SOUNDING BOARD -- Garry Brown

I want to clarify several points raised in your article (“Some

environmentalists see red over new runoff agreement,” March 10), which,

in our opinion, left your readers with the wrong impression of the

CoastKeeper’s involvement with the Crystal Cove development and a

two-year effort to protect the waters off Crystal Cove that concluded

last week in the signing of a settlement agreement with The Irvine Co.

Since its founding in 1999, the Orange County CoastKeeper has been

dedicated to the protection of Orange County’s coastal water. As a

result, CoastKeeper has focused considerable energy on a tremendous

problem for our beaches and marine environment: contaminated storm water

runoff.

Our focus in dealing with this problem has been to take actions that

we believe result in better project planning and engineering solutions to

ensure approved coastal developments comply with state and federal laws

and protect water quality. As an organization, we acknowledge and support

private property rights. Property rights do not, however, include the

right to pollute other property, and particularly not our marine habitats

and ocean.

In our effort to protect our waters, CoastKeeper works with the

responsible agencies, industry and individuals. It participates in the

regulatory process, and if necessary, brings legal actions.

Beginning in 1999, CoastKeeper and, members of the public in the area,

observed discharges of turbid water from the Irvine Company’s

construction project to Crystal Cove during rain storms, as well as

“mystery” flows from the area of the Pelican Hill Golf Course during dry

weather. A review of the state and local agency files indicated that the

effects of the Crystal Cove development were being ignored. Therefore,

CoastKeeper began a campaign that has resulted in today’s state of the

art water quality protection program at the Crystal Cove development.

In October 1999, we appealed the Santa Ana Regional Water Quality

Control Board’s waiver of the 401 requirements to the Federal Clean Water

Act regarding the Irvine Company project. The regional board had found

that the 635-home project had “no” impact on water quality.

In August 2000, the CoastKeeper participated in Coastal Commission

hearings on the project, and 19 special conditions were added to the

approval of the coastal development permit. While the Irvine Co.’s plan

incorporated a treatment train to achieve water quality from the appeal

area, the Orange County CoastKeeper was a primary opponent of the permit

because the development still had an inadequate water quality enhancement

plan. We sought more effective measures from the developer to ensure that

runoff from the project would not jeopardize the coastal waters,

designated by the state Water Resources Board.

Throughout 2000, we continued our campaign for meaningful protection.

In January 2000, we mailed a notice to the Irvine Co. and Pelican Hill

Golf Course of our intention to sue in federal court for their discharges

to Crystal Cove in violation of the Clean Water Act, and we subsequently

filed suit. The Regional Water Quality Control Board subsequently issued

a $148,000 civil penalty to the golf course operator.

A second appeal to the state Water Resource Board was initiated. We

urged the Santa Ana Regional Water Quality Control Board to issue, for

the first time in California, a “Cease and Desist Order” prohibiting

discharges of “waste” into sensitive coastal areas.

Over the past year, in numerous settlement discussions, it became

clear that both The Irvine Co. and Orange County CoastKeeper were

committed to finding a positive approach to protecting Crystal Cove. A

forum was created between the two parties to confer together for many

weeks, establish a working relationship, and most importantly, develop a

significantly-improved Water Quality Enhancement Plan for the Crystal

Cove project that is “cutting edge” for the building industry, for

residential developments and for coastal protection.

This plan includes mass grading protections, a complete treatment

train, bio-filtration for 95% of the project, year-round dry weather flow

diversion to the sewage plant and a comprehensive monitoring program. We

also agreed to a dispute resolution process to deal with any water

quality problems if they arise.

Though this has been a long, hard process, we are certain that the

Crystal Cove area will be better-protected from pollution. This agreement

and the resulting water quality enhancement plan will stand as a model

for other coastal developments throughout the state as it raises the bar

for water quality protection.

Further, we believe that the state and local agencies have a new

awareness of their responsibilities to protect our coast from the effects

of storm-water runoff.

Finally, we believe this represents a turning point for The Irvine Co.

in its understanding and approach to protecting water quality.

From the citizens that enjoy this part of heaven to the dolphins that

travel the Newport Coast daily, we all will be the beneficiaries of the

positive commitments made to this project by The Irvine Company and the

Orange County CoastKeeper.

I hope this clarifies the importance of our settlement to Crystal Cove

and to Orange County.

* Garry Brown is the founder and executive director of Orange County

CoastKeeper.