Kentucky NRCS

Emergency Watershed Protection Program

Emergency Recovery Plan, February 2009

Updated 02/06/2009

Introduction

On January 27, 2009, Kentucky Governor Steve Beshear declared the Commonwealth of Kentucky to be in a state of emergency, due to a powerful winter storm which paralyzed much of the State.   Roads, power lines, trees, and buildings were encrusted in a heavy blanket of ice and snow, and over 1 million Kentuckians lost power, especially in western Kentucky.  The primary areas of concern statewide were the downed electric lines and trees plus providing shelter for residents without power. Emergency crews worked 12 hour shifts to keep main roads at least passable, but were hampered by falling trees and sagging power lines. At one point, snow plows were out in 105 Kentucky counties. 

On January 29, 2009, President Barack Obama signed a request from Governor Beshear for federal emergency declaration.  Beshear had asked the Obama administration for a federal disaster declaration to obtain additional funding for dealing with power outages and cleanup.  According to the letter Beshear sent President Obama, costs associated with the storm were at $5 million in damages.  The State, along with 68 counties and 36 cities, were operating under a state of emergency as ice continued to drag down power lines and branches clogged roadways and streams.  The National Guard was deployed to assist communities and has been working around the clock to repair power lines downed by thick ice in both states. 

As of the first week in February, the National Guard, power companies, and local municipalities are still working to open roads, repair power lines, and operate emergency shelters.  Governor Beshear has requested that the President declare Kentucky a “major” federal disaster as the revised estimated damages are in excess of $40 million dollars statewide.

List of Agency Contacts

See Appendix C for a list of emergency services contact for Kentucky.

Roles and Responsibilities under the EWP Program

The purpose of the NRCS Emergency Watershed Protection (EWP) program is to undertake emergency measures, including the purchase of flood plain easements, to safeguard lives and property from floods, drought, and erosion whenever a disaster has impaired a watershed.  The EWP objective is to assist sponsors and individuals in implementing emergency measures to relieve imminent hazards to life and property.

Activities can include providing financial and technical assistance to remove debris from streams, protect destabilized streambanks, establish cover on critically eroding lands, repairing conservation practices, and the purchase of flood plain easements. The program is designed for installation of recovery measures.  Work is authorized by section 216, P.L. 81-516, (33 U.S.C. 701b1) and Sections 403-405, P.L. 95-334, (16 U.S.C. 2203-2205). 

The following is an excerpt from Section 216, P.L. 81-516 (as amended) that pertains to NRCS EWP Program:

Program Activation: 

Federal and/or State disaster declarations

Eligible Sponsors:

Counties, municipalities, and other local governmental entities such as conservation districts, drainage districts, municipal utilities districts, etc.

Sponsor Responsibilities: 

Provide local share of costs (25%) which can be done through in-kind services

Secure land rights

Secure required permits

Carry out any post-project operation and maintenance that may be required

NRCS Responsibilities:

Provide team for planning assistance and develop the Damage Survey Report or DSR

Compile requests for assistance and prioritize at the State Office level

Request funding from NRCS Headquarters, Washington, DC

Program Purpose:

Reduce threats to life or property from watershed impairment- erosion, debris and/or sediment

Provide protection from additional flooding or soil erosion

Remove debris that would affect runoff or erosion

Restore hydraulic capacity and/or reduce resource threats to a stable condition

Kinds of damages that are eligible for EWP Assistance vary depending on the emergency situation. Typical EWP project examples include:

• Flood debris in streams or on floodplains

• Severely eroded streambanks and/or drainage ditches

• Severe scouring at culvert entrances and exits

• Gullied road ditches

Kinds of damages that are ineligible for EWP Assistance are listed below.

• Damage from a “normal” storm event.  This work should be done by sponsors as routine operation and maintenance

• Damage that existed before the disaster event. EWP funds cannot be used to fix pre-existing problems unless the damage due to the storm event is significantly greater than the pre-existing condition of the site and the preexisting condition did not cause a significant impairment to the watershed

• Washed out roads, bridges, culverts, and/or utilities

• Erosion that only threatens farmland, woodland, or pastureland

• Damage to structures installed by other federal agencies, such as canals and drainage channels built by the Corps of Engineers

Projects completed through the EWP Program generally fall into three main categories:

1. Debris Removal: remove debris that affects runoff so that the hydraulic capacity of a drainage or watershed is restored to pre-disaster conditions. 

2. Green Debris Removal: remove green debris, primarily downed trees, from roadways and other public areas that pose a health and safety risk to the public.  This debris poses a threat to drainage and waterways in the future.

3. Bank Stabilization: reduce excessive erosion that impairs the proper function of a watershed.

Permits

The sponsors are the responsible for obtaining all necessary federal, state or local permits required for any EWP project.  In emergency situations, NRCS may assist the sponsors in contacting the appropriate agencies to expedite the permitting process.  Permits required for EWP project work are dependent upon the severity and location of the work to be performed, the resources involved, and the degree of risk to life and property. 

 Required permits may include:

1. 1. Kentucky Division of Water, Water Quality Certification, Section 401 This permit is issued by KDOW and issues that actions are taken to protect downstream water quality from sedimentation.

2. Kentucky Division of Water, Permit to Construct Across or Along a Stream

3. 3. US Army Corps of Engineers, Section 404 Permit Sections 404 of the Clean Water Act regulates the discharge of dredged, excavated, or fill material in wetlands, streams, rivers, and other U.S. waters. The U.S. Army Corps of Engineers is the federal agency authorized to issue Section 404 Permits for certain activities conducted in wetlands or other U.S. waters.

4. Consultation with US Fish and Wildlife Service regarding threatened and endangered species.

Endangered Species Act Emergency Consultation

The environmental evaluation (KY-NRCS-CPA52) conducted on EWP projects will be used to screen for threatened and endangered species.  A DART biologist will determine the potential for impact on T&E species during an initial field inspection of the project site.  Consultation with the US Fish and Wildlife Service may be required in those situations where EWP work could impact T&E species.

Cultural Resource Consultation

In major disasters, the Chief of NRCS may apply to the Secretary of the Interior for a waiver of NRCS cultural resources responsibilities under 36 CFR 78 in order to get the recovery work completed in a timely manner.  However, the majority of EWP work should follow the standard Kentucky procedure for clearance on cultural resources.  The District Conservationist should contact the NRCS Cultural Resources Specialist for a cultural resources review.  If cultural resources are found in an area for which EWP construction or ground disturbing activity is planned, the District Conservationist and Cultural Resources Specialist will work with the State Historic Preservation Office (SHPO) to determine an acceptable scope for the project.

Wild and Scenic Rivers

Completion of the environmental evaluation (CPA-52) will determine if the proposed project could impact wild and scenic rivers.  A list of Kentucky special use waters is located at http://nrepcapps.ky.gov/special_waters?SpecialCAH.asp?CAH=Y.

Workflow for the KENTUCKY EWP Program

The Kentucky EWP Program manager provided the following information to all employees in Bulletin No. 390-9-3 which was issued on February 3, 2009.  The following steps provide a clear outline of necessary action and responsible parties to successfully implement the EWP Program.

STEP 1       STC and STC Office Mgr:

As State Conservationist (STC) receives letters of request from sponsors they will be scanned then emailed to the appropriate DC and Area Administrative Coordinator (AAC) with a copy going to the AC for information.

STEP 2       DC:

• Complete page one of the DSR form and place it in “Pending” folder

• Email Dart Team and AAC to notify them that page one of the DSR is complete and provide the file name of the DSR.  (Name the DSR with the following convention State code, three digit county code, FY, storm event for year, number received of request received for that county (use 001 for first). Ex. Ohio County 1^st letter would be 21_ 183 _09_01_001)

                Area Administrative Coordinator (ACC):

• Log Letter of request on tracking spread sheet

STEP 3       Area Administrative Coordinator (ACC):

• Once notified by DC that page one DSR log is complete, log DSR number, date page 1 was completed and date DART team was notified on the tracking sheet.

• Move DSR to “DSR folder” and email appropriate DART Team Leader to complete DSR.

STEP 4       Dart Team Leader (one or more of members of the inter-disciplinary team should complete DSR and go onsite):

• Contact Local Government Contact

• Notify DC

• Make site visit to complete DSR

• Determine if site is an exigency and is eligible

• If it is eligible and an exigency complete DSR

• Notify AAC that DSR is complete

• Complete drawings, designs and cost estimate

• Provide sponsor with land rights form to be completed

STEP 5       Area Administrative Coordinator (ACC):

• Once notified by Dart Team Leader, AAC will update Tracking Sheet with completed DSR date, exigency and eligibility status and date when the Project Agreement was sent to State Office.

• Move DSR to “Area Project Agreement Folder” and email Lori Baker and Program Manager to let them know it is ready for their attention.

STEP 6        Program Manager (PM):

• Review and Sign completed DSR and Forward to STC for Signature

• Provide Lori Baker scanned file with PM and STC signature

STEP 7       Administration:

• Lori Baker will oversee the progression of the Project Agreement

• Develop the Project Agreement

• Communicate needs to the DC who will gather all necessary financial and land rights information.

• Providing a copy to the PM\ State Conservationist (STC), and DC

• Notify AAC that Project Agreement has been approved

STEP 8       DC:          Get Sponsor signature on Project Agreement and then forward to State Conservationist

                    Area Administrative Coordinator (ACC):    Update the Tracking Sheet with date of Project Agreement completion, STC signature date and approved for funding status (yes/no).

STEP 9       STC:       Execute Project Agreement

Preferred Methods of Contracting EWP Projects

Force Account Agreement–EWP project work will be conducted with sponsors using their own equipment, workers and supervisory personnel.  Personnel must have adequate experience to manage the type of work planned.  The estimated costs of Force Account Agreement projects are limited to $150,000.  An agreement and plan of work must be negotiated and signed prior to beginning work, and NRCS will reimburse 75 percent of the cost of the installation and 100 percent of the cost of services.  Sponsors are required to keep detailed reports of expenses incurred to support their requests for reimbursement. 

Contracting Local Organization (CLO) – Under a CLO, the sponsors award and administer the contracts using applicable state and local laws and regulations.  During performance of the contract, NRCS will provide a government representative and inspector to ensure technical compliance and insure that the project specifications are followed as planned. The sponsor appoints a contracting officer and is responsible for completing a solicitation package notifying potential bidders of the issue date.  NRCS will provide plans and specifications for project measures to be installed under EWP.  The sponsor will also conduct a site showing, issue amendments, conduct the bid opening, abstract the bids, evaluate the apparent low bidder, award the contract, obtain applicable bonds, issue notice to proceed and then administers the contract, with assistance from NRCS. 

The sponsor has the option to complete the designs, specification preparation, and inspection.  This value can be applied to their installation cost share requirement.

Federal contract - NRCS will contract when requested by the local sponsors, and procedures used are based on Federal Acquisition and Agriculture Acquisition Regulations.  Adequate landrights must be obtained by the sponsor and a project agreement must be signed by both parties prior to contracting.  The agreement will identify the cash and/or in-kind credit given toward the sponsor’s required cost share.

A sponsor may perform certain elements of the project work with their own forces or with in-kind services (contributed labor, equipment and/or materials).  A firm, agreed-to price for the value of the sponsor’s in-kind services will be included in the project agreement.  Sponsors should perform their work prior to NRCS awarding a formal contract. 

Appendices

Appendix A.  Sample EWP Request Letter (Kentucky)

Appendix B.  Sample Property Access Agreement

Appendix C.  Emergency Agency Contacts (Kentucky)

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