The State Water Resources Control Board (State Water Board) is proposing to regulate discharges of dredged or fill material associated with the Middle-mile Broadband Network (MMBN) initiative pursuant to Section 401 of the Clean Water Act and the Porter-Cologne Water Quality Control Act and is conducting outreach pursuant to Assembly Bill (AB) 2108. We encourage you to participate in this process. A description of the proposed MMBN initiative, an overview of AB 2108, next steps, and a State Water Board contact is provided below.
Description of the proposed MMBN Initiative
The MMBN initiative is proposed to expand broadband connections throughout California to improve access to education, health services, and employment opportunities in rural and underserved communities. Specifically, the MMBN initiative involves the installation of broadband infrastructure needed to enable internet connectivity along 10,000 miles of strategic corridors of the State Highway System (see Enclosure: Statewide Network Map for the MMBN Initiative: 10,000 Miles of Proposed Build). Where possible, the high-capacity physical fiber optic lines, vaults, and cable markers that carry large amounts of data at high speeds over long distances will be placed underground with some equipment placed above ground. The installation of this equipment may cross waters of the state. The proposed construction would typically involve digging trenches to install the fiber conduit that are later filled so that the impacts are only temporary. Most construction activities associated with the MMBN initiative are proposed to result in only temporary impacts to waters of the state. The overall permanent impact to waters of the state (for the entire statewide initiative) is projected to result in the onsite loss of less than 10.0 acres of aquatic resources that would then be mitigated (or replaced) elsewhere. The proposed activities also have the potential to discharge dredged or fill material and other construction-related discharges (e.g., sediment, oil, and grease) that could pollute waters of the state.
Because the proposed activities include the discharge of dredged or fill material to waters of the state, the activities would need to be authorized by the Water Board. The Water Board imposes conditions that ensure that the project avoids, minimizes, and compensates for any impacts to waters of the state and complies with all applicable State Water Board plans, policies, and regulations.
Overview of AB 2108
Because the proposed project would be regulated by statewide waste discharge requirements, the State Water Board will (1) make a concise, programmatic finding regarding anticipated water quality impacts in disadvantaged or tribal communities, and any environmental justice concerns within the scope of the State Water Board’s authority and (2) identify measures available and within the scope of the State Water Board’s authority to address the impacts of the permitted activity or facility in a disadvantaged or tribal community. (Wat. Code, §13149.2.) The finding shall be based on readily available information identified by staff or raised during the public review process. The State Water Board is conducting this outreach, in part, to inform its proposed findings.
The MMBN initiative is intended to expand broadband access to rural and underserved communities throughout the state, which may also be disadvantaged communities or tribal communities. Concerns regarding possible impacts on water quality in disadvantaged communities and tribal communities related to the MMBN initiative or measures within the State Water Board’s authority that could address those impacts to water quality should be communicated to the State Water Board Contact below.
Next Steps
The State Water Board anticipates releasing a draft permit (via posting to the State Water Board’s 401 Water Quality Certification and Wetlands Program webpage and distribution via the e-mail notification service described below) for the initiative during the week of July 10, 2023. The draft permit will be available for public comment for 30 days.
To be informed of milestones in the development of this proposed permit, any interested persons should enroll in the State Water Board’s 401 Program e-mail notification service. Enroll by clicking the Subscribe button on the 401 Program webpage at: http://www.waterboards.ca.gov/water_issues/programs/cwa401/index.shtml. By enrolling in this list, you will receive notices for all State Water Board 401 water quality certification applications, including the MMBN initiative. You will need a valid e-mail address to use this service. If you are interested in receiving this information through other means, please contact the staff listed below.
State Water Board Contact
If you have any questions regarding the proposed project or if you would like additional information, please contact the State Water Board staff below:
Tiana Huling, Environmental Scientist
Wetland Permitting and Enforcement Unit I, Division of Water Quality
State Water Resources Control Board
1001 I Street, Sacramento, CA 95814
Telephone: 916-322-6362
Email: Tiana.Huling@waterboards.ca.gov