Attach_6_Supplemental_Info-CD-0004-17_Conditional_Concurrence_and_Adopted_Findings.pdf

STATE OF CALIFORNIA—NATURAL RESOURCES AGENCY EDMUND G, BROWN. JR.. , GOVERNOR

CALIFORNIA COASTAL COMMISSION

45 FREMONT, SUITE 2000

SAN FRANCISCO, CA 94105- 2219

VOICE AND TDD (415) 904- 5200

FAX ( 415) 904- 5400

December 15, 2017

Russell E. Galipeau, Jr.

Superintendent Channel Islands National Park 1901 Spinnaker Dr.

Ventura, CA 93001

Re: CD-0004-17, National Park Service, Channel Islands National Park Scorpion Pier Replacement Project; Santa Barbara County

Dear Superintendents Galipeau:

On December 13, 2017, by a unanimous vote, the California Coastal Commission conditionally concurred with the above-referenced consistency determination by the National Park Service for replacement of the Scorpion Anchorage pier at Santa Cruz Island.

The Commission’s adopted conditions for consistency determination CD-0004-17, provide:

1. Marine Habitat Survey. PRIOR TO THE INITIATION OF PIER

CONSTRUCTION, NPS shall carry out a complete underwater Marine Habitat Survey (survey) of the project site. The survey shall be carried out during the appropriate season by personnel approved by the Executive Director of the Coastal Commission (“Executive Director”) with appropriate training and expertise in carrying out marine biological surveys and shall be consistent with the appropriate scientific standards and protocols, including the October 2014 California Eelgrass Mitigation Policy and Implementing Guidelines developed by the National Marine Fisheries Service. The survey area shall include the entire shading footprint of the proposed pier and associated gangway, all pile installation sites and all areas in which construction support vessels or barges or their associated anchors would be placed. The survey shall identify, map and provide a narrative description and representative photographs of the types, amounts and locations of marine habitat within the surveyed area, including any areas of exposed rock reef, kelp habitat, and eelgrass beds. The survey shall also record the presence and abundance of any invasive marine algae (such as Sargassum horneri) or black abalone (Haliotis cracherodii) within the surveyed area.

Within 30 days of survey completion, the results of the survey shall be provided to the Executive Director for review. If the results of the survey indicate that kelp habitat, eelgrass, or invasive marine algae is present within the surveyed area, NPS shall not proceed with construction and shall submit a supplemental consistency determination for Commission review.

2. Vessel Mooring Relocation and Replacement. PRIOR TO THE COMPLETION

OF CONSTRUCTION, NPS shall relocate all existing mooring buoys and associated tackle to locations on sandy bottom outside of known eelgrass habitat, in order to minimize contact of the existing tackle with sensitive marine habitat. In addition, at the time of the next regularly scheduled maintenance of the moorings, NPS shall replace the existing mooring tackle with tackle that minimizes contact with the seafloor.

3. Marine Mammal Precautions.

A. A qualified marine mammal observer approved by the Executive Director shall be present at all times during pile drilling and underwater sound-generating installation activities. The monitor shall ensure that NPS and its contractors fully comply with the conditions of this permit related to biological protection.

B. A gradual ramp-up period shall occur whenever starting pile drilling and underwater sound-generating installation activities, and the pile drilling and installation equipment shall be operated at its lowest practicable power setting and shall employ the use of sound dampening techniques and/or devices if such techniques and/or devices can be safely used without interfering with effective operations.

C. Pile drilling and underwater sound-generating installation activities shall be suspended if any marine mammal is observed within 500-meters of the installation site. Prior to the start of pile drilling or underwater sound-generating installation activities, the 500-meter zone shall be monitored for 30 minutes to ensure that it is clear of marine mammals. Pile drilling or underwater sound-generating installation activities shall only commence once the observer has declared the 500-meter zone clear of marine mammals. If the 500-meter zone is not entirely visible (e.g., due to dark, fog, etc.), pile drilling or underwater sound-generating installation activities shall not commence or, if they are already underway, shall not continue. If a marine mammal approaches or enters the 500-meter zone during the course of pile drilling or underwater sound-generating installation activities, those activities shall be halted and delayed until either the animal has voluntarily left and been visually confirmed beyond the shutdown zone or 15 minutes have passed without redetection.

D. The observer shall have the appropriate safety and monitoring equipment adequate to conduct their activities.

4. Submittal of Final Construction Plans. No less than 30 days prior to initiation of construction activities, NPS shall submit to the Executive Director the Final Construction Plans for the pier construction and removal project that includes final pier, roadway and abutment design schematics; configurations of construction, storage and staging areas; and construction plans for the removal of the existing pier structures and installation of the new pier.

5. Protection of Public Access. Construction shall protect and maximize public access, including by complying with the following:

A. Staging and storage of construction equipment and materials (including debris) shall not take place on any area of public beach. Staging and storage of construction equipment and materials shall occur in inland areas at least 50 feet from coastal waters, creeks or drainage courses, if feasible. Construction is prohibited outside of the defined construction, staging, and storage areas.

B. All beaches, beach access points, and other recreational use areas impacted by construction activities shall be restored to their pre-construction condition or better within three days of completion of construction. Any beach sand impacted shall be filtered as necessary to remove all construction debris from the beach.

C. Sand from the beach, cobbles, or shoreline rocks shall not be used for construction material.

6. Water Quality Protection.

A. No preservative-treated wood shall be used in construction of the pier, with the exception that ACZA-treated lumber may be used to construct the pier decking if that lumber is completely and effectively coated with a durable sealant that will minimize leaching and surface dislodgment of the preservative chemicals. The sealant shall be proposed by NPS and approved in writing by the Executive Director. If no such sealant is available, or approval is not granted by the Executive Director, the pier decking shall be constructed from an alternative material instead of treated wood, such as untreated wood, concrete, metal, fiberglass, plastic, wood-plastic composite, or other alternatives that pose a minimal risk of leaching toxic chemicals into the marine environment.

B. NPS shall exercise due diligence in periodically inspecting HDPE wrapped piles on the Scorpion Anchorage Pier and shall immediately undertake any repairs necessary to maintain the wrapping in an intact condition that would not result in the release or discharge of plastic material into the marine environment.

C. An onsite water quality monitor shall be present during all rock drilling and pile installation operations. If the water quality monitor observes any persistent turbidity plumes or uncontrolled discharge of drilling wastes into the marine environment (not including filtered and treated seawater), NPS shall cease drilling operations and repair, correct or modify the drilling operations or drilling waste containment system to prevent the occurrence of additional uncontrolled discharges or turbidity plumes.

D. The discharge of pollutants (such as chemicals, paints, vehicle fluids, petroleum products, asphalt and cement compounds, debris, and trash) into creeks, runoff or coastal waters resulting from construction activities shall be minimized through the use of appropriate BMPs, including:

1. Materials management and waste management BMPs (such as stockpile management, spill prevention, and good housekeeping practices) shall be installed or implemented as needed to minimize pollutant discharge and polluted runoff resulting from staging, storage, and disposal of construction chemicals and materials. BMPs shall include, at a minimum:

a) Covering stockpiled construction materials, soil, and other excavated materials to prevent contact with rain, and protecting all stockpiles from stormwater runoff using temporary perimeter barriers.

b) Cleaning up all leaks, drips, and spills immediately; having a written plan for the clean-up of spills and leaks; and maintaining an inventory of products and chemicals used on site.

c) Proper disposal of all wastes; providing trash receptacles on site;

and covering open trash receptacles during wet weather.

d) Prompt removal of all construction debris from the beach.

e) Detaining, infiltrating, or treating runoff, if needed, prior to conveyance off-site during construction.

2. Fueling and maintenance of construction equipment and vehicles shall be conducted off site, if feasible. Any fueling and maintenance of mobile equipment conducted on site shall not take place on the beach, and shall take place at a designated area located at least 50 feet from coastal waters, creeks or drainage courses, if feasible. The fueling and maintenance area shall be designed to fully contain any spills of fuel, oil, or other contaminants. Equipment that cannot be feasibly relocated to a designated fueling and maintenance area (such as cranes) may be fueled and maintained in other areas of the site, provided that procedures are implemented to fully contain any potential spills.

E. Construction taking place in, over, or adjacent to coastal waters and habitat shall protect the coastal waters and habitat by implementing additional BMPs, including:

1. Other than pile installation and installation and use of floating devices to aid in the construction effort or deployed to intercept construction debris for entering the water, construction activity shall not be conducted below the mean high tide line unless tidal waters have receded and the area is part of the authorized work area.

2. Use of anchors and temporary moorings for construction vessels and barges shall be avoided to the extent feasible. Any moorings or anchors that are used shall not be placed within sensitive habitat areas such as eelgrass or kelp beds or areas of rocky reef.

3. All work shall take place during daylight hours, and lighting of the beach and ocean area is prohibited.

4. All construction equipment and materials placed on the beach during daylight construction hours shall be stored beyond the reach of tidal waters. All construction equipment and materials shall be removed in their entirety from the beach area by sunset each day that work occurs. The only exceptions shall be for erosion and sediment controls and/or construction area boundary fencing, where such controls and/or fencing are placed as close to the base of the road revetment/bluff as possible, and are minimized in their extent.

5. Tarps or other devices shall be used to capture debris, dust, oil, grease, rust, dirt, fine particles, and spills to protect the quality of coastal waters.

6. All erosion and sediment controls shall be in place prior to the commencement of construction, as well as at the end of each workday. At a minimum, if grading of the access road is taking place, sediment control BMPs shall be installed at the perimeter of the construction site to prevent construction-related sediment and debris from entering the ocean, waterways, and natural drainage swales or being deposited on the beach.

7. Only rubber-tired construction vehicles shall be allowed on the beach; the only exception shall be that tracked vehicles may be used if the Executive Director agrees that they are required to safely carry out construction.

When transiting on the beach, all construction vehicles shall remain as high on the upper beach as possible, and shall avoid contact with ocean waters and intertidal areas.

8. All debris resulting from construction activities shall be immediately removed from the beach.

7. Lighting. With the exception of navigational and safety lighting required by the

U.S. Coast Guard or temporary lighting used during vessel loading and offloading, no artificial night lighting shall be installed or used on the Scorpion Anchorage Pier.

The Commission determined that, without these conditions, the project would be inconsistent with the enforceable policies of the California Coastal Management Program, specifically the provisions of Section 30230 of the Coastal Act, which requires that (1) marine resources shall be maintained, enhanced, and where feasible, restored; (2) special protection shall be given to areas and species of special biological or economic significance; and (3) uses of the marine environment shall be carried out in a manner that will sustain the biological productivity of coastal waters and that will maintain healthy populations of all species of marine organisms adequate for long-term commercial, recreational, scientific, and educational purposes.

Also relevant to the Commission’s conditions is the enforceable policy contained in Section 30231 of the Coastal Act, which requires that the biological productivity and quality of coastal waters shall be maintained and, where feasible, restored through, among other means, minimizing adverse effects of waste water discharges.

The Commission determined that, only as conditioned, could the replacement of the pier at Scorpion Anchorage be found consistent to the maximum extent practicable with the enforceable policies of the California Coastal Management Program.

The Commission notes that as provided in 15 CFR § 930.4(b), should the National Park Service not agree with the Commission’s conditions of concurrence, then all parties shall treat these conditional concurrences as objections.

The grounds for the Commission’s conditional concurrence are set forth in the attached Adopted Staff Report and Recommendation.

Please notify us if the National Park Service does not agree with the conditions. Feel free to contact me at 805-585-1825, if you have any questions.

Sincerely, Cassidy Teufel

Senior Environmental Scientist Energy, Ocean Resources and Federal Consistency Division

STATE OF CALIFORNIA—NATURAL RESOURCES AGENCY EDMUND G, BROWN. JR.. , GOVERNOR

CALIFORNIA COASTAL COMMISSION

45 FREMONT, SUITE 2000

SAN FRANCISCO, CA 94105- 2219

VOICE AND TDD (415) 904- 5200

FAX ( 415) 904- 5400

W11a

CD Filed: 9/6/2017 60th Day: 11/6/2017 75th Day: 11/21/2017 Extended through: 12/15/2017

Staff: C. Teufel-SF Staff Report: 11/22/2017 Hearing Date: 12/13/2017

STAFF REPORT: ADOPTED FINDINGS

Application No.: CD-0004-17

Applicant: National Park Service - Channel Islands

National Park

Agent: None

Location: Santa Cruz Island, Santa Barbara County.

Project Description: Remove existing 9-ft. wide by 96-ft. long pier gangway structure and install new 18- to 30-ft. wide by 300-ft. long pier within the Scorpion Anchorage area, including up to 71 piles and 1,800 cubic yards of rock rip-rap.

Commission Action: Conditional Concurrence

SUMMARY OF STAFF RECOMMENDATION

The National Park Service (NPS), Channel Islands National Park has submitted a consistency determination for the installation of a new pier within the Scorpion anchorage area of Santa Cruz Island in the Channel Islands National Park. As part of this project, NPS would remove the 9-

CD-0004-17 (National Park Service) foot wide by 96-foot long gangway structure from an existing pier in the same area and re-use it on the new pier. The existing pier is in an area of exposed shallow waters to the north of the new proposed pier site that can often present conditions that are challenging or unsafe for navigation and passenger loading. Because the pier at Scorpion Anchorage provides the primary means of entry for public visitors to the eastern end of Santa Cruz Island (the portion of the island owned and managed by NPS) which provides camping and recreational facilities, NPS is proposing to replace it with a larger, more secure pier at a more southerly location. This new proposed pier would extend into deeper water, allowing it to be safely used by vessels in a wider range of ocean conditions.

At its seaward end, the new proposed pier would include a 30-foot wide by 60-foot long area for passenger loading and unloading, an attached aluminum gangway relocated from the existing pier and a series of 12-inch fiberglass fender piles along the perimeter. From this seaward end, the pier would extend approximately 200-feet to shore, would be 18-feet wide, and would be elevated on a steel support structure stabilized on the seabed with 18-inch steel piles. At its landward end, the pier would extend over the beach and would terminate in a rock rip-rap abutment and improved access road made up of approximately 419-cubic yards of concrete and rock placed inland of the mean high tide line. The surface of the pier would remain an average of 17-ft. above the ocean surface and pass-through access by foot or kayak would be possible during most conditions for much of the pier span.

Coastal Act issues raised by the proposed project include the potential loss or disturbance of sensitive marine habitats located within the proposed pier footprint; the fill of coastal waters and terrestrial wetlands due to the installation of pier piles and the landward abutment; potential adverse impacts to coastal water quality due to accidental discharges or releases of construction materials; the potential for injury or disturbance to marine mammals during piling installation activities; and the temporary loss of public beach use and access during construction.

To address these issues, NPS has proposed to implement a variety of resource protection and mitigation measures, including: (1) carrying out habitat and sensitive wildlife surveys prior to construction; (2) employing marine wildlife observers during pile installation work; (3) removing the existing pier from an area of sensitive marine habitat; and (4) relocating and replacing existing moorings located in an eelgrass bed in order to stop ongoing disturbance that their presence may be causing. These measures would be memorialized and clarified through Conditions 1, 2 and 3. In addition, Conditions 4, 5, 6 and 7 would provide additional protection for coastal water quality, marine wildlife, habitats, and public access through the implementation of water quality best management practices, a prohibition on the use of artificial lighting (beyond what may be required for navigational safety), and the protection of beach access points and beach areas.

With implementation of the NPS proposed impact avoidance and minimization measures and the conditions described above, the Commission staff believes the project will be carried out consistent with the Coastal Act policies related to wetlands, open coastal waters, marine resources, public access, and water quality. The Commission staff recommends the Commission conditionally concur with consistency determination CD-0004-17. The standard of review for this consistency determination is the Chapter 3 policies of the Coastal Act.

TABLE OF CONTENTS

I. FEDERAL AGENCY’S CONSISTENCY DETERMINATION

II. MOTION AND RESOLUTION

III. CONDITIONS

IV. FINDINGS AND DECLARATIONS

A. Background and Project Description B. Federal Consistency C. Coordination and Other Agency Approvals D. Fill of Wetlands and Open Coastal Waters E. Wetlands, Water Quality and Marine Resources F. Cultural Resources

APPENDICES

Appendix A – Substantive File Documents

EXHIBITS

Exhibit 1 – Project Location Exhibit 2 – Proposed Pier Location and Configuration Exhibit 3 – Proposed Pier Abutment Design Exhibit 4 - NPS and State Historic Preservation Officer Programmatic Agreement https://documents.coastal.ca.gov/reports/2017/12/w11a/w11a-12-2017-exhibits.pdf

I. FEDERAL AGENCY’S CONSISTENCY DETERMINATION

The National Park Service has determined the project consistent to the maximum extent practicable with the California Coastal Management Program (CCMP).

II. MOTION AND RESOLUTION

Motion:

I move that that the Commission conditionally concur with consistency determination CD-0004-17 by concluding that the project would be fully consistent, and thus consistent to the maximum extent practicable, with the enforceable policies of the CCMP, provided the National Park Service agrees to modify the project consistent with the conditions specified below, as provided for in 15 CFR §930.4.

Staff recommends a YES vote on the motion. Passage of this motion will result in a concurrence with the determination of consistency, provided the project is modified in accordance with the recommended conditions, and adoption of the following resolution and findings. An affirmative vote of a majority of the Commissioners present is required to pass the motion.

Resolution:

The Commission hereby conditionally concurs with consistency determination CD-0004-17 by the National Park Service on the grounds that the project will be fully consistent, and thus consistent to the maximum extent practicable, with the enforceable policies of the CCMP, provided the National Park Service agrees to modify the project consistent with the conditions specified below, as provided for in 15 CFR §930.4.

III. CONDITIONS

1. Marine Habitat Survey. PRIOR TO THE INITIATION OF PIER CONSTRUCTION, NPS shall carry out a complete underwater Marine Habitat Survey (survey) of the project site. The survey shall be carried out during the appropriate season by personnel approved by the Executive Director of the Coastal Commission (“Executive Director”) with appropriate training and expertise in carrying out marine biological surveys and shall be consistent with the appropriate scientific standards and protocols, including the October 2014 California Eelgrass Mitigation Policy and Implementing Guidelines developed by the National Marine Fisheries Service. The survey area shall include the entire shading footprint of the proposed pier and associated gangway, all pile installation sites and all areas in which construction support vessels or barges or their associated anchors would be placed.

The survey shall identify, map and provide a narrative description and representative photographs of the types, amounts and locations of marine habitat within the surveyed area, including any areas of exposed rock reef, kelp habitat, and eelgrass beds. The survey shall also record the presence and abundance of any invasive marine algae (such as Sargassum horneri) or black abalone (Haliotis cracherodii) within the surveyed area. Within 30 days of survey completion, the results of the survey shall be provided to the Executive Director for review. If the results of the survey indicate that kelp habitat, eelgrass, or invasive marine algae is present within the surveyed area, NPS shall not proceed with construction and shall submit a supplemental consistency determination for Commission review.

2. Vessel Mooring Relocation and Replacement.

PRIOR TO THE COMPLETION OF CONSTRUCTION, NPS shall relocate all existing mooring buoys and associated tackle to locations on sandy bottom outside of known eelgrass habitat, in order to minimize contact of the existing tackle with sensitive marine habitat. In addition, at the time of the next regularly scheduled maintenance of the moorings, NPS shall replace the existing mooring tackle with tackle that minimizes contact with the seafloor.

3. Marine Mammal Precautions.

A. A qualified marine mammal observer approved by the Executive Director shall be present at all times during pile drilling and underwater sound-generating installation activities. The monitor shall ensure that NPS and its contractors fully comply with the conditions of this permit related to biological protection.

B. A gradual ramp-up period shall occur whenever starting pile drilling and underwater sound-generating installation activities, and the pile drilling and installation equipment shall be operated at its lowest practicable power setting and shall employ the use of sound dampening techniques and/or devices if such techniques and/or devices can be safely used without interfering with effective operations.

C. Pile drilling and underwater sound-generating installation activities shall be suspended if any marine mammal is observed within 500-meters of the installation site. Prior to the start of pile drilling or underwater sound-generating installation activities, the 500-meter zone shall be monitored for 30 minutes to ensure that it is clear of marine mammals. Pile drilling or underwater sound-generating installation activities shall only commence once the observer has declared the 500-meter zone clear of marine mammals.

If the 500-meter zone is not entirely visible (e.g., due to dark, fog, etc.), pile drilling or underwater sound-generating installation activities shall not commence or, if they are already underway, shall not continue. If a marine mammal approaches or enters the 500-meter zone during the course of pile drilling or underwater sound-generating installation activities, those activities shall be halted and delayed until either the animal has voluntarily left and been visually confirmed beyond the shutdown zone or 15 minutes have passed without redetection.

D. The observer shall have the appropriate safety and monitoring equipment adequate to conduct their activities.

4. Submittal of Final Construction Plans.

No less than 30 days prior to initiation of construction activities, NPS shall submit to the Executive Director the Final Construction Plans for the pier construction and removal project that includes final pier, roadway and abutment design schematics; configurations of construction, storage and staging areas; and construction plans for the removal of the existing pier structures and installation of the new pier.

5. Protection of Public Access.

Construction shall protect and maximize public access, including by complying with the following:

A. Staging and storage of construction equipment and materials (including debris) shall not take place on any area of public beach. Staging and storage of construction equipment and materials shall occur in inland areas at least 50 feet from coastal waters, creeks or drainage courses, if feasible. Construction is prohibited outside of the defined construction, staging, and storage areas.

B. All beaches, beach access points, and other recreational use areas impacted by construction activities shall be restored to their pre-construction condition or better within three days of completion of construction. Any beach sand impacted shall be filtered as necessary to remove all construction debris from the beach.

C. Sand from the beach, cobbles, or shoreline rocks shall not be used for construction material.

6. Water Quality Protection.

A. No preservative-treated wood shall be used in construction of the pier, with the exception that ACZA-treated lumber may be used to construct the pier decking if that lumber is completely and effectively coated with a durable sealant that will minimize leaching and surface dislodgment of the preservative chemicals. The sealant shall be proposed by NPS and approved in writing by the Executive Director. If no such sealant is available, or approval is not granted by the Executive Director, the pier decking shall be constructed from an alternative material instead of treated wood, such as untreated wood, concrete, metal, fiberglass, plastic, wood-plastic composite, or other alternatives that pose a minimal risk of leaching toxic chemicals into the marine environment.

B. NPS shall exercise due diligence in periodically inspecting HDPE wrapped piles on the Scorpion Anchorage Pier and shall immediately undertake any repairs necessary to maintain the wrapping in an intact condition that would not result in the release or discharge of plastic material into the marine environment.

C. An onsite water quality monitor shall be present during all rock drilling and pile installation operations. If the water quality monitor observes any persistent turbidity plumes or uncontrolled discharge of drilling wastes into the marine environment (not including filtered and treated seawater), NPS shall cease drilling operations and repair, correct or modify the drilling operations or drilling waste containment system to prevent the occurrence of additional uncontrolled discharges or turbidity plumes.

D. The discharge of pollutants (such as chemicals, paints, vehicle fluids, petroleum products, asphalt and cement compounds, debris, and trash) into creeks, runoff or coastal waters resulting from construction activities shall be minimized through the use of appropriate BMPs, including:

1. Materials management and waste management BMPs (such as stockpile management, spill prevention, and good housekeeping practices) shall be installed or implemented as needed to minimize pollutant discharge and polluted runoff resulting from staging, storage, and disposal of construction chemicals and materials. BMPs shall include, at a minimum:

a) Covering stockpiled construction materials, soil, and other excavated materials to prevent contact with rain, and protecting all stockpiles from stormwater runoff using temporary perimeter barriers.

b) Cleaning up all leaks, drips, and spills immediately; having a written plan for the clean-up of spills and leaks; and maintaining an inventory of products and chemicals used on site.

c) Proper disposal of all wastes; providing trash receptacles on site; and covering open trash receptacles during wet weather.

d) Prompt removal of all construction debris from the beach.

e) Detaining, infiltrating, or treating runoff, if needed, prior to conveyance off-site during construction.

2. Fueling and maintenance of construction equipment and vehicles shall be conducted off site, if feasible. Any fueling and maintenance of mobile equipment conducted on site shall not take place on the beach, and shall take place at a designated area located at least 50 feet from coastal waters, creeks or drainage courses, if feasible. The fueling and maintenance area shall be designed to fully contain any spills of fuel, oil, or other contaminants. Equipment that cannot be feasibly relocated to a designated fueling and maintenance area (such as cranes) may be fueled and maintained in other areas of the site, provided that procedures are implemented to fully contain any potential spills.

E. Construction taking place in, over, or adjacent to coastal waters and habitat shall protect the coastal waters and habitat by implementing additional BMPs, including:

1. Other than pile installation and installation and use of floating devices to aid in the construction effort or deployed to intercept construction debris for entering the water, construction activity shall not be conducted below the mean high tide line unless tidal waters have receded and the area is part of the authorized work area.

2. Use of anchors and temporary moorings for construction vessels and barges shall be avoided to the extent feasible. Any moorings or anchors that are used shall not be placed within sensitive habitat areas such as eelgrass or kelp beds or areas of rocky reef.

3. All work shall take place during daylight hours, and lighting of the beach and ocean area is prohibited.

4. All construction equipment and materials placed on the beach during daylight construction hours shall be stored beyond the reach of tidal waters. All construction equipment and materials shall be removed in their entirety from the beach area by sunset each day that work occurs. The only exceptions shall be for erosion and sediment controls and/or construction area boundary fencing, where such controls and/or fencing are placed as close to the base of the road revetment/bluff as possible, and are minimized in their extent.

5. Tarps or other devices shall be used to capture debris, dust, oil, grease, rust, dirt, fine particles, and spills to protect the quality of coastal waters.

6. All erosion and sediment controls shall be in place prior to the commencement of construction, as well as at the end of each workday. At a minimum, if grading of the access road is taking place, sediment control BMPs shall be installed at the perimeter of the construction site to prevent construction-related sediment and debris from entering the ocean, waterways, and natural drainage swales or being deposited on the beach.

7. Only rubber-tired construction vehicles shall be allowed on the beach; the only exception shall be that tracked vehicles may be used if the Executive Director agrees that they are required to safely carry out construction. When transiting on the beach, all construction vehicles shall remain as high on the upper beach as possible, and shall avoid contact with ocean waters and intertidal areas.

8. All debris resulting from construction activities shall be immediately removed from the beach.

7. Lighting.

With the exception of navigational and safety lighting required by the U.S. Coast Guard or temporary lighting used during vessel loading and offloading, no artificial night lighting shall be installed or used on the Scorpion Anchorage Pier.

IV. FINDINGS AND DECLARATIONS

A. BACKGROUND AND PROJECT DESCRIPTION

Santa Cruz Island, one of central California’s Channel Islands, is the most visited island in Channel Islands National Park. Most of the island is owned by The Nature Conservancy, but the National Park Service (NPS) owns and manages approximately 1/3 of the island, including the majority of the island’s eastern end. Within this area, Scorpion Anchorage at the northeastern end of the island (shown in Exhibit 1) serves as the primary entry point for public access to the island and Channel Islands National Park. The pier at Scorpion Anchorage is a critical component of that access. Most park visitors access the park through a ferry service operated by a NPS concessionaire from Channel Islands Harbor in Ventura County. Both the existing and proposed pier sites are located on onshore NPS land and an offshore leased area of state submerged lands. Scorpion Anchorage and the proposed pier site is inside the Scorpion State Marine Reserve – part of California’s statewide system of marine protected areas - and the larger Channel Islands National Marine Sanctuary.

As noted in the project EIS:

Santa Cruz Island provides numerous recreational opportunities including beach activities, hiking trails, a historic district, a 240-person campground, kayaking, swimming, scuba diving, and snorkeling sites. Scorpion Anchorage is a semi-protected ocean environment that poses challenges in making boat-to-pier transitions safely, particularly during strong ocean swell conditions. The existing Scorpion Pier was only intended as a temporary and relatively low cost solution for providing urgent access following the Park Service’s 1996 acquisition of the east end of the island. The existing pier is rapidly deteriorating due to wave action and salt water, and has never fully met administrative or visitor accessibility needs. Disembarkation requires visitors and NPS staff to use ladders in pitching and shifting seas, and it is not safe for boats to approach or dock when tides are low or when wave heights are greater than 1 or 2 feet. The boats are not moored or tied up to the dock because wave action generally makes the boat unsteady; instead, boat operators thrust into contact with the dock during loading and unloading of passengers and cargo. Any adverse swells or surges can easily cause dangerous situations to develop—boat operators are sometimes required to quickly power vessels away from the pier to avoid potential damage or injury.

After disembarking, visitors are required to traverse approximately 400 feet across an access road consisting of a sandy, gravelly, and rocky surface that can be difficult to negotiate, especially for older individuals or visitors with mobility disabilities, while carrying bags, packs, and other gear. This access road must be repaired and re-graded several times per year due to impacts from storms, wave erosion, and the flooding of Scorpion Creek, a nearby seasonal stream.

In response to these issues with the existing Scorpion pier, NPS developed this project to construct a new, larger, more secure pier “to provide a safe, high-quality, and environmentally responsible pier and landside approach to allow year-round access to Santa Cruz Island at Scorpion Anchorage in a variety of weather conditions for visitors and NPS staff. The project will improve the visitor experience; improve the pier while protecting marine and terrestrial environments; improve access for NPS and concessionaire boats; improve passenger, cargo, and operations circulation; protect archeological resources; preserve and enhance the historic and visual character of Scorpion Ranch and the Project area; and improve efficiency and sustainability.”

Specifically, NPS is proposing to construct a longer, wider pier approximately 300 feet south of the existing pier, which is significantly closer to the Scorpion Canyon North Road. This new pier would occupy nearly 7,000-square feet, extend roughly 17-feet above the ocean surface and be supported by 71 12-inch or 18-inch steel and fiberglass piles. Once the new pier is completed, the 732-square foot pier gangway from the existing pier would be removed and attached to the new pier structure. In addition, the timber fender piles attached to the outer perimeter of the existing pier abutment would also be removed. NPS is not currently proposing to remove the existing pier’s seaward and landward concrete abutments as part of this project.

The new pier would accommodate various water depths for safe embarkation and would be equipped with a mobile crane. To access the pier by boat, visitors and NPS staff would use the gangway and landing that would be aligned parallel to the new pier (as shown in Exhibit 2).

The relatively short access road that would connect the new pier terminus to North Scorpion Valley Road would be supported by a steel sheetpile retaining wall that would be protected from extreme waves and flood waters by rock rip-rap armoring installed above the mean high-tide line near the landward edge of the cobblestone beach at Scorpion Anchorage. The road would be paved with an even layer of crushed rock and extended slightly to the south in the direction of Scorpion Creek through the placement of concrete and rock fill material. The total volume of material that would be installed at the landward pier abutment (both rock rip-rap and concrete and rock fill) would be 419-cubic yards, as shown in Exhibit 3. A small stairway would also be constructed to provide beach access from the road and elevated pier.

Once construction is complete, NPS anticipates that site access and arrival options for this area of Santa Cruz Island would be generally consistent with current conditions, although greatly improved in terms of safety and accessibility.

Although the number of visitors to Santa Cruz Island has risen steadily in the past and future visitation levels are anticipated to remain close to maximum capacity, visitor levels are ultimately controlled by the concessionaire contract (which determines the number and frequency of the ferry trips from the mainland coast), weather, and park rules and regulations.

While NPS has stated that the pier would provide improved access and efficiency of operations, it is not expected to inherently increase visitation to Santa Cruz Island.

Construction The proposed pier construction methods are described by NPS in the materials submitted in support of its consistency determination:

The pier would be constructed inside out— meaning, within its own footprint. An air driven rock hammer would be needed to create the borings into the hard volcanic rock in Scorpion Anchorage. The contractor would position a temporary staging platform to support the pile drilling equipment. This platform would not be driven into the ground. Once landside piles are installed, the platform and drilling equipment would be positioned and advanced as portions of the pier have been completed, thus constructing the pier progressively. Bracing and framing would be added before proceeding to the next pile bent. This assemblage of equipment is shown in ATT 5. Barges may be used to supplement, where water depths are sufficient.

The seafloor at Scorpion Anchorage comprises beach deposits consisting of sand, gravel, cobble, and boulder underlain by hard volcanic rock. The bedrock is sufficiently hard enough to preclude any conventional drilling or pile driving, including H-piles with driving shoes. To construct a replacement pier, holes or sockets for the piles would need to be created in the bedrock with a down-the-hole rock hammer drill. An air-driven rock hammer would be needed to create the borings into the hard volcanic rock in the Project area.

Waste materials from the pile drilling process would be extracted, contained, and treated.

Waste water would be filtered and treated and discharged back to the ocean. Rock waste and other solid debris would be transported off site by the contractor and disposed of in an appropriate location. There would be no use of drilling muds. Only rock debris and seawater are expected byproducts of this operation. After sockets are drilled, piles would be placed in the sockets in a pipe casing. Grout would then be placed in the socket to anchor the piles in place and the casing would be subsequently removed. For a graphic depicting this sequence, see ATT 6. For the nearshore portion of the pier, pile installation may be performed with drilling equipment placed on the beach, as opposed to from the pier itself.

The drilling equipment would be powered by diesel-powered air compressors located in the upland or floating barge. The contractor would surround the compressors with a noise wall or shroud to shield visitors, National Park Service staff, and biota from the noise from these compressors.

Staging NPS also describes construction staging activities and areas in the materials submitted in support of its consistency determination:

The primary staging area for construction would be located at the existing kayak storage area inland of Scorpion Beach and south of Scorpion Creek, while secondary staging for construction contractor housing and passive use would be located at the existing corral approximately 0.25 mile inland (ATT 7). Materials and equipment would likely be transported by the contractor on barges or other vessels. During construction, crews would remain on site during the work week to minimize travel costs and maximize their available time on the island. Crews would likely stay in temporary contractor housing facilities (rented trailers) located in the corral staging area. No new facilities would be constructed.

Heavy machinery would not be operated within the corral staging area. During construction, it is likely that access to the park by visitors or employees could be restricted or eliminated for periods of time.

Removal of Existing Pier As part of construction of the new pier, the metal gangway (approximately eight feet wide by 90-feet long) on the existing pier structure shall be removed and relocated for reuse as an access ramp for vessel loading and unloading. Removal and relocation of this gangway would be carried out through the use of a barge mounted crane. The crane would lift the gangway from its existing abutment structures and the barge would be used to bring it to its new proposed location for installation.

B. FEDERAL CONSISTENCY

On September 6, 2017, Commission staff received a consistency determination from the National Park Service (NPS) for the proposed pier replacement project described above. On October 19, NPS extended the Commission’s review period for this consistency determination through December 15, 2017.

Conditional Concurrences Section 15 CFR § 930.4 of the Federal Consistency regulations provides, in part, that:

(a) Federal agencies…should cooperate with State agencies to develop conditions that, if agreed to during the State agency’s consistency review period and included in a . . . Federal agency’s final decision under subpart C … of this part, would allow the State agency to concur with the Federal action. If instead a State agency issues a conditional concurrence:

(1) The State agency shall include in its concurrence letter the conditions which must be satisfied, an explanation of why the conditions are necessary to ensure consistency with specific enforceable policies of the management program, and an identification of the specific enforceable policies. The State agency’s concurrence letter shall also inform the parties that if the requirements of paragraphs (a)(1) through (3) of the section are not met, then all parties shall treat the State agency’s conditional concurrence letter as an objection pursuant to the applicable Subpart and notify, pursuant to §930.63(e), applicants, persons and applicant agencies of the opportunity to appeal the State agency’s objection to the Secretary of Commerce within 30 days after receipt of the State agency’s conditional concurrence/objection or 30 days after receiving notice from the Federal agency that the application will not be approved as amended by the State agency’s conditions; and

(2) The Federal agency (for Subpart C),… shall modify the applicable plan,[or] project proposal, pursuant to the State agency’s conditions. The Federal agency, shall immediately notify the State agency if the State agency’s conditions are not acceptable…;

(b) If the requirements of paragraphs (a)(1) through (3) of this section are not met, then all parties shall treat the State agency’s conditional concurrence as an objection pursuant to the applicable Subpart.

Supplemental Coordination and Supplemental Consistency Determination Section 15 CFR § 930.46 of the Federal Consistency regulations provides that:

(a) For proposed Federal agency activities that were previously determined by the State agency to be consistent with the management program, but which have not yet begun, Federal agencies shall further coordinate with the State agency and prepare a supplemental consistency determination if the proposed activity will affect any coastal use or resource substantially different than originally described. Substantially different coastal effects are reasonably foreseeable if:

(1) The Federal agency makes substantial changes in the proposed activity that are relevant to management program enforceable policies; or

(2) There are significant new circumstances or information relevant to the proposed activity and the proposed activity's effect on any coastal use or resource.

(3) Substantial changes were made to the activity during the period of the State agency's initial review and the State agency did not receive notice of the substantial changes during its review period, and these changes are relevant to management program enforceable policies and/or affect coastal uses or resources.

(b) The State agency may notify the Federal agency and the Director of proposed activities which the State agency believes should be subject to supplemental coordination. The State agency's notification shall include information supporting a finding of substantially different coastal effects than originally described and the relevant enforceable policies, and may recommend modifications to the proposed activity (if any) that would allow the Federal agency to implement the proposed activity consistent with the enforceable policies of the management program. State agency notification under this paragraph (b) does not remove the requirement under paragraph (a) of this section for Federal agencies to notify State agencies.

C. COORDINATION AND OTHER AGENCY APPROVALS

Santa Ynez Band of Chumash Indians As discussed in the report below, over the past several years NPS has carried out extensive coordination and consultation with members of potentially affected tribes, including the Santa Ynez Band of Chumash Indians. Input from this consultation has been integrated into the proposed project and has resulted in several modifications that would minimize its potential to adversely affect cultural and historic resources. In addition, NPS developed a Programmatic Agreement with the State Historic Preservation Officer and local representatives of the Chumash people. This Programmatic Agreement is included as Exhibit 4 to this report and establishes a variety of protective measures and best practices that would be followed during construction.

During its review of the project, Commission staff confirmed with the cultural preservation consultant of the Santa Ynez Band of Chumash Indians that NPS has been consulting with the Tribe and working collaboratively to address their concerns.

California Fish and Game Commission California’s Fish and Game Commission is one of the key state agencies responsible for management and protection of California’s network of marine protected areas. While NPS is not actively seeking discretionary approval from the Fish and Game Commission (FGC) for the proposed pier project, Commission staff coordinated with FGC staff because the project would be located within one of the state’s marine protected areas – specifically, the “no take” Scorpion State Marine Reserve. Commission staff provided input about the project, its potential to result in adverse impacts to the Scorpion State Marine Reserve, its marine habitat and wildlife, and solicited input from Fish and Game Commission staff regarding potential options for avoiding, minimizing and mitigating those impacts.

Calif…