Everd McCain Builds Unauthorized Dam?
Former Lassen County 5th District Supervisor, Everd McCain, apparently has run afoul of California’s Lahontan Regional Water Quality Control Board – North Basin. According to the following “Executive Officer’s Report”, Mr. McCain has failed to comply with a number of laws and Orders.
The area in question was approved by Lassen County voters as a planned recreational development called BELFAST MEAS "D" in November 2002.
1. Unauthorized Dam-Building Near Susanville By Landowner, Everd McCain – Tobi Tyler
In August, Board staff investigated a complaint received from the Department of Fish and Game (DFG) regarding potentially unauthorized discharges from construction of an earthen dam on Willow Creek, a tributary to the Susan River. Upon inspection with the landowner and staff from Department of Water Resources’ Division of Dam Safety and DFG, Board staff observed that the landowner, Everd McCain, was in the process of building an earthen dam across Willow Creek northeast of Susanville. This dam, referred to as Skeet Dam, was being built upstream of another dam on the property, referred to as Buz Dam, that Mr. McCain built in 1982 and which failed during the winter of 1994-1995 due to poor construction. The sole Regional Board permit on file for projects on Willow Creek in this area is a Clean Water Act (CWA) Section 401 Certification Order I issued in September 2001 for repair work on Buz Dam. That Order included mitigation requirements for loss of wetland acreage caused by constructing this dam. To date, the conditions requiring mitigation have not been satisfied. In addition to non-compliance with the conditions of that Order, Mr. McCain has not fulfilled his obligation to apply to the U.S. Army Corps of Engineers (Corps), the Regional Board and DFG for permits to build Skeet Dam, which he started building in June 2005.
Water quality and beneficial use issues associated with this unauthorized work include sedimentation, loss of wetland and riparian habitat, adverse effects on downstream wetland functions and values, and barriers to fish passage for resident brown trout. In addition to sedimentation from the 120 ft. by 30 ft. Skeet Dam, the earthen material that went into building the dam came from material that was side-cast from the top of the box canyon. This side casting created two large, steep hills of loose soil and rock that extend to the bottom of the canyon and into the riparian area surrounding the creek.
I have sent a memo to the State Water Resources Control Board’s Division of Water Rights requesting an investigation into Mr. McCain’s compliance with his several water rights permits. However, a condition of the Water Rights permit for the two dams states that “prior to commencement of construction permittee shall file a report pursuant to Water Code Section 13260 and shall comply with any Waste Discharge Requirements imposed by the California Regional Water Quality Control Board, Lahontan Region, or by the State Water Resources Control Board.” This would indicate that he is not in compliance with this Water Rights permit. Mr. McCain also appears to be in violation of several other conditions of his Water Rights permit.
Executive Officer’s Report -2-
August 16, 2005 - September 15, 2005
A cinder-block structure for use as a pump house station had also been constructed behind Skeet Dam. Mr. McCain reported plans to pump the water for Skeet Dam up to the top of the canyon, where there is another off-stream impoundment ready to receive the water. The area above the box canyon is an arid, rocky plateau of grassland, sagebrush and a few Pinyon pine and juniper trees. Several other impoundments in the upland area have also been excavated. Mr. McCain stated that he plans to build a golf course in this area. None of the potential impoundments appear to be supported by existing water rights.
Board staff has contacted the U.S. Army Corps of Engineers, from whom Mr. McCain was required to obtain a CWA Section 404 permit. Corps staff stated that they have not received a permit application for the construction of Skeet Dam and had issued several Cease and Desist Orders to Mr. McCain (for projects in the Redding area).
I intend to issue an order requiring Mr. McCain to stabilize all slopes and construction sites prior to the on-set of winter. Additionally, we will follow-up on violations of previous water quality orders and consider enforcement options for current activities that have been conducted without appropriate permits. I will keep you informed of followup on violations of existing orders and enforcement actions for other violations within the purview of the Regional Board.
The area in question was approved by Lassen County voters as a planned recreational development called BELFAST MEAS "D" in November 2002.
1. Unauthorized Dam-Building Near Susanville By Landowner, Everd McCain – Tobi Tyler
In August, Board staff investigated a complaint received from the Department of Fish and Game (DFG) regarding potentially unauthorized discharges from construction of an earthen dam on Willow Creek, a tributary to the Susan River. Upon inspection with the landowner and staff from Department of Water Resources’ Division of Dam Safety and DFG, Board staff observed that the landowner, Everd McCain, was in the process of building an earthen dam across Willow Creek northeast of Susanville. This dam, referred to as Skeet Dam, was being built upstream of another dam on the property, referred to as Buz Dam, that Mr. McCain built in 1982 and which failed during the winter of 1994-1995 due to poor construction. The sole Regional Board permit on file for projects on Willow Creek in this area is a Clean Water Act (CWA) Section 401 Certification Order I issued in September 2001 for repair work on Buz Dam. That Order included mitigation requirements for loss of wetland acreage caused by constructing this dam. To date, the conditions requiring mitigation have not been satisfied. In addition to non-compliance with the conditions of that Order, Mr. McCain has not fulfilled his obligation to apply to the U.S. Army Corps of Engineers (Corps), the Regional Board and DFG for permits to build Skeet Dam, which he started building in June 2005.
Water quality and beneficial use issues associated with this unauthorized work include sedimentation, loss of wetland and riparian habitat, adverse effects on downstream wetland functions and values, and barriers to fish passage for resident brown trout. In addition to sedimentation from the 120 ft. by 30 ft. Skeet Dam, the earthen material that went into building the dam came from material that was side-cast from the top of the box canyon. This side casting created two large, steep hills of loose soil and rock that extend to the bottom of the canyon and into the riparian area surrounding the creek.
I have sent a memo to the State Water Resources Control Board’s Division of Water Rights requesting an investigation into Mr. McCain’s compliance with his several water rights permits. However, a condition of the Water Rights permit for the two dams states that “prior to commencement of construction permittee shall file a report pursuant to Water Code Section 13260 and shall comply with any Waste Discharge Requirements imposed by the California Regional Water Quality Control Board, Lahontan Region, or by the State Water Resources Control Board.” This would indicate that he is not in compliance with this Water Rights permit. Mr. McCain also appears to be in violation of several other conditions of his Water Rights permit.
Executive Officer’s Report -2-
August 16, 2005 - September 15, 2005
A cinder-block structure for use as a pump house station had also been constructed behind Skeet Dam. Mr. McCain reported plans to pump the water for Skeet Dam up to the top of the canyon, where there is another off-stream impoundment ready to receive the water. The area above the box canyon is an arid, rocky plateau of grassland, sagebrush and a few Pinyon pine and juniper trees. Several other impoundments in the upland area have also been excavated. Mr. McCain stated that he plans to build a golf course in this area. None of the potential impoundments appear to be supported by existing water rights.
Board staff has contacted the U.S. Army Corps of Engineers, from whom Mr. McCain was required to obtain a CWA Section 404 permit. Corps staff stated that they have not received a permit application for the construction of Skeet Dam and had issued several Cease and Desist Orders to Mr. McCain (for projects in the Redding area).
I intend to issue an order requiring Mr. McCain to stabilize all slopes and construction sites prior to the on-set of winter. Additionally, we will follow-up on violations of previous water quality orders and consider enforcement options for current activities that have been conducted without appropriate permits. I will keep you informed of followup on violations of existing orders and enforcement actions for other violations within the purview of the Regional Board.
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