Section 116 - Borrow and Excavation Activities-Land and Channel(a) The removal of earthen material and related activities within the limits of an adopted plan of flood control are subject to the provisions of this division. The board may limit borrow and excavation activities based on the area's hydraulics, hydrology, sediment transport, and history of the borrow sites. The board may waive specific requirements for borrow or excavation activities if the permittee provides detailed studies which the board considers sufficient to justify the waiver. Borrow and excavation activities maya be allowed if:
(1) The activity will not cause an unplanned change of the stream's location;(2) The sediment transport downstream will not change in a manner that produces or tends to produce increased flood or erosion problems in the area; and(3) The activity is consistent with the overall flood control objectives for the area.(b) General requirements for all borrow permits include the following, unless other specific provisions for a specific area or stream modify these requirements:(1) Any levee crown or access ramp used to transport borrow material must be maintained by the permittee in the same or better condition as existed at the start of the borrow operation.(A) A surveyed longitudinal profile of the existing levee crown roadway and access ramps to be utilized for access to the borrow area must be submitted to the board prior to any excavation.(B) A surveyed longitudinal profile of the levee crown and access ramps utilized for access to the borrow area must be submitted yearly as well as upon abandonment of the borrow area.(C) Upon order of the board, the permittee shall restore a damaged levee and/or access ramp to the original profile.(2) Land and channel borrow material of any type may not be stored on a levee section or within ten (10) feet of either toe at any time.(3) No land and channel borrow material may be stored in a manner that could destabilize a riverbank, e.g., within thirty (30) feet of the top of bank.(4) Periodic topographic surveys of the active borrow area and vicinity may be required.(5) All boundaries of an active borrow area must be delineated by steel posts or other permanent markers which are clearly visible.(6) Stockpiles of materials or the storage of equipment, unless securely anchored, downed trees or brush, and floatable material of any kind are not allowed within a floodway during the flood season as defined in Table 8.1.(7) Excavation is not permitted within one hundred (100) feet of a levee toe or property line within the floodway.(8) Material may not be removed within fifty (50) feet of the toe of any spur levee. A spur levee is a levee that protrudes into the floodway for the purpose of directing the flow of floodwater.(9) Channel or berm excavations are not permitted within a leveed floodway where there is active erosion unless an engineering study demonstrates that the borrow will not exacerbate the erosion.(10) The side slopes of the perimeter of a borrow area may not exceed three (3) feet horizontal to one (1) foot vertical.(11) The upstream and downstream ends of a borrow area connected to the low-water channel shall be transitioned into the channel to prevent an abrupt change in streamflow velocity or cause an obstruction to the flow.(12) The bottom of a borrow area that is seasonally dry and located within two hundred (200) feet of a levee toe shall be graded to be reasonably uniform with the gradient sloping towards the low-water channel.(13) When the borrow area is to be connected to the low- water channel, excavation must start at the riverward edge of the borrow area and progress uniformly landward.(14) The bottom elevation of any berm excavation may not be lower than the adjacent channel bottom without adequate setback from the channel. Five hundred (500) feet is generally considered an adequate setback.(15) Dredging of material from channel waterways generally must be confined to the area beyond one hundred (100) feet of the toe of the bank. The slope of the borrow perimeter nearest the toe of the bank may not exceed five (5) feet horizontal to one (1) foot vertical. Localized exceptions may require bank protection.(16) Before any borrow operation, including suction dredging, is permitted within one (1) mile of a bridge, a study must be submitted to show that the borrow operation will not adversely affect any of the bridge footings, piers, or bents.(17) Before any borrow operation, including suction dredging, is permitted within one thousand (1,000) feet of any pipeline or cable crossing beneath the channel, or within one thousand (1,000) feet of a project control structure, e.g., a weir, a study must be submitted to show that the borrow operation will not adversely affect that facility. A study may be required for distances greater than one thousand (1,000) feet where deemed appropriate by the board.(18) Any proposed borrow operation within one mile of a state highway bridge must be approved by the California Department of Transportation.(19) A geotechnical investigation is required before initiating any borrow activity within a leveed floodway. The investigation must determine if the proposed borrow activity would increase seepage beneath levees, or expose soils susceptible to erosion.(c) If periodic inspections reveal that a borrow operation will adversely affect the adopted plan of flood control, additional permit conditions may be imposed, or the permit may be revoked.(d) Excavations made within a floodway that are not an approved borrow or dredging activity must be backfilled in a manner consistent with local conditions. This requirement is generally satisfied by using suitable material and compacting to the density of the adjacent undisturbed material. Compaction tests by a certified soils laboratory may be required. These requirements may be waived for minor excavations that would have no impact on the floodway.Cal. Code Regs. Tit. 23, § 116
1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40). Note: Authority cited: Section 8571, Water Code. Reference: Sections 8608, 8609 and 8710, Water Code.
1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40).