HomeMy WebLinkAboutMINUTES - 09282010 - C.15RECOMMENDATION(S):
Approve and Authorize the Chair, Board of Supervisors, as governing board of the Flood
Control and Water Conservation District, to execute letters to Contra Costa County’s
Congressional Delegation and Speaker Pelosi requesting changes to the U.S. Army Corps of
Engineers Standards for Vegetation Management and Variances on Levees, West County
area.
FISCAL IMPACT:
These standards will eliminate storm damage recovery funding for the Contra Costa County
Flood Control and Water Conservation District (FC District) in those areas without an
approved vegetation variance. In addition, Federal Emergency Management Agency
(FEMA) will 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 FC District to apply for a variance could be $300,000 per
levee mile, and the cost to implement a variance to comply with U.S. Army Corps of
Engineers (Corps) standards could be $1,100,000 per levee mile, excluding the costs to
defend the FC 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: 09/28/2010 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
Federal D. Glover, District V
Supervisor
ABSENT:Susan A. Bonilla, District IV
Supervisor
Contact: R. 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: September 28, 2010
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: EMY L. SHARP, Deputy
cc: David Twa, County Administrator, Richard Seithel, County Administrator's Office, R. Mitch Avalon, Deputy Chief Engineer, Tim Jensen, Flood Control,
Catherine Windham, Flood Control, Abby Fateman, Dept. of Conservation & Development, Roberta Goulart, Dept. of Conservation & Development, Sharon
Anderson, County Counsel
C.15
To:Contra Costa County Flood Control District Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:September 28, 2010
Contra
Costa
County
Subject:Authorize letters to Congressional Delegation requesting changes to Army Corps of Engineers Standards for
Vegetation Management & Variances on Levees.
BACKGROUND:
On April 20, 2010, the Board issued letters to Contra Costa County’s Congressional
Delegation and Speaker Pelosi regarding the difficult consequences created by the U.S.
Army Corps of Engineers Vegetation Management Guidelines and proposed Variance
Guidelines. The Corps has announced that they will enact these nationwide guidelines for
variances to their vegetation requirements along Corps built levees, floodwalls, and
appurtenant structures, and thus they have in effect become standards.
The 1996 Water Resources Development Act (WRDA) provided appropriate direction
from Congress to the Corps for developing levee vegetation guidelines. The Corps has
developed levee standards that go beyond the direction given by Congress. California has
led the way in incorporating ecosystem and community benefits into flood safety
projects, with support from the Corps. The Corps is a partner on the California Levees
Roundtable, which has made significant progress to resolve levee vegetation issues in the
Sacramento Valley. Despite these partnering efforts, the Corps is implementing levee
standards without completing the necessary steps outlined in WRDA 1996. Most
significantly, the Corps has not completed the science and ecosystem studies already
underway, which would address the need for “preserving, protecting, and enhancing
natural resources” and “regional variations in levee management and resource needs” as
stated in WRDA 1996.
For the past three years, the Corps has given “Unacceptable” ratings to several of our
levee systems due to vegetation. The FC District is now in a losing position where it
either continues noncompliance and forfeits storm damage funding from the Corps, or
removes riparian forests and breaks both the endangered species laws and our covenant
with the community on project expectations. The FC District and many other agencies
nationwide have informed the Corps of the impasses created by their standards, without
any response from the Corps to seek solutions.
The facilities most impacted by these standards are Wildcat Creek and San Pablo Creek
in North Richmond. The associated flood control levees and floodwalls were designed
and constructed to allow trees on them, as mandated by the environmental regulatory
agencies and the community. The Corps historically accepted the trees in their annual
inspections, and only recently gave “Unacceptable” ratings to the levees and floodwalls.
In light of this, there should be a mechanism put in place by the Corps, such that these
facilities are granted an exemption from the Corps vegetation standards, rather than a
variance that requires removal of 50% of the previously approved vegetation.
Staff recommends authorizing the Board Chair to sign the attached letters to our
congressional delegation and Speaker Pelosi requesting changes to the Vegetation
Management and Variance Standards to resolve the impasses it has created.
CONSEQUENCE OF NEGATIVE ACTION:
Our Congressional Delegation may not become aware of the consequences of the Corps’
Our Congressional Delegation may not become aware of the consequences of the Corps’
actions on Contra Costa communities, causing unnecessary public contention and
expense.
CHILDREN'S IMPACT STATEMENT:
Not Applicable.
ATTACHMENTS
ltr to congressional delegation
letter to pelosi
Ltr to Hon Jo-Ellen Darcy
Briefing Paper