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The problem in Klingle Valley is largely
about stormwater runoff. Klingle Creek is a stream about 1/2 mile long which discharges
into Rock Creek near Porter Street. The Klingle watershed is
about 320 acres, much of it impervious surfaces. This means that when
there are heavy rains, the water goes into the valley almost
immediately, flash flooding the creek, causing massive erosion
of the creek and the roadbed. Although this is a
big deal for Klingle Stream - each time there are big rains it
scours the stream - it is a far bigger deal for Rock Creek. This
water is hotter than the natural stream water, and depleted of
oxygen, and comes down way to fast, carrying all sorts of
sediment and other junk with it.
A 3'6" storm
drain, which parallels Klingle creek and Macomb Street, joins a
4'6" drain from Porter Street just before the combined system
empties into Rock Creek. This system is overwhelmed during heavy rains
and has been deteriorated due to lack of upkeep prior to the
road closure. This runoff is a major pollution problem for Rock
Creek. Various stormwater management proposals have been worked
on over the years,
The 1991 plan proposed that there
should be "ten oil and particulate removal structures with
a wet detention/release volume of 400 cubic feet each and they
should have underdrains to slowly bleed (l-2gpm) the 4,000 cubic
feet to the stream. In essence, this will capture and treat all
of a 0.5 inch of a precipitation event which is about the ten
day frequency storm."
The problem with this is that
with the roadbed, guardrails and other road structures, as well
as the sewer and gas pipes under the road, there is very little
room within the right of way to put these measures in place,
even if they were adequate to solve the problem. This would mean
that federal parkland would be needed to fix the road.
Adrienne
Coleman, Superintendent of Rock Creek Park described
the problem this way at the Nov '00 meeting: "We are in
a valley and we are literally dumped on constantly. Storm water
runoff, leaky sewers, mystery discharges into the creek. The
Klingle Valley is just a microcosm of some of the things that
are happening in Rock Creek Park. Storm water and drainage
problems have been an issue in the Klingle Valley for many, many
years, and the park has been harmed for many, many years as a
result of it. I think we all need to keep in mind that the
reason that the road was closed because the drainage system
failed. And at this point, we are not assured that any
construction of paved surface is not going to cause harm to Rock
Creek Park . So, at this point, we cannot support any paved
roadway leading or feeding into Rock Creek Park.."
Trees

A small section of the proposed Klingle Road and which trees
would either be cut down, or whose roots would be severely
damaged by road construction.
The road also has to be safe by
modern standards - AASHTO standards - American Association of
State Highway and Transportation Officials. These can be very
involved in a project like Klingle. They require barriers and
curbs and those need deep concrete footings to hold them. Very
many trees will need to be felled to construct the road, and
construction damage to even more tree's roots will spell slow
death for many more trees. Many of the doomed trees are on
federal parkland, which is protected by a series of laws.
David
Murphy, also speaking at the Nov '00 meeting
representing the National Park Service said: "The
National Park Service is confronted with a continuing and
constant level of work to preserve that valley. We have worked
with the District of Columbia for approximately that last twenty
years, looking at various schemes for restoration of their roles
which is a narrow band within the broader sections and adjoining
park land. The alternative that was studied in 1991 created a
requirement for an extensive number of trees to be removed in
that construction. However, alternatives that we have seen that
involve pavement appear to require use of parkland and/or in a
direct or indirect injury impacts, i.e., loss of trees and
affect on the drainage and grading of that Park. The National
Park Service cannot support or encourage the District of
Columbia to pursue a paved solution in this valley and they are
committed to providing access for infrastructure such as storm
water and gas lines"
Environmental
A road proposal faces substantial
environmental legal hurdles before it can even get a permit to
be built. In order to qualify for federal funding (which
comprises the vast majority of DC's DOT spending), a road
project must meet federal environmental protection standards (NEPA).
Although most roads in DC get what is called a categorical
exclusion, a federally funded project must have a finding of no
siginificant impact (FONSI) under an environmental asessment
process that is carefully detailed, and if it will have a
significant impact, then a detailed mitigation plan must be
crafted and approved.
If this is not enough, if a project borders
federal parkland, as Klingle does, then compliance with US DOT
section 4f must be evaluated to get federal funding. In order to
pass this test, the Federal Highway Administration (FHWA)
must find that there is not a "prudent and feasible
alternative" to the impact and use of federal land, and
that the project includes all possible planning to minimize
harm.
Since the National Park Service has already
said it will not support any solution that will remove trees or
tree roots on federal land, there must be no alternative for the
construction of the road. In 1990, DC's emergency services
thought that they would need Klingle, but since there has been
no call for Klingle based on emergency services. In that case,
there are abundant transportation alternatives to a paved road
in Klingle.
There is also the matter of the Army Corps of
Engineers, who have jurisdiction over the waters of the United
States - they must issue a fill and dredge permit for Klingle.
Finally, and perhaps most significantly, there
is the District's own environmental laws. DC's EPA law calls for
the "fullest
possible preservation and protection of the environment through
a requirement that the environmental impact of proposed District
government ... actions be examined before implementation and to
require the Mayor, board, commission, or authority to substitute
or require an applicant to substitute an alternative action or
mitigating measures for a proposed action, if the alternative
action or mitigating measures will accomplish the same purposes
as the proposed action with minimized or no adverse
environmental effects." Again, the threshold here is
that there would be no alternative, and with Klingle, the
transportation need is just not significant enough.
Klingle Creek is also a SWDC designated
segment (SPECIAL WATERS OF THE DISTRICT OF COLUMBIA), and
anything which might affect the water quality must meet it's
provisions:
"(b)Construction or development projects…. which
may lead to pollution of the water shall be permitted on a case
by case basis to insure that there are no long term adverse
water quality effects and no impairment of the designated uses
of the segment occurs; or….
(c)Short term degradation of water quality in a SWDC segment due
to construction projects may be permitted provided that prior
notice is given to the public as well as other local and federal
government agencies, and provided that their concerns are
properly addressed."
All of these standards. laws and regulations spell one thing
for Klingle: a very steep uphill battle for a paved road,
perhaps an insurmountable feat.
Financial
There are currently no actual estimates for
the reconstruction project. All of the figures currently
circulating are from the 1990 rebuilding proposal. Current
AASHTO, NEPA and US DOT 4f standards would probably mean a road
that is VERY expensive.
It appears pretty clear that any proposal is
going to need federal parkland, or will impact federal parkland
substantially. It is equally clear that the Park Service will
not support this, which means NO FEDERAL FUNDING.
This means that funds for Klingle will come
out of DC's pockets. The other thing that DC's DOT spends money
on is improving residential side streets. Whatever gets spent on
Klingle will not get spent on side streets that need repaving or
other improvements.
Just because federal funding won't be used,
doesn't mean that the environmental standards can be undermined.
In many ways, the DC EPA process could be more restrictive than
the federal law.
This means a lot of money that won't get spent
on roads that really need it, which is probably not politically
feasible.
Social
Over the years, the park has developed a
strong following of people who use it regularly and feel that
making it a road again would be a tragic loss of important
greenspace.
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