U.S. Army Corps of Engineers Hearing Marina Del Rey, CA
May 10, 2016 Dock 52 “Proposed Boat Central Project”
Click below for 3 Part YouTube of Meeting with Army Corps.
Part 1 of 3 https://youtu.be/GAapIm1Eync
Part 2 of 3 https://youtu.be/LmWjckcvi_k
Part 3 of 3 https://youtu.be/vdg2b3GBUSk
Testimony: U.S. Army Corps of Engineers Dock 52 “Boat Central Project”
To: Attn. U.S. Army Corps of Engineers, Regulatory Division 4.28.16 Bonnie.L.Rogers@usace.army.mil
To: Attn. Michael Trip Planning Specialist
From: Jeanette Vosburg, 4124 East Blvd. Los Angeles, CA 90066
Testimony: U.S. Army Corps of Engineers Dock 52 “Boat Central Project”
Respectfully, I am submitting my testimony in these four emails (letter and all the attached documents) for this project. Please add me to the interested party notices list and please respond to this letter and attachments within ten days. This Draft/Final Environmental Impact Report (DEIR/FEIR) titled Dry Dock Storage Project, “Boat Central” submitted to the Los Angeles County Board of Supervisors (LACBOS) and California Coastal Commission (CCC) is defective as shown by comparing several illustrations. Therefore, I lodge my objection to their use.
Because of the requirement for full National Environmental Policy Act (NEPA) process including an Environmental Impact Study (EIS), I further believe we need this EIS for the entire harbor. The EIS needs to be reviewed under the National Environmental Policy Act (NEPA), not just under California Environmental Quality Act (CEQA).
I have attached all 16 Tattan Media Graphics illustrations but I am only commenting on the following seven illustrations:
Illustrations 6. Misleading – Parking lot on the left is covered with trees. If the trees are a true representation of the plans, where will the cars park? Is there an equitable replacement for space lost for either the trees or the cars on another lot?
Illustrations 10. Defective – Dry Dock Building Illustration shows heights of 67’ and 75’ but appears to extend 20’ or more feet higher. Why is this inaccurate? What is the maximum height allowed under review?
Illustrations 12. Misleading – Illustrations 6 to 12 are incongruent. Where is the parking?
Illustrations 13. Defective – Assuming the Red Line indicates a part of channel easement from Basin H to Ballona Wetlands Area A, Why isn’t the entire channel identified or labeled as required in the DEIR/FEIR? This channel is bringing SEC. 303 Impaired Water into a Federal Water Way under SEC. 404/408 Clean Water Act. USACOE has jurisdiction over Ballona Wetlands Ecological Reserve (BWER), a Federal Water Way. Currently, the U.S. Environmental Protection Agency and California State Water Resources Agency have ordered the County of Los Angeles clean up all Marina del Rey Basins, including Basin H, at an estimated cost of $250,000,000 dollars. The County of Los Angeles cannot legally continue to pollute. Why hasn’t USACOE complied with their legal duties in the harbor? See Letter Exhibit 17 Exhibit 17 - U.S.EPA TOTAL MAX DAILY LOAD 10.16.15 R14-004_EPA_APV.pdf
Illustrations 14. Defective – County currently occupies the southeast portion of Dock 52, groundside. Illustration 13 shows new parking; office and customer lounge; and, Sheriff’s/Lifeguard Boatwright facility. Where are the existing LACBOS office buildings and infrastructure going that are seen in illustration 14?
Illustrations 15. Defective – What is the true project area? It appears the mast-up storage will be affected if the current sheriff’s storage moves east to the adjacent lot. The project description is illegally incomplete. Why?
Illustrations 16. Defective – Why does Illustration 16 purposely obscure the Ballona Wetlands in background. Height of proposed Boat Central is not 65’-75’ feet, more likely 95’+. Height affects WIND – SHADOW – TREES – WETLANDS - CHANNEL ACCESSABILITY. Why hasn’t non-compliance with Sec 404 and 408 been identified? How are airborne chemicals, particulates and exhaust fumes from boats out of water being handled?
- Dock 52 Open Space Area is part of the Ballona Wetlands wildlife corridor. Water birds fly back and forth constantly from Basin H and the Marina Channel to the Ballona Wetlands. Native plants and trees should be added to the Free Parking Lot to meet legal requirements for habitat near tidally influenced land according to the Migratory Bird Treaty. (This applies to Pier 44, Dock 52, Parcel 9U, Mariners Village and Fisherman’s Village.
- Cleanup of all Marina Basins by the County of Los Angeles should be done as called for by the EPA and the Water Board as quickly as possible and certainly before any additional construction throughout the Marina. Cost estimated: $220- 250 million dollars.
- Both Edgewater and Playa Vista / Playa Capital Development should be required to capture, clean and reuse water created by de-watering. Any future improvements to current developments should also comply with the new requirement. Just the first two developments are estimated to be wasting 950,000 gallons of water per day. Why is U.S. ACOE illegally permitting this waste of water?
- Disruption of public launch ramp adjacent to site - creates dangerous ingress and egress and violates rules of the sea and harbor rules on safety for boat navigation in U.S. Waters per Rivers and Harbors Act Sec 10/11.
- Structures that extend over the water have not been permitted under the Rivers and Harbors Act Sec 10/11 and Federal Sec 404, etc. Where are all the Federal permits that are required?
- Reduction of views and pedestrian walkways created by proposed Boat Central haven’t been mitigated.
- Protection of Native American cultural resources – Why are impacts on known sites in the Federal Ballona Wetlands Archaeological District being ignored? Where are records of U.S. Army Corps Of Engineers Tribal Consultation under Sec 106 of the National Historic Preservation Act (NHPA)? Where is the NEPA Sec 7 Endangered Species Act (ESA) review / consultation.
- Impacts to the wildlife and the Ballona Wetlands Ecological Reserve.
- Water quality impacts under SEC 401 CWA administered by RWQCB.
- Air quality impacts due to construction/operation, idling boats.
- Shade/shadow/wind impacts on biological resources and boaters.
- Environmentally Sensitive Habitat Area/roosting and nesting birds – affects wildlife corridors to harbor by air-winged.
- Grading import/export quantities - CEQA impacts elsewhere. Under NEPA this is illegal.
- Structural integrity of bulkhead and illegal pilings in US Waters are not part of Marina Harbor Designs. Why is the County permitted to trespass on US Waters illegally and create more illegal discharges in U.S. Waters?
- Handling/disposal of hazardous construction materials/enforcement- See comment 17.
- Public access to shoreline – No. It is illegal to restrict harbor access by land.
- Noise impacts on the Ballona Wetlands Ecological Reserve (BWER) – Never consulted California Fish and Wildlife about BWER impacts as required California Department of Fish and Wildlife (CDFW).
- Safety of launching in crowded H Basin - Illegal commercial launch ramp / services without legal approvals by U.S. Coast Guard (USCG), National Oceanic and Atmospheric Administration (NOAA) & U.S. Environmental Protection Agency (USEPA).
- Cumulative demand for parking for coastal access – Loss of FREE parking and public open space adjacent to wetlands - BWER.
- Impacts of wastewater, electric, lighting, noise – Illegal existing conditions in Marina del Rey under the Federal Water Quality Act Sec 303 impaired water (current status per US EPA).
- Balance between recreational, residential and commercial uses – recently illegally arbitrated without legal public hearings.
- Need for additional mast up-capable sailboat storage – As required for Marina del Rey harbor compliance – not reduced if Beaches and Harbors/LA County gets their projects approved as Co-Applicant.
- Impacts to the cost of recreational boating and watercraft use – “fair & equitable pricing” – Boat Central would be for the exclusive use of powerboats.
Respectfully submitted by
Jeanette Vosburg, Concerned Citizen
Member of Angeles Chapter Sierra Club Ex-Com
Grassroots Coalition Board Member
P.S. Please acknowledge receipt of this email and attachments and its entry into the record.
FOR A COMPLETE SET OF ATTACHMENTS CONTACT JEANETTE@SAVEBALLONA.ORG