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<br />11/15/24 (P:\M-S\RWC2101.04 Docktown CE\PRODUCTS\Docktown_CEMemo_20241115.docx) 5 <br />the Response to Comments Document, that was certified by the City of Redwood City on May 8, <br />2018.5,6 <br />As described above, the City serves as a trustee for the submerged tidelands on which the Docktown <br />Marina is located, which includes only the land under Redwood Creek, not the land-based property <br />adjacent to the creek. In this role, the City owns the creek area on behalf of the citizens of California. <br />The creek area for which the City serves as trustee is separate from, and adjacent to, the 1548 <br />Maple Street development project. Therefore, the creek side improvements proposed as part the <br />1548 Maple Street development project are not included in the Docktown Marina Project. <br />Applicable Regulatory Requirements <br />The City will be required to comply with existing regulatory requirements as specified by the United <br />States Army Corps of Engineers (Corps), the Regional Water Quality Control Board (RWQCB) and the <br />Bay Area Air Quality Management District (BAAQMD), as described further below. <br />United States Army Corps of Engineers and Regional Water Quality Control Board. The City will be <br />required to obtain coverage under Nationwide Permit (NWP) No. 22 (Removal of Vessels) from the <br />Corps. NWP 22 is an existing permit/regulatory requirement that applies to the proposed removal of <br />all wrecked, abandoned, or disabled vessels or the removal of manmade obstructions to navigation. <br />Because NWP No. 22 is conditionally certified, the proposed project would not be required to obtain <br />a separate individual water quality certification from the RWQCB. However, the proposed project <br />would be required to submit a Notice of Intent (NOI) and application fee to the RWQCB, as required <br />by the conditions of the General Order for Clean Water Act Section 401 Water Quality Certification <br />Action Order No. WQ 2021-0048-DWQ (General Order).7 <br />In compliance with the General Order, project plans included in the NOI shall include appropriate <br />erosion and sediment control measures to protect water quality from fill and/or excavation impacts, <br />as much as possible.8 Therefore, the City and its contractor will be required to implement all <br />applicable Construction Conditions, as specified in Section VI. Conditions of the General Order and <br />are thus hereby incorporating the measures required by those existing regulatory requirements as <br />components of the proposed project. These conditions include, but are not limited to, the measures <br />described below. <br /> <br />5 LSA. 2018a. 1548 Maple Street Project Draft Environmental Impact Report, State Clearinghouse <br />#2017072011. January. <br />6 LSA. 2018b. 1548 Maple Street Project Response to Comments Document, State Clearinghouse <br />#2017072011. April. <br />7 State Water Resources Control Board. 2022. 2021 State Water Board General Order for the Corps’ <br />Nationwide Permits (Order No. WQ 2021-0048-DWQ). February 25. Available online at: <br />https://www.waterboards.ca.gov/water_issues/programs/cwa401/docs/2021/certification-denial-corps- <br />nationwide-permit-project-general -order -10122021.pdf (accessed November 5, 2024). <br />8 While the proposed project would not involve any fill, excavation or ground disturbing activities, these <br />measures have been incorporated into the project to ensure water quality is protected even from the <br />limited activities proposed under this project. <br />6.G. - Page 9 of 45 <br />187