Subject: Auburn Ravine - Steelhead - Water Quality Issues
Date: Mon, 30 Mar 1998 23:05:23 +0000
From: BOB BAIOCCHI <cspa@psln.com>
Organization: CSPA
To: CSPA Board of Directors, via email.
CALIFORNIA SPORTFISHING PROTECTION ALLIANCE
P.O. BOX 357
QUINCY, CA 95971
BUS TEL: 530-836-1115
FAX: 530-836-2062
March 30, 1998
Mr. Gary Carlton, Executive Officer
Central Valley Regional Water Quality Control Board
3443 Routier Road, Suite A
Sacramento, CA 95827-3003
Re: In the Matter of Notice of Tentative Waste Discharge Requirements
and New NPDES for City of Auburn Wastewater Treatment Plant; Auburn
Ravine; Placer County; Comments by California Sportfishing Protection
Alliance
By Fax Communication from 530-836-2062 to 916-255-3015
Dear Mr. Carlton:
The following are the comments of the California Sportfishing
Protection Alliance regarding the proposed NPDES tentative waste
discharge requirements for the City of Auburn Wastewater Treatment Plant
in Placer County:
1. The proposed NPDES tentative waste discharge requirements for the
City of Auburn Wastewater Treatment Plant are grossly deficient as
clearly shown by the comments of the Department of Health Services of
the State of California. We reference letter of March 25, 1998 from
Department of Health Services to Robert J. Yeadon, Senior Engineer,
Central Valley Regional Water Quality Control Board.
2. The proposed NPDES tentative waste discharge requirements for the
City of Auburn Wastewater Treatment Plant has the potential to harm and
injure steehead trout in the Auburn Ravine Watershed. The Auburn Ravine
Watershed sustains steelhead trout and their habitat. Steehead trout
were recently listed by the U.S. National Marine Fisheries Service as
threatened under the protection of the provisions of the federal
Endangered Species Act.
The CSPA is requesting the USNMFS to initiate and complete a Section
4-D Ruling specifically for the threatened steehead trout resources of
Auburn Ravine, in conjunction with the proposed and any forth coming
NPDES tentative waste discharge requirements for the City of Auburn
Wastewater Treatment Plant.
The CSPA is requesting the Central Valley Regional Water Quality
Control Board, and also the City of Auburn, to consult with the U.S.
National Marine Fisheries Service pursuant to the provisions of the
federal Endangered Species Act to determine the effects to steelhead
trout and their habitat in the Auburn Ravine Watershed resulting from
the proposed revised and lowering of NPDES requirements in the tentative
waste discharge requirements for the City of Auburn Wastewater Treatment
Plant.
Any NPDES tentative discharge requirements approved by the Central
Valley Regional Water Quality Control Board should require the City of
Auburn to fund and monitor the Auburn Ravine Watershed daily from the
waste treatment plant to the Sacramento River to determine any potential
harm and injury to threatened and protected steelhead trout and their
habitat. The monitoring of the Auburn Ravine Watershed by the City of
Auburn should be conducted by an independent biologist who reports
directly to the staff of the Central Valley Regional Water Quality
Control Board. The independent biologist should be required to file
monthly monitoring reports which includes daily monitoring reports.
Any and all violations of the waste discharge requirements that effects
steelhead trout and jeopardizes their habitat in the Auburn Ravine
Watershed should be dealt with swiftly and promptly (cease and desist
orders) by the Central Valley Regional Water Quality Control Board
because the threatened and protected steelhead trout could be
jeopardized and extinguished from the Auburn Ravine Watershed forever.
3. The proposed NPDES tentative waste discharge requirements for the
City of Auburn Wastewater Treatment Plant has the significant potential
to harm and injure aquatic species in the Auburn Ravine Watershed. The
Auburn Ravine Watershed sustains aquatic species and their habitat.
Steehead trout need aquatic species to survive (food base). Harm and
injury to aquatic species has the potential to adversely harm and injure
steehead trout and their survival, a threatened salmonid species,
protected under the provisions of the federal Endangered Species Act.
Any NPDES tentative discharge requirements approved by the Central
Valley Regional Water Quality Control Board should require the City of
Auburn to fund and monitor the Auburn Ravine Watershed daily from the
waste treatment plant to the Sacramento River to determine any potential
harm and injury to aquatic species (food base) and threatened and
protected steelhead trout and their habitat. The monitoring of the
Auburn Ravine Watershed by the City of Auburn should be conducted by an
independent biologist who reports directly to the staff of the Central
Valley Regional Water Quality Control Board. The independent biologist
should be required to file monthly monitoring reports which includes
daily monitoring reports.
Any and all violations of the NPDES waste discharge requirements
adopted by the Central Valley Regional Water Quality Control Board that
effects aquatic species and the threatened and protected steelhead
trout's food base should be dealt with swiftly and promptly (cease and
desist orders) by the Central Valley Regional Water Quality Control
Board because the threatened and protected steelhead could be
jeopardized and extinguished from the Auburn Ravine Watershed forever.
4. Threatened and protected steelhead trout and aquatic species are
indicator species concerning the condition of water quality in the
Auburn Ravine Watershed. Public health is the most important issue in
this matter. Protecting public health and water quality will protect the
fish and aquatic species. The CSPA believes the Central Valley Regional
Water Quality Control Board must prevent harm to the public that use the
waters of the Auburn Ravine Watershed resulting from the operations of
the City of Auburn's Wastewater Treatment Plant, and also resulting from
the proposed NPDES waste discharge requirements.
There should be downstream water users in the Auburn Ravine Watershed
to the Sacramento River that use the waters of the Auburn Ravine
Watershed such as surface flows and the underflow for consumptive
purposes such as drinking water and stock watering purposes.
There should be downstream public recreational users that use the
waters of the Auburn Ravine Watershed to the Sacramento River for
recreational uses such as water contact activities. The proposed NPDES
tentative discharge requirements must protect public health, and also
protect the public and private land owners from being contaminated and
harmed resulting from the operations of the City of Auburn Wastewater
Treatment Plant under the proposed tentative NPDES waste discharge
requirements.
In the event of public health problems and violations associated with
the Central Valley Regional Water Quality Control Board approval of any
NPDES tentative discharge requirements for the City of Auburn Wastewater
Treatment Plant, the Central Valley Regional Water Quality Control Board
and the City of Auburn should be held liable for all damages and harm to
the public, public waters, water users, fish and aquatic species, and
other public trust values. i.e. Penn Mine, Lower Mokelumne River;
California Sportfishing Protection Alliance and Save the Mokelumne River
Committee v. State of California.
5. The USNMFS recently proposed to list fall-run, late-fall, and
spring-run chinook salmon of the Central Valley under the protection of
the provisions of the federal Endangered Species Act. Auburn Ravine
sustains fall-run and spring run chinook salmon.
The Central Valley Regional Water Quality Control Board and the City of
Auburn should consult with the USNMFS to determine whether the revised
and lowering of requirements in the proposed NPDES tentative waste
discharge requirements will have any effects to fall-run and spring-run
chinook salmon species and their habitat.
The U.S. Fish and Wildlife Service proposes to list Sacramento
Splittail species. The lower reaches of Auburn Ravine sustains
Sacramento Splittail species. The Central Valley Regional Water Quality
Control Board and the City of Auburn should consult with the U.S. Fish
and Wildlife Service to determine whether the revised and lowering of
requirements in the proposed NPDES tentative waste discharge
requirements will have any effects to Sacramento Splittail species and
their habitat. When there is a federal license or permit involved, the
CSPA believes that the Central Valley Regional Water Quality Control
Board should consult with the USFWS pursuant to the provisions of the
U.S. Fish and Wildlife Coordination Act.
Any NPDES tentative discharge requirements approved by the Central
Valley Regional Water Quality Control Board should require the City of
Auburn to fund and monitor the Auburn Ravine Watershed daily from the
waste treatment plant to the Sacramento River to determine any potential
harm and injury to fall-run and spring-run chinook salmon (all life
stages), Sacramento Splittail species (all life stages), aquatic
species (food base - all life stages)), and threatened and protected
steelhead trout (all life stages) and their habitat. The monitoring of
the Auburn Ravine Watershed by the City of Auburn should be conducted by
an independent biologist who reports directly to the staff of the
Central Valley Regional Water Quality Control Board. The independent
biologist should be required to file monthly monitoring reports which
includes daily monitoring reports.
As a waste discharge requirement there should be a three species
bioassay involving rainbow trout.
6. There is "new information" now available which was not disclosed,
evaluated, and mitigated in the CEQA document for the operation of the
wastewater treatment plant. That "new information" is as follows;, (a)
the steelhead trout species were recently listed for protection under
the federal Endangered Species Act, (b) the fall-run, late-fall, and
spring-run chinook salmon are being proposed for listing under the
protection of the federal Endangered Species Act, (c) Sacramento
Splittail species are also being proposed for listing under the
protection of the federal Endangered Species Act, and most importantly,
(d) the proposed tentative NPDES waste discharge requirements have been
changed and lowered with the potential to caused adverse significant
direct, indirect, and cumulative impacts to the human environment.
For the above mentioned reasons, a new supplemental EIR (CEQA) must be
prepared before the Central Valley Regional Water Quality Control Board
can make a decision in this matter.
7. There are at least three (3) federal agencies involved with the
deficient CEQA document and the proposed tentative NPDES waste discharge
requirements. They are the U.S. Environmental Protection Agency, U.S.
National Marine Fisheries Service, and the U.S. Fish and Wildlife
Service. The proposed tentative waste discharge requirements involves
the approval of a federal permit known as the NPDES [National Pollutant
Discharge Elimination System].
A NEPA document or a joint combined NEPA/CEQA document was not prepared
for the proposed federal/state action. As noted above there is new
information which was not available when the CEQA document was prepared.
Consequently, the CSPA believes the provisions of NEPA will be violated
in the event the Central Valley Regional Water Quality Control Board
approves the proposed tentative NPDES waste discharge requirements
without the preparation of a NEPA document.
A NEPA document or a joint NEPA/CEQA document must be prepared for the
proposed federal/state action.
8. Any and all decisions by the Central Valley Regional Water Quality
Control Board in this matter should be based on sound scientific studies
and written findings, and not on heresay with the lack of any supporting
information and data.
9. The author of this letter has expertise in water rights, federal
hydropower licensing, and matters pertaining to the governmental
administrative process in fish, wildlife, and water quality matters for
the past 20 years or more.
10. Place this letter into the records for the proposed tentative NPDES
waste discharge requirements being considered by the Board.
That concludes the comments of the California Sportfishing Protection
Alliance.
Please provide me with a copy of the approved Board order in this
matter, including copies of all amendments and related decisions
thereof.
Respectfully Submitted
____________________________________________
Robert J. Baiocchi, Consultant
For: California Sportfishing Protection Alliance
P.O. Box 357
Quincy, CA 95971
cc: Ms. Susan Brandt-Hawley, Esquire
Law Office
P.O. Box 1659
13760 Arnold Drive
Glen Ellen, CA 95442
Ms. Helen McKinley
EPA Project Officer
Water Division
U.S. Environmental Protection Agency
75 Hawthorne Street
San Francisco, CA 94105-3901
Mr. William Hogarth, Regional Administrator
U.S. National Marine Fisheries Service
501 West Ocean Boulevard, Suite 4200
Long Beach, CA 90802-4213
Mr. Wayne White, State Supervisor
U.S. Fish and Wildlife Service
3310 El Camino Avenue, Suite 130
Sacramento, CA 95821-6340
Mr. Dennis McEwan, Fishery Biologist
California Department of Fish and Game
1416 Ninth Street
Sacramento, CA 95814
Mr. Jim Canaday, Environmental Unit, Water Quality
Division of Water Rights
State Water Resources Control Board
P.O. Box 2000
Sacramento, CA 95812-2000
Dr. Ron Otto, Representative
OAPOA
Auburn Ravine Creek Preservation Committee
10170 Wise Road
Auburn, CA 95603
Mr. Jim Crenshaw, President
California Sportfishing Protection Alliance
1248 East Oak Avenue, Suite D
Woodland, CA 95695
Interested Parties