HomeMy WebLinkAbout20100119 - VIII-A-4MEMO
To Honorable Mayor and City Council
From: Tom Montgomery
Date: January 13, 2010
Re: Vermillion River Provisionally Accredited Levee
FEMA has required all flood control levees to be certified that they meet all
current federal requirements as part of their update of Flood Insurance Rate
Maps. The City's Vermillion River levee, which is 1,00o ft. long and located on
the east bank of the river north of CSAH 47 (see enclosed location drawing), came
under this provision in late 200 The City agreed to designate the levee as a
Provisionally Accredited Levee (PAL) with FEMA and was given until January 31,
2010 to certify the levee as meeting federal regulations.
The 2009 City budget included $55,000 for the studies needed to certify
the levee, and Barr Engineering was contracted with in April of last year to begin
this work. A draft report was completed in November shows the levee is
structurally sound and meets federal regulations with two exceptions:
The top of the levee needs to be raised approximately 2 feet over a
distance of loo feet immediately north of CSAH 47 in order to
provide the required 4 feet of freeboard over the loo year flood
needed upstream of bridges.
Install riprap on the levee over an area from the CSAH 47 bridge
to 150 feet upstream. Apparently riprap was never installed in
this area and studies show that the levee may be susceptible to
scour in this area during very high flows.
Due to budget constraints, weather conditions, and staff availability, the
levee raising and riprap repair was not completed last year and the City will not
be able to certify the levee by the January 31,2010 deadline.
Enclosed is FEMA 3o day notification letter that helps explain the
consequences of failing to meet their January 31,2010 deadline. In the first
paragraph on page 2 of FEMA's letter, FEMA notes that it will initiate a Flood
Insurance Rate Map revision to "deacredit" the levee system
and the areas protected by the levee will be remapped to show
they are subject to flooding during the lo o year flood. - ,
However FEMA also notes that this rema in to deacredit -L
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areas will take "no less than 18 months ". J� .
CITY OF HASTINGS
Public Works intends to use City forces to raise the levee and install the
required riprap this spring /summer. Approximately $20,000 in funding will be
needed to purchase the riprap and filter fabric and to hire an excavator to remove
sediment to place riprap down to the levee toe. This work will be completed well
in advance of FEMA's 18 month window revise their Flood Insurance Rate Map.
The estimated $20,000 cost for the levee repairs is proposed to be funded by the
Storm Water Utility.
Council Action Requested
No Council action is needed at this time. Prior to commencing levee
repairs, staff will ask for a budget amendment to fund this work.
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Hastings, MN
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HASTINGS LEVEE SYSTEM
WITH 100 -YEAR FLOODPLAIN
Levee Compliance
City of Hastings
Hastings, MN
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U.S. Department of Homeland Security
FEMA Region
536 South Clark street, 6th Floor
Chicago, IL 60605
0 F MA
ND 5
x
December 22, 2009
Mr. Tom Montgomery
Public Worts Director
City of Hastings
101 4th Street East
Hastings, MN 55033
City of Hastings Vermillion Diver Flood Protection Project
30-Day Notification of Provisionally Accredited Levee Period Expiration
Dear Mr. Montgomery:
This letter is to remind you of the upcoming January 31, 2010 deadline for the City of Hastings,
Minnesota ota to submit all data and documentation required to demonstrate that the levee system known
as the City of Hastings Vermillion Fiver Flood Protection Project is in full compliance with the
National Flood Insurance Program (NFIP) regulations cited in the Code of Federal Regulations
CF at Title 44, Chapter 1, Section 65.10 (44 CFR 65.10). on December 31, 2008, the Federal
Emergency Management Agency (FEMA) of the Department of Homeland Security sent your
community a letter acknowledging vledging and accepting your signed Pro Accredited Levee (PAL)
agreement (copy enclosed) for the levee system known as the City of Hastings Vermillion Diver
Flood Protection Project. That letter informed you that this levee system would be designated as a
PAL system on the new Digital Flood Insurance Date Ma. (DFIRM) for I al ota Cour1ty, Minnesota
during a 24 -month PAL period that started on January 31, 200 8. The PAL, designation is shown for
this levee on the Preliminary DFIRM for Dakota ota County, Minnesota and Incorporated .Areas.
The levee system was shown with the PAL designation during the 24 month PAL period to convey to
map users that verilication of the levee system's accreditation status was 'underway. FEMA
previously recommended that the levee system owner/operator(s) and the impacted communities
implement outreach efforts to inform affected propel owners that an assessment of the levee
system [s] was underway. FEMA also encouraged the purchase of flood insurance in the areas
impacted by the PAL system[s], although property owners are not federally mandated to purchase
flood insurance policies in these areas.
In accordance with 44 CPR 65.10, it is the responsibility of the community or other . party seeping
recognition of a levee system, to provide the data and documentation defined and outlined in 44 CFR
65.10. Specifically, the design and construction data provided must be certifted by a Registered.
Professional El ngineer or by a Feder l agency with responsibility for levee design. If you are able to
submit the required data and documentation and it is found. to be acceptable by FEMA, FEMA will
initiate a ma.p revision to accredit the levee system. FEMA will neap the areas impacted by the levee
system as a moderate-risk area., designated Zone X (shaded). The mandatory flood insurance
purchase requirements of the NF1P do not apply to structures in areas designated as Zone X (shaded),
nor do the NFIP minimum floodpl in management requirements.
www.fenja.gov
City of Hastings ermlllion River Flood Protection Project
Page 2 of
If you are unable to ubmit the required data and documentation by January 31, 2010 r if the
submitted data and documentation are determined to be inadequate, FEMA will initiate a map
revision to deaccredit the levee system] and map the impacted areas on the landward side of the levee
system. These areas will be rernapped as Special Flood 'Hazard Areas SFHA.s ; designated Zone AE.
The SFUIA is the area that is subject to flooding during the f-- percent- annual- chance flood. The
mandatory flood insurance purchase and minimum floodpla.rn management requirements of the NFIP
apply to structures within the SFH :A.
The mapping process from start to finish in situations where a levee system is proposed to be de-
accredited will take no less than 18 months. Data showing that the criteria of 44 C. R 65.1. o have
beep met can be submitted at any time during that period or after. Data submitted prior to a
community adopting the ] FIRM' or prior to the four month period that would precede the effective
date of the mapping project, whichever comes first, will be incorporated into the reaps prior to there
coming final.
Communities are encouraged to increase floodplain management efforts and. promote the purchase of
flood insurance for all holes and businesses in areas impacted by levee systems, including areas that
are impacted by levee systems that have been certified as providing I-percent. - annual.- chance flood
protection. Risk is dynamic and may not be completely eliminated by any levee system. Levee
systems are designed and built to provide a. certain level of flood protection and to reduce the risk
associated. with flooding events in general. Levee systems can be overtopped or fail during flood
events that exceed the design -level storm. Additionally, it is highly recommended that you consider
this risk in your local emergency ncy x anag m nt plans, including creating evacuation plans for this
area.
Please send all complete 44 CFR. 65.1 o data and documentation submissions to my attention on or
before January 31, 2010. If you have questions or need additional infor a.tion regarding the flood
mapping for- your community, please contact Suzanne Vermeer by telephone at 12- 408 -5245, or by e-
mail at Su anne.V'ermeer @dhs.gov.
Sincerely,
Af
Norbert F. Schwartz
Mitigation Division Director
F MA, Region V
Enclosures: Signed PAL Agreement
cc: Mr. David Osberg, City Administrator, Hastings, NW (letter only)
Mayor Paul Hicks, Hastings, SIN (letter only)
Mr. Dana Werner, United States Army Corps of Engineers, St. Paul District (letter only)
Ms. Ceil Strauss, Minnesota NF1P State Coordinator, MNI NR (letter only)
Ms. Suzanne Vermeer, F MA Region V (letter only)
Mr. Roger Denier, Regional Support Center 5 (letter only)
U.S. Senator Amy Klobucha.r, Washington D.C. Office (letter only)
U.S. Senator Al Fr nl en, Washington D.C. Office (letter only)
U.S. Representative tive John Kline, Washington D.C. Office (letter only)
www.feina.gov
P�
CITY OF
HASTINGS
CITY HALL
101 4th Street East
Hastings, MN 55033 -1955
651 - 480 -2350
'a: 651 -437 -7082
www.cl.hastings.mmu
c ityha11@ci.hastjngs.mn.us
Np&rthlent of
B u il ding saf ety
651 -2342
Engineering/
Plante /RWR
651-480-2334
1225 P rog ress breve
651-480-6185
'r
Parks .$z..
t , r
004kh Weet West
651 -6175
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10 3rd Street East
65 1480-230 0
Fir ,
115 5th Street We
651480 -6150
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{ 2801 d V '� " Bo ulevar d
6510 -6159
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Curti. e�tex�
Mal'Strt
651 - 480 -2392
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FE MA
attn: Lee Traeger
S . Clark St. 6th Floor
Chi IL 6o
Re: Request for Pro i io ally Accredited, Levee Designation
,
Dear Mr. Tr
Enclosed, please a copy of the letter of Agreement foram,
for provisionally accredited ted. levee designation rn
ation for the e' ron river
flood protection project signed by Hastings Mayor, Pau. Hicks. If you
have any questions or need more information, please contact me.
Sincerely,
Thomas M. Mo P
y
Public Works Director
City of a tmg
n. t
� a
S
Letter of Agreement to Comply With the Code of F cleral RegulationS, - - t - me 44, IOII 0DJU
(44 CFR 5 *1 and Request for Provisionally Accredited Levee (PAL) D
City of Hastings Flood Protectibn Project
We, the uu&,rsigned, have received the letter from FEMA dated November 1, 2007, and the enclosed
docuinent entitled "Requirements of 44 CFR 65. 10'x. We understalad that FEMA is in the. prone s of
providing updated flood y aps for Dakota County rid that the area behind the, levee system known
collectively as the City of Hastings. Floo,d Protection Project will be re mapped to reflect tk,t the levee
srtni has been desipated as a PAL.
F
To the best of our Imowledge, the levee system kaown collectively as the City of Hastings Flood
Protection Project meets the requirements of 44 CF . 65.10. We hereby submit to F M , . ithin 90 days
(before January 1, 2008) our agreement to provide FBMA with all the necessary information to show
that this levees stern oorn lies with 44 CFR 65.10, We understEuid that this documentation will be
required before January 31, 2010. This information Wi11 1lo w FEM move ove `orvar with the flood
mapping for Dakota County. We faily understand that if complete documentation of compliaince with
44 CFR 65.1 o is not provided within the des ignAted ti .efra e of 24 months, FEIAA ill ihitiate a.
revisi n to the Flood hisurance Rate Map t redesignate the area as floodprone,
Levee per Representative (signature)
(print)
Date:
Other (if applicable) (signature).
Date: ,