Sacramento Area Flood Control Agency
926 J Street, Suite 424
Sacramento, California 95814

To construct the Natomas East Main Drainage Canal West Levee and Robla Creek South Levee Stage 2 Improvements:  raise 2,900 feet of the NEMDC right bank levee at the mouth of Dry/Robla Creeks; raise the existing levee and construct a new levee along the left bank of Robla Creek from the NEMDC to Magpie Creek Diversion;  raise the left bank levee of Magpie Creek Diversion between Robla Creek and Dry Creek Road;  relocate the landside drainage ditch along the Dry Creek right bank levee;  and install and/or modify related appurtenant structures. Section 33, T10N, R5E;  and Sections 4, 5, and 6, T9N, R5E, M.D.B.&M, (American River Flood Control District and Reclamation District No. 1000), Dry Creek, Sacramento County.

NOTE: Special Conditions have been incorporated herein which may place limitations on and/or require modification of your proposed project described above.

The Reclamation Board, on the 19th day of  September, 1997, approved this application and the plans attached thereto. Permission is granted to proceed with the work described in this application, which is incorporated herein by reference, subject to the following General and Special Conditions.

(SEAL)
 

Dated:                    SEP 30 1997           /s/ Peter D Rabbon
                                                                  General Manager

GENERAL CONDITIONS:

ONE: This permit is issued under the provisions of Sections 8700 - 8723 of the Water Code.

TWO: Only work described in the subject application is authorized hereby.

THREE: This permit does not grant a right to use or construct works on land owned by the Sacramento and San Joaquin Drainage District or on any other land.

FOUR: The approved work shall be accomplished under the direction and supervision of the State Department of Water Resources, and the permittee shall conform to all requirements of the Department and The Reclamation Board.

FIVE: Unless the work herein contemplated shall have been commenced within one year after issuance of this permit, the Hoard reserves the right to change any conditions in this permit as may be consistent with current flood control standards and policies of The Reclamation Board.

SIX: This permit shall remain in effect until revoked. I n the event any conditions in this permit are not complied with, it maybe revoked on 15 days notice.

SEVEN: It is understood and agreed to by the permittee that the start of any work under this permit shall constitute an acceptance of the conditions in this permit and an agreement to perform work in accordance therewith.

EIGHT: This permit does not establish any precedent with respect to any other application received by The Reclamation Board.

NINE: The permittee shall, when required by law, secure the written order or consent from all other public agencies having jurisdiction.

TEN: The permittee is responsible for all personal liability and property damage which may arise out of failure on the permittee's part to perform the obligations under this permit. If any claim of liability in made against the State of California, or any department thereof, the United States of America, a local district or other maintaining agencies and the officers, agents or employees thereof,  the permittee shall defend and shall hold each of them harmless from each claim.

ELEVEN: The permittee shall exercise reasonable care to operate and maintain any work authorized herein to preclude injury to or damage to any works necessary to any plan of flood control adopted by the Board or the Legislature, or interfere with the successful execution, functioning or operation of any plan of flood control adopted by the Board or the Legislature.

TWELVE: Should any of the work not conform to the conditions of this permit, the permittee, upon order of The Reclamation Board, shall in the manner prescribed by the Board be responsible for the cost and expense to remove, alter, relocate or reconstruct all or any part of the work herein approved.

SPECIAL CONDITIONS:

THIRTEEN: All work shall be in accordance with the plans and specifications submitted on July 10, 1997 for the Dry/Robla Creek levee project approved by the SAFCA Board of Directors on March 26, 1997 except as modified by special permit conditions. No further work, other than that covered by this permit, shall be done in the area without the prior approval of the Reclamation Board.

FOURTEEN: Prior to completion of construction, the property owner shall provide to the Reclamation Board a permanent easement granting to the Sacramento and San Joaquin Drainage District, acting by and through the Reclamation Board of the State of California, the flood control rights stated in the attached form of deed over that portion of the existing or to-be-constructed levee (including the areas parallel to and extending 10 feet from the waterward and landward levee toes) which is not presently encumbered by a Reclamation Board easement. Contact Juan Mercado at (916) 653-5620.

FIFTEEN: The 10-foot easement from the levee toes shall be cleared of trees and brush and maintained as such. Mature oak trees may be allowed to remain,

SIXTEEN: The permittee shall notify the Department of Water Resources by telephone, (916) 445-6386, at least ten working days prior to start of work.

SEVENTEEN: Cleared trees and brush shall be burned or removed from the project floodway, and downed trees or brush shall not remain in the floodway during the flood season from November 1 to April 15.

EIGHTEEN: No construction work shall be performed on the project levee, channel, or access roads during the flood season from November 1 to April 15 without prior approval from the Reclamation Board.

NINETEEN: No excavation shall be made or remain in the levee section and no temporary fill shall remain in the channels during the flood season from November 1 to April 15 without prior approval from the Reclamation Board.

TWENTY: The foundation stripping for the new levee shall be at least 6 inches deep, unless otherwise approved on site by an authorized representative of the Reclamation Board.

TWENTY-ONE:  All fill material shall be imported impervious material with 20 percent or more passing the No. 200 sieve, a plasticity index of 8 or more, and a liquid limit of less than 50, and free of lumps or stones exceeding 3 inches in greatest dimension, vegetable matter, or other unsatisfactory material and shall be compacted in 4- to 6-inch layers to a minimum of 90 percent relative compaction as measured by ASTM method D-1557.

TWENTY-TWO: Prior to construction or enlargement of the embankment, all surface vegetation shall be removed from the area to receive fill to a depth of 6 inches. Organic soil and roots greater than 1-1/2 inches in diameter shall be removed from the area to receive fill to a depth of 3 feet.

TWENTY-THREE: Fill on the levee slope shall be keyed into the existing levee section with each lift.

TWENTY-FOUR: The coarser and lower plasticity borrow materials shall be directed to the levee center fill. The finer and higher plasticity borrow materials shall be directed away from the levee center.

TWENTY-FIVE: A minimum clearance of 21 feet for communications cables and 25 feet for power cables over 750 volts shall be provided between the levee crown and the overhead cables.

TWENTY-SIX: The overall slope of the new levee shall be 3 horizontal to 1 vertical or flatter on the waterside and 2 horizontal to 1 vertical or flatter on the landside.

TWENTY-SEVEN: Imported material shall be used when developing the ramps, and no cuts shall remain in the levee section upon completion.

TWENTY-EIGHT: There shall be no borrow activities within 100 feet waterward of the waterside toe of the project levee.

TWENTY-NINE: All new gates across the levee crown shall have a minimum opening width of 14 feet.

THIRTY: All abandoned pipes within the levee section shall be removed or completely pressure-filled with grout in accordance with Reclamation Board standards.

THIRTY-ONE: The existing pipelines that cross the levee shall be analyzed to determine what modifications are needed to meet the criteria presented in Section I, Chapter 8 of EM 1110-2-1913:  Design and Construction of Levees.  This analysis shall be presented to the Corps of Engineers and the Reclamation Board for review and shall be subject to the Board's approval.  Any required modifications to the pipelines shall be completed in accordance with a schedule mutually agreed to by the Corps and the Board.

THIRTY-TWO: The concrete culverts shall be precast reinforced pipe meeting ASTM specification C76-90 with reinforced concrete encasement at all joints within the levee and 10 feet landward and waterward of the levee toes. Seepage along the culverts shall be prevented by encasing the culverts up to the spring line in reinforced concrete cast against undisturbed earth or fill.

THIRTY-THREE: All pipes to be installed longitudinally shall be a minimum of 10 feet landward from the landside levee toe.

THIRTY-FOUR: All new pipes shall be installed through the levee section at a right angle to the centerline of the levee.

THIRTY-FIVE: All new pipes shall be placed in the center of an open trench 2 feet wider than the diameter of the pipes.

THIRTY-SIX: All new pipes shall be buried at least 12 inches below the levee slopes and 24 inches below the levee crown.

THIRTY-SEVEN: A minimum spacing of 12 inches shall be provided between all new pipes within the levee section.

THIRTY-EIGHT: All relocated irrigation and drainage ditches, swales, and cut-back channel banks shall be maintained to the lines and grades shown in the approved plans. Any erosion that occurs within 10 feet of the levee toes shall be repaired as soon as practicable and prior to the next flood season.

THIRTY-NINE: Steel pipe installed in the levee section and within 10 feet of the levee toes shall be new steel, at least No. 10 gauge for 12-inch or smaller, No. 7 gauge for up to 30-inch, and No. 3 gauge for 30-inch or larger, asphalt coated and wrapped with asphalt-saturated felt outside and asphalt coated inside. An equivalent substitution may be permitted for corrosion protection,

FORTY: Steel pipe joints within the levee section shall be butt welded.

FORTY-ONE: Any valve on the levee section or within 10 feet of the levee toe shall be removed or isolated in a waterproof box approved by the Board.

FORTY-TWO: The permittee shall assume all responsibility for the protection, relocation, or removal of pipes if required by the Reclamation Board.

FORTY-THREE: All pipelines, fences, utility lines, and walls parallel with the levee shall be located at least 10 feet from the levee toe.

FORTY-FOUR: The permittee shall maintain the project works within the utilized area in the manner required and as requested by the authorized representative of Reclamation District No. 1000, the American River Flood Control District, or any other agency responsible for maintenance.

FORTY-FIVE: When the construction of new federal project features, including new levees and alterations to the existing federal levees, is completed, the permittee shall dedicate to the Board all necessary easements including a standard levee easement for that portion of each levee and the areas within 10 feet of each toe not already encumbered by a Reclamation Board levee easement.

FORTY-SIX: The permittee will compensate owners of property on which no structures are located for the loss or diminution of use of their property due to increased flooding caused by the project,

FORTY-SEVEN: The permittee must mitigate the hydraulic impacts of the proposed project so that project-induced increases in water surface elevation within the Dry Creek and Robla/Magpie Creek watersheds do not result in an increase in expected annual flood damages or a decrease in the level of flood protection for homes and structures located in the affected watershed.

FORTY-EIGHT: The permittee shall operate and maintain the facilities.

FORTY-NINE: Board staff shall review and approve the hydraulic mitigation plans prior to construction of hydraulic mitigation features. , The Board staff shrill provide notice to affected property owners, as submitted by the permittee describing the proposed plans; and if there are protests, the Board shall review the plans.

FIFTY: The permittee shall perform environmental review of the structural mitigation, including a complete review of the potential for such mitigation to result in adverse hydraulic impacts to other property owners in the Rio Linda area and an identification of the measures necessary to eliminate these impacts. The permittee shall include representatives of the affected property owners in the scoping of the environmental review and in the process of completing this review. .

FIFTY-ONE: The permittee shall complete all structural mitigation measures concurrent with construction of the Stage 2 improvements. If structural mitigation cannot be completed concurrently, until a mitigation project is completed, the permittee shall modify the left bank levee elevations of Robla Creek to elevations not to exceed the following:

 a.  From the easterly end of the project to the Sacramento Northern Bike Trail, the existing levee elevation shall be maintained (except that in no case shall the levee be lower than 42.0 feet.)

b. From the Sacramento Northern Bike Trail to Rio Linda Boulevard, the levee shall be constructed to an elevation of 42.0 feet.

c. From Rio Linda Boulevard to 1,500 feet west of Rio Linda Boulevard as measured along the proposed levee alignment, the levee will be built to an elevation of 44.4 feet.

d. From 1,500 feet west of Rio Linda Boulevard to where the proposed levee joins the existing Robla Creek south levee the elevation shall be 42.0 feet.

e. From this point to the Natomas East Main Drainage Canal east levee, no changes will be made to the existing levee configuration.

FIFTY-TWO: The permittee shall adopt a reporting and monitoring program wherein, in the event peak flows In Dry Creek at the Vernon Street gauge in Roseville equal or exceed 13,000 cfs in any year, or flows in Robla/Magpie Creek at or near the Sacramento Northern Bike Trail generate a peak stage of 40 feet NGV Datum or higher, the permittee shall engage an outside consultant to monitor the effects of the permittee's project on Bell Acqua and Rio Linda property owners and shall as quickly as possible, but no more than six months following the recorded event, make a formal written report to the Sacramento Area Flood Control Agency Board and The Reclamation Board as to (i) whether the mitigation measures adopted by the permittee and The Reclamation Board have fully mitigated the hydraulic impacts of the permittee's project and (ii) what additional mitigation measures are required if project impacts are greater than identified in the Final Supplemental EIR for the Stage 2 Improvements. The permittee shall implement the required mitigation measures in a manner which maintains, to the extent feasible, certified 100-year Federal Emergency Management Agency protection for the impacted properties.  The Board staff shall review and approve the report,

FIFTY-THREE: If structural mitigation is not completed by November 1, 1997, the permittee shall purchase and maintain flood insurance and pay all deductibles until the structural mitigation is completed. The flood insurance coverage shall apply to all structures (including contents) in the Lower Dry Creek Watershed determined to be impacted by the Stage 2 levee improvements up to the 500-year flood event. The permittee will use best efforts for flood fighting and communicating with property owners in potentially affected areas.

FIFTY-FOUR: Flood insurance limits shall be $250,000 per structure and $60,000 for contents. Insurance limits for the Dry Creek Apartments and the Rio Linda Airport shall be set at the maximum value (structures and contents) obtainable within the National Flood Insurance Program for commercial structures, not to exceed full replacement cost. The insurance policy provisions shall provide for payment to the covered properly owners in the event their properties suffer flood damage. Payment of Insurance proceeds shall not be conditioned on a determination of whether the damage results from the permittee's project. During the time period the permittee purchased flood insurance is in effect, the permittee shall provide interim housing and reasonable living expenses for property owners whose homes are damaged by flood waters which would not have been damaged in the absence of the permittee's project, to the extent such expenses are not readily covered by flood insurance.

FIFTY-FIVE: The permittee shall comply with all applicable requirements of the National Flood Insurance Program as administered by the Federal Emergency Management Agency.