Arroyo Grande Creek Watershed Management Plan
Appendices
March 2009
Appendix L
ARROYO GRANDE WATERSHED AND CREEK MEMORANDUM OF UNDERSTANDING
September 11, 2006
This Arroyo Grande Watershed and Creek Memorandum of Understanding (“MOU”) is made this 11th day of September, 2006, by and between the following organizations, all of which are collectively referred to herein as the “Parties:”
1. City of Arroyo Grande (“AG”) 2. San Luis Obispo County Flood Control and Water Conservation District, Zone 1/1A (Zone 1/1A) 3. San Luis Obispo County Flood Control and Water Conservation District, Zone 3 (Zone 3) 4. County of San Luis Obispo (“County”) 5. City of Grover Beach (“Grover”) 6. City of Pismo Beach (“Pismo”) 7. Oceano Community Services District (“OCSD”) 8. Oceano Airport (“Airport”) 9. South San Luis Obispo County Sanitation District (“SSLOCSD”) 10. Coastal San Luis Resource Conservation District (“RCD”) 11. National Resource Conservation Services (“NRCS”) 12. Central Coast Salmon Enhancement (“CCSE”) 13. California Department of Fish and Game (“CDFG”) 14. California Department of Parks and Recreation (“CDPR”) 15. Regional Water Quality Control Board (“RWQCB”) 16. United States Fish and Wildlife Service (“USFWS”)
I. PREAMBLE / BACKGROUND
The Parties enter into this MOU to develop recommendations to fund programs and develop policies for the maintenance, protection, and enhancement of the Arroyo Grande Watershed and the creeks within the Watershed including the approximate eighty-six (86) square mile area downstream of the Lopez Lake Dam, and including but not limited to, Arroyo Grande, Los Berros, Newsome Springs, Corbett Canyon/Tally Ho, Tar Springs, and Meadow Creeks and sub-watersheds (collectively the “Watershed”), and to define specific roles and responsibilities to implement those programs and policies. It is recognized that past changes in the Watershed, some of which are presently occurring, are due primarily to agricultural operations, urbanization, including dam construction, converted floodplains, channel reconfiguration, removal of riparian
CREEK MAINTENANCE MEMORANDUM OF UNDERSTANDING Page 1 of 9 forests, modification of upslope chaparral and oak woodland, flood control improvements, and pollutant loading, have impacted an environment that is critical to human health, the economic future, safety and welfare, habitat and wildlife values, and recreation and tourism of the communities within the Watershed.
II. MISSION
The purpose of this MOU is to provide an overall understanding, and accountability consensus between the Parties, in order to better protect, manage and enhance the Watershed, creating a sustainable future for the surrounding communities and the environment. Cooperative watershed management provides a powerful resource for developing innovative and creative solutions to critical problems and for leveraging resources to ensure efficient and effective use of public funds.
III. PRINCIPLES
The Parties agree on the following principles and overall policies:
A. Reduce Watershed conflicts (with regard to both the community and the environment);
B. Recognize and support the provisions of responsible water supply, sediment and erosion control, flood management, pollution control and environmental protection for the Watershed;
C. Provide a practical and effective means of maximizing benefits and avoid or mitigate adverse impacts on agricultural resources, riparian, wetland and other ecosystem habitat within Watershed;
D. Have clear goals and, when applicable, measurable objectives;
E. Seek input from the affected communities and implement accordingly;
F. Operate on the principle of continuous monitoring and improvement of the Watershed; and
G. Develop programs capable of implementation, within budget, minimizing cost while maximizing results, and make efficient use of the limited resources available.
IV. COOPERATION
A. The Parties recognize and agree that each of the parties hereto are considered to be stakeholders with a vested interest in the maintenance, protection and enhancement of the Watershed. Each of the Parties recognizes that by working together and providing meaningful cooperation, all Parties may equitably benefit from the actions herein described.
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B. The Parties agree to cooperate with regard to the terms and conditions and policies set forth in this MOU. For the purposes of this MOU, the term cooperate shall include providing staff time, access rights when applicable, proportionate funding, meaningful discussion, space for meetings, conduct meetings, workshops and focus groups, diligent processing of all permits or necessary approvals, report to each of the other Parties of actions within the respective agency which materially relate to the Watershed, strive to continually improve each agency’s understanding of the Watershed system and modify efforts and policies accordingly, and other like activities which will facilitate the cooperative effort and will accomplish the goals and objectives set forth herein.
V. TASKS COMMON TO ALL PARTIES
The Parties recognize and agree that each of the respective agencies shall collectively be responsible for coordinating and accomplishing the following task descriptions:
A. Oversee the process of the maintenance efforts and implementation of the Arroyo Grande Creek Management Plan dated March, 2005, work collectively toward meeting objectives identified in the Arroyo Grande Creek Habitat Conservation Plan (HCP) and Environmental Assessment/Initial Study (EA/IS) For the Protection of Steelhead and California Red Legged Frogs (2004), and address problems identified in the Arroyo Grande Creek Erosion, Sedimentation and Flooding Alternatives Study, 2005 (“Swanson Study”) and the Oceano Drainage and Flood Control Study;
B. Approve a program budget and modify the budget as additional funding is obtained;
C. Partner on, and pursue grant applications to fund identified projects and programs that benefit the Watershed, including grants from the Resources Agency and the California Environmental Protection Agency through the Integrated Watershed Management Program (“IWMP”), Coastal Conservancy, California’s Ocean Action Plan, the Regional Water Quality Control Board, Federal funding programs and other specific funding sources identified in the Arroyo Grande Creek Watershed Management Plan;
D. Continued identification of the desired condition and beneficial uses of the Watershed; and
E. Compile and use available resource information, including the Swanson Study, regarding the Watershed and methods of preserving and enhancing its environment.
VI. TASKS SPECIFIC TO INDIVIDUAL PARTIES
The Parties recognize and agree that each of the respective agencies shall individually be responsible for coordinating and accomplishing the following specific task descriptions:
CREEK MAINTENANCE MEMORANDUM OF UNDERSTANDING Page 3 of 9 A. AG - Provide places for and facilitate meetings, partner on grant applications, assist in developing other funding sources, and improve land use development standards, drainage plans and storm water management plans and provide referrals to parties, to protect the Watershed and Creek environments within the City. B. Zone 1/1A - Provide information and status of flood enhancement projects the district is pursuing with proposition 218 funding and provide input on other projects in the watershed that may impact flood capacity.
C. Zone 3 - Provide regular information on the status and monitoring related to the Arroyo Grande Creek Habitat Conservation Plan for the operation and maintenance of Lopez Reservoir. Develop a program through the HCP Technical Committee to coordinate the HCP required “Best Management Practices” and habitat improvement projects with similar efforts by other parties throughout the watershed.
D. County - Take the lead role in presenting all information and in engineering related issues, partner on grant applications, assist in developing other funding sources, and improve land use development standards to protect the Watershed within the County’s jurisdiction, provide coordination between Flood Control Zone 1/1A and Flood Control Zone 3 as relates to the activities described in paragraphs B and C above.
E. Grover - Partner on grant applications, assist in developing other funding sources, and improve land use development standards, drainage plans and storm water management plans and provide referrals to parties, to protect the Watershed and Creek environments.
F. Pismo - Partner on grant applications, assist in developing other funding sources, and improve land use development standards, drainage plans and storm water management plans and provide referrals to parties, to protect the Watershed and Creek environments.
G. OCSD - Partner on grant applications, assist in developing other funding sources, and development, operation and maintenance of its facilities to minimize impacts to the Watershed.
H. AIRPORT - Development, operation and maintenance of its facilities to minimize impacts to the Watershed.
I. SSLOCSD - Development, operation and maintenance of its facilities to minimize impacts to the Watershed and implement measures to better maintain the continued operation of the plant under flood conditions.
J. RCD - Partner on grant applications; provide outreach, education and technical assistance to Watershed landowners and Parties, for creek maintenance and environmental monitoring; pursue innovative solutions to water quality and
CREEK MAINTENANCE MEMORANDUM OF UNDERSTANDING Page 4 of 9 conservation opportunities; coordinate environmental permitting for Watershed projects, and provide project planning, management and monitoring as required.
K. NRCS - Provide technical expertise and staff resources to assist in Watershed management, administer the Environmental Quality Incentive Program, and assist private landowners in minimizing impacts to the Watershed.
L. CCSE - Provide environmental monitoring and fisheries assessment and dissemination of research information and findings identified in the Arroyo Grande Creek Watershed Plan; provide community education, facilitate public dialogue and outreach, develop Watershed stewardship programs, and partner on grant applications and the development of other funding resources. Facilitate and coordinate the Arroyo Grande Watershed Forum Steering Committee.
M. CDFG - Provide technical expertise and staff resources in Watershed management and assist private landowners in minimizing impacts to the Watershed. Assist with the permitting process.
N. CDPR - develop and implement policies and progress within the Oceano Dunes State Recreational Vehicle Area intended to minimize impacts to the Watershed.
O. RWQCB – Implement regulatory and planning tools to protect riparian corridors, to include providing guidance to Parties on permitting and certification requirements for proposed projects developed to minimize impacts to the Watershed. Provide funding of easement and acquisition projects within the Watershed, and provide opportunities for interaction with and between Parties and landowners, with the goal of promoting appropriate non-point source pollution management activities.
P. USFWS – Provide direction and expertise on issues concerning potential impacts to identified endangered species within the Watershed, and provide expedited review of projects and proposals developed by the Parties, to minimize identified impacts to the Watershed.
VII. FUNDING
The Parties recognize and agree that RCD shall coordinate and allocate grant funding efforts and will secure, where applicable, the necessary State and /or Federal grants which will be used to help fund Watershed maintenance, protection and enhancement efforts and programs. The Parties also recognize that and acknowledge that an assessment district has been formed upon the beneficial properties within Zone 1/ 1A, which provide funding in the amount of $350,000 per year, subject to annual adjustments. The Parties acknowledge and agree that said assessment funds do not constitute a specific funding source for implementation of this MOU. The Parties shall endeavor to make available other reasonable and proportionate funding and
CREEK MAINTENANCE MEMORANDUM OF UNDERSTANDING Page 5 of 9 resources necessary to implement Watershed maintenance, protection, and enhancement efforts and programs, including through staffing, grants, voluntary contributions and/ or other similar resources.
VIII. DECISION MAKING
A. The Parties will use a consensus decision-making process. A consensus does not mean the recommendation or action is every Party’s first choice; it means that every Party is reasonably satisfied with or has no strong objection to that recommendation or action and will support the decision;
B. All Parties will be encouraged to participate in the Arroyo Grande Watershed Forum Steering Committee and Technical Advisory Team (“Steering Committee”) that was formed in the year 2000, during the development of the Arroyo Grande Creek Watershed Management Plan (2005) and to express their opinions and concerns at the meetings, prior to decision making;
C. Sufficient time will be provided for the Parties to seek advice from constituents, other responsible agencies, or other experts, when desired, before a decision is made.
IX. EFFECTIVE DATE, TERMINATION & MODIFICATION
This MOU will become effective for each participating Party when so executed by each signatory. This MOU will terminate upon an impasse in the negotiation among the Parties, or by the mutual consent of the Parties. This MOU may be amended by written instrument executed by all the Parties.
[SIGNATURES PAGES FOLLOW EXHIBIT -A-]
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Exhibit “A”
IMPLEMENTATION MEASURES TO AVOID OR MITIGATE IMPACTS TO THE ARROYO GRANDE CREEK WATERSHED
Arroyo Grande Creek Habitat Conservation Plan (HCP) and EA/IS (http://slocountywater.org/County%20Service%20Areas%20and%20Zones/zone3/agcreek. htm)
See Section 4.0 Alternatives 1 Proposed (Preferred) Action, pages 4-1 – 4-11.
Arroyo Grande Creek Watershed Management Plan – Geomorphic and Hydrologic Conditions Assessment by Swanson Hydrology and Geomorphology, December 8, 2004 ((http://www.coastalrcd.org/)
Arroyo Grande Creek Watershed Management Plan, March, 2005 ((http://www.coastalrcd.org/)
See Section on Recommended Projects pgs 62-73.
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City of Arroyo Grande Coastal San Luis Resource Conservation District
By:______Tony Ferrara, Mayor By:______Date: Date:
Attest:______Kelly Wetmore, City Clerk San Luis Obispo County Date: Flood Control District
Approved as to form: By:______
Date: ______Timothy J. Carmel, City Attorney Date:
City of Pismo Beach South San Luis Obispo County Sanitation District
By:______By:______
Date: Date:
City of Grover Beach Central Coast Salmon Enhancement
By:______By:______
Date: Date:
San Luis Obispo County Oceano Airport
By:______By:______
Date: Date:
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San Luis Obispo County – Zone 1/1A San Luis Obispo County – Zone 3
By:______By:______
Date: Date:
California Department of Parks and California Department of Fish and Game Recreation
By:______By:______
Date: Date:
California Regional Water Quality Control U.S. Fish and Wildlife Service Board
By:______By:______
Date: Date:
CREEK MAINTENANCE MEMORANDUM OF UNDERSTANDING Page 9 of 9 Appendix M
Summary of Fisheries Assessment in the Watershed
Area Reach Altitude Velocity Spawning Temperature Date Observer Observed (mi) (ft.) Gradient Width (ft.) Depth (in.) Flow (c.f.s.) (ft/sec) Bottom Areas Pools Steelhead Barriers Diversions (ºF)
lower 0- lower 25- lower 3-60, variable. lower slow- lower sand, 100; 100, avg avg 4; Lower 2-16, rapid; middle silt; middle mouth to middle 60; middle middle 0- avg 10; rapid; upper gravel, silt; lower 0; S.C. Smedley, Ranchita 100-350; 10-100, avg 60, avg 9; middle 0-16, slow-rapid, upper sand, middle fair- middle Warden Gene Ranch upper 18; upper upper 1-6, avg 8; upper some sm gravel good; upper pumping 1/23/1959 Needham AG Creek (14.4 mi) 350-700 moderate 1-10, avg 3 avg 2 1-5; avg 3 cascade patches fair fair-good yes none areas below 60
mouth to Hwy 1 small out of 9 mouth to mouth to rubble; Hwy sites, width Orcutt Rd. Orcutt rapid; 1 to mouth to out of 7 sites, lower moderate varies from out of 8 10; Routezahn Routezahn Hwy 1 few; middle mouth to not non- sites, depth Routezahn Park rapid; Park gravel; good; La extensive;Routzahn 5/12/1960 headwaters sea level- exceeding existent- varies from Park 2; La La Ranchita La Ranchita Ranchita Park small; La air 70s; water & 5-17-60 M.R. Schreiber AG Creek (20 mi) 1100 .5' per 100' 100 2-12.5 Ranchita <1 Ranch slow Ranch sand Ranch 0 Ranchita Ranch 0 yes none 3 pumps 62-68 need more 3/1/1961 Ralph N. Hinton AG Creek n/a ------wet years --- yes ------Tar marginal; Springs lower slight; gravel and need wet 3/9/1961 Ralph N. Hinton Creek n/a ------lower <0.1 upper dry dirt winter --- n/a ------
upper end of lagoon to upper limit channelized channelized channelized very 3/17/1961 Ralph N. Hinton AG Creek sec (2 mi) ------25-50 shallow ------yes ------
mouth to Harris Bridge railroad Harris Harris Harris Bridge air 71, water bridge in Bridge 10; Bridge 8; Harris Bridge 1-2/3; 61; Routzahn Oceano (1 Routzahn Routzahn 5; Routzahn Routzahn Park air 62, 3/18/1961 Ralph N. Hinton AG Creek mi) ------Park 5 Park 4 Park 2 Park 1 ------no ------water 58 Ralph N. Hinton, Harris Warden Al Bridge 3/28/1961 Stewart AG Creek ------yes Dam ------since lower poor; Robert F. Elwell 12/1939, avg lower mud; above town, *Lopez Project as 24 @ USGS middle primarily reflected in gaging gravel; Lopez 7/27/1961 9/1960 AG Creek 21 2700 ------station upper gravel Creek good --- yes ------
headwaters lower air 84, to Old water 70; Lopez lower sm. rubble, middle air 73, Lopez Guard moderate- moderately gravel, limited to water 60; Canyon Station (7 moderately 1.5-10, avg 1-30, avg rapid; upper sand, sm excellent; upper air 71, 8/10/1961 Richard Moore Creek mi) 400-2250 steep 2.5-3 30 0.25-1 rapid boulders 30-80% poor yes none none water 60 Area Reach Altitude Velocity Spawning Temperature Date Observer Observed (mi) (ft.) Gradient Width (ft.) Depth (in.) Flow (c.f.s.) (ft/sec) Bottom Areas Pools Steelhead Barriers Diversions (ºF) through town 2-3; Harris Bridge 2; Harris Bridge Routzahn air 64, water Park 1-2; St. gravel 52; Routzahn most of Clair Ranch Harris Bridge beaver diversion Park air 67, 12/20/1961 Ralph N. Hinton AG Creek length ------<1 ------present n/a ponds dam water 51 first road crossing above Tar confluence Springs with AG 2/22/1962 Ralph N. Hinton Creek Creek ------12 6 12 2 ------no ------AG Creek; Michael L. Lopez 5/24/1968 Johnson Creek ------yes ------
Michael L. Johnson *CDFG memo regarding recommendations 7/17/1968 about Lopez Dam AG Creek ------upper silt build up along edges 4 lrg mouth at of veg, 0.5 2, irrigation sea level; lower 40; mi below concrete pumps, 3 headwater Huasna Rd dam lrg on private sm pumps; mouth to at base of 12; width of areas of property; 4 12" Lopez Dam Lopez flowing gravel, no rocks and culverts; 3 9/11/1972 James A. Schuler AG Creek (12 mi) Dam --- water 4-12 avg 12 1* rapid gravel surface flow a few, small n/a wood culverts n/a concrete flow gauge stations; sm concrete Pennington dams; sm Highway 1 Ranch to gravel mouth at flowing 2.168; b/t lower mud, 1/4 mi. dams; sea level; water 4-15; Quail Spring sand, above gravel headwater Orcutt to Rd and gravel; Orcutt fairly and/or at base of dry section Huasna Rd middle silt, good 20%; concrete 10 lrg mouth to Lopez 1-4; riparian 3.800; 2 mi sand, rest road centrifugal Lopez Dam Dam (est. 0.5' per corridor 35- below Lopez mud;upper extreme crossings; irrigation 8/31/1978 Garvin J. Stone AG Creek (12 mi) 400') 100' 50 4-48" lake 0.376 moderate sand, gravel silting several n/a debris pumps water avg 66 Area Reach Altitude Velocity Spawning Temperature Date Observer Observed (mi) (ft.) Gradient Width (ft.) Depth (in.) Flow (c.f.s.) (ft/sec) Bottom Areas Pools Steelhead Barriers Diversions (ºF)
reach 5 stream gage; reach 6, 10 beaver dam; reach 7 potential out of 10 temp. reach 6 out of 10 reaches out of 5 barrier makeshift reaches, mouth to depth sites, flow irrigation dam and temperature Lopez Dam varied from varies from sufficient in non-existent drop surface varied from 4/1/1996 Donald W. Alley AG Creek (13.2 mi) ------3.6-12 0.5-5.7 some areas --- to poor scarce yes structure diversion 61-70