1 Three Rivers Levee Improvement Authority Follow-up on Twelve Compliance Issues Raised on February 26, 2007 March 22, 2007

2 Issue #1 CLAIM: February 26th meeting constituted a violation of the Bagley-Keene Act. RESPONSE: This is an issue that has been referred to Reclamation Board Staff Counsel. Three Rivers is not the appropriate entity to provide a response to this claim.

3 Issue #2 CLAIM: Three Rivers has worked on the Yuba River Levees beyond the authorized time contained within the relevant encroachment permit. RESPONSE: During 2006/07 winter Three Rivers worked on the Yuba levees between Hwy 70 and Simpson Lane under Permit #18095GM and Permit #17921GM. Three Rivers also performed O&M work on the levee in 2006.

4 Permit Seepage Berm Y u b a R i v e r F l o o d w a y CALTRANS Maintenance Yard Southern Pacific Railroad P r o j e c t L e v e e

5 Permit Slurry Wall Slope 3:1 Y u b a R i v e r F l o o d w a y P r o j e c t L e v e e Seepage Berm S P R R

6 Issue #2 (continued) Work under 18095GM between UPRR and Simpson Lane included the following: ActivityStart DateCompletion Date Slurry Wall September 14, 2006October 22, 2006 Re-grade slope on water side to 3:1October 1, 2006October 26, 2006 Install seepage Cemex property – Time extension granted to work until February 9, 2007 January 26, 2006February 2, 2006 Install two monitoring Cemex property by seepage berm – Time extension granted to work until February 9, 2007 January 31, 2007February 1, 2007

7 Issue #2 (continued) Work under GM on seepage berm included the following: ActivityStart DateCompletion Date Completed Seepage BermJuly 2005October 21, 2006 Caltrans Maintenance Yard Detention Pond excavation – Three Rivers has agreed to obtain an encroachment permit and has submitted the application. At the March 16, 2007 State Reclamation Board meeting accepted the application. January 12, 2007January 19, 2007

8 Issue #2 (continued) Additional work performed on or near the seepage berm as operation and maintenance included: ActivityStart DateCompletion Date Sand placement to fill low spots identified by survey data November 13, 2006November 15, 2006 Strippings placed on seepage berm to provide top cover to prevent erosion December 6, 2006December 8, 2006 Cobble slope of seepage berm to prevent erosion December 5, 2006December 19, 2006 Further strippings to provide top cover to prevent erosion January 11, 2007January 14, 2007 Aggregate base for road placed on seepage berm January 10, 2007January 31, 2007 Hydroseeding of seepage bermFebruary 7, 2007February 9, 2007

9 Issue #3 CLAIM: The public has no confidence in the statements of the Army Corps of Engineers in regard to the level of protection provided by the Yuba River Levee, especially in light of the presence of the boulders used to seal the 1986 break. RESPONSE: Corp of Engineers is the recognized National levee expert.

10 Issue #4 CLAIM: Three Rivers is not qualified to run this program; the work should be done by RD 784, the State of California, or the Army Corps of Engineers. RESPONSE: Corps process would add years to timeline. Three Rivers and its consultants are well qualified:

11 Issue #4 (continued) Paul Brunner, civil engineer with 30 years of experience. Ric Reinhardt, civil engineer with 12 years of experience, formerly with Corps. HDR and BE/GEI provided most of design and construction oversight and currently contract with DWR and Corps.

12 Issue #5 CLAIM: Three Rivers has repeatedly made statements to the public about when the completed levees would be certified; to date those levees have still not been certified. RESPONSE: That is correct. Three Rivers does not control when the Corps will provide certification. Nonetheless, Three Rivers is hopeful it will be soon.

13 Issue #6 CLAIM: Three Rivers has not been truthful in dealing with the State Reclamation Board. RESPONSE: Three Rivers provides monthly updates (initial report, supplement report, and verbal report) to the State Reclamation Board. Three Rivers’ goal in each of these reports is to provide accurate and timely information to the State Reclamation Board. If there is an error in one of these reports, Three Rivers will correct it. To the extent that any past reports provided incomplete or incorrect information, Three Rivers regrets the action and will work diligently to correct these errors.

14 Issue #7 CLAIM: Three Rivers has been illegally working on the levees during the winter months. RESPONSE: This was addressed in response to Issue #7.

15 Issue #8 CLAIM: A significant cut has been made into the Yuba River Levee and Three Rivers is hiding that from the State Reclamation Board. RESPONSE: Three Rivers was not aware of the cut until the issue was raised at the meeting. Three Rivers has since inspected the site and found that the cut was most likely caused by work on the seepage berm in The cut has not damaged the structural integrity of the levee (See HDR tech memo dated March 15, 2007). Three Rivers has requested, and State Reclamation Board staff has approved, a variance to Permit 17921GM to repair this cut during March 2007.

16 Issue #9 CLAIM: Three Rivers illegally constructed a detention basin on Cal Trans property adjacent to the seepage berm without an encroachment permit from the State Reclamation Board. RESPONSE: Three Rivers did not believe a permit was required. Nonetheless, Three Rivers has applied for a permit and the Reclamation Board is processing it.

17 Issue #10 CLAIM: The Yuba River Levee seepage berm was constructed later than originally planned. RESPONSE: That is correct. Three Rivers planned to construct in 2006 as part of slurry wall construction, but did not receive the necessary real estate rights until 22 January Three Rivers also originally believed this berm was not required for 100 year certification, thus allowing this element to slip until 2007 if necessary. During levee certification review the Corp requested constructed before certification.

18 Issue #11 CLAIM: The accepting of a permit from the State Reclamation Board is a commitment to perform all of the work contained within the permit within the time period identified within the permit. RESPONSE: An encroachment permit is an authorization from the State Reclamation Board to perform work – it is not a requirement that the work be performed. However, Three Rivers intends to construct all necessary program elements to obtain 200 year protection.

19 Issue #12 CLAIM: Yuba River Levees are now washing out as a result of the recent rains. RESPONSE: Three Rivers and RD784 do not have any indication that recent rains have severely eroded the Yuba levees. At the last subcommittee meeting pictures were presented that showed minor erosion along the levee. RD784 or Three Rivers will repair this minor erosion during normal maintenance work at the appropriate time.

20 Three Rivers Levee Improvement Authority March 22, 2007

21 Permit Seepage Berm Y u b a R i v e r F l o o d w a y CALTRANS Maintenance Yard Southern Pacific Railroad P r o j e c t L e v e e

22 Permit Slurry Wall Slope 3:1 Y u b a R i v e r F l o o d w a y P r o j e c t L e v e e Seepage Berm S P R R