Dana Point City Council Appellate HearingProject: 32712 Crown Valley Parkway

CDP04-11, CUP0421, SDP0431, Final EIRFinal EIR SCH#2009041129

Co-Appellant: CLEAN WATER NOWPresentation on June 2, 2015

Roger E. Bütow Executive Director

Non-Compliance, Failure To Notify & Update IssuesDrainage, Significant Water Quality Impairments &

Degradation Impacts to Wetlands and Multiple High Value Environmentally Sensitive Habitat Areas (ESHA)

Agencies

San Diego Regional Water Quality Control Board (SDRWQCB) Region 9--Cal/EPA: NPDES, LID for Priority Development Projects, Hydromodification, Wetlands Protection Regs

California Department of Fish & Wildlife: Endangered & Threatened Species in ESHA, Wetlands

US Fish & Wildlife Service: Endangered Species in residence ESHA, Wetlands

US Army Corps of Engineers: Wetlands

California Coastal Commission: High Value ESHA, Wetlands in Coastal Zone

County of Orange Public Works & Orange County Watersheds

OC Parks: Applicant responsible for Increased Erosion & Slope Failure Jeopardizing the Salt Creek Corridor Trail

Slide Show of Existing Drainage, Bluff Erosion/Down-cutting and Degraded High Value

(ESHA) Coastal Sage Wildlife Area Blocked & dysfunctional Detention Basin(installed circa 1995)

below Monarch Bay Villas NOT maintained: 20 Years is NOT a temporary construction BMP. Established new non-compliant surface hydrology in an Environmentally Sensitive Habitat Area (ESHA) degradation via erosion patterns NOT mitigated.

Project drainage devices: Bluff V-Ditches & Discharges non-compliant infrastructure NOT functional until rehab in late 2014: Due to multiple complaints to the SDRWQCB (Region 9-Cal/EPA) by Clean Water Now beginning in 2010.

Severely eroded slope down-gradient of Project, degraded ESHA. EX.: Crevasse down-cutting due to Project Applicant failure to maintain detention basin, City Failed to Enforce.

No O & M logs, no monitoring reports, surveys, logs or bio-assessments produced though repeatedly requested for either the Project Detention Basin, Bluff ESHA (Wildlife Enhancement Project Mitigation) or the Designated Wetlands west of Pointe Monarch. City failed to monitor, enforce or demand protection compliance.

POINTE MONARCH WETLANDS Re: Common Areas—Landscape Pointe Monarch

NEVER identified as a restored wetlands by LSA. NOTE: Slide #2 Includes Wetlands Restoration Plan

for California Coastal Commission consideration

Slide #1 Tract Map #14605 (MAKAR PROPERTIES)

Initialed by City of Dana Point staff Ms. Bobbi OganDated 10/21/2002 Resubmitted 7/18/2003

Slide #2 Page L-14 Common Areas-Landscape Plan Landscape Planning and Wetlands Restoration

Plan Registered with California Coastal Commission

Water Quality, Wetlands, Negatively Impacted Habitat Regulatory Compliance Protection

Checklist Applicant MUST reduce pollutant loading onsite if feasible:

Cistern to have Advanced Waste Treatment System (AWTS). Proposed CDS Unit is incapable of significantly removing or reducing known, impairing contaminants before being discharged off-site. (See 2013 NPDES mitigation BMP and Jurisdictional Wetlands protection regulations by Resource Trustee Agencies).

Divert first 50,000 gallons/day of impervious runoff from onsite cistern via agreement with SOCWA. Feasible, this alleviates burden, lowers off-site discharge volumes/pollutant loading. (NPDES BMP)

Keep the existing drainage system pattern intact, i.e., Project to discharge directly into upper detention basin as a pre-treatment, bio-filtration structural BMP mitigation before discharging into V-ditch overflow below MBV. (Hydro-modification Compliance)

Require multi-jurisdictional Wetlands Regulatory Agencies analyses, input and Trustee oversight. Self-inflicted, the protection prescriptions were KNOWN to the City and Applicant. The Project IS appealable to the California Coastal Commission, plus agencies aforementioned by Appellant to be notified.

Time To Build

Time to build a SMALLER Project, if the Applicant truly wishes to be a good neighbor. Relocate ALL proposed edifice elements (Administration AND Dual Level Parking Structure) back an additional 15 lineal feet from Monarch Bay Villas property line to create a larger mitigation buffer.

Time to build it in the briefest possible time: 6 Years Maximum without delays, without unjustified respites.

Time to install onsite feasible water quality impairment reducers and habitat protection BMP infrastructure.

Time to keep in place and restore offsite detention basin.

Time to be better stewards of the local environment by integrating into the Project Best Conventional and Best Available Technology (BCTs & BATs) design elements.