California Code of Regulations › Title 23 - Waters › Division 1 - Central Valley Flood Protection Board › Chapter 1 - Organization, Powers and Standards › Article 10 - Appendices › Appendix A - State of California the Resources Agency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
THE CENTRAL VALLEY FLOOD PROTECTION
					 BOARD
3310 El Camino Avenue, Room LL40
Sacramento, California 95821
Telephone: (916) 574-0609
FAX (916) 574-0682
GENERAL INFORMATION
REGARDING APPLICATIONS FOR ENCROACHMENT
					 PERMITS
These instructions will provide you with information on how
					 to prepare your application for a Central Valley Flood Protection Board
					 encroachment permit.
Approval by the Board is required for projects or uses
					 which encroach into rivers, waterways, and floodways within and adjacent to
					 federal and State authorized flood control projects and within designated
					 floodways adopted by the Board. You must obtain Board approval before you begin
					 certain uses or construction work on any proposed project within these
					 areas.
The Board exercises jurisdiction over the levee section,
					 the waterward area between project levees, a strip of land adjacent to the
					 landward levee toe which is at least 10 feet wide, areas within 30 feet of the
					 top of the banks of unleveed project channels, and within designated floodways
					 adopted by the Board. Activities outside of these limits which could adversely
					 affect the flood control project are also under Board jurisdiction. Maps of
					 designated floodways are available for inspection at the Board's office in
					 Sacramento, city and county planning or public works departments, and county
					 recorders' offices. Questions relative to proposed projects or uses which may
					 require Board approval should be directed to The Central Valley Flood
					 Protection Board, 3310 El Camino Avenue, Room LL40, Sacramento, California
					 95821, or telephone (916) 574-0609.
Four copies of the completed application and drawings, one
					 completed copy of the Environmental Questionnaire, and any other environmental
					 documents must be submitted. The application must be made on forms provided by
					 the Board and must contain the following information:
1. A concise description of the proposed project or
					 use.
2. The county, section, township, range, and the base and
					 meridian in which the proposed project or uses are located.
3. The name, address, telephone number, and FAX number (if
					 any) of the applicant.
4. An endorsement must be obtained from the reclamation,
					 levee, or flood control agency responsible for levee maintenance. Special
					 conditions may be added to the permit at the request of the agency. If the
					 maintaining agency delays or declines to endorse the application, it may be
					 submitted to the Board without endorsement with a written explanation as to why
					 the application was not endorsed by the maintaining agency.
5. A current list of the names and addresses of all the
					 adjacent property owners.
6. If applicable, provide the name and address of the Lead
					 Agency responsible for preparing environmental documentation regarding the
					 proposed project as required by the California Environmental Quality Act of
					 1970. The environmental questionnaire provided by the Board must be completed
					 and submitted as part of your application.
7. Four copies of exhibits and drawings depicting the
					 project or use.
8. At least two color photographs (polaroids or snapshots
					 are acceptable) showing different views of the project site. Include captions
					 which explain what the photograph is depicting.
9. The name and address of the owner of the proposed
					 project or use if different from the person filing the application.
10. The name and address of the owner of the property on
					 which the proposed project is located.
You should include with your application any additional
					 information that would be helpful in evaluating your proposed project or
					 use.
The application must be signed and dated.
Your completed application may be mailed or delivered in
					 person to:
The Central Valley Flood Protection Board
Attention: Floodway Protection Section
3310 El Camino Avenue, Room LL40
Sacramento, California 95821
The Board has adopted standards for work which encroaches
					 into the area under its jurisdiction. Copies of the standards are available
					 upon request. A typical levee cross section and terminology are presented in
					 Exhibit 1.
Minimum Requirements and Format for
					 Drawings
1. The following information is required to evaluate the
					 work described in your application. Additional information may be required
					 depending upon the nature of the project.
A. The title block of each sheet should identify the
					 proposed activity and include the name of the applicant, number of the sheet,
					 total number of sheets in the set, and date the drawing was prepared.
B. The name of the stream, river mile, scale, north arrow,
					 datum reference, and other information as required.
C. The exact location of the proposed project in relation
					 to identifiable landmarks.
D. Plan and elevation views of the proposed project or use
					 and the proximity of the proposed project or use in relation to existing
					 facilities, property lines, levees, streams, etc.
E. Drawings of levee cross sections or profiles must
					 indicate the elevations of levee crowns, toes, low-water surface, and design
					 flood plane. These drawings should include horizontal and vertical scales and
					 must be referenced to a known elevation datum.
2. Please use the following format:
A. Prepare the drawings on 8-1/2-by-11-inch sheets (when
					 possible) in accordance with the general format depicted in Exhibits 2, 3, and
					 4.
B. Allow a 1-inch binding margin on the top side of each
					 sheet.
C. Because additional copies of the drawings may have to be
					 reproduced photographically, color shading cannot be used. Drawings must show
					 shading as dot shading, cross hatching, or similar graphic symbols.
Application Processing
Upon receipt of an application, a general review is made to
					 determine if it is adequately complete to begin processing. If the application
					 is found to be complete, it will be assigned a number and a letter will be sent
					 to the applicant acknowledging receipt of the application. The Board will send
					 a notice of the pending application to the adjacent property owners. If, during
					 the review process, the application is found to be incomplete, it will be
					 returned or the applicant will be advised by letter of the deficiencies in the
					 application. If these deficiencies are not corrected within a reasonable time
					 limit, processing of the application will be terminated.
The applicant may be notified of a need for additional
					 studies.
A copy of the application is sent to the U.S. Army Corps of
					 Engineers for review and comment.
The Board staff performs some level of environmental review
					 of the potential impacts of the proposed project or use.
The project or use described in the permit issued on each
					 approved application is subject to 12 general conditions. A number of special
					 conditions may be added to the approved permit depending on the nature of the
					 proposed activity.
Applications which must be considered by the Board are
					 placed on the agenda of the next regular Board meeting. The applicant and all
					 interested parties are notified of the meeting and may appear and present their
					 views to the Board for its consideration. After an application has been
					 approved by the Board, any requests for revisions to the proposed or completed
					 project which have not been approved by the Board must be submitted in writing
					 to the Board for approval. Revised applications are processed in the same
					 manner as new applications.
Acceptance of a Permit
You must notify the Department of Water Resources fourteen
					 (14) calendar days before construction begins by mailing the pre-addressed
					 start card furnished by the Board when the permit is issued. This card will
					 contain the current address and telephone number of the Department of Water
					 Resources' Flood Project Inspection Section which provides inspection services
					 on behalf of the Board. The beginning of any work described in the permit
					 constitutes acceptance by the applicant that work will be done in compliance
					 with the general and special conditions listed in the permit.
Inquiries about procedures or other details may be made in
					 person or by correspondence to The Central Valley Flood Protection Board,
					 Attention: Permitting Section, 3310 El Camino Avenue, Room 151, Sacramento,
					 California 95821; phone: (916) 574-0609, website:
www.cvfpb.ca.gov
, and email: [email protected].
					 Please include the Board's application number when inquiring about an
					 application.
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STATE OF CALIFORNIA THE RESOURCES
					 AGENCY
THE CENTRAL VALLEY FLOOD PROTECTION
					 BOARD
SAMPLE
00000
							 GM
SAMPLE
PERMIT NO.
This Permit is issued to:
Mr. John Doe
John Doe Irrigation
							 District
1234 Any Street
Anywhere, California
							 00000
To install a 60-inch-diameter
							 water pipeline within a 78-inch-diameter casing and a 24-inch-diameter water
							 pipeline within a 42-inch-diameter casing under Any Stream. The project is
							 located in the City of Anywhere approximately 1,400 feet upstream from The
							 Road. Section
							 00, TOS, ROOE, M.D.B.&M., Any
							 Stream, 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 Central Valley Flood Protection Board, on the
					 __________ day of ____________________, 20___, 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:
___________________________
Executive Officer
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
					 Central Valley Flood Protection Board.
FIVE
: Unless the work herein contemplated
					 shall have been commenced within one year after issuance of this permit, the
					 Board reserves the right to change any conditions in this permit as may be
					 consistent with current flood control standards and policies of The Central
					 Valley Flood Protection Board.
SIX
: This permit shall remain in effect until
					 revoked. In the event any conditions in this permit are not complied with, it
					 may be revoked on fifteen (15) calendar 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 Central Valley
					 Flood Protection 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 is made against the State of California, or any departments 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 Central Valley
					 Flood Protection 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
: That all work shall be in accordance
					 with the submitted drawings and specifications dated December 1991 except as
					 modified by special permit conditions herein. No further work, other than that
					 covered by this permit, shall be done in the area without the prior approval of
					 The Central Valley Flood Protection Board.
[FN*]FOURTEEN
: That in the event trees and
					 brush are cleared, they shall be completely burned or otherwise removed from
					 the overflow area of Dry Creek, and no downed trees or brush shall be allowed
					 to remain in the floodway during the flood season between November 1 and April
					 15.
[FN*]FIFTEEN
: That no excavation shall be made
					 or allowed to remain in the creek banks between November 1 and April 15.
SIXTEEN
: That the backfill material for the
					 bore pit and receiving pit excavation shall be placed in layers and compacted
					 to a density equal to that of the adjacent undisturbed material.
SEVENTEEN
: That the work area shall be
					 restored to at least the same condition that existed prior to commencement of
					 work.
EIGHTEEN
: That the permittee shall assume all
					 responsibility for protection, relocation, or removal of the permitted project
					 works if required by the Board.
NINETEEN
: That the applicant shall provide
					 inspection services acceptable to the Board. A civil engineer registered in the
					 State of California shall certify that all work was thoroughly inspected and
					 performed in accordance with the submitted plan drawings, specifications, and
					 permit conditions.[FN*]
November 1 to July 15 depending on location of
					 stream.
State of
							 California
The
Resources
Agency
THE CENTRAL VALLEY FLOOD PROTECTION
					 BOARD
Application
					 No.______________________________
(For Office Use Only)
APPLICATION FOR A PERMIT
1. Description of proposed work:
					 ___________________________
___________________________
___________________________
___________________________
2. Location: ___________________________
____________________________________________________________
					 County, in Section ,_______________ Township:______________________________(N)
					 (S), Range ____________________(E) (W), M.D.B.&M.
3. ________________________________________(Name of
					 Applicant) of ______________________________(Address)
___________________________
City
State
ZIP Code
Telephone
							 Number
___________________________
FAX Number
4. Endorsement: (of Reclamation District/Department of
					 Water Resources)
We, the Trustees of/DWR Representatives
					 ________________________________________(District Name and Number) approve this
					 plan, subject to the following conditions:
[] Conditions listed on back of this form [] Conditions
					 Attached [] No Conditions
___________________________
___________________________
Trustee
Date
Trustee
Date
___________________________
___________________________
___________________________
___________________________
5. Names and addresses of adjacent property owners sharing
					 a common boundary with the land upon which the contents of this application
					 apply. If additional space is required, list names and addresses on back of the
					 application form or an attached sheet.
___________________________
Name
Address
ZIP Code
___________________________
___________________________
___________________________
6. Has an environmental determination been made of the
					 proposed work under the California Environmental Quality Act of 1970?
[] Yes [] No [] Pending
If yes or pending, give the name and address of the lead
					 agency and State Clearinghouse Number:
___________________________
______________________________________________________________________SCH
					 NO. ____________________
DWR 3615 (Rev. 6/09) Side A
7. When is the project scheduled for construction?
					 __________
8. Please check exhibits accompanying this
					 application.
A. [] Map showing the location of the proposed work.
B. [] Drawings showing plan and elevation views of the
					 proposed work, scale, materials of construction, etc.
C. [] Drawings showing the cross section dimensions and
					 elevations of levees, berms, stream banks, flood plain, low flow, etc.
D. [] Drawings showing the profile elevations of levees,
					 berms, flood plain, low flow, etc.
E. [] Photograph depicting the project site.
9. Is the applicant acting for the owner of the proposed
					 works? [] Yes [] No
If yes, the name, address and telephone number of the owner
					 is __________
-
Signature of Applicant
Date
For additional information:
___________________________
___________________________
___________________________
___________________________
___________________________
___________________________
___________________________
___________________________
DWR 3615 (Rev. 6/09) Side B
ENVIRONMENTAL ASSESSMENT QUESTIONNAIRE
FOR APPLICATIONS FOR CENTRAL VALLEY FLOOD PROTECTION
					 BOARD ENCROACHMENT PERMITS
This environmental assessment questionnaire must be
					 completed for all Central Valley Flood Protection Board applications. Please
					 provide an explanation where requested. Incomplete answers may result in delays
					 in processing permit applications. Failure to complete the questionnaire may
					 result in rejection of the application.
1. Has an environmental assessment or initial study been
					 made or is one being made by a local or State permitting agency in accordance
					 with the California Environmental Quality Act?
Yes __________ No __________. If yes, identify the Lead
					 Agency, type of document prepared or which will be prepared, and the State
					 Clearinghouse number:
2. Will the project require certification, authorization or
					 issuance of a permit by any local, State, or federal environmental control
					 agency?
Yes __________ No __________. List all other governmental
					 permits or approvals necessary for this project or use, including U.S. Army
					 Corps of Engineers' 404 and Section
					 10 permits, State Water Quality
					 Certification, Department of Fish and Game 1600 agreement, etc. Attach copies
					 of all applicable permits.
3. Give the name and address of the owner of the property
					 on which the project or use is located.
4. Will the project or use require issuance of a variance
					 or conditional use permit by a city or county?
Yes __________ No __________. Explain:
5. Is the project or use currently operating under an
					 existing use permit issued by a local agency?
Yes __________ No __________. Explain:
6. Describe all types of vegetation growing on the project
					 site, including trees, brush, grass, etc.
7. Describe what type of wildlife or fish may use the
					 project site or adjoining areas for habitat, food source, nesting sites, source
					 of water, etc.
8. Has the Department of Fish and Game, U.S. Fish and
					 Wildlife Service, or National Marine Fisheries Service been consulted relative
					 to the existence of, or impacts to, threatened or endangered species on or near
					 the project site?
Yes __________ No __________. Explain:
9. Will the project or use significantly change present
					 uses of the project area?
Yes __________ No __________. Explain:
10. Will the project result in changes to scenic views or
					 existing recreational opportunities?
Yes __________ No __________. Explain:
11. Will the project result in the discharge of silt or
					 other materials into a body of water?
Yes __________ No __________. Explain:
12. Will the project involve the application, use, or
					 disposal of hazardous materials?
Yes __________ No __________. If yes, list the types of
					 materials, proposed use, and disposal plan. Provide copies of all applicable
					 hazardous material handling plans.
13. Will construction activities or the completed project
					 generate significant amounts of noise?
Yes __________ No __________. Explain:
14. Will construction activities or the completed project
					 generate significant amounts of dust, ash, smoke, fumes, or odors?
Yes __________ No __________. Explain:
15. Will the project activities or uses involve the burning
					 of brush, trees, or construction materials, etc.?
Yes __________ No __________. Explain, and identify safety
					 and air pollution control measures:
16. Will the project affect existing agricultural uses or
					 result in the loss of existing agricultural lands?
Yes __________ No __________. Explain:
17. Have any other projects similar to the proposed project
					 been planned or completed in the same general area as the proposed
					 project?
Yes __________ No __________. Explain and identify any
					 other similar projects:
18. Will the project have the potential to encourage,
					 facilitate, or allow additional or new growth or development?
Yes __________ No __________. Explain:
19. Will materials be excavated from the floodplain?
Yes __________ No __________.
THE REMAINING QUESTIONS MUST ONLY BE ANSWERED IF THE ANSWER
					 TO QUESTION NO. 19 WAS "YES." IF THE ANSWER TO QUESTION NO. 19 WAS "NO," YOU DO
					 NOT NEED TO COMPLETE THE REMAINING QUESTIONS.
A. What is the volume of material to be excavated?
Annually ___________________________ Total
					 ______________________________
B. What types of materials will be excavated?
C. Will the project site include processing and stockpiling
					 of material on site?
Yes __________ No __________. Explain:
D. What method and equipment will be used to excavate
					 material?
E. What is the water source for the project?
F. How will waste materials wash water, debris, and
					 sediment be disposed of?
G. What is the proposed end land use for the project
					 site?
H. Has a reclamation plan been prepared for this site in
					 accordance with the Surface Mining and Reclamation Act of 1975?
Yes __________ No __________. If yes, please attach a
					 copy.
1. Amendment
					 relocating appendix A from following section
					 193 to new article 10 filed
					 12-1-2009; operative 12-31-2009 (Register 2009, No.
					 49).