[Flood-Control] TSSWCB Flood Control Programs Update 11-23-2009

[TSSWCB]

*Texas State Soil and Water Conservation Board 
<http://www.tsswcb.state.tx.us/en/floodcontrol>*

*Flood Control Programs Update 
<http://www.tsswcb.state.tx.us/en/floodcontrol>***

 
Dear Flood Control Program Stakeholder:

If you are receiving this message you are subscribed to the Texas State 
Soil and Water Conservation Board's (TSSWCB) Flood Control Programs 
mailing list.  This was setup to allow us the ability to provide 
interested parties with updates on program news, rules, guidance, and 
documents.

The State Board met on Thursday, November 19, 2009, and took the 
following actions on Flood Control Program items:

*TECHNICAL STANDARDS*

The State Board considered the adoption of technical standards for 
certain operation and maintenance (O&M) activities, which if adopted, 
would require that those activities be performed to the extent specified 
in the technical standard prior to reimbursement being made.  This is a 
function that the State Board could exercise under §529.8 of the adopted 
program rules.  Specifically, the appropriate method for addressing 
large trees and stump removal was discussed.  During the Board meeting, 
agency staff recommended against adopting any technical standards at 
this time.  Due to the variability of conditions across the state, the 
State Board decided that the most effective approach for an O&M activity 
would best be known at the local level.  The State Board chose to leave 
the method and quality assurance of all O&M activities to the discretion 
of the local soil and water conservation district (SWCD) and dam 
sponsors.  No technical standards were adopted.

*STANDARD RATES FOR IN-KIND MATCH*

In accordance with §529.3(g) of the adopted program rules, the State 
Board is required to establish standard rates for assigning values to 
in-kind contributions performed by non-state entities when those in-kind 
contributions are used as match for a reimbursed O&M activity.  On 
September 17, 2009, the State Board adopted an initial set of rates.  On 
November 19, 2009, the State Board made additions to the rates based on 
agency staff recommendations.  The following new standard rates were 
added to the list:

    * 1.01C-Removal of woody brush or other undesirable vegetation from
      dam embankments, spillways, and plunge basins *(Mowing / Shredding
      Only)*.  $50.00 / Acre

    * 1.06B-Repairing soil erosion damage on dam embankments and
      spillways resulting from lack of vegetative cover *(includes the
      use of a dump truck)*.  $ 300.00 / Hour

    * 1.10B-Minor earth shaping and establishment of vegetation to
      repair a slope slide on a dam embankment *(includes the use of a
      dump truck)*.  $ 300.00 / Hour

    * 1.11B-Repair of wave erosion requiring minor earthwork and
      establishment of vegetation *(includes the use of a dump truck)*. 
      $ 300.00 / Hour

    * 1.12B-Repair of minor erosion from livestock and wildlife trailing
      on dam embankments or spillways *(includes the use of a dump
      truck)*. $ 300.00 / Hour

    * 1.13B-Repair of erosion from vehicles on dam embankments or
      spillways *(includes the use of a dump truck)*.  $ 300.00 / Hour

    * 1.15B-Repair of erosion in auxiliary (emergency) spillway from
      minor storm damage or livestock/wildlife trailing *(includes the
      use of a dump truck)*.  $ 300.00 / Hour

All of the above additions are subcategories of existing O&M 
activities.  Mowing/Shredding was added as 1.01 "C," and the use of a 
dump truck was added to existing 1.06, 1.10, 1.11, 1.12, 1.13, and 1.15 
in the form of  "B" to each item.  The originally adopted standard rates 
for these activities WITHOUT the use of a dump truck are still in 
effect.  The new standard rates are now available and are retroactive 
for all work performed subsequent to September 1, 2009.  If you have 
previously submitted an in-kind match report, please contact the TSSWCB 
immediately to modify your in-kind match balance with the agency.

*STRUCTURAL REPAIR GRANT PROGRAM RULES*

Rules for the Structural Repair Grant Program were approved by the State 
Board on November 19, 2009 to be published in the Texas Register for a 
30-day public comment period.  While we do not know at this time when 
the Texas Register will publish the rules, the TSSWCB has already made 
these proposed rules available on the agency website for review 
<http://www.tsswcb.state.tx.us/en/floodcontrol>.  Once published in the 
Texas Register, the TSSWCB will send you notification that the public 
comment period has begun.

* O&M GRANT PROGRAM RULES*

The State Board adopted rules for the O&M Grant Program on September 17, 
2009.  In order to make references between the adopted O&M program rules 
and the newly proposed structural repair program rules clear and more 
understandable, agency staff recommended the State Board propose minor 
changes to the O&M program rules.  Included in these proposed changes 
are a few typographical corrections, amendments to language to improve 
clarity of existing intent, and one substantive change relating to the 
addition of one definition.  Staff recommended the definition of 
operation and maintenance (O&M) be expanded to include minor maintenance 
of roads within an easement used in gaining access to a flood control 
dam for the purpose of performing O&M.  The expanded definition 
stipulates that such maintenance of roads would not be reimbursed by the 
State Board, but may be considered as an in-kind contribution of match.  
The State Board approved these proposed amendments to be published in 
the Texas Register for a 30-day public comment period.  While we do not 
know at this time when these proposed amendments will be published in 
the Texas Register, both the proposed amendments to the O&M rules and 
the proposed new repair rules should be published in the same edition of 
the Texas Register with the same comment period.  The proposed 
amendments to the O&M rules may be downloaded from the TSSWCB's website 
until they are formally published in the Texas Register.  The TSSWCB 
will send you a notification when the rules are published in the Texas 
Register.

* FLOOD CONTROL PROGRAMS DOCUMENT UPDATES*

The O&M Program Reimbursement Request Form and the In-Kind Match 
Reporting Form have been updated and made available on the TSSWCB's 
website.  Please begin using the updated versions of these forms 
immediately.

If you have questions about these items or other aspects of the TSSWCB's 
Flood Control Programs, please feel free to contact any of our program 
or field staff <http://www.tsswcb.state.tx.us/en/floodcontrol> at your 
convenience.

Thanks for your involvement and assistance in making these programs a 
success for Texas!



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