Proposed Administrative Civil Liability Agreement with the Stonebridge Properties LLC and Teichert Construction for the Coldstream Planned Community, Nevada County

Overview

On August 24, 2018, Stonebridge Properties LLC submitted a Notice of Intent for coverage under the State Water Resources Control Board’s General Permit to Discharge Storm Water Associated with Construction Activity, Order No. 2009-0009-DWQ, as amended by Order No. 2010-0014-DWQ (Construction General Permit) for what is now known as the Coldstream Planned Community construction project. Stonebridge Properties LLC, as the Legally Responsible Party, hired Teichert Construction as the contractor for the project.

The Coldstream Planned Community construction project encompasses 182 acres, and is a large mixed-use development, including about 10 acres of commercial use, 61 acres of residential use, 109 acres of open space and recreational uses, and a recreational trail along Cold Stream Creek. Initial work began in 2018 and construction is expected to continue through 2024 or later. After horizontal work is completed on each phase of the project, Stonebridge Properties LLC sells the lots to other developers. These developers then obtain their own coverage under the Construction General Permit and complete vertical construction. The project is located south of Highway 80 and Donner Pass Road offramp. Storm water from the site flows to Cold Stream Creek, a tributary of the Truckee River.

The Lahontan Water Board’s Prosecution Team alleges that Stonebridge Properties LLC and Teichert Construction violated the Construction General Permit as follows:

  1. Failed to perform weekly inspections from January 6 through April 27, 2020 (17 inspections) and from November 23, 2020 (84 weeks) through June 27, 2022.
  2. Failed to implement good housekeeping best management practices (BMPs) for construction materials on at least 31 instances found during 16 inspections.
  3. Failed to implement good housekeeping BMPs for waste management on at least 25 instances found during 24 inspections.
  4. Failed to implement good housekeeping BMPs for vehicle storage, fueling and maintenance on at least 28 instances found during 28 inspections.
  5. Failed to implement erosion control measures on at least 3 instances found during three inspections.
  6. Failed to implement sediment control measures on at least 124 instances found during 49 inspections.

To settle the alleged violations, the Lahontan Water Board’s Prosecution Team, Stonebridge Properties LLC, and Teichert Construction have agreed to the imposition of an administrative civil liability of $917,199. Of this amount, $472,199 will be paid to the State Water Pollution Cleanup and Abatement Account. The remaining $445,000 will be permanently suspended upon completion of the Donner Creek Restoration Supplemental Environmental Project. The alleged violations and proposed settlement are described in more detail in the proposed settlement agreement, linked below.

The proposed settlement agreement is now available for a 30-day public comment period. Comments are due by May 30, 2025 and may be submitted via email to RB6-Lahontan@waterboards.ca.gov.

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