Carnegie being sued for water abuse

TomJeeps

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http://www.commondreams.org/newswire/2009/09/17-23

FOR IMMEDIATE RELEASE
September 17, 2009
4:57 PM
CONTACT: Public Employees for Environmental Responsibility (PEER)
Karen Schambach (530) 305-0503; Michael Lozeau (510) 749-9102 x. 2#; Bill Jennings (209) 464-5067


Water Pollution Lawsuit Against California State ORV Park
Creek Ruined by Off-Road Abuse in Carnegie Recreation Area
TRACY, Calif. - September 17 - An association representing government scientists and law enforcement personnel and another representing sport fishing interests filed a lawsuit today in Alameda County Superior Court charging the California Department of Parks and Recreation and its Off-Highway Motor Vehicle Recreation (OHMVR) Division with violating the state's Water Code and their own regulations by allowing off-road vehicle activities to pollute Corral Hollow Creek at Carnegie State Vehicular Recreation Area.

The two groups, Public Employees for Environmental Responsibility (PEER) and California Sportfishing Protection Alliance (CSPA), charge the OHMVR Division violates State law by failing to file required Reports of Waste Discharge for vast amounts of sediment and heavy metals being discharged into the creek from Carnegie's heavily-used off-road trails and open areas. They also charge the OHMVR Division with failing to comply with its own regulations, which require annual monitoring of soil loss and damage to wildlife habitat.

The Carnegie State Vehicular Recreation Area (SVRA), near Tracy, is home to a number of sensitive, endangered and threatened wildlife species, including the Kit fox, California Red-legged frog, Western pond turtle, Alameda whipsnake, California tiger salamander, Golden eagle, Western spadefoot toad and Large flowered fiddlenecks. Corral Canyon is the only place in the world the fiddleneck occupies. Carnegie's denuded hillsides, a result of decades of damaging "hillclimbs" by off-road vehicles, stand in stark contrast to the lushly vegetated slopes on adjoining private lands. Inside the park, steep trails are badly eroded and Corral Hollow Creek is used as an off-road play area.

"State Parks is allowing an obscene degradation, not only of a public facility, but of waters of the State," observed Karen Schambach, California Field Director for PEER. "Off-roaders shouldn't be getting a free pass to pollute, merely because theirs is a recreational use."

Bill Jennings, Executive Director of CSPA said, "DPR is failing its duty to protect the water quality of Corral Hollow Creek by allowing its eroded trails to spew sediment into the creek and riders at the park to use the creek as an off-road play area. DPR's failure is amplified by its effort to evade the California Regional Water Quality Control Board's authority to regulate and prevent the park's pollution."

The groups are demanding the State file Reports of Waste Discharge with the Regional Water Quality Control Board, and obtain the permits required for discharges into state waters. They are also seeking temporary closure of Carnegie until the OHMVR Division complies with the water quality permitting requirement and completes monitoring and restoration in compliance with its own regulations.

The OHMVR Division is responsible for ensuring responsible management of off-road use throughout the state, including on thousands of acres of Forest Service and Bureau of Land Management land that have received hundreds of millions of dollars over the 38-year old life of the program. Conservation groups have, for years, charged the program with putting recreation interests over environmental protection. The program, the beneficiary of $60 million a year in state fuel tax revenues, is the only Division of State Parks not facing park closures.



See the lawsuit

Look at fiscal imbalance in state parks favoring ORVs

View the eco-damage wreaked by ORV abuse
###
Public Employees for Environmental Responsibility (PEER) is a national alliance of local state and federal resource professionals. PEER's environmental work is solely directed by the needs of its members. As a consequence, we have the distinct honor of serving resource professionals who daily cast profiles in courage in cubicles across the country.

You can view the lawsuit here:http://www.peer.org/docs/ca/09_17_9_California_Carnegie_SVRA.pdf
 

Vtr_Racing

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Hmm.......That sport fishing group is the same group, I think, that may be responsible for the water issues in the San Juaquin Valley
Public Employees for Environmental Responsibility (PEER) is a national alliance of local state and federal resource professionals. PEER's environmental work is solely directed by the needs of its members. As a consequence, we have the distinct honor of serving resource professionals who daily cast profiles in courage in cubicles across the country.
Who are employed by employers who have no idea whats going on!
 

Ziggy

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Effin wankers with nothing else to do.
I tested my truck out there a couple of months ago and there was no water to be seen anywhere near the place.They have annexed 1500 acres nearby and want all the land for trails only.
 

fordnut

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Effin wankers with nothing else to do.
I tested my truck out there a couple of months ago and there was no water to be seen anywhere near the place.They have annexed 1500 acres nearby and want all the land for trails only.

Group Envisions Tesla Park, Not Carnegie Vehicle Playground

Although the state intends to create an off-highway vehicle (OHV) park with 3000 acres it bought next to Carnegie motorcycle park, Celeste Garamendi is working hard to change those plans. Garamendi, a Tracy resident whose husband owns a ranch near the park on Tesla Road, has formed Friends of Tesla Park. The organization is getting the word out to public agencies and conservation groups that an OHV park would disrupt sensitive habitat. It’s a problem the state hasn’t addressed adequately in the first two EIRs it conducted for the property, said Garamendi. The third EIR attempt is expected to begin early this year, she said. The Carnegie motorcycle park already permits some OHV use. With the expanded popularity of the vehicles, the state bought the adjacent land. Allowing vehicles there will contribute to erosion and water run-off problems into Corral Hollow Creek, posing a threat to fish there. It would also ruin habitat for various endangered plants and such species as the red-legged and yellow-legged frogs, she said.

Does the last name sound familiar? Her brother is the Lt. Governor for California. She just wants the land to be preserved so her property value can go up and so she can ride her horses.:mad:
 

TomJeeps

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It's a strip mine, was for the most part used to make bricks to rebuild San Francisco after the early 1900's Earthquake, a few ovens and building foundations are considered artifacts but other than that, it's an old strip mine...TJ:p
 

TomJeeps

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Tracy Press
State parks officials are scrambling to find a way to keep Carnegie State Vehicular Recreation Area open after an Alameda County judge on Tuesday gave the parks department a choice between cleaning up Corral Hollow Creek or forbidding off-road vehicles in the park.

Judge Frank Roesch issued the order in response to a lawsuit filed last week by the California Sportfishing Protection Alliance, an environmental watchdog group that pressures regulatory agencies to follow the letter of the law when it comes to monitoring potential degradation of waterways.

In this case, the CSPA set its sights on Corral Hollow Creek, a seasonal creek that runs through Carnegie and out to the valley floor. The creek channel, which is dry for most of the year, ends in farmland south of Tracy. Except in the heaviest rainy seasons, water from Corral Hollow Canyon is absorbed into the ground before it reaches the San Joaquin River.

In addition to regular weekend use, Carnegie is host to two American Motorcyclist Association hill climb events this fall, including the third round of the 2009 California AMA series on Oct. 3 and 4. Those events are still on while lawyers from the parks department, the CSPA and the Regional Water Quality Control Board decide what to do next.

The CSPA says the increased sediment caused by motorcycle use at the park has the potential to degrade water quality in the canyon’s watershed. According to the lawsuit, the California Department of Parks and Recreation is obligated to take out a permit to allow addition of soil and sediment to the creek, or take out a waiver in lieu of a permit.

In any event, the state would have to determine how much soil is added to the creek and test water samples to determine if off-road vehicle use causes water pollution, then file a report on that study.

Roesch’s order requires that, by Wednesday, the parks department provide that report to the Regional Water Quality Control Board. In the meantime, it must halt all off-road vehicle use at the park.

Bob Williamson, district superintendent for Carnegie SVRA, said the matter must go through Department of Parks and Recreation lawyers before any changes are made at the park. In the meantime, next weekend’s hill climb will go on as planned.

“From what I understand, operations will continue,” Williamson said. “I don’t expect that there will be any effect on the hill climb.”

Skip Horne, organizer of the Carnegie hill climbs, said he will meet with parks officials to find out what needs to be done to keep the events on the calendar. Meanwhile, folks in the off-road vehicle community are trying to understand how water quality could be harmed in a creek that is dry most of the year.

“This whole thing is absolutely

ludicrous,” Horne said. “It’s another ploy by the environmental world to get rid of us.”

Horne added that he has always been under pressure to take care of hillsides and make sure hill climb trails don’t get overused.

“(The issue) was there when we got here, and it will be here for eternity,” he said, adding that he has seen the state take water samples in the spring, but they can’t take samples for most of the year.

“My thinking is this judge hasn’t a clue that there isn’t any water in there for most of the year.”

Bill Jennings, executive director of the CSPA, said his group has monitored water quality during the rainy season when the creek flows.

“During the fall storms, we monitored water coming into the park and water leaving the park. What we found were prodigious amounts of heavy metals and sediment,” he said, adding that the parks department should have similar results from its own tests.

“Every time it rains, there is a sediment load washing down. They knew about that and ignored it.”

Jennings added that the CSPA’s goal is not to shut down the park, but to make sure that sediment from the canyon’s slopes is kept out of the creek bed and that the creek bed is protected from off-road vehicles.

“We want them to comply with the law, and they’ve known for a long time that they haven’t followed their own regulations in protecting habitat up there.”

• Contact Bob Brownne at 830-4227 or brownne@tracypress.com.

Whatever, I just may drive up there and see for myself...TJ:confused:
 

TomJeeps

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http://www.peer.org/news/news_id.php?row_id=1251

STATE ORV PARK VIOLATING CALIFORNIA WATER QUALITY LAW —


Tracy — Despite budget cuts that threaten other State Parks, the Department of Parks and Recreation had not planned to close any of their State Vehicular Recreation Areas (SVRAs). That may change, now that a Superior Court Judge has ordered Carnegie SVRA either to comply with the Porter-Cologne Water Quality Control Act by filing a Report of Waste Discharge and suspending all off-highway vehicle activity until it receives a permit from the Central Valley Regional Water Board, or to attend a December 4th hearing to show cause why it does not need to do so.

Issued on September 22, 2009 by Judge Frank Roesch of the Alameda County Superior Court, the writ is a result of a lawsuit charging the Department’s Off Highway Motor Vehicle Recreation (OHMVR) Division with allowing sediment from off-road trails and areas to pollute Corral Hollow Creek. The suit was filed on September 17 by Public Employees for Environmental Responsibility (PEER) and California Sportfishing Protection Alliance (CSPA) charging the California Department of Parks and Recreation and its OHMVR Division with violating the state’s Water Code and their own regulations by allowing off-road vehicle activities to pollute Corral Hollow Creek at Carnegie State Vehicular Recreation area.

The court agreed with the plaintiffs that the OHMVR Division is violating State law by failing to file required Reports of Waste Discharge for vast amounts of sediment and heavy metals being discharged into the creek from Carnegie’s heavily-used off-road trails and open areas. Moreover, the OHMVR Division is failing to comply with its own regulations, which require annual monitoring of soil loss and damage to wildlife habitat.

Carnegie (SVRA), near Tracy, is home to a number of sensitive, endangered and threatened wildlife species, including the Kit fox, California Red-legged frog, Western pond turtle, Alameda whipsnake, California tiger salamander, Golden eagle, Western spadefoot toad and Large flowered fiddlenecks.

Carnegie’s denuded hillsides, a result of decades of damaging “hillclimbs” by off-road vehicles, stand in stark contrast to the lushly vegetated slopes on adjoining private lands. Inside the park, steep trails are badly eroded and Corral Hollow Creek is used as an off-road play area.

“State Parks has allowed an obscene degradation, not only of a public facility, but of waters of the State,” observed Karen Schambach, California Field Director for PEER. “Off-roaders shouldn’t be getting a free pass to pollute, merely because theirs is a recreational use.”

Bill Jennings, Executive Director of CSPA said, “DPR is failing its duty to protect the water quality of Corral Hollow Creek by allowing its eroded trails to spew sediment into the creek and riders at the park to use the creek as an off-road play area. DPR’s failure is amplified by its effort to evade the California Regional Water Quality Control Board’s authority to regulate and prevent the park’s pollution.”

The OHMVR Division is responsible for ensuring responsible management of off-road use throughout the state, including on thousands of acres of Forest Service and Bureau of Land Management land that have receive hundreds of millions of dollars over the 38-year life of the program. Conservation groups have, for years, charged the program with putting recreation interests over environmental protection. The program, the beneficiary of $60 million a year in state fuel tax revenues, is the only Division of State Parks not facing budget-related park closures.

Whatever X2...TJ:confused:
 

Vtr_Racing

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Look at this.....
“During the fall storms, we monitored water coming into the park and water leaving the park. What we found were prodigious amounts of heavy metals and sediment,”
So, what isnt supposed to be there that wasnt there to begin with? Dirt has "metal" mixed in it and sediment could be anything they want to say it it.
For effect......Trying to scare people into thinking 'sediment" is Baaaad......Ask this guy/group wht they think about offroading and the truth will come out. Offroading in ANY form.

Yet another lawsuit......To steal Californians money in the name of Ecology. Hijacking yet another riding area.
Better start buying up mass amounts of land and make it private
 

flyinbronco

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Oh my gosh. This cracks me up. Especially the quote of lushly vegitated lands on adjacent properties. Its right accross the street from the Lawrence Livermore Laboratory's site 300. https://wci.llnl.gov/fac/site300/Which is, by the way, a super fund clean up site. A little further down stream is an old land fill site that has been closed for maybe 10 years or so. Before that they had a brick and potery factory at the site.http://teslacoalmines.netfirms.com/Carnegie.html When the government cleans up their contamination of the area then lets talk of moving the OHV area.:mad:
 

TomJeeps

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Well we need to get back to basics and UN-elect some people, ether that or tell me a better way to get some Laws changed, PEER appears to claim this is Division's own Regulations so go figure...TJ:eek:
 

Vtr_Racing

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I thought about that. Another hoop. Why cant these judges see that? Because at the time there is NO opposition?
 

TomJeeps

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My gut feeling on this is they found an angle we just didn't think of, it's word play we agreed to control soil loss, didn't exactly spell out we had to product it but the way this Judge sees it it's ours to deal with. Which goes along with the Green's agenda, which is to cut our funding and expand what we are responsible for, but frankly I think PEER wont rest till at least one Motorized park is closed. The money wont get spent then down the road they'll argue for another "loan", which historically the State never paid us back without litigation, which still only recovered a few cents on the Dollar:mad:...TJ:p
 

DONALD MACE

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The whole valley is bad. Have been riding out there since 74 and nothing has changed. The dirt bikes are not the problem. The water that comes down the valley gets contaminated from the start. What comes out of a gold mine ? Heavy metals... or a coal mine, let alone a brick factory. What happens when you tear down something in the middle of a valley that has a creek running through it. Lets look at the railroad that ran from one end to the other in the valley. And yes Site 300. Any one that lives or rides at Carnegie knows of Site 300. Not a very good place. They still do some testing out there. What about all the 55gal drums that at spread all over the site? What in them? THIS IS JUST A NOTHER THING AGAINST OFF ROADING/DIRT BIKING. History has made that valley bad. Why cant they just leave our dirt bike area alone.
 

TomJeeps

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http://www.recordnet.com/apps/pbcs.dll/article?AID=/20090929/A_NEWS/909290323#STS=g06z5eos.j7c

Carnegie on trail to oblivion?
Off-road park told to get permit or close up shop

By Alex Breitler
Record Staff Writer
September 29, 2009 12:00 AM
TRACY - A popular off-highway vehicle state park southwest of the city must close if it does not obtain a permit for metal-tainted mud that erodes from the park's well-worn trails into a seasonal creek, a judge has ruled.

No one seems to expect Carnegie State Vehicular Recreation Area will close, at least not now, as hundreds of OHV enthusiasts plan to gather there for a racing event this weekend.

That race, organizers said Monday, is still on. A state parks spokeswoman said attorneys are deciding what to do next, and she said officials do not plan to close the park.

Still, the order reignites a long-standing rift between some riders - who feel they have to bite and claw for access to public lands - and some environmentalists, who worry what spinning tires and torn-up trails mean for natural resources and sensitive species.

Skip Horne, who managed a store at the 1,500-acre Carnegie park for 22 years, comes down squarely on the side of the riders.

"This is ridiculous," said Horne, now a promoter handling this weekend's event. "In the springtime and in the winter, I'd go to the creek when it would come up, and I'd just sit there and look at it. There were tadpoles in there. And if there was enough water, some frogs. I can't say I've ever seen a fish in there."

The Public Employees for Environmental Responsibility and the California Sportfishing Protection Alliance filed suit earlier this month, claiming that when the creek is running, the water enters the park clear and leaves a chocolate brown.

Vehicles sometimes plunge right through the creek. A consultant for the protestors reported finding high levels of metals such as aluminum, copper, iron and lead downstream - but not upstream - of the park.

Carnegie needs a permit under state water law, said Bill Jennings, Stockton-based director of the sportfishing alliance.

"Basically, we're saying there are laws, and the department of parks is not above the law," Jennings said.

Evidently, Alameda County Superior Court Judge Frank Roesch agreed. Last week, he ordered the park to get a permit or to prove at a December hearing why it should not have to comply with his order.

A permit could include new requirements, such as improved erosion control and construction of larger ponds to capture sediment runoff, Jennings said.

To be fair, the creek and its contaminants do not go far. Only in very wet years does the channel reach the degrading Delta. Often it is completely dry.

No matter, Jennings said. The law is the law.

"We have no opinion on off-road activities," he said. "What we do say is they have a responsibility to control the adverse impacts."

Parks spokeswoman Sheryl Watson said a written response to the judge is due Oct. 27.

"We do care about the water quality in this creek, and we have taken steps since we acquired the property to minimize sedimentation," she said.

Don Amador, an advocate for access to public lands and representative of the BlueRibbon Coalition, said Carnegie draws riders from throughout the Central Valley and the Bay Area. Environmentalists have also challenged riders' access to national forestlands throughout California, Amador said.

"If they would come out with legitimate concerns and work together with us, that would be far more effective than filing lawsuits," he said.

Contact reporter Alex Breitler at (209) 546-8295 or abreitler@recordnet.com.

Personally I'm getting curious where all this metal stuff is coming from, again I just may go up there and bring my Gold pan, well you never know with Gold up around a Grand an oz...TJ:p
 

TomJeeps

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CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
CENTRAL VALLEY REGION
CLEANUP AND ABATEMENT ORDER NO. R5-2008-0713
FOR
STATE OF CALIFORNIA, DEPARTMENT OF PARKS AND RECREATION
AND
SAN FRANCISO PUBLIC UTILITIES COMMISSION, HETCH HETCHY WATER AND POWER
MITCHELL RAVINE
ALAMEDA COUNTY
This Order is issued to the State of California, Department of Parks and Recreation and the San
Francisco Public Utilities Commission, Hetch Hetchy Water and Power based on provisions of
California Water Code (CWC) section 13304, which authorizes the Regional Water Quality
Control Board, Central Valley Region, (hereafter Central Valley Water Board) to issue a
Cleanup and Abatement Order (CAO), and CWC section 13267, which authorizes the Central
Valley Water Board to require the submittal of technical reports.
The Executive Officer of the Central Valley Water Board finds, with respect to the Discharger’s
acts, or failure to act, the following:
1. The California Department of Parks and Recreation (State Parks) is owner of the Carnegie
State Vehicular Recreation Area (SVRA) in Alameda County. Hetch Hetchy Water and
Power, a department of the San Francisco Public Utilities Commission, has an easement
through a portion of the Carnegie SVRA property.
2. For purposes of this Order, Hetch Hetchy Water and Power is considered primarily
responsible for cleanup activities. This is due to the fact that it implemented the
construction activities that led to the water quality concerns described herein, and these
activities occurred on an easement owned by Hetch Hetchy Water and Power. State
Parks is named in this Order due to its ownership of the land upon which the construction
activities took place. Both may be considered Dischargers pursuant to the CWC.
3. Mitchell Ravine is a watershed within the Carnegie SVRA. Mitchell Ravine is tributary to
Corral Hollow Creek and the Sacramento-San Joaquin River Delta, a water of the US.
4. The Discharger has an easement parallel to Mitchell Ravine that allows the Discharger to
service a water tunnel shaft and allows it to conduct general road maintenance. In June
2008, the Discharger graded about 2.5 acres of Mitchell Ravine, purportedly to maintain
the road. The grading activities significantly impacted Mitchell Ravine and the biological
resources in the area. The grading activities have created conditions, which if unabated,
will move a significant amount of sediment downstream and impact water quality in lower
Mitchell Ravine and Corral Hollow Creek.
5. The grading occurred on two parcels with the following Assessor’s Parcel Numbers: APN
099A-2220-001-19 in Section 30, T3S, R4E, MDB&M and APN 099A-2200-001-036 and -
37 in Section 31, TS, R4E, MDB&M.
CLEANUP AND ABATEMENT ORDER NO. R5-2008-0713
HETCH HETCHY WATER AND POWER
MITCHELL RAVINE
ALAMEDA COUNTY
-2-
6. On 30 June 2008, staff from State Parks inspected the site and observed heavy
equipment grading in and around Mitchell Ravine. This grading activity took place without
prior notification to State Parks. State Parks also determined that the Discharger failed to
obtain the necessary permits or provide adequate notification to federal or state resource
agencies. State Parks staff wrote an Engineering Incident Report in July 2008 regarding
this incident (found as Attachment A, a part of this Order).
7. On 4 September 2008, Department of Fish and Game staff met with staff from State Parks
and the Discharger to discuss the grading activities at Mitchell Ravine. Department of Fish
and Game staff requested the Discharger submit a streambed alteration permit application
and both short-term and long-term stabilization plans for the site.
8. On 15 September 2008, Central Valley Water Board staff inspected the construction
activities at Mitchell Ravine. Staff identified that construction activity, including clearing
and grading, had occurred at that location in violation of state and federal laws. Both the
CWC and the federal Clean Water Act require coverage under the Construction Storm
Water General Permit for construction activities where there is grading of over an acre.
Staff took photographs of the site and wrote an inspection report (found as Attachment B,
a part of this Order).
9. On 17 September 2008, staff from Department of Fish and Game and the US Fish and
Wildlife Service met with the Discharger and State Parks at the site to assess impacts to
listed species and habitat. US Fish and Wildlife Service requested that the Discharger and
State Parks have their hydrologists assess the site and make recommendations for
immediate temporary stabilization of the site.
10. On 22 September 2008, Central Valley Water Board staff issued a Notice of
Noncompliance (NONC) to the Discharger and State Parks for failure to comply with the
CWC and the federal Clean Water Act (found as Attachment C, a part of this Order). The
following violations were cited:
Failure to obtain coverage under the Construction Storm Water General Permit for
clearing, grading, and excavation results in land disturbance of one or more acres.
Violation of CWC section 13376, which requires that any person proposing to discharge
pollutants or dredged or fill material into waters of the state to submit a report of waste
discharge pursuant to CWC section 13260 prior to such discharge.
The NONC required the Discharger to file a Notice of Intent requesting coverage under the
Construction Storm Water General Permit, submit a Storm Water Pollution Prevention Plan
(SWPPP) and submit a Section 401 Water Quality Certification application no later than 22
October 2008. The documents have not yet been submitted.
11. On 9 October 2008, Central Valley Water Board staff met with Department of Fish and
Game, US Fish and Wildlife Service, and State Parks to address the grading done at the
Mitchell Ravine road. During the meeting, the agencies discussed the impacts to Mitchell
CLEANUP AND ABATEMENT ORDER NO. R5-2008-0713
HETCH HETCHY WATER AND POWER
MITCHELL RAVINE
ALAMEDA COUNTY
-3-
Ravine and possible remedies to protect both water quality and biological resources. All
agencies agreed that the Discharger’s maintenance activities impacted biological
resources and has potentially impacted water quality in the work area. In addition, the
Discharger’s grading will create significant impacts to the resources downstream of the
impacted zone if soil stabilization measures are not put in place to stabilize the disturbed
soil. This is a significant issue because of the steep gradient of the stream channel and
the type of rock and soil in the area, as well as the fact that wetlands exist a few miles
downstream. Both immediate temporary stabilization measures are required to protect the
site during the upcoming wet-season, and more permanent measures are required to
protect the area in the long-term.
12. On 10 October 2008, the Discharger emailed a draft SWPPP to the agencies for review.
The Discharger stated that the draft SWPPP was for “short term erosion control.” Central
Valley Water Board staff has reviewed the SWPPP and has found it to be inadequate.
The SWPPP does not meet the requirements of Construction Storm Water General
Permit. Specifically, the Best Management Practices (BMPs) do not meet the Best
Available Technology standard required by the Permit, as it does not include a
combination of erosion and sediment control BMPs. The Discharger must revise the
SWPPP to meet the conditions of the Permit and to adequately protect water quality. The
Discharger must also immediately implement the revised SWPPP.
13. The Discharger’s activities have impacted Mitchell Ravine. These impacts will accelerate if
the site is not immediately stabilized and a long-term solution to the down-slope sediment
migration is not implemented.
REGULATORY CONSIDERATIONS
14. The Discharger, by failing to file for the proper permits prior to grading activities and not
stabilizing the site after the activities occurred, has caused or permitted, or threatens to
cause or permit, waste to be discharged in such a manner that it threatens to cause or
create a condition of pollution or nuisance. Therefore, the Discharger is subject to this
Order pursuant to CWC section 13304.
15. The Water Quality Control Plan for the Sacramento River and San Joaquin River Basins,
Fourth Edition, (hereafter Basin Plan) designates beneficial uses, establishes water quality
objectives, contains implementation plans and policies for protecting waters of the basin,
and incorporates by reference plans and policies adopted by the State Water Board.
16. Surface water drainage at the site is to Corral Hollow Creek, which flows into the
Sacramento-San Joaquin River Delta. The beneficial uses of the Delta are municipal and
domestic supply; agricultural supply; industrial supply; water contact recreation; noncontact
water recreation; warm and cold freshwater habitat; warm and cold migration of
aquatic organisms; spawning, reproduction, and/or early development; wildlife habitat; and
navigation.
CLEANUP AND ABATEMENT ORDER NO. R5-2008-0713
HETCH HETCHY WATER AND POWER
MITCHELL RAVINE
ALAMEDA COUNTY
-4-
17. CWC section 13304(a) provides that: “Any person who has discharged or discharges
waste into the waters of this state in violation of any waste discharge requirement or other
order or prohibition issued by a regional board or the state board, or who has caused or
permitted, causes or permits, or threatens to cause or permit any waste to be discharged
or deposited where it is, or probably will be, discharged into the waters of the state and
creates, or threatens to create, a condition of pollution or nuisance, shall upon order of the
regional board, clean up the waste or abate the effects of the waste, or, in the case of
threatened pollution or nuisance, take other necessary remedial action, including, but not
limited to, overseeing cleanup and abatement efforts. A cleanup and abatement order
issued by the state board or a regional board may require the provision of, or payment for,
uninterrupted replacement water service, which may include wellhead treatment, to each
affected public water supplier or private well owner. Upon failure of any person to comply
with the cleanup or abatement order, the Attorney General, at the request of the board,
shall petition the superior court for that county for the issuance of an injunction requiring
the person to comply with the order. In the suit, the court shall have jurisdiction to grant a
prohibitory or mandatory injunction, either preliminary or permanent, as the facts may
warrant.”
18. CWC section 13267(b) provides that: “In conducting an investigation specified in
subdivision (a), the regional board may require that any person who has discharged,
discharges, or is suspected of having discharged or discharging, or who proposes to
discharge waste within its region, or any citizen or domiciliary, or political agency or entity
of this state who has discharged, discharges, or is suspected of having discharged or
discharging, or who proposes to discharge, waste outside of its region that could affect the
quality of waters within its region shall furnish, under penalty of perjury, technical or
monitoring program reports which the regional board requires. The burden, including
costs, of these reports shall bear a reasonable relationship to the need for the report and
the benefits to be obtained from the reports. In requiring those reports, the regional board
shall provide the person with a written explanation with regard to the need for the reports,
and shall identify the evidence that supports requiring that person to provide the reports.”
19. The technical reports required by this Order are necessary to ensure compliance with this
CAO and to ensure the protection of water quality. The Discharger’s actions created the
conditions which have led to issuance of this Order.
20. The issuance of this Order is an enforcement action taken by a regulatory agency and is
exempt from the provisions of the California Environmental Quality Act, pursuant to
California Code of Regulations, title 14, section 15321(a)(2).
IT IS HEREBY ORDERED that, pursuant to CWC sections 13304 and 13267, Hetch Hetchy
Water and Power shall cleanup and abate the impacts to Mitchell Ravine caused by its June
2008 grading actions in accordance with the scope and schedule set forth below.
Any person signing a document submitted under this Order shall make the following
certification:
CLEANUP AND ABATEMENT ORDER NO. R5-2008-0713
HETCH HETCHY WATER AND POWER
MITCHELL RAVINE
ALAMEDA COUNTY
-5-
“I certify under penalty of law that I have personally examined and am familiar with the
information submitted in this document and all attachments and that, based on my
knowledge and on my inquiry of those individuals immediately responsible for obtaining the
information, I believe that the information is true, accurate, and complete. I am aware that
there are significant penalties for submitting false information, including the possibility of
fine and imprisonment.”
1. Effective immediately, and continuing until this Order is rescinded, the Discharger shall
submit monitoring reports prior to and after any rain events. These reports will be submitted
monthly by the 10th day of the following month (e.g. the October monthly report is due by
10 November). These reports must include the results of site monitoring, as required by the
Construction Storm Water General Permit, in the form of both written inspection reports and
photographs.
2. As soon as possible, but in no event later than 27 October 2008, the Discharger shall file a
Notice of Intent requesting coverage under the Construction Storm Water General Permit
and submit a Section 401 Water Quality Certification application.
3. As soon as possible, but in no event later than 27 October 2008, the Discharger shall
submit a revised SWPPP in compliance with the Construction Storm Water General Permit.
The revised SWPPP shall include a short-term stabilization plan for the site. This plan must
include full stabilization of both the roadway and the creek channel in areas that were
impacted by the June 2008 grading event. In addition, the plan must address how the
installed erosion and sediment control BMPs will be maintained and upgraded if necessary
during the upcoming wet season.
4. The revised SWPPP shall be implemented as soon as possible after approval by Central
Valley Water Board staff, and in a time period to ensure compliance with Item No. 5, below.
5. By 20 November 2008, the Discharger shall submit a report showing that all erosion and
sediment control BMPs installed throughout the impacted areas. Prior to implementation of
the BMPs, the Discharger must receive approval from all of the resource agencies noted
below. All erosion and sediment control BMPs must be wildlife friendly and not create
entrapment issues.
6. By 15 December 2008, the Discharger shall submit a long-term stabilization plan, which
includes long-term stabilization of the rock and sediment that is migrating downstream in the
watercourse as a result of the June 2008 grading event. The plan must clearly describe the
permits that will be needed from the resources agencies noted below and the timeline for the
Discharger to submit permit applications in time to receive the permits in time to comply with
Item No. 8.
7. The long term stabilization plan shall be implemented as soon as possible after approval by
Central Valley Water Board staff and after all necessary permits have been obtained, and in
CLEANUP AND ABATEMENT ORDER NO. R5-2008-0713
HETCH HETCHY WATER AND POWER
MITCHELL RAVINE
ALAMEDA COUNTY
-6-
a time period to ensure compliance with Item No. 8, below.
8. By 15 September 2009, the Discharger shall fully implement the approved long term
stabilization plan, and by 20 September 2009, shall submit a report documenting that the
approved stabilization plan has been fully implemented.
9. The Discharger must submit all required reports and permit applications to the resource
agencies, including at a minimum, the California Department of Fish and Game, US Fish
and Wildlife Service, US Army Corps of Engineers, and State Parks.
10. Should Hetch Hetchy Water and Power fail to comply with this Order, then the Executive
Officer may notify State Parks that they must take all actions necessary to come into
compliance with the Order within 30 days of receipt of this notification. Such notification
would not to shield Hetch Hetchy Water from any enforcement action that may be brought
against it by the State or Regional Water Boards for failure to comply with the terms of this
Order, or any action for contribution brought by State Parks to recover costs incurred
pursuant to this Order. Enforcement actions that may be initiated by the Central Valley
Water Board include the issuance of Administrative Civil Liability penalties for failure to
comply with the deadlines specified herein.
11. The Discharger shall comply with all applicable provisions of the California Water Code that
are not specifically referred to in this Order. As required by the California Business and
Professions Code sections 6735, 7835, and 7835.1, all reports shall be prepared by, or
under the supervision of, a California Registered Engineer or Professional Geologist and
signed by the registered professional.
Any person aggrieved by this action of the Central Valley Water Board may petition the State
Water Board to review the action in accordance with CWC 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 this Order, except that if the thirtieth day
following the date of this Order 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. Copes of the law
and regulations applicable to filing petitions may be found on the Internet at:
http://www.waterboards.ca.gov/public_notices/petitions/water_quality or will be provided upon
request.
If, in the opinion of the Executive Officer, the Discharger fails to comply with the provisions of
this Order, the Executive Officer may refer this matter to the Attorney General for judicial
enforcement or may issue a complaint for administrative civil liability.
Failure to comply with this Order may result in the assessment of an Administrative Civil Liability
of up to $10,000 per violation per day, pursuant to the CWC sections 13268, 13350, and/or
13385. The Central Valley Water Board reserves its right to take any enforcement actions
authorized by law.
CLEANUP AND ABATEMENT ORDER NO. R5-2008-0713
HETCH HETCHY WATER AND POWER
MITCHELL RAVINE
ALAMEDA COUNTY
-7-
This Order is effective upon the date of signature.
PAMELA C. CREEDON, Executive Officer
15 October 2008
(Date)
Attachment A: State Parks Engineering Incident Report
Attachment B: Central Valley Water Board staff inspection report
Attachment C: 28 September 2008 Notice of Non Compliance
RWM: 14-Oct-08

Burp" Found this on the Internet, looks to me like what where doing to manage the sport is worse that the sport, perhaps they should just let us ride..TJ:p
 

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Vtr_Racing

Well-Known Member
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Do we have ANY PEER supporters or members around here? If so, stand up and be counted.
 

TomJeeps

Well-Known Member
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Are you arguing for never opining the place again, go read the only action on record against this S.V.R.A. that I could find at least, the S.V.R.A. does not operate under permit it operates under regulations. Also suggest any real problems are do to their overabundance of equipment overworking or should I say over managing the land. Their saying the S.V.R.A. is releasing dirty water, I'm suggesting if true it's do to over management not our use of the S.V.R.A. very large events or heavy work need permits, day to day use historically has not.

Whats ashame is there's enough equipment there to manage all the Forest in the surrounding area, what the Staff at Carnegie should do is hook up with all the local Volunteer groups. Last year all the arguments were about loosing our OHV money, that there was over 30 Million in shovel ready or in this case blade ready projects needing to be done. Division Staff rather than trying to justify their existence by overworking their small peace of land, should spread out and find real projects out there that need to be done.

Interesting prospective, by someone who says don't buy this permit thing...TJ:p
 

TomJeeps

Well-Known Member
Posts
629
Reaction
34
Do we have ANY PEER supporters or members around here? If so, stand up and be counted.

Funny thing, have not heard a Peep out of PEER, Org's or Agency's about this since this issue came out, suggesting less Government could help the Environment how could we...TJ:rolleyes:
 
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