Federal Emergency Management Agency_Senator Harkin Letter, DFIRMMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Letter from FEMA to Senator Tom Harkin
DATE: October 26, 2010
The Federal Emergency Management Agency (FEMA) sent a letter dated October 7,
2010, to Senator Tom Harkin in response to his August 16, 2010 letter that requested
FEMA's assistance in extending the mandatory 90 -day appeal period for adoption of a
new Digital Flood Insurance Rate Map (DFIRM) for the City of Dubuque.
Planning Services Manager Laura Carstens recommends City Council authorization of a
response letter to FEMA to be signed by Mayor Roy Buol which outlines the City's
concern with the FEMA DFIRM mapping project as it affects the City of Dubuque and
clarifies the inclusion of the Julien Dubuque Monument in a special flood hazard area.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mi ael C. Van Milligen
Dubuque
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2007
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Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
Rick Dickinson, Executive Director and Chief Operating Officer, Greater Dubuque
Development Corp.
Molly Grover, President and Chief Executive Officer, Dubuque Area Chamber of
Commerce
Angela Petsche, Executive Director, Washington Neighborhood Development
Corporation
Dan LoBianco, Executive Director, Dubuque Main Street
Masterpiece on the Mississippi
TO: Michael Van Milligen, City Manager >
FROM: Laura Carstens, Planning Services Manager — sr" —
SUBJECT: Letter from FEMA to Senator Tom Harkin
DATE: October 21, 2010
Dubuque
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AU-America Cfty
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2007
INTRODUCTION
This memorandum transmits a response to the Federal Emergency Management
Agency (FEMA). FEMA recently sent a letter to Senator Tom Harkin in response to his
August 16, 2010 letter that requested FEMA's assistance in extending the mandatory
90 -day appeal period for adoption of a new Digital Flood Insurance Rate Map (DFIRM)
for the City of Dubuque. Copies of the letter from Sandra K. Knight, Deputy Federal
Insurance and Mitigation Administrator for FEMA and a copy of Senator Harkin's letter
are attached.
DISCUSSION
The October 7, 2010 FEMA letter reviewed the 90 -day appeal period time frame for
Dubuque County and explained FEMA's existing map revision requests procedure.
FEMA's letter concluded by indicating that due to scale limitations, a DFIRM cannot
reflect every rise in terrain and some areas of high ground may be included in special
flood hazard areas. The FEMA letter then went on to use this as justification for
including the Julien Dubuque Monument as being in a special flood hazard area, and
that FEMA will re- evaluate its inclusion because more accurate topographic information
had been provided for the area.
Ms. Knight's letter to Senator Tom Harkin does not really provide any new information,
and in some ways, inaccurately portrays the process the City of Dubuque has been
going through while working with FEMA to correct errors in the preliminary DFIRM. The
letter states that FEMA "applies rigorous standards." This was not done in Dubuque's
case as they did not provide a map based on a detailed study. Attached is a letter from
Mayor Roy Buol to Sandra K. Knight that outlines the City's concern with the FEMA
DFIRM mapping project as it affects the City of Dubuque and clarifies the inclusion of
the Julien Dubuque Monument in a special flood hazard area.
REQUESTED ACTION
The requested action is for the City Council to authorize transmittal of the attached letter
from Mayor Buol in response to FEMA's letter to Senator Harkin.
Attachments
cc: Gus Psihoyos, City Engineer
Deron Muehring, Civil Engineer
Tim O'Brien, Assistant City Attorney
Kyle Kritz, Associate Planner
Teri Goodmann, Assistant City Manager
Dubuque
THE CITY OF
DUB 11111
Masterpiece on the Mississippi 2007
Sandra K. Knight, PhD, PE
Deputy Federal Insurance & Mitigation
Administrator, Mitigation
U. S. Department of Homeland Security
500 C Street, SW
Washington DC 20472
Dear Ms. Knight:
Office of the Mayor and City Council
50 West 13th Street
Dubuque, IA 520014805
(563) 589 -4120 phone
(563) 589 -0890 fax
(563) 690 -6678 TDD
November 1, 2010
This letter is in response to your October 7, 2010 letter to Senator Tom Harkin
regarding his letter dated August 16, 2010 in which Senator Harkin requested
assistance in extending the mandatory 90 -day appeal period for the adoption of the
new Digital Flood Insurance Rate Map (DFIRM) for the City of Dubuque.
As you are aware, after reviewing FEMA's preliminary DFIRM sent to the City in July
2009, City staff found extensive errors in the mapping of both the existing and new
Special Flood Hazard Areas (SFHA). The City's primary concern is that the new
preliminary DFIRM designates areas as being in a Zone A that do not provide base
flood elevations, but does carry a mandatory insurance requirement for those property
owners with mortgages. In particular, the City of Dubuque is extremely concerned by
the inclusion of over 1,700 structures, mainly on the city's North End, as being in a
Zone A that has never been designated as a flood plain in the past. The City currently
has approximately 70 structures in designated flood plains throughout the entire
community.
The North End of Dubuque is a predominantly older, low to moderate income
neighborhood, where the City has promoted re- development and homeownership for
many years. The designation of this area as a Zone A will reverse years of progress
and likely contribute to disinvestment in this crucial area of our community.
In your letter to Senator Harkin, you review the City's appeal period, which concluded
on August 26, 2010, and which the City did provide a technical appeal, by the deadline.
You also reviewed FEMA's existing process for requesting map revisions.
The City of Dubuque is on record as being supportive of FEMA's project to update the
nation's flood maps. However, the methods used for the City of Dubuque by FEMA's
consultant to determine Zone A flood plains is not up to standards any community
would be held to by FEMA to make changes to our flood plain maps as you described
Letter to Sandra Knight, FEMA
November 1, 2010
Page 2
in your letter. FEMA's consultant used 10 meter U. S. G. S. contour data even though
the City of Dubuque had offered in 2005 the use of the City's two -foot contours from our
GIS. In addition, when FEMA held the community meeting on February 23, 2010, Rick
Nunz of FEMA's Region VII Office in Kansas City, Missouri, indicated that they would
use the City's two -foot contour data from our GIS, but indicated that the revised DFIRM
would likely not be available until after our 90 -day appeal period had expired.
Given the number of citizens impacted by FEMA's preliminary DFIRM, the City felt we
had no option but to hire our own consultant to evaluate storm water issues on the city's
North End. The City of Dubuque retained the services of CDM for doing a more
detailed analysis of the city's North End and Bee Branch areas as well as a segment of
the North Fork of the Catfish Creek as a technical appeal of FEMA's preliminary DFIRM
for the City of Dubuque. The consulting firm substantially completed their work by the
August 26 appeal deadline, when it was submitted to FEMA for consideration. I will
note that this was an additional expense to the City of $50,000 that the citizens of
Dubuque had to spend to ensure that the City has the most accurate flood plain maps
possible.
Your letter to Senator Harkin indicated that the Julien Dubuque Monument was included
in a special flood hazard area because of scale limitations of the DFIRM. The City, in
our initial correspondence with FEMA on errors that we found, indicated that the
existing Flood Insurance Study for the City of Dubuque has a detailed study for this
area that shows that the Julien Dubuque Monument sits at an elevation 738 feet above
sea level. The Mississippi River and adjacent Catfish Creek flow at a height of 610 feet
above sea level during a 100 -year flood, a mere 128 feet below the Julien Monument.
To date, FEMA has not corrected this obvious error with a new DFIRM panel. The City
of Dubuque cannot fathom how scale limitations would account for a 128 -foot error and
illustrate why the City is reluctant to accept the preliminary DFIRM that was produced
by FEMA's consultant.
Your letter to Senator Harkin states that FEMA "applies rigorous standards." This was
not done in Dubuque's case as they did not provide a map based on a detailed study
for the Julien Dubuque Monument. This also was not done for the new Zone A flood
areas not previously designated. An approximate study was used to which the City of
Dubuque has consistently objected.
Attached to this letter is a copy of the information that went to Kevin C. Long, Acting
Chief, Engineering Management Branch, Mitigation Directorate, and Beth Freeman,
Administrator, FEMA Region VII that outlines the City's technical appeal of the DFIRM
for the City of Dubuque. This document provides an overview of the City's concerns
regarding the preliminary DFIRM, information that has been provided in the technical
appeal to address the City's concerns, and a listing of the contacts and meetings and
information sent to FEMA staff over the last year and a half.
Letter to Sandra Knight, FEMA
November 1, 2010
Page 3
Thank you for your attention to this matter. Please feel free to contact Planning
Services Manager Laura Carstens with any questions or information requests at
563.589.4210 or IcarstenAcityofdubuque.orq
Sincerely,
Roy D. Buol
Mayor
Enclosures
cc: City Council Members
Michael Van Milligen, City Manager
Barry Lindahl, City Attorney
Tim O'Brien, Assistant City Attorney
Teri Goodmann, Assistant City Manager
Laura Carstens, Planning Services Manager
Kyle Kritz, Associate Planner
Gus Psihoyos, City Engineer
Deron Muehring, Civil Engineer
Roger Benson, FEMA Region VII
Melissa Janssen, FEMA Region VII
Rick Nusz, FEMA Region VII
Bill Cappuccio, Iowa Department of Natural Resources
Anna O'Shea, Dubuque County Zoning Administrator/ Flood Plain Administrator
The Honorable Tom Harkin, U.S. Senate
The Honorable Charles Grassley, U.S. Senate
The Honorable Bruce Braley, U.S. House of Representatives
Sherry Kuntz, Legislative Aide, Senator Grassley's Office, Washington D.C.
Richard Bender, Senior Legislative Assistant, Senator Harkin's Office,
Washington D.C.
Dan Smith, Senator Harkin's Office, Cedar Rapids, IA
Linda Lucy, Senator Harkin's Office, Dubuque, IA
Mike Goodman, Legislative Director, Representative Bruce Braley's Office,
Washington D.C.
Pete DeKock, District Administrator, Representative Braley's Office, Davenport,
IA
John Murphy, Representative Bruce Braley's Office, Dubuque, IA
Amanda Wilson, AECOM, 2405 Grand Blvd, Suite 1000, Kansas City MO 64108
10/13/2010 09:39 FAI 282 sae
The Honorable Tom Harkin
United States Senator
150 First Avenue Northeast, Suite 370
Cedar Rapids, Iowa 52401
Dear Senator Harkin:
U.S. Department of Homeland Security
100 C Street, SW
Washington, DC 20472
FEMA
Thank you for your letter dated August 16, 2010, to the Federal Emergency Management Agency
(FEMA), Department of Homeland Security, on behalf of the Honorable Roy Buol, Mayor of
Dubuque, Iowa. Mayor Buol requested your assistance in extending the mandatory 90-day appeal
period for the adoption of the newDigitai Flood Insurance Rate Map (DFIRM) for Dubuque County.
The DFIRM appeal period for Dubuque County began on May 28, 2010, and ended on
August 26, 2010. During this period, community officials and citizens had the opportunity to submit
appeals and comments regarding the new preliminary DFIRM panels and accompanying Flood
Insurance Study report, which included floodplains bued on data submitted by the City of Dubuque.
Appeals must be supported by technical or scientific data. FEMA is now addressing the appeals and
comments submitted within the 90-day appeal period. When all Appeals have been resolved, a
six - month "adoption /compliance" period begins. During this time, communities enact any new or
modified floodplain management ordinances required for participation in the National Flood
Insurance Program (NFIP).
At any time, city officials may submit a map revision request to FEMA that includes additional
information for the city's north end and Bee Branch areas and segments of the North Fork of
Catfish Creek, in accordance with Part 65 of the NFIP regulations. To help communities compile
the data required to support map revision requests, FEMA has developed a package of step -by -step
instructions and forms called the MT -2 application forms package. For further guidance on the
appeals process, the city may use the FEMA brochure, Appeals, Revisions, and Amendments to
National Flood Insurance Program Maps: A Guide for Community Officials. This brochure can be
found on FEMA's website at http:// www. fema .gov /library/viewRecord.do ?id =3448. When FEMA
receives the community's map revision request, the forms and data will be reviewed. If appropriate,
FEMA will either physically revise and reissue the DFIRM or issue a Letter of Map Revision, which
revises the DFIRM without reissuing it.
An area designated as a Special Flood Hazard Area (SFHA) on a DFIRM has a significant Likelihood
of flooding, and a Federal flood insurance requirement applies to structures in SFHAs that carry a
mortgage backed by a federally regulated Iender or servicer. FEMA uses the best data available and
applies rigorous standards in developing DFIRMs. Because of scale limitations, however, a DFIRM
cannot reflect every rise in terrain, and some areas ofhigh ground may be included in SFHAs.
www.fema.gov
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10/13/2010 09:40 FAX 202 646 3600
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Because more accurate topographic information has been provided in the area near the
Julien Dubuque Monument, that data will be used to redelineate the SFHA and create a more
accurate SFHA boundary along the Mississippi River waterfront.
I hope this information is helpful to you in addressing the concerns of the City of Dubuque. If you
need additional information or assistance, please have a member of your staff contact the FEMA
Legislative Affairs Division by telephone at (202) 646 -4500.
Sincerely,
FEMA
l imAvti I f6-
l w Sandra K. Knight, PhD, PE
Deputy Federal Insurance and Mitigation Administrator, Mitigation
cc: Senator Harkin's Washington Office
Beth A. Freeman, Regional Administrator, FEMA Region VII
Robert G. Bissell, Director, Mitigation Division, FEMA Region VII
W 003/007
TOM HARKIN
IOWA
150 FIRST AVENUE, NE
SUITE 370
CEDAR RAPIDS, IA 52401
(319) 365 -4504
Craig Fugate
Federal Emergency Management Agency
500 C Street SW Room 828
Washington, District of Columbia 20472 -3198
Dear Mr. Fugate:
I am writing to express my full support of Mayor Roy Buol's request for a delay in
the 90 -day appeal period for the preliminary Digital Flood Insurance Map (DFIRM) for the
City of Dubuque. The City of Dubuque has been working to supply scientifically sound
data to FEMA including, at their expense, establishing base flood elevations based on State
of Iowa data far more accurate than that used by FEMA. According to city officials, they
are most concerned with 1,700 new properties being designated as Zone A that will require
flood insurance, but will not have base flood elevations and in many cases, are clearly not
located in the floodplain.
The City of Dubuque has retained the services of a professional engineering firm for
a more detailed analysis of the city's North End and Bee Branch areas as well as segments
of North Fork of the Catfish Creek. This study will establish base flood elevations and the
100 -year flood boundaries. Work on the study is expected to finish at the end of the
August, and the 90 -day appeal period is set to expire on August 26, 2010. For that reason, I
am requesting that the affected parties have an opportunity to review and comment on any
proposed changes to the DFIRM after the original comment period has concluded.
It is my understanding that the city has documented numerous properties requiring
flood insurance under the preliminary DFIRM, including the Julien Dubuque Monument
which sits 145 feet atop a bluff overlooking the Mississippi River. It appears that
approximate mapping is best suited for rural, undeveloped areas versus established, urban
areas such as those under consideration in Dubuque. Under the circumstances, I
respectfully request that your office review the policies and procedures for using
approximate mapping for base flood elevations.
While it is critical that Flood Insurance Maps are updated - a goal I fully support - it
is equally vital that it is done accurately and sensibly. I hope that you will give every
consideration to Mayor Buol's request for an extension of the appeals process for the
210 WALNUT STREET
733 FEDERAL BUILDING
DES MOINES, IA 50309
(515) 284-4574
United *tates senate
WASHINGTON, DC 20510 -1502
August 16, 2010
1606 BRADY STREET
SUITE 323
DAVENPORT, IA 52803
(563) 322-1338
350 WEST 6TH STREET
315 FEDERAL BUILDING
DUBUQUE, IA 52001
(563) 582-2130
(202) 224-3254
Fax: (202) 224 -9369
TTY (202) 224 -4633
http://harkin.senate.gov
COMMITTEES:
AGRICULTURE
APPROPRIATIONS
HEALTH, EDUCATION,
LABOR, AND PENSIONS
SMALL BUSINESS
320 6TH STREET
110 FEDERAL BUILDING
SIOUX CITY, IA 51101
(712) 252-1550
preliminary DFIRM, allowing the City of Dubuque time to prepare and gather
necessary data and documentation.
Thank you in advance for your consideration of this important matter. Should you
need any additional information, please do not hesitate to contact Dan Smith in my Cedar
Rapids office.
TH/DS
Sincerely,
9O AL
Tom Harkin
United States Senator
Dubuque Office of the Mayor and City Council
lb did City Hall
✓lIkeerkatlr 50 West 13 Street
.,.. -: ,.:.. -.. , � I r Dubuque, Iowa 52001 -4864
,:..: ..,: ::; e . - (563) 589 -4120 office
h!�li$f21'ilt ii OYt, t 'Mz • 2007 (563) 589 -0890 fax
THE C) f OF
VIA EMAIL
Kevin C. Long, Acting Chief
Engineering Management Branch
Mitigation Directorate
Federal Emergency Management Agency
500 C Street SW
Washington DC 20472
Beth Freeman, Administrator
FEMA Region VII
9221 Ward Parkway, Suite 300
Kansas City MO 64114 -3372
August 25, 2010
SUBJECT: City of Dubuque Technical Appeal of FEMA Preliminary DFIRM
Dear Mr. Long and Ms. Freeman:
This letter provides the initial documentation from the City of Dubuque constituting a
technical appeal of FEMA's preliminary DFIRM for the community. This letter transmits
preliminary findings on behalf of the impacted property owners and lessees. The City of
Dubuque requests an extension of our 90 -day technical appeal period to enable our
consultants to complete their analysis. A hard copy of this letter and its enclosures will
follow.
As you are aware, after reviewing FEMA's preliminary DFIRM sent to the City in July
2009, City staff found extensive errors in the mapping of both existing and new flood
plain areas. The City's issue with the preliminary DFIRM is the new areas designated
as being in a Zone A. Zone A designation does not provide base flood elevations, but
does carry a mandatory insurance requirement for those property owners with
mortgages.
In particular, the City of Dubuque is extremely concerned by the inclusion of over 1,700
structures, mainly on the North End, in a Zone A that has never been designated as a
flood plain in the past. The City currently has approximately 70 structures in designated
flood plains.
Service People Integrity Responsibility Innovation Teamwork
City of Dubuque Technical Appeal of FEMA Preliminary DFIRM
Page 2
The North End of Dubuque is a predominantly older, low to moderate income
neighborhood, where the City has promoted redevelopment and homeownership for
many years. The designation of this area as a Zone A will reverse years of progress
and likely contribute to disinvestment in this crucial area of our community.
The City of Dubuque is on record as being supportive of FEMA's project to update the
nation's flood maps. However, the methods used to determine the Zone A areas in
Dubuque are not up to the standards that any community would be held to by FEMA to
make changes to our flood plain maps, either currently or in the future. City staff has
found errors in FEMA's preliminary DFIRM that include the Julien Dubuque Monument
on top of a bluff being in a 100 -year flood plain, that a Zone A area is mapped going up
the side of a bluff, that the elevation of the 100 -year flood is 20 feet higher on the right
side on the bank than it is on the left side, to name just a few.
FEMA did agree to use the City's two -foot contour data from our GIS, but indicated the
revised DFIRM would likely not be available until after our 90 -day appeal period has
expired on August 26, 2010.
Consequently, the City of Dubuque has retained the services of CDM to do a more
detailed analysis of the City's North End and Bee Branch areas as well as a segment of
the North Fork of the Catfish Creek as a technical appeal of FEMA's preliminary DFIRM
for the community. The consulting firm will complete work by the end of the August.
This is an additional expense to the City of $50,000 that the citizens of Dubuque will
have to spend to insure that the City has the most accurate flood plain map possible.
The City continues to work with FEMA officials as well as keeping our elected
representatives at the State and Federal levels informed on our efforts to have the most
accurate DFIRM possible for our community.
Thank you for your attention to this matter. Please feel free to contact Planning
Services Manager Laura Carstens with any questions or information requests at
563.589.4210 or Icarsten @citvofdubuque.org.
Sincerely,
Roy D. Buol
Mayor
Enclosures
cc: City Council Members
Michael Van Milligen, City Manager
Service People Integrity Responsibility Innovation Teamwork-
City of Dubuque Technical Appeal of FEMA Preliminary DFIRM
Page 3
Barry Lindahl, City Attorney
Tim O'Brien, Assistant City Attorney
Teri Goodmann, Assistant City Manager
Laura Carstens, Planning Services Manager
Kyle Kritz, Associate Planner
Gus Psihoyos, City Engineer
Deron Muehring, Civil Engineer
Roger Benson, FEMA Region VII
Melissa Janssen, FEMA Region VII
Rick Nusz, FEMA Region VII
Bill Cappuccio, Iowa Department of Natural Resources
Anna O'Shea, Dubuque County Zoning Administrator/ Flood Plain Administrator
The Honorable Tom Harkin, U.S. Senate
The Honorable Charles Grassley, U.S. Senate
The Honorable Bruce Braley, U.S. House of Representatives
Sherry Kuntz, Legislative Aide, Senator Grassley's Office, Washington D.C.
Richard Bender, Senior Legislative Assistant, Senator Harkin's Office,
Washington D.C.
Dan Smith, Senator Harkin's Office, Cedar Rapids, IA
Linda Lucy, Senator Harkin's Office, Dubuque, IA
Mike Goodman, Legislative Director, Representative Bruce Braley's Office,
Washington D.C.
Pete DeKock, District Administrator, Representative Braley's Office, Davenport,
IA
John Murphy, Representative Bruce Braley's Office, Dubuque, IA
Amanda Wilson, AECOM, 2405 Grand Blvd, Suite 1000, Kansas City MO 64108
Service People Integrity Responsibility Innovation Teamwork
Memorandum
To: Deron Muehring, Engineering Department, City of Dubuque, IA
From: Susen Gali, CDM
Date: August 25 2010
Subject: Data Used for Developing the Bee Branch Watershed Preliminary
Floodplain Map
CDM has been tasked to develop preliminary floodplain mapping based on a detailed study
for the Bee Branch Watershed. This memorandum serves to present preliminary results and
present the data used and assumptions made for developing the preliminary floodplain
mapping.
1. Hydrology and Hydraulic Modeling
• In accordance with FEMA guidelines, CDM is using a hydrology model that they built
in 2004 using HEC -HMS; a computer program developed by the US Army Corp of
Engineers. The HEC -HMS model was updated to reflect the Carter Road Detention
Basin that was constructed in 2003 and the W. 32nd Street Detention Basin that was
constructed in 2008 -09. Per FEMA guidelines, the 100 -year 24 -hour storm was used for
producing the peak runoff flows.
• In accordance with FEMA guidelines, CDM is using a SWMM 4, hydraulic model that
they built in 2004. The SWMM 4 computer model that was developed by the US EPA
was used for routing the hydrographs through the storm sewer conduits.
• 594.3 elevation was used for the Mississippi River stage as the is the normal, or 50%
exceedance, river stage based on data from the US Army Corp of Engineers.
• CDM is in the process of updating the 2004 hydrology and hydraulic models in
accordance with the FEMA's guidelines, policies and specifications.
2. Topography Data
• 2Q09 electronic contour data from City of Dubuque was used for delineating the
floodplain. The contours are 2 -foot contours with a stated accuracy of one foot. Based
1
Bee Branch Watershed
August 25th, 2010
Page 2
on City survey data, the accuracy of the Cit contour data has been found to be
within a half foot.
"3. Assumptions
• Consistent with the US Army Corp of Engineers' conclusion, the Bee Branch
watershed peak stages are independent of Mississippi River peak stages.
o Free outfall from the 16th Street detention basin to Mississippi River
Levee along the Mississippi River is certified and the Mississippi River peak stages
will not have impact on the Bee Branch Watershed.
• 100 -year 24 -hr is assumed to be the critical storm for the Bee Branch Watershed.
Further critical duration analysis is required to identify the critical storm' which
produces the peak discharges and stages for the watershed. Depending on the
identified critical storm the floodplain boundary will change for the watershed.
4. Preliminary Findings
• The preliminary peak runoff flows predicted using the detailed HEC -HMS model is
significantly less than the flows predicted by FEMA using approximate regression
equations.
o The preliminary flood plain limits for the Bee Branch are significantly less than the
limits reflected in the DFIRM currently being considered for adoption by FEMA. This
could be attributed to the decreased peak flows and the use of 2 -foot contours utilized
by CDM versus the 10 -meter contours utilized by FEMA.
2
ANALYSIS OF DUBUQUE'S FEMA FLOOD MAP ISSUES
INTRODUCTION
The City of Dubuque has requested repeatedly that FEMA remove new flood areas
previously not designated from the preliminary Digital Flood Insurance Rate Map
(DFIRM). A timeline of the City's interaction with FEMA and others about the preliminary
flood map for our community is enclosed.
FEMA has proposed a flood map that would significantly expand the number of
properties in the city designated as being in a regulated flood plain from 70
structures to over 1,700 structures!
DUBUQUE'S NFIP COMMITMENT
The City of Dubuque was the first community in Iowa to join the National Flood
Insurance Program (NFIP) on April 2, 1971. The City's current flood map is from 1989.
The City has regulated floodplain development since 1990. Dubuque has been very
conscientious meeting NFIP requirements: never approving a variance from the NFIP
requirements, never allowed a single new residential structure to be built in any flood
hazard area. The only new structures built in flood hazard areas have been commercial
structures elevated and /or flood proofed in compliance with the NFIP requirements.
The City of Dubuque supports FEMA's nationwide effort to have accurate flood plain
maps. We want accurate maps, too. Our concern is that FEMA is not accurately
mapping flood plains in our community.
FLOOD INSURANCE IMPACTS
The most significant impact of having a property in a flood plain is that new construction,
new additions and even the existing structures may have to be elevated or flood proofed
as part of any substantial improvement to a property. In approximate flood zones (A
zones), base flood elevations haven't been determined, so the property owner first must
hire an engineer to determine these elevations in order to determine how high an
addition or a new structure must be elevated. Placing this cost burden on Dubuque
property and business owners in the new approximate zones is unacceptable.
Information about the flood insurance impacts of the proposed DFIRM is enclosed.
FEMA MAPPING ERRORS
The inaccuracies that City staff found in the preliminary map will make it difficult to
enforce NFIP requirements in areas newly designated as a flood hazard. As noted in
the enclosed examples, flood plains are shown on bluffs, and street intersections are
shown with nearly 8 feet of water. If these areas had any history of flood damage, the
City would not question their designation as flood hazard areas; however, the written
record of over 100 years does not support such designation.
FEMA MAPPING PROCESS ERRORS
FEMA's updated Flood Insurance Study for Dubuque County documents historical
flooding in other communities, but not Dubuque. This Study does not contain any new
1
ANALYSIS OF DUBUQUE'S FEMA FLOOD MAP ISSUES
detailed studies of flood hazards in Dubuque — yet 1,700 structures are being
designated as a flood plain!
We believe that FEMA is identifying a storm sewer problem rather than flooding
connected with a flood plain along a stream or river. The shallow flooding experienced
in the new approximate flood zones is due to local drainage problems with the capacity
of the City's storm sewer system. These areas do not rise to the level of a regulatory
flood plain, and should not be mapped by FEMA.
FEMA utilized cost - effective "approximate" methods to establish the new approximate
flood zones. Designation of these flood hazard areas will place a financial burden on
homeowners and businesses in these areas and lead to disinvestment and blight.
The City of Dubuque has concluded that an "approximate" study is inadequate and
inappropriate for several reasons.
1) FEMA's contractor, Black & Veatch, used computer models to do an approximate
study for the new approximate flood hazard areas using ten -foot contours. At the
February 23, 2010 FEMA public meeting, the engineer from Black & Veatch
stated that detailed studies are conducted in urban areas and generally use two -
foot contours. Dubuque is a developed urban area, and has had GIS data for
two -foot contours since 2001.
2) FEMA's January 2008 Floodplain Management Desk Reference states on page
3 -3: "The areas mapped with an approximate study are where there was little or
no development and /or little expectation of development when the mapping was
done." Yet FEMA has used an approximate study to map fully developed areas
of Dubuque — in contradiction to their own handbook.
3) FEMA staff has indicated that Black & Veatch used the NFACT methodology,
outlined in Techniques for Estimating Flood- Frequency Discharges for Streams
in Iowa (USGS, 2001), to determine the new approximate zones in Dubuque. But
according to this document, "the equations developed in (the) study apply only to
stream sites in Iowa where flood discharge is not significantly affected by
regulation, diversion, channelization, or urbanization." The document states that
the standard error of prediction is over 35 %.
If FEMA does not have the funding to do an engineering study correctly, using
sufficiently sophisticated models to produce base flood elevations, then no new flood
areas should be mapped. The burden of determining the base flood elevations
must rest with FEMA, not the citizens of Dubuque. The City of Dubuque requests
that FEMA eliminate all new Zone A areas not previously designated.
TECHNICALLY, NO TECHNICAL APPEAL
FEMA provides a process for communities to appeal the Base Flood Elevations for the
"100 -year flood" on proposed Flood Maps.
2
ANALYSIS OF DUBUQUE'S FEMA FLOOD MAP ISSUES
Unfortunately for the City of Dubuque, and many other communities across the country,
FEMA does not provide a process for communities to appeal the new approximate
flood zones where NO Base Flood Elevations are shown on proposed Flood Maps. Yet
communities without base flood elevations are just as impacted as communities with
base flood elevations.
In Dubuque, in contradiction to FEMA's own procedures, FEMA used approximate
mapping suitable for rural, undeveloped areas in a densely - developed, urban
community. The result: Dubuque went from 70 structures to over 1,700 structures in
flood zones without base flood elevations.
FEMA allows the City of Dubuque to file comments on corporate limits, street names,
and other non - technical corrections to the DFIRM. During the 90-day technical appeal
period, only the proposed base flood elevations may be appealed.
Since Dubuque's new approximate flood zones don't have base flood elevations,
technically there is no technical appeal for the City to file.
Nonetheless, Dubuque intends to file a technical appeal. The City has retained an
engineering consultant to prepare our technical appeal of FEMA's preliminary DFIRM
for Dubuque. This is an additional expense to the City of $50,000 that the citizens of
Dubuque will have to bear to do what we believe FEMA should have done.
The City continues to work with FEMA officials as well as keeping our elected
representatives at the State and Federal levels informed on our efforts to have the most
accurate DFIRM possible for our community.
enclosures
3
City Of Dubuque FEMA DFIRM Timeline
August 25, 2005
Scoping meeting held at Dubuque County Courthouse by Black & Veatch, consultant for
FEMA's Map Modernization Project in our area. Contact name was provided to Black &
Veatch employee to obtain City GIS data, including topography.
September 28 — October 3, 2005
Emails were sent back and forth between Black & Veatch and the City's Information
Services Manager regarding acquiring City GIS data. No agreement ever obtained by
Black & Veatch.
October 27, 2005
Dubuque County submitted final data release agreement with Black & Veatch. The data
sets included an agreement but did not include topographic data.
February 28, 2006
Letter to Mayor Duggan received March 2, 2006 requesting information for verification
that flood wall meets current federal standards.
March 10, 2006
City letter sent to Richard Leonard, Chief of Region VII, FEMA, providing requested
information on City's flood wall.
No correspondence between FEMA and the City was received for a three -year period
due to FEMA developing a process for levee recertification.
February 19, 2009
Letter from FEMA advising of levee recertification process and advising that the City
would receive preliminary DFIRM at end of June 2009.
May 4, 2009
City Council approves ordinance executing two -year Provisionally- Accredited Levee
(PAL) agreement effective May 17, 2009.
July 13, 2009
FEMA provides updated Flood Insurance Study (FIS) report and preliminary DFIRM to
City of Dubuque. City staff initiates review.
August 4, 2009
Letter to Roger Benson, FEMA Region VII, regarding initial concerns with approximate
zones shown on preliminary DFIRM.
City of Dubuque FEMA DFIRM Timeline
Page 2
August 13, 2009
Public information meetings for impacted property owners set up by Planning Services
Department were held to explain DFIRM project timeline for approval of new maps and
City concerns regarding new maps.
August 14, 2009
FEMA representatives cancel public meeting for Thursday, August 20, 2009 regarding
preliminary DFIRM and flood insurance.
September 9, 2009
Letter to Rick Nusz, Hydraulic Engineer, FEMA Region VII. Letter included copies of
120 comment forms received to date from property owners within the areas of new
approximate zones. Information regarding mistakes on submitted preliminary DFIRM
including the Julien Dubuque Monument within a flood plain, depiction of approximately
8 feet of water at the intersection of Kaufmann Avenue and Hempstead Street, and
providing the City's current two -foot contours in a digital format.
September 22, 2009
Letter to Rick Nusz, Hydraulic Engineer, FEMA Region VII, that transmitted a GIS
shape file prepared by HDR, the City's consultant for the Drainage Basin Master Plan,
that reflects the existence of the Carter Road detention basin completed in 2004 and the
West 32 Street detention basin completed in the spring of 2009 that would have a
positive impact on storm water flow through the Bee Branch storm sewer on the City's
north side.
October 22, 2009
Receipt of letter from Amanda Wilson of Project Manager AECOM (a different
engineering firm than Black & Veatch) acknowledging receipt of letters dated
September 9 and 22, 2009 regarding issues with updated FIS report and preliminary
DFIRM for the community.
October 22, 2009
Conference call with FEMA officials (Rick Nusz) and Engineering consultants from
AECOM (Stephanie Porter, Kyle Riley and Amanda Wilson) reviewing City concerns
with accuracy of preliminary DFIRM.
November 17, 2009
Letter to Rick Nusz, Hydraulic Engineer, FEMA Region VII, providing more detailed
comments on inaccuracies of the preliminary DFIRM flood boundary methodology used
by FEMA consultants and impacts to property owners within the newly- designated
approximate zones shown on the submitted preliminary DFIRM.
City of Dubuque FEMA DFIRM Timeline
Page 3
December 21, 2009
Letter to Rick Nusz, Hydraulic Engineer, FEMA Region VII, providing information on
Dubuque Industrial Center West flood plain analysis provided by IIW Engineers &
Surveyors.
January 4, 2010
City of Dubuque receives four revised DFIRM panels from FEMA. Principal change is in
on the North End of Dubuque reflecting information provided by City of the HDR's data
from the Drainage Basin Master Plan. No other changes based on correspondence
submitted to date.
January 21, 2010
Conference call with FEMA officials (Beth Freeman, Administrator, FEMA Region VII,
and FEMA Region VII staff Roger Benson, Rick Nusz, Rich Leonard and Dean Oemby)
and Bill Cappuccio (IDNR) regarding methods used in mapping new flood plain areas
and ability to appeal approximate zones.
February 2, 2010
Letter to Melissa Janssen, Chief, Risk Analysis Branch, FEMA Region VII, noting letters
that were sent to FEMA Region VII that were not acknowledged as part of the revised
DFIRM panels sent to the City, and also noting mistakes found on revised preliminary
DFIRM panels submitted by FEMA's consultant.
February 9, 2010
Public informational meetings for impacted property owners set up by Planning Services
Department were held to explain FEMA DFIRM process and City's response.
February 15, 2010
Conference call with Bill Cappuccio (IDNR) regarding City's concerns with the
preliminary DFIRM and similar problems within State of Iowa.
February 17, 2010
Conference call with FEMA official (Melissa Janssen), AECOM engineering consultant
representative (Amanda Wilson) and IDNR official (Bill Cappuccio) regarding process to
appeal approximate zones before end of appeal period.
February 23, 2010
FEMA meeting at Fairgrounds open to the public. Mayor Buol provides FEMA
representatives with major issues the City has with preliminary DFIRM and impacts on
affected property owners.
March 2, 2010
Letter to Rich Leonard, Chief, Flood Plain Management and Insurance Branch,
Mitigation Division, FEMA Region VII, reiterating the issues presented by Mayor Roy
Buol at FEMA public meeting on February 23, 2010.
City of Dubuque FEMA DFIRM Timeline
Page 4
April 28, 2010
Letter to Rich Leonard, Chief, Flood Plain Management and Insurance Branch,
Mitigation Division, FEMA Region VII. Correspondence from City staff outlining
comments and errors found on preliminary DFIRM maps provided on a panel -by -panel
basis.
May 13, 2010
Correspondence from FEMA advising City of Dubuque that two notices will be published
in the local newspaper on May 21 and May 28 2010 advising that the community's
90 -day begins following the second publication on May 28, 2010.
July 6, 2010
Letter to legislative staff for Senators Harkin and Grassley and Representative Braley
outlining the City's issues and concerns with submitted preliminary DFIRM, FEMA's
procedures for appealing information shown on DFIRM, and lack of response by FEMA
to City's concerns.
July 21, 2010
Conference call with Bill Cappuccio (IDNR) regarding types of modeling used for
DFIRMs and problems other Iowa communities are experiencing.
July 23, 2010
FEMA announces in Washington D.C. formation of an independent scientific body to
review and resolve conflicting data related to base flood elevations. At briefing, Sherry
Kuntz from Senator Grassley's office reads City of Dubuque's position statement
requesting an appeal process for approximate zones.
July 28, 2010
Conference call with Congressional staff from Harkin, Grassley, and Braley's offices
reviewing Dubuque's situation and Bill Cappuccio (IDNR) reviewing Iowa's situation.
August 11, 2010
Meeting with Richard Bender of Senator Harkin's Office reviewing lack of appeal
process for approximate flood zones and impact of proposed new approximate flood
zones on citizens of Dubuque, and his request for more in depth analysis of Dubuque's
situation.
August 12, 2010
E -mail from Rick Nusz, Hydraulic Engineer, FEMA Region VII, with time frame for
remaining portion of DFIRM process for the City of Dubuque.
End of appeal period:
Resolve appeals:
Letter of final determination:
Effective date of maps:
August 26, 2010
October 2010
January 2011
July 2011
FEMA preliminary DFIRM for the City of Dubuque increases the number of structures in
designated flood plains from the current 70 structures to 1,700 structures. The gross
assessed valuation of these residences, businesses and industries, total just over $120
million generating about $3 million in property taxes annually. If the current DFIRM is
not changed, a typical residential property owner, whose mortgage is federally backed,
will need to purchase flood insurance at a cost of approximately $1,000 annually.
Interestingly, this same typical property owner pays approximately $1,000 annually in
property taxes. This includes the three principal local taxing bodies — City, County and
School District..
A couple of examples:
FLOOD INSURANCE IMPACTS
a) A single - family home valued at $70,000 with a basement will pay $1,009 annually
for $75,000 coverage on the structure and $20,000 on contents. This assumes a
$2,000 deductible on both the structure and contents.
b) A commercial building valued at approximately $300,000 will pay approximately
$6,000 annually for $300,000 coverage on structure and $200,000 coverage on
contents. No deductible was noted on FEMA's website.
Both examples are based on estimated rates on FEMA's Floodsmart.gov website.
The majority of the property included in the new approximate flood zones are low to
moderate income neighborhoods and Kerper Industrial Park. The financial impact of
additional insurance costs are magnified for homeowners and businesses who are
struggling to get by in a tough economy. It is especially difficult to accept the additional
insurance cost when the methodology used for establishing the new flood plain is
questionable.
The results of establishing approximate flood zones in these neighborhoods will be to
encourage disinvestment and reverse years of effort by the neighborhoods and the City
to encourage home ownership and reinvestment. Businesses and industries will
experience higher costs to operate, and reduced borrowing power for building
improvements, new machinery and equipment, and job growth.
Examples of FEMA Mapping Errors
A severe two -day rain storm on July 22 -23, 2010 dumped a 24 -hour total of between
six and eight inches of rain. This translate to over a 100 -year rainfall event. The
intersection of Kaufmann Avenue and Hempstead Street, which FEMA's preliminary
DFIRM shows with an estimated flood height of eight feet for the 100 -year flood, had
storm water running at approximately 15 inches. A seven -foot 9 inch error?
The Julien Dubuque Monument sits atop a bluff overlooking the Mississippi River. The
monument sits at an elevation of 738 feet above sea level. The. Mississippi River and
the adjacent Catfish Creek flow at a height of 610 feet above sea level during a.100-
year flood, a mere 128 feet below the Julien Monument. The Julien Monument is
shown as being in the 100 -year flood plain or FEMA's preliminary DFIRM! A 128 -foot
error?
FEMA's preliminary DFIRM shows a new approximate flood zone between Pinard
Street and Marquette Place on the City's North End. The problem is that Marquette
Place is on top of a 80 -foot high bluff, and Pinard Street is at the bottom of the bluff.
The approximate flood plain starts about four feet above Pinard Street and extends up
the bluff for 52 feet in one section. The geometry of this flood plain escapes us!
The City of Dubuque wonders what methodology was used that can result in such
egregious errors, that if not corrected, will make citizens question the accuracy of the
new maps, and rightly so.
UPDATE ON CITY OF DUBUQUE FEMA FLOOD PLAIN MAP
This update recaps the City of Dubuque's status in working with the Federal Emergency
Management Agency (FEMA) regarding the City's preliminary flood plain map.
As you are aware, after reviewing FEMA's preliminary Digital Flood Insurance Map (DFIRM)
sent to the City in July 2009, City staff found extensive errors in the mapping of both
existing and new flood plain areas. The City's issue with the preliminary DFIRM is the new
approximate flood zones that do not provide base flood elevations, but do carry a
mandatory insurance requirement for those property owners with mortgages.
In particular, the City of Dubuque is extremely concerned by the inclusion of over 1,700
structures, mainly on the North End, in a Zone A that has never been designated as a flood
plain in the past. The City now has 70 structures in designated flood plains.
The North End of Dubuque is a predominantly older, low to moderate income neighborhood,
where the City has promoted redevelopment and homeownership for many years. The
approximate flood zones in this area will reverse years of progress and likely contribute to
disinvestment in this crucial area of our community.
The City of Dubuque is on record as being supportive of FEMA's project to update the
nation's flood maps. However, the methods used to determine these approximate zones is
not up to the standards that any community would be held to by FEMA to make changes to
flood plain maps. City staff has found errors in FEMA's preliminary DFIRM such as the
Julien Dubuque Monument on top of a bluff being in a 100 -year flood plain.
We are now in FEMA's City's 90 -day technical appeal period which began on May 28, 2010
and will end on August 26, 2010. The City of Dubuque has retained a consultant to do a
more detailed analysis of the City's North End and Bee Branch areas as well as a segment
of the North Fork of the Catfish Creek as a technical appeal of FEMA's preliminary DFIRM.
The consultant will complete work by August 26, 2010. This is an additional expense to the
City of $50,000 that the citizens of Dubuque will have to spend to insure that the City has
the most accurate flood plain map possible.
And we are not sure FEMA will consider our technical appeal. FEMA provides a process for
communities to appeal the Base Flood Elevations for the "100 -year flood" on proposed Flood
Maps. Unfortunately for the City of Dubuque, and many other communities across the country,
FEMA does not provide a process for communities to appeal the new approximate flood zones
where NO Base Flood Elevations are shown on proposed Flood Maps. Yet communities
without base flood elevations are just as impacted as communities with base flood elevations.
In Dubuque, in contradiction to FEMA's own procedures, FEMA used approximate mapping
suitable for rural, undeveloped areas in a densely - developed, urban community. The result:
Dubuque went from 70 structures to over 1,700 structures in flood zones without base flood
elevations.
The City of Dubuque sincerely appreciates the support and intervention of the Congressional
Delegation for the Dubuque area with respect to the preliminary FEMA flood plain maps for our
city. The Delegation's support of an appeal process for communities like Dubuque, for new
approximate flood zones without Base Flood Elevations and asking FEMA to put a hold on the
adoption of proposed Flood Maps during an appeal is invaluable.
Legend
FLOOD ZONES
A - No Base Flood Elevations Determined
AE - Base Flood Elevations Determined
500 Year Flood Plain
Protected by Levee
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Bee Branch Watershed (Downstream Reach)
Preliminary Floodplain Map
Preliminary 100YrFloodplain (CDM)
SHFA2009 Bee Branch (FEMA)
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