Cotati City Council
August 27, 2024

MONK & ASSOCIATES
Biological Resources Analysis
Reds Residential
City of Cotati, Sonoma County, California

8. Waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of CWA (other than cooling ponds as defined in 40 CFR 423.11(m) which also meet the criteria of this definition) are not waters of the United States.

9. Prior converted cropland. Notwithstanding the determination of an area’s status as prior converted cropland by any other Federal agency, for the purposes of the Clean Water Act, the final authority regarding Clean Water Act jurisdiction remains with EPA.

Limits of Corps’ jurisdiction:
(a) Territorial Seas. The limit of jurisdiction in the territorial seas is measured from the baseline in a seaward direction a distance of three nautical miles. (See 33 CFR 329.12) (b) Tidal Waters of the United States. The landward limits of jurisdiction in tidal waters:
(1) Extends to the high tide line, or
(2) When adjacent non-tidal waters of the United States are present, the jurisdiction extends to the limits identified in paragraph (c) of this section. (c) Non-Tidal Waters of the United States. The limits of jurisdiction in non-tidal waters:
(1) In the absence of adjacent wetlands, the jurisdiction extends to the ordinary high water mark (“OHWM”), or
(2) When adjacent wetlands are present, the jurisdiction extends beyond the ordinary high water mark to the limit of the adjacent wetlands. (3) When the water of the United States consists only of wetlands the jurisdiction extends to the limit of the wetland.

The OHWM on a non-tidal water is:
 the "line on shore established by the fluctuations of water and indicated by physical characteristics such as a clear natural line impressed on the bank; shelving; changes in the character of soil; destruction of terrestrial vegetation; the presence of litter or debris; or other appropriate means that consider the characteristics of the surrounding areas" (33 CFR Section 328.3[e]).

Wetlands are defined as: “...those areas that are inundated or saturated by surface or ground water at a frequency and duration to support a prevalence of vegetation adapted for life in saturated soil conditions” (33 CFR Section 328.8 [b]). Wetlands usually must possess hydrophytic vegetation (i.e., plants adapted to inundated or saturated conditions), wetland hydrology (e.g., topographic low areas, exposed water tables, stream channels), and hydric soils (i.e., soils that are periodically or permanently saturated, inundated or flooded) to be regulated by the Corps pursuant to Section 404 of the Clean Water Act.

One of the Supreme Court rulings that will likely remain under the new rule, once it is finalized, was established in 2001 in Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers. In this case, the U.S. Supreme Court [148 L. Ed. 2d 576 (2001) (SWANCC)] ruled 35 573 of 1220

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that the Corps exceeded its authority under the Clean Water Act when it regulated discharges of fill material into "isolated" waters used as habitat by migratory birds. Accordingly, waters (including wetlands) that are not connected hydrologically to navigable waters are not subject to regulation by the Corps.

Another Supreme Court decision also significantly changes how the Corps defines waters of the United States. On June 19, 2006, the United States Supreme Court, in a "four-one-four" decision, addressed the extent of Clean Water Act jurisdiction over wetlands adjacent to tributaries of navigable waters. In two consolidated cases, Rapanos v. United States and Carabell v. U.S. Army Corps of Engineers, a five-Justice majority of the Court remanded the case to the Sixth circuit for further consideration. The Court was unable to produce a majority vote in favor of any one jurisdictional standard for the Sixth Circuit to apply (or for the regulated community to follow).

Instead, Justice Scalia authored a plurality opinion that would significantly narrow the reach of federal wetlands jurisdiction, while Justice Kennedy, concurring in the judgment only, concluded that the appropriate test for jurisdiction over wetlands was the presence of a "significant nexus" between wetlands and "navigable waters" in the traditional sense. The remaining four Justices, in a dissenting opinion by Justice Stevens, would have upheld the Corps of Engineers' assertion of jurisdiction and would have affirmed the Sixth Circuit's decision. When no opinion garners at least five votes, lower courts follow the concurrence that reached the result on the narrowest grounds. Here, that is Justice Kennedy's opinion. Unfortunately, Justice Kennedy did not provide specific guidance about the extent of federal jurisdiction over wetlands that are adjacent to tributaries of navigable waters.

Justice Kennedy concluded that the Clean Water Act applies only to those wetlands with a "significant nexus" to "navigable waters in the traditional sense." A significant nexus exists when a wetland, "either alone or in combination with similarly situated lands in the region, significantly affect[s] the chemical, physical, and biological integrity" of factually navigable waters. Under Supreme Court precedent, wetlands adjacent to navigable waters meet this test.

For wetlands located near tributaries of navigable waters, however, each wetland demands a case-by-case jurisdictional inquiry. We know that a "mere hydrological connection" is not enough in all cases, and that "speculative or insubstantial" effects on water quality will not suffice to satisfy the test. [Preceding text excerpted from a newsletter prepared by Briscoe, Ivester, and Bazel LLP]. The Corps of Engineers and the Environmental Protection Agency jointly prepared an Instructional Guidebook to aid Corps field staff in completing the new “Approved Jurisdictional Determination Form,” and is intended to be used as the U.S. Army Corps of Engineers Regulatory National Standard Operating Procedures for conducting an approved jurisdictional determination.

8.2 Permitting Corps Jurisdictional Areas
To remain in compliance with Section 404 of the CWA, project proponents and property owners (applicants) are required to be permitted by the Corps prior to discharging or otherwise impacting waters of the United States. In many cases, the Corps must visit a proposed project area (to conduct a “jurisdictional determination”) to confirm the extent of area falling under their jurisdiction prior to authorizing any permit for that project area. Typically, at the time the jurisdictional determination is conducted, applicants (or their representative) will discuss the 36 574 of 1220

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appropriate permit application that would be filed with the Corps for permitting the proposed impact(s) to “waters of the United States.”
Pursuant to Section 404, the Corps normally provides two alternatives for permitting impacts to the type of waters of the United States found in the project area. The first alternative would be to use Nationwide Permit(s) (NWP). The second alternative is to apply to the Corps for an Individual Permit (33 CFR Section 235.5(2)(b)). The application process for Individual Permits is extensive and includes public interest review procedures (i.e., public notice and receipt of public comments) and must contain an “alternatives analysis” that is prepared pursuant to Section 404(b) of the Clean Water Act (33 U.S.C. 1344(b)). The alternatives analysis is also typically reviewed by the federal EPA and thus brings another resource agency into the permitting framework. Both the Corps and EPA take the initial viewpoint that there are practical alternatives to the proposed project if there would be impacts to waters of the U.S., and the proposed permitted action is not a water dependent project (e.g., a pier or a dredging project).

Alternative analyses therefore must provide convincing reasons that the proposed permitted impacts are unavoidable. Individual Permits may be available for use in the event that discharges into regulated waters fail to meet conditions of NWP(s).

NWPs are a type of general permit administered by the Corps and issued on a nationwide basis that authorize minor activities that affect Corps regulated waters. Under NWP, if certain conditions are met, the specified activities can take place without the need for an individual or regional permit from the Corps (33 CFR, Section 235.5[c][2]). In order to use NWP(s), a project must meet 27 general nationwide permit conditions, and all specific conditions pertaining to the NWP being used (as presented at 33 CFR Section 330, Appendices A and C). It is also important to note that pursuant to 33 CFR Section 330.4(e), there may be special regional conditions or modifications to NWPs that could have relevance to individual proposed projects. Finally, pursuant to 33 CFR Section 330.6(a), Nationwide permittees may, and in some cases must, request from the Corps confirmation that an activity complies with the terms and conditions of the NWP intended for use (i.e., must receive “verification” from the Corps).

Prior to finalizing design plans, the applicant needs to be aware that the Corps maintains a policy of “no net loss” of wetlands (waters of the United States) from project area development.

Therefore, it is incumbent upon applicants that propose to impact Corps regulated areas to submit a mitigation plan that demonstrates that impacted regulated areas would be recreated (i.e., impacts would be mitigated). Typically, the Corps requires mitigation to be “in-kind” (i.e., seasonal wetlands would be filled, mitigation would include seasonal wetland mitigation), and at a minimum of a 1:1 replacement ratio (i.e., one acre or fraction there of recreated for each acre or fraction thereof lost). Often a 2:1 replacement ratio is required if the Permittee is responsible for the mitigation. In some cases, the Corps allows “out-of-kind” mitigation if the compensation site has greater value than the impacted site. Finally, there are many Corps approved wetland mitigation banks where wetland mitigation credits can be purchased by applicants to meet mitigation compensation requirements. Mitigation banks have defined service areas and the Corps may only allow their use when a project would have minimal impacts to wetlands. 37 575 of 1220

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8.2.1 APPLICABILITY TO THE PROPOSED PROJECT
On July 25, 2008, the Corps confirmed the extent of its jurisdiction on the project site (Corps File No. SPN-2007-400822-N). This jurisdictional map remained valid until July 25, 2010. On July 15, 2016, and April 24, 2017, M&A biologists Mr. Monk and Ms. Owens conducted a wetland delineation on the project site to update the expired map. A Request for Preliminary Jurisdictional Determination and the Preliminary Aquatic Resources Map was submitted to the Corps on August 18, 2017. On September 8, 2017, Ms. Roberta Morganstern from the Corps confirmed the extent of the Corps’ jurisdiction on the project site.

On March 20, 2018, M&A biologist, Ms. Christy Owens, conducted additional wetland delineation work of potential offsite impact areas associated with the improvement of Highway 116 along the frontage of the project site. An amended Request for Preliminary Jurisdictional Determination and a Preliminary Aquatic Resources Map was submitted to the Corps on August 18, 2018. On May 21, 2018, Ms. Morganstern of the Corps confirmed jurisdiction over 0.06-acre of seasonal wetland within the expanded limits of delineation which includes the project site (Attachments C and D).

The proposed project will result in the fill of approximately 0.06-acre of jurisdictional seasonal wetland regarded as a waters of the U.S. pursuant to the CWA. As impacts to waters of the U.S. will be less than 0.5-acre, the threshold for the Corps to authorize use of a Nationwide Permit, this project will require a Nationwide Permit(s) authorization from the Corps. Similarly, as no Corps Clean Water Act permit is operable without a Permit from the RWQCB, the applicant shall obtain a permit from both the Corps and the RWQCB prior to impacting waters of the U.S. and State on the project site.

8.3 State Water Resources Control Board (SWRCB)/California Regional Water Quality Control Board (RWQCB)

8.3.1 SECTION 401 OF THE CLEAN WATER ACT
The SWRCB and RWQCB regulate activities in "waters of the State" (which includes wetlands) through Section 401 of the Clean Water Act. While the Corps administers a permitting program that authorizes impacts to waters of the U.S., including wetlands and other waters, any Corps permit authorized for a proposed project would be inoperative unless it is a NWP that has been certified for use in California by the SWRCB, or if the RWQCB has issued a project specific certification of water quality. Certification of NWPs requires a finding by the SWRCB that the activities permitted by the NWP will not violate water quality standards individually or cumulatively over the term of the permit (the term is typically for five years). Certification must be consistent with the requirements of the federal Clean Water Act, the CEQA, the CESA, and the SWRCB’s mandate to protect beneficial uses of waters of the State. Any denied (i.e., not certified) NWPs, and all Individual Corps permits, would require a project specific RWQCB certification of water quality. Where a project will result in dredge or fill of non-federal waters of the State, the RWQCB will authorize those fills through waste discharge requirements issued under the Porter Cologne Water Quality Control Act.
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City of Cotati, Sonoma County, California
On April 2, 2019, the SWRCB adopted a State-level definition of “wetlands,’ which definition is broader than the federal definition in that unvegetated areas may be considered a wetland water of the State. As a part of the same policy, the SWRCB adopted permit procedures and standards governing the discharge of dredged or fill material into wetlands and other waters of the State. The policy includes, among other things, requirements for analyses to identify the least environmentally damaging practicable alternative (LEDPA) and compensatory mitigation standards including a minimum 1:1 ratio for wetlands and streams, and full functional replacement of all waters on top of this minimum where applicable. The policy, which will govern both Section 401 certifications and Waste Discharge Requirements (WDRs), is scheduled to become effective nine months following the completion of review by the California Office of Administrative Law.

8.3.2 APPLICABILITY TO THE PROPOSED PROJECT
The Corps’ confirmed Aquatic Resources Map is provided as Attachment C. Since the RWQCB does not have a formal method for technically defining what constitutes waters of the state, M&A expects that the RWQCB should remain consistent with the Corps’ determination. The proposed project will result in impacts to a 0.06-acre seasonal wetland that is regarded as a water of the U.S. and State.

Any proposed impact to waters of the State would have to be mitigated pursuant to Section 401 of the CWA and/or pursuant to the Porter-Cologne Water Quality Control Act. The RWQCB will require mitigation that replaces the functions and services of the impacted wetland(s) as a condition of issuing a permit for impacts to wetlands. The RWQCB requirements for issuance of a “401 Permit” typically parallel the Corps requirements for permitting impacts to Corps regulated areas pursuant to Section 404 of the Clean Water Act. Please refer to the Corps Applicability Section above for likely mitigation requirements for impacts to RWQCB regulated waters. Also, please refer to the applicability section of the Porter-Cologne Water Quality Control Act below for other applicable actions that may be imposed on the project by the RWQCB prior to the time any certification of water quality is authorized for the project.

8.3.3 PORTER-COLOGNE WATER QUALITY CONTROL ACT
The uncontrolled discharge of pollutants into impaired water bodies is considered particularly detrimental. According to the EPA, sediment is one of the most widespread pollutants contaminating U.S. rivers and streams. Sediment runoff from construction sites is 10 to 20 times greater than from agricultural lands and 1,000 to 2,000 times greater than from forest lands (EPA 2005). Consequently, the discharge of stormwater from large construction sites is regulated by the RWQCB under the Clean Water Act and California’s Porter-Cologne Water Quality Control Act.

The Porter-Cologne Water Quality Control Act, Water Code § 13260, requires that “any person discharging waste, or proposing to discharge waste, that could affect the waters of the State to file a report of discharge” with the RWQCB through an application for waste discharge (Water Code Section 13260(a)(1). The term “waters of the State” is defined as any surface water or groundwater, including saline waters, within the boundaries of the State (Water Code § 13050(e)). It should be noted that pursuant to the Porter-Cologne Water Quality Control Act, the 39 577 of 1220

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City of Cotati, Sonoma County, California
RWQCB also regulates “isolated wetlands,” or those wetlands considered to be outside of the Corps’ jurisdiction (see Corps Section above).

The RWQCB generally considers filling in waters of the State to constitute “pollution.” Pollution is defined as an alteration of the quality of the waters of the State by waste that unreasonably affects its beneficial uses (Water Code §13050(1)). The RWQCB litmus test for determining if a project should be regulated pursuant to the Porter-Cologne Water Quality Control Act is if the action could result in any “threat” to water quality.

The RWQCB requires complete pre- and post-development Best Management Practices (BMPs) for any portion of the project site that is developed. This means that a water quality treatment plan for the pre- and post-developed project site must be prepared and implemented.

Preconstruction requirements must be consistent with the requirements of the National Pollutant Discharge Elimination System (NPDES). That is, a Stormwater Pollution Prevention Plan (SWPPP) must be developed prior to the time that a site is graded (see NPDES section below). In addition, a post construction BMPs plan, or a Stormwater Management Plan (SWMP) must be developed and incorporated into any site development plan.

8.3.4 APPLICABILITY TO PROPOSED PROJECT
Since any “threat” to water quality could conceivably be regulated pursuant to the PorterCologne Water Quality Control Act, care will be required when constructing the proposed project to be sure that adequate pre-and post-construction Best Management Practices Plan (BMPs) are incorporated into the project implementation plans. Please note that any isolated wetlands defined by the Corps on the project site, that are not regulated by the Corps pursuant to the SWANCC decision, would still be regulated by the RWQCB pursuant to the Porter-Cologne Water Quality Control Act.

It should also be noted that prior to issuance of any permit from the RWQCB this agency will require submittal of a Notice of Determination from the City of Cotati indicating that the proposed project has completed a review conducted pursuant to CEQA. The pertinent sections of the CEQA document (typically the biology section) are often submitted to the RWQCB for review prior to the time this agency will issue a permit for a proposed project.

Much of the stormwater runoff currently flows into the City’s existing stormdrain system. It is expected that project development will utilize the existing stormdrain system; however, pretreatment of stormwater in accordance with Provision C.3 (discussed in the section below) prior to release into the City stormdrain system will be necessary. Additionally, during project construction, it is important for the project proponent to have the components of a Storm Water Pollution Prevention Plan (SWPPP) and Storm Water Management Plan (SWMP) in place; these documents are typically prepared by the project’s civil engineer.

8.3.5 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) In 1972 the Clean Water Act was amended to state that the discharge of pollutants to waters of the United States from any point source is unlawful unless the discharge is in compliance with an NPDES permit. The 1987 amendments to the Clean Water Act added Section 402(p) which 40 578 of 1220

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establishes a framework for regulating municipal and industrial stormwater discharges under the NPDES Program.

While federal regulations allow two permitting options for stormwater discharges (individual permits and General Permits), the SWRCB has elected to adopt only one statewide Construction General Permit at this time that will apply to all stormwater discharges associated with construction activity, except from those on Tribal Lands, in the Lake Tahoe Hydrologic Unit, and those performed by the California Department of Transportation (CalTrans).

The Construction General Permit requires all dischargers where construction activity disturbs greater than one acre of land or those sites less than one acre that are part of a common plan of development or sale that disturbs more than one acre of land surface to:

1. Develop and implement a SWPPP which specifies Best Management Practices (BMPs) that will prevent all construction pollutants from contacting stormwater with the intent of keeping all products of erosion from moving off site into receiving waters.

2. Eliminate or reduce non-stormwater discharges to storm sewer systems and other waters of the nation. Achieve quantitatively-defined (i.e., numeric) pollutant-specific discharge standards, and conduct much more rigorous monitoring based on the project’s projected risk level.

3. Perform inspections of all BMPs.

This Construction General Permit is implemented and enforced by the nine California Regional Water Quality Control Boards (RWQCBs). It is also enforceable through citizens’ suits and represents a dramatic shift in the State Water Board’s approach to regulating new and redevelopment sites, imposing new affirmative duties and fixed standards on builders and developers.

Types of Construction Activity Covered by the Construction General Permit  clearing,
 grading,
 disturbances to the ground such as stockpiling, or excavation that results in soil disturbances of at least one acre or more of total land area.

Construction activity that results in soil disturbances to a smaller area would still be subject to this General Permit if the construction activity is part of a larger common plan of development that encompasses greater than one acre of soil disturbance, or if there is significant water quality impairment resulting from the activity.

Construction activity does not include:
 routine maintenance to maintain original line and grade,  hydraulic capacity, or original purpose of the facility, 41 579 of 1220

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 nor does it include emergency construction activities required to protect public health and safety.

Project proponents (landowners) should confirm with the local RWQCB whether or not a particular routine maintenance activity is subject to this General Permit.

The State Water Board’s new quantitative standards (Order 2009-0009-DWQ) take a two-tiered approach, depending on the risk level associated with the site in question. Exceedance of a benchmark Numeric Action Level (“NAL”) measured in terms of pH and turbidity (a measure related to both the amount of sediment in and the velocity of site runoff) triggers an additional obligation to implement additional BMPs and corrective action to improve SWPPP performance.

New minimum BMPs include Active Treatment Systems, which may be necessary where traditional erosion and sediment controls do not effectively control accelerated erosion; where site constraints inhibit the ability to construct a correctly sized sediment basin; where clay and/or highly erosive soils are present; or where the site has very steep or long slope lengths.

In addition, the Construction General Permit includes several “post-construction” requirements.

These requirements entail that site designs provide no net increase in overall site runoff and match pre-project hydrology by maintaining runoff volume and drainage concentrations. To achieve the required results where impervious surfaces such as roofs and paved surfaces are being increased, developers must implement non-structural off-setting BMPs, such as landform grading, site design BMPs, and distributed structural BMPs (bioretention cells, rain gardens, and rain cisterns). This “runoff reduction” approach is essentially a State Water Board-imposed regulatory requirement to implement Low Impact Development (“LID”) design features.

Volume that cannot be addressed using non-structural BMPs must be captured in structural BMPs that are approved by the RWQCB.

Improving the quality of site runoff is necessary to improve water quality in impaired and threatened streams, rivers, and lakes (that is, water bodies on the EPA’s 303(d) list). The RWQCB prioritizes the water bodies on the 303(d) list according to potential impacts to beneficial uses. Beneficial uses can include a wide range of uses, such as nautical navigation; wildlife habitat; fish spawning and migration; commercial fishing, including shellfish harvesting; recreation, including swimming, surfing, fishing, boating, beachcombing, and more; water supply for domestic consumption or industrial processes; and groundwater recharge, among other uses. The State is required to develop action plans and establish Total Maximum Daily Loads (TMDLs) to improve water quality within these impaired water bodies. The TMDL is the quantity of a pollutant that can be safely assimilated by a water body without violating the applicable water quality standards.

Pursuant to the CWA, the RWQCB regulates construction discharges under the National Pollutant Discharge Elimination System (NPDES). The project sponsor of construction or other activities that disturb more than 1 acre of land must obtain coverage under NPDES Construction General Permit Order 2009-0009-DWQ, administered by the RWQCB3. 3 CGP Order 2009-0009-DWQ remains in effect, but has been amended by CGP Order 2009-0014-DWQ, effective February 14, 2011, and CGP Order 2009-0016-DWQ, effective July 17, 2012. The first amendment merely provided 42 580 of 1220

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8.3.6 APPLICABILITY TO THE PROPOSED PROJECT
To obtain coverage under the General Storm Water Permit the applicant must electronically file a number of permit-related compliance documents (Permit Registration Documents (PRDs)), including a Notice of Intent (NOI), a risk assessment, site map, signed certification, Stormwater Pollution Prevention Plan (SWPPP), Notice of Termination (NOT), NAL exceedance reports, and other site-specific PRDs that may be required. The PRDs must be prepared by a Qualified SWPPP Practitioner (QSP) or Qualified SWPPP Developer (QSD) and filed by a Legally Responsible Person (LRP) on the RWQCB’s Stormwater Multi-Application Report Tracking System (SMARTS). QSDs are typically civil engineers, professional hydrologists, engineering geologists, or landscape architects. Once filed, these documents become immediately available to the public for review and comment. At a minimum, the SWPPP shall identify Best Management Practices (BMPs) for implementation during project construction that are in accordance with the applicable guidance and procedures contained in the California Stormwater Quality Association’s California Stormwater Best Management Practices Handbook (2015).

Construction stormwater BMPs are intended to minimize the migration of sediments offsite.

They can include:
 covering soil stockpiles,
 sweeping soil from streets or other paved areas,
 performing site-disturbing activities in dry periods,  planting vegetation or landscaping quickly after disturbance to stabilize soils.

Other typical stormwater BMPs include erosion reduction controls such as:
 hay bales, water bars, covers, sediment fences, sensitive area access restrictions, vehicle mats in wet areas, geotextile blankets, fiber rolls, temporary slope drains, mulching of exposed areas, vehicle mats in wet areas, and other erosion-reducing features, and retention/settlement ponds.

Excavation and other soil-disturbing activities associated with the project could potentially affect water quality as a result of erosion of sediment. In addition, leaks from construction equipment; accidental spills of fuel, oil, or hazardous liquids used for equipment maintenance; and accidental spills of construction materials are all potential sources of pollutants that could degrade water quality.

9. STORM WATER LOW IMPACT DEVELOPMENT (SWLID)
The SWRCB and RWQCB adopted new design requirements and an updated LID Manual effective May 3rd, 2017. The 2017 Storm Water Low Impact Development (SWLID) guidelines are provided to better facilitate the processing of Clean Water Act permits. California’s North Coast RWQCB routinely uses the SWLID Design Manual as an example program on how postconstruction BMPs should be implemented. additional clarification to Order 2009-0009-DWQ, while Order 2009-0016-DWQ eliminated numeric effluent limits on pH and turbidity (except in the case of active treatment systems), in response to a legal challenge to the original order.
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The 2017 SWLID provides technical guidance for project designs that require the implementation of permanent storm water BMPs. This 2017 SWLID supersedes both the 2005 SUSMP guidelines and the 2011 version of the SWLID manual. To reduce storm water pollution, protect water quality of local waterways, and promote groundwater recharge, SWLID integrates specialized landscape features into an urban environment and directs runoff into these features where it can soak into the ground. This design approach mimics the storm water benefits of the natural environment. Specialized swales, planters, and raingardens provide beauty while also slowing runoff and removing pollutants. Plants and microbes that live in healthy soil use pollutants as nutrients, removing them from runoff.

The SWLID is formally defined as:

A development site design strategy with a goal of maintaining or reproducing the predevelopment hydrologic system through the use of design techniques to create a functionally equivalent hydrologic setting. Hydrologic functions of storage, infiltration, and groundwater recharge, as well as the volume and frequency of discharges are maintained through the use of integrated and distributed small-scale storm water retention and detention areas, reduction of impervious surfaces, and the lengthening of flow paths, and runoff time.

The SWLID Design Manual is intended to satisfy the specific requirements of “Order No. R1- 2015-0030, NPDES No. CA-0025054 NPDES permit and waste discharge requirements for discharges from the municipal separate storm sewer systems.” Additional design requirements imposed by governing agencies, such as local grading ordinances, CAL Green, CEQA, 401 permitting, and hydraulic design for flood control still apply as appropriate.

The intention of the Design Manual is to promote the following SWLID goals:
 Minimize the adverse impacts from storm water runoff on water quality, the biological integrity of receiving waters, and the beneficial uses of water bodies.  Minimize the percentage of impervious surfaces on land development projects and implement mitigation measures to mimic the pre-development water balance through infiltration, evapotranspiration, and capture and reuse of storm water.  Minimize pollutant loadings from impervious surfaces such as roof tops, parking lots, and roadways through the use of properly designed, technically appropriate BMPs, including source control BMPs or good housekeeping practices, SWLID planning and design strategies, and treatment control BMPs.
 Proper selection, design and maintenance of treatment control BMPs, and hydromodification control BMPs to address pollutants generated by land development, minimizing post-development surface flows and velocities, assuring long-term functionality of BMPs, and avoiding the breeding of vectors. 44 582 of 1220

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9.1 Projects That Trigger Requirements
Geographic Areas
The requirements set forth in this SWLID Design Manual apply to projects within the jurisdiction of City of Santa Rosa, City of Healdsburg, Town of Windsor, City of Cotati, City of Sebastopol, City of Cloverdale, City of Ukiah, and City of Rohnert Park as well as the portions of the County of Sonoma as shown in Attachment C of the NPDES MS4 Permit Order No. R1- 2015-0030.

This SWLID manual does not apply to the areas south of the Russian River/Laguna De Santa Rosa watershed boundary, including portions of Petaluma, Sonoma, and the southern portion of the County of Sonoma as they are outside the jurisdiction of the North Coast RWQCB and have distinct design requirements.

Project Triggers and Exemptions
Since SWLID features are designed to mitigate for the permanent impacts caused by impervious surfaces, the total amount of impervious surface must be considered when determining whether or not a project triggers SWLID requirements. This evaluation must include the built-out project condition (including homes or structures that will be completed under separate building permits) as well as all phases of a phased project. Note that tributary areas where no impervious surface will be added or replaced are not required to install BMPs.

Impervious Surface
Impervious surfaces are defined as an area that has been modified such that storm water percolation into underlying soils is reduced or prevented. Examples of surfaces include concrete, asphalt, and roof tops. Existing gravel on a project site prior to the proposed project is considered to be pervious unless documentation is provided that demonstrates that it is impervious. Gravel placed as part of the proposed project is considered to be impervious unless documentation is provided to verify that it is pervious.

Site Determination
For the purposes of this Manual, the impacts that must be accounted for in the SWLID design includes everything within the project site of all improved parcels as well as all offsite or associated public improvements, such as trenching and repaving for utility connections.

9.1.1 APPLICABILITY TO THE PROPOSED PROJECT
The City of Cotati will require that a SWLID Plan be submitted that integrates the 2017 SWLID Design Manual guidelines. The proposed project will create more than one acre of impervious surface and will therefore be conditioned to meet treatment and hydromodification control requirements. The hydromodification control design goal requires the project to capture and/or infiltrate and/or reuse one hundred percent of the post project volume.

The proposed project will be designed to implement permanent water quality treatment and hydro-modification control BMPs set forth in the 2017 SWLID; such as treatment of all runoff generated by a one-inch rainfall event in a 24-hour time period falling on all impermeable surfaces, and the exit off the project site of all such storm water at flow rates similar to predevelopment conditions.
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10. CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE PROTECTIONS

10.1 Section 1602 of California Fish and Game Code
Pursuant to Section 1602 of the California Fish and Game Code: “An entity may not substantially divert or obstruct the natural flow of, or substantially change or use any material from the bed, channel, or bank of, any river, stream, or lake, or deposit or dispose of debris, waste, or other material containing crumbled, flaked, or ground pavement where it may pass into any river, stream, or lake, unless all of the following occur:
(1) CDFW receives written notification regarding the activity in the manner prescribed by CDFW. The notification shall include, but is not limited to, all of the following:
(A) A detailed description of the project’s location and a map. (B) The name, if any, of the river, stream, or lake affected. (C) A detailed project description, including, but not limited to, construction plans and drawings, if applicable.
(D) A copy of any document prepared pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code.
(E) A copy of any other applicable local, State, or federal permit or agreement already issued.
(F) Any other information required by CDFW” (Fish & Game Code 2014).

Please see Section 1602 of the current California Fish and Game Code for further details.

Please also note that while not stated in the regulations above, the CDFW typically considers its jurisdiction to include riparian vegetation (that is, the trees and bushes growing along the stream).

Thus, any proposed activity in a natural stream channel that would substantially adversely affect an existing fish and/or wildlife resource, including its riparian vegetation, would require entering into a Streambed Alteration Agreement (SBAA) with the CDFW prior to commencing with work in the stream. However, prior to authorizing such permits, the CDFW typically reviews an analysis of the expected biological impacts, any proposed mitigation plans that would be implemented to offset biological impacts and engineering and erosion control plans.

10.2 Applicability to Proposed Project
There are no streams, tributaries, or creeks on or adjacent to the project site that would be impacted by the proposed project. Accordingly, no Section 1602 permit is required for this project from the CDFW.

11. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) REGULATIONS A CEQA lead agency must determine if a proposed activity constitutes a project requiring further review pursuant to the CEQA. Pursuant to CEQA, a lead agency would have to determine if there could be significant adverse impacts to the environment from a proposed project.

Typically, if within the city limits, the city would be the CEQA lead agency. If a discretionary permit (i.e., conditional use permit) would be required for a project (e.g., an occupancy permit must be issued), the lead agency typically must determine if there could be significant environmental impacts. This is usually accomplished by an “Initial Study.” If there could be 46 584 of 1220

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significant environmental impacts, the lead agency must determine an appropriate level of environmental review prior to approving and/or otherwise permitting the impacts. In some cases, there are “Categorical Exemptions” that apply to the proposed activity; thus, the activity is exempt from CEQA. The Categorical Exemptions are provided in CEQA. There are also Statutory Exemptions in CEQA that must be investigated for any proposed project. If the project is not exempt from CEQA, the lowest level of review typically reserved for projects with no significant effects on the environment would be for the lead agency to prepare a “Negative Declaration.” If a proposed project would have only minimal impacts that can be mitigated to a level of no significance pursuant to the CEQA, then a “Mitigated Negative Declaration” (MND) is typically prepared by the lead agency. Finally, those projects that may have significant effects on the environment, or that have impacts that can’t be mitigated to a level considered less than significant pursuant to the CEQA, typically must be reviewed via an Environmental Impact Report (EIR). All CEQA review documents are subject to public circulation, and comment periods.

Section 15380 of CEQA defines “endangered” species as those whose survival and reproduction in the wild are in immediate jeopardy from one or more causes, including loss of habitat, change in habitat, overexploitation, predation, competition, disease, or other factors. “Rare” species are defined by CEQA as those who are in such low numbers that they could become endangered if their environment worsens; or the species is likely to become endangered within the foreseeable future throughout all or a significant portion of its range and may be considered “threatened” as that term is used in FESA. The CEQA Guidelines also state that a project will normally have a significant effect on the environment if it will “substantially affect a rare or endangered species of animal or plant or the habitat of the species.” The significance of impacts to a species under CEQA, therefore, must be based on analyzing actual rarity and threat of extinction to that species despite its legal status or lack thereof.

11.1.1 APPLICABILITY TO THE PROPOSED PROJECT
This report has been prepared as a Biology section that is suitable for incorporation by the CEQA lead agency (in this case the City of Cotati) into a CEQA review document such as a MND or an Environmental Impact Report. This document addresses potential impacts to species that would be defined as endangered or rare pursuant to Section 15380 of the CEQA.

12. IMPACTS ANALYSIS
Below the criteria used in assessing impacts to Biological Resources is presented.

12.1 Significance Criteria
A significant impact is determined using CEQA and CEQA Guidelines. Pursuant to CEQA §21068, a significant effect on the environment means a substantial, or potentially substantial, adverse change in the environment. Pursuant to CEQA Guideline §15382, a significant effect on the environment is further defined as a substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the project including land, air, water, minerals, flora, fauna, ambient noise, and objects of historical or aesthetic significance. Other Federal, State, and local agencies’ considerations and regulations are also used in the evaluation of significance of proposed actions.
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Direct and indirect adverse impacts to biological resources are classified as “significant,” “potentially significant,” or “less than significant.” Biological resources are broken down into four categories: vegetation, wildlife, threatened and endangered species, and regulated “waters of the United States” and/or stream channels.

12.1.1 THRESHOLDS OF SIGNIFICANCE

12.1.1.1 Plants, Wildlife, Waters
In accordance with Appendix G (Environmental Checklist Form) of the CEQA Guidelines, implementing the project would have a significant biological impact if it would:
 Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the CDFW or USFWS.  Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the CDFW or USFWS.
 Have a substantial adverse effect on federally protected “wetlands” as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means.  Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites.
 Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance.
 Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan.

12.1.1.2 Waters of the United States and State.

Pursuant to Section 404 of the Clean Water Act (33 U.S.C. 1344), the U.S. Army Corps of Engineers regulates the discharge of dredged or fill material into waters of the United States, which includes wetlands, as discussed in the bulleted item above, and also includes “other waters” (stream channels, rivers) (33 CFR Parts 328 through 330). Substantial impacts to Corps regulated areas on a project site would be considered a significant adverse impact. Similarly, pursuant to Section 401 of the Clean Water Act, and to the Porter-Cologne Water Quality Control Act, the RWQCB regulates impacts to waters of the state. Thus, substantial impacts to RWQCB regulated areas on a project site would also be considered a significant adverse impact. 48 586 of 1220

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12.1.1.3 Stream Channels
Pursuant to Section 1602 of the California Fish and Game Code, the CDFW regulates activities that divert, obstruct, or alter stream flow, or substantially modify the bed, channel, or bank of a stream which the CDFW typically considers to include riparian vegetation. Any proposed activity that would result in substantial modifications to a natural stream channel would be considered a significant adverse impact.

13. IMPACT ASSESSMENT AND PROPOSED MITIGATION
In this section, we discuss potential impacts to sensitive biological resources including specialstatus plant and animal species and waters of the United States and/or State. We follow each impact with a mitigation prescription that when implemented would reduce impacts to a level regarded as less than significant pursuant to CEQA. This impact analysis is based on the Reds Residential Project Site Plan prepared by Design, Draw, Build, dated June 2, 2022 (Attachment E)

13.1 Impact BIO-1: Development of the Proposed Project May Have a Potentially Significant Impact on Suitable Habitat for State and Federally listed Vernal Pool Plants (Potentially Significant)
Formal special-status plant surveys were conducted on the project site in 2015 by Mr. Roy Buck, Senior Botanist with California Environmental Services, LLC and by M&A on July 15, 2016; April 24, May 26 and June 15, 2017; and on, April 9, April 30, and May 23, 2019. No specialstatus plants were found during the required two years of rare plant surveys conducted at appropriate times when the targeted listed plants were identified in flower at reference population sites. Thus, development of the project site will not impact any special-status plant species. However, in compliance with new published-CDFW survey guidelines released on March 18, 2018, one additional year of surveys was conducted in 2019 to bring the previous year’s surveys up to date and demonstrate the absence of State-listed plants, and other specialstatus plants, on the project site under the most current and up to date survey guidelines.

Special-status plant surveys conducted in 2015, 2016, 2017 and 2019 were negative and established that the seasonal wetland on the project site is not “occupied” with listed endangered vernal pool plants. Regardless, the single seasonal wetland is still regarded as “suitable vernal pool plant habitat” (even when two years of surveys proves absence) per the existing BO for this project site. Impacts to suitable listed plant habitat must be mitigated by purchase of Sebastopol meadowfoam preservation or establishment credits. As a federal permit will be obtained for this project from the Corps, a federal nexus agency to the USFWS, pursuant to the USFWS’ formal Recovery Plan for the Santa Rosa Plain (USFWS 2016), and current mitigation policy implemented by the USFWS, mitigation that will compensate for impacts to “suitable seasonal wetland habitat” must be obtained for Sebastopol meadowfoam (Limnanthes vinculans) from a conservation bank located in the Sebastopol meadowfoam Core Area (Exhibit A). Thus, pursuant to the CEQA, the proposed project may result in significant impacts to suitable vernal pool plant species habitat. Such impacts could be mitigated to a level considered less than significant pursuant to the CEQA.
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13.2 Mitigation Measure BIO-1. For Impacts to Federally Listed Vernal Pool Plant Suitable Habitat
Appropriately timed special-status plant surveys conducted between 2015 and 2019 demonstrated that the project site does not support federally listed or state listed vernal pool plants. Thus, in accordance with agency regulations and per the existing BO that remains valid for the proposed project, the applicant shall be required to purchase vernal pool conservation credits for Sebastopol meadowfoam at 1.5:1 habitat ratio.

Accordingly, the project will impact 0.06-acre of “suitable vernal pool rare plant habitat.” Thus, in consideration of these mitigation ratios, the applicant shall secure 0.09 acre of credits for Sebastopol meadowfoam (or as otherwise allowed by the Corps/USFWS) from the Sebastopol meadowfoam Core Area. Any rare plant conservation credits purchased for the project shall be approved by the USFWS prior to the purchase of the credits. The applicant shall be required to provide proof to the City of Cotati that these conservation credits have been purchased prior to commencement of grading on the project site.

When implemented, the above mitigation measure would reduce project impacts to federally listed vernal pool plant suitable habitat to a level considered less than significant pursuant to CEQA.

13.3 Impact BIO-2. Development of the Proposed Project Would Have a Potentially Significant Adverse Impact on the State and Federally Listed California Tiger Salamander
In 2003/2004, construction of the Sonoma Business Park development project that is located immediately east of the Reds Residential project site was underway. The developer was required by USFWS and CDFW to salvage California tiger salamanders presumed to be migrating from adjacent properties, including the project site (then called the Sterling Senior project site), to the former (now developed) breeding pools on the Sonoma Business Park project site. This salvage project was supervised by the CDFW and the USFWS under the assumption that all adult California tiger salamanders and their breeding habitat had been removed from the Sonoma Business Park project site when it was mass-graded in June 2002. The recovery/salvage project was implemented under expectation that the balance of the Sonoma Business Park and the parcel to the north (then called the Nibe project site) and project site would be developed under a master development project. In September 2007, M&A prepared and submitted a report to the USFWS and CDFG (now the CDFW) summarizing the salvage trapping effort titled California Tiger Salamander (Ambystoma californiense) Survey and Salvage Summary “Nibe” and “Red’s” Project Sites Santa Rosa, California September 20, 2007. That report indicates that 12 adult California tiger salamanders were captured on the Reds Project Site in the winter of 2003/2004 and were surrendered to the CDFW. Since California tiger salamanders were captured on the project site during the 2003/2004 salvage effort, the project site is regarded as habitat that could continue to support California tiger salamanders. From a practical standpoint, the breeding ponds that were being used by this local population of California tiger salamander were removed by development in 2002. Thus, the possibility of California tiger salamanders migrating across the project site today, under the considerations that the population was regarded as “salvaged” or removed, and that the breeding pools are no longer present, is very low. Regardless, the presence 50 588 of 1220

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of this salamander cannot be dismissed entirely. Thus, there will be an assumption that the proposed project will impact the California tiger salamander. Thus, pursuant to the CEQA, the proposed project could result in significant impacts to the California tiger salamander and its habitat. Such impacts could be mitigated to a level considered less than significant.

13.4 Mitigation BIO-2. California Tiger Salamander
The closest known breeding location record for California tiger salamander is located 0.1-mile (510 feet) north of the project site (Occurrence No. 82) within a drainage ditch alongside Alder Avenue (Figure 7); however, no breeding habitat occurs on the project site. In 2002, two known California tiger salamander breeding pools were impacted within 500 feet of the project site.

These pools are now developed under a condominium complex. California tiger salamanders were salvaged as part of that development project from the breeding pool on that project site, the Nibe project site immediately to the north, and the project site under consideration herein immediately to the west (see California tiger salamander section of this report). For California tiger salamander mitigation calculations derived from the Conservation Strategy (USFWS 2005), the closest breeding pool is regarded as greater than 500 feet but less than 2,200 feet from the project site.

Per the existing BO, the portions of the 5.63-acre project that constitutes over summering or migration habitat of the California tiger salamander that are greater than 500 feet and within 2,200 feet of a known breeding site, and for projects beyond 2,200 feet from a known breeding site, but within 500 feet of an adult occurrence, would be mitigated at a 2:1 replacement to impacts ratio (see Figure 7 for calculation of mitigation ratio acreages). Approximately 1.99 acres of the 5.63-acre project site is currently developed with buildings or hard-packed, gravelimpregnated roadways and parking areas around buildings. These developed surfaces do not constitute California tiger salamander habitat that warrants mitigation. In consideration of these mitigation ratios and the already developed surfaces that do not constitute California tiger salamander habitat on the project site, to compensate for impacts to 3.64 acres of California tiger salamander habitat that would occur from development of the project site (as shown in Figure 7), the existing BO requires that the applicant purchase 7.28 acres of California tiger salamander mitigation credit from a USFWS (and CDFW) approved Conservation Bank. Currently, the applicant is proposing to purchase California tiger salamander credits from the Margaret West and/or Alton Lane Conservation Banks. The applicant could use other conservation banks as well as approved by the USFWS (and CDFW). The applicant shall be required to provide proof to the City of Cotati that these California tiger salamander conservation credits have been purchased prior to commencement of grading on the project site. In lieu of conservation bank credits, the applicant may preserve extant occupied California tiger salamander habitat in the West Cotati Core California tiger salamander area or other geographic area as approved by the agencies via recordation of a perpetual conservation easement. Any preservation plan would have to be approved by the USFWS and the CDFW.

Per the existing BO, to ensure that migrating California tiger salamanders do not end up within the project site while under construction where they could be killed, prior to grading the project site, the developer shall surround the project site with California tiger salamander exclusion fencing. This fencing shall be inspected daily by a qualified biologist or a trained construction 51 589 of 1220

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manager for the duration of the grading and construction project. If a California tiger salamander is found trapped up against the fence and must be moved, it shall only be moved by a qualified 10(a)(1)(A) federally and State-permitted California tiger salamander biologist. Any such relocation would be as permitted by the USFWS (per the existing BO) and CDFW in their Incidental Take Permits issued to the project that address impacts to the California tiger salamander. Copies of the existing BO (Incidental Take Permit) and of the CDFW’s 2081 Incidental Take Permit shall be provided to the City of Cotati prior to the commencement of grading on the project site.

When implemented, these mitigation measures would reduce significant impacts to the California tiger salamander to a level regarded as less than significant pursuant to CEQA.

13.5 Impact BIO-3. Development of the Proposed Project Could Have a Potentially Significant Impact on Special-status Bats
The trees and abandoned buildings on the project site provide suitable roosting habitat for the pallid bat. This bat species is designated by the State as “species of special concern.” In accordance with the CEQA Guidelines (Section 15380) which protects “rare” and “endangered” species as defined by CEQA, CDFW determined that species of special concern meet this CEQA definition. Accordingly, “take” (i.e., to harm or kill) of these bats resulting from the project would be regarded as significant. The project proponent can avoid impacts to special-status bats by conducting preconstruction surveys and implementing avoidance measures. As such, pursuant to the CEQA, development of the proposed project could result in potentially significant impacts to special-status bats. Such impacts could be mitigated to a level considered less than significant.

13.6 Mitigation Measure BIO-3. Special-Status Bats
To avoid impacts to special-status bats, a qualified biologist should conduct a preconstruction survey of the structures and trees that would be impacted by the project 15 days prior to removal or commencement of groundwork. All bat surveys should be conducted by a biologist with experience surveying for bats. If no special-status bats are found during the surveys, then building demolition and tree removal may commence. Per the recommendation of the CDFW, trees should be trimmed and/or removed in a two-phased removal system conducted over two consecutive days. The first day (in the afternoon), limbs and branches would be removed by a tree cutter using chainsaws only. Limbs with cavities, crevices or deep bark fissures would be avoided, and only branches or limbs without those features would be removed. On the second day, the entire tree would be removed.

If special-status bat species are found roosting on the project site, the biologist should determine if there are young present (i.e., the biologist should determine if there are maternal roosts). If young are found roosting in any tree or structure that will be impacted by the project, such impacts should be avoided until the young are flying and feeding on their own. A nondisturbance buffer installed with orange construction fencing should also be established around the maternity site. The size of the buffer zone should be determined by a qualified bat biologist at the time of the surveys. If adults are found roosting in a tree or structure on the project site but no maternal sites are found, then the adult bats can be flushed, or one-way eviction doors can be 52 590 of 1220

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placed over any tree cavity (or structure access opening) supporting bat access for a 48-hour period prior to the time the tree or structure in question would be removed or disturbed. At that point, no other mitigation compensation would be required.

When implemented, these mitigation measures would reduce project impacts to special-status bats to a level considered less than significant pursuant to CEQA.

13.7 Impact BIO-4. Development of the Proposed Project Would Have a Potentially Significant Impact on Nesting Raptors and Passerine Birds.

Nesting raptors (birds of prey) and passerine (perching) birds are protected pursuant to California Fish and Game Code (Sections 3503, 3503.5, 3513), and the Federal Migratory Bird Treaty Act.

The oaks present on the project site provide suitable nesting habitat for raptors and passerines. In addition, the grassland on the project site provides suitable nesting habitat for ground-nesting birds. Finally, birds could nest in or on the abandoned buildings on the project site. Since, typically, most birds can fly out of harm’s way, development of the project site would not be expected to harm adult birds. However, nesting birds are susceptible to take through disturbance that harms eggs or young. The project proponent can avoid impacts to nesting birds by conducting preconstruction nesting bird surveys and implementing avoidance measures. As such, pursuant to the CEQA, development of the proposed project could result in potentially significant impacts to nesting birds. Such impacts could be mitigated to a level considered less than significant.

13.8 Mitigation Measure BIO-4. Nesting Birds
To avoid impacts to nesting raptors and passerines, a nesting bird survey shall be conducted within 15 days prior to commencing with construction work if this work would begin between February 1 and August 31. The nesting bird survey shall be conducted on the project site and within a zone of influence around the project site. The zone of influence includes those areas off the project site where raptors could be disturbed by earth-moving vibrations or noise. The nesting bird survey should include examination of all suitable nesting habitats within 300 feet of the entire project site. A nesting bird survey report shall be prepared upon completion of the survey and provided to the City of Cotati with any recommendations required for establishment of protective buffers as necessary to protect nesting birds.

If birds are identified nesting on or within the zone of influence of the construction project, a qualified biologist shall establish a temporary protective buffer around the nest(s). The buffer must be of sufficient size to protect the nesting site from construction-related disturbance and shall be established by a qualified ornithologist or biologist with extensive experience working with nesting birds near and on construction sites. Typically, adequate nesting buffers are 75 feet from the nest site or nest tree dripline for small birds and up to 300 feet for sensitive nesting birds that include several raptor species known from the region of the project site. The nest buffer should be staked with orange construction fencing or orange lath staking.

No construction or earth-moving activity shall occur within any established nest protection buffer prior to September 1 unless it is determined by a qualified ornithologist/biologist that the young have fledged (that is, left the nest) and have attained sufficient flight skills to avoid project 53 591 of 1220

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construction zones, or that the nesting cycle is otherwise completed. In the region of the project site, most species complete nesting by mid-July. This date can be significantly earlier or later and would have to be determined by the qualified biologist. At the end of the nesting cycle, and abandonment of the nest by its occupants, as determined by a qualified biologist, temporary nest buffers may be removed, and construction may commence in established nesting buffer areas without further regard for the nest site.

When implemented, these mitigation measures would reduce project impacts to nesting raptors and passerine birds to a level considered less than significant pursuant to CEQA.

13.9 Impact BIO-5. Development of the Proposed Project Would Have a Significant Impact on Waters of the United States and/or State.

On May 21, 2018, the Corps confirmed jurisdiction over 0.06-acre of seasonal wetland within the expanded limits of delineation which includes the project site (Attachments C and D).

Consequently, the proposed project will impact approximately 0.06-acre of jurisdictional seasonal wetland regarded as waters of the U.S. and State subject to regulation by the Corps and the RWQCB. As such, pursuant to the CEQA, development of the proposed project would result in significant impacts to waters of the U.S. and State. Such impacts could be mitigated to a level considered less than significant.

13.10 Mitigation Measure BIO-5. Waters of the United States and/or State Impacts to waters of the United States and/or State can be reduced to less-than-significant levels with incorporation of mitigation that includes avoidance, minimization of impacts, and/or mitigation compensation.

The applicant shall compensate for the loss of wetlands via the purchase of wetland credits from a Corps- and RWQCB-approved wetland mitigation bank. The applicant shall mitigate for project-related impacts to 0.06-acre of waters of U.S./State via the purchase of 0.10-acre of wetland credit, or as otherwise necessary to mathematically round upwards in acreage to the smallest wetland credit available that compensates at no less than a 1:1 impacts to mitigation ratio. This is the minimum mitigation acreage. As proposed currently, the applicant will purchase credits from the Hazel Mitigation Bank. A different mitigation bank may be used as approved by the Corps (and RWQCB). Wetland credits will be purchased at the Corps’ required mitigation ratio in compliance with the terms and conditions of the “permit” authorized for the project.

Proof of the purchase of wetland mitigation credits shall be provided to the City of Cotati, the Corps, and the RWQCB in advance of grading activities on the project site. This credit acreage may be modified by the Corps and/or RWQCB and will appear as a condition of issued permits from these agencies. Should the mitigation requirements differ in the conditions of issued Corps and RWQCB permits, these conditions must be implemented by the project.

When implemented, these mitigation measures would reduce project impacts to waters of the U.S./State to a level considered less than significant pursuant to CEQA. 54 592 of 1220

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13.11 Impact BIO-6. Development of the Proposed Project Would Have a Significant Impact on Protected Trees
In accordance with Appendix G (Environmental Checklist Form) of the CEQA Guidelines, implementing the project would have a significant biological impact if it would: conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance.

Trees present on the project site are comprised of a mix of non-native, native and protected trees, such as valley oak, Garry oak, and several non-native (ornamental) tree species. Pursuant to the City of Cotati Tree Ordinance, mitigation is required for impacts to protected trees. As such, pursuant to the CEQA, development of the proposed project could result in significant impacts to protected trees. Such impacts could be mitigated to a level considered less than significant.

13.12 Mitigation BIO-6. Protected Trees
The project will impact both native and non-native trees subject to the City of Cotati’s Tree Protection Ordinance. Tree replacement mitigation measures are derived from the City of Cotati’s Tree Impact and Mitigation Policy Derived from City of Cotati Tree Mitigation and Protection Ordinance, Article 5, Chapter 17.54 of the City of Cotati Municipal Code Title 17 Land Use Code. Tree mitigation replacement numbers derived from Section 17.54.050 (Tree Required Replacement Trees. Planting and Replacement) Table 5-2. An arborist report has been prepared by Mr. John Meserve that details tree impacts from the proposed project. The applicant shall submit the arborist report with a tree permit application as part of the application for the development project. The applicant shall mitigate impacts to trees as suggested in Table A below, or as otherwise required/modified by the City of Cotati. 55 593 of 1220

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Table A. Impacted Trees 1 and Mitigation Schedule per City of Cotati Tree Ordinance 2 Species Circumference3 Oak Tree
Mitigation
Other Tree
Species
Mitigation
Replacement
Numbers 4
Tree
Replacement
Replacement Size (Gallons)
Numbers
Quercus
lobata
Populus
fremontii
Quercus
lobata
Quercus
lobata
Quercus
lobata
Quercus
lobata
Quercus
lobata
Sequoia
sempervirens
Washingtonia 53
109
60 20 15
15 15
15 15
15 15
15 15
4 85 20
25 5
69 10
36 5
28 5
239 6
4 robusta
1 Trees being removed within development footprint
2 Tree Impact and Mitigation Policy Derived from City of Cotati Tree Mitigation and Protection Ordinance, Article 5, Chapter 17.54 of the City of Cotati Municipal Code Title 17 Land Use Code. Tree mitigation replacement numbers derived from Section 17.54.050 (Tree Required Replacement Trees. Planting and Replacement) Table 5-2. 3 Multiple trunks diameter at "Breast Height" have been summed to then calculate circumference. 4 Replacement tree species to be determined by the City of Cotati. 5 The review of authority may allow up to fifty percent of the required replacement trees to be a five-gallon container size, where it determines that long-term tree health and survival will be improved by starting with a smaller container size.

Planting replacement tree species as required by the Tree Ordinance with City of Cotati discretion that ensures tree replacement numbers and species are commensurate with suitability of the project site would mitigate impacts to impacted trees to a level regarded as less than significant pursuant to the CEQA.
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14. LITERATURE CITED
Baldwin D.H, Goldman D.H., Keil D.J., Patterson R, Rosatti T.J., Wilken D.H. (ed.). 2012. The Jepson Manual Vascular Plants of California: Second Edition. University of California Press, Berkeley. 1568 pps.

Beier, P. and Loe, S. (1992). A checklist for evaluating impacts to wildlife movement corridors.

Wildlife Society Bulletin. 20: 434-440 pps.

CDFG (California Department of Fish and Game). 2000. Guidelines for assessing the effects of proposed developments on rare and endangered plants and plant communities. December 9, 1983, revised May 8, 2000.

CDFW (California Department of Fish and Wildlife). 2016. Complete List of Amphibian, Reptile, Bird and Mammal Species in California. Published September 2008; February 2011 (updated), July 2014 (updated), May 2016 (updated).

CNDDB (California Natural Diversity Data Base). 2022. RareFind 5. Computer printout for special-status species within a 5-mile radius of the project site. California Natural Heritage Division, California Department of Fish and Wildlife, Sacramento, CA.

Corps (U.S. Army Corps of Engineers). 1987. Corps of Engineers Wetlands Delineation Manual.

Technical Report, Y-87-1. US Army Engineer Waterways Experiment Station.

Vicksburg, Mississippi. 100 pp.

Corps (U.S. Army Corps of Engineers). 2008. Regional supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region (Version 2). Ed. J.S. Wakeley, R.W.

Lichvar, and C.V. Noble. ERDC/EL TR-06-16. Vicksburg, MS: U.S. Army Engineer Research and Development Center. September 2008.

Corps (U.S. Army Corps of Engineers) and the U.S. Environmental Protection Agency. 2015.

Clean Water Rule: Definition of ‘‘Waters of the United States’’; Final Rule. Federal Register / Vol. 80, No. 124/ June 29, 2015.

CNPS (California Native Plant Society). 2001. Inventory of rare and endangered plants of California (sixth edition). Rare plant scientific advisory committee, David P. Tibor, convening editor. California Native Plant Society. Sacramento, CA. x+338 pps.

Meserve, John C. 2017. Tree Preservation and Mitigation Report (Updated). Horticultural Associates.

USFWS (U.S. Fish & Wildlife Service). 1998. Programmatic formal consultation for U.S. Army Corps of Engineers 404 permitted projects that may affect four endangered plant species on the Santa Rosa Plain, California (Corps File No. 22342N). July 17, 1998. 28 pps. plus attachments.
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USFWS (U.S. Fish & Wildlife Service). 2000. Guidelines for Conducting and Reporting Botanical Inventories for Federally Listed Proposed and Candidate Plants. January 2000.

USFWS (U.S. Fish & Wildlife Service). 2003b. Sonoma County population of California tiger salamander listed as an endangered species. Federal Register: March 19, 2003 (Volume 68, Number 53), Rules and Regulations, Page 13497-13520. From the Federal Register online via GPO Access [wais.access.gpo.gov].

USFWS (U.S. Fish & Wildlife Service). 2005a. Guidelines for conducting and reporting botanical inventories for federally-listed plants on the Santa Rosa Plain (modified from the September 23, 1996 USFWS guidelines for conducting and reporting botanical inventories for federally-listed, proposed and candidate plants.) INTERNET (http://www.fws.gov/sacramento/es/santa_rosa_conservation.html) Appendix D.

USFWS (U.S. Fish & Wildlife Service) et. al. 2005b. Final Santa Rosa Plain Conservation Strategy. Sacramento Office of the U.S. Fish and Wildlife Service, California Department of Fish and Game, U.S. Army Corps of Engineers, U.S. Environmental Protection Agency, North Coast Regional Water Quality Control Board, County of Sonoma, Cities of Cotati, Rohnert Park, and Santa Rosa, Laguna de Santa Rosa Foundation. December 1, 2005.

USFWS (U.S. Fish and Wildlife Service). 2011. Endangered and Threatened Wildlife and Plants:

Revised Designation of Critical Habitat for the Sonoma County Distinct Population Segment of California Tiger Salamander; Final Rule. Federal Register 50 CFR Part 17 August 31, 2011 (Volume 76, Number 169) Page 54346.

USFWS (U.S. Fish & Wildlife Service). 2007. Programmatic Biological Opinion (Programmatic) for U.S. Army Corps of Engineers (Corps) Permitted Projects that Affect the California Tiger Salamander and Three Endangered Plant Species on the Santa Rosa Plain, California (Corps File No. 223420N). November 9, 2007. 41 pp. w/ Enclosures.

USFWS (U.S. Fish and Wildlife Service). 2016. Recovery Plan for the Santa Rosa Plain:

Blennosperma bakeri (Sonoma sunshine); Lasthenia burkei (Burke’s goldfields); Limnanthes vinculans (Sebastopol meadowfoam); California Tiger Salamander Sonoma County Distinct Population Segment (Ambystoma californiense). U.S. Fish and Wildlife Service, Pacific Southwest Region, Sacramento, California. vi + 128 pp. June 20, 2016.

Federal Register. Pages: 39945-39946.

USFWS (U.S. Fish and Wildlife Service). 2019. Formal Consultation on the Proposed Sterling Senior Community Project, Santa Rosa, Sonoma County, California (Corps File Number:
2007-00822N). December 10, 2019.

USFWS (U.S. Fish and Wildlife Service). 2020. Programmatic Biological Opinion (Programmatic) for U.S. Army Corps of Engineers (Corps) Permitted Projects that Affect the California Tiger Salamander and Three Endangered Plant Species on the Santa Rosa 58 596 of 1220

MONK & ASSOCIATES
Biological Resources Analysis
Reds Residential
City of Cotati, Sonoma County, California
Plain, California (Corps file 81420-2008-F-0261-R002). Reinitiation of Formal Consultation on Issuance of Clean Water Act, Section 404 Permits by the U.S. Army Corps of Engineers (Corps) on the Santa Rosa Plain, Sonoma County, California. Pp 60, June 11 2020.
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Figure 6. Santa Rosa Plain Portion of Recovery Planning Area Project Site
2 603 of 1220
604 of 1220
monk & associates
Table 1
Plant Species Observed on the Project Site.

Gymnosperms
Cupressaceae
Juniperus sp. Juniper
Sequoia sempervirens Redwood
Pinaceae
*Cedrus deodara Deodar cedar
*Pinus halepensis Aleppo pine
Angiosperms - Dicots
Amaranthaceae
*Amaranthus albus
Apiaceae
Tumble pigweed
*Ammi majus Greater ammi
*Conium maculatum
*Daucus carota
Poison hemlock
Queen Anne's lace
*Foeniculum vulgare Sweet fennel
*Scandix pecten-veneris Venus' needle
Apocynaceae
*Vinca major Periwinkle
English ivy
Mayweed
Araliaceae
*Hedera helix
Asteraceae
*Anthemis cotula
Baccharis pilularis subsp. consanguinea
*Calendula arvensis
Coyote brush
Field-marigold
*Carduus pycnocephalus subsp. pycnocephalus Italian thistle Centromadia pungens subsp. pungens
*Cichorium intybus
Common spikeweed
Chicory
*Cirsium vulgare Bull thistle
Erigeron canadensis Horseweed
*Helminthotheca echioides
*Hypochaeris radicata
*Lactuca saligna
Bristly ox-tongue
Rough cat's-ear
Willow lettuce
*Lactuca serriola Prickly lettuce
*Leontodon saxatilis Long-beaked hawkbit
Long-beaked hawkbit
Coast tarweed
*Leontodon saxatilis subsp. saxatilis
Madia sativa
*Matricaria chamomilla
*Matricaria discoidea
German chamomile
Pineapple-weed
Everlasting cudweed
Common groundsel
Milk thistle
*Pseudognaphalium luteoalbum
*Senecio vulgaris
*Silybum marianum
*Sonchus asper subsp. asper Prickly sow-thistle
* Indicates a non-native species Page 1 of 5
605 of 1220
monk & associates
Table 1
Plant Species Observed on the Project Site.
*Sonchus oleraceus Common sow-thistle
Common salsify
Cocklebur
*Tragopogon porrifolius
Xanthium strumarium
Brassicaceae
*Brassica nigra Black mustard
*Capsella bursa-pastoris
Cardamine oligosperma
*Hirschfeldia incana
*Lepidium didymum
*Raphanus raphanistrum
*Raphanus sativus
Shepherd's purse
Few-seed bittercress
Short-podded mustard
Wart cress
Jointed charlock
Wild radish
*Sisymbrium altissimum Tumble mustard
Cactaceae
*Opuntia sp. Prickly pear
Caryophyllaceae
*Cerastium fontanum subsp. vulgare
*Cerastium glomeratum
*Spergularia rubra
Common mouse-ear chickweed
Mouse-ear chickweed
Ruby sand-spurrey
*Stellaria media Common chickweed
Chenopodiaceae
*Atriplex prostrata Hastate orache
*Chenopodium album White pigweed
Convolvulaceae
*Convolvulus arvensis
Euphorbiaceae
Bindweed
Croton setiger Turkey mullein
*Euphorbia pepulus Petty spurge
Fabaceae
*Acacia melanoxylon
Acmispon americanus var. americanus
*Lathyrus hirsutus
Blackwood acacia
Spanish-clover
Caley pea
*Lotus corniculatus
Lupinus bicolor
Birdfoot trefoil
Bicolored lupine
Lupinus nanus Sky lupine
Lupinus succulentus
*Medicago polymorpha
*Robinia pseudoacacia
*Trifolium cernuum
Trifolium ciliolatum
*Trifolium dubium
Arroyo lupine
California burclover
Black locust
Nodding clover
Foothill clover
Little hop clover
*Trifolium hirtum Rose clover
*Trifolium incarnatum
*Trifolium subterraneum
*Vicia benghalensis
*Vicia sativa
Crimson clover
Subterranean clover
Purple vetch
Common vetch
* Indicates a non-native species Page 2 of 5
606 of 1220
monk & associates
Table 1
Plant Species Observed on the Project Site.
*Vicia sativa subsp. nigra
*Vicia sativa subsp. sativa
Narrow-leaved vetch
Spring vetch
Fagaceae
Quercus garryana var. garryana
Quercus kelloggii
Garry oak
California black oak
Quercus lobata Valley oak
Geraniaceae
*Erodium botrys Broad-leaf filaree
Red-stem filaree
White-stem filaree
Cut-leaf geranium
*Erodium cicutarium
*Erodium moschatum
*Geranium dissectum
Juglandaceae
Juglans hindsii Northern California black walnut
Lamiaceae
*Lamium amplexicaule
*Lamium purpureum
*Mentha pulegium
Deadnettle
Purple deadnettle
Pennyroyal
Lythraceae
*Lythrum hyssopifolia
Malvaceae
Hyssop loosestrife
*Malva nicaeensis
*Malva parviflora
Bull mallow
Cheeseweed
Montiaceae
Claytonia perfoliata
Myrsinaceae
*Lysimachia arvensis
Onagraceae
Miner's lettuce
Scarlet pimpernel
Epilobium brachycarpum
Epilobium ciliatum
Summer cottonweed
Hairy willow-herb
Epilobium ciliatum subsp. ciliatum Hairy willow-herb
Orobanchaceae
*Parentucellia viscosa
Oxalidaceae
Yellow glandweed
Hairy wood-sorrel
California poppy
Oxalis pilosa
Papaveraceae
Eschscholzia californica
Plantaginaceae
*Kickxia spuria Round-leaved toadflax
*Plantago lanceolata English plantain
Veronica peregrina subsp. xalapensis Purslane speedwell * Indicates a non-native species Page 3 of 5
607 of 1220
monk & associates
Table 1
Plant Species Observed on the Project Site.

Polygonaceae
*Polygonum aviculare
*Rumex acetosella
Rumex californicus
*Rumex crispus
Common knotweed
Sheep sorrel
California willow dock
Curly dock
*Rumex pulcher Fiddle dock
Ranunculaceae
*Ranunculus muricatus
Rosaceae
Spiny-fruit buttercup
*Rosa sp. Wild rose
*Rubus armeniacus Himalayan blackberry
Rubiaceae
Galium aparine
*Galium murale
Goose grass
Tiny bedstraw
Salicaceae
Populus sp. Cottonwood
Camellia
Theaceae
*Camellia japonica
Angiosperms -Monocots
Amaryllidaceae
*Agapanthus orientalis
Araceae
Lilly-of-the-Nile
*Arum italicum Italian arum
*Zantedeschia aethiopica Calla-lily
Arecaceae
Washingtonia filifera
Cyperaceae
California fan palm
Carex echinata subsp. echinata
Cyperus eragrostis
Prickly little sedge
Tall flatsedge
Iridaceae
Sisyrinchium bellum Western blue-eyed grass
Juncaceae
Juncus bufonius Toad rush
Juncus patens Spreading rush
Brown-headed rush
Panicled rush
Juncus phaeocephalus
Juncus phaeocephalus var. paniculatus
Juncus phaeocephalus var. phaeocephalus Brownheaded rush Poaceae
*Alopecurus pratensis
*Arrhenatherum elatius
*Arundo donax
Meadow foxtail
Tall oatgrass
Giant reed
* Indicates a non-native species Page 4 of 5
608 of 1220
monk & associates
Table 1
Plant Species Observed on the Project Site.
*Avena barbata
*Avena fatua
*Briza minor
Slender wild oat
Wild oat
Small quaking grass
Bromus carinatus var. carinatus
*Bromus catharticus var. elatus
*Bromus diandrus
California brome
Chilean brome
Ripgut grass
*Bromus hordeaceus Soft chess
*Bromus madritensis subsp. madritensis
*Cortaderia selloana
Foxtail chess
Pampas grass
*Cynodon dactylon Bermudagrass
*Dactylis glomerata Orchard grass
*Ehrharta erecta Panic veldt grass
Elymus glaucus Blue wildrye
Elymus triticoides Creeping wildrye
*Festuca arundinacea Tall fescue
*Festuca bromoides Brome fescue
*Festuca myuros Rattail sixweeks grass
perennial ryegrass
Common velvet grass
Meadow barley
Mediterranean barley
Hare barley
*Festuca perennis
*Holcus lanatus
Hordeum brachyantherum
*Hordeum marinum subsp. gussoneanum
*Hordeum murinum subsp. leporinum
*Pennisetum villosum Feathertop
*Phalaris aquatica Harding grass
Pleuropogon californicus var. californicus
*Poa annua
Annual semaphore grass
Annual bluegrass
*Polypogon monspeliensis Annual beard grass
* Indicates a non-native species Page 5 of 5
609 of 1220
Monk & AssociAtes
Table 2
Wildlife Species Observed on the Project Site.

Birds
Eurasian collared-dove
Mourning dove
Black phoebe
Ash-throated flycatcher
Bushtit
Western bluebird
Northern mockingbird
European starling
California towhee
Brewer's blackbird
Brown-headed cowbird
House finch
Streptopelia decaocto
Zenaida macroura
Sayornis nigricans
Myiarchus cinerascens
Psaltriparus minimus
Sialia mexicana
Mimus polyglottos
Sturnus vulgaris
Melozone crissalis
Euphagus cyanocephalus
Molothrus ater
Haemorhous mexicanus
Spinus psaltria
Passer domesticus
Lesser goldfinch
House sparrow

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monk & AssociAtes Table 3
Special-Status Plant Species Known to Occur within 3 Miles of the Red’s Residential Project Family
Taxon
Common Name Status* Flowering Period
February-April
Habitat Area Locations Probability on Project Site
Asteraceae
Blennosperma bakeri Valley and foothill grassland Record for this species located 2.0 None. Seasonal wetland habitat (mesic); vernal pools.

Fed: FE
CE
mile northwest from the project
site (Occurrence No. 20).
onsite but not detected during
appropriately timed surveys
conducted in 2015, 2017 and
2019.

Sonoma sunshine State:

CNPS: Rank 1B.1
Hemizonia congesta congesta Valley and foothill
grassland. 20 to 560 meters. mile northeast from the project Clay soils site (Occurrence No. 12).

Record for this species located 1.2 None. Marginal habitat present. Fed: - -
April-November
April-June
Not detected during appropriately
timed surveys conducted in 2015,
2016 and 2017.

White seaside tarplant State:

CNPS: Rank 1B.2
Lasthenia burkei Meadows and seeps (mesic); Record for this species located 2.0 None. Seasonal wetland habitat vernal pools.

Fed: FE
mile northwest from the project
site (Occurrence No. 29).
onsite but not detected during
appropriately timed surveys
conducted in 2015, 2017 and
2019.

Burke's goldfields State: CE
CNPS: Rank 1B.1
Microseris paludosa Closed-cone coniferous
forest; cismontane
woodland; coastal scrub;
valley and foothill grassland.
5-300 m.

Record for this species located 1.8 None. No suitable habitat Fed: - -
April-July
mile south from the project site
(Occurrence No. 18).
present. Not detected during
appropriately timed surveys
conducted in 2015, 2016, 2017
and 2019.

Marsh microseris State:

CNPS: Rank 1B.2
Fabaceae
Trifolium amoenum
Showy Indian clover
Valley and foothill
grassland (sometimes
serpentinite)
Record for this species located 1.8 None. No suitable habitat Fed: FE -
April-June
April-June
mile south from the project site
(Occurrence No. 18).
present. Not detected during
appropriately timed surveys
conducted in 2015, 2017 and
2019.

State:

CNPS: Rank 1B.1
Trifolium hydrophilum Marshes and swamps; valley Record for this species located 1.3 None. No suitable habitat Fed: - -
and foothill grassland
(mesic, alkaline); vernal
pools. 0-300 m.
mile northeast from the project
site (Occurrence No. 49).
present. Not detected during
appropriately timed surveys
conducted in 2015, 2017 and
2019.

Saline clover State:

CNPS: Rank 1B.2

611 of 1220
monk & AssociAtes Table 3
Special-Status Plant Species Known to Occur within 3 Miles of the Red’s Residential Project Family
Taxon
Common Name Status* Flowering Period
April-May
Habitat Area Locations Probability on Project Site
Limnanthaceae
Limnanthes vinculans Meadows (mesic); vernal
pools.

Record for this species located 0.1 None. Seasonal wetland habitat mile east from the project site
(Occurrence No.352).

Fed: FE
CE
onsite but not detected during
appropriately timed surveys
conducted in 2015, 2017 and
2019.

Sebastopol meadowfoam State:

CNPS: Rank 1B.1
*Status
Federal: State: CNPS Continued:

FE - Federal Endangered
FT - Federal Threatened
CE - California Endangered
CT - California Threatened
Rank 2 - Plants rare, threatened, or endangered in California, but more common elsewhere
FPE - Federal Proposed Endangered CR - California Rare Rank 2A - Extirpated in California, common elsewhere FPT - Federal Proposed Threatened
FC - Federal Candidate
CC - California Candidate
CSC - California Species of Special Concern
Rank 2B.1 - Seriously endangered in California, but more common elsewhere Rank 2B.2 - Fairly endangered in California, but more common elsewhere Rank 2B.3 - Not very endangered in California, but more common elsewhere Rank 3 - Plants about which we need more information (Review List) CNPS: Rank 3.1 - Plants about which we need more information (Review List) Seriously endangered in California
Rank 3.2 - Plants about which we need more information (Review List) Fairly endangered in California
Rank 1A - Presumed extinct in California
Rank 1B - Plants rare, threatened, or endangered in California and elsewhere Rank 1B.1 - Seriously endangered in California (over 80% occurrences threatened/ high degree and immediacy of threat)
Rank 1B.2 - Fairly endangered in California (20-80% occurrences threatened) Rank 1B.3 - Not very endangered in California (<20% of occurrences threatened or no current threats known)
Rank 4 - Plants of limited distribution - a watch list

612 of 1220
monk & associates Table 4
Special-Status Wildlife Species Known to Occur in the Vicinity of the Project Site Species *Status Habitat Closest Locations Probability on Project Site Insects
Western bumble bee Fed: Confined to high elevation sites and north coast. Inhabits grassland with select food
plants: Melilotus, Cirsium, Trifolium,
Centaurea, Chrysothamnus, and Eriogonum.

Typically nests underground in abandoned
rodent burrows or other cavities.
1986 record for this species located 2.9 Likelihood of occurrence is low due to ongoing miles north from the project site
(Occurrence No. 167).
disturbance which includes annual disking. No
impact expected
Bombus occidentalis State: CC
Other:

Fish
Steelhead - Central California Coast DPS Fed: FT
-
From Russian River south to Soquel Creek,
and to Pajaro River. Also found in San
Francisco & San Pablo Bay Basins. Spawn in
clear, cool, well oxygenated streams greater
than 18 cm deep.
2002 record for this species located 3.0 None. No suitable habitat. No creeks/streams on miles east from the project site
(Occurrence No. 37).

Oncorhynchus mykiss irideus or near the project site. State:

Other:

Amphibians
California tiger salamander (So Co DPS) Fed: FE Found in grassland habitats of the valleys and foothills. Requires burrows for aestivation and mile north from the project site standing water until late spring (May) for
larvae to metamorphose.
2001 record for this species located 0.1 Low. CTS known to be present in 2003/2004 but removed from site. See text for further detail.
(Occurrence No. 82).

Ambystoma californiense State: CT
Other:

California red-legged frog Fed: FT Occurs in lowlands and foothills in deeper pools and streams, usually with emergent
wetland vegetation. Requires 11-20 weeks of
permanent water for larval development.
2004 record for this species located 1.7 None. No suitable habitat (e.g. creeks, streams) miles south from the project site
(Occurrence No. 779).

Rana draytonii anywhere near the project site. State: CSC Other:

Foothill yellow-legged frog ** Fed: -- Found in partially shaded, shallow streams with rocky substrates. Requires perenial pools miles east from the project site or flowing water. Needs some cobble-sized
rocks as a substrate for egg laying. Requires
water for 15 weeks for larval transformation.
2017 record for this species located 2.0 None. No suitable habitat. No creeks anywhere near the project site.
(Occurrence No. 1836).

Rana boylii State: CE
Other:

613 of 1220
monk & associates Table 4
Special-Status Wildlife Species Known to Occur in the Vicinity of the Project Site Species *Status Habitat Closest Locations Probability on Project Site Reptiles
Western pond turtle Fed: - Uncommon to common in suitable aquatic habitat throughout CA, west of the SierraCascade crest and absent from desert regions, except the Mojave River. Associated with
permanent or nearly permanent water in a
wide variety of habitat types.
1992 record for this species located 0.8 None. No suitable habitat. No ponds anywhere mile west from the project site
(Occurrence No. 402).

Emys marmorata near the project site. State: CSC
Other:

Birds
Western yellow-billed cuckoo Fed: Riparian forest nester along broad, lower flood-bottoms of larger river systems. Nests
in riparian jungles of willow, often mixed with (Occurrence No. 97). cottonwoods w/ lower story of blackberry,
nettles, or wild grape.
1923 record for this species located 1.8 None. No riparian habitat anywhere near the Coccyzus americanus occidentalis miles northwest from the project site project site. State: CE Other:

Tricolored blackbird Fed: - Colonial nester in dense cattails, tules, brambles or other dense vegetation. Requires
open water, dense vegetation, and open grassy (Occurrence No. 325). areas for foraging.
1976 record for this species located 2.2 None. No suitable habitat (e.g. creeks, ponds) Agelaius tricolor mile east from the project site anywhere near the project site. State: CT Other:

Fed:
-
-
Mammals
Pallid bat Occurs in deserts, grasslands, shrublands,
woodlands, and forests. Most common in dry
habitats with rocky areas for roosting. Roosts
in caves, crevices, mines, and occasionally
hollow trees. Night roosts in open areas such
as porches and open buildings.
1997 record for this species located 9.0 Low. Abandoned buildings on site provide mile southeast from the project site
(Occurrence No. 50).
suitable roost site. Pre-demolition surveys
warranted.

Antrozous pallidus State: CSC
Other:

American badger Fed: - Most abundant in drier open stages of most shrub, forest, and herbaceous habitats, with
friable soils. Need sufficient food, friable
soils & open, uncultivated ground. Prey on
burrowing rodents. Dig burrows.
2007 record for this species located 2.5 None. Too developed in the area. Very unlikely miles south from the project site
(Occurrence No. 407).

Taxidea taxus occurrence in the area. State: CSC
Other:

614 of 1220
monk & associates Table 4
Special-Status Wildlife Species Known to Occur in the Vicinity of the Project Site Species *Status Habitat Closest Locations Probability on Project Site *Status
Federal: State: State:

FE - Federal Endangered
FT - Federal Threatened
FPE - Federal Proposed Endangered CR - California Rare
CE - California Endangered
CT - California Threatened
WL - Watch List. Not protected pursuant to CEQA
S1 - Critically Imperiled
S2 - Imperiled
FPT - Federal Proposed Threatened
FC - Federal Candidate
CC - California Candidate
CSC - California Species of Special Concern
Global:

G2 - Imperiled
FPD - Federally Proposed for delisting FP - Fully Protected G4 - Apparently Secure ** This frog is listed as “endangered” in the Southern Sierra, central, and southern California coasts and “threatened” in the Northern Sierra and Feather River. This frog is not protected pursuant to CESA on the northern coast of California (all counties north of Marin and Solano Counties north to Oregon boarder).

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Sarah Lynch
From:

Sent:

To:

Hanni, Jason <[email protected]>
Monday, September 19, 2022 6:04 AM
Mark Jasper
Cc: Sarah Lynch
Subject: Re: [EXTERNAL] Question about BO you issued for project that is being modified (08ESMF00-2019- F-2181)
Hi Mark. It sounds like from your email that the effects of this project remain the same, while only the project description would be the part of the proposed action that would change. Based on those assumptions this would not trigger reinititiion, as it doesn't fit the reinitiation criteria as identified at the end of the biological opinion. However, if the effects to either the salamander, salamander critical habitat, or the listed plants are greater than what was analyzed in the biological opinion then reinitation would be necessary.

Best,
Jason Hanni
Fish and Wildlife Biologist
Coast Bay Division
2800 Cottage Way, Room W-2605
Sacramento, California 95825
(916) 414-6656 (phone)
(916) 414-6712 (fax)
---------------------------------------------------------------------------------- "working with others to conserve, protect and
enhance fish, wildlife, and plants and
their habitats for the continuing benefit of the American people" ---------------------------------------------------------------------------------- From: Mark Jasper <[email protected]>
Sent: Thursday, September 15, 2022 2:14 PM
To: Hanni, Jason <[email protected]>
Cc: Sarah Lynch <[email protected]>
Subject: [EXTERNAL] Question about BO you issued for project that is being modified (08ESMF00‐2019‐F‐2181) This email has been received from outside of DOI ‐ Use caution before clicking on links, opening attachments, or responding.

Dear Jason,
I am assisting the applicant with a NWP application for a newly proposed residential development project in Cotati, CA that is actually a modified version of the project you issued the attached BO for. It was formerly going to be a senior center (formerly known as the Sterling Senior Community Project; Corps File Number: 2007‐00822N) but is now being proposed as a residential development.
1 634 of 1220
We think that this BO should still be valid as the effects of the action on CTS and wetlands (the same single 0.06‐acre wetland will be filled) will be the same. The only change is the type of development (residential housing as opposed to senior housing). Do you agree?
Please let me know when you can. Thank you.

Mark Jasper
Project Biologist II
Monk & Associates
1136 Saranap Avenue Suite Q
Walnut Creek CA 94595
(925) 947‐4867 x 223
[email protected]
www.monkassociates.com
2 635 of 1220
636 of 1220

DEPARTMENT OF THE ARMY
SAN FRANCISCO DISTRICT, U.S. ARMY CORPS OF ENGINEERS
1455 MARKET STREET, 16TH FLOOR
SAN FRANCISCO, CALIFORNIA 94103-1398
MAY 21, 2018
Regulatory Division
Subject: File No. 2007-00822N
Ms. Christy Owens
c/o Monk & Associates
1136 Saranap Avenue Suite 0
Walnut Creek, California 94595
Dear Ms. Owens:

This correspondence is in reference to your submittal of May 10, 2018 on behalf of Townsend Capital Partners, LLC requesting a preliminary jurisdictional determination of the extent of navigable waters of the United States (U.S.) and waters of the U.S. occurring on a parcel located on Gravenstein Highway / Highway 116 west of the intersection with Alder avenue in Cotati, Sonoma County, California. Coordinates for the location are 38.332737°N, -122.72277°W; APNs 999-999- ROW, 144-040-008,144-040-021, 144-040-006, 144-050-009 and 144-110-ROW.

All proposed discharges of dredged or fill material occurring below the plane of ordinary high water in non-tidal waters of the U.S.; or below the high tide line in tidal waters of the U.S.; or within the lateral extent of wetlands adjacent to these waters, typically require Department of the Army authorization and the issuance of a permit under Section 404 of the Clean Water Act of 1972, as amended (33 U.S.C. § 1344 et seq.). Waters of the U.S. generally include the territorial seas; all traditional navigable waters which are currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce, including waters subject to the ebb and flow of the tide; wetlands adjacent to traditional navigable waters; non-navigable tributaries of traditional navigable waters that are relatively permanent, where the tributaries typically flow year-round or have continuous flow at least seasonally; and wetlands directly abutting such tributaries. Where a case-specific analysis determines the existence of a "significant nexus" effect with a traditional navigable water, waters of the U.S. may also include non-navigable tributaries that are not relatively permanent; wetlands adjacent to non-navigable tributaries that are not relatively permanent; wetlands adjacent to but not directly abutting a relatively permanent non-navigable tributary; and certain ephemeral streams in the arid West.

The enclosed delineation map titled “Highway 116 west Alder Avenue” certified May 21, 2018, depicts the extent and location of wetlands within the boundary area of the site that may be subject to U.S. Army Corps of Engineers' regulatory authority under Section 404 of the Clean Water Act. This preliminary jurisdictional determination is based on the current conditions of the site, as verified during a field investigation of September 8, 2017, a review of available digital photographic imagery, and a review of other data included in your submittal. While this preliminary jurisdictional determination was conducted pursuant to Regulatory Guidance Letter 637 of 1220
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No. 16-01, Jurisdictional Determinations, it may be subject to future revision if new information or a change in field conditions becomes subsequently apparent. The basis for this preliminary jurisdictional determination is fully explained in the enclosed Preliminary Jurisdictional Determination Form You are requested to sign and date this form and return it to this office within two weeks of receipt.

You are advised that the preliminary jurisdictional determination may not be appealed through the U.S. Army Corps of Engineers' Administrative Appeal Process, as described in 33 C.F.R. § 331 (65 Fed. Reg. 16,486; Mar. 28, 2000). Under the provisions of 33 C.F.R § 331.5(b)(9), non-appealable actions include preliminary jurisdictional determinations since they are considered to be only advisory in nature and make no definitive conclusions on the jurisdictional status of the water bodies in question. However, you may request this office to provide an approved jurisdictional determination that precisely identifies the scope of jurisdictional waters on the site; an approved jurisdictional determination may be appealed through the Administrative Appeal Process. If you anticipate requesting an approved jurisdictional determination at some future date, you are advised not to engage in any on-site grading or other construction activity in the interim to avoid potential violations and penalties under Section 404 of the Clean Water Act. Finally, you may provide this office new information for further consideration and request a reevaluation of this preliminary jurisdictional determination.

You may refer any questions on this matter to Roberta A Morganstern of the Regulatory staff by telephone at 415-503-6782 or by e-mail at [email protected]. All correspondence should be addressed to the Regulatory Division North Branch referencing the file number at the head of this letter.

The San Francisco District is committed to improving service to our customers. The Regulatory staff seeks to achieve the goals of the Regulatory Program in an efficient and cooperative manner, while preserving and protecting our nation's aquatic resources. If you 638 of 1220
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would like to provide comments on our Regulatory Program, please complete the Customer Service Survey Form available on our website: http://www.spn.usace.army.mil/regulatory/.

Sincerely,
Roberta Morganstern, M.A.

Regulatory Project Manager
Enclosure
Copy Furnished (electronically):

[email protected]
[email protected]
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CESPN-R Rdg File
CESPN-R-N (Morganstern)

MORGANSTERN

CESPN-R-N
415-503-6782
18 MAY 2018

MALAMUD-ROAM
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Property SolutionsINC.

Environmental & Engineering Consulting
323 New Albany Road • Moorestown, New Jersey 08057 • 856-813-3000 • Fax 856-813-1068

PHASE I ENVIRONMENTAL ASSESSMENT
of
South Sonoma
APN 144-050-009 & 046-286-021
Cotati, Sonoma County, California 94931
BOA Project Number – 11-007834-ENV02-001
Prepared for:

Bank of America, NA
1075 Main Street
Mail Code: MA6-535-03-04
Waltham, Massachusetts 02451
Prepared by:

Property Solutions Incorporated
323 New Albany Road
Moorestown, New Jersey 08057
August 3, 2011
Property Solutions Project No.20113209
SERVING YOUR NEEDS NATIONWIDE FROM OUR OFFICES IN:

PHILA • NY • CHICAGO • LA • DALLAS • PORTLAND • ATLANTA • BALTIMORE679 of 1220 Property SolutionsINC.

Environmental & Engineering Consulting
323 New Albany Road • Moorestown, New Jersey 08057 • 856-813-3000 • Fax 856-813-1068

PHASE I ENVIRONMENTAL ASSESSMENT
of
South Sonoma
APN 144-050-009 & 046-286-021
Cotati, Sonoma County, California 94931
BOA Project Number – 11-007834-ENV02-001
Prepared for:

Bank of America, NA
1075 Main Street
Mail Code: MA6-535-03-04
Waltham, Massachusetts 02451
Prepared by:

Property Solutions Incorporated
323 New Albany Road
Moorestown, New Jersey 08057
Dated: August 3, 2011
Property Solutions Project No.20113209
Kevin Nawotka Amy Wright
Environmental Consultant Senior Environmental Scientist Tim Clackett
Regional Manager
SERVING YOUR NEEDS NATIONWIDE FROM OUR OFFICES IN:

PHILA • NY • CHICAGO • LA • DALLAS • PORTLAND • ATLANTA • BALTIMORE680 of 1220 We declare that, to the best of our professional knowledge and belief, we meet the definition of Environmental Professional as defined in §312.10 of 40 CFR 312 and we have the specific qualifications based on education, training, and experience to assess a property of the nature, history, and setting of the subject property. We have developed and performed the all appropriate inquiries in conformance with the standards and practices set forth in 40 CFR Part 312.

Kevin Nawotka Amy Wright
Environmental Consultant Senior Environmental Scientist 20113209
Property SolutionsINC. 323 New Albany Road • Moorestown, New Jersey 08057 • 856-813-3000 • Fax 856-813-1068 681 of 1220

TABLE OF CONTENTS

SECTION PAGE

PROJECT SUMMARY

1.0 INTRODUCTION .....................................................................................................................1

1.1 PURPOSE ...............................................................................................................................1

1.2 SCOPE OF WORK ...................................................................................................................1

1.3 SIGNIFICANT ASSUMPTIONS..................................................................................................1

1.4 SPECIAL TERMS AND CONDITIONS ........................................................................................1

1.5 RELIANCE .............................................................................................................................2

2.0 GENERAL PROPERTY CHARACTERISTICS......................................................................2

2.1 PROPERTY LOCATION ...........................................................................................................2

2.2 ADJACENT PROPERTIES.........................................................................................................2

2.3 PROPERTY DESCRIPTION.......................................................................................................3

2.4 PROPERTY OPERATIONS........................................................................................................4

2.5 UTILITIES..............................................................................................................................4

3.0 4.0
ENVIRONMENTAL SETTING ...............................................................................................5

3.1 REGIONAL PHYSIOGRAPHIC CONDITIONS .............................................................................5

3.2 SOIL CONDITIONS .................................................................................................................5

3.3 GEOLOGIC CONDITIONS ........................................................................................................5

3.4 GROUNDWATER CONDITIONS ...............................................................................................5 RESULTS OF INVESTIGATION ............................................................................................6

4.1 PROPERTY VISIT OBSERVATIONS..........................................................................................6

4.1.1 ASTM SCOPE CONSIDERATIONS ..........................................................................................6

4.1.2 ASTM NON-SCOPE CONSIDERATIONS..................................................................................7

4.2 ADJACENT PROPERTY AND VICINITY OBSERVATION ............................................................8

4.3 RESULTS OF REGULATORY AGENCY LIST REVIEW AND FILE RESEARCH..............................8

4.3.1 USEPA ENVIROFACTS..........................................................................................................8

4.3.2 ENVIRONMENTAL DATABASE INFORMATION ........................................................................8

4.3.3 LOCAL LISTS.......................................................................................................................12

4.3.4 DATABASE PROPRIETARY LISTS .........................................................................................12

4.4 RESULTS OF PROPERTY HISTORY AND LAND USE REVIEW .................................................12

4.4.1 USER PROVIDED INFORMATION AND RESPONSIBILITIES .....................................................12

4.4.2 HISTORICAL PROPERTY INFORMATION ...............................................................................17

4.4.3 INTERVIEWS........................................................................................................................25

4.4.4 PROPERTY SPECIFIC RECORDS ............................................................................................26

4.5 SYNOPSIS OF PREVIOUS ENVIRONMENTAL INVESTIGATIONS AND PLANS............................30

4.6 ASBESTOS-CONTAINING MATERIALS..................................................................................31

4.7 MOLD/WATER INTRUSION ..................................................................................................31 20113209
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5.0 6.0

7.0 CONCLUSIONS......................................................................................................................31 LIMITATIONS........................................................................................................................32 REFERENCES ........................................................................................................................32

7.1 INFORMATION SOURCES......................................................................................................32

7.2 DEFINITIONS .......................................................................................................................32

7.3 ACRONYMS .........................................................................................................................42

7.4 PURPOSE .............................................................................................................................43

7.5 SIGNIFICANT ASSUMPTIONS................................................................................................44

7.6 SPECIAL TERMS AND CONDITIONS ......................................................................................44

ATTACHMENT I

APPENDICES

APPENDIX A

PROFESSIONAL QUALIFICATIONS

FIGURES
• USGS TOPO MAP
• TAX MAP
• WETLAND MAP

APPENDIX B PROPERTY DIAGRAM

APPENDIX C

APPENDIX D

APPENDIX E

APPENDIX F

APPENDIX G

APPENDIX H

APPENDIX I

APPENDIX J

PHOTOGRAPHS

USER CORRESPONDENCE

AERIAL PHOTOGRAPHS

HISTORIC MAPS

PREVIOUS REPORTS AND PLANS

CHAIN OF TITLE/ENVIRONMENTAL LIENS

CORRESPONDENCE

ENVIRONMENTAL DATABASE
20113209
Property SolutionsINC. 323 New Albany Road • Moorestown, New Jersey 08057 • 856-813-3000 • Fax 856-813-1068 683 of 1220

PROJECT SUMMARY
Client Name/User:

Client Contact:

Property Solutions Project No.:

Property Solutions Project Manager: Mr. Tim Clackett
Bank of America
Ms. Bernadette Quillinan
20113209
Property Visit Date:

Construction Date:

No. Bldgs./Units:

No. of Stories:

July 13, 2011
Not applicable
N/A
N/A
Phone No.:

Email:

Property Name:

Property Address:

Property Town, County, State:

Property Identification:
(856) 813-3000 ext. 209
[email protected]
South Sonoma
APN 144-050-009 & 046-286-021
Cotati, Sonoma County, California
144-050-009 & 046-286-021
Bldg. Square Footage:

Property Acreage:

Basement/Slab-on-grade:

Property Use:

Property History:

Other Improvements:

N/A

7.82 acres
N/A
Undeveloped land
Residence
None
Our review of general property information, observation of adjacent properties, research of historical property information, including a review of environmental records, and a property visit revealed the following:

No Issue
Identified
REC HREC ASTM Non-scope
considerations
Refer to Section
Property Operations
Neighboring Properties
Historical Review
Previous Reports
Regulatory Review
USTs
X
X
X
X
X
X
X
X
X

2.4 2.2

4.4 4.5

4.3 4.1.1

4.1.1 4.1.1

4.1.1 ASTs
PCBs
Chemicals/Hazardous
Materials/Raw Materials
Waste
Generation/Disposal
X
X

4.1.1 Stressed Vegetation, 4.1.1
Staining, and Odors
Surficial Disturbances
ACMs
X
X
X
X
X
X

4.1.1 4.6
Radon 4.1.2

4.1.2 4.1.2
N/A
Lead-Based Paint
Lead in Drinking Water
Other
Notes: To understand the property and report, you must read the complete report. 20113209
Property SolutionsINC. 323 New Albany Road • Moorestown, New Jersey 08057 • 856-813-3000 • Fax 856-813-1068 684 of 1220
We have performed a Phase I Environmental Assessment in conformance with the scope and limitations of ASTM Practice E 1527-05 of South Sonoma located at APN 144-050-009 & 046-286-021 in Cotati, Sonoma County, California 94931. Any exceptions to, or deletions from, this practice are described in Section 1.0 of this report.

This assessment has revealed no evidence of recognized environmental conditions in connection with the subject property.
20113209
Property SolutionsINC. 323 New Albany Road • Moorestown, New Jersey 08057 • 856-813-3000 • Fax 856-813-1068 685 of 1220

1.0 INTRODUCTION
Property Solutions Incorporated (Property Solutions) conducted a Phase I Environmental Assessment of South Sonoma located at APN 144-050-009 & 046-286-021 in Cotati, Sonoma County, California 94931 (subject property) at the request of Bank of America. Bank of America is considered the User, as defined in ASTM E 1527-05 Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process. The subject property is identified as APNs 144-050-009 & 046-286-021, according to the Sonoma County Assessor’s Office.

A property location map is included in Appendix A.

This Phase I Environmental Assessment was conducted in general accordance with Bank of America, NA’s General Services Agreement Number CW108417 dated October 6, 2009. The work was authorized by the Standard Engagement Letter (SEL) dated June 27, 2011 for BOA Project Number – 11-007834-ENV02-001.

Per the ASTM practice and throughout this report, the Client will be considered the same as the User in the ASTM E 1527-05 practice.

1.1 Purpose
The purpose of a Phase I Environmental Assessment is to evaluate issues that may have an impact on the subject property and to meet the purpose of Bank of America, NA’s General Services Agreement Number CW108417 dated October 6, 2009 and the ASTM E 1527-05 practice. The purpose is further described in Section 7.4. This report is for pre-foreclosure purposes.

1.2 Scope of Work
This Phase I Environmental Assessment was conducted in accordance with Bank of America, NA’s General Services Agreement Number CW108417 dated October 6, 2009.

1.3 Significant Assumptions
The significant assumptions made by Property Solutions in this report are per Bank of America, NA’s General Services Agreement Number CW108417 dated October 6, 2009, ASTM E 1527- 05 practice, and as described further in Section 7.5.

1.4 Special Terms and Conditions
This Phase I Environmental Assessment was prepared in accordance with the stated and agreed upon Scope of Work. This Phase I Environmental Assessment was prepared in accordance with Bank of America, NA’s General Services Agreement Number CW108417 dated October 6, 2009. This report is for pre-foreclosure purposes, as such the property owner and contact was 20113209 1
Property SolutionsINC. 323 New Albany Road • Moorestown, New Jersey 08057 • 856-813-3000 • Fax 856-813-1068 686 of 1220
not openly cooperative and could not be considered a key site manager. Special terms and conditions are described in Section 7.6.

1.5 Reliance
This report may be relied upon by Bank of America, N.A, Bank of America Corporation and their affiliates, and may not be relied upon by any other person or entity without the written authorization of Property Solutions. This report has no other purpose and should not be relied upon by any other person or entity.

2.0 2.1

GENERAL PROPERTY CHARACTERISTICS
Property Location
Property Location
Property Name
Property Addresses
South Sonoma
APN 144-050-009 & 046-286-021,the properties do not have addresses assigned.

Property Town, County, State, Zip
Property Tax Identification
Cotati, Sonoma County, California 94931
APN 144-050-009 & 046-286-021 (Sonoma County Assessor’s Office)
Property Topographic Quadrangle
Nearest Intersection
Cotati, California
Alder Avenue & Gravenstein Highway
Area Description Rural, residential, commercial
An excerpt from the USGS 7.5-minute series topographic quadrangle map of Cotati California, locating the subject property, is included in Appendix A.

2.2 Adjacent Properties
Review of neighboring properties from the subject property and from public thoroughfares, and research of available information regarding the neighboring properties, were performed to identify evidence of environmental concerns that could adversely impact the subject property.

The subject property is located in a residential and commercial area of Cotati, California.

Direction Property
Residence
Address
280 Helman Lane
8001-8007 Starr Court
7921 Redwood Drive
Operations
North Private residence
Residences Residences
Lowes Home Improvement Home Improvement Materials
Sales
South Shamrock Building
Materials
8150 Gravenstein Highway Building materials (stone)
20113209 2
Property SolutionsINC. 323 New Albany Road • Moorestown, New Jersey 08057 • 856-813-3000 • Fax 856-813-1068 687 of 1220
Direction Property
Former Minatta
Transportation
Address Operations
8186 Gravenstein Highway Purchased by Shamrock Building Materials
Residence 8260 Gravenstein Highway
None Assigned
Private Residence
East Undeveloped land None
West Residence 7515 Alder Avenue Private Residence
Private Residence
Residences
Residence 7545 Alder Avenue
Residences 8001-8007 Starr Court
Former Red’s Recovery 8175 Gravenstein Highway
Room
Former Bar- unoccupied since the
late 1980s
Based on a review of neighboring properties from the subject property and from public thoroughfares, the neighboring properties do not appear to be of the type likely to pose a significant threat to the environmental condition of the subject property, with the exception of Minatta Transportation. The neighboring properties were not listed in the environmental database reviewed or Envirofacts, with the exception of Minatta Transportation, which was listed as a RCRA-SQG, SLIC, UST, AST, CA FID UST, and SWEEPS UST site and Shamrock Building Materials which was listed as an AST site.

Based upon a review of the environmental database and Property Solutions’ observations, the neighboring property is listed with documented releases but is not a concern due to the releases being granted a regulatory status of case closed in 1999 with no known impacts to the subject property. This property is further discussed in Section 4.3.2.

A property diagram including neighboring properties is included in Appendix B. Photographs including the neighboring properties are included in Appendix C.

2.3 Property Description
Property Information
Property Ownership Name South Sonoma Capital Partners LLC (Sonoma County Assessor’s Office)
Date of Acquisition
Property Acreage
Property Shape
2002

7.82 acres
Irregular
Property Use Undeveloped land and park
Number of Buildings
Number of Stories
Construction Date
Building Square Footage
Basement/Slab-on-grade
Number of Units
None
N/A
N/A
N/A
N/A
N/A
20113209 3
Property SolutionsINC. 323 New Albany Road • Moorestown, New Jersey 08057 • 856-813-3000 • Fax 856-813-1068 688 of 1220
Property Information
Ceiling Finishes N/A
Floor Finishes
Wall Finishes
N/A
N/A
HVAC (Energy Source & Type of N/A
System)
Renovation Date N/A
Renovation Description
Vehicular Access
N/A
Unpaved drive from Alder Avenue to the west
Other Improvements None
Property Coverage Undeveloped vegetated land
A property diagram of the subject property is included in Appendix B.

2.4 Property Operations
The subject property is utilized as a park and undeveloped land.

No industrial or manufacturing operations were observed at the subject property at the time of the property visit.

No environmental concerns were identified at the subject property based on the operations observed during the property visit.

2.5 Utilities
Property Solutions was informed by Mr. Charles Marvel, owner of EPACO (northerly adjoining property), that the following companies currently provide utility services to the area of the subject property:

Utility Provider
Electricity Pacific Gas & Electric
Natural Gas
Sanitary Sewerage
Potable Water
Solid Waste Removal
Fuel Oil
Pacific Gas & Electric
Not provided to subject property
Not provided to subject property
Waste Management
Not provided to subject property
Steam Not provided to subject property
20113209 4
Property SolutionsINC. 323 New Albany Road • Moorestown, New Jersey 08057 • 856-813-3000 • Fax 856-813-1068 689 of 1220

3.0 3.1

ENVIRONMENTAL SETTING
Regional Physiographic Conditions
Topographic Quadrangle Name
Property Elevation
Cotati, California
100 feet above mean sea level
Surface Gradient Gently to the north
Property Drainage Open ditch along Gravenstein Highway to the south North to Laguna De Santa Rosa , 0.32 miles away
Laguna De Santa Rosa, 0.32 miles to the north
Regional Drainage
Closest Perennial Water body
A copy of the USGS 7.5-minute series topographic quadrangle map of Cotati, California is included in Appendix A.

3.2 Soil Conditions
USDA County Soil Survey
Information Source National Cooperative Soil Survey
Date of Information Source
Soil Name
2003
Haire Fine Sandy Loam
Description: Haire soils are on nearly level to moderately steep hills at elevations of 20 to 2,400 feet. They formed in terrace deposits and in part in residuum weathered from arkosic sandstone and granodiorite., and are moderately well drained; slow to rapid runoff; very slow permeability Expected depth to bedrock Greater than five feet

3.3 Geologic Conditions
Information Source
Title of Publication
Date of Publication
Name of Unit
California Department of Conservation
Geologic Map of California
2010
Qoa
Description of Unit: Older alluvium, lake, playa, and terrace deposits

3.4 Groundwater Conditions
Information Source California Department of Water Resources California’s Groundwater-Bulletin 118
2003
Title of Publication
Date of Publication
Underlying Aquifer Santa Rosa Plain Groundwater Basin
Description: Not available-under development
20113209 5
Property SolutionsINC. 323 New Albany Road • Moorestown, New Jersey 08057 • 856-813-3000 • Fax 856-813-1068 690 of 1220
Expected Depth to Shallow Groundwater
Information Source
10 feet
Nearby monitoring wells
Expected Direction of Shallow Groundwater Flow North
Information Source Topographic map interpretation

4.0 4.1

RESULTS OF INVESTIGATION
Property Visit Observations
Property Visit Date July 13, 2010
Property Solutions Personnel and Title
Property Escort Name
Kevin Nawotka, Environmental Consultant
None
N/A
N/A
N/A
Property Escort Title
Property Escort Company
Property Escort Affiliation
Property Escort Years of Association with Subject Property: N/A No Key Site Manager (KSM) questionnaire was completed.

Person Completing KSM questionnaire Name
Person Completing KSM questionnaire Company
N/A
N/A
Person Completing KSM questionnaire Affiliation N/A
Inaccessible Areas and Reason: None
Weather Conditions: Sunny Approximate Temperature: 75 degrees F No weather conditions limiting observations were noted.

Describe Limiting Conditions Present: No escort
Property Solutions observed the exterior grounds and neighboring properties.

Property Solutions was not provided an escort during the property visit and is considered a limitation to the property visit.

Photographs taken during the property visit are included in Appendix C.

4.1.1 ASTM Scope Considerations
During the property visit the below ASTM Scope considerations were reviewed. Visual evidence of the below ASTM Scope considerations were evaluated during the property visit. In addition, the property contact or Key Site Manager was questioned about the presence of the below ASTM Scope items.
20113209 6
Property SolutionsINC. 323 New Albany Road • Moorestown, New Jersey 08057 • 856-813-3000 • Fax 856-813-1068 691 of 1220
ASTM Scope Item
USTs
Evidence
Observed
No
Property Contact
Aware of Item
Comment
No
No
Yes
None observed; Not a concern.

None observed; Not a concern.

Utility-owned pad-mounted transformers.

No evidence of leaking or staining. Not a
concern.

ASTs No
PCB electrical equipment Yes
Hydraulic equipment
Chemicals, Hazardous
Materials, and Raw
Materials Storage and
Usage
No
No
No
No
None observed; Not a concern.

None observed; Not a concern.

Waste Generation, Storage
and Disposal
Wells, Sumps, Pits, and
Floor Drains
Stormwater Runoff and
Surface Water
Lagoons, Septic Systems,
Separators
No
No
No
No
No
Yes
No
No
No
No
No
Yes
None observed; Not a concern.

None observed; Not a concern.

None observed; Not a concern.

None observed; Not a concern.

Stressed Vegetation, None observed; Not a concern.

Staining and Odors
Surficial Disturbances Topsoil stockpiled during construction of adjoining property to the north; Not a
concern.

On-property Dry Cleaners No No None observed; Not a concern.

No issues of concern were noted during the property visit.

4.1.2 ASTM Non-Scope Considerations
During the property visit and investigation the below ASTM Non-Scope considerations were reviewed. Visual evidence of the below ASTM Non-Scope considerations were evaluated during the property visit. In addition, the property contact or Key Site Manager was questioned about the presence of the below ASTM Non-Scope items.

ASTM Non-Scope Item Evidence
Observed
No
Property Contact
Aware of Item
No
Comment
Radon Radon Zone 3 (low potential)
Mean Value -0.600 pCi/L
Based on mean value, not a concern.

No structures on the subject property.

No structures on the subject property.

None observed. None indicated on the
US Dept of Interior NWI Map of Coati,
California.

Lead-Based Paint
Lead in Drinking Water
Potential Wetlands
No
No
No
No
No
No
Air Emissions No No None observed; Not a concern.

No issues of concern were noted during the property visit. 20113209 7
Property SolutionsINC. 323 New Albany Road • Moorestown, New Jersey 08057 • 856-813-3000 • Fax 856-813-1068 692 of 1220

4.2 Adjacent Property and Vicinity Observation
Review of neighboring properties from the subject property and from public thoroughfares, and research of available information regarding the neighboring properties, were performed to identify evidence of environmental concerns that could adversely impact the subject property.

The adjacent properties are further discussed in Section 2.2.

4.3 Results of Regulatory Agency List Review and File Research

4.3.1 USEPA Envirofacts
Property Solutions contacted the United States Environmental Protection Agency (USEPA) through an on-line search via the Internet to obtain information concerning the subject property.

Property Solutions performed a search of Envirofacts, a USEPA-generated website that integrates data extracted from five major USEPA program systems: Aerometric Information Retrieval System (AIRS)/AIRS Facility Subsystem (AFS), Comprehensive Environmental Response, Compensation and Liability Information System (CERCLIS), Permit Compliance System (PCS), Resource Conservation and Recovery Information System (RCRIS) and Toxic Chemical Release Inventory System (TRIS), using two integrating databases: Facility Index System (FINDS) and Envirofacts Master Chemical Integrator (EMCI).

Property Solutions generated a printout of all facilities under the programs identified above that are located within the subject property’s zip code (94931). An adjoining property was listed among the sites identified during the query search. The query was executed on June 28, 2011.

The following table summarizes the listing for the subject property and adjoining property.

Hazardous Waste Handler
Handler/Facility Listing Type Facility Name Address USEPA ID No. Classification Small Generator and
Transporter
Adjoining
Property
Minatta
Transportation
8184 Gravenstein
Highway
CAD983597246
A copy of the search results is included in Appendix I.

4.3.2 Environmental Database Information
As part of the Phase I Environmental Assessment, Property Solutions utilized Environmental Data Resources, Inc. (EDR) of Milford, Connecticut, as an information source for regulatory agency environmental database records. The environmental database was dated June 28, 2011.

Data supplied by EDR is included in Appendix J. This database also includes the required documentation of sources checked as per Section 8.1.8 of the ASTM standard. 20113209 8
Property SolutionsINC. 323 New Albany Road • Moorestown, New Jersey 08057 • 856-813-3000 • Fax 856-813-1068 693 of 1220
The following summary of the database information is divided into two columns. The first column lists sites as identified and located by EDR within the specified distance of the subject property. The second column lists orphan sites, which could not be located by EDR due to incomplete and/or inaccurate address information included in the United States Environmental Protection Agency (USEPA)/state databases, which Property Solutions identified as potentially lying within the search distance.

Although the exact locations of the orphan sites are frequently unknown, Property Solutions attempts to evaluate the potential adverse environmental impact that these sites may have on the subject property. This evaluation consists of reviewing street names in an effort to learn whether the street on which the site is located lies within the search distance of the subject property, a drive-by view of surrounding properties during the site visit, and evaluating the site type and information provided by government agencies. The orphan sites included in the following table are those Property Solutions identified as potentially located within the identified search distance. A complete list of sites is included in Appendix J.

Environmental Database Summary
Database
National Priorities List
Radius
1 Mile
1 Mile
1 Mile
Plottable Orphan
0 1
0 0
0 0
State/Tribal Hazardous Waste Sites
RCRA Corrective Action Treatment/Storage/
Disposal (TSD) Facilities (CORRACTS)
Delisted National Priorities List
CERCLIS Sites
½ Mile
½ Mile
½ Mile
0 0
0 0
0 CERCLIS No Further Remedial Action Planned 0
(NFRAP) Sites
RCRA Non-Corrective Action TSD Facilities
State/Tribal Voluntary Cleanup Sites
½ Mile
½ Mile
½ Mile
0 0
2 0
0 State/Tribal Brownfield Sites/CERCLIS Equivalent 0
(ENVIROSTOR)
State/Tribal Leaking Registered Storage Tank Sites
(including SLIC)
½ Mile 30 0
State/Tribal Solid Waste Landfill Sites/Facilities
Historic Landfills
½ Mile
½ Mile
½ Mile
1 0
0 0
0 Federal/State/Tribal Engineering Controls 0
Registries
Federal/State/Tribal Institutional Controls
Registries
½ Mile 0
0 2
0 0
0 RCRA Large Quantity Generators Subject Property and
Adjoining Properties
RCRA Small Quantity Generators Subject Property and
Adjoining Properties
20113209 9
Property SolutionsINC. 323 New Albany Road • Moorestown, New Jersey 08057 • 856-813-3000 • Fax 856-813-1068 694 of 1220
Database Radius Plottable Orphan
State/Tribal Registered Storage Tank Sites Subject Property and Adjoining Properties
2 0
Manifest Subject Property
Subject Property
Subject Property
Subject Property
0 0
0 0
0 0
0 0
Spill/Release Sites
Facility Index System(FINDS)
Emergency Response Notification System
Database Summary
A complete copy of the database report is attached as an appendix to this report. Those sites noted within the search radius with a closed status from regulators, or not listed with known, documented, or suspected release sites will not be discussed below but can be referred to in the database report. The above sites are not expected to significantly impact the subject property based on the regulatory status listed. In addition, those remaining sites which are expected to be hydraulically downgradient, at a sufficient distance from the subject property, or due to the urban setting and density of the area, will not be discussed below but can be referred to in the database report. These above sites are not expected to significantly impact the subject property based on the above factors and as per ASTM E 1527-05.

The following is a discussion of the database findings:

Subject and Adjoining Properties
The subject property was not listed in the environmental database. The adjoining properties were listed as:
• 8150 Gravenstein Highway – RCRA-SQG, SLIC, AST
• 8184 Gravenstein Highway - RCRA-SQG, UST, AST, CA FID UST, SWEEPS UST Further information regarding these listings is provided below.

State/Tribal Leaking Registered Storage Tanks

1. Site Name:

Address:

Minatta Transportation
8150 Gravenstein Highway
Cotati, California
1NSO694 (T0609793444 – Global ID)
Adjacent property
South
LRST ID No.:

Distance:

Direction:

Gradient: Upgradient
Type of Release:

Type of Product:

Media Impacted:

Not reported
Diesel
“Under investigation”
20113209 10
Property SolutionsINC. 323 New Albany Road • Moorestown, New Jersey 08057 • 856-813-3000 • Fax 856-813-1068 695 of 1220
Status:

Potential for Impact:

Completed – Case Closed (February 26, 1999)
Low, due to status
The adjacent property to the south, 8150 Gravenstein Highway, is listed in the environmental database as a closed Spills, Leaks, Investigations, and Cleanups Program (SLIC) site. Case number 1NSO694 (Global ID T0609793444) was granted closure on February 26, 1999. The case is listed as a release of diesel fuel, although the media impacted is listed as “under investigation”. As the case has received closure from the regulatory authority, with no known impacts to the subject property, no concerns were identified with regards to this closed SLIC case.

Resource Conservation and Recovery Act Small Quantity Generators

1. Site Name:

Address:

Minatta Transportation
8150 Gravenstein Highway
Cotati
Facility ID No.:

Distance:

Direction:

CAD983591884
Adjacent property
South
Gradient: Upgradient
Reported Waste Codes:

Violations:

Not listed
None

2. Site Name:

Address:

Minatta Transportation
8184 Gravenstein Highway
Cotati
Facility ID No.:

Distance:

Direction:

CAD983597246
Adjacent property
South
Gradient: Upgradient
Reported Waste Codes:

Violations:

D001 (ignitable)
None
State/Tribal Registered Storage Tanks

1. Site Name:

Address:

Facility 49-000-000350/Minatta Transportation
8184 Gravenstein Highway
Cotati
Facility ID No.:

Distance:
11274
Adjacent property
Direction: South
Gradient: Upgradient
No. of Tanks:

Contents:
1 UST (volume not given), 1 AST (10,000 gallons)
Not given
20113209 11
Property SolutionsINC. 323 New Albany Road • Moorestown, New Jersey 08057 • 856-813-3000 • Fax 856-813-1068 696 of 1220

2. Site Name:

Address:

Shamrock Materials
8184 Gravenstein Highway
Cotati
Facility ID No.:

Distance:

Direction:

A100340473
Adjacent property
South
Gradient: Upgradient
No. of Tanks:

Contents:
1 AST (2,000 gallons)
Not given

4.3.3 Local Lists
The below local types of records were researched or requested from third parties, the Key Site Manager or local regulatory agencies:
• Local Brownfield Lists
• Local Lists of Landfill/Solid Waste Disposal Sites
• Local Lists of Hazardous Waste/Contaminated Sites
• Local Lists of Registered Storage Tanks
• Local Land Records (For AULs)
• Records of Emergency Release Reports
• Records of Contaminated Public Wells
The above information is discussed in Sections 4.3.1 and 4.4.4 and was duplicative of those sections.

4.3.4 Database Proprietary Lists
The subject property and adjoining properties were not listed in the EDR proprietary information searched in the EDR database.

4.4 Results of Property History and Land Use Review

4.4.1 User Provided Information and Responsibilities
This section is to describe tasks to be performed by the User that will help identify the possibility of recognized environmental conditions, environmental liens and AULs in connection with the subject property as required by the ASTM standard. These tasks do not require the technical expertise of an environmental professional. Any and all information that may be material to identifying recognized environmental conditions must be provided by the User if available. Per the ASTM standard, the environmental professional shall note in the report whether or not the User has reported to the environmental professional information pursuant to Section 6 of the ASTM standard.

Bank of America is contemplating pre-foreclosure proceedings for the subject property. 20113209 12
Property SolutionsINC. 323 New Albany Road • Moorestown, New Jersey 08057 • 856-813-3000 • Fax 856-813-1068 697 of 1220
Since Bank of America has only recently become involved with the subject property (other than acting as a lender), their knowledge of the subject property and environmental conditions is limited to information provided by the previous mortgage broker, previous investigations provided prior to closing the loan, and by the borrower. Therefore, it is not expected that data gaps created by unanswered questions of the User (Bank of America) are significant. It is expected that Bank of America has facilitated interviews and information exchange with those knowledgeable of the property as best as possible. However, the current situation that the property is in (pre-foreclosure), likely slows property information sharing by the current owner.

There is a specific exemption, the so-called “lender liability” exemption, for a person, who without participating in the management of a facility, holds indicia of ownership primarily to protect his or her security interest in the vessel or facility (42 USC 9601(20)(A)(iii)).

In September 1996, Congress passed the Asset, Conservation, Lender Liability, and Deposit Insurance Act [Title II, Subtitle E, Sections 2502-2505 of the 1996 Omnibus Appropriations bill]. Reportedly, under the act, lenders that do not exercise decision making control over the property during the term of the loan will not risk federal liability.

User Questionnaire
The User has chosen not to complete the questionnaire citing a lack of pertinent knowledge of the environmental condition of the property in their role solely as a secured creditor. As Bank of America has no specific knowledge of the property unless otherwise noted and operations, they requested the consultant pursue this information.

A Key Site Manager Questionnaire was submitted to Ms. Cathy Ferrari (key site manager) to be completed prior to the property visit.

Contact Company Monahan Pacific
Contact Name Ms. Cathy Ferrari
Contact Title Property Manager
Phone/Fax/Email (916) 456-0600 x20
Contact Date
Request Medium
Questionnaire completed?
Completed by?
July 18, 2011
Email
No
N/A
Response Date N/A
Form of Response
Was the questionnaire completed and
returned prior to the property visit?
N/A
No
As Bank of America did not complete the User Questionnaire, per the ASTM standard, this is considered a data gap; however, the data gap is not considered significant. 20113209 13
Property SolutionsINC. 323 New Albany Road • Moorestown, New Jersey 08057 • 856-813-3000 • Fax 856-813-1068 698 of 1220
Title and Judicial Records
Per ASTM E 1527-05 Section 6.2, the User is required to provide and/or report to the environmental professional any environmental liens or activity and use limitations (AULs) so identified for the subject property. The environmental professional per the ASTM practice is not responsible to undertake a review of recorded land title records and judicial records for environmental liens or activity and use limitations.

No title records or information was provided to Property Solutions by the User.

The User did not request Property Solutions to coordinate with a title company or title professional to undertake a review of Recorded Land Title records and judicial records for environmental liens or AULs.

Therefore, no title records were searched and no information was provided for environmental liens and AULs which is the responsibility of the User. Per the ASTM standard this is considered a data gap.

Bank of America has indicated that title and judicial records are searched during the preforeclosure proceedings and title search/title insurance are performed by their attorneys.

Environmental Liens or Activity and Use Limitations
Per ASTM E 1527-05 the User is required to provide and/or report to the environmental professional any environmental liens or AULs so identified for the subject property. The environmental professional per the ASTM practice is not responsible to undertake a review of information to identify environmental liens or AULs.

The User did not provide information on environmental liens and AULs. The User is not aware of environmental liens or AULs.

Bank of America has indicated that title and judicial records are searched during the preforeclosure proceedings and title search/title insurance are performed by their attorneys.

Knowledge of the User
Per the ASTM standard, it is the User’s responsibility to communicate to the environmental professional any information that is material to recognized environmental conditions in connection with the subject property based on such specialized knowledge, actual knowledge, experience, or commonly known and reasonably ascertainable information within the local community.

Per the ASTM standard, the User must do so prior to the property visit. 20113209 14
Property SolutionsINC. 323 New Albany Road • Moorestown, New Jersey 08057 • 856-813-3000 • Fax 856-813-1068 699 of 1220
Since Bank of America has only recently become involved with the subject property (other than acting as a lender), their knowledge of the subject property and environmental conditions is limited to information provided by the previous mortgage broker, previous investigations provided prior to closing the loan, and by the borrower. As Bank of America has no specific knowledge of the property and operations, they requested the consultant pursue this information.

The property owner and key site manager had no specialized knowledge, actual knowledge, experience, or commonly known and reasonably ascertainable information within the local community concerning recognized environmental conditions at the subject property.

Valuation Reduction for Environmental Issues
Per the ASTM standard, in a transaction involving the purchase of a parcel of commercial real estate, the user shall consider the relationship of the purchase price of the property to the fair market value of the property if the property was not affected by hazardous substances or petroleum products. The User should try to identify an explanation for a significantly lower price which does not reasonably reflect fair market value if the property was not contaminated, and make a written record of such explanation. The ASTM standard does not require that a real estate appraisal be obtained in order to ascertain fair market value of the property.

This report was prepared for potential pre-foreclosure purposes and not for a purchase.

Reason for Performing the Phase I Environmental Assessment Bank of America (User) is performing the Phase I Environmental Assessment for potential preforeclosure due diligence.

Helpful Documents Provided Prior to Property Visit
Per the ASTM standard, prior to the property visit, the property owner, key site manager (if any is identified), and User (if different from the property owner) shall be asked if they know whether any of the documents below exist and if so, whether copies can and will be provided within reasonable time and cost constraints including partial information. This information is to be provided prior to or at the beginning of the property visit.

Documents User
Exist
No
Key Site Manager Property Owner
Provided
N/A
N/A
Exist
No
Provided
N/A
N/A
Exist
No
Provided
N/A
N/A
ESA reports
Environmental compliance
audit reports
No No No
Environmental permits
UST/AST registrations
Underground Injection permits
MSDSs
Community Right-to-Know
plan
No
No
No
No
No
N/A
N/A
N/A
N/A
N/A
No
No
No
No
No
N/A
N/A
N/A
N/A
N/A
No
No
No
No
No
N/A
N/A
N/A
N/A
N/A
20113209 15
Property SolutionsINC. 323 New Albany Road • Moorestown, New Jersey 08057 • 856-813-3000 • Fax 856-813-1068 700 of 1220
Documents User
Exist
No
No
No
Key Site Manager Property Owner
Provided
N/A
N/A
Exist
No
Provided Exist
No
Provided
Safety plans
SPCC plans
Emergency preparedness and
prevention plans
N/A
N/A
N/A
N/A
N/A
N/A
No No
N/A No No
Hydrogeologic reports
Government agency
correspondence and violations
Hazardous waste generator
notices or reports
No
No
N/A
N/A
No
No
N/A
N/A
No
No
N/A
N/A
No N/A No N/A No N/A
Geotechnical studies
Risk assessments
Recorded AULs
Environmental liens
Other
No
No
No
No
No
N/A
N/A
N/A
N/A
N/A
No
No
No
No
No
N/A
N/A
N/A
N/A
N/A
No
No
No
No
No
N/A
N/A
N/A
N/A
N/A
Proceedings Involving the Property
Per the ASTM standard, prior to the site visit, the User (if different from the property owner), Key site manager (if any is identified), and property owner shall be asked whether they know of (1) any pending, threatened, or past litigation relevant to hazardous substances or petroleum products in, on, or from the property; (2) any pending, threatened, or past administrative proceedings relevant to hazardous substances or petroleum products in, on or from the property; and (3) any notices from any governmental entity regarding any possible violation of environmental laws or possible liability relating to hazardous substances or petroleum products.

The User did not respond to the questions whether they have any knowledge of (1) any pending, threatened, or past litigation relevant to hazardous substances or petroleum products in, on, or from the property; (2) any pending, threatened, or past administrative proceedings relevant to hazardous substances or petroleum products in, on or from the property; and (3) any notices from any governmental entity regarding any possible violation of environmental laws or possible liability relating to hazardous substances or petroleum products.

The Key site manager, and property owner did not respond to the questions whether they have any knowledge of (1) any pending, threatened, or past litigation relevant to hazardous substances or petroleum products in, on, or from the property; (2) any pending, threatened, or past administrative proceedings relevant to hazardous substances or petroleum products in, on or from the property; and (3) any notices from any governmental entity regarding any possible violation of environmental laws or possible liability relating to hazardous substances or petroleum products.

The lack of response is considered a data gap.
20113209 16
Property SolutionsINC. 323 New Albany Road • Moorestown, New Jersey 08057 • 856-813-3000 • Fax 856-813-1068 701 of 1220
User Identified Personnel
As per ASTM E1527-05, Property Solutions requested information for current and past property personnel. The information and contacts below were identified and/or provided by the User/Client.

Name Company
User Ms. Bernadette Quillinan
Ms. Cathy Ferrari
Mr. Thomas Monahan
Ms. Cathy Ferrari
Bank of America, NA
Monahan Pacific
South Sonoma Capital Partners LLC
Monahan Pacific
Key Site Manager
Current Property Owner
Current Property Owner
Representative
Property Manager Ms. Cathy Ferrari Monahan Pacific

4.4.2 Historical Property Information
City Directories
Source: Santa Rosa Central Library, located at 211 E Street, Santa Rosa City Directory Type: Haines
Year
1972
Address
8239 Gravenstein Highway (SP)
8150 Gravenstein Highway (NP)
8175 Gravenstein Highway (NP)
8260 Gravenstein Highway (NP)
200 Helman Lane (NP)
Listing
Residence
Minatta Landscaping/Transportation
Burt’s Bar
Residence
Residence
280 Helman Lane (NP) Residence
7515 Alder Avenue (NP) Residence
7545 Alder Avenue (NP) Residence
1976 8239 Gravenstein Highway (SP)
8150 Gravenstein Highway (NP)
8175 Gravenstein Highway (NP)
8260 Gravenstein Highway (NP)
200 Helman Lane (NP)
Residence
Minatta Landscaping/Transportation
Burt’s Bar
Residence
Residence
280 Helman Lane (NP) Residence
7515 Alder Avenue (NP) Residence
7545 Alder Avenue (NP) Residence
1981 8239 Gravenstein Highway (SP)
8225 Gravenstein Highway (SP)
8150 Gravenstein Highway (NP)
8175 Gravenstein Highway (NP)
8260 Gravenstein Highway (NP)
200 Helman Lane (NP)
xxx (no reply)
Camperlodge RV Park
Minatta Landscaping/Transportation
Red’s Recovery Room
Residence
Residence
20113209 17
Property SolutionsINC. 323 New Albany Road • Moorestown, New Jersey 08057 • 856-813-3000 • Fax 856-813-1068 702 of 1220
Source: Santa Rosa Central Library, located at 211 E Street, Santa Rosa City Directory Type: Haines
280 Helman Lane (NP) Residence
7515 Alder Avenue (NP) Residence
7545 Alder Avenue (NP) Residence
1986 8239 Gravenstein Highway (SP)
8150 Gravenstein Highway (NP)
8175 Gravenstein Highway (NP)
8184 Gravenstein Highway (NP)
8260 Gravenstein Highway (NP)
200 Helman Lane (NP)
Residence
Northern California Building Equipment
Red’s Recovery Room
MinattaTransportation
Residence
Residence
280 Helman Lane (NP) Residence
7515 Alder Avenue (NP) Residence
7545 Alder Avenue (NP) Residence
1991
1996
2001
8150 Gravenstein Highway (NP)
8184 Gravenstein Highway (NP)
8260 Gravenstein Highway (NP)
200 Helman Lane (NP)
McPhail’s Materials
MinattaTransportation
Residence
xxx (no reply)
280 Helman Lane (NP) Residence
7515 Alder Avenue (NP) Residence
7545 Alder Avenue (NP) Residence
8150 Gravenstein Highway (NP)
8184 Gravenstein Highway (NP)
8260 Gravenstein Highway (NP)
200 Helman Lane (NP)
Minatta Landscape & Building
Minatta Transportation
Residence
Residence
280 Helman Lane (NP) Residence
7515 Alder Avenue (NP) Residence
7545 Alder Avenue (NP) Residence
8150 Gravenstein Highway (NP)
8184 Gravenstein Highway (NP)
8260 Gravenstein Highway (NP)
200 Helman Lane (NP)
Shamrock Building Materials
Minatta Transportation
Residence
Residence
280 Helman Lane (NP) Residence
7515 Alder Avenue (NP) Residence
7545 Alder Avenue (NP) Residence
2006 8150 Gravenstein Highway (NP)
8184 Gravenstein Highway (NP)
8260 Gravenstein Highway (NP)
200 Helman Lane (NP)
Shamrock Building Materials
Minatta Transportation
Residence
Verdin Insulation
280 Helman Lane (NP) Residence
7515 Alder Avenue (NP) Residence
20113209 18
Property SolutionsINC. 323 New Albany Road • Moorestown, New Jersey 08057 • 856-813-3000 • Fax 856-813-1068 703 of 1220
Source: Santa Rosa Central Library, located at 211 E Street, Santa Rosa City Directory Type: Haines
7545 Alder Avenue (NP) Residence
2011 8150 Gravenstein Highway (NP) Shamrock Building Materials/ Minatta Transportation
8260 Gravenstein Highway (NP)
200 Helman Lane (NP)
Residence
EPACO
280 Helman Lane (NP) Residence
7515 Alder Avenue (NP)
7545 Alder Avenue (NP)
7921 Redwood Drive (NP)
Residence
Residence
Lowes Home Improvement
NP – Neighboring property
SP – Subject property
No evidence of environmental concern on the subject property or adjoining properties was revealed during a review of the city directories.

Aerial Photographs
Year 1953
Information Source EDR
Description of Subject Property: Agricultural land with possibly three structures.

Description of Northerly Adjoining Property: Agricultural land with agricultural buildings Description of Southerly Adjoining Property: Gravenstein Highway followed by agricultural land Description of Easterly Adjoining Property: Agricultural land Description of Westerly Adjoining Property: Alder Avenue with agricultural land beyond Year 1965
Information Source EDR
Description of Subject Property: Agricultural land with a residence and three agricultural structures.

Description of Northerly Adjoining Property: Agricultural land with agricultural buildings Description of Southerly Adjoining Property: Gravenstein Highway followed by agricultural land with agricultural buildings and commercial structures
Description of Easterly Adjoining Property: Agricultural land Description of Westerly Adjoining Property: Alder Avenue with residences and a bar beyond.

Year 1974
Information Source EDR
Description of Subject Property: Agricultural land with a residence and some agricultural structures.

Description of Northerly Adjoining Property: Agricultural land with agricultural buildings Description of Southerly Adjoining Property: Gravenstein Highway followed by agricultural land with agricultural buildings and commercial structures
20113209 19
Property SolutionsINC. 323 New Albany Road • Moorestown, New Jersey 08057 • 856-813-3000 • Fax 856-813-1068 704 of 1220
Year 1974
Description of Easterly Adjoining Property: Agricultural land Description of Westerly Adjoining Property: Alder Avenue with residences and a bar beyond.

Year 1982
Information Source EDR
Description of Subject Property: Agricultural land, the structures have been demolished.

Description of Northerly Adjoining Property: Agricultural land with agricultural buildings Description of Southerly Adjoining Property: Gravenstein Highway followed by agricultural land with agricultural buildings and commercial structures
Description of Easterly Adjoining Property: Agricultural land Description of Westerly Adjoining Property: Alder Avenue with residences and a bar beyond.

Year 1993, 1998
Information Source EDR
Description of Subject Property: Undeveloped land
Description of Northerly Adjoining Property: Agricultural land with agricultural buildings Description of Southerly Adjoining Property: Gravenstein Highway followed by agricultural land with agricultural buildings and commercial structures
Description of Easterly Adjoining Property: Agricultural land Description of Westerly Adjoining Property: Alder Avenue with residences beyond.

Year 2003
Information Source TerraServer
Description of Subject Property: Undeveloped land, used as a staging area for development on the adjoining land to the north.

Description of Northerly Adjoining Property: Agricultural land with agricultural buildings and residences under construction
Description of Southerly Adjoining Property: Gravenstein Highway followed by agricultural land with agricultural buildings and a trucking company
Description of Easterly Adjoining Property: Undeveloped land Description of Westerly Adjoining Property: Alder Avenue with residences beyond.

Year 2005, 2006, 2007, 2010
Information Source EDR and TerraServer
Description of Subject Property: Undeveloped land and a park Description of Northerly Adjoining Property: Agricultural land with agricultural buildings, residences, and a Lowes Home Improvement Store.

Description of Southerly Adjoining Property: Gravenstein Highway followed by agricultural land with agricultural buildings and a trucking company
Description of Easterly Adjoining Property: Undeveloped land Description of Westerly Adjoining Property: Alder Avenue with residences beyond. 20113209 20
Property SolutionsINC. 323 New Albany Road • Moorestown, New Jersey 08057 • 856-813-3000 • Fax 856-813-1068 705 of 1220
Review of the aerial photographs revealed that the subject buildings were constructed after 1953 and prior to 1965 and demolished by 1982.

No evidence of environmental concern on or adjacent to the subject property was revealed during a review of the aerial photographs.

Copies of the aerial photographs are included in Appendix E.

Fire Insurance Maps
Fire insurance maps that include the subject property were requested from Environmental Data Resources, Inc. (EDR) of Milford, Connecticut. EDR has informed Property Solutions that no historical map coverage is available for the subject property in the EDR historical map collection.

A copy of EDR’s statement of no coverage is included in Appendix F.

Topographic Quadrangle Map
Topographic Quadrangle Map Name
Year published
Cotati, California
1954
Aerial photograph year map based on
Year photorevised
1952
1980
Aerial photograph year photorevision based on
Color of photorevisions
1979
Purple
Description of Subject Property: Depicted as white-shaded cleared land improved with three purple-shaded structures near the southwest corner of the subject property.

Description of Northerly Adjoining Property: Depicted as white-shaded cleared land with two purple-shaded small water bodies and several small black- and purple-shaded structures.

Description of Southerly Adjoining Property: Gravenstein Highway is depicted in red and white and is labeled, followed by white-shaded cleared land improved with several small black- and purple-shaded structures.

Description of Easterly Adjoining Property: Depicted as white-shaded cleared land with no structures.

Description of Westerly Adjoining Property: Alder Avenue is depicted in black but not labeled, followed by white-shaded cleared land improved with several small black- and purple-shaded structures.

No environmental concerns were identified based upon a review of the Cotati, California topographic quadrangle map.

A portion of the USGS 7.5-minute series topographic quadrangle map of Cotati, California, which includes the subject property, is included in Appendix A. 20113209 21
Property SolutionsINC. 323 New Albany Road • Moorestown, New Jersey 08057 • 856-813-3000 • Fax 856-813-1068 706 of 1220
Prior Use Interviews
Property Contact Name Ms. Cathy Ferrari
Property Manager
Monahan Pacific
Property Manager
Unknown
Property Contact Title
Property Contact Company
Association with Property
Years Associated with Subject Property
Property Solutions attempted to contact the above person, however they would not provide a response to our request.

Tax Assessor/Tax Department
Department Contact Name
Sonoma County Assessor’s Office
Terminal at assessor’s office
Years Associated with Tax Assessor and/or N/A
Subject Property
Property History: Only current information is available to the general public. No historical information is available
Other Information: No environmental concerns were identified during the visit to the Sonoma County Assessor’s Office.

Name Not given
Title Neighbor
Company N/A
Association with Subject Property
Years Associated with Area
Neighbor (8260 Gravenstein Highway)
At least 40 years
Property History: The subject property had a residence and several agricultural buildings in the southwest corner. It was occupied by the owner at the time and the remainder of the land was used for agricultural uses. The buildings were demolished approximately 30 years ago. And the property has remained undeveloped. During the construction of the residences to the north, the land was used for storage of lumber and vehicles.

No environmental concerns were identified during the interview with the neighbor.

Chain of Title Information
A chain of title search for the subject property was not provided for review. The User did not request Property Solutions to coordinate with a title company or title professional to undertake a review of Recorded Land Title records and judicial records for environmental liens or AULs. 20113209 22
Property SolutionsINC. 323 New Albany Road • Moorestown, New Jersey 08057 • 856-813-3000 • Fax 856-813-1068 707 of 1220
Bank of America has indicated that title and judicial records are searched during the preforeclosure proceedings and title search/title insurance are performed by their attorneys.

Activity and Use Limitations/Environmental Liens
Activity and Use Limitations (AULs) include both legal (institutional) and physical (engineering) controls. Agencies, organizations, and jurisdictions may define or utilize these terms differently.

The User did not request Property Solutions to coordinate with a title company or title professional to undertake a review of Recorded Land Title records and judicial records for environmental liens or AULs.

Therefore, no title records were searched and no information was provided for environmental liens and AULs which is the responsibility of the User. Per the ASTM standard this is considered a data gap.

Bank of America has indicated that title and judicial records are searched during the preforeclosure proceedings and title search/title insurance are performed by their attorneys.

Other Historical Sources
No environmentally relevant information from miscellaneous maps, newspaper archives, internet sites, community organizations, local libraries, historical societies, current owners or occupants of neighboring properties, or records in the files and/or personal knowledge of the property owner and/or occupants were provided regarding the subject property during this investigation.

Historical Use Summary
Based on a review of the historical sources, the subject property consisted of a residence and agricultural buildings from sometime between 1953 and 1965 until the late 1970s-early 1980s when the structures were demolished. The remainder of the two lots at this time was utilized as agricultural land. In 2003, the land was used as a staging area for building materials and vehicles during the construction of residences on the adjoining property to the north. By 2005, the northern lot (046-28-021) was a park for the adjoining residences.

Per ASTM E 1527-05, “8.3.2 Uses of the Property—All obvious uses of the property shall be identified from the present, back to the property’s first developed use, or back to 1940, whichever is earlier. This task requires reviewing only as many of the standard historical sources in 8.3.4.1 through 8.3.4.8 as are necessary and both reasonably ascertainable and likely to be useful (as described under Data Failure in 8.3.2.3). . . . Such confirmation may come from one or more of the standard historical sources specified in 8.3.4.1 through 8.3.4.8, or it may come from other historical sources (such as someone with personal knowledge of the property; see

8.3.4.9). However, checking other historical sources (see 8.3.4.9) is not required. For purposes of

8.3.2, the term “developed use” includes agricultural uses and placement of fill dirt. The report 20113209 23
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shall describe all identified uses, justify the earliest date identified (for example, records showed no development of the property prior to the specific date), and explain the reason for any gaps in the history of use (for example, data failure).”
Per ASTM E 1527-05, “8.3.2.3 Data Failure—the historical research is complete when either: (1) the objectives in 8.3.1 through 8.3.2.2 are achieved; or (2) data failure is encountered. Data Failure occurs when all of the standard historical sources that are reasonably ascertainable and likely to be useful have been reviewed and yet the objectives have not been met. Data failure is not uncommon in trying to identify the use of the property at five year intervals back to first use or 1940 (whichever is earlier). Notwithstanding a data failure, standard historical sources may be excluded if: (1) the source is not reasonably ascertainable, or (2) if past experience indicates that the source is not likely to be sufficiently useful, accurate, or complete in terms of satisfying the objectives. Other historical sources specified in 8.3.4.9 may be used to satisfy the objectives, but are not required to comply with this practice. If data failure is encountered, the report shall document the failure and, if any of the standard historical sources were excluded, give the reasons for their exclusion. If the data failure represents a significant data gap, the report shall comment on the impact of the data gap on the ability of the environmental professional to identify recognized environmental conditions.”
Standard Historical Source Summary
Historical Source
Aerial Photos
Fire Insurance Maps
Property Tax File
Recorded Land Title
Records
Source
Checked?
Yes
Source Earliest Date Obtained
EDR/Terra Server 1953
N/A
N/A
N/A
Yes
Yes
No
EDR
Sonoma County Assessor
N/A
USGS 7.5 Minute Topo
Maps
Local Street Directories
(city directories)
Building Department
Records
Yes
Yes
Yes
USGS 1954
1972
1976
Santa Rosa Central Library
Sonoma County Permit &
Resource Management
Department
Zoning/Land Use Records Yes Sonoma County Permit & 2011 Resource Management
Department
Other Historical Sources
Miscellaneous Maps/Plans
Newspapers
Records
Other Directories/ Phone
books
No
No
No
No
No
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A

N/A N/A
Prior Use Interviews
Previous Reports
Chain of Title
AULs and Environmental
Liens
Yes
No
No
No
Neighbor
N/A
Approximately 1970
N/A
N/A
N/A
N/A
N/A
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Based on the above information and sources searched above, per ASTM E 1527-05 historical use information is deemed sufficient to comply with ASTM E 1527-05 concerning Data Failure.

4.4.3 Interviews
The objective of interviews is to obtain information indicating Recognized Environmental Conditions in connection with the subject property as well as AULs. Property Solutions interviewed or made good faith efforts to interview the following:

Represents Interviewed Name and title Comments
Current Property Owner No Mr. Thomas
Monahan, Owner
Not applicable
Mr. Monahan referred Property Solutions to
the Property Manager.

User did not provide name or contact
information nor did they coordinate or
facilitate the interview.

Previous Property Owner No
Current Property Owner
Representative
Previous Property Owner
Representative
Yes
No
Ms. Cathy Ferrari Ms. Ferrari gave permission for Property Property Manager Solutions to tour the property unescorted.

Not applicable User did not provide name or contact
information nor did they coordinate or
facilitate the interview.

Key Site Manager Yes
No
Ms. Cathy Ferrari A Key Site Manager questionnaire was sent Property Manager by email to Ms. Ferrari, but was not
completed or returned.

Previous Key Site Manager Not applicable User did not provide name or contact information nor did they coordinate or
facilitate the interview.

Current Property Occupants
Previous Property Occupants
No
No
Not applicable
Not applicable
There are no occupants.

User did not provide name or contact
information nor did they coordinate or
facilitate the interview.

Current Property Major
Occupant
Previous Property Major
Occupant
No
No
Not applicable
Not applicable
There are no occupants.

User did not provide name or contact
information nor did they coordinate or
facilitate the interview.

Current Property Operator
Previous Property Operator
No
No
Not applicable
Not applicable
There are no occupants.

User did not provide name or contact
information nor did they coordinate or
facilitate the interview.

Neighboring Property Owner Yes Name not given The neighbor across Gravenstein Highway (8260 Gravenstein has lived there since the early 1970s. They Highway) stated that there was a residence and several
agricultural buildings in the southeast corner
of the building. The remainder of the
property was agricultural land. The
structures were demolished sometime
around 1980 and the property has been
undeveloped since then. In 2003, the
property was used as a staging area for the
construction of residences to the north.
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Represents Interviewed Name and title Comments
Neighboring Property Occupants Yes Name not given
(8260 Gravenstein
Highway)
See above

4.4.4 Property Specific Records
During the course of the assessment of the subject property, Property Solutions contacted the following local, county, and state agencies and companies via phone, letter, or in person.

Department of Health
Agency name
Contact name
Contact title
Address
Sonoma County Environmental Health Division
N/A
N/A
625 5th Street
City Santa Rosa
State California
Contact date
Request medium
Response date
Form of response
July 13, 2011
Online, (http://www.sonoma-county.org/health/eh/lop_home.htm) July 13, 2011
Map
Response: This department handles the Local Oversight Program (LOP) for leaking USTs. They refer readers to the State Water Resources Control Board (SWRCB) GeoTracker web site. No files were found for the subject property.

Fire Department
Agency name
Contact name
Contact title
Address
City
State
County of Sonoma Fire and Emergencies Department
Clerk
Clerk
2300 County Center Drive
Santa Rosa
California
Contact date
Request medium
Response date
July 13, 2011
In person
July 13, 2011
Response: No files were found for the subject property.

Planning/Zoning Department
Agency name
Contact name
Contact title
Address
Cotati Building Department
Clerk
Clerk
201 West Sierra Avenue
City Cotati
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State California
July 13, 2011
In person
July 13, 2011
Map
Contact date
Request medium
Response date
Form of response
Response: The zoning of the property is CG- Commercial, Gravenstein Corridor Building Department/Inspection Department
Agency name
Contact name
Contact title
Address
Cotati Building Department
Clerk
Clerk
201 West Sierra Avenue
City Cotati
State California
Contact date
Request medium
Response date
Form of response
July 13, 2011
In person
July 13, 2011
In person
Response: No files were found for these two parcels.

Tax Assessor/Tax Department
Agency name
Contact name
Contact title
Address
Sonoma County Assessor
Clerk
Clerk
585 Fiscal Drive, Suite 104F
City Santa Rosa
State California
Contact date
Request medium
Response date
Form of response
July 13, 2011
In person
July 13, 2011
Computer terminal
Response: Property Solutions visited the Sonoma County Assessor on July 13, 2011. The Tax Source receptionist provided Property Solutions with copies of the tax maps for the subject property and the surrounding area and copies of the tax information for the subject property.

Based on Property Solutions review of the tax map and tax information cards, the subject property is identified as APNs 046-286-021 and 144-050-009; the subject property consists of an irregularly-shaped, 7.82-acre parcel of unimproved land; the subject property was acquired by the subject property owner South Sonoma Capital Partners, LLC on April 23, 2002. Previous ownership information was not reasonable ascertainable.

Copies of the tax maps are included in Appendix A.
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Electrical Utility
Company name
Contact name
Contact title
Address
Pacific Gas & Electric
N/A
N/A
N/A
City N/A
State California
N/A
N/A
N/A
N/A
Contact date
Request medium
Response date
Form of response
Response: In previous conversations, PGE has stated that >99.98% of PCB containing transformers were replaced with non-PCB containing transformers in the 1980s.

Sewer Department/Provider
The subject property is not provided with an on-property septic system or sewer system.

Water Department/Supplier
The subject property is not provided with an on-property well or water supplier.

Others
Agency name
Contact name
Contact title
City
Office of Health Hazard Assessment
Ms. Monet Vela
FOIA Officer
Sacramento
State California
Contact date
Request medium
Response date
Form of response
April 4, 2011
Fax (916-323-2610)
No response
No response
Response: A response has not been received at the time of this report.

Agency name
Contact name
Contact title
City
California Integrated Waste Management Board/Cal Recycle Ms. Dona Sturgess
Analyst
Sacramento
State California
Contact date
Request medium
Response date
Response medium
April 4, 2011
Fax (916-341-6082)
No response
No response
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Response: A response has not been received at the time of this report.

Agency name
Contact name
Contact title
City
Department of Toxic Substances Control
Not provided
Freedom of Information Officer
Sacramento
State California
Contact date
Request medium
Response date
Response medium
April 4, 2011
Fax (510-540-3801)
No response
No response
Response: A response has not been received at the time of this report.

Agency name
Contact name
Contact title
City
Sacramento Metropolitan Air Quality Management District (AQMD) Not provided
Freedom of Information Officer
Sacramento
State California
Contact date
Request medium
Response date
Response medium
April 4, 2011
Fax (916-874-4805)
No response
No response
Response: A response has not been received at the time of this report.

State Environmental Agency
Agency name
Contact name
Contact title
City
North Coast Regional Water Quality Control Board
Not provided
Freedom of Information Officer
Santa Rosa
State California
Contact date
Request medium
Response date
Form of response
August 3, 2011
Fax (707-523-0135)
No response
No response
Response: A response has not been received at the time of this report.

State Online Database Information/GIS
Agency name
Contact name
Contact title
City
GeoTracker
Not applicable
Not applicable
Not applicable
State California
Contact date
Request medium
July 13, 2011
Online (http://geotracker.swrcb.ca.gov/)
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Response date
Form of response
July 13, 2011
Online
Response: No listings were found for the subject property or adjoining properties, with the exception of the closed SLIC case associated with Minatta Transportation Company (discussed in Section 4.3.2).

Agency name California Department of Conservation – Division of Oil, Gas, and Geothermal Resources (DOGGR)
Contact name
Contact title
City
Not applicable
Not applicable
Not applicable
State California
Contact date
Request medium
Response date
Form of response
July 13, 2011
Online (http://www.conservation.ca.gov/dog/Pages/Index.aspx) July 13, 2011
Online
Response: No listings were found for the subject property or adjoining properties.

Agency name
Contact name
Contact title
City
California ENVIROSTOR
Not applicable
Not applicable
Not applicable
State California
Contact date
Request medium
Response date
Form of response
July 13, 2011
Online (http://www.envirostor.dtsc.ca.gov/public/)
July 13, 2011
Online
Response: No listings were found for the subject property or adjoining properties.

At the time this report was prepared, some of the above local, county, and state agencies and companies had not responded to our information request as indicated.

According to ASTM E 1527-05, Section 8.1.4.2, information that has been requested must be reasonably ascertainable as part of performing the Phase I Environmental Assessment.

Information that is reasonably ascertainable per ASTM means that information will be provided by the source within 20 calendar days of receiving a written, telephone, or in-person request.

Copies of the letters and records of communication are included in Appendix I.

4.5 Synopsis of Previous Environmental Investigations and Plans Property Solutions did not receive and is not aware of previous environmental reports or plans pertaining to the subject property.
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4.6 Asbestos-Containing Materials
No structures are present on the subject Property.

Based upon the above information, no concerns were identified.

4.7 Mold/Water Intrusion
During the course of the Phase I Environmental Assessment property visit, Property Solutions performed limited observations for obvious signs of moisture, water intrusion, and potential mold at the subject property. This was performed for overview purposes only and is not a mold assessment or inspection for regulatory submittal purposes. Additional areas may exist in areas not observed or in concealed locations (behind walls and above ceiling tiles, etc.). This was a limited visual review during a Phase I Environmental Assessment property visit of easily accessible areas for obvious signs of water intrusion and potential mold. An engineering assessment and property maintenance personnel should be consulted to verify water intrusion due to engineering concerns and deficiencies and addressed as appropriate.

Molds produce tiny spores to reproduce, which waft through the indoor and outdoor air continually. When mold spores land on a damp spot indoors, they may begin growing and digesting whatever they are growing on in order to survive. There are molds that can grow on wood, paper, carpet, and foods. When excessive moisture or water accumulates indoors, mold growth will often occur, particularly if the moisture problem remains undiscovered or unaddressed. There is no practical way to eliminate all molds and mold spores in the indoor environment; the way to control indoor mold growth is to control moisture. In addition, mold growth may be a problem after flooding.

Standards or Threshold Limit Values (TLVs) for airborne concentrations of mold, or mold spores, have not been set. Currently, there are no USEPA regulations or standards for airborne mold contaminants.

No structures are located on the subject Property, therefore mold/water intrusion is not a concern.

5.0 CONCLUSIONS
We have performed a Phase I Environmental Assessment in conformance with the scope and limitations of ASTM Practice E 1527-05 of South Sonoma located at APN 144-050-009 & 046- 286-021 in Cotati, Sonoma County, California 94931. Any exceptions to, or deletions from, this practice are described in Section 1.0 of this report. This assessment has revealed no evidence of recognized environmental conditions in connection with the subject property. 20113209 31
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6.0 LIMITATIONS
The conclusions and presented above are based upon the agreed upon scope of work outlined in the above report. Consultant makes no guarantees as to the accuracy or completeness of information obtained from others. It is possible that information exists beyond the scope of this investigation. Additional information which was not available to Consultant at the time of writing the Report may result in a modification of the conclusions and presented. The Services performed by Consultant have been conducted in a manner consistent with the level of care ordinarily exercised by members of our profession currently practicing under similar conditions.

This report is not a legal opinion, but may under certain circumstances be prepared at the direction of counsel, may be in anticipation of litigation, and may be classified as an attorney client communication or as an attorney work product.

7.0 7.1

REFERENCES
Information Sources

1. United States Geological Survey’s 7.5-minute topographic quadrangle map of Cotati, California.

2. United States Department of Agriculture, Soil Conservation Services’ Soil Survey of Sonoma County, California.

3. Geologic Map of California produced by the California Geological Survey.

4. United States Department of the Interior, National Wetland Inventory Map for Cotati, California.

5. National Water Summary 1986 – Hydrologic Events and Groundwater Quality, dated 1988, produced by the United States Geological Survey.

6. USEPA’s Map of Radon Zones produced by the USEPA.

7. Aerial photographs provided by Environmental Data Resources, Inc.

8. Aerial photographs provided by TerraServer.

9. Haines Criss-Cross City Directories.

10. Fire insurance maps, provided by Environmental Data Resources, Inc.

11. The EDR Radius Map with GeoCheck, produced by Environmental Data Resources, Inc.

12. Envirofacts Data Warehouse, produced by USEPA.

13. California GeoTracker database, http://geotracker.swrcb.ca.gov/.

14. California Department of Conservation – Division of Oil, Gas, and Geothermal Resources, http://www.conservation.ca.gov/dog/Pages/Index.aspx.

15. California ENVIROSTOR database, http://www.envirostor.dtsc.ca.gov/public/.

7.2 Definitions
Abandoned property – property that can be presumed to be deserted, or an intent to relinquish possession or control can be inferred from the general disrepair or lack of activity thereon such that a reasonable person could believe that there was an intent on the part of the current owner to surrender rights to the property.
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Activity and use limitations – Legal or physical restrictions or limitations on the use of, or access to, a site or facility: (1) to reduce or eliminate potential exposure to hazardous substances or petroleum products in the soil or ground water on the property, or (2) to prevent activities that could interfere with the effectiveness of a response action, in order to ensure maintenance of a condition of no significant risk to public health or the environment. These legal or physical restrictions, which may include institutional and/or engineering controls, are intended to prevent adverse impacts to individuals or populations that may be exposed to hazardous substances and petroleum products in the soil or ground water on the property.4 4 The term AUL is taken from the ASTM Standard Guide E 2091 to include both legal (that is, institutional) and physical (that is, engineering) controls within its scope. Other agencies, organizations, and jurisdictions may define or utilize these terms differently (for example, EPA and California do not include physical controls within their definitions of “institutional controls.” Department of Defense and International County/City Management Association use ”Land Use Controls.” The term “land use restrictions” is used but not defined in the Brownfields Amendments).

Actual knowledge – the knowledge actually possessed by an individual who is a real person, rather than an entity. Actual knowledge is to be distinguished from constructive knowledge that is knowledge imputed to an individual or entity.

Actual Knowledge Exception – If the user or environmental professional(s) conducting an environmental site assessment has actual knowledge that the information being used from a prior environmental site assessment is not accurate or if it is obvious, based on other information obtained by means of the environmental site assessment or known to the person conducting the environmental site assessment, that the information being used is not accurate, such information from a prior environmental site assessment may not be used.

Adjoining properties – any real property or properties the border of which is contiguous or partially contiguous with that of the property, or that would be contiguous or partially contiguous with that of the property but for a street, road, or other public thoroughfare separating them.

All appropriate inquiry – that inquiry constituting “all appropriate inquiry into the previous ownership and uses of the property consistent with good commercial or customary practice” as defined in CERCLA, 42 U.S.C §9601(35)(B), that will qualify a party to a commercial real estate transaction for one of threshold criteria for satisfying the LLPs to CERCLA liability (42 U.S.C §9601(35)(A) & (B), §9607(b)(3), §9607(q); and §9607(r)), assuming compliance with other elements of the defense. See ASTM E 1527-05, Appendix X1.

Bona fide prospective purchaser liability protection – (42 U.S.C. §9607(r))—a person may qualify as a bona fide prospective purchaser if, among other requirements, such person made “all appropriate inquiries into the previous ownership and uses of the facility in accordance with generally accepted good commercial and customary standards and practices.” Knowledge of contamination resulting from all appropriate inquiry would not generally preclude this liability protection. A person must make all appropriate inquiry on or before the date of purchase. The facility must have been purchased after January 11, 2002. See ASTM E 1527-05, Appendix X1 for the other necessary requirements that are beyond the scope of this practice. 20113209 33
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Business environmental risk – a risk which can have a material environmental or environmentally-driven impact on the business associated with the current or planned use of a parcel of commercial real estate, not necessarily limited to those environmental issues required to be investigated in this practice. Consideration of business environmental risk issues may involve addressing one or more non-scope considerations, some of which are identified in ASTM E 1527-05, Section 13.

Comparison with Subsequent Inquiry – It should not be concluded or assumed that an inquiry was not all appropriate inquiry merely because the inquiry did not identify recognized environmental conditions in connection with a property. Environmental site assessments must be evaluated based on the reasonableness of judgments made at the time and under the circumstances in which they were made. Subsequent environmental site assessments should not be considered valid standards to judge the appropriateness of any prior assessment based on hindsight, new information, use of developing technology or analytical techniques, or other factors.

Comprehensive Environmental Response, Compensation, and Liability Information System (CERCLIS) – the list of sites compiled by EPA that EPA has investigated or is currently investigating for potential hazardous substance contamination for possible inclusion on the National Priorities List.

Construction debris – concrete, brick, asphalt, and other such building materials discarded in the construction of a building or other improvement to property.

Contiguous property owner liability protection – (42 U.S.C. §9607(q))—a person may qualify for the contiguous property owner liability protection if, among other requirements, such person owns real property that is contiguous to, and that is or may be contaminated by hazardous substances from other real property that is not owned by that person. Furthermore, such person conducted all appropriate inquiry at the time of acquisition of the property and did not know or have reason to know that the property was or could be contaminated by a release or threatened release from the contiguous property. The all appropriate inquiry must not result in knowledge of contamination. If it does, then such person did “know” or “had reason to know” of contamination and would not be eligible for the contiguous property owner liability protection. See ASTM E 1527-05, Appendix X1 for the other necessary requirements that are beyond the scope of this practice.

Continued Viability of Environmental Site Assessment – Subject to ASTM E 1527-05, Section

4.8, an environmental site assessment meeting or exceeding this practice and completed less than 6 180 days prior to the date of acquisition of the property or (for transactions not involving an 7 acquisition) the date of the intended transaction is presumed to be valid. If within this period the assessment will be used by a different user than the user for whom the assessment was originally prepared, the subsequent user must also satisfy the User’s Responsibilities in ASTM E 1527-05, Section 6. Subject to Section 4.8 and the User’s Responsibilities set forth in ASTM E 1527-05, Section 6, an environmental site assessment meeting or exceeding this practice and for which the information was collected or updated within one year prior to the date of acquisition of the 20113209 34
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property or (for transactions not involving an acquisition) the date of the intended transaction may be used provided that the following components of the inquiries were conducted or updated within 180 days of the date of purchase or the date of the intended transaction: (i) interviews with owners, operators, and occupants; (ii) searches for recorded environmental cleanup liens; (iii) reviews of federal, tribal, state, and local government records; (iv) visual inspections of the property and of adjoining properties; and (v) the declaration by the environmental professional responsible for the assessment or update.
6 Under “All Appropriate Inquiry” 40 C.F.R. Part 312, EPA defines date of acquisition as the date on which a person acquires title to the property. 7 Subject to meeting the other requirements set forth in this section, for purpose of the LLPs, information collected in an assessment conducted prior to the effective date of the federal regulations for All Appropriate Inquiry or this practice can be used if the information was generated as a result of procedures that meet or exceed the requirements of the E 1527-97 or -00 standards.

Contractual Issues Regarding Prior Assessment Usage – The contractual and legal obligations between prior and subsequent users of environmental site assessments or between environmental professionals who conducted prior environmental site assessments and those who would like to use such prior environmental site assessments are beyond the scope of this practice.

Data failure – a failure to achieve the historical research objectives in ASTM E 1527-05, §8.3.1 through 8.3.2.2 even after reviewing the standard historical sources in §8.3.4.1 through 8.3.4.8 that are reasonably ascertainable and likely to be useful. Data failure is one type of data gap. See ASTM E 1527-05, 8.3.2.3.

Data gap – a lack of or inability to obtain information required by this practice despite good faith efforts by the environmental professional to gather such information. Data gaps may result from incompleteness in any of the activities required by this practice, including, but not limited to site reconnaissance (for example, an inability to conduct the site visit), and interviews (for example, an inability to interview the Key Site Manager, regulatory officials, etc.). See ASTM E 1527-05 §12.7.

Demolition debris – concrete, brick, asphalt, and other such building materials discarded in the demolition of a building or other improvement to property.

Engineering controls (EC) – physical modifications to a site or facility (for example, capping, slurry walls, or point of use water treatment) to reduce or eliminate the potential for exposure to hazardous substances or petroleum products in the soil or ground water on the property.

Engineering controls are a type of activity and use limitation (AUL).

Environmental lien – a charge, security, or encumbrance upon title to a property to secure the payment of a cost, damage, debt, obligation, or duty arising out of response actions, cleanup, or other remediation of hazardous substances or petroleum products upon a property, including (but not limited to) liens imposed pursuant to CERCLA 42 U.S.C. §§9607(1) & 9607(r) and similar state or local laws.
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Environmental professional – a person meeting the education, training, and experience requirements as set forth in 40 CFR §312.10(b). See ASTM E 1527-05 Appendix X2. The person may be an independent contractor or an employee of the user.

Fill dirt – dirt, soil, sand, or other earth, that is obtained off-site, that is used to fill holes or depressions, create mounds, or otherwise artificially change the grade or elevation of real property. It does not include material that is used in limited quantities for normal landscaping activities.

Good faith – the absence of any intention to seek an unfair advantage or to defraud another party; an honest and sincere intention to fulfill one’s obligations in the conduct or transaction concerned.

Hazardous substance – a substance defined as a hazardous substance pursuant to CERCLA 42 U.S.C.§9601(14), as interpreted by EPA regulations and the courts:“ (A) any substance designated pursuant to section 1321(b)(2)(A) of Title 33, (B) any element, compound, mixture, solution, or substance designated pursuant to section 9602 of this title, (C) any hazardous waste having the characteristics identified under or listed pursuant to section 3001 of the Resource Conservation and Recovery Act of 1976 (RCRA), as amended, (42 U.S.C. §6921) (but not including any waste the regulation of which under RCRA (42 U.S.C.§§6901 et seq.) has been suspended by Act of Congress), (D) any toxic pollutant listed under section 1317(a) of Title 33, (E) any hazardous air pollutant listed under section 112 of the Clean Air Act (42 U.S.C. §7412), and (F) any imminently hazardous chemical substance or mixture with respect to which the Administrator (of EPA) has taken action pursuant to section 2606 of Title 15. The term does not include petroleum, including crude oil or any fraction thereof which is not otherwise specifically listed or designated as a hazardous substance under subparagraphs (A) through (F) of this paragraph, and the term does not include natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas).” (See ASTM E 1527-05, Appendix X1.)
Hazardous waste – any hazardous waste having the characteristics identified under or listed pursuant to section 3001 of RCRA, as amended, (42 U.S.C. §6921) (but not including any waste the regulation of which under RCRA (42 U.S.C. §§6901-6992k) has been suspended by Act of Congress). RCRA is sometimes also identified as the Solid Waste Disposal Act. RCRA defines a hazardous waste, at 42 U.S.C. §6903, as: “a solid waste, or combination of solid wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may— (A) cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or (B) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed.”
Hazardous waste/contaminated sites – sites on which a release has occurred, or is suspected to have occurred, of any hazardous substance, hazardous waste, or petroleum products, and that release or suspected release has been reported to a government entity. 20113209 36
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Historical recognized environmental condition – an environmental condition which in the past would have been considered a recognized environmental condition, but which may or may not be considered a recognized environmental condition currently. The final decision rests with the environmental professional and will be influenced by the current impact of the historical recognized environmental condition on the property. If a past release of any hazardous substances or petroleum products has occurred in connection with the property and has been remediated, with such remediation accepted by the responsible regulatory agency (for example, as evidenced by the issuance of a no further action letter or equivalent), this condition shall be considered an historical recognized environmental condition and included in the findings section of the Phase I Environmental Site Assessment report. The environmental professional shall provide an opinion of the current impact on the property of this historical recognized environmental condition in the opinion section of the report. If this historical recognized environmental condition is determined to be a recognized environmental condition at the time the Phase I Environmental Site Assessment is conducted, the condition shall be identified as such and listed in the conclusions section of the report.

IC/EC registries – databases of institutional controls or engineering controls that may be maintained by a federal, state, or local environmental agency for purposes of tracking sites that may contain residual contamination and AULs. The names for these may vary from program to program and state to state, and include terms such as Declaration of Environmental Use Restriction database (Arizona), list of “deed restrictions” (California), environmental real covenants list (Colorado), brownfields site list (Indiana, Missouri, Pennsylvania).

Innocent landowner defense – (42 U.S.C. §§9601(35) & 9607(b)(3)) – a person may qualify as one of three types of innocent landowners: (i) a person who “did not know and had no reason to know” that contamination existed on the property at the time the purchaser acquired the property; (ii) a government entity which acquired the property by escheat, or through any other involuntary transfer or acquisition, or through the exercise of eminent domain authority by purchase or condemnation; and (iii) a person who “acquired the facility by inheritance or bequest.” To qualify for the first type of innocent landowner LLP, such person must have made all appropriate inquiry on or before the date of purchase. Furthermore, the all appropriate inquiry must not have resulted in knowledge of the contamination. If it does, then such person did “know” or “had reason to know” of contamination and would not be eligible for the innocent landowner defense.

See ASTM E 1527-05, Appendix X1 for the other necessary requirements that are beyond the scope of this practice.

Institutional controls (IC) – a legal or administrative restriction (for example, “deed restrictions,” restrictive covenants, easements, or zoning) on the use of, or access to, a site or facility to (1) reduce or eliminate potential exposure to hazardous substances or petroleum products in the soil or ground water on the property, or (2) to prevent activities that could interfere with the effectiveness of a response action, in order to ensure maintenance of a condition of no significant risk to public health or the environment. An institutional control is a type of Activity and Use Limitation (AUL).
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Interviews – those portions of ASTM E 1527-05 practice that are contained in Section 10 and 11 thereof and address questions to be asked of past and present owners, operators, and occupants of the property and questions to be asked of local government officials.

Key Site Manager – the person identified by the owner or operator of a property as having good knowledge of the uses and physical characteristics of the property. See ASTM E 1527-05, §10.5.1.

Landowner Liability Protections (LLPs) – landowner liability protections under CERCLA; these protections include the bona fide prospective purchaser liability protection, contiguous property owner liability protection, and innocent landowner defense from CERCLA liability. See 42 U.S.C. §§9601(35)(A), 9601(40), 9607(b), 9607(q), 9607(r).

Level of Inquiry is Variable – Not every property will warrant the same level of assessment.

Consistent with good commercial or customary practice, the appropriate level of environmental site assessment will be guided by the type of property subject to assessment, the expertise and risk tolerance of the user, and the information developed in the course of the inquiry.

Major occupants – those tenants, subtenants, or other persons or entities each of which uses at least 40 % of the leasable area of the property or any anchor tenant when the property is a shopping center.

Material threat – a physically observable or obvious threat which is reasonably likely to lead to a release that, in the opinion of the environmental professional, is threatening and might result in impact to public health or the environment. An example might include an aboveground storage tank system that contains a hazardous substance and which shows evidence of damage. The damage would represent a material threat if it is deemed serious enough that it may cause or contribute to tank integrity failure with a release of contents to the environment.

Not Exhaustive – All appropriate inquiry does not mean an exhaustive assessment of a clean property. There is a point at which the cost of information obtained or the time required to gather it outweighs the usefulness of the information and, in fact, may be a material detriment to the orderly completion of transactions. One of the purposes of this practice is to identify a balance between the competing goals of limiting the costs and time demands inherent in performing an environmental site assessment and the reduction of uncertainty about unknown conditions resulting from additional information.

Obvious – that which is plain or evident; a condition or fact that could not be ignored or overlooked by a reasonable observer while visually or physically observing the property.

Occupants – those tenants, subtenants, or other persons or entities using the property or a portion of the property.

Operator – the person responsible for the overall operation of a facility. 20113209 38
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Owner – generally the fee owner of record of the property.

Petroleum exclusion – the exclusion from CERCLA liability provided in 42 U.S.C. §9601(14), as interpreted by the courts and EPA: “The term (hazardous substance) does not include petroleum, including crude oil or any fraction thereof which is not otherwise specifically listed or designated as a hazardous substance under subparagraphs (A) through (F) of this paragraph, and the term does not include natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas).” Petroleum products – those substances included within the meaning of the petroleum exclusion to CERCLA, 42 U.S.C. §9601(14), as interpreted by the courts and EPA, that is: petroleum, including crude oil or any fraction thereof which is not otherwise specifically listed or designated as a hazardous substance under Subparagraphs (A) through (F) of 42 U.S.C. §9601(14), natural gas, natural gas liquids, liquefied natural gas, and synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas). (The word fraction refers to certain distillates of crude oil, including gasoline, kerosene, diesel oil, jet fuels, and fuel oil, pursuant to Standard Definitions of Petroleum Statistics.5)
5 Standard Definitions of Petroleum Statistics, American Petroleum Institute, Fourth Edition, 1988.

Practically reviewable – information that is practically reviewable means that the information is provided by the source in a manner and in a form that, upon examination, yields information relevant to the property without the need for extraordinary analysis of irrelevant data. The form of the information shall be such that the user can review the records for a limited geographic area. Records that cannot be feasibly retrieved by reference to the location of the property or a geographic area in which the property is located are not generally practically reviewable. Most databases of public records are practically reviewable if they can be obtained from the source agency by the county, city, zip code, or other geographic area of the facilities listed in the record system. Records that are sorted, filed, organized, or maintained by the source agency only chronologically are not generally practically reviewable. Listings in publicly available records which do not have adequate address information to be located geographically are not generally considered practically reviewable. For large databases with numerous records (such as RCRA hazardous waste generators and registered underground storage tanks), the records are not practically reviewable unless they can be obtained from the source agency in the smaller geographic area of zip codes. Even when information is provided by zip code for some large databases, it is common for an unmanageable number of sites to be identified within a given zip code. In these cases, it is not necessary to review the impact of all of the sites that are likely to be listed in any given zip code because that information would not be practically reviewable. In other words, when so much data is generated that it cannot be feasibly reviewed for its impact on the property, it is not practically reviewable.

Prior Assessment Usage – The ASTM E 1527-05 practice recognizes that environmental site assessments performed in accordance with this practice will include information that subsequent users may want to use to avoid undertaking duplicative assessment procedures. Therefore, this practice describes procedures to be followed to assist users in determining the appropriateness of 20113209 39
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using information in environmental site assessments performed more than one year prior to the date of acquisition of the property or (for transactions not involving an acquisition) the date of the intended transaction. The system of prior assessment usage is based on the following principles that should be adhered to in addition to the specific procedures set forth elsewhere in the ASTM E 1527-05 practice.

Property – the real property that is the subject of the environmental site assessment described in the ASTM E 1527-05 practice. Real property includes buildings and other fixtures and improvements located on the property and affixed to the land.

Publicly available – information that is publicly available means that the source of the information allows access to the information by anyone upon request.

Reasonably Ascertainable/Standard Sources – availability of record information varies from information source to information source, including governmental jurisdictions. The user or environmental professional is not obligated to identify, obtain, or review every possible record that might exist with respect to a property. Instead, this practice identifies record information that shall be reviewed from standard sources, and the user or environmental professional is required to review only record information that is reasonably ascertainable to those standard sources. Record information that is reasonable ascertainable means (1) information that is publicly available, (2) information that is obtainable from its source within reasonable time and cost constraints, and (3) information that is practically reviewable.

Reasonable time and cost – information that is obtainable within reasonable time and cost constraints means that the information will be provided by the source within 20 calendar days of receiving a written, telephone, or in-person request at no more than an nominal cost intended to cover the source’s cost of retrieving and duplicating the information. Information that can only be reviewed by a visit to the source is reasonably ascertainable if the visit is permitted by the source within 20 days of request.

Recognized environmental conditions – the presence or likely presence of any hazardous substances or petroleum products on a property under conditions that indicate an existing release, a past release, or a material threat of a release of any hazardous substances or petroleum products into structures on the property or into the ground, ground water, or surface water of the property.

The term includes hazardous substances or petroleum products even under conditions in compliance with laws. The term is not intended to include de minimis conditions that generally do not present a threat to human health or the environment and that generally would not be the subject of an enforcement action if brought to the attention of appropriate governmental agencies. Conditions determined to be de minimis are not recognized environmental conditions.

Recorded land title records – records of historical fee ownership, which may include leases, land contracts, and AULs on or of the property recorded in the place where land title records are, by law or custom, recorded for the local jurisdiction in which the property is located. (Often such records are kept by a municipal or county recorder or clerk.) Such records may be obtained from title companies or directly from the local government agency. Information about the title to the 20113209 40
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property that is recorded in a U.S. district court or any place other than where land title records are, by law or custom, recorded for the local jurisdiction in which the property is located, are not considered part of recorded land title records. See ASTM E 1527-05 §8.3.4.4.

Relevant experience (as used in the definition of environmental professional) – participation in the performance of all appropriate inquiries investigations, environmental site assessments, or other site investigations that may include environmental analyses, investigations, and remediation which involve the understanding of surface and subsurface environmental conditions and the processes used to evaluate these conditions and for which professional judgment was used to develop opinions regarding conditions indicative of releases or threatened releases (see 40 CFR §312.1(c)) to the subject property.

Rules of Engagement – The contractual and legal obligations between an environmental professional and a user (and other parties, if any) are outside the scope of this practice. No specific legal relationship between the environmental professional and the user is necessary for the user to meet the requirements of this practice.

Uncertainty Not Eliminated – No environmental site assessment can wholly eliminate uncertainty regarding the potential for recognized environmental conditions in connection with a property. Performance of this practice is intended to reduce, but not eliminate, uncertainty regarding the potential for recognized environmental conditions in connection with a property, and this practice recognizes reasonable limits of time and cost.

Use of Prior Information – Subject to the requirements set forth in ASTM E 1527-05, Section

4.6, users and environmental professionals may use information in prior environmental site assessments provided such information was generated as a result of procedures that meet or exceed the requirements of this practice. However, such information shall not be used without current investigation of conditions likely to affect recognized environmental conditions in connection with the property. Additional tasks may be necessary to document conditions that may have changed materially since the prior environmental site assessment was conducted.

User – the party seeking to use Practice E 1527 to complete an environmental site assessment of the property. A user may include, without limitation, a potential purchaser of property, a potential tenant of property, an owner of property, a lender, or a property manager. The user has specific obligations for completing a successful application of this practice as outlined in ASTM E 1527-05, Section 6.

Visually and/or physically observed – during a site visit pursuant to this practice, this term means observations made by vision while walking through a property and the structures located on it and observations made by the sense of smell, particularly observations of noxious or foul odors.

The term “walking through” is not meant to imply that disabled persons who cannot physically walk may not conduct a site visit; they may do so by the means at their disposal for moving through the property and the structures located on it.
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7.3 Acronyms
ACM – asbestos-containing material
AST – aboveground storage tank
ASTM – American Society for Testing and Materials
AUL – Activity and Use Limitations
bgs – below ground surface
CERCLA – Comprehensive Environmental Response, Compensation and Liability Act of 1980 (as amended, 42 USC § 9601 et seq.)
CERCLIS – Comprehensive Environmental Response, Compensation and Liability Information System (maintained by EPA)
CFR – Code of Federal Regulations
CORRACTS – Facilities subject to Corrective Action under RCRA EA – Environmental assessment
ECRA – Environmental Cleanup Responsibility Act
EDR – Environmental Data Resources, Inc.

EPA – United States Environmental Protection Agency
EPCRA – Emergency Planning and Community Right to Know Act ((also known as SARA Title III), 42 USC § 11001 et seq.)
ERNS – Emergency Response Notification System
ESA – Environmental Site Assessment (different than an environmental compliance audit,

3.2.27)
FOIA – U.S. Freedom of Information Act (5 U.S.C. §552 as amended by Public Law No. 104- 231, 110 Stat.)
FR – Federal Register
HREC – Historical recognized environmental condition
ICs – Institutional Controls
ISRA – Industrial Site Recovery Act
LBP – Lead-based paint
LLP – Landowner Liability Protections under the Brownfields Amendments LRST – Leaking registered storage tank
LUST – Leaking underground storage tank
MSDS – Material safety data sheet
NCP – National Contingency Plan
NFRAP – former CERCLIS sites where no further remedial action is planned under CERCLA NPDES – National Pollutant Discharge Elimination System NPL – National Priorities List
NVLAP – National Voluntary Laboratory Accreditation Program OSHA – Occupational Safety and Health Administration
PACM – Presumed asbestos-containing material
PCBs – Polychlorinated biphenyls
PLM – Polarized light microscopy
PRP – Potentially responsible party (pursuant to CERCLA 42 USC § 9607(a)) RCRA – Resource Conservation and Recovery Act (as amended, 42 USC § 6901 et seq.) RCRIS – Resource Conservation and Recovery Act Information System 20113209 42
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REC – Recognized environmental condition
ROC – Record of communication
RST – Registered storage tank
SACM – Suspect asbestos-containing material
SARA – Superfund Amendments and Reauthorization Act of 1986 (amendment to CERCLA) SIC – Standard Industrial Classification
TEM – Transmission electron microscopy
TSDF – Hazardous waste treatment, storage or disposal facility USC – United States Code
USEPA –United States Environmental Protection Agency
USGS – United States Geological Survey
UST – Underground storage tank

7.4 Purpose
The purpose of a Phase I Environmental Assessment is to evaluate issues that may have an impact on the subject property. The purpose of the ASTM E 1527-05 practice is to define good commercial and customary practice in the United States of America for conducting an environmental site assessment of a parcel of commercial real estate with respect to the range of contaminants within the scope of Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (42 U.S.C. §9601) and petroleum products. As such, the practice is intended to permit a User to satisfy one of the requirements to qualify for the innocent landowner, contiguous property owner, or bona fide prospective purchaser limitations on CERCLA liability (hereinafter, the “landowner liability protections,” or “LLPs”): that is, the practice that constitutes “all appropriate inquiry into the previous ownership and uses of the property consistent with good commercial or customary practice” as defined at 42 U.S.C. §9601(35)(B). The goal of this process is to identify the presence or likely presence of hazardous substances or petroleum products on the property and identify conditions that indicate an existing release, a past release, or a material threat of a release of hazardous substances or petroleum products into structures on the subject property or into the ground, groundwater, or surface of the subject property. The purpose of this report is not intended to include de minimis conditions that generally do not present a material risk of harm to public health or the environment and that generally would not be the subject of an enforcement action if brought to the attention of appropriate governmental agencies. This report is also not intended to serve as a compliance assessment of the subject property or to identify health and safety issues or procedures. The ASTM E 1527-05 DOES NOT address whether requirements in addition to all appropriate inquiry have been met in order to qualify for the LLPs (for example, the duties specified in 42 U.S.C. §9601(b)(3)(a) and (b) and cited in Appendix X1 of the ASTM Standard, including the continuing obligation not to impede the integrity and effectiveness of activity and use limitations (AULs), or the duty to take reasonable steps to prevent releases, or the duty to comply with legally required release reporting obligations).

The ASTM E 1527-05 practice DOES NOT address requirements of any state or local laws or of any federal laws other than the all appropriate inquiry provision of the LLPs. Per the ASTM Standard, Users are cautioned that federal, state, and local laws may impose environmental 20113209 43
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assessment obligations that are beyond the scope of this practice. Users should also be aware that there are likely to be other legal obligations with regard to hazardous substances or petroleum products discovered on the property that are not addressed in the ASTM practice and that may pose risks of civil and/or criminal sanctions for non-compliance.

7.5 Significant Assumptions
The following assumptions are made by Property Solutions in this report. Property Solutions relied on information derived from secondary sources including governmental agencies, the Client (User), designated representatives of the Client (User), property contact, property owner, property owner representatives, computer databases, and personal interviews. Except as set forth in this report, Property Solutions has made no independent investigation as to the accuracy and completeness of the information derived from secondary sources including government agencies, the Client, designated representatives of the Client, property contact, property owner, property owner representatives, computer databases, or personal interviews and has assumed that such information is accurate and complete. Property Solutions assumes information provided by or obtained from governmental agencies including information obtained from government websites is accurate and complete. Groundwater flow and depth to groundwater, unless otherwise specified by on-property well data, are assumed based on contours depicted on the United States Geological Survey topographic maps. Property Solutions assumes the property has been correctly and accurately identified by the Client (User), designated representative of the Client (User), property contact, property owner, and property owner’s representatives. Property Solutions assumes that the Client (User), Client representatives, Client Legal Counsel, designated representatives of the Client, Key Site Manager, property contact, property owner, property owner representatives, and property brokers, used good faith in answering questions and in obtaining information for the subject property as defined in 10.8 of the ASTM E 1527-05 practice. This would also include obtaining those helpful documents from previous owners, operators, tenants, brokers, financial institutions etc. Property Solutions also assumes the Client will designate appropriate and knowledgeable people for performance of the Phase I Environmental Assessment including Key Site Managers.

7.6 Special Terms and Conditions
This Phase I Environmental Assessment was prepared in accordance with the stated and agreed upon Scope of Work. This report is for pre-foreclosure purposes, as such the property owner and contact was not openly cooperative and could not be considered a key site manager. Typically, in pre-foreclosure situations, information provided by the property owner or contact may be suspect and subject to additional scrutiny. Additionally, gaining access to the property or access to information maintained by the property owner or contact can be difficult. Delays in obtaining or not obtaining information from the property owner or contact may impact the overall conclusions of the Phase I report.

In order to perform a comprehensive environmental evaluation, subsurface investigation and testing would be required to definitively evaluate whether contamination has affected the subject property. Therefore, the findings and conclusions presented herein are based solely on the scope 20113209 44
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of work previously described and information gathered. No environmental assessment can wholly eliminate uncertainty regarding the potential for recognized environmental conditions in connection with a property. Performance of the ASTM practice is intended to reduce, but not eliminate, uncertainty regarding the potential for recognized environmental conditions in connection with a property, and the ASTM practice recognizes reasonable limits of time and cost. Limitations to the assessment also include weather conditions, vegetation cover, parked cars, trucks, dumpsters, and anything limiting visual observation of or physical access to the subject property and neighboring properties. Vapor intrusion is not included in this scope of services and is considered an ASTM Non-scope consideration. This report and scope is not an environmental compliance audit.

Subject to Section 4.8 of the ASTM E 1527-05 Standard, an environmental site assessment meeting or exceeding the practice and completed less than 180 days prior to the date of acquisition of the property or (for transactions not involving an acquisition) the date of the intended transaction is presumed to be valid. If within this period the assessment will be used by a different user than the user (Client) for whom the assessment was originally prepared, the subsequent user (if authorized to rely on the report as identified in Section 1.5 Reliance of this report) must also satisfy the User’s Responsibilities in Section 6 of the ASTM E 1527-05 standard. If this assessment is over 180 days old it is not valid and a new assessment should be performed per the ASTM standard.

This report was specifically and only prepared for the identified specific Client (user) and for their specific purpose; no other person or entity for any other purpose may use, or rely on this report or its contents unless specifically authorized in writing by Property Solutions Inc.

Subsequent consultants and subsequent Users may not rely on this report or information included in this report. Property Solutions Inc. will not be held liable in any way for any and all unauthorized use of this report both currently and in the future. Consultants and subsequent Users must specifically and separately verify all information and not rely on the facts, findings, conclusions, and opinions of this report. Future use of this report by consultants or subsequent Users is strictly prohibited and not authorized to evaluate the appropriateness of using this information in environmental site assessments performed in the future by anyone other than Property Solutions Inc. Subsequent consultants and subsequent Users may not include this report or information included in this report (unless publicly available) without the written authorization of Property Solutions Inc.

No other special terms and conditions are applicable to this Phase I Environmental Assessment. 20113209 45
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ATTACHMENT I

PROFESSIONAL

QUALIFICATIONS
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AMY WRIGHT

SENIOR ENVIRONMENTAL SCIENTIST
EDUCATION Bachelor’s of Science in Environmental Science, cum laude University of Florida
Gainesville, Florida
ACCREDITATIONS USEPA AHERA accreditation
OSHA 40-hour HAZWOPER certification

SUMMARY OF QUALIFICATIONS
Ms. Wright has worked in the environmental due diligence field since November 2004. She has conducted numerous Phase I Environmental Assessments (EAs) in accordance with ASTM standards in 21 states, including Washington, DC, and has conducted Phase II ESAs in New Jersey, Pennsylvania, Delaware, West Virginia, Oklahoma, and Arkansas. Many of the Phase I ESAs also included regulatory compliance audits. Ms. Wright has also conducted Phase I EAs and groundwater sampling in Toronto, Ontario. After receiving her USEPA AHERA accreditation in June 2005, Ms. Wright either conducted or oversaw asbestos sampling in New Jersey, Pennsylvania, New York, Oklahoma, and Arkansas. She has also collected air samples for radon, water samples for lead in drinking water, and paint chip samples for lead-based paint.

REPRESENTATIVE PROJECT EXPERIERNCE
Maryland Voluntary Cleanup Program – Potomac, Maryland
Entered a dry cleaning facility into the VCP program in an affluent suburb of Washington, DC. As part of the VCP process, Ms. Wright completed and submitted required documentation and site plans, met onproperty with Maryland Department of the Environmental (MDE) project managers, and coordinated and attended conference calls between the Client and MDE.

Stewart International Airport – Newburgh, New York
As part of a three-person team, performed an environmental assessment of the entire airport facility, including an on-site business park, which included a review of historical documents, including previous asbestos removal efforts and remediation of the airport’s former use as a military base.

Confidential Client – Cement Processing Facilities – US and European facilities Managed a portfolio divestiture of over 500 facilities, which included document review of available information related to each facility and permits applicable to each facility. Applied for new permits as needed for each facility. Determined for which sites Phase I ESAs should be conducted or updated.

Confidential Client – Steel Fittings Manufacturer – Arkansas and Oklahoma Performed environmental assessments for two facilities located in Arkansas and Oklahoma. These Phase I ESAs resulted in sampling for asbestos-containing materials (ACMs) and soil and groundwater sampling (Phase II ESAs) for potential on-site contamination. Areas determined to be impacted by site operations were remediated to meet state requirements.

Power Plants – New Jersey, New York, and Connecticut
Performed environmental assessments of power plants located in New Jersey and New York, with asbestos sampling conducted at the New Jersey facility. Also conducted a Phase I ESA related to the siting of a power plant in Connecticut.

Toner Manufacturing Facility – Wheeling, West Virginia
Performed an environmental assessment of a toner manufacturing facility located in West Virginia.

Based on the results of the Phase I ESA, a Phase II ESA was performed to determine if on-site contamination was present related to a historical gasoline UST.

Ethnic Dairy Product Manufacturing Facility – Philadelphia, Pennsylvania Performed an environmental assessment of an ethic dairy product manufacturing facility located in Philadelphia. Prior use of the property included truck repair and vehicle fueling. Conducted Phase II ESA to evaluate to what extent on-site contamination was present. 732 of 1220 Amy Wright

Automobile Electronic Parts Depot – Toronto, Ontario, Canada Performed an environmental assessment (to US standards) of a parts facility in Toronto, which had previously remediated on-site soil and groundwater contamination. Collected groundwater samples to confirm no additional contamination present.

Light Industrial Facilities – various states
Performed environmental assessments of light industrial facilities located in several states. The assessments included the evaluation of chemical storage, aboveground storage tanks, underground storage tanks, asbestos-containing materials, lead-based paint, and Resource Conservation and Recovery Act (RCRA) issues.

Warehouse Facilities – various states
Performed environmental assessments for several warehouse portfolios in various states. These ESAs were paired with regulatory compliance audits to assure facility compliance with applicable Federal, state, and local environmental regulations.

Shopping Malls/Retail Plazas – various states
Performed environmental assessments for shopping malls and retail plazas in various states. Often, these ESAs involved assessing current or former dry cleaner facilities, which at times resulted in conducting Phase II ESAs to determine if the dry cleaner facilities impacted the soil or groundwater of the property.

Apartment Complexes – various states
Performed environmental assessments for apartment complexes in various states, which also included at times sampling for asbestos, radon, lead in drinking water, and lead-based paint, as well as visual inspections for mold.

Self Storage Facilities – Delaware, Texas, Maryland
Performed environmental assessments for several self-storage facilities in various locations. The assessments included evaluations of prior use of the properties, chemical storage, aboveground storage tanks, underground storage tanks, asbestos-containing materials, chemical storage, and historical research.

Yacht Manufacturing and Storage Facilities – Trenton, Maine and Southwest Harbor, Maine Performed environmental assessments on three yacht manufacturing and storage facilities in Trenton, Maine and Southwest Harbor, Maine. The assessments included the evaluation of chemical storage, aboveground storage tanks, underground storage tanks, asbestos-containing materials, lead-based paint, and RCRA issues.

Government Office Buildings – various states
Performed environmental assessments for US Government office buildings in various states. The assessments included the evaluation of chemical storage, aboveground storage tanks, underground storage tanks, asbestos-containing materials, and RCRA issues. 733 of 1220

TIM CLACKETT

REGIONAL MANAGER
EDUCATION Bachelors of Environmental Science and Geography State University of New York at Buffalo
Buffalo, New York

ACCREDITATIONS
OSHA 40-hour HAZWOPER Training
NJDEP Cleanup Star
NJDEP Subsurface Evaluator
USEPA-AHERA Certified Asbestos Inspector and Management Planner NJDHHS Lead Inspector/ Risk Assessor
OSHA Confined Space Entry Training
ACOE Wetlands Delineator Training

SUMMARY OF QUALIFICATIONS
Mr. Clackett has over seven years experience performing Phase I Environmental Assessments, Phase II Subsurface Investigations, and Regulatory Compliance Audits for commercial, residential, industrial, and institutional real estate transactions throughout the United States and Canada. Mr. Clackett is experienced in landfill closure compliance in accordance with federal and state regulations. Mr. Clackett has performed wetland delineations in accordance with the Army Corps of Engineers 1987 Manual. Mr.

Clackett has conducted carbon monoxide modeling for various road improvement projects. Mr. Clackett has developed and implemented air, water, and soil sampling and analysis plans for various hazardous waste sites. In addition, Mr. Clackett has also provided such services as acting as a liaison between regulatory agencies and clients and proposal development.

REPRESENTATIVE PROJECT EXPERIERNCE
Vacant Land – Kings Park, NY
Mr. Clackett performed an environmental assessment for a vacant parcel of land located in Kings Park, NY adjacent to a previously closed landfill. The assessment included an evaluation of prior use of the property, the collection of soil gas samples in areas suspected of being impacted by the adjacent landfill, and review of previous reports for the landfill.

Compliance Audit – Town of North Hempstead, NY
Mr. Clackett performed a hazardous material storage compliance audit for properties owned by the Town of North Hempstead. The assessment included an evaluation of Underground Storage Tanks (UST), Aboveground Storage Tanks (AST) and hazardous material storage areas for compliance with applicable federal, state and local regulations.

Landfill Closures, Various Locations
Mr. Clackett has performed several landfill closure investigations in Long Island and Staten Island, NY.

The closure investigations included the design of sampling plans, the collection of representative air, soil and water samples and the submittal of closure documents to satisfy state regulations. Mr. Clackett has also performed quality assurance inspections for construction activities related to landfill closures.

Wetland Delineation – Putnam County, NY
Mr. Clackett performed a wetland delineation for a proposed courthouse in Putnam County, NY. The wetland delineation included the identification of wetland vegetation and soils in accordance with the Army Corp of Engineers 1987 Wetland Delineation Manual.

Carbon Monoxide Survey – Route 25, Centereach, NY
Mr. Clackett has performed a carbon monoxide survey of a section of Route 25 located in Centereach, NY for the NYS Department of Transportation. The carbon monoxide survey included modeling of carbon monoxide concentrations at critical locations using the USEPA designated Cal3QHC model. Modeling results were used in the design phase for the rehabilitation of the state owned roadway.

Property SolutionsINC. 323 New Albany Road • Moorestown, New Jersey 08057 • 856-813-3000 • Fax 734 of 1220856-813-1068 Tim Clackett

Other Project Experience
Mr. Clackett has overseen various monitoring well installations, soil gas surveys and underground soil probing projects. Based on the findings of the Phase II activities, Mr. Clackett has advised clients of remedial alternatives and provided cost estimations.

Mr. Clackett has performed many Phase I environmental due diligence evaluations of industrial, commercial, and residential properties for various lending institutions and private clients involving: historic research of property usage, bulk sampling for asbestos-containing materials and lead-based paint, radon and lead-in-drinking water, interpretation of environmental database reports, identification of potential contamination and liability based on research, interviews, field evaluation, and documentation through technical report writing.

Property SolutionsINC. 323 New Albany Road • Moorestown, New Jersey 08057 • 856-813-3000 • Fax 735 of 1220
856-813-1068

APPENDIX A

FIGURES
736 of 1220
Subject
Property
US DEPARTMENT OF THE INTERIOR GEOLOGICAL SURVEY 7.5’ TOPOGRAPHIC QUADRANGLE South Sonoma
APNs 046-286-021 & 144-050- Project No.: 20113209 Property Solutions Inc. 009 Cotati, California
Topo Quad Name: Cotati, California Property Boundaries are Approximate 737 of 1220
Subject
Property

TAX MAP
South Sonoma
APNs 046-286-021 & 144-050-009
Cotati, California
Project No.: 20113209
Property Solutions Inc.
738 of 1220
Subject
Property

TAX MAP
South Sonoma
APNs 046-286-021 & 144-050-009 Project No.: 20113209
Property Solutions Inc. Cotati, California
739 of 1220
Subject
Property

WETLAND MAP
South Sonoma
APNs 046-286-021 & 144-050-009 Project No.: 20113209
Property Solutions Inc. Cotati, California
740 of 1220

APPENDIX B

PROPERTY DIAGRAM
741 of 1220














 







PROPERTY DIAGRAM
South Sonoma
APN 144-050-009 & 046-286-021
Cotati, Sonoma County, California 94931




  Not to Scale
 Project No.: 20113209

 Property Solutions Inc.
 
 N
Environmental & Engineering Consulting
323 New Albany Road, Moorestown, NJ 08057
Phone: 856-813-3000 & Fax: 856-813-1069
  

742 of 1220

APPENDIX C

PHOTOGRAPHS
743 of 1220
PHOTO 1.

Southern elevation of the subject Property (144-
050-009 lot).

PHOTO 2.

Southern elevation of the subject Property (144-
050-009 lot).

PHOTO 3.

Western elevation of the subject Property (144-
050-009 lot).

Property Solutions Inc.

Project No.: 20113209
744 of 1220
PHOTO 4.

Southern elevation of the subject Property (144-
050-009 lot).

PHOTO 5.

View to the east of the Property.

PHOTO 6.

Former electrical connection on the Property.

Property Solutions Inc.

Project No.: 20113209
745 of 1220
PHOTO 7.

View to the north of the Property.

PHOTO 8.

View to the south of the Property.

PHOTO 9.

View to the west of the Property.

Property Solutions Inc.

Project No.: 20113209
746 of 1220
PHOTO 10.

View to the east of the Property.

PHOTO 11.

PG&E transformer T-8925- located along
sidewalk on western edge of the Property.

PHOTO 12.

PG&E switching equipment SW17397,
SW17421, SW17411, SW17415 - located along
sidewalk on western edge of the Property.

Property Solutions Inc.

Project No.: 20113209
747 of 1220
PHOTO 13.

View to the east of the 046-286-021 lot. Lowes
(7921 Redwood Drive) are in the distance
PHOTO 14.

View to the north of the 046-286-021 lot. In the
distance are 280 and 220 Helman Lane.

PHOTO 15.

View to the west of the 046-286-021 lot. Cotati
Cottages neighborhood is in the distance
Property Solutions Inc.

Project No.: 20113209
748 of 1220
PHOTO 16.

Adjoining property to the south of the 046-286-
021 lot and to the west of the 144-050-009 lot.

PHOTO 17.

Adjoining property to the south of the 046-286-
021 lot and to the west of the 144-050-009 lot.

PHOTO 18.

Adjoining property to the south of the 046-286-
021 lot and to the west of the 144-050-009 lot as
seen from Gravenstein Highway.

Property Solutions Inc.

Project No.: 20113209
749 of 1220
PHOTO 19.

PG&E pole-mounted transformer along
Gravenstein Highway.

PHOTO 20.

Adjoining property to the south- Intersection of
West Cotati Avenue and Gravenstein Highway.

PHOTO 21.

Adjoining property to the south- residence (8260
Gravenstein Highway).

Property Solutions Inc.

Project No.: 20113209
750 of 1220
PHOTO 22.

Adjoining property to the south- Former Minatta
Landscaping/Transportation, now owned by
Shamrock Building Materials (8184 Gravenstein
Highway). This property is a closed LUST site.

PHOTO 23.

Adjoining property to the south- Shamrock
Building Materials (rock) (8150 Gravenstein
Highway).

PHOTO 24.

Adjoining property to the west- Former Red’s
Recovery Room Bar (8175 Gravenstein
Highway).

Property Solutions Inc.

Project No.: 20113209
751 of 1220
PHOTO 25.

Adjoining property to the west- residence (7545
Alder Avenue).

PHOTO 26.

Adjoining property to the west- undeveloped
property.

PHOTO 27.

Adjoining property to the west- residence (7515
Alder Avenue).

Property Solutions Inc.

Project No.: 20113209
752 of 1220
PHOTO 28.

Adjoining property to the west- residence
(Cotati Cottages neighborhood).

Property Solutions Inc.

Project No.: 20113209
753 of 1220

APPENDIX D

USER CORRESPONDENCE
754 of 1220
Not provided
755 of 1220

APPENDIX E

AERIAL PHOTOGRAPHS
756 of 1220
Subject
Property
1953 AERIAL PHOTOGRAPH
South Sonoma
Northeast Corner of Route 116 &
Alder Avenue Project No.: 2113209
Property Solutions Inc.

Cotati, California
Aerial Company & Location: EDR Property Boundaries are Approximate 757 of 1220
Subject
Property
1965 AERIAL PHOTOGRAPH
South Sonoma
Northeast Corner of Route 116 &
Alder Avenue Project No.: 2113209
Property Solutions Inc.

Cotati, California
Aerial Company & Location: EDR Property Boundaries are Approximate 758 of 1220
Subject
Property
1974 AERIAL PHOTOGRAPH
South Sonoma
Northeast Corner of Route 116 &
Alder Avenue Project No.: 2113209
Property Solutions Inc.

Cotati, California
Aerial Company & Location: EDR Property Boundaries are Approximate 759 of 1220
Subject
Property
1982 AERIAL PHOTOGRAPH
South Sonoma
Northeast Corner of Route 116 &
Alder Avenue Project No.: 2113209
Property Solutions Inc.

Cotati, California
Aerial Company & Location: EDR Property Boundaries are Approximate 760 of 1220
Subject
Property
1993 AERIAL PHOTOGRAPH
South Sonoma
Northeast Corner of Route 116 &
Alder Avenue Project No.: 2113209
Property Solutions Inc.

Cotati, California
Aerial Company & Location: EDR Property Boundaries are Approximate 761 of 1220
Subject
Property
1998 AERIAL PHOTOGRAPH
South Sonoma
Northeast Corner of Route 116 &
Alder Avenue Project No.: 2113209
Property Solutions Inc.

Cotati, California
Aerial Company & Location: EDR Property Boundaries are Approximate 762 of 1220
Subject
Property
2003 AERIAL PHOTOGRAPH
South Sonoma
Northeast Corner of Route 116 &
Alder Avenue Project No.: 2113209
Property Solutions Inc.

Cotati, California
Aerial Company & Location: Terraserver Property Boundaries are Approximate 763 of 1220
Subject
Property
2005 AERIAL PHOTOGRAPH
South Sonoma
Northeast Corner of Route 116 &
Alder Avenue Project No.: 2113209
Property Solutions Inc.

Cotati, California
Aerial Company & Location: EDR Property Boundaries are Approximate 764 of 1220
Subject
Property
2006 AERIAL PHOTOGRAPH
South Sonoma
Northeast Corner of Route 116 &
Alder Avenue Project No.: 2113209
Property Solutions Inc.

Cotati, California
Aerial Company & Location: EDR Property Boundaries are Approximate 765 of 1220
Subject
Property
2007 AERIAL PHOTOGRAPH
South Sonoma
Northeast Corner of Route 116 &
Alder Avenue Project No.: 2113209
Property Solutions Inc.

Cotati, California
Aerial Company & Location: Terraserver Property Boundaries are Approximate 766 of 1220
Subject
Property
2010 AERIAL PHOTOGRAPH
South Sonoma
Northeast Corner of Route 116 &
Alder Avenue Project No.: 2113209
Property Solutions Inc.

Cotati, California
Aerial Company & Location: Terraserver Property Boundaries are Approximate 767 of 1220

APPENDIX F

HISTORIC MAPS
768 of 1220
South Sonoma Capital Partners
200 Helman Lane & NEC Alder and Rt 116
Cotati, CA 94931
Inquiry Number: 3109254.3
June 28, 2011
Certified Sanborn® Map Report
769 of 1220
Certified Sanborn® Map Report 6/28/11
Site Name: Client Name:

South Sonoma Capital Partners Property Solutions, Inc.
200 Helman Lane & NEC Alder 323 New Albany Road
Cotati, CA 94931 Moorestown, NJ 08057
EDR Inquiry # 3109254.3 Contact: Brian Gallagher
The complete Sanborn Library collection has been searched by EDR, and fire insurance maps covering the target property location provided by Property Solutions, Inc. were identified for the years listed below. The certified Sanborn Library search results in this report can be authenticated by visiting www.edrnet.com/sanborn and entering the certification number. Only Environmental Data Resources Inc. (EDR) is authorized to grant rights for commercial reproduction of maps by Sanborn Library LLC, the copyright holder for the collection.

Certified Sanborn Results:

Site Name:

Address:

South Sonoma Capital Partners
200 Helman Lane & NEC Alder and Rt 116
City, State, Zip: Cotati, CA 94931
Cross Street:

P.O. #
Project:

Certification #
20113209-3210
20113209-3210
6598-4C7B-B950
Sanborn® Library search results
Certification # 6598-4C7B-B950
The Sanborn Library includes more than 1.2 million
Sanborn fire insurance maps, which track historical
property usage in approximately 12,000 American
cities and towns. Collections searched:

UNMAPPED PROPERTY
This report certifies that the complete holdings of the Sanborn Library, LLC collection have been searched based on client supplied target property information, and fire insurance maps covering the target property were not found. Library of Congress University Publications of America
EDR Private Collection
The Sanborn Library LLC Since 1866™
Limited Permission To Make Copies
Property Solutions, Inc. (the client) is permitted to make up to THREE photocopies of this Sanborn Map transmittal and each fire insurance map accompanying this report solely for the limited use of its customer. No one other than the client is authorized to make copies. Upon request made directly to an EDR Account Executive, the client may be permitted to make a limited number of additional photocopies. This permission is conditioned upon compliance by the client, its customer and their agents with EDR's copyright policy; a copy of which is available upon request.

Disclaimer - Copyright and Trademark notice
This Report contains certain information obtained from a variety of public and other sources reasonably available to Environmental Data Resources, Inc. It cannot be concluded from this Report that coverage information for the target and surrounding properties does not exist from other sources. NO WARRANTY EXPRESSED OR IMPLIED, IS MADE WHATSOEVER IN CONNECTION WITH THIS REPORT. ENVIRONMENTAL DATA RESOURCES, INC. SPECIFICALLY DISCLAIMS THE MAKING OF ANY SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. ALL RISK IS ASSUMED BY THE USER. IN NO EVENT SHALL ENVIRONMENTAL DATA RESOURCES, INC. BE LIABLE TO ANYONE, WHETHER ARISING OUT OF

ERRORS OR OMISSIONS, NEGLIGENCE, ACCIDENT OR ANY OTHER CAUSE, FOR ANY LOSS OF DAMAGE, INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL CONSEQUENTIAL, OR EXEMPLARY DAMAGES. ANY LIABILITY ON THE PART OF ENVIRONMENTAL DATA RESOURCES, INC. IS STRICTLY LIMITED TO A REFUND OF THE AMOUNT PAID FOR THIS REPORT. Purchaser accepts this Report "AS IS". Any analyses, estimates, ratings, environmental risk levels or risk codes provided in this Report are provided for illustrative purposes only, and are not intended to provide, nor should they be interpreted as providing any facts regarding, or prediction or forecast of, any environmental risk for any property. Only a Phase I Environmental Site Assessment performed by an environmental professional can provide information regarding the environmental risk for any property. Additionally, the information provided in this Report is not to be construed as legal advice.

Copyright 2011 by Environmental Data Resources, Inc. All rights reserved. Reproduction in any media or format, in whole or in part, of any report or map of Environmental Data Resources, Inc., or its affiliates, is prohibited without prior written permission.

EDR and its logos (including Sanborn and Sanborn Map) are trademarks of Environmental Data Resources, Inc. or its affiliates. All other trademarks used herein are the property of their respective owners.
3109254 - 3 page 2
770 of 1220

APPENDIX G

PREVIOUS REPORTS

AND PLANS
771 of 1220
Not provided
772 of 1220

APPENDIX H

CHAIN OF TITLE /

ENVIRONMENTAL LIENS
773 of 1220
Not provided
774 of 1220

APPENDIX I

CORRESPONDENCE
775 of 1220
Assessor Inquiry Page 1 of 1
sonoma County Assessor
Information as of Lien Date January 1st 2010
Beta View Maps
Property Information
Assessor Parcel Number (APN)
Assessment Number
Tax Rate Area (TRA)
Current Document Number
Current Document Date
Lot Size(Acres)
144-050-009-000
144-050-009-000
008-015
2002R063019
04/23/2002

7.17 Lot Size(SqFt)
Roll Values
Land 400,000
400,000
400,000
Structure
Fixtures
Fixtures RP
Growing
Total Land and Improvements
Personal Property MH
Business Property
Homeowners Exemption (HOX)
Other Exemptions
Net Assessment
https://common1.mptsweb.com/megabytecommonsite/(sbc5vqme3icdn1nrrrisbg45)/Public... 6/28/2011 776 of 1220
Assessor Inquiry Page 1 of 1
sonoma County Assessor
Information as of Lien Date January 1st 2010
Beta View Maps
Property Information
Assessor Parcel Number (APN)
Assessment Number
Tax Rate Area (TRA)
Current Document Number
Current Document Date
Lot Size(Acres)
046-286-021-000
046-286-021-000
008-020
2004R083407
06/01/2004

0.65 Lot Size(SqFt) 28314.00
Roll Values
Land 50,000
50,000
50,000
Structure
Fixtures
Fixtures RP
Growing
Total Land and Improvements
Personal Property MH
Business Property
Homeowners Exemption (HOX)
Other Exemptions
Net Assessment
https://common1.mptsweb.com/megabytecommonsite/(iyxvhm55ximmv055jfz2fj2n)/Publi... 6/28/2011 777 of 1220
Property SolutionsINC.

Environmental & Engineering Consulting
323 New Albany Road • Moorestown, New Jersey 08057 • 856-813-3000 • Fax 856-813-1073 June 28, 2011
City of Cotati
Planning & Development
201 West Sierra Avenue
Cotati, CA 94931
Re: South Sonoma Capital
200 Helman Lane and NEC of Alder and Route 116
Cotati, Sonoma County, California
Property Solutions Inc Project: 20113209-3210
Dear Freedom of Information Officer:

Property Solutions Inc. is conducting a Phase I Environmental Assessment & a Property Condition Assessment of the aforementioned property. As part of a property assessment, we wish to determine whether government agencies possess records on the subject property that may include potential environmental concerns. We request information on the following:
ꢀ
ꢀ
Outstanding building code violations
Permits for Underground or Aboveground Storage Tanks (UST/AST), installation or removal for the current building or any other prior building on this property ꢀ
ꢀ
Demolition/renovation permits for the current building of any other prior building on this property Dates of when building permits and Certificate of Occupancy were issued If you have any questions, please call me at 856-813-3000 ext 245, or email me at [email protected]. If you have no information on the property, please fill in the box below and fax back to me at 856-813-1073. Thank you for your assistance.

Sincerely,
Property Solutions Inc. No Files for subject property or address Name: _____________________________
Title: ______________________________
Phone: _____________________________
Lyla Gray-Etherson, Environmental Coordinator
[email protected]
856-813-3000 ext 245
X _________________________ _________
Signature Date
SERVING YOUR NEEDS NATIONWIDE FROM OUR OFFICES IN:

PHILA • NY • CHICAGO • LA • DALLAS • PORTLAND • ATLANTA • BALTIMORE778 of 1220 Property SolutionsINC.

Environmental & Engineering Consulting
323 New Albany Road • Moorestown, New Jersey 08057 • 856-813-3000 • Fax 856-813-1073 June 28, 2011
City of Cotati
Planning & Development
201 West Sierra Avenue
Cotati, CA 94931
Re: South Sonoma Capital
200 Helman Lane and NEC of Alder and Route 116
Cotati, Sonoma County, California
Property Solutions Inc Project: 20113209-3210
Dear Freedom of Information Officer:

Property Solutions Inc. is conducting a Phase I Environmental Assessment & a Property Condition Assessment of the aforementioned property. As part of a property assessment, we wish to determine whether government agencies possess records on the subject property that may include potential concerns. We request information on the following:
ꢀ The current zoning designation of the subject property and when it received this designation
ꢀ The zoning designation of the subject property prior to receiving the current designation If you have any questions, please call me at 856-813-3000 ext 245, or email me at [email protected]. If you have no information on the property, please fill in the box below and fax back to me at 856-813-1073. Thank you for your assistance.

Sincerely,
Property Solutions Inc. No Files for subject property or address Name: _____________________________
Title: ______________________________
Phone: _____________________________
Lyla Gray-Etherson, Environmental Coordinator
[email protected]
856-813-3000 ext 245
X _________________________ _________
Signature Date
SERVING YOUR NEEDS NATIONWIDE FROM OUR OFFICES IN:

PHILA • NY • CHICAGO • LA • DALLAS • PORTLAND • ATLANTA • BALTIMORE779 of 1220 Property SolutionsINC.

Environmental & Engineering Consulting
323 New Albany Road • Moorestown, New Jersey 08057 • 856-813-3000 • Fax 856-813-1073 June 28, 2011
City of Cotati
Fire Department
201 West Sierra Avenue
Cotati, CA 94931
Re: South Sonoma Capital
200 Helman Lane and NEC of Alder and Route 116
Cotati, Sonoma County, California
Property Solutions Inc Project: 20113209-3210
Dear Freedom of Information Officer:

Property Solutions Inc. is conducting a Phase I Environmental Assessment & a Property Condition Assessment of the aforementioned property. As part of a property assessment, we wish to determine whether government agencies possess records on the subject property that may include potential concerns. We request information on the following:
ꢀ
ꢀ
ꢀ
ꢀ
ꢀ
ꢀ
ꢀ
Outstanding fire code violations
Fires or spills
Outstanding building code violations
Permits for Underground or Aboveground Storage Tanks (UST/AST), installation or removal Demolition/renovation permits
The date of the last fire inspection
The date when the Certificate of Occupancy was issued
If you have any questions, please call me at 856-813-3000 ext 245, or email me at [email protected]. If you have no information on the property, please fill in the box below and fax back to me at 856-813-1073. Thank you for your assistance.

Sincerely,
Property Solutions Inc. No Files for subject property or address Name: _____________________________
Title: ______________________________
Phone: _____________________________
Lyla Gray-Etherson, Environmental Coordinator
[email protected]
856-813-3000 ext 245
X _________________________ _________
Signature Date
SERVING YOUR NEEDS NATIONWIDE FROM OUR OFFICES IN:

PHILA • NY • CHICAGO • LA • DALLAS • PORTLAND • ATLANTA • BALTIMORE780 of 1220 Property SolutionsINC.

Environmental & Engineering Consulting
323 New Albany Road • Moorestown, New Jersey 08057 • 856-813-3000 • Fax 856-813-1073 April 4, 2011
Sonoma County Fire Department
2300 County Center Drive
Suite 221A
Santa Rosa, CA 95403
VIA FACSIMILE: (707) 565-1172
Re: South Sonoma Capital
200 Helman Lane and NEC of Alder and Route 116
Cotati, Sonoma County, California
Property Solutions Inc Project: 20113209-3210
Dear Freedom of Information Officer:

Property Solutions Inc. is conducting a Phase I Environmental Assessment & a Property Condition Assessment of the aforementioned property. As part of a property assessment, we wish to determine whether government agencies possess records on the subject property that may include potential concerns. We request information on the following:
ꢀ
ꢀ
ꢀ
ꢀ
ꢀ
ꢀ
ꢀ
Outstanding fire code violations
Fires or spills
Outstanding building code violations
Permits for Underground or Aboveground Storage Tanks (UST/AST), installation or removal Demolition/renovation permits
The date of the last fire inspection
The date when the Certificate of Occupancy was issued
If you have any questions, please call me at 856-813-3000 ext 245, or email me at [email protected]. If you have no information on the property, please fill in the box below and fax back to me at 856-813-1073. Thank you for your assistance.

Sincerely,
Property Solutions Inc. No Files for subject property or address Name: _____________________________
Title: ______________________________
Phone: _____________________________
Lyla Gray-Etherson, Environmental Coordinator
[email protected]
856-813-3000 ext 245
X _________________________ _________
Signature Date
SERVING YOUR NEEDS NATIONWIDE FROM OUR OFFICES IN:

PHILA • NY • CHICAGO • LA • DALLAS • PORTLAND • ATLANTA • BALTIMORE781 of 1220 Property SolutionsINC.

Environmental & Engineering Consulting
323 New Albany Road • Moorestown, New Jersey 08057 • 856-813-3000 • Fax 856-813-1073 April 4, 2011
Sonoma County Environmental Health Division
475 Aviation Boulevard, Suite 22o
Santa Rosa, CA 95403
Fax: 707-565-6525
Re: South Sonoma Capital
200 Helman Lane and NEC of Alder and Route 116
Cotati, Sonoma County, California
Property Solutions Inc Project: 20113209-3210
Dear Freedom of Information Officer:

Property Solutions Inc. is conducting a Phase I Environmental Assessment of the aforementioned property. As part of a property assessment, we wish to determine whether government agencies possess records on the subject property that may include potential environmental concerns. We request information on the following:
ꢀ UST/AST removal or installation
ꢀ LBP or ACM abatement
ꢀ Hazardous releases or responses
ꢀ Environmental health code violations
ꢀ Water supply concerns
ꢀ Records of any current or prior septic tank systems or wells on the subject property If you have any questions, please call me at 856-813-3000 ext 245, or email me at [email protected]. If you have no information on the property, please fill in the box below and fax back to me at 856-813-1073. Thank you for your assistance.

Sincerely,
Property Solutions Inc. No Files for subject property or address Name: _____________________________
Title: ______________________________
Phone: _____________________________
Lyla Gray-Etherson, Environmental Coordinator
[email protected]
856-813-3000 ext 245
X _________________________ _________
Signature Date
SERVING YOUR NEEDS NATIONWIDE FROM OUR OFFICES IN:

PHILA • NY • CHICAGO • LA • DALLAS • PORTLAND • ATLANTA • BALTIMORE782 of 1220 Property SolutionsINC.

Environmental & Engineering Consulting
323 New Albany Road • Moorestown, New Jersey 08057 • 856-813-3000 • Fax 856-813-1073 June 28, 2011
City of Cotati
Water Department
201 West Sierra Avenue
Cotati, CA 94931
Re: South Sonoma Capital
200 Helman Lane and NEC of Alder and Route 116
Cotati, Sonoma County, California
Property Solutions Inc Project: 20113209-3210
To Whom It May Concern:

Property Solutions Inc. is conducted a Phase I Environmental Assessment of the aforementioned property. As part of the property assessment, we wish to determine the water and sewer provider of the subject property.

If the City of Cotati is indeed the water and sewer provider, please provide me with the following information:
ꢀ Date of water connection
ꢀ Water violations (if applicable)
ꢀ Date of sewer hookup
ꢀ Special sewer permits (if applicable)
ꢀ Sewer discharge violations (if applicable)
If you have any questions, please call me at 856-813-3000 ext 245, or email me at [email protected]. If you have no information on the property, please fill in the box below and fax back to me at 856-813-1073. Thank you for your assistance.

Sincerely,
Property Solutions Inc. No Files for subject property or address Name: _____________________________
Title: ______________________________
Phone: _____________________________
Lyla Gray-Etherson, Environmental Coordinator
[email protected]
856-813-3000 ext 245
X _________________________ _________
Signature Date
SERVING YOUR NEEDS NATIONWIDE FROM OUR OFFICES IN:

PHILA • NY • CHICAGO • LA • DALLAS • PORTLAND • ATLANTA • BALTIMORE783 of 1220 Property SolutionsINC.

Environmental & Engineering Consulting
323 New Albany Road • Moorestown, New Jersey 08057 • 856-813-3000 • Fax 856-813-1073 April 4, 2011
Public Records Coordinator
Department of Toxic Substance Control
8800 Cal Center Drive
Sacramento, CA 95826-3200
VIA FACSIMILE: 916-255-6447
Re: South Sonoma Capital
200 Helman Lane and NEC of Alder and Route 116
Cotati, Sonoma County, California
Property Solutions Inc Project: 20113209-3210
Dear Public Records Coordinator:

Property Solutions Inc. is conducting a Phase I Environmental Assessment at the aforementioned subject property. As part of a property assessment, we wish to determine whether governmental agencies possess records on the subject property that may include potential environmental concerns. These concerns include, but are not limited to hazardous material storage and emergency responses.

If you have any questions, please call me at 856-813-3000 ext 245, or email me at [email protected]. If you have no information on the property, please fill in the box below and fax back to me at 856-813-1073. Thank you for your assistance.

Sincerely,
Property Solutions Inc. No Files for subject property or address Name: _____________________________
Title: ______________________________
Phone: _____________________________
Lyla Gray-Etherson, Environmental Coordinator
[email protected]
856-813-3000 ext 245
X _________________________ _________
Signature Date
SERVING YOUR NEEDS NATIONWIDE FROM OUR OFFICES IN:

PHILA • NY • CHICAGO • LA • DALLAS • PORTLAND • ATLANTA • BALTIMORE784 of 1220 Property SolutionsINC.

Environmental & Engineering Consulting
323 New Albany Road • Moorestown, New Jersey 08057 • 856-813-3000 • Fax 856-813-1073 April 4, 2011
Dona Sturgess, Senior Legal Analyst
California Integrated Waste Management Board
Legal Office – MS 5
P.O. Box 4025
Sacramento, CA 95812-4025
VIA FACSIMILE: 916-341-6082
Re: South Sonoma Capital
200 Helman Lane and NEC of Alder and Route 116
Cotati, Sonoma County, California
Property Solutions Inc Project: 20113209-3210
Dear Ms. Sturgess:

Property Solutions Inc. is conducting a Phase I Environmental Assessment at the aforementioned subject property. As part of a property assessment, we wish to determine whether governmental agencies possess records on the subject property that may include potential environmental concerns. These concerns include, but are not limited to, hazardous materials storage, hazardous releases, and health code violations.

If you have any questions, please call me at 856-813-3000 ext 245, or email me at [email protected]. If you have no information on the property, please fill in the box below and fax back to me at 856-813-1073. Thank you for your assistance.

Sincerely,
Property Solutions Inc. No Files for subject property or address Name: _____________________________
Title: ______________________________
Phone: _____________________________
Lyla Gray-Etherson, Environmental Coordinator
[email protected]
856-813-3000 ext 245
X _________________________ _________
Signature Date
SERVING YOUR NEEDS NATIONWIDE FROM OUR OFFICES IN:

PHILA • NY • CHICAGO • LA • DALLAS • PORTLAND • ATLANTA • BALTIMORE785 of 1220 Property SolutionsINC.

Environmental & Engineering Consulting
323 New Albany Road • Moorestown, New Jersey 08057 • 856-813-3000 • Fax 856-813-1073 April 4, 2011
ATTN: FOIA Officer
Public Records Act Coordinator
SMAQMD
th rd 777 12 Street, 3 Floor
Sacramento, CA 95814-1908
VIA FACSIMILE: 916-874-4805
Re: South Sonoma Capital
200 Helman Lane and NEC of Alder and Route 116
Cotati, Sonoma County, California
Property Solutions Inc Project: 20113209-3210
Dear FOIA Officer:

Property Solutions Inc. is conducting a Phase I Environmental Assessment at the aforementioned subject property. As part of a property assessment, we wish to determine whether governmental agencies possess records on the subject property that may include potential environmental concerns. These concerns include, but are not limited to, hazardous materials storage, hazardous releases, and health code violations.

If you have any questions, please call me at 856-813-3000 ext 245, or email me at [email protected]. If you have no information on the property, please fill in the box below and fax back to me at 856-813-1073. Thank you for your assistance.

Sincerely,
Property Solutions Inc. No Files for subject property or address Name: _____________________________
Title: ______________________________
Phone: _____________________________
Lyla Gray-Etherson, Environmental Coordinator
[email protected]
856-813-3000 ext 245
X _________________________ _________
Signature Date
SERVING YOUR NEEDS NATIONWIDE FROM OUR OFFICES IN:

PHILA • NY • CHICAGO • LA • DALLAS • PORTLAND • ATLANTA • BALTIMORE786 of 1220 787 of 1220
Property SolutionsINC.

Environmental & Engineering Consulting
323 New Albany Road • Moorestown, New Jersey 08057 • 856-813-3000 • Fax 856-813-1073 June 28, 2011
City of Cotati
Planning & Development
201 West Sierra Avenue
Cotati, CA 94931
Re: South Sonoma Capital
200 Helman Lane and NEC of Alder and Route 116
Cotati, Sonoma County, California
Property Solutions Inc Project: 20113209-3210
Dear Freedom of Information Officer:

Property Solutions Inc. is conducting a Phase I Environmental Assessment & a Property Condition Assessment of the aforementioned property. As part of a property assessment, we wish to determine whether government agencies possess records on the subject property that may include potential environmental concerns. We request information on the following:
•
•
Outstanding building code violations
Permits for Underground or Aboveground Storage Tanks (UST/AST), installation or removal for the current building or any other prior building on this property •
•
Demolition/renovation permits for the current building of any other prior building on this property Dates of when building permits and Certificate of Occupancy were issued If you have any questions, please call me at 856-813-3000 ext 245, or email me at [email protected]. If you have no information on the property, please fill in the box below and fax back to me at 856-813-1073. Thank you for your assistance.

Sincerely,
Property Solutions Inc. No Files for subject property or address Name: _____________________________
Title: ______________________________
Phone: _____________________________
Lyla Gray-Etherson, Environmental Coordinator
[email protected]
856-813-3000 ext 245
X _________________________ _________
Signature Date
SERVING YOUR NEEDS NATIONWIDE FROM OUR OFFICES IN:

PHILA • NY • CHICAGO • LA • DALLAS • PORTLAND • ATLANTA • BALTIMORE788 of 1220 Property SolutionsINC.

Environmental & Engineering Consulting
323 New Albany Road • Moorestown, New Jersey 08057 • 856-813-3000 • Fax 856-813-1073 June 28, 2011
City of Cotati
Planning & Development
201 West Sierra Avenue
Cotati, CA 94931
Re: South Sonoma Capital
200 Helman Lane and NEC of Alder and Route 116
Cotati, Sonoma County, California
Property Solutions Inc Project: 20113209-3210
Dear Freedom of Information Officer:

Property Solutions Inc. is conducting a Phase I Environmental Assessment & a Property Condition Assessment of the aforementioned property. As part of a property assessment, we wish to determine whether government agencies possess records on the subject property that may include potential concerns. We request information on the following:
• The current zoning designation of the subject property and when it received this designation
• The zoning designation of the subject property prior to receiving the current designation If you have any questions, please call me at 856-813-3000 ext 245, or email me at [email protected]. If you have no information on the property, please fill in the box below and fax back to me at 856-813-1073. Thank you for your assistance.

Sincerely,
Property Solutions Inc. No Files for subject property or address Name: _____________________________
Title: ______________________________
Phone: _____________________________
Lyla Gray-Etherson, Environmental Coordinator
[email protected]
856-813-3000 ext 245
X _________________________ _________
Signature Date
SERVING YOUR NEEDS NATIONWIDE FROM OUR OFFICES IN:

PHILA • NY • CHICAGO • LA • DALLAS • PORTLAND • ATLANTA • BALTIMORE789 of 1220 Property SolutionsINC.

Environmental & Engineering Consulting
323 New Albany Road • Moorestown, New Jersey 08057 • 856-813-3000 • Fax 856-813-1073 June 28, 2011
City of Cotati
Fire Department
201 West Sierra Avenue
Cotati, CA 94931
Re: South Sonoma Capital
200 Helman Lane and NEC of Alder and Route 116
Cotati, Sonoma County, California
Property Solutions Inc Project: 20113209-3210
Dear Freedom of Information Officer:

Property Solutions Inc. is conducting a Phase I Environmental Assessment & a Property Condition Assessment of the aforementioned property. As part of a property assessment, we wish to determine whether government agencies possess records on the subject property that may include potential concerns. We request information on the following:
•
•
•
•
•
•
•
Outstanding fire code violations
Fires or spills
Outstanding building code violations
Permits for Underground or Aboveground Storage Tanks (UST/AST), installation or removal Demolition/renovation permits
The date of the last fire inspection
The date when the Certificate of Occupancy was issued
If you have any questions, please call me at 856-813-3000 ext 245, or email me at [email protected]. If you have no information on the property, please fill in the box below and fax back to me at 856-813-1073. Thank you for your assistance.

Sincerely,
Property Solutions Inc. No Files for subject property or address Name: _____________________________
Title: ______________________________
Phone: _____________________________
Lyla Gray-Etherson, Environmental Coordinator
[email protected]
856-813-3000 ext 245
X _________________________ _________
Signature Date
SERVING YOUR NEEDS NATIONWIDE FROM OUR OFFICES IN:

PHILA • NY • CHICAGO • LA • DALLAS • PORTLAND • ATLANTA • BALTIMORE790 of 1220 Property SolutionsINC.

Environmental & Engineering Consulting
323 New Albany Road • Moorestown, New Jersey 08057 • 856-813-3000 • Fax 856-813-1073 April 4, 2011
Sonoma County Fire Department
2300 County Center Drive
Suite 221A
Santa Rosa, CA 95403
VIA FACSIMILE: (707) 565-1172
Re: South Sonoma Capital
200 Helman Lane and NEC of Alder and Route 116
Cotati, Sonoma County, California
Property Solutions Inc Project: 20113209-3210
Dear Freedom of Information Officer:

Property Solutions Inc. is conducting a Phase I Environmental Assessment & a Property Condition Assessment of the aforementioned property. As part of a property assessment, we wish to determine whether government agencies possess records on the subject property that may include potential concerns. We request information on the following:
•
•
•
•
•
•
•
Outstanding fire code violations
Fires or spills
Outstanding building code violations
Permits for Underground or Aboveground Storage Tanks (UST/AST), installation or removal Demolition/renovation permits
The date of the last fire inspection
The date when the Certificate of Occupancy was issued
If you have any questions, please call me at 856-813-3000 ext 245, or email me at [email protected]. If you have no information on the property, please fill in the box below and fax back to me at 856-813-1073. Thank you for your assistance.

Sincerely,
Property Solutions Inc. No Files for subject property or address Name: _____________________________
Title: ______________________________
Phone: _____________________________
Lyla Gray-Etherson, Environmental Coordinator
[email protected]
856-813-3000 ext 245
X _________________________ _________
Signature Date
SERVING YOUR NEEDS NATIONWIDE FROM OUR OFFICES IN:

PHILA • NY • CHICAGO • LA • DALLAS • PORTLAND • ATLANTA • BALTIMORE791 of 1220 Property SolutionsINC.

Environmental & Engineering Consulting
323 New Albany Road • Moorestown, New Jersey 08057 • 856-813-3000 • Fax 856-813-1073 April 4, 2011
Sonoma County Environmental Health Division
475 Aviation Boulevard, Suite 22o
Santa Rosa, CA 95403
Fax: 707-565-6525
Re: South Sonoma Capital
200 Helman Lane and NEC of Alder and Route 116
Cotati, Sonoma County, California
Property Solutions Inc Project: 20113209-3210
Dear Freedom of Information Officer:

Property Solutions Inc. is conducting a Phase I Environmental Assessment of the aforementioned property. As part of a property assessment, we wish to determine whether government agencies possess records on the subject property that may include potential environmental concerns. We request information on the following:
• UST/AST removal or installation
• LBP or ACM abatement
• Hazardous releases or responses
• Environmental health code violations
• Water supply concerns
• Records of any current or prior septic tank systems or wells on the subject property If you have any questions, please call me at 856-813-3000 ext 245, or email me at [email protected]. If you have no information on the property, please fill in the box below and fax back to me at 856-813-1073. Thank you for your assistance.

Sincerely,
Property Solutions Inc. No Files for subject property or address Name: _____________________________
Title: ______________________________
Phone: _____________________________
Lyla Gray-Etherson, Environmental Coordinator
[email protected]
856-813-3000 ext 245
X _________________________ _________
Signature Date
SERVING YOUR NEEDS NATIONWIDE FROM OUR OFFICES IN:

PHILA • NY • CHICAGO • LA • DALLAS • PORTLAND • ATLANTA • BALTIMORE792 of 1220 Property SolutionsINC.

Environmental & Engineering Consulting
323 New Albany Road • Moorestown, New Jersey 08057 • 856-813-3000 • Fax 856-813-1073 June 28, 2011
City of Cotati
Water Department
201 West Sierra Avenue
Cotati, CA 94931
Re: South Sonoma Capital
200 Helman Lane and NEC of Alder and Route 116
Cotati, Sonoma County, California
Property Solutions Inc Project: 20113209-3210
To Whom It May Concern:

Property Solutions Inc. is conducted a Phase I Environmental Assessment of the aforementioned property. As part of the property assessment, we wish to determine the water and sewer provider of the subject property.

If the City of Cotati is indeed the water and sewer provider, please provide me with the following information:
• Date of water connection
• Water violations (if applicable)
• Date of sewer hookup
• Special sewer permits (if applicable)
• Sewer discharge violations (if applicable)
If you have any questions, please call me at 856-813-3000 ext 245, or email me at [email protected]. If you have no information on the property, please fill in the box below and fax back to me at 856-813-1073. Thank you for your assistance.

Sincerely,
Property Solutions Inc. No Files for subject property or address Name: _____________________________
Title: ______________________________
Phone: _____________________________
Lyla Gray-Etherson, Environmental Coordinator
[email protected]
856-813-3000 ext 245
X _________________________ _________
Signature Date
SERVING YOUR NEEDS NATIONWIDE FROM OUR OFFICES IN:

PHILA • NY • CHICAGO • LA • DALLAS • PORTLAND • ATLANTA • BALTIMORE793 of 1220 Property SolutionsINC.

Environmental & Engineering Consulting
323 New Albany Road • Moorestown, New Jersey 08057 • 856-813-3000 • Fax 856-813-1073 April 4, 2011
Public Records Coordinator
Department of Toxic Substance Control
8800 Cal Center Drive
Sacramento, CA 95826-3200
VIA FACSIMILE: 916-255-6447
Re: South Sonoma Capital
200 Helman Lane and NEC of Alder and Route 116
Cotati, Sonoma County, California
Property Solutions Inc Project: 20113209-3210
Dear Public Records Coordinator:

Property Solutions Inc. is conducting a Phase I Environmental Assessment at the aforementioned subject property. As part of a property assessment, we wish to determine whether governmental agencies possess records on the subject property that may include potential environmental concerns. These concerns include, but are not limited to hazardous material storage and emergency responses.

If you have any questions, please call me at 856-813-3000 ext 245, or email me at [email protected]. If you have no information on the property, please fill in the box below and fax back to me at 856-813-1073. Thank you for your assistance.

Sincerely,
Property Solutions Inc. No Files for subject property or address Name: _____________________________
Title: ______________________________
Phone: _____________________________
Lyla Gray-Etherson, Environmental Coordinator
[email protected]
856-813-3000 ext 245
X _________________________ _________
Signature Date
SERVING YOUR NEEDS NATIONWIDE FROM OUR OFFICES IN:

PHILA • NY • CHICAGO • LA • DALLAS • PORTLAND • ATLANTA • BALTIMORE794 of 1220 Property SolutionsINC.

Environmental & Engineering Consulting
323 New Albany Road • Moorestown, New Jersey 08057 • 856-813-3000 • Fax 856-813-1073 April 4, 2011
Dona Sturgess, Senior Legal Analyst
California Integrated Waste Management Board
Legal Office – MS 5
P.O. Box 4025
Sacramento, CA 95812-4025
VIA FACSIMILE: 916-341-6082
Re: South Sonoma Capital
200 Helman Lane and NEC of Alder and Route 116
Cotati, Sonoma County, California
Property Solutions Inc Project: 20113209-3210
Dear Ms. Sturgess:

Property Solutions Inc. is conducting a Phase I Environmental Assessment at the aforementioned subject property. As part of a property assessment, we wish to determine whether governmental agencies possess records on the subject property that may include potential environmental concerns. These concerns include, but are not limited to, hazardous materials storage, hazardous releases, and health code violations.

If you have any questions, please call me at 856-813-3000 ext 245, or email me at [email protected]. If you have no information on the property, please fill in the box below and fax back to me at 856-813-1073. Thank you for your assistance.

Sincerely,
Property Solutions Inc. No Files for subject property or address Name: _____________________________
Title: ______________________________
Phone: _____________________________
Lyla Gray-Etherson, Environmental Coordinator
[email protected]
856-813-3000 ext 245
X _________________________ _________
Signature Date
SERVING YOUR NEEDS NATIONWIDE FROM OUR OFFICES IN:

PHILA • NY • CHICAGO • LA • DALLAS • PORTLAND • ATLANTA • BALTIMORE795 of 1220 Property SolutionsINC.

Environmental & Engineering Consulting
323 New Albany Road • Moorestown, New Jersey 08057 • 856-813-3000 • Fax 856-813-1073 April 4, 2011
ATTN: FOIA Officer
Public Records Act Coordinator
SMAQMD
th rd 777 12 Street, 3 Floor
Sacramento, CA 95814-1908
VIA FACSIMILE: 916-874-4805
Re: South Sonoma Capital
200 Helman Lane and NEC of Alder and Route 116
Cotati, Sonoma County, California
Property Solutions Inc Project: 20113209-3210
Dear FOIA Officer:

Property Solutions Inc. is conducting a Phase I Environmental Assessment at the aforementioned subject property. As part of a property assessment, we wish to determine whether governmental agencies possess records on the subject property that may include potential environmental concerns. These concerns include, but are not limited to, hazardous materials storage, hazardous releases, and health code violations.

If you have any questions, please call me at 856-813-3000 ext 245, or email me at [email protected]. If you have no information on the property, please fill in the box below and fax back to me at 856-813-1073. Thank you for your assistance.

Sincerely,
Property Solutions Inc. No Files for subject property or address Name: _____________________________
Title: ______________________________
Phone: _____________________________
Lyla Gray-Etherson, Environmental Coordinator
[email protected]
856-813-3000 ext 245
X _________________________ _________
Signature Date
SERVING YOUR NEEDS NATIONWIDE FROM OUR OFFICES IN:

PHILA • NY • CHICAGO • LA • DALLAS • PORTLAND • ATLANTA • BALTIMORE796 of 1220 OFFICE of ENVIRONMENTAL HEALTH HAZARD ASSESSMENT
1001 I Street
Post Office Box 4010, MS 23B (#58c)
Sacramento, CA 95812-4010
Attn: Monet Vela
Fax (916) 323-2610
[email protected]
California Public Records Act Request
Name of Individual and/or Company Requesting Records: Date:

Property Solutions Inc April 4, 2011
Address: 323 New Albany Road
City: Moorestown State: NJ Zip Code: 08057
Telephone: Fax: E-Mail Address: Contact Person:
856-813-3000x245 856-813-1073 [email protected] Lyla Gray-Etherson Please complete one copy of this form for each Public Records Act request. Mail, fax, or e-mail the form. You will be advised as to whether or not we have records subject to release within 10 calendar days of receipt of the request. There will be a $0.25 per page charge, and you will be notified of the cost in advance of copies being made. There will be additional charges for copies of information in other forms (i.e., cassette tapes, VHS, etc.).

REQUEST FOR RECORDS PERTAINING TO:

Name: Facility Name, Location, Project, Individual, etc.

HSouth Sonoma Capital
Address: 200 Helman Lane and NEC of Alder and Route 116 City: HCotati State: CA Zip Code:

Specify Types of Information Requested:

Any enforcement, documentation, hazardous materials, spill incidents, underground storage tanks, other environmental issues to Complete our Phase I Environmental Assessment.
797 of 1220
2009 Water Quality Report
Water System 4910016
Este informe contiene información muy importante sobre su agua potable.

Tradúzcalo o hable con alguien que lo entienda bien.

Your Drinking Water Sources and Treatment
2009, approximately 35% of the drinkwatersheds supply the water which is ing water in Cotati came from the The City of Cotati’s (Cotati) drinking
water consists entirely of groundwater
and is supplied by the Sonoma County
Water Agency (SCWA) and three local
groundwater wells owned by Cotati.
noma) and Eel River (Lake Pillsbury)
used to replenish the groundwater city’s groundwater wells. around the SCWA’s radial collectors.

This water, filtered by the sand and
gravel beds beneath the river, is called
“river-bank filtration”. The natural
filtration removes organic material
and turbidity, leaving highly filtered
drinking water for over 600,000 residents of Sonoma and Marin counties.

The only required treatment is for
bacterial and pathogen disinfection
and pH adjustment. To accomplish
this, the SCWA treats the water with
chlorine for disinfection, and sodium
hydroxide to adjust the pH before it is
delivered to the various water districts and cities, including Cotati.

Wells 1A and 3 have elevated manganese and iron levels in the raw (untreated water). Both of these compounds are naturally occurring in the groundwater. However, they are of
aesthetic concern because they can
cause taste, odor and staining issues if
left untreated. To address this, Cotati
treats the raw water from Wells 1A
and 3 by filtering the water. This
process reduces the levels in the finished water so that they are no longer an aesthetic concern.

The SCWA water supply originates from
six specialized wells (commonly called
Table of Contents
Definitions 2
2 3
Water Conservation
Table of Detected Constituents in
Source Water
Source Water Assessment
Water Supply Update
3 4
Description and Origin of Drinking
Water Contaminants
5 Measure A Update
Important Health Information
How to Participate
5 6
The pH adjustment is necessary to
comply with federal Environmental
Protection Agency (EPA) regulations
on the copper content in drinking water. Raising the pH helps minimize the leaching of copper and other metOn April 13, 2010 Cotati voters approved Measure A, a ½ cent local sales tax over a five year time period. Revenue generated by Measure A can only be used in Cotati, and
cannot be taken by the State. There
are many needs in the City for Measure A funds - from park and road projects, to filling police officer and other positions and programs that have
been eliminated. Priorities for the
funding will be established by City
Council, with an emphasis on building reserves, establishing long-term financial stability, and providing
quality services. With your participation in the City's budget process, you can help to allocate our limited re-
“radial collectors”) along the Russian
River at Wohler Road and Westside
Road (near Forestville), three conventional groundwater wells along the Rus- als from the distribution pipe and insian River in the same area, and three conventional wells in the Santa Rosa
Plain near Occidental and Todd Roads
(See Page 4).
terior home plumbing, which extends
the life of piping and also prevents
elevated levels of copper in the wastewater, which is expensive to treat.

Cotati receives SCWA water through
two connections with a SCWA transmission pipeline as it passes through the city.

Cotati has three groundwater wells;
Well 1A is near the downtown hub;
Well 2 is near Ladybug Park (inside
Cotati city limits); and Well 3 is near sources and continue to improve our the western city limits. Water from
Cotati’s wells are used to supplement
water received from the SCWA. In
community.

Three main reservoirs in the Russian
River (Lake Mendocino and Lake So798 of 1220