California Code of Regulations
Title 23 - Waters
Division 4 - Regional Water Quality Control Boards
Chapter 1 - Water Quality Control Plans, Policies, and Guidelines
Article 6 - Lahontan Region
Section 3953 - Basin Plan Amendment Incorporating a Total Maximum Daily Load (TMDL) and TMDL Implementation Program to Control Sediment Loading to Heavenly Valley Creek

Universal Citation: 23 CA Code of Regs 3953
Current through Register 2024 Notice Reg. No. 38, September 20, 2024

The TMDL's goal of attaining instream standards is projected to occur within approximately 20 years after final approval of the TMDLs (2021).

The terms "parameter" and "desired conditions," as used in this TMDL, are equivalent to the U.S. EPA terms "indicator" and "targets," respectively, as defined in "Guidance for Developing TMDLs in California" January 7, 2000 USEPA, Region 09.

The TMDL assigns a loading capacity for total annual instream sediment loading to Heavenly Valley Creek, measured at the "Property Line" station near the resort permit boundaries, as 58 tons of sediment per year, expressed as a five year rolling average.

The TMDL implementation program is based substantially on continuation of existing erosion control and monitoring programs which are being carried out under an adaptive management approach by the U.S. Forest Service, Lake Tahoe Basin Management Unit (LTBMU - the landowner) and the Heavenly Valley Ski Resort (an LTBMU permittee).

The implementation program includes full application of Best Management Practices to all new and existing disturbed areas within the ski resort. Specifics of the implementation include the following:

Summary of TMDL Implementation Program

Implementation Measure Schedule
Abandon and restore 7.59 acres of existing unpaved roads Complete by 2006
Stabilize 21.10 acres of existing roads which will remain in use Complete by 2006
Restore 182 acres of existing ski runs Complete by 2006
Maintain BMPs as necessary Annually
Review success of specific BMPs at specific sites; identify and implement improvements through adaptive management approach Annually
Conduct a comprehensive review of progress toward watershed restoration and attainment of water quality standards and identify needs for change through adaptive management program. At five year intervals beginning in 2000: (first evaluation report completed in 2001).

The Lahontan Regional Board will use its existing authority, including the Lake Tahoe Basin control measures outlined in Chapter 5 of its Basin Plan, and the three-tier compliance approach (ranging from voluntary compliance to regulatory action) in the statewide Nonpoint Source Management Plan, to ensure implementation of the TMDL.

The TMDL Implementation Plan includes the addition of macroinvertebrate community health monitoring, along with a continuation of monitoring provisions for suspended sediment concentration and flow and other parameters.

If progress is not satisfactory at the conclusion of the second (2005-2006) review, Regional Board staff will evaluate the need for revision of the TMDL and/or the implementation program.

1. New section summarizing amendment to Lahontan Basin Plan filed 8-8-2002; Basin Plan revisions approved by the State Water Resources Control Board 9-20-2001 pursuant to resolution 2001-101 were approved by OAL and effective pursuant to Government Code section 11353 on 8-8-2002 (Register 2002, No. 32).

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