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California Regional Water Quality Control Board y=~~W~~~~y S~i~ i'~tICi3C0 ~2Ti~ rT'cc~i~il Linda S. Adams Secretary jor Ironmental Protection 1515 Clay Street, Suite 1400, Oakland, California 94612 (510) 622-2300 • Fax (~ 10) 622-2460 http://www.waterboards.ca.gov/sanfranciscobay Date: MAR `~ 0 2007 File No. 2198.09 (bkw) Site No: 02-fll -C0931 ACOE File No. 400206 Mr. Nick Kavayiotidis 39201 State Street Fremont, CA 94538 Dear Mr. Kavayiotidis: a, Arnold SchH~arzenc~;gcr Governor Subject: Water Quality Certification for the Installation of a Culvert at 5998 Sunol Boulevard in the City of Pleasanton in Alameda County Regional Water Quality Control Board (Water Board) staff have reviewed the revised project plans for your project at 5998 Sunol Boulevard in the City of Pleasanton (Project). As is described below, Water Board staff have determined that your revised Project is not likely to result in significant impacts to beneficial uses of waters of the State. Because of this, the Water Board will not require that you obtain water quality certification and/or waste discharge requirements for the construction of the Project. In a letter dated December 12, 2006, the Army Corps of Engineers (ACOE) determined that jurisdictional waters of the United States are not present at the Project site and, therefore, you were not required to obtain a Clean Water Act (CWA) Section 404 permit from the ACOE. Since the Project is not subject to regulation under Section 404 the CWA, CWA Section 401 water quality certification is not required for the Project. In the materials submitted by you in application for water quality certification and/or waste discharge requirements on November 22, 2006, the Project included placing 1 10 linear feet of Sycamore Creek in a culvert at the Project site. This fill activity wouldhave required the issuance of waste discharge requirements, pursuant to the State of California's Porter-Cologne Water Quality Control Act. Since November of 2006, you have revised the Project to remove the proposed culverting of the creek channel from the project. As depicted in Figure C-1.0, Sunol Professional Plaza, 5980 & 5998 Sunol Blvd, Pleasanton, CA (JMH Weiss, Inc., 03-14- 07), the Project also avoids any intrusion of new structures into the active channel of the creek. The Project has also been revised to include the trimming or removal ofnon-native eucalyptus trees from the north bank of the creek, and the planting of native riparian vegetation along the creek channel on the Project site. Stormwater from the developed site will be treated with bioswales, prior to discharge to the municipal storm drain system, and no new outfalls will be required in the banks of the creek. Preserving, enhancing, and restoring the San Francisco Bay Area 's waters for over SO years ~a Recycled Paper