HomeMy WebLinkAboutMINUTES - 11011988 - 1.49 1-049
TO: BOARD OF SUPERVISORS ;+! N
FROM: Harvey E. Bragdon, 4ontr
Director of Community Development C )sta
DATE: October 20, 198$ County
SUBJECT: Response to letter from the Mt. Diablo
Audobon Society regarding unauthorized
filling of wetlands at. McAvoy Boat Harbor
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION
Authorize Chair to sign a letter to Mr. A.B. McNabney in response
to his letter to the Board dated June 1, 1988 , regarding the
unauthorized filling of wetlands at McAvoy Boat Harbor.
FINANCIAL IMPACT
None
REASONS FOR RECOMMENDATION/BACKGROUND
On June 1 , 1988 , Mr. A.B. -McNabney -of the Mt. Diablo Audobon
Society sent a letter informing the Board of unauthorized filling
of wetlands at the McAvoy Boat Harbor in West Pittsburg, and
requesting that action be taken to return the wetland to its
normal condition. This letter updates Mr. McNabney on the
County' s progress with this issue.
The activities that have occurred at the McAvoy Boat Harbor are
in violation of the regulations of the Bay Conservation and
Development Commission (BCDC) and the Army Corp of Engineers.
Both agencies are actively pursuing this issue. BCDC issued a
temporary Cease and Desist Order on July 15, 1988 , and is pur-
suing the issuance of a Cease and Desist Order by their Board of
Directors. The Army Corp of Engineers also issued a Cease and
Desist Order, and is currently considering preparing a case
against Mr. Trost, the owner of the property, for the U. S. .
Attorney General.
The activities that have occurred do not, however, , constitute a
violation of the County Ordinance Code.. The Building Inspection
Department conducted a site visit, and determined that the move-
ment of earth was not to the extent that a -grad- ng ,permit° would
be required.
CONTINUED ON ATTACHMENT: X YES SIGNATURE:0441 .
RECOMMENDATION OF COUNTY ADMINISTRATOR RECO M N ION O> B RD COMMITTEE
APPROVE OTHER
SIGNATURE(S): v
ACTION OF BOARD ON NOV 1 1988 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS (ABSENT
AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
NOV 1 1988
CC: ATTESTED
Community Development PHIL BATCHELOR, CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
M382/7-83 BY ie kazr� DEPUTY
2.
The County Fish and wildlife Committee made a site visit on
September 15, 1988, and found that a wetland area had been mowed
and was substantially dry. The Fish and wildlife Study Committee
is actively monitoring the progress of this issue, and has
offered its assistance to the Army Corp of Engineers in their
pursuit to ensure that the area is fully restored.
The County Community Development Department is also reviewing the
issue of wetland and marshland designation and protection as part
of the comprehensive review of the County General Plan. Our
department will be reviewing the accuracy of the existing tidal
marshland designation, and reviewing the County Ordinance Code to
determine what changes should be made. In addition to addressing
adequate protection for wetlands and marshlands, our department
will be looking at providing the necessary upland zones for
habitat, and will be considering additional controls that may be
necessary to ensure that activities on adjacent lands do not
adversely affect wetlands and tidal marshlands.
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