Fred
Yeager By
letter & e-mail
Placer
County Planning Department August
19, 2002
11414
B Street, Auburn, CA 95603
Dear
Mr. Yeager:
I
am writing to comment on the "Martis Valley Community Plan DEIR,"
which I understand will control development of land south and east of Martis
Lake over the next decade. My source of
information is: http://www.placer.ca.gov/planning/martis-vcp/martis-vcp-deir-toc.htm.
California Trout, with some 5000 members, feels it is necessary to comment on the important role of Martis Lake as a sportsfishery. This Lake is a destination fishing site for anglers within California and for tourists visiting the Tahoe area. Our organization, along with several other fishing organizations, fought for many long years to obtain the special regulations currently in force that make this Lake such a choice destination. Our initial examination of the DEIR will leave this major fishing resource severely threatened on at least two major issues.
One major concern will simply be the amount of runoff that is likely to contain sediment, fertilizer, and pesticides. We find the discussion of such issues to be inadequate in the DEIR and clearly in need of major revision.
A second major concern will be the tapping of
groundwater for water supplies to the new development. Again we find the discussion of this issue
inadequate and in need of revision. In
particular a reduced flow into the inlet strains of the Lake may in and of
itself lead to deterioration of spawning conditions in those strains, a
situation that could only be made worse by the fact that runoff into the
strains would likely include large amounts of sediment, pesticide, and
fertilizer residue.
We will provide detailed comments on these issues in the attachment. We would like to be kept informed of progress on this plan.
Sincerely,
Jerome
Yesavage
Governor
California
Trout http://www.caltrout.org/
827
Santa Fe Avenue
Stanford,
California 94305
Internet E-Mail: yesavage@stanford.edu
URL:
http://www.stanford.edu/people/yesavage
Voice:
650-858-1365 Fax: 650-493-1740 eFax: 707 897-1414
One major concern will simply be the amount of runoff
that is likely to contain sediment, fertilizer, and pesticides. We find the discussion of such issues to be
inadequate in the DEIR and clearly in need of major revision.
Impact 4.7.2: Operational Surface Water Quality Impacts: "Implementation of the Proposed Land Use Diagram could result in direct and indirect surface water quality impacts from operation of various land uses in the Plan area.
Mitigation Measure 4.7.2 a: The County shall require that each subsequent project develop a surface water quality control program to be incorporated into the project's storm water drainage system design. This program would specify the design of plan to water quality facilities to be used in the project's drainage system, including details and methods for intercepting and improving surface water quality as well as maintenance of facilities. The water quality control features should shall demonstrate that the water quality controls will ensure no increase in sediment or other pollutants loads in waterways and that storm water discharges are in compliance with all current requirements of the Lahontan Regional Water Quality Control Board (LRWQCB).
California Trout Comment: The basic concern of California Trout is
that the new construction will increase the load of fertilizer (nitrates) into
the Lake and increase the likelihood of an algae bloom and fish kill. A secondary concern is that increased
fertilizer load will result kill insect populations in the stream and lake upon
which the fish depend for feed.
1. Regarding algae bloom and fish kill, the facts have been known for some time. Basically fish like humans need oxygen to breathe, nutrients (primarily nitrogen and phosphorus) are necessary for plant growth and are commonly found in fertilizers used on home and golf course lawns. An excess of these nutrients, combined with enough light and warm, slow-moving, and poorly-mixed water, can result in an excess production of algae. This leads to the death of fish because the algae in the water consume so much of the oxygen the fish have none to breathe. These extra nutrients may come from point sources such as waste water treatment plant discharges and nonpoint sources such as agricultural activities, gold courses and urban runoff. More detailed facts on this can be found at the Ecological Society of America’s website: (http://esa.sdsc.edu/).
2. This problem has led to major kills on
bodies of waters as large as Chesapeake Bay, but more commonly is found in
smaller lakes and ponds, especially in the summer. Martis Lake would become a prime target for this problem if all
the fertilizer runoff from 7000 homes and several golf courses were directed
down the Creek.
3. The DEIR proposed Mitigation states that a plan will be developed to deal with this an other water quality problems and that all requirements of the Lahontan Regional Water Quality Control Board (LRWCB) will be met. We emphasize that such plans must be comprehensive and that there is considerable amount of public information available regarding the details of requirements, especially for golf courses. See for example the Stormwater Manager’s Resource Center (http://www.stormwatercenter.net/) from the Center for Watershed Protection that provides local governments, activists, and watershed organizations around the country with the technical tools for protecting streams, lakes and rivers.
A partial listing of issues to be considered for golf courses includes:
· At least a 100’ vegetated buffer separating fairways from streams and especially avoiding fairways that cross streams.
· All wetlands protected by extra buffer.
· Use of “underdrains” or sand mixtures with pipes in them to remove especially problematic chemicals from relatively heavily contaminated greens.
· Use of isolated landscape depressions to receive such material from greens so that it is not released into the Creek.
4. California Trout is also concern that LRWQCB’s policy in this area may be inadequate. In particular we feel that scrutiny must be applied to the granting of "fair use" exceptions to the buffer zones. Care must be taken to ensure that wholesale use of exceptions does not weaken the use of proper buffer zones.
5. Regarding home lawns, the EPA estimates that 20-40% of homeowners apply fertilizer and pesticides. This could be a substantial load for the Creek if all storm water drains into the Creek. Expert consultation will be required to determine if a solution is possible to this problem. One possible scenario would be directing storm water below the dam rather than into the Lake.
6. Another concern we have is that a state-of-the-art monitoring program be established for detection of pesticides and fertilizer residues and the Lake. Our understanding is that currently the only standards that are available for application apply to the junction of the Truckee River and Martis Creek. This does not cover our main area of concern Martis Lake itself.
7. A final concern we have is that a monitoring program be developed for the spawning areas of Martis Creek. This Creek allows wild fish from the Lake to reproduce. Anglers in California place a high premium on wild fish and this is one aspect of the Lake that draws anglers from far and wide. It may be necessary to consult expert to develop a plan to avoid sedimentation from covering the gravel required for successful spawning. This could involve several different engineering techniques that have been applied to other streams. In any case, increased sediment in the stream must be monitored and avoided at all costs.
A second major concern will be the tapping of
groundwater for water supplies to the new development. Again we find the discussion of this issue
inadequate and in need of revision. In
particular a reduced flow into the inlet strains of the Lake may in and of
itself lead to deterioration of spawning conditions in those strains, a
situation that could only be made worse by the fact that runoff into the
strains would likely include large amounts of sediment, pesticide, and
fertilizer residue.
Impact 4.7.5: Increased Groundwater Impacts: "Implementation of land uses under the Proposed Land Use Diagram would increased groundwater usage in Martis Valley, which could adversely impact groundwater resources as well as interactions between groundwater and surface water."
Mitigation Measure 4.7.5: "The County, in coordination with the Placer County Water Agency in the Northstar Community Services District, shall require that proponents of new development and demonstrate that knew well facilities or expanded operation of existing well facilities will be in compliance with Section 204 c 1 (B) of P.L. 101-618 and/or any subsequent standard set forth in the Truckee River Operation Agreement that requires that the placement be designed to avoid substantial effects to surface water flows or conditions. Well test, identification of setbacks from waterway, appropriate hydrologic testing and/or reports from qualified professionals shall be provided verifying that no substantial impact to surface waters will occur.
California Trout
Comment:
1. The basic concern of California Trout is
that the proposed estimate of groundwater use should be independently
verified. According to the figures
provided in the DEIR by Nimbus Engineers 17,000 acre-feet are estimated to be
currently available per year in Martis Valley, taking into consideration
current use. Assuming that an additional
7000 households will be added to this demand and that each will use
approximately 1 acre foot per year this leaves and reserve of 10,000 acre-feet
per year. However, the use planned for
the additional golf courses has not been added to this demand. The importance of these estimates is crucial
to ensuring continued flow and Martis Creek.
If the estimates are overgenerous by a factor of 2, flow in the Creek
could be impacted with resulting deterioration of fishing habitat through a
reduction in the spawning territory available in the Creek as well as potential
concentration of nitrates and pesticides in the Lake. Furthermore, an inaccurate estimate of water available to be
pumped may impact the total amount of water that could be drawn from the
Truckee system. This would have
implications for the Truckee River Operation Agreement that covering that system, i.e. if this water
was not available, from where would it be drawn? Therefore, we ask for an independent review of these crucial
figures by an independent Engineering firm.
2. The actions of the LRWQCB play a major role in the overall success in protecting public trust resources such as fish. Appropriately, California’s most prominent ecosystem protection statute, the California Environmental Quality Act (CEQA), contains specific measurability requirements. To mitigate for adverse environmental impacts associated with the use of California natural resources, CEQA requires the implementation of mitigation measures. CEQA mandates that such measures are to avoid being “arbitrary or capricious” by being fully enforceable. Thus we ask that the flows into the Creek and Lake be fully monitored as part of a mitigation plan.
3. It cannot be stated that this is “just a little creek” and fishing rights do no exist on it. In exercising its governing authority the State has a continuing responsible to exercise supervision of public trust property.[1]
"In
our opinion, the core of the public trust doctrine is the state's authority as
sovereign to exercise continuous supervision and control over the navigable
waters of the state and lands underlying those waters. This authority applies to the waters
tributary to Mono Lake and bars DWP[2]
or any other party from claiming a vested right to divert waters once it becomes
clear that such diversions harm the interests protected by the public
trust." (supra, pages 425-426)
"Thus, the
public trust is more than a affirmation of state power to use public property
for public purposes. It is an
affirmation of the duty of the state to protect the people's common heritage of
streams, lakes, marshlands and tidelands, surrendering that right of protection
only in rare cases when the abandonment of the right is consistent with the
purposes of the trust." (supra,
page 441)
In terms of the Truckee River and its tributaries,
the State's continuing public trust responsibility is not dependent on
navigability but applies to all waters, including Martis Creek.[3]
DFG Section 5937 and 5946 are formal Legislative
recognitions of the State’s public trust interest in its fisheries. The
public trust doctrine, its responsibility and authority was vested in the State
of California upon admission to the Union.[4] The State's fishery resources are owned by
the public and are held in trust by the sovereign for the common benefit of the
public.[5]
The State holds title to its running waters in the public trust.[6]
Thus, California Trout argues that mitigation of this development must include a major effort at preserving the fishery along Martis Creek including a substantial effort in planning and specific construction techniques to reduce the impact of the additional golf courses and housing proposed as well as an independent assessment of the flow projections made in the DEIR.
Fred
Yeager By
letter & e-mail
Placer
County Planning Department August
19, 2002
11414
B Street, Auburn, CA 95603
Dear
Mr. Yeager:
I
am writing to add a supplementary comment on the "Martis Valley Community
Plan DEIR," which I understand will control development of land south and
east of Martis Lake over the next decade.
My source of information is: http://www.placer.ca.gov/planning/martis-vcp/martis-vcp-deir-toc.htm. In addition, on advice of staff, I visited
the site on August 11, 2002.
We will provide detailed comments on these issues in the attachment. We would like to be kept informed of progress on this plan.
Sincerely,
Jerome
Yesavage
Governor
California
Trout http://www.caltrout.org/
827
Santa Fe Avenue
Stanford,
California 94305
Internet E-Mail: yesavage@stanford.edu
URL:
http://www.stanford.edu/people/yesavage
Voice:
650-858-1365 Fax: 650-493-1740 eFax: 707 897-1414
One major concern is that the cumulative impacts of the
development on the fragile Martis Creek will be extremely sever due to its
small size and flow.
Impact 4.7.2: Operational Surface Water Quality Impacts: "Implementation of the Proposed Land Use Diagram could result in direct and indirect surface water quality impacts from operation of various land uses in the Plan area.
This may also impact 4.7.7 on cumulative surface water
effects.
Mitigation Measure 4.7.2 a: The County shall require that each subsequent project develop a surface water quality control program to be incorporated into the project's storm water drainage system design. This program would specify the design of plan to water quality facilities to be used in the project's drainage system, including details and methods for intercepting and improving surface water quality as well as maintenance of facilities. The water quality control features should shall demonstrate that the water quality controls will ensure no increase in sediment or other pollutants loads in waterways and that storm water discharges are in compliance with all current requirements of the Lahontan Regional Water Quality Control Board (LRWQCB).
California Trout
Additional Comment: The
basic concern of California Trout is that the new construction will increase
the load of fertilizer (nitrates) into the Lake and increase the likelihood of an
algae bloom and fish kill. A secondary
concern is that increased fertilizer load will result kill insect populations
in the stream and lake upon which the fish depend for feed. Finally, sediment load will ruin spawning
areas.
These concerns are now emphasized due to our understanding of the very small size of the Creek and low summer flows. The following pages show some photos of the Creek taken on August 12, 2002. The photos were taken at the observation point above the Highway 267 overcrossing. As one can see it is at that point a Creek of less that 5 feet in breath and the flow is less than 5 cfs.
The pollutant loads that would be developed, especially in summer, in this small creek would no doubt overwhelm its ecology. Our position is that even though this is a small Creek it is the major tributary to Martis Lake and its destruction would severely impact that fishery.
Overview from Highway 267 looking upstream.
#1: Creek Upstream #2: Creek Downstream