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HomeMy WebLinkAboutMINUTES - 07111989 - 2.5 2.5 MR THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA DATE: July 11, 1989 MATTER OF RECORD SUBJECT: Port of Oakland Dredging Proposal The Board this day had on its Determination agenda an item continued from its June 27 , 1989 agenda for consideration of a Report from the Director of Community Development regarding the Port of Oakland Dredging Proposal. Supervisor McPeak, as Chair of the Water Committee, suggested a format for proceeding with the report by hearing preliminary comments from Mr. Okita, hearing the presentation from the Port of Oakland and then hearing from Contra Costa Water District. Dave Okita presented the report and recommendations and advised that representatives from the Port of Oakland wished to make a presentation, following which he would be happy to answer any questions by members of the Board. Charles Roberts, Director of Engineering at the Port of Oakland, explained the benefits of the dredging proposal, and showed slides to augment his oral presentation. Mr. Roberts responded to questions posed by members of the Board. Ron Butler, representing the Contra Costa Water District, expressed concern about the impact of this project on the Delta, and requested the Board to join the District in opposing the permit from the Regional Board. Austin Nelson, Chief Engineer of the Contra Costa Water District, discussed the District' s concerns, including possible concentration of heavy metals from discharge from the project, the lack of an adequate mitigation plan and the incompleteness or inadequacy of the environmental documents. Steven Roberti, Central Labor Council of Contra Costa County, and on behalf of the Alameda Central Labor Council, urged support of the project, but urged compliance with environmental and water quality standards. Board members discussed the matter with representatives of the Port of Oakland, Contra Costa Water District and staff. The Board thereafter adopted the order approving the five recommendations before them as follows: TO BOARD OF SUPERVISORS }} FROM: Harvey E. Bragdon, Gxtra Director of Community Development Costa DATE'. July 11 , 1989 County SUBJECT: Port of Oakland Dredging Proposal SPECIFIC REQUEST(S) OR RECOMMENDATIONS) a BACKGROUND AND JUSTIFICATION RECOMMENDATION 1 . support the proposal subject to the conditions listed herein, of the Port of Oakland to dispose of 440,000 cubic yards of dredge sediments on the landward side of Delta levees, including supporting issuance of Waste Discharge Require- ments by the Regional water Quality Control Board with the understanding that the Port of Oakland will be required to obtain final approval from the Regional Board, after detailed design plans and specifications are submitted, and that the concerns of the Contra Costa Water District and Congressman Miller are addressed. These detailed plans must include complete monitoring, mitigation and contingency plans that extend beyond 2 years to a period of 5-10 years. No final approval shall be granted until specific plans, demonstrated ability for implementation, and financial assurance are submitted to the Regional Board. An engineer- ing analysis should certify that the disposal of dredge materials will actually strengthen levees rather than weaken them. The Regional Board should commission an independent review of the engineering analysis to ensure there will be no levee impairment. 2 . Acknowledge that the Port of Oakland has prepared a detailed monitoring program and contingency plan that is supported by the financial capability of the City of Oakland to detect any pollutants leaving the islands and to provide for cor- rective measures so that water quality is not impaired. The Regional Board should retain the right to require the Port of Oakland to remove the dredge materials or implement equivalent measures if unforeseen impacts are detected in the future. The Regional Board should secure the written commitment of the full faith and credit of the City of Oakland to mitigate impacts and resolve.problems:.. CONTINUED ON ATTACHMENT: X YES SIGNAT ue RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMM NDATION CIF /RD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER _ VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS (ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES. AND ENTERED ON THE MINUTES OF THE BOARD ABS9NT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. cc: Orig., Dept. Community Development ATTESTED JUL 11 1989 County Administrator - -- -- Fish & Wildlife Committee via CDD PHIL BATCHELOR. CLERK OF THE BOARD OF Port of Oakland via CDD SUPERVISORS AND COUNTY ADMINISTRATOR Regional Water Qual, Control Board via CDD Contra Costa Water District via CDD BY M382i7-83 DEPUTY i 2. 3 . Acknowiedge that the Waste Discharge Requirements of the Central Valley Regional Water Quality Control Board will require monitoring of ground water, surface water, and receiving waters at the Delta islands, and will have the enforcement capability to ensure that water quality is not impaired and can require long-term monitoring and treatment of water if necessary. Measures should be taken to insure such monitoring and mitigation measures as the toe drain in peat soil can be maintained. 4. Acknowledge that the Port of Oakland testified that the discharge from run-off will meet water quality standards and criteria for contaminants, including heavy metals. Further acknowledge that the Port of Oakland has proposed a con- tingency/emergency plan to assure that no water shall be discharged that does not meet the criteria. The Regional Board should determine that the Port of Oakland can guaran- tee the immediate implementation of the contingency/emer- gency plan should it be necessary. 5 . The Port of Oakland shall secure a deep ocean disposal site with all necessary permits for disposal of remaining dredge materials. No more than 440, 000 cubic yards of dredge sediments shall be disposed on Delta levees. FINANCIAL IMPACT None to the County. BACKGROUND The Port of Oakland is proposing to dispose of approximately 440 , 000 cubic yards of dredge sediments on the landward side of levees on Twitchell Island (Sacramento County) and lower Jones Tract (San Joaquin County) in the Delta. The Port of Oakland has prepared an environmental impact report on the .project, which includes a monitoring plan, contingency plan, maintenance plan and financial assurance plan. The Board had previously authorized letters to the Port request- ing additional information and modifications to the draft environmental impact report. On June 20, 1989, the Board, upon recommendation from the Water Committee, stated , that they would recommend a position endorsing the project if adequate mechanisms are contained in the environmental documents to ensure adequate monitoring and emergency plans. Staff has met several times with the Port of Oakland and other interested agencies. Staff attended a technical session on July 10, 1989, sponsored by the Regional Water Quality Control Board with all interested agencies. Concerns of the Regional Water Quality Control Board were addressed at that meeting. The Port of Oakland will be required to submit detailed plans and speci- fications for Regional Board approval before dredging will be allowed. The additional detailed design information will include the management of stormwater runoff , modification to the contin- gency plan to reflect actual waste discharge requirements included in the permit issued by the Regional Board, and addi- tional detailed information on the depth of the toe drains necessary to control ground water and surface water. Staff has reviewed the environmental documentation provided by the Port of Oakland, and confirms that the Port has committed itself to implement the mitigation, monitoring and contingency plans. Of particular concern is the responsibility of the Port of Oakland for additional monitoring and mitigation measures should water quality levels exceed permit requirements. The legal staff of the Central Valley Regional Water Quality Control 3 . Board has determined that the City of Oakland would be legally and financially responsible for monitoring and implementation of contingency plans. The Regional Water Quality Control Board staff is satisfied that the City of Oakland' s financial resources are adequate to implement contingencies if necessary. The County Fish and Wildlife Committee discussed the Port of Oakland proposal at their July 6, 1989 , meeting. Due to the timing of the availability of documents from the Port of Oakland, the Committee was not able to thoroughly discuss the issue. The Fish and wildlife Committee urges the Board to review the pro- posal cautiously and to ensure that mitigation and monitoring will be required to protect water quality both in the short-term and the long-term. staff recommends support for the project contingent upon approval of the detailed plans and specifications by the Regional Water Quality Control Board and that the concerns of the Contra Costa Water District to protect drinking water supplies be addressed. The Central Valley Regional Water Quality Board will be consid- ering waste discharge requirements for the Port of Oakland at their July 12, 1989, meeting in Sacramento. DBO%jn jl21:port.brd