March 7, 2024 Commission Meeting (Cancelled)

De Minimis Determination for the MOTCO Large Object Relocation Project
No. C2024.001.00

Within the Coastal Zone in subtidal waters near the Military Ocean Terminal Concord (MOTCO)

MOTCO submitted a memorandum describing a proposed project to relocate 25 submerged objects from a subtidal area that is planned for dredging to a different subtidal area at MOTCO that would be out of the path of boat traffic and strong currents. MOTCO identified the objects using sonar and believe them to be pieces of ships sunk during the 1944 Port Chicago Disaster, therefore the objects are historical artifacts, and are protected by the Sunken Military Craft Act. The Memorandum concluded that the activity would not result in significant direct or indirect coastal effects, and therefore qualifies as a de minimis activity under the Coastal Zone Management Act (CZMA). The CZMA requires that the state agencies review the de minimis activity proposed by the Federal agency, and either concur with, or object to the de minimis determination. If the State agency concurs with the Federal agency, the activity will be excluded from further State agency review. If the State agency objects to the de minimis finding, the Federal agency must provide the State agency with a negative determination or a consistency determination.

After review of MOTCO’s Memorandum and de minimis finding, BCDC staff have found that the Memorandum was not sufficient to reasonably find that the activity would not have any direct or indirect coastal effects, and thus BCDC staff do not concur with MOTCO’s de minimis finding for the following reasons:

1. The large objects are known by MOTCO to include pieces of ships that were used for munition transportation, and one of the ships is known to have been heavily loaded with munitions when it sank. MOTCO has stated that there is no definitive way to determine in advance if the debris still contains fuel or hazardous materials. Therefore, it is likely that the relocation of these objects may result in the disturbance and release into the water of munitions and potentially hazardous materials.
2. MOTCO stated that the objects would be relocated, but have not specified methods for the relocation beyond the requirement for the objects to remain submerged during the operation. Without a relocation plan, BCDC cannot concur that the activity will not have significant coastal effects.
3. MOTCO propose requiring the contractor to develop and implement a Water Quality Monitoring Plan for the project. Until the Plan is created and submitted, BCDC staff cannot concur that the Plan will be sufficient to avoid direct and indirect coastal effects. 
4. As evidence that the activity would not have significant adverse effects on water quality, MOTCO submitted to BCDC the “Notice of Applicability of the Wharf Maintenance Dredging Project – Large Object Relocations Project under the State Water Resources Control Board’s Water Quality Certification for U.S. Army Corps of Engineers Nationwide Permits (Order No. WQ 2021-0048-DWQ), Contra Costa County” issued by the San Francisco Regional Water Quality Control Board (RWQCB) on November 9, 2023. This Water Quality Certification was issued for a previous plan for the activity, which involved the relocation of only four objects. The RWQCB has informed MOTCO and BCDC that the issued Water Quality Certification must be amended for this activity. Therefore, the project described to BCDC has not yet been evaluated for applicability under the Nationwide Permit.

BCDC staff requests MOTCO review the proposed Federal agency activity in order to develop a negative determination or a consistency determination which indicates whether the activity will be undertaken in a manner consistent to the maximum extent practicable with the enforceable policies of BCDC’s approved coastal management programs.
Rowan Yelton; 415/352-3613 or rowan.yelton@bcdc.ca.gov

BCDC Permit Application No. M2023.002.00

Within the Commission’s Bay and 100-foot shoreline band jurisdictions, at the foot of Main Street in the City of Sausalito, Marin County, and at the Sausalito-Marin City Sanitary District Wastewater Treatment Plant, at 1 East Road in unincorporated Marin County.

Rehabilitate an existing force main along approximately 2,200 feet of shoreline by inserting approximately 2,180 linear feet of slip-lining from a liner entry pit at Main Street to a receiving pit at the treatment plant, with the potential need to access an intermediate wye near 38 Alexander Avenue, and install additional infrastructure at the Main Street pump station, involving the following:

1. At Main Street
1. Main Street Terminus
1. Construction staging at the terminus of Main Street for approximately four months, ensuring public access to the beach at all times.
2. Excavate an approximately 50-foot-long and 4-to-6-foot-wide area at the terminus of Main Street to a depth of up to approximately 14 feet and install new underground valves and piping below Main Street to connect the pump station to the rehabilitated force main.
3. Relocate the existing public bench as needed consistent with the approved public access plan for the neighboring Valhalla project as authorized by BCDC Permit No. M2015.019.02.
2. Main Street Beach
1. Remove existing riprap at excavation area, then, following completion of the rehabilitation project, replace the riprap with the delayed Phase 2 public access improvements required by BCDC Permit No. M2015.019.02.
2. Excavate liner entry pit on beach of approximately 35 feet in length, 6 feet in width, and 6 feet in depth.
3. Clean force main by using a jetter to pull debris toward the wye at the liner entry pit and capture debris in a vacuum truck to be removed and disposed of outside of the Commission’s jurisdiction.
4. Backfill excavation area with native beach sand.
2. At the Wastewater Treatment Plant
1. Remove existing riprap at excavation area, and replace riprap when project is complete to restore site to pre-existing conditions.
2. Excavate a liner receiving pit on beach approximately 55 feet long, 4 feet wide, and 1 foot deep.
3. Clean force main by using a jetter to pull debris toward the wye at the liner receiving pit and capture debris in a vacuum truck to be removed and disposed of outside of the Commission’s jurisdiction.
4. Remove portion of existing force main and install approximately 35 linear feet of new 16-inch force main to connect the rehabilitated force main to the Treatment Plant, involving trenching along the beach.
3. Location near 38 Alexander Avenue
1. In the event the liner becomes stuck between Main Street and the treatment plant, access the wyes from the surface to facilitate movement of the liner.

Recommend Approval with Conditions. Katharine Pan; 415/352-3650 or katharine.pan@bcdc.ca.gov

Emergency Permit No. E2023.007.00

In the Commission’s Certain Waterway jurisdiction at the Lakeville-Ignacio IG01/004 Electrical Tower (38.121742, -122.507470) situated in tidal marsh east of the Petaluma River in unincorporated Sonoma County.

Conduct emergency repairs of a steel lattice electrical tower by repairing and raising the tower foundations and installing cathodic protection. The project resulted in the temporary disturbance of tidal marsh, for which the permittee is required to restore to the pre-construction condition within three years and submit annual monitoring reports to ensure the success of the restoration.

Rowan Yelton [415/352-3613 or rowan.yelton@bcdc.ca.gov]