Elk River TMDL
The Action Plan for the Upper Elk River Sediment Total Maximum Daily Load (TMDL) has been approved by the Office of Administrative Law and the U.S. Environmental Protection Agency as an amendment to the Water Quality Control Plan for the North Coast Region. The Action Plan is now in effect under state and federal law.
- April 4, 2018 – Approved by U.S. Environmental Protection Agency
- March 8, 2018 – Approved by the Office of Administrative Law (OAL)
- August 1, 2017 – Approved by the State Water Resources Control Board
- May 12, 2016 – North Coast Regional Water Quality Control Board Adoption
The North Coast Regional Water Quality Control Board (Regional Water Board) and the U.S. Environmental Protection Agency (USEPA) have listed the Elk River Watershed under the Clean Water Act Section 303(d) as a sediment-impaired waterbody. Sediment discharges and sedimentation exceed the water quality objectives for sediment, suspended material, settleable matter, and turbidity resulting in adverse impact to several beneficial uses, including domestic water supplies (MUN), agricultural water supplies (AGR), cold water habitat (COLD); spawning, reproduction and early development (SPWN); rare, threatened, or endangered species (RARE), and recreation (REC-1 and REC-2). Sedimentation has also resulted in conditions of nuisance, including elevated rates of annual flooding, loss of property, loss of use of property, loss of access to property, and risk to human health and welfare.
A program is being developed to recover 303(d) List waterbodies via the establishment of Total Maximum Daily Loads (TMDL). At this time, Regional Water Board staff is proposing to establish a sediment TMDL and a Program of Implementation for the Upper Elk River in the Elk River Watershed (TMDL Action Plan), including the reaches of river most severely impacted by sedimentation. The purpose of TMDL Action Plan for the Upper Elk River is to establish the river's capacity to transport sediment loads while meeting water quality standards and restoring beneficial uses of the upper watershed. Regional Water Board staff is proposing the TMDL Action Plan by assessing and quantifying sources of sediment, developing indicators of hillslope stability and stream channel recovery, and establishing the sediment load reductions that are necessary to meet water quality
August 17, 2017 Regional Water Board Information Item
On August 17, 2017, during the Regional Water Board meeting in Santa Rosa, there was an informational item providing updates of the Upper Elk River Sediment TMDL. The item covered the State Board approval of the TMDL Action Plan, the progress of the Elk River Recovery Assessment, and the status of the Elk River Watershed Stewardship Program. Below are links to documents related to the informational item:
State Board Approval
The State Water Resources Control Board hearing to approve the TMDL Action Plan is scheduled for August 1, 2017. The public comment period closed on Tuesday, January 17, 2017. Non-substantive revisions have been added to the TMDL Action Plan and these revisions are detailed in the Executive Officer’s Corrections Memorandum to the State Water Board.
- Executive Officer’s Corrections Memorandum
- Revised TMDL Action Plan (clean)
- Revised TMDL Action Plan (strikeout-underline)
- Draft State Board Resolution Approving TMDL Action Plan
- Response to Comments
State Water Board Meeting Agenda and associated documents will be posted ten (10) days before the scheduled hearing date. Please visit the web links below for additional information and access to associated documents.
Regional Water Board Adopted TMDL Action Plan
On May 12, 2016 the Regional Water Board adopted the Action Plan for the Upper Elk River Sediment TMDL as an amendment to the Water Quality Control Plan for the North Coast. Staff provided the Board with a summary of the April 7 meeting and the clarifying edits to the TMDL Action Plan. Board deliberations proceeded with the public record closed and no additional public comments. The adopted TMDL Action Plan will next receive a hearing before the State Water Resources Control Board with appropriate notices given, undergo review by the Office of Administrative Law, then go to the US Environmental Protection Agency for final approval.
- Signed Adopting Resolution No. R1-2016-0017
- Adopted TMDL Action Plan
- Executive Officer's Summary Report
May 12, 2016 Regional Water Board Hearing
The April 7, 2016 hearing concluded without a decision of the Board. Certain edits to the Upper Elk River TMDL Action Plan were contemplated by the Board toward the end of the hearing on April 7, 2016. Staff has reviewed and refined those. The edits reflect minor changes requested by Board members to clarify 1) how hillslope indicators and targets are used to inform Board decision-making; 2) that a load allocation does not constitute an effluent limitation or a waste load allocation and that the Board has discretion in implementing it in WDRs, waivers or other actions to reduce and eliminate waste discharges; and 3) that staff will review the sediment source analysis for the Upper Elk River, sediment deposition in the impacted reach and Lower Elk River, and the need for a Lower Elk River sediment TMDL, in its five year reassessment using Recovery Assessment tools and other available data, as appropriate. These edits are not substantive and fall within the logical outgrowth of the content previously noticed for this item. As expressed on April 7, 2016, the public hearing on this agenda item has been closed and no new testimony or evidence will be accepted. The Board will resume its deliberations on this matter on May 12, 2016 at the Wiyot Community Center in Loleta.
- Revised Notice of Hearing
- Revised Proposed TMDL Action Plan (strikeout-underline version)
- Revised Proposed TMDL Action Plan (clean)
- Adopting Resolution
April 7, 2016 Regional Water Board Hearing, decision postponed
A hearing to consider adoption of the proposed Action Plan for the Upper Elk River Sediment TMDL was held on April 7, 2016 at the Eureka City Council Chambers. The agenda for this hearing and audio recording can be found on our webpage at:
The Action Plan for the Upper Elk River Sediment TMDL was Item 5 on the agenda. The documents associated with this item were:
- Executive Office Summary Report
- Adopting Resolution
- Proposed Action Plan for the Upper Elk River Sediment TMDL
- Response to Comments , [Attachment 1 - Public Comment Letters], [ Attachment 2 - Staff Memo], [Attachment 2A-Attachment to Staff Memo], [Attachment 2B-Attachment to Staff Memo]
- Change Sheet to TMDL Action Plan
February 5, 2016 Staff Workshop
- Notice of Public Comment Period, Workshop, and Hearing
- Audio for February 5, 2016 Public Workshop
- Draft Basin Plan Amendment - Action Plan for the Upper Elk River Sediment TMDL (TMDL Action Plan)
- Upper Elk River: Technical Analysis for Sediment (Technical Report)
The Upper Elk River Technical Analysis for Sediment (technical report) represents a comprehensive assessment of sediment conditions and associated beneficial uses in the Elk River Watershed, and presents the best available and relevant science. The Technical Report describes the Elk River Watershed setting, the applicable regulatory framework, and desired watershed conditions. It further documents the sediment impairments, identifies and quantifies the sources of excess sediment, and estimates the sediment loading capacity of the system, distinguishing between current and future sediment loading capacity. Finally, the Technical Report proposes a TMDL for sediment as supported by the existing data, as well as a framework for implementation, monitoring, and adaptive management.
Please Note: The documents available for public review and comments are 1. TMDL Action Plan and 2. Technical Report. Comments on the Technical Report submitted in association with review of the draft WDR for HRC need not be repeated as part of comments on the draft TMDL Action Plan. Commenters are requested to simply provide reference to any previously submitted comments.
In July 2013, the North Coast Regional Water Quality Control Board (Regional Water Board) made available to the public via its website the Peer Review Draft Staff Report to Support the Technical Sediment Total Maximum Daily Load (TMDL) for the Upper Elk River (Peer Review Draft Staff Report). The document is accompanied by the peer reviewers' curricula vitae, their individual comment letters, and the Regional Water Board's responses to peer review comments.
Public Comment Letters Received for Technical Report and Draft TMDL Action Plan:
Available Documents - WDR
The draft Elk River Sediment TMDL Action Plan includes a number of regulatory and nonregulatory measures to implement the proposed TMDL. Adoption of a Waste Discharge Requirement (WDR) for Humboldt Redwood Company (HRC) to control sediment discharges from HRC-owned timberlands in Upper Elk River in conformance with the TMDL is one of the proposed regulatory measures. Information regarding a draft WDR for HRC, public comments received, and other related information can be found in the link below:
Available Documents - CEQA
The primary regulatory component of the TMDL Action Plan(draft WDR for HRC) is subject to a separate public notice listed above. The draft WDR is accompanied by a draft Initial Study and Mitigated Negative Declaration (IS/MND) that analyzes potential impacts from the draft WDR, and identifies mitigation measures to reduce those impacts. If adopted, the MND satisfies CEQA requirements for the regulatory portion of the TMDL Action Plan applicable to HRC. Other implementation actions for upstream activities in Table 4 of the TMDL Action Plan are subject to various permitting structures that have existing CEQA coverage.
The non-regulatory components of the TMDL Action Plan (i.e., instream remediation, channel restoration, and the Watershed Stewardship Program) also require CEQA coverage. As explained in the IS/MND for the draft WDR, the instream remediation, channel restoration and Watershed Stewardship Program may result in large projects that are beyond the scope of the MND. As explained in more detail in the public notice above, the Regional Water Board intends to rely on the Temperature Policy Substitute Environmental Documentation (SED) and Restoration Policy Addendum (Restoration Addendum) for CEQA compliance for the restoration components of the TMDL Action Plan.
The SED includes a programmatic statement of overriding considerations if the State or Regional Water Board finds that a project's potentially significant, unavoidable environmental impacts could be acceptable in light of the benefits of attainment and protection of beneficial uses. The Regional Water Board will consider the collective CEQA documentation, including the draft WDR/ MND, Temperature Policy SED, and Restoration Addendum when considering the adoption of the TMDL Action Plan. Decision-makers will have the benefit of project-level CEQA review of any large-scale restoration projects.
Substitute Environment Document (SED) for Temperature Policy:
November 19, 2015 Regional Water Board Workshop
On November 19, 2015, staff of the Regional Water Board gave an informational workshop to update the Board, responsible parties and other interested persons on the development of the sediment TMDL and the WDR for the control of nonpoint source waste discharges from timberlands in the Upper Elk River Watershed. No formal action was taken by the Board at this workshop.
May 7, 2014 Regional Water Board Workshop
There will be an informational workshop to update the Board, responsible parties and other interested persons on the development of the Total Maximum Daily Load (TMDL) and the Waste Discharge Requirements (WDR) for the control of nonpoint source waste discharges from timberlands in the Upper Elk River watershed. No formal action will be taken by the Board as this workshop. This is an opportunity for affected parties and interested stakeholders to address the Regional Water Board members and for the Board to provide policy direction to staff to inform the strategy for implementing the TMDL/WDR. The Executive Officer's Summary Report and the Workshop Agenda describes material to be covered at the workshop. The workshop will be held from 1:00-5:00 P.M., Wednesday, May 07, 2014 at the River Lodge Conference Center located at 1800 Riverwalk Drive in Fortuna, California.
Peer Review Draft Staff Report to Support the Technical Sediment Total Maximum Daily Load for the Upper Elk River and Associated Documents
Staff of the Regional Water Board developed the Peer Review Draft Staff Report to Support the Technical Sediment Total Maximum Daily Load for the Upper Elk River (Peer Review Draft Staff Report). Working with the Cal/EPA Scientific Peer Review Program, the Peer Review Draft Staff Report has undergone external scientific peer review of the scientific portions of the assertions, findings, and conclusions, including the soundness of the scientific knowledge, methods, and practices as presented in the Peer Review Draft Staff Report.
Links to the Peer Review Draft Staff Report, a cover letter describing its context in the TMDL development process, the peer review comments, and staff responses to those comments are provided below. While staff welcomes informal comments from interested parties on the Peer Review Draft Staff Report and the Response to Comments, no formal public comment period will be initiated at this stage in the process.
Over the coming months, staff will be working on revising the Peer Review Draft Staff Report for release in spring 2014 as the Public Review Draft TMDL Staff Report by:
- Making revisions in response to the peer review comments, consistent with the revisions identified in the Response to Comments;
- Developing more completely the implementation and monitoring chapters; and
- Making revisions to support the adoption of an implementation program as described in the cover letter and Response to Comments.
Concurrently, staff will begin the development of the draft Upper Elk WDR, the regulatory vehicle to control, prevent, and remediate the discharge of sediment from timber operations and associated activities in the Upper Elk River watershed. The Upper Elk WDR will be based on the fundamental scientific findings associated with the load allocations, targets, and implementation framework in the Peer Review Draft Staff Report. The implementation and monitoring chapters of the Public Review Draft TMDL Staff Report will be drafted consistent with development of the draft Upper Elk WDR. The draft Upper Elk WDR is scheduled for release at the same time as the Public Review Draft TMDL Staff Report in spring 2014.
Upper Elk River TMDL Peer Review Documents:
- Cover letter associated with public release of the Peer Review Draft Staff Report to Support the Technical Sediment Total Maximum Daily Load for the Upper Elk River and related documents
- Peer Review Draft Staff Report to Support the Technical Sediment TMDL for the Upper Elk River (March 4, 2013)
- Appendices 1-A thru 6-D as a single zip file
- Appendix 1-A: Delineation of Elk River Waterbodies
- Appendix 1-B: Support for Identification of Wetland-Related Beneficial Uses in Elk River
- Appendix 2-A: Modifications to Humboldt Bay
- Appendix 2-B: LiDAR Data Collection and DEM Development Report
- Appendix 2-C: Summary of Regional Water Board Regulatory and Non Regulatory Actions in Upper Elk River (RCAA NRS, 2003)
- Appendix 3-B: Summary of Fisheries Information in Elk River
- Appendix 3-C: Elk River Recovery Assessment Project Description
- Appendix 3-D: Elk River Hydrodynamic and Sediment Transport Pilot Modeling Report (NHE and Stillwater, 2012)
- Appendix 3-E: Evaluation of the Severity of Ill Effects to Juvenile Salmonids due to Suspended Sediment Dose
- Appendix 4-A: Study Subbasin Approach
- Appendix 4-B: Empirical Sediment Budget Approach
- Appendix 4-C: Management-Related Channel Initiation
- Appendix 4-D: Elk River Bank Erosion Report (PWA, 2008a)
- Appendix 4-E: Streamside Landslide Survey Report (Excerpted from PWA, 2006b)
- Appendix 4-F: Management-Related Shallow Landslide Summarized by Ownership
- Appendix 4-G: Management-Related Discharge Sites Summarized by Ownership
- Appendix 4-H: Summary Hillslope Sediment Loading Estimates by Subbasin
- Appendix 5-A: Analysis of Sediment Loads in Conformance with Water Quality Objective for Turbidity
- Appendix 6-A: Description of Proposed Water Quality Objective for Watershed Hydrology
- Appendix 6-B: Evaluation of Peak flow threshold to Control Suspended Sediment Loads in Conformance with Load Allocations
- Appendix 6-C: Evaluation of Canopy Removal in Conformance with Peak flow Target
- Appendix 6-D: Landslide Hazards in Elk River Report (Stillwater, 2007)
- Response to Peer Review Comments
- Appendix A: Letter from North Coast Regional Water Quality Control Board to Cal/EPA Requesting External Scientific Peer Review of the of Upper Elk River TMDL Staff Report (July 17, 2012)
- Appendix B: Letter from Cal/EPA to North Coast Regional Water Quality Control Board Approving and Identifying Peer Reviewers (January 15, 2013)
- Appendix C: Comment Letter from Dr. Victor R. Baker
- Appendix D: Comment Letter from Dr. Greg Ruggerone
- Appendix E: Comment Letter from Dr. Sondra Miller
- Appendix F: Comment Letter from Dr. Timothy Stark
Curriculum Vitaes of Peer Reviewers:
- Curriculum Vitae for Dr. Victor R. Baker
- Curriculum Vitae for Dr. Greg Ruggerone
- Curriculum Vitae for Dr. Sondra Miller
- Curriculum Vitae for Dr. Timothy Stark
Informal Comment Letters on the Peer Review Package:
As a result of staff outreach on the Peer Review Draft TMDL Staff Report, several written comment letters have been received; staff will consider the comments in its revisions but generally will not be providing written response to each. Upon release of a Public Review Draft TMDL Staff Report, a formal public comment period will be held; staff will respond to comments received during that public comment period. The informal written comments received on the Peer Review Draft TMDL Staff Report are provided here, in the order received:
- Green Diamond Resource Company (11/21/13)
- Humboldt Redwood Company (12/2/13)
- Friends of Elk River (1/15/14)
- Lee MacDonald 1 (1/17/14)
- Lee MacDonald 2 (2/2/14)
- Jack Lewis and Randy Klein (3/5/14)
- Reports cited in Lewis and Klein comments available at:
- Stephanie Bennet Noell (3/25/14)
- Lee MacDonald 3 (3/27/14)
- California Department of Forestry and Fire Protection (4/8/14)
- Jack Lewis (5/28/14)
- California Department of Forestry and Fire Protection (6/18/14)
- California Department of Fish and Wildlife (10/6/14)
- Response to Informal Comments Received on The Peer Review Draft Staff Report for the Sediment TMDL in The Upper Elk River
November 16, 2013 Elk River Forum Sponsored by the Humboldt County Board of Supervisors
On November 16, 2013, the Humboldt County Supervisors sponsored an Elk River Forum, in coordination with Friends of Elk River, and Redwood Community Action Agency. The Elk River Forum was held in response to a petition brought to the Supervisors by Elk River residents. Multiple speakers were arrayed and responded to questions from a panel. Panel members were: Kristi Wrigley (North Fork resident and apple farmer), Jesse Noell (South Fork resident), Scott Sherman (Berta Road, Mainstem resident), John Estevo (Mainstem Elk River dairyman), Mike Miles (Humboldt Redwood Company), and Gary Rynearson (Green Diamond Resource Company). Speakers included: Adona White (North Coast Regional Water Quality Control Board), Jack Lewis (Hydrologic Statistician), Jessica Hall (Humboldt Bay Keeper), Jim Robbins (California Department of Forestry and Fire Protection), Darren Mierau (California Trout), and Greg Blomstrom (Baldwin, Blomstrom, Wilkinson and Associates, Inc.). The audience included Elk River residents, two Humboldt County supervisors, environmental advocates, resource specialists, and representatives of public agencies. Links to the presentations made at the Elk River Forum are included below.
- Upper Elk River Sediment Total Maximum Daily Load, Adona White (North Coast Regional Water Quality Control Board)
- Trends in Sediment Transport and Deposition in the lower Elk River 2991-2013, Jack Lewis (Hydrologic Statistician)
- Muddy Waters, Jessica Hall (Humboldt Bay Keeper)
- The Role of Timber Harvesting Regulation in Elk River's Recovery, Jim Robbins (California Department of Forestry and Fire Protection)
- Elk River Forum, Darren Mierau (California Trout)
- Elements of an Ecologically Sound Watershed Recovery Plan for the Elk River Watershed, Greg Blomstrom (Baldwin, Blomstrom, Wilkinson and Associates, Inc.)
Participants generated a list some Desired Outcomes resulting from watershed TMDL and other watershed recovery efforts.
May 2, 2013 Regional Water Board Information Item on Upper Elk TMDL Development
On May 2, 2013, during the Regional Water Board meeting in Eureka, there was an informational item on the status of the Upper Elk River Sediment TMDL development. Information related to this item may be found in the Executive Officer's Summary Report and Power Point Presentation.
Elk River Recovery Assessment and Pilot Project Implementation
The Regional Water Board received funding from the State Water Resources Control Board's Cleanup and Abatement Account to conduct the Elk River Recovery Assessment to Restore Beneficial Uses and Abate Nuisance Flooding Conditions (Recovery Assessment) and Sediment Remediation Pilot Project (Pilot Project). The Recovery Assessment is designed to assess the fate and transport of fine sediment in the middle and lower reaches of the Elk River from the top of the depositional reach (upstream of the confluence of the North and South Forks) downstream to Humboldt Bay. The Recovery Assessment project requires the collection of sediment and hydraulic data which will be used to populate hydrodynamic and sediment transport models within which several different remediation scenarios can be tested. The end product of the Recovery Assessment will be a feasibility study report from which a remediation action plan can be developed.
The Pilot Project will involve the mechanical removal of instream sediment from a pre-selected site to monitor and model the site parameters under which mechanical sediment removal successfully contributes to the improvement of stream channel hydrodynamics.
March 15, 2012 Public Workshop
On March 15, 2012 the Regional Water Board held a public workshop on the development of the Sediment TMDL in the Elk River watershed. The purpose of the workshop was to inform the Regional Water Board and public about the status of the Elk River TMDL, discuss related actions that are an outgrowth of the TMDL development, and present a schedule for completion of the draft TMDL and associated Basin Plan amendment. The following links are for materials associated with the workshop:
- Notice of Public Workshop March 15 Elk TMDL
- Executive Officer's Summary Report
- Power Point Presentation
Elk River Restoration Summit
On February 8 and 9, 2012, staff of the Regional Water Board, in coordination with Redwood Community Action Agency (RCAA) held a public workshop to explore strategies for restoration of the low gradient reaches of Elk River impacted by stored sediment deposits. The primary purpose of this summit was to convene affected landowners, resource agency staff, technical experts, potential funders, and diverse stakeholders to discuss approaches to addressing long-standing channel restoration, excess sediment loads, nuisance flooding, and related issues in the Lower Elk River watershed.
Presentations from the summit include:
- Overview of Regional Water Board Programs in Elk River
- RCAA Water Board Grant Overview
- A Restoration Approach for Elk River
- Elk River Pilot Modeling
- Elk River Pilot Project Hydrodynamic and Sediment Transport Model
On April 17, 2009, Regional Water Board staff announced the start of the required California Environmental Quality Act (CEQA) scoping period for the Elk River Sediment TMDL. On May 20, 2009, Regional Water Board staff held a CEQA scoping meeting in Eureka. The purpose of the CEQA scoping meeting was to describe the Regional Water Board staff's approach for development of the Elk River Sediment TMDL. Staff provided examples of best management practices (BMPs) that might reasonably be implemented to comply with the sediment TMDL and to seek the public's input on potential environmental impacts that might result from construction and maintenance of this type of BMPs. The scoping period remained open until June 22, 2009, during which the public was invited to submit additional comments. A summary of the written CEQA Scoping Comments received by Regional Water Board staff are provided below.
- Summary of CEQA Scoping Comments (pdf, 36 Kb)
CEQA Scoping Documents
- Draft Chapter 1 Elk River TMDL Introduction (pdf, 5 Mb)
- Draft Chapter 2 Elk River TMDL Problem Statement (pdf, 5 Mb)
- Appendix A Elk River and Freshwater Creek TMDL Resident Interviews (pdf, 3 Mb)
- Appendix B LiDAR Report (pdf, 374 Kb)
- Appendix C History of Regional Water Board Regulatory Actions in Elk River (pdf, 37 Kb)
- Appendix D Tributary Fisheries Summaries (pdf, 29 Kb)
- Draft Chapter 3 Upper Elk River Source Analysis (May, 2011) (pdf, 1.5 Mb)
- Information Sheet for the Draft Sediment Source Inventory for the Upper Elk River (pdf, 26 Kb)
- Draft Elk River TMDL Implementation Framework (pdf, 176 Kb)
Other Available Documents
- Elk River TMDL Area (12/13/2007, pdf, 227 Kb)
- Freshwater Creek TMDL Sediment Source Assessment, Phase 1 (8/2006)
- Preliminary Assessment Of Flooding In Lower Elk River (8/17/2004)
- The Independent Scientific Review Panel's Final Report on Sediment Impairment and Effects on Beneficial Uses of the Elk River and Stitz, Bear, Jordan and Freshwater Creeks (12/27/2002)
- The Independent Scientific Review Panel's Phase II of the Final Report on Sediment Impairment and Effects on Beneficial Uses of the Elk River and Stitz, Bear, Jordan and Freshwater Creeks is now available (8/12/2003)
- Staff Report for Proposed Regional Water Board Actions in the North Fork Elk River, Bear Creek, Freshwater Creek, Jordan Creek and Stitz Creek Watersheds (9/9/2000)
Interested parties who would like to receive email notifications for various North Coast Regional Water Board issues, including the Elk River TMDL, can sign up on the Email List Subscription Form:
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- Albion River
- Big River
- Eel River, North Fork
- Eel River, Upper Main
- Eel River, Middle Main
- Eel River, Middle Fork
- Eel River, Lower Main
- Eel River, South Fork
- Elk River
- Freshwater Creek
- Garcia River
- Gualala River
- Klamath River
- Laguna De Santa Rosa
- Lost River, Upper
- Lost River, Lower
- Mad River
- Mattole River
- Navarro River
- Noyo River
- Redwood Creek
- Russian River
- Salmon River
- Scott River
- Shasta River
- Stemple Creek
- Ten Mile River
- Trinity River
- Trinity River, South Fork
- Van Duzen River