[letter to County Planner Brian Bordona, head of the Conseration Division]
Good afternoon Brian,
Thank you for your ongoing assistance with the Bremer Family Winery problem.
I am requesting you deny the application to modify the approved Erosion Control Plan (P11-00317ECPA) which was submitted on 6-28-2016 as P16-00271. As you know, the existing foot print of the as built project differs from the approved plan. In addition your agency and RCD have documented failure to implement critical conditions of approval, which have resulted in erosion off project site and sediments entering creek channel. The Bremer's were red tagged by your staff on 6-27-2016 for failure to remove trellis within creek set back, despite their assurance that this had been completed. The list of non-compliance issues is lengthy and well documented in file, including letter from County Council.
Currently the California Department of Fish and Wildlife is investigating the denuding of creek under the stream bank alteration program. Further, a public records request to the Agricultural Commissioners office documented a failure to submit required monthly pesticide use reports. Your files document herbicide strip spray in violation of conditions of approval, which is a critical element of the temporary erosion control measures.
The project site is near sensitive receptors that are being negatively impacted by the importation of dirt spoils. The spoils haul route requires trucking thru the small community of Deer Park and requires dump trucks to pass directly by the Foothills Elementary School, the Adventist Community Services Center and is a block from both St. Helena Hospital and Health Center and the entirely senior citizen occupied Munds Mobile Manor, and the Deer Park Community Hall utilized by church and youth groups.
The modification must be rejected and a full Environmental Impact Report must be conducted to evaluate the impacts on biological resources, geologic hazards, changes to hydrology, ground water, traffic impacts, air quality impacts and green house gas emissions. The project is additionally subject to View Shed ordnance and tree clearing required to accommodate proposed terraces warrants additional biological assessments.
Further, notice to neighbors identifying the source, character, potential toxicity of imported spoils is mandated due to the sensitivity of vulnerable populations in the community. ( A community that has been denied any information of the potential harmful impacts of the past permitted dirt dump of 30,000 cubic yards of spoils in their immediate neighborhood.)
Known flooding in the area of Deer Park Rd. could be exacerbated and potential spoils contamination into Canon Creek must be analyzed.
Lastly, modification of the existing Erosion Control Plan constitutes piecemealing as applicant fully anticipated multiple project phases that were not evaluated in the initial study, and has submitted modifications after the fact on at least one occasion. The original project evaluated under the initial study is vastly different that the proposed project build out and did not evaluate the proposed trucking of an additional 45,000 cubic yards of potentially contaminated spoils.
I request the modification P11-00317 be denied and an Environmental Impact Report including the scope of the entire project be conducted.