Amador County – The Plymouth City Council heard from a prospective manager of its Arroyo Ditch Thursday, and planned to work through the weekend on an agreement with the company.

City Manager Dixon Flynn gave a report on an effort that began in December 2008 to find a company to manage the Arroyo Ditch and get its water flowing. Shenandoah Water Company has worked to make water flow in the ditch for the last three years.

Flynn said the state requires that the city show and measure “beneficial use” of the water, meaning it must install meters. The city believes its “pre-1914 water right on the Cosumnes River” gives it the right to divert at least 31 cubic feet per second from the river, or 23,000 acre-feet of water. Flynn said that right has not yet been “adjudicated,” and the agreement they seek to manage the Arroyo Ditch would include securing the rights.

The council in open session heard a presentation by Flynn and by Shenandoah Management Company, which made a proprietary agreement with the city to keep details of the company’s offer confidential.

Flynn said the company wanted to pursue the deal if it was “economically viable,” and would pay with “venture capital.” Flynn said the latter was “really broad.” The company also requested a 45-year contract, but Flynn said “over the last two years, the city has been fairly firm in its maximum of 20 years” for a contract.

Shenandoah Management Company partner Mark Suden of Pine Grove said he is a general engineer, with experience in mining, tunneling, drilling, blasting and ditch work. He and his partner, Josh Lyman, of Shenandoah Valley have been involved in the Arroyo Ditch for the last three years, beginning when Councilman Jon Colburn called him to blast some rock that had fallen in the ditch.

Originally Shenandoah Water Company, Suden said “we have not been in direct negotiations with the city since November 30th, 2009.”

Suden said: “We’re involved because we see the potential to make some money.” He said “we may be good guys, but we intend to make a profit on this.” He did not expect the city to pay the initial investments but “we do want to be paid back if we are successful in selling water.”

Suden said they wanted a long-term contract and would work with the city on a time frame.

The Shenandoah Management Company partnership includes Downey Brand Attorneys LLP, including water rights special counsel J. Mark Plymouth City Council heard from a prospective manager of the Arroyo Ditch water right for the city last week, and set a special, closed session meeting for last weekend to continue discussion.

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Amador County – The Plymouth City Council heard from a prospective manager of the Arroyo Ditch water right for the city last week, and set a special, closed session meeting for last weekend to continue discussion.

The council scheduled a special meeting of the city council in a closed session 8 a.m. Saturday (November 20th) at City Hall. They were to have a conference with its real property negotiator City Manager Dixon Flynn to discuss the Arroyo ditch and related water rights, prices and terms of payment.

Mayor Pat Fordyce said Shenandoah Management Company “can’t sit in on a closed session,” and “won’t be involved in it.”

 Fordyce said: “This is really to sort out some things we want, and then an agreement would be created. …Once a contract is put together, then it will be an open item on the agenda.”

They decided to hold the special session on Saturday “because it needs to get done” because at the “next council meeting, the council is going to change.”

Fordyce said they “just decided to have a special meeting and a closed session and deal with it.” She said the council “only had one meeting this month because of holidays.”

The Mayor said: “This is going to take some time and for the new council, it would be hard to pick up on something we’ve been doing for a couple of years.”

The council was expected to spend four hours on the subject Saturday.

The new council member, Peter Amoroso, will be sworn in at the December 9th meeting, and Fordyce will hand over the mayor’s gavel (to whoever the new council selects as the new Mayor). Fordyce and Councilman Mike O’Meara both did not seek reelection.

The council Thursday also discussed options for handling the replacement of Sean McGinness, who was elected to the city council on November 2nd, but resigned November 3rd because he moved out of Plymouth.

City Attorney Laura Hollender said they may make an appointment to fill the position, or call a special election within 30 days. She said they could not take any action at the meeting last week.

Fordyce said the decision “will be left to new council.” She expects to preside over the Dec. 9th meeting, “until we swear in the new members.”

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Amador County – The Amador Water Agency board of directors voted to amend its agreement with Amador County on a $900,000 loan, with a proposed eight-month deferral of the repayment.

Supervisor John Plasse and County Counsel Martha Shaver spoke to the board. Shaver urged them to seek an outside loan to pay off the county “Water Development Fund” loan, if the AWA decides it will not continue with the Gravity Supply Line project.

General Manager Gene Mancebo met with Plasse and the county water committee to discuss the amendment, which, if approved by Supervisors, would allow the AWA to repay the loan August 31st, 2011, instead of December 31st.

The agreement has wording to enact a “maturity date” 75 days after certain triggers, including if the “AWA board of directors takes any action to delay or terminate the (Gravity Supply Line) Project.”

Another trigger is if the “AWA has elected to delay or terminate the project, or cease to pursue obtaining the grant for the project.” At third trigger is if “any other act has occurred that will prevent AWA from receiving funds from the grant, including any acts or omissions occurring prior to” execution of the amendment. Supervisors must also approve the agreement.

The board approved the amendment on a 3-2 vote with President Bill Condrashoff and Vice President Debbie Dunn against. On the same vote, they directed Finance Manager Mike Lee to investigate outside loans and conditions, should the agency need to pay the loan by the end of the year. Lee said it would take a couple of weeks.

Director Don Cooper said members of the Central Amador Water Project, who met Wednesday in a quarterly meeting, were in favor of further studying the Gravity Supply Line. He said “retailers want to pay the $69,000 to get the ball rolling on the project,” and determine whether to proceed with the GSL, for which the AWA has applied for a $5 million grant, to build a new, gravity-powered water pipeline to Buckhorn water plant. They also want to see the costs to customers, which he said may be shown in a financial plan at the next budget meeting.

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Sacramento - The U. S. Environmental Protection Agency has ordered the California Department of Transportation (Caltrans) to upgrade its statewide stormwater management program, and exert stronger controls over stormwater discharges from its road construction and maintenance sites.

The Clean Water Act enforcement action follows a series of EPA field audits of four Northern California Caltrans districts. Accompanied by State and Regional Water Board representatives, EPA inspected numerous Caltrans construction and maintenance sites, and found violations of the California-issued stormwater permit designed to protect the State's water resources from polluted stormwater runoff.

“The protection of our waters is one of EPA's major priorities, and limiting the damage done by stormwater from construction sites is a key goal,” said Jared Blumenfeld, Regional Administrator for EPA Pacific Southwest. “We urge Caltrans to join us in the fight for improved water quality by controlling its stormwater runoff.”

Caltrans manages approximately 50,000 miles of California highway and freeway lanes across its 12 districts. Stormwater runoff from Caltrans roads and facilities contain pollutants such as metals, sediment, oil, grease, pesticides and trash.

“Our action compels Caltrans to strengthen its stormwater program at all levels of the organization if it is to successfully protect California's rivers and streams,” said Alexis Strauss, Water Division Director for EPA's Pacific Southwest Region. “We will ensure full compliance with this enforcement action, and continue to evaluate Caltrans implementation statewide under the current and forthcoming stormwater permit.”

Water pollution degrades surface waters making them unsafe for drinking, fishing, and swimming. As authorized by the Clean Water Act, NPDES permits regulate the discharge of pollutants into waters of the United States. Specifically, stormwater runoff is a primary cause of water quality impairments. Since 2001, EPA Region 9 has conducted over 50 audits of municipal stormwater programs, including state Departments of Transportation.

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Amador County - Recent downpours of rain hint that the seasonal closure of Eldorado National Forest dirt roads could happen sooner than January 1st, if conditions are right. October and early November rains were intense at times and Forest Supervisor Ramiro Villalvazo says the roadbeds held up well enough to keep the routes open for now. New storms may change that situation.

“The annual seasonal dirt road closure begins no later than January 1st, however, a soaking precipitation, with an outlook for more, could bring that about sooner.” says Villalvazo. “Precipitation, soil moisture, road and trail conditions, and weather forecasts are factors that can trigger an earlier closure. We’ll be checking the routes regularly to determine when to start the seasonal closure.”

Once the routes are seasonally closed, they will remain closed until at least April 1st.

“My desire is to keep the Forest as accessible to the public as possible,” said Villalvazo. “The seasonal closure is designed to protect roadbeds and watersheds from damage and to maintain good water quality.”

Roads subject to closure are identified on a map that is free-of-charge and available at all Eldorado National Forest offices. The seasonal closure does not affect routes in the Rock Creek area of the Eldorado, near Georgetown, as it has its own route closure process.

Visitors are encouraged to check the Eldorado National Forest website for information about the seasonal road closure: www.fs.fed.us/r5/eldorado.

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Amador County – The Ione City Council on Tuesday approved a $5,000 study of isotopes related to a suspected seepage area below one of its sewer treatment ponds on the bank of Sutter Creek, with the city hoping the findings prove to be conclusive enough to state regulators.

The council authorized City Manager Kim Kerr to sign a contract for $4,973 with Hydrofocus Incorporated to conduct the isotope study on the water in Sutter Creek, above and below the suspected seepage area on the bank, where dampness has been seen for years. Kerr said the source of the water could not be conclusively known until the study was done.

She said city records show the seepage on the wall of the bank of Sutter Creek has been a known phenomenon since at least 2001, and no one has ever been “willing to say what the water is.” The Regional Water Quality Control Board considers it seepage until it is proven inconclusively that its source is something other than the sewer pond.

Kerr said the “isotope study will tell you where the water comes from.” She said “one way or the other, we have to have this answered.” If they don’t, they will need a National Pollution Discharge Elimination System permit, for incidental discharging.

City Attorney Kristen Castanos said the city is not sure that the Regional Board would issue an NPDES permit for the incidental discharge, because staff has not spoken to them about that.

It would increase city monitoring requirements. The city now pays about $30,000 a year in monitoring tests at Castle Oaks’ sewer pond system. Kerr said monitoring costs with an NPDES permit “would be higher, and would be in perpetuity.”

City Engineer John Wanger said the outcome of the isotope study findings depends on the belief of the Regional Board, which wants the source of the water on the creek bank proven beyond the shadow of a doubt.

He said environmental groups are saying that wastewater treatment plants are degrading waterways, while on the other hand, municipalities are trying to serve their cities’ needs.

Wanger said they “must determine if it’s naturally occurring ground water, or if it is seepage being forced out by water pressure of the pond.”

The council also approved an emergency repair of a leak on Pond 6 caused by rodents.

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Amador County – Sutter Gold Mining, Inc. (SGM) recently received a key approval required in the process towards converting its Sutter Creek tourist facility into a working gold mine known as the Lincoln Project.

The company announced Thursday it has received regulatory approval of the revised Wetlands Delineation which, according to a release, “identified 1.02 acres of seasonal wetlands and other waters within the ‘Area of Potential Effect’ (approximately 95 acres) where surface disturbance associated with the Lincoln Project may occur.” The approval comes in the form of a Preliminary Jurisdictional Determination (JD) from the US Army Corps of Engineers (USACE).

In total, SGM “estimates this project will impact only 0.75 acres of wetlands and other waters in the vicinity.” This a a significant reduciton from previous development concepts that would have impacted 0.99 and 1.97 acres. SGM said this signifies its efforts to “continuously improve the Lincoln Project design, reducing the environmental footprint as Sutter advances the design to construction and production.”

SGM also recently received the results of a contracted study by Berryman Ecological that concludes the Lincoln Project will not impact any locally identified species on the Endangered Species Act. Another assessment conducted by Analytical Environmental Sciences concluded no historic properties in the area will be impacted in compliance with the National Historic Preservation Act.

The company estimates the permitting process will be completed no later than the beginning of next year.

Among other activities, SGM opened an office in May in downtown Sutter Creek next to the Sutter Creek Palace to provide a working area for its expanding mine staff.

SGM controls over three miles of Mother Lode property, 90 percent of which has yet to be explored. The most recent resource estimate for the Sutter Gold Project indicates that a collective 700,000 ounces of gold could possibly be extracted from this area. Most of the potential gold extraction exists along the Melones Fault in the eastern portion of SGM’s property and mineral holdings.

SGM said in a previous report it is “utilizing engineering consultants to supplement its experienced management and staff to design the processing facilities, tailings handling and backfilling to create a state-of-the-art, environmentally sound mining project.”

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