Public access and design approved, harbor seals ignored

Updated posting - June 11, 2014

A public hearing took place on January 6, 2014 in San Francisco to take comments on the proposed facility for Bay ferries at Alameda Point.  It was the Bay Conservation and Development Commission (BCDC) Design Review Board’s first hearing to determine if the project complies with guidelines for ensuring maximum public shoreline access, preserving scenic views, and enhancing the shoreline visual experience through appropriate design appearance.

Located on Hornet Avenue at Ferry Point Road near the U.S.S. Hornet on a four-acre site to be leased from the City of Alameda, the facility will service and maintain ferries owned by the Water Emergency Transit Authority (WETA) operating in the Central Bay.  The project will include a 70-foot-tall four story building for maintenance, dispatch, and administrative tasks, a service yard, and floating berthing facilities for 12 vessels.  Demolition of the old recreational dock and retaining wall, and dredging of the berthing area is scheduled to begin in the summer of 2014.

A variety of activities will take place at the facility, including refueling ferries from new underground fuel tanks, bilge and sewer pump-out, fluid replenishment, repair and replacement of vessel equipment, trash disposal, cleaning and painting of vessels, and storage and replenishment of concessionary items for passengers.

WETA, in consultation with BCDC staff, proposes enhancements to the adjacent park area owned by the city.  The proposal that BCDC is seeking comment on would realign and extend the existing Bay Trail so that it better serves as a connection to the U.S.S. Hornet Museum and the existing public access areas through the maritime ship site to the Seaplane Lagoon.  Approximately 100 feet of the existing trail and path would be removed and replaced with approximately 145 feet of new 10-foot wide trail and path.

According to the BCDC staff report, “In addition, a new 17-foot-wide extension of the Bay Trail would be constructed along the 289-foot northern length of the project site along Hornet Avenue.  This portion of the trail would include a two-foot-wide landscaped area adjacent to the project site, 12 new street trees in three-foot by six-foot tree wells adjacent to a six-inch curb and an 11.5-foot-wide pedestrian and bicycle trail.  Beyond this area and through the Hornet and MARAD [maritime ship] site, signage would indicate the route for pedestrians and bicyclists.”

The BCDC report continues by saying, “Approximately 6,850 square feet of the park would be landscaped between the realigned trail and the project site, including irrigated turf and low lush planting with a break in the landscaping provided to create ‘windows’ into the work yard.  Interpretive signage would describe the unique working waterfront activities.  Nine trees in three clusters are proposed to better define the spatial qualities of the setting and to provide shade and visual interest.  In addition, six benches are planned along the shoreline.  Opposite the benches will be an interpretive sign describing the role and function of the WETA berthing facilities.”

Presence of harbor seals overlooked 

One impact not accounted for in WETA’s state and federal environmental reviews is the displacement of harbor seals when WETA removes the old dock that is used as a haul out.  Constructing an anchored floating platform nearby for harbor seals and birds would make up for the old dock that has served as a wildlife resting site since base closure 16 years ago.  WETA should add a wildlife platform to its budget.  Wildlife and the visiting public will greatly appreciate it.  

WETA and BCDC were made aware of the seals' presence, but it is unknown whether they will provide mitigation for displacing the harbor seals.  Removing the old dock where the seals have called home without offering mitigation appears to violate the federal Marine Mammal Protection Act.

WETA still needs a permit for their project from the full BCDC commission before applying for a permit from the city of Alameda.  BCDC's guidelines include the following:  "Further, under the federal Endangered Species Act and Marine Mammal Protection Act the Commission may not authorize a project that would result in the 'taking' of fish, other aquatic organisms and wildlife, including marine mammals, identified pursuant to the Acts, without the authorization of the United States Fish and Wildlife Service or the National Marine Fisheries Service."  The Marine Mammal Protection Act definition of "taking" includes "the doing of any other negligent or intentional act which results in disturbing or molesting a marine mammal."
  
No permit applications from either WETA or the city are currently scheduled for a public hearing.

The Monday, January 6, 2014 hearing was held at the BCDC McAteer-Petris Conference Room, 455 Golden Gate Avenue, Suite 10600, San Francisco.  The meeting minutes are here. 

Conceptual drawings and site plans.