March 22, 2017 Mr. William E. Blackwell Roseburg Forest Products Co. 98 Mill Street Weed, CA 96094 Dear Mr. Blackwell: Subject: Notice of Violation of Order No. R1-2004-0030, General Waste Discharge

Requirements for Discharges Related to Timber Harvest Activities on Non-Federal Lands in the North Coast Region

File: Timber Harvest Plan 2-16-002 SIS “Weed THP” The purpose of this letter is to notify you that you have violated the General Waste Discharge Requirements for Discharges Related to Timber Harvest Activities on Non-Federal Lands in the North Coast Region (GWDR) Order No. R1-2004-0030. You have also violated the Waste Discharge Prohibitions contained in the Action Plan for Logging, Construction, and Associated Activities in the Water Quality Control Plan for the North Coast Region (Basin Plan) for failure to implement proper Best Management Practices (BMPs). Under California Water Code (CWC) section 13350, you are subject to potential enforcement actions and penalties resulting from the violations. Violations under CWC section 13350 are subject to administrative civil liability penalties of up to $5000 per day. This Notice of Violation (NOV) documents the failure of the Discharger to implement the conditions of the timber harvest plan (THP) approved by CAL FIRE on March 22, 2016. “Discharger” means the timberland owner and anyone working on behalf of the timberland owner in the conduct of timber harvest activities on non-federal lands. This NOV applies to the areas affected by active timber operations in Harvest Unit 1202 during saturated soil conditions and the use of a wet ford on Beaughton Creek. The NOV is supported by observations made on January 27, 2017 and February 2, 2017 by CAL FIRE staff during inspections of timber operations. The CAL FIRE reports are included as Attachments A and B to this NOV. I. Introduction THP 2-16-002 SIS encompasses 197 acres of timber harvest area in the Beaughton Creek Watershed, which is tributary to the Shasta River in the Shasta Valley Hydrologic Area. The THP area is located approximately one mile east of the city of Weed. Regional Water Board staff participated in a pre-harvest inspection of the THP on January 26, 2016, and the THP was enrolled under the GWDR on March 29, 2016.

Mr. William E. Blackwell - 2 - March 22, 2017 II. Notification of Violations by CAL FIRE

On February 13, 2017, Regional Water Board staff received copies of two NOVs of Forest Practice Laws from the Yreka CAL FIRE office. The NOVs included water quality violations associated with THP 2-16-002 SIS observed by CAL FIRE inspector Ryan Wimmer. The first NOV was issued to Licensed Timber Operator (LTO) CLT Logging on February 3, 2017 and details the results of an inactive inspection of the THP area which took place on January 27, 2017. During this inspection, Inspector Wimmer reported observing heavy equipment tracks that indicated use of a wet ford on Beaughton Creek, a Class I watercourse. THP 2-16-002 SIS identifies this ford as “R3” in the Map Point Table and states, “This Class I ford on Beaughton Creek shall not be used for timber operations.” The use of this crossing violates the Erosion Control Plan included in the THP. The second NOV was issued to LTO Sutherland Logging on February 3, 2017 and details the results of an active inspection of the THP area which took place on February 2, 2017. During this inspection, Inspector Wimmer reported observing log hauling and loading occurring in saturated soil conditions. Light precipitation was occurring throughout the inspection and overland flow and rilling in the roadbed was observed. Wheel ruts and ponding were noted on the road surface and erosion control features were not present on the road in the area of active operations. Mitigation required by CAL FIRE to address this violation include installation of waterbreaks on the road near the active landing. The failure to implement adequate BMPs, as well as the threat to cause pollution, contamination, or nuisance from THP activities, are violations of the GWDR and the Basin Plan.

III. Requirements of the GWDR and Basin Plan:

GWDR Section III.A: Discharge Prohibitions:

1. Discharges of waste, which are not otherwise authorized by waste discharge requirements issued by this Regional Board or the State Water Resources Control Board, to waters of the state are prohibited, except as allowed in section III.A.5.

2. Discharges shall not cause or threaten to cause pollution, contamination, or nuisance. 3. Discharges shall not adversely impact human health or the environment or the

beneficial uses of water set out in the Basin Plan. 4. Authorization pursuant to these General WDRs does not constitute an exemption to

applicable water quality requirements. 5. Discharges are authorized only where they do not cause or contribute to a violation or

exceedance of applicable water quality requirements and are controlled through implementation of appropriate project design and management measures for prevention and minimization of waste discharges.

GWDR Section III.D: Erosion Control Plan:

An Erosion Control Plan (ECP) shall be developed and implemented for each Project enrolled under these General WDRs. The ECP shall be developed for the entire Project area, including roads used for timber harvest activities owned by or under the control of the Discharger. The ECP shall be designed to prevent and minimize the discharge or threatened discharge of sediment or other earthen material from controllable sediment discharge sources into waters of the state to the degree necessary to avoid a violation of applicable water quality requirements or other provisions of this Order.

Mr. William E. Blackwell - 3 - March 22, 2017

Sediment discharge sources include, but are not limited to, failing or failed watercourse crossings, road failures, road surfaces, landslides, unstable features discharging to or near watercourses, unstable watercourse banks, soil stockpiles, storage of sediment, vehicle and equipment storage and service areas, skid trails, landings, exposed harvest units, or any other location discharging sediment or earthen materials. The ECP shall be amended and revised, when necessary, to meet this standard.

Basin Plan Section IV: Discharge Prohibitions:

1. The discharge of soil, silt, bark, slash, sawdust, or other organic and earthen material from any logging, construction, or associated activity of whatever nature into any stream or watercourse in the basin in quantities deleterious to fish, wildlife, or other beneficial uses is prohibited.

2. The placing or disposal of soil, silt, bark, slash, sawdust, or other organic and earthen material from any logging, construction, or associated activity of whatever nature at locations where such material could pass into any stream or watercourse in the basin in quantities which could be deleterious to fish, wildlife, or other beneficial uses is prohibited.

IV. Findings CAL FIRE inspector Ryan Wimmer inspected the THP area again on February 15, 2017 and timber operations were inactive. Adequate waterbreaks were in place on the roads near the active landing and associated haul roads at the time of the February 15 inspection and there was no evidence of continued use of the wet ford at map point R3. No further action is required at this time by you or your staff to resolve this NOV. Please contact Jonathan Meurer at 707-576-6707 or Dean Prat at 707-576-2801 if you have any questions or need more information regarding this matter. Sincerely, Fred Blatt, Division Chief Nonpoint Source and Surface Water Protection Division 170322_JRM_er_2-16-002SIS_GWDR_NOV Attachments: Attachment A. CAL FIRE Notice of Violation of Forest Practice Laws (inactive) Attachment B. CAL FIRE Notice of Violation of Forest Practice Laws (active) cc: Sutherland Logging, 7101 Del Rico Court, Palo Cedro, CA 96073 CLT Logging, P.O. Box 130, Grenada, CA 96038 Diana Henrioulle, Regional Water Board – Diana.Henrioulle@waterboards.ca.gov Ryan Wimmer, CAL FIRE – ryan.wimmer@fire.ca.gov