Loading...
HomeMy Public PortalAbout20050330 - Agenda Packet - Board of Directors (BOD) - 05-07 i Regional Open 5 ce ----------------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 05-07 SPECIAL MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 6:30 p.m. Wednesday,March 30,2005 330 Distel Circle, Los Altos, California AGENDA* 6:30 ROLL CALL ADOPTION OF AGENDA—L. Hassett BOARD BUSINESS 6:35* 1. Presentation of First-Year In-Stream Sediment Monitoring at El Corte de Madera Creek Open Space Preserve—Balance H, d�gics, Inc. 7:00* 2. Review, Discuss/Comment on Draft Water Resources Policy 8:30* ADJOURNMENT * TIMES ARE ESTIMATED AND ITEMS MAY APPEAR EARLIER OR LATER THAN LISTED.AGENDA IS SUBJECT TO CHANGE OF ORDER. ** TO ADDRESS THE BOARD: The Chair will invite public comment on agenda items at the time each item is considered by the Board of Directors. You may address the Board concerning other matters during Oral Communications. Each speaker will ordinarily be limited to three minutes. Alternately,you may comment to the Board by a written communication,which the Board appreciates. *** All items on the consent calendar may be approved without discussion by one motion. Board members,the General Manager,and members of the public may request that an item be removed from the Consent Calendar during consideration of the Consent Calendar. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT,IF YOU NEED ASSISTANCE TO PARTICIPATE IN THIS MEETING,PLEASE CONTACT THE DISTRICT CLERK AT(650)641-1200. NOTIFICATION 48 HOURS PRIOR TO THE MEETING WILL ENABLE THE DISTRICT TO MAKE REASONABLE ARRANGEMENTS TO ENSURE ACCESSIBILITY TO THIS MEETING. OFOREST FREE III i Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-05-39 Meeting 05-07 March 30, 2005 AGENDA ITEM 2 AGENDA ITEM Workshop to Review Draft Revisions to the District's W ter Resources Policy GENERAL MANAGER'S REC0MMEND4Y10N- Review, discuss and comment on the attached Draft Water Resources Policy. DISCUSSION The Board of Directors prioritized the development of resource management policies during a workshop held on October 25, 2004. At this workshop, priority r the Board determined that the first iori for revision should be addressing water quality, fisheries,and pond management issues. These three resource management issues can be generally addressed collectively under the heading of water resources. The Board had previously adopted a set of policy statements addressing water resources (Resource Management Policies, 1994, Policy 7),however,the three issues identified at the prioritization workshop were not thoroughly addressed within the existing policy. Staff recommends a number of revisions to the existing water resources policy to clarify the District's intent and mission of protecting and restoring the natural environment relative to water resources. Additionally, these revisions incorporate policies and implementation measures that address the issues of water quality, fisheries, and pond management. The revised water resources policy text is attached to P Y this agenda report, with recommended changes indicated by strikeet/underline(Attachment A). Structurally,the policy text follows the same organization as the original Resource Management Policy, which is described in the preface to the 1994 document: "The Resource Management Policies are organized into chapters by subject and resource category. The chapter format generally consists of an introduction, goal, policies, and implementation measures. Each introduction provides background and rationale for the goal and policies that follow. The goal is phrased as a broad i g P , g P general statement describing the desired state or condition to be achieved. The policies state what steps the District will take in order to attain that goal. Each policy includes one or more recommended implementation measures, highlighted by bullets(•). These implementation measures are intended to reflect R-05-39 Page 2 current knowledge and practices regarding resource conservation,but are not necessarily comprehensive. They further define the policy by specifying the actions needed to carry it out." Water is arguably the most highly regulated natural resource within the State of California. Laws and regulations addressing how this resource may be used and must be protected exist at the federal, state, and local level. Not surprisingly,this complicated regulatory picture touches many aspects of the District's mission and day-to-day operations, in particular the water resource issues of water quality, fisheries, and pond management. A summary of these various laws and regulations is provided as an attachment to this agenda report(Attachment B). The purpose of the workshop is to review and discuss the proposed policy revisions and provide comments and guidance about its final content. The draft policy will then be revised as appropriate and presented to the Board at a future public meeting for review pursuant to the California Environmental Quality Act guidelines and for adoption. In the process of revising the water resources policy section of the Resource Management Policy document, inconsistencies within the document may arise based on changes made to the text and cross- references to other Policy chapters. Staff is recommending that these types of problems be addressed as the specific policies are updated or revised. Prepared by: Kirk Lenington, Resource Planner Contact person: Same as above Attachment A Draft Water Resources Policy 9otober 1994 WATER RESQ IRGE March 30 2005 DRAFT WATER RESOURCES 7 WATER RESOURCES Water is one of the most important forces shaping habitats and biodiversity. District open space lands contain a variety of water resources that include such diverse habitats as freshwater wetlands and watercourses (including ponds and seasonal wetlands),salt water tidal wetlands within San Francisco Bay,and groundwater resources such as springs, seeps, and underground aquifers. (s#eams, ponds, FeservoiFs), salt water tidal wetlands (San F=ranGi6GG Bay), and seaGGRal wetlands.—These water resources have natural, scenic, recreational,scientific,and educational values. In general,this policy will discuss waters(ponds, lakes, and aquifers),watercourses(such as streams and creeks) and wetlands. These terms are discussed further below. "Waters"is a term that is broadly used to describe all aquatic systems. This policy defines"waters"as areas of standing water,both seasonal and permanent,such as lakes and ponds,as well as underground aquifers. "Watercourse" is a generic term used to define any land feature that conveys concentrated water flow, regardless of whether the water flow is ephemeral, intermittent,or perennial. "Wetlands"are 1)distinguished by the presence of water,either at the surface or within the root zone;2)wetlands have unique soil conditions that differ from adjacent uplands; 3) support vegetation adapted to t#e wet conditions. Wetlands provide critical functions and provide habitat for a variety of fish,wildlife,and plant species. In California,wetlands of all types have been greatly reduced in area from their historic extent and are being rapidly lost or adversely impacted. WAUAndi;are lands that aFe transitional be-hveeln terrestrial and aquatiG systems. The wateF table is usually a pFevide habitat fc)F fish and aquatiG Wildlife, 0#8F fQFagiRg habitat or water feF teFFestFial wildlife and birds, absorb flood waters, red 'rharge aq6148FS,GleaRse pollutants,provide aesthetiG values,suppoFt habitat for many rare 6PeGie6 of plaRtS Rand- MfflddlofAe. tn C:;;lifArPiR unique plant aSGOGiatiaRs, ;A.fetI.;;Rc-Ir-,P-f Htypes have been greatly arsa fFGM the;F h i6tGFiG eXteRt and aFe beiAg Fapid ly lost e adversely Watersheds Within the District The District's boundaries include 26 major watersheds extending from the Pacific Ocean in San Mateo county to the baylands-along-Saga-Frano+ss ay in San Mateo and Santa Clara Counties. Many of District's lands are located within the headwaters of these watersheds. Twelve majer peFFnaneRt StFBaMS GFigiRate withiR and drain DiStFiGt PF868WeS. FFOM RGFth to south they PermaReRt6l,Stevens; Los Gatos;and Guadalupe Creeks. The headwateFs of these watersheds are GUFFeRtly Most preserve watersheds contain steep ridges and deep canyons typical of the Santa Cruz Mountains. Rainfall occurs mostly between November and April with seasonal rainfall totals varying greatly within the District. The-greatest rainfall quantities occur along the west facing slopes near the summit of the mountain range where totals can reach 40 to 50 inches per year, however, averages around 20 to 30 inches per year are more typical. The SOUFG86 Of 6LJFfaGe Water, runoff, and gFoundwater are PF86pitatiGR, GGMiRg as Fain . Many smaller creeks and streams are intermittent, reflecting this seasonal distribution of rainfall. Winter flows are higher, especially during and immediately following storms. The influeme of WateF Movement WateF flows iR prediGtable pattems on the suFfaGe,thFOUgh FoGks beneath the soil,and iR UR&FgFeund water tables. Plants and animals aFe adapted to spsIGAG Fnevernent patteFRS of wateF, sediment, ant-i n.-u-t-risnitts impoFtant in maintaining healthly 13-1 i QGtOber 1994 March 30 2005 DRAFT WATER RESOURCES The GORditiOR of soil and VegetatiOR iRf'U8RGe6 the rate at whiGh wateF Fneves as well ar, its quality and quaRtity. Dry leaf litter aGtS as a mu!Gh that helps absoFb and GORSeFV9 rainwatw. MaiRtaiRiRg an adequate Water Resource Issues Wetlands and watercourses on Districts open space lands provide valuable and increasingly scarce habitat for a variety of native plant and animal species as well as many special status species. Where habitat is not directly present on District lands, runoff from District lands supports habitats downstream,a connection that should be recognized and preserved. Issues associated with the management of water resources and water quality include managing erosion and sedimentation, wildland fire risk and effects, agricultural runoff, pesticides and fertilizers,septic system wastewater disposal,and chemical contamination from neighboring areas or from former use of preserves lands. The goal of the District's water resources policies is to maintain natural water courses, wetlands, and hydrologic processes. This goal will be attained through adherence to seven Policy statements: 7.1 Protect surface and ground waters from contamination. 7.2 Minimize interference with natural flow of surface and ground water. 7.3 Understand and protect District water rights and utilization. 7.4 Restore, maintain or enhance water quality on District open space lands. 7.5 Monitor water quality including sedimentation and erosion 7.6 Preserve and enhance fisheries habitats 7.7 Preserve and enhance pond habitats . Pre fertilizers . Cumulative *FnpaGtS 40M presewe u6e, area develepmeRt, and other general RORPOiRt SOUFGeS P01140R_ 7 Water Resources Goal Protect and restore Natural water courses, wetlands and hydrologic processes Policies and Implementation Measures 7.1 Protect surface and ground waters from contamination. 13-2 Onteber1994 WATER RESSO RGE-S March 30 2005 DRAFT WATER RESOURCES • Inventory existing facilities and uses that affect watercourses, riparian areas, and wetlands, and prepare plans for protection or restoration, as appropriate. • Research and pursue cleanup of potential sources of pollution,such as buried fuel tanks, improperly dumped or stored material, and faulty waste or drainage systems. • Use self-contained sanitary facilities or place rest rooms where they cannot contaminate water sources. • Regulate and control activities having a high potential for pollution. 7.2 Minimize interference with natural flow of surface and ground water. • Manage human activities to control erosion--for example, abandon poorly designed or sited roads, close certain trails to bicycle and equestrian use during the wet season, stream banks, re-route existing trails to minimize erosion and sediment delivery. • Restore hydrologic processes altered by human activity by;nstalligg--removing culverts;and drainage diversions where feasible,-and installing erosion control materials and structures,and using improved drainage structures that minimize alteration of hydrology. • Minimize soil disturbance during all construction projects. • Site new trails to minimize potential water pollution and stream bank erosion. • If possible, construct trails, roads, parking areas, and buildings so that streams are neither diverted nor interrupted, and runoff is not concentrated. Minimize creation of impermeable surfaces. • Identify and mitigate significant impacts of altered water flow on plants and animals,including aquatic organisms. 7.3 Understand and protect District water rights and utilization. • Identify existing uses of surface water on newly acquired open space lands,as part of the Ran-nquissition purchase process. IRGlude Ron human use. Protect water rights for appropriate and beneficial existing or possible future uses. • Monitor impacts of water usage on District and neighboring lands. • Maintain stock ponds as wildlife watering sources as appropriate(see 5.2). • Comment on land use decisions affecting District water resources. Recommend and support measures to maintain natural water quality, channel flow, and sedimentation rates. • Provide technical assistance to secure water rights for the continuation or establishment of viable agriculture on District land consistent with protection of sensitive habitats. 7.4 Restore, maintain or enhance water quality on District lands. • Protect and enhance vegetation to improve watershed productivity and water quality. • Manage agricultural leases and easements to protect and enhance riparian areas and to maximize the protection or enhancement of water quality. • Regulate the nature and intensity of human use to protect water quality. I 13-3 OG+nhnr 1994 March 30 2005 DRAFT WATER RESOURCES • Inventory and assess roads and trails on District lands to identify significant erosion and sediment sources. Prioritize maintenance and road/trail management based on most severe erosion and sediment delivery sites. • Monitor water quality and habitat condition in streams and ponds containing spawning, breeding, or rearing habitat for special status fish, reptile, and amphibian species. • Develop and implement best management practices to protect water quality_ 7.5 Plan and manage District lands as watershed units Monitor sediment delivery and transport on District preserves located within watersheds identified as impaired by sediment or supportive of special status animals requiring aquatic habitat. Coordinate with agencies and organizations to establish volunteer-based monitoring programs. Participate in regional watershed management activities. 7.6 Preserve and enhance fisheries habitats • Inventory and assess stream reaches accessible to anadromous fisheries to identify impediments to fish passage and opportunities for habitat enhancement. Remove artificial barriers to fish passage where removal would enhance spawning and rearing habitats. • Enhance spawning and rearing habitats for native fisheries through restoration and installation of habitat enhancement features where practical. Prioritize restoration and enhancement of areas providing habitat to sensitive species. • Monitor sensitive fish species populations on District lands. 7.7 Preserve and enhance pond habitats • Inventory and assess ponds to identify opportunities for habitat maintenance and enhancement. • Monitor sensitive reptile and amphibian populations on District open space lands. • Preserve pond habitats through maintenance of artificial impoundment structures where ponds provide habitat for sensitive species. 13-4 i Attachment B Summary of Water Resources Related Laws and Regulations Clean Water Act First adopted in 1972,the Federal Water Pollution Control Act Amendments is the federal law commonly known as the Clean Water Act. Over the years the Clean Water Act has been amended many times,yet the goal remains the same: establishing the basic structure for regulating discharges of pollutants in to the waters of the United States in order to maintain water quality. The Act has many provisions that are implemented across several different governmental agencies. The three main provisions that are of primary concern for the District are Sections 404, 401,and 303(d),which are discussed below. Section 404 of the Clean Water Act establishes a program to regulate the discharge of dredged and fill material into waters of the United States, including wetlands. The definitions of "discharge of fill material"and"waters of the United States"are broad,thereby encompassing many activities that occur or impact wetlands. For the District, typical projects that may require permits include bridge and culvert installation and maintenance,provided the impacted water body qualifies as"waters of the United States". The U.S. Army Corps of Engineers(ACOE or"Corps") is the primary agency responsible for administering the day-to-day program and enforcing Section 404 provisions. The determination of whether a water body is subject to the jurisdiction of the Corps is dependent upon the definition of"waters of the United States". The broad definition of"waters of the United States" is summarized below: • All waters currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce,including all waters subject to the ebb and flow of the tide • All interstate waters, including interstate wetlands • All other waters, such as intrastate lakes,rivers, streams(including intermittent streams), mudflats,sandflats,wetland sloughs,prairie potholes,wet meadows,playa lakes,or natural ponds,the use, degradation, or destruction of which could affect interstate or foreign commerce including any such waters o Which are or could be used by interstate or foreign travelers for recreational or other purposes; or o From which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or o Which are used or could be used for industrial purposes by industries in interstate commerce • All impoundments of waters otherwise defined as waters of the U.S. under the definition • Tributaries of waters identified in paragraphs(a)(1)through(4)of this section • The territorial seas • Wetlands adjacent to waters(other than waters that are themselves wetlands)identified in paragraphs(a)(1)through(6)of this section. The Corps has two main permitting processes for projects falling under their authority. The first process is for projects falling under one of 44 general permits, also known as Nationwide Permits. The Corps has developed the Nationwide Permits to streamline the evaluation and approval process for certain types of activities that have only minimal impacts to the aquatic environment. Generally,projects covered under a nationwide permit require a notification be submitted to the Corps containing a brief project description and assurances that all permit conditions are adequately met. it The second permitting process for compliance with the Clean Water Act Section 404 process is a P gP P standard or individual permit. This process requires a substantial amount of review as well as National Environmental Policy Act(NEPA)and a 404(b)(1) Alternatives Analysis. Section 401 of the Clean Water Act delegates to states the authority to certify that discharges requiring a federal permit comply with state and federal water quality standards and with state laws. Thus, Section 404 Permits(including Nationwide Permits) also need individual Section 401 certifications, which is granted through a separate regulatory agency. The Regional Water Quality Control Board(RWQCB) is the agency responsible for issuing Water Quality Certification actions and Waste Discharge Requirements(WDRs—discussed below under the Porter-Cologne Water Quality Control Act)in the state of California. It is worth noting that should 401 certification be denied by the RWQCB, the federal permit(404)is deemed denied as well. The RWQCB often waives certification for small projects that are covered under Nationwide Permits(i.e. less that two acres). Section 401 Water Quality Certifications are not required unless a 404 permit is required. Section 303(d) of the Clean Water Act requires that states make a list of waters that are not attaining water quality standards that support"beneficial uses"of those waters. For waters on this list,the states are to develop total maximum daily loads or TMDLs. A TMDL must account for all sources of the pollutants that caused the water to be listed, including both point sources (e.g. a discharge pipe from a factory or sewage treatment plant)and nonpoint sources(e.g. landscape scale sources such as storm water runoff and agricultural runoff). A TMDL is a written plan that describes how an impaired water body will meet water quality standards and contains: • A measurable feature to describe attainment of the water quality standard • A description of required actions to remove the impairment • An allocation of responsibility among dischargers to act in the form of actions or implementing water quality conditions for which each discharger is responsible. It is important to note that the implementation measures and allocations are a regulatory action and require monitoring to verify that loads are not exceeded. If performance standards are not attained, action by the RWQCB could be triggered. Currently,the State Board estimates that over 800 TMDLs will need to be developed in California; over 120 are currently in development. Schedules have been developed for establishing all required TMDLs over a 13-year period. The District manages property that falls within watersheds with TMDLs currently under development. The majority of these Preserves are within watersheds listed as impaired by sediment, which are the San Francisquito Creek, San Gregorio Creek,and Pescadero Creek watersheds. Additionally, the Guadalupe River watershed is listed as impaired by mercury resulting from legacy mercury mining impacts. This mercury TMDL is in the process of being developed and will probably be the first TMDL completed affecting District lands. Rivers and Harbors Act of 1899, Section 10 The Rivers and Harbors Act of 1899, Section 10 regulates navigable waters of the United States, primarily focusing on activities that could affect navigation. Thus,through this law,the Corps regulates the construction of structures in, under, or over navigable waters. The Corps administers these regulations in much the same way as the Clean Water Act, Section 404 process. The District seldom has projects requiring a permit under this federal law. Porter-Cologne Water Quality Control Act The Porter-Cologne Water Quality Control Act is California's primary water quality statute.The act delegates responsibility to the California State Water Resources Control Board(State Water Board)to protect "waters of the state" (broadly defined to include both surface and ground water) and to preserve all present and anticipated beneficial uses of these waters. Furthermore,Porter- Cologne gives both the State Water Board and the nine Regional Water Quality Control Boards (RWQCBs)broad authority to regulate"discharge of waste"to waters of the state, including the authority to adopt statewide water quality policy and water quality control plans that the RWQCBs must follow. This responsibility is implemented through the RWQCBs, which issue Waste Discharge Requirements (WDRs) for point sources of water pollution. The Regional Water Boards must, at a minimum, implement requirements as strict as those of the State Water Board; however, they have autonomy to develop more stringent requirements within their regions. Federal Endangered Species Act Passed in 1973 and reauthorized in 1988,the Endangered Species Act(ESA)regulates a wide range of activities affecting plants and animals designated as endangered or threatened. By definition, "endangered species" is an animal or plant listed by regulation as being in danger of extinction.A "threatened species" is any animal or plant that is likely to become endangered within the foreseeable future. The main provision of the Act affecting District operations is the prohibition of taking of a listed species. Taking is broadly defined as harassing, harming,pursuing, hunting, shooting,wounding, trapping, killing, capturing, or collecting of an endangered species or attempting to engage in such activities. Prohibitions apply to endangered species, their parts, and products. Most of these restrictions also apply to species listed as threatened unless the species qualifies for an exception. Various permits may be obtained to allow"take"of a listed species under special circumstances. For example,the U.S.Fish and Wildlife Service(terrestrial plants and animals)or the National Marine Fisheries Service(NOAA Fisheries,marine species,including salmonids),may grant permits for scientific or propagation purposes or for economic hardship situations involving endangered or threatened species. Another provision of the Act allows for the"take"of listed species while engaged in otherwise lawful activities. A landowner seeking this permit for"take" of a listed species is required to prepare a Habitat Conservation Plan(HCP)that outlines exactly what activities the landowner may engage in that could result in take of the listed species and how impacts will be minimized or avoided. The Endangered Species Act is among the strongest of the environmental laws,with violators of the Act subject to fines of up to $100,000 and one year's imprisonment. Organizations found in violation may be fined up to$200,000. California Endangered Species Act The California Endangered Species Act(CESA)is a state level version of the federal Endangered Species Act(ESA). Administered by the California Department of Fish and Game(DFG), CESA establishes a process for listing threatened or endangered species, where "endangered species" is defined as "a species of plant, fish,or wildlife which is in serious danger of becoming extinct throughout all or a significant portion of its range." The listing of a species under CESA is limited to species or subspecies native to California. The Natural Community Conservation Planning Act(NCCP)was added to CESA in 1991, providing voluntary collaboration among DFG, landowners, and all other interested parties in development of natural community conservation plans; the ultimate goal being protection and preservation of species and their habitats. Listed species under the California Endangered Species Act may be designated as fully protected, a provision unique to CESA. A permit for take of a fully protected species may not be issued, thus avoidance of ta ke is the only option for projects with the potential for take of a listed species. The one exception to this rule was added by the state legislature last year which authorized take of a fully protected species if the action that causes the take is a recovery action. California Code of Regulations,Section 1602:Lake and Streambed Alteration Program According to Fish and Game Code section 1602, any person, state or local governmental agency, or public utility must notify the Department of Fish and Game before beginning any activity that will do one or more of the following: 1)substantially obstruct or divert the natural flow of a river, stream, or lake; 2) substantially change or use any material from the bed, channel,or bank of a river, stream, or lake; or 3)deposit or dispose of debris, waste, or other material containing crumbled, flaked, or ground pavement where it can pass into a river, stream, or lake. Fish and Game Code section 1602 applies to all perennial, intermittent, and ephemeral rivers, streams, and lakes in the state. After the Department if Fish and Game receives a complete notification package, it will determine whether the activity will need a Lake or Streambed Alteration Agreement. An agreement will be required if the activity could substantially adversely affect an existing fish and wildlife resource. If an agreement is required,the Department will conduct an onsite inspection, if necessary, and submit a draft agreement.The draft agreement includes measures to protect fish and wildlife resources while conducting the project. Local Government Ordinance and Permitting In addition to compliance with state and federal laws and regulations,projects the District implements on District lands also often require permits from County or City governments. The most common permits are grading and resource management permits which are typically required on projects that exceed an established threshold of earthmoving or are located within resource management zoned areas. In order to obtain approval from local governmental agencies, District projects must comply with ordinances passed by the jurisdiction such as maximum slope allowances, setbacks from property lines or structures, and resource protection best management practices.