STUDY PREPARED BY
THE TRIBE FOR THE RESORT PROJECT AND THE ENVIRONMENTAL ASSESSMENT PREPARED BY
THE TRIBE REGARDING THE DUGAN PROJECTS.
THE PARTIES PARTICIPATED IN A MEET AND
CONFER PROCESS AND UTILIZED THOSE DOCUMENTS TO IDENTIFY MEASURES TO MITIGATE THE
SIGNIFICANT ADVERSE IMPACTS OF THE EXISTING CASINO, RESORT PROJECT, AND DUGAN
PROJECTS WHICH MEASURES ARE SET FORTH IN THIS AGREEMENT.
6.2
THE TRIBE AGREES TO IMPLEMENT THE MITIGATION MEASURES SET FORTH IN
THIS AGREEMENT, INCLUDING EXHIBIT A AND, PURSUANT TO SECTION 15, INFORM THE
COUNTY OF THE STATUS OF THE IMPLEMENTATION OF SUCH MEASURES.
MITIGATION REPORTS
SHALL INCLUDE THE INFORMATION REQUIRED BY THIS AGREEMENT AND BE IN A FORM
SUBSTANTIALLY SIMILAR TO EXHIBIT A.
6.3
NPDES PERMITS.
6.3.1
BASED UPON THE WASTEWATER MITIGATION MEASURES CONTAINED IN
EXHIBIT A, AND OTHER PROVISIONS OF THIS AGREEMENT, THE COUNTY SHALL DISMISS WITH
PREJUDICE ITS PETITION FOR REVIEW OF THE TRIBE'S NPDES PERMIT ISSUED ON
APRIL 30, 2007.
6.3.2
THE COUNTY FURTHER AGREES THAT IT SHALL NOT FILE SUIT OR
OTHERWISE SEEK TO CHALLENGE A FUTURE NPDES PERMIT APPLICATION BY THE TRIBE FOR
THE RESORT PROJECT IF ALL OF THE FOLLOWING CONDITIONS ARE SATISFIED:
A.
THE TRIBE HAS SUBMITTED A DISCHARGE PLAN PREPARED BY A REGISTERED
ENGINEER DURING THE PERMITTING PROCESS THAT THE EPA HAS ACCEPTED BY APPROVING
THE NPDES PERMIT AND THAT SUCH A PLAN IS FEASIBLE.
AS USED HEREIN, "FEASIBLE"
SHALL MEAN THAT DURING THE TIME PERIOD FOR CONSIDERING SUCH COMMENTS BY THE EPA,
THE TRIBE HAS PROVIDED A DISCHARGE PLAN THAT INCLUDES:
16
(I)
AN OPERATIONAL HISTORY OF THE EXISTING FACILITY THAT DOCUMENTS
THE RATED DISPOSAL CAPACITY OF THE ON-SITE STORAGE AND DISPOSAL SYSTEM;
(II)
FOR INTERNAL REUSE OF TREATED WASTEWATER (IN COOLING TOWERS,
TOILETS/URINALS, ETC.), A REASONABLE ESTIMATE OF POTENTIAL INTERNAL REUSE AND
DOCUMENTATION SUPPORTING THAT ESTIMATE;
(III)
FOR DISCHARGES TO STREAM P1, AN ESTIMATE BASED UPON ACCEPTED
PROFESSIONAL STANDARDS OF THE AMOUNT OF WATER THE STREAM CAN ACCOMMODATE WITHOUT
RESULTING IN A SIGNIFICANT INCREASE IN EROSION, AND DOCUMENTATION SUPPORTING
THAT ESTIMATE;
(IV)
FOR DISCHARGES TO VEGETATION:
(1)
THE LOCATION, SIZE IN ACRES, AND SLOPE OF EACH POTENTIAL DISCHARGE
AREA;
(2)
THE PLANT SPECIES IN EACH POTENTIAL DISCHARGE AREA;
(3)
AN ESTIMATE OF THE IRRIGATION NEEDS OF EACH POTENTIAL DISCHARGE
AREA;
(4)
DOCUMENTATION SUPPORTING THAT ESTIMATE, INCLUDING CALCULATIONS
BASED ON THE CALIFORNIA DEPARTMENT OF WATER RESOURCES' GUIDE TO ESTIMATING
IRRIGATION WATER NEEDS OF LANDSCAPE PLANTINGS IN CALIFORNIA OR SIMILARLY
ACCEPTED SCIENTIFIC LITERATURE; AND
(5)
THE LOCATION AND DESIGN OF RUNOFF CONTROL STRUCTURES.
(V)
FOR STORAGE OF TREATED WASTEWATER, A WATER BALANCE CALCULATION,
BASED UPON ACCEPTED PROFESSIONAL STANDARDS, THAT IDENTIFIES THE VOLUME OF
STORAGE AND DISCHARGES TO IRRIGATION AND SURFACE WATER ON A MONTHLY BASIS AND
DOCUMENTATION SUPPORTING THAT CALCULATION;
B.
THE PERMIT IS NOT OPPOSED BY ANY FEDERAL AGENCY;
C.
THE PERMIT IS NOT OPPOSED BY THE STATE REGIONAL WATER QUALITY
CONTROL BOARD AND IT HAS NOT DETERMINED THAT SUCH A PERMIT VIOLATES THE WATER
QUALITY CONTROL PLAN FOR THE NORTH COAST REGION (THE "BASIN PLAN");
D.
THE PLANT