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HomeMy WebLinkAboutMINUTES - 04202010 - C.10RECOMMENDATION(S): Authorize the Chair of the Board of Supervisors to execute a letter to Contra Costa County’s Congressional Delegation and Speaker Pelosi concerning the Army Corps of Engineers Proposed Vegetation Variance Guidelines. FISCAL IMPACT: The new guidelines could potentially eliminate storm damage recovery funding for the Flood Control District in those areas without an approved vegetation variance. If the Flood Control District is determined to be out of compliance due to vegetation, FEMA will likely map the adjacent communities into the floodplain requiring residents to obtain flood insurance for mortgages and floodplain permits for construction. To avoid those impacts, the cost to the Flood Control District to apply for a variance could be $200,000 per levee mile, and the cost to implement a variance to comply with Corps guidelines could be $800,000 per levee mile, excluding the costs to defend the Flood Control District from likely legal challenges from environmental organizations and regulatory agencies and/or the community. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/20/2010 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Mitch Avalon (925) 313-2203 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 20, 2010 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: EMY L. SHARP, Deputy cc: David Twa, Sharon Anderson, Rich Seithel, Julie Bueren, Mitch Avalon, Roberta Goulart, Abby Fateman C.10 To:Board of Supervisors From:Transportation, Water & Infrastructure Commit Date:April 20, 2010 Contra Costa County Subject:Authorize letters to Congressional Delegation regarding the Army Corps of Engineers Proposed Vegetation Variance Guidelines BACKGROUND: The Corps is proposing new nationwide guidelines for approving variances to their vegetation requirements along Corps- built levees, floodwalls, and appurtenant structures. The Flood Control District currently owns and maintains several federally authorized flood control facilities with levees as part of the flood protection system improvements. The Corps Vegetation Policy does not allow vegetation, other than low grasses, on any part of a flood control levee. Under certain circumstances the Corps proposes to allow vegetation to remain on a small portion of the levee if a variance is approved. The consequences of this include the following: • Conflicting Policy – The Variance Guidelines requires the Flood Control District to apply for variances where we already have an agreement with the Corps. For example, the Wildcat and San Pablo Creeks project was built in the mid 1980’s and was designed by the Corps to include extensive riparian vegetation. This was institutionalized by an approved vegetation maintenance plan and included in the Corps Project Maintenance Manual. This manual requires the District to maintain the riparian vegetation. The Corps Vegetation Policy requires the Flood Control District to remove the same vegetation. • Endangered Species Act – To remove vegetation to comply with Corps Policy would require potential violation of the Endangered Species Act and various other environmental protection laws. • Community Expectations – Many flood control channels are developed through a community based planning process. Many communities have an expectation, through that process, that vegetation will be installed and maintained along the flood protection channel. The North Richmond community, for example, was instrumental in the final design for the Wildcat and San Pablo Creeks flood control project. That project included vegetation on one side of the channel along the low flow portion of the creek. The Corps Vegetation Policy requires all of that vegetation to be removed. An approved variance would allow only the lower vegetation (trees) to remain and it would have to be radically trimmed. This would impact the expectation the community has for a vegetated flood control project. • Centralized Variance Process – Application for a variance will be handled at Corps headquarters in Washington DC. This process will bypass the local Corps Districts, which are more familiar with the unique characteristics of creeks and watersheds within their district. • Studies – Several factors affect levee failure, only one of which is vegetation. The Corps and several other agencies are currently studying the influence of vegetation on levee safety. More scientific information needs to be developed and accepted in various parts of the country before a nationwide policy requiring removal of vegetation from levees is implemented. • California Climate and Habitat – Where this policy may work in some parts of the nation, the arid climate and narrow riparian habitat make California different than many other states. In the Delta, for example, virtually all of the riparian habitat along creeks and rivers is located on flood control levees. Elimination of that vegetation would eliminate virtually all riparian habitats in the Delta. • Cost – For one of our creeks, Wildcat Creek, it is estimated to cost $250,000 to develop the engineering, biological, botanical and environmental documentation necessary to apply for a variance. If a variance is granted it is estimated to cost $1,000,000 to remove and trim the vegetation and mitigate for the impacts. The District does not have the resources to fund this. On several of our projects, the enforcement of the Corps Vegetation Policy and difficulty in getting the variance, places the Flood Control District in a losing position where it either forfeits storm damage funding from the Corps or breaks both the endangered species laws and our covenant with the community on project expectations. The Flood Control District has already submitted technical comments on the guidelines to the Corps. Staff recommends authorizing the Board Chair to sign letters to our congressional delegation outlining our concerns with the Corps’ proposed Vegetation Variance Guidelines, and requesting their assistance to help resolve those concerns prior to implementation. CONSEQUENCE OF NEGATIVE ACTION: Our Congressional Delegation may not become aware of the consequences of the Corps’ actions on Contra Costa Communities. CHILDREN'S IMPACT STATEMENT: ATTACHMENTS Deligation Letter Pelosi Letter