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HomeMy WebLinkAboutMINUTES - 04171990 - 2.6 TO: - -BOARD OF SUPERVISORSr�r�y FROM: Harvey -E. Bragdon :''.'r Costa Director of Community. Development u(�1J. I�y�►�{\) DATE: April 16, 1990 °"^ •`y SUBJECT: Background Report on Disposition of Debris in Delta from Quimby Island SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Accept background report on Quimby Island. FISCAL IMPACT None. BACKGROUND/REASONS FOR RECOMMENDATIONS On April 3 , 1990, due to complaints that trees, bushes and other debris were dumped into Old River off Quimby Island as part of levee repair, the Board of Supervisors directed the Community Development Department (CDD) to enlist appropriate agency involvement for determination of regulatory violation and enforcement . On April 10, 1990, the Board took further action; requesting a background rport from CDD, referring this issue to the Building Inspection Department to determine enforcement authority and to the District Attorney' s office for possible prosecution. The Board also requested that the State Department of Fish and Game and the Army Corps of Engineers appear before the Board on April 17, 1990, to report on agency regulatory jurisdiction and enforcement. Quimby Island is comprised of 790 acres in east Contra Costa County. It is owned by Ellis Island Farms, Inc. and is zoned general agricultural: The debris was removed from the river on Monday, April 2, 1990, and therefore, requires no further action from most agency perspectives. However, the issue of permit requirements has not been r solved. CONTINUED ON ATTACHMENT: YES SIGMA RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDA9Z.�ONJIBPARD COMMITTEE APPROVE OTHER ACTION OF BOARD ON 17 o APPROVED AS RECOMMENDED OTHER Senator John Nejedly appeared and commented. The Board ACCEPTED the report from Community Development on debris in the Delta from Quimby Island; DIRECTED that a letter be sent to the District Attorney requesting immediate follow-up on the matter and a report back to the Board on May 1, 1990; REQUESTED the U.S. Army Corps of Engineers to issue a citation based on evidence presented to the Board on a violation of the Corps' regulations; REQUESTED the Sheriff Department's Marine Patrol to conduct another investigation of the site; REFERRED the issue to the County Fish and Wildlife Study Committee for immediate investigation, and to the Delta Advisory Planning Council and the Board's Water Committee to develop a process for better control and enforcement of regulations in the Delta area, including more stringent grading permit requirements; and REQUESTED Supervisor Torlakson to pursue with members of East County organizations the establishment of a "watch dog" committee similar to the Bay Watch. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT } TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. cc: Community Development ATTESTED 11At ` � Z /,fpe District Attorney PHIL ATCHELOR, CLERK OF Sheriff - Marine Patrol THE 130ARD OF SUPERVISORS County Fish & Wildlife Study Cte AND. COUNTY ADMINISTRATOR DAPC - staff Water Committee Members By 14 , DEPUTY Supervisor Torlakson i I Complaints were initially handled by Sergeant Rod Carpenter of the Sheriff' s Marine Patrol. Sergeant Carpenter visited the site on April 1, 1990, saw debris in Old River, and left a note (and citation under Section 5652 of the State Fish and Game Code) at the site indicating that debris must be removed. Sergeant Carpenter notified the Department of Fish and Game regarding potential violations and learned that the Department was already involved in efforts to regulate clear-cutting of vegetation in this and other levee areas. The Department of Fish and Game regulatory and enforcement ability in this instance is not clear, although the Department .has begun to set up policy to work with reclamation districts to reduce clear-cutting practices under Sections 1601 through 1603 of the State Fish and Game Code. ( Captain Ryan Broaddrick of Fish and Game will be present during the April 17 meeting to discuss this issue further. ) Sergeant Carpenter also notified the Central Valley Regional Water Quality Control Board, the U.S. Coast Guard and the State Lands Commission, but these agencies have no jurisdiction in this case. Sergeant Carpenter noted that lack of funding (and therefore lack of marine patrols) has resulted in fewer citations and other enforcement activities in the Delta area. Unfortunately, due to a multitude of previous commitments (such as subpoenas, etc. ) , the Army Corps of Engineers will be unable to attend the Board hearing of April 17, 1990. The Corps has indicated their willingness to participate at a later date, and Tom Coe, Unit Chief for the Sacramento District will be available by phone April 17 to answer questions ( 916) 551-2273 . The Corps indicated that if debris had remained in the river, the landowner would have been in violation of Section 13 of the Rivers & Harbors Act. Work in or on the water side of a levee requires a permit under Section 10 of the Rivers and Harbors Act, and Section 404 of the Clean Water Act. Fill Activities on the land side of levees require a permit only when wetlands are involved under Section 404. Numerous discussions with Corps members Art Champ, Tom Coe, Lou Caldwell and Greg Rayner indicate their research shows the current situation poses no violations of Corps regulations, as work to the water side of the levee had previously been completed and current work was on the land side and top of the levee. Some flexibility is allowed regarding permits for reclamation district work on levee stabilization. If a violation had occured under the Rivers and Harbors Act, the Corps enforcement activities would have to occur through the court system. The Corps had reviewed the situation and are in frequent contact with Reclamation District 2090 which is familiar with permit requirements. The County Building Inspection Department is currently investigating whether a permit may have been required for grading operations. A permit is required if over 200 cubic yards is moved, or if 3 feet or more is filled. Gordon Whisler, Chief Grading Engineer, is investigating the degree of grading completed at this site. The District Attorney' s office has also looked into the situation at Quimby Island, and has found no evidence of criminal violation. As a result, they have determined this situation is not within their jurisdiction at this time.