California Code of Regulations › Title 23 - Waters › Division 4 - Regional Water Quality Control Boards › Chapter 1 - Water Quality Control Plans, Policies, and Guidelines › Article 3 - Central Coast Region › Section 3929.2 - Total Maximum Daily Loads and Implementation Plan for Sediment in Pajaro River Including Llagas Creek, Rider Creek, and San Benito River and a Land Disturbance Prohibition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Resolution No. R3-2005-0132, adopted on December 2, 2005 by
					 the Central Coast Regional Water Quality Control Board (Central Coast Water
					 Board), modified the regulatory provisions of the Water Quality Control Plan
					 for the Central Coast Region (Basin Plan) by establishing Pajaro River
					 Watershed Total Maximum Daily Load (TMDLs) for sediment (including Llagas
					 Creek, Rider Creek, and San Benito River); adopted numeric targets for
					 sediment; adopted an implementation plan to achieve the TMDLs, and adopted a
					 Land Disturbance Prohibition. The State Water Resources Control Board (State
					 Water Board) approved the amendment on September 21, 2006, under Resolution No.
					 2006-0068.
The TMDLs address impairment of Pajaro River, Llagas Creek,
					 Rider Creek, and San Benito River due to sedimentation. An implicit margin of
					 safety was incorporated into the TMDLs through the use of conservative
					 assumptions throughout the sediment source analysis and characterization of
					 beneficial use impacts. The Central Coast Water Board set load allocations for
					 subwatersheds based on reduction of sediment from agricultural, rangeland,
					 rural residential, and mining activities, as well as reductions in road-related
					 erosion. The amendment establishes numeric targets for suspended sediment
					 concentrations and streambed sediment characteristics that are known to be
					 supportive of the beneficial uses protecting anadromous fish. The numeric
					 targets interpret narrative water quality objectives for sediment in the Basin
					 Plan.
The TMDLs rely on a Land Disturbance Prohibition for the
					 Pajaro River Watershed that requires owners and operators of grazing, farm
					 animal and livestock, hydromodification, and road activities to submit a
					 Nonpoint Source Pollution Control Implementation Program or document that their
					 activity does not result in the discharge of sediment. The Central Coast Water
					 Board will rely upon National Pollutant Discharge Elimination System permits,
					 waste discharge requirements (WDRs) and waivers of WDRs to ensure that
					 implementing parties carry out implementation actions. Responsibility for
					 achieving the numeric targets falls upon several entities as described in the
					 resolution. This Basin Plan amendment establishes a 45-year implementation
					 period to achieve the TMDLs. The Central Coast Water Board plans to track
					 progress towards achieving the TMDLs through review of implementation actions
					 and monitoring conducted by the implementing parties. Central Coast Water Board
					 staff plans to conduct triennial reviews of implementation actions and
					 monitoring results. If ongoing efforts are not expected to achieve the TMDLs as
					 scheduled (as determined by a triennial review), the Executive Officer of the
					 Central Coast Water Board may require changes to existing monitoring,
					 reporting, or implementation efforts pursuant to Water Code (WC) section
					 13267 or
					 13383. Should Nonpoint Source
					 Pollution Control Implementation Programs or documentation require modification
					 or, if a party fails to submit a Program or documentation, the Executive
					 Officer may issue a civil liability complaint pursuant to WC section
					 13268 or
					 13350 or, alternatively, propose
					 individual or general WDRs to assure compliance with the prohibition.
1. New
					 section summarizing amendments to basin plan filed 11-27-2006; amendments
					 approved by State Water Resources Control Board Resolution No. 2006-0068 on
					 9-21-2006; amendments approved by OAL pursuant to Government Code section
					 11353 on
					 11-27-2006 (Register 2006, No. 48).