Monthly Archive for January, 2010

On USGS-Treated Surface Water and Aquifer Recharge

We are sinking. Neighbors noticing door frame cracks appearing and spreading.
Neighborhood near the police station – one mile downstream from the City well.
Alan
I very much agree with this assessment. And it’s especially true in an area where there is already so much underground contamination from poor waste disposal practices — on farms, at gas stations and repair shops, dry cleaners — you name it!
And this is what SCWA wants to do in the Santa Rosa Plain. We will need Mr Iversen’s information when it can be put before a groundwater management stakeholder’s panel for the Santa Rosa Plain.
Jane
This idea of “ground water banking” is a really bad idea. I don’t have enough time to write about it right now, but trust me, I will. Many aquifers have been destroyed for all time by this foolish irresponsible activity. What it does do is make a lot of money for well drillers, trucking companies, contractors, and creates waste water engineering jobs. It also is an un-scientific and unpredictable degradation of the useful waters of the State of California. The current primitive method of “studying” the feasibility does great damage. Any time the earth is perforated, water is injected, and then withdrawn, whether for testing purposes or otherwise, damage is done. Unfortunately the methods used today are antiquated and un-scientific. The complete inability of engineers to comprehensively model, predict, analyze, collect accurate information, or guarantee the results of any “ground water banking” or ASR (aquifer storage and recovery) project speaks volumes about the unsound nature of the activity. There is so much money in this activity that there actually ASR organizations and clubs. There have been some success stories. But do the hours or research and read all the documents. I have seen many of these types of projects go really badly, and then there is no accountability. Anyone can punch some holes in the earth and start fooling around according to some engineering plans, but once the damage is done it can’t be reversed. I have sat on panels and questioned engineers and scientists. They just can’t answer the hard questions. This is why so many water wells have been permanently destroyed from this type of activity. Once an aquifer is disturbed and contaminated (note:
clean water can destroy an aquifer quite easily) it probably will never be the same again no matter how much money is spent or what is attempted to correct the mistake. I have also read the documents and followed the progress of attempts to correct contamination of aquifers. I have yet to see success on the scale that we are talking about here when things go wrong.
Lloyd
I believe that the SCWA’s proposal of “groundwater banking” is to use “excess” Russian River Water in the winter – the same water that goes down the pipeline now as potable water – to replenish the groundwater. They are doing a feasibility study in Sonoma Valley and I believe, Santa Rosa Plains as well. As of before Christmas they were looking at companies to do the study. It sounds like they are looking how best to do this with the right location, whether to spread it or sink it with a well or what… One of my concerns is the rights and effect of taking it out again.
It is something to watch.
Kathy
Surface Water and Aquifer Recharge
This went around back in 03. It is specifically about “treated surface water”?? I just found it again and based on the fact that one of the Key 12 strategies that SCWA is considering is groundwater injection of “excess” Russian River water – I thought that some would find this of interest? Obviously, what process and disinfection treatment methods that would be proposed by SCWA to ‘protect’ groundwater will be a core part of this discussion – so hopefully THM’s won’t be part of the cocktail??!!
Brock

We are sinking. Neighbors noticing door frame cracks appearing and spreading.
Neighborhood near the police station – one mile downstream from the City well.

Alan

I very much agree with this assessment. And it’s especially true in an area where there is already so much underground contamination from poor waste disposal practices — on farms, at gas stations and repair shops, dry cleaners — you name it!

And this is what SCWA wants to do in the Santa Rosa Plain. We will need Mr Iversen’s information when it can be put before a groundwater management stakeholder’s panel for the Santa Rosa Plain.

Jane

This idea of “ground water banking” is a really bad idea. I don’t have enough time to write about it right now, but trust me, I will. Many aquifers have been destroyed for all time by this foolish irresponsible activity. What it does do is make a lot of money for well drillers, trucking companies, contractors, and creates waste water engineering jobs. It also is an un-scientific and unpredictable degradation of the useful waters of the State of California. The current primitive method of “studying” the feasibility does great damage. Any time the earth is perforated, water is injected, and then withdrawn, whether for testing purposes or otherwise, damage is done. Unfortunately the methods used today are antiquated and un-scientific. The complete inability of engineers to comprehensively model, predict, analyze, collect accurate information, or guarantee the results of any “ground water banking” or ASR (aquifer storage and recovery) project speaks volumes about the unsound nature of the activity. There is so much money in this activity that there actually ASR organizations and clubs. There have been some success stories. But do the hours or research and read all the documents. I have seen many of these types of projects go really badly, and then there is no accountability. Anyone can punch some holes in the earth and start fooling around according to some engineering plans, but once the damage is done it can’t be reversed. I have sat on panels and questioned engineers and scientists. They just can’t answer the hard questions. This is why so many water wells have been permanently destroyed from this type of activity. Once an aquifer is disturbed and contaminated (note:clean water can destroy an aquifer quite easily) it probably will never be the same again no matter how much money is spent or what is attempted to correct the mistake. I have also read the documents and followed the progress of attempts to correct contamination of aquifers. I have yet to see success on the scale that we are talking about here when things go wrong.
I believe that the SCWA’s proposal of “groundwater banking” is to use “excess” Russian River Water in the winter – the same water that goes down the pipeline now as potable water – to replenish the groundwater. They are doing a feasibility study in Sonoma Valley and I believe, Santa Rosa Plains as well. As of before Christmas they were looking at companies to do the study. It sounds like they are looking how best to do this with the right location, whether to spread it or sink it with a well or what… One of my concerns is the rights and effect of taking it out again.
It is something to watch.

Kathy

USGS-Treated Surface Water and Aquifer Recharge
This went around back in 03. It is specifically about “treated surface water”?? I just found it again and based on the fact that one of the Key 12 strategies that SCWA is considering is groundwater injection of “excess” Russian River water – I thought that some would find this of interest? Obviously, what process and disinfection treatment methods that would be proposed by SCWA to ‘protect’ groundwater will be a core part of this discussion – so hopefully THM’s won’t be part of the cocktail??!!

Brock
Study finds underground water storage may alter ground-water quality, when treated surface water was used to recharge the aquifer As alternative approaches to increasing water supply and availability in southern California, such as injecting and storing treated water underground are explored, water managers need to be aware of potential impacts on water quality, according to a new study by the U.S. Geological Survey (USGS).
The USGS study of a test site in the Antelope Valley of southern California, near Lancaster, found that when treated surface water was used to recharge the aquifer, by-products of the water disinfection process accumulated in the aquifer. These by products include trihalomethanes (THMs), which have been listed as carcinogenic by U.S. Environmental Protection Agency (EPA).

“Injection, storage, and recovery projects that integrate surface-water and ground-water supplies are rapidly becoming important parts of California’s water-supply system,” said USGS scientist Miranda Fram, lead author of the study, “However, this study demonstrates that these projects may alter ground-water quality, and thus, potentially may affect the future usability of the water for some purposes.”

The USGS study, in cooperation with the Los Angeles County Department of Public Works and the Antelope Valley-East Kern Water Agency, examined the water quality effects of an injection, storage, and recovery test cycle, with a particular emphasis on the formation and fate of THMs.

The study found that THMs continued to form in the aquifer until the residual disinfectant (chlorine) present in the injected surface water was used up, and that bacteria in the aquifer would not consume significant amounts of THMs. Multiple lines of evidence indicated that THM concentrations in the water extracted from the aquifer decreased with time because the injected water was mixed with the native ground water in the aquifer. Because of this mixing, it was not possible to recover all the THMs in the aquifer.

“Consequently,” said Fram, “repeated injection, storage, and recovery cycles in Antelope Valley aquifers would alter ground water quality in the aquifer. The accumulation of THMs could be minimized by removal of the residual chlorine in the water before injection, or by modification of the extraction program.”

Public Meeting at Jenner Community Club, Jan. 30

Hello Folks,

Please join us on January 30th to learn more about the Sonoma Land
Trust, a few of our partners, and our plans to develop a comprehensive
resource management plan for the Jenner Headlands that balances public
use with the protection of the property’s incredible biological and
cultural resources.  We are holding a public meeting at the Jenner
Community Club from 4-5:30, where we will present an overview of our
planning process and our initial public access plans.  After the
presentation we will have time for Q&A.  The JCC is located in the town
of Jenner at 10432 Hwy 1.

To learn more about the Sonoma Land Trust and the Jenner Headlands
before the meeting, please visit our Web site at www.sonomalandtrust.org
<http://www.sonomalandtrust.org/> .

We look forward to seeing you on the 30th and beginning the next phase
of the Jenner Headlands project.

Brook R. Edwards

Jenner Headlands Project Manager

Sonoma Land Trust

California Water Law Symposium

Who Controls the Water? Reforming California Water Law Governance in an Age of Scarcity. Detailed Description
Date: January 30, 2010
Contact: Susan Gilbert-Miller, Ph.D. Location: University of San Francisco School of Law, 2130 Fulton Street, S.F., Fromm Complex.
Cost: General Admission ($40); MCLE Credit (6 hours (est)) ($125); Full-time Law School Student ($0 – School ID card required). Seminar Symposium Saturday, January 30, 2010
Time Activity/Topic
08: 00 AM Please Check Back Soon for Updated Information . . . Sign-in and Continental Breakfast
09: 00 AM Welcome The Landscape: Introduction to California Water Law Governance Issues Presenter David Sandino, California Department of Water Resources, University of San Francisco School of Law Addressing the Issues of California’s Water Governance Presenter Stuart Drown, Little Hoover Commission
10: 00 AM Keynote Address Speaker Jared Huffman, Assemblymember Representing the 6th Assembly District
10: 30 AM Break
10: 45 AM Water Wars: The 2009 Legislative Package to Reshape the Delta’s Governance Presenter Richard M. Frank, Center for Law, Energy & the Environment, UC Berkeley School of Law Debating the Issues: the 2009 Water Legislation Description Moderator Richard M. Frank, Center for Law, Energy & the Environment, UC Berkeley School of Law Panelists Alf W. Brandt, Committee on Water, Parks & Wildlife, California State Assembly
Kate Poole, Natural Resources Defense Council (NRDC)
Timothy Quinn, Association of California Water Agencies (ACWA)
Mariko Yamada, Assemblymember Representing the 8th Assembly District
12: 15 PM Lunch
01: 00 PM Surface Water Systems: Managing the Future Flow Description Moderator John D. Leshy, University of California, Hastings College of the Law Panelists Arthur Baggett, Jr., State Water Resources Control Board
Jason Peltier, Westlands Water District
David Nawi, US Department of the Interior
Richard Roos-Collins, Natural Heritage Institute (NHI)
Roderick Walston, Best, Best & Krieger
02: 45 PM Break
03: 00 PM California’s Groundwater – New Demands on Underground Waters Description Moderator Paul Kibel, Golden Gate University School of Law Panelists Chris Frahm, Brownstein Hyatt Farber Schreck
Dennis E. O’Connor, California Senate Committee on Natural Resources and Water
Kevin O’Brien, Downey Brand
Andrew H. Sawyer, State Water Resources Control Board
04: 30 PM Wrap up and Concluding Remarks Reception

Federal Endangered Species Act Notice Letters

Northern California River Watch, along with Biological Diversity and Coast Action Group, have filed three 60 Day Notice Letters pursuant to the Federal Endangered Species Act. The Notices allege that the parties named contributed to the take and harm of endangered Coho salmon and threatened Steelhead trout of the central coast region of California. These Notice Letters can be viewed in the Current Cases section of the website.

State Water Board Begins Process of Regulating Water Diversions That Kill Salmon and Steelhead in Russian River

SAN FRANCISCO— The California State Water Resources Control Board indicated yesterday that it will move forward over the next year to draft regulations on water diversions for frost protection of vineyards in the Russian River watershed, to protect imperiled coho salmon and steelhead trout. Water Board staff recommended that any diversion of water from the Russian River and its tributaries for frost protection between March 15 and June 1, including pumping of connected groundwater, must be under the auspices of a Board-approved water-demand management program that will ensure cumulative diversions do not de-water salmon streams, and will require monitoring and public reporting of diversions in the Russian River and tributaries. The Board declined to take emergency action to implement regulations for frost pumping this spring.

“In the face of extinction of coho salmon, the state Water Board has finally taken some long-overdue baby steps to address excessive water diversions and pumping from salmon streams in the Russian River watershed, although it will be at least another year before any regulations on pumping are put in place; they may not be in time even for next year’s frost season,” said Jeff Miller, a conservation advocate with the Center for Biological Diversity. “Coho salmon need immediate protection to prevent de-watering streams. Another season of fish kills is unacceptable since coho are near extinction in the Russian River, and chinook and steelhead are not far behind.”

Water diversions and pumping from streams for grape growing de-water rivers and creeks where listed fish species spawn, harming imperiled coho salmon, chinook salmon, and steelhead trout. De-watering of streams occurs not only during spring and summer vineyard irrigation, but also due to winter “frost protection” pumping to protect budding grapes from frost. When freezing temperatures hit the North Coast, vineyards pumping water for frost protection can dry up portions of the Russian River and its tributaries, stranding and killing young salmon.

“The Water Board needs to take action to avoid harming the last coho salmon and steelhead trout – that is the bottom line,” said Larry Hanson of Northern California River Watch.

“Effective regulations on Russian River water diversions are long overdue. It’s been 13 years since the Water Board determined frost protection pumping is harming salmon,” said Miller. “The rules being contemplated contain some positive steps, such as regulating connected groundwater, protecting from cumulative pumping effects, and requiring adequate monitoring to determine when pumping is impacting fish. However, these rules are weaker and less protective of fish than the approach the Water Board has already adopted on the Napa River, and unauthorized ponds and diversions are not addressed. Also, success depends heavily on the criteria used by the Board to approve water-demand management programs.”

In spring 2008 and again in 2009 there were widely publicized salmon kills due to excessive water diversions in the main stem of the Russian River at Hopland and in Felta Creek, a tributary. At yesterday’s hearing, Water Board staff estimated that there were likely 20 to 30 separate frost pumping events in 2008 that could have killed salmon in the Russian River watershed, but that state and federal agencies did not have the resources to survey or document stream conditions.

“The Water Board clearly does not have the staff, the funding, or the spine for strong enforcement actions, so any regulations need to be adequately protective of the fish,” said Miller. “The benefit of the doubt should go to species about to go extinct, since Russian River water is already over-appropriated and minimum flows for fish are not being met.”

In November 2009, the Center for Biological Diversity, Northern California River Watch, and Coast Action Group notified the Water Board of their intent to sue the agency for authorizing water diversions for vineyards in Mendocino and Sonoma counties that harm federally protected salmon and steelhead.

Background

There are at least 60,000 acres of vineyards in the Russian River watershed, 70 percent of which are within 300 feet of salmon streams. The Water Board currently permits and authorizes harmful water pumping, diversions, and water storage and continues to issue water-appropriation permits in the over-allocated Russian River watershed, in conflict with public trust values and beneficial uses. In 1997, the Water Board released a report identifying vineyard practices, particularly frost protection activities, that hurt federally listed species of fish struggling to survive in the Russian River basin and its tributaries. The National Marine Fisheries Service requested in the spring of 2009 that the Water Board adopt regulations to protect listed fish species.

The region’s significant fisheries are near extinction. Coho salmon (Oncorhynchus kisutch) on the central California coast are listed as endangered by both the state and federal governments; chinook salmon (Oncorhynchus tshawytscha) along the California coast are federally listed as threatened; and steelhead trout (Oncorhynchus mykiss) on the central California coast and Northern California are federally listed as threatened. Central California coast coho salmon are now at only 1 to 2 percent of their historical abundance. Coho have been eliminated from more than half of their historical streams in California, and in recent years, only 500 to 1,000 wild coho have returned to the entire central coast region to spawn. California coast chinook salmon have declined 97 to 99 percent from historical runs. Northern California coast steelhead have declined by 90 percent, and central California coast steelhead have declined by 80 to 90 percent in the past 50 years.

Salmon and steelhead spawn in freshwater streams and young fish require habitat with sufficient flows; deep pools; adequate food and shelter; and clean, cold water in order to survive long enough to migrate to the sea. The huge amounts of water withdrawn for grape growing dries up spawning beds and kills fish or leaves young salmon and steelhead stranded in hot and crowded shallow pools, where they are exposed to overcrowding and predators.

Grape growers have the option of pursuing permits for off-stream storage of water during high stream flows in winter, so that water is available for frost protection and the need for pumping from streams or groundwater during critical periods for salmon is eliminated. Some vineyards and grape growers have begun organizing to monitor water diversions and stream flow, and to address water pumping. These growers should be commended for trying to solve the problem. Many growers are calling for voluntary measures and self-regulation to deal with frost pumping. However, a Water Board rulemaking is necessary to ensure that the efforts of the leading growers are not thwarted by non-participants and that landowner-led solutions are effective. It is clear that even one or two diversions on a small tributary can have a significant impact on fish habitat. No voluntary plan can ensure full participation, and a strictly voluntary plan would ultimately fail to protect salmon and steelhead. An opt-in plan would also have the unintended effect of forcing the proactive growers to compete against growers that lag behind or refuse to do their fair share.

The Center for Biological Diversity is a national, nonprofit conservation organization with more than 255,000 members and online activists dedicated to the protection of endangered species and wild places.

Growers Face New Rules on Russian River Water in 2011

Robert Digitale, Press Democrat, January 19, 2010

It won’t happen until next year, but state water officials said Tuesday they want to adopt new rules that would limit the use of Russian River water for frost protection.s. grapes in battle over water

The state Water Resources Control Board took no formal action, but its five members voiced support for further work on proposed regulations that seek to protect the river’s endangered salmon and steelhead.

Board member Tam M. Doduc expressed support for a set of draft rules written by staff.

“We’ve heard today from the growers that it’s too stringent and we’ve heard from the enviros that it’s not stringent enough,” Doduc said at the end of a board workshop. “So to me it seems kind of balanced.”

It will take about a year for the water board to complete a formal hearing and get state attorneys to give their blessing to any new rules. The earliest the regulations could take effect would be 2011.

In the meantime, the board directed its staff to gather a “working group” of leaders from farm and environmental groups to further refine the regulations and, where possible, forge a consensus.

After the meeting at least some growers and environmentalists expressed cautious optimism the coming discussions would produce acceptable rules.

Growers “have a steep hill to climb,” but at least the board members voiced support for some flexibility in the regulatory process, said Pete Opatz, a leader for Sonoma County grape growers.

Kimberly Burr, who spoke at the meeting on behalf of two environmental groups, the Center for Biological Diversity and Northern California River Watch, said she was encouraged the board was moving forward to adopt new rules. She earlier had urged the board to strengthen the staff proposal in order to better protect fish.

The two environmental groups have formally notified the water board of their intent to sue the state for failing to protect the river’s salmon and steelhead. A third group, Coast Action Group, has also notified the water board of a similar lawsuit under the federal Endangered Species Act.

Both federal officials and environmental groups have urged the board to approve new rules to ensure adequate water for salmon and steelhead during frosty spring nights.

On such nights many growers spray water over their vines to freeze the greed buds in ice, which keeps the plant tissue safe at a constant 32-degree temperature.

But officials with the National Marine Fisheries Service said frost protection by growers in 2008 and 2009 stranded and killed both coho salmon and steelhead. The strandings, prohibited under the Endangered Species Act, occurred on the Russian River and a tributary.

Tuesday was the water board’s third meeting on the issue since last spring. About 50 people attended the workshop, including a number of grape growers from both Sonoma and Mendocino counties.

A key ingredient to the board’s approach is to have growers join organizations that would manage water diversions for frost protection on both the river and its tributaries.

Such groups “would have to have the authority to kick bad actors out of the program, which could mean for that grower that they could not frost protect at all,” staff member Victoria Whitney told the board.

Both farmers and environmentalists said more storage ponds must be built in order to provide a source of water on cold nights when streams lack enough flow for diversions.

In a related matter, growers and the Mendocino County Russian River Flood Control & Water Conservation District are seeking board support for placing stream flow gauges at the base of various tributaries and conducting field studies as to the minimum flows needed for fish. Below that minimum flow no water could be diverted.

On Tuesday some grower representatives referred to the staff’s draft rules as burdensome while others called for a chance to find workable alternatives.

“We will cooperate to save fish, but we want to save our industry,” said David Fanucchi, an Alexander Valley grape grower.

But Alan Levine, executive director of Coast Action Group, said growers can afford to build more storage ponds as part of the state’s efforts to better manage a finite amount of water.

“Things aren’t looking good for fish,” Levine said.

Letter Exposing the Myth of “Feeding the Nation” Ag Article

Thanks to whoever sent out the article on the myth being created by agribusiness, media, and politicians to the effect that supplying water to Westlands Water District is important for feeding the nation.  (Was it Brock?)
Sen. Feinstein needs to receive a lot of letters protesting her position on Westlands, and western water subsidies in general.
Jane
Letter emailed to Sen. Dianne Feinstein Jan. 9, 2010
Dear Senator Feinstein,
US Department of Agriculture statistics demonstrate that agricultural production from the Westlands Water District is far from significant, and may actually be negative when the level of taxpayer subsidies to those farmers is added in (that is, subtracted from their net profits). Based on USDA statistics, Westlands’ contribution in gross income to the nation’s food supply (and exports) is about a quarter of a percent. The true net value may be only $30 million to $40 million, once government subsides are considered.
I therefore challenge you to stop supporting the false claim that west side San Joaquin Valley agribusiness “feed the nation,” and that cuts to their water supplies prevent those growers from “feeding the nation.”
We, the U.S. taxpayers, paid for the projects that supply Westlands farmers with water, and for the drains that made it possible for them to continue farming in an area that traps irrigation water in the soils. Those drains created the poisonous slough of Kesterson Reservoir, and taxpayers eventually had to pay to fill in Kesterson’s collection ponds to stop the deformed bird chicks and outright kills of wildlife from the concentration of selenium in the drain water.
Recent tests of alternative drainwater disposal projects have shown that all have the same potential to poison and kill wildlife as did Kesterson. Thus, there should NEVER be a time when Westlands drain waters reach the San Joaquin River!!
It’s time to get real about the level of taxpayer subsidies that allow Westlands agribusiness to survive, when they also create environmental havoc that taxpayers then have to pay to remediate. Why should taxpayers continue supporting agriculture that has to be bailed out of its self-made problems? It’s time to wean Westlands farmers off the public purse, and make them prove that they can prosper in a free market.
More realistically, Westlands demands for taxpayer support — and the environmental destruction — both come from irrigating the land. It’s time to cut out the irrigation. Take Westlands Water District lands out of production!
Jane E. Nielson jenielson@comcast.net
Jane E. Nielson, Ph.D. Geologist

More information coming out about pharmaceuticals…

To All,

More information coming out about pharmaceuticals…

In recent weeks, federal regulators have changed course on regulating pharmaceuticals in public water supplies, taking a critical first step toward acknowledging that they may pose threats to human health.  The U.S. Environmental Protection Agency is considering pharmaceuticals as candidates for regulation in drinking water and examining drug concentrations at water treatment plants across the nation.  The Food and Drug Administration is working to reduce the flushing of unused drugs and expand medicine return programs.  In California, the Southern California Coastal Water Research Project (SCCWRP) is working to provide the State with recommendations on emerging contaminants in coastal and marine ecosystems and will convene a panel of experts in public workshops on this topic in January.  SCCWRP is also coordinating research with an expert panel that will answer key questions with regard to theseemerging contaminants and recycled water, pursuant to the State Water Board’s Recycled Water Policy.

See the link:  http://www.cacoastkeeper.org/

–Larry

Russian River Gravel Mining Stopped

To All,
In case you haven’t seen it, here are some press releases on the very big win in the gravel mining decision.
Marc

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Judge’s decision could halt river gravel mining
A decision last week in Sonoma County Superior Court overturned a 2008 Board of Supervisors decision to extend the deadline for terrace gravel mining in the Russian River. Pictured above are Syar’s gravel pits along the Russian River between Healdsburg and Windsor.
Board of Supervisor’s 2008 extension reversed By Kerrie Russell Tribune Editor Published: Wednesday, November 18, 2009 3:02 PM PST A decision last week by the Sonoma County Superior Court could mean the end of gravel pit mining along the Russian River.
A ruling by Judge Robert Boyd overturned a 2008 Board of Supervisor’s vote that would have allowed an extension of terrace gravel mining in the Russian River.
The judge’s decision came a year after a California Environmental Quality Act (CEQA) lawsuit was filed by the Westside Association to Save Agriculture, the Russian River Keeper and the North Coast Rivers Alliance.
The group filed the suit last fall after the Board of Supervisors in October of 2008 voted 3-2 to in favor of Syar Industries request to extend a terrace gravel mining deadline past April of 2006. The 1994 ARM plan (certified in 1996) required a 10-year limit and called for the end of mining on the west side of the Russian River.
“The ARM plan was clear that there were no extensions,” said Riverkeeper Don McEnhill.
However, last year’s decision from the Board of Supervisors would have allowed Syar Industries to “finish the job” on phase VI of the project, west of the Russian River just south of Healdsburg, and required that no more than a year should pass after mining is completed for environmental restoration there.
Following a motion from Fourth District Supervisor Paul Kelley, supervisors Tim Smith and Mike Kerns voted in favor of the three-year extension in 2008.
But in Judge Boyd’s 12-page ruling last week, he found that Sonoma County violated CEQA by failing to (1) prepare a separate Environmental Impact Report addressing the significant adverse impacts of Syar’s proposed terrace gravel mining, (2) adequately explain why the alternative of terminating mining and reclaiming the disturbed land for other uses was not feasible, and (3) provide an adequate discussion of alternative gravel sources including importation of gravel from outside the County and development of existing and proposed quarries within the County.
Boyd called Syar’s requested extension a contradiction of “the very essence of the project history,” and called their argument “circular.”
In response to the Board of Supervisor’s finding that the ARM should be extended because alternatives are infeasible, Boyd stated, “An agency cannot find an alternative infeasible simply because the developer does not want to do it.”
David Spielberg, attorney for Syar, was unsure what the company’s next steps will be.
“At this point, we’re still looking at it and evaluating what our response ought to be and what our options are,” he said. “Right now, we’re still trying to digest the decision.”
Terrace gravel mining stopped in 2006 while Syar waited for a decision on the extension.
“This decision is a great victory for the people of Sonoma County who rely on the Russian River and adjacent water aquifer for their drinking water,” said Marc Bommersbach, President of Westside Association to Save Agriculture (WASA). “Years of strip mining in the aquifer of the Russian River have severely impacted this precious resource that supplies the drinking water to 700,000 people in Sonoma and Marin Counties.”
Opponents of Syar’s gravel mining also argue that there are less costly and more environmentally sound ways to supply gravel for construction and road projects.
“It has been clearly demonstrated that the county has supplies of gravel to support projects like roads and buildings without relying on mining gravel in the county’s drinking water aquifer. They haven’t mined there since 2006 and the freeway project has not come to a halt,” Bommersbach said.
McEnhill said the ruling is a big win for the river.
“We feel like this ruling will make it very difficult, if not impossible, to try and go back and dig up the aquifers,” he said. “We think the biggest win is for our future water supply and for ag along the river.
“This is a victory that’s been a long time coming. It’s a historical win,” McEnhill said.

Judge’s decision could halt river gravel mining
A decision last week in Sonoma County Superior Court overturned a 2008 Board of Supervisors decision to extend the deadline for terrace gravel mining in the Russian River. Pictured above are Syar’s gravel pits along the Russian River between Healdsburg and Windsor.
Board of Supervisor’s 2008 extension reversed By Kerrie Russell Tribune Editor Published: Wednesday, November 18, 2009 3:02 PM PST A decision last week by the Sonoma County Superior Court could mean the end of gravel pit mining along the Russian River.
A ruling by Judge Robert Boyd overturned a 2008 Board of Supervisor’s vote that would have allowed an extension of terrace gravel mining in the Russian River.
The judge’s decision came a year after a California Environmental Quality Act (CEQA) lawsuit was filed by the Westside Association to Save Agriculture, the Russian River Keeper and the North Coast Rivers Alliance.
The group filed the suit last fall after the Board of Supervisors in October of 2008 voted 3-2 to in favor of Syar Industries request to extend a terrace gravel mining deadline past April of 2006. The 1994 ARM plan (certified in 1996) required a 10-year limit and called for the end of mining on the west side of the Russian River.
“The ARM plan was clear that there were no extensions,” said Riverkeeper Don McEnhill.
However, last year’s decision from the Board of Supervisors would have allowed Syar Industries to “finish the job” on phase VI of the project, west of the Russian River just south of Healdsburg, and required that no more than a year should pass after mining is completed for environmental restoration there.
Following a motion from Fourth District Supervisor Paul Kelley, supervisors Tim Smith and Mike Kerns voted in favor of the three-year extension in 2008.
But in Judge Boyd’s 12-page ruling last week, he found that Sonoma County violated CEQA by failing to (1) prepare a separate Environmental Impact Report addressing the significant adverse impacts of Syar’s proposed terrace gravel mining, (2) adequately explain why the alternative of terminating mining and reclaiming the disturbed land for other uses was not feasible, and (3) provide an adequate discussion of alternative gravel sources including importation of gravel from outside the County and development of existing and proposed quarries within the County.
Boyd called Syar’s requested extension a contradiction of “the very essence of the project history,” and called their argument “circular.”
In response to the Board of Supervisor’s finding that the ARM should be extended because alternatives are infeasible, Boyd stated, “An agency cannot find an alternative infeasible simply because the developer does not want to do it.”
David Spielberg, attorney for Syar, was unsure what the company’s next steps will be.
“At this point, we’re still looking at it and evaluating what our response ought to be and what our options are,” he said. “Right now, we’re still trying to digest the decision.”
Terrace gravel mining stopped in 2006 while Syar waited for a decision on the extension.
“This decision is a great victory for the people of Sonoma County who rely on the Russian River and adjacent water aquifer for their drinking water,” said Marc Bommersbach, President of Westside Association to Save Agriculture (WASA). “Years of strip mining in the aquifer of the Russian River have severely impacted this precious resource that supplies the drinking water to 700,000 people in Sonoma and Marin Counties.”
Opponents of Syar’s gravel mining also argue that there are less costly and more environmentally sound ways to supply gravel for construction and road projects.
“It has been clearly demonstrated that the county has supplies of gravel to support projects like roads and buildings without relying on mining gravel in the county’s drinking water aquifer. They haven’t mined there since 2006 and the freeway project has not come to a halt,” Bommersbach said.
McEnhill said the ruling is a big win for the river.
“We feel like this ruling will make it very difficult, if not impossible, to try and go back and dig up the aquifers,” he said. “We think the biggest win is for our future water supply and for ag along the river.
“This is a victory that’s been a long time coming. It’s a historical win,” McEnhill said.

Getting to Know the New Stormwater Permit

Good Afternoon

Please go to the links below to download copies of the materials presented at the December 8th “Getting to Know the New Stormwater Permit” program in Sonoma County.  One of the presentations is quite large, so it may take a few minutes to download.

  1. Mona Dougherty’s “Municipal Storm Water Permit”:
    http://sfbayaep.org/20091208aepstormwatermonadoughertyrwwqcb.pdf
  2. Reg Cullen’s “What you need to know about the new NPDES MS4 storm water permit when seeking a building, grading, or other permit from PRMD”:
    http://sfbayaep.org/20091208aepstormwaterregcullenprmd.pdf

Happy Holidays

Terri

Terri McCracken

CalAEP SF Bay Chapter Board Member

Project Manager
terri.mccracken@cajaeir.com

Christopher A.  Joseph & Associates
Environmental Planning and Research
www.cajaeir.com

Petaluma Office
179 H Street
Petaluma, CA 94952

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