June 7, 2018 California Department of Fish & Wildlife 4665 Lampson Ave. C Los Alamitos, CA 90772 562-342-7100 Attn: Warden Alejandro Penaloza alejandro.penaloza@wildlife.ca.gov 562-400-1250 California Department of Fish & Wildlife South Coast Region 5 Ed Pert Regional Manager 3883 Ruffin Road San Diego, CA 92123 858-467-4201 Warden Nicholas Molsberry nicholas.molsberry@wildlife.ca.gov 909-563-0120
1. Subject:
Complaint of Violations & Request for Investigation
2. Complaint:
A. Illegal Take of Migratory Birds (Violation of Fish and Game Codes) B. Illegal Destruction of Migratory Bird Rookeries Nests (Violation of Fish and Game Codes) C. Non-Prevention of Toxic Chemicals, Heavy Metals & Hazardous Materials Contaminated Stormwater RunOff Into Coastal Ocean Waters (Violation of Clean Water Act) D. Non-Prevention of Uncovered Toxic Chemicals, Heavy Metals & Hazardous Materials Contaminated Soil Dust Blowing Into Coastal Ocean Waters (Violation of Clean Water Act) E. Non-Prevention of Welding Torch Debris, Wooden Truss Bolts, Washers & Chemically Treated Wooden Truss Particles From Falling Into Coastal Ocean Waters (Violation of Clean Water Act)
3. Complainant:
Jesse N. Marquez
4. Title/Positon:
Member of Public/Executive Director
5. Affiliation/Address:
Coalition For A Safe Environment 1601 N. Wilmington Blvd., Ste. B Wilmington, CA 90744
6. Contact Phone:
310-590-0177 (C) / 424-264-5959 (O)
7. Contact Email Address:
jnm4ej@yahoo.com
8. Affiliation Type:
Non-Profit Environmental Justice Organization
9. Location of Biological Violation:
Ports O’ Call Village 1200 Nagoya Way San Pedro, CA 90731
10. Impacted Water Source:
San Pedro Bay - Pacific Ocean - North West Area - Inner Harbor - LA Main Channel
11. Federal Designation:
33 CFR 165.1152 San Pedro Bay Regulated Navigation Area (RNA)
12. Violating Party:
Port of Los Angeles Los Angeles Harbor Department City of Los Angeles
13. Violating Party Address:
Port of Los Angeles 425 S. Palos Verdes Street San Pedro, CA 90731
14. Violating Party Contacts:
Eugene D. Seroka Executive Director 310-732-3456 Christopher Cannon Director of Environmental Management 310-732-3763
15. Date of Violation: 16. First Witnessed Date:
Beginning On or About March 26, 2016 To Present April 5, 2018
17. Evidence:
Yes. See 2 Attachments. A. Migratory Bird Photos & Information EXHIBITS 1 - 14 B. Contaminated Stormwater Run-Off Photos & Contaminated Soil Information EXHIBITS 1 - 9
18. Pending Threat:
Yes. a. The last three trees of Migratory Bird Rookery Nests are scheduled for demolition in the immediate future. Exact date unknown. They are also the only Migratory Bird Rookery Nests remaining in San Pedro Bay. b. Future Rain Stormwater Run-off will contaminate Coastal Ocean Waters. c. Daily Winds will continue to blow contaminated soil-dust into Coastal Ocean Waters and air.
19. Species Illegal Take Violation:
Snowy Egret - Egretta thula Black Crowned Night Heron - Nycticorax nycticorax
20. Basis of Violation:
Migratory Bird Nesting Season
21. Expert Species Witness:
Yes two. A. Conservation Biologist Robert van de Hoek B. Jesse Morton Audubon Society Birder/Executive Officer
22. Expert Witness Contact Info:
Robert “Roy” van de Hoek Ballona Institute 322 Culver Blvd., Ste. 317 Playa del Rey, CA 90293 roy@naturespeace.org 310-877-2435
23. Witnessed Date:
April 8, 2018 - Robert “Roy” van de Hoek April 5, 2018 - Jess Morton
24. Cal. Fish & Wildlife Witnesses:
Warden Nicholas Molsberry Warden Alejandro Penaloza Note: 2 Other Wardens were present.
25. Date CF&W Warden Witnessing:
May 24, 2018
26. Fish & Game Code Violations: 3503. It is unlawful to take, possess, or needlessly destroy the nest or eggs of any bird, except as otherwise provided by this code or any regulation made pursuant thereto. 3505. It is unlawful to take, sell, or purchase any aigrette or egret, osprey, bird of paradise, goura, numidi, or any part of such a bird. 3513. It is unlawful to take or possess any migratory nongame bird as designated in the Migratory Bird Treaty Act or any part of such migratory nongame bird except as provided by rules and regulations adopted by the Secretary of the Interior under provisions of the Migratory Treaty Act. 27. Clean Water Act Violations: A. Non-Prevention of Toxic Chemicals, Heavy Metals & Hazardous Materials Contaminated Stormwater Run-Off Going Into Coastal Ocean Waters B. Non-Prevention of Toxic Chemicals, Heavy Metals & Hazardous Materials Contaminated Soil Fugitive Dust Blowing Daily Into Coastal Ocean Waters C. Non-Prevention of Welding Torch Debris & Wooden Truss Bolts & Washers From Falling Into Coastal Ocean Waters 28. Clean Air Act A. Non-Prevention of Contaminated Soil Fugitive Dust Blowing Daily Into The Ambient Air
29. Violations Description Events: A. Fish & Game Code Violations: The Port of Los Angeles arbitrarily and capriciously violated Fish and Game Codes which protect Migratory Birds and birds in general during nesting season. The Port of Los Angeles via an authorized subcontractor Silverado began the demolition of Ports O’ Call Village which includes mature trees, numerous buildings, structures, underground piping, outdoor seating, outdoor lighting fixtures, visitor amenities, commercial tour boat docks and recreational pleasure boat docks. The Port of Los Angeles participated in the “Illegal Take” of Migratory Birds and “Illegal Destruction” of Rookeries during the demolition of Ports O’ Call Village in San Pedro, California. The term “Take” means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or collect, or to attempt to engage in any such conduct as defined under the Endangered Species Act Sec. 3 (19). Two Migratory Birds of concern that have been identified at Ports O’ Call Village and the Parking Lot are the Black Crowned Night Heron and the Snowy Egret. The Snowy Egret was not referenced in the 2009 Final EIS/EIR Chapter 3.3 Biological Resources. The Biological Resources section states that Black Crowned Night Herons were recorded in 2002 at Berth 78 Ports O’ Call, but none recorded in 2008. It also states that, “several trees at Berth 78 Ports O’ Call apparently still serve as roots for this species.” The Port of Los Angeles failed to comply with its adopted Final 2009 EIS/EIR Biological Mitigation Measures listed in Table 3.3-7 Summary Matrix of Potential Impacts and Mitigation Measures for Biological Resources with the proposed Project and Alternatives, beginning page 3.3-139. The illegal Take and Destruction of Migratory Birds and Rookeries violates most of the Mitigation Measures listed. In the 2013-2014 Biological Surveys of the Long Beach and Los Angeles Harbors dated June 1, 2016 by MBC Applied Environmental Science it includes both the Black Crowned Night Heron and the Snowy Egret being present. l The Port of Los Angeles knows the existence of the Migratory Bird Rookery locations and has taken no action to prevent further Take of Migratory Birds. On Sunday June 6, 2018 while visiting Location # 1 where the two Rookery Trees are located I found a dead Juvenile Snowy Egret under the tree which had fallen from its nest and had also been run-over by a car. There was also a witness with me that can confirm all information and my photos. The trees are large shade trees so visitors are parking their cars under the Rookery Trees not knowing that there are Migratory Bird nests present. Local residents also walk their dogs at the nearby park by the waterfront. I even walk my three dogs at the Ports O’ Call Village south park area. See Exhibit 12 photos. The death could have also been prevented had the Port of Los Angeles placed a barrier such as a chained link fence around the trees to prevent visitors from parking there and juvenile birds from wandering away. The Port could have also placed signage to advise the public. While I was there, a person nearby told me that they had picked up three live Juvenile Black Crowned Night Herons which had fallen out of the trees in the last 30 days. They stated to me
that a friend took the birds to the International Bird Rescue Los Angeles Center in San Pedro. I was also in luck because that second person just happened to be passing by at the time I was there. I introduced myself and asked them if they did in fact take three Black Crowned Night Herons to the center and they confirmed what I was told. The two people both gave me their contact information. I am not disclosing their names in this report because the Port of Los Angeles is taking retaliatory actions and threatening anyone who has been evicted or currently operating their business or who is an employee of a Ports O’ Call Tenant. I will provide the contact information to any governmental investigatory agency. I visited the International Bird Rescue Los Angeles Center in San Pedro on June 5, 2018 and provided my contact information. I was contacted the next by Devin Hanson who confirmed that three Juvenile Black Crowned Night Heron which had fallen from trees had been delivered to them by members of the public who had found them at the Ports O’ Call Village Parking Lot. Devin Hanson provided the following information:
International Bird Rescue Los Angeles Center Devin Hanson 3601 S. Gaffey Street, Box 3 San Pedro, California 90731 devin.hanson@bird-rescue.org 360-440-3579 310-514-2573 No on-site Project Biologist Monitor has seen on site on any of the multiple days I visited the Ports O’ Call Village. There was an engineering firm monitoring noise levels seen on-site at Location # 3 in April. Migratory Bird Rookery Trees, Nests, Fledglings and Eggs were destroyed without regard during the First Phase Demolition process. Other identified Migratory Bird Rookeries, Trees, Nests, Fledglings and Eggs currently populate the last three remaining Rookery Trees in the Ports O’ Call Village Parking Lot, and all of San Pedro Bay which I have identified as Locations # 1, # 2 and # 3 which may also qualify as a “Critical Habitat.” Migratory Bird and Local Coastal Birds food sources such as small coastal fish and other shellfish food sources have been contaminated with Asbestos, Toxic Chemicals, Heavy Metals and Hazardous Materials from the Ports O’ Call Village Demolition from Storm Water Run-Off. Soil Fugitive Dust from the Uncovered Demolition Sites contaminated with Asbestos, Toxic Chemicals, Heavy Metals and Hazardous Materials are blowing from easterly winds into the Coastal Ocean Waters daily. Migratory Bird and Local Coastal Birds fresh water drinking sources from rain showers and area plant and grass watering with sprinklers have been contaminated with Asbestos, Toxic Chemicals, Heavy Metals and Hazardous Materials from the Ports O’ Call Village Demolition.
Birds of many coastal types nest in the mature trees of which many are over 50 years old and were located throughout the meandering buildings, structures, pathways and parking lots. There are over 50 estimated trees in the Ports O’ Call Village and approximately another 50 in the adjacent bordering area. Demolition commenced on or about March 26, 2018. On April 4, 2018 I realized that there might be endangered or protected bird species at the Ports O’ Call Village and drove from my office in Wilmington to Ports O’ Call Village in San Pedro at approximately 4:30pm. I saw a Silverado Tractor Excavator knocking down trees and as I looked up I could see a large nest in one of the remaining tree trunks. I took photos with my camera which are included in the attached Exhibits. The Silverado Tractor Excavator stopped because I believe it was the end of the work day. I came back early the next morning and the tree was already completed knocked down. See photo in attached Exhibits. I have visited most remaining trees in the remaining Ports O’ Call Village which has not been demolished and discovered three trees in the parking lot that have numerous Migratory Bird Rookery Nests. There are two adjacent mature Indian Laurel Fig Trees which I have identified as Location # 1, where I have seen 4 Snowy Egrets, 9 Black Crowned Night Herons and counted over 10 nests. There is one nearby tree about 300’ away which I have identified as Location # 2, where I have seen 2 Snowy Egrets and 6 Black Crowned Night Herons and counted 6 nests. Since I am not a Birder, I have not thoroughly inspected trees for Non-Migratory Bird Nests although I do believe they exist. I do request a follow-up investigation by a California Fish and Game Biologist to identify all bird types and nests. I am also a professional photographer and have taken over 500 digital photos of the Ports O’ Call Village and Parking Lot Areas. The demolition of the remaining Ports O’ Call Village and Parking Lot is eminent and without California Department of Fish and Wildlife intervention the three remaining Migratory Bird Rookery Nesting Trees will be destroyed in the immediate future and Coastal Ocean Waters will continue to be contaminated There are remaining buildings and the Ports O’ Call Restaurant which are scheduled for demolition in the immediate future that are within 100’-300’ of the Migratory Bird Rookeries at Location # 1. Large Bulldozers and Excavators are used for demolition and a continuous line of Heavy Duty Dump Trucks are used to haul away debris. The significant noise, vibration and fugitive dust created by the heavy duty excavation equipment cause extreme stress, fear, anxiety, respiratory breathing and food foraging impacts which jeopardize the life, health and wellbeing of these Migratory Birds and Rookeries. I further request that the California Department of Fish and Wildlife further intervene and order the Port of Los Angeles to temporarily cease and desist demolition of the remaining buildings and the Ports O’ Call Restaurant for a minimum of 120 days. This would not stop project activity north of Ports O’ Call Restaurant which represents the majority of new project development preparation and construction. B. Non-Prevention Of Toxic Chemicals, Heavy Metals & Hazardous Materials Contaminated Stormwater Run-Off From Going Into Coastal Ocean Water Violation:
The Port of Los Angeles arbitrarily and capriciously allowed Toxic Chemicals, Heavy Metals & Hazardous Materials Contaminated Stormwater Run-Off to enter into Coastal Ocean Waters when it rained during demolition and days since then. It rained approximately 4-5 days in one week during one of the March rain storms. The Port of Los Angeles failed to place barriers to prevent contaminated Stormwater Run-Off from going over the Sea Wall into the Coastal Ocean Waters and Sediments. See attached Exhibit photos. The Negative Ecological Impacts include but not limited to:
Water Quality Degradation Degradation of Habitat Quality Toxicity to Biota Alterations in Community Structure & Diversity Declines in Total Abundance of Organisms
Studies recommend that the most effective strategies for controlling water and sediment contamination in harbors is to identify and abate the sources of pollution that contributes to the water and sediment contamination. The Port of Los Angeles failed to comply with its adopted Final 2009 EIS/EIR Biological Mitigation Measures listed in Table 3.14-6 Summary Matrix of Potential Impacts and Mitigation Measures for Water Quality, Sediments and Oceanography Associated with the proposed Project and Alternatives, beginning page 3.14-88. The Final EIS/EIR 3.14.4.4 determined that No Mitigation Monitoring was required. The Port of Los Angeles as a minimum violated: WQ-4a WQ-4b, WQ-4c The Port of Los Angeles via an authorized subcontractor Silverado began the demolition of Ports O’ Call Village which includes mature trees, numerous buildings, structures, underground piping, outdoor seating, outdoor lighting fixtures, visitor amenities, commercial tour boat docks and recreational pleasure boat docks. I have seven Port of Los Angeles sponsored Ports O’ Call Village Toxic Site Assessment Reports which disclose that there are numerous Toxic Chemicals, Heavy Metals & Hazardous Materials on-site which would contaminated rain water: a. Site Investigation at the Ports O’ Call Rail Yard - September 2004 - Soil Samples Identified SVOC’s, VOC’s, Arsenic, Lead, diesel, motor oil and pesticides and Ground Water Samples detected Arsenic, Selenium, Chromium and VOC’s. b. Report of Soil-Gas Investigation Ports O’ Call Village – February 26, 2013 - Soil Samples detected: Petroleum Hydrocarbons, Benzene, Ethybenzene, Isopropylbenzene, Toluene, Xylenes, 2-Methylinaphthalene, Naphthalene, 1,2,4-Trimethybenzene, 1,3,5 Trimethybenzene, 1,1-Dichloroethene, Trans-1,2-Dichloroethene, Tetrachloroethene, 1,1,1-Trichloroethene, Trichloroethene, Vinyl Chloride and 1,4-dioxane. c. Phase I and Phase II Environmental Site Assessment - The Jankovich Company Berth 74 – April 2, 2013 - Soil Samples detected: SVOC’s, VOC’s, MTBE, Arsenic, TPH and Ground Water Samples detected: Arsenic, Barium, Molybdenum, TPH. d. Phase I Environmental Assessment Ports O’ Call Village - April 12, 2013 - Primarily An Environmental History Document Search.
e. Phase II Environmental Assessment Ports O’ Call Village - November 2013 - Soil Samples detected: TPH, VOC’s. PAH’s, Arsenic, Barium, Cadmium, Lead, Nickel and Water Samples detected: TPH, VOC’s, PAH’s, Arsenic, Barium, Cadmium, Lead and Nickel. f.
Soil Management Plan Redevelopment of Ports O’ Call Village February 19, 2016 - Contaminants of Potential Concern: Total Petroleum Hydrocarbons (TPH) as gasoline, diesel, and oil-range hydrocarbons, Volatile organic compounds (VOCs); Polycyclic aromatic hydrocarbons (PAHs); and Title 22 metals.
g. Draft Site Investigation Report - Sampson Way Roadway Improvements 7th Street & Harbor Blvd. Intersection - April 2016 – Soil Samples Detected: Antimony, Arsenic, Barium, Beryllium, Cadmium, Chromium, Cobalt, Copper, Lead, Mercury, Molybdenum, Nickel, Selenium, Silver, Thallium, Vanadium, Zinc, TPHg, TPHd, and TPHo. In addition, the Port of Los Angeles has identified Asbestos as being present in the buildings and in underground piping at Ports O’ Call Village. Asbestos was found during the first phases of demolition. See attached Exhibits with photos and information. In addition, soil samples were taken at the Ports O’ Call Village demolition site by public members and independent laboratory test analysis confirm many of the Toxic Chemicals, Heavy Metals & Hazardous Materials. See attached Exhibits with photos and information. See attached Exhibits. I am also a professional photographer and have taken over 500 digital photos of the Ports O’ Call Village and Parking Lot Area. The demolition of the remaining Ports O’ Call Village and Parking Lot is eminent and without California State Water Board, California Department of Fish and Wildlife and the US Army Corps of Engineers intervention future rain storms will cause additional Toxic Chemicals, Heavy Metals & Hazardous Materials Contaminated Storm Rain Water Run-Off to go into Coastal Ocean Waters. C. Non-Prevention Of Uncovered Toxic Chemicals, Heavy Metals & Hazardous Materials Contaminated Soil Dust Being Blown Into Coastal Ocean Water Violation: The Port of Los Angeles arbitrarily and capriciously allowing Toxic Chemicals, Heavy Metals & Hazardous Materials Contaminated Soil Dust to be blown into Coastal Ocean Waters and Sediments when coastal winds occur during the day and night every day. The Port of Los Angeles has failed to place covers over the large open contaminated land areas which now exist as a result of the Ports O’ Call Village demolition. These open land areas will exist until construction begins in about one year from now, if it even occurs. See attached Exhibit photos. The Port of Los Angeles via an authorized subcontractor Silverado began the demolition of Ports O’ Call Village which includes mature trees, numerous buildings, structures, underground piping, outdoor seating, outdoor lighting fixtures, visitor amenities, commercial tour boat docks and recreational pleasure boat docks.
I have seven Port of Los Angeles sponsored Ports O’ Call Village Toxic Site Assessment Reports which disclose that there are numerous Toxic Chemicals, Heavy Metals & Hazardous Materials on-site which would contaminated rain water: a. Site Investigation at the Ports O’ Call Rail Yard - September 2004 - Soil Samples Identified SVOC’s, VOC’s, Arsenic, Lead, diesel, motor oil and pesticides and Ground Water Samples detected Arsenic, Selenium, Chromium and VOC’s. b. Report of Soil-Gas Investigation Ports O’ Call Village – February 26, 2013 - Soil Samples detected: Petroleum Hydrocarbons, Benzene, Ethybenzene, Isopropylbenzene, Toluene, Xylenes, 2-Methylinaphthalene, Naphthalene, 1,2,4-Trimethybenzene, 1,3,5 Trimethybenzene, 1,1-Dichloroethene, Trans-1,2-Dichloroethene, Tetrachloroethene, 1,1,1-Trichloroethene, Trichloroethene, Vinyl Chloride and 1,4-dioxane. c. Phase I and Phase II Environmental Site Assessment - The Jankovich Company Berth 74 – April 2, 2013 - Soil Samples detected: SVOC’s, VOC’s, MTBE, Arsenic, TPH and Ground Water Samples detected: Arsenic, Barium, Molybdenum, TPH. d. Phase I Environmental Assessment Ports O’ Call Village - April 12, 2013 - Primarily An Environmental History Document Search. e. Phase II Environmental Assessment Ports O’ Call Village - November 2013 - Soil Samples detected: TPH, VOC’s. PAH’s, Arsenic, Barium, Cadmium, Lead, Nickel and Water Samples detected: TPH, VOC’s, PAH’s, Arsenic, Barium, Cadmium, Lead and Nickel. f.
Soil Management Plan Redevelopment of Ports O’ Call Village February 19, 2016 - Contaminants of Potential Concern: Total Petroleum Hydrocarbons (TPH) as gasoline, diesel, and oil-range hydrocarbons, Volatile organic compounds (VOCs); Polycyclic aromatic hydrocarbons (PAHs); and Title 22 metals.
g. Draft Site Investigation Report - Sampson Way Roadway Improvements 7th Street & Harbor Blvd. Intersection - April 2016 – Soil Samples Detected: Antimony, Arsenic, Barium, Beryllium, Cadmium, Chromium, Cobalt, Copper, Lead, Mercury, Molybdenum, Nickel, Selenium, Silver, Thallium, Vanadium, Zinc, TPHg, TPHd, and TPHo. In addition, the Port of Los Angeles has identified Asbestos as being present in the buildings at Ports O’ Call Village. Asbestos was found during the first phases of demolition. See attached Exhibits with photos and information. In addition, soil samples were taken at the Ports O’ Call Village demolition site by public members and independent laboratory test analysis confirm many of the Toxic Chemicals, Heavy Metals & Hazardous Materials. See attached Exhibits with photos and information. I am also a professional photographer and have taken over 500 digital photos of the Ports O’ Call Village and Parking Lot Area. The demolition of the remaining Ports O’ Call Village and Parking Lot is eminent and without California State Water Board, California Department of Fish and Wildlife and the US Army
Corps of Engineers intervention daily fugitive dust will cause additional Toxic Chemicals, Heavy Metals & Hazardous Materials to go into Coastal Ocean Waters and Ambient Air. D. Contamination of Coastal Ocean Waters During The Welding Torch Removal of Chemically Treated Wooden Trusses On The Sea Wall The Port of Los Angeles arbitrarily and capriciously allowed Welding Torch Debris & Chemically Treated Wooden Truss Fragments, Bolts & Washers to fall into adjacent Coastal Ocean Waters during the removal process. The Port of Los Angeles subcontractor failed to place covers or tarps over the adjacent open coastal ocean waters under the wooden trusses on the sea wall. See attached Exhibit photos.
Ports O’ Call Village 1200 Nagoya Way, San Pedro, California 90731
Migratory Bird Photo & Information Exhibits
Snowy Egret – Egretta thula Black Crowned Night Heron – Nyctticorax nycticorax Exhibit 1. Ports O’ Call Village Location Maps - 2 Pgs. 2. Migratory Bird Rookery Nesting Tree Locations # 1 & # 2 Current Remaining 3 Trees – 2 Pgs. 3. Migratory Bird Rookery Nesting Tree Location # 3 Demolition Site Maps - 2 Pgs. 4. Port of Los Angeles Destroyed Migratory Bird Rookery Nesting Tree Location # 3 – 1 Pg. 5. Snowy Egret Protected Migratory Bird Photos - 1 Pg. 6. Black Crowned Night Heron Protected Migratory Bird Photos - 1 Pg. 7. Snowy Egret & Black Crowned Night Heron Rookery Tree Nest Location # 1 - 3 Pgs. 8. Snowy Egret & Black Crowned Night Heron Rookery Tree Nest Location # 2 - 2 Pgs 9. Migratory Bird Egg Shells On Ground Under Rookery Trees Location # 1 - 4 Pgs. 10. Migratory Bird Egg Shells On Ground Under Rookery Tree Location # 2 - 2 Pgs. 11. Migratory Bird Food Fish Skeletons Found On Ground Under Tree Location # 1 - 1 Pg. 12. Juvenile Snowy Egret Found Dead Under Rookery Tree At Location # 1 - 1 Pg. 13. Biologist Robert van de Hoek Verifying Migratory Bird Rookeries - 2 Pgs. 14. Cal. Dept. Fish & Wildlife Wardens Verifying Migratory Bird Rookeries - 2 Pgs.
EXHIBIT 1
Ports O’ Call Village Demolition Site Photos 1200 Nagoya Way, San Pedro, California 90731
Ports O’ Call Village – San Pedro Waterfront Location Maps
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EXHBIT 1
Ports O’ Call Village Demolition Site Photos 1200 Nagoya Way, San Pedro, California 90731
Ports O’ Call Village Close-Up
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EXHIBIT 2
Ports O’ Call Village Demolition Site Photos 1200 Nagoya Way, San Pedro, California 90731
Migratory Bird Rookery Nesting Tree Locations Ports O’ Call Village
Migratory Bird Rookery Nesting Tree Locations # 1 & # 2 Located In South Parking Lot
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EXHBIT 2
Ports O’ Call Village Demolition Site Photos 1200 Nagoya Way, San Pedro, California 90731
Migratory Bird Rookery Nesting Tree Locations # 1 & # 2 Close-Up South Parking Lot
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EXHIBIT 3
Ports O’ Call Village Demolition Site Photos 1200 Nagoya Way, San Pedro, California 90731
Migratory Bird Rookery Nesting Tree Location # 3 Location Close-Up
EXHIBIT 4
Ports O’ Call Village Demolition Site Photos 1200 Nagoya Way, San Pedro, California 90731
Port of Los Angeles Demolished Migratory Bird Rookery Nesting Trees Location # 3
Migratory Bird Rookery Nest Location # 3 On North End Of Ports O’ Call Village
Migratory Bird Rookery Nest Location # 3 Was Destroyed During Demolition 4-5-2018
EXHIBIT 5
Ports O’ Call Village Demolition Site Photos 1200 Nagoya Way, San Pedro, California 90731
Snowy Egret Migratory Bird Photos ‘Egretta thula’
EXHIBIT 6
Ports O’ Call Village Demolition Site Photos 1200 Nagoya Way, San Pedro, California 90731
Black Crowned Night Heron Migratory Bird Photos “Nycticorax nycticorax”
EXHIBIT 7
Ports O’ Call Village Demolition Site Photos 1200 Nagoya Way, San Pedro, California 90731
Snowy Egret & Black Crowned Night Heron Rookery Nests Location #1 April 4 - 11, 2018
Migratory Birds Are Nesting In Two Adjacent Indian Laurel Fig Trees In The Parking Lot, Each Tree Is Over 50 Years Old, 60’ High and Over 40’ Wide. Over 10 Nests Have Been Counted.
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EXHIBIT 7
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EXHIBIT 7
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EXHIBIT 8
Ports O’ Call Village Demolition Site Photos 1200 Nagoya Way, San Pedro, California 90731
Snowy Egret & Black Crowned Night Heron Rookery Tree Nest Location # 2 May 25, 2018
Migratory Birds Are Nesting In One Solo Indian Laurel Fig Tree In The Parking Lot, The Tree Is Over 50 Years Old, 60’ High and Over 40’ Wide. Over 6 Nests Have Been Counted.
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EXHIBIT 8
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EXHIBIT 9
Ports O’ Call Village Demolition Site Photos 1200 Nagoya Way, San Pedro, California 90731
Migratory Bird Egg Shells On Ground Under Rookery Nesting Trees Location # 1
Egg Shell Found Under West Tree At Location # 1 April 6, 2018
Egg Shell Found On Ground At Location # 1 April 8, 2018 1 of 4
EXHIBIT 9
Egg Shell Found On Ground At Location # 1 April 8 2018
Egg Shell Found On Ground At Location # 1 April 6, 2018 2 of 4
EXHIBIT 9
Egg Shell Found At Base Of West Tree In Pot At Location # 1 April 11, 2018
Egg Shell Found At Base Of West Tree In Pot At Location # 1 April 11, 2018 3 of 4
EXHIBIT 9
Egg Shell Found On Ground At Location # 1 May 29, 2018
Egg Shell Found On Ground At Location # 1 June 3, 2018
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EXHIBIT 10
Ports O’ Call Village Demolition Site Photos 1200 Nagoya Way, San Pedro, California 90731
Migratory Bird Egg Shells On Ground Under Rookery Nesting Tree Location # 2 May 24-25, 2018
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EXHIBIT 10
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EXHIBIT 11
Ports O’ Call Village Demolition Site Photos 1200 Nagoya Way, San Pedro, California 90731
Migratory Bird Food Fish Skeletons Found Under Rookery Trees Location #1
Fish Skeleton Found At Base Of Tree Furthest West In Parking Lot April 6, 2018
Fish Skeleton Found Under Tree Furthest East In Parking Lot May 29, 2018
EXHIBIT 12
Ports O’ Call Village Demolition Site Photos 1200 Nagoya Way, San Pedro, California 90731
Juvenile Snowy Egret Found Dead Under Rookery Tree And Run-Over At Location # 1 June 3, 2018
EXHIBIT 13
Ports O’ Call Village Demolition Site Photos 1200 Nagoya Way, San Pedro, California 90731
Conservationist Biologist Robert van de Hoek Conducting Field Research To Verify Migratory Birds & Rookeries April 8, 2018
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EXHIBIT 13
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EXHIBIT 14
Ports O’ Call Village Demolition Site Photos 1200 Nagoya Way, San Pedro, California 90731
California Dept. Of Fish & Wildlife Wardens At Ports O’ Call Village Parking Lot Verifying Migratory Birds & Rookeries May 24, 2018
Migratory Birds Rookery Nesting Trees Location # 1
Migratory Birds Rookery Nesting Tree Location # 2 1 of 2
EXHIBIT 14
Warden Photographs Fresh Migratory Bird Shell Under Tree Location # 2
Warden Photographs Migratory Bird Shell Blown By Wind Slightly To East Location # 2 2 of 2
Ports O’ Call Village 1200 Nagoya Way, San Pedro, California 90731
Demolition Land Contamination Stormwater Run-Off Wind Soil-Dust Fugitive Emissions Photo & Information Exhibits
Exhibit 1. Ports O’ Call Village Phase I Demolition Location - 3 Pgs. 2. Coastal Ocean Water Contamination From Asbestos & Contaminated Soil - 1 Pg. 3. Contaminated Soil & Debris Lab Test Sample Site Locations - 2 Pgs. 4. Asbestos Being Removed At Ports O’ Call Village - 2 Pgs. 5. Coastal Ocean Water Contamination From Wooden Truss Removal - 2 Pgs. 6. Red Sea Star Near Ocean Sea Wall During Demolition - 1 Pg. 7. Soil Sample Close-Up Photos # 1 - # 5 - 3 Pgs. 8. Soil Sample Site Location Descriptions - 1 Pg. 9. Soil Sample Lab Test Results - 3 Pgs.
EXHIBIT 1
Ports O’ Call Village Demolition Site Photos 1200 Nagoya Way, San Pedro, California 90731
Ports O’ Call Village Phase I Demolition Location
Ports O’ Call Village Retail Shops Ports O’ Call Restaurant Is To The Left and San Pedro Fish Market, Crusty Crab, Pan Pacific Asian Village To Right
Note: Phase I is the Coalition For A Safe Environment descriptor for the first area of Ports O’ Call Village Demolition not the Project Phase I. 1 of 3
EXHIBIT 1
Ports O’ Call Village Demolition Site Photos 1200 Nagoya Way, San Pedro, California 90731
Ports O’ Call Village Phase I Demolition Location
Close-Up Of Ports O’ Call Village & Surrounding Mature Trees
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EXHIBIT 1
Ports O’ Call Village Demolition Site Photos 1200 Nagoya Way, San Pedro, California 90731
Ports O’ Call Village Phase I Demolition Location
All Of The Ports O’ Call Village Retail Shops, Offices, Sidewalk Cafes & Most Boat Docks Have Been Demolished
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EXHIBIT 2
Ports O’ Call Village Demolition Site Photos 1200 Nagoya Way, San Pedro, California 90731
Coastal Ocean Water Contamination From Asbestos & Contaminated Soil Buildings & Land Were Known to Contain Asbestos, Toxic Chemicals, Heavy Metals And Hazadous Materials. There Were No Barriers To Prevent Contaminated Stormwater Run-Off From Going Over The Ocean Sea Wall When It Rained During The Days Of Demolition And Days Thereafter
Asbestos Area Proximity To Ocean – Tuesday 3-27-2018
Delineated Asbestos Material Area – Wednesday 3-28-2018 1 of 2
EXHIBIT 2
Close-Up Delineated Area – Wednesday 3-28-2018
Close-Up Of Bagged Asbestos Material - Wednesday 3-28-2018 2 of 2
EXHIBIT 3
Ports O’ Call Village Demolition Site Photos # 2 1200 Nagoya Way, San Pedro, California 90731 Photos Taken March 28, 2018
Contaminated Soil & Debris Lab Test Sample Site Locations
Sample # 1 Taken Above Wooden Truss On Ocean Sea Wall Sample # 2 Taken Above Cement Sea Wall Edge Over Truss
Sample # 3 Taken From White Rock Rubble Area 1 of 2
EXHIBIT 3
Sample # 4 Taken From Miscellaneous Rubble Area
Sample # 5 Taken From Rubble Around Electrical Piping 2 of 2
EXHIBIT 4
Ports O’ Call Village Demolition Site Photos 1200 Nagoya Way, San Pedro, California 90731
Asbestos Being Removed At Ports O’ Call Village April 6, 2018
Asbestos Was Found On Insulation Material Wrapped Around Underground Pipes As The Back-Hoe Excavator Was Digging. Ports O’ Call Restaurant Which Is Adjacent To The Site Was Open To The Public During This Time.
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EXHIBIT 5
Ports O’ Call Village Demolition Site Photos 1200 Nagoya Way, San Pedro, California 90731
Coastal Ocean Water Contamination From Wooden Truss Removal March 30, 2018 9:08am
Port of Los Angeles demolition contractor using a welding torch to cut and remove Wooden Trusses on Ocean Sea Wall. No coastal ocean water protection or water cover capture tarp was used to prevent contamination of coastal ocean water by falling welding debris, cut metal bolts, nuts, washers, wooden Truss particles and soil particles accumulated on top of wooded trusses.
Torch Cutting Splatter Can Be Seen Falling Into Coastal Waters
Close-Up Sea Wall Wooden Truss With Metal Bolt Heads, Nuts & Washers 1 of 2
EXHIBIT 5
Wooden Trusses Removed With Metal Debris On Sea Wall Foundation At Low Tide
Photo Of Cut Truss Boats, Nuts & Washers Debris On Sea Wall Foundation At Low Tide
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EXHIBIT 6
Ports O’ Call Village Demolition Site Photos 1200 Nagoya Way, San Pedro, California 90731
Red Sea Star Near Ocean Sea Wall During Demolition April 8, 2018
EXHIBIT 7
Ports O’ Call Village Demolition Site 1200 Nagoya Way, San Pedro, California 90731 Photos Taken March 28, 2018
Soil Sample Close-Up Photos # 1 - # 5
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EXHIBIT 8
Ports O’ Call Village Demolition Site All Soil Samples Taken By Jesse N. Marquez On March 28, 2018 Between 5:00pm-6:00pm
Soil Sample Location Descriptions
1. Sample Location # 1 Soil Sample taken from the southeast corner of lot on the east side of the cement ocean sea wall border approximately 3’ below wall above the wooden truss as shown in photo Sample # 1. 2. Sample Location # 2 Soil Sample taken from the southeast corner of lot on top of the ledge of the cement ocean sea wall border above the wooden truss as shown in photo Sample # 2. 3. Sample Location # 3 Soil Sample taken from the south end of the lot approximately 50’ north from south end border and approximately 30’ east from west end of lot border as shown in photo Sample # 3. 4. Sample Location # 4 Soil Sample taken from the south end of the lot approximately 75’ north from south end border and approximately 20’ east from west end of lot border adjacent to street as shown in photo Sample # 4. 5. Sample Location # 5 Soil Sample taken from the south end of the lot approximately 75’ north from south end border and approximately 15’ east from west end of lot border adjacent to street as shown in photo Sample # 5.
EXHIBIT 9
Ports O’ Call Village Demolition Site
Environmental Compliance Management Group Correspondence & Laboratory Sample Soil Test Reports
PORTS O’ CALL SAMPLE EVALUATION
March 30, 2018
Environmental Compliance Management Group 11861 Palmwood Drive, Garden Grove, CA 92840 714-638-5684 * 714-638-9118 fax clamou1024@aol.com email
1.0 PORTS O’ CALL The Los Angeles county City of San Pedro had been the site of village collection of shops and restaurants since the early 1960’s. The original Ports O’ Call had 80 small souvenir and variety shops along with other attractions. It was a major attraction for local and tourist visitors for more than 50 years. In 2018 the management and owners of the Ports O’ Call decided to evict the tenants of the small shops in the complex and bull doze all of the structures down. It is unknown if any of the buildings were inspected for asbestos or any other type of building material(s) that could be considered as hazardous materials or hazardous waste.
1.1 Site Debris The piles of rubble were inspected and sampled by a concerned citizen. Samples were collected a various areas and placed in new containers that were suitable for collection of samples to be analyzed by a certified laboratory. The citizen took photos of where the samples were taken and were brought directly to the offices of Environmental Compliance Management Group (ECM Group). ECM Group trained personnel took the samples and made a Chain of Custody and delivered 5 samples to Eurofins Laboratory for metals analysis. Another 5 samples were prepared of the material that was suspect of containing asbestos. Those samples with a Chain of Custody was delivered to LA Labs in Huntington Beach to be tested for the presence of asbestos.
2.0 LABORATORY RESULTS 2.1 Metals The samples were analyzed for 17 CAM metals using EPA SW846 methods of 3050B for extraction and 6010B for analysis. The following Table are the results of those metals that were detected. Metals not listed in this table are considered to be non detected. Table 1 of Analysis For Metals
Parameter
Results # 1 mg/kg
Results #2 Mg/kg
Arsenic Barium Cadmium Chromium Cobalt Copper Lead Molybdenum Nickel Selenium Silver Vanadium Zinc
29.1 107 0.917 59.7 6.66 147 22.8 1.33 26.1 0.811 0.606 32.7 769
7.99 112 1.78 21.4 6.33 71.3 40.4 1.23 14.2 3.23 0.840 21.3 2790
Results #3 Mg/kg 8.73 108 ND 11.1 3.40 15.5 12.8 0.713 6.93 ND 0.274 20.5 48.9
Results #4 Mg/kg 10.4 132 1.04 17.7 4.36 44.9 14.0 1.69 10.4 ND 2.78 26.3 110
Result #5 Mg/kg 17.8 36.3 3.58 15.0 2.38 39.2 56.2 0.597 6.12 ND 0.466 8.30 515
LIMITS
50 10000 100 500 8000 2500 1000 3500 2000 100 500 2400 5000
2.2 Storm Water With these chemical constituents found in the soil samples it can be assumed that the same constituents will be in any storm water run-off from this site. There were no barriers observed at the site that would have controlled the run-off. A Storm Water permit is required by the State Water Resources Control Board and is administered by Los Angeles County Regional Water Board. A permit is required if the construction site covers an acre or more of land area.
The limits are more restrictive than hazardous waste or land banned. The analysis of the soil samples are indicative of constituents that would be in a storm water discharge from this site. Table 2 Storm Water limits Parameter Storm water Soluble metals Discharge limits mg/liter From analysis in Table 1
Arsenic Cadmium Copper Nickel Silver Zinc Lead
0.15 0.0053 0.0332 1.02 0.0183 0.26 0.262
0.29 0.0363 0.713 0.26 0.0278 0.279 0.562
It is anticipated that the soil analysis, as shown, will be available for discharge to the ocean in or above the analysis shown above. The Ports of Los Angeles and the contractor doing the demolition work should have notified the State Water Resources Control Board and filed for a Construction Permit. In addition the storm water should have been collected and prevented any run-off without being treated to the Standards allowed by the Construction Permit.
3.0 Recommendation Notify both the state and Los Angeles Water Boards by using the internet: Storm Water non-filer web sites; 1. State Water Resources Board/storm water/non_filer www.waterboards.ca.gov/water_issues/programs/stormwater/sw_com pliant.html. You can also transfer to the Los Angeles Region 4 and file the same compliant.