Dutra Project Morphs again!

Dutra Project Morphs again!

In the face of Dutra's previous fabrications and implausible project proposals, they are now proposing another revised version of their asphalt plant operations:

Either

1. A 600+ ft. conveyor belt to carry aggregate and sand from Shamrock's existing sand and aggregate barge unloading site, just upstream from Dutra's site, to Dutra's asphalt factory. The conveyor belts would cut through Shamrock's previously required mitigation wetlands and over PG&E's high pressure gas transmission pipelines and easement. This arrangement would be a true eyesore and wildlife disruptor.

OR

2. Hauling the 500,000 tons/year of aggregate and sand from Shamrock's facility to Dutra's factory site with thousands of trucks, potentially operating 24/7, creating toxic and noxious diesel exhaust, noise, and bumper-to-bumper traffic at rush hour for people driving to or from Hwy. 101 on Petaluma Blvd. South.

AND

3. A Health Risk Analysis (HRA) prepared by Bay Area Air Quality Management District (BAAQMD), the regulatory agency that is supposed to provide air quality analyses and enforce standards, but which will be paid for this work by Dutra ONLY if their project is approved by the County.

AND

4. A Health Risk Analysis which so far has failed to measure the toxic, very small diesel exhaust particulate matter ("PM2.5"), which is a most dangerous pollution leading to cardiovascular disease, cancer and asthma, especially for children and people with breathing and circulatory problems.

AND

5. An Health Risk Analysis which doesn't comply with the newly approved regulations just adopted by the BAAQMD, which require cumulative analysis of sources of pollution within 1000 ft. of the Dutra property, including traffic on Hwy. 101 and on Shamrock's operations.Dutra's Asphalt Plant project application has been altered yet again on paper, in their attempts to slide past all the other huge problems they've run up against. They clearly hope to fool the Supervisors, public and county staff into believing that they are just an innocuous, small, family-owned company with a totally benign operation, suitable for locating adjacent to our Shollenberger Park, Petaluma River and Marsh, and near residents, businesses and tourists in Petaluma and Sonoma County.

Dutra has been wrong and misguided for the past 6 years - whether it's been their claims of no toxic blue-smoke fumes and no diesel exhaust impacts, their destructive impacts to the egret and heron rookery, Dutra's barge and tug intrusion into the river's navigable channel, their lying about the location of PG&E's pipelines, and a host of other problems - and it's time for the Supervisors to reject this hazardous shell-game, and end the Dutra Magic Show.

Friends of Shollenberger Park Awarded Grant from the Rose Foundation

We are honored to announce that the Rose Foundation for Communities and the Environment has awarded us a grant for continuing outreach and community work to Save Shollenberger Park and help move our community in a direction of environmental appreciation and respect. Read more about the great work the Rose Foundation does for California and our environment at http://www.rosefdn.org/index. Thanks to everyone for your help in preserving Petaluma's natural treasures and keeping the spotlight on this important cause to save Shollenberger Park. Your energy, enthusiasm and creativity are essential to our on-going campaign.

VOTER INFORMATION GUIDE - VOTE Tuesday June 8th

VOTER INFORMATION GUIDE

Don't forget to vote by MAIL or AT THE POLLS on Tuesday June 8th. We need our community to show up and be counted! Help preserve our park with a strong turnout on the County level!

The Candidates Weigh in on Dutra's apshalt Factory Proposal
Petaluma Argus - May 2, 2010

Pamela Torliatt:
The city, working with the Coastal Conservancy, Sonoma County OpenSpace District, National Parks Services, private companies and non-profit organizations, has invested millions of dollars to build eco-tourism and attract environmentally friendly businesses to Petaluma. The proposed Dutra asphalt batch and recycling plant puts this huge investment at risk that more than 150,000 people visit and enjoy annually. The visual impacts of the asphalt plant's two 70-foot asphalt emission stacks and storage silos cannot be overcome through mitigation.

Mike Healy:
I oppose the proposed asphalt plant. I do agree that a south countyasphalt plant would be helpful, if a suitable site can be identified. That hasn't happened yet. But it isn't accurate to imply that the condition of local streets has anything to do with this issue. That is entirely a funding issue.

John King:

One of the biggest stumbling blocks is the unlawful conduct claims against the Dutra facility in Marin County. We know the southern end of Sonoma County can survive without a new plant, but its intended location does have value in terms of providing material without additional transport costs and traffic loading on regional roads as product is hauled from Santa Rosa southward. As 2nd District supervisor, I need to satisfy the remaining questions I have in terms of what additional measures can be taken to diminish air pollution and related risks.

David Rabbitt:

Better community outreach up front when the proposal was first initiated might have helped alleviate some concerns or at least the community would have been given a venue to share their thoughts. I do believe the south county needs a local source of asphalt, more so with the anticipated freeway and road improvements. I believe the number of jobs created and augmented is significant as well as the money saved through proximity. Aesthetically, I have concerns, especially as one enters Petaluma from the south. For me, it remains to be seen whether these concerns can be remedied and overcome.

A Day At The Park - By Norris (Bob) Dyer

The following is featured in the May issue of the Petaluma Post:

Rue Furch served on the Sonoma County Planning Commission for 16 years and was named Environmentalist of the Year by the Sonoma County Conservation Council in 2005. When the National Geographic Society sought an expert to identify places of interest for nature-lovers, she was an obvious choice to identify sites in our county.

Rue knew about Shollenberger Park and last fall searched for someone to do a web page for the Society’s visitredwoodcoast.com, then under construction. She finally found me, through David Keller, and the website and the page I fashioned went on line in January, thanks to Rue. I expanded the area to include the adjoining Alman Marsh and recently-opened Ellis Creek area.

As I have written before, there are 46 million birders in this country, who create 32 billion dollars in retail sales yearly. I believe the website will attract visitors to our “Petaluma Wetlands." While here, they will not only hike our trails and check out our birds, but also eat, drink and (hopefully) be merry. Petaluma needs this sort of cash infusion right now as we all know.

There are several ways to access this new web page. The full name of the website is "California’s Redwood Coast: Paradise Untamed." On the home page, select "Main Map" for all attractions in the redwood coast. At the right side of this map, hit “Select" to clear out all the check marks, then check “Natural Area” and find the appropriate leaf icon near Petaluma. A shortcut, for us insiders, is just to search under “Petaluma Wetlands” on the Main Map page.

Here is the first part of the text on the Petaluma Wetlands page:

"Less than two miles from downtown Petaluma, California, the Petaluma Wetlands are 500 acres, with trails through or adjacent to a variety of habitats ranging from tidal salt marshes to freshwater marshes. The contiguous wetlands are Alman Marsh, Shollenberger Park and Ellis Creek. To the west a portion of the trail system parallels the Petaluma River and beyond it there are hills clustered with native oaks. To the east lies Sonoma Mountain, once a volcano, millions of years ago.

"200 species of birds have been identified in the wetlands and over 100 plant species. Over 30 species of ducks and geese use the wetlands' food and shelter during the migratory season. Additionally, over 25 species of shorebirds feed in the tidal marshes and around the perimeter of the central seasonal pond at Shollenberger. Immediately across the river from Shollenberger there is a heron/egret colony usually active from April-July. If active, the colony normally has more than 60 nests of Great Egret, Snowy Egret and Great Blue Heron.

"The wetlands provide over seven miles of trails and are used daily by hundreds of people. Individual trails vary in length from 1/3 mile to over 2 miles. They provide a natural experience in what is otherwise an urban setting. Parts of the wetlands are dual purpose. Shollenberger's central pond is used periodically for 'dredge spoils' from the Petaluma River. Ellis Creek opened in mid-2009 as a state-of-the-art water recycling facility and 30 acres serve as polishing wetlands.

"A habitat restoration project is underway removing invasive weeds and introducing native plants. 'Recreational Opportunities' Visitors use the park trails to bird watch, walk dogs, exercise, ride their bikes, eat their lunch or just enjoy a relaxing stroll. Docent-led tours are offered the second Saturday of each month at 9:00 A.M. (Shollenberger entrance) from October-June."

This page has a map that can be expanded to show how to get to the park. I have also added a dozen images. The picture of a Great Egret is alongside the opening text (Figure 1). A recent addition is a map of the wetlands, created by Petaluma Wetlands Docent Ingrid Larnis. It shows all the trails from the Petaluma Sheraton to Ellis Creek, parking areas, and restrooms. Please let your out-of-town friends know about our wonderful wetlands and what they have to offer.

Click here to go to the Petaluma Wetlands page.

Petaluma River Cleanup this Saturday!

Saturday, May 8th
(Plan on showing up around 8:30am to sign up and get refreshments)

9 a.m. to 2 p.m.
Petaluma Marina, 781 Baywood Dr.

Join the Petaluma River Cleanup for the 16th Annual Community Spring Cleaning of our Treasured River

Wear gloves & boots: stuff that can get muddy, for land and water based clean-up efforts

Bring your family & friends, watercraft welcome

Help increase community pride. Experience the beauty of the river and learn about wildlife, recreation, and waste disposal. Enjoy an opportunity to conserve the beauty and vitality of our watershed. Become a solution to pollution!

For more information:
Call Bob at: 707-763-5086
Email - Info@PetalumaRiverCleanup.org

Dutra asphalt plant decision pushed back again

"The May 11 hearing and possible decision on the much-debated Dutra asphalt plant proposal has been delayed to late summer because more studies on the proposal are needed".

Link to Press Democrat article

Response to Dutra's new Shamrock proposal

Following is our response sent to the Supervisors and PRMD regarding the latest proposal from Dutra to revise their Asphalt Plant project, including their intention to use the Shamrock Landing Way facility for unloading aggregates. This letter describes a series of substantial and significant problems, issues and actions that must be addressed by the County before any further consideration of Dutra's proposal can continue.

The entire file submission is about 500 pages total.

Part 1 - Letter (pdf)

Part 2- Letter & Exhibits A-H (very large pdf)

Part 3 - Exhibits I-J (very large pdf)

Part 4 - Exhibits K-P (very large pdf)

Next Week's Vote Likely Postponed Again

Dutra is once again asking the County to delay a decision on their proposed asphalt plant. They have asked for a continuance to May 11th and we are hearing it's very likely the Board will grant their request.

Stay tuned!

Dine-Out Fundraiser Tomorrow - Wednesday March 10th!

Our battle to keep Dutra’s asphalt plant from being built at their very ill-placed location adjacent to our most popular park, schools, neighborhoods, gateway and precious natural resources (wildlife, wetlands, river etc.) continues and we really need your support! An easy and enjoyable way to help would be to join us at our Dine-Out this Wednesday at the scrumptious Central Market located in downtown Petaluma. See below for details. Thanks so much and hope to see you there!

What: Central Market Fundraiser
When: Wed March 10th 5:30pm - 9:30pm
Where: Central Market @ 42 Petaluma Boulevard North, Petaluma, CA 94952

Reservations are strongly suggested.

Please mention Save Shollenberger / Moms For Clean Air when you make your reservations.;

http://www.centralmarketpetaluma.com/

707.778.9900

March 1st proclaimed Petaluma Wetlands Day

We are so proud of our City and our Mayor for proclaiming March 1st as Petaluma Wetlands Day!

Thank you to all the people and organizations who have helped restore our wetlands and continue to make it a Sustainable Destination

Click here to read the entire Proclamation

Our Petaluma Wetlands have been named a Sustainable Destination by National Geographic! Click here for the National Geographic listing.

Show your Support for Shollenberger!

March 16th is fast upon us and that’s when the next vote to consider approving the dreaded asphalt plant project will be heard.

We need to make a push RIGHT NOW, rally the community and nail home that we do not want an asphalt plant next to our parks, schools, community and as our welcome mat to Petaluma and Sonoma County.

We can make it really easy for you. All you have to do is say YES, let us know your address and “poof” a lawn sign will appear. If you know of anyone else that might be able to do this please pass this information on to them.

Please let us know if you can help with this. It is a wonderful way to raise awareness and show that the community is united against this awful proposal!

Click here to email us your address and you'll recieve your lawn sign ASAP.

Thank you!

Join our Campaign...Donate Today!

On Tuesday March 16, 2010 the Sonoma Board of Supervisors will cast their votes on the Dutra Asphalt Plant. Dutra will try to shove this project with its inadequate EIR through to approval with their false claims, doctored maps, and their empty promises of NO smell and NO Health Risk.

Have you ever been near hot asphalt that didn’t smell?

Nesting season in Shollenberger Park starts in March – but will the trees still be there when the herons and egrets return? If approved, Dutra could be sending bulldozers and cut down the Eucalyptus Grove, which is home to the heron and egret nests, the very next day.

CLICK HERE TO DONATE

In the spring, just north of Haystack Landing and across the Petaluma River from Shollenberger Park, giant eucalyptus trees stand leafy green but devoid of any apparent life. Several weeks later, from across the river, white spots can be seen in the foliage – Every year since 2003, Great Egrets have nested in the Shollenberger colony. A healthy colony suggests a healthy environment, and the Shollenberger colony has been devoid of predation or major disturbance since its onset. That could change in the near future.

The $25 you spend today will make a difference in this fight to stop the degradation of Shollenberger Park and the entire Petaluma Wetlands Eco-System.


Please donate today:

1) TO FUND LEGAL ACTION AND SAVE THE HERON AND EGRET COLONY.

2) TO PROTECT OUR CHILDREN'S LEGACY OF VITAL WETLANDS AND CLEAN AIR FOR YEARS TO COME.

3) TO STOP THE ASPHALT PLANT AT HAYSTACK LANDING.

Dutra’s lies and their improper influence on our elected officials and County Planning Staff have got to stop. We can stop this charade but we need your help. Our wetlands, our Shollenberger Park, our Gateway to Sonoma County will be degraded and polluted with excessive and constant noise, night flood lights, over 46 toxic by-products of asphalt production and the diesel exhaust of over 100,000 trucks a year. Wildlife will be disrupted, air quality worsened, and a voter mandated Scenic View Corridor blighted with the view of two 64 foot storage silos.

Send your support of $25 or more today and help us be ready to stop Dutra. We called them on their deceptive maps presented to the Coast Guard, we showed them mis-locating high pressure PG&E pipes. Now we need to ask the hard questions about their new proposed mooring location. Each new set of claims and maps needs to be met with hard research and questions. Our County Staff doesn't do it, so we have to. If we each send at least $25, we’ll be ready with enough resources to stop Dutra with legal action the very Next Day!


Personal checks are great too! Please send to this address:

The O.W.L Foundation c/o Friends of Shollenberger Park
322 Western Ave.
Petaluma, California 94952

Thank you for your support!

Friends of Shollenberger Park

The Dutra Magic Show

by David Keller, Petaluma River Council

Most people reading this column have experienced a ‘con’ at a carnival or fair. The Shell Game, or Hide-the-Ball, is one of the most common magic tricks. A ball is hidden under one of three shells or cups, which are then shuffled skillfully by the dealer. The player gambles that they can spot where the ball is hidden.

The dealer’s sleight-of-hand is designed to confuse players, and distractions by shills deflect attention from the tricks being played. A slippery dealer will never let the player find the ball. While the Shell Game looks simple, the con man always wins.

Dutra is playing the Shell Game with us, obscuring the truth about their Asphalt Factory proposal. The Argus Editorial “Keep Petaluma River Traffic Moving” (1/21/10) echoes Dutra’s p.r. game designed to confuse and scare the public into believing that without Dutra, the Coast Guard will shut down our River, all dredging would cease and we’d be inundated by floods.

Instead of trying to find the hidden ball, it’s really time we just stop playing with the con.

Dutra lied to the US Coast Guard and Sonoma County, saying that their barges and tugs would be moored outside the Petaluma River’s federally-dredged navigational channel. Dutra doctored their official maps so that their barges and tugs appear to avoid interfering with current and future commercial and recreational river traffic. The Coast Guard called them out on this fabrication, stating that the remaining channel clearance around a moored barge is not safe.

Dutra claims they’d moor barges for 4 hours to unload aggregates, averaging twice per week. But observations at Shamrock indicate that actual barge unloading time is closer to 8 hours. In letters to the County, Dutra insisted that when they’d operate 24/7 for large government paving jobs (80% of their asphalt business), they’d need to restock raw materials onsite with up to three 4000-ton barges per day, day and night. During those periods, the entire river channel will be blocked and dangerous by maneuvering and anchoring Dutra’s tugs and barges.

Dutra lied again to the US Coast Guard and Sonoma County, saying that two PG&E 12” high-pressure gas transmission pipelines crossing the River go through Shamrock’s parcel upstream, instead of their real location. We discovered that Dutra fabricated their official maps so the pipelines conveniently appear to bypass Dutra’s proposed tug and barge mooring site. However, the pipelines are on Dutra’s property, clearly marked with two 4’x8’ signs reading, “WARNING. DO NOT ANCHOR OR DREDGE. GAS PIPELINE CROSSING. PG&E”. (see: Dutra has a Terminal Gas Problem post below) Perhaps this is why Dutra has refused requests to dredge into their river bank to get their barges and tugs out of the River Channel.

Dutra still claims that dumping of over 200,000 cubic yards of dredge spoils into our Gulf of the Farallones National Marine Sanctuary (over 200 instances) was only minor ‘leakage’, caused by high seas and defective computer-controlled dumps on their barges. But Dutra paid a $735,000 fine to EPA in 2006 for these violations.

Dutra also claims that Miami-Dade County (Florida) inaccurately marked a dredging site in Biscayne Bay, when Dutra was discovered to have destroyed 3.5 acres of federally-protected sea-grass and coral beds. Yet in 2006, after declaring bankruptcy, Dutra’s insurance company paid Miami-Dade County $22.5 Million in compensation.

What’s next? Dutra will morph again to cover their exposed messes. Each time their Shell Game is uncovered, they come up with a new game.

Now, in response to insurmountable problems revealed at their site, Dutra is proposing to locate barge facilities at Shamrock’s property just upstream. Dutra will need a new EIR. Shamrock’s permits and operations must be reviewed closely for its capability to add 125 barges and tugs and over 550,000 tons of aggregates to their existing site.

Let’s stop gambling with Dutra with Shollenberger Park, our health, our River’s safety and wildlife, our tourism, and our community’s investments. Dutra has played Hide-the-Ball games too long about asphalt manufacturing capacity not needed regionally. It’s time for County staff to stop being conned by Dutra’s “magic show.” It’s way past time to end Dutra’s Shell Game, once and for all.

David Keller is a former City Councilman, and founder of the Petaluma River Council.

Dutra has a Terminal Gas Problem

There are two PG&E 12" High Pressure Gas Transmission Pipelines that cross the Petaluma River in the vicinity of the Dutra Project site. These pipelines cross the Petaluma River and traverse directly through the Dutra Parcel. This location is noted briefly in the Draft Environmental Impact Report, and is verified by PG&E maps (Exhibit 10 below), 4'x8' Warning signs (Exhibits 3; 4; 5), plastic flagging on site, recorded easements (Exhibit 11), and conversations with PG&E personnel.

The actual location of these Gas Pipelines on the Dutra Parcel A conflicts directly with Dutra's proposed mooring location for their barge and tug.

The PG&E Warning signs read: "WARNING. DO NOT ANCHOR OR DREDGE. GAS PIPELINE CROSSING. PG&E 1-(800) 811-4111"

The Draft EIR states:
Dutra Haystack Landing Asphalt & Recycling Facility III. Project Description.
Area A: "Pacific Gas and Electric (PG&E) has a high pressure gas transmission main (450 PSI) that runs under the Petaluma River and through this parcel." (DEIR, Page III-11)

However, once again, as Dutra misrepresented the location of the Federal Dredged Navigational Channel on its displays, the map (Exhibits 2; 8; 9) and photomap exhibits supplied by Dutra to the US Coast Guard, to Sonoma County PRMD and to the Sonoma County Board of Supervisors for the purposes of gaining agency permits and environmental approvals are significantly erroneous: they do not match the actual gas transmission pipeline locations on Dutra Parcel A.

Dutra consistently misrepresents the locations, placing the two PG&E Gas Pipelines on the adjacent Shamrock parcel (APN 019-220-15) to the north, instead of their real location crossing Dutra Parcel A.

According to PG&E, these parallel 12" pipelines are the redundant river crossings of a major high pressure gas transmission pipeline that runs from Marin County to Mendocino County. The two pipelines, approximately 60' apart, are joined back together on each shore of the river at a series of valves. On the Shollenberger Park side, these valves are located just landward of the river-bank walking path, and are contained within the center of a semi-circular berm and path easily seen from aerial photos (Exhibit 1; 6). West of the Petaluma River, the valves and pressure regulator are located within a fenced area just past the railroad tracks, directly west of Dutra's Parcel A. (Exhibit 1; 7)

PG&E staff states that the 4'x8' Warning signs on each bank (Dutra and Shollenberger) are centered directly over the buried gas lines, for a total of four highly visible signs facing the Petaluma River. The accuracy of the Warning sign locations is confirmed by more recent survey markings for both pipelines, painted on the paved path behind one sign on the Shollenberger Park location, and with small yellow and black plastic flags on the ground on both sides of both signs on the Dutra parcel.

As a result of Dutra's failure to accurately represent the locations of the two PG&E Gas Transmission Pipelines crossing Dutra Parcel A, and PRMD Staff and Consultant's failure to follow through with any description and analysis of the impacts of the proposed location of a barge and tug mooring facility and materials unloading facilities directly across these Gas Pipelines, the validity, feasibility and accuracy of the FEIR and this critical Petaluma River-based transportation component of Dutra's proposed Asphalt Plant is in serious doubt.

Exhibits (all PDF documents):

1. Aerial Map: locations of 4’x8’ PG&E ‘Warning’ Signs and 12” High pressure Gas Transmission Pipelines.

2. Corrected Map, Dutra Haystack Landing Asphalt Plant, Barge and Tug Mooring Site Plan.

3. PG&E ‘Warning’ Sign

4. PG&E High Pressure Gas Transmission Pipeline 4’x8’ ‘Warning’ Signs. View from Shollenberger Park

5. PG&E 4’x8’ ‘Warning’ Signs, located on Dutra Parcel A.

6. PG&E Gas Transmission Pipeline Valves, located on Shollenberger Park

7. PG&E Gas Transmission Pipeline Valves and Pressure Regulator, west of Dutra Parcel A and Railroad right-of-way.

8. Erroneous Photomap supplied to US Coast Guard by Dutra. “107’ Clearance map”

9. Erroneous Photomap supplied to US Coast Guard by Dutra. EX 14, 10/5/09

10. PG&E Gas Distribution Map #2769-H1

11. PG&E Recorded Easement, changing location of right of way and easement, APN 19-220-01, 6/22/93.

Press Democrat: High time for county to reject Dutra project

By HEIDI RHYMES
Published: Tuesday, January 26, 2010

Shollenberger Park in Petaluma is a park, not an industrial site. This city park is a rich and productive historic wetland area restored to support wetland species and to filter impaired water going to San Francisco Bay. It serves a dual purpose of providing an area for dredged river sediments.

Does this fortunate and rare symbiotic relationship between humankind and the environment imply we should add more heavy industry, pollution, noise and visual blight to this valued resource? Should we forsake its worth as a recreational resource, tourist magnet and wildlife habitat for supposedly cheaper asphalt?

Reestablishing wetlands takes money, commitment and vision. Our city, Open Space District and state have invested more than $4 million and 15 years into this valued community resource.

The Petaluma River will be dredged without the Dutra asphalt plant.

Click here to read the entire article