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978Q. Dally Appellate Report Monday, Iuly:29i'.43�
<br />project life (rather than as a permanent structure, w
<br />will increase annual winter juvenile% chid
<br />as muter the proposed project)," and eliminated s
<br />survivability in the project yici*.." •"" s
<br />the need for ongoing maintenance of the weir and "
<br />"floodplain benching' was inwiltoi•dted,ln'td' the
<br />- i
<br />fuseplug,'the Drandetermined that "stranding or D
<br />Draft, along with mitigation measured for its
<br />entrapment ofspeciat- sta tussalmonida would be i
<br />impact onsalmoWds and riparian habitat
<br />a potentially sigrilflcant hnpaet if the Projectwere I
<br />In its comments on the Draft SCS Engineers -
<br />constructed wlththeweir fuse plug; However, f
<br />for Masonito criticized the floodplain benching. F
<br />ntigation measures that included salmond S
<br />SCS wrote;. "Artificial and unwarranted
<br />rescue and relocation programs Implemented in '
<br />'improvements' such as those pprotosed by,
<br />consultation with NMFS and the Department of G
<br />Granite serve to upset the b' litliduirl'iof trig`
<br />Fish and Game (Fish & Gaine), would make this f
<br />fluvial s
<br />system for the financial beQefit `�o# •one
<br />impact "[1jessthan significant" TlieDraftfurther l
<br />landowner, T
<br />Ttils proposed at 'do , is
<br />stated that if Alternative 9 was implemented, it n
<br />not only unneeded under`current'hcbuditious"
<br />would "
<br />such channel manipulations have'the,'patent12;
<br />capture and sabnonld entrapment" and "eliminate t
<br />to destabilize downstream banks and to'shift'the�
<br />the need for the rescue. plan:" - p
<br />position of the channet thalweg vdtli potentially:
<br />.In November A,. 2009, comments on the n
<br />negativeimpactstodownstreamlanddwners 'Stich;
<br />Draft, NMFS expressed concern that when pit n
<br />negative impacts may include mcrea9edtoteq"dalI -
<br />ininhhg operations resulted in ponds of standing f
<br />for flooding or other unanticipated "
<br />groundwater more than 35 feet deep, sonar obic r
<br />response's that may occur : as7 a 'result of'f de '
<br />conditions would threaten the vitallty'of any p
<br />proposed unwarranted mechanical maid elation'
<br />salmonhds trapped in the ponds, mid the depths of o
<br />of tine channel.... (I] ... ITlhere is tittle '
<br />the reclaimed ponds would need to b
<br />no geomorphic or other sclemiHc justi t
<br />The County determined in the EIR that T
<br />The Mendocino County Neater' Agency' also
<br />-
<br />Alternative 3 was "environmentally superior" to e
<br />expressed concerns that erosion would decor in
<br />the weir and fuse plug, aril the NMFS supported t
<br />the floodplain bench area. in response to these•
<br />Alternative 3 in comments "submitted prior to c
<br />comments, Alternative 3 was rovised in theTIR'
<br />PI m C r
<br />ann g at as on approva e, a e
<br />approved, die Project included the pond -river The EIR sls
<br />connection in lieu of the weir and fuse plug . benching "t
<br />reflected intherevisedreclamaticuptan appended relative toil
<br />to the EIR. I After cic
<br />Although the Draft stated that the pond -. on the Di
<br />river connection would' et ati ate the need for - Conservatic
<br />a salmonid rescue program, the EIR retained a letter'to
<br />a rescue program during the mining phase of benching -v
<br />die Project. The Draft set forth two options for moatrecert
<br />the reclamation phase. Option A provided for Departmen
<br />construction of the pond- river - connection unless that floodpl
<br />NMFS and great benel
<br />Fish & Game staff determined tlhat the "potential along the ai
<br />adverse quality within the pit" would floodcoatr+
<br />t twelgh the connection's expected 'benefits floodplain t
<br />to salmonid habitat. optic, B required Granite the reclaim
<br />to continue the salmonid rescue program until for removk
<br />construction of the pond-river connection, Tlie benefir " ant
<br />' deference to NMFS and Fish & Game concerns potential envi
<br />' over water quality In the pit was replaced in the Countysta
<br />EIR by more detailed mitigation regWrements, was "not de
<br />sot forth ffi newmidgadon measure 3AA-AET 3, mitigation fei
<br />to address concerns raised InNMFS'sNovember the issue as a
<br />20(191otter.9 oe"> ficatly,theElRstatedthntGranite "m'" of the
<br />won" limit the depth''a the reclaimed ponds to iDrahj - regm
<br />35 feet list
<br />stated would be acceptable, ar habitats woul
<br />} deeper if acceptable pursuant to a future . waits the'floodplah
<br />qualilyassrssmenta since the on
<br />benching we
<br />(b) Floodplain Benching position and I
<br />' to - determim
<br />'rhe term "loodplam benching" refers to a benching in
<br />proposal by Grimd.e in'the Project,applleation, Commisslon
<br />' to widen the Ackerman Creek and Russian &Game had
<br />�;. River channels to hnprave channel hydraulic would adver
<br />capacity and winter resting habitat for salmoWds habitat of the
<br />above what is curre»�Iyavailable which, in turn, discussing th
<br />{
<br />no
<br />was
<br />nme
<br />that
<br />to
<br />whether' to' ri
<br />the Project
<br />neeting, staff a
<br />micerns that flo
<br />=ly affect water
<br />Frog. After uddt
<br />matter, Uie'Plan
<br />75A -6
<br />ever;, r
<br />plain: '
<br />3sloq
<br />plain
<br />nog,>
<br />Fish
<br />Ifm i i
<br />'flit t
<br />addh =
<br />asnono a
<br />construction of the pond-river connection, Tlie benefir " ant
<br />' deference to NMFS and Fish & Game concerns potential envi
<br />' over water quality In the pit was replaced in the Countysta
<br />EIR by more detailed mitigation regWrements, was "not de
<br />sot forth ffi newmidgadon measure 3AA-AET 3, mitigation fei
<br />to address concerns raised InNMFS'sNovember the issue as a
<br />20(191otter.9 oe"> ficatly,theElRstatedthntGranite "m'" of the
<br />won" limit the depth''a the reclaimed ponds to iDrahj - regm
<br />35 feet list
<br />stated would be acceptable, ar habitats woul
<br />} deeper if acceptable pursuant to a future . waits the'floodplah
<br />qualilyassrssmenta since the on
<br />benching we
<br />(b) Floodplain Benching position and I
<br />' to - determim
<br />'rhe term "loodplam benching" refers to a benching in
<br />proposal by Grimd.e in'the Project,applleation, Commisslon
<br />' to widen the Ackerman Creek and Russian &Game had
<br />�;. River channels to hnprave channel hydraulic would adver
<br />capacity and winter resting habitat for salmoWds habitat of the
<br />above what is curre»�Iyavailable which, in turn, discussing th
<br />{
<br />no
<br />was
<br />nme
<br />that
<br />to
<br />whether' to' ri
<br />the Project
<br />neeting, staff a
<br />micerns that flo
<br />=ly affect water
<br />Frog. After uddt
<br />matter, Uie'Plan
<br />75A -6
<br />ever;, r
<br />plain: '
<br />3sloq
<br />plain
<br />nog,>
<br />Fish
<br />Ifm i i
<br />'flit t
<br />addh =
<br />asnono a
<br />no
<br />was
<br />nme
<br />that
<br />to
<br />whether' to' ri
<br />the Project
<br />neeting, staff a
<br />micerns that flo
<br />=ly affect water
<br />Frog. After uddt
<br />matter, Uie'Plan
<br />75A -6
<br />ever;, r
<br />plain: '
<br />3sloq
<br />plain
<br />nog,>
<br />Fish
<br />Ifm i i
<br />'flit t
<br />addh =
<br />asnono a
<br />
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