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et,uIt,.<tu a.°-.,Jr, I./.tl.rfn HpdNOuf: Water Boards San Francisco Bay Regional Water Quality Control Board November 16.2015 CIWQS Place No. 81884()(bkw) C'IWQS Reg. Meas. No.403296 Sent via electronic mail: No hardcopy to follow City of Pleasanton 200 Old Bernal Avenue. P.O. Box 520 Pleasanton CA 94566 Attn: Adam Weinstein (aweinstcin a.cityofpleansantOnca.gOv) Subject: Lions Wayside and Delucchi Parks Master Plan Project in the City of Pleasanton in Alameda County, Incomplete Application for Water Quality Certification Dear Mr. Weinstein: San Francisco Bay Regional Water Quality Control Board(Water Board) stall'has reviewed the application materials that were submitted by AE COM (the Applicant's authorized agent)on behalf of the City of Pleasanton (the Applicant) Ibr the Lions Wayside and Delucchi Parks Master Plan Project. in the City of Pleasanton. in Alameda County (Project). and received by the Water Board on October 19.2015. The Project includes a proposal to culvert 533 linear feet (LE)of Kottinger Creek to create more level uplands in Lions Wayside Park. This letter is being sent to infirm you that the application is incomplete.and to outline for you what materials are still needed to comprise a complete application package. Comment I. Box 7,Description of the Proposed Project,of 11w Joint Aquatic Resources Permit Application Form (Application). According to the supplemental application materials. the presence of Kottinger Creek in Lions Wayside is considered a safety concern by the City because of its steep banks. lack ol'regular flow.and its bisection of the well-used open space." The Project proposes to culvert 533 Lf of Kottinger('reek in Lions Wayside Park. The Water Board considers the proposal to culvert 533 LF of Kottinger Creek to constitute the loss of 533 of riparian habitat: this is an unusually large amount of fill for a project that seeks to establish more level park land. The magnitude of this proposed impact to a jurisdictional water is too large to he authorized by the U.S. Army Corps of Engineers (Corps) under a Clean Water Act (C'WA)Section 404 Nationwide Permit (NWP). This project would require a C'WA Section 404 Individual Permit from the Corps.and('WA Section 401 water quality certification (Certification) from the Water Board. For projects that require Section 404 Individual Permits. the Corps and the Water Board both require that the applicant submit a ('WA Section 404(h)(1) Alternatives Analysis that demonstrates that there is no feasible wa) to avoid the proposed fill of jurisdictional waters. Since the proposed project is not a water-dependent project, it is extremely unlikely the Corps or the Water Board would issue permits that would authorize the proposed fill of 533 LF of Kottinger Creek. ,IonHr Muu rn,CHAIN r r1IUCr 11 Wolrr,rarrnrtvt orders ISIS Cldy Sl S.A 1404) Oa,kind.CA 91G, 1 w..w wa1fl.0oarps ca{lovrsantranc,scobay