F 4b

The California Department of Fish and Game (CDFG) and Del Norte County propose to periodically breach the sandbar separating the coastal lagoon system known as Lake Earl and Lake Talawa from the Pacific Ocean for flood control purposes. The U.S. Army Corps of Engineers is currently conducting a study of the lagoon system’s biological resources and hydrology. The CDFG and Del Norte County would implement the proposed breaching plan for a two-year period while the study is completed. The applicants intend to apply for a long-term breaching permit and develop a habitat management plan once the study results are available.

A significant flooding hazard to maintained infrastructure is created when the water level in the lagoon reaches approximately 10 feet mean sea level (MSL). The lagoon has been artificially breached, primarily to increase available pasture for grazing livestock over the last 75-100 years. Since 1987, the sandbar has been breached when the water level in the lagoon has reached 8 feet or greater under a series of emergency coastal development permits.

Staff recommends approval of the project with six special conditions. Special Condition No. 1 limits breaching of the sandbar to the middle of the open sandy area of the sandbar, midway between the existing vegetation on either side of the breaching site. This condition will protect sensitive coastal dune communities adjacent to the breaching site by restricting the breaching to the open sand area. Special Condition No. 2 limits the breaching activity to the rainy seasons of 1998-1999 and 1999-2000 only, with the permit to expire on February 16, 2000. To obtain long term breaching authorization, CDFG will be required to apply for a separate coastal development permit. Special Condition No. 3 is a special condition regarding assumption of risk, waiver of liability, and an indemnification agreement. Special Condition No. 4 requires the applicants to restrict public access to the breaching site only during specified times around the breaching. This condition will ensure public safety during breaching and public access at all other times. Special Condition 5 requires the applicants to restrict breaching to periods when brown pelicans are absent from within 200 feet of the breach site and to implement hazing measures throughout the breaching event to protect pelicans and other bird species from harm. Special Condition 6 requires the applicants to search for endangered Tidewater Gobies that are stranded in small pools and return stranded gobies to the main body of the lagoon following breaching.