STATE WATER RESOURCES CONTROL BOARD

RESOLUTION NO. 99 - 095

APPROVAL OF A STATE REVOLVING FUND (SRF) LOAN PROJECT

FOR THE CITY OF PATTERSON (CITY),

WASTEWATER TREATMENT PLANT (WWTP) DISPOSAL SITE EXPANSION

STATE REVOLVING FUND LOAN PROJECT NO. C-06-4508-111

WHEREAS:

1. The State Water Resources Control Board (SWRCB), on February 16, 1995, adopted the “Policy for Implementing the State Revolving Fund for Construction of Wastewater Treatment Facilities,” and revised it on June 18, 1998;

2. The SWRCB, on June 17, 1999, adopted the SFY 1999/2000 SRF Loan Program Priority List which included the Wastewater Treatment Facility Expansion for City in Priority Class C;

3. The Division of Clean Water Programs has approved the project report, environmental documents, and draft revenue program for the City's project;

4. The SWRCB approved a loan commitment of $3.7 million to the City for the construction of the Wastewater Treatment Facility Expansion through a Resolution No. 98-101.

5. The City certified a Focused EIR (State Clearinghouse No. 98012082) which has been reviewed and considered, and it has been determined that:

a) As stated in the EIR, the project will result in a significant and unavoidable impact with respect to land use by permanent conversion of up to 80 acres of prime farmland to non-agricultural use. All available land surrounding and in reasonable proximity to the WWTP have been evaluated, all of these sites contain prime farmland, and no other land disposal alternative is available.

The SWRCB hereby adopts the following statement of overriding considerations to address the unmitigable significant impact that will occur from approval of the project:

Implementation of the WWTP pond expansion project would allow the City to (1) accommodate projected wastewater treatment and disposal needs until the year 2011, consistent with the General Plan, thus preventing placement of a moratorium on future growth, which is an action that is in direct conflict with the adopted City General Plan; and (2) continue its preferred operational strategy of land disposal instead of discharging treated effluent to the San Joaquin River, which could result in significant adverse impacts to water quality, public health and safety, and potential fisheries resources within the San Joaquin River during periods of peak demand. In balancing the project benefits against the potential significant impacts regarding land use, the SWRCB finds that the public benefits of the project outweigh the unavoidable impact and, therefore, determines that the impact is acceptable.

b) Changes or alternations have been required in or incorporated into the proposed project which avoid or reduce to less than significant levels other potentially significant impacts identified in the EIR with respect to unknown subsurface cultural resources which will be mitigated by ceasing excavation activities and consulting with a qualified archaeologist in the event of a discovery, until an evaluation is completed, and notifying the County Coroner and Native American Heritage Commission if human bones are uncovered.

c) With respect to other potentially significant environmental impacts identified in the environmental document, appropriate changes or alterations are not within the responsibility and jurisdiction of the SWRCB. Such other changes or alterations have been adopted or should be adopted by other agencies.

THEREFORE BE IT RESOLVED THAT:

The State Water Resources Control Board:

1. Approves the project modifications to include the Wastewater Disposal Site Expansion as eligible for the SRF loan commitment made through Resolution No. 98-101.

2. Will withdraw the preliminary SRF loan commitment made through Resolution No. 98-101, if the City of Patterson does not initiate project construction by November 22, 1999.

CERTIFICATION

The undersigned, Administrative Assistant to the Board, does hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the State Water Resources Control Board held on October 21, 1999.

/s/

Maureen Marché

Administrative Assistant to the Board