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HomeMy WebLinkAboutSWP272711(7) 5TATt0 Washington State Military Department Emergency Management Division rP Y 1889 HAZARD MITIGATION, ANT PROCIRAM : ADDfic n Handbook n Guidelines MAY 1997 Life, Property, Environment STATE Washington State 6 Military Department Emergency Management Division L 1889 Gregory P. Barlow, Major General The Adjutant General, Military Department Linda Burton-Ramsey, Director Emergency Management Division Post Office 40955 Olympia Washington 98504-0955 Hazard Mid aation Grant Program: Aaalicant Handbook and Guidelines MAY 1997 Life, Property, Environment HAZARD MITIGATION GRANT PROGRAM APPLICANT HANDBOOK AND GUIDELINES TABLE OF CONTENTS I. PROGRAM INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 II. FREQUENTLY ASKED QUESTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 III. RESPONSIBILITIES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 IV. FUNDING OF ELIGIBLE PROJECTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 V. ELIGIBILITY REQUIREMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Federal Eligibility Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 State Eligibility Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 VI. SOLICITATION OF APPLICATIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 VII. PROJECT IDENTIFICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 VIII. PROJECT CRITERIA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 IX. APPLICATION PROCEDURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Submission of Intention Letter to Participate to FEMA . . . . . . . . . . . . . . . . . 10 Submission of Applications to the State . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Review, Ranking, and Selection of Projects . . . . . . . . . . . . . . . . . . . . . . . . . 10 Submission of Recommended Projects to FEMA . . . . . . . . . . . . . . . . . . . . . . 11 Withdrawal of Recommended Projects . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 X. PROGRAM ADMINISTRATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 XI. AUDIT REQUIREMENTS . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 XII. CLOSE-OUT PROCEDURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 XIII. ADMINISTRATIVE DOCUMENT REVIEW . . . . . . . . . . . . . . . . . . . . . . . . . . 14 XIV. AUTHORITIES AND REFERENCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 XV. DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Appendix 1, Subpart M & N, Hazard Mitigation Program, Part 206 44 CFR . . . . . . . . . . . . . . . . . 17 Appendix 2, Hazard Mitigation Grant Program Information Handout(Fact Sheet). . . . . . . . . . . . . . 31 Appendix 3, Applicant"Letter of Intent"to the State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Appendix 4, "Step by Step"Application directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Appendix 5, HMGP Sample Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Appendix 6, State Level Appeal Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .73 Appendix 7, Excerpts from P.L. 93-288, as amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 Appendix 8, FEMA's HMGP Guidance for Acquisitions & Relocations . . . . . . . . . . . . . . . . . . . . 79 Addendum 1, Federal Register Interim Rule for Mitigation and Relocation . . . . . . . . . . . 92 Addendum 2, Sample Acquisition Letter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 Addendum 3, Sample Voluntary Transaction Agreement . . . . . . . . . . . . . . . . . . . . . . 99 Addendum 4, Attachments to Deeds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 Appendix 9, Relocation Assistance to Tenants Worksheet . . . . . . . .. . . . . . . . . . . . . . . . . . . 105 2 I. INTRODUCTION The purpose of this document is to provide you, the APPLICANT, program information on the Hazard Mitigation Grant Program (HMGP). The HMGP is funded through Section 404 of Public Law 93-288, the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, as amended. The intent of the HMGP is to reduce the risk of future damage, hardship, loss, or suffering because of major disasters by providing substantial financial support to carry out cost-effective hazard mitigation measures. These measures are to be identified as part of the mitigation planning process required of state and local governments as a condition of receiving federal disaster assistance. To be eligible to apply for HMGP funds, applicants must be agencies of state government, local governments (city or county), special purpose districts, Indian tribes, and certain registered nonprofit organizations with like-government services. For all HMGP projects, the applicant must also be participating and in good standing with the National Flood Insurance Program (or it successors) or located in a community that is. II. FREQUENTLY ASKED QUESTIONS (FAQ's) A. What is the Hazard Mitigation Grant Program? The HMGP is a program managed by the State of Washington to administer funds from the Federal Emergency Management Agency (FEMA). B. How long does it take to receive money from the HMGP? If eligible and recommended to FEMA, the time between the application due date and receipt of funds is four to eighteen months and is dependent upon the FEMA environmental analysis process. C. How does the state determine which applications to fund? Once applications have been determined to be eligible, all applications in a disaster are given to a five to six person committee made up of state and local officials (locals are from outside the declared disaster area). They score the narrative section based on how well the project meets state and federal goals as outlined in the application. Once the scores are completed and averaged, they are ranked and funding is recommended for as many applicants as possible working down the list. Once the committee ranks projects, they are recommended to the Director of the Emergency Management Division. Upon approval, those applications are forwarded to FEMA for final approval and funding. HAZARD MITIGATION GRANT PROGRAM 3 APPLICANT HANDBOOK AND GUIDELINES MAY 1997 D. Does FEMA have a `BUY OUT"Program? How do I participate? FEMA does not have a BUY OUT program. However, acquisition of property by the jurisdiction is an eligible project type under the HMGP. Interested homeowners must work through an eligible applicant. E. How much money can we apply for or receive? Amounts vary from disaster event to disaster event. There is a limited amount of funding made available to the state through FEMA based upon a formula of federal disaster costs. The state will make a determination (based on the amount of funding available, the expected number of applications and the distribution of the applications around the declared disaster areas) on how much funding will be made available to a jurisdiction. A recommended project is normally eligible for 75% funding by FEMA and 12.5% funding from the State. The applicant is responsible for the remaining costs. F. When will we know if we will receive funding? The state will notify you shortly after the committee process if your project is being recommended to FEMA. However, FEMA has the final approval authority for the funding of all projects. (FEMA will also prepare all environmental review documents on the submitted projects.) FEMA's final approval can take anywhere between 4 and 18 months from the time of the application due date to the state. The development of the grant agreement and obligation of federal funds for specific projects will be completed only upon receipt by the Emergency Management Division of formal notification of project approval from FEMA. G. How much can we use for administrative costs? To help defray the costs of requesting, obtaining, and administering federal assistance, additional administrative monies are made available to the Emergency Management Division (grantee) and Applicants (sub-grantees) per the following formula: 1. For the first $100,000 of net eligible costs, 3 percent of such costs. 2. For the next $900,000 of net eligible costs, 2 percent of such costs. 3. For the next $4,000,000 of net eligible costs, 1 percent of such costs over $1,000,000. 4. For an applicant whose net eligible costs equal $5,000,000 or more, Y2 percent of such costs. These costs are separate from the project costs and they should not be included in the grant request. Additionally, these funds are by disaster, by APPLICANT, not by individual project. Meaning, if an APPLICANT has more than one HMGP project for a particular disaster, the Sub-grantee Administrative monies are based on the TOTAL of all the projects. 4 HAZARD MITIGATION GRANT PROGRAM APPLICANT HANDBOOK AND GUIDELINES MAY 1997 H. What is meant by "PUBLIC INVOLVEMENT"in the development and selection of the proposed action alternatives? The general, affected public has to have the opportunity to comment on any proposal being submitted by the jurisdiction requesting federal funding. Preferably, they are given the opportunity to discuss other alternatives or solutions to the problems being addressed. What this means in the real world can vary by community and project. At a very minimum, there should be notice in a local paper announcing the jurisdiction's intent to apply for a grant from the state and federal governments to do your particular project. However, most successful communities have two to three open public meetings discussing alternatives, allowing citizens to voice their opinions and making adjustments to plans. For example, if you received funds from the HMGP and a citizen comes along with a complaint such as, "I live five miles away and my property was more damaged than the area you are working. Why did you not apply to fix the area around my home?" You must be able to show that you had provided an opportunity to comment on the proposed project. III. RESPONSIBILITIES A. State Government: The Washington State Military Department, Emergency Management Division (hereafter referred to as the DEPARTMENT) is assigned the responsibility of administering the Hazard Mitigation Grant Program as defined in this document. The DEPARTMENT will: 1. Develop and publish grant guidance, funding criteria and application forms. 2. Solicit proposals from eligible applicants. 3. Convene, as needed, the Mitigation Grant Review Committee to review, evaluate, and recommend priority projects for funding. 4. Forward recommendations for funding to FEMA for final approval. 5. Withdraw projects from consideration if and when necessary. 6. Develop grant agreements with, and administer funds to, applicants and submit quarterly and final reports to FEMA. HAZARD MITIGATION GRANT PROGRAM 5 APPLICANT HANDBOOK AND GUIDELINES MAY 1997 B. Applicant: Applicants are responsible for the identification of projects, priorities and submittal of proposals to the state for funding consideration. Additionally, the applicant is responsible for providing any additional information necessary to support FEMA's National Environmental Policy Act (NEPA) environmental analysis. As part of the project identification process, jurisdictions should have developed a local hazard mitigation/damage reduction plan. This plan should identify the hazards with the responsibility of the jurisdiction and proposed solutions. The state's plan is a requirement for federal disaster assistance, either grants or loans. (Section 409 of P.L. 93-288, as amended, is included as Appendix 4). Those jurisdictions that have local mitigation plans that adequately address the hazards and offer alternative solutions will receive additional priority during the application process. Eventually, a local mitigation plan will be required to be eligible to apply for HMGP funds. The Chief Executive Officer of the applicant must designate an Applicant's Agent to represent the applicant to arrange for work, monitor and evaluate work completed, and provide for all essential documentation to the DEPARTMENT. C. Federal Government: The Director of FEMA Region X will review the state's recommendations for projects. FEMA has the final approval authority for funding of all projects. FEMA will also prepare all environmental review documents on the submitted projects. IV. FUNDING OF ELIGIBLE PROJECTS A. Federal: The U.S. Congress revised the Stafford Act following the Midwest Floods of 1993. This revision provided for additional HMGP funds. For declared disasters after June 10, 1993; Mitigation program funding is based on 15 percent of the federal expenditures under all categories of the Public Assistance program and the Individual Assistance program, less administrative cost. Project costs are shared on a 75 percent federal, 25 percent non-federal basis. Currently the non-federal share is split between the state and the applicant (or 12.5 percent state, and 12.5 percent applicant). The non-federal share may vary by disaster. The development of the grant agreement and obligation of federal funds for specific projects will be completed only upon receipt by the DEPARTMENT of formal notification of project approval from FEMA. 6 HAZARD MITIGATION GRANT PROGRAM APPLICANT HANDBOOK AND GUIDELINES MAY 1997 B. Applicant: The applicant's share of the project costs may be composed of applicant-generated revenue and private sector resources (loans, etc.). In some situations other state grant funds and Community Development Block Grant funds can be used as part of the local match, as long as they are not precluded so by law. Applicant contributions can also be in the form of documented in-kind services. Volunteer labor and materials, actual in-house labor and equipment costs, are just some of the types of in-kind services that may be considered as part of the applicant share. However the HMGP is a grant "reimbursement" program and applicants should have sufficient resources to begin the project. C. State: The state's share of the project costs is established in the federal-state agreement signed by the Governor. Currently the state's share of project costs is one-half of the non-federal share of the approved project costs. Prior to the disbursement of funds, the DEPARTMENT and the Applicant will execute a grant agreement outlining agreed upon costs, reimbursements, scope of work, and estimated completion schedules. Grant agreements are only developed following approval and receipt of funding documents from FEMA. V. PROJECT ELIGIBILITY REQUIREMENTS A. Federal Criteria: In addition to federal requirements (as noted in 206.434, 44 CFR, Appendix#1) a project must: 1. Solve the problem it is intended to address; 2. Be located in a community participating and in good standing in the National Flood Insurance Program (NFIP); 3. Meet all applicable federal, state, and local permit requirements, and "not contribute to or encourage development in the floodplain, wetlands, or other hazardous areas" (Federal Executive Orders 11988, 11990 and 12898.); and 4. Be cost effective in that it: a) Addresses a problem that has been repetitive, or a specific problem that poses a significant risk if left unsolved. b) Will not cost more than the anticipated value of the reduction in both damages and subsequent negative impacts to the area if future disasters were to occur. HAZARD MITIGATION GRANT PROGRAM 7 APPLICANT HANDBOOK AND GUIDELINES MAY 1997 c) Has been determined to be the most practical, effective and environmentally sound alternative after consideration of a range of options. d) Contributes, to the extent practical, to a permanent or long-term solution to the problem it is intended to address. e) Considers long-term change to the areas and entities it protects, and has manageable future maintenance and modification requirements. B. State Criteria: In addition to the above criteria, a project must also support the general hazard mitigation objectives contained in the disaster specific, statewide Hazard Damage Reduction Plan(s). Specifically, these projects should: 1. Protect lives and reduce public risk; 2. Increase public safety through improved warning, gauging, and forecasting systems; 3. Reduce the level of disaster vulnerability in existing structures; 4. Avoid future inappropriate development in areas vulnerable to future disasters; 5. Develop and implement comprehensive programs, standards, and regulations that reduce disaster damage; 6. Provide a cooperative, inter-jurisdictional solution to reduce future disaster damage; 7. Reduce the number of vulnerable structures through acquisition, relocation, or flood proofing; 8. Address emerging hazard damage issues such as urban storm water, trees in power right-of-ways, etc.; 9. Restore or protect natural resource, recreation, open spaces, or other environmental values; 10. Increase public awareness of disaster hazards, preventive measures, and emergency responses to disaster; 11. Reflect adoption of local hazard mitigation planning; and 12. Support the goals and objectives of the Growth Management Act. VI. SOLICITATION OF APPLICATIONS A. Following a Presidential Declaration of a major disaster in the state of Washington, the State Hazard Mitigation Officer (SHMO) will make every effort to publicize the hazard mitigation grant program and inform potential applicants of the availability of mitigation grant funding. Appendix#2 is a condensed informational handout on this program. B. Information on the program will be given during all public assistance applicant briefings. Also, letters and information may be sent to recognized emergency management offices within affected counties, participants in the Public Assistance program, and other interested parties. Information will also be distributed in all mitigation training and briefings. 8 HAZARD MITIGATION GRANT PROGRAM APPLICANT HANDBOOK AND GUIDELINES MAY 1997 C. At the discretion of the State and Federal Hazard Mitigation Officers, a joint press release describing the program may be developed and issued. This release will contain, at a minimum, program information, a letter of intent and application deadlines, and a. point of contact for further information. The "Letter of Intent" must be received by the DEPARTMENT and is a requirement for an applicant to receive an HMGP application. VII. PROJECT IDENTIFICATION In addition to the project application process outlined above, the SHMO will identify and encourage appropriate mitigation projects by doing the following: A. Prior to the Preliminary Damage Assessment (PDA), brief survey teams on the Hazard Mitigation Grant Program and enlist their help in identifying potential mitigation projects and issues. B. Brief the Public Assistance Damage Survey Report Teams that will complete detailed inspections of damaged facilities so that they may identify broad or comprehensive projects that impact several sites. Teams will report findings to the SHMO. C. Review hazard mitigation team (Hazard Mitigation Survey Team or Interagency Hazard Mitigation Team) reports from previous and current federally declared disasters to identify potential projects for funding. D. Review unfunded grant applications from prior declared disasters, activities, or state priorities for possible funding. E. Review local hazard mitigation plans from declared jurisdictions. VIII. PROJECT CRITERIA - What Makes a Successful Project Application? In addition to meeting the state and federal criteria on pages 7 and 8, successful HMGP project applications should also have: A. In depth, documented development of viable alternatives, including the no action alternative. The project recommended must have been determined to be the most practical, effective, and environmentally sound alternative after consideration of a range of options. At a minimum, at least three alternatives must be fully developed and presented. B. Documentation of recent public involvement in the development and selection of the alternatives. Public involvement and notice are requirements under the National Environmental Policy Act (NEPA). Applications that do not have this documentation, especially those that affect property owners will be ineligible. For guidance on the level of public participation, contact HMGP staff. HAZARD MITIGATION GRANT PROGRAM 9 APPLICANT HANDBOOK AND GUIDELINES MAY 1997 IX. APPLICATION PROCESS Following a Presidential Disaster Declaration that provides Public Assistance or Individual Assistance program funds to the state of Washington, the state may request Hazard Mitigation Grant Program funds. The following process is used to request and administer the program. A. State Submission of Letter of Intent to Participate to FEMA: The DEPARTMENT will submit Letter of Intent to participate in the Hazard Mitigation Grant Program to FEMA within 60 days of the disaster declaration date. B. Submission of Applications to the State: The DEPARTMENT will solicit "Letters of Intent" (Appendix #3 - a sample letter) from applicants normally within 45 - 60 days of the disaster declaration, or some reasonable period following a catastrophic disaster. Normally, upon receipt and processing of the applicant Letters of Intent, the DEPARTMENT will send applications to the interested applicants for completion. A date will be established by the state for the return of the completed applications (normally 120 days from the receipt of the application.) This date will be established after review of the Letters of Intent, discussions with FEMA and the Applicants. The date should allow enough time to ensure compliance with all environmental requirements (NEPA, SEPA, etc.), development of alternatives, and to allow public involvement. C. Review. Ranking and Selection of Projects: 1. Review Process: a) The DEPARTMENT will review all applications for completeness and to ensure they meet state and federal eligibility criteria. Applicants with ineligible or incomplete applications will be notified. Ineligible applications will NOT be scored. b) If necessary, the state will appoint a Mitigation Grant Review Committee, if one is not already established, to review and make funding recommendations on the applications. 10 HAZARD MITIGATION GRANT PROGRAM APPLICANT HANDBOOK AND GUIDELINES MAY 1997 2. Ranking Process and Criteria: a) If a Mitigation Grant Review Committee is deemed necessary, it will rank all eligible projects. The Committee will use an Application Evaluation Package to score the applications. Ranking will include consideration based on meeting the: i) objectives and criteria in the State Hazard Mitigation Plan; ii) federal and state criteria as outlined earlier this document; iii) CFR Section 206.435 (b); iv) available funding; and v) previous and current HMGP participation. (1) Applicants are normally limited to four active projects at any one time. b) The HMGP Administrator will provide information on the projects to the DEPARTMENT Director, in prioritized order, those grant applications recommended for FEMA approval by the Mitigation Grant Review Committee. C) Applicants will be formally notified of the results of the ranking and review process and of their recommended, or non-recommended status by The DEPARTMENT. Applicants not being recommended for funding may appeal this decision under specific criteria. The state level appeal process is Appendix#6 to this document. d) If the situation warrants, a percentage of the hazard mitigation grant funds may be set aside to accomplish projects as outlined in the Hazard Mitigation Plan. These projects will be exempt from the Committee ranking process. D. Submission of Selected Pr-jects to FEMA: 1. The SHMO will prepare a project package, for transmittal to FEMA by the DEPARTMENT Director, containing: a) A narrative describing the anticipated projects and justification for recommendation and rationale for each project. b) Copies of recommended applications and additional pertinent information. C) A certification by the DEPARTMENT that the projects meet all federal and state eligibility requirements. d) A completed SF 424 (Application for Federal Assistance), which requests funding for all projects recommended. HAZARD MITIGATION GRANT PROGRAM 11 APPLICANT HANDBOOK AND GUIDELINES MAY 1997 2. Upon notification from FEMA of a decision on selected projects, the SHMO will notify applicants of FEMA's decision. a) Funded Projects Approved and funded applicants will be provided a copy of the Administrative Guidelines and Grant Agreement for Funded Projects. This document will help answer contracting questions and contains information on: i) Reporting requirements; ii) Process for requesting funds; iii) Information on administrative costs; and iv) the Grant Agreement between the state and the applicant. b) Non-approved/Unfunded Projects Upon notification from FEMA of projects that are not approved and not funded, the SHMO will send a letter to applicants on non-approval and non-funding. Specific criteria for appealing the federal decision will be provided. E. Withdrawal of Recommended Projects: The state may opt to withdraw a project from consideration by FEMA. A list of possible reasons include, but are not limited to: 1. Misrepresentation(s) by the applicant in the application; 2. Non-covered cost increases prior to FEMA approval; 3. Loss, or reduction, of committed funding; 4. Failure to maintain eligibility as described on pages 7 and 8 of this document or as outlined in 44 CFR 206.434; 5. Lack of public participation; and 6. Major changes in the recommended project scope of work. X. PROGRAM ADMINISTRATION For informational purposes, and to help explain the HMGP process, the following information is provided on the program administration. A. State Administrator 1. The SHMO is responsible for project management and record keeping, including project files which contain all correspondence, applications, vouchers, reports, receipts, and related documentation. 2. The SHMO will oversee preparation of the state/local grant agreement outlining the work to be done and costs. 12 HAZARD MITIGATION GRANT PROGRAM APPLICANT HANDBOOK AND GUIDELINES MAY 1997 3. Quarterly progress reports will be submitted to FEMA by the SHMO based on the reports provided by the Applicant's Agent. A final report will also be required from each applicant, and close-out documents will be submitted to FEMA by the HMGP Administrator. `Note that a failure by the applicant to submit reports, may be cause for the termination of a grant. B. Financial Management 1. The DEPARTMENT will serve as Grantee for project financial management in accordance with 44 CFR, Part 13. Subgrantees (APPLICANT) are accountable to the Grantee for funds that are awarded. 2. Subgrantees are the legal entities to which the state awards money for projects. They can be a state agency, local government, special district, private nonprofit organization, or Indian Tribe. Subgrantees are responsible to the Grantee for expenditures, work performed, and reporting requirements. 3. Allowable costs associated with administering the program are authorized in accordance with Section 206.439, 44 CFR. 4. Project costs will be reimbursed on an actual cost basis up to the contract amount. Twenty-five percent (equivalent to the state share), along with the sub- grantee administrative funds, may be retained pending project completion and close-out. 5. Payment will be based on subgrantee submittal of an A-19, Voucher Distribution form and documentation of expenditures. 6. Cost overruns will normally be the responsibility of the applicant. 7. Final Payment: a) The Applicant's Agent will submit a final A-19 Voucher Distribution and final report to the SHMO after the project work has been completed. b) A final inspection of the completed project will be performed by the state. A joint State/FEMA inspection will be conducted when possible. FEMA will notify and coordinate any additional inspections by FEMA staff prior to the inspection. Final payments will be made upon completion of the state's final inspection as specified in the grant agreement. XI. AUDIT REQUIREMENTS Uniform audit requirements as set forth in 44 CFR, Part 14 apply to all grant assistance provided under this program. FEMA may elect to conduct a federal audit on the hazard mitigation grant or on any of the subgrants. HAZARD MITIGATION GRANT PROGRAM 13 APPLICANT HANDBOOK AND GUIDELINES MAY 1997 XII. CLOSE-OUT PROCEDURES A. The subgrantee will submit close-out information in the form of a final report on work done, expenditures, and other costs. B. The Department will send a close-out letter to the Sub-grantee after inspection. C. A project close-out will be noted in the project files. D. Final payment will be made. XIII. ADMINISTRATIVE DOCUMENT REVIEW This document will be reviewed annually or after a Presidential Disaster Declaration to ensure compliance with the law, implementing regulations, and state policies. It will be updated as needed to reflect regulatory or policy changes or to improve program administration. XIV. AUTHORITIES AND REFERENCES: A. Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended by PL 100-707, Sections 404 and 409. B. Federal Emergency Management Agency (FEMA) Regulations, 44 CFR, Part 206, Subparts M and N. C. FEMA Regulations, 44 CFR, Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. D. Single Audit Act of 1984. E. Chapter 38.52, Revised Code of Washington, Emergency Management. XV. DEFINITIONS Selected definitions are shown below. A complete list of applicable definitions is found in 206.431, Subpart N of 44 CFR Part 206. Subpart N is attached as Appendix 1. A. "Applicant" means a state agency, local government, special district, eligible private nonprofit organization, or Indian Tribe. B. "Grant' means an award of financial assistance. C. "Grantee" will mean the State of Washington. D. "Sub-grant' means an award of financial assistance under a grant to an eligible applicant. 14 HAZARD MITIGATION GRANT PROGRAM APPLICANT HANDBOOK AND GUIDELINES MAY 1997 E. "Sub-grantee" means the applicant, government or other legal entity to which a sub- grant is awarded and which is accountable to the grantee for the use of the funds provided. (This is the wording used to reference the applicant on the FEMA funding documents) F. "State Hazard Mitigation Officer (SHMO)" means the individual designated as the responsible individual for all matters related, overall, to the Hazard Mitigation Grant Program, and the Section 409 Hazard Mitigation Planning Program, Sections 404 and 409 respectively of PL 93-288, as amended. G. "Project" means any eligible mitigation measure or action to reduce risk of future damage, hardship, loss or suffering from disasters. The terms "project" and "measure" are used interchangeably in the regulations. H. "Mitigation Grant Review Committee" means the five (5) member grant application review body at the state level. I. "Washington State Hazard Damage Reduction Plan" means the disaster specific document that identifies statewide hazard damage reduction goals and objectives, the means to accomplish them, and a time frame for implementation. APPENDICES Appendix 1, Subpart M & N, Hazard Mitigation Program, Part 206 44 CFR Appendix 2, Hazard Mitigation Grant Program Information Handout (Fact Sheet) Appendix 3, Applicant"Letter of Intent"to the State Appendix 4, "Step by Step"Application directions Appendix 5, HMGP Sample Application Appendix 6, State Level Appeal Process Appendix 7, Excerpts from P.L. 93-288, as amended Appendix 8, FEMA's HMGP Guidance for Acquisitions & Relocations Appendix 9, Relocation Assistance to Tenants Worksheet HAZARD MITIGATION GRANT PROGRAM 15 APPLICANT HANDBOOK AND GUIDELINES MAY 1997 (This page is purposely blank.) HAZARD MITIGATION GRANT PROGRAM APPLICANT HANDBOOK AND GUIDELINES APPENDIX 1 16 MAY 1997 Code of Federal Regulations [Title 44, Volume 11 [Revised as of October 1, 1996] From the U.S. Government Printing Office via GPO Access [CITE: 44CFR206] [Page 489-494] TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE CHAPTER I FEDERAL EMERGENCY MANAGEMENT AGENCY PART 206--FEDERAL DISASTER ASSISTANCE FOR DISASTERS DECLARED ON OR AFTER NOVEMBER 23, 1988--Table of Contents Subpart M Hazard Mitigation Planning Source: 55 FR 35529, Aug. 30, 1990, unless otherwise noted. Sec. 206.400 General. This subpart prescribes the requirements for implementation of section 409 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Pub. L. 93-288, as amended, hereinafter referred to as the"Stafford Act") and prescribes Federal, State and local hazard mitigation planning responsibilities following the declaration of a major disaster or emergency, or declaration for fire suppression assistance pursuant to section 420 of the Stafford Act. Sec. 206.401 Definitions. Federal Hazard Mitigation Officer is the FEMA employee responsible for carrying out the overall responsibilities for hazard mitigation and for this subpart, including coordinating post-disaster hazard mitigation actions with other agencies of government at all levels. Hazard Mitigation means any action taken to reduce or eliminate the long-term risk to human life and property from natural hazards. Hazard Mitigation Grant Program means the program authorized under section 404 of the Stafford Act, which may provide funding for certain mitigation measures identified through the evaluation of hazards conducted under section 409 of the Stafford Act. Hazard Mitigation Plan means the plan resulting from a systematic evaluation of the nature and extent of vulnerability to the effects of natural hazards present in society and includes the actions needed to minimize future vulnerability to hazards, as required under section 409 of the Stafford Act. Hazard Mitigation Plan Update means an update to the existing hazard mitigation plan, which may be accomplished either by updating the status of mitigation actions within the existing plan, or by expanding the existing plan to address additional hazards or mitigation issues. Hazard Mitigation Survey Team means the FEMA/State/Local survey team that is activated following disasters to identify immediate mitigation opportunities and issues to be addressed in the section 409 hazard mitigation plan. The Hazard Mitigation Survey Team may include representatives of other Federal agencies, as appropriate. Interagency Hazard Mitigation Team means the mitigation team that is activated following flood related disasters pursuant to the July 10, 1980 Office of Management and Budget directive on Nonstructural HAZARD MITIGATION GRANT PROGRAM APPLICANT HANDBOOK AND GUIDELINES APPENDIX 1 MAY 1997 17 Flood Protection Measures and Flood Disaster Recovery, and the subsequent December 15, 1980 Interagency Agreement for Nonstructural Damage Reduction. Local Hazard Mitigation Officer is the representative of local government who serves on the Hazard Mitigation Survey Team or Interagency Hazard Mitigation Team and who is the primary point of contact with FEMA, other Federal agencies, and the State in the planning and implementation of post-disaster hazard mitigation activities. Measure means any mitigation measure, project, or action proposed to reduce risk of future damage, hardship, loss or suffering from disasters. Natural Disaster is any natural catastrophe, including any hurricane, tornado, storm, high water, wind driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, fire, or drought. State Hazard Mitigation Officer is the representative of State government who is the primary point of contact with FEMA, other Federal agencies, and local units of government in the planning and implementation of post-disaster mitigation programs and activities required under the Stafford Act. Sec. 206.402 Responsibilities. (a) General. This section identifies the key responsibilities of FEMA, States, and local participants in carrying out the requirements of section 409 of the Stafford Act. (b) FEMA. The key responsibilities of the FEMA Regional Director are to: (1) Oversee all FEMA-related pre-and post-disaster hazard evaluation and mitigation programs and activities; (2) Appoint a Federal Hazard Mitigation Officer for each disaster to manage hazard mitigation programs and activities; (3) Provide technical assistance to State and local governments in fulfilling mitigation responsibilities; (4) Conduct periodic review of State hazard mitigation activities and programs to ensure that States are adequately prepared to meet their responsibilities under the Stafford Act; (5) Assist the State in the identification of the appropriate mitigation actions that a State or locality must take in order to have a measurable impact on reducing or avoiding the adverse effects of a specific hazard or hazardous situation. (6) Subsequent to a declaration,follow-up with State and local governments to ensure that mitigation commitments are fulfilled, and when necessary, take action, including recovery of funds or denial of future funds, if mitigation commitments are not fulfilled. ( c) States. The key responsibilities of the State are to coordinate all State and local responsibilities regarding hazard evaluation and mitigation, and to; (1) Appoint a State Hazard Mitigation Officer, who reports to the governor's authorized representative, and who serves as the point of contact for and coordinates all matters relating to section 409 hazard mitigation planning and implementation; (2) Prepare and submit, in accordance with the FEMA/State Agreement and the requirements of this subpart, a hazard mitigation plan(s) or update to existing plan(s), as required under Sec. 206.405. Such plan or update is to include an evaluation of the natural hazards in the declared area, and an identification of appropriate actions to mitigate those hazards; (3) Participate in the Hazard Mitigation Survey Team or Interagency Hazard Mitigation Team activated after the declaration; (4) Arrange for appropriate State and local participation on the Hazard Mitigation Survey Team or Interagency Hazard Mitigation Team and in the section 409 planning process; HAZARD MITIGATION GRANT PROGRAM APPLICANT HANDBOOK AND GUIDELINES APPENDIX 1 18 MAY 1997 (5) Follow-up with State agencies and local governments to assure that appropriate hazard mitigation actions are taken. This involves coordination of plans and actions of local governments to assure that they are not in conflict with each other or with State plans; (6) Ensure that the activities, programs and policies of all State agencies related to hazard evaluation, vulnerability, and mitigation are coordinated and contribute to the overall lessening or avoiding of vulnerability to natural hazards. (d) Local governments. The key responsibilities of local governments are to: (1) Participate in the process of evaluating hazards and adoption of appropriate hazard mitigation measures, including land use and construction standards; (2) Appoint a Local Hazard Mitigation Officer, if appropriate; (3) Participate on Hazard Mitigation Survey Teams and Interagency Hazard Mitigation Teams, as appropriate; (4) Participate in the development and implementation of section 409 plans or plan updates, as appropriate; (5) Coordinate and monitor the implementation of local hazard mitigation measures. Sec. 206.403 Pre-declaration activities. (a) General. As part of FEMA's response to a Governor's request for a declaration, FEMA will evaluate information concerning the status of hazard mitigation efforts in the impacted State and localities. (b) Mitigation evaluation. The mitigation review of State and local government activities in the impacted area shall include: (1) The status of a statewide comprehensive hazard mitigation plans, programs, or strategies; (2) The status of hazard mitigation plans or plan updates required as a condition of any previous declaration; (3) The status of any actions which the State or localities agreed to undertake as a condition of past disaster assistance; (4) The status of any mitigation measures funded under section 404 of the Stafford Act for any previous declaration; (5) The status of any other hazard evaluation and mitigation projects funded under other FEMA or other Federal agency programs; (6) An evaluation of the impact of the hazard(s) and any corresponding mitigation issues pertinent to the area for which Federal disaster assistance is being requested; (7) Any other hazard evaluation and mitigation information available and considered relevant. (c) FEMA-State agreement. Based on the conditions warranted by the declaration, and on the findings of the mitigation evaluation, the FEMA-State Agreement shall include appropriate mitigation provisions, such as the requirement to prepare a hazard mitigation plan or update. Sec. 206.404 Mitigation survey teams. (a) Hazard mitigation surveys. Hazard mitigation surveys are performed immediately following the declaration of a disaster to identify the following: (1) Hazard evaluation and mitigation measures that must be incorporated into the recovery process; (2) Possible measures for funding under the Hazard Mitigation Grant Program, or under other disaster assistance programs; (3) Issues for inclusion in the section 409 hazard mitigation plan. (b) Hazard Mitigation Survey Teams. Hazard Mitigation Survey Teams shall be activated by the Regional Director immediately following the declaration to conduct hazard mitigation surveys. The Hazard Mitigation Survey Team shall consist of FEMA, State, and appropriate local government representatives, and representatives of any other Federal agencies that may be appropriate. In the HAZARD MITIGATION GRANT PROGRAM APPLICANT HANDBOOK AND GUIDELINES APPENDIX 1 MAY 1997 19 case of flood declarations, the Interagency Hazard Mitigation Team will serve the purpose of the Hazard Mitigation Survey Team. (c) Survey team reports. Within 15 days following a declaration Hazard Mitigation Survey Team report shall be prepared and distributed in accordance with FEMA policies and procedures. The Regional Director has the authority to extend this due date when necessary. Sec. 206.405 Hazard mitigation plan. (a) General. In order to fulfill the requirement to evaluate natural hazards within the designated area and to take appropriate action to mitigate such hazards the State shall prepare and implement a hazard mitigation plan or plan update. At a minimum the plan shall contain the following: (1) An evaluation of the natural hazards in the designated area; (2) A description and analysis of the State and local hazard management policies, programs, and capabilities to mitigate the hazards in the area; (3) Hazard mitigation goals and objectives and proposed strategies, programs, and actions to reduce or avoid long term vulnerability to hazards, (4) A method of implementing, monitoring, evaluating, and updating the mitigation plan. Such evaluation is to occur at least on an annual basis to ensure that implementation occurs as planned, and to ensure that the plan remains current. (b) Plan approach. Hazard mitigation plans should be oriented toward helping States and localities to develop hazard management capabilities and programs as part of normal governmental functions. All States are encouraged to develop a basic mitigation plan prior to the occurrence of a disaster, so that the basic plan can simply be expanded or updated to address specific issues arising from the disaster. At the time of a declaration, the Regional Director, in consultation with the State, shall determine whether a new mitigation plan is required as a result of the declaration, or whether an existing plan can simply be updated or expanded. (c) Plan content and format. The specific content and format of a hazard mitigation plan or plan update shall be determined through guidance and technical assistance that the Regional Director provides to the State during the section 409 planning process. At a minimum, the plan or update must address the items listed in paragraph (a) of this section. (d) Plan submission. All States shall submit a hazard mitigation plan or plan update on behalf of the State and any appropriate local governments included in the designated area. The plan or update is due to FEMA within 180 days of the date of the declaration. The Regional Director may grant extensions to this date not to exceed 365 days from the date of the declaration when adequate justification is received in writing from the State. Extensions beyond that date must be forwarded with justification to the Associate Director for approval. (e) Plan approval. Upon receipt of a hazard mitigation plan or plan update, the Regional Director shall acknowledge receipt in writing to the Governor or appropriate agency. Written comments shall state whether the plan is approved, shall detail any shortcomings that may exist, and shall include a suggested method and timeline for correction if necessary. (Approved by the Office of Management and Budget under OMB control number 3067-0212) Sec. 206.406 Hazard mitigation planning process. (a) General. A sound planning process is essential to the development and implementation of an effective hazard mitigation plan. A critical element of successful mitigation planning is the involvement of key State agencies, local units of government, and other public or private sector bodies or agencies that influence hazard management or development policies within a State or local unit of government. This section identifies principal components of the mitigation planning process. (b) FEMA technical assistance. States may request the Regional Director to provide technical assistance and guidance throughout the planning process to ensure that the plan or update adequately HAZARD MITIGATION GRANT PROGRAM APPLICANT HANDBOOK AND GUIDELINES APPENDIX 1 20 MAY 1997 addresses mitigation concerns related to the disaster. Technical assistance may include but is not limited to: (1) Identification of mitigation issues through the Interagency Hazard Mitigation Team or Hazard Mitigation Survey Team report; (2) Initial meeting with the State to identify key staff, timeline, and scope of work for development of the hazard mitigation plan or update; (3) Review of timelines, outlines, drafts, and other appropriate material during development of the hazard mitigation plan or update. (4) Provision of Federal technical assistance information and identification of technical experts, if needed. (c) State involvement. Though the primary responsibility for development of a hazard mitigation plan is assigned to one State agency, any State agency that influence development within hazardous areas through ongoing programs and activities should be involved in the development and implementation of hazard mitigation plans. This includes, but is not limited to, agencies involved with emergency management, natural resources, environmental regulations, planning and zoning, community development, building regulations, infrastructure regulation or construction, public information, and insurance. It is the responsibility of the State agency assigned lead responsibility for hazard mitigation to ensure that all other appropriate State agencies have the opportunity to participate in development and implementation of hazard mitigation planning. (d) Local involvement. Local participation in hazard mitigation planning is essential because regulation and control of development within hazardous areas normally occurs at the local level. It is the responsibility of the State to ensure that appropriate local participation is obtained during development and implementation of hazard mitigation planning. (e) Private sector involvement. When appropriate, a State or local government may choose to involve the private sector in the planning process. Support from the private sector is often essential to successful implementation of mitigation strategies at the local level. Involvement of the private sector in the early stages of the planning process may facilitate understanding and support for mitigation. (f) Development of hazard mitigation goals and objectives. The participants in the planning process shall develop the basic mitigation goals and objectives from which the proposed hazard mitigation strategies, programs, and actions required under Sec. 206.405(3)shall be drawn. (g) Identification of projects to be funded under the Hazard Mitigation Grant Program. The Hazard Mitigation Grant Program, authorized under section 404 of the Stafford Act, provides up to 50 percent Federal funding for cost-effective mitigation measures that are consistent with the evaluation of hazards under section 409. Throughout the process of preparing a hazard mitigation plan or plan update, the State and local governments will be evaluating natural hazards and identifying potential mitigation measures which may be eligible for funding under the Hazard Mitigation Grant Program. 44 CFR part 206, subpart N sets forth the regulations for funding these mitigation measures. (h) Coordination with other hazard evaluation and mitigation planning efforts. During the process of developing a mitigation plan to satisfy requirements under this subpart, the State will ensure that the planning effort is coordinated with any other hazard evaluation and mitigation planning program within the State or local unit of government, including but not limited to the Disaster Preparedness Improvement Grant Program, the Hurricane Program, the Earthquake Hazard Reduction Program, the Dam Safety Program, the National Flood Insurance Program, and other similar programs of FEMA and other Federal agencies. (i) Evaluation and monitoring. The State is responsible for monitoring and evaluating implementation of the hazard mitigation plan and for submitting annual progress reports to FEMA. The progress report will briefly indicate the status of implementation of the mitigation actions contained within the plan, and will include documentation relating to measures which have been implemented, where appropriate. The Regional Director may require the State to provide additional progress reports or more specific information on particularly critical mitigation actions, if necessary. HAZARD MITIGATION GRANT PROGRAM APPLICANT HANDBOOK AND GUIDELINES APPENDIX 1 MAY 1997 21 Sec. 206.407 Minimum standards. (a) General. As a condition of any disaster loan or grant made under the Stafford Act, section 409 requires that the recipient shall agree that any repair or construction shall be in accordance with applicable standards of safety, decency, and sanitation, and in conformity with applicable codes, specifications, and standards. The hazard mitigation planning process required under section 409 can assist with the identification of inadequate standards as described below. (b) Local standards. The cost of bringing a facility up to minimum standards is an eligible cost under subpart H of this part when such standards apply to the types of work being performed. These standards, including standards for hazard mitigation, can either be in place at the time of the disaster or can be adopted prior to approval of the project. Where current mitigation standards are inadequate, new standards may be identified in the following ways: (1) Through the Interagency Hazard Mitigation Team or Hazard Mitigation Survey Team; (2) Through the hazard mitigation planning process; (3) By the State or local governments; (4) Through the public assistance program; and, (5) Through identification of mitigation measures under the Hazard Mitigation Grant Program. (c) Compliance. The State shall ensure that the sub-grantee meets compliance with minimum standards as that term is used in section 409. Code of Federal Regulations [Title 44, Volume 1] [Revised as of October 1, 1996] From the U.S. Government Printing Office via GPO Access [CITE: 44 CFR 206] [Page 494-502] TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE CHAPTER I FEDERAL EMERGENCY MANAGEMENT AGENCY PART 206--FEDERAL DISASTER ASSISTANCE FOR DISASTERS DECLARED ON OR AFTER NOVEMBER 23, 1988--Table of Contents Subpart N Hazard Mitigation Grant Program Source: 55 FR 35537, Aug. 30, 1990, unless otherwise noted. Sec. 206.430 General. This subpart provides guidance on the administration of hazard mitigation grants made under the provisions of section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5170c, hereafter Stafford Act, or the Act. [59 FIR 24356, May 11, 1994] HAZARD MITIGATION GRANT PROGRAM APPLICANT HANDBOOK AND GUIDELINES APPENDIX 1 22 MAY 1997 Sec. 206.431 Definitions. (a) Applicant means a State agency, local government, or eligible private nonprofit organization, as defined in subpart H of this part, submitting an application to the Governor's Authorized Representative for assistance under the Hazard Mitigation Grant Program. (b) Application means the initial request for section 404 funding, as outlined in Sec. 206.436. (c) Grant means an award of financial assistance. The total grant award shall not exceed ten percent of the estimated Federal assistance provided under section 406 of the Stafford Act for major disasters declared before June 10, 1993. For major disasters declared on or after June 10, 1993, the total grant award shall not exceed 15 percent of the total estimated Federal assistance (excluding any associated administrative costs) provided under sections 403, 406, 407, 408, 410, 411, 416, and 601 of the Stafford Act. (d) Grantee means the government to which a grant is awarded and which is accountable for the use of the funds provided. The grantee is the entire legal entity even if only a particular component of the entity is designated in the grant award document. For purposes of this part, except as noted in Sec. 206.436(g)(1), the State is the grantee. (e) Measure means any mitigation measure, project, or action proposed to reduce risk of future damage, hardship, loss or suffering from disasters. The term"measure" is used interchangeably with the term .,project" in this part. (f) Project means any mitigation measure, project, or action proposed to reduce risk of future damage, hardship, loss or suffering from disasters. The term"project" is used interchangeably with the term "measure" in this part. (g) Section 409 Hazard Mitigation Plan is the hazard mitigation plan required under section 409 of the Act as a condition of receiving Federal disaster assistance under Public Law 93-288, as amended. This hazard mitigation plan is the basis for the identification of measures to be funded under the Hazard Mitigation Grant Program. (h) State Administrative Plan for the Hazard Mitigation Grant Program means the plan developed by the State to describe the procedures for administration of the Hazard Mitigation Grant Program. (i) Subgrant means an award of financial assistance under a grant by a grantee to an eligible subgrantee. Q) Subgrantee means the government or other legal entity to which a subgrant is awarded and which is accountable to the grantee for the use of the funds provided. Subgrantees can be a State agency, local government, private non-profit organization, or Indian tribe as outlined in Sec. 206.434. (k) Supplement means an amendment to the hazard mitigation application to add or modify one or more mitigation measures. [55 FIR 35537, Aug. 30, 1990, as amended at 59 FIR 24356, May 11, 1994] Sec. 206.432 Federal grant assistance. (a) General. This section describes the extent of Federal funding available under the State's grant, as well as limitations and special procedures applicable to each. (b) Limitations on Federal expenditures. The total of Federal assistance under section 404 shall not exceed 15 percent of the total estimated Federal assistance (excluding any associated administrative costs) provided under sections 403, 406, 407, 408, 410, 411, 416, and 601 of the Stafford Act. The estimate of Federal assistance under these sections shall be based on the Regional Director's estimate of all Damage Survey Reports, actual grants, mission assignments, and associated expenses. (c) Cost sharing. All mitigation measures approved under the State's grant will be subject to the cost sharing provisions established in the FEMA-State Agreement. FEMA may contribute up to 75 percent of the cost of measures approved for funding under the Hazard Mitigation Grant Program for major disasters declared on or after June 10, 1993. FEMA may contribute up to 50 percent of the cost of measures approved for funding under the Hazard Mitigation Grant Program for major disasters HAZARD MITIGATION GRANT PROGRAM APPLICANT HANDBOOK AND GUIDELINES APPENDIX 1 MAY 1997 23 declared before June 10, 1993. The nonfederal share may exceed the Federal share. FEMA will not contribute to costs above the Federally approved estimate. [55 FIR 35537, Aug. 30, 1990, as amended at 59 FIR 24356, May 11, 1994] Sec. 206.433 State responsibilities. (a) Grantee. The State will be the Grantee to which funds are awarded and will be accountable for the use of those funds. There may be subgrantees within the State government. (b) Priorities. The State will determine priorities for funding. This determination must be made in conformance with Sec. 206.435. (c) Hazard Mitigation Officer. The State must appoint a Hazard Mitigation Officer, as required under 44 CFR part 206 subpart M, who serves as the responsible individual for all matters related to the Hazard Mitigation Grant Program. (d) Administrative plan. The State must have an approved administrative plan for the Hazard Mitigation Grant Program in conformance with Sec. 206.437. Sec. 206.434 Eligibility. (a) Applicants. The following are eligible to apply for the Hazard Mitigation Program Grant: (1) State and local governments; (2) Private non-profit organizations or institutions that own or operate a private non-profit facility as defined in Sec. 206.221(e); (3) Indian tribes or authorized tribal organizations and Alaska Native villages or organizations, but not Alaska native corporations with ownership vested in private individuals. (b) Minimum project criteria. To be eligible for the Hazard Mitigation Grant Program, a project must: (1) Be in conformance with the hazard mitigation plan developed as a requirement of section 409; (2) Have a beneficial impact upon the designated disaster area, whether or not located in the designated area; (3) Be in conformance with 44 CFR part 9, Floodplain Management and Protection of Wetlands, and 44 CFR part 10, Environmental Considerations; (4) Solve a problem independently or constitute a functional portion of a solution where there is assurance that the project as a whole will be completed. Projects that merely identify or analyze hazards or problems are not eligible; (5) Be cost-effective and substantially reduce the risk of future damage, hardship, loss, or suffering resulting from a major disaster. The grantee must demonstrate this by documenting that the project; i) Addresses a problem that has been repetitive, or a problem that poses a significant risk to public health and safety if left unsolved, ii) Will not cost more than the anticipated value of the reduction in both direct damages and subsequent negative impacts to the area if future disasters were to occur. Both costs and benefits will be computed on a net present value basis, iii) Has been determined to be the most practical, effective, and environmentally sound alternative after consideration of a range of options, iv) Contributes, to the extent practicable, to a long-term solution to the problem it is intended to address, v) Considers long-term changes to the areas and entities it protects, and has manageable future maintenance and modification requirements. (c) Types of projects. Projects may be of any nature that will result in protection to public or private property. Eligible projects include, but are not limited to: (1) Structural hazard control or protection projects; (2) Construction activities that will result in protection from hazards; HAZARD MITIGATION GRANT PROGRAM APPLICANT HANDBOOK AND GUIDELINES APPENDIX 1 24 MAY 1997 (3) Retrofitting of facilities; (4) Property acquisition or relocation, as defined in Sec. 206.434(d); (5) Development of State or local mitigation standards; (6) Development of comprehensive hazard mitigation programs with implementation as an essential component; (7) Development or improvement of warning systems. (d) Property acquisition and relocation requirements. A project involving property acquisition or the relocation of structures and individuals is eligible for assistance only if the applicant enters an agreement with the FEMA Regional Director that provides assurances that: (1) The following restrictive covenants shall be conveyed in the deed to any property acquired, accepted, or from which structures are removed (hereafter called in section (d) the property): i) The property shall be dedicated and maintained in perpetuity for uses compatible with open space, recreational, or wetlands management practices; and ii) No new structure(s)will be built on the property except as indicated below: (A) A public facility that is open on all sides and functionally related to a designated open space or recreational use; (B) A rest room; or (C) A structure that is compatible with open space, recreational, or wetlands management usage and proper floodplain management policies and practices,which the Director approves in writing before the construction of the structure begins. iii) After completion of the project, no application for additional disaster assistance will be made for any purpose with respect to the property to any Federal entity or source, and no Federal entity or source will provide such assistance. (2) In general, allowable open space, recreational, and wetland management uses include parks for outdoor recreational activities, nature reserves, cultivation, grazing, camping (except where adequate warning time is not available to allow evacuation), temporary storage in the open of wheeled vehicles which are easily movable (except mobile homes), unimproved, previous parking lots, and buffer zones. (3) Any structures built on the property according to paragraph (d)(1)of this section, shall be floodproofed or elevated to the Base Flood Elevation plus one foot of freeboard. (e) Inapplicability of the Uniform Relocation Act. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 does not apply to real property acquisition projects which meet the criteria identified below: (1) The project provides for the purchase of property damaged by the major, widespread flooding in the States of Illinois, Iowa, Kansas, Minnesota, Missouri, Nebraska, North Dakota, South Dakota, and Wisconsin during 1993; (2) It provides for such purchase solely as a result of such flooding; (3) It is carried out by or through a State or unit of general local government; (4) The purchasing agency (grantee or subgrantee) notifies all potential property owners in writing that it will not use its power of eminent domain to acquire the properties if a voluntary agreement is not reached; (5) The project is being assisted with amounts made available for: i) Disaster relief by the Federal Emergency Management Agency; or ii) By other Federal financial assistance programs. (f) Duplication of programs. Section 404 funds cannot be used as a substitute or replacement to fund projects or programs that are available under other Federal authorities, except under limited circumstances in which there are extraordinary threats to lives, public health or safety or improved property. (g) Packaging of programs. Section 404 funds may be packaged or used in combination with other Federal, State, local, or private funding sources when appropriate to develop a comprehensive mitigation solution, though section 404 funds cannot be used as a match for other Federal funds. HAZARD MITIGATION GRANT PROGRAM APPLICANT HANDBOOK AND GUIDELINES APPENDIX 1 MAY 1997 25 [55 FR 35537,Aug. 30, 1990, as amended at 59 FR 24356, May 11, 1994] Sec. 206.435 Project identification and selection criteria. (a) Identification. It is the State's responsibility to identify and select hazard mitigation projects. All funded projects must be consistent with the State's section 409 hazard mitigation plan. Hazard mitigation projects may be identified through the section 409 planning process, or through any other appropriate means. Procedures for the identification, funding, and management of mitigation projects shall be included in the State's administrative plan. (b) Selection. The State will establish procedures and priorities for the selection of mitigation measures. At a minimum the criteria must be consistent with the criteria stated in Sec. 206.434(b)and include: (1) Measures that best fit within an overall plan for development and/or hazard mitigation in the community, disaster area, or State; (2) Measures that, if not taken, will have a severe detrimental impact on the applicant, such as potential loss of life, loss of essential services, damage to critical facilities, or economic hardship on the community; (3) Measures that have the greatest potential impact on reducing future disaster losses; (c) Other considerations. In addition to the selection criteria noted above, consideration should be given to measures that are designed to accomplish multiple objectives including damage reduction, environmental enhancement, and economic recovery, when appropriate. Sec. 206.436 Application procedures. (a) General. This section describes the procedures to be used by the State in submitting an application for funding for hazard mitigation grants. Under the Hazard Mitigation Grant Program the State is the grantee and is responsible for processing subgrants to applicants in accordance with 44 CFR parts 13 and 206. (b) Governor's Authorized Representative. The Governor's Authorized Representative serves as the grant administrator for all funds provided under the Hazard Mitigation Grant Program. The Governor's Authorized Representative's responsibilities as they pertain to procedures outlined in this section include providing technical advice and assistance to eligible subgrantees, and ensuring that all potential applicants are aware of assistance available and submission of those documents necessary for grant award. (c) Letter of intent to participate. Within 60 days of the disaster declaration, the State (Governor's Authorized Representative)will notify FEMA in writing of its intent to participate or not participate in the Hazard Mitigation Grant Program. States are also encouraged to submit a hazard mitigation application within this time frame so that immediate post-disaster opportunities for hazard mitigation are not lost. (d) Hazard mitigation application. Upon identification of mitigation measures, the State (Governor's Authorized Representative)will submit its section 404 Hazard Mitigation Application to the FEMA Regional Director. The Application will identify one or more mitigation measures for which funding is requested. The Application must include a Standard Form (SF)424, Application for Federal Assistance, SF 424D, Assurances for Construction Programs if appropriate, and a narrative statement. The narrative statement will contain any pertinent project management information not included in the State's administrative plan for Hazard Mitigation. The narrative statement will also serve to identify the specific mitigation measures for which funding is requested. Information required for each mitigation measure shall include the following: (1) Name of the subgrantee, if any; (2) State or local contact for the measure; (3) Location of the project; (4) Description of the measure; (5) Cost estimate for the measure; HAZARD MITIGATION GRANT PROGRAM APPLICANT HANDBOOK AND GUIDELINES APPENDIX 1 26 MAY 1997 (6) Analysis of the measure's cost-effectiveness and substantial risk reduction, consistent with Sec. 206.434(b); (7) Work schedule; (8) Justification for selection; (9) Alternatives considered; (10) Environmental information consistent with 44 CFR part 9, Floodplain Management and Protection of Wetlands, and 44 CFR part 10, Environmental Considerations; (e) Supplements. The application may be amended as the State and subgrantees develop the section 409 hazard mitigation plan and continue to identify measures to be funded. Amendments to add or modify measures are made by submitting supplements to the application. All supplements to the application for the purpose of identifying new mitigation measures must be submitted to FEMA within 90 days of FEMA approval of the section 409 plan. The Regional Director may grant up to a 90 day extension to this deadline upon receipt of written justification from the State that the extension is warranted. The supplements shall contain all necessary information on the measure as described in paragraph (d) of this section. (f) FEMA approval. The application and supplement(s)will be submitted to the FEMA Regional Director for approval. FEMA has final approval authority for funding of all projects. (g) Exceptions. The following are exceptions to the above outlined procedures and time limitations. (1) Grant applications. An Indian tribe or authorized tribal organization may submit a SF 424 directly to the Regional Director when assistance is authorized under the Act and a State is unable to assume the responsibilities prescribed in these regulations. (2) Time limitations. The time limitation shown in paragraph 8 of this section may be extended by the Regional Director when justified and requested in writing by the Governor's Authorized Representative. (Approved by the Office of Management and Budget under OMB Control Number 3067-0207) Sec. 206.437 State administrative plan. (a) General. The State shall develop a plan for the administration of the Hazard Mitigation Grant Program. (b) Minimum criteria. At a minimum, the State administrative plan must include the items listed below: (1) Designation of the State agency will have responsibility for program administration; (2) Identification of the State Hazard Mitigation Officer responsible for all matters related to the Hazard Mitigation Grant Program. (3) Determination of staffing requirements and sources of staff necessary for administration of the program; (4) Establishment of procedures to: i) Identify and notify potential applicants (subgrantees) of the availability of the program; ii) Ensure that potential applicants are provided information on the application process, program eligibility and key deadlines; iii) Determine applicant eligibility; iv) Conduct environmental and floodplain management reviews; v) Establish priorities for selection of mitigation projects; vi) Process requests for advances of funds and reimbursement; vii) Monitor and evaluate the progress and completion of the selected projects; viii) Review and approve cost overruns; ix) Process appeals; x) Provide technical assistance as required to subgrantee(s); xi) Comply with the administrative requirements of 44 CFR parts 13 and 206; xii) Comply with audit requirements of 44 CFR part 14; xiii) Provide quarterly progress reports to the Regional Director on approved projects. (c) Format. The administrative plan is intended to be a brief but substantive plan documenting the State's process for the administration of the Hazard Mitigation Grant Program and management of the section HAZARD MITIGATION GRANT PROGRAM APPLICANT HANDBOOK AND GUIDELINES APPENDIX 1 MAY 1997 27 404 funds. This administrative plan should become a part of the State's overall emergency response or operations plan as a separate annex or chapter. (d) Approval. The State must submit the administrative plan to the Regional Director for approval. Following each major disaster declaration, the State shall prepare any updates, amendments, or plan revisions required to meet current policy guidance or changes in the administration of the Hazard Mitigation Grant Program. Funds shall not be awarded until the State administrative plan is approved by the FEMA Regional Director. (Approved by the Office of Management and Budget under OMB control number 3067-0208) [55 FR 35537,Aug. 30, 1990, as amended at 55 FR 52172, Dec.20, 19901 Sec. 206.438 Project management. (a) General. The State serving as grantee has primary responsibility for project management and accountability of funds as indicated in 44 CFR part 13. The State is responsible for ensuring that subgrantees meet all program and administrative requirements. (b) Cost overruns. During the execution of work on an approved mitigation measure the Governor's Authorized Representative may find that actual project costs are exceeding the approved estimates. Cost overruns which can be met without additional Federal funds, or which can be met by offsetting cost under runs on other projects, need not be submitted to the Regional Director for approval, so long as the full scope of work on all affected projects can still be met. For cost overruns which exceed Federal obligated funds and which require additional Federal funds, the Governor's Authorized Representative shall evaluate each cost overrun and shall submit a request with a recommendation to the Regional Director for a determination. The applicant's justification for additional costs and other pertinent material shall accompany the request. The Regional Director shall notify the Governor's Authorized Representative in writing of the determination and process a supplement, if necessary. All requests that are not justified shall be denied by the Governor's Authorized Representative. In no case will the total amount obligated to the State exceed the funding limits set forth in Sec. 206.432(b). Any such problems or circumstances affecting project costs shall be identified through the quarterly progress reports required in paragraph ( c )of this section. (c) Progress reports. The grantee shall submit a quarterly progress report to FEMA indicating the status and completion date for each measure funded. Any problems or circumstances affecting completion dates, scope of work, or project costs which are expected to result in noncompliance with the approved grant conditions shall be described in the report. (d) Payment of claims. The Governor's Authorized Representative shall make a claim to the Regional Director for reimbursement of allowable costs for each approved measure. In submitting such claims the Governor's Authorized Representative shall certify that reported costs were incurred in the performance of eligible work, that the approved work was completed and that the mitigation measure is in compliance with the provisions of the FEMA-State Agreement. The Regional Director shall determine the eligible amount of reimbursement for each claim and approve payment. If a mitigation measure is not completed, and there is not adequate justification for noncompletion, no Federal funding will be provided for that measure. (e) Audit requirements. Uniform audit requirements as set forth in 44 CFR part 14 apply to all grant assistance provided under this subpart. FEMA may elect to conduct a Federal audit on the disaster assistance grant or on any of the subgrants. Sec. 206.439 Allowable costs. (a) General. General policies for determining allowable costs are established in 44 CFR 13.22. Exceptions to those policies as allowed in 44 CFR 13.4 and 13.6 are explained below. (b) Eligible direct costs. The eligible direct costs for administration and management of the program are divided into the following two categories. (1) Statutory administrative costs HAZARD MITIGATION GRANT PROGRAM APPLICANT HANDBOOK AND GUIDELINES APPENDIX 1 28 MAY 1997 i) Grantee. Pursuant to 406(f)(2)of the Stafford Act, an allowance will be provided to the State to cover the extraordinary costs incurred by the State for preparation of applications, quarterly reports, final audits, and related field inspections by State employees, including overtime pay and per diem and travel expenses, but not including regular time for such employees. The allowance will be based on the following percentages of the total amount of assistance provided (Federal share)for all subgrantees in the State under section 404 of the Stafford Act: (A) For the first$100,000 of total assistance provided (Federal share), three percent of such assistance. (B) For the next$900,000, two percent of such assistance. (C) For the next $4,000,000, one percent of such assistance. (D) For assistance over$5,000,000, one-half percent of such assistance. ii) Subgrantee. Pursuant to section 406(0(1) of the Stafford Act, necessary costs of requesting, obtaining, and administering Federal disaster assistance subgrants will be covered by an allowance which is based on the following percentages of total net eligible costs under section 404 of the Stafford Act, for an individual applicant (applicants in this context include State agencies): (A) For the first$100,000 of net eligible costs, three percent of such costs. (B) For the next$900,000, two percent of such costs. (C) For the next$4,000,000, one percent of such costs. (D) For those costs over$5,000,000, one-half percent of such costs. (2) State management costs i) Grantee. Except for the items listed in paragraph (b)(1)(i)of this section, other administration costs shall be paid in accordance with 44 CFR 13.22. Costs of State personnel (regular time salaries only) assigned to administer the Hazard Mitigation Grant Program may be eligible when approved by the Regional Director. Such costs shall be shared in accordance with the cost share provisions of section 404 of the Act. For grantee administrative costs in the Disaster Field Office, the State shall submit a plan for the staffing of the Disaster Field Office within 5 days of the opening of the office. This staffing plan shall be in accordance with the administrative plan requirements of Sec. 206.437. After the close of the Disaster Field Office, costs of State personnel (regular time salaries only)for continuing management of the hazard mitigation grants may be eligible when approved in advance by the Regional Director. The State shall submit a plan for such staffing in advance of the requirement. (c) Eligible indirect costs (1) Grantee. Indirect costs of administering the disaster program are eligible in accordance with the provisions of 44 CFR part 13 and OMB Circular A-87. (2) Subgrantee. No indirect costs of a subgrantee are separately eligible because the percentage allowance in paragraph (b)(1)(ii) of this section necessary costs of requesting, obtaining and administering Federal assistance. Sec. 206.440 Appeals. (a) Subgrantee. The subgrantee may appeal any determination previously made related to Federal assistance for a subgrantee. The subgrantee's appeal shall be made in writing and submitted to the grantee within 60 days after receipt of a notice of the action which is being appealed. The appeal shall contain documented justification supporting the subgrantee's position. (b) Grantee. Upon receipt of an appeal from a subgrantee, the grantee shall review the material submitted, make such additional investigations as necessary, and shall forward the appeal with a written recommendation to the Regional Director within 60 days. (c) Regional Director. Upon receipt of an appeal, the Regional Director shall review the material submitted and make such additional investigations as deemed appropriate. Within 90 days following receipt of an appeal, the Regional Director shall notify the grantee, in writing, as to the disposition of HAZARD MITIGATION GRANT PROGRAM APPLICANT HANDBOOK AND GUIDELINES APPENDIX 1 MAY 1997 29 the appeal or of the need for additional information. Within 90 days following the receipt of such additional information, the Regional Director shall notify the grantee, in writing, of the disposition of the appeal. If the decision is to grant the appeal, the Regional Director will take appropriate implementing action. (d) Associate Director. (1) If the Regional Director denies the appeal, the subgrantee may submit a second appeal to the Associate Director. Such appeals shall be made in writing, through the grantee and the Regional Director, and shall be submitted not later than 60 days after receipt of notice of the Regional Director's denial of the first appeal. The Associate Director shall render a determination on the subgrantee's appeal within 90 days following receipt of the appeal or shall make a request for additional information. Within 90 days following the receipt of such additional information, the Associate Director shall notify the grantee, in writing, of the disposition of the appeal. If the decision is to grant the appeal, the Regional Director will be instructed to take appropriate implementing action. (2) In appeals involving highly technical issues, the Associate Director, at his/her discretion, may ask an independent scientific or technical group or person with expertise in the subject matter of the appeal to review the appeal in order to obtain the best possible evaluation. In such cases, the 90 day time limit will run from the submission of the technical report. (e) Director. (1) If the Associate Director denies the appeal, the subgrantee may submit an appeal to the Director of FEMA. Such appeals shall be made in writing, through the grantee and the Regional Director, and shall be submitted not later than 60 days after receipt of notice of the Associate Director's denial of the second appeal. (2) The Director shall render a determination on the subgrantee's appeal within 90 days following receipt of the appeal or shall make a request for additional information if such is necessary. Within 90 days following the receipt of such additional information, the Director shall render a determination and notify the grantee, in writing, of the disposition of the appeal. If the decision is to grant the appeal, the Regional Director will be instructed to take appropriate implementing action. (3) In appeals involving highly technical issues, the Director may, at his/her discretion, submit the appeal to an independent scientific or technical person or group having expertise in the subject matter of the appeal for advice and recommendation. Before making the selection of this person or group, the Director may consult with the grantee and/or the subgrantee. (4) The Director may also submit appeals which he/she receives to persons who are not associated with FEMA's Disaster Assistance Programs office for recommendations on the resolution of appeals. (5) Within 60 days after the submission of a recommendation made pursuant to paragraph (d) (3) and (4) of this section, the Director shall render a determination and notify the grantee of the disposition of the appeal. HAZARD MITIGATION GRANT PROGRAM APPLICANT HANDBOOK AND GUIDELINES APPENDIX 1 30 MAY 1997 RfE GTATf ���H oy Fact Sheet �IBNY F HAZARD ZARD MITIGATION ATION GRANT PROGRAM Washington State Military Department Emergency Management 4317 6th Avenue, Lacey WA As a result of a Presidential declaration of a major disaster, the state of Washington will be administering and helping to fund a Hazard Mitigation Grant Program. This program is authorized by Section 404 of Public Law 93-288, as amended, the Robert T. Stafford Disaster Relief and Emergency Assistance Act. It is one part of the package of federal disaster assistance made available to eligible applicants in declared counties, and is separate from the Public Assistance repair and restoration program. PURPOSE OF THE PROGRAM: The Hazard Mitigation Grant Program (HMGP) is a program to fund projects that will reduce the effects of hazards and/or vulnerability to future disaster damage. Unlike the Federal Emergency Management Agency's (FEMA's) more familiar public agency disaster assistance program that helps pay for the permanent repair and restoration of existing facilities, the HMGP goes beyond simply fixing the damage. The HMGP will, within the limits of state and federal guidelines, help to fund a wide range of new projects that reduce hazard vulnerability and the potential of damage. ELIGIBLE APPLICANTS: State Government Registered Nonprofit Organizations with Like- Special Districts Local Governments Government Services Indian Tribes (Applicants must be jurisdictions that are participating and in good standing in the National Flood Insurance Program [NFIP]or located in a community that is.) FUNDING CONSTRAINTS: The grants will be made available to eligible applicants on a competitive basis and will be on the following cost share: 75% - Federal 25% - Non federal (applicant and state split). The total amount for the Hazard Mitigation Grant Program is limited. According to the law, FEMA may contribute no more than fifteen percent of the amount that it will spend under the disaster assistance programs. In order to select projects for funding, all proposals will be evaluated against state and federal program criteria. Some of the general criteria are listed below. GRANT PROCESS: • State conducts applicant briefings in impacted communities following disaster declaration. • "Letters of Intent" (LOI) to participate in the program are submitted by eligible applicants. • Following review of LOI's, HMGP applications are mailed to eligible applicants. Actual deadlines for return of applications to the state vary by disaster. • Applications are reviewed for eligibility and site visits conducted as required. Applications are then evaluated and scored by a work group of state and local representatives. Local representatives are from outside the declared disaster area(s). • Projects are then recommended to FEMA for approval and funding based upon score and available funds. • Upon notification of approval and funding, grant agreement between the state and applicant is developed. HAZARD MITIGATION GRANT PROGRAM 31 APPLICANT HANDBOOK AND GUIDELINES APPENDIX 2 MAY 1997 TYPES OF PROJECTS THAT CAN BE FUNDED: Following are examples of projects the HMGP can be used to fund: • Structural hazard control, such as debris basins or floodwalls; • Retrofitting, such as flood proofing to protect structures from future damage; • Acquisition and relocation of structures from hazard-prone areas; • Construction activities that will result in protection from hazards; and Generally the project should: • Substantially reduce the risk of future damage, hardship, loss, or suffering from a major disaster; • Have a beneficial impact in the designated disaster area; • Conform with federal floodplain, wetland, and environmental regulations; • Solve a problem, or part of a problem when there is assurance that the whole project will be completed; • Be cost-effective in that it addresses a problem that is repetitive or that poses a significant risk if left unsolved; • Contribute substantially to the problem's long term solution; • Provide cost-effective protection over the expected project life; • Have manageable future maintenance requirements; • Be determined to be the most practical, effective, and environmentally sound alternative among he possible options; • Have considered and can be modified to adapt to future changes in the area it protects; • Conform to the goals of the Growth Management Act; and • Have the documented support of the local community. Some of the reasons that projects / applications have been determined to be ineligible: • Project is for operation and maintenance versus disaster related mitigation. • Project is the responsibility of another federal agency (i.e. U.S. Army Corps of Engineers and the Natural Resources Conservation Service for levees, dikes and berms); • Project merely identifies or analyzes the hazard (mapping, studies, plans, etc.); • Project is the result of deferred maintenance versus natural hazard related; • Project application fails to meet requirements under the National Environmental Policy Act (NEPA) for public involvement in the development of the project; • Project has an inadequate cost/benefit ratio; and • When HMGP Project is part of a larger effort, no assurance is made that the whole project will be completed. Hazard Mitigation Grant Program State of Washington Military Department Emergency Management Post Office Box 40955 Olympia, Washington 98504-0955 For further information, write us at the above address or call Martin Best, State Hazard Mitigation Officer at (360) 923-4585. 32 HAZARD MITIGATION GRANT PROGRAM APPLICANT HANDBOOK AND GUIDELINES APPENDIX 2 MAY 1997 F STATE 0 b y LETTER OF NT ENT J n2 HAZARD METRGA'I ION GRAINT PROGRAM Washington State Military Department Emergency Management 4317 6th Avenue, Lacey WA PRESIDENTIAL DISASTER DECLARATION (FEMA-XXXX-DR-WA) SOME TYPE OF DISASTER The purpose of this form is to establish your agency's interest in the Hazard Mitigation Grant Program and to identify projects that are a priority for your jurisdiction to reduce or eliminate future emergency or disaster costs. This is NOT the Public Assistance (permanent repair and restoration) program. The Hazard Mitigation Grant Program does not pay for repair work. NAME/ADDRESS OF JURISDICTION: BASIS OF ELIGIBILITY: _State Government _Indian Tribe _Local Government _Other _Special Purpose District Private Non-Profit Organization COUNTY of JURISDICTION CONTACT PERSON: PHONE NUMBER: ( ) PROJECT PROPOSED: Please provide the following Information: DO N T include projects that are eligible under the Public Assistance Program for the permanent repair and restoration of damaged public facilities. 1) Estimated Cost of Project: $ 2) Description of Problem: 3) Description of Project: 4) How is this project related to a natural disaster (versus deferred maintenance)?: 5) How will this project solve your disaster related problem? HAZARD MITIGATION GRANT PROGRAM 33 APPLICANT HANDBOOK AND GUIDELINES APPENDIX 3 MAY 1997 3) Estimated Benefit of this project: $ (This can include previous damages, future damages mitigated, property value losses) 4) Source of Local Share: (at least 12.5% of estimated costs) 5) What is the Life of the Project?: years Please answer the following yes/no questions to determine if your project will be eligible for consideration for a Hazard Mitigation Grant: Does the project: Yes No 1) Substantially reduce the risk of future damage, hardship, loss, or suffering from a hazard; 2) Address a problem that is repetitive or that poses a significant risk if left unsolved; 3) Contribute substantially to a long term solution; 4) Provide cost-effective protection over the expected project life; 5) Conform with federal and state environmental regulations; 6) Have manageable future maintenance requirements; 7) Reflect the most practical, effective, and environmentally sound solution from among all alternatives considered. If you have answered No to any of the above questions, your project may not be eligible for a Hazard Mitigation Grant. Additionally, is your jurisdiction participating and in good standing in the National Flood Insurance Program (NFIP)? If not, your project will not be considered. PLEASE RETURN THIS FORM BY Some month 14. 199X TO: State Hazard Mitigation Officer Washington State Military Department Emergency Management Post Office Box 40955 Olympia, Washington 98504-0955 This is NOT an application. You will be contacted and sent an application at a later date. If you have any questions, please contact Martin Best at (360) 923-4585. 34 HAZARD MITIGATION GRANT PROGRAM APPLICANT HANDBOOK AND GUIDELINES APPENDIX 3 MAY 1997 Ha7LaIC J Mitigation Grant Program Application STEP by STEP This Step by Step worksheet will walk you through each section of the Hazard Mitigation Grant Program (HMGP) Application. Some sections are considered self-explanatory. If you still have questions, please do not hesitate to call the HMGP staff at the State of Washington Emergency Management Division 1-800-562-6108. Section 1 • Applicant Name: The name of your jurisdiction (county, city, etc.) • Project Title: Any name that you chose to distinguish your project. (Please try to avoid the words "Hazard" or"Mitigation") • Federal Tax ID #: Federal Tax ID of your jurisdiction • Basis of Eligibility. Check only one box that identifies your form of jurisdiction. Section 2 • Applicant Agent Information: Please enter the contact information for the person who will be able to act as the contact person between the state of Washington on your jurisdiction. This should be a person who is involved in the preparation of the application and can make decisions for the applicant. Section 3 A. Project Title: This should be the same name as that entered in section 1. B. Project Location: Section, Township. And Address C. Federal Congressional District and the State Legislative District. Enter the district numbers covering the project area. D. Project Description and Goal: Write a short paragraph describing the goals of the project and how you intend to accomplish the goals. Remember that a goal is not "To elevate homes" or"To repair levee". Goals should be phrased as "to protect lives" or "to protect or remove from threat a certain facility". (As an example see "Applicant Guidelines" page 8 for goals the state has identified in its statewide Hazard Mitigation Reduction Plan). Section 4 • Is this site covered under or connected to a Damage Survey Report (DSR)? A DSR is a document prepared by a joint federal, state and local team for the repair and restoration of public facilities to pre-disaster condition. If you do not have one, check the "NO" and move on to section 5. If you check "Yes", provide the DSR number and the reason mitigation was not included as part of the DSR. HAZARD MITIGATION GRANT PROGRAM 35 APPLICANT HANDBOOK AND GUIDELINES APPENDIX 4 MAY 1997 Section 5 Parts A, B and C. The narrative sections must be thoroughly completed. There are several reviewers who will read this and many other applications; you need to paint a word picture of your situation. They also need to know that you have thought through every conceivable option to meet your goals. If you feel that there is only one option available, then consider what you would do if you had the money available but could not do your first option. Also, consider if the benefits of doing nothing might outweigh the costs associated with your project compared to the benefits gained. Alternative Review Forms Parts A, B and C: 1. Description of the Alternative: Proposed Action Alternative: Describe the project that you are wanting to accomplish. Be as specific as possible, providing all components and actions and amount of time needed to complete the project. How will it work? What does it do? Second Alternative: Describe an alternative project. Be as specific as possible, providing all components and actions and amount of time needed to complete the project. No Action Alternative: Describe what would reasonably be expected if you did nothing. 2. Total Costs of this Alternative: What is the TOTAL cost of each alternative. 3. Total Benefits of this Alternative: What is the TOTAL, quantifiable benefit of each benefit. (In particular, what is the quantifiable benefit to the Federal Government) 4. Description of the Affected Environment: Describe the area that each alternative will affect including; wildlife, riverain, plant life and population density. Is it developed; undeveloped; commercial; residential; rural; forest; field; etc.? 5. Briefly describe any positive environmental impacts of the project: Describe how each alternative will positively affect the surrounding environment. 6. Check any potential adverse impacts that apply. Check as many boxes as may apply to that particular project 7. Is there potential for degradation of already poor environmental conditions? Check Yes or No 8. Is there potential to violate any Federal, State, local, or tribal law or code to protect the environment? Check Yes or No. This can include any resolution by any governing entity. 9. Briefly describe any of the areas noted in questions 6, 7, or 8. Describe the negative impacts in more detail. 36 HAZARD MITIGATION GRANT PROGRAM APPLICANT HANDBOOK AND GUIDELINES APPENDIX 4 MAY 1997 D. ELIGIBILITY REVIEW FOR THE PROPOSED ACTION ALTERNATIVE 1. Acquisition and Relocation Projects only: This section is only for those projects that involve the purchase and/or removal of homes and structures. a. Number of homes to be acquired and/or demolished. Include a photo of each home. b. Number of homes to be relocated(Relocations must be outside the 100 year f/oodplain) c. Number of homes that have renters. d. Amount of Relocation Assistance required. Federal regulations require that under certain conditions you may be required to provide relocation assistance to renters of homes being acquired or relocated. Refer to the "Relocation Assistance Worksheet" (Appendix 9) for how much will be required. e. Determination of Duplication of Benefits (DOB). Have any of the property owners/renters received disaster benefits from the National Flood Insurance Program or other FEMA disaster programs? Note: Federal funds cannot be used as a match for this program. If individuals have received any other benefits, the amount received will be deducted from the final appraised value of the home if no repairs have been made. If repairs have been made, home owner must provide copies of receipts. f. Determining Fair Market Values of Property (1) Please provide a list of the names and addresses of potential buyout/relocation participants. Addresses should reflect the property to be acquired, not mailing addresses. (2) Include a property specific list of preliminary Fair Market Values (FMV) and/or Relocation costs. (3) Describe how initial property values were determined. Did you use assessed values? If so, did you consider differences between assessment and appraisal in that area of homes? Or did you use recent appraisals? g. Please include a platt map indicating locations of homes to be acquired/relocated. Maps may be attached to the end of the application. 2. Review for All Types of Projects a. HISTORIC & ARCHAEOLOGICAL RESOURCES (Public Law 96-515, Sect. 106) (1) Are there any archaeologically significant resources on the site? (2) Are there any known or potential historic (over 50 years old) structures in the project area which would be impacted by the project? Any structure over 50 years old is potentially historic. HAZARD MITIGATION GRANT PROGRAM 37 APPLICANT HANDBOOK AND GUIDELINES APPENDIX 4 MAY 1997 (3) For any archaeologically or historically significant structure, provide the date/age of the building and whether it has been remodeled or added onto. Also provide any other historical knowledge of the site. Assessor's Offices should have this data. b. Are there concentrations of minority or low income populations in or near the project area? (Executive Order 12898) Check Yes or No. (1) Would they be adversely impacted by this project? Check Yes or No. C. FLOOD PLAIN MANAGEMENT& WETLAND PROTECTION (1) Is the project located in or does it impact a flood plain? Check Yes or No. (2) Is the project located in or does it impact a wetland? Check Yes or No. (3) Using the 8 step Process found at the end of the application (page 27), please indicate compliance with Executive Orders 11988 (Flood Plain Management) and 11990 (Wetland Protection) Read the check list and check Yes or No indicating that you have gone through the process (4) Describe any outstanding issues, of compliance with Executive Orders 11988 and 11990. Indicate if there are any problems with the procedures outlined in the checklist. d. Are there any toxic or hazardous substances in the project area? (Including underground storage tanks, above ground storage tanks, septic systems or other potential contaminants). A waiver of liability form will be required for contamination from such tanks prior to closing. Check Yes or No. e. Please include a platt map indicating location(s) of project area. 38 HAZARD MITIGATION GRANT PROGRAM APPLICANT HANDBOOK AND GUIDELINES APPENDIX 4 MAY 1997 E. NOTIFICATION and PUBLIC INVOLVEMENT 1. The National Environmental Policy Act (NEPA) requires public notification and involvement in the development of alternatives and selection of the proposed action alternative. Describe and provide documentation (notices, meeting minutes, etc.) of the recent public involvement (within the past 12 months) in the alternative development and selection process, especially those individuals that this project may affect. Projects that do not have this documentation before submittal of the application will be INELIGIBLE. Provide a description of recent public meetings with the community regarding this project, especially with those individuals who will be directly impacted. Copies of newspaper announcements; meeting minutes; attendee sign up sheets; etc.; can be attached to the end of the application. Comprehensive flood and/or disaster plans that include this project but were prepared previously to the recent disaster event are helpful but not adequate in themselves. Property owners have been known to change their minds. 2. Please provide documentation of any communications your agency has had with other federal, state, local, or tribal agencies regarding the alternatives planning or impacts of this alternative. Please provide the agency, contact person, phone number, and any other documentation. (Attach a separate sheet if needed.) Projects that fail to communicate with other impacted jurisdiction (i.e. tribes, counties or cities) will be INELIGIBLE. Provide the agency, contact person and phone number of any communications you have had regarding this project. Attach letters to the end of the application. It is especially important to identify contact with neighboring communities that may be affected by this project. F. AFFECT OF NON-SELECTION If a Hazard Mitigation grant is not provided, or delayed, what impact will this have on the timing of your project? What is the affect on your ability to use alternate funds committed to this project? Explain if you will continue with this project or delay it in any way if the funding is not acquired through the Hazard Mitigation Grant Program. Your answer will not effect the decision of whether to fund it. HAZARD MITIGATION GRANT PROGRAM 39 APPLICANT HANDBOOK AND GUIDELINES APPENDIX 4 MAY 1997 Section 6. STATE AND FEDERAL ELIGIBILITY A. APPLICANT'S NARRATIVE RESPONSE ****These are not meant to be true/false questions. Answer in essay form HOW your project will achieve these goals. Each question receives a point score to evaluate it with other projects.**** Note: Not every question will apply to each project application. 1. Describe how this project will protect lives and reduce public risk. (s)(1) Explain how this project will accomplish these goals. (i.e. "It will remove people from flood water risks.") 2. Describe how this project will reduce the level of hazard damage vulnerability in existing structures and developed property. (s)(t) Explain how this project will accomplish these goals. (i.e. "It will move the existing structures away from or above the 100 year floodplain.") 3. Describe how this project will reduce the number of vulnerable structures through acquisition or relocation. Describe your jurisdiction's plans for the acquired property(open space, etc.) (s) Explain how this project will accomplish these goals. (i.e. "It will remove two structures from the floodplain through acquisition and demolition of the structure. The area will be left as undeveloped scenic area in perpetuity.") 4. Describe how this project will avoid inappropriate future development in areas that are vulnerable to the hazard damage. (s) Explain how this project will accomplish these goals. (i.e. "The county will own this property," or "local ordinances have been developed to limit development in this area.") 5. Describe how the project will solve a problem independently, or functions as a beneficial part of an overall solution. (f) (If part of a larger project, assurance must be provided with the application that the overall project will be completed.) Explain how this project will accomplish these goals. (i.e. "This project removes repetitively damaged structures from the floodplain.") 6. Describe how this project will provide a cooperative, inter jurisdictional/inter-agency solution to the problem. (s) Explain how this project will accomplish these goals. (i.e. "This project has been reviewed and is supported by the downstream communities. Letters of support and comments are attached.") 40 HAZARD MITIGATION GRANT PROGRAM APPLICANT HANDBOOK AND GUIDELINES APPENDIX 4 MAY 1997 7. Demonstrate that this project will provide a long-term mitigation solution (not a short-term fix) in locations that experience repetitive hazard damage. (s)(t) Explain how this project will accomplish these goals. (i.e. "This project permanently removes structures from the floodplain." "This project will last for at least 100 years without rebuilding.") 8. Show how this project will address emerging hazard damage issues (such as the damage caused by storm water runoff at build-out densities, trees in right-of-ways, etc.). (s)(O Explain how this project will accomplish these goals. (i.e. "This project will prevent future development in this area.") 9. Describe how this project will restore or protect natural resource, recreational, open space, or other environmental values. (s) Explain how this project will accomplish these goals. (i.e. "This project will remove residential structures from the floodplain and allow the restoration of the floodplain to a natural environment enhancing wildlife habitat.") 10. Show your jurisdiction's development and carrying out of comprehensive programs, standards, and regulations that reduce future hazard damage. (s) Explain how this project will accomplish these goals. (i.e. "Our jurisdiction has developed a flood hazard reduction plan to identify and offer solutions to high risk flood hazards.") 11. Describe how your jurisdiction is increasing public awareness of hazards, preventive measures, and emergency responses to DISASTERS. (s) Explain how this project will accomplish these goals. (i.e. "Our jurisdiction has developed a local flood plan and is working with the National Flood Insurance Program's Community Rating System developing educational workshops and flood planning.") 12. Describe how the project, upon completion, will have affordable operation and maintenance costs that the applicant jurisdiction is committed to support. (f) Explain how this project will accomplish these goals. (i.e. "This project will require limited maintenance for this area because the area will be left as an open space. Should the Parks Department develop a trail system, the county will be able to provide the estimated $2,000 in annual maintenance costs.") HAZARD MITIGATION GRANT PROGRAM 41 APPLICANT HANDBOOK AND GUIDELINES APPENDIX 4 MAY 1997 13. Describe how the proposed project improves your jurisdiction's ability to protect its critical areas according to the Growth Management Act? (s) Even if your community does not participate in the broad initiative of the Growth Management Act (GMA), communities are required to identify CRITICAL AREA's within the community. Explain how this project will accomplish or support these goals. The following information applies to the proposed action alternative only. SE TI N 7. PROJECT BUDGET AND FUNDING SOURCES. A. Estimated Total Project Costs: Detail all of the expenses (except administrative) to complete this project. B. Non-Applicant (Outside Sources) Project Funds. 1. Identify other funding you have applied for and the status of that application or award(verified in writing whenever possible). If you have not applied for other funding sources, please explain why. What other funding have you applied for? (Public Works Trust Fund; FCAAP; CDBG; etc.) 2. Please identify any funds, other than Hazard Mitigation Grant funds, committed to the project. We realize that applicants often fund projects in phases and that a Hazard Mitigation Grant may fund just one phase or aspect of the project. Also, applicants often package funds from other grant or loan programs to provide complete funding of the entire project. What other funding has been committed this project? Note: HMGP funds cannot be used as a match for other federal programs and other federal funds cannot be used as a match for HMGP funds. C. Applicant Funding Source(s) Please identify the source(s) of your share for the HMGP amount of the project: Detail the sources of funding for your jurisdiction's share of the project. FEMA only contributes 75% of the costs of a project. The state of Washington will, in most disasters, contribute a percentage of the costs. 42 HAZARD MITIGATION GRANT PROGRAM APPLICANT HANDBOOK AND GUIDELINES APPENDIX 4 MAY 1997 SECTION 8 PROJECT COST-EFFECTIVENESS. A. Cost-to-Benefit Narrative Please discuss each of the following issues: 1. What is the project life in years? How long will it last? 2. Describe the life-cycle cost of the proposed project. [COSTS] What are the operation and maintenance costs over the life of the project. 3. What is the value of the property that the proposed project will protect? 4. What are the specific documented damage amounts during the recent event that you can attribute to the lack of this project? Provide actual (verifiable) damage dollar amounts from the recent event. 5. What are the specific documented damage amounts during past events that you can attribute to the lack of this project? (How often do they occur?) Provide actual (verifiable) dollar damage amounts from past events and when those costs occurred. 6. What is the dollar amount (estimated) of damage and associated costs that you would prevent as a direct result of the proposed project over its useful life?[BENEFITS] Provide best estimates of future dollar damage amounts that could be expected if this project is not completed. Explain briefly how those estimates are figured. B. Cost-To-Benefit Data: BENEFIT/COST INPUT WORKSHEET This is data that should be the same as information given in the narrative section. C. Frequency of damaging floods in the area protected by the project: Give the estimated damages that can be expected in a particular flooding frequency. - every 10 years; 50 years; etc. HAZARD MITIGATION GRANT PROGRAM 43 APPLICANT HANDBOOK AND GUIDELINES APPENDIX 4 MAY 1997 SECTION 9. ESTIMATED SCHEDULE FOR PROJECT COMPLETION. Give your best estimates on when each phase of the project can be completed. We have provided our best estimate on when contracts may be signed to begin projects. (This is only an estimate. HMGP cannot predict the time table for FEMA to approve funding of projects) SECTION 10. ENVIRONMENTAL DATA CHECKLIST. Please check each section as appropriate. HMGP does not score this section but uses it to identify the environmental complexities of each project and assist FEMA in the development of the Environmental Analysis document that is required for approval of funding. SECTION 11. CERTIFICATIONS AND ASSURANCES. Please read and sign. SECTION 12 RESOLUTION DESIGNATING AN APPLICANT'S AGENT. The Military Department, Emergency Management Division must have an agent designated by your jurisdiction who can sign contracts and work with this state agency on behalf of your jurisdiction. 44 HAZARD MITIGATION GRANT PROGRAM APPLICANT HANDBOOK AND GUIDELINES APPENDIX 4 MAY 1997 SAMPLE - �a6 STAY£Off, O b � ��H'[Itl89 aOy�? WASHINGTON STATE MILITARY DEPARTMENT EMERGENCY MANAGEMENT DIVISION Post Office Box 40955 Olympia, Washington 98504-0955 HAZARD MITIGATION GRANT PROGRAM GRANT APPLICATION CHECKLIST FEMA-xxxx-DR-WA (Some Type of DISASTER) The following checklist is designed to help the applicant ensure ALL portions of the application are completed. Applicants must complete each section listed below to be considered for Hazard Mitigation Grant Program (HMGP) funding. HMGP will not evaluate incomplete applications. If narrative questions are answered on separate sheets, the applicant must label these with the appropriate section and question number. Any questions may be directed to the State Hazard Mitigation Officer at(800) 562-6108. 1. Applicant Data................................................................................ 2. Applicant's Agent Information......................................................... 3. Project Description/Site Location Maps........................................... (include sections of local plans as needed) 4. Damage Survey Report (DSR)........................................................ 5. Selection of Best Alternative........................................................... 6. State and Federal Eligibility ............................................................ 7. Project Budget and Funding Sources .............................................. 8. Project Cost-Effectiveness............................................................... 9. Estimated Schedule for Project Completion...................................... 10. Environmental Data......................................................................... 11. Certifications and Assurances.......................................................... 12. Resolution Designating the Applicant's Agent................................. DATED MATERIALM This application MUST be postmarked by Sometime Soon to be considered eligible for possible funding. HAZARD MITIGATION GRANT PROGRAM APPLICANT HANDBOOK AND GUIDELINES APPENDIX 5 MAY 1997 45 SAMPLE (This page is purposely blank.) 46 HAZARD MITIGATION GRANT PROGRAM APPLICANT HANDBOOK AND GUIDELINES APPENDIX 5 MAY 1997 SAMPLE F STATF b 4 S s WASHINGTON STATE MILITARY DEPARTMENT EMERGENCY MANAGEMENT DIVISION POST OFFICE BOX 40955 Olympia, Washington 98504-0955 HAZARD MITIGATION GRANT PROGRAM GRANT APPLICATION FEMA-xxxx-DR-WA (Some Type of Disaster) SECTION 1. APPLICANT DATA. Applicant Name: Sasquatch County, Washington Project Title: Big Foot River Acquisitions & Elevations Federal Tax ID #: 91-12345678 Basis of Applicant Eligibility: State Government X Local Government Special Purpose District Indian Tribe * If the applicant is an eligible private nonprofit corporation with like-government services, please attach PROOF OF PRIVATE NONPROFIT INCORPORATION AND TAX-EXEMPT STATUS SECTION 2. APPLICANT'S AGENT INFORMATION. The Applicant's Agent is the designated contact whom the applicant has authorized to apply for and receive grant funding. For clear and direct communication, agencies may want to make this the same person who will have project management responsibility if grant funding is awarded. To provide continuity and ease of grant administration, the Washington State Military Department, Emergency Management Division would like to work with a single point of contact throughout the application, award, and reimbursement processes. A formal designation of an Applicant's Agent may be made using the enclosed form, or by any method normally used by your jurisdiction. Please Type Applicant Agent's Name: Ian Taylor, P.E. Title: Public Works Director Telephone: (360) 923-4586 Address: Sasquatch County Public Works 880 Shadow Valley Street Grand Ped, Washington 98000-1234 County: Sasquatch County HAZARD MITIGATION GRANT PROGRAM 47 APPLICANT HANDBOOK AND GUIDELINES APPENDIX 5 MAY 1997 SAMPLE SECTION 3. PROJECT(PROPOSED ACTION ALTERNATIVES DESCRIPTION/SITE LOCATION MAPS. A. Project Title: Big Foot River Acquisitions & Elevations B. Project Location: (Legal description [Section/Township/Range]-please attach a site map) Section 77, Township 8, Range 12 NW, 30000 - 30500 Blocks of South River Road. C. Please provide the Federal Congressional District and the State Legislative District in which the project is physically located: Federal: 56th Congressional District State: 98th District D. Project Goal and Description:To protect lives, reduce the number of vulnerable structures, reduce damage to existing structures and to restore natural resources for allowing flood waters through open spaces. These goals will be accomplished through the acquisition of five homes and the elevation of five homes. SECTION 4. DAMAGE SURVEY REPORTS. Is this site covered under, or connected to, a Damage Survey Report (DSR) under the Repair and Restoration Program of PL 93-288, as amended? No Yes x DSR number 99-36995 If Yes, describe why this mitigation measure was not included as part of the DSR. There was no viable mitigation available to protect the public utilities because of the placement of the homes in the area. NOTE The following narrative sections are the scored portions of the application. Please make your NARRATIVE answers as concise, but as complete, as possible. Yes/No answers will be considered as "Unanswered"questions While not every question will apply to each application applications that fail to answer most questions may not receive a score high enough to receive funding. Program Clarification • The Federal Emergency Management Agency will no longer fund projects that are the primary responsibility of other Federal Agencies such as the U.S. Army Corps of Engineers (USACE), the Natural Resource Conservation Service (NRCS), or the Federal Highway Administration (FHA), etc. • Projects that have been implemented or completed prior to funding approval by the Federal Emergency Management Agency will be ineligible. UNANSWERED QUESTIONS WILL NOT BE SCORED! SECTION 5 SELECTION OF THE BEST PROJECT ALTERNATIVE A. The Hazard Mitigation Grant Program (HMGP) requires a narrative discussion, of at least THREE (3) alternatives (from no action to the most elaborate practical solution) and their impacts (beneficial and detrimental). SEE Alternative Review Forms on pages 4, 5& 6. In the space below, describe how this project was selected over the other possible alternatives and why it represents the best solution to the problem. Use additional sheets if necessary. 48 HAZARD MITIGATION GRANT PROGRAM APPLICANT HANDBOOK AND GUIDELINES APPENDIX 5 MAY 1997 SAMPLE 04 b s �H�1899 a°y HAZARD MITIGATION GRANT PROGRAM ALTERNATIVE REVIEW FORM Part A PROPOSED ACTION ALTERNATIVE 1. Description of Alternative: (Please include any appropriate diagrams,sketch maps,discussion on all components and actions,amount of materials and equipment,dimensions of project,and amount of time required to complete): The proposed project involves the voluntary acquisition and removal of five repetitively damaged homes that all lie in the floodway along the Big Foot River in the neighborhood known as Quagmire. Homes targeted for acquisition are those that suffer the most frequent and severe damages, even in low flow flood events. The County will purchase properties and structures at fair market value. We will remove the structures and two sections of roads and manage the property as open space. We are also purchasing two vacant properties through the FCAAP program to create a contiguous open space. The second element of this proposal includes elevating five homes in the Quagmire neighborhood above the 100-year flood plain. These are structures that are vulnerable to repetitive losses from flood events that occur regularly. These homes receive low velocity, shallow flood waters. Elevation will not require any new public long-term maintenance costs, and would reduce federally-backed insurance claims. 2. Total Costs of this Alternative: $731,000 3. Total Benefits of this Alternative: $1,700,000 4. Description of affected environment: The Quagmire neighborhood is in a 100-year flood plain; parts of which are in the floodway of the Big Foot River. The Big Foot River is a designated salmon, trout and squaw fish habitat. The region is also home to eagle and hawk species and Sasquatch Habitat. HAZARD MITIGATION GRANT PROGRAM 49 APPLICANT HANDBOOK AND GUIDELINES APPENDIX 5 MAY 1997 SAMPLE Section 5: Alternative A . . . continued 5. Briefly describe any positive environmental impacts of the project. (Use a separate sheet if needed) The acquisition and removal of structures will create permanent, natural open spaces. This will restore the natural, beneficial functions of the land as flood water conveyance and storage, and as aquatic habitat. The open space could develop into new wetlands thereby enhancing habitat of other wildlife indigenous to the area. The elevation of homes will remove structures from significant damage and thereby reduce pollution and contamination of the riverain environment from residential contaminants. 6. Check any potential adverse impacts that apply. Wetlands Water Quality Toxic or Hazardous Substances Floodplain Health & Safety Potential for Cumulative Impacts Rare & Endangered Fisheries Critical Areas (coastal zones, Species wildlife refuge,wilderness, wild & Public Controversy scenic rivers,drinking water Historic Resources aquifers.) Is this project using unproven technology? 7. Is there potential for degradation of already Yes X No poor environmental conditions? 8. Is there potential to violate any Federal, State, local, or tribal Yes X No law or code to protect the environment? 9. Briefly describe any of the areas noted in questions 6, 7, or 8. (Please provide any documentation.) 50 HAZARD MITIGATION GRANT PROGRAM APPLICANT HANDBOOK AND GUIDELINES APPENDIX 5 MAY 1997 SAMPLE F SCA PF o O > < 2 �y�IBtl9 N°y HAZARD MITIGATION GRANT PROGRAM ALTERNATIVE REVIEW FORM Part B SECOND ALTERNATIVE 1. Description of Alternative: (Please include any appropriate diagrams,sketch maps,discussion on all components and actions,amount of materials and equipment,dimensions of project,and amount of time required to complete): This alternative involves the construction of a quarter of a mile long berm along the up river reach of the neighborhood that would create a water retaining area; channel widening and dredging on the north side of the river downstream of the levee. This would channel water away from the neighborhood and allow more flow on the opposite side of the river where there are no structures. The widening and dredging would include a quarter mile of river reach and the removal of about 600,000 cubic yards of gravel. This gravel would be used in the construction of the berm on the opposite shore. 2. Total Costs of this Alternative: $1,200,000 3. Total Benefits of this Alternative: $1,700,000 4. Description of affected environment:(if different from proposed alternative) The area of the widening is a small undeveloped floodplain area and a salmon spawning area. The area of the berm is privately owned and undeveloped property with several large trees which act as occasional home to at least one set of eagles, though the berm should not directly affect them. HAZARD MITIGATION GRANT PROGRAM 51 APPLICANT HANDBOOK AND GUIDELINES APPENDIX 5 MAY 1997 SAMPLE Section 5: Alternative B. . . continued 5. Briefly describe any positive environmental impacts of the project. (Use a separate sheet if needed) It would continue to prevent contaminants from entering the riparian environment by preventing flooding in the residential area. 6. Check any potential adverse impacts that apply. Wetlands Water Quality Toxic or Hazardous Substances Floodplain Health & Safety X Potential for Cumulative Impacts Rare & Endangered X Fisheries Critical Areas (coastal zones, Species wildlife refuge,wilderness,wild& X Public Controversy scenic rivers,drinking water Historic Resources aquifers.) Is this project using unproven technology? 7. Is there potential for degradation of already X Yes No poor environmental conditions? 8. Is there potential to violate any Federal, State, local, or tribal X Yes No law or code to protect the environment? 9. Briefly describe any of the areas noted in questions 6, 7, or 8. (Please provide any documentation.) The dredging would have to be done in accordance with certain fish windows to protect salmon. The trout should only be temporarily affected. The river would be forced into a faster velocity in parts of the project area but not to an unusual speed for this region of the Big Foot River. This could cause increased erosion on the north side of the river. We are checking regulations regarding dredging. There are some individuals who do not support dredging of the river. 52 HAZARD MITIGATION GRANT PROGRAM APPLICANT HANDBOOK AND GUIDELINES APPENDIX 5 MAY 1997 SAMPLE f STATF HAZARD MITIGATION GRAT�JTPROGRAM ALTERNATIVE REVIEW FORM Part C NO ACTION ALTERNATIVE 1. Description of Alternative: (Please include any appropriate diagrams, sketch maps, discussion on all components and actions, amount of materials and equipment, dimensions of project, and amount of time required to complete): The No Action Alternative would allow the floods to continue to affect this neighborhood with damages occurring to the ten residences and public utilities. Flooding in the floodway occurs every two (2) years with damages averaging $2,000 per home per two year event. Five (5) year events cause an average of$5,000 per home for the ten (10) residences in this project. All of the homes have septic systems and the neighborhood has had at least three septic failures during flooding in the past 12 years. There have also been several losses of household chemicals and petroleum products into the river during floods. These two events have caused unmeasurable pollution and ecological damage to the river. The most recent event caused an average of $20,000 in damages to residences in this neighborhood. Two year flood events damaging the roads, water and electrical services averages $10,000 per event. The most recent event which was the equivalent of a 25 year event cost $150,000 for all the utilities. The fire department also spent an estimated $2,000 in flood rescue work in the neighborhood. 2. Total Costs of this Alternative: $ 0 3. Total Benefits of this Alternative: $ -1,700,000 4. Description of affected environment: (if different from proposed alternative) Same. HAZARD MITIGATION GRANT PROGRAM 53 APPLICANT HANDBOOK AND GUIDELINES APPENDIX 5 MAY 1997 SAMPLE Section 5: Alternative C. . . continued 5. Briefly describe any positive environmental impacts of the project. (Use a separate sheet if needed) We do not feel that the environment will benefit in any way by this alternative. 6. Check any potential adverse impacts that apply. Wetlands X Water Quality X Toxic or Hazardous Substances X Floodplain X Health & Safety X Potential for Cumulative Impacts Rare & Endangered X Fisheries X Critical Areas (coastal zones, Species wildlife refuge, wilderness, wild& Public Controversy scenic rivers, drinking water Historic Resources X aquifers.) Is this project using unproven technology? 7. Is there potential for degradation of already X Yes No poor environmental conditions? 8. Is there potential to violate any Federal, State, local, or tribal Yes X No law or code to protect the environment? 9. Briefly describe any of the areas noted in questions 6, 7, or 8. (Please provide any documentation.) There would be continued pollution to the riparian environment during significant flood events. We also expect a threat to human life and safety due to residences and roads in a high velocity floodway during flood events. River water quality and fish habitat would continue to be threatened by residential contaminants including septic systems and household chemicals. 54 HAZARD MITIGATION GRANT PROGRAM APPLICANT HANDBOOK AND GUIDELINES APPENDIX 5 MAY 1997 SAMPLE Section 5.......continued D. ELIGIBILITY REVIEW FOR THE PROPOSED ACTION ALTERNATIVE: 1. Acquisition and Relocation Projects only: For Projects that involve the acquisition and/or relocation of homes and structures from the floodplain, the following information is required as part of the environmental analysis and project eligibility review. Additionally, all homes and structures must be removed/relocated within 90 days of closing by the applicant if the grant is approved. If a home(s)is located outside the identified 100 year flood plain, then provide documentation of the repetitive damage to the structure, or show the migration of the river for FEMA to determine the vulnerability of the structure. a. Number of homes to be acquired/demolished 5 Please include a photo of each home being considered for acquisition. b. Number of homes to be relocated 0 (Homes must be relocated outside the 100 year floodplain) C. Number of homes that have renters 1 d. Amount of Relocation Assistance Required $ 2000 (see relocation assistance worksheet in Applicant Handbook:Appendix 9) e. Determination of Duplication of Benefits (DOB). Have any of Yes X No the property owners/renters received disaster benefits from the National Flood Insurance Program or other FEMA disaster programs? Note: Federal funds cannot be used as a match for this program. If individuals have received any other benefits, the amount received will be deducted from the final appraised value of the home if no repairs have been made. If repairs have been made, home owner must provide copies of receipts. f. Determining Fair Market Values of Property (1) Please provide a list of the names and addresses of potential buyout/relocation participants. Addresses should reflect the flooded property not mailing addresses. (2) Include a property specific list of preliminary Fair Market Values (FMV) and/or Relocation costs. NAME (in priority order) ADDRESS FMV Charles Brown 30001 South River Road $100,000 Pete Parker 30156 South River Road $100,000 Dilbert Adams 30222 South River Road $100,000 Calvin Patterson j 30387 South River Road $100,000 George O. Jungle 130466 South River Road 1 $100,000 (3) Describe how initial property values were determined. We took the assessed value and added 6% to determine a value. This formula is based on an average of recent property appraisals in this area during the past fiscal year and determined with the cooperation of the Sasquatch County Realtors Association. g. Please include a platt map indicating locations of homes to be acquired/relocated. See attachment A, page 2 HAZARD MITIGATION GRANT PROGRAM 55 APPLICANT HANDBOOK AND GUIDELINES APPENDIX 5 MAY 1997 SAMPLE 2. Review for All Types of Projects a. HISTORIC &ARCHAEOLOGICAL RESOURCES (Public Law 96-515, Sect 106) (1) Are there any archaeologically significant resources on the site? Yes No X (2) Are there any known or potential historic (over 50 years old) structures in the project area which would be impacted by the project? Yes No X *(Please include pictures of any structure over 50 years old.) (3) For any archaeologically or historically significant structure, provide the date/age of the building and whether it has been remodeled or added onto. Also provide any other historical knowledge of the site. b. Are there concentrations of minority or low income populations in or near the project area? (Executive Order 12898) Yes No X (1) Would they be adversely impacted by this project? Yes No X c. FLOOD PLAIN MANAGEMENT& WETLAND PROTECTION (1) Is the project located in or does it impact a flood plain? Yes X No (2) Is the project located in or does it impact a wetland? Yes No X (3) Using the 8 step Process found at the end of the Yes X No application (page 27), please indicate compliance with Executive Orders 11988 (Flood Plain Management) and 11990 (Wetland Protection) (4) Describe any outstanding issues, of compliance with Executive Orders 11988 and 11990. There are no outstanding issues. d. Are there any toxic or hazardous substances in the project area? Yes X No (Including underground storage tanks, above ground storage tanks, septic systems or other potential contaminants). A waiver of liability form will be required for contamination from such tanks prior to closing. There are Septic Systems that will have to be removed. e. Please include a platt map indicating location(s) of project area. 56 HAZARD MITIGATION GRANT PROGRAM APPLICANT HANDBOOK AND GUIDELINES APPENDIX 5 MAY 1997 SAMPLE E. NOTIFICATION and PUBLIC INVOLVEMENT 1. The National Environmental Policy Act (NEPA) requires public notification and involvement in the development of alternatives and selection of the proposed action alternative. Describe and provide documentation (notices, meeting minutes, etc.) of the recent public involvement(within the past 12 months) in the alternative development and selection process, especially those individuals that this project may impact. Projects that do not have this documentation before submittal of the application will be INELIGIBLE. See attachment B for documentation This project was identified in the Sasquatch County Flood Hazard Reduction Plan (FHRP). The FHRP and its project recommendations went through an extensive public involvement and review process. Sasquatch County has worked closely with the Quagmire Neighborhood Association, the County Citizens Advisory Committee and the Big Foot Developers Association in the development of the plan. Since the recent disaster event, January 19XX, the county has held open public meetings to discuss mitigation plans throughout the county. This neighborhood was identified as a high priority by public works officials and citizens because of the threat to life and the high costs of repairs which are passed on to all the citizens of the county. We have enclosed announcements of meetings, attendance sheets, and samples of letters sent to the County in response to these actions. A more detailed selection of comments is available from the county upon request. The meetings which prioritized the project and developed alternatives took place on the following dates: February 10 at Grand Ped City Hall April 22 at Toesburg City Hall February 17 at Sasquatch County Annex; May 2 at Littleton Theater House Furrysville May 19 at Quagmire County Park March 7 at Toesburg City Hall May 29 at Sasquatch County March 13 at Littleton Community Hall Commissioners Conference Meeting April 20 at Sasquatch County Courthouse; June 20 at Sasquatch County Grand Ped Commissioners Conference Meeting 2. Please provide documentation of any communications your agency has had with other federal, state, local, or tribal agencies regarding the alternatives planning or impacts of this alternative. Please provide the agency, contact person, phone number, and any other documentation. (Attach a separate sheet if needed) (see attachment C for copies of letters) US Army Corps of Engineers; Seattle District, Mr. Lester Soule, (206) 764-3699 FEMA Region X Mitigation, Mr. Carl Cook, (206) 487-4682 Department of Ecology FCAAP; Dave Burdick, (206) 649-7139 U.S. Geological Survey; Mr. Chuck Swift, (206) 593-6510 HAZARD MITIGATION GRANT PROGRAM 57 APPLICANT HANDBOOK AND GUIDELINES APPENDIX 5 MAY 1997 SAMPLE F. AFFECT OF NON-SELECTION If a Hazard Mitigation grant is not provided, or delayed, what impact will this have on the timing of your project? What is the affect on your ability to use alternate funds committed to this project? Funds that have already been committed are not compromised by the status of the HMGP, however completion of the proposed action could take ten years to complete and would be dependent on the citizen approval to spend local money to complete this project at the expense of other projects. SECTION 6. STATE AND FEDERAL ELIGIBILITY. FEDERAL CRITERIA - FEDERAL GOALS AND OBJECTIVES • Federal regulations governing the Hazard Mitigation Grant Program (44 CFR Part 206 Subpart N Section 206.434 and 206.435) establish the minimum criteria that proposed projects must meet to be eligible for grant funding. STATE CRITERIA - STATE GOALS AND OBJECTIVES The state of Washington has established the following damage reduction goals: • Save lives and reduce public exposure to risk • Reduce or prevent damage to public and private property • Reduce adverse environmental or natural resource impacts • Reduce the financial impact on public agencies and society The questions in this section relate to specific objectives that the state and federal government wish to accomplish through the Hazard Mitigation Grant Program. To determine whether your proposal meets the minimum state and federal criteria, the state must have a clear and detailed written response to each item below. Answer the following questions FULLY(on separate sheets if needed) to show that this project meets minimum federal (0 and state (s) eligibility criteria. The state cannot consider projects that do not meet the applicable criteria. A. APPLICANT'S NARRATIVE RESPONSE 1. Describe how this project will protect lives and reduce public risk. (s)(1) The project addresses a repetitive problem that has threatened lives of residents who live in the floodway. Emergency rescue vehicles are unable to access five residences in this area. By removing those homes, people will be taken out of harms way. By also removing the septic systems from those homes, the public health for communities downstream will not be threatened. 58 HAZARD MITIGATION GRANT PROGRAM APPLICANT HANDBOOK AND GUIDELINES APPENDIX 5 MAY 1997 SAMPLE 2. Describe how this project will reduce the level of hazard damage vulnerability in existing structures and developed property. (s)(f) Five homes will be removed from any vulnerability and the land turned into open space. Five homes will be elevated one foot above the highest recorded flood level which exceeded the 100 year flood levels. This will remove those homes from repeated flood damage and claims to the National Flood Insurance Program (NFIP) and FEMA's Individual Assistance Programs 3. Describe how this project will reduce the number of vulnerable structures through acquisition or relocation. Describe your jurisdiction's plans for the acquired property (open space, etc.) (s) Five homes will be acquired and removed or demolished. Two sections of road will also be abandoned thereby reducing public assistance claims to those structures. The area will be turned into open space for flood storage. The space will also be used for nature trails with only one restroom facility which will be above the 100 year flood mark. No other structures will be built. 4. Describe how this project will avoid inappropriate future development in areas that are vulnerable to the hazard damage. (s) The floodway will become open space that will be owned by the county and it will (by county resolution) be ineligible for any future development. 5. Describe how the project will solve a problem independently, or functions as a beneficial part of an overall solution. (f) (If part of a larger project. Assurance must be provided that the overall project will be completed.) This project will remove one neighborhood that has received repetitive flood damage and claims from any substantial future damages and it is not dependent upon other actions. This project also provides for flood storage capacity to mitigate erosion in the area and slow flood waters from communities downstream, in particular Grand Ped. It also provides for more beneficial fish and wildlife habitat. 6. Describe how this project will provide a cooperative, inter-jurisdictional/inter-agency solution to the problem. (s) This project is in cooperation with and supported by the State of Washington Department of Fish and Wildlife, the Department of Ecology, FEMA, USGS and the Association of Towns of Sasquatch County. HAZARD MITIGATION GRANT PROGRAM 59 APPLICANT HANDBOOK AND GUIDELINES APPENDIX 5 MAY 1997 SAMPLE Section 6 . . . continued 7. Demonstrate that this project will provide a long-term mitigation solution (not a short- term fix) in locations that experience repetitive hazard damage. (s)(f) The removal of structures and creation of open space will permanently remove residences out of the floodway area. By ensuring that the remaining structures are elevated above the 100 year flood level, the homes will not sustain significant damage in future flood events. 8. Show how this project will address emerging hazard damage issues (such as the damage caused by storm water runoff at build-out densities, trees in right-of-ways, etc.). (s)(fl The proposed action will remove a whole section of floodway from future development and reduce the current building density in this area. The proposed action will accommodate a larger capacity of water through the restoration of portion of floodplain. Current flows were 120 cfs with flooding occurring at 250 cfs. It is estimated that the removal of these structures and the creation of open space will help reduce flow velocities in this area by almost 20%. 9. Describe how this project will restore or protect natural resource, recreational, open space, or other environmental values. (s) The proposed action will restore the natural functions of a floodway. It will also create a new recreational open space that will enhance wildlife and fish habitat. 10. Show your jurisdiction's development and carrying out of comprehensive programs, standards, and regulations that reduce future hazard damage. (s) Sasquatch County has developed and continues to improve a Flood Hazard Reduction Plan that identifies flood hazards and offers a variety of alternatives to mitigate, recover, restore and prepare for flooding in the county. This project is one of the top items identified in the plan. This project helps implement the mitigation element of the plan. The County has also committed to increased restrictions in the development of identified floodplain areas while providing for the rights of property owners. 11. Describe how your jurisdiction is increasing public awareness of hazards, preventive measures, and emergency responses to DISASTERS. (s) The county has also developed a comprehensive education program as a part of the Community Rating System in the Flood Insurance Program. This program has increased flood awareness issues throughout the county. 60 HAZARD MITIGATION GRANT PROGRAM APPLICANT HANDBOOK AND GUIDELINES APPENDIX 5 MAY 1997 SAMPLE 12. Describe how the project, upon completion, will have affordable operation and maintenance costs that the applicant jurisdiction is committed to support. (f) The county will only be responsible for the open space at a cost far less than the recent costs of flood repair and recovery. Maintenance of the recreational area is estimated to be less than $2,000 a year. 13. Describe how the proposed project improves your jurisdiction's ability to protect its critical areas according to the Growth Management Act? (s) This project will support several of the state's goals as detailed in the Growth Management Act including: • Protecting property right • Encouraging the retention of open space. • Developing recreational opportunities. • Conserving fish and wildlife habitat. • Protecting the environment. The following information applies to the proposed action alternative only. SECTION 7 PROJECT BUDGET AND FUNDING SOURCES. A. Estimated Total Project Costs: Preliminary Engineering Report $5,000.00 Design Engineering (P.S.E.) $10,000.00 $500,000.00 For Itemization of each Land / R-O-W Acquisition home, See spreadsheet attached appraisal costs $1,000.00 demolition costs $50,000.00 closing costs $5,000.00 relocation assistance $2,000.00 legal costs $3,000.00 Sales or Use Taxes $20,000.00 Inspection/Construction $10,000.00 Construction $125,000.00 Other TOTAL PROJECT COSTS $731,000.00 HAZARD MITIGATION GRANT PROGRAM 61 APPLICANT HANDBOOK AND GUIDELINES APPENDIX 5 MAY 1997 SAMPLE Costs associated with administering this grant will be funded separately from project costs and will be reimbursed as a percentage of the eligible costs as established in PL 93-288 as amended by PL 100-707, and according to Section 206.439.44 CFR. Reimbursements for direct costs are as follows: For the first $100,000 of net eligible costs, 3 percent of approved costs. For the next$900,000 of net eligible costs, 2 percent of approved costs. For the next $4,000,000 of net eligible costs, 1 percent of approved costs. For an applicant whose net eligible costs equal$5,000,000 or more, %percent of approved costs. B. Non-Applicant (Outside Sources) Project Funds 1. Identify other funding you have applied for and the status of that application or award (verified in writing whenever possible). If you have not applied for other funding sources, please explain why. Washington State Department of Ecology FCAAP. $50,000 awarded for use in the current biennium. United States Army Corps of Engineers for a levee project in this neighborhood: rejected due to USACE current freeze on new construction projects in this area. 2. Please identify any funds, other than Hazard Mitigation Grant funds, committed to the project. We realize that applicants often fund projects in phases and that a Hazard Mitigation Grant may fund just one phase or aspect of the project. Also, applicants often package funds from other grant or loan programs to provide complete funding of the entire project. Sources of Funds Amount Local Match Federal from: State $50,000.00 $2,000.00 from: FCAAP Other from: TOTAL Non-Applicant Funds $52,000.00 If applicable, describe any constraints on the sources listed above. 62 HAZARD MITIGATION GRANT PROGRAM APPLICANT HANDBOOK AND GUIDELINES APPENDIX 5 MAY 1997 SAMPLE C. Applicant Funding Source(s) Please identify the source(s) of your share* for the HMGP amount of the project: General Funds $62,000 Capital Reserves $15,000 Federal, State, or Private Loans $ Rates $ Assessments (ULIDs, LIDs, RIDs) $ Special Levies $ Other: Owners of elevated homes $16,000 Total Applicant Funds $93,000 Applicant Participation Funding Percentage 12.72% (Divide the total applicant funds above by the total HMGP portion of the project) r► Required Local Share is 12.5% r► The local Share must come from a non-federal Source (with the exception of Community Development Block Grant funds. SECTION 8. PROJECT COST-EFFECTIVENESS. To fund Hazard Mitigation Grant projects, the federal government requires that the project's benefits, over the life of the project, exceed the project's costs. Life of the project, or life-cycle, costs include the construction, operation, and maintenance costs that will occur over the life of the project. The benefits that will occur over the life of the project include the cumulative costs of the damage to protected property; future damages in area that the proposed action will mitigate over the life of the project; past actual damages; value of private and public property and resources protected; reduced maintenance costs; loss of revenue; estimates of income lost through road closures; etc. Failure to produce any numbered amounts will result in automatic disqualification. Please explain on a separate page if needed how you arrived at the benefits. HAZARD MITIGATION GRANT PROGRAM 63 APPLICANT HANDBOOK AND GUIDELINES APPENDIX 5 MAY 1997 SAMPLE A. Cost-to-Benefit Narrative Please discuss each of the following issues: 1. What is the project life in years? 50 years 2. Describe the life-cycle cost of the proposed project. [COSTS] We estimate spending approximately $2,000 per year to maintain nature trails in the acquired area. 3. What is the value of the property that the proposed project will protect? The elevations will protect structures (homes) valued at approximately $350,000. (Excluding the value of the land) 4. What are the specific documented damage amounts during the recent event that you can attribute to the lack of this project? The recent event caused $200,000 in damage to public facilities and $200,000 to individuals. Emergency response = $5,000 Flood fight expenses = $5,000 Total = $410,000 5. What are the specific documented damage amounts during past events that you can attribute to the lack of this project? (How often do they occur?) In the past 25 years, there has been $780,000 in damages attributed to this area. There has been 12 events that have caused damage. 6. What is the dollar amount (estimated) of damage and associated costs that you would prevent as a direct result of the proposed project over its useful life? [BENEFITS] $1,580,000 over 50 years. Avg. Costs #of homes #of times in 50 yrs. Utilities 2,000 x 5 x 25 10,000 x 25 5,000 x 10 x 10 150,000 x 2 20,000 x 10 x 2 TOTAL= $1,640,000 64 HAZARD MITIGATION GRANT PROGRAM APPLICANT HANDBOOK AND GUIDELINES APPENDIX 5 MAY 1997 SAMPLE B. Cost-To-Benefit Data: BENEFIT/COST INPUT WORKSHEET The following basic information is needed to run a Benefit/Cost Analysis for HMGP (404) riparian and coastal flood projects. Fill the applicable items as not all items will apply to each project. (For those calculating their own Benefit/Cost, FEMA generally uses a 7% discount rate.) Total Project Cost $731,000 Annual Maintenance Costs $2,000 Project Life in Years: 50 years Past Disaster Costs: $78,0000 500 year Total Displacement Costs Effectiveness of Project flood (e.g., rent, etc.): $2,000 Repair Costs to - Pre-disaster Condition $410,000 Event Frequency 10 years C. Frequency of damaging floods in the area protected by the project: Flood Frequency (years) Estimated damages expected in the time period (change years to fit your situation) before Mitigation 10 5 times totaling 70 000 totaling 100 500 SECTION 9 ESTIMATED SCHEDULE FOR PROJECT COMPLETION. It is our desire for projects to move quickly in all phases of the grant process. Those projects that cannot begin shortly after funding approval by FEMA may not be eligible. Estimate the month and year when the activities listed were, or will be, completed. (This is only an estimate. HMGP cannot predict the time table for FEMA to approve funding of projects.) Estimated Completion Date Grant Contract Signed March 25 1998 Preliminary Engineering Report April 1 1998 Required Permits Obtained April 1 1998 Design Engineering April 15 1998 Land R/W Acquisition May 30 1998 Prepare Bid Documents April 30 1998 Award Construction Contract May 30 1998 Begin Construction June 15,1998 Complete Construction September 30, 1998 Project in Use October 1. 1998 Total time from grant agreement signing until project completion HAZARD MITIGATION GRANT PROGRAM 65 APPLICANT HANDBOOK AND GUIDELINES APPENDIX 5 MAY 1997 SAMPLE SECTION 10. ENVIRONMENTAL DATA CHECKLIST. Applicants are responsible for research and compliance with all applicable federal, state, and local regulations, codes, and standards and for securing the necessary permits and approvals. The State of Washington will require a CURRENT SEPA Checklist or Determination of Non- Significance for the grant project if the project is selected for FEMA funding recommendation. We will require a short turn around at that point, so it is to your advantage to begin the process now. Projects funded under the Hazard Mitigation Grant Program must comply with all appropriate environments regulations. This includes compliance with the National Environmental Policy Act (NEPA PL 91-190, as amended), Executive Order 11988 (Floodplain Management), and Executive Order 11990 (Protection of Wetlands), EO 12898 Environmental Justice and WAC 197-11 (SEPA). A. SEPA COMPLIANCE (WAC 197-11) 1. Will there be a Determination of Non-Significance or Claim for Categorical Exemption for this project? DNS: YES NO X CE: YES X NO 2. If you have a completed Environmental Checklist or Determination of Non- Significance, please include it as part of your application. 3. If you claim a Categorical Exemption under SEPA regulations, please cite the sections of your SEPA procedures, or the section of WAC under which you claim exemption. Applicant Agency's SEPA Procedure: SMC 19.04.110 A.1 WAC: 197-11-800(1)(b)(1) and (2)(f) 4. Please describe the categorical exemption in adequate detail for evaluation: SEPA rules allow local determination of residential construction up to 12 dwelling units. Construction only involves 5 residential structures. Demolition of single family residential structures is exempt. 66 HAZARD MITIGATION GRANT PROGRAM APPLICANT HANDBOOK AND GUIDELINES APPENDIX 5 MAY 1997 SAMPLE B. HYDRAULIC CODE COMPLIANCE (RCW 75.20.100-140) 1. Is your proposed project located below the Ordinary High Water Line in the bed of any salt or fresh water of the state? YES X NO 2. If your answer is YES, you are responsible for contacting the Department of Fish and Wildlife to find out whether they will require a Hydraulic Project Approval for your proposed work. We will require proof of application before grant funding can be advanced. C. SHORELINE MANAGEMENT ACT COMPLIANCE (RCW 90.58) 1. Is your proposed project located within the boundaries of the Shoreline Management Act (Including but not limited to: 200 feet of: any marine shoreline or associated wetland; the banks or associated wetlands of any stream with a flow of 20 cubic feet per second or greater; or the shoreline or associated wetland of any lake 20 acres in size or larger in any of the 15 counties west of the crest of the Cascade Mountain range)? YES X NO 2. If you answered YES and your proposal is selected, you will need to apply for a Shoreline Permit from the appropriate unit of government and submit a copy of the permit, or exemption, before release of any funding. D. WETLANDS DISCLOSURE (Governor's Executive Order 90-04) 1. Is there a wetland, as defined by either the U.S. Fish and Wildlife Service or the Clean Water Act, on the site or within the immediate vicinity? YES X NO 2. If you answer YES to the above question, we will require that you comply with the Governor's Executive Order 90-04. This may include the preparation and Department of Ecology's approval of a WETLANDS COMPENSATORY MITIGATION PLAN. If applicable, the Department of Ecology must approve the plan before we approve HMGP funds. Please indicate what actions, if appropriate, you are taking concerning wetlands. The proposed action will remove residential structures and septic systems from portions of the wetland buffer. We anticipate a net beneficial impact to the wetland. HAZARD MITIGATION GRANT PROGRAM 67 APPLICANT HANDBOOK AND GUIDELINES APPENDIX 5 MAY 1997 SAMPLE E. FLOODPLAIN DISCLOSURE (RCW 86-16) 1. Is your proposed project in a floodplain designated on a FEMA Flood Insurance Rate Map? YES X NO 2. If you answer YES, please identify the following: FEMA Flood Insurance Panel Number: 65077AO924L revised June 30, 1990 FEMA Flood Insurance Rate Map Zone Designation: A 3. Is your jurisdiction a participant in good standing in the National Flood Insurance Program? YES X NO F. PUGET SOUND BASIN DISCLOSURE (RCW 90.70) 1. Is your proposed project in, or part of, a drainage basin that drains into Puget Sound (identified in RCW 90.70.005 as all salt waters east of Port Angeles and south of the international boundary line)? YES NO X 2. If you answer YES, please identify the basin and sub-basin. G. CRITICAL AREAS DISCLOSURE (RCW 36.70A) The Growth Management Act requires all cities and counties in the state to designate critical areas (RCW 36.70.70A.179(1)(a)) and to adopt development regulations that will protect them (RCW 36.70A.060(2)). 1. Is your proposed project in any of the "Critical Area" classifications identified in Washington State's Growth Management Act? These areas include: Wetlands, Aquifer Recharge Areas, Frequently Flooded Areas, Geologically Hazardous Areas such as landslide, erosion, alluvial fan, seismically active, or volcanic areas, and Fish and Wildlife Habitat Areas. YES X NO 2. If you answer YES, please identify the critical area category(s). Frequently flooded area Class I river with Salmonoids Wetlands 3. If your proposed project is in a designated critical area, please explain if and how it will contribute to further development in the area. Acquired properties will be maintained as open space; therefore the proposed action will reduce the level of development in these designated critical areas. 68 HAZARD MITIGATION GRANT PROGRAM APPLICANT HANDBOOK AND GUIDELINES APPENDIX 5 MAY 1997 SAMPLE H. CODE COMPLIANCE ASSURANCE 1. Will your project meet all applicable codes and standards for the area in which it is located? YES X NO 2. If you answer NO, please describe on a separate sheet the exemptions or variances that will be required. I. REGIONAL OR BASIN-WIDE PLANNING 1. How has your jurisdiction coordinated the planning and possible impacts of this project with neighboring jurisdictions (counties, cities, states, etc.)? Please explain. The county has met with all of the downstream jurisdictions (neighborhoods, towns within Sasquatch County and the downstream counties to discuss development of flood mitigation proposals. 2. Will this project affect upstream/downstream/neighboring jurisdictions? Please explain to what level this has been done, or why not if nothing has been done. This project will not affect upstream communities. Downstream communities will be affected by the reduction of pollutants flowing downstream and possibly a minor reduction in the amount of water flowing downstream as a result of increased storage capacity. SECTION 11 CERTIFICATIONS AND ASSURANCES. As the duly authorized agent of the applicant, I certify that the information provided below in this application is true and correct. I further assure that the applicant will comply with all applicable state and federal regulations concerning the Hazard Mitigation Grant Program. I will get all necessary permits and approvals if the proposed project is awarded Hazard Mitigation Grant funds. I recognize that failure to comply with all of the applicable state and federal regulations may be grounds for the revocation of current, or the denial of future, Hazard Mitigation Grant Program funding. For projects that involve elevation of individual homes and structures, we must get applicable plans and permits. A building official, currently certified by applicable code organizations (ICBO, etc.) must accomplish final certification of the elevation portion of the project. For projects that involve the acquisition/relocation of properties in the floodplain, the following eligibility criteria and assurances from 44 CFR ' 206.434 (d) apply: HAZARD MITIGATION GRANT PROGRAM 69 APPLICANT HANDBOOK AND GUIDELINES APPENDIX 5 MAY 1997 SAMPLE (1) We will convey the following restrictive covenants in the deed of any property acquired, accepted, or from which structures are removed (hereafter called the property). (i) The property will be dedicated and maintained in perpetuity for uses compatible with open space, recreational, or wetlands management practices. (ii) No new structure(s) will be built on the property except as indicated below: a. A public facility that is open on all sides and functionally related to a designated open space or recreation use; b. A restroom; or C. A structure that is compatible with open space, recreational, or wetlands management usage and proper floodplain management policies and practices that the Director approves in writing before the construction of the structure begins. (iii) After completion of the project, we will not apply for additional DISASTER assistance for any purpose with respect to the property to any federal entity or source, and no federal entity or source will provide such assistance. (2) In general allowable open space, recreational, and wetland management uses include parks for outdoor recreational activities, nature reserves, cultivation, grazing, camping (except where adequate warning time is not available to allow evacuation), temporary storage in the open of wheeled vehicles that are easily movable (except mobile homes), unimproved, previous parking lots, and buffer zones. (3) Any structures built on the property will be flood proofed or elevated to the Base Flood Elevation plus one foot of freeboard. I further certify that the proposed project has been reviewed by the applicable planning director/department and found consistent with our adopted comprehensive plan and development regulations. understand that failure to comply with these conditions following the acceptance of any grant funds will cause the funds to be eligible for an immediate recapture by the State of Washington. Authorized Signature Date 70 HAZARD MITIGATION GRANT PROGRAM APPLICANT HANDBOOK AND GUIDELINES APPENDIX 5 MAY 1997 SAMPLE SECTION 12. RESOLUTION DESIGNATING AN APPLICANT'S AGENT. For the State of Washington Hazard Mitigation Grant Program Application BE IT RESOLVED THAT Ian Taylor, P.E. (Name - Printed) (Title) Or his/her alternate: Sasha Perry, P.E. (Name - Printed) (Title) is hereby authorized to execute for and on behalf of Sasquatch County, a local government entity established under the laws of the State of Washington, this application and to file in the Military Department, Emergency Management Division for the purpose of obtaining certain federal and state financial assistance under Section 404 of P.L. 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Act of 1988. THAT Sasquatch County hereby authorizes its agent to provide to the State Emergency Management Division for all matters concerning such state disaster mitigation assistance the assurances and agreements required. Passed and approved this 5th day of August, 19xx (Signature and Title) (Signature and Title) CERTIFICATION I, Mary Ann duly appointed and County Commissioner (Name) (Title) of Sasquatch County, do hereby certify that the above is a true and correct copy of a resolution passed and approved by the Board of Commissioners of Sasquatch County on the 5th day of August, 19xx (Signature) (Title) HAZARD MITIGATION GRANT PROGRAM 71 APPLICANT HANDBOOK AND GUIDELINES APPENDIX 5 MAY 1997 SAMPLE (This page is purposely blank.) 72 HAZARD MITIGATION GRANT PROGRAM APPLICANT HANDBOOK AND GUIDELINES APPENDIX 5 MAY 1997 APPLICANT APPEAL PROCESS WASHINGTON MILITARY DEPARTMENT Emergency Management Division Hazard Mitigation Grant Program Applicant Appeal Process - State Level I. CRITERIA FOR APPEAL Jurisdictions may appeal a decision of the Mitigation Grant Review Committee based on the following: A. Failure by the Committee to follow established processes as outlined in the state's Hazard Mitigation Administration Plan and/or the processes as outlined herein. B. Arbitrary or capricious decisions by the Committee. II. APPEAL PROCESS AND TIME LINE All jurisdictions will be provided formal notification of their recommended/non-recommended status which will be forwarded to the State Military Department; EMD Director. A. Those jurisdictions initially recommended will be notified if there is, or is not, an appeal of the Committee's recommendations being processed. 1. An appeal will delay all recommendations being forwarded to the Director until the appeal process is complete. 2. A successful appeal may result in a re-ranking of the recommended projects and could affect funding for any particular project. B. Those not being recommended by the Committee will be provided the specific non- recommendation criteria. Should an applicant wish to appeal the non-recommendation of their project by the Military Department, they must: 1. Within FIFTEEN days of receipt of formal notice of non-recommendation respond, in writing, to the specific non-recommendation criteria with full justification or clarification to the Mitigation Grant Review Committee. 2. The Committee will review the appeal, make investigations as necessary, and forward it, with a written recommendation, to the Director of Emergency Management. C. The Director of Emergency Management will review the material submitted and make any additional investigations as deemed appropriate. 1. The jurisdiction will be notified of the Director's decision within ten days following the DEPARTMENT's receipt of the formal "Appeal of Determination" packet. HAZARD MITIGATION GRANT PROGRAM 73 APPLICANT HANDBOOK AND GUIDELINES APPENDIX 6 MAY 1997 APPLICANT APPEAL PROCESS D. If the Director of Emergency Management denies the appeal: 1. The original list of recommendations by the Committee will be forwarded to The Adjutant General, with a copy of the appeal results. 2. All applicants will be notified of the appeal recommendation results and the appeal process has been completed. E. If the Director finds in favor of the appeal, the Mitigation Grant Review Committee will be instructed to take appropriate implementing actions. 1. The entire listing of recommendations will be re-ranked. 2. Affected jurisdictions will be notified and not be allowed to appeal this decision. 3. A revised recommendation packet will be forwarded to the Director with appropriate documentation and explanation of appeal results. F. All decisions of the Director are final. 111111. CRITERIA FOR SELECTION The project must meet federal eligibility criteria referenced in CFR 44, 206.434. To be eligible, the project must demonstrate that it: A. Conforms with the State Flood Damage Reduction Plan (409). B. Has a beneficial impact on disaster-affected area. C. Conforms with CFR 44, Part 9 Floodplain Management, and/or Part 10 Protection of Wetlands. D. Solves a problem independently or will be a functional part of a solution with assurance that the whole project will be completed. (Projects that merely identify or analyze the hazard or problem are not eligible.) E. Will be cost-effective and substantially reduce risk of future damage, hardship, loss, or suffering. This must be demonstrated by documenting that the project: 1. Addresses a repetitive problem or one that poses a significant risk to public health and safety if left unsolved. 2. Will not cost more than the anticipated value of the reduction in both direct damages and subsequent negative impacts to the area if future disasters were to occur. 3. Has been determined to be the most practical, effective, and environmentally-sound alternative after consideration of a range of options. 74 HAZARD MITIGATION GRANT PROGRAM APPLICANT HANDBOOK AND GUIDELINES APPENDIX 6 MAY 1997 APPLICANT APPEAL PROCESS 4. Contributes, to the extent practicable, a long-term solution. 5. Considers long-term changes to the areas and entities it protects, and has manageable future maintenance and modification requirements. IV. CRITERIA FOR NON-SELECTION These are the established criteria for NON-SELECTION of applications for recommendation to the Director and the Federal Emergency Management Agency for funding: A. Application and/or supporting materials were not received by the deadline. B. Grant request exceeds established funding limits. C. Project does not meet eligibility criteria in CFR 44, 206.434, or fails to meet scoring minimums based upon eligibility criteria. (Please see III above.) D. Project does not meet National Environmental Policy Act requirements for early, documented public input in the selection of alternatives. E. Projects that merely identify or analyze the hazard or problem (studies) are not eligible. F. Hazard Mitigation (Section 404) funds cannot be used as a substitute or replacement to fund projects or programs that are available under other federal authorities, except when there are limited circumstances such as extraordinary threats to lives, public health or safety, or improved property. G. Projects are not recommended by the Mitigation Review Committee. Applications are scored by a committee of up to five individuals from state and/or local governments. Composite scores are used to assign ranking order. The Committee then derives their list of projects for recommendation by a combination of: 1. Composite score; 2. Geographical mix; 3. Funding amounts per community; 4. Other available sources of funding; and 5. Grant funds available. 6. Number of grants currently active. (A jurisdiction may have no more than four (4) active grant projects.) 7. Past HMGP participation and results. HAZARD MITIGATION GRANT PROGRAM 75 APPLICANT HANDBOOK AND GUIDELINES APPENDIX 6 MAY 1997 (This page is purposely blank.) 76 HAZARD MITIGATION GRANT PROGRAM APPLICANT HANDBOOK AND GUIDELINES APPENDIX 7 MAY 1997 Excerpts from: Robert T. Stafford Disaster Relief and Emergency Assistance Act, P.L. 93-288 as amended MA "G BELlO 1 O W � Reprinted by the Federal Emergency Management Agency May 1995 HAZARD MITIGATION GRANT PROGRAM 77 APPLICANT HANDBOOK AND GUIDELINES APPENDIX 7 MAY 1997 HAZARD MITIGATION (42 U.S.C. '5170,c) Sec.404.(a) In General. The President may contribute up to 75 percent of the cost of hazard mitigation measures which the President has determined are cost-effective and which substantially reduce the risk of future damage, hardship, loss, or suffering in any area affected by a major disaster. Such measures shall be identified following the evaluation of natural hazards under section 409 and shall be subject to approval by the President. The total of contributions under this section for a major disaster shall not exceed 15 percent of the estimated aggregate amount of grants to be made(less any associated administrative costs)under this Act with respect to the major disaster. (b) Property Acquisition and Relocation Assistance. (1) General Authority. In providing hazard mitigation assistance under this section in connection with flooding,the Director of the Federal Emergency Management Agency may provide property acquisition and relocation assistance for projects that meet the requirements of paragraph (2). (2) Terms and Conditions. An acquisition or relocation project shall be eligible to receive assistance pursuant to paragraph (1) only if- (A) the applicant for the assistance is otherwise eligible to receive assistance under the hazard mitigation grant program established under subsection(a);and (B) on or after the date of enactment of this subsection,the applicant for the assistance enters into an agreement with the Director that provides assurances that- (i) any property acquired,accepted,or from which a structure will be removed pursuant to the project will be dedicated and maintained in perpetuity for use that is compatible with open space,recreational,or wetlands management practices; (ii) no new structures will be erected on property acquired,accepted or from which a structure was remove, under the acquisition or relocation program other than- (1) a public facility that is open on all sides and functionally related to a designated open space; (II) a rest room;or (I11) a structure that a Director approves in writing before the commencement of construction of the structure;and (iii) after receipt of the assistance,with respect to any property acquired,accepted or from which a structure was removed under the acquisition or relocation program- (1) no subsequent application for additional disaster assistance for any purpose will be made by the recipient to any Federal entity;and (II) no assistance referred to in subclause(1)will be provided to the applicant by any Federal source. (3) Statutory Construction. Nothing in this subsection is intended to alter or otherwise affect an agreement for an acquisition or relocation project carried out pursuant to this section that was in effect on the day before the date of enactment of this subsection. MINIMUM STANDARDS FOR PUBLIC AND PRIVATE STRUCTURES (42 U.S.C. '5176) Sec.409.As a condition of any disaster loan or grant made under the provisions of this Act the recipient shall agree that any repair or construction to be financed therewith shall be in accordance with applicable standards of safety, decency, and sanitation and in conformity with applicable codes,specifications, and standards,and shall furnish such evidence or compliance with this section as may be required by regulation. As a further condition of any loan or grant made under the provisions of this Act,the State or local govemment shall agree that the natural hazards in the areas in which the proceeds of the grants or loans are to be used shall be evaluated and appropriate action shall be taken to mitigate such hazards, including safe land use and construction practices, in accordance with standards prescribed or approved by the President after adequate consultation with the appropriate elected officials or general purpose local governments,and the State shall furnish such evidence of compliance with this section as may be required by regulation. 78 HAZARD MITIGATION GRANT PROGRAM APPLICANT HANDBOOK AND GUIDELINES APPENDIX 7 MAY 1997 GUIDELINES FOR ACQUISITION AND RELOCATION The following "Guidelines for Acquisition and Relocation Projects"is from the January 1995 FEMA document and policy guidelines developed by FEMA and adapted for use within Washington State. It does not supersede or replace local, state, or federal laws and regulations relating to property transactions or environmental regulations. ed. • • • • p.0 BELLO M (n QPCE Fq�Tq w � FEMA HAZARD MITIGATION GRANT PROGRAM GUIDELINES FOR ACQUISITION AND RELOCATION PROJECTS (Original publication date -January 1995) HAZARD MITIGATION GRANT PROGRAM 79 APPLICANT HANDBOOK AND GUIDELINES APPENDIX 8 MAY 1997 GUIDELINES FOR ACQUISITION AND RELOCATION Table of Contents A. Introduction..................................................................................................... (81) B. Non-Participating Communities......................................................................... (81) C. Environmental Review...................................................................................... (81) 1. Type of Documentation Required................................................................. (81) 2. Coordination With other Federal Agencies..................................................... (82) 3. Hazardous Materials Concerns..................................................................... (82) D. Coordination With other Programs/Agencies....................................................... (83) E. Property Appraisal and Negotiation.................................................................... (83) F. URA and Relocation Assistance....................................................................... (84) 1. Applicability of the URA............................................................................. (84) 2. Mandatory URA Assistance for Displaced Tenants................................... (84) G. Disposition of Property..................................................................................... (85) 1. Property Title and Reconveyance............................................................... (85) 2. Deed Restrictions and Applicant Responsibility.......................................... (86) H. Treatment of Agricultural Properties................................................................. (87) I. Duplication of Benefits....................................................................................... (88) J. Costs and Matching Considerations.............................................................. (89) Questions and Answers Regarding Allowable Costs and Matches.................... (89) Figure 1 Acquisition and Relocation Programs Applicant Assistance Decision Tree................................................................. (91) Addendum 1: 44CFR Part 206 RIN 3067-A................................................................ (92) Addendum 2: Sample Acquisition Letter .................................................................... (96) Addendum 3: Sample Voluntary Transaction Agreement............................................. (99) Addendum 4: Attachments to Deeds ........................................................................ (102) 80 HAZARD MITIGATION GRANT PROGRAM APPLICANT HANDBOOK AND GUIDELINES APPENDIX 8 MAY 1997 GUIDELINES FOR ACQUISITION AND RELOCATION A. INTRODUCTION Through the HMGP, the state and FEMA can provide funding to an eligible applicant for the purpose of acquiring property in hazardous areas and/or relocating structures to new sites. To be eligible for HMGP assistance, this type of project should meet the following minimum requirements (in addition to the standard HMGP eligibility requirements found at 44 CFR 206 Subpart N): 1. The community must inform prospective participants in writing that it will not use its condemnation authority to acquire their property should negotiations fail and property owners must voluntarily elect to participate in the program; 2. The deed to the property acquired (or from which structures will be removed) will carry a restriction that the property will be maintained as open space in perpetuity, and that no future Federal disaster assistance will be made available to it; and 3. Any relocated structures will be placed on sites located outside of the 100-year floodplain and any regulatory erosion zones, and in conformance with any other applicable State or local land use restrictions. Critical facilities must be located outside the 500 year floodplain. Generally, HMGP funded property acquisition projects consist of a community purchasing flood- damaged homes and either demolishing them or physically moving them to a new site outside of the floodplain. The purchased property is then maintained for open space purposes. While some communities may elect to develop a new site outside of the floodplain for participating residents to move to, FEMA encourages communities to opt for the simpler acquisition and structure removal model. These projects require only minimal environmental review, are considerably less expensive, and allow homeowners to determine where to relocate. This guidance is generally aimed at acquisition/structure removal projects. B. NON-PARTICIPATING COMMUNITIES HMGP grants for acquisition of flood-prone property cannot be made available in certain communities which do not participate in the National Flood Insurance Program (NFIP). Federal grants cannot be given for acquisition or construction purposes if the site is located in a designated special flood hazard area which has been identified by the Director for at least one year and the community is not participating in the NFIP. However, if the community qualifies for and enters the NFIP during the six-month period following the major disaster declaration, a grant application may be considered by the State. FEMA recommends that the States give priority to those communities that were participating in good standing in the NFIP before the disaster and are complying with NFIP requirements during reconstruction. C. ENVIRONMENTAL REVIEW 1. Type of Documentation Required To comply with the National Environmental Policy Act (NEPA), FEMA must conduct an environmental review of the proposed acquisition or relocation. Depending on the scope of the project, the review is documented in one of three forms: HAZARD MITIGATION GRANT PROGRAM 81 APPLICANT HANDBOOK AND GUIDELINES APPENDIX 8 MAY 1997 GUIDELINES FOR ACQUISITION AND RELOCATION a. A memorandum to the file indicating that the project is categorically excluded; b. An Environmental Assessment (EA); or C. An Environmental Impact Statement (EIS). FEMA has published an amendment to its categorical exclusions (44 CFR Part 10) which excludes projects involving only the acquisition of properties and the demolition of structures from the need to perform an environmental assessment. Projects meeting this exclusion will generally require only a memorandum to the file, signed by the Regional Director, indicating the applicability of the categorical exclusion and compliance with other laws, such as the National Historic Preservation Act, the Endangered Species Act, and the Clean Water Act. FEMA and the State must coordinate with the State Historic Preservation Officer on all acquisition projects to ensure compliance with the Section 106 process. Projects involving actual structure relocations or new site developments will require an EA or EIS. In addition to the elements identified at 44 CFR Part 10.9 and 10.10, the environmental review document should contain descriptions of how the project meets the minimum requirements listed above, how the project was coordinated with other programs and agencies, and what the disposition of the property and structures will be. If the project involves the physical relocation of a structure to a new site, the environmental review should discuss the impacts to both the old site and the new one. 2. Coordination With Other Federal Agencies If other agencies or programs are also contributing to the acquisition or relocation of properties in the same area, one joint environmental review should be conducted. FEMA Mitigation staff should coordinate closely with the other involved program managers, especially those within FEMA. If several agencies are involved and the project scope warrants formal coordination, a lead agency should be designated in accordance with 44 CFR Part 10.7. 3. Hazardous Materials Concerns If a community is considering purchasing commercial or agricultural property, it should ensure that the owner provides information identifying what, if any, hazardous materials are on the property. The community should require the owner to remove hazardous materials and containers, before purchasing such properties. FEMA funds should not be used to purchase contaminated property. The owner must certify that any contamination has been cleaned up to meet Federal and State standards before the community can purchase any interest (including an easement for development rights) in the property. When the community purchases an easement for development rights only, the seller must agree to indemnify FEMA and the community for any liability arising from contamination of the property. 82 HAZARD MITIGATION GRANT PROGRAM APPLICANT HANDBOOK AND GUIDELINES APPENDIX 8 MAY 1997 GUIDELINES FOR ACQUISITION AND RELOCATION D. COORDINATION WITH OTHER PROGRAMS/AGENCIES Agencies and programs involved should coordinate joint acquisition or relocation projects to the greatest extent possible. When funds from other Federal sources are used to match HMGP grants, both programs, requirements apply to the whole project. While FEMA is not responsible for ensuring this compliance for other agencies, coordination with the local program representatives is essential. The State, as grantee, is responsible for coordinating the various programs available within the State. Because HMGP is a very flexible program in terms of specific procedures, it is beneficial to coordinate approaches and schedules with other programs involved. The objective should be to make the process as simple and consistent for the applicants and homeowners as possible. E. PROPERTY APPRAISAL AND NEGOTIATION For each property identified for acquisition, the grantee or subgrantee should establish and document a fair market value. The value must be derived from a reasonable methodology that has been consistently applied throughout the community, such as independent appraisals, opinions of value, or a formula based on tax assessments. FEMA should coordinate with the State and the subgrantee (community) in their determination of whether the valuation should be based on pre- or post-flood market value. However, all appraisals in a given community (i.e. HMGP project area) should be based on the same terms. FEMA should ensure that all property owners are treated fairly and are offered an equitable package of benefits. As detailed below in Section I, "Duplication of Benefits," the subgrantee must make certain deductions from the established fair market value before making a purchase offer. However, FEMA offers the State the option of providing a credit to property owners with flood insurance. In this case, the subgrantee would allow the property owner to retain an amount from the flood insurance claim settlement equal to up to 5 years of flood insurance premiums actually paid by the current property owner for a National Flood Insurance Policy for structure coverage. (Normally the subgrantee must deduct the entire flood insurance settlement awarded for structure repair from the purchase offer.) The amount retained would be in no case greater than the amount paid as claim settlement for building damage to the property; nor would it be more than premiums actually paid by the property owner for structure (as opposed to contents) coverage for the preceding five year period. (See figure 1) The acquiring entity (subgrantee) must inform each property owner of what it considers to be the fair market value of the property. The subgrantee may wish to set a time limit with the property owner for the validity of a purchase offer. If several different entities or programs are acquiring property in the same area, property owners may find it confusing if different offers are made to area owners at different times. To avoid any negotiation difficulties or confusion, the local community should coordinate the release of appraisal information and purchase offers to property owners for the various programs. If the current property owner purchased the flood-damaged property after the disaster declaration, then the community cannot offer the owner more than the post-flood fair market value, (i.e. the amount paid by the current owner for the damaged property.) HAZARD MITIGATION GRANT PROGRAM 83 APPLICANT HANDBOOK AND GUIDELINES APPENDIX 8 MAY 1997 GUIDELINES FOR ACQUISITION AND RELOCATION The subgrantee must conduct a title search for each property to ensure that there are no mortgages or liens outstanding at the time of sale. The grant agreement should include this stipulation. F. URA AND Relocation ASSISTANCE 1. Applicability of the URA The Uniform Relocation Assistance and Real Property Acquisition Policies Act (LTRA) mandates that property owners receive just compensation for their property and relocation assistance from federal acquisition programs. The URA also sets specific time limits and places other requirements on the acquiring agency. There are exceptions to the provisions of the UPA, however, for voluntary transactions which meet the specific criteria found at 49 CFR Part 2 4. 1 0 1 (a) - This exception requires that the acquiring agency (subgrantee) inform the property owner in writing: a. That it will not use its power of condemnation to acquire the property in the event negotiations fail; and b. What it believes to be the fair market value of the property. Note: The Hazard Mitigation and Relocation Assistance Act of 1993 provides a special exemption for acquisition and relocation projects implemented as a result of the Midwest flood disasters of 1993. This means that for those particular disasters, the URA does not apply if the following criteria are met: a. The purchasing agency (subgrantee) notifies the property owner in writing that it will not use its power of condemnation to acquire the property; b. The project is carried out by or through a State or unit of general local government; and c. Assistance is provided to the project through FEMA or another Federal agency in response to the disaster. Although HMGP projects must meet the above criteria for voluntary programs, thus allowing an exception to URA provisions, FEMA recommends that the property owner and the subgrantee sign a Voluntary Transaction Agreement (sample attached). This ensures that the property owner understands that they are not automatically eligible for additional relocation benefits beyond the purchase price of the property. 2. Mandatory URA Assistance for Displaced Tenants. Tenants who must relocate as a result of acquisition of their preflood housing are entitled to URA relocation benefits (such as moving expenses, replacement housing rental payments, and relocation assistance advisory services), regardless of the owner' s voluntary participation. For details on these requirements, see 49 CFR Part 24, Subpart C. 84 HAZARD MITIGATION GRANT PROGRAM APPLICANT HANDBOOK AND GUIDELINES APPENDIX 8 MAY 1997 GUIDELINES FOR ACQUISITION AND RELOCATION • A tenant displaced from a dwelling due to a FEMA funded acquisition project is entitled to rental assistance if: a. The tenant occupied the displacement dwelling for the 90 days preceding the negotiations for acquisition of the property; and b. The tenant rents or purchases and occupies a decent, safe, and sanitary replacement dwelling within one year after the date he or she moves out of the original dwelling. • The amount of assistance the community must pay to the tenant is derived from 49 CFR Part 24, Subpart E. The URA states that an eligible displaced tenant is entitled to: a. Reasonable out-of-pocket moving expenses; and b. Compensation for a reasonable increase in rent and utility costs incurred in connection with the relocation. Compensation for rent increase shall be 42 times the amount which is obtained by subtracting the "base monthly rent"for the displacement dwelling from the monthly rent and average monthly cost of utilities for a comparable replacement dwelling, or the decent, safe, and sanitary replacement dwelling now occupied by the displaced person. The rental increase payment may not exceed a total of$5,250. Communities may exceed this limit in extraordinary circumstances, if necessary to ensure that a displaced tenant will be able to obtain and retain a decent, safe, and sanitary comparable unit outside of the floodplain. The "base monthly rent"for the displacement dwelling is the lesser of the average monthly cost for utilities plus the rent at the displacement dwelling as determined by the Agency, or 30% of the tenant's (the URA regulations define tenant as any individual, family, partnership, corporation, or association) - average gross household income. A rental assistance payment may, at the subgrantee Is discretion, be disbursed in either a lump sum or in installments. However, if any HUD programs are providing partial funding for the project, rental assistance payments may not be disbursed in a lump sum. If the tenant chooses to purchase a comparable replacement dwelling, he or she may apply the amount of rental assistance to which they would be entitled towards the down payment. G. DISPOSITION OF PROPERTY 1. Property Title and Reconveyance Depending upon the scope of the project, title to the property is treated in one of two ways: • Full title is acquired or accepted by a public entity (the community, a land trust organization, a State agency, etc.); or • The subgrantee acquires all development rights to the property, with the original owner retaining only the right to make use of the property for farming or quiet enjoyment. The subgrantee or other public property owner will seek the approval of the State grantee agency and the FEMA Regional Director before conveying ownership of the property to any other party. All development rights to the property must be retained by the subgrantee or other public entity. The FEMA Regional Director will only approve the transfer of properties that meet the criteria identified above. HAZARD MITIGATION GRANT PROGRAM 85 APPLICANT HANDBOOK AND GUIDELINES APPENDIX 8 MAY 1997 GUIDELINES FOR ACQUISITION AND RELOCATION Note: In situations where the community is only acquiring development rights to the property, they can provide the property owner an additional incentive to accept the offer by: a. Paying to physically relocate the damaged structure to a new site outside of the floodplain; or b. Paying the pre-flood value of the structure and demolition and removal costs. 2. Deed Restrictions and Applicant Responsibility As a condition of receiving the grant, the applicants (community and State) shall enter into an agreement with FEMA that assures: a. The property acquired, accepted, or from which structures are removed must carry a permanent deed restriction providing that the property be maintained for open space, recreational, or wetlands management purposes only; b. The deed restriction must also stipulate that no future disaster assistance for any purpose from any Federal source will be sought or provided with respect to the property (Insurance claims such as NFIP and Federal Crop Insurance are not considered disaster assistance); c. The deed restriction must also stipulate that no new structures will be erected on the property other than a public facility that is open on all sides or is a rest room and is functionally related to open space (structures that are walled on all sides must meet NFIP minimum requirements); d. In fee simple transactions, the deed restriction must also stipulate that the new titleholder must obtain the approval of the State grantee agency and the FEMA Regional Director before conveying ownership of the property to another public entity. Property transfer to private citizens and corporations will not be approved. All development rights to the property must be retained by the subgrantee or other public entity. e. The subgrantee shall ensure that all structures be removed from the property within 90 days of closing and disposed of in accordance with applicable laws. (The FEMA Regional Director can grant an exception to this requirement if extenuating circumstances exist); and f. The subgrantee accepts responsibility for monitoring and enforcing the deed restriction and/or easement language. Allowable open space uses can include, but are not limited to parks, nature preserves, cultivation, grazing, and unimproved, pervious parking areas. The demolition and debris removal related to acquired structures may be eligible for reimbursement under FEMA's Infrastructure Support program if the structures represent a health and safety hazard. If costs of demolition do not qualify for Infrastructure Support, they can be cost-shared under the Section 404 program. If any parts of the structure are sold for salvage value, this amount is deducted from the total cost of the project. gg HAZARD MITIGATION GRANT PROGRAM APPLICANT HANDBOOK AND GUIDELINES APPENDIX 8 MAY 1997 GUIDELINES FOR ACQUISITION AND RELOCATION The Subgrantee (or whoever holds legal title to the property) must provide for the continued maintenance of the property once the initial debris removal, vegetative site stabilization, and new landscaping are complete. The Director of FEMA may approve, on a case-by-case basis, the erection of structures which do not meet the criteria above before commencement of construction. However, the structure must be constructed in compliance with the community's floodplain management ordinance, meet NFIP minimum requirements, and be compatible with open space uses and floodplain management policies and practices. A sample warranty deed with the required restrictions is attached as Figure 3. H. TREATMENT OF AGRICULTURAL PROPERTIES A community may include agricultural properties in its acquisition/relocation or elevation project under Section 404. However, due to the large tracts of land and unique issues involved, these projects require special consideration. FEMA suggests that communities work with farm property owners on a case by case basis-to negotiate an agreement that is acceptable to the farmer, the community, the State, and FEMA. FEMA requests that the community take into consideration the cost of the project and mitigation benefits to be gained in determining what type of offer to make to a farm property owner, as these factors will be considered by FEMA in its review for funding approval. Methods which can be used to deal with agricultural property are listed below, the option selected will depend upon the situation of the farmer and the property. Situation 1: If the farmer is not interested in continuing to farm or live on the land: Option 1. Refer the project to the Natural Resource Conservation Service's Wetland Reserve Program for potential funding. Option 2. The community can offer to acquire all of the property located within the 100-year floodplain and revert it to another open space use (i.e., wetland, park, nature reserve, etc.). However, the benefit cost ratio of this option must be carefully considered. Option 3. The community can buy the property, ensure that the required permanent restrictions are placed in the deed, and transfer title to a preservation organization, such as a land trust or a governmental agency. Situation 2: If the farmer wants to continue farming the land, and >If the farmer is interested in continuing to live on the property: Option 1. And if the farmer owns a large tract of land, part of which is in the 100-year floodplain and part that is not; then the community can acquire the development rights to the floodplain portion and provide the owner an additional incentive as described in paragraph G. 1. above; or Option 2. The community can provide funding to the property owner to elevate the farm home and/or wet floodproof farm buildings to meet NFIP requirements (no deed restrictions are necessary). HAZARD MITIGATION GRANT PROGRAM 87 APPLICANT HANDBOOK AND GUIDELINES APPENDIX 8 MAY 1997 GUIDELINES FOR ACQUISITION AND RELOCATION >If the farmer is not interested in continuing to live on the property: Option 3. The community can acquire the development rights to all of the farmer's property located in the 100 year floodplain and contiguous to the residential parcel affected by the disaster and provide the owner with an additional incentive as described in paragraph G. 1. above. For Situation 2, options 1 and 3: Cultivation is an acceptable open space use under 44 CFR 206.434. However, some limited crop storage capacity on-site is necessary in order for the farmer to operate successfully. In order to allow limited construction of such storage facilities, FEMA has granted a limited exception to the development restrictions. The exception applies only to projects in which the purchasing community and the seller agree to execute an easement using the language in figure 4 (or a more restrictive version). This language (and the exception) should only be used f or the purchase of agricultural property. Note: All options above (except Situation 1, option I and Situation 2, option 2) require full compliance with the property disposition requirements described in Section G. I. DUPLICATION OF BENEFITS In the administration of HMGP grants for property acquisition, FEMA and the grantee should avoid any duplication of benefits with other forms of assistance. FENiH's policy on duplication of benefits for individuals and families is mandated by Section 312 of the Stafford Act and is set forth in 44 CFR 206.191. This Section of the FEMA regulations delineates a delivery sequence establishing the order in which disaster relief agencies and organizations provide assistance to individuals and families. Programs listed later in the sequence are responsible for ensuring that they do not duplicate assistance which should be provided by a program listed earlier on the list (the program with primary responsibility) For example: Insurance (private and NFIP) is listed as number one in the sequence; the Individual and Family Grant (IFG), which is number four, cannot pay homeowners for damages covered by private homeowner's, fire, or national flood insurance. The IFG program is responsible for finding out the amount of the applicant's claim settlements and what damages they covered, and ensuring that it does not provide the applicant duplicative assistance. In the case of flood-damaged property purchase programs (Section 1362, Section 404, etc.), they are not listed in the delivery sequence, and therefore are positioned after the eight listed programs. This means that all eight programs listed in the sequence at 44 CFR 206.191(d) are "primary programs" in relation to property purchase programs. The property purchase program is required to ensure that it does not duplicate assistance which should be provided by any of the eight primary assistance programs. For example: If a homeowner receives funds for structural repairs and also decides to participate in a property purchase program, he or she is entitled to keep the repair grant benefits as long as the funds are used for housing purposes. However, the property purchase program (i.e., Section 404) must reduce its benefit accordingly to avoid duplication. gg HAZARD MITIGATION GRANT PROGRAM APPLICANT HANDBOOK AND GUIDELINES APPENDIX 8 MAY 1997 GUIDELINES FOR ACQUISITION AND RELOCATION The procedure for preventing the duplication of primary provider benefits follows: 1. The subgrantee provides the state and/or FEMA with a list of property owners who are participating in the property purchase program. 2. The subgrantee (with the advice and assistance of the State and FEMA) should establish the fair market value of the property. 3. The state and/or FEMA will inform the subgrantee of the amount of assistance (from primary providers) provided to each property owner as a result of the same event initiating the acquisition project. 4. If insurance payments, minimal repair grants, and/or IFG grants were awarded for the purpose of making repairs to a structure, the subgrantee must reduce the purchase offer by the amount of the awards. Reductions should not be taken, however, for repairs which the homeowner can show (with receipts) were actually made. 5. Property owners who have SBA loans are either required to repay the loan or roll it over to a new property at closing. This procedure does not amount to the repayment of primary provider grant assistance (i.e., IFG, insurance settlements, etc.). The property owner may keep these benefits, but the Section 404 program cannot duplicate them by paying full pre-flood fair market value for the property. If the community is paying the post-flood fair market value of the property, no deductions for primary provider benefits are necessary. The process for determining the purchase offer is outlined in a decision tree which is attached as figure 1. J. COSTS AND MATCHING CONSIDERATIONS The administration of acquisition and relocation projects can be very complex. This is especially true when determining allowable costs and matches. General policies regarding allowable costs and cost-sharing requirements are established in 44 CFR Part 13. 22 and Part 13.24 respectively. When determining eligible costs, it is important that the scope of the project be well defined. For instance, the application should clearly indicate if any structures will be relocated to new sites, if new sites are to be developed, or if the grant is for property acquisition only. All costs that fit within the defined scope of the project and meet the criteria at 44 CFR Part 13.22 should be shared on a 75% federal/25; state or local matching basis. Questions and Answers Regarding Allowable Costs and Matches 1. Can individual property owners provide the match for Section 404 grants? Yes (as long as it does not violate state laws and regulations). Individuals may use their own funds to match HMGP funds provided through the community, including loans received from the Small Business Administration (SBA) and Farmer's Home Administration (FmHA). In this situation, the cost of the grant would be based on the fair market value of the property and HMGP would provide the grantee or subgrantee 75% of that value to purchase the property. HAZARD MITIGATION GRANT PROGRAM 89 APPLICANT HANDBOOK AND GUIDELINES APPENDIX 8 MAY 1997 GUIDELINES FOR ACQUISITION AND RELOCATION 2. Can money originating from other Federal sources be used to match FEMA Section 404 funds? Generally not. However, a subgrantee can use Department of Housing and Urban Development Community Development Block Grant (CDBG) (entitlement and small cities) monies as a match for 404 grant funds for property acquisition programs. Also, SBA and FmHA consider their loan funds to lose their federal identity once the loan to the individual is approved. Therefore, as stated above, homeowners can apply their SBA or FmHA loans to match HMGP funds. 3. Can the subgrantee claim loss of tax revenue (due to taxpayers relocating outside the jurisdiction) as a soft match? No. The Office of Management and Budget (OME) advises that loss of tax revenue does not meet the criteria for a grant match. 4. How are the "associated"costs (i.e., legal fees, transfer fees, demolition and removal costs,' landscaping, etc.) treated in calculating total project costs To avoid confusion, associated costs should be identified in the project application as being within the scope of the project. Associated costs which meet the criteria (44 CFR Part 13) for allowable costs, referenced above, may be shared on a 75/25 percent matching basis. This includes the cost of"in kind" services performed by the subgrantee. In some cases, the costs of demolition or new infrastructure development may be eligible under the FEMA Public Assistance program. 5. If the subgrantee sells or leases a property acquired with HMGP funds can they retain any income from the transaction? The subgrantee must request the approval of the state and the FEMA Regional Director before conveying the deed to another party (public entity only). If the grant period is still open (as indicated in the grant agreement and the final financial report), any income from sale or lease of the land must be deducted from the overall cost of the project. However, once the grant period is ended, any income generated from the property belongs to the title holder. See 44 CFR Part 13.25 for further details. 6. Do the standard wage rate requirements set forth in the Davis-Bacon Act and related Acts apply to HMGP projects? Davis-Bacon wage rates apply only to work that FEMA contracts for directly, not to grantee- contracted work. However, standard wage rates do apply to some HUD grant funds depending on the funding program and the type, scope, and size of the project. FEMA should coordinate with HUD field representatives to determine whether the rates apply to specific projects. If standard rates do apply, the additional cost is eligible under the HMGP at the same cost-share as the overall project. -END- 90 HAZARD MITIGATION GRANT PROGRAM APPLICANT HANDBOOK AND GUIDELINES APPENDIX 8 MAY 1997 GUIDELINES FOR ACQUISITION AND RELOCATION FIGURE 1 Acquisition and Relocation Programs Applicant Assistance Decision Tree How to Determine Purchase Offer START Did applicant have flood insurance for structure? YES NO Is insurance claim Encourage applicant to settlement less than or apply for FEMA equal to actual premiums assistance or SBA loan. paid in previous five years? YES NO Offer: Market Value less FEMA EMR grants and IFG awards for repairs. Offer: Market Value less Subtract amount of FEMA EMR grants and actual premiums paid IFG awards for repairs in last 5 years from settlement. Offer: Market value less remainder of settlement and FEMA EMR grants and IFG awards for repairs. EMR: Emergency Minimal Repairs IFG: Individual and Family Grant Note: Participants may be required to repay SBA loans at closing. HAZARD MITIGATION GRANT PROGRAM 91 APPLICANT HANDBOOK AND GUIDELINES APPENDIX 8 MAY 1997 ADDENDUM1 Federal Register I-Vol. 59, No. 90 /Wednesday, May 11, 1994 / Rules and Regulations 24355 FEDERAL EMERGENCY MANAGEMENT AGENCY 44 CFR Part 206 RIN 3067-A Disaster Assistance; Hazard Mitigation and Relocation Assistance AGENCY: Federal Emergency Management Agency (FEMA). ACTION: Interim rule. SUMMARY: This interim rule increases the Federal share for eligible hazard mitigation and relocation assistance projects from a maximum of 50 percent to 75 percent. increases the total amount of grant assistance available for each disaster, and places restrictions on property acquisition and relocation projects. The intent of the changes is to carry out the Hazard Mitigation and Relocation Assistance Act of 1993, which provides new flexibility in hazard mitigation and relocation assistance to States. EFFECTIVE DATE: May 11. 1994. FOR FURTHER INFORMATION CONTACT: Robert F. Shea, Chief, Program Implementation Division, room 417. 500 C Street SW., Washington, DC 20472. (202) 646-3619. SUPPLEMENTARY INFORMATION: The President signed the Hazard Mitigation and Relocation Assistance Act (the Act). Pub. L 103-181. on December 3,1993. The Act amends Section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act). 42 U.S.C. 5170c, to increase the Federal contribution to 75 percent, to increase the limit on Federal expenditures, and to place restrictions on property acquisition and relocation project grants. This interim rule amends 44 CFR part 206 to implement the Act. We amend the definition of grant to include the newly established limit on the total grant award. The Act states that the grant award for hazard mitigation shall not exceed 15 percent of the total estimated Federal grant assistance (excluding administrative costs) provided under the Stafford Act. Grant assistance is available under Sections 403. 406. 407. 408. 410. 411. 416, and 601 of the Stafford Act. FEMA will estimate the amount of assistant provided under these sections based on available data summarized in the damage survey reports and the Disaster Management and Projections report. FEMA will include in this total the cost of mission assignments to other agencies that provide functions that would normally be funded as grant assistance. The Act increases from 50 percent to 75 percent the maximum Federal contribution of the cost of hazard mitigation measures. and increases total grant awards from 10 percent of Section 406 to 15 percent of the total estimated Federal assistance under the Stafford Act. Under the Act. FEMA must restrict the eligibility of projects involving property acquisition and relocation assistance for property owners and structures. An eligible applicant must enter an agreement with the Director of FEMA that provides assurances that the property will be dedicated and maintained in perpetuity for uses compatible with open space, recreational, or wetlands management practices and no future Federal disaster assistance in any form will be sought or given with respect to the property. No structures can be built on these properties unless they are public facilities and functionally related to open space usage and are open on all sides. or are rest rooms. The Director may approve other structures, in writing and before construction begins. The Director's approval will be granted rarely, and when granted, buildings must be compatible 92 HAZARD MITIGATION GRANT PROGRAM APPLICANT HANDBOOK AND GUIDELINES APPENDIX 8 MAY 1997 ADDENDUM1 with open space. recreational, or wetlands management practices and be in accordance with sound floodplain management. The Act makes the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 inapplicable to properties damaged by flooding during the 1993 Midwest Floods when certain conditions are met. We define the conditions under which acquisition of certain properties in nine Midwestern States is not subject to the Uniform Relocation Act. The intent and effect of this provision is to simplify and speed the acquisition and relocation process in the nine States severely affected by the Midwest Floods of 1993. National Environmental Policy Act This rule is excluded from the requirements of 44 CFR part 10, Environmental Consideration. No environmental assessment has been prepared. Executive Order 12866, Regulatory Planning and Review Promulgation of this interim rule is required by statute, 42 U.S.0 5170 ( c), which also specifies the regulatory approach taken in the proposed rule. To the extent possible under the statutory requirements of 42 U.S.0 5170( c). this proposed rule adheres to the principles ,of regulation as set forth in this Executive Order. Paperwork Reduction Act This rule does not involve any collection of information for the purposes of the Paperwork Reduction Act. Executive Order 12612, Federalism In promulgating this rule, has considered the President's Executive Order 12612 on Federalism. This rule makes no changes in the division of governmental responsibilities between the Federal government and the States. Grant administration procedures under 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Governments, remain the same. No Federalism assessment has been prepared. Executive Order 12778, Civil Justice Reform This rule meets the applicable standards of section 2(b)(2) of Executive Order 12778, Civil justice Reform, dated October 25, 1991, 3 CFR, 1991 Comp.. P. 359. List of Subjects in 44 CFR Part 206 Administrative practice and procedure, Community facilities, Disaster Assistance, Grant programs housing and community development, Housing, Natural resources. Accordingly. 44 CFR part 206 is amended as follows: 1. The authority citation for part 206 continues to read as follows: Authority: The Robert T. Stafford Disaster Relief and Emergency Assistance Act. 42 U.S.0 5121 et seq.; Reorganization Plan No. 3 of 1978, 5 U.S.0 App. I: E.O. 12148, 3 CFR, 1979 Comp.. p. 412. and E.O. 12673, 3 CFR, 1989 Comp., P. 214. 2. Section 206.430 is revised to read as follows: §206.430 General. HAZARD MITIGATION GRANT PROGRAM 93 APPLICANT HANDBOOK AND GUIDELINES APPENDIX 8 MAY 1997 ADDENDUM 1 This subpart provides guidance on the administration of hazard mitigation grants made under the provisions of section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5170c, hereafter Stafford Act, or the Act. 3. Paragraph ( c ) of Section 206.431 Is revised to read as follows: §206.431 Definitions. ( c ) Grant means an award of financial assistance. The total grant award shall not exceed ten percent of the estimated Federal assistance provided under section 406 of the Stafford Act for major disasters declared before June 10. 1993. For major disasters declared an or after June 10, 1993, the total grant award hall not exceed 15 percent of the total estimated Federal assistance (excluding any associated administrative costs) provided under sections 403. 406, 407, 408, 410, 411, 416, and 6C)i of the Stafford Act. 4. Paragraphs (b) and ( c) of section 206.432 are revised to read as follows: § 206.432 Federal grant assistance. (b) Limitations on Federal expenditure The total of Federal assistance under section 404 shall not exceed 15 percent of the total estimated Federal assistance (excluding any associated administrative costs) provided under sections 403, 406, 407, 408. 410, 411. 416. and 601 of the Stafford Act. The estimate of Federal assistance under these sections shall be based on the Regional Director's estimate of all Damage Survey Reports, actual grants, mission assignments. and associated expenses. (c) Cost sharing. All mitigation measures approved under the State's grant will be subject to the cost sharing provisions established in the FEMA-State Agreement FEMA may contribute up to 75 percent of the cost of measures approved for funding under the Hazard Mitigation Grant for major disasters declared on or after June 10. 1993. FEMA may contribute up to 50 percent of the cost of measures approved for funding under the Hazard Mitigation Grant Program for major disasters declared before June 10, 1993. The nonfederal share may exceed the Federal share. FEMA will not contribute to costs above the Federally approved estimate. Section 206.434 is amended by revising paragraph ( c)(4), redesignating paragraphs (d) and (a) as paragraphs (f) and (.g) respectively. and adding new paragraphs (d) and (e) to read as follows: § 206.434 Eligibility. ( c) (4) Property acquisition or relocation, as defined in § 206.434(d): (d) Property acquisition and relocation requirements. A project involving property acquisition or the rellocation of structures and individuals is eligible for assistance only if the applicant enters an agreement with the FEMA Regional Director that provides assurances that: (1) The following restrictive covenants shall be conveyed in the deed to any property acquired, accepted, or from which structures are removed (hereafter called in section (d) the property): (i) The property shall be dedicated and maintained in perpetuity for uses compatible with open space, recreational, or wetlands management practices; and (ii) No new structure(s) will be built on the property except as indicated below: (A) A public facility that is open on all sides and functionally related to a designated open space or recreational use; 94 HAZARD MITIGATION GRANT PROGRAM APPLICANT HANDBOOK AND GUIDELINES APPENDIX 8 MAY 1997 ADDENDUM 1 (B) A rest room, or (C) A structure that is compatible with open space. recreational, or wetlands management usage and proper floodplain management policies and practices, which the Director approves in writing before the construction of the structure begins. (iii) After completion of the project, no application for additional disaster assistance will be made for any purpose with respect to the property to any Federal entity or source, and no Federal entity or source will provide such assistance. (2) In general, allowable open space, recreational. and wetland management uses include parks for outdoor recreational activities, nature reserves, cultivation, grazing. camping (except where adequate warning time is not available to allow evacuation), temporary storage in the open of wheeled vehicles which are easily movable (except mobile homes), unimproved, previous parking lots, and buffer zones. (3) Any structures built on the property according to paragraph (d)(1) of this section, shall be floodproofed or elevated to the Base Flood Elevation plus one foot of freeboard. (e) Inapplicability of the Uniform Relocation Act. The Uniform Relocation Assistance and Real Property Acquisition Policies Act Of 1971 does not apply to real property acquisition projects which meet the criteria identified below: (1) The project provides far the purchase of property damaged by the major widespread flooding in the States of Illinois, Iowa, Kansas, Minnesota, Missouri. Nebraska, North Dakota, South Dakota, and Wisconsin during 1993; . (2) It provides for such purchase solely as a result of such flooding; (3) It is carried out by or through a State or unit of general local government; • The purchasing agency (grantee or subgrantee) notifies all potential property owners in writing that it will not use its power of eminent domain to acquire the properties if a voluntary agreement is not reached; • The project is being assisted with amounts made available for. • Disaster relief by the Federal Emergency Management Agency; or • By other Federal financial assistance programs. (Catalogue of Federal Domestic Assistance No. 83-516, "Disaster Assistance") Dated: May 4,1994. James L. Witt, Director. (FR Doc. 94-11422 Filed 5-10-94; 8:45 am) HAZARD MITIGATION GRANT PROGRAM 95 APPLICANT HANDBOOK AND GUIDELINES APPENDIX 8 MAY 1997 ADDENDUM 2 SAMPLE ACQUISITION LETTER Your Community Somewhere Washington Date Property Owner Address Somewhere, Washington 98XXX Dear Mr./Mrs. Property Owner: I have been authorized to enter into negotiations with property owners in the (city/county-your community), Washington, for the purpose of purchasing property which has been, or could be, damaged by flooding. Title to such property, if purchased, would be transferred to (your jurisdiction), Washington. The acquisition of property can only be accomplished through voluntary sale by you, the property owner. As the (jurisdiction's) attorney/agent I will explain your rights and options under this program, present you the Statement of Determination of Compensation and Offer to Sell, as well as handle any negotiations concerning the property. The information concerning your property and specifically the appraiser's report has been considered and the pre-flood fair market value of your property has been evaluated where possible. The appropriate amount of compensation of your property has been determined and is documented in the enclosed "Statement of Determination of Compensation". You should carefully review the enclosed material and the "Offer to Sell Real Property" and consider one of the following options which are available to you: (1) Make an Offer to Sell Real Property for the amount specified in the determination of compensation. If you wish to sell your property for the amount specified in the Determination of Compensation, please sign and return to the (jurisdiction) attorney/agent the enclosed Offer to Sell Real Property in duplicate no later than two weeks after receipt. Once all signed copies are returned to the Qurisdiction) attorney/agent, one copy will be executed and returned to you. Upon receipt the transaction may proceed to closing. (2) Reject this invitation to make an Offer to Sell. If you wish to reject this invitation and you do not want to continue negotiation for the sale of your property, then please notify the (jurisdiction's) attorney/agent of your decision no later than tow weeks after receipt. The acquisition process for your property will be terminated at this point. 96 HAZARD MITIGATION GRANT PROGRAM APPLICANT HANDBOOK AND GUIDELINES APPENDIX 8 MAY 1997 ADDENDUM 2 SAMPLE ACQUISITION LETTER (3) Contest the amount specified in the Determination of Compensation. If you believe that the amount of compensation specified in the Determination of Compensation does not adequately reflect the pre-flood fair market value of your property and you still desire to continue negotiations, then you may contest the determinations by (a) retaining at your own expense a licensed, certified appraiser, to perform a second appraisal, within to weeks of receiving the Offer to Sell; (b) notifying in writing the (jurisdiction's) attorney/agent of your decision; and, (c) forwarding the second appraisal once completed to the (jurisdiction's) attorney/agent so it can be sent tot he State for review, and after reviewed, the (jurisdiction) will begin a new negotiation for compensation amount. Once the new invitation and the amended document are received, you may execute the original or amended Offer to Sell Real Property and mail the offer to the (jurisdiction's) attorney/agent within two weeks of receipt, or you may terminate the transaction. If you have made repairs to your property using some of your flood insurance proceeds or Individual and Family Grant (IFG) structural monies, please present all paid receipts (invoices, canceled checks, etc.) to the (jurisdiction's) attorney/agent of the closing meeting. If approved, the offer will be adjusted to reflect the repairs. As mentioned previously, you will have two weeks after receipt of this material to sign the Offer to Sell Real Property. The Jurisdiction would like to proceed with the process for property purchase as soon as possible; therefore, we would appreciate your early consideration of this matter. I know this is an important decision for you. Therefore, the (jurisdiction's) attorney/agent will meet with you personally to present this information and to answer any questions you may have in this matter. I hope we will be able to negotiate the purchase of your property in order to provide you the opportunity to move to a flood-free location. If you have any questions, please contact Mr./Ms. Jurisdiction Representative at (123) 555-1212. Sincerely, ((Jurisdiction's) attorney/agent enclosures cc: State EMD/HMGP HAZARD MITIGATION GRANT PROGRAM 97 APPLICANT HANDBOOK AND GUIDELINES APPENDIX 8 MAY 1997 ADDENDUM 2 SAMPLE ACQUISITION LETTER STATEMENT OF DETERMINATION OF COMPENSATION I. Property Location: Somewhere, Washington: Parcel - If. Legal Description: III. Owner s(,) of Record: Mr./Ms Homeowner IV. Interest to be acquired: Fee Simple V. Amount of Compensation: $ dollars. This amount is based on an estimated value of$ from which an insurance payment of$ has been deducted. lit is believed to be just compensation for the property and is not less than the fair market appraisal which was done on your property. VII. Description of Appraisal Technique: The amount of compensation disregards any increase in the pre-flood fair market value of the property caused by this project. The amount of compensation is based upon an appraisal which utilized the approach for studying the property in the light of its own characteristics and location in relation to sales of other similar sites in the same general area. The appraisal estimated the fair market value of this property as of (date). The definition of Market Value used was: "The amount of cash, or on terms reasonably equivalent to cash, for which in all probability the property would be sold by a knowledgeable owner willing but not obligated to sell to a knowledgeable purchaser who desired but is not obligated to buy." 98 HAZARD MITIGATION GRANT PROGRAM APPLICANT HANDBOOK AND GUIDELINES APPENDIX 8 MAY 1997 ADDENDUM SAMPLE VOLUNTARY TRANSACTION AGREEMENT AGREEMENT THIS AGREEMENT is made and entered into this day of , 19_, by and between the (City/County) of a municipal corporation, by its agent and attorney, hereinafter call (CITY/COUNTY), and hereinafter called SELLER(s). WITNESSETH: That the City/County is acting under a grant from the Washington State Military Department, Emergency Management Division (EMD), to purchase certain property in the (Jurisdiction) of County, Washington, which the Sellers own a parcel a described in Exhibit "'I", attached hereto and made a part of. Sellers represent that their property is located in the floodplain and qualify for the assistance being granted and are UNDER NO OBLIGATION TO SELL THEIR PROPERTY UNDER THIS PROGRAM, BUT DO SO VOLUNTARILY. The parties agree as follows: 1. Sellers have been supplied with a copy of the appraisal of which said appraisal has been reviewed and approved by EMD, with the established Pre-Flood Fair Market Value (FMV) as of the date of 19 , of$ dollars. 2. Sellers acknowledge that the price to be paid for clear title is the fair market value with deductions in the amount of$ dollars for any flood insurance payment received by Sellers for structural damage and $ dollars for which the Individual and Family Grant (IFG) program for which the homeowner cannot document as expended on repair of the damaged structure. 3. Sellers agree that they will, in writing, furnish to the (jurisdiction) within five (5) days from the date of this agreement, a list of all liens of any kind known to the Sellers, including but not limited to mortgages, mechanics liens, judgment liens, and past due taxes. 4. It is understood by all parties that the proceeds from the sale shall first be applied to all liens on the property, including real estate taxes for the entire year 19 . It is further understood that the Hazard Mitigation Grant Program (HMGP) funds being used for the purchase of the property, cannot and will not duplicate benefits received for the same from any other funds. Sellers will return any disaster aid money received if it amounts to a duplicity of benefits. 5. Sellers understand and agree that any replacement housing purchased with EMD monies WILL NOT BE IN ANY FLOOD ZONE A (100 flood zone) as identified in the Flood insurance Rate Maps of any applicable jurisdiction. HAZARD MITIGATION GRANT PROGRAM 99 APPLICANT HANDBOOK AND GUIDELINES APPENDIX 8 MAY 1997 ADDENDUM SAMPLE VOLUNTARY TRANSACTION AGREEMENT 6. Sellers agree they will execute all necessary documents to transfer title to the property to the (Jurisdiction) and also agree to execute now and in the future, any and all documents required by the (Jurisdiction) or EMD to complete this transaction and to comply with City, State and Federal regulations. 7. No fixtures, materials or improvements to the real estate shall be removed from the premises, and, (because of legal liability reasons, the (Jurisdiction) will not permit any materials to be :salvaged at this time or at the time of demolition. Any violation of this agreement may result in changing the fair market value of the structure. The value of the property removed will be solely determined by the (Jurisdiction) and will be deducted from the purchase price, if the purchase price has not yet been paid in full or to be repaid by the Seller within ten (10) days after removal if the purchase price has been paid to the Seller. 8. Sellers represent onto the (Jurisdiction) that they will vacate the property at the time of closing. 9. Sellers acknowledge that they have had an opportunity to review this contract and they have had an opportunity, if they so choose, to contact an attorney of their choice to review this Agreement and enter into the Agreement fully understanding the nature thereof and saves and holds harmless the (Jurisdiction) or any representative, of any liability or responsibility as; a result of this contract or anything incident to the sale. This agreement is binding upon the heirs, executors, successors and assigns all parties. DATED this day of A.D., 19 Seller (s) (Jurisdiction) of _ : a municipal corporation, By: 100 HAZARD MITIGATION GRANT PROGRAM APPLICANT HANDBOOK AND GUIDELINES APPENDIX 8 MAY 1997 ADDENDUM SAMPLE VOLUNTARY TRANSACTION AGREEMENT HAZARD MITIGATION GRANT PROGRAM For projects that involve the acquisition/relocation of properties in the floodplain, the following eligibility criteria and assurances from 44 CFR ' 206.434 (d) apply: (1) The following restrictive covenants shall be conveyed in the deed of any property acquired, accepted, or from which structures are removed (hereafter called the property). (i) The property shall be dedicated and maintained in perpetuity for uses compatible with open space, recreational, or wetlands management practices; and (ii) No new structure(s) will be built on the property except as indicated below: (A) A public facility that is open on all sides and functionally related to a designated open space or recreation use; (B) A restroom; or (C) A structure that is compatible with open space, recreational, or wetlands management usage and proper floodplain management policies and practices with the Director approves in writing before the construction of the structure begins. (iii) After completion of the project, no application for additional disaster assistance will be made for any purpose with respect to the property to any federal entity or source, and no federal entity or source will provide such assistance. (2) In general allowable open space, recreational, and wetland management uses include parks for outdoor recreational activities, nature reserves, cultivation, grazing, camping (except where adequate warning time is not available to allow evacuation), temporary storage in the open of wheeled vehicles which are easily movable (except mobile homes), unimproved, previous parking lots, and buffer zones. (3) Any structures built on the property shall be floodproofed or elevated to the Base Flood Elevation plus one foot of freeboard. HAZARD MITIGATION GRANT PROGRAM 101 APPLICANT HANDBOOK AND GUIDELINES APPENDIX 8 MAY 1997 ADDENDUM Attachment to Deeds for Fee Simple Acquisitions For fee simple acquisition (acquiring title to land), use Exhibit A 1) FEMA Regional Director should concur on the State-applicant agreement that must reference and attach Exhibit A in the deed and record it with the deed. 2) The applicant shall reference Exhibit A in the deed and record it with the deed. EXHIBIT A In reference to the Deed between [the property owner] participating in the FEMA/ State of Washington Military Department acquisition project "The Grantor" and [the City of ..........], "The Grantee": WHEREAS, The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended ("The Stafford Act"), identifies the use of disaster relief funds under Section 404 (Hazard Mitigation Grant Program, "HMGP"), including the acquisition and relocation of structures in the floodplain; WHEREAS, Section 404 of the Stafford Act provides a process for a community, through the State„ to make application for funding to be used to acquire interests in property, including the purchase of structures in the floodplain, to demolish and/or remove the buildings, and to convert the land use into perpetual open space; WHEREAS, the [Washington State Military Department, Emergency Management Division ("DEPARTMENT')] has made such application and has entered into a Federal- State Agreement dated [DATE as amended] and herein incorporated by reference; WHEREAS, the [City of........], acting by and through the [City {Council/Board/Commissioners)], has entered into a cooperative grant agreement with the DEPARTMENT dated [DATE] ("Grant Agreement"), and herein incorporated by reference -- [include when attached to deed]; WHEREAS, the terms of the Stafford Act, regulations promulgated thereunder (44 C.F.R. § 206.434), and the Federal-State Agreement require that the Grantee agree to conditions which are intended to restrict the use of the land to open space in perpetuity in order to protect and preserve natural floodplain values; and NOW, THEREFORE, the grant is made subject to the following terms and conditions: 102 HAZARD MITIGATION GRANT PROGRAM APPLICANT HANDBOOK AND GUIDELINES APPENDIX 8 MAY 1997 ADDENDUM 4 Attachment to Deeds for Fee Simple Acquisitions 1. Terms. Pursuant to the terms of the Stafford Act, regulations promulgated thereunder (44 C.F.R. § 206.434), as they read now and may be amended in the future, and the Federal-State Agreement, the following conditions and restriction shall apply in perpetuity to each property described in the attached deed and acquired by the Grantee pursuant to the Stafford Act § 404: (a) Compatible uses. The land shall be used only for purposes compatible with open space, recreational, or wetlands management practices; ion general, such uses include parks for outdoor recreation activities, nature reserves, unimproved pervious parking lots and other uses described in 44 C.F.R. § 206.434, as it reads now and may be amended in the future. (b) Structures. No new structures or improvements shall be erected on the property other than: (i) a public facility that is open on all sides and functionally related to the open space use; a rest room; or (iii) a structure that is compatible with the uses described in Paragraph 1 (a), above, and approved by the FEMA Regional Director in writing prior to the commencement of the construction of the structure. Any structures built on the property according to this paragraph shall be flood proofed or elevated to the Base Flood Elevation plus one foot of freeboard. (c) Disaster Assistance. No future disaster assistance from any Federal Source for any purpose related to the property may be sought, nor will such assistance be provided; (d) Transfer. The Grantee agrees that it shall convey any interest in the property only with prior approval of the transferee from the Regional Director of FEMA and only to another public entity or to an organization qualified under Section 170 (h) of the Internal Revenue Code of 1954, as amended, and applicable regulations promulgated thereunder. However, the Grantee may convey a lease to a private individual or entity for purposes compatible with the uses described in Paragraph 1 (a), above, including agriculture, with the prior approval of the Regional Director. Title to the property must be conveyed subject to a Conservation Easement that shall be recorded with the deed and shall incorporate all terms and conditions set forth herein, including the easement holder's responsibility to enforce the easement. This shall be accomplished by one of the following HAZARD MITIGATION GRANT PROGRAM 103 APPLICANT HANDBOOK AND GUIDELINES APPENDIX 8 MAY 1997 ADDENDUM Attachment to Deeds for Fee Simple Acquisitions means: (i) the Grantee shall convey, in accordance with section (d), above, a conservation easement to someone other than the title holder, or at the time of title transfer, the Grantee shall retain such conservation easement, and record it with the deed. 2. Inspection. FEMA, its representatives, and assigns, including the DEPARTMENT, shall have the right to enter upon the property, at reasonable times and with reasonable notice, for the purpose of inspecting the property to ensure compliance with the terms of the grant. 3. Enforcement. If the subject property is not maintained according to the terms of the grant, FEMA, its representatives, and assigns, the DEPARTMENT and the Grantee are responsible for taking measures to bring the property back into compliance. (a) The DEPARTMENT will notify the Grantee in writing and advise the Grantee that it has 60 days to correct the violation. (b) If the Grantee fails to demonstrate a good faith effort to come into compliance with the terms of the grant within the 60-day period, the DEPARTMENT shall enforce the terms of the grant by taking any measure it deems appropriate, including but not limited to bringing an action at law or in equity in a court of competent jurisdiction. (c) FEMA may enforce the terms of the grant by taking any measures it deems appropriate, including but not limited to the following: (i) requiring transfer of title in accordance with Paragraph 1 (d). The Grantee shall bear the costs of bringing the property back into compliance with the terms of the grant; or (ii) bringing an action at law or in equity in a court of competent jurisdiction against the DEPARTMENT or the Grantee. 5. Severability. Should any provision of this grant or the application thereof to any person or circumstance be found to be invalid or unenforceable, the rest and remainder of the provisions of this grant and their application shall not be affected and shall remain valid and enforceable. [Signed by Grantor(s) and Grantee, witnesses and notarization in accordance with local law.] 104 HAZARD MITIGATION GRANT PROGRAM APPLICANT HANDBOOK AND GUIDELINES APPENDIX 8 MAY 1997 ATE Relocation Assistance to Tenants � Tc ` z 1889 Application and Worksheet Mav 1997 Displaced Tenant: Displaced Dwelling Address: Contact Information for Displaced Tenant (e.g. current phone number): Owner of Displacement Dwelling: Relocation Assistance Application/Worksheet Completed by: Step 1 90 Day Rule 1. Date of Negotiations with owner of dwelling: 2. days prior to date listed in (1): 3. Date tenant moved into displaced dwelling: 4. Is date in (3) before date in (2)? - _. ...... ..................... Yes No • If No, STOP; tenant is not eligible for assistance. If Yes, proceed to (5). 5. Does tenant still reside in displaced dwelling? _ _ _ .Yes No • If No, proceed to (6). If Yes, tenant meets 90 day rule, proceed to Step 2. 6. Date Tenant moved from displaced dwelling: 7. Is date in (6) before date in (2)?.. _... ._.. _ _ .- -_ _ ....__. _ .......... .......................... Yes No • If Yes, STOP: tenant is not eligible for assistance. If No, tenant meets 90 day rule, proceed to Step 2. HAZARD MITIGATION GRANT PROGRAM APPENDIX 9 105 MAY 1997 Step 2 Income Verification 1. Tenant's Annual Income: $ • Definition of Annual Income: All income reported on federal tax return, interest income, net income from rental property ownership, social security payments, Unemployment benefits and welfare payments for the 12 month period prior to displacement. 2. Which of the following was used to determine annual income? (circle one) Income tax.forms Payroll receipts 3'd party verification Copy documentation and retain with application; 3`d party verification forms are submitted to employer, social service office or other income source to be completed and returned with signature. Step 3 Percentage of Annual Income 1. Tenant's annual income: $ 2. Multiply by: .30 or (30%) $ Step 4 Low to Moderate Income Determination 1. Refer to LMI standards (CDBG manual). 2. Is tenant considered LMI according to standards? ....... Yes No Step 5 Determine Replacement Dwelling Monthly Rent 1. Monthly rent Tenant pays/will be paying for replacement dwelling (requires proof): $ 2. Average monthly, utilities (requires landlord statement or utility company documents): a) Water $ NOTE: b) Sewer $ If the tenant plans to purchase home, c) Gas $ "Replacement Dwelling Rent" = Fair Market Rent d) Electricity $ as determined in Step 6. e) $ f) $ g) TOTAL: $ average monthly utilities: 3. REPLACEMENT DWELLING MONTHLY RENT • (Equals total of line (1) and Line (2)g) $ 106 HAZARD MITIGATION GRANT PROGRAM APPENDIX 9 MAY 1997 Step 6 Determine Fair Market Rent for Comparable Replacement Dwelling 1. Does replacement dwelling meet the following criteria for comparable, decent, safe and sanitary? a) Functionally equivalent to (equal or better than) displacement home? Yes No b) Actually available for rent? Yes No c) Affordable? Yes No d) Reasonably accessible to place of employment? Yes No e) Generally well located to public and commercial facilities (schools, stores, etc.) as compared to displacement dwelling? Yes No f) Not subject to unreasonable adverse environmental conditions? Yes No g) Available to all persons regardless of race, color, religion, sex, or national origin? Yes No h) Meets applicable housing & occupancy requirements Yes No i) Is structurally sound, weather tight and in good repair? Yes No j) Contains a safe, adequate electrical wiring system? Yes No k) Has adequate living space for the occupants? Yes No 1) Has a kitchen with a sink, hot and cold running water? Yes No m) Has connections for a stove and refrigerator? Yes No n) Has a separate complete bathroom with hot and cold running water? Yes No o) Has heating as required by climatic conditions? Yes No p) Has an unobstructed exit to safe open space at ground level? Yes No q) Meets standards protecting occupants from lead based paint hazards? Yes No r) If tenant is physically handicapped, is free of any barriers which could preclude reasonable use of unit? Yes No Generally, all answers in this section should be YES Number of bedrooms in displaced dwelling: Number of bedrooms in replacement dwelling: If replacement dwelling is larger than displaced dwelling, does family size indicate a need for a larger dwelling? Yes No Fair Market Rent (CDBG manual): Replacement Dwelling Rent (determined in Step 5): Is replacement Dwelling Rent equal to or less than Fair Market Rent? Yes No • If Yes, proceed to Step 7 entering the Replacement Dwelling Rent amount on line (1) of Step 7. • If No, proceed to Step 7 entering the Fair Market Rent amount on line (1) of Step 7. HAZARD MITIGATION GRANT PROGRAM APPENDIX 9 107 MAY 1997 Step 7 Determine Rent and Utility Increase Payment 1. Enter Replacement Dwelling Rent or Fair Market Rent as determined in Step 6: $ 2. 30% of tenant's annual income (determined in Step 2) divided by 12: $ 3. Difference (subtract line (2) from line (1)): 4. Is line (3) $0.00 or less? Yes No • If Yes, proceed to Step 8 (tenant does not qualify for Rent Utility Increase Payment.) • If No, continue with Step 7. 5. Is tenant considered LMI? (refer to Step 4): Yes No • If Yes, enter amount of line (3): (a) multiply by 60: $ • If No, enter amount of line (3) (b) multiply by 48: $ Enter the lesser of line 5(a) or 5(b) or $5,250.00: $ Step 8 Reasonable Out-of-Pocket Moving Expenses There are two methods to determine out-of-pocket moving expenses. A community must decide which method to utilize for all displaced tenants. The method used for the first displaced tenant must be used for all subse uent tenant calculations. Method 1: Accept receipts for actual expenses incurred Add and total reasonable out-of pocket moving expenses. Reasonable expenses include but are not limited to : 1. Transportation for tenant and family: $ 2. Packing, moving and unpacking household goods: $ 3. Disconnecting and reconnecting household appliances 4. and other personal property: $ 5. Storage of household goods: $ 6. $ 7. $ TOTAL Actual out-of-pocket expenses $ Method 2 Utilize HUD moving expenses chart (CDBGG manual) $ 108 HAZARD MITIGATION GRANT PROGRAM APPENDIX 9 MAY 1997 STEP 9 Total Payment Due Displaced Tenant 1. Rent and Utility Increase payment (determined in Step 7). Cannot exceed $5,250.00 $ 2. Add: reasonable Out-of-Pocket Moving expenses (Total from the preferred method in Step 8) $ 3. Equals: TOTAL PAYMENT DUE DISPLACED TENANT: (add line (1) and Line (2) $ HAZARD MITIGATION GRANT PROGRAM APPENDIX 9 109 MAY 1997 LCEUTEI3 @)F "TIU lSEUTUL DATE JOB NO. 2101 Fourth Avenue, Suite 600 I Z-4" _ Ocoo—Oro Seattle,Washington 98121-2375 ATTENTION File NO �j 1Jc o'7 U)C*kmo2tf R TO �[ � o F /l��f0 ✓o 43 z P WE ARE SENDING YOU pittached ❑ Under separate cover via the following items:;, ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications idi tVd ❑ Copy of letter ❑ Change order ❑ COPIES DATE NO. DESCRIPTION w s o"sr- n�.4 �tiE T6 l�4TE N M1 -Ft owl_,t,+G r Cos f f r ✓mac.vt THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Reviewed as submitted ❑ Resubmit copies for review For your use El Reviewed as noted ElSubmit copies for distribution ,KAs requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FOR B S DUE_ 19 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO SIGNED: if enclosures are not as noted, kindly notify us at once. Rivenne FboG In/rastruclure Hazard Mapatron,SmeN Protects {' Venan 1.01,May 31.1995 RIVER/NE FLOOD INFRASTRUCTURE Small Project Benefit-Cost Program Page 1 PROJECT INFORMATION Disaster Number DR-1079-WA Project Mt.Vernon Flood Wall DSR Number 349204,5 Address Mt. Vernon Levee DSR Category 0 City, State, Zip Mt. Vernon DSR Subject FLOOD F ING G County Skagit County Inspection Date 0 Applicant Dike Dist.#3 Application Date September 17, 1996 Contact Person JDave Olson Discount Rate (%) 1 7.00 Analysis Date ISeptember 21, 1996 Scenario Run ID 1 Analyst J. LaTOURELLE Save As File Name 1MVfloodwall PROJECT DATA Project Description Installation of a demountable floodwall on the existing levee for_a distance of 1,600', and a height of 4'to 7'. Project Useful Life (years) 50 Base Year of Costs 1996 Mitigation Project Cost Total cost, including mitigation measure $600,000 Repair cost, to pre-disaster condition only $0 Net Mitigation Project Cost $600,000 Annual Maintenance Cost($/year) $1,000 Present Value of Annual Maintenance Cost($) $13,801 TOTAL NET MITIGATION PROJECT COST $613,801 FLOOD FREQUENCY AND DAMAGE ESTIMATES Estimated Frequency of Declared Flood Event(Years) 100 SCENARIO DAMAGES BEFORE &AFTER MITIGATION Flood Expected Estimated Damages Estimated Damages Avoided Damages Frequency Annual Before Mitigation After Mitigation After Mitigation (Years) Number of (per flood event) (per flood event) (per flood event) Floods Direct Other Direct Other Direct Other 4 2.00E-01 146,000 0 146,000 0 20 3.67E-02 146,000 0 0 146,000 0 75 3.33E-03 146,000 0 0 146,000 0 100 5700 -03 $146,000 0 0 $146,000 0 200 3.00E-03 4,528,000 50 452,800 $4,075,200 0 500 2.00E-03 4,528,000 0 452,800 0 $4,075,200 0 SUMMARY OF BENEFITS AND COSTS Expected Present Annual Value Expected Annual Damages Before Mitigation $58,405 $806,039 Expected Annual Damages After Mitigation $2,264 $31,239 Expected Avoided Damages After Mitigation (BENEFITS) $56,142 $774,800 PROJECT BENEFITS $774,800 PROJECT COSTS $613,801 BENEFITS MINUS COSTS $161,000 BENEFIT-COST RATIO 1.26 FEMA Disclaimer:The results produced by this analysis are neither conclusive evidence that a proposed project is cost-effective,nor a guarantee that a project is eligible for any government grant for whatever purpose. 10121,1129 Goettel8 Aswcutes,2725 Donner Wey,Sacramento,GA 95818,(916)4514160 Rivenne Flood Infrastructure Hazard Wigation,Small Pmjects Version 1.01,May 31,1995 RIVERINE FLOOD INFRASTRUCTURE Small Project Benefit-Cost Program: COMMENTS Page 2 Mt.Vernon Flood Wall Mt.Vernon Levee Mt.Vernon Analyst J. LaTOURELLE Analysis Date September 21, 1996 1. Flood loss data is taken from the applicants documentation of benefits. 2. The mitigation measure is considered to be 90%effective at all flood levels. I The damage estimates at the higher flood levels are from the CoE Draft Reconnaissance Report, May 1993 1021,11:29 Goettel d Associates,2725 Donner Way,Sacramento,CA 95818.(916)451-4160 q7 WED 14:16 FAX 1 9 206 806 2733 REG 10 PROCESSING um 001 t PRE-PUBLICATION EIDTION JANUARY 1996 BENEFIT-COST ANALYSIS of HAZARD MITIGATION PROJECTS Post-ir Fax Note 7671 Dace pages To S4-eVt SWdn56 From Ewers Co/Dept_ Q Co. f_-M& Phone# ^ Fhone(4G1?O O u Fax# 11�jr 7 Fax# 7 O RIVERINE FLOOD INFRASTRUCTURE USER'S GUIDE VERSION 1 .0 Applicable to Software Versions 1 .0x Federal Emergency Management Agency Mitigation Directorate Hazard Mitigation Economic Program 04/23/97 WED 14: 16 FAX 1 9 206 806 2733 REG 10 PROCESSING CTR 002 Table of Contents The Riverine Flood Infrastructure Mini-Model Benefit-Cost Analysis Program . . 1 Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Using the Infrastructure Mini-Model Program . . . . . . . . . . . . . . . . . . . . . 1 Using the Full Benefit-Cost Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 This "Mini-Model" User's Manual . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Project Data . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Mitigation Project Cost . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Total Cost, Including Mitigation Measure . . . . . . . . . . . I . . . . . . . 2 Repair Cost, to Pre-Disaster Condition 2 Net Mitigation Project Cost 2 Flood Frequency Estimates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Flood Frequency Table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Flood Frequency (Years) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . 3 Expected Annual Number of Floods . . . . . . . . . . . . . . . . . . . . . . . 3 Flood Exceedance Probabilities . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Interval and Exceedance Probabilities . . . . . . . . . . . . . . . . . . . . . 4 Scenario Damages Before & After Mitigation . . . . . . . . . . . . . . . . . . . . . . . . 5 Estimated Scenario Damages Table . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Estimated Scenario Damages: Direct . . . . . . . . . . . . . • • . . . . . . 5 Estimated Scenario Damages: Other . . . . . . . . . . . . . . . . . . . . • 6 Avoided Damages After Mitigation: Direct . . . . . . . . . . . . . . . . . . 6 Avoided Damages After Mitigation: Other . . . . . . . . . . . . . . . . . . 6 Summary of Project Benefits and Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Project Benefits and Project Costs Table . . . . . . . . . . . . . . . . . . . • • . . • 7 To Continue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Comments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Print the Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Flood Hazard Risk: Technical Appendix . . . . . . . . . . . . . . . . . . . . • • • • • • . • 8 Flood Recurrence Intervals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Flood Exceedance Probabilities . . . . . . . . . . . . . . . . . . . . . . . . • • . • . • • 8 Expected Annual Number of Floods . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Flood Elevation vs. Flood Depth . . . . . . . . • • . • . . . . • 9 Review of Scientific Notation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Print-Out of Riverine Flood Infrastructure Mini-Modell . . . . . . . . . . . . . . . • 11 04/23/97 WED 14: 16 FAX 1 9 206 806 2733 REG 10 PROCESSING CTR 003 VERSION 1.0 411/95 B-C Mini-Model: Riverine Infrastructure ::T]heRiverine Flood Infrastructure Mini-Model Benefit-Cost Analysis Program Introduction Using the This Riverine Flood Infrastructure Mini-Model Benefit-Cost Infrastructure Analysis Program is intended to complement the use of the larger Mini-Model Riverine Flood Benefit-Cost Analysis Program when the total cost of Program the proposed mitigation and repair project does not exceed $43,600 and when a full Flood Insurance Study (or equivalent hydrologic and hydraulic data) is not available. For example, such projects may include upgrading an existing culvert to a larger size, upgrading a pump, or waterproofing a transformer. The "mini-model" may also be used to conduct a quick look or rough screening of larger projects. However, use of this "mini-model" to determine the cost-effectiveness of large projects is strongly discouraged. Using the Full For a proposed mitigation project whose total cost does exceed Benefit-Cost $43,600, the Riverine Flood Benefit-Cost Analysis Program should Program be used. This Program requires a greater range of data entry and models flood probabilities and damages more accurately than in this Infrastructure "mini-model" and thus provides a far more complete and accurate bene-fit-cost analysis for a proposed hazard mitigation project. This "Mini- For projects appropriate for analysis with this Infrastructure mini- Model" User's model," several data entries are required which are slightly different Manual from the entries contained in the Riverine Flood Program. Since these entries may require explanation, they are presented in this user's guide. For most entries, i.e., all entries not discussed below, please consult the User's Guide to the Riverine Flood Benefit-Cost Analysis Program. 1 04/23/97 WED 14: 17 FAX 1 9 206 806 2733 REG 10 PROCESSING CTR R 004 VERSION 1.0 4/1/95 B-C Mini-Model: Riverine Infrastructure PROJECTDATA MITIGATION Mitigation Project Cost Total cost, Including mitigation measure rrs�10;000 PROJECT COST Repair cost,to pre-disaster condition only x k5>i:00D, Net Mitigation Project Cost 51,000 Annual Maintenance Cast(Styear) 0 Present Value of Annual Maintenance Cost(S) so TOTAL NET MITIGATION PROJECT COST ' 51,1000 Total Cost, GREEN Block (Data Input). The total cost of the project includes the Including cost of repair to pre-disaster condition (if applicable) and the cost of the Mitigation proposed mitigation measure. In some cases, repair costs and Measure mitigation project costs are co-mingled in Damage Survey Reports. If the mitigation project cost is available separately, enter this value as the total cost and enter n/a (for not applicable) for the repair cost. Repair Cost, to GREEN Block (Data input). The repair cost includes only the cost to Pre-Disaster restore the damaged structure to its pre-disaster condition without Condition counting any proposed changes or upgrades. If the structure is undamaged (no repair costs), enter 0. Net Mitigation YELLOW Block (Result). The program calculates the Net Mitigation Project Cost Project Cost from the difference between the Total cost, including mitigation measure and the Repair cost, to pre-disaster condition only. 2 04/23/97 WED 14: 17 FAX 1 9 206 806 2733 REG 10 PROCESSING CTR 005 VERSION 1.0 4/1/95 B-C Mini-Model: Riverine Infrastructure FLOOD FREQUENCY Flood Frequency FLOOD Table FREQUENCY Flood Expected Frequency Annual (Years) Number of Floods 7E1fi 4,1.00E-02 ' -VZ25V& -267E-02; ,A- 76V'& 3.33E-03 aJM0 i' 6:00E-03 -200'* ' 3.04E-03 ' Flood Frequency GREEN Blocks (Data Input). The Flood Frequency data entries (Years) represent the recurrence intervals of various floods. One of the data entries in the Flood Frequency (years) column should correspond to the approximate frequency of the flood which caused the disaster. Thus, at the specific site where the mitigation project is proposed, if the recent flooding was estimated to occur approximately every 25 years, no change in the GREEN Blocks need be made since 25 years is already listed. However, if the recent flooding was estimated to occur every 35 years, enter 35 in place of either the 25- or the 75-year flood frequency and adjust other the flood frequency intervals as desired. While all six of these numbers can be changed by the user, the flood frequency data MUST be entered in increasing order, from,the smallest to the largest flood frequency (i.e., years). Expected Annual YELLOW Blocks (Results). In the yellow column next to the Flood Number of Frequency data entries, the program calculates and displays the Floods Expected Annual Number of Floods for each row in the Flood Data Table. In each case, these probabilities represent the probabilities of all floods between two entries in the Flood Frequency data entries. Thus, in the example shown above, the probability shown to the right of "25 years" represents all floods between 25 years and 75 years in frequency. The annual probability of this range of floods is calculated as the difference between the annual exceedance probability of a 25- year flood and the annual exceedance probability of a 75-year flood (e.g., 1125 - 1175, or 0.040 - 0.0133 = .0267 or 2.67E-02). 3 04/23/97 FED 14: 17 FAX 1 9 206 806 2733 REG 10 PROCESSING CTR 006 VERSION 1.0 4/1/95 B-C Mini-Model: Riverine Infrastructure The estimates of the Expected Annual Number of Floods are shown in scientific notation because these numbers may vary over an extremely wide range, including very small numbers. For an explanation of scientific notation, see the Technical Appendix to this chapter. The Expected Annual Number of Floods (for each flood frequency range) corresponds closely to the Annual Probabilities of floods. Expected Annual Number does not mean that this number of floods occurs every year, but rather "expected" indicates the long term statistical average number (probability) of floods per year. Flood Flood probabilities are often expressed as exceedance probabilities. Exceedance An exceedance probability means the probability of all floods greater Probabilities than or equal to some specified flood. Thus, the annual exceedance probability for a 25-year flood means the annual probability for all floods greater than or equal to the 25-year flood. The commonly used term, "100-year flood," is actually an exceedance probability. In other words, the 100-year flood level with an annual probability of 0.01 means all floods greater than or equal to this level. Interval and To avoid confusion, the distinction between interval probabilities and Exceedance exceedance probabilities must be clearly made. The interval Probabilities probability of a flood at exactly (within plus or minus 0.5 feet) the 100- year flood level will be smaller (sometimes much smaller) than the exceedance probability for a 100-year flood, because the exceedance probability includes ALL floods greater than or equal to the 100-year flood. The probabilities shown in the Expected Annual Number of Floods column are interval probabilities for the ranges of flood frequencies entered in the Flood Frequency data column. For further discussion of interval and exceedance probabilities, see the Technical Appendix. 4 04/23/97 WED 14: 18 FAX 1 9 206 806 2733 REG 10 PROCESS[\G CTR [3j007 VERSION 1.0 4/1/95 B-C Mini-Model: Riverine infrastructure SCENARIO DAMAGES BEFORE MITIGATION Estimated 4. 1 0 Scenario :LPj1lQ0 �- Damages Table Flood Expected Estimated Damages Estimated Damages Avoided Damages Frequency Annual Before.Mitigation After Mitigation After Mitigation (Years) Number of (per flood event) (per flood event) (per flood event Floods Direct Other Direct Other Direct Other .r+.t E +tt "ss�ar. r� ':t4s.�s, ia-w:>i•�°R"-a�, _r.aw•..�:- ..-.. 267E-0Z r>gsyfr ,Ss'�yFt- :ax• r..e: Z0. 76s=. 3.57E-03 c v=b000 7;si 000 we wh: r .�-..r�ti;+ 000 i1 000 100 60p 2.00E •'-$6.000 . 00 lr=fi S 00000 200 3A f 00 7$K000•03 "�°iaC00 i0 The Direct and Other costs of the Estimated Damages Before Mitigation, the Estimated Damages After Mitigation, and the Avoided Damages After Mitigation are defined in the following sections. Estimated GREEN Blocks (Data Input). For Estimated Scenario Damages Scenario Before and After Mitigation in the Direct column, enter the damages Damages: Direct which are estimated to occur to the facility itself(e.g., a culvert). In most cases, these damages will vary (increase) as the flood frequency increases. For example, damages in a 25-year flood will often be greater than those in a 10-year flood and less than those in a 75-year flood. In many cases, damages will be zero up to some flood frequency (if the facility can handle that severity of flood without damage) and then increase as the facility's capacity is exceeded. If the proposed mitigation project is effective in reducing damages, then the estimated Scenario Damages After Mitigation will be less (for at least some flood frequencies) than the estimated Scenario Damages Before Mitigation. However, in extreme floods (e.g., 500 years) the mitigation may not prevent failure of the facility and thus the Before and After damages may be the same at some flood frequencies. The estimated Scenario Damages Before and After Mitigation MUST accurately reflect the estimated performance of the facility before and after mitigation or the benefit-cost analysis will be invalid.. 5 04/23/97 EYED 14: 18 FAX 1 9 206 806 2733 REG 10 PROCESSING CTR 008 VERSION 1.0 4/1/95 B-C Mini-Model: Riverine Infrastructure Estimated GREEN Blocks (Data Input). For Estimated Scenario Damages Scenario Before and After Mitigation in the Other column, enter the damages Damages: Other which are estimated for areas or facilities affected by the project's failure (e.g., the damages which occurred due to flooding when a culvert failed). "Direct Damages" are those to the facility itself, while "Other Damages" or those that arise as a consequence of failure of the facility itself. For example, if a culvert washes out, the "Direct" damages are the costs of replacing the culvert and roadway. The Other damages are any other damages such as flooding of houses or costs associated with alternative transportation routes because of the "Direct" damages. Avoided YELLOW Blocks (Results). For Avoided Scenario Damages After Damages After Mitigation in the Direct column, the program calculates the difference Mitigation: between the Estimated Damages Before Mitigation and the Direct Estimated Damages After Mitigation for Direct costs, as defined above. Avoided YELLOW Blocks (Results). For Avoided Scenario Damages After Damages After Mitigation in the Other column, the program calculates the difference Mitigation: Other between the Estimated Damages Before Mitigation and the Estimated Damages After Mitigation for Other costs, as defined above. The Avoided Damages (Direct and Other) are the Benefits (for each flood frequency) of the mitigation project. 6 04/23/97 WED 14: 18 FAX 1 9 206 806 2733 REG 10 PROCESSING CTR Cj009 VERSION 1.0 4/1/95 B-C Mini-Model: Riverine Infrastructure SUMMARY OF PROJECT BENEFITS AND COSTS Project Benefits - • and Project Expected ld Valuer Costs Table Expected Annual Damages Before Mitigation Expected Annual Damages After Mitigation S18 `sS248 Expected Avoided Damages After Mitigation(BENEFITS) =i79 ' • :X31 090 PROJECT BENEFITS � S7"090 PROJECT COSTS -,,,••Si 000 BENEFITS MINUS COSTS ''''' ` ' 90 BENEFIT-COST RATIO F ='I �9 At this point, the mini-Benefit-Cost Analysis is complete. The Summary of Benefits and Costs section presents the Benefit-Cost Results. For a detailed explanation, please see the Riverine Flood User's Guide Version 1.0, pages 9-12 to 9-14. To Continue... This completes the Riverine Flood Infrastructure Small Project Benefit-Cost Program data entry process except for the Comments section. All data sources, engineering judgements, and data entries made for the project under evaluation should be documented as fully as possible. To enter comments, select Comments from the Benefit-Cost Program menu. B-C Analysis of Hz;i File Data Comments Print COMMENTS PINK Block (information Only). Enter detailed information on the source of engineering and flood data, cost estimates, and all other pertinent information for the project under evaluation. These comments provide documentation in the event of disputes or appeals. Print the Report Click on PRINT in the Menu to print the two-page report. 7 04/23/97 WED 14: 19 FAX 1 9 206 806 2733 REG 10 PROCESSING CTR ( j010 VERSION 1.0 4/1/95 B-C Mini-Model: Riverine Infrastructure Flood Hazard Risk: Technical Appendix Flood Floods are a probabilistic natural phenomenon: it is impossible to Recurrence predict in what years floods will occur or how severe the floods will be. Intervals Flood hazards are often expressed in terms of flood frequencies or recurrence intervals, such as a 10-year flood or a 100-year flood. A "l 00-year" flood means that there is a 1% chance per year of a flood at the 100-year or higher flood elevation. A 10-year flood means that there is a 10% chance per year of a flood of the 10-year or higher flood elevation. In general, the annual probability of a flood of X-years is 1/X. Thus, the annual probability of an 83-year flood is 1/83 or 0.012. Flood recurrence intervals do not mean that floods occur exactly at these intervals; rather they only express the probabilities of floods. Thus, a given location may experience two 100-year floods in a short time period or go several decades without experiencing a 10-year flood. Flood recurrence intervals (in years) and annual flood probabilities contain exactly the same probabilistic information. The previous paragraphs explained how to convert recurrence intervals in years into annual probabilities. Conversely, annual probabilities can be converted to recurrence intervals. The recurrence interval in years of a flood depth with Y annual probability is 1/Y. For example, the recurrence interval for a flood with an annual probability of 0.01234 is 1/0.01234 or 81 years. In the benefit-cost program, flood probabilities are expressed in terms of annual probabilities. If desired, these probabilities can be converted to recurrence intervals by the procedure discussed above. Flood The Expected Annual Number of Floods for each flood depth Exceedance correspond closely to Annual Probabilities of floods. Such probabilities Probabilities are interval probabilities; that is, they express the probabilities for each flood depth. For example, in the Benefit-Cost Program, the annual probability of a 2-foot flood is considered to be the annual probability for all floods between 1.5 and 2.5 feet of depth at that site. Flood probabilities are often expressed as exceedance probabilities. An exceedance probability means the probability of all floods greater than or equal to some specified flood. Thus, the annual exceedance probability for a 2-foot flood means the annual probability for all floods greater than or equal to 2 feet. 8 04/23/97 WED 14: 19 FAX 1 9 206 806 2733 REG 10 PROCESSING CTR ( ]011 VERSION 1.0 4/1/95 B-C. Mini-Model: Riverine Infrastructure To avoid confusion, the distinction between interval probabilities and exceedance probabilities must be clearly made. The commonly used term, "100-year flood," is actually an exceedance probability. In other words, the 100-year flood level with an annual probability of 0.01 means all floods greater than or equal to this level. The interval probability of a flood at exactly (within plus or minus 0.5 feet) the 100-year flood level will be smaller (sometimes much smaller) than the exceedance probability for a 100-year flood, because the exceedance probability includes ALL floods greater than or equal to the 100-year flood. For completeness, the benefit-cost program tabulates both exceedance probabilities and interval probabilities, although all calculations are done using the interval probabilities. Expected The flood frequency data (i.e., 10, 50, 100, or 500 years) correspond to Annual Number exceedance probabilities (see Flood Recurrence intervals on page 8). of Floods This analysis gives the Annual Exceedance Probability for all floods, in one-foot increments of depth. From the Annual Exceedance Probabilities, calculated as described above, the Expected Annual Number of Floods in a given one-foot increment are calculated from the difference in exceedance probabilities of two flood depths. For example, the expected annual number for a 2-foot flood (i.e., all floods between 1.5 and 2.5 feet) at a given site (with a given Zero Flood Depth Elevation) is calculated as the exceedance probability for a 1.5- foot flood minus the exceedance probability for a 2.5-foot flood. In the main Riverine Flood Benefit-Cost Model, the Expected Annual Number of Floods is calculated in one-foot increments. In the Infrastructure Mini-Model, the Expected Annual Number of Floods is calculated for the range of flood frequencies shown in the Flood Data Table, without reference to flood depths. Flood Elevation For a given flood (e.g., a 100-year flood), the elevation of the flood vs. Flood Depth water surface varies with location along the stream as shown by the Flood Profile (see Riverine Flood User's Guide, pages 7-2 to 7-4). Furthermore, at a given location along the stream the flood depth corresponding to a 100-year flood varies depending on the Zero Flood Depth Elevation of the building under evaluation. In the Benefit-Cost Program, the Expected Annual Number of Floods are shown for each flood depth from -2 to 18 feet for the building under evaluation. For a different building with a different Zero Flood Depth Elevation, the Expected Annual Number of Floods for each flood depth will: be different. Thus, for example, the depth of a 100-year flood will differ for buildings at different Zero Flood Depth Elevations. 9 04/23/97 WED 14:20 FAX 1 9 206 806 2733 REG 10 PROCESSING CTR ?012 VERSION 1.0 411195 B-C Mini-Model: Riverine Infrastructure Flood depths are calculated and used in the main Riverine Flood benefit-cost program, but not in the infrastructure Mini-Model. Review of The annual probabilities of floods are expressed in scientific notation Scientific because the probabilities may vary from nearly 1 to much less than 1 in Notation a million (0.000001). Scientific notation is a widely-used convenient method of expressing numbers which vary over a very wide range. In scientific notation, as in the Calculated Annual Probability of Floods table, numbers are expressed in two parts: a prefix and a power of 10. For example, 6E+02, where 6 is the prefix and +02 is the power of 10, means 6 times 102, or 6 times 100, or 600. Another way of thinking about scientific notation is that the power of 10 part of the number tells which direction and how much to move the decimal place. Thus, 6E+02 is 6 with the decimal placed moved to places to the positive (right) direction or 600. Thus, 6E+03 is 6000. Scientific notation with negative powers of ten means to move the decimal place to the negative (left) direction. Thus, 6E-02 is 0.06; 6E- 03 is 0.006 and so on. E+00, means don't move the decimal place. Thus, 6E+00 is simply 6. Scientific notation may seem cumbersome with routine numbers, but it is very convenient when numbers are very large or very small or to compare the relative sizes of very large or small numbers. Thus, 6E- 11 is a more convenient way of expressing 0.00000000006. 10 04/23/97 WED 14:20 FAX 1 9 206 806 2733 REG 10 PROCESSING CTR f 013 VERSION 1.0 4/1195 B-C Mini-Model: Riverine infrastructure PRINT-OUT: RIVERINE FLOOD INFRASTRUCTURE MINI-MODEL The following two pages contain an example print-out of the mini-model. 11 04/23/97 WED 14: 20 FAX 1 9 206 806 2733 REG 10 PROCESSING CTR ?Ot4 R­a f,n-e'Oft'a a.-am M*9~ RIVERINE FLOOD INFRASTRUCTURE Page 'S Small Project Benefit-Cost Program PROJECT INFORMATION Project Name Ci Office Annex Address 55 A Street City, State, Ip Cape Squirrel, VA 22222 Owner City of Cape Squirrel Contact Person Sam Smith, City Manager Disaster Number FEMA-000-DR-VA Project Number 123456 Application Date January 1, 1994 Discount Rate (%) 7 Scenario Run ID 1 Analyst Goettel &Homer PROJECT DATA Project Description Install culvert: 24 in place of 18" 50 Project Useful Life(years) 1994 Base Year of Casts Mitigation Project Cost E 10,00 Total cost,including mitigation measure E $$91'0000000 , Repair cost,to pre-disaster condition only Net Mitigation Project Cost EEE3001 Annual Maintenance Cost($/year) Present Value of Annual Maintenance Cost W $1,000 TOTAL NET MITIGATION PROJECT COST FLOOD FREQUENCY SCENARIO DAMAGES BEFORE &AFTER MITIGATION Flood Expected Estimated Damages Estimated Damages Avoided ter Mitigations Frequency Annual Before Mitigation After Mitigation er flood event) (Years) Number of (per flood event) (per flood event) ( Other Floods Direct Other Direct Other Direct 0 0 .0 -02 0 .67 -0 5, 00 00 7 0 00 5,000 2,000 0 5. 5,0 ,00 5 00 ,000 0 3 5'0 0 ,0 .000 0 $ 0 SUMMARY OF BENEFITS AND COSTS Expected Present Annual Value S97 $1,339 Expected Annual Damages Before Mitigation $18 $248 Expected Annual Damages After Mitigation $79 $1'090 Expected Avoided Damages After Mitigation (BENEFITS) Lam— $1,090 PROJECT BENEFITS $1,000 PROJECT COSTS $90 BENEFITS MINUS COSTS ,�-Q9 BENEFIT-COST RATIO =J o f ehn CCU-01 8COVE,not•rWYW�rs n•i,f+�t car+dwly�rvldr,c•thrt•ptoPa P+al+��� ff31A pisd•Inrr.TM nauna pvducW � w4ww ""a P��is6410bl•for 0"Qo,t•n+� Wom lot vt"tr+W P++r7rMR a.rr•r+.w,+,�zra oa.rw.r. G 0810.A+al4•,a,eo owl.13,19 12 04/?3/97 WED 14: 21 FAX 1 9 206 806 2733 REG 10 PROCESSING CTR Z 015 Flh�Fbaa Wfte"Ac.M M-1 ►1AlOMOn.SMI Prof varmn 1.0.Awd I.InA RIVERINE FLOOD INFRASTRUCTURE Small Project Benefit-Cost Program: COMMENTS Page 2 City Office Annex 55 A Street Cape Squirrel,VA 22222 Analyst iGoettel &Horner !� Scenario Run ID 1 13 ouoa txs+ 0000•Fbllrr W—vm oaw wrr.s mr1�1b G�es1�,MQ uu1s0 MEMORANDUM 1 To: Scott Woodbury, P.E. ■ City of Renton 4 t ►±"yam 200 Mill Avenue South Renton, Washington 98055 �I JAN 27 '1997 Di From: Mike Giseburt, R.W. BeckwAg CITY OF RE[VTC1�I Subject: Hazard Mitigation Grant Program Engineering Dept Date: January 24, 1997 Please find attached a copy of a Hazard Mitigation Grant Application for the City of Mount Vemon/Diking District No. 3. The application was submitted following the declaration of a federal disaster. If you have an interest in this program, I suggest you contact Marry Best, the State Hazard Mitigation Officer at (360) 923 - 4585 to see if he thinks the SW 43rd Street project would be eligible (or, if you would like I could contact Marty). We have talked with Marty on several occasions regarding the Mount Vernon Project. Please give me a call at 727-4607 if you have any questions. /N 4IJ hAd File:0000000-60311-6500 C:\RENT0N\MMSWl24.D0C Fc May 1-9, 1996 Mr. Martin Best State Hazard Mitigation Officer Hazard tilitigation Grant Program Administration State of Washington 'Military Department Emergency Management P.O. Box 40955 Olympia, WA 98504-0955 Re: Hazard vlitiaation Grant Program `fount Vernon Flood Wall Dear Mr. Best: Dike District Rio. 3 appreciates that the federal government has made funding available for projects designed to achieve flood hazard mitigation goals. Our proposed Mount Vernon Flood Wall project will help protect the densely populated area of downtown Mount Vernon. as well as the area to the south through the town of Conwav to Skagit Bay. This project will significantly reduce the need for sandbagging along the existing dike through downtown Mount Vernon. Flood fighting is currently performed by Dike District No. 3. the City of Mount Vernon, and Skagit County during a 10 year or greater flood event. The project. having a total cost of approximately 5600.000, would protect an area with a total assessed value of S160.621.325. Expected annual flood damages are estimated at 54.528.000. Even though the benefits of the project are high relative to the cost. Dike District No. 3 recognizes that there are limited funds available in any one funding source. Therefore, the District has made an effort to fund the project with multiple resources, including funds from the Flood Control Assistance Account Program, Cite of Mount Vernon resources. Dike District N'o. 3, and the Washington State Department of Community, Trade and Economic Development. `Ve have allocated percentages of the total project cost in proportion to the amount of funding that is available from each of these sources at this time. Again. the Dike District feels that this proiect is extremely important and will greatly benefit the community. Very truly yours. Dave Olson Dike District No. 3 1637 Torset Road Mount Vernon. WA 98273 (360) 445-3373 WASHINGTON STATE MILITARY DEPARTMENT EMERGENCY MANAGEMENT Camp Murray, Tacoma,WA 98430-5122 HAZARD MITIGATION GRANT PROGRAM GRANT APPLICATION CHECKLIST FEMA-1079-DR-WA (WINTER STORMS 199-4) The following checklist is designed to assist you to insure ALL portions of the application are completed. Applicants must complete each section listed below to be considered for Hazard Mitigation grant funding. Narrative questions must be answered on separate sheets, labeled with the appropriate section and question number. Any questions may be directed to Martin Best, State Hazard Mitigation Officer, at(360) 923-4585. 1. Applicant Data 2. Applicant's Agent Information 3. Certification and Assurance 4. Project Description/Site Location Maps (include sections of local plans as needed) 5. Project Budget and Funding Sources 6. Project Cost 7. Estimated Schedule for Project Completion 8. Selection of the Best Project Alternative 9. State and Federal Elimbiliry `/ 10. Em-ironmenial Data ✓ 11. Proof of Private Nonprofit Incorporation and Tax-Exempt � 12. Resolution Desianating an Applicant's Agent DATED MATERIAL! ! ! This application MUST be postmarked by MAY 31, 1996, to be considered eligible for possible funding. WINTERSTORMS 1995 Hazard Mitigation Grant Progarn Application 1 February 1996 WASHINGTON STATE MILITARY DEPARTMENT EMERGENCY *MANAGEMENT Camp Murray, Tacoma.WA 98430-513_ HAZARD MITIGATION GRANT PROGR-kM GRANT APPLICATION FEMA-1079-DR-WA (WIN, TER STORMS 1995) SECTION 1. APPLICANT DATA Applicant Name: Dike Distnct#3 Project Title: Mount Vernon Flood Wall Federal Tax ID 91-1341675 Basis of Applicant Eligibility: State Government Local Government X Special Purpose District Registered Private Nonprofit With Like Government Semites Indian Tribe Other SECTION '-. APPLICANT'S AGENT LN1 F0RNL4TI0N The Applicant's Agent is the designated contact who has been authorized to apply for and receive grant funding. For clear and direct communication, agencies may want to make this the same person who will have project management responsibility if grant funding is awarded. To proNide continuity and ease of grant administration. the Washington State Military Depar,ment/Emergency Management would like to work with a single point of contact throughout the application, award. and reimbursement process. Formal designation of an Applicant's Agent must be made using the enclosed form. Please Type Applicant Agent's Name: Dave Olson Title: Dike District #3 Commissioner Telephone: (360) 445-3375 Address: 1637 Torset Road Mount Vernon, WA 98273 wtNTERSTORMS 1995 Hazard Mitigation Grant Progarn Application 2 February 1996 SECTION 3. CERTIFICATION AND ASSURANCE As the duly authorized agent of the applicant, I certify that the information provided below in this application is true and correct. I further assure that the applicant will comply with all applicable state and federal regulations pertaining to the Hazard Mitigation Grant Program. As the duly authorized agent of the applicant, I will acquire all necessary permits and approvals if the proposed project is awarded Hazard Mitigation Grant funds, and I recognize that failure to comply with all of the applicable state and federal regulations may be grounds for the revocation of current, or the denial of future, Hazard Mitigation Grant Program funding. I also understand the Hazard Mitigation Grant Program Levee Policy for projects that involve levees, dikes and other flood control structures. That as a condition of consideration for, and receipt of, any Hazard Mitigation Grant Program (FINIGP) funds for a proposed levee/dike project, the levee/dike system within the applicant's jurisdiction must be brought up to, and maintained to, the U.S. Army Corps of Engineers (USACE) levee standards. Additionally, the jurisdiction must make application to the USACE within two (2) years to have the jurisdictions systems inspected and accepted into the USACE inventory. Failure to comply with these conditions following the acceptance of any grant funds will cause the funds to be eligible for immediate recapture by the state of Washington. Additionally, until the system is brought up to the USACE levee standards, the levee system may be ineligible for any additional federal disaster assistance repair and restoration funds in the event of future disaster events. Authorized Signature �'_���2F/� �-` L/— Date SECTION 4. PROJECT (PREFERRED ALTERtiAM-E) DESCRIPTION / SITE LOCATION NLAPS 1. Project Title: Mount Vernon Flood Wall 2. Project Location: (Legal description [Section/Township/Range) -please attach site map) Section 19, Township 34N, Range 4E (See attached Figure) 3. Please pro,.ide the Federal Congressional District, and the State Legislative District in which the project is physically located: Federal 2 State 10 4. Proiect Goal: To reduce the need for sandbagging in downtown Mount Vernon, lessen the risk or flood damage, and free up flood-fighting resources during flood events to help in other areas. WINTERSTORMS 1995 Hazard Mitigation Grant Program Application February 1996 SECTION 4. PROSECT(PREFERRED ALTERNATIVE) DESCRIPTION (Continued) 5. Describe the proposed project, its objectives, and what is being protected. A more detailed Droject iustification statement is reouired in Section 8. For construction projects, please include relevant location, site maps, and an aerial overview. Be as concise as possible and please include any technical drawings to aid the Grant Review Committee in understanding the project. If you need more room to answer this question, please attach a separate sheet. The proposed project consists of a flood wall on top of the dike along the Skagit River behind the parking revetment in downtown Mount Vernon. The flood wall would start at the West Mount Vernon bridge and extend south for about 1,600 feet. Currently, the dike and revetment are overtopped during a 10-year flood event, requiring Dike District No. 3, Skagit County, and the City of Mount Vernon to carry out a significant flood-fighting effort, which has included sandbagging up to 4 feet of water. Relying on flood-fighting efforts to protect the City has resulted in additional risk of flooding because the Skagit River responds fairly rapidly to hydrological events and, typically, there is only about 24 hours of notice between the time sand bagging starts and the time the water is on the bag line. The flood wall would extend from 5 to 7 feet high depending on the ground elevation along the alignment. This would provide protection for the 100-year flood event with about 1.5 feet of freeboard. Note that portions of the wall will be permanent, except in areas designated for vehicle and pedestrian access. The flood wall would serve to protect the highly populated downtown business district and residents, as well as an area south of Mount Vernon through Conway to Skagit Bay. The total assessed value of this area is about S160,621,325 with the expected annual flood damages estimated at S4,528,000 (Corps of Engineers Draft Reconnaissance Report, May 1993, see attached). Unlike the sand bags, a flood wall would be relatively quick to erect and dismantle, is reusable, and would be designed to withstand water levels up to the 100-year flood level. In addition, this project would offset the cost of the sandbags and labor that has been estimated at about S47,820 for the 1995 flood event. Also, the flood wall would be installed in the densely populated downtown area of the City where the facility would have no environmental impact. The Dike District realizes that the project has a high benefit/cost ratio, but that there are limited funds available in any one funding program. Therefore, the Dike District is asking the Washington State Community, Trade and Economic Development's Hazard Mitigation Grant Program to fund only 30 percent of the cost of this project. The Dike District has entered into a joint agreement with the City of Mount Vemon to fund this project and the City has applied to the Washington State Flood Control Account Assistance Program (FCAAP) to provide a 50 percent match on the total cost of the project. The City and Dike District will each contribute 10 percent to fund the remaining 20 percent of the project. 6. Is this a site covered under or connected to a Damage Survey Report (DSR) under the Repair and Restoradon Program of PL 93-28B, as amended?Yes X No If so, give DSR number. DSR No. 349205 S61,782 DSR No. 349204 $1,228 7. One of the problems the program has encountered in receiving approval of funding from FENLA has been the lack of public involvement in selecting the preferred alternative. Describe and provide documentation of public involvement in the selection of this preferred alternative. To our knowledge, the Flood Wall Project was first identified in the General Design Memorandum completed by the Army Corps of Engineers in 1975. There were several public meetings held and incorporated into this document. The Flood Wall Project is also included in the 1993 Flood Damage Reduction Study by the Army Corps of Engineers. Public hearings were also held and incorporated into this document. WRvTERSTORMS 1995 4 Hazard Mitigation Grant Program Application February 1996 SECTION 4. PROJECT (PREFERRED ALTERNATIVE) DESCRIPTION (Continued) Mount Vernon Public Works Committee Meeting. This meeting was advertised in the local papers, along with the Chamber of Commerce and Downtown Merchants Association handing out flyers announcing the Public Meeting. More information on this public hearing is contained in Section S.A. of this application. WIINTERSTORMS 1995 Hazard Mitigation Grant Progrurn Application 1 February 1996 SECTION c. PROJECT BUDGET AND FUNDING SOURCES A. Estimated Total Project Costs Preliminary Engineering Report S 10.000 Design Engineering (P.S.E.) 40.000 Land/R-O-W Acquisition 0 Sales or Use Takes 38,000 Inspection/Construction 20,000 Construction 492,000 Other Total Estimated Costs $600,000 B. Non-Applicant (Outside Sources) Project Funds 1. What other attempts have been made to finance this project? Identify other funding you have applied for and the current status of that application or award. The status of your project with other funding sources should be verified in writing whenever possible. Also, If you have not applied for other funding sources, please explain why. Dike District No. 3 and the City of Mount Vemon have committed 20 percent of the project costs. The City has applied for a 50 percent match on the total project costs from the FCAAP program. There are no other funding opportunities that we are aware of at this time that could be applied for. 2 Please identify any funds, other than Hazard Mitigation Grant funds, that are committed to the project. We realize that projects are often funded in phases and that a Hazard Mitigation Grant may fund just one phase or aspect of the project. Also, funds from other grant or loan programs are often packaged to provide complete funding of the entire project. 1. Other federal funds: $ (Local Match) $ From: 2. Other state funds: S300,000 (Local Match) S75.000 From: FCAAP (Through the City From Dike of Mount Vernon) District and City 3. Other: City of Mount Vernon $45,000 & Dike District No. 3 From: City Utility & Dike District Funds Total Non-Applicant Funds $420,000 3. If applicable, describe any constraints on the sources listed above, in question 5.B.1. and 5.B.2.. on a separate sheet. The City of Mount Vemon is waiting for notification from FCAAP on the application for a 50 percent match on the total project cost. The Dike District and the City have entered into an agreement to jointly fund the project. WINTERSTOPUMS 1995 Hazard Mitigation Grant Program Application 5 February 1996 SFCTION 5. PROJECT BUDGET AND FUNDING SOURCES (Continued) C. Applicant Funding Source(s) Please identif}-the source(s) of your share* for the FDAGP amount of the proiiect: General Funds S60,000 Capital Reserves so Federal. State, or Private Loans— s0 Rates so Assessments (UL EDs, LIDS, R Ds) s0 Special Leiies s0 Other: City of Mount Vernon s60,000 Total Applicant Funds $120,000 Applicant Participation Funding Percentage 67% (DiNide the total applicant funds above by the total HIv1GP portion of the project) 'applicant participation must equal,at a minimum, 12.5 percent of the Hazard%litigation portion of the project '*Federal,;save or private loans are considered applicant participation,to the extent thev are repaid with applicant-generated revenues. Note: The 115 percent applicant snare must come from a non-federal source (with the exception of Community Development Block Grant funds). D. Impact of Non-Selection If a Hazard tilitigauon grant is not prodded, or delayed, what impact «ill this have on the timing of your project- and particularly your ability to utilize alternate funds committed to this project" If the Hazard Mitigation grant is not provided or delayed, and if the FCAAP grant application through the City is successful, FCAAP will have to determine if the state funds can be used to construct a portion of the project. If the Hazard Mitigation grant is provided, but the FCAAP grant is not, the Hazard Mitigation grant program will need to determine if the funds can be used for a portion of the project. Without any grant funds, the project will be delayed. SECTION 6. PROJECT COST-EFFECTIVENESS In order to fund Hazard Mitigation Grant projects, the federal government requires that the project's benefits, over the life of the project, exceed the project's costs. Life of the project, or life-cycle, costs include the consuuction, operation, and maintenance costs that «ill occur over the life of the project. The benefits that «ill occur over the life of the project include the cumulative costs of the damage to protected properr: the associated costs that will be avoided by construction of the project: past actual damages; value of private and public property and resources being protected: reduced maintenance costs: loss of revenue: esumates of income lost through road closures: etc. WiNTERSTORNIS 1995 6 Hazard`litigation Grant Program application February 1996 SECTION 6 PROJECT COST-EFFECTIVENESS (Continued) A. Cost-to-Benefit Narrative Plcase discuss each of the following issues: 1. Describe the useful life and the life-cycle cost of the proposed project. The project has a projected useful life of at least 50 years. Yearly maintenance is estimated at approximately S1,000/year. 2. Pro,zde documentation on the value of the property that would be protected by the proposed project. The Corps of Engineers Draft Reconnaissance Report, May 1993, identified two economic subareas that would flood due to this section of dike. These two areas are subareas 6 and 7 of the report and have a 1992 assessed value of $160,621,325 (see attached page). 3. Provide information on the specific documented damages during the recent event, and historically, that can be attributed to the lack of this project. With the existing condition, the Corps 1993 Reconnaissance Report study estimated average annual damage at S4,528,000 for the two subareas. This is directly attributable to this section of dike. The estimated cost for flood fighting in 1995 is S50,000. This cost is similar for every flood event where sandbagging is required to protect the City. Sandbagging of the revetment has, in recent memory, been necessary in 1995, 1990, 1985, 1979, and 1975, or once every 4 years on average. There are also other damages associated with flood fighting and economic impacts from sandbagging as well. 4. Estimate the dollar amount of damaee and associated costs that would be prevented as a direct result of the proposed project over its useful `life. The Corps of Engineers does not consider the damage reduction resulting from flood-fighting efforts because these efforts are considered unreliable. Therefore, according to the Corps studies, the estimated average annual flood damage of S4,528,000 would be offset by this project. Flood fighting is not a reliable way of providing flood protection (the Corps 1993 Reconnaissance Report, pg. 46). The sandbags have held up to 4 feet of water. In 1990, the water level was within 6 inches of the top of the sandbags. Had this overtopped, one could expect damages well in excess of the above-stated average annual damage. If we consider damage reduction from previous flood-fighting efforts, then the majority of the sandbagging costs, other damage, and economic impacts to businesses would be prevented by this project. Over the 50-year projected useful life of the facility, the sandbag wall would not need to be erected once every 4 years or approximately 12.5 times. The cost of erecting the sandbag wall is S50,000. The cost to area businesses that are impacted by the sandbag walls is $39,000. Other damage to utilities and clean-up costs from the sandbag wall are S56,700. This amounts to a total of S145,700 per occurrence. Given the 12.5 times this wall will be erected over the life of the project, S1,821,250 would be offset by this project. �. Compare the life-cycle cost of the project with the anticipated value of the damage reduction benefits that will be achieved over the life of the project. The total life-cycle cost = S600,000 + 50 ($1,000) = S650,000. If we do not consider the flood fighting to be effective, the anticipated benefit is $4,528,000. If we consider the flood-fighting effort to be effective, the anticipated benefit equals S145,700 every 4 years for 50 years = S1,821,250. WINTERSTORNIS 1995 Hazard Mitigation Grant Program Application 7 February 1996 SECTION 6 PROJECT COST-EFFECTTVENESS (Continued) B. Cost-To-Benefit Data BENEFIT/COST INTUT WORKSHEET The following basic information is needed to run a Benefit/Cost Analysis for IUAGP (404) riverine and coastal flood projects: Total Cost of Project: S600,000 HIviGP Project Amount(If different than above): S180,000 Construction Date(of damaged facilitv): March 1997 Total Contents Value: S160,621,325 Loss of BusinessAncome: $39 000 per occurrence x 12.5 occurrences over the useful life = S487,500 Annual Maintenance Costs(S/vear): S1,000/year Previous Disaster Damages: S50,000 + S56,700 = $106,700 per occurrence x 12.5 occurrences over the useful life = S1.333.750 Total Benefits* of Project:$4,528,000 - Using the Corps criteria of discounting flood fighting. $1,821,250 - Using actual costs of constructing the sandbag wall and associated damage and business impacts over the useful life of the proiect. Flood Frequency Data for Project Site: Flood Frequency Discharge Elevation (vears) (CFS) I (ft) 10 117.000 28.5 50 I 152,000 I 32.4 100 I 178.000 34.2 500 ( 251,000 38.6 Zero Flood Elevation: 28.2 Fill in applicable items, as not all items will apply to each project. 'Benefits may include: Past actual damages, future damages in area that will be mitigated over the life of the project, value of private and public property and resources being protected_reduced maintenance costs,etc.Please demorutr-ste on a separate pave how you arrived at the beneSu. WiNTERSTORMS 1995 Hazed Mitigation Grant Program Application 8 February 1996 SECTION 7. ESTINIATED SCHEDULE FOR PROJECT COMPLETION It is our desire for projects to move quickly in all phase of the process. Those projects that cannot begin shortly after FENtA funding approval may not be eligible. Estimate the month and year when the acti,.zties listed were or will be completed. Estimated Completion Date Grant Contract Signed September 30, 1996 Preliminary Engineering Report November 15, 1996 Required Permits Obtained November 15, 1996 Design Engineering December 30, 1996 Land R/W Acquisition None Prepare Bid Documents January 15, 1997 Award Construction Contract March 30, 1997 Begin Construction April 30, 1997 Complete Construction July 30, 1997 Project in Use Flood Season 1997 This is an aggressive but very doable schedule due to time limit on FCAAP funding. NOTE: The followincy sections are the scored portions of the application. Please make your NARRATIVE answers as concise, but as complete, as possible. Yes/.No answers will be considered as "Unanswered" questions. Applications that fail to answer a sufficient number of questions may be deemed ineligible and not processed. UNANSWERED QUESTIONS WILL NOT BE SCORED! SECTION 8. SELECTION OF THE BEST PROTECT ALTERNATIVE A. Demonstrate through a WRITTEN NARRATIVE that, after consideration of a number of alternatives, (from-no action to the most elaborate solution), that the project submitted for consideration is the most practical. effective. and emironmentally sound. Describe how this project was selected over other possible alternatives and why it represents the best solution to the problem. Please take special effort to explain how the selected alternative, and all other alternatives. will impact the environment. FENIA requires a narrative discussion of at least THREE (3) alternatives and their impacts (beneficial and detrimental). Also, describe how this project meets the objectives of your local hazard damage reduction plan. WINTERSTORMS 1995 Hazard Mitigation Grant Program Application 9 February 1996 SECTION R. SELECTION OF THE BEST ALTERNATIVE (Continued) Be sure to include documentation of puhlic involvement in the altcmauve process. Projects that arc recommended b% the state that cxpencncc unneccssan delays following approval due to lack of public invol,cment mac be withdrawn from consideration by the state. For the alternative selected. please pro-Ode a Scope of Work with a description of the anticipated project (i.e.. install two 6 x S' box culverts. install 1.000 if of 26" pipe, etc.). This is a AIEPA requirement Failure to adequarell• document the alternative selection process map cause an application to be deemed ineligible. Three alternatives have been identified and evaluated for preventing the Skagit River floodwaters from entering the downtown Mount Vernon area. These altematives are: 1) No Action - Continue to place sandbags as necessary during flood-fighting efforts. 2) Construct a permanent flood wall. 3) Raise the existing dike. Under the No Action alternative, the costs identified in the previous section for construction of a sandbag wall and the associated damages and economic impacts are excessive in comparison to other altematives. The risk of flooding associated with this alternative is also unacceptable, given that the flood-fighting efforts have a difficult time keeping up with the floodwaters. The Corps does not even recognize these flood-fighting efforts in its economic analysis. given that it is unreliable. Comments received by the public indicate that other altematives besides sandbagging are more desirable, given the risks and economic impact on downtown businesses. The second altemative has been described in the previous sections of this application. For reasons of cost, safety, least environmental impact, and public support, this is the recommended altemative. The third altemative is to raise the dike on Main Street. As can be seen from the attached photos, this area has been extensively developed for many years, and raising the dike along the street would eliminate the street access for the buildings in the area. The cost of raising the dike would be more than constructing the flood wall described under the second altemative. The public was opposed to this altemative, given the negative impacts on transporation and the downtown businesses. A public meeting was held on May 22, 1996, to discuss a means to keep floodwaters from entering the City from the State Route 536 bridge down to the vicinity of the Moose Hall. Three alternatives were considered. The first was to continue to flood fight using sandbags. The second was to build a flood wall in such a way that additional height could be added during flood events and the openings for businesses and access to the revetment parking structure could be closed off during flood events. The third was raising the dike on Main Street. It was stated that raising the dike on Main Street would eliminate pedestrian/vehicular access to abutting businesses. The public was invited to state their opinions regarding the altematives. The owners of several area businesses were present, and all indicated that they were in support of the second alternative for the flood wall. A great deal of enthusiasm was expressed to pursue this alternative. WINTERSTORMS 1995 Hazard`litigation Grant Program Application 10 February 1996 SECTION S. SELECTION OF THE BEST ALTERNATIVE (Continued) B. Plcase provide documentation of anv communications your agency has had with other federal, state, local, or tribal agencies regarding the alternatives planning or impacts of this altemadve. PIea_se pro%ide the agency, contact person, phone number, and any other documentation. Army Corps of Engineers: Steve Foster (206) 764-3456 Forest Brooks (206) 764-3456 1978 Design Memorandum 1993 Draft Flood Damage Reduction Study Skagit County Surface Water Manager: Dave Brookings (360) 336-9400 City of Mount Vemon Engineering: John Wiseman (360) 336-6204 WINTERSTOR1v1S 1995 Hazard Mitigation Grant Program Application 10 February 1996 SECTION 9. STATE AND FEDERAL ELIGIBILITY The questions in this section relate to specific objectives that the state and federal government wish to accomplish through the Hazard 1%bugation Grant Program. To determine whether or not your proposal meets the minimum state and federal criteria, the state must have a clear and detailed written response to each of the items below. The state will not be able to consider projects that do not meet the applicable criteria. A. FEDERAL CRITERIA- FEDERAL GOALS AIND OBJECTIVES Federal regulations governing the Hazard N itigation Grant Program (44 CFR Part 206 Subpart N Section 206.434 Ltd 206.435) establish the minimum criteria that proposed projects must meet in order to be eligible for grant funding. APPLICANT'S NARRATIVE RESPONSE Answer the following questions FULLY on a separate sheet(s), if needed, to demonstrate that this project meets minimum federal eligibility criteria: 1) Describe how the project will demonstrate significant beneficial impact(s) on the declared disaster area. This project demonstrates at least three significant beneficial impacts to the declared disaster area. a. There is a significant beneficial impact in the form of a reduced risk by using a designed facility rather than having to rely on extensive flood-fighting efforts to protect more than S160,000,000 in assessed property values. b. The project will more than pay for itself in saved flood-fighting costs, associated damage, and reduced economic impacts during a flood. C. The project will greatly reduce flood-fighting resources such as people and materials, making them available to use in other areas as required. 2) Describe how the project will solve a problem independently, or is it a functional. beneficial part of an overall solution. (If part of a larger project, there must be assurance that the overall project will be completed.) In 1995, the Dike District, City, and County placed more than over 100,000 sandbags in this area. This project will replace the need for the majority of these bags. The wall will be placed in an area where the need is the greatest for placing bags and the height of water on the bags is also the highest. Any portion of the wall that can be built will minimize the need for flood-fighting resources and lower the flood risk to a significant population of Skagit County. 3) Describe how the project will demonstrate a substantial reduction of the risk of damage, hardship, loss, and suffering that would result from a future disaster. As stated in the 1993 Corps Reconnaissance Report, flood fighting is not a reliable means of flood protection. This section of dike requires the most extensive flood fighting efforts in the County, and protects S160,621,325 of the County's S935,103,089 total assessed value. This project will greatly reduce the risk to human health and safety, property damage, and loss that could result from a future disaster. WINTERSTOR.MS 1995 11 Hazard Mitigation Grant Program.application February 1996 SECTION 9. STATE AND FEDERAL ELIGIBILITY (Continued) 4) Describe hov.- the project will address a repetitive problem, or one that poses a significant risk if left unresolved. This project will address a repetitive problem in that sandbagging of the revetment has been necessary approximately every 4 years. The predicted return interval for a flood elevation that requires sandbagging is supposed to be the 10-year event. As discussed previously, the project will also significantly reduce the risk from flooding due to the unreliability of flood fighting. As can be seen from the attached photos, this risk is significant, given the valuable property it protects. 5) Describe how the project will contribute to a long-term solution of the problem(not a short-term fix). This project provides a long-term solution to a recurring problem in that construction of any portion of the flood wall reduces the amount of flood fighting required and the associated risk. The wall has at least a 50-year life and will provide protection for the 100-year flood event. This is the solution presented in the Corps 1993 Reconnaissance Report and, as such, will accommodate any final Army Corps project on the larger Skagit system if it does occur. o) Describe how the project, upon completion, will have affordable operation and maintenance costs which the applicant jurisdiction is committed to support. This project will require very little maintenance. The maintenance will be thoroughly investigated and minimized during the design stage. The flood wall will be constructed with durable materials that can withstand more than the 50-year useful life. The wall will be designed such that the cost of erecting the temporary portions of the flood wall will be insignificant compared to the maintenance required for the current sandbagging. As such, this project can be supported financially by the Dike District and the City. 7) Descri'be compliance with Executive Orders 11988, 11990, and 12898. (see attached worksheets,pages 21 and 22) We have complied with Executive Orders 11988, 11990, and 12898 through the public process. There is no practicable alternative to locating this project outside of the floodplain. This will be further reviewed and documented through the Shorelines Management Act process. B. STATE CRTTERLA- STATE GOALS AND OBJECTIVES The State of Washington has established the following damage reduction goals: 1) Save lives and reduce public exposure to risk 2) Reduce or prevent damage to public and private property 3) Reduce adverse en,,ironmental or natural resource impacts 4) Reduce the financial impact on public agencies and society. WINTERSTORtiiS 1995 Hazed Mitigation Grant Program Application 12 February 1996 SECTION 9. STATE AND FEDERAL ELIGIBILITY (Continued) B. STATE CRITERIA - STATE GOALS AND OBJECTIVES (Continued) The Hazard Mitigation Grant Program supports these goals and will attempt to award funding to proposals that meet those goals. Applicants must describe, IN NARR4TIVE FORIM. if and how the proposed project meets all or any of the following specific policies (1 through 10) which meet the above goals. Applicants should also describe whether the proposed project is part of a local, overall plan to reduce hazard vulnerability (11). APPLICANT'S NARRATIVE RESPONSE DESCRIBE A.ND DEMONSTRATE HOW THE PROJECT WILL: 1) Protect lives and reduce public risk. Building the flood wall protects lives and reduces public risk by the following: a. Replaces most of the risky sandbagging effort with a more permanent solution, thus reducing the risk to the sizable area that would be affected by a breach in this location. b. Will greatly increase flood-fighting personnel and equipment to be used in other areas in the County. ?) Reduce the level of hazard damage vulnerability in existing structures and developed property. As stated in the Corps 1993 Reconnaissance Report, this area protects $160,621,325 in assessed value. The major portion of this assessed value is due to existing structures and developed property. Constructing a more permanent flood wall in lieu of placing sandbags will reduce the hazard to these properties. 3) Avoid inappropriate future development in areas that are vulnerable to the hazard damage. The jurisdictions provided protection by the Dike District have implemented floodplain development ordinances consistent with the federal flood insurance program. The area afforded protection has been historically a densely developed downtown commercial area and has been designated as such in future GMA plans for Skagit County. WINTERSTORMS 1995 Hazard Mitigation Grant Program Application 13 February 1996 SECTION 9. STATE AND FEDER-kL ELIGIBILITY (Continued) 4) Show development and implementation of comprehensive programs. standards, and regulations that reduce future hazard damage. As previously described, this project has been identified in the Army Corps studies of 1975 and 1993. Unfortunately, the Army Corps studies have not been implemented. While not specifically mentioned, this project is in conformance with the design guidelines in the County's current flood control policy. Both the Army Corps report and the County policy are being updated. 5) Provide a cooperative, inter junsdictionaUinter-agency, solution to the problem. This project is the result of an interjurisdictional agreement between Dike District No. 3 and the City of Mount Vemon. In addition to the problem of downtown Mount Vemon, there is an ongoing effort to reach agreement on a process for determining a regional flood control plan for the Skagit Valley. The Flood Wall Project is separate from that planning effort in that it targets a specific immediate need for more reliable flood protection to downtown Mount Vernon, but the project is also consistent with any regional planning effort in that previous studies have identified the need for a flood wall in Mount Vernon. 6) Provide a long-term mitigation soluuon in locations that experience repetitive hazard damage. In the last 20 years, the revetment has had to be sandbagged five times. In the larger events, some sandbagging will still be required with the project in place, but it will not be as often or as extensive. The nsk of having to withstand 4 feet of water against the sandbag line will be greatly reduced by having to build only a few sections of sandbag wall approximately 1 foot high. 7) Reduce the number of vulnerable structures through acquisition or relocation. Describe your jurisdictions plans for the acquired property (open space, etc.) This project will reduce the risk of property damage by protecting property with the flood wall and not relying heavily on sandbagging and volunteer labor. Because this project is designed to protect the City's Central Business District, there will be no acquisition or relocation of development in the area. The project will be constructed on existing right-of-way owned by the City. WINTERSTOP—MS 1995 Hazard Mitigation Grant Program,application 14 Fcbruary 1996 SECTION 9. STATE AND FEDERAL ELIGIBILITY (Continued) Sl Address emerging hazard damage issues (such as the damage caused by stormwater runoff, trees in right- of-ways, etc.). The two jurisdictions afforded protection by the Dike District are currently addressing other hazard damage issues such as water quality problems, localized flooding problems, and fish habitat problems from stormwater runoff. These problems are being addressed by their respective surface water management programs that cannot also fund river flooding problems such as the one that will be solved by construction of the Flood Wall Project. 9) Restore or protect natural resource, recreational, open space, or other emironmental values. Since the project is located in a densely developed business district, no real environmental impact will result from the facility. If the river were to breach the emergency sandbag line or the revetment during a flood fight event, the type and amount of damage mentioned in the Army Corps report would occur. Environmental benefit from the project would be realized from greater assurance that flooding developed areas, which causes water quality problems, will be avoided. Also, nearly eliminating the use of sandbags will prevent much of the residual sand material from being washed into surface waters. 10) Increase public awareness of hazards. preventive measures, and emergency responses to disaster. Upon viewing the attached photos of flooding with the sandbag walls in place, we can conclude that the public is very aware of the hazard, and the public has contributed to preventive measures by helping to construct the sandbag walls. Rather than consume nearly all the County's resources in an emergency to construct the sandbag wall, the public and emergency response crews could focus on addressing other hazards and preventive measures if the flood wall were in place. 11) How will this project impact on, or support, the state's goals as detailed in the Growth Management Act? This project will favorably impact GMA and the state's goals by providing a more reliable means of flood control to the major urban center in Skagit County. Providing this type of added security to an existing urban center promotes the use of existing developed commercial areas, as well as existing transportation and utility infrastructure. Without this added security, there will be added pressure from the community to extend development to areas in the County outside designated urban growth centers. WINTERSTORNIS 1995 _ Hazard Mitigation Grant Program Application 15 February 1996 SECTION 10. ENVIRONMENTAL DATA Applicants are responsible for research and compliance with all applicable federal, state, and local regulations, codes, and standards and for securing the necessary permits and approvals. This area is of major concern to both the state and federal governments and should be as complete, accurate, and concise as possible. Delays have been experienced in obtaining final approval for grants due to lack of environmental data. A CURRENT SEPA Checklist or Determination of Non-Significance for the grant project will be required if the project is selected for FEMA funding recommendation. A short turnaround will be required at that point, so it is to your advantage to begin the process now. Projects funded under the Hazard Mitigation Grant Program must comply with all appropriate environmental regulations. This includes compliance with the National Environmental Policy Act (NEPA PL 91-190, as amended), Executive Order 11988 (Floodplain Management), and Executive Order 11990 (Protection of Wetlands), and WAC 197-11 (SEPA). A. SEPA COMPLLANCE (WAC 197-11) 1. Indicate if there will be a Determination of Non-Significance or Claim for Categorical Exemption for this project. DNS: Yes X No CE: Yes No X 2. If you have a completed Environmental Checklist or Determinauon of Non-Simiiftcance, please include it as part of your application. The City is preparing a SEPA Environmental Checklist for the project. 3. If you claim a Categorical Exemption under SEPA regulations, please cite the sections of your SEPA procedures, or the section of WAC under which you claim exemption. Aimlicarit A2cncti's SEPA Procedures N/A WAC 4. Please describe the categorical exemption in adequate detail for evaluation: N/A WINTERSTORNNiS 1995 Hazard Mitigation Grant Program Application 16 February 1996 • SECTION 10. ENvTRONNIENTAL DATA (Continued) B. HYDRAULIC CODE COMPLLAtiCE (RCW 75.20.100-1.10) 1. Is your proposed project located below the Ordinary FLah Water Line in the bed of any snit or fresh water of the state? YES *1O X 2. If your answer is '�=S. you are responsible for contacting the Department of Fisheries or the Department of Wildlife in order to determine whether a Hydraulic Project Approval will be required for your proposed work. Proof of application wall be required before grant funding can be advanced. NIA C. SHORELINE MANAGEMENT ACT COMPLIANCE (RCW 90.58) 1. Is your proposed project located within the boundaries of the Shoreline Mamgement Act (Including but not limited to: 200 fee, of. anv marine shoreline or associated wetland; the banks or associated wetlands of any su-rn with a flow of 20 cubic feet per second or greater; or the shoreline or associated wetland of any lake 20 acres in size or larger in any of the 15 counties west of the crest of the Cascade Mountain range)? YES X NO 2_ If you answer'�E_S and your proposal is selected. you will need to apply for a Shoreline Permit from the appropriate applicant unit of government and submit a copy of the permit_ or exemption. prior to release of any funding. The City is currently preparing a Shoreline Permit Application. D. WETLA—NDS DISCLOSLRE (Governor's Esecutitie Order 90-04) 1. Is there a wetland, as defined by either the U.S. Fish and Wildlife Service or the CIean dater Act. on the site or within the immediate�acinin•? YES NO X 2. If you answer YES to the above question. you will be required to comply with the Governor's Executive Order 90-04. This may include the preparation and Department of Ecology's approval of a WETLANDS COMPENSATORY MITIGATION' PLAN. If applicable. the plan must be approved by the Department of Ecology before HNIGP funds are approved. Please indicate what actions, if appropriate, you are taking in regards to wetlands. wRv'TERSTOR.MS 1993 17 Hazard Mitigation Grant Program Application February 1996 SECTION 10. ENVIRONMENTAL DATA (Continued) E. FLOODPLAIPI DISCLOSURE (RCW 86-16) 1. Is your proposed project located in a floodplain designated on a FEMA Flood Insurance Rate Map? YES X NO 2. If you answer YES, please identify the following: FEMA Flood Insurance Panel Number: 530158-0002-6 (City) 530151-0425-C (County) FEMA Flood Insurance Rate Map Zone Designation: AO(1) (City) AO(2) (County) AO(3) (County) Is your jurisdiction a participant in good standing in the National Flood Insurance Program? YES X NO F. PUGET SOUND BASIN DISCLOSURE (RCW 90.70) 1. Is your proposed project located in, or part of. a drainage basin that drains into Puget Sound (identified in RCW 90.70.005 as all salt waters east of Port Angeles and south of the international boundary line)? YES X NO 2. If you answer YES, please identify the basin and subbasin. Skagit River G. CRITICAL AREAS DISCLOSURE (RCW 36.70A) 1. Is your proposed project located in any of the "Critical Area" classifications identified in Washington State's Growth Management Act? These areas include: Wetlands, Aquifer Recharge Areas, Frequently Flooded Areas, Geologically Hazardous Areas such as landslide, erosion, alluvial fan, seismically active, or volcanic areas, and Fish and Wildlife Habitat Areas. YES X NO 2. If you answer YES, please identify the critical area category(s). Frequently flooded area. WINTERSTORNIS 1995 18 Hazard Mitigation Chant Program Application Fcbruary 1996 SECTION 10. ENVIRONMENTAL DATA (Continued) 3. If your proposed project is located in a designated critical area. please explain if and hmx it «ill contribute to further development in the area. This project will provide protection to an area that historically has been the urban center of Skagit County. This area will continue to serve as an urban center in accordance with recent comprehensive planning performed to comply with the GMA. As part of this designation though, the City is regulating any development in accordance with their floodplain ordinance, which is in compliance with the Federal Flood Insurance Program. H. CODE COMPLIANCE ASSURANCE 1. Will your project meet all applicable codes and standards for the area in which it is located? YES X NO 2. If you answer NO, please describe on a separate sheet the exemptions or variances that will be required. NIA L REGIONAL OR BASINWIDE PLANNING 1. How has your jurisdiction coordinated the planning of this project with neighboring jurisdictions?Please explain. As discussed earlier, this project has been a part of the planning process done by the Army Corps of Engineers, Skagit County, the cities within Skagit County, and the diking districts for many years. This is further evidenced by the attached letters of support from the County and the City. 2. Will this project affect upstream/dowAmstseam/neighboring jurisdictions? Please explain to what level this has been done, or why not if nothing has been done. This project will benefit downstream residents of the County and City by increasing the level of protection during a flood event. It will also benefit every resident in Skagit County by freeing up limited flood-fighting personnel and supplies so they can be used in other locations as necessary. SECTION 11. PROOF OF PRIVATE NONPROFIT INCORPORATION AND TAX-EXEMPT STATUS If you are an eligible private nonprofit corporation with like-govetztment semces, please provide supporting documentation. N/A - Special District WINTERSTORMS 1995 19 Hazard;Mitigation Grant Program Application February 1996 SECTION 12. RESOLUTION DESIGNATING AN APPLICANT'S AGEN For the State of Washington ~azard Mitigation Grant Program Acpiication BE 17 RESOLVED Commis. Secretary Treasurer THAT John J . DeVlieoer (Name - Printed) ,-ltlet OR , Commissioner his/her alternate: David J. Olson (Title) (Name - Printed) o Dike District No. 3 is hereby authorized to execute Tor and on behalf or th . a focal government entity, state agency, special purpose CISt-ict, or private nonproTit organization estabiished under the laws of the State oT Washington, this application and ;0 file In the Military Department, Emergency Management Division for the purpose OT obtaining certain federal and State ttnanciai assistance under A ection —.04 Ot Pg88 S"?8S as amended by the Robert T. S-ca TOfd Disaster Relief and =m ..gency Act or Dike District No. 3 hereby authorizes its agent to Provide to the THAT the State Emergency Management Division Ior all matters pertaining tO such State Olsaster mitigation assistance the assurances and agreements reguired. Passed and approved this = day oT (Signature and T itie) (Signature and Titiei CERTIFICATION I, David J . Olson duly appointed and Commissioner (Name) iTitie) _: A r P n 0' Dike District No. 3 do hereby cer;-y „at the above ;s a t ue and COr;OC: COPY 0 a resolution passed and approved by the Commissioners ' of the Dike District No. 3 / on the day of , �(SlQria�Urel Commissioner (Title) WIN7cRS70RMS 1995 Hazard Mitigation Grant Program Application February 1996 EXECUTIVE ORDER 11988 & 11990 CHECKLIST EO - 11988— FLOODPLALN NU AGEMENT & EO 11990—WETL42ND PROTECTION STEP 1. Determine whether the proposed action is located in a wetland and/or the 100-year floodplain (500-year floodplain for critical actions), or whether it has the potential to affect or be affected by a floodplain or a wetland. YES STEP 2. Notify the public at the earliest possible time of the intent to cam out an action in a floodplain or wetland, and involve the affected and interested public in the decision making process. The public has.been notified since 1975 (if not before). The most recent public involvement was 5/22/96. STEP 3. Identify and evaluate practicable alternatives to locating the proposed action in a floodplain or wetland (including alternatives sites, actions and the no action option). If a practicable alternative exists outside the floodplain or wetland,FEMA must locate the action at the alternative site. This was done 5122/96. The no action is the only alternative site outside the floodplain, and this is not practicable. STEP 4. Identify the full range or potential direct or indirect impacts associated with the occupancy or modification of floodplains and wetlands and the potential direct and indirect support of floodplain and wetland development that could result from the proposed action. There will be no real negative impacts associated with occupancy or modification of the floodplain, and there are no wetlands in the project area. This is because the area to be protected has been for many years a densely developed downtown commercial area. There will be positive impacts in the reduced likelihood of flood damage. The City and County's floodplain development requirements will not be changed due to this project. STEP 5. Minimize the potential adverse impacts and support to or within floodplains and wetland to be identified under step 4, restore and preserve the natural and beneficial values served by floodplain. and preserve and enhance the natural and beneficial values served by wetlands. No adverse impacts. STEP 6. Reevaluate the proposed action to determine first, if it is still practicable in light of its exposure to flood hazards, the extent to which it will aggayate the hazards to others, and its potential to disrupt floodplain and wetland values. Second, if alternatives preliminarily rejected at step 3 are practicable in light of the information gained in steps 4 and 5, FEMA shall not act in a floodplain or wetland unless it is the only practicable location. No change due to reevaluation. STEP 7. Prepare and provide the public with a finding and public explanation of any final decision that the floodplain or wetland is the only practicable alternative. This will be done through shorelines. STEP 8. Re-,iew the implementation and post-implementation phases of the proposed action to ensure that the requirements of the order are fully implemented. Oversight responsibility shall be integrated into existing processes. wrn'TERSTORMs 1995 Hazard,lAitigation Grant Program Application 21 February 1996 EXECUTIVE ORDER 1289S Environmental Justice In Minority Populations & Low Income Peoples YES NO 1. Are there concentrations of minoriry or low-income populations in or near the project area? X ?. Does the proposed project adversely impact the health or physical emzronment of minority or low-income populations? X Action. if impacted: a) Change Project b) Mitigate Project WINTERSTOR.MS 1995 Hazard Mitigation Grant Program Application 22 February 1996 KEY CTTY BUII.DINGS A- HALL.B- ENGINEERING 7GINEERING L--� C- FIRE DEPARTMENT u D- LIBRARY [n E- MAINTENANCE SHOP G� F- PARKS & RECREATION G- PLANNING & BUILDING 0' H- POLICE I- POLICE J- PROBATION/COON/C0N3[LTN. SERV. K- PUBLIC DEFENDERS L- SANITATION N- A5ASTE RATER TREAi1t7 I FLOOD WALL PROJECT GOPER*71fENT BUII.DINGS Ln 0- POST OFFICE P- MV S'ENIOP. CEN=- Q- SBAG. CO. PUBLIC WORKS _ P.- SSAG. CO. COURTHOUSE S- JCVLNILB PROBATION I ( I h T- DISTRICT COURT U- NW AIR POLLUTION AUTH. - SK. CO. SENIOR SERVICES lf- SB.1GTT COUrrCII. OF G07TS. N ,El j Fin =kcd �1— IV /hre � CC VICINITY AND GO �lERNMENT BUILDING ` � �- LOCATOR MAP oil IFF • , 4 , Fill jb t , s Wt 40 ell ~' 1 .Y o r x. f. . _ �I`�w�A[•���T���' � _�i�"'�.� r��1�t� tom~ - �. .ice--' ^L�.r•..�-�. _-�s�+.+ _�.-iT,,.e•;i- . •�_.r.�. 'ir'rra a1+y��sY~�w '��"_:.T�sww� �+�-s-mot:.!`r s:'!�� ' 'r�'e..` �1 �.�T�iC�•" .�. �� CITY OF • VERNON WASHINGTON . • • 1990 DOWNTOWN FLOOD EVENT r I � _w✓C. 6 Avgrat- 'Sc" fill - 1 - - i!• Y 7L •ter ri�- { '_ MOUNTCITY OF • WASHINGTON NOVEMBER 1995 FLOOD EVENT DOWNTOWN .lT Lw• '�`�"'777 eL^� _�����'!► `� —mow Attachment Documentation for Total Benefits of the Project Tais ariachment provides Lhc documentation for the:otai benefits of the project as requested in Section 6.B. The bcnents of the project fall under two categories. They are ])Loss or Busiuessilncome, and 2)Disaster Damages. An explanation of the cost benefits of dhc project according to these categories is as follows: Loss of Business/Income Because of the labor involved,sandbag walls are often le^in pla=after the flood fighting effort until the threat of any additional flooding has passed. This perod of time when the sandbags are in place can last for several weeks and they block the area businesses causing a loss of business income. The City has-.Taken a survey of all the affected businesses along the route where the sandba2oing effon uZkes place. This survey eskad what effect the flood fi=Iicui�5 effort has had on their business ae:ivit'.es. The:results f on the 12 effected businesses is that they are impacted on the order of 5;9,000 per aacb event. or=averase of S3,250 each. The:project would virtually eliminate his impact on the area business because sections of the flood wall would either be permanent rLx=m that are not in the way, or Thc,/would be temporary wails that arc erected as needed and would be dismantled as soon as the flood event was over- If tae totai impact for loss of business income is S39,000 per occurrence, and there arc 12.5 occ,==czz over the useful life of the project, then the total benefit of the project ruiated to Ioss of business income is S;87,500. Disaster Damaces Disaster damage costs arc divided into two care-cries. One is'or damages to proper^:tat isn't protect:d in a flood fn;hting effort,but would be:protected br a flovdwail. Tne-other is for the cost of erecting-Ihe te-nuorary sandbag walls. The damage to proper. v in the 1995 flood was d"umcnted in darnazc survey rcpurts to be 563.000- vineiv percent of that damage would be prevented b�-the iloodwall winch equais S56.700. The cost for ere=zr2 the sar,dbaz wall is for the sandbags, leant 5:'7,700 a z to•dba and at u labor for ��ai of S.50,00o. Thererore the totaldsaster dania�,ca per occurrent--are Si06,700 per occu.,enee. If these are l'.5 oc:cur;eaces the useful life of the project. then the total benefit of the project related to this 1te L is If we adopt the Corps of Engineers pulicv of aot considering flood ' ghrrie in their estimate for-food damage, then the disaster dama�,c:mount would be much higher and on the order of S-'.5 28.000 annuat?y-. (see Corps 1993 Reconnaissance Ramon). S KAGIT COUNTY PUBLIC WORKS -DEPARTMENT I I I I Cleveland Avenue. Mount Vernon. WA 98273-4215 (360) 336-9400 FAX (360) 336-9478 May 29. 1996 Mr. Martin Best State Hazard Mitigation Officer Hazard Mitigation Grant Program Administration State of Washington Military. Department Emergency Management P.O. Box 40955 v Olympia. WA 98504-0955 Re: Flood Control assistance Account Program Mount Vernon Flood Wall Project Dear 'v r. Best: I am writing to express my support for the proposed flood wall project with Dike District No. for the downtown revetment area of Mount Vernon . As the Skagit County Surface Water Management Division Manager. I am responsible for coordinating flood control and flood fighting activities within Skagit Counrv. Rural dikes in the tower Skagit River delta area have been constructed to provide protection for the 25 year event. Urban dikes. except for those in the vicinity of downtown Mount Vernon. have been constructed to provide 50 year protection. The dikes providing protection for downtown Mount Vernon have only been constructed to provide 10 year protection. This obviously creates an extreme flood hvhtinv situation. It has been necessary during all flood events to construct a sandbag line along the east bank of the Skagit River in the vicinity of downtown Mount Vernon. This was necessary in 1975. 1979. 1985. 1990. and 1995. In the recent 1995 event. the City calculates that berveen 100.000-120.000 bags were used in this effort. Because of the rapid response of the Skagit River to hvdrolo`Tical events. a fain- limited amount of time is available to perform this feat. Generally less than 24 hours of notice is available between the time the baunnnu starts and the time the water is on the bag line. The County and Citv have had to rely on volunteer labor to perform this activity. To date. we have been very lucky. However. it does not make sense to continue to spend S50.000 per event in sandbag costs while bearing_ this risk. The Corps of Engineers recently completed a reconnaissance study %vhich anal%zes Hood damaL_e costs for the lower Ska_it River area. The Corps of Engineers estimated that the l;omntitted to Community �ervicc in 1'r:insportatiun. Surface water \lan:iLlc file"t and Solid 11a-ste Mr. Martin Best Hazard Mitigation Grant Program Administration May 29, 1996 Page Two east bank area suffered an annual average damage of $4,528,000 per year. While the project proposal does not provide a flood wall for the entire area, it provides an increase in protection in the area which is most difficult to flood fight. It will still be necessary to flood fight with sandbags along several thousand feet of road on the top of the dike. However, the flood wall will replace the sections requiring the most bags. I cannot think of a more worthwhile flood control project in the City of Mount Vernon. Very truly yours, Dave Brookings Surface Water Division ManaEer DB/JCW/dw City of ou nt Engineering Department Post Office Box 809 ernon. Washington 98273 Telephone 336-6204 1024 Cleveland Avenue Fax: 360-336-6299 May 28, 1996 Mr. Martin Best State Hazard Mitigation Officer Hazard itititigation Grant Program Administration State of Washington Military Department Emergency Management P.O. Box 40955 Olympia, WA 98504-0955 Re: Flood Control Assistance Account Program Mount Vernon Flood Wall Project Dear Mr. Best: I am writing to express the City's support for the proposed Mount Vernon flood wall project. This project lies within the jurisdiction of the City of Mount Vernon. and the City will be an zqual partner with Skagit County Dike District No. 3 in paving for the local share on this project. The area in question is currently only protected against a 10 year flood event. Massive flood fighting activities over a ve-v short period of time are necessary during events of greater magnitude. In 1995. over 100.000 bads were used to flood fight in the downtown Mount Vernon area. While the flood wall project will not replace all sandbagging and flood fighting efforts. it will gready diminish the number of bans and manhours necessary to accomplish the task. It will not take very many years For this project to pay for itself in saved flood fighting costs alone. The flood wall will protect the portions of the riverbank where the head is highest on the sandbag line. There will be much less chance of failure of the flood wall than in the hastily constructed sandbar wall. In 1990. the river level rose to within 6 inches of the top of the emergency sandbag levee. %Vith over 6.000 linear feet of ba<__=s in this section. it would have been impossible to have controlled a breach if the river had risen an additional 6 inches. The City of Mount Vernon is in total support of this flood wall project and looks forward to participating with the Skagit County Dike District in its construction. Very tr tv vours. . t John C. W ise.nan. P.E. City En 7ineer JC W D E.d%N, • T'� �.„ DEPARTMENT OF THE ARMY CORPS OF r-NGINCCR� SEATTLE DISTRICT. t'.Q ' P O Bax 37ZZ 5EATTL.E. WASH INGTON 981 Z4-ZZ55 A TTLNTVN••• Planning Branch i�ay 3�, ty96 Mr. John Wiseman. P.E. Mount Vernon City f ngincer P O Box 809 1024 Cleveland Avenue Mount Vernon, Washinr:tun 99273 Dear Mr. Wiseman: This letter replies to your request of May 24, 1996, asking whether the Corps of Engineers has a program under which a a scament of the crnergcncy flnodwall, which is constructed out of sandbags during almost annual (food Fights, could he constructed in anticipatiun of Cutur'e flooding at the downtown Mount Vernon parking revetment. Based on our May 23, 1996, telephone: conversation. I understand that, almost annually during the flee}d tights, a 4,(� fooc-lone emeracncy sandhae floodwall is constructed un the parking rcvetment to protect downtown 'Mount Vernon from Skagit floodwull segment you are considcring would nut River floods. The 1.6(0 !'()()[-long provide cornl?lete flond protection to Mount Vernon but WOUld only eliminate the need to construe: almost unnutiliv the portion of the emervency sandbag floodwall requiring the larzc�t expenditures of manpower and materials. The proposed project is neither a responsibility of the Corps of Engineers nor is it eligible for Federal funding through the Curbs of Engineers. If you have any further questions on this reply, please c:untact, I',tr. forest Brooks. at tclephunc (206) 764-3456. Sincerely, ven uStzr Chicf, Planning Branch City Of ou nt Engineering Department Post Office76ox09 e rno n Washington 98273 - Telephone 336-6204 1024 Cleveland Avenue Fax: 360-336-6299 PUBLIC WORKS :AND INFR.aSTRUCTURE C0Mh1ITTEE .'IEETING yIINIiTES MAY 22, 1996 In Attendance: City Council members: Chairman Don Bonles. Pat Parker. Joe Best. John Cheney, and Charles Cass. Also in attendance were Cit~r Engineer John Wiseman. Assistant City Engineer Fred Buckenmever. and Project Engineer Dan Eisses. Public Nfeetiny - Proposed Flood Wall Project Assistant City Engineer, Fred Buckenmever, discussed the flood wall project which involves constructing a permanent wall from the State Route 536 Bridge down to the vicinity of the Moose Hall. The wall would be built in such a way that additional helght could be added and the openings for businesses and access to the revetm err parking srrucrure closed off during tood events. Mr. Buckenmeyer ex;�Iained that *three aiternatives were being considered. The first was the project as described above. The second was raising the dike on Main Street. The third was to continue to flood fght using sandbags. �,[r. Buckermeyer stated that raising the dike on Main Street would eliminate pedestrianiyehacuiar access to aburtinr businesses. He brought up the fac: that in the !art food event. over 100.000 sandbars were needed in order to flood frht. Continued use of sandbags creates e=emely high average annual exrense. The public was invited to state their opinions regarding the proposed foodw•all project. The owners of several area businesses were present, and ail indicated that they were in support of the flood wail aitemative. A great deal of enthusiasm was expressed for this project. - Central Combined Sewer Oyertlow Regulator - Burlington Northern Prooern- Acauisition Project Engineer, Dan Eisses, discussed the fact that the City Engineering Department had anticipated purchasing properly east of the Burlington Nor:hern Railroad tracks berwe--n Gates and Broadway Streets. ALFCO (Alf Christianson Seed Company) had expressed a desire to purchase the same pare--! of property. The Enginee-ini7 Department at that time discontinued their efforts to purchase the proper- v.ith the condition Lhat ALFCO would grant an easement to the City for construction or the sever overnow re-Juiator. inordinate amount of time has elapsed and A_L.FCO has not purchased :he proper:`:•. Tine Engineering Department re',Llested a concLmsus tmrn the coli'mine-- for the continue ineir efforts to purchase the propem The comminee ircic•ated that the Department should proc--e:i .vith the purchase. DRAFT � K .j:� GI T RIVER , ����I�. S �► 1G - � J � T If I j (d l :V/lllO1.11:.11 St 0I11.11 X) �7 rn M� D n • 1 ! ► �< L Z (n Crn ►��� In Ir Hest Ral Jaata .aJ, `� O � p X) Oto LA O c it nr ........ .a.ra.a....)a tLaaaaaaaaa.aaaar ►w�� -Ti In / f ur TI -1 1 i ••.� (1 C) C) ,.........a Ji r — i z cn •.a► "dealCn ►. � �1.aa.r,�► � 1A 1.. u .tr m -1 0, In a w 1.1 ••� C• o to K x r, xo;u ?u i t a.;►�•• n . W �t lj 1 ri O N I 1'- I— (L f1 1 1 n T u Ii I1 �' I� In J�,n ' n (, t I- N I• rt .� 1 rt ty :T Io :T ►►, rN 17 In I-i :T 0 It G rt ,�•:�• *? i4 'i C� a :r In Ili K 11 r i. L •:�►� I7 Y I- a o 'K o to toI� to!, I— rt 0 G •7 C. O � a d I'. a in r, N < 7 h :7 c 7 7 a t tt7� 1 f In �, m %F W N FL rt :1 0K }(' ^' rn U+ . t7 r o ao N In 11 o ri r t't •• o �> ]1 o �► O I L \ C C tJ O o c: 1 o CTl z �•. G� In o 1� tti 1� to In-- In _ �i "• � :L f "1 O x. fj :1 l :7 11 1-• j�. I1 1�� � .,•�-_)t l• .• . � z, r- 1.. O T tl( It It 11 (1. O a N 1• N 13 (L (L Y `G In 0 UI t 1 J 1• :1 (1 N lu system . if this failure occurred outside of Burlington or in the Big Bend area or another more densely populated area it is very reasonable that damages could have been three to four times as large as they were during the 1990 flood events . d. See-n:ence of Events . During Ncvem:--er 1990 , the Skagit basin experienced two significant flood events , the first estimated at a 25 year event and the second estimated at a 35 year event. The F__ _-land levee failure occurred during the first flood event and cr4cr to the flood crest and levee overtopping. Basin-wide, the majcrlty of the damages cc:urred a= t.:5 t;^e . ? t the begl n_:�g of t-e second flood, not long of er flood stage was reached, the =e-porary levee re-a" (built on!,; to f'_ced stage) was breached and T, 4 s :allure reduced pressure on . __ Island was again inundate,- . _. -e entire system, and =;cod stages during the second larger evert were the same or lower that: du_ _nc the =first smaller event. ns damages for the 35 year event er erienced November 2 -26 , 1990 are not ccmcarable tc erected annual damaces for this flood �re�:ency . �7ecd =ich`;-c. Flecd fighting also played a significant e . - sole in reducing damages during the November 1990 events , escecially in the city of Mount Vernon and West Mount Vernon, where flood fight bergs and sandbags held back up to four feet of water. _ .:as assu=ed that throughout the basin, flood fighting is not a 46 reliable means of flood protection. During the feasibility study this may be a good candidate to perform a risk analysis on. Historically flood fighting has been successful most of the time, however, the potential loss of life when relying on sandbag berms in these highly populated areas may outweigh the usefulness of a risk and uncertainty analysis . TABLE 5 DINING DISTRICT 1992 ASSESSED VALUE Corresponding Dike District'6 Economic Sub-Area7 Assessed Value Dike District T1 (3 ) Right Bank D/S Rural $100 , 468 , 300 (4 ) West Mount Vernon Dike District T3 (6) Main Mount Vernon $160 , 621, 325 (7) Left Bank D/S Rural Dike District ict `12 ( _) picht Bank L:/S pi-liver � (2 ) Right Bank D/S Pulver Dike District 417 (I) Nc=t',l Mount Vernon 5=21, 6.7 , 530 D_ke District =22 (a ) -= =slant $ 3_ , 649 , 700 Dike District =20 ( 10 ) Ncckaca.:,cs S 2 , 172 , 600 Total Assessed Value $935 , 103 , Oo"9 6 Diking District =9 assessed value unavailable. ' This is meant to be a general or rough comparison. �o 'I A It 1.1. 6 SKACIT BA5111 L\1't.t. 11:1) DAIIACL'S 10It VARI I LUo1) 1,vLIII l CI AIII) t:011111 't I MI Lt:uUo1111. I:XI'I:C'I'I:II DAIIACI-:S ( III i ► 0001 IIII- ARk:A 25 YEAIt 50 YI:Alt 100 YEAII ► ItIi,ltf IIAIIK II/S PULVI:11 IIOAD Sll 515 , 7on iI1 , 00 ) 3 ► Oo loo 2 . It It;11T ItA11K 1)/S 11111.vFIt IIOAI) S2 , 1oo 514 , 11111 526 , 200 133 , goo I . ItIt:ll'I ItA11K 1)/ S 11IIItA1. 31 oo 512 , 61)ll 521 (,00 329 , 1,00 t, ttt:sT HT. VERHOH St1 , t)Ito 511, , 6u0 S2t 200 318 , 5un is It. ut.ltlt ( it . It'l vEFtit()it H/ {11 loo S21) , So0 iJ7 /,00 i1, 6 71)0 6 . HA III 11T. VEIIIIOII 545 , 4n0 i51, , toll 566 , 50o 370 , Bon AD ] LEFT BAllk: D/S HT . VERNON 51 2 , 400 514 900 317 , 8(10 i21, lit)1) 8 . I' I It I SLAItl) 4)� S 14 , S00 i l 6 , Not) i I It Boo i 2 '1 200 1 , Inn I�C C tI C TABLE 7 EXISTING CONDITION BY ECONOMIC SUB-APrA AVERAGE ANNUAL DAMAGES (OCTOBER 1993 PRICES AND CONDITIONS) EXistina Economic Sub-Area Average Annual Damages 1. Right Bank U/S Pulver Road $1, 066 , 000 (including Burlington) 2 . Right Bank D/S Pulver Road $ 636 , 000 3 . Right Bank D/S Rural $ 539 , 000 4 . West Mount Vernon $ 707 , 000 5 . Bic Bend (Ncrtt Mount Vernon) $7-, 050 , 000 6 . Main Mount Vernon $3 , 525 , 000 7 . Left Bank D/S Mount Vernon $1, 003 , 000 Island $ 012 , 000 9 . Samish Overflew $ 197 , 000 10 . Ot ier Areas S 342 , 000 Nockactamcs , C-ear _,.ake, Sedro `"fccll eV Total J r the twenty year discharge are estimated to be $1, 070 , 000 . Expected annual damages assuming the levee does not fail until a twenty-five year event are $1, 027 , 000 . :0r simplicity, during the reconnaissance study phase, a simple average of the damages under each failure assumption was taken to establish existing condition average annual damages . This appears to be a reasonable approach considering the difference between the two damage figures is only $43 , 000 . The average annual damages for the sub-area which will be used in the benefit evaluation are as follows . Residential Structures $127 , 000 Residential Contents 56 , 000 Commercial/_ndustrial 3003 , 000 Public 111, 000 Emergency Aid 321, 000 Agriculture 41, 000 Other ' i , 000 Total $1, 050 , 000 ( 6) Main Mount Vernon. A portion of the city of Mount Vernon ( 1992 population. cf 19 , 550) including the downtown area is located in this sub-area . The sub-area continues south along the -5 corridor or, the left bank cf t:,e Skagit until the split between. the North and Scuth Fork. This is the most highly developed area within the study area . The area is a part of Diking District T3 . Flooding begins south of the West Mount Vernon bridge, when a �6 parking revetment is overtopped. This occurs at approximately a ten year event, or a discharge of 117 , 000 cfs . The PNP and PFP occur at the same elevation because the city will flood when water comes over the existing revetment. Average annual damages under existing conditions are over $3 . 5 million, and are broken dcwr.s as follows . Residential Structures 238 , 000 Residential Contents 582 , 000 Commercial/Industrial 998 , 000 Public 99 , 000 Emergency Aid 550 , 000 Agriculture 6 , 000 Other 52 • 000 Total $3 , 525 , 000 (7) L-eft Bank Downstream Mount Vernon . This sub-area , a sc a part Cf D_k ng District j3 , beq.ins scl:tt? of Mount Vernon and continues along the ;-5 corridor through Conwav and on to Skagit eay . The reach is bordered on the west by the South Fork of the Skac '_t and or, the east by high ground. Flooding in this area begins when the revetment in Mcunt Vernon is overtopped, which occurs at 117 , 000 cfs or just ever a ten year event. Because of this , the FNP and PFP are identical . Land use in this area is a c_:ct..re of agricultural and .:ra'_/suburbdn develeoment . The srall 57 town of Conway is also located in this subarea . Expected annual damages are broken down by ca`.egcry below. Residential Structures $212 , 000 Residential Contents 144 , 000 Commercial/Industrial 141, 000 Public 198 , 000 Emergency Aid 46 , 000 Agricultural 238 , 000 Other 24 , 000 Tc-a 1 $1, 003 , 000 ^i r 7cl and rn,-_c 5 -area cc-responds to Dik;r.0 Str=Ct =22 . The area -s bOr_er=C n _ae east "`: the Sohn Fork, c^ the north by the Ncrt:. :or°t of t_`_e S.<ac t Fiver, and on the _ ^west oy Skagit Eay. Dur_nc the ' cve—r-er :5c0 flood events a u levee break alcnc the Ncrt fork _nurdac.ed the entire area «_ dect s up to eicht fee_ and caused cve_ --S million =.. .:at _e- - `maces . The :ro'cahle ncn-fail-_e was determined to be a _5 . 7 vear event at a dischar=e c- cfs . The probable 'a;lure Dclnt was deter.:i—ed t: �.e a 4us-z. cver a twent'v-five vear eveno at a disc::arce c= 140 , 000 cfs . Assum-nc the levee failure a-- a 1-5 . 7 vear even-- averace annual damages are estimated c_ to $37- 000 . If the levee fa_'_ unt,l over a twenty- , , , Ices yea event annual damages are estimated tc be $749 , 000 . For _ 1 - an arithmetic averace cz : : t; e' c values was used to ?rocram (NFIP) and as such is sub-ject to NFI? requirements for new development in the flood plain • These requirements include elevating new houses and flocdprcefing cr elevating ether new buildings to, or above, the 100-year flood level . The Skagit Valley diking districts and Skagit County have a coal of improving their levees to a unifo= 5z0-year fIcod frequency level of protection. However, 'funding difficulties have thwarted this coal . The districts will ccntinue to maintain and repair exis zinc levees . Skagit Ccu'nty has aske= t e Ccr=s to deve'_cc and �==cve their :iccd warning syst 'em cr the ' -=a _.^. under Sect_cn _OS c= the 1940 lccd Control Act. Hi-her Cc-s aut hcr_-v ap_ -oval fc_ ccnductinc an initial apera-sal c- this pr pcsal and asscciated funding is =ending. Mount Vernon will continue to search for funding sources to i ;prove levees alcng the downtown revetment area . This area currently cvertops above a 10-year frequency flood event and requires extensive sandbaccinc -cr larger events . b . iimcac-s c' t~Z ( ) sh F-I cods car--v eXte.^.s_ve bed _cads which can ccver cr dest_cv s^'awninc teds . S__t _cads can s'cz. e= . :e 6- STATg 0 O� y a � d — $ O ��y'C 1889�Y02 STATE OF WASHINGTON MILITARY DEPARTMENT EMERGENCY MANAGEMENT DIVISION PO Box 40955 Olympia, WA 98504-0955 Phone: (360) 459-9191 • FAX: (360) 923-4591 May 6, 1997 10 AA o� Mr. Ronald J. Straka `� O� R�NpeP�` City of Renton �A� e,1. 200 Mill Avenue South 1\ .0e Renton, Washington 98055 Dear Mr. Straka Thank you for the recent Letter of Intent to participate in the Hazard Mitigation Grant Program (HMGP) for the Holiday storms of Dec. `96/Jan. `97 (FEMA-1159-DR-WA). Enclosed are the HMGP application and "Applicant Handbook and Guidelines" which should answer most of your questions. Please review the materials carefully, and I strongly urge you to begin development of your grant application(s) as soon as possible as the application has been greatly revised since last year. During past application cycles, various applicants, for one reason or another, have been unsuccessful because they waited to develop the application until shortly before the deadline. We will soon be scheduling applicant workshops throughout the state to further assist in the development of your application. It would be beneficial both to your jurisdiction and to our program if those completing the application would plan to attend the workshop. We received 201 Letters of Intent for FEMA-1159 which identify a total of over $91 million in project needs within thirty counties. We do not yet know how much in Federal, State and local funds will be available. A very rough estimate may be about $15 million available for the Hazard Mitigation Grant Program. With the many Letters of Intent submitted, and the limited funds available, we have limited the allowable number of applications to three per jurisdiction, with a combined total of not more than $1,500,000 ($1,125,000 Federal; $187,500 State; $187,500 local). The local share may be higher to cover additional project costs. Projects submitted should represent your highest priorities regardless of department. It is to your benefit to begin some of the programmatic processes immediately, such as public meetings. Please plan at least one, preferably two, public meetings to allow public input of your proposed action alternative. These, of course, can be in concert with government administrative meetings such as your weekly Commissioners meetings or town council meetings. The HMGP application is due by FRIDAY, SEPTEMBER 12, 1997. Applications postmarked after this date will not be considered. To assist you in the prioritization of your projects, the following information should be reviewed carefully. These represent the areas of eligibility criteria that we have experienced problems with during the last few application cycles. May 6, 1997 Page 2 • Projects that are the responsibility of, and eligible for funding from, other federal agencies (Federal Highways, U.S. Army Corps of Engineers, Public Assistance under Sec. 406 of the Disaster Relief Act, etc.) are INELIGIBLE for HMGP funds. HMGP funds cannot be used as a substitute or replacement to fund projects or programs that are available under other federal authorities. (This would include new levees, on-system roads, etc.) • Repair and restoration projects are INELIGIBLE for HMGP funds. These projects should be covered under other federal authorities and disaster assistance funding. • Projects that merely identify or analyze hazards or problems (such as studies, plans, and mapping) are INELIGIBLE. • Projects submitted from jurisdictions that ARE NOT participating and in good standing with the National Flood Insurance Program (NFIP) are INELIGIBLE for HMGP funds. • Projects that are part of a larger project could be INELIGIBLE. There must be an assurance from the community that the whole project will be completed as documented by sufficient funding and the HMGP portion of the overall must be clearly defined. • Projects that do not have documented public involvement in the development and selection of the proposed action alternative will be INELIGIBLE. • Projects that have resulted because of deferred maintenance to the project site/structure may be INELIGIBLE. • HMGP funds cannot be used to purchase software systems, or hardware or equipment that does not provide a direct benefit, or provides only a temporary solution to a long-term problem, and/or is not environmentally sound. Additionally, Emergency Management Division will be reviewing applications to ensure that no more than four projects are open at any one time for each jurisdiction. While this should not limit your intent to apply for DR-1159, you should keep this in mind and take action to close any older projects that could preclude your jurisdiction from receiving new grant funding. Please call me at 360/923-4585 if you have any questions. Either Jonathan Perry or Lois Lopez, my program assistants, will be contacting you in the next month to coordinate a workshop. Sincerely, 2ain . Best State Hazard Mitigation Officer Enclosures WASHINGTON STATE � TA7E. MILITARY DEPARTMENT x EMERGENCY MANAGEMENT DIVISION Post Office Box 40955 Olympia, Washington 98504-0955 HAZARD MITIGATION GRANT PROGRAM GRANT APPLICATION CHECKLIST FEMA-1159-DR-WA (WINTER STORMS 1996) The following checklist is designed to help the applicant ensure ALL portions of the application are completed. Applicants must complete each section listed below to be considered for Hazard Mitigation Grant Program (HMGP) funding. HMGP will not evaluate incomplete applications. If narrative questions are answered on separate sheets, the applicant must label these with the appropriate section and question number. Any questions may be directed to the State Hazard Mitigation Officer at(360) 923-4585. 1. Applicant Data............................................................................................. 2. Applicant's Agent Information...................................................................... 3. Project Description/Site Location Maps....................................................... (include sections of local plans as needed) 4. Damage Survey Report (DSR).................................................................... 5. Selection of Best Alternative....................................................................... 6. State and Federal Eligibility......................................................................... 7. Project Budget and Funding Sources ......................................................... 8. Project Cost-Effectiveness.......................................................................... 9. Estimated Schedule for Project Completion................................................ 10. Environmental Data..................................................................................... 11. Certifications and Assurances..................................................................... 12. Resolution Designating the Applicant's Agent................................................ DATED MATERIALM This application MUST be postmarked by September 12, 1997 to be considered eligible for possible funding. 1159 DR-WA Winter Storms 1996 Hazard Mitigation Grant Program Application May 1997 WASHINGTON STATE MILITARY DEPARTMENT ws �2 EMERGENCY MANAGEMENT DIVISION POST OFFICE BOX 40955 Olympia, Washington 98504-0955 HAZARD MITIGATION GRANT PROGRAM GRANT APPLICATION FEMA-1159-DR-WA (WINTER STORMS 1996) SECTION 1. APPLICANT DATA. Applicant Name: Project Title: Federal Tax ID #: Basis of Applicant Eligibility: State Government Local Government Special Purpose District Indian Tribe Registered Private Nonprofit With Like Government Services * If the applicant is an eligible private nonprofit corporation with like-government services, please attach PROOF OF PRIVATE NONPROFIT INCORPORATION AND TAX-EXEMPT STATUS SECTION 2. APPLICANT'S AGENT INFORMATION. The Applicant's Agent is the designated contact whom the applicant has authorized to apply for and receive grant funding. For clear and direct communication, agencies may want to make this the same person who will have project management responsibility if grant funding is awarded. To provide continuity and ease of grant administration, the Washington State Military Department, Emergency Management Division would like to work with a single point of contact throughout the application, award, and reimbursement processes. A formal designation of an Applicant's Agent may be made using the enclosed form, or by any method normally used by your jurisdiction. Please Type Applicant Agent's Name: Title: Telephone: Address: County: 11 59-DR-WA Winter Storms 1996 j Hazard Mitigation Grant Program Application MAY 1997 SECTION 3 PROJECT (PROPOSED ACTION ALTERNATIVE) DESCRIPTION / SITE LOCATION MAPS. A. Project Title: B. Project Location: (Legal description [Section/Township/Range] -please attach a site map) C. Please provide the Federal Congressional District and the State Legislative District in which the project is physically located: Federal State D. Project Goal and Description: SECTION 4. Damage Survey Reports. Is this site covered under, or connected to, a Damage Survey Report (DSR) under the Repair and Restoration Program of PL 93-288, as amended? No Yes DSR number If Yes, describe why this mitigation measure was not included as part of the DSR. 1159-DR-WA Winter Storms 1996 2 Hazard Mitigation Grant Program Application MAY 1997 NOTE: The following narrative sections are the scored portions of the application Please make your NARRATIVE answers as concise, but as complete as possible Yes/No answers will be • considered as "Unanswered" questions While not every question will apply to each application applications that fail to answer most questions may not receive a score high enough to receive funding. Program Clarification ► The Federal Emergency Management Agency will no longer fund projects that are the primary responsibility of other Federal Agencies such as the U. S. Army Corps of Engineer (USAGE), the Natural Resources Conservation Service (NRCS) or the Federal Highway Administration (FHwA), etc.. This includes levees and dikes. ► Projects that have been implemented or completed prior to funding approval by the Federal Emergency Management Agency will be ineligible. UNANSWERED QUESTIONS WILL NOT BE SCORED! SECTION 5. SELECTION OF THE BEST PROJECT ALTERNATIVE A. The Hazard Mitigation Grant Program (HMGP) requires a narrative discussion, of at least THREE (3) alternatives (from no action to the most elaborate practical solution) and their impacts (beneficial and detrimental). SEE Alternative Review Forms on pages 5, 7 & 9. In the space below, describe how this project was selected over the other possible alternatives and why it represents the best solution to the problem. Use additional sheets if necessary. 1 159-DR-WA Winter Storms 1996 3 Hazard Mitigation Grant Program Application MAY 1997 STATE a� HAZARD ZA RD MITIGATION GRANT PROGRAM ALTERNATIVE REVIEW FORM N � 2 Part A 1889 PROPOSED ACTION ALTERNATIVE 1. Description of Alternative: (Please include any appropriate diagrams,sketch maps,discussion on all components and actions,amount of materials and equipment,dimensions of project,and amount of time required to complete): 2. Total Costs of this Alternative: $ 3. Total Benefits of this Alternative: $ 4. Description of affected environment: 1 159-DR-WA Winter Storms 1996 4 Hazard Mitigation Grant Program Application MAY 1997 Section 5: Alternative A . . . continued 5. Briefly describe any positive environmental impacts of the project. (Use a separate sheet if needed) 6. Check any potential adverse impacts that apply. Wetlands _ Water Quality _ Toxic or Hazardous Substances Floodplain s Health & Safety _ Potential for Cumulative Impacts Rare & Endangered _ Fisheries — Critical Areas (coastal zones, wildlife Species refuge, wilderness, wild & scenic rivers, Public Controversy drinking water aquifers.) _ Historic Resources Is this project using unproven technology? 7. Is there potential for degradation of already Yes No - poor environmental conditions? 8. Is there potential to violate any Federal, State, local, or tribal Yes No law or code to protect the environment? 9. Briefly describe any of the areas noted in questions 6, 7, or 8. (Please provide any documentation.) 1159-DR-WA Winter Storms 1996 5 Hazard Mitigation Grant Program Application MAY 1997 HAZARD MITIGATION GRANT PROGRAM ALTERNATIVE REVIEW FORM °2 Part B �y'�IBB9 a�Y SECOND ALTERNATIVE 1. Description of Alternative: (Please include any appropriate diagrams,sketch maps,discussion on all components and actions,amount of materials and equipment,dimensions of project,and amount of time required to complete): 2. Total Costs of this Alternative: $ 3. Total Benefits of this Alternative: $ 4. Description of affected environment: (if different from the proposed alternative.) 1159-DR-WA Winter Storms 1996 Hazard Mitigation Grant Program Application MAY 1997 Section 5. Alternative B. . . continued 5. Briefly describe any positive environmental impacts of the project. (Use a separate sheet if needed) 6. Check any potential adverse impacts that apply. Wetlands _ Water Quality _ Toxic or Hazardous Substances Floodplain _ Health & Safety _ Potential for Cumulative Impacts Rare & Endangered — Fisheries _ Critical Areas (coastal zones, wildlife Species refuge, wilderness, wild & scenic rivers, Public Controversy drinking water aquifers.) _ Historic Resources Is this project using unproven technology? 7. Is there potential for degradation of already Yes No poor environmental conditions? 8. Is there potential to violate any Federal, State, local, or tribal Yes No law or code to protect the environment? 9. Briefly describe any of the areas noted in questions 6, 7, or 8. (Please provide any documentation.) 1159-DR-WA Winter Storms 1996 Hazard Mitigation Grant Program Application MAY 1997 HAZARD MITIGATION GRANT PROGRAM STATE.O� ALTERNATIVE REVIEW FORM Part C �y'�1889�pY NO ACTION ALTERNATIVE 1. Description of Alternative: (Please include any appropriate diagrams,sketch maps,discussion on all components and actions,amount of materials and equipment,dimensions of project,and amount of time required to complete): 2. Total Costs of this Alternative: $ 3. Total Benefits of this Alternative: $ 4. Description of affected environment:(if different from the proposed alternative.) 1159-DR-WA Winter Storms 1996 $ Hazard Mitigation Grant Program Application MAY 1997 Section 5: Alternative C. . . continued 5. Briefly describe any positive environmental impacts of the project. (Use a separate sheet if needed) 6. Check any potential adverse impacts that apply. Wetlands _ Water Quality _ Toxic or Hazardous Substances Floodplain _ Health & Safety _ Potential for Cumulative Impacts Rare & Endangered _ Fisheries _ Critical Areas (coastal zones, wildlife Species refuge, wilderness, wild & scenic rivers, Public Controversy drinking water aquifers.) _ Historic Resources Is this project using unproven technology? 7. Is there potential for degradation of already Yes No poor environmental conditions? 8. Is there potential to violate any Federal, State, local, or tribal Yes No law or code to protect the environment? 9. Briefly describe any of the areas noted in questions 6, 7, or 8. (Please provide any documentation.) 1159-DR-WA Winter Storms 1996 9 Hazard Mitigation Grant Program Application MAY 1997 Section 5.....continued D. ELIGIBILITY REVIEW FOR THE PROPOSED ACTION ALTERNATIVE: 1. Acquisition and Relocation Projects only: For Projects that involve the acquisition and/or relocation of homes and structures from the floodplain, the following information is required as part of the environmental analysis and project eligibility review. Additionally, all homes and structures must be removed/relocated within 90 days of closing by the applicant if the grant is approved. If a home(s) is located outside the identified 100 year flood plain, then provide documentation of repetitive damages to the structure, or show the migration of the river, for FEMA to determine the vulnerability of the structure. a. Number of homes to be acquired/demolished Please include a photo of each home being considered for acquisition. b. Number of homes to be relocated (Homes must be relocated outside the 100 year floodplain) C. Number of homes that have renters d. Amount of Relocation Assistance Required $ (see relocation assistance worksheet in Applicant Handbook:Appendix 9) e. Determination of Duplication of Benefits (DOB). Have any of Yes No the property owners/renters received disaster benefits from the National Flood Insurance Program or other FEMA disaster programs? Note: Federal funds cannot be used as a match for this program. If individuals have received any other benefits, the amount received will be deducted from the final appraised value of the home if no repairs have been made. If repairs have been made, home owner must provide copies of receipts. f. Determining Fair Market Values of Property (1) Please provide a list of the names and addresses of potential buyout/relocation participants. Addresses should reflect the property to be acquired not mailing addresses. (2) Include a property specific list of preliminary Fair Market Values (FMV) and/or Relocation costs. (3) Describe how initial property values were determined. g. Please include a platt map indicating locations of homes to be acquired/relocated. 1159-DR-WA Winter Storms 1996 10 Hazard Mitigation Grant Program Application MAY 1997 Section 5 . . . continued 2. Review for All Types of Projects a. HISTORIC & ARCHAEOLOGICAL RESOURCES (Public Law 96-515, Sect 106) (1) Are there any archaeologically significant resources on the site? Yes No (2) Are there any known or potential historic (over 50 years old) structures in the project area which would be impacted by the project? Yes No *(Please include pictures of any structure over 50 years old.) (3) For any archaeologically or historically significant structure, provide the date/age of the building and whether it has been remodeled or added onto. Also provide any other historical knowledge of the site. b. Are there concentrations of minority or low income populations in or near the project area? (Executive Order 12898) Yes No (1) Would they be adversely impacted by this project? Yes No c. FLOOD PLAIN MANAGEMENT & WETLAND PROTECTION (1) Is the project located in or does it impact a flood plain? Yes No (2) Is the project located in or does it impact a wetland? Yes No (3) Using the 8 step Process found at the end of the Yes No application (page 27), please indicate compliance with Executive Orders 11988 (Flood Plain Management) and 11990 (Wetland Protection) (4) Describe any outstanding issues, of compliance with Executive Orders 11988 and 11990. d. Are there any toxic or hazardous substances in the project area? Yes No (Including underground storage tanks, above ground storage tanks, septic systems or other potential contaminants). A waiver of liability form will be required for contamination from such tanks prior to closing. e. Please include a platt map indicating location(s) of project area. 1159-DR-WA Winter Storms 1996 11 Hazard Mitigation Grant Program Application MAY 1997 E. NOTIFICATION and PUBLIC INVOLVEMENT 1. The National Environmental Policy Act (NEPA) requires public notification and involvement in the development of alternatives and selection of the proposed action alternative. Describe and provide documentation (notices, meeting minutes, etc.) of the recent public involvement(within the past 12 months) in the alternative development and selection process, especially those individuals that this project may impact. Projects that do not have this documentation before submittal of the application will be INELIGIBLE. 2. Please provide documentation of any communications your agency has had with other federal, state, local, or tribal agencies regarding the alternatives planning or impacts of this alternative. Please provide the agency, contact person, phone number, and any other documentation. (Attach a separate sheet if needed). Jurisdictions that fail to communicate with other potentially impacted jurisdictions (i.e. tribes, counties or cities) will be INELIGIBLE. F. AFFECT OF NON-SELECTION If a Hazard Mitigation grant is not provided, or delayed, what impact will this have on the timing of your project? What is the affect on your ability to use alternate funds committed to this project? 1 159-DR-WA Winter Storms 1996 12 Hazard Mitigation Grant Program Application MAY 1997 SECTION 6 STATE AND FEDERAL ELIGIBILITY. ■ FEDERAL CRITERIA - FEDERAL GOALS AND OBJECTIVES • Federal regulations governing the Hazard Mitigation Grant Program (44 CFR Part 206 Subpart N Section 206.434 and 206.435) establish the minimum criteria that proposed projects must meet to be eligible for grant funding. ■ STATE CRITERIA - STATE GOALS AND OBJECTIVES The State of Washington has established the following damage reduction goals: • Save lives and reduce public exposure to risk • Reduce or prevent damage to public and private property • Reduce adverse environmental or natural resource impacts • Reduce the financial impact on public agencies and society The questions in this section relate to specific objectives that the state and federal government wish to accomplish through the Hazard Mitigation Grant Program. To determine whether your proposal meets the minimum state and federal criteria, the state must have a clear and detailed written response to each item below. Answer the following questions FULLY (on separate sheets if needed) to show that this project meets minimum federal (f) and state (s) eligibility criteria. The state cannot consider projects that do not meet the applicable criteria. A. APPLICANT'S NARRATIVE RESPONSE 1. Describe how this project will protect lives and reduce public risk. (s)(f) 2. Describe how this project will reduce the level of hazard damage vulnerability in existing structures and developed property. (s)(f) 3. Describe how this project will reduce the number of vulnerable structures through acquisition or relocation. Describe your jurisdiction's plans for the acquired property (open space, etc.) (s) 4. Describe how this project will avoid inappropriate future development in areas that are vulnerable to the hazard damage. (s) 1159-DR-WA Winter Storms 1996 13 Hazard Mitigation Grant Program Application MAY 1997 Section 6. . . continued 5. Describe how the project will solve a problem independently, or functions as a beneficial part of an overall solution. (f) (If part of a larger project. Assurance must be provided with the application that the overall project will be completed.) 6. Describe how this project will provide a cooperative, inter-jurisdictional/inter-agency solution to the problem. (s) 7. Demonstrate that this project will provide a long-term mitigation solution (not a short-term fix) in locations that experience repetitive hazard damage. (s)(f) 8. Show how this project will address emerging hazard damage issues (such as the damage caused by storm water runoff at build-out densities, trees in right-of-ways, etc.). (s)(f) 9. Describe how this project will restore or protect natural resource, recreational, open space, or other environmental values. (s) 1159-DR-WA Winter Storms 1996 14 Hazard Mitigation Grant Program Application MAY 1997 Section 6 . . . continued 10. Show your jurisdiction's development and carrying out of comprehensive programs, standards, and regulations that reduce future hazard damage. (s) 11. Describe how your jurisdiction is increasing public awareness of hazards, preventive measures, and emergency responses to DISASTERS. (s) 12. Describe how the project, upon completion, will have affordable operation and maintenance costs that the applicant jurisdiction is committed to support. (f) 13. Does your jurisdiction have a local hazard reduction plan? If you have a plan, is this project identified in it? 14. Describe how the proposed project improves your jurisdiction's ability to protect its critical areas according to the Growth Management Act? (s) 1159-DR-WA Winter Storms 1996 15 Hazard Mitigation Grant Program Application MAY 1997 The following information applies to the proposed action alternative only. SECTION 7. PROJECT BUDGET AND FUNDING SOURCES. A. Estimated Total Project Costs: Preliminary Engineering Report $ Design Engineering (P.S.E) $ Land / R-O-W Acquisition (Itemize each home involved in acquisition, relocation or elevations) $ appraisal costs $ demolition costs $ closing costs $ relocation assistance $ legal costs $ Relocation Costs $ Sales or Use Tax $ Inspection/Construction $ Construction $ Other: (specify) $ ----------------- ----------------- TOTAL PROJECT COSTS: $ NOTE: Costs associated with administering this grant will be funded separately from project costs and will be reimbursed as a percentage of the eligible costs as established in PL 93-288 as amended by PL 100- 707, and according to Section 206.439.44 CFR. Reimbursements for direct costs are as follows: • For the first$100,000 of net eligible costs, 3 percent of approved costs. • For the next$900,000 of net eligible costs, 2 percent of approved costs. • For the next$4,000,000 of net eligible costs, 1 percent of approved costs. • For an applicant whose net eligible costs equal$5,000,000 or more, 'h percent of approved costs. B. Non-Applicant (Outside Sources) Project Funds 1. Identify other funding you have applied for and the status of that application or award (verified in writing whenever possible). If you have not applied for other funding sources, please explain why. 11 59-DR-WA Winter Storms 1996 16 Hazard Mitigation Grant Program Application MAY 1997 Section 7. . . continued 2. Please identify any funds, other than Hazard Mitigation Grant funds, committed to the project. We realize that applicants often fund projects in phases and that a Hazard Mitigation Grant may fund just one phase or aspect of the project. Also, applicants often package funds from other grant or loan programs to provide complete funding of the entire project. Sources of Funds Amount Local Match Federal from: State from: Other from: TOTAL Non-Applicant Funds If applicable, describe any constraints on the sources listed above. C. Applicant Funding Source(s) Please identify the source(s) of your share" for the HMGP amount of the project: General Funds $ Capital Reserves $ Federal, State, or Private Loans $ Rates $ Assessments (ULIDs, LIDS, RIDS) $ Special Levies $ Other (Specify) $ Total Applicant Funds $ Applicant Participation Funding Percentage (Divide the total applicant funds above by the total HMGP portion of the project) 111111111► Required Local Share is a minimum of 12.5% r► The local Share must come from a non-federal Source (with the exception of Community Development Block Grant funds). 1159-DR-WA Winter Storms 1996 17 Hazard Mitigation Grant Program Application MAY 1997 SECTION 8. PROJECT COST-EFFECTIVENESS. To fund Hazard Mitigation Grant projects, the federal government requires that the project's benefits, over the life of the project, exceed the project's costs. Life of the project, or life-cycle, costs include the construction, operation, and maintenance costs that will occur over the life of the project. Examples of benefits that will occur over the life of the project include the cumulative costs of the damage to protected property; future damages in area that the proposed action will mitigate over the life of the project; past actual damages; value of private and public property and resources protected; reduced maintenance costs; loss of revenue; estimates of income lost through road closures; etc. Failure to produce any numbered amounts will result in automatic disqualification. Please explain on a separate page if needed how you arrived at the benefits. A. Cost-to-Benefit Narrative Please discuss each of the following issues: 1. What is the project life in years? 2. Describe the life-cycle cost of the proposed project. [COSTS] 3. What is the value of the property that the proposed project will protect? 4. What are the specific documented damage amounts during the recent event that you can attribute to the lack of this project? 5. What are the specific documented damage amounts during past events that you can attribute to the lack of this project? (How often do they occur?) 6. What is the dollar amount (estimated) of damage and associated costs that you would prevent as a direct result of the proposed project over its useful life? [BENEFITS] 1159-DR-WA Winter Storms 1996 18 Hazard Mitigation Grant Program Application MAY 1997 Section 8. . . continued B. Cost-To-Benefit Data: BENEFIT/COST INPUT WORKSHEET The following basic information is needed to run a Benefit/Cost Analysis for HMGP (404) riparian and coastal flood projects. Fill the applicable items as not all items will apply to each project. (For those calculating their own Benefit/Cost, FEMA generally uses a 7% discount rate) Total Project Cost Annual Maintenance Costs: Project Life in Years: Past Disaster Costs: Effectiveness of Project Total Displacement Costs (i.e. 100% in a 100 year flood): ( e.g., rent, etc.): Repair Costs to Pre-disaster Condition Event Frequency: C. Frequency of damaging floods in the area protected by the project: Flood Frequency(years) Estimated Damages expected in this time period before Mitigation (change years to fit your situation) (per event) 10 50 100 500 SECTION 9. ESTIMATED SCHEDULE FOR PROJECT COMPLETION. It is our desire for projects to move quickly in all phases of the grant process. Those projects that cannot begin shortly after funding approval by FEMA may not be eligible. Estimate the month and year when the activities listed were, or will be, completed. (This is only an estimate. HMGP cannot predict the time table for FEMA to approve funding of projects.) Estimated Completion Date Grant Contract Signed July 15, 1998 Preliminary Engineering Report Required Permits Obtained Design Engineering Land R/W Acquisition Prepare Bid Documents Award Construction Contract Begin Construction Complete Construction Project in Use Total time from grant agreement signing until project completion 1 159-DR-WA Winter Storms 1996 19 Hazard Mitigation Grant Program Application MAY 1997 SECTION 10 ENVIRONMENTAL DATA CHECKLIST. Applicants are responsible for research and compliance with all applicable federal, state, and local regulations, codes, and standards and for securing the necessary permits and approvals. The State of Washington will require a CURRENT SEPA Checklist or Determination of Non-Significance for the grant project if the project is selected for FEMA funding recommendation. We will require a short turn around at that point, so it is to your advantage to begin the process now. Projects funded under the Hazard Mitigation Grant Program must comply with all appropriate environmental regulations. This includes compliance with the National Environmental Policy Act (NEPA PL 91-190, as amended), Executive Order 11988 (Floodplain Management), and Executive Order 11990 (Protection of Wetlands), E.O. 12898 Environmental Justice and WAC 197-11 (SEPA). A. SEPA COMPLIANCE (WAC 197-11) 1. Will there be a Determination of Non-Significance or Claim for Categorical Exemption for this project? DNS: YES NO CE: YES NO 2. If you have a completed Environmental Checklist or Determination of Non- Significance, please include it as part of your application. 3. If you claim a Categorical Exemption under SEPA regulations, please cite the sections of your SEPA procedures, or the section of WAC under which you claim exemption. Applicant Agency's SEPA Procedure: WAC: 4. Please describe the categorical exemption in adequate detail for evaluation: B. HYDRAULIC CODE COMPLIANCE (RCW 75.20.100-140) 1. Is your proposed project located below the Ordinary High Water Line in the bed of any salt or fresh water of the state? YES NO 2. If your answer is YES, you are responsible for contacting the Department of Fish and Wildlife to find out whether they will require a Hydraulic Project Approval for your proposed work. We will require proof of application before grant funding can be advanced. 1159-DR-WA Winter Storms 1996 20 Hazard Mitigation Grant Program Application MAY 1997 C. SHORELINE MANAGEMENT ACT COMPLIANCE (RCW 90.58) 1. Is your proposed project located within the boundaries of the Shoreline Management Act (Including but not limited to: 200 feet of: any marine shoreline or associated wetland; the banks or associated wetlands of any stream with a flow of 20 cubic feet per second or greater; or the shoreline or associated wetland of any lake 20 acres in size or larger in any of the 15 counties west of the crest of the Cascade Mountain range)? YES NO 2. If you answer YES and your proposal is selected, you will need to apply for a Shoreline Permit from the appropriate unit of government and submit a copy of the permit, or exemption, before release of any funding. D. WETLANDS DISCLOSURE (Governor's Executive Order 90-04) 1. Is there a wetland, as defined by either the U.S. Fish and Wildlife Service or the Clean Water Act, on the. site or within the immediate vicinity? YES NO 2. If you answer YES to the above question, we will require that you comply with the Governor's Executive Order 90-04. This may include the preparation and Department of Ecology's approval of a WETLANDS COMPENSATORY MITIGATION PLAN. If applicable, the Department of Ecology must approve the plan before we approve HMGP funds. Please indicate what actions, if appropriate, you are taking concerning wetlands. E. FLOODPLAIN DISCLOSURE (RCW 86-16) 1. Is your proposed project in a floodplain designated on a FEMA Flood Insurance Rate Map? YES NO 2. If you answer YES, please identify the following: FEMA Flood Insurance Panel Number: FEMA Flood Insurance Rate Map Zone Designation Is your jurisdiction a participant in good standing in the National Flood Insurance Program? YES NO 1 159-DR-WA Winter Storms 1996 21 Hazard Mitigation Grant Program Application MAY 1997 F. PUGET SOUND BASIN DISCLOSURE (RCW 90.70) 1. Is your proposed project in, or part of, a drainage basin that drains into Puget Sound (identified in RCW 90.70.005 as all salt waters east of Port Angeles and south of the international boundary line)? YES NO 2. If you answer YES, please identify the basin and sub-basin. G. CRITICAL AREAS DISCLOSURE (RCW 36.70A) The Growth Management Act requires all cities and counties in the state to designate critical areas (RCW 36.70.70A.179(1)(a)) and to adopt development regulations that will protect them (RCW 36.70A.060(2)). 1. Is your proposed project in any of the "Critical Area" classifications identified in Washington State's Growth Management Act? These areas include: Wetlands, Aquifer Recharge Areas, Frequently Flooded Areas, Geologically Hazardous Areas such as landslide, erosion, alluvial fan, seismically active, or volcanic areas, and Fish and Wildlife Habitat Areas. YES NO 2. If you answer YES, please identify the critical area category(s). 3. If your proposed project is in a designated critical area, please explain if and how it will contribute to further development in the area. H. CODE COMPLIANCE ASSURANCE 1. Will your project meet all applicable codes and standards for the area in which it is located? YES NO 2. If you answer NO, please describe on a separate sheet the exemptions or variances that will be required. 1 159-DR-WA Winter Storms 1996 22 Hazard Mitigation Grant Program Application MAY 1997 I. REGIONAL OR BASIN-WIDE PLANNING 1. How has your jurisdiction coordinated the planning and possible impacts of this project with neighboring jurisdictions (counties, cities, states, etc.)? Please explain. 2. Will this,project affect upstream/downstream/neighboring jurisdictions? Please explain to what level this affect will be, or why nothing has been done. 1159-DR-WA Winter Storms 1996 23 Hazard Mitigation Grant Program Application MAY 1997 SECTION 11 CERTIFICATIONS AND ASSURANCES. As the duly authorized agent of the applicant, I certify that the information provided below in this application is true and correct. I further assure that the applicant will comply with all applicable state and federal regulations concerning the Hazard Mitigation Grant Program. I will get all necessary permits and approvals if the proposed project is awarded Hazard Mitigation Grant funds. I recognize that failure to comply with all of the applicable state and federal regulations may be grounds for the revocation of current, or the denial of future, Hazard Mitigation Grant Program funding. For projects that involve elevation of individual homes and structures, we must get applicable plans and permits. A building official currently certified by applicable code organizations (ICBO, etc.) must accomplish final certification of the elevation portion of the project. For projects that involve the acquisition/relocation of properties in the floodplain, the following eligibility criteria and assurances from 44 CFR § 206.434 (d) apply: (1) We will convey the following restrictive covenants in the deed of any property acquired, accepted, or from which structures are removed (hereafter called the property). (i) The property will be dedicated and maintained in perpetuity for uses compatible with open space, recreational, or wetlands management practices. (ii) No new structure(s) will be built on the property except as indicated below: a. A public facility that is open on all sides and functionally related to a designated open space or recreation use; b. A restroom; or C. A structure that is compatible with open space, recreational, or wetlands management usage and proper floodplain management policies and practices that the Director approves in writing before the construction of the structure begins. (iii) After completion of the project, we will not apply for additional DISASTER assistance for any purpose with respect to the property to any federal entity or source, and no federal entity or source will provide such assistance. (2) In general allowable open space, recreational, and wetland management uses include parks for outdoor recreational activities, nature reserves, cultivation, grazing, camping (except where adequate warning time is not available to allow evacuation), temporary storage in the open of wheeled vehicles that are easily movable (except mobile homes), unimproved, previous parking lots, and buffer zones. (3) Any structures built on the property will be flood proofed or elevated to the Base Flood Elevation plus one foot of freeboard. I further certify that the proposed project has been reviewed by the applicable planning director/department and found consistent with our adopted comprehensive plan and development regulations. I understand that failure to comply with these conditions following the acceptance of any grant funds will cause the funds to be eligible for an immediate recapture by the State of Washington. Authorized Signature Date 1159-DR-WA Winter Storms 1996 24 Hazard Mitigation Grant Program Application MAY 1997 SECTION 12. RESOLUTION DESIGNATING AN APPLICANT'S AGENT. For the State of Washington Hazard Mitigation Grant Program Application BE IT RESOLVED THAT (Name - Printed) (Title) Or his/her alternate: , (Name - Printed) (Title) is hereby authorized to execute for and on behalf of the a local government entity, state agency, special purpose district, or private nonprofit organization established under the laws of the State of Washington, this application and to file in the Military Department, Emergency Management Division for the purpose of obtaining certain federal and state financial assistance under Section 404 of P.L. 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Act of 1988. THAT the hereby authorizes its agent to provide to the State Emergency Management Division for all matters concerning such state disaster mitigation assistance the assurances and agreements required. Passed and approved this day of , 19 (Signature and Title) (Signature and Title) CERTIFICATION I, duly appointed and (Name) (Title) of , do hereby certify that the above is a true and correct copy of a resolution passed and approved by the of the on the day of , 19 (Signature) (Title) 1159-DR-WA Winter Storms 1996 25 Hazard Mitigation Grant Program Application MAY 1997 J EXECUTIVE ORDER 11988 & 11990 CHECKLIST EO - 11988 FLOOD PLAIN MANAGEMENT & EO 11990 - WETLAND PROTECTION STEP 1. Determine whether the proposed action is located in a wetland and/or the 100 year floodplain (500 year floodplain for critical actions), or whether it has the potential to affect or be affected by a floodplain or a wetland. STEP 2. Notify the public at the earliest possible time of the intent to carry out an action in a floodplain or wetland, and involve the affected and interested public in the decision-making process. STEP 3. Identify and evaluate practicable alternatives to locating the proposed action in a floodplain or wetland (including alternatives sites, actions and the "no action" option). If a practicable alternative exists outside the floodplain or wetland, FEMA must locate the action at the alternative site. STEP 4. Identify the full range or potential direct or indirect impacts associated with the occupancy or modification of floodplains and wetlands and the potential direct and indirect support of floodplain and wetland development that could result from the proposed action. STEP 5. Minimize the potential adverse impacts and support to or within floodplains and wetland to be identified under step 4, restore and preserve the natural and beneficial values served by floodplains, and preserve and enhance the natural and beneficial values served by wetlands. STEP 6. Reevaluate the proposed action to determine first, if it is still practicable in light of its exposure to flood hazards, the extent to which it will aggravate the hazards to others, and its potential to disrupt floodplain and wetland values. Second, if alternatives preliminary rejected at step 3 are practicable in light of the information gained in steps 4 and 5. FEMA shall not act in a floodplain or wetland unless it is the only practicable location. STEP 7. Prepare and provide the public with a finding and public explanation of any final decision that the floodplain or wetland is the only practicable alternative. STEP 8. Review the implementation and post-implementation phases of the proposed action to ensure that the requirements of the order are fully implemented. Oversight responsibility shall be integrated into existing processes. 1159-DR-WA Winter Storms 1996 26 Hazard Mitigation Grant Program Application MAY 1997 A NEPA Roadmap for SU' bGrantees y Bellingham 5 95 9 NEverett 4Seattl 2 S 01 reme . on Leavenwortrh Bellievue Tacoma 97 Rltzville 195 12 Olympia Ellensburg 101 Yakima 12 395 {' Richland Kennewick Longview 12 26 30 Vancouver Rufus Pendleton &1 101 P rtland 26 97 8A 197 SalemF . y � 39_ i Corvallis 101 26 Jol1R a 20 How To Avoid Last Minute Delays & Snags Over N EPA KNOW THE ROAD This road map will guide you along the NEPA process for your hazard mitigation project. Where will your route take you? To a Categorical Exclusion? ...or To a Finding of No Funding $ Significant Impact? ...then Federal funding for your project. Knowing this route HQ Signoff in advance will help you get there without unnecessary delays and will help minimize Complete EA Send to HQ any snags in approving Respond to Public Comment the NEPA document EA Public Notice at the end. Start EA Letter of Intent to Agencies Site Visit Determine EA/CATEX/Section 106 Funding $ Determine Eligibility/Benefit Cost .11 fP .pP Receive Project From State �°� FINDING THE NEPA o= U { D r ai ... a ROAD During mitigation project planning, it's time to take out your NEPA road map. Integrating NEPA into the planning process and documenting it as you go along will assist you in determining viable alternatives and a proposed action. Then, by reviewing the Categorical Exclusion (LATEX) guidelines, you can get an early sense of where your project may be headed. What road are you on? ...to a CATEX? ....to an Environmental Assessment? The Environmental Evaluation Center (EEC) at FEMA, Region X, is the destination location for your NEPA travels. The EEC can help you in this preliminary evaluation of your project. Some projects are obviously a CATEX; however, some apparent CATEX's could evolve into an EA, as environmental issues surface during the planning process. But for the obvious CATEX's, time and effort can be saved by taking this route early. If your project takes the EA road, adequate Q {4 documentation of environmental considerations and public involvement during the planning process is crucial. Most of a the delays, in the EA process and getting the EA approved at FEMA, result from the lack of adequate information and proper documentation. Contrary to popular opinion, the environmental assessment is not an after-the-fact report of a project. The true purpose of the EA is to document how environmental considerations were integrated into the planning process from the beginning, including public involvement, and how this integration has helped determine Don't be a monster truck with NEPA... the alternatives and proposed action. By knowing the road ahead, you can avoid a mad scramble at the end or falling into potholes. FEMA is ready to guide you, as you need it. Call the Environmental Evaluation Center at (206) 806-2721 to help you along the way. Driving Down the Mitigation Planning Road As you roll along scoping out your mitigation project, NEPA should be a passenger in your car. With mitigation planning and NEPA, you are going in the same direction. MITIGATION PLANNING NEPA PASSENGER ITINERARY Organize & prepare the plan H Integrate NEPA into the plan Document public involvement Involve the public H (who, what, why, where, when) Early contact with NEPA sensitive Coordinate with other agencies H agencies... (USFWS, USACE, NRCS, NMFS, SHPO) Assess the hazard H Document the purpose & need for a project Assess the problem H Document possible solutions Set goals H Integrate environmental elements Scoping for alternatives - Include Review possible activities H environmental fact-finding Identify at least 2 viable alternatives Draft an action plan H Describe existing environment Evaluate alternatives & select Adopt the plan H proposed action. Document environmental considerations for each alternative. Implement, evaluate, and revise H Assemble data for use in appplication to State and/or send to FEMA's EEC. Don't Drive Too Far on a Bad Tire. . . . . . Will Your Project Be Eligible ? As you drive down the planning road, ask these ????? What is the cost & useful life of the project? What is the frequency of the disaster event? Is this project from an eligible applicant? (County/City/Special Districts/Tribe/eligible Nonprofit Agency or Organization). Does it conform with the State Hazard Mitigation Plan developed as a requirement of Section 409 for the declared disaster, coordinate with other plans, and contribute to a long-term solution? Does it meet all applicable codes and standards for the project locale (i.e., construction, public notifications, etc.)? Does it have a direct beneficial impact upon the designated disaster area, address a repetitive problem, and substantially reduce the risk of future damage, hardship, loss? Does it conform with 44 CFR part 9, Floodplain Management and Protection of Wetlands; and 44 CFR part 10, Environmental Considerations? Does it constitute a complete project? Can you document that the project will be completed? What is the estimated dollar amount of damage prevented as a direct result of the proposed project? What would be the subsequent negative impacts to the area if the measure were not implemented? ® �. A CATEX CHECK-UP FEMA has resurfaced the Categorical Exclusion route, so that more hazard mitigation projects will be able to travel this smoother, wider road. These key elements of the new regulations will accommodate more projects than before: L 44 CFR, pt. 10 (d) (xv) "Repair, reconstruction, restoration, elevation, retrofitting, upgrading to current codes and standards, or replacement of any facility in a manner that substantially conforms to the pre-existing design, function, and location." 44 CFR, pt. 10 (d) (xvi) "Improvements to existing facilities v and the construction of small scale hazard mitigation measures in existing developed areas with substantially completed infrastructure, when the immediate project area has already been disturbed, and when those actions do not alter basic functions, do not exceed capacity of other system components, or modify intended land use; provided the operation of the completed project will not, of itself, have an adverse effect on the quality of the human environment." The CATEX route is determined, based on the information in the application, any additional resources provided, and a site visit. We consider the project's impact on the environment in these key areas: wetlands/floodplains..... rare & endangered species.... fisheries resources.... water quality.... coastal zones... historic & archaeological resources.... low income & minority peoples... and public controversy. Three different types of CATEX's are possible: Simple CATEX - No adverse environmental impact and no public controversy. Mitigated CATEX - A minimal adverse impact that will be mitigated. This type of CATEX requires documentation of environmental impacts and mitigative measures that will be taken. System CATEX - Includes multiple projects that are similar in the same or similar geographical area. IS YOUR ROUTE AN EA ? For a normal trip, an itinerary is essential to know where you are going. For a NEPA trip, it is essential for us to also know where you've been. Where have you been?....... Why exactly is this project needed? What is the environment at.& around the project area? What are the viable alternatives including the proposed action? Any notable impacts? Mitigation? How were the public and public agencies involved in the planning process? And how can you show us?.....land use & comprehensive plans, preliminary design & facility plans, watershed or system wide management plans, wetlands identification map, species list, and any existing studies of the area by other agencies, and written observations and documentation of public involvement, including any areas of concern. What questions do you ask?....... s O 4. Why is the project needed? Show repetitive damage and how the proposed action would ® provide a solution to the problem. Cost or cost/benefit is not a factor in the EA. 4 What is the Proposed Action, and the second viable alternative? Be explicit...We can't get down the Ea's are not Desoto's NEPA road unless we know what we're driving. 4. What are the effects of the alternatives, including the "no action" alternative, on people and on the environment? 4. What historic/archaeological resources exist in the project area and which are affected by the project? 4. How have agencies and the public been involved? Agencies that must respond to the EA are the State Historic Preservation Office, U.S. Army Corps of Engineers, U.S. Fish & Wildlife Service, and when anadromous fish are present, the National Marine Fisheries Service. Special consideration is given in the EA for project impact on Wetlands and Floodplains. A reminder..... If you need a NEPA tune-up, carburetor adjustment, or just some oil or gas. Cthe Environmental Evaluation Center at FEMA (206) 806-2721 We're here to serve you and help make your NEPA trip , .....a sm000000th one. A