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HomeMy WebLinkAboutMINUTES - 11041997 - U1 U.1 TO: BOARD OF SUPERVISORS Contra FROM: Public Works Department Flood Control District :;,�;,,: s Costa County DATE: November 4, 1997 TA-row SUBJECT: Indicate Support for Proposed Legislation by Congressman McKeon Providing for a Conditional Exemption Under Section 404 of the Federal Water Pollution Control Act for Maintenance of Existing Flood Control Channels SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION A. INDICATE support for the proposed legislation introduced by Congressman McKeon (CA25)to amend Section 404 (f)(1)(B)of the Federal Water Pollution Control Act (33U.S.C.1344 (f)(1)(B) (1) by striking"and" before "bridge"; (2) by inserting before the semicolon at the end the following: ", and maintenance and repair required to operate and maintain the serviceability of partially vegetated flood control channels that are components of flood control projects", B. AUTHORIZE the Chair of the Board of Supervisors to contact the County's local congressional representatives soliciting their support for this legislation. FINANCIAL IMPACT: The proposed legislation will eliminate the expenditure of approximately $50,000 annually to prepare and process federal permits for performing routine repairs and sediment removal in existing flood control channels owned by Contra Costa County (County)and the Flood Control and Water Conservation District(District). REASONS FOR RECOMMENDATIONS AND BACKGROUND Under the existing wording of Section 404(f)(1)(B), the Corps of Engineers has determined that a permit from their agency is required before anyone can repair damage in an existing earth lined flood control channel or remove sediment build up from an earth lined channel. The permit process normally requires a 20-page report including special drawings. After six plus months of delay, the permits are always issued to allow us to do the necessary work to maintain serviceability of the facility. CONTINUED ON ATTACHMENT: X SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER 1 SIGNATURE(Sl: ACTION OF BOARD ON 114oveftr 997 APPROVED AS RECOMMENDED X OTHER This item was brought to the attention of the Board Members after the agenda was posted, and the Board unanimously agreed on the need to take action on it. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE' X UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED November 4, 1997 PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR Contact: Milt Kubicek,Public Works(Admin) CAO County Counsel BY © ,DEPUTY GMEDA M.Watford Flood Control Indicate Support for Proposed Legislation by Congressman McKeon Providing for a Conditional Exemption Under Section 404 of the Federal Water Pollution Control Act for Maintenance of Existing Flood Control Channels. November 4, 1997 Page Two Recently, the delay in issuing a permit for Grayson Creek desilting required that contract bids for the work to be rejected. We eventually received the permit and the desilting work was completed by force account at a higher cost to the District. CONSEQUENCE OF NEGATIVE ACTION: The proposed legislation may not be approved. NOV-03-1997 16:03 SUPV. UESAULNIEF P.01iO3 v , Urgene The Flood Control District has asked that we conside T+em this as an Emergency Item tomorrow. . November 3, 1997 PROPOSED DRAFT The Contra Costa Coui ity Board of Supervisors, as the governing board of Contra Costa County and the Contra Costs County Flood Control and Water Conservation District, respectfully requests your support of the proposed legislation by U. S. Representative Howard P. (Buck) McKeon (R-CA25)to provide a conditional exemption under Section 404 of the Clean Water Act to allow vegetation or sediment removal from channels that are part of flood control projects. Specifically, the proposed legislation is as follows: That Section 404 (f)(1)(B)of the Federal Water Pollution Act(33U.S.C.1344(f)(1)(13) is amended as follows: (1) by striking "and" before "bridge"; (2) by inserting before the semicolon at the end the following: ", and maintenance and repair required to operate and maintain the serviceability of partially vegetated flood control channels that are components of flood control projects", Currently, local governments must secure permits from the Corps of Engineers to perform maintenance work on facilities previously constructed by the IVUal government agency or the federal government, ie Corps of Engineers or Soil Conservation Service. The permit process normally requires six months to complete and the expenditure of$10,000 in staff time, at a minimum. We see no benefit from this process, as the permit conditions do not add value to the maintenance activity or,reduce its cost. If our channels are to remain serviceable, they must be maintained. This bill has drawn support from the National Association of Flood and Stormwater Management agencies (NAFSMA), which represents local agencies involved in water resource management issues. We would very much appreciate your support of this proposed legislation by Congressman McKeon, Very truly yours, Supervisor Marie DeSaulnier Chair-Board of Supervisors MD:MFK:drg g%Sdm1nWM97.11:mckeon.wpd