STATE WATER RESOURCES CONTROL BOARD

BOARD MEETING -- OFFICE OF CHIEF COUNSEL

JUNE 15, 2000

ITEM 14

SUBJECT

In the Matter of the PETITION OF DOUBLE WOOD INVESTMENT, INC. FOR RECONSIDERATION OF THE EXECUTIVE DIRECTOR’S DENIAL OF WATER QUALITY CERTIFICATION FOR DOUBLE WOOD GOLF COURSE.  SWRCB/OCC FILE C-017

LOCATION

Alameda County

DISCUSSION

On March 5, 1999, the Executive Director of the State Water Resources Control Board (SWRCB) denied Water Quality Certification pursuant to Section 401 of the Clean Water Act for the proposed Double Wood Golf Course in Fremont, California.  Double Wood Investment, Inc., filed a petition for reconsideration with the SWRCB, and also requested that the SWRCB refer the matter to mediation.  After the mediation concluded without success, the SWRCB conducted a hearing on May 3, 2000, to determine whether the project complies with water quality standards and other appropriate requirements, such that the SWRCB should issue Water Quality Certification.  After the hearing, the SWRCB met in closed session to deliberate on a decision to be made based on the evidence received at the hearing.  Following the closed session, staff circulated a draft decision to the public.  The draft decision certifies the project, subject to several conditions.  The June 15, 2000 Board Meeting is to consider adoption of the draft decision.  The hearing record was closed at the conclusion of the May 3, 2000 hearing.  Designated parties and interested persons have been advised that they will have only a brief opportunity to comment on the general acceptability of the draft decision and possible technical corrections in advance of or during the June 15, 2000 Board Meeting.  A closed session has also been scheduled for the June 15, 2000 Board Meeting, in case the Board would like to discuss potential changes to the draft decision in closed session.

POLICY ISSUE

Should the SWRCB adopt the draft decision, which issues a Water Quality Certification with conditions for the Double Wood Golf Course?

FISCAL IMPACT

None.

RWQCB IMPACT

San Francisco Bay Regional Water Quality Control Board.  The project is within the San Francisco Bay Region.  The draft decision directs the Regional Board to take actions consistent with the conditional certification.  Regional Board staff also report that they expect to see similar projects in the future.

STAFF RECOMMENDATION

Receive brief oral comments during the meeting, then adopt the draft decision with or without modifications that reflect written or oral comments, as deemed appropriate.