HomeMy WebLinkAboutBUTTE COUNTY BOARD OF SUPERVISORS (2)1' A
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - JUNE 12, 2007
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BUTTE
ti }' COUNTY
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F . OCT 2 2 2607
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� � �, r' DEVELOPMENT
SERVICES '
3.51*
Butte Basin Flooding.- approval. is requested' for a
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letter of support to the Department of Water Resources
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(DWR) and the Reclamation Board to provide protection
for the Phelan Levee.- The Phelan Levee contains the
Sacramento River .fl'god flows allowingy the flood -relief
structures and overflow areas to operate as designed. "
+ j
The area adjacent to.the Phelan Levee has experienced
significant erosion in this below normal rainfall year.
M.& T Ranch has requested support for Butte and Glenn
Counties to , request. .DWR and the 'Reclamation Board
provide protection,.'- for :;the Phelan i<Levee_ prior to.
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failure-= action requested - APPROVE -LETTER OF SUPPORT
AND, AUTHORIZE C.HAI'R TO SIGN.,'
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PAGE 16' v y { 4 JUNE 12,2007'
COMMUNICATIONS RECEIVED FOR INFORMATION ONLY
June 26, 2007
(COPIES OF ALL COMMUNICATIONS ARE COMPILED ON A BIWEEKLY BASIS AND ARE
AVAILABLE ON THE FRONT COUNTER OF THE CLERK OF THE BOARD OFFICE)
1. White-tailed Kite, newsletter of the Altacal Audubon Society, dated June/July 2007.
Topics in this issue include upcoming bird walks and birding trips, bird sightings and
reports on previous birding trips. (Received 6-6-07.)
2. Adjourned Joint Meeting of the Oroville City Council and the Oroville Redevelopment
Agency Agenda for Tuesday, June 5, 2007. This meeting will take place at 6:oo p.m.
in the Oroville City Council Chambers, 1735 Montgomery Street, Oroville. (Received
6-6-07.)
3. Oroville City Council Agenda for Tuesday, June 5, 2007. This meeting will take place
at 7:00 p.m. in the Oroville City Council Chambers, 1735 Montgomery Street, Oroville.
(Received 6-6-07.)
4. Oroville Redevelopment Agency Amended Agenda for Tuesday, June 5, 2007. This
meeting will take place immediately following the Oroville City Council Meeting in the
Oroville City Council Chambers, 1735 Montgomery Street, Oroville. (Received 6-6-07.)
5. Oroville Public Financing Authority Meeting Agenda for Tuesday, June 5, 2007. This
meeting will take place immediately following the Oroville Redevelopment Agency
Meeting in the Oroville City Council Chambers, 1735 Montgomery Street, Oroville.
(Received 6-6-07.)
6. Letter, dated June 4, 2007, from M & T Chico Ranch, who is responding to a letter
written by Mr. Leslie Harder, Deputy Director of the Department of Water Resources.
Mr. Harder's letter was written in response to a previous letter sent by M & T Chico
Ranch regarding their concerns about recent erosion at the Phelan Levee. (Received
6-6-07. Copies sent to the Board of Supervisors, the Chief Administrative Officer,
Deputy Administrative Officer Shari McCracken, and to Public Works, 6-7-07.)
7. Claim for Damages form, dated May 29, 2007. From Hal F. Seibert, Attorney at Law,
Scranton Law Firm, on behalf of Irma Court. Son of claimant was struck by a car while
crossing the street in the crosswalk. (Received 6-7-07. Copies sent to Risk
Management and to County Council, 6-8-07.)
8. Federal Energy Regulatory Commission letter, dated June 1, 2007, regarding the
quarterly Endangered Species Act Consultation Progress Reports required of PG&E for
Project Number 803-o68, DeSabla-Centerville Hydroelectric. (Received 6-12-07.
Copies sent to the Chief Administrative Officer, County Counsel, and to Water and
Resource Conservation, 6-13-07.)
T CHICO RANCH • 3964 CHIC
AVER ROAD • CHICO • CALIPORNIA 9E
Mr. Leslie F. Harder, Jr.
Deputy Director
Department of Water Resources
P.O. Box 942836
Sacramento, CA 94236-0001
Dear Mr. Harder:
June 4,. 2007
• (530) 342-2954 • FAX (530) 342-4138
BOARD OF SUPERVISORS
JUN 0 6 2007
OROVILLE, CA1_IFORNIA
I received your letter dated May 24, 2007.. Your letter was written as a response
to my letter dated March 8, 2007 concerning the recent serious erosion at the Phelan
Levee and the potential for disastrous consequences for the entire Butte Basin.
A meeting was held at the M&T Ranch on May 9, 2007 with your staff and Butte
and Glenn County Public Works Directors, landowners who live and farm along Angel
Slough, and a Glenn County Supervisor. There are well over 50,000 acres and State and
County highways in the Butte Basin Overflow Area. When the State Reclamation Board
designed the Butte Basin Overflow Area in 1964, there was specific design criteria put in
place. In the design flood event a maximum of 60,000 c.f.s. would leave the river at the
M&T Weir. An additional 90,000 c.f.s. would leave at the 3 -B's and Goose Lake Weirs.
In 1989 an Army Corps of Engineers design memorandum noted the "Phelan
Levee is a component of the flood control measures which maintain the proper, flow split
between the Sacramento River Flood Control Project levees and the overflow areas to the
east of the river. If the Phelan Levee is lost due to continued erosion, an excessive
amount of flow could overflow into Angel Slough. This flooding could be disastrous for
the Butte Basin and could endanger the integrity of the SRFCP levees". The State Water
Code instructs DWR to maintain certain structures, including the flood relief structures
and weirs in this vicinity. Both Butte and Glenn Counties have repeatedly requested
DWR to address the deferred maintenance of the 3 -B's weir and now the erosion
impacting the Phelan Levee. '
In a June 1997 letter, Ward Taber, State Reclamation Board General Manager,
commented that Ree. Board staff had taken the position that when the river was within
150 — 200 feet of the Phelan Levee the bank erosion problem would be taken care of. In
the June 1997 letter Mr. Tabor went on to say that the,new criteria was no longer the 150
— 200 feet requirement. It was now that the "State and the U.S. Army Corps of Engineers
must be able to certify that the integrity of the Sacramento River Flood Control Project
will be jeopardized by the continuing bank erosion of the Phelan Levee during the course
of a single flood season". The bank lost 75' from May 2006 — February 2007, in a
drought year, and is now 124' from the toe of the levee. In a wet year with higher river
flows the rate of erosion would be much higher. Mike Harvey, a Mus setter Engineering
FARM DOLLARS AT WORK ��^� �y} .1iJN 0 7 200
Mr. Leslie F. Harder, Jr
Department of Water Resources
June 4, 2007
Page 2
engineer stated that "the presence of the snag -reinforced gravel bar will also drive the
erosion process over a wide range of flows as was demonstrated during the 2006 — 2007
period".
In your May 24, 2007 letter you now state that maintaining the designed flow
splits into the Butte Basin is no longer important due to recent U.S.A.C.E. modeling
efforts and the DWR is no longer interested in protecting .the infrastructure which
maintains the designed flow splits into the Butte Basin.
You also state that "the Corps modeling effort found that the channel migration
between River Mile 192.5 (RM) and RM 190 would result in very limited potential for
the Sacramento River to migrate a significant distance into the Butte Basin. Any
migration would result in the development of a channel bend that would be limited by
resistant flood plain materials". Would you please provide specific information on the
Corps channel migration studies in this area.
I have discussed this point with geologists and they are not aware of a Corp's
Migration Study. They say the Modesto formation is on the west side of the Sacramento
River. They know of no formation that would limit the Sacramento River on the east
bank. I have enclosed pictures of the February 1986 blowout of the M&T Weir which
resulted in a 30' deep by 300' wide hole and a new channel across the field to the east of
the M&T Weir. There was no resistant material in this area (between RM 190 — 191). In
the late 1970's the Sacramento River eroded the Phelan Levee at RM 193. There were no
resistant materials stopping the erosion in this area. The Corps provided bank protection
to stop the eastward movement of the river towards Angel Slough which is less than 1/2
mile to the east.
The City of Chico recently completed soil borings near RM 192.5. Their boring
data is also enclosed. Their data goes 50' deep and reported 20' of topsoil (see attached)
and 30 plus feet of sand and -gravel. Their data reports no erosion resistant material: In
fact their data reports the closer they bored to Angel Slough the thinner the topsoil layer
and the higher to ground surface, the sand and silt layer. Montgomery Watson Harza did
an aquifer test near RM 193 in 2004 (see attached). They drilled several monitoring
wells along the Phelan Levee and documented approximately 20' of topsoil and up to 80'
of sand/gravel mix. How can you have resistance then there is 20' of topsoil followed by
80' of sand and gravel?
When we have high flow conditions in the Sacramento River the hydraulic
pressure of the river forces the water from the sand/gravel layer up through the topsoil
Mr. Leslie F. Harder, Jr
Department of Water Resources
June 4, 2007
Page 3
layer and creates sheet flows across the adjacent fields. This is not something a resistant
layer would readily allow to happen.
Your decision to marginalize the potential damage to the Butte Basin by levee
failure could cause severe damage and cause catastrophic flooding in the Butte Basin and
beyond.
Our local counties have requested immediate assistance for this problem. Please
continue to investigate the "site critically" as your letter said you would do. Please
forward me a copy of the Corps modeling effort on the river migration between RM 190
— RM 192.5. I look forward to your response to my concerns.
Sincerely,
Les Heringer
Manager
Cc: Senator Sam Aanestad
Assemblyman Doug LaMalfa
Assemblyman Rick Keene
Butte County Board of Supervisors
Glenn County Board of Supervisors
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Aquifer 'Fest DRAFT Report Ducks Unlimited, Inc.
increasing concentrations between this maximum and minimum. Stiff plots of samples from the
Sacramento River were generally much smaller in size than groundwater, reflecting a lower TDS
value. Results were not plotted for bicarbonate and carbonate because these data were not
available.
°Saciameiito •
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on Octobu 7, 2006.
Walnut Orchard
Walnut Orchard
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Figure 4-7
Baseline Water Quality Trends in Test and Monitoring Wells and the Sacramento River
Water quality sampling results for each constituent were also compared using a scatter plot.
Constituent concentrations in micrograms per liter (gg/L) (Figure 4-8) and mg/L (Figure 4-9)
were plotted for the six monitoring well locations (on October 7, 2004), the test well (after 28
hours of continuous pumping on October 22, 2004), and the Sacramento River (on October 7 and
22, 2004). For constituents reported in gg/L, the highest concentrations were primarily. observed
MWH 4-112 January 2005
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Project No. 3045.023
Sheet 1 of.2
BORING DEPTH: 51.5 ft Continued DRILLING METHOD: 8 -in. dia. Hollow Stem Auger
DEPTH TO WATER: 10.5 ft HAMMER TYPE Auto Hammer
BACKFILL: Neat Cement RIG TYPE: Moble B-52
COMPLETION DATE: June 7, 2006 DRILLED BY: Woodward Drilling,
NOTES: 1. Terms and symbols defined on Plate A-1. LOGGED BY: M Boone
LOG OF BORING NO. B-13
WPCP 12 -MGD Expansion Project
Chico, California
_ J MMNG LOG OAK GIENGINEE W[WrWROJEC'r=04S.023_COMPLLETE W 2080S.GPJ LIBRARY-120805OAKGLB 712M5 02:10p `_
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BORING DEPTH: 51.5 ft Continued DRILLING METHOD: 8 -in. dia. Hollow Stem Auger
DEPTH TO WATER: 10.5 ft HAMMER TYPE Auto Hammer
BACKFILL: Neat Cement RIG TYPE: Moble B-52
COMPLETION DATE: June 7, 2006 DRILLED BY: Woodward Drilling,
NOTES: 1. Terms and symbols defined on Plate A-1. LOGGED BY: M Boone
LOG OF BORING NO. B-13
WPCP 12 -MGD Expansion Project
Chico, California
_ J MMNG LOG OAK GIENGINEE W[WrWROJEC'r=04S.023_COMPLLETE W 2080S.GPJ LIBRARY-120805OAKGLB 712M5 02:10p `_
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Project No. 3045.023
Ch—f •1 of 1
BORING DEPTH: 31.5 It
DEPTH TO WATER: 14.0 ft
BACKFILL Neat Cement
COMPLETION DATE: June 8, 2006
NOTES: 1. Terms and symbols defined on Plate A-1.
LOG OF BORING NO. B-14
WPCP 12 -MGD Expansion Project
Chico, California
SMNG LOG OAK GIENGINEERIGIMIPROJEGTSUD45Ab_COkVLErE V12DSOS.GPJ LIBRARY 1208MAKGLB 721106 02:10P
DRILLING METHOD: 6 -in. dia. Hollow Stem Auger
HAMMER TYPE: Auto Hammer
RIG TYPE: Mobile B-52
DRILLED BY: Woodward Drilling,
LOGGED BY: M Boone
LOCATION: M&T Ranch 39.68999° N 121:93758° W.
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BORING DEPTH: 31.5 It
DEPTH TO WATER: 14.0 ft
BACKFILL Neat Cement
COMPLETION DATE: June 8, 2006
NOTES: 1. Terms and symbols defined on Plate A-1.
LOG OF BORING NO. B-14
WPCP 12 -MGD Expansion Project
Chico, California
SMNG LOG OAK GIENGINEERIGIMIPROJEGTSUD45Ab_COkVLErE V12DSOS.GPJ LIBRARY 1208MAKGLB 721106 02:10P
DRILLING METHOD: 6 -in. dia. Hollow Stem Auger
HAMMER TYPE: Auto Hammer
RIG TYPE: Mobile B-52
DRILLED BY: Woodward Drilling,
LOGGED BY: M Boone
Project No. 3045.023
ck— 4 s ,
BORING DEPTH: 31.5 ft
DEPTH TO WATER 10.5 ft
BACKFILL Neat Cement
COMPLETION DATE: June 8, 2006
NOTES: 1. Terms and symbols defined on Plate A-1.
LOG OF BORING NO. B-15
WPCP 12 -MGD Expansion Project
Chico, California
DG OAK GIENGINEERIGINTPROJECTSU045.023_C0MPLETE_v120805.0PJ LIBWY.1208D50AK.GLB MUDS 02'.10P
DRILLING ML I HW: u -in. ala. nohow Diem rNuyel
HAMMER TYPE: Auto Hammer
RIG TYPE: Mobile B-52
DRILLED BY: Woodward Drilling,
LOGGED BY: M Boone
LOCATION: M&T Ranch 39.69178° N 121.93629° W
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sand heave; pushed sampler at 25 and 30' for
samples
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45
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BORING DEPTH: 31.5 ft
DEPTH TO WATER 10.5 ft
BACKFILL Neat Cement
COMPLETION DATE: June 8, 2006
NOTES: 1. Terms and symbols defined on Plate A-1.
LOG OF BORING NO. B-15
WPCP 12 -MGD Expansion Project
Chico, California
DG OAK GIENGINEERIGINTPROJECTSU045.023_C0MPLETE_v120805.0PJ LIBWY.1208D50AK.GLB MUDS 02'.10P
DRILLING ML I HW: u -in. ala. nohow Diem rNuyel
HAMMER TYPE: Auto Hammer
RIG TYPE: Mobile B-52
DRILLED BY: Woodward Drilling,
LOGGED BY: M Boone
,o. 3045.023
qSE M;!P SOURCE; Tda General VW Mep 11 based on 50•C•033.d%g by C.mg. En0lneen
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APPROXIMATE LOCATION OF EXPLORATORY
BORINGS BY FUGRO (M)
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SITE PLAN, OUTFALL AREA
Chico WPCP, 12 -MGD Expansion
Chico, Callfomfa
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APPROXIMATE LOCATION OF EXPLORATORY
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NORTH
0 200 400
FEET
SITE PLAN, OUTFALL AREA
Chico WPCP, 12 -MGD Expansion
Chico, Callfomfa
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21. Chico Enterprise Record Fax, dated June 26, 2007. Chico Enterprise Record Public
Notice Advertising Rates, effective July 1, 2007. (Received 6-26-07. Copies sent to
Development Services, County Counsel, and Public Works, 6-27-07.)
22. Letter, undated, from the California Rifle and Pistol Association, requesting donations.
For more information www.crpa.org (Received 6-26-07.)
23. Letter, dated June 27, 2007, addressed to Mr. Jay Punia, General Manager,
Reclamation Board, from Les Heringer, Jr., with M & T Chico Ranch. Mr. Heringer
would like to be on the agenda for the Reclamation Board meeting on July 20, 2007.
(Received 6-27-07. Copies sent to Board of Supervisors and Public Works, 6-28-07.)
24. National Forest Counties and Schools Coalition email/fax update, dated June 25, 2007.
For more information, please visit www.forestco.net or call (530) 527-0666. (Received
6-21-07.)
25. The Firing Line, The California Rifle and Pistol Association, Inc. magazine, dated July
2007. Inside are Legislative Watch, Bill Status Update - July 2007, Legal Front Lines,
and Thru the Hunter's Sights. (Received 6-26-07.)
26. Thank you card and picture, dated June 28, 2007, addressed to Jane Dolan from Butte
County Habitat for Humanity, regarding the Women Build Wall Rising, dated June
2007. (Received 6-28-07. Original sent to Supervisor Dolan, 6-28-07.)
27. News update, dated June 26, 2007, from Western Counties Alliance. Topics are: Small
PILT Increase Passes House, Udall Anti -RS 2477 Rights and Secure Rural Schools
Amendments on Deck. (Received 6-27-07.)
28. United States Bankruptcy Court, Eastern District of California, Sacramento Division
notice, dated June 25, 2007. Notice of Motion to Confirm First Modified Chapter 13
Plan, regarding Timothy G. Haines. (Received 6-27-07. Copies sent to Central
Collections 6-28-07.)
UV/G!/VI nzv Lu.zv rtiA
Pt M & T CHICO RANCH • 3964 CHIC DIVER ROAD • CHICO - CALIFORNIA 9592- '530) 342-2954 • FAX (53U) 34;4-4dodol
BOARD OF SUPERVISORS
JUN2 7 ��O/ June 27, 2007
_ \DD la_,�
OROVILLE, CALIFORNIA
Mr. Jay Puna""
General Manager, Reclamation Board
3310 El Camino Avenue, Room LL40
Sacramento, CA 95821
SENT VIA Fax to: 1-916-574-0682
Dear Mr. puna:
1 page
This is to serve as my notification that I would like to be on the agenda for the
Reclamation Board monthly meeting on July 20, 2007. If this notification is not in time
for the July meeting, then please put me on the agenda for the August 17, 2007 meeting.
The topic will be the designed operation of the Sacramento River overflow structures
which lead to the Butte Basin Overflow Area. I also wish to address the maintenance of
these structures and related facilities that allow them to operate as designed. Specifically
there is serious erosion problems occurring at Sacramento River Mile 192.5 which will
create an unregulated river opening into the Butte Basin. We are seeking Reclamation
Board assistance in dealing with this problcm. Butte and Glenn County representatives
will also be making the presentation with me. please let me know if you need more
information and when I will be on the regular scheduled agenda.
Sincerely,
Les Heringer, Jr.
Manager
cc: Butte County
Glenn County
FARM DOLLARS AT WORK
�U 2 8 2 07r
r � ,�, far• r,
ti 30. State of California, the Resources Agency, Department of Water Resources letter, dated
July 6, 2007, regarding the Biological Assessment for Federally Listed Species for the
Oroville Facilities, Federal. Energy Regulatory Commission Project No. 2100-052.
(Received 7-11-07. Copies sent to the Board of Supervisors and County Counsel.
Interim Chief Administrative Officer Star Brown received a copy of the letter as well as
a disc with the Assessment, 7-12-07,)
31. M & T Ranch letter and attached report, dated June 27, 2007, to the State of California
Reclamation Board, regarding their concerns about the structural integrity of the
Phelan Levee. (Received 7-6-07. Copies of the letter sent to the Board of Supervisors
and Interim Chief Administrative Officer Star Brown, 7-6-07.)
32. City of Chico, Planning Services letter, dated July 10, 2007, giving notice of their intent
to adopt a Negative Declaration for the Acquisition of the future site of Fire Station
Number 7, located on the northeast corner of Hicks Lane and Eaton Road, APN 007-
240-078. (Received 7-12-07. Copies sent to the Interim Chief Administrative Officer
and to Deputy Administrative Officer Shari McCracken, 7-12-07.)
33• Lassen National Forest, Bureau of Land Management, Lassen Volcanic National Park
News Release, dated July 11, 2007. Beginning July 14, Lassen National Forest will be
suspending all wood cutting activity. (Received 7-12-07.)
34. Family Water Alliance letter, dated July 10, 2007, regarding their concerns about the
Sacramento River Watershed Working Lands Preservation and Water Management
Pilot Program. (Received 7-12-07. Copy sent to Water and Resource Conservation, 7-
12-07.)
35• " State Water Resources Control Board, Division of Water Rights notice, dated July 12,
2007. Notice of Application to Appropriate Water by Permit: Application 31386,
Mendocino County, Russian River System. (Received 7-13-07. Copy sent to Water and
Resource Conservation, 7-13-07.)
36. State Water Resources Control Board, Division of Water Rights notice, dated July 12,
2007. Notice of Application to Appropriate Water by Permit: Application 31649,
Trinity County, Trinity River System. (Received 7-13-07. Copy sent to Water and
Resource Conservation, 7-13-07.)
37. State Water Resources Control Board, Division of Water Rights notice, dated July 12,
2007. Notice of Application to Appropriate Water: Application 31432, Monterey
County, Big Sur River. (Received 7-13-07. Copy sent to Water and d Resource
Conservation, 7-13-07.)
38. Federal Energy Regulatory Commission letter, dated July 5, 2007, which reviews five
studies that were conducted for the DeSabla-Centerville Hydroelectric Project, Project
Number 803-o68. (Received 7-13-07. Copies sent to Interim Chief Administrative
Officer Star Brown and to County Counsel, 7-13-07.)
39• Anonymous letter, undated, with an attached article from the Oroville Mercury -
Register, also undated. The letter is stating the author's concerns about contracting
with out of area corporately controlled ambulance services. (Received 7-13-07.)
M & T CHICO RANCH • 3964 CHI *f1IVER ROAD • CHICO • CALIFORNIA*,.. '8 • (530) 342-2954 e FAX (530) 342-4138
June 27, 2007
The Reclamation Board BOARD o SUPE�RV1SoRS
State of California�y
3310 El Camino Ave., Room LL40 fiDMIMSTRAM OF Jv� O 6 1007
Sacramento, CA 95821 JUL 1 1 2007 ®ROVILLE CALIFOR
N1A
Dear Reclamation Board: OROVILLE, CALIFORNIA
This is being written to request your prompt attention to a serious levee erosion problem at
Sacramento River Mile 192.5(L). The structure at great risk is the Phelan Levee. The Phelan Levee helps
regulate the flood flow splits into the Butte Basin. The Butte Basin has over 55,000 acres of prime
farmland, county and state highways, and other infrastructure. When the Butte Basin floods (6 weeks in
1998) public safety, transportation, commerce, and agriculture are negatively impacted. In 1964 The
Reclamation Board mandated that levees be degraded in Butte County and a designated floodway in the
Butte Basin was regulated into existence. There were engineered flood flows that each of the 3 weir
locations, at flood stage, would pass. This has worked as designed although the State has had to spend a
great deal of money at the M&T Weir location over the years following a few of the flood events.. DWR
and the Corps believed the Phelan Levee upriver from the M&T Weir was a vital component to regulating
the flood flows into the Butte Basin. DWR publicly said that the Phelan Levee would be protected should
the need arise.
Now the State and USACE are backing away from their earlier made agreements with landowners
in the Butte Basin Overflow Area to maintain the integrity of each Overflow Area. If the Phelan Levee is.
gone the Overflow Area will cease to function as it was designed. They are saying that "resistant
floodplain materials" will prevent channeling to Angel Slough and into the Butte Basin. This is in spite of
documented (see photos) channeling following the 1986 and 1995 flood events. This is also in spite of
the attached analysis by Mike Harvey, Geomorphologist, on the origin of the riverbank deposits on the
eastside of the Sacramento River. The fact that Angel Slough is less than % mile east of the river in this
location elevates the potential of a pending crisis. With an unregulated new overflow location at R.M.
192.5 the Butte Basin will suffer higher flows earlier and later, during and following flood events. These
flows could last much longer into the spring and early summer. Both Butte and Glenn Counties are on
irecord as requesting a fix to the serious erosion problem at R.M. 192.5.
Please give this critical levee problem your immediate attention and live up to the agreements that
yhave been made over the past 43 years. This problem demands action this year. Thank you for your
attention to this matter. I stand by ready to assist you in any way that I can.
_"0 �
Sincerely,
Les Heringer
Manager
,1
r.
f: 20. State Water Resources Control Board, Division of Water Rights notice, dated August
9, 2007. Notice of Applications to Appropriate Water by Permit: Application 31553,
Mendocino County, Russian River. (Received 8-13-07. Administration Received 8-14-
07. Copy sent to Water and Resource Conservation, 8-14-07.)
21. U.S. Department of Justice, Office of Justice Programs, Office of Juvenile Justice and
Delinquency Prevention Bulletin for December, 20o6. The bulletin details information
about Juvenile Arrests in 2004. (Received 8-14-07. Administration Received 8-15-07.
Copies sent to the Sheriff and Probation Departments, 8-15-07.)
22. California Forest Stewardship Program newsletter, Forestland Steward, for
Spring/Summer 2007. Articles featured include Forests and Climate Primer, Next
Steps, FAQs on Forest Carbon, Nursery Does It's Part, and A Fitting Legacy. (Received
8-14-07.)
23. United States Department of Agriculture, Forest Service, Lassen National Forest faxed
news release, dated August 13, 2007. The Lassen National forest is hosting a public
meeting on Monday, August 20, 6: oo p.m., at the Forest headquarters, 2550 Riverside
Drive, in Susanville, to discuss the Forest's off-highway vehicle (OHV) grant program
for 2008. (Received 8-15-07.)
24. Letter from Michael Travis, dated August 8, 2007, requesting reappointment to the
Private Industry Council's Board of Directors. (Received 8-13-07. Forwarded to the
Board of Supervisors by Associate Clerk of the Board Moghannam, 8-13-07.)
25. Letter from Judy Sisson, dated August 1, 2007, requesting reappointment to the Private
Industry Council's Board of Directors. (Received 8-13-07. Forwarded to the Board of
Supervisors by Associate Clerk of the Board Moghannam, 8-13-07.)
26. Somach, Simmons & Dunn letter, dated August 14, 2007, with an attached Public
Notice regarding the availability of a Draft Environmental Assessment/Initial Study -
Mitigated Negative Declaration for the M & T Chico Ranch/Llano Seco Rancho
Pumping Plant Maintenance of Channel Alignment Sacramento River Mile 192.5•
(Received 8-15-07. Copies sent to the Board of Supervisors, Interim Chief
Administrative Officer Starlyn Brown, County Counsel, and to Development Services,
8-16-07.)
27. Butte County Resource Conservation District 2007 General Stakeholder Meeting
announcement for August 29, 2007, 9:oo a.m. to 12:00 p.m., at Feather River Tribal
Health, 2145 5`h Avenue, Oroville. (Received 8-16-07.)
28. Butte County Resource Conservation District Agenda for August 22, 2007, 9:oo a.m.
to 12:00 p.m., at the Farm Bureau Conference Room, 258o Feather River Boulevard,
Oroville. (Received 8-16-07.)
29. Regional Council of Rural Counties (RCRC) e-mail, datedAugust 16, 2007, announcing
the RCRC 2007 Annual Conference. This conference will take place from September
19-21, 2007, at the Napa Valley Marriott, Napa. (Received 8-16-07)
e
SUMACH, SIMMONS & Dl-j1.l N
! A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
8 1 3 SIXTH STREET
THIRD FLOOR
SACRAMENTO, CA 95814-2403
(91 6) 446-7979
FACSIMILE l91 (5) -4,4(5-8 1 99
WEBSITE: www.lawssd.com
August 14, 2007
in
BOARD OF SUPERVISORS
AUG 15 2007
OROVILLE, CALIFORNIA
Butte County Board of Supervisors
25 County Center Drive
Oroville, CA 95965-3380
Ladies and Gentlemen:
We are providing you with a copy of the Public Notice that was issued on
August 8, 2007, announcing the availability of the draft EA/IS—Mitigated Negative
Declaration for the M&T Chico Ranch/Llano Seco Rancho Pumping Plant Maintenance
of Channel Alignment Sacramento River Mile 192.5. A portion of the proposed project
is located within Butte County.
If you would like more information regarding the proposed project, don't hesitate
to call me at (916) 446-7979.
Very truly yours,
< k
S�ndra K. Dunn
ttorney
SKD:sb
Encl.
cc: Kevin Foerster
Tracy McReynolds
Les Heringer
0
s�
Public Notice
Availability of a Draft Environmental Assessment/Initial Study -Mitigated
Negative Declaration for the M&T Chico Ranch/Llano Seco Rancho
Pumping Plant Maintenance of Channel Alignment Sacramento River
Mile 192.5
The United States Fish and Wildlife Service (USFWS) and California Department of
Fish and Game (DFG) announce the availability of a Draft Environmental Assessment/Initial
Study -Mitigated Negative Declaration (EA/IS-MND) for the M&T Chico Ranch/Llano Seco
Rancho Pumping Plant Maintenance of Channel Alignment Sacramento River Mile 192.5.
The EA/IS-MND has been prepared in compliance with the National Environmental Policy
Act (NEPA) and the California Environmental Quality Act (CEQA).
The proposed project involves the placement of 1520 feet of rock toe and tree
revetment on the west side of the Sacramento River at River Mile 192.5 on land owned and
managed by USFWS as part of the Capay Unit of the Sacramento River National Wildlife
Refuge to protect the M&T Chico Ranch/Llano Seco Rancho pumping plant by stabilizing the
site. The proposed project also includes evaluation of a gravel bar adjacent to Bidwell -
Sacramento State Park. River meander and sediment deposition jeopardizes the continued
operation of the M&T Chico Ranch/Llano Seco Rancho pumping facility and the outfall for
the City of Chico Wastewater Treatment Plant. The pumping facility was relocated from Big
Chico Creek to the present location in 1997 to reduce impacts on spring -run and winter -run
Chinook salmon with funds made available pursuant to the Central Valley Project
Improvement Act, Bay -Delta Accord Category III, Wildlife funds, Wildlife Conservation
Board funds and Ducks Unlimited funds.
The document is being circulated for a 30 -day review and comment period. Written
comments on the document should be received by the agencies at the addresses shown below
no later than September 7, 2007. Any written comments received will be considered by the
agencies in preparing the final EA/IS-MND.
Sacramento National Wildlife Refuge Complex, Attention:
Kevin Foerster, 752 County Road 99W, Willows, CA 95988;
DFG, Attention: Tracy McReynolds, 2545 Zanella Way, Suite F,
Chico, CA 95928.
The document is available for review at the following locations: -
Butte County Library, Chico Branch, 1108 Sherman Avenue, Chico, CA;
City of Willows Library, 201 North Lassen Street, Willows, CA; and
Ducks Unlimited website at http://ducks.org/Page2444.aspk
9. Science Perspectives, a publication of the Pacific Southwest Research Station, Forest
Service, U.S. Department of Agriculture, for Spring 2007: "Tested by Fire, The Cone
Fire and the Lessons of an Accidental Experiment." (Received 9-25-07.)
10. Federal Energy Regulatory Commission request, dated September 12, 2007. Request
for list of endangered species for the South Feather Power Project, PN 2088-o68.
(Received 9-24-07. Copies sent to the Board of Supervisors, Interim Chief
Administrative Officer Starlyn Brown and to County Counsel, 9-24-07.)
11. M & T Chico Ranch letter, dated September 18, 2007, regarding their concerns about
the Phelan Levee. (Received 9-21-07. Administration Received 9-27-07. Copies sent
to Public Works, 9-27-07.) _
12. Letter, dated September 24, 2007, from Kay Koehler, regarding her concerns about the
Postal Service Application for listing and/or prohibitory order form. (Received 9-26-
07. Administration Received 9-27-06.)
13. Letter, dated September 18, 2007, from Butte County Compliance Officer Marion
Reeves, with an enclosed Butte County Indian Gaming Local community Benefit
Committee (IGLCBC) 2oo6-2007 SDF Annual Report. (Received 9-27-07. Copies sent
to the Board of Supervisors, 9-27-07.)
14. California United Homecare Workers (CUHW) letter, relaying information about the
Long Term Care Workers Health Trust Fund. (Received 9-27-07. Copies sent to the
Board of Supervisors, Interim Chief Administrative Officer Starlyn Brown, County
Counsel, and to Human Resources Director Jeanne Gravette, 9=27-07.)
15. State of California, Health and Human Services Agency, California Department of
Public Health letter, dated September 26, 2007, with an enclosed "Local Primacy
Agency Annual Evaluation Report". This report finds that the Butte County
Department of Public Health is in compliance with the California Department of Public
Health's requirements. (Received 9-27-07. Copies sent to the Board of Supervisors,
Interim Chief Administrative Officer Starlyn Brown, and to Public Health, 9-27-07.)
16. Brochure from Managed Health Network (MHN), detailing the Employee Assistance
Program for Butte County Employees. More information may be obtained online at
www.mhn.com. (Received 9-21-07.)
17. U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics
Special Report for May 2007, NCJ 217199: "Veterans in State and Federal Prison,
2004." (Received 9-27-07.)
18. E-mail, dated September 27, 2007, from Green Technology Magazine. Articles include:
Greening Schools in the Golden State, Energy Resource, and New Rules for Green
School Funds: Prop 1D Update. (Received 9-27-07.)
19. National Forest Counties and Schools Coalition e-mail, dated September 28, 2007,
requesting support of the Secure Rural Schools and Communities Act. (Received 10-1-
07•)
N4.& T CHICO RANCH • 3964 CHICO P"IER ROAD • CHICO • CALIFORNIA 9592' (.530) 342-2954 • FAX (530) 342-4138
September 18, 2007
Colonel Thomas Chapman
U.S. Army Corps of Engineers
Sacramento District
1325 J Street
Sacramento, CA 95814-2922
Dear Colonel Chapman:
BUTTE 00"
1HMTRAWF OME
2 7 2007
DVILLE, CALIFORNIA
BOARD OF SUPERVISORS
SEP 1 2007
OROVILLEy, CALIFO,gMA
I am writing regarding an injustice. I seek your assistance in resolving this issue.
In 1964 the State Reclamation Board required the M&T Ranch and others to degrade levees consistent with
the Reclamation Board's 1964 Master Plan for Flood Control in Butte Basin. These levees were systematically
degraded to allow for the controlled flow of flood waters into the Butte Basin.
In 1983 the Corps protected a levee at RM 193 and turned over continued maintenance of it to DWR. This
was done to continue to protect the flood flow splits into the Butte Basin. DWR stated during the 1980s and 90s
that this area was very important to the State, and DWR would protect it when necessary to continue to regulate the
flood flow splits as called for by the Reclamation Board's 1964 Master Plan for Flood Control in Butte Basin. On
July 1, 1997 Colonel Dorothy Klasse, District Engineer, Corps, said in a letter to Congressman Herger "The
Governor's Flood Emergency Action Team (FEAT) report of May 10, 1997 recognizes that the M&T FRS is not a
Federal project feature. The FEAT recommends that the Corps formally recognize the importance of the Butte
Basin Overflow Area by adopting the overflow and bank protection features into the Sacramento River Flood
Control Project, extending the project limits north of Chico Landing to match the limits of the Sacramento River
Bank Protection Project, and approving a plan of flood control for the Butte Basin Overflow Area reach of the
river." In another Corps report prepared by Water Engineering and Technology (WET 1989) in Supplement No. 6
to Design Memorandum No. 2, Sacramento River Bank Protection Project, California, that was prepared for the
Sacramento District, Corps of Engineers "the Phelan Levee is a component of the flood control measures which
maintain the proper flow split between the Sacramento River Flood Control Project (SRFCP) levees and the
overflow areas to the east of the river. If the Phelan Levee is lost due to continued erosion, an excessive amount of
flow could overflow Angel Slough. This flooding would be disastrous for the Butte Basin and could endanger the
integrity of the SRFCP levees."
These communications, the Corps' improvements, and the Reclamation Board's Master Plan reflect a
consistent view of the importance of the Phelan Levee, and controlled releases into the Butte Basin, to the State
and the Corps.
Dramatically, between May 2006 and March 2007 (a critically dry winter) the Sacramento River at RM
192.5 eroded 74' towards the Phelan Levee. There is now only 124' of bank remaining between the toe of the
levee and the Sacramento River. This dangerous erosion needs to be stopped and the levee needs to be protected.
It needs to be protected now as requested in writing (see attached) by both Butte and Glenn Counties. This will
protect public safety, State and County highways, infrastructure and
s -
m:
FARM DOLLIS AT IN2
P/�
Colonel Thomas Chapman
USACE
September 18, 2007
Page 2
commerce. Promises and commitments have been made to M&T and to the Counties in the Butte Basin since
1964. Unfortunately, the Corps and DWR are now citing to a 1996 "report" as justification for not taking any
action.
In 1996 the Corps and Ayers and Associates commenced a Report entitled Sacramento River Bank
Protection Project, Sacramento River and Tributaries Hydrodynamic Modeling of the Sacramento River and Butte
Basin from RM 174 to RM 194. On August 28, 1996 there was an informational meeting held in Willows presided
over by the Corps, DWR and Ayers. The public meeting was held to provide an "Overview of the Hydrodynamic
Study by the U.S. Army Corps of Engineers." The Corps requested questions in writing be addressed to Mr. Tore
Pearson or Mr. Bud Pahl. Questions were submitted in writing and were never answered. This "report" apparently
concluded that the flooding basin would be self -balancing no matter how much levee damage and flood flows there
were upstream of and leading to the Butte Basin Overflow Area. This conclusion is now being cited as the basis,
for the Corps and the State to not get involved infixing the current erosion.
Wanting to better understand the basis for the conclusion in the "report," in August 2007 I requested a copy
of the "report." On September 7, 2007 I received a return letter from the Corps stating that my request was being
denied because "this report has never been finalized and the law protects predecisional draft report documents
from release" (see attached). I am now left with the startling conclusion that the Corps and DWR are basing
their decision to abandon the Reclamation Board's 1964 Master Plan for Flood Control in Butte Basin on an
incomplete — unfinished report that is not even available to the public!'I am unable to review the science that
led to the "report's" conclusions. No one at the Corps ever answered the written questions pertaining to the
assumptions drawn in the draft report.
How can this be? If this area suffers the damage that past experts and reports have said it will from a levee
failure then people and agencies will have to stand-up and be held accountable. I would like to have you address
my concerns about the Corps abandoning the Butte Basin based on an incomplete study addressed by September
30, 2007. I am available at any time to discuss this critical issue with you or your staff.
Sincerely,
Q-�
:: t-v-� -
Les Heringer
Manager
Cc: Congressman Wally Herger
Senator Sam Aanestad
Assemblyman Doug LaMalfa
Resources Secretary Mike Chrisman
Department Director Lester Snow
Butte County Board of Supervisors
Glenn County Board of Supervisors
Scott Shapiro, Esq.
4,S1T^.OF..
�G1�fO 5jATIS U� P��p`PREPLYTOATTENTION OF
Office of Counsel
DEPARTMENT OF THE ARMY
U.S. ARMY ENGINEER DISTRICT, SACRAMENTO
CORPS OF ENGINEERS
1325 J STREET
SACRAMENTO, CALIFORNIA 95814-2922
September 7, 2007
SUBJECT: Freedom of Information_Act Request No. 07-08-0274; A Copy of the Sacramento
River Bank Protection Project, Sacramento River and Tributaries Hydrodynamic Modeling of the
Sacramento River and Butte Basin from R1VI 174 to RM 194 Report dated December 1997
Mr. Les Heringer
M&T Chico Ranch
3964 Chico River Road
Chico, California 95928
Dear Mr. Heringer:
.. Reference your Freedom of Information Act (FOIA) request received on August 20,
2007. Unfortunately, this Agency is unable t'release the subject draft report entitled,
Sacramento River Bank Protection P 6iect Sacramento River and Tributaries Hvdrodynaini
1997, p"- ared by. Ayers Associates: Thus report has never been finalized and the law protects
predecisiondl draft reports documents from release...
The aforementioned draft report is exempt from release pursuant to the protection
afforded it under 5 U.S�C. § 552 (b)(5), generally known as "Exemption 5" of FOIA.
Specifically, the draft report is protected from disclosure under the Exemption 5 deliberative
process privilege. The purpose of this privilege is to "prevent injury to the quality of agency
decision." NLRB v. Sears, Roebuck & Co., 421 U.S. 132,151 (1975). The types of information
covered by this privilege include "advisory opinion, recommendations, and deliberation
comprising part of the process by which governmental decisions and policies are formulated.".
NLRB v. Sears, Roebuck & Co., 421 at 150. The draft report was:generated for internal use and
analysis by the United States Army Corps of Engineers (Corps) staff and will be used in
determining policy as it relates to the Sacramento River Bank Protection Project and future
projects of a similar nature. The draft report contains advisory opinions and deliberations on the
part of Corps employees.
I trust that you will appreciate the consideration upon which this determination is based.
However, because a, portion of your request has been denied, you are advised of your right to
appeal this determination through the South Pacific IDA to the Secretary of the Army (Atte:
General Counsel). An appeal must be received within 6.0 days. of the date. of this letter. '"The
envelope C64 the appeal should bear the notation "Freedom of lnformation Act Appeal"
and should be sent to: US Army Corps of Engineers, Sacramento District, ATTN: CESPK-OC,
1325 J Street, Room 1440, Sacramento, California 95814-2922.
-2 -
For the purpose of assessing fees, I have classified you as a commercial requester under
32 C.F.R. § 518.85(b)(2)(i). The charge for providing the requested information is less than
$15.00 therefore no fee payment is required for this request.
If you have any questions regarding this correspondence or the processing of your
request, please contact Ms. Phyllis Svetich, Freedom of Information Officer, at the above
letterhead address or by teleph6ne'at (916) 557-7236.
Siri�MlY,, 7 /h /
}
is y'
IM? -
{`
' 3•
STATE OF CALIFORNIA'
THE R-ESOURCES AGE�C`f
THE RECLAMATION BOARD
. A.gTER PLAN
FOR
FOOD CONTROL:.
E
BUTTE.S
• [3utfi`e
.,:�-.:� ,� Basin �. •
M1 .
1 t,ki/ .. ��.'..•✓✓4'• "•• mss. .
•�� � • �-' � �s� Ott. ; �- _ • \t:�-- � •
. .r �• ,' _�.G � Vii.• � � ,
a ` d • •14 •.or
l' ,•til, ✓ j ; r. .
HUGO FISHER
AADVfNISTR#TOR
THE R-ESOURCES AGENCY
EDMUND G BROWN STANLEY W ILRt3f�iCft
GOVERNOR PRESIDENT
STATE DF CALIFORNIA THE RECLA-WATInN anAR-n
STATE.OF CALIFORNIA -THE RESOURCES AG'
DEPARTMENT OF WATER RESuURCES
DIVISION OF FLOOD MANAGEMENT
3310 EL CAMINO AVENUE, SUITE 110
P.O. BOX 219000
SACRAMENTO, CA 95821-9000
(916)574-1302
JUN 2 2 2007
Mr. Tom McGowan, Chairman
Glenn County Board of Supervisors
Courthouse, Second Floor
526 West Sycamore Street
Post Office Box 391
Willows, California 95988
Dear Mr. McGowan:
ARNOLD SCHWARZENEGGER, Govemor
4 m'
.a
This is in response to your letter dated May 15, 2007, addressed to both the Department of
Water Resources (DWR) and The Reclamation Board, requesting assistance for repair of
erosion at River. Mile (RM) 192.5 L, and for replacement of the 313's Ranch over area
with a reinforced structure.
The U.S. Army Corps of Engineers (Corps) has made an assessment of bank erosion
problems in this reach.. The Corps has concluded that bank protection in this reach has
minimal impact on the functioning of the flow splits between the Sacramento River and the
Butte Basin. Bank protection of non-federal levees under the Sacramento River Bank
Protection Project ceased because the Corps no longer considered bank protection in this
reach to be of federal interest.
Irrespective of the.Corps evaluation, DWR has undertaken an independent analysis of
the RM 192.5 L site's criticality, and the need for replacement of the 313's Ranch over
flow structure in providing flood protection to Glenn County. A field investigation trip
was made to these sites on May 9, 2007. Findings of these investigations will be
provided to you on completion of these analyses, which we anticipate completing by
September.
.If you have any questions or need additional information, you may contact me, at
(916) 574-0601, or you may*contact Tirath Pal Sandhu, Chief of DWR's Levee Repair
Branch at (916) 574-2639.
Sincerely,
ORIGINAL SIGNED BY
Rodney G. Mayer, Chief
Division of Flood Management
Mr. Tom McGowan
JUN 2 2 2007
Page 2
cc: Honorable Doug La Malfa
Member of the Assembly
State Capitol, Room 4164
Sacramento, California 95814
Mr. Lester Heringer
M&T Chico Ranch
3964 Chico River Road
Chico, California 95928
ADMINISTRATION CENTER
25 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965
June 12, 2007
Rod Mayer, P.E.
Chief, Flood Management Division
Department of Water Resources
1416 Ninth Street
Sacramento, CA 94236-0001
Dear Mr. Mayer and Mr. Punia:
TELEPHONE: (530) 536-7224
Jay Punia, P.E.
General Manager, Reclamation Board
3310 El Camino Ave., Room LL40
Sacramento, CA 95821
JANE DOLAN, Chair
Second District
Bili Connelly
First District
Maurine Krk
Third District
Curt Josiassen
Fourth District
Km Yamaguchi
Fifth District
We are writing to request your assistance with urgent flood protection issues that affect Butte
County and the entire Butte Basin Overflow Area. We are referring to the critical erosion site at
Sacramento River Mile 192.4 east (left) bank and the inadequacy of the 3B's Overflow Area.
The erosion site, which progressed at an alarming rate during the 2006-07 flood season, is
beginning to encroach upon the bank supporting the levee which is protecting thousands and
thousands of acres in the Butte Basin. This bank, and the threatened levee, is part of the State's
plan of flood protection and needs to be addressed by the State now.
As we understand the history, on July 17, 1964 the State Reclamation Board wrote a letter to
M&T Ranch (the landowner) instructing M&T to lower its Phelan Levee and create a weir
allowing 60,000 cubic feet per second (cfs) of flood water to cross the weir when the Sacramento
River reached 150,000 cfs as part of the plan of flood control. Thus, if the levee were to now
erode and fail, allowing more than the 60,000 cfs of flood water into the basin at this location, or
allowing flood water to breach the levee at lower flows, the uncontrolled releases would be
inconsistent with the State's plan. Indeed, water code section 8.361(p) instructs the Department
of Water Resources to maintain certain structures including the flood relief structures and weirs
in this vicinity.
Years of documentation demonstrate concern by M&T regarding erosion at LM 192.4 (the
Phelan Levee). In fact, a 1989 Army Corps of Engineers' design memoranda notes that the
"Phelan levee is a component of the flood control measures which maintain the proper flow split
between the Sacramento River Flood Control Project (SRFCP) levees and the overflow areas to
the east of the river. If the Phelan Levee is lost due to continued erosion, an excessive amount of
flow could overflow into Angel Slough. This flooding could be disastrous for the Butte Basin
and could endanger the integrity of the SRFCP levees."
A June, 13, 1997 letter from the Reclamation Board to M&T noted that the State would address
erosion when the erosion will jeopardize the SRFCP during the course of a single flood season.
If erosion continues at the same pace as last year, erosion could undermine the bank supporting
the levee during the upcoming flood season.
Phelan Levee Support Page 2 of 2
June 12, 2007
Les Heringer of M&T has briefed the Department and taken key personnel on a tour of
the erosion site. Les has expressed to me a willingness to be involved with the solution,
including developing a design for the repairs. Scott Shapiro of Downey Brand has
spoken with the Department's Counsel and briefed the Reclamation Board.
The other major issue is the 3B's Overflow Area, which is critical to the operation of the
Butte Basin Overflow Area which provides flood protection for the Sacramento River
levee system. The 3B's overflow area was never constructed to U.S. Army Corps of
Engineers standards and is damaged by head cuts in every major flood event. These head
cuts allow Sacramento River flows to enter and surcharge the Butte Basin when the River
is below Warning Stage damaging roads, crops and infrastructure. Closing two major
east west routes, Ord Ferry Road and State Highway 162, for period of 6 weeks in 1995.
This facility needs to be constructed to U.S. Army Corps of Engineers standards for a
flood relief structure, the same as M&T and Goose Lake.
We believe that the time has now come for the State to take action. We are writing to
make sure that the Department and the Reclamation Board understand how important and
critical these issues are, to our region and the overall function of the Butte Basin.
If we can be of any help to you, please let us know.
Janepolan, Chair
Butte ounty Board of Supervisors
cc: Assemblyman La Malfa
Les Heringer, M&T Ranch, 3964 River Road, Chico, CA 95925
STATE OF CALIFORNIA -THE RESOURCES AGF
DEPARTMENT OF WATER RESOURCES
DIVISION OF FLOOD -MANAGEMENT
3310 EL CAMINO AVENUE, SUITE 110
P.O. BOX 219000
SACRAMENTO, CA 95821-9000
(916) 574-1302
DUN .15
Mr. Brendon Flynn, President
Sacramento Valley Landowners Association
Post Office Box 3014
Sacramento, California 95812
Dear Mr. Flynn:
ARNOLD SCHWARZENEGGER, Govemor
This is in response to your letter, dated May 18, 2007 addressed to both the Department of
Water Resources and the State Reclamation Board, concerning erosion of the bank
between the Phelan Levee and the Sacramento River at River Mile (RM) 192.5 L. This
bank erosion site is along a private levee protecting the M&T Ranch located along the'
Sacramento River below Chico Landing.
In a May 24,%2007 response letter (copy enclosed) to Mr. Lester Heringer's request for bank
repairs in this reach, Mr. Leslie F. Harder Jr., Deputy Director, of the Department of Water
Resources (DWR) relayed the U.S. Army Corps of Engineers (Corps) assessment of bank
erosion at this location. The Corps has concluded that bank protection in this reach has
minimal impact on the functioning of the flow splits between the Sacramento River and the
Butte Basin. As a consequence, bank protection of non-federal levees under the
Sacramento River Bank Protection Project (SRBPP) ceased because the Corps no longer
considered bank protection in this reach of the river to be in the federal interest.
DWR's staff has visited the site at RM 192.5 L on May 9, 2007 accompanied by the
Sacramento River Conservation Area Forum, Butte and Glenn County staff, and M&T
Ranch representatives. DWR staff will investigate the matter further to help decide on
the site criticality and re-evaluate earlier conclusions that this erosion site no longer falls
within the authority of the SRBPP. Also, DWR is consulting with specialists who have a.
detailed knowledge of the area. Outcome of these investigations will be provided to
Mr. Heringer, your Association, and the Glenn County Board of Supervisors (in
response to Glenn County's May 15, 2007 request for repairs to this site).
If you have any questions or need additional information, please call me, at
(916) 574-0385, or you may contact Tirath Pal Sandhu, Chief of DWR's Levee Repair
Branch at .(916) 574-2639.
Sincerely,
Rod Mayer, Chief
Division of Flood Management
STATE OF CALIFORNIA -THE RESOURCES AGENC' ARNOLD SCHWARZENEGGER, Governor
DEPARTMENT OF WATER RESOURCES
1416 NINTH STREET, P.O. BOX 942836
SACRAMENTO, CA 94236-0001 "
(916) 653-5791
MAY 2 4 7A01
Mr. Lester Heringer
M&T Chico Ranch
3964 Chico River Road
Chico, California 95928
Dear Mr. Heringer:
This is in response to your letter dated March 8, 2007, concerning erosion of non-federal
levees protecting the M&T Chico Ranch located along the Sacramento River below Chico
Landing.
understand that the major flood control features within this reach consist of three overflow
areas which shunt- large flood flows over the east bank and ultimately into the Butte Sink.
The functioning of these natural overflows was considered in the original design of the
downstream levee system.
.During the 1980's, the Sacramento River Bank Protection Project (SRBPP) provided bank
protection to non-federal levees in this reach of the river, limiting work to that necessary to
maintain'the channel hydraulics in designated areas, thus ensuring.the continuance of the
natural overflows. However, a series of hydraulic modeling efforts by the U.S. Army Corps
of Engineers (Corps) demonstrated that bank protection in this reach had minimal impact
on the functioning of the flow splits. Bank protection of non-federal levees under the
SRBPP ceased because the Corps no longer considered bank protection in this reach to be
in the federal interest.
Specifically, the Corps modeling effort found that the channel migration between River
Mile 192.5 (RM) and RM 190 would result in only'a very limited potential for the Sacramento
River to migrate a significant distance into the Butte Basin near the M&T Flood Relief
Structure. Any migration would result in the development of a channel bend that would be
limited by resistant floodplain materials. They concluded that there was an extremely low
probability that the Sacramento River would make a sudden major change inflow direction
into the Butte Basin.
In response to your request, the Department of Water Resources' (DWR) staff have
already visited the RM 192.5 site on May 9, 2007 accompanied by the Sacramento
River Area Conservation Forum, Butte and Glen County and M&T Ranch
representatives. DWR will investigate the matter further to help decide on the site
criticality and confirm earlier opinions that this no longer falls within the authority of the
SRBPP. Also, DWR will consult with specialists who have a detailed knowledge of the
area.
Mr. Heringer
MAY 2 4 2007
Page 2 4
If you have any questions or need additional information, you may contact me at
(916) 683-9502, or you may contact Tirath Pal Sandhu, Chief of DWR's Levee Repair
Branch at (916) 574-2639 or tsandhu(a)water.ca.gov.
Sincerely,
Leslie F. Harder, Jr.
Deputy Director
bcc: Rodney G. Mayer
'Mike Inamine
Tirath Pal Sandhu