1. Tesoro Extension (SR 241) Project Tentative Resolution No. R9-2015-0022
Good Morning

2. Resolution responds to State Water Board Order 2014-0054
State Board Order requires San Diego Water Board explanation of the factual and legal basis for its June 2014 denial of the Waste Discharge Requirements
Decision to adopt these findings will not change the previous decision to deny the Waste Discharge Requirements
Not reopening the evidentiary hearing related to the denial of Waste Discharge Requirements
First, I would like to clarify what the resolution is and is not.
Please keep in mind that the Resolution has been prepared to respond to a State Water Board Order, adopted in response to a petition received by the Transportation Corridor Agency. The State Water Board’s Order requires that the San Diego Water Board further explain the factual and legal basis for its denial of Waste Discharge Requirements for the Tesoro Extension Project.
The decision to adopt these findings will not change the previous decision to deny the Waste Discharge requirements, it will only clarify the foundation for the decision.
The San Diego Water Board is not reopening the evidentiary hearing related to the denial of Waste Discharge Requirements for the project,
The resolution is based on all evidence received at the March and June hearings in 2013, and evidence in the supporting administrative record.

3. SOCTIIP Project History
Foothill Eastern Transportation Corridor Agency (TCA) is the Applicant for the Project
February 2006, TCA certified a Final Subsequent Environmental Impact Report (FSEIR) for the Southern Orange County Transportation Infrastructure Improvement Project (SOCTIIP)
June 2006, TCA applied for a Water Quality Certification for the SOCTIIP Project
On February 23, 2006, TCA certified a Final Subsequent Environmental Impact Report for the Southern Orange County Transportation Infrastructure Improvement Project (SOCTIIP) and filed a Notice of Determination.
In support of the FSEIR, TCA adopted findings and a statement of overriding considerations for the SOCTIIP project. TCA found that impacts to wildlife, fisheries and vegetation could not be mitigated to a less than significant level.
On June 13, 2006 the TCA submitted an application for Clean Water Act section 401 Water Quality Certification for the SOCTIIP (Water Quality Certification Application No. 06C-064).

4. SOCTIIP Location
The SOCTIIP toll road extension would have added approximately 16 miles of toll road to the current terminus of State Route 241 (SR 241) at Oso Parkway in Southern Orange County and extended the SR 241 south and parallel to Interstate-5 (I-5) before merging with I-5 near the Orange County-San Diego County Line.

5. SOCTIIP Project History
February 2008 San Diego Water Board denied SOCTIIP Certification Application without prejudice
Expressed concerns that the project, as proposed, would not meet water quality standards
At the same time the SOCTIIP project was rejected by the California Coastal Commission and Secretary of Commerce
TCA withdrew their SOCTIIP Certification application February 2009
On February 6, 2008, the San Diego Water Board Executive Officer denied the Water Quality Certification without prejudice and expressed concerns that the project, as proposed, would not meet water quality standards. Water quality standards include the water quality objectives and beneficial uses contained in the Basin Plan and the state-wide Antidegradation Policy. The project application did not address outstanding concerns expressed by the San Diego Water Board regarding the proposed habitat mitigation plan, anti-degradation, the runoff management plan, and water quality monitoring.
On February 6, 2008, the SOCTIIP toll road extension was rejected by the California Coastal Commission due to its recreational impacts to San Onofre State Park and San Mateo Creek, water quality effects, wetland impacts, and impacts to other environmental resources.
TCA appealed the Coastal Commission’s objection to the United States Secretary of Commerce. After holding its own public hearing, the Secretary of Commerce rejected the appeal, finding, among other things, that less environmentally damaging alternatives were available to meet the project need. Although the Department of Commerce upheld the coastal commissions decision, they did not limit TCA from pursuing another route for its proposed toll road as long as it is consistent with California’s coastal zone management program.

6. Tesoro Extension Project History
August 2012 TCA filed a Report of Waste Discharge for the Tesoro Extension Project (Tesoro Extension)
On August 10, 2012, TCA filed a report of waste discharge for the Tesoro Extension Project with the San Diego Water Board.

7. Location of Tesoro Extension Project
This initial segment of the SOCTIIP toll road extension would extend State Route 241 from its existing southern terminus at Oso Parkway approximately 5.5 miles south to Cow Camp Road in the vicinity of Ortega Highway in Orange County.
In TCA’s report of waste discharge, SR 241 would now terminate at Cow Camp Road immediately north of San Juan Creek in Orange County.
The Tesoro Extension project is a portion of the larger State Route 241 Foothill South Toll Road project. The larger project is a 16 mile stretch shown here in green and stretches from Oso Parkway to I-5 near San Onofre. The tentative order only applies to the Northern-most 5.5 miles of the Foothill South Toll Road project.
A majority of the key issues regarding the tentative order are related to whether the Board should consider the potential impacts of the entire 16 mile reach of Foothill South Project during its consideration of the tentative order. TCA maintains that the 5.5 mile Tesoro Extension portion of Foothill South Project has independent utility and is needed even without construction of the entire project south of cow camp road.

8. Tesoro Extension Project Impacts
The Tesoro Extension would avoid the Coastal Zone and all waters subject to federal jurisdiction, thereby obviating the need for a consistency determination from the Coastal Commission, a Clean Water Act section 404 permit from the Army Corps of Engineers, and Water Quality Certification from the San Diego Water Board.
The Tesoro Extension Project, shown here in yellow , extends from Oso Parkway [POINTER] to the future Cow Camp Road shown here in Black [POINTER] with possible future off ramps here at “G” Street [POINTER] .
The purpose of the Tesoro Extension Project is to provide improvements to the south Orange County transportation infrastructure that will help reduce existing and future traffic congestion on the I-5 freeway and the arterial network in south Orange County. The areas shown here in red are included in the Rancho Mission Viejo Ranch Plan Development, portions of which are currently under construction.
The footprint for the Tesoro Extension Project includes areas for grading, remedial grading, and construction disturbance areas. In addition to the paved road and associated bridges and interchanges, the construction area includes access roads, materials storage areas, areas for utility relocations, and areas for the construction of Best Management Practices.

9. Tesoro Extension Project History
March 2013 San Diego Water Board opened hearing considering Waste Discharge Requirements for the Tesoro Extension
June 2013 San Diego Water Board Denied the Tentative Revised Waste Discharge Requirements for the Tesoro Extension
On January 17, 2013, the San Diego Water Board released the Tentative Order No. R , Waste Discharge Requirements for the Tesoro Extension (SR 241) Project for a 30 day public comment period and then extended the comment period an additional week.
On March 13, 2013, the San Diego Water Board opened a public hearing to consider adoption of the Tentative Order. The San Diego Water Board received testimony and accepted written comments but did not take final action on the Tentative Order.
At the March hearing, the San Diego Water Board directed TCA, the Save San Onofre Coalition (Coalition), and any interested persons to submit written responses to five supplemental California Environmental Quality Act (CEQA) questions within a 2 week comment period.
TCA and the Coalition responded to the supplemental questions. TCA stated that the Tesoro Extension is a modification of SOCTIIP, and it prepared an Addendum to the SOCTIIP FSEIR to document changes to the toll road extension.
On April 18, 2013, the Board of Directors of TCA approved an Addendum to the SOCTIIP SEIR for the Tesoro Extension. TCA determined that an Addendum and FSEIR would serve as its environmental documentation for the Tesoro Extension Project.
The San Diego Water Board received the Addendum to the FSEIR filed by TCA on April 23, 2013 and considered the contents of the Addendum along with the FSEIR prior to reaching its decision.
The Addendum notes that the Tesoro Extension as analyzed in the FSEIR and Addendum does not preclude a connection to any of the 19 toll road alternatives evaluated in the SOCTIIP technical reports.
On May 30, 2013 a Revised Tentative Order for the Tesoro Extension Project was released for one week public review and comment. Written comments were limited to: 1) revisions to the Tentative Order since the March public hearing; and 2) comments pertaining to CEQA. The San Diego Water Board received written comments from TCA, the Coalition and other interested parties.
On June 19, 2013, the San Diego Water Board continued the public hearing to consider adoption of the Revised Tentative Order, comments on the Project’s compliance with CEQA, and the revisions to the Tentative Order proposed since the March 13, 2013 hearing.
At the June 19, 2013 hearing a majority of San Diego Water Board members voted to deny adoption of Revised Tentative Order. Board members in the majority cited concerns about water quality impacts and an inaccurate and incomplete project description. Board members determined that based on testimony received, and evidence in the record, the Tesoro Extension Project was part of the larger SOCTIIP toll road extension that would extend the toll road south of San Juan Creek connecting to Interstate 5.

10. Tesoro Extension Project History
July 2013 TCA appealed the denial decision to the State Water Board
December 2013 San Diego Water Board filed a response to the petition supporting the denial
September 2014 State Water Board adopted Order WQ , remanding the matter to the San Diego Water Board to further explain the factual and legal basis for its denial
July 2013 TCA appealed the denial decision to the State Water Board
September 2014, State Water Board adopted Order WQ , remanding the matter to the San Diego Water Board to further explain the factual and legal basis for its denial