4._North_Coast_Regional_Water_Quality_Control_Board_Permit.pdf

November 9, 2017

In the Matter of

Water Quality Certification for

USFS Shasta Trinity NF - Trinity Center Boat

Launching Facility Improvements Project 40.972° N, 122.692° W1

WDID 1A171663WNTR, CW-839680

APPLICANT: USDA Forest Service, Shasta Trinity National Forest RECEIVING WATER: Trinity Lake HYDROLOGIC UNIT: Upper Trinity River Hydrologic Area 106.40 COUNTY: Trinity County FILE: Trinity Center Boat Launching Facility Improvements

FINDINGS BY THE EXECUTIVE OFFICER:

1. On August 30, 2017, the North Coast Regional Water Quality Control Board (Regional

Water Board) received an application from the USDA Forest Service, Shasta Trinity National Forest (applicant), requesting Federal Clean Water Act, section 401, Water Quality Certification for activities associated with the USFS Shasta Trinity NF – Trinity Center Boat Launching Facility Improvement Project (project).

2. Public Notice: The Regional Water Board provided public notice of the application pursuant to Title 23, California Code of Regulations, Section 3858 on September 13, 2017, and posted information describing the project on the Regional Water Board’s website. No comments were received.

1 WGS84 datum

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3. Receiving Waters: The project will cause disturbances to waters of the U.S. and the state associated with the banks of Trinity Lake within the Upper Trinity River Hydrologic Area 106.40.

4. Project Description: The purpose of the project is to improve the safety and efficiency of an existing boat launch facility by widening the ramp to two lanes and adding concrete turnaround areas.

Specifically, the project includes:

• increasing the ramp width to two lanes on the lower portion of the boat ramp

(approximately 250 feet in length);

• constructing two concrete turnarounds on the west side of the ramp;

• upgrading the ramp with v-groove surfacing;

• removing the existing ramp sidewalk and add an 8-foot-wide sidewalk on the other side of the ramp;

• resurfacing and re-striping the existing parking area;

• adding rock erosion protection along the ramp edges;

• replacing the existing vault toilet and associated sidewalks; and

• replacing the existing signage.

5. Construction Timing: The work will take approximately 90 days to complete and will occur when the water level of Trinity Lake reaches its annual low, typically between October and December. The anticipated start date is September of 2018.

6. Project Impacts: The project will result in less than 0.15 acres of new permanent impacts, in the form of impervious surfaces onto the bank of Trinity Lake as a result of replacement of the ramp widening component of the project.

7. Mitigation for Project Impacts: The impacts associated with the project will result in no loss of area or function of jurisdictional waters, and will decrease sediment inputs into Trinity Lake. Additionally, the project has been designed to avoid and/or minimize impacts by working when the lake is dry, minimizing the area of new permanent impacts, and implementing the appropriate erosion control BMPs.

No mitigation is required.

8. Other Agency Actions: The applicant has applied to the U.S. Army Corps of

Engineers for section 404 permit coverage.

9. CEQA Compliance: Concurrent with this certification, the Regional Water Board, as lead California Environmental Quality Act (CEQA) agency, filed a Notice of Exemption with the State Clearinghouse for a Categorical Exemption, 15301(d) Existing Facilities, pursuant to CEQA guidelines.

10. Total Maximum Daily Load: The Trinity River Total Maximum Daily Load (TMDL) for sediment was established in 2001 by the United States Environmental Protection

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Agency (EPA) in accordance with section 303(d) of the Clean Water Act, because the State of California determined that the water quality standards for the Trinity River are exceeded due to excessive sediment. Roads and bank erosion are identified as sources contributing to the sediment impairment. The primary adverse impacts associated with excessive sediment in the Trinity River pertain to cold freshwater habitat, primarily anadromous salmonid habitat. This project include implementation of BMPs for sediment and erosion control. Accordingly, the project is consistent with, and implements portions of the Trinity River TMDL.

11. Antidegradation Policy: The federal antidegradation policy requires that state water quality standards include an antidegradation policy consistent with the federal policy. The State Water Board established California’s antidegradation policy in state Water Board Resolution No. 68-16. Resolution No. 68-16 incorporates the federal antidegradation policy where the federal policy applies under federal law. Resolution No. 68-16 requires that existing quality of waters be maintained unless degradation is justified based on specific findings. The Regional Water Board’s Basin Plan implements, and incorporates by reference, both the state and federal antidegradation policies. This certification is consistent with applicable federal and state antidegradation policies, as it does not authorize the discharge of increased concentrations of pollutants or increased volumes of treated wastewater, and does not otherwise authorize degradation of the waters affected by this project.

12. This discharge is also regulated under State Water Resources Control Board Order

No. 2003-0017-DWQ, "General Waste Discharge Requirements for Dredge and Fill Discharges That Have Received State Water Quality Certification," which requires compliance with all conditions of this water quality certification.

https://www.waterboards.ca.gov/board_decisions/adopted_orders/water_quality/2 003/wqo/wqo2003-0017.pdf

Receiving Water: Trinity Lake Filled and/or Excavated Areas: Area 0.15 acres

Latitude/Longitude: 40.972° N, 122.692° W Certification Expiration: November 9, 2022

Accordingly, based on its independent review of the record, the Regional Water Board certifies that the USFS Shasta Trinity NF – Trinity Center Boat Launching Facility Improvement Project (WDID No. 1A171663WNTR) as described in the application will comply with sections 301, 302, 303, 306 and 307 of the Clean Water Act, and with applicable provisions of state law, provided that the applicant complies with the following terms and conditions:

https://www.waterboards.ca.gov/board_decisions/adopted_orders/water_quality/2003/wqo/wqo2003-0017.pdf https://www.waterboards.ca.gov/board_decisions/adopted_orders/water_quality/2003/wqo/wqo2003-0017.pdf

WDID No. 1A171663WNTR - 4 - November 9, 2017

All conditions of this certification apply to the applicant (and their employees) and all contractors (and their employees), sub-contractors (and their employees), and any other entity or agency that performs activities or work on the project as related to this Water Quality Certification.

Standard Conditions

1. This certification action is subject to modification or revocation upon administrative or judicial review, including review and amendment pursuant to Water Code section 13330 and title 23, California Code of Regulations, section 3867.

2. This certification action is not intended and shall not be construed to apply to any discharge from any activity involving a hydroelectric facility requiring a Federal Energy Regulatory Commission (FERC) license or an amendment to a FERC license unless the pertinent certification application was filed pursuant to title 23, California Code of Regulations, section 3855, subdivision (b) and the application specifically identified that a FERC license or amendment to a FERC license for a hydroelectric facility was being sought.

3. The validity of this certification is conditioned upon total payment of any fee required under title 23, California Code of Regulations, section 3833, and owed by the applicant.

4. This project qualifies for the Low Impact Discharge fee of $720 (Category E).

However, federal applicants are eligible for Fee Code 18 – Non Billable Federal Facility and are exempt from paying application fees. The current fee schedule is available here:

https://www.waterboards.ca.gov/resources/fees/water_quality/docs/dredgefillcalc ulator.xlsm

5. The Regional Water Board shall be notified at least five working days (working days are Monday – Friday) prior to the commencement of construction.

6. Only wildlife-friendly, 100 percent biodegradable erosion and sediment control products that will not entrap or harm wildlife shall be used. Erosion and sediment control products shall not contain synthetic (e.g., plastic or nylon) netting.

Photodegradable synthetic products are not considered biodegradable. The applicant shall request approval from the Regional Water Board if an exception from this requirement is needed for a specific location.

7. BMPs shall be implemented as proposed in the application materials. BMPs for erosion, sediment and turbidity control shall be implemented and in place at commencement of, during and after any ground clearing activities or any other project activities that could result in erosion or sediment discharges to surface water.

Severe and unseasonal rain events are becoming more frequent due to the effects of https://www.waterboards.ca.gov/resources/fees/water_quality/docs/dredgefillcalc%20ulator.xlsm https://www.waterboards.ca.gov/resources/fees/water_quality/docs/dredgefillcalc%20ulator.xlsm

WDID No. 1A171663WNTR - 5 - November 9, 2017 climate change. Therefore, BMPs shall be immediately available for deployment at all times to prevent discharges to waters of the state.

8. No debris, soil, silt, sand, bark, slash, sawdust, rubbish, cement or concrete washings, oil or petroleum products, or other organic or earthen material from any construction or associated activity of whatever nature, other than that authorized by this certification, shall be allowed to enter into or be placed where it may be washed by rainfall into waters of the state. When operations are completed, any excess material or debris shall be removed from the work area.

9. The applicant shall provide Regional Water Board staff access to the project site to document compliance with this certification.

10. If, at any time, an unauthorized discharge to surface water (including wetlands, lakes, rivers or streams) occurs, or any water quality problem arises, the associated project activities shall cease immediately until adequate BMPs are implemented including stopping work. The Regional Water Board shall be notified promptly and in no case more than 24 hours after the unauthorized discharge or water quality problem arises.

11. Prior to implementing any change to the project that may be a material change as defined in California Water Code section 13260(c) as a proposed change in character, location, or volume of the discharge, the applicant shall obtain prior written approval of the Regional Water Board Executive Officer. If the Regional Water Board is not notified of the material change to the discharge, it will be considered a violation of this certification, and the applicant may be subject to Regional Water Board enforcement action(s).

12. All project work shall be conducted as described in this certification and in the application submitted by the applicant, and shall comply with all applicable water quality standards as detailed in the Basin Plan. If the Regional Water Board is not notified of a significant alteration to the project, it will be considered a violation of this certification, and the applicant may be subject to Regional Water Board enforcement actions.

13. The applicant shall provide a copy of this certification and State Water Resources

Control Board (SWRCB) Order No. 2003-0017-DWQ to any contractor(s), subcontractor(s), and utility company(ies) conducting work on the project, and shall require that copies remain in their possession at the work site. The applicant shall be responsible for ensuring that all work conducted by its contractor(s), subcontractor(s), and utility companies is performed in accordance with the information provided by the applicant to the Regional Water Board.

14. Disturbance or removal of existing vegetation shall not exceed the minimum necessary to complete the project.

WDID No. 1A171663WNTR - 6 - November 9, 2017

15. Fueling, lubrication, maintenance, storage, and staging of vehicles and equipment shall not result in a discharge or threatened discharge to any waters of the state including dry portions of the shoreline. At no time shall the applicant or its contractors allow use of any vehicle or equipment which leaks any substance that may impact water quality.

16. In the event of any violation or threatened violation of the conditions of this certification, the violation or threatened violation shall be subject to any remedies, penalties, process or sanctions as provided for under applicable state or federal law.

For the purposes of section 401(d) of the Clean Water Act, the applicability of any state law authorizing remedies, penalties, process or sanctions for the violation or threatened violation constitutes a limitation necessary to assure compliance with the water quality standards and other pertinent requirements incorporated into this certification. In response to a suspected violation of any condition of this certification, the State Water Board may require the holder of any federal permit or license subject to this certification to furnish, under penalty of perjury, any technical or monitoring reports the State Water Board deems appropriate, provided that the burden, including costs, of the reports shall bear a reasonable relationship to the need for the reports and the benefits to be obtained from the reports. In response to any violation of the conditions of this certification, the Regional Water Board may add to or modify the conditions of this certification as appropriate to ensure compliance.

17. The Regional Water Board may add to or modify the conditions of this certification, as appropriate, to implement any new or revised water quality standards and implementation plans adopted or approved pursuant to the Porter-Cologne Water Quality Control Act or section 303 of the Clean Water Act.

18. In the event of any change in control of ownership of land presently owned or controlled by the applicant, the applicant shall notify the successor-in-interest of the existence of this certification by letter and shall email a copy of the letter to the following email address: NorthCoast@waterboards.ca.gov.

The successor-in-interest must email the Regional Water Board Executive Officer at:

NorthCoast@waterboards.ca.gov to request authorization to discharge dredged or fill material under this certification. The request must contain the following:

i) Effective date of ownership change;

ii) Requesting entity’s full legal name;

iii) The state of incorporation, if a corporation;

iv) The address and phone number of contact person; and

v) A description of any changes to the project or confirmation that the successor-in-interest intends to implement the project as described in this certification.

mailto:NorthCoast@waterboards.ca.gov mailto:NorthCoast@waterboards.ca.gov

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19. Except as may be modified by any preceding conditions, all certification actions are contingent on:

i) The discharge being limited to and all proposed mitigation being completed in strict compliance with the applicant’s project description and CEQA documentation, as approved herein; and

ii) Compliance with all applicable water quality requirements and water quality control plans including the requirements of the Water Quality Control Plan for the North Coast Region (Basin Plan), and amendments thereto.

20. The authorization of this certification for any dredge and fill activities expires on

November 9, 2022. Conditions and monitoring requirements outlined in this certification are not subject to the expiration date outlined above, and remain in full effect and are enforceable.

If you have any questions or comments, please call Jake Shannon at (707) 576-2673 or via e-mail at Jacob.Shannon@waterboards.ca.gov.

Matthias St. John Executive Officer

171109_JJS_er_Trinity Center Boat Launching Facility Improvements Project_401

Original to: Cindy Luzietti, Shasta-Trinity National Forest, cluzietti@fs.fed.us cc: State Water Resources Control Board, Stateboard401@waterboards.ca.gov Environmental Protection Agency, Region 9, siu.jennifer@epa.gov

Cameron Purchio, U.S. Army Corps of Engineers Cameron.R.Purchio@usace.army.mil mailto:cluzietti@fs.fed.us mailto:Stateboard401@waterboards.ca.gov mailto:siu.jennifer@epa.gov mailto:Cameron.R.Purchio@usace.army.mil