SENATOR
FEINSTEIN, GOVERNOR DAVIS, INTERIOR SECRETARY NORTON ANNOUNCE AGREEMENT ON
ACQUISITION OF 16,500 ACRES OF
SAN FRANCISCO
Negotiations Concluded; Stage Set for Largest
Wetlands Restoration Project on West Coast
SAN FRANCISCO – Governor Gray Davis, U.S. Senator Dianne Feinstein (D-Calif.), and Interior Secretary Gale Norton announced that negotiations over a landmark public-private partnership to purchase 16,500 acres of salt ponds – and associated salt-making rights – along the San Francisco Bay shore and Napa River were successfully concluded today.
“This
project offers Californians an unprecedented opportunity to improve the physical,
biological and chemical health of the
The
agreement met the principles as announced on
Under
the terms of the conveyance agreement, 16,500 acres in the
Environmental site assessments of the property, details of Cargill’s responsibilities for site cleanup, the agreement regarding the phase-out of salt-making operations, and a full summary of the conveyance document will be finalized and made available to the public in January, well in advance of the Wildlife Conservation Board meeting. (Overviews are provided below.) The conveyance agreement and State and federal appraisals of the property being acquired will be made available following the close of escrow, estimated to be in early March 2003.
“This
historic agreement sets in motion the largest wetlands restoration undertaken
in
The agreement was reached following more than six months of intensive negotiations with Cargill, the owner of the salt ponds. Cargill has conducted salt-making operations in the Bay since 1978 and is the latest salt making company in a long line stretching back to the Gold Rush days 150 years ago.
“I am pleased that these important negotiations with Cargill have been successfully concluded,” Gov. Davis added. “I appreciate Cargill’s agreement to assume the responsibility for environmental cleanup required by the agencies. Cargill’s commitments in the agreement will substantially benefit the public.”
The U.S. Fish and Wildlife Service and California Department of Fish and Game will own and manage the properties under agreed-upon principles. Cargill will continue to operate and maintain the ponds after FWS and CDFG acquire title until the ponds meet the transfer conditions specified in the phase out agreement.
“This historic agreement is an example of a new environmentalism in which government works hand-in-hand with conservation groups, corporations, tribes, private landowners, and others to conserve our land,” Interior Secretary Gale A. Norton said. “The restored marshes will improve water quality by filtering storm water runoff, provide a buffer between the bay and urban areas, and benefit hundreds of species of fish and wildlife, including endangered and threatened species such as the California clapper rail, the salt marsh harvest mouse, the California least tern, and the western snowy plover.”
The
full funding package includes $100 million for acquisition and $35 million
for five years of initial stewardship and restoration planning. Funding for
acquisition includes $72 million from the State of
The
parties have jointly developed a proposed initial stewardship plan designed
to maintain existing habitat values and prevent a buildup of salt in the ponds
while long term restoration planning is underway. This plan, which will require
permits from the Regional Water Quality Control Board and other agencies,
envisions installing new water control structures and reopening the ponds
to
During
the interim stewardship period, the California Coastal Conservancy’s
Environmental organizations, both local and national, played a constructive role in reaching an agreement.
“Many parties deserve credit for making this agreement possible,” Senator Feinstein said. “By selling this critical environmental property at such a fair price, Cargill is leaving an important legacy that can be enjoyed by generations of Bay Area residents. I am also grateful for the support of the environmental community, and their future involvement in the restoration process will be vital to its success. I would like to recognize the countless hours of work from state and federal officials, who helped negotiate the details of this agreement. And finally, this project would not have been possible without the assistance of the philanthropic foundations. I’d especially like to acknowledge the contributions and commitment of the Hewlett Foundation, the Moore Foundation, the Packard Foundation and the Goldman Fund.”
“It is good news
indeed that the parties have succeeded in resolving their differences regarding
the purchase of Cargill Salt Ponds,” said Byron D. Sher
(D-Stanford), Chair of the Select Committee on Baylands
Acquisition. “Public acquisition of these lands, many of which are located
in my district in the
For a map of the salt ponds, contact Lori Johnson, Cargill, at 510-790-8157
The agreement summaries can be found at www.resources.ca.gov.
Agreement Summaries, Cargill Salt Ponds Purchase
1)
CONVEYANCE AGREEMENT
Cargill will sell 16,500
acres of properties in the
·
The State will acquire approximately 6,900 acres of
property (a combination of fee title and reserved salt-making rights) in
·
The
·
· The $100 million negotiated purchase price is payable in full at closing, as follows:
$72 million - State
$20 million - Participating Foundations
$8 million
-
·
Cargill is responsible for removing shallow soil contamination
from isolated areas of the 20-acre upland portion of the
· Cargill is not released from liability for cleanup of hazardous materials required under applicable environmental law after close of escrow.
·
Cargill is responsible for addressing 35 wells in
· Cargill will provide financial security for the work listed above that will be performed after closing.
·
Cargill will remove certain specified debris and other
items from the property, including some structures at the
·
One of the
·
The agreement is subject to approval by the Wildlife
Conservation Board (WCB), which will consider the issue at its
2)
PHASE OUT AGREEMENT
The properties have been
used for solar salt-making, which involves moving Bay waters through a series
of ponds and allowing evaporation to increase salinity levels. It takes time
not only to make salt, but also to stop the salt-making process and to transition
the ponds to a flow-through water circulation system. The Phase Out Agreement addresses this transition or phase out, which
will occur over several years after the State and Federal governments acquire
the property.
· The Phase Out Agreement describes Cargill’s responsibilities and cooperation with the California Department of Fish and Game (CDFG) and the U.S. Fish and Wildlife Service (FWS) after close of escrow. This 50-page agreement describes the condition of the ponds at transfer; responsibilities for operating and maintaining the ponds; performance standards; schedules for completion, reporting and certification requirements; and the financial security Cargill will provide CDFG and FWS to assure all obligations are met.
·
Cargill will reduce salinity levels in the
·
However, if the RWQCB has not acted by
· An independent third party must certify that the Transfer Standard has been met before Cargill’s operation and maintenance responsibilities are ended.
·
Because of their geographic location, physical characteristics,
and historic and anticipated use by wildlife, Cargill will meet different
salinity reduction standards at Alviso High Salinity
Ponds A-22 and A-23 in the
·
The
3) ENVIRONMENTAL SITE ASSESSMENTS
A primary goal of FWS and CDFG has been to determine whether there are any recognized environmental conditions that should be addressed before or as a condition of acquiring the property. The agencies, with the assistance of consultants, employed a multi-step process to obtain data on which to base their decisions.
· FWS and CDFG reviewed the Phase I Environmental Site Assessment (ESA) of the property prepared on behalf of Cargill by the environmental consulting firm of Erler and Kalinowski, Inc. The ESA was prepared according to American Society of Testing and Materials (ASTM) standards for such assessments. These ASTM standards are a generally accepted business practice and are recognized by environmental laws as being the appropriate standard for reviewing property before acquisition.
· FWS used the ESA to conduct its own federally required Level I survey, then followed up with a Level II site assessment that included 18 sediment samples and more than 100 biota (snail and fish) samples in the South Bay ponds.
·
CDFG conducted Level II sampling and analysis at the
Key Findings
An analysis of
the data from the Level I and II assessments identified two issues associated
with salt-making operations that require remediation. Both are located at
the
·
Lead, believed to have been from lead-based paint, was
found in the soils immediately surrounding two residences at the
·
FWS’ Level I survey identified the presence of mercury
in the
· The presence of mercury was further evaluated by FWS in its Level II survey. As anticipated, the Level II Site Assessment shows the sediments in the ponds closest to the Guadalupe River/Alviso Slough contain levels of mercury that are similar to the adjacent slough channels but are higher than average levels in other parts of the Bay. The highest levels of mercury were found in ponds already owned by FWS. Given the currently available information about the presence and possible impacts of mercury in those ponds, it is reasonable to address the situation through management options during restoration.
· No evidence of contamination was detected in the samples collected at the Baumberg ponds. These ponds, having been used for recreational hunting, were sampled to determine the presence or absence of lead contamination. No lead pellets or significant lead residues were found.
·
The ponds at the
4)
INITIAL STEWARDSHIP
FWS and DFG, with technical
assistance from Cargill, have developed a proposed initial stewardship plan
for the properties to be acquired. The plan is designed to maintain existing
habitat values and prevent a build up of salt in the ponds in a cost-effective
manner while long-term restoration planning is underway. It envisions reopening
the ponds to
·
FWS and CDFG will need to construct some additional
water control structures in order to manage the acquired properties during
the initial stewardship period. Installation
of those structures will require permits from the U.S. Army Corps of Engineers,
the San Francisco Bay Conservation and Development Commission and the RWQCB.
5)
LONG-TERM RESTORATION PLANNING
South Bay
The goals of the long-term
restoration planning are to restore and enhance wetland habitats for migratory
birds and threatened and endangered species, provide for flood management,
and provide public access and recreation opportunities in the
· The California Coastal Conservancy’s San Francisco Bay Program will lead a collaborative planning effort with FWS and CDFG. Initial funding for the planning effort will be provided by the Coastal Conservancy and the Hewlett, Packard and Moore Foundations.
· In order to ensure the development of a scientifically sound, widely supported restoration, flood management, and public access plan, the project team will actively engage trustee and regulatory agencies, local governments, nongovernmental organizations, the scientific community, and the public in the restoration planning process. There will be frequent opportunities for organizations, agencies, and individuals to be involved in the planning process, which is expected to take approximately five years.
· The Web site for the South Bay Salt Pond Restoration Project will be www.southbayrestoration.org and will be active by the end of 2002. Meeting notices, project updates, and other resources will be available on the Web site.
Napa
In cooperation with the California
Coastal Conservancy and private foundations, CDFG will initiate the restoration
planning process for the
Ponds surrounding
the
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