Meeting Agenda for April 19, 2018

9:00 A.M., Thursday, April 19, 2018
Weed City Council Chambers
City Hall
550 Main Street
Weed, CA 96094

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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.

i. Pledge of Allegiance

• Audio for Item i

ii. Roll Call and Introductions

• Audio for Items ii-iv

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.

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.

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.

• Audio for Item v

1. Approval of Meeting Minutes: February 8, 2018

• (for audio refer to item 7)

Information Items

2. Presentation on the Tulelake Wastewater Treatment Facilities upgrade and disposal modification (Justin McSmith, Regional Water Board, Brett Nystrom, Director of Public Works, and Henry Ebinger, Mayor, City of Tulelake)

• Executive Officer’s Summary Report
• Powerpoint Presentation
• Audio for Item 2

3. Klamath River Updates: 1) Klamath Basin TMDL Implementation; 2) Klamath Basin Integrated Fish Restoration and Monitoring Plan; and 3) Klamath River Renewal Corporation Dam Removal and Restoration Activities (Clayton Creager, Regional Water Board); and 4) Lower Klamath Project Water Quality Certification (Erin Ragazzi, Parker Thaler, and Marianna Aue, State Water Resources Control Board)

• Executive Officer’s Summary Report
• Powerpoint Presentation
• Audio for Item 3

Uncontested Items

4. Public Hearing on Order No. R1-2018-0004 to consider adoption of proposed Waste Discharge Requirements for Weaverville Sanitary District Wastewater Treatment Facility, WDID No. 1A84072OTRI (Charles Reed)

• Executive Officer’s Summary Report
• Proposed Order
• Notice of Public Hearing
• Audio for Item 4

Action Items

5. Public Hearing on Order No. R1-2018-0018 to consider adoption of proposed Scott River TMDL Conditional Waiver of Waste Discharge Requirements (Eli Scott)

• Executive Officer's Summary Report
• Proposed Scott River TMDL Conditional Waiver with Table 4-10 of the TMDL Action Plan - clean copy and strikethrough/underline
• Staff Response to Comments
• Comment letters received
• Notice of Public Hearing
• Powerpoint Presentation
• Audio for Items 5 & 6

6. Public Hearing on Shasta River Order No. R1-2018-0019 to consider adoption of proposed Shasta River TMDL Conditional Waiver of Waste Discharge Requirements (Eli Scott)

• Executive Officer's Summary Report
• Proposed Scott River TMDL Conditional Waiver with Table 4-14 of the TMDL Action Plan - clean copy and strikethrough/underline
• Staff Response to Comments
• Comment letters received
• Notice of Public Hearing
• Powerpoint Presentation
• Audio for Items 5 & 6

Information Items

7. Update on Smith River Monitoring Studies and Consideration of Next Steps; historical context, assessment summary, ongoing studies, follow up actions, and consideration of next steps (Regional Water Board - Clayton Creager, Ben Zabinsky, Rich Fadness; NOAA Fisheries - Justin Ly and Dan Free; and Tolowa Dee-ni’ Nation – Megan Van Pelt)

• Executive Officer’s Summary Report
• Smith River Update Powerpoint Presentation
• National Marine Fisheries Service Powerpoint Presentation
• Audio for Items 1 and 7-10

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

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

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

Closed Session

11. 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 significant exposure to litigation (Gov. Code, §11126, subd.(e)(2)(B)(i));
   
4. Discuss whether to initiate litigation (Gov. Code, § 11126, subd.(e)(2)(C)(i)); and
   
5. Discuss initiated litigation in the following matters (Gov. Code, § 11126, subd.(e)):
   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).
      

12. Arrangements for Next Meeting and Adjournment
1:00 p.m., Wednesday, May 16, 2018, and
8:30 a.m., Thursday, May 17, 2018
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/

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