Public Notice for Water Quality Certification and/or Waste

Discharge Requirements (Dredge/Fill Projects)

Humboldt County Elk River Estuary Inter-Tidal Wetlands Enhancement and Coastal Access Project

40.7575, -124.192781 ECM PIN CW-841170, WDID No. 1B171818WNHU

Humboldt County

On October 27, 2017, the North Coast Regional Water Quality Control Board (Regional Water Board) received an application from the City of Eureka (Applicant), requesting federal Clean Water Act, section 401, water quality certification (certification) for activities related to the proposed Elk River Estuary Inter-Tidal Wetlands Enhancement and Coastal Access Project (Project) in the City of Eureka, Humboldt County. Receiving Waters The Project location is in south Eureka within the Eureka Plain Hydrologic Unit (Basin Planning Area No. 110.00). The Project area is bounded by the U.S. Highway 101 on-ramp, Pound Road and Tooby Road on the east, the North Coast Railroad Authority railroad on the west, the city of Eureka’s waste water treatment facility and Waterfront Trail to the north, and Assessor’s Parcel Number 305-131-017-000 to the south (see Figure 1). Project Description The Applicant proposes to restore and enhance the estuary and inter-tidal habitats on approximately 114 acres adjacent to the Elk River and to increase public access to the Elk River Spit, Elk River, and Humboldt Bay. Project activities would occur in two distinct areas (see Figure 2): Area 1 and Area 2. Area 1 is an approximately 25-acre immediately north of the Elk River and Area 2 is an approximately 89-acre immediately north of the Elk River. Both areas contain inter-tidal tributaries to Elk River Slough, as well as open water, uplands, riparian, and other wetland habitats (see Figure 3), but also experience a muted tidal cycle due to the presence of tide gates. The existing Project area habitats include pasture, coastal scrub, degraded seasonal wetlands dominated by pasture grasses, and salt marsh dominated by invasive Spartina densiflora. The Project area also currently lacks key ecosystem processes, such as full tidal exchange. The Project would restore a functioning tidal marsh complex with native vegetation and a network of tidal channels to allow for full tidal exchange with the Elk River. Marsh restoration would require conversion of degraded seasonal freshwater and brackish wetland, currently used for livestock grazing, to inter-tidal salt marsh wetlands and tidal channels. Tidal channels would consist of open water, eelgrass, and mudflat habitats. Refer to Figure 4 for the proposed post-Project implementation habitats. 1 WGS84 datum

Elk River Estuary Enhancement - 2 - November 29, 2017 WDID No. 1B171818WNHU Project goals include the following:

• Enhance salt marsh resiliency to sea level rise; • Enhance and expand hydrologic connectivity through tide gate and dike removal,

expansion of existing inter-tidal/estuary channels, and construction of new inter-tidal/estuary channels;

• Increase the tidal prism volume in the Elk River estuary to assist with sediment routing in lower Elk River;

• Expand inter-tidal channel network with appropriate depths to provide Eelgrass habitat;

• Create salt marsh plains with a range of surface elevations to support low and high salt marsh species;

• Increase listed salmonid (Chinook salmon (Oncorhynchus tshawytscha), coho salmon (Oncorhynchus kisutch), and steelhead trout (Oncorhynchus mykiss)) habitat quality and quantity in the Elk River estuary;

• Increase inter-tidal, brackish, and freshwater habitats for other important aquatic species including but not limited to eelgrass, Olympia oyster (Ostrea lurida), dungeness crab (Metacarcinus magister), longfin smelt (Spirinus thaleichthys), tidewater goby (Eucyclogbius newberryi), Humboldt Bay owl’s clover (Castilleja ambigua ssp. humboldtiensis), Lyngbye’s sedge (Carex lyngbyei), and Point Reyes bird’s-beak (Chloropyron maritimum ssp. palustre);

• Remove invasive Spartina densiflora vegetation from salt marsh habitat; • Create living shorelines (tidal ridges) as an alternative to hardened shorelines to

help protect vital infrastructure such as Highway 101, the Waterfront Trail, the railroad grade, and underground sewer transmission line;

• Create and enhance riparian habitat; • Create a non-motorized boat launch to provide access to Elk River Slough and

Humboldt Bay; • Extend the City’s Waterfront Trail south through Area 1 and Area 2 to increase

public access and recreation opportunities on Elk River estuary/spit and Humboldt Bay. The trail expansion will encourage an appreciation of the environment and the socio-cultural history of the area by providing opportunities for nature study, including up-close views of local vegetation/habitats, long-range views of Elk River Spit/Elk River/Humboldt Bay, and interpretive signs that include information regarding local habitats and cultural/historical sites; and

• Continue to provide emergency access to underground and above ground utilities (Humboldt Community Services District and Pacific Gas & Electric).

Proposed activities in Area 1 include (see Figure 6):

• Remove two existing tide gates and most of the dike that separates Area 1 from the Elk River (see Figure 5). Some portions of the dike may be retained to provide wildlife habitat;

Elk River Estuary Enhancement - 3 - November 29, 2017 WDID No. 1B171818WNHU

• Remove the Bucksport Elk River railroad grade to improve hydrologic connectivity and create additional salt marsh habitat;

• Increase the width and depth of approximately 3,385 linear feet of existing channels to maximize eelgrass habitat;

• Creation of approximately 2,395 linear feet of new tidal channels; • Creation of a new freshwater marsh in the northeast corner at the outlet of an

existing culvert outlet that seasonally conveys flows into Area 1; • Creation of several salt marsh depressions adjacent to inter-tidal channels to

provide wetland pond habitats; • Creation of salt marsh hummocks to serve as bird habitat islands; • Creation of approximately four acres of riparian habitat; • Remove invasive Spartina grasses; • Construction of a 14-foot-wide public trail causeway and viewing platform. The

existing Waterfront trail would be extended approximately 1,000 feet from its current terminus north of Area 1 southward and parallel to the railroad, to the Elk River. Approximately 1,520 cubic yards of fill excavated from on-site would be used to construct the trail prism; and

• Construction of a non-motorized boat launch ramp. The ramp would be approximately 15 feet wide and 30 feet long, extending from above mean annual maximum tides down to minus one foot below mean lower low tides.

Proposed activities in Area 2 include:

• Breaching the existing dike along the Elk River in multiple locations; • Remove an existing dilapidated 12-inch-diameter culvert that conveys flows from

beneath Highway 101 inboard ditch; • Excavation of a new Elk River tributary channel and intertidal channel network

along an approximately 4,200 linear foot area. Existing ditches would be filled; • Creation of several salt marsh depressions adjacent to inter-tidal channels to

provide wetland pond habitats; • Construct tidal ridges alongside US 101 and the railroad using on-site excavation fill

material to contain mean annual maximum tides; • Creation of several salt marsh depressions adjacent to inter-tidal channels to

provide wetland pond habitats; • Creation of salt marsh plains and hummocks to support wildlife habitat and support

the migration of salt marsh habitat to higher elevations as sea levels rise; • Creation of approximately nine acres of riparian habitat; • Remove invasive Spartina grasses; • Extension of the Waterfront Trail one mile north to Elk River and construction of an

elevated causeway. Also, construction of a walking bridge at the northern end of Area 2, spanning the new channel entrance to connect the Waterfront Trail extension to the eastern tidal ridge;

• Removal of the existing dirt road from Tooby Road to the railroad; and

Elk River Estuary Enhancement - 4 - November 29, 2017 WDID No. 1B171818WNHU

• Construction of a paved public parking area and trailhead at the southern end of Tooby Road.

Construction Timing Project construction is proposed to occur between July 1 and October 31, in years 2018 and 2019. Impacts and Mitigation Project implementation would result in approximately 92 acres of fill and 9.8 acres of excavation within jurisdictional waters. Mitigation is not proposed for the Project because it is a restoration Project intended to provide a net benefit to state waters and their beneficial uses. Disturbed Soil Area The Applicant would disturb greater than an acre of soil. The Applicant has requested to provide a Project-specific pollution prevention control plan in-lieu of filing for coverage under the State Water Resources Control Board Construction General Permit. The Regional Water Board is considering granting this request provided the Applicant submit, for Regional Water Board prior review and approval, a Water Pollution Control Plan (WPCP) for each Project year. The Project phase-specific WPCP would be required to (1) identify pollutants, (2) identify specific best management practices (BMPs) to control those pollutants, (3) provide a map showing locations where BMPs would be employed, and (4) provide a monitoring strategy to demonstrate efficacy of BMPs. Other Agency Permits and Actions The Applicant has applied to the United States Army Corps of Engineers for an Individual Permit pursuant to section 404 of the Clean Water Act. The Applicant has applied for a section 1600 Streambed Alteration Agreement from the California Department of Fish and Wildlife. CEQA Compliance As lead agency, the City of Eureka has prepared a Mitigated Negative Declaration for the Project. Total Maximum Daily Load (TMDL) The Project is in the Elk River watershed. The Elk River watershed is listed on the State of California’s Clean Water Act section 303(d) list as impaired for sediment because the State of California determined that Elk River water quality standards are exceeded due to excessive sediment. At present, there are no watershed-specific TMDL implementation plans for this watershed. Pursuant to Regional Water Board Resolution R1-2004-0087, Total Maximum Daily Load (TMDL) Implementation Policy Statement for Sediment-Impaired Receiving Waters within the North Coast Region (Sediment TMDL Implementation Policy), the Executive Officer is directed to “rely on the use of all available

Elk River Estuary Enhancement - 5 - November 29, 2017 WDID No. 1B171818WNHU authorities, including existing regulatory standards, and permitting and enforcement tools to more effectively and efficaciously pursue compliance with sediment-related standards by all dischargers of sediment waste.” BMPs would be implemented to control sediment discharge during Project construction and post-Project conditions would not create a sediment source to state waters. Accordingly, Project activities are consistent with and implement portions of the Elk River TMDL. Public Comments Regional Water Board staff are proposing to regulate this Project pursuant to Section 401 of the Clean Water Act (33 USC 1341) and/or Porter-Cologne Water Quality Control Act authority. In addition, staff will consider all phone calls and comments submitted in writing and received within a 21-day comment period that begins on the first date of issuance of this notice and ends at 5:00 p.m. on the last day of the comment period. If you have any questions or comments, please contact staff member Brendan Thompson at (707) 576-2699 or Brendan.Thompson@waterboards.ca.gov within 21 days of the posting of this notice. The information contained in this public notice is only a summary of the applicant’s proposed activities. The Regional Water Board’s Project file includes the application for certification and additional details of the proposed Project, including maps and design drawings. Project documents and any comments received are on file and may be reviewed or copied at the Regional Water Board office, 5550 Skylane Boulevard, Suite A, Santa Rosa, California. Appointments are recommended for document review. Appointments can be made by calling (707) 576-2220.

FIGURES

Figure 1: Project location

Figure 2: Project Areas and Existing Features

Figure 3: Existing habitat categories

Figure 4: Post-development wetlands, open channels, and riparian habitats.

Figure 5: Area 1 existing conditions.

Figure 6: Overview of Area 1 design elements.

Figure 7: Area 2 existing conditions.