Joseph Alexander Inspection NOV

September 6, 2019

Certified Mail No. 7016 2710 0000 2653 4859 Joseph Herhey Alexander 20152 Gilmore Street Winnetka, CA 91306

Dear Mr. Alexander:

Subject: Notice of Violation and Transmittal of Inspection Report for July 16, 2019, Inspection of Mendocino County Assessor’s Parcel No. 032-224-23

File: Cannabis Inspections, Mendocino County, 2019, 190716 Joseph Alexander 032-224-23, CIWQS Place ID No. 846116

This letter is to notify you of observed violations of the requirements listed below for unauthorized discharges to waters of the state from the above-referenced parcel (Property):

1. California Water Code (Water Code) sections 13260 and 13264

2. Water Quality Control Plan for the North Coast Region (Basin Plan) section 4.2.1 Prohibitions 1 and 2

3. Statewide Cannabis Order No. WQ 2017-0023-DWQ (several requirements)

This letter directs you, within 30 days, to contact Regional Water Board staff to advise of your plan to implement recommendations in the attached report.

A. Background

On July 16, 2019, staff from the Regional Water Board, accompanied by staff of the California Department of Fish and Wildlife (CDFW), the State Water Resources Control Board’s Division of Water Rights, and various law enforcement personnel, inspected the subject Property. The purpose of the inspection was to evaluate onsite development and conditions,

Joseph Herhey Alexander - 2 - September 6, 2019

and to identify and assess any impacts or threatened impacts to the quality and beneficial uses of waters of the state. In addition, staff assessed compliance with requirements of the statewide cannabis order, No. WQ 2017-0023-DWQ, under which the Property is enrolled.

Attached is a copy of the water quality inspection report (July 16, 2019 Inspection Report). Please review the Inspection Report carefully and completely. The Inspection Report contains recommendations for correcting observed violations and water quality concerns observed on the Property and advises you of the Regional Water Board permits necessary for instream work and projects/activities that result in discharges of waste to receiving waters.

B. Relevant Requirements

During the inspection, Regional Water Board staff observed features and conditions on the Property that represent violations of water quality requirements and regulations. Attachment A – Regulatory Citations, provides references to these and other relevant requirements and regulations.

C. Observed Violations

As documented in the July 16, 2019 Inspection Report, Regional Water Board staff observed violations of Water Code sections 13260, 13264, Basin Plan section 4.2.1 Prohibitions 1 and 2, and/or the statewide cannabis order at the Property locations identified as inspection points Outdoor Grow 1, O16, Trash, 12” inlet/Class 3 culvert, Erod bnks, Blu drm, Ylw bckt Cls 3, Class 2, Class 3 inlet, and Outhouse in the July 16, 2019, inspection report.

D. Additional Potential Liabilities

The Regional Water Board is in the process of considering whether these violations warrant further enforcement. We encourage you to take steps, to correct the violations as soon as possible, securing any applicable permits from this and other agencies prior to conducting work. Please note that the existing conditions, as observed and documented in the Inspection Report, may represent continuing violations of the Water Code and Basin Plan.

Please note that correcting the conditions of non‐compliance at the Property does not preclude enforcement for the violations alleged in this notice. As noted above, the Regional Water Board reserves its right to fully enforce the law against any violation and threatened violation by taking enforcement actions such as a cleanup and abatement order, time schedule order, administrative civil liabilities, and referral to the California Attorney General’s office. Administrative civil liabilities may be assessed on a daily basis in the amount up to $5,000 for each day the violation occurs or up to $10 per gallon, but not both, pursuant to Water Code section 13350.


E. Inspection Report Recommendations

As mentioned above, the July 16, 2019, inspection report provides recommendations to correct violations, as well as to address features and conditions that threaten to impact water quality. Within 30 days of this letter, please advise Heidi Bauer of your intentions, plan, and schedule to implement recommendations in the inspection report. Heidi can be reached at (707) 570-3769 or, by email at [email protected].

Future correspondence regarding this matter will be sent to you at this address unless an alternative address is provided to the Regional Water Board. Failure to accept mail from the Regional Water Board is not a valid excuse for non-compliance with any future enforcement orders, and a failure to respond or otherwise appear at a future enforcement proceeding could subject you to a default order and the imposition of administrative civil liability.

If you have any questions regarding this matter, please contact Heidi Bauer at the telephone number or email above. You may also contact me at: [email protected] or by telephone at (707) 576-2350. Additionally, we are available to meet with you if you wish to discuss this letter, the inspection report, or our waste discharge regulatory programs in further detail.

Sincerely,

Diana Henrioulle, P.E. Enforcement Unit

190906_HMB_er_Joseph Alexander_Inspection_NOV

Attachments: Attachment A – Regulatory Citations July 16, 2019, Water Quality Inspection Report

cc:

Department of Fish and Wildlife Douglas Willson, Fish and Game Warden, [email protected] Angela Liebenberg, [email protected] Ryan Bourque, [email protected] Tim Dodson, [email protected]

North Coast Regional Water Quality Control Board [email protected]

mailto:[email protected]








California Department of Food and Agriculture, CalCannabis Bureau Shannon Townsend, [email protected] Michael Vella, [email protected]

State Water Resources Control Board Division of Water Rights David Rosas, [email protected] Gagan Bhullar, [email protected]





1

Attachment A – Regulatory Citations

Regulatory Section Citation Basin Plan Section 4.2.1, Prohibition 1

Prohibits “[t]he discharge of soil, silt, bark, slash, sawdust, or other organic and earthen material from any logging, construction, or associated activity of whatever nature into any stream or watercourse in the basin in quantities deleterious to fish, wildlife, or other beneficial uses.”

Basin Plan Section 4.2.1, Prohibition 2

Prohibits “[t]he placing or disposal of soil, silt, bark, slash, sawdust, or other organic and earthen material from any logging, construction, or associated activity of whatever nature at locations where such material could pass into any stream or watercourse in the basin in quantities which could be deleterious to fish, wildlife, or other beneficial uses.”

California Water Code Section 13260

“(a) Each of the following persons shall file with the appropriate regional board a report of the discharge, containing the information that may be required by the regional board:

(1) A person discharging waste, or proposing to discharge waste, within any region that could affect the quality of the waters of the state, other than into a community sewer system.

California Water Code Section 13261(a)

“A person who fails to furnish a report or pay a fee under Section 13260 when so requested by a regional board is guilty of a misdemeanor and may be liable civilly in accordance with subdivision (b).”

California Water Code Section 13264 (a)

“No person shall initiate any new discharge of waste or make any material changes in any discharge, or initiate a discharge to, make any material changes in a discharge to, or construct, an injection well, prior to the filing of the report required by Section 13260 and no person shall take any of these actions after filing the report but before whichever of the following occurs first:”

California Water Code Section 13265(a)

“Any person discharging waste in violation of Section 13264 , after such violation has been called to his attention in writing by the regional board, is guilty of a misdemeanor and may be liable civilly in accordance with subdivision (b). Each day of such discharge shall constitute a separate offense.”

https://1.next.westlaw.com/Link/Document/FullText?findType=LoriginatingContext=documenttransitionType=DocumentItempubNum=1000226refType=LQoriginatingDoc=Iea17f800028711e8901798c3dc147ba8cite=CAWAS13260

https://1.next.westlaw.com/Link/Document/FullText?findType=LoriginatingContext=documenttransitionType=DocumentItempubNum=1000226refType=LQoriginatingDoc=Iaaf87410028711e8901798c3dc147ba8cite=CAWAS13264

2

Regulatory Section Citation

California Water Code Section 13350

“A person who (1) violates a cease and desist order or cleanup and abatement order hereafter issued, reissued, or amended by a regional board or the state board, or (2) in violation of a waste discharge requirement, waiver condition, certification, or other order or prohibition issued, reissued, or amended by a regional board or the state board, discharges waste, or causes or permits waste to be deposited where it is discharged, into the waters of the state, or (3) causes or permits any oil or any residuary product of petroleum to be deposited in or on any of the waters of the state, except in accordance with waste discharge requirements or other actions or provisions of this division, shall be liable civilly, and remedies may be proposed, in accordance with subdivision (d) or (e).”

Cannabis Cultivation Policy

Attachment A, Section 1, General Requirements and Prohibitions 12, 14, 25, 26, and 29.

Cannabis Cultivation Policy

Attachment A, Section 2, Requirements Related to Water Diversion and Waste Discharge for Cannabis Cultivation 2, 4, 7, 8, 10, 12, 15, 17, 22, 23, 24, 25, 28, 29, 30, 31, 49, 53, 54, 55, 56, 59, 62, 103, 105, 109, 113, 117, and 124.

TO: Diana Henrioulle

FROM: Heidi Bauer

DATE: September 4, 2019

Inspection Report for July 16, 2019, Warrant Inspection Mendocino County Assessor’s Parcel Number 032-224-23

File: Cannabis Program Inspections, Mendocino County, July 2019 MCSO Inspections, Joseph Herhey Alexander, Simmerly Farms, CIWQS Place ID. 846116

Property information:

County: Mendocino

Physical address: 5240 Simmerly Ranch Road, Laytonville, CA 95454

APN: 032-224-23

Owner: Joseph Herhey Alexander 20152 Gilmore Street Winnetka, CA 91306

Transaction History: Last sale April 15, 2016; seller Nine Mile Properties LLC

Size: 35 acres.

Watershed: Eel River Hydrologic Unit; Middle Eel River Hydrologic Area; Spy Rock Hydrologic Subarea (HU/HA/HSA 111.42; Table 2-1, Water Quality Control Plan for the North Coast Region).

Aerial Imagery Notes (Google Earth Pro): Signs of site development visible in September 2010 imagery (previous imagery June 2009); roads, small clearings, one with signs indicative of cannabis cultivation. Cultivation area and associated cleared/ disturbed area significantly larger in July 2012 imagery. 10 hoop houses visible on cultivation area in August 2017 imagery.

Mendocino County APN 032-224-23 - 2 - September 4, 2019Report of July 16, 2019, InspectionCIWQS Place ID 846116

Regulatory status with the Regional Water Board:

Site Development: N/A Applicable programs: Clean Water Act section 401 Water Quality Certification for dredge/fill in surface waters

Onsite activities/operations: Enrolled for coverage under Regional cannabis order No. R1-2015-0023, October 19, 2018. Transferred coverage to Statewide cannabis Order WQ 2017-0023-DWQ, effective April 16, 2019. To date, no Site Management Plan (SMP) has been submitted to the Water Boards. Per the statewide order, SMP is due 90 days from enrollment.

Applicable programs: Cannabis cultivation waste discharge regulatory program.

Inspection information:

Date/time: July 16, 2019: 0900

Type: Mendocino County Sheriff’s Office Warrant Inspection

Attendance: Mendocino County Sheriff’s Law Enforcement personnel Douglas Wilson, CDFW Fish and Game Warden, Ryan Bourque, CDFW Tim Dodson, CDFW Shannon Townsend, CDFA CalCannabis Bureau Michael Vella, CDFA CalCannabis Bureau David Rosas, SWRCB DWR Gagan Bhullar, SWRCB DWR National Guard personnel

Background/Objective: North Coast Regional Water Board (Regional Water Board) staff participated with staff of the Mendocino County Sheriff’s Office (MCSO), California Department of Fish and Wildlife (CDFW), State Water Board’s Division of Water Rights (DIV),California Department of Food and Agriculture (CDFA) CalCannabis department, National Guard, and personnel from various law enforcement agencies in four days of inspections of multiple cannabis cultivation sites in Mendocino County, on July 15-18, 2019. Inspection objectives for Regional Water Board staff included observing site development and activities and identifying and assessing onsite features or conditions that are causing or may cause adverse impacts to the quality and beneficial uses of receiving waters, including surface and ground water.


Inspection Map (Figure 1)


Inspection Observations: Figure 1, above, shows inspection points discussed below. Development on the Property includes a large clearing with cannabis cultivation (Outdoor Grow 1), and roads crossing through the western and eastern portion of the Property.

Outdoor Grow 1 (Photo 1) is located on a terrace, on a steep hill, with watercourses on both sides of the cultivation area, sufficiently distant from the cultivation area to meet setback requirements under the statewide cannabis order. I observed potting soils and fertilizers (Photo 2,3 ,3.1, 3.2) on the edge of the hill or in areas that could impact receiving waters. In the vicinity of the cultivation area, I also observed chemicals and trash (Photos 4,5,6,7,8) uncovered and/or uncontained.

Towards the northwest corner of the Property, along the access road, I observed a stream crossing (12” Inlet) with an undersized and plugged culvert (Photo 9, 10). I observed sediment delivery into the stream from the road at this location. I also observed steep erodible cut banks (Photo 11,12) above the access road, contributing sediment to the inboard drainage ditch leading to several watercourses.

South of Outdoor Grow 1, along the access road (Figure 1), I observed a yellow bucket in a watercourse (Photo 15) and a blue drum near a watercourse (Photo 13,14). Both containers held unknown liquids. The owner was present onsite, and law enforcement personnel brought him over to this location to ask, in my presence, what was in the yellow bucket. He responded that he did not know. Towards the southwest corner of the Property, along the access road, I observed a Class III watercourse crossing with a buried culvert (Photo 19). North of the Class III crossing, along the same access road, I observed a Class II watercourse (Photo 16) with evidence of sediment delivery (Photo 17,18) from unmaintained roads.

Along the access road near Outdoor Grow 1, I observed an outhouse that discharged to the ground surface (Photo 21).

Map point (see

Figure 1)

Feature Brief Description Water Quality Concern

Associated

Photo(s)

Outdoor Grow 1

Potting soil and fertilizer

storage/use/ disposal

Potting soils on edge of grow area

Threatened discharge of

waste to a water of the State

Photo 2,3, 3.1,

3.2


Map point (see

Figure 1)


Associated

Photo(s)

O16 Petroleum products

and other chemicals

Petroleum product containers near or in a watercourse

Discharge and threatened

discharge of waste to waters

of the State

Photo 4, 5, 6, 7, 8

016 Access drainage Sediment delivery from access road into watercourse

Discharge of waste to waters

of the State

Photo 3.3

Trash Refuse and domestic waste

Refuse stored/disposed of near a watercourse


waste to waters of the State

Photo 5,6

12” inlet/Class 3 culvert

Culverted watercourse

crossing

Stream crossing culvert undersized



Photo 9,10

12” inlet/Class 3 culvert

Access road drainage at watercourse

crossing

Evidence of sediment delivery

from road into Class III

watercourse



Photo 9,10

Erod bnks

Steep banks adjacent to access

road

Exposed and erodible soil with no erosion control on steep cut banks



Photo 11,12


Map point (see

Figure 1)


Associated

Photo(s)

Blu drm

Blue plastic drum

Uncovered plastic drum with unknown

liquid near a watercourse


waste to waters of the State.

Photo 13,14

Ylw bckt Cls 3

Yellow plastic

bucket

Uncovered plastic bucket with

unknown liquid near a watercourse


waste to waters of the State.

Photo 15

Class 2

Class II watercourse near

access road


from road into Class II

watercourse

Discharge of waste into

waters of the State.

Photo 16,17

Class 3 inlet

Watercourse crossing, culvert

inlet Culvert inlet buried

Threatened discharge of waste into

waters of the State

Photo 18,19,20

Class 3 inlet

Access road drainage at watercourse

crossing


from road into Class III

watercourse

Discharge of waste into

waters of the State

Photo 18,19,20

Outhouse Outhouse structure

Unplumbed outhouse

discharging to ground



Photo 21


A comparison of conditions observed on the site with categories of activities typically associated with water quality concerns at cannabis cultivation sites:

1. Site maintenance, erosion control and drainage features: As noted above, the access road had steep erodible and unstable cut banks, and I observed evidence of sediment transport and delivery into drainage ditches and receiving waters.

2. Stream crossing maintenance and improvement: As noted above, I observed multiple stream crossings that were undersized or buried, impeding flow. These crossings were also causing or resulting in sediment delivery to surface waters.

3. Stream and wetland buffers: As noted above, the cultivation area associated with Outdoor Grow 1 is sufficiently distant from surface waters to meet setback requirements of the statewide cannabis order I observed robust vegetation in the intervening buffer between the cultivation area and the watercourse.

4. Spoils management: As mentioned above, I observed potting soil in areas where it could be transported into receiving waters.

5. Water storage and use: Staff did not observe any water quality issues associated with water storage and use.

6. Irrigation runoff: Staff did not observe any water quality issues associated with irrigation runoff.

7. Fertilizers and soil amendments: As mentioned above, I observed fertilizers/nutrients uncovered and/or uncontained, in an area where they could be transported to receiving waters.

8. Pesticides/herbicides: Staff did not observe any water quality issues associated with storage or use of pesticides and herbicides.

9. Petroleum products and other chemicals: As mentioned above, I observed fuel containers and uncovered containers with unknown liquids at several locations throughout the property where spills or leaks could enter or be transported into receiving waters. One of the containers of unknown liquid (yellow bucket) was located within a watercourse.

10. Cultivation-related wastes: Apart from the potting soil mentioned above, I did not observe water quality issues associated with storage/disposal of cultivation-related wastes.

11. Refuse and human waste: As mentioned above, I observed trash/refuse at several areas where it could enter or be transported into receiving waters. In addition, I observe an outhouse/pit toilet that drained onto the ground.


Statewide Cannabis Order This site is enrolled in the Statewide General Order for cannabis cultivation activities, as a Tier 2 Moderate Risk (2M) site. As part of the Tier 2M requirements the enrollee is required to submit a Site Management Plan and a Site Erosion and Sediment Control Plan. Staff have found no record that these plans have been submitted, to date. As discussed above staff observed a number of features that were causing or resulting in discharges or threatened discharges of waste to receiving waters. These features were also not consistent with the requirements of the statewide order, failing to meet statewide order requirements for 1) Land Development and Maintenance, Erosion Control, and Drainage Features; 2) Stream Crossing Installation and Maintenance; 3) Soil Disposal and Spoils Management; 4) Fertilizers, Pesticides and Petroleum Product; and 5) Refuse and Domestic Waste.

Recommendations:

1. Retain a licensed professional to inventory, assess, and develop a workplan and schedule to implement measures to ensure that all developed features, roads, watercourse crossings, and cultivation areas throughout the Property are corrected, restored, and/or maintained in conditions that prevent or minimize erosion, sediment transport/delivery, and adverse impacts to water quality and beneficial uses. Include measures to ensure that unstable features caused or affected by onsite development and operations are removed or otherwise protected so as to minimize the potential for these features to cause adverse impacts to water quality and beneficial uses. Ensure that all proposed work is consistent with applicable requirements of the statewide cannabis order.

2. Dispose of all development and restoration-related earthen spoils in a manner to prevent/minimize transport and delivery to receiving waters.

3. Prior to conducting any instream work associated with recommendation 1, above, submit to the Regional Water Board an application for Clean Water Act section 401 water quality certification, and secure approval from the Regional Water Board.

The 401 Application may be found at the following hyperlink:

https://www.waterboards.ca.gov/northcoast/water_issues/programs/wqc_docs/031616_401-Application.pdf

4. Consult with appropriate staff at Mendocino County to ensure that all domestic and human wastes are collected and disposed of consistent with applicable County requirements and provide to the Regional Water Board confirmation thereof.




5. Collect and dispose of or contain all refuse and cultivation-related wastes in a location and manner so as to minimize potential for these wastes to enter or be transported into receiving waters.

6. Store and contain all chemicals, including petroleum, fertilizer and/or pesticides properly to prevent spillage and discharge to receiving waters. Provide secondary containment for all petroleum products.

7. Submit the Site Management Plan and a Site Erosion and Sediment Control Plan required under the Statewide General Order incorporating and/or identifying changes to be made to site development and operations to address the above recommendations.

8. In the event that the property owner and/or tenant(s) propose in the future to develop or use the Property in a manner or method that will or may result in a discharge of waste to waters of the state in the future, staff recommend that the owner(s)/tenant(s) be aware of and comply with relevant regulatory requirements for water quality protection. For example, Water Code section 13260 requires that a person discharging waste, or proposing to discharge waste, within any region that could affect the quality of the waters of the state, other than into a community sewer system shall file with the appropriate regional board a report of the discharge. Further, Water Code section 13264 states, in part: “No person shall initiate any new discharge of waste or make any material changes in any discharge…prior to the filing of the report required by Section 13260.” In addition, projects involving the disturbance of an acre or more of land are subject to regulation under the State Water Board’s Construction General Stormwater permit, and projects involving dredge or fill in waters of the United States are subject to regulation under Clean Water Act section 401. You may find further information about Water Board permits that may apply to proposed site development or land use activities at this hyperlink:

https://www.waterboards.ca.gov/northcoast/water_issues/programs/permit/

Enforcement Discretion:

The observations in this report will be assessed for violations of the California Water Code. The Regional Water Board and the State Water Board reserve the rights to take any enforcement action authorized by law.

https://www.waterboards.ca.gov/northcoast/water_issues/programs/permit/


PHOTO APPENDIX

Photo 1 - Outdoor Grow 1

Photo 2 – Potting soil on edge near Class 3


Photo 3 – Class 3 watercourse in distance

Photo 3.1 – Trash on edge of cultivation area


Photo 3.2 – Trash on edge of cultivation area

Photo 3.3 – Unmaintained roads


Photo 4- Fuel container near watercourse.

Photo 5 – Chemicals and trash improperly stored/disposed of.


Photo 6 – Chemicals and trash improperly stored/disposed of.

Photo 7 – Chemicals and trash on the ground.


Photo 8 – Chemicals and trash on the ground.

Photo 9 – Undersized upstream culvert and sediment and trash (bucket) discharge into Class 3.


Photo 10 – Undersized upstream culvert and sediment discharge into Class 3.

Photo 10.1 – Undersized downstream culvert and sediment discharge into Class 3.


Photo 11– Erodible banks on steep slopes

Photo 12– Erodible banks on steep slopes leading into drainage ditch.


Photo 13– Drum with unknown liquids/waste

Photo 14– Drum with unknown liquids/waste


Photo 15– Open top bucket with unknown liquids/waste

Photo 16– Class 2 watercourse


Photo 17– Sediment in Class 2 watercourse from roads

Photo 18– Sediment in Class 2 watercourse from roads


Photo 19–Buried culvert at inlet and sediment in watercourse

Photo 20–Culvert outlet


Photo 21–Outhouse/pit toilet

Joseph Alexander Inspection NOV

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