Temperature Policy Amendment

Approved Amendment

The revision of Chapter 4 of the Basin Plan to incorporate a Temperature Implementation Policy and TMDL Action Plans for the Mattole, Navarro, and Eel Rivers has been approved by Office of Administrative Law and is now in effect. 

• July 18, 2016 - Approved by the Office of Administrative Law (OAL).
• Notice of Approval OAL Matter Number: 2016-0603-04
• April 8, 2015 - Approved by the State Water Resources Control Board (State Water Board)
• STATE WATER RESOURCES CONTROL BOARD RESOLUTION NO. 2015-0020
• March 13, 2014 - Approved by the North Coast Regional Water Quality Control Board (Regional Water Board)
• Resolution No. R1-2014-0006
• Attachment 1 - Temperature Implementation Policy, Chapter 4 (Implementation Plans)
• Attachment 2 - Policy Statement, incorporated by footnote into Chapter 4 (Implementation Plans)
• Attachment 3 - Temperature TMDL Action Plans for Mattole, Eel, and Navarro Rivers, Chapter 4 (Implementation Plans)

Background

The Regional Water Board directed staff to prepare an amendment incorporating a temperature implementation policy into the Basin Plan by adoption of resolution R1-2012-0013.
The Basin Plan amendment describes the approach to implementing the interstate water quality objective for temperature in one cohesive policy. It identifies the regulatory mechanisms staff employ to ensure achievement of the water quality objective for temperature, it describes the significance of stream shade as a factor determining stream temperatures, and it directs staff to address temperature concerns through existing authorities and processes.
The Basin Plan amendment also establishes implementation plans for the Navarro, Mattole, Upper Main Eel, Middle Main Eel, Lower Eel, Middle Fork Eel, North Fork Eel, and South Fork Eel River temperature total maximum daily loads.

Regional Water Board Documents

The Regional Water Board adopted the Policy and Action Plans with minor revisions at a public hearing during the Regional Water Board's March 13, 2014 meeting in Santa Rosa, California. The documents below are the final versions incorporating the minor revisions. The proposed Basin Plan amendment will be heard by the State Water Resources Control Board at a time to be announced in the future. The proposed Basin Plan amendment will be incorporated into the Basin Plan following approvals by the State Water Board, Office of Administrative Law, and the USEPA.

• Resolution No. R1-2014-0006
• Attachment 1 - Policy Language
• Attachment 2 - Policy Statement Resolution
• Attachment 3 - Action Plans
• Attachment 4 - CEQA findings
• Final Staff Report

March 13, 2014 Public Hearing Materials

The Regional Water Board considered the Policy and Action Plans at a public hearing during the Regional Water Board's November 20, 2013 meeting in Santa Rosa, California. The Regional Water Board deferred action at that time and directed staff to define the term "site potential effective shade" and clarify the concept, with particular discussion of how the concept is applied and assessed. Staff have developed additional material in response to the Regional Water Board's direction, which are now available for review.
Additional Materials:

• Resolution No. R1-2014-0006
• March 2014 Attachment 1 - Revised Policy Language
• March 2014 Attachment 2 - Policy Statement Resolution
• March 2014 Attachment 3 - Action Plans
• March 2014 Attachment 4 - CEQA findings
• Summary of Proposed Changes March 13, 2014
• Revised Staff Report

There is no public comment period associated with the additional materials, however interested parties can provide comment at the March 13, 2014 public hearing.

November 20, 2013 Public Hearing Materials
The following documents were considered by the Regional Water Board at the November 20, 2013 public hearing:

• Resolution No. R1-2013-0058
• November 2013 Attachment 1 - Policy Language
• November 2013 Attachment 2 - Policy Statement Resolution
• November 2013 Attachment 3 - Action Plans
• November 2013 Attachment 4 - CEQA findings
• Summary of Proposed Changes November 20, 2013
• Addendum
• Draft Staff Report November 4 2013
• Response to Comments

Public Review Drafts (comment period closed)

Public Review Draft Staff Report Supporting the Policy for the Implementation of the Water Quality Objectives for Temperature and Action Plan to Address Temperature Impairment in the Mattole River Watershed, Action Plan to Address Temperature Impairment in the Navarro River Watershed, and Action Plan to Address Temperature Impairment in the Eel River Watershed, August 30, 2013. (Public Review Draft Staff Report)

• Entire Public Review Draft Staff Report in one file (2.5 MB)

Individual Sections of the Public Review Draft Staff Report for ease of downloading:

• 1.0    Title Page, Table of Contents, and Introduction
• 2.0    Analysis of Temperature
• 3.0    Temperature Water Quality Objectives
• 4.0     Interpretation and Implementation of the Water Quality Objectives for Temperature
• 5.0     Regional Policy to Implement the Water Quality Objectives for Temperature
• 6.0     Action Plans to Address Temperature Impairments in the Mattole, Navarro, and Eel River Watersheds
• 7.0     Description of Surveillance Activities
• 8.0      Environmental Setting
• 9.0      California Environmental Quality Act (CEQA) Environmental Analysis
• 10.0    Economic Analysis
• 11.0    Public Participation
• 12.0    References Cited

• Appendix 1: Response to Peer Review Comments on Draft Policy to Implement the Water Quality Objectives for Temperature

Draft Basin Plan Amendment Language:

• Policy to Implement the Water Quality Objectives for Temperature
  
  
• Action Plans to Address Elevated Water Temperatures in the Mattole, Navarro, and Eel River Watersheds

The Draft Policy above incorporates Resolution R1-2012-0013, which was adopted on January 19, 2012, and is not subject to comment.

• Resolution R1-2012-0013: Policy Statement for Implementation of the Water Quality Objective for Temperature in the North Coast Region

Peer Review

Peer Review Request for Reviewers, and Approvals

• May 20, 2013 Request Letter for Scientific Peer Reviewers

1. Summary of TMDL Summary and Implementation Framework and Basin Plan Amendment of Beneficial Uses
2. Description of Assertions, Findings, and Conclusions to be Addressed by Peer Reviewers
3. List of Participants

• June 20, 2013 Response to Request for External Peer Reviewers

Peer Reviewers' Curriculum Vitae

• Mark T. Stacey, Ph.D., Department of Civil and Environmental Engineering, University of California, Berkeley, California 94720
• John C. Stella, Ph.D., Department of Forest and natural Resources Management, State University of New York, Syracuse, New York 13210
• Sally E. Thompson, Ph.D., Department of Civil and Environmental Engineering, University of California, Berkeley, California 94720

Documents Peer Reviewed

• Peer Review Draft Policy for the Implementation of the Water Quality Objectives for Temperature
• Peer Review Draft Staff Report Supporting the Policy for the Implementation of the Water Quality Objectives for Temperature

Peer Review

• Comment Letter from Dr. Mark Stacey
• Comment Letter from Dr. John Stella
• Comment Letter from Dr. Sally Thompson

Response to Peer Review

• Response to Peer Review Comments