The Federal Emergency Management Agency (FEMA) hereby gives notice to the public of its intent to reimburse eligible applicants for eligible costs to repair and/or replace facilities damaged by flooding on June 29th-July 1st, 2020. This notice applies to the Public Assistance (PA) and Hazard Mitigation 404 Grant (HMGP) programs implemented under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §§ 5121-5206.
Under a Stafford Act declaration (FEMA-4565-DR-ND) signed by the President on October 2nd, 2020, Benson, Grand Forks, McKenzie, Mountrail, Nelson, and Wells Counties, have been designated as adversely affected by the June 29th-July 1st, 2020 flooding and are eligible for PA. All jurisdictions in North Dakota are eligible to apply for assistance under the HMGP.
This public notice concerns activities that may affect historic properties, activities that are located in or affect wetland areas or the 100-year floodplain, and critical actions within the 500-year floodplain. Such activities may adversely affect historic properties, river and stream water quality, floodplains or wetlands, threatened and endangered species or may result in continuing vulnerability to flood damage. For routine activities, this will be the only public notice provided. Subsequent public notices regarding such projects will be published if necessary, as more specific information becomes available.
Presidential Executive Orders 11988 and 11990 require that all federal actions in or affecting the floodplain or wetlands be reviewed for opportunities to relocate, and evaluated for social, economic, historical, environmental, legal and safety considerations. Where there is no opportunity to relocate, FEMA is required to undertake a detailed review to determine what measures can be taken to minimize future damages. The public is invited to participate in the process of identifying alternatives and analyzing their impacts through this notification.
FEMA has determined that for certain types of facilities there are normally no alternatives to restoration in the floodplain/wetland. These are facilities that meet all of the following criteria: 1) FEMA’s estimate of the cost of repairs is less than 50-percent of the cost to replace the entire facility, and is less than $100,000; 2) the facility is not located in a floodway; 3) the facility has not sustained major structural damage in a previous presidentially declared flooding disaster or emergency; and 4) the facility is not critical (e.g., the facility is not a hospital, generating plant, emergency operations center, or a facility that contains dangerous materials). FEMA intends to provide assistance for the restoration of these facilities to their pre-disaster condition, except that certain measures to mitigate the effects of future flooding or other hazards may be included in the work. For example, a bridge or culvert restoration may include a larger waterway opening to decrease the risk of future washouts.
Other activities and those involving facilities that do not meet the four criteria are required to undergo more detailed review, including study of alternate locations. Subsequent public notices regarding such projects will be published if necessary, as more specific information becomes available.
In many cases, an applicant may have started facility restoration before federal involvement. Even if the facility must undergo detailed review and analysis of alternate locations, FEMA will fund eligible restoration at the original location if the facility is functionally dependent on its floodplain location (e.g., bridges and piers), or the project facilitates an open space use, or the facility is an integral part of a larger network that is impractical or uneconomical to relocate, such as a road. In such cases, FEMA must also examine the possible effects of not restoring the facility, minimize floodplain/wetland impacts, and determine both that an overriding public need for the facility clearly outweighs the Executive Order requirements to avoid the floodplain/wetland, and that the site is the only practicable alternative. State of North Dakota and local officials will confirm to FEMA that proposed actions comply with all applicable state and local floodplain management and wetland protection requirements.
FEMA also intends to provide HMGP funding to the State of North Dakota to mitigate future damages. These projects may include construction of new facilities, modification of existing and undamaged facilities, relocation of facilities out of floodplains, demolition of structures, or other types of projects to mitigate future damages. During developing project proposals, subsequent public notices will be published, if necessary, as more specific information becomes available. As noted, this may be the only public notice regarding the above-described actions under the PA and HMGP programs. Interested persons may obtain information about these actions or a specific project by writing to the Federal Emergency Management Agency Region VIII Office Denver Federal Center, Denver, CO 80225. Comments should be sent in writing to Mr. James Stephenson, Federal Coordinating Officer (FCO), at the above address within 15 days of the date of this notice.