CASE STUDY – 408 PERMITTING AND
LEVEE ACCREDITATION FOR
WATERLOO, NEBRASKA
ASFPM MAY 24, 2012
Presented by
Randy Behm, PE, CFM
Lalit Jha, PE, D.WRE, CFM
ASFPM – May 24, 2012
OVERVIEW
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Levee History and Background
Regulatory Comparison
Project Approach
Problems and Challenges
Lessons Learned
ASFPM – May 24, 2012
LEVEE HISTORY AND BACKGROUND
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Just West of Omaha
West Bank of Elkhorn River
Population 728
Levee Constructed in 1967 by USACE
Entire Village is in Protected Area
ASFPM – May 24, 2012
LEVEE HISTORY AND BACKGROUND
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Enrolled in USACE PL 84-99 Program
Accredited Levee Since Early 1980’s
PAL Agreement entered on Jan 15, 2008
Evaluation, Design and Permitting(2008-2010)
Construction Started November 2010
Construction Completed October 2011
Accreditation Packet Submitted on April 2012
ASFPM – May 24, 2012
PAL PROCESS
• FEMA and Community Enter PAL Agreement
• Levee is Shown as PAL and Allowed to Continue to Show Protection on
Flood Map
• Provides Two Years to Submit Documentation Meeting 44 CFR 65.10
Requirements
• After PAL Expires, FEMA Must Take a Minimum of 18 Months for FollowUp Mapping Processes (but still initiates levee de-accreditation process)
Recent Non-Accredited Levee Mapping Guidance
-DRAFT process
for mapping non-accredited levees, still being finalized
ASFPM – May 24, 2012
FEMA CRITERIA* (44 CFR 65.10)
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Freeboard
Closures
Embankment Protection
Embankment and Foundation Stability
Settlement Analysis
Interior Drainage
Operation Plan
Maintenance Plan
ASFPM – May 24, 2012
LEVEE DE-ACCREDITATION IMPLICATIONS
• Mandatory Purchase of Flood Insurance
– Federally Backed Loan = Mandatory Flood Insurance
• Development Restrictions
• Property Value/Re-Sale Concerns
• Economic Development Concerns
Note: implications may be revised by new
non-accredited levee mapping approach
ASFPM – May 24, 2012
USACE PL 84-99 PROGRAM
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Authorized through ER 500-1-1 (Civil Emergency Management Program)
Levees systems participating in PL84-99 must meet O&M RRR criteria
PL84-99 is not directly associated with FEMA levee certification
Levee section (crown, side slopes, r-o-w, seepage berms) remain intact
ASFPM – May 24, 2012
USACE PL 84-99 PROGRAM
• USACE Reviews
– Modifications Related to O&M (Minor 408 Permitting)
• Approval at District Level
– System Changes to Levee Protection Level (Major 408 Permitting)
• Approval at HQ level
ASFPM – May 24, 2012
USACE PL 84-99 PROGRAM
Sec – 408 Modifications (Major) Assessment
• Modifications requiring Chief of Engineers approval:
o degrading (lowering) project
o raising
o realignment
• Analyses required for major modification
o full range of loading (8 profiles)
 upstream, downstream, adjacent to
o system performance (levee and structures)
o risk analysis
ASFPM – May 24, 2012
USACE PL 84-99 PROGRAM
Sec – 408 Modifications (Major) Review
• Iterative process:
o USACE district (initial, 60%, 90%, DrChecks)
o agency technical review
o type II Independent External Peer Review
o USACE Division
o HQUSACE
ASFPM – May 24, 2012
PROJECT APPROACH
• Phased Approach
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Preliminary Evaluation
Detailed Evaluation
Design/Permitting and Construction
Accreditation
ASFPM – May 24, 2012
PHASE 1 – PRELIMINARY EVALUATION
Levee Background Information
Field Investigations
Preliminary Hydrology & Hydraulics
Preliminary Freeboard Assessment
Levee Infrastructure Audit
Preliminary Economic Impact
ASFPM – May 24, 2012
PHASE 2 – DETAILED INVESTIGATIONS
Detailed Geotechnical Investigation
Detailed Hydrologic and Hydraulics
- Internal Drainage Evaluation
- Risk & Reliability Analysis
- Pump Station evaluation
Drainage Structure Evaluation
Alternatives Analysis
ASFPM – May 24, 2012
PHASE 3 – DESIGN AND CONSTRUCTION
Design Plans & Specifications
Construction
Implementation
Post
Construction
Permitting & Coordination
ASFPM – May 24, 2012
Any improvement
of levee will need
U.S. Army Corps of
Engineers
approval.
PHASE 4 - ACCREDITATION
• Post-Construction
– Verification of As-Built Condition and Meeting Project Intent
– USACE O&M Manual Updates
• Accreditation Package
– FEMA PM 63
– FEMA Tabbed Submittal
– Bringing it All Together
ASFPM – May 24, 2012
LEVEE EVALUATION FINDINGS
- Levee Improvement Needed
ASFPM – May 24, 2012
DESIGN AND PERMITTING
• Design of Improvements
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Increase in Levee Height
Riverside Gatewell Improvements
Addition of Toe Drain
Accounting for O&M Deficiencies – Vegetation
• Permitting
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408 Permit
404 Permit
Railroad
Department of Road
Floodplain
Others
ASFPM – May 24, 2012
CONSTRUCTION
• Construction
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Contractor Coordination and Observation
Geotechnical Oversight
Phasing for NEPA
Vegetation Removal
Emergency Action Plan (EAP)
• Available/Designated Materials and Staff
ASFPM – May 24, 2012
LEVEE IN ACTION
• Elkhorn River Flooding
(June 2010)
ASFPM – May 24, 2012
LEVEE IN ACTION
• Flooding Elkhorn River
– Ice Jam Downstream (Feb 2011)
• EAP Implemented
ASFPM – May 24, 2012
PROBLEMS AND CHALLENGES
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Freeboard
Geotechnical
Interior Drainage
Flood Warning Procedures
ASFPM – May 24, 2012
PROBLEMS AND CHALLENGES
• Time
• FEMA vs. USACE Regulatory Requirements
• An Acceptable Corps Inspection Rating, Alone, Does NOT
Equate to an Accredited Levee for the NFIP
ASFPM – May 24, 2012
PROBLEMS AND CHALLENGES
• Funding
– Little if Any Funding is Available at the National or State Levels
– FEMA Mitigation Programs Specifically Exclude These Types of Projects
– Communities Must Fund Improvements Themselves
ASFPM – May 24, 2012
CONCLUSIONS AND LESSONS LEARNED
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Evaluate Early
Provide Routine Public Information
Timeline for PAL Insufficient for Significant Improvements
Coordinate with USACE Early
Evaluation Criteria of FEMA and USACE Are NOT the Same
Quality Geotechnical Evaluation
Construction Operations Sequencing/Scheduling
Vegetation Removals and Management
Emergency Action Plan and Preparedness
ASFPM – May 24, 2012
NATIONAL POLICY CHALLENGES AND EMERGING ISSUES
• Higher Standards for Levees (500-Year/0.2% Annual Chance
Flood)
• FEMA Non-accredited Levee Mapping Approach
• Mandatory Flood Insurance Behind Levees?
• Railroad Highway Embankment Issues
• Funding (or lack thereof)
ASFPM – May 24, 2012
MANAGING RESIDUAL RISK
Graphic Courtesy of U.S. Army Corps of Engineers
ASFPM – May 24, 2012
ASFPM – May 24, 2012