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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 bitti All- AmedcaCity f m 2007 MCVM:jh 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 bitd AU-America Cfty 111 1' 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 gdvvcivv 10/13/2010 09:40 FAX 202 646 3600 O S, p ator fW arkin P age 2 ttlt��uu 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 X , t,; r C1 0 Q la f' To • SEWARD u ____: - , --., \, /clef,. L` 7,10f4TCREST `�� q , �,r� DUNH M �n ilAPI CR \\_,_ J - J .� . - Ct7A L �? TO ru h f f s v z "' LOWWL L ,fi Q p ` r Q Y 0 0 CLARK g 0 0 = 600 1 X00 2,400 Feet i - 1 inch = 692 feet Bee Branch Watershed (Downstream Reach) Preliminary Floodplain Map Preliminary 100YrFloodplain (CDM) SHFA2009 Bee Branch (FEMA) I I