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§ 3945.1. Program for Control of Mercury in Cache Creek, Bear Creek, Sulphur Creek, and Harley ...


Barclays Official California Code of Regulations Currentness
Title 23. Waters
Division 4. Regional Water Quality Control Boards
Chapter 1. Water Quality Control Plans, Policies, and Guidelines
Article 5. Central Valley Region
23 CCR § 3945.1
§ 3945.1. Program for Control of Mercury in Cache Creek, Bear Creek, Sulphur Creek, and Harley Gulch.
The amendment establishes water quality objectives for average methylmercury concentrations of 0.12 and 0.23 milligram per kilogram (mg/kg), wet weight, respectively, in large, trophic level 3 and 4 fish in Cache Creek (Clear Lake to Yolo Bypass), North Fork Cache Creek, and Bear Creek. It also establishes the average methylmercury concentration of 0.05 mg/kg, wet weight, in whole, trophic level 2 and 3 fish in Harley Gulch.
The amendment also requires monitoring of fish tissue, water, and sediment to determine compliance with the methylmercury fish tissue objectives and verify implementation of mercury controls.
The amendment adds the commercial and sport fishing (COMM) beneficial use to Cache Creek from Clear Lake to Yolo Bypass and in the following tributaries only: North Fork Cache Creek and Bear Creek.
The amendment establishes the following implementation provisions:
1. Establishes annual average methylmercury (unfiltered) aqueous goals for evaluating achievement of load allocations.
2. Establishes load allocations of methylmercury from nonpoint sources by watershed.
3. Requires 95 percent total mercury load reduction from inactive mines.
4. Requires mine owners to submit cleanup plans for mines and downstream wetlands and complete remedial activities by 2011 and to develop creek sediment cleanup plans thereafter.
5. Requires the U.S. Bureau of Land Management to evaluate engineering options to control erosion at the bottom of Harley Gulch and to clean up the sediment, if feasible projects are identified.
6. Requires that road construction projects or maintenance activities of the California Department of Transportation (Caltrans) comply with Caltrans' statewide Storm Water Management Plan and implement best management practices to control erosion, including pre-project assessments to identify areas with enriched mercury and descriptions of additional management practices that will be implemented in these areas.
7. Requires non-Caltrans road departments to control erosion and submit information describing the management practices that will be implemented to control erosion.
8. Requires landowners and project proponents to control erosion, minimize discharges of mercury and methylmercury, and submit erosion control plans for changes in land use or new projects that are expect to increase mercury or methylmercury discharges.
9. Requires new impoundments, reservoirs, ponds, and wetlands to be constructed and operated to preclude an increase in methylmercury concentrations in Cache Creek, Bear Creek, Harley Gulch, and Sulphur Creek.
10. Requires the California Department of Parks and Recreation to evaluate potential management practices to reduce methylmercury loads from Anderson Marsh.
11. Requires owners of the Wilbur Hot Springs resort to not increase mercury or methylmercury loads.
12. Requires Central Valley Water Board review every five years.
1. New section summarizing amendments to basin plan filed 10-17-2006; amendment approved by State Water Resources Control Board Resolution No. 2006-0054 on 7-19-2006; amendments approved by OAL pursuant to Government Code section 11353 on 10-17-2006 (Register 2006, No. 42)
This database is current through 6/24/22 Register 2022, No. 25
23 CCR § 3945.1, 23 CA ADC § 3945.1
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