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Inasmuch as there was no timely legal challenge to the adequacy of the 1999 Mitigated Negative Declaration, the 1999 Mitigated Negative Declaration is conclusively presumed to be in compliance with CEQA(14 California Code of Regulations Section 15231). The County finds that the County certified the 1999 Mitigated Negative Declaration as adequate with findings that all potential significant impacts associated with the discharge were analyzed and would be mitigated to a level of less than significant. These findings by the County were supported by the issuance of two prior waste discharge permits by the Central Valley Regional Water Quality Control Board ("CVRWQCB" or"Regional Board")to the Mountain House Community Services District ("CSD") which granted the District the ability to operate the treatment facility as allowed by the County's Use Permits. The County finds that the findings of less than significance were further supported by the restrictions and conditions attached to the CVRWQCB permits issued to the CSD which require the CSD to maintain effluent levels and methods of discharge to a quality allowable by the Board. The County finds that the first permit granted by the Regional Board allows the CSD to operate a facility and apply the treated effluent over land conditioned to specific operating time frames during the year on lands that will be controlled through easement restrictions by the CSD. No discharges to Old River are allowed under the first permit. Under the second permit granted by the Regional Board involving effluent discharge to Old River, the CSD is not allowed to discharge tertiary treated effluent in to Old River until the CSD has performed adequate testing, the results of which meet the criteria established by the Regional Board to demonstrate that the effluent discharge will meet water quality standards and will not degrade the physical environment for fish and wildlife. The County finds that this does not constitute "deferred mitigation," rather, the Regional Board, as a responsible agency, will only permit discharge if its standards and criteria have been met. The County further finds that comments received concerning the impact of the Neighborhood F Project to the watercourses and/or to wildlife and fish have been addressed in the 1994 Master EIR and were also addressed in the 1999 Mitigated Negative Declaration associated with the Use Permits for the wastewater treatment plant and CEQA analysis performed for the CVRWQCB discharge permits. These comments do not constitute substantial evidence that these significant environmental effects will be more severe than shown in prior certified CEQA analysis or the 1994 Master EIR. Additionally, the discharge of effluent to Old River under the second permit must comply with all requirements associated with such a discharge at the time that the discharge is made. Thus, the conditions of the second permit are such that the CSD must demonstrate compliance with the Regional Board requirements at the time of discharge, including consideration of California Toxic Rule and Total Maximum Daily Load ("TMDL"). Concerning the comments received by the County relating to the discharge of storm water into Old River,the County finds that the CSD has adopted a Storm Water Master Plan which has been prepared in substantial compliance with both the policies for storm water management and best management practices (`BMP") listed in the Mountain House Master Plan, and incorporates standards and guidelines consistent with current 23