|
April 5, 2002
Via Certified Mail
Harry Yahata, District Director
Caltrans, District 4
P.O. Box 23660
Oakland, CA 94623-0660
Re: Devil's Slide Tunnels Freeway Mitigation Project : File Number PLN2001-00799
Dear Director Yahata,
On March 27, 2002, based on information provided by staff memorandum presented at the hearing,
the San Mateo County Planning Commission accepted staff's recommendation and approved a Coastal Development Permit (CDP) for the $270 million Sierra Club Devil's Slide Hwy 1 Tunnels Freeway Project for illegal
ESHA mitigation construction activities. Within minutes following the Planning Commissions non-compliant CDP approval, I filed an appeal with Notice of Violation (NOV) documents on behalf of the Coastal
Family Alliance and the Half Moon Bay Coastside Foundation aka Save Our Bay to the Board of Supervisors.
The Coastal Family Alliance is requesting that Caltrans withdraw their non-compliant Devil's Slide
Tunnels Project mitigation application File # PLN2001-00799 that has been appealed to the San Mateo County Board of Supervisors. The reason supporting Caltrans withdrawing their Devil's Slide Tunnels Freeway mitigation
project application is that the County of San Mateo on May 11, 1999 lawfully notified Caltrans during the CEQA/NEPA statutory comment period that " the County could not find that the proposed tunnel design complies with
the County's Local Coastal Program (LCP)." The Coastal Commission lawfully notified Caltrans on May 12, 1999 that the Devil's Slide Tunnels Freeway Project does not comply with the San Mateo County LCP or
Coastal Act and Caltrans could not be granted a Coastal Development Permit (CDP) for the Tunnels Freeway Project. By memorandum dated March 21, 2002 to the SMC Planning Commission, Project Planner Michael Schaller, noted that
the revised Devil's Slide Tunnels Freeway Mitigation Site CDP application was: …. "as much as possible into compliance with the County's LCP. The applicant redesigned the project after consultation with the County and
the Coastal Commission regarding the applicability of Measure-T and its provisions." This memo is a clear restatement by the County and Coastal Commission that the $270 million Devil's Slide Tunnels Freeway Project
does not fully comply with the LCP and the Coastal Act. Ergo, San Mateo County Planning staff ESHA mitigation opinions regarding the Devil Slide Tunnels Freeway Project will not indemnify Caltrans or nullify the Coastal
Commission's Adopted Findings for the San Mateo County LCP regarding NO ESHA MITIGATION.
If Caltrans proceeds with the $270 million Sierra Club Tunnels Freeway mitigation activities, it
is with the full knowledge that this "mitigation project" DOES NOT comply with the LCP and Coastal Act. Violations of the LCP and Coastal Act by Caltrans will disqualify Caltrans from being granted
Federal permits and the $270 million in needed FHWA funding. Measure-T as adopted into the LCP requires FULL compliance (not "as much as possible compliance) with the Local Coastal Program and Coastal Act. The
Coastal Family Alliance is asking Caltrans to cease and desist their statutory declared non-compliant mitigation activities until the County of San Mateo and the Coastal Commission rescind their LCP adopted findings for
the Sierra Club Devil's Slide Tunnels Freeway Project. The SMC voter approved Measure-T requires full compliance with the LCP and the Coastal Act.
Sincerely
Oscar Braun, Executive Director
CC
Norman Y. Mineta, U.S. Secretary of Transportation
Maiser Khaled, FHWA Team Leader, 1986 Devil's Slide Highway 1 Improvement Project |
