WHEREAS: Clark Realty Capital has submitted an application to the DCRA for a permit to construct a nine-story apartment building on the property at 3883 Connecticut Avenue NW, and

WHEREAS: the proposed apartment building will have 168 living units, five underground levels, and parking for 173 cars, and

WHEREAS: The Project is estimated to cost in excess of 17 million dollars, and

WHEREAS: the DC Code, §6-982, defines a major action as one that costs over one million dollars, in 1989 dollars, and

WHEREAS: The Project meets the definition of a major action, and

WHEREAS: The project, if implemented, is likely to have substantial negative impacts on the following:
that portion of Rock Creek Park and Melvin Hazen Trail adjacent to and in the immediate vicinity of the proposed project;
the flora and fauna in the area surrounding the proposed building site;
the air, noise and visual environment of area surrounding the proposed building site;
traffic on the already overly congested Connecticut Avenue corridor; and
elements of the property at 3901 Connecticut Avenue which already have been designated as having historical significance.

WHEREAS: townhouse development in addition to development of the proposed nine story apartment building is probable (based on information provided by Clark Realty Capital) and it is good planning practice to consider the impact of the total development when assessing negative impacts on the physical environment;

WHEREAS: According to the DC Code, §6-983, (a) Whenever the Mayor or a board, commission, authority, or person proposes or approves a major action that is likely to have substantial negative impact on the environment, if implemented, the Mayor, board, commission, authority, or person shall prepare or cause to be prepared, and transmit, in accordance with subsection (b) of [§6-983], a detailed EIS at least 60 days prior to implementation of the proposed major action, unless the Mayor determines that the proposed major action has been or is subject to the functional equivalent of an EIS

BE IT THEREFORE RESOLVED: Unless the Mayor determines that the proposed major action has been or is subject to the functional equivalent of an EIS and is exempt from the requirement for an environmental statement, that an environmental impact statement be prepared under the requirements of Subchapter VI of the DC Code.

BE IT FURTHER RESOLVED: If the Mayor receives a staff recommendation or if the Mayor determines that the proposed major action has been or is subject to the functional equivalent of an EIS and is exempt from the requirement for an environmental impact statement, that this recommendation or determination be furnished to ANC3F for review and comment prior to final action by the Mayor.

/s/ David J, Bardin     ____________    /s/ Robert V. Maudlin______
Chair                                      ;               Secretary

__________________________________________________________________________ __________________

DC Code

§ 6-982. Definitions.
For the purposes of this subchapter, the term:

(1) "Action" means (A) a new project or activity directly undertaken by the Mayor or a board, commission, or authority of the District government or (B) a project or activity that involves the issuance of a lease, permit, license, certificate, other entitlement, or permission to act by an agency of the District government.

(2) "Major action" means any action that costs over $1,000,000 and that may have a significant impact on the environment, except that, subject to the exemptions in § 6-986,

§ 6-983. Environmental Impact Statement requirements.

(a) Whenever the Mayor or a board, commission, authority, or person proposes or approves a major action that is likely to have substantial negative impact on the environment, if implemented, the Mayor, board, commission, authority, or person shall prepare or cause to be prepared, and transmit, in accordance with subsection (b) of this section, a detailed EIS at least 60 days prior to implementation of the proposed major action, unless the Mayor determines that the proposed major action has been or is subject to the functional equivalent of an EIS

(b) The Mayor, board, commission, or authority shall transmit a copy of any EIS prepared pursuant to subsection (a) of this section to the Council, any District agency that has responsibility for implementing the major action or special expertise with respect to any environmental impact involved, and any affected Advisory Neighborhood Commission. A copy of the EIS shall be made available for review by the public in the main office of the agency primarily responsible for implementing or permitting the proposed major action. The Mayor, board, commission, or authority shall provide a reasonable period consistent with subchapter I of Chapter 15 of Title 1, for comment on any EIS required to be prepared pursuant to subsection (a) of this section. If 25 registered voters in an affected single member district request a public hearing on an EIS or supplemental EIS or there is significant public interest, the Mayor, board, commission, or authority shall conduct a public hearing pursuant to the rules issued in accordance with § 6-989(a).

(c) (1) The Mayor, board, agency, commission, or authority of the District government shall determine within 30 days, excluding Saturdays, Sundays, and legal holidays, of receipt of an application for a proposed major action whether an EIS is required, if the action involves the grant or issuance of a lease, permit, license, certificate, or other entitlement by a District agency.

(2) If the Mayor, or a board, commission, or authority of the District government determines that an EIS is not required for a major action that is likely to involve the creation, use, transportation, storage, or disposal of a hazardous substance, the Mayor shall prepare, make available for public inspection, and transmit to the Council a written determination that describes why an EIS is not required prior to the grant or issuance of any applicable lease, permit, license, certificate, entitlement, or permission to act.

(3) If the major action involves the grant or issuance to an applicant of a lease, permit, license, certificate, or other entitlement by a District agency:

(A) The agency shall notify the applicant, in writing, if a determination has been made that an EIS is required. Notice of the determination and the findings that support the determination shall be kept on file by the Mayor

(C) The applicant shall assist the Mayor, or the board, commission, or authority at any stage of the review of the proposed major action by timely submitting all relevant information concerning impact, costs, benefits, and alternatives. The Mayor, board, commission, or authority shall deny a proposed action, if the applicant fails to submit relevant information as specified in rules promulgated pursuant to § 6-989.

§ 6-984. Adverse impact findings.

If the EIS identifies an adverse effect from a proposed major action and contains a finding that the public health, safety, or welfare is imminently and substantially endangered by the action, the Mayor, board, commission, or authority of the District government shall disapprove the action, unless the applicant proposes mitigating measures or substitutes a reasonable alternative to avoid the danger.

§ 6-986. Exemptions.

(3) Whose impact on the environment has been considered in the functional equivalent of an EIS