Dana Point City Council Appellate Hearing
Project: 32712 Crown Valley Parkway
CDP04-11, CUP0421, SDP0431, Final EIR
Final EIR SCH#2009041129
Co-Appellant: CLEAN WATER NOW
Presentation on June 2, 2015
Roger E. Bütow
Executive Director
Non-Compliance, Failure To Notify & Update Issues
Drainage, Significant Water Quality Impairments &
Degradation Impacts to Wetlands and Multiple High Value
Environmentally Sensitive Habitat Areas (ESHA)
Agencies
 San Diego Regional Water Quality Control Board (SDRWQCB)
Region 9--Cal/EPA: NPDES, LID for Priority Development
Projects, Hydromodification, Wetlands Protection Regs
 California Department of Fish & Wildlife: Endangered &
Threatened Species in ESHA, Wetlands
 US Fish & Wildlife Service: Endangered Species in residence
ESHA, Wetlands
 US Army Corps of Engineers: Wetlands
 California Coastal Commission: High Value ESHA, Wetlands in
Coastal Zone
 County of Orange Public Works & Orange County Watersheds
 OC Parks: Applicant responsible for Increased Erosion & Slope
Failure Jeopardizing the Salt Creek Corridor Trail
Slide Show of Existing Drainage, Bluff
Erosion/Down-cutting and Degraded High Value
(ESHA) Coastal Sage Wildlife Area
 Blocked & dysfunctional Detention Basin(installed circa 1995)
below Monarch Bay Villas NOT maintained: 20 Years is NOT a
temporary construction BMP. Established new non-compliant
surface hydrology in an Environmentally Sensitive Habitat Area
(ESHA) degradation via erosion patterns NOT mitigated.
 Project drainage devices: Bluff V-Ditches & Discharges non-
compliant infrastructure NOT functional until rehab in late
2014: Due to multiple complaints to the SDRWQCB (Region 9Cal/EPA) by Clean Water Now beginning in 2010.
 Severely eroded slope down-gradient of Project, degraded
ESHA. EX.: Crevasse down-cutting due to Project Applicant
failure to maintain detention basin, City Failed to Enforce.
 No O & M logs, no monitoring reports, surveys, logs or bio-
assessments produced though repeatedly requested for either
the Project Detention Basin, Bluff ESHA (Wildlife Enhancement
Project Mitigation) or the Designated Wetlands west of Pointe
Monarch. City failed to monitor, enforce or demand protection
compliance.
POINTE MONARCH WETLANDS
Re: Common Areas—Landscape
Monarch
Pointe
NEVER identified as a restored wetlands by LSA.
NOTE: Slide #2 Includes Wetlands Restoration Plan
for California Coastal Commission consideration
Slide #1 Tract Map #14605
(MAKAR PROPERTIES)
Initialed by City of Dana Point staff Ms. Bobbi Ogan
Dated 10/21/2002
Resubmitted 7/18/2003
Slide #2 Page L-14 Common Areas-Landscape Plan
Landscape Planning and Wetlands Restoration Plan
Registered with California Coastal Commission
Water Quality, Wetlands, Negatively Impacted
Habitat Regulatory Compliance Protection
Checklist

Applicant MUST reduce pollutant loading onsite if feasible:
Cistern to have Advanced Waste Treatment System (AWTS).
Proposed CDS Unit is incapable of significantly removing or
reducing known, impairing contaminants before being discharged
off-site.
(See 2013 NPDES mitigation BMP and Jurisdictional
Wetlands protection regulations by Resource Trustee Agencies).

Divert first 50,000 gallons/day of impervious runoff from onsite
cistern via agreement with SOCWA. Feasible, this alleviates
burden, lowers off-site discharge volumes/pollutant loading.
(NPDES BMP)

Keep the existing drainage system pattern intact, i.e., Project to
discharge directly into upper detention basin as a pre-treatment,
bio-filtration structural BMP mitigation before discharging into Vditch overflow below MBV. (Hydro-modification Compliance)

Require multi-jurisdictional Wetlands Regulatory Agencies
analyses, input and Trustee oversight. Self-inflicted, the
protection prescriptions were KNOWN to the City and Applicant.
The Project IS appealable to the California Coastal Commission,
plus agencies aforementioned by Appellant to be notified.
Time To Build
 Time to build a SMALLER Project, if the Applicant truly
wishes to be a good neighbor. Relocate ALL proposed
edifice elements (Administration AND Dual Level Parking
Structure) back an additional 15 lineal feet from Monarch
Bay Villas property line to create a larger mitigation buffer.
 Time to build it in the briefest possible time: 6 Years
Maximum without delays, without unjustified respites.
 Time to install onsite feasible water quality impairment
reducers and habitat protection BMP infrastructure.
 Time to keep in place and restore offsite detention basin.
 Time to be better stewards of the local environment by
integrating into the Project Best Conventional and Best
Available Technology (BCTs & BATs) design elements.