HomeMy WebLinkAboutMINUTES - 08052003 - C.7 TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU,PUBLIC WORDS DIRECTOR
DATE: August 5, 2003
SUBJECT: ADOPT the State Route 4 Gap Closure Project Environmental Impact Report; FIND and
DECLARE that an emergency exists and AUTHORIZE the Public Works Director, or designee, to
proceed in the most expeditious manner with the replacement of the Asbury Graphite Wastewater
System, on State Route 4 in the Hercules area. [SCH No. 95043029]. (District II)
Project No.: 4660-6X4152.
SPECIFIC REQUEST(S)OR RECOMNIENDATION(S)&BACKGROUND AND JUSTIFICATION
L Recommended Action:
1. ADOPT the previously certified Final Environmental Impact Statement(FEIS/EIR) for the State Route 4
Gap Closure Project (SR4 Gap Closure EIR) for the purpose of real property transactions and
construction of new wastewater service facilities for the Asbury Graphite Company [SCH No.
95043029].
2. FIND based upon the substantial evidence outlined in the SR4 Gap Closure FEIS/FEIR that the
significant impacts to wetland and biological resources are within the jurisdiction and responsibility of
the Federal Highways Administration, California Department of Transportation, and the Contra Costa
Transportation Authority not Contra Costa County.
3. FIND that California Department of Transportation and the Contra Costa Transportation Authority have
adopted and implemented mitigation measures that substantially lessen the significant effects to these
resources.
4. FIND that the acquisition of property for and construction of wastewater service facilities for Asbury
Graphite Company will not cause a significant impa ...n
t
Continued on Attachment: x SIGNATU
MCOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S} f
ACTION OF B ON AUGUST 05, 2003 APPROVED AS RECOMMENDED xx OTHER
VOTE OF SUPERVISORS
___XX UNANIMOUS(ABSENT NONE )
AYES: NOES:
ABSENT: ABSTAIN: 1 hereby certify that this is a true and correct
copy of an action taken and entered on the
G.\GrpData\RealProp\2003-Files\BOs&RES\BO Asbury Emergency.doc minutes of the Board of Supervisors on the
Orig.Div: Public Works(RIP) date shown.
Contact: Karen Laws(313-222$)
cc: E.Kuevor,CAO ATTESTED: AUGUST 05, 2003
Auditor-Controller JOHN SWEETEN, Clerk of the Board of
Community Development Supervisors and County Administrator
PW Accounting
PW Environmental By / '` , Deputy
PW Construction
Board Orders Senior Clerk,Adm.
Subject: Replacement of the Asbury Graphite Wastewater System, on Route 4 in the Hercules area.
Date: August 5, 2003
Page: 2
5. FIND and DECLARE that an emergency exists and AUTHORIZE the Public Works Director, or
designee, to proceed in the most expeditious manner with the replacement of the Asbury Graphite
Wastewater System.
6. FIND, based on the evidence set forth below and as contained in the minutes of the Board meeting,
pursuant to Public Contract Code Sections 22035 and 22050, that an emergency exists, that the
emergency will not permit a delay resulting from our normal procedures for solicitation of bids and
contract award, and that the action described in this order is necessary to respond to the emergency.
7. DELEGATE to Public Works Director, or designee, the authority to proceed in the most expeditious
manner to replace the Asbury Graphite wastewater system as part of the State Route 4 West Gap Closure
project.
8. DIRECT the Public Works Director, or designee, to make periodic reports to the Board of Supervisors,
as required by Public Contract Code 22050 to enable the Board of Supervisors to determine that there is
a need to continue the emergency action.
9. WAIVE the County Outreach Program requirements for construction contracts, purchasing contracts,
and professional service contracts.
10. DIRECT the Director of Community Development to file a Notice of Determination.
11. AUTHORIZE the Public Works Director to arrange for payment of a $25 fee to Community
Development Department for processing, and a $25 fee to the County Clerk for filing of the Notice of
Determination.
IL Financial Impact:
The total estimated contract cost is $400,000 which is 100% reimbursable from the Centra Costa
Transportation Authority.
III. Reasons for Recommendations and Background:
The project is located north of State Route 4 at the Franklin Canyon Road undercrossing, east of the City
of Hercules. The project will replace the Asbury Graphite Company's wastewater system (leach field)
that was removed to allow the construction of the new SR4 westbound lanes by the Contra Costa County
Transportation Authority. The Company's existing system was modified for temporary operation
pending construction of this new system. The temporary system has exceeded its useful life and is near
failure. The selection of a new leach field location and negotiation for its purchase, the design and
approval process for the new system and the coordination with the Asbury Graphite have all contributed
to a prolonged operation of the temporary system.
Subject: Replacement of the Asbury Graphite Wastewater System, on Route 4 in the Hercules area.
Date: August 5,2003
Page: 3
The Federal Highways Administration (FHWA) and California Department of Transportation (Caltrans)
prepared a FEIS/FEIR for the State Route 4 Gap Closure Project. FHWA signed the Record of Decision
on November 20, 1998; Caltrans filed the Notice of Determination on October 30, 1998. A subsequent
reevaluation/addendum, which addressed the construction of the Asbury Graphite wastewater services
facilities, was approved on December 8, 1999 and December 13, 1999 (respectively). The
reevaluation/addendum found the proposed replacement wastewater facilities would not have a
significant impact on the environment. Contra Costa County is adopting the FEIS/FEIR, including the
reevaluation/addendum, to approve the Asbury Graphite Wastewater Services Facilities Project, conduct
real property transactions, authorize advertisement, award contracts, and construct the needed
wastewater service facilities.
In order for the replacement system to be completed as quickly as possible, an emergency declaration is
necessary. If we were to follow our normal construction contract advertisement and award process, the
replacement project work could not begin until mid-October, and could result in delaying the project
well into 2004. Because of the soil conditions in the area, construction of the new leach field cannot
take place during the rainy season. Compaction of the wet soil by construction equipment could destroy
the viability of the leach field. This delay would put the existing system at significant risk for failure,
which would contaminate surrounding areas.
Pursuant to provisions of Sections 22035 and 22050 of the Public Contract Code, when the appropriate
findings of an emergency are made by the Board of Supervisors, the normal bidding procedures are
waived and repairs can begin immediately. We are, therefore, recommending that the Board make such
findings and direct the Public Works Director, or designee, to proceed with the project and enter into any
necessary contracts.
IV. Consequences of Negative Action:
Non-concurrence of the above recommendation will delay replacement of the wastewater system until 2004
resulting in the increased potential for the failure of the existing system, which would cause effluent
contamination of the surrounding area and off-hauling up to 750 gallons per day of effluent to an appropriate
disposal facility.
CALIFORNIA ENVIRONMENTAL QUALITY ACT
NOTICE OF DETERMINATION
CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
651 PINE STREET 4TH FLOOR NORTH WING MARTINEZ,CALIFORNIA 94553-0095
Telephone: (925)313-2296 Contact Person: Cece Sellgren,Environmental Planner
Common Name(if any),Location,and Project Description:Ashbury Graphite Wastewater Services Facilities,Hercules
area. The leach field for the Ashbury Graphite Company was adversely affected by the construction of a portion of the
State Route 4 Gap Closure Project between Interstate 80 and Cummings Skyway. To mitigate for these impacts Contra
Costa County proposes to replace the leach field and construct wastewater facilities to connect sewage from the
manufacturing plant and associated structures to the new leach field. Real property transactions and an encroachment
permit from Caltrans will be required in support of this project.
The Federal Highways Administration(FHWA)and California Department of Transportation(Caltrans)prepared a Final
Environmental Impact Statement/Environmental Impact Report(FEIS/FEIR)for the State Route Gap Closure Project.
FHWA signed the Record of Decision on November 20,1998;Caltrans filed the Notice of Determination on October 30,
1998. A subsequent reevaluation/addendum,which addressed the construction of the Ashbury Graphite wastewater
services facilities,was approved on December 8,1999 and December 13, 1999(respectively). The
reevaluation/addendum found the proposed replacement wastewater facilities would not have a significant impact on the
environment. Contra Costa County is adopting the FEIS/FEIR,including the reevaluation/addendum,to approve the
Ashbury Graphite Wastewater Services Facilities Project,conduct real property transactions,authorize advertisement,
award contracts,and construct the needed wastewater service facilities.
Pursuant to the provisions of the California Environmental Quality Act:
( ) An Environmental Impact Report was prepared and certified(SCM# )
(X) The Project was encompassed by an Environmental Impact Report previously prepared
for State Route 4 Gap Closure Project between Interstate 80 and Cummings Skyway(SCH#95043029).
( ) A Negative Declaration()was prepared( )
Copies of the record of project approval and the final EIR may be examined at the office of the Contra Costa County
Public Works Department.
(X) The Project will not have a significant environmental effect.
( } The Project will have a significant environmental effect.
( } Mitigation measures were made a condition of approval of the project.
{ ) A statement of overriding considerations was adopted.
{ } Findings were adopted pursuant to Section 15091 of the State CEQA Guidelines,
Date:
By:
Community Development Department Representative
AFFIDAVIT OF PILING AND POSTING
I declare that on I received and posted this notice as required by
California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing
date.
Signature Title
Receipt#
Applicant: Department of Fish and Game Fees Due
Public Works Department EIR-$850 Total Due: $50_
255 Glacier Drive Neg.Dec.-$1,250 Total Paid $
Martinez,CA 94553 _X_ DeMiNmis Findings-$0
Attn:Cece Seligren _X—County Clerk-$50 Receipt#:
:sr
Contra Costa County
Findings for the Ashbuty Graphite Wastewater Services Project
associated with the State Route 4 West Gap Closure Project
Between Interstate SO and Cummings Skyway
The following information is presented to comply with Section 15091 of the State CEQA
Guidelines. Reference is made to the Final Environmental Impact Statement/Final Environmental
Impact Report(FEIS/FEIR)for the project,which is the basic source for the information
Mitigation monitoring is being implemented in accordance with the Caltrans standard program
contained in Article 1-2.4 of the Environmental Handbook,Volume I.
Biology
Adverse Environmental Effect
The proposed SR4 gap project would have an adverse effect on western pond
turtle and California red legged frog and their habitat. The western pond turtle is
a state species of concern and the California red legged frog is a federally
threatened species.
Findings:
Changes or alterations have been required or incorporated into the project which
mitigate or avoid the significant environmental effects identified in the FEIS/FEIR.
The Federal Highways Administration, California Department of Transportation
and the Contra Costa Transportation Authority implemented these changes. The
proposed project to replace the Ashbury Graphite Company wastewater services
facilities will not have a significant environmental effect.
Statement of Facts
The SR 4 gap project will result in the permanent loss of 457 meters of riparian
habitat along Rodeo Creek. To compensate for this, an easement 1143 meters
in length has been purchased prier to the construction of the project.
Construction activities associated with the construction of the highway facilities
will require up to 19 oak and 20 willow tress. Young trees have been planted to
replace the last trees on the basis of providing for a greater total sum of the stem
cross sectional area, after allowing for 25% mortality, as required in the Biological
Opinion from United States Fish and Wildlife Service. Construction of the
Ashbury Graphite Company Wastewater Services Facilities will not impact these
resources.
The final mitigation plan was developed in consultation with the appropriate
regulatory agencies. The plan includes provisions for monitoring and remedial
actions, if necessary, and was approved by the United States Fish and Wildlife
Service. Following completion of the installation of the mitigation project, a
conservation easement was granted to the Muir heritage Land Trust for
preservation of the mitigation site. No public access to the mitigation will be
allowed.
The I=EIR and pertinent technical studies are available for public inspection at:
Contra Costa Transportation Authority
3478 Buskirk Avenue, Suite 100
Pleasant Hill, CA 94523
Or by contacting Cece Sellgren, Environmental Planner, Contra Costa County
Public Warks Department at 925-313-2296