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(continued)
(b) The board shall make the final determination as to whether the facility or use has or has not a major detrimental impact within the adopted plan of flood control or on project facilities, and shall advise the owner of the facility or use of any action required.
Note: Authority cited: Section 8571, Water Code. Reference: Sections 8609 and 8710, Water Code.
s 109. Right of Review of Delegated Authority.
Any person or public agency having an interest in a decision made by the Director of the department or the General Manager of the board pursuant to any delegation by the board, including those delegations in Section 5, Resolution No. 94-15 dated September 16, 1994 and any other delegation of authority has the right to review by the board in accordance with the requirements of section 12. Adversely affected persons have the right to present arguments to the board in person or by a designated representative at a regularly scheduled board meeting.
Note: Authority cited: Section 8571, Water Code. Reference: Sections 8609 and 8710, Water Code.
s 110. Review Procedures.
A person or public agency adversely affected by a decision described in section 109 is entitled to board review at a regularly scheduled meeting of the board after receipt of a written request directed to the General Manager of the board stating the facts and circumstances upon which the request is based, provided the request complies with the requirements of section 12. If a petition for reconsideration is not submitted within the time limits specified in section 23, the decision of the board is final.
Note: Authority cited: Section 8571, Water Code. Reference: Sections 8609 and 8710, Water Code.
s 111. Introduction to Standards.
These standards govern the design and construction of encroachments which affect the flood control works and floodways and are used by the board for the regulation of encroachments. The standards apply to any work within the limits of, or which can affect, any authorized flood control project or any adopted plan of flood control. These standards also provide the public with information needed to prepare and submit encroachment applications to the board. Where any provision in this division requires the application of judgment, such as where "practical," "feasible," or "reasonable," the burden of proof on such issues as impracticality, unfeasibility, or unreasonableness lies with the applicant or permittee.
Note: Authority cited: Section 8571, Water Code. Reference: Sections 8608, 8609 and 8710, Water Code.
s 112. Streams Regulated and Nonpermissible Work Periods.
(a) The board requires applications to be filed for all proposed encroachments within the floodways under its jurisdiction (identified in Table 8.1) and on levees adjacent thereto, on any stream which may affect those floodways.
(b) Banks, levees, and channels of floodways along any stream, its tributaries, or distributaries may not be excavated, cut, filled, obstructed, or left to remain excavated during the flood season.
(1) The flood seasons for the various floodways are shown in Table 8.1.
(2) The board, at the prior written request of the applicant, may allow work to be done during flood season within the floodway, provided that, in the judgment of the board, forecasts for weather and river conditions are favorable.
(c) The following definitions apply to this section:
(1) Bank. "Bank" means the ground bordering a river, stream, lake, or sea, or forming the edge of a cut or hollow.
Table 8.1 -Regulated Streams and Nonpermissible Work Periods
[1] Flood season November 1 through July 15
[2] Flood season November 1 through April 15
Stream Title County-Limits Flood
Season
Alta Main Canal Fresno 1
American River Sacramento - to Nimbus Dam 2
Antelope Creek Placer - to settlement ponds 2
Antelope Creek Tehama 2
Angel Slough Butte 2
Arcade Creek Sacramento - to Roseville Road 2
Ash Creek Modoc 2
Ash Slough Madera 2
Atherton Cove San Joaquin - northeast bank only 2
Auburn Ravine Sutter and Placer 2
Beacon Creek Sacramento - Morrison Creek to 2
Franklin Boulevard
Battle Creek Tehama 2
Bear Creek Merced 2
Bear Creek San Joaquin 2
Bear Creek Shasta 2
Bear River Sutter, Placer & Yuba 2
Berenda Slough Madera - Avenue 21-1/2 to Ash 2
Slough
Best Slough Yuba 2
Big Chico Creek Butte 2
Black Rascal Creek Merced 2
Butte Basin Butte, Glenn, and Colusa 2
Butte Creek Butte and Glenn - to Skyway Bridge 2
Butte Creek Diversion Canal Sutter 2
Butte Slough Sutter 2
Byrd Slough Fresno 1
Cache Creek Yolo - to 1/2 mile west of I-5 2
Cache Slough Solano 2
Calaveras River San Joaquin - to New Hogan Dam 2
Cameron Slough Fresno 1
Canal Creek Merced 2
Cherokee Creek Butte 2
Chowchilla Canal Bypass Merced, Madera, and Mariposa 1
Chowchilla River Merced and Madera - to Buchanan Dam 2
Churn Creek Shasta - within Sacramento River 2
floodway
Cirby Creek Placer 2
Clarks Fork Kings 1
Clear Creek Shasta - Sacramento River to 2
Whiskeytown Dam
Clover Creek Shasta - to 1.1 miles upstream from 2
Millville
Plains Road
Clover Creek Lake 2
Cole Slough Fresno 1
Colusa Bypass Colusa 2
Colusa Basin Drain and Canal Glenn, Colusa, and Yolo 2
Colusa Trough Colusa 2
Coon Creek Placer and Sutter 2
Consumnes River Sacramento 2
Cottonwood Creek Shasta and Tehama - divides 2
counties
- to Dutch Gulch Dam
Cottonwood Creek South Fork Tehama 2
Cottonwood Creek Tulare - St. Johns River to 2
Grapevine Creek
Cow Creek Shasta - to 0.6 miles upstream of 2
Millville Plains Road
Cresent Bypass Kings and Fresno - North Fork Kings 1
River
Cross Creek Kings and Tulare - Nevada Avenue to 1
St. Johns River
Davis Drain Yolo 2
Dead Horse Slough Butte 2
Deer Creek Sacramento 2
Deer Creek Tehama 2
Dog Creek Fresno 2
Dry Creek Butte 2
Dry Creek Fresno 2
Dry Creek Sacramento and Placer - to Antelope 2
Creek
Dry Creek Shasta - to .02 miles upstream from 2
Millville
Plains Road
Dry Creek Stanislaus - Tuolimne River to 2
AT&SF RR
Dry Creek Sytter 2
Dry Creek Tehama 2
Dry Creek Tulare 2
Dry Creek Yuba 2
Duck Creek San Joaquin 2
Duck Creek, South Branch San Joaquin 2
Duck Slough Merced 2
Duck Slough Yolo 2
Dutch John Cut Slough Kings 1
Dye Creek Tehama 2
East Sand Slough Tehama - within Sacramento R. 2
floodway
Eastside Bypass Merced and Madera 1
Edendale Creek Merced 2
Elder Creek Tehama - to Ralston Road Bridge 2
Elk Bayou Tulare 1
Elk Slough Yolo 2
Fahrens Creek Merced 2
Feather River Butte and Yuba 2
Feather River, North Fork Plumas 2
Five Mile Slough Fresno 1
Fourteenmile Slough San Joaquin 2
French Camp Slough San Joaquin 2
Fresno River Madera to Hidden Dam 2
Fresno River, South Fork Madera 2
Fresno Slough Kings and Fresno 1
Georgiana Slough Sacramento 2
Globe Slough Fresno 1
Gold Run Creek Butte 2
Haas Slough Solano 2
Hastings Cut Solano 2
Honcut Creek Butte and Yuba - to 1/2 mile west 2
of S.P.R.R.
Hughes Creek Kings 2
Hutchinson Creek Sutter 2
Ida Island Sacramento 2
Inside Creek Tulare 1
James Bypass Kings and Fresno 1
Jack Slough Yuba 2
Kaweah River Tulare 1
Kaweah River, North Fork Tulare 1
Kaweah River, Middle Fork Tulare 1
Kaweah River, South Fork Tulare 1
Kern River, South Fork Kern and Tulare 1
Kern River Kern, Kings and Tulare 1
Kern River Bypass Channel Kern and Kings 1
Kings River Kings, Tulare and Fresno - to Pine 1
Flat Reservoir
Kings River, North Fork Tulare 1
Kings River, South Fork Tulare 1
Knights Landing Ridge Cut Yolo 2
Laird Slough Stanislaus 1
Laguna Creek Sacramento -Morrison Creek to 2
Franklin Boulevard
Laurel Creek Solano 2
Ledgewood Creek Solano 2
Linda Creek Sacramento and Placer 2
Lindo Channel Butte 2
Lindsey Slough Solano 2
Little Chico Creek Butte 2
Little Chico Diversion Canal Butte 2
Little Cow Creek Shasta 2
Littlejohns Creek San Joaquin 2
Lone Tree Creek San Joaquin 2
Lower San Joaquin River Flood Fresno, Madera, and Merced 1
Control Project
Magpie Creek Sacramento - up to Raley Boulevard 2
Main Drain Canal Kern 1
Mariposa Bypass Merced 1
Mariposa Creek Merced 2
Markham Creek Sutter 2
Mayberry Slough Sacramento 2
McClure Creek Tehama 2
McCoy Creek Solano 2
Merced River Merced 1
Middle Creek Lake 2
Miles Creek Merced 2
Mill Creek Fresno 2
Mill Creek Tehama 2
Mill Creek Tulare 1
Miners Ravine Placer - to Interstate 80 Highway 2
Miner Slough Solano 2
Mokelumne River Sacramento, San Joaquin - to 2
Camanche Reservoir
Moody Slough Solano 1
Mormon Slough San Joaquin 2
Morrison Creek Sacramento to Bradshaw Road 2
Mosher Slough/Creek San Joaquin - to Eightmile Road 2
Moulton Bypass and Weir Colusa 2
Mud Creek Butte 2
Mud Slough Creek Butte 2
Murphy Slough Butte 2
Natomas Cross Canal Sutter 2
Natomas East Main Drainage Canal Sutter and Sacramento 2
Oak Run Creek Shasta - to 0.6 miles upstream from
Millville
Plains Road 2
Old River San Joaquin to Paradise Cut 1
Outside Creek Tulare 1
Owens Creek Merced 2
Paddy Creek San Joaquin - to Tully Road 2
Paradise Cut San Joaquin 1
Paynes Creek Tehama 2
Pixley Slough San Joaquin - Eightmile Road to 2
Bear Creek
Pleasant Grove Creek Canal Sutter and Placer - to Union 2
Pacific R.R.
Porter Slough Tulare - Road 192 to Tule River 1
Putah Creek Yolo, Solano - to Monticello Dam 2
Putah Creek, South Fork Solano 2
Red Bank Creek Tehama 2
Reeds Creek Sutter 2
Sacramento Bypass Yolo 2
Sacramento Deep Water Channel Solano and Yolo 2
Sacramento River Kenwick Dam - to west end of 2
Sherman Island
Salt Creek Shasta 2
Sand Creek Tulare and Fresno 2
Sandy Gulch Butte 2
San Joaquin River Friant Dam to West End of Sherman 1
Island
Scotts Creek Lake 2
Secret Ravine Placer 2
Shag Slough Solano and Yolo 2
Smith Canal San Joaquin - north levee only 2
Sevenmile Slough Sacramento 2
Simmerly Slough Yuba 2
St. Johns River Tulare 1
Stanislaus River San Joaquin and Stanislaus - only 1
where levees are affected
State Main Drain Sutter 2
Steamboat Slough Sacramento and Yolo 2
Stockton Diverting Canal San Joaquin 2
Stony Creek Tehama and Glenn 2
Sutter Bypass Sutter 2
Sutter Slough Sacramento 2
Sycamore Creek Butte 2
Sycamore Slough Yolo 2
Sycamore Slough Colusa 2
Thomes Creek Tehama - within the Sacramento 2
River floodway
Threemile Slough Sacramento 2
Tisdale Bypass Sutter 2
Tom Paine Slough San Joaquin - Old River to W.P.R.R. 2
Tule River Tulare - Road 224 to Success Dam 1
Tule River, North Fork Tulare - confluence at Hickman 1
Creek
Tule River, Middle Fork Tulare - confluence at Long Canyon 1
Tule River, South Fork Tulare - confluence at Long Branch 1
Tuolumne River Stanislaus and San Joaquin - to La 1
Grange Dam
Ulatis Creek Solano - to Cache Slough 2
Wadsworth Canal Sutter 2
Wadsworth Intercepting Canal, Sutter - to Township Road south 2
East bank only
Wadsworth Intercepting Canal, Sutter - south bank only 2
West
Walker Slough San Joaquin 2
Walthall Slough San Joaquin 2
Western Pacific Interceptor Yuba 2
Channel
West Side Canal Kern 1
Willow Creek Glenn and Colusa 2
Willow Slough and Bypass Yolo - to SPRR 2
Wright Cut Solano - to confluence Cache and 2
Shag Slough
Yankee Slough Sutter and Placer 2
Yokohl Creek Tulare 2
Yolo Bypass Solano and Yolo 2
Yuba River Yuba - to Daguerre Point 2
Dam/Highway 70
Note: Authority cited: Section 8571, Water Code. Reference: Sections 8608, 8609 and 8710, Water Code.
s 113. Dwelling and Structures Within an Adopted Plan of Flood Control.
(a) The following definitions apply to this section:
(1) Existing Dwelling - "Existing Dwelling" means a building used for human habitation constructed within a floodway prior to the adoption of the floodway as an authorized flood control project, as a plan of flood control, or as a designated floodway, or as otherwise permitted by the board.
(2) Existing Mobile Home - "Existing Mobile Home" means a mobile home that was positioned within a floodway prior to the adoption of the floodway as an authorized flood control project, as a plan of flood control, or as a designated floodway, or as otherwise permitted by the board.
(3) Existing Structure - "Existing Structure" means a building used for any purpose other than for human habitation constructed within a floodway prior to the adoption of the floodway as an authorized flood control project, as a plan of flood control, or as a designated floodway, or as otherwise permitted by the board.
(4) Human Habitation - "Human Habitation" means an improvement of real property used, or intended to be used, for residential purposes, including but not limited to living, sleeping, cooking, or eating.
(5) Seasonal Occupancy - "Seasonal Occupancy" means to occupy or reside in a dwelling only during the nonflood season.
(6) Residential Development - "Residential Development" means any development or subdivision where a subdivision map is required.
(b) Dwellings and structures within an adopted plan of flood control must comply with the following requirements:
(1) New dwellings, with the exception of dwellings for seasonal occupancy (nonflood season), are not permitted except as provided in subdivisions (d) and (e) of this section.
(2) New dwellings for seasonal occupancy and existing dwellings and structures constructed prior to adoption of the plan of flood control are permitted within the floodway under the following conditions:
(A) The dwelling or structure is not abandoned and is maintained in a condition suitable for the approved use;
(B) The dwelling or structure does not impede floodflows;
(C) The dwelling or structure is properly anchored to prevent flotation during periods of high water;
(D) The finished floor level of new dwellings for seasonal occupancy must be a minimum of two (2) feet above the design flood plane or two (2) feet above the 100-year flood elevation, whichever is higher; and
(E) New dwellings for seasonal occupancy may not be constructed on a levee section or within ten (10) feet of a levee toe.
(3) Any exterior remodeling, modifications, additions, or repairs to the dwelling, or structure, or property which modifies the footprint or consists of replacement of over fifty (50) percent of the structure must have prior approval by the board and meet the following conditions:
(A) Any remodeling, modifications, additions, or repairs may not place the dwelling or structure closer to the low water channel of the floodway; and
(B) The finished floor of any remodeling, modification, addition, or repair to the dwelling or structure must be a minimum of two (2) feet above the design flood plane or two (2) feet above the 100-year flood elevation, whichever is higher.
(4) If a dwelling or structure is damaged, due to any cause, to a cumulative extent of more than fifty (50) percent of its market value within a ten-year period, the dwelling or structure may not be reconstructed or replaced without the approval of the board;
(5) If a damaged dwelling or structure is not repaired or replaced, the entire dwelling or structure, including all stored materials, equipment, and debris, must be completely removed within a reasonable period of time, as determined by the board, and the area restored so that there is no interference with the adopted plan of flood control.
(6) Structures may be constructed within an adopted plan of flood control provided they conform to the following:
(A) Structures may not be constructed on a levee section or within ten (10) feet of a levee toe;
(B) Structures must be securely anchored and floodproofed to at least two (2) feet above the 100-year flood elevation or two (2) feet above the design flood plane, whichever is higher. The floodproofing must be consistent with the potential uses of the structure;
(C) Structures must be located and oriented to have minimal impact on floodflows; and
(D) The number of structures permitted is limited to the minimum reasonably necessary to accomplish an appropriate land use activity.
(c) Mobile homes within an adopted plan of flood control must comply with the following requirements:
(1) New mobile homes are not permitted unless the mobile homes are located within an existing mobile home park or as provided in subdivisions (d) and (e) of this section;
(2) Existing mobile homes, not located within a mobile home park, may remain and the requirements are the same as those for existing dwellings; and
(3) Owners of existing mobile homes which are not located within a mobile home park and which are not anchored in place must have an evacuation plan on record with the board; and
(4) If flood damage occurs to the mobile home due to failure of the evacuation plan or its execution, the mobile home may not remain or be replaced within the adopted plan of flood control without the approval of the board.
(d) Dwellings, structures, and mobile homes are permitted within shallow flooding areas designated as a "zone B" as shown on some designated floodway maps adopted by the board. The board's zone B designation is not to be confused with the Federal Emergency Management Agency's B-zone which relates to a different floodplain identification. In addition to the other standards in this section, the following conditions apply to dwellings, structures, and mobile homes within a designated zone B:
(1) The dwelling, structure, or mobile home is not permitted on a levee section or within ten (10) feet of a levee toe;
(2) Dwellings, structures, and mobile homes are permitted to within fourteen (14) feet of the top of a streambank provided the streambank is revetted to board standards;
(3) Dwellings, structures and mobile homes are not permitted within thirty (30) feet of an unrevetted streambank;
(4) The finished floor level of the dwellings and mobile homes must be a minimum of two (2) feet above the design flood plane or two (2) feet above the 100 year flood elevation, whichever is higher;
(5) Only the minimum floodway area necessary for the placement of the dwelling, structure, or mobile home shall be used. Generally not more than thirty (30) percent of the flood plain area may be used. Designated floodway maps, however, may be more restrictive;
(6) Sufficient area of the floodway must remain clear of the dwelling, mobile home, or structure to preserve the historical orientation of the floodway and to prevent an increase in streamflow stages and velocities.
(7) If a dwelling, structure, or mobile home is damaged due to any cause, cumulatively to the extent of more than fifty (50) percent of its market value, the dwelling, structure, or mobile home may not be reconstructed or replaced without the approval of the board.
(8) Except for approved mining activities, excavating or grading that would increase the depth of flooding within a zone B and which might interfere with the safe evacuation of the area during flooding is not permitted.
(9) New residential developments may be subject to a higher standard than the 100-year event up to and including the Standard Project Flood, (e.g., floor elevations required to be above the Standard Project Flood) or an equivalent rare flood.
(e) New dwellings, structures and mobile homes along an unleveed stream shall comply with the following requirements:
(1) Dwellings, structures, and mobile homes are permitted to within fourteen (14) feet of the top of the streambank provided the streambank is revetted.
(2) Dwellings, structures and mobile homes are not permitted within (30) feet of an unrevetted streambank.
(f) Upon abandonment of the permitted dwelling or structure, the property owner shall be responsible for removal of the dwelling or structure and all appurtenant structures, vehicles, equipment, stockpiles of materials, and debris within a reasonable time.
Note: Authority cited: Section 8571, Water Code. Reference: Sections 8608, 8609 and 8710, Water Code.
s 114. Mobile Home Parks and Recreational Vehicle Parks.
(a) The following definitions apply to this section:
(1) Existing Mobile Home Park - "Existing Mobile Home Park" means any area within a floodway on which two (2) or more mobile homes have been maintained prior to the adoption of the area as an authorized flood control project, as a plan of flood control, or as a designated floodway.
(2) Recreational Vehicle Park - "Recreational Vehicle Park" means any area within a floodway where two (2) or more recreational vehicles are maintained.
(b) Mobile home parks are subject to the following requirements:
(1) New mobile home parks are not permitted within an adopted plan of flood control except in floodway areas classified as zone B as described in subdivision (c), section 113, Dwellings and Structures Within an Adopted Plan of Flood Control.
(2) New mobile home parks are not permitted on a levee section or within ten (10) feet of a levee toe.
(3) Existing mobile home parks located within an adopted plan of flood control may remain if a permit from the board has been obtained, a current implementable evacuation plan is on file with the board, and the following criteria continue to be enforced:
(A) The locations of all structures, mobile homes, recreational vehicles, and appurtenances are shown on the evacuation plan.
(B) The location of the river staff gauge and the gauge height that will indicate an evacuation of a mobile home park are shown on the evacuation plan.
(C) The number of tow vehicles and the usual location of each tow vehicle to be used to evacuate a mobile home park are shown on the evacuation plan.
(D) The locations of emergency storage areas outside the floodway for the mobile homes, recreational vehicles, portable and floatable structures are shown on the evacuation plan.
(E) The route to be used to evacuate mobile homes from a mobile home park to the emergency storage area is shown on the evacuation plan.
(F) After the initiation of an evacuation, all mobile homes not anchored in place and all recreational vehicles, and portable and floatable structures are removed from the floodway within the time period specified in the evacuation plan.
(G) Existing multiple-wide mobile homes, unless specially designed for quick removal, are anchored in place with concrete deadmen.
(H) New multiple-wide mobile homes, unless specially designed for quick removal, are not permitted.
(I) A copy of the evacuation plan is provided to all residents of the mobile home park.
(J) The park permittee or the manager has a duplicate of all keys necessary to move a mobile home and a signed statement allowing the removal of an absentee owner's mobile home during an emergency evacuation.
(K) The permittee of a mobile home park accepts sole responsibility for initiating an evacuation of the park.
(L) Mobile homes not anchored in place, all portable structures, and recreational vehicles have axles, wheels, and any required tow hitch installed, and are in a readily movable condition at all times.
(M) Any related structures, such as laundry rooms or storage buildings, are securely anchored to prevent flotation during high water and are not utilized for human habitation.
(N) If significant flood damage occurs to any of the mobile homes or other park structures due to failure of the evacuation plan or its execution, the park may not continue operating without approval of the board.
(c) Recreational vehicle parks are subject to the following requirements:
(1) New and existing recreational vehicle parks are allowed within an adopted plan of flood control if a permit is obtained from the board, a current implementable evacuation plan is on file with the board, and the following requirements are enforced:
(A) The locations of all recreational vehicle pads and appurtenances are shown on the evacuation plan.
(B) All recreational vehicles have axles, wheels, and any required tow hitch installed, and are in readily movable condition at all times.
(C) At the initiation of an evacuation, all recreational vehicles are removed from the floodway within the time period specified in the evacuation plan.
(D) At the initiation of the evacuation, all floatable and portable structures are removed from the floodway within the time period specified in the evacuation plan.
(E) The locations of emergency storage areas outside the floodway for recreational vehicles, and portable and floatable structures are shown on the evacuation plan.
(F) The location of the river staff gauge and the gauge height that will initiate an evacuation are shown on the evacuation plan.
(G) Permittees or managers of recreational vehicle parks accept sole responsibility for initiating an evacuation.
(H) Any related structures, such as laundry rooms or storage buildings, are securely anchored and are not utilized for human habitation.
(I) If significant flood damage occurs to any of the recreational vehicles or other park structures due to the failure of the evacuation plan or its execution, the park may not continue operating without the approval of the board.
(d) The following restrictions apply to recreational vehicles within an adopted plan of flood control that are not in a recreational vehicle park:
(1) The random use of recreational vehicles within an adopted plan of flood control does not require a permit from the board. Recreational vehicles are not permitted overnight within the floodway during the flood season. However, recreational vehicles may be stored in those limited areas where dwellings are permitted.
(2) It remains the sole responsibility of the property owner to ensure that recreational vehicles do not remain within the floodway overnight during the flood season.
Note: Authority cited: Section 8571, Water Code. Reference: Sections 8608, 8609 and 8710, Water Code.
s 115. Dredged, Spoil, and Waste Material.
(a) Dredged, spoil, or waste materials, regardless of their composition, may not be deposited on the levee crown, levee slopes, or within the limits of a project floodway without specific prior approval of the board.
(b) Suitable dredged, spoil, or waste material may be deposited on or against the landside levee slope if the board determines that it is not detrimental to the safety of the levee.
(c) Dredged materials must be drained of excess moisture before being used as fill material.
(d) Dredged, spoil, or waste materials may not be deposited within the limits of the stream channel, project floodway, or within a bypass area without a determination by the board as to the effect of the deposition regarding (1) the flood-carrying capacity of the stream channel, floodway, or bypass; (2) recreational and environmental factors; and (3) fish and wildlife.
Note: Authority cited: Section 8571, Water Code. Reference: Sections 8608, 8609, 8708, 8709 and 8710, Water Code.
s 116. Borrow and Excavation Activities - Land and Channel.
(a) The removal of earthen material and related activities within the limits of an adopted plan of flood control are subject to the provisions of this division. The board may limit borrow and excavation activities based on the area's hydraulics, hydrology, sediment transport, and history of the borrow sites. The board may waive specific requirements for borrow or excavation activities if the permittee provides detailed studies which the board considers sufficient to justify the waiver.
Borrow and excavation activities maya be allowed if:
(1) The activity will not cause an unplanned change of the stream's location;
(2) The sediment transport downstream will not change in a manner that produces or tends to produce increased flood or erosion problems in the area; and
(3) The activity is consistent with the overall flood control objectives for the area.
(b) General requirements for all borrow permits include the following, unless other specific provisions for a specific area or stream modify these requirements:
(1) Any levee crown or access ramp used to transport borrow material must be maintained by the permittee in the same or better condition as existed at the start of the borrow operation.
(A) A surveyed longitudinal profile of the existing levee crown roadway and access ramps to be utilized for access to the borrow area must be submitted to the board prior to any excavation.
(B) A surveyed longitudinal profile of the levee crown and access ramps utilized for access to the borrow area must be submitted yearly as well as upon abandonment of the borrow area.
(C) Upon order of the board, the permittee shall restore a damaged levee and/or access ramp to the original profile.
(2) Land and channel borrow material of any type may not be stored on a levee section or within ten (10) feet of either toe at any time.
(3) No land and channel borrow material may be stored in a manner that could destabilize a riverbank, e.g., within thirty (30) feet of the top of bank.
(4) Periodic topographic surveys of the active borrow area and vicinity may be required.
(5) All boundaries of an active borrow area must be delineated by steel posts or other permanent markers which are clearly visible.
(6) Stockpiles of materials or the storage of equipment, unless securely anchored, downed trees or brush, and floatable material of any kind are not allowed within a floodway during the flood season as defined in Table 8.1.
(7) Excavation is not permitted within one hundred (100) feet of a levee toe or property line within the floodway.
(8) Material may not be removed within fifty (50) feet of the toe of any spur levee. A spur levee is a levee that protrudes into the floodway for the purpose of directing the flow of floodwater.
(9) Channel or berm excavations are not permitted within a leveed floodway where there is active erosion unless an engineering study demonstrates that the borrow will not exacerbate the erosion.
(10) The side slopes of the perimeter of a borrow area may not exceed three (3) feet horizontal to one (1) foot vertical.
(11) The upstream and downstream ends of a borrow area connected to the low-water channel shall be transitioned into the channel to prevent an abrupt change in streamflow velocity or cause an obstruction to the flow.
(12) The bottom of a borrow area that is seasonally dry and located within two hundred (200) feet of a levee toe shall be graded to be reasonably uniform with the gradient sloping towards the low-water channel.
(13) When the borrow area is to be connected to the low- water channel, excavation must start at the riverward edge of the borrow area and progress uniformly landward.
(14) The bottom elevation of any berm excavation may not be lower than the adjacent channel bottom without adequate setback from the channel. Five hundred (500) feet is generally considered an adequate setback.
(15) Dredging of material from channel waterways generally must be confined to the area beyond one hundred (100) feet of the toe of the bank. The slope of the borrow perimeter nearest the toe of the bank may not exceed five (5) feet horizontal to one (1) foot vertical. Localized exceptions may require bank protection.
(16) Before any borrow operation, including suction dredging, is permitted within one (1) mile of a bridge, a study must be submitted to show that the borrow operation will not adversely affect any of the bridge footings, piers, or bents.
(17) Before any borrow operation, including suction dredging, is permitted within one thousand (1,000) feet of any pipeline or cable crossing beneath the channel, or within one thousand (1,000) feet of a project control structure, e.g., a weir, a study must be submitted to show that the borrow operation will not adversely affect that facility. A study may be required for distances greater than one thousand (1,000) feet where deemed appropriate by the board.
(18) Any proposed borrow operation within one mile of a state highway bridge must be approved by the California Department of Transportation.
(19) A geotechnical investigation is required before initiating any borrow activity within a leveed floodway. The investigation must determine if the proposed borrow activity would increase seepage beneath levees, or expose soils susceptible to erosion.
(c) If periodic inspections reveal that a borrow operation will adversely affect the adopted plan of flood control, additional permit conditions may be imposed, or the permit may be revoked.
(d) Excavations made within a floodway that are not an approved borrow or dredging activity must be backfilled in a manner consistent with local conditions. This requirement is generally satisfied by using suitable material and compacting to the density of the adjacent undisturbed material. Compaction tests by a certified soils laboratory may be required. These requirements may be waived for minor excavations that would have no impact on the floodway.
Note: Authority cited: Section 8571, Water Code. Reference: Sections 8608, 8609 and 8710, Water Code.
s 117. Supplemental Borrow Standards for the Yuba River.
Additional borrow standards have been established for the removal of material from the floodway of the Yuba River. These additional standards supplement and, where in conflict with, supersede standards in section 116, Borrow and Excavation Activities - Land and Channel.
(a) Material may not be removed within three hundred (300) feet of the centerline of project and local levees of the Yuba River.
(b) Material may not be removed within three hundred (300) feet of the perimeter of any bank or levee protection work.
(c) Between Daguerre Point Dam and Cenedella Bend (River Mile 4.1), material may not be removed within one thousand five hundred (1,500) feet of the top of the banks of the Yuba River.
(d) The elevation of the bottom of the borrow area nearest the bank of the river may be no lower than ten (10) feet above the normal low-water elevation of the Yuba River (see Graph 8.1).
(e) Existing borrow pits or depressions between the levee and three hundred (300) feet landward of the levee centerline and adjacent to a proposed borrow area must be backfilled to within twenty (20) feet vertically of the levee crown by the permittee of the proposed borrow area. The backfill must be placed in the ratio of one (1) cubic yard placed in the low areas to ten (10) cubic yards removed from the floodway.
(f) Material may not be removed from the area between nine hundred (900) feet upstream of the Southern Pacific Railroad bridge and the confluence of the Yuba and Feather Rivers.
Note: Authority cited: Section 8571, Water Code. Reference: Sections 8608, 8609 and 8710, Water Code.
s 118. Supplemental Borrow Standards for the Lower San Joaquin River Flood Control Project.
An additional borrow standard has been established for the removal of material from the floodways of the Lower San Joaquin River Flood Control Project. The additional standard supplements and, where in conflict with, supersedes standards in section 116, Borrow and Excavation Activities - Land and Channel. The supplemental standard requires that all berm excavations must connect to the channel, and the bottom of berm excavations must be sloped to drain away from the levee.
Note: Authority cited: Section 8571, Water Code. Reference: Sections 8608 and 8710, Water Code.
s 119. Dams and Related Structures.
(a) Dams and structures that act as dams constructed in the channels of intermittent streams must meet the following criteria:
(1) A study shall be submitted to the board confirming that the installation of a dam will not increase flooding outside of the floodway or increase flood damages to third parties in the floodway.
(2) Erosion control may be required on the bank or levee slopes upstream and downstream of the proposed dam.
(3) Earthfill, including sand, and rockfill dams must be completely removed from the floodway prior to the beginning of flood season each year and may not be reinstalled prior to the end of flood season. (See Table 8.1.)
(4) All stanchions must be removed or lowered, and all flashboards and slide gates of a dam must be removed from the floodway prior to the beginning of flood season each year and may not be reinstalled prior to the end of flood season. (See Table 8.1.)
(5) The permittee must remove or lower all stanchions and must remove the flashboards and slide gates of a dam within twenty-four (24) hours after receiving written notification from the board.
(6) The permittee must remove an earthfill or rockfill dam within ninety-six (96) hours after receiving written notification from the board.
(7) Upon removal of an earthfill or rockfill dam, the material from the dam may not be stockpiled on the levee section or within the floodway.
(8) The permittee must provide warning signs upstream and downstream of a rockfill dam to protect boaters.
(b) Crop checks, ditch banks, ditch pads, road fills, and secondary levees installed within floodways and bypasses may not be reinforced or revetted and must be limited to a height that will not impair the floodway capacity. Crop checks, ditch banks and ditch pads are limited to a height of three (3) feet above the adjacent natural ground.
Note: Authority cited: Section 8571, Water Code. Reference: Sections 8608, 8609 and 8710, Water Code.
s 120. Levees.
(a) Levees constructed, reconstructed, raised, enlarged, or modified within a floodway shall be designed and constructed in accordance with the U.S. Army Corps of Engineers manual, "Design and Construction of Levees" (EM 1110-2- 1913 dated March 31, 1978, which is incorporated by reference) and as supplemented with the following standards:
(1) Levee construction or reconstruction shall be designed by a civil engineer.
(2) An engineering analysis that evaluates levee embankment and foundation stability shall be submitted to the board with the permit application. The analysis must verify that the levee is adequately designed and will be constructed to remain stable under loading conditions for "Case IV - Steady seepage from full flood stage" as defined in the Department of the Army manual, "Design and Construction of Levees" (EM 1110-2-1913), pp.6-6, 6- 7.
(3) A detailed settlement analysis, using procedures such as those described in the Department of the Army manual, "Settlement Analysis" (EM 1110-1-1904, dated September 30, 1990, which is incorporated by reference), must be submitted to the board.
(4) A copy of all geotechnical studies and tests used in the design determination of the levee shall be provided to the board when applying for a permit.
(5) The applicant shall provide the board with a permanent easement granting the Sacramento and San Joaquin Drainage District all flood control rights upon, over, and across the property to be occupied by the proposed flood control works. The easement must include the area within the proposed floodway, the levee section, and the area ten (10) feet in width adjacent to the landward levee toe if the area is not presently encumbered by a board easement.
(6) All drains and abandoned conduits shall be removed from the proposed construction site prior to start of construction.
(7) Prior to construction or enlargement of the embankment, all holes, depressions, and ditches in the foundation area shall be backfilled and compacted to a density equal to that of the adjacent undisturbed material.
(8) Prior to construction or enlargement of the embankment, all surface vegetation shall be removed from the area to receive fill to a depth of six (6) inches. Organic soil and roots one and one-half (1-1/2) inches in diameter or larger, shall be removed from the area to receive fill to a depth of three (3) feet.
(9) An inspection trench shall be excavated to a minimum depth of six (6) feet beneath levees being constructed or reconstructed to a height of six (6) feet or greater. If necessary to ensure a satisfactory foundation, the depth of the inspection trench may be required to exceed six (6) feet.
(A) The minimum depth of an inspection trench excavated beneath levees to be constructed or reconstructed less than six (6) feet in height must be equal to the height of the design water surface above natural ground adjacent to the levee.
(B) The inspection trench must have a minimum bottom width of twelve (12) feet, and the side slopes must be one (1) foot horizontal to four (4) feet vertical, or flatter.
(C) The centerline of the inspection trench shall be located approximately under the outer edge of the shoulder of the waterside levee crown.
(10) When subsurface explorations disclose a pervious substratum underlying a levee to be constructed or reconstructed, a cutoff trench must be excavated to an impervious stratum, where practical.
(11) Cutoff trenches shall have a minimum bottom width of twelve (12) feet and the side slopes shall be one (1) foot horizontal to four (4) feet vertical, or flatter.
(12) Impervious material, with twenty (20) percent or more of its passing the No. 200 sieve, and having a plasticity index of eight (8) or more, and having a liquid limit of less than (50), must be used for construction of new levees and the reconstruction of existing levees. Special construction details (e.g., 4:1 slopes) may be substituted where these soil properties are not readily attainable. Where the design of a new levee structure utilizes zones of various materials or soil types, the requirements of this subdivision do not apply.
(13) Fill material must be placed in four (4) to six (6) inch layers and compacted with a sheepsfoot roller, or equivalent, to a relative compaction of not less than ninety (90) percent per ASTM D1557-91, dated 1991, which is incorporated by reference and above optimum moisture content, or ninety-seven (97) percent per ASTM D698-91, dated 1991, which is incorporated by reference and at or above optimum moisture content.
(14) Fill material placed within two (2) feet of a structure must be compacted by appropriate hand operated compaction equipment.
(15) Levee fill material must be free of stones or lumps exceeding three (3) inches in greatest dimension, and must be free of vegetative matter or other unsatisfactory material.
(16) Fill material may only be placed within the area indicated on the submitted plans.
(17) Fill on levee slopes must be keyed into the existing levee section whenever there is substantial fill, as determined by the board. (continued)