STATE WATER RESOURCES CONTROL BOARD

WORKSHOP SESSION--DIVISION OF WATER QUALITY

SEPTEMBER 6, 2000

ITEM 1

SUBJECT

CONSIDERATION OF A RESOLUTION APPROVING WITH CLARIFICATIONS AN AMENDMENT TO THE WATER QUALITY CONTROL PLAN FOR THE NORTH COAST REGION ESTABLISHING A TOTAL MAXIMUM DAILY LOAD FOR SEDIMENT IN THE GARCIA RIVER WATERSHED

DISCUSSION

The California Regional Water Quality Control Board, North Coast Region (North Coast Regional Board), adopted the Water Quality Control Plan for the North Coast Region (Basin Plan) on December 9, 1993. The adopted Basin Plan was approved by the

State Water Resources Control Board (SWRCB) on March 21, 1994 and by the Office of Administrative Law (OAL) on August 18, 1994. A narrative water quality objective for sediment is contained in the Basin Plan. Federal Clean Water Act (CWA) Section 303(d) requires the identification of water bodies that do not meet water quality objectives and where attainment of the objectives is not expected with implementation of technology based controls. For such listed water bodies the CWA requires the establishment of a total maximum daily load (TMDL) for the relevant pollutant to ensure attainment of the objective. The U.S. Environmental Protection Agency (USEPA) placed Garcia River on the CWA Section 303(d) list in 1993 due to impairment of beneficial uses by sediment from nonpoint sources of pollution. The beneficial uses impacted are cold freshwater habitat; spawning, reproduction and/or early development of cold water fish, such as

coho salmon, and steelhead trout, and estuarine habitat.

USEPA, in settlement of a lawsuit with Pacific Coast Federation of Fishermen’s Associations committed to develop TMDLs on 18 water bodies along the North Coast of California, including this TMDL for sediment in the Garcia River watershed. USEPA promulgated a TMDL for the Garcia River in March 1998. This proposed amendment incorporates the USEPA TMDL and an implementation plan in the Basin Plan.

On May 28, 1998, the North Coast Regional Board adopted Resolution No. 98-66 amending the Basin Plan to incorporate a TMDL for sediment in the Garcia River watershed. On December 10, 1998, the North Coast Regional Board adopted a revised Resolution No. 98-66 to correct minor errors and inconsistencies (Attachment A).

The amendment establishes numeric targets which are expected to result in the Garcia River meeting the sediment water quality objective by the compliance date

of 2049. In order to meet the objective, three options are provided to landowners in the watershed: (1) compliance with waste discharge prohibitions that apply to the Garcia River watershed, (2) compliance with approved erosion control and site-specific management plans, or (3) compliance with an approved erosion control plan and the general Garcia River Management Plan.

Subsequent to adoption of the amendment, staffs of the SWRCB and North Coast Regional Board identified items in the amendment that required clarification. The clarifications discussed below do not change the intent of the North Coast Regional Board action. Therefore, SWRCB staff proposes to make these clarifications at this stage of the approval process. The clarifications are:

1. The title of the amendment is unclear because it suggests that the document is a “summary” when in fact it is the complete amendment that will be codified in State regulations upon approval by the SWRCB and OAL. Therefore, staff recommends the title of the amendment be modified from: “Summary of the Garcia River Watershed Water Quality Attainment Strategy for Sediment” to “Garcia River Watershed Water Quality Attainment Action Plan for Sediment” (Attachment B). “Action Plan” is consistent with other Basin Plan site-specific programs. This clarification would also require that all references to the amendment as the “Strategy Summary” be modified to refer to the “Action Plan.”

2. The amendment makes a reference to the Mendocino County’s 1996 Report “Garcia River Management Plan” and incorporates by reference its recommendations for in-channel and off-channel gravel mining as requirements of the amendment. Staff proposes to clarify the amendment by placing those provisions directly into the amendment.

3. The amendment incorporates by reference monitoring specifications and requirements from the 1997 “Garcia River Watershed Water Quality Attainment Strategy for Sediment.” Staff proposes to clarify the amendment by placing the monitoring specifications and requirements into the amendment.

4. Miscellaneous deletions are also proposed for clarification throughout the amendment. All proposed changes are shown in “strike out” and “underline” format in Attachment B and listed in Attachment C.

This item was discussed at the November 1999 SWRCB Workshop, at which time it was continued indefinitely to allow the North Coast Regional Board to continue discussions with several landowners and the California Farm Bureau. Since then the North Coast Regional Board met with local property owners affected by the TMDL, the California Farm Bureau, the University of California Cooperative Extension, and other interested parties. As a result of these meetings, a consensus emerged that the submittal of group Erosion Control Plans and group Management Plans, as described in the TMDL, is an acceptable method for complying with the TMDL and controlling erosion. The group plans will allow the members of that group to retain a level of privacy, which was the major concern at the November 1999 Workshop. Participation in group plans is voluntary. In a letter dated June 1, 2000, the North Coast Regional Board requested the SWRCB to resume consideration of the Garcia River TMDL Basin Plan amendment. The letter included a statement in support of the clarifications shown in Attachment B.

POLICY ISSUE

Should the SWRCB:

1. Approve the amendment to the Water Quality Control Plan adopted under North Coast Regional Board Resolution No. 98-66 with the clarifications shown in “strike out” and “underline” format in Attachment B and listed in Attachment C. One of the clarifications is modifying the title of the amendment to: “Garcia River Watershed Water Quality Attainment Action Plan for Sediment”.

2. Authorize the Executive Director to submit the regulatory provisions of the amendment adopted under the North Coast Regional Board Resolution No. 98-66 as clarified to the OAL for approval.

3. Authorize the Executive Director to submit the amendment adopted under North Coast Regional Board Resolution No. 98-66 as clarified to USEPA for approval, subsequent to OAL approval.

FISCAL IMPACT

North Coast Regional Board and SWRCB staff work associated with or resulting from this action can be accommodated within budgeted resources.

RWQCB IMPACT

Yes, North Coast Regional Board.

STAFF RECOMMENDATION

That the SWRCB:

1. Approves the amendment to the Water Quality Control Plan adopted under North Coast Regional Board Resolution No. 98-66 with the clarifications shown in “strike out” and “underline” format in Attachment B and listed in Attachment C. One of the clarifications is modifying the title of the amendment to: “Garcia River Watershed Water Quality Attainment Action Plan for Sediment”.

2. Authorizes the Executive Director to submit the regulatory provisions of the amendment adopted under the North Coast Regional Board Resolution No. 98-66 as clarified to the OAL for approval.

3. Authorizes the Executive Director to submit the amendment adopted under North Coast Regional Board Resolution No. 98-66 as clarified to USEPA for approval, subsequent to OAL approval.

______________________________________________________________________________

AUGUST 28, 2000 DRAFT

STATE WATER RESOURCES CONTROL BOARD

RESOLUTION NO. 2000-___

APPROVING WITH CLARIFICATIONS AN AMENDMENT TO THE

WATER QUALITY CONTROL PLAN FOR THE NORTH COAST REGION ESTABLISHING A TOTAL MAXIMUM DAILY LOAD

FOR SEDIMENT IN THE GARCIA RIVER WATERSHED

WHEREAS:

1. The California Regional Water Quality Control Board, North Coast Region (North Coast Regional Board), adopted a revised Water Quality Control Plan for the North Coast Region (Basin Plan) on December 9, 1993, which was approved by the State Water Resources Control Board (SWRCB) on March 21, 1994 and by the Office of Administrative Law (OAL) on August 18, 1994.

2. On May 28, 1998, the North Coast Regional Board adopted Resolution No. 98-66 (Attachment A) amending the Basin Plan by incorporating a total maximum daily load (TMDL) for sediment in the Garcia River watershed.

3. On December 10, 1998, the North Coast Regional Board revised Resolution
No. 98-66 to correct minor errors and inconsistencies.

4. The SWRCB finds that the Basin Plan amendment titled “Summary of the Garcia River Watershed Water Quality Attainment Strategy for Sediment” is in conformance with the requirements for TMDL development specified in Section 303(d) of the Federal Clean Water Act (CWA).

5. The SWRCB finds that the title and various provisions of the amendment warrant clarification. The North Coast Regional Board has expressed its support for the clarifications for the amendment and recommends approval of the amendment.

6. The North Coast Regional Board staff prepared documents and followed procedures satisfying environmental documentation requirements in accordance with the California Environmental Quality Act and other State laws and regulations.

7. A Basin Plan amendment addressing surface water does not become effective until approved by the SWRCB and the regulatory provisions are approved by the OAL.

THEREFORE BE IT RESOLVED THAT:

The SWRCB:

2. Authorizes the Executive Director to submit the regulatory provisions of the amendment adopted under the North Coast Regional Board Resolution No. 98-66 as clarified to the OAL for approval.

3. Authorizes the Executive Director to submit the amendment adopted under North Coast Regional Board Resolution No. 98-66 as clarified to USEPA for approval, subsequent to OAL approval.

CERTIFICATION

The undersigned, Administrative Assistant to the Board, does hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the State Water Resources Control Board held on September 21, 2000.

Maureen Marché