The Dutra Company proposes to build an asphalt plant across the Petaluma River from Shollenberger Park. The site contains a heron/egret colony which produced 79 fledged chicks in 2008. The proposed asphalt plant would be only 200 feet upwind from Shollenberger
Park and according to Dutra's draft EIR generate higher than legally allowed air pollution, noise, night light, and toxic fumes which could be only "partially" mitigated. The final EIR included mitigation measures but still causes great concern in several areas:

1. Excessive levels of odor and toxic chemicals
that would escape their enclosure design;
2. Reycling old asphalt which is noisy and
dusty;
3. Exposing the heron/egret colony to high
levels of noise, pollution, and close
proximity to human activity;
4. Off-loading barges of aggregate at night
which would produce high levels of noise
and light; and,
5. Producing "Rubberized Asphalt", which is
made by cooking old rubber tires with the
asphalt mix. This process is extremely
smelly and emits noticeably higher levels
of toxic fumes according to the Bay Air
Quality Control Board website and Dutra
themselves.

A recent letter from Marin Audubon informed us that Dutra has been a bad neighbor at its San Rafael plant/quarry where they continue to accrue frequent violations of their permit and carry out other illegal activities such as dumping a load of dedge spoils near the Farallon Islands which resulted in a fine of $750,000 from EPA. This pattern of behavior, coupled with the polluting nature of their business, would produce a devastating impact on Shollenberger Park, its visitors, and its wildlife and should not be permitted at this site.

Before PWA learned about rubberized asphalt and Dutra's long track record of bad behavior towards its neighbors in San Rafael, we were willing to work with them provided they used state-of-the-art equipment, true total containment, no asphalt recycling, or nighttime operations, and only 70% of full-capacity operations. We have now changed our preferred position to EIR Alternative A "no project on this site" because of the above concerns.

Mr. Lindsey Mickles, an environmental member of our community, along with David Keller and the
O.W.L. Foundation recently hired the law firm of Lozeau and Drury to fight this project. In a 36-page summary document, these lawyers tore apart the EIR, finding many serious mistakes. O.W.L. is a respected nonprofit which fights for water rights amd water purity in Sonoma County. See Link.

The next and perhaps the final hearing on this project is scheduled for 3 February, 2:00 PM in the Sonoma County Board of Supervisors chambers. We urge members of the public to attend and voice their concerns with this proposed project. We suggest you contact the Board the day before to ensure that the item is still planned for 3 February. Call (707) 565-2241.

Gerald Moore, Chairman, Petaluma Wetlands Alliance