Yurok Tribe NPS Assessment and Management Program Plan December 2012 DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT APPROVALS: Thomas P. O’Rourke Sr., Chairman Yurok Tribe, California Date: Kathleen Sloan, Director – Director Yurok Tribe Environmental Program Yurok Tribe, California Date: Ken Fetcho, Assistant Director – Water Division Yurok Tribe Environmental Program Yurok Tribe, California Date: FOR EPA USE: Approved by EPA Project Manager EXPEDITED REVIEW? Date: Yes No CONTENTS Yurok Tribe, California Nonpoint Source Assessment and Management Program Plan SECTION 1.0............................................................................................................................................... 1 Overview 1.1 Purpose and Need ...................................................................................................................... 1 1.2 Summary of Analysis ................................................................................................................ 4 SECTION 2.0............................................................................................................................................... 8 Introduction 2.1 Yurok Tribe ............................................................................................................................... 8 2.2 Reservation Waters.................................................................................................................. 13 2.3 Objectives and Goals of the Report ......................................................................................... 14 2.4 Public Participation ................................................................................................................. 16 SECTION 3.0............................................................................................................................................. 17 Methodology 3.1 Data Sources ............................................................................................................................ 17 3.2 Data Management.................................................................................................................... 17 SECTION 4.0............................................................................................................................................. 18 Land Use 4.1 Physiographic Characteristics of the Reservation ................................................................... 18 4.2 Land Use and Socioeconomics................................................................................................ 19 SECTION 5.0............................................................................................................................................. 21 Surface and Groundwater Quality Summary 5.1 Hydrologic Setting .................................................................................................................. 21 5.2 Surface Waters ........................................................................................................................ 21 5.3 Groundwater ............................................................................................................................ 24 5.4 Water Quality .......................................................................................................................... 24 SECTION 6.0............................................................................................................................................. 28 Results 6.1 NPS Pollution Sources ............................................................................................................ 28 6.2 Status of Reservation/Tribal Waters ........................................................................................ 28 SECTION 7.0............................................................................................................................................. 33 Discussion 7.1 Water Quality Impairment from NPS Pollution ...................................................................... 33 7.2 NPS Pollution Impairment Ranking ........................................................................................ 33 December 2012 AES i Yurok Tribe, California NPS Assessment and Management Program Plan SECTION 8.0............................................................................................................................................. 35 Selection of Management Practices 8.1 Core Participants ..................................................................................................................... 35 8.2 Public Participation ................................................................................................................. 36 8.3 Existing BMPs......................................................................................................................... 36 8.4 Pollution Reduction ................................................................................................................. 41 SECTION 9.0............................................................................................................................................. 42 Conclusions SECTION 10.0........................................................................................................................................... 43 Nonpoint Source Management Program Plan 10.1 Management Program Summary ............................................................................................. 43 10.2 BMPs Identified to Control Specific NPSs ............................................................................. 44 10.3 Funding Sources ...................................................................................................................... 45 10.4 BMPs ....................................................................................................................................... 46 10.5 Implementation Schedule ........................................................................................................ 55 SECTION 11.0........................................................................................................................................... 57 References SECTION 12.0........................................................................................................................................... 58 Acronym List LIST OF TABLES Table 1 Table 2 Table 3 Table 4 Table 5 Table 6 Table 7 Land Ownership and Acreage within the Yurok Reservation ........................................................19 Yurok Reservation Communities......................................................................................................20 Beneficial Use Definitions.................................................................................................................22 Potential Impairments of Reservation Waters ..................................................................................32 Core Participants in Watershed Planning .........................................................................................35 Management Program Milestones ....................................................................................................44 NPS Implementation Schedule (Fiscal Year)...................................................................................55 LIST OF FIGURES Figure 1 Figure 2 Figure 3 Figure 4 Regional Location ................................................................................................................................2 Yurok Tribal Facilities .........................................................................................................................3 Tribal Population Units ........................................................................................................................5 Watershed Map ..................................................................................................................................14 APPENDICES Appendix A 2003 Yurok Tribe Clean Water Act Section 319 Treatment as a State Approval Appendix B Water Quality Control Plan for the Yurok Indian Reservation Appendix C USEPA Maximum Contaminant Levels December 2012 AES ii Yurok Tribe, California NPS Assessment and Management Program Plan SECTION 1.0 Overview 1.1 Purpose and Need The Yurok Tribe (Tribe) is a federally recognized Indian tribe based on the Yurok Reservation, which parallels and encompasses the lower reach of the Klamath River. The Reservation and Yurok ancestral territory is located in the North Coast region between Arcata and Crescent City in an isolated region of Northwest California. The Reservation consists of lands one mile on each side of the lower 46 miles of the Klamath River from just above the confluence of the Trinity River at Weitchpec to the mouth of the river as it flows into the Pacific Ocean at Requa. Reservation lands include parts of Humboldt and Del Norte counties, two of the largest land based counties in the state of California (Figure 1). Developments on Tribal trust and fee lands include Tribal administration offices, Tribal community centers, single family homes, commercial fishing enterprises (Requa Resort), campgrounds and RV parks, gas stations, and Tribal government support facilities (Figure 2). Land uses on Tribal properties include open space, rural residential, cultural and ceremonial sites, timberland, grazing land, and commercial and subsistence fisheries, governmental, and mining activities. Mouth of the Klamath River Confluence of the Trinity and Klamath Rivers The purpose of this Nonpoint Source (NPS) Assessment and Management Program Plan (NPSAMPP) is to identify the sources of NPS pollution that affect Reservation waters and describe Best Management Practices (BMPs) to minimize water quality impacts from NPS pollution. Reservation waters are defined by Tribal ordinance as all surface and underground water within, flowing through, or bordering the Reservation. This includes those waterways on Tribal fee land that are hydraulically connected to the Klamath River. Documentation of NPS pollution will provide the Yurok Tribe Environmental Program (YTEP), Yurok Tribe Fisheries Program (YTFP), and other Yurok Tribe departments and programs with an important tool for evaluating cumulative impacts of NPS pollution and for developing sound NPS management policies and control programs for the Lower Klamath basin. This NPSAMPP was prepared in accordance with the Installment Sale Agreement under the Expanded Use Program of the Clean Water State Revolving Fund for the Phase I purchase of approximately 22,495 acres of December 2012 AES 1 Yurok Tribe, California NPS Assessment and Management Program Plan December 2012 AES 2 Yurok Tribe, California NPS Assessment and Management Program Plan December 2012 AES 3 Yurok Tribe, California NPS Assessment and Management Program Plan forested land along the Lower Klamath River in Humboldt County (Phase 1 lands). As a condition of the loan, the Tribe entered into a Cooperative Agreement with the North Coast Regional Water Quality Control Board (NCRWQCB), State Water Resources Control Board (SWRCB), California Department of Forestry and Fire Protection (CAL FIRE), and the Bureau of Indian Affairs (BIA) to ensure consistency with the State Water Quality Control Plan for Enclosed Bays and Estuaries, State NPS Plan, and lower Klamath River Total Maximum Daily Loads (TMDLs). A component of the Cooperative Agreement requires the Tribe to develop a NPS Management Program incorporating all the components outlined in 33 U.S.C. Section 1329(b)(2), commonly referred to as Section 319 of the Clean Water Act (CWA), which outlines the required components of an NPS Management Program. This NPSAMPP is also part of a larger effort to unify Tribal environmental protocol and procedures in order to address existing environmental conditions and prevent future degradation of the Tribe’s natural environment on all of the lands in its ownership currently and acquired in the future while meeting Tribal economic development goals. Submittal of this NPSAMPP meets eligibility requirements for funding under Section 319 of the Clean Water Act (Section 319). The Tribe’s water quality program previously received approval for Treatment as a State (TAS) for NPS program funding under Section 319 in March of 2000. This NPSAMPP expands upon the management program presented in the previous submittal and includes lands within the Yurok Reservation boundaries and tribal fee lands outside of the Reservation. Section 319 funding will be used to implement NPS pollution prevention programs, specific NPS BMPs, and remediation projects in order to improve Reservation water quality and provide a benefit to the watershed as a whole. 1.2 Summary of Analysis The Tribe, in its effort to preserve the Reservation waters and meet requirements of the Cooperative Agreement, has analyzed the potential for impact to water quality from NPS pollution on the Reservation and the newly acquired Phase 1 lands outside of the Reservation boundaries. YTEP, under an United States Environmental Protection Agency (USEPA) approved Quality Assurance Project Plan (QAPP), implements a water quality monitoring program of Reservation waters in accordance with CWA Section 106 criteria providing for a quantitative assessment correlating Reservation water quality impairment to NPS pollution sources. In addition, Reservation waters were visually assessed for potential impairment from NPS pollution based on location and distance to NPS sources. There are no activities on or adjacent to Reservation waters that result in point source pollution discharges. NPS pollution is the highest threat to Reservation water quality and is directly linked to the goals of the Tribe’s water quality monitoring program. The Reservation and Tribal properties consist of both developed and undeveloped land, and are therefore subject to different sources of NPS pollution. The Reservation contains two disperse population centers located down river, near the mouth of the Klamath River near Klamath and Requa and up river, near the confluence of the Trinity and Klamath Rivers near Weitchpec. Undeveloped industrial timberland separates the two population centers (Figure 3). Accordingly, the Reservation can be described as three distinct areas. The first area is the Lower Reservation located in Del Norte County, near the Klamath River mouth. The Lower Reservation is composed of both trust and fee land that includes parcels that support the Tribal Administration Building; the commercial fishery facility at Requa; numerous campground and RV parks; Margaret Keating Elementary School; commercial facilities including a hotel and gas station; solid waste transfer and recycling; numerous residential parcels that support housing, subsistence, cultural, and ceremonial activities; industrial timberland; and undeveloped/grazing lands. The second area, known as the Upper Reservation, is located in Humboldt County and covers lands above the December 2012 AES 4 Yurok Tribe, California NPS Assessment and Management Program Plan December 2012 AES 5 Yurok Tribe, California NPS Assessment and Management Program Plan confluence of the Klamath and Trinity Rivers to the termination of Highway 169 north of Wautec. The Upper Reservation consists of fee and trust lands that support tribal government operations, surface mining, solid waste transfer and recycling, the Yurok Ke’Pel Headstart Program, a veterans cemetery, commercial operations (gas station), and residential parcels with associated beneficial uses for subsistence, cultural, and ceremonial activities. The third area is known as the Central Reservation and represents the undeveloped timberlands between Klamath Glen to the north and Wautec to the south. These lands consist primarily of industrial timberland with limited access, mainly through unpaved timber roads. The Central Reservation also includes Yurok trust and fee lands. The majority of water flowing through the Reservation in the Klamath River is derived from scheduled releases of impounded water from the Upper Klamath/Trinity Basins that is often of insufficient quantity and of poor quality with regards to human needs and the needs of fish and wildlife. Water quality problems in the Upper Klamath Basin and its tributaries have been well documented in the Klamath River TMDL and numerous studies completed for the Secretarial Determination for the removal of the Klamath Hydro-Electric Project. Water quality conditions in the Lower Klamath Basin are currently being assessed and monitored by the Yurok Tribe. Hydromodification below Iron Gate and Trinity dams continues to significantly impact the rate of accumulation of sediment and pollutants, as well as the overall ability of the Lower Klamath River to transport aggraded materials out the mouth and into the Pacific Ocean. NPSs are considered to be the most widespread sources of water pollution in the Lower Klamath basin. Water temperature and sediment load impacts from logging and related road construction on the Reservation's privately held timberlands pose the highest level of threat. A number of potential hazards, stemming from illegal dumpsites and inadequate sewage disposal practices, moderately threaten soil and water quality. In addition, clandestine marijuana growing operations on and adjacent to the Reservation are an emerging threat to water quality that the Tribe has recently begun evaluating. The following are believed to be the most significant causes of NPS water quality impairment on Yurok Reservation lands: Road construction, runoff, road prism failures; Transport of byproducts of aggregate processing; Commercial enterprises; Agriculture (in particular cattle grazing); Industrial application of forestry pesticides on private timberlands Landscape modification; Logging; Illegal dumping; Runoff from residential properties; Failing/failed septic systems and underground storage tanks; Clandestine marijuana growing operations; Illegal water diversions; and Off-reservation sources (includes all of above plus agricultural runoff, municipal effluents and thermal effects of dams and diversions). December 2012 AES 6 Yurok Tribe, California NPS Assessment and Management Program Plan Based on the total acreage of the Reservation, dispersion between population centers, and number of tributary creeks, representative land uses on the Reservation were assessed in this NPSAMPP to determine the level of impairment of Reservation waters. The land uses predominantly affecting water quality on the Reservation are timber harvesting (including associated roadways), commercial and other urban development, agriculture (cattle grazing), and urban runoff. Through visual observation of Reservation waters and drainage patterns as well as monitoring of representative Reservation waters, the Tribe identified categories of NPS pollution on the Reservation that are impacting water quality, as shown below. The Tribe then ranked the identified categories of NPS pollution based on the contribution to impairment of Reservation waters. Silviculture Impairment Ranking = Major impairment source. Hyrdomodification and Habitat Alteration Impairment Ranking = Major impairment source. Construction (Roadway and Land Development) Impairment Ranking = Major impairment source. Urban runoff (Surface Runoff including USTs, landfills, leachfields, septic systems, and illegal dumpsites) Impairment Ranking = Moderate impairment source. Resource Extraction (Surface Mining) Impairment Ranking = Potential impairment source. Agriculture (Pasture Land and Clandestine Marijuana Growing) Impairment Ranking: = Potential impairment source. December 2012 AES 7 Yurok Tribe, California NPS Assessment and Management Program Plan SECTION 2.0 Introduction This NPSAMPP has been prepared by the Yurok Tribe in conjunction with ongoing comprehensive Tribal water quality assessment and monitoring activities of the Klamath River Basin in northern California. This NPSAMPP was prepared in accordance with the Installment Sale Agreement under the Expanded Use Program of the Clean Water State Revolving Fund for the purchase of approximately 22,495 acres of forested land along the Lower Klamath River in Humboldt County, known as the Phase 1 lands . As a condition of the loan, the Tribe entered into a Cooperative Agreement with the NCRWQCB, SWRCB, CAL FIRE, and the BIA to ensure that water quality is enhanced within or from the Phase 1 lands by meeting or exceeding applicable provisions of the State NPS Program Plan. A component of the Cooperative Agreement requires the Tribe to develop a revised NPS Management Program incorporating all the components outlined in 33 U.S.C. Section 1329(b)(2), commonly referred to as Section 319 of the Clean Water Act, which outlines the required components of a NPS Management Program. The NPS Management Program must also be consistent with the State Water Quality Control Plan for Enclosed Bays and Estuaries. While the Cooperative Agreement is limited to Phase 1 lands, this NPSAMPP addresses the entirety of lands within the Yurok Reservation and Yurok Tribal lands outside of the Reservation. This NPSAMPP identifies possible sources of NPS pollution, describes the processes and programs needed for the Tribe to address NPS pollution, and presents programs and practices for the Tribe to implement to reduce NPS pollution on the reservation and Tribal properties. The NPSAMPP is comprehensive in scope. The assessment portion (Section 1.0 through Section 9.0) describes the Reservation waters, NPS-related water quality and quantity problems, and existing, potential and historical beneficial uses both on the Yurok Reservation and in waters entering the Reservation from the identified program area (i.e., Klamath River Basin). The management program plan (Section 10) identifies criteria, guidelines, and best management practices (BMPs to be implemented by the Yurok Tribe). The BMPs identified in the management program plan were selected to provide consistency with Tribal policy and governing authority. For the Phase 1 lands, the BMPs meet or exceed the NPS management practices of the SWRCB’s NPS Program Plan outlined in Exhibit A, Section 1 of the Installment Sale Agreement. The NPSAMPP also addresses restoration projects under consideration for CWA Section 319(h) funding, which will assist with the control of NPS pollution on the Yurok Reservation and throughout the Lower Klamath River Basin. The Tribe will continue to apply for competitive and base CWA Section 319(h) and other sources of funding to establish and fund these programs and practices. 2.1 Yurok Tribe The Yurok Tribe (Tribe) is a federally recognized Indian tribe based on the Yurok Reservation, which parallels and encompasses the lower reach of the Klamath River. The Reservation and Yurok ancestral territory is located in the North Coast region between Arcata and Crescent City in an isolated region of Northwest California. The Reservation consists of lands one mile on each side of the lower 46 miles of the Klamath River from just above the confluence of the Trinity River at Weitchpec to the mouth of the river as it flows into the Pacific Ocean. Reservation lands include parts of Humboldt and Del Norte Counties, two of the largest land based counties in the state of California (Figure 1). The Tribe has been federally recognized since 1851 and December 2012 AES 8 Yurok Tribe, California NPS Assessment and Management Program Plan the contemporary Tribal government has been formally organized since 1993, when the Tribe’s constitution was adopted. The United States Government established the Lower Klamath Reserve in 1855 within Yurok ancestral territory. However, the Yurok people continued and maintained their traditional rights and inherent rights, including hunting, fishing, gathering and ceremonial traditions on their ancestral territory. In 1891, by Executive Order, President Benjamin Harrison extended the Hoopa Valley Reservation to include a tract of land one mile in width on each side of the Klamath River from the confluence of the Trinity River in Weitchpec to the shores of the Pacific Ocean. Yurok Tribe Lodge In 1988, Congress enacted the Hoopa Yurok Settlement Act (HYSA). The HYSA established the Yurok Reservation as the Hoopa Extension, encompassing approximately 56,000 acres.1 The HYSA also laid out a process for formal organization of the Yurok Tribe through an Interim Council. That Interim Council was elected in 1991 and guided the Yurok Tribe through the organization process, culminating in certification of the Constitution of the Yurok Tribe (Yurok Constitution) on November 24, 1993, and election of the first Council on March 17, 1994. The Yurok Constitution exerts jurisdiction throughout Yurok Ancestral Territory and over Tribal members, “wherever located, to all persons throughout its territory, and within its territory, over all lands, waters, river beds, submerged lands, properties, air space, minerals, fish, forests, wildlife, and other resources, and any interest therein now or in the future.” The Yurok Constitution expressly delegates authority from the Yurok membership to Council and authorizes Council to exercise all legislative powers with “authority to enact legislation, rules and regulations” to further Tribal objectives. Those objectives, enumerated in the Preamble of the Yurok Constitution, include providing for the “health, education, economy, and social wellbeing” of its members and restoring, enhancing, and managing all natural resources. Council also maintains constitutional authority to “administer and regulate affairs, persons and transactions within Tribal Territory” and to manage Tribal lands. The Yurok Tribe is governed by an elected Tribal Council, with seven Council members representing separate districts (Orick, South, East, Pecwan, Weitchpec, Requa, and North), and the Council Chairperson and ViceChairperson representing the Tribe at large. The Tribe’s government consists of thirty major Tribal departments including, but not limited to, Public Safety, Tribal Court, Community & Social Services (Social 1 Hoopa-Yurok Settlement Act, Public Law 100-580 (Oct. 31, 1988) as amended, codified at 25 U.S.C. § 1300i et seq. See Appendix F. December 2012 AES 9 Yurok Tribe, California NPS Assessment and Management Program Plan Services, Education, Elder Services), Natural Resources (Fisheries, Forestry, Wildlife, Environmental), Cultural Resources, Education, Community Development & Public Works (Planning, Transportation, Road Maintenance, Public Utilities, Facility Maintenance, Land Management), Office of Self Governance, and Tribal Employment Rights Office. Tribal Authorities, Ordinances, and Certification of Legal Authority The Yurok people, inherent sovereignty, and the Yurok Constitution are the sources of the Tribal government’s authority to carry out current governmental functions. The Yurok Constitution exerts jurisdiction throughout Yurok Ancestral Territory and over Tribal members, “wherever located, to all persons throughout its territory, and within its territory, over all lands, waters, river beds, submerged lands, properties, air space, minerals, fish, forests, wildlife, and other resources, and any interest therein now or in the future.” Section 5(a) of Article IV of the Tribal Constitution expressly delegates authority from the Yurok membership to Council and authorizes Council to exercise all legislative powers with: “…authority to enact legislation, rules and regulations not inconsistent with this Constitution to further the objectives of the Yurok Tribe as reflected in the Preamble to this Constitution; administer and regulate affairs, persons and transactions within Tribal Territory; enact civil and criminal laws; … manage Tribal lands and assets and appropriate and authorize the expenditure of funds owned by or available to the Yurok Tribe; charter and regulate corporations and entities of all kinds.” The Constitution vests judicial power in a Tribal Court to be established by ordinance. Article VII of the Constitution states that: “The judicial power of the Yurok Tribe shall be vested in such Tribal court(s) as may from time to time be established by ordinances enacted for that purpose. Said ordinances shall ensure the impartiality and independence of the Judiciary by specifying causes and procedures for removal and prescribing reductions in rates of compensation greater than those that may be applied to the Yurok Tribal Council and/or the Tribal Chairperson; define the jurisdiction of each court created thereunder; specify the manner of selection, term of office and qualifications of judges; and provide for the adoption of the procedures under which each such court shall function. In special circumstances as defined by appropriate ordinance, the Yurok Tribal Council shall sit as a Tribal trial or appellate court. The Tribal judicial system, whenever possible, shall give full recognition and weight to Tribal customs, including traditional methods of mediation and dispute resolution.” The Judicial Branch Ordinance vests Tribal Court with jurisdiction throughout the entire Yurok Reservation to hear matters related to the Yurok Constitution and to construe and enforce Tribal ordinances and policies. Tribal Court maintains jurisdiction over Tribal members and over nonmembers whose actions, presence, or consent place them within Tribal Court jurisdiction. For legislative and other major actions, the Tribal government abides by the Yurok Tribe Public Hearing Ordinance. That ordinance requires that the Tribe provide for notice and at least two public hearings prior to December 2012 AES 10 Yurok Tribe, California NPS Assessment and Management Program Plan adopting new legislation. This ordinance ensures Tribal members maintain input and participation in adopting legislation or major actions. In the Tribe’s previous submittal for Treatment as a State under the Section 319 program, EPA found that the Tribe has adequately demonstrated its capability to administer an NPS program (refer to Appendix A). The Tribe’s enforcement mechanisms meet or exceed the authority contained in the Clean Water Act § 504 as the Tribe maintains and may exercise its rights at law or in equity and may obtain remedies pursuant to federal, state and Tribal law. Therefore, the Tribe has adequate Tribal authority to regulate, manage, and protect water resources within the Yurok Reservation and on Tribal lands. The Tribe actually exercises that authority under the Constitution and may take appropriate enforcement action pursuant to federal, state, and Tribal law in courts of competent jurisdiction. In 2004, the Yurok Tribe adopted the Yurok Tribe Water Pollution Control Ordinance (WPCO) and Water Quality Control Plan for the Yurok Indian Reservation (WQCP) by Resolution 04-46. The WPCO and WQCP apply to all federal, state, county and Tribal government actions that have the potential to affect waters of the Yurok Reservation. The WPCO and WQCP prohibit certain activities and require compliance with any water quality certification issued under the WPCO and WQCP. The WPCO authorizes YTEP to enforce its provisions. This reservation-wide jurisdiction over water quality is also consistent with the broad language of CWA sections 106 and 319, which provide funding and guidance for Tribes to develop watershed-based water pollution programs for lands both on and off of a reservation in order to protect water quality related to reservation waters. YTEP YTEP is primarily responsible for administering Tribal environmental programs. YTEP’s mission is to protect and manage the land, air, and water resources of the Yurok Reservation for the benefit of current and future generations of Tribal members. YTEP implements environmental monitoring, data collection, management, and reporting in accordance with USEPA standards for the Yurok Reservation. Environmental research and education efforts span throughout Yurok Ancestral lands and include the Yurok Reservation. In addition to water quality administration, YTEP oversees regulatory actions subject to Yurok Tribal environmental codes, Council resolutions, and ordinances for the Yurok Reservation, such as the Yurok Tribe Air Quality Ordinance, Underground Storage Tank Ordinance, and Illegal Dumping Ordinance, Abandoned Vehicle Abatement Ordinance, and Pesticide Resolution 96-23. YTEP, along with other Tribal departments, is represented on the Committee overseeing permitting under the Yurok Tribe Mining Ordinance. YTEP partners with Yurok Public Safety, the EPA, and Humboldt and Del Norte Counties on issues requiring environmental enforcement to protect Yurok air, land, and water resources. YTEP is administered by a Director and consists of three divisions: Community & Ecosystems, Water, and Pollution Prevention. The Water Division is responsible for water quality monitoring, wetlands program development, and regulatory and enforcement activities under provisions of the WQCP and WPCO and the federal Clean Water Act. The Water Division conducts assessments and issues water quality permits to state, county, and federal agencies to protect water quality on the Yurok Reservation. YTEP’s Pollution Prevention Division works to reduce solid and hazardous waste impacts on the Yurok Reservation by remediating existing impacts and taking measures to prevent future impacts. In 2010, YTEP created the Source Water Assessment Program (SWAP) and began the first phase of its Source Water Assessments of all tribal drinking water supplies by identifying the area of land that most directly contributes raw (untreated) water used for drinking December 2012 AES 11 Yurok Tribe, California NPS Assessment and Management Program Plan water. The SWAP aims to prevent hazardous substances from releasing deadly toxins where they may degrade the quality of drinking water. The desired outcome of the SWAP is to guide tribal members for the protection of their water supplies -- a goal that will one day ensure that all current and future tribal drinking water sources remain pristine and contaminant free through protection efforts. The objectives of the assessments for SWAP are: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. To delineate source water assessment areas for all public water systems in accordance with methods outlined in USEPA and YTEPs SWAP documents; To identify actual and potential contaminant sources for both point source and nonpoint source locations, including land uses within the assessment areas; To assess the vulnerability to contamination of each water system; To communicate the results to tribal members, tribal departments, and local area agencies as needed; To ensure the highest quality raw water source by establishing source protection as a first barrier in a multiple barrier treatment train; To protect the health of individuals of all tribal members using water supplied by public systems; To maintain the long-term viability of drinking water resources; To increase public awareness and appreciation for drinking water supplies by establishing partnerships with citizens to promote source protection initiatives; To prevent increased cost or reduce treatment costs for water suppliers; and To protect the public investment in the infrastructure associated with water sources. The Community and Ecosystems Division of YTEP, which includes the Air Quality Program, researches aquatic subsistence resources, potential contaminants such as pesticides, and potential impacts on Tribal member health. It also began identifying and assessing potential environmental impacts on the Yurok Tribe and its members and resources as a result of climate change. YTEP utilizes state of the art technology and science to address environmental problems and issues identified as priorities by the Yurok Tribal Council and Tribal Membership. YTEP follows a Community Based Participatory Research approach in all environmental research projects, involving the Tribal membership in the research design and research questions, as well as appropriate research methods. YTFP The Yurok Tribe Fisheries Program (YTFP) has worked throughout the Klamath-Trinity Basin to conserve, restore, and manage the fisheries resources of the basin for current and future generations of Yurok people. YTFP manages and monitors the Tribal fishery pursuant to the Yurok Tribe Fishing Rights Ordinance. YTFP has been active in preparing the path for removal of the four dams on the Klamath River by providing technical input, attending meetings, and reviewing the work products and reports of several federal teams. They have also reviewed and commented on the draft Klamath Facilities Removal Environmental Impact Statement/Environmental Impact Report and worked closely with the expert panels providing information to the Secretary of the Interior regarding the benefits of dam removal. December 2012 AES 12 Yurok Tribe, California NPS Assessment and Management Program Plan In addition to policy and management, YTFP is also devoted to restoration and monitoring of Yurok Reservation tributaries and Klamath River estuary. YTFP staff have conducted restoration projects in the lower Klamath River, including building complex engineered log jams and off-channel habitat that is critical to Chinook and coho salmon. YTFP has numerous ongoing projects, such as conducting spawning ground surveys, green sturgeon radio telemetry work, juvenile salmon out-migration monitoring, and a Basin-Wide juvenile coho ecology project. Yurok Tribe Forestry Department The Yurok Tribe Forestry Department (YTFD), in partnership with the BIA and the California Department of Forestry and Fire Protection (CAL FIRE), oversees Tribal timber harvest on Tribal trust and fee lands both within and outside of the Yurok Reservation, playing a critical role in the management of Tribal property. YTFD evaluated over 22,000 acres of fee land recently acquired by the Yurok Tribe for potential timber harvest and prairie restoration areas, cultural and riparian areas, and animal habitats. YTFD has begun integrating multiple carbon sequestration projects into its overall forest management program. These carbon projects provide an opportunity to maintain an extensive amount of timber on Tribal land but still ensure sufficient revenue to actively manage that land. YTFD works closely with the Roads Maintenance Division of the Yurok Tribe Watershed Restoration Department to inventory Tribal roads and identify excess and problem roads for maintenance and potential removal. Yurok Tribe Watershed Restoration Department The Yurok Tribe Watershed Restoration Department (YTWRD) is dedicated to restoring aquatic spawning habitat conditions within the Lower Klamath River tributaries to a level that supports viable, self-sustaining populations of native salmonids. For this work, the department receives extensive funding from the US Fish and Wildlife Service and the California Department of Fish and Game, among others. YTWRD works throughout the Yurok Reservation to maintain and improve Tribal roads 2.2 Reservation Waters The Klamath River defines the exact shape of the Reservation. The Reservation consists of an approximately 56,000-acre corridor of land including the Klamath River, and extends for one mile from each side of the Klamath River (Figure 4). Reservation waters are defined by Tribal ordinance as all surface and underground water within, flowing through, or bordering the Reservation. This includes those waterways on Tribal fee land that are hydraulically connected to the Klamath River. The segment of the Klamath River running through the Reservation is approximately 46 miles long, or about 16% of the total length of the Klamath River measured from the outlet of Upper Klamath Lake to the Pacific Ocean. The Lower Klamath River, many major tributaries that extend beyond the Reservation entering the Klamath below the Trinity River confluence, and associated groundwater repositories support the household water needs of Reservation residents and the habitat needs of a diverse fishery and aquatic ecosystem. The Yurok people have traditional and contemporary importance attached to the fisheries associated with the rivers and water. Increased flows of clean water are essential to the long-term viability of the fisheries and cultures of salmon. December 2012 AES 13 Yurok Tribe, California NPS Assessment and Management Program Plan December 2012 AES 14 Yurok Tribe, California NPS Assessment and Management Program Plan Groundwater The groundwater basin on the lower Klamath is restricted to alluvial fans at the mouth of principal tributaries and the terrace and floodplain deposits adjacent to the Klamath River. Subsurface deposits range in depth from a few feet along the valley floor to a maximum of about 80 feet along the terraces bordering the river. While over half of the households on the Reservation rely on surface sources for their domestic water supply, the remaining populations rely on groundwater wells usually from community or multi-household systems. The locations and other basic characteristics of all known wells, active and inactive, on the Yurok Reservation are being cataloged as part of the Tribe’s Source Water Assessment Program. 2.3 Objectives and Goals of the Report The goal of the NPSAMPP is to assist with the development of the Tribe’s NPS management program while incorporating the BMPs of the SWRCB’s NPS Program Plan outlined in Exhibit A, Section 1 of the Installment Sale Agreement of the State Revolving Fund Program. The NPSAMPP will be used to fulfill the funding requirements under Section 319 (h) of the Clean Water Act and the contractual requirements of the Cooperative Agreement and Install Sale Agreement related to the purchase by the Tribe of the Phase 1 lands along the central and upper portion of the Reservation. The goals of the two reports are to identify NPS pollution problem areas, and provide a definitive program of actions designed to preserve and enhance water quality on the Reservation, with management provisions consistent with those of the SWRCB’s California Management Measures for Polluted Runoff Nonpoint Source Program Strategy and Implementation and corresponding California Management Measures for Polluted Runoff. This Report assesses current and past water quality issues to determine the need for continued monitoring of water resources and implementation of BMPs to reduce NPS pollutant loads to Reservation waters. Objectives of this Report are as follows: Objective 1: Assess the quality of the Reservation waters to link land use practices on the Reservation to water quality. Goal: Develop and implement Tribal policies and ordinances to reduce the water quality impacts of land uses (commercial, silviculture, governmental, agricultural, mining, and residential) to Reservation waters. Develop Tribal policies to incorporate NPS pollution prevention and management provisions into Tribal operations, commercial operations, and private operations (where feasible and within Tribal jurisdiction). Objective 2: Develop strategies and activities to increase the health of the Reservation waters. Goal: Encourage and promote community awareness of the effects and importance of activities such as open dump cleanups, habitat restoration, erosion control, and other programs to restore the health of the Reservation waters for all beneficial uses. Objective 3: Determine the most effective BMPs to protect water quality in the future. December 2012 AES 15 Yurok Tribe, California NPS Assessment and Management Program Plan Goal: Choose and implement BMPs for integration into the NPS Management Program Plan, including BMPs that meet the following SWRCB NPS Program Plan management measures for Phase 1 lands: elimination of pesticide use, increased stream buffering, longer timber harvest rotations, elimination of clear cutting, road decommissioning, and establishment of carbon reserves. 2.4 Public Participation NPS pollution is a community-wide issue and successful implementation of a Tribal management program will rely upon relationships between Tribal and non-Tribal community members. Therefore, the Tribe sought public input on this NPSAMPP by engaging public agencies that have a role in managing or protecting natural resources and by releasing a draft version of this document for a 30 day public comment period. Public notice was made by announcing the release of the document in the Tribe’s newsletter, official website and social media site. A hardcopy was placed at the Weitchpec and Klamath Tribal offices and available for public viewing for the purpose of providing comments to YTEP to be incorporated into the final version prior to submittal to SWRCB and USEPA. YTEP reviewed all comments that were received and considered them thoroughly before making appropriate changes to the document. December 2012 AES 16 Yurok Tribe, California NPS Assessment and Management Program Plan SECTION 3.0 Methodology 3.1 Data Sources YTEP’s monitoring program began in 2001 with EPA’s approval of the YTEP Quality Assurance Program Plan (QAPP) for Water Quality Assessment and Monitoring. YTEP developed its comprehensive monitoring programs to study surface water quality dynamics in order to establish baseline conditions over a wide array of water year types, to track both temporal and spatial trends, and to evaluate the effects of management and regulatory actions in the Lower Klamath River Basin over the long term. These data collection efforts are part of an endeavor to build a multi-year database on the Lower Klamath River Basin. Numerous published reports are available on the Yurok Tribe’s website, and referenced throughout the NPSAMPP. The quantitative assessment of Reservation waters was conducted utilizing the historical data collected by YTEP. Although YTEP actively samples Reservation waterways, due to the size of the Lower Klamath watershed, water quality data is not available for a majority of waterways on the Reservation. Accordingly, a visual assessment of the study area for NPS pollution sources was conducted in September 2012. NPS pollution sources were assessed based on the representative land uses and distance/gradient to Reservation waters. NPS sources were then ranked based on the potential for adverse impacts to water quality on the study area and difficulty for implementation of potential NPS source controls. If an NPS pollution source was located adjacent to the banks or within the higher gradient reaches of the study area Reservation waters, then the source was considered to constitute a potential source of degradation of water quality on the Reservation. In addition to the visual assessment, NPS pollution and water quality were evaluated using resources from the USEPA, the NCRWQCB, and from environmental reviews of projects within the watershed. 3.2 Data Management Quantitative data utilized in this NPSAMPP is collected in accordance with a QAPP for Water Quality Assessment and Monitoring that was recently revised and approved by the USEPA on May 2, 2012. December 2012 AES 17 Yurok Tribe, California NPS Assessment and Management Program Plan SECTION 4.0 Land Use 4.1 Physiographic Characteristics of the Reservation Geology The Yurok Reservation lands lie atop three distinct geologic systems. The Franciscan formation is found from the river mouth up to Roach Creek. Between Roach Creek and Morek Creek lies a small section of Upper Jurassic marine sedimentary and metasedimentary rocks. From Morek Creek to the upper Reservation boundary, the geology consists of Pre-Cretaceous metasedimentary rocks.2 A 1995 watershed restoration report prepared for the California Coastal Commission states that compared with the rest of the Klamath basin, the lower basin is much more erosion-prone and is underlain by ancient, deep-seated, inactive landslides. The authors note that the lower basin soils tend to erode deeply when disturbed by natural events, logging, or road construction.3 Climate The Mediterranean climate of the area is characterized by hot, dry summers and cool, moist winters. The portion of the Yurok Reservation near the Klamath River mouth has a strong maritime influence, which diminishes upriver. The average annual temperature of the valley is 57 degrees Fahrenheit, and the average annual precipitation is around 70 inches, falling mostly between October and April. There are two distinct climates that occur within the Reservation, including the coast which receives approximately 85 inches of rain and the inland valley that receives approximately 60 inches of rain. Snow usually occurs only in moderate amounts above 2,000-foot elevation. Topography Except for occasional side hill benches and riverside flats, reservation lands are all located on moderate to steep slopes within the river gorge. Approximately 38% of Reservation lands have slopes ranging between 0 to 30 percent rise, 43% have slopes between 30 and 50 percent rise, 13% have slopes between 50 and 65 percent rise, and 6% have slopes greater than 65 percent rise. Elevations on the Reservation range from sea level to 2,500 feet above mean sea level. The mountainous terrain has severely restricted development on the Reservation, with a majority of the development located adjacent to the Klamath River near the confluence of the Trinity and Klamath Rivers at the southern end of the Upper Reservation and along the mouth and estuary of the Klamath River near the communities of Klamath Glenn, Klamath, and Requa. Soils The steep terrain, granular soil matrix, high precipitation, and historic and current land use practices within and adjacent to the Yurok Reservation have produced erodible conditions throughout the area. Landslides occur frequently. These soil conditions make road conditions difficult to stabilize and cause considerable siltation and turbidity problems in the Klamath River and its tributaries. 2 Klamath River Basin Fisheries Task Force. Long Range Plan for the Klamath River Basin Conservation Area Fishery Restoration Program. January 1991. 3 Balance Hydrologics, Inc. Background Report and Strategic Workplan for Watershed Restoration Planning: Lower Klamath River, California December 2012 AES 18 Yurok Tribe, California NPS Assessment and Management Program Plan 4.2 Land Use and Socioeconomics The Yurok Reservation is composed of an assortment of Tribal trust, Tribal fee, allotment, Tribal member fee, nonmember fee, and county, state, and federal government lands. Table 1 provides an overview of land ownership and acreage within the 55,890 acre Reservation. The Yurok Tribe recently acquired in fee 22,495 acres of timber land in the Klamath River watershed that lies both within and outside of the Reservation. The Tribe is in the process of acquiring an additional 25,110 acres adjacent to and to the north and west of that acquisition from a private landowner. Of those 25,110 acres, 6,065 acres are located within the Reservation. This would increase total Tribal fee and trust acreage within the Reservation to approximately 17,000 acres. TABLE 1 Land Ownership and Acreage within the Yurok Reservation Yurok Reservation Tribal Trust Yurok Tribal Fee Unresolved Tribal Trust Allotments Tribal Member Fee Land Private Fee County State Federal Acreage* 3,674 7,287 340 2,022 1,795 38,481 190 250 1,850 Total Reservation Acreage 55,890 *Acreage is approximate and for reference only There are very few urban areas on the Reservation with a majority of the population centered around Klamath in the Lower Reservation and Weitchpec in the Upper Reservation. The communities are located in scattered towns and villages along highways U.S. 101, U.S. 169, U.S. 96, and other rural tribal and county roads. Table 2 provides a breakdown of the Yurok Reservation Communities. Socioeconomics The Yurok Tribe is the largest Tribe in California with over 5,700 Tribal members. The Tribal government employs over 250 people, 70 percent of whom are Tribal members. In addition, the Tribe employs seasonal workers in areas such as fisheries, forestry, fire prevention, and other programs bringing the total number to approximately 350 employees. The region is considered severely economically disadvantaged as compared to state and national economic standards with approximately 80 percent unemployment rates in portions of the Reservation. The steep river valley creates development challenges. Undevelopable and degraded land, along with insufficient infrastructure greatly challenge the Tribe’s efforts to create a strong sustainable Tribal and local economy. In the upper portion of the Reservation, nearly 50 percent of homes are without electricity, phones, and broadband communications. December 2012 AES 19 Yurok Tribe, California NPS Assessment and Management Program Plan TABLE 2 Yurok Reservation Communities Approximate Acreage 1184 2414 519 1758 2026 230 7850 10307 1755 2442 2216 3181 Community Requa Weykem Klamath Klamath Glen Klamath Townsite Ah-Pah Wautec/Pecwan/Kautep/Mettah/Morek/Sregon McKinnon Hill/Kepel/Notchko Wausek Tully Creek/Kenick Bald Hills Weitchpec Total percentage of Yurok Reservation % of Total Reservation 2.1% 4.3% 0.9% 3.1% 3.6% 0.4% 14.0% 18.4% 3.1% 4.4% 4.0% 5.7% 64.2% SOURCE: Yurok Draft Land Use Plan, 2012. December 2012 AES 20 Yurok Tribe, California NPS Assessment and Management Program Plan SECTION 5.0 Surface and Groundwater Quality Summary The Yurok Reservation is located at the lower end of the Klamath River Basin as shown in Figure 4. The Klamath River flows through the Yurok Reservation into the Pacific Ocean near the village of Requa. The Klamath Basin is 15,751 square-miles, 35% of which is in Oregon and the remaining 65% in California. Depending on the time of year, a large portion of the water flowing onto the Yurok Reservation may be derived from scheduled releases of impounded water from the Upper Klamath and Trinity River Basins. Releases from the Klamath River are from Iron Gate Dam and the Trinity River releases originate from Lewiston Dam. There are several tributaries that are downstream of both of these dams that also deliver water to the Klamath and Trinity Rivers before it enters the Yurok Reservation. 5.1 Hydrologic Setting The Reservation and associated off-Reservation tributaries to the Klamath River are located in the Klamath Glenn Hydrologic Subarea (HSA) of the Lower Klamath River Hydrologic Area (HA) and Hydrologic Unit (HU) [USGS hydrologic unit code (HUC) 18010209]. There are numerous water bodies within the Yurok Reservation, the most significant of which are the Klamath River, Trinity River, Blue Creek, and the Pacific Ocean. There are many tributaries that originate outside of and flow into the Klamath River within the Yurok Reservation exterior boundaries, including 53 named tributaries and approximately 100 unnamed tributaries that are located within the Yurok Reservation exterior boundaries. 5.2 Surface Waters Reservation waters includes streams and creeks located on the Reservation, including those that originate offReservation but flow through the Reservation, that exhibit hydrologic connectivity to the Klamath River. The beneficial uses of Reservation waters as identified in the WQCP for the Lower Klamath River watershed are defined in Table 3. The beneficial use designations of Reservation waters are included in Table 2 of the WQCP (Appendix B). Blue Creek December 2012 AES 21 Yurok Tribe, California NPS Assessment and Management Program Plan TABLE 3 Beneficial Use Definitions Beneficial Use Definition Agricultural Supply (AGR) Uses of water for farming, horticulture, or ranching including, but not limited to irrigation, stock watering, or support of vegetation for range grazing. Preservation of Areas of Special Biological Significance (BIO) Includes marine life refuges, ecological reserves and designated areas of special biological significance; areas where kelp propagation and maintenance are features of the marine environment requiring special protection. Cold Freshwater Habitat (COL) Uses of water that support cold water ecosystems including, but not limited to, preservation or enhancement of aquatic habitats, vegetation, fish, or wildlife, including invertebrates. Commercial and Sport Fishing (COMM) Uses of water for commercial or recreational collection of fish, shellfish, or other organisms including, but not limited to, uses involving organisms intended for human consumption or bait purposes. Cultural (CUL) Uses of water for ceremony and other cultural activities as defined by Yurok tradition. Estuarine Habitat (EST) Uses of water that support estuarine ecosystems including, but not limited to, preservation or enhancement of estuarine habitats, vegetation, fish, shellfish, or wildlife. Freshwater Replenishment (FRSH) Uses of water for natural or artificial maintenance of surface water quantity or quality (e.g., salinity). Groundwater Recharge (GW) Uses of water for natural or artificial recharge of groundwater for purposes of future extraction, maintenance of water quality, or halting of saltwater intrusion into freshwater aquifers Marine Habitat (MAR) Uses of water that support marine ecosystems including, but not limited to, preservation or enhancement of marine habitats, vegetation such as kelp, fish, shellfish, or wildlife. Migration of Aquatic Organisms (MGR) Uses of water that support habitats necessary for migration or other temporary activities by aquatic organisms, such as anadromous fish. Municipal and Domestic Supply (MUN) Uses of water for community or individual water supply systems including, but not limited to, drinking water. Hydropower Generation (PWR) Uses of water for hydropower generation. Navigation (NAV) Uses of water used for travel, or other transportation by private or commercial vessels. Rare, Threatened, or Endangered Species (RARE) Uses of water that support habitats necessary, at least in part, for the survival and successful maintenance of plant or animal species established under state or federal law as rare, threatened or endangered. Water Contact Recreation (REC-1) Uses of water for recreational activities involving body contact with water, where ingestion of water is reasonably possible. Non-Contact Water Recreation (REC-2) Uses of water for recreational activities involving proximity to water, but not normally involving body contact with water, where ingestion of water is reasonably possible. Spawning, Reproduction, and/or Early Development (SPN) Uses of water that support high quality aquatic habitats suitable for reproduction and early development of fish. Warm Freshwater Habitat (WARM) Uses of water that support warm water ecosystems. December 2012 AES 22 Yurok Tribe, California NPS Assessment and Management Program Plan Beneficial Use Definition Wildlife Habitat (WLD) Uses of water that support terrestrial ecosystems including, but not limited to, preservation and enhancement of terrestrial habitats, vegetation, wildlife, or wildlife water and food sources. Wetlands Due to the restriction of agricultural, residential, and commercial development largely to the valley floor and flood plains, long term loss of wetlands in upland areas has been minimal. Some upland riparian wetlands undoubtedly have been lost to road construction or streamcourse alterations. Past logging practices may have contributed to downcutting of drainages or sediment deposition in some areas, altering or destroying riparian vegetation. Changes in species composition have undoubtedly occurred due to logging near to or within the riparian corridors. No attempt was made to quantify change in wetland quality or loss of wetlands as a result of these factors. In contrast, decline in the amount or quality of wetlands on the valley floor has been significant over the past 50 to 60 years. Black cottonwood/alder swamp and other stagnant wetlands were historically widespread in the valley, associated with the mouths of some drainages. Flat, moist, and fertile land would have been desirable for farming and settlements. Additional wetlands were lost to mill construction and related water diversions later in the first half of the century. There is a current effort in the Tribe to build a wetland monitoring program and to integrate wetland monitoring into existing programs. The goal of this effort is to achieve a zero net loss in Reservation wetlands. Surrounding the larger brackish or mainstem section of the Klamath River Estuary (KRE) are several freshwater wetland complexes (WCs) which are fed by tributary streams. These include the Richardson Creek, Spruce Creek, Salt Creek, Panther Pond, and Waukell Creek WCs. In addition to the freshwater WCs adjacent to the KRE, there is a very large wetland complex known as the South Slough that is located in the southern portion of the KRE. This WC is bordered by Redwood National Park to the south and the Klamath River to the northwest. Created by deposits of gravel and sediment, the large island type of land contains several large channels and many smaller branching arms. Much of the channels are under tidal influence while higher elevated wetlands are subject to seasonal flooding of the Klamath River. This WC contains characteristics of estuarine and freshwater wetland types. Waukell Creek WC December 2012 AES Salt Creek WC 23 Yurok Tribe, California NPS Assessment and Management Program Plan Many of the historical wetlands on the north side of the KRE have been degraded due to unregulated land use and alterations. Large wetlands have been converted into hay fields or grass pastures for cattle. The wetland conversion process has involved channelizing and rerouting of streams, ditching, building dikes and levees to control flood flows, and filling and grading. Much of the natural sinuosity and meander of tributaries to the estuary have been altered. The ability for streams to breach their banks and access the flood plain has been minimized. All of the tributaries to the estuary have had some form of these conversions. Currently, cattle grazing takes place on the north side of the estuary in former highly functioning wetlands that have been converted. Much of the pasture land available to cattle is not completely dry but still maintains wet characteristics. Aerial photographs dating back to the early 1900’s reveal that these freshwater WCs no longer maintain the hydrologic relationships they once had with the estuary due to severe man-made manipulations of the landscape. For example, the large WC formerly known as Hunter Slough, which historically consisted of anatomizing slough, ponds, and wetland marsh features, no longer exists. 5.3 Groundwater The Lower Klamath River Valley Groundwater Basin (Basin) is restricted to alluvial fans at the mouth of principal tributaries and the terrace and floodplain deposits adjacent to the Klamath River. A majority of the Basin is located on the Reservation. Subsurface deposits range in depth from a few feet along the valley floor to a maximum of about 80 feet along the terraces bordering the river. Groundwater recharge is primarily from two sources: 1) precipitation and surface runoff infiltration, and 2) percolation of water through soils adjacent to perennial stream channels. The alluvial deposits are largely sand and gravel, with moderate to high permeability, allowing water to move rapidly from recharge to discharge areas. Consequently, sustained heavy withdrawals from these aquifers during the dry summer months for domestic and agricultural uses may lower water tables and affect other groundwater users. The connectivity between groundwater and surface water occurs in a down gradient direction. Groundwater is connected from tributaries flowing into the Klamath River through alluvial deposits in the stream channel. Groundwater is unlikely to travel from one subbasin to another subbasin due to the underlying geology. 5.4 Water Quality Existing Surface Water Quality Anthropogenic activities over the past century have resulted in substantial declines to Klamath River fish runs and drastically altered or degraded associated habitats. Man-made dams and water diversions in the upper basin and diversions in several major tributaries have significantly reduced Klamath River flows and drastically altered its natural hydrograph. The combination of altered flows, increased sediment delivery rates, and a reduction in quantity and quality of tributary, KRE wetlands, and slough habitats, has greatly impacted the productivity of the estuary. In addition, as growth and infrastructure development occurs adjacent to the KRE, the impacts to valuable wetland areas in the Lower River have increased. The effects of wetland degradation surrounding the Klamath River Estuary have been strongly felt by the Yurok Tribe, particularly the fishery, but also are felt locally and regionally. Water quality problems in the Upper Klamath Basin and its tributaries are also well documented. The majority of water flowing through the Reservation is derived from scheduled releases of impounded water from the Upper Klamath/Trinity Basins that is often of poor quality with regards to human needs as well as the needs of December 2012 AES 24 Yurok Tribe, California NPS Assessment and Management Program Plan fish and wildlife. Water quality problems in the Upper Klamath Basin and its tributaries have been well documented, but comparability of data among different areas in the 15,600 square-mile watershed and sources of collection is uncertain or difficult to synthesize. Tribal Surface Water Quality Objectives The Yurok Tribe has a number of programs in place to deal with issues related to NPS pollution. Programs continue to evolve and are currently seeking to include initiatives at local, state and federal levels. The Tribe has established water quality objectives for Reservation waters. In August 2004 the Yurok Tribal Council passed the WQCP for the Yurok Reservation. The WQCP set water quality objectives for the Klamath River and its tributaries and also established a process for government agencies to apply for a Tribal water quality permit to complete projects that have the potential to impact water quality to surface waters with the Yurok Reservation. The WQCP is included as Appendix B. Existing Programs Covering over 190 river miles, the Yurok and Karuk Tribes have been collecting water quality samples throughout the lower Klamath River Basin for nutrient and algae analysis since 2001. Both Tribes coordinated with the United States Fish and Wildlife Service (USFWS) between 2001-2005 and collected samples according to USFWS’ previously formulated sampling protocols. The Yurok Tribe continues to coordinate with the USFWS to deploy and extract HOBO temperature probes at four locations on the Klamath River. The Yurok and Karuk Tribes also coordinate the collection of continuous water quality data using YSI datasondes and since 2006, the management of the water quality sampling program in the lower Klamath River. In order to help facilitate the Tribe’s water quality program, the Green Diamond Resource Company allows access to their properties not yet purchased by the Tribe to study sediment dynamics, to conduct hydrological, turbidity, and water temperature monitoring, and to collect macroinvertebrates. Data is made publicly available through the dissemination of published reports. The Klamath Basin Monitoring Program (KBMP) includes the Tribes and State and federal agencies. KBMP is involved in coordinating water quality sampling in the Klamath Basin and helps to reduce redundancy and spread information on the most up to date sampling methods and equipment being used. YTEP has been an active participant in KBMP since its inception and is a member of the Steering Committee. YTEP has participated in several multi-agency monitoring projects in the Klamath Basin to better understand water quality dynamics and limiting factors. YTEP works with YTFP in the collection of hydrological, turbidity, macroinvertebrate and water temperature data, and the study of sediment dynamics in the tributaries of the Klamath River. YTFP performs instream restoration and YTEP assists in those restoration activities and monitors the effectiveness of these activities over time and space. The YTWRD performs upslope restoration projects, such as the removal of old logging roads and failing culverts. YTEP monitors the effectiveness of these activities over time and space by operating long term monitoring stations in the streams downstream of these restoration activities. December 2012 AES 25 Yurok Tribe, California NPS Assessment and Management Program Plan US BOR and USEPA has in the past funded the collection of Klamath River and Trinity River mainstem nutrient, periphyton, algae, and cyanobacteria data, and continuous water quality data using YSI datasondes. They have also funded a wetland restoration feasibility project, in which Tribal staff is working on currently. In addition, PacifiCorp through agreements made in the Klamath Hydro-electric Settlement Agreement (KHSA) has recently become a partner in the funding of collection of Klamath River and Trinity River mainstem nutrient, periphyton, algae, and cyanobacteria data, and continuous water quality data using YSI datasondes. USEPA Region IX assists the Yurok Tribe and other sampling entities on the Klamath River in the analysis of water samples for the presence of microcystin at their Richmond lab. Surface Water Monitoring YTEP conducts nutrient, phytoplankton, and cyanobacteria grab sampling; collects periphyton samples; and operates continuous water quality datasondes for water temperature, pH, conductivity, and dissolved oxygen monitoring on the lower 46 river miles of the mainstem Klamath River and associated tributaries and the Trinity River above its convergence with the Klamath near the southern boundary of the Reservation. Sampling sites were selected based on the following criteria: Klamath River upstream of Trinity River at Weitchpec (WE) – This site provides water quality data of the Klamath River as it enters the Reservation. Trinity River upstream of Weitchpec (TR) – The Trinity River is an important tributary that enters the Klamath River near the border of the Reservation. Water temperatures in the Trinity River are generally cooler than the Klamath River during summer months and less nutrient rich. Klamath River above Tully Creek (TC) – This site is downstream of the confluence of the Klamath/Trinity Rivers and is in a well-mixed region. YTEP has conducted studies to ensure that water quality conditions at this location are homogeneous across the river channel, ensuring that samples are not biased and influenced more heavily by either the Klamath or Trinity rivers. Samples from this site capture the effect that Trinity River water quality has on flows from the mainstem Klamath. Klamath River at Turwar Creek USGS Gage (TG) – This site is near the lowermost USGS streamflow gauging station on the Klamath River near the town of Klamath, approximately 31 miles downstream of TC. How nutrients are assimilated as they travel down the mainstem Klamath is of particular interest at this site. Lower Klamath River Estuary (LES) – This location was selected to monitor water quality in the estuarine environment and also as the last point before water from the Klamath River enters the Pacific Ocean. During periods of low flow, the mouth periodically partially closes, which inundates the estuary and creates a lagoon-like habitat. Sampling at this location would enable YTEP to determine if water quality differs when the estuary becomes inundated. YTEP collects bi-weekly (every other week) samples between May and October. This time period was selected because it is when nutrients and algae impair water quality in the mainstem Klamath River. Monthly samples are collected November to April to capture late fall winter and early spring conditions when water quality is generally better than the period from May to October. Late spring through fall is also an important time for juvenile salmonid (chinook, coho, steelhead) emigration, adult spring and fall chinook migration into December 2012 AES 26 Yurok Tribe, California NPS Assessment and Management Program Plan the Klamath basin, and migration of lamprey and green sturgeon, which are all of great importance to the Yurok People. Water quality conditions may impact these species of importance and may also impact the use of the river for recreation and subsistence fishing. Bacteria surface water samples are collected as grab samples (independent, discrete samples) once per month. The sample points are a representative measure of good water mixing and represent the average water quality condition at sites regularly and habitually used by the Yurok people for recreation, ceremonial, or subsistence purposes. The locations for sampling were determined with public involvement, and are the mouth of the Klamath River (sample site KE), and points up river and down river of the community wastewater treatment area (sample sites KR>WTP and KR<WTP, respectively). This data will be used to establish background levels and determine the appropriateness of the Tribe’s standards and suggested reporting levels. Turbidity Sampling Arm (Blue Creek) Tribal Groundwater Quality Objectives In general, groundwater standards and criteria are established in the WQCP as the same as those for surface waters. The beneficial uses specified for those waters derived from groundwater sources dictate the specified standards which apply. In addition, the WQCP states that groundwaters shall not contain chemical constituents, toxicants, radioactivity, pesticides or substances at levels that produce tastes or odors in concentrations detrimental to physiological responses in human, plant, animal or aquatic life associated with designated beneficial uses. Furthermore, the WQCP states that groundwaters used for domestic or municipal supply shall not contain concentrations in excess of the maximum contaminant levels (MCLs) set forth in EPA’s Safe Drinking Water Act (SDWA). The EPA MCLs are included as Appendix C. Existing Programs The Yurok Tribe Public Utilities Department (PUD) must continually monitor drinking water quality to determine if the water quality meets thresholds set by USEPA pursuant to the SDWA. Surface water sampling results from a recent study indicate that certain legacy contaminants exist in different sections of the Klamath River within the Yurok Reservation. December 2012 AES 27 Yurok Tribe, California NPS Assessment and Management Program Plan SECTION 6.0 Results 6.1 NPS Pollution Sources The most influential source of exposure to NPS pollution on the Reservation are timber harvesting and silviculture (and associated infrastructure), landscape/hydro modification and slope failure, urban areas, and mining operations, which contribute to sedimentation, nutrient loading, and microorganism pollution of Reservation waterways. Of secondary concern are the effects from construction and associated hydrological changes to the landscape and stockpiling of construction materials/debris associated with Tribal development. In addition, clandestine marijuana growing operations have the potential to impact Reservation waters due to polluted runoff and improper grading activities to clear land for planting. Lastly, residential land uses represent a potential for pollution from trash and household hazardous waste. 6.2 Status of Reservation/Tribal Waters Due to the size of the Reservation and the number of tributaries to the Klamath River that traverse through the reservation (greater than 150 named and unnamed creeks and streams), the Tribe does not have the staffing nor funding available to monitor all Reservation waters. However, the Tribe has continually monitored representative tributaries and the Klamath River for over a decade. Surface Water Monitoring Results The following provides a summary of the most recently available surface water quality monitoring results. Temperature Water temperatures on the Lower Klamath and Trinity Rivers varied greatly during the 2011 monitoring season. Measurements at all sites showed steadily increasing temperatures from mid-February to late August, with a small decrease in late July. This was followed by generally decreasing temperatures until the end of the sampling year in mid-December. Water temperature at all sites was at its lowest in mid-December. Temperatures for the 2011 sampling season ranged from a low 3.13 ºC on December 14, to a high of 22.26 ºC on August 24, 2011. Daily maximum water temperatures at the sampling sites exceeded the Tribal water temperature standard of 21ºC on average approximately 31 percent of the time (with a range of exceedance of 29.07 percent at the TR sampling location to 32.56 percent at the WE sampling location). Dissolved Oxygen (DO) DO at all sites generally decreased from mid-February to early July, leveling in late July. In early August, DO decreased again, then steadily increased until the end of the sampling year in mid-December. The highest DO concentrations of the year were recorded in mid-December at all sites. Throughout the sampling season, upriver sites tended to return higher concentrations of DO than downriver sites. Dissolved oxygen levels were above the Tribe’s standard for minimum concentration of 8.0 milligrams per liter (mg/l) at all the sample locations except sample site KAT. Daily minimum DO concentrations at KAT dropped below 8.0 mg/L from August 27-29 and September 8-12, for a total of 8 out of 161 days, or 4.97 percent of the time. From December 2012 AES 28 Yurok Tribe, California NPS Assessment and Management Program Plan September 1 to May 31, daily minimum DO percent saturation dropped below the Tribal standard of 90 percent on September 4-15, September 24 and September 30 through October 4, for a total of 17 out of 161 days, or 10.56 percent of the time. pH Identified pH values on the lower Klamath and Trinity River fluctuated throughout the 2011 monitoring season. The pH decreased from mid-February to mid-March, increased in mid-April, then decreased in early May. In late May, pH increased at all sites, subsequently decreasing at TC, WE and TR early June while increasing at LES and remaining steady at TG. In late June, pH decreased at all sites and increased in early July. pH at TC and WE increased in late July, held steady at LES and TG and decreased at TR. In early August pH at all sites except TG increased then decreased in late August. pH at TG decreased in early August then increased in late August. The pH at all sites increased in early September then continually decreased until early October. In late October pH at all sites except TG increased then decreased in mid-November. The pH at TG decreased in late October then increased in mid-November. The pH at all sites except TR decreased in mid-December while at TR pH increased. The highest pH reading for all sites was recorded in mid-February. At no point during the 2011 monitoring season did daily maximum pH exceed the standard of 8.5 for sampling locations TC and TR. At the KAT and WE sampling locations, daily maximum pH values exceeded the standard 19.88 and 58.6 percent of the time, respectively. Turbidity Trends for turbidity among all sites were similar during the 2011 sampling year. Concentrations at all sites increased from mid-February to mid-March, decreased in mid-April, and increased at all sites except WE in early May. Results at WE in early May decreased slightly. Results at all sites then gradually decreased until late August, increased slightly in early September, then held steady in late September. In early October concentrations increased, decreased somewhat in late October, then generally held steady through midDecember. Turbidity results for the 2011 sampling year ranged from 0.16 NTU to 160 NTU. TR returned the highest result of 160 NTU on March 16, 2011, while also yielding the lowest result of 0.16 NTU on August 24, 2011. The highest concentrations at all sites were recorded in mid-March. No sites produced concentrations below the reporting limit of 0.10 NTU during the 2011 sampling year. YTEP conducts additional turbidity monitoring via real-time gaging stations in McGarvey Creek, Turwar Creek, Blue Creek, Tully Creek, and the Klamath River estuary. A recent data query of the data results indicates that all tributaries are impaired for sediment during the wet season from November through May, specifically during high flow events, with the highest readings identified in January. For example, in January 2012, the Lower Turwar Creek Stream Gage located in the Lower Reservation identified turbidity levels as high as 657 NTU. December 2012 AES 29 Yurok Tribe, California NPS Assessment and Management Program Plan Bacteria4 Escherichia coli (E.coli) Throughout 2009-2010 (Water Year 2010), all E. coli samples collected showed results well below the retesting limit of 235 MPN/100 ml for recreational use set forth by the Yurok Tribe Coastal Monitoring Program Sampling and Analysis Plan (YTCMPSAP). Approximately 49 percent of the samples tested below the minimum detection limit of 10 MPN/100 ml. The highest E. coli level, 63 MPN, was measured at Klamath River Below Wastewater Treatment Plant (KR<WTP) on December 17, 2009. The sampling event on December 17 seems to show a spike in E. coli levels. While detectable concentrations of E. coli averaged 9.6 MPN for the year, the sampling date of December 17 shows concentrations from 30 to 61 MPN. This is 3 to 6 times the average. This spike could be explained by the increased flow due to the first major rain event of Water Year 2010. The first large precipitation events of the winter season have a high potential to flush E. coli that has accumulated on land within the watershed during the dry summer months into the river system. Enterococcus Throughout most of the year, enterococcus levels were well below the retesting limit of 61 MPN/100 ml sample. Eighty-five percent of the samples tested below the minimum detection level of 10 MPN/100 ml. The highest enterococcus level, 75 MPN, was measured at KR<WTP on December 17, 2009. The sampling event on this date shows a clear spike in enterococcus levels. While detectable concentrations of enterococcus for all sampling dates other than December 17 were 10 MPN, on this date concentrations ranged from 51 MPN to 75 MPN. Again, this spike is likely due to the increased flow during the first major rain event of Water Year 2010. The first large precipitation events of the winter season have a high potential to flush enterococcus that has accumulated on land within the watershed during the dry summer months into the river system. The concentration at KR<WTP on December 17 (75 MPN) exceeded the single sample maximum of 61 MPN as set forth in the YTCMPSAP. In accordance with the YTCMPSAP, resampling was conducted at all sites on December 29, 2009. The results from all three sites for this sampling event came back as No Detect (ND), indicating enterococcus concentrations at all sites had dropped to acceptable levels. Total Coliform Total Coliform was measured at detectable levels that were well below the retesting limit of 10,000 MPN/100 ml sample throughout Water Year 2010. The highest concentration measured was 2,247 MPN on September 22, 2010 at the Klamath Estuary (KE). The lowest concentration of 107 MPN was recorded on February 18, 2010 at KE. Overall, total coliform concentrations were inversely proportional to flow. In November and December, concentrations were rising. Beginning in late December, the concentrations of total Coliform dropped to very low levels. They stayed very low throughout the rainy season and began to increase as the discharge dropped. Total coliform levels tend to increase through the summer months due to increased biological activity and lower water volumes within the watershed, then decrease during the winter months as biological activity within the watershed decreases and water volume increases. On average, KR<WTP had the highest concentrations of total coliform. The average for this site was 799 MPN. Klamath River Above Wastewater Treatment Plant (KR>WTP) had the second highest levels with an 4 Water Year 2010 FINAL Bacteria Sampling Report for the Klamath River Estuary. Available online at: http://www.yuroktribe.org/departments/ytep/documents/FINALWY2010BacteriaReport_031411.pdf December 2012 AES 30 Yurok Tribe, California NPS Assessment and Management Program Plan average of 739 MPN. KE had the lowest average at 609 MPN. The highest concentrations varied by month. Even the site with the lowest average concentrations, KE, had the highest readings for four of the thirteen sampling events. This scattering of peak concentrations shows that there was no trend based on sample location during Water Year 2012. Groundwater Quality Groundwater within the Basin is of generally good quality with zero of the reporting wells identifying exceedances of primary drinking water standards and only two wells reporting exceedances of secondary (aesthetic) drinking water standards. Of the data reported to the California Department of Public Health, ten wells reported inorganic sample data, six reported radiological data, 17 reported nitrate data, 5 reported pesticides, 6 reported volatile and semi-volatile organic compounds, and 10 reported inorganic results related to the secondary drinking water standards. The USEPA's Safe Drinking Water Information website provides violation histories for all registered water systems. Yurok Reservation water systems found on the website include Requa Inn, Requa Resort and Terwer Park Resort. Most violations shown are reporting and monitoring infractions, rather than actual detection of pollutants. Recent water quality sampling of the Terwer Water System indicated relatively good water quality with sampled parameters (priority metals, nitrates, volatile organic compounds, pesticides, PCBs, and polycyclic aromatic hydrocarbons) identified either below corresponding MCLs or the laboratory detection limit Sediment Quality From 2009 through 2011, the Klamath Dam Removal Water Quality Sub Team (Sub Team) conducted a screening-level evaluation of sediments from three Klamath River reservoirs and the Klamath River Estuary associated with proposals to removal dams along the Klamath River upstream from the Reservation. The Sub Team consists of officials from the USFWS, U.S. Geological Survey (USGS), USEPA, National Oceanic and Atmospheric Administration (NOAA), U.S. Forest Services (USFS), and the California Department of Fish and Game (CDFG). To assess the potential adverse chemical or biological effects from the release of sediments behind the Klamath dams, the study team applied the Sediment Evaluation Framework (SEF), along with chemical analysis of reservoir-collected fish. The results of the SEF process were then compared to several relevant exposure pathways of biota and human receptors to identify potential adverse effects. Testing procedures included chemical analysis of contaminants within sediment samples as well as acute sediment toxicity bioassays, and elutriate toxicity bioassays. The results of the screening-level evaluation indicated that the Klamath Reservoir sediments, including the sediments assessed within the Klamath River Estuary, pose a minimal risk to human and aquatic ecosystem health. Reservation Waters The results of the representative monitoring indicates that Reservation waters do not consistently meet all the beneficial uses for which they are designated (refer to Section 5.2) due to the proximity of NPS pollution sources and the lingering effects of past land management practices on and off of the Reservation. Reservation waters experience intermittent, seasonal, and year round impairment. Monitored tributaries to the Klamath River exhibit impairments associated with excessive sediment and have been documented when assessing turbidity levels, habitat conditions, and macroinvertebrate assemblages. The Klamath River exhibits impairment associated with eutrophic conditions and are documented when assessing the pH, temperature, DO, total phosphorus, total nitrogen, and algae levels. The status of the Reservation waters range from December 2012 AES 31 Yurok Tribe, California NPS Assessment and Management Program Plan minimally threatened to highly threatened. The threatened statuses of representative monitored Reservation waters are summarized in Table 4. TABLE 4 Potential Impairments of Reservation Waters Waterbody Name Impaired Parameter Impairment Cause Impairment Classification Status1 Klamath River 1: pH, Temperature, DO 2: Total Phosphorus, Total Nitrogen 3: Algae 1: Upstream/Off Reservation Sources 2: Hydromodification 3: Wet Weather Discharges 1: Seasonal 2: Year Round 3: Seasonal Highly Threatened Klamath River Estuary 1: pH, Temperature, DO 2: Total Phosphorus, Total Nitrogen 3: Algae 1: Upstream/Off Reservation Sources 2: Wet Weather Discharges 3: Hydromodification 1: Year Round 2: Seasonal 3: Year Round Turwar Creek 1: Turbidity 2: Basic Habitat 3: Suspended Sediment Highly Threatened 1: Turbidity 2: Basic Habitat 3: Suspended Sediment Silviculture Activities NPS pollution Wet Weather Discharges Silviculture Activities NPS pollution Wet Weather Discharges 1: Intermittent 2: Intermittent 3: Seasonal McGarvey Creek 1: 2: 3: 1: 2: 3: 1: Intermittent 2: Seasonal 3: Seasonal Highly Threatened Blue Creek 1: Turbidity 2: Basic Habitat Highly Threatened 1: Basic Habitat 2: Stage Silviculture Activities Wet Weather Discharges Wet Weather Discharges NPS Pollution 1: Intermittent 2: Seasonal Tully Creek 1: 2: 1: 2: 1: Seasonal 2: Unclassified Moderately Threatened Roach Creek 1: Basic Habitat 1: Seasonal Minimally Threatened Tectah Creek 1: Basic Habitat 1: Intermittent Minimally Threatened Johnson Creek 1: Basic Habitat 1: Unclassified Minimally Threatened Mettah Creek 1: Basic Habitat 1: Intermittent Minimally Threatened Pecwan Creek 1: Basic Habitat 1: Intermittent Minimally Threatened Groundwater 1 None 1: Wet Weather Discharges 1: Wet Weather Discharges 1: NPS Pollution 1: NPS Pollution 1: NPS Pollution NPS Pollution None Highly Threatened Minimally Threatened Status is subject to change based on available data. December 2012 AES 32 Yurok Tribe, California NPS Assessment and Management Program Plan SECTION 7.0 Discussion 7.1 Water Quality Impairment from NPS Pollution Associated road building and slope destabilization associated with historic timber harvesting/silviculture practices and residential development have resulted in aggradation from increased sediment input into many of the tributary streams to the Klamath River on the Reservation. Certain historically perennial streams now have ephemeral lower reaches and seasonal fish migration blockages because the water in low-runoff periods flows as throughflow under aggraded streambed. Additionally, the lower slough areas of some of the Lower Klamath tributaries that enter the estuary experience eutrophic conditions during periods of low flow. These create water quality barriers to fish migration when dissolved oxygen and temperature levels are inadequate for migrating fish (DO levels that are currently identified in Reservation waters as discussed in Section 5.4). NPSs of contamination includes timber processing, construction activities, urban runoff, landfills, leachfields, illegal dumpsites, septic systems, roads, silviculture, flow regulation and diversions, hydromodifications, and land development. Potential sources of NPS contamination on the Reservation that requires NPS management activities include resource extraction (aggregate mining) and agriculture (cattle grazing and clandestine marijuana growing operations). While on-site Reservation impacts due to timber harvesting/silviculture, road building, and water diversion occur, the magnitude of cumulative off-site impacts on all watersheds of the Klamath River have resulted in a threat to federally protected and reserved fishing and water rights of the Tribe. As stated by Congress in the Klamath River Act of 1986, the basin’s fish habitat has been greatly diminished in extent and value in the past century by the construction of dams, diversions, hydroelectric projects, and by sediment from mining, timber harvest practices, and road building. These developments and land uses had and continue to have far reaching implications affecting the health of entire watershed habitats, from the soil stability and vegetative diversity of the highest slopes to the quantity and quality of the water in the rivers at the bottom of the basin. Severe sedimentation of the main stem of the river, which has been receiving excess debris from most of the 12,000 square miles of the Klamath River watershed, is expected to persist for many decades. According to the 1995 Background Report and Strategic Workplan for Watershed Restoration Planning in the Lower Klamath River, "Sediment yields in the coastal tributary watersheds are typically 10 to 20 times greater than in inland portions of the Klamath River watershed” and that "sedimentation will be more persistent than in most non-coastal streams." 7.2 NPS Pollution Impairment Ranking Through visual observation of Reservation waters and drainage patterns and monitoring of representative Reservation waters, the Tribe identified categories of NPS pollution on the Reservation that are likely impacting water quality, as shown below. The Tribe then ranked the identified categories of NPS pollution based on the contribution to impairment of Reservation waters. December 2012 AES 33 Yurok Tribe, California NPS Assessment and Management Program Plan Silviculture Impairment Ranking = Major impairment source. Hyrdomodification and Habitat Alteration Impairment Ranking = Major impairment source. Construction (Roadway and Land Development) Impairment Ranking = Major impairment source. Urban runoff (Surface Runoff including USTs, landfills, leachfields, septic systems, and illegal dumpsites) Impairment Ranking = Moderate impairment source. Resource Extraction (Surface Mining) Impairment Ranking = Potential impairment source. Agriculture (Pasture Land and Clandestine Marijuana Growing), Impairment Ranking Impairment Ranking = Potential impairment source December 2012 AES 34 Yurok Tribe, California NPS Assessment and Management Program Plan SECTION 8.0 Selection of Management Practices 8.1 Core Participants NPS pollution prevention is the responsibility of all those who live and work in the watershed. As such, cooperation between the entities such as the Tribe, developers, industrial timber companies, and non-Tribal residents, as well as government agencies such as Del Norte and Humboldt counties are vital to the health of the watershed. Many nearby activities can influence water quality. Table 5 identifies the institutions that are involved in the identification of NPS pollution and impaired waterways, selection and approval of BMP's for NPS pollution, implementation of NPS pollution BMPs and all other key planning and management documents: TABLE 5 Core Participants in Watershed Planning Participant Yurok Tribal Council Yurok Tribe Environmental Program Yurok Tribe Government Agencies (Planning, including PUD; YTFP; YTFD; YTWRD including the Road Maintenance Division; and Informational Resources) U.S Department of the Interior, Bureau of Indian Affairs, Pacific Region US Environmental Protection Agency, Region IX U.S. Fish and Wildlife Service National Oceanic and Atmospheric Administration National Forest Service December 2012 AES Role Reviews and approves regulatory policy for resources within the Yurok Reservation and on Tribal fee land. Provides technical oversight in the preparation of NPS BMPs. Provides monitoring and assessment capability for assessment of NPS pollution sources and impairment status of Reservation waters. Provides implementation oversight of NPS pollution BMPs on the Reservation. Provides water quality permitting for Tribal and other government agency development projects. Development and implementation of NPS pollution BMPs including development of resource management plans. Maintains Reservation databases including geographic information system (GIS) data. Provides oversight of management of timber resources and approves Forest Management Plan and individual harvest plans. Provides funding to manage Tribal natural resources. Provides regulatory and technical assistance as well as grant funding for tribal environmental projects. The Tribe has previously obtained Section 319 grant funding from EPA. Reviews and approves the Tribe’s NPS Assessment Report and Management Plan. Provides for instream and upslope restoration projects on lands within and outside the Reservation boundaries. Reviews Tribal timber harvest plans for potential impacts to threatened and endangered species. Reviews land management practices for consistency with the Aquatic Habitat Conservation Plan (AHCP) for Phase 1 lands. Provides technical oversight and education for projects on 35 Yurok Tribe, California NPS Assessment and Management Program Plan Participant National Resource Conservation Service North Coast Regional Water Quality Control Board California Department of Fish and Game State Water Resources Control Board California Department of Fire and Forestry County of Del Norte County of Humboldt 8.2 Role federal forested lands adjacent to the Reservation. Provides funding, technical oversight and education for projects on trust and fee lands on the Reservation. Reviews timber harvest plans on private fee land within the Reservation. Provides funding for instream and upslope restoration projects on lands within and outside the Reservation boundaries. Permits State and County projects that are implemented within and outside the Reservation boundaries. Reviews and approves the Tribe’s NPS Assessment Report and Management Plan for Phase 1 lands. Reviews timber harvest plans on private fee lands within the Reservation Manages county owned roads and infrastructure to be consistent with the 5 County Road Maintenance Program.. Public Participation There are many opportunities for public participation both on and off the Reservation. First, the Tribal Council is accountable to all members of the Tribe, and robust intra-government relations between the various Tribal departments are a critical step towards preventing NPS pollution and restoring the Reservation waters. In addition, significant public outreach opportunities exist between the Tribe and the residents of the Reservation, especially in volunteer activities and awareness. For large-scale NPS pollution control programs that affect watershed water quality, the Tribal Council will provide opportunities for public comment and review and may or may not grant approval as warranted. Where other governments are involved, appropriate government to government protocols will be adhered to and will be an integral part of the process. Smaller proposals, such as low impact, inexpensive, site specific projects, or relatively minor publicity efforts that could be accomplished within our base funding level will typically undergo an internal review. NPS pollution is a community-wide issue and successful implementation of a Tribal management program will rely upon relationships between Tribal and non-Tribal community members. Therefore, the Tribe sought public input on this NPSAMPP by engaging public agencies that have a role in managing or protecting natural resources and by releasing a draft version of this document for a 30 day public comment period. Public notice was made by announcing the release of the document in the Tribe’s newsletter, official website and social media sites. A hardcopy was placed at the Weitchpec and Klamath Tribal offices to be available for public viewing for the purpose of providing comments to YTEP to be incorporated into the final version prior to submittal to SWRCB and USEPA. YTEP reviewed all comments that were received and considered them thoroughly before making appropriate changes to the document. 8.3 Existing BMPs Section 319 requires that the applicant identify the process by which various BMPs will be identified. BMP's are those practices determined to be practicable, acceptable to the public, and cost-effective in preventing water pollution or reducing the amount of pollution generated by NPSs. BMPs include information and education programs, technical and financial assistance, technology transfer, demonstration projects, December 2012 AES 36 Yurok Tribe, California NPS Assessment and Management Program Plan monitoring/evaluation systems, management practices that prevent and reduce erosion and sedimentation and regulation and enforcement. YTEP and other departments within the Tribe develop and present BMP's to the Tribal Council for approval, typically through Tribal Council approval of resource management plans. The Tribe has legislative procedures in place that set forth a comprehensive and systematic process for the Tribal Council to establish, amend, or modify policies, ordinances and acts, or to take other major governmental actions on behalf of the Tribe for the improvement of water quality. To date, the process to identify and select BMP's has been conducted on a department by department basis according to the relative significance of the sources of NPS pollution to their goals and objectives. Each department has either developed or adopted the most appropriate BMP's into their management plans and have solicited public comment on their conclusions. The various departments of the Tribe are currently collaborating in a unified effort to document existing BMP's related to water quality. Although YTEP and the Tribe is concerned with emerging problems, the highest priority is to ensure that appropriate standards exist for the most serious NPS pollution sources and to conduct further assessment on those sources which have led to serious impacts on listed beneficial uses. Existing Tribal NPS Programs YTEP Nonpoint Source Program and Clean Water Act Funding YTEP’s Water Division implements its NPS Program consistent with its NPS Assessment and Management Plan. YTEP works in coordination with YTFP and YTWRD to implement its NPS reduction program to reduce erosion and sedimentation to the streams in the Lower Klamath River Basin. These projects include: planting trees in riparian areas; removing invasive plant species; planting trees after road decommissioning has occurred; and by identifying various NPS pollution sources and remedying them accordingly. In addition, YTEP (Water Division) delivers watershed stewardship education at the schools on the Reservation to teach young school children the values of healthy watersheds to sustain the salmon populations. Water Quality Certification YTEP administers water quality certification and waste discharge requirements applications. In accordance with Section 4.4 of the WQCP, no person under jurisdiction of the WQCP may discharge of pollutants or construction of any facility which may precipitate a discharge of pollutants to Reservation surface waters, including wetlands, may commence without first obtaining a written certification of such discharge from YTEP. YTEP has developed an application for such activities which requires the applicant to identify locations and acreages of affected water bodies and describe proposed measures to avoid or mitigate direct impacts to affected water bodies. The applicant must also include a description of BMPs to be implemented to reduce potential water quality impacts during and after construction activities, aside from proposed mitigation activities. The application includes a Stream Course Mitigation Checklist and Wetlands Mitigation Checklist. The checklists are intended to aid applicants in submitting complete and proper information regarding mitigation plans, to enable staff to effectively evaluate the project for Water Quality Certification or Waste Discharge Requirements. December 2012 AES 37 Yurok Tribe, California NPS Assessment and Management Program Plan Pesticide Resolution 96-23 In 1996, the Tribal Council approved the Yurok Tribe Pesticide Resolution. The resolution bans the use of any restricted or controlled chemical pesticides on any and all lands under the jurisdiction of the Tribe. Brownfields Program YTEP started its Brownfields Program in 2007 with funding from the USEPA Brownfields 128(a) Program. The Brownfields Program has inventoried the Reservation for potential Brownfields sites, and by 2012 over 200 sites have been added to that inventory. YTEP is currently working to complete Phase I Environmental Site Assessments on priority sites identified as potential Brownfields. Phase II Environmental Assessments will be proposed for any site that is identified as having Recognizable Environmental Concerns (RECs) in the Phase I ESAs. The goal of the Brownfields Program is to inventory, assess and secure funding to remediate any Brownfield sites on tribal lands, which will secondarily eliminate potential NPS pollution from runoff from these sites. Solid Waste Program In 2004, YTEP implemented its Integrated Solid Waste Management Program for the reduction and prevention of illegal dumping on the Yurok Reservation. Since then, the program has been extremely effective in its cleanup, remediation activities, and enforcement on illegal dumping, as well as educating the public on the benefits of recycling, composting, and proper disposal methods. The prevention of pollution within the boundaries of the Reservation is important for reducing contaminates that can migrate into the Pacific Ocean, the Klamath River and its tributaries. Education and outreach are important components of the program utilized to support prevention of illegal dumping on the Reservation. Hazardous Waste Program YTEP’s Pollution Prevention Division has developed its Hazardous Waste Program to respond to, collect, and properly dispose of hazardous wastes that may be generated, collected, or illegally released on the Reservation. Hazardous waste can have immediate and long term negative effects on human health and the environment. Hazardous waste can seep into the ground and degrade groundwater, and impact surface water quality from contaminated runoff from disposal sites, ultimately affecting the fish that are gathered for subsistence. Wetlands Program YTEP’s Wetland Program also works in coordination with and support of the Tribe’s efforts in wetlands conservation and restoration as implemented by YTFP and the Watershed Restoration Department. The Tribe’s wetlands restoration efforts are driven by the desire to protect salmonids and other native fish and plants that rely on wetlands for critical habitat. A healthy wetland community assists in the natural removal of NPS pollution from stormwater runoff. Yurok Tribe Forestry Department (YTFD) YTFD is developing a revised Yurok Indian Sustained Yield Lands (YISYL) Forest Management Plan (FMP) that will include NPS BMPs that are consistent with the requirements of the Cooperative Agreement related to the purchase of Phase I of Green Diamond Resource Company lands and the NOAA approved AHCP. BIA is congressionally mandated to ensure that Tribal timber is harvested at a sustained yield rate. The recently acquired fee lands are held in a restricted status sustained yield unit (SYU). The BMPs included within the December 2012 AES 38 Yurok Tribe, California NPS Assessment and Management Program Plan FMP, which is anticipated to be approved by BIA in January 2013, are incorporated into the NPS Management Program Plan described in Section 10.0. Upon acquisition of the Phase 1 lands, the Tribe agreed to all of the rights, duties, and obligations of the Yurok Aquatic Habitat Conservation Plan (AHCP) with respect to Phase 1 lands. The objective of the Yurok AHCP is to enhance habitat for six coldwater adapted fish and amphibians. Forest and environmental enhancement measures include: Riparian management zones (providing shade, nutrients and large woody debris recruitment potential for streams through tree retention within riparian management zones); Slope stability measures (providing protection for upslope areas to minimize sediment delivery to streams); Forest road management plan (accelerating the company’s road upgrading and decommissioning program to reduce road-related sediment delivery to streams); Harvest related measures (establishing seasonal and equipment restrictions for silvicultural and logging activities to minimize the level of ground disturbance). Yurok Tribe Fisheries Program (YTFP) In 2000, YTFP and YTWRD developed the Lower Klamath River Sub-Basin Watershed Restoration Plan (LKRWRP). The LKRWRP establishes restoration activities to meet the Tribe’s goal to restore aquatic habitat conditions within Lower Klamath River tributaries to a level that supports viable, self-sustaining populations of native salmonids. Restoration goals are being accomplished through implementation of the LKRWRP including treatment of road networks and upslope sediment sources, improvement of instream and riparian habitats, and through interaction with public and private landowners to implement improved long-term land management practices in the sub-basin. Specific goals of the LKRWRP include: Protect and restore existing healthy areas first. Protection of key areas is much more certain and less expensive than the restoration of degraded areas. In addition, relatively healthy areas provide the source populations for recovery in other locations. On the other end of the spectrum are watersheds that have undergone extreme habitat degradation. These watersheds could absorb large amounts of money and effort with little chance of recovery in the foreseeable future. Restoration in these areas should be postponed until protection and restoration efforts are completed in areas that are more productive. Improve stream/riparian habitat in priority watersheds. A corollary to protection of “the best,” is restoration of “adjunct” habitats that historically supported healthy fish populations but are currently lightly to moderately degraded. Efforts to improve watershed and aquatic conditions in these areas will likely aid fish populations in the long term. Provide jobs training and quality employment opportunities. Implementation of watershed restoration activities will provide long-term stable employment opportunities for qualified tribal applicants. Many of the potential long-term restoration activities, such as road de-commissioning, would involve technical skills requiring specialized training. December 2012 AES 39 Yurok Tribe, California NPS Assessment and Management Program Plan YTFP is implementing instream and floodplain restoration activities, including activities defined in the LKRWRP, as part of the Tribe’s fisheries habitat restoration program. Restoration and BMP installation activities have commenced along stretches of Turwar, Hunter, Waukell, McGarvey, Blue, and Tectah Creeks. Implemented projects include: Bank Stabilization Tree Planting in riparian and floodplains Fencing/Barrier Control Large Woody Debris Placement Side channel creation and enhancement Invasive Plant Removal Yurok Tribe Watershed Restoration Department (YTWRD) YTWRD by way of its Road Maintenance Division (RMD) works throughout the Yurok Reservation to implements BMPs that maintain and improve Tribal roads. The RMD follows the recommendations within the Five Counties Salmonid Conservation Program’s manual A Water Quality and Stream Habitat Protection Manual for County Road Maintenance in Northwestern California Watersheds for roadway maintenance. The manual covers management practices related to the routine and emergency repair and maintenance of county roads and related facilities. Road maintenance includes actions taken to prevent erosion and/or the deterioration of a roadway, such as the cutbank, road surface, fillslope and all drainage structures. YTWRD is implementing watershed restoration activities as part of the Tribe’s NPS Program with funds from the USEPA in accordance with the Clean Water Act. YTWRD receives funding from many other agencies to implement BMPs designed to mitigate NPS sources. BMP installation activities have commenced in Turwar Creek, McGarvey Creek, Blue Creek, Hunter Creek, Pecwan Creek, and the Trinity River. Implemented BMPs include: Sediment Traps Road Removal Road Grading and Realignment Stream Crossing (bridge and culvert) Rehabilitation Bank Stabilization Tree Planting Invasive Plant Removal Other The Planning Department and Yurok Tribe Housing Authority will follow land use zoning prescribed in an adopted Land Use Plan. The draft Land Use Plan utilizes a process of parcel rating and ranking to determine a parcel’s score. The scored parcel were then mapped and compared with the current areas of development or lack of development on the reservation to determine future land use. Future land use varies from the development of houses or community facilities to the preservation of open space areas for cultural activities and environmental concerns. The draft Land Use Plan includes “Resources” land use categories for zoning designations. Resource zones are areas that receive protection because of their recognized natural, ecological, and or cultural values. There are several types of resource areas, which vary by level of protection. Similar to December 2012 AES 40 Yurok Tribe, California NPS Assessment and Management Program Plan the definition of protected areas, resource zoning is "A clearly defined geographical space, recognized, dedicated and managed, through legal or other effective means, to achieve the long-term conservation of nature with associated ecosystem services and cultural values." 8.4 Pollution Reduction The strategy for selecting appropriate BMPs to add to the extensive program already administered by YTEP and the Tribe is to involve interested stakeholders as soon as possible during the scoping of Tribal projects. Stakeholders include Tribal members, the Tribal Council, and the other interested parties listed in Table 5, and off-reservation interests such as residents and developers. For example, residential development on the Reservation can involve future residents, YTEP, construction contractors, and even County officials if the development is on fee lands. Meetings between these parties face to face is the most effective strategy for determining the BMPs for selection, and often experienced contractors and regulators have many ideas to share regarding new and effective BMPs. The expert advice of consultants, contractors, and government officials should be taken advantage of to the maximum extent possible. In addition, YTEP should make every effort to secure volunteers within the community to serve a variety of functions that will improve water quality. NPS watchdogs can be appointed to observe waterways periodically in the course of regular pedestrian activities to ensure water quality problems are detected early. This can be a vital tool for NPS pollution management, especially considering the dispersion of population centers on such a large Reservation. Teams of stewards can meet periodically to engage in education of other residents, and conduct cleanup and restoration efforts. YTEP has an environmental complaint process that records and tracks complaints that are received from the public. This process can be used to record this type of information, investigate the complaint and to follow up on any corrective actions that should be taken. The methodology for selection of BMPs most suitable to address each category and subcategory of NPS pollution identified in this NPS assessment is as follows: 1. Identify all BMPs that are appropriate to each type of NPS pollution through research and consultation. 2. Determine which of the BMPs identified during Step 1 are suitable for the Tribe in terms of scale, environment, cost, and existing infrastructure. 3. Determine likely effectiveness of locally appropriate BMPs in reducing NPS loading through research, modeling, and consultation. These will be ranked based upon likely performance. 4. Consult with other relevant agencies and jurisdictions to determine which of the BMPs may best be used in coordination with local off-reservation efforts. 5. Determine which BMPs will have the most favorable results per unit cost. 6. Implement BMP with adequate resources to perform necessary maintenance and monitor performance. 7. Adapt future BMP implementation based on past performance effectiveness. December 2012 AES 41 Yurok Tribe, California NPS Assessment and Management Program Plan SECTION 9.0 Conclusions As described in this NPS assessment, Reservation waters are actually or potentially impaired from various NPS pollution sources. The NPS pollution categories in ranking of greatest concern are: Timber Harvesting and Silviculture Hyrdomodification and Habitat Alteration Construction (Roadway and Land Development) Urban runoff (Surface Runoff including USTs, landfills, leachfields, septic systems, and illegal dumpsites) Resource Extraction (Surface Mining) Agriculture (Cattle Grazing and Clandestine Marijuana Operations)) These NPS pollution categories currently contribute to water quality impairments related to erosion and sedimentation of drainages and surface waters and nutrient enrichment. Sources and causes of these problems are varied, and include: timber harvesting/silviculture, including associated development of unpaved access roads; surface mining activities, including stockpiling of excavated materials; contamination from parking facilities; and commercial/Tribal governmental operations. The Tribe has extensive programs in place to address NPS pollution. Additional program components are necessary, however, to further the Tribe’s goal of minimizing NPS pollution on the Reservation. NPS pollution sources will be addressed through implementation of the CWA Section 319 NPS Management Program (refer to Section 10.0), which outlines additional short-term and long-term BMPs and program components to be added to existing Tribal operations and programs that would be funded by various sources including, but not limited to, CWA Section 319(h) funding. Implementation of a CWA Section 319(b) NPS Management Program Plan will provide the framework for selection and implementation of best management practices and NPS pollution mitigation strategies. December 2012 AES 42 Yurok Tribe, California NPS Assessment and Management Program Plan SECTION 10.0 NPS Management Program Plan This section will list all significant sources of NPS categories and subcategories of pollution, and the BMP’s that will be used to control specific NPS pollution sources. Certification of legal authority that the Tribe has the authority to implement a management plan has been addressed in Section 2.1. A list of funding sources from federal and any other sources, not including the Section 319 program, will be discussed. A schedule of the program’s annual milestones and plan implementation will be addressed. Finally, the Section 319 NPS Program will review activities of federal agencies to determine if their programs are in compliance with the Tribal NPS Program. 10.1 Management Program Summary YTEP, with concurrence from the Tribal Council, is responsible for administering tribal water pollution control programs. For administration purposes, YTEP reports to the Tribal Attorney, Executive Director and the Tribal Council for all business regarding tribal water compliance issues and coordinates with other Tribal departments to support the protection of Reservation water quality. YTEP and the other Tribal departments and programs make preliminary determinations on issues and refer them to the Tribal Attorney, Executive Director and the Tribal Council for final approval. YTEP and other relevant Tribal departments and programs will make recommendations to the Tribal Council for funding and approval concerning NPS management programs. These Tribal departments and programs will prepare and submit project proposals and make recommendations to the Tribal Council to pursue funding to implement projects that minimize or restore the impacts associated with NPS pollution sources. This NPSAMPP has two components: The General Management Program includes administration and monitoring. The Specific Management Programs for timber harvesting and silviculture, hydromodifcation and habitat alteration, construction, urban runoff, resource extraction, and agriculture identify BMPs, prioritize impaired streams, and propose projects to implement BMPs. Milestones have been established for each management program, which describe project accomplishments, which should be achieved by a specified target date. Administration Administration includes coordinating the overall General Management Program, the Specific Management Programs for the identified NPS pollution categories of concern listed in Section 9.0, providing interagency coordination and periodically updating the overall plan.. YTEP will be responsible for these activities and will be assisted by other Tribal departments and programs . Each Tribal department and program will pursue and obtain the necessary funding to implement projects that are relevant to their focus. December 2012 AES 43 Yurok Tribe, California NPS Assessment and Management Program Plan Monitoring Knowledge of NPS pollution problems on the Reservation and Tribal properties will continue to be expanded through a combination of evaluation studies and professional judgment. Much of the information will be gathered through continued monitoring under the Tribes’ Water Quality Monitoring Program funded under CWA Section 106 and other funding sources. The data will be utilized to assess efficacy of source-specific BMPs for NPS pollution. YTFP and YTWRD will also pursue CWA 319 competitive funds from the State of California and US EPA to perform monitoring and assessment of NPS pollution problems. TABLE 6 Management Program Milestones Activities Submit final NPS Assessment and Management Program Plan to USEPA. Request Base CWA 319 grant funding from USEPA for implementation of Management Plan. YTEP and Tribal staff to review program plans and milestones. Submit annual NPS Program Progress Reports. Update Management Plan as needed review with Tribal staff that are responsible for NPSrelated tasks Meet with Tribal departments and programs to review projects and program and set priorities for next fiscal year. Incorporate priorities into workplan for NPS program and submit to funding agencies (Tribe, NRCS, USGS, BIA, EPA). Provide progress reports on individual grants to EPA and other funding agencies. Output Date Final Assessment and Management Program Plan April 1, 2013 Grant Application April 1, 2013 2 meetings July 2013, January 2014 1 per yr Annual Varies Ongoing 1 meeting October 1, 2013 Ongoing Beginning October 2014 Varies Ongoing 10.2 BMPs Identified to Control Specific NPSs Utilization of BMPs as they apply to the Tribal NPS Pollution Control Program (319 Program) is voluntary and success of the program will depend upon cooperation between Tribal staff and operators such as developers, timber harvesters, ranchers, residents, or any other groups or individuals whose NPS activities contribute to the degradation of Reservation waters. Cost share programs may be available to help pay for the cost of applying BMPs but developers and private enterprises may be unable to provide matching funds. The CWA 319 programs and other government programs offer incentives to operators to implement BMPs, and, in cases of need, Tribal sources may be used to augment the implementation of BMPs. There are many different sources for BMPs. Cooperating agencies may also need to develop new BMPs if the current ones do not solve specific problems. BMPs selected for this NPS management program were identified from USEPA, the Natural Resource Conservation Service (NRCS), the BIA Indian Affairs Manual December 2012 AES 44 Yurok Tribe, California NPS Assessment and Management Program Plan for Forestry, the California Enclosed Bays and Estuaries Plan, and the State Water Resources Control Board’s Nonpoint Source Program Plan. 10.3 Funding Sources A summary of federal and state assistance and funding resources are listed below. The program descriptions of cooperating agencies and how they relate to the abatement and control of NPS pollution on the Reservation/Tribal properties is as follows: Federal USEPA The USEPA provides funding through grants administered in accordance with Section 319 of the CWA, which specifically addresses NPS pollution. USDA Natural Resource Conservation Service The NRCS is the technical agency responsible for providing technical, financial, and educational assistance to land users in planning and application of soil and water conservation measures. The NRCS provides funding to implement projects to minimize and prevent NPS pollution from impacting water quality for Reservation waters. U.S. Department of the Interior, Bureau of Indian Affairs The Bureau of Indian Affairs (BIA) is the government agency that has responsibility for land held in trust by the U.S. government for Indian Tribes. These responsibilities are set forth in 25 CFR Parts 150-250. The BIA will provide technical assistance and resources when possible. When BIA funds are available, the Tribal NPS program can match funds. This allows greater flexibility when trying to fund projects that are expensive to implement because Tribal NPS funding is limited. Indian Health Services Indian Health Services (IHS) has the responsibility of providing health services to federally recognized Indian tribes. IHS provides technical expertise and funding resources (when available) to ensure sound public and environmental health services. US Fish and Wildlife Service The US Fish and Wildlife Service (USFWS) provides competitive grants to federally recognized tribes to develop and implement programs to benefit wildlife species, including habitat restoration. The grants can be used to fund planning for wildlife and habitat conservation, fish and wildlife conservation and management actions, fish and wildlife related laboratory and field research, natural history studies, habitat mapping, field surveys and population monitoring, habitat preservation, conservation easements, and public education that is relevant to the project. National Oceanic and Atmospheric Administration The National Oceanic and Atmospheric Administration (NOAA) provides funding under the Congressionally mandated Pacific Coastal Salmon Recovery Fund (PCSRF). The PCSRF funds projects, including tribal December 2012 AES 45 Yurok Tribe, California NPS Assessment and Management Program Plan projects that improve the status of pacific coastal salmon, prevents extinctions, and protect healthy populations. Funds are distributed annually through a competitive application process. US Forest Service The US Forest Service (Forest Service) provides grants under the National Forest Foundation’s Matching Awards Program to support conservation and restoration projects benefiting wildlife habitat, recreation, watershed health, and community‐based forestry. State California Department of Fish and Game The California Department of Fish and Game (DFG) provides competitive grants under the Fisheries Restoration Grant Program for projects related to the protection/restoration of wild salmon, steelhead trout, and other fish habitats in California. Past projects funded under this program include sediment reduction projects and watershed education programs throughout coastal California. California Department of Transportation The California Department of Transportation (Caltrans) administers the Environmental Justice grant program to promote transportation planning within low-income and minority communities. The Environmental Justice grants focus on projects to prevent or mitigate disproportionate, negative impacts while improving mobility, access, safety, and opportunities for affordable housing an economic development. California Coastal Conservancy The California Coastal Conservancy (CCC) administers grants to fund projects that include development of trails and other public access to and along the coast, natural resource protection and restoration in the coastal zone or affecting coastal areas, restoration of coastal urban waterfronts, protection of coastal agricultural land, and resolution of land use conflicts. California Department of Water Resources The California Department of Water Resources (DWR) administers funding established through Proposition 84. Proposition 84 (Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006) authorized the Legislature to appropriate $1,000,000,000 for integrated resource water management projects that assist local public agencies, including Tribes, with meeting the long term water needs including the delivery of safe drinking water and the protection of water quality and the environment. 10.4 BMPs In order to implement an effective, comprehensive NPS management program, all sources of pollution must be addressed in a manner that provides alternatives and flexibility. This document is designed to present a proposed strategy with flexibility in management and implementation. The goal and tasks outlined can be utilized, altered, and prioritized to protect and restore water quality. December 2012 AES 46 Yurok Tribe, California NPS Assessment and Management Program Plan Categories of Nonpoint Source Pollution Within the NPS Assessment Report, the Tribe identified categories of NPS pollution on the Reservation that are likely impacting water quality, as shown below. The Tribe then ranked the identified categories of NPS pollution based on the percentage of Reservation waters potentially impaired from each category as follows: Timber Harvesting and Silviculture Hyrdomodification and Habitat Alteration Construction (Roadway and Land Development) Urban runoff (Surface Runoff) Resource Extraction (Surface Mining) Agriculture (Pasture Land and Clandestine Marijuana Growing Operations Timber Harvesting and Silviculture GOAL: Reduce sedimentation of Tribal waters from timber harvesting and silviculture practices. Short-Term Task THS-1: Dedication of Riparian Management Zone. YTFD will establish and maintain a riparian management zone (RMZ) along Reservation waters for Tribal lands designated for active logging operations in accordance with the FMP and Yurok AHCP. These RMZs are generally more protective than those specified in the California Forest Practice Rules. RMZs will be delineated using standard environmental GIS protocols. Dedication of RMZs shall be at least 150 feet (slope distance) on each bank of all Class I watercourses. The width will be measured from the watercourse transition line from the outer channel migration zone edge, where applicable. An inner zone within the Class I RMZ will be established, of which will depend upon the streamside slop in accordance with the following scale: Side Slope Inner Zone Width 0-30% 50 feet 30-60% 60 feet <60% 70 feet For non-Class I Reservation waters, RMZs shall be sufficiently wide, where reasonable buffer areas are plausible, and will include a sufficient vegetative cover to provide bank stability and provide a sedimentation buffer from stormwater runoff. For non-Class Reservation waters, a minimum RMZ of 75 feet will be established, to the extent feasible and reasonable. The Tribe’s FMP and AHCP will identify logging operations that will be excluded from occurring within RMZs. December 2012 AES 47 Yurok Tribe, California NPS Assessment and Management Program Plan Riparian Management Zones TIMBER SALE Stream course Classification and Protective Zones Stream course Classification Protected LWPZ Protected EEZ No Harvest 50% Harvest Zone* (feet) Zone** (feet) I Major (i.e. Klamath River) 300 0 I Regular (i.e. Fish Bearing 100 100 II 50 50 III 20 30 or Domestic) *Widths are measured horizontally from water’s edge each side of streamcourse **Widths are measured horizontally and are adjacent to and in addition to LWPZ width. The 50% harvest level considers all trees, hardwoods and conifer, as 100% with the 50% harvest being conifers to the extent conifers are available. HORIZONTAL 20 feet 30 feet 50 feet 100 feet DISTANCE Percent Degrees SLOPE DISTANCE 45 % 24 22 feet 33 feet 55 feet 109 feet 60 % 31 23 feet 35 feet 58 feet 117 feet 70 % 35 25 feet 37 feet 61 feet 122 feet Short-Term Task THS-2: RMZ Revegetation. The YTFD will assess the vegetative communities of identified RMZs during the timber harvest planning process and prescribe revegetation efforts where vegetative cover is determined to be insufficient to achieve NPS pollution minimization goals. Long-Term Task THS-3: Management of Riparian Management Zones. The Yurok Tribe will manage each RMZ including flood-prone areas in such a way as to protect against soil disturbance in each RMZ and delivery to the stream of sediments and nutrients generated by forestry activities, including harvesting. The Yurok Tribe shall coordinate management of the canopy species within dedicated Class I RMZs to provide a sustainable source of large woody debris needed for instream channel structure and aquatic species habitat. At least 85 percent overstory canopy closure will be retained within dedicated inner zones of Class I RMZs as delineated in accordance with Task A-1, and a minimum of 70 percent canopy overstory closure will be retained within the outerzone of each Class I RMZ. Long-Term Task THS-4: Silviculture Practices-Pesticide Use. The Tribe will abide by the Yurok Tribe Pesticide Prohibition Resolution to include elimination of pesticide use during timber operations, except for those situations in which Tribal Council determines that pesticide use is necessary to protect the viability of tribal or community economic resources. Requests for any exceptional use should include submittal by the applicant of appropriate information as to the potential economic loss and a plan to prevent/mitigate impacts to water resources. December 2012 AES 48 Yurok Tribe, California NPS Assessment and Management Program Plan Long-Term Task THS-5: Silviculture Practices-Timber Resource Management. The Tribe will establish uneven-aged management of timber resources as the preferred management regime on trust, allotment, and fee timberlands as described in the FMP. For uneven-aged management, selection, group selection, or intermediate treatments are preferred and recommended by the Tribe on trust, allotment, and fee timberlands in lieu of clearcutting. This will reduce timber harvest area soils erosion potentials. Long-Term Task THS-6: Silviculture Practices-Timber Harvest Rotations. The Tribe will establish a rotation age for timber harvesting of 80 to 100 years as described in the Tribe’s FMP to reduce soil exposure and associated erosion potentials. Short-Term Task THS-7: Logging Road Decommissioning. The YTFD in cooperation with the YTWRD will develop a Logging Road Inventory and Decommissioning Plan (Decommissioning Plan). The Decommissioning Plan shall identify roadways on Tribal forestry lands scheduled for temporary decommissioning and permanent decommissioning. The Decommissioning Plan shall detail activities to be completed prior to certifying roadways as decommissioned. Such activities shall include: 1. Pulling all watercourse crossings, 2. Waterbarring road surfaces (including interception of the ditch line), 3. Pulling back excess overburden where there is significant risk of fill failure that would deliver sediment to a watercourse, and 4. Grass seeding and mulching of cut and fill surfaces exposed during decommissioning operations. The Decommissioning Plan shall include a provision to exclude decommissioning activities from occurring during the winter operating period (October 16th through May 14th) unless unseasonably dry weather persists in the fall at the beginning of the winter period. Road decommissioning activities will ceases when four inches of cumulative rainfall is reached or a National Weather Service forecasted rainfall amount will reach or exceed the four inch cumulative total. No road decommissioning will be allowed prior to May 15th or after November 15th. The Decommissioning Plan will include a five-year schedule for review of the decommissioned roadways to ensure that management roads no longer needed for log transportation or administrative access are changed to the appropriate decommission status. Short-Term Task THS-8: Road Maintenance and Inspection-Mainline and Appurtenant Roads. Prior to September 15th of each year, the Tribe will inspect all mainline roads on Phase 1 timberlands for needed maintenance for erosion control measures. The inspections will assess the effectiveness and conditions of all erosion control and drainage structures. The Tribe shall develop a database listing of mainline roads for incorporation of the annual inspection results and recommendations for any necessary erosion control or drainage feature repairs. Short-Term Task THS-9: Road Maintenance and Inspection-Secondary Roads. The Tribe will inspect all secondary roads on timberlands accessible by vehicle truck, including roads yet to be decommissioned. The inspections shall assess the following: December 2012 AES 49 Yurok Tribe, California NPS Assessment and Management Program Plan 1. 2. 3. 4. Adequate waterbar spacing, depth, and complete diversion of water flow onto undisturbed soil; Interception of the ditch line by ditch relief structures; Areas having poorly drained low spots or inadequately breached outside berms; That ditches are open and properly functioning, free of debris that could plug the ditch or a culvert, and cause a diversion of water onto the road surface; 5. Culverts are functioning properly such that the culver is not rusted our or separated at a joint, water is flowing through the pipe and not underneath, and sediment and debris is not reducing flow capacity through the culvert; and 6. Forest floor discharge sites below the outlets of drainage facilities for evident of sediment delivery to Reservation waters accessible to maintenance crews. Based on the results of the inspection, the Tribe will prioritize maintenance or repairs that are needed based on treatment immediacy (probability and potential for sediment delivery being low, moderate, or high). The Tribe shall input the results of the inspections into the database developed under Task THS-9. Long-Term Task THS-10: Forest Carbon Projects. The Tribe will maintain all Tribal improved forest management carbon offset projects in compliance with applicable protocols. These carbon projects shall be incorporated and managed in accordance with the Tribe’s FMP. Hydromodification and Habitat Alteration GOAL: Reduce sedimentation of Tribal waters from eroding streambanks and shorelines. Short-Term Task HHA-1: Assessment of Streambanks. YTFP will continue to assess the conditions of streambanks and on priority Reservation waters not included in the RMZ program prepared under Task A-1. The assessment shall identify stretches of priority Reservation waters that exhibit eroded streambanks and rank the impaired locations to establish a priority listing for restoration activities. Assessment methodologies may include but is not limited to visual assessment and interferometric synthetic aperture radar (IFSAR) or infrared aerial photography. Long-Term Task HHA-2: Streambank Restoration YTFP will continue to implement the Lower Klamath River Restoration Plan to restore streambanks in prioritized watersheds. YTFP in coordination with YTEP will also continue to perform detailed monitoring and assessments in watersheds that flow into the Klamath River to develop specific restoration strategies to be implemented as funding is secured. Construction GOAL: Reduce sedimentation and chemical contamination of Tribal waters from construction activities on Tribal lands. Short-Term Task C-1: Construction-Erosion Control Measures YTEP shall incorporate the following mitigation language for erosion control as required BMPs within the Water Quality Certification Permitting Process to the extent applicable, feasible, and reasonable, including activities related to logging operation on timberlands: December 2012 AES 50 Yurok Tribe, California NPS Assessment and Management Program Plan 1. Appropriate erosion control measures will be utilized to minimize erosion and prevent sediment from entering watercourses during all road and landing construction activities. Erosion control measures to be utilized will include, but not be limited to,: a. Road surfacing, b. Dispersing runoff into stable vegetated filter areas, c. Armoring with rock rip-rap, d. End hauling waste material to stable locations, e. Construction of rolling dips, critical dips, and waterbars, and f. Mulching and revegetation of disturbed surfaces as soon as practicable. 2. Where construction activities are conducted in close proximity to watercourses, additional erosion control protection measures will be utilized to trap sediment and minimize it entry into watercourse. As required, slash filter windrows, silt fences, mulching and/or straw bale check dames will be used to control runoff over fill slopes and along concentrated runoff flow paths. 3. All watercourse crossing and cross drains will be installed and functional prior to October 15th. In addition, by October 15th, all waterbars, rolling dips, and road and landing construction associated with straw mulching and grass seeding will be completed in order to minimize suspended or mobilized sediment delivery to a watercourse. 4. Prior to the beginning of the first winter period (October 15th) following construction, all new cut and fill slopes on road construction within RMZs of Reservation watercourses will be seeded at a rate of at least 30 pounds per acre and mulched to a depth of at least two inches (before settling) with 90 percent coverage. 5. At temporary crossings, the fill slop will be pulled back to the natural side slopes and deposited in a stable location where sediment will not deliver to any watercourses. All exposed areas associated with the crossing will be seeded at a rate of at least 30 pounds per acre and mulched to a depth of at least two inches (before settling) with 90 percent surface coverage. Short-Term Task C-2: Construction-Construction Traffic Construction areas will be managed properly to control erosion by stabilizing entrances and proper traffic routing. All construction entrances shall be developed with a pad of gravel or rock over filter cloth. To maximize effectiveness, the rock pad should be at least 50 feet long and 10 to 12 feet wide. The gravel should be 1- to 2-inch aggregate 6 inches deep laid over a layer of filter fabric. Maintenance of construction access driveways will include pressure washing the gravel to remove accumulated sediment and adding more rock to maintain thickness. Runoff from this entrance should be treated before exiting the site. This practice can be combined with a designated truck wash down station to ensure sediment is not transported off-site. Where possible, construction traffic should be directed to avoid existing or newly planted vegetation. Instead, it should be directed over areas that must be disturbed for other construction activity. YTEP will incorporate these provisions into the Water Quality Certification Permitting Process. Short-Term Task C-3: Construction-Equipment Runoff Control Through the Water Quality Certification Permitting Process, YTEP will prohibit thinners or solvents from being discharged into sanitary or storm sewer systems or into surface water systems, when cleaning machinery. YTEP shall require alternative methods for cleaning larger equipment parts, such as high-pressure, high-temperature water washes or steam cleaning. Equipment-washing detergents can be used and wash water December 2012 AES 51 Yurok Tribe, California NPS Assessment and Management Program Plan appropriately discharged. YTEP shall require that small parts be cleaned with degreasing solvents that can be reused or recycled. Washout from concrete trucks will be prohibited from being dumped directly into surface waters or into a drainage leading to surface waters. Acceptable concrete washout disposal areas shall include: 1. A designated area that will later be backfilled, 2. An area where the concrete wash can harden, can be broken up, and can then be appropriately disposed, or 3. A location not subject to surface water runoff and more than 50 feet away from receiving water. Urban Runoff GOAL: Reduce sedimentation and chemical contamination of Tribal waters from Tribal population centers and operations. Short-Term Task UR-1: Urban Planning The Planning Department shall incorporate provisions within the Tribe’s land use plan (LUP) to avoid conversion, to the extent practicable, of areas that are particularly susceptible to erosion and sediment loss. The LUP should identify preservation areas for lands that are determined to be necessary to maintain or improve water quality and aquatic habitat and incorporate measures to minimize the development of impervious surfaces during the planning and design stages of Tribal development projects. Short-Term Task UR-2: Solid Waste and Hazardous Management. YTEP’s Pollution Prevention Division will work with Tribal departments to install secondary containment/treatment at solid and hazardous waste storage areas. Short-Term Task UR-3: Assess Unpaved Tribal Roadways and Pathways. The Transportation Program shall maintain and update its Indian Reservation Roads (IRR) Inventory annually and document existing conditions related to runoff conditions and existing NPS pollution controls. The RMD shall assess each inventoried Tribal unpaved roadway and pathway to establish baseline conditions for the implementation of stabilization BMPs to reduce erosion and high-sediment runoff. Each assessed roadway shall be delegated a priority rating for the implementation of stabilization BMPs. Short-Term Task UR-4: Parking Runoff Management. YTEP will work with Tribal staff to install BMPs near drainages that receive runoff from parking areas. These would include the maintenance/development of vegetated strips to treat runoff from parking lots. Long-Term Task UR-5: Stabilize Unpaved Roadways and Pathways. The RMD will implement/coordinate projects to stabilize unpaved roads on Tribal lands by implementing stabilization BMPs. Stabilization BMPs may include a mixture of the following: Preserve and maintain a proper road crown for good drainage. Free water cannot be allowed to stand in ruts or potholes or it will soak into the surface. Keep the road surface tight with regular grading. December 2012 AES 52 Yurok Tribe, California NPS Assessment and Management Program Plan Maintain natural buffers and drainage. Stable and well-vegetated drainage areas should be preserved. The natural buffer between the road and waterway or wetland helps reduce the velocity of runoff and removes some of its sediments. Ensure that ditches and swales are properly lined to prevent erosion. Ditches work by controlling, slowing, and filtering road runoff through vegetation or rock lining. Perform regular maintenance to keep ditches clear and stable. Avoid slopes steeper than 2:1 unless stabilization methods are employed. A stable ditch or swale will not become an erosion problem. Inspect culverts on a regular basis. Properly sized and installed culverts can reduce erosion by controlling the volume and velocity of discharges. Protect inlets and outlets by marking their location, stabilizing entry and exit zones, and maintaining ditch linings to prevent erosion. Water should outlet to areas with moderate slopes and vegetative buffers before entering surface waters. This type of outlet, often referred to as daylighting, allows most sediments and other pollutants to be removed before runoff enters surface waters. Install diversions at all pipes, culverts, and swales where water velocity may cause erosion. Design and size outlet protection for anticipated water velocities. Maintain as much natural vegetation as possible. Vegetation absorbs water, reducing the amount of storm water the road drainage system must handle. Extra care should be taken to protect large trees during roadwork because their roots hold soil in place. Long-Term Task UR-6: Wetland Monitoring Program. YTEP will coordinate with YTFP to expand and maintain its wetland monitoring program and to integrate wetland monitoring into existing programs as funding is available. Short-Term Task UR-7: Update Water Quality Control Plan to Address Sediment. YTEP will update the WQCP to include sediment quality objectives consistent with the Water Quality Control Plan for Enclosed Bay and Estuaries of California – Part I Sediment Quality. Long-Term Task UR-8: Assess Toxicity of Sediments. YTEP will continue to collaborate with State and Federal agencies to evaluate the toxicity of the sediments in the KRE. Recent results from Federal and State screening activities provide background levels of sediment toxicity to compare future sampling results in order to track spatial and temporal trends. Resource Extraction GOAL: Reduce sedimentation and chemical contamination of Tribal waters from Tribal population centers and operations. Short-Term Task RE-1: Survey of Sediment Sources. Tribal departments and programs will evaluate sediment sources within or near planned resource extraction activities on the Reservation that have the potential to impact Tribal waters. This process will identify problem areas within the project area and appropriate BMPs will be prescribed and implemented to minimize NPS pollution impacts from occurring. December 2012 AES 53 Yurok Tribe, California NPS Assessment and Management Program Plan Short-Term Task RE-2: Stockpile Management. The Tribe shall require the installation of the following stockpile BMPs for mining stockpiles and construction debris stockpiles on the Reservation: Locate stockpiles a minimum of 50’ away from concentrated flows of storm water, drainage courses, and inlets. Protect stockpiles from storm water run-on using temporary perimeter sediment barriers such as berms, dikes, fiber rolls, silt fences, sandbags, gravel bags, or straw bale barriers. Provide silt fences or other effective sediment control BMPs around soil stockpiles except when stockpiles are being actively worked (i.e., controls must be in place evenings, weekends, and other down times). Soil stockpiles not disturbed for over 14 days must be covered or protected with soil stabilization measures. Long-Term Task RE-3: Development of Stormwater Control Requirements at Tribal Development Sites. YTEP, in coordination with the Tribal Council, will develop a Stormwater Pollution Prevention and Best Management Practices Ordinance (SWPP Ordinance). The SWPP Ordinance will require storm water pollution controls, such as the installation of perimeter sediment barriers such as berms, dikes, fiber rolls, silt fences, sandbags, gravel bags, or straw bale barriers, for Tribal development projects that are not required to implement such controls in accordance with the CWA (for example development projects disturbing less than one acre of land). The SWPP Ordinance will provide exemptions for maintenance activities and small development projects that would not likely result in NPS pollution. Agriculture GOAL: Reduce sedimentation and bacterial contamination of Tribal waters from agricultural (grazing) and sedimentation and water quality impairment from clandestine marijuana growing operations. Short-Term Task AG-1: Grazing Management YTEP shall develop an education program for distribution to operators of non-Tribal grazing operations on the Reservation or other lands with the potential to impact Reservation water quality detailing recommended grazing management practices. The educational program should promote, and assist with implementation if requested, grazing management practices including: 1. Providing stream crossings or hardened watering access for cattle drinking; 2. Providing alternative drinking water locations away from surface waters; 3. Locating salt and additional shade, if needed, away from sensitive riparian areas, stream buffering areas, and surface waters; 4. Improving herding strategies to reduce the physical disturbance and reduce direct loading of animal waste and sediment to surface waters; and 5. Maintenance of range, pasture, and other grazing lands in accordance with activity plans established by either the U.S Forest Service or the California Rangeland Water Quality Management Plan. December 2012 AES 54 Yurok Tribe, California NPS Assessment and Management Program Plan Long-Term Task AG-2: Clandestine Marijuana Growth Operations The Tribe shall coordinate with the BIA, U.S. Department of Justice, County Sheriffs, and other federal and state agencies as appropriate to identify and eradicate clandestine marijuana grow operations (CMGO) on Tribal land. The Tribe will develop a process to evaluate forested areas that were cleared as a result of CMGO. The evaluation process may include, but is not limited to, soil sampling to assess for contamination resulting from fertilization and pest control activities commonly associated with CMGO, including the use of rat poison to deter pests from attacking the crops, and vegetation/timber restoration practices consistent with the most current version of the FMP. 10.5 Implementation Schedule The implementation of the following schedule (Table 7) depends on approval by the SWRCB and the USEPA and the availability of adequate funding pursuant to Section 319 of the CWA and other applicable sources. YTEP and other Tribal departments and programs reserve the right to alter or modify this schedule based on immediate needs, resources available, and economics. TABLE 7 NPS Implementation Schedule (Fiscal Year) Task SHORT-TERM TASK THS-1: Dedication of Riparian Management Zones. Year 1 Year 2 Year 3 Year 4 Year 5 X X X X X SHORT-TERM TASK THS-2: RMZ Revegetation. X X X X X LONG-TERM TASK THS-3: Management of Riparian Management Zones. X X X X X LONG-TERM TASK THS-4: Silviculture Practices-Pesticide Use. X X X X X LONG-TERM TASK THS-5: Silviculture Practices-Timber Resource Management. X X X X X LONG-TERM TASK THS-6: Silviculture Practices-Timber Harvest Rotations. X X X X X SHORT-TERM TASK THS-7: Logging Road Decommissioning. X SHORT-TERM TASK THS-8: Road Maintenance and Inspection-Mainline and Appurtenant Roads. X X X X X SHORT-TERM TASK THS-9: Road Maintenance and Inspection-Secondary Roads. X X X X X LONG-TERM TASK THS-10: Forest Carbon Projects. X X X X X SHORT-TERM TASK HHA-1: Assessment of Streambanks. X X X X X December 2012 AES 55 Yurok Tribe, California NPS Assessment and Management Program Plan Task LONG-TERM TASK HHA-2: Streambank Restoration Year 1 Year 2 Year 3 Year 4 Year 5 X X X X X SHORT-TERM TASK C-1: Construction-Erosion Control Measures X X X X X SHORT-TERM TASK C-2: Construction-Construction Traffic X X X X X SHORT-TERM TASK C-3: Construction-Equipment Runoff Control X X X X X SHORT-TERM TASK UR-1: Urban Planning X X SHORT-TERM TASK UR-2: Solid and Hazardous Waste Management. X X X X X SHORT-TERM TASK UR-3: Assess Unpaved Tribal Roadways and pathways. X X X X X SHORT-TERM TASK UR-4: Parking Runoff Management. X X LONG-TERM TASK UR-5: Stabilize Unpaved Roadways and Pathways. X X X X X LONG-TERM TASK UR-6: Wetland Monitoring Program. X X X X X SHORT-TERM TASK UR-7: Update Water Quality Control Plan to Address Sediment X LONG-TERM TASK UR-8: Assess Toxicity of Sediments X X X X X SHORT-TERM TASK RE-1: Survey of Sediment Sources. X X X X X SHORT-TERM TASK RE-2: Stockpile Management. X X X X X X X LONG-TERM TASK RE-3: Development of Storm water Control Requirements at Tribal Development Sites. X SHORT-TERM TASK AG-1: Grazing Management X LONG-TERM TASK AG-2: Clandestine Marijuana Growing Operations December 2012 AES X 56 X Yurok Tribe, California NPS Assessment and Management Program Plan SECTION 11.0 References Yurok Tribe, 2012. Draft Integrated Resources Management Plan. Yurok Tribe, California State Water Resources Control Board (State Water Board), California North Coast Regional Water Quality Control Board (Regional Water Board), California Department of Forestry and Fire Protection (CAL FIRE), and the United States Bureau of Indian Affairs, Pacific Regional Office (BIA) , 2011. Yurok Acquisition Cooperative Agreement. Yurok Tribe and State Water Board, 2011. Installment Sale Agreement State Revolving Fund Project No. C06-5348-110, Agreement No. 10-822-550. Yurok Tribe, 2012. Draft Application of the Yurok Tribe for Treatment in the Same Manner as a State Under Clean Water Act Sections 303 and 401. Yurok Tribe, 2012. Working Forest Management Plan. Draft Copy. July 1, 2012. Yurok Tribe Environmental Program (YTEP), 2012. Final Quality Assurance Program Plan (QAPP) for Water Quality Assessment and Monitoring. Revised April 2012. YTEP, 2011. CWA 106 Water Quality Assessment Narrative: Water Year 2011. December, 2011. YTEP, 2012. Final 2011 Klamath River Nutrient Summary Report. March, 2012. YTEP, 2012. Final 2011 Klamath River continuous Water Quality Monitoring Summary Report. April, 2012. YTEP and Yurok Tribal Fisheries Program, 2011. Klamath River Estuary Wetlands 2010 Water Quality Monitoring Report. October, 2011. December 2012 AES 57 Yurok Tribe, California NPS Assessment and Management Program Plan SECTION 12.0 Acronym List 319 Program AGR AHCP Basin BIA BIO BMPs CAL FIRE Caltrans CCC CDFG COL COMM CUL CWA Decommissioning Plan DO DWR E.coli EST FMP FRSH GIS GW HSA HU HUC 18010209 HYSA IFSAR IHS IRR KBMP KE KHSA KR<WTP KR>WTP December 2012 AES Tribal NPS Pollution Control Program Agricultural Supply Aquatic Habitat Conservation Plan Lower Klamath River Valley Groundwater Basin Bureau of Indian Affairs Preservation of Areas of Special Biological Significance Best Management Practices California Department of Forestry and Fire Protection California Department of Transportation California Coastal Conservancy California Department of Fish and Game Cold Freshwater Habitat Commercial and Sport Fishing Cultural Clean Water Act Logging Road Inventory and Decommissioning Plan Dissolved Oxygen California Department of Water Resources Escherichia coli Estuarine Habitat Forest Management Plan Freshwater Replenishment geographic information system Groundwater Recharge Hydrologic Subarea Hydrologic Unit USGS hydrologic unit code Hoopa Yurok Settlement Act interferometric synthetic aperture radar Indian Health Services Indian Reservation Roads Klamath Basin Monitoring Program Klamath Estuary Klamath Hydro-electric Settlement Agreement Klamath River Below Wastewater Treatment Plant Klamath River Above Wastewater Treatment Plant 58 Yurok Tribe, California NPS Assessment and Management Program Plan KRE LES LKRWRP LUP MAR MCLs MGR MUN NAV NCRWQCB NOAA NPS NPSAMPP NRCS PCSRF PUD PWR RARE REC-1 REC-2 RMD RMZ SDWA Section 319 SEF SPN SWAP SWPP Ordinance SWRCB SWRCB SYU TAS TC TG TMDLs TR Tribe USEPA USFS USFWS USGS December 2012 AES Klamath River Estuary Lower Klamath River Estuary Lower Klamath River Sub-Basin Watershed Restoration Plan land use plan Marine Habitat maximum contaminant levels Migration of Aquatic Organisms Municipal and Domestic Supply Navigation North Coast Regional Water Quality Control Board National Oceanic and Atmospheric Administration Nonpoint Source Nonpoint Source Assessment and Management Program Plan Natural Resource Conservation Service Pacific Coastal Salmon Recovery Fund Yurok Tribe Public Utilities Department Hydropower Generation Rare, Threatened, or Endangered Species Water Contact Recreation Non-Contact Water Recreation Road Maintenance Division riparian management zone Safe Drinking Water Act Section 319 of the Clean Water Act Sediment Evaluation Framework Spawning, Reproduction, and/or Early Development Source Water Assessment Program Stormwater Pollution Prevention and Best Management Practices Ordinance State Water Resources Control Board State Water Resources Control Board sustained yield unit Treatment as a State Klamath River above Tully Creek Klamath River at Turwar Creek USGS Gage Total Maximum Daily Loads Trinity River upstream of Weitchpec Yurok Tribe United States Environmental Protection Agency U.S. Forest Services United States Fish and Wildlife Service U.S. Geological Survey 59 Yurok Tribe, California NPS Assessment and Management Program Plan WARM WCs WE WLD WPCO WQCP YISYL YTCMPSAP YTEP YTFD YTFP YTWRD Yurok Constitution December 2012 AES Warm Freshwater Habitat wetland complexes Klamath River upstream of Trinity River at Weitchpec Wildlife Habitat Yurok Tribe Water Pollution Control Ordinance Water Quality Control Plan for the Yurok Indian Reservation Yurok Indian Sustained Yield Lands Yurok Tribe Coastal Monitoring Program Sampling and Analysis Plan Yurok Tribe Environmental Program Yurok Tribe Forestry Department Yurok Tribe Fisheries Program Tribe Watershed Restoration Department Constitution of the Yurok Tribe 60 Yurok Tribe, California NPS Assessment and Management Program Plan