The Center for Biological Diversity sent the city of Pittsburg and Concord-based West Coast Home Builders Inc., owned by A.D. Construction Co., a 60-day notice this week saying that the center intends to sue under the Federal Endangered Species Act for the developer's alleged destruction of wetlands when building the project.
The California Department of Fish and Game had already ordered the developer not to fill, dredge or grade within 20 feet of any creek or pond at its San Marco subdivision or use water from the area in an August notice suspending the company's Streambed Alteration permit.
The San Marco project includes housing, commercial and retail development on a steep site along Bailey Road in Pittsburg.
Fish and Game officials say that the project was in violation of 5 separate terms of the agreement when they added a new elevated stream channel on top of an existing one into which they allegedly dumped 50 feet of fill and removed the creeks, tributaries and wetlands.
According to the Department of Fish and Game, the developer also failed to do any of the planting required in an order to compensate for lost vegetation. In addition, officials say that the developer may have destroyed legally protected animals by draining 2 ponds that it called "sediment basins" without completing legally required surveys.
The letter also claims that the developer did not obtain legal authorization from Pittsburg planning officials to work on the project until two years after they had begun work on it.
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