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Published byAldous Dennis Modified over 7 years ago
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Watershed Enforcement Team (aka Marijuana Unit) Pat Vellines (former) Watershed Enforcement Team EG RWQCB Redding 2014-2015
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Mission: Regulation and Enforcement of Discharges of waste to surface and groundwater caused by marijuana cultivation SWRCB, RWQCB and “Joint” Partnership CDFW 2013 started with a letter from Butte County 11 Water Board Positions between SWRCB, RWQCB (R1 and 5) and 7 CDFW positions Estimated 50,000 grow sites north of Colusa Estimated 10% of the sites are legal Private and Public Sites – Non Federal Lands Strategic Plan - Pilot Program
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Why Pilot Program Located in R1 and R5? – remote, unpopulated, cheaper
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Old Hippie Coastal Growers Legit Medical Users (individual and collectives) CA Residents making a buck Out of State Residents “Green” Rush Cartel (Fed jurisdiction) Who needs BMP info? Who wants a permit? Who needs a hefty fine? Variety of Growers – how to enforce?
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What’s the Law? Coordination with Other Agencies Outreach/Stakeholders Education Inspections Enforcement Implementation
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Federal Offense – Illegal Possession and Distribution CA Prop 215 Compassionate Use Act 1996- legal -need a medical ID card - doctor gives a recommendation County Law –Shasta County Measure A - No Outdoor Grows (Tehama adopted) Butte – 10’ x 15’ grow area Conflicting Laws
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Working Group Participants: State County Environmental Groups Growers and Dispensaries Supply and Contractors Politicians Outreach
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Proper Water Storage/Minimal Diversion - Water Rights, Illegal water diversion, draining anadromous fish habitat Water Quality -Discharge of excessive nitrates – fertilizers No pesticide applications are legal for grow sites Erosion/Sediment Control - > 1 acre soil disturbance need permit/SWPPP Proper Grading/Excavation and road building CDFW Endangered Species Act – Fish and Wildlife Code 1602 –diversion/obstruction natural flow CDFW Code 5650 – prohibition of dumping in water bodies Education/BMPs
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Storm water pollution– irrigation runoff and sediment load to waterbodies erosive soils, high slopes Illegal Timber Harvest and Rural Road Building – Stream Crossing Installation Water Storage and Illegal Diversions, Over-drafting, Irrigation Runoff Impacts from Fertilizers (algal blooms), insect/Rodent/Herbicides – dead fish, animals Petroleum Products Cultivation Related Waste Refuse and Human Waste Water Quality Impacts
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Finding Sites – Complaints and Google Earth
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Permission or a Warrant (including Warden Declaration) HASP – SAFETY! Ops Plan Field Equipment – GPS Garmin – location and photos, Analytical - Bottle Order – soil and water, Inclinometer, Distance Measuring Tapes Google Earth Maps Copious Note Taking Interrogation Techniques – open ended questions Pre- Inspection
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Safety! No. 1 Concern Health and Safety Plan Outlines Hazards: Chemical – Pesticides, Herbicides, Banned Chemicals Biological – Bear, Mountain Lion, Snakes, Insects, Ivy Physical – Heat/Cold, Remote locations, Uneven Terrain, slashed or treated vegetation, animal traps, trash, firearms, booby traps Inspections -HASP
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Trash and Debris
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Grow Bags, Irrigation Supplies
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Storage Tanks, Fertilizers
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Fertilizer, Amended Soil
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Fertilizer Mixing Tanks
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Grow bags – Evaporation Approx. 6 gals H2O/day/plant
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Generator Pumping - Diversion
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Illegal Timber Harvest/Roads
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Crew
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Wardens
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Canine Warden Phoebe
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Plants
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Notice of Intent – Application for Coverage under General Order: Tier 1: Cannabis Cultivators whose cultivation areas and associated facilities are located on less than 30% slopes¹, occupy and/or disturb less than 1/4 acre², AND are not located within 200 feet of a wetland³, Class I or II watercourse4. Tier 2: Cannabis Cultivators whose cultivation areas and associated facilities are located on less than 30% slopes¹, occupy and/or disturb less than 1 acre and less than 50% of the Cultivator’s/Landowner’s parcel, AND are not located within 200 feet of a wetland³, Class I or II watercourse4. Tier 3: Cannabis Cultivators whose cultivation areas and associated facilities are located on greater than 30% slopes¹, occupy and/or disturb more than 1 acre² or more than 50% of the Cultivator’s/Landowner’s parcel, OR are within 200 feet of a wetland³, Class I or II watercourse4. A Site Management Plan describing practices that you will implement on the Site to minimize impacts to surface and ground waters must be attached to this NOI. Permits
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Cannabis Identification and Prioritization System (CIPS) uses a GIS platform, high resolution photography, and remote sensing technologies to identify marijuana grow sites in oak woodland, riparian, and conifer environments. * CIPS calculates watershed threat by: identifying all grow sites within a watershed, estimates number of plants at each site, slope of each grow site, and distance to the nearest watercourse, and class of the watercourse. *Helps evaluate Watershed Trends Future Tool - CIPS Database
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Enforcement – CAOs ACLs
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AB 243 CDFW and SWRCB pilot project to address the Environmental Impacts of Cannabis Cultivation on public and private lands, shall continue its enforcement on a permanent basis and expand them to a statewide level. Recent Legislation (10/2/2015)
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Impacts from Recreational Approval 2016 Lessons Learned from Other States – CO, AK, WA, OR Big Agro Business –monoculture/ driving cost down Taxation Future?
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Questions?
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