Calif Clean Water Act sect 401 Water Qual Certification ydl
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California Regional Water Quality Control Board
San Diego Region
Winston H. Hickox Internet Address: http://www.swrcb.ca.gov/-rwgcb9/ Gray Davis
Secretaryfor 9771 Clairemont Mesa Boulevard, Suite A, San Diego, California 92124-1324 Governor
Environmental Phone (858) 467-2952 • FAX (858) 571-6972
Protection
Action on Request for
Clean Water Act section 401 Water Quality Certification
for Discharge of Dredged and/or Fill Materials
PROJECT: Cottonwood Creek Park (File No. 02C-009)
APPLICANT: Mr. Phillip Cotton
City of Encinitas
505 South Vulcan Avenue
Encinitas, CA 92024
ACTION:
1. ❑ Order for Standard Certification
2. ■ Order for Technically-conditioned Certification
3. ❑ Order for Denial of Certification
STANDARD CONDITIONS:
The following three standard conditions apply to all certification actions, except as noted under
Condition 3 for denials (Action 3).
1. This certification action is subject to modification or revocation upon administrative or
judicial review, including review and amendment pursuant to section 13330 of the California
Water Code and section 3867 of Title 23 of the California Code of Regulations (23 CCR).
2. This certification action is not intended and shall not be construed to apply to any discharge
from any activity involving a hydroelectric facility 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 subsection 3855(b) and the
application specifically identified that a FERC license or amendment to a FERC license for a
hydroelectric facility was being sought.
3. The validity of any non-denial certification action (Actions 1 and 2) shall be conditioned
upon total payment of the full fee required under 23 CCR section 3833, unless otherwise
stated in writing by the certifying agency.
California Environmental Protection Agency
Recycled Paper
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File No. 02C-009
Certification
ADDITIONAL CONDITIONS:
The following additional conditions shall apply to this project:
1. The City of Encinitas shall, at all times, fully comply with the engineering plans,
specifications and technical reports submitted with this application for 401 Water Quality
Certification and all subsequent submittals required as part of this certification.
2. The City of Encinitas shall comply 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.
3. The City of Encinitas shall notify the Regional Board in writing at least 10 days prior to
actual start dates for grading, mitigation installation, and completion of mitigation
installation.
4. The City of Encinitas shall submit a report (including topography maps and planting locations)
to the Regional Board within 90 days of completion of mitigation site preparation and planting,
describing as-built status of the mitigation project. If the site grading and planting are not
completed within six weeks of each other, separate reports will be submitted describing those
specific as-built conditions.
5. The construction of proposed mitigation shall be completed within the same calendar year as
impacts occur, or at least no later than 9 months following the close of the calendar year in
which impacts first occur (e.g., if impacts occur in June 2001, construction of mitigation for
all impacts must be completed no later than September 2002).
6. The City of Encinitas shall notify the Regional Board of any change in ownership of the
project area. Notification shall include, but not be limited to, a statement that the property
owner has provided the purchaser with a copy of the Section 401 Water Quality Certification
and that the purchaser understands the permit requirements and shall implement them; the
seller and purchaser shall sign and date the notification. Notification shall be provided within
5 days of the sale of the property.
7. Mitigation monitoring reports shall be submitted quarterly during the first year following
installation, semi-annually during the second and third years, and annually until mitigation
has been deemed successful. Monitoring reports shall be submitted no later than 30 days
following the end of the monitoring period. Monitoring reports shall include, but not be
limited to, the following:
a. Names, qualifications, and affiliations of the persons contributing to the report;
b. Tables presenting the raw data collected in the field as well as analyses of the physical
and biological data;
c. Qualitative and quantitative comparisons of current mitigation conditions with pre-
construction conditions and previous mitigation monitoring results;
s Certification File No. 02C-009
d. Photodocumentation from established reference points; and
e. Other items specified in the draft and final Wetland and Riparian Mitigation and
Monitoring Plan.
8. In the event the Army Corps of Engineers determines that waters of the United States are
isolated, this certification is revoked and the Department of Transportation will be required to
submit a Report of Waste Discharge to the Regional Board, and receive Waste Discharge
Requirements prior to project implementation.
9. In the event of any violation or threatened violation of the conditions of this certification, the
violation or threatened violation shall be subject to any remedies, penalties, process or
sanctions as provided for under state law. For purposes of section 401(d) of the Clean Water
Act, the applicability of any state law authorizing remedies, penalties, process or sanctions
for the violation or threatened violation constitutes a limitation necessary to assure
compliance with the water quality standards and other pertinent requirements incorporated
into this certification.
10. In response to a suspected violation of any condition of this certification, the Regional Water
Quality Control Board (RWQCB) may require the holder of any permit or license subject to
this certification to furnish, under penalty of perjury, any technical or monitoring reports the
RWQCB deems appropriate, provided that the burden, including costs, of the reports shall be
a reasonable relationship to the need for the reports and the benefits to be obtained from the
reports.
11. In response to any violation of the conditions of this certification, the RWQCB may add to or
modify the conditions of this certification as appropriate to ensure compliance.
REGIONAL WATER QUALITY CONTROL BOARD CONTACT PERSON:
Dave Gibson
California Regional Water Quality Control Board, San Diego Region
9771 Clairemont Mesa Blvd., Suite A
San Diego, CA 92124
(858) 467-4387
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Certification File No. 02C-009
WATER QUALITY CERTIFICATION:
I hereby certify that the proposed discharge from Culvert Repair (File No. O1C-145) will comply
with the applicable provisions of sections 301 ("Effluent Limitations"), 302 ("Water Quality
Related Effluent Limitations"), 303 ("Water Quality Standards and Implementation Plans"), 306
("National Standards of Performance"), and 307 ("Toxic and Pretreatment Effluent Standards")
of the Clean Water Act. Should new information come to our attention that indicates a water
quality problem, we may issue waste discharge requirements at that time.
Except insofar as may be modified by any preceding conditions, all certification actions are
contingent on (a) the discharge being limited and all proposed mitigation being completed in
strict compliance with the applicants' project description and/or on the attached Project
Information Sheet, and (b) on compliance with all applicable requirements of the Regional Water
Quality Control Board's Water Quality Control Plan (Basin Plan).
Jo . Robertus Date
Ex utive Officer
Regional Water Quality Control Board
Attachments 1 and 2
Certification File No. 02C-009
ATTACHMENT 1
PROJECT INFORMATION
Applicant: Mr. Phillip Cotton
City of Encinitas
505 South Vulcan Avenue
Encinitas, CA 92024
(760)633-2746
(760)633-2626 fax
Applicant Mr. Chris Chockley
Representatives: Schmidt Design Group
2655 Fourth Avenue
San Diego, CA 92103
(619)236-1462
(619)236-8792 fax
Project Name: Cottonwood Creek Park (02C-009)
Project Location: The proposed project is located on the northeast corner of Encinitas
Boulevard and Vulcan Avenue in the City of Encinitas, west of
Interstate 5.
Type of Project: Construction of Park and Streambed Restoration.
Project Description: The City of Encinitas proposes to construct an eight-acre park
including turf grass, native plant materials, interpretative nature
trails, play equipment, parking, tennis courts, a basketball court,
picnic tables, a restroom facility, and an on-site caretaker facility.
The project also proposes to the restoration of a natural stream. This
portion of Cottonwood creek is currently in a 96-inch culvert.
Restoration of a low-flow surface creek/wetland will include a 6-
foot sedimentation pond and wetland species to provide passive
water treatment.
Federal Agency/Permit: U.S. Army Corps of Engineers, Nationwide Permit
Other Required California Department of Fish and Game Streambed Alteration
Regulatory Approvals: Agreement
California The City of Encinitas approved the Mitigated Negative Declaration
Environmental Quality for the project on September 6, 2001.
Act (CEQA)
Compliance:
Certification File No. 02C-009
Receiving Water: Cottonwood Creek and Moonlight Creek tributaries.
Impacted Waters of the The proposed project will permanently impact 0.028 acre and
United States: temporarily impact 0.114 acre of wetland waters of the U.S.
Dredge Volume: None.
Related Projects The City of Encinitas has not implemented, and does not intend to
Implemented/to be implement, any projects within this drainage within the last five years or
Implemented by the next five years, respectively.
Applicant(s):
Compensatory Mitigation will consist of the restoration of a streambed. Mitigation
Mitigation: measures include the creation of 0.74 acre and restoration of 0.114
acre of wetland waters, the creation of 0.50 acre of riparian habitat,
and the creation of 0.12 acre and restoration of 0.08 acre of
streambed waters of the U.S.
Best Management Standard construction BMPs will be implemented. The creation of a
Practices: sedimentation pond will provide passive water quality treatment.
The creation of a wetland system, including plant material and soil
percolation, will provide a passive filtration system to cleanse
additional pollutants.
Attachment 2 File No. 02C-009
ATTACHMENT 2
DISTRIBUTION LIST
Chris Chockley
Schmidt Design Group
2655 Fourth Avenue
San Diego, CA 92103
Shannon Bryant
Army Corps of Engineers
San Diego Field Office
16885 West Bernardo Drive, Suite 300A
San Diego, CA 92127
State Water Resources Control Board
Division of Water Quality