STATE WATER RESOURCES CONTROL BOARD

RESOLUTION NO. 99 - 115

APPROVAL OF A STATE REVOLVING FUND (SRF) LOAN COMMITMENT FOR THE CONSTRUCTION OF A NEW TERTIARY WASTEWATER TREATMENT PLANT CITY OF AMERICAN CANYON (CITY)

STATE REVOLVING FUND LOAN PROJECT NO. C-06-4666-110

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 amended it on June 18, 1998;

2. The SWRCB, on June 17, 1999, adopted the FFY 2000 SRF Loan Program Priority List which included the proposed project in the Priority Class D;

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

4. The City is the water purveyor for the service area and a signatory to the Memorandum of Understanding Regarding Urban Water Conservation in California;

5. The City has not yet obtained a new NPDES Permit from the San Francisco Bay Regional Water Quality Control Board (SFBRWQCB) for the proposed new tertiary wastewater treatment plant; and

6. The City has certified an EIR (State Clearinghouse No. 98092020) which has been reviewed and considered, and it has been determined that:

a) Changes or alterations have been or will be required in, or incorporated into the proposed project which avoid or reduce to less than significant levels potentially significant environmental effects identified in the EIR with respect to: (i) hydrology, water quality, and soils erosion impacts which will be mitigated by: complying with grading plans and NPDES and Storm Water Pollution Prevention Plan permit requirements; minimizing and revegetating disturbed areas; detaining or diverting runoff; protecting exposed slopes from erosion and gullying; using designated storage areas for wastes; limiting activities in wetlands to the dry season; providing flood control protections; implementing an industrial pre-treatment program; restricting reclaimed water application to saturated soils and implementing a reclaimed water monitoring program; and implementing an educational program to minimize disposal of pollutants and toxics to the sewer system; (ii) threatened and endangered species which will be mitigated by: boring and jacking under creek beds or open trenching during the dry season; avoiding all perennial aquatic habitats; erecting silt fencing at stream channels; conducting pre-construction surveys for active raptor nests, the California red-legged frog, and other special-status species and complying with U.S. Fish and Wildlife Services (USFWS) requirements; establishing buffer zones; restoring any disturbed aquatic habitat; conducting a sampling and monitoring program for water quality and aquatic organisms; and conducting formal consultation with the USFWS regarding indirect, growth inducing impacts; and (iii) cultural resources which will be mitigated by consulting with a qualified archaeologist or paleontologist in the event of unanticipated discovery of cultural materials and implementing an approved recovery program.

b) 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 a preliminary loan commitment of $11.7 million for this project from the SFY 2000 and 2001 accounts to the City of American Canyon (City) for the construction of a new tertiary wastewater treatment plant, with a repayment period of 20 years, and the first repayment due one year after completion of construction;

2. Will withdraw this preliminary SRF loan commitment if construction is initiated either prior to obtaining the right of entry to the property where the proposed wastewater treatment plant will be constructed, or prior to completion of consultation with the U.S. Fish and Wildlife Services under Section 7 of the U.S. Endangered Species Act regarding secondary growth inducing impacts;

3. Will withdraw this preliminary SRF loan commitment if construction is not initiated by June 1, 2000. The Division may approve up to a 90-day extension for good cause; and

4. Will not issue a loan contract until the City obtains a NPDES Permit for the proposed wastewater treatment plant.

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 December 15, 1999.

/s/

Maureen Marché

Administrative Assistant to the Board