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Chapter 7: Public and Agency Coordination Rancho Palos Verdes,California Draft Feasibility Report Chapter 7. Public and Agency Coordination Public Workshops and Meetings Public workshops and meetings were held during the Reconnaissance Phase and at the initiation of the Feasibility Study to obtain interested parties views and comments on the problems and needs and desired solutions to restore the pristine hard bottom benthic ecosystem and kelp forest conditions that existed along the Portuguese Bend area prior to the activation of the landslide in 1956. At the public workshop held on 26 April 1995, a number of interests expressed support for restoring the study and pursuit of the restoration objective. A number of concerns were raised on whether the purpose of the study was to try and stabilize the landslide and allow for future development within the moratorium area. City officials emphasized that the study is looking only at what can be done to restore the marine habitat conditions. Throughout the Feasibility Study, the progress and results of the investigations were coordinated with City officials and other interested parties that requested status of the studies and results to date. Agency Coordination During the Feasibility Study, coordination with the U.S. Fish and Wildlife Service (USFWS)was conducted in accordance with the Fish and Wildlife Coordination Act. The USFWS along with Department of Commerce, National Marine Fisheries, California Department of Fish and Game, other Department of Interior interests, participated in the technical team to determine acceptable methods for evaluating habitat values, and analyze the effectiveness of alternative Plans. The U.S. Environmental Protection Agency and the Los Angeles County Sanitation District provided input on contamination conditions in the Study Area and adjacent surrounding area, particularly as related to historic problem at Whites Point Outfall and associated contaminated conditions in Santa Monica Bay. The USFWS provided the Corps of Engineers with a Planning Aid Letter in December 1996 and Draft Coordination Act Report(DCAR) in April 1999, which present their views and recommendations concerning the Corps of Engineers study results and the potential improvements to restore hard bottom habitat and kelp forests along Portuguese Bend and improve ecosystem conditions downcoast. All USFWS recommendations have been given full consideration. The USFWS and the Corps of Engineers are currently coordinating the DCAR with the National Marine Fisheries Service and the California Department of Fish and Game. The Fish and Wildlife Service indicates that they are not convinced that sediment deposition and increased turbidity from the landslide are adversely impacting the rocky bottom/kelp forest ecosystem along Portuguese Bend and downcoast areas. USFWS made the following 41111 7-1 recommendations to minimize negative impacts to fish and wildlife resources in general, and federally listed and sensitive species in particular: 41110. 1. The extent to which materials derived from the Portuguese Bend landslide are covering or effectively capping, underlying contaminant (primarily DDT and its derivatives) laden sediments has not been fully evaluated. Recent surveys show DDT laden sediments are being covered by landslide derived sediments within and at the edges of the Corps of Engineers' currently defined Study Area. The Study Area, and sediment surveys should therefore be expanded to encompass the entire area that could reasonably be expected to be affected by the proposed project. This area would include, at a minimum, all areas which the Corps of Engineers is claiming benefits due to sediment reduction. 2. The Corps of Engineers has stated that it will not evaluate the impact of its proposed project on the Portuguese Bend landslide. In the absence of a thorough analysis it is unclear a)what impacts the proposed project may have on terrestrial species; b) if the Corps of Engineers currently defined Study Area includes all terrestrial areas for which impacts could reasonably be expected to occur, and c) what avoidance/minimization measures would be appropriate. In accordance with the National Environmental Policy Act, the Corps of Engineers should evaluate all of the potential impacts associated with the proposed project including impacts on the Portuguese Bend landslide. 3. Surveys should be conducted throughout the Study Area for the Federal endangered Lyon's pentachaeta and other sensitive plant species. If it is determined that the proposed project may have a significant effect on the Portuguese Bend landslide, the survey, should be expanded to include the entire landslide. i 4. Surveys should be conducted throughout the Study Area for the Federal endangered Palos Verdes blue butterfly and the El Segundo blue butterfly. If it is determined that the proposed project may have a significant effect on the Portuguese Bend landslide, the survey should be expanded to include the entire landslide area. 5. Surveys should be conducted throughout the Study Area for the Federal threatened coastal California gnatcatcher. If it is determined that the proposed project may have a significant effect on the Portuguese Bend landslide, the survey area should be expanded to include the entire landslide area. 6. Surveys should be conducted throughout the Study Area for the Federal endangered Pacific pocket mouse and other sensitive small mammal species, including bats. If it is determined that the proposed project may have a significant effect on the Portuguese Bend landslide, the survey area should be expanded to include the entire landslide area. 7. Surveys should be conducted throughout the Study Area for sensitive reptile species. Based on known ranges and habitat requirements, several Federal sensitive reptile species may occur in the Study Area. 8. The Corps of Engineers should either modify the VRG method to address the concerns of USGS-BRD ecologists, modelers, and HEP specialists, or abandon the method altogether as the basis for it's HEP analysis. If a modified VRG method is used the Corps of ' 7-2 Engineers should clearly state which species or biological communities are the target for the • assessment of"value". The Corps of Engineers should define the term "biological value"that serves the basis for it's HEP-like analysis. 9. The Corps of Engineers should establish performance criteria, monitoring plans, and assurances of success for the restoration effort within the 50-year life of the project. If any of these elements are missing, implementation of the project could result in a permanent loss of rocky intertidal habitat and fail at accomplishing its restoration objective without any accountability. The development of performance criteria, monitoring plans, and assurances should be coordinated with us (USFWS), NMFS (National Marine Fisheries Service), and the California Department of Fish and Game prior to project initiation. 10. We (the U.S. Fish and Wildlife Service) recommend that the Corps of Engineers not submit the proposed project for authorization until the information and determinations outlined above are provided to our agency and we complete our analysis of the potential biological impacts (positive and negative) of your project on fish and terrestrial wildlife resources. The Los Angeles District, Corps of Engineers, along with the Los Angeles District's contractors and marine biological experts (that have historical experience with the Portuguese Bend and Palos Verdes Coast kelp forest ecology) have met with USFWS along with the National Marine Fisheries Service(NMFS) and California Department of Fish and Game (CDFG) to analyze ecosystem quality of the Study Area, causes for degraded conditions, and methods to be used for evaluating habitat value. There has been a general consensus among those participating as well as other interests that have studied the Palos Verdes Peninsula and • in particular, the Portuguese Bend area, that the landslide sediments and associated turbidity have and continue to degrade kelp forest ecology in the Study Area and the method of evaluation is reasonable. The Draft Coordination Act Report(DCAR) appears to use the terms"Palos Verdes Peninsula" and "Portuguese Bend"as interchangeable. In several areas, the USFWS cites the recovery of kelp along the Peninsula's shoreline as evidence that sedimentation and turbidity is not affecting kelp recovery anywhere—which would include Portuguese Bend. As indicated in information presented in the Draft EIS/EIR and in references cited in the document, the fact that kelp existed in Portuguese Bend but does not today, despite recovery efforts by California Fish and Game and others that have been successful along other parts of the Peninsula, supports the adverse impact that landslide sediment and turbidity has had on historic kelp forests and recovery efforts. This is further supported by several reports that specifically cite sedimentation and turbidity as the suspected reason for the absence of kelp in Portuguese Bend. Those reports are: Wilson et al. 1980:85 &90; Pondella and Stephens 1998; Stephens 1990: pg. C-2-1: Pondella et al. 1996:61; all are reports which the Service has used to cited as support of other • arguments made in the DCAR. The observations of Dr. John Stephens and Dan Pondella, both of who have extensively surveyed the Study Area and published in peer-reviewed marine scientific journals for many years and have participated directly in the study efforts, and have also observed a positive recovery of kelp strands in Portuguese Bend Cove after gabions were constructed along the landslide bluff(although this recovery was short-lived after the gabions were destroyed by wave attack and continued landslide movement). 40 . _ 7-3 The Los Angeles District's responses to the ten recommendations contained in the Draft Coordination Act Report are presented in detail in the Draft EIS/EIR and are summarized below: 1. The level of contaminants contained in the sediments that are expected to be uncovered have been sampled and are considered consistent with background levels in the surrounding area and are not expected to cause any significant adverse impacts. In regard to the potential loss of the landslide sediment as a source of material that is covering contaminated areas outside the immediate Portuguese Bend and downcoast areas, coordination with staff from the Environmental Protection Agency that are involved with the Superfund cleanup have indicated that they do not believe the landslide material provides a significant contribution to the covering of contaminated material. This is further supported based on the sediment budget presented in the Feasibility Report and the Coastal Engineering Appendix. It is noted, however, that the Recommended Plan does include a requirement for removal of material behind the containment dike to avoid impacts of the landslide on the dike structure. If considered beneficial, this material can be used to cap offshore contaminated "hot spots"as a disposal plan. This could result in a more effective covering of contaminated area as compared to present conditions where the material is dispersed by wave and current action along a wide area. 2. The Los Angeles District has continuously affirmed to USFWS and other interests, and information is presented in this report and the Draft EIS/EIR that the proposed dike will not affect the Portuguese Bend landslide. In fact the positioning of the dike in the near shore (or offshore) is recognition that any shoreline structure is expected to be repeatedly damaged by the moving land mass. The proposed dike and the buildup of landslide material behind the dike will not change the conditions that would reduce the driving forces or impact on the other causes of the Portuguese Bend landslide. 3,4,5,6 &7. The only requirement of the project that may impact on terrestrial resources are the use of temporary haul roads during construction and future maintenance. The siting of these temporary roads will be performed during final project design and include representatives of USFWS, CDFG, NMFS and other interests as appropriate to avoid any impacts to the noted species. If necessary, a water-based approach to construction and maintenance can be used to avoid significant adverse impacts. 8. In regard to the habitat valuation method used in the habitat valuation analysis, the decision to use the Vantuna Research Group's (VRG) Habitat Valuation technique was the result of a consensus of the opinions of the National Marine Fisheries Service and the California Department of Fish & Game as explained in Section 3.1 of Appendix C to the Draft EIS/EIR. USFWS representatives attended the meetings to develop the methodology, but did not provide any objections at that time. The questions raised by the Service relative to the VRG method as indicated on pages 66-68 of the Draft CAR, are essentially the same as those that appear in a letter from the US Geological Survey, at the request of USFWS, which evaluated the VRG habitat valuation method. VRG responded to those comments which clarify and provide additional information to support the methodology. The USGS letter and VRG response are presented in Appendix C to the EIS/EIR. •7-4 9. A Monitoring and Adaptive Management Plan will be prepared for this Feasibility • Study. The purpose of this Monitoring and Adaptive Management Plan will be to provide a mechanism to evaluate the effectiveness of the restoration measures implemented in this project and implement adaptive changes, if required to obtain project objectives. The Monitoring and Adaptive Management Plan is intended to ascertain whether the project is functioning as per project objectives; adjustments for unforseen circumstances are needed; and changes to structures or their operation or management techniques are required. In this regard, it is noted that if the sediment deposits do not uncover at a reasonable rate, measures to mechanically remove the deposits by dredging have been addressed in this study and appear to be of a reasonable cost and would not result in any significant adverse impact. 10. The Los Angeles District will continue to coordinate with the US Fish and Wildlife Service as part of the public review of the Draft Feasibility Report and Draft EIS/EIR to try and resolve their questions and concerns in completing the final Fish and Wildlife Service Coordination Act Report. Their recommendations will be fully considered in reaching a final decision on the recommended action. The National Marine Fisheries Service and Office of the County Sanitation Districts of Los Angeles reviewed the Planning Aid Report(PAR) issued in 1996 and provided many contrary comments to the analysis and conclusions presented by USFWS staff in the PAR. The Draft CAR includes much of the analysis and conclusions contained in the PAR. The County Sanitation Districts of Los Angeles have long term monitoring data on water quality, sediment conditions, and flora and fauna conditions along the Palos Verdes Peninsula. The two reviewers of the PAR each have over 25 years of monitoring the Palos Verdes shelf. In 410 general, they support the conclusion that the Portuguese Bend landslide has and continues to bury rocky habitat and has increased turbidity significantly downcoast resulting in the loss and degradation of the kelp forest ecosystem as well as the lack of success of restoration efforts. They further indicate that the levels of DDT or derivatives in near shore are non-existent or minimal to be of any concern of being bioavailable and causing adverse impacts. The letters from both agencies are presented in the Draft EIS/EIR. Review of Draft Report And Draft EIS/EIR The Draft Feasibility Report and Draft EIS/EIR will be coordinated with Federal, State and local agencies in accordance with Corps of Engineers guidelines, and in compliance with NEPA and CEQA requirements. This will include further coordination with EPA, USFWS, NMFS, CDFG, California Coastal Commission, Regional Water Quality Control Board, South Coast Air Quality District, Los Angeles County Agencies, and all other interests. A formal public meeting will be held to present the study findings, proposed recommendations, respond to questions, and obtain views and comments of all interested parties. The responses received will be documented in the final report and considered in the final decision of The Los Angeles District Engineer and other decision levels of the Corps of Engineers, the Administration, and the Congress. 11. 7-5