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15 Staff Report - Santa Clara Valley Water District~0`N N 0 MEETING DATE: 6/18/07 ITEM NO: %A~os COUNCIL/AGENCY AGENDA REPORT DATE: JUNE 8, 2007 TO: MAYOR AND TOWN COUNCIL FROM: DEBRA J. FIGONE, TOWN MANAGER SUBJECT: AGREEMENT WITH SANTA CLARA VALLEY WATER DISTRICT ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO ENTER INTO A PROVISIONALLY ACCREDITED LEVEE (PAL) AGREEMENT WITH THE WITH THE SANTA CLARA VALLEY WATER DISTRICT TO RE-CERTIFY THE LEVEE ALONG LOS GATOS CREEK ON OR BEFORE JULY 20, 2007 RECOMMENDATION: Adopt resolution authorizing the Town Manager to enter into a Provisionally Accredited Levee (PAL) Agreement with the Santa Clara Valley Water District (SCVWD) to re-certify the Levee along Los Gatos Creek on or before July 20, 2007. BACKGROUND: The Federal Emergency Management Agency (FEMA) issued Procedure Memorandum No. 34 (PM 34) on August 22, 2005, to provide guidance for processing studies/mapping projects for communities with levees and to define the roles of all FEMA contractors and mapping partners in meeting the regulatory requirements of the National Flood Insurance Program (NFIP) as cited at Title 44, Chapter 1, Section 65. 10, of the Code of Federal Regulations, Section 65.10 (44 CFR Section 65.10). PM 34 reiterates that the community or levee owner seeking recognition of a levee or levee system are responsible for providing information to demonstrate that the levee provides protection from the base (1-percent-annual-chance) flood, known as a 100 year flood event. Therefore, when a study/mapping project is initiated under the Flood Map Modernization (Map Mod) program, FEMA will request that the community, levee owner, and/or local project sponsor to provide the data described in 44 CFR Section 65.10. PREPARED BY: KEVIN ROHANI Interim Director of Parks and Public Works NAENGINEERINMCOUNCIL REPORTSTAL agreement with SCVWD.doc Reviewed by: Assistant Town Manager -LJLTown Attorney Clerk Administrator - -67 Finance mmunity Development PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: AGREEMENT WITH SANTA CLARA VALLEY WATER DISTRICT JUNE 8, 2007 The requirement for complying with 44 CFR Section 65.10 is the responsibility of the community (Town of Los Gatos), levee owner, and/or local project sponsor (Santa Clara Valley Water District), and they often find it difficult to provide the full documentation promptly. The lack of readily available data to comply with 44 CFR Section 65.10 has, in some cases, caused studies/ mapping projects to be delayed or placed on hold until the required information can be compiled and provided to FEMA. DISCUSSION: Providing communities with up-to-date, accurate, and reliable flood hazard information on Digital Flood Insurance Rate Maps (DFIRMs) is one of the primary goals of Map Mod. Because levees are shown on the currently effective Flood Insurance Rate Maps (FIRMS) for over one- quarter of the counties being mapped under Map Mod, the issue of whether the levee provides 1- percent-annual-chance flood protection must be addressed. While 44 CFR Section 65.10 documentation is being compiled, the existing FIRMS remain in effect, showing the area behind the levee as protected from the 1-percent-annual-chance flood and potentially delaying the release of more up-to-date information for other, parts of the community. As a result, communities would potentially be using outdated flood hazard information to regulate floodplain development. In addition, because the existing FIRMS are in effect, there may be no requirements for the purchase of flood insurance in areas that actually are flood prone. FEMA has since 2005 been working on a state by state basis and on May 1, 2007, FEMA offered Los Gatos and other Cities and the County of Santa Clara "Provisionally Accredited Levee" (PAL) Agreements which provides a two-year period to re-certify levees within the county. In Santa Clara County there are approximately 100 miles of levees and of that only 57 miles are eligible for re-certification and of that 57 miles there are 27 miles qualify for PAL agreements. The other communities within the county that have levees that require re-certification are Milpitas, Mountain View, San Jose, Gilroy and Santa Clara County. The other communities have met with the District and are planning to sign PAL agreements. The decision on whom will be the lead agency between each agency and the District has not been determined but the District could be the lead agency and have all the work required for re-certification done under one contract with each community paying their share. FEMA has assigned ID # P32, for the levee along Los Gatos Creek. The levee, which needs to be re-certified, borders on the east side of Los Gatos Creek from Lark Avenue to Highway 85 and provides flood protection for the area east of the creek, between Lark Avenue and Highways 17 and 85. This levee was constructed in 1985 and is about .25 miles ,in length and is owned and maintained by the Santa.Clara Valley Water District. The levee currently provides protection for a portion of "The Gloria and. Ken Levy Family Campus," "Yuki Farm," "Los Gatos Swim and Racquet Cub" and "Bonnie View Trailer Park." The PAL agreement if signed by both parties states that to the best of our knowledge the levee meets the criteria of 44 CFR 65.10 and has been maintained in accordance with an adopted operation and maintenance plan. PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: AGREEMENT WITH SANTA CLARA VALLEY WATER DISTRICT JUNE 8, 2007 Both the Town of Loa Gatos (Community) and Santa Clara Valley Water District (Owner of the Levee) must enter into this agreement. FEMA has given the Town and the District 90 days, which ends on August 2, 2007, to either accept or reject this agreement. If the levee qualifies for the PAL designation, FEMA will provide the community and the levee owner 90 days to sign and return an agreement that indicates the full documentation for Section 65.10 will be provided within 24 months of the signed agreement. With the PAL agreement FEMA requires a copy of the adopted operation and maintenance plan for the levee and records of levee maintenance and operation, as well as tests of the mechanized interior drainage system, if applicable. Per the SCVWD, all District levees and maintenance programs that have been reviewed by federal agencies, with responsibility for flood protection, have been rated as meeting or exceeding maintenance standards. If the signed agreement is not returned to FEMA within 90 days, before the August 2, 2007 date, the levee in Los Gatos will no longer be eligible for the PAL designation and if the levee does not meet the PAL requirements, the area landward of the levee will be remapped as if the levee was not constructed and all properties in the remapped area will be required to have flood insurance. CONCLUSION: The PAL agreement is to show a good faith effort of the Town and SCVWD to re-certify the levee within the 24 month time period and that the District will submit with the PAL all maintenance and operation documents on the levee. The re-certification of the levee will have a major impact on future development of the area. It is recommended that the Council adopt a resolution authorizing the Town Manager to execute a Provisionally Accredited Levee (PAL) Agreement with the Santa Clara Valley Water District on or before July 20, 2007. ENVIRONMENTAL ASSESSMENT: This is a project as defined under CEQA but is Categorically Exempt (Section 15301©). A Notice of Exemption will not be filed. FISCAL IMPACT: The entering into a PAL agreement with the District has no immediate fiscal impact to the Town. The re-certification of the levee will have a long range fiscal impact to the Town of $40,000 to $75,000 and will be required within the next 24 months and if needed, will be addressed in the mid-year budget adjustments for FY 2007/08. PAGE 4 MAYOR AND TOWN COUNCIL SUBJECT: AGREEMENT WITH SANTA CLARA VALLEY WATER DISTRICT JUNE 8, 2007 If the Town does not enter into a PAL agreement, or the levee fails to be re-certified, there will be a fiscal impact to all businesses and homeowners on the landward side of the levee in the remapping of the area as requiring flood insurance. The true financial impact to current property owners, renters and future development in the effected area is undetermined at this time and will only be determined if the area gets remapping and the Zone type is determined. If the un-developed area is developed in the future based on the current zoning and the area is remapped as Zone AE the financial impact could exceed $250,000 per year for flood insurance. Attachments: Resolution authorizing the Town Manager to enter into a Provisionally Accredited Levee. (PAL) Agreement (Exhibit A) Letter from FEMA dated May 1, 2007. Letter from Santa Clara Valley Water District dated May 4, 2007. RESOLUTION RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE A PROVISIONALLY ACCREDITED LEVEE (PAL) AGREEMENT WITH THE SANTA CLARA VALLEY WATER DISTRICT TO RE-CERTIFY THE LEVEE ALONG LOS GATOS CREEK WHEREAS, On May 1, 2007, the Federal Emergency Management Agency (FEMA) offered Los Gatos a "Provisionally Accredited Levee" (PAL) Agreement which provides a two- year period to re-certify the levee along Los Gatos Creek; and WHEREAS, The PAL Agreement states that to the best of our knowledge the levee meets the criteria of Federal Regulation 44 CFR 65.10 and has been maintained in accordance with an adopted operation and maintenance plan; and WHEREAS, both the Town of Loa Gatos (Community) and Santa Clara Valley Water District (Owner of the Levee) must enter into this agreement; and WHEREAS, The PAL Agreement is to show a good faith effort of the Town and the Santa Clara Valley Water District to re-certify the levee within the 24 month time period and that the District will submit with the PAL all maintenance and operation documents on the levee; and NOW THEREFORE BE IT RESOLVED that the Town Manager is hereby authorized and directed to execute an Agreement (Exhibit A) with the Santa Clara Valley Water District to enter into a "Provisionally Accredited Levee" (PAL) Agreement to re-certify the levee along Los Gatos Creek on or before July 20, 2007. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 18th day of June, 2007, by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS/ LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTACHMEN I 1 Letter of Agreement and Request for Provisionally Accredited Levee (PAL) Designation and Agreement to Provide Adequate Compliance with the Code of Federal Regulations, Title 44, Section 65.10 (44 CFR 65.10) PAL Agreement Form We, the undersigned, have received a letter from FEMA dated May 1, 2007 with an enclosed "Levee Status Map " and "Levee Status Table " and two enclosed documents titled "Title 44 of the Code of Federal Regulations (CFR), Section 65.10 (44 CFR 65.10) " and "Requirements of 44 CFR Section 65.10: Mapping of Areas Protected by Levee Systems. " We understand that FEMA is in the process of providing an updated Flood Insurance Rate Map for Santa Clara County, CA and that the flood hazards around levee(s) identified on the Levee Status Map and Levee Status Table with ID numbers P , P , P , P , P will be remapped to reflect that these levees have been designated a PAL. This/these levee(s) or levee system(s) is/are also known as To the best of our knowledge, the levee(s) identified above meet the criteria of 44 CFR 65.10 and has/have been maintained in accordance with an adopted operation and maintenance plan. For Scenario A (non-USACE Program) levees, this must be evidenced by an attached Operation and Maintenance Plan and records of levee maintenance and operation, as well as Test Records of Mechanized Interior Drainage System. We hereby submit to FEMA within 90 days (before August 2, 2007) our agreement to provide FEMA with all the necessary information to show that the levee(s) identified above comply with 44 CFR 65.10. We understand that this documentation will be provided before August 2, 2009. Providing the information described in 44 CFR 65.10 will allow FEMA to move forward with the flood snapping for Santa Clara County. We fully understand that if complete documentation of compliance with 44 CFR 65.10 is not provided within the designated timeframe of 24 months, FEMA will initiate a revision to the Flood Insurance Rate Map for Santa Clara County to redesignate the area as floodprone. Levee Owner Representative (signature): Date: Levee Owner Representative (print name): Community CEO (signature): Community CEO (print name): Other, if applicable (signature): Other, if applicable (print name): Required Attachments for Scenario A (non-USACE Program) Levees only: ■ Operation and Maintenance Plan and Records ■ Test Records of Mechanized Interior Drainage System Date: Date: Instructions for Completing this Form: ■ On this PAL Agreement Form, fill-in the levee ID numbers and levee(s) name/description for which the Provisionally Accredited Levee (PAL) designation is requested. A separate PAL Agreement Form is recommended for each unique levee owner/levee system. Make copies of this blank form to request PAL designation for multiple levee systems, as necessary. ■ This document is available on-line (in a PDF format that can be filled-in electronically) via the link named "Generic PAL Agreement Form for Region IX" at http://nne.mapm.odteam.colnli:mc9/Fact~Sheets.btm Provisionally Accredited Levee (PAL) Agreement Form EXHIBIT A IN WITNESS WHEREOF, the Town of Los Gatos and the Santa Clara Valley Water District have executed this Agreement as of the date indicated on page one (1).Town of Los Gatos, by: Town of Los Gatos, by: Santa Clara Valley Water District Debra J. Figone, Town Manager Town of Los Gatos Recommended by: (Signature) (Print Name) Kevin Rohani Interim Director of Parks and Public Works ATTEST: (Address) Approved as to Form: Town of Los Gatos, California Jackie Rose, Clerk Administrator Orry P. Korb, Town Attorney Revised: 11/04/04 NAENGINEERINMCOUNCIL REPORTSTAL agreement with SCVWD.doc U.S. Department of Homeland Security 1111 Broadway, Suite 1200 Oakland, CA 94607-4052 O~yA Z FEMA ~~44 ~ND May 1, 2007 RECEIVED CERTIFIED MAIL RETURN RECEIPT REQUESTED MAY - 2007 The Honorable Joe Pizynski, Mayor Town of Los Gatos P.O. Box 949, 110 E. Main Street Los Gatos, CA 95030 Dear Mayor Pizynski: MAYOR & TOWN COUNCIL This letter is in regard to the levee that is accredited on the effective Flood Insurance Rate Map (FIRM) and in the effective Flood Insurance Study (FIS) report for the Town of Los Gatos. This levee is identified with ID # P32 along Los Gatos Creek on an enclosure to this letter. The U.S. Department of Homeland Security, Federal Emergency Management Agency (FEMA), is in the process of producing a countywide FIS report and Digital Flood Insurance Rate Map (DFIRM) for Santa Clara County, CA. This effort is being undertaken as part of FEMA's Flood Map Modernization Program. Flood hazard information presented on the effective FIRM and in the FIS report is based, in some areas, on flood protection provided by the levee identified on the enclosure. Based on the information available and on the mapping standards of the National Flood Insurance Program (NFIP) at the time that the FIS was performed, FEMA accredited the levee with providing protection from the flood that has a 1-percent-chance of being equaled or exceeded in any given year. The 1-percent-annual-chance flood also is referred to as the base flood. For FEMA to continue to accredit the identified levee with providing protection from the base flood, the levee must meet the criteria of the Code of Federal Regulations, Title 44, Section 65.10 (44 CFR 65.10), titled "Mapping of Areas Protected by Levee Systems" (copy enclosed). In accordance with 44 CFR 65.10(a), it is the responsibility of the community or other party seeking recognition of a levee system, to provide the data defined and outlined within the regulation. Specifically, the design and construction data provided must be certified by a registered professional engineer or by a Federal agency with responsibility for levee design. FEMA understands that it may take time to acquire and/or assemble the documentation necessary to fully comply with 44 CFR 65.10. Therefore, FEMA has incorporated a process into the schedule of Flood Map Modernization that, if needed, will provide the Town of Los Gatos with additional time to submit all the necessary documentation. Initiation of this process can take place only if the levee owner and a representative of each impacted community sign and return the enclosed agreement to the FEMA Region IX office within 90 days of the date of this letter (before August 2, 2007). In addition, the following must be provided: o A copy of the adopted operation and maintenance plan for the levee; and ATTACHMENT 2 Mayor Joe Pizynski Page 2 of 3 o Records of levee maintenance and operation, as well as tests of the mechanized interior drainage systems, if applicable. Completion and submittal of the agreement, as well as the operation and maintenance plan and records, will serve as an official request that FEMA label the levee as a Provisionally Accredited Levee (PAL) on the DFIRM and will serve as agreement that, to the best of your knowledge, the levee meets the criteria of 44 CFR 65.10. It is the responsibility of the levee owner to submit the data required by 44 CFR 65.10 before FEMA can accredit the levee as providing protection from the base flood. The completed package must be submitted to the FEMA Region IX office before August 2, 2007 for the levee to receive the PAL designation. Please note that a levee that has maintenance deficiencies is not eligible for PAL consideration. By endorsing the enclosed agreement, you state that all the necessary documentation will be provided within 2-years to comply with 44 CFR 65.10; that is before August 2, 2009. If you are unable to submit all the documentation necessary to meet the criteria of 44 CFR 65.10 before this date, FEMA will initiate a map revision to redesignate certain areas on the landward side of the levee as floodprone. Levees will be labeled as PALS during the 24-month period to convey to map users that levee certification verification is underway. FEMA recommends that the levee owner and the impacted communities implement outreach efforts to inform affected property owners that an assessment of the levee is underway. FEMA also encourages the purchase of flood insurance, even though coverage is not federally required for the areas landward of the accredited levee. If the documentation necessary to fully comply with 44 CFR 65. 10, including an existing operation and maintenance plan and record of on-site inspection, is readily available, please submit the data to this office. Upon receipt of your submittal, FEMA will review the data and determine whether the levee will continue to be accredited with providing protection from the base flood. If the only grounds for the levee in question not currently meeting the 44 CFR 65.10 criteria or PAL requirements are maintenance issues, then the FEMA Region IX office must be contacted by letter to bring attention to the matter before the end of this 90-day period to submit the enclosed PAL agreement. If you notify FEMA that the levee has known maintenance deficiencies, then a 1-year correction period can be provided to remedy these deficiencies. This 1-year correction period would begin on August 2, 2007, if you notify FEMA within 90 days of the date of this letter. During the 1-year correction period, FEMA will move forward with the current flood hazard snapping project as if the areas landward of the levee is to be located in a Special Flood Hazard Area (SFHA); the mapped area subject to inundation by the base flood. However, FEMA will delay issuance of the Letter of Final Determination (LFD) and effective DFIRM until the 1-year correction period has elapsed. For FEMA to remove the SFHA landward of the levee, the following requirements must be met within the 1-year correction period: • All the criteria contained in 44 CFR 65.10 submitted to FEMA, or • Submittal of the entire PAL application, including the following documentation: o An agreement signed by the community and/or levee owner stating that the PAL designation is warranted because the levee meets the requirements of 44 CFR 65.10; o A copy of the adopted operation and maintenance plan for the levee; and Mayor Joe Pizynski Page 3 of 3 o Records of levee maintenance and operation, as well as tests of the mechanized interior drainage systems, if applicable. Once the 1-year correction period has expired, FEMA will assess any submitted data and determine whether any mapping revisions are necessary. If no data have been submitted within the 1-year correction period, or if the submitted data are determined inadequate, FEMA will issue the LFD and effective DFIRM to show the areas landward of a maintenance deficient levee as located in a SFHA. However, if all of the criteria of 44 CFR 65.10 or the entire PAL application is submitted before the 1-year correction period has elapsed, then FEMA will show the levee on the newly effective DFIRM as accredited or provisionally accredited, as applicable. If you have additional questions regarding the specific submittal requirements, please contact Eric Simmons, Map Modernization Regional Engineer, of my staff, either by telephone at (510) 627- 7029 or by facsimile at (510) 627-7147. We look forward to working with you and community officials to address this important matter. If there is anything we can do to facilitate the submittal process, please let us know. Sincerely, Sally Ziollkows , Director Mitigation Division FEMA Region IX Enclosures: ■ Title 44 of the Code of Federal Regulations (CFR), Section 65.10 (44 CFR 65.10) ■ Requirements of 44 CFR Section 65.10: Mapping of Areas Protected by Levee Systems ■ Letter of Agreement and Request for Provisionally Accredited Levee (PAL) Designation and Agreement to Provide Adequate Compliance With the Code of Federal Regulations, Title 44, Section 65.10 (44 CFR 65.10) Levee Status Map ■ Levee Status Table cc: Debra Figone, Town of Los Gatos, Town Manager Kevin Rohani, Town of Los Gatos, Floodplain Administrator Stanley M. Williams, Santa Clara Valley Water District, CEO Ann Draper, Santa Clara Valley Water District, Assistant Operations Officer Ricardo Pineda, CA DWR, NFIP State Coordinator Jennifer Dunn, USACE, San Francisco District Senator Feinstein State Office Senator Boxer State Office Representative Honda District Office The FEMA requirements in Section 65.10 are separated into five categories: 1. General criteria; 2. Design criteria; 3. Operations plans and criteria; 4. Maintenance plans and criteria; and 5. Certification requirements. The requirements for each of these areas are summarized below. (A) GENERAL CRITERIA For purposes of the NFIP, FEMA will only recognize in its flood hazard and risk mapping effort those levee systems that meet, and continue to meet, minimum design, operation, and maintenance standards that are consistent with the level of protection sought through the comprehensive floodplain management criteria established by Section 60.3 of the NFIP regulations. Section 65.10 of the NFIP regulations describes the types of information FEMA needs to recognize, on NFIP maps, that a levee system provides protection from the flood that has a 1-percent chance of being equaled or exceeded in any give year (base flood). This information must be supplied to FEMA by the community or other party seeking recognition of a levee system at the time a study or restudy is conducted, when a map revision under the provisions of Part 65 of the NFIP regulations is sought based on a levee system, and upon request by the Administrator during the review of previously recognized structures. The FEMA review is for the sole purpose of establishing appropriate risk zone determinations for NFIP maps and does not constitute a determination by FEMA as to how a structure or system will perform in a flood event. (B) DESIGN CRITERIA For the purposes of the NFIP, FEMA has established levee design criteria for freeboard, closures, embankment protection, embankment and foundation stability, settlement, interior drainage, and other design criteria. These criteria are summarized in subsections below. (B)(1) FREEBOARD For riverine levees: • A minimum freeboard of 3 feet above the water-surface level of the base flood must be provided. • An additional 1 foot above the minimum is required within 100 feet on either side of structures (e.g., bridges) riverward of the levee or wherever the flow is constricted. °~"`~`^E"'~ March 2007 PAGE 1 ~H~ 14" As part of a mapping project, it is the levee owner's or community's responsibility to provide data and documentation to show that a levee meets the requirements of Section 65.10 of the National Flood Insurance Program (NFIP) regulations. Links to Section 65.10 and many other documents are available on FEMA's Web site at www.fema.goy/plWprevent/fhm/ly fpm.shtm. • An additional 0.5 foot above the minimum at the upstream end of the levee, tapering to not less than the minimum at the downstream end of the levee, is also required. Exceptions to the minimum riverine freeboard requirements above may be approved if the following criteria are met: • Appropriate engineering analyses demonstrating adequate protection with a lesser freeboard must be submitted. • The material presented must evaluate the uncertainty in the estimated base flood elevation profile and include, but not necessarily be limited to: o An assessment of statistical confidence limits of the 1-percent-annual-chance discharge; o Changes in stage-discharge relationships; and o Sources, potential, and magnitude of debris, sediment, and ice accumulation. • It must be also shown that the levee will remain structurally stable during the base flood when such additional loading considerations are imposed. Under no circumstances will freeboard of less than 2 feet be accepted. For coastal levees, the freeboard must be established at 1 foot above the height of the 1-percent-annual-chance wave or the maximum wave runup (whichever is greater) associated with the 1-percent-annual-chance stillwater surge elevation at the site. Exceptions to the minimum coastal freeboard requirements above may be approved if the following criteria are met: • Appropriate engineering analyses demonstrating adequate protection with a lesser freeboard must be submitted. • The material presented must evaluate the uncertainty in the estimated base flood loading conditions. Particular emphasis must be placed on the effects of wave attack and overtopping on the stability of the levee. Under no circumstances will a freeboard of less than 2 feet above the 1-percent-annual-chance stillwater surge elevation be accepted. (B)(2) CLOSURES The levee closure requirement is that all openings must be provided with closure devices that are structural parts of the system during operation and design according to sound engineering practice. (B)(3) EMBANKMENT PROTECTION Engineering analyses must be submitted to demonstrate that no appreciable erosion of the levee embankment can be expected during the base flood, as a result of either currents or waves, and that anticipated erosion will not result in failure of the levee embankment or foundation directly or indirectly through reduction of the seepage path and subsequent instability. The factors to be addressed in such analyses include, but are not limited to: • Expected flow velocities (especially in constricted areas); • Expected wind and wave action; March 2007 PAGE 2 • Ice loading; • Impact of debris; • Slope protection techniques; • Duration of flooding at various stages and velocities; • Embankment and foundation materials; • Levee alignment, bends, and transitions; and • Levee side slopes. (13)(4) EMBANKMENT AND FOUNDATION STABILITY Engineering analyses that evaluate levee embankment stability must be submitted. The analyses provided shall evaluate expected seepage during loading conditions associated with the base flood and shall demonstrate that seepage into or through the levee foundation and embankment will not jeopardize embankment or foundation stability. An alternative analysis demonstrating that the levee is designed and constructed for stability against loading conditions for Case IV as defined in U.S. Army Corps of Engineers (USACE) Engineering Manual 1110-2-1913, Chapter 6, Section H, may be used. The factors that shall be addressed in the analyses include: • Depth of flooding; • . Duration of flooding; • Embankment geometry and length of seepage path at critical locations; • Embankment and foundation materials; • Embankment compaction; • Penetrations; • Other design factors affecting seepage (e.g., drainage layers); and • Other design factors affecting embankment and foundation stability (e.g., berms). (B)(5) SETTLEMENT Engineering analyses must be submitted that assess the potential and magnitude of future losses of freeboard as a result of levee settlement and demonstrate that freeboard will be maintained within the minimum freeboard standards set forth in B(1). This analysis must address: • Embankment loads, • Compressibility of embankment soils, • Compressibility of foundation soils, March 2007 PAGE 3 • Age of the levee system, and • Construction compaction methods. A detailed settlement analysis using procedures such as those described in USACE Engineering Manual EM 1100-2-1904 must be submitted. (11)(6) INTERIOR DRAINAGE An analysis must be submitted that identifies the source(s) of such flooding; the extent of the flooded area; and, if the average depth is greater than 1 foot, the water-surface elevation(s) of the base flood. This analysis must be based on the joint probability of interior and exterior flooding and the capacity of facilities (such as drainage lines and pumps) for evacuating interior floodwaters. Interior drainage systems usually include storage areas, gravity outlets, pumping stations, or a combination thereof. For areas of interior drainage that have average depths greater than 1 foot, mapping must be provided depicting the extents of the interior flooding, along with supporting documentation. (R)(7) OTHER DESIGN CRITERIA In unique situations, such as those where the levee system has relatively high vulnerability, FEMA may require that other design criteria and analyses be submitted to show that the levees provide adequate protection. In such situations, sound engineering practice will be the standard on which FEMA will base its determinations. FEMA also will provide the rationale for requiring this additional information. (C) OPERATIONS PLANS AND CRITERIA For a levee system to be recognized, the operational criteria must be as described below. All closure devices or mechanical systems for internal drainage, whether manual or automatic, must be operated in accordance with an officially adopted operation manual, a copy of which must be provided to FEMA by the operator when levee or drainage system recognition is being sought or when the manual for a previously recognized system is revised in any manner. All operations must be under the jurisdiction of a Federal or State agency, an agency created by Federal or State law, or an agency of a community participating in the NFIP. (C)(1) CLOSURES Operation plans for closures must include the following: • Documentation of the flood warning system, under the jurisdiction of Federal, State, or community officials, that will be used to trigger emergency operation activities and demonstration that sufficient flood warning time exists for the completed operation of all closure structures, including necessary sealing, before floodwaters reach the base of the closure; • A formal plan of operation, including specific actions and assignments of responsibility by individual name or title; and • Provisions for periodic operation, at not less than 1-year intervals, of the closure structure(s) for testing and training purposes. March 2007 PAGE 4 (C)(2) INTERIOR DRAINAGE SYSTEMS Interior drainage systems associated with levee systems usually include storage areas, gravity outlets, pumping stations, or a combination thereof. FEMA will recognize these drainage systems on NFIP maps for flood protection purposes only if the following minimum criteria are included in the operation plan: • Documentation of the flood warning system, under the jurisdiction of Federal, State, or community officials, that will be used to trigger emergency operation activities and demonstration that sufficient flood warning time exists to permit activation of mechanized portions of the drainage system; • A formal plan of operation, including specific actions and assignments of responsibility by individual name or title; • Provision for manual backup for the activation of automatic systems; and • Provisions for periodic inspection of interior drainage systems and periodic operation of any mechanized portions for testing and training purposes; no more than 1 year shall elapse between either the inspections or the operations. (C)(3) OTHER OPERATION PLANS AND CRITERIA FEMA may require other operating plans and criteria to ensure that adequate protection is provided in specific situations. In such cases, sound emergency management practice will be the standard upon which FEMA determinations will be based. (D) MAINTENANCE PLANS AND CRITERIA For levee systems to be recognized as providing protection from the base flood, the following maintenance criteria must be met: • Levee systems must be maintained in accordance with an officially adopted maintenance plan, and a copy of this plan must be provided to FEMA by the owner of the levee system when recognition is being sought or when the plan for a previously recognized system is revised in any manner. • All maintenance activities must be under the jurisdiction of a(n): o Federal or State agency; o Agency created by Federal or State law; or o Agency of a community participating in the NFIP that must assume ultimate responsibility for . maintenance. • The maintenance plan must document the formal procedure that ensures that the stability, height, and overall integrity of the levee and its associated structures and systems are maintained. • At a minimum, the maintenance plan shall specify: o Maintenance activities to be performed; o Frequency of their performance; and o Person by name or title responsible for their performance. March 2007 PAGE 5 (E) CERTIFICATION REQUIREMENTS Data submitted to support that a given levee system complies with the structural requirements set forth in B(1) through B(7) above must be certified by a Registered Professional Engineer. Also, certified as-built plans of the levee must be submitted. Certifications are subject to the definition given in Section 65.2 of the NFIP regulations. In lieu of these structural requirements, a Federal agency with responsibility for levee design may certify that the levee has been adequately designed and constructed to provide protection against the base flood. March 2007 PAGE 6 Title 44 of the Code of Federal Regulations (CFR), Section 65.10 (44 CFR 65.10) § 65.8 water surface profile of the original hy- draulic computer model. The alternate model must be then modified to in- clude all encroachments that have oc- curred since the existing floodway was developed. (ii) The floodway analysis must be performed with the modified computer model using the desired floodway lim- its. (iii) The floodway limits must be set so that combined effects of the past en- croachments and the new floodway limits do not increase the effective base flood elevations by more than the amount specified in §60.3(d)(2). Copies of the input and output data from the original and modified computer models must be submitted. (3) Delineation of the revised floodway on a copy of the effective NFIP map and a suitable topographic map. (d) Certification requirements. All anal- yses submitted shall be certified by a registered professional engineer. All topographic data shall be certified by a registered professional engineer or li- censed land surveyor. Certifications are subject to the definition given at § 65.2 of this subchapter. (e) Submission procedures. All requests that involve changes to floodways shall be submitted to the appropriate FEMA Regional Office servicing the commu- nity's geographic area. [51 FR 30315, Aug. 25, 19861 § 65.8 Review of proposed projects. A community, or an individual through the community, may request FEMA's comments on whether a pro- posed project, if built as proposed, would justify a map revision. FEMA's comments will be issued in the form of a letter, termed a Conditional Letter of Map Revision, in accordance with 44 CFR part 72. The data required to sup- port such requests are the same as those required for final revisions under 65.5, 65.6, and 65.7, except as-built cer- tification is not required. All such re- quests shall be submitted to the FEMA Headquarters Office in Washington, DC, and shall be accompanied by the appropriate payment, in accordance with 44 CFR part 72. [62 FR 5736, Feb. 6, 1997] 44 CFR Ch. 1 (10-1-05 Edition) §65.9 Review and response by the Ad- ministrator. If any questions or problems arise during review, FEMA will consult the Chief Executive Officer of the commu- nity (CEO), the community official des- ignated by the CEO, and/or the re- quester for resolution. Upon receipt of a revision request, the Administrator shall mail an acknowledgment of re- ceipt of such request to the CEO. With- in 90 days of receiving the request with all necessary information, the Admin- istrator shall notify the CEO of one or more of the following: (a) The effective map(s) shall not be modified; (b) The base flood elevations on the effective FIRM shall be modified and new base flood elevations shall be es- tablished under the provisions of part 67 of this subchapter; (c) The changes requested are ap- proved and the map(s) amended by Let- ter of Map Revision (LOMB); (d) The changes requested are ap- proved and a revised map(s) will be printed and distributed; (e) The changes requested are not of such a significant nature as to warrant a reissuance or revision of the flood in- surance study or maps and will be de- ferred until such time as a significant change occurs; (f) An additional 90 days is required to evaluate the scientific or technical data submitted; or (g) Additional data are required to support the revision request. (h) The required payment has not been submitted in accordance with 44 CFR part 72, no review will be con- ducted and no determination will be issued until payment is received. [51 FR 30315, Aug. 25. 1986: 61 FR 46331, Aug. 30, 1996, as amended at 62 FR 5736, Feb. 6, 1997] §65.10 Mapping of areas protected by levee systems. (a) General. For purposes of the NFIP, FEMA will only recognize in its flood hazard and risk mapping effort those levee systems that meet, and continue to meet, minimum design, operation, and maintenance standards that are consistent with the level of protection sought through the comprehensive 346 65.10 Federal Emergency Management Agency, DHS flood plain management criteria estab- lished by §60.3 of this subchapter. Ac- cordingly, this section describes the types of information FEMA needs to recognize, on NFIP maps, that a levee system provides protection from the base flood. This information must be supplied to FEMA by the community or other party seeking recognition of such a levee system at the time a flood risk study or restudy is conducted, when a map revision under the provi- sions of part 65 of this subchapter is sought based on a levee system, and upon request by the Administrator dur- ing the review of previously recognized structures. The FEMA review will be for the sole purpose of establishing ap- propriate risk zone determinations for NFIP maps and shall not constitute a determination by FEMA as to how a structure or system will perform in a flood event. (b) Design criteria. For levees to be recognized by FEMA, evidence that adequate design and operation and maintenance systems are in place to provide reasonable assurance that pro- tection from the base flood exists must be provided. The following require- ments must be met: (1) Freeboard. (i) Riverine levees must provide a minimum freeboard of three feet above the water-surface level of the base flood. An additional one foot above the minimum is required within 100 feet in either side of structures (such as bridges) riverward of the levee or wherever the flow is constricted. An additional one-half foot above the min- imum at the upstream end of the levee, tapering to not less than the minimum at the downstream end of the levee, is also required. (ii) Occasionally, exceptions to the minimum riverine freeboard require- ment described in paragraph (b) (1) (i) of this section, may be approved. Appro- priate engineering analyses dem- onstrating adequate protection with a lesser freeboard must be submitted to support a request for such an excep- tion. The material presented must evaluate the uncertainty in the esti- mated base flood elevation profile and include, but not necessarily be limited to an assessment of statistical con- fidence limits of the 100-year discharge; changes in stage-discharge relation- § 65.10 ships; and the sources, potential, and magnitude of debris, sediment, and ice accumulation. It must be also shown that the levee will remain structurally stable during the base flood when such additional loading considerations are imposed. Under no circumstances will freeboard of less than two feet be ac- cepted. (iii) For coastal levees, the freeboard must be established at one foot above the height of the one percent wave or the maximum wave runup (whichever is greater) associated with the 100-year stillwater surge elevation at the site. (iv) Occasionally, exceptions to the minimum coastal levee freeboard re- quirement described in paragraph (b) (1) (iii) of this section, may be ap- proved. Appropriate engineering anal- yses demonstrating adequate protec- tion with a lesser freeboard must be submitted to support a request for such an exception. The material presented must evaluate the uncertainty in the estimated base flood loading condi- tions. Particular emphasis must be placed on the effects of wave attack and overtopping on the stability of the levee. Under no circumstances, how- ever, will a freeboard of less than two feet above the 100-year Stillwater surge elevation be accepted. (2) Closures. All openings must be pro- vided with closure devices that are structural parts of the system during operation and design according to sound engineering practice. (3) Embankment protection. Engineer- ing analyses must be submitted that demonstrate that no appreciable ero- sion of the levee embankment can be expected during the base flood, as a re- sult of either currents or waves, and that anticipated erosion will not result in failure of the levee embankment or foundation directly or indirectly through reduction of the seepage path and subsequent instability. The factors to be addressed in such analyses in- clude, but are not limited to: Expected flow velocities (especially in con- stricted areas); expected wind and wave action; ice loading; impact of debris; slope protection techniques; duration of flooding at various stages and ve- locities; embankment and foundation materials; levee alignment, bends, and transitions; and levee side slopes. 347 § 65.10 (4) Embankment and foundation sta- bility. Engineering analyses that evalu- ate levee embankment stability must be submitted. The analyses provided shall evaluate expected seepage during loading conditions associated with the base flood and shall demonstrate that seepage into or through the levee foun- dation and embankment will not jeop- ardize embankment or foundation sta- bility. An alternative analysis dem- onstrating that the levee is designed and constructed for stability against loading conditions for Case IV as de- fined in the U.S. Army Corps of Engi- neers (COE) manual, "Design and Con- struction of Levees" (EM 1110-2-1913, Chapter 6, Section II), may be used. The factors that shall be addressed in the analyses include: Depth of flooding, duration of flooding, embankment ge- ometry and length of seepage path at critical locations, embankment and foundation materials, embankment compaction, penetrations, other design factors affecting seepage (such as drainage layers), and other design fac- tors affecting embankment and founda- tion stability (such as berms). (5) Settlement. Engineering analyses must be submitted that assess the po- tential and magnitude of future losses of freeboard as a result of levee settle- ment and demonstrate that freeboard will be maintained within the min- imum standards set forth in paragraph (b) (1) of this section. This analysis must address embankment loads, com- pressibility of embankment soils, com- pressibility of foundation soils, age of the levee system, and construction compaction methods. In addition, de- tailed settlement analysis using proce- dures such as those described in the COE manual, "Soil Mechanics Design- Settlement Analysis" (EM 1100-2-1904) must be submitted. (6) Interior drainage. An analysis must be submitted that identifies the source(s) of such flooding, the extent of the flooded area, and, if the average depth is greater than one foot, the water-surface elevation(s) of the base flood. This analysis must be based on the joint probability of interior and ex- terior flooding and the capacity of fa- cilities (such as drainage lines and pumps) for evacuating interior flood- waters. 44 CFR Ch. 1 (10-1-05 Edition) (7) Other design criteria. In unique sit- uations, such as those where the levee system has relatively high vulner- ability, FEMA may require that other design criteria and analyses be sub- mitted to show that the levees provide adequate protection. In such situa- tions, sound engineering practice will be the standard on which FEMA will base its determinations. FEMA will also provide the rationale for requiring this additional information. (c) Operation plans and criteria. For a levee system to be recognized, the operational criteria must be as de- scribed below. All closure devices or mechanical systems for internal drain- age, whether manual or automatic, must be operated in accordance with an officially adopted operation manual, a copy of which must be provided to FEMA by the operator when levee or drainage system recognition is being sought or when the manual for a pre- viously recognized system is revised in any manner. All operations must be under the jurisdiction of a Federal or State agency, an agency created by Federal or State law, or an agency of a community participating in the NFIP. (1) Closures. Operation plans for clo- sures must include the following: (i) Documentation of the flood warn- ing system, under the jurisdiction of Federal, State, or community officials, that will be used to trigger emergency operation activities and demonstration that sufficient flood warning time ex- ists for the completed operation of all closure structures, including necessary sealing, before floodwaters reach the base of the closure. (ii) A formal plan of operation in- cluding specific actions and assign- ments of responsibility by individual name or title. (iii) Provisions for periodic oper- ation, at not less than one-year inter- vals, of the closure structure for test- ing and training purposes. (2) Interior drainage systems. Interior drainage systems associated with levee systems usually include storage areas, gravity outlets, pumping stations, or a combination thereof. These drainage systems will be recognized by FEMA on NFIP maps for flood protection pur- poses only if the following minimum 348 Federal Emergency Management Agency, DHS criteria are included in the operation plan: (i) Documentation of the flood warn- ing system, under the jurisdiction of Federal, State, or community officials, that will be used to trigger emergency operation activities and demonstration that sufficient flood warning time ex- ists to permit activation of mechanized portions of the drainage system. (ii) A formal plan of operation in- cluding specific actions and assign- ments of responsibility by individual name or title. (iii) Provision for manual backup for the activation of automatic systems. (iv) Provisions for periodic inspection of interior drainage systems and peri- odic operation of any mechanized por- tions for testing and training purposes. No more than one year shall elapse be- tween either the inspections or the op- erations. (3) Other operation plans and criteria. Other operating plans and criteria may be required by FEMA to ensure that adequate protection is provided in spe- cific situations. In such cases, sound emergency management practice will be the standard upon which FEMA de- terminations will be based. (d) Maintenance plans and criteria. For levee systems to be recognized as pro- viding protection from the base flood, the maintenance criteria must be as described herein. Levee systems must be maintained in accordance with an officially adopted maintenance plan, and a copy of this plan must be pro- vided to FEMA by the owner of the levee system when recognition is being sought or when the plan for a pre- viously recognized system is revised in any manner. All maintenance activi- ties must be under the jurisdiction of a Federal or State agency, an agency created by Federal or State law, or an agency of a community participating in the NFIP that must assume ulti- mate responsibility for maintenance. This plan must document the formal procedure that ensures that the sta- bility, height, and overall integrity of the levee and its associated structures and systems are maintained. At a min- imum, maintenance plans shall specify the maintenance activities to be per- formed, the frequency of their perform- § 65.11 ance, and the person by name or title responsible for their performance. (e) Certification requirements. Data submitted to support that a given levee system complies with the structural requirements set forth in paragraphs (b) (1) through (7) of this section must be certified by a registered professional engineer. Also, certified as-built plans of the levee must be submitted. Certifi- cations are subject to the definition given at §65.2 of this subchapter. In lieu of these structural requirements, a Federal agency with responsibility for levee design may certify that the levee has been adequately designed and con- structed to provide protection against the base flood. [51 FR 30316, Aug. 25, 19861 §65.11 Evaluation of sand dunes in mapping coastal flood hazard areas. (a) General conditions. For purposes of the NFIP, FEMA will consider storm- induced dune erosion potential in its determination of coastal flood hazards and risk mapping efforts. The criterion to be used in the evaluation of dune erosion will apply to primary frontal dunes as defined in §59.1, but does not apply to artificially designed and con- structed dunes that are not well-estab- lished with long-standing vegetative cover, such as the placement of sand materials in a dune-like formation. (b) Evaluation criterion. Primary fron- tal dunes will not be considered as ef- fective barriers to base flood storm surges and associated wave action where the cross-sectional area of the primary frontal dune, as measured per- pendicular to the shoreline and above the 100-year stillwater flood elevation and seaward of the dune crest, is equal to, or less than, 540 square feet. (c) Exceptions. Exceptions to the eval- uation criterion may be granted where it can be demonstrated through au- thoritative historical documentation that the primary frontal dunes at a specific site withstood previous base flood storm surges and associated wave action. [53 FR 16279, May 6, 1988] 349 N c~ C0 4) °o N J N N L O Q. V N O J S mss}' F uib ~ C U W O f~ ) - o od a m; u c v v /Y d c m v ~ ~ rn ID r w f v o. > L 14, Y - - > t0 N 4>ry i ~ ~ L.y jt., oO D L LL r F a+ L N O . be F ` 4 r> 4*=!::< i c.;'TM.s y O : U) CL r- ij Eoc MF z~ ID - F- O o - - / O ,L 7,19 q2 xL ~ ~ fl 14 °s ~ f 3 ~7 I ~ ~.mm I Ms. Debra Figoney, City Manager Town Hall City of Los Gatos 110 East Main Street Los Gatos, CA 95030 Dear Ms. Figoney: AEcErvED TOWN MANACiEP 5750 ALMADEN EXPWY SAN JOSE, CA 9511 B-3686 TELEPHONE (408) 265-2600 FACSIMILE (408) 266-0271 www.vaIIeywater.arg AN EQUAL OPPORTUNITY EMPLOYER Subject: Federal Emergency Management Agency Flood Insurance Map Modernization Project The Federal Emergency Management Agency (FEMA) is in the process of updating its Flood Insurance Rate Maps which show areas that FEMA designates as requiring flood insurance and special land use regulations. FEMA has been working with your floodplain administrator on this project. One aspect of the project is FEMA's request for re-certification of local levees, to demonstrate that they continue to meet current FEMA flood insurance criteria. FEMA will use this information to confirm or potentially expand their designated flood prone areas. On May 1, 2007, FEMA offered your city a "Provisionally Accredited Levee" (PAL) agreement which provides a 2-year window to re-certify levees within your community. FEMA has given communities 90 days, ending on August 2, 2007, to either accept or reject this agreement. Both your city and the Santa Clara Valley Water District (District) (as owner of the levee) must enter into this agreement, which requires providing FEMA with all the necessary information to show that the levees comply with FEMA criteria. If a levee exists in two cities, then both cities must also accept the agreement. To date, all District levees and maintenance programs that have been reviewed by federal agencies with responsibility for flood protection (FEMA and the U.S. Army Corps of Engineers) have been rated as meeting or exceeding maintenance standards. Nonetheless, producing technical studies to re-document that levees systems, particularly older ones, meet today's FEMA criteria will be costly. Both of our agencies will need to participate in developing and producing these studies and, unfortunately, there is no guarantee that FEMA will support continued accreditation for insurance purposes based on those studies. My staff has already contacted your floodplain administrator to find out if they are interested in meeting with District staff to explore interest and feasibility of entering into the FEMA PAL agreement. Due to the time constraints imposed by FEMA and the possible required action by the District Board of Directors, I am requesting your city provide an early written indication by June 15 if your city has a strong likelihood of requesting the District to enter into the FEMA agreement. If participation is likely, then our respective agencies can focus on developing the means to produce the FEMA-required documentation. I look forward to a continued partnership in flood protection and floodplain management. Sincerely,, tanley M. VIlliams Chief Executive Officer ATTACHMENT 3 sw:fd - 0503f-I.doc The mission of the Sonia Clara Volley Water District is a healthy, safe and enhanced quality of living in Sonia Clara County through watershed ~y sfewordship and comprehensive management of water resources in a practical, cost-effective and environmentally sensitive manner. T.pr May 4, 2007 MAY 1 0 2007