January 12, 2017 Letter to Darren Bradford at the SD Water Board

January 12, 2017 Letter to Darren Bradford at the San Diego Water Board

Hi Darren-

Thank you for reaching out to discuss some of the questions I have regarding the 401 Certification and the grading limits of the project.

ISSUE I

My number one concern is the fact that the 401 Certification that the San Diego Water Board issued has allowed the Ranch to obtain a grading permit that has resulted in a Toll Road sized road to be graded within 100' of Tesoro High School without any protective barrier. In addition, the grading that has been done appears to be facilitating a direct connection between the 241 Toll Road and Los Patrones aka F Street at the Oso Bridge rather then the catch basin described in the 401 Certification.

From our discussion, I understand that the 401 Certification allows the Ranch to grade the area between the Los Patrones aka F Street on and off ramps to the Oso as a catch basin.

1) Please clarify in writing that the 401 Certification does not allow the Ranch to grade a road that can be directly connected to the 241 Toll Road.

2) Please clarify in writing that what has been graded complies with the 401 Certification and is the catch basin that complies with the 401 Permit and not a direct connection between F Street aka Los Patrones and the 241.

3) If CalTrans and the TCA intend to make a direct connection, then a new environmental review will be required.

4) Has the Water Board issued any Certifications to any party that would allow for the direct connection between Los Patrones aka F Street and the 241 Toll Road?

ISSUE NUMBER 2

Robyn Uptegraff is the County employee who ADMINISTRATIVELY approved the environmental documents for Rancho Mission Viejo's Waste Water Discharge Permit for "F" Street (aka extension of the 241 Toll Road from Oso parkway to Cow Camp Road).

Source: Addendum to Final EIR Nos. 584 and 589 ST #140005 "F" Street Alignment IP 15-055

It is my understanding that because the County Certified the EIR that the Water Board cannot question any errors or mis-representations contained in the document.

The document contains many material mis-representations as high lighted below.

Tesoro High School Facilities Report November 2017

The noise studies that were done in the original EIR were done on a different alignment:

The Tesoro Extension of the 241 Toll Road was a separate road much farther to the east. Los Patrones was a separate road that was a FREE Arterial road that was at least 500 feet from the High School.

The change in alignment to a single toll road sized road has placed a Toll Road within 100' of Tesoro High School. A toll road is much wider and has higher traffic volumes and speed.

The shift in alignment should have triggered a new review of noise and air pollution effects on Tesoro High School.

The road is less than 100' from Tesoro High School. With no Wall or Vegetative protective Barrier.

What I understood from our conversation is that the Water Board had to accept the document as is without question because the County of Orange Certified the EIR.

Consistent with the requirements of CEQA, both FEIR 584 and FEIR 589 we prepared as program EIRs. Source: The Ranch Plan "F" Street Alignment (Cow Camp Road to Oso Parkway) Permit ST140005 March 2015 at page 1-1

The County of Orange Board of Supervisors certified the EIR, herein referred to as FEIR 584, On October 24, 2006 Source: The Ranch Plan "F" Street Alignment (Cow Camp Road to Oso Parkway) Permit ST140005 March 2015 at page 1-3

The only recourse for the PUBLIC is a civil law suit challenging CEQA. The work being done by the Ranch is in compliance with the 401 Certification.

ISSUE THREE

An inspection of the site was conducted on October 26, 2017 Roger Mitchell observed 6 best management practices (BMPs) violations.

It appears that the Water Board did not not notify the RMV of these violations in writing until Thursday, December 7, 2017 (42 days later)? It is now January 12, 2017.

RMV is enrolled under the CGP and is required to comply with all of the CGP requirements.

Violations are subject to enforcement action and potential civil liabilities of up to $10,000 per day per violation.

1) Were the violations, specified in the inspection report addressed?

2) If so when were they addressed?

3) Was any enforcement action taken against the Ranch?

I look forward to clarification on the issues I raised as a result of our discussions. I am deeply troubled that the students at Tesoro have been exposed to fugitive dust during the grading without the required protective barriers. I am also concerned that such heavy equipment so close to the school is creating structural damage to Tesoro High School as outlined in the Ketchell Report. If there is any thing that can be done to mitigate the health and safety risks to students please let me know.

Thank you,

Dawn Urbanek