Central Valley Flood Protection Board Meeting – Agenda Item No. 11 DESIGNATED FLOODWAY MODIFICATION

Central Valley Flood Protection Board Meeting – Agenda Item No. 11 Consider a request to modify the floodway encroachment lines of Kaweah River designated floodway near the confluence of the Middle (Main) Fork and the North Fork of the Kaweah River. 2

Central Valley Flood Protection Board Meeting – Agenda Item No. 11 3

 The site is located in the Sierra foothill town of Three Rivers between Fresno and Bakersfield in Tulare County. Elevation is approximately 850 ft above sea level.  The subject acre property is owned by Martin and Kay Burnham and is located at the confluence of Middle Fork and North Fork of the Kaweah River. Mr. and Mrs. Burnham want to build a single family residence on the site. 4

Central Valley Flood Protection Board Meeting – Agenda Item No. 11 5

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BoardFEMA North Fork Kaweah River24,00020,700 Middle Fork Kaweah River57,00048,000 Kaweah River below 80,00062,800 confluence of North and Middle Forks 7

Central Valley Flood Protection Board Meeting – Agenda Item No. 11 Board FEMA Cross Section Cross Section Cross Section

Central Valley Flood Protection Board Meeting – Agenda Item No. 11 9

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Central Valley Flood Protection Board Meeting – Agenda Item No

Central Valley Flood Protection Board Meeting – Agenda Item No. 11  Request Board to modify designated floodway. If Board agrees, a public process follows.  Conduct a public scoping meeting to inform and solicit input from interested parties.  Conduct floodway designation study. Study includes hydrology and hydraulic studies in order to determine new floodway boundaries. An environmental study will be conducted in compliance with CEQA.  Conduct a second public meeting to present the proposed new floodway designation and results of environmental studies.  Address public comments and finalize studies.  Present findings to the Board for adoption in a public meeting.  After adoption, adopted designated floodway map is submitted to the County for recording. 12

Central Valley Flood Protection Board Meeting – Agenda Item No. 11  Staff recommends denial of the request to modify the boundary of the Kaweah River Designated Floodway.  Staff recommends that Board consider allowing Mr. and Mrs. Burnham to apply for an encroachment permit, citing Section 107(g) of Title 23, California Code of Regulations. 13

Central Valley Flood Protection Board Meeting – Agenda Item No. 11  The permit would include a land covenant recorded on the title indicating that in the event of flood damage occurring to the subject property or causing damage to another property, the subject property owner would be liable.  The covenant would include indemnification language to warn the subject property owner that the State of California shall be forever protected and held harmless from all liability resulting from floods or flood-induced damage. 14

Central Valley Flood Protection Board Meeting – Agenda Item No

Central Valley Flood Protection Board Meeting – Agenda Item No