Exhibit A - Proposed Serpas Ranch Grant of Deed Restrictions.pdf

RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: )
)
City of Fairfield
1000 Webster Street, 3rd floor
Fairfield, CA 94533 )
Attention: City Engineer )
____________________________________________________________________ Space Above Line for Recorder's Use Only

GRANT OF DEED RESTRICTIONS
THIS GRANT OF DEED RESTRICTIONS (“Grant of Deed Restrictions”) has been executed as of _________________, 2024, by the City of Fairfield (“City”), a municipal corporation, with respect to that certain real property containing approximately 29.36 acres (the “Property”), located in the City of Fairfield, County of Solano, State of California, more particularly described in attached Exhibit A and incorporated herein by this reference.

RECITALS
A. City is the sole owner in fee simple of the Property.

B. This Grant of Deed Restrictions is being executed, delivered, and recorded in the Official Records of Solano County (“Official Records”) to satisfy certain conditions of approval imposed by the US Army Corps of Engineers and the San Francisco Bay Regional Water Quality Control Board (collectively referred to as the “Approving Agencies”), concerning the preservation of the Property for open space and habitat management purposes as part of the Serpas Ranch subdivision development project, as set forth in the following documents (collectively, the “Serpas Ranch Approval Documents”):
(i) The Serpas Ranch Section 404 Mitigation Plan dated November 30, 1998 by Zentner and Zentner (“Mitigation Plan”), attached as Exhibit B; and (ii) The Department of the Army, Corps of Engineers Nationwide Permit Approval dated July 6, 1999, attached as Exhibit C; and (iii) The State of California, California Regional Water Quality Control Board, San Francisco Bay Region Waste Discharge Requirements dated October 20, 1999, attached as Exhibit D.

C. The Property possesses open space, wildlife, and habitat values (the “Conservation Values”), as further described in the Mitigation Plan.

AGREEMENTS
NOW, THEREFORE, in consideration of the above and mutual covenants, terms, conditions and restrictions contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and pursuant to the laws of the State of California, the City hereby declares that the Property, and every part thereof or interest therein, is now held and shall hereafter, in perpetuity (subject to termination only pursuant to Section 5(b) below), be held, managed, occupied, transferred, sold, leased, and conveyed subject to the restrictions (collectively, the "Restrictions") set forth herein. The Restrictions shall burden and run with the Property, and every part thereof or interest therein, and shall be binding on all persons or entities having or acquiring any right, title or interest in the Property, or any part thereof. The Restrictions are intended to be a covenant running with the land in accordance with California Civil Code Section 1461 et seq. and shall only be terminated in accordance with Section 5(b) below.

1. Purposes. The purposes of the Restrictions are to ensure that the existing open space, wildlife, and habitat values of the Property will be forever protected by preventing any use of the Property that would significantly impair or interfere with the Conservation Values (the “Purposes”).

2. Prohibited Uses. Any activity on or use of the Property inconsistent with the Purposes of the Restrictions is prohibited. Without limiting the generality of the foregoing, the City, and its personal representatives, heirs, successors, assigns, employees, agents, lessees, licensees and invitees, are expressly prohibited from doing or permitting any of the following uses and activities on the Property, unless, and only to the extent that, a generally prohibited activity is specified as an approved management practice or permitted use in the Mitigation Plan:
(a) Unseasonal or over-watering; the Mitigation Plan allows irrigation but requires that it be provided “in such a manner as to facilitate proper root development”; (b) Uncontrolled use of fertilizers, pesticides, biocides, herbicides or other agricultural chemicals; the Mitigation Plan allows the use of herbicides under specific conditions, such as control of invasive weeds, but requires that these be kept “to a minimum”; (c) Incompatible weed abatement activities; the Mitigation Plan encourages weed abatement but requires that it be used as part of an “integrated pest management” strategy;
(d) Inappropriate fire protection activities; the Mitigation Plan allows the removal of debris or other flammable material, and mowing or grazing for weed and fire hazard control;
(e) Use of off-road vehicles and use of any other motorized vehicles except by City maintenance personnel or their contractors;
(f) Agricultural activity of any kind, except for grazing used to manage vegetation and weed growth for fire and weed control.
(g) Recreational activities including, but not limited to, hunting or fishing; the Mitigation Plan encourages educational access or similar access managed by the City for educational purposes;
(h) Commercial or industrial uses;
(i) Any legal or de facto division, subdivision or partitioning of the Property or any fee transfer of less than the entire Property;
(j) Construction, reconstruction or placement of any building, billboard, or any other structure or improvement of any kind excepting temporary fencing or other temporary structures used to manage grazing or educational access; (l) Depositing or accumulation of soil, trash, ashes, refuse, waste, bio-solids or any other materials;
(l) Planting, introduction or dispersal of non-native or exotic plant or animal species, except grazing stock;
(m) Filling, dumping, excavating, dredging, mining, drilling, removing or exploring for or extraction of minerals, loam, soil, sands, gravel, rocks or other material on or below the surface of the Property, and granting or authorizing any surface entry for any of these purposes;
(n) Altering the surface or general topography of the Property, including building of roads, paving or otherwise covering the Property with concrete, asphalt, or any other impervious material;
(o) Removing, destroying, or cutting of native trees, shrubs or other vegetation, except as required for vegetation management, removal of flow obstructions, fire breaks, maintenance of existing foot trails or roads, prevention or treatment of disease, utility line clearance, or control of non-native or exotic plants;
(p) Manipulating, draining, impounding or altering any natural water course, body of water or water circulation on the Property, and activities or uses detrimental to water quality, including but not limited to, degradation or pollution of any surface or sub- surface waters except as required to ensure continued flows through the wetlands and streams, including the removal of beaver dams in accordance with California Department of Fish and Wildlife approvals; and
(q) Transferring or abandoning any water or air rights necessary to protect, sustain, maintain or restore the Conservation Values.

3. City’s Reserved Rights. City reserves to itself, and to its personal representatives, heirs, successors, and assigns, all rights accruing from its ownership of the Property, including the right to engage in or to permit or invite others to engage in all uses of the Property that are not expressly prohibited or limited by, and are consistent with, the Purposes of the Restrictions and the terms and conditions of this Grant of Deed Restrictions.

4. Required Notice to Future Lessees and Licensees. Any lease, license, easement, or other rental or use agreement subsequently entered into or made with respect to any portion of the Property, whether written or oral, shall contain an express provision informing the lessee, tenant, licensee or other contracting party of the Restrictions and this Grant of Deed Restrictions and shall require such lessee, tenant, licensee or other contracting party to comply with all such Restrictions and the terms of this Grant of Deed Restrictions throughout the term of such lease, license or rental or use agreement.

5. Conveyances of Property.
(a) If the City conveys the fee interest in all or any portion of the Property to another governmental or quasi-governmental entity, then upon such conveyance, the party receiving title to the Property, or portion thereof, shall confirm in writing the continued legal effectiveness of the terms and conditions this Grant of Deed Restrictions following such conveyance and shall cause to be recorded in the Official Records such instruments as the City may reasonably request to effectuate such confirmation or continue the effectiveness of the Restrictions following such transfer. (b) Before the City conveys the fee interest in all or any portion of the Property to any party other than a governmental or quasi-governmental entity, the City shall first enter into, and record in the Official Records, a conservation easement that fully satisfies all the following requirements (the “Conservation Easement”): (i) the Conservation Easement will satisfy all of the requirements under California Civil Code Section 815 et seq. for creating a conservation easement interest thereunder; (ii) the Conservation Easement will be held by a nonprofit conservation organization or other entity that is qualified and authorized to hold a conservation easement under California Civil Code Section 815.3, has the financial and stewardship capacity and experience to hold conservation easements of this nature, and has been approved in advance by the Approving Agencies; (iii) the Conservation Easement will include terms and conditions consistent with the protection of the Conservation Values and the Purposes of the Restrictions; and (iv) the form of Conservation Easement shall be approved in advance of recordation by Approving Agencies. Effective automatically upon recordation of a Conservation Easement covering all or any portion of the Property, the Restrictions and this Grant of Deed Restrictions shall terminate with respect to the portion of the Property covered by such recorded Conservation Easement.

6. Right of Inspection. The Approving Agencies, through their employees and representatives, shall each be entitled to enter upon the Property on an annual basis for the limited purpose of confirming compliance with the terms and conditions contained in this Grant of Deed Restrictions. Prior to any such entry for inspection purposes, the Approving Agency exercising such inspection rights shall provide fourteen (14) days written notice to the City, and the City shall have the right, through the City’s employees and representatives, to accompany and observe such inspections. If the Approving Agency conducting such annual inspection, or such entity’s employees or agents, prepare any reports, diagrams, charts, graphs, photographs, audio or visual recordings or other writings as a result of such inspections, copies of such documents and recordings shall be provided promptly to the City. The Approving Agency conducting such inspection, or such entity’s employees or agents, shall agree to hold harmless the City, its officers, directors, agents, employees, invitees (each of which is an indemnitee) from and against any and all claims, losses, damages, demands, liabilities, suits, costs, expenses (including attorneys’ fees), penalties, judgments, or obligations whatsoever for or in connection with injury (including death) or damage to any person or the loss or damage of property to whomsoever belonging or pecuniary or monetary loss which the City may sustain, incur, or suffer as a result of entry and activities upon the Property pursuant to the rights granted under this Section 6 or resulting from, arising out of, or in any way related to activity conducted by or the omission of such inspecting entity, unless the injury or damage resulted from the sole negligence or the intentional and willful misconduct of the City, its officers, directors, agents or employees.

7. Remedies. If an Approving Agency determines there is a violation of the terms of this Grant of Deed Restrictions, written notice of such violation and a demand for corrective action sufficient to cure the violation shall be given to the City. If the City fails to cure the violation within thirty (30) days after receipt of written notice and demand, or if the cure reasonably requires more than thirty (30) days to complete and the City fails to begin the cure within such thirty (30) day period or fails to continue diligently to complete the cure, the Approving Agency providing the notice may bring an action at law or in equity in a court of competent jurisdiction to enforce the terms of this Grant of Deed Restrictions, to recover any damages to which notifying agency may be entitled for such violation or for any injury to the Conservation Values, to enjoin the violation, ex parte as necessary, by temporary or permanent injunction without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies, or for other equitable relief, including, but not limited to, the restoration of the Property to the condition in which it existed prior to any such violation or injury.

If an Approving Agency determines that circumstances require immediate action to prevent or mitigate damage to the Conservation Values, such Approving Agency may pursue its remedies under this section without prior notice to the City or without waiting for the period provided for cure to expire. Remedies described in this section shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity.
(a) Costs of Enforcement. Should proceedings be brought to enforce or interpret any of the terms of this Grant of Deed Restrictions, the prevailing party in any such proceedings shall be entitled to recover from the non-prevailing party its costs and expenses, including reasonable attorneys’ and experts’ fees and costs.
(b) Enforcement Discretion. Enforcement of the terms of this Grant of Deed Restrictions shall be at the respective discretion of the Approving Agencies, and any forbearance by any such party to exercise its rights under this Grant of Deed Restrictions in the event of any breach of any term of this Grant of Deed Restrictions shall not be deemed or construed to be a waiver by such entity of such term or of any subsequent breach of the same or any other term of this Grant of Deed Restrictions or of any of such entity’s rights under this Grant of Deed Restrictions. No delay or omission by Approving Agencies in the exercise of any right or remedy upon any breach shall impair such right or remedy or be construed as a waiver.
(c) Acts Beyond City’s Control. Nothing contained in this Grant of Deed Restrictions shall be construed to, or shall entitle, the Approving Agencies to bring any action against the City for any injury to or change in the Property resulting from (i) any natural cause beyond the City’s control, including, but not limited to, fire, flood, storm, and earth movement, or any prudent action taken by the City under emergency conditions to prevent, abate, or mitigate significant injury to the Property resulting from such causes; or (ii) acts by the Approving Agencies or any of their employees or agents.

8. Public Access. Nothing contained in this Grant of Deed Restrictions shall give or grant to the public a right to enter upon or use the Property or any portion thereof where no such right existed in the public immediately prior to execution and recordation of this Grant of Deed Restrictions.

9. Liberal Construction. It is the intention of the City that the Purposes of the Restrictions shall be carried out in perpetuity. Liberal construction is expressly required for purposes of effectuating the Grant of Deed Restrictions in perpetuity, notwithstanding economic hardship or changed conditions of any kind.

10. Notices. Any notice, demand, request, consent, approval, or communication that City or the Approving Agencies desires or is required to give to the others shall be in writing and be served personally or sent by recognized overnight courier that guarantees next-day delivery or by first class mail, postage fully prepaid, addressed as follows:

To City of Fairfield:
1000 Webster Street, 3rd Floor
Fairfield, CA 94533

To Corps of Engineers
District Engineer
San Francisco District
450 Golden Gate Ave 4th floor,
San Francisco, CA 94102

To San Francisco Bay Regional Water Quality Control Board Executive Officer
1515 Clay Street, Suite 1400
Oakland, CA 94612

or to such other address as any of the above entities shall designate by written notice to the others. Notice shall be deemed effective upon delivery in the case of personal delivery or delivery by overnight courier or, in the case of delivery by first class mail, five (5) days after deposit into the United States mail.

11. Amendment. This Grant of Deed Restrictions may not be amended, modified or otherwise changed in any manner, except by a written amendment executed by the City, or the City’s successors in interest, and approved in advance by the Approving Agencies.

Any such amendment shall be consistent with the Purposes of the Restrictions and shall not affect the perpetual duration of the Grant of Deed Restrictions. Any such amendment must be in writing, must refer to this Grant of Deed Restrictions by reference to its recordation data, must be approved by the Approving Agencies, and must be recorded in the Official Records.

12. Controlling Law. The interpretation and performance of this Grant of Deed Restrictions shall be governed by the laws of the State of California, with the venue for any lawsuits being Solano County Superior Court or the Eastern District of California, disregarding the conflicts of law principles of such state, and by applicable Federal law.

13. Severability. If a court of competent jurisdiction voids or invalidates on its face any provision of this Grant of Deed Restrictions, such action shall not affect the remainder of this Grant of Deed Restrictions. If a court of competent jurisdiction voids or invalidates the application of any provision of this Grant of Deed Restrictions to a person or circumstance, such action shall not affect the application of the provision to other persons or circumstances.

14. Duration. This Deed Restriction shall remain in full force and effect and shall bind Owner and all its assigns or successors-in-interest in perpetuity.

15. Taxes and Assessments. It is intended that this Deed Restriction is irrevocable and shall constitute an enforceable restriction within the meaning of: (a) California Constitution Article XIII, Section 8; and (b) California Revenue and Taxation Code Section 402(i) or successor statute. Furthermore, this Deed Restriction shall be deemed to constitute a servitude upon and burden to the Property within the meaning of California Revenue and Taxation Code Section 3712(d), or successor statute, which survives a sale of tax-deed property.

16. Exhibits. The attached Exhibits A, B, C, and D are incorporated into this Deed Restriction by reference.

IN WITNESS WHEREOF City has executed this Grant of Deed Restrictions on the day and year first above written.

The City of Fairfield, a municipal corporation
By: _______________________________
Name: David Gassaway
Title: City Manager
EXHIBITS:

Exhibit A -- Legal Description of the Property
Exhibit B -- The Serpas Ranch Section 404 Mitigation Plan dated November 30, 1998 by Zentner and Zentner
Exhibit C -- The Department of the Army, Corps of Engineers Nationwide Permit Approval, dated July 6, 1999
Exhibit D -- The State of California, California Regional Water Quality Control Board, San Francisco Bay Region Waste Discharge Requirements, dated October 20, 1999

EXHIBIT A
Legal Description
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P:\29239\SRV\Mapping\Plats and Desc\Desc\29239-Mitigation Area.doc EXHIBIT “A”

DESCRIPTION

ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF FAIRFIELD, COUNTY OF

SOLANO, STATE OF CALIFORNIA, BEING A PORTION OF PARCEL A OF THAT CERTAIN MAP ENTITLED “THE SANCTUARY”, RECORDED IN BOOK 73 OF SUBDIVISION MAPS AT PAGE 1, SOLANO COUNTY RECORDS, AND A PORTION OF LOT 5 AS SHOWN ON THAT CERTAIN MAP ENTITLED “AFCO FAIRFIELD”, RECORDED IN BOOK 32 OF PARCEL MAPS AT PAGE 35, SOLANO COUNTY RECORDS, AND A PORTION OF LOT 415 OR THAT CERTAIN MAP ENTITLED “ROLLING HILLS UNIT 2”, RECORDED IN BOOK 52 OF MAPS AT PAGE 48, SOLANO COUNTY RECORD, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;

BEGINNING AT THE MOST EASTERLY CORNER OF LOT 12 OF SAID MAP ENTITLED “THE SANCTUARY”, BEING A POINT ON THE BOUNDARY OF SAID PARCEL A, THENCE ALONG SAID BOUNDARY LINE THE FOLLOWING TWENTY-NINE (29) COURSES:

1. NORTH 23°45'58" WEST, 153.00 FEET;

2. NORTH 09°34'26" WEST, 80.36 FEET;

3. SOUTH 85°17'07" EAST, 81.02 FEET;

4. NORTH 13°56'42" EAST, 107.00 FEET;

5. NORTH 21°08'04" WEST, 75.80 FEET;

6. ALONG A NON-TANGENT CURVE TO THE LEFT WITH A RADIUS OF 47.00 FEET, FROM WHICH THE RADIUS POINT BEARS NORTH 73°44'17" WEST, HAVING A CENTRAL ANGLE OF 79°43'41" AND AN ARC LENGTH OF 65.40 FEET;

7. NORTH 26°32'03" EAST, 106.41 FEET;

8. NORTH 52°48'43" WEST, 123.00 FEET;

9. NORTH 89°39'39" WEST, 56.94 FEET;

10. NORTH 52°50'39" WEST, 75.05 FEET;

11. NORTH 16°53'35" WEST, 31.02 FEET;

12. NORTH 72°33'38" WEST, 106.42 FEET;

13. SOUTH 86°01'03" WEST, 47.40 FEET;

14. SOUTH 04°16'36" EAST, 110.97 FEET;

15. NORTH 86°00'54" WEST, 20.21 FEET;

16. NORTH 04°16'36" WEST, 99.36 FEET;

17. NORTH 07°37'04" WEST, 76.04 FEET;

18. NORTH 10°45'50" WEST, 76.04 FEET;

19. NORTH 13°54'36" WEST, 76.04 FEET;
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20. NORTH 17°10'06" WEST, 81.47 FEET;

21. NORTH 20°26'53" WEST, 77.07 FEET;

22. NORTH 23°38'16" WEST, 77.12 FEET;

23. NORTH 34°00'45" WEST, 110.27 FEET;

24. ALONG A NON-TANGENT CURVE TO THE RIGHT WITH A RADIUS OF 33.00 FEET, FROM WHICH THE RADIUS POINT BEARS SOUTH 49°28'22" EAST, HAVING A CENTRAL ANGLE OF 18°11'42" AND AN ARC LENGTH OF 10.48 FEET;

25. ALONG A REVERSE CURVE TO THE LEFT WITH A RADIUS OF 47.00 FEET, HAVING A CENTRAL ANGLE OF 135°38'03" AND AN ARC LENGTH OF 111.26 FEET;

26. ALONG A REVERSE CURVE TO THE RIGHT WITH A RADIUS OF 33.00 FEET, HAVING A CENTRAL ANGLE OF 27°26'21" AND AN ARC LENGTH OF 15.80 FEET;

27. NORTH 49°28'22" WEST, 60.40 FEET;

28. ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 33.00 FEET, HAVING A CENTRAL ANGLE OF 48°30'33" AND AN ARC LENGTH OF 27.94 FEET;

29. THENCE ALONG A REVERSE CURVE TO THE LEFT WITH A RADIUS OF 47.00 FEET, HAVING A CENTRAL ANGLE OF 42°37'21" AND AN ARC LENGTH OF 34.96 FEET;

THENCE LEAVING SAID BOUNDARY LINE AND ENTERING SAID PARCEL A, THE FOLLOWING SIXTEEN (16) COURSES:

1. NORTH 32°09'53" EAST, 33.33 FEET;

2. NORTH 19°18'32" WEST, 14.77 FEET;

3. NORTH 50°09'36" WEST, 159.90 FEET;

4. NORTH 49°03'29" WEST, 105.28 FEET;

5. NORTH 34°43'24" WEST, 77.16 FEET;

6. NORTH 32°46'23" WEST, 119.44 FEET;

7. NORTH 38°44'14" WEST, 111.18 FEET;

8. NORTH 56°10'32" WEST, 192.39 FEET;

9. NORTH 79°40'26" WEST, 98.31 FEET;

10. SOUTH 78°06'28" WEST, 71.48 FEET;

11. SOUTH 71°43'42" WEST, 100.17 FEET;

12. NORTH 87°16'36" WEST, 51.19 FEET;

13. NORTH 74°51'40" WEST, 60.53 FEET;

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14. NORTH 83°17'50" WEST, 83.35 FEET;

15. SOUTH 89°36'36" WEST, 221.33 FEET;

16. THENCE NORTH 83°54'40" WEST, 191.98 FEET, TO A POINT ON THE BOUNDARY LINE OF SAID PARCEL A;

THENCE ALONG SAID BOUNDARY LINE THE FOLLOWING THREE (3) COURSES:

1. ALONG A NON-TANGENT CURVE TO THE LEFT WITH A RADIUS OF 168.00 FEET, FROM WHICH THE RADIUS POINT BEARS NORTH 86°34'05" WEST, HAVING A CENTRAL ANGLE OF 07°01'59" AND AN ARC LENGTH OF 20.62 FEET;

2. NORTH 03°36'04" WEST, 201.61 FEET;

3. THENCE ALONG A CURVE TO THE LEFT WITH A RADIUS OF 328.00 FEET, HAVING A CENTRAL ANGLE OF 183°26'48" AND AN ARC LENGTH OF 1,050.17 FEET;

THENCE LEAVING SAID BOUNDARY LINE AND ENTERING SAID PARCEL A, AND SAID LOTS 5 AND 415 THE FOLLOWING EIGHTY-EIGHT (88) COURSES:

1. NORTH 74°54'47" WEST, 40.56 FEET;

2. NORTH 60°56'04" WEST, 48.76 FEET;

3. NORTH 03°04'04" WEST, 10.99 FEET;

4. NORTH 14°14'02" EAST, 66.03 FEET;

5. NORTH 21°11'29" EAST, 82.18 FEET;

6. NORTH 27°00'16" EAST, 72.12 FEET;

7. NORTH 27°15'58" EAST, 66.37 FEET;

8. NORTH 41°27'20" EAST, 38.83 FEET;

9. NORTH 51°02'18" EAST, 62.12 FEET;

10. NORTH 17°46'22" WEST, 150.15 FEET;

11. NORTH 06°11'11" WEST, 31.33 FEET;

12. NORTH 13°51'14" EAST, 27.29 FEET;

13. NORTH 34°51'50" EAST, 33.46 FEET;

14. SOUTH 63°38'23" EAST, 26.32 FEET;

15. SOUTH 24°39'23" EAST, 50.88 FEET;

16. SOUTH 46°34'41" EAST, 62.91 FEET;

17. SOUTH 69°03'16" EAST, 68.89 FEET;

18. NORTH 83°55'04" EAST, 45.35 FEET;
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19. SOUTH 87°45'24" EAST, 30.69 FEET;

20. SOUTH 71°48'21" EAST, 78.56 FEET;

21. SOUTH 65°43'58" EAST, 227.68 FEET;

22. SOUTH 38°31'35" EAST, 47.40 FEET;

23. SOUTH 20°55'17" EAST, 76.29 FEET;

24. SOUTH 30°10'44" EAST, 69.56 FEET;

25. SOUTH 47°00'18" EAST, 98.38 FEET;

26. SOUTH 72°37'11" EAST, 53.85 FEET;

27. NORTH 87°34'24" EAST, 56.59 FEET;

28. SOUTH 85°16'03" EAST, 33.43 FEET;

29. SOUTH 65°43'05" EAST, 52.24 FEET;

30. SOUTH 60°53'25" EAST, 28.72 FEET;

31. SOUTH 74°58'04" EAST, 56.47 FEET;

32. NORTH 87°02'32" EAST, 20.23 FEET;

33. NORTH 71°45'18" EAST, 36.69 FEET;

34. NORTH 72°25'30" EAST, 29.97 FEET;

35. NORTH 89°09'18" EAST, 52.11 FEET;

36. NORTH 72°03'47" EAST, 105.69 FEET;

37. NORTH 68°17'36" EAST, 39.06 FEET;

38. NORTH 65°56'21" EAST, 51.07 FEET;

39. SOUTH 86°44'46" EAST, 43.53 FEET;

40. NORTH 84°56'09" EAST, 87.96 FEET;

41. SOUTH 75°58'40" EAST, 64.09 FEET;

42. SOUTH 51°29'56" EAST, 70.07 FEET;

43. SOUTH 30°55'51" EAST, 59.08 FEET;

44. SOUTH 50°18'08" EAST, 82.07 FEET;

45. SOUTH 61°10'19" EAST, 122.16 FEET;

46. SOUTH 56°28'29" EAST, 150.08 FEET;
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47. SOUTH 74°07'17" EAST, 50.47 FEET;

48. NORTH 87°49'39" EAST, 61.43 FEET;

49. NORTH 72°49'00" EAST, 57.70 FEET;

50. SOUTH 53°32'45" EAST, 96.44 FEET;

51. SOUTH 27°14'53" EAST, 126.72 FEET;

52. SOUTH 01°55'48" EAST, 85.85 FEET;

53. SOUTH 05°04'41" EAST, 236.22 FEET;

54. SOUTH 19°40'22" EAST, 32.52 FEET;

55. SOUTH 42°28'37" EAST, 48.63 FEET;

56. SOUTH 58°47'21" EAST, 88.73 FEET;

57. SOUTH 27°54'38" EAST, 46.79 FEET;

58. SOUTH 10°49'50" EAST, 100.77 FEET;

59. SOUTH 20°57'10" EAST, 90.78 FEET;

60. SOUTH 26°23'11" EAST, 69.61 FEET;

61. SOUTH 25°10'28" EAST, 122.59 FEET;

62. SOUTH 12°02'04" EAST, 75.40 FEET;

63. SOUTH 24°53'53" EAST, 157.58 FEET;

64. SOUTH 45°22'38" EAST, 80.15 FEET;

65. SOUTH 60°48'23" EAST, 46.45 FEET;

66. SOUTH 71°12'46" EAST, 43.13 FEET;

67. SOUTH 68°57'15" EAST, 55.56 FEET;

68. SOUTH 74°21'51" EAST, 185.08 FEET;

69. SOUTH 63°23'40" EAST, 63.18 FEET;

70. SOUTH 56°46'51" EAST, 80.44 FEET;

71. SOUTH 43°22'27" EAST, 32.58 FEET;

72. SOUTH 25°14'51" EAST, 27.97 FEET;

73. SOUTH 04°36'33" EAST, 32.87 FEET;

74. SOUTH 26°32'36" WEST, 57.52 FEET;
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75. SOUTH 10°46'08" WEST, 22.51 FEET;

76. SOUTH 03°16'18" WEST, 66.47 FEET;

77. SOUTH 15°00'49" WEST, 109.47 FEET;

78. SOUTH 27°18'17" WEST, 84.71 FEET;

79. SOUTH 33°40'14" WEST, 177.59 FEET;

80. SOUTH 31°26'27" WEST, 127.85 FEET;

81. SOUTH 37°14'10" WEST, 134.77 FEET;

82. NORTH 77°17'29" WEST, 18.92 FEET;

83. NORTH 48°13'55" WEST, 25.90 FEET;

84. NORTH 17°28'35" WEST, 16.61 FEET;

85. NORTH 14°14'25" EAST, 18.72 FEET;

86. NORTH 38°15'56" EAST, 28.56 FEET;

87. NORTH 40°19'52" WEST, 63.19 FEET;

88. THENCE NORTH 20°49'11" WEST, 50.49 FEET TO THE POINT OF BEGINNING .

CONTAINING 26.36 ACRES MORE OR LESS.

END OF DESCRIPTION

PREPARED BY:

______________________________ ____________________ _

IAN BRUCE MACDONALD DATE
LICENSED LAND SURVEYOR NO. 8817

STATE OF CALIFORNIA

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EXHIBIT B
The Serpas Ranch Section 404 Mitigation Plan dated November 30, 1998 by Zentner and Zentner

DEPARTMENT OF THE ARMY

SAN FRANCISCO DISTRICT, CORPS OF ENGINEERS
333 MARKET STREET
sAN FRANCTSCO, CALTFORNIA 941 05-21 97
-JUL 0 6 lggg

BEPLY TO
ATTENTION OF:

Regulatory Branch
SUBJECT: File No. 23920N
Mr. John Zentner
Zentner and Zentner
4240 Hollls Street, Suite 360
Emeryville, California 94608
Dear Mr. Zentner:

This is in reference to your Pre-Construction Notification (PCN) of December 14, 1998, on behalf of Condiotti Enterprises, concerning Department of the Army authorization to to construct the Serpas Ranch Housing Project, Phase II, on a 160-acre development palcel (APN 151-70-01), located northwest of Highway 80 and north of Waterman Boulevard, in the City of Fairfield, Solano County, Califomia. The construction of 340 single-family houses on the development parcel would necessitate the discharge of approximately 290 cubic 'yards (cys) of fill material into 2.04 acres of seasonal wetlands and 0.63 acre of ephemeralL tributary channels (other waters of the United States), as depicted on Figures 3 and 4 of the PCN and entitled, "Development Project and 404 Jurisdictional Impacts, Serpas Ranch." In addition, a series of weirs would be constructed in Channel Segments "C" and "E" for mitigation purposes, requiring the discharge of approximately 20 cys of rock below the plane of ordinary high water.

Based on a review of the information in your submittal and the current conditions of the site, as verified during a field investigation of August 18, 1998, the project qualifies for authorization under Department of the Army Nationwide Permit 26 for Headwaters ttnd Isolated Waters Disclnrges (61 FR 65,874; Dec. 13, 1996), pursuant to Section 404 of the Clean Water Act ()3 U,S.C. 1344\.

The project must be in compliance with the General Conditions cited in Encktsure 1 and any Special Conditions specif,red in this letter for the nationwide permit authorization to remain valid. Non-compliance with any condition could result in the revocation of the nationwide permit for your project, thereby requiring you to obtain an individual permit from the Corps. Upon completion of the project and all associated mitigation and monitoring requirements, you shall sign and retum the statement cited in Enclosure 2, cefiifying all work complies with the terms and conditions of the permit. This nationwide permit authorization for your project does not obviate the need to obtain other State or local approvals required by law.

Project authorization will remain valid until September 15,1999, at which time Nationwide Permit 26 is scheduled to expire. If the project has commenced or is under contract to corrunence work prior to any modification, suspension, or revocation of the nationwide permit and the project could not comply with any newly issued nationwide permit, you shall have twelve (I2) months from that date to complete the project under the present terms and conditions of this nationwide permit authorization.

Project authorization will not be effective until you have obtained Section 401 water quality certification or a waiver from the Regional Water Quality Conrrol Board (RWQCB), San Francisco Bay Region. You shall subrnit a copy of the certification or waiver to the Corps prior to the commencement of work. You shall comply wirh any condition o[ certification required by the RWQCB and consider it to be an integral part of the nationwide permit authorization for your project. If the RWQCB fails to act on a valid request for certification within two (2) months after receipt, the Corps may presume a waiver oif water quality certification has been obtained.

To ensure compliance with this nationwide perrnit authorization, the project is subject to the following Special Conditions:

To compensate for the loss of 2.04 acres of seasonal wetlands and 0.(i3 acre of tributary channels associated with project construction, an array of mitigation measures shall be performed in the manner described in the "serpas Fianch Section 4O4Mitigation Plan" (Zentner,30 November 1998). This plan calls for the creation of approximately 4.1 acres of seasonal wetlands, 1.2 acrer; of tributary channels, and 7.5 acres of (non-julisdictional) riparian-oak woodland principally along Channel Segments "C" and "E" of the development parcel.

The plan further specifies site preparation and planting procedures to be employed during construction; identifies specific performance criteria to be used in evaluating created habitat functions and values; and establishes a frve- year maintenance and monitoring program to ensure compliance with the prescribed perfolmance criteria. Phase I (Pelmit No. 1858lN) mitigation construction at the Detention Basin has resulted in an overage of O.2l acre of seasonal wetlands which may be applied to the 4.I-acre wetland mitigation requirement for Phase fI.

Wetland and riparian mitigation construction shall commence concurre:ntly with or in advance of any authorized wetland or channel fill discharge associated with project construction and shall be completed within one (l) year, thereafter. within ten (10) calendar days after each dare, the corps shall be notified in writing of the wetland construction start and completion dates.

Wetlands to be preserved on the development and mitigation parcels shall be flagged or protected by other means to prevent disturbance during construction 1 t-

2. aJ.
a
J
work.

Within three (3) months after completion of the wetland and riparian mitigation construction work, a Summary Report shall be submitted to the Corps which describes the as-built condition of all required mitigation elements. T'he Summary Report shall include a detailed plan and profile of the created wetlands and tributary channels, and identify wetland and riparian plant species and planting locations established in the field.

By october l5 for each year of the five-year monitoring period, an Annual Monitoling Report shall be sr-rbmitted to the Corps which describes the results of completed maintenance and monitoring activities, progress towalds the attainment of the performance criteria; proposed corrective actions, if required; completed field data sheets; and photo documentation of the created Lrabitats taken from permanent reference points. The frrst Annual Monitoring Report shall be submitted by October 15 of the year following the first growing season after planting.

6. As shown on the "Conceptual Landscape Plan, Serpas Ranch," a perirneter fence shall be installed around channel Segments "c" and "E" (to the Detention Basin) to deter public access and preclude incidental cattle grazing and mowing within the mitigation parcel.

Within three (3) months after completion of the mitigation construction work, a conservation easement, restrictive covenant, or similar land encumbrance shall be completed and registered with the County Recorder's Office, speciiying the preservation in perpetuity of the mitigation parcel as a wetland/open space preserve. A certified copy of the land encumbrance instnrment shall be provided to the Corps.

A delineation of the created wetlands shall be performed at the conclusion of the five-year monitoring period, utilizing the evaluation procedures and parameters for vegetation, hydrology, and soils described in the "corps of Engineers Delineation Manual" (January l98i). If the required mitigation acreage has not been established at that time, the Corps may require additional corrective measures or other compensatory mitigation to be performed.

If previously unknown historic, cultural, or archaeological resources are encountered while performing the authorized work, the Corps shall be promptly notified of the find. The Corps will initiate Section 106 consultarion with the State Historic Preservation Office to determine if such resources warrant a recovery effort or are eligible for listing on the National Register.

5. l

8. 9.
t rtiz
a
E
4 You may refer any questions on this matter to Mr. Peter Straub of my staff at telephone 415-971-8M3. All conespondence should be addressed to the Regulatory Branch, North Section, referencing the file number at the head of this letter.

Sincerely,
Chief, Regulatory Branch
Enclosures
Copies Furnished:

Condiotti Enterprises, Santa Rosa, CA
CA RWQCB, Oakland, CA

EXHIBIT C
The Department of the Army, Corps of Engineers Nationwide Permit Approval, dated July 6, 1999.

DEPARTMENT OF THE ARMY

SAN FRANCISCO DISTRICT, CORPS OF ENGINEERS
333 MARKET STREET
sAN FRANCTSCO, CALTFORNIA 941 05-21 97
-JUL 0 6 lggg

BEPLY TO
ATTENTION OF:

Regulatory Branch
SUBJECT: File No. 23920N
Mr. John Zentner
Zentner and Zentner
4240 Hollls Street, Suite 360
Emeryville, California 94608
Dear Mr. Zentner:

To ensure compliance with this nationwide perrnit authorization, the project is subject to the following Special Conditions:

Wetlands to be preserved on the development and mitigation parcels shall be flagged or protected by other means to prevent disturbance during construction 1 t-

2. aJ.
a
J
work.

5. l

Sincerely,
Chief, Regulatory Branch
Enclosures
Copies Furnished:

Condiotti Enterprises, Santa Rosa, CA
CA RWQCB, Oakland, CA

EXHIBIT D

The State of California, California Regional Water Quality Control Board, San Francisco Bay Region Waste Discharge Requirements, dated October 20, 1999

r :r
. ; . STATE OF CALIFORNIA

CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD

SAN FRANCISCO BAY REGION
ITEM:

SUBJECT:

DISCUSSION:

RECOMMEN-
DATION:

File No.

APPENDICES:

STAFF SUMMARY REPORT (Stephen Berger)
MEETING DATE: October 20.1999
5G
Oceanis, a Partnership, and LB|L Duc Fairfield, LLC, Serpas Ranch Housing Project, Hilborn Road, Fairfield, Solano County - Adoption of New Waste Discharge Requirements
Oceanis, a Partnership, and LB/L Duc Fairfield, LLC, have submitted an equivalent to a Report of Waste Discharge for the fill of 2.04 acres of seasonal u'etlands, 0.63 acre of ephemeral tributary channels, and 0.05 aeres of intermittent tributary in comection with the Serpas Ranch Housing Project. The project would construct 340 houses. Originally, the applicants applied for water quality certification under Section 401 of the Clean Water Act. Because water quality certification cannot be issued for more than one applicant, I recommend that the Regional Board issue Waste Discharge Requirements for the project, in lieu of water quality certification.

The proposed u,etland mitigation would create 4.1 acres of seasonal marsh habitat and 1.2 acres of seasonal tributary. In addition, 7.5 acres of riparian oak woodland and native grassland would be created. The proposed wetland mitigation measures will offset the temporal and permanent loss of beneficial uses of Waters of the State resulting from the wetland fill. The City of Fairfield will obtain ownership of the mitigation areas once success is achieved. In addition, a $150,000 surety bond inthe name of the City of Fairfield will be obtained to ensure success of the mitigation.

Adoption of the Waste Discharge Requirements.
2128.207}(SLB)
A: Tentative Waste Discharge Requirements
B: Staff Report
OcT L 4 199$
!:

CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD

SAN FRANCISCO BAY REGION
TENTATIVE ORDER 99-xxx
WASTE DISCHARGE REQUIREMENTS FOR:

LBIL Duc FAIRFIELD, LLC

OCEANIS, A PARTNERSHIP
FAIrJ'IELD, SOLANJ COUNTY
lhe California Regional Water Quality Control Board, San Francisco Bay Region, hereinafter Board, finds that:

LB/L Duc Fairfield, LLC, (hereinafte r LBlLDuc) is a limited Iiability corporation.

Oceanis, a Partnership, (hereinafter Oceanis) is a limited partnership with the general panners of Dancon Corporation, Marcon Corporation,MalzCorporation and Arbet Trust.

All of these entities are referred to as Dischargers.

The Dischargers are constructing a phased housing development known as the Serpas Ranch Housing Project (hereinafter Project), located on or near Hilborn Road in the City of Fairfield, Solano County. Most of the Project site is owned by Oceanis, with the rest owned by LBIL Duc. Oceanis and LB/L Duc will separately construct their respective phases of the Project. A total of 340 houses will be constructed.

There are currently 2.09 acres of seasonal \\,etlands and2.72 acres of tributary on the Project site. Development of the entire Project will impact2.67 acres ofjurisdictional waters of the United States. Atotal of 2.04 acres of seasonal wetlands,0.58 acres (4,550 feet) of ephemeral tributary channels, and 0.05 acres (400 feet) of intermittent tributary channels will be filled. The portiori of the site developed by Oceanis will impact 1.64 acres of seasonal wetlands and 0.2 acres (1,750 feet) of ephemeral tributary chamels, and

0.05 acres (400 feet) of intermittent tributary channels. The portion developed by LBIL Duc will impact 0.4 acres of seasonal wetlands and 0.38 acres (2,800 feet) of ephemeral tributary channels.

This Order regulates the discharge of dredged and fill material to surface waters and does not apply to storrn water discharges associated with construction activities. The Dischargers are responsible for obtaining and complying with the rules and regulations of National Pollutant Discharge Elimination System O{PDES) permit requirements.

The Dischargers have applied to the Board for Water Quality Certification under Section 401 of the Clean water Act. on July 6, 1999, the U. S. Army corps of Engineers (hereinafter Corps) issued an authorization under Nationwide Permit No. 26 for the Proiect.

Il.

2. AT.

5. 7.

Order 99-xxx

6. State autliority to regulate the discharge, and threatened discharge of waste to Waters of ater, and wetlands was granted to the State
r-Cologne Water Quality Act (Act). Water
designating the beneficial uses to be
easonably required for that purpose.
cordance with Section 13240 et seq. of the
ality Control Plan, San Francisco Bay Basin
d revised Basin Plan was apprbved by the
e Office of Administrative Law on July 20,
. A summary of regulatory provisions is
r defines beneficial uses and water quality
objectives forrltaters of the State. including surface waters and groundwaters. This order is in conrplianc$ with the Basin Plan.

8. The Proiect site is located within the Suisun Basin as identified in the Basin Plan. The impacted jurisd ional waters are located adjacent to and tributary to the Laurel Creek Basin. The foll wing existing beneficial uses are identified in the Basin Plan: Cold Freshwater Ha at, Freshwater Replenishment, Fish Migration, Water Contact Recreation, ontact Water Recreation, Fish Spawning, Warm Freshwater Habitat. and Wildlife Habita
The Basin Plan
acreage and no
etland Fill Policy establishes that there is to be no net loss of u,etland t loss of uetland value when the project and any proposed mitigation are el'aluated t
9 same area of th
ether, and that mitigation for wetland fill projects is to be located in the Region, wherever possible, as the project. The Policy further establishes that wetland di es should be avoided whenever possible, and if not possible, should be mini ized, and only after avoidance and minimization of impacts should mitigation for wetlands be considered. The Discharsers have submitted documentation show that appropriate effort was made to avoid and then to minimize wetland distu nce, as required b1'the Basin Plan. Tlie Board concurs u'ith this finding.

10. To protect the ter quality at and in the vicinity of the site for the duration of project construction. to uately address proposed project impacts and mitigation to waters of the State. to m the objectives of the California Wetland Conservation Policy, to require appropriate over the life of the project and its construction, and to address public safety concerns
resulate dischar
an environmentally responsible way, the Board has determined to e of dredged and fill material to surface waters by issuance of Waste Discharge R rements (WDRs).

The Project con$ists of the construction of 340 single-family houses on 160 acres of land.

The total acreagp forthe Project site is about400 acres. Approxinrately half the site (231 ll
acres) rvill remain a's permanent open-space managed by the Solano Open Space Foundatiorr.'l I
Order 99-xxx

13. r
The Dischargers have proposed a mitigation plan, "serpas Ranch Section 404 Mitigation Plan" (hereinafter Mitigation Plan), dated November 30, 1998, as apart of its proposal. to offset the loss of beneficial uses of waters of the State. The Board concurs with the Mitigation Plan.

Thg Mitigation Plari proposes, at a minimum, to create 4.1 acres of seasonal marsh habitat and 1 .2 acres of seasonal tributary. All of the created marsh habitat and seasonal tributary will be on the portion of the site currently owned by Oceanis. In additio n,7 .5 acres of' riparian oak woodland and native grassland'vould be created. The proposed wetland mitigation measures will offset the temporal and permanent loss of beneficial uses of S/aters of the State resulting from the wetland fill.

To assure that unavoidable impacts to the waterbodies of the United States are successfully mitigated, tlie Dischargers will post a surety bond, The performance bond, in the amount of $150,000, will name the City of Fairfield as a beneficiary. The City has agreed to act as the beneficiary. The bond u,ill co\rer all the costs associated with constructing, monitoring. and, if necessary, repairing the wetland mitigation during the five-year, or longer if the mitigation is not successful, monitoring period. The Dischargers rvill be obligated to maintain all mitigation nreasures until such time as the nritigation perforntance criteria are ntet.

Stornr water discharges to surface waters associated rvith construction activities and post project construction u'ill occur.

The California Environmental Quality Act (CEQA) requires all projects approved by State agencies to be in full compliance u'ith CEQA, and requires a lead agency to prepare an appropriate environnrental document (EIR or Negative Declaration) for such projects.

The Cit5'of Fairfield adopted a Mitigated Negative Declaration forthe Project on January

21.1992. Potential sigrrificant inrpacts to water qualitl, and the proposed mitigation nteasures to reduce these impacts to less than significant were identified in the N{itigated l.Negative Declaration. These impacts and the recommended mitigations are: unstable slopes and soils - implententation of standard engineering measures in the geotechnical report; creek channel improvements - determine which channel stabilization materials are best for drainage and biotic purposes; and loss of wetlands and other waters of the United States - creation of wetlands and other u'aters to compensate for the loss.

Pursuantto Title 23, California Code of Regulations Section 3857, the Board is issuing WDRs and will not act on the Dischargers' application for Water Quality Certification.

By letter dated September 28, 1999, the Board notified the Dischargers of its intent to prescribe WDRs for this discharge.

The Board, in a public meeting, heard and considered all comments per-taining to rhe discliarsb.

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18. t9.

Order 99-xxx
IT IS HEREBY ORDERED that the Dischargers, in order to meet the provisions contained in ,. ' Division 7 of the Califomia Water Code and regulations adopted thereunder, shall comply with" the following:

A. Discharge Prohibitions
I ' The direct discharge of wastes to surface waters or surface water drainage courses is prohibited.

2. The disuharge of oil, gasoline, diesel fuel, anypetroleum derivative, any toxic chemical, or hazardous waste is prohibited.

3. The discharge of u'aste shall not cause a pollution or nuisance as defined in Section 13050 of tlie California Water Code.
4' At tlo time shall surplus or \4'aste earthen materials be placed in surface drainage courses. or in such a manner as to allorv the discharge of such materials to adiacent undisturbed land or to any surface water drainage course except as authorized bythe Order and described in Findings 3 and 13, above, and as described in the Discharsers' application/Report of waste Discharge and supporting materials.

5. Discharges of materials other tlran storm water, u'hich are not otherwise regulated by a NPDES permit or allowed by this Order to waters of the Stare are prohibited.

6. The groundwater shall not be degraded as a result of project construction and related activities.

B. Provisions

1. The Dischargers shall comply u'ith all the Prohibitions and Provisions of this Order immediately upon adoption of this order or as provided berow. 2' The Dischargers shall immediately notify the Board by telephone whenever an adyerse condition occurs as a result of this discharge. An adverse condition includes. but is not limited to, a violation or of the conditions of this Order, significant spill of petroleum products or toxic chemicals, or damage to control facilities that could cause noncompliance. Pursuant to Section 13267(b) of the California Water Code. a u,ritten notification of the adverse condition shall be submitted to the Board within two r',,eeks of occurrence. The written notification shall identifu the adverse condition. describe the actions necessary to remedy the condition, and specify a timetable, subject to the modifications of the Board, for the remedial actions.

3. The Dischargers shall notii/ the Board in writing 30 days prior to actual stan dates for each phase of ionstruction.
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9. Order 99-xxx
"' aor.. "' ;:

The Dischargers shall at ali tinres fully comply witi the engineering plans, specificarions, and technical reports submitted with the Dischargers' application for water quality certification and the completed report of waste discharge.

To reduce the potential impacts to water quality, the Dischargers shall divert any flow around construction and/or restoration work within waterbodies using a low flow channel, pipe, or other practices such that the flow does not flow across the work area and no equipment operates in areas of flowing or standing water.

All reports pursuant to tlese Provisions shall be prepared under the supervision of a suitable professional in the State of California.

The discharge of any hazardous, designated or non-hazardous waste as defined in Title27, Division 2' Subdivision 1, Chapter 2 of the California Code of Regulations shall be:
conducted in accordance u,ith applicable state and federal regulations.

Tlie Dischargers shall rento\/e and relocate any wastes rvhich are discharged at any sites in violation of this Order.

In accordance with Section 13260 of the California Water Code, the Dischargers shall fileu'ith tJre Board a reporl of any material change or proposed change in the cha-racter, locatiott. or quantity of tliis \\raste discharge. Any proposed material change in operatign shall be reported to the Executive Officer at least 30 days in advance of irnplenientatiorr of any proposal. This shall include, bul not be limited to, all significant neyy soil disturbances, all proposed expansion of development. or any change in drailage characteristics at the Project site. For the purpose of these requirements. this i-ncludes aniproposed chanse in the boundaries of the project site.

The Dischargers shall maintain a copy of this Order at the project site so as to be available at all times to site operating persomel.

The Dischargers are considered to have full responsibility for correcting any and all problems which arise in the event of a failure which results in an unauthorized release of waste or wastewater.

The Dischargers shall permit the Board or its authorized representative. upon presentation of credentials:
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A
b.

Entry on to the project site or the premises in which records are kept.

Access to copy any records required to be kept under the terms and conditions ofthis Order.

Inspection of any treatment equipment, monitoring equipment. or monitoring method required by this Order.
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Order 99-xxx

15. d. ' Sampling of any discharge or surface water covered by this Order.

The Dischargers shall comply with the nine Special Conditions in the July 6, 1999, Corps' authorization Ietter. The Special Conditions include implementation of the Mitigation PIan and reporting requirements. The Dischargers shall notify the Board in. writing of the actual start date of the mitigation. Any substantive future changes to ttre Mitigation PIan that do not change acreage or values of the created wetlands must be approved in writing in advance by the Executive Officer. Change; that will affect the acreage or values of the created wetlands must be approved by the Board.

All reports and othe, information, including mitigation monitoring reports, required to be submitted to the Corps shall also be submitted to the Executive Officer at the same tinte the;' are submitted to the Corps.

When the Dischargers have determined that mitigation has achieved success criteria. rhet' shall subnrit a notice of mitigation conipletion. acceptable to the Executive Officer. The notice of nlitigation completion shall include a plan for long-term maintenance and lltana,qentent. acceptable to the Executive Officer. The Dischargers shall impJenient these plarrs.

By Decenrber 1, 1999, the Dischargers will provide a surety bond in the anrount of $150.000 to cover all the costs associated with constructing, monitoring, and, if necessary, repairing the *'etland mitigation during the five-year. or longer if the mitigation is not successful, monitoring period. A copy of the bond shall be submitred to tlre Board and the Corps by Decernber 1, 1999. The Citl,of Fairfield shall be named as a beneficiarl'of the bond. The bond shall terminate upon approval by the Executive Ofllcer that the nritigation plan has been implemented and perfonlance criteria have been lret.

The Disclrargers sliall be considered to have a continuing responsibility for ensuring compliance rvith the prohibitions, limitations, and Provisions of this Order in the operations or use of the owned property. The Dischargers shall immediatel), notif)' the Board u'hen a change in ounership of the Project site occurs.

These Requirements do not authorize commission of any act causing injurl,to the property of another or of the public; do not convey any property rights; do not remove liability under federal, state or local lau,s, regulations or rules of other programs and agencies nor do these Requirements authorize the discharge of wastes without appropriate perrnits from other agencies or organizations,
Before any soil is disturbed onsite, the Dischargers must file aNotice of Intent for coverage under the State's General Construction Activity Storm Water Pernrit. This n'rust cover both the residential development and the wetland riritigation areas. : -'
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19. Order qg-***
Native seed mixture shall be used for hydroseeding or broadcast seeded disturbed surfaces outside of the constructed wetlands.

The Dischargers shall submit copies of all necessary approvals and/or permits for the project and mitigation projects from applicable goverrrment agencies, including the State . Department of Fish and Game, prior to the start of construction.

I, Loretta K. Barsamian, Executive Officer, do hereby certiff that the foregoing is a full, complete and conect copy of an Order adopted by the Califomia Regiona1Waier Quality Control Board, San Francisco Bay Region, on October 20,lg9g.

Attachnent l: July 6, 1999 U.S.

Loretta K. Barsamian
Executive Officer
Army Corps of Engineers'Authorization Letter

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Fairfield City CouncilMarch 18, 2025

Fairfield City Council
March 18, 2025