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Extracted from Consolidated Report

This investigation was originally published as part of a larger consolidated report containing multiple investigations. View the consolidated PDF for the complete document.

Madera County Grand Jury • 2007-2008

Flood Control Maintenance, Money, and Accountability

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Findings 6 findings

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A. County responsibilities were to clear sloughs in District pursuant to Madera County Contract No. 156-C-63 dated November 5, 1963 between County and District (the"1963 Contract"), which provides for County's cIeaning of sloughs in the [District] for the purpose ofprotecting County roads, rights of way and easements." It also provided for District to reimburse the County for its costs of fuel and equipment operator compensation, but not "any other costs or expenditures." The 1963 Contract was superseded when the Reclamation Board acquired easements for levees, the Army Corps ofEngineers constructed flood protection levees and the Agency accepted responsibility for operation and maintenance ofthe local project (flood channels) when the Agency entered into the 1970 Agreement with the Reclamation Board. B. Agency's responsibilities are: a. to maintain and operate the channel ofthe Chowchilla River to the bifurcation of the Ash and Berenda Sloughs in a manner that restores and preserves the channel capacity as of 1959, in accordance with the Agreement between the Agency and The Reclamation Board ofthe State of California ("Board") dated April 7, 1970 ("1970 Agreement") b. to maintain and operate the local project (Ash and Berenda Slough flood channels and levees from the Bifurcation Structure to the East Side By Pass) of2 ~;f"Apr., I'r111ntv 42 or any unit thereof upon completion of the project, substantially in accordance with the Maintenance Manual of the U. S. Army Corps of Engineers for Chowchilla River: Ash and Berenda Sloughs Channel Improvement and Levee Construction ("Corps Manual") c. to provide local agency/interests assurances to the State of California, its Reclamation Board and the United States that will hold those government entities harmless from claims arising out ofthe project on the Chowchilla River and those sloughs, in accordance with the 1970 Agreement. d. to reimburse District for its maintenance ofthe bifurcation structure described in the Corps Manual per the Agreement between the Agency and District dated December 6, 1977 ("1977 Agreement"). C. District's responsibilities are: a. to accept title to, and operate, the bifurcation structure at the division of the Ash and Berenda Sloughs ("Sloughs") for flood control purposes in accordance with the Corps Manual, as set forth in the 1977 Agreement. b. to maintain that bifurcation structure, at the cost and expense of the Agency, in accordance with the 1977 Agreement. c. during flood periods, to patrol the banks of the levees along the Sloughs to detect breaks in those levees, and to the extent the District has personnel and equipment available, make emergency small repairs in those levees, all at the District's expense, in accordance with the 1977 Agreement. D. District's responsibilities do not include: a. long term maintenance, repair or replacement ofany portion of those levees, per the terms ofthe 1977 Agreement. b. any other obligation regarding the clearing, maintenance, repair or replacement of those levees or the slough channels. c. in spite ofDistrict's having made, on one or more occasions, a contribution of in-kind services to assist the Agency in its responsibility to maintain the sloughs, the District has no responsibility to make any similar contributions in the future.
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County, Agency and District may be willing to enter into an Agreement that clarifies these responsibilities and provides for the efficient and effective operation and maintenance of the Ash and Berenda Sloughs which results in flood protection for Madera County residents as was originally planned. of2 r,..fnnpr:l f'nllntv 43 STATE OF CALIFORNIA - THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, GOVERNOR CENTRAL VALLEY FLOOD PROTECTION BOARD 3310 EI Camino Ave., Rm. LL40 SACRAMENTO, CA 95821 (916) 574-0609 f=AX: (916) 574-0682 PERMITS: (916) 574-0653 FAX: (916) 574-0682 March 21,2008 Madera County Grand Jury P.O. Box 534 Madera, CA 93639 Re: Grand Jury Final Report, Flood Control Dear Members of the Grand Jury: The State of California, Central Valley Flood Protection Board (Board), successor to the Reclamation Board, has received the Madera County Grand Jury report entitled, "2007-2008 MADERA COUNTY GRAI\ID JURY FINAL REPORT, MAINTENANCE OF THE FLOOD CONTROL WATERWAYS AS AGREED TO IN 1977." The transmittal letter sent with the report requests a response from the Board "in accordance with California Penal Code Section 933.05(a) and (b)," and characterizes the Reclamation Board as one of the agencies from whom a response is due. The Central Valley Flood Protection Board respectfully disagrees that it is required to respond pursuant to Penal Code Section 933 or 933.05. Section 933 (a) provides that the grand jury shall submit a final report of its findings and recommendations "that pertain to county government matters." The final report may be submitted for comment to responsible officers, agencies, or departments, including the County Board of Supervisors, which in context means, the officers, agencies, or departments of the county. Section 933(c) provides that no later than 90 days after the grand jury submits a final report "on the operations of any public agency subject to its reviewing authority [emphasis added]," the governing body of the public agency shall comment on the findings and recommendations pertaining to matters under its control. The State of California, including the Central Valley Flood Protection Board, is not subject to the reviewing authority of the Madera County Grand Jury. (See 76 Ops.CaI.Atty.Gen.70 (1993) [grand jury is given oversight powers with respect to county, city, and district affairs, but State agencies are outside the scope of Penal Code sections 925, 928, and 933]). Since the Board is not subject to the reviewing authority of the Madera County Grand Jury, it is not required to respond to the findings and recommendations of the report. Nonetheless, in a spirit of cooperation, the Central Valley Flood Protection Board offers the following responses to those findings and recommendations which pertain to the Board: Findinq: On April 7,1970, an agreement was reached between the Madera County Flood Control and Water Conservation (Agency) and the Reclamation Board to clear the waterways and return the water flow capacity to the 1959 standards (the Chowchilla River Project (CRP). This project was assigned to the U. S. Army Corps of Engineers (Corps). • 44 Madera County Grand Jury March 21, 2008 Response: The Board agrees with the recommendation that the Agency review existing agreements with the Reclamation Board, now the Central Valley Flood Protection Board, and take immediate action to comply with provisions of said agreements. If you have any questions, please contact Dan Fua, Supervising Engineer, at (916) 574-0698. Sincerely, Hf- Benjamin F. Carter President 45 ., '. "'. < ! ­ '. THIS AGREEMENT, made and entered into by and bet~een THE RECLAMATION BOARD of the State of California (hereinafter referred to as the "Board") and the MADERA COUNTY FLOOD CONTROL AND WATER CON­ SERVATION AGENCY (hereinafter referred to as the "Agency"), on the ~ day of April 197__0__, in view of the following cir­ cumstances: WHEREAS, the Congress of the United States, by Public Law 87­ 874 approved October 23, 1962, authorized the Buchanan Reservoir, Chowchilla River, California, substantially in accordance with the
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(a) The Agency shall maintain and operate the local project· or any unit thereof .upon completion of the project substantially in accordance with the plans and specifications therefor and the accept­ ~ce by the Board and the Agency of the local project . .. (b) Said operation and maintenance shall be in full and complete compliance with the regulations prescribed by the Secretary of the Army, including but not limited to those prescribed in the Code of Federal Regulations and the Corps of Engineers Standard Opera­ tion and Maintenance Manual; copies and amendments thereto shall be lodged with the Clerk fer the County of Madera by the Board.
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The Agency shall operate and maintain the channel of the Chowchilla River from Buchanan Dam to the local project in such ,~anner as to provide in said c~:...:l=--t,,-,h:..::.e::..--=-c-=-a-<;.p.:::a-=c-=i:.:t~y--..:t::..:h.=.:e::.:r=-e=-o=f~p-=r.:.e:..:v.:.a:..:i::l:.:~:.:·n:.:.g~ t' in 1959. In the event the present capacity of the ChOY7chilla River channel from Buchanan Dam downstream to the local project is less than that prevailing in 1959, the Agency shall restore the capacity to that prevailing in 1959.
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Upon completion the Agency shall hold and save the United States, the State of California, and the Reclamation Board of the State of California, their successors or assigns, free and harmless from: -3­ 49 (a) Any and all claims arising out of or in connection with the aforesaid obligations assumed and agreed upon by the Agency with regard to the local project. (b) From damage due to the construction works as ShOvffi on the plans for the local project and as actually constructed and due to the operation and maintenance of s~id works and the local project from and after the awarding ·of any contract by the Corps of Engineers for construction pursuant to the plans or any portion of said plan. (c) The Agency shall defend the State of California and the Board in all proceedings upon claims for such damage on the written request of the Board. IN WITNESS WHEREOF, the parties hereto have executed this Agree~ ment on the date first hereinabove mentioned. THE RECLAMATION BOARD OF THE STbTE OF CALIFORNIA By ALFRED A. SOUZA Vice Pres. By RONALD R. HARRINGTON Sect'y MADERA COUNTY FLOOD CONTROL AND WATER CONSERVATION AGENCY By HAROLD BAIMAT -....",:::;-::~:::;:::::--~-------­ Chairman Board of Directors ATTEST: EVELYN C. BRANSTETTER (SEAL) ief±A~ Clerk, Board of Dlrectors By VARnA PEZALIA Deputy Clerk -4­ 50 4 1 .... ~~ .... I.' "l:'\ ~)1"7"'-') L.l.:# .1·.1.. _. J.J,... "'.1. • 7 !I.~~~"["lC~.r to CJ::,ocl.,te r.nid contract. Tl.r­ foregoing lteDohltion Has adopted this 7th day of 9 ~ril __' 1970. by the follC!:Jing vote: 10 Director Sc1unit3 voted: l.'ES 11 Director n~lF~t vot~d: 12 Director Del BinncD voted: YES 13 Director tlcui:cld voted: YES 14 nirector Corm:cll voted: YES 15 16 H.l\nOLD EiAu.mT 17 Cl~~iJ.,.:.J.n eo~rd of Directors 18 ATTEST: 19 20 21 PEZALL.~ 22 uepu ty CierI, 23 The foregoing instrument 1a a correct 24 copy of tho original on office. file in this 25 1\ttel3t'-­ A=p:.r.:::1~1c....:::9.L. -:1970 . EVEL1!N C. BRANSTETTER 26 County Clerk.end Clerlt of tile Board 27 of n1rectoro, Madera County Flood Control nnd Water Consorvation Agency 28 in and for the· Cou...ty· of Hadara. State 29 30 31 32 VArlDA of Cal _ ::: 11.'\ 51 EXTRACT Fi<OH ;'lI'H.iTZS OF tt.EETING OF THE RECUJ·1ATION BOARD j.;"y 8, 1970 b. Assur~nca Agreement with Madera County Flo0d Cnntrul and Water Conservation Agency on the 13uc1.2n2ln Reservoir Project on the Chowchilla River. Upon motion by Mr. Harrington, seconded by Mr. Hamatani, and carried unanimously, the Assurance Agreement was approved and accepted, and the Vice President and Secretary were a~thorized to execute the same on behalf of the Board. STATE OF CALIFORNIA COUNTY OF SACRAPlliNTO 5S. Office of The Reclamation Board I, JOHN V. PAYNE, Assistant Secretary of The Reclamation Board, do hereby certify that the above is a true and correct extract from the Minutes of the meeting of said Board held on May 8, 1970. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of The Reclamation Board this 11th day of May , 1970. (SEAL) Asslstant Secretary The Reclamation Board SRB 016 /JOHi:l V.PAE 52 5 10 15 20 ----------- 25 30 4 6 7 8 9 11 12 13 14 16 17 18 19 21 22 23 24 26 27 2fl 29 31 32 HADE1~ comny CONTRACT NO. ~- .... ­ THIS AGREEMENT made by and between the }UillERA COUNTY FLOOD CONTROL AND WATER CONSERVATION AGENCY, hereinafter called "AGENCY", and the CHOWCHILLA WATER DISTRICT) hereinafter called I'DISTRICT", as follows: WITNESSETH W}lliREAS, prior hereto AGENCY on the-7th day of April, 1970, entered into an agreement with the Reclamation Board of the State of California, relative to flood control on the Chowchilla River and its distributaries, Ash and Berenda Sloughs, and WHEREAS, at the time of execution of said agreement the bifurcation structure hereinafter described was not a part of the project to be constructed by the United States Corps of Engineers, and \~~REAS, the Chowchilla Water District owns a structure at the point of bifurcation of Ash Slough and Berenda Slough, which said structure is used by District to regulate the flows, other than flood flows, passing down Ash Slough and Berenda Slough, and ifHEREAS, the Corps of Engineers determined that the structure did not meet the flood control criteria proposed for the Chowchilla River System, and determined to construct a new bifurcation structure to replace the one owned by the District, and WlffiREAS, after construction of said structure by the Corps of Engineers, title thereto will be transferred to the Reclarna­ tion Board of the State of California, and upon approval of said structure by AGENCY pursuant to said agreement dated the 7th day of April, 1970, title to said structure will be transrer­ red from the Reclamation Board to AGENCY, and \fHEREAS, it is the desire of the parties that title to said structure shall be transferred from AGENCY to DISTRICT pursuant to the terms of this agreement, and -~­ -------- ---_._------------­ 53 5 10 15 20 25 30 2 3 4 6 7 8 9 11 12 13 14 16 17 18 19 21 22 23 24 26 27 28 29 31 32 WHEREAS, it is the rout~a1 desire of the parties to provide for certain services by DISTRICT to AGENCY in connection with flood control on the Chowchilla River System, and to provide for maintenance, repair and reconstruction of the new bifurcation structure. NOW, TI~REFORE, in consideration of the terms, covenants and agreements ·hereinafter set forth, IT IS AGREED by and between the parties hereto as follows: 1) Title to Bifurcation Structure: At such time as AGENCY has approved and accepted title to the bifurcation structure from the Reclamation Board, AGENCY agrees to immediately transfer title thereto to DISTRICT. At such time as hGENCY has approved and accepted the new bifurcation structure constructed by the Corps of Engineers, title thereto shall i~~ediately pass from AGENCY to DISTRICT and this document shall constitute a grant: of such title. 2) Operation of Bifurcation Structure: DISTRICT hereby agrees to operate the bifurcation structure for irrigation purposes in such manner as Shall be determined by DISTRICT and to operate the bifurcation structure for flood control purposes in accordance with the Corps of Engineers' operation and maintenance manual. The cost of operation for both irrigation and flood control purposes insofar as the furnishing of labor is concerned shall be borne solely by the District. 3) Maintenance, Repair and Replacement: DISTRICT shall perform the necessary work for maintenance, repair and replacement of such structure, but the cost thereof shall be borne by AGENCY, except as to any maintenance, repair or replacement caused by the misoperation, negligence or neglect of DISTRICT. DISTRICT shall not perform any unreasonable maintenance or repair work and before any replacement of the -2­ 54 5 10 15 20 25 30 2 3 4 6 7 8 9 11 12 13 14 16 17 18 19 21 22 23 24 26 27 26 29 31 32 entire structure, if such replacement is required by DISTRICT, shall submit plans and specifications to AGENCY for its approval thereof, which said approval shall not be unreasonably withheld. Upon performance by DISTRICT of repair or replacement work, it shall bill AGENCY therefor, which said bill shall be promptly paid by AGENCY, pr~vided that the work was reasonably and necessarily required for the maintenance, repair or recon­ struction of said structure. 4) Patrolling During Floods: Within the boundaries of DISTRICT, DISTRICT agrees that it will provide, at its cost and expense, a reasonable number of persons to patrol the Chowchilla River System for the purpose of ascertaining breal~s in levees or dikes, and furthe agrees that to the extent it has equipment and personnel availabl to make emergency small repairs to strengthen or repair flood control banks or dikes. All of the foregoing to be performed at DISTRICT's cost and expense. DISTRICT further agrees to notify AGENCY of any breaks or ~leaknesses which the DISTRICT does not have facilities to repair, and to cooperate with AGENCY on emergency replacement or repair thereof. Nothing herein contained shall require DISTRICT to assist AGENCY in long term maintenance, repair or replacement of any portion of the Chowchilla River Flood Control System, but the obligations of DISTRICT herein set forth shall app+y only to emergency situations during flood periods. Except as herein modified by emergency repairs, AGENCY's obligations under the agreement with the Reclamation Board dated the 7th day of April, 1970, shall remain in full force and effect. 5) Hold Harmless: It is agreed between the parties hereto that DISTRICT shall hold AGENCY harmless from any claims, obligations, or damages which are the sole, direc t and proximate result of -3­ 55 5 10 15 20 25 30 2 3 4 6 7 8 9 11 12 13 14 16 17 18 19 21 22 23 24 26 27 28 29 31 32 DISTRICT's failure to operate the bifurcation structure in accordance with the operation manual therefor established by the Corps of Engineers. DISTRICT, however, shall not hold AGENCY harmleps for failure to perform any other provision of this agreement expressly, but not limited to DISTRICT1s failure or inability to perform emergency repairs in dikes or levees. 6) General Provisions: This agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. In the event that either party to this agreement commences or maintains or defends any action for a breach of this agreement or to enforce the terms hereof, the prevailing party in such action shall be entitled to reasonable attorney's fees and costs as determined by the Court therein. IN HITNESS WF£REOF the parties here to have hereunto 'I 1 set their hands this {,. d.. day of !-U" Or':;, {I,....[ \ , 197-=;2.. CHOWCHILLA WATER DISTRICT nY_77~-r-_~ _ --r---<-"'-9.L­ "DISTRICT" i'1ADEr~ cb~l< /FLOO~ CONTROL AND WATER ~6}'J~¥A~;rq!,!--AGENCY '-I II; I" j/j.' , / 'j j rl '., By " j/.I j 'f," ChC?;nroan <..,/ Board of"..D1.i:ectors 1:./ ' . I.>' "AGENCY" ATTEST: -4 ­ 56 ,-----,~------_.__.­ :..r J.\"lt: (\l.- ~,'\Lii':l)(n'JI!\ TH[-.: Hr.::)l::l. ir~~ l~'_; :",i .~:~: !t. "', I ARNOLD SCHWAI<ZC:~lEGGEr~, (:;OIJER,'JOr:: _-'-.~ .,._ .,...,..,------;::;c ~_-., _~_•. _~.~.. ~ .:.--==-...;-..,.. ....~- ,_';":'._-=-_. ~""'=.-~ l"H'E REC LA~'1ATToi~n30ARD :n'lIiEIC:~lll1il)(J,-\,-!C" nil)' LLMJ ;;i\CR,I.ivll::f·ITO. C.". ,]:;1,);' I {q·16j~,7~1··0(;(I[i ~/·X: {~')'J6) :Jf"4·0dSi F;'t:r=<i',IITS: (~) 1\:;j 5'i·~"OtlS3· i:A\. (D1<';) :;{,~"Oliti, Date: Ap ril 4. 2007 To: Federal Flood Control Project Maintaining Agencies Subject Compliance with U,S. Army Corps of Engineers Flood Control Project Maintenance Policy Guidance On September 26, 2006, the U.S. Army Corps of Engineers (Corps) released a policy guidance memorandum stating that any project component which had been fO!Jnd to have one or more maintenance deficiencies rated by the Corps as "unacceptable" would no longer be eligible for Public Law 84-99 rehabilitation assistance. The memo also indicated that such a finding may Ie ad to a determination by FEMA that the project no longer provides base (1-percent-annual­ chance) flood protection. The Corps' Sacramento District notified the Reclamation Board and DWR that it had created a list of 36 State of California sponsored projects, each with at least one maintenance deficiency . reSUlting in an "unacceptable" rating. A public workshop was held in Sacramento on December 20. 2006 to discuss this information with all Local Maintaining Agencies (LMAs) and other ',terested parties. Since then, the Corps and DWR have performed verification inspections for --"'0 of the LMAs with the least serious deficiencies and determined that 8 districts should be moved from the list. Please refer to the attached letter from the Corps to determine rf your district is on the list. More reGent Corps policy gUidance (attached) states that each LMA rated as "unacceptable" du e to poor maintenance, will remain active and retain rehabilitation assistance for one year from the date ofthe Corps' notification letter if a correction plan is s\..lbmitted within three months. If your district has been rated "unacceptable'l due to PQor maintenance, then your district is identified on the attached Corps list, and you must submit a com:ctio.n plan to the Reclamation Board by May 15, 2007 in accordance with the guideUriesbel6w:
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General Provisions: This agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. In the event that either party to this agreement commences or maintains or defends any action for a breach of this agreement or to enforce the terms hereof, the prevailing party in such action shall be entitled to reasonable attorney's fees and costs as determined by the Court therein. IN HITNESS WF£REOF the parties here to have hereunto 'I 1 set their hands this {,. d.. day of !-U" Or':;, {I,....[ \ , 197-=;2.. CHOWCHILLA WATER DISTRICT nY_77~-r-_~ _ --r---<-"'-9.L­ "DISTRICT" i'1ADEr~ cb~l< /FLOO~ CONTROL AND WATER ~6}'J~¥A~;rq!,!--AGENCY '-I II; I" j/j.' , / 'j j rl '., By " j/.I j 'f," ChC?;nroan <..,/ Board of"..D1.i:ectors 1:./ ' . I.>' "AGENCY" ATTEST: -4 ­ 56 ,-----,~------_.__.­ :..r J.\"lt: (\l.- ~,'\Lii':l)(n'JI!\ TH[-.: Hr.::)l::l. ir~~ l~'_; :",i .~:~: !t. "', I ARNOLD SCHWAI<ZC:~lEGGEr~, (:;OIJER,'JOr:: _-'-.~ .,._ .,...,..,------;::;c ~_-., _~_•. _~.~.. ~ .:.--==-...;-..,.. ....~- ,_';":'._-=-_. ~""'=.-~ l"H'E REC LA~'1ATToi~n30ARD :n'lIiEIC:~lll1il)(J,-\,-!C" nil)' LLMJ ;;i\CR,I.ivll::f·ITO. C.". ,]:;1,);' I {q·16j~,7~1··0(;(I[i ~/·X: {~')'J6) :Jf"4·0dSi F;'t:r=<i',IITS: (~) 1\:;j 5'i·~"OtlS3· i:A\. (D1<';) :;{,~"Oliti, Date: Ap ril 4. 2007 To: Federal Flood Control Project Maintaining Agencies Subject Compliance with U,S. Army Corps of Engineers Flood Control Project Maintenance Policy Guidance On September 26, 2006, the U.S. Army Corps of Engineers (Corps) released a policy guidance memorandum stating that any project component which had been fO!Jnd to have one or more maintenance deficiencies rated by the Corps as "unacceptable" would no longer be eligible for Public Law 84-99 rehabilitation assistance. The memo also indicated that such a finding may Ie ad to a determination by FEMA that the project no longer provides base (1-percent-annual­ chance) flood protection. The Corps' Sacramento District notified the Reclamation Board and DWR that it had created a list of 36 State of California sponsored projects, each with at least one maintenance deficiency . reSUlting in an "unacceptable" rating. A public workshop was held in Sacramento on December 20. 2006 to discuss this information with all Local Maintaining Agencies (LMAs) and other ',terested parties. Since then, the Corps and DWR have performed verification inspections for --"'0 of the LMAs with the least serious deficiencies and determined that 8 districts should be moved from the list. Please refer to the attached letter from the Corps to determine rf your district is on the list. More reGent Corps policy gUidance (attached) states that each LMA rated as "unacceptable" du e to poor maintenance, will remain active and retain rehabilitation assistance for one year from the date ofthe Corps' notification letter if a correction plan is s\..lbmitted within three months. If your district has been rated "unacceptable'l due to PQor maintenance, then your district is identified on the attached Corps list, and you must submit a com:ctio.n plan to the Reclamation Board by May 15, 2007 in accordance with the guideUriesbel6w: 1. Each correction plan must includE}: a. A schedUle·for correcting the noted def)Giencie$ within t1T§;()~ year period, b. A sUITlmari0ftrre il1tf?rirn actiofls, which include an evacuation plan that will be jmpr~m'ehtedloredLJQe the f10pdrlsk created bytheMfiGi~nde$, c. An outreach plpH to notIfy the public ofthe defioiencies anolplanned correction process. 2. IftheQ9rr§~lj\Onl')lanis;~.lDproved!;)yth:e<0orps District·Comrnange'L the project shall "'-" milihtain91l ;'actlve'i status in the RfilhaoHitatipn ~nd Inspection Pr0,gram during the one year period. . 57 := eil:rC1 I 1=100(/ COiltml Prokcl rvl2,intcl ill illg /\\)8ncies API'i!4, :2007 Pag8 :2 3, If the correction plan is not received within the three month period, the Distrirt Commander determines the work cannot reasonably be completed within on(~ year, or (jl c1i,y till jd th8 plan is not fuily implemented as approved, the project status ,viii be declared "inactive" and imrnediatelybecome ineligible forPL 84-99 rehabilitation assistance, After correction of all deficiencies, your offiCe should contact DWR to request a joint inspection of the project for re-evaluation of your rating. Iftheproject IS found to be "acceptable" or "mi nimally acceptable" after re-inspection, the project will retain its "active" status. In the event that the project enters into "inactive" status, all deficiencies wBl neE;ld to be corrected and the project rnust receive at least a "minimally acce.ptable" inspeCtion rating before the projects' status can be changed to "active". Correcting the maintehance deficiencies within the one year period does not imply that the levee meet§ceftifIcation requirements for FEMA's National Flood Insurance Program or meets eligibUityforFEMA's Provi$ionally Accredited Levee ProgratTl. LMAs are encouraged to contintrl3 lb partner with FEMA throughout the notification process, Corps emergency flood fighting assistance will continue to be available to all UvlAs regardless of eligibility status, The Corps of Engineers' Sacramenio District vJllI continue conducting inspections 10 verify the '!uality of maintenance being performed by LMAs throughout the system. Those found by the __ -00rpS to have deficient maintenance will be included on subsequent maintenance deficiency lists, Correspondence from Corps Headquarters indicates tharthe one-year grace period will not be available and that loss of PL 84-99 rehabilitation coverage will oCCur immediately with the release of each future Ilst. Each LMA has been giveh a copy of its Corps Inspection report identifying its deficiencies. If your LMA is on the list and you do not have this information, please contact Mr. Robert Trang at (816)574-0314 or rtrang@watE;lr.ca.govi01rnecliately. To allow for processing time, please submit complete correction plans fOr your projecfcomponentby May 15, 2007 to the Reclamation Board at the following address: . THE RECLAMATIGNBQARD 3310 El Camino Ave., rK'm. LL40 SACRAMENTO, CA 95821 If you have any questions regClrdiQ9 this. matter, please conta.ct Jim Eckman at jeckman@water.ca.gov or (916) 574:-202'0, Sincerely, (t:~ ) -t--0­ vS,Punia ~ ...., ttachments r 58 2037 W. Cleveland Avenue r·ladera, CA 93637-8720 RESOURCE MANAGEMENT AGENCY (559) 661-6333 FAX (559) 675-7639 DEPARTMENT OF ENGINEERING Greg.farley@madera-county.com AND GENERAL SERVICES S. Greg Farley PE, CounlyEngineer DATE: July 11, 2007 TO: Board of Supervisors THROUGH: S. Greg Farley PE, County Engine~4 -rv~ FROM: Kevin S. Ham PE, Assistant County Enginee~vt.J ~ 1<11­ SUBJECT Status Report Regarding Madera County Compliance with US Army Corps of Engineers Flood Control Project Maintenance Policy Guidance.

Recommendations 9