23 CA ADC § 116


      23 CCR s 116

      Cal. Admin. Code tit. 23, s 116


      CALIFORNIA CODE OF REGULATIONS
      TITLE 23. WATERS
      DIVISION 1. RECLAMATION BOARD
      CHAPTER 1. ORGANIZATION, POWERS AND STANDARDS
      ARTICLE 8. STANDARDS
      This database is current through 05/19/06, Register 2006, No. 20.

      s 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.


      


      Note: Authority cited: Section 8571, Water Code. Reference: Sections 8608, 
      8609 and 8710, Water Code. 


       HISTORY 
         
      1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
      23 CA ADC s 116

      END OF DOCUMENT

      (C) Copyright 2006, Result Oriented Marketing, Inc.
      For Further Assistance Visit : www.mcmillanlaw.us and www.fearnotlaw.com