Emergency Watershed Program Sandy Recovery Activities and Flood Plain Easement Program Greg Westfall, Resource Conservationist USDA-Natural Resources Conservation Service (NRCS)
Set up by Congress to respond to emergencies created by natural disasters to relieve imminent hazards to life and property caused by floods, fires, windstorms, and other natural occurrences. Must be sponsored by a political subdivision of the State, such as a city, county, general improvement district, or conservation district The USDA Natural Resources Conservation Service (NRCS) is responsible for administering the program.
NRCS typically bears up to 75 percent of the construction cost of emergency measures, for Hurricane Sandy the funding level was increased to 90 percent for consistency with FEMA 25 percent must come from local sources and can be in the form of cash or in-kind services A limited reimbursement, typically7.5% of the eligible construction cost, is provided when the local sponsor provides design and contracting services.
Must reduce threats to life and property Must be economically and environmentally defensible and sound from an engineering standpoint. All work must represent the least expensive alternative EWP funds cannot be used to reimburse for work begun before an assistance agreement is signed.
Eligibility Process Receive requests for assistance Complete a Damage Survey Report to determine eligibility Request funds Sign agreements that include time limits on performing the work. Funding comes as a result of natural disaster events when Congress makes a special appropriation. Recently, this has been limited to Presidential disaster declarations and not all of these have received funding.
Public and private landowners are eligible for assistance but must be represented by a project sponsor Project sponsor must be a public agency of state, county, or city government, or a special district.
Provide land rights to do repair work and securing the necessary permits Sponsors are also responsible for furnishing the local cost share and for accomplishing the installation of work. Responsible for operation and maintenance of the work.
EWP work can include: - Removing debris from stream channels, road culverts, and bridges - Reshaping and protecting eroded banks - Correcting damaged drainage facilities - Repairing levees and structures - Reseeding damaged areas - Sediment removal from basins - EWP does not normally reimburse for sediment removal from reservoirs and that Sandy was a unique situation due to the surge. - Purchasing floodplain easements
Perth Amboy City - After
18 agreements providing approximately $5.5 million in recovery assistance to communities in Bergen, Union, Middlesex, Monmouth and Ocean counties with the majority of the work in coastal Monmouth County Recovery work includes sediment, tree and flood debris removal from over 13 miles of streams and waterways
Sediment and flood debris will be removed from four coastal basins severely impacted by the storm surge. Removal of sediment from basins or reservoirs is not a typical activity in EWP, however, the storm surge was a unique event that washed beach sands into the basins affecting their flood control and drainage function Total value of property protected is estimated at over $400 million which includes both public and private lands All work will be completed by the end of the calendar year.
Background Section 382 of the Federal Agriculture Improvement and Reform Act of 1996 (Public Law 104-127) amended the Emergency Watershed Protection Program (EWP), which was established under the Agricultural Credit Act of 1978, to provide for the purchase of floodplain easements as an emergency response to natural disasters or other circumstances. Since 1996, the USDA Natural Resources Conservation Service (NRCS) has purchased permanent floodplain easements on 1,418 properties, totaling 184,254 acres located in 36 states.
Purpose of Flood Plain Easements Floodplain easements restore, protect, maintain and enhance the functions of floodplains while conserving their natural values such as fish and wildlife habitat, water quality, flood water retention and ground water recharge. Structures, including buildings, within the floodplain easement must be demolished and removed, or relocated outside the 100-year floodplain or dam breach inundation area.
Duke Farm, Hillsborough Twp, Somerset County
Up to $124.8 million has been designated for landowners in 12 states with property damaged by Hurricane Sandy through this program administered by USDA, Natural Resources Conservation Service (NRCS).
Eligibility Requirements Property damage must have been sustained from Hurricane Sandy. Owners of properties zoned residential must secure a public sponsor who will assume ownership of the property. Property must be outside of the FEMA Coastal Flood Zones (Zones V, VE, or V1-30). These areas are currently not eligible for this program.
Required Documents Privately-Owned Property Documentation of flood damage and proof that damage was a result of Hurricane Sandy. Acceptable evidence includes insurance claims, newspaper or other publication clippings, or any other documentation that links the flood damage directly to Hurricane Sandy. Proof of ownership a copy of the ownership vesting deed *NRCS Form AD-1153 (Application for Long-Term Contracted Assistance through the EWP-FPE Program) Confirmation that public sponsor is interested in assuming ownership and stewardship of property.
Required Documents Entity-Owned Property A list of the individuals who comprise the entity, including the percent of ownership for each individual. Documents that show the entity to be legal and valid in the State where the application was submitted. Data Universal Number System (DUNS) number; more information is available at https://eupdate.dnb.com/requestoptions.html. Registration with the System for Awards Management (SAM); more information is available at https://www.sam.gov/portal/public/sam/. Legal documentation of signature authority
Land Eligibility Criteria Damage to land and buildings by Sandy Land not necessarily eligible because it floods, must be a value change due to the taking of an easement Residential or farmland uses changing to floodplain use only does constitute a value change that would be eligible If the area is currently undevelopable marshland due to State and federal wetland and floodplain restrictions, there will be no value change in the future and the land would not be eligible The program is not intended to merely enhance floodplain areas, so we wouldn t just enhance a poor marsh to a good marsh
Landowner Disclosure Worksheet Land owned 7 years or more Landowner have legal access to the parcel Landowner have clear title to property Legal ditches or tile drain easements present Other easements (eg. Gas lines, transportation) present Known cultural resource sites within the proposed easement area
BayPoint, Lawrence Township, Cumberland County
Criteria Used for Ranking Parcels for Funding Frequency of damage from flooding (using FEMA National Flood Insurance Program Flood Claims Database) Proximity of parcel to other protected land (in the same watershed) Offered easement parcel (s) is either individually or part of a group Restoration cost
Application part of a larger acquisition through non- Federal government programs such as NJDEP Blue Acres Parcel contains majority (>50 percent) in the A, AE, AO, or AH zone as mapped by FEMA Type of land protected Restored habitat for species of conservation interest (using NJDEP Landscape Project data)
Garrison Property, Downe Twp. Cumberland County
Hazardous Materials Check Dumps or Landfills, especially with drums/containers Other debris: household or farm waste Fills (possible cover for dumps) Unusual chemical odors Above/below ground storage tanks Buildings: Chemical storage, equipment repair solvents Structures: Evidence of asbestos Vegetation different from surrounding area for no apparent reason, e.g. stressed or dead, bare ground"sterile" or modified water bodies
Hazardous Materials Check (Continued) Oil seeps, stained ground, discolored stream bank Unnatural characteristics of water: oil slicks, unusual color, etc.. Spray operation base: air strip, equipment parking area chemical staging, storage, and mixing areas Machinery repair areas Pipelines, power lines, gas lines Oiled or formerly oiled roads Mounted transformers - evidence of leakage Any mining activity or mining residue: past, present, or future
Preliminary Restoration Plan Contents Conservation Practices such as and including: - Obstruction Removal (Removal and disposal of buildings, structures and other works of improvement - Conservation Cover establishing and maintaining permanent vegetative cover - Tree/Shrub Site Preparation treatment of areas to improve site conditions for establishing trees and/or shrubs