From: To: Subject: Date: SELF, JEFFREY D AGUILAR, DAVID V; COLBURN, RONALD S waiver update Saturday, March 29, 2008 11:08:39 AM Chief, As I said last night the waiver signing for the SWB and the 22 miles of the RGV Levee Project will more than likely take place on Monday with the roll out being on Tuesday. There will be a brief to S-1 on Monday late morning on the waiver and fence issues. I don’t know if OBP will be attending this meeting yet but I’m looking into it. Yesterday morning C-1 and Greg met with S-2, the meeting lasted for about 4 hours and according to Greg S-2 was very upset with what he was hearing about the fence projects as they pertain to the waiver, the status of the levee project and issues that were holding it up. It’s my understanding from Greg that his frustration was the result of him not understanding what was being briefed to him. That’s what led to last night meeting which went very well. Greg came prepared with maps and issue papers which answered all of S-2 questions. They are now prepared to take the waiver brief to S-1 to get him comfortable with signing the waivers. The issues and concerns are listed below. Fence Confusion over 102 miles of VF to be built by SBInet in 2009, C-1, S-2 and everyone to include OBP never knew anything about these VF 2009 projects. S-2 wanted an explanation for these projects. The explanation for this was that when SBInet asked for us to identify VF projects so we could meet the 300 miles of VF the Sectors came back with an additional 102 mile of VF over the 300 that was required. SBI made plans to build these 102 miles during 2009. There was added confusion when Greg briefed that some of these 102 miles of VF project areas scheduled for 2009 would be used as contingency miles during 2008 if we had problems with VF projects. S-2 apparently couldn’t grasp this until we showed him the process on a map. There was concern with implementing the waiver on DOI lands for the 2009 VF projects but this was satisfied with the explanation that these 2009 projects also serve as contingency miles that may be need to make the 670. SBI had identified the contingency miles project areas to be waived. S-2 took this to mean that SBI was asking the Secretary to exercise the waiver in areas where we had no plans to build fence. Although this may end up being true he did not understand how important this may be for us to reach the 670. After seeing it explained using a map he understood. There was confusion with the contingency miles in that Brian White thought the utilization of contingency miles meant we would be building more than the 670 translating into spending more funds than were available for fence. When Greg explained that the utilization of the contingency miles was an equal trade off (1 mile for 1 mile) they were satisfied. However Greg did explain that there may be additional cost with going to contingency miles in that it may have been cheaper to build in the priority are vs. the contingency area. The problem is that we may have a situation where we start construction in a priority area and we spend funding for that project but then we confront a problem that dictates we go to a contingency area. This will add additional cost that we don?t have. There was a question as to if contingency miles were actually operationally impacting. The answer was was briefed that they would only be used if we had a problem in a priority area and it would simply be done to make the deadline and the needed number of miles. There was a question as to if all the outreach has been done in the contingency miles. The answer is that all the outreach has been done for advised that this is in process. RGV Levee project There are man issues with this that are bein worked with progress. They are . This is Hildalgo doesn?t think we have because we have told them we on . everyone a we 0 ave to do this and directed th to leave the room and call Hildalgo an em that we can do this. Hildal is concerned It was determined that we don?t need in that we will do a F. The problem with this is that at the end of this the project needs to own someone other than the Federal Government. The Federal Government cannot benefit from a cooperative agreement. This is being worked with IBWC, Hildalgo and SBI. It is being said by the engineers that this project can?t be completed by December 08. Next step is for Hidalgo to ?le a grant application. There are still a lot of issues with this project but they are being worked.