Legislative ltrs FEMA flood damage
City Manager's Office
50 West 13th Street
Dubuque, Iowa 52001-4864
(563) 589-4110 phone
(563) 589-4149 fax
ctymgr@cìtyofdubuque.org
~cÆ~
September 15, 2004
The Honorable Jim Nussle
Room 303 Cannon House Office Building
Washington, D.C. 20515-1502
Ref: FEMA reimbursements for cost of flood damages
Dear Congressman Nussle:
I am asking for your assistance in securing FEMA funding for costs incurred by the City
as a result of a disaster declaration in May of 2004. In June of that year President Bush
declared Dubuque and Delaware Counties eli~ible for FEMA assistance for damages
due to heavy rains that occurred from May 19 to June 24th of 2004.
Although FEMA has honored our request for reimbursement of damages in most cases,
they have ruled ineligible our $28,203 cost to operate four pumping stations along the
floodwall protecting the City. FEMA has indicated the cost is ineligible because of our
agreement with the Corps of Engineers to operate and maintain the floodwall, even
during flood periods. Attached is the page from the regulations of the Corps of
Engineers.
We are asking you to investigate and seek reimbursement on our behalf. We do not
believe the City should be responsible for the repair and maintenance of the floodwall in
times of major flooding. If the floodwall collapses for example, the City could be faced
with major repairs that would have a huge financial impact on our citizens.
Secondly, if the reimbursement cannot be made because of the existing regulations, a
change in the regulations should be made to protect our city (and others) from a
catastrophic loss.
Siorem'y ~
M;,~1: ~
City Manager
MCVM:wb
Sero¡"
People
Integrity
R"po~¡bil¡ty
I=o"'"on
r"mwmk
.,
/'
I'
./
§208.JO
208.25 Peneacola D..., and "",ervOir, Grand
(Neo'ho) River. Okla.
208.28 Altu, Dam and ""'ervolr. North Fork
""d RIver. Okla.
208.27 Fort Cobb Dam and Reservoir. Pond
(CObb) Creek. Oklahoma.
208.28 Fo.. Dam and ""'ervoir. W..hita
RIver. Oklahoma.
208.29 Arbuckle Dam and Lake or the Ar-
buokle,. Rook Creek. Okla.
208.32 Sanrord Dam and ak, Meredith. Ca-
.cad1au River. Tex.
208.33 Cheuey D..., and _ervoir, North
Fork or Nlnnesoah River. !tans.
208.34 Norman Dam and Lake Thnnderbird.
Little RIver, Okla.
208.82 Hetch Hetchy, Cherry Volley, ond
Dou Pedro Dams and Reservoirs.
ADTHOlU'l'Y: Sec. 7, 58 Stat. 890: 33 U.S.C.
709.
¡--'120S.10 Local flood protection works;
I . maintenance and operation of
structures and facilities.
(a) General. (1) The 'tructuree and fa-
c1l1ties canetructed by the U.n1ted
State, rar local flood protection sba11
be cantinuau.s.ly maintained In sa.ch a
manner and operated at sa.ch t1mee and
for such periods as may be necessary to
obtain the ma.x1rnam benefits.
(2) The State, political subdivision
thereof, or ather responsible local
agency, which farn1abed assurance that
it w111 maintain and operate flacd con-
trol works In accordance with re8'U1a-
tians proscrIbed by the Secretary of
the Army, as required by law, shall ap-
point a permanent COmmittee con-
sisting of or headed by an official here-
lnaftsr called the "Superintsa.dent,"
s ble for the devel-
tenance of and di-
an or anizatian re-
efficient aeration'
¡and maintenance
turBo and facl11ties
and for continua an
maintenance of the rks dur-
L¿~~Oif"õnëW watãr;"ãiI' without
cast to the United States.
(3) A reserve sa.pply of materials
needed da.rlng a flood emergency shall
be kept an hand at all t1mes.
(4) No encroachment or trsspass
which will adversely affect the effi-
cient operation or maintenance of the
project works shall be permitted Ilpan
the rights-of-way for the protective fa.-
c!litiss.
3J CFR Ch. II (7-1~2 Edmon)
(5) No 1mpravement shall be passed
aver, IlI1der, or through the walls, lev-
ees, Improved channels or flaadways,
nor shall any excavation or canstra.c-
tion be permitted within the limits of
the project right-of-way, nor shall any
change be made In any feata.rs of the
works withallt prior determination by
tho District Engineer of the Depart-
ment of tho Arm,.. or his autharizsd
representative that sllch 1mprovsment,
sxcavation, oanstructian, or altsratlon
w1Il not adversely affect the f1lIlc-
tianing of the protective facUlties.
Sllch 1mpravements or alterations as
may be fa11l1d to be desirable and per-
missible 1lIlder the above determina-
tion shall be constructed In accordance
with standard engineering practice.
Advice regarding the effect of proposed
1mpravements or alterations an the
fIlIlctioning of the project and Informa-
tion cancern1ng methods of construc-
tion acceptable IlI1der standard eng1-
neerlng practice sba11 be obtained from
the District En¡rmeer or, If atherwtae
obtained, shall be Sllbmitted for his ap-
Proval. Drawings or prints shoWIng
such 1mpravements or alterations as fI-
na.lly constructed shall be fa.rn1ahed
the District Engineer after completion
of the work.
(6) It shall be the dllty of the super-
Intendent to submit a semiannual re-
port to the District Engineer covering
inspection, maintenance, and operation
of the protective works.
(7) The District Eng1neer or his all-
thari.ed representatives shall have ac-
ce.. at all t1mes to all portions of the
prateotlvs works.
(8) Maintenance measures or repairs
which the District Eng1neer deems nec-
essary shall be promptly taken or
made.
(9) Appropriate measa.res shall be
taken by local alltharities to Insa.re
that the activities of all local organiza-
tions operating public or private facUl-
ties connected with the protective
Works are coordinated with those of
the Sllperintendent's organization dur-
Ing flood periods.
(10) The Department of the Army will
farn1sh local Interests with an Oper-
ation and Maintenance Manual fcr
each completed project, or separate
llSefo.l Part thereof, to assist them In
98
City Manager's Office
50 West 13th Street
Dubuque, Iowa 52001-4864
(563) 589-4110 phone
(563) 589-4149 fax
ctymgr@cityofdubuque.org
~cÆ~
September 15, 2004
The Honorable Charles Grassley
135 Hart Senate Office Building
Washington, DC 20510-1501
Ref: FEMA reimbursements for cost of flood damages
Dear Senator Grassley:
I am asking for your assistance in securing FEMA funding for costs incurred by the City
as a result of a disaster declaration in May of 2004. In June of that year President Bush
declared Dubuque and Delaware Counties eli~ible for FEMA assistance for damages
due to heavy rains that occurred from May 19 to June 24th of 2004.
Although FEMA has honored our request for reimbursement of damages in most cases,
they have ruled ineligible our $28,203 cost to operate four pumping stations along the
floodwall protecting the City. FEMA has indicated the cost is ineligible because of our
agreement with the Corps of Engineers to operate and maintain the floodwall, even
during flood periods. Attached is the page from the regulations of the Corps of
Engineers.
We are asking you to investigate and seek reimbursement on our behalf. We do not
believe the City should be responsible for the repair and maintenance of the floodwall in
times of major flooding. If the floodwall collapses for example, the City could be faced
with major repairs that would have a huge financial impact on our citizens.
Secondly, if the reimbursement cannot be made because of the existing regulations, a
change in the regulations should be made to protect our city (and others) from a
catastrophic loss.
S',cornly. ~
Mi~'::~
City Manager
MCVM:wb
Seroiœ
People
Integrity
R.,ponsibility
lnnovorion
Teamwmk
§208.IO
33 CFR Ch. II (7-1~2 Edmon)
(5) No 1mpravement shall be passed
aver, IlI1der, or through the walls, lev-
ees, Improved channels or flaadways,
nor shall any excavation or construc-
tion be permitted within the limits of
the project right-of-way, nor shall any
change be made In any feata.re of the
works without prior determination by
the District Engineer of the Depart-
ment of the Army or his authorized
reprssentatlve that sllch improvement,
sxcavatian, construction, or alteration
will not adversely affeat the fIlIlc-
tlonlng of the protective facilities.
Sllch 1mpravements or alterations as
may be falll1d to be desirable and per-
missible IlI1der the above determlna-
AUTHORITY: Sec. 7, 58 Stat. S90: 33 U.S.C. tian shall be constructed In accordance
709. with standard engineering practlcs.
r-§20S10 L aI fI d to ti ks' Advice regarding the effect of proposed
I . .;wnte~:"ce 00 anS"° o;.:..'t.o,,::,r of Improvements or alterations. an the
structures and facilities. fIlIlctianmg of the pra1ect and Informa-
(a) General. (1) The structurss and fa- :~: ::~= :-,:a~:~:,,==
clllties canetructed by the United neering practice sba11 be obtained from
States for local flood protection sba11 the District Engineer or, If otherwise
be continuau.s.ly maintained In sllch a obtained, shall be submitted for his ap-
manner and operated at such t1mee and praval. Drawings or prints showing
for such periods as may be necessary to such 1mpravements or alterations as fl-
obtain the max1mam benefits. nally constructed shall be fa.r.n1shed
(2) The State, political subdivision the District Engineer after completion
thereof, or ather respana1ble local of the work
::~;,;::~~~::';~::;;:r~~~~: (6) It shall be the duty of the super-
tral works In accordance with regula.- Intendent to submit a semiannual ra-
tions proscribed by the Secretary of part to the District Engmeer covering
the Army, as required by law, shall ap- inspection, maintenance, and operation
paint a permanent cammittse can- of the protective works.
slstlng of or headed by an official here- (7) The District Eng1neer or his au-
Inafter called the "Superintendsnt," thorned representatives shall have ac-
who shan be resoanslble for the devel- cess at all t1mes to all portions of the
apment and malntenancs of and di- proteCtive works.
rectly in on ra-. (6) Maintenance measurss or repairs
anslble atian which the District Engineer dsems nec-
and main . essary shall be promptly taken or
/ turss and mads.
V and for ectian (9) Appropriate meaea.res shall be
malntsnance a e works dur- taken by local autharitiee to Insure
'i!!iU1~r¡òd8õnëw äJrWìthaut' that the activities of all local arganlza-
\ ~ast to the United States. tians operating publla or private fac1l1-
L---: (3) A reserve suPply of materials ties connected with the protective
needed dllring a flood emergency shall work, are coordinated with those of
be kspt on hand at all times. the Superintendent's organization da.r-
(4) No encroachment or trespass Ing flood periods.
which will adversely affect the effl- (10) The Department of the Army win
clent operation or malntenancs of the farn1sh local Interests with an Oper-
project works shall be permitted upon atlan and Maintenance Manual for
the rights-of-way for the protective fa.- Bach completed project, or separate
cilities. osefuJ Part thereof, to assist them In
208.25 Pensacola Dam and Reservoir, Grond
(Neosho) River, Okla.
208.29 Altus Dam and Re,srvolr, North Fork
Red RIver, Okla.
208.27 Fort Cobb Dam and Re,ervolr, Pond
(Cobb) Creek, Oklahoma.
208.29 Fo.. Dam and Reservoir, Weehita
RIver, Oklahoma.
208.29 Arbuckle Dam and Lake or the Ar-
bockles, Rock Creek, Okla.
208.32 Sonrord Dam and Lake Meredith, Ca-
uedion RIver, Tex.
208.33 Cheney Dam and Re,ervoir, North
Fork or Nlnnescah Rlver,!tans.
208.34 Norman Dam ond Lake Thnnderb1rd,
Little RIver, Okla.
208.82 Hetch Hetchy, Cherry Volley, and
Don Pedro Dams and Re..rvoirs.
98
City Manager's Office
50 West 13th Stceet
Dubuque, Iowa 52001-4864
(563) 589-4110 phone
(563) 589-4149 fax
ctymgr@cityofdubuque.org
~cÆ~
September 15, 2004
The Honorable Tom Harkin
731 Hart Senate Office Building
Washington, DC 20510-1501
Ref: FEMA reimbursements for cost of flood damages
Dear Senator Harkin:
I am asking for your assistance in securing FEMA funding for costs incurred by the City
as a result of a disaster declaration in May of 2004. In June of that year President Bush
declared Dubuque and Delaware Counties eli~ible for FEMA assistance for damages
due to heavy rains that occurred from May 19 to June 24th of 2004.
Although FEMA has honored our request for reimbursement of damages in most cases,
they have ruled ineligible our $28,203 cost to operate four pumping stations along the
floodwall protecting the City. FEMA has indicated the cost is ineligible because of our
agreement with the Corps of Engineers to operate and maintain the flood wall , even
during flood periods. Attached is the page from the regulations of the Corps of
Engineers.
We are asking you to investigate and seek reimbursement on our behalf. We do not
believe the City should be responsible for the repair and maintenance of the floodwall in
times of major flooding. If the flood wall collapses for example, the City could be faced
with major repairs that would have a huge financial impact on our citizens,
Secondly, if the reimbursement cannot be made because of the existing regulations, a
change in the regulations should be made to protect our city (and others) from a
catastrophic loss.
s;"œ~iJ-¡ ~/i¡L
Michael C. Van Milligen
City Manager
MCVM:wb
Seroke
People
lnte",ity
R"po~ibility
I=ontion
Te=wmk
:/
./
,.
§ 208. J 0
208.25 P81U!acole Dam and "",ervcir, Grand
(Neo'ho) River, Okla.
208.25 Altu, Dam ond Reservoir. North Fork
""d River, Okla.
208.27 Fort Cobb Dam and Re.OfVolr. Pond
(Cobb) Creek. Oklahoma.
20S." Fa.. Dam and _.rvair, Woehlta
River. Oklahoma.
208.29 Arbuckie Dam and Lake or the Ar-
buukle,. Rock Croak, Okla.
208.32 Sanrcrd Dam and Lak, Merodlth, C...
nadlon Rlvor, Tex.
208.33 Cheney Dam ond "",ervoir, North
Fork or Nlnnescah Rlv.r. !tans.
208.34 Normon Dam and Lak. Thnnderbird,
Little River, Okla.
208.92 Retch ¡¡etoby, Cherry Volley, ond
Dcu Pedro Dams and ""'ervoirs.
AUTHalU'l'Y: Sec. 7, 58 Stat. 890; 33 U.S.C.
709.
r-§20S.10 Local flood protection works;
I . maintenance and operatiOI1 at
structures and facilities.
(a) General. (1) The structures and fa.-
cilities canetructed by the United
States for local flood protection sba11
be cantinllau.s.ly maintained In such a
manner and operated at sa.ch times and
for such periods as may be necessary to
obtain the ma.x1rnam benefits.
(2) The State, political sllbdivialan
thereof, or ather responsible local
agency, which farn1shed assurance that
It w111 maintain and operate flood con-
trol works In accordance with regula.-
tions preScribsd by the Secretary of
the Army, as required by law, shall ap-
POint a permanent committee con-
sisting of or headed by an official here-
Inafter called the "Sa.per1ntendent, "
who shall be rssuanslble for the devel-
opment and maintenance of and di-
rectly in charge of, an organization re-.
suanslble for the efficient aueratlan
I and maintenance of
turss and facilities d a
and for cantinuans and
..!!!.'L~;e.~~c~_a!_;I:!!.J!!'ae"-;.!'Ia~
L.¿~eriads of law water, al wlthallt
caet to the United States.
(3) A reserve Sllpply of materials
needed dllring a flood emergsncy shall
be kept an hand at all times.
(4) No encroachment or trespass
which will adversely affect the sffl-
cient operation or maintenance of the
project works shall be permitted upon
the rights-M-way for the protective fa.-
c!lities.
33 CFR Ch. II (7-1~2 Edition)
(5) No 1mpravement shall be passed
over, IlI1dsr, or through the walls, lsv-
ees, Improved channels or flaodways,
nor shall any excavation or construc-
tion be permitted within the limits of
the project right-of-way, nor shall any
change be made In any fsata.re of the
works withollt Prior determination by
the District Engineer of the Depart-
ment of tho Army or his authorized
representative that such 1mpravement,
excavation, construction, or altsration
will not adversely affect the func-
tioning of the protective facUitiss.
Such 1mpravements or alterations as
may be falll1d to be desirable and per-
missible IlI1der the above determina-
tion shall be constructed In accordance
with standard engineering practice.
Advice rsgardlng the affect of proposed
1mpravementa or alterations an the
flll1ctianing of the project and informa-
tion concerning methods of aanetruc-
tian acceptable IlI1der standard engi-
neering practice sba11 be obtained from
the District Engineer or, 1! otherwise
obtained, sba11 be sa.bmitted for his ap.-
Proval. Drawings or Prints showing
such 1mpravements or alterations as fi-
nally canstruated sba11 be furnished
the District Engineer after completion
of the work.
(6) It shall be the duty of the super-
Intendent to submit a semiannuaJ rs-
port to the District Engtneer covering
inspection, malntena.nce, and operation
of the protective works.
(7) The Diatrlat Engineer or his au-
thOrized reprssentatives shall have ac-
ce.. at all times to all portions of the
protective works.
(8) Maintenance measa.res or repairs
which the District Engineer dsems nec-
sssary shall be promptly taken or
made.
(9) Appropriate measa.res sba11 be
takBn by local autharitiss to Insure
that the activities of alllaca! organiza-
tions operating public or private facl11-
ties connected with the protective
Works arB coordinated with those of
the Superintendent', organization dur-
ing flood periods.
(10) The Department of the Army will
farn1sh local Intereets with an Oper-
ation and Maintenance Manual for
each completed project, or separate
nseful Part thereof, to aseist them In
98