Comments from the public re: this "Kayak Plan"
Ms. Lily Toy,
Senior Planner
Development Services Department
City of Redding Planning Division
Subject: Mitigated Negative Declaration Use permit Application UP-2016-00392
Henderson -Parkview Open Space Restoration Trail & Kayak Access Project. (Project)
Transmittal of Comments # 1
Statement as to Form, Adequacy, Consistency with Federal, State, and Local Law, Statutes and Ordinances.
CEQA requires that all laws, statutes and ordinances be followed and narrowly
interpreted for project approval. CEQA requires that projects by local agencies are to be
treated with the same level of scrutiny as those of the private Sector.
The project descriptions are incomplete, omit significant impacts, fail to follow legal
requirements of CEQA, and is inconsistent with included project plans and/or supporting
documents. An EIR must be submitted to Funding Agency before allocation can be
made or utilized This Mitigated Negative Declaration remains substantially inadequate, and is vulnerable to litigation. Project documents do not reflect the whole record, as the applicant’s funding/grant Request Form is omitted. Project descriptions do not include an accurate statement of Need or Purpose.
.
The Project Description:
As many as four distinct project sites, each with separate and unique values and
environmental types/concerns are combined in such a manner that mitigation measures
or goals are not distinguishable.. This document generalizes and combines mitigation measures for impacts to plant communities that are unique to the requirements of one area, such as soil, aspect, or watering, as though the measures were appropriate for all. Documentation should clearly describe where impacts may occur and which mitigation measures may be attributed to that area.
Project drawings indicate the construction of a “Bioswale”. Details of a bioswale are not included. The location of the bioswale as shown would be constructed on the wrong (uphill) side of the proposed construction. Further, the road surface is called out to be of crushed granite (pervious) materials so that additional surface water filtration, even if
constructed downhill would be unnecessary. Project Documents should explain why a bioswale would be constructed here.
A bioswale constructed in the area shown would cause significant adverse impacts to the Mature Cottonwood Riparian Forest. Impacts to root structures or crowns must be avoided. The project drawings omit essential dimensions which would be required to
consider impacts to the Riparian Forest or individual Mature Cottonwoods. Careful pre-construction planning must be provided prior to approval of a use permit here. In the absence of engineered details, impacts that require mitigations, cannot be determined--by responsible agencies or the public.
City of Redding’s adopted tree ordinance demonstrates the community’s interest in preserving all trees growing on City Land that is accessible to the public.The project documents do not even go so far as to suggest Best Management Practices for construction in the vicinity of trees. Cut and Fill operations for access roads and parking would disturb roots of canopy trees and must not be attempted here. BMP’s
for avoiding injury to trees require drip-line plus ten feet avoidance area for mature trees.
Drawings denote the Construction of a concrete curb or wall. No details are offered. As shown in that location, a concrete wall with walk-through opening may cause adverse impacts upon public amenities such as; parking, roads and trails by channelizing flood waters during certain high water events.
Footings required for a concrete wall may extend below the Ordinary High Water Mark. Special permits are required for this construction and mitigation measures must be described for impacts to water quality and listed species of fisheries.
Project descriptions do not provide solutions to maintaining marking or striping for delineated parking spaces on gravel surfaces, nor to maintenance requirements for non-compacted fill for roads and parking within the floodway.
Project descriptions call for roads and parking to be constructed using hand labor only but do not indicate depth of cuts and fills, do not describe how compaction would be accomplished as required, and do not include the degree of incline or percentages of, slopes/grades. In the absence of these simple details, feasibility of using hand tools is questionable.
Surrounding Land Use, Specific Plan, and FEMA Restrictions:
City describes boundaries of one component, the Public Access and Kayak Launch,
occurring along the east bank of the river south of Cypress St. Bridge.
This component is described as 7.53 acres in size and as inundated by the FEMA
100 year Floodplain. Encroachment into the 100 year floodplain requires special
Provisions and Prohibitions.
Project elements occur within the City of Redding Riverfront Specific Plan which
requires a 75-150 foot buffer-zone measured from the drip line of Riparian Habitat
Mature trees. No mitigation measures for these impacts have been addressed.
Erosion control methods must be provided not only during construction, but for post
construction use and activities as well. Plan documents must show how uncompacted
soils and/or gravel access road and trails would impact the aesthetics of the riparian
forest area. Road and trail washouts when subjected to high water would cause
sedimentation or infilling of adjacent side channels and ponds. Mitigation measures must be called out. Mitigation measures for discharge must also be implemented for all existing bodies of water e.g. ponds and side channels.
.
Substantial changes to the proposed road and parking have occurred as a result of
recent flood events since the initial application for funding. Current project documents
must show cut-and-fill transects that have been affected by these erosive events, and
how construction methods (hand tools with CCC labor) might not be feasible now.
Compaction of fill, road base, and surface cap must support minimum 75,000 lbs for fire
apparatus and other emergency vehicles. Documents must show where and how these
minimum standards will be met.
Project documents must explain how these gravel roads and parking places can be
expected to resist the damaging effects and sustainability of surfaces, signage and parking space striping resulting from ordinary use as well as of flood waters.
This area is marked on project drawings “ Invasive Species Removal”. Extensive work
of invasive species removal have already been completed with volunteerism, private
funding, or other grants. No other woody vegetation may be removed from within the
floodplain. Vegetation removal of invasive species may not be allowed as US
Reclamation Board requires an Encroachment Permit which may include prohibitions.
This Project must acquire a 1602 agreement to remove any of the willows growing at
stream bank.
Project drawings show a significant portion of the proposed project to exist on
neighboring land areas. Project documents fail to show an encroachment permit
for work or easement on State Lands.
The Riverfront Specific Plan, as adopted by City of Redding City Council, includes this
land area. As a requirement for approval, for any development in the Plan area, a
buffer zone of 75 feet-150 feet measured from the drip line of any tree must not be disturbed.
This area, and adjacent parcels, have also been Designated as Critical Habitat by the National Marine Fisheries and Wildlife Service. Permits are required from NMFWS.
Critical Habitat, as described, extends from the existing water line to the extent of the 100 year floodplain and the ecosystem within this area is to be protected from all impacts to that environment---not just the fisheries alone. When a conflict between
Floodplain lines exists, the physically observed line controls.
U.S Fish and Wildlife Service, (USFWS) requires encroachment permits for any
activity which may cause significant modification. No additional removal of woody
Vegetation would be permitted whether the vegetation is considered non-native,
invasive, or otherwise.
Injury to canopy trees caused by compaction of the soils under the drip-line might not be
discovered until a great deal of time has passed. Any encroachment into this riparian hardwood forest, must include a Mitigation Monitoring Plan as well as set-aside funding as insurance that replacement can be accomplished.
Feasible Alternatives: Kayak Access
The Initial Study in support of the Use Permit application must describe a range of
reasonable alternatives to the project, or to the location of the project, which would
feasibly attain most of the basic objectives of the project but would avoid or substantially
lessen any of the significant effects of the project, and evaluate the comparative merits
of the alternatives.
This Project must not be approved as submitted if feasible alternatives or mitigation measures are able to substantially lessen the significant environmental effects of the project. Obtaining permits typically requires the lead agency to implement the Least Environmentally Damaging Practicable Alternative (LEDPA) to comply with federal, state, and local environmental laws.
Proposed project drawings delineate the location of an Alternate Launch Site. Fair Argument can be made that the Alternate site has a superior beach area with more gently sloping access, broader area to accommodate simultaneous group use, and is not associated with hazardous river conditions as does the proposed site.
Utilizing The Alternate Launch Site would not require encroachment into, or disturbance of, the Riparian Cottonwood Forest.
Other Agency Approvals or Permits:
If fill material is placed, or would be discharged through grading, excavation, or dredging below the plane of the OHWM of the stream. Excavation for concrete footings below OHWM.
Section 404 permit
If a Section 404 Permit is required
Section 401 Water Quality Certification *
(RWQCB
If alteration or modification of the bed, bank, or channel of a stream will occur, including excavation and grading work and removal of existing riparian vegetation
Section 1602 Streambed Alteration Agreement *
If work will be done within a designated floodway
Reclamation Board Encroachment Permit *
If work is proposed within 2.5 miles of
Observed eagle nest sites, a special permit
May be required.
Obtaining these permits typically requires the lead agency to implement the Least Environmentally Damaging Practicable Alternative (LEDPA) to comply with federal, state, and local environmental laws.
50 CFR 22
Graph shows recent discharges from Keswick reservoir at sustained 100 Yr. Flood level of 79,000 cfs.
Public Health and Safety:
The Sacramento River in the Redding area is known to be cold, swift, and with natural
hazards. The City of Redding is proposing to build public access roads for vehicles
and trailers to a small backwater location along the river bank. The river immediately
outside of this quiet spot is affected by strong river currents that have been diverted
by natural cobble deposits in a direction back toward the river bank and the
vegetation occurring there. Individuals attempting to utilize this small “bay”, to launch
non-motorized watercraft will necessarily be required to overcome the shore-bound
current or risk being swept into the overhanging vegetation causing overturning or
puncture to inflated watercraft.
Members of the public that have not had adequate training, or that are not properly
equipped, are unnecessarily exposed to hazardous conditions. While the river
does not impose impacts upon the project, the project does impose impacts in a
way which exacerbates the inherent risks and becomes an Attractive Nuisance.
The project Documents fail to demonstrate the efficacy of access and egress for
emergency vehicles. Road base must be constructed as to support the weight of
fire trucks (75000 lbs)., tow trucks, and other heavy emergency vehicles. Documents
must show scale drawings detailing turn radius and grades that might impede
emergency vehicles. (50’ inside radius….<16% grade).
An alternate site is readily available which would substantially reduce risks to public
safety, substantially lessen potential significant impacts to the riparian forest
ecosystem, improve the aesthetic and scenic values and diminish most of the
responsible agencies concerns.
Senior Planner
Development Services Department
City of Redding Planning Division
- 777 Cypress Ave.
Subject: Mitigated Negative Declaration Use permit Application UP-2016-00392
Henderson -Parkview Open Space Restoration Trail & Kayak Access Project. (Project)
Transmittal of Comments # 1
Statement as to Form, Adequacy, Consistency with Federal, State, and Local Law, Statutes and Ordinances.
CEQA requires that all laws, statutes and ordinances be followed and narrowly
interpreted for project approval. CEQA requires that projects by local agencies are to be
treated with the same level of scrutiny as those of the private Sector.
The project descriptions are incomplete, omit significant impacts, fail to follow legal
requirements of CEQA, and is inconsistent with included project plans and/or supporting
documents. An EIR must be submitted to Funding Agency before allocation can be
made or utilized This Mitigated Negative Declaration remains substantially inadequate, and is vulnerable to litigation. Project documents do not reflect the whole record, as the applicant’s funding/grant Request Form is omitted. Project descriptions do not include an accurate statement of Need or Purpose.
.
The Project Description:
As many as four distinct project sites, each with separate and unique values and
environmental types/concerns are combined in such a manner that mitigation measures
or goals are not distinguishable.. This document generalizes and combines mitigation measures for impacts to plant communities that are unique to the requirements of one area, such as soil, aspect, or watering, as though the measures were appropriate for all. Documentation should clearly describe where impacts may occur and which mitigation measures may be attributed to that area.
Project drawings indicate the construction of a “Bioswale”. Details of a bioswale are not included. The location of the bioswale as shown would be constructed on the wrong (uphill) side of the proposed construction. Further, the road surface is called out to be of crushed granite (pervious) materials so that additional surface water filtration, even if
constructed downhill would be unnecessary. Project Documents should explain why a bioswale would be constructed here.
A bioswale constructed in the area shown would cause significant adverse impacts to the Mature Cottonwood Riparian Forest. Impacts to root structures or crowns must be avoided. The project drawings omit essential dimensions which would be required to
consider impacts to the Riparian Forest or individual Mature Cottonwoods. Careful pre-construction planning must be provided prior to approval of a use permit here. In the absence of engineered details, impacts that require mitigations, cannot be determined--by responsible agencies or the public.
City of Redding’s adopted tree ordinance demonstrates the community’s interest in preserving all trees growing on City Land that is accessible to the public.The project documents do not even go so far as to suggest Best Management Practices for construction in the vicinity of trees. Cut and Fill operations for access roads and parking would disturb roots of canopy trees and must not be attempted here. BMP’s
for avoiding injury to trees require drip-line plus ten feet avoidance area for mature trees.
Drawings denote the Construction of a concrete curb or wall. No details are offered. As shown in that location, a concrete wall with walk-through opening may cause adverse impacts upon public amenities such as; parking, roads and trails by channelizing flood waters during certain high water events.
Footings required for a concrete wall may extend below the Ordinary High Water Mark. Special permits are required for this construction and mitigation measures must be described for impacts to water quality and listed species of fisheries.
Project descriptions do not provide solutions to maintaining marking or striping for delineated parking spaces on gravel surfaces, nor to maintenance requirements for non-compacted fill for roads and parking within the floodway.
Project descriptions call for roads and parking to be constructed using hand labor only but do not indicate depth of cuts and fills, do not describe how compaction would be accomplished as required, and do not include the degree of incline or percentages of, slopes/grades. In the absence of these simple details, feasibility of using hand tools is questionable.
Surrounding Land Use, Specific Plan, and FEMA Restrictions:
City describes boundaries of one component, the Public Access and Kayak Launch,
occurring along the east bank of the river south of Cypress St. Bridge.
This component is described as 7.53 acres in size and as inundated by the FEMA
100 year Floodplain. Encroachment into the 100 year floodplain requires special
Provisions and Prohibitions.
Project elements occur within the City of Redding Riverfront Specific Plan which
requires a 75-150 foot buffer-zone measured from the drip line of Riparian Habitat
Mature trees. No mitigation measures for these impacts have been addressed.
Erosion control methods must be provided not only during construction, but for post
construction use and activities as well. Plan documents must show how uncompacted
soils and/or gravel access road and trails would impact the aesthetics of the riparian
forest area. Road and trail washouts when subjected to high water would cause
sedimentation or infilling of adjacent side channels and ponds. Mitigation measures must be called out. Mitigation measures for discharge must also be implemented for all existing bodies of water e.g. ponds and side channels.
.
Substantial changes to the proposed road and parking have occurred as a result of
recent flood events since the initial application for funding. Current project documents
must show cut-and-fill transects that have been affected by these erosive events, and
how construction methods (hand tools with CCC labor) might not be feasible now.
Compaction of fill, road base, and surface cap must support minimum 75,000 lbs for fire
apparatus and other emergency vehicles. Documents must show where and how these
minimum standards will be met.
Project documents must explain how these gravel roads and parking places can be
expected to resist the damaging effects and sustainability of surfaces, signage and parking space striping resulting from ordinary use as well as of flood waters.
This area is marked on project drawings “ Invasive Species Removal”. Extensive work
of invasive species removal have already been completed with volunteerism, private
funding, or other grants. No other woody vegetation may be removed from within the
floodplain. Vegetation removal of invasive species may not be allowed as US
Reclamation Board requires an Encroachment Permit which may include prohibitions.
This Project must acquire a 1602 agreement to remove any of the willows growing at
stream bank.
Project drawings show a significant portion of the proposed project to exist on
neighboring land areas. Project documents fail to show an encroachment permit
for work or easement on State Lands.
The Riverfront Specific Plan, as adopted by City of Redding City Council, includes this
land area. As a requirement for approval, for any development in the Plan area, a
buffer zone of 75 feet-150 feet measured from the drip line of any tree must not be disturbed.
This area, and adjacent parcels, have also been Designated as Critical Habitat by the National Marine Fisheries and Wildlife Service. Permits are required from NMFWS.
Critical Habitat, as described, extends from the existing water line to the extent of the 100 year floodplain and the ecosystem within this area is to be protected from all impacts to that environment---not just the fisheries alone. When a conflict between
Floodplain lines exists, the physically observed line controls.
U.S Fish and Wildlife Service, (USFWS) requires encroachment permits for any
activity which may cause significant modification. No additional removal of woody
Vegetation would be permitted whether the vegetation is considered non-native,
invasive, or otherwise.
Injury to canopy trees caused by compaction of the soils under the drip-line might not be
discovered until a great deal of time has passed. Any encroachment into this riparian hardwood forest, must include a Mitigation Monitoring Plan as well as set-aside funding as insurance that replacement can be accomplished.
Feasible Alternatives: Kayak Access
The Initial Study in support of the Use Permit application must describe a range of
reasonable alternatives to the project, or to the location of the project, which would
feasibly attain most of the basic objectives of the project but would avoid or substantially
lessen any of the significant effects of the project, and evaluate the comparative merits
of the alternatives.
This Project must not be approved as submitted if feasible alternatives or mitigation measures are able to substantially lessen the significant environmental effects of the project. Obtaining permits typically requires the lead agency to implement the Least Environmentally Damaging Practicable Alternative (LEDPA) to comply with federal, state, and local environmental laws.
Proposed project drawings delineate the location of an Alternate Launch Site. Fair Argument can be made that the Alternate site has a superior beach area with more gently sloping access, broader area to accommodate simultaneous group use, and is not associated with hazardous river conditions as does the proposed site.
Utilizing The Alternate Launch Site would not require encroachment into, or disturbance of, the Riparian Cottonwood Forest.
Other Agency Approvals or Permits:
If fill material is placed, or would be discharged through grading, excavation, or dredging below the plane of the OHWM of the stream. Excavation for concrete footings below OHWM.
Section 404 permit
If a Section 404 Permit is required
Section 401 Water Quality Certification *
(RWQCB
If alteration or modification of the bed, bank, or channel of a stream will occur, including excavation and grading work and removal of existing riparian vegetation
Section 1602 Streambed Alteration Agreement *
If work will be done within a designated floodway
Reclamation Board Encroachment Permit *
If work is proposed within 2.5 miles of
Observed eagle nest sites, a special permit
May be required.
Obtaining these permits typically requires the lead agency to implement the Least Environmentally Damaging Practicable Alternative (LEDPA) to comply with federal, state, and local environmental laws.
50 CFR 22
Graph shows recent discharges from Keswick reservoir at sustained 100 Yr. Flood level of 79,000 cfs.
Public Health and Safety:
The Sacramento River in the Redding area is known to be cold, swift, and with natural
hazards. The City of Redding is proposing to build public access roads for vehicles
and trailers to a small backwater location along the river bank. The river immediately
outside of this quiet spot is affected by strong river currents that have been diverted
by natural cobble deposits in a direction back toward the river bank and the
vegetation occurring there. Individuals attempting to utilize this small “bay”, to launch
non-motorized watercraft will necessarily be required to overcome the shore-bound
current or risk being swept into the overhanging vegetation causing overturning or
puncture to inflated watercraft.
Members of the public that have not had adequate training, or that are not properly
equipped, are unnecessarily exposed to hazardous conditions. While the river
does not impose impacts upon the project, the project does impose impacts in a
way which exacerbates the inherent risks and becomes an Attractive Nuisance.
The project Documents fail to demonstrate the efficacy of access and egress for
emergency vehicles. Road base must be constructed as to support the weight of
fire trucks (75000 lbs)., tow trucks, and other heavy emergency vehicles. Documents
must show scale drawings detailing turn radius and grades that might impede
emergency vehicles. (50’ inside radius….<16% grade).
An alternate site is readily available which would substantially reduce risks to public
safety, substantially lessen potential significant impacts to the riparian forest
ecosystem, improve the aesthetic and scenic values and diminish most of the
responsible agencies concerns.