State Water Resources Control Board

Executive Office

1001 I Street • Sacramento, California 95814 • (916) 341-5600

Mailing Address: P.O. Box 100 • Sacramento, California 95812-0100

FAX (916) 341-5620 • Internet Address:

California Environmental Protection Agency

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1

NOTICE OF PUBLIC HEARING

ON REQUEST FOR STAY

The State Water Resources Control Board Will Hold a Hearing

On the Petition of the Pacific Lumber Company and Scotia Pacific Company LLC

for Review of Monitoring and Reporting Order No. R1-2001-10

Issued by the North Coast Regional Water Quality Control Board

for Timber Harvesting Plan No. 1-97-520 HUM.

(SWRCB/OCC File No. A-1380)

on

Thursday, May 17, 2001 – 10:30 a.m.

at

Coastal Hearing Room-Second Floor

The Cal/EPA Building

1001 I Street

Sacramento, CA

PURPOSE OF HEARING

The State Water Resources Control Board (SWRCB) has received a petition from the Pacific Lumber Company and the Scotia Pacific Lumber Company LLC (Petitioners or Pacific Lumber) to review Monitoring and Reporting Order No. R1-2001-19 issued by the Executive Officer of the North Coast Regional Water Quality Control Board (Regional Board). The Petitioners also request that the SWRCB issue an immediate stay of the Regional Board order. The purpose of this hearing is to receive any relevant testimony and other evidence that should be considered by the SWRCB prior to adoption of an order granting or denying a stay. Information regarding the following subjects is solicited.

  • Whether substantial harm will result to the petitioners or to the public interest if a stay is not granted.
  • Whether there will be no substantial harm to other interested parties and to the public interest if a stay is granted.
  • Whether there are substantial questions of fact or law regarding the disputed action.

Immediately following the hearing, the SWRCB will consider issuance of an order to grant or deny the stay of the Regional Board order. There will be no decision made on the merits of the petition at the time of the hearing. Those issues will be resolved at a later date.

BACKGROUND

On March 28, 2001, the Executive Officer of the Regional Board issued a directive to Pacific Lumber (Order No. R1-2001-19) pursuant to section 13267 of the Water Code. The directive concerns a scheduled timber harvest on an area known as the “Hole in the Headwaters” (THP No. 1-97-520 HUM). The order directed Pacific Lumber to do certain water quality monitoring before beginning to harvest timber on the site. On April 24, 2001, Pacific Lumber filed a petition with the SWRCB seeking review of the Regional Board order and asking that the order be stayed pending resolution of the merits of the petition.

This hearing has been scheduled to determine whether the legal requirements for issuance of a stay have been met and whether an order granting a stay should be adopted.

HEARING PARTICIPATION

Any person wishing to participate in the hearing must appear at the location specified above and indicate their intention to testify. Following a brief introduction by SWRCB staff, the designated parties will be allowed 20 minutes each to present relevant evidence and testimony on the issues before the SWRCB. (The petitioner, the Regional Board, and the Environmental Protection Information Center (EPIC) are the designated parties in this hearing.) Thereafter, any interested person will be allowed up to three minutes to present relevant evidence or testimony. Written submissions should be delivered at least two days before the meeting so that members of the SWRCB will have a chance to review those materials before the hearing.

Any interested person who wishes to be designated as a party to this hearing and to receive additional time for the presentation of evidence and testimony (not to exceed 20 minutes) must contact Dan Frink at (916) 341-5189 no later than 5:00 p.m. on Monday, May 14, 2001. A request to be designated as a party will only be considered if the person making the request can demonstrate that he or she represents a significant number of people whose point of view will not be adequately represented by any of those already designated as parties.

HEARING PROCEDURES

The SWRCB will conduct the hearing in accordance with the regulations governing SWRCB adjudicative proceedings. These regulations are in the California Code of Regulations, title 23, sections 648, et seq. They are available at or on request.

CLOSED SESSION

The SWRCB may meet in closed session to deliberate on a decision to be made based on evidence taken at the hearing, either immediately following the hearing or at a later date. The closed session is authorized under Government Code section 11126, subdivision (c)(3).

PARKING AND ACCESSIBILITY

The building is accessible to people with disabilities. The parking garage located across I Street from the Cal/EPA Building can be entered at the public entrance on 11th Street.

IF YOU HAVE ANYQUESTIONS

Questions concerning this notice may be directed to Dan Frink at (916) 341-5189.

______,

Maureen Marché

Clerk to the Board

Dated: May 7, 2001

cc: / Interested Parties Mailing List

California Environmental Protection Agency

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