San Mateo County Grand Jury
• 2011-2012
The Annual Flooding of Pescadero Creek Road Issue | Background | Findings | Conclusions | Recommendations | Responses |
⚠️ Translation Notice: This content has been automatically translated. The original English text is the official version. Translation may contain errors.
⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
Findings and Recommendations 12 findings
F1
The Butano Creek overflows its banks and floods Pescadero Creek Road and surrounding farmland each year during periods of rains.
No recommendations for this finding
F2
The flooding of Pescadero Creek Road at Butano Creek Bridge creates a dangerous setting and, when impassable, delays public safety access and virtually isolates a Pescadero community of approximately 650 people.
No recommendations for this finding
F3
Silt accumulation, vegetation overgrowth, and debris have reduced flow capacity of Butano Creek and increased road flooding risk.
Related Recommendations (2)
R1
The Grand Jury recommends that the Board of Supervisors:
Immediately direct the County Department of Public Works to remove excess silt and clear vegetation overgrowth and debris from as much of the Butano Creek as necessary to eliminate the road flooding. The work should be completed as soon as possible, and in all circumstances before October 1, 2012, the start of the 2012-13 rainy season. The intended result of this work is to prevent flooding of Butano Creek onto and around Pescadero Creek Road and farmlands.
R4
The Grand Jury recommends that the Board of Supervisors:
Direct the San Mateo County Department of Public Works to periodically clean new silt, vegetation overgrowth, and debris from Butano Creek as needed to maintain flows and eliminate the recurrence of Pescadero Creek Road flooding. Attachment A: Silt-up Profiles of Butano Creek Bridge This image shows the profile of the Butano Creek streambed below the Pescadero Creek Road Bridge. Early surveys show the streambed some 12 feet below the bottom of the bridge. Today, the bridge clears the silted and debris-filled creek bottom by only 2 feet. Attachment B: San Mateo County Public Works Permitting Flowchart This flowchart, prepared by the San Mateo County Department of Public Works, illustrates the path and sequence for obtaining permit approval for relatively straightforward projects. It does not show the additional entities that, as a matter of course, provide technical input and guidance to the indicated permitters. Attachment C: NOAA / Fisheries Letter This letter from Mr. Butler of NOAA/Marine Fisheries, dated November 24, 2010, summarizes the silt-up of the Butano Creek streambed and its association with the annual Pescadero Road flooding. It acknowledges the potential interim benefits of dredging. It urges the County to coordinate with stakeholders to investigate solutions and provides guidance and offers support in overcoming permitting issues. (highlights supplied). 10
F4
Butano Creek has not been thoroughly cleared of accumulated silt, vegetation overgrowth, or debris for decades. 5
Related Recommendations (2)
R1
The Grand Jury recommends that the Board of Supervisors:
Immediately direct the County Department of Public Works to remove excess silt and clear vegetation overgrowth and debris from as much of the Butano Creek as necessary to eliminate the road flooding. The work should be completed as soon as possible, and in all circumstances before October 1, 2012, the start of the 2012-13 rainy season. The intended result of this work is to prevent flooding of Butano Creek onto and around Pescadero Creek Road and farmlands.
R4
The Grand Jury recommends that the Board of Supervisors:
Direct the San Mateo County Department of Public Works to periodically clean new silt, vegetation overgrowth, and debris from Butano Creek as needed to maintain flows and eliminate the recurrence of Pescadero Creek Road flooding. Attachment A: Silt-up Profiles of Butano Creek Bridge This image shows the profile of the Butano Creek streambed below the Pescadero Creek Road Bridge. Early surveys show the streambed some 12 feet below the bottom of the bridge. Today, the bridge clears the silted and debris-filled creek bottom by only 2 feet. Attachment B: San Mateo County Public Works Permitting Flowchart This flowchart, prepared by the San Mateo County Department of Public Works, illustrates the path and sequence for obtaining permit approval for relatively straightforward projects. It does not show the additional entities that, as a matter of course, provide technical input and guidance to the indicated permitters. Attachment C: NOAA / Fisheries Letter This letter from Mr. Butler of NOAA/Marine Fisheries, dated November 24, 2010, summarizes the silt-up of the Butano Creek streambed and its association with the annual Pescadero Road flooding. It acknowledges the potential interim benefits of dredging. It urges the County to coordinate with stakeholders to investigate solutions and provides guidance and offers support in overcoming permitting issues. (highlights supplied). 10
F5
California State Parks and Recreation, beginning in 1993, made extensive modifications in the Marsh to re-establish a “natural ecological environment.” Some modifications have not been maintained (e.g., flood gates) and, according to several interviewees, are presently ineffective and have made road-flooding conditions worse.
No recommendations for this finding
F6
Solutions proposed to San Mateo County Public Works to correct the flooding include a raised roadway or a causeway, over-road pumping, dredging, and brush and debris clearance. The County has not adopted any of these suggestions.
No recommendations for this finding
F7
San Mateo County is responsible for maintaining Pescadero Creek Road and its 30-foot right of way and therefore for correcting the road-flooding situation.
No recommendations for this finding
F8
Multiple agencies, each with its own specific interests, might normally have to approve or advise on approval of permits to make changes that would resolve the flooding problem. Currently, any one agency could stop the process.
Related Recommendations (1)
R2
The Grand Jury recommends that the Board of Supervisors:
Review the NOAA (NMFS) Nov 24, 2010 letter (See, Attachment B), and consult with NOAA and the San Mateo County RCD on strategies for expediting permit approvals, if any are required, to accomplish the work described in Recommendation 1.
F9
Multiple sections of California and federal law, e.g. California Fish and Game Code §1601, CEQA, CA Gov't Code §21060.3, and Cal. Code of Regs. §15269(d), provide for emergency exceptions to the permitting restrictions that normally apply to stream bed changes and road repairs. These may be available to Public Works to expedite actions that would eliminate Pescadero Road flooding.
Related Recommendations (2)
R2
The Grand Jury recommends that the Board of Supervisors:
Review the NOAA (NMFS) Nov 24, 2010 letter (See, Attachment B), and consult with NOAA and the San Mateo County RCD on strategies for expediting permit approvals, if any are required, to accomplish the work described in Recommendation 1.
R3
The Grand Jury recommends that the Board of Supervisors:
If needed to accomplish Recommendation Number 1, use San Mateo County's authority under the various emergency provisions of California and/or federal law to take actions mitigating flooding to protect life or property.
F10
The Grand Jury is unaware that the County has ever applied for, or been denied, any permit(s) for actions that would address the road flooding.
No recommendations for this finding
F11
A November 24, 2010 letter from the NOAA’s National Marine Fisheries Service (NMFS) North Central Coast Office to California State Parks and San Mateo County Public Works expressed the view that the permits required to address the road flooding should not be a hindrance and that “NMFS stands ready to work with State Parks and the County toward the shared goal of resource protections while improving the safety of Pescadero Road.”
No recommendations for this finding
F12
The Resource Conservation District has funding to explore solutions to environmental quality issues in the Pescadero Marsh ecosystem and intends to address Pescadero Creek Road flooding as part of its efforts. Its time frame, however, does not address the immediate need. Conclusions The Grand Jury concludes:
No recommendations for this finding
Conclusions 7
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CL1 Page 7The Grand Jury believes that the County could invoke the “emergency repair” concept, take remedial action, and immediately end the Pescadero Creek Road flooding.
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CL2 Page 6The status quo of annual road flooding is unsafe and unacceptable. The annual flooding of the main road serving Pescadero seriously jeopardizes citizens' safety, and impedes commercial activity in the area.
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CL3 Page 6The diminishing capacity of the Butano Creek due to accumulated silt, vegetation 6 overgrowth, and debris increases the risk of flooding with lesser rainfall. This annual flooding is predictable and correctable.
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CL4 Page 7The Board of Supervisors and responsible County government entities are essentially nonresponsive, hampered by other priorities, jurisdictional disputes with various State and Federal agencies, permitting requirements, and insufficient political will to overcome these.
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CL5 Page 7The difficulty of obtaining approval of permits to address road flooding cannot be substantiated because, to the Grand Jury’s knowledge, none have ever been applied for, or denied.
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CL6 Page 7The estimated five years timing for any flood-control relief resulting from RCD’s efforts is unacceptable.
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CL7 Page 7Immediate solutions to road flooding must be implemented. The most promising include removal of excess silt and clearance of vegetation overgrowth and debris from as much of the Butano Creek as necessary to eliminate the annual road flooding.
No Responses Found 2
Government entities assigned to respond to this report. No response documents have been linked in our database.
County of San Mateo
Agency
San Mateo County Board of Supervisors
Elected County Office