coalition for a safe environment - wpra north deir response/3_3_4...coalition for a safe environment...
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Coalition For A Safe Environment 1601 N. Wilmington Blvd. Ste. B, Wilmington, California 90744
[email protected] cfase @ att.net 310-704-1265
July 6, 2015 Garrett Damrath, Chief Environmental Planner Division of Environmental Planning State of California Department of Transportation, District 7 100 S. Main St, MS-‐16A Los Angeles, CA 90012 (213) 897-‐0357 Re: Public Comments for the Draft EIR SR710 North Study-‐Proposed Tunnel Alternatives, and Cost Benefit Analyses: CFASE Identified EIR & Project Issues, Errors, Omissions, and Inadequacies The Coalition For A Safe Environment (CFASE) et al wishes to submit our public comments, vote to not approve the BNSF-‐Southern California International Gateway Project, and not certify the Final Environmental Impact Report (FEIR) for the following reasons: The CEQA Guidelines states that the analysis of a proposed project shall discuss “...changes induced in population distribution, population concentration, the human Use of land (including commercial and residential development) ... analyze any significant environmental effects the project might cause by bringing development and people into the area affected.” 6.1-‐1
1. Did not identify, assess & mitigate future changes, increases & negative impacts on City/EJ
Community residents & fails to comply with CEQA, California Health & Safety Codes , Title VI and California Government Code Section 11135:
a. The Project induced traffic expansion, congestion, environmental impacts, public health impacts along cities/EJ Communities leading to, exiting, bordering and near the project.
b. Environmental Justice Communities c. Low income and minority residents d. Specific Ethnic populations e. Multi-‐Ethnic populations f. Non-‐English speaking populations g. Children sensitive receptors h. Senior citizen sensitive receptors i. Pregnant woman & prenatal sensitive receptors j. Physically & mentally handicapped populations k. Title VI protected classes
2. Did not identify, assess & mitigate future changes, increases & negative impacts on EJ Community residents quality of life & socio-‐economics:
a. Loss of future EJ Community low income and minority & senior housing building land b. Loss of future EJ Community parks & recreational land c. Loss of future EJ Community retail &commercial land d. Loss of future EJ Community public building land e. Loss & decrease of future EJ Community public services which are diverted to support direct &
indirect Caltrans emergencies f. Increase of taxes, assessments, city/county fees, tolls, bonds disproportionate impact on low
income and minority EJ Communities to support direct & indirect Caltrans expansion & services g. Loss of property values h. Increased litter & blight
3. References to city plans, programs & local land uses in the DEIR & SR710 North Study failed to identify conflicts, increased public costs & local government agency costs:
a. Although the DEIR & SR710 North Study states that Metro and Caltrans have no authority to require a General Plan amendment, a significant unavoidable impact would remain until the General Plans are amended, it also does not state the project cannot be approved until every impacted city approves multiple amendments at their own cost. Some amendments might even require their own EIR.
b. Failed to disclose that references to being compatible or relevant does not mean that the North Study is in absolute compliance, conforming to or in support of existing city plans & land uses.
c. Failed to disclose, identify, assess & mitigate negative impacts to local city & EJ Communities if North Study is approved.
d. Failed to disclose, identify, assess & mitigate negative direct & indirect costs to local city & EJ Communities if North Study is approved.
e. Failed to disclose the specific type & number of inconsistencies, negative public impacts & public costs for cities to amend their General Plans, Community Plans, Ordinances, Zoning & Q Conditions.
f. Failed to disclose that Caltrans will not reimburse cities for costs to amend their General Plans, Community Plans, Ordinances, Zoning & Q Conditions.
g. Failed to disclose in detail at-‐grade & elevated proposed changes, which impact land use impacts and inconsistencies with local jurisdiction plans and programs.
h. Failed to disclose that its strategies to increase the availability of public and private transit and encourage transit use through improving bus services, stations, and connections cannot be accomplished in the majority of city locations due to no available land for expansion and increased public use accommodation. Caltrans has no proposed budget to give to cities to purchase additional land.
i. The draft EIR is out dated & failed to disclose that some cities have adopted or proposing new significant changes in General Plans, Community Plans, Ordinances, and Zoning & Q Conditions. Example: City of Los Angeles:
• City of Los Angeles General Plan for Environmental Justice: Transportation Element. , “Assure the fair and equitable treatment of people of all races, cultures, incomes and education levels with respect to the development and implementation of citywide
transportation policies and programs, including affirmative efforts to inform and involve environmental groups, especially environmental justice groups, in the planning and monitoring process through notification and two-‐way communication.” Adopted 1999.
• City of Los Angeles General Plan Air Quality Element. Adopted 1999.
Goal 1 – Good air quality and mobility in an environment of continued population growth and healthy economic structure.
Goal 4 – Minimal impact of exiting land use patterns and future land use development on air quality by addressing the relationship between land use, transportation, and air quality.
Goal 5 – Energy efficiency through land use and transportation planning, the use of renewable resources and less polluting fuels and the implementation of conservation measures including passive methods such as site orientation and tree planting.
Goal 6 – Citizen Awareness of the linkages between personal behavior and air pollution, and participation in efforts to reduce are pollution.
• City of Los Angeles General Plan Noise Element. Adopted 1999
Goal -‐ A city where noise does not reduce the quality of urban life.
Objective 2 (Non-‐airport) Reduce or eliminate non-‐airport related intrusive noise, especially relative to noise sensitive uses.
Objective 3 (Land Use Development) Reduce or eliminate noise impacts associated with proposed development of land and changes in land use.
• City of Los Angeles General Plan Objective 2 Mitigate the impacts of traffic growth, reduce congestion, and improve air quality by implementing a comprehensive program of multimodal strategies that encompass physical and operational improvements as well as demand management. Adopted 1999.
• Mobility Plan 2035 -‐ City’s transportation plan that lays the policy foundation to create safe streets that accommodate all modes and users, including improving access for transit users, pedestrians, cyclists and drivers. Adopted 2015.
• Plan For a Healthy Los Angeles -‐ A new public health initiative to create communities where the healthiest choice is the easiest choice, so that residents have the opportunity to thrive. The plan includes a focus on healthy food access, park space, public safety and educational and workforce opportunities. Adopted 2015.
• A comprehensive update of the City’s 1946 Zoning code in order to create livable
communities, encourage sustainable development and foster economic vitality. Adopted 2015
• Clean Up Green Up (CUGU) Pending Ordinance Proposal
4. EIR is Out Dated & Failed to disclose relatively new City of Los Angeles related community noise studies relevant & applicable to SR710 North Study impacted communities
Los Angeles -‐ Harbor Community Benefit Foundation Wilmington Noise Studies.
Report #1: Noise Measurement Report -‐ Wilmington School & Residence Sound Attenuation Program -‐ September 2012 -‐ Harbor Community Benefit Foundation
Report # 2 Criteria and Prioritization Recommendations Report -‐ Wilmington School & Residence Sound Attenuation Program -‐ June 2013 2012 -‐ Harbor Community Benefit Foundation
Report # 3 Noise Contour Development Methodology Report -‐ Wilmington School & Residence Sound Attenuation Program -‐ December 2013 2012 -‐ Harbor Community Benefit Foundation
Report # 4 Property Inventory and Mitigation Recommendations Report -‐ Wilmington School & Residence Sound Attenuation Program -‐ October
2013 -‐ Harbor Community Benefit Foundation
5. EIR & SR710 North Study and proposed Tunnel Alternatives failed to show evidence that its proposed strategies in the Land Use Plan Consistency Analysis have been successful in the past, in similar projects & includes no contingency plan or budget for failures to comply or accomplish in the future
a. No evidence of higher vehicle occupancy b. No evidence of reduce peak-‐hour trips c. No evidence of reduced use of motor vehicles d. No evidence of increased ridesharing e. No evidence of increased public transit use f. No evidence of past reduction in air pollution by increasing the availability & efficiency of
multiple modes of transportation based on improved pedestrian, bicycle and bus facilities g. No evidence of past increase efficiency and capacity for all transportation modes with lower
capital cost investments and/or lower potential impacts, including regional air quality. h. No evidence of past successful maximize the efficiency of the existing transportation system
by improving capacity and reducing congestion. i. No evidence of reduction in traffic noise. j. Failed to disclose that it will provide no funding to any city to support it proposed strategies.
6. Failure to include feasible & cost effective project sustainable design & construction
a. There are now available Zero Emission Electric and Near Zero Emission Cement Trucks,
Bobcat Cement Delivery Trucks, Excavation Equipment, other industry related vehicles and equipment that Caltrans and Metro can incorporate into the new SR710 North Transportation Corridor construction project that were not identified as potential air emissions and noise mitigation strategies. The DEIR misleads the public and elected officials of its reference to compliance with the South Coast Air Quality Management District requirements which only has emissions control and release rule requirements and does not
have anything to do with requiring Zero Emissions or Near Zero Emission Vehicles and Equipment on construction projects.
b. Project does not include a comprehensive Sustainable Construction Policy
1.0 Sustainable Construction Policy
1.1 Sustainable Policy 1.2 Public Interest Responsibility 1.3 Public Safety & Health Responsibility 1.4 Sustainable Goals 1.5 Sustainable Objectives 1.6 Sustainability Steering Committee 1.7 Sustainability Policy & Guidelines Staff Training Program 1.8 Public & Environmental Justice Community Public Relations
2.0 Green Architecture & Sustainable Design
2.1 Green Standards for New Construction
2.1.1 Design With Lowest Total Life-‐Cycle Cost 2.1.2 Design With Minimum Utility Infrastructure Costs 2.1.3 Minimum Aesthetic Impacts 2.1.4 Minimizing Design For Actual Space Needed 2.1.5 Minimizing Design & Construction Costs 2.1.6 Maximum Artistic Appearance 2.1.7 Maximum Solar Energy/Alternative Energy 2.1.8 Minimum Heat Island Effect Generation 2.1.9 Light Pollution Reduction 2.1.10 Minimize Internal Acoustic Noise 2.1.11 Maximize Ambient Noise Reduction 2.1.12 Minimize Runoff & Erosion 2.1.13 Minimize Hazardous & Toxic Thermal Insulation 2.1.14 Low Maintenance 2.1.15 Traffic Congestion 2.1.16 Earthquake 2.1.17 Cascading Event Danger Prevention
2.2 Green Standards For Operation & Maintenance of Buildings, Facilities,
Infrastructure & Equipment
2.3 Green Landscaping
2.3.1 Maximum Green Landscaping 2.3.2 Green Walkways 2.3.3 Ecosystem Sustainability 2.3.4 Watershed Sustainability
3.0 Positive ROI Efficiency
3.1.1 Energy Star Efficiency 3.1.2 Water Efficiency 3.1.3 Natural Gas Efficiency
4.0 Sound Proofing
4.1.1 Minimize all ambient noise impacts 4.1.2 Public Noise Impact Mitigation must be STC 65 Rating or above 4.1.3 Project must comply with the World Health Organization Community
Noise Guidelines. City ordinances do not meet current medical, science, technology standards & recommendations.
5.0 Zero & Near Emissions Technologies
5.1 # 1 priority is the use of zero emissions construction & operating equipment 5.2 # 2 priority is the use of near-‐zero emissions construction &
Operating equipment
6.0 Green & Socially Responsible Procurement
6.1 Local Manufacturers/Suppliers/Made in USA 6.2 Local Equity Contractors/Subcontractors & Workforce Diversity 6.3 Social Equity-‐Small/Minority/Women Business Contractors WBE/WBE 6.4 Bulk Product Price Discount Purchases & Price Lock-‐In
6.5 Social Responsible Purchasing -‐ Minimum Credit Financing
7.0 Green Products & Materials
7.1 Reclaimed/Remanufactured Products & Materials 7.2 Recycled Composite Products & Materials 7.3 Recyclable Products & Materials 7.4 Zero/Near Zero VOC Products & Materials 7.5 Non-‐Greenhouse/HFC Gas Products & Materials 7.6 Non-‐Toxic Products & Materials 7.7 Non-‐Allergenic Products & Materials 7.8 Biodegradable Products & Materials 7.9 Compostable Products & Materials 7.10 Non-‐Chlorine Bleached Products & Materials 7.11 Non-‐Flammable/Combustible/Explosive 7.12 Non-‐Chemical Leaching 7.13 Non-‐Radioactive 7.14 Non-‐Heat Absorbent & Radiating 7.15 Water Proof/Resistant & Moisture Proof/Resistant 7.16 Rust Proof/Resistant 7.17 Durable Long Lasting & Extended Warranty 7.18 Low Carbon Footprint
7.18.1 Concrete/Cement
7.18.2 Asphalt
8.0 Construction Guidelines
8.1 ECO Planning Staging Areas 8.2 Minimum ECO Impacts To Neighboring Areas
9. Resource Conservation
“Preserving the earth’s resources for future generations.”
10. Waste Management
10.1 Minimum Waste Land Disposal 10.2 Maximum recycling
11. Integrated Pest Management
7. The EIR & Tunnel Alternatives conclude that Impact to EJ Populations would not result in adverse impacts that are more severe or greater in magnitude than Non-‐EJ Populations when in fact they will have more negative socio-‐economic impacts
a. EJ Populations are the majority of low income and minority populations affected and cannot afford mandatory toll lanes.
b. EJ Populations are the majority of low income and minority populations and cannot afford increased city, county, state taxes due to Caltrans projects, long term maintenance & future replacement costs.
c. EJ Populations are the majority of low income and minority populations and cannot afford extra health care services & costs due to any project health impacts on sensitive receptor populations & protected classes.
d. EJ Populations are the majority of low income and minority populations and cannot afford delays in emergency care, which are compounded when there are diversions of public & private emergency response services to Caltrans projects, freeways, highways, bridges and public streets.
e. EJ Populations are the majority of low income and minority populations and cannot afford increased public transit fares or tolls imposed or caused by the Caltrans Project and its proposed mitigation measures.
f. EJ Populations are the majority of low income and minority populations are more dependent on public transportation to go to doctor appointments and family care services who will miss appointments due to delays in construction and future traffic congestion from the proposed Tunnel Alternatives and its proposed mitigation measures.
g. EJ Populations are the majority of low income and minority populations are more dependent on public transportation to get to their jobs who will be impacted due to project construction and traffic congestion from the Caltrans Project, local city/county transportation infrastructure proposed changes and its proposed mitigation measures.
h. EJ Populations are the majority of low income and minority populations with large families of children, with more disabilities and elderly who walk and take public transportation who
will have increased safety risks due to project construction and traffic congestion from the Caltrans Project, local city/county transportation infrastructure proposed changes and its proposed mitigation measures.
i. EJ Populations will experience less public services and longer service times and higher fees due to cities and the county diverting funds to support the long term maintenance and operation of the Caltrans Project, local city/county transportation infrastructure proposed changes and its proposed mitigation measures.
j. The EIR and SR710 North Study conclusions and assumptions that EJ Community businesses will not be impacted due to other available land properties nearby where they can be relocated is not correct. Other properties may have higher rental/lease costs, higher purchase costs, higher utilities relocation costs, higher risk to theft, higher risk to possible gang locations, lower police service area and higher insurance rates. May not have public transportation on the corner, may not have sidewalks and adequate public parking and may have zoning restrictions. May not be cleaner, may have higher blight nearby and no aesthetic visual pleasing surrounding neighborhoods. Customers and clients may not have private transportation to get to the new location because they walk or take public transportation as assumed and stated.
k. EJ Populations and communities who are the most negatively socio-‐economically impacted by the project have no assurances or guarantees that they will be the first hired or subcontracted to work on the project and its future maintenance.
l. The EIR and SR710 North Study did not assess impacts to EJ Communities within 10 miles bordering and near the South Portal Area and North Portal Area where congestion would be at the highest and building up to.
8. The EIR & Tunnel Alternatives did not include a Health Impact Assessment, Public Health Survey & the CalEPA/OEHHA CalEnviroScreen to determine the public health status & impacts of the project & establish a Public Health Baseline
a. Caltrans failed to include the California Environmental Protection Agency (CalEPA)-‐ Office of Environmental Health Hazard Assessment (OEHHA) California Communities Environmental Health Screening Tool: CalEnviroScreen as a screening methodology that can be used to help identify California communities that are disproportionately burdened by multiple sources of pollution.
b. Caltrans failed to include the use of a Health Impact Assessment (HIA), which is a more comprehensive Public Health Assessment Tool as compared to a Health Risk Assessment (HRA).
c. Caltrans failed to include the use of a Public Health Survey (PHS) as part of a Health Impact Assessment (HIA), which is a more comprehensive Public Health Assessment Tool as compared to a Health Risk Assessment (HRA). An HRA basically only tells you how many people might die of cancer over 70 years as a result of the project and contains no local project impact population public health data. An HIA and PHS provides a comprehensive Public Health Baseline (PHB) for which to determine the current public health of a specific project area and EJ Community population and allows the accurate determination of appropriate mitigation for short term and long term project public health impacts.
d. Caltrans & the HRA can provide no accurate information of the number of SR710 Transportation Corridor Residents, Sensitive Receptors and Title VI Protected Classes
afflicted with Asthma, Bronchitis, Sinusitis, Emphysema, COPD, Lung cancer or any other health problem.
e. Caltrans & the HRA can provide no accurate information on the severity of public health problems, the length of time afflicted, loss of income, cost of health care or the availability of necessary health care services, medicines or equipment. An HIA could also disclose the loss of state funds a negative community socio-‐economic impact for local public schools due to missed schools days, thus impacting the quality of education and services of children.
f. Caltrans & the HRA can provide no accurate information on the number of people who have died from COPD, an Acute Asthma Attach or other respiratory disease, blood disease or other medical health condition.
g. Caltrans & the HRA can provide no accurate information on the cumulative impact of multiple health problems and socio-‐economic impacts to residents.
9. The EIR & Tunnel Alternatives did not include a requirement for compliance to CARB & SCAQM land use guidelines
a. Cal/EPA California Air Resources Board: Air Quality & Land Use Handbook: A Community Health Perspective -‐ April 2005
b. South Coast Air Quality Management District: Guidance Document for Addressing Air Quality Issues in General Plans and Local Planning -‐ May 6, 2005
10. The EIR & Tunnel Alternatives did not include a mitigation requirement to use Zero Emission Electric Buses
There are now available Zero Emission Electric 60’ Articulated Buses that Metro can incorporate into its fleet that could use the new SR710 North Transportation Corridor but were not identified as potential mitigation.
Coalition For A Safe Environment Mission Statement is -‐ To protect, promote, preserve and restore our Mother Earth’s delicate ecology, environment, natural resources and wildlife. To attain Environmental Justice in international trade marine ports, goods movement transportation corridors, petroleum and energy industry communities. CFASE has members in over 25 cities in Los Angeles County and many which border the SR710 transportation corridor and project area. Respectfully Submitted,
Jesse N. Marquez Executive Director Mizi Sphak Executive Director Action Now Drew Wood Executive Director California Kids IAQ Ricardo Pulido Executive Director Community Dreams
Roger Kintz
http://www.dot.ca.gov/dist07/resources/envdocs/docs/710study/draft_eir-‐eis/hearings/150415_Boards_Final.pdf http://www.dot.ca.gov/dist07/resources/envdocs/docs/710study/draft_eir-‐eis/SR%20710%20No.%20Study%20Draft%20EIR_EIS%20Vol%20I%20Rpt.pdf http://www.dot.ca.gov/dist07/resources/envdocs/docs/710study/draft_eir-‐eis/