140P8621R0016_-_C1988_010_14_VFinal_0001.pdf

San Francisco Bay Conservation and Development Commission 375 Beale Street, Suite 510, San Francisco, California 94105 tel 415 352 3600 fax 888 348 5190

State of California | Gavin Newsom – Governor | info@bcdc.ca.gov | www.bcdc.ca.gov

BCDC ORIGINAL

LETTER OF AGREEMENT FOR CONSISTENCY

DETERMINATION NO. C1988.010.14

(Originally Issued on September 21, 1988, As Amended Through March 2, 2021)

AMENDMENT NO. FOURTEEN

National Park Service San Francisco Maritime National Historic Park 2 Marina Boulevard, Building E San Francisco, California 94123

I. Agreement

A. The San Francisco Bay Conservation and Development Commission agrees with the determination of the San Francisco Maritime National Historical Park that the following project is consistent with the Commission’s Amended Coastal Zone Management Program for San Francisco Bay.

Location: In the Bay, the 100-foot shoreline band, and within an area designated for Waterfront Park, Beach Priority Use in the Commission’s San Francisco Bay Plan (Bay Plan), at Hyde Street Pier and Aquatic Park, in the City and County of San Francisco.

Description: Repair, improve, and maintain the Hyde Street Pier by doing the following:

1. In the Bay

(a) remove 925 square feet of pier deck;

(b) replace four piles;

(c) replace 9,150 square feet of pier deck;

(d) construct an approximately 80-square-foot portion of a new 4-1/2 feet high concrete seawall under the pier;

(e) place 14 cubic yards of riprap along the face of the new retaining wall; 11, DocuSign Envelope ID: EE515390-D312-4B81-9E38-E08B4F7DCCCCDocuSign Envelope ID: 6D8F54F6-9802-423E-B993-242999F19E69

LETTER OF AGREEMENT FOR CONSISTENCY March 2, 2021 DETERMINATION NO. C1988.010.14 (AMENDMENT NO. FOURTEEN) Page 2

(f) within a fenced area on the new pier deck, relocate the “Tubbs Bldg.” and the “Sea Fox,” construct a new 192-square-foot paint locker, create five parking stalls, and a 192-square-foot outdoor storage area, and install the “Petaluma” paddlewheel and various other small structures associated with boat repair;

(g) berth the historic steam tug “Hercules” on the east side of the pier and install a 420-square-foot dock and 4 dolphins;

(h) replace the gangway to the Steam Tug Hercules by:

(1) removing the existing approximately 45-square-foot aluminum gangway and two, 12-inch-diameter steel pilings; and (2) installing an approximately 400-square-foot steel float, an approximately 107-square-foot aluminum ramp from the pier deck to the steel float, an approxi-mately 22.75-square-foot aluminum ramp from the steel float to the ship, and three, 24-inch-diameter steel pilings;

(i) replace an existing 500-square-foot temporary trailer by constructing a new 2,400-square-foot, 24-foot-high maintenance and office building, move the Tubb’s Cordage Building and Sea Fox Pilothouse approximately 40 feet north, and move the May tugboat display approximately 50 feet south and across the Pier. The existing trailer will be temporarily placed approximately 200 feet south and across the pier during construction, and then removed from the site after construction is completed;

(j) repair the existing seawall north of the National Maritime Museum Building by excavating approximately 1,175 cubic yards of existing wall footing, install 835 linear feet of reinforced concrete wall in front of the existing seawall, inject 1,200 cubic yards of cement grout under the seawall, install 1,175 cubic yards of armor rock underlain by filter fabric, and replenishing 100 cubic yards of beach sand at the east end of the repair location;

(k) remove an approximately 1,672-square-foot gangway and access ramp to the ferryboat Eureka and replace it with an approximately 1,408-square-foot gangway and access ramp that better meets accessibility requirements; and

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(l) improve the existing sewer system by constructing sewer lift stations aboard the Thayer and Eureka, install force-main connections at seven locations along the pier, and install along the length of the pier a three-inch-in-diameter force main under the pier decking, and at the Sea Scout base at Aquatic Park, improve, replace in-kind, use and maintain berths by installing four 8-foot-wide and 20-foot-long wooden, floating docks totaling 640 square feet of new Bay fill.; and

(m) remove two floating docks and four 12-inch steel piles for a total of 1,084 square feet of removed former dock and

3.5 cubic yards of in-water fill, and replace it with a new floating dock and installing four 18-inch steel piles and a new aluminum gangway, constituting 1,406 square feet of overwater coverage and 8.5 cubic yards of in-water fill (Amendment No. 14).

2. Within the 100-foot shoreline band

(a) replace 1,200 square feet of pier deck;

(b) construct the remaining 160 square feet of the new concrete seawall;

(c) permanently move the approximately 800-square-foot maritime store from its existing location at the eastern side of the Hyde Street forepier to the southwest corner of the forepier;

(d) improve the facade of the maritime store by extending the facade 10 feet and adding a bay window;

(e) install an approximately 700-square-foot restroom on the eastern side of the forepier, next to the small boat shop;

(f) install a 4-foot by 6-foot by 7-foot ticket booth, rope, and stanchions for no longer than one year between the Eureka ramp and the Sea Fox;

(g) install five, 160-square-foot, floating finger piers and five, 12-inch-in-diameter, epoxy-coated steel pilings;

(h) replace the existing awning over the small boat shop with a new wooden trellis structure; and

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(i) install a 3,240-linear-foot fence to enclose an approximately 19,600-square-foot area where 1,400 linear feet of railroad tracks will be removed and the track removal area backfilled to create a level public promenade surface (Amendment No. 13).

B. This amended agreement is given based on the information submitted by or on behalf of the San Francisco Maritime National Historic Park in its consistency determination dated July 12, 1988, its letters dated August 6, 1990, October 1, 1991, August 5, 1993, June 4, 1993, August 4, 1994, September 18, 1996, April 15, 1997, June 2, 1997, September 3, 1997, August 13, 1998, January 11, 2001, and June 13, 2013, requesting Amendment Nos. One, Two, Three, Four, Five, Six, Seven, Eight, Nine, Ten, Eleven, respectively, its application dated June 2, 2015, requesting Amendment No. Twelve, and the letter dated September 14 2016, requesting Amendment No. Thirteen, and the letter dated August 25, 2020, requesting Amendment No. Fourteen, including all accompanying and subsequently submitted exhibits and correspondence.

II. Special Conditions

A. In-Kind Repairs and Maintenance. Any in-kind repairs and maintenance of the facilities authorized project shall only use construction material that is approved for use in San Francisco Bay by BCDC and the San Francisco Regional Water Quality Control Board. Construction shall only occur during current approved months during the year to avoid potential impacts to fish and wildlife. BCDC staff should be contacted to confirm current restrictions (Amendment No. Eleven).

B. Creosote Treated Wood. No pilings or other wood structures that have been pressure treated with creosote shall be used in any area subject to tidal action in the Bay or any certain waterway, in any salt pond, or in any managed wetland within the Commission’s jurisdiction as part of the project authorized herein (Amendment No. Eleven).

C. Abandonment. If, at any time, the Commission determines that the improvements in the Bay authorized herein, have been abandoned for a period of two years or more, or have deteriorated to the point that public health, safety or welfare is adversely affected, the Commission may require that the improvements be removed by the permittee, its assignee or successor in interest, or by the owner of the improvements, within 60 days or such other reasonable time as the Commission may direct (Amendment No. Eleven).

D. Construction Plans, Schedule, and Material Removal (Amendment No. 13). The improvements, which are the subject of Amendment No. 13, shall be conducted generally in conformance with plans titled “Track Removal,” prepared by Wiss, Janney, Elstiner Associates, and dated March 23, 2016. The construction activities shall occur over a four-month period only. No extension of construction activity is allowed unless and until further review and approval of such activity is considered and provided in writing by or on behalf of the

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DETERMINATION NO. C1988.010.14 (AMENDMENT NO. FOURTEEN) Page 5

Commission. All construction materials, including fencing, shall be removed from the construction area no later than seven (7) working days following the completion of the construction.

E. Public Access (Amendment No. 13).

1. Beach Access. The construction activity and the fencing, which are the subject of Amendment No. 13 of this consistency determination, shall occur and be installed in a manner that does not obstruct public access at the adjacent beach and from the beach entrance located at the eastern edge of the park on Jefferson Street over the four-month construction period. No fencing or construction materials shall be placed on the beach.

2. Temporary Signage. Prior to the commencement of work, which is the subject of Amendment No. 13, a minimum of two (2) signs informing both pedestrians and cyclists of the four-month construction activity detour-along North Point Street to Van Ness Avenue to the San Francisco Bay Trail northwest end of Aquatic Park-shall be installed at visually prominent public locations at the project site.

3. Permanent Signage. Prior to the completion of work, which is the subject of Amendment No. 13, a minimum of one (1) sign designed in general conformity with the Commission’s “Shoreline Signs Public Access Signage Guidelines,” informing the public of the availability of the approximately 4,000-square-foot public beach adjacent to Hyde Street Pier shall be posted. At least 45 days prior to sign installation, the Commission staff shall be provided with preliminary sign language and design, and proposed posting locations for review and written approval by or on behalf of the Commission. All posted signs shall be maintained or, if damaged or illegible, replaced within 30 days of notice by or on behalf of the Commission.

III. Findings and Declarations

A. Based on the information contained in the San Francisco Maritime National Historic Park’s consistency determination dated July 12, 1988, and accompanying materials, its letters dated August 6, 1990, October 1, 1991, August 5, 1993, June 4, 1993, August 4, 1994, September 18, 1996 and April 15, 1997, June 2, 1997, September 3, 1997, August 13, 1998, January 11, 2001, June 13, 2013, and its applications dated June 2, 2015, and August 14, 2020, including all accompanying and subsequently submitted correspondence and exhibits requesting Amendment Nos. One, Two, Three, Four, Five, Six, Seven, Eight, Nine, Ten, Eleven, Twelve, and Thirteen, and Fourteen, respectively, the amended project is hereby found to be consistent with the McAteer-Petris Act and the San Francisco Bay Plan in that: (1) the amended project involves repairing and improving an existing pier, which is currently part of an historic museum, installing protective works including a seawall and riprap, installing facilities upon the pier including improved sewer facilities, constructing new, floating docks for the Sea Scout

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DETERMINATION NO. C1988.010.14 (AMENDMENT NO. FOURTEEN) Page 6 base, replacing an existing gangway to the Steam Tug Hercules and using, maintaining and if needed, replacing them, all of which are necessary for, and support, the park priority use designated for the site by the Bay Plan; (2) the fill is the minimum necessary to repair and stabilize the existing pier, and support structures, provide access to ships, and improve the Sea Scout Base; (3) the amended project will enhance the appearance of the existing deteriorated pier and thereby increase the public’s use and enjoyment of the Bay and shoreline; (4) the amended project will not adversely affect the Bay nor public access to the Bay.

B. The amended project is categorically exempt from the requirement to prepare an environmental impact report, pursuant to Regulation Section 11501, because the revised project is equivalent to a “minor repair or improvement”, in that the project includes: (1) the installation of new protective works, such as bulkheads and riprap in the minimum amount necessary to stabilize the existing shoreline, as defined in Regulation Sections 10601(a)(5) and 10601(b)(4); (2) routine repairs, reconstruction, replacement, and maintenance that does not involve any substantial enlargement or change in use, as defined in Regulation Sections 10601(a)(9) and 10601(b)(5); (3) the construction of a new single boat dock no larger than 1,000 square feet or a new multiple boat dock no larger than 5,000 square feet, as defined in Regulation Section 10601(a)(1); and (4) any other activity similar to those listed above, pursuant to Regulation Section 10601(e)(3).

C. The Bay Plan policies on Public Access require that maximum feasible public access be provided, consistent with the project, in conjunction with new development in the Bay and on the shoreline. Amendment No. One permits the San Francisco Maritime National Historic Park to move the approximately 800-square-foot maritime store at the eastern side of the Hyde Street forepier to the southwest corner of the forepier, closer to Jefferson Street and next to the South End Rowing Club. The Maritime Park also plans to improve the proposed facade of the maritime store, which is now the back of the store, to conform to surrounding buildings.

They will extend the facade 10 feet, increasing the store’s square footage by 200 square feet, and add a Bay window. Moving the maritime store will provide additional views of the Bay from Jefferson Street and from the pier. No new fill is proposed. The restroom authorized by Amendment No. Two will provide additional restrooms for the public using the pier. The ticket booth authorized by Amendment No. Three will allow free public access on a larger area on the pier, temporarily. The San Francisco Maritime Historical Park is testing this idea to see if it will draw more of the public to the pier. The steam tug “Hercules” authorized by Amendment No. Four will be open to the public and will enhance public access on the Hyde Street Pier. The new woodframe maintenance and office building authorized by Amendment No. Five herein has been designed in conformance with the San Francisco Waterfront Plan and will replace the existing unsightly trailer, thus enhancing views to and from the pier. The new wooden trellis structure over the Small Boat Shop will replace the existing awning and has been designed to minimize view obstruction. The new floating docks at the Sea Scout Base authorized in Amendment No. Eight will not impact existing public access or block views to the Bay. The repair and replacement of the gangway and access ramp to the ferryboat Eureka authorized in

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Amendment No. Nine will meet more of the handicap accessibility requirements by reducing the overall slope of access and will allow more public access during extreme tidal ranges. The force-main and force-main connections authorized in Amendment No. 10 are only 3 inches in diameter and will only be visible from under the pier. The sewer lift stations aboard the Thayer and Eureka ships combined with the use of a portable sewer pump and the force-main connections will enhance the visitor’s experience and promote park staff and volunteer safety.

Thus, the amended project will not adversely affect the Bay or public access to the Bay. The replacement of the gangway to the Steam Tug Hercules authorized in Amendment No. Twelve would result in an increase of approximately 450 square feet of Bay fill. However the new system will allow the vessel to be available to the public at all times and through all tides and therefore, will enhance public access to this historic ship.

D. Three special conditions have been added to the Amended Consistency Determination in authorizing Amendment No. Eleven. These three conditions, one specifying the materials that may be used in performing authorized maintenance and the time of year that in-water work may occur, one prohibiting the use of creosote wood, and one requiring that any abandoned fill be removed from the Bay are intended to assure that only material that will not adversely impact Bay water quality will be used in and adjacent to the Bay, and that any abandoned dock or in-water structure shall be removed to avoid becoming a navigation hazard.

These conditions will help assure that all work and improvements in the Bay are consistent with the Commission’s Bay Plan policies on water quality and navigation.

E. Amendment No. Thirteen of this consistency determination will result in the removal of sub-surface railroad tracks at a public promenade located within a Bay Plan-designated Waterfront Park, Beach priority use area and, consequently, improved conditions for pedestrians and cyclists. Special Conditions II.D and II.E of this amended consistency determination ensure that the project will minimize effects on public access by requiring removal of construction fencing following project completion and also notification of the project’s temporary impacts on access and of nearby opportunities for alternative access. On February 5, 2015 the National Park Service issued a “Finding of No Significant Impact” for the removal of the railroad tracks along the promenade. As a result, the construction activity, which is the subject of Amendment No. Thirteen, constitutes a “minor repair or improvement” as defined in the Commission’s Regulation Section 10601(b)(1) regarding the extraction and placement of a small amount of fill without adverse effects on public access or conflicts with a priority use designation. As conditioned, the project is consistent with the Commission’s laws and policies, including on public access, and the Executive Director, on behalf of the Commission, concurs with the amended consistency determination.

F. Amendment No. Fourteen of this consistency determination will result in the replacement of existing docks and piles at the National Historic Landmark ship “Alma” and a net increase of approximately 330 square feet of Bay fill. Replacement of the docks and gangways will ensure continued public access and improve public safety at the Alma. As a result, the

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DETERMINATION NO. C1988.010.14 (AMENDMENT NO. FOURTEEN) Page 8 construction activity, which is the subject of Amendment No. Fourteen, constitutes a “minor repair or improvement” as defined in the Commission’s Regulation Section 10601(a)(1) regarding “the construction of a new single boat dock no larger than 1,000 square feet” and Section 10601(a)(3) regarding “the placement of piles to support extensions of portions of principal structures, as defined in Section 10702(b), over the water where the total of any such extensions would not exceed 1,000 square feet in area.” As conditioned, the project is consistent with the Commission’s laws and policies, including on public access and recreation, and the Executive Director, on behalf of the Commission, concurs with the amended consistency determination.

FG. The Commission, pursuant to the Coastal Zone Management Act of 1972, as amended (16 USC Section 1451), and the implementing Federal Regulations in 15 CFR Part 930, is required to review Federal projects within San Francisco Bay and agree or disagree with the Federal agency's determination that the amended project is consistent with the Commission's Amended Coastal Zone Management Program for San Francisco Bay. This amended letter constitutes such review and comment.

GH. The original project was listed with the Commission on September 1, 1988, at which time no Commissioner or other party objected to the project.

IV. Standard Conditions

A. Concurrence. This amended letter of agreement shall not take effect unless National Park Service, executes the original of this amended letter of agreement and returns it to the Commission within 14 days after the date of the issuance of the amended letter of agreement.

No work shall be done until the acknowledgment is duly executed and returned to the Commission.

B. Other Government Approvals. All required permissions from governmental bodies must be obtained before the commencement of work; “these bodies may include, but may not be limited to, the U. S. Army Corps of Engineers, the Regional Water Quality Control Board, and the city or county in which the work is to be performed, whenever any of these may be required. This amended letter of agreement does not relieve National Park Service of any obligations imposed by State or Federal law, either statutory or otherwise.

C. Built Project must be Consistent with Application. Work must be performed in the precise manner and at the precise locations indicated in your consistency determination request, and as modified by the terms of the amended letter of agreement and any plans approved in writing by or on behalf of the Commission.

D. Life of Authorization. Unless otherwise provided in this amended letter of agreement, all its terms and conditions shall remain effective for so long as it remains in effect or for so long as any authorized use or constructed feature exists, whichever is longer.

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E. San Francisco Bay Coastal Zone. Any area located at the time the amended letter of agreement is granted or thereafter in the Coastal Zone of the Commission under the Coastal Zone Management Act (CZMA) and thus presumptively subject to the jurisdiction of the Commission under the CZMA shall continue to be located within the Coastal Zone of the Commission notwithstanding the placement of any fill or the implementation of any substantial change in use authorized by this amended letter of agreement. Any area not located within the Coastal Zone of the Commission that becomes, as a result of any work or project authorized in this amended letter of agreement, subject to tidal action shall be considered to be located within the Commission’s Coastal Zone and thus presumptively subject to the Commission’s CZMA jurisdiction.

F. Changes to the Commission’s Coastal Zone Under the CZMA as a Result of Natural Processes. This amended letter of agreement reflects the location of the shoreline of San Francisco Bay when the letter of agreement was issued. Over time, erosion, avulsion, accretion, subsidence, relative sea level change, and other factors may change the location of the shoreline, which may, in turn, change the extent and location of the Commission’s Coastal Zone for purposes of the CZMA. Therefore, the issuance of this amended letter of agreement does not guarantee that the extent and location of the Commission’s Coastal Zone will not change in the future.

Executed at San Francisco, California, on behalf of the San Francisco Bay Conservation and Development Commission on the date first above written.

LAWRENCE J. GOLDZBAND

Executive Director San Francisco Bay Conservation and Development Commission LJG/RY/ra cc: U. S. Army Corps of Engineers, Attn: Regulatory Functions Branch San Francisco Bay Regional Water Quality Control Board, Attn: Certification Section Environmental Protection Agency San Francisco Planning Department

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Receipt acknowledged, contents understood and agreed to:

Executed at National Park Service

Permittee

On _______________________________ By:

Print Name and Title

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3/24/2021 | 9:11:47 PM PDT

Superintendent

Lower Fort Mason, Bldg E

David Brouillette