STATE WATER RESOURCES CONTROL BOARD

BOARD HEARING -- OFFICE OF CHIEF COUNSEL

MAY 3, 2000

ITEM 2

SUBJECT

PETITION OF DOUBLE WOOD INVESTMENT, INC. FOR RECONSIDERATION OF THE EXECUTIVE DIRECTORíS DENIAL OF WATER QUALITY CERTIFICATION FOR DOUBLE WOOD GOLF COURSE; SWRCB/OCC FILE C-017

LOCATION

Alameda County

DISCUSSION

On March 5, 1999, the Executive Director of the State Water Resources Control Board (SWRCB) denied Water Quality Certification pursuant to Section 401 of the Clean Water Act for the proposed Double Wood Golf Course in Fremont, California.Double Wood Investment, Inc., filed a petition for reconsideration with the SWRCB, and also requested that the SWRCB refer the matter to mediation.The mediation has concluded.As provided in the Mediatorís Report, the parties succeeded in defining the major issues in the mediation, but were unable to reach a consensus on most of the issues.The matter is now back in the hands of the SWRCB to resolve.This hearing has been scheduled to receive oral testimony and policy statements that will assist the SWRCB in determining whether the project complies with water quality standards and other appropriate requirements, such that the SWRCB should issue Water Quality Certification.After the hearing, the SWRCB will be meeting in closed session to deliberate on a decision to be made based on the evidence received at the hearing.Following the closed session, staff will circulate a draft decision to the public.Adoption of the draft decision will be scheduled for a future SWRCB Meeting.

POLICY ISSUE

Should the SWRCB issue Water Quality Certification for the Double Wood Golf Course?

FISCAL IMPACT

None.

RWQCB IMPACT

San Francisco Bay Regional Water Quality Control Board.The project is within the San Francisco Bay Region.Regional Board staff report that they expect to see similar projects in the future.

STAFF RECOMMENDATION

Conduct the public hearing, then retire to closed session to deliberate on the evidence received.