This Agreement relies on the Notification materials and a CDFW site inspection by
Environmental Scientist Andrew Orahoske on April 26, 2019. The project is limited to 4 encroachments (Table 1). One encroachment is for water diversion from unnamed spring tributary to the Eel River. Water is diverted for cannabis irrigation from storage. Work for the water diversion will include use and maintenance of the water diversion infrastructure. Three encroachments are to upgrade failing and undersized stream crossings. Work for these encroachments will include excavation, removal of the failing crossings, replacement with new properly sized crossings, backfilling and compaction of fill, and rock armoring as necessary to minimize erosion.
POD 40.2133, -123.7467
Water diversion from unnamed spring for cannabis irrigation from storage. The Notification states: Water is diverted during the winter months and stored for use during the summer months when the source slows to a trickle. The applicant also intends on diverting water to top off a proposed rainwater collection pond during the winter months when rainfall is limited. No diversion will occur during the summer months.
SWRCB application ID: H500621
Permittee shall follow SWRCB Cannabis Policy; diversion to storage for cannabis irrigation from November 1 – March 31 when sufficient flows exist, 3 gallons per minute, 80% bypass at all times.
Crossing-1 40.2137, -123.7520 Replace existing culvert with a minimum 30-inch diameter culvert.
Crossing-2 40.2140, -123.7464 Install 24-inch culvert and realign stream to natural channel.
Crossing-3 40.2112, -123.7486 Replace existing culvert with a minimum 24-inch diameter culvert.
The Notification also discloses the use of a two water wells located at (lat./long.):
• Well-1: 40.2133, -123.7473 (location based on site inspection)
o Notification materials place well at, 40.2163, -123.7505, in error
• Well-2: 40.2095, -123.7493
CDFW did not fully evaluate hydraulic connection of the wells to surface water, nor was a hydrogeologic evaluation prepared by a licensed geologist provided for CDFW review. Based on the available resources, and the site inspection, the wells may be hydraulically connected to streams and/or springs and shall be evaluated for potential impacts from commercial cannabis irrigation use through Humboldt County’s cannabis cultivation permit process (PLN-13324-SP & PLN-11314-CUP). In particular, CDFW site inspection revealed that Well-1 is located proximate to the spring (POD) and water levels recorded in the well log (~25 feet below ground) are at a similar elevation to the spring located downslope.
The CDFW site inspection revealed the existence of potential wetlands in close proximity to the existing cannabis cultivation area located at (lat./long.): 40.2099, -123.7493. The Permittee has agreed to conduct a wetland delineation per U.S. Army Corps of Engineers protocol and to coordinate with CDFW on the scope of the wetland investigation. If it is determined by CDFW that wetlands have been impacted by project activities, then the Permittee shall notify for any remediation activities. No other projects that may be subject to FGC section 1602 were disclosed. This Agreement does not retroactively permit any constructed reservoirs (including “ponds”), stream crossings, water diversions, modifications to riparian buffers, or other encroachments not described in Table 1.