Elk River TMDL

Announcements

March 2022

As part of our continued stewardship coordination, Regional Water Board staff are reengaging with residents to better understand and clearly document the status of ongoing issues in the watershed including road flooding, impacts to structures, loss of agricultural function, onsite waste treatment system difficulties, and drinking water availability.

Staff are ready to begin scheduling interview times in whichever format is most convenient for residents: phone, online, or in-person. In the coming weeks residents can expect a phone call or email from Regional Water Board staff or our contracted support team to schedule an interview. To ensure that we have your most up-to-date contact information or if you have any questions, please contact us at (707) 576-2831 or northcoast@waterboards.ca.gov with the subject line “Elk River Resident Interviews.” Because Regional Water Board staff continue to work remotely, response time will be shortest when either emailing or leaving a voicemail message.

The Regional Water Board is conducting these interviews in order to incorporate resident feedback into future decision making. Your opinion is important to us and we hope that you are available to participate in this task.

Watershed Stewardship Program

The Elk River Watershed Stewardship Program, as required under the Action Plan For The Upper Elk River Sediment TMDL, is a non-regulatory, participatory program that engages residents, community members, scientists, land owners, land managers, and regulatory agencies in developing a collaborative planning process that seeks to enhance conditions in the Elk River Watershed.  California Trout (CalTrout) with technical assistance from Northern Hydrology & Engineering (NHE) and Stillwater Sciences, has been forwarding the mission of the Elk River Stewardship Program over the last several years. Key information regarding early progress made relevant to the Elk River Stewardship Program can be viewed in CalTrout’s June 2019 Newsletter at the following link: Stewardship Newsletter June 2019
Under the Stewardship Program, a number of public meetings and Elk River landowner meetings were held in 2019, wherein landowners expressed particular interest in flooding that occurs in the Elk River Watershed. In follow-up to these expressed interests, and in alignment with recommendations from agency project partners, NHE expanded the two-dimensional hydrodynamic and sediment transport model developed as part of the Elk River Recovery Assessment (California Trout et al., 2018) to model extreme flood events up to the 1% annual chance flood. The expanded model results are presented in a technical memorandum, available at the following link. Technical Memorandum, 1% Annual Chance Flood Elevation Estimates for the Lower Elk River, Humboldt.

Approved Amendment

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.

Introduction

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.

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.

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.

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:

February 5, 2016 Staff Workshop

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:

Jane Arnold

Joel Fonner

Nathan Madsen

Ken Pimlott

Christina Pasteris

Gary Ryanearson

Jerry Martien

Jesse Noell

Kristi Wrigley

Lee MacDonald

Lisa O'Keefe

Matthew Turner

Mike Miles

Phillip Nicklas

Rob DiPerna

Sylvia DeRooy

Wayne Whitlock

Vivian Helliwell

Janet Parrish

Hank Seeman

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.
TMDL

WDRs

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:

Curriculum Vitaes of Peer Reviewers:

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:

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.

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 in 2013 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 conduct a Sediment Remediation Pilot Project (Pilot Project). The Recovery Assessment was 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, commonly known as the Impacted Reach. The Recovery Assessment required the collection of sediment and hydraulic data which was used to populate a hydrodynamic and sediment transport model, which was used to evaluate the effects of three different management scenarios – existing conditions, reduced sediment loads, and a modified channel.
The Pilot Project involved the mechanical removal of road base fill and the elevated approach to the Steel Bridge, which has served as an impediment to flood flows in the impacted reach. Modifying this feature has the potential to contribute to the improvement of floodplain hydrodynamics in this reach. This project was successfully completed (with funds from the State Coastal Conservancy) in the Fall of 2017.

The end product of the Recovery Assessment is represented by the Elk River Recovery Assessment: Recovery Framework, completed in December 2018.

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:

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:

CEQA Scoping:

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.

CEQA Scoping Documents

CEQA Resources:

Other Available Documents

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