EXHIBIT 8-A
2006-2007 ANNUAL REPORT EXECUTIVE SUMMARY
(July 1, 2006 -
June 30, 2007)
MPWMD MITIGATION PROGRAM
WATER ALLOCATION
PROGRAM ENVIRONMENTAL IMPACT REPORT
MONTEREY PENINSULA
WATER MANAGEMENT DISTRICT
Prepared August 2009
I. INTRODUCTION AND BACKGROUND:
In April 1990, the Water Allocation Program Final Environmental Impact Report (EIR) was prepared for the Monterey Peninsula Water Management District (MPWMD or District) by Mintier and Associates. The Final EIR analyzed the effects of five levels of annual California American Water (CAW or Cal-Am) production, ranging from 16,744 acre-feet per year (AFY) to 20,500 AFY. On November 5, 1990, the MPWMD Board certified the Final EIR, adopted findings, and passed a resolution that set Option V as the new water allocation limit. Option V resulted in an annual limit of 16,744 AFY for CAW production, and 3,137 AFY for non-CAW production, with a total allocation of 19,881 AFY for the Monterey Peninsula Water Resource System (MPWRS).
Even though Option V was the least damaging alternative of the five options analyzed in the Water Allocation Program EIR, production at this level still resulted in significant, adverse environmental impacts that must be mitigated. Thus, the findings adopted by the Board included a "Five-Year Mitigation Program for Option V" and several general mitigation measures.
In June 1993, Ordinance No. 70
was passed, which amended the annual CAW production limit from 16,744 AF to
17,619 AF, and the non-CAW limit from 3,137 AF to 3,054 AF; the total
production limit was increased from 19,881 AF to 20,673 AFY due to new supply
from CAW’s Paralta Well in
The Five-Year Mitigation Program formally began in July 1991 with the new fiscal year (FY) and was slated to run until June 30, 1996. Following public hearings in May 1996 and District Board review of draft reports through September 1996, the Five-Year Evaluation Report for the 1991-1996 comprehensive program, as well as an Implementation Plan for FY 1997 through FY 2001, were finalized in October 1996. In its July 1995 Order WR 95-10, the State Water Resources Control Board (SWRCB) directed CAW to carry out any aspect of the Five-Year Mitigation Program that the District does not continue after June 1996. To date, as part of the annual budget approval process, the District Board has voted to continue the program. The Mitigation Program presently accounts for a significant portion of the District budget in terms of revenue (derived primarily from the MPWMD user fee on the CAW bill) and expenditures.
The
This 2006-2007 Annual Report will first address general mitigation measures relating to water supply and demand (Sections II through VIII), followed by mitigations relating to specific environmental resources (Sections IX through XII). Section XIII provides a summary of costs for the biological mitigation programs as well as related hydrologic monitoring, water augmentation and administrative costs. Section XIV presents selected references by topic.
Table 1 summarizes the mitigation measures described in this report. In subsequent chapters, for each topic, the mitigation measure adopted as part of the Final EIR is briefly described, followed by a summary of activities relating to the topic in FY 06-07 (July 1, 2006 through June 30, 2007 unless noted otherwise). Monitoring results, where applicable, are also presented. Tables and figures that support the text are found at the end of each section in the order they are mentioned in the text. Finally, a summary of observed trends, conclusions and/or recommendations is provided, where pertinent.
ACCOMPLISHMENTS:
Many activities are carried out
as part of the MPWMD Mitigation Program to address the environmental effects
that community water use has upon the
OBSERVED TRENDS, CONCLUSIONS AND/OR RECOMMENDATIONS:
The following paragraphs describe observed trends (primarily qualitative), conclusions and/or recommendations for the mitigation program. General conclusions are followed by a summary of selected categories.
General Overview
In general, the
The comprehensive MPWMD Mitigation Program is an important factor responsible for this improvement. Direct actions such as fish rescues and rearing, and riparian habitat restoration literally enable species to survive and reproduce. Indirect action such as conservation programs, water augmentation, ordinances/regulations and cooperative development of CAW operation strategies result in less environmental impact from human water needs than would occur otherwise. The District’s comprehensive monitoring program provides a solid scientific data baseline, and enables better understanding of the relationships between weather, hydrology, human activities and the environment. Better understanding of the Monterey Peninsula Water Resource System enables informed decision-making that achieves the District’s mission of benefiting the community and the environment.
It is acknowledged that there are
other important factors responsible for this improved situation. For example, since 1991, the
Despite these improvements,
challenges still remain due to human influence on the river. The steelhead and red-legged frog remain
listed as threatened species under the ESA.
Several miles of the river still dry up each year, harming habitat for
fish and frogs. The presence of the two
existing dams, flood plain development and water diversions to meet community
needs continue to alter the natural dynamics of the river. Stream bank restoration projects may be
significantly damaged in large winter storm events, and some people continue to
illegally dump refuse into the river or alter their property without the proper
permits. Thus, the Mitigation Program
(or a comprehensive effort similar to it) will be needed as long as significant
quantities of water are diverted from the
Water Resources
Streamflow and precipitation data
continue to provide a scientific basis for management of the water resources
within the District. These data continue
to be useful in
There is limited storage of
surface water by dams on the
Groundwater levels, and
consequently groundwater storage conditions, in the Carmel Valley Alluvial
Aquifer have maintained a relatively normal pattern in recent years, in
contrast to the dramatic storage declines that were observed during the
prolonged 1987-1991 drought period. The
relatively stable storage in the
In contrast, storage conditions
in the coastal portion of the
To address this storage depletion
trend, the District initiated efforts in the 2000-2001 timeframe to prepare a
Seaside Basin Groundwater Management Plan in compliance with protocols set by
the State of
One of the means to mitigate this
observed storage depletion trend is a program that the District has been
actively pursuing since 1996 -- the Seaside Basin groundwater injection program
(also known as aquifer storage and recovery, or ASR) where excess flow from the
Carmel River, as specified by state and federal resource agencies, is injected
into the Seaside Basin for use during dry periods. It is anticipated that ASR will play an
increasing important role in addressing groundwater concerns in both the
Groundwater quality conditions in
both the Carmel Valley Alluvial Aquifer and
Steelhead Resource
Monitoring conducted by the District shows that the
Ø Improvements in streamflow patterns, due to favorable natural fluctuations, exemplified by relatively high base flow conditions since 1995;
Ø The District’s and the SWRCB rules to actively manage the rate and distribution of groundwater extractions and direct surface diversions within the basin;
Ø
Changes to CAW’s operations at
Ø Improved conditions for fish passage at Los Padres and San Clemente Dams due to physical improvements;
Ø
Recovery of riparian habitats, tree cover along
the stream, and increases in woody debris, especially in the reach upstream of
Ø Extensive rescues (and rearing) by MPWMD of juvenile steelhead over the last 18 years, now totaling 250,297 fish through December 31, 2006; and by the transplantation of the younger juveniles to viable habitat below Los Padres Dam, and of older smolts to the lagoon or ocean; and
Ø Implementation of a captive broodstock program by Carmel River Steelhead Association and California Department of Fish and Game (CDFG), and planting of 186,882 juvenile fish, including 73,786 fry, 84,679 fingerlings, and 28,417 smolts during the period from 1991 to 1994.
Though overall populations are improved since the inception of the Mitigation Program in 1990, District staff has noticed a period of decline in the adult run from 2001 to 2006, even though the juvenile population density have increased or fluctuated within a “normal” range. At present, the reasons for period of decline in adult returns are not obvious, but may be related to a combination of controlling and limiting factors including:
Ø
Better spawning conditions in the lower
Ø Chronic poor water quality in the lagoon that causes annual fish die-offs or high predation, especially in low-flow years, thus resulting in fewer returning adults;
Ø Low numbers of juvenile fish in 1999, 2001, and 2004 affecting subsequent adult populations;
Ø Migration barriers such as the Old Carmel River Dam;
Ø Chronic, and occasionally acute fall temperature and hydrogen sulfide levels below Los Padres Dam;
Ø Potential for enhanced predation on smolts migrating through the sediment fields of Los Padres and San Clemente Reservoirs;
Ø Poor ocean conditions; and
Ø Ongoing but limited impacts of fishing (i.e., approximately 1.5% incidental mortality associated with catch-and-release fishing for adults in the winter season, and catch-and-release fishing for juvenile steelhead from in the upper watershed during the Spring/Summer trout season that may slightly reduce the number of fish that reach the ocean).
A recent challenge that may remain for some years is the potential effects of substantive physical and operational changes to San Clemente Dam required by the California Department of Water Resources, Division of Safety of Dams (DWR/DSOD), including possible removal of the dam. The most significant issue is the effect of released sediment from the reservoir on downstream river habitat, proper functioning of MPWMD’s Sleepy Hollow Steelhead Rearing Facility, and downstream property owners (flood elevations). Major changes include:
Ø Lowering of the reservoir water level to address seismic safety concerns;
Ø
Significant changes in the sediment regime in
the
Ø
Loss of reservoir storage, which, in the past,
has helped maintain adequate river flows and cooler water in the lower
However, improvements in State and Federal permit conditions this last year have extended by two weeks, until at least May 1 of each year, the time that the reservoir will remain full and that the fish ladder can operate to pass adult steelhead upstream. This improvement over past standards may result in allowing up to a dozen or more adult steelhead each year to pass San Clemente Dam under the new draw down regimen.
District staff continues
to provide technical expertise and scientific data to CAW engineers
and environmental consultants, DWR/DSOD, CDFG, NOAA Fisheries, U.S. Fish and
Wildlife Service, and others involved in addressing the resource management
issues associated with seismic retrofit of San Clemente Dam. District staff
also continues to provide technical expertise and scientific data to the
California Department of Parks and Recreation, Monterey County Water Resources
Agency,
The
In these areas, natural
recruitment has led to vigorous vegetation encroachment that, in some areas,
may constrict high flows and threaten bank stability. MPWMD continues to monitor these areas
closely and to develop a management strategy to balance protection of native
habitat with the need to reduce erosion potential. Environmental
review of proposed projects and the process of securing permits is quite
complex and requires an exhaustive review of potential impacts.
In
contrast to areas with perennial flow, the recovery of the streamside area
between Rancho Cañada and Quail Lodge has been impacted by increased
groundwater extraction, relative to earlier pumping regimes. In this reach, only irrigated areas are able
to sustain a diversity of plant species.
Plant stress in the late summer and fall is evident in non-irrigated
portions of the river. In these areas,
streambanks exhibit unstable characteristics during high flows, such as sudden
bank collapse, because of the lack of healthy vegetation that would ordinarily
provide stability.
Restoration
project areas sponsored by MPWMD since 1984 continue to mature and exhibit more
features of relatively undisturbed reaches, such as plant diversity and vigor,
complex floodplain topography, and a variety of in-channel features such as
large wood, extensive vegetative cover, pools, riffles, and cut banks. Areas that were repaired after the 1995 and
1998 floods are still developing these natural features. In part, the location and geometry of the
projects constrain the rate of progress toward a fully restored stream channel
(i.e., several are located in highly developed, narrow sections of the river
impacted by groundwater extraction). Also,
many of these projects relied heavily on the use of bank hardening (e.g.,
rip-rap) to stabilize banks, which can discourage plant vigor and diversity.
The
most significant trends include the following:
Ø
Increased oversight of
channel maintenance and restoration activities by Federal agencies,
Ø
Increased groundwater
extraction downstream of
Ø
Significant vegetation
encroachment into the channel bottom,
Ø
Increased avian
species diversity, and
Ø
Maturing of previous
restoration projects.
With the exception of the channel
area between Via Mallorca Road and
It is
likely that the following trends will continue or develop in the near future:
Ø
Permit applications by
MPWMD for river maintenance and restoration work will come under great scrutiny
at all levels of government. More
stringent avoidance and mitigation requirements will be placed on activities
that could have negative impacts on sensitive aquatic species or their
habitats.
Ø
Activities that
interrupt or curtail natural stream functions, such as lining streambanks with
riprap, will be discouraged or denied permits.
Activities that increase the amount of habitat or restore natural stream
functions are more likely to be approved.
Ø
Additional work to add
instream features (such as large logs for steelhead refuge or backwater channel
areas for frogs) will be necessary to restore and diversify aquatic habitat.
Ø
Major restoration
projects completed between 1992 and 1999 will require additional work to
diversify plantings and to maintain irrigation systems during the establishment
period (varies from 5 to 10 years depending on environmental conditions and the
availability of staff resources).
Streambank repairs may be necessary after high flows as previously
installed structural protection works go through an initial adjustment period.
A noticeable change to the channel bottom is the obvious continued degradation (i.e., the river channel is incising into floodplain deposits). This has both a positive and negative aspect. On the plus side, it is clear that sand and fine material has been winnowed out in the past few years, exposing gravel and cobble layers that provide spawning habitat for steelhead and suitable substrate for the food web that steelhead depend on. However, a lack of a natural supply of sediment from the upper watershed (due to the presence of main stem dams) means that the river must remove material from the channel bottom and streambanks to make up for this deficit. The river system downstream of Los Padres Reservoir is considered “sediment starved.”
Because
approximately 35% of the streambanks downstream of Carmel Valley Village have
been altered or hardened over the past 40 years, most of the current sediment
supply comes from scouring of the channel bottom, which results in exposing the
base of streambanks, bridge piers and abutments. Eventually, without corrective measures to balance
the sediment load with the flow of water, streambanks will begin to collapse
and the integrity of bridges will be threatened.
A
comprehensive long-term solution to overall environmental degradation requires
a significant increase in dry season water flows in the lower river, a reversal
of the incision process, and reestablishment of a natural meander pattern. Of these, MPWMD has made progress with
increasing summer low flows and in identifying areas where a natural meander
pattern could be considered. Reversal,
or at least halting of channel incision, may be possible if the supply of
sediment is brought into balance with the transport capacity of the river. Although the supply of sediment to the lower
portion of the river is likely to increase as San Clemente Reservoir fills with
sediment and sand starts to flow down the river, it is likely that the supply
of sediment downstream of the San Clemente Dam will increase slowly in the very
near future and may not halt the incision process.
Presently, DWR
and the U.S. Army Corps of Engineers are jointly moving forward on a combined Environmental Impact Report and
Environmental Impact Statement (EIR/EIS) concerning alternatives to remediate
the safety deficiencies that have been identified at San Clemente Dam. A Final combined EIR/EIS is expected to be
completed in 2007. In the interim, DWR
has directed CAW to draw San Clemente Reservoir down and maintain it 10 feet
lower than the spillway, except between February 1 and April 15 (to allow for
downstream migration of steelhead).
Over the long
term, an increase in sediment supply could help reduce streambank instability
and erosion threats to public and private infrastructure. However, reestablishing a natural supply of
sediment and meander pattern presents significant political, environmental, and
fiscal challenges, and is not currently being considered as part of the
Mitigation Program.
Vegetation Restoration and Irrigation
To the
maximum extent possible, MPWMD-sponsored river restoration projects incorporate
a functional floodplain that would be inundated in relatively frequent storm
events (those expected every 1-2 years).
For example, low benches at the Red Rock and All Saints Projects have
served as natural recruitment areas and are currently being colonized by black
cottonwoods, sycamores and willows. In addition, willow and cottonwood pole
plantings in these areas were installed with a backhoe, which allows them to
tap into the water table. These techniques have been successful and have reduced
the need for supplemental irrigation.
However, as pumping has increased in the lower
The Conservation Agreement
between CAW and NOAA Fisheries has changed the lower
Channel Vegetation Management
Another notable trend relating to the District’s vegetation management program was the widening of the channel after the floods in 1995 and 1998. With relatively normal years following these floods the channel has narrowed as vegetation recruits on the streambanks and gravel bars. Current Federal regulations such as the Endangered Species Act (ESA) “Section 4(d)” rules promulgated by NOAA Fisheries to protect steelhead significantly restrict vegetation management activities. Currently, there are relatively few physical channel restrictions and erosion hazards in the lower 15 miles of the river. In the absence of high winter flows capable of scouring vegetation out of the channel bottom, encroaching vegetation may significantly restrict the channel. As vegetation in the river channel recovers from the high flows of 1995 and 1998 and matures in the channel bottom, more conflicts are likely to arise between preserving habitat and reducing the potential for property damage during high flows. MPWMD will continue to balance the need to treat erosion hazards in the river yet maintain features that contribute to aquatic habitat quality.
Permits for Channel Restoration and Vegetation Management
To cope
with the rising level of environmental analysis and documentation necessary to
obtain permits, MPWMD sought and obtained a long term permit from the Corps and
the California Regional Water Quality Control Board. In January 2001, the District applied to CDFG
to renew a long term Routine Maintenance Agreement (RMA) to conduct regular
maintenance and restoration activities.
The District continued to pursue this RMA during FY 2005-06 and finally
received a signed RMA in October 2005.
The District may also seek long-term permits or agreements with other
regulatory agencies including the Monterey County Water Resources Agency and
Monterey County Planning and Building Inspection Department.
Monitoring Program
Vegetative moisture stress fluctuates depending on the
rainfall, proximate stream flow, and average daily temperatures, and tends to
be much lower in above-normal rainfall years. Typical trends for a single
season start with little to no vegetative moisture stress in the spring, when
the soil is moist and the river is flowing. As the river begins to dry up in
lower
With respect to riparian songbird diversity, populations dropped after major floods in 1995 and 1998 because of the loss of streamside habitat. However, they have rebounded in the last few years and have shown some of the highest diversity since monitoring began in 1992, indicating that the District mitigation program is preserving and improving riparian habitat.
Integrated
Regional Water Management Plan
Though not part of the adopted Mitigation Program, relatively
new cooperative efforts such as the Integrated Regional Water Management Plan
(IRWM Plan) will help result in increased state and federal grant funding for
solutions to augment the Mitigation Program efforts. The District is serving as the lead to
prepare the IRWM Plan for a region encompassing
In an effort to broaden the integration of water resource management
around the
The District continues to support and encourage the ongoing habitat restoration efforts in the wetlands and riparian areas surrounding the Carmel River Lagoon. These efforts are consistent with goals that were identified in the Carmel River Lagoon Enhancement Plan, which was partially funded by the District. The District continues to work with various agencies and landowners to implement restoration of the Odello West property and the Odello East property across Highway 1. Because of the restoration activities on the south side of the lagoon, the District has concentrated its monitoring efforts on the relatively undisturbed north side. District staff have also attended meetings and had discussions with other agencies regarding the use of an old agricultural well and treated water from the Carmel Area Wastewater District to augment the lagoon during periods of low water.
The District expanded its long-term monitoring around the lagoon in 1995 in an attempt to determine if the reduction in freshwater flows due to ground water pumping upstream might be changing the size or ecological character of the wetlands. Demonstrable changes have not been identified. Because of the complexity of the estuarine system, a variety of parameters are monitored, including vegetative cover in transects and quadrats, water conductivity, and hydrology. It is notable that due to the number of factors affecting this system, it would be premature to attribute any observed changes solely to groundwater pumping. During this period, for example, there have been two extremely wet water years (1995 and 1998), two wet water years (2005 and 2006), three above-normal water years (1996, 1997 and 2000), and one critically-dry year (2007) in terms of runoff. Other natural factors that affect the wetlands include introduction of salt water into the system as waves overtop the sandbar in autumn and winter, tidal fluctuations, and long-term global climatic change. When the District initiated the long-term lagoon monitoring component of the Mitigation Program, it was with the understanding that it would be necessary to gather data for an extended period in order to draw conclusions about well draw-down effects on wetland dynamics. It is recommended that the annual vegetation, conductivity, topographical and wildlife monitoring be continued in order to provide a robust data set for continued analysis of potential changes around the lagoon.
Lagoon
bathymetric cross sectional surveys, initially conducted in 1988, have been
completed annually during the dry season since 1994. These data are useful in assessing changes in
the sand supply within the main body of the lagoon. Although significant sand accumulation was
observed during the June 2005 surveys, the September 2006 surveys indicated
just the opposite as significant sand loss or scour was measured at the cross
sections. Notably, the 2005 and 2006
data appear to bracket the variability found in the multi-year data set. Results from the August 2007 survey indicated
that the substrate elevations at the designated cross sections were essentially
unchanged from the elevations measured in September 2006. This lack of change is consistent with the
low flow conditions that occurred in the
Program Costs
Mitigation Program costs for FY 06-07 totaled approximately $3.29 million. The annual cost of mitigation efforts varies because several mitigation measures are weather dependent. The overall costs remained fairly constant (about $1.3-$1.7 million) for many years, except for FY 2000, when an additional $981,786 was added to the capital expense program to fund one half of the acquisition cost of the District’s new office building, bringing the expenditure total to over $2.6 million that year. Expenditures have trended upward in recent years. The FY 2005-2006 expenditures were $3.17 million; the $3.29 expenditures in FY 06-07 were about $120,000 greater than the previous fiscal year due to increased spending for Water Supply and Integrated Regional Water Management Plan (IRGMP) projects. Expenditures for all other categories in FY 06-07 were reduced.
Table 1
SUMMARY OF COMPONENTS OF
MPWMD MITIGATION PROGRAM
July 1, 2006 – June 30, 2007
-- Smolt rescues
-- Build acclimation facility/tagging study
-- Juvenile rescues
-- Build mid-Valley holding facility
-- Adult counts at San Clemente Dam
-- Juvenile population surveys
-- Spawning habitat restoration
--
Fish planting (steelhead broodstock program)
-- Coastal Salmon Recovery Program grant (began mid-2001)
-- Modify critical riffles
-- CAW well irrigation (4 wells)
-- Channel clearing
-- Vegetation monitoring
-- Track and pursue violations
-- River Care Guide booklet
-- CRMP Erosion Protection Program
-- Water quality/quantity
-- Vegetation/soils
_______
Note 1: Mitigation measures are
dependent on implementation of the Lagoon Enhancement Plan by the California
Department of Parks and Recreation, the land owner and CEQA lead agency. Portions of the Enhancement Plan are being
implemented by Cal-Trans as part of a “mitigation banking” project.
Table 2
Summary of Mitigation
Program Accomplishments in 2006-2007
MITIGATION
ACTION |
MAJOR
ACCOMPLISHMENTS IN FY 06-07 |
|
|
Manage Water Production |
Developed and implemented multi-agency Memorandum of Agreement and quarterly water supply strategies; worked cooperatively with resource agencies implementing the federal Endangered Species Act. Implemented ordinances that regulate water distribution systems. |
Manage Water Demand |
Inspected 1,462 properties for conservation compliance, which saved an estimated 27 acre-feet (AF) through required retrofits; approved retrofit refunds for 782 applications, saving an estimated 12 AFY; provided water credit incentives for 274 applicants; conducted public outreach for conservation program. Processed 1,393 permits of various types under allocation program; coordinated with jurisdictions to help streamline permit process. |
Monitor Water Usage |
Complied with SWRCB Order 95-10 for Water Year 2007. |
Augment Water Supply |
Injected 12 AF into |
|
Remained within Water Allocation Program limits. |
Determine Drought Reserve |
Rationing was not required due to adequate storage reserve. |
Steelhead Fishery Program |
Counted 222 adult fish passing San Clemente Dam; rescued 16,375 young steelhead from drying reaches of the Carmel River in July-September 2006; stocked 16,418 fish total at Sleepy Hollow Steelhead Rearing Facility, with 44% survival; continued preparing Rescue and Rearing Management Plan for Facility in consultation with state and federal experts; conducted annual juvenile fish population survey; conducted California Stream Bio-assessment Procedure (benthic invertebrate sampling at 6 stations); coordinated with CAW regarding operations to maximize fish habitat; helped restore Carmel River Lagoon water levels to ensure fish over-summer habitat; provided engineering expertise to Carmel River Steelhead Association for fish habitat enhancement project at Carmel River Lagoon; monitored lagoon water quality for fish. |
Riparian Habitat Program |
Carried out vegetation management at four sites; diversified restoration techniques and experimented with planting techniques to allow trees to mature more quickly with less irrigation; inspected private projects for compliance with permit conditions; continued two enforcement actions to address serious violations of District riparian ordinances; completed annual river inspection; continued long-term monitoring of physical and biological processes; made presentations on MPWMD restoration techniques to general interest and scientific groups. |
Lagoon Habitat Program |
Provided technical expertise and data to multi-agency sponsors of lagoon restoration program; assisted Carmel Area Wastewater District evaluate possible Lagoon augmentation with recycled water; continued vegetation habitat monitoring at eight transect locations; monitored four bathymetric transects; participated in interagency meetings regarding management of lagoon in winter storm events. (See also steelhead efforts that benefit lagoon.) |
|
See Riparian Habitat Program measures. |
U:\staff\word\boardpacket\2009\20090817\ConsentCal\08\item8_exh8a.doc
Finalized:
August 16, 2009