Horrible project approved by Supervisors is set to run around environmental regulations to get their way. Dutra owners have a terrible environmental record. Do we want them here?
DUTRA: WRONG PLANT – WRONG PLACE
Dear Friends of Shollenberger,
DUTRA has raised its ugly head again. They have requested the US Army
Corps of Engineers and the Regional Water Quality Control Board to write
a “No Permit Necessary” letter regarding wetlands on their site to
Sonoma County. These federal permits protect our River and wetlands
under the Clean Water Act (404). These permits are the last barrier to
Dutra starting construction.
Dutra falsely claims that with a modest reconfiguration of the asphalt
factory, no regulated wetlands on their site would be filled by
construction and activity of the asphalt factory. Under this deceptive
approach, they would then ask Sonoma County to issue their grading
permit to begin construction of the factory.
Dutra is piecemealing the impacts of their project as originally
described and permitted by Sonoma County. They’re now trying to
tactically ignore over 11 acres of wetlands on the southern portion of
their property. However, the grading, removal of some 24,000 cubic
yards of soil, and recontouring of this lower parcel for mitigation
wetlands and control of stormwater runoff does indeed require a federal
permit. The soil would be hauled to the asphalt factory site, to raise
the elevation there out of the floodplain as required by the County.
URGENT! PLEASE SEND A LETTER expressing your objection to the Dutra’s
most recent efforts to evade their legal and environmental requirements
for this location on our Petaluma River and Wetlands, directly across
from Shollenberger Park. Below is a model letter – use it, modify it,
send it ASAP.
Copy me so I can keep count of our letters SEE BELOW.
DUTRA is asking for a decision by JULY 1 That’s today! They demanded
this just 2 weeks ago. Obviously they’re hoping we are all on vacation
for the Fourth! Our attorney Mike Lozeau is sending a legal letter
challenging Dutra’s request. Let’s back him up with an overwhelming
response from you and our Community!
We still say: WRONG PLANT – WRONG PLACE
Joan Cooper Friends of Shollenberger
Cc: Congressman Jared Huffman
Bryan T. Matsumoto
Senior Project Manager
Regulatory Division, North Branch
U.S. Army Corps of Engineers
450 Golden Gate Avenue, 4th Floor, Suite 0134
P.O. Box 36152
San Francisco, California 94102-3406
Fred Hetzel, Environmental Scientist
California Regional Water Quality Control Board,
San Francisco Bay Region
1515 Clay Street, Suite 1400
Oakland, CA 94612
RE: Dutra Haystack Asphalt Plant Project
Petaluma River, Sonoma County, CA
USACE File #2008-281040
Sonoma County File PLP04-0046
Re: Incomplete Permit Application – Dutra Haystack Asphalt Plant
Project, Sonoma County – CIWQS Place ID 767268, Corps File No. 28104N
July 1, 2019
Dear Commander Cunningham, Mr. Matsumoto, and Mr. Hetzel:
I am a Petaluma community member who uses and enjoys the Petaluma
River and Shollenberger Park.
1) Dutra Materials claims they don’t need Federal Wetlands permits.
Their letter to the Corps dated June 18, 2019 requests a “No permit
needed” letter from the US Army Corps of Engineers and Regional Water
Quality Control Board to be sent to Sonoma County by July 1, 2019, so
that they can begin grading thereafter.
2) Documents and maps supplied to the Corps with this request
tactically ignore Dutra’s approved project description by omitting
acres of jurisdictional wetlands on Sheet C3.01 from previously submitted WMMPs.
These existing jurisdictional wetlands are an integral part of their
approved project. They will first move 24,00 cubic yards of material
from the existing wetlands to the factory site, and recontour that
land for ponds and drainage. They will likely continue to move dirt
for another three years.
See: Wetlands Mitigation and Monitoring Plan, revised Sept. 2017 (as
well as previous versions)
9.0 Project Construction and Implementation
9.1 Grading and clearing
– “… In order to construct the wetland mitigation project,
approximately 24,000 cubic yards of soil from the mitigation area will
be removed using standard earthmoving equipment including scrapers,
bulldozers, hydraulic excavators, trucks and other construction
Grading for the asphalt plant and storage area, and the wetland
mitigation project includes additional earth movement of approximately
12,000 cubic yards of soil in the northern portion of the sites.
Between the excavation and re-contouring of the mitigation area and
the excavation and fill for the proposed asphalt and recycling plant,
the soil will be balanced on-site and no import of off-haul of soil
will be required.
During the mitigation monitoring period wetlands habitats on the site
will likely require (a) initial adjustments for up to 3 years, and/or
(b) ongoing maintenance. Initial grading adjustments may be required
because of the substantial change of the land surface that will occur
with transforming the
manmade watersheds of the site that have little relationship to the
proposed restored functions and ecological units. ….
I ask you to reject Dutra’s request for a “No permit needed” letter.
The Petaluma River and Wetlands are a valuable resource for our
community. Millions of dollars in local, State, and Federal funds have
been invested to restore and protect these areas. They need your
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