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FLOODPLAIN MANAGEMENT PLAN ANNUAL PROGRESS REPORT November 2016 This is a brief report to the City Council, the Mayor and the local media on the progress made in implementing the City of Burlington’s Floodplain Management Plan over the past year. The City of Burlington participates in the Community Rating System program offered by the Federal Emergency Management Agency (FEMA) for communities located in the floodplain. Participation in the program results in an automatic 25% reduction in the majority of flood insurance premiums in the City. Many areas of the United States have had significant issues with the Flood Insurance Rate Maps and the process of setting the Base Flood Elevations. The method for setting the 100-year base flood elevation has been changed to give credit for existing levees, a change from the past approach that assumed there are no levees unless the levees are certified as providing 100-year flood protection. All flood map updates are on hold until there is action by congress to approve the Levee Analysis Mapping Procedure (LAMP) and fund the restudy of each floodplain area. With the significant increases in flood insurance rates under one law, the Biggert-Waters Act, and a new annual surcharge required by the Homeowner Flood Insurance Affordability Act of 2014 (HFIAA) starting in 2015, this restudy is a key to Burlington’s future. The surcharge is not considered a “premium” and must be paid at the time of application or renewal each year until the subsidies are eliminated. The surcharge revenue will go into the NFIP Reserve Fund that is used to help cover the cost of future claims in a catastrophic event and may also be used to pay the program’s debt to the U.S. Treasury from previous catastrophic events. After new proposed National Flood Insurance Program rate maps were issued June 30, 2010, a timely appeal was filed by the City and others on how much water gets here, also known as flood hydrology. The request for a Scientific Resolution Panel on flood hydrology will likely be held until the new Levee Analysis Mapping Approach (LAMP) is approved, the restudy is funded, and maps are available to see the outcome. Local jurisdictions are working together to protect the interests of the citizens of Skagit County. One of the major concerns in the appeal of the map changes is to have the best data used on such key questions as the hydrology of the Skagit River and how much water arrives at the delta area in a 100 year flood event. The levee system protecting Burlington has been studied and work is underway to upgrade the segments of the levees to the point where they can be Certified by Engineers working for the Dike District and the City as providing 100-year flood protection, and that action is followed by FEMA Accreditation through the process titled the Conditional Letter of Map Revision. This appears to be the best way to protect the community against the economic instability that may result from potentially radical changes in base flood elevations and resulting problems with building renovation as well as new construction. ---PAGE BREAK--- City of Burlington - Annual Floodplain Management Report 2016 2 Dike District #12 is actively working on reconstructing the levee from Lafayette Road to the Railroad Bridge to meet Corps of Engineers structural standards for flood protection, at a specific levee height. The first levee segment protecting Burlington, from the cross dike at Whitmarsh to Gardner Road, is nearing completion. It is hoped that the next segment that needs work, from Gardner Road to Lafayette, will be successful in getting the necessary permits from Skagit County for next year’s construction season, after a delay in the appeals process. When the decision is finally made about flood hydrology, it will be quite simple to finish up the final elevation of the levee segments so that the Certification and Accreditation process can begin. Once Accredited, the levee segments will be considered properly in the computer modeling for determining the Base Flood Elevations in the Burlington urban area. This is expected to take a number of years to accomplish. 100-year Accredited Levees qualify for maximum credit in the mapping process. This will in turn, reduce the 100-year base flood elevations substantially. The Federal Emergency Management Agency’s position on establishing a regulatory floodway in the Skagit River delta area is that the issue is significant and that efforts at least comparable to the actions taken with adoption of the Flood Insurance Rate Maps in the mid-1980’s are needed. With this in mind, Burlington would keep Gages Slough as a Special Flood Risk Zone and keep an area of 300 feet behind the levees designated as Special Flood Risk Zone. Elevation Certificate Program Citywide certified elevation benchmark information is available in the Building Department, to help keep costs of hiring a licensed engineer to complete the Elevation Certificate to a minimum. The current requirements include more information about the location of ductwork and other project elements that can affect the performance of a structure in a flood event and it is hoped that these additional requirements will further limit potential damage. Property owners need to carefully check into flood insurance rates, particularly in light of the Biggert Waters Flood Insurance Reform Act of 2012 that sets a series of flood insurance rate increases in place to help make the program more self-sufficient. Anyone purchasing a home in the floodplain should get Elevation Certificate information early in the process and check out flood insurance requirements with a reliable insurance agency BEFORE buying. Some insurance premiums have gone up because crawl spaces over 2 feet below grade may be reclassified as a basement. You may also want to determine that the insurance agent has received training on flood insurance, verify that their map determination is accurate by checking with the city yourself, and make sure that there is a complete and accurate disclosure of your location on all documents. People who do not have mortgages are faced with the choice of getting flood insurance; mortgage holders are required to have it. In either case, the Elevation Certificate is your document that spells out the condition of your building with respect to potential flood damage. Map Determinations Because 81% of the City of Burlington is located in the 100-year floodplain, flood map determinations are made on every project, and determinations are requested by phone and in person from a variety of people on a regular basis. Map determinations consist of identifying all relevant flood information ---PAGE BREAK--- City of Burlington - Annual Floodplain Management Report 2016 3 about a parcel of land, including existing elevation, relationship to the 100-year flood elevation and required elevation for new construction, which is one foot above the 100-year flood elevation for the first occupied floor. Properties located in Special Flood Risk Zones are also identified with additional regulatons. There is an annual mailing to real estate agents, lenders and insurance agents, completed each year in the fall, reminding those in the business that there are resources available to them in the City, and of their obligation to disclose flood hazard information to their clients. Of particular importance is access to the Flood Maps and Elevation Certificate information. The City maintains copies of all FIRM maps in Skagit County, facilitating access to this public information. A log of general inquiries is kept, and every permit application is reviewed for consistency with FIRM map elevation information. Because of major changes in flood insurance regulations, this year there are additional federal resources available to assist insurance agencies. Flood Hazard Information Bulletins and other Public Outreach It is one of the City’s tasks to keep its citizens informed about the special conditions and responsibilities of living here. Each year, in the spring and fall, a new edition of the Flood Hazard Information Bulletin is mailed to the entire community of Burlington, along with a separate mailing focused on promoting flood insurance, in hopes that people will plan ahead for possible emergencies, building flood hazard protection into each home, and keeping an up-to-date emergency preparedness kit on hand. In 2014, the Program for Public Information was greatly improved thanks to the involvement of a community task force that includes a local lender, insurance agent, the Dike District and key staff members. There are several neighborhoods that are now participating in the Neighbor-to-Neighbor program, a simple plan for early notification that includes a telephone tree and ensures a much longer lead time for those who wish to evacuate early in a flood event. If any group or block watch organization wants to participate, the city will come to your meeting and help get your plan in place. Burlington has a Flood Evacuation Plan in place, ready to implement for the flood season, if it is needed. Copies are available at the Burlington Permit Center at 833 South Spruce Street. Permanent signage is installed on the evacuation routes to heighten public awareness on a daily basis. With this information, family emergency preparedness plans should now include the route to evacuate, and plans can be made to set up a meeting location for household members not on site. The community is very aware of the serious flood hazard in Burlington, the need to keep an Emergency Preparedness Kit on hand and to keep the entire family up to date with a family emergency plan. Every member of the community has the opportunity to be prepared for an emergency. It is through the public outreach tools that the public is made aware of progress on flood hazard mitigation projects, the elevation certificate program, the materials available in the library, and some of the natural and beneficial functions of floodplains. Each edition of the Flood Bulletin is updated to provide the community with the latest status information on current issues, projects and programs. This is also available on line at the City of Burlington website, http://www.burlingtonwa.gov/. There is also a flood hazard mitigation topic on each Community Meeting Agenda, providing an informal opportunity to discuss issues and make recommendations to the city. There is a major focus on ---PAGE BREAK--- City of Burlington - Annual Floodplain Management Report 2016 4 improving water quality through Low Impact Development techniques, along with restoring wetland functions on Gages Slough and improving public access. Gages Slough restoration projects to improve water quality and habitat are scheduled whenever funds are available. There are three completed restoration projects that have a long term monitoring and maintenance program to ensure the survival of the native vegetation that is needed to buffer the wetland habitat, instead of a site filled with blackberries and other nuisance plants. Public disclosure at time of sale is the responsibility of Realtors Local Realtors are very cooperative because of the significance of location in the floodplain in today’s real estate transactions, particularly in light of the mandatory flood insurance requirement. State legislation on flood hazard disclosure is supported by the City. However, because of the issues that have been identified through research on specific properties, it is strongly recommended that the seller and the buyer also do their own research through the Burlington Permit Center. It is critical to gather all the facts. Flood Protection Library available in City Library The Library collection is up to date, and it includes the Skagit County Natural Hazard Mitigation Plan, and many publications from the Federal Emergency Management Agency on a wide variety of flood hazard mitigation topics. A comprehensive supply of all FEMA and local documents is reflected in the Library collection, ranging from the original flood studies conducted to establish the FEMA mapping system to the most current data. Technical Information is available at Permit Center Up to date technical reference material is available to assist project proponents in developing the design details for flood proofing and structural and non-structural measures necessary to fully comply with the flood plain regulations. Technical information for flood hazard mitigation related to construction is necessary with every building permit and pre-application conference for projects located in Burlington. Information on the best ways to flood proof, how to handle mechanical equipment and ductwork, and many other topics is available. The latest technical bulletins on handling crawl spaces and basements and the current elevation certificate forms are available at the Permit Center. Gages Slough and the Skagit River Shorelines The Gages Slough Management Plan includes specific opportunities for restoration projects along its course through Burlington. This program has an increased focus on regular water quality monitoring, targeting pollution at the source, and long term maintenance and management. The goal for the near term is to target specific actions the city can take to optimize the three outcomes of improving water quality, natural function, and interior drainage capability. Some ideas include innovative concepts such as constructed wetlands next to the Slough to clean water using natural ---PAGE BREAK--- City of Burlington - Annual Floodplain Management Report 2016 5 means. This will in turn mitigate the impact of water quality on listed species under the Endangered Species Act in the Skagit River, which is the outfall of Gages Slough. The Gages Slough Management Plan is a long range program that focuses on educating property owners and businesses to use Best Management Practices to improve water quality. There is also a major component of the project that involves cleaning up existing road runoff, over a long period of time. The Public Works department has implemented new best management practices to mitigate the impact of road maintenance work on endangered species. Regulatory approaches are combined with continued public education and positive encouragement, to maximize the effectiveness of the program. Surface water management quality is long term focus Planning is underway for an innovative surface water quality treatment program, utilizing the natural functions of Gages Slough as the starting point for “green infrastructure”, combining engineering techniques with native plantings to clean the water. With the rigorous standards of the Department of Ecology for storm water quantity and quality, innovative approaches are becoming the standard. The use of Rain Gardens and Pervious Concrete are more widely integrated into plans for new construction and redevelopment. This is the fourth year of a new approach to the annual inspection of stormwater facilities and it continues to be effective. Every site is notified of the maintenance requirements and given a timeline to complete the work and report back to the city, before the annual inspection. Property owners are very cooperative in cleaning up problems. The program includes inspection of manholes, vaults, and pipes as well as detention/retention ponds. Enforcement action on illegal use of storm drains is handled on a complaint basis. Installation of “No Dumping” signs has provided an additional code enforcement tool, eliminating that famous excuse of ignorance. The Surface Water Management program in Burlington has expanded because of the rapid pace of growth and development in the community. Mapping features an automated data base and the Flood Evacuation Plan The Geographic Information System is continuing to expand and provide additional useful applications for individual parcels and the city as a whole. Detailed topographic maps are now in AutoCAD along with a number of other layers, such as assessor’s data, parcel layout, right of way and utilities. Parcel data includes elevation information in the database with more detail to assist property owners. Surveyed elevation benchmarks were all updated in 2015, located throughout Burlington, and that information is available at the Building and Planning Departments. City Flood Planning is part of Skagit County Natural Hazards Mitigation Plan The Federal Disaster Mitigation Act of 2000 required development of a revised Floodplain Management Plan to include all natural hazards. The process for the second five year update of the multi- jurisdictional all natural hazard mitigation plan was completed and approved by the State Department of Emergency Management and the Federal Emergency Management Agency. This plan is a prerequisite for access to future Hazard Mitigation Grant funds that are critical to the area following a disaster. The Skagit County Natural Hazard Mitigation Plan includes the Burlington Floodplain Management Plan and the Flood Emergency Plan. ---PAGE BREAK--- City of Burlington - Annual Floodplain Management Report 2016 6 The Flood Emergency Plan is operational and is tested annually. The citywide fire alarm is tested it is used in the evacuation procedure in the event of a flood. The Flood Evacuation Plan, including early notification to accommodate a variety of needs, and annual update by the city helps keep the community ready. The fall exercise to test the regional Flood Emergency Plan is scheduled for Flood Awareness Week. The goal is to insure full preparedness for the flood season. Dike District #12 maintains the best dike system in Skagit County Substantial improvements are continuing to the levee system, with major upgrades under construction between the Railroad Bridge and Lafayette Road. The levees are being widened from 14 feet to 35 feet at the top and the back-slope increased from a 2:1 slope to a 6-8:1 slope. This will allow for overtopping of the dikes in a major flood event, with a smooth, slow flow. Evacuation would occur well in advance of that event. Active work to upgrade the levee system began in 1996 and continues today. Because of the grave consequences of the proposal by the Federal Emergency Management Agency to increase the theoretical 100-year base flood elevations in Burlington that is now on hold while the new LAMP process is being implemented, the Dike District is working to upgrade the levee system to become Certified Levees that provide 100-year flood protection. The goal is 100-year levees in the urban area, and 50 to 80-year levees in the rural area, to preclude encouraging development in rural areas while protecting the City of Burlington. Burlington is in partnership with Dike District #12 and together, substantial progress is being made on local flood hazard mitigation projects on the ground. It is great to see the progress in major efforts that are underway to directly protect Burlington from the 100-year base flood event. Conclusion There are several significant cornerstones in the Burlington Floodplain Management Plan, including Elevation Certificates, on-going Public Education and Community Involvement, long range planning for the future of Gages Slough and the Skagit River Shorelines, and strong emergency management procedures including preparing for emergencies in advance and educating the community on evacuation routes. This is an on-going program that is vital to minimizing future losses in the event of a major flood. The Burlington Natural Hazard Mitigation Plan has been updated to add 100-year Levee Certification and Accreditation as a key the future, with a continued emphasis on hazard mitigation actions and a broad spectrum of public involvement.