The City of Alameda announced on February 22 that it will be preparing an environmental impact report (EIR) on the Department of Veterans Affairs (VA) project for a health clinic and columbarium cemetery at Alameda Point. The VA completed its environmental review for the project in 2013. The deadline for commenting on what the city should evaluate is March 22.
The belated environmental review was triggered by California regulations requiring a state EIR in order for the Regional Water Quality Control Board to approve the VA’s wetland mitigation plan.
An EIR is also required for City of Alameda approvals. “Although construction of federal facilities by federal agencies is typically exempt from local land use regulations and review,” said city planner Andrew Thomas, “in this case, the VA plans to construct an access utility/road on approximately 6-acres of city land to the east of the VA Transfer Parcel and two new storm drains across city-owned land to the north of the VA property, which will require approval of easements from the city, which are discretionary actions subject to CEQA [California Environmental Quality Act].”
Revisiting the project’s environmental impacts six years after the VA completed its review presents an opportunity to evaluate the potential environmental benefits of locating the medical clinic and benefits offices in the business “Enterprise District” rather than in the open space on the former airfield. Continue reading “Unexpected Environmental Review of VA Project”
The Department of Veterans Affairs (VA) has still not received its 2016 budget allocation of $70 million to build new facilities at Alameda Point, nine months after the federal budget was signed into law on December 18, 2015. Efforts in the House and Senate to authorize getting the VA’s money released were hindered in July when Senate Republicans attached a bill to fund stopping the spread of the mosquito-borne Zika virus to the VA construction bill.
The Zika bill included restrictions that do not allow the use of Zika funds at Planned Parenthood clinics and a waiver on following Environmental Protection Agency (EPA) guidelines for pesticide spraying to kill mosquitoes. Senate Democrats prevented passage of the Zika/VA bill by voting against it, due to the Planned Parenthood and EPA clauses. Both parties are pointing fingers.
Alameda Point is on the cusp of a new era in civilian reuse. Plans for construction of residential neighborhoods and commercial space are taking form, alongside growing productive reuse of aircraft hangars. The U.S. Department of Veterans Affairs (VA) is poised to begin the first phase of their $240 million clinic and columbarium project. In addition, the Water Emergency Transportation Authority (WETA) is studying plans for accommodating their increasing ferry ridership.
The Seaplane Lagoon’s north side will be looking like its old self in a few months. The Navy has begun dismantling the waterproof concrete-walled containment system that was used for three years for dewatering and testing of soil dredged from the Seaplane Lagoon, marking a major cleanup milestone. Prior to that dredging work, much of the lagoon’s north frontage served as a staging area for replacement of storm drain lines contaminated with radium-226.
Construction of a new and improved soil cover over a waste disposal site concluded this spring, marking another milestone. The 110-acre site on the southwest corner of Alameda Point took 10 years of haggling about potential environmental impacts before a cleanup plan was adopted in 2010. Work began in early 2013. The dome-shaped soil cover required 500,000 cubic yards of barged-in soil to complete.
At the far northwestern corner of the Point, work is about to begin on another long studied and analyzed waste disposal site. In a few months, the Navy will be installing an interlocking steel retaining wall along 200 yards of the Bay shoreline to contain contaminated burned waste material that was bulldozed into the Bay more than a half century ago. Water dye tests showed no toxics are leaching into the Bay, but members of the Restoration Advisory Board (RAB) questioned whether the barrier would withstand a catastrophic earthquake. Partially covered by runway pavement, the entire 30-acre site will receive a three-foot soil cover. The work is expected to be completed in 2015. The area will be available for passive recreational use such as hiking trails when the city receives the land.
One of the longest-running and most problematic cleanup sites is at the old Naval Air Rework Facility (NARF), also known as Building 5, covering nearly one million square feet. Radium paint used for aircraft dial painting, and chemicals associated with engine repair work led to contamination that is still being remediated. The entire floor area will be scanned again for radiation in 2015, following up on at least three prior scanning surveys of walls, ceilings, pipes, and ducts. The year 2015 will also see the Navy returning to the site for a final round of groundwater cleanup treatments targeting contamination remaining after an intensive cleanup effort a decade ago.
Next door to the Bladium Sports Club on West Tower Avenue, another previously treated groundwater cleanup site will be treated again. Workers have already begun boring holes in the pavement for a network of hoses that will be used for introducing contaminant-eating bacteria into groundwater along with a bacteria food source.
On Saturday, July 12, the Navy’s annual cleanup site tour visited four of the cleanup areas. The most impressive stop was the 110-acre landfill site mentioned above. For the first time in over 15 years, members of the public were allowed to walk around and enjoy the magnificent views from the embankment that is closer to San Francisco than to city hall. The fencing is all gone, and with it the radiological warning signs. The Navy replaced an aging metal culvert that connects the site’s North Pond to San Francisco Bay with a concrete culvert.
Tour participants were able to see the area’s expanded wetland with a new tiny island. Caspian Terns started nesting on the island a few months ago, another type of milestone. “The last time Caspian Terns were seen in that area nesting was in 1999 when only one nest was detected,” said Alameda wildlife biologist and Alameda Point bird surveyor Leora Feeney. The 79-acre soil cover on the landfill will be seeded with flowering native grasses later this year. The vegetation mix was chosen by the RAB.
According to the Navy’s environmental cleanup coordinator, Derek Robinson, $513 million has been appropriated to date for Alameda Point cleanup, although some of it remains to be spent on upcoming work. His office, the Base Realignment and Closure Program, estimates another $80 million will be needed by the time remaining projects and follow-up monitoring are completed.
Later this year, the Navy is expected to transfer to the city the 33-acre North Housing site and seven-acre former Island High School site that sit next to Alameda Landing and Estuary Park, marking another milestone on the long and winding cleanup road to civilian use.
Update notes: Subsequent criticism of the Navy as to the necessity of a security fence by members of the public and regulatory agencies led to the removal of the security fence from the final work plan design. The Navy also agreed to shorten the soil gas vents to two feet, since only trace amounts of methane gas are now emitted from the landfill waste, most of which is industrial and did not produce methane in the first place. Additionally, the Navy agreed to examine the aging metal culvert that connects the North Pond of the West Wetland to San Francisco Bay. The culvert provides the water lifeline for the North Pond habitat and was at risk of collapse and being stopped up with debris. The Navy replaced the metal culvert with a concrete culvert (see photo above) and debris screen.
The San Francisco Bay Conservation and Development Commission (BCDC) gave its approval for the shoreline access provisions of the Veterans Affairs’ (VA) project at Alameda Point at its January 16, 2014 meeting. The VA submitted plans that include a public road with sidewalk and bike lane leading to the western shoreline, a one-acre parking and observation area at the shoreline, restrooms, drinking fountains, long term maintenance, and a shoreline easement for the city to construct the Bay Trail. The VA’s plan reflects collaboration with BCDC staff and the City of Alameda.
Some of the BCDC commissioners were concerned about the size of the undeveloped buffer area for the California Least Terns that nest on the former airfield, and the lack of public access on the proposed Bay Trail from April 1 to mid-August while the terns are present. Other commissioners were concerned that the VA and the Army Corps of Engineers had not finalized a plan to mitigate wetlands that the VA project will cover up.
The following excerpts from the 18,000-word meeting minutes for this agenda item offer insight into the long and sometimes contentious effort to construct a VA outpatient clinic, offices, and a new national cemetery at Alameda Point.
Commissioner Geoffrey Gibbs enquired, “I would like to know from the city of Alameda how these plans are consistent with the city’s hope for a mixed-use development on or near the site.” Alameda Point Chief Operating Officer Jennifer Ott responded, “We’ve been working with the VA for several years and they are consistent with our plans,” Ott said, “and the city has planned over 150 acres of additional park space, passive, open space that by building that road will actually help us bring down the cost of our development of that space to the north. It is a huge help to us to be able to implement additional significant regional open space facilities.”
Commissioner Jim McGrath questioned the VA about the need to prohibit access to the shoreline during the Least Tern breeding season from April 1 to mid-August. McGrath said, “I’m excited that something has been found to work in the long term to manage and preserve the wildlife area. I would love to see it expanded. When I began looking at the maps I said, boy, that Least Tern colony is a long way from the shoreline, over a mile.
“While I absolutely support science-based information that protects nesting areas for endangered species as warranting the highest level of protection, I don’t necessarily see the analytical gap bridged here between the potential for impact, the need for management and the need for, on a long term, restrictions of this nature.
“Some of the research that I’ve seen for the development of habitat areas within the restoration of the South Bay Salt Ponds, the research established that predation from avian species, particularly Western Gull, were the main threats to the Least Tern successful breeding.
“I know from my own experience that there has been successful breeding at fenced sites in southern California at Playa Del Rey and in Orange County; smaller sites on beaches with much less robust buffers.
“It raises in my mind the question of, would we not be better off with some active management of the Least Tern area that is science-based looking at the sources of predation, looks at the actual colony. I don’t want to pick on this project so much as say, if under the consistency review authority which is our single shot at trying to balance wildlife protection and provision of public access, we don’t ask those questions at this stage, we may miss the opportunity to try to achieve a better balance.
“I am a little bit troubled with a mile buffer.”
Mr. Richard Crowe from the VA responded: “We spent several years negotiating with the U.S. Fish and Wildlife Service. From our research, there is no science or an adequate buffer from a development to a colony. There is science on adequate buffer between colony nests. There is a paucity of research in that area.
“The U.S. Fish and Wildlife Service was adamant and we’ve negotiated in good faith and they felt that that quarter mile, 1674 linear feet, was the necessary buffer for the human impacts potential on the Least Tern.
“We’ve negotiated as much as we could and in order to get a favorable biological opinion that those were the final buffers.”
Commissioner McGrath continued the dialogue: “I understand and sympathize with your dilemma but adamancy does not constitute peer-reviewed science. And while we don’t have the U.S. Fish and Wildlife Service here, I guess to some degree I do think of that as the independent analytical role of the staff and the Commission.
“I have no trouble with the provisions and the burden with the VA with the exception of, that may end up being de facto management of this system on a hands-off basis when that, in fact, is not the best thing for either habitat or public access.
“I don’t know what to do with that concern. It certainly bothers me.”
Mr. Crowe responded: “The biological opinion is subject to negotiated modification should any other new science come up or new position by the current managers. The development was going to be below that little bulge but the U.S. Fish and Wildlife Service felt that that was going to jeopardize the Least Tern and they were going to issue a jeopardy opinion, which would kill the project. We negotiated very well and successfully with the city of Alameda to move that development up and that satisfied the U.S. Fish and Wildlife Service and all parties agreed to that and I think that was our way forward.”
Jennifer Ott added, “From the City’s perspective we would have much rather have had a year-round trail. I can imagine the City approaching the VA at a future time, once things have settled, bringing this up again as an issue.”
The VA’s project will entail filling in about 11 acres of wetland. The VA will be required to mitigate the loss of wetland, but those plans have not yet been agreed to and approved by the U.S. Army Corps of Engineers. Some commissioners wanted to postpone the vote to approve the VA plans until they could see the wetland plans, even though the wetlands are outside BCDC’s jurisdiction.
Commissioner Kathrin Sears said, “We look at the Least Tern in a different way because the birds fly. Wetlands can become connected to the Bay and have a broader impact on areas in our jurisdiction as sea level rises. I think there are different issues there that might make it appropriate for us to look at the wetlands.
Commission Chair R. Zachary Wasserman said, “Coming back to the issue of the wetlands that are outside of our jurisdiction, that are within the Corps’ jurisdiction; the issue being raised is, will the Least Terns – we are legitimately taking that into consideration because they’re migratory, they use the Bay, they use our jurisdiction. The question that has been posed is for the wetland that is outside our jurisdiction, which theoretically is used by shore birds; is that sufficient then to bring it within our consideration just as the Least Tern issue is?”
The VA’s Doug Roaldson commented: “We appreciate the [U.S. Army] Corps [of Engineers] and we have had numerous talks with you. We are clearly interested in those wetlands. We’ve had numerous discussions about a strategy. We’re still evaluating that strategy. We don’t know what’s happening and this is outside of your jurisdictional discussion right now. What’s the VA going to do? We’re going to take care of those wetlands. We’re either going to move them and we’ve got two very high quality wetlands on the property and they are very easy to mitigate into. We’ve had these discussions with the Corps.
“We’ve had a discussion, if we mitigate do we mitigate by phase or do we mitigate the entire site?”
The last comment offers insight into why the VA and Corps of Engineers have not yet agreed on a plan. The Corps wants the entire 11 acres of wetland mitigated at the beginning of the project, even though some of those acres won’t be impacted for decades when more of the columbarium is built out. The VA, on the other hand, wants to pay for the mitigation when the wetlands are actually filled in.
Whether the wetlands are mitigated in phases or all at once, the plan will have to be agreed upon when the VA begins their project. BCDC’s approval contains special conditions that require Corps of Engineers approval of a wetland plan at the project’s commencement.
BCDC staff member Jaime Michaels said, “I just want to point out given the conversation we’ve been having [about wetland mitigation], there is also a condition and it’s Special Condition II.C that talks about the need for the VA to get other local, federal and state approvals before they begin their work. That would include the Corps of Engineers’ approval.”
A motion was made and seconded to approve the VA’s project as being consistent with state law, in this case the San Francisco Bay Plan, as required under the federal Coastal Zone Management Act. On a roll call vote, the motion passed with 13-Yes, 2-No, and 4-Abstain.
The property is slated to be transferred from the Navy to the Department of Veterans Affairs in 2014.