Mary Lynn K. Coffee

Mary Lynn Coffee has extensive experience obtaining all entitlement, permits, and approvals required for development projects under local, state, and federal resource protection laws, including CEQA, NEPA, the federal Clean Water Act (Sections 401, 402 and 404), the state Porter-Cologne Water Quality Act, the state and federal Endangered Species Acts, state streambed alteration provisions of the California Fish and Game Code, the National Historic Preservation Act, the California Subdivision Map Act, General and Specific Plans and zoning ordinances.

Ms. Coffee has established multiple comprehensive environmental compliance programs for real estate developers in many areas, including surface water quality, state and federal endangered species protection, wetland and riparian habitat protection, and CEQA documentation and mitigation and monitoring. She has developed the strategy and approach for, implemented and supervised CEQA and entitlement processes and documentation for many masterplanned communities and development projects.

In addition, she had managed state and federal environmental permitting and approval processes, and has supervised and performed legal work negotiating, preparing and reviewing environmental documentation, including regulatory applications, agreements and plans, impacts reports, permits, and responses to violations.

Ms. Coffee has been appointed as a member of the California Building Industry's environmental Select Council for Industry Litigation, is a member of the Board of Directors for the Building Industry Legal Defense Foundation, and serves as council to the Building Industry's water quality and climate change task forces. Recently, she served on the Legal Committee established by Secretary Christman, assisting California Resources Agency Deputy Secretary and General Counsel, Sandra Ikuta, in drafting CEQA improvement legislation.

Prior to joining Nossaman, Ms. Coffee was the Vice President of Environmental Compliance and Regulatory Affairs at The Irvine Company. In that role, her responsibilities consisted of design, implementation and supervision of state and federal environmental compliance programs. During her time at the Irvine Company, she was also responsible for CEQA compliance and management of the CEQA strategy, and content and preparation of CEQA environmental documentation for Irvine Ranch entitlement efforts.

Representative Work

The City of Ventura. Assisting the City of Ventura in developing an integrated and comprehensive strategy for obtaining environmental regulatory permits needed for, and assuring compliance of environmental regulations applicable to, discharges of tertiary treated wastewater to the Santa Clara River Estuary, which supports sensitive species, including the federally endangered tidewater goby and steelhead trout, the California least Tern, and the Snowy Plover, all while defending and working out settlement agreements with non-governmental organizations who have filed federal Clean Water Act (CWA) and state Porter Cologne Water Quality Control Act (Porter Cologne) litigation claims and administrative challenges.  Specific tasks for the City include advice, counsel and representation of the City in: addressing revisions to and renewal of the City's NPDES Permit under the CWA and Porter-Cologne; addressing permitting and compliance requirements under the federal and California Endangered Species Acts; addressing permitting and compliance requirements under Sections 404 and 401 of the federal Clean Water Act and Porter Cologne, and defense of, and settlement negotiations regarding CWA and Porter Cologne litigation and administrative challenges.

The California Building Industry Association. Providing strategic advice, and water quality counsel and regulatory work associated with the renewal of the statewide General NPDES Permit for stormwater discharges from construction sites.

The Building Industry Association of Southern California. Providing strategic advice, and water quality counsel and regulatory work associated with the renewal of General NPDES Permits for stormwater discharges from public storm drain systems in the County of Ventura, South Orange County, northern San Diego County, and incorporated cities therein.

The Newhall Land and Farming Company. Assisting client in developing strategy and approach to create defensible hydrology, surface water quality permitting, Section 401 certification, and CEQA impacts analysis that demonstrates compliance with all pertinent surface water quality requirements and regulations for the Soledad, Riverpark, and Landmark Village master planned communities. In addition, assisting Newhall in preparation of the first, subregional stormwater and hydromodification plan to be approved under provisions of the Los Angeles Regional Board MS4 Permit, which will replace project-by-project compliance with ever-changing MS4 Permit requirements. Also providing advice and counsel with respect to construction stormwater compliance issues, and assisting Newhall in its construction and operational programs for surface water quality protection.

The Irvine Company. Assisted client in obtaining Section 404, Section 401, and Section 1602 approvals, and in developing strategy and approach to create defensible hydrology, surface, water quality, and biological (including endangered species and wetlands) CEQA documentation demonstrating compliance with all pertinent surface water quality and endangered species and wetlands requirements and regulations for the Santiago Hills II, East Orange Planned Communities, Anaheim Mountain Park, and Newport Beach Pelican Hill master planned communities.

Tustin Legacy Park Partners (Centex Homes and Shea Homes). Assisting client in obtaining Section 404, Section 401, and Section 1602 approvals, and in developing strategy and approach to create defensible hydrology, surface water quality, and biological (including endangered species and wetlands) CEQA documentation demonstrating compliance with all pertinent surface water quality and endangered species and wetlands requirements and regulations for the MCAS Tustin, Tustin Legacy master planned community.

Brookfield Homes. Assisting client in developing strategy and approach to create defensible hydrology, surface water quality permitting, Section 401 certification, and CEQA impacts analysis that demonstrates compliance with all pertinent surface water quality requirements and regulations for the Park Place and Keystone master planned communities. Also assisting with general CEQA and environmental compliance for Diamond Bar Village residential development.

Building Industry Association of Southern California. Assisting client in responding to requirements with the potential to adversely affect the industry that are proposed by the State Water Resources Control Board and various Regional Water Quality Control Boards, including newly proposed surface water Section 303(d) impairment listings, TMDLs, and revised provisions of General NPDES Permits, including General Public Storm Drain (or MS4) NPDES Permits and the statewide General Construction NPDES Permit.

Valero Energy Corporation. Providing advice and counsel to Valero and its wholly-owned subsidiary, Ultramar Inc, in negotiating and responding to Regional Water Quality Control Board investigation and clean up orders.

Rancho Las Flores. Assisting the client in developing strategy and approach to create defensible hydrology, surface water quality permitting, section 401 certification and CEQA impacts analysis that demonstrates compliance with all pertinent surface water quality requirements and regulations for the 10,000 acre Rancho Las Flores master planned communities. Also assisting with general CEQA and environmental compliance for these planned communities.

Rancho Santa Margarita Business and Homeowners Associations. Assisting the client in understanding and responding to new water quality requirements with the potential to adversely affect the association as proposed by the San Diego Regional Water Quality Control Board, including newly provisions of the applicable General Public Storm Drain (or MS4) NPDES Permit.

Dove Canyon Master Association. Assisting client in development and implementation of an operational water quality program to assure compliance with applicable water quality requirements.

Centex Homes. Providing advice and counsel with respect to construction stormwater compliance issues. Assisting Centex divisions in preparing construction and operational programs for surface water quality protection.

Lucas & Mercier. Providing advice and counsel with respect to construction stormwater compliance issues. Assisting Lucas & Mercier in its construction and operational programs for surface water quality protection.

Empire Homes. Providing advice and counsel with respect to construction stormwater compliance issues. Assisting Empire in its construction and operational programs for surface water quality protection.

Standard Pacific Homes. Providing advice and counsel with respect to construction stormwater compliance issues. Assisting Standard Pacific divisions in preparing construction and operational programs for surface water quality protection.

Orange County Great Park Corporation. Assisting client in obtaining Section 404, Section 401, and Section 1602 approvals, and in developing strategy and approach to create defensible hydrology, surface, water quality, and biological (including endangered species and wetlands) CEQA documentation and project design features demonstrating compliance with all pertinent surface water quality and endangered species and wetlands requirements and regulations for the MCAS El Toro, Great Park. Assisting client with water quality and wetlands mitigation banking.

Irvine Ranch Water District. Assisted IRWD in developing strategy and approach to create defensible hydrology, surface water quality, biological (including endangered species and wetlands), and air quality impacts analysis, as well as other CEQA documentation demonstrating compliance with all pertinent surface water quality and other environmental requirements and regulations for the Natural Treatment System Water Quality Protection Master Plan for the San Diego Creek Watershed.

Seeno Construction/Discovery Builder. Serving as special endangered species and environmental counsel to the company in negotiating a memorandum of agreement setting forth its commitments to the State and federal wildlife agencies in their processing and approval of a regional multi-species HCP covering the entire eastern portion of Contra Costa County. Compliance and permitting work associated with this HCP requires detailed CEQA and NEPA analysis, state and federal endangered species advice and council, extensive negotiations with the Contra County Costa Habitat Conservation Planning Joint Powers Authority, the California Department of Fish and Game, the U.S. Fish and Wildlife Service, and riparian and wetlands permitting and compliance advice under the federal Clean Water Act, the California Fish and Game Code Streambed Alteration provisions, and the Porter-Cologne Water Quality Act.

Homeowners Association Water Quality Program. Represented a coalition of the seven major HOAs in the City of Rancho Santa Margarita and worked with City and RWQCB staff to develop the program. The American Public Works Association, Southern California Chapter recently awarded the program the 2005 Public Education Project of the Year.

Master Planned Communities. Assisted with the CEQA strategy and compliance and environmental permitting and compliance for the following master planned communities:

The Irvine Company—Entitlement Division. Former Vice President, Regulatory Affairs. Management of the CEQA approach and the content and preparation of CEQA environmental documents, including hydrology, surface water quality, air quality, biology (including endangered species and wetland protection) and other environmental analyses.

The Irvine Company—Corporate Affairs Division. Former Vice President, Environmental Compliance. Design, implementation and supervision of environmental compliance programs for all 7 divisions including implementation, monitoring and training for employees, construction contractors, and property managers in environmental compliance programs to assure compliance with state and federal requirements in the areas of surface water quality protection, endangered species and wetlands protection, cultural resources protection, air quality protection, CEQA and NEPA, and hazardous materials. Developed and implemented in coordination with the City of Irvine a comprehensive post-development storm water quality control program.

TMC Development/The Town Group. Vice President, Legal and Governmental Affairs. Supervised entitlement, permitting, compliance, legal work, and legislation and lobbying for 2 master planned communities in the City of Lake Elsinore, and an endangered species habitat conservation bank; participated in and directed governmental affairs efforts for a coalition to improve water quality for Lake Elsinore.