The TCA has actually been denied Waste Water Discharge Permits six separate times for construction of the Tesoro Extension of SR-241 south of the Oso Bridge (aka "F" Street aka Los Patrones)

Timeline

June 13, 2006 TCA submitted an application for Clean Water Act section 401 Water Quality Certification for the Tesoro Extension of SR-241 from Oso Parkway to the I-5 at the San Diego/Orange County line.
February 23, 2006 TCA submitted a final subsequent EIR and Notice of Determination which concluded that the impacts to wildlife, fisheries and vegetation could not be mitigated to less than significant levels.

DENIED

February 6, 2008 

On February 6, 2008, the San Diego Regional Water Board denied TCA's permit.

DENIED

February 6, 2008 

The California Coastal Commission (Coastal Commission) also rejected the toll road extension due to its recreational impacts to San Onofre State Park and San Mateo Creek, water quality effects, wetland impacts, and impacts to other environmental resources.
 DENIED

February 6, 2008 

TCA appealed the Coastal Commission's objection to the United States Secretary of Commerce. After holding its own public hearing, the Secretary of Commerce rejected the appeal, finding, among other things, that less environmentally damaging alternatives were available to meet the project need.
February 9, 2009 TCA formally withdrew their application.
August 10, 2012  On August 10, 2012, TCA filed a a new application with the San Diego Water Board for an initial segment of the toll road. This would extend SR 241 from its existing southern terminus at Oso Parkway approximately 5.5 miles south to Cow Camp Road in the vicinity of Ortega Highway (SR 74) in Orange County 

DENIED

June 19, 2013

A majority of San Diego Water Board members voted to deny TCA's permit.

July 19, 2013  TCA submitted an appeal of the denial to the State Water Board. 

June 12, 2014 

STUCK- The Parties come up with a new plan to have Rancho Mission Viejo build the Toll Road for them using it's 401 Wastewater Discharge Permit for "F" Street aka Los Patrones a free arterial highway in the event their appeal is denied.

On June 12, 2014, the TCA approved an Option Agreement with Developer [Rancho Mission Viejo] for an alignment for TEx. [the Tesoro Extension of SR-241]  The TCA also authorized its Executive Director to confirm to the County of Orange (County) that it has authorized and is in support of the proposed Agreement for Grant of Fee Credits in accordance with the Major Thoroughfare and Bridge Fee Program.  On June 13, 2014, the County received a letter from the TCA Acting Chief Executive Officer confirming this position.

Agenda Staff Report

Attachment A - Agreement for Grant of Fee Credits

Exhibit A - Grant Deed to County of Orange

Exhibit B - Irrevocable Offer to Convey

June 24, 2014

Orange County Board of Supervisors approved Agenda Item #25

25. Approve agreement D14-034 with RMV Community Development LLC for Transportation Corridor Agency fee credits for the Major Thoroughfare and Bridge Fee Program; authorize Director or designee to carry out terms of agreement and execute related documents; approve grant deed, Irrevocable Offer to Convey Real Property and Memorandum of Fee Credit agreement from Rancho Mission Viejo, LLC for right of way purposes of "F" Street; authorize Director or designee to execute related documents and necessary amendments; and find that Environmental Impact Report 589 previously certified by the Board of Supervisors on November 8, 2004 satisfy the requirements of the California Environmental Quality Act - District 5

September 23, 2014  The State Water Board remanded the matter back to the San Diego Water Board with direction

DENIED

November 24, 2014

Rancho Mission Viejo files an incomplete application for a 401 waste Water Discharge Permit for "F" Street aka Los Patrones Parkway as a free arterial road.

DENIED

March 16, 2015

The permit was denied again. TCA has no permission to build south of Oso Parkway. 
April 9, 2015 Rancho Mission Viejo completes its application for a 401 waste Water Discharge Permit for "F" Street aka Los Patrones Parkway as a free arterial road. 

So the TCA - the County of Orange and Rancho Mission Viejo Pivot to the Ranch Permit for "F" Street aka Los Patrones a FREE ARTERIAL ROAD.

At the same time they initiated a new EIR for Affordable Housing that showed their true intent which was to build only one alignment from the terminus of SR-241 at Oso Parkway to Pico in three segments.

This EIR was signed by Rose Fistrovic on May 15, 2015

The Water Board Permit granted to Rancho Mission Viejo as a private entity building a FREE ARTERIAL ROAD was signed by the Water Board on June 4, 2015

June 4, 2015

The San Diego Water Board "administratively approves" Rancho Mission Viejo's permit for "F" Street aka Los Patrones Parkway as a free arterial road and expressly states:

"F" Street is not the Tesoro Extension of SR-241 that was denied waste water discharge requirements by the San Diego Water Board in 2013 (proceeding on Tentative Order R9-2013-0007) or a facility related to SR-241 and the Tesoro Extension is not covered by this Certification. "F" Street will be operated by the County of Orange as a free road." 

However, contained within the permit was permission to do the grading and Wastewater Discharge south of Oso Parkway between the on and off ramps of Los Patrones Parkway. So in essence- the TCA used Rancho Mission Viejo's permit for Los Patrones to do the same work that has been denied all along. TCA/CalTRANS should have been named on this Permit. 

The projects that were actually built under this permit were:

1. Oso Bridge Project

2. "F'" Street aka Los Patrones Parkway Project  Tesoro Extension of SR-241 with modifications

3. The Oso Bridge Gap Closure Project 

These 3 projects are really the Tesoro Extension of SR-241 with modifications.

Rancho Mission Viejo had an obligation to disclose all of the following Agreements to the Water Board because a decision on the Ranch Permit was still under review.

(1) Agreement for Grant of Fee Credits

(2) Grant Deed to County of Orange

(3) Irrevocable Offer to Convey

and  

The July 18, 2006, Affordable Housing Agreement was approved pursuant to the Development Agreement for the Ranch Plan 

Rancho Mission Viejo only disclosed Agreement for Grant Fee Credits and not the property offers.