HomeMy WebLinkAboutAttachmt 10 Stg 2 Rez Bklt - Appendix B
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DEPARTMENT OF THE ARMY
SAN FRANCISCO DISTRICT, CORPS OF ENGINEERS
333 MARKET STREET
SAN FRANCISCO, CALIFORNIA 94105.2197
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MAY 2 3 ZOO3
RegulatOlY Branch
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SUBJECT: File Number 25144S
Mr. James Tong
6601 Owens Drive, Suite 100
Pleasanton, California 94566
Dear Mr. Tong:
Enclosed is your signed copy of a Department of the Army permit (Enclosure I) to construct a
masterplanned residential, commercial and open space development in the City of Dublin,
Alameda County, California.
Please complete the appropriate parts of "Notice to Permittee" form (Enclosure 2), and return
it to this office. You are responsible for ensuring that the contractor and workers executing the
activity authorized herein are knowledgeable with the terms and conditions of this authorization.
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Should you have any questions regarding this matter, please call Bob Smith of our Regulatory
Branch at 415-977-8450. Please address all correspondence to the Regulatory Branch and refer
to the file number at the head of this letter.
Sincerely,
~
Michael McCormick ~
Lieutenant Colonel, U.S. Army
District Engineer
Enclosures
Copy Furnished (w/enell only):
US EPA, San Francisco, CA
US FWS, Sacramento, CA
CA RWQCB, Oakland, CA
CA DFG, Yountville, CA
{pRIV ATE}
NOTICE TO PERMITTEE
Please use the forms below to report the dates when you start and finish the work authorized by the enclosed permit. Also if you suspend w.
for an extended period of time, use the forms below to report the dates you suspended and resumed work. The second copy is for your
records. If you find that you cannot complete the work within the time granted by the permit, please apply for a time extension at least one
month before your permit expires. If you materially change the plan or scope ofthe work, it will be necessary for you to submit new drawin
and a request for a modification of your permit.
(cut out as needed) --------------------------------------______._.______________________________________b.____________._____________.___________
Date:
NOTICE OF COMPLETION OF WORK Wlder Department of the Army permit No. 25144S
TO: District Engineer, US Army Corps of Engineers, Regulatory Branch, 333 Market Street, 8th Floor, San Francisco, CA 94105-2197
In compliance with the conditions of the permit dated 5/23/03 to consttuct a master planned community in the City of Dublin, this is to not
you that the work was completed on
Permittee: Jennifer Lin, et. al.
Address: 6601 Owens Drive, Suite 100 Pleasanton, CA 94566-
--------------------------------------------------------------------------------------------------------
Date:
NOTICE OF RESUMPTION OF WORK under Department of the Army permit No. 25144S
TO: District Engineer, US Army Corps of Engineers, Regulatory Branch, 333 Market Street, 8th Floor, San Francisco, CA 94105-2197
In compliance with the conditions ofthe permit dated 5/23/03 to consttuct a master planned community in the City of Dublin, this is to notil
you that work was resumed on
Permittee: J eunifer Lin, et. aJ.
Address: 6601 Owens Drive, Suite 100 Pleasanton, CA 94566-
------------------------------------------------------------------------------------------------------------------------------------
Date:
NOTICE OF SUSPENSION OF WORK WIder Department of the Army permit No. 25144S
TO: District Engineer, US Army Corps of Engineers, Regulatory Branch, 333 Market Street, 8th Floor, San Francisco, CA 94105-2197
In compliance with the conditions of the permit dated 5/23/03 to construct a master planned community in the City of Dublin, this is to notifi
you that work was suspended on
Permittee: Jennifer Lin, et. al.
Address: 6601 Owens Drive, Suite 100 Pleasanton, CA 94566-
----------------------------------------------------------------------------------------------------
Date:
NOTICE OF COMMENCEMENT OF WORK under Department of the Army permit No. 25144S
TO: District Engineer, US Army Corps of Engineers, Regulatory Branch, 333 Market Street, 8th Floor, San Francisco, CA 94105-2197
In compliance with the conditions of the permit dated 5/23/03 to construct a master planned conununity in the City of Dublin, this is to notify
you that work was commenced on
Permittee: Jennifer Lin, et. aJ.
Address: 660 I Owens Drive, Suite 100 Pleasanton, CA 94566-
------------------------------------------------------------------------------------------------------------------------------------------------
I Aug 94
,.,-,.
{PRIVATE}
NOTICE TO PERMITTEE
Please use the fonns below to report the dates when you start and finish the work authorized by the enclosed pennit. Also if you suspend work
an extended period of time, use the forms below to report the dates you suspended and reswned work. The second copy is for your
. .cords. If you find that you cannot complete the work within the time granted by the permit, please apply for a time extension at least one
month before your permit expires. If you materially change the plan or scope of the work, it will be necessary for you to submit new drawings
lnd a request for a modification of your permit.
(cut out as needed) --------------..-----_________________.__________.._.____________.______.________________._______..._.______.___________________.___
Date:
"10TICE OF COMPLETION OF WORK under Department of the Anny permit No. 25144S
;; fO: District Engineer, US Anny Corps of Engineers, Regulatory Branch, 333 Market Street, 8th Floor, San Francisco, CA 94105-2197
In compliance with the conditions of the pennit dated 5/23/03 to construct a master planned community in the City of Dublin, this is to notify
you that the work was completed on
Permittee: Jennifer Lin, et. al.
Address: 660 I Owens Drive, Suite 100 Pleasanton, CA 94566-
------------------------------------------------------------------------------------------------------------------------------
Date:
"10TICE OF RESUMPTION OF WORK under Department of the Anny permit No. 25144S
fO: District Engineer, US Army Corps of Engineers, Regulatory Branch, 333 Market Street, 8th Floor, San Francisco, CA 94105-2197
[n compliance with the conditions of the permit dated 5/23/03 to construct a master planned community in the City of Dublin, this is to notify
you that work was resumed on
Oarmittee: Jennifer Lin, et. al.
Iress: 660 I Owens Drive, Suite 100 Pleasanton, CA 94566.
----------------------------------------------------------------------------------------------------------------
, .
"
,
Date:
"OTICE OF SUSPENSION OF WORK under Department of the Anny permit No. 25144S
fO: District Engineer, US Army Corps of Engineers, Regulatory Branch, 333 Market Street, 8th Floor, San Francisco, CA 94105-2197
.n compliance with the conditions of the permit dated 5f23/03 to construct a master planned community in the City of Dublin, this is to notify
{OU that work was suspended on
>ennittee: Jennifer Lin, et. al.
\ddress: 6601 Owens Drive, Suite 100 Pleasanton, CA 94566-
-------------------------------------------------------------------------------------------------------------------
"
Date:
"OTICE OF COMMENCEMENT OF WORK under Department of the AnnY permit No. 251443
ro: District Engineer, US Army Corps of Engineers, Regulatory Branch, 333 Market Street, 8th Floor, San Francisco, CA 94105-2197
if
n compliance with the conditions of the permit dated 5f23/03 to construct a master planned community in the City of Dublin, this is to notify
IOU that work was commenced on
,lermittee: Jennifer Lin, et. al.
\ddress: 6601 Owens Drive, Suite 100 Pleasanton, CA 94566-
--------------------------------------------------------------------------------------------------------------------------------
, AuC 94
DEPARTMENT OF THE ARMY PERMIT
Permittee: Jennifer Linn. et aI.
Permit No.: 25144S
n
Issuing Office: San Francisco District
NOTE. The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term
"this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the
permitted activity or the appropriate official of that office acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and conditions specified below.
Project Description:
You are authorized to discharge fill into 10.22 acres of wetlands and waters of the United
States to construct a residential and commercial development. Work shall be carried out in
accordance with the attached plans and drawings labeled" APPLICATION BY: Jennifer Lin, et
al; LOCATION: Dublin, CA; COUNTY: Alameda; PURPOSE: Residential, Commercial and
Open Space Development" in 17 sheets, dated April 17, 2000 and April 21, 2003.
"
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Project Location:
The project site is located on unnamed drainages between Tassajara Road and Fallon Road in the
City of Dublin, Alameda, County, California.
,
Permit Conditions:
General Conditions:
1. The time limit for completing the work authorized ends on Oct 15, 2008. If you find that you need more
time to complete the authorized activity~ submit your request for a time extension to this office for consideration at least
one month before the above date is reached.
.;,
2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and
conditions of this pennit. You are not relieved of this requirement if you abandon the permitted activity, although you may
make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to
maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modifi-
cation of this permit from this office, which may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized
by this permit. you must immediately notify this office of what you have found. We will initiate the Federal and state
coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the
National Register of Historic Places.
ENG FORM 1721, Nov 86
EDmON OF SEP 82 IS OBSOlETE
(33 CFR 3]5 (Appendix A))
4. If you sell the property associated with this pennit, you must obtain the signature of the new OWner in the space
provided and forward a copy of the p.ermit to this office to validate the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your proj~ct. you must comply with the conditions
specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is
attached if it contains such conditions.
6. You must alJow representatives from this office to inspect the authorized activity at any time deemed necessary to
ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit.
,
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Special Conditions:
1. The permittee shall comply ,with the terms and conditions of the Biological Opinion. issued on July I,
2002 by the U.S. Fish and Wildlife Services Service pursuant to Section 7 of the Endangered Species Act. A
copy of the opinion is attached.
2. Mitigation shall be carried out in accordance with the mitigation and monitoring plan preparedfor this
project by H.T. Harvey & Associates labeled: " Project Area Mitigation and Monitoring Plan, Dublin. Cali-
fornia" dated March 3, 2003.
.~
Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:
( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.c. 403).
(X) Section 404 of the Clean Water Act (33 U.S.C. 1344).
() Section lO3 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 V.S.C. 1413).
....\
2. Limits of this authorization.
3. This permit does not obviate the need to obtain other Federal. state, or local authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
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c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal project.
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3. Limits of FederaJ Liability. In issuing this permit. the Federal Government docs not assume any liability for the
following:
a. Damages to the permitted project or Uses thereof as a result of other permitted or unpermitted activities or from
natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on
behalf of the United States in the public interest.
, ~-
,
c. Damages to persons, property. or to other permitted Or unpermitted activities or structures caused by the activity
authorized by this permit.
d. Design or, construction deficiencies associated with the permitted work.
2
c. Damage claims associated with any future modification. suspension, or revocation of this permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to
the public interest was made in reliance on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaJuate its decision on this permit at any time the
circumstances warranL Ci~cumstances that could require a reevaluation include. but are not limited to, the follow-
ing;
,-
a. You fail to comply with the terms and conditions of this permit.
~";
b. The information provided by y.ou in support of your permit application proves to have been false, incom-
plete, or inaccurate (See 4 above).
c. Significant new information surfaces which this office did not consider in reaching the original public
interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension. modification, and
revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR
326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requir-
ing you to comply with the terms and conditions of your permit and for the initiation of Jegal action where
appropriate. You wiH be required to pay for any corrective measures ordered by this office, and if you fail to compJy
with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the
corrective measures by contract or otherwise and bill you faT the cost.
6. Extensions. General condition J establishes a time limit for the completion of the activity authorized by this
permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevalua-
tion of the public interest decision, the Corps will normally give favorable consideration to a request for an extension
of this time limit.
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Your s' nature below. as permittee. indicates that you accept and agree to comply with the terms and conditions of
this er L
./IA,v
(Date)
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;>_ "2. C7'O'<7
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(Permi
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This permit becomes effective when the Federal official, designated to act for the Secretary of the Army. has signed below.
~ t1~/Q.~)
Date)
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When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms
and conditions afthis permit will continue to be binding on the new owner(s) of the property. To validate the transfer of
this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign
and date below.
(Transferee)
(Date)
3
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San
Francisco
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f':
Pacific Ocean
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PURPOSE: Residential, Commercial and Open
Space Developm:mt
VICINITY MAP
PROJECT AREA
Scale: I" = 10 roi
LOCATION: Dublin, CA. 900'= East of
TassajllI1l Road and 200'= North ofl-5RO.
SOURCE OF BASE: NOVO
ADJACENT PROPERlY OWNERS:
See Application
APPLICATION BY:
Jennifer Lin, el al.
do James Tong
6601 Owens Dr., Suiie 100
Pleasanton, CA 94566
COUNTY: Alameda
FIGURE: I of 17 DATE: April 17, 2000
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PURPOSE: Residential, Commercial and Open
Space Development
DETAIL AREA MAP
PROJECT AREA
Scale: 1" = 3 mi
LOCATION: Dublin, CA. 900'= East of
Tassajara Road and 200': North ofI-S8G.
SOURCE OF BASE: NOVO
APPLICATION BY:
Jennifer Lin, et. al.
c/o James Tong
6601 Owens Dr., Suite 100
Pleasanton, CA 94566
COUNTY: Alameda
ADJACENT PROPERTY OWNERS:
See Application
FIGURE: 2 ofl7
DATE: April 17,2000
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LEGEND
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PURPOSE: ResidentiaL Commercial and Open
C;:oace Development
DEVELOPMENT PLAN
PROJECT AREA
o 250 500 1000
.
JURCE OF BASE: NGVD
SCAl.E,l~_IOOO'
LOCATION: Dublin, CA. 900'~ East ofTassajam
Road and 200" North ofl-SaO.
ADIACENT PROPERTY OWNERS:
See Application
APPUCATION BY:
Jennifer Lin, et aL
cloIames Tong
6601 Owens Dr., Suite 100
Pleasanton, CA 94566
COUNTY: Alameda
FIGURE: 3 of 17 DATE: April 21, 2003
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PURPOSE: Residential. Commercial and OpeD
Space Development
JURISDICTIONAL WATERS OF TIlE
UNITED STATES
o 250 500 1 000
PROJECT AREA
SOURCE OF BASE: NGVD
SC"lE:l-_~OOCJ'
APPUCATlON BY:
JCIlllifer Lin, el al.
cio James Tong
6601 Owens Dr., Suite 100
PleasanlDn. CA 94566
LOCATION: Dublin, CA. 900'= EastofTassajara
Road and 200'= North ofl.S80.
ADJACENT PROPERTY OWNERS:
See Application
COUNTY: Alameda
FIGURE: 4 of 17
DATE: April 17,2000
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LEGEND
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.. \..... WAn:R5 or TI'tf UNITfD STATes TO ~ flillO
PlJRPOSE: Residential, Commercial and Open
Space Development
WATERS OF TIlE UNITED STArES
TO BE FILLED
o 250 500 1000
oOURCE OF BASE: NGVD
ADJACENT PROPERTY OWNERS:
See Application
SCM.E:l~_l000.
APPUCATJONBY:
Jennifer Lin, el al.
c/o James Tong
6601 Owens Dr, Suite 100
Pleasanto.. CA 94566
17-lOOQ k1Io)'l..s P-'\lfoO::J~-::J~'-E~~.,'_t"".......tr1Lt._o
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AREA C
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PROJECT AREA
LOCATION: Dublin, CA 900'* East ofTassajara
Road and 200'* North ofl.180.
COUNTY: Alameda
FiGURE: 50fl7 DATE: April 21,2003
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PURPOSE: Residentia~ Commercial and Open
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ON-SITE MITIGATION
PROJECT AREA
SOURCE OF BASE: NGVD
SCAlE:t~-1000'
o 250 500 1000
LOCATION: Dublin, CA. 900'= Easl ofTass.j."
Road and 200'= North of 1.580.
ADJACENT PROPERTY OWNERS:
See Application
APPUCATION BY:
Jennifer Lin, el aI.
c/o James Tong
6601 Owens Dr, Suile 100
Pleasanlon, CA 94566
.~l"-~ ....yln p.,lr.o::J.-:JOoopl.......wog\~t..~t;c'O'SIT[HIt.d.g
COUNTY: Alameda
FIGURE: 6ofl7 DATE: April 21.2003
PURPOSE: Residential, Commercial and Open
Space Development
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ADJACENT PROPERTY OWNERS:
See Application
APPLICATION BY:
Jennifer Lin. el al.
c/o James Tong
660 I Owens Dr., Suite 100
Pleasanton, CA 94566
LOCATION: Dublin, CA. 900" East of
Tassajam Road and 200'''' North ofl-580.
30URCE OF BASE: NGVO
COUNTY: Alameda
FIGURE: 7off7 DATE: Aplil2l, 2003
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APPUCATION BY:
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6601 Owms Dr., Suile 100
PIClSlllton, CA 94566
COUNTY: Alam<da
FIGURE: 10 oft? DATE: April 21, 2003
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LOCATION: Dnblin, CA. 900'," East of
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SOURCE OF BASE: NGVO
APPLICATION BY:
Jennifer Lin, et at
c/o James Tong
6601 Owens Dr., Suite 100
PleasanlOD, CA 94566
ADJACENT PROPERTY OWNERS:
See Application
COUNTY: Alameda
DATE: April 21, 2003
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APPLICATION BY:
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c/o James Tong
660 I Owens Dr., Suite 100
Pleasanlon, CA 94566
LOCATION: Dublin, CA. 900'''' East of
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See Application
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FIGURE: 13 of 17 DATE: April 21, 2003
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APPLICATION BY:
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6601 Owens Dr., Suite 100
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LOCATION: Dublin. CA, 900'''' East of
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APPLICATION BY:
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c/o James Tong
660 I Owens Dr., Suite LOO
Pleasanton, CA 94566
ADJACENT PROPERTY OWNERS:
See Application
COUNTY: Alameda
FIGURE: 160fl7 DATE: April 21,2003
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APPUCATION BV:
Jennifer Lin, el aI.
clo James Tong
660 I Owens Dr., Suite 100
Pleasanton, CA 94566
OURCE OF BASE: NGVD
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See Application
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LOCATION: Dublin. CA. 900',), East of
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FIGURE: 17 A of 17 DATE: April 21, 2003
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LOWER NORTIIERN DRAINAGE
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LIMITED
APPUCA nON BY:
Jennifer Lin, et. aI.
elo James Tong
660 I Owens Dr., Suite 100
Pleasanton, CA 94566
PROJECT AREA
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ADJACENT PROPERTY OWNERS:
See Application
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California Regional Water Quality Control Board
San Francisco Bay Region
Internet Address: http://WWW.SwTcb.ca.gov
1515 Clay Street, Suite 1400, Oakland, California 94612
Phone (510) 622-2300' FAX (510) 622-2460
nston H. Hickox
SecrelfJry for
Environmental
Protection
Gray Davis
Gol1el7Jor
Via Certified Mail
No. 70022410000265003543
Date: APR 2 2 Z003
File No. 2198.I1 (KHL)
Site No. 02-0l-COS08
The Jennifer Lin Family
C/o Mr. James Tong
4690 Chabot Dr. Ste. 100
Pleasanton Ca. 94588
Subject:
Transmittal of Order No. R2-2003-0032, Water Quality Certification and Waste
Discharge Requirements, Dublin Ranch Project, City of Dublin, Alameda County
Dear Mr. Tong:
Enclosed please find a copy of the above-referenced Order, as adopted by the Board at its April
16,2003, meeting.
Please note the v.mous required submittals and due dates for reports and plans that are a part of
the Order. We look forward to continue to work with you in the development ofthese reports. In
addition, please note that as per our recent letter, there is an outstanding application fee of $9,500 that
must be remitted.
If you have any questions or further comments, please contact Keith Lichten of my stafIvia
email tokhl@rb2.swrcb.ca.gov. or at (510) 622-2380.
Sincerely,
~.P~
Loretta K. Barsamian
Executive Officer
Enclosure: Board Order No. R2-2003-0032
cc: Dale Bowyer, RWQCB
Bruce Wolfe, RWQCB
Water Quality Certifications, USEP A, WIR-8
Water Quality Certifications, SWRCB-DWQ
Bob Smith, U.S. Anny Corps of Engineers, Regulatory Division
California Environmental Protection Agency
#I) D~_._'_J D__~_
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CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
SAN FRANCISCO BAY REGION
ORDER No. R2-2003-0031
WASTE DISCHARGE REQUIREMENTS AND WATER QUALITY CERTIFICATION FOR:
CHANG SU-O UN (AKA JENNIFER UN), HONG LIEN UN (AKA FREDERIC UN), AND
HONG Y AO UN (AKA KEVIN UN)
DUBLIN RANCH PROJECT, DUBLIN AND LNERMORE, ALAMEDA COUNTY
The California Regional Water Quality Control Board, San Francisco Bay Region, hereinafter
Board, finds that:
I.
Chang Su-O Lin, Hong Lien Lin, and Hong Yao Lin (hereinafter Discharger) propose to
construct a mixed-use residential, commercial, and open space development on a 515-
acre site in the City of Dublin (hereinafter Project). The Project consists of the following
elements:
a. Approximately 2,730 residential units at varying densities on about 271 acres;
b. Approximately 2.3 million square feet of retail, office, and commercial uses on
about 146 acres;
c. 58 acres of parks;
d, Dedication of 45 acres as open space; and,
e, Associated roads, utilities, and other infrastructure.
2.
There are approximately 10.22 acres of jurisdictional waters of the United States,
including creeks and wetlands, on the Project site. In addition, the site contains an
unspecified amount of seasonal creeks that are waters of the State. The site's waters of
the United States are comprised of
a. Freshwater seasonal creeks: 5,548 linear feet (0.52 acres, which includes 0.04
acres of associated seasonal freshwater wetlands, such as seeps);
b. 0.92 acres of 1 freshwater pond;
c. 8.34 acres freshwater seasonal wetlands; and
d. 0.44 acres other wetlands.
3. The Project will result in the direct placement of approximately 20,300 cubic yards of fill
into and/or other permanent disturbance of all of the 10.22 acres of jurisdictional waters
of the United States, inCluding wetlands, and other waters on the Project site.
4. Waters on the Project site serve as habitat for the federally-listed threatened California
Red-Legged Frog (Rana aurora draytonii, hereinafter CRLF), and as habitat for the state
listed species of special concern and federal candidate-for-listing California Tiger
_.~
Order No, R2-2003-0031
permitting for their construction will be required. However, the Discharger has provided
conceptual designs for the ~ee crossings, and the Board anticipates that the crossings
and any associated mitigation will be incorporated into the Mitigation Plan, as discussed
in that Plan.
9.
Financial Assurance: The Discharger has submitted an estimate of the cost of creek and
wetland mitigation implementation, intended to serve as an estimate for the provision of
financial assurance adequate to ensure the success of the proposed mitigation. This Order
requires the Discharger to submit its revised estimates and appropriate supporting
information, to address the revised monitoring periods in the Mitigation Plan, The
Discharge has submitted the final estimates, but not the supporting information. This
Order requires the Discharger to submit, prior to the start of Project construction, a bond
or other appropriate instnunent of financial assurance, callable by the Board, in the
amount of $3,591,620, plus the additional amount necessary to cover the revised
mitigation periods. The financial assurance amount may be stepped down upon the
successful completion of a mitigation item (i,e., the Northern Drainage mitigation as a
whole, Lin Livermore mitigation as a whole, etc.), as determined by the Executive
Officer. In addition, the Discharger may propose to step down the financial assurance for
certain items, like fencing, unlikely to fail once they have been appropriately constructed.
A proposal to do so must be submitted, prior to the start of Project construction, with the
required financial assurance instnunent and proposal. The mitigation [mancial assurance
estimates are:
a. For the Northern Drainage mitigation, $1,097,740;
b. For the Tassajara Creek mitigation, $479,408;
c. For the Lin Livermore mitigation, $1,001,340; and,
d. For the on-site creeks, $1,013,132.
10. Long-term Management: The long-term management of the mitigation sites will be
transferred to an appropriate land management group or agency, subject to the approval of
the Executive Officer. The Center for Natural Lands Management (CNLM) is one such
group that has expressed interest in serving as the land manager of the Northern Drainage,
Tassajara Creek, and Lin Livermore conservation areas. The Discharger has submitted
PAR analyses estimating the endowment amounts necessary for the appropriate
management, in perpetuity, of the conservation areas. This Order requires the Discharger
to work with a third party land manager accepted by the Board to finalize the
determination of what amount of money is necessary for an endowment fund to
adequately finance the monitoring and perpetual management and maintenance of the
preserve and endangered species habitat protection areas, and to submit this
determination to the Board, acceptable to the Executive Officer. The Discharger has
presently estimated that an amount of $963,525 is necessary, and this Order requires
provision of at least this amount, or a greater amomit, as determined through consultation
with the accepted land manager. Under the present estimate, the $963,525 is distributed
as follows:
a. For the Northern Drainage conservation area: $452,083;
b. For the Tassajara Creek conservation area: $186,794; and,
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Order No. R2-2003.0031
c. For the Lin Livermore conservation area: $324,648.
11. On September 21, 2000, the Discharger submitted an initial application for Water Quality
Certification and Waste Discharge Requirements for the Project. That application was
. subsequently completed by additional submittals.
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12. The Board has detennined to Iegulate the proposed discharge of fill materials into waters
of the State by issuance of Waste Discharge Requirements (WDRs) pursuant to Section
13263 of the California Water Code (CWe) and 23 CCR 93857, in addition to issuing
certification pursuant to 23 CCR 93859. The Board considers WDRs necessary to
adequately address impacts and mitigation to beneficial uses of waters of the State from
this project, to meet the objectives of the California Wetlands Conservation Policy
(Executive Order W-59-93), and to accommodate and require appropriate changes over
the life of the project and its construction.
,
13. The Board, on June 21,1995, adopted, in accordance with Section 13244 et. seq. of the
CWC, a revised Water Quality Control Plan, San Francisco Bay Basin (Basin Plan). This
updated and consolidated revised Basin Plan was approved by the State Water Resources
Control Board and the Office of Administrative Law on July 20, 1995, and November 13,
1995, respectively. A summary of regulatory provisions is contained in 23 CCR 3912.
The Basin Plan defines beneficial uses and water quality objectives for waters of the
State, including surface waters and groundwaters. This Order is in compliance with the
Basin Plan.
.
14. The subject wetlands, seasonal creeks, and other waters on the Project site are located in
the South Bay Basin, and are tributary to Arroyo Mocho. .Arroyo Mocho flows into the
Arroyo de la Laguna, Alameda Creek, and thence to San Francisco Bay. The Northern
Drainage and Tassajara Creek mitigation are tributary to Tassajara Creek, and thence to
Arroyo Mocho. The Lin Livermore mitigation site is tributary to the Arroyo Las Positas,
and thence to Arroyo Mocho. The Basin Plan does not explicitly identifY beneficial uses
for waters on the Project site. However, the Basin Plan states that U[t]he beneficial uses
of any specifically identified waterbody generally apply to all of its tributaries." The
Arroyo de la Laguna and Alameda Creek have the following existing beneficial uses
defined in the Basin Plan: agricultural supply, cold freshwater habitat, ground water
recharge, fish migration; water contact recreation; non-contact water recreation; fish
spawning; wann freshwater habitat; and wildlife habitat. Additionally, waters on the
Project site provide potential habitat for the preservation of rare and endangered species,
including breeding and dispersal habitat for the federally listed threatened CRLF, and
breeding habitat for the state-listed species of special concern CTS.
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15. The Basin Plan Wetland Fill Policy (policy) establishes that there is to be no net loss of
wetland acreage and no net loss of wetland value when the project and any proposed
mitigation are evaluated together, and that mitigation for wetland fill projects is to be
located in the same area of the Region, whenever possible, as the project. The policy
further establishes that wetland disturbance should be avoided whenever possible, and if
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Order No. R2-2003-0OJ I
not possible, should be minimized, and only after avoidance and minimization of impacts
should mitigation for lost wetlands be considered.
16, The goals of the California Wetlands Conservation Policy (Executive Order W-59-93,
signed August 23, 1993) include ensuring "no overall loss" and achieving a ".. .long-term
net gain in the quantity, quality, and permanence of wetland acreage and values...."
Senate Concurrent Resolution No. 28 states that "[i]t is the intent of the legislature to
.
preserve, protect, restore, and enhance California's wetlands and the multiple resources
which depend on them for benefit of the people of the State." Section I3 142.5 of the
CWC requires that the "[h]ighest priority shall be given to improving or eliminating
discharges that adversely affect... wetlands, estuaries, and other biologically sensitive
areas."
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17. TIlls Order applies to the temporary and permanent fill and indirect impacts to waters of
the State associated with the Project, which is comprised of the components listed in
Finding I. Construction of the project will result in the permanent placement of fill in
and/or disturbance of 10.22 acres of jurisdictional waters, including freshwater seasonal
wetlands, seeps, and creeks. The permanent impact of this fill on waters was identified as
a potentially significant impact in the Environmental Impact Report (hereinafter EIR) and
Negative Declarations certified for the Project.
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18. The Discharger has submitted an Alternatives Analysis and supplemental information
described in the Staff Report to show that appropriate effort was made to avoid and then
to minimize wetland disturbance, as required by the Basin Plan. Board and federal
agency staff held extensive additional discussions with the Discharger regarding its
Alternatives Analysis. The Board concurs with the conclusions of the Alternatives
Analysis, as supplemented.
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19. Discharges of storm water associated with construction activity will occur. The CEQA
documents certified for the Project identify such discharges, including the pollutants
associated with them, as a potentially significant impact. The Discharger is responsible
for obtaining appropriate pennits for these discharges, including complying with the rules
and regulations of National Pollutant Discharge Elimination System (NPDES) pennit
requirements. This includes complying with the requirements Of State Water Resources
Control Board Water Quality Order No. 99-08-DWQ, the NPDES General Permit for
Storm Water Discharges Associated with Construction Activity (hereinafter General
Permit).
20. Discharges of storm water associated with the post-construction operation and
maintenance of the Project will occur following its completion. The CEQA documents
certified for the Project identifY such discharges, including the pollutants associated with
them, as a potentially significant impact. The Discharger is responsible for obtaining
appropriate permits for these discharges, including complying with the rules and
regulations ofNPDES permit requirements. TIlls includes complying with the
requirements placed on the Project under NPDES Permit CAS002983 I, the NPDES
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Order No, R2-2003-0031
Municipal Storm Water Permit that covers the City of Dublin. The Discharger has
submitted a SWMP for its project that, together with the additional submittals required
under this Order, is consistent with the requirements ofNPDES Permit CAS002983I,
Provision C.3, the permit provisions addressing new and redevelopment projects.
21.
Because of the Project's proximity to sensitive resources, including special status species
habitat, and potential to discharge materials that could significantly impact those
resources, this Order requires the Discharger to submit a Storm Water Pollution
Prevention Plan or Plans (SWPPPs) for the Project, prepared pursuant to the provisions of
the General Permit, at least 60 days prior to the beginning of construction for the Project.
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22. Discharges of ground water or other non-storm water during construction may be
required. This Order considers such discharges covered by the General Permit,
contingent on submittal of an acceptable discharge plan at least 30 days prior to such a
discharge.
23. The Califomia Environmental Quality Act (CEQA) requires all projects approved by
State agencies to be in full compliance with CEQA, and requires a lead agency to prepare
an appropriate environmental document (e.g., Environmental Impact Report or Negative
Declaration) for such projects. The Board finds, after review of the Project's
environmental documents, that all environmental impacts have been identified and, with
compliance with the conditions of this Order, will be mitigated to a level of
insignificance. On May 10, 1993, the City of Dublin certified the Addendum and Final
Environmental Impact Report for the Eastern Dublin General Plan Amendment and
Specific Plan, which includes the Project. On November 18, 1997, the City of Dublin
certified Negative Declarations for Dublin Ranch Areas A through E, ar.d on February IS,
2000, for Dublin Ranch Areas F, G, and H, which include the Project area and/or areas
associated with the Project and its mitigation.
24.
On August 14, 2000; the U. S. Army Corps of Engineers (Corps) issued a Public Notice
for a proposed Individual Pennit for the Project (Corps File No. 25144S) pursuant to
Section 404 of the Clean Water Act.
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25. On. July 1,2002, the United States Fish and Wildlife Service (USFWS) issued a
Biological Opinion for the Project (USFWS File No. I-1-01-F-0208).
26.
Pursuant to 23 CCR Sections 3857 and 3859, the Board is issuing WDRs and Water
Quality Certification for the Project as described herein.
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27. The Board has notified the Corps, City, U.S. Fish and Wildlife Service (USFWS), CDFG,
and other interested agencies and persons of its intent to prescribe WDRs and Water
Quality Certification for this discharge.
28. The Board, in a public meeting, heard and considered all comments pertaining to the
discharge.
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Order No, R2-2003-0031
29. This Project file is maintained at the Board under File No. 2199.9439 and Site No. 02-01-
C0508.
"'1
IT IS HEREBY ORDERED that Chang Su-O Lin (aka Jennifer Lin), Hong Lien Lin (aka
Frederic Lin), and Hong Yao Lin (aka Kevin Lin)(hereinafter Discharger), in order to meet the
provisions contained in Division 7 of the California Water Code and regulations adopted
thereunder, shall comply with the following, pursuant to authority under CWC Sections 13263
and 13267:
A. Discharge Prohibitions
1. The direct discharge of wastes, including rubbish, refuse, bark, sawdust, or other solid
wastes into surface waters or at any place where they would contact or where they would
be eventually transported to surface waters, including flood plains, is prohibited.
The discharge of floating oil or other floating materials from any activity in quantities
sufficient to cause deleterious bottom deposits, turbidity, or discoloration in surface
waters is prohibited.
The discharge of silt, sand, clay, or other earthen materials from any activity in quantities
sufficient to cause deleterious bottom deposits, turbidity, or discoloration in surface
waters is prohibited.
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4.
The wetland fill activities subject to these requirements shall not cause a nuisance as
defined in CWC g13050(m).
5.
The discharge of decant water from active dredging or fill sites and dredged material
stockpile or storage areas to surface waters or surface water drainage courses is
prohibited, except as conditionally allowed following the submittal of a discharge plan or
plans as described in the Provisions.
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6.
The groundwater in the vicinity of the Project shall not be degraded as a result of the
Project activities or placement of fill for the Project.
7. The discharge of materials other than storm water, which are not otherwise regulated by a
separate NPDES permit or allowed by this Order, to waters of the State is prohibited.
8. The discharge of drilling muds to waters of the State, or where such muds could be
discharged to waters of the State, is prohibited.
B. Provisions
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Order No, R2-2003-0031
1. The Discharger shall comply with all Prohibitions and Provisions of this Order
immediately upon adoption of this Order or as provided below.
2.
The Discharger shall submit copies of all necessary approvals and/or permits for the
Project and mitigation projects from applicable government agencies, including, but not
limited to, CDFG, USFWS, City of Dublin, and Corps, for each Project component as
applicable to that component, prior to the start of construction on that component.
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Proiect Implementation Deadlines
3. No construction shall commence on any Project component until all required documents,
reports, plans, and studies required in the Provisions associated with that component have
been submitted to and found acceptable by the Executive Officer. For example, mass
grading for the Project may begin, within the timelines of the related Provisions, when the
required fmancial assurance documents, SWPPP, and other documents required in the
Provisions have been accepted by the Executive Officer. In all cases where the
Discharger is required to make a submittal acceptable to the Executive Officer, the
Executive Officer may determine that construction may begin sooner than the specified
number of days for the submittal prior to the beginning of construction.
4.
Not later than 60 days prior to the beginning of construction, the Discharger shaH submit,
acceptable to the Executive Officer, a Plan that includes all appropriate Mitigation Plan
implementation dctails that are not presently included in the Mitigation Plan. This
includes planting plans and details such as designs and construction drawings for in-
stream structures, pond reconstructions, inigation plans, and all other information, as
appropriate. Upon the Executive Officer's determination that the Plan is acceptable, the
Executive Officer may determine that construction may begin sooner than 60 days
following submittal of the acceptable Plan.
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A Plan for the following mitigation component may be submitted later than 60 days prior
to the beginning of construction, but must be submitted within twelve months of the date
of Board approval of this Order: the 7.43 acre mitigation area at the base of the Northern
Drainage watershed above Tassajara Road, including the reconstruction of the road
crossmg.
I
A Plan for the proposed on-site creek reconstruction may be submitted later than 60 days
prior to the beginning of construction, but shall be submitted no later than the time of on-
site project design for adjacent urban development (i.e., residential and/or non-residential
uses), and shall include a schedule for construction at the same time as or prior to grading
for that adjacent development.
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The Plan must include:
a. Proposed channel designs and earthwork for all creeks, including appropriate
longitudinal and cross sections and plan views;
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Order No. R2-2003-0031
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b.
A detailed planting plan, including species lists, plant sizes and numbers, and
planting designs relative to creek cross sections and plan views;
An irrigation plan for the mitigation areas, where irrigation is proposed;
A workplan for future submittals of specific details and plans for all creek
sections that will be culverted, bridged, or otherwise crossed or immediately
adjoined by roads, paths, or similar improvements;
A finalized [mancial assurances proposal with all appropriate detail on financial
assurances being provided to ensure the establislunent and success, in perpetuity,
of the proposed mitigation;
An implementation schedule that provides for completion of construction of the
proposed mitigation within 24 months of the Board's adoption of this Order,
proposed timing for the reconstruction of the Tassajara Road crossing of the
Northern Drainage to a bridge design as specified above, and estimated timing for
the submittal of bridge crossing ROWDs for the Fallon RoadINorthern Drainage
and Tassajara Creek crossings. However, completion of construction ofthe
Northern Drainage mitigation, except the 7.43 acre site and Tassajara Road
Crossing, may be as late as 30 months following the Board's adoption of this
Order. Completion of construction for the 7.43 acre site and Tassajara Road
Crossing shall be no later than 36 months following the Board's adoption of this
Order. The implementation schedule shall ensure the completion of the majority
of work within the first 12 months following Board adoption of this Order;
Incorporation ofH. T. Harvey & Associates' memo of March 12, 2003, into the
Mitigation Plan's Performance Standards and Success Criteria;
Revised Grazing PlanlHabitat Management Plan language to reflect that the
grazing regime in a conservation area may be altered during the grazing season,
within the limits ofthe Plans, if it is clear that the expected performance standards
will not be met;
Incorporation of the following success criteria for the success of CRLF and CTS,
as per the Habitat Management Plans, into the Mitigation Plan:
i) CRLF: The proposed Northern Drainage and Lin Livermore mitigation
sites shall each result in the creation and/or enhancement of habitat in
which CRLF are breeding and of high-quality dispersal habitat for CRLF,
and on which CRLF predators have been appropriately minimized. The
proposed Tassajara Creek mitigation site shall result in high-quality
habitat for the CRLF, in which CRLF are present and CRLF predators
have been appropriately minimized.
ii) CTS: The proposed Northern Drainage mitigation sites shall result in the
creation of habitat providing high-quality breeding, larval, and aestivation
habitat; and,
All other information related to this Provision, Sections a-i, as appropriate.
c.
d.
e.
f:
5. As-built plans for the mitigation sites shall be prepared as per the Mitigation Plan, and
submitted to the Board within 8 weeks of the completion of mitigation site construction.
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Order No. R2-2003-0031
6.
Annual monitoring reports shall be submitted to the Board by December 31 of each
monitoring year, as per the Mitigation Plan, and until the sites have met their performance
standards and final success criteria and the Executive Officer has accepted a notice of
mitigation completion for each site. Monitoring reports shall be prepared as described,
and shall also include the proposed annual grazing and special-status species monitoring,
including photographs, residual dry matter monitoring results, and all other information,
as appropriate.
7.
Not later than 60 days prior to the beginning of construction, the Discharger shall submit,
acceptable to the Executive Officer, draft conservation easements for all mitigation areas,
including finalized locations of the two easement zones on Tassajara Creek and the
adjacent tributaries as more specifically set forth herein. Upon the Executive Officer's
acceptance ofthe draft easements, the Executive Officer may determine that work may
begin sooner than 60 days after submittal of acceptable easements. The drafts shall be
finalized within ten months of the date of adoption ofthis Order and final executed
easements, acceptable to the Executive Officer, shall be submitted within twelve months
of the date of adoption of this Order.
a. The Tassajara Creek Conservation Area (TCCA) easements shall follow the
stability analysis completed by Berlogar GeoTechnical Consultants, as reported in
the Mitigation Plan, sufficient to provide that the boundary between the habitat
conservation area ("Tassajara Creek Management Zone," or TCMZ) and the
private conservation area is at or outside a stable setback from the banks of
Tassajara Creek, Moller Ranch Creek, and the Northern Drainage. The private
conservation area easement may allow the following uses in that area: a
pedestrian trail; water quality features (e.g., vegetated swales or detention basins
to treat stormwater runoff); and, the placement of fill into upland areas.
b. The construction of a pedestrian trail within the Northern Drainage Conservation
Area shall be prohibited, except upon submittal, acceptable to the Executive
Officer, of an acceptable trail design. Such a design shall minimize any
encroachment into the Conservation Area. Where encroacbment is necessary, it
shall be limited to hill areas on the south side of the Northern Drainage (e,g"
along the existing paved water tank access road, or at a similar elevation).
8. The Discharger shall submit a ROWD or ROWDs for each of its proposed bridge
crossings of the conservation areas as discussed in the Findings, and receive appropriate
review and action by the Board, prior to beginning construction ofthose projects.
.
9. Not later than 60 days prior to the beginning of construction, the Discharger shall submit,
acceptable to the Executive Officer, a SWMP implementation plan. The SWMP
implementation plan shall include the following:
a. A work plan and schedule for the proposed submittal, acceptable to the Executive
Officer, of final designs for the proposed regional water quality pond, and
including a schedule for the pond's construction and completion, not less than 48
months after the beginning ofProj ect construction, or after the development of at
least 60 percent of the Project (streets and utilities in place and building pads
11
Order No. R2-2003-0031
b.
graded), whichever occurs first This shaH also include a work plan and schedule
for the submittal of an Operations and Maintenance (O&M) plan, as described in
the SWMP, that addresses O&M for the regional pond and other BMPs;
Submittal of finalized Storm Water Quality Deed Restrictions and proposed
funding amounts under the Deed Restrictions, sufficient to ensure the appropriate
O&M of the regional pond and other BMPs for their lifetime;
Provision for submittal to the Board of City of Dublin-approved post-construction
Stormwater Management Plans for projects in the General Commercial,
Commercial, and medium-high and high-density residential areas, within areas B,
C, and H, at the time those projects are constructed.
c.
Board staff shall review the submitted SWMPs to determine whether appropriate
design measures, source controls, and treatment measures, as described in the
Project SWMP, have been included to the maximum extent practicable (MEP) in
those projects. Should the Executive OffIcer determine that the Plans have failed
to include those measures to the MEP, the Executive OffIcer shall notifY the
Discharger and the City of Dublin of this determination in writing. After such a
notification, future sub-project specific SWMPs shall be submitted, acceptable to
the Executive Officer, at least 60 days prior to the beginning of construction for
each sub-project. Should a sub-project specific SWMP be unacceptable to the
Executive Officer, then Board staff shall provide comments on the SWMP within
30 days of SWMP submittaL This process (i.e., required submittal of sub-project
SWMPs, acceptable to the Executive OffIcer, prior to construction) shaH continue
until the City-of Dublin has demonstrated, acceptable to the Executive Officer,
that it has revised its review and approval process sufficient to ensure that
appropriate BMPs will be included to the MEP in Dublin Ranch sub-projects.
10. Not later than 60 days prior to the beginning of construction, the Discharger shaH submit,
acceptable to the Executive OffIcer, proof of financial assurance adequate to ensure the
success of the proposed creek and wetland mitigation as described in Finding 9. This
may consist of a bond, certificate of deposit, or other instrument caHable by the Board in
the event of creek and/or wetland mitigation failure. This financial assurance shall be no
less than $3,591,620. Not later than one week before submitting its proof of financial
assurance, the Discharger shall submit a report, acceptable to the Executive OffIcer, with
the supporting information necessary to demonstrate that this amount includes that
necessary to cover the revised mitigation periods, as revised in the Mitigation Plan. The
Discharger may submit, acceptable to the Executive OffIcer, a proposal to "step down"
the mitigation over time, as described in the Findings.
I I. Not later than 60 days prior to the beginning of construction, the Discharger shaH submit,
acceptable to the Executive OffIcer, a draft agreement with a third party appropriate to
manage the conservation areas perpetuity. Upon the Executive OffIcer's acceptance of
the draft agreement, the Executive OffIcer may determine that work may begin sooner
than 60 days after submittal of the agreement. The draft shaH be finalized within ten
months of the date of adoption of this Order and a final executed agreement, acceptable to
12
Order No. R2-2003.0031
acceptable to the Executive Officer, at least 30 days prior to such a discharge.
18. The Discharger shall notifY the Board in writing at least 30 days prior to actual start dates
for each Project component (i.e., prior to the start of grading or other construction activity
for any Project component, including the creek and wetland mitigati9n components).
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19.
The Discharger shall at all times fully comply with the engineering plans, specifications,
and technical reports submitted with its application for water quality certification and the
completed report of waste discharge,
20. The Discharger is considered to have full responsibility for correcting any and all
problems that arise in the event of a failure that results in an unauthorized release of
waste or wastewater.
21. The discharge of any hazardous, designated or non-hazardous waste as defined in Title
23, Division 3, Chapter 15 of the California Administrative Code, shall be disposed of in
accordance with applicable state and federal regulations.
22. The Discharger shall remove and relocate any wastes that are discharged at any sites in
violation of this Order.
23,
In accordance with CWC 913260, the Discharger shall file with the Board a report of any
material change or proposed change in the ownership, character, location, or quantity of
this waste discharge. Any proposed material change in operation shall be reported to the
Executive Officer at least 30 days in advance of the proposed implementation of any
change. This shall include, but not be limited to, all significant new soil disturbances, all
proposed expansion of development, or any change in drainage characteristics at the
Project site. For the purpose of this Order, this includes any proposed change in the
boundaries of the area of wetland/waters of the United States to be filled.
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24.
The following standard conditions apply to this Order:
a. Every certification action is subject to modification or revocation upon
administrative or judicial review, including review and amendment pursuant to
CWC 913330 and 23 CCR 93867.
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b.
Certification is not intended and shall not be construed to apply to any activity
involving a hydroelectric facility and requiring a Federal Energy Regulatory
Commission (FERC) license or an amendment to a FERC license unless the
pertinent certification application was filed pursuant to 23 CCR !l3855(b) and that
application specifically identified that a FERC license or amendment to a FERC
license for a hydroelectric facility was being sought.
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Order No. R2-2003-0031
c. Certification is conditioned upon total payment of any fee required pursuant to 23
CCR 93833 and owed by the discharger.
25. The Discharger shall maintain a copy of this Order at the Project site so as to be available
at all times to site operating personnel and agencies.
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26.
The Discharger shall permit tbe Board or its authorized representative at all times, upon
presentation of credentials:
a. Entry onto Project premises, including all areas on which wetland fill or wetland
mitigation is located or in which records are kept.
b. Access to copy any records required to be kept under the terms and conditions of
this Order.
c. Inspection of any treatment equipment, monitoring equipment, or monitoring
method required by this Order.
d. Sampling of any discharge or surface water covered by this Order.
27.
lbis Order does not authorize commission of any act causing injury to the property of
another or of the public; does not convey any property rights; does not remove liability
under federal, state, or local laws, regulations or rules of other programs and agencies, nor
does this Order authorize the discharge of wastes without appropriate permits from other
agencies or organizations.
28.
The Board will consider recission of this Order upon Project completion and the
Executive Officer's acceptance of notices of completion of mitigation for all mitigation,
creation, and enhancement projects required or otherwise permitted now or subsequently
under this Order. '
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I, Loretta K. Barsamian, Executive Officer, do hereby certifY that the foregoing is a full,
complete, and correct copy of an Order adopted by the California Regional Water Quality
Control Board, San Francisco Bay Region, on April 16, 2003.
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Executive Officer
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