Notes

Slide Show

Outline

1	Neighbors for Wintersburg Wetlands Restoration
2	1997 City Parcel Wetlands Delineation is Deficient Incomplete analysis of aerial photography evidence (no rainfall correlation) Topography and soils have changed Insufficient hydrological testing 5-year expiration date rapidly approaching Current federal delineation manual has never been used for this parcel
3	EIR Aerial Photography With Rainfall Correlation Performed by the Opposition
4	1/31/70 – EIR – ponding 22+ days – way below avg season
5	2/25/80 – EIR – ponding 29+ days – above avg season
6	3/19/86 – EIR – ponding 11+ days – avg season
7	Opposition Aerial Photography With Rainfall Correlation
8	5/1/67 – ponding 32+ days – avg season
9	3/15/81 – ponding 20+ days - way below avg season
10	3/4/92 – ponding 29+ days – avg season (looking east)
11	The so-called “ephemeral channel” 3/14/94
12	Total precipitation (inches) for seasons with 18 or more consecutive days of ponding
13	Prior Converted Croplands or Farmed Wetlands? Prior Converted Cropland – inundation for 14 or less consecutive days Farmed Wetlands – inundation for 15 or more consecutive days (subject to CWA Section 404 regulations) in at least 51% of rain seasons Our current photographic database can prove Farmed Wetlands status in 44% of seasons since 1966-1967
14	Topography and Soils Have Changed
15	5/1/67
16	2/19/83
17	Now you see it -- March 10, 1998
18	“Farming” or illegal grading? You decide! April 22, 1998
19	Now you don’t – late 1999 or 2000
20	But it still ponded…
21	March 14, 2001 Problem: Too Much Ponding
22	March 28, 2001 Solution: More Illegal Grading
23	Insufficient Hydrological Testing Avoiding the “interesting” locations
24	Water test pit locations – March 1997
25	5-Year Expiration Date Rapidly Approaching Delineations are only valid for 5 years, and the last one is getting old: 11/23/96 first site visit (nearly 6 years ago) 07/11/97 amended final draft (over 5 years ago) 11/20/97 last site visit (4 years 11 months ago) 12/17/97 Lisa Kegarice delineation letter sent (4 years 10 months ago)
26	Current Federal Delineation Rules Have Never Been Used! 1987 USACE delineation manual was referenced in the 1997 delineation 1994 Memorandum of Agreement said that the National Food Safety Act Manual (NFSAM) will be used for federal delineations of agricultural land NFSAM updated in 1996 with “Field Indicators of Hydric Soils” A new delineation must be performed using NFSAM!
27	Wetlands Summary Proven ponding tendencies (not just El Nino years) Repeated, unpermitted actions by Shea to prevent future ponding Sloppy, improper, no longer valid wetlands delineation of the city parcel EIR should not be certified without a new wetlands delineation for the city parcel
28	Other EIR Deficiencies Traffic issues Flood issues Water quality issues Subsidence issues Fire response issues …and many more…