1. ASFPM – May 24, 2012 CASE STUDY – 408 PERMITTING AND LEVEE ACCREDITATION FOR WATERLOO, NEBRASKA ASFPM MAY 24, 2012 Presented by Randy Behm, PE, CFM Lalit Jha, PE, D.WRE, CFM

2. ASFPM – May 24, 2012 OVERVIEW Levee History and Background Regulatory Comparison Project Approach Problems and Challenges Lessons Learned

3. ASFPM – May 24, 2012 Just West of Omaha West Bank of Elkhorn River Population 728 Levee Constructed in 1967 by USACE Entire Village is in Protected Area LEVEE HISTORY AND BACKGROUND

4. ASFPM – May 24, 2012 Enrolled in USACE PL 84-99 Program Accredited Levee Since Early 1980’s PAL Agreement entered on Jan 15, 2008 Evaluation, Design and Permitting(2008-2010) Construction Started November 2010 Construction Completed October 2011 Accreditation Packet Submitted on April 2012 LEVEE HISTORY AND BACKGROUND

5. ASFPM – May 24, 2012 PAL PROCESS FEMA and Community Enter PAL Agreement Levee is Shown as PAL and Allowed to Continue to Show Protection on Flood Map Provides Two Years to Submit Documentation Meeting 44 CFR 65.10 Requirements After PAL Expires, FEMA Must Take a Minimum of 18 Months for Follow- Up Mapping Processes (but still initiates levee de-accreditation process) Recent Non-Accredited Levee Mapping Guidance - DRAFT process for mapping non-accredited levees, still being finalized

6. ASFPM – May 24, 2012 FEMA CRITERIA* (44 CFR 65.10) Freeboard Closures Embankment Protection Embankment and Foundation Stability Settlement Analysis Interior Drainage Operation Plan Maintenance Plan

7. ASFPM – May 24, 2012 LEVEE DE-ACCREDITATION IMPLICATIONS Mandatory Purchase of Flood Insurance – Federally Backed Loan = Mandatory Flood Insurance Development Restrictions Property Value/Re-Sale Concerns Economic Development Concerns Note: implications may be revised by new non-accredited levee mapping approach

8. ASFPM – May 24, 2012 USACE PL 84-99 PROGRAM Authorized through ER 500-1-1 (Civil Emergency Management Program) Levees systems participating in PL84-99 must meet O&M RRR criteria PL84-99 is not directly associated with FEMA levee certification Levee section (crown, side slopes, r-o-w, seepage berms) remain intact

9. ASFPM – May 24, 2012 USACE PL 84-99 PROGRAM USACE Reviews – Modifications Related to O&M (Minor 408 Permitting) Approval at District Level – System Changes to Levee Protection Level (Major 408 Permitting) Approval at HQ level

10. ASFPM – May 24, 2012 Sec – 408 Modifications (Major) Assessment Modifications requiring Chief of Engineers approval: o degrading (lowering) project o raising o realignment Analyses required for major modification o full range of loading (8 profiles)  upstream, downstream, adjacent to o system performance (levee and structures) o risk analysis USACE PL 84-99 PROGRAM

11. ASFPM – May 24, 2012 Sec – 408 Modifications (Major) Review Iterative process: o USACE district (initial, 60%, 90%, DrChecks) o agency technical review o type II Independent External Peer Review o USACE Division o HQUSACE USACE PL 84-99 PROGRAM

12. ASFPM – May 24, 2012 PROJECT APPROACH Phased Approach – Preliminary Evaluation – Detailed Evaluation – Design/Permitting and Construction – Accreditation

13. ASFPM – May 24, 2012 PHASE 1 – PRELIMINARY EVALUATION Levee Background Information Field Investigations Preliminary Hydrology & Hydraulics Preliminary Freeboard Assessment Levee Infrastructure Audit Preliminary Economic Impact

14. ASFPM – May 24, 2012 PHASE 2 – DETAILED INVESTIGATIONS Detailed Geotechnical Investigation Detailed Hydrologic and Hydraulics -Internal Drainage Evaluation -Risk & Reliability Analysis -Pump Station evaluation Alternatives Analysis Drainage Structure Evaluation

15. ASFPM – May 24, 2012 Any improvement of levee will need U.S. Army Corps of Engineers approval. Design Plans & Specifications Permitting & Coordination Post Construction Construction Implementation PHASE 3 – DESIGN AND CONSTRUCTION

16. ASFPM – May 24, 2012 PHASE 4 - ACCREDITATION Post-Construction – Verification of As-Built Condition and Meeting Project Intent – USACE O&M Manual Updates Accreditation Package – FEMA PM 63 – FEMA Tabbed Submittal – Bringing it All Together

17. ASFPM – May 24, 2012 LEVEE EVALUATION FINDINGS - Levee Improvement Needed

18. ASFPM – May 24, 2012 DESIGN AND PERMITTING Design of Improvements – Increase in Levee Height – Riverside Gatewell Improvements – Addition of Toe Drain – Accounting for O&M Deficiencies – Vegetation Permitting – 408 Permit – 404 Permit – Railroad – Department of Road – Floodplain – Others

19. ASFPM – May 24, 2012 CONSTRUCTION Construction – Contractor Coordination and Observation – Geotechnical Oversight – Phasing for NEPA – Vegetation Removal – Emergency Action Plan (EAP) Available/Designated Materials and Staff

20. ASFPM – May 24, 2012 LEVEE IN ACTION Elkhorn River Flooding (June 2010)

21. ASFPM – May 24, 2012 LEVEE IN ACTION Flooding Elkhorn River – Ice Jam Downstream (Feb 2011) EAP Implemented

22. ASFPM – May 24, 2012 PROBLEMS AND CHALLENGES Freeboard Geotechnical Interior Drainage Flood Warning Procedures

23. ASFPM – May 24, 2012 PROBLEMS AND CHALLENGES Time FEMA vs. USACE Regulatory Requirements An Acceptable Corps Inspection Rating, Alone, Does NOT Equate to an Accredited Levee for the NFIP

24. ASFPM – May 24, 2012 PROBLEMS AND CHALLENGES Funding – Little if Any Funding is Available at the National or State Levels – FEMA Mitigation Programs Specifically Exclude These Types of Projects – Communities Must Fund Improvements Themselves

25. ASFPM – May 24, 2012 CONCLUSIONS AND LESSONS LEARNED Evaluate Early Provide Routine Public Information Timeline for PAL Insufficient for Significant Improvements Coordinate with USACE Early Evaluation Criteria of FEMA and USACE Are NOT the Same Quality Geotechnical Evaluation Construction Operations Sequencing/Scheduling Vegetation Removals and Management Emergency Action Plan and Preparedness

26. ASFPM – May 24, 2012 NATIONAL POLICY CHALLENGES AND EMERGING ISSUES Higher Standards for Levees (500-Year/0.2% Annual Chance Flood) FEMA Non-accredited Levee Mapping Approach Mandatory Flood Insurance Behind Levees? Railroad Highway Embankment Issues Funding (or lack thereof)

27. ASFPM – May 24, 2012 MANAGING RESIDUAL RISK Graphic Courtesy of U.S. Army Corps of Engineers

28. ASFPM – May 24, 2012