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HomeMy WebLinkAboutMINUTES - 03232004 - D1 D.1 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Date: March 23, 2004 Matter of Record On this date, the Board called for public comment. The following persons presented testimony: Dianne Cole, 2420 Tomar Court, (Friends of Concord Airport Coalition), Pinole,regarding Concord Airport; Kennard Colts, 2420 Tomar Court, (Friends of Concord Airport), Pinole,regarding Concord Airport; Ralph Hoffman, 60 St. Timothy Court, Danville regarding ethnicity in Contra Costa County; Lisa Kirk, P.O. Box 435, Bethel Island, regarding Environmental Impact Report(E.I.R.) for Bethel Island; Jacqueline Collins, Box 1095, Bethel Island, regarding Bethel Island permit No.19900393; THIS IS A MATTER FOR RECORD PURPOSES ONLY NO ACTION WAS TAKEN -111U Ytb Mara 25 04 01 : 36p Dianne L. Cole 510. 758. G335 p. 1 P I U dateol- The Newsletter of the JWedstftc .f#;ttrXt KNol VOLUME 2 NUMBER 3 March 2004 e uln er. "Airport is a waste of public land" Wants to move it to the Acme Landfill Supervisor Mark DeSaulnier With 4;, and11. '' the developers who + -+are ProblemsProblemsI� � s��e 7his strings want CCR Too many to be seriously considered as an alternative to Buchanan Field. Latest news flash: Mark DeSaulnicr is planning to have the cabal of developers he is beholden to, 1. The continued seepage of methane gas. When the propose a new airport at the ,Acme Landfill site. We Shoreline Ampitheatcr was built on the Peninsula, the hear, Le nar Industries, Centex Homes, and of operators had to finally ban smoking, because of fire course our old friernds, Shappel Industries are danger. Blue flames would snake accross the lawn arca. involved in securing an option to purchase the Arme 2. An airport on the west coast, built on a landfill', could site from Nick Ferris, one of dic owners. I hear not construct hangers, date to fire danger from methane amounts like $35,000,000.00 are being offered. gas. 3.. Due to the nature of the mater=ials buried, they will Short Hisli7a continue to decay, releasing gas for decades to come, all rhe while causing uneavcn and unpredictable settling of SupGtvisor De.'Saulnier began this exercise, by the surface. This will cause structural damage to offering to 'build up Byron Airport to an buildings, and the runway(ss?). CA>nsider the impact of an International Airport", if Buehanan was clued. earthquakc- Small problem, he never bothered or cared to learn4. There is a bird refuge immediately adjacent to the what an airport requires. A large airport:, with landfill. Pilots are acutely aware of the danger birds pose commercial traffic is technically not possible at to aircraft safety, and the devistating loss of human life Byron.. that occurs from bird strikes. After considerable opposition to this foolish 5. There is not sufficient property adjacent to the dump proposal, he backpeddlcd and said another smaller site to provide all the amenities available within walking airport would be built to replace Buchanan, AND distance of Buchanan, ouch less, providing enough Byron would be expanded. hangers, tiedowrns etc. The site is smaller than Buchanar- That plan didn't fly either. He tried to buy everyone 6. The dumpsitc is subject to constant strong winds, and of with the cheap plans fust increased fog, making flying more hazardous_ It would Finally he said an airport;, equal to or better, would also discnfra:nschise anyone without an instninYcnt rating be built"near Concord". from flying on foggy days. Enter the Acme Dump plan. Buchanan is located in a sun belt&&_sheltered from wind. Mar 25 04 01 : 29p Dianne L. Cole 510. 758. 6335 p. 2 UPDATE Page 2 DeSaulnier Hedging his bets? Change in dissemination of information We heard that.Mark DeSaulnier is preparing; for a career as Mather than semi lengthy e-mails with the latest rues a lobbyist for developers (Shapell?), should his State concerning the airport, we will post there to our new Assembly bid fait. He has been heard to complain about the website: VW"NW W. BuchanaraAirport.Com restaurant business being to grueling. That's his whole problem,unckar on the toncrpt; one is supposed to grill, not However, if you wish to be notified of an important gruel in the restaurant business. upcoming meeting, please send me an e-mail with your request to be addecl to the e-mail notification system. Tom Koch, Vice President of Shapell Industries, has reportedly announced he will be leaving the Shapell payroll diannesurmmers0mindspring.com as of the beginning of May, to ostensibly spend more time for his upcoming state of Delaware bid for public office. That means he must be confident that this airport closure will, go through, and he can continue to be a paid consultant to Shapell until he gets the millions in bonus dollars from the airport. To him, its no different that the 570,000100 he won from game shows, like Wheel of Fortune, that he supposedly used to pay for college. :East Ramp Hangers Donations On a more positive note, Keith Freitas, our new Manager Many individuals have kindiv offered to donate to the of Airports, has beep a breath of fresh air. While there are a cause of lobbying to keep Buchanan Field open. few relatively minor items to resolve concerning the East We have been reluctant to accept funds, but the costs of Ramp Hanger Leases, the negotiating committee, consisting waging this battle are continuing to mounting. Therefore of David Long, Richard Rihn, and myself, has made we are establishing an account for this effort at Golden dramatic strides to incorporate all of the tenants concerns in West Bank. a new lease. Donations will be gratefully acc f ted- Especiaily welcome, was Keith Freitas' positive spirit, and the significant help and input from his staff. While holding the line on important issues, he also understands what is Checks should be made out to: Friends of Concord Airport Coalition practical and enforceable. Needless to say, we all want safety to be the most important consideration. C/o Dianne Cole P.U. Box 30942 Kudos's to Keith and the Airport staff on a new 'Walnut Creek,Ca 94598 begimaing of improved relations AND conditions at Buchanan Field. All donations will be applied to defray casts of attending lobbying functions,travel,printing,mailings,research, Keith has also promised to look into making the East Ramp promotional materials and now,the website. Pilot Lounge, a place someone would actually want to go As into, and use (does that include a computer and printer for always,if you have questions,comments,or weather and trip plan i_ng?). concerns,pplease contact me. E-mail diannesnrxsmers(Wmrindsprzng.com Way to go Keith. Cell: 510.417.5121 Fax.:510.758.6335 Dianne Cole JACQUELINE COLLINS PO BOX 1095 BETHEL ISLAND, CA 94511 925-684-3189 March 16, 2004 IMPORTANT INFORMATION ON DEPARTMENT OF THE ARMY PERMIT#19900393 FORMERLY KNOWN AS PERMIT#6063 DELTA COVES PROJECT ON BETHEL ISLAND TO ALL PERMITTING, REVIEWING, AND IMPACTED AGENCIES: BEWARE OF PERMIT APPLICATIONS FOR CEQA AND NEPA REQUIREMENTS TURNED IN UNDER THIS CORPS PERMIT NUMBER OR UNDER THE DEVELOPMENT NAME OF DELTA COVES, CONTRA COSTA COUNTY ASSESSORS PARCEL#030-010-013. THIS APPLICANT, DELTA COVES, HAS SUBMITTED INACCURATE PROJECT INFORMATION AND OBTAINED PERMITS FROM THE CALIFORNIA REGIONAL QUALITY CONTROL BOARD (WDID#507CR00009)AND THE NATIONAL MARINE FISHERIES (SWR-03-SA-8344:SRB) I am a private individual not representing any federal, state or local agency; therefore, this is not an official presentation. However, all of my information is derived from original documents within the files of Contra Costa Community Development and The U.S. Army Engineer District, Sacramento. My motivation is simply a personal desire to protect my fellow citizens and their property, the fragile Delta environment, and the Waters of the State. All will suffer if CEQA permits are obtained with inaccurate information. APPLICANT PROJECT INFORMATION: The project is to excavate 25.62 acres of interior island to create 491 waterfront residential lets, each with access to a boat dock when the levee is breached. The project also consists of 65 condominium units, an inland harbor with a marina, and other recreational amenities such as a recreation center, tennis courts and a perimeter bike path. The marina will be constructed in the northeast corner of the island harbor and contain from 100 to 150 berths, a boat launching ramp, and a commercial site. (As an aside, the current developer is a homebuilder; current plans do include the homes and condos as part of this project) !'ACTUAL PROJECT INFORMATION: 25.62 acres is the amount of delineated wetlands within the approximate 320-acre development site. The actual amount of land requiring excavation to build 5.6 to 7 miles of levee surrounding a 17-ft. deep lagoon is at least 170 acres. IN FACT, THE CORPS EIS STATES THAT 234 ACRES WILL BE EXCAVATED. THEREFORE, THE TONNAGE OF ACTUAL MATERIAL TO BE EXCAVATED IS LITERALLY HUNDREDS OF THOUSANDS OF TONS, AND THE AMOUNT OF RIP RAF' IS 500 CUBIC YARDS PLUS 600,000 TONS ON THE LEVEES. Please note that these levees will increase the length of the current 11.5-mile nonproject-non-FE MA-com pliant Bethel Island system by 60 percent, and that Delta Coves plans to use dynamic compacting for the levee-building process instead of the balanced cut and fill method prescribed by the Corps. I believe that ob'vious agency and applicant confusion concerning this project pivots on two main issues: 1) Department of the Army Permit Number 199400393 has the posture of an original permit, The fact that the=current permit is a reissuance of Permit Number 6063 is not stated on the face of or in the body of the permit. 2) Although this permit can be determined as a reissuance based upon the fact that the information base, except for the Public interest Section of#199400393, is contained in the files of#6063, there is one notable difference between these permits: THE CORPS NO LONGER PERMITS THE LEVEE SYSTEM, PLEASE NOTE "'HAT NONE OF THE CEQA AGENCIES, OR THE EPA, HAS EVER RECOMMENDED ISSUING THIS PERMIT. THE FACT THAT THE EIR IS DATED 1974 AND THE EIS DATED 1978 MAKES IT IMPOSSIBLE TO APPROVE. ALMOST ALL OF THE AGENCIES OR INDIVIDUALS WEIGHING IN AGAINST THE.PERMIT IN 1995 REQUESTED EITHER A NEW EIR OR EIS OR BOTH. Because this development is in essence thirty years old without being built, it has generated an incredible volume of paperwork. Staples fall out, pages get lost, facts and figures differ according to decades or individuals—not only is a new EIR essential, the Contra Contra Planning Department, THE ACTUAL FUNCTIONING PLANNING ENTITY IN CHARGE OF GRADING PERMITS ETC. ONLY HAS THE EVEN NUMBERED PAGES OF THE EIR THEY RATIFIED IN 1976. The county library system doesn't have it; the Board of Supervisors doesn't have it, it was not in the Corps files when I accessed them, THE STATE CLEARINGHOUSE DOESN'T HAVE IT. YET NONE OF THIS EXCUSES DELTA CLOVES L.P. FROM THEIR OBLIGATION TO PROVIDE ACCURATE AND COMPREHENSIVE INFORMATION TO PERMITTING AGENCIES. BEWARE OF THIS APPLICANT. Thank you for yc ur attentio , ��ehne Collins Attachments: Dom Coves map and information page Project location, Delta overview IDeta Coves L.P. Project Information Carps Permit#199400393 Public Notice No. 60363 Regulatory Branch letter to applicant Project history Copies to: California Regional Water Control Board National Marine Fisheries Service California Bay and Delta Authority The Resources Agency (Department of Water Resources California Department of Fish and Game United States Environmental Protection Agency United States Coast Guard U.S. Department of Transportation U.S. Department of the Interior, Fish and Wildlife Service Contra Costa County Board of Supervisors Bethel Island Municipal Improvement District Delta Protection Commission State Lands Commission Reguatory Officer, Sac. U.S. Army Engineer District "�be,),TA Coves IT cl pQ63--ECT 6-�f I QAT 1flJi FIGURE 1-1 0�—M Imo.. t (o +0 1 - es i� tle ,. SITE ALAN : a�eA4o -HA e, cor 'SIZE o . 5 fy)ltes :sj LC e-- P I P B R ROAD Ai-o-S ii/Tr _ f > a � r JIX 119 i� t Ao- ce.J I VaJs � f /� Y t 1 ( 4�✓1 F•" V 1-�;f,Ya.,'e-..✓, d�Ir/�� _ "... 'r /�/{`�`C...�."""`"'.-. \�' f a � i CV fy,.y ' 3!ti.. -TOP 4i ec�s r 3r �� hon �A I" }t ficoacre vj 0J, to TO BETHEL ISLAND ROAD T = "C ! C e-v o tom. l o a c�(. nq - t\1 o pomp 50- or-e ate£ SJIE o' MCA _r eac++f*1000 4 � ♦MP e , SO \,� 1" VICIPIITY 2 Delta Coves L.P. - 4 - 21 May 2003 Delta Coves Contra Costa County PROJECT INFORMATION Application Date: 10 December 2002 Applicant: Mr. Warren Weisenburg 29 Sorrento Way San Rafael, CA 94901 Applicant Representatives: Ms. Ginger Fodce Gibson & Skordal 2277 Fair Oaks Boulevard, Suite 395 Sacramento, CA 95825 Project Name: Delta Coves Project, Bethel Island Application Number: WDH)#5B07CR00009 Type of Project: Waterfront Residential Subdivision Project Location: The project is on Bethel Island within an un-surveyed Section, Township 2 North, Range 3 Bast, MDB&M, Latitude: 38°00`58" and Longitude: 121'36'42". County. Contra Costa County Receiving Water(s) (hydrologic unit): Sandmound Slouch, Sacramento Delta, Sacramento Hydrologic Basin, Sacramento Delta Hydrologic Unit #510.00 Water Body Type: Streambed, Riparian, River, and Wetland Designated Beneficial Uses: The Basin Plan for the Central Valley Regional Board has designated beneficial uses for surface and ground waters within the region. Beneficial uses that could be impacted by the project include: Municipal and Domestic Water Supply (NIUN); Agricultural Supply (ACR); Industrial Supply (IND), Hydropower Generation (POW); Groundwater Recharge, Water Contact Recreation (REC-1); Non-contact Water Recreation (REC-2); Warm Freshwater Habitat;,(WARM); Cold Freshwater Habitat (COLD); and Wildlife Habitat (WILD). Project Description (purpose/goal): The project is to excavate 25.62 acres of interior island to create 491 waterfront residential lots, each with access to a boat dock when the levee is breached. The project also consism of 65 condominium units, an inland harbor with a marina, and other recreational amenities such as a recreation center, tennis courts and a perimeter bike path. The marina will be constructed in the northeast corner of the island harbor and contain from 100 to 150 berths, a boat launching rarnp, andl a commercial site. Delta Coves L.P. - 5 - 21 May 2003 Delta Coves Contra Costa County Preliminary Water Quality Concerns: The construction activities may impact surface waters with increased turbidity and settleable matter! Proposed Mitigation to Address Concerns: Delta Coves L.P. will conduct turbidity and settleable matter testing during in-water work, stopping the project if Basin Plan limits are exceeded. Delta Coves L.P. will implement Best Management Practices (MMPs) to control sedimentation and erosion. All temporary affected areas will be restored to pre-construction contours and conditions upon completion of construction activities. Fill/Excavation Area: For the levee breach area, approximately 0.12-acre of the Sandmound Slough will be temporarily impacted due to excavation of the levee opening. Approximately 6,000 cubic yards of material will be excavated from the levee, and approximately 500 cubic yards of rock riprap will be placed on the corners of the new levee opening. Dredge Volume: Approximately 25.62-acres of seasonal wetland will be dredged, and permanently lost due to the removal of 413,336 cubic yards of soil. U.S. Army Corps of Engineers Permit Number: Delta Coves L.P. will comply with individual permit #199400393 issued on 11 June 1998_ Federal Public Notice: US COE#199400393 Department of Fish & Game Streambed Alteration Agreement: Delta Coves L.P. will comply with the extension to Streambed Alteration Agreement #11-529-96 as per letter from the Department of Fish & Game signed on 2 December 2002. Possible Listed Species: Delta smelt a federal listed species and the Sacramento splittail a proposed listed species are within the project vicinity. Status of CEQA Compliance: An EIR was prepared for the project by Contra Costa County and certified on September 21, 1976. Compensatory Mitigation: Mitigation for the loss of the 25.62-acres of wetlands will be accomplished by creating 50-acres of seasonal wetlands on Medford Island. Application Fee Provided: An initial fee deposit of$1000 as required by 23 CCR § 3833b(2)(A) was submitted on 10 December 2002, and a balance of$19,000 was submitted on 29 April 2003 as required by 23 CCR § 2200(e). DEPARTMENT OF THE ARMY ! U.S, ARMY ENGINEER DISTRICT, SACRAMENTO CORPS OF ENGINEERS 1325 J STREET AT TEN tO DEPARTMENT OF tTHE ARMYa PERMIT AT1E NxfON Of Permittee: Delta Coves L.P. Attn: Mr. Warren L. Weisenburg 29 Sorrento Way San Rafael, California 94901 Permit Numler: 199400393 Issuing Of; ice: U.S . Army Engineer District, Sacramento Corps of Engineers 1325 "J" Street Sacramento, California 95814-2922 NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate= district or division office of the Corps of Engineers having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer. You are authorized to perform work in accordance with the terms and conditions specified helow. Project Description: 1? Remove, by excavation and placement of fill, 25 .62 acres of waters of the United States to construct a lagoon and levee system. 2; Breach the Bethel Island Levee with a 150-foot wide entrance to the lagoon. 3; Construct a 150 berth marina, with boat ramp, within the lagoon. 11 J, ConstrtJ.Ct up to 495 individual boat docks as shown on drawing number 7 and modified by Special Condition Number 5 . All work is to be completed in accordance with the attached plans . Project Location: At Assessor' s Parcel Number 030-010-013 on Bethel Island, Contra Costa County, and at River Mile 2 .66 of Sandmound Slough, as shown on the attached plans. Permit Conditions : General Conditions: 1 . The time limit for completing the work authorized ends on March 31, 2003 . if you find that you need more time to complete the authorized activity, submit you-- request for a time extension to this office for consideration at lease one ;r,onth before the above date is reached. 2 . You must maintain the activity authorized by this permit in good condition :Ind in conformance with the terms and conditions of this permit . You are not: relieved of this requirement if you abandon the permitted activity, -ilthough you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3 . If yo.� discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal an0 state coordination required to determine if the remains warrant a Department of the Army Permit Page 2 199400393 recovery effort or if the site is eligible for listing in the National Register of Fistoric Places. 4 . If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. S. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions, 6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit . SPECIAL CONDITIONS 1. The permittee shall be responsible for the creation of 50 acres of wetlands. The permittee shall implement the attached "Delta Coves Project Wetland Mitigation Plan" which includes the development of a monitoring program to be submitted to the Corps for approval no later than 60 days prior to the proposed date of initiation of construction. The monitoring plan shall include detailed success criteria. Creation of the off-site wetland mitigation shall commence at least concurrently with, or in advance of, the start of construction of the Delta Coves project. Construction of the off- site wetlands shall be complete prior to breaching of the levee at the Delta Coves site. 2. The permittee shall implement the stipulations of the attached Programmatic Agreement between the Corps, the California State Historic Preservation Officer, the Advisory Council on Historic Preservation, and the permittee. 3. The permittee shall implement the terms and conditions of the attached biological opinion from the U.S. Fish and Wildlife Service (Service) which are summarized below. a. Filling of the harbor shall occur from August 1 through November 30. Provided the siphons are screened according to Service specification (see opinion for details) , filling of the harbor may continue from December 1 through, January 31. If delta smelt are not potentially present in the project area according to the Interagency Ecological Program's monitoring program, filling of the harbor may occur for a continuous period from August though January, not to exceed six months. b. A plan for a boater education program consisting of signs and flyers about the effects of excessive noise and erosion resulting from boat operation on resident fish and their habitats shall be submitted to the Service for approval. The plan shall be implemented at least 30 days prior to boating activity occurring in the project area, C. No gas docks shall be constructed within the project boundaries. Restrictions on bilge pumping within the proposed project area shall be strictly enforced. d. The permittee shall create 1.25 acres of shallow water habitat on- site. This mitigation shall be located adjacent to the landward recreation area (tennis courts) or in another area with minimal boat traffic. The permittee shall develop a detailed on-site mitigation plan. Two copies of the plan will be submitted to the Corps of Engineers, one Department of the Army Permit Page 3 199400393 of which will be forwarded to the Service for approval prior to implementation. Upon approval from the Service through the Corps, the on-site mitigation will be graded and prepared for planting prior to breaching the levee. The area can be planted once the lagoon is filled or after the levee breach occurs but must be completed within 60 days of breaching the levee. 4. The marina will be designed to include pumpout facilities for sewage and an oily water separator for bilge waters. 5. The permittee shall ensure that the CC&R's for the individual home lots include language stating that: a) each of the individual boat docks will be constructed as shown on drawing number 7 and in a manner such that neither the floating portion of the dock or boats which may be moored to the dock will come to rest on the levee bench during low water; and b) a Department of the Army permit, separate from that authorizing this project, will be needed prior to any work in, over or under the constructed lagoon, including any individual boat docks with a design other than what is authorized by this permit. 6. The permittee shall provide an updated supplemental soils report to the District Engineer no later than 90 days prior to the proposed date of initiating construction, for review and approval to ensure that the soil report dated June 1980, is still valid. 7. In order for the Corps to ensure that the plans and designs have been developed and reviewed by licensed professional engineers, the permittee shall submit final development plans and construction methods of the proposed levee system to the District Engineer no later than 90 days prior to the proposed date of initiating construction. These plans shall include a description of the procedure for breaching of the existing levee, details on joining proposed and existing levees, and the location of all utilities and plantings within and on the proposed and existing levees; which shall incorporate the following restrictions: i) no utility lines shall be placed longitudinally in the theoretical levee section; ii) the invert of all pipes crossing the theoretical levee section shall be above the 100-year flood elevation; iii) no trees shall be planted on that portion of the final levee surface that is within the theoretical levee. 8. The permittee shall not begin construction on any phase of the project until final plans and construction procedures of the levee system are reviewed by the District Engineer to confirm that plans and designs have been developed and reviewed by licensed professional engineers. 9. The perizittee shall notify the U.S. Coast Guard prior to excavation of the levee breach and construction of the lagoon entrance structures, as required for the Coast Guard's Notice to Local Mariners. 10. The permittee shall supply two sets of "as-builts" to the Corps within 60 days of construction being completed for both the off-site mitigation area and the mitigation within the Delta Coves project area. Any changes to the project from the plans submitted to the Corps shall be approved by the Corps prior to implementation and shall be highlighted on the plans. 11. The permittee shall cooperate with all requirements of the Bethel Island Municipal Improvement District to ensure both the initial capital expenses incurred by the District as a result of their increased responsibilities and the long-term monitoring and maintenance programs for the project levees and Department of the Army Permit Page 4 199400393 lagoon are adequately funded, to the extent authorized under California state law. Further Information: 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to: (J) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403) . {J) Section 404 of the Clean Water Act (33 U.S.C. 1344) . { ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413) . 2 . Limits of this authorization. a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law. b. Th..is permit does not grant any property rights or exclusive privileges. C . This permit does not authorize any injury to the property or rights of others . d. This permit does not authorize interference with any existing or proposed Federal projects. 3 . Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes . b_ Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. C, Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit . d. Design or construction deficiencies associated with the permitted work. e_ Damage claims associated with any future modification, suspension, or revocation of this permit. 4 . Reliance on Applicant' s Data. The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. S . Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant . Circumstances that could require a reevaluation include, but are not limited to, the following: Department of the Army Permit Page 5 199400393 a. You fail to comply with the terms and conditions of this permit . b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (see 4 above) . C. Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326 .4 and 326.5 . The referenced enforcement procedures provide for the issuance of an administrative order requiring you comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations ;such as those specified in 33 CFR 209. 170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6 . Extensions . General Condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit . Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit . Z L Warren L. Weisenburg Date Delta Coves L.P. This permit becomes effective when the Federal official, designated to act for the Secre/tIry of he my, has signed below. Dorothy F. K!a Dat Colonel, Corps of Engineers District Engineer When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. Transferee Date L� c 199400393 MARINA AREA G_ATEY/-,Y ROAD ,v t FRANKS TRACT 0 LAGOON p 5 s. C . _ -- -• -'.V pnr; E�- \rf3ElttCL i AND - LCt.�E 1iCj.tCND } (DUTCH SLGO � O S� l DTRACT p, Ot�O 4 Ln O4O CPN W ENTRANCE PLAN r I JREHTWOOD - �� N SITE PLAN VICINITY IMAP + 0 1000 2.000 3000 4000 51-SO FEET 0 i 7 . a S/al.Efi SCALE� SC?.LE:: . �` PAEC.^ST CONCRETE PtiiUG \ GENERAL NOTES „3TE� INIT tKE '- 1. PROPOSED BERTHING FACILI T IES YWES u� 495± INDIVIDUAL BERTHS I E i j A 100-150 BERTH MARINA i /a GUEST BERTHS & GAS DOCK - 101 --- sc :E0 10 11 12 APPROXIMATELY 6,000 CU.YDS. OF MATERIAL TO BE REMOVED (-,E' ENTRANCE - CHANNEL TO BE DISPOSED OF ON SITE- .` APPROXIMA.7FLY `�'JO CU.YUS. Or ROCK }; Q BANK PROTt-CTION TO BE USED AT S ./� �� �-��,. SAND�O��C� j 'u � ENTRANCE CHANNEL:. NO SL C/ ENTRANCE PLAN 040 80 t20 160 F ECT sCaLE PROPOSED EN'l /( NCE Sl RUCTURE PURPOSE : ENTRANCE STRUCTURE TO PROPOSED ON BETHEL ISLAIQD LAGOON SYSTEM FOR WATER-ORIENTED AT SANDIMOUND SLOUGH RESIDENTIAL. DEVELOPMENT. COUNTY OF COSTRA COUNTY STATE CALIF DATUM E. EAN SEA LEVEL_.. APPLICATION BY DELTA COVES ADJACENT P��OPERTY OWNERS - I - RAYMOND E. S NORMA J. PETERSON 2 .BRUNO P.O LOIS A. M:ARKERT ' ' o�� p•�° � { JE it'll sill. �i; i Ali�- "�"" ""�C� -tr`�'r'p , � •_ _ ,f. •}�". �1 t}' + � fill ,1 d ll e ' st r s t '4I` -' J � v////�'^�\�•�\\\/i; ` `` t. Y� t j•r 1't !. {,� � S ��� ��•� 'l ,,_; � �,'./ �t .. � t� '�•- a� 1 �f b a iii CL �p +[=s + _�.+ , .L! (�J— � /; R of r.t i.r'�tt• �M=r` �t Y'. I � b � U if • � t t.l f ! 1 '1��'1 1 7K IY f SII ffr .K , '_\ ,.( 1 ita'1�t�'. 't �-fv .•�f 'r�'1 :w j< r�"i �".C{;i t,�i..: t,t � 4 AoV � . � Y.? 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I �/ +• �• � 71/ �� 712 I tv i 5r a.w10E PaEC57 CONCR�7E PILING t5� tS27 " o Dr TAI Lr I I -� A--S DETAIL " D" 1.• �+ 199400393 1 `r',Vf i t i �E:F�, i0 t u �t l'S i7 U ,.t v V T . a A �n u v r G x t5 v r � i d y •W W LL„y' a � _ c Jj3 N A 3 1p 1 V s O � tai ` 4 N � q O N � O t t 4 t 19940039 rW— RFiC7LD!"lC; TANK WITH--­ AUTO 1TH—.__._.. { AUTO'.IA f lC PUIM P g' 1 Y p _� { OUT SYSTEM i r t� e _�--� -- �--� � _� S7YR0F{7A"A ; Lo LOGS TYP. f ' €, to - I G A LV. I ANCHOR l CABLES S, I 4-11 t� GLU-LAMS PIAN AN r e NOTES' I. F18c;.RGLASS HOl_Dlria,� FOR � EXTERNAL DISCHARGE FROM A(_L VESSELS- 2. DISCHARGE'. PUMP FROM ?HOLDING 'TANKS HANDRAIL 70 HOUSE SEWER CONNECTION WITH i BACKFLO`I PREVENTION VALVE. LU-LAtA I �-- 10,-- -3 `�_ STYROFOAM 1.0<;S I ELEVATION INDNIDUAL DOCKS 2 APPR0XIM,ATELY 4995 199400393 ANCHOR WALL RAMP GJ PILES 1 t DOCK + Llj j - 4 f t 20 HOLDING TANKS WITH AUTOMATIC PUt,',P OUT SYSTEM. FLAN NOTE: I'_ 3O+ MARINA 'rU Oil USED FOR CONDOMINUM AND GUEST DOCKING. MARINA DOCKS APPROXIMATELY 150 SLIPS PROJECT DESCRIPTION PUBLIC NOTICE NO. 6063 xtracted From Information Provided By Delta Coves } The proposed project would occupy approximately 310 acres in the southeastern part of Bethel Island in the Sacramento-San Joaquin Delta.The site is bounded by Bethel Island Road on the west,Gateway Road on the north, Stone Road on the south and Piper Road on the east. Dutch and Sandmound a�pughs are near the site on the south and southeast. Topography of the proposed site would require reconfiguration to form an inland harbor with individual coves,.The project hat been engineered as a balanced cut and fill operation whereby all material will be utilized within project limits with no excavated material placed within the waterway.Access to the harbor would be by breaching the Bethel Island levee in the southeast corner of the development'The levees around the inland harbor and formation of the harbor coves will be completed prior to breaching the Bethel Island levee.Water will be siphoned from Sandmound Slough into the harbor basin to tide level before the levee cut is made. The integrity and stability of the proposed levee system in combination with the existing system is the key technical factor of this project. Objective of the development is to provide building sites for a planned residential unit of single-family dwellings and condominium units including commercial and recreational facilities in an aquatic environment. Lots in the subdivision would be sold to individuals for residential construction subject to architectural control maintained by the project developer. The project is to provide building sites for 498 single-family dwellings and 110 condominuim units. All the buldings would be built on top of the new levee system surrounding the new lagoon. The developer estimates that the majority of the lots will be sold to individuals within four years after initial construction has started. A homeowner's association will be established prier to sale of individual lots. Construction of the 160 foot wide entrance channel into Sandmound Stough will involve approximately 6,000 cubic yards of material from the levee, placement of 500 cubic yards of rock bank protection at the entrance and construction of two concrete extending walls into Sandmound Slough to form an entrance structure. The entrance structure will extend completely through the levee breach into the harbor. The wall will be constructed with precast concrete sheet piling with concrete caps poured in place.Entrance signs and navigation lights will be mounted on top of each wall. A five foot diameter,screened water-intake pipe will be installed at the base of each entrance wall and will connect to discharge pumps located at the head of each interior cove in the lagoon.This system will be used to introduce water into the lagoon obtained from Sandmound Slough on a controlled basis in order to flush the coves and control water quality. The entire project will involve placement of approximately 600,000 tons of rock for bank protection within the lagoon and at the entrance channel.The source of this material either be Basalt Rock Co. in Marin County or from various rock quarries situated in Contra Costa County. 4 (Dt i P Ices # A-3 DEPARTMENT OF THE ARMY U.S.ARMY ENGINEER DISTRICT,SACRAMENTO CORPS OF ENGINEERS 1325 J STREET REPLY TO SACRAMENTO,CALIFORNIA 958142922 ATrENTIO«OF ,Lune 30, 1995 i Regulatory Branch (199400393 ) Delta Coves L. P. Attn: Mr. Warren L. Weisenburg 29 Sorrento Way San Rafael , California 94901 Dear Mr. Weisenburg: I have reviewed your response to comments received from the Public Notice for your prcposed Delta Coves project on Bethel Island, California . You have adequately addressed the comments and concerns raised by zederal, state and local agencies and individuals except for the questions involving an alternatives analysis and appropriate mitigation. As stated in your May 17 , 1995 , cover Letter, these two issues will be addressed under separate cover. Also, your March 15 , 1995, letter adequately summarizes the district court 's decision. Along with the Amended Judgement, the Conditions of Approval , the Order Amending Judgement, and the Special Verdict, we have the information we need and will not need additional information from the trial . Lastly, I need to clarify a misunderstanding you have regarding validation of your proposed levee design. You have stated in your response to comments that the Corps will approve final plans and construction procedures for the levee. Although this was a permit condition when this project was authorized in 1978 , it is no longer the case. The Corps of Engineers will not evaluate or validate your levee design. As you know, your project will also require approvals from the Reclamation Board and potentially the Department of Water Resources ' Division of Safety of Dams . These agencies would be the appropriate review agencies for authorizing levee construction. 2 If you have any questions, please write to me at the letterhead address, Room 1444 , or telephone (916) 5557-5266 . Sincerely, R oe, P.E . , Esq. to/San Joaquin Delta office Copy Furnished: Jim Gibson, Gibson & Skordal, 100 Howe Avenue, Suite 155N, Sacramento, California 95825 DEPARTMENT OFrECILSION ARMY PERMIT EVALUATION AND DOCC.1MEtwT'T Applicant: Delta Caves L.P. Application No: 199400393 This document constitutes my Environmental Assessment, Statement of Findings, and review and compliance determination according to the Section 404(b)(1) guidelines for the proposed work described in the public notice attached as Appendix A. I. Proposed Project: The location and description of work are described in the attached public notice. There have been no modifications of the location or the description of the proposed work since the public notice except for the mitigation described below. The applicant will implement an off-site mitigation plan as described in the document titled "Delta Coves Project Wetland Mitigation Plan," prepared by Earl Cooley, .Manager, Medford Island Habitat Conservation Area, dated May 1996, and revised October 7, 1996. Additionally, the applicant will construct shallow-water habitat on-site for mitigation required as a result of consultation with the U.S. Fish and Wildlife Service for the project's effects on the threatened delta smelt, Hypomesus transpacificus. Project History: 1. On August 20, 1973, the applicant filed an application for rezoning and a preliminary development plan with Contra Costa County. On September 21, 1976, the county Board of Supervisors certified the final Environmental Impact Report (EIR), rezoned the property P-1 (planned unit development) and approved a preliminary development plan. 2. On November 11, 1976, Public Notice Number 6063 for a Department of the Army Permit was issued. A Final Environmental Impact Statement (EIS) was completed by the Corps in February 1978. A Public Hearing was held on June 15, 1978 and Department of the Army Permit Number 6063 was issued on October 25, 1978. This permit expired on October 31, 1983, 3. On May 11, 1982, the applicant submitted a final development plan and tentative subdivision map to Contra Costa County. On April 12, 1983, the County Planning Commission determined that a focused EIR would need to be prepared for the project. 4. On .lune 6, 1983, the Corps issued Public Notice Number 6063T requesting comments on an extension of time for the project. Contra Costa County subsequently denied approval of the final development plan and tentative subdivision map. In coWliance with regulations supporting denial when local authorization is denied, the request for a time extension was denied without prejudice by the Carps on August 5, 1983. Department of the Army Evaluation and Decision Document Page 2 5. The applicant instituted legl action against the county in Federal Court. On January 30, 1989, the court rendered judgement, directing the county to approve the final development plan and tentative subdivision map, subject to 38 conditions which were attached to the judgement. 6. On June 6, 1989, Public Notice Number 6063A was issued, describing the applicant's request for reissuance of Permit Number 6063. On August 29, 1989, a second Public Hearing was held. 7. In the intervening years since issuance of the original permit, two fundamental changes had been instituted in the Corps regulatory program. During December of 1980, FPA published the "Guidelines for Specifications of Disposal Sites for Dredged or Fill .Material" (Guidelines). These Guidelines set forth specific restrictions and limitations applicable to fill in special aquatic sites, including wetlands. The second change was the development and adoption of a multi-parameter methodology for delineation of jurisdictional wetlands. The Corps required the applicant to submit a detailed wetland delineation of the project area. "There were 25.62 acres of wetlands within the project area, all of which would be impacted by the proposed project development. The presence of wetlands had not been described in the Corps Final FIS, nor had they been mentioned during the processing of the 1983 time extension. Therefore, the applicant began the alternatives analysis required to satisfy the 404(b)(1) Guidelines for the project. The applicant also began to proactively identify opportunities to develop a mitigation plan for unavoidable impacts to the wetlands on the project site. Because of an illness and the subsequent death of the original managing partner of Delta Coves, the requested information could not be supplied in a timely fashion and the application for reissuance was withdrawn. 8. Delta Coves resubmitted an application to the Corps on April 26, 1994, complete with a conceptual mitigation plan. The applicant subsequently furnished an alternatives analysis to the Corps in October, 1995. The attached public notice was issued on January 20, 1995. A public meeting, the third for this project, was held on July 26, 1995.