o The Papio-Missouri River Natural Resources District submitted an HMGP application through the Nebraska Emergency Management Agency (NEMA) for HMGP funding of the Western Sarpy Levee in Sarpy County, Nebraska, a major flood control project. The project was not approved under HMGP, and a 1st level appeal was denied by Region VII.
• Reason for Denial
o Information in support of the HMGP application and the 1st appeal was not adequate for a determination of HMGP eligibility by Region VII. Issues included the height of the levee, the need for an effective Operations and Maintenance (O&M) plan with emphasis on conditions associated with ice jams, cost effectiveness with consideration of ice jam conditions, and potential levee-induced flood hazards for specific locations adjacent to the Platte River.
o 44 CFR 206.434 - HMGP Eligibility; 44 CFR 206.440 - Appeals
o The Applicant, NEMA, supported the 2nd appeal to overturn the 1st appeal denial, regarding the HMGP ineligibility of the proposed project to construct the Western Sarpy Levee; additional information was needed to enable a determination in favor of the proposed project and HMGP eligibility.
• FEMA Findings
o The 2nd appeal decision overturned the 1st appeal denial, approving HMGP funding in support of the Western Sarpy Levee.
o The rationale for 2nd appeal approval was based on information developed through engineering analysis, previously unavailable to Region VII, and conditions for approval. The approval was conditioned on limiting the levee height to the 50-year flood elevation; provision and approval of an O&M plan addressing ice jam conditions and compliance with Executive Order 11988, and strict floodplain management behind the levee with adjacent property owner coordination; and a finding of No Significant Impact pending review of an Environmental Assessment prepared by FEMA.
o Reference(s): 44 CFR 206.434 - HMGP Eligibility; 44 CFR 206.440 - Appeals