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San Francisco Boardsailing Association TREASURE ISLAND / YERBA BUENA ISLAND REDEVELOPMENT PROJECT COMMENTS AND RESPONSES DOCUMENT TABLE OF CONTENTS VOLUME 2 APPENDICES A. DEIR Comment Letters B. Transcript of Draft EIR Public Hearing March 10, 2011 ii Treasure Island / Yerba Buena Island Case No. 2007.0903E Redevelopment Project EIR Comments & Responses APPENDIX A. DEIR COMMENT LETTERS Letter 1 . Mald"g San Francisc Boy Bi'ler August 4,2010 President Owen Stephens & Commissioners President Ron Miguel & Commissioners Treasure Island Development Authority San Francisco Planning Commission c/o Peter Summervile, Secretary c/o Linda Avery 1 Avenue of the Palms, 2nd Floor 1660 Mission Street, #400 San Francisco, CA 94130 San Francisco, CA 94103 SUBJECT: Treasure Island Draft Environmental Impact Report Dear President Stephens, President Miguel and Commissioners: I am writing to provide you with our staff's initial comments on portons of the Treasure Island Draft Environmental Impact Report pertaining to sea level rise. We wil be providing further comments on or before the comment submission deadline of August 26, 2010, but I wanted to convey our overall support for the manner in which the issue of sea level rise is being addressed in the Treasure Island project. We are proud that BCDC has been recognized as a leader in the development of sea level rise policy for the Bay Area. As part of our work, we actively participated with other depart- ments in the Californa Natural Resources Agency in draftig the State of Californa's inter- agency 2009 Climate Adaptation Strategy, and we are currently working on amendments to our Commission's San Francisco Bay Plan to address this critical issue. The Treasure Island project has already eared praise from locaL, state, national, and inter- national governmental agencies and NGO's for its innovative approach to sea level rise and general sustain abilty measures. For example, as the attached letter indicates, Governor Schwarzenegger has recognized the City's approach on the Treasure Island project for its compliance and consistency with the State of California's Climate Adaptation Strategy. Our staff has worked closely wIth the Treasure Island Development Authority (TID A) and the project developer, Treasure Island Community Development, LLC (TICD), for the past thee years on potential sea level rise issues and adaptation strategies to address this challenge. The TIDA's and TICD's abilty to understand the complexities that must be confronted on this criti- cal long-term issue has been impressive. In addition, their techncal and engineering responses have been well thought-out and innovative, and their commitment to long-term adaption strategies, including funding those strategies, wil ensure that ths ABAG Priority Development Area wil be well positioned to protect the community from future sea level rise. The imple- mentation of the proposed anticipatory design and adaptive management approach offers the promise of becoming an example of techniques for sea level rise protection for other communi- ties in the Bay Area and beyond. WILL TRAVIS Executive Director StBle of CaHfomla . SAN FRNCISCO BA Y CONSERVATION AND DEVELOPMENT COMMISSION . ArTJId Schwarzenegger, Governor 50 Cainornla Street, Suite 2600. San Francisco, California 94111 . (415) 352.3600. Fax: (415) 352-3606 . [email protected] . ww.bcc.ca.gov Letter 1 08/05/2010 09: 15 14159297715 CHODEN PAGE 01/17 Letter 2 To: San Francisco Dept. of Planing Attntion: Bil Wycko, Environmental Review Offcer Fr: Bernrd Choden (em: [email protected]) Re: Response to the DEIR for Treasure Island Aug. 5,2010 I believe that "due dilgence" has not been exercised for findings regarding the ownershìp of Treasure Island and the proposed seismic safety mitigation for associated development proposals. 1. The State of California owns the development site in perpetuity by virtue of federal law "The Arkansas Act of 1850" gave all states stewardship of coastal wetlands below mean high tide as of September 1850. Authenticating correspondence by state offc:als involving Hamilton Airbase, an analogous situation, is appended. The DEIR on page IV.A 12 asserts that state legislation in 1942 and 1997 both empowered the tranfer of Treasure Island to the Navy, a wartime exercise as with Hamilton Ajrbase, and the releasc of Treasure Island 'from the terms of the Tidelands Trust. State law does not trump federal law despite many invalid challenges by the state attempting to do so. The question of oVvership underlies the 1 egalit)' and effcacy of the control of uses and resources needed to mitigate the impacts oftbc proposed development. This issue is fudamental to the integrity and accuracy of the DETR. The draft also indicates a legislatively approved trade of possible Tide Lands Trust sites for island perimeter sites that for the most part are very much below water and likely to remain so. The sea level is expected to rise 2.5 feet during the time expected for islands initial development and far more during the development's overall economic life. These deepening submerged lands traded to the Tmst cannot be expected to be equivalent value for state purposes. This is a farcical replay of the fabled Florida scams related to sale of swamp lands in the 1920's. 2. The near liquefaction of Treasure Island during the moderate Lorna Prieta earthquake of 1989 should give rise to the especial seismic safety requirements required to both ensure the survivability of occupants and structural developments. The DEIR on pages II. 72 thru 76 raises skepticism as to this possibillty. For one, compacting sand cannot rea.ch the density of even sandstone or consolidated rock and therefore cannot be expected to provide a safe seismic underpinning. Fwther, foundation mats, while structurally useful, cannot be secnre if their underpinnings are liquefiable. One means of testing thc viabilty ofthc proposed seismic security measure is for the developers and city to provide evidence of the fiscal insurability of both the survivabilty ofthe island's occupant~ and its development and to demonstrate so before the DEIR is approved. It is necessar to secure significant evidence of tests of these seismic safety measurcs bcfore approval of the DETR 08/05/2010 09: 15 14159297715 CHODEN PAGE 02/17 Letter 2 ~e of CcSl~ii , -. :eincrandum. , APPENDIX: DEIR TREASURE ISI.ANDø7 5 _ c A~nold c. S t.e.ruberg ~ .~ve3ãer ~ ~ -i~ D CI-i '" 1 d ~. C i' o'w Waye.e Sc.hel1 .ta,c.k ,HArrison vi ~!O! John Kramer (COut1B~i 'R@SÐ1:rCêS, Agency) __, r- '''- t' ."alter Cook (CoupselS tate., l.Quds Coniii:ts s ion) .§ Ge- -i ~.f ~~'.."fI?J.w-, m : DIPARTM!NT OF MOUSING AM ~"""1 E:lYkOPENT DMlION or ræ~A~H Ar.iD PO¡'IC" Ðl'V!iQFM!N .~ Ramilton A1rbase pci~cy Propc~ai I. BAC:RGROUND, Th@ a~tached maps A and ~ 'and 1~8ê~d i~diaa~e the ~YP~8 ø£ ~ärc.ei~ w1i1ch unde t' 1 Y t.h e. .sppr oi;1ma tel y i 800' a a.re$ 0-£ Ilamil ton A.:rbs.'s e. Ð1sc,uasions witÍl W'alt.i::r Cook have ini:Hc.ated' tha.t 8.' sube:,tati1:i.al' portion of this land is, with vary'1ng degre'2s of' pr'o~a:b.11it:Y:t rec:overabl e by tha s t a t.e. 1. Sübæerged Lands ThettE~ lFl"'d2 2:':: .:cy~re.ign laTlcls by v1lrtue of b,av1n-g bEle'! ceded to t:he st:a.te iõh~n Califo::ni.E.joine.d t:;h~ lTni,on:fn 1850. ;&31 state la,:w.1I tbe stat~'s use ~£ such lands ig limited ~o f1gh~ries, ~lld' life, ga:me~ and n,~.viga1:.iÎonQi p'Urpose.s~ 'Tbå' areas 1:0 th~ east and :f.n- cluding Ps.rcel TtL 31, Map B, ar2 lands whi~h fall intD this cacegor, , and which ca~ be readily rnaoqu1:rêd by ~h~ stnCe through legal ac tion. Vegeta:t1op pi:ior to 1851, ceased at: thè w~st:~r'D ,ti(l'uadaxy li.ne. of this parcel, thus implying ~he e~i~cance of m~dfiatgo~ tbes~ p~tCe.19 a~ r:hat time.. I'arcel€ TL 179,178,175, 'TLL S(c). ai)d TtS 210 rE!'Pr~s,p-nt patents for use which have lapsed and, there£~ra, ~he9 ~ lands a~pear ' ~e~iainable withoQC chall~~ge. The r&maindar Df this subm~rge4 1:and wa,$ :patented wit:h p~rm'1sBion' tGl build. a .1aveG!. Eoweve.1:, such ,pat@n~s did not negate the State ~s sòv~reign right, to trespass for the maint enan~a of f ishe:ri~s) naviga tton, wil d li£a ~ and ~ame. 2. Wet Lands Congr es a ~ 'in the 1850 .ii rkansas Act:, 8 31'¥ e t: 0 the s t a. t: e.s scvereign:iy over: wet: la..i:ds ~hic:h io.clude lands b.Ei.o~ sea level" .abC7~e mean high ~ida~ and ar~as witb salt marsb veieeati~u~ I:.arly mapa indiC:~1:e' t:'be p't~ec:iice of n:ulmero'Us sC!B.'l1:eore'd !!,.a11! pan,dlS and ~luices ~hrougho~ t th~ remaina~r Ð~ ~h~ runw~y aftdmQ1otenQnc~ shop a :res ex tend ing n~ 'I i:l:wes t up to .an~ 'inci ud i'fi,g parcl Sand 0 69. The state granted pai:ent.$ for the use 'Of t'bial;an-d. Rot.ever ~ S¡.C 08/05/2010 09: 15 14159297715 CHODEN PAGE 03/17 ~ Letter 2 -2'" -4t .. ',fi. feels thb area i. worth lidSat.oii 0" th" bas:!' of tha a.es .,,4 . cl'f .the l!c:ol08iC.$.i.p~otection righ.t:s .i:o-tQd ~ The s.ta.'t~ argi.e.s chs..t.
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