STATE OF CALIFORNIA

REGIONAL WATER QUALITY CONTROL BOARD

SAN FRANCISCO BAY REGION

STAFF SUMMARY REPORT

STAFF: Brian K. Wines

MEETING DATE: May 21, 2003

ITEM: 5C

SUBJECT: COYOTE CREEK BUSINESS PARK, A CALIFORNIA LIMITED PARTNERSHIP, SILVER CREEK VALLEY PLACE COMMERCIAL DEVELOPMENT PROJECT, SAN JOSE, SANTA CLARA COUNTY - Adoption of New Waste Discharge Requirements

DISCUSSION: Coyote Creek Business Park, a California Limited Partnership, (hereinafter Discharger) has submitted an application for Waste Discharge Requirements (WDRs), proposing a two-phase development of a 10.48-acre site in the City of San Jose (hereinafter Project). The goal of Phase I of the Project is to provide infrastructure to support commercial development in Phase II of the Project. Phase I includes construction of a bridge to provide access to the site and a new 24-inch diameter stormwater outfall. These structures will have about 0.10 acres of impacts along the west bank of Coyote Creek. Coyote Creek provides habitat for a federally listed population of threatened Central California Coast Steelhead. To mitigate for permanent fill of 0.10 acres of riparian habitat within waters of the State, the Discharger will create 0.30 acres of riparian habitat on the Project site. To mitigate the Project’s stormwater impacts, the Discharger has selected a continuous deflective separation unit to treat runoff before it is discharged to the Creek via the new outfall. Phase II of the Project will comply with the post-construction stormwater Best Management Practices required in the Santa Clara Valley’s Stormwater Permit.

Prior to 2003, WDRs for a project with this level of impact would have been conditionally waived by the Executive Officer, under Board Resolution 83-3. Since Resolution 83-3 expired on December 31, 2002, the Board must now consider issuance of WDRs for all projects impacting waters of the State, regardless of size. Staff is working with the State Board to streamline this process in the future.

E-mail comments on the Tentative Order circulated for public comment were received from the Santa Clara Valley Water District (SCVWD). Minor changes, clarifying the Discharger’s responsibility to comply with SCVWD requirements, were incorporated into the Revised Tentative Order (Appendix A).

RECOMMEN-

DATION: Adoption of the Revised Tentative Order

FILE Nos. 2188.07 (BKW)

APPENDIX: A: Revised Tentative Order

APPENDIX A

Revised Tentative Order