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Home My WebLink AboutStaff Report 05/19/2001 (22) ��V UNITED STATES DEPARTMENT OF COMMEP a National Oceanic and Atmospheric Administration NATIONAL•MARINE FISHERIES`.SERVICE srnies of r" ..._ Southwest Region • 777 Sonorima.Avenue, Room 325, Santa Rosa, California 95404 In response-refer to: MAR ;1 :5; 2001 SWR-01-SR-278:GS Matthew B. Miller,RE., Chief Hazards Study Branch Federal.Einergency Management Agency Washington,D.C. 20472 DearMr.Miller: The purpose of this letter is to provide you an update on efforts sincemy letter of December 22, 2000, to resolve fisheries problems associated with flood control structures on Adobe Creek, Sonoma County, California. The'Eederal Emergency Management Agency (FEMA) is currently revising the effective Flood Insurance Rate Map (FI_RM) and•Elbod Insurance Survey (FIS) report gh for property located in the City of Petaluma(City) in the vicinity of Adobe Creek (Case No 99- 09-220P). My staff has been working with representatives from the City.and•Mardel LLC to develop a solution to the design flaws at the Adobe Creek flood bypass channel. The problem is primarily related to excessive sediment and debris accumulation in the culverts under Casa Grande Road at the upstream end of the flood bypass channel Sediment and debris at,this site have reduced the flow conveyance capacity under the roadway andresulted in,overtopping of`the diversion weir at flow regimes significantly lower than designed. The frequent overtopping of the diversion weir . and operation of the flood.bypas's channel adversely affectsthe threatened•Central California Coast steelhead by stranding fish,iin the bypass channel after high water has'receded. The diversion weir and flood bypass channel are designed to operateduring,a 10-year or,greater flood event. However, under existing conditions the weir overtopsduringan''annual or lower flow event. In coordination with my staff and representatives from the City, an engineering consultant for Mardel LLC, Godfrey Engineering, has developed a plan to modify the Adobe Creek channel immediately above the diversion weir. The plan is designed to minimize the accumulation of sediment and debris in the culverts under Casa Grande Road by"restoring the stream channel to it's prior alignment along-the southeast bank. These proposed.modifications to the channel combined with regular maintenance and monitoring of the site are likely to address the National Marine Fisheries Service's'(NMFS) concerns related to steelhead. On March 1, 2001, a meeting was held at the NMFS Santa Rosa office to discuss the Adobe Creek diversion weir and flood bypass channel. In attendance were representatives from the- 'te °:$ 411R0 /q • Y • • • • City, Mardel LLC, FEMA Region IX, Adobe Creek•GolfCourse, and NMFS. The City and Mardel LLC indicated they'intend Mtemediate existing design"flaws through.modifications to the Adobe Creek channel and annual maintenance'activities: The City and Mardel LLC are currently drafting an agreementregarding;;these actions. TlieCity also stated that they will submit an application fora permit pursuant.to•Section 404 ofther Clean Water Act-to the U.S. Army Corps of Engineers (Corps) to perform these channel modifications. Although the Corps was not represented at this meeting, the Regulatory Branch of the San District has • indicated'to.my staff that receipt of the City's application,'-the Corps will initiate consultation.withNMFS pursuant to Section:7 of the Endangered Species Act. In response to this meeting,•Mardel LLC Provided staff with written confirmation of their intent to consider the;interests,of NMES in the proposed;agreement with the City of Petaluma (copy of March 1, 2001!letter.attached). Based on this letter and discussions with both the City and Mardel LLC,NMFS believes these,parties are working'in good faithito remedy the problems in Adobe Creek associated with the diversiomweir and flood'bypass channel. With the City's submission of a permit application, the'Corps3and'N SS can conduct section 7 consultation for threatened steelhead.on the proposed channel modificatiomplan.and flood control improvement. structures in Adobe Creek. However,to ensure the City and Mardel LLC proceed with the necessary channel modifications.and annual maintenance, I request`FEMA delay issuance of the final LOMR until the City and Mardel LEC have.signeda final,a_greementto perform these actions. • Provided the City and Mardel LLC complete an.agreementregarding the.Adobe Creek weir and bypass channel and the City proceeds with the proposed channel modifications, section 7 consultation between NMFS and.the.Corps can address the potential impacts of these flood control structures on listed=steelhead and critical habitat and, if necessary, provide incidental take authorization for these facilities. However, further consultation by FEMA with NMFS may be required if,(1) the City and Mardel,LLC dotnot enter this agreement,'(2) the City does not proceed with the channel modifications plan and complete theprojectby'October 1, 2002, or(3) new information becomes,available•indicating the weir and diversion channel are not functioning as designed. • - • • If you have questions regarding these comments, please contact,Mr. Gary°.Stern at(707) 575- 6060. Sincerely,- . - Patrick•Rutten Northern California Supervisor Protected:Resources Division • Enclosure 2 N H H •' cc: Calvin,Fong, COE San Francisco District Sandro Amaglio, FEMA Jim Lecky, NMFS Long Beach Rob Floerke, DFG'Yountville. Shelia Larsen, FWS• Honorable Clark Thompson:City of,Petaluma Matt Hudson, Attorney • • • 3 . H • P - n a r, - u?i: U!. U : trap 1 Enclosure • �aj ` nM °1d3j>X� MAR 2001 Mardel LLC MAYOR 2552 STANWELL DRIVE, SUITE 203, CONCORD, CA 94520 (925) 671-7775 FAX(925) 6741-2277 March 1,:2001 Gary R. Stern VIA FAX 707 578 3435 National Marine Fisheries;Service Protected Resources Division. 777 Sonoma Ave. Room 325 Santa Rosa, CA 95404 Subject: Cross Creek Subdivision LOMR Dear Mr. Stern: • We are writing you in response to the meeting in your office this morning regarding the LOMR affecting this project. We intend this letter to satisfy your request for assurance that NMFS' interests will be considered in our proposed agreement with the City of Petaluma with respect to work according to plans prepared by Spike Godfrey dated 1 /24/01 entitled Adobe Creek Flow Line Relocation ("the plans"). You have a copy of those plans. Provided we enter the agreement with the.City of Petaluma described above, and providedrwe undertake the work described in the plans, we will perform the following as part of the work: 1. Plant riparian vegetation in the riprap described in the plans (top of bank). 2. Install recording gauge for water surface elevation near the weir. 3. Limit construction in the creek to between 6/15 and 10/15. 4. Agree to permit money collected by the City of Petaluma under a Mello-Roos special tax to be expended for maintaining the weir/diversion channel and maintaining the work described in the plans. (Please be advised that Mardel has already agreed to permit the.City to VV fo . 2 Mar 0i 01 04.: 15p • use for that same purpose the-$30:000.00 fOncl Mardel previously deposited with the City of Petaluma.) • 5. Perform all work.in the creek according to the plans destribed above, subject to reasonable plan check modifications approved by the permitting agencies. We understand from you that with receipt of this letter you will, on or before March 9, 2001, advise FEMA in writing that NMFS does not object to issuance of the LOMR described in the attathed notice. Please advise us immediately if you will not meet that schedule. Thank you. Mardel LLC D - By: Dc ‘ D. Heaton R.J. Wilson managing member Construction manager . . • . • i