Ventura County Levee SystemsLevee Certification Compliance

EffortsPresentation to the

Ventura County Watershed Protection District

Board of SupervisorsTuesday, December 04,

2007@1000 Hours

Ventura CountyGovernment Center

A Joint Venture of URS, Dewberry, Schaaf & Wheeler, Airborne 1 and

Terrapoint

Levees on Santa Paula CreekLevees on Santa Paula Creek

Agenda

Introductions of District Project Team Present National Flood Insurance Program (NFIP) FEMA Levee Certification Requirements

– 44 CFR Part 65.10 Federal Regulatory Standards– Process Guidance FEMA Procedural Memorandum 34– Process Guidance FEMA Procedural Memorandum 43

Overview of District Levee Certification Efforts Confirmation of FEMA’s Receipt of PAL

Agreement Letters on November 28, 2007 District Levee Certification Action Items during

the Next 90-120 Days

What is a Levee ?

A levee IS a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding. Levees also include floodwalls.

A levee is NOT a dam, a detention basin, or a road or railroad embankment

Source: FEMA Publication: “PM 43 – Guidelines for Identifying Provisionally Accredited Levees”

Federal Requirements - National Flood Insurance Program:– National Flood Insurance Act of 1968– Flood Disaster Protection Act of 1973– Flood Insurance Reform Act of 1994

Current accurate flood maps are critical to:– Reduce potential loss of life & property through sound

floodplain management– Reduce NFIP & disaster costs– Protect natural & beneficial values of floodplains

Accurate and up to date flood maps are vital for the successful implementation of all floodplain management strategies.

Why Update Flood Maps?

Flood Mapping Inventory Ages:Ventura County vs. National Trends

0

10

20

30

40

50

60

70

80

90

100

Age of FIRMs

Per

cen

tag

e

Nationwide 18 11 15 56

Ventura County 0 0 13 87

Less than 5 years From 5 to 10 years From 10 to 15 years More than 15 years

Source of Data : Nationwide data is from MapIX website. Ventura County data is from manual tabulation of FIRMs.

FEMA Levee Certification Requirements

FEMA has long been concerned with leveeFEMA has long been concerned with levee

certificationscertifications Initiated Levee Policy Committee to developInitiated Levee Policy Committee to develop

recommendations to NFIP recommendations to NFIP beforebefore Katrina in Katrina in 20052005 “ “Accreditation” vs. “Certification”Accreditation” vs. “Certification” FEMA FEMA does not certify levees. Levee owners do. certify levees. Levee owners do. FEMA FEMA accredits certified levees on effective certified levees on effective

DFIRMs. DFIRMs.

For the purpose of NFIP maps, FEMA will only recognize levee systems that meet and continue to meet design, operational and maintenance criteria of the Code of Federal Regulations, Title 44, Section 65.10 ((44 CFR 65.1044 CFR 65.10), ), which was adopted on August which was adopted on August 25, 198625, 1986

Certification Criteria broken down into 6 key components:– Operations and Maintenance Plan– Freeboard– Closures– Embankment and foundation

stability– Interior Drainage– Other Design Criteria

Code of Federal Regulations (44 CFR 65.10)

FEMA Procedural Memorandum 34 “Interim Guidance for Studies Including

Levees” PM 34PM 34 issued on August 22,

2005 (before Katrina) Nationwide there are thousands

of levee structures with inadequate, missing, or outdated certification documentation

PM 34 was issued as part of the larger Map Modernization effort

PM 34 Provides flowchart for identifying and mapping levees depending on certification

PM 34 - Levee Certification Paths

FEMA PM 34 – Interim Guidance for Studies Including Levees

FEMA’s bottom line: If a levee is shown on a FIRM map as providing protection from the base flood, then it needsneeds to be certified.

Original FEMA time table required local levee owners to submit certification documentation - 30 days. Unrealistic!Unrealistic!

Local Communities and levee Local Communities and levee owners objected strenuously.owners objected strenuously.

In response, FEMA issued In response, FEMA issued Procedural Memorandum 43 on Procedural Memorandum 43 on September 26, 2006September 26, 2006

FEMA Procedural Memorandum 43“Guidelines for Identifying Provisionally

Accredited Levees (PAL)”

PM 43 was issued September 25, 2006 and revised March 16, 2007

Those levees that require additional time for owners to compile the certification documentation will be designated by FEMA as “Provisionally Accredited”

Two Year PAL Letter– FEMA provided the District with a 90 day window to

sign and return PAL agreements indicating the full44 CFR 65.10 documentation will be provided within 24 months of the signed agreement

FIRM Levee Note: The following note must be applied at several locations, point to the levee, and be placed landward of the levee in or near the Zone X (shaded) area:– WARNING: Provisionally Accredited Levee. For explanation,

see the Notes to Users.

FIRM Notes to Users:– WARNING: This levee, dike, or other structure has been

provisionally accredited and mapped as providing protection from the 1-percent-annual-chance flood. To maintain accreditation, the levee owner or community is required to submit documentation necessary to comply with 44 CFR Section 65.10 by (September 01, 2009). Because of the risk of overtopping or failure of the structure, communities should take proper precautions to protect lives and minimize damages n these areas, such as issuing an evacuation plan and encouraging property owners to purchase flood insurance.

Notes for PAL Levees Shown on FIRMs

FEMA PM 43 – Guidelines for Identifying Provisionally Accredited Levees (PAL)

Flood Insurance Mapping Consequences of failure to meet the certification standards of 44 CFR 65.10:

– If a levee fails to meet the criteria in 44 CFR 65.10, or a levee owner fails to meet the PAL requirements, then the levee and the area landward of it will no longer be eligible for the PAL designation or accreditation. FEMA will remove the PAL designation from the levee, and will remap the area landward of the levee as being a Special Flood Hazard Area (Zone A in most cases).

Provisionally Accredited Levee (Scenario A) Process

Scenario A applies to levees that are not in the US Army Corps of Engineers Rehabilitation and Inspection Program.

PAL Agreement Letter (Scenario A1)

FEMA Letter dated

August 31, 2007

PAL Letters to FEMA

Nov. 27, 2007

Certification completion date for Scenario A1 levees is September 01, 2009

Maintenance Correction Period (Scenario A2)

FEMA Letter dated

August 31, 2007

Letters to FEMA

Nov. 27, 2007

PAL Letter to FEMA

NLT Nov. 29, 2008

Certification completion date for Scenario A2 levees is November 29, 2010.

FEMA Originally Identified 60 Levees and/or Levee-Like Situations

Data from FEMA letter dated August 31, 2007

FEMA’s Consultant Issued Revised List (11-08-07)

Nine “Blue” Levee Like Situations Removed

Map of District Levee Inventory

District Levee System Inventory List

Map of Seventeen District Levees: PAL Agreements or Maintenance Correction Period Request to FEMA on 11-27-07

List of Seventeen District Levees: PAL Agreements or Maintenance Correction Period Request to FEMA on 11-27-

07

Levees Not Submitted by District for Certification

PAL Agreement Letter (Scenario A1)

Maintenance Correction Period Letter (Scenario A2)

Estimated Fiscal Impacts of Levee Certification Efforts on District’s Budgets

by Watershed Zone

District’s Levee Certification Action Items

Completed Action Items – PAL Agreement Letter signatures

• All PAL letters were signed by District and local reps by 26 November 2007– Maintenance Issue Correction Period Request signatures

• Maintenance Correction period requests signed by District on 20 November 2007

– PAL package preparation & compilation• PAL packages were completed by and submitted to FEMA Region IX’s Office

in Oakland on 27 November 2007 via FedEX Priority Overnight– FEMA Region IX’s Acknowledgement of Receipt of District’s Agreement

Packages• FEMA acknowledged receipt of District PAL packages forwarded on 28

November 2007 Certification Action Items in Next 90-120 Days

- RFQ scope preparation and issue- Estimated within next 45 calendar days

- Consultant selection- Estimated within next 90 calendar days

- Board Approval of Professional Services Contract- Estimated within next 120 Days

Questions

Contact Information:Contact Information:Gerard KapuscikGerard KapuscikSpecial Projects ManagerSpecial Projects Manager(805) 648-9284(805) 648-9284Gerard.Kapuscik@ventura.orgGerard.Kapuscik@ventura.org

Joseph Lampara, Engineer IIIJoseph Lampara, Engineer IIIAdvanced Planning SectionAdvanced Planning SectionWatershed Protection DistrictWatershed Protection District(805) 654-2458(805) 654-2458Joseph.Lampara@ventura.orgJoseph.Lampara@ventura.org

Calleguas Creek