HomeMy WebLinkAboutSand Replacement Policy _ III
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MEMORANDUM FOR: Regional Administrators
Acting Regions Administrators
Regions 4 - X
ATFENTfON: Disaster Assistance Division Directors
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PROM: Elizabeth A. Zimmern-La3l
Assistant Administrator "
Disaster Assistance Directorate
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SUBJECT: Disaster Assistance Fact Sheet Di'V9540.8
Eligible Sapid Replacenienz on.Public Beaches
The purpose of this memorandum is to announce the,issuance of the attached final Disaster
Assistance Fact Sheet DAP9580.8,Eligible Scsnd Replacement on ,Public. Fetiches. This fact sheet
is applicable to all major disasters and erne°rgcncies declared cu or after the date of publication.
If you have any questions about this Fact Sheel,please cartact Byron i1,:lason, Public Assistance
Division, via cmail at Byron.Mas on cc;dhs.gov, facsimile (262)646-3304, or phone
(202) 646-4368. ;r
Attachment
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ELIGfBLE SAND REPLACEMENT ON �� h
BEACHES �
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A beach is
an area of unprotected, unconfined sand along a body
of water subject to winds tides, 'll
currents, and/or waves. When conducting evaluations of sand losses due to storm-induced erosion,
the entire beach profile must be considered. The beach profile includes a dune or elevated back
beach,a ,< backshore consistingof a relative/ flat berms above high tide or high water and a sloped
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foreshore that is subject to variations in water levels, and a sub-a ueous nearshore zone that is
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influenced by the tides,currents, and waive action(USACE,2003). The beach-profileis very dvn::'.'
constantly changing with changes in the tides,currents, and wave action that affect it. Said rho
from the dune and/or ar berm to floe foreshore and --�
1 r sub � uEous nearsktore zone and back again. 'T'1-i:::
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movement or redistribution of sand within the beach profile is a:natural process that does not
constitute beach damage.
Occasionally a storm causes such dramatic changes in the tides,current:, and wave actions that affect
a beach,that sand is moved outside of the beach profile. It is moved too far on-shore, off-shore,or
along-shore such that it is not recoverable by natural processes. In these cases,the beach is � 'I
considered damaged.by the storm. `
The Robert T. Stafford Disaster Relief anal };rztergc'ney Assistance Act(Stafford Act),42 U.S.C.51.21-5206, �
as amended,Sections 405 and 406; and 44 Cade of Federal Regulations (CFR)§§206.225,Emergency
work,and 206,226,Restoration of darnaged facilities,authori7c FEIMA's Public Assistance(PA)
Program to fund replacement of sand on damaged public beaches under certain conditions.
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Eligibility is divided into two areas: emergency work and permanent work(restoration of
facilities). 'Mis Fact Sheet addresses eligibility requirements for each area.
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FEMA will review proposed sand replacement projects for compliance with the 2ndangered Species
Act,Coastal Farrier resources Act,and the National Historic Preservation Act. In addition,the
applicant is responsible for obtaining all permits as regLiired by applicable Federal,State,Tribal, or
local regulatory agencies including,but not limited to,permits under Section 404 of the Clean Water
Act and Coastal Zune Management Act.
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ELIGIBLE SAND REPLACEMENT EMENT ON
PUBLIC BEACHES
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Emergency work,in accordance with 44 CFR§206.225(x)(3),is eligible for I'A fund ing when it is
necessary to:
o Eliminate or lessen immediate threats to life, public health,or safety; or
o Eliminate or lessen immediate threats of significant additional darnage to unproved propen.:
Immediate threat means the threat of additional damage or des trUction from an event which .
can reasonably be expected to occur within five years(see 44 CFR§206.221(c));and
Emergency work to eliminate or lessen immediate threats of additional damage to improved
property must be cost effective(see 44 CFR §206.225(a)(3)(ii)).
If a beach has eroded to a point where a five-year storm or flood event will damage improved
property,Cast-effective emergency work on the beach may be eligible. Irrroved propertyis �
defined as a "structure., facility or iter-.of equipment which was built,constructed or � f
manufactured" according to 44 CFR§206.221(d), Definitions.
Emergency work on beaches typically includes the construction of a temporary sand berm to
protect against additional damage from a five-year storm. These sand berths are not intended to
be permanent, only to provide protection from immediate threats.
FEMA determined the five-year flood protection criterion for emergency work froth.a frequen,:a
versus average dune erosion relationship that the Na tional Flood Insurance Program developeu
for application on a nationwide basis(FEMA, 1988). for a five-year event, the average expected .
erosion above the five-year stillwater elevation (the maximum storm--induced water-surface
elevation, primarily a combination of the normal tide and the storm surge) is 6 cubic yards per
linear foot(CY/LF)of shoreline.
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Emergency berms can be constructed with sand recovered from the to _tide bea
eh (foreshore.
wzd nearshore zone) and/or over-wash areas. If insufficient quantities are available to be d
recovered,and/or if state and/or local regulations prohibit these actions,sand can be imported to
construct the emergency berms,if the applicant demonstrates that it is cost-effective. The source
of imported sand must meet all applicable enviroFtmental protection regulations in order to be
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eligible for FI MA funding. These berms should h.averia more than 6 CY/LP of sand above the j
five-year stillwrater elevation. in some cases it may be necessary to place sand below the five-year f
elevation to provide a base for the berm. The placement of that sand is also eligible as part of the
emergency protection. If G CYf LF of sand didnot exist above stillwatex elevation before the
event, the emergency berm and total amount of sand replaced is limited to the amount of sand.
eroded by the disaster event. I
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ELIGIBLE SAND REPLACEMENT ON
PUBLIC BEACHES3 .
® The fallowing items are NOT eligible emergency protective measures:
o Sand placement in isolated areas of severe erosion as it does not protect improved property;
o Protection of improved property that Evill not be damaged by an event with a 20 percent
chance of occurrence each year;or
o Protection of unimproved property.
FEivfA provides grants for the repair,restoration,reconstruction,or replacement of public
facilities on the basis of their design as they existed immediate) prior to the disaster see
immediately
44 CFR 206.226 . In acco f
§ xcla ice with 44 CFR 2
} 06.22Fi � 2
a beach
§ may be considered a �
eligible facility when:
o The beach was constructed by the placement of imported sand{of
proper grain size) a
designed elevation,width, .and slope;
a A maintenance program n-wolving periodic renourishment with imported sand has been
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lied and adhered to by the applicant;and
a The maintenance program preserves the original design.
To document eligibility of the beach as a designed and maintained facility,the applicant should p
Provide the following information to FEMA.:
o All design studies, plans,construction.documents, and as-bui Its for the original nourishment,
shrrtent;
o All studies,plans,construction documents, and as-builts for every re:nourislunent;
o Documentation and details of the maintenance plan,including how the need for. renourishmeri °i
determined and Funded; and
o S're-and post-storm profiles that extend at least to the seaward edge of the sub-aqueous m, yore
zone(closure depth, usually-15 to-20 feet).
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® The amount of sand eligible for replacement with permanent work funding is limited to the
amount lost its a result of the disaster event. The pre-anal
ost-storm.profiles are used to
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determine the eligible vol-Lime of sane). 7f pre-storm profiles are not available, the estimated.
erosion from the design study and renourishment history can be used to determine a pre-storm
condition.
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The cost to replace sand that eroded prior to the disaster is not eligible for FEMA funding.
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However,the applicant is encouraged to renourish the project to the design,
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ELIGIBLE SAND REPLACEMENT ON
PUBLIC BEACHES .�
® Not all beach nourishments are eligible For PA funding as a designed and maintained facility.
The following are typically not eligible-
* Emergency or"one-time"nourishments,even if to a design, are not eligible projects because the.v
do not have an established and adhered to maintenance program.
a Emergency or "as-needed" renourishments when the beach has eroded to a critical.condition(all
of the original nourishment gone), are not eligible maintenamce programs. A portion of the
improved beach must be maintained through scheduled renourishments.
o Rencurishments must be to the project design;partial renourishments or"hot-spot" y
nourishments are not considered maintenance of the improved project.
o Sand placed on a beach from a channel maintenance project is not an eligible beach nourishment I
project. The sand placed on.the beach(dredge spoils) is not selected to meet compatibility design,
criteria, and the amount placed is dependent on the amount dredged,not a design. if removal of
sand from the maintained channel is eligible for PA funding, disposal of the sand spoils on the �
beach may be eligible as part of that project.
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® Work to restore or replace sand on an unimproved natuval beach is not eligible fai FLMA assift--(1,-J
as natural beaches are not constructed and.maintained to a design(see 44 CPE.§206.226(j)).
Federal.Efnergency Management Agency, Basis of Erosion Assessment Procedures for Coastal Flood
Ingarance Studies,Washington,DC,November 1988. j
U.S.Army Corps of Engineers, Coastal Engineering iManual,EM 11.10-2-1.100, Change 1,
Washington,DC,July 2003.
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Eliabh A. Ziinrrter� an Date
Assistant Administrator
Disaster Assistance Directorate
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