Stop drying out Ballona Wetlands Ecological Reserve! Stop Playa Vista's confiscation and throw away of Ballona's freshwater resources.

               a. 1959 Poland Report etal (hydrology report of LA Basin)


               b. 1954 Congressional House Doc 389 and 780 establish Marina del Rey 
                    Complete 47 pages MDR House Document No. 389 SMB - Public Law 389 5:11:1954   47 page pdf
                     Annotated House Document No. 780 SMB - Public Law 780 9-3-1954  Rivers and Harbors Act 2 page pdf

Good Morning Mr. Kang and Ms. Williams,

“Before any long term dewatering is conducted, a plan for the beneficial use of any water which is produced shall be submitted and approved by the appropriate City agency.”

Enforcement Agency: Department of Building & Safety, and Regional Water Quality Control Board

Page 10 J. Appendix D — Mitigation Monitoring and Reporting Program

• While Grassroots Coalition (GC) agrees that Permits were approved — namely CDP 5-91-463 and 90-426 EV; Grassroots Coalition (GC) thoroughly disagrees with Playa Capital Company’s contention that the Freshwater Marsh System operates as it was intended. Oversight has been lacking and agencies have been disconnected in their oversight functions which has given rise to unaddressed problems that are harmful to Ballona Wetlands Ecological Reserve.
   
  Settlement Agreement — California Coastal Commission vs Friends of Ballona et al 1990
   
• The Permits were not analyzed as part of any Environmental Impact Report, contrary to this assertion by PCC.

  Numerous environmental protective evaluations that are typical of the California Environmental Quality Act (and the CCC equivalent review) were set aside and never occurred. There was no scientific analysis performed for CDP 5-91-463 which inculcates the Army Corps Permit 90-426-EV. Instead, Ballona Wetlands was MISCHARACTERIZED as a salt marsh in the 1990 Settlement Agreement which is the basis of CDP 5-91-463. This inaccurate/ false premise set the stage-improperly- for the current Draft Environmental Impact Report —which provides only for the creation of a salt marsh, while promoting the destruction of ‘restoration’ and Ballona Wetlands. Perhaps, this is believed to have occurred because Playa Vista has controlled the outcome of Ballona Wetlands for its own flood control goals and needs as well as Tsunami protection goals and needs.

  Playa Vista’s needs are disallowed to harm Ballona Wetlands Ecological Reserve … as stated in the 1990 SA/2006 Stipulation.
   
  The public paid over $140 million dollars for the acquisition of Ballona Wetlands. It has been given the highest protective nomenclature — the status of Ballona Wetlands Ecological Reserve by the Fish and Game Commission. Restoration only is allowed under the California Coastal Act.
   
  In PCC’s Letter, PCC uses the inaccurate, hearsay of Ballona being a salt-marsh … as an excuse to drain, divert and pump away Ballona’s freshwater. PCC FAILS to mention its own EIR mitigation measures intended to protect and enhance the habitat of Ballona Wetlands.

  Download the 43 megabyte Slideshow PDF: California Coastal Commission Meeting - May 8, 2019 - Ballona Wetlands Restoration History 

• Playa Capital Company (PCC), in their letter response, attempts to perpetuate their myth of Ballona Wetlands being a salt marsh. We can only assume it is due to their private needs of flood control.
   
  Ballona Wetlands is a predominantly seasonal freshwater wetland system, rare to the coast of California. 
  Ballona Wetlands History SlideShow (Slides 18-21 of 31) May 8, 2019; 
  GR YouTube CCC  Ballona Wetlands History Presentation May 8, 2019 CCC Ballona Wetlands History Presentation by Patricia McPherson;
•  
• Hydrology 1959 Report of Los Angeles and Ballona (by Poland); 
   
• Marina del Rey, CA: Why and How MDR Was Created with 1954 U.S. Docs 389 and 780 / Documents and Excerpts; 
   
• Historical Ecology of the Ballona Creek Watershed (T. Longcore, Dark, Stein.)

  2012 Implications Ballona Wetlands Restoration, Dr. Travis Longcore video)(link is external)

   
• Margot Griswold, Restoration Ecologist - Youtube California Coastal Commission Meeting May 2019 5.10.18
  Patricia McPherson's Public Comment at CCC Oxnard 5.10.19 - Youtube 7:22 minutes (https://youtu.be/fUJfuVrkzMg)
•  
  
   
  The freshwater marsh system was designed to overflow into Ballona Wetlands. Nothing, in any of the permits, allows for harm to Ballona Wetlands. To the contrary, the 1990 Settlement Agreement and its subsequent Stipulations (eg 2006) specifically disallow any harmful actions by Playa Vista to occur to Ballona Wetlands.
   
  As LARWQCB is fully aware, the California Coastal Commission (CCC) found that the illegal drains inserted by PCC and maintained by both PCC and CDFW were a Violation of the Coastal Act due to their harm to Ballona Wetlands via the illegal drainage.
   
  PCC/Brookfield (Playa Vista) had continually argued, since 2016, to the CCC that these drains were inconsequential and no rainwater ponding occurred in this area. Playa Vista and their consultants were proven wrong.
   
  The CCC Commissioners ordered the illegal drains capped and for CDFW to provide an application to REMOVE THE DRAINS.
   
  The rains of 2019 have demonstrably proven that with the capping of the drains, ponding is restored to Ballona Wetlands in these areas of endangered wetland habitat.
   
• ALLEGED CLEAN WATER ACT VIOLATION. The LARWQCB is aware from Playa Vista emails provided to LARWQCB by GC, that consultants of Playa Vista-namely Psomas, have acknowledged in emails to Playa Vista, CDFW and others, that the water of the Ballona Channel periodically backs up into Ballona Wetlands via the previously uncapped drains.
   
  GC believes this ‘back flow into Ballona Wetlands” to be a violation of numerous environmental laws but additionally believes that this unpermitted Ballona Channel water flow INTO Ballona demonstrates the failure of the Main Drain to function as permitted. This matter needs to be addressed by LARWQCB per the Clean Water Act and other state water/wetland protective laws. The failure of the Main Drain to act as permitted needs to also be addressed by the USACE & County Flood Control as well as by the Ca. Coastal Commission, CDFW and all the entities that are part of the Freshwater Marsh System oversight.
   
  PAGE 2 paragraph 2
  PCC provides inaccurate information to the LARWQCB. The Ballona Wetlands Conservancy was NOT a part of the Settlement Agreement. (See Davis PRAs)

         Pursuant to the settlement agreement mentioned above the Friends of Ballona Wetlands, the State of California, the City of Los Angeles, and MTP-PV, the Ballona Wetlands Conservancy was formed in 2000 to manage the Freshwater Marsh, and has managed the system since the initial portions were completed in 2003. The Board for the Conservancy is comprised of representatives appointed by the Resources Secretary of the State of California, Los Angeles City Council District 11, the Friends of Ballona Wetlands, and Playa Capital Company LLC. Funding for the Conservancy is provided through assessments of properties within the Playa Vista community. The biologist who performs the management of the Freshwater Wetlands System is Dr. Edith Read, PhD.

  As can be seen by reading the Settlement Agreement (SA), the Ballona Wetlands Conservancy WAS NOT A PART OF THE SA.
  Pursuant to the SA of 1990-1, the Ballona Wetlands Committee was to be formed. The parties of the Ballona Committee, according to the SA were to consist of representatives of the State Lands Commission; the Council District; Maguire Thomas Partners (Playa Vista) and the Friends of Ballona who were in turn, to create the Ballona Wetlands Foundation (same representatives) for oversight and management of the Ballona restoration and the freshwater marsh system.
   
  Playa Vista, itself, created the Ballona Wetlands Conservancy (Conservancy) in 2000. It appears to be part of a narrative designed to provide both obfuscation and confusion. The IRS records  show the Conservancy as being Playa Vista entities (See IRS Records at Bottom within Additional Information).
   
• Even the Friends of Ballona involvement in anything Ballona, by this timeframe is under the oversight and direction of Playa Capital LLC VIPs and/or its consultants as they became the leadership of Friends of Ballona Wetlands.
   
  - In the Ballona History SlideShow - Slide 27, discusses the Conservancy as formed to provide the financing to be made available for management of the freshwater marsh system. When the freshwater marsh was first acquired by the public it was held in trust by the State Lands Commission and an independent company provided oversight of the management of the marsh. Later, Edith Read, PhD. a biologist and Playa Vista consultant, took over that role.

  What is left out of this oversight, is engineering oversight for how the marsh actually functions.

• Hence, the failure of the Main Drain to act as permitted, (the back-flow from Ballona Channel entering Ballona Wetlands Ecological Reserve via the illegal drains) has not been part of the oversight of Ms. Read as shown in the monitoring reports. The Habitat Mitigation and Monitoring Program (HMMP) is flora and fauna and water QUALITY oriented FOR ONLY CERTAIN CHEMICALS.
   

  HUGE DATA GAPS 

   
• Lack of prudent, active oversight by multiple agencies appears to have occurred which has allowed for the Operations and Maintenance Manual for this flood control system, to not be finalized and no permit established as a FLOOD CONTROL Permit for the Main Drain’s exit breech to the Ballona Channel from LA County Flood Control.
   
•       There are huge data gaps that have occurred that include, but are not limited to:
   
• Patricia McPherson President of Grassroots Coalition presents History of SoCalGas Underground Gas Storage Field Operations 
•  
• YouTube: 
• "How Hazardous is too Hazardous", by Grassroots Coalition's Patricia McPherson
• https://www.youtube.com/watch?v=7ZgQtCKEvc8&t=93s
•  
• Slides of the Presentation:
• Patricia McPherson regarding SOCALGAS PLAYA DEL REY Operations 4.16.19.pdf 
•  
• The YouTube Presentation and Slide Presentation were given to the City of Los Angeles for a Compliance Review Request #453028 August 2, 2019, for the Conditional Use Permit of SoCalGas/PDr by Grassroots Coalition and supported by the Sierra Club.
•  
•  
• Monitoring of the oilfield outgassing that is occurring on a daily basis both directly over the Playa Vista abandoned well - University City Syndicate and approximately 100 feet east of the well itself. DOGGR has documented the oilfield outgassing over University City Syndicate (location of well head via a magnetometer) and GPS’d the location. Exploration Technologies Inc (ETI). (LA City Oilfield Gas Expert 2000-01) has already documented SoCalGas’s acknowledgement of numerous wells within their mineral right area as being used as conduits for migrating oilfield gas. ETI has cited this observation and condition, and noted that by, law, is not allowed under DOGGR regulations. The fact that DOGGR has done nothing to compel Playa Vista to end the outgassing directly over University City Syndicate, GC would opine, is more a matter of politics and favors than legal reality.

• 
  The Memo above from Leigh Brewer (SoCalGas) to Jim Mansdorfer and John Thompson (both senior SoCalGas personnel) acknowledges SoCalGas’ awareness of University City Syndicate as a ‘problem well’ and goes on to cite that during the (Playa Vista) re-abandonment, “they took a kick (blowout) from 1850.” The memo addresses the leakage at the surface “At the end of the work, there were gas bubbles at the surface … so they dumped 2sx (sacks) G cmt (cement) and called it good. ... No wonder Rich Baker was unhappy.” Richard Baker was then in charge of the Cypress DOGGR office. (Document courtesy Bernard Endres, PhD.)

  Read the 2005 email immediately above. Then Click on photos below to see 2017 and 2019 videos of outgassing over University Syndicate.

•         Playa Capital Company (PCC) makes a claim of the outgassing not being over University City Syndicate. The comment is simply inaccurate.
   
• The outgassing that GC believes PCC references - https://youtu.be/NNA2f3GvUPg
   
  https://youtu.be/LR1r9X2VGZo​ Outgassing over University City Syndicate (DOGGR PRA FILE)
   
  Note the heightened outgassing occurring in 2017— https://www.flickr.com/gp/stonebird/5KU61h (Jonathan Coffin video)

•        

  Here are the wetlands: https://youtu.be/QDXIPAYaCHA
  This is recent - 2019, FLIR imaging showing the oilfield gas off gassing over University City Syndicate.
  - EarthWorks & GC

  2019 Oilfield outgassing over Playa Vista’s abandoned oil well- University City Syndicate in freshwater marsh (public trust land/water) https://www.flickr.com/gp/stonebird/2h5k6L
             

•                

  2019 Oilfield outgassing near (west) University City Syndicate  in freshwater marsh (public trust lands/water)https://www.flickr.com/gp/stonebird/J1Sc3k

   

• PAGE 3 - Playa Capital Company (PCC) Letter  https://drive.google.com/file/d/1t1m6whXly8ChvPWADk0OJcddg3BxgOcx/view 
  USACE PERMIT NO. 90-426 EV … while this permit exists, PCC uses it as an apparent excuse to divert freshwater away from Ballona Wetlands and thereby harming Ballona Wetlands Ecological Reserve. There is nothing in this permit that allows for harming the Ballona Wetland Ecosystem and its underlying aquifers.
   
  The Corps’ role in this permit envisioned the freshwater marsh system water to flow out upon Ballona as designed in the extended wetland portion. The acceptance of the Corp to allow flow into Ballona Channel discusses the approval as based upon the volumes sent into the Channel being marginal compared to the Channel’s capacity for water flow, hence the Corps determined no harm would come to the Channel from the added flow. Therefore, the Corps, as cited in its letters to PCC approved the breech in the Channel levee. The Corps’ permitting did not investigate the ecological needs of Ballona Wetlands.
   
  The Playa Vista EIR did contemplate Playa Vista dewatering for the Hughes contamination. However, the cleansed water was cited as being used thereafter in a beneficial manner for the wetlands. The permits garnered by Playa Vista for the Freshwater Marsh System, discuss the lack of knowledge as to how much fresh water is needed for Ballona Wetlands.
   
  The build out of Phase 2 of Playa Vista also provides for removal of groundwater and rainwater via the riparian corridor . The Phase 2 EIR discusses the lack of knowledge that would exist until completion of Phase 2, as to how much water diversion would occur.
   
  The Phase 1 EIR did not contemplate the need for dewatering under buildings due to the need to lower the water table away from the gas intake pipes of the gas mitigation systems. The later CLA Report had no cumulative dewatering calculations and only included approximately 5 buildings of Playa Vista analyzed in a model format and not with actual Department of Sanitation volumes .
   
  There remains a need for a cumulative evaluation of the full dewatering that is ongoing by Playa Vista. Ultimately, there is no reason for Playa Vista to throw away the groundwater and rainwater (which is classified as nuisance water at Playa Vista).
   
  The freshwater simply needs to be restored to Ballona Wetlands Ecological Reserve instead of being thrown away.
   

 

 

The permits for the riparian corridor included a small access pathway, no major roadway was envisioned or permitted. The major roadway seen above was not permitted for construction. Playa Vista simply created this industrial scale roadway of its own volition and was later given numerous citations by the Los Angeles Dept. of Building and Safety. LA Public Works, later was engaged in oversight of this massive new roadway that destroyed endangered species habitat (see CDFW Streambed Alteration Violation Notice) and compelled Playa Vista to produce compaction verification reports etc. that would ordinarily be done in the course of such massive construction.

 

The Vector Control letter above, notified Playa Vista of its own violations that had been occurring, while citing that

 

“... the line of authority and legal responsibility has been vague and needs to be defined.”

 

GC agrees and continues to request a multi-agency, concerted review of the management of the Freshwater Marsh System that would include the public and be accountable for answering to the public regarding the public trust lands.
 

 

IV. DRAIN AND VENT ASSOCIATED WITH THE FRESHWATER MARSH SYSTEM

 

GC thanks PCC for providing an explanation as to the VENT — we believe PCC references the image in the upper right of GC’s PPT slide above. This structure came to our attention due to the witnessing by a volunteer, of an apparent transient, using the structure as a toilet. The wooden (see in background as leaning against the concrete structure) ‘lid’ has been removed by someone or something, thereby leaving an open hole that seems rather treacherous for wildlife that may fall into it, resulting in their death.

 

The SQUARE DRAIN

GC thanks PCC for providing an explanation of the Square Drain. According to LA City responses regarding this portion of the ‘system mechanics’ there is no approval for the Square Drain on record. No schematics exist in response to Public Record Act requests for this ‘development’. The CCC similarly have no approvals as requested by the City of LA for final diagrams of any portion of this Freshwater Marsh development. The Square Drain contrary to the PCC letter, DOES ACCEPT water. While not, as described in the letter via a large valve. There is rainwater that fills the deep, large SQUARE DRAIN as seen in the photo below. Vector Control has stated that it treats the water in the drain on a weekly basis. Vector Control has stated that it does not know what the function of the Square Drain is.

 

- The Ca. State Lands Commission, in response to Public Record Act (PRA) requests, cites it does not know what the structure is, or how it functions.

 

- CDFW states in response to PRAs and queries, that it does not know what it is or how it functions.

 

Both agencies advised GC to ask Playa Vista. However, Playa Vista - Ballona Conservancy, to GC’s knowledge, does not have to answer to a Public Record Act Request. GC did however, provide a PRA on 5/22/19 to the Ballona Conservancy regarding the Square Drain and has not received any response.

 

The Square Drain is large, having a long ladder within it attached to its wall. This area apparently allows for a stagnant column of water. Anything that may fall through the grate would likely die. This square drain, according to Google Earth images was inserted in roughly the 2008-9 timeframe, during which the public had retained ownership as public trust lands. No developments were sanctioned to occur until the restoration process was decided, according to public documents. That decision has not been made.

 

PCC states (p. 5), “This structure was placed simply to locate the end of that pipe at a future date since the pipe elevation is about 6 to 7 feet below the existing ground elevation.”

 

Permits for this Square Drain appear to be lacking. And, per the statement by PCC above, it would appear that it is a "development’” that is part of the ‘future’ second phase of the CCC permit 5-91-463 (first phase approvals were granted by the CCC) that required an Application for the structure as well as approval from the City of LA that would necessarily include the diagrams and schematics of such structure.

 

 

 

V. METHANE AND OIL WELLS

 

PCC maintains that, in ... "2003 Cal-EPA rejected Ms. McPherson’s claims since the methane was naturally occurring.”

 

There is evidence of a leaking well in the Freshwater Marsh. Outgassing directly over a well head, in particular is indicative of a well acting as a conduit for gas migration. As cited by ETI - June 16, 2000 Letter to Mr. Hsu, Chief, Grading Division pertaining to wells acting as conduits for gas migration and his belief of DOGGR’s need to take a different view on behalf of the public and the state of California’s interests not being served when such gas migration is ignored.

 

“The purpose of well casings is to contain all fluids and gases, preventing cross-migration between different sands and protecting the freshwater aquifers.” ETI

 

 http://www.youtube.com/watch?v=LR1r9X2VGZo&feature=geosearch DOGGR Personnel finding gas over well.

Here is the wetlands: https://youtu.be/QDXIPAYaCHA
This is recent - 2019, FLIR imaging showing the oilfield gas off gassing over University City Syndicate.
- EarthWorks & GC

2019 Oilfield outgassing over Playa Vista’s abandoned oil well- University City Syndicate in freshwater marsh (public trust land/water) https://www.flickr.com/gp/stonebird/2h5k6L

2019 Oilfield outgassing near (west) University City Syndicate  in freshwater marsh (public trust lands/water)https://www.flickr.com/gp/stonebird/J1Sc3k

GC does not have Attachment J, so it is unclear to what PCC references. There has been no rejection by Cal EPA regarding information provided by GC. To the contrary, the locations of outgassing have been tested as a result of GC’s concerns regarding outgassing in the marsh. It has been established that the gases are thermogenic and sampling shows constituents of BTEX and H2S — this information can be found in Playa Vista’s own sampling data of Playa Vista consultants - CDM. DOGGR has established where University City Syndicate is located and it has also been established that oilfield gas is migrating to the surface at the well’s location, occurring over the well head. This well was last abandoned by Playa Vista. It leaked shortly after it was re abandoned and DOGGR allowed for Playa Vista to put several more bags of sealant at the top of the well. Shortly thereafter, after the installation of the catch-basin and its filling with water; outgassing was documented over the well head area and to the west of the well head area. (See DOGGR documentation of both areas-attached and see the recent FLIR imaging done demonstrating outgassing over University City Syndicate.) Playa Vista’s own consultants have tested outgassing from one of the areas which comports with ETI findings that it is oilfield gas. Whether it is oilfield gas or a combination of oilfield gas and SCG reservoir gas is immaterial. Wells are disallowed to act as conduits for gas migration.

 

Playa Capital Company’s claims of ‘naturally occurring’ are misplaced, are off-point and apparently are intended to mislead LARWQCB.

 

PCC also misleads LARWQCB in the comment per “several regulatory agencies have reviewed the situation, and none has found it necessary to require any changes to the Freshwater Marsh or its management.” Any given agencies jurisdiction either allows for action on oilfield gas issues or does not. PCC provides no identified agency in this comment. GC refers LARWQCB back to comments made to GC by DOGGR personnel regarding this well.

 

 GC also is aware of numerous incidents of lack of action by agencies in the past to perform to regulations. For instance, CDFW was in violation of the Coastal Act for allowing the illegal drains to drain Ballona’s rainwater and did not act to correct the situation even though requested to do so by the Ca. Coastal Commission in repeated letters over a couple of years. It, unfortunately, took a lawsuit by GC against CDFW, in which GC prevailed and CDFW then was compelled by order of the Coastal Commission to cap the illegal wells and provide an application for removal of the drains.

 

PCC’s cavalier and misleading comments appear to be intended to marginalize the situation. Greenhouse gases are not discussed by PCC and PCC makes no attempt to help end climate change by doing their part in making certain that their well, University City Syndicate stops acting as a conduit for migrating oilfield gases into the marsh water and our atmosphere.

 

 

VI. DRAINS

 

Contrary to PCC claims that the Drains issues are resolved, capping was only the first part of Coastal Development Applications required by the Coastal Commissioners. The CDFW have yet to fulfill and complete a permit Application to the Coastal Commission for removal of the illegal Drains. The Application is past due and when done will be considered by the Coastal Commissioners for resolution of the Drain Pipes.

 

Contrary to PCC comment that the area of the drains were not wetlands at the time of installation; the area of the illegal drains, were considered wetlands by the CCC. Playa Vista developers did not disclose, the installation of the drains as required, to the CCC as cited by the CCC. The photograph below shows ponding all through the area of the illegal drains. The photo was taken approximately 9 years after the ill done Settlement Agreement.