Public Law and Non-Structural Alternatives to Levee Repairs

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1 Public Law and Non-Structural Alternatives to Levee Repairs Presented by: Mr. Jerry A. Skalak, CFM U.S. Army Corps of Engineers Rock Island District and Mr. Tom Oswald Iowa Homeland Security and Emergency Management Division

2 We don t always see eye-to-eye! Free Tibet! We don t always see eye-to-eye!

3 Emergency Flood Control Funds Act of 1955 (Public Law 84-99) - codified in Section 701n of Title 33 of the United State Code (33 USC 701n) and promulgated in Part 208 of Title 33 of the Code of Federal Regulations (33 CFR 208) PL Emergency Flood Protection Act of 1965, as amended, authorizes response before, during and after a disaster 99 The U.S. Army Corps of Engineers may provide assistance in the rehabilitation of flood control works projects only when repairs are clearly beyond the normal physical and financial capabilities of the project sponsor. Structures built for channel alignment, navigation, recreation, fish and wildlife, land reclamation drainage, interior drainage or to protect against land erosion are not flood control works and, therefore, are not eligible for assistance. Established eligibility criteria must also be met.

4 P.L eligible levees must Be a primary levee A primary levee is a complete unit, tied to high ground, designed for flood control Provide required minimum level of protection A 5-year level of protection for agriculture and 10-year level of protection for urban area. Have a public sponsor A public sponsor is required for other than a public entity. The sponsor must be a public agency such as a legal subdivision of a State or State government, local unit of government such as a county or city, a qualified Indian tribe or a state-chartered organization such as a levee board or district, drainage board or district. The sponsor will be required to co-sign an agreement for any assistance.

5 Benefits of being an active P.L levee Continuing technical support and assistance Annual and periodic inspections Preparation and upkeep of O&M Manual Inclusion in National Levee Database Post-flood event flood damage repairs or nonstructural alternative project implementation

6 Non-Structural Alternative Project Under the authority of PL 84-99, the Corps has the responsibility to identify and coordinate opportunities to implement non-structural alternatives to levee repairs with interested Federal, State, and local agencies following natural disaster events where flood control works are damaged. This is typically accomplished via an interagency levee work group or flood risk management team. The principle purposes of an NSAP are: floodplain restoration; provision or restoration of floodways; and/or reduction of future flood damages All systems considered eligible for PL NSAP implementation have to be active in the Rehabilitation and Inspection Program (RIP) prior to the flood event. Corps expenditures for implementation of an NSAP are limited to the lesser of either the Federal share of rehabilitation costs or Federal share of computed benefits which would be derived from structural rehabilitation Exceptions to this cost cap policy may be requested from HQUSACE. A sponsor Cooperation Agreement or Memorandum of Agreement is required..

7 Benefit-to-Cost Ratio The BCR must be >1.0 for levee repairs to be approved; an NSAP can be implemented in lieu of repairs if requested by the sponsor If the BCR <1.0 then the Corps will only support the implementation of an NSAP Non-Federal public sponsor must submit a written request for an NSAP. The Corps will not be responsible for the operation, maintenance, or management of any NSAP implemented under the PL authority The Corps may participate with one or more Federal agencies in implementing an NSAP.

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9 Iowa River Port Louisa National Wildlife Refuge Lake Odessa Division Louisa County #11 Levee District Nonstructural Alternative Project (NSAP) Wapello Louisa County #11 Levee District Mississippi River Port Louisa National Wildlife Refuge Horseshoe Bend Division (formerly Louisa County #8 Levee District) Two Rivers Levee & Drainage District Iowa River

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11 Calculating the BCR for Louisa County Levee District #11 Levee Repairs Following the 2008 Flood Event Estimate levee repair costs ($7.8 million) Determine flood frequencies (flood-stage exceedance probabilities) and seasonality of flooding Document active agricultural acres and cropping mix Calculate future crop damages and damages to residences and infrastructure associated with increased inundation Detour costs analysis Calculate average annual benefits/damages for with protection and withoutprotection conditions

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13 Louisa County Levee District #11 Easements map Presenter Name Presenter Title Duty Location Date of Presentation US Army Corps of Engineers US Army Corp of Engineers BUILDING STRONG BUILDING STRONG

14 Louisa County Levee District #11 BCR Inputs

15 Alternatives No repairs to levee/repair roads (no betterments) Pros/cons No repairs to levee/elevate roads (road betterments) Pros/cons Repair upper beaches only/repair roads (no betterments) Pros/cons Repair all breaches/repair roads (no betterments) Pros/cons

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17 Louisa County Levee District #11 NSAP Status Corps funded repair of upper levee breaches completed NRCS funded permanent easement acquisitions continuing FEMA funded residential buy outs or floodproofing measures completed

18 Green Island L&DD, Jackson County, IA Presenter Name Presenter Title Duty Location Date of Presentation US Army Corps of Engineers US Army Corp of Engineers BUILDING STRONG BUILDING STRONG

19 Presenter Name Presenter Title Duty Location Date of Presentation US Army Corps of Engineers US Army Corp of Engineers BUILDING STRONG BUILDING STRONG 19

20 Green Island Levee and Drainage District Jackson County, IA Confluence of Maquoketa and Mississippi Rivers Levee provided approximately 4% Annual Chance Exceedance (25 yr) protection to 1,363 acres of agricultural land and possibly several residential structures July 2010 flood event resulted in two major breaches Corps estimated cost to repair: $607,942 - Federal Cost: $506,742; Non-Federal Cost: $101, :1 BCR

21 Annual Damages, Costs, and Benefit-to-Cost Action Total Estimated Cost for Structural Repair Site A-Levee Breach at Station ,853 CY at $16.56/cy = $295,646 Site B-Levee Breach at Station ,518 CY at $16.56/cy = $107,938 Subtotal Estimated Construction Amount $403,584 Contingency Amount (10%) : $40,358 Subtotal Estimated Construction Cost: $443,942 Construction Management**: $62,000 Total Estimated Construction Cost: $505,942 Planning, Engineering and Design**: $102,000 Total Project Cost: $607,942 * The cubic yard (cy) unit cost for each of the items listed in the cost estimate incorporates the mob/demob, seeding, and placement costs, where required, in addition to the primary earthwork repair costs for the respective Site on the levee. The Green Island levee protects approximately 1,363 acres of agricultural production land. 66 percent of the cropland is planted in corn, 20 percent is planted in soybeans, and 14 percent is planted in winter wheat Total Acreage value (1,363 acres x $4,000*) = $5,452,000 * 2007 Iowa Land Values report, Iowa State University Extension. Benefits for repairing the levee were derived by comparing the average annual damages with and without the repair project. The Green Island levee protects approximately 1,363 acres of agricultural production land. 66 percent of the cropland is planted in corn, 20 percent is planted in soybeans, and 14 percent is planted in winter wheat The undamaged Green Island levee provides a 25-year (4 percent frequency) design level of protection. The damaged levees provide no protection (flooding will occur with less than a 2-year (50 percent frequency event). Annual Damages Without Project: $60,700 Annual Damages With Project: $10,100 Total Annual Damages Prevented (Benefits): $50,600 Crop Damage Reduction: $50,600 Structural Damage Reduction: 0 Total Structural Repair Project Costs: $607,942 Annualized at 4-3/8%, 10-year period: $76,400 Benefit-to-Cost Ratio: 0.66

22 Green Island NSAP Outputs Acquisition of permanent easements on all affected lands Address possible extended ponding along Highway 52 embankment Wetland restoration on acquired lands Removal or floodproofing of affected residential structures Acquisition of residual value of easement lands and fee title transfer to IA DNR for management

23 Green Island NSAP Coordination

24 NSA Project sponsor - Limestone Bluffs Resource Conservation and Development Area (RC&D) Limestone Bluffs Resource Conservation and Development Area, Inc. (RC&D) is a 501 (c) (3) nonprofit corporation registered in the state of Iowa. The RC&D serves as the sponsor for many projects. The Limestone Bluffs RC&D has administered grants from variety of federal, state and private funding sources and conducts audits of organization funds.

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26 Proposed non-structural project: Acquisition of permanent easements through NRCS Mississippi River Basin Healthy Watersheds Initiative (MRBI) and Wetlands Reserve Enhancement Program (WREP) Army Corps of Engineer s participation in NSA: $352,993 Corps NSA funding participation is 80 percent (non-federal levee system) of structural repair cost that would provide 1.0 B/C ratio Iowa Natural Heritage Foundation (restoration cost match) USFWS letter of support

27 NRCS Green Island Mississippi River Basin Healthy Watersheds Initiative (MRBI) Proposal

28 Green Island L&DD NSAP

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30 Challenges Green Island L&DD BCR Corps repair cost estimate vs local estimates One land owner s preference vs others Repair permitting Property tax concerns Commodity prices Residual value acquisition Advantages of an NSAP Levee District rec d emergency assistance in 1970, 1973,1975, 1985, 1986, 1993, 2001, 2008 Permanently avoid future levee damages and cropland and possible residential flooding Floodplain wetlands restoration ecological benefits Proximity to existing IA DNR conservation area High potential for subsequent acquisition of residual value Quality of life benefits (e.g. Iowa ranks 49 th out of 50 States in per capita public land) Current status NRCS MRBI WREP funding received NRCS initiating acquisition of permanent easements Corps NSAP funding participation commitment Corps developing MOA with NRCS and IA DNR(?) Awaiting local decision on levee repair Levee repair borrow site permit appeal processing

31 Some Take Aways Authority provided by P.L to identify, evaluate, and implement nonstructural alternatives needs to be broadly communicated and fully utilized. Need to develop plans for nonstructural alternatives for all levee systems. Cumulative affects of land use changes, e.g. NRCS wetland easement acquisitions, on future levee repair B/C ratios need to be recognized. Need to apply a more rigorous and comprehensive B/C ratio calculation process for levee repair decisions Need to improve process to expedite easement acquisition funding for NSAPs Continuous coordination and communication at all levels and between all interests is invaluable!

32 Questions? Comments? It wasn t raining when Noah built the ark! Thank you.