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HomeMy WebLinkAboutMINUTES - 03132007 - C.11 sE L TO: BOARD OF SUPERVISORS �=_��. Contra FROM: TRANSPORTATION, WATER& 11 Costa INFRASTRUCTURE COMMITTEE o - =� °A County Sr'4-CO[Ji1' DATE: MARCH 13, 2007 SUBJECT: REPORT ON THE ARMY CORPS OF ENGINEERS MAINTENANCE INSPECTION OF THE FLOOD CONTROL DISTRICT'S WALNUT CREEK CHANNEL SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: ACCEPT the following report from the Transportation, Water& Infrastructure Committee. APPROVE and AUTHORIZE signature by the Board Chair of the attached letter to the US Army Corps of Engineers (Corps) and our congressional delegation emphasizing the importance of increased federal support for this project and specifically requesting the Corps reallocate funds to the project that were previously allocated by Congress but were spent on other Corps projects. APPROVE and AUTHORIZE signature by the Board Chair of the attached letter to Federal Emergency Management Agency (FEMA) requesting a policy that continues to exclude from flood hazard designation those areas effectively protected by flood control works and not assume the effectiveness of an entire project is compromised by sediment accumulation in an isolated downstream re S per or daylg B.Va<em`a,Chair CONTINUED ON ATTACHMENT: 0 RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): / ,y ACTION OF BOARD ON /x'4,01 406 /�, Cte�L-67—APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS: > 1 HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON V/ UNANIMOUS(ABSENT /s/Y/ -sem+ ) MINUTES OF THE BOARD OF SUPERVISORS ON THE AYES: NOES: DATE SHOWN. ABSENT: ABSTAIN: Contact: Mitch Avalon 313-2203 RMA:Iz ♦��y� /� G:\Admin\Mitch\bo\2007\Maint Inspec WC Channel 3-13-07.doc ATTESTED JOHN CULLEN,CLERK OF THE BOARD OF SUPERVISORS cc: Sara Hoffman,CAO Silvano Marchesi,County Counsel Ron Harvery,Risk Management Dennis Barry,CDD BY: DEPUTY Robert Goulart,CDD Jim Kelly,CCCSD SUBJECT: REPORT ON THE ARMY CORPS OF ENGINEERS MAINTENANCE INSPECTION OF THE FLOOD CONTROL DISTRICT'S WALNUT CREEK CHANNEL DATE: MARCH 13, 2007 PAGE: 2,of 8 APPROVE and AUTHORIZE signature by the Board Chair of the attached letter to the Corps requesting a policy that does not designate an entire flood control system deficient due to sediment accumulation in one isolated segment. DIRECT the District to work with our Congressional delegation and the Corps to include funding in the Federal Fiscal Year 2008 budget to support the Corps' full capability to pursue the Lower Walnut Creek Restoration project. DETERMINE that the Lower Walnut Creek project is a top priority project for the District and the County. DIRECT staff to determine the properties potentially affected by the reduced capacity of Lower Walnut Creek and identify interim measures to reduce potential flooding. DIRECT staff to apply for a dredging permit from the appropriate regulatory agencies to remove accumulated sediment and vegetation from the Walnut Creek channel, if ultimately necessary. DIRECT staff to report progress back to the Committee in three to six months as further information develops. FISCAL IMPACT: The Flood Control District has been working with the Corps to complete a reevaluation study of the Lower Walnut Creek Channel and implement an alternative Flood Control project that will address sediment accumulation and provide a sustainable system. It is anticipated this project will meet the criteria for federal funding. In the meantime, the Flood Control District will need to take interim measures to reduce potential flooding at a cost of several million dollars. Additional costs will be incurred if FEMA considers the entire system is deficient and remaps the entire watershed. TRANSPORTATION, WATER AND INFRASTRUCTURE COMMITTEE REPORT: On February 1, 2007,The U S Army Corps of Engineers (Corps), in response to a"Freedom of Information Act" request, released a nationwide list of Corps channel systems that contain"unacceptably maintained levees". The Corps included the Walnut Creek channel system in this list. This memo provides the background information on the Walnut Creek channel system and details the Flood Control District's plan for addressing the sediment accumulation in Lower Walnut Creek. The press release is attached for reference. Back r ound The Flood Control District and the Corps have a long history of collaboration. The District partnered with the Corps to construct channel improvements in many watersheds, including San Pablo, Wildcat,Rodeo,Rheem and Pinole Creeks and,by far the largest Corps project,the Walnut Creek watershed. The Walnut Creek project was originally authorized by Congress in the late 1950s. Over many phases of work, starting in 1958, the Corps and the District implemented over 22 miles of channel improvements consisting of channel enlargement and stabilization and construction of concrete linings and drop structures along Walnut, San Ramon,Las Trampas,Pine,Galindo,Lower Grayson and Pacheco Creeks. While these channel works are far from what would be considered"environmentally sensitive"today,they have provided the needed flood protection from the 1960s through today and are responsible SUBJECT: REPORT ON THE ARMY CORPS OF ENGINEERS MAINTENANCE INSPECTION OF THE FLOOD CONTROL DISTRICT'S WALNUT CREEK CHANNEL DATE: MARCH 13, 2007 PAGE: 3 of 8 for removing thousands of acres of commercial and residential property from the 100-year floodplain. As part of these project partnerships, the District provided letters of assurance to the Corps that committed the District to maintain the constructed facilities to Corps' standards. Each fall,the Corps inspects all 22 miles of the constructed facilities in the Walnut Creek watershed with the District's maintenance staff, and then the Corps produces a summary report of their findings. Recent Inspection The 2006 inspection occurred on September 26 and 27 and on October 10. A draft memorandum from the Corps dated October 12(attached)details their findings. The Corps,with few exceptions,found the entire system to be in good repair. One item that has been a long-standing concern is the amount of accumulated sediment in the lower reaches of the Walnut Creek Channel, roughly from the Mouth of the creek up to Highway 4 near Buchanan Field Airport. For 2006,this condition is described in item#3 of the Corps draft memorandum:"There is a large amount of shoaling and vegetation within the channel at the downstream end of the project". While the lower reaches of Walnut Creek do contain levees,most of the adjacent properties,such as the ACME landfill,the Martinez Gun Club and the now closed IT-Baker disposal site, are not habitable properties. January 1, 2006 Storm Performance The storm on New Year's Eve 2005 and New Year's Day 2006 was characterized as approximately a 40-year storm in the Walnut Creek watershed. Storm damage was reported from local storm drain system backups including the Diablo Vista Mobile Home Park that experienced significant flood damage. Portions of the levees in the lower reaches of Walnut Creek were overtopped by storm water and portions of the backside of the-levees experienced minor erosion, which was repaired in the summer of 2006. No levees collapsed or failed as a result of the storm, but the overtopped levees did highlight the reduced capacity of the sediment filled channel. FEMA and Katrina One of the lessons learned by the Federal Government from Hurricane Katrina was the need for better coordination between FEMA and the Corps. Their renewed efforts at communication have changed the typical notification process from the Corps' annual inspections. In December 2006, the Corps informed the District that it would commence actively sharing its inspection data with FEMA sometime in mid-2007. After Katrina, FEMA understandably has taken a renewed interest in systems that include levees. As a result,FEMA has embarked on an accreditation process for all levees. This process has just begun in Contra Costa County and is currently in an information gathering stage. Under this new program FEMA will be requiring owners of all levees to certify that their levee meets certain standards. If they do not,then FEMA will"decertify"the levee and re-map the entire area protected by the levee as if the levee does not exist. Channel Desiltin Hg istorX The lower reach of the Walnut Creek project was designed to be flat and wide to pass a 100-year storm(a 1%storm) from its 147 square mile watershed. When it was designed in the 1960s, the rate of sediment deposition was underestimated, and since shortly after it was constructed, the channel has needed expensive dredging work. The channel was last dredged in the early 1970s. In 1992, the District planned another large dredging operation to restore channel capacity. However,this time,the District encountered great resistance from the regulatory agencies SUBJECT: REPORT ON THE ARMY CORPS OF ENGINEERS MAINTENANCE INSPECTION OF THE FLOOD CONTROL DISTRICT'S WALNUT CREEK CHANNEL DATE: MARCH 13, 2007 PAGE: 4 of 8 and was not successful at securing necessary regulatory permits covering the dredging operations. This conflict between the Operations and Maintenance Branch of the Corps ("must desilt the channel") and the regulatory agencies("can't agree on a project")had no obvious solution. The District pursued permits for 3 years,but due to the opposition from the regulatory agencies,the District reduced its project scope to exclude channel dredging,and instead focused only on upland desilting. Additionally,the District sought funding through Congress for a general reevaluation of the project by the Corps to address the regulatory issues facing channel dredging and to develop a more sustainable channel system. Lower Walnut Creek General Reevaluation In 2002, Congress appropriated $250,000 for the Corps to re-evaluate the operation of the Lower Walnut Creek Channel. This reevaluation study is also a collaboration between the District and the Corps and costs are split equally. The objective of the study is to reevaluate the traditional methods of operating and maintaining a flood control facility for the purposes of incorporating ecosystem restoration objectives. The study will look closely at alternative methods to the traditional (and Corps required) maintenance, such as the setback of levees along the lower reaches of the creek to create a larger floodplain. The reevaluation study is expected to identify alternatives that will provide the capacity to pass flood flows, while creating additional wetlands, riparian habitat and the potential for revegetation throughout the floodplain. The project will also explore the feasibility of providing fish passage beyond Drop Structure #1, located on the creek just south of Willow Pass Road. So far the partnership has produced wetland delineation and species data,and current topography of the creek area that is used to determine the location and volume of trapped sediment. The project's progress has suffered due to sporadic federal funding. Since the federal appropriation in Federal Fiscal Year 2002,the project has received only a portion of the needed funds in 2005 and 2006; and it is currently progressing very slowly with minimal funding due to the unresolved 2007 federal budget. In an effort to push the study along, the District has expended significantly more than the Corps ($233,000). Upcoming study tasks include a detailed hydraulic model to identify the current flood protection level of the sediment-filled lower channel and a sediment analysis to determine the volume of sediment produced from the upper watershed, how much passes through the system and how much is deposited into the channel. The District anticipates the Corps will determine that the restoration of Lower Walnut Creek is a feasible federal project. The District is prepared to provide the local cost share and fulfill the other obligations of the local sponsor in support of a federal restoration project that provides for a maintainable channel. Paiaro River Experience Unfortunately, the District's inability to negotiate regulatory permits may not be sufficient argument to avoid potential liability for flood damage to property that may result from the reduced capacity of the Walnut Creek channel. Because of some apparent similarities with Lower Walnut Creek,the experience of Monterey and Santa Cruz counties on the Pajaro River is instructive. In a decision in 2002,Arreola v. County of Monterey(99 Cal.App. 4th 722),the Court determined that Santa Cruz County,Monterey County and their flood control districts were liable in tort and inverse condemnation for flooding and property damage that occurred in 1995. The 1995 flooding resulted from the failure to properly maintain the Pajaro River flood control project,a project constructed by the Corps in 1949. Santa Cruz County and the Monterey SUBJECT: REPORT ON THE ARMY CORPS OF ENGINEERS MAINTENANCE INSPECTION OF THE FLOOD CONTROL DISTRICT'S WALNUT CREEK CHANNEL DATE: MARCH 13, 2007 PAGE: 5 of 8 County Flood Control and Water Conservation District gave assurances to the Federal government that they would operate and maintain the project in accordance with the Corps' requirements. The Corps provided an"Operations and Maintenance Manual" to guide the maintenance efforts of the local agencies to maintain the flood carrying capacity of the project among other goals. The local agency removed vegetation and sand bars from the project from 1949 to 1972 with tractors and bulldozers. That practice ended in 1972, when the California Department of Fish and Game (DF&G) demanded a halt to mechanical.clearing of the channel in order to protect the riparian habitat. The local agency attempted to comply with the demands of both the Corps and DF&G by controlling vegetation with chemical herbicides. However, without mechanical removal of vegetation and sediment,the project became increasingly obstructed. This condition culminated in flooding on March 10 -11, 1995, when stormwater over topped the levee in Monterey County and inundated the adjacent valley. Although there may be some parallels between the Pajaro River and Lower Walnut Creek, the Court considered other important issues -- that don't have parallels to Lower Walnut Creek -- when reaching its judgment. Nevertheless,the Corps' determination of unacceptable maintenance in the Lower Walnut Creek channel creates a potential risk to the District. Therefore, it is paramount that the District establishes a plan to address the sediment accumulation in the channel and implement reasonable measures that achieve progress toward elimination of the reduced capacity. Dredging,versus Desilting When the District determined that the dredging of lower Walnut Creek was not feasible without Federal assistance, it turned to sediment removal in areas where permits were difficult to obtain,yet still possible to secure. The creek south, or upstream,of Highway 4 has a more defined low flow channel and floodplain benches. Instead of the wet dredging operation that was needed for the lower reaches of the creek due to tidal action,the District could remove dry sediment from these upper floodplain benches to restore channel capacity. This dry removal operation is called desilting. The District removed 40,000 cubic yards in 1994 and 36,000 cubic yards in 1995 from the channel between Marsh Drive and Drop Structure #1. In 2006, the District again removed material from this same reach. The 2006 approach was designed to remove sediment from the most impacted areas and avoid sensitive areas mapped as wetlands. Almost 23,000 cubic yards were removed from the channel last summer. The District is currently working on a project to remove another approximately 20,000 cubic yards of material in the summer of 2008. Next Steps Prior to Corps' Press Release Prior to the press release the District was working collaboratively with the,Corps to produce the next work product from the study, a hydraulic model of the channel. The hydraulic model will allow us to identify the location and extent of potential levee overtopping. Once this is determined we can develop interim measures to address any potential problems. We anticipate the hydraulic model that the Corps is producing will be available in early March 2007. The Corps Press Release The Corps correctly identified channel capacity reduction in their 2006 annual inspection report.However,the noted SUBJECT: REPORT ON THE ARMY CORPS OF ENGINEERS MAINTENANCE INSPECTION OF THE FLOOD CONTROL DISTRICT'S WALNUT CREEK CHANNEL DATE: MARCH 13, 2007 PAGE: 6 of 8 sediment accumulation is not directly related to levee maintenance,as may be the case with other projects included in the list. It is unfortunate that the sediment accumulation was combined with the"poorly maintained levees"in the Corps' press release, since it may lead to a false impression of the District's management of the channel and the potential problem that exists.Hopefully,the increased attention on the sediment concerns in the lower channel will result in increased resources for the Corps to complete the study. Consequences So far the Corps has indicated that their annual inspection reports will be provided to FEMA in the future. Corps staff has also informed the District of their understanding of FEMA's intent to use the Corps' inspection reports to determine the effectiveness of flood control projects in managing flood hazards. This change in FEMA's past practice could significantly affect the Federal Flood Insurance Rate Maps(FIRM). Other potential outcomes from changes in FEMA policy are the following: 1) Performance of the entire flood protection system may be determined by its weakest link. Should FEMA establish this policy, the reduced capacity in the downstream reach of Lower Walnut Creek would be assumed to compromise the entire Walnut Creek flood control project. This would cause the revision of existing FIRMs to reflect the assumption that system-wide improvements are not in place and lead to large areas of Concord,Pleasant Hill and Walnut Creek being placed within flood hazard areas. These areas are not currently in a flood hazard area by virtue of a fully effective flood control project. While this logic may apply for delta levees, or for those surrounding a flat city like New Orleans, it does not apply for a creek system with significant vertical fall (elevation), such as Walnut Creek. 2) If FEMA decertifies the entire "federal" Walnut Creek system, then the flood control improvements on Walnut Creek and all of its tributaries,described above,may no longer be eligible for FEMA storm damage repair funding. 3) The levees that do exist at the downstream reach of Lower Walnut Creek and Grayson Creek may not be eligible for provisional certification as effective flood control works under FEMA's "Provisionally Accredited Levees" (PAL) program. The FIRMS for areas currently protected by these levees probably would be revised immediately, resulting in increased flood insurance requirements for property owners. 4) In order to avoid revision of the FIRMS, the District would have one year to take corrective action. 5) The District's potential exposure to lawsuits for flooding damage could increase. 6) The credibility of the District as the dependable manager of flood protection facilities could be impacted. The reduced capacity of the downstream reach of Lower Walnut Creek does not affect capacity of the upstream reaches of the project. We believe that a FEMA policy that discounts the effectiveness of the entire Walnut Creek project due to an isolated downstream condition is unreasonable. FEMA has not yet made its position on this issue clear. As FEMA's response to the Corps release of the national list is still evolving, staff will present the latest developments at the Transportation, Water and Infrastructure Committee meeting. Options A number of options exist to rectify this situation. 1) Continue to work collaboratively with the Corps on the Lower Walnut Creek Restoration project. This is . the local Corps office preferred option, and the most likely long-term and sustainable solution. 2) Dredge Lower Walnut Creek as soon as the necessary regulatory permits can be secured. This option risks alienating the regulatory community, may prove exceedingly costly, and may not be compatible with the SUBJECT: REPORT ON THE ARMY CORPS OF ENGINEERS MAINTENANCE INSPECTION OF THE FLOOD CONTROL DISTRICT'S WALNUT CREEK CHANNEL DATE: MARCH 13, 2007 PAGE: 7 of 8 sustainable channel design that is expected from Option 1. However, it has the potential to temporarily remove the accumulated sediment and restore the design flood capacity of the lower channel. This option would take longer than one year to complete and would require a time extension from the Corps and FEMA. 3) Declare a local state of emergency, and dredge Lower Walnut Creek without regulatory permits. This option will have a profoundly negative effect on the District's relationship with the regulatory agencies. The emergency declaration would not meet the federal standards of an emergency and significant mitigation could be required and fines possibly would be levied. The cost and sustainability issues are the same as Option 2. Recommendations Staff recommends Option 1 above with the following action items: 1) The federal progress on the Lower Walnut Creek Restoration project has been stalled because of lack of federal funding. Direct staff to prepare a letter to the Corps and our Congressional delegation for Board approval and signature by the Board Chair emphasizing the importance of increased federal support for this project and specifically requesting the Corps reallocate funds to the project that were previously allocated by Congress but were spent on other Corps projects. 2) Direct the District to work with our Congressional delegation and the Corps to include funding in the Federal Fiscal Year 2008 budget to support the Corps' full capability to pursue the Lower Walnut Creek Restoration project. 3) Direct staff to prepare a letter for Board approval and signature by the Board Chair to FEMA requesting a policy that continues to exclude from flood hazard designation those areas effectively protected by flood control works and not assume the effectiveness of an entire project is compromised by an isolated condition in a downstream reach. 4) Determine that the Lower Walnut Creek project is a top priority project for the District and the County. 5) Direct staff to determine the properties potentially affected by the reduced capacity of Lower Walnut Creek and identify interim measures to reduce potential flooding. 6) Direct staff to apply for permits from the appropriate regulatory agencies to remove accumulated sediment and vegetation from the Walnut Creek channel, if ultimately necessary. 7) Direct staff to report progress back to the Committee in three to six months as further information develops. INFORMATION RECEIVED SINCE FEBRUARY 12, 2007 TWIC MEETING Since the TWIC meeting, staff met with the Corps and found outthat they have determined that the entire Walnut Creek flood control system is inadequate due to the isolated condition in the lower section. This is the same position staff feared FEMA would take in determining what portion of the flood control system is adequate for flood mapping purposes. In the case of FEMA,a determination the entire system is deficient could result in thousands of homes added to the floodplain maps. In the case of the Corps,the same determination could result in ineligibility for storm damage funding from the Corps. Due to this new information from the Corps,the last recommendation was discussed with the Committee Chair and added to this Board Order. This issue was within the scope of the discussion at the TWIC meeting. In addition,Flood Control District staff met with staff from the Central Contra Costa Sanitary District on February 28, 2007. The Sanitary District is concerned about the level of flood protection provided to their facility and the critical need to protect their plant in high storm flows. Their treatment plant serves 450,000 residents and potentially SUBJECT: REPORT ON THE ARMY CORPS OF ENGINEERS MAINTENANCE INSPECTION OF THE FLOOD CONTROL DISTRICT'S WALNUT CREEK CHANNEL DATE: MARCH 13, 2007 PAGE: 8 of 8 could be shut down for a month or more if flooded. Flood Control District staff will be working with the Sanitary District to better define the problem using the Corps hydrology study and to investigate a plan to protect the plant. This effort will be reported to the Transportation Water and Infrastructure Committee as it progresses. CONSEQUENCES OF NEGATIVE ACTION: If the recommendations are not implemented,the reduced channel capacity would continue without a plan to address the potential consequences. The Board of Supervisors Contra John Cullen P Clerk of the Board Costa and County Administration Building County.administrator 651 Pine Street, Room 106 County (925)335-1900 Martinez,California 94553-4068 John Gioia,District I Gayle B.Uilkema,District 11 March 13 2007 Mary Piepho,District III Susan Bonilia,District IV of lxuq 1� Federal D.Glover, District V a spA Co Colonel Ronald N. Light, District Engineer U.S. Army Corps of Engineers 1325 J Street Sacramento, California 95814-2922 Dear Colonel Light: The Contra Costa County Flood Control and Water Conservation District(District)requests that the U. S. Army Corps of Engineers (Corps)develop a reasonable policy regarding the functional assessment of flood control facilities that have sediment accumulation in an isolated section. This request concerns the District's Walnut Creek Flood Control project in the central part of Contra Costa County. The District also requests Corps assistance in addressing the sediment accumulation in the channel. _Back r The Walnut Creek Flood Control project was originally authorized by Congress in the late 1950's. Over many phases of work,starting in 1958,the Corps and the District implemented over 22 miles of channel improvements along Walnut Creek, San Ramon Creek, Las Trampas Creek,Pine Creek, Galindo Creek, Lower Grayson Creek and Pacheco Creek. At the completion of each phase of construction, the District assumed maintenance responsibilities for the flood control facility. The District is required to maintain the facilities to Corps standards pursuant to a maintenance manual Each fall the Corps inspects all 22 miles of the constructed facilities in the Walnut Creek watershed. With a few exceptions,the last inspection found the entire system to be in good working order. One item that has been a long-standing concern is the amount of accumulated sediment in the lower reaches-of the Walnut Creek channel, roughly from the mouth of the creek upstream to Highway 4 near the Buchanan Field Airport. Much of this reach also has a levee on one or both sides of the creek. In the early 1990's the District applied for regulatory permits to dredge the Lower Walnut Creek channel. The District pursued these permits for three years but, due to the strong opposition from various agencies, the District withdrew its permit application. Instead of dredging, the District approached the Corps to conduct a general reevaluation of the project to address the regulatory issues and obstacles facing channel dredging and to develop a more CORPS March 13, 2007 Page 2 sustainable channel system. The Corps agreed, and the District has been working together with the Corps on the Lower Walnut Creek, California, General Reevaluation Study to define this alternative project. To date the reevaluation study has not been completed. However, the District and the Corps are confident that a completed reevaluation study will identify a more sustainable channel.section that will provide the requisite flood protection,satisfy the desired environmental standards and meet the requirements for Federal funding. The Current Corps Inspection Report and Request for Re-inspection The 2006 Annual Inspection of the Walnut Creek Project noted areas of sloughing on the landslide slope of the channel levees and the accumulation of sediment that reduced channel capacity. Subsequent to the annual inspection,the sloughed areas were reconstructed. The District is requesting a re-inspection of the levee portion of the report to acknowledge the repairs the District has made. The levee issues have been addressed, however, the sedimentation issue will not be resolved until a more sustainable, alternative project is completed. Addressing the Sedimentation Issue and Request for Time The Corps has placed the Walnut Creek project on a national list of Levees of Maintenance Concern.The Corps has also informed us we will have one year to correct the issues noted on the inspection report. To protect our options,the District is applying for a permit to dredge the lower portion of the Walnut Creek channel. We believe the regulatory agencies and environmental community really do not want us to dredge the channel. The District also prefers not to dredge the channel and,instead,prefers to work with the Corps to complete the reevaluation study and implement the ultimate sustainable project. The District would like to develop an interim plan to reduce potential flooding to those properties impacted by overflow flood waters. To determine which properties are potentially impacted and what interim measures should be considered to protect those properties,the District needs a critical piece of information from the Corps. The Corps has been working on a hydraulics model for some time. We received the first draft of the model in mid-February. While this draft model is an excellent start,we look forward to receiving the next version of the model which is expected to provide the floodplain information we need. The District believes it will be more cost effective and more beneficial from an environmental and regulatory perspective to develop an interim plan to reduce potential flooding rather than dredge the lower channel. To achieve this, the District requests additional time to review the Corps first draft hydraulics study and develop interim flood CORPS March 13, 2007 Page 3 protection measures. In the short term, the District has implemented several desilting projects upstream of Highway 4 and has been supporting the Corps' efforts on the General Reevaluation Study. In due course,the District has a plan to address the sediment accumulation in the lower portion of the channel and has been diligently pursuing this solution with the Corps. The District has taken and will continue to take appropriate measures to reduce potential flooding in the lower portion until the final alternative project is constructed. , Corps Policy Interpretation and Request on Isolated Issue The Corps has taken the position that if an isolated segment of a flood control system is not in compliance, then the entire flood control system is considered ineligible for federal disaster assistance. We do not believe this is a reasonable or correct interpretation of Corps. policy. With the apparent exception of the lower four mile reach, the entire 22 mile Federal flood control system in the Walnut Creek watershed provides adequate flood protection and has no significant issues. The sediment accumulation in this isolated lower reach do not impact the effectiveness of the rest of the flood protection system. If the Corps maintains a position that an isolated portion of a flood control system automatically affects the entire system,then the majority of the Walnut Creek project will be ineligible for federal disaster assistance. This will unreasonably worsen the problems of regional recovery for future disasters. In addition, following the Corps' lead, FEMA may also determine that the entire system provides inadequate flood protection. This means thousands of homes in the watershed may be needlesslyplaced in a flood hazard area. These homeowners may be required to get flood insurance even though they receive 100-year flood protection from the Walnut Creek flood control project. We request that the Corps not deem an entire flood protection system to be impacted due to an isolated downstream reach, when it can be demonstrated that sediment accumulation in the downstream reach does not impact the effectiveness of flood protection in the upper reaches. Except for the lower reach,the Walnut Creek flood control project consists of in- ground flood control facilities without levees. Our entire system will not be compromised by the failure of a wet levee like those protecting a city like New Orleans,or a delta island in the Sacramento Valley. We believe the Corps should consider flood protection systems like the Walnut Creek project differently than a project with levees providing deep flooding protection. CORPS March 13, 2007 Page 4, Summary In summary the District is requesting Corps assistance on the following: • Re-inspection of-the lower Walnut Creek channel to acknowledge levee repairs performed by the District last year. • Additional time to develop an interim plan to reduce potential flooding.. • Expeditious completion of the reevaluation study. • Acknowledgement that sediment accumulation in an isolated section of a channel system does not automatically impact the entire system when the affected section does not impact the flood protection effectiveness of the remaining system. Thank you for your consideration. L PNPiepvho s, Chair, Board of Supervisors MP:RMA:lz G:\Admin\Mitch\BOS\Piepho Itr to Army Corps on WC Channel 3-13-07.doc c: John Cullen,County Administrator Maurice Shiu,Chief Engineer Mitch Avalon,Deputy Chief Engineer Greg Connaughton,Flood Control Paul Detjens,Flood Control Rich Lierly,Flood Control Silvano Marchesi,County Counsel Ron Harvey,Risk Management Jim Kelly,Central Contra Costa Sanitary District Rachel Lenci,City of Walnut Creek Steve Wallace,City of Pleasant Hill Alex Pascual,City of,Concord Joye Fukuda,City of San Ramon Steve Lake,Town of Danville Remy Goldsmith,Representative,Congresswoman Tauscher Paul Kidwell,Representative,Congresswoman Tauscher Kathy Hoffman,Representative,Congressman Miller Ben Miller,Representative,Congressman Miller Paul Schlesinger,Alcalde&Fay The Board of Supervisors Contra John Cullen Clerk of the Board Costa and County Administration Building County Administrator 651 Pine Street, Room 106 County (925)335-1900 Martinez, California 94553-4068 John Gioia,District 1 s....... March 13, 2007 Gavle B.tlilkema,District U Mary Piepho,District Ill Susan Bonilia,District IV nE Federal D.Glover, District V x,. I'"�' rA covKt; Sally Ziolkowski, Director Federal Insurance & Mitigation Division Federal Emergency Management Agency Region IX I 111 Broadway, Suite 1200 Oakland, California 94607-4052 Dear Sally Ziolkowski: The Contra Costa County Flood Control and Water Conservation District(District)requests that the Federal Emergency Management Agency (FEMA) develop a reasonable policy in addressing watersheds with flood control facilities that have sediment accumulation in an isolated section. This request concerns the District's Walnut Creek Flood Control Channel system in the central part of Contra Costa County. Background The Walnut Creek Flood Control project was originally authorized by Congress in the late 1950's. Over many phases of work, starting in 1958, the Army Corps of Engineers (Corps) and the District implemented over 22 miles of channel improvements along Walnut Creek, San Ramon Creek, Las Trampas Creek, Pine Creek, Galindo Creek, Lower Grayson Creek and Pacheco Creek. At the completion of each phase of construction,the District assumed maintenance responsibilities for the flood control facility. The District is required to maintain the facilities to Corps standards pursuant to a maintenance manual. Each fall the Corps inspects all 22 miles of the constructed facilities in the Walnut Creek watershed. With a few exceptions,the last inspection found the entire system to be in good working order. One item that has been a long-standing concern is the amount of accumulated sediment in the lower reaches of the Walnut Creek channel,roughly from the mouth of the creek upstream to Highway 4 near the Buchanan Field Airport. Much of this reach also has a levee on one or both sides of the creek. In the early 1990's the District applied for regulatory permits to dredge the Lower Walnut Creek channel. The District pursued these permits for three years but,due to opposition from various agencies, the District withdrew its permit application. Instead of dredging, the District approached the Corps to conduct a general reevaluation of the project to address FEMA March 13, 2007 Page 2 the regulatory issues and obstacles facing channel dredging and to develop a more sustainable channel system. The Corps agreed, and the District has been working with the Corps ever since on defining this alternative project. At this time,however,the reevaluation study has not been completed. However, the District and the Corps are confident that a completed reevaluation study will identify an alternative project that will provide the requisite flood protection, satisfy the desired environmental standards, and meet the requirements for Federal funding. In the short term, the District has implemented several des ilting projects upstream of Highway 4. In due course, the District has a plan to address the sediment accumulation in the lower portion of the channel and has been diligently pursuing this solution with the Corps. The District has taken and will continue to take measures to reduce potential flooding in the lower portion until the final alternative project is constructed. The Corps Current Inspection Report The 2006 Annual Inspection Report of the Walnut Creek flood control system noted issues with the channel levees and the sedimentation build up in the lower channel that has reduced channel capacity. The levee issue was noted in the prior year inspection report, and the District had already made those repairs. As a.result, the District will be requesting a re- inspection for the levee portion of the report. The sedimentation issue,however,will not be resolved until the alternative project is completed. The Corps has placed the Walnut Creek flood control system on a national list of"Levees of Maintenance Concern". This list and the inspection report will be shared with FEMA as part of the closer relationship the two agencies have after Hurricane Katrina. FEMA Response to Corps Report The Corps has informed the District that FEMA intends to use the Corps'Inspection Reports to determine the effectiveness of flood control projects in managing flood hazards. The Corps has taken the position that,if there is sediment accumulation in an isolated segment of a flood control system, then the entire flood control system is considered impacted. We do not believe this is a reasonable policy, and we are contesting it. We are also.concerned that FEMA will take a similar position. The entire 22 mile federal flood control system in the Walnut Creek watershed provides adequate flood protection and has no significant issues except for the very lower reach. The sediment accumulations in this isolated lower reach do not impact the effectiveness of the rest of the flood protection system. If FEMA adopts a policy that an isolated portion of a FEMA March 13, 2007 Page 3 flood control system automatically impacts the entire system,then thousands of homes in the watershed may be needlessly placed in:the floodplain. These homeowners may be required to get flood insurance even though they are adequately protected by the Walnut Creek flood control project. We request FEMA adopt a policy that does not determine an entire flood protection system is impacted due to an isolated downstream reach,when it could be demonstrated that sediment accumulationin the downstream reach does not impact the effectiveness of flood protection in the upper reaches. Except for the lower reach, the Walnut Creek flood control project consists.of in-ground,flood control facilities with levees. Our flood control system will not be compromised by the failure of a wet levee like those protecting a city like New Orleans or a delta island in the Sacramento Valley. We believe FEMA should consider our system differently than a deep flooding, wet levee system. Thank you for your consideration. Ve tr y ors, iepho Chair, Board of Supervisors MP:RMA:lz G:\Admin\Mitch\BOS\Piepho Itr to FEMA on WC Channel 3-13-07.doc c: John Cullen,County Administrator Maurice Shiu,Chief Engineer Mitch Avalon,Deputy Chief Engineer Greg Connaughton,Flood Control Paul Detjens,Flood Control Rich Lierly,Flood Control Silvano Marchesi,County Counsel Ron Harvey,Risk Management Jim Kelly,Central Contra Costa Sanitary District Rachel Lenci,City of Walnut Creek Steve Wallace,City of Pleasant Hill Alex Pascual,City of Concord Joye Fukuda,City of San Ramon Steve Lake,Town of Danville Remy Goldsmith,Representative,Congresswoman Tauscher Kathy Hoffman,Congressman Miller's Michael Hornick,FEMA Eric Simmons,FEMA Paul Schlesinger,Alcalde&Fay The Board of Supervisors Contra John Cullen p Clerk of the Board Costaand County Administration Building County Administrator ; 651 Pine Street,Room 106 County (925)335-1900 Martinez,California 945534068 sE_L John Gioia,District I Gayle B.tlilkema.District 11 { Mary Piepho,District III Susan Bonilia,District IV n Federal D.Glover. District V x't �nta March 13, 2007 sra coriii` Senator Barbara Boxer 112 Hart Senate Office Building Washington,DC 20510 Dear Senator Boxer: The Contra Costa County Flood Control and Water Conservation District(District) requests your support of full capability funding for the U. S.Army Corps of Engineers(Corps)to complete their reevaluation study of our Lower Walnut Creek, California, flood control project. This request concerns the District's Walnut Creek Flood Control project in the central part of Contra Costa County. Background The Walnut Creek Flood Control project was originally authorized by Congress in the late 1950's. Over many phases of work, starting in 1958, the Corps and the District constructed over 22 miles of channel improvements along Walnut Creek,San Ramon Creek,Las Trampas Creek,Pine Creek,Galindo Creek,Lower Grayson Creek and Pacheco Creek. At the completion of each phase of construction,the District assumed maintenance responsibilities for the flood control facility. The District must maintain the facilities to Corps standards pursuant to a maintenance manual. Each fall the Corps inspects all 22 miles of the constructed facilities in the Walnut Creek watershed. With a few exceptions the last inspection found the entire system to be in good working order. One item that has been a long standing concern is the amount of accumulated sediment in the lower reaches of the Walnut Creek channel, roughly from the mouth of the creek upstream to Highway 4 near the Buchanan Field Airport. Much of this reach also has a levee on one or both sides of the creek. In the early 1990's the District applied for regulatory permits to dredge the Lower Walnut Creek channel. The District pursued these permits for three years but due to the strong opposition from various agencies,the District withdrew its permit application. Instead of dredging, the District approached the Corps to conduct a general reevaluation of the project to address the regulatory issues and obstacles facing channel dredging and to develop a more sustainable channel system. The Corps agreed to conduct the Lower Walnut Creek, California, General Reevaluation Study and has been working with the District on it since 2002 to define this alternative project. To, date the reevaluation study has not been completed due to the sporadic funding the Corps has received. However, the District and the Corps anticipate the completed reevaluation study will identify a more sustainable channel section that will provide the requisite flood protection, satisfy the desired environmental standards and meet the requirements for Federal funding. In due course, the District plans to address the sediment accumulation in the lower portion of the channel in accordance with the recommendations of the reevaluation study. To that end,the District has diligently supported the Corps' efforts on the General Reevaluation Study. In the short term, the District has implemented several desilting project upstream of Highway 4 and will continue to take measures to reduce flood risk in the lower portion until the final alternative project is constructed. Senator Boxer March 13; 2007 Page 2 The Reevaluation Study and the Current Corps Inspection Report The Corps 2006 Annual Inspection of the Walnut Creek Project noted the accumulation of sediment in the lower channel that has reduced channel capacity. Based on this deficiency the Corps placed the Walnut Creek project on a national list of deficient levees. The Corps has given us one year to correct the deficiency. This puts the District in a difficult position. We have been working with the Corps for several years on the reevaluation study to avoid or reduce the amount of dredging,yet we may have to dredge due to the one year correction requirements. Although we believe the regulatory agencies and environmental community continue to oppose dredging,we will be obligated to secure a dredge permit without a reasonable prospect of developing a feasible alternative. We feel our best option is to continue to work with the Corps on completing the reevaluation study. We plan to use.. the recommendations from the reevaluation study to develop interim flood protection measures that we can implement locally, to minimize flood risks until a Corps project is built. The Corps will soon provide us with a hydrology model that will allow us to start planning our interim flood protection measures. We believe this will be the most cost effective approach that does the least environmental damage and still provides flood protection until the ultimate project is built. However,this approach may take longer than one year to implement and we may need a time extension from the Corps to address the deficiency. It is imperative that the Corps receive their full capability funding this year of$600,000 so the Corps can complete the reevaluation study and provide the District with the near-term critical informatidn we need to develop our interim plan. Attached are several support letters for our project in addition to a Board report dated March 13,2007 which provides more in-depth background information. Thank you-for your consideration and continued support for our project. Very t y o r , iepho Chair, Board of Supervisors MP:RMA:lz G:Wdmin\Mitch\BOS\Piepho ltr to Boxer 3-13-07.doc Attachment c: John Cullen,CountyAdministrator Maurice Shin,Chief Engineer Mitch Avalon,Deputy Chief Engineer Greg Connaughton,Flood Control Paul Detjens,Flood Control Rich Lierly,Flood Control Silvano Marchesi,County Counsel Ron Harvey,Risk Management Jim Kelly,Central Contra Costa Sanitary District Rachel Lenci,City of Walnut Creek Steve Wallace,City of Pleasant Hill Alex Pascual,City of Concord Joye Fukuda,City of San Ramon Steve Lake,Town of Danville Paul Schlesinger,Alcalde&Fay recycled paper City of Pleasant Hill February 21,2007 The Honorable Barbara Boxer U.S. Senate 112 Hart Senate Building Washington, D.C. 20510 Dear Senator Boxer: This letter is being sent to you to indicate the City of Pleasant Hill's continuing and strong support for the Army Corps of Engineer's(Corps) Grayson and Murderer's Creek Feasibility Study. Its official title is "Walnut Creek Basin, (Grayson and Murderer's Creeks, CA)."Your past assistances have.enabled the Corps to complete Phase 1 of the study, and the City eagerly awaits the Corps' presentation of the study's findings in early March. This information will assist the conununity in our deliberation regarding the use of potential detention basin.sites to provide desperately needed flood protection for our residents. The Corps has informed us that their federal fiscal year 2008 capability is $600,000 for this project,which will allow thein to make significant progress on the second and final phase of the feasibility study. The proposed President's budget included no funds for this critical flood protection project.The Contra Costa County Flood Control and Water Conservation District, (District) our partner in this project,has submitted a request for your assistance in seeking a congressional add on appropriation in the amount of the Corps' capability for this very important flood protection project. The District has set aside non-federal funds for their share of the study's cost. Phase I of the feasibility study shows a high likelihood for continued Federal participation. When completed, Phase II of the Corps' study will detenninee-if there is sufficient Federal interest in constructing flood protection facilities to control major stones that severely impact the community. Background In 1997 a moderate stone caused flooding on over 100 properties in the City. A more severe storm occurred in 2005,but due to our enhanced creek and storm drain facilities maintenance programs,the impacts of the flood waters was somewhat lessened. Each winter the City and its residents fear a major stone may inflict extensive flood damage upon our residences and commercial properties. Since 2001,we have continually worked with the City of Walnut Creek, Contra Costa County, Mt. Diablo Unified School District, Pleasant Hill Recreation and Park District and our constituents through a multi-year community-based planning process to develop a multi-purpose basin plan that we have asked the Anny Corps of Engineers to consider in their study. 100 Gregory Lane - Pleasant Hill - California 94523-3323 - (925) 6711-5270 - FAX (925) 256-8190 C I T Y O F WALNUT CREEK February 8, 2007 Mary Piepho, Chair Contra Costa County Board of Supervisors 651 Pine Street Martinez, California 94553 Dear Madam Chair: We are sending this letter to indicate the City of Walnut Creek's continuing and strong support for the Army Corps of Engineers Grayson and Murderers Creek project,also referred to by the Corps as the "Walnut Creek Basin (Grayson and Murderers Creeks), California"Project. This project will provide flood protection for Walnut Creek residents who live near Grayson Creek. Since 2003, the Contra Costa Flood Control District has been working with the Army Corps to complete the first phase of a Feasibility Study for the Walnut Creek Basin Project.Although steady progress has been made by the Corps to date,the Feasibility Study is significantly behind schedule, partly due to limited appropriations each year. We anticipate that Phase I of the Feasibility Study will be completed next month. However, the Corps has informed the District that for fiscal year 2007, $600,000 is needed to continue their work and determine if there is Federal interest in participating in this flood protection project. It is anticipated the study will justify a Federal flood control project to mitigate the flood hazards in the community. The Flood Control District and its partners have committed the local share of funding to complete the remainder of the Feasibility Study. The City supports the Flood Control District's request for full Corps funding of$600,000 to help complete the study in a timely fashion. It should be noted that flooding has occurred while the Feasibility Study was in progress. On New Years Eve 2005, both Grayson Creek and Murderers Creek overflowed, flooding approximately 80 homes and causing nearly three million dollars in damage. In response to the real and costly threat of flooding in Walnut Creek and Pleasant Hill,the City of Walnut Creek has worked collaboratively with Contra Costa County,the Flood Control District,the City of Pleasant Hill, Mount Diablo Unified School District, Pleasant Hill Recreation and Park District, and especially the residents of Walnut Creek and Pleasant Hill to develop a multi-year community-based planning process and sustainable flood protection plan. The Corps has incorporated the comments and recommendations from our community-based planning efforts into the Feasibility Study. As one of three significant flooding areas in Walnut Creek, the City ap,reeiates the support and Post Office Box 89, 1666 North Main Street,Walnut Creek,CA 4596 tel 925.943.5800 wvw.ci.walnut-creek.ca.us printed op receded paper recognizes the critical efforts of the Flood Control District to further this project with the.Anny Corps of Engineers. On behalf of the residents who live along the Grayson and Murderers Creeks and are relying on us for flood protection,we strongly support Contra Costa County's Flood Control District's request for a Federal appropriation for this project. Sincerely, SUSAN M. RAINEY RACHEL LENCI Mayor. City Engineer Cc: Ellen Tauscher,U.S.House of Representatives Tom Torlakson, California State Senate Guy Houston,California State Assembly W C I T Y O F WALNUT CREEK February 13, 2007 Mary Piepho, Chair Contra Costa County Board of Supervisors 651 Pine Street Martinez, California 94553 Dear Supervisor Piepho: On behalf of the City of Walnut Creek, we are writing to acknowledge and strongly support the need for the Army Corps of Engineers' Lower Walnut Creek Project and the Contra Costa County Flood Control District's appropriation request. The Lower Walnut Creek project is a Re-evaluation Study aimed at restoring the most important regional flood control facility in Contra Costa County. The Lower Walnut Creek Channel was designed and constructed by the Corps over forty years ago. Due to changes in the Federal regulatory requirements and an outdated design, it was determined that the channel and levy system is deficient. As a result, there is a buildup of sediment in the channel and reduced flood capacity,which is a real concern to the businesses and residents of Walnut Creek who are affected by this watershed system.Further,the Lower reach of Walnut Creek provides flood protection to the cities of Martinez and Concord and the unincorporated community of Pacheco. Channel modifications identified by the Re-evaluation Study will enable the District to improve the flood conveyance capacity of the Walnut Creek Channel and satisfy Federal and State regulatory requirements through restoration and enhancement of riparian habitat. The District is ready and eager to fund its local share for this study. As a result of the Corps' preliminary re-evaluation effort,the Lower Walnut Creek Project has already received support from local environmental interest groups and the regulatory community, and has received grant funding from the State of California for environmental assessments integral to the restoration effort. The Corps has laid the groundwork to develop a multi-objective project with excellent potential to enhance fish-spawning habitat,create refuge for endangered species and establish greater recreational access, while providing a sustainable flood control facility. The momentum for this project is likely to dissipate without federal funding to maintain the Corps' active involvement in the project. Delay of the project will diminish the value of the locally funded environmental studies, as well as the Corps' topographic survey work. A significant delay may render this preliminary work unusable. Post Office Box 8039, 1666 North Main Street,Walnut Creek,CA 94596 tel 925.943.5800 wivw.ci.walnut-creekca.us m-pacd nn iccvdc(l nnncr - The City of Walnut Creek values the work of the Contra Costa County Flood Control District and their work with the Army Corps of Engineers, and recognizes the importance and timeliness of the Lower Walnut Creek Reevaluation Study. We strongly support the Flood Control District's appropriation request for Army Corps funding this next fiscal year. Most sincerely, CC � �. SUSAN M. RAINEY RACHEL LENC Mayor City Engineer Cc: Ellen Tauscher,U.S.House of Representatives - Tom Torlakson,California State Senate Guy Houston,California State Assembly SEAL CONTRA COSTA COUNT' AIRPORTS ��`• ;;; _ ' 550 Sally Ride Drive Concord, CA 94520-5550 ^G�rA C(3U� February 20, 2007 Mary Piepho,Chair Contra Costa County Board of Supervisors 651 Pine Street Martinez,California 94553 Dear Supervisor Piepho: We are sending this letter to indicate the Contra Costa County Buchanan Field Airport's continuing and strong support for the Army Corps of Engineers Lower Walnut Creek Project and the Flood Control District's appropriation request for Corps funding. The Lower Walnut Creek project is a Reevaluation Study aimed at restoring the most important regional flood control facility in Contra Costa County. The Lower Walnut Creek channel was constructed by the Corps in the 1960's. The channel,as currently designed,places the Flood Control District in a dilemma: required by its assurances to the federal government to maintain the facility in its "as Built" condition and yet barred by federal regulatory restrictions arising from endangered species from fulfilling that maintenance obligation. This has all resulted in a buildup of sediment in the channel and reduced flood capacity,which is a real concern for the Airport. The Buchanan Field Airport is one of only two general aviation airports in the county. The airport is located adjacent to the Walnut Creek Channel,and is within the limits if the Corps reevaluation study. It is imperative for the airport to be protected from flooding and the airport supports improving the identified creek conditions and providing future security for the adjacent airport. This will allow the ultimate flood protection project to be built. The Corps has laid the groundwork to develop a multi-objective project with excellent potential to enhance fish-spawning habitat, create refuge for endangered species and establish greater recreational access, while providing a sustainable flood control facility. The momentum this project has developed will dissipate without federal funding to maintain the Corps'active involvement in the project. Delay to the project will diminish the value of the locally funded environmental studies,as well as the Corps' topographic survey work, and significant delay may render this preliminary work unusable. The Airport appreciates the efforts the County Flood Control District has performed to date in working with the Corps to complete the reevaluation study. We view this as a benefit to the airport and to the entire watershed in which we reside. Again we strongly support the Flood Control District's appropriation request for Army Corps funding this next fiscal year. Very truly yours, Keith Freitas Director of Airports cc: Board of Supervisors J.Cullen,CAO M. Shin,Director Public Works M.Avalon,Deputy Public Works B.Lee,Airport Business and Development Manager K.Coyle, Supervisor of Airport Operations Administration & Finance • Operations • Environment & Community Relations Property& Lease Management Fax (925)646-5722 (925)646-5724 (925)646-5726 (925)646-5723 (925)646-5731 The Board of Supervisors Contra John Cullen Clerk of the Board Costa and County Administration Building County Administrator 651 Pine Street,Room 106 County (925)335-1900 Martinez, California 94553-4068 E sE•L John Gioia,District I _;' Gayle B.Uilkema,District II Mary Piepho,District III Susan Bonilia,District IV n Federal D.Glover, District V x March 13, 2007 COUS1 Senator Dianne Feinstein 331 Hart Senate Office Building Washington,DC 20510 Dear Senator Feinstein: The Contra Costa County Flood Control and Water Conservation District (District) requests your support of full capability funding for the U. S.Army Corps of Engineers(Corps)to complete their reevaluation study of our Lower Walnut Creek, California, flood control project. This request concerns the District's Walnut Creek Flood Control project in the central part of Contra Costa County. Background The Walnut Creek Flood Control project was originally authorized by Congress in the late 1950's. Over many phases of work, starting in 1958, the Corps and the District constructed over 22 miles of channel improvements along Walnut Creek,San Ramon Creek,Las Trampas Creek,Pine Creek,Galindo Creek,Lower Grayson Creek and Pacheco Creek. At the completion of each phase of construction,the District assumed maintenance responsibilities for the flood control facility. The District must maintain the facilities to Corps standards pursuant to a maintenance manual. Each fall the Corps inspects all 22 miles of the constructed facilities in the Walnut Creek watershed. With a few exceptions the last inspection found the entire system to be in good working order. One item that has been a long standing concern is the amount of accumulated sediment in the lower reaches of the Walnut Creek channel, roughly from the mouth of the creek upstream to Highway 4 near the Buchanan Field Airport. Much of this reach also has a levee on one or both sides of the creek. In the early 1990's the District applied for regulatory permits to dredge the Lower Walnut Creek channel. The District pursued these permits for three years but due to the strong opposition from various agencies,the District withdrew its permit application. Instead of dredging, the District approached the Corps to conduct a general reevaluation of the project to address the regulatory issues and obstacles facing channel dredging and to develop a more sustainable channel system. The Corps agreed to conduct the Lower Walnut Creek, California, General Reevaluation Study and has been working with the District on it since 2002 to define this alternative project. To date the reevaluation study has not been completed due to the sporadic funding the Corps has received. However, the District and the Corps anticipate the completed reevaluation study will identify a more sustainable channel section that will provide the requisite flood protection, satisfy the desired environmental standards and meet the requirements for Federal funding. In due course, the District plans to address the sediment accumulation in the lower portion of the channel in accordance with the recommendations of the reevaluation study. To that end,the District has diligently supported the Corps' efforts on the General Reevaluation Study. In the short term, the District has implemented several desilting projects upstream of Highway 4 and will continue to take measures to reduce flood risk in the lower portion until the final alternative project is constructed. Senator Feinstein March 13, 2007 Page 2 The Reevaluation Study and the Current Corps Inspection Report The Corps 2006 Annual Inspection of the Walnut Creek Project noted the accumulation of sediment in the lower channel that has reduced channel capacity. Based on this deficiency the Corps placed the Walnut Creek project on a national list of deficient levees. The Corps has given us one year to correct the deficiency._This puts the District in. a difficult position. We have been working with the Corps for several years on the reevaluation study to avoid or reduce the amount of dredging, yet we may have to dredge due to the one year correction requirements. Although we believe the regulatory agencies and environmental community continue to oppose dredging,we will be obligated to secure a dredge permit without a reasonable prospect of developing a feasible alternative., We feel our best option is to continue to work with the Corps on completing the reevaluation study. We plan to use the recommendations from the reevaluation study to develop interim flood protection measures that we can implement locally, to minimize flood risks until a Corps project is built. The Corps will soon provide us with a hydrology model that will allow us to start planning our interim flood protection measures. We believe this will be the most cost effective approach that does the least environmental damage and still provides flood protection until the ultimate project is built. However,this approach may take longer than one year to implement and we may need a time extension from the Corps to address the deficiency. It is imperative that the Corps receive their full capability funding this year of$600,000 so the Corps can complete the reevaluation study and provide the District with the near-term critical information we need to develop our interim plan. Attached are several support Ietters for our project in addition to a Board report dated March 13,2007 which provides more in-depth background information. Thank you for your consideration and continued support for our project. Very tru y ur , M iepho Chair, Board of Supervisors MP:RMA:iz G:Wdmin\Mitch\BOS\Piepho ltr to Feinstein 3-13-07.doc Attachment c: John Cullen County Administrator Maurice Shiu,Chief Engineer Mitch Avalon,Deputy Chief Engineer Greg Connaughton,Flood Control Paul Detjens,Flood Control Rich Lierly,Flood Control Silvano Marchesi,County Counsel Ron Harvey,Risk Management Jim Kelly,Central Contra Costa Sanitary District Rachel Lenci,City of Walnut Creek Steve Wallace,City of Pleasant Hill Alex Pascual,City of Concord Joye Fukuda,City of San Ramon Steve Lake,Town of Danville Paul Schlesinger,Alcalde&Fay �.a recycled Paper- City of Pleasant Hill February 21, 2007 The Honorable Diane Feinstein U.S. Senate 331 Hart Senate Building Washington,D.C.20510 Dear Senator Feinstein: This letter is being sent to you to indicate the City of Pleasant Hill's continuing and strong support for the Arany Corps of Engineer's(Corps) Grayson and Murderer's Creek Feasibility Study. Its official title is"Walnut Creek Basin, (Grayson and Murderer's Creeks, CA)."Your past assistances have enabled the Corps to complete Phase I of the study,and the City eagerly awaits the Corps' presentation of the study's findings in early March. This,infonnation will assist the community in our deliberation regarding the use of potential detention basin sites to provide desperately needed flood protection for our residents. The Corps has informed us that their federal fiscal year 2008 capability is$600,000 for this project,which will allow them to make significant progress on the second and final phase of the feasibility study. The proposed President's budget included no funds for this critical flood protection project. The Contra Costa County Flood Control and Water Conservation District, (District)our partner in this project,has submitted a request for your assistance in seeking a .congressional add on appropriation in the amount of the Corps' capability for this very important - flood protection project. The District has set aside non-federal funds for their share of the study's cost. Phase I of the feasibility study shows a high likelihood for continued Federal participation. When completed, Phase II of the Corps' study will determine if there is sufficient Federal interest in constructing flood protection facilities to control major storms that severely impact the community. Back rg ound In 1997 a moderate stone caused flooding on over 100 properties in the City.A more severe stormy occurred in-2005,but due to our enhanced creek and storm drain facilities maintenance programs, the impacts of the flood waters was somewhat lessened. Each winter the City and its residents fear a major storm may inflict extensive flood damage upon our residences and commercial properties. Since 2001,we have continually worked with the City of Walnut Creek,Contra Costa County, Mt. Diablo Unified School District, Pleasant Hill Recreation and Park District and our constituents through a multi-year community-based planning process to develop a multi-purpose basin plan that we have asked the Arany Corps of Engineers to consider in their study. 100 Gregory Lane - Pleasant Hill - California 94523-3323 - (925) 671-5270 - FAX (925)256-8190 The City of Pleasant Hill will, again, greatly appreciate your assistance. jS1erely' hn K. Hanecak ice-Mayor Cc Anny Corps of Engineers City Council City Manager City of Walnut Creek Congressman Miller Contra Costa County Flood Control District Contra Costa County Mt. Diablo Unified School District Pleasant Hill Recreation and Park District Y:\Soutli PH Task ForceMetter Congressional Add On-feb 2007.doc C I T Y O F WALNUT CREEK February 8, 2007 Mary Piepho, Chair Contra Costa County Board of Supervisors 651 Pine Street Martinez, California 94553 Dear Madam Chair: We are sending this letter to indicate the City of Walnut Creek's continuing and strong support for the Army Corps of Engineers Grayson and Murderers Creek project,also referred to by the Corps as the"Walnut Creek Basin (Grayson and Murderers Creeks), California" Project. This project will provide flood protection for Walnut Creek residents who live near Grayson Creek. Since 2003, the Contra Costa Flood Control District has been working with the Army Corps to complete the first phase of a Feasibility Study for the Walnut Creek Basin Project. Although steady progress has been made by the Corps to date,the Feasibility Study is significantly behind schedule, partly due to limited appropriations each year. We anticipate that Phase I of the Feasibility Study will be completed next month. However, the Corps has informed the District that for fiscal year 2007, $600,000 is needed to continue their work and determine if there is Federal interest in participating in this flood protection project. It is anticipated the study will justify a Federal flood control roject to mitigate the flood hazards in the community. The Flood Control District and its partners have committed the local share of funding to complete the remainder of the Feasibility Study. The City supports the Flood Control District's request for full Corps funding of$600,000 to help complete the study in a timely fashion. It should be noted that flooding has occurred while the Feasibility Study was in progress. On New Years Eve 2005, both Grayson Creek and Murderers Creek overflowed, flooding approximately 80 homes and causing nearly three million dollars in damage. In response to the real and costly threat of flooding in Walnut Creek and Pleasant Hill, the City of Walnut Creek has worked collaboratively with Contra Costa County,the Flood Control District,the City of Pleasant Hill, Mount Diablo Unified School District, Pleasant Hill Recreation and Park District, and especially the residents of Walnut Creek and Pleasant Hill to develop a multi-year community-based planning process and sustainable flood protection plan. The Corps has incorporated the comments and recommendations from our community-based planning efforts into the Feasibility Study. As one of three significant flooding areas in Walnut Creek, the City appreciates the support and Post Office Boy:89, 1666 North Main Street,Walnut Creek,CA 4596 tel 925.943.5800 www.ci.walnut-creek.ca.us printed on recyded paper recognizes the critical efforts of the Flood Control District to further this project with the Army Corps of Engineers. On behalf of the residents who live along the Grayson and Murderers Creeks and are relying on us for flood protection,we strongly support Contra Costa County's Flood Control District's request for a Federal appropriation for this project. Sincerely, ^� SUSAN M. RAINEY RACHEL LENCI Mayor City Engineer Cc: Ellen Tauscher,U.S.House of Representatives Tom Torlakson,California State Senate Guy Houston,California State Assembly C I- T Y O F WALNUT CREEK February 13, 2007 Mary.Piepho, Chair Contra Costa County Board of Supervisors 651 Pine Street Martinez, California 94553 Dear Supervisor Piepho: On behalf of the City of Walnut Creek,we are writing to acknowledge and strongly support the need for the Army Corps of Engineers' Lower Walnut Creek Project and the Contra Costa County Flood Control District's appropriation request. The Lower Walnut Creek project is a Re-evaluation Study aimed at restoring the most important regional flood control facility in Contra Costa County. The Lower Walnut Creek Channel was designed and constructed by the Corps over forty years ago. Due to changes in the Federal regulatory requirements and an outdated design, it was determined that the channel and levy system is deficient. As a result, there is a buildup of sediment in the channel and reduced flood capacity,which is a real concern to the businesses and residents of Walnut Creek who are affected by this watershed system.Further,the Lower reach of Walnut Creek provides flood protection to the cities of Martinez and Concord and the unincorporated community of Pacheco. Channel modifications identified by the Re-evaluation Study will enable the District to improve the flood conveyance capacity of the Walnut Creek Channel and satisfy Federal and State regulatory requirements through restoration and enhancement of riparian habitat. The District is ready and eager to fund its local share for this study. As a result of the Corps'preliminary re-evaluation effort,the Lower Walnut Creek Project has already received support from local environmental interest groups and the regulatory community, and has received grant funding from the State of California for environmental assessments integral to the restoration effort. The Corps has laid the groundwork to develop a multi-objective project with excellent potential to enhance fish-spawning habitat,create refuge for endangered species and establish greater recreational access, while providing a sustainable flood control facility. The momentum for this project is likely to dissipate without federal funding to maintain the Corps' active involvement in the project. Delay of the project will diminish the value of the locally funded environmental studies, as well as the Corps' topographic survey work. A significant delay may render this preliminary work.unusable. Post Office Box 8039, 1666 North Main Street,Walnut Creek, CA 94596 tel 925.943.5800 www.cimalnut-creek.ca.us printed an recycled paper The City of Walnut Creek values the work of the Contra Costa County Flood Control District and their work with the Army Corps of Engineers, and recognizes the importance and timeliness of the Lower Walnut Creek Reevaluation Study. We strongly support the Flood Control District's appropriation request for Army Corps funding this next fiscal year. Most sincerely, SUSAN M. RAINEY RACHEL LENC Mayor City Engineer Cc: Ellen Tauscher,U.S. House of Representatives Tom Torlakson,California State Senate Guy Houston,California State Assembly SEAK '. CONTRA COSTA COUNT' AIRPORTS y ? 550 Sally Ride Drive • Concord, CA 94520-5550 February 20,2007 Mary Piepho, Chair Contra Costa County Board of Supervisors 651 Pine Street Martinez, California 94553 Dear Supervisor Piepho; We are sending this letter to indicate the Contra Costa County Buchanan Field Airport's continuing and strong support for the Army Corps of Engineers Lower Walnut Creek Project and the Flood Control District's appropriation request for Corps funding. The Lower Walnut Creek project is a Reevaluation Study aimed at restoring the most important regional flood control facility in Contra Costa County. The Lower Walnut Creek channel was constructed by the Corps in the 1960's. The channel,as currently designed,places the Flood Control District in a dilemma: required by its assurances to the federal government to maintain the facility in its "as built" condition and yet barred by federal regulatory restrictions arising from endangered species from fulfilling that maintenance obligation. This has all resulted in a buildup of sediment in the channel and reduced flood capacity, which is a real concern for the Airport. The Buchanan Field Airport is one of only two general aviation airports in the county. The airport is located adjacent to the Walnut Creek Channel,and is within the limits if the Corps reevaluation study. It is imperative for the airport to be protected from flooding and the airport supports improving the identified creek conditions and providing future security for the adjacent airport. This will allow the ultimate flood protection project to be built. The Corps has laid the groundwork to develop a multi-objective project with excellent potential to enhance fish-spawning habitat, create refuge for endangered species and establish greater recreational access, while providing a sustainable flood control facility. The momentum this project has developed will dissipate without federal funding to maintain the Corps'active involvement in the project. Delay to the project will diminish the value of the locally funded environmental studies,as well as the Corps' topographic survey work,and significant delay may render this preliminary work unusable. The Airport appreciates the efforts the County Flood Control District has performed to date in working with the Corps to complete the reevaluation study. We view this as a benefit to the airport and to the entire watershed in which we reside. Again we strongly support the Flood Control District's appropriation request for Army Corps funding this next fiscal year. Very truly yours, Keith Freitas Director of Airports cc: Board of Supervisors I Cullen,CAO M. Shiu,Director Public Works M.Avalon,Deputy Public Works B.Lee,Airport Business and Development Manager K. Coyle,Supervisor of Airport Operations Administration & Finance • Operations • Environment & Community Relations Property & Lease Management • Fax (925)646-5722 (925)646-5724 (925)646-5726 (925)646-5723 (925)646-5731 Supervisors Contra John Cullen ` The Board of Supervisors Clerk of the Board Costa and County Administration Building County Administrator 651 Pine Street, Room 106 County (925)335-1900 Martinez, California 94553-4068 John Gioia,District I Gayle B.Uilkema,District II ti — Mary Piepho,District III - Susan Bonilia,District IV p 41auT •1S Federal D.Glover, District V x. March 13, 2007 STA-court`+"t Congressman George Miller 2205 Rayburn House Office Building Washington, DC 20515 Dear Congressman Miller: The Contra Costa County Flood Control and Water Conservation District (District) requests your support of full capability funding for the U. S.Army Corps of Engineers(Corps)to complete their reevaluation study of our Lower Walnut Creek, California,flood control project. This request concerns the District's Walnut Creek Flood Control project in the central part of Contra Costa County. Background The Walnut Creek Flood Control project was originally authorized by Congress in the late 1950's. Over many phases of work, starting in 1958, the Corps and the District constructed over 22 miles of channel improvements along Walnut Creek,San Ramon Creek,Las Trampas Creek,Pine Creek,Galindo Creek,Lower Grayson Creek and Pacheco Creek. At the completion of each phase of construction,the District assumed maintenance responsibilities for the flood control facility. The District must maintain the facilities to Corps standards pursuant to a maintenance manual. Each fall the Corps inspects all 22 miles of the constructed facilities in the Walnut Creek watershed. With a few exceptions the last inspection found the entire system to be in good working order. One item that has been a long standing concern is the amount of accumulated sediment in the lower reaches of the Walnut Creek channel, roughly from the mouth of the creek upstream to Highway 4 near the Buchanan Field Airport. Much of this reach also has a levee on one or both sides of the creek. In the early 1990's the District applied for regulatory permits to dredge the Lower Walnut Creek channel. The District pursued these permits for three years but due to the strong opposition from various agencies, the District withdrew its permit application. Instead of dredging, the District approached the Corps to conduct a general reevaluation of the project to address the regulatory issues and obstacles facing channel dredging and to develop a more sustainable channel system. The Corps agreed to conduct the Lower Walnut Creek, California, General Reevaluation Study and has been working with the District on it since 2002 to define this alternative project. To date the reevaluation study has not been completed due to the sporadic funding the Corps has received. However, the District and the Corps anticipate the completed reevaluation study will identify a more sustainable channel section that will provide the requisite flood protection, satisfy the desired environmental standards and meet the requirements for Federal funding. In due course, the District plans to address the sediment accumulation in the lower portion of the channel in accordance with the recommendations of the reevaluation study. To that end,the District has diligently supported the Corps' efforts on the General Reevaluation Study. In the short term, the District has implemented several desilting projects upstream of Highway 4 and will continue to take measures to reduce flood risk in the lower portion until the final alternative project is constructed. Congressman Miller March 13, 2007 Page 2 The Reevaluation Study and the Current Corps Inspection Report The Corps 2006 Annual Inspection of the Walnut Creek Project noted the accumulation of sediment in the lower channel that has reduced channel capacity. Based on this deficiency the Corps placed the Walnut Creek project on a national list of deficient levees. The Corps has given us one year to correct the deficiency. This puts the District in a difficult position. We have been working with the Corps for several years on the reevaluation study to avoid or reduce the amount of dredging, yet we may have to dredge due to the one year correction_requirements. Although we believe the regulatory agencies and environmental community continue to oppose dredging,we will be obligated to secure a.dredge permit without a reasonable prospect of developing a feasible alternative. We feel our best option is to continue to work with the Corps on completing the reevaluation study. We plan to use the recommendations from the reevaluation study to develop interim flood protection measures that we can implement locally, to minimize flood risks until a Corps project is built. The Corps will soon provide us with a hydrology model that will allow us to start planning our interim flood protection measures. We believe this will be the most cost effective approach that does the least environmental damage and still provides flood protection until the ultimate proj ect is built. However,this approach may take longer than one year to implement and we may need a time extension from the Corps to address the deficiency. It is imperative that the Corps receive their full capability funding this year of$600,000 so the Corps can complete the reevaluation study and provide the District with the near-term critical information we need to develop our interim plan. Attached are several support letters for our project in addition to a Board report dated March 13,200.7 which provides more in-depth background information. Thank you for your consideration and continued support for our project. V ery , C Chair, Board of Supervisors MP:RMA:lz G:\Admin\Mitch\BOS\Piepho Itr to Miller 3-13-07.doc Attachment c: John Cullen,County Administrator Maurice Shiu,Chief Engineer Mitch Avalon,Deputy Chief Engineer Greg Connaughton,Flood Control Steve Lake,Town of Danville Paul Detiens,Flood Control Rich Lierly,Flood Control Silvano Marchesi,County Counsel Ron Harvey,Risk Management Jim Kelly,Central Contra Costa Sanitary District Rachel Lenci,City of Walnut Creek Steve Wallace,City of Pleasant Hill Alex Pascual,City of Concord Joye Fukuda,City of San Ramon Kathy Hoffman,Representative,Congressman Miller Ben Miller,Representative,Congressman Miller Paul Schlesinger,Alcalde&Fay G 1 T Y O F WALNUT CREED February 8, 2007 Mary Piepho, Chair Contra Costa County Board of Supervisors 651 Pine Street Martinez, California 94553 Dear Madam Chair: We are sending this letter to indicate the City of Walnut Creek's continuing and strong support for the Army Corps of Engineers Grayson and Murderers Creek project,also referred to by the Corps as the "Walnut Creek Basin (Grayson and Murderers Creeks), California" Project. This project will provide flood protection for Walnut Creek residents who live near Grayson Creek. Since 2003, the Contra Costa Flood Control District has been working with the Army Corps to complete the first phase of a Feasibility Study for the Walnut Creek Basin Project.Although steady progress has been made by the Corps to date,the Feasibility Study is significantly behind schedule, partly due to limited appropriations each year. We anticipate that Phase I of the Feasibility Study will be completed next month. However,- the Corps has informed the District that for fiscal year 2007, $600,000 is needed to continue their work and determine if there is Federal interest in participating in this flood protection project. It is anticipated the study will justify a Federal flood control project to mitigate the flood hazards in the community. The Flood Control District and its partners have committed the local share of funding to complete the remainder of the Feasibility Study. The City supports the Flood Control District's request for full Corps funding of$600,000 to help complete the study in a timely fashion. It should be noted that flooding has occurred while the Feasibility Study was in progress. On New Years Eve 2005, both Grayson Creek and Murderers Creek overflowed, flooding approximately 80 homes and causing nearly three million dollars in damage. In response to the real and costly threat of flooding in Walnut Creek and Pleasant Hill, the City of Walnut Creek has worked collaboratively with Contra Costa County,the Flood Control District,the City of Pleasant Hill, Mount Diablo Unified School District, Pleasant Hill Recreation and Park District, and especially the residents of Walnut Creek and Pleasant Hill to develop a multi-year community-based planning process and sustainable flood protection plan. The Corps has incorporated the comments and recommendations from our community-based planning efforts into the Feasibility Study. As one of three significant flooding areas in Walnut Creek, the City appreciates the support and Post Office Bot 89, 1666 North Main Street,Walnut Creek, CA 4596 tel 925.943.5800 wwwomalnut-creek.ca.us m-mrrd n rervried nanrr recognizes the critical efforts of the Flood Control District to further this project with the Army Corps of Engineers. On behalf of the residents who live along the Grayson and Murderers Creeks and are relying on us for flood protection,we strongly support Contra Costa County's Flood Control District's request for a Federal appropriation for this project. Sincerely, 14"Y 6� SUSAN M. RAINEY RACHEL LENCI Mayor City Engineer Cc: Ellen Tauscher,U.S.House of Representatives . Tom Torlakson,California State Senate Guy Houston, California State Assembly C I T Y O F WALNUT CREEK :February 13, 2007 Mary Piepho, Chair Contra Costa County Board of Supervisors 651 Pine Street Martinez, California 94553 Dear Supervisor Piepho: On behalf.of the City of Walnut Creek, we are writing to acknowledge and strongly support the need for the Army Corps of Engineers' Lower Walnut Creek Project and the Contra Costa County Flood Control District's appropriation request. The Lower Walnut Creek project is a Re-evaluation Study aimed at restoring the most important regional flood control facility in Contra Costa County. The Lower Walnut Creek Channel was designed and constructed by the Corps over forty years ago. Due to changes in the Federal regulatory requirements and an outdated design, it was determined that the channel and levy system is deficient. As a result, there is a buildup of sediment in the channel and reduced flood capacity,which is a real concern to the businesses and residents of Walnut Creek who are affected by this watershed system.Further,the Lower reach of Walnut Creek provides flood protection to the cities of Martinez and Concord and the unincorporated community of Pacheco. Channel modifications identified by the Re-evaluation Study will enable the District to improve the flood conveyance capacity of the Walnut Creek Channel and satisfy Federal and State regulatory requirements through restoration and enhancement of riparian habitat. The District is ready and eager to fund its local share for this study. As a result of the Corps'preliminary re-evaluation effort,the Lower Walnut Creek Project has already received support from local environmental interest groups and the regulatory community, and has received grant funding from the State of California for environmental assessments integral to the restoration effort. The Corps has laid the groundwork to develop a multi-objective project with excellent potential to enhance fish-spawning habitat,create refuge for endangered species and establish greater recreational access, while providing a sustainable flood control facility. The momentum for this project is likely to dissipate without federal funding to maintain the Corps' active involvement in the project. Delay of the project will diminish the value of the locally funded environmental studies, as well as the Corps' topographic survey work. A significant delay may render this preliminary work unusable. Post Office Box 8039, 1.666 North Main Street,Walnut Creek, CA 94596 tel 925943.5800 www.cimalnut-creek.ca.us printed on recycled paper The City of Walnut Creek values the work of the Contra Costa County Flood Control District and their work with the Army Corps of Engineers, and recognizes the importance and timeliness of the Lower Walnut Creek Reevaluation Study. We strongly support the Flood Control District's appropriation request for Army Corps funding this next fiscal year. Most sincerely, SUSAN M. RAINEY RACHEL LENC Mayor City Engineer Cc: Ellen Tauscher,U.S.House of Representatives Tom Torlakson,California State Senate Guy Houston,California State Assembly / sent ` 1 CONTRA COSTA COUNTY AIRPORTS 550 Sally Ride Drive • Concord, CA 94520-5550 �CCnJI� February 20, 2007 Mary Piepho,Chair Contra Costa County Board of Supervisors 651 Pine Street Martinez, California 94553 Dear Supervisor Piepho: We are sending this letter to indicate the Contra Costa County Buchanan Field Airport's continuing and strong support for the Army Corps of Engineers Lower Walnut Creek Project and the Flood Control District's appropriation request for Corps funding. The Lower Walnut Creek project is a Reevaluation Study aimed at restoring the most important regional flood control facility in Contra Costa County. The Lower Walnut Creek channel was constructed by the Corps in the 1960's. The channel,as currently designed,places the Flood Control District in a dilemma: required by its assurances to the federal government to maintain the facility in its "as built" condition and yet barred by federal regulatory restrictions arising from endangered species from fulfilling that maintenance obligation. This has all resulted in a buildup of sediment in the channel and reduced flood capacity,which is a real concern for the Airport. The Buchanan Field Airport is one of only two general aviation airports in the county. The airport is located adjacent to the Walnut Creek Channel,and is within the limits if the Corps reevaluation study. It is imperative for the airport to be protected from flooding and the airport supports improving the identified creek conditions and providing future security for the adjacent airport. This will allow the ultimate flood protection project to be built. The Corps has laid the groundwork to develop a multi-objective project with excellent potential to enhance fish-spawning habitat, create refuge for endangered species and establish greater recreational access, while providing a sustainable flood control facility. The momentum this project has developed will dissipate without federal funding to maintain the Corps'active involvement in the project. Delay to the project will diminish the value of the locally funded environmental studies,as well as the Corps' topographic survey work, and significant delay may render this preliminary work unusable. The Airport appreciates the efforts the County Flood Control District has performed to date in working with the Corps to, complete the reevaluation study. We view this as a benefit to the airport and to the entire watershed in which we reside. Again we strongly support the Flood Control District's appropriation request for Army Corps funding this next fiscal year. c V ery truly yours, Keith Freitas Director of Airports cc: Board of Supervisors J.Cullen,CAO M. Shiu,Director Public Works M. Avalon,Deputy Public Works B.Lee,Airport Business and Development Manager K.Coyle,Supervisor of Airport Operations Administration & Finance • Operations • Environment & Community Relations Property & Lease Management Fax (925)646-5722 (925)646-5724 (925)646-5726 (925)646-5723 (925)646-5731 The"Board of Su ervisors Contra John CullenP Clerk of the Board Costa and County Administration Building County Administrator 651 Pine Street, Room 106 County (925)33571900 Martinez,California 945534068 l• John Gioia,District I Gavle B.Uilkema,District 11 Mary Piepho,District III Susan Bonilia,District IV Federal D.Glover, District V x;. llaM March 13, 2007 rA'coiiri`� Congresswoman Ellen Tauscher 1034 Longworth HOB Washington, DC 20515 Dear Congresswoman Tauscher: The Contra Costa County Flood Control and Water Conservation District (District) requests your support of full capability funding for the U. S.Army Corps of Engineers(Corps)to complete their reevaluation study of our Lower Walnut Creek, California, flood control project. This request concerns the District's Walnut Creek Flood Control project in the central part of Contra Costa County. Back rg ound The Walnut Creek Flood Control project was originally authorized by Congress in the late 1950's. Over many phases of work, starting in 1958, the Corps and the District constructed over 22 miles of channel improvements along Walnut Creek, San Ramon Creek,Las Trampas Creek,Pine Creek,Galindo Creek,Lower Grayson Creek and Pacheco Creek. At the completion of each phase of construction,the District assumed maintenance responsibilities for the flood control facility. The District must maintain the facilities to Corps standards pursuant to a maintenance manual. Each fall the Corps inspects all 22 miles of the constructed facilities in the Walnut Creek watershed. With a few exceptions the last inspection found the entire system to be in good working order. One item that has been a long standing concern is the amount of accumulated sediment in the lower reaches of the Walnut Creek channel, roughly from the mouth of the creek upstream to Highway 4 near the Buchanan Field Airport. Much of this reach also has a levee on one or both sides of the creek. In the early 1990's the District applied for regulatory permits to dredge the Lower Walnut Creek channel. The District pursued these permits for three years but due to the strong opposition from various agencies, the District withdrew its permit application. Instead of dredging, the District approached the Corps to conduct a general reevaluation of the project to address the regulatory issues and obstacles facing channel dredging and to develop a more sustainable channel system. The Corps agreed to conduct the Lower Walnut Creek, California, General Reevaluation Study and has been working with the District on it since 2002 to define this alternative project. To date the reevaluation study has not been completed due to the sporadic funding the Corps has received. However, the District and the Corps anticipate the completed reevaluation study will identify a more sustainable channel section that will provide the requisite flood protection, satisfy the desired environmental standards and meet the requirements for Federal funding. In due course, the District plans to address the sediment accumulation in the lower portion of the channel in accordance with the recommendations of the reevaluation study. To that end,the District has diligently supported the Corps' efforts on the General Reevaluation Study. In the short term, the District has implemented several desilting projects upstream of Highway 4 and will continue to take measures to reduce flood risk in the lower portion until the final alternative project is constructed. Congresswoman Tauscher March 13, 2007 Page 2 The Reevaluation Study and the Current Corps Inspection Report The Corps 2006 Annual Inspection of the Walnut Creek Project noted the accumulation of sediment in the lower channel that has reduced channel capacity. Based on this deficiency the Corps placed the Walnut Creek project on a national list of deficient levees. The Corps has given us one year to correct the deficiency. This puts the District in a difficult position. We have been working with the Corps for several years on the reevaluation study to avoid or reduce the amount of dredging,yet we may have to dredge due to the one year correction requirements. Although we believe the regulatory agencies and environmental community continue to oppose dredging,we will be obligated to secure a dredge permit without a reasonable prospect of developing a feasible alternative. We feel our best option is to continue to work with the Corps on completing the reevaluation study. We plan to use the recommendations from the reevaluation study to develop interim flood protection measures that we can implement locally, to minimize flood risks until a Corps project is built. The Corps will soon provide us with a hydrology model that will allow us to start planning our interim flood protection measures. We believe this will be the most cost effective approach that does the least environmental damage and still provides flood protection until the ultimate project is built. However,this.approach may take longer than one year to implement and we may need a time extension from the Corps to address the deficiency. It is imperative that the Corps receive their full capability funding this year of$600,000 so the Corps can complete the reevaluation study and provide the District with the near-term critical information we need to develop our interim plan. Attached are several support letters for our project in addition to a Board report dated March 13,2007 which provides more in-depth background information. Thank you for your consideration and continued support for our project. . Very t y u iepho Chair, Board of Supervisors MP:RMA:lz G:\Admin\Mitch\BOS\Piepho Itr to Tauscher 3-13-07.doc Attachment c: John Cullen,County Administrator Maurice Shiu,Chief Engineer Mitch Avalon,Deputy Chief Engineer Greg Connaughton,Flood Control Paul Detjens,Flood Control Rich Lierly,Flood Control Silvano Marchesi,County Counsel Ron Harvey,Risk Management Jim Kelly,Central Contra Costa Sanitary District Rachel Lenci,City of Walnut Creek Steve Wallace,City of Pleasant Hill Alex Pascual,City of Concord Joye Fukuda,City of San Ramon Steve Lake,Town of Danville Remy Goldsmith,Representative,Congresswoman Tauscher Paul Kidwell,Representative,Congresswoman Tauscher Paul Schlesinger,Alcalde&Fay I' I's recycled paper City of Pleasant Hill February 21, 2007 The Honorable Ellen Taus-cher 10"'Congressional District 1122 Longworth HOB Washington, D.C. 20515 Dear Congresswoman Tauscher: This letter is being sent to you to indicate the City of Pleasant Hill's continuing and strong support for the Army Corps of Engineer's(Corps) Grayson and Murderer's Creek Feasibility Study. Its official title is"Walnut Creek Basin, (Grayson and Murderer's Creeks, CA)."Your past assistances have enabled the Corps to complete Phase I of the study, and the City eagerly awaits the Corps' presentation of the study's findings in early March. This information will assist the community in our deliberation regarding the use of potential detention basin sites to provide desperately needed flood protection for our residents. The Corps has informed us that their federal fiscal year 2008 capability is$600,000 for this project, which will allow them to make significant progress on the second and final phase of the feasibility study. The proposed President's budget included no funds for this critical flood protection project. The Contra Costa County Flood Control and Water Conservation District, (District) our partner in this project,has submitted a request for your assistance in seeking a congressional add on appropriation in the amount of the Corps' capability for this very important flood protection project. The District has set aside non-federal funds for their share of the study's cost. Phase I of the feasibility study shows a high likelihood for continued Federal participation. When completed, Phase II of the Corps' study will determine if there is sufficient Federal interest in constructing flood protection facilities to control major storms that severely impact the community. Background In 1997 a moderate storm caused flooding on over 100 properties in the City. A more severe storm occurred in 2005, but due to our enhanced creek and storm drain facilities maintenance programs, the impacts of the flood waters was somewhat lessened. Each winter the City and its residents fear a major stone may inflict extensive flood damage upon our residences and commercial properties. Since 2001, we have continually worked with the City of Walnut Creek, Contra Costa County, Mt. Diablo Unified School District, Pleasant Hill Recreation and Park District and our constituents through a multi-year community-based planning process to develop a multi-purpose basin plan that we have asked the Army Corps of Engineers to consider in their study. 100 Gregory Lane - Pleasant Hill - California 94523-3323 - (925) 671-5270 - FAX (925)256-8190 i The City of Pleasant Hill will, again, greatly appreciate your assistance. Si c ely f ohn K. Hanecak ice-Mayor Cc Arany Corps of Engineers City Council City Manager City of Walnut Creek Congressman Miller Contra Costa County Flood Control District Contra Costa County Mt. Diablo Unified School District Pleasant Hill Recreation and Park District YASouth PH Task ForceVetter Congressional Add On-feb 2007.doc i C I T Y O F WALNUT CREEK February 8, 2007 Mary Piepho, Chair Contra Costa County Board of Supervisors 651 Pine Street Martinez, California 94553 Dear Madam Chair: We are sending this letter to indicate the City of Walnut Creek's continuing and strong support for the Army Corps of Engineers Grayson and Murderers Creek project,also referred to by the Corps as the "Walnut Creek Basin (Grayson and Murderers Creeks), California"Project. This project will provide flood protection for Walnut Creek residents who live near Grayson Creek. Since 2003, the Contra Costa Flood Control District has been working with the Army Corps to complete the first phase of a Feasibility Study for the Walnut Creek Basin Project. Although steady progress has been made by the Corps to date,the Feasibility Study is significantly behind schedule, partly due to limited appropriations each year. We anticipate that Phase I of the Feasibility Study will be completed next month. However, the Corps has informed the District that for fiscal year 2007, $600,000 is needed to continue their work and determine if there is Federal interest in participating in this flood protection project. It is anticipated the study will justify a Federal flood control project to mitigate the flood hazards in the community. The Flood Control District and its partners have committed the local share of funding to complete the remainder of the Feasibility Study. The City supports the Flood Control District's request for full Corps funding of$600,000 to help complete the study in a timely fashion. It should be noted that flooding has occurred while the Feasibility Study was in progress. On New Years Eve 2005, both Grayson Creek and Murderers Creek. overflowed, flooding approximately 80 homes and causing nearly three million dollars in damage. In response to the real and costly threat of flooding in Walnut Creek and Pleasant Hill, the City of Walnut Creek has worked collaboratively with Contra Costa County,the Flood Control District,the City of Pleasant Hill, Mount Diablo Unified School District, Pleasant Hill Recreation and Park District, and especially the residents of Walnut Creek and Pleasant Hill to develop a multi-year community-based planning process and sustainable flood protection plan. The Corps has incorporated the comments and recommendations from our community-based planning efforts into the Feasibility Study. As one of three significant floodingareas in Walnut Creek the City appreciates the support and Post Office Boa 89, 1666 North Main Street,Walnut Creek, CA 94596 tel 925.943.5800 wwwci.walnut-creek.ca.us primed on recydcd paper i recognizes the critical efforts of the Flood Control District to further this project with the Army Corps of Engineers. On behalf of the residents who live along the Grayson and Murderers Creeks and are relying on us for flood protection,we strongly support Contra Costa County's Flood Control District's request for a Federal appropriation for this project. Sincerely, Z SUSAN M. RAINEY RACHEL LENCI Mayor City Engineer Cc: Ellen Tauscher,U.S.House of Representatives Tom Torlakson,California State Senate Guy Houston,California State Assembly C I T Y O F WALNUT CREEK February 13, 2007 Mary, Piepho, Chair Contra Costa County Board of Supervisors 651 Pine Street Martinez, California 94553 Dear Supervisor Piepho: On behalf of the City of Walnut Creek, we are writing to acknowledge and strongly support the need for the Army Corps of Engineers' Lower Walnut Creek Project and the Contra Costa County Flood Control District's appropriation request. The Lower Walnut Creek project is a Re-evaluation Study aimed at restoring the most important regional flood control facility in Contra Costa County. The Lower Walnut Creek Channel was designed and constructed by the Corps over forty years ago. Due to changes in the Federal regulatory requirements and an outdated design, it was deterniined that the channel and levy system is deficient. As a result, there is a buildup of sediment in the channel and reduced flood capacity,which is a real concern to the businesses and residents of Walnut Creek who are affected by this watershed system.Further,the Lower reach of Walnut Creek provides flood protection to the cities of Martinez and Concord and the unincorporated community of Pacheco. Channel modifications identified by the Re-evaluation Study will enable the District to improve the flood conveyance capacity of the Walnut Creek Channel and satisfy Federal and State regulatory requirements through restoration and enhancement of riparian habitat. The District is ready and eager to fund its local share for this study. As a result of the Corps'preliminary re-evaluation effort,the Lower Walnut Creek Project has already received support from local environmental interest groups and the regulatory community, and has received grant funding from the State of California for environmental assessments integral to the restoration effort. The Corps has laid the groundwork to develop a multi-objective project with excellent potential to enhance fish-spawning habitat,create refuge for endangered species and establish greater recreational access, while providing a sustainable flood control facility. The momentum for this project is likely to dissipate without federal funding to maintain the Corps' active involvement in the project. Delay of the project will diminish the value of the locally funded environmental studies, as well as the Corps' topographic survey work. A significant delay may render this preliminary work unusable. Post Office Boa 8039, 1666 North Main Street, Walnut Creek,CA 94596, tel 925.943.5800 iAnAIIA%ci.wahiut-creek.ca.us In infect on recycled paper �1 The City of Walnut Creek values the work of the Contra Costa County Flood Control District and their work with the Army Corps of Engineers, and recognizes the importance and timeliness of the Lower Walnut Creek Reevaluation Study. We strongly support the Flood Control District's appropriation request for Army Corps funding this next fiscal year. Most sincerely, / SUSAN M. RAINEY RACHEL LENC Mayor City Engineer Cc: Ellen Tauscher,U.S. House of Representatives Tom Torlakson,California State Senate Guy Houston,California State Assembly -SEA.[.- `�' CONTRA COSTA COUNTY AIRPORTS 550 Sally Ride Drive Concord, CA 94520-5550 February 20, 2007 Mary Piepho,Chair Contra Costa County Board of Supervisors 651 Pine Street Martinez, California 94553 Dear Supervisor Piepho: We are sending this.letter to indicate the Contra Costa County Buchanan Field Airport's continuing and strong support for the Army Corps of Engineers Lower Walnut Creek Project and the Flood Control District's appropriation request for Corps funding. The Lower Walnut Creek project is a Reevaluation Study aimed at restoring the most important regional flood control facility in Contra Costa County. The Lower Walnut Creek channel was constructed by the Corps in the 1960's. The channel,as currently designed,places the Flood Control District in a dilemma: required by its assurances to the federal government to maintain the facility in its "as built" condition and yet barred by federal regulatory restrictions arising from endangered species from fulfilling that maintenance obligation. This has all resulted in a buildup of sediment in the channel and reduced flood capacity, which is a real concern for the Airport. The Buchanan Field Airport is one of only two general aviation airports in the county. The airport is located adjacent to the Walnut Creek Channel,and is within the limits if the Corps reevaluation study. It is imperative for the airport to be protected from flooding and the airport supports improving the identified creek conditions and providing future security for the adjacent airport. This will allow the ultimate flood protection project to be built. The Corps has laid the groundwork to develop a multi-objective project with excellent potential to enhance fish-spawning habitat, create refuge for endangered species and establish greater recreational access, while providing a sustainable flood control facility. The momentum this project has developed will dissipate without federal funding to maintain the Corps'active involvement in the project. Delay to the project will diminish the value of the locally funded environmental studies,as well as the Corps' topographic survey work,and significant delay may render this preliminary work unusable. The Airport appreciates the efforts the County Flood Control'District has performed to date in working with the Corps to _ complete the reevaluation study. We view this as a benefit to the airport and to the entire watershed in which we reside. Again we strongly support the Flood Control District's appropriation request for Army Corps funding this next fiscal year. c�Very truly yours, Keith Freitas Director of Airports cc: Board of Supervisors J. Cullen,CAO M. Shiu,Director Public Works M. Avalon,Deputy Public Works B.Lee,Airport Business and Development Manager K. Coyle, Supervisor of Airport Operations Administration & Finance • Operations • Environment & Community Relations Property & Lease Management Fax (925)646-5722 (925)646-5724 (925)646-5726 (925)646-5723 (925)646-5731