Here is the SFBA letter on mitigating the Sherman island project. June 6, 2014 Ms. Kathleen Buchnoff, Senior Engineer California Department of Water Resources 1416 Ninth Street Sacramento, CA 95814 Subject: Initial Study/Proposed Mitigated Negative Declaration for the Sherman Island “Little Baja and Manzo Ranch” Fish Release Sites Project Dear Ms. Buchnoff: This letter provides comments with respect to the content, impact analysis methodology and conclusions, significance thresholds and proposed negative declaration of the Initial Study/Proposed Mitigated Negative Declaration for the Sherman Island “Little Baja and Manzo Ranch” Fish Release Sites Project (Initial Study). The San Francisco Boardsailing Association (SFBA) is a California not-for-profit organization founded in 1986 to protect and enhance boardsailing access, and to promote boardsailing safety and related education in the greater San Francisco Bay Area. To this end, SFBA actively participates in the planning processes for special events, development, reuse and redevelopment of public and private properties adjacent to San Francisco Bay and Delta which may enhance, threaten and/or directly or indirectly impact the recreational uses of Windsurfing and/or Kiteboarding. Upon review of the Initial Study, it is clear to SFBA and its constituency that the World-Class Recreational Uses of windsurfing and kiteboarding adjacent to and within your proposed project area would be potentially restricted and/or significantly impacted by your proposed project. Section 3.15.1 of the Initial Study (Environmental Setting: pg 3-77) acknowledges that public access and recreation on the navigable waters are protected under the Public Trust, and that windsurfing and kiteboarding do occur there. It also acknowledges that the project “…. will only temporarily (during construction) result in restricted access within the project site for recreation.” Because our members use the levee and road within the proposed project area for parking and for access to and from the water, we find it very difficult to conclude that there is “No Impact” when indeed, two years of prohibited recreational use is a significant impact and it will indeed overwhelm the modest county park immediately adjacent to the project. The initial study is clearly inadequate in that it functionally ignores a recreational use that has been occurring at the site for over 30 years. By not including the existing use at the site, the document failed to analyze the impacts of the project, and determine whether or not mitigation measures or alternatives would reduce those impacts to a level of insignificance. Since the project would close parts of the levee road that are used for parking and launching permanently, and since the construction staging areas identified in Figure 2 would displace additional parking areas, it is clear that the project would directly interfere with parking and access to the water. These areas are heavily used during the summer, and the loss of those areas would decrease the capacity of this site, one of the most important in the San Francisco Bay area. This clearly constitutes substantial adverse impacts on human beings, making it impossible to issue a negative declaration unless those impacts are mitigated to a point of insignificance. We have discussed the matter with you and with Ms. Delia Girjal, the person coordinating real estate acquisition for the project, and we believe that it is possible that mitigation measures can be developed that would allow the project to go forward without preparing an EIR. However, in failing to identify the existing use, the current initial study is fatally flawed. RECREATION AND CEQA For a number of years, an appendix in the CEQA guidelines indicated that adverse impacts to recreation were presumed to constitute significant impacts. We understand that the guidelines have been changed, and that the IS uses the current checklist. However, changing the guidelines does not mean that recreational impacts can be ignored, it simply means that adverse impacts on recreation are no longer presumed to be significant. Nor does the revision of the CEQA checklist allow such a perfunctory analysis as contained in the current document. Local sailors noticed consultants for DWR performing preliminary soil work for the project last summer—when windsurfers and kiteboarders were present at the site and in the river adjacent to the site. To ignore those impacts in preparing an initial study—while devoting dozens of pages to biological impacts—has left the DWR with a fatally flawed document, and an erroneous conclusion on recreational impacts. Proper CEQA analysis consists of establishing a baseline of existing resources that might be affected by any project. In this case, the baseline should have identified all of the areas used for parking by those seeking access, as well as all of the launch sites. An inventory of those parking areas, and the number of spaces within them, would have allowed numerical analysis of the project’s impacts on those resources. Similar analysis should have established the pattern of launching from the sites along the levee that could be affected by the project. Currently, the area identified on Figure 2 as ‘Primary Staging & Spoil Site “B”’, and the levee road are used for parking. A full list of the recreational access sites can readily be found here: rvwa-siko/sites/ THRESHOLDS OF SIGNIFICANCE It is incumbent on lead agencies to determine what public policies set guidelines for protection of resources, and to use those policies in establishing thresholds of significance that allow the impacts of a project to be weighed against those policies to determine whether or not they are “substantial.” In California, the legislature, in passing AB 1296, the San Francisco Bay Area Water Trail Act, recognized the extraordinary value of recreational access to San Francisco Bay. Under that Act, Public Resources Code Section 66690 (b) provides: (b) Water-oriented recreational uses of the San Francisco Bay, including kayaking, canoeing, sailboarding, sculling, rowing, car-top sailing, and the like, are of great benefit to the public welfare of the San Francisco Bay Area. With loss of public open space, the public increasingly looks to the bay, the region’s largest open space, for recreational opportunities. Water-oriented recreational uses are an integral element of the recreational opportunities that span the San Francisco Bay Area and add to the community vitality and quality of life that the citizens of the region enjoy Senator Torlakson followed this effort up with a bill in 2006, SB 1556, which directed the Delta Protection Commission to expand this concept to the Delta. The Vision for this effort can be found on their website, and includes clear support for access to the water: The Delta Trail will be a interconnected regional network of land and water trails…The network will support recreation… delta.ca.gov/res/docs/trail/Adopted_Western_Blueprint_9-23-2010.pdf Both of these measures implement the larger policies established in the State Constitution which give access to the waters of the state Constitutional standing. No … corporation … possessing the frontage …. of a… bay… in this State, shall be permitted to exclude the right of way to such water whenever it is required for any public purpose, nor to destroy or obstruct the free navigation of such water (emphasis added) While it may be argued that the waters offshore of Sherman Island are not a bay, there is no question that the state has established policies that protect and encourage access to those waters. To overlook the use, in light of these policies, is folly. The existing parking areas, where construction staging is proposed, and where closure and fencing of the levee road are proposed, are needed to accommodate existing use. Parking within the Regional Park is often completely occupied, leaving these areas as the only possible parking areas for sailors, who come from throughout the Bay area and parts of the Central Valley, to park. As such, elimination of these parking areas will directly and substantially reduce the carrying capacity of this area, and will increase burdens on the County park. The IS blithely states, “Improvements to the county road will require a county approved detour but will not result in loss of access.” However, the conclusion in the IS that the project would have no impact on existing regional parks or other recreational facilities is factually wrong. SAFETY Permanent closure and fencing of the section of the levee road now used for parking and access to the water is proposed. This will not only eliminate parking that is needed to support existing recreation, it will decrease safety for users. Currently, the levee road in question is a “fail-safe” point of egress for sailors who may be caught in a flood tide, or be subject to a dramatic change in wind velocity. It allows them to swim to shore with their equipment and walk back to their parking area or the County park. This form of egress is critical to recreational safety—and not discussed in the document. MITIGATION MEETING We would like to meet directly with you and your staff to address appropriate mitigation measures which can be developed that would allow the project to go ahead without preparation of an EIR or relocation of the fish facilities. That meeting should be held jointly with our sister organizations, the Rio Vista Windsurfing Association and Sherman Island Kiteboarding Organization. Mitigation should include full replacement, in kind, of all parking and launch areas. SFBA looks forward to your response, and we stand-by to meet with you as soon as practicable. Sincerely, Jim McGrath, Vice President San Francisco Boardsailing Association [email protected] (510) 848-8071 Cc: [email protected] [email protected]
Posted on: Mon, 09 Jun 2014 18:18:44 +0000
Trending Topics
Recently Viewed Topics
© 2015