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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!!'a e"-;.!'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