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HomeMy WebLinkAboutAgenda Bill 4ALate2 12/21/200940 ~- From: Tom & Kris Brown [katchat@sonic.net] Sent: Monday, December 21, 2009 1:35 PM To: -City Clerk Subject: Dutra Asphalt -NBRC Itr Sonoma County BOS 2009-12-13.pdf -Adobe Reader Attachments: Dutra Asphalt -.NBRC Itr Sonoma County BOS 2009-12-13.pdf Importance: High Attn: City Clerk, Please add the attached letter of 12/13/2009, from North Bay Rowing Club to the Sonoma County Board of Supervisors, to the record of comments on the revised Dutra Pro]ect at Haystack Landing for tonight's meeting of the Petaluma City Council. Thank you, Tom Brown President, North Bay Rowing Club r: N©RTt-t BAY ROiiyING CtrIJB' December 13, 2009 Supervisor Paul Kelley, Chair Sonoma County Board of Supervisors 575 Administration Drive, Room 100A Santa Rosa, CA 95403 Re: PLP04-0046, Dutra Materials, Inc. Comments on revised Haystack Project Dear Chair Kelley and Members of the Board of Supervisors: North Bay Rowing Club (NBRC) is a Petaluma-based non-profit corporation formed to promote the sport of rowing. Our facility at the foot of 2°d Street in Petaluma supports approximately 75 adult members from all over Sonoma, Marin, & Napa Counties, a Juniors Program with 20 local high school athletes, and the 48 athletes who comprise the Sonoma State University Rowing Club. Rowers are typically on the water every day of the week, usually in the morning, with the SSU Crew typically currently convening at 5 a.m. NBRC has followed this project since reviewing related documentation last fall. NBRC has reviewed and rejects the revised project in accordance with prior correspondence incorporated by reference and attached below. While your Board imposed Conditions of Approval that resolved two of our concerns (#108, which prohibited the proposed moored barge from blocking any portion of the navigable channel; and #138, which requires the operator to meet with NBRC to ensure no conflict with our annual regatta), the Applicant now requests your Board to remove the restriction against the barge blocking any portion of the navigable channel. After investigating the justification for the. latter, our concern for safety on the river, ongoing ability to host a regatta, and the long-term health of athletes is now greater, not smaller. I will address these in turn. Hazard to Navigation: Allowing a Barge to be Moored in the Navigable Channel We appreciate that.our request of October, 2008 to seek the opinion of the US Coast Guard and upstream barge operators. about the navigational hazard presented by a barge moored at Haystack Landing has been heeded. However, the manner by which the determination of navigational hazard was sought, from those parties makes their conclusions problematic because the record shows that the width of the navigable channel was consistently misrepresented to be wider than authorized. We therefore contend that the argument to modify your Condition of Approval to allow the Applicant to moor their barge within the navigable channel cannot be sustained. P.0. Box 192 Petaluma, CA 94953 ~ Boathouse at Foundry Wharf The Authorized Federal Navigation Channel in the Petaluma River, as verified by my personal communication on or about Dec 1, 2009 with Steve Chesser, Dredging Program Manager, US Army Corps of Engineers, San Francisco District, is 8' deep by 100' wide by 14 miles long. In contrast, Steve Padovan's staff report in the packet for this hearing states the dredged channel varies between 100' and 130' wide in this reach: "The revised plans, attached at the end of the applicant's September 15th letter under EXH-3, indicate that the barge will encroach up to 50 feet into the dredged channel, which varies in width from 100 to 130 feet in this part of the river." (PLP04-0046, December 8, 2009, at Page 11). Having been advised by the Army Corps of Engineers on this topic, we contend the dredged channel is limited in width to 100 feet. The story.presented to the US Coast Guard appears consistent with Mr. Padovan's apparently incorrect statement. Captain Gugg, Captain of the Port of San Francisco, in his letter regarding this project dated November 24, 2009 states: "Based on review of your updated proposal, it does not appear that the additional 20 foot encroachment into. the channel will create any significant navigational hazard..." The record of Applicant's meetings with the USCG indicates that an initial proposal, assuming the barge could be moored in a location recessed into the riverbank, would leave 107 ft of clearance. When it was determined by the Applicant that it was infeasible to cut a berth into the bank, i1SCG was approached a second time with a proposal that indicated 86' of clearance. This provides the basis for Captain Gugg's reference to an additional 20 foot encroachment into the channel. In both cases, however, the clearance identified was measured to a point well beyond the edge of the Corps Channel, only 50 feet away. Although the Corps Channel is clearly called out in the Applicant's submittal for this current (BOS) hearing (EXH-2 on page 9 of Exhibit B), it is delineated but not called out on either of the photomaps that were provided by the Applicant to the USCG. The two USCG letters, photomaps provided by the Applicant to the UCSG in support of these letters, and Applicant's EXH-2 are provided below as Appendix A to this letter. We contend that the Corps Channel, the only portion of the river authorized to be maintained at a depth suitable for commercial operations, is the only reference relevant for making along-term determination about the effect of a moored barge on navigation. Furthermore, inspection of Applicant's drawing labeled EXH-2 makes it clear that it will be difficult.to avoid bank erosion and damage to Mr. Yee's property by tugs as they operate when positioned at either end of the barge at its indicated moored position. To minimize the risk of damage, it may be necessary to moor the barge even further into the channel than depicted, which would further aggravate its navigational hazard. With regard to the effect of the moored barge upon upstream commercial traffic, the Applicant produced letters from Westar and Jerico stating that the moored barge will not reduce navigational safety. Westar's letter, dated 5 Oct 2009, indicates their finding is based upon a copy of "Corps Federal Channel Exhibit 14," which "...Calls out a distance of 107 feet to the opposite edge of the actual NBRC: Comments on Revised Dutra Project PLP04-046 Page 2 of 6 channel." Perhaps Westar's conclusion is based upon the same photomap provided to the USCG in February, 2009 -the one based upon a mooring location later abandoned for being infeasible. Regardless, the 107 ft clearance assumed by Westar is greater than either the 50 ft distance to the edge of the Corps Channel or the 86 ft distance called out in EX14 Navigable Channel Exhibit relied upon by the USCG in their letter of 24 Nov 2009. Therefore, Westar's conclusion regarding navigational safety is useful only for documenting that they were provided incorrect information upon which to make their finding. Westar makes further reference to two other nearby channel constraints. One is the approximate 107 ft distance from a barge moored at the Shamrock Offloading Facility to the opposite edge of the actual channel. This presents a different situation, though, as the barge moored at Shamrock is on the inside of a turn in the river, not on the outside as Dutra's barge would be. The momentum of aflat-bottom barge being turned will naturally carry it to the outside of a turn, away from anything on the inside. The other constraint mentioned is the Petaluma Railroad Bridge, with only S4 feet of clearance. That this is a tight squeeze is evident by the battering, and sometimes breakage, sustained by the timbers that guard this bridge. Jerico Products, Inc., in a letter dated November 12, 2009, also states that a barge moored at the position proposed by Dutra will not present a navigational. safety'hazard to their operations. However, this conclusion is conditioned by the requirement that "...Jerico is the exclusive Tug Boat service provider for Dutra's barges (with the sole exception of the Dutra Tug `Sarah Reed')..." Jerico indicates that it will need to "...Manage the location of Dutra's barges in relationship to other barge traffic on the river." Jerico's letter states they will have a 20-year marine services agreement with Dutra and three five-year extensions. Jerico also states that recreational boats will not be obstructed or face a navigational hazard. NBRC interprets Jerico's statement in several ways. First, Jerico stands to benefit financially , upon a vote in favor of the Applicant's proposal by your Board: they are not a disinterested party. Second, their management of Dutra's barges as suggested indicates the potential for multiple docking operations for any single barge visit. Each of these, if conducted during a time rowers are in the vicinity, will obstruct rowers, for they generally must wait for tug operations to be completed before being able to safely transit the same water. Finally, Jerico's contention that these operations ".:..Will not obstruct or present a navigational hazard for other......recreational boats..." is not one that we agree with. The extenuating. circumstances described above that pertain to the manner by which letters were obtained from USCG, Jerico, and Westar to indicate the barge moored as proposed by the Applicant will not pose a navigational hazard gives us no assurance that our needs, and those of the public, are supported. However, on December 7, 2009, we had the surprise of receiving a telephone call from LT Mausz, USCG, who serves the Captain of the Port of San Francisco as Chief, Waterways Safety Branch. She called to inquire about the safety concerns of rowers, and offered to visit Petaluma next week to gain first-hand knowledge. NBRC: Comments on. Revised Dutra Project PLP04-046 Page 3 of 6 Safety to Rowers During the .intervening period since the last hearing, our, concern for the hazards of increased barge traffic were amplified when two boats with me and other highly experienced rowers aboard were forced to the-bank of the river opposite the proposed.mooring site of the Dutra barge on a falling tide and had to.retract their oars to !avoid damaging a passing barge. Had our rowers been less experienced, or`the tug crew further constrained in this twisty, narrow reach by a barge moored as proposed by Dutra, the outcome could have been disastrous. The safety issue posed by a barge moored at the Dutra site is .more than that of just a stationery obstacle, and additional barge trips. Some of the additional problems we foresee include: 0 Extended additional tug operations, with attendant turbulence and blocking of the river (for safety, .fragile rowing shells must almost always holduntil tug crews complete their operations before proceeding). o Unlike the long straight sheet-pile-lined facility at Shamrock, Dutra's site is on a curve that cannot be easily approached by a'tug from either direction, thereby requiring more time and skill for safe maneuvering. o Jerico indicates they may have to move barges at the Dutra site to accommodate upstream. traffic. This. would entail additional blocking of the river while extra mooring operations are conducted, and it,is possible that temporarily relocated barge(s) may obstruct the river in other locations by an amount that exceeds current practice. ® Uncertain Mooring Duration: Although Dutra barges .are expected to be unloaded within four hours (USCG letter), the amount of time they may remain moored, and thereby obstruct the channel, is unlimited. ® Higher Frequency operations (more than two barges per week): During times when a continuous, high volume supply of asphalt will be needed to support large contracts. ® Generation of Boaf-wrecking debris: Mr. Yee's docks,, and possibly more, will likely be reduced. to floating debris in short order. ® Health. Impacts: Rowers, when training hard, draw large volumes of air deep into their lungs. With regard to tug operations, it is unclear if BOS Conditions #21 and 124, which describe low-emission requirements for tugs, will extend to and be enforced for tugs supplied by an entity other than Dutra. As the tiny particulates in diesel exhaust are known. to be defrimental to human health, and to lodge deep in the lungs, we appreciate and wish to ensure the Board's ow emission requirement will extend to all tugs associated' with this project. We are additionally concerned about. the significant impacts related to noise and air quality described for this project that would apply to people on the river. Lighting: the bulk of training for the collegiate crews on this river occurs in pre dawn conditions of low light, if not total darkness during winter mornings. Exterior industrial NBRC: Comments on Revised Dutra.Project PLP04-046 Page 4 of 6 lighting, if not carefully designed, can easily cause glare that prevents rowers and coxswains from .spotting boat-damaging debris the surface. of the water alongside the lit facility, and beyond, due to impaired night vision. The glare from industrial lighting would overwhelm the navigation .lights displayed by rowing shells, making them more difficult for other river traffic to see. Among the documents provided in support of the. Dec $ BOS Hearing, the only statements regarding navigational safety for non commercial. users we noticed were provided by Jerico and Christopher A. Joseph Associates. Both state there will be no problems for "recreational" users. Prior to December 7, 2009, when we received a telephone call from LT Mausz, USCG, neither they, nor anyone else, sought our opinion. Jerico at least is fully aware of the presence of rowers and goes out of their way to accommodate us. Until -one has operated a small, unstable rowing shell on a working river, though, it is difficult to comprehend the inherent safety issues. While racing shells .have been rowed on the Petaluma River since at least 1910, most non- commercial activity is outside of the rowing that provides the specific perspective for this letter. Examples of other such-.river users include many fishers, kayakers, four Hawaiian outrigger canoe clubs, miscellaneous recreational boats of all types, and-yacht clubs from all over the Bay Area that schedule weekend visits to downtown Petaluma throughout their season. Protection of NBRC's Wine Country Rowing Classic We request assurance that your Board's Condition of Approval to .protect our annual regatta will remain in effect even if tug boat service is assigned by contract to a non-Dutra operator, or if Dutra is providing- asphalt for a contract that calls for 24/7 operations. We refer to Condition # 138: "The operator shall meet. annually in advance with the North Bay Rowing Club to ensure that project related barge operations do not conflict with their annual club event." Summary NBRC urges thee, Sonoma.County Board of Supervisors to deny this project unless it is modified to effectively address ;the issues noted previously and above, to wit: ® Condition .1,08 remains unchanged such that the moored barge may not block. any part of the navigable channel; m Condition .138 applies regardless of whom supplies tug boat service, and asphalt supply requirements on the day of the regatta; ® Conditions 21 and 124 regarding low emission engines apply regardless of whom supplies tug boat service; and ® Noise and air emissions are reduced to less than significant levels for people on the river. NBRC: Comments on Revised Dutra Project PLP04-046 Page 5 of 6 Thank you for your consideration. Sincerely, ry~ ~ --.~.ri.. Tom Brown, President, North Bay Rowing Club Attachments: Appendix A: USCG Letters of Approval and Applicant-Supplied Clearance Data NBRC Letter to PRMD dated October 3, 2008 NBRC Letter to Supervisor Paul Kelley dated February 3, 2009 NBRC: Comments on Revised Dutra Project PLP04-046 Page 6 of 6 APPENDIX A iJSCG Letters of Approval and Applicant-Supplied Clearance Data First letter offered by USCG: U.S. Ut:partment of ~ Commander ~'~" ~ $erttxr San FranCiSCo tiameland Security f' f ~ t~;s: Urtrted, Stetes ~` 1;0&31: Guattl '.. ' t::S4l'ituher-~trczeh F.,n~ir:tcring Circzu~, lnc Attrt: Mr. ~Al Caz'nw'eli 4~r ! r~eroni Court. ^~~,~airt. c:~ r~a~~a~r 13c~r "~1r. C;t~rn~ecil: t Yerea Buena istan0 San FranGisrr, CA gat JG P~4ne {415) 399-7436 fax ta.5)799-7a9G 1fi61i) j 1~~ -_ r r.. w_. ! ~ _ ~" t #( j ~ ~:. . 1°Vzis is izr respcsnse: to your rei~juest of F~cbnu~;r;~ ~ ~, 2r~)0~) coneernin~ the prttptyst d trarge nfGlctad iacifity gear }laystack Landing on the1'iaaluma f2iver. It is understood that the pri~pascd facaility~ rep5laee~ a previt7ttsl4'~uee:d Irugc ctf`f--ior+d lacilit}' that was hated=apprtzriimatcly one-half ntilc upstream qf' the pm~oscii 1~aciFfv. The.new ('aciGt}° will a<cosntnudatc,Eaarges up tit ~1,(7t1~ tons, anci~apprtsxihtately 5-(} Feet wrdr: bi 2~Q, r+:~et ions. t3argts will leave the Sari lLal'ae1 R,cxk (?carry Facility ttz Point San f'cdroand tx~tc~~~~~d ti> the Playstetck l.,anding f"acilit~< «~hcre t}tc~` lvi~l h~ urilc~a.-led- I_nloadirig, operati,tns rk~ill talre a~proximatcly #`our hours c~~ith an ati~efag,e of twq barge trijas }xr week. Your prrtpusal <~t?es nEti appear to crs;ateatiy na~igatiUnttl hay<trriti sa I its+w~c no z~tt~jectinn to the facilit}' prrrvided ~~c?zi cttrttlal}~ with :rJl 1 eiler.;L Statc. anti local requircmcnts. Please rt2,xe that this drrtenninatiarz dGes nolattcsCtu the adequ.)c}~ c~t'pi~r-side depth or mo<,irintt lixtt~ares since thr~ ttccths,ar`c private-ly owned and, rnaintainc;d..7-his 1Cttcr sfiauid not tie cgnstruetl .zs a C'ttast t~iuitrd end~rsemenz t,tr recoznmcrid'ati«n of~ the>e bet~tha- lC ecru lea~,-e~tu~y questions or require 4"urthex'~ssistanz:4, pletxsu c4tntact the C.hiei~ nf° my Waters;raj+s lv1anage:)tiezrtl7i><isir!n, Licttzenartt C:r~ntmandrr Kc.4in Mrthr; directlu at (~l;j 3~9-?at7l . `~iazcerely. r"'{'~f ~ (:aptain, lJ. ~;. C.: oast i~iuard C:aptai*. of the^ £'~~rt 5an Franz~isct f::G Vessrl '! raffic ~»crvice tiara I-'razti iscc, NBRC: Appendix A (USCG Information) Page 1 of 5 Photomap supplied to USCG, indicating 107'of clearance, in support of initial request for a finding regarding a hazard to navigation: Second (current) letter from USCG concerning hazard to navigation: U.S. Department of f Homeland Security ~'"~` ~~ ~ :~' United States ~ `per Coast Guard Cnmmanciisr Uni[ed States Coast Guard SHCisst Sun FIanCISC(: (~S11s; tituhe.r-Srrr3c.h (:inineerit~~~ Group, hsc. Attrt; i~1r..Al C;t?r•m~~~ll 4.> L,c•~'~~rc.~tii (_~;otrrt '\i~r<tto. C'.1 q.~<j49 I~)ear fir: Yarpa ~aera Istend San Fr rciscc, CA 94130 Phane (415} 393_;.4x; rax° t4 +; 5} 399-748Q -(i{,10 ~ '~ ~QQ This ictt~:r is in respcrtse ts~ pour rc~~iscd rettuea r~i~Oct~~hcr (i~. 241f)'a cnnc.c.rninr~ thc• 1!t'c~,~q~e~t '~ar~_~ ~+ti="i~ari fiteifil~~ n;~ar I iayvstael: I,~mrlim, im tfte Petaliurr<~ Kircr. I~ i~ tarulcrsiur~tl tlot prul~xtsrll (ir4ilitr replaces a t~re~~irtusle~ us4d t~arue o1`I'~-Ir.riti iz~ciht~~ dart was !t>callcxl <tl~titroximatc;l~~ r~me-irtli`ntilc uhstr~strtt of thc• ltrr'rpr~;cd 1•acilitti=. ~hc~. ne~~° fxcilit~~ gill accvnnrlruiutG 1~<rr!~`4s ttp ttr ~1.t,)!?(~) ions artr:l ttg}>rc7~irttatel~~ :iO feel tia isle 1>y ~ClCl icct l~xt~. t3atrgcs ~~~il{ {La~'~. t31c 5trn (arlu~l i2ut:k (7t1<rrt~~ at. I'«int tiara Pcc(rrr uttaii bc~ tt.t~~'ec! tt~ the },jiay'stack l.,an~1i1~~ lix;ility t~'herc the}' will be urtirrrc~iccl .~nli.taiiin~ nperatirms ~ritl take apprta~iniatal~• i~aur htxu~s ~ti~iti7 .ut its c.ta~C of t~ti~t~ har~~e trips ()cr ~ti'eizk. ~ . i~iasitl ran re~~'ic~>+' of~v+aiu• erpdi~tctl_larc~pr~st;l, ii cfucs rt~~t appcarr that. the- tidditidnt~l 2O f~i:~i?t ;;rtcrcarc.hmertt irttc~ the i;heumel ~.e~il) crei3tc anv si~nilicttt~t ttet~i~tttit>n211hazard; ihereli>re. I have. nrt rahjcctiun:~ tc~ the. facilii~i~s niaoring arran~entent, providLd ~'c,Lt er»tiply ~~'ith all P~~lerttl. Sint::. anti Ir~eal regr.riremants. I'1e<tsc rntc that tltJS ~Ietei~rtinaiir~n claer: r,~?t aucst to the adet}trtcv eat• prrr,_i~l~ depth or rn(+c)rilt~, lixnires since the 1>ecths are priVttcly c»t~ned ar,d rnaiittaincti I~lti:, 1Cttt:-r shi~ttl;.l nett °ye ctanstrutxl a~ a C'na:a C:;ttar<! encftars~rncr~t ter rtc~mua~~nciatian ~~f these berths. !l~~~~ru Irati~. m>~ CiirCsii<'rits itr rcc{uirc f~ttrther "1SSistanCe, pictrsc contact ~,1GlilCn~1111 Simt~nr ~~i,-ru~r c~f~trr~~ \~~at r~ti<t~'s Str(at)'stsl'f'rt (413) aS7~1-7=343 r:~re-rnt~ii Ott siitu>nc.n~tutsr~r;ttsi;;~.rnil. Si rtcerk k)s_-_..-....7 ,r~' %`~~. ,' ~,. ~~~ I'. ~~il (~; ~,Cil, °-~'l~}tail~. tl. '~. (:e:~a4t C.iiuuil t'ai~7trurl x,i thc° f'~~n 5.u1 I'rancis,c:i~~ (.; a i?~ : ~ °C.; ! )1 I j ci pt~ i C'l`i V~I''~ NBRC.• Appendix A (USCG Information) Page 3 of 5 Photomap supplied to USCG, indicating ~86' of clearance, in support of the current finding regarding a hazard to navigation (USCG letter dated November 24, .2009): LL = ., ~~ ~~r~ ~z ~x~ ~~W -~ z t z, K@ g T ~~ 4 r - .~ `_- ~ ~ t' ~i~ Yl~~ ~; ~ ~ ~~ i I ~ >-' I LL W Q '' w ~ - ~; ~ ~ L i 7 . R ~ - ~ ~ (ff t J :ll ~. ~~-' ~J ~ ~ ~ ~ ~} 1 ~ % ~ ~ ti \ /, ter'','' ..m . - -- t r , f,, ~ ~ ~ f f ' ~ ~ i ~ '- t - ,r'' r i '~ ~ ~ i . ~, i ~ ~ ~ ~ - ` ',ter '.Ai i `~ ~- ~ _- v ,~ ~ ,~~, ~~' ~~ ~ ! ~ ~ ~ .~ ~ ~ rr ,~ ~ ' ~ ~ ~ - ~ .- ~, ~ _ I ~ -- __ NBRC: Appendix A (USCG Information) Page 4 of S EXH-2 on page 9 ofApplicant's Exhibit B (in BOS packet for 8 Dec 09 Hearing on Dutra): Note the identification of the 100' wide Corps Channel, with half of it obstructed by the downstream end of the barge. LEGEND; MLW MEAN LOW WATER -0.12lNGVD 28) ~ ~\\ MLLW MEAN LOW LOWER WATER •1.OSjNOVD 29) V~\v~J MHW MEM HIGH WATER 4.87 (NC'VD 29) MHHW MEAN HIGH HIGHER WATER 6.54.(NGVDR9) HT HIGH TIDE Graphic Scale (in feet) WO ,),;y;,ry5' WETLAND'WO'PER SHEET EJCHA 0.18 ACRE5 (CSW SECTION 401 JURISDICTIONAL WETLAND) 00 4 gp iw NOTES: ~~-~-- 1. DOLPHINS AND 18' STEEL PIER PIPES ARE ESTIMATED TO BE 50' DEEP ~ ~ _ ~ ~~ - - ~ -- I 2 TIDAL DA7A BASED OFF OF NOAA P(D# JT0770. PE7ALUMA RIVER, UPPER 1 inch = 60 ft ~ ~. _ -~. ~' , ` ,~~~ ~ ~ - "/ ~ ~- ` SHOLCENBERGER TRAIL f'"- ~..,, ~, .. -~< A ., .~ -. , _,~~0 Q2 ;, CP A --... _, ', ~_ APPROXIMATE TOP OF BANK ...... / q ,... .. Q R/IrFR "_ __ - c.~ Q- •,..-_ i - ... _ „z. O ~ -. _ ~ ~~ 'i% a - - _..:: - -.._ ~----~- - `` ~~~ / ' ., ~ ,t;\ -_ \ -~,.~ J-MATERIAL-CONVEYOR__...~ "~ -., ~ ~-•-_. FLOATING BARGE, ~; `~ .~ j ' .../ -;~, .. ~ _DOCKED.2•f~MES `- , EEK AVG'~ ~--- - w~ - -~.. ~, ~ MLw -D 12 ? PER W - - __- - - - _ ° 1S"Si-EEL PIER"PIP.E(4) ~~ -.- ~~ 2 ///~~~ .---- V ' ~ ' \~~~ , 47.0100 YR ~:~~~ TOP OF BANK ~ _ ~ ^~._ I YEE RESIDENT IF}~Y~,_ r, J ,T.o 10o YR r ~ ~ ) ~ I ~ ~~ I ~ ~ F}.ooD EL. `~ l l ~ ~ ~ ~~ l Ji- - ~ r > ~_ LI y / / ~ J / COVER 1 r ~- f i~ I J / I corfvEVOR / \ ( ' ~ I /_ I I •~.~~/YEE PROPERTY'` \ b ~ I .- _ ~_ ^ ~ yf ~ ~ PROPF~RTY ~~ ~ ~ APt'~ 019-220-00'~~/Y I \ ,1~ VEGETATED ~I ~ BO' Nb/~3Y (ARTaN PROPERTY}--! ~ \ (I I ':.~ 'r~AT"^ENT ^ ~. Rev. Date: 09-14-09 V S YV ~'S T Z Job No. 591302 C3D Scale: 1"=60' CSW/Stuber-Slroeh,Engineering Group, Inc. DUTRA HAYSTACK LANDING ASPHALT CENTER CIM a svucwnl [np»asu scKVaYVp a Mappnp I Enwpnmm:ai phrJap Lao°pbn0lnp lGSns!n~lon M.napamanllLanCSCapn Atcnltngnra JARPA EXHIBIT-BARGE SITE PLAN 45 leveroniCOUA tel: 415.883:9850 Novalo,.CA 04849 fax'. 455.883.9835 EXH 2 °'°°' SONOMA CALIFORNIA NBRC: Appendix A (USCG Information) Page S of 5 NdRTH BAY"RdwING CLUB 3 October 2008 Messrs. Steve Padovan and Steve Dee Permit and Resource Management Department County of Sonoma 2550 Ventura Ave Santa Rosa, CA 95403-2829 Via Electronic Mail Re: DUTRA HAYSTACK LANDING ASPHALT & RECYCLING FACILITY (Final EIR) Gentlemen: We appreciate the additional time provided to review and comment upon the document referred to above. The North Bay Rowing Club (NBRC) was founded in 1984 to support amateur athletics, including the development of athletes for competition in national and international events. The Petaluma River is one of the best bodies of water on the Pacific Coast for the sport of rowing. Members of both NBRC ana the Sonoma State University Rowing Club train on the Petaluma River year around, and are intimately familiar with its upper reach. The Final EIR indicates the proposed operation will require annual service by up to 125 each 4,000 ton barges with nominal dimensions 200' long by 50' wide. The FEIR further indicates that these barges will be moored against dolphins along on the riverbank at Parcel A located at positions such that the barges will remain afloat within the existing river profile. Given that Parcel A is in a narrow part of the river that is immediately upstream of a bend, we are concerned about the hazard this presents to navigation, ranging from the delicate shells operated by rowers to other tugs and their barges that transit this location. Figures 1 and 2 on the following page indicate that 200' x 50' barge, moored at the proposed location, will occupy a significant width of the river, especially at low tide. NBRC has conducted rowing races on the Petaluma River for many years. The current version, called the Wine Country Rowing Classic, is developing into a premier event on the Fall regatta calendar. It attracted. 650 athletes. last year (see appended Press Democrat article), and this year will serve competitors ranging from club rowers from Alaska to returnees from the Beijing Games. Were a barge to be moored as described in the FEIR (see Figures 1 and 2) during this event, NBRC would absolutely be forced by safety reasons to cancel the regatta, one that now requires almost a year to plan. This is because there would be insufficient width remaining in the river to safely enable racing boats to approach the finish line should one be overtaking another, let alone to allow safe passage for boats rowing downstream to the starting line. Consequently we have two requests: P.0. Box 192 Petaluma, CA 94953 ® Boathouse at Foundry Wharf Figure 1: Vicinity View i ~ ~-= Shamrock Materials 6~r~es ~~ 1 r ~i I r ~- _ ~ ~ Shollenb r,er Park `~ . ~~ Qi~?J ,u t. f \ ~`~~- E~ ~ ~~~~ ---- - Anticipated Outline of f~1oored 50' ~ ZOU' Dutra Barge ~ `~\.- ,'~~j~ - ~\~Y~. - ~~n ~ 1~_~ -~ -T_~. ~y 4 - ,mil y ~ - - '!- - 1 ~i/~ I ~- v ~. ~L'~~L '~~`-`~~~~~ ~ ~"' u.a= `=" Distance markfor Wine Country Rowing Classic Regatta ~~~ Figure 2: Detail View ~~-'- _- _'_~ Rivcr~Observation Platft~rm f Anticipated outline of Moored Barge serving Proposed Asphalt.Plant ,. \~.~ ~`\ ~` `\. `\ ~ \\ `~.~ ~,~" .- i - vr' '. ~/ ~ r t /~ ~ ~,l~, r-~ ~,il~i 'iJ Lc,,.s M r~r~yl ~..i ,~ . -- - 3[~r3...C7;_~I:~LIi1Ti]11&~---- -- -- _ - - 3':J1~1 ..`J.'~._ i~rr.Sri~_ c.uYi'tt7rr.,rlis ?.1n ttrtt~a c:~r ~,~,{: ~£)7~~~ 1. Has the mooring location been reviewed and found acceptable by the US Coast Guard and barge operators who serve upstream locations? Again, this appears to be an extraordinarily unlikely location. 2. In the event the project is approved as generally described, we request a condition of approval that barge traffic for the proposed facility, and mooring of barge(s) adjacent to Parcel A, are disallowed during the weekend the Wine Country Rowing Classic is held (generally the.first weekend in October), pursuant to Dutra receiving notice about the event schedule at least three months in advance. An eight-person rowing shell is nearly 60' long - and 23' wide with oars ~ ' ;~~' extended. These do not ~ "~' ' ~ l- ~ f turn easily, so require ~ ~,~ ` _ - ,-___ :_ room on either side for , - _ _ _ ~--~---., " , - - safety, especially when f r"`s ~'~ k,'< - -- - `i . inexperienced coxswains ~~ ~~~ 'tom ~~ ,~- , r-- - are on the helm. We - - ~ , _ _ must plan for three boats ~ ~ ,',,~~ ---_~:~ - --s , abreast at any point in ~'°~ - - - ~ ~' ~ ~ - the Wine Country Rowing r ~-"~`~~'` -- Classic. ;~~ . r.. ~ ~"~ The safety margin must - - e ; ._r - ~ ' ~ ,`~~ ~ _ be even larger for sculling I '~= ~ ~ - boats, for these are ~ -~:.,,- ,~ `•, ~ , ,;~ ~ - { steered by rowers who l._ ~ -~ - - must look over their i _ _ _ - _ _ - shoulder to see where ~ _ " `~~~- - they are going. _ _ ~-. _ ~~ __.~- - _ -- -~ -- ----- -a In addition to the potential impact upon the annual regatta (which will include competitors from the Beijing Olympics in this year's edition), there is a daily safety issue to attend to. Rowers, due to work or school commitments, and a special desire for calm water, are. most commonly on the river during low- light conditions near dawn. Their boats are fragile, haye minimal freeboard, are probably invisible on radar, and are difficult, even with their navigation lights, to see from the bridge of a tug stationed behind a barge. While rowing shells obviously give way to barges, more frequent barge traffic will increase the safety hazard. To minimize this incremental hazard, we propose an annual meeting each Fall (when new college athletes appear) between representatives of the applicant and local rowers to discuss how to minimize this safety issue while also developing and maintaining personal relationships. This is proposed as a preventive measure: rowers have great respect for professional tug crews (those aboard the tugs operated on the river by Jerico Products, Inc., are amazingly accommodating and sensitive to needs of rowers). rVf3~r(~ rbrrrrrrE:rs's ran L)r.rdra FIf{ ~cr~e :~ cf ~ NBRC supports comments raised by others who call for protecting local birds and aquatic species, and for eliminating the nuisances of noise, dust, and odor that are typically associated with such facilities. To succeed on these parameters would mirror the important energy-saving advantage provided via the proposed barge. transport, especially when the latter is amended as suggested above to support safe use of the Petaluma River and personal connection with the spectacular nature preserve through which it flows. 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L'. '.il;il ill!'. ]';i,'t' accu.~., ~-I] ;~ : i"1;i~~C+~ ;'llv'~, i CHIC i'1'.. ~~r ouf-i~'.= f J'~_t~l~~.a:i i ~l`I,r" .rl~a ~~~lh- li~~ ~;' ~ , ~_~ -.:.i;.l~l th .>~.a~ i in :~~i~r~i ).'r,' ~'. i'_ 1,, .~~Ili~ , .. ;fit ~,~:. , ~j:_~ hl.l~~le,.. 1 ~ ~_, s~.i~t. ~.~ I i ii_I1~ , t ;lT It ':.'('~~ ~ t ~~~:~:~ t, ~ l!tur~ duel-. ~).acl- ~,~~il~_ ~(,C8.111~< luiL lll~:' [ I_u;~'~~ itl Iii t.};~~ ~'t~L ~i~u~~,l'~,i r un.ln,i l~~~uu ~, ~lr~!; ~~~ l~~r~ ~~~,l,i il~~l~nl ~ I ~~,r~:r<<~ nl li-rr,~ :~.I~,r~ , ~ ri. n Nt.7RTH BAY ROWING Ct.l1B February 2, 2009 Supervisor Paul Kelley, Chair Sonoma County Board of Supervisors 575 Administration Drive, Room 100A Santa Rosa, CA 95403 Comments on the FEIR or Dutra Haystack Landing Asphalt and Recycling Facility (SCH No. 2006022107) Dear Chair Kelley and Members of the Board of Supervisors: North Bay Rowing Club (NBRC) is a local, non-profit organization promoting the sport of rowing to members of the community, which currently has about 50 active members from all over Sonoma, Marin & Napa Counties. NBRC also has an active Juniors Program for local high school athletes, and SSU Crew, with over l00 athletes, rows out of NBRC's facility at the foot of 2°`~ Street. The Masters, Juniors and SSU Programs are typically on the water every day of the week, usually in the early morning starting around 5:30 a.m. Our primary concerns with the Dutra FEIR are three-fold: 1. Safety hazards due to high volume barge traffic and docking maneuvers in a restricted location. on the Petaluma River with a berthing location for planned 50' x 200' barges that obstructs navigable river channel. The Dutra DEIR is inaccurate in the site plan presentation of the barge docking view because it does not show the entire river, bank to bank. Figure III-17 Detail Plan of the DEIR does clearly indicate the location of the mooring dolphins are on the edge of the dredged river channel, which would actually place a berthed barge within a navigable waterway. It is apparent when both banks of the River are viewed that a 50'x 200' barge, docked as shown, would actually be obstructing approximately half the navigable portion of the river, as is evident when the barge is superimposed to scale on a picture of the.river. An extremely hazardous situation would be created for other river users in the event normal barge traffic was attempting to pass a docked barge at this location. There would be no safety margin or escape route for other boats, especially man-powered. 2. Right-of--way conflicts with the Wine Country Rowing Classic (WCRC) Regatta; our primary fund raising activity that attracts over 600 participants annually generally held on the 1 S` Sunday in October; P.O. Box 192 Petaluma, CA 94953 ® Boathouse at Foundry Wharf The Wine Country Rowing Classic would. not meet USRA safety guidelines in the event regular barge traffic was to take place during the Regatta. A berthed barge at the proposed Dutra facility would be an obstruction and create a blind corner for rowing shells traveling down-river to the start line and rowing shells racing up-river to the finish line. 3. Air pollution caused by asphalt manufacturing and~trucks that releases hydrocarbons and particulates that are known carcinogens, as well as dust from recycling operations. Air pollution .from the Proposed Dutra Asphalt Plant, as .delineated in the letter of.February 2, 2009 from the City of Petaluma City Council to the Sonoma County Board of Supervisors, would be a serious health hazard to all Petaluma River users and inhabitants. The dangers of inhaling Polycyclic Aromatic Hydrocarbons (PAHs), diesel fumes, and particulates deep into the lungs are. well documented. Athletes training and racing in the vicinity would be especially at risk from these emissions at the proposed Dutra Asphalt Plant. This would be particularly hazardous to young athletes, such as high school age members of our Juniors Rowing Program and Sonoma State University Rowing Club, who are more vulnerable to these toxins. In summary, NBRC recognizes and supports the designation of the Petaluma River as a working river. However, we reject the proposal that this plant, which does not represent state-of--the-art technology, is a benefitto our County. For all the reasons stated above, NBRC urges the~Board of Supervisors to deny this proposal in its current. form. Should our request for denial be rejected, we request the Board to incorporate ip total the following comments, in addition to those from the above-referenced letter from the Petaluma City Council, into the final project mitigations and conditions of approval: Have the Coast Guard make a determination of the feasibility of the dock facility in the DEIR as it relates to river navigation, and get feedback from tugboat captains about their ability to safely dock barges at, and pilot other cargoes past, the proposed facility prior to acceptance of Dutra's application. Require an agreement in writing that no barge will be berthed at the asphalt plant, and all barge traffic will be barred for the duration of the Regatta. Thank you for your attention to this request. Sincerely, Tom Brown, President North Bay. Rowirig Club Page 2 of 2