CalTrans and Corps working on resolving work stoppage

July 10, 2014

CalTrans decided late Tuesday not to notify the Willits bypass construction contractors to suspend work, based on high level talks underway between CalTrans and the US Army Corps of Engineers. Most work on the bypass has been stopped since June 20 when the Corps notified CalTrans its main permit had been suspended because the project was in serious breach of permit requirements. Congressman Jared Huffman announced Wednesday night he anticipated the two sides would reach an agreement allowing the bypass project construction to proceed.

CalTrans announced on Monday it would suspend nearly all work on the bypass effective Tuesday, July 8. It reversed course late Tuesday afternoon after another high level interagency meeting was scheduled for July 9. CalTrans spokesman Phil Frisbie said without formally suspending the work, the standby and other project charges were approaching $100,000 per day.

At the conclusion of the July 9 meeting Congressman Huffman issued the following statement, "I'm pleased to report that there was significant progress today (July 9), in large part because the agencies are now talking directly to each other instead of just exchanging letters. Based on statements made to me and Congressman (Mike) Thompson in our phone conference, I believe the two agencies are working diligently and in good faith toward a resolution within the next 24-48 hours that should enable the reinstatement of the Army Corps permit and the resumption of work on the project, while ensuring full compliance by Caltrans with its Clean Water Act obligations."

Frisbie said, after the two agencies met Wednesday, CalTrans would not notify the contractors to fully suspend work on the project until it received key information from the Corps of Engineers about the permit status. CalTrans formally submitted a planned course of action, based on the Wednesday discussions, to the Corps the morning of July 10. Frisbie said the Corps advised CalTrans it would determine the permit status that same day.

CalTrans letter summarized its planned actions to expedite the delayed mitigation efforts and requested the Corps lift the current permit suspension.

Among the proposed actions is the expedited installation of fencing, water lines and grazing exclusion fencing on the mitigation project to compete the work by Aug. 2.

CalTrans began ramping up its seed collection and plant propagation work following the compliance field review with the US Army Corps of Engineers in early June. CalTrans awarded a seed collection contract on June 30 and a plant propagation contract on July 8. It will open bids for off-site seed collection on July 14 and an off site plant propagation contract is planned to be awarded on July 31.

Seed collection and plant propagation are key requirements to upgrade and establish wetlands. These efforts are seasonal and would have been required in 2012 and 2013 to allow CalTrans to meet its obligations to establish and rehabilitate wetlands on the eight off-site parcels in 2013 as called for in the 404 permit.

CalTrans is now requesting permission from the Corps to allow the use of "secure commercially available, genetically appropriate seed and propagated plant species" to expedite planting of the "compensatory wetland mitigation lands." CalTrans will then begin "wetland establishment work this year" of about three to five acres, unless it discovers unforeseen archaeological sites. CalTrans says, in the letter, this is expediting work currently planned for 2015. CalTrans will also begin erosion control activities on five locations and to beginning removal of noxious weeds from mitigation parcels.

In its original 404 permit schedule CalTrans signed in 2012, most of the off-site mitigation wetland establishment was to take place in 2013.

CalTrans agrees to work with the Corps to expand its mitigation plan to add more acres of wetland establishment and rehabilitation needed to compensate for the delays in implementing its mitigation plans by April 1, 2015.

By October 1, CalTrans will evaluate the project to determine whether "there are any opportunities to reduce the permanent fill of wetlands."

The Corps response was not received as of press time.

Congressman Huffman, also stated in his press release on the current impasse, "construction was getting underway when I took office in January of 2013, and today tens of millions of dollars have been spent and a significant amount of Phase 1 construction is finished. While I was not part of the process that led to the approval and building of this project, I respect the process and decisions that predate my time as

Congressman for Mendocino County and am committed to the successful completion of this work. A Willits Bypass is going to happen. My interest is in getting it over the finish line in the most timely and cost-effective way possible.

“Critical to that goal is resolving Caltrans' non-compliance with environmental mitigation requirements in its Clean Water Act permit from the United States Corps of Engineers. No one disputes that Caltrans is bound by those permit requirements including additional mitigation actions to address the loss of wetlands due to project delays; nor is there any question that Caltrans has not fully complied with those requirements. That's why the Army Corps temporarily suspended the permit on June 20, 2014. And that's why for the past three weeks, Caltrans and the Army Corps have been exchanging letters about what specific mitigation actions Caltrans must take, and the timeframe for those actions, so that the permit can be reinstated.

"In the meantime, some work on the project has been halted, construction crews have been idled, and substantial additional costs are being incurred with each passing day. Clearly, this impasse must be resolved quickly. The stakes are too high for pointing fingers, scapegoating or endlessly exchanging letters between agencies. The situation requires leadership and problem solving by everyone involved.

"Toward that end, my staff and I have been in almost daily contact with both agencies over the past three weeks urging resolution of the permit compliance problem. I have personally met with and had multiple phone calls with officials from both agencies, and today I convened an emergency conference call that included the key leaders from both agencies as well as my predecessor and colleague, Representative Thompson."


Source: By Linda William