ITEM: 12

SUBJECT: CALTRANS DISTRICT 3, HIGHWAY 267 TRUCKEE BYPASS PROJECT, NEVADA COUNTY - EXCEPTION TO A PROHIBITION CONTAINED IN THE WATER QUALITY CONTROL PLAN FOR THE LAHONTAN REGION

DISCUSSION: The proposed Truckee Bypass Project consists of an approximate 3.9 kilometer (2.4 mile) relocation of State Routes 89 and 267 east of the existing routes by bypassing downtown Truckee. Additionally, the project includes a new interchange to connect Routes 267 and 89 with Interstate 80 and a new crossing of the Truckee River east of the Town of Truckee.

The project involves construction of concrete bridge abutments, earthen bridge approaches, culvert crossings, utility lines, and related appurtenances in and adjacent to wetlands and the 100-year floodplain of the Truckee River. The total estimated area of permanent disturbance to the 100-year the floodplain is approximately 49,705 square feet (1.14 acres) and the total estimated area of temporary disturbance to the 100-year floodplain is approximately 52,948 square feet (1.22 acres). The fill volume within the 100-year floodplain is approximately 633 cubic yards (temporary and permanent). The project also includes about 7,389 square feet (0.17 acres) of temporary wetlands disturbance and about 13,908 square feet (0.32 acres) of permanent wetlands disturbance. The Water Quality Control Plan for the Lahontan Region prohibits the discharge of fill material to lands within the 100-year floodplain of the Truckee River. An exception to the prohibition can be granted for essential transportation facilities identified in a county general plan, provided mitigation of adverse impacts is included. The Truckee Highway 267 Bypass is the highest priority project on the Nevada County Transportation Commission’s list of improvement projects and is considered to be an essential transportation facility.

In March of 1999, Caltrans District 3, submitted the information needed to complete an application for Report of Waste Discharge and application for Water Quality Certification for the project. However, since the project involves disturbance to the 100-year floodplain of the Truckee River an exception to the above mentioned prohibition must be granted before the Regional Board Executive Officer can issue a waiver of Waste Discharge Requirements or a waiver of Water Quality Certification for the project. The Regional Board is unable to act on the Caltrans request. Due to the short construction season in the Truckee area, any delays in permit processing will set the project back an entire construction season. California Water Code section 13320 authorizes the State Water Resources Control Board to take the recommended action. This proposed resolution contains findings to justify the granting of an exception to the prohibition for the proposed project.

POLICY ISSUE: Should the SWRCB adopt a proposed resolution granting a exception to a prohibition contained in the Water Quality Control Plan for the Lahontan Region.

FISCAL IMPACT:  Not applicable

STAFF RECOMMENDATION:  Adoption of the resolution as proposed.

WHEREAS:

1. The California Regional Water Quality Control Board, Lahontan Region (Regional Board) has received information from Caltrans-District 3 to complete a Report of Waste Discharge and Water Quality Certification application for the Highway 267 Truckee Bypass Project (Project).

2. Caltrans-District 3 is proposing to construct 2.4 mile relocation of State Routes 89 and 267 east of the existing routes by bypassing downtown Truckee. Additionally, the proposed project includes a new interchange to connect Routes 267 and 89 with Interstate 80 and a new crossing of the Truckee River east of the Town of Truckee.

3.  The Lahontan Regional Board has adopted a Water Quality Control Plan for the Lahontan Region (Basin Plan). The Basin Plan prohibits the discharge or threatened discharge, attributable to human activities, of solid or liquid waste materials including soil, silt, clay sand and other organic and earthen materials, to lands within the 100-year floodplain of the Truckee River.  The Basin Plan contains provisions for granting exceptions to the above-cited prohibition on the discharge of waste to lands within the 100-year floodplain of the Truckee River. Exceptions may be allowed for essential transportation facilities identified in a county general plan when the proposed discharger has demonstrated that all applicable Best Management Practices and mitigation measures have been incorporated into the project to minimize any potential soil erosion and/or surface runoff problems, and to offset the adverse effects of the project on the 100-year floodplain and wetlands.

4.  The project involves disturbance to the 100-year floodplain of the Truckee River and an exception to the above mentioned prohibition must be granted before the Lahontan Regional Board Executive Officer can issue a waiver of Waste Discharge Requirements or a waiver of Water Quality Certification for the project. The Regional Board does not have a quorum and consequently, cannot act on this project. California Water Code section 13320 authorizes the State Water Resources Control Board to take action, on its own motion, where a regional board has failed to act. The Regional Board's Executive Officer and Caltrans have requested State Board action since, due to the short construction season in the Truckee area, any delays in permit processing will set the project back an entire construction season.

5.  April 10th, 1992, Caltrans certified a Final Environmental Impact Report for the project pursuant to the provisions of the California Environmental Quality Act (CEQA, Public Resources Code section 21000, et seq.). Additionally, an Environmental Reevaluation was prepared in April of 1998. Mitigation measures are included to reduce and offset adverse effects on water quality from the project.

6.  The State Water Resources Control Board has heard and considered all public comments on this matter at a public meeting (in Sacramento on July 15,1999) and determined that the project meets the exception criteria stated in Finding No. 3, above, for the following reasons:

THEREFORE BE IT RESOLVED THAT:

The SWRCB:

1. Will review, on its own motion, the failure of the Lahontan Regional Water Quality Control Board to act upon the request for an exception to the prohibition.

2. The criteria established for exceptions to the prohibitions on waste discharges to lands within the 100-year floodplain of the Truckee River, stated in Finding No. 3 above, will be met by the Highway 267 Truckee Bypass Project.

3. Hereby grants an exception to the discharge prohibition, stated in Finding No. 3 above, for the Highway 267 Truckee Bypass Project.
 

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 July 15, 1999.
 

Maureen Marché
Administrative Assistant to the Board