Meeting Announcement

8:30 A.M., Wednesday, February 20, 2019
&
8:30 A.M., Thursday, February 21, 2019
Regional Water Quality Control Board
David C. Joseph Room
5550 Skylane Blvd., Suite A
Santa Rosa, CA 95403

Download PDF version (Revised 2/8/19)

Download PDF Spanish version (Revised 2/6/19)

The North Coast Regional Water Quality Control Board will now be streaming the Board meetings live for viewing only. Below are the links to the live broadcast and the archived videos of past Board meetings starting with this Board meeting.

http://cal-span.org/unipage/index.php?site=cal-span&meeting=2913&owner=RWQCB-NC - live link – viewing only.

http://cal-span.org/static/meetings-RWQCB-NC.php - archived links to prior meetings.

Note: For viewing video recordings on Internet Explorer or Microsoft Edge, download the video and use the time stamps next to the links.

Supporting documents for agenda items are posted on our website at least 10 days prior to the scheduled meeting. To view or download documents, go to www.waterboards.ca.gov/northcoast.

Comments on individual agenda items are welcome. All persons desiring to address the Board are requested to fill out a pink speaker card.

Except for items designated as time certain, there are no set times for agenda items. Items may be taken out of order at the discretion of the Chair. Agenda items are subject to postponement. You may contact the designated staff contact person in advance of the meeting day for information on the status of any agenda item.

Wednesday February 20, 2019

i. Pledge of Allegiance

• Video Recording of Item i (1:20)

ii. Roll Call and Introductions

• Video Recording of Item ii (2:00)

iii. Board Member Reports and Ex Parte Communication Disclosure. This item is for Board discussion only. No public testimony will be allowed, and the Board will take no formal action.

• Video Recording of Item iii (3:05)

iv. State Board Liaison's, Board Chair's, Board Members’, and Executive Officer's Reports: These items are for Board discussion only. No public testimony will be allowed, and the Board will take no formal action.

• Video Recording of Item iv (1:41:52)
  

v. Public Forum: Time will be reserved for the general public to address the Board on any matter within the Board’s jurisdiction, excluding those items on the agenda. The Board Chair may limit the public forum to thirty (30) minutes initially, and continue any remaining appearances beyond the thirty (30) minutes at the end of the regularly scheduled business of the day. The Board Chair requests that each person addressing the Board limit their presentation to three (3) minutes.

• Video Recording of Item v (3:30)
  

1. Election of Board Officers

• Video Recording of Item 1 (3:51)

2. Presentation of Executive Officer’s 2018 Water Quality Stewardship Awards

• See Executive Officer’s Report
• Video Recording of Item 2 (5:13)
• Video Recording of Item 2 part 2 (45:35)
  

3. Approval of Meeting Minutes: November 14, 2018

• Video Recording of Item 3 (9:37)

Information Items

Update on East San Joaquin Agricultural Order and Ag-Related Litigation (Emel Wadhwani, Assistant Chief Counsel, State Water Board)

• Executive Officer's Summary Report
• ESJ Petition Order (First 81 pages attached)
• Nitrogen Tracking and Reporting Task Force Final Report
• Agricultural Expert Panel Report
• Powerpoint Presentation
• Video Recording of Item 4 (10:38)
• Video Recording of Item 4 Part 2 (56:09)
• Monterey Coastkeeper v. State Water Board., 28 CAL.APP.5th 342 (2018) – Attached

5. Update on the status of addressing lily bulb operations in the Smith River Plain (Ben Zabinsky and Clayton Creager)

• Executive Officer's Summary Report
• Smith River Plain 13267 Submittal – February 1, 2019
• Item 5 Powerpoint Presentation
• Video Recording of Item 5 (1:52:27)

6. Update on the status of the Vineyard and Orchard Permit Development (Katharine Carter and Lynette Shipsey)

• Executive Officer's Summary Report
• Figure A: North Coast Region Agricultural Land Use
• Vineyard and Orchard Permit Scoping
• Item 6 Powerpoint Presentation
• Video Recording of Item 6 (3:12:37)

7. Tour of vineyard (s) (Matt St. John)

• Executive Officer's Summary Report
• Notice of Board Member Field Tour
• Vineyard Tour Itinerary and Maps
• Video Recording of Item 7 (4:09:35)

Thursday, February 21, 2019

vi. Pledge of Allegiance

• Video Recording of item vi (0:28)

vii. Roll Call and Introductions

• Video Recording of Item vii (1:10)

viii. Board Member Reports and Ex Parte Communication Disclosure. This item is for Board discussion only. No public testimony will be allowed, and the Board will take no formal action.

• Video Recording of Item viii (1:35)

ix. State Board Liaison's, Board Chair's, Board Members’, and Executive Officer's Reports: These items are for Board discussion only. No public testimony will be allowed, and the Board will take no formal action.

• Video Recording of Item ix (1:44)

x. Public Forum: Time will be reserved for the general public to address the Board on any matter within the Board’s jurisdiction, excluding those items on the agenda. The Board Chair may limit the public forum to thirty (30) minutes initially, and continue any remaining appearances beyond the thirty (30) minutes at the end of the regularly scheduled business of the day. The Board Chair requests that each person addressing the Board limit their presentation to three (3) minutes.

• Video Recording of Item x (2:01)

Uncontested

8. Public Hearing on Order No. R1-2019-0003 to consider adoption of proposed Waste Discharge Requirements for the Weott Community Services District Wastewater Treatment Facility, WDID No. 1B87042NHUM (Rachel Prat)

• Executive Officer's Summary Report
• Proposed Order
• Public Notice
• Video Recording of Item 8 (25:16)
  

Action Items

9. Renewal of Waiver of Waste Discharge Requirements, General Water Quality Certification, and Monitoring and Reporting Program for the Mendocino County Permit Coordination Program Order No. R1-2019-0004 (Gil Falcone)

• Executive Officer's Summary Report
• Order No. R1-2019-0004, Conditional Waiver of Waste Discharge Requirements and General Water Quality Certification for the Mendocino County Permit Coordination Program
• Order No. R1-2019-0004 Monitoring and Reporting Program
• Mendocino County Resource Conservation District Mitigated Negative Declaration/Initial Study for the Mendocino County Permit Coordination Program
• Notice of Public Hearing
• Item 9 Powerpoint Presentation
• Video Recording of Item 9 (26:21)

Information Items

10. Update on Cannabis Regulatory and Enforcement Program (Kason Grady)

• Executive Officer's Summary Report
• Item 10 Powerpoint Presentation
• Video Recording of Item 10 (1:26:17)

11. Insight into Cannabis-Related Water Use and Associated Impacts on Instream Flow (Bryan McFadin and Chris Dillis)

• Executive Officer's Summary Report
• Item 11 Powerpoint Presentation
• Video Recording of Item 11 (2:51:19)

12. Update on the finding of the Elk River Recovery Assessment (Chuck Striplen)

• Executive Officer's Summary Report
• Item 12 Powerpoint Presentation
• Video Recording of Item 12 (4:07:30)

13. Discussion of FY 2019-2020 Priorities (Matt St. John)

• Executive Officer’s Summary Report
• FY 2019-2020 Recommended Priorities
• Item 13 Powerpoint Presentation
• Video Recording of Item 13 (5:58:52)

14. Executive Officer’s Report (Matt St. John)

• Executive Officer’s Summary Report
• Video Recording of Item 14 (6:33:26)

15. Board Member Requests for Future Agenda Items (Matt St. John)

• Video Recording of Item 15 (6:33:42)

16. Other Items of Interest (Matt St. John)

• Video Recording of Item 16 (6:36:00)
  

Closed Session

17. The Board may meet in closed session to:

1. Consider evidence received in an adjudicatory hearing and deliberate on a decision to be reached based on that evidence (Gov. Code, §11126, subd.(c)(3));
   
2. Consider the appointment, employment, evaluation of performance, or dismissal of a public employee or to hear complaints or charges brought against a public employee (Gov. Code, § 11126, subd.(a)(1));
   
3. Discuss whether to initiate litigation (Gov. Code, § 11126, subd.(e)(2)(C)(i)); and
   
4. Discuss significant exposure to litigation or initiated litigation in the following matters (Gov. Code, § 11126, subd.(e)); (Gov. Code § 11126, subd. (e)(2)(B)(i)):
   
   1. Russian Riverkeeper v. North Coast Regional Water Quality Control Board, Petition for Writ of Mandate and Complaint for Declaratory and Injunctive Relief, Sonoma County Superior Court, Case No. SCV 261186. (August 25, 2017).
      
   2. Petitions of: Jesse Noell, Stephanie Bennett, Kristi Wrigley and Elk River Residents Association; Pacific Coast Federation of Fisherman’s Association; and Environmental Protection Information Center and North Group of the Redwood Chapter Sierra Club for Review and Stay of Order No. R1-2016-0004, Waste Discharge Requirements for Nonpoint Source Discharges and Other Controllable Water Quality Factors Related to Timber Harvesting and Associated Activities Conducted by Humboldt Redwood Company, LLC in the Upper Elk River Watershed, Humboldt County (December 30, 2016).
      
   3. People of the State of California, Ex. Rel. The Regional Water Quality Control Board, North Coast Region v. Independence Corporate Offices, Inc., a California Corporation; Clay Tucker, an individual; Rincon Land Holdings LLC, an Arizona Corporation and Does 1-50 Inclusive (September 11, 2017) Trinity County Superior Court, Case No. SCV-17CV066.
   4. In the Matter of Scott River Waiver and Shasta River Waiver, Petition challenging Scott River TMDL Conditional Waiver of Waste Discharge Requirements, Order No. R1-2018-0018 and Shasta River TMDL Conditional Waiver of Waste Discharge Requirements, Order No. R1-2018-0019; SWRCB/OCC File A-2602 (May 29, 2018).
   5. In the Matter of the City of Santa Rosa’s Petition for Review of Action and Failure to Act by the California Regional Water Quality Control Board, North Coast Region, in Adopting Resolution No. R1-2018-0025 and Approving the Water Quality Trading Framework for the Laguna de Santa Rosa Watershed, Petition for Review, SWRCB/OCC File A-2605, (August 10, 2018.)
   6. In the Matter of Review of the Smith River Water Quality Management Plan, Petition for Review, Environmental Law Foundation, Pacific Coast Federation of Fishermen’s Associations and Institute for Fisheries Resources. (November, 1, 2018.)
   7. In the Matter of the Environmental Protection Information Center’s Petition for Review of North Coast Regional Water Quality Control Board’s Enrollment of the Seiad-Horse Project, Petition for Review, Motion for Stay of Enforcement; (November 30, 2018.)
   8. CBE LLC and TRC Companies, Inc. v. North Coast Regional Water Quality Control Board, Petition for Writ of Mandate, Case No. SCV 263687; Sonoma County Superior Court, (December 14, 2018.)
   9. In the Matter of Failure to Act by the North Coast Regional Water Quality Control Board on Directives from the State Water Resources Control Board to Ensure Consistency with the Waste Discharge Requirements for Timber Operations in the Upper Elk Watershed with the Upper Elk River Sediment TMDL and TMDL Action Plan, (February 1, 2019).
      

13. Arrangements for Next Meeting and Adjournment
8:30 a.m., Wednesday, April 17, 2019 and
8:30 a.m., Thursday, April 18, 2019
5550 Skylane Blvd, Suite A
Santa Rosa, CA

Procedures and Notes

Accessibility - The facility is accessible to people with disabilities. Anyone requiring reasonable accommodation to participate in the meeting should contact Patti Corsie, Executive Assistant, at (707) 576-2307 or Patti.Corsie@waterboards.ca.gov at least 5 working days prior to the meeting. TTY/TDD/Speech-to-Speech users may contact the California Relay Service at 1-800-735-2929 or voice line at 1-800-735-2922.

General Statement - The primary duty of the Regional Water Board is to protect the quality of the waters within the region for all beneficial uses. This duty is implemented by formulating and adopting water quality plans for specific ground or surface water basins, and by prescribing and enforcing requirements on all domestic and industrial waste discharges. Responsibilities and procedures of the Regional Water Quality Control Board come from the state's Porter-Cologne Water Quality Act and the nation's Clean Water Act.

Written Comments, Oral Comments and Presentations - The purpose of the meeting is for the Regional Water Board to obtain testimony and information from concerned and affected parties and make decisions after considering the recommendations made by the Executive Officer. The Regional Water Board and staff welcome information on pertinent problems, but comments at the meeting should be brief and directed to specifics of the case to enable the Regional Water Board to take the appropriate action

Materials for each agenda item that will be considered by the Regional Water Board are posted on the Regional Water Board’s website and may be provided to each person on the interested parties list. If you wish to be added to our interested parties list for a specific agenda item, please contact the staff person listed with the item in this agenda notice.

Written materials that are received after deadlines set by item-specific Notices and/or Hearing Procedures will not generally be admitted. Any person requesting to submit late materials must demonstrate good cause, and the Chair must find that the admission of the late materials would not prejudice the North Coast Regional Water Board or any designated party. Pursuant to title 23, California Code of Regulations, section 648.4, the Regional Water Board may refuse to admit written testimony or evidence into the administrative record if it is not submitted to the Regional Water Board in a timely manner, unless the proponent can demonstrate why he or she was unable to submit the material on time or that compliance with the deadline would create an unreasonable hardship.

Any person who appears before the Board has an obligation to represent their interest in a professional manner. We expect all statements made before this Board to be truthful, with no attempts to mislead this Board by false statements, deceptive presentation, or failure to include essential information.

In order to give everyone an opportunity to be heard, a time limit for oral comments may be imposed on any agenda item. Interested persons are encouraged to submit their comments in writing by the applicable due date and use time for oral comments to summarize those concerns. Speakers should plan to deliver their oral comments within 3 minutes. If a longer period of time is desired, speakers will be expected to notify the Regional Water Board staff prior to the meeting date, for approval by the Chair and for scheduling purposes. The speaker will be expected to have submitted a written summary of the comments to be delivered by the due date for the associated agenda item and limit oral comments to a summary of pertinent points previously presented in writing.

Speakers are responsible for providing and operating projectors and other presentation aids. Some equipment may be available at the Board meeting; however, the type of equipment available will vary depending on the meeting location. To ascertain the availability of presentation equipment please contact Patti Corsie at (707) 576-2307 or Patti.Corsie@waterboards.ca.gov at least 5 working days prior to the meeting.

Hearing Record - Material presented to the Regional Water Board as part of testimony that is to be made part of the record must be left with the Regional Water Board. This includes photographs, slides, charts, diagrams, written testimony, etc. All Regional Water Board files pertaining to the items on this agenda are hereby made a part of the record submitted by staff to the Regional Water Board for its consideration prior to action on the related items.

Petition of Regional Water Board Action - Any person affected adversely by a decision of the Regional Water Board may petition the State Water Resources Control Board (State Water Board), to review the decision in accordance with Water Code section 13320 and California Code of Regulations, title 23, sections 2050 and following. The State Water Board must receive the petition by 5:00 p.m., 30 days after the date of the Regional Water Board’s action, except if the thirtieth day following the action falls on a Saturday, Sunday or state holiday, the petition must be received by the State Water Board by 5:00 p.m. on the next business day. Copies of the laws and regulations applicable to filing a petition will be provided upon request, and may also be accessed at: www.waterboards.ca.gov/public_notices/petitions/water_quality/

Board Members

Regional Water Quality Control Board
North Coast Region
5550 Skylane Boulevard, Suite A
Santa Rosa, CA 95403
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