AGENDA ITEM NO. 7d TAC meeting of November 14, 2013

Transcription

1 Humboldt County Association of Governments 611 I Street, Suite B Eureka, CA, (707) AGENDA ITEM NO. 7d TAC meeting of November 14, 2013 DATE: November 7, 2013 TO: HCAOG Technical Advisory Committee FROM: Marcella Clem, Executive Director SUBJECT: Formation of a 101 Eureka-Arcata Corridor and Bay Trail Ad Hoc Committee Contents: Staff Summary STAFF REPORT Staff s Recommended TAC Action: 1. Introduce the item as an action Item; 2. Allow staff to present the item; 3. Receive public comment; 4. Discuss the formation of a 101 Eureka-Arcata Corridor and Bay Trail Ad Hoc Committee; 5. Recommended motion: I move that the TAC recommend to the HCAOG Board the formation of a 101 Eureka-Arcata Corridor and Bay Trail Ad Hoc Committee with representatives from the cities of Arcata and Eureka, the County of Humboldt, and Caltrans. Staff Summary: On Thursday, November 14 th, the California Coastal Commission is scheduled to consider the revised findings for their September 12th conditional concurrence with Caltrans consistency certification for the Eureka - Arcata Route 101 Corridor Improvement Project. The revised staff report can be found at The conditions to the Consistency finding are provided in a September 16 th letter from coastal staff included in this staff report. One of the conditions from the Coastal Commission requires that construction of the highway improvements will not commence until adequate commitments are in place to assure that a separate trail parallel to Route 101 will be constructed. The Eureka- Arcata Route 101 highway project and Humboldt Bay Trail projects have thus become formally linked. Staff recommends the formation of an Ad Hoc Committee composed of the following representatives (or their designees): Karen Diemer, City of Arcata; Miles Slattery, City of Eureka; TAC 1 TAC Item No. 7d 11/14/2013

2 Hank Seemann, County of Humboldt; Richard Mullen and Brad Mettam, Caltrans. Success of these high priority and regionally significant projects will require close coordination and collaboration. The Ad Hoc Committee will ensure that the local agencies continue to work together and communicate effectively with the TAC, elected officials, stakeholders, and the general public.

3 STATE OF CALIFORNIA NATURAL RESOURCES AGENCY CALIFORNIA COASTAL COMMISSION 45 FREMONT STREET, SUITE 2000 SAN FRANCISCO, CA VOICE AND TDD (415) EDMUND G. BROWN, JR., GOVERNOR September 16, 2013 Charles Fielder, Director Caltrans, District 1 Post Office Box 3700 Eureka, CA Attn: Kim Floyd, Mitch Higa, Matt Brady Re: CC , Caltrans, Consistency Certification, Eureka-Arcata Safety Corridor Improvements, Highway 101 between Eureka and Arcata, Humboldt Co. Dear Mr. Fielder: On September 12, 2013, by a vote of nine in favor, one opposed, the California Coastal Commission conditionally concurred with Caltrans consistency certification for the abovereferenced project. The Commission s adopted conditions to its concurrence are as follows: Conditions 1. Coastal Trail Planning. Caltrans agrees that construction of the Route 101 Corridor Improvements will not commence until adequate commitments have been put in place to assure that a Class 1 bike trail and a pedestrian trail, parallel to Route 101 between Arcata and the northern end of downtown Eureka, will occur. Such commitments will include, but not be limited to, assurances that adequate funding for construction of the trail exists, as well as the necessary ownership interests or permissions to enable the trail to be allowed to proceed in a timely manner, prior to or concurrent with construction of the corridor improvements. 2. Visual Impact Mitigation. Prior to or concurrent with its submittal to the Commission of a coastal development permit application for the project Caltrans will develop and submit a plan to provide mitigation for the visual impacts of the project by removing, to the maximum extent feasible, all billboards along the corridor, as well as other overhead infrastructure (such as power poles and power lines), and by steepening the inside slopes of the interchange to maximize the view towards the bay from Indianola Cutoff. TAC 3 TAC Item No. 7d 11/14/2013

4 -4-3. Wetland Mitigation. Prior to or concurrent with its submittal to the Commission of a coastal development permit application for the project Caltrans will: (1) expand the Samoa restoration concept to include true tidal restoration; (2) provide a biological analysis showing that adequate acreages and/or habitat mixes would, in fact, fully mitigate the project s impacts; (3) submit and receive Commission approval of coastal development permits for the restoration activities at the two sites; and (4) follow up on Caltrans commitment to further substantiate the unavailability and infeasibility of non-agricultural sites in the Humboldt Bay area. 4. Sea Level Rise Planning. Prior to or concurrent with its submittal to the Commission of a coastal development permit application for the project Caltrans will complete its Climate Change Adaptation Pilot Strategy for Critically Vulnerable Assets in Northwest California, and the project described in the permit application to be submitted to the Commission will reflect the findings and implications contained in that study, including any necessary redesign to incorporate appropriate sea level rise-related adaptation strategies. As conditioned, the Commission determined that the project would be consistent with the enforceable policies of the California Coastal Management Program (CCMP). The Commission s action was timely, as Caltrans had provided a stay in the consistency proceedings until September 20, The basis for several of the above conditions under the enforceable policies of the CCMP (i.e., Chapter 3 of the Coastal Act) is explained in the Revised Staff Recommendation that was mailed two weeks prior to the September 2013 meeting; this recommendation can be found on the Commission s website at: The basis for the remainder of the Commission s conditions under the enforceable policies of the CCMP will be provided in full when the Commission adopts revised findings to reflect its action on this consistency certification in the next few months at an upcoming Commission meeting. (Later, final determinations of project consistency with the applicable Coastal Act policies will be rendered when Caltrans applies for, and the Commission reviews, a coastal development permit application for the project.) Briefly, in deviating from the staff s recommendation, the Commission determined that the project would not increase highway capacity and was an allowable use for wetland fill as an incidental public service, would not induce growth in a manner inconsistent with the Coastal Act, and, as conditioned, would be the least environmentally damaging feasible alternative and would minimize and provide mitigation for the project s access, recreation, and visual impacts. It is our understanding that Caltrans is in agreement with the conditions. However, please inform the Commission s Executive Director in writing immediately if Caltrans does not agree to these conditions. If Caltrans does not agree to these conditions, Caltrans, as well as the Federal Highway Administration and the U.S. Army Corps of Engineers (as the federal funding and permitting agencies), should treat the Commission s conditional concurrence as an objection (pursuant to 15 CFR Section 930.4).

5 -5- Also, in the event Caltrans does not agree to the conditions, we are notifying you that Caltrans has a right to appeal the Commission s action to the Secretary of Commerce. If Caltrans were to pursue this option, pursuant to 15 CFR Part 930, Subpart H, and within thirty days from receipt of this letter, Caltrans may request that the Secretary of Commerce override this objection. In order to grant an override request, the Secretary must find that the activity is consistent with the objectives or purposes of the Coastal Zone Management Act, or is necessary in the interest of national security. A copy of the request and supporting information must be sent to the Commission and the federal permitting and funding agencies. The Secretary may collect fees from Caltrans for administering and processing any such request. Sincerely, MARK DELAPLAINE Manager, Energy, Ocean Resources, and Federal Consistency Division cc: North Coast District Office Federal Highway Administration (201 Mission St #1700, San Francisco, CA 94105) U.S. Army Corps of Engineers (S.F. District) OCRM (David Kaiser/Kerry Kehoe)