Some Documents from Erwin Hayer for reference purposes. Erwin suffered a computer crash which lost many documents he had stored. The compilation below includes documents scanned in from "hard copies".

For Rio Linda Net Information

(Document scanned for me due to computer crash, then corrected for e-mail.  I have the original.  Erwin Hayer)

(This document was given to the clerk of the SAFCA Board of Directors at the their meeting after the publication of the FSEIR dated August 1998.  I did not date this and have not yet found the date.)
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SAFCA Board of Directors.

Rebuttal to Response to Comment 2-1 and 2-62.
I did not want to waste paper and time to research all the erroneous and false information in the 1993 EIR and 1997 SEIR.  Some of the erroneous and false information has already been brought before the SAFCA Board of Directors and SAFCA Staff.  It was ignored.

Now I intend to bring forward some of the erroneous and false information in the DSIER and FSEIR

Rebuttal to Response to Comment 2-2.
SAFCA Topographic Survey Map, Project 6SAF0206, page 6, produced by PSOMAS and Associates lists the elevation at the north end of the Magpie Creek Bridge on Dry Creek Road as 43.6 feet.  The floodwater in 1995 was running across Dry Creek Road from east to west about 50 feet north of the bridge, or about 43.5 feet.  Common Issue # 3 states 100-year Water Surface Elevation as 42.0 and 200-year as 42.5 at Dry Creek Road and Magpie Creek. The floodwater has already exceeded the 100-year by 1.5 feet and 200-year by 1.0 feet.  This had been reported to Jack Buckly prior to the DSEIR.

There is no mention of any response to this problem in the final SEIR.

Rebuttal to Response to Comment 2-23.
No affected property owners were given a written notice of any hearings prior to the State Reclamation Board meeting on September 19, 1997.  My mother owns 11 parcels of property in the area, which are affected by the Robla Creek South Levee, and my Sister in law has 2 parcels.  Neither had received any notification of any meetings or hearings on the proposed levees.  The only written notification prior to September 1997 was a notice in the paper which was not seen by any of the Hayer families. Paul Devereux told me that was all SAFCA was required to do.

A public hearing was held on May 19, 1997 at Rio Linda High School.  The meeting was opened at 7:30 PM and closed at 7:30 PM because no one showed up.  This was 3 days after a girl was murdered at the same school. Chris Quackenbush called me on August 26, 1997 and asked me if I could attend a meeting of SAFCA the next day, which was on a levee that would harm parts of Rio Linda.

The statement in the FSEIR "In addition to oral comments, all affected community members were given an opportunity to submit written comments to the SAFCA Board." Is not only false, but a Lie.

Rebuttal to Response to Comment 2-43.
When I received a copy of the flood insurance for the structures at 900 G Street, it was for only one structure. I called SAFCA and asked about the other structures. The answer was, What other structures. I informed SAFCA that a total of 8 structures were at 900 G Street. SAFCA had the insurance broker meet me on site to take pictures. I told him not to worry about or insure the Sign-In Booth of the Capitol Quarter Midget Association or the Shed on skids south of the Speedway.

On January 21, 1998, when SAFCA Staff said they would self insure until the policies were in effect.  I asked for that in writing then and many subsequent times since and have never received a document that so stated.

Rebuttal to Response to Comment 2-55.
During a meeting with SAFCA Staff and some of their consultants, I asked why not put a floodwall between the Roy Hayer Memorial Speedway and the creek to prevent moving the judges/Concession Stand and the Bleachers.  The answer was, It would be too expensive to build and the Board of Directors would not approve a floodwall.  So far, I have not seen a drawing or statements of construction of a floodwall between the Roy Hayer Memorial Speedway and the creek.  This response to comment 2-55 is the first time I have seen a floodwall mentioned in any EIR.

Rebuttal to Response to Comment 2-58.
The Claire Avenue South Robla Creek Levee alignment had never been discussed in any of the Working Group Meetings until July 27, 1998, which was after any responses could be submitted.

The statement, "Another proposed alternative included the realignment of the Robla Creek south levee in the vicinity of Rio Linda Boulevard to a more southerly direction removing the existing levee from Claire Avenue to the Sacramento Northern Bike trail and raising the existing levee to the east of the Bike Trail.  This alternative involved raising the existing levee north of Claire Avenue and constructing a new levee extending east to east to Rio Linda Boulevard and north along the Sacramento Northern Bike Trail to the Robla Creek south Levee."  Was in the Draft SEIR.

This statement in the DSEIR is totally false and SAFCA Staff is saying in the FSEIR that it was discussed at the June 27, 1998.  No meeting was held on that date.

I have asked Argonaut Consulting for a copy of the minutes that show a discussion of the Claire Avenue Levee alignment prior to my letter of June 17, 1998 and they have not been able to supply me with a copy.

NEW
Nothing is mentioned about the Chinese Mitten Crabs and the damage they will do to the levees.

(signed)

Erwin E. Hayer

Rio Linda Net
I hope the information that I am sending to you is not boring.
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(Document scanned for me due to my computer crash, then corrected by me for e-mail.  I have the original.  Erwin Hayer) (This document was for my verbal presentation at the September 19. 1997 Reclamation Board Meeting.  I gave a copy of this to the clerk, including Exhibits, and I was unable to complete this presentation in the 3 minutes allowed.) (The Exhibits are all maps showing the areas described.)
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Dry/Robla/Magpie Creeks South Levee, September 18, 1997

To: The Reclamation Board of the State of California.

Application No. 16033 BD

TO SET THE STAGE, WE HAVE A COMPLEX WATERWAY. (See Exhibit # 1)
The watershed that directly affects the flood levels in Rio Linda is bounded on the:

West by the Natomas Past Drainage Levee/Canal.
North by a line roughly from Pleasant Grove to Newcastle.
East by a line from Newcastle to Granite Bay to Orangevale.
South by a line roughly from Orangevale to Fair Oaks to Carmichael to South Natomas.
Total Area = about 270 square miles or 172,800 Acres.
Arcade Creek drains the southern part all the way up stream to Orangevale.

Robla Creek drains most of the property from Ascot Ave., on the south, including the north end of McClellan AFB, to "Q" Street on the north, and from Dry Creek Road on the west to the railroad east of North Highlands and some of the area north of North Highlands.  North Highlands has a drainage fee and Robla Creek gets cleaned on a regular basis.  This causes the water to rise fast at Dry Creek Road and Robla Creek which is not listed on the Dry Creek Model Water Levels Chart which I received on September 12. Floodwaters on Robla Creek are listed at Rio Linda Blvd. as 40.1 feet and at the Bike trail as 41.6 feet during a 100-year event with all creeks high at the same time.  If the levee were 40.1 feet at Rio Linda Blvd. and 41.6 feet at the bike trail, North Sacramento area would have 100-year flood protection with no freeboard.

Magpie Creek drains McClellan AFB and some areas directly east of McClellan AFB.  All this water used to go directly to the area that the south levee project is trying to protect.  The elevation in this area runs from 20 feet to 40 feet MSL. (See Exhibit # 2)

Sometime in the 1950s, water from Magpie Creek was diverted north to Linda Creek that is now called Robla Creek.  When this happened, the property directly east of the Sacramento Northern Railroad, now a Bike Trail and north of an extension of Ascot Ave began flooding.  The lowest point on the flat ground is 36.2 feet MSL.  The Rio Linda Airport was in use at its present location at that time and the south end of the runway would go under water.  The runway was raised 6 feet to about 42.2 feet MSL to prevent flooding'.  (See Exhibit # 3)

Natomas East Main Drainage Canal receives all the flood water from all the above listed streams/creeks plus Curry Creek, Pleasant Grove Creek and any others which flow from east to west which are north of Rio Linda and south of Pleasant Grove.  Also Reclamation District 1000 pumps winter rainwater from west side of the East Levee to the east side to prevent flooding of farm land in North and South Natomas.  I believe this includes all the rain to the north cross canal.

CUMULATIVE EFFECTS EQUAL RISING FLOODWATERS.
When winter storms are passing through this area, one after another with about 24 hours between, which occurs quite often, the water rise to flood stage use to be about 24 to 36 hours. Now the water has risen to flood stages in less than 8 hours.  What I blame that on is all the new roofs, streets and storm drains which have been constructed within the last 10 years or so up stream of Rio Linda with no improvements in flood water protection down stream of Roseville.  This causes the fast rise to flood stage, then the rain runoff from above Roseville arrives in Rio Linda about 24 Hours later when the next storm is dropping water on Dry Creek below Roseville, Robla Creek, and Magpie Creek.  This causes extremely high flood stages, which seem to be rising each year as development continues on all of the streams/creeks upstream of Rio Linda.

There have been times that the Sacramento and American Rivers were at flood stage and caused the water to pond all the way upstream to the lower end of the Rio Linda Airport.  If this levee goes in as planned by SAFCA, Rio Linda will have the potential for massive new flooding.  I do not believe Sacramento City, Sacramento County or the Sacramento Flood Control Agency could survive the lawsuits that would result from this massive new flooding.

Water Levels have already exceeded the predicted levels of the Dry Creek Model Water Levels Chart for 100 and 200-year floods.  Dry Creek South Branch at Elkhorn Blvd. is listed at 49.1 feet for 200 year and it has been to 49.6 feet or 0.5 feet higher.  "E" Street at Rio Linda Airport is listed at 43.2 feet and it has been at 43.3 feet or 0.1 foot higher.

EMERGENCIES AND MEDICAL ASSISTANCE DURING FLOODING
     When the water starts to rise, nobody knows when it will stop rising, and many families have been stranded in their homes because of roads which were flooded and they had no Escape Routes.  Many persons could not get home from their jobs because of flooded roads.  I had been called to state active duty during the 1995 floods with the Air National Guard and stationed at the Watt Ave. Sheriff's Center.  I went out on many welfare calls to check on persons and families because someone could not get hold of them on the telephone and asked the sheriff to check on them.  Some times I traveled through water over 4 feet deep to get to the address.  Medical Emergencies would be unknown if the phones were out, most likely, and the roads flooded.

WHERE ARE THE IMPROVEMENTS FOR FLOOD PROTECTION
I have not seen any improvements or flood protection constructed in Magpie, Robla/Linda or Dry Creek south channels through Rio Linda in the 57 years that I have resided here.  The North Channel of Dry Creeks which is dry during the summer to below the bridge at Dry Creek Road, was cleaned out once that I know of, but no cleaning took place below Curved Bridge Road Bridge.

PROBLEMS CREATED WHEN LEVEES ARE BUILT AND STREAMS RELOCATED.
When Magpie Creek was diverted north to Robla Creek and the levees on the east side of the Natomas East Drainage Canal and the levee to Claire Ave were constructed in the 1950s, there were very few buildings south of Robla Creek and west of the Sacramento Northern Railroad which is now a bike trail.  (See Exhibit # 2)

Some time in the late 50s or early 60s, the City of Sacramento, which is south of Rio Linda, annexed all the area south of "A" street and renamed "A" Street Ascot Ave. Then development started in the old Magpie Creek flood way with some elevations less than 20 feet MSL.  (See Exhibit # 3)

Today, the old Magpie Creek flood way is almost solid homes and commercial businesses.  A government agency, SAFCA, said they must raise the levees to give these homes and commercial businesses more protection from flooding at the expense of homes and commercial businesses up stream that were built above flood ways many years before the old Magpie Creek flood way construction started.

The same process is going on in North and South Natomas right now and that's why SAFCA said the levees need to be raised in the first place.

The only people who are gaining from this process are the developers. When they are finished they take their money, run, leaving the people to worry about levees failing and start pushing for levees some place else.WHEN WILL IT STOP!!!

CONCLUSION
At the present time the raising of the south Robla levee to any point could spell disaster for up stream property owners in the Rio Linda area.

More Rio Linda, Elverta and Roseville areas are being flooded more often and deeper because of the upstream developments.  All upstream development on all of the streams and creeks mentioned above needs to be stopped until some form of flood protection can be implemented for Rio Linda, Elverta and Roseville areas.

Please do not approve this levee.

Thank You for Listening.

(signed)

Erwin E. Hayer
950 "G" Street
Rio Linda, CA 95673-4315
916-991-5940
Resident of Rio Linda since 1940

Rl Net
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(Document scanned for me due to my computer crash, then corrected by me for e-mail.  I have the original.  Erwin Hayer)
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ERWIN E. HAYER
950 "G" STREET
RIO LINDA, CA 95673-4315
916-991-5940

November 12, 1997

Mr. Peter D. Rabbon
General Manager
The Reclamation Board
1416 9th Street, Room 1601
Sacramento CA 95814-5509
 

Dear Mr. Rabbon

SUBJECT:  PERMIT NO. 16033-A-BD, TO CONSTRUCT THE NATOMAS EAST MAIN DRAINAGE CANAL WEST LEVEE AND ROBLA CREEK SOUTH LEVEE STAGE 2 IMPROVEMENTS.

1.  Special condition FORTY-SIX states:

"The permittee will compensate owners of properly on which no structures are located for the loss or diminution of use of their property due to increased flooding caused by the project "

2.  The following parcels have no structures and will have increased flooding caused by the project and the owners have not been contacted or compensated for the loss or diminution of their property as of November 12, 1997:

APN 214-0130-019   Increased Flooding
APN 214-0140-024   NEW Flooding
APN 214-0160-052   NEW Flooding
APN 214-0160-061   NEW Flooding
APN 214-0160-066   Increased Flooding
APN 214-0160-067   Increased Flooding
APN 214-0160-085   Increased Flooding
APN 214-0160-086   Increased Flooding
APN 214-0160-087   Increased Flooding

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

5.  Special Condition FIFTY-ONE, last sentence states:
"Should the permittee raise the height of the left bank levee of Robla Creek higher than described above without concurrently completing the structural mitigation or other project which fully mitigates for the impacts of the permittee's project, then the Board shall consider commencing proceedings to revoke Permit No 16033-A BD."

6.  Request the last sentence of Special Condition FIFTY-ONE be implemented by The Reclamation Board and Permit No. 16033-A-BD be revoked.

7.  Request a copy of this document be sent to the following persons:

Mr. Frank Dal Gallo, President, Reclamation Board
Ms. Barbara LeVake, Vice President
Mr. Michael Stearns, Member
Mr. Dan Silva, Member
Ms. Frances Mizuno, Member
Mr. Wood Yerxa, Member
Ms. Brenda Jahns, Member
Mr. David Kennedy, Director
Mr. Ray Hart, Deputy Director

(signed)

Erwin E. Hayer