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HomeMy WebLinkAboutMINUTES - 05041993 - H.3 PART 2 i FINAL ENVIRONMENTAL IMPACT REPORT (RESPONSE TO COMMENTS) CYPRESS LAKES AND COUNTRY CLUB PROJECT i County of Contra Costa, California nn _ m'Ic cour� SCH # 92023048 IMARCH 1993 ADDENDUM To The FINAL ENVIRONMENTAL IMPACT REPORT For The CYPRESS LAKES AND COUNTRY CLUB PROJECT March 1993 SCH # 92023048 Prepared For: CONTRA COSTA COUNTY Prepared By: PUBLIC AFFAIRS MANAGEMENT 101 The Ernbarcadero, Suite 210 San Francisco, California 94105 1. INTRODUCTION The County of Contra Costa has prepared a Final Environmental Impact Report (FEIR) for the Cypress Lakes and Country Club Project (State Clearinghouse. comment letter in response to the Draft Wa #92023048). However, one con! s not included in the FEIR. This letter was prepared by the Bay Area Air Quality Management District (BAAQMD) and was not received by the County. However, this letter was read into the public record at the February 8, 1993 public hearing before the East County Regional Planning Commission by Mr. Fred Davis (see pages 4-354 and 4-355 of the FEIR) and responded to in responses H-36 through H-38 at pages 4-368 and 4-369 of the FEIR. The BAAQMD brought to the County's attention the omission of their letter and subsequently resubmitted it to the County. This additional letter is the subject of this Addendum to the FEIR. When an Environmental Impact Report has already been prepared, the California Environmental Quality Act (CEQA) Guidelines identify several possible options for addressing new information or changes to a project or EIR. These options include either a "Subsequent", "Supplement" or "Addendum" to an EIR. Subsequent EIR Section 15162 of the CEQA Guidelines indicates that after an EIR has been prepared, a Subsequent EIR is only required when 1) substantial changes are proposed in the project which will require revisions to the EIR due to new significant impacts not considered; or 2) substantial changes have occurred with respect to the circumstances under which the project is undertaken; or 3) new information of substantial importance becomes available. If these circumstances apply, a Subsequent EIR should be prepared. Supplement to an EIR Section 15163 of the CEQA Guidelines addresses the options for Supplemental EIR's. The Lead Agency may choose to prepare a Supplement to an EIR rather than a Subsequent EIR if any of the conditions described in Section 15162 would require a Subsequent EIR and if only minor additions or changes are necessary to make the ,previous EIR adequate. Addendum to an EIR Section 15164 of the CEQA Guidelines discusses the conditions under Which an Addendum to a previously prepared EIR is appropriate. The Lead Agency should prepare an Addendum to an EIR-if:J)-none of the conditions in Section 15162 calling for a Subsequent EIR have occurred; 2) only minor technical changes or additions are necessary to make the EIR under consideration adequate under CEQA; and 3) the changes to the EIR made by the Addendum do not raise important new issues about the significant effects on the,environment. Unlike Subsequent or Supplemental EIR's, an Addendum does not need to be formally recirculated for public comment pursuant to CEQA procedures. However, the Addendum is made' part of the public record for the proposed project. The County of Contra Costa has. determined that an Addendum to the FEIR for the Cypress Lakes and Country Club- Project, pursuant to CEQA Section 15164, is the appropriate document to address the addition of the BAAQMD's letter to the FEIR. This determination is based on the following reasons: 1) the letter does not necessitate substantial changes in the project which would require revisions to the EIR; 2) the letter does not create substantial changes to the circumstances of the project; 3) the letter does not constitute new information; 4) the letter constitutes only minor technical changes; and, 5) the letter does not raise new issues because the letter was read into the public record before the East County Regional Planning Commission on February 8, 1993 and responded to in the FOR. The BAAQMD's letter is attached along with the responses to it. The responses to this letter are substantially the same as presented in the FEIR at pages 4- 368 and 4-369. Response 2 includes an additional analysis regarding the project's consistency with policy 3-27 of the Contra Costa County General Plan. 2 BAY' AREA- A IR MANAGEME" "NT D ALAMEDA COUNTY Eowara R.Camooeu ea„acef February 1, 1993 Franx H.Ogawa CONTRA COSTA COUNTY Paul L Cooper Sunne Wnant Mr. Authur Beresford Tom Powers ern ' Contra Costa County Al Aram ` MAmouruCOUNTYCommunity Development Department 651 Pine Street, North Wing - Fourth Floor NAPA l Batty a Martinez, CA.94553-0095 (Secretaryl SAN FRANCISCO COUNTY Dear Mr. Beresford: Rooerm Achtenoerg Harry G.Britt We have reviewed the Draft Environmental Impact Report (DEIR)for SAN MATEO COUNTY the Cypress Lakes and Country Club project proposed for Northeastern Contra Anna Eshoo (Chairperson i Costa Countv. The DEIR assesses the potential impact to the environment of Janet Fogarty rezoning 685.9 acres from General and Heavy Agricultural District to Planned SANTA CLARA COUNTY Unit District, and for the construction of approximately 1,330 single family Maroe Bruno residential units, along with a golf course, school site, fire station, and lake. Rod Dinoon Joe Hea° Dianne McKenna As discussed in Section 3.3 of the DEIR, the project would result in a SOLANO COUNTY significant adverse impact on regional emissions, specifically reactive organic Osby Davis gases and oxides of nitrogen (precursors of ozone). The implementation of SONOMA COUNTY mitigation measures discussed in Section 3.3 has the potential to reduce project 1 Jim mc a be sons impacts on regional air quality by approximately 10 percent. However, the (Pamc havpigoss emissions impact would remain significant and affect both the San Joaquin Valley Air Basin and the Bay Area Air Basin. We are also concerned that this project may not be consistent with the land use goals of the Contra Costa County General Plan (Plan). Goal 3-25 of the Land Use Element of the Plan states that new residential development shall be accommodated only in areas where it will avoid creating severe adverse impacts on the environment and upon the existing community. It is unclear how this project is consistent with that land use goal. The project also seems to be inconsistent with Land Use Goals 3-A and 3-2. Goal 3-A calls for the 2 protection of agriculture and open space. Goal 3-2 states that jobs infill shall be supported and stimulated where jobs/housing ratio shows an overabundance of housing to jobs. The Final Environmental Impact Report (FEIR) should address consistency of the proposed project with the Plan, including the specific goals cited above, and, especially the air quality impacts of any inconsistencies that may result. As mentioned in Section 3.3 of the DEIR, emission reductions can be expected through complying with the County's Transportation Demand - Management Program, providing pedestrian/bicycle paths linldng recreational 3 and residential uses, and providing transit stops along major thoroughfares. We strongly recommend that the developers be required to provide a long-term commitment to public transportation (and the necessary densities to support such infrastructure), and pedestrian/transit/bicycle oriented mixed-land-use development, to achieve further emission reductions. 3 939 ELLIS STREET - SAN FRANCISCO. CALIFORNIA 94109 9 (415) 771-6000 - FAX (415) 928-8560 Mr. Authur Beresford Page 2 February 1, 1993 , Additional examples of mitigation measures for this project might include: substantial public transportation service between the development area 3 and significant destinations, employee shuttles to major work sites, the requirement for use of clean fuel transit buses (CNG, methanol,.electric) where possible, and establishing carpool and vanpool programs. We appreciate the opportunity to comment on this project. If you have any questions or comments, please contact Mr. John Walser, Environmental Planner, at (415) 749-4662. Sincerely, ton Feldstein Air Pollution Control Officer MF:JEW:pc CC: Mr. Fred Davis 4 Response to Bay Area Air Quality Management District letter, dated February 1, 1993 Response 1: Comments noted. The commentor restates the findings of the EIR that the project would result in an unavoidable impact on regional air quality. No additional response is necessary. Response 2: The Land Use Element of the General Plan does not contain a goal numbered 3-25. In addition, none of the goals listed in the Land Use Element refer to development only in areas where it will avoid creating severe adverse impacts on the environment. Policy 3-25 addresses the rehabilitation of existing dwelling units. The commentor may be referring to policy 3-27 of the General Plan which states the following: "New residential development shall be accommodated only in areas where it will avoid creating severe unmitigated adverse impacts upon the environment and upon the existing community" With respect to the proposed project, the EIR identifies four unavoidable impacts (see DEIR at p. 5-1 and the FEIR at p. 2-10 and 2-11). While these impacts would be unavoidable, they would not be considered "severe". For example, air quality impacts of the project would be regional in nature for two of the four pollutants (NOx and ROG). These pollutants would be reduced to some extent by implementation of mitigation measures to reduce automobile traffic through requirements for a TDM Program to promote transit, car pool and van pool uses; provisions of transit stops in and around the project site; and provision of pedestrian and bicycle trails (mitigation measures 3.2-6, 3.2-7, 3.2-11, and 3.2-12). Noise impacts would be associated with the construction period only and would only affect residents on Sandmound Boulevard and the existing residents on the project site. Therefore, construction period noise impacts would be short-term impacts. In addition, mitigation measures are proposed to reduce this impact (mitigation measure 3.6-2). Dust is no longer considered an unavoidable impact with implementation of the new mitigation measures 3.3-3 and 3.3-4 at pages 2-10 and 2-11 of the FEIR. The project's visual impact is characterized as unavoidable but this impact is subjective and would not be considered as severe. In addition, mitigation measures, such as landscaping and residential design criteria, are proposed to-reduce the visual impacts: of the project (mitigation measures 3.5-1 through 3.5-8). The project's impact on East County's jobs/housing balance would be unavoidable. However, this is an existing problem for, East County and the County General Plan designation for the project site does not allow substantial job oriented (commercial, industrial, retail) development in the Hotchkiss Tract area. This impact is expected to be short-term until other job oriented uses are developed as planned for in the Cypress Corridor, Cowell Ranch, and Brentwood. In an effort to reduce this impact, the project applicant would market a portion of the project to seniors and retired persons (mitigation-Measure 3.1- 2 Goal 3-A states the following: "To coordinate land use with circulation, development of other infrastructure facilities, and protection of agricultural and open space, and to allow growth and the maintenance of the County's quality of life, In such an environment all residential, commercial, industrial, recreational and agricultural activities may take place in. safety, harmony, and to mutual advantage." The project appears to be consistent with this goal in that adequate infrastructure facilities are either currently available, or have been identified as specific mitigation measures to be implemented as part of the project in order to serve new residents on the project site. The project also provides for the protection of agricultural and open.space areas in that the project site is located within the County's Urban Limit Line. Areas within the Urban Limit Line are identified as those areas of the County upon which development could take place. Areas outside the Urban Limit Line are identified as those'areas which should be protected for agricultural and open space purposes. In addition, the project would be required to pay a Protection Fee to mitigate the incremental loss of agricultural/open space land. (see mitigation measure 3.1-3. p. 2-4 of the FEIR) Policy 3-2 pertains to encouraging jobs development in areas where the jobs/housing ratio shows an overabundance of housing to jobs. The Bethel Island Area does show an overabundance of housing to jobs. However, the existing General Plan designations for the project site and surrounding areas (Off-Island Bonus Area) do not provide for significant job development in this area. The proposed project is consistent with the policies and requirements of the Off-Island Bonus Area. Response 3: The DEIR on p. 3-185 discusses the proposed project's consistency with the bicycle and pedestrian trails plans of the Contra Costa County General Plan. Mitigatiori Measure 3.2-6, p. 2-7 of the FEIR addresses the need for transit service to the Hotchkiss Tract and Bethel Island area when a significant amount of development has been built. This is expected to-occur when about 1,000 homes have been completed. in thellarea. The provision of transit service to the area Will be the responsibility=of TriDelta Transit. With respect the mix of uses on the project site, the proposed project includes a mix of recreational and residential uses with pedestrian 6 t, and bicycle linkages within the development to reduce automobile use from one part of the site to the other. Information regarding car pool and van pools would be required to be distributed to project residents as part of the County's TDM Program which is specifically identified in mitigation measure 3.2-7, at.p. 2-7 of the FEIR. F 1 7 5. CONCLUSION The addition of the letter from the BAAQMD to the FEIR does not raise any new significant environmental issues that were not addressed in the FEIR_. Therefore, this minor addition to the FEIR does riot change the findings of the Final Environmental Impact Report for the Cypress Lakes and Country Club Project. Because the minor addition to the FEIR will not raise any new environmental issues, an Addendum to the FEIR for the Cypress Lakes and Country Club Project, pursuant to Section 15164 of the CEQA Guidelines, is considered appropriate. 8 FINAL ENVIRONMENTAL IMPACT REPORT (RESPONSE TO COMMENTS) FOR THE CYPRESS LAKES AND COUNTRY CLUB PROJECT SCH # 92023048 March 1993 PREPARED FOR CONTRA COSTA COUNTY PREPARED BY PUBLIC AFFAIRS MANAGEMENT 101 THE EMBARCADERO, SUITE 210 SAN FRANCISCO, CA, 94105 TABLE OF CONTENTS SECTION PAGE 1. INTRODUCTION 1-1 ' 2. REVISED SUMMARY 2.1 Introduction 2-1 2.2 Project Description 2-1 2.3 Project Impacts and Mitigation Measures 2-2 2.4 Alternatives Evaluated 2-3 2.5 Issues of Community Interest 2-3 3. _ REVISED PROJECT DESCRIPTION AND BACKGROUND 3.1 Introduction 3-1 3.2 Project Location and Existing Setting 3-1 3.3 Project Characteristics 3-4 3.4 Proposed Mitigation 3-8 3.5 Project Relationship to Relevant Plans 3-10 3.6 Discretionary and Other Agency Approvals Required 3-11 4. PUBLIC COMMENTS/RESPONSES TO COMMENTS ON THE DRAFT EIR 4.1 Federal Agencies 4-3 A Department of the Army, January 27, 1993 4-4 4.2 State Agencies 4-6 B California Department of Conservation, February 16, 1993 4-7 C California Department of Fish and Game, February 3, 1993 4-22 D California Department of Transportation, January 11, 1993 4-27 E State Lands Commission, February 16, 1993 4-33 4.3 Local Agencies 4-41 F Contra Costa County Local Agency Formation Commission, February 10, 1993 4-42 G Contra Costa County Sheriff-Coroner, January 6, 1993 4-46 H Contra Costa County Sheriff-Coroner, January 25, 1993 4-48 I Land Planning Consultants, January 28, 1993 4-50 1 J Reclamation District 799, February 11, 1993 4-53 i TABLE OF CONTENTS, Cont. i SECTION PAGE 4.4 Groups and Individuals 4-59 K Guy and Katie All, February 10, 1993 4-60 L Alexander Buller, February 1, 1993 4-65 M Carol Coleman, February 11, 1993 4-78 N Bob Dal Porto, February 9, 1993 4-82 O C. Elaine Dannelley, February 10, 1993 4-85 P C. Elaine Dannelley, February 12, 1993 4-92 Q Fred Davis, February 9, 1993 4-108 R Dickson & Ross, February 16, 1993 4-116 S Darrell Edwards, February 12, 1993 4-135 T Vera Fatook and George Garcia, February 12 and 16, 1993 4-150 U Gagen, McCoy, McMahon & Armstrong, February 16, 1993 4-156 V David Gold and Robert Henn, February 1, 1993 4-222 W Leigh Jordan, January 15, 1993 4-232 X KLH - Bryan & Murphy, Inc., February 5, 1993 4-234 Y Barbara La Fargue, February 16, 1993 4-237 Z Diane Maybee, received February 17, 1993 4-240 AA Montague & Cochrane, February 11, 1993 4-264 BB Manuel and Cecelia Peixoto, January 30, 1993 4-271 CC Mary Reeves, January 12, 1993 4-274 DD Mrs. William Sherwood, February 9, 1993 4-277 EE Diane Shipway, January 20, 1993 4-281 FF Linda Wadsworth, February 2, 1993 4-293 4.5 Public Hearings 4-295 GG East County Regional Planning Commission Hearing, February 1, 1993 4-296 HH East County Regional Planning Commission Continuation Hearing, February 8, 1993 4-338 5. ERRATA AND CLARIFICATIONS 5-1 APPENDICES Appendix A: CALINE-4 Input and Output Files Appendix B: Preliminary Environmental Assessment Appendix C: Applicant's Letter to Reclamation District 799 ii LIST OF TABLES 1 TITLE PAGE Table 2-1 Summary of Project Impacts and Mitigation Measures 2-4 Table 3-1 Summary of Proposed Land Uses 3-6 Cypress Lakes trip Distribution (Using higher trip generation rates) 4-30 Volume/Capacity Ratios and Level of Service - Comparison of Existing and Future Conditions 4-31 Water Distribution 4-127 State regulations that limit field strengths on transmission line rights-of-way 4-130 j 1 LIST OF FIGURES TITLE PAGE Figure 3-1 Regional Location 3-2 Figure 3-2 Project Site and Vicinity 3-3 Figure 3-3 Project Layout 3-5 Figure 3-4 Project Circulation 3-7 Urban Limit Line (Contra Costa County) 4-19 Location of Williamson Act Contract Lands in the Project Vicinity 4-20 iv 1. INTRODUCTION This Final Environmental Impact Report(Final EIR)responds to all written comments and verbal testimony submitted on the Draft EIR (DEIR) for the Cypress Lakes and Country Club Project during the public review period. The 45-day public review period began December 31, 1992 and officially ended on February 16, 1993. During the public review period, the East County Regional Planning Commission held a public hearing (February 1, 1993) and a continuation hearing (February 8, 1993) to receive comments on the DEIR and the proposed project. The public hearings were held at the Antioch City Council Chambers in the City of Antioch. Written comments on the DEIR were accepted throughout the public review period. The Final EIR has been organized as follows: Chapter 2 contains a revised Summary of the Project Description, Project Impacts and Mitigation Measures, Alternatives Evaluated, and Issues of Community Interest, and includes any changes made as a result of comments on the DEIR. This Revised Summary supersedes and replaces the Summary contained in the DEIR. 1 Chapter 3 contains a revised Project Description and includes any changes made as a P J result of comments on the DEIR. This Revised Project Description supersedes and replaces the Project Description contained in the DEIR. 1 Chapter 4 contains written comments and verbal testimony received regarding the DEIR, as well as responses to these comments. Comment letters are grouped into five categories: (1) Federal Agencies, (2) State Agencies, (3) Local Agencies, (4) Groups and Individuals, and (5) Public Hearings. Each comment letter is presented with the response to that letter directly following. Any changes to the text of the DEIR in response to comment is shown in the response to the comment and supersedes and replaces the text in the DEIR. Chapter 5 includes errata and clarifications on the DEIR. The information contained in this document, together with the DEIR, constitute the Final EIR for the Cypress Lakes and Country Club Project. This documentation provides the necessary information as required under the California Environmental Quality Act (CEQA) Guidelines, Sections 15090 and 15132, for Contra Costa County (the Lead Agency) to consider certification of the Final EIR. 1-1 ' 2. REVISED SUMMARY 2.1 Introduction An initial study was prepared on the proposed project that was submitted prior to ' February 6, 1992 (date of the NOP). A Draft Environmental Impact Report for the Cypress Lakes and Country Club project was made available for public review and comment on August 13, 1992. The East County Planning Commission held Public Hearings on the Draft EIR on August 31 and September 21, 1992. The comment period for the Draft EIR closed on September 28, 1992. Numerous comments were received from local residents, agencies and interested parties. The comments raised important issues to be addressed. To respond to these issues, the project applicant decided to revise the project application to provide additional information regarding the project design and mitigation features. Additional technical analyses were also conducted in the areas of geology and soils and hydrology in response to public comments. The County has determined that incorporation of the new information regarding the rp project application and additional technical analyses constitute significant changes to the Draft EIR. Therefore, the County has prepared this Second Draft EIR to allow public review and comment regarding the new information provided. 2.2 Project Description The Cypress Lakes and Country Club project site is located in the Sacramento-San Joaquin Delta area of unincorporated north-eastern Contra Costa County approximately 2.7 miles east of the Town of Oakley. The project site is located in the "off-island" portion of the Bethel Island Area, commonly known as the Hotchkiss Tract. The project site is located at the junction of Cypress Road and Bethel Island Road, and is generally bordered by Bethel Island Road on the west, Sandmound Boulevard on the north and east and agricultural uses on the south. The existing use of the site is agricultural (cattle grazing) and consists of several fenced pasture areas, with irrigation and drainage canals crossing the property in various locations. A 1 few homes and agricultural structures are located on the project site. These structures are primarily located along the unimproved portion of Cypress east of Bethel Island Road. The Cypress Lakes and Country Club project would be constructed on approximately 685.9 acres consisting of existing parcels of land. The project would consist of 1,330 single- family residential units. In addition, the project would include a 18-hole golf course with amenities, a swim and tennis club, a man-made lake and channels, a day care facility, parks, a potential school site, and a fire station. ' The proposed residential development would be on lots ranging in size from approximately 5,000 square feet to 10,000 square feet. The overall residential lot density is approximately 5.40 units per acre (1,330 units on 246 acres). The overall density of the project is 1.94 units per acre (1,330 units on 685.9 acres). 2-1 Residential development on the southern portion of the site (south of Cypress Road) i would be oriented toward the man-made lake to provide a lake-front living environment. A swim and tennis club would also be developed in this area to provide recreational opportunities for project and area residents. In addition, a day care center, park, fire station and potential school site would be located in this portion of the project site. The residential development north of Cypress Road would include a 18-hole golf course interwoven among the various neighborhoods. A clubhouse, driving range and storage maintenance facility would also be located in this area as well as several water channels. The proposed project has been designed to reduce certain impacts. The primary mitigation measures incorporated into the project's design include: • Internal Levee system around the project to remove the project site from the 100-year flood hazard zone • Storm drainage improvements including on-site detention facilities • Water quality management plan • Wetland mitigation plan • Ground subsidence monitoring plan • Landscape plans • Channel enhancement plan • Energy conservation guidelines • Provision of a school site • Provision of a fire station site and facility • Preservation of cultural resources • Provision of parks and recreational amenities • Payment of affordable housing fees • Payment of homeless fees 2.3 Project Impacts and Mitigation Measures The evaluation conducted for this report included an examination of the environmental impacts associated with the Cypress Lakes and Country Club project and those measures that could reduce the identified impacts to insignificant levels. The project impacts and corresponding mitigation measures are summarized in Table 2-1. Additions to the impacts and mitigation measures in response to comments received on the DEIR are shown in bold and italics. Deletions are shown as stmesk through-. The significance of each impact'is noted along with the required or recommended mitigation measures. The significance of each impact with and without implementation of mitigation proposals is also noted. The following impact categories are used in Table 2-1: (B) beneficial impact; (NS) not significant impact; (PS) potentially or possibly significant impact (an impact which cannot be precisely assessed at this time) and (S) significant adverse impact. 2-2 2.4 Alternatives Evaluated Chapter 4 of the EIR describes and evaluates six alternatives to the proposed project. These alternatives include: • No Project Alternative • Ranchette Alternative • Maximum Density Alternative • Low Density Alternative • Commercial Alternative • Off-Site Alternative The analysis of alternatives evaluates how each alternative would either avoid, reduce, or in some cases worsen, potential impacts when compared to the proposed project. This tcomparison between the project and the alternatives allows the public and decision makers to clearly understand comparative merits of the alternatives. This approach to the analysis of alternatives to the project is consistent with the CEQA Guidelines Section 15126(d). 1 2.5 Issues of Community Interest s v Several issues of community interest were identified during the public review period for the first Draft EIR, these include: improvement of the existing RD-799 levee system, construction of an internal levee system and the potential channelizing of floodwaters along Sandmound Boulevard in the event of levee failure or overtopping, potential ground subsidence due to groundwater extraction and construction of project lakes, impacts to the visual character of Hotchkiss Tract, increased traffic and related noise and air quality impacts, impacts to plant and animal life, increased storm water runoff and impacts on local schools. 1 1 2-3 r r TABLE 2-1 , SUMMARY OF PROJECT IMPACTS AND MITIGATION MEASURES (Note: impacts are in summary form only; please refer to specific topic headings for details.) IMPACT MITIGATION MEASURES PROPOSED (Significance) TO REDUCE SIGNIFICANT IMPACTS (Mitigation Number In Text; Significance Of Impact After Mitigation) 3.1 LAND USE, PLANNING AND PUBLIC POLICY a. The project would add 1,330 dwelling units to the The project will pay a in-lieu affordable housing fee r existing housing stock in price ranges between equal to $3,333 per residential unit. This fee should $175,000 to $400,000. The number of new units is be paid at the time of issuance of building permits for below the 2,909 new units allowed by the General the project. As an alternative to the fees, the project Plan. The project is consistent with the General Plan applicant may construct a portion or all of the policy that development projects should be at or near affordable housing units on-site. If this alternative density maximums to provide as much housing as mitigation is selected, the location and design of the possible. The project would contribute in-lieu fees affordable housing units should be submitted to the for affordable housing of $3,333 per dwelling unit County for review and approval prior to filing a final constructed, and in-lieu fees for the County's subdivision map. (3.1-1; B) homeless fund. The project applicant may consider providing all,or a portion,of the project's affordable housing requirement on-site by designating and constructing affordable units as part of the project. (B) b. Because the proposed project is predominately The project marketing should be oriented toward residential, the project would result in a short-term seniors and retired people to reduce commute traffic unavoidable impact on East County's existing from the project. The project's impact on East Jobs/Housing imbalance. (S) County's Jobs/Housing imbalance would still remain an unavoidable short-term impact. (3.1-2; S) c. The project would be required to pay the County's Protection Fee shall be paid for each residential unit ' Protection Fee as well as in-lieu contribution to the within the project to acquire development rights on County Homeless Trust Fund. (B) agricultural land (and open space or wetlands areas) or to provide financing for farmers to continue agricultural production. The fee shall be determined by the County and paid upon the issuance of building permits for the project. (3.1-3) The project will pay an in-lieu contribution to the County Homeless Trust Fund. The amount of the contribution will be determined by the County and paid,pro-rata, upon the issuance of building permits. (3.1-4; B) r 2-4 r r TABLE 2-1 (continued) SUMMARY OF PROJECT IMPACTS AND MITIGATION MEASURES 1 IMPACT MITIGATION MEASURES PROPOSED (Significance) TO REDUCE SIGNIFICANT IMPACTS (Mitigation Number In Text; Significance Of Impact After Mitigation) d. The proposed project layout would conflict with The project site plan shall be revised to clearly an existing private easement from the Dannelley depict the existing easement from the Dannelley property to Cypress Road. (PS) property to Cypress Road. This easement shall be maintained in its existing location unless otherwise agreed to by the property owner and the County. (3.1-5; NS) 3.2 TRANSPORTATION/CIRCULATION a. The addition of project traffic to the street network Road Improvements at Project Entrance-Construct a would substantially change traffic volumes on Cypress new intersection at Cypress Road and Bethel Island Road between the project and Highway 4. Beyond Road, and on the approaches to this intersection. this location, traffic from the project would be more Widening should extend 1,000 feet in each direction. dispersed,but would still have a significant impact on To properly accommodate the proposed project traffic Highway 4 between Oakley and the State Route 4/160 as well as future traffic from other parts of the freeway. The traffic analysis assumed that portions of Specific Plan area, the intersection will have the lane Cypress Road would be widened. All other requirements shown on Figure 3.2-13. The south- intersections were calculated for capacity conditions bound approach will be widened with one more lane. without any additional roadway mitigation measures. This intersection shall be designed so that it can During the AM peak hour, all intersections would ultimately be consistent with a future extension to operate at a satisfactory LOS with the existing plus Byron Highway south of the intersection. Cypress project condition. PM peak hour traffic will also Road will cross the levee just east of the entrance to operate at satisfactory traffic conditions,assuming that the project. The vertical curvature of Cypress Lakes partial improvements are constructed on Cypress Road where it crosses the levee shall be submitted Road. One other intersection would be critically prior to final map approval. A 45 mph design speed impacted. At Neroly Road and Highway 4 (Main would be desirable. This project would include the Street), traffic conditions would change from LOS installation of traffic signals that would be put into "D" to LOS "E"., Mitigations are planned for this operation at the time that volumes meet Caltrans intersection as a part of the ONBAG Program, traffic warrants. This is estimated to occur when the including widening the northbound approach to project has about 500 units completed and occupied. provide two left turn lanes. This improvement would (Note: this improvement could impact cultural restore the intersection LOS to "D. The project will resources) (3.2-1) add significant traffic volumes to the roads in the immediate vicinity of the project. As a direct result Bethel Island Road and Sandmound Boulevard - of the project, Cypress Road will exceed capacity. Bethel Island Road is planned to ultimately become a These roads will require reconstruction and widening four-lane divided roadway between Cypress Road and at the time of project construction. (PS) the Bethel Island Bridge. This widening is not necessary as a result of the project, but there are interim improvements that should be accomplished. At Sandmound Boulevard, the intersection should be improved and widened, and left turn lanes should be 2-5 r TABLE 2-1 (continued) SUMMARY OF PROJECT IMPACTS AND MITIGATION MEASURES IMPACT MITIGATION MEASURES PROPOSED (Significance) TO REDUCE SIGNIFICANT IMPACTS (Mitigation Number In Text; Significance Of Impact After Mitigation) constructed. Sandmound Boulevard should be realigned to a right-angle intersection at Bethel Island Road. This project would also include the installation of traffic signals that would be put into operation at the time that volumes meet Caltrans traffic warrants. This is not estimated to occur as a result of the project itself, but would be needed as a result of development being completed on Bethel Island. Sandmound Boulevard should be improved along the northern boundary of the project. (3.2-2) Cypress Road Widening Complete the implementation of the Cypress Road widening from Machado Lane to east of Knightsen Road. This roadway improvement should be in place before 1000 units are occupied at Cypress Lakes.It would include the installation of traffic signals at Sellers Road and Knightsen Road that would be put into operation at the time that volumes meet Caltrans traffic warrants. The widening of Cypress Road between Knightsen Avenue and Bethel Island Road should occur before occupancy of the Lesher Landing project or any other project that adds over 25 units in this part of the Bethel Island Area. (3.2-3) , Sandmound Boulevard Improvement- This project would reconstruct Sandmound Boulevard from Bethel Island Road along the north border of the project and along the project's easterly frontage on Sandmound Boulevard. The remaining improvements would be done in conjunction with other developments along Sandmound Boulevard. Read along the neah bofde* of the pfejeral, The shouldbeBene in with other , developments along Sand-m-e-iLd-R—e-ule (3.2-4) 2-6 r TABLE 2-1 (continued) SUMMARY OF PROJECT IMPACTS AND MITIGATION MEASURES 1 IMPACT MITIGATION MEASURES PROPOSED (Significance) TO REDUCE SIGNIFICANT IMPACTS (Mitigation Number In Text; ' Significance Of Impact After Mitigation) Conformance with Measure C - The Cypress Lakes project would satisfy the requirements of Measure C by constructing the roadway improvements listed in Table 3.2-6(A). The project may also be required to pay a regional traffic fee for Measure "C" projects. This fee has not been established and is currently being evaluated by TRANSPLAN and the CCTA.The payment of these fees will help to mitigate the regional traffic impacts of this project. E..".(-3-.2-5;NS) rb. The 1,330 houses proposed would generate 10,287 Bus Transit Service-While there is no current transit vehicle trip ends per day, including 730 trips during in the area, it can be expected that daily bus transit the AM peak hour and 1,036 trips during the PM service, provided by Tri-Delta Transit, would be peak hour. Trip generation for the various other provided to the Hotchkiss Tract and Bethel Island project components, including the golf course and Area when a significant amount of the development clubhouse, were estimated based on previous studies in the area has been built and occupied. The situation of similar facilities. (PS) should be monitored, and transit service should probably be started when about 1,000 homes have been completed in the area. This bus route could be an extension of Routes 383 and/or 384 and would follow Cypress Road and Bethel Island Road to a terminal stop on Bethel Island. (3.2-6) ' Participate in County TDM Program - The project would be required to comply with the County residential TDM Ordinance, the County Growth 1 Management Program,and the Bay Area Air Quality District regulations regarding transportation. TDM requirements of the County include the preparation and distribution of a TDM information program that could include the provision of maps showing available transit routes, and information on ridesharing and vanpool services to prospective home buyers. These ' types of measures can be expected to have only a relatively small impact on reducing peak hour trips. Other studies have shown that TDM actions applied to a residential development can reduce the number of ' single occupant auto trips by 3-5 percent during the commute peak hours. (3.2-7; NS) 2-7 r TABLE 2-1 (continued) SUMMARY OF PROJECT IMPACTS AND MITIGATION MEASURES IMPACT MITIGATION MEASURES PROPOSED (Significance) TO REDUCE SIGNIFICANT IMPACTS (Mitigation Number In Text; Significance Of Impact After Mitigation) c. The internal circulation system of the project Design level plans for the project entrance on should be modified to provide improved circulation Sandmound Boulevard should be prepared and and conformance with future development in the submitted to County Public Works Department for Bethel Island Area (PS) review and approval prior to approval of the first phased subdivision map. The design level plans should provide for:adequate transition from the levee cross-section to grade at Sandmound Boulevard; adequate stopping distance;and adequate corner sight distance. (3.2-8) Provide a right-of-way for a future roadway connection to the property south of Cypress Lakes, and construct the road up to the edge of the levee. This property could develop into a residential neighborhood,and should desirably be connected into Cypress Lakes at some time in the future, especially for school trips and other internal recreational trips. However, such a roadway connection should not be the only access to this new area, and should be provided only after Bethel Island Road is extended south across Rock Slough. This road should be treated as a secondary connection,so that it will limit the amount of through traffic that would travel through the Cypress Lakes development. (3.2-9) , Provide a road extension of Cypress Road through the project to connect to Sandmound Boulevard. Certain ' residents on Sandmound Boulevard have protested this connection for the reason that they expect traffic from Cypress Lakes to impact their quiet residential streets. This connection would allow for more convenient access for existing residents, providing a connection to the future school site, and easy access to Cypress Road through the project. (3.2-10; NS) d. There are few bicycle pathways in the Bethel Provide a major bicycle path within the project on Island area. The existing width of Cypress Road is Cypress Road between Bethel Island Road and approximately 24 feet with no sidewalks or other Sandmound Boulevard, and on Cypress Lakes Drive provisions for pedestrians. Other streets in the study through the project. This pathway should be designed have similar cross-sections. The project will increase to County standards. (3.2-11) pedestrian and bicycle tmffic.(PS) 2-8 ' TABLE 2-1 (continued) SUMMARY OF PROJECT IMPACTS AND MITIGATION MEASURES IMPACT MITIGATION MEASURES PROPOSED (Significance) TO REDUCE SIGNIFICANT IMPACTS (Mitigation Number In Text; ' Significance Of Impact After Mitigation) ' At such time as other roadway improvements are completed,complete other bicycle paths as required. This would include a pathway along Bethel Island Road on the west boundary of the project,a pathway along Rock Slough on the southern boundary of the project, a path along the Byron Highway Extension, and a pathway along Sandmound Boulevard on the north and east boundaries of the project. (3.2-12;NS) e. Traffic generated by Cypress Lakes will contribute Intersection of Neroly Road and SR 4 (Main St.) - to cumulative traffic, and the project would be Widen the northbound approach to provide a double required to help mitigate these impacts by paying the left turn from Neroly to SR 4. This will improve the Subregional Road Fee. Most of the traffic impacts of V/C ratio from 0.93 ("E") to 0.81 ("D"). This will the short-term cumulative traffic can be mitigated to reduce this impact to a less than significant level.The an insignificant level. However, there are two Project traffic will amount to about 10 percent of the exceptions. The following mitigation measures traffic growth that is projected at this intersection. 1 should be addressed by the Cypress Lakes project if The project applicant should pay a fair-share the Delta Expressway is not implemented, and if the contribution equal to 10% of the cost of the problem is not mitigated by other sources.(PS) improvement. (3.2-14) Intersection of Cypress Road and SR 4 - Widen the southbound approach to provide a double left turn lane for traffic from SR 4 to Cypress Road, and widen Cypress Road on the east leg of the intersection. This will improve the V/C ratio from 0.87 ("E") to 0.79 ("C"), and will reduce this impact to a less than significant level. The need for this improvement will depend entirely on the pace of development and the timing of the construction of the Delta Expressway. If the Cypress Corridor development moves quickly to implementation,prior to the completion of the Delta Expressway, this mitigation will be required. The need for this ' improvement will be reduced if the Laurel extension is completed, and the Laurel Avenue connection to the Delta Expressway is completed. Traffic from the Cypress Lakes project will amount to about 25 percent of the traffic growth that is projected at this location. The applicant should be required to pay a fair share fee equal to about 25% of the cost of this improvement. (3.2-15) 2-9 i TABLE 2-1 (continued) SUMMARY OF PROJECT IMPACTS AND MITIGATION MEASURES IMPACT MITIGATION MEASURES PROPOSED (Significance) TO REDUCE SIGNIFICANT IMPACTS (Mitigation Number In Text; Significance Of Impact , After Mitigation) Traffic generated by the Cypress Lakes project will , contribute to long-term cumulative traffic. In particular, the Cypress Lakes Project will have a cumulative impact on SR 4 in the freeway section between Bailey Road and Highway 160, and on the arterial section between Highway 160 and Cypress Road. The Cypress Lakes project will assist in mitigating these impacts by paying the subregional road fee. As a result, most of the traffic impacts of the long-term cumulative traffic appear to be mitigated to an insignificant level. (3.2-16; NS) f. Construction of the proposed project would result Contra Costa County has standard restrictions on in additional truck traffic on Cypress Road and SR4. construction activities regarding hours of operation, (PS) noise and dust control. Additional mitigations could include restrictions on heavy trucks from SR 4 during the commute peak hours. The project could normally be required to assist in maintenance of roads that could be damaged by heavy trucks. Since the major access route, Cypress Road, would be partially reconstructed by the project, this type of project , condition may not be necessary. (3.2-13; NS) 3.3 AIR QUALITY a. Construction air quality impacts would be due to The dust. control measures proposed as part of the dust generated by equipment and vehicles. Fugitive project plans should be made conditions of the project ' dust is emitted both during construction activity and approval. (3.3-1) as a result of wind erosion over exposed earth surfaces. Clearing and grading activities comprise the In addition to the dust control measure proposed by major source of construction dust emissions, but the project,all construction vehicles should be limited traffic and general disturbance of the soil also to 15 miles per hour while on the project site. The generate significant dust emissions.(PS) 15 mph limit should be posted on the site at all times during construction. (3.3-2) In addition to the dust control measures proposed as part of the project, the project applicant should post the name and phone number (business and non- business hours) for the dust control coordinator along the perimeter of each construction site and provide this information by mail to reisdents within 2-10 TABLE 2-1 (continued) SUMMARY OF PROJECT IMPACTS AND MITIGATION MEASURES 1 IMPACT MITIGATION MEASURES PROPOSED (Significance) TO REDUCE SIGNIFICANT IMPACTS (Mitigation Number In Text; ' Significance Of Impact After Mitigation) ' 1,000 feet of the area of construction. (33-3) Earthmoving and other dust producing activities should be suspended when watering and other dust control measures are unable to eliminate visible dust plumes. (3.34; NS) b. The daily increase in regional emissions(Reactive Comply with the County's Transportation Demand Organic Gases and Oxides of Nitrogen (two Management Program Ordinances 92-31 by preparing precursors of ozone), associated with the project and providing TDM information to prospective home would exceed the criterion (150 lbs/day). Therefore buyers. The TDM information should contain the project is considered to have a significant effect materials describing transit,ride sharing and van pool on regional emissions.(S) services. (3.3-5) The project should provide for transit stops along Cypress Road within the project site, along Cypress Lakes Drive, Sandmound Boulevard and Country Club Drive. (3.3-6) The proposed project design includes pedestrian/bicycle paths linking recreational and residential uses within the site (see Section 3.9). In addition to these facilities, bicycle parking areas should be provided at all recreational facilities within the project site (Golf Course Clubhouse, Beach Club and Public Ballpark). (3.3-7) While the mitigation measures discussed above would reduce regional emissions,the proposed project would still result in an unavoidable impact on regional emissions. (ROG and NOx) (S) 3.4 VEGETATION AND WILDLIFE a. The project would result in the removal of The project applicant should prepare a Wetland approximately 0.95 acres of the 9.18 acres of Habitat Mitigation Monitoring Plan which is designed wetlands/waters of the U.S. on the project site for the to replace impacted wetlands by enlarging and development of project roads, single-family homes, enhancing the existing wetlands on-site. The goal of golf course improvements and project levees. This the mitigation plan is to create an additional 2.28 includes impacts to the primary drainage ditch("main acres of seasonal wetlands by enlarging and drain")by culverting the ditch under roads and filling enhancing the existing wetlands on-site. Buffer areas 2-11 TABLE 2-1 (continued) ' SUMMARY OF PROJECT IMPACTS AND MITIGATION MEASURES IMPACT MITIGATION MEASURES PROPOSED (Significance) TO REDUCE SIGNIFICANT IMPACTS (Mitigation Number In Text; Significance Of Impact ' After Mitigation) for construction of the project levee system.Filling of around wetland areas would also be provided. (3.4-1) , wetlands/waters of the U.S. on the project site would require a permit from the U.S. Army Corps of The project applicant should prepare a Channel Engineers. (PS) Enhancement Plan which would enhance and widen the existing primary drainage ditch to a channel of approximately 8 acres in size. A new north/south channel would also be created to connect to the ' proposed lake. The channels would be sprigged with willows and cottonwood cuttings to provide riparian habitat. (3.4-2; NS) b. The proposed project would result in direct The proposed project includes widening of the impacts to the primary drainage channel ("main primary drainage channel ("main drain") and the drain") through the construction of project roadways creation of additional channels on the project site to , and project levees. Impacts would primarily be in the improve wildlife habitat and the visual quality of the form of placing the main drain in a culvert and filling project. The project applicant should prepare a portions of the channel in the areas impacted. (PS) detailed Channel Enhancement Plan based on the draft Channel Enhancement Plan provided by the applicant. The Plan should be submitted to Contra Costa County,the California Department of Fish and Game and the U.S.Army Corps of Engineers for review and approval prior to approval of the project's final subdivision maps. (3.4-3) To minimize impacts to wildlife movement along this , drainage channel, road crossings should utilize clear span bridges if feasible. If culverts are to be used ' they should be as large as possible to minimize impacts to wildlife movement., The design of all bridges and/or culverts to be placed along the primary drainage channel("main drain")shall be submitted for ' review and approval to Contra Costa County Department of Public Works, Reclamation District 799, California Department of Fish and Game and , U.S. Army Corps of Engineers prior to filing a final subdivision map. (3.4-4; NS) C. The proposed project would result in The project plans include a draft Habitat Mitigation approximately 0.75 acres of wetlands being filled for and Monitoring Plan which proposes to replace development of the proposed project. Filling of wetlands on-site,in a ratio of 3 acres for every 1 acre wetlands on the project site may adversely affect impacted (0.75 acres impacted to be replaced with , 2-12 ' TABLE 2-1 (continued) SUMMARY OF PROJECT IMPACTS AND MITIGATION MEASURES IMPACT MITIGATION MEASURES PROPOSED (Significance) TO REDUCE SIGNIFICANT IMPACTS (Mitigation Number In Text; Significance Of Impact After Mitigation) ' special-status plants and animals. (PS) 2.28 acres of new wetland) by enlarging and enhancing the existing wetlands on the project site and providing buffer areas around wetlands. The Habitat Mitigation and Monitoring Plan should be reviewed and approved by the County, California Department of Fish and Game and U.S. Army Corps of Engineers prior to filing a final subdivision map. (3.4-5) Wetlands and waterways impacted by the proposed project are considered waters of the United States and therefore come under the jurisdiction of Section 404 of the Clean Water Act. Filling in waters of the United States requires a permit from the Department of the Army, U.S. Army Corps of Engineers. The project applicant is required to obtain a permit from the U.S. Army Corps of Engineers before filling of any wetlands or waters on the project site. The type of permit required will be defined by the U.S Army Corps of Engineers upon submittal of a permit application by the project applicant.In addition to the U.S. Army Corps of Engineers permit, the California Department of Fish and Game may need to be notified regarding project activities in the vicinity of the main drain pursuant to Fish and Game Code Section 1600 et. seq. (3.4-6) The project should pay the County Protection Fee,as required by the County General Plan, for acquiring development rights on wetland areas off-site. The Protection Fee should be paid upon the issuance of building permits for the project. (3.4-7; NS) 3.5 VISUAL QUALITY a. The project would result in changing the existing The following measures are proposed by the Project visual character of the project site to one of a Applicant to address visual impacts: suburban residential community with various recreational uses. This change would substantially Landscape criteria for the proposed golf course,parks, alter the existing visual condition. This would be common areas, project levees and the channels. considered an unavoidable impact of the project. (S) Landscaping would consist primarily of low grasses 2-13 r TABLE 2-1 (continued) , SUMMARY OF PROJECT IMPACTS AND MITIGATION MEASURES IMPACT MITIGATION MEASURES PROPOSED (Significance) TO REDUCE SIGNIFICANT IMPACTS (Mitigation Number In Text; Significance Of Impact ' After Mitigation) and wildflowers with some introduced shrubs and , trees. (3.5-1) Landscape guidelines for the proposed levee system. These guidelines are designed to be consistent with the landscape guidelines of the State Reclamation Board. A list of suitable plant species is provided as part of the guidelines. (3.5-2) A landscape strip would be provided outside the project levee to provide screening of the levee along Bethel Island Road and Sandmound Boulevard. The landscape strip would be a minimum of 10 feet wide and be located sufficiently outside the levee cross- section to not hinder maintenance of the levee. The landscape strip should be planted with trees and shrubs to provide maximum screening. Maintenance of the landscape strip would be carried out by the homeowners'association or special district but not the public agency responsible for maintenance of the project levee. (3.5-3) Residential units will be limited to two stories not to exceed 30 feet. (3.5-4) Minimum setbacks along arterial roadways will be 200 feet, and 100 feet from the center line of the roadway to the exterior wall of any living space along collectors (Cypress Road Extension). (3.5-5) Sideyard setbacks will vary taking into account: 1) ' structures should not block solar access for heating and cooling;2)space between buildings shall increase in relation to their height; and 3) periodic view , corridors to water areas should be provided. (3.5-6) Mitigation measures proposed by the project, or included as mitigation measures, would improve the visual character of the project site but would not mitigate the change in visual character to a less-than- significant degree. (S) ' 2-14 TABLE 2-1 (continued) SUMMARY OF PROJECT IMPACTS AND MITIGATION MEASURES IMPACT MITIGATION MEASURES PROPOSED (Significance) TO REDUCE SIGNIFICANT IMPACTS (Mitigation Number In Text; Significance Of Impact After Mitigation) ' b. Views of the project site from Bethel Island The levee landscape guidelines should be finalized Boulevard,Sandmound Road and other vantage points once the public agency to be responsible for around the project perimeter would be partially maintaining the levees is determined. The levee blocked by a landscaped flood control levee which landscape guidelines should then be submitted to the would surround the project. The degree of impact public agency responsible for maintenance of the would be higher for residences closest to the levee. levees for review and approval prior to the installation of any landscaping on the levees. (3.5-7) A landscape maintenance district, or other funding source consisting of the property owners within the project site, shall be established for the proposed project to pay for long-term maintenance of public recreation areas within the project site. The project applicant shall submit a proposal for the landscape maintenance district to the County for approval prior to approval of the project's final subdivision map. (3.5-8; NS) 3.6 NOISE a. Existing houses along Cypress Road just west of Noise mitigation installed (soundwalls, architectural the project entrance would be exposed to a significant treatments), along Cypress Road for the project noise impact due to increased traffic by the year entrance to Sellers Road should be designed to 1 2000. (PS) achieve the County's 60 dB goal for residential uses. The proposed project should be required to pay 40% of the total cost of noise mitigation for houses along Cypress. This is based on the calculation that the project will contribute 4 dB to the ultimate 70 dB noise level along Cypress Road which is 10 dB over the County's 50 dB goal. The remaining 60% of the cost should be paid by the County (40%) and future development (20%). The project's prorata share of noise mitigation should be paid at the time of filing each phased final map. (3.6-1; NS) b. Existing residences adjacent to the site, In order to reduce construction period noise impacts particularly along Sandmound Boulevard, would be the following mitigation should be implemented: exposed to a short-term impact from construction noise. (PS) a. All general construction activity should be limited to the hours of 7:30 a.m. to 7:00 p.m. on weekdays only. 2-15 TABLE 2-1 (continued) SUMMARY OF PROJECT IMPACTS AND MITIGATION MEASURES IMPACT MITIGATION MEASURES PROPOSED , (Significance) TO REDUCE SIGNIFICANT IMPACTS (Mitigation Number In Text; Significance Of Impact After Mitigation) b. Operations of any machine or device which , generates a noise level greater than 95 dB at 50 feet should be prohibited wherever feasible. C. Route heavy construction traffic along existing Cypress Road and the proposed Cypress road to minimize the impact on existing residences. No construction traffic should be routed along Bethel Island Road or Sandmound Boulevard. d. Prohibit construction trucks from parking along existing Cypress Road west of the project entrance. e. Locate noisy stationary equipment, such as compressors or pumping stations away from existing residences to reduce their noise impact. (3.6-2: NS) c. Proposed housing along the extension of Cypress In order to avoid adverse noise levels at homes to be ' Road within the project would be exposed to a located along the extension of Cypress Road through existing and future DNL of 65 dB. This is 5 dB over the project, the project has been designed to provide the County goal for normally acceptable outdoor noise a 100 foot set-back along Cypress Road. The 100 levels but is within conditionally acceptable noise foot set-back would be from the center line of the levels. (PS) roadway to the nearest exterior wall of each residence located along Cypress Road. The 100 foot set-back would reduce the noise level at these residences to a DNL of 60 dB which is consistent with the County's noise goals for residential uses. No additional , mitigation is necessary or proposed. (3.6-3; NS) 3.7 HYDROLOGY AND DRAINAGE , a. The project would increase the area of The following mitigation measures are proposed as impermeable surfaces and increase storm water part of the project: ' runoff. The proposed channel/lake system and storm drainage network would reduce the project's drainage On-site storm drainage facilities (lake, channels and impacts. On-site storm drainage that previously was golf course detention facilities)shall be constructed to collected in ditches and flowed off-site to RD-799 both protect property and to provide for public safety 2-16 ' TABLE 2-1 (continued) SUMMARY OF PROJECT IMPACTS AND MITIGATION MEASURES IMPACT MITIGATION MEASURES PROPOSED (Significance) TO REDUCE SIGNIFICANT IMPACTS (Mitigation Number In Text; ' Significance Of Impact After Mitigation) pumps, would, for the most part, be collected on site by accommodating the 100 year storm event. (3.7-1) and terminate in the proposed channel/lake system. During storm periods when excess water accumulates Dewatering structures(discussed in the Water Quality on the site, waters from the lake would then be Section) shall be constructed at those points where pumped to ultimate disposal in Sand Mound Slough underground storm drainage pipes enter the by a pump station that would be constructed as part channel/lake system in order to facilitate the periodic of the development. (NS) flushing and cleaning of the underground pipes.(3.7-2) Drainage ditches shall be constructed along the exterior toe of the proposed levee system to catch that runoff from the exterior slope of the levees. The drainage ditches shall discharge into existing drainage ditches along the perimeter of the project. (3.7-3), Maintenance of on-site storm drainage improvements within the public right-of-way, or in suitable easements, shall be performed by the County of Contra Costa. Storm water pump station maintenance shall be performed by the public entity selected to be responsible for the operation and maintenance of the perimeter levee. (3.7-4; NS) b. The 685.9 acre project site would be removed The following mitigation measures are proposed to from the FEMA flood hazard zone by construction of ensure proper construction, landscaping and a perimeter levee. Material for construction of the maintenance of the internal levee system. levee would be obtained from the excavation of the interior channels-lake system. The levee would be The design of the project levee shall be in accordance constructed to standards adopted by FEMA for an with the standards and requirements of the Federal Urban Standard Levee. (B) Emergency Management Agency for an Urban Standard Levee. Provisions shall be designed into the ' project levee to allow for a future increase in height of four feet to allow for the "greenhouse effect." During the design of the project levee, the crest elevation shall be increased by an amount equivalent to projected long term settlement. (3.7-5) The side slopes of the project levee shall be planted and irrigated to reduce erosion, and to provide dust control,in accordance with the limitations imposed by FEMA. (3.7-6) 2-17 TABLE 2-1 (continued) ' SUMMARY OF PROJECT IMPACTS AND MITIGATION MEASURES IMPACT MITIGATION MEASURES PROPOSED ' (Significance) TO REDUCE SIGNIFICANT IMPACTS (Mitigation Number In Text; Significance Of Impact After Mitigation) Adequate easements shall be granted to the maintaining authority in order to provide for maintenance and upgrading of the levee, and to prohibit encroachments onto the levee. (3.7-7) To minimize the risk of liquefaction beneath the perimeter levees, the loose clean and silty sand of depths of 10 to 15 feet shall be reworked and densified. Deep dynamic compaction and/or over excavation and compaction of soils shall be utilized to ' densify the soils. (3.7-8) The levee landscape guidelines should be finalized once the public agency responsible for maintaining , the levees is determined. The levee landscape guidelines should then be submitted to the public agency responsible for maintenance of the levees for review and approval prior to installation of any landscaping on the levees (same as mitigation measure 3.5-7) (3.7-9) A detailed emergency evacuation plan based on the project's proposed emergency evacuation plan shall be prepared in cooperation with RD-799 and the governmental agency that ultimately accepts the internal levee system prior to approval of the project's final subdivision map. The evacuation plan shall ' include at a minimum the following measures: • Criteria for determining when a emergency exists ' • Methods for notifying and evacuating area residents • Identification of agencies and individuals , responsible for emergency response and public evacuation • Plans for returning evacuees to their homes after an emergency has passed. (3.7-10;NS) c. Existing soils within the project site would be The proposed groundwater monitoring.plan shall be removed (for the lake/channels) to construct the made a condition of project approval. A final , 2-18 , TABLE 2-1 (continued) SUMMARY OF PROJECT IMPACTS AND MITIGATION MEASURES ' IMPACT MITIGATION MEASURES PROPOSED (Significance) TO REDUCE SIGNIFICANT IMPACTS (Mitigation Number In Text; ' Significance Of Impact After Mitigation) proposed levee system. The proposed project would groundwater monitoring plan shall be submitted for have a short-term impact on groundwater as a result review and approval by the County prior to filing a of dewatering of near-surface groundwater for final subdivision map. (3.7-11; NS) excavation for the internal levees, lake, channels and installation of utilities. The localized dewatering activities would not affect adjacent properties because dewatering would occur far enough from existing residences and draw down would only occur on the project site immediately under or adjacent to the dewatering area. In addition,the project plans include a groundwater monitoring plan. (PS) d. The project would not have an impact on the The project site shall continue to be a part of RD-799 ' condition of the existing RD-799 levee system. and shall be prohibited from seceding from this However, the project site does provide funding for district, even if removed from the flood hazard zone continued maintenance of the RD-799 levee system by the proposed internal levee system,to provide the and RD-799 may ultimately be responsible for district with a continued long-term source of funding maintenance of the proposed levee system. (PS) for maintenance of the existing RD-799 levee system. (3.7-12; NS) e. Increased surface runoff from the new impervious A final maintenance plan for the Golf Course shall be surfaces and the golf course may have impacts on the submitted for review and approval by the County, water quality of the channels-lake and ultimately the prior to filing a final subdivision map. The final Delta. Urban runoff can contain substantial quantities maintenance plan shall build on the maintenance of pollutants such as organic pesticides,heavy metals, criteria established in the project plans and identify nutrients, petroleum products, and suspended solids. standard maintenance and management practices to be To address this potential impact, the project plans carried out on the Golf Course. Specific maintenance include a water quality management plan and procedures shall be identified regarding the use of maintenance criteria for the golf course. However, pesticides,herbicides,and fertilizers. An emphasis of proper implementation is necessary to ensure adequate the maintenance plan should be to reduce potential water quality. (PS) leaching into local groundwater resources. The maintenance and management plan shall also outline specific irrigation practices designed to reduce water consumption. (3.7-13) An informational packet shall be distributed to all project residents to educate them on the use and disposal of undesirable materials such as motor oil, paints, garden pesticides and other household products. The informational packet should be ' contained in the CC&Rs for each house. The 2-19 TABLE 2-1 (continued) , SUMMARY OF PROJECT IMPACTS AND MITIGATION MEASURES IMPACT MITIGATION MEASURES PROPOSED ' (Significance) TO REDUCE SIGNIFICANT IMPACTS (Mitigation Number In Text; Significance Of Impact , After Mitigation) -14 . 3.7 ) A street sweeping program shall be provided to reduce urban pollutant run off into the proposed lake and channels. The street sweeping may be provided by the County through its existing street sweeping program. If this is not feasible, alternative measures could include funding of the street sweeping program by the homeowner's association. (3.7-15) A final channel-lake operation and maintenance plan shall be submitted for review and approval prior to filing a final subdivision map. The plan shall be , based on the applicant's proposed lake-channel management plans utilizing plants, flushing, aeration and other techniques to maintain water quality without chemicals. (3.7-16) The project shall comply with all the requirements of the County's NPDES permit requirements. The ' project applicant shall provide the County with the appropriate documentation regarding compliance with NPDES requirements prior to the issuance of grading permits for the project. (3.7-17; NS) 3.8 GEOLOGY, SEISMICITY AND SOILS a. The project would expose new structures to the The project plans include the following mitigation ' potential impacts of liquefaction. Due to the measures: "Generally High" liquefaction potential on the project ' site and County policies, this impact would be Excavate,rework and densify the loose clean and silty considered potentially significant. (PS) sands under the levee to a depth of 10 to 15 feet. Deep Dynamic Compaction (DDC) techniques could also be used. These techniques could involve dropping a heavy weight repeatedly at a given location. (3.8-1) If Deep Dynamic Compaction is used,vibration from ' this construction technique would be monitored along the property line closest to adjacent residences. , 2-20 ' i ' TABLE 2-1 (continued) SUMMARY OF PROJECT IMPACTS AND MITIGATION MEASURES IMPACT MITIGATION MEASURES PROPOSED (Significance) TO REDUCE SIGNIFICANT IMPACTS ' (Mitigation Number In Text; Significance Of Impact After Mitigation) However,vibration from DDC would not be expected to exceed safe limits beyond 150 feet from the excavation site and therefore would not affect any adjacent residences. (3.8-2) The following mitigation measures are proposed in addition to those measures proposed as part of the project: ' The Kleinfelder report analyzed alternative approaches for mitigating liquefaction impacts. The project should be required to adhere to these approaches. The specific approach will depend on site-specific conditions and analysis. However, the project applicant should follow the reviewed and approved recommendation of the Kleinfelder report. A report documenting the methods used in the field to reduce liquefaction potential should be submitted to the Public Works Department and the public agency responsible for maintenance of the levee system. (3.8-5) Building plans for each structure to be constructed on the project site shall include an evaluation and recommendations to ensure satisfactory performance in the event of an earthquake and liquefaction on the project site. The building plans shall be reviewed and approved by Contra Costa County prior to the issuance of building permits. (3.8-8; NS) b. Construction of the project would result in grading The project plans include the following mitigation over much of the site for construction of the proposed measure: homes, golf course, lakes and other facilities. These activities would expose soils to wind and water Existing vegetated areas should be left erosion. Because the site is located in an area of undisturbed until construction of site strong winds, wind erosion could result in a improvements is actually ready to ' significant loss of soil without mitigation.(PS) commence. • All disturbed areas should be protected from both wind and water erosion upon the completion of grading activities. 2-21 TABLE 2-1 (continued) SUMMARY OF PROJECT IMPACTS AND MITIGATION MEASURES IMPACT MITIGATION MEASURES PROPOSED , (Significance) TO REDUCE SIGNIFICANT IMPACTS (Mitigation Number In Text; Significance Of Impact , After Mitigation) • Runoff should be directed away from all , areas disturbed by construction, if practical. • Temporary check dams, sediment ponds, or siltation basins should be used to trap eroded soils, and prevent their discharge into storm drain pipes. ' • To the extent possible, major site development work involving earth moving , and excavations should be scheduled for the dry season. • Areas used for stockpiling and staging construction equipment and materials should be located so that unchecked runoff from these areas does not enter the storm drain , system. (3.84) The following mitigation measure is proposed in addition to the measures proposed as part of the ' project: Post at the construction site the name and phone , number of a designated dust control coordinator who can respond to complaints by suspending dust- producing activities or providing additional personnel ' or equipment for dust control. In addition contractors shall implement, at a minimum, the following measures: 1) Schedule earthmoving activities,as much as ' possible, during the early spring months when soil moisture is high. 2) Suspend earthmoving or other dust-producing activities during periods of extreme winds. 3) Provide equipment and staffing for watering of all exposed or disturbed soil surfaces at , least twice daily, including weekends and holidays. An appropriate dust palliative or suppressant, added to water before 2-22 ' ' TABLE 2-1 (continued) SUMMARY OF PROJECT IMPACTS AND MITIGATION MEASURES IMPACT MITIGATION MEASURES PROPOSED (Significance) TO REDUCE SIGNIFICANT IMPACTS (Mitigation Number In Text; Significance Of Impact After Mitigation) rapplication, should be utilized. 4) Water or cover stockpiles of debris, soil, ' sand or other materials that can be blown by the wind. 5) Sweep adjacent streets of all mud and debris, since this material can be pulverized and later resuspended by vehicle traffic. 6) Where possible, limit the speed of all construction vehicles to 15 miles per hour while on site. 7) Seed, cover or chemically treat finished grades as soon as practical after completion of activities. (3.8-7; NS) c. The potential for subsidence from dewatering The following measure is proposed as part of the would be short-term (only during dewatering project plans: activities)and would only occur in the immediate area of dewatering activities. Dewatering activities are Groundwater monitoring plans to provide early expected to occur during the excavation for the lake detection of changes in the groundwater level and to and channels, construction of the levee and allow adjustments in the construction techniques if installation of underground utilities. Dewatering necessary. Monitoring wells and settlement plates activities would effect the top 15 to 20 feet, which would be placed on the project site and surrounding would not impact most domestic wells which are properties to control the groundwater level. (3.8-3) generally below the depth of the dewatering activities (Bohely, 1992). The localized dewatering activities The following mitigation measure is proposed in would not cause subsidence on adjacent properties addition to those measures proposed by the project: because draw down would only occur on the project site immediately under or adjacent to the dewatering The ground settlement monitoring plan should be area. (PS) finalized and submitted to the County for review and approval prior to beginning any construction or dewatering activities. The plan shall identify the location of all monitoring wells,and provide specifics on well completion and the method and frequency of monitoring. Similarly, the plan shall identify settlement plates as well as contingency plans to control subsidence or mitigate subsidence related damage. (3.8-6; NS) 2-23 1 TABLE 2-1 (continued) , SUMMARY OF PROJECT IMPACTS AND MITIGATION MEASURES IMPACT MITIGATION MEASURES PROPOSED , (Significance) TO REDUCE SIGNIFICANT IMPACTS (Mitigation Number In Text; Significance Of Impact ' After Mitigation) 3.9 PUBLIC SERVICES a. The project would increase fire protection service The project proposes to dedicate a site and construct demands on the fire districts by increasing the number a new fire station on the project site in lieu of fire ' of structures and population within the project area. protection fees as determined by the County. The site To reduce the project's impacts on fire services, the and station should meet all applicable requirements of project would include construction of a fire station the appropriate Fire District (Oakley FPD or Bethel near the project entrance at Cypress Road. This Island FPD). The fire station should be operational station would satisfy the County's standard that fire prior to the first homes on the site being occupied. If stations be located within one and one-half miles of necessary a special district fee may be augmented to , development,and satisfactory to the Bethel Island and provide adequate funding to fully staff the new Oakley Fire Districts for maintaining the five minute station. (3.9-1) / 1.5 mile response standard. The proposed project, therefore, is not expected to have an adverse impacts If the project is required to pay fees,the Fire District on fire protection facilities.(NS) fees shall be based on the fees in effect at the time of the issuing of building permits. (3.9-2) All building plans shall meet the applicable Uniform , Building and Fire codes. Fire protection agencies shall be afforded the opportunity to review and comment on plans prior to the issuance of building ' permits for the projects. (3.9-3) b. The project would result in the addition of The proposed project should pay a fair-share fee equal , approximately 3,247 persons population within the to the cost of providing 465 square feet of new County sheriff's service area. This would result in Sheriff Department facilities, based on the County the need for new officer positions and equipment.(PS) standard of 155 square feet per 1,000 residents. The ' fee should be calculated and paid at the time of issuance of building permits. for the project. (3.9-4; NS) c. The project would generate approximately 665 The applicant and the school district shall enter into ' new elementary and middle school enrollments and a short-term funding agreement prior to recordation approximately 253 new high school enrollments. of the subdivision map. The agreement shall ensure ' Based on the project's student generation and the that matching funds are provided for the completion local school district's school facility requirements,the of construction documents necessary for the proposed project would require the construction of district's application(s) for State funding. The approximately one new elementary school, 30% of a amount of short-term funding would be credited to ' new middle schools,and 20%of a new High Schools. the applicant's full school impact fees which are The project includes a possible school site of paid upon issuance of building permits. Scheel approximately 7.4 acres. This site is proposed to imparat fees shall be based eR the fees iA e-M-es--at --he 2-24 i r ' TABLE 2-1 (continued) SUMMARY OF PROJECT IMPACTS AND MITIGATION MEASURES IMPACT MITIGATION MEASURES PROPOSED (Significance) TO REDUCE SIGNIFICANT IMPACTS (Mitigation Number In Text; Significance Of Impact After Mitigation) mitigate the project's impacts on the local school time of issuing building peFinits. 3.9-5) district. The OUESD has indicated that a 10 acre ' school site would be desired.(PS) School impact fees are projected to be insufficient to cover the project's share of facilities required to serve new students in the area. If no state or local funding is available,the applicant should work with the school districts to determine additional school fees to be paid as building permits are issued. (3.9-6) ' The school site should be enlarged from 7.4 acres to 10 acres to meet the OEUSD requirements. (3.9-7) If the proposed on-site school site is determined by ' the OUESD to be unacceptable, the applicant shall pay an in-lieu fee to the OUESD for the purchase of an appropriate school site. (3.9-8; NS) ' d. The project would include 170 acre semi-private The following mitigation measures are proposed to golf course,60 acres of channels and lake,a 1.5 acre ensure proper maintenance of park facilities and beach club, approximately 33 acres of parks, and a compliance with County policy: day care facility. The project is consistent with the park land/recreation requirements of the County. (B) The project proposes to construct and dedicate the large community park to the County which would then be responsible for continued maintenance of the park. If this is unacceptable to the County, funding for maintenance of the community park should be provided through a special district. (3.9-9) The community park should be designed so that active recreational use areas are located outside the power line easement. Active uses to be located outside the easement include: baseball diamonds, soccer fields and play ground areas. Uses permitted ' within the easement should be passive recreation and landscape areas. (3.9-10) The project applicant shall prepare a child care needs assessment based upon the projected demographics and density of the proposed project. The needs assessment shall be submitted to the Community Development Plan prior to approval of the final phase 2-25 TABLE 2-1 (continued) , SUMMARY OF PROJECT IMPACTS AND MITIGATION MEASURES IMPACT MITIGATION MEASURES PROPOSED ' (Significance) TO REDUCE SIGNIFICANT IMPACTS (Mitigation Number In Text; Significance Of Impact After Mitigation) map for the portion of the project which includes the day care site. (3.9-11; NS) e. The Contra Costa Mosquito Abatement District CCMAD should be provided the final design plans for ' • (CCMAD)notes that the environmental conditions in wetland mitigation areas and golf course maintenance the area indicate that the project would cause an and irrigation for review and comment prior to their increase in the level of service required from approval. (3.9-12; NS) CCMAD. Golf courses, parks and water detention basins proposed as pan of the project can lead to mosquito problems year round. (PS) 3.10 UTILITIES ' a. Water requirements for the project would amount Implement a groundwater management plan to address ' to approximately 1.7 million gallons per day (mgd). water requirements for irrigating the golf course and This can be broken down into 884,150 mgd for parks and to monitor changes in the groundwater domestic use and 805,200 mgd for landscaping. The table. The groundwater management plan should also , project is proposing to utilize existing groundwater address the management of pesticides and measures resources for irrigation of the golf course, parks, to be taken to reduce potential impacts on wetlands, and certain levee areas. The Oakley Water groundwater resources. In addition, the plan should District appears to be the logical provider of domestic identify what areas,and in what sequence,water will ' water service to the proposed project and has be discontinued to portions of the golf course and provided a "will serve" letter to the project applicant parks in the event of water cutbacks because of confirming that water capacity is available to serve drought or substantial lowering of the water table. ' this project through its buildout. The plan should be approved by the County prior to (PS) filing a final subdivision map. (3.10-1) Design into the golf course the use of grasses that are ' drought tolerant to limit the amount of water necessary for irrigation. (3.10-2) Require all structures to confirm to the California ' Health and Safety Code Section 1792.3 and the Public Resources Code Section 25402 with regard to , maximum flow rates through plumbing fixtures. (3.10-3) Provide homeowners with alternative landscaping ' opportunities such as xeriscape landscaping for builder installed front yards. (3.10-4) 2-26 TABLE 2-1 (continued) SUMMARY OF PROJECT IMPACTS AND MITIGATION MEASURES IMPACT MITIGATION MEASURES PROPOSED (Significance) TO REDUCE SIGNIFICANT IMPACTS (Mitigation Number In Text; ' Significance Of Impact After Mitigation) Design water distribution systems in accordance with American Water Works Association standards. (3.10- , 5) Install cathodic protection where corrosive environments are found, and use metallic water line products. (3.10-6) Install cathodic protection where corrosive ' environments are found and metallic water line products must be used. (3.10-7; NS) b. The project proposes to obtain its domestic water The project should be required to construct,or pay a ' supply from the existing OWD mains located at the fee equal to, the necessary off-site water system intersection of Highway 4 and Cypress Road in improvements to serve the proposed project. The size Oakley. From that point,the project would construct and design of these facilities should meet all ' two separate 12" pipelines, that are periodically applicable standards and requirements of the Oakley interconnected,to the project site. The 12" pipelines Water District and local Fire District Standards. The would have sufficient capacity to serve the proposed project should be reimbursed on a proration basis for project as well as some limited additional the cost of constructing facilities which have the development within the Bethel Island area. (NS) capacity to serve future development in the Planning Area served by the facilities. The necessary off-site water facilities should be completed and operational prior to the first homes being occupied on the site. (3.10-8; NS) c. The project would result in a significant increase The project applicant would be required to construct in wastewater generated from the project site. Based all necessary sewage collection facilities on-site to on wastewater generation factors provided by the serve the project. These facilities should be built to Oakley Sanitary District, the proposed project would district standards and appropriate easements for generate approximately 360,000 gallons/day (or 0.36 district maintenance provided. The sewage collection mgd) based on 270 gallons/unit day x 1,330 units. facilities should be installed prior to the first homes The most logical provider of sewer service for the being occupied. (3.10-9) ' project is the Ironhouse Sanitary District because 75% of the proposed project site is located within their A hydraulic analysis of the force main should be existing service boundaries. The project applicant has conducted to determine the capacity of the existing requested that the remainder of the project site be force main and any improvements that may be annexed to the Ironhouse Sanitary District. The necessary to accommodate the proposed project. This Ironhouse Sanitary District appears to have adequate analysis should be conducted prior to approval of the capacity to serve the project and has provided a"will project's final subdivision map. The project shall pay serve" letter to the project applicant. However, there its fair share of any improvements necessary to the 2-27 TABLE 2-1 (continued) ' SUMMARY OF PROJECT IMPACTS AND MITIGATION MEASURES IMPACT MITIGATION MEASURES PROPOSED ' (Significance) TO REDUCE SIGNIFICANT IMPACTS (Mitigation Number In Text; Significance Of Impact , After Mitigation) may be several off-site improvements necessary to force main to serve the project. The fair-share fee ' serve the project. (PS) shall be paid upon approval of the first phased map. (3.10-10) ' The project should be required to pay the full costs of any increase in pumping capacity or new pump station(s) necessary to serve the project. The need ' and cost for these improvements shall be determined by the Ironhouse Sanitary District prior to approval of the final map. (3.10-11) , A reimbursement agreement shall be entered into between the project applicant and the Ironhouse Sanitary District whereby the project applicant would ' be reimbursed for the portion of the cost of new facilities which have the capacity to serve areas in addition to the project. The reimbursement would be , paid out of fees paid by future developments. (3. 10-12; NS) d. Electric service would be supplied to new The project shall include the undergrounding of all ' development by PG&E. The existing transmission new electrical service lines necessary to serve the lines and substation appear to have adequate capacity project site. Electrical lines should be placed in to provide service to the project.(NS) relatively water tight conduits according to PG & E ' standards. This should be completed prior to the first houses being occupied. (3.10-13) The need to upgrade off-site electrical lines shall be ' determined by PG&E prior to approval of the final map. If off-site reinforcement is necessary, the project applicant should be required to pay the ' project's fair-share, if any, of the reinforcement. (3.10-14; NS) e. The project would require the replacement of the Place distribution lines underground. (3.10-15) , switch on Bethel Island and the extension of new telephone cables to the project site.According to PUC Install telephone cables in relatively water-tight regulations, costs of line and equipment installation conduits and vaults. (3.10-16; NS) ' would be borne by the developer and Pacific Bell. According to County policy, distribution lines would need to be placed underground in relatively watertight 2-28 ' i ' TABLE 2-1 (continued) SUMMARY OF PROJECT IMPACTS AND MITIGATION MEASURES IMPACT MITIGATION MEASURES PROPOSED (Significance) TO REDUCE SIGNIFICANT IMPACTS (Mitigation Number In Text; Significance Of Impact After Mitigation) ' conduits and vaults, thereby avoiding visual impacts and prolonging the life of the equipment and cables.(NS) f. The project includes street lighting and additional Project street lights should utilize down focused lights lighting associated with individual residential units and other features to reduce glare. The design of ' and recreational uses. The street lighting would be street lights should be submitted for review and installed in accordance with Contra Costa County approval to the County Public Works Department for Code(Title 9)requirements and maintained by Contra review and approval prior to approval of the final ' Costa County. Street lights produce "glow" which map. (3.10-17; NS) could impact adjacent residents. (PS) 3.11 HUMAN HEALTH a. Residents of the project could be exposed to Each residence on the project site should include in agricultural chemicals applied aerially on nearby its CC&Rs a clause consistent with disclosure ' agricultural lands. However, the use of agricultural currently required by the County stating that the chemicals is strictly regulated by County and State incoming property owner is aware of adjacent regulations. Chemicals applied aerially on nearby agricultural uses and the potential hazards related to properties could drift onto the project site and cause this land use. (3.11-1; NS) adverse health effects and nuisance odors for project residents. The level of exposure for project residents would vary greatly depending on the amount of ' chemicals used and proximity to the application.(PS) b. The project site could potentially contain Soil sampling should be conducted in those areas of contaminated soils in those areas where heavy the site where heavy equipment is stored, repair equipment is stored,repair facilities are located and facilities are located and where the above ground where the above ground storage tanks are located. storage tanks are located. Should contaminated soil (PS) be identified, removal and remediation of the material should occur before excavation or construction activities commence in these areas. The Contra Costa County Health Department should ' supervise and authorize any soil sampling procedures and remediation. (3.11-2; NS) 2-29 TABLE 2-1 (continued) ' SUMMARY OF PROJECT IMPACTS AND MITIGATION MEASURES IMPACT MITIGATION MEASURES PROPOSED , (Significance) TO REDUCE SIGNIFICANT IMPACTS (Mitigation Number In Text; Significance Of Impact After Mitigation) c. The project would involve the construction of The Contra Costa Mosquito Abatement District r lakes, a golf course and other water related facilities (CCMAD) should be consulted regarding mosquito including wetland mitigation sites,drainage facilities. abatement features during the final design of any These facilities may provide breeding habitat for wetland mitigation sites to be created on the project mosquitos if not properly maintained. (PS) site (3.11-3) If reclaimed water is used for recreation areas, ' CCMAD should be consulted regarding the design and testing of alternative methods and disbursement sources.(3.11-4; NS) ' d. The project site is located in close proximity to Each residence within the project site should include large electrical transmission lines and natural gas drill in the CC&Rs a clause stating that the incoming easements (no active gas sites). Although some of property owner is aware of the specific human health ' these risks are speculative, as a result of the project's issues related to living near electrical transmission location,project residents could be exposed to certain lines and drill sites. (3.11-5; NS) health risks. (PS) 3.12 CULTURAL RESOURCES a. Because the project site is known historically to Due to the existence of subsurface cultural materials ' contain cultural resources,including the possibility of along the western perimeter of the CA-CCo-134 site human burials,the proposed project may result in the area and the recommendations relative to site CA- disruption of cultural resources as a result of the CCo-139 (below), it is recommended that significant , grading and excavation necessary to construct various ground disturbance be avoided in an area of components of the project.(PS) approximately l l acres (700 x 700 feet [213 x 213 meters])(see Appendix H). The proposed uses in this ' area (internal levee, natural gas drilling site, fire station,community park) are not expected to result in significant ground disturbance. However, all construction activity in this area should be closely ' monitored to preserve known resources and to determine the presence of any previously unknown subsurface resources in the CA-CCo-134 area. , Should sterile soil (e.g., topsoil) be placed over the site for landscaping purposes, it is recommended that rubber-tired construction vehicles be used throughout the site area and that excavation for landscaping or , irrigation be allowed in fill material only. Should it be necessary to excavate through native soils, an archaeologist should be present to monitor soil ' 2-30 ' 1 ' TABLE 2-1 (continued) SUMMARY OF PROJECT IMPACTS AND MITIGATION MEASURES ' IMPACT MITIGATION MEASURES PROPOSED (Significance) TO REDUCE SIGNIFICANT IMPACTS (Mitigation Number In Text; ' Significance Of Impact After Mitigation) removal for the presence of cultural materials. (3.12- 1) ' Significant ground disturbance should be avoided in the area surrounding site CA-CCo-139, from the 0- foot(sea level)contour to the mound apex at 6.5 feet ' above sea level(see Appendix H). The proposed uses in this area (community park, extension of Cypress Road are not expected to result in significant ground disturbance. However, all construction activities should be closely monitored to preserve known resources present in this area. It is understood that two private parcels of land on the mound are not ' included in the project proposal. These recommendations do not apply to those parcels unless they are incorporated into the project proposal at ' some future time. Should any subsurface disturbance occur on the mound through the removal of structures or foundations, an archaeological monitor should be present to observe soils for the presence of cultural materials. Should sterile soil (e.g.,topsoil) be placed over the site for landscaping purposes, it is recommended that rubber-tired construction vehicles ' be used throughout the site area and that excavation for landscaping or irrigation be allowed in fill material only. Should it be necessary to excavate through native soils, an archaeologist should be present to monitor soil removal for the presence of cultural materials. (3.12-2) Construction at the fire station, which would be within the area of archaeological sensitivity for site CA-CCo-139,should be closely monitored and work ' stopped immediately if cultural materials are encountered. If it is determined that construction is not feasible, the project applicant shall be required to 1 find an alternate site outside the archaeologically sensitive area. (3.12-3) Lot No.10 in Neighborhood 1 should be removed or redrawn in a manner that avoids the archaeologically ' 2-31 TABLE 2-1 (continued) , SUMMARY OF PROJECT IMPACTS AND MITIGATION MEASURES IMPACT MITIGATION MEASURES PROPOSED ' (Significance) TO REDUCE SIGNIFICANT IMPACTS (Mitigation Number In Text; ' Significance Of Impact After Mitigation) sensitive area associated with CA-CCo-139. (3.124) Lot No.I l in Neighborhood i should be removed or redrawn in order to avoid the archaeologically sensitive area associated with CA-CCo-139. (3.12-5) The area including and immediately surrounding site CA-CCo-647 should be avoided to preclude impacts to this important resource (see Appendix H). Should sterile soil (e.g., topsoil) be placed over the site for landscaping purposes,it is recommended that rubber- tired construction vehicles be used throughout the site area and that excavation for landscaping or irrigation be allowed in fill material only. Should it be ' necessary to excavate through native soils, an archaeologist should be present to monitor soil removal for the presence of cultural materials. , (3.12-6) The rear lot lines of lots No.29 and 30 in Neighborhood 7 should be redrawn in a manner that avoids the archaeologically sensitive area associated with CA-CCo-647. (3.12-7) In the event that avoidance of the preceding cultural , resource sites is not feasible, it will be necessary to develop a data recovery or"excavation plan"pursuant ' to the requirements of CEQA Appendix K, Part V and subject to the limitations defined in Part VI. (3.12-8) ' An archaeological monitor should be present when grading, excavation, trenching and other soil , disrupting activities are carried out in any of the mapped archaeologically sensitive areas as defined in Appendix H. These activities/areas include, for , example, the Cypress Road extension; levee construction/ excavation/ compaction; possibly, demolition of existing homes; fire station construction; and the parking lot for the playing , 2-32 ' TABLE 2-1 (continued) SUMMARY OF PROJECT IMPACTS AND MITIGATION MEASURES ' IMPACT MITIGATION MEASURES PROPOSED (Significance) TO REDUCE SIGNIFICANT IMPACTS ' (Mitigation Number In Text; Significance Of Impact After Mitigation) ' fields. (3.12-9) ' An archaeological monitor should be on-call when grading, excavation, trenching and other soil disrupting activities are carried out on the project site. In the event that a prehistoric site, burial, or historic ' resource is encountered during construction of the project, the project engineer would be obligated to temporarily stop or relocate construction activities and notify the archaeological monitor immediately. In the event a significant prehistoric or historic resource is identified,no further construction should be permitted in that location until a mitigation plan can be formulated and implemented. (3.12-10) In the event human remains are discovered during ' construction, excavations should be halted at that location. Any finds of human remains must be reported to the Contra Costa County Coroner's Office. ' In the event that the find is determined to be prehistoric, the Native American Heritage Commission must be notified within 24 hours to alert them of the find and to permit the designation of a Native American representative. Consultation between the archaeological consultants in charge of monitoring, Contra Costa County, and the Native American representative would then determine the course of action to be taken with the burial in question. Ideally, if removal is undertaken, time should be allowed for study of the remains and any associated grave goods prior to their return to the Native American Community for reburial at a location of their selection. (3.12-11) A report of findings and analyses of all archaeological data recovered during testing/excavation,monitoring and any mitigation procedures undertaken should be prepared by a qualified archaeologist. (3.12-12) Sections 5097.98 and 5097.99 of the Public Resources Code also call for "protection to Native American human burials and skeletal remains from vandalism and inadvertent destruction". To achieve this goal, it 2-33 TABLE 2-1 (continued) SUMMARY OF PROJECT IMPACTS AND MITIGATION MEASURES IMPACT MITIGATION MEASURES PROPOSED , (Significance) TO REDUCE SIGNIFICANT IMPACTS (Mitigation Number In Text; Significance Of Impact ' After Mitigation) is recommended that the construction personnel on the ' project be instructed as to the potential for discovery of cultural or human remains, and both the need for proper and timely reporting of such finds, and the consequences of failure thereof. (3.12-13) It is recommended that the Native American Heritage ' Commission (NAHC) in Sacramento be contacted regarding potential Native American concerns,values, and traditional use areas relative to the proposed project site and vicinity. There is a potential for disturbance of previously undiscovered Native American human remains during construction of the project. It would prove advantageous to have an ' established agreement with the NAHC and/or local Bay Miwok tribal representatives prior to the discovery of such remains,should any be discovered. ' A typical agreement would specify when,in the event of a discovery, Native American involvement would occur, and the treatment and ultimate disposition of ancestral remains. (3.12-14) , The proposed intersection improvements at the project entrance and Bethel Island Road should be realigned to the north as much as possible to avoid impacting site CA-CCo-138. (3.12-15) The alignment of any future extension of Bethel Island Road south of Cypress Road should be as far east as feasible to avoid site CA-CCo-138,taking into consideration safety factors. This may result in the need to move the project levee along the project's westerly boundary up to 50 feet to the east. (3.12-16; NS) ' 3.13 ENERGY a. An average dwelling unit could be expected to Building plans for each house should include energy consume approximately 4,869 kilowatt hours conservation features such as passive solar heating, (kwh)/year of electricity. Total energy consumption additional insulation and other features so that Title of the proposed homes would be approximately 6.47 24 efficiency standards (1991) will be exceeded by at million kilowatt hours/year of electricity. The project least 10%. These features shall be reviewed and has proposed to incorporate design features in the approved by the County Building Department as pan 2-34 ' TABLE 2-1 (continued) SUMMARY OF PROJECT IMPACTS AND MITIGATION MEASURES ' IMPACT MITIGATION MEASURES PROPOSED (Significance) TO REDUCE SIGNIFICANT IMPACTS (Mitigation Number In Text; Significance Of Impact After Mitigation) ' project homes so that energy consumption would be of the building permit review process. (3.13-1; B) reduced. The goal of the project would be to exceed the energy efficiency standards of Title 24 by 10%. (B) i 2-35 3. REVISED PROJECT DESCRIPTION AND BACKGROUND 3.1 INTRODUCTION An initial study was prepared on the proposed project that was submitted prior to ' February 6, 1992 (the date of the Notice of Preparation [NOP]). The NOP noted that the project application may be amended during the process in response to environmental issues and concerns raised. Any amendments to the application submitted prior to completion of this EIR are ' addressed herein. Subsequent amendments to address remaining concerns covered in this EIR and/or the planning process may be necessary. ' The application was in fact revised to address comments raised in response to the NOP, first DEIR, neighborhood and agency concerns and the finalization of preliminary environmental reports. The major revisions to the application include: ' 1. eater reservation and enhancement of wetlands t�' P 2.) accommodations for a more effective and efficient drainage system 3.) elimination of neighborhood commercial uses 4.) the relocation of the potential school site 5.) more efficient internal circulation system 6.) preservation of cultural resources 7.) additional hydrology and geotechnical analysis ' 8.) additional landscape plans The revisions to the proposed project do not raise new possible environmental impacts that were not raised by the original project, negating the need for a new initial study. In fact, the revisions will lessen some of the potential impacts of the original project design as identified in the initial study. All potential significant impacts of the proposed project, as revised, are addressed herein. 3.2 PROJECT LOCATION AND EXISTING SETTING The Cypress Lakes and Country Club project site is located in the Sacramento-San ' Joaquin Delta area of unincorporated north-eastern Contra Costa County,approximately 2.7 miles east of the Town of Oakley (see Figure 3-1). The project site is located in the 'off-island" portion of the Bethel Island Area, commonly known as the Hotchkiss Tract. The project site is ' located at the junction of Cypress Road and Bethel Island Road (see Figure 3-2), and is generally 3-1 Sacs-,mento 99 $0 Oxapa 12 6so � 1 och Stockton ozidw Q •:`: ploject Are s •.t 2a o {� 6$ ZO •1. :. •80,: akland Sall Francisco = • •, s$o , lot ••. San Jose Figure 1.1: • • •'' Location . Regional • ' ' UNTRY S & C� CYPRES LI PR03F CT C 3-2 •,. -- _ ,- :;� -. N --:^. �:�: - �.���: epi ct04 xrfi,tl310^SIC.. ��y/_�A EE cd L _ Otl I 'cl tlIRiF • •.� _ ter. a W u oJ' .r•` U s o, I _ A co 6 ted. FM V —_ — - - ' - .. .. gl - 'Otl • / ONYlS'13X139 O AVMNOIH d NOtl AB Q - ` _ a- _� o �.. 1E d •dl,�-- 03',¢ m .'t 'Ob 5%IV %303 Id i AV NgS�.DIN Ljr .: r alt no,,, p W � I ln•9wa1 inmivM.O 4AV :� • \..��•..2 ;:": 70 a YtlrMA Y ,.I� 3AY Y1023N%IF + \rC m ���•:..• _ f•• C •3Ar �� M31AYIr1a. - v . WitlY y CIA E 1 � y E '�. o� :� 3tnr IIrO lAll v �_ \ • [lOtl3N Otl 133tl]O%YS we ?'. r;� ==tet.. ..,: •:�,, /or oz 1 � � • ` � � = 3i tl1 11101 yr r_' AbM m ;7: s�" - [up,Rt19 00; i '•fie i JB YI101 YbJbW -•:-I+.T�..., _ elf i/'gyp ;o• — j _0. �� S " ` :<:::,:.,. ;.: •�,--..: ! i.. c OYgi w 71 !iso N •Y•:ti�}_�� O lA' .n; :!� ,o •, C eo _ •. "� Vic::'_-,.:-.._ Q� 'dW ?; ma wuAW,,n3Ncun r'•.Wy� •; y--- - /�/ I - � •� vl a Vie.'..... 3-3 bordered by Bethel Island Road on the west, Sandmound Boulevard on the north and east and , by agricultural uses on the south. The existing use of the site is agricultural (cattle grazing) and consists of several fenced ' pasture areas, with irrigation and drainage canals crossing the property in various locations. A few homes and agricultural structures are located on the project site. These structures are primarily located along the unimproved portion of Cypress Road and east of Bethel Island Road. 3.3 PROJECT CHARACTERISTICS ' The Cypress Lakes and Country Club project would be constructed on approximately 685.9 acres consisting of seven parcels. The project would consist of 1,330 single-family residential units. In addition, the project would include an 18-hole golf course with amenities, an internal levee system, a man-made lake and channels, a day care facility, parks, a fire station, beach club, and a potential school site (see Figure 3-3). , The project would be constructed in phases. The phases would be timed to coincide with necessary infrastructure improvements (i.e. sewage, storm drainage, water facilities, roadway , improvements, etc.). The first phase would include basic grading of the site and excavation for the man-made lake and channels. Material excavated for the lake and channels would be used to construct a levee system around the project site for flood protection. The levee system would require Federal Emergency Management Agency (FEMA) approval before any home constructed on the site could be occupied. Preliminary grading for the golf course would occur coincident with levee construction. ' The proposed residential development would be on lots ranging in size from approximately 5,000 square feet to 10,000 square feet. Residential lot densities would average approximately.5.4 units per acre. The overall density of the project is 2.21 units per acre. ' Residential development on the southern portion of the site (south of Cypress Road) ' would be oriented toward the man-made lake of approximately 60 acres. Non-motorized boats would be permitted on the lake. A beach club would also be developed adjacent to the lake to provide recreational opportunities for project and area residents. The beach club would provide ' a swimming facility adjacent to but separate from the man-made lake. In addition, a day care center, fire station, potential school site and public park would be located in this portion of the project site. The residential development north of Cypress Road would include an 18-hole golf course interwoven among the various neighborhoods. A clubhouse facility, driving range and maintenance facility would also be located in this area as well as several water channels. Commercial uses on the site are no longer proposed. 3-4 ' all;leo pule pule-1 paaaaaleuo :ao.znos iaaroxd ZnoS,o,j joa(oad A2f<. NfI07 :C—i aanl;d �9 SHX I SSHHdA3 M +------- 111x0 --�% — — L) � \ a 'Z I I I A. mm I 1 I � ..:nib!%j"1� ���; ;:;. �,� � • I - 1 1 I I I 1 SAMIl SII 3 I I 1 I t I i � I 1 I I I I I 31 I s I I I 00H S 0 i I I I l I I I I I � 31K 1 MOLLV S� 1 I I L 3W I I d dI n31 ( Jl 33 O � i n �18 d I I 1 dv� I I lads 3115 I I ION \ liiaa ccs 0`dod �N SS3adl.o I RIS ladd / / iliac v ` I ION p v�N a �\ \ 11 J C13 1 i I p I i I Z O p . i I Z Q i I Q I I o I AVMNN! I I Q J 371LWVdd JL4^ V0"»30 / nav i \ \ LLI XG \ 3snoHonbV I w \ m \ \ 1 \ \ \ I / 11 / / II � I \ II �rnaa I I I I I ' I I I I I I I I I I I I I I I • I 33431 I-— ' I ' I I \ I I \ I u \ I 1 The project design would avoid most of the existing seasonal wetland areas (6.52 acres) and waters of the U.S. (2.66 acres) present on the project site. However, approximately 0.75 ' acres of wetlands would be impacted by the proposed project. The project design would include replacing the impacted wetlands through restoration and enhancement of existing wetland habitat on the project site. ' The major land uses proposed by the project, including approximate acres of coverage, are summarized as follows: TABLE 3-1 SUMMARY OF PROPOSED LAND USES ' Land Use Acres Single-family Residential (1,330 units) 242.9 ' Fire Station 2.0 School Site 7.4 ' Beach Club 1.9 Daycare Center 0.5 Roadway Right-of-Way 74.6 1 Lake/Channels 61.0 Parks 33.7 Golf Course 170.3 ' Existing Wetlands 6.5 Levees 54.6 Levee Road 9.0 1 Drill Sites 10.5 Wetland Mitigation/Buffers 11.0 TOTAL 685.9 ' The primary entrance to the site would be via Cypress Road at its intersection with Bethel Island Road. A secondary access would be provided via Sandmound Boulevard at the north end ' of the project site. Cypress Road would be extended through the project site as the primary collector roadway. Residential neighborhoods would be accessed by an internal road system consisting of primary roads, secondary loops and cul-de-sacs to provide access to the individual neighborhoods (see Figure 3-4). In addition to the above mentioned facilities, the proposed project would also include ' various storm drainage, water system, sewage disposal and public utility improvements. On-site storm drainage improvements would include curbs, gutters and drain inlets to an underground conduit system which would be designed in accordance with Reclamation District 799 (RD-799) and County standards. The proposed system would pump excess runoff into Sand Mound Slough. The project would include on-site detention of storm water in the proposed lake and ' 3-6 1 I I I 1 I 11 I 1 1 1 I � 1 ' II ii I I ' CIRCULATION 1 ROUTES 11 /r II ii 1 1 ' tt 11 \, 1 I t \ ' P SD it r r --------- rr r I 1 1 I r I I ) r 1 1 ) r 1 I r, 11 I ( I 1 1 1 < ' 1 11 1 I 1 1 1 1 1 � 1 I 1 1 -------------- ------------ , Figure 1-4: CYPRESS LAKES & COUNTRY CLUB Project Circulation ' PROJECT Source: Chartered Land and Cattle ' 3-7 , channel detention facilities. On-site sewage facilities would include a gravity sewer system, lift stations and pumps. Sewage from the site would enter the existing force main in Bethel Island ' Road. To provide water to the site, off-site improvements including transmission lines from Highway 4 at Cypress Road would be provided. On-site water facilities would include 6", 8" and 10" underground distribution pipelines. Other utilities, such as electricity and solid waste ' disposal, would be provided by existing service providers. 3.4 PROPOSED MITIGATION The proposed project has been designed to reduce certain impacts through the incorporation of the following measures: Levee System: The project design includes construction of a levees stem around the y P J g Y project site to remove the proposed development area from the flood hazard zone. The ' levee system would be certified by FEMA prior to the construction of houses on the site. Storm Drainage Improvements: The project includes a system of channels and lake to provide stormwater detention on-site to reduce drainage impacts on RD-799 facilities. Water Ouality Management Plans: The project includes innovative water quality management strategies to maintain acceptable water quality in the project channels and lake. Management strategies include the use of specific plant species to remove pollutants ' from the water and mechanical circulation of water to improve flushing action. Wetland Mitigation Plan: The project would impact 0.75 acres of the 9.18 acres of wetlands on the site. The project would include the replacement of impacted wetland through the enlargement and enhancement of existing wetlands on-site. The 0.75 acres impacted would be replaced with approximately 2.75 acres of wetland. Ground Subsidence Monitoring Plan: The project includes measures to monitor ground subsidence that may result from de-watering activities associated with construction of the ' project levees, channels and lake. Monitoring wells and settlement plates would be used to monitor construction. If groundwater levels or soil subsidence exceeds acceptable levels, construction activities would be stopped and remedial actions taken. Landscape Plans: The project includes detailed landscape plans for the project levee and common areas. The landscape plans include lists of desirable plant species, irrigation techniques and other landscape criteria. Additional landscaping would be provided around the project perimeter outside the levee along Sandmound Boulevard and Bethel Island Road to reduce visual impacts on adjacent residents. ' Channel Enhancement Plan: The project includes plans to enhance the primary drainage ditch ("main drain") into a channel of approximately 8.0 acres in size. A new channel ' is also proposed in the north/south direction and would connect to the proposed lake. The ' 3-8 second channel would be approximately 11 acres in size. The channels are proposed to , provide additional riparian habitat and visual interest to the project. The banks of the channels would be sprigged with willow and cottonwood cuttings to provide riparian , cover. Energy Conservation Guidelines: The project is proposing to maintain a goal of , exceeding the energy efficiency standards of Title 24 by 10%. This would be achieved through the incorporation of design features into each home to reduce energy consumption. ' Provision of School Site: To help mitigate the project's potential impact on local school facilities, the project plans include the dedication of a 7.4 acre school site on the project ' site. The school site would be dedicated to the Oakley Union Elementary School District for the construction of a new elementary school in the Bethel Island area. Provision of Fire Station Site and Facility: The project plans include a 2 acre site for a , y P J new fire station on the project site. The fire station is located near the project entrance at Cypress Road and Bethel Island Road. The project would also include construction of , a new fire station facility on the site. Provision of a fire station on the project site would improve fire protection services for Hotchkiss Tract and the Bethel Island area. Preservation of Cultural Resources: The protect plans have been developed to avoid culturally sensitive areas present on the project site. Portions of the project site known ' to contain cultural resources have either been avoided or are proposed for less disruptive uses such as parks and playgrounds. Provision of Parks/Recreational Amenities: The proposed project includes approximately ' 33 acres of public and private parks primarily located south of the proposed extension of Cypress Road. In addition, other recreational amenities are being proposed including: ' a lake, golf course, beach club, trails, and open space corridors. Affordable Housing Fee: The project applicant has agreed to pay a in-lieu affordable , housing fee equal to $3,333 per residential unit. For the proposed project this fee would generate approximately $4,432,890 for the County's affordable housing programs. These fees would be paid at the time of issuance of building permits. As an alternative, the , project applicant may construct a portion, or all, of the affordable housing units on-site. Homeless Fees: The project applicant has agreed to pay an in-lieu fee to the County's Homeless Trust Fund. The amount of this fee would be determined by the County and paid upon issuance of building permits for the project. 3-9 ' 3.5 PROJECT RELATIONSHIP TO RELEVANT PLANS Contra Costa County General Plan, As Approved January, 1991 The Cypress Lakes and Country Club project is located within the County Urban Limit ' Line, which would allow development in accordance with General Plan policies and the 65/35 Land Preservation Standard. The Contra Costa County General Plan Land Use Map designates the area as Agricultural Land (AL) and Open Space (OS); with an overlay designation of "Off- Island Bonus Area" which allows increased residential densities under certain circumstances. The Contra Costa County General Plan states the following with regard to residential development within the Off-Island Bonus Area (page 3-29): ' A bonus density is identified in the "Off-Island" area of the Bethel Island Planning Area east of Jersey Island Road. The base density of this area is 1 dwelling unit per 5 acres. ' This density shall be increased through the bonus program if the applicant participates in one of the following programs: ' Recreational Proiects. Residential projects which include a distinct, identifiable recreational character by including substantial recreational facilities shall be ' allowed a density of 1.0 to 2.9 units per net acre. Recreational amenities may include marinas or launching areas off the project site on Sand Mound or Rock Sloughs, a lake community, a sailing/boating club on a project lake, an equestrian ' facility, a tennis club, or a golf course. Purchase of Development Rights. The development rights for one acre increments ' of land in the County with an Agricultural Land designation may be purchased and dedicated to the County to increase the base density up to 1/2 dwelling unit per net acre. Acquiring development rights in one acre increments of land in the ' County with an Agricultural Core designation will increase the base density up to a maximum of 3 dwelling units per net acre. A program for acquisition of development rights shall be implemented by the Community Development ' Department. Within the Off-Island Bonus Area, the General Plan limits new development to 3,000 primarily recreation-oriented units. Of this total, 153 units have been approved but are not yet constructed, leaving a balance of 2,847 allowable new units. The proposed project's 1,330 residential units would fall below this limit. Two additional applications for projects within the ' Off-Island Bonus Area have been submitted, for a combined number of 1,653 residential units. These projects, when combined with the Cypress Lakes project, total 2,983 units which exceeds the remaining number of allowable units by 136 units. However, the latter two applications are ' not being actively pursued (Contra Costa Community Development Department, July, 1992). The proposed project includes an 18-hole semi-private golf course, parks (20 acres for a ' neighborhood park and 6 acres through-out the project, a swim and tennis/beach club, and lake ' 3-10 and channels designed to meet the recreational character requirements of the Contra Costa County ' General Plan for increased residential density within the "Off-Island Bonus Area." In addition, the project has an overall residential density of 2.21 units per acre (Gross Acreage - public and private easements = # of dwelling units) which falls within the 1.0 to 2.9 units per acre. No purchase of agricultural development rights is proposed. Bethel Island Area Specific Plan, April, 1991 ' The validity of the Bethel Island Area Specific Plan (BIASP) and its EIR were challenged t by various environmental groups. The Court of Appeal has declared the BIASP and its EIR invalid. Subsequently, the County, project applicant and environmental groups entered into a settlement agreement requiring the recision of the Bethel Island Specific Plan, decertification of , its EIR, and vacation of the existing development agreement between the County and the project applicant. Therefore, this EIR does not address conformity with the Bethel Island Specific Plan. The settlement agreement, December, 1992, established a framework whereby the parties have , agreed to work together in processing applications on the project site. 3.6 DISCRETIONARY AND OTHER AGENCY APPROVALS REQUIRED , The project applicant has applied for the following discretionary approvals by Contra Costa County for which this EIR is intended to cover: ' • Rezoning of 685.9 t acres of land from General Agricultural District (A-2) and , Heavy Agricultural District (A-3) to Planned Unit District (P-1); • Preliminary development plan approval for the proposed club house, beach club ' house, beach club, public park, maintenance facility, and other uses not in the final development plan; • Final development plan approval for the proposed residential uses, golf ' course/driving range, wetlands, lake, channel and levee; • Vesting tentative map to subdivide the 685.9 t acre site into 1,330 single-family , lots; • Design review of the project. ' Other approvals and/or permits will be required to fully implement the project. This EIR is intended to cover all those necessary approvals and/or permits which may include but are not limited to the following: , 1. LAFCO Approval - LAFCO approval may be needed for the reorganization of the Sphere of Influence and annexation of the project into the Oakley Water District , 3-11 , ' and Contra Costa Water District for provision of water, the Ironhouse Sanitary District for sewer; and possible consolidation of the Oakley and Bethel Island Fire ' Districts in the Bethel Island Planning Area. Other annexation and/or possible consolidation may be necessary for other services. ' 2. Financing and Maintenance Districts - The establishment of a park maintenance district, landscape and lighting district, geologic hazard abatement district,or other special districts for the financing and/or maintenance of infrastructure and other ' improvements. 3. National Pollutant Discharge Elimination System (NPDES) Permits - May be required for drainage discharge. 4. Section 404 Permit - The applicant will need to qualify for a permit under Section ' 404 of the Clean Water Act for the filing of any wetland areas on-site. 5. FEMA Approval - Approval will be sought for the internal levee. ' 6. Development Agreement - The applicant will request approval of a development ' agreement with the County to establish the terms and conditions under which the project will be developed. ' 7. Streambed Alteration Permit - The applicant will be required to obtain a streambed alteration permit from the Department of Fish and Game. 8. RD-799 Approval - Permits from RD-799 will be required for the proposed levee and drainage systems both on- and off-site. ' This list is not intended to be exhaustive. Other approvals and/or permits may be necessary to fully implement the project objectives which this EIR is intended to cover. 3-12 1 4. PUBLIC COMMENTS/RESPONSES TO COMMENTS ON THE DRAFT EIR ' This chapter of the Final EIR responds to written comments received during the public review period and verbal comments made at the East County Regional Planning Commission hearings. ' The responses to comments are divided into five categories: (1) Federal Agencies, (2) State Agencies, (3) Local Agencies, (4) Groups and Individuals, and (5) Public Hearings. ' Comment letters are organized such that each written letter or verbal testimony is followed directly by the responses to comments contained therein. Responses to individual comments in each letter are keyed to the numbers noted on the left margin of each letter. Comment letters include the following: 4.1 Federal Agencies A Department of the Army, January 27, 1993 ' 4.2 State Agencies B California Department of Conservation, February 16, 1993 C California Department of Fish and Game, February 3, 1993 ' D California Department of Transportation, January 11, 1993 E State Lands Commission, February 16, 1993 r4.3 Local Agencies F Contra Costa County Local Agency Formation Commission, February 10, 1993 G Contra Costa County Sheriff-Coroner, January 6, 1993 H Contra Costa County Sheriff-Coroner, January 25, 1993 I Land Planning Consultants, January 28, 1993 ' J Reclamation District 799, February 11, 1993 4.4 Groups and Individuals ' K Guy and Katie All, February 10, 1993 L Alexander Buller, February 1, 1993 M Carol Coleman, February 11, 1993 N Bob Dal Porto, February 9, 1993 O C. Elaine Dannelley, February 10, 1993 P C. Elaine Dannelley, February 12, 1993 Q Fred Davis, February 9, 1993 R Dickson & Ross, February 16, 1993 S Darrell Edwards, February 12, 1993 ' T Vera Fatook and George Garcia, February 12 and 16, 1993 U Gagen, McCoy, McMahon & Armstrong, February 16, 1993 V David Gold and Robert Henn, February 1, 1993 ' W Leigh Jordan, January 15, 1993 ' 4-1 r X KLH - Bryan & Murphy, Inc., February 5, 1993 Y Barbara La Fargue, February 16, 1993 Z Diane Maybee, received February 17, 1993 ' AA Montague & Cochrane, February 11, 1993 BB Manuel and Cecelia Peixoto, January 30, 1993 CC Mary Reeves, January 12, 1993 , DD Mrs. William Sherwood, February 9, 1993 EE Diane Shipway, January 20, 1993 FF Linda Wadsworth, February 2, 1993 , 4.5 Public Hearings GG East County Regional Planning Commission Hearing, February 1, 1993 ' HH East County Regional Planning Commission Continuation Hearing, February 8, 1993 i r r 1 1 1 r r 1 i 4-2 ' 1 4.1 FEDERAL AGENCIES 4-3 Letter A ' r nvw.I uee re I. cuaress on reverse. I DATE —2 7-93 WRITER'$ NAME/TELEPHONE NO. ' David Gore (916) 557-6750 YOUR a OUR COMMUNICATION (Kind, reference symbol, date, subject, or other identification) Notice of completion concerning a revised Environmental Impact Report (EIR) for the Cypress Lakes and Country Club, a residen- tial development plan, 2.7 miles east of Oakley, CA ACTION TAKEN OR REQUESTED Q REPLY WILL BE FURNISHED ON OR ABOUT RECEIPT ACKNOWLEDGED Q REQUEST DATE WHEN REPLY MAY BE EXPECTED Q FOR DIRECT REPLY . Q WE HAVE SENT YOUR COMMUNICATION TO(See below) Q TO OBTAIN INFORMATION We have reviewed the EIR with regard to our regulatory responsibilities and note the project will need a Section 404 permit before filling of waters/wetlands on the project site. Cn OTHER INFORMATION Q SUPPLIED OR Q REQUESTED nk You for coordinating with us. T P NAME• GRADE. AND TITLE 31 GN TORE ALTER YEP ief, Planning Division DA FORM 209, 1 Jan 70 REPLACES EDITON OF DELAY, REFERRAL, ORF WUP NOTICE *U.S. GPO:1388-201.424/80327 1 NOV 66. WHICH WILL BE USED. (AR 340-I5) 1 a DEPARTMENT OF THE ARMY San Joaquin Basir. Branch FEB a _. OFFICIAL BUSINGl PENALTY FOR PRIVATE U66,5300 —� :^,��\, Q o-17961 C71 -,Z)W J��= Contra Costa County Commun y Devel. Dept. ATTN: Arthur Beresford 651 Pine Street, North Win Martinez, CA 94553-0095 g 4th F1. 11111fill fit 111111111111111111,1111,111111111,1111,1 4-4 Response to Letter A: Department of the Army, January 27, 1993 ' Response A-1: ' The comment indicates that the proposed project will require a Section 404 permit from the U.S. Army Corps of Engineers. Mitigation Measure 3.4-6 of the DEIR requires the project ' applicant to obtain a permit from the Corps before filling of any wetlands or waters on the project site. The U.S. Army Corps of Engineers' 404 permit is listed as a necessary discretionary approval for the project (see Page 3-12 of this EIR). ' r i 4-5 ' r � . : STATE t 4-6 Letter B State of California THE RESOURCES AGENCY OF CALIFORNIA' M E M O R A N D U M To: Mr. Douglas P.' Wheeler Date: February 16, 1993' Q- Secretary for Resources ��PT Mr. Arthur Beresford Contra Costa County Community Development Department 651 Pine Street Martinez, CA 94553 Subject: Draft Environmental Impact Report (DEIR) for the Cypress Lakes Project. SCH #92023048 The Department of Conservation, which is responsible for monitoring farmland conversion on a statewide basis has reviewed ' Contra Costa County's Revised DEIR for the project referenced above. The project will convert 683 acres of agricultural land for the development of 1,330 single family homes, an 18 hole golf course and related resort facilities. The Revised DEIR continues to state that the land being converted is nonprime agricultural land and therefore does not constitute a significant environmental impact. However, as previously mentioned, the Department of Conservation's Important Farmland maps show that the area contains Prime Farmland and a significant amount of farmland of Statewide Importance. The site is also adjacent to additional Prime farmland. Enclosed are the relevant sections of the Department's maps showing the designations as well as a listing of the soils which qualify as Prime and Statewide in Contra Costa County according to the Soil Conservation Service. The Department is concerned about the impacts of this B-1 project on the adjacent agricultural lands and on the prime agricultural land within the project area. Since the project may have environmental impacts on adjacent agricultural land and prime agricultural land, the Department offers the following comments. The loss of prime agricultural land should be identified and treated as a significant environmental impact. The California Administrative Code (Section 15000 et seq. , Appendix g (y) ) state that a project will normally have a significant effect on the environment if it will convert prime agricultural land to a nonagricultural land. Since it appears that this project will have such an effect, the Final Environmental Impact Report (FEIR) should provide information on the number of acres of agricultural land to be developed, the potential agricultural value of the site, the impacts of farmland conversion, and possible mitigation actions. 4-7 i Mr. Wheeler and Mr. Beresford , February 16, 1993 Page Two The DEIR should provide information on the number of acres of agricultural land to be developed, the potential agricultural value of the site, the impacts of farmland conversion, and possible mitigation actions. Specifically, we recommend that the Revised DEIR contain the following information to ensure the adequate assessment of the project's impacts in these areas. o The agricultural character of the area including: - A map which identifies the location of agricultural preserves, the number of acres and type of land in each preserve (i.e. , prime/non-prime) . - Types and relative yield of crops grown in the affected areas, or in areas of similar soils under good agricultural management. - The agricultural potential of the area's soils, as defined by the Department of Conservation's Important Farmland Map Designations. o Farmland Conversion Impact - The location of Williamson Act contracts, if any, on land adjacent to the project area. - The type, amount, and location of farmland conversion B'2 that would result from implementation of the project. o Mitigation measures and alternatives that would lessen farmland conversion impacts. Some of the possibilities are.- Directing re:Directing urban growth to lower quality soils in order to protect prime agricultural land. Increasing densities or clustering residential units to ' allow a greater portion of proposed development sites to remain in agricultural production. Protecting other, existing farmland of equivalent, or better, .quality through planning policy that relies on an active and strategic use of the Williamson Act. Establishing buffers such as setbacks, berms, greenbelts, and open space areas to separate farmland from urban uses. Many communities have considered 300 feet as a sufficient buffer for impacts such as pesticide spraying, noise, and dust. Implementing right-to-farm ordinances to diminish nuisance impacts of urban uses on neighboring agricultural operations, and vice-versa. Imposing development impact fees to help fund a farmland protection program that utilizes such land-use planning tools as transfer of development rights, purchase of development rights or conversion easements, and farmland trusts. 4-8 _ Mr. Wheeler and Mr. Beresford February 16, 1993 Page Three The Department has commented on both the Notice of Preparation and original DEIR. Both letters requested that information about the agricultural character of the project area, B_2 soil erosion impacts, and farmland conversion impacts be addressed. (Please refer back to letters dated March 20, 1992 and September 16, 1992 , confirmed received per telephone conversation. ) The Department appreciated the opportunity to comment on the Revised DEIR. We hope that the farmland conversion impacts and the Williamson Act contract issues are given adequate consideration in the DEIR. If I can be of further assistance, please feel free to call me at (916) 445-8733 r ee Stetson, Assistant Director Office of Governmental and Environmental Relations Attachments cc: Scot Steinwert Public Affairs Management Kenneth E. Trott, Manager Land Conservation Unit Contra Costa Resource Conservation District 4-9 i Appendix B: MAPPING CATEGORIES AND SOIL TAXONOMY TERMS The following definitions are used in preparing the Important Farmland Maps and the Farmland Conversion Report. Soil-specific terms, such as xeric, ustic, aridic, etc, are defined at the end of this appendix. The definitions for Prime Farmland, Farmland of Statewide Importance, Unique Farmland, Farmland of Local Importance and Urban Built-up lands were developed by the U. S. Department of Agriculture as part of their nationwide Land.Inventory and Monitoring (LIM) system. These LIM definitions have been modified for use in California. The most significant modification is that Prime and Statewide farmlands must be irrigated. Farmland of Local Importance has been identified by local advisory committees and vary from county to county, as intended by the LIM. Mapping of Grazing Land as part of an Important Farmland Map is unique to California. Prime Farmland "Prime Farmland" is land which has the best combination of physical and chemical characteristics for the production of crops. It has the soil quality, growing season and moisture supply needed to produce sustained high yields of crops when treated and managed, including water management, according to current farming methods. "Prime Farmland" must have been used for the production of irrigated crops at some time during the two update cycles prior to the mapping date. It does not include publicly owned lands for which there is an adopted policy preventing agricultural use. "Prime Farmland" must meet all the following criteria: a. Water The soils have xeric, ustic or aridic (torric) moisture regimes in which the available water capacity is at least 4.0 inches (10 cm) per 40 to 60 inches (1.02 to 1.52 meters) of soil,.and a developed irrigation water supply that is dependable and of adequate quality. A dependable water supply is one which is available for the production of the commonly grown crops in 8 out of 10 years; and b. Soil Temperature Range The soils have a temperature regime that is frigid, mesic, thermic or hyperthermic (pergelic and cryic regimes are excluded). These are soils that, at a depth of 20 inches (50.8 cm), have a mean annual temperature higher than 32°F (0° C).In addition,the mean summer temperature at this-depth in soils with an O horizon is higher than 47° F (8° C); in soils that have no O horizon, the mean summer temperature is higher than 59° F (15° C); and C. Aad-Alkali Balance The soils have a pH between 4.5 and 8.4 in all horizons within a depth of 40 inches (1.02 meter); and d. Water Table The soils have no water table or have a water table that is maintained at a sufficient depth during the cropping season to allow cultivated crops common to the area to be grown; and 4-10 e. Soil Sodium content The soils can be managed so that, in all horizons within a depth of 40 inches (1.02 meter), during part of each year the conductivity of the saturation extract is Iess than 4 mmhos jcm and the exchangeable sodium percentage is less than 15; and f. Flooding Floodingit of the so (uncontrolled runoff from natural precipitation) during the growing season occurs infrequently, taking place less often than once every two years; and g. Erodibility The product of K (erodibility factor) multiplied by the percent of slope is less than 2.0; and h. Permeability ' The soils have a permeability rate of at least 0.06 inch (0.15 cm) per hour in the upper 20 inches (50.8 cm) and the mean annual soil temperature at a depth of 20 inches (50.8 cm) is less than 59° F (15° C); the permeability rate is not a limiting factor if the mean annual soil temperature is 59° F (15° C) or higher; and i. Rock Fragment Content Less than 10 percent of the upper 6 inches (15.24 cm) in these soils consists of rock fragments coarser than 3 inches (7.62 cm); and j. Rooting depth The soils have a minimum rooting depth of 40 inches (1.02 meter). Farmland of Statewide Importance "Farmland of Statewide Importance" is land other than "Prime Farmland" which has a good combination of physical and chemical characteristics for the production of crops. It must have been used for the production of irrigated crops at some time during the two update cycles prior to the mapping date. It does not include publicly owned lands for which there is an adopted policy preventing agricultural use. "Farmland of Statewide Importance" must meet all the following criteria: a. Water The soils have xeric, ustic or acidic (torric) moisture regimes in which the available water capacity is at least 3.5 inches (8.89 cm) within a depth of 60 inches (1.02 to 1.52 meters) of soil; or within the root zone if it is less than 60 inches deep. They have a developed irrigation supply that is dependable and of adequate quality. A dependable water supply is one which is available for the production of the commonly grown crops in 8 out of 10 years; and 4-11 b. Soil Temperature Range The soils have a temperature regime that is frigid, mesic, thermic or hyperthermic (pergelic and cryic regimes are excluded). These are soils that, at a depth of 20 inches (50.8 cm), have a mean annual temperature higher than-32° F (0° C). In addition, the mean summer temperature at this depth in soils with an O horizon is higher than 47° F (8° C); in soils that have no O horizon, the mean summer temperature is higher than 59° F (15° C); and C. Acid-Alkali Balance The soils have a pH between 4.5 and 9.0 in all horizons within a depth of 40 inches (1.02 meter) or in the root zone if the root zone is less than 40 inches (1.02 meter) deep; and d. Water Table The soils have no water table or have a water table that is maintained at a sufficient depth during the cropping season to allow cultivated crops common to the area to be grown; and e. Soil Sodium Content The soils can be managed so that, in all horizons within a depth of 40 inches (1.02 meter), or in the root zone if the root zone is less than 40 inches (1.02 meter) deep, during part of each year the _ conductivity of the saturation extract is less than 16 mmhos/cm and the exchangeable sodium percentage is less than 25; and f. Flooding Flooding of the soil (uncontrolled runoff from natural precipitation) during the growing season ■ occurs infrequently, taking place less often than once every two years; and g. Erodibility The product of K (erodibility factor) multiplied by the percent of slope is less than 3.0; and h. Rock Fragment Content r Less than 10 percent of the upper 6 inches (1524 cm) in these soils consists of rock fragments coarser than 3 inches (7.62 cm). ' "Farmland of Statewide Importance" does not have any restrictions regarding permeability or rooting depth. Unique Farmland "Unique Farmland" is land which does not meet the criteria for "Prime Farmland" or "Farmland of Statewide Importance," that has been used for the production of specific high economic value crops at some time during the two update cycles prior to the mapping date. It has the special combination of soil quality, location, growing season and moisture supply needed to produce sustained high quality or high yields of a specific crop when treated and managed according to current farming methods. Examples of such crops may include oranges, olives, avocados, rice, grapes and cut flowers. It does not include publicly owned lands for which there is an adopted policy preventing agricultural use. 4-12 CONTRA COSTA PRIME FARMLAND SOILS U.S. DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE DAVIS, CALIFORNIA 95616 THESE SOIL MAPPING UNITS MEET THE CRITERIA FOR PRIME FARMLAND AS OUTLINED IN THE U.S. DEPARTMENT OF AGRICULTURE'S LAND INVENTORY AND MONITORING (LIM) PROJECT FOR THE CONTRA COSTA COUNTY SOIL SURVEY Symbol Name BaA Botella clay loam, 0 to 2 percent slopes BaC Botella clay loam, 2 to 9 percent slopes Bb Brentwood clay loam Bc Brentwood clay loam, wet CaA Capay clay, 0 to 2 percent slopes CaC Capay clay, 2 to 9 percent slopes CbA Capay clay, wet, 0 to 2 percent slopes Cc Clear Lake clay CeA Conejo clay loam, 0 to 2 percent slopes CeB Conejo clay loam, 2 to 5 percent slopes ChA Conejo clay loam, clay substratum, 0 to 2 percent slopes CkB Cropley clay, 2 to 5 percent slopes Ea Egbert mucky clay loam GaA Garretson loam, 0 to 2 percent slopes GaB Garretson loam, 2 to 5 percent slopes La Laugenour loam Lm Los Robles clay loam Md Merritt loam PaC Perkins gravelly loam, 2 to 9 percent slopes RbA Rincon clay loam, 0 to 2 percent slopes 4-13 CONTRA COSTA PRIME FARMLAND SOILS Page 2 of 2 Symbol Name RbC Rincon clay loam, 2 to 9 percent slopes RcA Rincon clay loam, wet, 0 to 2 percent slopes Rd Rindge muck Rh Ryde silt loam Sa Sacramento clay Sm Sorrento silty clay loam Sn Sorrento silty clay loam, sand substratum So Sycamore silty clay loam Sp Sycamore silty clay loam, clay substratum Wa Webile muck Z&A Zamora silty clay loam, 0 to 2 percent slopes ZaB Zamora silty clay loam, 2 to 5 percent slopes JPR Revised 4/22/80 retyped: 3/2/90 4-14 CONTRA COSTA SOILS OF STATEWIDE IMPORTANCE U.S. DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE DAVIS, CALIFORNIA 95616 THESE SOIL MAPPING UNITS MEET THE CRITERIA FOR FARMLAND OF STATEWIDE IMPORTANCE AS OUTLINED IN THE U.S. DEPARTMENT OF AGRICULTURE'S LAND INVENTORY AND MONITORING (LIM) PROJECT FOR THE CONTRA COSTA COUNTY SOIL SURVEY. Symbol Name AbD Altamont clay, 9 to 15 percent slopes AdA Antioch loam, 0 to 2 percent slopes AdC Antioch loam, 2 to 9 percent slopes BeB Briones fine sandy loam, 2 to 5 percent slopes DaC Delhi sand, 2 to 9 percent slopes DdD Diablo clay, 9 to lt percent slopes KaC Kimball gravelly clay loam, 2 to 9 percent slopes Rb Kingile muck LbD Linne clay loam, 5 to 15 percent slopes Oa Omni clay loam Ob Omni silty clay Pd Piper sand Pe Piper loamy sand PkA Positas loam, 0 to 2 percent slopes PkC Positas loam, 2 to 9 percent slopes Sb Sacramento clay, alkali Se Shima muck TaC Tierra loam, 2 to 9 percent slopes Vb Venice muck JPR Revised 4/22/80 retyped: 3/2/90 4-15 pr'. � � it .> /" Q� i • � ,,11-„�»,,�� ' as S/'> UJ - n N - , 1 5�. � •1 sit f '• AF JS • .1��j: .•�'. .� ^”`a �� �.....�_.:�-' � fib; UJ 10 owl LO t BRENTWOOD QUADRANGLE am 5 9 kj400 .I o •- y 3M 8 Sipa>o � «� •n .... �.�.. � V ro 28 S iS ►ISO M'12 • '• 33 J .......... rsrr .r rrrr�srsr •Y:-' ': ,+ � ..r � •8. w M • .7 -�S. '..- :::',�'� �': - ._ .rte! ..-... �, 1 :carr+.. p - �;,�1. • . - _ . ..{:.; �. ��: ::== -.• _ _ -- __ o .,. fir• . iR;�". =�' AS /.► � .M ,jam ^ >�i 10 •1';; � _ . 1 Response to Letter B: California Department of Conservation, February 16, 1993 , Response B-1: As stated on page 3-1 of the DEIR, the project site contains agricultural lands classified by the County as "non-prime" with marginal agricultural productivity. Because of its marginal productivity, the project site is used for cattle raising. Contra Costa County classifies "prime" agricultural lands as those containing class I or class II soils. The project site does not contain class I or II soils according to Contra Costa County soils maps on file at the Contra Costa County Community Development Department. In addition, the project site is not considered important farmland, according to the Contra Costa County General Plan map of important farmlands. The General Plan was updated in 1991. The information contained in the General Plan is current to that date. The County's classification of "prime" agricultural soils and "important" farmlands appears to be different than those of the commenting agency. This difference in classifications is a policy issue for Contra Costa County. It should also be noted that the project site is located within the County Urban Limit Line (ULL) (see attached Figure). The purpose of the ULL is to: 1) ensure preservation of identified non-urban agricultural, open space and other areas by establishing a line beyond which no urban land uses can be designated , during the term of the General Plan; and 2) facilitate the enforcement of the 65/35 Land Preservation Standard which requires that 65% of the County reflect non-urban uses. Properties, such as the project site, that are located inside the ULL, would be governed by the land use designations contained in the General Plan. In recognizing the marginal agricultural value of the project site and that the site is within the ULL, the area is considered suitable for development. However, in order to minimize the potential impact on adjacent agricultural lands, controlled development on the site would be permitted at a low overall density. In addition, a Protection Fee would be imposed on each new r residential unit, to be used by the County, in part, to acquire development rights for selected, important agricultural land or to provide financing for farmers to continue agricultural production. The County is currently in the process of establishing this Protection Fee. The removal of the project site from agricultural production would therefore not be ' considered significant. However, the conversion of the project site to urban and suburban uses would contribute to the incremental loss of agricultural/open space land throughout Contra Costa County. Such incremental loss has been substantially limited through establishment of the ULL, the 65/35 Land Preservation Standard, and the agricultural core areas. Response B-2: The attached map of the project site vicinity shows the locations of both active and expired Williamson Act Contract Lands. None of these lands are located immediately adjacent to the project site. 4-18 ' 1 r.� {'. d QQ 7 i L! C .:r r C m 1 N t. t. r Q .l' .t 1• ti 1 ,. j. 1. t ' 0. '1 •1 Y 1 1 7' 1. O f 7, L a a :I .t V '. 3 a !. a T a d "t Er o — N vT ma 0 LAW . - a a cc U -- O F- Z d a 3 ,r - a, O .9 aC y m IL I z : : . oc J z cc • rW C J( l I \ i - c . z co d w j o ac :y :.::Y r— ,�• -- - `� 3 E O dJ w (A J e W= L.O.. at CL /. W.-- <'. Q._ W v d :.•..:::::: cc m >- O 'Y o uQ r �, U 7_ a 1' Q _ u d _ J En h j 1. p _ h ....: :•�.•.•:.• ..� .� u ••J x '`.• ui ) o Q S W U>e F N W J J :.•) w p D u w a w W cn z Z .�•7 a4 z �D Z) o w J � WO a CL � ua1 z • ; t W o U O to O U U P4 a f' oa a 1 0 0• o 0 0 a cc Q I x i H Z } N m n U) o Q a w cca rr rr rr r r rs. �r r ar rr rr r� r r� w r �r r� r� 0.1 Active Williamson Act Contracts Williamson Act Contracts with Non-renewal Flled -_-e�, .!''`}'•i.�! -I -�•. ;a1 ,.T•Ta .aR.-A C - J -' •-•' •yam}:-'?Z•,YYIn'..h1e° / SI:3:,,-�J' �..._�. .a. vii ^.aw:.-_ —-. �,. i .�,.i�: / -(. oa �_ - - - -�1 yyr�� �- . f i`\`tr` .x y'�a.• ��`-�`� .�. .. �f F _I_ 111!x:"-.___- .�� r` I �'�I`.�`: . .PROJECT. '. I'• >� ;.� __,_. 1 SITE L-7 .i �tf..r=�`_._1 ' ' ._._ ....... it - I 1.^7r. __ _.J• _ J � .� "',�� r. 1 r _ .it . � - - LGJ, `''}4"^R:::.., ,rytf�•' �• . i.� .,� ).•. :.x.'.•fin :.,:a \Y `— -' ox .4: OL HEMEMINEu— M— (_ .. �. . . .r .�_ - 'r'� :1 .; 1 .r:• ;,S 1 i.:11.1(04 � 1 L14a, i �.�� rr It •:.- 'r F ( I tel-�% __ 1 1 JI .-T'`�•^^ \,_ + •��- I � ., 1 I JiP 7,�:TB...�►•'1/1i. � -,.. t /. ., ... . _ �... � I I '1 ��jir"- �- '� CYPRESS LAKES & COUNTRY Location of Williamson Act Contract CLUB PROJECT Lands in the Project Vicinity ' 4-20 Agricultural activities on the site include cattle ranching, horse breeding and cover crops , such as wheat. In general, the productivity of the site is rather low as indicated by the previous property owner (see Letter N). As stated above, the project site does not contain prime agricultural soils and is 685.9 acres in size. See Response B-1 for a discussion of potential conversion of adjacent agricultural lands to urban development. Because direct impacts to on-site agricultural lands were not considered significant, no specific mitigation measures were recommended; however, the project applicant would be required to pay the County Protection Fee to acquire development rights for selected important agricultural lands within the county to mitigate the project's incremental impact on agricultural lands. 4-21 STATE OF CALIFORNIA—THE RESOURCES AGENCY PETE WILSON, Govenvor DEPARTMENT OF FISH AND GAME I 1,a OSTA REGION 2 1701 NIMBUS ROAD, SUITE A RANCHO CORDOVA, CALIFORNIA 95670 Letter C FEB -s P,1 2: 05 (916) 355-7020 T' ",mt"T February 3, 1993DEVEL OrbbEPT Mr. Arthur Beresford Contra Costa County Community Development Department 651 Pine Street Martinez California 94553 Dear Mr. Beresford: The Department of Fish and Game (DFG) has reviewed the Draft Environmental Impact Report (EIR) for the proposed Cypress Lakes and Country Club project (SCH# 92023048) . The project is located on the east side of Bethel Island in Contra Costa County. The project consists of a plan to construct a large scale residential development on 638 acres of agricultural land. The proposed project consists of an 18-hole golf course, 1 , 330 single-family lots, parks, a beach club, a lake with channels, and a wetland area. Wildlife habitat conditions consist primarily of grazing lands, with small areas of ruderal habitat and wetlands. The project is adjacent to Sandmound Slough. The Draft EIR fails to adequately discuss and provide mitigation measures for the impacts caused by the project. The following are our specific concerns: 1 . The Draft EIR contains the results of a survey designed to disclose the presence of wetlands. The survey was conducted in June of 1991 , and it did not disclose the presence of extensive seasonal wetland in the grassland areas of the project site. The DFG questions the validity of findings of wetland surveys conducted during the current drought. The project site possesses a fair amount of topographic relief and could support more extensive seasonal wetlands. C-1 Contra Costa County General Plan policies state that "Seasonal wetlands in grassland areas of the County shall be identified and protected" . We recommend that additional surveys be conducted in order to determine the status of seasonal wetlands during the current "normal" rainfall period. If seasonal wetlands are identified, we recommend that the General Plan policy of protection of seasonal wetlands be extended to the project site so that the loss of wetlands is avoided. 4-22 Mr. Arthur Beresford February 3, 1993 Page Two 2 . The Draft EIR identifies the potential for the presence of several species of insects which are candidates for Federal listing. These include the Sacramento anthicid, Antioch cophuran robberfly, Antioch efferian robberfly, redheaded sphecid wasp, Middlekauff' s shieldback katydid, Antioch multillid (ant) wasp, yellow-banded andrenid bee, Delta june beetle. Many of these insects are generally restricted to interior stabilized dune habitat. The Draft EIR identifies the location of 12 acres of dune habitat on the project site and further states that this habitat may be capable of supporting one or more of these sensitive species. The Draft EIR fails, however, to provide the results of any surveys that were conducted to determine the presence or absence C-2 of sensitive species within the dunes habitat. The Draft EIR merely summarizes the habitat quality and , concludes that the likelihood for presence is "low" . This method is inadequate to protect sensitive species . We recommend that the Interior Stabilized Dunes be removed from the project design and protected consistent with Contra Costa County General Plan Policy 8-9 . If impacts to the dunes habitat cannot be avoided, we recommend that surveys be conducted which are designed to disclose the presence of sensitive species within this habitat. If sensitive species are present, the Draft EIR must contain mitigation measures which reduce impacts to a less than significant level. 3 . The Draft EIR notes the presence of burrowing owls (Athene cuniculari ) within the project site. The burrowing owl has been designated as a species of Special Concern by the DFG. However, the Draft EIR C-3 does not contain any measures which are intended to lessen impacts to burrowing owls. The Draft EIR should contain proposed mitigation measures which lessen impacts to burrowing owls to a level of insignificance. This project will have an impact to fish and/or wildlife habitat. Assessment of fees under Public Resources Code C-4 Section 21089 and as defined by Fish and Game Code Section 711 .4 is necessary. Fees are payable by the project applicant upon ' filing of the Notice of Determination by the lead agency. The applicant should be advised that work within the 100- C-5 year flood plain, consisting of but not limited to diversion or 4-23 ' Mr. Arthur Beresford February 3, 1993 Page Three ' obstruction of the natural flow or changes in the channel, bed, or bank of any river, stream, or lake, will require notification to the DFG as required by Fish and Game Code Section 1600 et seq. ' The notification (with fee) , and subsequent agreement, must be C-5 completed prior to initiating any such work. Notification to the DFG should be made after the project is approved by the * lead agency. The agreement process should not be used in lieu of specific mitigation measures to be included as conditions of project approval by the lead agency. Pursuant to Public Resources Code Sections 21092 and 21092. 2, the DFG requests written notification of the proposed C-6 actions and pending decisions regarding this project. Written notification should be directed to this office. If we can be of further assistance, please contact Mr. Bob 1 Mapes, Associate Wildlife Biologist, telephone (916) 355-7010, or Mr. Jerry Mensch, Environmental Services Supervisor, telephone (916) 355-7030 . SiXai J smer cc: Mr. Bob Mapes Department of Fish and Game Rancho Cordova, California Mr. Jerry Mensch Department of Fish and Game Rancho Cordova, California 1 4-24 Response to Letter C• California Department of Fish and Game, February 3, 1993 ' Response C-1: , A wetland delineation of the project area was conducted in June 1991. A total of 6.52 acres of seasonal wetland and 2.66 acres of drainage channels were identified. The seasonal ' wetland areas were determined to be primarily sustained by groundwater. The delineation was field-verified by the U. S. Army Corps of Engineers in September 1991. The delineation was conducted after the start of the growing season during a several year period of below normal precipitation. As addressed in the delineation report (contained in Appendix D of the DEIR), this was factored into the delineation by utilizing information from a California Department of Water Resources groundwater monitoring station located on the property. Monthly mean groundwater levels were determined over the monitoring period of record (1968 to 1990) to adjust for the time of survey during a low precipitation period. Because these adjustments were made, results from a new delineation would not vary substantially from the original delineation. Response C-2: The following response is based on information contained in the "Special Status Species , Survey" prepared for the project by Huffman & Associates in association with Virginia Dains. The Sacramento anthicid is noted from riverine dunes of Grand Island (California Natural Diversity Data Base [CNDDB]). The anthicid beetle prefers unvegetated loose sand and is not closely associated with the interior stabilized dune vegetation. The Antioch caphoran robberfly and Antioch efferian robberfly are predators that prey on other insects foraging on dune vegetation. Because the dune soils are quite disturbed on the site, the association of these two robberflys with the habitat on-site is highly unlikely. The redheaded sphecid wasp requires a supply of weevils for larval food. Locally, the redheaded sphecid wasp was last collected on Bethel Island in 1959 (CNDDB element occurrence record). This species is associated with dune vegetation but also requires loose dune sand for nesting. Because the site does not contain such habitat, presence of this species was determined to be unlikely. The Antioch multillid wasp and yellow-banded andrenid bee burrow for nesting in loose dune sand and forage for pollen, nectar or prey in the vegetated portions of sand dunes. The project site does not contain the appropriate nesting substrate for these species. The shieldback katydid is a species for which the United States Fish and Wildlife Service considers there is persuasive evidence of extinction. 4-25 1 1 With regard to the Delta june beetle, habitat associations are poorly known. ' As described above, the habitat on the project site is quite disturbed. The vegetative structure in the project dune soils consists of a single canopy of annual grassland with few isolated low shrubs. Cattle graze the area in the winter and spring, removing much of the perennial cover and leaving a surface prone to erosion. The trampling from cattle also may reduce the safety of sites for burrowing insects. Nectar-producing plants for insects are scarce in the grassland cover. For these reasons the DEIR concluded that special-status insects are not present on the site and that no specific mitigation measures are necessary. Response C-3: ' During field surveys of the project site, burrowing owls were observed on the site. ' However, due to the quality of habitat present on the site, the site does not represent important habitat for the burrowing owl. The site may provide foraging and roosting habitat, but would not provide valuable nesting habitat due to its disturbed nature (agricultural activities). In addition, there is substantial good quality habitat in neighboring areas that are outside the Contra Costa County Urban Limit Line, which would not be developed. For these reasons, the DEIR concluded that the project's potential impacts on burrowing owls and other special-status species ' would be less-than-significant, and no specific mitigation measures were necessary. Response C-4: Comments noted. These fees will be required of the project applicant upon filing the Notice of Determination. ' Response C-5: The DEIR indicates that as part of Mitigation Measure 3.4-6, page 3-98 that the California Department of Fish and Game may be required to be notified pursuant to Fish and Game Code Section 1600 et. seq. This is identified as a necessary discretionary approval at Page 3-12 of this EIR. Response C-6: Comments noted. The Contra Costa County Community Development Department will notify the California Department of Fish and Game of any actions or pending decisions regarding this project. 4-26 STATE OF CALIFORNIA—BUSINESS, TRANSPORTATION AND HOUSING AGENCY PETE WILSON, Governor DEPARTMENT OF TRANSPORTATION (- 4 BOX 23660 s^ OAKLAND, CA 94623-06W (510) 286-444 TDD (510) 2864454 � , _1; 93 PT CC-004-R34.92 ' Letter D . SCH# 92023048 CCO04330 Mr. Art Beresford, Senior Planner ' Contra Costa County Community Development 651 Pine Street Martinez, Calif. 94553 , RE: Revised Draft Environmental Impact Report (DEIR) for CYPRESS LAKES AND COUNTRY CLUB. Proposed project would consist of 1,330 single- t family residential units, a golf course, parks, and beach club. The 685.9 acre site is located in the Sacramento-San Joaquin Delta area of unincorporated north-eastern Contra Costa County, approximately 2.7 miles east of the Town ' of Oakley, and east of State Route (SR) 4. Dear Mr. Beresford: In response to the above referenced document addressing the concerns raised ' in our letter to you of 9/25/92, the California Department of Transportation (Caltrans) forwards the following comments: TRANSPORTATION/CIRCULATION On Page 3-40, under Project Trip Generation, methodology for obtaining the i p_y generated rate of 7.74 trips per single-family residence should be provided. In Table 3.2-3, Cypress Lakes - Vehicle Trip Generation, the rates or size of project component for each land use area should be given. LOBS/HOUSING BALANCE We strongly recommended that Contra Costa County promote balanced residential/commercial developments on a short term basis. The statement on page t 3-20 under JOBS/HOUSING BALANCE while encouraging, is only a minor segment of the measures needed to resolve this imbalance in the short-term: "The project D-2 applicant is proposing to market a portion of the project to retired persons which , would reduce commute traffic and the environmental impacts associated with additional housing developments in East County without comparable employment developments in the area." i 4_27 r Beresford/CC004330 January 11, 1993 ' Page 2 IR Our comments with respect to Air Qualityhave-not been addressed: D-3 "Appendix C does not provide enough information to review the air quality study. Additional receptor locations are required (25 feet from roadway may not be acceptable) for accurate analysis. Please provide Caline 4 input and output data." rPUBLIC TRANSIT ' Our recommendation that transit service be made available as soon as a D-4 reasonable number of homes are occupied has not been addressed. The developer should subsidize Tri-Delta Bus transit service or provide a shuttle service until the required 1,000 homes have been completed. We look forward to reviewing the FEIR, prior to final certification. Please send a copy to the undersigned contact person for this agency at the following address: Gary F. Adams District CEQA Coordinator Caltrans District 4 P.O. Box 23660 Oakland, CA 94623-0660 We appreciate the opportunity to work with you on this project and wish to continue close correspondence on its development. Should you have any questions regarding these comments, please feel free to contact Joe Aguilar of my staff at (510) 286-5591. Sincerely, PRESTON W. KELLEY District Director DAMS District CEQA Coordinator CC Mike Chiriatti, State Clearinghouse Susan Pultz, MTC 4-28 Sally Germain, ABAG Response to Letter D: California Department of Transportation, January 11, 1993 Response D-1: There is some misunderstanding about the trip generation rates used in the DEIR and the definition of the trips. The EIR uses the following assumptions, based on the ITE Trip Generation Manual. These trip rates were based on a project with 1,330 units, and used the logarithmic formulas in the section on single-family detached housing (Land Use Code 210). 1) Total Daily Trips (ITE Fitted Curve Rates) = 11,181 (Trip Rate = 8.41 trips per unit) 2) Total Daily External Trips (Reduced by 8 percent, Abrams Associates estimate) = 10,287 (Trip Rate = 7.74 trips per unit) 3) When other land uses are added, the Total Daily Trips - 12,017 (Trip Rate = 9.04 trips per unit) The trip rates are lower than the County recommended standard of 9.8 trips/day for several reasons. First, as the size of the residential development increases, the number of trips per unit per day (external) tends to decrease due to an increase in trips that remain internal to the development. Second, Cypress Lakes would generate fewer trips per unit than other areas of the County due to it's recreational component, seasonal use, etc. Third, development which are removed and isolated from commercial, shopping areas and schools, the number of vehicle trips per unit becomes less due to the influence of combined trips, i.e., trips that combine work, shopping, school and other trip purposes. To test these assumptions, a sample trip generation study was conducted of Discovery Bay on Highway 4 west of Brentwood by Abrams Associates in February 1993. These studies show that the p.m.peak hour at Discovery Bay(5:00-6:00 p.m.)geni erates approximately 1,150 vehicles trips. The total number of occupied units in Discovery Bay is 2,385. This equates to a trip rate of 0.48 trips per unit during the p.m. peak hour, and a daily trip rate of 5.67 trips per unit. The Discovery Bay project includes a golf course and internal commercial development, The Cypress Lakes project would have similar characteristics. If the Discovery Bay trip rate is 5.67 external trips per unit, then the estimate of 9.04 trips.per unit for Cypress Lakes could be considered to be relatively conservative. Abrams and Associates feels that the trip generation assumptions for Cypress Lakes are prudent and conservative basis on which to evaluate the traffic impacts of the project. There is no evidence to suggest that a rate of 9.8 trips per unit per day would result in a more accurate portrayal of this project. To measure the effects of a change in trip rates, the traffic impacts have been tested using an assumption that each unit generates 10 vehicle trips per day, and that all trips will be external to the project. The following discussion describes the results of this assumption, and the changes that would occur to the traffic impacts and mitigation measures. 4-29 ' Trip Generation ' If a trip rate of 10 trips per unit is used, the result will be that the entire project would generate 15,030 vehicle trip ends per day, with 1,061 trips occurring during the AM peak hour and 1,493 trips during the PM peak hour. This compares to the 12,017 trips per day that were ' used in the EIR. Trip Distribution If the higher trip generation rates were used, the traffic volumes to be distributed to the network would be as shown in the following table. The largest portion of the trips are assigned 1 to and from the direction of the local areas neighboring the project, which included Antioch, Pittsburg, Oakley, and Brentwood. Other trips may travel in the direction of Bethel Island, Stockton, Rio Vista, and Alameda County. The majority of the traffic, 628 total trips during PM epeak hour (42%), is assumed to use Highway 4 as the main commuting route, and some portion of the traffic will use the other local streets within Oakley, 344 trips (28%), and Brentwood, 209 trips (14%). Cypress Lakes Trip Distribution ' (Using Higher Trip Generation Rates) Si:::: ::I:i'::: jj}} i::.:::ii'i:':}X$:vv;ii::i :+??:i}ii::':::::::+::::i'':`::::i::':`:}?:!:::::::ii::::::::i::::::::::::L:::::'•�� iiii};: .......................................... ......: .... ;.:•.. . :'........;:.;:.:::. :.;•.:.::..;..;':::;: i:::;;::;.:I O E:>:<>::;:<:t*MI::: L►$I :::::::>:::<:::>::: 11 :.f ealc::»:::<::...... . ......t' ace t.: i`: i...::.::.;:.:: ''.:.. ....:.:.::..:........................................................................:....:......::::..::::::: ......................................... ........ ... << < t <> North to Bethel Island 4% 601 37 22 59 SHighway 4 to 42% 6,313 394 234 628 Antioch-Pittsburg ' Local Trips into 23% 3,457 216 128 244 Oakley Local Trips into 14% 2,104 131 78 209 Brentwood Highway 4 toward 8% 1,202 75 44 119 Stockton Highway 160 toward 4% 601 37 22 59 ' Rio Vista Vasco Road toward 5% 752 47 28 75 ' I-580 4-30 Intersection Capacity Results The following tables shows that effects on the AM and PM peak-hour Levels of Service , if the higher trip-generation rates are used. The data is shown for each of the six local intersections that are most directly affected by the project. Beyond this area, the number of peak- hour trips that would result from using the higher trip rates is very low, and would not affect the , traffic-capacity calculations. Volume/Capacity Ratios and Level of Service Comparison of Existing and Future Conditions : < ><; t < 'o .. .. `>'ksin ..Pro e�ted. .t3s ..:L...... :>:l >< :r .......... .................................................. :::::>::::<:»:: . »..... »......'fk'i Rat >[> > > >><:... .i .. . .. o:.. )CntnaesectlCoutitctt .. ::::::,.:::..:::......... ................................: :: :.P:::::::::::.::::::::::. 1Bethel :Island Road N-:Sig»: A/ A/A 0.30/A OAOIA .40/A 0.52/A at Cypress Road 2 Bethel Island Road St-St A/A A/A B/C B/C B/C B/C , at Gateway Road 3 Jersey Island Road St-Sig A/A A/A 0.44/A 0.50/A 0.49/A 0.57/A and Cypress Road , 4 Knightsen Avenue St-Sig A/A A/A 0.46/A 0.54/A 0.51/A 0.61/B at Cypress Road 1 , 5 Sellers Avenue at St-Sig A/A A/A 0.61B 0.59/A 0.66B 0.67B Cypress Road 6 State Route 4 at Sig-Sig 0.26/A 0.26B 0.40/A 0.78/C 0.44/A 0.81/1 , Cypress Road r n ' The results of using the revised trip generation rates can be seen in the above table. At each of the intersections, the V/C ratios would increase, with the amount of the increase getting , smaller as the distance from the project increases. The result of the change is that there would be no difference in the type of impacts and mitigation measures being required. If these higher trip rates occur, the timing of when the need for mitigation measures would occur would be sooner, but the nature and extent of the mitigation would be the same. 4-31 , Response D-2: Comment noted. No response necessary. The comment addresses the land use designations and policies of Contra Costa County with regard to this site which is not the subject of this DEIR. ' Response D-3: ' The purpose of the CALINE 4 analysis in the DEIR is to forecast carbon monoxide levels given changes in traffic volumes and congestion conditions under uniform assumptions regarding receptor location. While receptors closer than 25 feet (8 meters) from the roadway would ' provide higher estimates of concentration, the 25-foot distance was selected as the closest distance where a commercial or residential land use might result in a continuous 1-hour or 8-hour exposure. It should be pointed out that a location 25 meters from each street near an intersection is considerably less than 10 meters from the curb when curb returns are considered. The CALINE-4 input and output files are provided in Appendix A of this FEIR. Response D-4: ' Comments noted. Transit service to the Cypress Lakes area and Bethel Island is desirable. However, it would provided only when the density of development could support it, ' and when Comments noted. Transit service to the Cypress Lakes area and Bethel Island is ' desirable. However, it would be provided only when the density of development could support it, and when the service could be cost-effective (see Mitigation Measure 3.2-6). These decisions will be made by the local transit agency (TriDelta Transit) when it is found that such service would be justified. ' 4-32 STATE OF CALIFORNIA PETE WILSON,Governor STATE LANDS COMMISSION F.u�i A EXECUTIVE OFFICE 1807- 13th Street , LEO T.McCARTHY, Lieutenant Governor Sacramento,CA 95814-7187 GRAY DAVIS, Controller �J�`� 3' 2$ THOMAS W.HAYES,Director of Finance CHARLES WARREN -v Executive Officer ' February 1aEl =MIEEN T DEPT Letter E File Ref.: 90-10-23 ' Ms. Carol Whiteside , State Projects Coordinator The Resources Agency ' 1416 Ninth Street, Room #449 Sacramento, CA 95814 Mr. Arthur Beresford ' Contra Costa County Community Development Department ' 651 Pine Street, North Wing, Fourth Floor Martinez, CA 94553-0095 Dear Ms. Whiteside and Mr. Beresford: ' Staff of the State Lands Commission (SLC) has reviewed the Revised Draft , Environmental Impact Report (DEIR) for the Cypress Lakes and Country Club Project (SCH #92023048). Staff finds that the revised DEIR does not address the SLC's concerns as , enumerated in our October 1, 1992 letter. We, therefore, incorporate our previous letter by this reference and request that the issues therein be resolved and analyzed , appropriately. If you have any questions, please contact me at (916) 322-7827. ' Sincerely, _ Dwigh . Sanders , Chief, Division of Environmental Planning and Management cc: Mary Griggs Elizabeth Patterson 4-33 ' STATS Of CALIfQPAI• OWCUTNti OFFICE STATE LANDS COMMISSION 1S07.13th S~ LEO T.MCCARTMY. L,eurenenl Gurnrrrv, georewwr e.CA 011#14.7197 GRAY DAVIS. conrrollwr CHARLEB WARREN THOMAS W."AYES.Dlreeror o/Finonee Es6tUdYe p}tjftr October 1, 1992 Poet-IVO brood tax trSnsmittsl memo 7M r.1~6► Ms. Carol Whiteside: Iftwh�Tes e 04t FPS ' State Projects Coordinatoro. S L 'I'he Resources Agencv ,. � 1416 Ninth Street, Rooth #449 age *0 Sacramento, CA 05814 —0,9 Mr, Arthur Beresford ' Contra C ostu County Community Duvclopment Department 651 Pine Street, North Wing. fourth floor ' Martinez, CA 94553 - 0095 ' near tits. Whiteside and :Ltr. Beresford: Staff of the State Lands Commission (SLC) has reviewed the Draft Environmental Impact Report (DEIR) for the Cypress.Lakes and Country Club Project Plan (SCH #9.023048). Under California Environmental Quality Act (CEQA), the County is the Lead Agency and the SLC is a Responsible and/or Trustee Agency for any activities which may directiy or indirectly affect sovereign lands and their accompanying public trust resources. The staff of the State Lands Commission previously commented to the Notice of Preparation in our letter dated March 20, 1992 and in previous Correspondence of November IS, 1990, each of which Is attached and incorporated herein by this reference. The Ina.tturs that N-c addre:;.sed have nut-Imea resUlved in Llle project as dc%crihcd in the Draft CIR. SLC JURISDICTION ' The last natural lied of Sandmound Slough traverses the subject property. This tidal Slough is sovereign property of the State of California and as such did not pass to the patentee of the adjacent Swamp s Overflowed Surveys. In addition, historical maps E-i of the area depict the majority of the property at or below sea level and thus potentially subject to the public trust for commerce, navigation and fisheries. Any evaluation of this ' project mast consider the presence of the Public Trust and analyze the proposal for consistency with its strictures. 4-34 Ms. Carol Whiteside Mr, Arthur Rcrc%ford , October 1, 1992 Page Z GENLP.%L COMMENTS As provided by 415096(h)(2), the SLC as a Rcbponsible and Trustee ,Agency, responded to the Notice of Preparation (NOP). Iii addition to the issues and analysis identified in the IOP, we identified twelve(12) specific; topics for analysis which we hclieved to be essential fur incivaiurt in the draft environmental impact report (DEM). Paragraph one of the SI.0 letter scutes State ownership of portions of the subject E-2 property. The DEIR fails to discuss the implications of this ownership with respect to limitation on the project and 111C projects effects on Public Trust resources. It is E-s essential, as we have indicated in comments on the Bethel Island Specific Plan, for local government planning efforts to ensure that 1) prior to development plan review and consideration far approval, the State's interest shall be identified. The applicant should be notified early in the=p=anning process of such interests to avoid pAlditivnal expcu.%c in ' redesigning projects to avoid uses of the State's lands that are inconsistent with the Public i'rust Doctrine. 2) prier to site planning, the local jurisdiction should develop a constraints and opportunities mar which indicates the State Lands affected and provides for planning approaches that protect the Public Trust resources. Prior to the issuance of building permits, the County should require the applicant to provide evidence of a legal right, interest, or other entitlement to use the property for the proposed development. Our letter of March 20, 1992, paragraph one, also requests that the DEIR discuss ■ the project's relationship to the development to the Oakley Specific Plan. There is no ! such di.cussion in the document. The failure to discuss this issue deprives the public and E-3 decision-m.- kers of the neccs;ary analvsis and assessment of the effects of this project on ' public services. l=ath of these projects should he discussed in the context of the recently udupted General Platt to cvaivate consistency between the projects and consistency with the General Plan. Paragraph two of our lcttcr rccommended the preparation of one EIR to analyze the project and other proposed developments for Hotchkiss Tract as well as the Usher Landing development, all of which are proceeding through the County's process E-4 concurrentiti. The cutnulutive analysis within the document is lacking the detail to provide an adequate level of analysis of the regional impacts of the known projects, in part as a consequence of addressing this project in isolation. The decision to prepare separate documents is also more costly for applicants. We alsu indicated, ParaBra h 3 that the DEIR should include a emunraints P E-5 analysis bisect on identified issues to facilitate the consideration of alternatives and alternative project designs. It is well established planning technique to mao the nroiect civm 4-35 vcwocr �, iyy� Page 3 public rights of ways, public ownership among others. The DEIR fails to provide this ' alternatives discussion. Res,oarce agencies are particularly mindful of the aanstraints on Delta lands and seek thorough discussion prior to cunuilitting public resources such as E-5 floud control to deveiopment. This alternative discussion may yield the "environmentally superior alternative" required under Section 15126(4)(2) of the State CEQA Guidelines which would enable the public and decision-makers to weigh the benefits and impacts of the development of scmitive lands and resources. Paragraph four requested a cumulative analysis with specific components that recognizes the Delta as a region all projects that through their activities may affect this region in part or in whole should reference the cumulative affects. Recent federal and state programs (SEEP/CCMP and Delta Protection Act) identify the Delta as part of the KK-5 San Francisco Hay/Delta Estuary for which resource management plans and water quality programs are being developed. The resource impacts of the proposed project must be include in the calculations of habitat loss, water diversion, non point source pollution, ,air pollution and constraints on the estuary functions. 7be DEIR fails to provide this analysis. In addition to the above, the DEIR should discuss water supply In sufficient detail that water rights are cieurly identified and that any commitment of is water supply to this project is consistent with established water pemits. The document indicates that a '-will E-7 serve" letter has been obtained from the Oakley Water District, but there is no indication that the District has sufficient entitlements to provide such water. If it does not and additional supplies :mast be obtained, the indirect impacts of same must be discussed in this document. ' The DEIR per paragraph 6 of our March Pith letter, should discuss the requirements of Government C:ode Sections 66478.5 and 66478.4, and how the project applicant proposes to contpn. The two sections are indeptzrdent requirements of the Subdivision Map Act and both must be addressed. In limited circumstances, a local agency, upon appropriate findings, may determine that an applicant need not provide access through the subdivision to the waterway. Under Section 66478.8 that access must E-8 be "otherwise available within a reasonable distance from the subdivision". Under the holding in Kern River Public, Access Committee v. City of Bakersfield (1985) 170 CA 3d 12(15, the findings allowed by Section 66478.8 do not a_pplx to the provisions of Section 664711.5. Therefore, the applicants must provide access along the waterway out of their fee lands. Access through the :subdivision to the river easement may only be waived if the provisions of Section 66478.8 are mct. 1 Within the context of paragraph 9 of our response to the NOP, we are concerned E-9 that the area designated for the creation of additional wetlands and those existent 4-36 Ms. Carol \Whiteside Mr. Arthur 8cresfcird October 1, 1992 Page 4 wetlands surrounded by fairways 3 and 4 could be advet;eiy affected by the activities on , the course as well as the maintenance of the counae. What measures or procedurm exist to protect the wetlands from adverse effects of fertilizers, herbicides and pesticides that E-9 will be used in golf cuune operations? How will huntan activities on the adjacent areas affect the u.Ke of the area by wildlife? Neither the document in its body nor the material in Appendix E address these and related issues on which the effectiveness of the proposed mitigation and the protection of existing resources depend., It is further unclear as to whether the proposed mitigation comports to the County's "no net foss" policy of wetlands. Reference is made within the document to the CountyGeneral Plan standards dards E-10 which coordinates with East Bay, Regional Parks District (p.3-IN9), but no specific reference tics the project to the trail system. We sire concerned with the document's lack of response to our responses to the NOP circulated for its. preparation. We believe our response conforms to the provisions of Section 15096(b)(2) of the State CEOA Guidelines which states in part: "the reply shall specify the scope and content of the environmental infornuttion which would be Scrmane to the responsible a�cnc%'s statutory responsibilities in connection with the proposed projeci. The lead a-venq S,haLl include this information in the UR" (emphasis added) As we have indicated herein, the document noes not meet this requirement. For funhei information, contact Elizabeth Patterson (916) 327.4035 or me at (916) 322-7827. Sincerely, r 'r 1. wi{ ` g . Sanders Chief, vision of Environmental Planning and Management f Attachments cc: Elizabeth Patterson Duncun Simmons Mary Griggs OPR 4-3? ' Response to Letter E: State Lands Commission, February 16, 1993 1 Response E-1: On numerous occasions, the County has requested the State Land Commission (SLC) to ' provide evidence of its potential ownerships of lands in the Bethel Island Area. The first request was made during the review of the Bethel Island Area Specific Plan. The most recent request was made by Planner Byron Turner dated May 4, 1992 in response to the SLC's comment on the Notice of Preparation dated March 20, 1992. As of today's date, the SLC has not provided any evidence of its ownership interest in the project area. The SLC's letter dated June 19, 1992 in response to Byron Turner's letter dated May 4, 1992 states that it may have an interest in ' lands proposed for a levee breach or lands with waterward boundaries. The Cypress Lakes and Country Club Project does not propose a levee breach nor does it abut any waterways. ' Title reports have been prepared on the project site. These title reports show no evidence of any potential ownership interest of the State. This determination was based on research and review of the U.S. Geological Service maps. The DEIR discusses the State Lands' jurisdiction with respect to this parcel at page 3-3. ' Response E-2: Please see response above. The applicant has appropriately demonstrated through its title reports that the Sate has no potential ownership interest in the project. This discussion appears in the DEIR at page 3-3. Response E-3: An Oakley Specific Plan does not exist. At one time there was the Oakley/North Brentwood Area General Plan (December, 1989). This Plan has since been repealed by the Board of Supervisors. However, the DEIR does discuss the project's cumulative impacts with respect to projects in the Oakley area, in addition to other areas. (See DEIR at pages 5-2 to 5-7). ' In addition, the DEIR discusses the Cypress Lakes project's consistency with the General Plan under each topic heading. Since the DEIR was prepared for the Cypress Lakes project, it need not contain a discussion on consistency of other projects with the General Plan. Response E-4: ' At the present time, the Cypress Lakes and Country Club project is the only project being actively processed on Hotchkiss Tract. The DEIR discusses the projects on file with the County in the Hotchkiss Tract area at pages 5-2 and 3-21. Due to the streamlining timelines regarding application processing in state law, the Cypress Lakes project could not be forced to wait for the other projects before environmental review could occur. In addition, CEQA does not require the preparation of one project EIR for the entire Hotchkiss Tract Area. Such preparation would 4-38 prove to be infeasible since all projects in the area are not proceeding at the same rate and are ' owned by different individuals. Response E-5: ' An adequate alternative analysis appears at pages 4-1 through 4-17 of the DEIR. Please ' note that the design of the project changed in response to the comments on the Notice of Preparation and the first DEIR. These changes are more thoroughly discussed at pages i and 1-1 of the DEIR. The alternative analysis focuses on and discusses various resource constraints. For , example, under each alternative there is an analysis regarding constraints relating to vegetation and wildlife (which includes wetlands), and geology, seismicity and soils (which includes discussions on seismic and flood hazards, soils and a rise in sea level). The potential for urban- , type development in the Bethel Island area is recognized in the County General Plan and the General Plan identifies internal levees as one option for removing the area from the flood hazard zone. This proposed project is proposing to implement the land use objectives of the County , General Plan for the Bethel Island area. Response E-6: ' The DEIR recognizes the project's impact on the Delta to the extent they are applicable. The project would not have a significant impact on the Delta since it does not contain a levee ' breach and does not directly abut the waterway. The DEIR does discuss the project's relation to the Delta Protection Act at pages 3-16 and 3-26. In addition, the project includes water quality management plans to maintain acceptable water quality within the lake/channels proposed ' on site. When water would be pumped off-site, such as during the 100-year storm event, the water would be pumped into Sandmound slough. The quality of this water would be required ' to meet the County's NPDES permit requirements as recommended in Measure 3.7-17 at page 3-146. The proposed water quality management plans appear to be adequate to meet these requirements. Response E-7: Refer to Responses R-11 through R-14. ' Response E-8: ' Sections 66478.4 and 66478.5 only address subdivisions that front upon a public waterway, river or a stream. The Cypress Lakes project site does not front upon a public ' waterway, river or stream. 4-39 ' Response E-9: ' Wetland areas on the site would be protected from adjacent recreational and residential activities through the use of upland buffer areas around each site. The upland buffer areas would be a minimum of 50 feet wide within which human activity would be restricted. Specific methods for management of the wetland areas on the site would be contained in the final Habitat Mitigation and Monitoring Plan and made conditions of any U.S. Army Corps ' of Engineers permit (see Mitigation Measure 3.4-5, page 3-97 of the DEIR). The project's conformity with the County's policies for "no net loss" of wetlands is addressed in the DEIR on pages 3-95 and 3-96. Response E-10: The DEIR's reference to the East Bay Regional Park District appears at page 3-181 as Implementation Measure 9-s from the General Plan. This measure does not require the project ' to connect its trails to those of the East Bay Regional Park District. Moreover, the East Bay Regional Park District does not have any trails in the project vicinity. Please note that the proposed project includes a variety of pedestrian and bicycle trails to be constructed on the project site. ' 4-40 f � 4.3 LOCAL AGENCIES 1 4-41 1 1 i 1 1 1 1 1 1 i 1 1 1 ' 4fC CONTRA COSTA COUNTY LOCAL AGENCY FORMATION COMMISSION 651 Pine Street,Eighth Floor • Martinez,CA 94553 (510)646-4090 • FAX(510)646-2240 C MEMBERS ALTERNATE MEMBERS 1 Michael Menesini Jeff Smith Gayle Bishop EXECUTIVE OFFICER Martinez City Council County Supervisor Alternate;County Supervisor ANNAMARIA PERRELLA Don Miladinovich Tom Toriskson Joseph CaneiamiW 1 Public Member County Supervisor Alternate;Pittsburg City Council Gayle B.Uilkema Lafayette City Council Alternate:Public Member Q' N W Letter F _ `— February 10, 1993 1 � N U� v W LU 1 �.. r•7 �: Art Beresford, Senior Planner ati From: Jim Cutler, LAFCO Planning Advisor VW� Subject: Draft EIR - Cypress Lakes & Country Club Project 1 Thank you for the opportunity to review the DEIR on the subject project. On September 25, 1992 we forwarded a 1 response to a prior Draft EIR on this project; most of the comments found in that letter have not been dealt with in this document and therefore, they are restated 1 and clarified below. The County General Plan conformity with this project is not clearly described.1 The Agricultural Lands designation has a one-unit per five-acre minimum requirement. The Bonus F-1 Density provision of allowing up to three-units per acre appears to be inconsistent with the Ag Lands designation. 1 Especially since the purpose of the Ag Lands designation is to preserve ag lands. The County GP discourages leap frog development. The Final ' F-2 EIR needs to describe why this project is not to be considered leap frog development from Oakley. Especially if it is to be served by Oakley service districts. Page 3-2 indicates that the project is located in a largely agricultural area and page 3-1 indicates that the site is 1 largely agricultural but "these lands have marginal agricultural productivity" and are classified as "non-prime" . F-3 Grazing land has agricultural value; the existing agricultural uses of the property need to be more fully 1 discussed. LAFCO legislation requires the consideration of the conversion of open space lands to urbanization, in addition to the loss of prime agricultural lands. The loss of non-prime lands may also be considered significant. 1 4-42 -2- The discussion of fire facilities beginning on page t 3-167 indicates that the Bethel Island Fire Protection District urges that the entire project should be served by one fire district. The area is presently served by ' both the Bethel Island and Oakley Fire Protection Districts. The analysis fails to explore the impacts on the Oakley District if the area is to be detached from that F-4 district; the final EIR needs to do this. Additionally, ' both these districts are volunteer based. The implications of the ability of volunteers to adequately staff what would increasingly become an urban area needs to be discussed in , the Final EIR. A mitigation measure which discusses a more fully paid fire-fighting staff should be considered. The site is discontiguous from the existing Oakley , Water District and the Contra Costa Water District boundaries by over a mile. The implications of annexation to those districts, especially in terms of growth-inducing impacts, needs to be analyzed in the Final EIR. Has the CCWD agreed to this annexation? The presumption that LAFCO would modify its spheres of ' influence or district boundaries for a discontiguous annexation such as this may not be warranted. F-5 ,The FEIR needs to analyze these growth inducing impacts in light of the CCWD's Los Vaqueros Phase 2 DEIR. It is that District's EIR's contention that it will not provide water service beyond the planning area for ' Oakley which is described in that EIR. That would imply this site couldn't be served to the site from the OWD-CCWD Randall-Bold Treatment Plant. This conflict in EIR information needs to be clarified. Page 3-200 states that the Ironhouse Sanitary District ' is in the process of expanding its SOI to annex all F-6 lands between the former CCCSD 15 and Oakley Sanitary District. This may not be technically correct and needs to be clarified in the Final EIR. , jimc. , 1 1 j 4-43 ' 1 Response to Letter F• Contra Costa County Local Agency Formation Commission, February 10, 1993 Response F-1: The comment appears to question the General Plan designation of the project site and the policies of the overlay land use designation of the Off-Island Bonus Area. An evaluation of the County's Off-Island Bonus Area policies with the underlying Agricultural designation is not the subject of this EIR but rather the EIR on the County's General Plan. The project's consistency with the policies of the Off-Island Bonus Area was reviewed and the project was determined to be consistent. The General Plan specifically recognizes a lake community and a golf course as recreational amenities consistent with the Off-Island Bonus Plan. ' Response F-2: The General Plan and the Off-Island Bonus Area already specifically allow development in this location. Moreover, the County General Plan designates lands between Oakley and Bethel iIsland for residential, commercial and other development. It just happens that the Cypress Lakes project is the first proposed in the area. The County Development Department has received other ' applications for development in the Bethel Island Area which are being actively processed. All but a small portion of the project site is within the Ironhouse Sanitary District. Will ' serve letters have been provided by both the Ironhouse Sanitary District and the Oakley Water District. ' The only area designated for recreational development in the General Plan is the Hotchkiss Tract area. The County has limited recreational development in this area and is encouraging such development through the designation of the site for recreational uses. Response F-3: ' The removal of the project site from agricultural production (primarily grazing) would not be considered significant because soils in the project area are not considered "prime." However, as indicated in the DEIR (page 3-17), the conversion of the project site to urban and suburban uses would contribute to the incremental loss of agricultural land throughout Contra Costa County. However, such loss has been substantially limited through establishment of the Urban Limit Line, the 65/35 Land Preservation standard, and the agricultural core areas. Also see ' response to Letter B. ' 4-44 Response F-4: The text on page 3-168 of the DEIR described the professional opinion of the Bethel Island FPD chief that Hotchkiss Tract should be annexed to the Bethel Island Fire District. The DEIR does not make a specific recommendation regarding annexation because the site could be served by both districts, although it may be preferable for the project to be served by only one district. With regard to fees and staffing, Mitigation Measures 3.9-1 and 3.9-2, on page 3-170 of the DEIR address the payment of fire district fees and possibly the need for an augmented funding source. Consultations with both fire districts have indicated that both districts could staff the station. Response F-5: The Oakley Water District has envisioned annexation of the Bethel Island Planning Area ' in its Master Plan (dated October 1991). The District's assumptions regarding cumulative growth and future annexations are addressed in the Master Plan. Since the District envisions annexation of this area into its Sphere of Influence and has provided the project applicant with a "will serve" letter, the District is agreeable to annexation of this site. Issues of whether to annex all areas between the Oakley Water District's current Sphere of Influence and the project site or only the ' project site is a determination for LAFCO. To reduce the potential for growth inducement, LAFCo could consider annexation of only the project site to the District. Also see Growth ' Inducement discussions in the DEIR, Pages 3-9. As noted on page 3-196 of the DEIR, CCWD may be able to accommodate minor sphere , of influence changes without compromising project goals. The proposed project's demand would be considered minor. Also see Responses R-11 through R-14. Response F-6: ' This comment is unclear in that it does not identify what is incorrect in the DEIR. ' However, the discussion on page 3-200 of the DEIR addresses the Ironhouse Sanitary District's proposed Sphere of Influence which would consolidate the former Central Contra Costa Sanitary District's Sphere of Influence with that of the Ironhouse Sanitary District, as well as some additional lands. The project site is almost completely within the Ironhouse Sanitary District, with the exception of several small areas. The District's proposed annexations would include these small areas. 4-45 , Letter G SHERIFF-CORONER Contra Costa County P.O. Box 391 Martinez , CA 9455r January 6, 1993 To: Arthur Beresford Community Development Department From: Reed L. McDonald, Sheriff 's Fiscal Officer Subject: Draft E. I .R. Cypress Lakes '& Country Club Project 1 --------------------------------------------------------------------- Since my name was mentioned on page 3-1 .11 of the report I am commenting G-i on what I think are incorrect statements in the POLICE PROTECTION SECTION. The contact person and liason for the Sheriff 's Department in regards to E. I.R. impacts and assessments is Lt. Parsons. Page 3-171 , 1st Paragraph, Sentence #4 In the future, Delta Station will be under the supervision of a G-2 sergeant, rather than a lieutenant. This seems to be an opinion, rather than a fact. I don 't know where the author got this information. Page 3-171 , 33rd Paragraph, Sentence #1 Police protection services are funded almost exclusively through the G-3 Special Districts Augmentation Fund from the County General Fund. This is, in my opinion, not a factual statement. The County Auditor appears to be the source for this statement. Page 3-172, last Paragraph The costs of the increased services would be paid from the Special Districts Augmentation Fund, which is a part of the County 's General Fund allocated for police protection service in the unincorporated areas and distributed on an as—needed basis. This again seems to be an opinion, rather than a fact. It is my G-4 understanding that the Special District tAugmentation Fund is separate I A - and distinct from the County General Fund. Additionally I do not think it factually correct to state that the costs of increased services would be paid from the Special District Augmentation Fund, as that fund is allocated by the County Board of Supervisors, and any portion of that fund may or may not be allocated for police protection at the discretion The same is the County General Fund. of the Board. true of 4-46 Response to Letter G: Contra Costa County Sheriff-Coroner, January 6, 1993 Response G-1: Comment noted. Reed L. McDonald's name has been removed as a reference for information contained in the Revised DEIR. Response G-2: Refer to Response H-1. Response G-3: Comment noted. The first sentence of the third paragraph on page 3-171 of the DEIR is hereby deleted. Response G-4: Comment noted. The last paragraph on page 3-172 of the DEIR is hereby deleted. 4-47 ichard K. ` Sheriff-Coroner Contra SHERF-CORONERy P.O. Box 391 Costa Assistant Sheriff Warren E.Rupf Martinez, California 94553-0039 (510) 646- County Gerald T.Mitoslnka Assistant Sheriff Rodger L.Davis Assistant Sheriff Letter H O @ 0 2 519g3 January 25, 1993 CONTRA COSTA COUNiY APPLICATION&PERMIT CES`' ' Mr. Scott Steinwert Project Manager Public Affairs Management 101 The Embarcadero, Suite 210 San Francisco, CA 94105 RE: CYPRESS LAKES AND COUNTRY CLUB PROJECT: DRAFT ENVIRONMENTAL IMPACT REPORT (PAM Project #363) Dear Mr. Scott: Thank you for the copy of the Contact Report. I do not recall this or any conversation with Jo Julin of PAM. Is it possible that an attempt was made to contact me, the report started, and another persons' remarks put down? Regardless, the statement in the EIR indicating that "In the future, Delta Station will be under the supervision of a Sergeant, rather than an Lieutenant" , is not factual. The staffing of the Sheriff's H-1 Department is contingent upon the annual budget as adopted by the County Board of Supervisors. I would ask that you delete any reference to me as a source of information in your EIR. 1 Sincerely, WARREN E. RUPF, SHERIFF-CORONER Reed L. McDonald Sheriff 's Fiscal Officer cc: Sheriff W.E.Rupf ' Art Beresford, Community Development Department 4-48 AN EQUAL OPPORTUNITY EMPLOYER Response to Letter H: Contra Costa County Sheriff-Coroner, January 25, 1993 Response H-1: Comment noted. The last paragraph on page 3-170 of the DEIR has been amended as follows: POLICE PROTECTION EXISTING SETTING Existing Services ' Police protection services throughout the Planning Area are provided by the Contra Costa County Sheriff's Department, which is headquartered in Martinez and has a station house (Delta Station) located at the junction of Acme Street and O'Hare Avenue in Oakley (see Figure 3.9-1 of the DEIR). The Planning Area is covered by one beat, Beat 31, operating out of the Delta Station. The Station is staffed by one lieutenant, five sergeants and 23 deputies and has a total of 13 patrol cars. Five deputies, working in shifts, and a patrol car are assigned to Beat 31, with one deputy patrolling at any one time. In addition, the County Sheriff's Department operates a marine patrol which consists of two deputies. 1 the future, Delta Station .ill beunder- thes if a—se , rather- than a lieutenant. lith-- _t_FF �.hanges may he ..�..�ie �...nt:n..ent »non the outeeme of the --o - ---o-` - -nom o- -a - cuffent County and State budget PFOCeSs. The staffing of the Sheriffs Department is contingent upon the annual budget as adopted by the County Board of Supervisors. (Sgt. Phil White, personal communication May 7, 1992, Reed McDonald, per-s Ee^ . gen August 7, 1992). Police work within the area covers a wide spectrum of problems, including responding to disturbance calls, fights, threats, burglaries and robberies. At present, the Department feels that the degree of service needs to be strengthened, and that any further development in the area may tax the service beyond its available capacity. 1' 4-49 Land Planning Consultants INC. to 239 MAIN STREET, SUITE E ■ PLEASANTON, eA 94566, ■ (510)846-7007 ■ FAJ�;(510)*46-53bf ' 4 v ,..! y fi Letter I '~: January 28, 199371 Mr. Arthur Beresford Contra Costa County Community Development Department 651 Pine Street, North Wing - Fourth Floor Martinez, CA 94553-0095 RE: Cypress Lakes and Country Club Dear Mr. Beresford: Pursuant to our review of the revised Draft Environmental Impact Report (DEIR) for the above project on behalf of the Liberty Union High School District, we have the following concerns: 1. The report correctly identifies the current enrollment condition at the District's existing campus located in Brentwood. Additionally, it identified the enrollment projections for the next five to six years, establishing the need for the District to construct a new school facility in the near future. tIt is unforseen that a new facility can be built at the District's Neroly Road and O'Hara Avenue site in Oakley within a time frame to eliminate sever overcrowding at the Brentwood facility. The problem is compounded further in that no construction funding source currently exists other than the collection of Developer Impact Fees, as identified in the DEIR. The report estimates that this development will require approximately 20% of the District's new school facility. This equals to a financial obligation associated with Cypress Lakes of 6.8 Million Dollars, excluding property costs. With the recent increase in Developer Impact Fees and the adoption of the SB 1287 fee collected at the full $1.00 per square foot, the District is estimated to collect 3.9 Million Dollars at completion of the.project. This represents a short fall in full mitigation of 2.9 Million Dollars. The District is reviewing all alternatives for funding and has an application to the State for a funding match to complete construction documents for the new school. The District can not submit a Phase III application for State school construction funds until construction documents are prepared and approved by the Office of State Architect. The District is not expected to collect enough Developer Impact Fees or SB 1287 fees to support the match needed to complete construction documents. As can be seen by this short term funding need, revenue from fees will not be adequate in total or received in a timely manner to fully mitigate the District's needs for construction funding. The facility can not be built, or can a commitment to build the facility be made until an adequate funding source agreement is executed. General Plan Goal 7-AR, illustrated in the DEIR on page 3- 176, clearly states ...'To assure that school facilities are adequate or committed to be r Sewing Public Agencies 4-50 Page 2 Mr. Arthur Beresford January 28, 1993 adequate, prior to approvals of major applications for residential growth." Therefore, the mitigation measures identified in the DEIR relating to the collection of"fees"at the time of issuance of building permits are inadequate and do not meet the goals of the County's General Plan. The project's mitigation measures should reflect available classroom capacity concurrently with the need generated by residential construction. The quality of the community and/or subdivision is reflective of the quality of the school system within that community and/or subdivision. Without facilities, the District will be limited as to the educational program it can offer. The importance of this correlation is evident by the Policy and Goals established in the County's General Plan.: Realizing that use DEIR fu'd' realizes the impact-this project will have on the school district, it should also correctly realize the mitigation measures required on behalf of the school district and be consistent with the General Plan. 1 For these reasons, realizing that the DEIR fully identifies the impact this project will have on the District, the District requests that the mitigation measures stated in the DEIR be amended to reflect full mitigation needs, consistent with the General Plan. 2. The DEIR states that in addition to fees, school districts would also realize an increase r in property tax revenue based on the change in land use and development. This statement is misleading in that the State offsets their funding revenue to school districts proportionally to increased tax revenue. This increase in property taxes will i have no direct influence on the amount of funds received by the District for annual operating expenses in as much as the State sets annual revenue limits. Sincerely, Laird Neuhart , cc: Dr. Philip White, Liberty Union High School District 4-51 1 Response to Letter I: Land Planning Consultants, January 28, 1993 Response I-1: Comments noted. With the adoption of Senate Bill 1287, the maximum developer impact fee that can be levied by the school districts cannot exceed $2.65 per square foot. The project applicant will be required to pay the maximum school impact fee allowed by State law. However, as noted in Mitigation Measure 3.9-6 on page 3-179 of the DEIR, additional fees may be mutually agreed upon by the applicant and the district. Mitigation Measure 3.9-5 on page 3-179 is modified to add the following to the end of the mitigation measure: The applicant and the school districts shall enter into a short-term funding agreement prior to recordation of the subdivision map. The agreement shall ensure that matching funds are provided for the completion of construction documents necessary for the districts' application(s) for State funding. The amount of short-term funding would be credited to the applicant's full school impact fees which are paid upon issuance of building permits. r l I 4-52 RECLAMATION DISTRICT 799 ' (Hotchkiss Tract) Board of Robert D. Gromm, David A. Dal Porto, Jack Strickland, Trustees: Lynn S. Jochim, Joseph S. Spotts. Office: 2070 Dutch Slough Road, Bethel Island, CA 94511 Mail: P.O. Box 447, Bethel Island, CA 94511 Telephone: 1-510-684-2117 FAX: 1-510-684-9610 February 11, 1993 Letter J Contra Costa Community Developmen epartment Attention: Arthur Beresford 651 Pine Street, North Wing, Fourth Floor Martinez, CA 94553-0095 Enclosed under a Kjeldsen-Sinnock & Associates, Inc. letterhead, and addressed to Robert D. Gromm, Chairman, Reclamation District 799, are the comments on the Revised Draft of the Environmental Impact Report on Subdivision #7562, Cypress Lakes and Country Club, adopted by the Board of Trustees of Reclamation District 799 on February it 1993. ' 4 Robert D. Gromm, chairman/secretary ■ . r �r M � M rMrs m O ' C J � �� ` ^I ---� G � to Q —! � N D ,a w 4-53 KJELDSEN-SINNOCK & ASSOCIATES, INC. CONSULTING CIVIL ENGINEERS KENNETH L. KJELDSEN 1113 WEST FREMONT STREET TELEPHONE 946.0268 STEPHEN K. SINNOCK POST OFFICE BOX 844 AREA CODE 209 CHRISTOPHER H. NEUDECK STOCKTON. CALIFORNIA 95201.0844 FAX NO. 946.0296 1225-009 . 3 February 10, 1993 Mr. Robert Gromm, Chairman Reclamation District No. 799 Post Office Box 447 Bethel Island, CA 94511 Re: Comments on December, 1992 DEIR Cypress Lakes and Country Club County File #2918-RZ, DP 3032-90, SUB #7562 Dear Mr. Gromm: IThe following is a joint effort between myself and Barbara Burns to comment on the December, 1992 revision of the Draft Environmental Impact Report (DEIR) for the Cypress Lakes Development on behalf of Reclamation District No. 799, hereinafter "District. " This letter is structured to follow the comments in our letters of March 11 and September 21, 1992, responding to the Notice of Preparation and the previous DEIR. FLOOD PROTECTION This DEIR has not acknowledged the dependence of this development on the District's existing levees for providing flood Protection for access to the development, off-site utilities, and off-site drainage. The DEIR needs to recognize and evaluated the responsibility of the new development for the maintenance of the District's perimeter levee system and drainage system. The DEIR addresses alternative levee configurations/ improvements beginning on Page 3-137. The conclusion that the Quadrant Levee System "would not be feasible from a timing, construction, and financial perspective', is J-2 unsubstantiated. The District is awaiting the completion of a study by a consulting engineering firm that will consider alternative means of strengthening the perimeter levee to meet FEMA's urban 100-year flood standard. With this. study's new information, the District will further evaluate this concept during its permit review process. This DEIR has addressed the impact of this development on leaving existing improvements in relatively small and narrow areas in the flood plain with two responses. One response is the conclusion that the development has a J-3 positive impact by providing existing residents "a closer evacuation opportunity than presently exists" (Page 3-135) . The other response is the inclusion in Appendix E of the Informational Report by Bohley/Maley Associates that 4-54 Page Two February 10, 1993 presents hydraulic calculations of a levee -failure analysis. A detailed engineering review of this report has not been conducted at this time, but will follow and be an important part of the project's permit review process by the District. J-3 The District will perform a detailed engineering review during its permit review process of the proposed interior levee cross section as shown in the Bohley/Maley report in ' Appendix E. Details such as easements for future drainage facilities, landscaping areas, and drainage ditch maintenance will be evaluated. DRAINAGE The DEIR incorrectly assumes that the project would result in an overall reduction in the current drainage impacts on District facilities. This DEIR did not incorporate the District's previous comment about the pattern of drainage waters contributed from parcels to the j J-4 east and southeast flowing across this project's property during high flow conditions to the Sandmound Pump Station. As proposed, the project would cause a diversion of these waters to the Dutch Slough Pump Station with adverse impact. This subject will be an issue that will be reviewed in detail during the permit review process by the District. On Page 3-118, the DEIR concluded that, "in general, the storm drainage system within the Hotchkiss Tract area is adequate to carry present flows, however some localized flooding does occur in lour areas (near some pump stations) , and along Sandmound Boulevard during storm periods. " This statement is not correct. The District stated in its previous comments that the drainage system within the Hotchkiss Tract area is inadequate because of the above J-5 mentioned problems. The District will perform detailed engineering reviews during its permit review process of the proposed drainage plan, Channel-Lake Operation and Maintenance Plan (Page 2-19) , Wetland Habitat Mitigation Monitoring Plan (Page 2-11) , Channel Enhancement Plan (Page 2-11) , and any other plans affecting existing or future District drainage facilities. GROUND AND GROUNDWATER The District will perform detailed engineering reviews during its permit review process of the Groundwater Monitoring Plan (Page 2-18) , Dewatering Plan, Ground J-6 Settlement Monitoring Plan (Page 2-23) , Groundwater Management Plan (Page 2-25) , and any other construction activities that may affect the District's drainage system or levees. 1 4-55 Page Three February 10, 1993 LAKES The District will perform detailed engineering review during its permit review process of the Channel-Lake J_7 Operation and Maintenance Plan. The District may require the development to evaluate alternative sources of water forthe lake system as well as evaluate the effects of moored boats and docks on the lake's surface. PERMIT AND REVIEW PROCESS It is very important that the DEIR recognize Reclamation District No.799 as a key governmental entity 1.8 with broad authority and jurisdiction affecting this project. The DEIR failed to list the District in its section entitled "DISCRETIONARY AND OTHER AGENCY APPROVAL REQUIRED" (Page 1-11) as an approval agency. Sincerely, IKJELDSEN-SINNOCK & ASSOCIATES, INC. 1 Chylstopher H �Z . eu , RCE BURNS ENGINEERING Barbara urns, RCE CHN/BEB/ls - cc: . Trustees Cressy H. Nakagawa, Esq. �. 4-56 Response to Letter J: Reclamation District 799, February 11, 1993 Response J-1: Mitigation Measure 3.7-12, page 3-145 of the DEIR was specifically added to address the proposed project's responsibility to the continuing maintenance of the existing RD-799 levee and drainage systems. Response J-2: Comments noted. The DEIR at Page 3-137 provides information regarding the infeasibility of the quadrant levee system to remove the project site from the flood hazard zone. At the time of publishing the DEIR and this Final EIR, the District's study was not available. Response J-3: Comment noted. The comment provides additional information regarding detailed engineering review that would take place during the District's permit review process. No additional response is necessary. Response J-4: Figure 3.7-1,page 3-119 of the DEIR,depicts the existing drainage facilities in the project area. In general, these facilities flow away from the project site toward the Dutch Slough pump station and the Sand Mound Slough pump stations. According to this map, limited quantities of drainage flows across the project site from adjacent parcels. The conclusion in the EIR that the project would result in a beneficial impact on drainage assumes that the 687-acre site would be removed from the existing drainage system and would not contribute storm water runoff to the already overtaxed system. RD-799 disagrees with this conclusion and has indicated they would review this issue in detail prior to issuing any permits for the project. Response J-5: Comments noted. The commentsprovide additional in and clarifications which do not require a response. Response J-6: Comments noted. The comments provide additional information and clarifications which do not require a response. 4-57 tResponse J-7: Comments noted. The comments provide additional information and clarifications which do not require a response. Response J-8: Section 1.6 beginning on page 1-II of the DEIR is revised to include the following: 1 8. RD-799 Approval - Permits from RD-799 will be required for the proposed levee and drainage systems both on- and off-site. 4-58 r 4.4 GROUPS AND INDIVIDUALS i 1 1 i 1 1 1 i 1 4.59 Letter K February 10,.!''4,993 -4, -`4 Contra Costa County Community Development 651 Pine Street-North Wing 4th Floor Martinez, Ca 94533-0095 Attention: Art Beresford RE: Cypress Lakes & Country Club Development We are writing in response to the revised EIR dated December 1992. This project will not benefit any East Contra Costa County resident that must commute to Central Contra Costa and beyond to work. The imbalance of jobs to housing is extremely crucial, this project will only impact this further. The EIR shows Nelroy Road as a main thoroughfare to Route4/160. This is currently a dirt road on private property where Nelroy meets Hiway 4 at Delta Road. The report states that this development will have a short term impact on the traffic pvoblem. With the current economic situation for county, state, K-1 and federal funds I don' t see funding for new jobs or new roads (Delta Expressway?) in the short or long term future. Somewhat closer to home is the issue of Cypress Road. The Cypress Lakes project proposes to improve only at two intersections and the new entrance to the project upon completion of 1000 houses. This could be several years before the limited improvements are made. We have serious accidents every month, many of them fatal. We can not afford the increase of an estimated 10, 000 trips per day before these improvements are made. Air pollution is already beyond BAAQMD standards 20 plus days per year. This project predicts that it will increase K-2 both reactive organic gases and nitrogen oxides to more than two and a half times the acceptable standards of pounds 4-60 page-2 of pollutants per day. The EIR states this will be a sig- nificant adverse effect. We agree, many of the older res- K-2 idents at the convalescent hospital have respiratory problems as does the neighborhood (most are retired) . The visual impact of the proposed project is also going to have a significant adverse impact to the area. The re- port states that often the houses in the area are 3 and 4 stories tall so. "our very limited view of Mt. Diablo" would K-3 not be effected by the proposed 161x 1201 internal levee. The truth of the matter is that 96% of the homes in the area are 1 and 2 stories tall and our views would be adversely effected. The beauty of the rural open space will be gone for good. Noise pollution will be another significant adverse factor both during and after the construction of the project. The EIR states that a change of 6dB is considered significant. This project proposes changes of 17dB almost 3 times what K-4 is considered significant. We move to this area for its quiet country atmosphere. We hear frog, coyotes, crickets , quail, pheasants and many other local inhabitants. The project will provide 1330 new lawn movers, hedge trimmers and cars, as our new neighbors. This project is proposing to be a recreational project there foresubject to higher density and rezoning. from the current agriculture limits of 1 house per 5 acres. They propose to put 1330 houses on 246 acres of the site, in other words 5. 4 houses per acre. The Cypress Lakes project will provide lakes that you can' t swim or fish in, what recreational ben- K-5 efit does this provide with the delta less than 200 yards away? This project also proposes a semi-private golf course ■ as part of it's recreational theme. With 2 existing golf . courses (1 less than 2 miles from the site) in the far East Contra Costa and 2 others approved in other projects, do we really need another golf course? What percent of the pop- ulation will this appeal to? 4-61 page-3 With all of the budget cutbacks and proposed budget cutbacks this project projects a new fire station, we may loose the the one on Bethel Island let alone support an additional one. . The county will have to provide 40% of the cost to put in K-6 sound walls along Cypress Road. The county will have to pay for the rest of the improvements to Cypress Road and beyond. The county will pay for new schools, more sheriff, more this and more that. Will the county gain that much revenue from this project? The last and most important concern is the proposed internal levee system. We feel this levee is such an important part of this proposed project so that it can segregate the Cypress Lake development rather than integrate, enhance, and improve the Bethel Island area. Wouldn' t ranchettes be a better and more compatible use of this land? This proposed levee is a tremendous safety threat to the area both during and after construction. Safety is always a major K-7 concern when you live with a potential for flooding. The estimates to bring the existing 799 levee up to FEMA standards are not yet available, but the rumored cost of the construction of the new internal levee is $10 million. Wouldn' t it make Cypress Lakes a part of the Bethel Island area if that $10 million were used to bring the existing 799 levee to the new FEMA standards? If this internal levee is approved will it pave the way for future internal levee projects and ultimately the further deterioration of the current 799 system? Why not have all future projects support the 799 system to make us all a part of a safe FEMA approved Hotchkiss Tract. We look forward to your comments on these and other questions raised by the current residents of Hotchkiss Tract. Sincerely, X- z Gue ana Katie All 4-62 4384 Sandmound Blvd. Oakley, CA 94561 Response to Letter K: Guy and Katie All, February 10, 1993 Response K-1: The transportation analysis included in the DEIR proposed numerous safety improvements for Cypress Road to accommodate the estimated 12,000 additional trips per day. Traffic signals at the Cypress Road/Knightsen Avenue and Cypress Road/Sellers Avenue intersections would YJ help to improve traffic safety along Cypress Road. Improvements at these intersections, as well as improvements at the Cypress Road/Bethel Island Road/Project Entrance intersection, would include widening to provide additional through lanes and turning lanes. These improvements would also help to improve traffic safety and traffic flow upon development of the proposed project. Other roadway improvements in the area would be phased to correspond to the rate of new construction. Response K-2: Comment noted. This comment agrees with the findings of the DEIR Response K-3: Comment noted. The DEIR on p. 3-108 concludes that the project would result in an unavoidable adverse impact to the existing views from adjacent properties. Response K-4: Comment noted. The comment represents the opinion of the commentor. The DEIR, p. 3-116 and 117 proposes several mitigation measures to reduce construction-period and long-term noise impacts to acceptable levels. However, the DEIR concludes that construction-period noise would result in a short-term unavoidable adverse impact on local residents. Response K-5: Comment noted. The comment represents the opinion of the commenter. A feasibility analysis was conducted for the golf course and concluded that a golf course could be supported on the project site (see Pages 3-182 of the DEIR). Response K-6: County policy requires new development to pay its fair share of the costs of public services and facilities needed to serve the development. Page 2-2 of the DEIR Summary lists some of the mitigation measures that are incorporated into the proposed project and which would require funding by the applicant. In addition, the applicant would construct the roadway improvements listed in Table 3.2-6(A) on page 3-53 of the DEIR. The applicant may also be required to pay a regional traffic fee for Measure C projects. 4-63 Response K-7: ' The first part of the comment represents the commentor opinion on the type of development that would be appropriate on the project site. No response is necessary. Also see Response EE-20. A ranchette alternative was discussed in the DEIR at Pages 4-5 through 4-7. The second part of the comment expresses the commentors opinion that the exterior levees should be brought up to FEMA standards,rather than constructing an internal levee. The County General Plan, Policy 3-74, allows the construction of internal levees to FEMA standards in the Bethel Island Area, to remove areas from the flood hazard zone. Also refer to Pages 3-137 of the DEIR, Response FF-1 and Appendix C, which contains a letter from the project applicant to RD 799 requesting that RD 799 be the responsible agency for flood protection and drainage on the project site. i 1 1 1 1 i 1 1 4-64 93 FEB 16 PH 4: 11 Letter L C�.V• 1VTOZVE11-04,MENT eEErT. February 1, 1993 Contra Costa County Community Development Department 651 Pine Street Martinez, CA 94553 Attention: Mr. Art Beresfond I recommend rejection of the December 1992 Environmental Impact Report on Cypress Lakes and Country Club Project for the following , reasons: I1 . The report does not comply with section 15130 of the L'1 California Environmental Quality Act. 2. The planned .land use does not include subdivision 6610. Pages 3-3. 3 . Impacts on other planned uses in surrounding areas does not include subdivision 6610. Pages 3-20, 3-21. 4. Housing discussion and table 3.1-1 does not include subdivision 6610 pages 3-20, 3-21. 5. Traffic impact study does not include cumulative impacts because of subdivision 6610 pages 3-28 through 3-63. 35 pages are errors. All calculations, study and conclusions are L-2 incorrect without subdivision 6610 input. 6. Air quality evaluations does not consider the cumulative , effects from subdivision 6610 including possible concurrent grading operations. Pages 3-64 through 3-75. 7 . Subdivision 6610 together with roadway improvements are not considered in visual quality. Pages 3-99 through 3-108. 8 . The cumulative effects of subdivision 6610 on noises not address. Pages 3-109 through 3-117. 9 . Fire protection evaluations do not include effects of ' subdivision_ 6610 both on funding and services. Pages 3-163 through 3-170. 4-65 r 10. Police protection impacts excluding cumulative effects of subdivision 6610 not included. Pages 3-172 through 3-174. 11 . Cumulative school impacts because of subdivision 6610 are not discussed. Pages 3-177 through 3-179 . 12. Adverse impacts do not consider cumulative effects from subdivision 6610 on air quality, visual quality, job/housing L-2 balance, noise and construction period dust. Page 5-1. 13 . Cumulative impacts are incorrect for subdivision 6610 in land use. Subdivision 6610 already approved. Traffic/circulation, air quality data base in error. Subdivision 6610 not subject to COunty TPM current requirements . Subdivision 6610 does not have to meet current noise standards or comply with current county growth management, requirements , utility demands and human health as it is alreaan, *""rnvpd . 114 . No discussion regarding the effect of the winter tule fog on L-3 services, traffic, etc. were noted. The following are other questions and/or concerns I have which are not answered and/or discussed 1) Traffic exist for the entire area is limited on Cypress Road between Knightsen Avenue and Jersey Island Road to two lanes. L-4 How is this going to affect the population should a flood or disaster occur. One accident can block access and/or escape from the area. Can this road handle 11,0000 people of once? .a Orin the fog? Even if an additional 2 lanes re added . - Hydrology and Drainage - Kleinfelder, Inc. the geotechnical consultants on the- project are in litigation in Discovery Ba a major subdivision in Patterson, California and a local L-5 residence in the immediate vicinity over soil movement and/or settlements. Based on this track record , As a geotechnical engineer, - I question their capability and conclusions for Cypress Lake Project and recommend an overview of their work by another geotechnical engineer.,for some kind of assurances. Lives could be at stake here as well as property. A bond L-.6 should be posted during the work. a) How much short teiifi storm water retention is planned tor'' L the golf course? Page 3-127. b) What storm intensities, run-off factors and calo' culati 'E's" were used to conclude that the storm drainage network would accommodate the increases in run-off and reduce the amount of run-off off site? Page 129. 4-66 C) The proposed levee crest elevation of +10.2 is not 0.2 higher than what FEMA requires. FEMA requires 3.5 free board upstream (10 .5) tapering to +10 . at the down stream end and +11. 0 for roadways and 100 feet either side of roadways. Pages 3-130 - 132 . d) What calculations are there that verify the statement that "initial levee construction (but) would not have any effect on adjacent structures given the distance that L-7 existing structures are from the proposed location of the new levee" . Page 3-133. e) What calculations are there that verify the statement that "the localized de-watering activities would also not affect adjacent properties because the de-watering would occur far enough from existing residences and any draw , down would only occur on the project site immediately under. or adjacent to the de-watering area. p. 3=133 . A i id pump test -would be needed to verify this . This shoul c'• done befoLe any dewatering is undertaken . f ) What distance is "adjacent" ? Page 3- 135 . 3. Public Services a) The construction of a fire house requires equipment and L-8 man power. Who pays for this additional cost? What mitigating measures are being considered if fire protection vote fails? b) It is my understanding that the Sheriff's substation (Delta station) is under consideration for closure. How is adding floor space to this station going to provide L-9 adequate projection. Subdivision 6610 together with this project. will overwhelm an already under staff sherrif substation and marine patrol. What steps are being taken to mitigate this problem: What mitigation measures are planned if the sheriff's substation is closed. 4 . Human Health The environment assessment states that there are no L-10 underground storage tanks on the property. Enclosed for your review are state permits for three 500 gallon underground fuel storage tanks installed in 1970 on this site. No permits were obtained for there removal. Pages 3-217 . 5 . General L-11 a) What portion of project is to be marketed to. retired persons. Page 3 -20. b) What provisions are being provided should,damage occur to - L-12 utilities in Sandmound Blvd. and/or improvements ° `. 4-67 ` _". L-12 private property during de-watering and construction? Will bonds be posted? C) Some sections show the new levee exterior slope at 3 L-13 horizontal to 1 vertical, others at 4 horizontal to 1 vertical. Which is it? (In the Bohley/Maley Associates Report) . 6. Hydrology & Drainage a) Page 3-118 states that Kleinfelder, Inc. report entitled Evaluation of Proposed Levees Bordering Cypress Lakes Project is located in Appendix E. The $30 EIR Book I bought does not have this report. I obtained from County offices a copy of this report unsigned with blanks and tables and data missing. The county indicated that was all they had. A subsequent report dated February 2 , 1993 was obtained and is still missing plates and data . I request that we have the opportunity to review this data when available . b) Page 6 of "this unsigned report states the internal loads will never be exposed to wave action unless failure of Sandmound or Dutch Slough levees. The new levee with only restrain 3 to 7 feet of water with velocities of 3 to 4 feet per second. L-14 Additionally, thick vegetation will cover these dry land levees and published research stats that vegetated slopes can accommodate these velocities. What reports states these conditions? How is the thick vegetation to be established? Who is going to maintain it? Bohley/Maley Associates report when a break occurs, there will be substantiated velocities. How is this sand slope going to stand substantial velocities? How is the steeper internal slope to be protected from erosion. No clean sand slope will stand up to 17 height at a inclination of 2 Horizontal to 1 vertical. What calculations are there that rAa—rg:F.k is required? Page 3-130. Where does FEMA say it is not required-Page 3-130. c) How will construction proceed if water levels drop 3 to 4 feet and the trench is required to be filled in. What alternate to levee construction is there if this happens? will it be safe? 4-68 d) The August 1992 unsigned report with missing plates, ' test data, and charts covering levees for Cypress Lakes has a discussion of water levels and tidal information from California Department of Water Resources regarding Reclamation District 2042 . What revelance does a reclamation district in Stockton have on Cypress Lakes? What calculations are there to support a levee settlement of around 4"? Page 3-133. What calculations are there to support that levee , settlement would not effect adjacent structures? What distance is meant by adjacent? Page 3-133. , What studies have been done regarding settlement that may affect Sandmound sewer line? If it occurs, what if any mitigation measures are being considered to correct ' severe slope and flow as a result of adverse settlement on the sewer? If the project levee would divert waters in the event of a flood (Page 3-136) should not. the project levee. be protected with rip rap? If rip rap is required what is the visual impact? .Where is the 300 feet for immediate escape on Sandmound L-14 Blvd? What escape mitigation measures have been considered if Sandmound Blvd. is flooded? What studies have been made that show the lake slopes stable to 17 feet at slope inclinations of 3 horizontal to 1 verticalF3- 137 Kleinfelder indicates the lake will have slope , inclinations of 5 horizontal to 1 vertical for 20 feet. Page 3-154 states Kleinfelder's report evaluation of proposed levees is available for review at County office. Such is not the case! When can we get the so called "detailed information regarding the soil profile"tne report claims to have. No test data, plot plans, boring ' logs, as well as the levee slope stabilities are not available at the county office. The report is not even signed. Why does the EIR, Bohley/Maley Associates and Kleinfelder, Inc. incorrectly quote FEMA height requirements . - During dewatering, what mitigation measures are being ' considered to prevent piping with a hydraulic gradient in excess of 25 feet to existing improvements including sewer lines. What calculations are there that indicate the existing levees are safe under this- hydraulic gradient? How can an EIR be prepared covering levees based on data not yet available? , 4-69 Levee standards require rip-rap-on 3H to IV where velocity is greater than 3 f . p . s . are anticipated . According to the EIR Consultants , velocity would be greater than 3 f .p . s. Why do we have to keep paying $30 for incomplete and inaccurate EIR' s that do not address our questions the first time. Kleinfelder Inc . ' s report dated February 2, 1993 on new Levees in complete . No test data, No slope stability results 3-153 . Request opportunity to revie!,r information when available How can an EIR prepared in Dec . 92 be based in part on an incomplete geotechnical report dated February 2 , 1993? February 2 report stated it was in compliance with COE EMl 110-2- 19 13 . It is not in compliance ! L-14 Does not comply with Table 2-1 . Does not comply with Table 2-2-3b (4) . Does not comply with Section 11 , Section 2-8 , Section 2-9-b not done, Section 2-14 no done . Entire Chapter 3 not done or presented . Does ' t meet intent of CHapter 6 . No impervious blanket on water side or under drain as slopes exceed IV : 5H . Does not have rip-rap on IV: 3H slopes where velocity @ 3 f .p . s . Both engineering reports indicate velocities of 3 to 4 f . p . s . Section 11 No results of Stability Analvsis , no test data . Report indicates results above COE requirements . No Test Data . What are results using Bishop ' s method . rj, says , Levee will fail . Chapter 7 sec 11-f not covered. Table 7-2 disregarded. 7-6 not covered, 7-6-C-2-d ignored . (Where slopes consist of erodible ,ranular a bedding Laver of sand and gravel or spalls or plastic filter cloth are to he used under rip-rap) . Respectfully submitted, Alexander Buller 4300 Sandmound Blvd . Oakley, CA 94561 cc: Paul Allen Reclamation District No. 799 PO Box 447 Bethel Island,.. CA 94511 4-70 a N all ' .• a 1 i At ot 4A at, roll t• .+tom � � � +.. O � a r✓�r � s �+s+�,� J � �ii s � rJi► �o'� 4949 ' W N 4VW '' ► '� .M r• vp s.► . j t ..... W I I �► to J O yj t ` a ..� Alow, VOL atm a�QR �„ s„�„rr N �y, � ,J��r✓O v 7 li iri i �► e r+ a 4-1 M 1 s • t i r• • i ~ i f � r M � •iii• �+ ~ ~M t s � w ' A M W iW AL i • +.s ZZZ ? r _ ri•iT � � � ••• � � � �^ZS'll i ac Mot •r.iM+ do to r v «i wit 03 wwaJ'C rt ! VIA M • ; s V i t it 1 ►�" f �►� .�, i w .� W 49 4L N V Y • ori � �► -� •r• is>` d, � �.., .. r •Ir N � � W •r V r r• � t � j � \.i Y► � ? Q W S i N i.•N W N • to ad ow us lob i' N N www•• > 04 � . .a.�, �.•«• � . �r3y fit.:��•• h 'ri am.: jj !w or � OiAY4 VtAW11► -"!r «• *s* � �. - r'•" .!r-.Y. � 'i owl- •+ } • ;.= L_7? Response to Letter L: Alexander Buller, February 1, 1993 , Response L-1: Comment noted. The comment is too general to require a response. Specific comments as they relate to this comment are addressed below. Response L-2: Subdivision No. 6610 is an approved project. The DEIR at page 3-3 refers to future projects in the Bethel Island area that have not yet to been approved. Subdivision No. 6610 is specifically addressed in Section 5.2, p.5-2 of the DEIR. The cumulative impacts analysis , contained in the DEIR includes all approved projects, such as Subdivision No. 6610, and evaluates their impact in conjunction with the proposed Cypress Lakes project as required by CEQA Guidelines Section 15130. Response L-3: Comment noted. Tule fog is an occasional occurrence in the winter in the Bethel Island area which may require additional caution while travelling on local roadways. Because tule fog is a widespread occurrence in the valley portions of California in both urban and rural areas, no ' specific mitigation measures are proposed. Response L-4: Please refer to Mitigation Measure 3.7-10 on page 3-144 of the DEIR. ' Response L-5: Comment noted. The comment is the opinion of the commentor. The County conducted their own independent review of the EIR, including the geotechnical information before releasing the DEIR for public review. In addition, other reports were used besides the Kleinfelder report, ' as indicated on p. 3-147 of the DEIR. Response L-6: ' See Response Z-20. Response L-7: , The following response corresponds to comments a through f. a) The project's lake/channels will be capable of retaining all runoff from a 100- year-event storm with no more than a one foot rise in the lake/channel water 4-73 surface elevation. There is no requirement to retain waters from any greater storm. However, for the larger than 100 year event, the project would have the capability to retain the additional runoff by utilizing portions of the golf course. As such, there is no quantity of golf course area that is being planned to be a retention basin for short-term water storage. b) An average runoff coefficient ("C") of 0.67 was used for the entire project site encompassed within the proposed levee. Individual coefficients were weighted on the basis of area and ranged from 0.45 for open areas to 1.00 for the lake/channels. For all calculations, the 100 year event storm intensity is equal to 7.42 divided by the time of concentration, in minutes, raised to the 0.534 power. Using the above parameters, and knowing that the lake/channel surface area is 61 acres, a specific pumping capacity can be chosen that will then limit the total rise in lake/channels to one foot. The amount of run-off off site would be reduced because of the construction of the levee around the project. c) FEMA requires three feet of freeboard per NFIP, page 357, Section 65.10, Item 1. d) Calculations were not necessary to determine the impact on adjacent structures. To address this impact, monitoring equipment would be positioned at critical locations to ensure that initial levee construction does not cause excess vibrations that could affect existing structures. For the majority of the levee construction, the distance between the levee and existing structures would be great enough that there should be no impact on existing structures. e) Calculations were not necessary to determine this impact. To address this impact, monitoring wells would be placed at critical locations to ensure that dewatering activities do not lower the current groundwater table more than approximately 3 to 4 feet. Fluctuations of this magnitude are common on Hotchkiss Tract. Therefore, a decrease in the groundwater table of this magnitude should not adversely affect existing structures. Should dewatering activities cause a greater drawdown, then water would be added to a drainage ditch situated between the levee construction and Sandmound Boulevard. This operation would cause mounding to occur which would elevate the groundwater levels near the existing structures. f) The comment appears to be referencing the discussion on p.3-133 of the DEIR. Adjacent properties would be those properties within 200 feet of the dewatering activities. Response L-8: Please refer to Mitigation Measure 3.9-1 on page 3-170 of the DEIR. 4-74 Response L-9: Please refer to page 3-171 of the DEIR which describes the status of Delta Station and staffing. Mitigation measure 39-4 of the DEIR would require, the project applicant to pay a fair- share fee for sheriff services. This fee is based on the cost to provide new sheriff facilities. However, the fees could be used for staffing of the Delta Station or Marine patrol. Allocation of these fees is the responsibility of the Sheriff's Department. Also see Response EE-31. Response L-10: See Letter N from Bob Dal Porto which discusses the three underground storage tanks referenced. The permits provided by the commentor are from a one-time permitting program that was conducted in the mid-1980s for registering underground storage tanks. This program is now defunct. The permits do not relate to whether the tanks were leaking, but just to their presence on the project site. If the tanks were identified as leaking, they would be reported on the California Regional Water Quality Control Board's list of groundwater contamination sites or underground storage tanks sites. Neither of these listings contain information regarding contamination of leaking underground storage tanks on the project site. As indicated by the property owner in Letter N, these tanks have been excavated and removed and used for other purposes in the agricultural operation on the property. Currently there are several above-ground storage tanks for fuels. To address the potential for soil contamination as a result of equipment storage on the site and the fuel tanks, the following mitigation measure is added to Chapter 3.11, p. 3-222 of the EIR to ensure that soil contamination, if any, on the site is cleaned up prior to any excavation related to construction in the vicinity of these uses. Soil sampling should be conducted in those areas of the site where heavy equipment was stored, repair facilities are located and where the above ground storage tanks are located. Should contaminated soil be identified, removal and remediation of the material should occur before excavation or construction activities commence in these areas. The Contra Costa County Health Department should supervise and authorize any soil sampling procedures and remediation. (Responsibility: Project Applicant). Response L-11: No specific portion of the project is designated for senior citizens. Rather, the entire project would be marketed toward senior citizens. 4-75 Response L-12: Standard engineering practices and procedures would be adhered to as required by Contra Costa County. In addition,groundwater monitoring wells and vibration monitoring devices would ensure that utilities and/or improvements on private property are not subjected to excessive forces. Response L-13: Allproposed exterior levee slopes are 3 to 1, except in the area along Sandmound Boulevard parallel to the Sandmound Levee, where the exterior slope is 4 to 1. The levee is proposed to have a slope of 4 to I in this area to reduce visual impacts from off-site locations. Response L-14: The following responses refer to comments a through d. a) The referenced report is included in this FEIR as an attachment to Letter U. b) The current plan is to have the outside slope vegetated as soon as possible. The type of grass selected would be one with a deep root system capable of protecting the slope of against velocities of 3 to 4 feet per second. It is assumed that the outside slope would be maintained by either RD-799 or another governmental agency. In the stability analysis, it was assumed that engineered fill might consist of silty sand or sand. However, even engineered fill consisting of sand will contain an appreciable amount of silt as evidenced by the assignment of 50 pounds per square foot of cohesion. In reality, the levees will be constructed using on-site borrowed materials which would be mostly a mixture of silt and sand. The likelihood of having an entire levee composed of clean sand is ■ nonexistent. There may be occasional lenses of clean sand between layers of silty sand, sandy silt, etc. Once these materials are covered with thick vegetation, research and studies confirm that slopes of this nature would be protected from velocities in the 3 to 4 feet per second range. FEMA relies on the Corps of Engineers's Manual for Levee Construction, EM 1110-2-1913. Section 7-6 of this manual, pages 7-9 and 7-10, states that grass protection can be used. C) No alternative to levee construction would be needed. If the drainage trench is required to be filled in to minimize the effects of dewatering, this should not affect the groundwater conditions west of the dewatering trench. Construction would proceed with deep dynamic compaction (DDC), or if excessive vibrations are noted, with a cut and fill operation using conventional earthwork equipment. d) Kleinfelder, Inc. has provided consulting services on approximately 15 FEMA projects involving levee construction, one of which was Reclamation District 4-76 2042. Many of these problems exhibited similar soil and construction conditions as the proposed Cypress Lakes project. A computer program was used to estimate levee settlement assuming worst case conditions. With levees supported on a firm foundation and with the new levee entirely composed of Engineered Fill, very little settlement is anticipated. By inspection, a levee that settles a few inches will not have an impact on structures located beyond a 50 foot distance. For this reason, it is anticipated that the levee construction would not have any impact on the Sandmound Boulevard sewer line. It is not anticipated that flood velocities, in the event of a breach of the Sandmound levee, would cause significant erosion of the new Cypress Lakes levee. Therefore, there is no need for rip-rap. While studies have not been performed on the lake slopes, field explorations indicate very dense materials below the approximate 10 foot level. These lower soils will have the greatest impact on slope stability, and therefore, slope stability concerns with the lake slopes as currently proposed are not anticipated. The soils report inadvertently left out a reference to Plates C-1 and C-2 on Page 9-7 of the February 2, 1993 Kleinfelder report. The project is located approximately 300 feet, at its closest location, from existing residences along Sandmound Boulevard. The intent of the emergency evacuation plan would be to notify area residents of a potential levee breach before it occurs, so that evacuation could occur before the area is flooded. However, the emergency evacuation plan would address evacuation procedures in the event Sandmound Boulevard is flooded. Please note, as indicated in the DEIR at Page 3-136, under a typical levee breach, the area would not flood immediately and there would be time for residents to evacuate. The initial soils report and levee analysis were presented in the DEIR, in Appendix E. In addition, the final report was sent directly to the commentor on February 4, 1993, and made available to the public at the February 8, 1993 East County Regional Planning Commission meeting, prior to the February 16 close of the public period. The 'reports have been prepared for submittal to FEMA. FEMA requires that levees be analyzed for compliance with conditions described in Chapter 6 of COE EM 1110-2-1913. The report has been prepared to comply with this requirement. This requirement is described in the National Flood Insurance Program (NFIP) Section 65.10, paragraph b, (4). Kleinfelder has prepared several reports for similar projects in the same manner as the report prepared for the Cypress Lakes project. These previous reports have been reviewed and approved by FEMA. The report should meet the requirements for an internal levee as set forth by FEMA. 4-77 �f IISTA 90 FEB I C`„��� :fitf i y r , ol Lr 0 o V r r y C o Q ' v r r � o 4 r rO tl 0 r . 4-*a r r i ''0 0-3 awe— M r r J o �— _ 1 ' 4 ,Iv ' M t a 'V i M-4 4-19 - 1� t 1 1 1 1 1 Response to Letter M: Carol Coleman, February 11, 1993 Response M-1: Comment noted. The fifth sentence of the third paragraph on page 3-17 of the DEIR is amended to read: "Two of these residences are located south of Cypress Road east of Bethel Island Road, and one is located north of Cypress Road on Cypress Extension." Response M-2: Figure 1-3: "Project Layout" shows the design of Cypress Road as proposed by the project applicant. The current proposed alignment would result in right-of-way acquisition on one parcel. If the project applicant does not obtain the right-of-way, and the County determines that the alignment of the Cypress Road Extension cannot be realigned to avoid this property, the County may invoke its powers of eminent domain to purchase the right-of-way. If the County pursues eminent domain procedures, the properly owner would receive fair market value for the property in question as determined by an independent appraisal. The property owner would also receive relocation assistance, if needed, as required by federal and state law (The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970). Mitigation measure 3.11-1, at Page 3-221, requires that incoming property owners be aware of the adjacent agricultural uses and the potential hazards associated with this land use. However, alternative alignments, which may avoid this parcel, are still being considered by the applicant and the County. Ultimately, it is up to the County to determine the location of Cypress Road. Response M-3: Refer to Response L-7, section (d). Response M-4: Dewatering during construction would only occur to a maximum of 18 to 20 feet below the ground surface. Dewatering would not be anticipated to affect groundwater, wells, or other subsurface deposits lower than 20 feet below the ground surface, 4-81 Letter February 9, 199 CONTRA COSTA COUNTY COMMUN{TY DEYEIOPMENT DEPARTMENT ' TOt EAST CONTRA CnRTA COUNTY PLAITHXHG C014MIS31UN FROM: BOB DAL PMRTQ SUBJECT: CHARTERRO LAND/ -%TTLZ CO. AND THKbt SISTER$ TRUOT ETR ON "THE CYPIZ68 LAKES PKWtUT" ' tha. former 1&"d owner of t1lo Dal Peart* property • in this As P P Y Hotchkiss Tract, which is presently under development-- by the Chartered Land and Cattle Compony and Throe Sisters Trust, Y wish to respond to unfounded accusations made at the February int and 8th public R*4trluyu on tho EIR for the Cypress Lakes Prof eect. It was stats$ several timers during the hearings that I have romently► undarground fuel storage tanks an the provertyr o not have underground tanks. T have overhead tanks. The C*P&o�ty of the tanks coneals t Oft 1-1000 VAllon overhead gasoline tank, 1-500 gallon overhead gasoline tank, 1..1000 gallon overhead dispel tank and 1-500 gallon diesel tank with a hand pump for fuel discharge. These installations are all above ground and have Lneur for years. originally r did have 3 underground tanks consisting of 1-800 gallon diesel tank, 1.500 gallon gasoline tank and 1-350 gallon gaeal111*1 Lank. As my operation grow in visa, the tanks' were Inefficient, as I needed more Capacity and it more economical met)jod or delivery and discharge. T discontinued - their use and *ubsoquently removed thein from the ground. The tanks wara in excellent condition when romovod, and were used for portable trap wagons to serrvie;g soy equipment at other locations. I have been is business at this location since 1949 ( 44 years) . My enterprises oonsist of cattle ranchinge horse brsedisig and ougtom farming. over the past 44 years I have ,served as President of the local Reclamation District 799, toil Conservation Service, ASCE, Farm Bureau. School sc"""' and Lionc- Club. Certainly I have built credibility over the years, ae all these organizations have fundamentally ani3ne3 onvironmental criteria. In addition, I am an Engineer, Agricultural Consultant and Land Manager for Chevron Shalm oil Company for the past 10 years for the Company's properties in southwest Colorado. 14y dutica involve: management of mina 5a,ono 1 mores of head, water and irrigation systems, and reclamation of all project ' eit.up to comply with County. stata► PnA Fwararwl voermitas x run s clean operation and I always have. 4-82 February 91 1993 1 Page 2 = fail to see why. the issue of under round foal storage tanks 1 has become a Focal point in tho Draft EIR for thio project, unIt+as it to a personal vendetta by a few individuals who have recently moved into the area. The development group is makiny every effort to comply with environmental concerns. The Hotchkiss tract area is no longer viable for agricMIture. 1 I fest that I am qualified to make this statement an t have been involved day- to- day for the bettor Part of my life- I am very much in favor of this project as it matchoa my philosophy for the area i.e. ; predominately open apace with , e golf course and sakes, rural atmosphere, recreationaL opportunities, fire station, school site, local businoaaaa arld a community center. =t can do nothing but enhance and 'improve property values on the Hotchkiss tract. 1 ltwap4actfuJi lye Robert A. Dal Porto Sr. i 1 1 i 1 1 1 1 1 4-83 , 1 Response to Letter N: Bob Dal Porto, February 9, 1993 ' Response N-1: The comments in this letter provide additional information regarding existing and past fuel ' storage facilities and agricultural practices on the project site. No response is necessary. 1 4-84 Letter O C. Elaine Dannelley Rt.2, Box 226C Oakley, CA 94561 , (510) 684-0261 February 10, 1993 Community Development , 651 Pine Street 4th Floor - North Wing Martinez, CA 94553-0095 ' Re: Cypress Lakes and Country Club Project 1. Three Times Out? - How many times do the residents of the Hotchkiss Tract Area have to review and repond to an EIR that does not address the hazards ' and extra costs the developer and the county are trying to force upon them? 2. 'Rezoning - Residents moved to this area because they wanted to enjoy the ' country climate, not to have a city brought to us. We do not want our A-2 0-1 zoning changed to P-1, limiting us to the number and kinds of animals we t can enjoy on our property. 3. Uses - We feel that this area could be used for other purposes, such as ' a wildlife preserve, since there are at least three special status animals ' on the property. These are burrowing owls, pond turtles, Northern harriers, and possibly others. 4. Easement - Cactus Lane - This easement has been changed on the sub- 0-2 division map without consent or purchase from the residents ,who have recorded deeded rights to the easement. We will fight for our rights. 5. Personal Reasons - I moved to the Bethel Island area for the country ' atmosphere and to have and enjoy my animals. I do not want my property impacted for a developer's desire and personal gain. I fully expect the county to have ' tyle applicant completely disclose to the future home buyers the existance of 0-3 smells, insects, and other hazards of agricultural operations. My set-up ' also has an attractive nuisance of horses and other animals. People in close proximity to my property will increase my liability insurance and emotional ' stress and strain. This does not mean I am going to change my lifestyle so the developer can make a fast buck. 6. Sound Walls - It seems they are Y in again in this EIR. I do not want m ' a g O-4 view blocked and my air circulation cut Off by such structures. ' 4-85 7. Cultural Resources - The EIR quoted the SEQA standards that an archaeological monitor should be present when grading, excavation, and trenching are done. When in reality, trenching was done last fall without anyone present and 0-5 will probably be done again if possible. I request that the archaeologist be ' dressed in Native American garb so we can tell him from others. Tile EIR also states that Lots 10 and 11 should be removed from the map because of their ' sensitivity, but continues to show them on the map as residential lots. 8. Visual Aspects - The EIR tries to say putting up a 20 foot levee around 0-6 tl►e 682 acres, building a 60 acre lake, and putting in a 160 acre golf course does not change the view or the topography of the land. Did they even build ' a clay model to see the difference from a flat area? ' 9. Adverse Environmental Impacts for "NOT A PART OF" Residents - Since these homes are unique, in that they are almost in the center of the project, we feel that if this development comes under construction, the applicant be ' required to indemnify those residents for: (1) cleaning dust and dirt from 0-7 residences (interior and exterior) weekly; (2) medical costs for unforeseen hazards; ' (3) for any costs due to injuries to animals, livestock, pets, and wild critters, caused by the construction operations. t 10. Compaction for Levees - Since this compaction method is a "relatively new" process and untested in the area, I feel a bond should be posted to ' 0-8 compensate present residents for any damage to wells, houses, and other structures as a result of the constant seismic effect caused by the compaction procedure. 11. Interior Levees - Twenty foot walls across from Sandmound Blvd. homes expose these residents to life threatening dangers such as: (1) poor air 0-9 quality from dust and air pollution caused by construction equipment during the 10 year building process, (2) pollution from the new traffic added to ' tl►e already poor air quality, (3) possible outside levee breaks by storms, winds, earthquakes or compaction process,or high tides, filling the corridor ' 0-10 between the the levees with no escape for the residents, (4) fire danger in which there will be no escape route leaving the residents exposed to ' 0-11 I toxic fumes and smoke with danger of suffocation, (5) poor or little air circulation in the corridor exposing the residents to pollution and health liazards, (6) exposing the elderly and sick in the area to all these hazards ' 0-12 and causing them undue stress, (7) stress due to the noise from the vehicles, compaction, and general construction. ' 4-86 12. Alternatives for the Project_ - Presently the best choices for the project , 0-13 would be (1) NO Project or (6) Off Site Project, because these would have none of the adverse impacts of the present project proposal. 13. 500 kV Transmission Lines_ These bisect the property exposing much of it to electomagnetic fields which have been associated with increased incidence , of childhood leukemia, adult leukemia, lymphoma, nervous system cancers, brain tumors, malignant melanoma of the skin, and breast cancer in men. There have been over 100 studies done between 1987 and 1992 that I am aware of showing , adverse effects to people. To compare the hazardous condition of 24 hour exposure to a hairdryer which is used about 3 minutes is ludicrous. From all , of the TV and newspaper coverage, people are becoming more concerned about their health and devaluation of their property. Yet, this developer is , proposing homes butting up to the corridor possibh causing an immediate :�hgrtw in-the .area. There is no cost-effective shielding for EMF other than distancing from the source. Lots with elevated magnetic field levels over 1 mG 0-14 should be land-banked. The "fear of" EMF has been determined to be compensable damage under California Law and this factor materially affects the value and , utility of property. I am also resubmitting a report that was ignored the last time. 14. Park_ - Tile now 22.4 acre park at the entrance to the development is still , partially under and all adjacent to the 500 kV power lines which exposes the public to the hazardous EMF forces. Tile mitigation is that the intensive ' recreational uses shout outside the easement. It is still being dedicated to the county so the taxpayers can support a park that that is hazardous to their health. Why should we be expected to pay for something that can kill our kids? 15. Animal-Life - Changes in the diversity of species, or numbers of species of animals ( birds, reptiles, amphibians, fish and shellfish, or insects) ' by disrupting, polluting and destroying their natural habitats will ultimately kill many species. Unique species of animals such as, opossums, foxes, coyotes, jackrabbits, quail, pheasants, cottontail rabbits, ducks, and many others live ' 0-15 in the area. The destruction and deterioration of wildlife habitat gives them no consideration or right to life. According to the EIR, some of the species ' observed during studies on the area are on the Contra Costa County Special Status list, and also on the state and federal lists for threatened and , endangered species. These are the burrowing owls, pond turtles, Northern harriers, and possibly southwestern pond turtles. , 4-87 16. Plan^- Changes in the diversity of species of plants ( including trees, shrubs, grass, crops, and aquatic plants) by the destruction of the existing habitats and introduction of new species will completely change the apperance of the area. Relocation and reduction of unique, rare, or endangered species, such as those in wetlands can completly destroy them. 0-15 17. Water - Alteration to ground water by filling lakes can allow an influx of salt water contaminating private and public wells. 18. Aesthetic§ 5eenic views of open fields, wetlands, and small hills will be destroyed and replaced with architecturally mediocre homes. 19. RoRoads - Roads to handle the increased traffic should be in place before the construction begins and not by just saying that their are future roads planned, such as widening Highway 4 and constructing the Delta Expressu.!*J 0-16 If the project needs these roads to handle their new community traffic, the developer should be forced to build the project after the completion of the highways. 20. Mandatory Findings - This project has the potential to degrade the environment, reduce the wildlife habitat, cause the taxpayers a huge increased tax burden, impact the area with increased traffic, noise, population, lack 0-17 of schools, crime, and pollution. All this comes at a time when the county has cut back in all services and is already considering increased taxes to ' maintain the status quo. 21. Litigation and Investiations*= I feel the county should postpone any consideration of this project until pending litigati.o,m is settled and any government investigation completed so the county will not be responsible for possibly completing a failed project. 0-18 Presently this subdivision appears to be an environmental disaster to both r animals and residents of the Bethel Island area. I hope the commission takes these points under serious consideration before approving this development. Sincerely, 4-88 See attached letter. C. Elaine Dannelley Response to Letter 0: C. Elaine Dannelley, February 10, 1993 Response 0-1: Comment noted. The first part of the comment represents the opinion of the commentor and no additional response necessary. The second part of the comment addresses the presence of special-status species on the site. These species were observed on the site, as documented in the Setting discussion of Chapter 3.4 of the DEIR; however, they are not known to nest on the site and the site does not provide valuable habitat. See Response E-3 for additional information regarding burrowing owls. Response 0-2: Comment noted. See Response AA-1. Response 0-3: Comment noted. Mitigation measure 3.11-1 specifically requires that project residents be notified regarding the presence of agricultural uses on adjacent properties. Response 0-4: Comment noted. Soundwalls are proposed as one form of mitigation for future noise impacts to residents along Cypress Road west of Bethel Island Road. Other noise mitigation techniques, such as architectural treatments, may be required at the discretion of the County. Response 0-5: The comment regarding the attire of the archaeological monitor is unrelated to an environmental issue. No response is necessary. Mitigation measures regarding removal of Lots 10 and 11 are proposed at this time. If the project is approved by the Contra Costa County Board of Supervisors, the mitigation measures would be enforced and the project maps would be redrawn to eliminate Lots 10 and 11. Response 0-6: Impacts of the project on visual resources are discussed in Section 3.5 of the DEIR. Contrary to what the comment states, this section concluded that even with landscaping of the levee and outside the levee, the view for residences located across from the project site along Sandmound Boulevard would change'significantly with the proposed project. Landscaping would provide some improvement and soften the appearance of the levee. However, the resulting 4-89 change in view with the project would be unavoidable. A rendering of the levees was displayed at the East County Planning Commission on the project on March 1, 1993. Response 0-7: Comment noted. The issue of indemnification is not related to a significant impact on the environment and represents the opinion of the commentor. The EIR specifically identifies mitigation measures to reduce dust impacts, such as periodically watering exposed soil areas (see DEIR, p. 3-74). Response 0-8: Comment noted. Please refer to Responses L-14(d) and Z-20. Response 0-9: The DEIR specifically addresses air quality impacts in Section 3.3. Dust impacts from project construction and pollution from increased traffic are discussed in the DEIR beginning on p.3-69. Response 0-10: Section 3.7 of the DEIR contains an analysis of the potential impacts associated with a levee breach if the proposed project is implemented. Mitigation Measure 3.7-10 of the DEIR requires the preparation of a detailed Emergency Evacuation Plan which addresses emergency evacuation procedures for residents in areas adjacent to the project site. The Emergency Evacuation Plan would be prepared in cooperation with RD-799 prior to approval of the project's final subdivision map. Response 0-11: Please refer to Response 0-9. Response 0-12: ' Please refer to Responses 0-9 through 0-10. Section 3.6 of the DEIR contains a discussion of the potential noise impacts of the proposed project. Response 0-13: Comment noted. The comment represents the opinion of the commentor regarding their preferred project alternative. No response necessary. 4-90 Response 0.14: Please refer to the response to Letter P from Sage Associates. In addition, Mitigation Measure 3.9-10,p. 3-187 of the DEIR recommends that no active recreational facilities be located within the powerline easement. Response 0-15: The information contained in this comment has previously been addressed in both the Initial Study and the DEIR prepared for the proposed project. The Initial Study (contained in Appendix A of the DEIR) addressed these issues in Chapter 2: Contra Costa County Environmental Checklist Form pages 10 through 28. The DEIR addressed these specific issues in detail in Chapter 3. Description of Environmental Setting, Impacts, and Mitigation. as follows: Animal and plant life: pages 3-76 to 3-98. Water: pages 3-118 to 3-146 and 3-189 to 3-206. • Aesthetics: pages 3-99 to 3-108: Also see Response 0-1. Response 0-16: Please refer to Table 3.2-6 of the DEIR for the timing of road improvements required by Cypress Lakes itself. Most other roadway improvements listed in the Table are not themselves required by the project; however, the project would contribute cumulatively to the need for these roadway improvements, as specifically identified in the mitigation measures beginning on page 3-56 of the DEIR. Response 0-17: Comment noted. The comment represents the opinion of the commentor. The DEIR discloses the potential environmental impacts associated with the proposed project. No response necessary. Response 0-18: Comment noted. There are no pending lawsuits on the proposed project and no known government investigation of the project. No response necessary. 4-91 C. Elaine Dannelley Rt. 2, Box 226C Oakley, CA 9455'. C, ebruary 11, 1993 Community Development Letter P .� 651 Pine Street 4 th Floor - North Wing Martinez, CA 94553-0095 FAT Dear Mr. Beresford, Re: December 1992 Draft Environmental Impact Report for Cypress Lakes Lakes and Country Club Project Enclosed is a letter and an EMF Report po t fr om Sage Associates that were inadvertantly left out of my response to the EIR. Please see that these are included with the other documents. 1 Thank you for your cooperation. Sincerely, C. Elaine Dannelley (510)684-0261 4-92 TOFF,y Department of Energy Office of Inspector General Western Regional Inspector General for Investigations t Al -- P. O. Box 5657 TES Albuquerque, New Mexico 87115 JAN 1 9 1993 Ms. Elaine Dannelle Y RR 2 Box 226C Oakley, California 94561 Dear Ms. Dannelley: I am responding to your recent letter to Mr. Paul Misso, Assistant Inspector General for Investigations. The Federal Bureau of Investigation (FBI) has assumed investigative jurisdiction over the matters involved in the acquisition of land in Bethel Island, California by the Western Area Power Administration. Accordingly, I have forwarded a copy of your letter to FBI Special Agent Gloria Anderson. If you wish, you may contact Special Agent Anderson at 510-451-9782. B. Martin Regional Inspector General for Investigations Albuquerque Regional Office 4-93 S A G E ENVIRONMENTAL-CONSULTANTS September 28, 1992 Community Development Department Contra Costa County 651 Pine Street, 4th Floor North Win(, Martinez, California 94553-0095 Attention: Mr. Arthur Beresford, S)cnior Planner Subject: Environmental Impact Report for Cypress Lakes and Country Club File #2918-RZ, Final Dcvclopment Plan 3032-90, Subdivision 7562 Dear Mr. Beresford: This letter presents comment on the above referenced environmental impact report with respect to the electromagnetic fields section of the report. We request that our comments be considered in preparation of the Final FIR on this project, and that a copy of the Final EIR be mailed to us upon completion. We would be happy to discuss any of these comments withyou or the FIR consultant, Public Affairs Management if you wish. Please advise us if additionalpublic hearings will be held on this project. Thank you for your assistance. ■ Sincerely: elL't Cindy Sage Sage Associates 1283 Coast Village Circle, Suite 5 Monfecito, California 93108 • P.O Box 50806Moiiiecito. Cciti(ornict93150 805 9690557 FAX 805 969-5003 4-94 ti �T + ` S A G E ENVIRONMENTAL CONSULTANTS Environmental Impact Report for Cypress Lakes and Country Club File #2918-RZ, Final Development Plan 3032-90, Subdivision 7562 COMMENTS ON ELECTROMAGNETIC FIELDS SECTION Prepared for Elaine Dannelley Route 2, Box 226 C Oakley, California Sage Associates 1283 Coast Village Circle, #5 Montecito, California 93108 September 28, 1992 4-95 ' SAGE ENVIRONMENTAL CONSULTANTS COMMENTS ON ELECTROMAGNETIC FIELDS SECTION OF CYPRESS LAKES AND COUNTRY CLUB ENVIRONMENTAL IMPACT REPORT I This document fails to properly assess the potentially significant impact!iof electromagnetic fields (EMF) on the proposed project. The U.S. Environmental Protection Agencyl has stated that: ."The evidence is growing that a positive association of exposure to electromagnetic fields exists with certain forms of site specific cancer, namely leukemia, cancer of the central nervous system and to a lesser-extent, lymphomas." The U.S. Office of Technology Assessment report on Biological Effects of Power Frequency Electric and Magnetic Fields Background Paper2 defined the issue in 1989 as follows: "As recently as a fewyears ago, scientists were making categorical statements that on the basis of all available evidence there are no health risks from human exposure to power-frequency fields. In our view, the emerging evidence no longer allows one to categorically assert that there are no risks." "The growing number of positive findings have now clearly demonstrated that under specific circumstances even weak low -frequency electromagnetic fields can produce substantial changes at the cellular level, and in a few experimental settings, effects have also been demonstrated at the whole animal level." 4-96 ' A %S- G E E'NViPONMENTAL CONSUITANTS Substantial research has been conducted since 1989 which adds further evidence of potential adverse health effects from electromagnetic field exposure. Electromagnetic field exposure has been associated with increased incidence of childhood and adult leukemia and lymphoma, nervous system cancers including brain tumors, malignant melanoma of the skin, and male breast cancer. A 1990 study3 presented at the Bioelectromagnetics, Society Annual meeting reported that: "In children living in homes near electrical power transmission and distribution lines, five case control studies showed positive associations between cancer'mortality and ELF field exposure. Three of these were statistically significant. Where separate cancer sites were evaluated, leukemia, nervous system cancer and to a lesser extent,,lymphoma were seen consistently. Magnetic rather than electric fields are apparently responsible. The evidence for a causal relationship is too strong to dismiss as chance and not strong enough to be regarded as proof of causality." "Effects at all biological levels from chromosome breaks to neuroendocrine function are affected by ELF fields. There is reason to believe that the findings of carcinogenicity in humans are biologically plausible, but the explanation of which of these effects is causally related to the induction of malignant tumors is not understood." 4-97 " S A G E .:�?... :•Nv',..ONMENTA', CONSULTANTS "Over 30 studies of workers in electrical and electronics occupations, typically with poorly-defined mixtures of power frequency and higher frequency exposures have been reviewed. Three types of cancer have been found consistently across different geographic regions, age groups, industries, occupational classes and study idesigns. They are: hematopoietic system, especially leukemia and specifically acute myeloid leukemia; nervous system cancer, including brain tumors; and malignant melanoma of the skin." 2. A finding of potentially significant impact should be denoted for EMF exposure of future residents of the proposed project. This EIR should make a clear determination that prospective residents of the project will face potentially significant adverse health effects from EMF exposure as a result of placement of homes, day care areas and recreational areas near to the 500 kv lines which bisect the property. The California Environmental Quality Act4, as amended, Section 15065, requires a mandatory finding of significance where: "The environmental effects of a project will cause substantial adverse effects on human beings, either directly or indirectly." As an informational document, the Draft EIR should be rewritten to full discuss and characterize the environmental setting, impacts and mitigation for EMF exposure related to placement of sensitive land uses adjacent to the power lines. A finding of potentially significant impact is unavoidable unless the project is redesigned to avoid placing sensitive land 4-98 J"tib� S A G E ENVIRONMENTAL CONSULTANTS uses in areas of elevated magnetic field from the power lines. CEQA Section 15145 on Speculative Impacts has been invoked to discharge the EIR preparers from the need to characterize and assess EMF exposure. Section 15145 cannot be used to terminate evaluation of this issue based on the following evidence: 0 A recent table summarizing 51 epidemiological studies5 conducted on EMF surrogates and cancer indicated that 28 studies (or 55%) reported a statistically significant risk, 15 studies (or 29%) reported elevated,but not statistically significant risk, and eight (or 16%) reported no a9sociation.6 0 The epidemiological evidence includes four case control studies that found statistically significant associations with cancer and wiring codes - a surrogate measure for long-term exposure. Three of these four studies also used direct measures of magnetic fields which reported weaker associations, although not statistically significant.6 0 A review of occupational studies from published studies in peer- reviewed journals shows elevated risk for brain tumors. In seven brain cancer control studies since 1985, "most of these studies have shown elevated odds ratios for electrical-related occupations"? Some odds ratios were high. For example, Speers (1988) observed an odds ratio of 13.10 among Texas utility workers. "At least three studies indicated the presence of a dose response relationship between EMF exposure and brain cancer."7 A significant excess of all leukemias is reported from twelve studies (1982-1988) in electrical occupations.? A significant excess of acute myeloid leukemia was 4-99 A G, E ENVIRONMENTAL-CO.N-SUITANTS noteworthy. Five other case control studies on leukemia among occupationally exposed workers published since 1985 show excesses for all leukemias and acute myeloid leukemia. Exposure assessment is not available from these studies, since occupational classification is used as a surrogate for EMF exposure rather that field measurements. Section 15145 is intended to "relieve the Lead Agency from a requirement to enga*g-e in idle speculation".8 This section has been applied, for example, where future development of the University of California is purely speculative" and no purpose would be served in preparing an EIR based' on sheer speculation as to'future environmental consequences.8 An association between EM.F exposure and cancer is not purely speculative. An association (in many studies a statistically sigLifficant association has been documented in the available scientific literature, even though a carcinogenic mechanism has not been identified. The use of Section 15145 is inappropriate because an association between EMF exposure and adverse health effects is not purely speculative. 3. This document fails to characterize magnetic field strengths associated with existing 230 kv power lines and planned 500 kv power lines which are currently under construction within a 200 foot right-of-way which bisects theproposed project. 4-100 T ` SAG E ENVIRONMENTAL CONSULTANTS A technical study should be prepared prior to final certification of this EIR to document magnetic field levels outside the ROW which may be , elevated from both the 230 kv and 500 kv power lines. This study should be prepared by a qualified firm and include computer modelling by an acceptable program (for example, the Bonneville program). A map should be prepared to document existing-and future magnetic field levels out to 1 milligauss (1mG) contours parallel to the ROW. Assumptions for the modelling program should include conductor minimum height, spacing, phasing and loading and should correspond to the actual characteristics of the 230 kv and 500 kv lines. The modelling should take into account both normal and maximum loading conditions for single and multi-story homes. Following the completion of stringing of the 500 kv lines which appears to be imminent, a field measurement program should be undertaken to verify magnetic field levels which affect property outside the ROW and within theP P Pproject ro osed develo ment area.. 4. Once modelling and field measurement programs have been conducted, the areas showing elevated magnetic field levels should be compared against proposed building envelopes for residences, day care center areas, parks, and other rises where the public would be spending P g , prolonged periods of time. Any sensitive receptors, including schools, day care centers, public recreation areas, hospitals,-convalescent homes, etc. should be carefully reviewed for exposure to elevated magnetic field i levels. 4-101 SAGE t♦ ENVIRCNMENTAL CONSULTANTS 5. In the absence of more conclusive scientific evidence thatrolon ed P g exposure to elevated magnetic fields will not cause potentially significant health effects, EMF should be categorized as a potentially significant impact. Evidence of potential adverse health effects from epidemiology and laboratory studies is presently adequate to trigger a finding of 1 potentially significant impact under CEQA, even though there is no conclusive proof of causality between cancer and EMF at present. 6. Identification of portions of the proposed project which will have elevated magnetic field levels should be required, together with an analysis of all structures (single and multi-story homes and other structures, pre-schools, schools, active public recreation areas, etc.) which would be located within the area f e o elevated fields. Areas of the proposed ' project where elevated magnetic field levels (above 1 mG) are found should be identified by inspection of the modelling and field measurement data in comparison to the proposed subdivision map. The median U.S. residential EMF level from power lines is 0.35 mG9 and the California average residential area EMF level is 1 mG or lesslO. 1 7. Mitigation Measures - page 3-231. The proposed project map should be revised to eliminate residences or other sensitive land uses adjacent to the ROW where elevated magnetic field levels are anticipated based on modelling and field measurement data. For the interim, land 4-102 Av SAGE FN%'IPCNME*N-TA't CONSULTAWS uses which place people in elevated magnetic fields should be prudently avoided until there is more conclusive evidence on potential health effects, if any, of EMF exposure. It appears from a preliminary inspection that several hundred lots within 400' adjacent to the ROW would be affected. There is no cost-effective shielding for EMF other than distancing from the source. Lots which are subject to elevated magnetic field levels over 1 mG should -be "land-banked" or eliminated from the subdivision map. They could be made available for future phased residential or other development only if scientific research confirms the absence of adverse ■ health effects. The areas involved could be used for passive recreation, green belt or agricultural uses in the interim. 8. Mitigation Measures - page 3-231 Beyond elimination of lots within elevated magnetic field levels from power lines, the EIR should require mitigation measures for written disclosure to the remainder of potential lot owners of the proposed project regarding potential health impacts where it can be presumed that these residents will use recreational areas or roads which lie within areas of elevated EMF. Balanced information should be prepared as a formal disclosure package to ensure that disclosure is adequate and timely. California State law required disclosure in real estate transactions of any factors which could affect the value or desirability of property. The "fear 4-103 S AGE G G r E ENVIRONMENTAL CONSULTANTS of" EMF has been determined to be a compensable ompensable damage under California law11 and this factor materially affects the value and utility of property. 9. Responsibleparties representing the project proponent(s) and/or homeowners should be required to review the status of EMF information through the State Department of Health Services and California Public Utilities Commission to periodically evaluate whether new information on health effects is available, and whether further.land use modifications are warranted. A periodic measurement program adjacent to the 500 kv lines should be conducted to verify exposure levels are below 1 mG in areas of prolonged use. A Mitigation Monitoring Program required under AB 3180 should incorporate provisions for on-going EMF monitoring. 1 1 _ 1 4-104 ;::; SAGE ENVIRONMENTAL CON SU LT AN IS REFERENCES the 1. U.S. Environmental Protection Agency, June Fields90, Evaluation ofetic Report, Office Potential Carcinogenicity of Electromagn of Health and Environmental Assessment, Washington, D.C. 20460. 2. U.S. office of Technology Assessment report on Biological Effects of Power Frequency Electric and Magnetic Fields Background Paper, May 1989, hidira Nair, M.Granger Morgan and H. Keith Florig, Carnegie Mellon University, Pittsburg, Pa. 3. Hill, Doreen, U.S. Environmental Protection Agency, June 1990, Poster Board Presentation on the Evaluation of the Potential Carcinogenicity of Electromagnetic Fields Draft Report, June 1990. 4. Guidelines to The California Environmental Quality Act, as amended, December 1991, Section 15065. 5. California Department of Health Services, 1991, EMF Workshop Handbook, from the Special Epidemiological Studies Program, Oakland and Newport Beach, 1991. 6. California EMF Consensus Group, Issues and Recommendations for Interim Response and Policy Addressing Power Frequency Electric and Magnetic Fields (EMFs), Before the Public Utilities Commission of the State of California, March 20, 1992. 7. National Institute for Occupational Safety and Health, 1991, Proceedings of the Scientific Workshop on the Health Effects of Electrical and Magnetic Fields on Workers, pp 93-124. 8. Guidelines to The California Environmental Quality Act, as amended, December 1991, Section 15145. 4-105 l:*r's"'* AGE -' Ir-VICONMENTAL CONSULTANTS 9. Electric Power Research Institute, EMF Science and Communication Seminar, San Jose; California, October 16, 1992, Nationwide Residential Measurement Survey, Preliminary Results, by Luciano E. Zaffanella. 10. Testimony of Dr. Raymond Neutra, Department of Health Services, State of California, California Public Utilities Commission EMF Consensus Group, February, 1992. 11. San Diego Gas & Electric Company v. Daley, 205 Cal. App 3d 1334, 253 Cal. Rptr. 144 (1988) 1 . 4-106 Response to Letter P: C. Elaine Dannelley, February 12, 1993 Response P-1: The report from Sage Associates, dated September 28, 1992, addresses the issue of potential human health impacts of exposurr, to electromagnetic fields. The DEIR addresses potential human health effects of exposure to electromagnetic fields on pages 3-217 to 3-218 and 3-220. The DEIR identifies on page 3-217 that numerous studies have been performed to look for associations between exposurr, to electromagnetic fields and various diseases, and that some of these studies have found a statistical association between exposure to electromagnetic fields and increased cancer rates as suggested by the commentor. However, these studies have not resulted in conclusive evidence that exposure to electromagnetic fields would result in increased human health risks. In addition, as stated in the DEIR on page 3-217, the State of California does not have any standards for exposure to electromagnetic fields, or siting criteria for residential development near power lines or other EMF sources. As stated in the impacts discussion in the DEIR, page 3-220, a determination as to the significance of electromagnetic field exposure,and the associated health risks to project residents, would be too speculative based on the existing studies and data available. While studies conducted to date have indicated a potential link between electromagnetic fields and certain diseases, these studies are not conclusive, and therefore, the finding that the project will expose residents to a substantial adverse effect cannot be made. Because the potential health risks of exposure to electromagnetic fields have not been conclusively determined, the DEIR includes mitigation (Mitigation Measure 3.11-4, page 3-222) to ensure that incoming property owners are aware of the potential human health issues related to living near electrical transmission lines. 4-107 Letter Q . Fred Davis Rt. 2, Box 226C Oakley, CA 94561 February 9,''1993 -`14 Community Development 93 FEB 12 AM tf: 53 651 Pine St. 4th Floor North Wing �y t4 i?f C`V«^-�v,:�`T LcPT. Martinez, CA 94553-0095 Dear Mr. Beresford; Re: December 1992 - Environmental Impact Report for Cypress Lakes and Country Club Project, County of Contra Costa, California Ref. Page Topic 1.6 DISCRETIONARY I. LAFCO - stated purpose for being in existance is for discouraging and limiting urban sprawl. 2. FINANCING & MAINTANCE DISTRICT - The language is so ambiguous and vague as to defy rational understanding of the entire paragraph. 3. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM - N.P.D.E.S. PERMITS - It is my understanding from Reclamation District 799 a permit' shall•be required and or a water treatment prior to Q�1 discharge into Sandmound Slough. 4. SECTION 404 PERMIT - According to E.P.A. , Section 404-1B Guidelines generally precludes issuance of .a permit to backfill wetlands for a subdivision. Residents will request a public gearing on permit. application. ' 5. DEVELOPMENT AGREEMENT - In absence of a present agreement how can the terms and conditions be reviewed by the public under which the project will be developed? 6. STREAMBED ALTERATION PERMIT - The local residents will request a Public Hearing upon application for a streambed alteration permit from California Department of Fish and Game. 2.4 3-1 LAND USE PLANNING AND PUBLIC POLICY a. General Plan Policy that development plan density should be at density maximum causes nearly all the problems associated 0.2 with attempts to mitigate the adverse impacts of that density. b. JOB/HOUSING IMBALANCE - is not mitigated by calling a 10 year build-out a short term unavoidable impact. The E.I.R. should provide a description of the number of jobs, types of jobs, pay scale, and whether or not those job holders could afford a house in the project. 3.56 3.2 TRANSPORTION/CIRCULATION - E.I.R. has various lists of 10,287 vehicle trips/day on page 2.6 to 12,017 vehicle trips/day on page 3-39. In addition, page 3-56, second paragraph -- states without the Delta Express Way Project and Route 4 Improvements the Bethel Island area cannot be accommodated without severe Q'3 traffic and congestion problems. Deferment of road improvements to the future is not a mitigation. We are in agreement witt► well planned communities, such as Brentwood, who require street- road improvements to be in place before the first house is built. Anything less than this tends to make East County residents second class citizens. 4-108 ' Page 2 3.56 3.2 - b. CONSTRUCTION TRAFFIC IMPACT - does not begin to address the discomforts and inconvenience, associated with health hazards from living down wind from a 700 acre dirt storm for 10 years. There should be mitigation measures for cleaning people's homes, boats, and vehicles on a weekly basis and indemification for damage to resident property (personal 0-4 or real) and rest homes. Simply stating that the traffic exceeds Bay Area Management District Guidelines for ROG and NOx by 150 lbs. pollution does not relieve the developer and the county from responsibility for compliance with the Bay Area 1991'C2ean Air Plan. " In light'of the t lean Act of 1991, why would the applicant use 1970 federal standards and 1967 state standards for the pollutants mentioned on AIR QUALITY DATA TABLE for Bethel Island 1988-91? 3.4 VEGETATION AND WILDLIFE - animal population and tabulation was was done inefficiently and incorrectly, mainly by omitting many species, incorrectly stating others may be present when in fact, they are. We feel that the removal 0-5 of 700 acres of habitat adversely impacts the wildlife. Simply to infer that this is not detrimental to wildlife because there is still some habitat left is woefully ignorant and inherently dangerous to the survival of all wildlife. 3-106 CONFORMANCE WITH VISUAL RESOURCE POLICIES - 1. The statement that the project site topography would not .be' clianged.yisually is outrageously wrong. We feel that it is impossible to dig a 60 acre lake and channels 20 feet 0-6 deep and pile the recovered spoils into a containment dike 20 feet high, and at the same time contour grade a 160 acre golf course, and erect 1330 homes with associated streets, gutters, and sidewalks, and then say that the visual characteristics have not been changed significantly. This is a museum grade example of fork-tongued English. 3.5-8 ADDITIONAL MITIGATION MEASURES - 1. The entire paragraph about landscape maintenance district or other funding source is vague, inprecise, and ambiguous in 0-7 that no one place in the E.I.R. ever states how much of a monthly burden home owners are assuming in terms of assessment district or Note owner association dues and other, so far not revealed, costs. 0'8 13.6 NOISE - It is idle speculation to attempt to quantify the noise level generated by doubling the area population. 3-116 3.6-2 CONSTRUCTION NOISE - , b."Operations of any machine or device which generates a noise level greater than 95 DB at 50 feet should be prohibited where ever feasible." Who decides what is feasible and why should the prohibition be conditioned? That is an example of an 0-9 inadequate attempt at noise mitigation. This;'temporary , short-term impact would be unavoidable". This bears keeping in mind that their definition of short-term impact appears to be as long as 10 years, based on their own build-out schedule. 4-109 3-120 3.7 HYDROLOGY & DRAINAGE Page 3 - a. In general detention basins are poor design features and cause more problems than they solve. 0-10 b. Parks and playing fields should not be required to act as detention basins, particularly_-when the park is the highest point on the project site. 3-125 GROUND SUBSIDENCE - The EIR attempts to downplay the seriousness of the ground subsidence potential, when the following factors are considered; ground liquifaction during, but not necessarily limited to seismic events, dewatering of the ground during construction, and following excessive 0-11 pumping 805,200 gallons a day of ground water. The above, combined with a new and relatively untested method of compaction, by the soils engineers report admission Could very well damage existing levees and residences. Therefore, we insist a BOND should be put up by the applicant to indemnify present homeowners and Reclamation District 799 against any damage caused by the applicant's construction activities. 3-134 SEISMIC RESISTANCE - In regards to .seismic resistance, engineers in general have a very POOR TRACK RECORD in 0-12 designing earthquake resistant structures, as evidenced by the number of buildings, bridges, overpasses and dams that have failed during earthquakes in the last 30 years. WATER QUALITY - The quality of Contra Costa Water District 0-13 13-139 depends on what you are comparing it to. Few people drink it. Those who do generally regret it. 3. The Delta is not subject to a "tsunami (wind generated) waves", 0-14 1 any school boy in California that a tsunami is generated by seismic activity and not by wind. The statement that the storm drain system would be a wet 0-15 system with water standing in storm drain pipes all- the time converts the storm drain system to a sewer system. Truck disposal of storm drainage is the most inefficient and expensive method I've ever heard proposed. Last paragraph on page 3-139, states, "no additional pumping of ground water is proposed to maintain the water level of the lake and channels". This cannot be true in view of the 0-16 statement elsewhere in the E.I.R. that irrigation of the golf course and landscaping requires .805,200 gal/day taken from the lake. The lake would go dry without being replenished by groundwater. This is extravagant and wasteful use of water resources, considering the constrants and restrictions placed ' on everybody else due to the six years of drought. 3-140 The last half of page 3-140 and top third of page 3-141 in an 3-141 attempt to describe the damage control efforts to keep the lake clean, wind up making what is an accurate description of a Settlement Pond for toxic wastes. Nobody seriously 0-17 believes that plants would filter out contaminants any more efficiently then the fish decimate the mosquito population, in lieu of a modern water treatment facility and a mosquito abatement district. 3-146 3.7-15 The weak proposal regarding street sweeping again appears to be an attempt to push on to the already overburdened 0-18 shoulders of the homeowners association responsibility for a traditionally governmental function. 4-110 page 4 3-155 Kleinfelder's analysis of a 6.75 earthquake doesn't include include the information from the U.S. Geodetic Survey in Menlo Park that states, a quake of that size or greater has a high probability of occuring in the next 30 years. Additionally, lie goes on to say, "Seismic Activity alone has 0-19 never caused a levee FAILURE IN THIS AREA. I would like to point out that neither has a volcanic erruption, a direct hit by a meteor, or a nuclear accident. From analysis by other independent soils engineers, this entire soils report seems to be flawed and seriously tilted towards describing major , hazards as seemingly minor inconveniences. 3-177 Says "Cypress Lakes Project would be expected to have 918 students from kindergarten through high school, requiring one 0.20 new elementary school, 30% of a new middle school and 20% of a new high school". 3-27 3.1-2 States - "The project marketing should be oriented toward seniors and .retirca people to reduce commute traffic from 0-21 the project." What a novel idea - to build new schools for seniors and the elderly, simply to reduce traffic from the project. THATl A NICE TOUCH. 3-209 Addressing the lack of a natural gas distribution system by by substituting an electric system in its place is not a , mitigation of a substantial effect. Rather, it is one of 0-22 the most expensive ways to heat water and space known with the possible exception being - the burning of paper money in a fireplace. Ask anybody who has an electric water heater or furnace to describe their- PG&E bills. 3-217 The small section of E.M.F. demonstrates, once again that the preparers of this document are dangerously ignorant, witness the following statement, "only seven states have adopted regulations to limit intensity of electric fields in transmission lines right-of-ways." The state of:. , 0-23 California does not have standards. Sounds like we are going to rank last nationally once again. This is a very important aspect of health related issues. If they had read read our privately commissioned. study by the state's._leading expert in this field, they couldn't possibly have come to the same conclusions. We wish the planning commission to take note of the following assertions: 1. The vast majority .of the area residents don't want the project, don't need the recreational opportunities because . they're too blisy trying to survive, and certainly wouldn't trade what they have for quote, "housing opportunity in a P.U.D.". That, by the way, is a government euphemism for ' 0-24 uniform mediocrity. 2. Because of the county's potential liability for a failed project, we feel it is only prudent for the planning commission to reserve their decision until all present litigations and government investigations have -run their course. The applicant so far has struck out in every court decision. One can only expect similar results in the future. Sincerely, Fred Davis , 4-111 Response to Letter-0: Fred Davis, February 9, 1993 Response Q-1: The following responds to the various points identified by the commentor: 1. LAFCO has several purposes. One of these purposes is to provide for orderly urban development within the County. 2. Financing and Maintenance districts are common entities in Contra Costa County. 3. Comments noted. See Mitigation Measure 3.7-17 in the DEIR. 4. See Mitigation Measure 3.4-6 in the DEIR. 5. A development agreement, if entered into, would be the subject of a public hearing. 6. See Mitigation Measure 3.4-6 in the DEIR. Response Q-2: Comments noted. The proposed project is not proposing the maximum density allowed under the Off-Island Bonus Plan. Page 3-27 of the DEIR specifically identifies that the project would worsen East County's Jobs/Housing balance until additional businesses and jobs could be attracted to East County. Response Q-3: The trip generation estimates for the project are contained in Table 3.2-3, page 3-39 of the DEIR. 10,287 average daily trips would be generated by the approved 1,330 single-family homes. 12,017 average daily trips would be generated by the entire development (including single-family homes, golf course, clubhouse, swim club, day-care, and other proposed uses). The statements on page 3-56 of the DEIR identify that the Delta Expressway and improvements to SR4 are necessary to accommodate cumulative development in Oakley, North Brentwood and the Bethel Island Area, not just the proposed project. The intent of the mitigation measures is not to defer improvements, but rather to have them constructed when traffic and development warrants; see Page 3-58 of the DEIR. Response Q-4: Dust control measures are specified on page 3-70 and 3-74 of the DEIR. These measures are proposed to avoid the types of impacts identified by the commentor. The DEIR on page 3-75 identifies that the project would result in an unavoidable adverse impact on regional air quality. 4-112 The current Federal and State ambient air quality standards are listed in Table 3.3-1, page 3-65 of the DEIR. Response Q-5: Comments noted. The comments reflect the opinion of the commentor. No other response is necessary. See Response C-1. Response Q-6: The comment is correct that views from Sandmound Boulevard will be significantly impacted. To reduce this impact, landscaping has been proposed as mitigation. Page 3-106, third paragraph states that "even with landscaping of the levee and outside the levee, the views for residences located across from the project site along Sandmound Boulevard would change significantly with the proposed project...The resulting change in views with the project would be unavoidable." Response Q-7: Comment noted. The comment pertains to financial issues and does not address an environmental impact. No other response is necessary. Response Q-8: Comment noted. The noise analysis in the DEIR was prepared by a qualified acoustical consultant; see noise discussion, Chapter 3.6, Page 3-109 of the DEIR. No other response is necessary. Response Q-9: Comments noted. Contra Costa County would be responsible for monitoring compliance with these mitigation measures. Construction period noise would generally occur within the first year of construction which would include the levee system and lake/channels. Once the levee system is completed the noise from on-site construction activities would be reduced in off-site areas because the levees would act as a noise barrier. Response Q-10: Comment noted. The comment represents the opinion of the commentor. Parks and playing fields would not be used as detention basins. The 100-year storm event would be fully accommodated within the lake/channels. See Responses L-7 and Z-20. 4-113 Response Q-11: The DEIR discusses the potential impacts of subsidence, liquefaction and seismicity in Chapter 3.8, page 3-156 to 3-159. See Responses 0-8 and Z-20. Response Q-12: Comment noted. The comment addresses an issue unrelated to the proposed project or an environmental issue. No other response is necessary. Response Q-13: Comment noted. The quality of water from the Contra Costa Water District is not the subject of this EIR. No other response is necessary. Response Q-14: The DEIR on page 3-139 is incorrect, and is corrected as follows: "The Delta area is not subject to tsunami (earthquake-generated) and seiche (wind- generated) waves." Response Q-15: Comment noted. The comment represents the opinion of the commentor. The project includes a water quality maintenance plan which includes continuous circulation of the water so the water will not stand in the underground pipes for extended periods of time. Response Q-16: No additional pumping is proposed for the direct purpose of maintaining the lake level. The water level in the lake and channels would be maintained by the natural groundwater level. Response Q-17: Comments noted. The comments represent the opinion of the commentor. The proposed water quality plan utilizes techniques that have proven to be effective in providing and maintaining adequate water quality. Response Q-18: Comment noted. The comment represents the opinion of the commentor. See Mitigation Measure 3.7-15 of the DEIR which addresses the potential need for funding of the street sweeping through the Homeowner's Association. No additional response necessary. 4-114 Response Q-19: The DEIR at page 3-155 states that a "6.75 earthquake creating peak ground acceleration of 0.2g or greater would probably result in liquefaction of near surface sands and silty sands over most of the site, unless proper mitigation measures are implemented." Mitigation Measure 3.8-5, page 3-161 of the DEIR specifically addresses methods to mitigate the liquefaction potential present on the project site. Response Q-20: The meaning of the comment is unclear, and consequently, an appropriate response is not possible. The impacts of the project on school facilities is discussed in Chapter 3.9 of the DEIR. Mitigation measures are proposed on Page 3-179 of the DEIR. Response Q-21: Comment noted. The comment represents the opinion of the commentor. The project is not proposed to be a seniors-only development. Therefore, children would be expected to reside within the project. No other response is necessary. Response Q-22: Comment noted. The comment represents the opinion of the commentor regarding whether the proposed project should be served by electrical or natural gas lines. No other response is necessary. Response Q-23: Comment noted. See Responses P-1 and FF-22. Response Q-24: Comment noted. See Response 0-18. 4-115 LAW OFFICES OF "" ' H DICKSON & ROSS 1970 BROADWAY, SUITE 1045 r4j �Lj 17 ( 1! OAKLAND, CALIFORNIA 94612 LS KATHRYN BURKETT DICKSON r^, _ `: 4 PHONE:(510)2G8-1999 �_, �, IEFFREY A.ROSS Letter R - " �r'.' �^�`�T FAX(510)2G8-3G27 February 16, 1993 Via Facsimile with Hard Copy By U.S. Mail - S ' • Ater 12VA) I aN Art Beresford ck 0 *. 05 Contra Costa County PH S Community Development Department 651 Pine Street, North Wing, Fourth Floor Martinez, ,CA 94553-0095 Re: Draft EIR on Cypress Lakes and Country Club Project Dear Mr. Beresford: My office represents the Greenbelt Alliance, Sierra Club, and ' Mount Diablo Audubon Society. On September 28, 1992, we submitted extensive comments on the original draft environmental impact report (EIR) for this project. The revised draft EIR addresses some, but not all, of our original comments. We therefore incorporate our original comments to the extent they remain applicable. ' These environmental organizations continue to oppose the proposed project for several important reasons, including the precedent for additional growth and suburbanization of fragile ' delta lands; contribution to cumulative traffic impacts, particularly on Highway 4, as well as regional air quality impacts, neither of which can be adequately mitigated; worsening of the ' jobs/housing balance in the area; impacts (both direct and indirect) on wetlands and the delta environment; and loss of open space. We also continue to be concerned about the County's lack of wisdom in allowing urbanization in areas prone to flooding and ' destructive peat fires. We have, nonetheless, attempted to work with the developer to explain our views, and to provide input. We have met and talked with the developer and-the developer's representatives on a number of occasions. Such meetings are currently on-going, and we intend to continue to submit both formal and informal comments throughout the proceedings. We submit the following comments on the current draft EIR, several of which have been discussed previously with the developer. Table 1-1. Page 1-6 R"1 The original EIR had three additional acres of "wetland 4-116 r Art Beresford ' February 16, 1993 Page 2 mitigation/buffers" and three fewer acres devoted to single-family R-1 residential housing. Why was this acreage (nearly 20%) removed from wetland mitigation and added to housing? , Section 1.6. Page 1-12 What is the status and schedule for these various permits? R-2 What are the opportunities for public involvement regarding these permits? Section 2 . pages 2-1 through 2-34 The summary does not consistently report on the level of significance of the various impacts. For example, no level of significance is attached to "vegetation and wildlife impacts" on ' page 2-11, an issue of critical importance in this particular R-3 Project area. Similarly, section 3.5, subsection b (visual quality) lacks any identified level of significance. In addition, the summary appears to assess the remaining significance of ' environmental impacts after mitigation, for only some of the mitigation measures, but not for many others. This inconsistency is confusing. Pages 3-12 and 3-13 When discussing the General Plan's land use policies, the EIR omits General Plan policy 3-79, which requires "clustering" of development in the project area, "with development rights on the R-4 undeveloped land dedicated to the County." The project does not consist of "clustered development" and therefore does not comply ' with this policy. Pages 3-18 and 3-19 The discussion of "Impacts of Other Planned Uses in �. Surrounding Areas" is inadequate. The "pending applications" for three other residential/recreation projects are not described at all. More information should be provided both in this section and R-5 in the cumulative impacts section. Diagrams of the proposed applications would be very helpful to the reader. A discussion of plans for, and the status of the Cypress Corridor project should ' also be added. Page 3-83 and Figure 3 .4-2 The text and diagram indicate fairly limited wetlands on the project site. The wetlands delineation that was performed after four years of drought. Observations during this winter (normal conditions) indicate significantly larger areas of inundation used R-6 by wildlife. We therefore request that a further analysis and delineation of wetlands take place during the 1993 Spring. We intend to discuss this, as well as other wetlands issues, in discussion with the developer's biological consultant in the near future. i 4-117 Art Beresford February 16, 1993 Page 3 , Page 3-88 The Final EIR should reflect the current status of the R-7 County's Wetlands Protection Ordinance. Pacte 3-125 With respect to ground subsidence in the project area, the EIR states only that "because the project site and Hotchkiss Tract is R-8 on the edge of the delta, ground subsidence has not been as significant as in other areas of the Delta. " This statement is inadequate since it provides no actual data or information regarding subsidence in the project area. How much subsidence has ' occurred? Page 3-139 The EIR should more clearly identify the permitted or anticipated uses of the project lake(s) . It is our understanding from discussions with the developer that since the lake is R-9 essentially the drainage system for the development, motor boating and swimming are not allowable uses in the lake and channel areas. If this is the case, the EIR should clearly so specify since an identification of uses is necessary to determine potential impacts -- for example noise impacts, water quality impacts, and health impacts. Page 3-178 ' The EIR should more fully discuss the dispute between the developer and the school district as to whether a 7.4 acre potential school site is adequate, or whether a 10-acre site should be set aside. The EIR should evaluate a mitigation measure R-10 requiring a redesign of the project to include a 10-acre site. The EIR should more fully describe the project's impacts on the local school districts prior to the time a new school is built. For example, what class size differences will the project entail. Pages 3-194 through 3-198 This draft of the EIR appears to be the same as that contained in the original draft. Therefore, our earlier comments apply: ' The EIR has not demonstrated that the Oakley Water District has the water allocation. or ability to provide adequate water supplies to the proposed project. R-11 The EIR should provide data and analyses on the following issues so that the public and decisionmakers can determine the Oakley Water District's capability of providing service: 1) actual and average annual water delivery to the Oakley District during the past five years; ' 4-118 r Art Beresford ' February 16, 1993 Page 4 2) water usage by the District's users in 1992; 3) projected water demand for approved but unbuilt units within the service area of the Oakley Water District; 4) projected water demand for buildout of units under , R-11 the Contra Costa County General Plan within the service area of the Oakley Water District; 5) a demonstration that the drought emergency identified in Drought Emergency. Regulations, Regulation 9, is over. Section 4 of that regulation states no new landscaping may take place , unless the plans for irrigating and landscaping are approved by the District. Pace 3-195 , More explanation of the following statement should be provided: "Service to the BIASP area has been discussed by the District in their October 1992 [sic -- should be 1991] Master Water Plan, but the necessary treatment capacity, transmission facilities, and storage requirements were identified as a developer and/or possible condition of annexation cost." First, what does R-12 the Master Water Plan actually say about service to the Bethel Island Plan area? Second, what are the costs of the facilities the developer would be required to supply, and has the current developer committed to providing those facilities or costs? , The EIR should provide more information on "service by a new district." No real data, information, quantity of water rights, or cost figures are provided. Page 3-197 The EIR should provide further information including specific R-13 data and analyses, on the impacts of use of groundwater for the domestic water supply. Page 3-197 ' The "will serve" letter from the Oakley District (Appendix F) provides no assurance that the District has the available capacity ' to supply this project. The letter merely says it will serve the project if all District regulations are met. Regulation no. 7 states that no new water service will be connected with the R-14 District's water distribution system unless "the District solely ' and conclusively determines that its water treatment storage and distribution facilities . . . are sufficient permanently to provide a safe, reliable and adequate water supply to the land to be served." (Appendix F) The EIR contains no demonstration that the District has arrived at such a formal conclusion. If it has, the data supporting such a finding should be included in this EIR. ' 4-119 , Art Beresford February 16, 1993 Page 5 1 Page 3-205 The groundwater management plan contained in mitigation measure 3.10-1 should be prepared now and made available for public review and comment, as well as environmental analysis. Deferring R-15 the preparation of such a plan for later staff review and approval violates CEQA's requirements for public participation and adequate environmental review. ' Pages 3-202 through 3-206 This draft of the EIR appears to be the same as that contained in the original draft. Therefore, our earlier comments apply: The EIR's discussion of sewage treatment capacity is inadequate. The EIR has not demonstrated that wastewater treatment and discharge capacity is available for the project. The ostensible "will serve" letter (Appendix G) is so highly conditioned as to be meaningless, by stating, for example: "Service will be provided at the time of issuance of building permit subject to there being available treatment plant capacity" and that "this letter is . . . not to be taken as a guarantee of service. " ' The EIR should provide data and analyses on the following issues, at a minimum, so that the public and decisionmakers can determine the Oakley Water District's capability of providing service: 1) unallocated wastewater treatment capacity of Ironhouse Sanitary District; R-16 2) unallocated discharge permit capacity for the ' Ironhouse Sanitary District; 3) projected wastewater treatment and discharge needed for approved but unbuilt projects, buildout of projects allowed under the County and relevant local General Plans within the existing sanitary district boundaries; 4) level of treatment required by the Regional Water Quality Control Board and cost of treatment needed for providing service to this project; 5) compare with the Capital Improvement Program to identify how and when wastewater treatment facilities will be built as correlated with the time schedules proposed for this project, which should be specifically identified in the EIR. Page 3-202 R-17 The EIR should provide more information regarding the plans ' 4-120 Art Beresford ' February 16, 1993 Page 6 for increasing the Oakley Treatment Plant capacity up to 8 mgd, R-17 including the projected dates. The date of the latest information provided in the EIR is May, 1992, and that information is now outdated. More current information should be provided. Page 3-202 through 3-203 The figures on this page should be specifically related to this project, e.g. , how many acres of land disposal will be required for this project's treated effluent. More information R-18 should be provided on the status of the Regional Board's review of ' permit applications for additional land disposal area, as well as other discharge mett-.ods. The existing information is far too scant for an intelligent assessment of the true environmental impacts of the proposed project. Page 3-203 As was true with the earlier draft EIR, the information in R-19 this EIR does not demonstrate that the project will comply with General Plan policy 7-33. Pages 3-216 through 3-217 Again, it appears that this revised draft has not responded to our earlier comments, which were as follows: With respect to historical pesticide storage and application on site, the EIR should reveal the data and information available, R-20 rather than referring the public to yet another report available only at County headquarters. The information in that report should be summarized, at the very least. The types and quantities of pesticides used and stored should be provided, along with the known or suspected health hazards of such pollutants. Was any assessment done other than ground surface? Explain the results. If no such additional studies were done, why not? Page 3-217 The types and quantities of pesticides appl•iedthrough aerial R-21 spraying should be provided along with the known and suspected ' health risks. Pages 3-217 through 3-218 , Again, it appears that this revised draft has not responded to our earlier comments, which were as follows: Far more information should be provided on the controversial nature of high voltage transmission lines. Both the California R-22 Public Utilities Commission and the EPA have recent studies and reports available on this issue. The PLIC has recently held a series of hearings on these issues. The EIR should identify the width of rights of way and setback requirements that at least seven other states believe necessary to protect public health and safety, 4-1.21 ' Art Beresford February 16, 1993 Page 7 particularly for children who are much more highly affected by such lines. The EIR should investigate and disclose whether "ball fields" are an acceptable use within the right of way for multiple R-22 500 kv lines. The issue of the effects of high voltage lines is particularly 1 sensitive for this project which proposes to place 60 or more homes in close proximity to these high voltage lines. The EIR must discuss these issues in greater depth. Page 3-221 Mitigation measure 3.11-1 does nothing to actually reduce the ' impacts and health risks from placing new residences in an area R-23 adjacent to aerial pesticide spraying, and cannot support a conclusion that such risks have been fully mitigated. It is one thing to say that risks have been disclosed -- it is quite another to say that they have been eliminated. Page 3-222 Similarly, mitigation measure 3.11-4 does nothing to actually reduce the impacts and health risks from placing new residences in an area adjacent to high voltage transmission lines, and cannot R-24 support a conclusion that such risks have been fully mitigated. The EIR should consider as a mitigation measure a redesign of the site plan to ensure that all homes are at least 1000 feet from ' the edge of the right of way of all 500 kv transmission lines. Page 4-5 This alternative should be revised to include true "clustered" R-25 development of the 136 units, and should be re-examined. ' Page 4-10 There is no support for the assertion that this alternative would result in placing residential uses next to agricultural uses, natural gas extraction areas and electrical transmission lines. ' R-26 The project could easily be designed to avoid such areas for the 510-unit alternative, if it were properly clustered. The Final EIR should properly analyze such an alternative. ' Page 5-9 The EIR provides inadequate information on the growth inducing impacts of the proposed project. This proposed project will inevitably lead to the need for commercial facilities and will increase pressure for conversion of other agricultural lands in the Delta. The EIR should provide specific information about the ' R-27 surrounding area in the Delta which will be threatened by these pressures, identifying the acreage involved, its location, and status as agricultural land. A clear diagram would be helpful. In addition, the EIR should identify any pending applications for ' 4-122 Art Beresford February 16, 1993 Page 8 ' development in these adjacent areas so that a clearer understanding R-27 of the near-term growth inducing impacts can be analyzed. These comments are supplemental to any other written comments or oral testimony presented by or to be presented by the Sierra ' Club, Greenbelt Alliance and Mount Diablo Audubon Society. We thank you for the opportunity to submit these comments. We will further address them in our discussions with the developer and the developer's consultants. Sincerely, )xr, /_- Kathryn Burkett Dickson ' KBD:dt cc: Mark Evanoff Dave Nesmith Al McNabney 1 1 4-123 ' Response to Letter R: Dickson & Ross, February 16, 1993 As indicated in the commentor's letter, their previous letter is incorporated by reference. However, the commentor specifically identifies those areas of the previous letter that have been incorporated by reference. These comments are addressed below. Response R-1: Table 1-1, page 1-6 of the revised EIR was revised by the project applicant's engineers to more accurately depict the proposed land uses. The amount of land devoted to single-family residential uses has been reduced from 246 acres to 242.9 acres. The wetland/buffer acreage was reduced because the original number included some park land which should not be considered buffer. ' Response R-2: 1. LAFCo Approval - The applicant is in the process of writing a letter to the County ' requesting it to adopt a Resolution of Application which will request LAFCO to start the proceedings for the reorganization/annexation. Since there are multiple reorganizations/ annexations, the Board of Supervisors will be designated the local agency on these ' actions. State law requires LAFCO to hear the application within 90 days from the date the application is deemed "complete." This hearing is a public hearing. Within 35 days following LAFCO's adoption of a Resolution approving the reorganization/annexation, ' the Board of Supervisors must set the matter for another public hearing. After the public hearing, the Board will make a decision on the request. 2. Financing and Maintenance Districts - These districts would not be established until after the project is approved. The establishment of these districts would be the subject of ' public meetings. 3. National Pollutant Discharge Elimination System (NPDES) Permit - This permit would be issued prior to the issuance of grading permits for the project and prior to allowing any discharge from the project site into Sandmound Slough. This permit is generally not subject to public review and comment. 4. Section 404 Permit - This permit would not be sought from the Army Corps of Engineers until after the project is approved. As part of the permit process the Army Corps of Engineers posts a notice of the intent to issue a permit in the Federal Register for public review and comment. 5. FEMA Approval - An application is currently being assembled to request that the project area be removed from the 100-year flood plain. This application would contain complete construction documents (plans and specifications) for the internal levee. FEMA does not ' 4-124 1 review these plans in public meetings. The appropriate time to object or support the ' internal levee is during the public meeting on the project. 6. Development Agreement - A development may be requested if the project is approved. ' Hearings on the Development Agreement would be open to public comment. 7. Streambed Alteration Agreement - This agreement would not be obtained until a project ' is approved. In general, the California Department of Fish and Game does not solicit public comment regarding streambed alteration agreements. ' These permits are typically obtained after certification of the environmental document. With regard to the Section 404 and Streambed Alteration permits, the U.S. Army Corps of Engineers and California Department of Fish and Game have their own noticing requirements. Response R-3: The level of significance of item 3.4.a. should be indicated as Potentially Significant (PS). The level of significance for item 3.5.b. should also be Potentially Significant (PS). In cases , where more than one mitigation measure is proposed for a particular impact, the level of significance is indicated at the end of the Mitigation Measures in the right-hand column, not after each mitigation measure. Response R-4: h w land use designations: 1 Agricultural Lands and 2 Off-Island , The protect area as two g ) gn ) Bonus Area. Clustering is required for development under the "Agricultural Lands" land use , designation. The project proponent has elected to develop under the "Off-Island Bonus Area" land use designation which does not require clustering. This distinction is discussed on page 3-9 of the DEIR under "Agricultural Lands (AL)." ' Response R-5: The three other residential/recreational projects in the Bethel Island area include South ' River, North State Development and Lesher Landing. These projects, in addition to others, are discussed in the cumulative impacts discussion beginning on page 5-2. These projects, including their size and location, are listed on page 5-2. Figure 3.1-1, page 3-4 of the DEIR depicts the location of other planned projects in the Bethel Island Area in relation to the proposed project. There are no development applications on file with the County for property in the Cypress Corridor. The future development potential of the Cypress Corridor is derived from information (i.e. land use designations) contained in the General Plan. Please see Letter X which indicates that the Lesher Landing application lication has been revised as of February 5, 1993 for 571 units or approximately 361 acres. Because this project has been reduced substantially in size from that reported in the DEIR (see Page J-2), the corresponding , 4-125 ' cumulative impacts of the proposed project when considered in conjunction with proposed adjacent development would be reduced. Response R-6: See Response C-1. Response R-7: The County Wetlands Protection Ordinance is still in a draft form. No specific date for approval by the Board of Supervisors has been set at this time. ' Response R-8: Ground subsidence in the project began with reclamation of the area, construction of the existing levee system, and the beginning of agricultural practices. Since ground subsidence has been occurring over such a long period of time, the precise amount of subsidence cannot be determined,However, ground subsidence is a serious concern in some areas of the delta underlain by thick deposits of peat. Extraction of oil and gas deposits and oxidation of surface peat soils ' have also been known to cause a lowering of existing ground surface. None of these conditions exist at the project site. Numerous test borings confirm that except for an upper loose sand layer, approximately 10 feet in thickness, the underlying materials are not organic and consist of dense sand and silt soils. Response R-9: The uses permitted for the lake and channels are described on page 3-183 of the DEIR. Non-motorized boating would be allowed on the lake and no skin-contact (swimming) would be ' allowed. The lakes are also proposed to provide an aesthetic feature to the project. Response R-10: The DEIR on page 3-179, Mitigation Measure 3.9-7, clearly states that the school site should be enlarged to 10 acres per the OUESD requirements. The intent of the Mitigation is to ' enlarge the proposed site by redesigning the loop roadway and reducing the number of units south of Cypress Road or through the acquisition of neighboring parcels with the cooperation of OUESD. The DEIR, beginning on page 3-177, clearly identifies that the project would have a ' significant impact on local school facilities if additional school facilities are not provided. It is the intent of the project and mitigation measures in the DEIR that the project provide sufficient funding and a school site so that a new school facility is completed early in the phasing of the project so that the project would not result in an adverse impact on the local school districts' facilities. Also see Response_I-1. 1 4-126 Response R-11: The water distribution of the Oakley Water District over the past five years by month is shown in the following table. ' WATER DISTRIBUTION (IN MILLION GALLONS) Rear JAN FEB MAR APR MAY JUNE JULY AUG SEPT OCT NOV DEC Total 1988 72 79 100 101 110 124 147 138 129 112 82 75 1,194 1989 64 70 67 106 145 161 174 158 132 99 86 98 1,360 1990 77 63 96 126 141 145 162 153 130 119 84 70 1,366 1991 66 1 51 1 40 1 62 115 131 135 116 116 1 75 1 75 1 82 1,100 L1992 ] 80 76 82 115 160 141 160 170 148 130 106 87 1,455 OWD estimates that the ultimate average day water demand for the proposed sphere of influence of OWD and the Bethel Island/Hotchkiss Tract area at build-out will be approximately 18.1 million gallons per day (mgd) and 30.7 mgd for the maximum day. The estimated average day demand of the Cypress Lakes project under full development is expected to be 1.6 mgd, which is included in the 18.1 mgd ultimate demand for this area. OWD's current average day demand is approximately 4 mgd with a maximum day of approximately 6.8 mgd. Seeing the need for approximately 30 mgd of treatment plant capacity to accommodate the ultimate maximum day demands, OWD constructed jointly with Contra Costa Water District (CCWD)the Randall-Bold Water Treatment Plant which is now in operation. By agreement with CCWD, OWD is currently paying for, and has the right, to use 15 mgd of this 40 mgd facility. The plant has been designed to permit enlargement to 80 mgd which entitles OWD to increase its allocation up to 30 mgd. The Joint Powers Agreement between OWD and CCWD for the Randall-Bold Plant states that OWD shall have first rights to serve the Bethel Island/Hotchkiss Tract area with treated water. As a result, OWD has the water allocation and ability to adequately provide water service to the project. The District's regulation No. 9 is stili in effect. The District has and continues to review ' plans for irrigation and landscaping to verify that they comply with Contra Costa County ' Ordinance No. 90-59 (Water Conservation Landscaping in New Developments). Once the landscape plans for a new development are in compliance with said ordinance the District then approves the plans. Response R•12: The Oakley Water District has sized its mains in order to meet the flow requirements for not only its current service area but also for water service to the Bethel Island/Hotchkiss Tract area. As mentioned in the DEIR, page 3-191, OWD has secured adequate treatment plant 4-127 capacity to serve both these areas to build-out. District policy states that the developer shall bear the cost for extending mains to his or her development. OWD's 1991 Master Plan anticipates ' that water storage and pressure boosting pump facilities will be needed in addition to the main extension for the Bethel Island/Hotchkiss Tract area. These costs would also be born by the developer. The exact costs and the scope for these facilities are generally determined after the developer has an approved project. It would be premature to try to determine what the exact scope of these facilities should be at this time. After the facilities are installed and accepted by OWD the developer is then reimbursed for the portion of the facilities that were installed to serve areas beyond the boundaries of the development. The funds for reimbursing the developer are included as a part of the connection fees paid for each water meter that is set anywhere within the District. Since the OWD has expressed interest in serving the proposed project and has tadequate capacity to serve the project, additional analysis of service by a new district is not warranted at this time. Response R-13: The project is not proposing to use groundwater for domestic water supplies. ' Groundwater pumped from on-site locations would be used for landscaping purposes only. Response R-14: OWD has the capacity at the present time to provide adequate water service to extensive areas beyond its present boundaries. The District's Master Water Plan demonstrates the ' feasibility for possible extension of water service to the Bethel Island/Hotchkiss Tract area. Completion of the Randall-Bold Water Treatment Plant further demonstrates OWD's capability to provide water service to not only its current service area but also the Bethel Island/Hotchkiss Tract area which includes the Cypress Lakes project. ' Response R-15: Mitigation Measure 3.10-1 is on page 3-199 of the DEIR. This mitigation measure clearly states the contents of the groundwater management plan and the issues it should address. The specific requirements contained in the measure provides an opportunity for the public to address the adequacy of the scope of the groundwater management plans and does not violate the ' requirements of CEQA. Response R-16: The Ironhouse Sanitary District has a current treatment capacity of 2.3 mgd and disposal capacity of 2.9 mgd. Of this capacity, 0.7 mgd is currently unallocated. The 0.7 mgd would be sufficient to serve approximately 3,000 units. Therefore, there is currently sufficient available unallocated capacity to serve the project. (David Bauer, Ironhouse Sanitary District) 4-128 The District has indicated that they are near their discharge permit limit. However, the RWQCB has stated that the District may exceed the flow limits with no consequences. The RWQCB does not want to update the permit until the plant expansion is completed, which is currently scheduled for 1995. (David Bauer, Ironhouse Sanitary District, March 1993) The District knows of only 50 units which are approved but not connected to their system. These units would require 11,250 gal. per day of the currently available treatment capacity. The level of treatment required for this project is the same as for all projects in the District. The District is preparing and EIR for plant and disposal capacity expansion to approximately 8.0 mgd. The EIR is scheduled for completion in 1994. Phased construction of the plant would begin when flows approach 2.3 mgd. When compared to the construction timeframe for the proposed Cypress Lakes project, which is ten years, the District has adequate available capacity at the present time and the District's capital improvements and expansion plans would be completed before completion of the Cypress Lakes project. Therefore, adequate sewer treatment and disposal capacity currently exists and would continue to exit through implementation of the Districts current capital improvements plans. Response R-17: See Response R-16. Response R-18: As discussed in Response R-16, the Ironhouse Sanitary District currently has unallocated capacity (including disposal capacity) for 0.7 mgd. Because the proposed project could be accommodated within this unallocated available capacity, it is not necessary to determine the precise amount of disposal area necessary to serve the project. (See Response R-16.) Response R-19: Policy 7-33 of the County General Plan states that the County shall require new development to demonstrate that wastewater capacity can be provided either by existing available capacity or through a funded program for additional capacity. There is currently adequate unallocated capacity available to serve the proposed project. See response R-16. Response R-20: The Preliminary Environmental Assessment of the project site is contained in Appendix B to this EIR. The Environmental Assessment is summarized on p. 3-216 through 3-217 of the DEIR. No additional studies were warranted based on the findings of the Preliminary Environmental Assessment. 4-129 During the public hearing process, issues regarding underground storage tanks on the project site were raised. Response L-10 addresses this issue. Response R-21: See Response R-20. According to the Preliminary Environmental Assessment, no permitting through the Contra Costa Department of Agriculture for pesticide use on the Del Porto property has occur-red in the last five years. Prior pesticide use has consisted of only light pesticides, for example paraquat, which generally decomposes rapidly. Response R-22: The DEIR on pages 3-217 to 3-218 and 3-220 discloses the current issues regarding exposure to electromagnetic fields as well as the fact that to date these studies have not shown conclusively a direct association with certain diseases and electromagnetic fields. The limits imposed by other states is shown below. State regulations that limit field strengths on transmission line rights of way (ROW) STATE FIELD LIMIT Montana lkV/m at edge of ROW in residential areas Minnesota 8 kV/m maximum in ROW New Jersey 3 kV/m at edge of ROW New York 1.6 kV/m at edge of ROW North Dakota 9 kV/m maximum in ROW Oregon 9 Kv/m maximum in ROW Florida 10 Kv/m (for 500 kV), 8 kV/m (for 230 kV) maximum in ROW 2 Kv/m at edge of ROW all new lines. 200 Mg (for 500 Kv single circuit), 250 Mg (for 500 Kv double circuit) and 150 mG (for 230 Kv) maximum at edge of ROW Mitigation Measure 3.9-10, page 3-187 specifically calls for active recreational use areas to be located outside the power line easement including baseball diamonds, soccer fields, and playground areas. The proposed project includes design features to minimize development in the areas adjacent to the power-line easement. This was done by orienting the majority of the project around the proposed golf course and lake. The WAPA line easement is 50 feet wide, which provides a sufficient buffer to reduce exposure to EMFs. See Page 3-220 of the DEIR. 4-130 Response R-23: Aerial spraying of pesticides is not considered a problem in this portion of East Contra Costa County. Inquiries of existing residents indicate that aerial spraying has rarely occurred and is not a problem (Bob Gromm, Dave da Porto). The Preliminary Environmental Assessment indicated that permitted pesticide applications have not occurred on the project site since 1984. In addition, the areas adjacent to the project site are used for cattle grazing, for which aerial application of pesticides is generally not done. No evidence of increased spraying is assumed because the adjacent properties are currently being proposed for urban-type development. For these reasons, the potential for adverse impacts to project residents from aerial application is quite remote and considered less-than-significant. Response R-24: See Response R-23. The impact from electrical powerlines was not identified as potentially significant. The mitigation measure is provided as a way to inform project residents regarding the current level of knowledge regarding exposure to electromagnetic fields. The proposed project design addresses this issue (see Response R-22). Response R-25: The Ranchette Alternative does not include clustering but rather was evaluated under the existing agricultural zoning. The following response addresses the commentor request that a clustered approach to the Ranchette Alternative be evaluated. Land Use, Planning and Public Policy The land use pattem under this alternative would provide a cluster of 136 units on one portion of the site. The remaining portion of the site would remain in its existing rural character. This alternative would provide significantly fewer housing units than the proposed project. The provision of additional housing in the Bethel Island area is a goal of Contra Costa County and has been planned for through the establishment of the Off-Island Bonus Area. By significantly reducing the number of housing units possible on the project site, this alternative could be considered to have a significant adverse effect on reaching the housing goals of Contra Costa County in the East County area. This alternative would not provide the recreational opportunities (i.e.,golf course,lake,pedestrian/bicycle trails) that would be provided with the proposed project. Transportation/Circulation This alternative would substantially reduce the number of vehicle trips generated from the project site by approximately 85 per cent when compared to the proposed project (this alternative would result in 1,500 vehicle nips per day, 140 vehicle trips per hour). Very few roadway improvements would be necessary to accommodate the traffic generated by this alternative. 4-131 ! Air Quality This alternative would reduce the air quality impacts by roughly 90% when compared to the proposed project. This alternative would also reduce emissions of ozone precursors and potentially avoid exceeding the BAAQMD's threshold for these emissions. Construction- generated dust emissions would also be substantially reduced with this alternative as a result of less soil disruption. Vegetation and Wildlife This alternative would reduce impacts on vegetation and wildlife. By clustering the 136 ' units on one portion of the site, the rest of the site would remain in its existing character and continue to provide the habitat for existing vegetation and wildlife. This alternative would however, displace the vegetation and wildlife associated with the portion of the site developed with the 136 units. Visual Quality This alternative may reduce visual impacts by clustering the homes together thereby avoiding development on the majority of the site. However, clustered development would not ' provide a rural character consistent with adjacent land uses. This impact would be similar to that of the proposed project. Noise This alternative would decrease noise levels relative to the proposed project as a result of less traffic and no recreational uses. As a result, the need for localized noise barriers along Cypress Road would not be expected with this alternative. Construction noise would also be ' substantially reduced with this alternative. Hydrology and Drainage ! This alternative would result in additional storm drainage runoff entering RD-799 drainage facilities as a result of development of additional impervious surfaces on the project site. ' However, by clustering development on the site, storm drainage facilities could be provided to adequately serve the 136 units. This alternative would not provide an internal levee system, nor would it be large enough to fund improvements of the existing RD-799 levee system on ' Hotchkiss Tract. Therefore, additional people would be exposed to the flood hazards which currently exist on Hotchkiss Tract. Under this alternative, new housing would be constructed on stilts which would create an aesthetic impact. This would be a significant adverse impact associated with this alternative which would not be avoided with the proposed project. ' 4-132 Geology, Seismicity and Soils Under this alternative, residents would still be exposed.to the existing geologic, soils and ' seismic conditions within the project area. However, the same mitigation measures identified in this EIR to mitigate soil and geologic hazards could be implemented to reduce this impact to a less-than-significant level. ' Public Services This alternative would reduce the demands on local public services associated with the , proposed project as a result of fewer people living on the project site. However, it is not expected that this alternative would be able to provide the necessary level of financing to improve various public services (i.e., fire, police and schools) which would be needed. This alternative would also not provide the recreational facilities and opportunities associated with the proposed project. ' Utilities This alternative would reduce the level of demand for new utilities associated with the ' proposed project. However, it is likely that under this alternative, a non-groundwater source would not be developed for the area. Development of a non-groundwater source is a significant ' benefit of this proposed project. Human Health , Clustering of the homes would allow additional space between the homes and the ' electrical powerlines and drill sites. However, the homes would still be exposed to adjacent agricultural activities similar to the proposed project. Cultural Resources , Clustering of the homes would provide additional avoidance of archaeological sites. ' However, the proposed project would avoid these sites as well. Energy ' This alternative would significantly reduce the amount of energy consumed when compared to the proposed project. , The clustered alternative of 136 units would reduce or avoid many of the adverse impacts of the project. This alternative would not provide certain benefits which would be provided by ' the proposed project, such as: increased property tax revenues to the County and other agencies; payment of certain development fees to various agencies; and the development of additional housing units and recreational amenities. In accordance with CEQA Section 21085, a public ' 4-133 ' agency shall not reduce the proposed number of housing units as a mitigation measure or project alternative for a particular significant effect on the environment if there is another feasible specific mitigation measure that would provide a comparable level of mitigation. Response R-26: ' Clustering is only required when using the "Agricultural Lands" designation. This alternative was analyzed under the "Off-Island Bonus Area" designation. The project site ' contains potential natural gas extraction sites, electrical transmission lines and is adjacent to agricultural uses. For this reason, any development on the site would be near these features. However, this alternative would have less of an impact on these areas than the proposed project ' because of the fewer units. Response R-27: ' Theowth inducing effects of the project are substantially limited by the Contra Costa �' g County Urban Limit Line and topographic features of the Delta area to the north and east. Possible growth to the south and west is discussed in detail in the Cumulative Impacts discussion beginning on page 5-2 of the DEIR and in the EIR or the County General Plan. The Delta Protection Act (discussed on p. 3-16 and 3-26 of the DEIR) is intended to limit growth in ' portions of the Delta Area. This Act will also help in reducing growth inducing impacts. The General Plan permits limited commercial development in the Bethel Island Area. The future residents are expected to utilize the commercial development as identified in the General Plan. ' There are no plans for the Board of Supervisors to amend the General Plan to allow for additional commercial development in the area. 1 t ' 4-134 1 _ 1 Letter S 1 Darrell B. Edwards ' 0 •r�}`� 4292 Sandmound Boulevard Oakley, California 94561 (415) 684-9749 �I71N / rcat /ssl . - t 4-135 ' I f / G '1173-2 _ . .►•3 � y _ _ 4-136 S-5 - ��L.a..r p'�I��,..,-'�-_c.� ._--- __ __ Vi►...µ.-i-.�'^-/ .*.o.-' .,{.�°--4-d-' _ S-6 �J _-�-c,.�+ile.'�-/' �.+F.�t.�-•.�-Gtr.r.GJ� �..itlL..rC..�' S-7 f ... --.- 3. 7- S.8 . ? ? S-s ^- - ^."J .� .�J mac✓. . -- ,rd �+ S-11 4-137 S a y' ;�-19 7 � � ��•..�,�-1� o�'.,�--j�-' ,�,�.--ems .3j .c.,.cie...-.aJ 74-1 ii 4-13$ i ��-' - - ------ - -- �sv_ - -- 19 ,lwA/ 41 -30 S-20 - -- x 6 ' D 33 i d - -- -- � �. . - ---- - �,�.-�-- - ----- - a------ _�,- . 4-139 S-27 A 2- s-22 .3-13 ,a-�r�..,.�•/ . .._ ----------cam.="_�"''.�." �� - -- - -�/J� �+ _/3 G_ �r�•v. - = -- �/L. -,per t� � �" ' _s- --- S-26 - • .�GLh..-d''ti-1 e.a..a./ �.�.�e.fJ .T...•�+./��-�-' .�-a-��,-..a..e..�—..0-� � 4-140 3-1.3 7 -?✓1 .tom, �-.- S-28 So S-29 3- /Y.3- 3- 7. 11 S-30 127 ) �7f 7. Y' S-31 S-32 - l/ S-33 4-1 41 y 4 !f S-36 .— .3.X - 7 of S-38 S-39 3 17,f lax 1 4-142 S-43 S-44 S-45 �_ - S-46 G -'-"�.. _ _ � two - - _.,.�-�-- ,cam-aK--- -•C.� . llo� Ila a �i 4-143 �1 Response to Letter S: Darrell Edwards, February 12, 1993 Many of the comments are related to the financial burden that would be placed on the future homeowners of the proposed project. These issues are unrelated to the adequacy of the EIR and therefore, no response is necessary. Response S-1: Comment noted. The comment addresses the. financial burden that may be placed on homeowners within the proposed project. This issue is not an environmental issue but rather a financial issue. No additional response necessary. Response S-2: The DEIR in Chapter 5.2 specifies roadway improvements to be paid for by the project as well as projects for which fair-share contributions would be necessary. Response S-3: See Response EE-6 Response S-4: The DEIR in Chapter 3.3 presents the air quality impacts of the proposed project and concludes that the project would result in an unavoidable impact on regional air quality. Response S-5: No response necessary. The landscaping would be installed by the project applicant. Maintenance of the landscaping would become the responsibility of the Homeowner's Association, which is a financial issue. Response S-6: No response necessary. The comment is not related to a significant effect on the environment. Response S-7: The project applicant would be required to pay their fair-share of noise mitigation costs necessary to mitigate the project's impacts. Noise mitigation would not necessarily be in the form of soundwalls. Architectural treatment could be used, as pointed out in Mitigation Measure 36-1 of the DEIR. The noise mitigation would be installed when noise levels warranted. 4-144 Response S-8: No response necessary. The comment reflects the opinion of the commentor. .The public entity responsible for maintenance of the drainage and levee system has not yet been determined. Also see Appendix C. Response S-9: See Response Z-20. Response S-10: No response necessary. The comment is the opinion of the commentor. Levee landscaping plans would need to be approved by the public agency responsible for maintenance of the Ievees. Installation of landscaping would be the responsibility of the project applicant. Response S-11: See Response Z-20. Response S-12: Mitigation Measure 3.7-13, p. 3-145 of the DEIR provides specific measures and criteria to be contained in the final maintenance plan for the golf course including pesticide, herbicide and fertilizer management. Response S-13: See Response Z-20 and S-3. Response S-14: Comments noted. Please refer to Response EE-6, above. The project applicant proposes dust control measures which include posting the name and phone number of a designated dust control coordinator on the project site. Response S-15: See Response Z-20. Response S-16: Comment noted. The comment addresses a financial issue. 4-145 r Response S-17: Please refer to discussion under Funding on page 3-172 of the DEIR for information on funding of sheriff facilities. Response S-18: The proposed project proposes to dedicate a 7.4 acre site for a school. See page 3-178 of the DEIR. Mitigation Measure 3.9-7 on page 3-179 recommends that the school site be enlarged to 10 acres. Response S-19: No response necessary. The comment is related to a financial issue. Response S-20• No response necessary. The comment is related to a financial issue. Response S-21: indicatedon . 3-20 of the DEIR residents of the project would Comment noted. As p p � probably work in the Concord, Walnut Creek, Hacienda Business Park, Bishop Ranch and other East Bay job centers. Response S-22: Comment noted. The comment expresses the opinion of the commentor. The proposed cost of housing within the project is from $175,000. Senior and retired individuals are often attracted to golf-course developments. Response S-23: Comment noted. The comment addresses an existing condition and is unrelated to the project as an environmental issue. No response is necessary. Response S-24: Refer to Response EE-14. Response S-25: Comment noted. The comment is related to a financial issue. No response is necessary. 4-146 Response S-26: Comment noted. The first part of the comment restates the findings documented in the DEIR. The issue of drowning would vary by individual. See Response S-27 which addresses the Emergency Evacuation Plan for the project. Response S-27: The comment is unclear; however the text on page 3-137 and Mitigation Measure 3.7-10 on page 3-144 of the DEIR describes the proposed plans for emergency evacuation in the areas adjacent to the proposed project. Response S-28• As the text on page 3-137 notes, a breach is highly unlikely to become bigger than 50 feet. This size of breach would lose energy very quickly. The 50 foot breach was selected based on historical data regarding past levee breaches in the Delta. Fifty (50) feet was the average size of those breaches. Response S-29: See Response EE-22 and EE-23. Response S-30: Comment noted. The comment represents the opinion of the commentor regarding the County's ability to maintain storm drainage improvements. If the County cannot maintain these facilities, maintenance would become the responsibility of the Homeowners' Association or of a Special District. Response S-31: Comment noted. The comment does not address an environmental issue and represents the opinion of the commentor. Response S-32: Comment noted. Mitigation measure 3.7-15 identifies that if the County cannot afford the street sweeping program, that it should be funded by the project residents. Response S-33: See Response Z-20. Dewatering would occur when levee and lake/channel construction occurs. The water that is pumped out would be conveyed into the existing open ditch system. 4-147 , i Response S-34: Refer to Response Z-20. Response S-35: Short-term in the context of dust emissions refers to the period during which earth moving activities would occur. Major earthwork is estimated to take approximately one-year and be completed as part of the first phase of the development. Response S-36: Comment noted. As Mitigation Measure 3.8-6 on page 3-161 states, the ground settlement monitoring plan would identify contingency plans. Contingency plans would generally ' consist of stopping construction if ground settlement exceeds acceptable levels and implementing alternative construction techniques. Response S-37: Comments noted. Please refer to Response S-3 above. Response S-38: Development Fees/Funding are discussed on page 3-178 of the DEIR. Mitigation Measures 3.9-6 through 3.9-8 on page 3-179 are proposed to further mitigate the proposed ' project's impact on school facilities. Also see Response I-1. Response S-39: Comments noted. The comment references a financial issue. Also see Response I-1. Response S40: The referenced policies on page 3-181 of the DEIR pertain to the location of parks. These policies recommend that neighborhood parks be located near elementary schools but do not require it. ' Response S41: No response necessary. The comment is too speculative and relates to a financial issue. ' 4-148 Response S-42: The County's General Plan requires a community park in this area. The project complies with this requirement. See mitigation measure 3.9-9 of the DEIR. Response S-43: No response necessary. The comment is related to a financial issue. Response S-44: Comment noted. The mitigation measure referenced was added at the request of CCMAD. Response S-45: No response necessary. The comment expresses the opinion of the commentor and is unrelated to a significant environmental issue. Response S46: Comment noted. The comment expresses the opinion of the commentor. The County can approve a project which would result in unavoidable impacts if it can make findings that the project's benefits outweigh its adverse impacts. 4-149 i. Handle w Care Pkg TEL N0 .415-355-6584 Feb 16 ,93 15 :51 P .01 Letter T 1 04-e— 74� T-1 705o,sL 000,11010 ��� �' 4-150 �2��-/iVea , 9�s53- e�ags- 6 4-157 t I I �r v '71 60 1 t -1 Ole 60 lam° Ae, d.��. 1 t�•a7' !'- -,r� � �� lts�i�'���s�,.tiR( 7='l��C!''a 4-152 i KaMM1n ' rV" WKCU UUM 1 AM 16111%mal 1681 WENT TO THE East County to close this public comment nu!- Regional Planning Commission lance. She whined about how long meeting Monday. I WWI: the permit process had been, and meant to write anythidg onit , ut homuch.she had tried to my column was already .phar tvotk With the torttminity, G But what happened at that meeting More effectively,her lather.AJ. ,. was so disgusting I had my column Solomon,'said the magic ;wprds! time held till 1 could get e to double "We'll Qay." a this. He meant that he would out tip The subject was the proposed -the money for a special hurry-up Cyprcaa Likes development, And meeting of the planning commis- the first problem,as readers of this sion next week.When it was point- space already know,wall that those ed out that another developer was who were entitled by taw to be already paying for a special meeting 3.18iuce tlidtt lfida'/6aii level y'.:fufd.we itihll fight them on the notified weren't. The ascend prob- on that date{Monday, Feb. 8) he PAF field•.:1 lib Iobpk be11b1tes,W t6 ahall fight them in lem was that the Revised MR,the said he'd pay more:he wanted that that. ut beUio *a'6 t on:' fhb street& Lind we&hall never sur- document under discusslott, 'was day, he would "work it out" with They deli till dill 0 K'13IittM 111: MAWl" We6 he turned to his not made available to the people the other developer. land for hothing:Owl bb**e'W rfriend and whispered, "And we'll who needed to we it.Again,this is Done deal. survived, hit theta over the had with beer a matter of law. Hotchkin residents were Ueatbd The County and deVW 'u'8''bottles.'I pt's about all we've got 1 found out about the meeting gilts tlld.I have a few things to day in for trouble until the last poor::' , because a neighbor put a mimeo. to Earl Wetttel, cho , Watch out for flying beer bottles• g p Stott Plan n >itud coot is duped into ai ' Ede inert= :';, graphed flier in myy nail hiou,sa did the test of the planning commis-' gage, It will be flay nor�1:._ _... . most of my neJghbora. slot, end to Lyhn jochim and AJ. profitable to tam this.thing down Some rushed out to buy the$3o Sobhtont ' our throats. document and stayed tip half the 1.We are hot y ntidsancel We lie 4.V9hdi I llnd Gift 64140 night ting to figure out *hilt part of the democratic proem.Out ernm ent.otficdai teo"6116. t ic changes had been made to protect relearn are tttional, reasonible hes received oiWdi&,.or lilt fe, ' them, the homeowners and reel= and well researched. ceive one dirk,fiGM s'ttith et W i dents affected by the plan. 2.It's going to be changed again, tion he or she tobV in favor of this They made notes, ran.calculs- because the developers have not Project,I will climb the tallest pole tions, called experts in hydrftulkt; tirade thlb a pr6Wj neighbors can to blow the loudest whistle 1 am 110,,98 engineering. traffic manage- five with.It takel time to get Pei- rim. 1 1, meet. In short, thby worked very i4t#saiott to (urn people's lives uo. t Winston Gh0chlti niade a faitio�w' long, and very hand, In the brief aide down,even in a rubber-stamp speech dur Iiitler's bombing of' timespan (about two weeks) they county like Contra Costa, London.To fhb microphone he Bald were given by developer Lynn Jo. chim and the East County Regional Planning Commission. When the time dime for thb meeting,about 50 residents of the area showed up.They were disap- pointed when they saw that Cy. press Lakes was but one of nine or so items on the agenda, but they waited patiently while four other ;natters were discussed. At about 8 p.m., chairman Stan Planchon announced ! schedule ' change: all the other items on the agenda would be moved ahead of the public hearing on Cypress Lakes. It wasn't until 9:30 that he sighed and opened the fklbt to dis- cussion of the Cypress Lakes MR. Because it was now so late,he tried to fimit the r me to five minutes each.Thiswent over very badly with those who had worked so hard, and waited io long. Most of the comments were un- der five minutes anyway, but the meeting still ran past the 12 pan. deadline. When it was obvious no one.was going away, the board agreed to continue the matter until the next meeting. At this polnt developer Lynn Jos chim stood up to complain about what a hardship she would endure If she had to wait an etttrt two weeks , 4-153 i PARCEL NO. Return Address: 032.172-022 CLERK OF THE BOARD OF SUPERVISORS 651 Pine Street, Room 106 Martinez, CA, 84553 I I GARCIA GEORGE FATOOH VERA P O BOX 984 ' BETHEL ISLAND CA 94511 ' .. •.-----,..�. :.._==+..R.sem—.a.av ._.. I NOTICE OF PUBLIC HEARING ON FIRE SUPPRESSION ASSESSMENTS AND AVAILABILITY OF REPORT I The Board of Supervisors as the governing body of the Bethel Island Fire Protection District will ' ! hold a public hearing on March 16, 1993, on this matter at 10:30 AM In the board of Supervisors' Chambers, County Administration Building, 651 Pine Street, Martinez, California, for final consideration of the report submitted by the Fire Chief of Bethel Island Fire Protection District proposing that fire suppression assessments be levied on your real property located In the District. Your Initial annual assessment for Fiscal Year 1993.94 could range from $0 up to a maximum of $ 546.00 , depending on the property tax losses the District may experience as a result of State budget action. At the time, date and place specified above, the Board will hear and consider all comments or protests, If any, to the said report, and may, thereafter; by ordinance or resolution, determine and levy We assessments. At any time not later than the hour set for the hearing ' on March 16, 1993any holder whether a fee owner, lessee, or otherwise of the Interest in the property which Is proposed to be assessed and who will be obligated to pay any proposed assessments, may make written protest against the proposed assessments. The protest shall be In writing, shall contain a description of the property Including the above Parcel number and the name of the fire district mentioned In the first Parauraph and the Interest in the property which each signer of the protest represents, sufficient to Identify the..anperty..and.-IfAhe-signers are not-shawn-on.the.last_aquailzed.assessment rdi.. as the owners of that property, shall contain or be accompanied by written evidence that the signers are the holders of the property Interest proposed to be charged and who will be obligated to pay the proposed charge. Any such protests shall be delivered to the Clerk of the Contra Costa County Board of Supervisors at 651 Pine Street, Room 106, Martinez, CA, 94553. No other protests or objections shall be considered. A majority protest would cause the assessment to be abandoned. The Fire Chiers report, briefly summarized on the reverse side of this notice, containing data Indicating the need for the proposed assessments, the amount of the assessments proposed for Fiscal Year 1993-94, the types of property to be assessed, and other related Information is on file In the District's office located at 3045 Ranch Lane, Bethel Island, CA, and is available there for public Inspection prior to the meeting. Any questions concerning this notice, the report on the proposed assessments, and protest procedure should be directed to Jack Whitener at telephone number (510) 684-2211, ' PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator ! s/s epu y - QEE REVERSE SIDE OF THIS NOTICE , � .•art 4-154 Response to Letter T: Vera Fatook and George Garcia, February 12 and 16, 1993 Response T-1: The comments in this letter represent the opinion of the commentor and do not address a significant impact on the environment or the adequacy of the DEIR. No response necessary. Response T-2: The comment relates the project's effect on the flood hazard situation in adjacent areas. The proposed project would not affect the flood hazards in adjacent areas. Construction of the project levees would remove the project site from the flood hazard zone and provide a safe evacuation point in the event of a levee breach of the existing RD-799 levees. 1 4-155 I LAW OFFICES OF 1 ,r-3 tM GAGEN, MCCOY;-i�f-aD�iAHoN-V'XRMSTEONG WILLIAM E. GAGEN, JR. A PROFESSIONAL CORPORA fOT2 DANVILLE OFFICE GREGORY L. MCCOY A/� R PM (�� ` � 279 FRONT STREET PATRICK J. MCMAHON yJ3 FEB`GU „ _ _ P. O. BOX 218 MARK L ARMSTRONG -/• ►'j '.� ?�. DANVILLE, CALIFORNIA 945245-0218 1 t :_ii, LINK K. COOMBS ,. �.�:!L'`�� S�-�"' TELEPHONE: (510) 837-0585 STEPHEN W THOMAS FAX: (510) 838-5985 CHARLES A. KOSS MICHAEL J. MARKOWITZ NAPA OFFICE MICHAEL W. CARTER 1001 SECOND STREET, SUITE 315 RICHARD C RAIN ES DNAPA, CALIFORNIA 94559-301 ROBERT M.. FAN7 BARBARA VICTOR J. UVA JEWELLetter U TELEPHONE: (707) 224-8396 AINUC CI FAX' (707) 224-5817 CAROLE A. LAW 1 ALLAN C. MOORE PLEASE REPLY TO: ALEXANDER L. SCHMID February 16, 1993 PATRICIA E. CURTIN MICHAEL P CANDELA CHARLES A. KLINGE Damme HAND DELIVERED Mr. Art Beresford Community Development Department Administration Building 1 651 Pine Street, Second Floor, N. Wing Martinez, Ca 94553-0095 i Re: Cypress Lakes & Country Club j Comments on Draft Environmental Impact Report i Dear Mr. Beresford: This firm represents Chartered Land & Cattle Company on its development in the Bethel Island Area, commonly known as the Cypress Lakes & Country Club project. The following are comments on the Draft Environmental Impact Report prepared for that project: 1. Channel Enhancement Plan at gage 1-8 and 1-9. U=1 There is a typographical error on page 1-9 with reference to the ' second channel. The second channel would be approximately 11 acres in size, not 110 acres. 2. Report Evaluation of Proposed Levees (February 2. 1993) . Enclosed please find a copy of the Report Evaluation of Proposed Levees Bordering - Cypress Lakes Project, dated February 2, 1993. U=2 This report will be submitted to the Federal Emergency Management Agency (FEMA) for approval of the internal levee system. This report is a modified version of the report that was evaluated in the Draft Environmental Impact Report. The borings included in 4-156 1 � . r February16 1993 Page 2 1 U_2 Ithis report are the same borings attached in Appendix E of the Draft Environmental Impact Report. If you have any questions with regard to above comments please do not hesitate to call. , Very truly yours, GAGEN, McCOY, McCOY, ARMSTRONG A Profe na orporation Patricia E. Curtin r PEC/cjt Enc. cc: Lynn Jochim is\vol2\client\19018\Art2-15.ltr ' 1 r 1 1 r r 4-157 ' REPORT EVALUATION OF PROPOSED LEVEES BORDERING - CYPRESS LAKES PROJECT HOTCHKISS TRACT CONTRA COSTS COUNTY, CALIFORNIA PREPARED FOR: CHARTERED LAND AND CATTLE COMPANY 101 YGNACIO VALLEY ROAD, SUITE 1400 WALNUT CREEK, CALIFORNIA 94596 BY: KLEINFELDER, INC. 2825 EAST MYRTLE STREET STOCKTON, CALIFORNIA 95205 i i i I 4-158 - TABLE OF CONTENTS PAGE NO. INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 PURPOSE AND SCOPE OF INVESTIGATION . . . . . . . . . . . . . 2 PREVIOUS STUDIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 SITE DESCRIPTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 HISTORY OF HOTCHKISS TRACT . . . . . . . . . . . . . . . . . . . 3 GEOLOGY AND SEISMICITY . . . . . . . . . . . . . . . . . . . . . . . 4 FIELD EXPLORATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . 4 SURFACE CONDITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . 4 LABORATORY TESTING ... . . . . . . . . . . . . . . . . . . . . . . . . 5 TABLE I-A SLOPE STABILITY PARAMETERS . . . . . . . . . . . 6 TABLE I-B SETTLEMENT PARAMETERS . . . . . . . . . . . . . . . 6 TABLE 1-CSEEPAGEANALYSIS . . . . . . . . . . . . . . . . . . . . 7 ENGINEERING ANALYSES Description of Various Segments . . . . . . . . . . . . . . . . . . . . . . 7 Section 65.10 - Embankment Protection . . . . . . . . . . . . . . . . . . . 8 Section 65.10 - Embankment and Foundation Stability Slope Stability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Table2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Liquefaction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Seepage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Table '-3 - Summary of Seepage Results . . . . . . . . . . . . . . . . . . . 12 65.10 Settlement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 CONCLUSIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 DEEP DYNAMIC COMPACTION . . . . . . . . . . . . . . . . . . . . . 13 4-159 TABLE OF CONTENTS PAGE NO. RECOMMENDATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 ADDITIONAL SERVICES . . . . . . . . . . . . . . . . . . . . . . . . . . 15 ' LIMITATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 1 1 4-160 r►�/ File No. 20-3179-01 K L E I N F E L D E R February 2, 1993 REPORT EVALUATION OF PROPOSED LEVEES BORDERING CYPRESS LAKES PROJECT HOTCHKISS TRACT CONTRA COSTA COUNTY, CALIFORNIA INTRODUCTION This report presents the results of an evaluation of the proposed levees associated with the approximate 681 acre Cypress Lakes project in the Hotchkiss Tract area of eastern Contra Costa County, California. The project will consist of constructing a ring levee system of approximately 27,000 feet in length. The proposed levee will surround a development comprised of twelve to thirteen neighborhoods or clusters consisting of detached single-family homes, access drives, approximately 30 acres of park land, and several lakes. A public golf course is currently planned to be located within the property limits. The elevation of the ground surface within the proposed development generally varies from approximately -8 feet (USGS Datum) near the southeast corner of the property to +7 feet on the west side adjacent to Bethel Island Road. There are also several hill areas up to approximate elevation +24 feet in the northern portion of the project. To provide protection from the 100-year flood, the levees surrounding the tract will.be raised to a minimum elevation of +10.2 feet (USGS). This elevation includes the required 3 feet at freeboard. According to Bohley/Maley Associates, project civil engineers, the proposed levee will be 18 -feet wide at the crest and have minimum slopes of 3:1 and 2:1 (horizontal:vertical) for the riverside and landside slopes, respectively. Proposed on-site lakes a are anticipated to serve as borrow areas to provide fill for the levee improvements, including using near-surface clays and organic materials beneath proposed levee locations. The several high areas in the northern portion of the development will be cut down to a minimum elevation of +10.2 feet, and the soil will also be used to construct adjacent levees. The base portion of the high areas will remain in place, creating an extremely wide "levee" varying from approximately 50 to 200 feet wide with-minimum slopes of 10:1. Additional.details of the planned development are not known to us at this time. 4-161 Copyright 1993 Kleinfelder, Inc. Page 1 of 17 KLEINFELDER AFile No. 20-3179-01 February 2, 1993 PURPOSE AND SCOPE OF W=TGATION The purpose and scope of this investigation were planned in discussions with Chartered Land and Cattle Company in March 1992. The purpose of our study has been to evaluate the proposed levees surrounding the proposed Cypress Lakes project with respect to the risk of breaching of the levees during a 100-year flood event. The 100-year flood, as defined by the Federal Emergency Management Agency (FEMA), is an event which has a return period on the average of 1 in 100 years. According to published FEMA flood elevation data, the 100- year flood elevation is +7.0 feet for the entire region of study. The proposed dry land levees were evaluated using this criteria for static and seismicslopestability, seepage, erosion, and settlement, in accordance with Section 65.10 of the FEMA National Flood Insurance Program and related regulations which refer to the Corps of Engineers (COE) design manual EM-1110- 2-1913 for loading conditions and analysis. This report contains the following information: 0 Summary by Kleinfelder, Inc. of previous-studies on and near Hotchkiss Tract • Description of the field explorations and laboratory testing performed for the current study • Summary of the soil and groundwater conditions along the levee alignment • A discussion of the history of Hotchkiss Tract area • Summary of our engineering analyses, including the following: • Embankment Protection-Section 65.10 (b)(3) • Embankment and Foundation Stability-Section 65.10 (b)(4) • Settlement-Section 65.10 (b)(5) • Conclusions • Recommendations PREVIOUS STUDIES Previous studies made by Kleinfelder, Inc. on or near Hotchkiss Tract include the following: • Report entitled "Willow Point Marina No. 2," File Na S-2309-01 4-162 Copyright 1993 Kleinfelder, Inc. Page 2 Of 17 :l� File No. 20-3179-01 K L E I N F E:D E R February 2, 1993 0 Report dated December 22, 1988, "Phase I Study, Proposed Bethel Island Area Project," File No. 11-1956-01 • Report dated March 8, 1979, "Geologic Hazards Report, Proposed Subdivision No. 5409, Sandmound Road," File No. S-2361-01 • Various reports for "Sandmound Woods Subdivision," File No. 20-2909-01 We have also reviewed several reports by Harding-Lawson Associates, ENGEO, and Balbi and Chang that pertain to Hotchkiss Tract. SM DESCRIPTION The project is located in the Hotchkiss Tract area of eastern Contra Costa County, California, and consists of approximately 681 acres. The site is bounded by Sandmound Boulevard to the north and east, Bethel Island Road to the west, and grazing land to the south. A site vicinity map is shown on Plate 1. As mentioned earlier, the site is mostly flat with moderate elevation changes. The proposed levee ground surface generally ranges in elevation from approximately -8 feet to +7 feet. The north central portion of the site is covered by areas of fine-grained, wind-blown sands that exhibit slight to moderate cementation. The site is predominantly used as rangeland, is covered with grasses, and is divided by fences. A high voltage power line crosses the southwestern corner of the site on the Dal Porto property. The interior of the site contains several shallow drainage canals used for irrigation. A Swale is located along the east portion of the site. HISTORY OF HOTCHI ISS TRACT - = �- While the existing levees protecting Hotchkiss Tract have not been subjected to the.100-year flood level, they have performed well under conditions only slightly less severe. Based on tidal information from the California Department of Water Resources and Ms. Barbara Burns, District Engineer, the normal average maximum monthly tidal range is about 3 feet (mean high 3.3 to mean low 0.3). The normal annual extreme tide levels in the local area range from a low water level of approximate elevation-1.5 feet to a high water level of approximate elevation +4.0 feet. In addition, water elevations over +5.0 feet are common during the winter months when high tides combine with storm runoff. For example, in the winter of 1986, Ms. Burns measured the water elevation at +6.3 feet next to the Bethel Island Bridge. According to Ms. Burns, even though this water level was only 0.7 feet less than the 100-year flood level, there were no observed areas of excessive seepage or other signs of instability. In summary, the principal effect during the 100-year flood will be a sustained high water level in the adjoining sloughs that would approach a water level about 2 feet higher than the normal 4-163 Copyright 1993 Kleinfelder, Inc. Page 3 of 17 File No. 20-3179-01 KLEINFELDER February 2, 1993 1 ' annual high tide and 0.7 feet higher than what the existing perimeter levees have already withstood. ' GEOLOGY AND SEISMICITY Reference is made to Kleinfelder, Inc.'s report dated December 22, 1988 which was prepared for the subject site. That report includes detailed discussions on regional and local geology, faulting, and seismicity at the subject site. It is our opinion that these sections of the 1988 report still apply to the site. Although there has been a significant earthquake in northern ' California since our 1988 report was prepared, (Loma Prieta, October 1989) the estimated seismic accelerations at the site have not been revised. FIELD EXPLORATIONS The field explorations for this study consisted of drilling and sampling twenty-eight test borings to depths varying from approximately 21 to 31112 feet below existing ground surface. ' The approximate locations of the borings drilled for this investigation are shown on Plate 2. Logs of the borings drilled for this investigation are included in Appendix C along with logs of additional borings and 19 cone penetrometer tests performed for our earlier study. The borings drilled for our earlier study extended to a maximum depth of 128.5 feet and the 19 cone penetrometer tests extended to a maximum depth of 28.5 feet. All borings were drilled under the direction of an engineer from our firm who maintained continuous logs of the soils encountered in the borings and assisted in extracting relatively ' undisturbed soil samples for visual examination, classification, and laboratory testing. A truck-mounted drill rig equipped with rotary wash drilling equipment was used, and samples were obtained by driving either a Modified California or Standard Penetration Test (SPT) ' sampler 18 inches into the soil using a 140-pound hammer falling approximately 30 inches. The number of blows required to advance the sampler the last 12 inches into the soil is noted on the Logs,of Borings at the corresponding sample locations. SUBSURFACE CONDITIONS As noted in our preliminary report, the near-surface soils varied considerably in both type and ' density. In other words, high blow count, very dense, partially cemented surface sand deposits were encountered adjacent to areas with 2 to 3 feet of low blow count, soft, organic silt underlain by loose sand. During our field explorations, it was hoped that delineations could be made between the dense and loose areas. However, at least around the perimeter of the project, the more-prevalent soil profile was found to consist of a 1 to 3 feet thick surface layer of organic silt or peat underlain by loose clean and silty sands to depths of ' approximately 10 to 15 feet. Test Borings such as B-5, B-6, B-7, B-14, and B-15 were located on higher ground and encountered either cemented or clayey near-surface materials. 4-164 Copyright 1993 Kteinfetder, Inc. Page 4 of 17 K L E I N F E L D E R File No. 20-3179-01 February 2, 1993 Generally, below depths of approximately 10 to 15 feet, medium dense clean and silty sands were encountered to the maximum depth explored. At the time of our field explorations, free groundwater was encountered in our borings at depths as shallow as 2 feet in the low lying areas to as deep as 251/2 feet in the vicinity of the high areas. Four piezometers were installed during our Phase 1 study and the groundwater levels are presented in our previous report. It should be noted that groundwater conditions within the area may vary depending on rainfall, irrigation practices, runoff conditions, tidal fluctuations, or other factors not apparent at the time of our field explorations. More detailed descriptions of the soils encountered beneath the proposed levees are presented in following sections of this report. All soils have been classified according to the Unified Soils Classification System which is described on Plate 2 in Appendix A. LABORATORY TESTING Laboratory tests were performed on selected samples of the soils encountered in the borings to evaluate the strength, density, grain-size, compressibility, and permeability characteristics of the soils. The tests performed consisted of Moisture Content and Dry Density Determinations, Unconfined Compressive Strength, Triaxial Shear, Direct Shear, Consolidation, Gradation Analyses, Organic Content, and Permeability. The results of these tests are presented in Appendix B. The primary purpose of our laboratory testing program was to provide input for our slope stability, settlement, and seepage analyses. For your information, we have summarized on Tables 1-A through 1-C the engineering properties used in our stability, settlement, and seepage analyses for the-various soil types encountered at the project. In our selection of soil properties, we have attempted to be consistent with previously-approved levee projects where similar soil conditions existed. Copyright 1993 Kteinfetder, Inc. 4-165 Pa9e S of 17 File No. 20-3179-01 kn KLEINFELDER February 2, 1993 ' TABLE 1-A - SLOPE STABILITY PARAMETERS FRICTION SOIL UNIT ANGLE DESCRIPTION WEIGHT (PCF) COHESION (PSF) (DEGREES) ' Engineered Fill - Clean Sand 115 50 360 Engineered Fill - Silty Sand 130 100 30° Clean Sand (DDC)* 110 50 340 Silty Sand (DDC) 125 75 28' Sil ry Clay 130 400 14' ' Clean Sand 100 40 300 ' * Deep Dynamic Compaction TABLE 1-B SETTIME Nr PARAMETERS Coefficient of ' Unit Soil Weight Void Description (Pcf) Ratio Compression Recompression Consolidation ' SiIty Clay 120 0.7 0.11 0.029 0.18 Copyright 1993 Kleinfelder, Inc. 4-166 Paye 6 of 17 File No..20-3179-01 K L E I N F E L D E R February 2, 1993 ' TABLE C-1 SEEPAGE ANALYSIS Permeability Permeability Soil Description (cm/sec) (ft/day) Clean Sand 1.5x10 4.2x10-' Silty Sand 5x10 1.4x10'' Silty Sand w/trace organics 1.1x10_1 3.1x10_z Silty Clay 10-' 2.8x10 ENGINEERING ANALYSES Description of Various Segments Based,on the results of our field-explorations, we have divided the proposed perimeter levee system into seven different soil profiles. Each profile is described below and presented graphically in Appendix C. o Profile 1 is composed of a sandy levee underlain by relatively clean sand. �I o Profile 2 is composed of a sandy levee underlain by silty sand to depths of 8 to 12 �I feet below existing site grade over relatively clean sand. o Profile 3 is composed of a sandy levee underlain by silty clay to depths of 8 to 10 feet below existing site grade over relatively clean sand. o Profile 4 is composed of a silty sand levee underlain by relatively clean sand. .o Profile 5 is composed of a silty sand levee underlain by silty sand to depths of 8 to �I 12 feet below existing site grade over relatively clean sand. o Profile 6 is composed of a silty sand levee underlain by silty clay to depths of 8 to 10 feet below existing site grade over relatively clean sand. o Profile 7 (located within the vicinity of the sandy hills) is composed of relatively clean sand. 'I Copyright 1993 Kleinfelder, Inc. 4-167 Page 7 of 17 �I File No. 20-3179-01 KLEINFELDER February 2, 1993 It should be noted that our analysis assumes that all near-surface organic soils will be removed and the underlying loose sandy soils will undergo Deep Dynamic Compaction (DDC) prior to levee fill placement. SECTION 65.10 (b)(3) -EMBANKMENT PROTECTION It is important to keep in mind that the dry land levees utilized in the project will never be exposed to wave action, unless there is a levee failure along Sandmound or Dutch Slough levees. These dry land levees will be composed of Engineered Fill and will need to restrain only 3 to 7 feet of water. Thick vegetation will eventually cover these dry land levees. In our opinion, the water velocities adjacent to the dryland levees, particularly in the event of a typical break next to Sandmound Boulevard, will still be less than 3 to 4 feet per Second. Published research consistently states that vegetated slopes can accommodate flood velocities in this range. Additional erosion studies have been performed by Bohley/Maley Associates,` project civil engineers. Their studies cover a wider range of hypothetical situations, such as. narrow to wide levee breaks. The velocities of 3 to 4 feet per second assume a levee break, of approximately 50 feet which is typical of previous levee failures in the San Joaquin Delta. SECTION 65.10 (b)(4) - EMBANKMENT AND FOUNDATION STABILITY Slove Stability The slope stability analyses for this project were performed using the computer programs TSTAB and PCSTABLE which both 'use the Modified Bishop's method. TSTAB and PCSTABLE analyze circular slip surfaces and have the capability to research critical circles. These programs use conventional limit equilibrium methods to compute Factors of Safety against sliding using circular arc failure surfaces. The main difference between the programs is the method of selecting trial failure surfaces. TSTAB utilizes a horizontal tangent line which all circles will be tangent to. A search obtains the critical circle for this tangent line and then the program proceeds to analyze other tangent lines, thus obtaining the overall critical failure surface. PCSTABLE utilizes a method in which all the potential failure surfaces are randomly generated during initialization and then after performing the stability analyses on these circles, the ten worst failure surfaces are presented. Stability was analyzed on both water and landside slopes for each of the representative levee cross sections described earlier. The analyses were performed as described in Table 6.1 of the (COE) Manual EM 1110-2-, 1913, "Design and Construction of Levees" dated March 31, 1978. Design parameter input consisted of the geometry of the levee embankment and foundation, and the unit weight and shear strength properties of the levee embankment and foundation materials. In all cases; steady state seepage was considered with the water elevation at +7.0 feet. A water elevation of +2.0 feet was used for the intermediate water stage conditions. For rapid drawdown, the Copyright 1493 Kieinfelder, Inc. 4-168 Page 8 of 17 File No. 20-3179-01 KLEINFELDER " February 2, 1993 �I water level was assumed to drop from +7.0 to +2.0 feet. This water level drop is very conservative, as explained in the "History of Hotchkiss Tract" section of this report. The effect of ground shaking on the computed Factors of Safety was evaluated by applying a pseudo-static seismic load of 0.20g. The values of mean and maximum accelerations to use in the analyses of delta levees has been a matter of discussion for years. Bolt (1977), recommended that a peak acceleration of 0.25g be used in engineering design. The probability of such an event was estimated at approximately 1 in 100. This corresponded to a return period of over 10,000 years, which is far more than a normal return period used in engineering design. Interpolating back, a 500-year return period event results in a peak mean acceleration of �I approximately 0.15g to 0.20g. These mean peak values correlate well with ground acceleration attenuation relationships by Idriss(1985), Campbell (1981),and Joyner and Boore (1981). On this basis, it is our opinion that a realistic upper mean bound acceleration for average conditions in the delta is in the range of 0.15g to 0.20g. The practice in this area is to utilize a mean acceleration roughly approximated by a pseudo-static analysis. Based on the proximity of the nearest faults, it is our opinion that a 0.20g design acceleration value is I� appropriate for this study. As previously discussed, circular arc failure surfaces were analyzed using the Modified II Bishop's method. This method utilizes the levee slope configuration, unit weight and shear strength properties of levee and foundation materials, and boundary and internal distribution �I forces due to water pressures. After a potential failure surface has been assumed, the soil mass located above the failure surface is divided into a series of vertical slices. Forces acting on each slice.include the slice weight, the pore pressure, the effective normal force on the �I base, the mobilized shear force (including both cohesion and friction), and the horizontal side forces due to earth pressures. The factor of safety is calculated by determining the ratio of the moment of resistance (cohesion and friction along the failure surface) to the moment of the driving forces about the center of the assumed circular failure surface arc. Both programs performed automatic searches of different potential failure surfaces to compute a critical failure surface having the lowest factor of safety fora particular analysis condition. 'I The results of the slope stability analyses are summarized on P1tes to a d are graphically presented with a profile and failure surface in Appendix es all equal or exceed the minimum requirements established by the Corps of Engineers summarized in Table 2 below. �I 'I Copyright 1993 Kleinfelder, Inc. 4-169 Page 9 of 17 �I File No. 20-3179-01 K t.E t N F E C D E R February 2, 1993 i i TABLE 2 ? Minimum Required Design Condition Factor of Safety Case I: End of Construction 1.3 Case II: Sudden Drawdown 1.0 Case III: Intermediate River Stage 1.4 Case IV: Steady Seepage from Full Flood Stage 1.4IL Y Case V: Earthquake 1.0 Liquefaction Under the discussion of I "Case V: Earthquakes," in the referenced COE manual, the ' requirement to evaluate liquefaction for important levees is discussed. The manual mentions that earthquake loading is not normally considered along with full flood stage conditions because of the low probability of an earthquake coinciding with periods of high water. As discussed with you, an evaluation of liquefaction has been provided to FEMA on all previous levee projects. For the dry land levees of the Cypress Lakes project, it is our opinion that liquefaction is a distinct possibility with the close proximity of several major fault systems and the presence of loose, saturated sands near the ground surface. To mitigate the risk of liquefaction, the near-surface loose sandy soils along the entire levee alignment, except where the sandy hills are located in the northern portion of the site, will be densified using DDC techniques for overexcavation and recompaction. A more detailed description of DDC is presented in a later section of this report. Recent work by Seed on the residual strength of sands suggests that the risk of gross instability is minimal. Regarding slope instability within the vicinity of the sandy hills, reference is made to his report entitled "Reevaluation of Slide in the Lower San Fernando Dam and the Earthquake of February 9, 1979," dated April 1988. We have included in the Appendix C, Figures 8-1 and 8-3, of the referenced report showing the relationship between earthquake motion, the initiation of sliding, and the relationship of residual strength and blow count. Using procedures described by Seed and corrected blow counts of 8 in the upper 15 feet of slope and 15 below that depth, we estimate from Figure 8-3 residual strengths of 200 pounds per square foot (psf) and 700 psf, respectively. These values were substituted into the TSTAB Copyright 1993 Kleinfeider, Inc. 4-170 Page 10 of 17 r • KLEINFELDER �I " File No. 20-3179-01 �"� February 2, 1993 �i 01 program as the residual shear strength for the native sandy soils. The computed Factor of Safety using these values and a minimum slope of 10:1 were 1.7 which further suggests that the consequence of liquefaction (i.e. slope instability) within the proximity of the sandy hills �I would be low. In addition to using DDC techniques in the flat portions of the site, we also recommend that DDC be performed on the sandy hills where slopes are less than 10:1 and or the width of the �I plane at elevation +10.2 feet is less than 50 feet. The actual details of DDC should be determined by field tests as described in a later section. The ultimate goal will be to densify the inplace sandy materials so that Standard Penetration Tests indicate blow counts greater than approximately 14. Reference is made to our more detailed liquefaction evaluation contained in our Phase I report included in Appendix C. �I Seepage Since the proposed dry land levee will be composed entirely of compacted Engineered Fill and the underlying sandy soils will be densified by DDC, we do not anticipate that significant seepage will occur even in the unlikely event of a break on the existing perimeter levee system. It is also tentatively planned to leave in place the dewatering system located near the r inboard toe of the proposed levee system. This dewatering system could be pumped in the event of flooding. We recommend that maintenance of this dewatering system be considered as part of the operations and management plan for the project. ' To comply with requests to furnish seepage calculations, however, we have performed ' seepage analyses using the program PCSEEP for levee profiles 1 through 6 previously described, which represent the range of soil conditions encountered. Because of a lower head difference and a drainage path approximately three times longer than Profiles 1 through 6, seepage analysis was not performed for Profile 7 because seepage associated with this profile will be significantly less than Profiles 1 through 6. As reported earlier, layers of.clean and silty sands were consistently found below the sandy and clayey soils. ' For your information, PCSEEP is a computer program that utilizes a finite element numerical method for solving steady state seepage problems of free surface or confined flow of r groundwater, in a two-dimensional or axisymmetric porous region. In our testing program, three vertical permeability tests were performed and the results varied from 10' to 10-6 cm/sec. In our analysis, more permeable material was assumed based on soil type. In past ' FEMA submittals, vertical permeability was assumed to be an order of magnitude less than horizontal permeability. However, it is our opinion that this assumption is invalid for this project because of soil disturbance and mixing from DDC and new levee construction. We , feel that a horizontal to vertical permeability ratio of 2:1 or 5:1 is appropriate for this project. Behind each flow net diagram in Appendix D is a table describing the general soil types ' Copyright 1993 Kleinfelder, Inc. 4-171 Paye 11 of 17 ' � File No. 20-3179-01 kn K L E I N F E L D E R February 2, 1993 considered in our seepage analysis and the assumed permeability values. The results of our seepage analyses for each segment are summarized after the respective slope stability analysis ' in Appendix C. We point out that while laboratory permeability tests have been reported in units of cm/sec, PCSEEP utilizes ft/. Our analyses indicate that with even thick layers of relatively pervious material, such as clean sand with a horizontal permeability of 101 feet per ' minute in Profile 1, the flow through and beneath the may approach the order of 5 cubic feet per day if exterior levees along Sandmound and/or Dutch Slough breach during high water levels. TABLE 3 - SUMMARY OF SEEPAGE RESULTS - Levee Seepage (ft-/day) ' Profile No. Ratio of Horizontal to Vertical Permeability 10 5 2 1 1 10 5.3 2.1 0.78 2 4.1 1.4 0.69 0.17 3 3.8 1.2 0.74 0.28 ' 4 6.1 3.9 2.1 1.2 5 5.3 0.27 0.099 0.026 ' 6 2.9 0.098 0.054 0.018 ' 65.10 (5) Settlement Some settlement should be anticipated wherever fill is placed for the proposed levees, particularly those underlain by or containing clay soils. The greatest settlement is anticipated ' to occur in the southeast portion of the project. At these locations, the underlying clay soils are generally slightly overconsolidated. ' Estimates of the amount of anticipated settlement were calculated using the computer program CONSOL and confirmed by hand calculations. CONSOL calculates the total and time rate of settlement for one-dimensional layered soil masses using an implicit finite difference ' method. Ile program computes stresses caused by the placement of large area or strip fills, such as will occur beneath the new dry land levees. The stresses at any distance from the ' center of the strip are computed using 3oussinesq's equations for an infinite strip load. Two ' Copyright 1993 Kleinfelder, Inc. 4-172 Page 12 of 17 File No..20-3179-01 K L E I N F E L D E R February 2, 1993 conditions were analyzed in order to provide a range of expected settlement on the project. Settlement beneath levees in the northern portion of the project is expected to be minimal because of the lack of organic soils and the presence of firm underlying materials. The ' estimated settlement for a new dry land levee 16 feet in height underlain by approximately 8 to 10 feet of clay soils (Profiles 3 or 6) is on the order of 1 to 4 inches. This settlement is expected to occur mostly during the construction phase ' CONCLUSIONS On the basis of the results of our field explorations, laboratory tests, engineering analyses, ' and review of historical documents, we have formed the following conclusions regarding the proposed levees for Cypress Lakes: I ,• It is our opinion that the proposed levees should be stable with respect to gross shear type failure which could breach the levee and cause flooding. • The risk of seismic induced liquefaction and resulting levee failure is very low, Provided , deep dynamic compaction is performed prior to levee construction and the sandy high areas are cut to a minimum 10:1 (horizontal to vertical) slope. r • The lowest factor of safety against slope failure under seismic conditions occurs under the steady seepage from full flood stage condition. ' • The potential for uncontrolled seepage or piping is very low. , • Material from the interior lake areas and top of several existing high areas should be suitable for use in levee fill. ' DEEP DYNAMIC COMPACTION (DDC) We recommend a strip extending 5 feet beyond either side of the final levee toe be treated , using DDC techniques. Further, we recommend in-place densification efforts achieve a minimum relative density as evaluated by a SPT blow count of 14 blows per foot of penetration. A depth of improvement between 10 to 15 feet is considered feasible using , DDC, provided the underlying sandy soils are first dewatered. The recommendations outlined above are intended to address foundation soils considered ' likely to lose significant shear strength during a seismic event (and hence induce a slope failure or lateral spreading). Levee foundation soils susceptible to significant strength loss , include loose sands and silty sands generally encountered to depths of about 8 to 13 feet below existing site grade in the vicinity of the proposed levee system. In general, these loose sands are underlain by medium denselo dense sands. ' 4-173 , Copyright 1993 Kleinfelder, Inc. Page 13 of 17 File No, 20-3179-61 KLEINFELDER February 2, 1993 Prior to initiating DDC, the Contractor in conjunction with the project geotechnical engineer should conduct tests to determine the optimum drop weight, height of drop, number of drops, and spacing necessary to achieve the degree of densification stated above. We recommend the test section involve an area 40 feet by 40 feet in plan dimensions. The test section should be located at the western limit of the area to be treated (in the vicinity of our Boring B-19). As deemed necessary by the project geotechnical engineer, verification testing using SPT blow counts should be performed to evaluate the effectiveness of the densification efforts. Additionally, shear and compression wave velocities should be monitored to determine if they exceed published values for causing damage to adjacent residences. At this time, we anticipate SPT blow count testing should be performed at two additional locations to confirm the degree and extent of densification obtained by DDC. Modifications in the contractor's procedures may be required if specified density requirements are not obtained and if shear and compression wave velocities exceed limiting values. Modifications may include additional number of drops or reduced drop spacing. Modifications may also include a change to more conventional overexcavation and recompaction techniques especially near existing residences. Specific modifications in the contractor's procedure should be determined by the project geotechnical engineer upon completion of each test section and in coordination with the DDC contractor and the owner. RECOMMENDATIONS In our opinion, as for any levee system, a maintenance and inspection program of the district levees is mandatory, if the risk of failure is to be maintained at an acceptably low level. Inspection of levees should include, in our opinion, at least the following: * Periodic scheduled inspection of the complete levee system, a minimum of every 6 months. Additional inspection for possible erosion should be performed during significant periods of rainfall. . . * Cross-section and elevation data on the levees kept current * During periods of high water, inspection of adjacent Sandmound and Dutch Slough levees should be instituted Prior to placement of fill materials for the areas receiving levees, we recommend that the exposed levee subgrades be stripped of vegetation. Organic material at the base of the levees should also be removed. Dewatering trenches will likely be required near the swale on the eastern portion of the development to facilitate the placement of Engineered Fill in the excavation. A, Copyright 1943 x1einfelder, Inc. 4-174 page 14 of 17 File No. .20-3179-01 K L E I N F E L D E R ' February 2, 1993 All fill material should be compacted to a minimum of 90 percent of the maximum dry density , as determined by the ASTM D-1557 test procedure. In our opinion, Engineered Fill used to construct the levee can consist of both organic or inorganic native materials from the borrow site locations and from excavations along the base of the proposed levee. We recommend that project specifications require that whenever organic soils are used as fill, that some blending with the nonorganic materials occur, possibly on a 80:20 (inorganic to organic) basis. We ' suggest that a maximum organic content, as determined by the burn out test method of 10 percent, be considered. During grading periodic samples of inplace Engineered Fill should be recovered for triaxial and permeability testing to confirm design strength and permeability ' values. ADDITIONAL SERVICES The review of plans and specifications, field observations, and testing by Kleinfelder, Inc. are an integral part of the conclusions and recommendations made in this report. If Kleinfelder, Inc. is not retained for these services, the client agrees to assume Kleinfelder, Inc.'s ' responsibility for any potential claims that may arise during construction. The required tests, observations, and consultation by Kleinfelder, Inc. during construction includes, but.is not necessarily limited to: • Continuous observation and testing during site preparation and grading and placement of Engineered Fill • Consultation as required during construction The above listed testing and observations would be additional services provided by our firm. The costs for these services are not included in our current fee arrangements. , LIMITATIONS • The conclusions and recommendations in this report are for design purposes for the ' proposed Cypress Lakes project as described in the text of this report. The conclusions and recommendations in this report are invalid if: • The report is used for adjacent or other property ' • Changes of grades and/or groundwater occur between the issuance of this report , and construction • Any other change is implemented which materially alters the project from that , proposed at the time this report was prepared Copyright 1993 Kleinfelder, Inc. 4-175 Page 15 of 17 ' File No. 20-3179-01 KLEINFELD.ER February 2, 1993 • The conclusions and recommendations in this report are based on the borings drilled for this investigation. It is possible that variations in the soil conditions exist between or beyond the points of exploration, or the groundwater elevation may change, both of which may require additional investigations, consultation, and possible design revisions. * This report was prepared in accordance with the generally accepted standard of practice which existed in Contra Costa County at the time the report was written. No warranty, express or implied, is made. • It is the CLIENT'S responsibility to see that all parties to the project, including the designer, contractor, subcontractor, etc., are made aware of this report in its entirety. • This report may be used only by the client and only for the purposes stated, within a reasonable time from its issuance. Land use, site conditions (both on site and off site) or other factors may change over time, and additional work may be required with the passage of time. Any party other than the client who wishes to use this report shall notify Kleinfelder, Inc. of such intended use. Based on the intended use of the report, Kleinfelder, Inc. may require that additional work be performed and that an updated report be issued. Non-compliance with any of these requirements by the client or anyone else will release Kleinfelder,*Inc. from any liability resulting from the use of this report by any unauthorized party. ' r Copyright 1993 Kleinfelder, Inc. 4-176 Page 16 of 17 File No. 20-3179-01 K t E t N F E t D E R February 2, 1993 We appreciate the omni to have been of service this r ' app opportunity ce to you on s p o�ect and oust this report contains the information requested. If you have any question after reviewing this report or need additional information, please contact us. , Respectfully submitted, I KLETI``nLDER, INC. G. Steve Malinke Staff Engineer RQF��ti9 � COQ ZRY No. 388 , Ron Heinen, G.E. E*suss ., Regional Manager orECH��Q��� -j£OF CAl\F GSM:md 2193 Attachments ' t Copyrfyht 1993 Ktefnfelder, Inc. 4-177 Paye 17 of 17 GOLF COURSE t I '� t•\\ ' sl A D.�oA .\ AJEWA Toiler + . ' t. ••� -1' • - CA JEWLY AQAO 7 .1 PifIt :• •� 2- /tet �•• ,\`• '� - -- .a -:c / I i I ♦"' V 9. �f- •.J - _ — ,: - '. t �, _ ;�a Roo, �..$etl�el Is . 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AM ���.}Y4`'l�[K tt\r%•w:v-•'A' 1 I I i / ',; :4w<P:r.��" '�'•:!�76aY iiii:•Y�Y::utt.w.Y•'�.p.:c4 \ 1� \ I 1 :ic,i 'l.+:`..»�;:.�.- z�w::.�,ion Z•>:t:tv;�l�;{./�\�•a c� - -♦ ♦ :I'i.o�:f:.:::'::::::" \.'':•aiY 11}%1!1';•1;�.wii' �� .iii•Y.:w,} >xaK.:c::4�sncmc;rt;r.:;:t••,.:....r•�.;t:...i. \\ \\ /• .,:.:4ii::4:i.•.:y �%•}'w'yw"Q..'n`^X".%`iNiii'dMaaft•Y.;�.qw�..p� -,,)• \\ / .•, .^Y^•:<Y'y<r?ar.Y�Y.a::,'{»',�'U+ny'Y%%��.G 1iw�•'wli vr�... •IL �—J ...�.. .. �' •'�^!'!i.:<t}%:i%":;'CCI.X•)'.:/inY.,ii:UiiYAiYri": •• J•' -�: �::i n.'ri:•Yr.•wt:ti^'lyaTwi} : X :.:v.C:P.i4:::!^CG:q:�.:YIX• •''I'C..'.:.r..:.tr.:.:t:.i::w::rttoY....;:::•;; »r:ax::•.;;:.: '\�• �r. \`\ \ .I F?.::.:!rcat•in:x_;,:�crr,..,,..Y♦,•`.-::: .: rij.ix<t•o}i}ic•:au::;�:;;: V� \ �},j�'LJii.:vi:j•i� 4%.tirt•]L•}}•4M'3 w�M).0\� v ♦ w.} „J 1i;:....,N:t:iw::.t!\wr:a„ft{,•1.CG,.k .• i•. .i,: 4ti \ I u]•:C•SN1M<;S:??N:.iY .+•. -• -•\ a r , .1e• `\ , {„_. ,.._...� III ------------ i ;�aY _... ..._ - -..._..._ •.Gas welt RsHSereens �1 Tree CageA- ------------ _ -- SCALE ' LANE 0 Q000 4000 ft R ock J 1 S SITE LOCATION MAP PLATE knKLEINFELDER - CYPRESS LA= HOTCHKISS TRACT CONTRA COSTA COUNTY, CALIFORNIA A-1 PROJECT NO- 20-3179-01 ' M-6 4-178 -+- DENOTES APPROXIMATE BORING LOCATION NO SCALE i U >ti 5n' ,t0 O O _ m a O Ih 1' 1 �lz 1 - , a cn , ? e n ' ; o co o ,t .1 Go ,, � �0 1 ti = c o Z. N m b 1� m+ ' cot PROPOSED LEVEE -- ;c ' � 10 1 Z ca \ 1 N t 1 I of Ic , 1 _ 4 \ b v 0 v v r, z i 735 % 1n ° m ORING 128 \ i REFERENCE: BORING LOCATION PLOT.; BOHLEY/MALEY ASSOCIATES; UNDATED BORING LOCATION MAP PLATE ' k%l KLEIN F E L D Ek cYPRsss L's ! HOTCHKISS TRACT CONTRA COSTh CouNTY, CALIFORNIA 2 ' PROJECT NO. 20-3179-01 4_179 UNIFIED SOIL CLASSIFICATION SYSTEM MAJOR DNISICNS LTR DESCRIPTION 164AKX1 D1V xxa LTR DESCAMMIN ow W991rawe oswis or Gravel Sano mtaneos,Far0 of tnorgarX Alli od-Vyfav surdds s,roaw. ro ma or L sats a cttryey fww sorsa or cryotr wts WIm GRAVEL SILTS OWS oiutcty. PbartyyraWd pnrNe a praval Sammorlua,too --- AND G P or no yew. r ANDIn4 C L wm days of ioar to nwrtom Pttsaoty, GRAVELLY CLAYS 9 mveM day's wraty cwm t*y cryo.Man SOILS O M SaygmvMo,grawMmrw�4 rn~os. LL t 50 tatYL O L Organic air ane arPnio$A-GrYs of bar COARSE GC Ctayay9""0' raWEfaneS4ymaS+aes. FINE pfaway. GRAINED GRAINED SOLS S W Wo9gre0sd aloud:of graysiy sands.fmie or ne SOILS M N tnerganc site.ntiaaaoota ofdietwWwww SAND fataa SILTS woo a airy sail.Siam illta. ANOa P Pm*9r&*d wage a orsrap%V We.wo at no AND SANDY fres. CLAYS C N hw9am daq d Utpn p"iml.tat days 'S S M SIM Bands."M.ani six MUMSa> LL.v,50 O N Oryardc days d otsdYrnt to high p=wfy. r Ewtft Clayoy ane day ma"Mos. F LY CROANIC SOILS P t Pau ud ottrtr dc tVWapaseas. Standard penetration split spoon sample Modified California sampler 1 Shelby tube sample T Water level observed in boring No recovery NFWE No free water encountered NOTE: The lines separating strata on the logs represent approximate boundaries only. The actual transition may be gradual. No warranty is provided as to the continuity of soil strata between borings. Logs represent the soil section observed at the boring location on the date of drilling only. PLATE LK L E 1 N E E L D E.R BORING LOG LEGEND ' A-2 PROJECT NO. 20'3179-01 4-180 i Date Completed: 3/30/92 Surface Conditions: Pasture Logged By: JMY Groundwater: Rotary wash boring. Total Depth: 21.5 feet FIELD LABORATORY +- DESCRIPTION 4- + OJ N C 4. } CL 3 N -*.- I+ a a } + Approximate Surface Elevation (ft): -7.5 aa) e0. Ea ° L W V 6 O t m .L.. y y o cn m co IL=cox U v) o a, USCS CIassification (OL) ORGANIC SILT - Black, Very Organic, i 1 Soft, Moist 7 (SP) SAND - Light Gray-Brown, Very Fine to Fine Grained, Loose, Moist I � S 11 (SC) CLAYEY SAND - Light Gray, Very Fine to Fine Grained, Loose 10 (SM) SILTY SAND - Black-Gray, Cemented, 33 Very Fine to Fine Grained, Medium Dense (SM) SILTY SAND - Black-Gray, Not Cemented, Very Fine to Fine Grained, Dense (SP) SAND - Black-Gray, Not Cemented, r Very Fine to Fine Grained, Dense 15 48 (SP) SAND - Light Gray-Brown, Cemented g Y Very Fme to Fine Grained, Dense (SP) SAND - Light Gray-Brown, Lass Cemented, Very Fine to Fine Grained, Dense 20- 36 END OF BORING I i 25 CYPRESS LAKES PLATE i KLEIN F E L D E R HOTCHKISS TRACT 1 or Y CONTRA COSTA COUNTY CA. A-3 PROJECT NO. 20-3174-0.1 LOG OF BORING B-1 4-181 Surface Conditions-, Pasture- Date Completed: 3/30/92 Logged By: Imy Groundwater. Rotary wash boring. Total Depth: 25. feet FIELD LABORATORY. DESCRIPTION 1A C M L W V C 0) 0 q.. 4- W L C L W Approximate Surface Elevation (ft): -8.5 0. :3 0 -0" 0. 0) 4) 4- (L E 0 :11 C 4- C 6 L 4- �cV1 C W W - L W U 00 0 4- W *- W W USCS Classification C3 I(Al co 00 0.1EUX U U) 0 11-- CL. 4 (OL) ORGANIC SILT - Slack-Brown, Very Organic, Soft, Moist (SM) SILTY SAND - Light Gray-Brown, 5 9 Very Silty, Soft, Very Fine to Fine Grained, ALoose (SM) SILTY SAND - Light Brown, Less Silt, Very Fine to Fine Grained, Medium Dense (SM) SILTY SAND - Light Gray, Very Slight Silt, Very Fine to Fine Grained, Medium 10 14 Dense (SP) SAND - Light Gray, Very Fine to Fine Grained, Medium Dense 15 25 (SM) SILTY SAND - Light Gray-Brown, 20— 28 Slightly Silty, Very Fine to Fine Grained, Medium Dense (SM) SILTY SAND - Light Brown, Cemented, Very Fine Grained, Dense 52 25 CYPRESS LAKES PLATE KLEINFELDER HOTCHKISS TRACT I of 2 0 CONTRA COSTA COUNTY. CA. A-4 t—PROJECT NO. 20-3179-01 LOG OF BORING B-2 4-182 FIELD LABORATORY, DESCRIPTION E d � . q31 '—Nf-1 *- W LC L w '^ E a TC4- N C E L - t 4- 0. C a, ro LWU 00 0 + •� a as Continued from previous late o cn ( P plate) (SP) SAND - Light brown, Very Fine to Fine I , Grained, Dense J END OF BORING a 30 35 40 45 50 CYPRESS LAKES PLATE KLEINFELDEIR HOTCHKISS TRACT z of 2 CONTRA COSTA COUNTY, CA. A-4 PROJECT NO. 20-3179-01 LOG OF BORING B-2 4-183 Surface Conditious-, Pasture Date Completed: 1/10/92 Logged By: My Groundwater. Rotary wash boring Total Depth: 31.5 feet FIELD LABORATORY DESCRUMON 4- 4- C 4. 31 L 4- $A 4- U10 :1 C 41 0 4- 1 3 in op Approximate Surface Elevation (ft): -8.0 4- QJ L M C L 0 -4-- d) 01 .4— CL e 0 MC4- -_ C E L $4- C0 C0) to — LdIQ 00 0 4- 0 4) 0) USCS Classification C-3 U)l Cm cc 0. r-u.v U M 0 CL (PT) SILTY PEAT - Dark Gray-Brown, Soft, W Moist 5 Organic Content 55% 5 (SM) SILTY SAND - White-Gray, Very Fine 5 ' "il-1...: to Fine Grained, Loose (SM) SILTY SAND - White-Gray, Graded to Slightly Silty, Very Fine to Fine Grained, Loose 10- (SM) SILTY SAND - Light Gray, More Silty, 27 -,,,Very Fine To Fine Grained, Medium Den!L_r7 (SP) SAND - Light Gray, Very Fine to Fine Grained, Dense 15 36 20—a 35 25 CYPRESS LAKES PLATE K L E I N F E L D E R HOTCHKISS TRACT Tor 2 0 CONTRA COSTA COUNTY, CA- ■ PROJECT NO. 20-3179-01 LOG OF BORING B-3 A-5 4-184 FIELD LABORATORY 4- 4- DESCRIPTION • 4� � + 7_C O! 01 � . +L- 0. O N a 0.L L. d w .�- a C E O T �-C 4- E L '- L N C a E — = a u o C 0 +- a (Continued from previous plate) C� cn to a o a v L) cn •- 42 30 32 END OF BORING '1 35 I 40 45 , SO r CYPRESS LAKES PLATE KLEIN F E L D E R HOTCHKISS TRACT 2 of 2 - CONTRA COSTA COUNTY, CA. A-5 PROJECT NO. 20-3179-01 LOG OF BORING B-3 4-185 , Surface Conditions-. Boring drilled 100 feet north Date Completed: 4/IZ92 of stake. Logged By: Groundwater. Groundwater encountered at 2 foot Total Depth: 2I. feet depth. FIELD LABORATORY DESCRIPTION W C 31 L 1p 0; 4- fil CW C) 4- z W L C L 0 Approximate Surface Elevation (ft): -6.9 4- W 4- 0- a 0 C 4. 0— cCL E L 94- C 4W 0 C do M — W U 0 0 4- 4- 0) W USCS Classification 0 U), cc 0 0 0. 1P to L).V L) C/) 0 (L (PT) SILTY PEAT - Black,_Soft, Moist (SM) SILTY SAND - Light Gray Brown, Very Slightly Silty, Very Fine to Fine Grained, Loose 5 (SM) SILTY SAND - Light Gray, Very Fine 6 T. to Fine Grained, Loose (SP) SAND - Light Gray, Very Fine to Fine Grained, Medium Dense 10— 12 15 28 (SM) SILTY SAND - Light Gray, Slightly Silty, Hard, Very Fine to Fine Grained, Medium Dense 20— 44 END OF BORING 25 CYPRESS LAKES PLATE kpq K L E I N F E L D t R HOTCHKISS TRACT 1 of I CONTRA COSTA COUNTY, CA. A-6 LOG OF BORING B-4 PROJECT NO. 20-3179-01 7 1 4-186 Surface Conditions: On sandy hill 10 to 15 feet Date Completed: 4/3/92 above most of site. ' Logged By: JMY Groundwater. Groundwater encountered at 25.5 foot Total Depth: 31.50 feet depth. FIELD LABORATORY DESCRIPTION ,- m u+ 4- 4- 91 L+- %A r- N L N Approximate Surface Elevation (ft): 14.0 0. 3 N a+ a s W +- � L01u OO 0 +cn +-L- mut +a�- cNr 4=t is ori a rc� U r a YJSCS Classification Q (I (SM) SILTY SAND - Brown, Slightly Silty, Yery Fine with Fine Grains, Loose, Moist 7 (SP) SAND - Light Brown, Loose, Moist 5 8 Triaxial Comp. 10 9 Medium Dense 15 14 20- 14 25 CYPRESS LAKES PLATE jk09KLEINFELDtR HOTCHt5TRACT loft CONTRA COUNTY, CA. A-7 PROTECT NO. 20-3179-01 LOG OF BORING 6-5 i 4-187 oe FIELD LABORATORY DESCRIPTION 1}11*- M y CLr +N- d E o 71 C'+- — C E L 4- L U1 1 a roc.a u o 0 o t m + v a (Continued from previous plate) ca w 38I1 30 _J 15 END OF BORING 35 40- 45 50— CYPRESS LAKES PLATE KLEINFELL? ER HOTCHKISS TRACT 2 4# i 1 0 CONTRA COSTA COUNTY, CA. A-7 PROJECT NO. 20-3179-01 LOG OF BORING 8-5 4-188 oo, 1, Surface Conditions: o sandy hill. Date Completed: 4Z3/92 Logged By: )MY Groundwater: Groundwater encountered at 15.5 foot Total Depth: 25. feet depth. FIELD I LABORATORY DESCRIPTION 4. 0 4- °i V a s m 0 Approximate Surface Elevation (ft): -2.0 Q E O M C4- — C IE L W N G a Mo L 0) U o o +- #A +- d W USCS Classification p to aD cc a, �U\ U (n +- O F- o. (SM) SILTY SAND - Brown, Very Slightly I3 Silty, Vett' Fine with Fine Grains, Medium Dense, Moist (SM) SILTY SAND - Light Gray-Brown, Very Slightly Silty, Very Fine with Fine 5 29 -200 a15% Grains, Medium Dense, Moist 10-114 15 20 (SP) SAND - Light Gray, Very Fine to Fine Grained, Medium Dense 20- 17 25 CYPRESS LAKES PLATEof 2 K L E I N F E L D E R HOTCHKISS TRACT CONTRA COSTA COUNTY, CA. A-8 PROJECT NO. 20-3179-01 ' LOG OF BORING B-6 4-189 l FIELD LABORATORY. DESCRIPTION d 4- L,. `" '`" `" i c 9. os +. +L- 3 t *#- 4) a W a � E Q. 6 a T c - C E L 4- L' U1 c m M — L a 0 0.o cn az 0 0 +- a 4- d Continued from previous plate) cc VU w o r j END OF BORING i - 30 i 35 7 i 1 i 40 I 45 i 1 i i CYPRESS LAKES PLATE KLEINFELDER HOTCHKISS TRACT 2of2 CONTRA COSTA COUNTY, CA. PROJECT NO. 20-3179-01 LOG OF BORING B-6 A-8 4-190 Surface Conditions: On side of sandy hill. Date Completed: 4/3/92 Logged By: JMY Groundwater. Groundwater encountered at 19.5 foot Total Depth: 21.5 feet depth. FIELD j LABORATORY DESCRIPTION r 4- T L+- 0 -4- N t m m _' +- W L L 0 + Approximate Surface Elevation (ft): 10.0 j � 0. 3 0' 0+ a GI OJ +- d E O TCS - C E L 4- L N C CU ro — L 0, 0 0 0 +- a 0 a USCS Classification o in m 00 `� E u x U in + o F- o_ $ (SM) SILTY SAND - Brown, Very Slightly Silty, Very Fine with Fine Grains, Loose, Moist 5 15 Triaxial Comp. (SP) SAND - Light Gray, Very Fine with Permeability Fine Grains, Medium Dense, Moist 10 11 15 18 r 20 1 21 , END OF BORING N. 25 CYPRESSLAKES PLATE S KI KLEIN F E L D E R HOTCHKISS TRACT 1 of 1 CONTRA COSTA COUNTY, CA. A-9 PROJEC'x' NO. 20-3179-01 LOG OF BORING BB-7 4-191 r , Surface Conditions_ On side of sandy hill. Date Completed:_ 4/3/92 '- ' Logged By: JMY Groundwater. Rotary wash boring. Total Depth: 21.5 feet I FIELD LABORATORY u+ t DESCRIPTION L+- In 4- N r 3 N u}i;' L. C v �� Approximate Surface Elevation (ft): -8.0 ' (. E O MC'- — C E l-0 4- C t — n 2 a u 00 0 m v a � d N m a s=v C) to + o N- a USCS Classification r III 3 Organic (OL) ORGANIC SILT - Dark Gray-Brows, Content = III Very Organic, Soft, Moist 17% ' r I ' (OL) ORGANIC SILT - Dark Gray-Brown, Less Organic, Soft, 5 (SM) SILTY SAND - Light Brown, Slightly 5 107 18 Direct Silty, Very Fine to Fine Grained, Loose Shear -200 = 16% (SM) SILTY SAND - Light Gray, Very Fine to Fine Grained, Loose r 10 8 (S ) SILTY SAND - Black-Gray, Slightly More Silt, Very Fine with Fine Grains, Loose r ; (SP) SAND - Black-Gray, Slightly Harder 15 Drilling, Very Fine to Fine Grained, Medium 19 Dense r 1 ' 20 20 (SM) SILTY SAND - Black-Gray, Slightly Silty, Very Fine to Fine Grained, Medium Dense FiWined, SAND - Brown-Gray, Very Fine to Fine aMedium Dense END OF BORING 1 25 PLATE CYPRESS LAKES I or I KLEIN FELDER HOTCHKISS TRACT ' - CONTRA COSTA COUNTY, CA. PROJECT NO. 20-3179-01 LOG OF BORING B-8 A-10 r 4-192 Surface Conditions; Drilled34 feetwest of stake. Date Completed: 413/22 in a ditch. Logged By: y Groundwater. Groundwater encountered at 4 foot Total Depth: 21.5 feet depth. FIELD LABORATORY DESCRIPTION 44- T L N4- N t a A4- W \ :; W M 4- 0 +- W L C L 0 Approximate Surface Elevation (ft): -8.0 3 W 4- 0. at (1) 4- CL r= 0 01 C4- — C E L4- (A dM — LQ1U 00 0 +- V1 4- USCS Classification 0- ttt Iii (OL) ORGANIC SILT - Dark Gray, Very 3 Organic, Soft, Moist Iltilt lit 5 3 (SM) SILTY SAND - Brown-Gray, Very Fine to Fine Grained, Very Loose (SM) SILTY SAND - Light Gray, Less Silty, Very Fine Fine to Fine Grained, Very,Loose t (SM) SILTY SAND - Light Gray, More Silty, Very Fine with Fine Grains, Medium Dense 10 (SP) SAND - Light Gray, Very Fine to Fine Grained, Medium Dense 24 20- 32 Dense END OF BORING 25 CYPRESS LAKES PLATE KLEINFELDER HOTCHKISS TRACT I of I CONTRA COSTA COUNTY, CA. LOG OF BORING B-9 A-11 �—PROJECT NO. 20-3179-01 4-193 ' -- ' 4-194 Surface Conditions: Low area Date Completed: 4/6/92 Logged By: JMY Groundwater. Rotary wash boring. Total Depth: 26. feet FIELD LABORATORY DESCRIPTION ' 4- i •- `+- 71 L+- N +- N d � C L N ~ Approximate Surface Elevation (ft): -7.0 a E o 31C —c a L4- = a c r c in m oc 0 c0 N +OP o W a°'. USCS Classification 1 � for Organic (PT) PEAT - Black, Soft, Moist 10" Content = i i Z 5696 I ' I (OL) ORGANIC SILT - Dark Gray, Very Organic, Soft for g" (ML) SANDY CLAYEY SILT - Black, Very 5 Fine to Fine Grained, Soft 5j (S) SILTY SAND - Gray, Very Fine to Fine Grained, Loose 16 113 16 Direct 4.8* Shear (SP) SAND - Black-Gray, Very Fine to Fine 14 Grained, Medium Dense 15 25 - .r (SP) SAND - Light Gray-Brown, Very Fine 20 25 to Fine Grained, Medium Dense to Dense 25 `1 I CYPRESS LAKES PLATE k" K L E I N F E L D E R HOTCHKISS TRACT 1 of z 10 1 CONTRA COSTA COUNTY. CA. LOG OF BORING B-11 A-13 PROJECT NO. 20-3179-01 - 4-195 r FIELD LABORATORY DESCRIPTION - 8t \ 4-- W L C a 4- 3 a 0-6- Q W 4J t d a O T C 4*' — C E L 4- JG N c a, ro — L 0; u o O o +- a •- m w (Continued from prerious plate) 0 V) m a o U.%,: U cry »- o r-- n- END OF BORING ! * Torvane i s ;. 34 I 1 i 35 I 40- 45 54 CYPRESS LAKES PLATE K L E ! N F E L D E R HOTCHKISS TRACT 2 of z CONTRA COSTA COUNTY, CA. A-13 PROJECT NO. 20-3179-01 LOG OF BORING $-11 1 4-196 Surface Conditions: Slightly higher than other Date Completed: 5/20/92 fields. Logged By: _ SM Groundwater._Groundwater encountered at 7.3 foot Total Depth: 26.5 feet depth. FIELD LABORATORY DESCRIPTION i N Q a v a 0 } Approximate Surface Elevation (ft): -1.5 4- Wn°, m a0Co + a° a,u o + N aj � o N m oo =(3. (S Cn ;- o a USCS Classification (SM) SILTY SAND - Light Gray, Slightly 21 104 7 ilty, Yery Fine with Fine Grains, Loose, Dry, (SM) SILTY SAND - Light Orange-Brown, i Very Fine to Fine Grained, Medium Dense, Moist , (SM) SILTY SAND - Light Gray-Brown, 5 9 Slightly Silty, Very Fine to Fine Grained, Loose, Moist (SP/SM) SAND - Gray, Very Fine to Fine Grained, Loose 10 4 -200 - 8% r (SP/SM) SILTY SAND Gray, Very Slight 15 Silt, Very Fine to Fine Grained, Medium 15 -200 -10% Dense , (SP) SAND - Gray, Very Fine to Fine Grained, Medium Dense 20 29 (SM) SILTY SAND - Gray, Very Slight Silt, Yery Fine Grained, Medium Dense (SM) SILTY SAND - Light Gray-Brown, 25 CYPRESS LAKES PLATE K L E I N F E L D R HOTCHKISS TRACT i of 2 CONTRA COSTA COUNTY, CA. PROJECT NO. 20-3179-01 LOG OF BORING B-12 A-14 4-197 FIELD LABORATORY ar u► r DESCRIPTION 0. E 71c4- — E L '. L N a — Lar v o o + aCa, o n) m 0 ( Z;UN v cn 0 a (Continued from previous plate) ' 34 Very SIight Silt, Very Fine to Fine Grained, Medium Dense (SM) SILTY SAND - Blue-Gray, Very Slight ilt, Very Fine to Fine Grained END OF BORING ' 1 30- 35 r ' 40 ' 45 ' 50— CYPRESS LAKES PLATE KLEINFELDER HOTCHKISS TRACT 2 of 2 CONTRA COSTA COUNTY, CA. A-14 PROJECT NO. 20-3179-01 LOG OF BORING B-12 4-198 - — — -- -- ------ --- . . - Surface Conditions: Wheat field. Date Completed. 4/16/92 Logged By: JMY - i I , Groundwater. Groundwater encountered at 2.8 foot Total Depth: 21.5 feet _depth. FIELD LABORATORY DESCRIPTION 4- 71 L t UI +- N t a - +- CU f- C L w a- Approximate Surface Elevation (ft): -7.0 ! IL E 0 T C4- �- C E L `- C 0 C Q1 n -- L Ol U 00 0 +- N a a USCS Classification o cn m o o a =v v U v) t o f- a ( k Gray, ORGANIC CLAYEY SANDY SILT - 11 Darray, Very Fine Grained, Moist 4 ; (OL) ORGANIC SILT - Black, Moist (OL) ORGANIC SILT - Black-Brown-Gray, . ! oist (CL) SILTY CLAY - Brown-Gray, Soft, Moist 5 6 118 25 -200 =28% (CL) SANDY CLAY - Blue-Gray, Very Consol. andy, Very Fine to Fine Grained (SM) CLAYEY SILTY SAND - Blue-Gray, Very Clayey, Very Silty, Very Fine to Fine rained, Loose FT. (SM) SILTY SAND - Blue-Gray;Very Fine to Fine Grained 10 (SM) SILTY SAND - Blue-Gray, Slightly 13 Silty, Very Fine to Fine Grained, Medium Dense (SP) SAND - Gray, Very Fine to Fine , Grained, Dense 15 30 ' (SP) SAND - Light Gray-Brown, Very Fine to Fine Grained, Dense 20- 31 END OF BORING 25 . CYPRESS LAKES PLATE KLEINFELDER HOTCHKISS TRACT IofI • CONTRA COSTA COUNTY, CA. �) PROJECT NO. 20-3179-01 LOG OF BORING B-13 A-15 4-199 4 Surface Conditions; Wheat field: Date Completed: 4/16/92 ' Logged By: JMY Groundwater. Groundwater encountered at 2.3 foot Total Depth: 31.5 feet depth. FIELD LABORATORY: } DESCRIPTION :1 LN t N - L a Approximate Surface Elevation (ft): -6.3} 3 111. Wt a W W + a E TC`* �- C E L 4. L N C i W cn m 00 a =Ux U (n ka d � a USCS Classlflcatlon i $ Ifine OL) ORGANIC CLAYEY SILT - Dark rown-Gray, Soft, Moist CL) SILTY SANDY CLAY - Gray-Brown,ery Sandy, Very Fine to Fine Grained C) CLAYEY SAND - Brown-Gray, Very12 105 22 1.3ine to Fine Grained, Medium Dense CL) SANDY CLAY - Gray-Brown, Very to Fine Grained, Medium Stiff CL) SANDY CLAY - Gray-Brown, Slightly andy, Very Fine to Fine Grained, Medium tiff 12 (SP) SAND - Light Brown, Very Fine to Fine Grained, Medium Dense 15 34 J 20- 41 25 CYPRESS LAKES PLATE K L E I N F E L D R HOTCHKISS TRACT 1 of 2 i CONTRA COSTA COUNTY, CA. A-16 PROJECT NO. 20-3179-01 LOG OF BORING B-14 4-200 FIELD LABORATORY, +- DESCRIPTION 4- T L+- N 4- N 3C d M +- W L C G. to a. E 0 T C4- --C E L �.- t C v 0 — c. aj u 00 0 + 0 + w w (Continued from previous plate) o cn m cc Ezux u cn +- o ►— 0- 16 16 a ri � a 30 26 I n i END OF BORING �I II 35 a - i 40- 45 0 45 SO , CYPRESS LAKES PLATE KLEIN FELDER HOTCHKISS TRACT 7 of 2 CONTRA COSTA COUNTY. CA. A-16 P)2oncr NO. 20-3179-01 LOG OF BORING B-14 4-201 ' Surface Conditions: Wbeat field. I Date Completed: 4/16/92 Logged By: Groundwater. Groundwater encountered at 8 foot Total Depth: 21.5 feet depth rose to 2.3 foot I ' FIELD LABORATORY DESCRIPTION v 4- w N t 4- `- T L+- N +- 0 t 3 N }ut u L a L Approximate Surface Elevation (ft): -6.2 4 EO TC'* - C E L � L N C a, 0 — L a 0 0 0 0 +- N +- 0 W USCS Classification a m m oa CL=U. U W +- o o. ' (OL) ORGANIC SILT - Dark Gray-Brown, 9 103 23 1.5 Hydrometer Very Organic, Soft, Moist IF Analysis (CL) SILTY CLAY - Gray, Soft, Moist (CL) SANDY CLAY - Gray-Brown, Slightly Y Sandy, Very Fine to Fine Grained, Soft, $ 8 118 I8 Hydrometer Moist - Analysis (CL) SANDY CLAY - Light Gray-Brown, Co.hsol. More Sand, Very Fine to Fine Grained, Soft, Moist (CL) SILTY SANDY CLAY - Light Gray-Brown, Very Fine to Fine Grained, Soft (SM) SILTY SAND - Light Brown, Slightly 10 Silty, Very Fine to Fine Grained, Medium 22 Dense (SM) SILTY SAND - Light Gray-Brown, Slightly Silty, Very Fine to Fine Grained, Medium Dense ' - - : (SP) SAND Light Gray Brown, Very Fine 15 to Fine Grained, Medium Dense _ 12 20 14 END OF BORING 25 CYPRESS LAKES PLATE K L E I N F E L D E R HOTCHKISS TRACT IofI CONTRA COSTA COU14TY, CA. A-17 PROJECT NO. 20-3179-01 LOG OF BORING B-15 r 4-202 i Surface Conditions: Wbeat field. Date Completed: 4/13/92 Logged By: _ JMY Groundwater. Groundwater encountered at 4 foot , Total Depth: 21.5 feet 10 inch depth. FIELD I LABORATORY; DESCRIPTION I� , W L C L 0 Approximate Surface Elevation (ft): -4.6 d E 0 T C 4- y C E L 4- t LA C O! A — L 40 0 00 0 � 0 +- a, 4) USCS CIassification O (n to O C1 a =L)\ U (n 4-1 O E- a- II1 ,� I I (OL) ORGANIC SILTY CLAY - Dark Brown, III Very Silty, Very Organic, Soft, Moist (CL) SANDY SILTY CLAY - Gray, Very Fine to Fine Grained, Moist 12 (SM) SILTY SAND - Brown, Very Fine to Fine Grained, Medium Dense, Moist 1 5 Triaxial Comp. Pei meability (SP/SM) SILTY SAND - Gray, Very Slight 6 i -20 -109'o Silt, Very Fine to Fine Grained, Loose I (SP) SAND - Gray, Very SUM Silt, Very Fine ' 10 to Fine Grained, Medium Dense 13 I I I 15 25 Of) SILTY SAND - Black-Gray, Slightly Silty, Very Fine with Fine Grains, Medium Dense (SP) SAND - Light Brown, Very Fine to Fine Grained, Medium Dense 1 20 21 END OF BORING 25 PLATE CYPRESS LAKES i of i KLEIN F E L D iE R HOTCHKISS TRACT CONTRA COSTA COUNTY. CA. A-1$ PROJECT NO. 20-3179-01 LOG OF BORING B-16 4-203 ' 7 Surface Conditions: Wheat field. Date Completed: 4114/92- Logged By: imy Groundwater: Groundwater encountered at-8 foot Total Depth: 26. feet depth, rose to-3.5 foot FIELD LABORATORY DESCRIPTION 4_ Ct 0 1 1P 1 Approximate Surface Elevation (ft)'. -3.0 W C L CL 3 us jP b. CL W W E 0 =1 C&+. - C E L 4- L jP C Qj M LIWU 00 o ". 4A W USCS Classification (0 as CL r_UX U (n a. (OL-CL) SILTY ORGANIC CLAY DaArk. 5 71 32 0.9 Gray-Brown, Very Organic, Soft, Moist (CL) SILTY CLAY - Brown-Gray, Soft, Moist $ 9 TriQLxial Coinp. (SM) CLAYEY SILTY SAND - Light .TAGray-Brown, Very Fine to Fine Grained, 10 �Loose — 2 (SM) SILTY SAND - Light Gray-Brown, Very Fine to Fine Grained, Loose (SM) SILTY SAND - Light Gray-Brown, Very Slight Silt, Very Fine to Fine Grained, nose ".1 (SM) SILTY SAND - Light Gray-Brown, Slightly Hard Drilling, Very Fine to Fine 15 21 Grained, Medium Dense 20- 22 25 L CYPRESS LAKES LATE P I K L E I N F E L D E R HOTCHKISS TRACT CONTRA COSTA COUNTY, CA. A-19 LOG OF BORING B-17 PROJECT' NO. 20-3179-01 4-204 01 FIELD LABORATORY � +. a► N x w DESCRIPTION w- t LN +► i �N. Q) � V a C GI 01 — t wL C l 0 0.d E a T C4- N C E L `� .}c N C w A_— L a, u 0 0 0 4 +- a a (Continued from previous plate) p cn co cc aE:u x U in •- o r a 15 END OF BORING 30- 35 0 35 J 1 45 - i 50 — CYPRESS LAKES PLATE K L E I N F E L D ,E R WOTCHKISS TRACT s or 2 CONTRA COSTA COUNTY, CA. , 10 1A-19 PROJECT NO. 20-3179-01 : LOG OF BORING B-17 4-205 r Surface Conditions: Wheat field. Date Completed: 4/I4/92 ' Logged By: JMY j Groundwater. Groundwater encountered at 2.3 foot Total Depth: 21.5 feet depth. FIELDI LABORATORY DESCRIPTION 4- t GJ N L 4. 71 L+- N r- IJ1 W L C a + Approximate Surface Elevation (ft): -2.9 b EO 71 C V. .- C E L 4. C U1 C CU L a, i o 0 04- a +- a O L USCS Classification (J) m CIO a�V X U lA r 0. F-O ' . . . (OL) ORGANIC SILTY CLAY - Dark Gray-Brown, Very Organic, Very Silty, Soft, 5 _ Moist ' 5 6 93 29 Copsol. (CL) ) SILTY CLAY - Gray-Brown, Soft,Mois _ r - 10 3 _ ' (SM) SILTY SAND - Light Brown, Slightly Silty, Very Fine to Fine Grained, Very Loose j 15 (SP) SAND - Light Brown, Very Fine to Fine 16 97 21 Direct Grained, Medium Dense Shear i i ' (SM) SILTY SAND - Light Brown, Slightly 20 28 Silty, Very Fine with Fine Grains, Medium Dense (SP) SAND - Light Brown, Very Fine to Fine Grained, Medium Dense END OF BORING 25 CYPRESS LAKES PLATE Ilk" KLEINFELD E R HOTCHKISS TRACT 1 of 1 ' - CONTRA COSTA COUNTY, CA. PROJECT NO. 20-3179-01 LOG OF BORING B-18 A-20 4-206 Surface Conditions: Pasture. Date Completed: 4/14/92_ Logged By: JMY Groundwater. Groundwater encountered at 2.8 foot ' Total Depth: 21.5 feet depth. FIELD LABORATORY DESCRIPTION ' } 07 a m 0 a s L Approximate Surface Elevation (ft): -2.2 0. E O 71 C 4- •— C E L 4- C in C W cn m ao a EvX v N } C � a USCS CIassiflcation (OL) ORGANIC SII.TY CLAY - Black, Slightly Organic, Soft, Moist 10 (C-) SANDY CLAY - Brown-Gray, Very Fine to Fine Grained, Medium Stiff 5 (SC) CLAYEY SAND - Brown-Gray, Very , 13 Fine to Fine Grained, Loose (SM) SILTY SAND - Brown-Gray, Very Fine to Fine Grained, Loose , l0 8 —� (SM) SILTY SAND - Light Gray-Brown, Very SIight Silt, Very Fine to Fine Grained, Loose 15 22 _ (SP) SAND - Light Brown, Very Slight Silt, Very Fine to Fine Grained, Medium Dense ' 20- 15 (CL) SILTY CLAY - Brown-Gray, Stiff , END OF BORING 25 CYPRESS LAKES PLATE K L E I N F E L D E R HOTCHKISS TRACT 1 of 1 CONTRA COSTA COUNTY, CA. LOG OF BORING B19 A-21 - PROJECT NO. 20-3179-01 ' 4-207 01 Surface Conditions: Pasture Date Completed: 41131,92 Logged By: -JMY Groundwater Groundwater encountered at 7 foot Total Depth: 25. feet depth. FIELD LABORATORY DESCRIPTION 4.. +. m ui C 4. 31 L 0 4- +_ IV 0 Z tA -*z- 4)C L C L 0 Approximate Surface Elevation (ft); -4.5 3 to 4. 0. Qj 0 4- 6 0 M CU.. .- C E L 4- Z 0 (F M - LWU 00 0 +- 1A 4.. 41 0) RSCS Classification 0 01 03 0 0 0. r-UX U LO 4- 0 Q. (OL) ORGANIC SELT - Dark Gray-Brown, I 1 1 (OL) ORGANIC Organic, Medium Stiff, Moist (OL) ORGANIC SILTY CLAY - Black, 9 Medium Stiff, Moist (ML) CLAYEY SANDY SILT - Gray, Very Fine to Fine Grained, Medium Grained, oist Fine (SM) Y ND -Very to Fine Grained, Loose, Moist MI., Slightly llr)t( Clayey, SILTY SAND - Black-Gray, gh 17 y Very Fine to Fine Grained, *�ose, Moi oose, Moist (CL) L) SANDY CLAY - Black-Gray, Very Sandy, Ver Sandy. Very Fine to Fine Grained, Medium tiff, Moist tiff, Moist 10 10 (CL) SANDyY CLAY - Black-Gray, Slightly (CL) Very Fine to Fine Grained, Medium tiff, Moist (SM) SILTY SAND - Black-Gray, Slightly Silty, ry Ve Fine to Fine Grained, Medium Dense (SM) SILTY SAND - Gray, Very Fine to Fine 15 18 Grained, Medium Dense .3 (SP) SAND - Gray, Very Fine to Fine Grained, Medium Dense 20 - Light Brown, Very Fine to Fine — (SP) SAND L1 2'6 Grained (SM) SILTY SAND - Light Brown, Very Fine to Fine Grained, Medium Dense o— (CL) SANDY CLAY - Light Brown-Gray, 25 CYPRESS LAKES PLATE KLEIN FELDeR HOTCHKISS TRACT I of 2 LCONTRA COSTA COUNTY, CA. A-22 LOG OF BORINIG B-20 �FROJECT NO. 20-3179-01 4-208 FIELD LABORATORY DESCRIPTION 3% L 4- V a 00 4A - 4- W L c CL 4- CL 41 M c4* 0 — 6 L c 0 0 aj (Continued from preYlous plate) CL I Medium Stiff to Stiff, Very Fine to Fine �Grained, Stiff END OF BORING i ' 30- 35 40- 45 so— A CYPRESS LAKES PLATE 2 of 2 KLEINFELU t; K HOTCHKISS TRACT CONTRA COSTA COUNTYv CA. A-22 PROJECT NO. 20-3179-01 LOG OF BORING B-20 4-209 Surface Conditions; Pagure, Date Completed:— 412/92 Logged By; jhdy Groundwater. Groundwater encountered a-t-2.1- foot Total Depth: 21.5 feet de FIELD LABORATORY._ DESCRIPTION -C4- 4- +- to 4-: L M g GjL Approximate Surface Elevation (ft): -5.8 0. 3 in W 4- (L E 0 31 C4- — C 6 L q- (V 4v — L 0 -)-- 0.4 4- W U)j go C 3 00 00 2 30 X +-CO USCS Classification (OL) ORGANIC CLAY - Black, Very Soft, 5W Moist 1 105 22 Direct y (PT) PEAT - Black, Very Soft for Shear 12* (O L ) O R G A N IC SILTY CL A Y - Black , V_ e r_y2 Soft for (CL) SANDY CLAY - Gray-Brown, Very2 98 22 Consol. Fine to Fine Grained, Softfor 8" (SC) SAND - Brown-Gray, Very Fine to Fine Grained, Loose (CL) SANDYCLAY - Dark-Gray, Very fine to Fine Grained, Medium Stiff (SC) CLAYEY SAND - Gray, Very Fine to Fine Grained, Medium Stiff 10 8 (SM) SILTY SAND - Gray. Very Fine Grained, Medium _T Stiff (SP) SAND - Light Gray, Very Fine to Fine Gained, Medium Stiff 15 20 (SM) SILTY SAND - Light Gray-Brown, Very Fine to Fine Grained, Medium Stiff (CL) CLAY - Orange-Gray-Black, Medium Stiff (CL) CLAY - Light Brown, Very Stiff 20— 34 (SP) SAND - Light Brown, Very Fine to Fine -\drained, Dense END OF BORING 25 CYPRESS LAKES PLATE KLEINFELDE; R HOTCHKISS TRACT I Of I CONTRA COSTA COUNTY, CA, LLOG OF BORING B-21 P:R:O]JECT Na. 20-3179-01 4-210 Surface Conditions: Pgstgre. Date Completed: 4/2/92 Logged By: I , Groundwater. Groundwater encountered at 1.4 foot Total Depth: 21. feet depth. FIELD LABORATORY DESCRIPTION ' 4- 71 L 4- N N t d a ) a C L+ Approximate Surface Elevation (ft): -7.0 d E 0 MC`* — [ R LM- W ro — LWU 00 0 ,- N •- d USCS Classification O (A m 00 Q. E U\ U (A +- to 1- Q. (OL) ORGANIC SII T - Black, Very Organic, , 4 l Soft, Moist (SIA) SILTY SAND - Light Gray-Brown, ' 1. Very Fine to Fine Gained, Soft 5 9 Triaxial ' Comp. (SM) SILTY SAND - Gray, Very Slight Silt, Very Fine to Fine Grained, Medium Dense 10 12 113 15 Direct 3.0* Shear , (SP) SAND - Gray, Very Fine to Fine Grained, Dense , 15 30 111 18 DiFect .0* Shbar , (SP) SAND - Light Brown, Very Fine to Fine ' Grained, Dense 20 Stiff 42 •$t (CL) CLAY - Light Brown, Very ' (SP) SAND - Light Brown, Very Fine to Fine Grained, Dense END OF BORING , # Torvane 1 25 , � CYPRESS LAKES PLATE 1 of i KLEINFELQER HOTCHKISS TRACT CONTRA COSTA COUNTY, CA. A-24 ' PROJECT NO. 20-3179-01 i LOG OF BORING B-22 4-211 Surface Conditions: PgZZIre. i Date Completed: 4/1/92 i ' Logged By: JMY Groundwater. Groundwater encountered at 6 foot i Total Depth: 21.5 feet death. i FIELD LABORATORY } DESCRIPTION v- T (--4- m 4-z C n d 3 N N 9) C0- CL as aLi A Appro-druate Surface Elevation (ft): -4.0 0.p. E O M C'+ �- C E L 4- z N [ a m LWO 00 0 +- � +- a USCS Classification G m cc EUX U N p N- 0. 1 Im (PT) SILTY PEAT - Black, Soft, Moist 10 1 ' S (SNI) SII.TY SAND - Brown-Gray. Slightly 9 102 20 Direct Silty, Very Fine to Fine Grained, Loose _ Shur •� I 1 ' i ' 10 —i 7 I (SM) SILTY SAND - Gray, Very Fine Grained, Loose 20 15 (SP) SAND - Gray, Yery Fine to Fine Grained, Medium Dense 1 I 20 34 END OF BORING 25 CYPRESS LAKES PLATE KLEINFELDER HOTCHKISS TRACT loft CONTRA COSTA COUNTY, CA. A-25 PROJECT NO. 20-3179-01 LOG OF BORING B-23 ' 4-212 Surface Conditions: 10 feet high than B-25 Date Completed: 4/1/92 Logged By: ]MY - Groundwater. Groundwater encountered at 15 foot , Total Depth: -26. feet depth. FIELD LABORATORY DESCRIMON ' 4- + 41 N L `►' 4- T L+- N + N ". 0 aC, Qj m L ,� Approximate Surface Elevation (ft): 3.2 3 a W+_ a GCI W + CL E O TC4- - C 6 L L N C W to L a� u o 0 0 .- w a �+ USCS Classification o (n m o o a U. L) cn o a (SM) SILTY SAND - Light Brown, Very I 17 Slight Silt, Very Fine to Fine Grained, edium Dense, Moist (SP) SAND - Light Brown, Very Fine to Fine Grained, Medium Dense, Moist ' (SP) SAND - Light Gray-Brown, Very Fine 5 18 to Fine Grained, Medium Dense, Moist , i (SP) SAND - Light Brown-Tan, Very Fine to ' 10 16 Fine Grained, Medium Dense, Moist I , (SP) SAND - Light Gray, Very Fine to Fine ! ' Grained, Medium Dense, Moist 15 10 (SM) SILTY SAND - Gray, Slightly Silty, , r Very Fine to Fine Grained, Medium Dense i 20 14 ' 25 CYPRESS LAKES PLATE KLEIN FELDER HOTCHKISS TRACT 1 of 2 CONTRA COSTA COUNTY, CA. A-26 PROJECT NO. 20-3179-01 LOG OF BORING B-24 4-213 ' S. • FIELD LABORATORY DESCRIPTION T L f- N t } z C a W M CL F O MC%- N C F- L w s w C a cn cc Q o ,- a a ar (Continued from precious plate) END OF BORING 30 - I 1 I 35 I. ' 40 1 45 ' SO i CYPRESS LAKES PLATE K L E I N F E L D E R HOTCHKISS TRACT 2 of 2 ' CONTRA COSTA COUNTY, CA. A-26 PROJECT NO. 20-3179-01 LOG OF BORING B-24 4-214 oe Surface Conditions: Pasture- Date Completed: 4/j/92 Logged By: 7MY Groundwater. Groundwater encountered at 3.9 foot Total Depth: 25.5 feet depth. FIELD LABORATORY ' + DESCRIPTION ?1 L♦- in 4- N i } � N �+ L v WApproximate Surface Elevation (ft): -7.7 CL 6 0 D,C4 — C E L 4- rea — N C 0 cn ao 00 0.0. Z U x U W + o � a USCS Classification ! 4 ; (OL) CLAYEY ORGANIC SILT - Dark Gray, ! , ..,,-\Very Organic, Soft, Moist PEAT - Dark Gray, Soft i 8 5 '(SM) SILTY SAND - Light Brown-Gray, SIightly Silty, Very Fine to Fine Grained, 1 Loose (SM) SII.T'Y SAND - Black-Gray, Very Fine I to Fine Grained, Loose ' 10 9 (SC) CLAYEY SAND - Black-Gray, Very Fine to Fine Grained, Loose (SP) SAND - Black-Gray, Very Fine to Fine , Grained, Loose (SP) SAND - Light Gray, Very Fine to Fine Grained, Medium Dense 15 23 (SM) SIZT'Y SAND - Light Gray-Black, Very 1 Silty, Hard, Very Fine Grained, Medium Dense ' 20 53 (SP) SAND -. Light Gray-Black, Very Fine to Fine Grained, Dense , 37 ' 25 CYPRESS LAKES PLATE , k" K LEIN F E L D E' R HOTCHKISS TRACT 1 of 2 CONTRA COSTA COUNTY, CA. _ , PROJECT NO. 20-3I79-01 LOG OF BORING B-25 A 27 4-215 ' i t, FIELD LABORATORY '- DESCRIPTION t 3 w a+� M ri w + CL e0 ZIc 4- -- c 6 t_ 4- .c a c m m L QJ u 0 0 0 +- to *- a a (Continued from previous plate) O to m CO3(03 Z;U z U W O i- 4 END OF BORING i I 1 30- 35 40 i 45 S0 CYPRESS LAKES PLATE K L E I N F E L D E� R HOTCHKISS TRACT 2 of 2 CONTRA COSTA COUNTY, CA. PROJECT NO. 20-3179-01 LOG OF BORING B-25 A-27 4-215 y 1 Surface Condition • ClIt wheat Date Completed: 5/20/92 Logged By: jNry Groundwater. Groundwater encountered at 6,5 foot Total Depth: 26.5 feet death. -- j FIELD LABORATORY DESCRIPTION �. } 3 a a W L C nLr '' Approximate Surface Elevation (ft): -5.9 j 1 d E O T C-4- �- C E L S L N C c+ m -- L a, 0 0 0 } a a USCS Classification o cn m 00 =U X U W 4- o F- n. { III i 8 109 14 (OL) ORGANIC SILT - Gray-Brown, Moist (SM) SILTY SAND - Yellow-Gray-Brown, Very Fine to Fine Grained, Loose, Moist 1 (SM) SILTY SAND - Light Brown-Gray, ' S 7 Very Fine to Fine Grained, Loose, Very Moist I i (SM) SILTY SAND - Light Brown, Very Slight Sand, Very Fine to Fine Grained, Medium Dense 10 13 (SP/SM) SAND - Light Gray, Very Slight Sand, Very Fine to Fine Grained, Medium 1 Dense 15 21 -200 =11% 1 ' (SP/SM) SAND - Light Brown VeryFine to. Fine Grained, Dense ' 20 31 -200 = 7% i i 25 -CYPRESS LAKES PLATE k" KLEIN FELDER HOTCHKISS TRACT Iof2 ' 0 CONTRA COSTA COUNTY, CA. A-29 PROJECT NO. 20-3179-01 LOG OF BORING B-27 4-218 FIELD LABORATORY v. 4- L a + DESCRIPTION d 4- c or m +- CL 3 N N� (LFA, C C N OaJ to [�. 6Ci (? O 94- O O If1 0! 0�1 o cn m np s=U V U M +- o (Continued from precious plate) 32 I. 1 1 ' 1 END OF BORING � 30 1 1 35 _ 1 . 1 40 1 i 45 . 1 1 50 1 1 - 1 CYPRESS LAKES PLATE K L E I N F E L D E R HOTCHKISS TRACT 2of2 CONTRA COSTA COUNTY, CA. 1 A-29 PROJECT NO. 20-3179-01 LOG OF BORING BB-27 4-219 1 Surface Conditions: Cut wheat field. ' bate Completed: /2n/9 ' Logged By: JMY - Groundwater. Groundwater encountered at IO foot Total Depth: 21.5 feet depth. i ' FIELD LABORATORY DESCRIPTION v}. T a d L c L N Approximate Surface Elevation (ft): -6.6 a e 7+C+* `0C e � v. C w 1 I IV ro 0 L v u o 0 0 4- 0 a a USCS Classification C3 rn co ca o s u x Lz m « o }- d I ti 70 28 (OL/ML) ORGANIC SANDY SILT - Gray-Brown, Slightly Organic, Slight Sand, Very Fine Grained, Moist sic (ML) CLAYEY SANDY SILT - Dark Gray, 3 58 69 t 1171, 1 Very Fine Grained, Moist i i (ML) SANDY ORGANIC SILT - Dark Gray, 77 Very Fine Grained, Moist ' 5 PT) SILTY PEAT - Black-Gray, Very Moist (OL) ORGANIC SILT - Dark Gray, Very 7 11�/ rganic, Soft (CL) CLAYEY SILT - Light Brown-Gray, lightly Clayey, Very Moist CL) SILTY CLAY - Gray, Medium jr CL) CLAY - Black-Gray 10 = (CL) SANDY CLAY - Black-Gray, V 9 -200 -11% with Fine Grains (CL) SANDY CLAY - Black-Gray, V ' andy, Very Fine to Fine Grained (SM) CLAYEY SILTY SAND - Black Yery Fine to Fine Grained SF/Sly SILTY SAND - Gray, Slight ery Fine to Fine Grained, Loose 15 23 (SP/SM} SILTY SAND - Gray, Yery ilt, Very Fine to Fine Grained (SP/SM) SILTY SAND Gray, Very Fine Grained, Medium Dense ' _j (SP/SM) SILTY SAND - Light Brown-Gray, Very Slight Silt, Very Fine to Fine Grained (SP/SM) SILTY SAND - Light Brown, Very Slight Silt, Very Fine to Fine Grained, ' 202$ -200 -11% Medium Dense END OF BORING 25 CYPRESS LAKES PLATE K L E 1 N F E L D E R HOTCHKISS TRACT ; °f I CONTRA COSTA COUNTY, CA. A-30 PROJECT NO. 20-3179-01 LOG OF BORING B-28 i 4-220 Response to Letter U: Gagen, McCoy, McMahon & Armstrong, February, 16, 1993 Response U-1: Comment noted. The last sentence on page 1-8 (continuing on the top of page 1-9) is revised to read: "The second channel would be approximately 11 acres in size." Response U-2: Comment noted. No response is necessary. 4-221 Letter V February 1 , 1993 VIA FACSIMILE AND HAND DELIVERED Mr. Earl Wetzel Chairman East County Planning commission c/o Art Beresford Planner Contra Costa County Community Development 651 Pine Street Martinez, CA 94543 Re: Cypress Lakes and Country Club Project Revised Draft Environmental Impact Report, December 1992 Dear Art: This letter is to provide the comments of the Emerson Dairy and the Burroughs family on the Revised Draft Environmental Impact Report dated December 1992 (the "Revised DEIR11) for the Cypress Lakes and Country club Project (the "Project") . The Emerson Dairy and the Burroughs family own two of the three properties included in the Cypress Corridor area near the Project site. The Cypress Corridor area is the Oakley Community Center Mixed Use (M8) District in the Contra Costa County General Plan adopted by the Board of Supervisors in January 1991 (the "County General Plan") . 1. We would appreciate clarification that the Cypress Corridor land use assumptions (Mixed Use) were incorporated into the traffic forecast data base used for the cumulative traffic analysis in the County General Plan. [See attached County General Plan EIR Response to Comments, to Letter D-14 from Robert Lamb Hart dated August 16 , 1990 , v.1 confirming inclusion of information for Traffic Zones 488 , 491 , and 492 within the Cypress Corridor. ] Contrariwise, the Revised DEIR states that it utilized traffic forecast information from the General Plan traffic model (the "County Traffic Model") which "does not 4-222 Mr. Earl Wetzel February 1 , 1993 Page Two include full build-out of the Cypress Corridor project" (See attached, page 3-50 , Revised DEIR . According to the Revised DEIR, the reason for this ' lack of traffic analysis for Cypress Corridor is related to V-1 the adjustments made to the General Plan land use data to reconcile Association of Bay Area Governments regional development assumptions with the County's list of reasonably foreseeable projects. It is not clear from the text of the Revised DEIR that these adjustments were made by the Revised DEIR, if that is the case, and were not made in the County Traffic Model. 2. We are concerned with the adequacy of mitigation measures for the Project traffic impacts listed in the Revised DEIR. This Project should pay its proportionate share of the mitigation measures listed in Parts B and C of Table 3 . 2-6. (See Revised DEIR pages 3-54 and 3-55 ) . An V-2 adequate mitigation monitoring program and financing plan should be adopted to assure this. Mitigation Measure 3 . 2-5 fails to assess this Project's contribution to area and regional traffic and then ' measure the proposed mitigation measures against that impact to assess their sufficiency. We would appreciate your attention .to the above matter. Please do not hesitate to contact either of the undersigned if we can be of any assistance. ' Very truly yours, David A. Gold Robert L. Henn, Morrison & Foerster Henn, Etzel , Mellon & Weiss ( 510 ) 295-3310 ( 415) 392-4600 KB:abm Enclosures cc: Robert Burroughs ' Stan Emerson Mark Gilbert Karen Bowers W63325 (15277/1] 4-223 t 4 l l,-l;,,,, R40k +r 44"6 X71/7 D14.24 p" dation Data for C"fm Corridor • s . chamcmdak haw TOW- N* OW-No of now"mdfr SAM 100 4,800 VM 6% No et 3AM �oElil/HpQMUOid 2.33 1.10 7.f0 Toll °'4 a,720 1,610 10.2td No of Omplvyed Rmidwm 300 710 3.710 'Implaymew Data tot Cypress Corridor Type of>tmpie mmu f1pwym 9ee.r�s 1AW O"m ao Tod! zO Data S"vided By T:affic Una zone 40 ze"M Zen Nt TOW No d Iiosud+olds _ 285 190 m Lh� ToW . LAW 030 no UO 11 ISM LM LM 'm ='iso no 230 160 SAO 1 z9w _ 490 __90 3m 1VomberdJobs �p 100 200 i30 ' ze8111 1m(Mae !In f00 ii00 . ��• dp ZO • 00 � Tad 30 r r 4-224 r RESPONSES TO COMMENTS LETTER D14 , RESPONSE D14-1 Comments regarding the Cypress Corridor Study are incorporated into the Comments and Responses document. RESPONSE D14-2 Please refer to Response to Comment D14-1. RESPONSE D14-3 Please refer to Response to Comment D14-1. RESPONSE D14-4 All comments and responses become a part of the EIR issued by the County. Please refer to Response to Comment D5-5. RESPONSE D14-5 Graphics that are revised will be presented with the Draft General Plan and will be included as a part of the EIR. ' RESPONSE D14-6 Please refer to Response to Comment D14-1. RESPONSE D14-7 No response required 'These comments are noted as background information that was used to prepare Responses to Comments D14-39 through D14-48. The requested revisions to the General Plan map will be made. RESPONSE D14-8 Please refer to Response to Comment D14-7. RESPONSE D14-9 See Response to Comment D14-7. RESPONSE D14-10 This comment was received on the previous Proposed General Plan, released in 1989. The requested change has been incorporated into the current Draft General Plan and appears on page 3-23. RESPONSE D14-11 This comment was received on the previous Proposed General Plan, released in 1989. The requested change has been incorporated into the current Draft General Plan and appears on page 3-34. RESPONSE D14-12 No response required These comments are noted as background information that was used to prepare Responses to Comments D14-39 through D14-4& RESPONSE D14-13 (TEXT] Administrative Drax Subject To Revision 4-225 Responses to Comments Letter D14 RESPONSE D14-14 Figure 4.5-8 of the EIR of September 1990 (Figure 7.6 in the DGP of October 1990) shows a future fire station symbol north of Cypress Road in the vicinity of its intersection with Knightsen Avenue as shown on the commentor's map. RESPONSE D14-15 Figure 9-4 in the Draft Contra Costa County General Plan (October 1990)shows the five proposed neighborhood parks and one proposed community park as shown on the commentor's ' attached map. RESPONSE D14-16 Page 291, Figure VIII-2, the Important Agricultural Areas designation will be eliminated for the Emerson, Mbert and Burroughs properties, if appropriate after discussion with the County stafL iRESPONSE D14-17 Please refer to Response to Comment D14-7. RESPONSE D14-18 See Response to Comment D14-7. RESPONSE D14-19 See Response to Comment D14 7. ' RESPONSE D14-20 See Response to Comment D14-7. RESPONSE D14-21 No response required Responses to Comments D14-21 through D14-38 are noted as background information that was used to prepare Responses to Comments D14-39 through D1448. RESPONSE D14-22 No response required. Responses to Comments D14-21 through D14-38 are noted as background information that was used to prepare Responses to Comments D14-39 through D14-4& RESPONSE D14-23 No response required 7bese comments are noted as background information that was used to prepare Responses to Comments D14-39 through D14-48. l J 1 RESPONSE D14-24 No response required Responses to Comments D14-21 through L mac,D14-38 are noted as background information that was used to prepare Responses to Comments D14-39 through D14-4& 1 RESPONSE D14-25 No response required Responses to Comments D14-21 through D14-38 are noted as background information that was used to prepare Responses to Comments D14-39 through D144& RESPONSE D14-26 No response required Responses to Comments D14-21 through D14-38 are noted as background information that was used to prepare Responses to Comments D14-39 through D14.48. RESPONSE D14-27 No response required. 'Ibese comments are noted as Administrative Draft Subject To Revision 4-226 Responses to Comments Letter D14 background information that was used to prepare Responses to Comments D14-39 through D14-48. RESPONSE D14-28 Please refer to Response to Comment D14-11. RESPONSE D14-29 All proposed changes that are based on comments on the Draft EIR become a part of the EIR issued by the County. RESPONSE D14-30 No response required 'These comments are noted as background information that was used to prepare Responses to Comments D14-39 through D14-48. RESPONSE D14-31 Please refer to Response to Comment D14-11. RESPONSE D14-32 No response required. These comments are noted as , background information that was used to prepare Responses to Comments D14-39 through D14-48. RESPONSE D14-33 No response required These comments are noted as background information that was used to prepare Responses to Comments D14-39 through D14-48. RESPONSE D14-34 No response required These comments are noted as background information that was used to prepare Responses to Comments D14-39 through D144& RESPONSE D14-35 Please refer to Response to Comment D14-14. RESPONSE D14-36 Please refer to Response to Comment D14-15. RESPONSE D14-37 No response required These comments are noted as. background information that was used to prepare Responses to Comments D14-39 through D14-48. RESPONSE D14-38 No response required. Responses to Comments D14-21 through D14-38 are noted as background information that was used to prepare Responses to Comments D14-39 through D14-48. RESPONSE D14-39 Page 3-7, Figure 3-3, is changed to include the three C)►press Corridor properties. RESPONSE D14-40 Page 3-34, the following paragraph is added after the third paragraph: Mrs �rLd:sai>: lc�ela�dturs' RESPONSE D14-41 The County land use map now shows that property M13 has Administrative Drab Subject To Revision 4-227 Responses to Comments Letter D14 been dropped, and that property M9 has been added as the Burroughs property. The M8 designation for Cypress Corridor accurately depicts the area as submitted by the commentor. The reference to Footnote 6 on page 4.2-22, change to FC tnote 5. RESPONSE D14-42 This information was incorporated into the Population, Employment and Housing Section of the EIR, page 43-22,Table 4.3-10. RESPONSE D1443 This information was incorporated into the Population, Employment and Housing Section of the EIR, page 4.3 Table 4.3-11. RESPONSE D14-44 This information was incorporated into the land use and circulation analysis of the EM RESPONSE D14-45 Figure 45-2 of the EIR is revised and is shown on the following page. RESPONSE D14-46 Please refer to Response to Comment D14-14. RESPONSE D14-47 Please refer to Response to Comment D14-15. RESPONSE D14-48 Please refer to Responses to Comments D14-43 through D1447. l 1 Administrative Draft Subject To Revision 4-228 bcc. ,ber r 4f1 Cumulative TraMc Forecasts (Year 2010) This scenario is assumed to approximate the land use and development conditions that will exist in the Year 2010. For this scenario, General Plan Amendment projects have been added to the travel model database. The traffic forecast data base is consistent with the cumulative traffic analysis included in the Contra Costa County General Plan. Them ate several new roadway projects that are included in the General Plan network. The proposed Delta Expressway would be completed, with interchanges at Laurel Road and Lone Tree Way. SR 4 would be widened and improved between Bailey Road and Highway 160. The Laurel Road extension would be completed to Cypress Road Bethel Island Road would be extended to cormect to Byron Highway. O'Hara Avenue would be extended south to Brentwood. Although the Delta Expressway is in the General Plan, construction would not be completed until Year 2005, and then only if adequate funding becomes available. Similarly, the SR 4 widening project between Bailey Road and Highway 160 would be a critical component of furore cumulative improvements. Projected traffic forecasts will exceed the capacity of the existing four-lane freeway by the Year 2004. This section of road will be significantly impacted by cumulative traffic. The resulting ADT and tate estimated PM peak hour LOS that is forecast to occur under cumulative conditions is shown on Figure 3.2-11. With this level of development, traffic problems can generally be mitigated to an acceptable Level of Service by the improvements discussed above and listed in the General Plan. this EIR has utilized traffic fortxast information from the Contra Costa County General Plan EIR. The cumulacive Iand use assumptions in this EIR art:a hybrid of the ABAG regional land use model, and the at of proposed projects that has been developed by Contra Costa iCounty based on build-out of the General Plan. The Wfic foreca=in the Gencml Plan t not {include traffic projections for the full build-out of the Cypress Corridor. The cumulative traffic fbrewts have been based on the Year 2010 land use sc enano. The 2010 land use data is based on General Plan build-out that has been adjusted to be consistent with ABAG regional forecasts. To make the adjustment between ABAG regional development assumptions and the County's list of reasonably forseable projects involved making the total land use conditions consistent with one another. Cermin land use assumptions were reduced. while others have been deferred to occur beyond the year 2010 time period. The C Ovral Plan traffic model, therefore, does not include full build-out of the Cypress Corridor project. Since no specific Cypress Corridor project has been defined at this time, and the expected changes to the roadway networic due to the Cypress Corridor have not been defined, the project at full build-out cannot be accurately modeled However, the Cypress Corridor project will need additional roadway links into Oakley and could result in significant traffic congestion impacts if the only access were to be onto Cypress Road 4-229 1�5' NOT3J 13213 NN3H CO:TS ES, 90 wur g d a V d G t1N y � a W u t!1 Ste` ''' •, a fa�►`�atN ucsJ•9 ow 0 d A � u a1.V csatlK sa � �yb ti� d U ,� � � ,' fir► F , a , ts�KA r �p0.4Z rri+ Iz WOW � r (IQJY� k I l t r y �o 0 ` Q a ; .r .230 Response to Letter V: David Gold and Robert Henn, February 1, 1993 Response V-1: The traffic model that was provided by the County at the time of preparation of the DEIR was entitled as "General Plan Build-out for the year 2010." Although the General Plan does include the Cypress Corridor project, it was not included in the traffic model. The reason for this is that the totals for the land use proposals in East County were significantly beyond what was projected by ABAG for the maximum growth that could occur by the year 2010. The County staff developing the model made decisions as to which parcels would likely be developed by 2010, in order to reconcile the differences between the two sets of land use assumptions. Many developments were assumed to be of smaller size, or to occur after 2010. , Response V-2: The protect applicant will pay their proportionate share of the projects listed in Table 3.2- 6; Part B. All of these projects and the costs would be shared proportionately by all development in the Bethel Island Area. For the projects that are described in Table 3.2-6,; Part C, there are a number of sources of funding that have been identified. These include the Oakley-North Brentwood Area Plan, and ' the County area of benefit (AOB) financing plan for the East Contra Costa County Bethel Island Area. With regard to regional traffic impact fees that could be used for projects such as the Delta Expressway, additional Highway 4 improvements, and other regional projects, there is no procedure in place at the present time. If a regional traffic fee for East Contra Costa County is approved and implemented, the Cypress Lakes Project could be required to participate in this program. Mitigation Measure 3.2-16, Page 3-63, addresses the project's fair share toward area and subregional roadway improvements such as impacts to State Route 4. 4-231 Letter W 15 January 1993 93-CC-7E re: Revised EIR for Cypress Lakes and Country Club Dear Mr. Beresford: Our office has no additional comment on the above report. W-1 However, thank you for your continued interest in protecting cultural resources. IS�cer Ly �eig Jor n6 Assistan Coordinator ':: �•::TS'(��:.•ti=..:�::::.::•.:.::.-.:::....r:•:::. _. ... :�ti1=r:•::=j- .'ti'•fii::;v�;..�.�ti:.v::.-.iii:::-::. .::��.•.�.ti•:�.:.•.-�:�:f:�•.•ti7G:G.:;..j�v.�::f;��;.'CDC:t•C\�;.r... .::�\.1:�: .. .. . 1 4-232 Response to Letter W: Leigh Jordan, January15 1993 Response W-1: Comment noted. No response necessary. r .i t 4-233 MKLH ENGINEERING GROUP & Murphy, Inc. J• j' A' bsidlar o KLH Engineering Group, Inc. ' ,` ►TCFPT Letter X February 5, 1993 Mr. Art Beresford Contra Costa County Community Development Department 651 Pine Street Martinez, California 94553 RE: Draft EIR for Cypress Lakes and Country Club Project Dear Mr. Beresford: KLH-Bryan&.Murphy Associates represents Mr. Dean Lesher on the property west of the Cypress Lakes project. We have an application on file with your department for Mr. Lesher's property(subdivision 7588). A revised application was submitted on 2/5/93 for 571 units on approximately 361 acres of the southerly land. I appreciate the opportunity to review the Draft EIR for the Cypress Lakes project and request that the Final EIR clarify the following matter relating to water service: • The project proposes 2-12" water lines to the project which 'would have sufficient capacity to serve the proposed project as well as some limited additional development in the Bethel Island Area." (P. 3-198). .However, the Oakley Water X-1 District Regulation No. 7 discusses the design, size, type and location of all facilities ". . . taking into consideration such factors as anticipated future land uses and water requirements of the entire area . . . (Section 3.a)" There seems to be an inconsistency here which should be addressed. X-2 I • What is the Oakley Water Districts position on the proposed duel pipe system? • The Oakley Water District Master Water Plan and the preliminary design used for X-3 the Bethel Island Specific Plan concluded that a storage tank was required to serve this area. The project proposes that a storage tank can be eliminated due to the use 1 CMH62011.008 2527 Camino Ramon, Suite 160, San Ramon, California 94583 (510)867-3380 FAX(510)867-3388 4-234 of the dual pipe system (P. 3-198). Please clarify this. What is the Oakley Water X-3 Districts position on this? Sincerely, Michael J. Helmes President MJH:kc cc: Jerry Alves i 1 t 1 2 1 CMHE2011.008 4-235 Response to Letter X: KLH - Bryan & Murphy, Inc., February 5, 1993 Response X-1: Mitigation Measure 3.10-8, page 3-200 of the DEIR suggests that the size and design of the off-site water system meet all standards and requirements of the Oakley Water District. As indicated on page 3-198 of the DEIR, the Oakley Water District Master Plan calls for an 18" line to be extended along Cypress Road to serve the Bethel Island Area. Response X-2: See Response X-1. Response X-3: See Response X-1. If the off-site water system is constructed as proposed (two 12" lines) no water storage tank would be required. However, the Oakley Water District may require the off-site facilities to be constructed in accordance with their Master Plan which would require a storage tank to serve the area. The design of the off-site water improvements would be reviewed and approved by the Oakley Water District prior to their construction. 4-236 February 16, 1993 �'' UN TY 93 FEB 16 PH 4: 10 Letter Y �� ■ c i ADEPT. Community Development Dept. 651 Pine Street, 4th Floor N. Wing Martinez, CA 94553 Attention: Mr. Arthur Berefond THE SILENT SPRING* FOR SANDMOUND Others are interrupting our environmental existence. Donating our time and efforts since September 1, 1992 to review and comment in person and writing on the Mother Goose Fairy Tales presented to us, the people, as an EIR Report. EIR meaning Environmentally Ignorant Report. We use to believe that it is only when you have committed a serious crime that the County Officials can impede and alter your life style. This is simply not true. Please tell me, haven't we paid our taxes? Or maybe we haven't paid the right taxes. For five (5) individuals to be able to dictate to people who have lived in this area all their lives. is beyond me. What about a jury trial, 12 people that are un-bias not friends with the influential few. Are the hundreds that dwell on Sandmound Blvd. guilty of some crime where five appointed judges dictate their future living conditions and how their sentence of death is to be implemented? Air Quality alone, has already proven to be a hazard now, deadly in a few years given us 2,300 more vehicles, 1300 bar-be-ques, gas lawnmowers, and fireplaces. Even convicted killers are subjected to a humane death. ' We, the people, will be subject to a deliberate prolonged agonizing, decaying death, as sentenced by the supposed "servants of the county" . * The Silent Spring written by Racheal Caron 1962 regarding deteriorating existence.- 4-237 Then you wonder why the officials have to hire more police to Y Y control these prisoners held on Sandmound Blvd. You'd wonder why this is. Could it be the polluted air from cars, dust, etc. eating at our lungs making simple things such as breathing and thinking difficult, or their drinking water so contaminated, it's unfit for fish? Are we dilirious or has the dust from Cypress Lakes Project finally deteriorated us? We, the people, are weak now, unable to fight and too ill to work and pay our taxes. We are now criminals. ' You know the rest or the story. It happens anytime the people ask the judges not to impose impossible, inhuman conditions on the now existing Sandmound Souls. i Respectfully submitted, 1 011A-k4,� � - Barbara LaFargue 4900 Sandmound Blvd. Oakley, CA 94561 BL:ld 1 4-238 e Response to Letter Y: Barbara La Fargue, February 16, 1993 Comments noted. The comments in this letter reflect the opinion of the commentor and n does not comment on the adequacy of the DEIR. No response necessary. p a 0 a �u e 4-239 ' Letter Z17 p 6t-o 7 g3FE8 ly 1 1 Z-, Z-2 WA Z-3 -- - — --- - -- 'Z-4 I Z-5 Z�Aleoo� r 4-240 �¢,zP �-�.�- ,C,z�. .�dG�.f C�C4C% 1 „2�,_ ,ao,, � s4 e s �� .�. � <�,.0 _ ,ems- .�_y� �� 1 an,� mat —_ � = ,off /�� �,ut�� �° - A�-��-��� � _7 '�.a1..�a ,aurl.�e ,�-� 799 �.*� _� 1 la -A 4 &04- 1 � 7 . ao [Pct; die -- --- . .. Aei /46 ' ,-z.z Z-19 (v/ a -a3 ��_ ��, E, ice- -2 . Z-20 _ i ell Z-21 ,ol Z-22 Z-23 ze, ol- 4-243 1 j• CO,/ to (J aeeu- _fie.. le Z33 alu- 4-245 =r /711 49 zt i ' 4-296 1 52 0-53 t54 � -55 aloal 4-298 YL Z.58�/3y44 d 0 Z-59 10 ........... 14 tgl�t- 4-249 �-.� 1-63 1.64 �/-vf-lz 1.66 67 69 4-250 r p Z-760'// �jSijk,�Gd,J�L�¢E.CJ Icsv�ost _L�tivG6c6'I�. �Ldfi U 9-251 1 o .s eke. OL 79 80 77 - 81 �Q 0.00 7l oe 82 Ole 83 4-252 Response to Letter Z: Diane Ma bee received February 17 1993 Response Z-1: ' The secondary access via Sandmound Boulevard was recommended by the Public Works Department in initial meetings and was included in the applicants' development plans. This access provides improved safety and an additional route into and out of the project site for project residents. It would also provide an additional emergency access in the event the primary entrance/exit at Cypress Road/Bethel Island Road is blocked. Response Z-2: ' Comment noted. This comment relates to the legality of the Protection Fee and how much it should be. These issues are unrelated to the DEIR and are a policy issue for Contra ' Costa County. Response Z-3: , Comment noted. The page reference in the comment does not appear to be correct. The Agricultural Protection Fee is referenced on page 2-4. The Protection Fee is identified in the ' County General Plan and is currently being drafted by County Staff. The amount of the fee is not known at this time. Response Z-4: ' Comments noted. Caltrans warrants for traffic signals clearly show that traffic signals can ' be significant traffic and safety problems if they are installed before they are justified. The signals should be installed only when traffic volumes rise to the level where they will be safely used and effective in controlling traffic. The County will monitor future traffic conditions to , determine when they are needed. Response Z-5: Comments noted. The comment represents the opinion of the commentor regarding how regional fees should be allocated. This issue is a policy issue for Contra Costa County. Response Z-6: Comments noted. Mitigation measure 3.2-9 specifically addresses the need for the , proposed project to provide right-of-way for the extension of Bethel Island Road to the south. 4-253 1 Response Z-7: Comments noted. The comments reflect the opinion of the commentor and relate to County policy regarding the timing of regional roadway improvements in East Contra Costa County. Response Z-8: Comments noted. The comments reflect the opinion of the commentor regarding how traffic mitigation fees should be spent. This is a policy issue for the East County Planning Commission and the Board of Supervisors. Response Z-9: The DEIR does not identify a specific entity for maintenance of on-site drainage at this time. However, RD-799 would be the most likely agency to take over the maintenance of on-site drainage facilities. If drainage facilities are to be maintained by RD-799 the drainage facilities should be constructed to RD-799 standards. Response Z-10: See Response Z-3. Response Z-11: Mitigation measure 3.7-12 specifically states that the "project site shall continue to be a part of RD-799 and shall be prohibited from seceding from this district." It is also intended that RD-799 take over the long-term maintenance of the project levees once constructed. See Appendix C. Response Z-12: Compliance with the mitigation measure reference would generally occur by requiring project applicant to install construction routing signage directing all construction traffic via Cypress Road only. The method of compliance should be specified in the conditions of approval for the project. Response Z-13: See Response Z-9. 4-254 Response Z-14: Comments noted. As identified in mitigation measure 3.7-5 the project levees shall be constructed in accordance with the standards and requirements of FEMA. Response Z-15: Comments noted. A number of soil compaction techniques were analyzed in the DEIR, including overexcavation and compaction. The type of soil compaction technique should be specified as a condition of approval of the project. Response Z-16: Comments noted. See Response Z-11. Response Z-17: See Response Z-15. Response Z-18: Comment noted. If RD-799 will be responsible for maintenance of the project levees, the design of the levees and construction methods should be reviewed and approved by RD-799. Also see Appendix C. Response Z-19: Mitigation Measure 3.8-7 identifies that watering of exposed or disturbed soil surfaces be conducted at least twice daily, including weekends and holidays. It does not limit the amount of watering that would be required. Response Z-20: Comments noted. The project includes a ground monitoring program which is intended to identify any ground settlement to avoid damage to off-site property and structures. The monitoring plan would identify ground settlement before any damage to off-site property occurred, so that contingency measures or alternative construction methods could be implemented to avoid damage to off-site properties and structures. For these reasons a performance bond would not be necessary. Response Z-21: Mitigation Measure 3.9-1 identifies that,if necessary, a special district fee be required to provide funding to fully staff the new station. The project applicant is proposing to petition 4-255 LAFCo for annexation of the site into the Bethel Island Fire Protection District (see page 3-169 of the DEIR). Response Z-22: The fees for sheriff protection would be determined by the County at the time of issuance of building permits for the project (see Mitigation Measure 3.9-4, page 3-173 and 3-174 of the DEIR). Response Z-23: Mitigation Measures 3.9-7 and 3.9-8, page 3-179 of the DEIR, specifically address the proposed school site and what should happen if the site is not acceptable to the OUESD. The Liberty Union High School District would receive school impact fees as established by state law. (See Mitigation Measure 3.9-5, page 3-179 of the DEIR). Also see Responses 1-1 and EE-33. Response Z-24: The special district would be made up of project residents to pay for maintenance of the proposed parks if Contra Costa County does not accept dedication of the parks. Response Z-25: FEMA would be consulted regarding the project levees and would be responsible for certifying the levees and removing the project site from the 100-year flood hazard zone before any proposed development could occur on the project site. Response Z-26: Mitigation Measure 3.11-1, page 3-221 of the DEIR, specifically requires disclosure of these issues in the CC&Rs. Response Z-27: Mitigation Measure 3.11-4, page 3-222 of the DEIR, specifically addressed this issue. Since studies have indicated a potential association of leukemia with exposure to electrical transmission lines, it would be appropriate to include in the CC&R's. Response Z-28: The five potential drill sites referenced on page 3-1 of the DEIR are depicted on Figure 1-3, page 1-5 of the DEIR. 4-256 Response Z-29: ' Comment noted. This comment addresses a legal issue which is unrelated to an impact , on the environment. No response necessary. Response Z-30: ' The comment references Policy 3.74 of the Contra Costa County General Plan which is a policy directed at development in the Bethel Island Area. ' Response Z-31: Comment noted. The comment addresses a legal issue which is unrelated to an impact on the environment. No response necessary. Response Z-32• See Response Z-3. , Response Z-33: ' See Response Z-27. Response Z-34: See Responses Z-3 and Z-29. ' Response Z-35: The reference to a 100-foot setback is derived from the Contra Costa County General , Plan, Implementation Measure 8-k, page 3-87 and 3-88 of the DEIR. Response Z-36: ' Comments noted. A trail is only proposed for the proposed project levees, not the .existing levees. Response Z-37: , See Response Z-3. 4-257 tResponse Z-38: rComments noted. The comment represents the opinion of the commentor regarding needed traffic improvements. Response Z-39: ' See Response Z-4. Response Z-40: ' See Response Z-7. Response Z-41: Table 3.2-6, p. 3-53 of the DEIR identifies specific timing of roadway improvements. Response Z-42: See Response Z-4. Response Z-43: See Response Z-4. ' Response Z-44: The comment represents the opinion of the commentor. The traffic study conducted for the project indicates that the improvement referenced is not warranted until 1,000 homes are completed on the project site. ' Response Z-45: See Response Z-1. ' Response Z-46: See Response Z-8. Response Z-47: The mitigation measures on p.3-63 of the DEIR are proposed in the event the Delta Expressway improvements are not implemented which addresses the concern of the commentor. 4-258 Response Z-48: Comment noted. Mitigation Measure 3.4-3, page 3-97 of the DEIR is revised to include RD-799 in the review of the detailed Channel Enhancement Plan. Response Z-49: See Response Z-3. Response Z-50: The comment appears to be referencing Contra Costa County General Plan policy 9-24 and its enforcement with respect to previous projects. No response necessary. Response Z-51: Comment noted. Other noise mitigation could be implemented, such as architectural treatments, desired by local residents and the County. No additional response is necessary. Response Z-52: See Response Z-9. Response Z-53: The comment addresses levees under the control of the Contra Costa Water District which are not part of the proposed project or the subject of the EIR. No response necessary. Response Z-54: The comment represents the opinion of the commentor that they agree with RD-799s' comments. No response necessary. Response Z-55: Comment noted. The comment represents the opinion of the commentor regarding the legality of delaying the project to improve the existing levee system first. No response necessary. Response Z-56: Comments noted. Monitoring wells placed on private property would require the permission of the property owner. 4-259 Response Z-57: Comments noted. The comments represent the opinion of the commentor regarding levee improvements. No response necessary. ' Response Z-58: The last sentence of the first paragraph under Water Quality on page 3-139 of the DEIR is clarified as follows: "Therefore, the proposed storm drainage system would have a less-than-significant mima} impact on groundwater quality." Response Z-59: If RD-799 is the public agency responsible for maintenance of the drainage facilities, the drainage facilities should be constructed in accordance with RD-799 requirements. Response Z-60: See Response Z-9. Response Z-61: As indicated in Mitigation Measure 3.7-10, page 3-144 of the DEIR, the emergency evacuation plan should address methods for notifying and evacuating "area" residents which would include residents along Sandmound Boulevard and other adjacent areas on Hotchkiss Tract. Response Z-62: Comment noted. Mitigation measure 3.7-12, p.3-145 of the DEIR specifically addresses that the project site should not succeed from RD-799 to provide continued funding for maintenance of the existing levee and drainage systems. Response Z-63: Mitigation Measure 3.7-11, page 3-145 of the DEIR has been revised to include RD-799 as a responsible agency. Response Z-64: The agency responsible for maintenance of the lakes and drainage facilities was not known at the time of publication of the DEIR. However, RD-799 would be the most likely 4-260 i agency for maintenance of the lakes and drainage facilities if acceptable to the District. Also see g Y Appendix C. Response Z-65: i Mitigation Measure 3.8-5, page 3-161 specifically addresses measures to mitigate liquefaction potential on the project site. Response Z-66: i See Response Z-18. n Respo se Z-67: See Response Z-15. Response Z-68: The lake is proposed to be approximately 17 feet dee (see Figure 3.7-5, page 3-142 of ' the DEIR). Therefore, dewatering would not need to exceed 20 feet for excavation of the lake and channels. The intent of the comment regarding submersible pumps is unclear and therefore, ' no response is provided. Response Z-69: ' Comment noted. The comment represents an opinion regarding on-site monitoring and who should pay for it. An engineer will be on-site or available during construction of the external levee system and lake/channels. The project applicant will be responsible for the cost of monitoring levee construction. , Response Z-70: See Response Z-15. Response Z-71: ' See Response Z-18. Response Z-72: Comment noted. The comment addresses a policy issue for Contra Costa County. The , project applicant is requesting that the project site be annexed to the Bethel Island Fire Protection District, see p.3-169 of the DEIR. 4-261 i Response Z-73: See Response Z-21. Response Z-74: See Response Z-21. Response Z-75: See Response Z-72. Response Z-76: See Response Z-23. The project site is not located within the Knightsen School District. Response Z-77: Comment noted. Mitigation Measure 3.9-10 of the DEIR recommends that active recreational uses (i.e., playfields) be located outside the powerline easement. Response Z-78: If the project includes a day-care facility adequate to serve the project, as proposed, no child care fees would be required of the project. Response Z-79: Comment noted. The project is requesting annexation of only the project site to the Oakley Water District. Adjacent areas would not be required to hook-up to new facilities as part of this project. Response Z-80: Comment noted. The project is requesting annexation of only the remaining portions of the project site to the Ironhouse Sanitary District. Adjacent areas would not be required to hook- up to new facilities as part of this project. Response Z-81: Comment noted. The PG&E gas line being constructed in East County is not to provide local service, but rather as part of the regional distribution system. 4-262 Response Z-82: ' As part of compliance with mitigation measure 3.11-4, the CC&R's are required to disclose specific health hazards associated with living near electrical powerlines. Childhood leukemia could be included as a potential hazard and included in the CC&R's. Response Z-83• ' Comment noted. See Responses Z-4 and Z-6. 1 1 1 1 1 4-263 1 ' MONTAGUE & COCHRANE Letter AA Attorneys at Law 1500 River Park Drive.Suite 110 J. MICHAEL_COCHRANE Sacramento,California 95815 JOHN D. MONTAGUE Telephone:(916)9295018 GEORGE C.MARTINEZ Son Francisco.California (Of Counsel) February 11, 1993 c r n ca 7 Community Development FEDERAL EXPRESSED = n Contra Costa County T 651 Pine Street, cn 4th Floor North Wing :a F Martinez, California 94553-0095 '{ Attention: Arthur Beresford ' A. J. Salomon CERTIFIED MAIL 101 Ygnacio Valley Road, Suite 400 Walnut Creek, California 94596 Re: Deeded Easement - Dannelley Gentlemen: ' On behalf of C. Elaine Dannelley, you are hereby notified that Ms. Dannelley objects to, and does not agree with, any relocation of her easement for ingress and egress as described in the attached 1 Corporation Joint Tenancy Grant Deed, document No. 84 16555, Book 11642, Page 655, Contra Costa Official Reco s. Very truly you s, John,,D. n e L� JDM/blb cc C. Elaine Dannelley 4-264 IVILU4 HLLIL)RULL) RLIVUHNL I j-L B -6 1984 it Mr. & Mrs. Donald Dannelley, r. H:jcoz-ded at request �IRoute 2, Box 226-C 84 16.555 sar000 Title Insuranos Co. Oakley, CA 94561 At 311C #711910-'JSof f0rWf.R TAX J. V. Wo-114011 :%Nj) County Recorder FEE S .;kviTrRA CMCA C'A ConLra Co�ita County VHVEY, CORFORATIUH JOJNT TENANCY GRANT DEED [UNDI$10 THE UNDERSIGNED GRANTOR DECLARES DOCUMENTARY TRANSFFR TAXES IS $ 102.85 computed on full value of property conveyed, or 1 ) computed on full value less value of liens or encumbrances remaining at time of sale, and P# ' 2' .22C)- 03(3 FOR A VALUAPLE CONSIDERATION, receipt of which is hereby acknowledged,ZGENERAI, MOTORS CORPORATION, a Corporation organized under the laws of the State of Delaware, having its 1. principal office at 3044 West Grand Boulevard, Detroit, Michigan 48202, hereby GRANTS to DONALD R. DANNELLEY, SR. AND CLIDE E. DANNELLEY, uusaAw & wirm,, As join uNmrs, whose address is East Cypress J.'xtension, Oakley, California 94561 , the following described real property in the City of Oakley, County of Contra Costa, State of California: PARCEL ONE: Pnrcel B of Parcel Map filed October 12, 01 1972, Book 24, Parcel Maps, Page 41, 3: %a C-D Contra Costa County Records. -n T , EXCEPTING FROM PARCEL ONE: "All oil, gas and other hydrocarbons and minerals now or at any time hereafter situate d therein and thereunder" as reserved in o 4 the Deed from Bank of America National cn Trust and Savings Association, recorded ro April 24, 1942, Book 658, of Official Records, Page 129. pi PARCEL TWO: Right of way granted in the Deed to Robert Campbell, ,et ux, recorded July 16, 1959, Book 3413, Official Records, Page 352, as follows: "A right of way (not to be exclusive) as an appurtenance to Parcel One above, for use as a roadway for -vehicles. of all kinds, pedestrians and animals, for is water, gas, oil and sewer pipe lines, and for telephone, electric light and power lines, together with the necessary poles or conduits over a portion of the North 1/2 of the Southwest 1/4 of 4-265 I I it Section 27, Township 2 North, Range 3 East, Mount Diablo Base and Meridian being a strip of land 20 feet in width, the Fast line of which is described as follows: j BEGINNING at Station "A' , as designated in the description of Parcel One above; thence from said point of beginning i North 7.8 degrees 08 minutes 59 seconds West 189.89 feet; thence North 14 degrees 11 minutes 40 seconds West 21.19 i feet to a 2-inch by 2-inch hub; thence North 14degrees 11 minutes 40 seconds West 249.77 feet; thence North 34 degrPcs 05 minutes 06 seconds 41est 289.56 feet to a point herein designated ' as Station 'B' which bears North. 89 degrees 44 minutes 47 seconds East 23.22 feet from an iron pipe. The South terminus of said strip of land is a line drawn South 69 degrees 22 minutes 17 seconds [gest from Station 'A' � above and the Horth terminus thereof in a line drawn South 89 degrees 44 minutes 47 seconds West from Station 'B' above." ' YAItCI:L THREE "A right of way (not to be exclusive)" created in reference to Parcel One above in the Deed to Hownrd R. Sullivan, et i ux, recorded November. 30, 1949, Book 1.469 Official Records, Page 19, "for use as a roadway for vehicles of all kinds, I . pedestrians and animals, for water, gas , oil and sewer pipe lines and for tele- phone, electric light and power lines, together with the necessary poles or conduits to carry said lines ' over a portion of the West 1/2 of Section 27, Township 2 North, Range 3 East, Mount Diablo Base and Meridian, being a strip �I of land 25 feet in width, described as follows: Commencing at an iron pipe set at the Northwest corner of the parcel of land described in the Deed to Harry E. Chesney, et ux, recorded January 28, �I !I 4-266 i 1942, Book 657 , Official Records, Page .' j 274; thence from said point of conimence- ment South 89 degrees 44 minutes 47 i seconds West 173.10 feet to an iron pipe and the actual point of beginning of the herein described strip of land; thence from said point of /beginning South 89 degrees 44 minutes 47 seconds West 645.80 feet; thence North 0 degrees 30 minutes West 65 feet; thence South 89 degrees 3U minutes West 25 feet to the � West line of said Section 27; thence South 0 degrees 30 minutes East along said West litre at 65 feet an iron pipe, i a total distance of 90 feet; thence North 89 degrees 44 minutes 47 seconds j I East 685.53 feet Lo a point which bears South 30 degrees 56 minutes 42 seconds East, 29.07 feet to the point of beginning; thence North 30 degrees 56 minutes 42 seconds West 29.07 feet to the point of beginning. PARCEL FOUR: II "A right of way (not to be ei:clusive)" created in reference to Parcel One above in the Deed to Howard P. Sullivan, et ux, recorded November 3.0, 1949, Rook 1469, Official Records, Page 19, "for , use as a roadway for vehicles of all kinds, pedestrians and animals, for water, gas, oil and sewer pipe lines, i and for telephone, electric Light and power lines, together with the. necessary poles or conduits to carry said lines", !� over a portion of the East 1/2 of Section 28, Township 2 North, Range 3 ' East, Mount Diablo Base and Meridian, %I being a strip of land described as follows: �I Commencing at an iron pipe set at the Northwest corner of the Parcel of Land described in the Deed to Harry r. ;I Chesney, et ux, recorded January 28, 1942, Book 657, Official Records, Page 274; thence from said point of commencement South 89 degrees 44 minutes i 47 seconds West at 173.10 feet an iron pipe a total distance of 818.90 feet; thence North 0 degrees 30 minutes West 65 feet; thence South 89 degrees 30 • I 4-267 minutes West 25 feet to the East line of said Section 28 and the actual point of beginning of the Herein described strip of land; thence from said point of beginning South 89 degrees 10 minutes West 120 feet to the East line of the County Road known ap Bethel Tract Road; thence South 0 degrees 30 minutes East i along said East line, 25 feet; thence North 89 degrees 10 minutes East 120 feet to the East line of said Section 28; thence North 0 degrees 30 minutes West, along said East line, 25 feet to the point of beginning. PARCEL FIVE: A right of way (not to be exclusive) for use as a roadway for vehicles of a].1 kinds, pedestrians and animals, for `I water, gas, oil and sewer pipe lines, ! and for telephone, television service, it electric light and power lines, together with the necessary poles, or conduits, as an appurtenance to Parcel One above flliover that portion of Parcel A of Parcel �I Maps, filed October 12, 1972, Book 24, Parcel Maps, Page 41 , Contra Costa County Records, designated "Proposed I �I Easement for Access Roadway & Utili.ties." Thi.s Deed is prepared, executed, delivered and recorded in connection with General Motors Corporation's reconveyance of the subject Property, which was acquired relative to its employe relocation program. I IN WITNESS WHEREOF, said Corporation has caused its Corporate name and seal to be affixed hereto and this instrument i I i i �I 4-268 i ' | | � | / / w4u:auuo U� | to be ^x^^~^^~ by its ~^^~^^~^ ~~ ^~^^^^' i~~ and A""^"^a"^ | Secretary thereunto duly tx id |' � d / ~~^~ i ~~ | . / � / L -' . GENERAL | ' n " i �~ | �~ ! orectzo r, C Fac lities |� ' | / '! --`�� |/ dsiotaut Sec/etory -- , / STATE OF MICHIGAN ) `� 1 ) ss. COUNTY OF 14AY0C ) � On ` \;^�'```\��� � i ' ``\~� '� , before me, the | -- undersigned, a Notary Public in and for said State, personally i i appeared yV J. O'Keefe. , known to me to be the ' ' Director, CM Facilities, and , / known �o mc �o he �axiu�en� Secretary of �i � � ecar� oz the Corporation �ba ! executed the ~i- thin 1outrun`unt, known to me to be the persons who executed the within Instrument on behalf of the Corporation therein named, and acknowledged to me that such Corporation ' executed the within Instrument pursuant to its by-laws or o �| resolution of its Board of Directors' ! !� | � 70 WITNESS ul\EaC0n, I have hereunto set my hand and etfixed my official seal the day and yenr in this certificate | first above written. � | �m |� Notary Public!Ain d c-w, for -said State / � GORDON PHILIP�~^'""""" ' 1 ^~ .. Oakland County.w/ || wwComu,*nsxpxmwmay os,mm |' THIS INSTRUMENT PREPARED BY: ! William A. Hayes | 3044 West Grand Boulevard \ Detroit, Michigan 48202 ! ! � / | | END OF V0CUm[Ny ! � 4-2Gg �U ' / / Response to Letter AA: Montague & Cochrane, February 11, 1993 Response AA-1: The following mitigation measure has been added to the EIR on p. 3-27 to address the easement referenced in the comment. 3.1-5: The project site plan shall be revised to clearly depict the existing easement from the Dannelley property to Cypress Road. This easement shall be maintained in its existing location unless otherwise agreed to by the property owner and the County (Responsibility: Project Applicant/Contra Costa County). r 4-270 O'tTfiq COSTA Letter BB FEB -I PN 2= 26 (. I,_ Manuel & Cecelia Peixoto DEVELY-'ui-iJ'Y `' Route 2, Box 387 Oakley, California 94561 January 30, 1993 J Community Development Department 651 Pine Street 4th Floor, North Wing Martinez, California 94553-0095 Dear Mr . Bragdon, Director; This letter is to comment on the completeness p ss and accuracy of the Revised Draft EIR for the Cypress lakes and Country Club A.J. Salomon/Chartered Land & Cattle Co County File #2918-RZ, Final Development Plan 3032-90, Subdivision 7562 . As stated on page 3-54, item #3 of the revised draft EIR referred to above, the construction of the Laurel Rd.. Extension to Machado Lane, including Marsh Creek bridge & RR overcrossing would not be needed until the Delta Expressway is completed . "Until that time, this project would not be necessary. " The second paragraph on page 3-50 states that "Although the Delta Expressway is in the General Plan, construction would not be completed until 2005 . . . . " In numerous conversations with the Public Works Department I find an inaccuracy in item #3, page 3-54 as stated above . The Public Works Department informs me that an alignment for the BB-1 Laurel/Cypress Connection has been established . A precise alignment would be prepared for adoption by the Board of Supervisors in the 94/95 Fiscal year . It is possible that the construction on the Laurel/Cypress Connection would commence prior to the completion of the Delta Expressway. The Revised Draft EIR also states that the Roadway Improvement Project of widening Cypress Rd/SR 4 intersection along with additional turn lanes would be necessary if the Bethel Island area is built out before the Delta Expressway is BB-2 completed. In addition, page 3-63 states that if the Cypress corridor development moves quickly to implementation, prior to the completion of the Delta Expressway, that a widening of Cypress Road on the east leg of the intersection would be necessary. 4-271 No where in the planning fox the widening of Cypre55 Road on the east leg of the intersection has the Issue been addressed of safety to entrances to the private driveways all along Cypress Road. That is my main concern. As my driveway fronts Cypress Road, the additional traffic caused by the construction of the Cypress Lakes project along with the increased traffic flow would make it a hazard to entering and exiting my driveway and those of my neighbors . BB-2 My recommendation to mitigate the above problem would be to create a middle turn lane into the various driveways along Cypress Road . This would allow a car traveling West on Cypress Road and wanting to make a left turn Into a driveway to stop safely as it waits for the oncoming traffic to pass. This avoids any other cars traveling West to go off the shoulder to pass as Is now often done. Most importantly It avoids any accidents caused by rear end collisions . Sincerely, Cecelia PeIxoto 4-272 1 Response to Letter BB: Manuel and Cecelia Peixoto, January 30, 993 Response BB-1: Comments noted. The comment provides additional clarification regarding the Laurel/Cypress connection. No additional response is necessary. Response BB-2: The DEIR describes the future cross-section of Cypress Road. A precise plan line for this YP road has not been established, but it is understood that it will have four through travel lanes, plus a center area for left turn lanes and possibly a median island. The final design of the road relative to individual driveways on Cypress Road has not been established. The County will work with individual property owners during the final design process to ensure proper access, and a safe, efficient design of left turn lanes. 4-273 J xsRY k R '4 Letter CC JM*120-993 . � aAsr MIUM Rn. OAKt Y s CALIF. �2 J ;J DEAR MR. BERSFORD: �'� = Pil 1 2. v3 WHEN WE FIRST' RECEIVED PQ PR' THE CYPRESS LAKES EPT AND COUNTRY CLT—TB 7PROJECTr, ),I WROTE YOU A LETTER EX— PLAINIING MY REASONS FOR NOT WANTING THIS PROJECTr TO GO THROUGH. I STILL DO NOT. AND MY REASONS ARE THE SAME. I AM ENCLOSING ONE OF THE NOTICES WE RECEIVE EVERY SO OFTEN FROM DU FONT. IN MY FIRST LETTER TO YOU, I MADE A MISTAKE AND NAMED DOW CHEMICAL CO. WHEN I REALIZED MY ERROR Z CALLED YOU AND ASK YOU TO CH"GE MY LETTER TO READ DU PO". IN FACT,YOU ASK ME H[OW TO SPELL IT. THE REASON I ADD THIS, a� IS SO YOU MAY REMEMBER ME. SINCE I HAVE ALREADY HAD CANCER , I THINK I CAN ATTEST TO THE ACCURACY OF THIS NOTICE. SINCERELY, ?%RY" L. REE3 r 4-274 FE. 1. MMUNITY NOTICE UNDER PROPOSITION 65, ont de Nemours and Company operates a facility at 6000 Bridgehead Road, Antioch, California, manufacturing white pigments and refrigerant gas.During the operation of this facility,substances which have been listed by the State of California as known to the State to cause cancer or reproductive harm are released to the environment.Detectable amounts of these chemicals may be found in and around the facility.Therefore,to meet its responsibilities under the California Health and Safety Code,Sections 25249.5 through 25249.13,Du Pont provides the following - WARNING:Du Pont's Antioch facility emits certain chemicals known to the State of California to cause cancer,birth defects or other reproductive harm. Du Pont operates the Antioch Works in compliance with the law and is recognized as a responsible corporate citizen and a good neighbor.The overall safety and health of our employees,the public,and our customers is our number one priority. Should you require further information,please feel free to contact us—P.O.Box 310,Antioch,California 94509. .......................................................................................................................... Este es un aviso de E.1.du Pont de Nemours and Company de 6000 Bridgehead Road,Antioch,California De conformidad con la Proposici6n 65 del Estado de California Du Pont les provee a uds.el aviso siguiente: AVISO: La fabrica Du Pont en Antioch emite unas substancias quimicas conocidas por el Estado de California tomo causantes de cancer,defectos del nacimiento u otros da-hos reproductivos. Si requiere ma's information por favor escn'benos—P.O.Box 310,Antioch,California 94509. } 4-275 J�. Response to Letter CC: Mary Reeves, January 12, 1993 Comments noted. This issue has been addressed in the DEIR at Page 3-221. No additional response is necessary. I� ;l i 4-276 February 9 , 7993 Letter o�u� ���� -vy�m '+ �� �� = 'o ~� I& ~^ �� . .�� Mr , Art Beresford Contra Costa Co . Community Dept , 651 Pine Street Martinez , CA. 94553-0095 RE : CYPRESS LAKES & COUNTRY CLUB Dear Mr' Beresford : As the lead agency for the above project , | would think that the Community Development Agency would have been MUCH MORE STRINGENT in checking the -- E | R to see that it was as accurate as possible BEFORE printing same . It is apparent that most of the items covered in the E1R have been dictated by DD-1 the developer and his crow, without any thought to the dangers this project will have on the owners and residents on Sandmoun6 Blvd . and adjoining areas . As paid employees of Contra Costa County , | believe much more consideration should be given to the "people" and their safety rather than to a developer |whom the County is looking to for money to fill their coffers . It is hard to believe that you can ' t sem the dangers of allowing the building of an internal levee. Has any thought been given to the fact that IF there �U is a break on the existing levee where the water will go - it will go North and South and everyone in the area , including the Condos , will be subject to flooding and the possibility of being stranded as well as the possibility of DD-2 drowning. Can the Agency and the County live with that thought? How about the residents who have not been included in your haphazard mailings of notices (the Condos at the end of 3andmoun6) because the law states only those who are within 300 feet of the project are to be notified - these residents are in � danger as much as anyone. Have you ever been near a pile-driver inaction? Can you say that the constant hammering and shaking 6Y6m / t bother you? | doubt it - so what 6o you think is going to happen when this ten 110) ton monster starts for the dewatering 0D'3 process? Are you going to insist that the developer post a bond for damages to property or is it possible that your Agency feels the residents don ' t count or maybe they will move out of the area and you and the developer can do -~ |whatever??? | The County is in a budget crisis and it appears it is going to get worseso who ' s �m going to pay for equipment and manpower for a fire station , sheriff protection , schools , etc . ? Who is going to live in this project - a great DD-4 percentage of the projects in the County now are empty - do you and the County expect to draw from other areas? If so , how are they going to like the idea f commuting with insufficient roads? Can you provide a definite date as to give the cost of same? when ��m highways will be built? Can you g !- , U� 4-277 �� February 9 , 1993 Page 2 Art Beresford Contra Costa Co , Comm, Dept , The developer ' s map shows the tentative location of the proposed school VERY NEAR a drill site . It would seem to me that your Agency would have -5 spotted this and would have moved the school to another site . Have you ever heard of a well exploding? What about the children - don ' t they count? When questions are ked a f s o Staff , most of the time they have no answers and the East County Regional Planning Commission , for the most part , is so bored they don ' t even hear what is being said by the speakers . It certainly appears that this project i.s "cut & dried" and only motions are being gone thru in order to stay within the law. A perfect example was the meeting of 2/1 /93 - the Commission set March 1st for the next meeting BUT the developer cried -6 ( literally) to have the meeting on February 8th because they had already spent a lot of money , wanted to get started on their project , etc . . . . .no consideration given to the owners/residents . I am aware that the Commissioners are volunteers ; however , if they are willing and able to volunteer then they should be willing to put forth their obligations rather than making people feel they are ignorant and don ' t know what they are talking about . At the meeting of 2/1 /93 ( I believe I heard you correctly) you made the follow- ing statement when you were recapping the project - "developer wants an in- DD-7 ternal levee in order to get out of the 100 year flood plain" - where did this information originate , is it in writing and by whom? I don ' t recall D seeing a document this important included in the EIR. As I understand from last night 's meeting , your Agency assured all that when the final EIR is returned to the East County Regional Planning Commission ALL -8 QUESTIONS AND SUBJECTS BROUGHT UP DURING THE HEARING WILL BE ANSWERED . I personally find this hard to believe as NONE of the subjects have been covered to the satisfaction of the owners/residents in any of the draft EIR' s . We were advised that letters would be received until February 16th . . .however , I quote from Page Two (2) of the East County Regional Planning Commission 1February 8 , 1993 agenda - "The Planning Commission at hearings on zoning matters , variances or land use permit applications , must base their decision -9 on competent evidence . LETTERS WILL BE RECEIVED ECEIVED AND FILED BUT CANNOT , IN GENERAL , BE CONSIDERED COMPETENT EVIDENCE UNLESS PERSONALLY PRESENTED AT A HEARING BY A WITNESS , SUBJECT TO EXAMINATION . " I believe someone needs to # elaborate on this statement - it appears that letters you do receive WILL NOT BE IN ORDER AND WILL NOT BE ACCEPTED . Please comment . '-Ve ru l y your o M s . m M �LM. herwood� 4818 Sandmound Blvd . Oakley , CA. 94561 cc Board of Supervisors Contra Costa Co. 1� 4-278 Response to Letter DD: Mrs. William Sherwood, February 9, 1993 Response DD-1: Comments noted. The DEIR was prepared by an independent environmental consultant hired by Contra Costa County. The County Development Department thoroughly reviewed the j DEIR and feels that it discloses the potential impacts of the project on adjacent residents. Response DD-2: The DEIR discusses potential impacts from the proposed internal levee on pages 3-130 to 3-139. The county is required by law to notice all meetings of the East County Regional Planning Commission. Notification of all meetings involving the Cypress Lakes Project included direct mailing of notices to properties within 300 feet of the project site and placing an ad in the Antioch Daily Ledger so that all area residents who may be interested are provided notice of such meetings. Response DD-3: Refer to Responses L-7 and Z-20. Response DD-4: Impacts and mitigation for local service providers are discussed in Chapters 3.9 and 3.10 of the DEIR. The project would be required to pay its fair share to all local service providers. In addition, the applicant would construct the roadway improvements listed in Table 3.2-6(A) on page 3-53 of the DEIR. ' Response DD-5: Refer to Response Z-23. Also see the discussion in the DEIR at Page 3-218. Response DD-6: Comment noted. This comment addresses County staff and meetings held regarding the project, which are issues unrelated to the DEIR. Response DD-7: As discussed in Chapter 2.7 - Hydrology and Drainage (pages 3-118 to 3-146 of the DEIR) and two technical reports: Evaluation of Proposed Levees Bordering Cypress Lakes Project by Kleinfelder, Inc. (August 1992) and Informational Report for the Proposed Levee �. System by Bohley/Maley Associates (1992), the purpose of the proposed internal levee is to remove the project site from the 100-year flood zone. However, as stated on page 3-130 of the 4-279 DEIR, FEMA approval is necessary before the site can be removed from the flood zone. Also see Response EE-20. Response DD-8• Comment noted. The Draft EIR was not required by CEQA to include public comments and responses to those comments. This is the role of this Final EIR, which includes copies of all written comments and transcripts of all verbal comments made on the Draft EIR, as well as written responses to all comments made on significant environmental issues (Section 15088, CEQA Guidelines). 11 Response DD-9: The public comment period on this project officially ended on February 16, 1993. All comment letters received through February 16 are responded to in this Final EIR. �I. N 4-280 Diane Shipway v r!, JI Letter EE P.O. Bog 872 '�'{fi°�'- Bethel Island, CA 94511 a� �H AD$tq (510) 684-3967 F Ee 3 �Y 20 1993�F r;, �v Jana , ! 2' ?3 � ��, E�oY,�`,,,ry, Contra Costa County Communievelopment Dept. `' T DEpr ATTENTION: Art Beresford 651 Pine St.North Wing -Fourth Floor Martinez,CA 94553-0095 RR Cypress Lakes& Country Club Dear Mr.Beresford, Again I am complaining about the meeting notifications on this project. My neighbor called me on 1/15/93 and asked if I was going to the planning meeting. I told him that you had personally called me a few weeks before and had told me about it but I hadn't received a notice of the meeting as yet. He told me he had his for about 8 days which gave him a chance to get a hold of this 1 3/4'docwnent. I am not the only person who has attended these meetings and then have not gotten notification of the meeting (Rhonda Hansen,Bob Counc$,John Zukaukas, Richard Kent, Gus Burkholtz). I called your office on 1/15/92 and left a message for you to call and I did get a call back a few days later. Beings that I couldn't even get through to a government office till EE-1 1/19/93 to obtain a copy of the EIR, I was luckily able to borrow a neighbors copy for a few days. I have read quite a bit but I still feel I am unprepared to address all the issues without more time to peruse the material. I am requesting that you hear what I have to say tonight but I am also asking that another public meeting be held to give everyone a chance to read the copious amount of material that has been presented to us. This is to big of an issue to be decided in such ; a short amount of time,my neighbors and I will be effected by this project forever,the developer will be gone in 5-10 years,this commission will be filled with new faces and the supervisors will be on to other things. You have to listen to our concems and apprehensions and realize why we want some guarantees. This is my families and my life and future you are planning so please take us into consideration when you make your decisions. Traffic (PG 3-35) This report states that summer weekend traffic can occasionally be quite heavy due to boaters and recreational activities on the Island. But the report doesn't think it will EE-2 be any problem. Did they take into consideration that Bethel Island's economy is based on these boaters and RV's to get here easily. If we are subjected to 5-10 years of road work(Pages 3-56 &3-74)these people will go somewhere else because of the hassle of getting here. 5-10 years of construction traffic and road work is a long time for a small recreational area's economy. On Page 3-38 the report states that most of the bike traffic "were children riding to school". EE-3 That's because our area has grown so fast and the funds for schools are not enough to keep up with the schools and these parents don't have the $250.00 to pay the bus fees. On page 3-40 It states "This traffic analysis has not been conducted in detail beyond SR 4 in EE-4 I Antioch. well dont you flunk it should? That's where the jobs are, and the hospitals. I'm worried that on page 3-53 the 'Projects that would be required by Cypress Lakes Itself EE-5 (without any other development taking place) will come to be. Like the Hoffman/Vintage Park School deal. where are the guarantees? 4-281 ,J =f Page 3-70 Name 8t phone number of a designated dust control coordinator will be posted at the site. Shouldn't the neighbors be given this information up front. How can we be sure where on the 685.9 acres this notice will be? Will an on-site construction office be on site? EE-6 Will it have regular office hours? With a PERSON to talk to? What do they consider "High Winds"? Small Craft Warning? Gale Warning? Storm Warming?Hurricane Warning? We need a definition. On page 2-22 they state extreme winds. Small Craft is up to 38 MPH, Gale is 39-54 MPH Storm is 55-73 MPH, Hurricane is 74 MPH. Now what is their definition of Extreme winds? �. EE-7 Again on page 3-99 there are still no 4 story homes on Sandmound. Pg 3-101 Those pesky power lines again. Will Medivac be able to land behind the fire house? EE-8 Would it be safe for pacemaker patients? I understand that there are experts on both sides of this issue but from a lay persons view I feel the power lines need to be studied more before we put homes right next to them,and parks and children's playgrounds underneath them. Pg 3-101 States "often times smoke and haze obscures the mountains making them less visible" EE-9 (See Figure 3.5-3) The views in Fig 3.5-3 face east, north and north west, there are no views toward the mountain If we have a hard time now seeing the mountains because of smoke and haze do you think we need 1330 more fireplaces BBQ's and traffic? Pg 3-105 States " Views to the west from existing homes along Sandmound would be obstructed by the levee and proposed project." FEMA states the levee system should provide protection from flood. From their standpoint It will protect them but from our view point it will increase EE-10 our damages. I would like to see a report from FEMA stating how this levee has to look from my side. The report says no rock - what does FEMA say? The projects describes landscaping - Will FEMA want rip-rap? Won't that be a pretty site? Depends on which side of the levee you are looking. Again one of the unavoidable consequences of the project. Pg 3-106 Report talks of landscaping outside the project levee to provide additional screening. EE-11 Should be trees and shrubs if it doesn't affect levee maintenance. When the district cleans our ditches now there are no trees or shrubs left. Then these people want to plant cottonwoods? Not a good choice for those of us with allergies. P 3-109 "Noise measurement program was conducted during the weekday because it is 8 P g� g Y typically noisier than weekends." Study done on May 26-27. How can it it noisier? The kids EE-12 are in school,the tourists are gone and every one else is back to work. Another report that can be written for the results you want to obtain. EE-13 Pg 3-113 States levee would reduce noise level ON THE PROTECT SITE but no mention of how the noise will echo between our levee and theirs down in our gulch. Hydrology and Drainage I would like to see Rec Dist 799 reports. But on a few things I do have comments. Water QuaLty Pg 3-129 Again pump station for benefit of project and their capacity. During storm periods excess water would then be pumped to ultimate disposal in Sandmound Slough. This would EE-14 increase the amount of water into Sandmound Slough along with whatever else is in the water. Will this have a great impact on us when we have 6' tides, full moons and a south storm happening? I TBINK SO! Pg 3-130 Rock will not be utilized, generally placed on the exterior slope (our side) of the water EE-15 side to protect from erosion. The proposed levee will be built on dry ground and not adjacent to any waterway. For now that may be true but if we flood it will be adjacent real quick. '. 4-282 Pg 3-133 To prepare for future raising of the levee the report proposes adding material to the EE-16 outside of the levee (our side), no change to the interior side of the levee (their side), and the toe ditch would need to be relocated(again our side). New levee may settle during construction. Consolidation would occur during levee EE-17 construction and possibly one or two years thereafter BUT would not have any effect on adjacent structures. Again what guarantees do we have? Ground water Pg 3-133 Along with the levee this is another major concern to me. While the project is de-watering and pounding a swath 100'wide by 15'deep I really feel My house will rattle itself apart -I don't care EE-18 what all their fancy engineers say. Also nothing was mentioned about our underground water and sewer pipes being affected by this pounding and de-watering. We need some sort of bond to protect us from such eventualities. Pg 3-135 If the existinglevee fails the project will be protected b internal levee. Isn't that nice ' P J P Y EE-19 they'll be protected and stranded and we get to go over there for evacuation. Do we go to the golf club house or the bead club house? Then what? References to Appendix F which is the will serve letter from Oakley Water Dist. States flooding is speculative & cannot be quantified. But its a big enough possibility that a EE-20 levee needs to be built all the way around the project because their engineer says our levees are a night mare. Sounds ambiguous to me. EE-21 I Pg 3-139 I'm very concerned with excess storm water runoff Pg 3-141 Who will monitor&maintain water quality of the lake& channels? States "Pumping of this water into Sandmound Slough would provide a beneficial impact on water quality of EE-22 Sandmound Slough as long as the water quality of the lake and channel is properly maintained." The phrase "AS LONG AS" is very important. Well what if it's not properly maintained? Who will be responsible? Pg 3-143 States the County would periodically monitor storm water discharge for pollutant EE-23 levels. Does the County have the man power and funding for this? Who is going to monitor during the storms and periods of high run off. What if they have to make a choice between releasing polluted waters or them flooding, what would they choose? EE-24 3.7-2 They get underground storm drainage pipes 3.7-3 Exterior side (my side) gets drainage ditches Water Quality Pg 3-146 EE-25 3.7-14 Information packet shall be distributed to project residents upon purchase of each house. What about on the resale? Down the road people will come and go and newcomers will not be informed? What about new residents who don't care to be educated? 3.7-15 I love this one. The sheet sweeping I can't tell eeP g Program, you how many times I've had to EE-26 swerve around all the street sweepers I've seen from the county on our road .I'm joking. I would like to see the Counties"existing street sweeping program" in June with new budget. EE-27 I 3.7-16 I don't trust the project to maintain the lake&channels. I think an impartial entity should maintain water quality. EE-28 What will the Homeowners fee ultimately be. They sure state in a lot of places that if the County won't pay the Homeowners will. What will that be on top of a 320,000 dollar mortgage 4-283 payment? PG 3-157 Liquefaction Excavate, rework and densify the loose clean and silty sands under the levee to a depth of 10 to 15 feet. That heavy weight has me worried. They say would not have any affect on adjacent l EE-29 residences. If they are so sure of their statements then a cash bond would not be an unreasonable condition. I can feel the school bus come down my road now, what will constant vibration do to my house? I don't know but I know my homeowners insurance won't pay for it. I think this problem is going to make some lawyer, somewhere a very rich man. Pg 3-163 3.9 Public Services Fire Services- I would like to see the Fire Dept. responses. Building a site is one thing but the EE-30 emergency response equipment,administration, staff training and overall maintenance is another. We're facing a new assessment on us now because of state budget cuts and the county is talking of cutting fire services so how will they afford this addition? Police Protection- Another County service that is facing large budget woes. With the budget EE-31 cut backs how will we fund another officer and equipment? We'll know in June if the sub station stays open. It's already shut down at night. I would like to see the Sheriff Departments report. I still see no mention of the Marine Patrol. Schools-3-174 States "Liberty Union High School District provides busing" It should say that it provides busing for a fee of $250 per child. We've built 3 new schools and they are all at or beyond capacity. More funding will be needed to fiord new schools. If we vote down Bond Measures well just be hit with a Mello-Roos tax on a permanent, annual basis. EE-32 What will happen to that 10 aces after OUESD determines the school site is unacceptable due to location within project,next to slough,wetlands,lake and pump out? Will this be 10 acres of RV storage? County Code says Street lighting shall be provided along all streets within one mile of schools. - If we get a school at the designated site well be lit up like day time. That will be more than just a glow". Parks&other Recreation Facilities EE-33 P 3-183 The Lake and channels would be cared for maintained and operated perated by the homeowners association. I don't trust them to protect my interests on the outside of the project. . It's my understanding that the project was paid big bucks for the easement for the power lines, now they can use that land as open space and parks, build right up next to them, then give it to EE-34 the county for public parks and the general fiord maintains it? Is that right? It still looks like the major portion of the Public Park is under the lines. This issue was sort of skimmed over. When incoming residents get a copy of the CC&Rs stating they are aware of the health issues related to living near the transmission lines will that release the developer of liability? The project still wants trails on top of the levees encouraging bikes, pedestrians and golf carts which is still inconsistent with the existing levee uses. If you can use one levee the residents will EE-35 � they canuse others and that's not the case. How do they plan to keep these people out of Water Pg 3-190 Still doesn't recognize the Oakley Mutual Water District wells. Does that mean EE-36 the,don't have to worry about us? 4-284 I know thero' t o p sect has spent a to f money on the original report and this second report and it certainly looks like they have addressed all of our concerns but the out come is still the same. They paid big bucks to get the issues addressed so it would pass through you and on to the supervisors but nothing is resolved about the levee's and the de-watering, I'm still concerned and EE-37 I don't feel they have put in any protection for the neighbors already here. The phrase I find consistently is "unavoidable short term impact" which I translate to mean "Stuff Happens" and you know what I mean. I recommend a cash bond be posted so when "Stuff Happens" we will not have to spend years in court with high dollar lawyers trying to get compensated for problems we are telling you about now. And again I would like to request another hearing on this matter so the people who didn't get notified have a chance to respond. Respectfully, Diane Shipw 4-285 ' i Response to Letter EE: Diane Shipway, January 20, 1993 Response EE-1: Comment noted. Two public hearings were held on the DEIR (February 1 and 8, 1993) and written comments were accepted from December 31, 1992 until February 16, 1993. This FEIR responds to all comments received regarding the DEIR. Response EE-2: The timeframe for constructing the road improvements necessitated by the proposed project is described in Table 3.2-6(A) of the DEIR. These improvements are not expected to require the 5-10 years of road work inferred by the commentor. Improvements to the Cypress Road/Bethel Island Road intersection would be completed when about 500 units are occupied. Construction of Cypress Road from Machado Lane to 1,000 feet east of Knightsen Road would be completed before 1,000 units are occupied. These improvements would occur in less than a five-year period. The timing of other road improvements would depend on other developments in the area, and is not possible to be estimated at this time. Response EE-3: Comment noted. See Response I-1. Issues regarding school funding and bus fees are unrelated to the proposed project and EIR. No additional response is necessary. Response EE-4: . The traffic analysis for the General Plan addresses traffic issues and impacts of regional development. A discussion of the jobs/housing balance appears on page 3-7 of the DEIR. While many East County residents now commute to various East Bay employment centers, the jobs/housing ratio is expected to improve with increased demand for new services and businesses in the East County area. Response EE-5: The roadway improvements identified on page 3-53 of the DEIR are specific mitigation measures required of the project. As such, they would be made conditions of the project's approval if accepted by the County Board of Supervisors. Response EE-6: The following mitigation measure should be added to the EIR regarding the dust control coordinator: 4-286 • In addition to the dust control measures proposed as part of the project, the project sponsor should post the name and phone number (business and non-business hours) for the dust control coordinator along the perimeter of the project site and provide this information by mail to residents within 1,000 feet of the project site. It is not possible to specify a threshold wind speed that would result in the suspension of dust-producing activities since the effect of wind on dust production is greatly affected b soil P g P �' Y Y moisture and other factors. The following mitigation measure has been added to address this concern: • Earthmoving and other dust-producing activities should be suspended when watering and other dust-control measures are unable to eliminate visible dust plumes. Response EE-7: According to field surveys, many homes in the project vicinity are three or four stories tall (two to three stories over a garage). However, there are a number of homes in the project vicinity that are single-story. Response EE-8: Please refer to Response to Letter P for a discussion of potential effects from power lines. Response EE-9: The air quality impacts of the project are evaluated in detail in section 3.3 of the DEIR, beginning on page 3-64. The DEIR identifies that the project would result in an unavoidable adverse impact on regional air quality ( for the pollutants NOx and ROG). Response EE-10: The Federal Emergency Management Agency (FEMA) does not have any criteria regarding the visual appearance of the levee from surrounding areas. FEMA's engineering consultant will look at the levee proposed for the project and will evaluate not only the design and maintenance issues, but also the proposed landscaping and other protective measures that would be built into the facility to assure its continued protection to the development. A portion of the information to be sent to FEMA is attached to Letter U. At the time an application is made to remove the project area from the flood hazard zone, complete construction documents (plans and specifications) would be required to be submitted along with the requests for removal. The project applicant is not proposing to rip-rap (rock) the exterior slope of the proposed levee. Rip-rap is generally required for levees that are exposed to water. The rip-rap is used on the water side to prevent erosion. 4-287 Response EE-11: Visual mitigation includes two types: 1) Landscape on the proposed levees (see Mitigation Measure 3.5-8) and 2) Landscape outside the levee cross-section (see Mitigation Measure 2.5-4) The second mitigation measure is proposed so that screening of the levee would occur even if no landscaping is allowed on the levee. This type of landscaping would not be affected by maintenance activities. The listing in the DEIR of trees suitable for planting on residential levees contains the Fremont Cottonwood Po ulus fremontii . The project sponsor will attempt to guide the landscape architect to limit the use of this tree on the levee system. Response EE-12: The noise measurement program was conducted during the weekday because the noise consultant's experience indicates that weekday noise levels are typically higher than weekend levels; the program, therefore, is based on conservative figures. The major noise in the vicinity of the project is vehicular traffic on Bethel Island Road. Normal commute traffic will generate the most noise during the day. This commute traffic will tend to control the 24-hour noise level (DNL). Although children are in school, they travel between their homes and school during weekdays and this would also contribute to the daily noise levels. On the weekends, children are not in school and, therefore, they do not travel to and from school. It is possible that mid day noise levels might be slightly higher on the weekend with heavy recreational traffic. However, it is unlikely that it would contribute significantly to the 24-hour noise level or exceed existing weekday noise levels. Another aspect of environmental noise that will help to clarify this issue is the relationship of traffic volumes to traffic noise. In order to increase noise levels by three decibels (considered "just noticeable"), traffic volumes must double. Consequently,a 10% or 20% difference in traffic volumes would contribute to a change of one decibel or less in the noise level in the project vicinity. Taking this into account, minor fluctuations in traffic volumes, whether during the peak hour or off-peak hour, would have a less-than-significant effect on the 24-hour noise level. Response EE-13: f Sound echos (or reflections) are typically produced in rooms where there are many hard surfaces for sound to reflect. In the outdoor noise environment,achieving this situation with hard surfaces is difficult except for inner city areas where there are tall buildings and relatively narrow streets. It can also be a concern on freeways where noise barriers are constructed. For the project site, the distance between the levees is relatively great with respect to the height of the levees. Since these levees are basically earthen berms, they are graded such that the faces of the 4-288 i levees are notP erfectly parallel. In order for sound to reflect between the levees, the levee surfaces facing each other would need to be parallel. In the project vicinity, the sound would tend to hit a levee and be partially absorbed and reflected upwards due to the slope of the levee sides. There would be no measurable effect. Response EE-14: The maximum quantity of water that is intended to be pumped from the interior lagoon of the project would be insignificant in relation to the size of Sand Mound Slough, even during extreme tidal elevations. The preliminary concept for the pump station is that it would be capable of pumping 35 cubic feet per second (CFS), which would be the required pumping capability to limit the water surface elevation rise in the interior lagoon to no more than one foot ' during a 100 year storm event (Bohley, 1993). This 35 CFS of pumping capacity can be compared to an average flow rate during a low-to-high tidal cycle into Sand Mound Slough, of approximately 450 CFS. This 35 CFS can also be viewed as an increase in the water surface elevation of Sand Mound Slough of approximately 1-1/2". As to the comment on water quality, the mitigation measures numbered 3.7-13 through 3.7-17 of the DEIR would be required of either the project applicant or the Contra Costa County/Homeowners Association. The water that would be discharged must comply with the required NPDES permit that must be issued for the storm water discharge. The project applicant intends to construct a biological cleansing process within the lake/channels to clean the water before discharge to Sand Mound Slough. See pages 3-139 through 3-143 of the DEIR for additional discussion of water quality issues. Response EE-15: See Response EE-1 . p 0 Response EE-16: The project plans include a specific setback (20 feet) for future raising of the levee, if necessary (see Figure 3.7-3, page 3-131 of the DEIR). Response EE-17: See Response Z-20. Response EE-18: The perception is that there will be significant vibration occurring during the densification of the subgrade under the proposed levee. In Appendix E of the DEIR, there is a letter from Kleinfelder,Inc. discussing the magnitude of the expected vibrations and setting forth precautions that would be undertaken to minimize such vibrations. If deep dynamic compaction is not 4-289 feasible, other methods are available to obtain the same compaction results, such as excavation and recompaction. Response EE-19: Comments noted. Mitigation measure 3.7-10, page 3-144 of the DEIR specifically calls for the preparation of a detailed Emergency Evacuation Plan to address these concerns. Response EE-20: The General Plan precludes substantial residential development in the flood plain. Response EE-21: As explained above (see Response EE-14), excess storm water runoff from the project would be contained within the project and pumped to disposal directly into Sand Mound Slough. Existing storm runoff from the project area that is presently being pumped by RD-799 to Sand Mound or Dutch Sloughs, would be pumped by the project pump station. Response EE-22: The Homeowners Association would be responsible for the continued maintenance of the quality of the water within the lake/channels. As outlined on Pages 3-141 and 3-142 of the DEIR, the County would perform periodic monitoring to ascertain compliance with the NPDES permit that will be required for discharge of excess waters into Sand Mound Slough. Response EE-23: The intent would be for the Homeowners Association to perform all of the monitoring, with the reports being furnished to the County on an agreed upon schedule. In the absence of, or a breakdown in, the water quality being reported, the County would probably take samples on an unannounced basis and perform their own analysis to assure compliance with the NPDES permit. Response EE-24: Comment noted. The project applicant is proposing an underground drainage system on the project site. Response EE-25: Comment noted. Mitigation measure 3.7-14, page 3-146 of the DEIR is revised as follows: 4-290 3.7-14 An informational packet shall be distributed to all project residents to educate them on the use and disposal of undesirable materials such as motor oil, paints, garden pesticides and other household products. The informational packet should be distFibuted t„ ., ,.* idents upon purchase of each house contained in the CC&Rs for each house. (Responsibility: Project Applicant) Response EE-26: Comment noted. The comment addresses the County's street sweeping program, not the proposed project or DEIR. Response EE-27: Please refer to Response EE-14, above. Response EE-28: No response necessary. The comment is related to the financial burden of future homeowners and is unrelated to the DEIR. Response EE-29: See Response EE-18 and Response Z-20. Response EE-30: Impacts to local service providers are discussed Chapter 3.9 in the DEIR. Both fire districts were contacted regarding the project's impacts and the proposed fire station. Their responses are provided in Chapter 3.9 of the DEIR. The applicant would be required to pay its fair share for all public services and utilities necessary to serve the proposed project. Response EE-31: Please refer to Response EE-30, above. Existing development would not be responsible for funding of improvements necessary to serve the project. Response EE-32: Comments noted. The comment expresses a personal observation of the commentor. See �. Response I-1 regarding school impact fees. The DEIR evaluated a school at this site. If a different site is proposed, additional review and approval by the County would be required. The County Subdivision Ordinance does require street lights on public streets within one mile of any school. The County could consider an exception to this requirement along Sandmound Boulevard. 4-291 Response EE-33: Comment noted. The comment addresses mistrust of Homeowners' Associations to adequately maintain the lake and channels. Homeowners' Associations are often responsible for such maintenance activities. No additional response is necessary. Response EE-34• The location of the proposed park is discussed on pages 3-183 and 3-185 of the DEIR and mapped on Figure 3.9.3, page 3-184, and on all other maps of the project site. Mitigation Measure 3.9-10 proposes that no active recreational uses be located within the powerline easement. Mitigation Measure 3.11-1 describes the CC&R's. The question of indemnification is a legal issue, not an environmental issue. The acquisition of easements for the WAPA line is not the subject of this EIR. Response EE-35• Comment noted. The proposed levee system would allow pedestrian and bicycle access, which is different than the existing levee system. However, pedestrian access to the existing levee is not allowed. Response EE-36: Figure 3.10-1 on page 3-190 of the DEIR is not intended to represent all wells in the project vicinity. The Oakley Mutual Water District is mentioned on page 3-189. As stated on page 3-189, there are also an unknown number of private wells, these are not all mapped. Response EE-37: Comments noted. The purpose of the revised DEIR was to address all concerns identified. The decision-making body may still approve a project that has unavoidable adverse impacts. Before doing so, however, the decision-making body must make findings demonstrating how the benefits of the project outweigh the impacts of the project. The Statement of Overriding Considerations must be approved with certification of the EIR. Also see Response Z-20. 4-292 L i n d a Wadswc it t.h Ix10odhaven Lane Letter FF Cal 1e-.;, C:a1ifcernia '345G1 ' FER "S PM2: 18 February , 1993 DE V, Ccintra fDost-a L:ou-nt•v Community Dev l'opLirlT-, t• Dept . Attention : Mr . Arthur Beresfc-rel 651 Pi-ne =,t.reet. Martinez, C:alifc i,nia 4�L_ Re : Cautnt.y File 'T '-!1 ;=-RZ - Request to re-Zone and approve EIR for property in Reclarriat,ion District. 799, i . e . .Cypress Lakes and County Club et-c . Dear Mr . Beresf oral; The environmental Impact. Report for this project. does not reveal the impact of this levee on the property owners on Sandmound and the area ir, general . What. will the effect of noise between these levees be? What about our entrapment between these levees? What about. air quality between the levees? I feel it. is totally wrong for this subdivision to be considered for re-zoning In it' s present form . Almost everyone in the area would 1 ik:e to sec a new development such as this come into our area . the k:.eyword is into our arca, and not tie allowed to become a community ont.o itself . Their levee within a levee would tear our neighborhood into separated spaces (safe and unsafe zones) . This would be e:.::t.rerne'ly unfair to the people living on ' E:andm mound, Cypress and all areas nearby . This subdivision would not be an improvement to the area and instead would be a total injustice to our entire community . It isobvious to anyone, that a levee surrounding the new subdivision would immediately speak:. a thousand wards and the huge statement. would imply that the rest of the immediate area should be considered less than desirable and unsafe . If , in fact a re-zoning were to be considered, the entire area rightfully should be included in this safe gone . This new subdivision should be part of this expensive recreational area and not be barricaded within a dry levee and becc�rrie a interruptive community within our community . The only reason one would even consider such a disturbing venture, would have to tie the added t.a:::: revenue the county would gain. I certainly hope this re-mooning issue is re&,lved to benefit. the entire existing area instead of just. this particular developer . I sincerely hope our Board of Supervisors will consider the devastating effect this will have on our property, and insist that. this new development come into our neighborhood in a more friendly fashion . It is appalling to me that only recently has it become clear that they intend to surround the new subdivision with huge dry levees . Please stop this prcaject with it' s levees now, and make sure we all become safe. . . . . Si rely, Linda Wadsworth 4-293 Response to Letter FF: Linda Wadsworth February 2 1993 Response FF-l: See Responses EE-12 and EE-13 regarding noise impacts. See Chapter 3.3 of the DEIR and Response EE-9 regarding air quality impacts. See the DEIR, Page 3-139 for a discussion of alternative levee improvements. The potential for internal levees was discussed as part of the Bethel Island Specific Plan, the County General Plan, and in the NOP and DEIR for these projects. Also see Response EE-20. Comment noted. The remaining comments represent the opinion of the commentor and C g P P does not address a significant impact on the environment or the adequacy of the EIR. No additional response is necessary. 4-294 4.5 PUBLIC HEARINGS 1 .r 4-295 Letter GGPublic testimony) Y) EAST COUNTY REGIONAL PLANNING COMMISSION MEETING February 1, 1993 Present: S. Planchon, E. And=ieu, J. Hanson, D. Maybee, E. Sobalvarro and E. Wetzel Absent: H. Hern Staff: M. Fleming and Art Beresford Chairperson S. Planchon: Well, now we'll get down to the stuff that all you people are really here for tonight. It's about time, ha. Before we get started, before we get started and open this up, any of you who wish to speak on the Hotchkiss Tract bring your papers up and give them to Debbie there. Commissioner E. Sobalvarro: We have a whole stack, move to 5 minutes. Chairperson S. Planchon: Before we get started on this again, a little bit of background on this and what we're going to consider tonight so they'll be no mistake in what we're trying to do. (In background, number 1 is on the top, thank you. ) We're going to open up number 4 on the agenda and we're going to talk on the modified EIR. We're going to spend the evening on the modified EIR. Staff recommends that the East County Regional Planning Commission take testimony . concerning the revised draft Environmental Impact Report, close the hearing and allow further written comment on the EIR to 5: 00 p.m. , Tuesday, February 16. That's only a recommendation at this point. Last August, but rather last September and October, the East County Regional Planning Commission held hearings on the EIR for the Cypress Lakes Project. As a result of those comments the EIR was revised and a new draft EIR was circulated. In December 1992 the State Court of Appeal set the Bethel Island Area Specific Plan aside. As a result of that court action there is no longer a Bethel Island Specific Plan. The controlling document in regards to development in the Hotchkiss Tract area is now the county-wide General Plan. Would you like to give us some background on this, staff? M. Fleming: Okay, just for the record I just want to clarify that this is A.J. Salomon Chartered Land & Cattle Company, Applicant, and Three Sisters Trust and it's County File 2918-RZ 3032-90 and Subdivision 7562 , and we will be taking testimony on the EIR and we just like to remind people that, um, the comments need to be on the adequacy of the EIR. We're not ready to address the project itself yet so we would ask the people confine their comments to the EIR question. Um, I don't think we have any other comments unless you'd like to have Art just go over the general 1:\vol2\clicn1\19018\I-CRPC.021 4-296 description of the application before you do this. Would you like to hear from him on that? Chairperson S. Planchon: Uh, would the Commission like to hear? They nod "yes. " M. Fleming: okay. A. Beresford: Well, you've heard this before commissioners and the large map behind you is the site plan proposal for the so-called Cypress Lakes development which is a planned unit development consisting of the applications of 9-1802 to be zoned a site from general heavy agricultural zoning districts to planned unit developmental, P-1. Within that development would be a planned development, planned subdivision to create 1, 330 residential units surrounding partially a lake and a golf course. There's also a proposal part of the development is to levee the site, to remove it from the 100-year flood plain to allow for construction of residences on the ground surface and I might say there would be further development plans that need to be filed for the club house site and let me see, correct me if I 'm wrong, I think that's it. Uh, there is also a proposal for a fire station on the site which the developer would have to construct, a school site, a beach club and day care center. Uh, the extension of Cypress Road across the site to Sandmound Boulevard and, of course, off-site the improvement of Sandmound, excuse me, Cypress Lakes then Byron Road off-site. Also connection from the site to Sandmound Boulevard to the north. Um, that kind of covers the general gist of what the proposal is for. What it essentially is 1, 330 single-family residential units, um, surrounding a lake and channels and a golf club and golf course. There are also wetlands on the site probably in the area to the east so called Willows area south of the school site, I'm not sure along somewhere, but wetlands are to be preserved and, uh, protected along the site, oh, I'm sorry, there's a wetlands area near the golf club house site. Um, as I say, this hearing is primarily on the adequacyof the revised draft EIR, taken particularly because some, of the issues raised and also as you no doubt know as Chairman Planchon mentioned the Bethel Island Specific Plan does not exist any longer so the EIR would have removed those references to the Bethel Island Specific Plan. The governing document now is the county General Plan. I could pin it up for you but it says Specific Plan and I would have to modify it but the land use designations are the same. This is still the off- island bonus area and it allows for residential developments up to 2 .9 units per net acre if adequate publicly accessible recreational facilities are provided. Itl.s . one of the decisions you'll ultimately have to make, is this adequate for the density proposed? I also mentioned there is the . existing power lines which run through the extreme southwest corner of the site, the older power lines, are you all familiar with that I'm sure, and of course you, I always want to say WAPA ,but the new power lines that run through 1:\vof2\clicnt\19018\1-*(:RI'C.021 4-297 the southeast corner of the site and those have recently been constructed. There are also three small, relatively small parcels which are not part of the project, �uh, property owned, there's two one acre, approximately one acre sites. and I'm sure this site here I think is about a half an .acre ..or .a little less. They are not part of the project and.. � you :Tought. to. consider some of their conflicts and I'm sure you'll`' hear their discussion on that with the project. I don't know, are there other questions? Essentially what you're hearing now is the 'adequacy or non-adequacy of the revised draft EIR for the projects. Commissioner J. Hanson: You said there are still the three units that are within. r - A. Beresford: These three properties are not a part of the project. Commissioner J. Hanson: They're still within the project. A. Beresford: Those are still there, yes. Chairperson S. Planchon: Okay, thank you, Art. A. Beresford: Sure. �. Chairperson S. Planchon: Well, we're going to open this up for the public hearing. I have. . . A. Beresford: May I say. I should have introduced Scott Steinwert, who is the consultant on the Environmental Impact Report who will give a presentation and answer any additional questions you may have. Chairperson S. Planchon: At the end or right now would you like to have him? A. Beresford: Usually I think at the. beginning of it. . Chairperson S. Planchon: Sure, come forward. A. Beresford: Go over some of the changes that I should have mentioned. S. Steinwert: I 'm Scott Steinwert with Public Affairs Management and as Art indicated our firm prepared the revised draft EIR. Just as a point of reference our firm also prepared the first draft EIR that was beforeou several months ago. Um I'd like to Y g dust point out some of the changes. I know it's getting late and we got a lot of people here who want to speak on this subject so I'll try to be brief. I' ll just try to highlight some of the changes that we've incorporated into this revised draft EIR. As Art mentioned in L\vo12\c1icnt\19018\1'CRPC.021 4-298 �i show this conflict? To me, it looks like a conflict of property ownership or you know, when I look at what the map looks like. M. Fleming: Well it is a matter of concern, it's an issue that we want to examine in making a determination on the project itself but it is not something that would seem to be an environmental L\vo12\c1icnt\19018\1:C RIT.021 4-300 response to comments on the .first draft EIR, the project applicant revised their application to include some additional information about the project design and their mitigation measures. That information has been incorporated into this document into the revised EIR and evaluated as to its ability to mitigate the impacts of the project. There has also been some additional technical analyses that were conducted in response to some of the comments on the first draft EIR. To point out some of the areas that have been revised and where additional information has been included, some of the additional information that has been included regarding the landscaping of the project and the golf course maintenance issues. That has been added to the EIR and we've evaluated that as part of the revisions. Um, additional information about the issue that needed to be addressed in the EIR. So that is something that when we talk about the project itself is an issue that should be included. That item will follow the EIR hearing. Once we have finished with that then we will open the hearing on the project jI again and discuss. Commissioner J. Hanson: So it's not appropriate to hear. It would �I be a traffic issue -- we don't hear traffic issues? . M. Fleming: Yeah, when they are part of the environmental impacts and that is what we are hearing with. the EIR, traffic li issues. Commissioner J. Hanson: I mean, to me it would be a traffic issue �) because it involves a public, it involves access to property and a road. It just seems to me that that would be an environmental it is an impact. S. Steinwert: Right, in the fact that you have brought it up at J this public hearing we will make sure that we will address it in the final EIR. Commissioner J. Hanson: I would like to see it. M. Fleming: Any comments that the Commissioners have as well as � the public on . issues in the EIR will be examined in the final. Commissioner J. Hanson: Okay. S. Steinwert: Thank you. Chairperson S. Planchon: What we are talking about mainly here is impact and mitigation measures. We are going to be talking again about the modified .EIR.. I have 12 requests here to speak and looking at the time over there, we'd like to be out of here by 11 1 if possible. If we take each one of these, when I have 12 and give - j them each 5 minutes maximum to speak. . I Voices in audience: No, no, you're not fair. Chairperson S. Planchon: At . this point in time let's try that and we will go from there. Voices in audience: I have a certain amount of talking to do. So do I. So do I . Chairperson S. Planchon: Well, we will play it by ear. And one more makes 13 . (background voices) Again,. we would like to have you confine your speaking to the impacts and mitigation measures of the EIR and if someone before you says certain things, 1:\vol2\crc n I\19018\r:CRI :.021 4-301 try not to repeat that if possible, so we can move this thing along. So with that we will have the first speaker, Diane Shipway. Diane Shipway: I am going to try to be brief, it may not work. First, I have to complain about the meeting notifications of this project. My neighbor called me at 1: 15 and asked me if I was going to the planning meeting. I told him that Art had called me a few weeks before and had told me about it but I hadn't received a GG-1 notice. My neighbor told me he had his for about 8 days, which gave him a chance to look over this 1-3/4" document. I'm not the only person who has attended these meetings and then have not been given notification. Rhonda Hanson didn't get noticed, Bob Counsel, ,John Zoocaucus, Richard Kent, Gus Burkaltz. They haven't gotten notices. Anybody else? Some people didn't get notices. chairperson S. Planchon: Just a moment, I will ask the Staff over there. Have they been properly noticed on this, everyone in that area? D. Shipway: I found out mine was the wrong address. I did find that out. I did call Art, Art called me back, it was a problem. I have had a post office box for 20 years that I have lived on Bethel Island. They sent it to my post office box in Oakley. Chairperson S. Planchon: My concern is, is have they been mailed out? That's my main concern. M. Fleming: Notices should have been mailed out to anyone that was within 300 feet as well as anyone that had given us a green card before. Now if something got overlooked, I 'm not aware of it. D. Shipway: I have been to all of the meetings and I put my correct address on everything I have spoken about and I still didn't get a notice. Female from audience: They sent this out 2 or 3 days ago telling us about a meeting the 16th. Nobody said anything about this meeting. (background voices -- I got that one, I didn't) D. Shipway: I got that one with my corrected address. A. Beresford: Chair, 400 notices were sent out about the meeting for hearing tonight. Chairperson S. Planchon: 400 notices were sent out. A. Beresford: And that may have been inadvertently . . . D. Shipway: I did talk to Art, there was a problem with my address. 1: vola clicnt 19018 FCR11C.021 4-302 Chairperson S. Planchon: Let's go ahead and continue. D. Shipway: So I was lucky enough to get my neighbor's EIR and I borrowed that for a few days and I have read quite a bit, but I still feel that I am unprepared to address all the issues without more time to peruse the material. I am requesting that you hear what we have to say tonight, but I am also asking that another public meeting be held to give everyone a chance to read the copious amount of material that has been presented to us. This is a big enough issue to be decided, this is too big of an issue to be decided in a short amount of time. My neighbors and I will be affected by this project forever. The developer will be gone in 5 or 10 years, this Commission will be filled with new faces and the Supervisors will be on to other things. You have to listen to our concerns and apprehensions and realize why we want some guarantees. This is my family's and my life and future you are planning, so please take us into consideration when you make your decisions. On page 3-35 the report on traffic, the report states that summer weekend traffic can occasionally be quite heavy due to boaters and recreational activities on the island but the report doesn't think it will be any problem. But did they take into consideration that Bethel Island's economy is based on these boaters and RVs to get there easily. If we are subjected to 5 or 10 years of road work, which they state on page 3-56 and 3-74 , these people will go somewhere else because of the hassle of getting here. Five to 10 years of construction traffic and road work is a long time for a small recreational area's economy. On GG-1 Page .3-38 , the report states that most of the bike traffic for children riding to school. That is because our area has grown so fast and the funds for schools are not enough to keep up with the schools and these parents don't have $250 to pay the fees to get their kids bused to school. On page 3-40, it states that this traffic analysis has not been conducted in detail beyond State Road 4 in Antioch. Well don't you think it should? That is where the jobs are, that's where the hospitals are. It needs to be considered. I 'm worried that on page 3-53 , the thing that states projects that would be required by Cypress Lakes itself without any other development taking place will come to be. I 'm sure everybody knows about the Hoffman Vintage Park School deal. What are our guarantees? On page 3-70, it states that the name and the phone number of a designated dust control coordinator will be posted at the site. Shouldn't the neighbors be given this information up front? How can we be sure where on the 685. 9 acres this notice will be? Will an on-site construction office be on-site, will it have regular office hours, with a person to talk to? What do they consider high winds, small craft warnings, gale warnings, storm warnings, hurricane warnings? We need a definition. on page 2- 22 , they state extreme winds. Small craft is up to 38 mph, gale is 39-54 mph, storm is 55-73 mph, hurricane is 74 mph. What is their definition of extreme winds? And again on page 3-99 , there is still no four-story homes on Sandmound. On page 3-101, there I:\volt\clicnt\19018\1?CRI'(:.0?1 4-303 is pesky power lines again. Will Medi-Vac be able to land behind the fire house? Would it. .be safe for pacemaker patients? I understand that there are experts on both sides of this issue, but from a lay person's view I feel the power lines need to be studied more before we put homes right next tothem and parks and children's playgrounds underneath them. On page 3-101, it states often times smoke and haze obscures the mountains making them less visible. And it says to see Figure 3 . 5-3 . But the views in Figure 3 . 5-3 face east, north and northwest, there are no views towards the mountains. If we have a hard time now seeing the mountains because of smoke and haze, do you think we need 1, 330 more barbecues and traffic? On page 3-105, it states views from the west from existing homes along Sandmound would be obstructed by the levee and proposed project. FEMA states that the levee system should provide protection from flood. From the project standpoint, it will protect them; but from our viewpoint it will increase our damages. I would like to see a report from FEMA stating how this levee has to look from my side. The report says no rock, but what does FEMA say? The project describes landscaping, will FEMA want riprap? That is going to be real pretty. It depends on which side you are looking on and again it is one of the unavoidable consequences of this project. On page 3-106, the report talks of landscaping outside the levee project to provide additional screening. Should be trees and shrubs if it doesn't affect levee maintenance. But when the levee district cleans our ditches now GG-1 there are no trees or shrubs left, then they want to plant cottonwood. Not a good choice for those of us who have allergies. On page 3-109 , the noise measurement program was conducted during the weekday because it is typically noisier than weekends. The study was done on May 26 and 27 . How can it be noisier? The kids are back to school, the tourists are gone and everyone else is back to work. Another report that can be written for the results that you want to obtain. On page 3-113 , it states levees would reduce noise level on the project site but no mention of how the noise will echo between our levee and theirs down in our gulch. On the hydrology and the drainage, I would like to see 799 reports but I do have a few comments. On the water quality on page 3-129, again the pump station for benefit of project and their capacity. During storm periods excess water would then be pumped to ultimate disposal and Sandmound Slough. This would increase the amount of water into Sandmound Slough along with whatever else is in the water. Will this have a great impact on us when we have 6-foot tides, full moons and the south storm happening? I think so. On page 3-130, it says rock will not be utilized generally placed on the exterior slope which is our side of the water side to protect from erosion. The proposed levee will be built on dry ground and not adjacent to any waterway. For now that may be true, but if we flood, it will be adjacent real quick. On page 3-133 , to prepare for future raising of the levee, the report proposes adding material to the outside levee which is our side. No change to the interior side of the levee which is their side and the toe ditch 1:\%,o13\c1icni\19018\1:(:R11C.021 4-304 would need to be relocated. Again, on our side. New levee may settle during construction. Consolidation would occur during levee construction and possibly one or two years thereafter, but would not have any affect on adjacent structures. Again, what guarantees do we have? The groundwater, along with the levee this is another major concern to me. While the project is dewatering and bounding a swath 100 feet wide by 15 feet deep I really feel my house will rattle itself apart and I don't care what all their fancy engineers are saying. Also, nothing was mentioned about our underground water and sewer pipes being affected by this pounding and dewatering. We need some sort of bond to protect us from such eventualities. On page 3-135, if the existing levee fails, the project will be protected by the internal levee. Well that's nice. They are protected and stranded and we go over there for evacuation. Do we go to the golf club house or do we go to the beach house? Then what? On the same page, it makes references to Appendix F which is a will-serve letter from the Oakley Water District and has nothing to do with the water quality.. State flooding is speculative and cannot be quantified. But it is a big enough possibility that a levee needs to be built all the way around the project because their engineers say our levees are a nightmare. It sounds real ambiguous to me. I 'm very concerned with excess storm water runoff. Who will monitor and maintain water quality of the lake and the channels? The report states the GG-1 pumping of this water into Sandmound Slough would provide a beneficial impact on water quality of Sandmound Slough as long as the water quality of the lake and channel is properly maintained. The phrase "as long as" is very important. What if it is not properly maintained? Who will be responsible? On page 3-143 , it states that the County would periodically monitor storm water discharge for pollutant levels. Does the County have the manpower and the funding for this? Who is going to monitor during the storms and periods of high runoff? What if they have to make a choice between releasing pollutant waters or them flooding? What will they choose? On the same page in paragraph 3 . 7-2 , they get underground storm drainage pipes on page 3 , on the next paragraph 3 . 7-3 , exterior side--my side--we get drainage ditches. Something is not right there. On page 3-146, paragraph 3 .7-14 , the information package shall be distributed to project residents upon purchase of each house. What about on the resale? Down the road people will come and go and newcomers will not be informed. What about new residents who don't care to be educated? On paragraph 3 . 7-15, I love this one--this is my favorite--the street sweeping program. I can't tell you how many times I have had to swerve around all of the street sweepers I have seen from the County on our road. (Ha) I 'm joking. I would like to see the County's existing street sweeping program in the June with the new budget. On 3 .7-16, I don't trust the project to maintain the lakes and channels. I think an impartial entity should maintain water quality. What will the homeowner's fee be ultimately? They sure state in a lot of places that if the County won't pay, the 1:\vo12\c1icnt\19019\1'CR 11C.021 4-305 i homeowners will. What will that be on top of a $320, 000 mortgage payment. I'm getting there--I'm reading fast. Okay, on page 3- 157 on the liquefaction, it says excavate, rework, intensify the loose, clean and silty sands under the levees to a depth of 10 to 15 feet. Its heavy weight has be worried. They say would not have any affect on adjacent residents. If they are so sure of their statements, then a cash bond would not be an unreasonable condition. I can feel the school bus come down my road now. What will a constant vibration do to my house? I don't know, but my homeowner's won't cover it. I think this problem is going to make some lawyer somewhere a very rich man. On public services, for the fire department I would like to see the fire department responses. Building a site is one thing but the emergency response equipment, 1 the administration, the staff training and overall maintenance is another. We are facing a new assessment on us now because of State budget cuts and the County is talking of cutting fire services. So how will they afford this addition? On police protection, another County service that is facing large budget woes. With the budget cutbacks, how will we fund another officer and equipment? We will know in June if the substation stays open. It is already shut down at night. I would like to see the Sheriff's Dept. report and I still see no mention of the marine patrol. On the schools on page 3-174 , states Liberty Union High School District provides busing. It should say that it provides busing for a fee of $250/child. We have built three new schools and they are all at or beyond capacity. More funding will be needed to fund such schools. If we vote down bond measures, we will just be hit with GG-1 a mello roos tax on a permanent- annual basis. What will happen to that 10 acres after OUESD just determines that the school site is unacceptable due to the location within the project. It is too close to the schools, it is too close to the wetlands, it is too close to the lakes, it is too close to the pump outs. What will this 10 acres be when this 10 acres is not going to be a school site? What is it going to turn out to be, will it be 10 acres of RV storage? We'd like to know. County Code says street lighting shall be provided along all streets within one mile of schools. If get a school at the designated site, we will be lit up like day time. That will be more than just a glow. On parks and recreation facilities on page 3-183 , the lake and channels would be cared for, maintained and operated by the homeowner's association. I don't trust them to protect my interests on the outside of the project. It is my understanding that the project has paid big bucks for the easement for the power lines, now they can use that land as open space and parks, build up right next to it, then give it to the County for public parks and the general fund pays for it. Is that right? It still looks like the major portion of the public park is under the line and this issue was sort of skimmed over in what I have read. When incoming residents get a copy of the CC&Rs stating that they are aware of the health issues relating to living near the transmission lines, will that release the developer of liability? The project still wants trails on top of the levees I:\volt\clicnt\I90IR\1:(:I&C.0?1 4-306 encouraging bikes, pedestrians and golf carts which is still inconsistent with existing levee uses. If you can use one levee, the residents will assume that they can use others and that is not the case. How do they plan to keep these people out of my yard? On the water on page 3-190, they still don't recognize that the Oakley Mutual Water District has two wells on the street and I know that there is other wells that are not in the map. Does that mean that they don't have to worry about us? I know the project has spent a lot of money on the original report and this second report GG-land it certainly looks like they have addressed all of our concerns, but the outcome is still the same. They paid big bucks to get the issues addressed so it would pass through you and on to the Supervisors, but nothing is resolved about the levees and the dewatering. I 'm still concerned and I don't feel they have put in any protection for the neighbors already here. The phrase I find consistently is "unavoidable short-term impact" which I translate to mean stuff happens--and you know what I mean. I recommend a cash bond be posted so when stuff happens we will not have to spend years in court with high dollar lawyers trying to get compensated for problems we are telling you about now. And again, I would like to request another hearing on this matter so the people who didn't get notified have a chance to respond. Thank you. (Applause) . Chairperson S. Planchon: Diane has to be first because she said she couldn't speak very well . (Ha) Darrell Edwards? Darrell Edwards: Mr. Chairman, Commissioners, I am Darrell Edwards, resident of Sandmound Blvd. soon to be Sandmound Gulch. I really feel very limited after that eloquent presentation by Shipway, I mean she is something else. Uh, I want to address something that probably isn't something that is supposed to be addressed tonight, but it is the economics of this project. To make it viable people have to buy these homes on these 5, 000 square foot lots. Now, if they don't buy the houses, then the project fails but in the meantime we have levees that have been built after we have had this wonderful thing called "deep dynamic compaction. " We've also experienced the joys of dewatering. So we have gone through the hell and now we have a levee that we have to live with GG-2 and a project that may or may not be viable. In the EIR they mention that parks are going to be dedicated. Well this is 1993 , Bill Clinton is going to raise taxes on all middle class people because we have a terrible deficit. The State of California has a terrible deficit. We are firing anybody in the County that can't do three jobs. We cannot expect that the County is going to take over the maintenance of parks, beach clubs, golf courses or any other thing in this project. This project has to be self- sustaining. The project residents must pay for everything that happens in this development, unless we have a miracle and everybody becomes fat and sassy. So my concern is, what are all these costs going to be? They are not addressed in the EIR. I did some preliminary numbers and because I don't have anything to go by I L\vo12\c1ient\19019\1 iC.RPC..021 4-307 /J just kind of guessed at what some of these costs might be based on a little bit of experience -.with 799 and what their costs are for pumping water around, etc. Now I took a typical sales price for the cheap seat house at $175, 000, took a 10% down payment, which left a balance to finance of about $162 , 000, 30 years at 8%, puts it around $1, 200 a month just for the payments. Now the taxes are around $2 , 200 per year, about $182 a month. Insurance I just factored in about $100 per month. Then we get down to lake maintenance. Now we have to have according to the EIR this water running around 24 hours a day. They don't tell us how big a pump. Now in rec 79 we have 50 horsepower pumps, 40 horsepower pumps, but they don't run 24 hours a day. When we are pumping a lot of water we are running $2 , 000 to $3 , 000 a month. What is it going to cost to circulate all of this water 24 hours a day. I say it is going to cost every homeowner in there $100 a month. They are going to have to pay because they can't get out of rec 79 , they are going to have to pay at least $25 a month probably towards the rec 79 fees. The golf course is going to cost them $50 a month, the park maintenance is going to cost them $50 a month, the street sweeper that Diane Shipway has to run around is going to cost them $10 a month, and the beach club is probably going to cost them $20 a month. That is roughly $300 a month on top of all of these other costs that these people are going to have to afford. That equates to almost $2, 000 a month and you have to make about $6, 000 a month to be able to afford that kind of payment. People that are making $6, 000 a month in grossincome are not flocking to East County to move into Cypress Lakes. The retiree is certainly not going to 1 GG-2 come into a 5, 000 square foot lot to spend his weaning years when he has an ozone thing thatis going to make his respirator work overtime. My concern is that if we are subject to the deep dynamic I compaction, the dewatering and this unsightly levee that is going to put us at jeopardy and this project fails, what are we stuck with? So, maybe we need a completion bond put up by the developer. Diane Shipway mentioned the bonds for all of us on Sandmound who maybe affected by deep dynamic compaction. I think it is only fair because we can't afford to go out and hire an attorney if we have a problem. Now, if it seems equitable that prior to this deep dynamic compaction the developer wants to bring people into our house with video cameras and do the outside and the inside and let's see this is how the house looks before deep dynamic compaction and here is what is left of it afterwards, Voice from the audience: I ' ll volunteer. D. Edwards: That sounds pretty reasonable to me. But I don't want to be placed nor do I want to put my neighbor's place in a position where they have to go out and hire a $195/hour attorney to protect their rights. We are here, we don't need problems. There are so many things that have to be paid for in this thing, I don't see how anybody is going to have the money to make this thing a viable attraction. We have houses right now, single- •` I:\vola\clicnl\1901R\1:(:Itl'('.11?I 4-308 family detached, 3 to 4 bedroom houses that are sitting vacant, and they are for sale at $129, 000. Now, I can't see a stampede to Cypress Lakes. I 'm sorry. Lakes that you can't go swimming in. "No skin contact. " If you did you'd probably die of some sort of overdose of chemicals anyway from the golf course. So, you know, it just doesn't make any sense to me. Again, the definition for extreme wind. Mr. Chairman, you are a handsome man--that is a pretty broad statement, but I need to know what extreme wind is. Is that 10 mph, I want to know. Because you know we all have these little things that tell us how the wind, we are all down wind from this project. We want to know what extreme wind is so if it says it is 22 mph, at 23 mph I am going to be on the phone to that number that I had been provided and I'm going to be calling that guy and say shut that sucker down because we have extreme winds. And by the way send the street sweeper over to sweep up Sandmound. It's terrible. I mentioned the last time I was up here (or one of the times I was up here) that we have what is called poor men's air conditioning out where we are. In the afternoon the wind comes out of the west so you open up the windows and that lets the heat go down. Can't afford PG&E. Chairperson S. Planchon: Is it a strong wind? D. Edwards: It is an extreme wind. (Ha) The last thing that, you know, I don't have any experience with this document and quite frankly this is a real snoozer. I question, like on the last page of the green sheet or blue sheet (excuse me) it says, energy an GG-2 average dwelling unit could be expected to consume approximately 4 , 869 kilowatt hours a year. These. are all electric houses there is no natural gas. They do have an option for propane. Do you know what PG&E says? I called the rate department in San Francisco. They said, son you are reading a sales brochure. Talk maybe 10, 000 hours, we are talking 6, 000 more hours per year than what they say here. That equates to $150 a month in PG&E bills before the County adds its little utility tax on it because we need more money in the general fund. This is going to be an awfully expensive project. I'm going to sit down because other people have very interesting things to say but we are going to talk about water quality going into Sandmound and all of these great things and they have to be addressed. I am not personally convinced that a 50- foot reach in the levee is. going to stay 50 feet wide and only going to put in, there are nice little charts in here, but I'm not an engineer. I don't believe it is going to stay 50 feet wide and I don't think that there is going to be just X number of gallons per minute going through that ditch. I think from what I've heard that these levees when they do break all of a sudden they get 400 feet wide. Now if it is 2 o'clock in the morning and we have a 7 foot tide and Earl is sitting across the street and his house is on the ground, how much water is going to come through that broken levee real fast and make it awful difficult for these folks. You people have a huge decision to make and I don't envy you, and they 1:\%•o12\c1icnt\I1X)IA\1 iCla1C.02I 4-309 couldn't pay me enough to do what you have to do and listen to nuts like me. Give some real serious thought and thank you so much for your time. (Applause) Chairperson S. Planchon: Elaine Dannelley? Elaine Dannelley: (Read from letter dated January 26, 1993, attached) I want to know if three times is out? How many times do the residents of the Hotchkiss Tract area have to review and respond to an EIR that does not address the hazards and extra costs the developer and the County are trying to force upon us? On rezoning, residents moved to this area because they wanted to enjoy the country climate, not to have a city brought to us. We do not 1 want our A-2 zoning changed to P-1, limiting us to the number and kinds of animals we can enjoy on our property. Okay, with uses, we feel that this area could be used for other purposes, such as a wildlife preserve. Since there are at least three special status animals on the property. These are burrowing owls, pond turtles, Northern harriers and possibly others because it is in the range of the kit fox and the golden eagle. Ms. Hanson brought up the fact about my easement and to me it is traffic and it is very important. I have horse trailers, I have to be able to get in and out of my property. With the change of the easement is proposed on this development I would have four and five 900 turns and if there is a sound wall up, I cannot. possibly make it. I don't have a big rig, I have a smaller rig, but I can't make it. My easement has been in existence for over 50 years and I do not feel that I should be jeopardized because someone else wants to take my recorded right. I will fight for these rights, I will not give up easily on it. Personal reasons, here again I moved to Bethel GG-3 Island area for the country atmosphere and to have and enjoy my animals. I do not feel my property should be impacted for the developer's desire and personal gain. I fully expect the county to have the applicant completely disclose to the possible future homeowners the existence of smells, insects, and other hazards of agricultural operations. My setup also has an attractive nuisance of horses and other animals. People in close proximity to my property will increase my liability insurance and emotional stress and strain. This does not mean that I am going to change my lifestyle so the developer can make a fast buck. Sound walls, I see that they are in the EIR again now. I do not want my view blocked and my air circulation cut off by such structures. Cultural resources, the EIR quoted the CEQA standards that an archaeological monitor should be present when grading, excavation 1 and trenching are done. When in reality, trenching was done last Fall without anyone present and will possibly be done again if possible. I request that the archaeologist be dressed in Native Indian garb and have a sign so we can tell him from the others. In the EIR, it also states that Lots 10 and 11 should be removed from the project because they are sensitive to the archaeological conditions and yet they are still on the plot maps. Visual 1:\vol2\clicnt\19018\1:C1ZPC.021 4-310 i aspects, the EIR tries to say putting up a 20-foot levee around 682 acres, building a 60-acre lake and 160-acre golf course does not change the view or the topography of the land. Did they even build a clay model to see the difference from flat? Adverse environmental impacts for "not a part of" residents and I'm the lowest little white spec up there. Since these homes are unique in that they are almost in the center of the development, we feel that if this project comes under construction, the developer be required to indemnify those residents for cleaning dust' and dirt from residences (interior and exterior) , medical costs for unforeseen hazards, and any costs due to injuries to animals, livestock and pets (such as cats, dogs, horses, livestock, and the wild critters) caused by the applicant's construction operations. Compaction for levees and I love this one. Since this compaction method is as they say a "relatively new" process and untested in the area, I feel that a bond should be posted to compensate present residents for any damage to wells, houses, and other structures as a result of the constant seismic effect caused by the compaction procedure. Interior .levees, 20-foot walls across from Sandmound Blvd. homes expose these residents to life threatening dangers such as poor air quality from dust and air pollution caused by construction equipment during the 10-year building process, pollution from the new traffic added to the already poor air quality, possible outside levee breaks by storms, winds, earthquakes or compaction process, or high tides, filling the corridor between the levees with no escape for the residents, fire GG-3 danger in which there will be no escape route leaving the residents exposed to toxic fumes and smoke with danger of suffocation, poor or little air circulation in the corridor exposing the residents to pollution and health hazards and exposing the elderly and sick in the area with all of these hazards and causing them undue stress, stress due to the noise from the vehicles, compaction and general construction. Alternatives for the project, presently the best choice for the project would be ( 1) no project or (6) off- site project, because these have no or none of the adverse impacts of the present project proposal. 500 kV transmission lines, these bisect the property exposing much of it to the electromagnetic force which is associated with increased incidents of childhood leukemia, adult leukemia, lymphoma, nervous system cancers, brain tumors, malignant melanoma of the skin, and breast cancer in men. There have been over 100 studies done since 1987 to 1992 that I am aware of showing the adverse effects to people. This one list I have came from Berkeley, the State Health Department. To compare the hazardous conditions of 24-hour exposure to a hair dryer which is used about 3 minutes is ludicrous. From all of the TV and newspaper coverage, people are becoming more concerned about their health and devaluation of their property. Yet, this developer is proposing homes butting up to the corridor possibly causing an immediate ghetto in the area. . There is no cost-effective shielding for EMF other than distancing from the source. Lots with accelerated magnetic field levels over 1 mG should be land-banked. 1:\vo12\c1icn1\1901 8\GC1U'C.021 4-311 ' The "fear of" EMF has been determined to be compensable damage under California law and this factor materially affects the value and the utility of property. Parks, the now (and they have increased it to) 22 .4 acre park at the entrance of the development is still partially under and all adjacent to the 500 kV power lines which expose the public to the hazardous EMF forces. The mitigation is that the intensive recreational uses should be outside the easement. It is still being dedicated to the County so that the taxpayers can support a park that is so hazardous to their health. Why should we be expected to pay for something that can kill our kids? Animal life, changes in the diversity of a species or numbers of species of animals (birds, reptiles, amphibians, fish and shellfish or insects) by disrupting, polluting and destroying their natural habitats will ultimately kill these species. Unique species of animals such as opossums, foxes, coyotes, jack rabbits, quail, pheasants, cottontail rabbits, ducks, and many others, live in the area. The destruction and deterioration of wildlife habitat gives them no consideration or right to life. According to the EIR, some of the species observed during studies on the area are on the Contra Costa County Special Status List and also on the State and Federal lists for threatened and endangered species. These are the burrowing owls, pond turtles, Northern harriers, and possibly southwestern pond turtles. The EIR says there is 9 . 1 acres of wetlands. I'd like to have you come out there right now because now there are more than 60 acres of wetlands. Right? And the gentlemen tonight said that if water stands on property more than two weeks it could be considered GG-3 wetlands. Come on out guys and take a look at it. Plant life, changes in the diversity of species of plants including trees, shrubs, grass, crops and aquatic plants by the destruction of the existing habitats and introduction of new species will completely change the appearance of the area. Relocation and reduction of unique, rare or endangered species such as those in wetlands can completely destroy them. Water, alteration to groundwater by filling lakes can allow an influx of salt water contaminating private and public wells. Aesthetics, the scenic view of open fields, wetlands and small hills will be destroyed and replaced with architecturally mediocre homes. Roads, roads to handle the increased traffic should be in place before the construction begins and not just by saying that there are future roads planned such as widening Highway 4 and constructing the Delta Expressway (which you just said was 10 to 20 years down the road) . If the project needs these roads to handle their new community traffic, the developer should be forced to build the project after the completion of the 1 highways. This project has the potential to degrade the environment, reduce the wildlife habitat, cause the taxpayer a huge increase tax burden, impact the area with increased traffic, noise, pollution, lack of schools, crime and population. All this comes at a time when the County has cut back in all services and is already considering increased taxes to maintain the status quo. Litigation and investigations, I feel this County should postpone 1:\volt\client\1IX)1K\IiCRI'C.0?I 4-312 any consideration of this project until pending litigation is settled and any government investigation completed so the County GG-3 will not be responsible for possibly completing a failed project. Presently, this subdivision appears to be an environmental disaster , to both the animals and residents of the Bethel Island area. I hope the Commission will take these points under serious consideration before approving this development. Thank you. (Applause) . Chairperson S. Planchon: Fred Davis? Fred Davis: Mr. Commissioner, members. Before I get started I would kind of like to nail down what Commissioner Hanson was attempting to establish at the beginning of this particular part of the process. This map that comes with this wonderful document seems to be prepared by Huffman & Associates and it doesn't appear like there is any communication between the map and the people from Public Affairs Management. In particular, about what Ms. Hanson and my wife brought up about our deeded legal easement, cannot be changed, we have attorney's opinion on that. Yet it has been changed on the map. Their own archaeological resource says that about four of the lots to be redrawn or withdrawn from the project and yet they are still on the map. So, what I am asking you is where does the information come that produced the map that you have on the wall? Chairperson S. Planchon: I can't answer that question. We are hear to listen to you tonight. F. Davis: Well, I 'm asking a question. I want to know how come the map doesn't reflect the information? GG-4 Chairperson S. Planchon: I don't have that answer. Does Staff have that answer? M. Fleming: I 'm not aware of the map, the map reflects the application that was submitted by the applicant. F. Davis: Huffman? M. Fleming: Whoever the applicant is on the project. F. Davis: Have you ever looked at the map? M. Fleming: No I haven't looked at the map. F.Davis: How can you comment on it? M. Fleming: The EIR basically is written to discuss the impacts of that project on the environment. [New tape] . . . Get changed until after this whole process is completed. Once the EIR has been 1:\vo12\c1ient\1901fi\1?Clil'C.0?I 4-313 , completed and it is determined that certain changes need to be made in the map, then those changes will be made later on. F. Davis: Well, my concern about the map not accurately GG-4 reflecting the information in the EIR is just simply that it is misinformation and people have a tendency when they look at a document like this to automatically assume it is correct. So I still haven't heard an answer to Hanson's question when this started. M. Fleming: Well, the consultant indicated that he would look at that in the EIR and address that issue in the EIR. In the final EIR. F. Davis: Why can't we get an answer. Specifically when can I get an answer to that? ' M. Fleming: Not at this time, we are not prepared to answer questions right now. It will be addressed in the final EIR. That is why we are taking comments now? Chairperson S. Planchon: The final EIR will be brought to the Board of. Supervisors and you will have another opportunity. You raise the question at this point and time and before it gets to the Board of Supervisors for the final EIR, that question should be answered. Correct. F. Davis: Well, just one other question it's about the catch 22 that you have on the back of the agenda . I noticed the comment period has been extended to the 16th of this month and it says letters will be received and filed but cannot generally be considered confident evidence unless personally presented at a hearing by a witness subject to examination. Now are you waiving that? Because this is a rough draft and I have no intention of handing this over tonight and calling it complete. Because I haven't had enough time. Chairperson S. Planchon: I don't understand your question sir. F. Davis: Well, I'm just quoting this catch 22 at the bottom. You got a disclaimer that says if I don't personally present this and then hand it in, you are not going to consider it as evidence. M. Fleming: Mr. Chair? Chairperson S. Planchon: Respond to that. M. Fleming: You have until the 16th to submit any comments you have on the EIR. Any comments you have. F. Davis: They won't be just filed as it says in here then? 4-314 M. Fleming: No, that has to do with the hearings in general, it doesn't have to do with EIR hearings specifically. he F. Davis: Thank you. I ' deleted about half of this for t rest of the people here this evening. Commissioner E. Sobalvarro: Small point of clarification from Staff. The final . . . what we are gathering now is all the objections, all the questions that they have about the EIR. Then those answers will come to us, is that correct? M. Fleming: Right, there will be another document prepared that will be an addendum to the draft EIR and that will create the final EIR which is what you will end up reviewing and making a decision on. Commissioner E. Sobalvarro: Hopefully all of those questions that there are being asked now will be then answered in that addendum. Is that correct? M. Fleming: Right, any questions or concerns that are raised now will be addressed in that final EIR. Commissioner E. Sobalverro: Right, so you see there is where we have more questions and then from here after depending on what we do here, then it goes to the Board of Supervisors. So you still have us to come back to as well as the Board of Supervisors. F. Davis: In an advisory capacity. Commissioner E. Sobalverro: So there is a lot of time. F. Davis: Alright, try that for a while, thank you. Reference page 1. 6 under discretionary I noticed a reference to LAFCO and I also know that one of the stated purposes of LAFCO for being in existence is for discouraging and limiting urban sprawl. It seems to me that this project certainly would qualify as urban sprawl . Reference page 1 . 12 , financing and maintenance districts. The language is so ambiguous and vague as to defy a rational understanding of the entire paragraph. #3 national pollutant discharge elimination system. It is my understanding nding from rec 799 that permits shall be required and/or water treatment prior to GG-5 discharge in Sandmound Slough. Section 4 on the Section 40 permit, according to the EPA Chief Enforcement Jacqueline Wiley, section 401 (b) guideline generally precludes issuance of a permit to backfill wetlands for a subdivision. #5 development agreement, since it has been dissolved in the absence of a present agreement, how can the terms and conditions be reviewed by the public under which the project will be developed. Page 1. 6, stream bed alteration permit, the local residents will request a public 1:\vo[2\cticnt\11)019\1'(:I2I'('.021 4-315 hearing upon application for a stream bed alteration permit from California Dept. of Fish & Game. Also for the Section 404 permit residents will request a public hearing on permit application. ' Page 2. 4 , 3-1, land use planning and public policy, general plan policy. That development plan density should be at density maximum causes nearly all of the problems associated with the attempts to mitigate the adverse impacts of density. Jobs/housing imbalance is not mitigated by calling a 10-year build-out a short-term unavoidable impact. EIR should provide a description of the number of jobs, types of jobs, pay scale and whether or not those job holders could afford a house in the project. Page 3 . 56, section 3 . 2 , transportation circulation. The EIR variously lists 10, 287 vehicle trips a day on page 2 . 6 to 12 , 017 trips a day on page 3- 29 . Small discrepancy there of about 2 , 000 trips and in addition, page 3-56, second paragraph states that without the Delta Expressway project and Route 4 improvements the Bethel Island Area cannot be accommodated without severe traffic and congestion problems. The firm on the road improvements to the future is not a mitigation. We are in agreement with well planned communities such as Brentwood who require street road improvements to be in place before the first house is built. Anything less than this stands to make East County residents second class citizens. Construction traffic impact, does not begin to address the 1 discomforts and inconvenience and associated health hazards from living down wind from 700 acre dirt storms for 10 years. Should be mitigation measures for cleaning peoples houses, boats, vehicles on a weekly basis and indemnification for damage to residents' GG-5 property, personal and real . Simply stating that the traffic exceeds Bay Area Quality Management District guidelines for Rog and Nox pollutants does not relieve the developer and the County from responsibility for compliance with the Bay Area 1991 Clean Air Plan. In light of the Clean Air Act of 1991, why would applicant use 1970 Federal Standards and 1967 State Standards for the pollutants mentioned on air quality data table for Bethel Island 1988-1991? Page 3 . 4 , vegetation and wildlife, animal population tabulation, was done inefficiently and incorrectly. Mainly by omitting many species and incorrectly stating others may be present when in fact they are present. We feel that removal of 700 acres of habitat adversely impacts the wildlife simply to infer that this is not detrimental to wildlife because there is still some habitat left is willfully ignorant, inherently dangerous to the survival of all wildlife. 3 . 106 performance for visual resource policies, the statement that the project site topography would not be changed visually is outrageously wrong. We feel that it is impossible to dig a 60 acre lake plus channels 20 feet deep and pile the recovered spoils into a containment dike 20 feet high and at the same time contour grade 160 acre golf course and erect 1, 330 homes with associated streets, curbs, gutters and sidewalks and then say that the visual characteristics have not been changed significantly. This is an amusing grave example of fork tongue english. Additional mitigation measures, the entire paragraph 1:\voi2\ciicnt\19018\LCR 11c.021 4-316 about a landscape maintenance district and/or other funding source is vague, imprecise, and ambiguous in that no one place in the EIR ever states how much of a monthly burden homeowners are assuming in terms of assessment district and/or homeowners, association dues and other so far not revealed costs. Section 3 . 6, noise, it is idle speculation to attempt to qualify the noise that will be generated by doubling the area population. Under the construction noise aspect of that section, on B, "operations of any machine or device which generates a noise level greater than 95 decibels at 50 feet should be prohibited wherever is feasible" You know I got a picture of a guy running around with a tape and a sound meter in one hand. Who decides what is feasible and why would the prohibition be conditioned? This is an example of inadequate attempt at noise mitigation. This temporary short-term impact ' would be unavoidable. This bears keeping in mind that their definition of a short-term impact appears to be as long as 10 years based on their own build-out schedule. Hydrology and drainage, , (a) in general detention basins are a poor design feature and cause more problems than they solve, (b) parks and playing fields should not be required to act as detention basins simply when the park is the hottest point on the project site. Ground subsidence on page 3-125, the EIR attempts to down play the seriousness of the ground subsidence potential when the following factors are considered (while ground liquefaction during but not necessarily limited to seismic advance dewatering of the ground during construction then followed by excess pumping of 805, 200 gallons a day of groundwater) . The above combined with a new and relatively untested method of compaction by the soils engineer reports own GG-5 admission could very well damage existing levee and residences. Therefore, we insist a bond should be put up by applicant to indemnify a present homeowners and RD 799 against any damage caused ' by applicants construction activities. Page 3-129, drainage on- site impacts, section 1, second paragraph statement that they would pump excess storage water from lake in the Sandmound Slough violates MPDES requirements that water be drinkable before discharge and that is coming according to 799 . Page 3-133 , the groundwater, first sentence, the proposed project is short-term "three to six months localized impact on groundwater during excavation activities for the levee channels and lakes. " The above sentence either represents an all time record and heaping, piling and throwing the soil or is a minor one lying as a pastime. The section on seismic resistance in regards to seismic resistance engineers in general have a very poor track record in designing earthquake resistance structure as evidenced by the numbers of buildings, bridges, overpasses and dams that have failed during earthquakes in the last 30 years. Water quality, the quality of Contra Costa County District water depends on what you are comparing it to. Few people drink it, those that do generally regret it. The Delta is not subject to a sonami anyway. Any school boy in California knows that a sonami is generated by seismic activity and not the wind. The statement that the storm I:\vci12\clicnI\1701 8\1:(:Itl'(..02I 4-317 ' ' drain system would be a wet system with water standing in a storm drain pipes at all times converts the storm drain system to a sewer system. Truck disposal stored drainage is the most inefficient expensive method I have ever heard proposed. The last paragraph on page 3-139 states, "no additional pumping of ground water is proposed to maintain the water level of the lake and channels. " This cannot be true in view of the statement elsewhere in the EIR that irrigation of golf course and landscaping requires 8502 gallons a day taken from the lake. The lake obviously would go dry without being replenished by the ground water. This is an extravagant and wasteful use of water resource considering the restraints and restrictions placed on everybody else due to the last 6 years of drought. Page 3-140, the last half of page 3-140 and the top third of page 3-141 in an attempt to describe the damage control efforts to keep the lake clean wind up making what is an accurate description of a settlement pond of toxic waste. Nobody seriously believes that plants would filter out contaminants any more efficiently than the fish decimate the mosquito population from plan in lieu of a modern water plant facility and mosquito abatement district. Page 3-146, Section 3 . 7-15. The weak proposal regarding street sweeping again appears to be an attempt to push on to the already overburdened shoulders of the Homeowners Association responsibility for a traditionally governmental ' function. Kleinfelder's analysis of a 6. 75 earthquake doesn't include the information from the U. S. Geodetic(?) survey in Menlo Park that a quake of that size or greater has a high probability of occurring in the next 30 years in this area. Traditionally he GG-5 goes on to say "seismic activity has never caused a levee failure in this area. " I would like to point out that neither has a volcanic eruption, direct hit by a meteor or nuclear accident for the same reason. From analysis by other independent soils engineers this entire soils report seems to be flawed and seriously tilted towards describing major hazards as seemingly minor inconveniences. It says the Cypress Lakes Project would be expected to have 918 students from kindergarten through high school requiring 1 new elementary school, 30% of a new middle school and a 20% of a new high school. At the end of Section 3 . 1-2 states, "the project more convenient would be oriented towards seniors and retired people to reduce commute traffic from the project. " What a novel idea to build new schools for seniors and the elderly simply to reduce traffic flow from the project. That's a nice touch. Addressing the lack of a natural gas distribution system by substituting an electric system in its place is not mitigation of a substantial defect rather it is one of the most expensive ways ' to heat water in space known with the possible exception of the burning of paper money in a fireplace. Ask anybody who has an electric water heater and/or furnace to describe their PG&E bill to you. A small section of EMF, electrical magnetic force, demonstrates once again that the preparers of this documents are dangerously ignorant, witness the following statement. "Only seven states have adopted regulations to regulate intensity of electric I:\viil2\clicnl\I`1(I IK\I{('IZI'C.112I 4-318 fields and transmission line right-of-way. The State of California does not have standards. " It sounds like we're gonna rate last (??) nationally once again. This is a very important aspect of health related issues. .. If they had read our privately commissioned study by the State's leading expert in this field they couldn't possibly have come to the same conclusions. Finally, we wish the Planning Commission to take note of the following assertions. 1. The vast majority of the area residents don't want the project. GG-5 They don't need the recreational opportunities because they're too busy trying to survive and they certainly wouldn't trade what they have for a "housing opportunity in the PUD, " which by the way is ' a government euphemism for uniform mediocrity. And 2 . because of the County's potential liability for a failed project, we feel it only prudent for the Planning Commission to reserve their decision ' until all present litigation and government investigations have run their course. The applicant so far has struck out in every court decision. One can only expect similar results in the future. Thank you. Chairperson S. Planchon: Thank you Mr. Davis. (Clapping) We're going to take a real short break and then we' ll be right back. Chairperson S. Planchon: Get back in session, please. What we're going to do, we're going to hear one more speaker tonight. ' We will be holding the EIR hearing open. In all probability we will meet again on March 1 and we will continue. Those who have not had a chance to speak, I will be hanging on to these and we pick up and go from there on March 1. So now I need Barbara La Fargo, is it? Barbara La Fargo: Close. Lynn Jochim: Can we come back on February 8 at the special meeting? , Chairperson S. Planchon: Yes, the date is indefinite at this point. We're not sure. L. Jochim: Okay. Chairperson S. Planchon: We can talk about that later. L. Jochim: That will be great. Chairperson S. Planchon: Sure. , Female from audience: How will we know? Chairperson S. . Planchon: We' ll find out. L\%-o12\c1ient\19018\1'.(:ItIv.031 4-319 ' Female from audience: Yeah, like we did this time? Female from audience: Somebody, somebody will you call me please? Female from audience: Yeah. We' ll call each other. Chairperson S. Planchon: We' ll make that decision before you go home. Female from audience: Okay. Chairperson S. Planchon: Barbara, go ahead. ' B. La Fargo: I 'm here again. And I 'm here to tell you that there's tanks on this property. I have proof. Please, one of you take a look at this. Uh, it's your responsibility to prove to me that they are not there and the EIR says they're not there. And I want to know. Cause I have proof that they were put in in 1970. Commissioner E. Wetzel: Excuse me. What are you talking about? I, clarify it for me please. 1 B. La Fargo: Well, I was here last time and I told you there were 3 , 500 gallon fuel tanks on Del Porto's property and no one did anything. GG-6 Commissioner J. Hanson: No, you said they were underground. B. La Fargo: That's right. iCommissioner J. Hanson: Oh, alright. B. La Fargo: And here's the piece of paper that tells you that they're there and I 'd like for somebody to do something about it this time and I 'd like to have a bond posted to cover our potential loss due to the construction activities and uh, I 'm not getting paid to be an editor. So please, get it right . this time Scott. And our EIR animals seem to hide at the time the EIR is written. We do have seasonal known species that come and go. Please take a look at it. If you need a copy of this, I have it. (Hands to secretary attached document from water Resources Control Board) . Commissioner D. Maybee: I 'd like a copy of it. Female (Unidentifiable) : We should add it to the ?? ' Chairperson Planchon: We have time for one more speaker. A. Buller. Laughter and comments from Chair and audience. L\vo12\clicn1\1'X)18\P.CKPC.02 I 4-320 Alex Buller: Before I start, I 'd like to point out that uh, at our BIA meeting there was major complaints about notification and the BIAA is writing Community Development about this improper notification and I'm asking for a second meeting. I understand that we will now have a second meeting, uh, or continuance of this EIR evaluation. Uh, basically, uh, I'm recommending total rejection of this EIR. It does not comply with Section 15130 of the California Environmental Quality Act. It doesn't conform in the following: The planned use does not include subdivision 6610, page 3-3 . Impacts on other planned uses and surrounding areas does not include subdivision 6610. Pages 320 and 321. Housing discussion and Table 3 . 1-1 does not include subdivision 6610, Pages 320, 321. Traffic impact study does not include cumulative impacts because of subdivision 6610, pages 328 through 363 . We got 35 pages of erroneous traffic studies. All calculations, studies and conclusions are incorrect without subdivision 6610 input. Air quality evaluations do not consider the cumulative effects from subdivision 6610 including possible concurrent grading operations. Pages 364 through 375. Subdivision 6610 together with roadway improvements are not considered in visual quality. Pages 3-99 through 3-10A. The cumulative effects of subdivision 6610 on noises are not addressed. Pages 3-109 through 3-117 . Fire protection evaluations do not include effects of subdivision 6610 both on funding and services. Page 3-163 through 3-170. Police protection impacts excluding cumulative effects of 6610. Pages 3- 172 through 3-174 . Cumulative school impacts because of subdivision 6610 are not discussed. Pages 3-177 through 3-179. GG-7 Adverse impacts do not consider cumulative effects from subdivision 6610 on air quality, visual quality, job-housing balance, noise and construction dust. Page 5-1 . Cumulative impacts are incorrect for subdivision 6610 in land use. Subdivision 6610 is already approved. Traffic circulation, air quality data base is in error; subdivision 6610 not subject to County TPM current requirements. The subdivision does not have to meet current noise standards or comply with current County growth management requirements, utility demands or human health as it is already approved. None of this is considered in this EIR. No discussion regarding the effects of the winter tulle fog on services, traffic except where noted and on these basis I recommend rejection of this EIR. The following are other questions -and errors I've noted in the EIR and concerns which I feel have not been answered or discussed. Traffic exit from the entire area is limited on Cypress Road between Knightson Avenue and Jersey Island Road to two lanes. How is this going to effect the population should a flood or disaster occur? One accident can block access and/or escape from this area. Can this road handle 11, 000 people at once, or in the fog? Even if additional two lanes are added? Another concern I have is in regard to hydrology and drainage. The consultant Kleinfelder, Inc. , the geotechnical engineer on the project, is currently in litigation in Discovery Bay, a major subdivision in Patterson, California, and a, local residence in this immediate area of the L\vo12\c1icnt\19019\1 iCR VC.021 4-321 ' project with re. . . , over soil movements and settlements. Based on this track record, I as a! geotechnical engineer question their capability and conclusions for Cypress Lake and recommend an overview of their work by another geotechnical engineer for some kind of assurance. Lives are at stake here and to rely just on Kleinfelder's recommendations, uh, without having and on-staff County geologist to review the data I think is dangerous. A call for short term storm water retention in the golf courses, how much is my question. Page 3-127. What storm intensities run-off factors and calculations were used to calculate the storm drainage network which would accommodate the increase in run-off and reduce the amount of run-off offsite? Page 129 . The proposed levee crest elevation of 10 + 10. 2 is not . 2 higher than what FEMA requires. FEMA requires 3 . 5 feet free board upstream which would make it 10. 5 tapering to +10 at the downstream side and +11 for roadways and 100 feet of either side of roadways. Their evaluation of the levee ' crest requirements for FEMA, pages 3-130 through pages 3-132 are incorrect. What calculations are there to verify the statement that initial levee construction would not have any adverse. . .would not any effect on adjacent structures given the distance that the existing structures are from the proposed location of the new levees. Page 3-133 . What calculations are there to verify the statement that "the location dewatering. . . .the localized dewatering activities would also not effect adjacent structures because the dewatering would occur far enough from existing residences and any drawdown would only occur on the project site immediately under or GG-7 adjacent to the dewatering area. " Page 3-133 . What distance to they mean by adjacent? Page 3-135. Public services. A construction of a fire house requires equipment and men power. Who pays for this additional cost? What mitigating measures are being considered if the fire protection vote that will probably come up fails? It is my understanding that the sheriff substation is under consideration for closure. How is adding floor space to this station going to provide adequate protection? Subdivision 6610 together with this project will overwhelm an already understaffed sheriff's substation and marine patrol . What steps are being mitigated to mitigate this problem? What mitigation measures are planned if the sheriff substation is closed? The environment assessment states that there are no underground storage tanks on the property. You were just submitted and I got copies and believe me the Community Planning will have the copies of the State Permits indicating that 3 , 500 gallon underground fuel storage tanks were installed in 1970 on this project. There were no permits issued for their removal. What is going to be done with them and how is our ground water going to be cleared up from their leaking because believe me, they have been leaking for years. What portion of the project is to be marketed to retired persons? Page 3-20. What provisions are being provided if damage should occur to utilities in San Mound Boulevard and/or improvements on private property during de-water and construction? Will bonds be posted? Some sections show the new levee exterior slope at 3 horizontal to 1 1:\%,-o12\cNcnc\NO►s��x:urc 4-322 vertical. Others at 4 horizontal to 1 vertical. Which is it?. Uh, my reference is in the uh, Bonley, Manly Associate Report (?) . They show both slope inclinations. Hydrology drainage. Page 3- 118 states that the Kleinfelder, Inc. Report entitled Evaluation ' of Proposed Levees Bordering Cypress Lake Project is located in the Appendix E. The $30 EIR book I bought from the County does not contain this report. I obtained the only thing the County had to ' this morning which was an unsigned copy of this report with blanks in it and test data and tables missing. The County indicated that's all they had. Is Kleinfelder trying to hide something? Are they scared to sign this report? Page 6 of this unsigned report states that the internal levees will never be exposed to wave action unless failure of San Mound or Dutch Slough Levees occur. And then that the new levee will only retain 3 to 7 feet of water with velocities of 3 to 4 feet per second. Additionally, they go on to state, (unintelligible) vegetation will cover these dry land levees and publish research states that vegetated slopes can accommodate these velocities? What reports are they referring to? How thick is the vegetation going to be established and who's going to maintain it? Bonley, Manly Associates (?) reports when a break occurs there will be substantial velocities. How is this sand slope going to stand substantial velocities? How is the steeper internal slope to be protected from erosion? It doesn't take a doctorate in soils engineering. dune sand will not stand at a 2 horizontal to 1 vertical slope some 17 feet high. What calculations are there that there is no rock required? According to the Corps of Engineers, riprap is required, uh, let me see. GG-7 According to the Corps of Engineers, riprap is required. They make a comment and it says, "Where does FEMA say that it is not required?" Page 3-130. There's no reference on this statement in the EIR. How will the construction proceed if water levels drop 3 to 4 feet and a trench is required to be filled in? What alternate to levee construction is there if this happens? Will it be safe? The August, 1992 unsigned report with missing test date, charts covering levees for Cypress Lakes, has a discussion of water levels and title information from the California Department of Water Resources regarding Reclamation District 2042 . What relevance does a Reclamation District in Stockton have to Cypress Lakes? What calculations are there to support a levee settlement statement that will be 4 inches? What calculations are there to support that levee settlements will not effect adjacent structures? What distance is meant by adjacent? Page 3-133 . What studies have been done regarding settlement that may effect San Mound sewer line? If it occurs, what if any mitigation measures are being considered to correct sever slope and flow as a result of adverse settlement on the sewer line? If the project levee would divert waters in the event of a flood, page 3-136, should not the prot. .pro. . .project levee be protected with riprap? If riprap is required, what is the visual impact? Where �s the 300 feet for immediate escape on San Mound Boulevard? What escape mitigation measures have been considered if San Mound Boulevard is flooded? I:\volt\client\19018\I:('It1'('.02I 4-323 ' What studies have been made that show the. lake's slopes to be stable to 17 foot. depth and inclinations of 3 horizontal to 1 vertical. Kleinfelder indicates the lake will have slope inclinations of 5 horizontal to 1 vertical for 20 feet. Page 3- 154 states Kleinfelder's report evaluation of the proposed levees is available for review at the County office. Such is not the case. When can we get the so-called detailed information regarding the soil profile the report claims to have? No test data, plot plan, boring logs as well the levee slopes stabilities are not available at the County offices. This report, as I stated is not even signed. Why does the EIR Bonley, Manly and Associates and Kleinfelder incorrectly quote FEMA height requirements? Chairperson S. Planchon: Mr. Buller, I 'm going to interrupt you for just a moment. How many more pages do you have? A. Buller: Uh, two. Chairperson S. Planchon: Alright. A. Buller: If they can't even determine height requirements from reading the literature, are they qualified to design the FEMA approved levee? During de-watering, what mitigation measures are GG-7 being considered to prevent piping with a hydraulic gradient in excess of 25 feet to existing improvements including sewer lines. What calculations are there that indicate the existing levees are safe under this hydraulic gradient? Flow can the EIR be prepared covering levees based on data not yet available. Did they dream this up out of the clear blue sky or what? Levee standards require riprap, this is Corp of Engineer requirement, on 3 horizontal to 1 vertical slopes where velocities are greater than 3 feet. According to the EIR consultants, velocities would be greater than 3 feet per second. My next question is why do we have to keep paying $30 for an incomplete, inaccurate EIR that doesn't address our questions? When will they get it right? It appears that Kleinfelder's report on the levee is not in conformance with the Corps of Engineer's guidelines, but I really can't tell that yet because the report's incomplete. I really would like to review, uh, the report when it is completed and my question is, is the report going to be modified to conform to the conclusions that the EIR says, uh, states it says? Or is it going to be independent of the EIR? I request, lastly, I request that we have another meeting to address all these problems and so that everybody concerned can be properly addressed. Thank you. Chairperson S. Planchon: Thank you Mr. Buller. Uh, can I have a motion to return this to the Commission? Male: So move. 1:\vo12\client\I'X)I8\I.CRPU.021 4-324 Chairperson S. Planchon: Now we need a motion to continue and we ' need to set a date. Uh, there has been a request for March 8. Commissioner J. Hanson: March 8 is separate? Chairperson S. Planchon: March 8 . There's been a request. . .we will meet normally on March 1. ' Multitude of unintelligible voices in background. Commissioner D. Maybee: No, February 8 meeting. Chairperson S. Planchon: I'm sorry? Multitude of unintelligible voices in background. L. Jochim: I need to request that we come back on February 8 ' because its been a long process for everybody and. . . Chairperson S. Planchon: So the request is for February 8 . Multitude of unintelligible voices in background. Commissioner E. Andrieu: That's the meeting that's. . . . .the Albers meeting. . . Commissioner D. Maybee: The Albers and Byron 78 . . . Chairperson S. Planchon: That's correct. Commissioner E. Andrieu: We can't conflict with that I thought. L. Jochim: Tonight we were supposed to be first on the agenda. Chairperson S. Planchon: I need some guidance from staff on that. We uh, scheduled a meeting for February 8 to be paid for by Alber. How does that effect if we have this other meeting. M. Fleming: Well, the Albers Project needs to be heard on that evening. You need to complete the hearing on that, if you can. I mean if you end up having to continue it, then that, you know, you'd have to continue it to the next regular meeting. . . . If there were time after that meeting were completed. . .The thing is, they're paying for the time for everyone to be here for the room to be available and all that and I 'm not sure it's reasonable to expect , them to pay for something that would be a hearing for somebody else. That was the reason that we were suggesting that the meeting be just for that purpose. ' L. Jochim: We'll pitch in. 1:\%,ol2\clicnt\17018\1 i(:Itl'(:.021 4-325 ' ' A. J. Salomon: We were supposed to be first tonight too. Chairperson S. Planchon: That's correct. Uh,. what's. . . . . . . . . . . . . ' Female from audience: Well, I didn't get a chance to talk and I wasn't noticed and I think that. . . . ' Chairperson S. Planchon: You're out of line young, young, lady. Let's set a date right now. Uh, staff indicated that if the applicant wishes to pay their portion to have that meeting, the cost of it, we could in fact have it. Male: Unintelligible. Chairperson S. Planchon: Uh, it would just be continuance of this meeting right now. And the request is for February 8 . So what is your pleasure. Unintelligible conversation in background. ' Female from audience: How come, how come you can talk from here and I can't talk from here? Another female voice enters conversation - unintelligible. Chairperson S. Planchon: I 'm trying to, we're trying to make a decision. Just a moment please. aCommissioner D. Maybee: If we agreed to hear Albers and Byron 78, they would have to be first on the agenda. They would have to third if Albers and Byron 78 agreement afterwards that we can have them then they would have to pay their fair share. But as County staff there is nothing going to be different other than public testimony next week. M. Fleming: Uh, Mr. Chair. . . .Byron is not going to be on for the 8th. Commissioner E. Wetzel: Byron 78 is not on for the 8th. Commissioner D. Maybee: Mr. Gold requested it right here. M. Fleming: He requested it but it hasn't been noticed. There's no way we can put it on for the 8th. Commissioner D. Maybee: Okay. M. Fleming: It's not a continued item. Commissioner D. Maybee: Okay. ' 4-326 M. Fleming: So the only thing you will have before you on the 8th is the Albers Project because that has been noticed. Chairperson S. Planchon: That's correct. That's what I understand. , It's the Albers' 74 acres. Staff: Right. ' Commissioner E. Andrieu: They went out of here thinking they were going. . . . . Chairperson S. Planchon: Going to be on the 8th. Staff: Yeah. Chairperson S. Planchon: That's right. Male: We' ll call them. Female: Unintelligible. Chairperson S. Planchon: So now what is being asked is. . . Unintelligible background remarks. Chairperson S. Planchon: Uh, these gentlemen will be here. . .. A. Buller from audience: Mr. Chairman. . . . . , Chairperson S. Planchon: Just a moment please. Female: I . . . . I . . . . ' Chairperson S. Planchon: We're trying to make a decision up here. A. Buller from audience: Well, I have some information. . . . Chairperson S. Planchon: I ' ll give you an opportunity to speak, , just wait a minute. Commissioner J. Hanson: I feel we should ask the Albers how they feel, since they're the ones that initially were going to pay the full amount to have the special meeting. We should ask them how they feel about. . . . Chairperson S. Planchon: Well, we're trying to do here tonight, Mrs. Hansen, we're trying to give all these folks a date that they can count on. . . . . ' Commissioner J. Hanson: I understand that. . . . 1:\vu12\c1icnt\19018\1 iCRPC.021 4-327 iChairperson S. Planchon: If we have to postpone it and get in touch with the Albers and then there's no way these people. . . . Commissioner J. Hanson: Yeah. . . . Chairperson S. Planchon: . . . .are going to know what kind of a date ' we're going to set. Commissioner J. Hanson: Yeah. . . . Chairperson S. Planchon: So we need to come to some kind of agreement on a date tonight. M. Fleming: Mr. Chair. I think the main concern you need to have is whether you can complete the Albers Project on the 8th. If you start that hearing and you aren't able to complete it before your ending time then you' ll have people down here ready to. . . .to go on to the other project and it won't be available. Chairperson S. Planchon: Well , I 'm going to make a suggestion and it may not make everyone happy. I say we just move it up to the first of March which is a regular ordinary meeting. Positive response from audience. Chairperson S. Planchon: Is that in agreement with you folks? ' Female voice from audience: Will other people be able to talk then? Chairperson S. Planchon: We' ll set the date for March 1 back on the calendar to finish this meeting. ' M. Fleming: Okay. You're in agreement then that March 1 will be the date for the continued EIR. . . . Chairperson S. Planchon: Which is the regular meeting. . . . M. Fleming: Okay. Commissioner D. Maybee: And the people that are already signed will be the first ones to speak and then anybody else that comes to the meeting will speak at the public hearing. we will not close this hearing. Audience: Thank you. Chairperson S. Planchon: The hearing is not closed. The hearing is open and will be continued March 1. L\vo12\clicn1\1IX)I8\1:CRVC.021 ' 4-328 L. Jochim: Can .I just make a comment please? I don't mean to interrupt and I don't mean to question your authority but our public comment is 45 days and it ends February 16. Uh,. this is our second EIR. This is our second round on this thing. Actually it , is longer because of the Specific Plan and its EIR and for everyone involved. If you could just give, I mean we were supposed to be first tonight and I understood that A. .Albers and uh, Byron 78 needed to go first to heard so we could have a lot of opportunity tonight to have our chance. And I just. . . I've been so fair with the community. . . I 've tried with everyone to make this thing work and I just think it's really unfair to postpone this to March 1 , after our hearing period has ended on February 16 and the continue this comment period another 2 weeks. I . . .there's gotta sometimes be a closure to things and if you want to deny the project then you ' guys can deny it. But there need to be a closure. It's very difficult on the part of. . .on our side. So, could I just ask you to reconsider to have us come back on February 8 and I ' ll work it out with the Albers? . Chairperson S. Planchon: What's the. . .what are the academics of a. . . on the closure date? What is going to be the effect on the uh, , project if it's not closed until, I mean, unless we meet again on March 1? M. Fleming: Well, on the overall project I 'm not sure but right now we've agreed to take comments until the 16th. What this will do is continue the comment period through the 1st. You won't want to extend it beyond that because by then everyone will have had ' plenty of opportunity to get their written comments in. So the 1st would be the final date for taking comments and then the consultant would get back to work on finishing uh, response to those comments. So it would delay it by a couple of weeks. Chairperson S. Planchon: Elsworth? Commissioner E. Andrieu: Yeah. It seems like we're in a situation , here where there is enough concern about this project on both the applicants side and uh, the general public that possibly setting a deadline at this point in time is uh, not in the best interest of the situation. Female from audience: Yes sir. Commissioner E. Andrieu: I just want to be assured myself now that we talking about a deadline. She says she has to have a deadline by the 16th. What is the uh, uh, handicap . to that. . .to . the applicant if we go over that time? M. Fleming: Well, as I understand it, she, her concern is just , the delay to the project. There is a 45 day review period for the draft EIR and that review period is up by the 16th. 4-329 ' ' Commissioner E. Andrieu: Yeah. So. . M. Fleming: So what this does is just extend that, that time period which puts the whole project, you know, two weeks further down the road. . . . ' L. Jochim: And the fact that you guys meet only once a month is difficult also. So it would bring us, we would be coming back again in April or May further out. Commissioner E. Andrieu. We've okayed another meeting. We're meeting on the 8th for a special meeting, uh, and this obviously, this project has more concern, I think, from the public than that one has expressed so far. Uh, I would be willing myself to come to another meeting. I don't know how the rest. . . . Chairperson S. Planchon: Another meeting when? Commissioner E. Andrieu: As soon as we can put it together. various voices: March 1, March 1 . . . . A. J. Salomon: Why don't you make it on February 16. We' ll pay for the next meeting. ' Female from audience: Where's all this money coming from? A. J. Salomon: I don't know. We're broke. . . . A. Buller: BIAA's . . . . A. Buller: . . . .protest over this thing for inadequate notification and we still haven't got the data from Kleinfelder. So how in the hell can we comment on something we haven't even gotten yet? Chairperson S. Planchon: Uh, compromise on the 16th? M. Fleming: The 16th is a holiday. Chairperson S. Planchon: 16th is a holiday. various voices discussing different dates. ' Chairperson S. Planchon: Earl. . . Commissioner E. Wetzel: Go back to the 8th. Let's hear it next week. ' various voices: No, No. L\vo12\cIicnt\1901 8\1'CRIV-021 ' 4-330 r 1 A. Buller: You get us all copies of the Kleinfelder Report, ' complete. L. Jochim: I'll do it. ' A. J. Salomon: Yeah, you'll. . . . ' L. Jochim: I promise you. I'll do it. A. Buller: Why don't we have it now? , L. Jochim: I promise you I will do it. Commissioner D. Maybee: Hey, mine isn't signed either. Don't feel ' so bad. A. Buller: All the test data is missing. Female from audience: Yeah, but why do they get what they want and we've got. . . , Commissioner D. Maybee: Nobody's getting what they want cause we're sitting up here as volunteers trying to do the very best we can for you people. Female from audience: I realize that. But they want it immediately which isn't giving us enough time. . . . . , Commissioner E. Wetzel: I do not. . . . M. Fleming: Mr. Chair. . . . Commissioner E. Wetzel: I do not want to waste anymore of my time either. And I feel like I 've wasted a lot of time here. We've heard this thing about 4 times already. . . . Male from audience: And they never correct the information. . . . Chairperson S. Planchon: Because of the 45 day deadline, I will agree with the young lady out here that we should go with the 8th. A. J. Salomon: Okay. Chairperson S. Planchon: The continuance of what we've done , tonight. . . . continued on the 8th. L. Jochim: I appreciate that. Female from audience: Excuse me. Can we hear what the decision was? L\vo12\clicn1\17018\1:CIZPC.021 , 4-331 ' r ' Female from audience: It's back to the 8th. So I mean whatever we say it doesn't make any difference. ' Chairperson S. Planchon: Is that in agreement with the Commission? ' Commissioner D. Maybee: With the understanding that Albers is first. Chairperson S. Planchon: Albers is first. That is correct. Male: We intend to spend a lot of time here that night. . . .correct. . . . 2 o'clock in the morning. . . . . Chairperson S. Planchon: We will come back and we will meet here on the 8th of February. A. Buller: When are we getting the Kleinfelder report so that we can. . . . Chairperson S. Planchon: I don't have that answer. You' ll have to ask the staff over here. Female from audience: Will you guarantee the. . . . A. Buller: Are we going to have adequate time to review the ' Kleinfelder report before the 8th. M. Fleming: The EIR, the hearing. . . . A. J. Salomon: You' ll have it in your hands tomorrow Mr. Buller. Will that satisfy you? A. Buller: Yeah, it would. Unintelligible remarks from audience. ' A. J. Salomon: You all want what. . . . .Put your name up here and your address and it will be delivered to you. okay? ' Female from audience: Tomorrow. . . . various comments from audience (unintelligible) . ' Chairperson S. Planchon: We will continue this meeting on the 8th. Female from audience: Can I just ask. . . . . Commissioner E. Wetzel: I make a motion we adjourn the meeting. M. Fleming: Wait. We have more items. . . . I:\c(,13\clic II\IIX)IR\1.CRPC.I)'1 4-332 Chairperson S. Planchon: We have a couple of things we've got to ' take care of. M. Fleming: We still have some items. . . ' Chairperson S. Planchon: A couple of other items. . . Voice from audience: This is a railroad. . . . Other unintelligible remarks from audience. Chairperson S. Planchon: Uh. . . ' Male: Okay. . . . M. Fleming: Uh, the hearing that you've just been having was on the EIR. You still have 2 items, number 5 and 6 and 7 which are ' the rezoning. . . . . Voices from the audience (unintelligible) . Chairperson S. Planchon: We still have some business we have to , take care of so we would appreciate a little quiet if you possibly can do it. ' M. Fleming: Okay. Other items were the rezoning, the final development plan and the subdivision. You need to take an action to continue those to March 1 . , Chairperson S. Planchon: Yes. I would say that should be to March 1. What were we talking about here on the EIR. M. Fleming: Okay. So you just need to take that action. Various voices in background arguing. Chairperson S. Planchon: Anything else before we move to adopt the findings. . . . ' Female: Can't hear a damn thing. . . . M. Fleming: No. That's it. ' Commissioner D. Maybee: What about the Holland Tract Abandonment. M. Fleming: You, you already did that as a consent item. , Chairperson S. Planchon: That was a consent item. Okay uh, . . . .public comments? Male: We've had enough. , L\vo12\cIicnl\19019\1:cItl'('.021 4-333 t Chairperson S. Planchon: We've had enough. Staff report. M. Fleming: Oh, I just wanted to hand out these. . .they're the ' market studies that you asked for on the computer project. Als o on March 1 we have been trying to set up a study session with FEMA. So far we haven't been able to get a response from anyone from ' FEMA. We're still trying to make contact with them and arrange to have somebody here for that date. . .but I would just ask that you, you know, what the agenda carefully because there may be an early starting time. . . 6: 30. . . if we are able to get that set up for you. And that's all I have for staff reports. Chairperson S. Planchon: Commissioner comments. Commissioner J. Hanson: I wanted to ask. . .did everyone get a copy of this uh, CEQA ' Commissioner E. Wetzel: Yes. . . Commissioner J. Hanson: Is anyone going? I 'm not able to go. ' Male: I 'm going. Male: It's during the week. . . . Various comments. Chairperson S. Planchon: Communications. Various comments and background voices. Commissioner E. Andrieu: We're trying to schedule a FEMA meeting, study session with FEMA to relate to this project? ' Male: Yeah, well. . .yeah. . . Commissioner E. Andrieu: And you're not going to have that meeting ' until possibly after the decision has been made on the project? M. Fleming: It would be on the same day as you've got the ' project scheduled right now. You would hear them just before you heard the project. Commissioner E. Andrieu: So they give us some information. How are ' we going to have time to digest that and make a decision the same night? Again, I think we're moving faster here. . . . ' Female: I think you're right. . . Commissioner E. Andrieu: . . .than we can handle the situation. ' 4-334 Chairperson S. Planchon: Well, I don't know. . . I don't know what to say about that. Commissioner E. Andrieu: We've been requesting information from FEMA for 3 months. M. Fleming: Well, the date that we've trying to get them for has been March 1 all along. That's the date we've been trying for. Commissioner E. Andrieu: Yeah. Well, then. . 6now, now we're being pressured to wind this thing up? M. Fleming: Well you're only going to being hearing the project on that date. So far it's just the EIR and you won't be making any decisions on the project then because you won't have the EIR back yet. So all you're doing right now is taking information and sort of getting a chance of putting it together so that you can later make a decision. Commissioner D. Maybee: FEMA will have to tell you what they can and cannot do. They are going to have to get approval from FEMA for this new levee. Commissioner E. Andrieu: This is opened to the public and the public is going to get the same information we are. . . . I just. . . . M. Fleming: Well, it's a study session so it will be. . .people can sit in on it. No testimony. They can't get involved in it. Commissioner D. Maybee: Study session is us. It's not open to the public unless we make it. Male: Unintelligible comment. Commissioner D. Maybee: Well, that's fine. But you wouldn't want them to ask questions. . .not the public. Commissioner E. Andrieu: Okay. Chairperson S. Planchon: Alright then we are scheduled to go then on the 8th and the Albers project will be heard first and the completion, hopefully, of the EIR will be second. And that's the two items only we will be hearing. M. Fleming: That's right. Commissioner D. Maybee: Mr. Chairman. . . . Commissioner E. Sobalvarro: That actually the Albers and the other project. . . 1:\%,o12\chcnt\19019\1'.(T 1'C,021 4-335 ' Chairperson S. Planchon: That's what I just said. I believe I. Commissioner D. Maybee: Mr. Chairman. . . . Chairperson S. Planchon: I'm getting a little groggy myself. . . ' Male: Yeah, Commissioner D. Maybee: Mr. Chairman as a matter of clarification. . .When Mr. Gold sat out there, I was under the ' impression that he said that he could go and he wanted them heard together. And when he left here I thought he was under the impression that we would work with both of them together on the 8th. I could be wrong, but that's the interpretation that I got. Chairperson S. Planchon: There was a request by him on that. ' M. Fleming: And we informed him that we didn't have everything together for the 8th. ' Commissioner D. Maybee: And there has to be a proper notification so it will not make that meeting. . . . M. Fleming: There's absolutely no way we could get them on for that date. Commissioner D. Maybee: So in case we get phone calls, he. . .they ' have to be properly notified. . . M. Fleming: That's right. Commissioner D. Maybee: . . . and they cannot do that. M. Fleming: And it's only seven days between now and the 8th and ' it's. . .you know. . . Chairperson S. Planchon: No way. Chairperson S. Planchon: Move to adjourn. Male: So moved. Female: Second. Male: Second, third, fourth, fifth. . .whatever. Staff: Okay. Various background discussions. Unintelligible. END OF TAPE 1:\vnl?\clicnl\1'x)IR\I:('lil'('.f)31 4-336 Response to Letter GG: East County Regional Planning Commission Hearing, February ' 1, 1993 Response GG-1: All of these comments are contained in Letter D from Diane Shipway, January 20, 1993. Refer to Response to Letter D for responses to these comments. Response GG-2: , All of these comments are contained in Letter Y from Darrell B. Edwards, February 12, 1993. Refer to Response to Letter Y for responses to these comments. , Response GG-3: All of these comments are contained in Letter H from C. Elaine DannelleY February, Februa 10, ' 1993. Refer to Response to Letter H for responses to these comments. Response GG-4• , Refer to the Response to Letter P from Montague & Cochrane, February 11, 1993 ' regarding the deeded legal easement. Mitigation measures which include removing or redrawing four lots will not be enforced , until after the project is approved by the County. Upon project approval the applicant would be required to revise the development plans according to the mitigation requirements. ' Response GG-5: All of these comments are contained in Letter O from Fred Davis, February 9, 1993. , Refer to Response to Letter O for responses to these comments. Response GG-6: ' Refer to Response X-10. ' Response GG-7: All of these comments are contained in Letter X from Alexander Buller, February 1, 1993. Refer to Response to Letter X for responses to these comments. 4-337 Letter HH (Public testimony) EAST COUNTY REGIONAL PLANNING COMMISSION MEETING February 8, 1993 Hearing on Item No. 4 1 Present: S. Planchon, E. Andrieu, J. Hanson, D. Maybee, E. Sobalvarro and E. Wetzel Absent: H. Hern ' Staff: M. Fleming, A. Beresford and M. Avalon, D. Foley ' Chairperson S. Planchon: Staff, would you like to speak on the next item. M. Fleming: Okay, agenda item #4 is a Revised Draft Environmental Impact Report for Application # 2918-RZ, final development plan 3032-90 and SUB 7562 . A. J. Salomon Chartered ' Land & Cattle Company is the applicant, Three Sisters Trust are the owners. This is a revised EIR to develop 685 . 9 acres of land from General Agricultural A-2 and heavy Ag A-3 to Planned District ' P-1. They're proposing development of 1, 330 single family lots. This is located in the Sandmound area near Bethel Island. At your last meeting on March 1 (Note: last meeting was February 1) you began taking testimony on this EIR and we did stop at that time and ' continue it to this date and what we would recommend you do today is continue to take testimony from people that have asked to speak on this item. We are here just to hear the EIR and comments should be directed towards the EIR and the adequacy of the EIR. The project itself and the pros and cons of the project will be heard at a later hearing. ' Chairperson S. Planchon: Thank you. We are reopened again for the Public Hearing's continuance on the EIR for the Cypress project. We had a lot of intense testimony a week ago and some of the items that we covered I 'm just going to mention briefly because we wish to limit speaking about the same items over and over. Some of the things that we have talked about are power lines, compaction, roads, water, sanitation, plant and animal life, determination of wells, parks, lakes, cultural resources, visual impacts, levee systems, interior or exterior, sound walls, economic viability, we talked about schools, erosion, subsidence, dewatering, fire and ' evacuation. There were seven or eight speakers that did not get a chance to speak last Monday night. We're going to give them an opportunity tonight and I also understand that the people, Mr. ' Buller it might be, wishes to speak and give a report on the geology status at this point in time. Where you the gentleman that wished to speak on that? 1:\vo12\clicnt\19018\1 tCItPC20S.m110, 4-338 A. Buller: Yes, on the new information. . . ' Chairperson S. Planchon: Yes, on the new. . . A. Buller: . . .that was not available until this last Friday. ' Chairperson S. Planchon: Okay, very good. If you'd like to come ' down forward to the microphone we' ll let you start it off and from there we' ll move right into the other speakers. M. Fleming: Mr. Chair, the applicant wanted to have an , opportunity just to sort of bring you up to date as to what had happened in the last week. Chairperson S. Planchon: I 'm sorry, one of the applicants wishes ' to bring us up to date. Lynn Jochim: What I 've passed out to the Commissioners is a copy ' of my comments along with the soils report that was Federal HH-1 Expressed to the community of the addresses that I received at last Monday's hearing. (attached) Good evening, Chairman, fellow ' Commissioners. I am Lynn Jochim, the owner/developer of Cypress Lakes Golf and Country Club. Tonight I am here to support the adequacy of the recirculated Draft EIR prepared for Cypress Lakes. ' I began working on this project in April of 187 with the community. It was shortly thereafter the Bethel Island Area Specific Planning Committee was formed. However, Bob Del Porto, the original land owner had been working on the lake development concept for years prior. You have before you a Draft Environmental Impact Report which is the result of many years of public input and the information from three prior Draft Environmental Impact Reports ' prepared for this project and the Bethel Island Area Specific Plan. I've included a hand out for you to assist you. This Draft Environmental Impact Report was prepared by an independent consultant firm hired by Contra Costa County to study the , environmental impacts of this project and to identify measures which reduce impacts to lessen a significant level. The consultant received reports and information from other specialized consultants ' on the project. The County and the Environmental Impact Report consultant made their own independent review of these reports prior to the preparation of this Draft Environmental Impact Report. The technical consultants involved in this preparation of this Draft Environmental Impact Report have extensive expertise in their fields with experience on projects similar to Cypress Lakes. The soils engineer has over 40 years of expertise and work in the , Delta. They have done 80% of all the levee works submitted for approval to FEMA in Washington, D. C. The FEMA work has included interior dry levees inside existing Delta levees. The civil engineering firm has been involved in Bay Delta projects for over 20 years. They've had extensive work in areas with high water table locations in flood plains and with similar soil conditions. I:\%-X13\clicnI\IIXII9\FU1ZP('_'l 8.mI ' 4-339 ' The wetlands consultant prepared the delineation report which was verified by the Corps of Engineers. - Moreover, he worked for the Corps for 16 years delineating wetlands in agricultural areas and ' assisted the Corps of Engineers in writing their technical manuals. The plant and endangered species consultant is world renown and has done several studies for state and federal agencies. She's spent numerous days evaluating and inspecting the site and came up with mitigation measures to avoid the impacts. The water quality consultant proposes proven techniques which have been approved by ' the EPA under the Clean Water Act and conforms with the NPDES, the newest storm water discharging permit. The list of professionals who have prepared detailed reports on the site goes on to include noise, air quality, archeology and traffic. The Draft ' Environmental Impact Report addresses impact and it proposes mitigation measures to be implemented. The EIR consultant has prepared a mitigation monitoring program to assure the implementation of these mitigations which will be ultimately adopted by the Board of Supervisors along with the conditions of the project. In August of 1992 the first Draft EIR on the project was released for a 45 day review period. In the Fall you heard ' many hours of public testimony on this Draft Environmental Impact Report. The 45 days ended September 28 , 1992 . The comments from the community and the environmentalists spoke to us on 6 main ' issues. Reports and further documentations were prepared and have been included in this recirculated Draft EIR to make a more conclusive and complete environmental review. These areas of concern include wetlands; a monitoring program was drafted to assure implementation under levees; an evaluation of interior levees vs. other alternatives were evaluated on cost and feasibility; landscape, a detailed landscape plan was developed to ' lessen visual impacts; flood plain, a. flood plain evaluation was prepared with statistical data to address the effects of a double levee in case of a levee break on the existing levee; soils, ' numerous borings up to 50, 60 borings on the site have been drilled and evaluated to address methods for construction; water quality, a detailed program was prepared to be consistent with the EPA standards and this new NPDES. This Environmental Impact Report is ' the result of input from the local constituency, concerned environmentalists, the County Supervisors and planning staff. A re-circulated Draft Environmental Impact Report was prepared to further incorporate the comments and concerns' by these groups along with new studies and more detailed information. Moreover, the County staff has made their independent review during the administrative draft stage and thereby approved the release of this draft to the public. The environmental groups that are the most active in this County and their attorneys have reviewed this re- circulated draft EIR and find it adequately addresses their concerns for this area. They feel it gives them honest analysis of the impacts of this project and recommends realistic mitigation measures. In summary, the process behind the preparation of this environmental document has been long but an elaborate one. The 1:\vo12\c1icnt\I'>n I R\I iClil'C311R.mIg 4-340 document incorporates extensive technical and legal review along , with input of staff and environmentalists. Cumulatively this represents a well-educated group of professionals with experience and concerns for development of urban communities. That is why I ' am able to stand here and support the adequacy of this re- circulated Draft EIR with a conviction. Thank you. Are there any questions? ' Chairperson S. Planchon: Any questions from the Commission? Lynn Jochim: Thank you very much. Chairperson S. Planchon: We're going to call on Mr. Buller at this point in time to give his added report, he's had a good opportunity t to speak a week ago but you have some more material you wish to talk on so step forward. A. Buller: Before I start I have a major complaint. Uh, the t EIR is indicated that we can call Community Development and talk to talk to Art Beresford with questions and so forth. Five different individuals called last Thursday, including myself. I ' was told he was on the phone and would return my call . Today it's Monday night and I 'm still waiting for him to return a call. Darryl has he returned your call? ' D. Shipway (from the audience) : He called me. A. Buller: He returned yours. Fred, he didn't return yours. Voice in background: I need to talk to. . . A. Buller: Yeah, he's ducking us, he won't return our calls and who's he working for? The people out here or the developer? I went down there and I still couldn't get him to respond to a simple , phone call. Commissioner E. Wetzel: Mr. Chairman, I thought we were, he was going to address. . . ' Chairperson S. Planchon: Yeah, we . . . . A. Buller: Yeah, I am. And part of the EIR it says to call the ' gentleman and the gentleman will not return phone calls. Commissioner E. Wetzel: This isn't, this isn't the time and place , for that. A. Buller: Well, it's got to be documented somewhere 'cause a lotta more people are going to hear about this, including some other stuff. I heard Lynn Jochim come up here and discuss what a brilliant group has worked on this stuff. They can't even read the ' L\%-o13\c1icnI\19015\I i(.RI'( g 4-341 , English language. They haven't complied as I reported last time with Section 15130 of the California Environmental Quality Act but I don't want to re-hash old stuff. I didn't receive the geotechnical report on the levees until Friday night. That was promised to me by Mr. Salomon and Lynn Jochim on Tuesday. She called me on Tuesday, got my address and said it would be Federal Expressed to my place on Wednesday. I didn't get it 'til Friday night after I came home from work so I really haven't had an opportunity to go through it entirely except to find out there's no back-up test data in the thing, the slopes stability results are missing, it's an incomplete report but this one is signed. The odd thing about this report is it's dated February 2 , 1993 . I got a real serious question. How in the hell can a report and EIR that was prepared in December of 192 be based on a report that's incomplete and dated for February 2 , in 193 . Isn't that putting the cart in front of the horse? This February 2nd report states that it's in compliance with the Corps of Engineer Manual, EM1110-2-1913 . Let me show it definitely is not in compliance. It doesn't comply with Table 2-1, it doesn't comply with Table 2-2-3B(4) . It doesn't comply with Section II-8 . It doesn't comply with Section II-9-B to the point that it wasn't even done. It / wasn't even done, the requirements of Section 2-14 . Entire Chapter 3 was omitted. If it was it wasn't included in the report that I received on Friday dated the 2nd of February and when we get that data I would like to be able to address the Committee on that material , if it ever does become available. It doesn't meet the HH-2 intent of Chapter 6, it has no impervious blanket on the water side ' or under drain when slopes exceed one vertical to five horizontal . It does not have riprap on slopes of one vertical to three horizontal where velocities are at 3 feet per second. Both the Kleinfelder report and the civil engineer's report indicate velocities of 3-4 ' per second, so where's the riprap. You're telling me that they know what they're doing? Section II has no ' results of the stability analysis. There is no test data to back it up and they just fly by with a comment that says it meets the Corps of Engineers requirements. Well , what are those results. I 'd like to see them. They indicated their computer analysis was on the Bishop method so I ran my simplified Bishop method on my computer and I 've got a failed levee. Is their computer better than my computer? Somebody needs to overview their work. They've got failures in the Delta here, I can point several of them out to you and we're talking about lives out here that are at stake and we need somebody to look over their work. Right now we haven't got a County geologist on board and I 'm requesting an independent review by another geotechnical engineer of all their work. Chapter 7 wasn't even included. Chairperson S. Planchon: Mr. Buller, can you condense this down just a little bit further. 1:\ve12\client\19018\I:.C1tl'(''08.mtg 4-342 A. Buller: Well, I 'm giving you the sections and I 'm not even talking about where they fail to. . . Chairperson S. Planchon: Well, you see the sections don't mean an awful lot. A. Buller: Well, then let me take the time to go over the particular sections. Chairperson S. Planchon: I encourage you to get this stuff in writing with all the sections, that's where it really counts. A. Buller: Well, it's going to be in writing, too. Chairperson S. Planchon: Get it in writing, that's correct. Just telling us all those numbers doesn't mean a darn thing to us. We need to see it in writing. . . A. Buller: Well , you will , believe me. Chairperson S. Planchon: Okay. 1 A. Buller: Well , for example Table 2-2-3B (4) requires filled pumping tests. They haven't done that. They haven't, the Corps Manual says you have to investigate the borrow area. They haven't done that. There are samples, uh, or are not the correct, or sufficient size as required by the Corps of Engineers. They haven't done, like I said, the lab testing is not presented. The , slope designs aren't there and all the way through and to speed things up I 'm just giving you the section numbers. Now you made me lose my place, excuse me. What I said, I don't know whose computer is better, I know mine's pretty old but it showed that slope to fail and draw down. Chapter 7, Section 2 was not even covered and that's an exploratory trench, uh, that the Corps of , HH-2 Engineers requires. Table 7-2 was totally disregarded. Section 7-6 not covered and that concerns riverside protection. Section 7-6-C-2 (d) was totally ignored and that I'm going to read to you. It says, "where slopes consists of erodible brand new soils, abetting layer of sand and gravel or spoils or plastic filter cloth to be used under riprap. " We have a sand dune levee out there and they didn't even bother looking at this requirement with the Corps of Engineers. These are supposedly brilliant people as Lynn just mentioned. Uh, I spent two nights looking through this Manual and just picked this stuff out. If I 'd some more time I could really go through or if they had a complete report I could probably go through it. At this time I would like to hand out to everybody the HH-3 permit from the State. It's available on record of 3 500 gallon underground diesel tanks that were put in the property in 1970. Chairperson S. Planchon: p We have a copy of this from last. . . . 1:\%-o12\c1icnl\I1)018\1:('IZI'('_'osnug 4-343 A. Buller: Oh, yeah, well. . . Chairperson S. Planchon: . . .and this has already been covered. A. Buller: Well, every State agency and federal agency we can think is going to get it. We have sent it out to various people in the county and they claim they don't have it. I've got witnesses here showing you all have it and I don't' know how to put it other than bluntly but you got a chance to show everybody what a rubber stamp committee you really are. Thank you. Commissioner J. Hanson: Excuse me. Can I ask you a question? A. Buller: Yes. Commissioner J. Hanson: Where on this report does it say that they are underground? A. Buller: That's a State agency that registers underground tanks. That record is available at the State and these brilliant HH-3 EIR people couldn't find it. Even when I mentioned it, uh, back last year. Commissioner. E. Andrieu: Do you know where they are? Dave Dal Porto (from the audience) : Can I address that? Chairperson S. Planchon: one moment please. We got one man at the mike right now. A. Buller: What's the question? Commissioner E. Andrieu: Do you know where they are in the property? A. Buller: No. I've had people tell me about 'em, about how bad they've been leaking, that they had to abandon them but I have no idea where they are other than somewhere in the center of the property. I have only been on the property once and that was a . long time ago. Chairperson S. Planchon: Any further questions? Thank you, sir. A. Buller: Thank you. Chairperson S. Planchon: Rhonda Hanson. Rhonda Hanson: My name is Rhonda Hanson. My address is 4800 Sandmound Boulevard. I live directly across the street from a portion of the subject project that we're discussing. I' ll try very hard not to go over the same things that we've gone over 4-344 1 before but it's very hard to remember from meeting to meeting what's been discussed and I' ll just kinda go down my notes as fast as I can. The first thing has to do with page 1-6, and that is that it was my understanding that we were not supposed to have an access through this project from Sandmound Boulevard until the very HH-4 last EIR report, that's the first notice that I had that there would be access from Sandmound and I strongly object to that and it's my understanding that the County had no intention of having an access from Sandmound. Next is page 2-5 and that has to do with traffic and also 2-9 , the road improvements regarding the Delta Expressway. The EIR report specifically says that this is going to be an unavoidable problem with traffic if the Delta Expressway - HH-5 is not put in and from what I can see of the County finances and the State finances and the finances in general, it's my opinion that the project should not be built unless and until the Delta Expressway and other road improvements are built first. Regarding air quality, page 2-11 , the project would result again an unavoidable impact on regional emissions and that again is an air HH-6 quality problem and I think that that's an unacceptable thing that the Commissioners should find unacceptable in this report. . . Chairperson S. Planchon: It has been addressed. . . Rhonda Hanson: . . . okay. Um, on page 2-13 there's an unavoidable HH-7lchange in the visual quality of the area that I think should be louked at. Under noise, on page 2-15, it was my understanding all along from the County that in this area we did not have to have sound walls and all of a sudden, bingo in this EIR there are sound walls and I 'd like to know why that was put in all of a sudden and HH-8 as a person who served on the Specific Plan Advisory Committee for three years I know that was not intended for our area. We did not ' want sound walls in our area . I would like that removed from the EIR. Chairperson S. Planchon: You don't remove things from the EIR. The EIR you put as much into it as you possibly can. Rhonda Hanson: Well, not sound walls. I 'd like to take the sound walls out. Chairperson S. Planchon: You put it in and you have to address them. �. Rhonda Hanson: Okay, well then let's. . . Chairperson S. Planchon: At a later date. . . Rhonda Hanson: . . . let's address the sound walls and try to get them out. . . Chairperson S. Planchon: Alright. I:\%-o12\c1icw\191119\IiCIt1 C20N.nvg 4-345 Rhonda Hanson: . . .please. They were also talking about in the same page in the noise level about the existing residents being exposed to "short term impact from construction noise" and as a resident HH-9 that's directly down wind and from this project, I 'd like to know who considers 10 years of noise levels short term. I think that's unacceptable. Um, dewatering is on page 218 and dewatering has been covered. I would just like to reiterate that I think it's HH-10 very important that a bond be placed to protect the residents from the dewatering consequences. On page 220 the dynamic compaction, I don't believe that won't affect our residences. It says in there that it will not affect people that are over 150 feet away. I'd like to know where the 150 feet figure came from. I don't believe HH-11 that I am 150 feet away from the project . site anyway so what happens to me, the people that are under 150 feet away from the project. This I would also like to be bonded and guaranteed, some guarantee to me that what they say is true in this report. On page HH-12 2-22 , dust conditions, um, again I find dust in my face and in my ( house unacceptable for 10 years. They define extreme winds, they HH-131don't define extreme winds but they say that. . . Chairperson S. Planchon: You're covering almost everything that you said we've been through two and three times. If you can condense it a little more it would sure be appreciated. Rhonda Hanson: Well, you know, I spent a lot of time going through the EIR to find points that I think are important and I understand that you don't want to hear the same things over and over but it seems to me as Commissioners representing the community that if you hear the same problems from 20 people or 50 people or 1 , 000 people who live on Sandmound that maybe you would listen and take it into consideration just a little more than if you hear it from only one. It's very hard for me to go down my list and say, well, this one's been covered and this one hasn't. I took the time to go through this report as voluminous as it is bit by bit and I 'm sorry that you have to sit here and listen to this. It's not been pleasurable for me either. May I continue. Chairperson S. Planchon: Go ahead. Rhonda Hanson: Alright, the next one is beyond the dust conditions. The Fire Department problem most of you know that we're having problems with our fire control, with our paying for our fire HH-14 district as it is. I 'd like to know whether this is going to be a manned fire house and who's going to pay for that and if that needs, doesn't that need to be addressed in the EIR since it's part of the EIR. There's also a problem with sheriffs, I think that HH-151there, we don't have enough sheriffs as it is. A big major thing for me is schools. I don't think that this site is an appropriate HH-16I spot for schools since it's in such close proximity to lakes an the river. I think it's wonderful that they're going to give us these I:\vol?\clicni\I')O I R\l i('li l'('_'11ti.nu� 4-346 long-awaited parks but I don'tuite understand why the have to q Y Y HH-17 right under the power lines and I 'd suggest or ask that the EIR would consider moving the parks in another area away from the power lines. Um, on page 2-29 they said that the facilities will provide breeding habitat for mosquitoes if not properly maintained. Again, HH-18 I'd like to see guarantees that the, who is going to monitor what's properly maintained and whether we have a mosquito problem. On page 3-135 there's an impact on existing levee residents and I 'm concerned again about the pounding or the deep dynamic compaction that they're going to use. I 'd like to find out through an EIR HH-19 Process whether this pounding is equivalent to an earthquake and as everyone knows everyone's very concerned about levees breaking due to earthquakes. On page 3-137 it says a break is likely to, is unlikely to become bigger than 50 feet. Now I think that's a t.�. down and out lie and I watched tall and track break and I know for sure that it was at least 400 feet wide when it was done and I'd HH-20 like to know what's going to stop our levee at 50 feet. Um, on page 2-29 , the cultural resources I will skip because I think that's been covered. Chairperson S. Planchon: I think everything's been covered that you've discussed tonight by about at least a dozen times. Rhonda Hanson: Is it helping? Chairperson S. Planchon: Everything. (Claps and laughter) . Rhonda Hanson: On page 3-17 it says that the project residents HH-21I should be notified of the health hazards from the power lines. I 'd like to see the EIR changed to read "must be notified. " On 3-20 they talk about jobless housing and I 'd like to see if you're going HH-22 to approve a project for this area that you approve a project that has a jobless housing balance and this one does not. On page 3-45 again they talk about traffic problems that are created by this project. I just 'ask you to please to look at the traffic, all the traffic pages, and I ' ll skip the traffic pages for the moment if HH-23 I can be assured that all of you will please look at them all with an eye towards what traffic will be really like out there when this is done. Um, on page 3-62 , they say they could restrict the hours of construction operation for heavy equipment on State route for adjoining commute hours and I 'd ask that that again be changed to HH-24 "must restrict the hours of operations so that we don't have to put up with the heavy trucks during commute hours. I am a commuter and I know what it's like. On page 3-63 the project will contribute to long-term cumulative traffic. The County at this point already HH-25 Ihas a $500 million shortfall and it doesn't sound promising to me. Um, page 3-69 , again I want to remind you all of the unavoidable impact, significant unavoidable impact from dust. Please consider HH-26 us. Come out and take a drive, come to my house, I ' ll have you all _. to my house on a windy day and you can get a picture of what this is going to be like. Dust control measures should be a condition if I I:\vol?\clicnl\I')OIR\I iCRI'(:�Ilf;.nug 4-347 of approval by Contra Costa County. I'd like the word "should be HH-26 a condition of approval "must must be a 'cbndition of approval. " The project would result in a significant adverse impact on regional emissions. That's a quote from the EIR report. Um, I feel more studies need to be done on existing wildlife. I have seen a lot HH-27 more wildlife across the street from me than is listed in the report. On page 3-133 in the ground watering section I just like to note that I have a garden which once the plants are established in my garden it's not watered again for the rest of the summer and I get things out of my garden all summer. That tells me that there's a water level very high under my property. I have a CHH-28 problem visualizing how they can do dewatering across the street from my house and not affect the water level at my house enough to change the level of my ground and that bothers me and I would like to have somebody else do a report because I think the people who study this don't know what they're talking about. Um, on page 13-139 under water quality, I 'm concerned very much that the water's HH-29 going to be pumped out of that lake, out of those lakes into Sandmound Slough. I would like that looked into. Um, as far as the electrical transmission lines, I won't cover that and I will let the rest of the people speak who have a chance to speak. I 'm sorry for being redundant. I would like to say in closing that I know it's very hard for you Commissioners to sit up there and listen to us but this is our life, this is the safety of me and my family and all my neighbors. We've lived there for a long time and last week whenever Mr. Wetzel made a comment that I was wasting his time, that we were wasting his time, I felt very insulted and I feel that this Commission is here for us not for the developer. Please renew my faith in that concept. Thank you. Chairperson S. Planchon: Linda Wadsworth. Linda Wadsworth: I think it should be known that you guys are all volunteers, aren't you? Chairperson S. Planchon: Well , we get paid big money for sitting up here. „�. voice from audience - not understandable. Linda Wadsworth: But you guys are County employees, is this correct. Are you paid employees of the County, right, well, I 'm not hostile I must start off. This is not our intent, or my intent at any rate. In this last week I 've gotten a kind of an eye- opener as to what an ERI is or an ERA. . . Chairperson S. Planchon: EIR. Linda Wadsworth: Okay, and I think maybe, Stan you should explain to everybody here what you job about this ERI is like I 've been told this week. :\%o13\c1icnl\190 Is\1{CRf1('20S.lilt, 4-348 i Chairperson S. Planchon: Basically the EIR is an environmental impact report. When you have a project like we have at Cypress, State law now in projects of that size require that an environmental impact report be made getting all the input you could possibly get into it showing both the good aspects of the project, the bad, how they should be mitigated. You gather all this information and after that's gathered then it's accepted. After it's. accepted then the project itself gets started and that's where the nitty gritty is. Not in the EIR. The EIR is to get all the information we possibly can and then we go from there. i Linda Wadsworth: Okay, well this is where I think that I wasn't understanding. I was figuring that once this EIR was passed that nothing more could be done or changed or in that we would be rubber stamped. Obviously the employees that are here from the County have given this group the impression that they really don't care about what's existing there on Sandmound. And like I said, I'm not hostile but I might be just a little bit paranoid because what this project looks to us like is that they're going to build 16 foot safe levees around a brand new project. This only came to my attention about 6 months ago. Up until then I live in Oakley. I have property on Sandmound and I was saying what is the matter with everybody. Why don't they want beautiful homes built out there. This is nonsense and all of a sudden I discovered that they don't want to infiltrate into the area whatsoever. They want to put up 16 foot levees and separate themselves. Sixteen foot levees is a lot different than 6 foot fences, wrought iron fences, gate works such as that and I think that everybody could accept a beautiful new subdivision without the separation and I 've written a letter to the County on this and it states some of our concerns. I 'll, I' ll read it to you, it's short and I'm not going to go any !� further. (Reading letter) The environmental impact report for this project does not reveal the impact of this levee on the property owners on Sandmound and the area in general. What will the affect of noise be between these levees. What about our entrapment between these levees? What about air quality between these levees? I feel it is totally wrong for this subdivision to be considered for rezoning in its present form. Almost everyone in the area would like to see a new development such as this come into our area. The key word is into our area and not to be allowed to become a community on to itself. Their levee within a levee would tear our neighborhood into separated spaces, safe and unsafe HH-30 zones. This would be extremely unfair to the people living on Sandmound, Cypress and all of the areas nearby. This subdivision would not be an improvement to the area and instead would be a total injustice to our entire community. It is obvious to anyone that a levee surrounding the new subdivision would immediately speak a thousand words and the huge statement would imply that the rest of the immediate area should be considered less than desirable and unsafe. If in fact a rezoning were to be considered the entire I:\�•ol?\client\17018\I (:121'C?Uf;.nuc 4-349 area rightfully should be included in. this safe zone. This new subdivision should be part of this expensive recreational area and not be barricaded within a dry levee and become an interruptive community within our community. The only reason one would even consider such a disturbing venture would have to be the added tax revenue the County would gain. I certainly hope this rezoning issue is resolved to benefit the entire existing area instead of just this particular developer. I sincerely hope our Board of HH-30 Supervisors will consider the devastating effect this will have on our property and insists that this new development come into our community in a more friendly fashion. It is appalling to me that only recently has it become clear that they intend to surround this new subdivision with this huge dry levee. Please stop this project with its levees now and make sure we all become safe. Somewhere, sometime, somehow this County government has got to get in touch with the people that are living in this County. Somewhere government's got to get smart. I'm done. Chairperson S. Planchon: Thank you, Linda. (Clapping) Chairperson S. Planchon: Mark Carter. Is he gone? Voice from audience: Ah, he's at home taking care of his family, I 'm sure. Chairperson S. Planchon: Lorraine Henderson, Sherry Johnson. D. Shipway: I'm sure she's not here either. . She wanted to know if she could come to the March 1. . . Chairperson S. Planchon: Paul Allen. Paul Allen: Hello, (unintelligible) . I live at 4776 Sandmound Boulevard and I just have a very short one so I hope you'll stay awake for it. On page 1, section 9 , this plan promises to pay $3 , 333 per unit to the County for the affordable housing fund. This would total over $4 million but the builder may, instead of paying, provide affordable housing on site. I believe plans for HH-31 any affordable housing units should be included in the EIR. if not, then the decision to build these units should not rest with the builder. I 'm not against low-cost housing but if I 'm to live beside it I 'd like to know (a) what it would look like, (b) who will live there and (c) who will maintain the property. I don't want a $4 million surprise. Thank you. Chairperson S. Planchon: Craig Ogren. Voice from audience: Craig Ogren is out of town. I:\VoI2\CIiC n I\19018\1 i('It I I('208.1111, 4-350 Chairperson S. Planchon: He's gone. D. Shipway: He'd like to come March 1 also. Chairperson S. Planchon: Seth Cockrill . Seth Cockrill: My name is Seth Cockrill . I live at 100 Fireplace in Knightsen. Mr. Chairman, members of the Commission, I 'm here representing the Knightsen Community Council. We wrote a letter on the last EIR. We asked that Knightsen be included in the traffic study. At least this time they didn't recognize the HH-32 Knightsen and had a couple of roads but they don't know where they go. We would like to see this addressed not only on this project but all projects as we heard earlier tonight. Knightsen feels it's being left out. Knightsen has very narrow roads ' and every project that. . . . (new tape begins here) . . .and in Brentwood cannot travel on Highway 4 as well as all areas in the East County be considered before projects that are done to consider major traffic. Thank you. Clapping from audience. Chairperson S. Planchon: Katie All. Katie All: My name is Katie All and I live at 384 Sandmound Boulevard and the first thing I 'd like to address was the EIR report was not available as stated in the letter from Mr. Beresford. The local library does still not have a copy of it and I was not able to attend last week so I 'm not sure of all the things that have been covered. I 've listened this evening and I ' ll try not to cover some of those things as well. One of the things that was specifically mentioned in the new EIR is that levels of six decibels or more are considered a significant change to the noise levels in the area. Uh, there's a reading that was taken at Cypress and Bethel Island Road that would change from 48 decibels to 65 decibels. That's an increase of 17 decibels and they're suggesting as part of the mitigation that again this sound wall be built. I hope the County notices that they're in for 40% of the cost of this new sound wall. Um, again the EIR addresses the visual quality of the area but it still states that often the homes in the area which I 'm assuming is Sandmound are three and four HH-33 stories tall. Um, I took a quick count, 96% of the homes in the area are one and two stories tall . That's not very accurate counting. Um, most of the one story homes would directly be up against this new proposed levee and part of the approval of this new project is with its recreational appeal. We already have two existing golf courses in the area, two more are proposed for the immediate East County area . Do we really need a fifth golf course? What percent of our population actually golfs? With the Delta area so close what recreational benefit does the lake offer, there's no swimming in the lake, there's no boating in the lake and the I: c<il� client I')Olh 1{C1:1'('_'llti.ntl �' 4-351 �. revised EIR, um, just a brief comment on traffic, still shows that Melroy Road is a main thoroughfare and an alternative route to Highway 4 at the junction of 160. This is a dirt road across private property. And, a final comment on the levees and I know you've heard before, I find the safety both during and after the HH-33 construction, um, a real issue for the existing residents. If this particular levee is approved will it pave the way for future levee systems around future projects and ultimately the demise of our current 799 system. Why have all, why not have all future projects support the current 799 levee system and make all of the area FEMA approved. Chairperson S. Planchon: Thank you. Larry P. Gardner. Larry Gardner: Good evening Council. My name is Larry Gardner. I live at 5383 Sandmound. I 've been here for most all these meetings. I don't have a prepared statement. I just like to say that I 'm in favor that will bring prosperity to our area. I encourage jobs. I 'm in favor of all forms of monetary gain. I don't have a qualm with it. Has the County considered maintaining current building practices? If they're going to allow these people HH-34 to build ring levees as this draft EIR presents why are they not requiring current residents to build their homes to that same requirement. If the requirement we're building our homes to now is not adequate then they should not be allowed to be built to begin with. Thank you. Chairperson S. Planchon: Thank you. Clapping from audience. Chairperson S. Planchon: I finally got to the bottom of them. (I Carol Coleman. Carol Coleman: My name is Carol Coleman and I live at 3150 East Cypress Road which is the extension. I have a lot of questions to ask but most of it has been covered. My main concern right now is that each time I come here to this Commission there's a piece of property pointed out as if it means nothing to anybody and it's referred to as. this little triangular portion of land maybe less than a half acre is what it said and that's all that's said. That happens to be my property and it's . 58 of an acre. I 've lived there 30 years. I have animals that are a part of agricultural land. Occasionally they say the road is going to go through that property and they're going to take part of it. I can't afford to have that property taken if I 'm going to stay agricultural. We HH-35 have tried to work with Three Sisters Trust, Lynn Jochim and A.J. Salomon about relocating. They don't seem to be concerned about relocating us at this point. My concerns are what is going to happen with my property if they put the road through. At one point they told us the road was going to go behind my property and I was 1:\�•ol3\client\1')UIR\1 iCRPC?(lt;.nug 4-352 going to abut near a golf course, I. would be no problem to anybody. Now they want to put houses all around me and at one point three homesites were going to take a part of my property. I was going HH-35 to be part of three home sites and the road was going to go through it. The last report I heard there's been no decision. Why hasn't there been a decision in the EIR as to what my property is intended for. Chairperson S. Planchon: The EIR does not make decisions. The EIR is a document showing the concerns of. . . Carol Coleman: This h is a concern. . . Chairperson S. Planchon: . . . of the people, yes. . . \ Carol Coleman: . . . it is a concern but there's nothing in the EIR. . . Chairperson S. Planchon: . . .we don't answer those concerns at this plate. You have to get them down, get them out and get them in writing and those concerns will be addressed. . . Carol Coleman: I have done that. Chairperson S. Planchon: . . .when the project starts to. . . Carol Coleman: . . .but- why is not in the EIR? Chairperson S. Planchon: Well , put them in right now. Carol Coleman: I 've mentioned it twice and it's not in there now. Chairperson S. Planchon: Put it in writing. Put it in writing. Carol Coleman: I 've written a letter. Why is it not in the EIR what the intent is. . . Chairperson S. Planchon: Well , it's up to you to put it in writing and make sure it's in there. Carol Coleman: I did. I have put it in writing and mailed it, it's still not in there. This is what I 'm saying. Why are these not put in the EIR. voice in audience: They don't know how to read. Female from audience: Stan, isn't it clear that this will become a part of the EIR. If you put it in writing, get it in there, it will become a part. Chairperson S. Planchon: That is correct. I:\vo13\c1icnt\17011\I URI'U_'Ilti.mig 4-353 Same female: And it' ll be up to the Supervisors to decide that and address it. Commissioner J. Hanson: It will become a part of the responses to the EIR which is done later. Carol Coleman: Yeah, but don't those responsible, responses have to be in print with the EIR. Commissioner J. Hanson: No, the responses come after the EIR is final. Carol Coleman: Well, I've just seen no changes as to what the intent is and I think that's a concern. Thank you. Chairperson S. Planchon: The closing date on this is, will probably be the 16th by 5: 00 p.m. and I would encourage all of you to have everything that have been discussed all in writing and in by the 16th. After that point in time there's what we call a response period. The applicant will have a chance to respond to all of the questions that have been raised with the EIR then a new document is created and from there it eventually finds its way up to the Board of Supervisors. At that point you folks will have another opportunity to speak out for or against the EIR before it's finally �- certified. Is there anyone else who wishes to speak tonight that we didn't cover? One more gentleman here. Fred Davis: My name is Fred Davis. I live in #19 Cactus Lane. These aren't m comments but the are comments that I requested Y Y q along with a group of citizens that live out on Sandmound and there from the Bay Area Air Quality Management District. Our requests, they reviewed this Draft Environmental Impact Report and addressed this letter to the Community. Development Department, their Mr. Beresford, and it goes on to say, "we have reviewed the Draft Environmental Impact Report for the Cypress Lakes and Country Club project proposed for northeastern Contra Costa County. The Draft Environmental Impact Report assesses the potential impact to the environment of rezoning 685. 9 acres from general and heavy agricultural district to planned unit district and for the construction of approximately of 1, 330 single family residential units, golf course, school site, fire . station and so on. As discussed in section 3 . 3 of the EIR the project would result in a significant adverse impact on regional omissions specifically reactive organic gases and oxides and nitrogen which are precursors of ozone. The implementation of mitigation measures discussed in 3 . 3 has a potential to reduce project impacts on regional air HH-36 quality by approximately 10% However, the omissions impact would remain significant and effect both the San Joaquin Valley Air Basin and the Bay Area Air Basin. . We are also concerned that this project may not be consistent with the land use goals of the Contra HH-37 Costa County General Plan, goal 3-25 of the land use element of the 1:\�o12\clicn�\19018\I[CRI'C3Uti.mtg 4-354 plan states that new residential development shall be accommodated only in areas it will avoid creating severe adverse impacts on the environment and upon the existing community. It is unclear how this project is consistent with that land use goal. The project HH-37 also seems to be inconsistent with land use goals 3-A and 3-2 , goal 3-A calls for the protection of agriculture and open space, goal 3-2 states that jobs in-fill shall be supported and stimulated where jobs housing ratio chose an over abundance of housing to jobs. The Final Environmental Impact Report should address consistencies of the proposed project with the plan including the specific goals cited above and especially the air quality impacts of any inconsistencies that may result. And then it goes on to say it's talking about bicycle trails and pedestrian trails. It didn't say anything about rick-shas but it might not be a bad idea. They have an additional example of mitigation measures for this project, might include substantial public transportation service between the HH-38 development area and significant destinations, employee shuttles to major work sites, the requirement for use of clean fuel transit buses, CNG methanol and electric where possible, and establishing car pool and van pool programs. We appreciate the opportunity to comment on this project. If you have any questions or comment, please contact Mr. John Walsher, Environmental Planner. This was written by Mr. Milton Felstein, Air Pollution Control Officer and he's also an expert. Clapping from audience. Chairperson S. Planchon: Anyone else. I want to give everyone an opportunity. Patricia Curtin: I would like to make a rebuttal on behalf of the applicant. P. Curtin: Thank you, Mr. Chair and all fellow Commissioners. My name is Patricia Curtin, legal representative for Chartered Land & Cattle Company on the Cypress Lakes project. I 'd like to start off by thanking everyone for their comments on the Draft EIR. Please rest assured that all comments heard tonight on the Draft EIR will be responded to in writing by the EIR consultant. Written comments will be permitted until the 16th of February and all those comments will also be responded tonin writing. CEQA acknowledges the need for the community involvement that is why CEQA requires that a Draft Environmental Impact Report be prepared. Through public comments and responses to those comments we have another document as explained by the Chair called the Final Environmental Impact Report. Those two documents together make up the EIR. Only then can the decision-makers such as yourself make a decision on this project. Tonight we've heard a lot of conflicting testimony on the various points of this Draft Environmental Impact Report. Again, CEQA recognizes that experts' opinions may vary on particular issues. This disagreement amongst experts does not make I:\%o12\cl ient\19018\1 i(AZV(•2()S.nug 4-355 D an EIR or Draft EIR invalid. It only shows that people have a difference of opinion. These opinions if made by way of comment like they were here tonight are considered and responded to and they may if legitimate be accepted or followed through. A valid EIR must follow through all the procedural requirements of CEQA and include technical data to allow the decision-makers again such as yourself to make an informed decision. This is an informational document. By making a decision on this document or recommendation for certification to the Board of Supervisors does not mean that you are approving the project. That is the next phase of the planning process. I 'd like to just make some quick comments about the new soils report that was distributed to you this evening. HH-39 That soils report is near identical to the one that the environmental consultant included as an appendix in the EIR. As a result this Draft EIR adequately analyzes all the conclusions and recommendations made in that report. The conclusions and recommendations contained in the newest soil report are near identical to the ones contained in the staff report and the County does have their own independent geotechnical consultant that does review all soils reports and that section of the EIR and that, that �I individual did in fact review that one for the Cypress Lakes EIR. I urge that the Commission close the public oral comment period on the EIR tonight and make a decision on whether or not they would like to certify it. Again, we have until the 16th of February to accept a written comment and then when we come back to you you can make your recommendation on the EIR. Are there any questions? Commission S. Planchon: For the point of clarification we do not certify. P. Curtin: No, you make a recommendation, I apologize if I caused any confusion. Thank you. Commissioner S. Planchon: Any questions? Mary, do you have an address that the good people out there could mail in all of their written comments, get them in writing. M. Fleming: Absolutely, any written comments can be addressed to the Community Development Department, it's 651 Pine Street, Martinez, California 94553 and direct those to the attention of Art Beresford. You get them there as directly as possible. He' ll be collecting all of the conditions, all of the comments that come in there' ll be passed on to the environmental consultant after the 16th. Commissioner S. Planchon: After the 16th. M. Fleming: And then we' ll begin work on the response documents. Commissioner S. Planchon: And, what's the time frame before it' ll get back? Roughly. I:\veil2\client\19018\1`ClZl,C'nti.III 4-356 M. Fleming: I would say probably a month. Commissioner S. Planchon: A month, okay. �•, Female voice in audience: I don't mean to sound paranoid. Would you suggest that maybe we send these return receipt? (Laughter in room) Female voice again: I mean would that be a recommendation or do you . think that they might acknowledge that they received all, each and every one of these. M. Fleming: Anything that's received on this project clearly state on the written comments that this is a response for the EIR, identify the project so we know which project. . . Female voice in audience: I recognize that, Mary, but through the few meetings that I 've been here, it appears pretty apparent that there's great many people here who have found that the County has lost, misplaced or never received documentation. You think a return receipt might be in order here. M. Fleming: If it makes you more comfortable that's fine. Female voice in audience: They will sign for them, I mean there's no. . . M. Fleming: Of course. Female voice in audience: . . . I mean, there's no County Ordinance that says they can't. M. Fleming: No. Female voice in audience: Okay. Chairperson S. Planchon: Can I have a motion to close the public hearing? Commissioner E. Sobalverro: I move that we close the public hearing. Commissioner E. Andrieu: I ' ll second it. Chairperson S. Planchon: All those in favor. (Vote cast) All say aye. 1:\vo12\cIicnt\19018\1•:C1ZN7208.mlg 4-357 ', Chairperson s. Planchon: Now, I need a motion with whatever you folks warit to do with the EIR, You wish to call it adequate and send it to response, not response, written comments which will be deadline at the 16th at 5: 00 p.m. , 16th of February . M. Flemings Mr. Chair, you wouldn't want to Call it adequate at this point. All you want to do is close testimony. 1 Chairperson S. Planohons Close comments, close the public hearing and as)c for written comments. 1` M. Fleming: Right. Chairperson S. Planchon: That's the motion that's needed . We have a motion? Commissioner E. Andrieu: I ' ll make that notion. Chairperson S. Planchon: We have a second? Commissioner R. sobalvarro: I made a motion on that, Mr. Chairman. Chairperson S. Planohons Pardon. Commissioner E. Sabalverro: I had already made that motion. Chairperson R. Planchon: Okay. Roll call . D. Foley: Commissioner Soba.lvarro. Commissioner sobalvarro: Aye. D. Foley: Commissioner Andrieu. Commissioner Andrieu: Aye. D. Foley: Commissioner Hanson. Commissioner ,T. Hanson: Aye. D. Foley: Commissioner Maybee. Commissioner Maybee: Aye. D. Foley: Commissioner Wetzel . Commissioner wetael: Aye. D. Foley: Chair Planchon. 4-353 Commissioner S. Planchon: Aye. D. Foley: Comments closed. Public hearing closed. Chairperson S. Planchon: okay. Roll call. D. Foley: commissioner Sobalvarro. Commissioner Sobalvarro: Aye. D. Foley: Commissioner Andrieu. Commissioner Andrieu: Aye. D. Foley: Commissioner Hanson. Commissioner J. Hanson: Aye. D. Foley: commissioner Maybee. Commissioner Maybee: Aye. D. Foley: commissioner Wetzel . Commissioner Wetzel: Aye. D. Foley: Chair Planchon. Commissioner S. Planchon: Aye. END OF HEARING ON ITEM NO. 4 L\vo12\c1icn(\190 19\1;CR PC208-111tg 4-359 CYPRESS LAKES AND COUNTRY CLUB DRAFT ENVIRONMENTAL IMPACT REPORT COMMENTS FEBRUARY 8, 1993 - PLANNING COMMISSION HEARING INTRODUCTION Good evening Chairman and Fellow Commissioners I am T-ynn Jorhint the owner / Developer of Cypress Lakes Golf and Country Club. To night, I am hear to support the ndpquAny of the Recircul-ited Draft E. I . R. prepared for Cypress Lakes. I began working on this project in April of 1987 with the community. Tt was shortly thereafter the BIASP committee was formed. However, Bob Dal Porto, the original land owner had been working on the lake development concept for years prior. You have before you a DZIR which is tho rocult of many years of public input and the information from 3 prior Draft EIR prepared for this projQct and the BILSP. This DEIR was proparod by an independent consultant firm hired by Contra Costa County to study the Environmental impacts of this project and to identify mitigation measures which reduce lii1pdUL6 to a less - than - significant level . The consultant received reports and information from other speciali4ed vonsulLdIL'U3 on the project. The County and the EIR consultant made their own independent raview v1 Lhei3ij reports prior to the preparation of this draft EIR. The technical consultants have extensive expertise in their fields with experience on projects similar to Cypress Lakes. Soils Engineer has 40 years of expertise in work in the Delta. They have done 80% of all levee work submitted for approval to EMA. This EMA work has included interior dry levees inside existing Delta levees . 4-360 Civil Engineers have been involved in Bay/Delta projects for over 20 years. They've had extensive work in areas high water table, in flood plains and with similar soil conditions . Wetland Consultant prepared the delineation report which was verified by the Corp of Engineers. Moreover, he worked for the Corp for 16 years delineating wetlands in agriculture areas, and assisted the Corp in writing their technical manuals. Plant and 9ndanaered Species consultant is world renowned and has done several studies for State and Federal Agencies . She spent numerous days evaluating and inspecting the site and came up mitigations measures to avoid any impact. Water _Quality consultant proposed proven techniques which have beenapprovedby the EPA under their clean water act and confirm with NPDES the newest discharging permit. The list of professionals who have- prpparprl cipt.Ailpri -r(*pnrt-.s nnthe site goes on to include Noise, Air Quality, Archeology and Traffic. Thp nRTR addrpsges impacts and proposes mitigation measures to be implemented. The EIR consultant has prepared a Miticlation monitoring Program to assure the implementation of these mitigations which will be ultimately adopted by the Board of Supervisors along with the conditions of Approval. IZ In August of 1992 the 1st Draft EIR on the project was released for 45 days of public =eview. In the Fall You he'drd Ittally 11UU.L16 of public testimony on the DEIR. The 45 days ended September 28, 1992 . The comments from the collullurilLy dill the enviruiutientalietts focused on 6 main issues. Reports and further documentation were prepared and have been lnvlud"d in tile Recirculated Draft to make a more conclusive and complete environmental review. These areas 1. wetlands - A monitoring program was drafted to assure implementation 2. Levee - An evaluation of the interior levee vs other alternatives were evaluated on cost and feasibility 3 . Landscape - A detailed landscape plan was developed to lessen visual impacts 4 . Flood plain - A flood plain evaluation was prepared with statistical data to address the effects of a double levee in case of a levee break on the existing levee. 4-361 5 . Soils - A total of 62 borings on site have been drilled and evaluated to address methods of construction, etc, 6 . water Quality - A detailed program was prepared to be consistent with EPA standards and address the new NFDEs, storm water discharge permit. This EIR is the result of input from the local constituency, concerned environmentalist, the County Supervisors and staff . A Recirculated DEIR was prepared to further incorporate the comments and concerns by these groups along with the new studies and more detailed information. Moreover, the County staff has made their independent review during the Administrative Draft stage and thereby approved the release of this draft tn the public . The environmental groups that are most active in this County and their attorneys have reviPwAd this recirculated draft EIR and find it adequately addresses their concerns for this area. They feel it gives a honAst AnRlysig of the impacts of this project and recommend, realistic raitigation measures. SlimmAry In summary, the procass behind tho preparation of this Environmental doclament has been a long but an elaborate one. The documant incorporator cxtanaive technical and legal review alolly with input of staff and environmentalist. Cumulatively, this represonts a woll educated group of professionals wLuL wxpwrieric and concerns for the development of urban communities. That is why I am able to support the adequavy ul this recirculated Draft of EIR with conviction. Thank you, Q and A Z 4-362 CYPRESS LAKES AND GOLF COURSE TIMELINE April 1987 (Bethel Island Area specific Plan) BIASP committee formed -- 10-11 Bethel Island residents mat 1-2 times a month for 1 1/2 years . Proposal 2,000 units on-island/2,000 off-island. June 1988 1st DEIR released on BIASP for development on and off island. Lots of public and political concern. Plan rejected. October 1989 2nd DEIR released on BIASP development mostly off island development. Lots of public comment and political comments . .Adopted by Planning Commission June 1990 DEIR adopted by Board of Supervisors July 1990 Lawsuits filed -Sierra Club, Audobon, Greenbelt Alliance, Statp? .ands Commi Ftsion January 1991 Mew County Wide General Plan adopted. DIASP area designated for residential 1-3 units per acre. ,'raniiary 1992 New DEIR on Cypress Lakes began boing drafted. August 1992 Distribution of DEIR to community 45 day review. September 1992 *2 Public Hearings on DEIR over 6 hours of testimony. Octobor. 1992 *1 Ilearing on project wiLit 4 tiuurs of testimony. Nov . & Dec. 1992 SettlemenL uct lawouit. Part of settlement agreement to recirculate DEIR. January 1993 Recirculated DEIR released. February 1, 1993 *Public comment 2 hours on DEIR. February 8, 1993 Public comment on DEIR. February 16 , 1993 End of Written comment period on DEIR. �! * At all the hearings there has been 10-12 speakers . At every ■ meeting 8-10 have been the same people with the same complaints. r 4-363 Response to Letter HH: East County Regional Planning Commission Continuation Hearing, February 8, 1993 Response HH-1: The soils report presented as part of this comment is included as an attachment to Letter S from Gagen, McCoy, McMahon & Armstrong, February 16, 1993. Response HH-Z: All of these comments are contained in Letter X from Alexander Buller, February 1, 1993. Refer to Response to Letter X for responses to these comments. Response HH-3: Refer to Response X-10. 1 Response HH-4: As described on page 3-39 of the DEIR, the project would have three access points, one at the intersection of Cypress Road and Bethel Island Road, one at Cypress Road and Sandmound Boulevard and another onto Sandmound Boulevard on the north side of the project. However, the Cypress Road intersection would be the principal point of access and would be used by about 85 percent of the total trips from the project. Response HH-5: Refer to Response 0-3. Response HH-6: Comment noted. This comment reflects the opinion of the commentor who agrees with the findings of the DEIR that the project would result in an unavoidable impact on regional air quality (NOx and ROG). No additional response is necessary. Response HH-7: 1 Comment noted. Visual quality is discussed on pages 3-99 to 3-108 of the revised DEIR. Response HH-8: Comment noted. The comment reflects the opinion of the commentor. Soundwalls are proposed as one form of noise mitigation. If desirable the County may require other mitigation 4-364 1 techniques such as architectural treatment as referenced in mitigation measure 3.6-1, p. 3-16 of the DEIR. Response HH-9: The DEIR identified construction noise as an unavoidable short-term impact. "Short-term" is used to describe this impact because upon completion of project construction these impacts would cease. On the other hand, long-term impacts are defined as those which continue indefinitely. Response HH-10: Refer to Response V-20. ' Response HH-11: Refer to Response X-7, section (d). Response HH-12: Mitigation measures 3.3-1 and 3.3-2 are proposed to reduce construction period dust emissions. However, as described in the DEIR on page 3-74, the potential for dust nuisance would still remain along Sandmound Boulevard. Therefore, dust emissions during construction would be considered a significant unavoidable adverse localized impact. Response HH-13: See Response Y-3. Response HH-14: See Response V-21. Response HH-15: See Response V-22. Response HH-16: See Response V-23. 4-365 1 Response HH-17: Mitigation Measure 3.9-10, page 3-187 specifically calls for active recreational use areas to be located outside the power line easement, including baseball diamonds, soccer fields, and playground areas. Response HH-18: As described on page 3-188 of the DEIR, the Contra Costa Mosquito Abatement District (CCMAD) would be required to approve any design plans for wetland and pond areas on the project site. Response HH-19: Refer to Response X-7, section (d). Response HH-20: Refer to Response Y-28. �. Response HH-21: Mitigation measures in the DEIR are only proposed at this time (hence the language "should"). Upon the County's approval of the project, all mitigation measures would become requirements of the project and would be implemented through a Mitigation Monitoring and Reporting Program. Changing the language of mitigation measures, therefore, is not appropriate at this time. Response HH-22: Refer to Response 0-2. Response HH-23: Comment noted. The comment does not address the adequacy of the EIR or an impact on the environment. No response is necessary. Response HH-24: Refer to Response HH-21. 4-366 1 Response HH-25: Mitigation Measure 3.2-16 of the DEIR acknowledges the long-term cumulative traffic impact of the proposed project. This mitigation measure would require the project to pay its fair share toward the subregional road fee. Response HH-26: Refer to Response HH-21. Response HH-27: Comment noted. See responses to Letter E California Department of Fish and Game. P p Response HH-28: Refer to Response X-7, section (e). n Re spo se HH-29: The commentor is correct that excess water would be pumped into Sandmound slough. However, the quality of that water would be monitored and required to meet NPDES requirements. Response HH-30: All of these comments are contained in Letter N from Linda Wadsworth, February 2, 1993. Refer to Response to Letter N for responses to these comments. Response HH-31: Affordable housing is not proposed on the site at this time. If it is proposed, the County may require additional review of the project. Response HH-32: The Transportation/Circulation chapter of the DEIR (Chapter 3.2) studied a number of intersections in the project area, including the Knightsen Avenue/Cypress Road intersection. According to the traffic study, approximately 110 vehicles currently travel toward Knightsen on Knightsen Road, between Delta Road and Cypress Road during the P.M. peak hour. The proposed project would add approximately 40 vehicles to Knightsen Road in the P.M. peak hour. This increase, due to the project, was not considered significant. However, the DEIR includes mitigation to improve the Knightsen Avenue/Cypress Road intersection. 4-367 Response HH-33: All of these comments are contained in Letter T from Guy and Katie All, February 10, 1993. Refer to Response to Letter T for responses to these comments. Response HH-34: Comment noted. This comment reflects the opinion of the commentor. If the proposed levee is constructed, the project site would be removed from the flood hazard zone. Homes within the flood hazard zone are required to be built above the flood level. This requirement would not apply to the project site if removed from the flood hazard zone. Response HH-35: All of these comments are contained in Letter DD from Carol Coleman, February 11, 1993. Refer to Response to Letter DD for responses to these comments. Response HH-36: Comments noted. The commentor restates the findings of the EIR that the project would result in an unavoidable impact on regional air quality. No additional response is necessary. Response HH-37: The Land Use Element of the General Plan does not contain a goal numbered 3-25. In addition, none of the goals listed in the Land Use Element refer to development only in areas where it will avoid creating severe adverse impacts on the environment. Policy 3-25 addresses the rehabilitation of existing dwelling units. Goal 3-A states the following: "To coordinate land use with circulation, development of other infrastructure facilities, and protection of agricultural and open space, and to allow growth and the maintenance of the County's quality of life, In such an environment all residential, commercial, industrial, recreational and agricultural activities may take place in safety, harmony, and to mutual advantage." The project appears to be consistent with this goal in that adequate infrastructure facilities are either currently available, or have been identified as specific mitigation measures to be implemented as part of the project in order to serve new residents on the project site. The project also provides for the protection of agricultural and open space areas in that the project site is located within the County's Urban Limit Line. Areas within the Urban Limit Line are identified 4-368 1 as those areas of the County upon which development could take place. Areas outside the Urban Limit Line are identified as those areas which should be protected for agricultural and open space purposes. Policy 3-2 pertains to encouraging jobs development in areas where the jobs/housing ratio shows an overabundance of housing to jobs. The Bethel Island Area does show an overabundance of housing to jobs. However, the existing General Plan designations for the project site and surrounding areas (Off-Island Bonus Area) do not provide for significant job development in this area. The proposed project is consistent with the policies and requirements of the Off-Island Bonus Area. Response HH-38: The DEIR on p. 3-185 discusses the proposed project's consistency with the bicycle and pedestrian trails plans of the Contra Costa County General Plan. See Response L-4 regarding public transit. Response HH-39: The soils report referenced in this comment is included as an attachment to Letter S from Gagen, McCoy, McMahon & Armstrong, February 16, 1993. �I 4-369 i5. ERRATA AND CLARIFICATIONS The following errata and clarifications refer to additional corrections not referenced in the previous sections made on the Draft EIR. If the correction requires revision to the text of the Draft EIR, the subject text from the Draft EIR is shown with deleted text struck through and new text highlighted in bold. Corrections 1) Mitigation Measure 3.2-4, page 3-60 of the DEIR is modified as follows: 3.2-4 Sandmound Boulevard Improvement- This project would reconstruct Sandmound Boulevard from Bethel Island Road along the north border of the project and along the project's easterly frontage on Sandmound Boulevard. This projec� The remaining improvements would be done in conjunction with other developments along Sandmound Boulevard. (Responsibility: Contra Costa County as a condition of future development). 2 Table 3.2-4 page 3-40 of the DEIR has been revised to include AM peak hour tri counts �P g P P as follows: Table 3.2-4 CYPRESS LAKES TRIP DISTRIBUTION :;: irretio>#:n ;.;: `' :':.Pei cent;.;::::: co'ecit.:;.>:: :In:::;:;....;A ::;::: ,;:.::: ,lV[:; 1v1:xxl::`::....:.. M::.:;.......................... ..................... ..................::::.::::::::::::.:::...::..:::::::::::::::: ::::..:,::::::::: T....::::;ri >:»::<: . vt':`>> << Tota ut .. .;1..:.::::: i................:.:::................:::::::C�.::::..:::::.:::::::.: ::::::::::::::::::.::::.:,.::::.::::: P .. North to Bethel 4% 480 11 23 34 30 18 48 Island Highway 4 to 42% 5,050 113 244 356 311 189 500 Antioch-Pittsburg Local Trips into 23% 2,760 62 133 195 170 104 274 Oakley Local Trips into 14% 1,680 38 81 119 104 63 167 Brentwood Highway 4 toward 8% 960 21 46 68 59 36 95 Stockton Highway 160 4% 480 11 23 34 30 18 48 toward Rio Vista Vasco Road 5% 600 13 29 42 37 23 60 toward 1-580 1 5-1 3) Table 3.2-6(c), page 3-55 of the DEIR, references the Delta Expressway as a "two-lane facility". This is corrected to reflect the Delta Expressway is proposed to be a four lane facility. 4) Chapter 5.2 - Cumulative Impacts, page 5-2 of the DEIR, the third bulleted item under Projects within the Bethel Island Area Planning Area is revised as follows: • Lesher Landing: proposed 571 unit project located west of the proposed project along the north side of Cypress Road. 5) Several corrections are necessary to the Sewage Disposal discussions in the DEIR beginning on page 3-200. • p. 3-200, 2nd paragraph under Sewage Disposal, last sentence incorrectly references that the Oakley/Bethel Island Wastewater Management Authority was transferred to the Ironhouse Sanitary District. This should have referenced that the Oakley/Bethel Island Wastewater Management Authority was dissolved. • The DEIR referenced "Jack Elder" Ironhouse Sanitary District. This is revised to reference "James Elder". • P. 3-202 3rd fullara a h 5th line is revised as follows: P Zn' P "a 100-acre parcel, owned by a nearby dairy, that can be is used for...." �. • p. 3-203, 1st paragraph, 4th and 5th sentences are deleted. • p. 3-204, 1st paragraph under impacts 2nd sentence incorrectly references the Oakley Sanitary District, it should read the Ironhouse Sanitary District. ` 5-2 APPENDIX A CALINE-4 INPUT AND OUTPUT FILES APPENDIX A CALINE-4 INPUT AND OUTPUT FILES The CALINE-4 input and model result files are identified by a file name. The following table provides the file name associated with each alternative set of assumptions. Intersection Alternative File Name Bethel Island/ Sandmound Existing 1CYPEX Project 1CYPPR Cumulative 1CYPCU Bethel Island/ Cypress Project 2CYPPR Cumulative 2CYPCU Bethel Island/ Gateway Existing 3CYPEX Project 3CYPPR Cumulative 3CYPCU Cypress/ SR 4 Existing 4CYPEX Project 4CYPPR Cumulative 4CYPCU nr-r Ufxi run r1LC ; 1Lvuo-,A 1. cite Variables U= 1.0 M/S 70= 100.0 CM BRG= 0.0 DEGREES VD= 0.0 CM/S CLASS= F STABILITY VS= 0.0 CM/5 MIXH= 1000.0 M ME= 0.0 MPn SIGTH= 10.0 DEGREES TEMP= 4.0 DEGREE (C) 2. Link Descriotiorf �. LINK LINK COORDINATES (M) * EF H V DESCRIPTION * XI Yi z2 Y2 t TYPE VNO iviili .4) A. SANDMOUND EB -250 -2 I N 26. B. SANDMOUND WB 250 c -250 2 IN I% 26.] i U 10.0 C. BETHEL NB 2 -,:,u 2 2'a IN 4i�U '0.1 G.v li:. ) D. BETHEL SB -2 250 -Hmo IN ce0 =o.= 0.0 i0.+1 MIXW * L R STPL DCLT ACCT %D EFi iDT? iLT_ LINK * (M) (M) (M) (SEC) (SEC) (MPH) NCYC NDLA VPHO (G/Mini iSEM ( EC) ---t-- - ------- ------------------------ A. 0 0 240 15.0 12.0 30 1 1 20 2.3 45•.0 ).() B. 0 0 240 15.0 12.0 30 1 1 10 5.3 4:.0 10.0 C. 0 0 240 15.0 12.0 30 7 2 400 5.3 1=11.0 0.0 D. 0 0 240 15.0 12.0 30 4 1 260 5.3 1-5.0 0.0 3 R r r eceuto Coordinates X Y Z RECEPTOR 1 -14 14 1.5 RECEPTOR 2 14 14 1.5 RECEPTOR 3 14 -14 1.5 RECEPTOR 4 -14 -14 1.5 �I MODEL RESULTS FOR FILE C:ICYPE% * PRED *WIND # COCN/LINK * CONC * ERG RECEPTOR * (PPM) *(DEG)* A E C D ------t------+--*----------------------- RECPT I * 1.7 * 151 * :1.i 0.0 '..= 0.4 RECPT 3 * 1.9 * 201 * 0.i ().1 1.4 0.3 RECPT 3 * 2.0 * NO * 0.0 0.0 1.0 0.2- RECPT 4 * 1.7 * 90 * 0.0 0.0 1.5 0.2 REPOFT FOR FILE : 1CYPDF 1. cite 'lrriaties U= 1.0 M/5 c0= 100.0 CM ERG= 0.0 DEGREES VD= 0.0 CM/S CLASS= F STABILITY VS= 0.0 CV1/S MIXH= 1000.0 M WE= 0.0 PPM SIGTH= 10.0 DEGREES TEMP= 4.0 DEGREE (C) 2. Link Descriotitm LINK } LINK COORDINATES tM) * EF h DESCRIPTION * X1 Yi X2 Y? + TYPE VPH (G/Mi) ill) (IC ---------------------------------#------------------------------- A. SANDMOUND EB -250 IN 5 20._ 1;. B. SANDMOUND WB 250 2 -=S0 2 IN 50 co.5 6.0 10.0 C. BETHEL NB 2 -250 0 IN 500 26.5 0 10.f; D. BETHEL SB -- ..= ;:Jo '_i IN sc:C �;.= 0. + MIXW f L F STPL DCLT ACCT SPD EFi iDTI IL:':: LINK * (M) (M) (M) (SEC) (SEC) (MPH) NCYC NDLA WHO (G/MIN) (SEC) iSEC) -�----- ------------- ----------------------- A. 0 0 240 15.0 12.0 30 c 1 lou 4f.0 B. 0 0 240 15.012.0 30 1 1 10 5.3 45.0 0. C. 0 0 240 15.0 12.0 30 a ? 500 5.3 1 .0 +! D. 0 0 240 15.0 12.0 30 S 1 3 ) 5.3 1 . ; G.(� 3. Receotrjr Coordinates X Y Z RECEPTOR i -14 14 1.5. RECEPTOR 2 14 14 1.5 RECEPTOR 3 14 -14 1.5 RECEPTOR 4 -14 -14 1.5 'r MODEL RESULTS FOR FILE 1CYPPR * GRED *WIND * COCN/LINK * CONC * BRG * (;f-.M) RECEPTOR * (PPM) *(DEG)* A B C D RECPT 1 * 2.3 * 110 * 0.4 1.0 0.4 0.6 RECPT 2 * 2.8 * 194 * 0.3 1.3 1.0 0.3 RECPT 3 * 2.2 * 351 * 0.3 1.2 0.5 0.2 RECPT 4 * 2.2 * 63 * 0.5 0.9 0.6 0.3 REPORT FOR FILE : 1CYPCU 1. Site Variables U= 1.0 M/S :0= 100.0 CM FRG= 0.0 DEGREES VD= 0.0 CM/S CLASS= F STABILITY VS= 0.0 C'1/5 MIXH= 1000.0 M AMB= 0.0 PPM SIGTH= 10.0 DEGREES TEMP= 4.0 DEGREE (C) 2. Link DesCriotion LINK f LINT COORDINATES (M) H W DESCRIPTION X1 Y1 X2 Y:_ +r TYPE VPH (G/(iii) (K+) (M) -------------------- --------*----------------------------- A. SANDMOUND EB -250 -2 250 -E i N = ..._ ij i .U B. SANDMOUND MB 250 -25U ? IN o C. BETHEL NB 2 -250 2 250 IN iG67 1:._ i a 10.0 D. BETHEL SB -2 250 -2 , -250 IN 603 i1.2 0.0 10.0 f MIRY f L R STPL DCLT ACCT SPD EF! IDT1 IDT2 LINK f (M) (M) (M) (SEC) (SEC) (MPH) NCYC NDLA VPHO (G/MIN) (SEC) (SEC) A. 0 0 2240 15.0 12.0 30 2 1 150 1.3 45.0 0.0 B. 0 0 240 15.0 12.0 30 1 l 10 1.3 45.0 0.0 C. 0 0 240 15.0 12.0 30 18 4 1067 1.3 1',.0 0.0 D. 0 0 240 15.0 12.0 30 11 3 obi 1.3 1J.0 0.0 3. Receotor Coordinates ,\\ X Y Z RECEPTOR 1 -14 14 1.5 RECEPTOR 2 14 14 1.5 _ RECEPTOR 3 14 -14 1.5, RECEPTOR 4 -14 -14 1. �. MODEL RESULTS FOR FILE C:ICYPCU * PRED *WIND * COCN/LINK, * CONC f ERG * (PPM) RECEPTOR * (PPM) *(DEG)* A E C D - RECPT 1 * 1.4 f 15i * 0.Z' 0, 0.5 0.4 RECPT 2 * 1.6 * 157 * 0.1 0.4 1.0 0.3 RECPT 3 * 1.4 * 327 * 0.1 0.0 0.7 0.5 RECPT 4 * 1.3 * 57 * 0.2 0.3 0.5 0.3 1. Site Variables 11= 1.0 M/S Z0= 100.0 CM BRG= 0.0 DEGREES VD= 0.0 CM/S CLASS= F STABILITY VS= 0.0 CM/S MIX& 1000.0 M AMD= 0.0 PPM SIGT& 10.0 DEGREES TEMP= 4.0 DEGREE (C) Link Descriotion LINK LINK COORDINATES (M) # EF H W DESCRIPTION X1 Y1 X2 Y2 TYPE VPH (G/MI) (M) (M) s -- - - ------------------- A. CYPRESS EB -250 -4 250 -4 IN 680 26.0 0.0 14.0 .B. CYPRESS WB 250 4 -250 4 IN 366 26.5 0.0 14.0 C. BETHEL NB 4 -250 4 250 IN 5 26.5 0.0 14.0 D. BETHEL SB -4 250 4 -250 IN 3c0 26.5 0.0 14.0 MIXW f L R STPL DCLT ACCT SPD EFI IDT1 IDT2 LINK a (M) (M) (M) (SEC) (SEC) (MRH) NCYC NDLA WHO (G/MIN) (SEC) (SEC) A. 0 0 236 15.0 12.0 30 9 4 620 5.3 30.0 0.0 B. 0 0 236 15.0 12.0 30 6 3 686 5.3 30.0 0.0 C. 0 0 236 15.0 12.0 30 2 1 500 5.3 30.0 0.0 D. 0 0 236 15.012.0 30 3 1 5 5.3 3 0.0 0.0 3. Receotor Coordinates X Y Z RECEPTOR 1 -22 22 1.5 RECEPTOR 2 22 22 1.5 RECEPTOR 3 22 -22 1.5 RECEPTOR 4 ,E2 -22 1.5 •. � }! r a ;1. MODEL RE,-ULT; F0� FIS: * FRED *WIND * COCNiLIN'! * CONC * ERG * :PC`ht? RECEPTOR * (PPM) *(DEG)* . A E C L ----------i-------i-----*------------------------- RECPT 1 * 3.5 * 11 * ;i.5 to. 0.- RECPT + 4.0 * c4i) * i.'s ;. 0.i RECPT . * 3.° * 328 * i i. . ._ RECPT 4 * 4.4 * 14 * _.% i - 1 1 1 1 . 1 REPORT FOR FILE : cCVPCU 1. Site va-,.2oie= U= i.Cl ri/: D= ii.:Mi 'C.n bRG= 0.0 G GRECS dD= v.0 Ch,i CLASS= F S TAB i L i T'( 0. ) C'i'_• MIXH= I000.0 r 10.0 SiGTH= 10.0 CSG 4. . EEGEC �. Link Descrioti.)n ' LINK LM COORDINATES (M) E= H W DESCRIPTION * X1 Yl XS Y2 TYPE VPH iUmi) ;M) : i) --------------+----------------------------t-----------------•------------ A. CYPRESS EE -�'o -4 -4 IN 1400 :1... E. CYPRESS WE CJU 4 -SSC: 4 IN C. BETHEL NB 4 -25" 4 IN C i i. D. BETHEL Si. -4 } MiiiW L R STPL LCLT ACCT _�'i1 _ .-. .. Y ...,. LINK + i7r (9) ,h) t--C .�-L} h, nl \LrG hDLH V-"!rLi ---- --------------------------------------------------•--------------------- A. 0 U C. 0 0 236 1 1 .': 3C: _ s. Receot;r Coordinates X Y i RECEPTOR 1 -22 c.' RECEPTOR 2 22 cc 1.51 RECEPTOR 3 RECEPTOR 4 i . i i YlUUtL ncSULib rUk HLt L:cLYPLu * PRED *WIND * COCN/LINK * CONC * ERG * 1PFM► RECEPTOR * (PPM) *(DEG)* A F C D --- -----*-----*-------------------- RECPT I * 2.1 * 112 * 0.1 0.0' ij.6 0.7 RECPT 2 * 2.6 * 247 * 1.1 0.7 0.7 0.3 RECPT 3 * 2.5 * 328 * 0.2 0.7 i.2 0.5 RECPT 4 * 2.5 * 18 * 1.3 0.4 0.6 0.6 _...s�ZT•_...7.r��.J -V.C--�.7-v. ._. ... .... .. REPORT FOR FILE : 3CYPEX 1. Site Variable=. U= 1.0 M/S i0= 100.0 CM ERG= 0.0 DFGRFES VG= o.0 Cm/1 CLASS= F ti'4 L,i Y V,)= "114 MIXH= 1000.0 iM AME= 0.0 ppm SIG1H= 10.0 DEGREES TEMP= 4.0 DEGREE 10) _. Link Cescriotion LINK +t LINK COORDINATES (m) E= h N DESCRIPTION + X1 Y1 X2 Y2 * TYPE VPH iGhm:) (M) (M) --------t---------------------------------------------------- A. GATEWAY Eb -250 2:0 -2 IN 'o. 0.0 i .(! B. GATEWAY WE 250 c -t=JO C. IN i10 2:6.5 0.0 10.0 C. BETHEL Nb 2 -250 2 250 IN � (! 'o. 0 10.0 D. BETHEL Sb -c E50 -250 IN 10 2e.5 0".G i0.0 * MiXW * L R STPL DCLT ACCT SND Er: iDTI IGT: LINK * (M) (M) (M) (SEC) (SEC) Ufo"H) NCYC NDLA VPHO (G/i i-J) !SEC) (SEC) -* -------------------------------------------- A. U 0 240 15.0 12.0 30 2 1 210 3.3 43.0 0.(! B. .0 0 240 15.0 1E.0 6-0 cc 1 _ 5.3 45.0 0.0 C. U 0 240 1J.0 12:0 30 4 2 20 3 IJ.O 0.( D. 0 0 240 15.0 12.0 iii s Receotor Coorbinates X Y i RECEPTOR 1 -14 14 1.°, RECEPTOR 2 14 14 1.5 RECEPTOR 3 14 -14 1.5 RECEPTOR 4 -14 -14 1..5 1 _._...... - MOfE--r(ESULTS FOR FILE C:3C`IPEX * PRED *WIND * COCN/LiNal * CONC * BRG * (ZpM) RECEPTOR (PPM) *(DEG)* A E C C RECPT 1 * 1.1 * iic' * 0.5 0.5 0.0 0.1 RECPT 2 * 1.4 * 193 * 0.4 0.7 0.3 0.1 RECPT 3 * 1.1 * 3 * 0.4 0.7 0.0 0.0 RECPT 4 * 1.3 * 64 * 0.7 0.4 0.1 0.1 REPORT FOR FILE : 3CYPPR 1. Site Variables U= 1.0 M/S Z0= 1Cd0.0 CM BRG= 0.0 DEGREES vD= 0.0 CM/.= CLASS= F STABILITY VS= 0.0 CM/S MIXH= 1000.0 M AMB= 0.0 PPPi SIGTH= 10.0 DEGREES TEMP= 4.0 DEGREE (C) 2. Link Descriotiorn LINK LINK COORDINATES (M) * EF H W DESCRIPTION X1 Y1 X(2 Yc' * TYPE VPH (G/MI) (M) iM) --------+E ---------------#------------------------------ A. GATEWAY EB —250 B. 6ATEWAY WB 2250 —250 iN 120 226.5 i.' 1`?.0 C. BETHEL Nb250 lr.' D. BETHEL SB -2 2150 -2 - 50 IN 30 f MIXW } L R STPL DCLT ACCT SPG EF1 !DTI iDT LINK f (M) (M) (M) (SEC) (SEC) (MPRH) NCYC NDLA VPHO (G/M!N) (SEC) (3EC) f -- - ------------------------- A. U 0 240 15.0 12.0 30 2 1 220 5,3 4f,.ii ;i,0 B. 0 0 240 15.0 12.0 30 2 1 5 5.;. 4`.G 0.01 C. 0 0 240 15.0 iE.0 30 4 2 30 7J.3i5. D. 0 0 240 15.0 lc.0 30 2 1 1::0 Z. 3. Receotor Coordinates X Y Z RECEPTOR 1 -14 14 1.5 RECEPTOR 2 14 14 1.5 RECEPTOR 3 14 -14 1.5 RECEPTOR 4 -14 -14 1.5 ------------------- MODEL RESULTS FOR FILE C:3CYPPR * FRED *WIND * CWVLINK * CONC * DRG * (Ppm) RECEPTOR * (PFM} *(DEG}* R _ ----r----C_- U __�r--*-----*-----*- ------ RECPT 1 * 1.5 * 1533 * 0.2 0.0 0.8 0.4 RECPT 2 * 1,1 * 197 * 0. 0.3 1,1 0.3 RECPT 3 * 1.5 * 265 * 0.0 0.0 1.3 0.2 RECPT 4 + 1.4 + 27 * i C? 1.') .f i s REPORT FOR FILE : 3CYPCU 1. Site Variables U= 1.0 M/S Z0= 100.0 CM BRG= 0.0 DEGREES VD=. 0.0 CM/S CLASS= F STABILITY VS= 0.0 CM/S MIX& 1000.0 M AMB= 0.0 PPM SIGTH= 10.0 DEGREES TEMP= 4.0 DEGREE (C) 2. Link Description LINK f LINK COORDINATES (M) EF H W DESCRIPTION X1 Y1 X2 Y2 f TYPE VPH (G/MI) (M) (M) A. GATEWAY EB -2550 -2 250 -2 IN 5 11.2 �0.0 10.0 B. GATEWAY WB 250 2 -250 2 IN 461 11.2 0.0 10.0 C. BETHEL NB 2 -250 2 250 IN 921 11.2 0.0 10.0 D. BETHEL SB -2 250 -2 -250 IN 115 11.2 0.0 10.0 t MIXW * L R STPL DCLT ACCT SPD EFI IDT1 IDT2 LINK t (M) (M) (M) (SEC) (SEC) (MPH) NCYC NDLA VPHO (G/MIN) (SEC) '(SEC) A. 0 240 15.0 12.0 30 2 1 845 1.3 45.0 0.0 B. 0 0 240 15.0 12.0 30 8 4 5 1.3 45.0 0.0 C. 0 0 240 15.0 12.0 30 15 8 115 1.3 15.0 0.0 D. 0 0 576 15.0 12.0 30 2 1 150 1.3 15.0 0.0 3. Receptor Coordinates X Y Z RECEPTOR 1 -14 14 1.5 RECEPTOR 2 14 14 1.5 RECEPTOR 3 14 -14 1.5 RECEPTOR 4 -14 -14 1.5 - dS Y y .Y. .. S,i-' .............. :. MODEL RESULTS FOR FILE C.3CYPCU * PRED *WIND * COCN/LINK * CONC * BR6 * (PRM) RECEPTOR * (PPM) *(DEG)* A B C D RECPT 1 * 1.6 * 110 * 0.8 0.7 0.1 0.0 RECPT 2 * 2.1 * 193 * 0.6 0.6 0.9 0.0 RECPT 3 * 1.3 * 360 * 0.6 0.7 0.0 0.0 RECPT 4 * 1.9 * 70 * 1.1 0.6 0.2 0.0 i 1 - i 1 . 1 t i i 1 REPORT FOR FILE : 4CYPEX 1. Site Variables U= 1.0 M/S Z0= 100.0 CM BRG= 0.0 DEGREES VD= 0.0 CM/S CLASS= F STABILITY VS= 0.0 CM/S MIXH= 1000.0 M AMB= 0.0 PPM SIGTH= 10.0 DEGREES TEMP= 4.0 DEGREE (C) 2. Link Description , LINK f LINK COORDINATES (M) + EF H W DESCRIPTION t X1 Y1 X2 Y2 t TYPE VPH (G/MI) (M)- (M) A. CYPRESS EB -250 -4 250 -4 IN 310 26.5 0.0 14.0 B. CYPRESS WB 250 4 -250 4 IN 60 26.5 0.0 14.0 C. SR 4 NB 4 -250 4 250 IN 510 26.5 0.0 14.0 D. SR 4SB -4 2`.A -4 -250 IN 630 26.5 0.0 14.0 f MIXW f L R STPL DCLT ACCT SPD EFI IDT1 IDT2 LINK f (M) (M) (M) (SEC) (SEC) (MPH) NCYC NDLA VPHO (G/MIN) (SEC) (SEC) A. 0 0 236 15.0 12.0 30 3 1 60 5.3 40.0 0.0 B. 0. . 0 236 15.0 12.0 30 2 1 440 5.3 40.0 0.0 C. 0. 0 236 15.0 12.0 30 4 2 620 5.3 20.0 0.0 D. 0 0 236 15.0 12.0' 30 7 4 490 5.3 c0.0 0.0 3. Receptor Coordinates X Y Z •. RECEPTOR 1 -22 22 1.5 RECEPTOR 2 22 22 1.5 RECEPTOR 3 22 -22 1.5 ' RECEPTOR 4 -a -22 1.5 • :SSS zE MODEL RESIX.TS FOR FILE CACYPEX i . f ARED MIND f COCK/LINK f CONC f BR6 f (PPP) RECEPTOR f (PAM) *(DEG)* A B C D r � � RECPT 1 + 4.6 f 104 f 0.0 0.4 0.6 3.5 RECPT 2 f 4.0 f 258 + 0.2 0.6 0.7 2.4 RECPT 3 f 4.4 f 330 0.1 0.8 1.2 2.4 RECPT 4 f 4.9 f 21 { 1.0 0.5 0.6 2.8 REPORT FOR FILE : 4CYPPR 1. Site Variables 1J= 1.0 M/S ZO= 100.0 CM BRG= 0.0 DEGREES b'D= 0.0 CM/S CLASS= F STABILITY VS= 0.0 CM/S MIXH= 1000.0 M AMB= 0.0 PPM SIGTH= 10.0 DEGREES TEMP= 4.0 DEGREE (C) 2. Link Description LINK + LINK COORDINATES (M) EF H W DESCRIPTION f X1 YI X2 Y2 TYPE VPH (G/MI) (M) (M1 A. CYPRESS EB -250 -4 250 -4 IN 660 26.5 0.0 14.0 B. CYPRESS WB 250 4 -250 4 IN 180 26.5 0.0 14.0 C. SR 4 NB 4 -250 4 250 IN 590 26.5 0.0 14.0 D. SR 4SB -4 250 -4 -250 IN 1210 26.E 0.0 14.0 f MIXW t V..=. R STPL DCLT ACCT SPD EFI IDT1 IDT2 LINK t (M) (M) (M) (SEC) (SEC) (MPH) NCYC NDLA VPHO (G/MIN) (SEC) (SEC) i A. 0 0 236 15.0 12.0 30 6 3 120 5.3 40.0 0.0 B. 0 0 236 15.0 12.0 30 2 1 1020 5.3 40.0 0.0 C. 0 0 236 15.0 12.0 30 5 3 841 5.3 20.0 0.0 D. 0 0 236 15.012.0 30 10 5 600 5.3 20.0 0.0 • 3. Receptor Coordinates X Y Z RECEPTOR 1 -22 22 1.5 RECEPTOR 2 22 22 1.5 RECEPTOR 3 22 -22 1.5 RECEPTOR 4 -2P -22 1.5 - y i+ - h M MODEL RESULTS FOR FILE C:4CYPPR * PRED HIND * COCN/LINK * CM t BRG f (PPM) RECEPTOR t (PPM) *(DEG)* A B C D f t ; RECPT 1 * 5.6 # 111 * 0.1 1.6 1.0 2.4 RECPT 2 f 6.1 { 240 t 1.8 2.2 1.3 0.9 RECPT 3 f 6.3 * 291 f 2.0 1.1 2.6 0.5 RECPT 4 f 7.74 18f 2.8 1.2 0.7 3.0 r2 REPORT FOR FILE : 4CYPCU 1. Site Variables & 1.0 M/S Z0= 100.0 CM BRG= 0.0 DEGREES VD= 0.0 CM/S CLASS= F STABILITY VS= 0.0 CM/S MIXH= 1000.0 M AMB= 0.0 PPM SIGTH= 10.0 DEGREES TEMP= 4.0 DEGREE (C) 2. Link Descri0 tion LINK f LINK COORDINATES (M) EF H W DESCRIPTION t X1 Y1 X2 Y2 * TYPE VPH (G/Ml) (M) (M) A. CYPRESS EB -250 -4 250 -4 IN 778 11.2 0.0 14.0 B. CYPRESS WB 250 4 -250 4 IN 216 11.c 0.0 14.0 C. SR 4 NB 4 -250 4 250 IN 650 11.2 0.0 14.0 D. SR 4SB -4 250. -4 -250 IN 1257 11.2 0.0 14.0 } MIXW f L R STPL DCLT ACCT SPD EFI IDTI IDT2 LINK f (M) (M) (N) (SEC) (SEC) (MPH) NCYC NDLA VPHO (G/MIN) (SEC) (SEC) A. 0 0 236 15.0 12.0 30 6 3 140 1.3 40.0 . 0.0 B. 0 0 236 15.0 12.0 .30 2 1 1202 1.3 40.0 0.0 . C. 0 0 236 15.0 12.0 30 6 3 873 1.3 20.0 0.0 D. 0 0 236 15.0 12.0 30 10 5 700 1.3 20.0 0.0 3. Receptor Coordinates X Y 1 RECEPTOR 1 -22 22 1.5 RECEPTOR 2 22 22 1.5 RECEPTOR 3 22 -22 1.5 RECEPTOR 4 -22 -22 1.5 A, s. : f PRED (WIND f COCK/LINK - f CDC f BR6 f (PPM) RECEPTOR f (PPM) *(DEG)* A B C D f � RECPT 1 f 2.2 f 135 f 0.1 1.0 0.6 0.5 RECPT 2 f 2.6 f 238 f 0.7 1.1 0.5 0.4 RECPT 3 f 2.5 f 292 f 0.8 0.6 0.9 0.3 RECPT 4 f 2.8 f 18 f 1.1 0.6 0.3 0.9 a 1 s r 1 APPENDIX B PRELIMINARY ENVIRONMENTAL ASSESSMENT •;.�a �.�rrlirr �srrtrr�r _ Kaldveer Associates R�ChardShOrl Pres,) tie:.'.,.,1.;��\%if.,-[.rnci;�t,r.. eoscience Consultants Rona L oe,i neem ng a"a, Gi G ® ® Patrick Stevens.PE..G.E. -IVAsx,aatr' David Hoexter.C.E.G.R.E.A - Associate Michael McRae.PE Assoc ate Dawn Rinaldi,P.E. February 27, 1989 Barbara L.Potter.PE. KE 109 7-1, 13211 Randy P.Rowlev,R.E.A Polly L.Worrell.R.E.A. RE: PRELIMINARY ENVIRONMENTAL ASSESSMENT PROPOSED BETHEL ISLAND AREA PROJECT CONTRACONTRA COSTA COUNTY, CALIFORNIA Ladies and Gentlemen: In this report we present the results our preliminary environmental assessment performed at the above referenced site. The site is located between Sand Mound Boulevard and Bethel Island Road just south of Bethel Island, California, as shown on the Site Vicinity Map, Figure 1 . The purpose of this investigation has been to discover, if possible, any conditions .or activities on the site or in the near vicinity which may result in or indicate the presence of potentially hazardous materials at the ground surface or in the subsurface soils or ground water. This investigation was performed by Mr. Eric Schniewind, Staff Geologist, and Mr. Randy Rowley, ' Senior Engineering Geologist/Environmental Specialist, R.E.A. SCOPE OF WORK ' Our scope of work included site reconnaissance conducted on February 13, 1989; discussions with county and state government agency personnel and property owners; research of available documents and review of stereo-pair aerial photographs. The research focused on present and past site and near vicinity conditions and activities which may indicate the presence of potentially hazardous materials in the subsurface soil or ground water. Persons and agency representatives contacted, articles and data used and a complete list of aerial photographs reviewed, are presented at the end of the report under "References" . 1 425 Roland Way Oakland,California 94621 (415)568-4001 FAX415-568-2205 A Ca�itorn!a Cotao•alion February 27, 1989, 13211 Page 2 SITE DESCRIPTION/CONDITION The site, as shown on the Site Plan, Figure 2, encompasses approximately 681 acres. The site is bounded to the north and east by Sand Mound Boulevard, to the west by Bethel Island Road, and the southern boundary extends approximately 2, 800 feet south of Cypress Road. The site is essentially level with a maximum relief of approximately 15 feet ranging from 7 feet above to 8 feet below Mean Sea Level. The northern portion of the site, the Dal Porto property, consists primarily of wetlands and sandy soils with a drainage channel that runs across the site from east to west. Land use primarily consists of horse and cattle grazing. The southern portion of the site, the Leo Mantelli property, is also essentially level with several shallow drainage canals. This portion of the property is used for occasional cropping of alfalfa. There are several residences on the site. Some heavy equipment is stored at these locations. Residences and grazing areas are separated by fences and several rough farm roads provide access to the various houses. Towards the center of the site there is a small refuse dumping pile which contains primarily metal and household debris . SITE HISTORY The delta area was originally inhabited by the Saclan and Bay Miwok Indians. Within the Hotchkiss Tract, a main village is believed to have existed. At least one and possibly numerous other burial grounds are known to exist on our subject site. During the first decades of the American period in California history, efforts focused on converting the Delta and adjacent flood plains into farmland. Extensive efforts went into levee building. Once the land was cleared, crops such as potatoes, beans, onions, celery, asparagus and hay were successfully grown in the area. On our site, the soil was too sandy for crop propagation, and therefore was used primarily for livestock grazing. Family farming was the focus of life on Bethel Island from approximately the 1880' s to the 1940 ' s. The Dal Porto family occupied their land beginning around 1940. More recently Bethel Island has become the center of resort development with attention drawn towards its recreational advantages, particularly boating and fishing. There has been some interest in the potential oil field on the subject site. Several years ago, ENX Oil Company drilled for oil on the site, but an economically developable field was not discovered. Our site, to the best of our knowledge, has remained as livestock and light agricultural land. There has been no permitting through the Contra Costa Department of Agriculture for pesticide use on the Dal Porto Koldveer Associates February 27, 1989, 13211 Page 3 or Mantelli properties in the last five years. Prior pesticide use has consisted of only light pesticides, for example paraquat, which generally decomposes rapidly. AREA ENVIRONMENTAL CONDITIONS The property is surrounded by single-family dwellings and light grazing land. Just north of the site is the small town of Bethel Island. According to information available to us, there are no hazardous waste disposal sites or landfills within a two-mile radius of the subject site. The California Regional Water Quality Control Board, Central Valley Region, has prepared listings of sites known to have had prior environmental problems. One such list addresses sites considered by the state to be a toxic site, and a second list presents sites with leaking underground fuel tanks. Of the two lists, only one site, found on the leaking underground fuel tank list, was located within a two-mile radius of our subject site. During excavation of a utility trench on Riverview Drive, approximately one-half mile north from the subject site, gasoline odors and an oil film on the water in the trench was observed. Ground water was encountered at a depth of 1. 5 feet. Much of the contaminated water was pumped out for a period of two days. The source of the leak was determined to be a line leak from a 4,000 gallon underground fuel tank from Carter Marine, located on the inside of the levee. There is no threat to ,surface waters and a further investigation is in progress. Other known fuel storage tanks in the vicinity of the site, although not reported as leaking, include an underground fuel storage tank at Carol ' s Harbor and two above-ground fuel storage tanks located on the Dal Porto property. Carol ' s Harbor is located along Sand Mound Boulevard just to the east of the subject site. CONCLUSIONS Based on our understanding and knowledge of the site history and past and present uses of the site, there is no evidence to suggest any concern for any soil and/or ground water contamination existing on the property. The only contaminated site located near the subject site does not have significant contamination, in our opinion, to warrant any concern. The light agricultural use on the site poses a potential for the existence of low levels of residual pesticides in the soil, however, according to a representative of the Contra Costa County Department of Agriculture, the site is, in their opinion, clear of any significant pesticides. Therefore, based on all acquired information regarding this site, there is, in our opinion, no Koldveer Associates February 27, 1989, 13211 Page 4 threat to public health and safety and thus no necessity of environmental testing. LIMITATIONS Our services have been performed in accordance with generally accepted soil and environmental principals and practices. No other warranty, either expressed or implied is made. The analysis and conclusions contained in this report are based on the site conditions as they existed at the time of our reconnaissance, discussions with site owners and governmental agents, review of documents and aerial photographs. Changes in the information or the data gained from these sources or in the proposed land use could result in changes in our conclusions. If such changes do occur, we should be advised so that we can review our report in light of those changes. It has been a pleasure to be of service to you. If you have any further questions, please call. Very truly yours, KALDVEER ASSOCIATES, INC. David F. Hoexter, C.E.G. , R.E.A. Manager, Environmental/Geological Services Ronald L. Bajuniemi, P.E. /G.E. Vice President Engineering DFH/RLB:pv Copies: Addressee (4) Enclosures: Figure 1 Site Vicinity Map Figure 2 - .Site Plan Kaldveer Associates February 27, 1989, 13211 Page 5 REFERENCES Aerial Photographs Pacific Aerial Surveys: Panchromatic Vertical Aerial AV-3368-36-9, 10, 11, August 30, 1988, 1: 12, 000 AV-253-37-10, 11, 12, 13, May 21, 1957, 1: 12, 000 Contacts: Bethel Island Fire Department, Bethel Island, California Contact: Ted Alesna California Regional Water Quality Control Board, Central Valley Region, Sacramento, California Contact: Matt Lease Carol ' s Harbor, Bethel Island, California Contact: Jackie Carver Chartered Group, Walnut Creek, California Contact: Lyn Jochim Contra Costa County Department of Agriculture, Brentwood, California Contact: Dick Mello Contra Costa County Health Department, Martinez, California Contact: Godfrey Becks Diablo Petroleum, Brentwood, California Contact: Jim Brown Dick Miller Publications and Retorts: California Department of Health Services, "Expenditure Plan for the Hazardous Substance Clean-up Bond Act of 1984" , Revision Number Three, dated January, 1988. Abandoned Sites Program Information System, dated February 9, 1989. Koldveer Associates February 27, 1989, 13211 Page 6 REFERENCES (continued) Publications and Reports. (continued) California Regional Water Quality Control Board, Central Valle Region, "Ground Water Contamination Sites" , undated. . . . . . . . . Underground Storage Tanks, Central Valley Region, dated February 7, 1989. California Waste Management Board, Solid Waste Information System, "Closed and Inactive Landfills" , dated May 21, 1988. Contra Costa County Community Development Department, Draft Environmental Impact Report, Bethel Island Area Specific Plan" , dated November, 1988. Kleinfelder, "Phase I, Geotechnical Investigation" , dated December 22, 1988. U.S. EPA Superfund Program, CERCLIS, "List 8: Site/Event Listing, San Joaquin County, California" , dated January 7, 1988. Koldveer Associates ..J �t - _ w moiRyCe =� . 100 V �•T � Y .�! IY t >•a k_ �at .. W*. inl+lt1f)�ayM/�j�Q�_\ '4. •sr"K: : .x/+- ;KC.��... � V—!f ^�' Q a •.e.. ".,r�< ' / Emmaton ` .,.�.: . Nicholsdn I Acres ./ . Bethel Am 0 c4r Clyde ,{ PittWest f! 0 .i..f tv� yra]s18tt cr..w hn 4 O Z Pittsburg 39 °' s cOakley pfhy[d dM � f� T �' � I i..l;7flw Y 'i j Adobo hdrrfJ NOWFar�and0 60YA �j „! Arporr � 6;;;4 ;ors M > i e Pscn«Fi•* vola _ !,. t AooMr fr.r/d pn i l ftl Knighton c, 3 I , ITE a 7' few.N. • N Claw r r foV� a/llaa i alnut GNk °"t s St Ilrr u.�4 � +! ♦Af i � .�. qr Z u ' i "µ 0 1 2 5 BYIM idm MILES KILOMETERS _ =Diablo O 1 Z 5 j 1 +Danville 8lackhawlc ., ."'•'V ay '~•^u Y i'„ Base; Thomas Bros Guide page Mt 6th Edition 1988. _ SITE VICINITY MAP IIIIIIIIIKoldveer Associates PROPOSED BETHEL ISLAND AREA PROJECT Geoscience Consultants Contra Costa County, California -q . A Cofitornia Corporation PROJECT NO DATE Figure 1 KE1097-1 February 1989 Ell am 2 a N ' _� - - - get N I ISI — Trail o` PROJECT SITE • Iraratrprr.rrr .,.�— . ....._.. it am !� • �• ...::3.ry�� ... ..�. ::(..�'::is 46 y %SLOUGH F i E l 0 � �•:.......:<.;..:.:::.:•. s I I _ e • x I 1 r s i I �I w y a t i ..» .. _ '.•u'��ir��•►44i!r.M'Ii.7kA:R..'••'aaylt,• »r.a.r•.• •1��� 'iii ■r J■a a r r�r�r.. 1 r JJ `e! T J i 1 1 �i 1 Y 1 '! ! V. r •... Ir.�ail •♦1 • �!` I 1 L 7 SCALE 0 2000 4000 ft Base: 'Vicinity Mag)' b Kleinfeider. undated . V c MAW AM SITE PLAN PROMSED BETHEL ISLAND Kakly**r Aswciatfs AREA PROJECT G•oscl•nce Consultants Contra Costa County, California -� A CQtrtl rnta Corporanon PROJECT NO• DATE Fi9utf 2 KE 1097- 1 ebruary 198 1 1 1 1 1 ' APPENDIX C ' APPLICANT'S LETTER TO RECLAMATION DISTRICT 799 1 1 1 1 1 1 1 1 CQ ' March 12, 1993 Board of Trustees Reclamation District #799 P .O. Box 447 Bethel Island, CA 94511 Attn: Robert Gromm ' Re: Cypress Lakes and Country Club Dear Boardmembers : As the District is aware, Cypress Lakes and Country Club is t currently being processed through County of Contra Costa. We are seeking Rezoning, Final Development Plan and approval of the subdivision. The Reclamation District is the responsible agency for all drainage and flood protection for the area and Cypress Lakes is totally located within the district' s boundaries. The ' Environmental Impact Report prepared for the project determines that ultimate jurisdiction of drainage and flood protection would be with the Reclamation District or another public entity. According to the Contra Costa County General Plan, development occurring in the Hotchkiss Tract is required to be built out of the flood plain. Our project is proposing to build an internal levee around the perimeter inorder to take the property out of the floodplain. We are also proposing an internal drainage system which would keep most of the drainage on-site except in ' the case of a 100 year storm, then the excess runoff would be pumped out into Sandmound Slough. ' Now that the Environmental Impact Report is close to certification, I would like to formerly request that the Reclamation District #799 be the responsible public agency for flood protection (internal levee) and drainage system. I would ' QV }gnacio Valley Road, Suite 400 • Walnut Creek,CA 94596 • Fax (510)947-2091 • phos ke(Sa0)9a•t•�(�"4 guarantee that the develcpment would remain in the district and ' continue to pay the regular assessment charged by the district . Plus, the new development would be responsible for all ' maintenance and operational costs directly related to the drainage and flood protection (internal levee) of Cypress :Wakes . A possible scenario would be to set up a subdistrict to assure only Cypress Lakes would be assessed for these new costs to the ' district. 2t has been a concern to the district on how to raise money for ' the continual upgrading and maintenance of the existing levee. By remaining in the district, Cypress Lakes would then be able to make a fair share contribution towards the long-term funding of ' this work. Please send me the necessary documents and permits that are needed to move forward. 1 look forward to working with you on ' the details . Sincerely, , Lyrth Jochi16 Vice President cc: Contra Costa County, Community Development Department Contra Costa County, Public Works 1