Consent Cease and Desist Order No. CCC-13 - State of California

2.15.13
Page 4 of 11
6. A provision that all work to be performed under this Order shall be done in
compliance with all applicable laws.
7. The Removal Plan shall include a site plan showing the location and identity of
all existing, temporary Best Management Practices (BMPs) installed to address
erosion control and water quality on the eastern portion of the site that are
proposed to remain in place. Such approved temporary BMPs shall be removed
within 24 months of issuance of these Orders and by no later than 180 days
subsequent to initiation of development authorized pursuant to the CDP. This
deadline may be extended by the Executive Director for good cause pursuant to
Section 13, below.
B. Upon approval of the Removal Plan by the Executive Director, Respondent shall
implement the plan completely, pursuant to the approved schedule/timeline included in
the plan, with all work under the Removal Plan to be completed as early as possible
pursuant to recommendations by the consulting resource specialist, but by no means later
than 90 days after issuance of any grading permit for the subject property or within 18
months of issuance of these Consent Orders, whichever occurs first. The Executive
Director may extend this deadline or modify the approved schedule upon a showing of
good cause, pursuant to Section 13 of these Consent Orders.
C. Within 30 days of the completion of the activities set forth in the Removal Plan,
Respondent shall submit to the Executive Director of the Commission a report
documenting removal of the Unpermitted Objects from the property. This report shall
include a summary of dates when work was performed and photographs that show
implementation of the Removal Plan, as well as photographs of the property before and
after the removal activities required by the Removal Plan have been completed, taken
from, and depicting, the same locations on the site.
4.4 Expanded Habitat Restoration and Management Program
A. Within 30 days of Respondent’s first submittal of a grading plan to the City of Dana
Point, or within 12 months of issuance of these Consent Orders, whichever occurs first,
Respondent shall submit an Expanded HRMP for the review and approval of the
Executive Director that satisfies the requirements of Special Condition #4 of Coastal
Development Permit No. A-5-DPT-05-306 and also incorporates restoration,
maintenance, and preservation, in the same manner and subject to all the same
requirements as the work done in the 1.9-acre restoration area, of all portions of the
Impacted Area outside the 1.9-acre HRMP restoration area but not within the
development footprint of the project authorized by the CDP. The final Expanded HRMP
approved by the Executive Director will satisfy the requirement to submit an HRMP
pursuant to Special Condition #4 of the CDP.
These Orders are designed to be complementary to any work which may be authorized
under the CDP. However, that does not affect the independent nature of each set of
requirements. The parties agree that nothing herein affects the obligations addressed in
Appendix A
CCC-13-CD-02&
CCC-13-RO-02
Page 4 of 13