[Senate Hearing 115-370]
[From the U.S. Government Publishing Office]
S. Hrg. 115-370
OVERSIGHT HEARING ON REPEATED FLOODING EVENTS IN ELLICOTT CITY, MD:
REVIEWING THE FEDERAL ROLE IN PREVENTING FUTURE EVENTS
=======================================================================
FIELD HEARING
BEFORE THE
SUBCOMMITTEE ON TRANSPORTATION
AND INFRASTRUCTURE
of the
COMMITTEE ON
ENVIRONMENT AND PUBLIC WORKS
UNITED STATES SENATE
ONE HUNDRED FIFTEENTH CONGRESS
SECOND SESSION
__________
AUGUST 20, 2018--ELLICOTT CITY, MD
__________
Printed for the use of the Committee on Environment and Public Works
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Available via the World Wide Web: http://www.govinfo.gov
U.S. GOVERNMENT PUBLISHING OFFICE
32-416PDF WASHINGTON : 2018
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
ONE HUNDRED FIFTEENTH CONGRESS
SECOND SESSION
JOHN BARRASSO, Wyoming, Chairman
JAMES M. INHOFE, Oklahoma THOMAS R. CARPER, Delaware,
SHELLEY MOORE CAPITO, West Virginia Ranking Member
JOHN BOOZMAN, Arkansas BENJAMIN L. CARDIN, Maryland
ROGER WICKER, Mississippi BERNARD SANDERS, Vermont
DEB FISCHER, Nebraska SHELDON WHITEHOUSE, Rhode Island
JERRY MORAN, Kansas JEFF MERKLEY, Oregon
MIKE ROUNDS, South Dakota KIRSTEN GILLIBRAND, New York
JONI ERNST, Iowa CORY A. BOOKER, New Jersey
DAN SULLIVAN, Alaska EDWARD J. MARKEY, Massachusetts
RICHARD SHELBY, Alabama TAMMY DUCKWORTH, Illinois
CHRIS VAN HOLLEN, Maryland
Richard M. Russell, Majority Staff Director
Mary Frances Repko, Minority Staff Director
----------
Subcommittee on Transportation and Infrastructure
JAMES M. INHOFE, Oklahoma, Chairman
SHELLEY MOORE CAPITO, West Virginia BENJAMIN L. CARDIN, Maryland,
JOHN BOOZMAN, Arkansas Ranking Member
ROGER WICKER, Mississippi BERNARD SANDERS, Vermont
DEB FISCHER, Nebraska SHELDON WHITEHOUSE, Rhode Island
JERRY MORAN, Kansas JEFF MERKLEY, Oregon
JONI ERNST, Iowa KIRSTEN GILLIBRAND, New York
DAN SULLIVAN, Alaska EDWARD J. MARKEY, Massachusetts
RICHARD SHELBY, Alabama TAMMY DUCKWORTH, Illinois
JOHN BARRASSO, Wyoming (ex officio) CORY A. BOOKER, New Jersey
THOMAS R. CARPER, Delaware (ex
officio)
C O N T E N T S
----------
Page
AUGUST 20, 2018
INTRODUCTORY STATEMENT
Kittleman, Allan, Howard County Executive........................ 1
OPENING STATEMENTS
Cardin, Hon. Benjamin L., U.S. Senator from the State of Maryland 2
Van Hollen, Hon. Chris, U.S. Senator from the State of Maryland.. 4
WITNESSES
Cummings, Hon. Elijah E., U.S. Representative, State of Maryland. 5
Prepared statement........................................... 9
Rodrigues, Cecil, Deputy Regional Administrator for Region 3,
U.S. Environmental Protection Agency........................... 12
Prepared statement........................................... 14
Litz, Colonel John T., Commander, Baltimore District, U.S. Army
Corps of Engineers............................................. 17
Prepared statement........................................... 19
DeLuca, Mark, Deputy Director and Chief of Environmental
Services, Howard County Department of Public Works............. 30
Prepared statement........................................... 32
Weinstein, Jon, Council Member, District 1, Howard County Council 33
Prepared statement........................................... 35
Kubofcik, Grace, President, Board of Directors, Patapsco Heritage
Greenway, Inc.................................................. 38
Prepared statement........................................... 40
Fleming, Matthew H., President, Board of Directors, Ellicott City
Partnership.................................................... 43
Prepared statement........................................... 45
ADDITIONAL MATERIAL
Response to Congressional Testimony on 20 August 2018, from the
U.S. Army Corps of Engineers................................... 55
Letters and Testimony:
From Abigail Bardi, September 3, 2018........................ 57
To Senators Inhofe and Cardin from Len Berkowitz and Sherry
Fackler-Berkowitz, August 20, 2018......................... 62
To Senator Cardin from Brittany Calloway..................... 66
To Senators Inhofe and Cardin from the Historic Ellicott City
Flood Work Group, August 27, 2018.......................... 68
From Gayle Killen............................................ 69
To Senator Cardin from Lori Lilly, September 3, 2018......... 70
From Tony McGuffin........................................... 73
From Tony McGuffin........................................... 76
To Senators Inhofe and Cardin from Melissa Metz, September 3,
2018....................................................... 79
To Senators Inhofe and Cardin from Ron Peters, August 20,
2018....................................................... 81
To Senators Inhofe and Cardin from Arnold Sanders, August 31,
2018....................................................... 229
To Senators Inhofe and Cardin from St. John's Community
Association, September 3, 2018............................. 230
Commentary, Bruce T. Taylor, An insider's view of rebuilding
Old Ellicott City, The Daily Record, July 12, 2018......... 242
To Senator Cardin and Committee members from Taylor Family
Properties, August 16, 2018................................ 244
To Senators Cardin, Inhofe, and Van Hollen and Representative
Cummings and Committee members from Taylor Family
Properties, August 22, 2018................................ 245
Report, The Historic Ellicott City Flood Workgroup, December 1,
2015........................................................... 246
Report, 2016 Ellicott City Hydrology/Hydraulic Study and Concept
Mitigation Analysis, McCormick Taylor, June 16, 2017........... 256
Summary of The Ellicott City Hydrology and Hydraulic Study
and Concept Mitigation Analysis (response to the 2016
flood)..................................................... 307
The report Urban Stormwater Management in the United States is
available at Amazon.com and other sources. The Amazon link is
https://amzn.to/2AlRiW6
Summary of the USACE Report after 2016 flood: Prevention on the
building level................................................. 309
Ellicott City's Watershed Master Plan............................ 312
Concept Plan, Main Street, Ellicott City, Maryland, Alexander
Design Studio.................................................. 313
OVERSIGHT HEARING ON REPEATED FLOODING EVENTS IN ELLICOTT CITY, MD:
REVIEWING THE FEDERAL ROLE IN PREVENTING FUTURE EVENTS
----------
MONDAY, AUGUST 20, 2018
U.S. Senate,
Committee on Environment and Public Works,
Subcommittee on Transportation and Infrastructure,
Ellicott City, MD.
INTRODUCTORY STATEMENT OF ALLAN KITTLEMAN,
HOWARD COUNTY EXECUTIVE
Mr. Kittleman. I briefly wanted to say hello and welcome
you to the Banneker Room, and more than anything else, to thank
our Federal representatives for being here.
Senator Cardin, thank you so much. And I know Senator Van
Hollen will be here soon.
And Congressman Cummings, thank you so, so much, all.
[Applause.]
Mr. Kittleman. As a lawyer, I feel like I have my back to
the judge. Excuse me, please, Senator.
But I just wanted to say to everyone here, we could not
have received more support from our Federal representatives
than we have from Senator Cardin and Senator Van Hollen and
Congressman Cummings and also previously Senator Mikulski.
They have been here multiple times. They know our
community. As you all know, Congressman Cummings has an office
in our community, and they have not forgotten us. And I know
that's happened at other times and other places, but not here.
And one of the reasons we continue to be such a strong
community is because we have our Federal, State, and local
support, and we work very closely together.
I've gotten to know these gentlemen very well, and Senator
Mikulski as well. I knew them before the floods, but I know
them a whole lot better since the floods. And I can tell you,
we couldn't be better off than having them here for us. And so
I say that very sincerely, and I want them to know that you
being here, and the Senate holding this hearing and the
Congressman being here, mean an awful lot to us.
And it's not symbolic. We know you are here because you
want to help, and you're going to do whatever you can to make
sure we have the help that we need to continue to have a great
community here in Ellicott City.
And so for all of you who are here, thank you for being
here. Thank you for being involved in our community. This is
why Ellicott City is what it is. This is why we are going to
continue to be a strong, safe, and smart community for many,
many, many decades in the future, because of you.
And I am going to stop now, and I'm going to turn it back
over to Senator Cardin.
And I want to apologize; I have another commitment. I know
Counselor Weinstein will be speaking and some other folks from
county government as well.
So, thank you very much for being here.
And Senator Cardin.
OPENING STATEMENT OF HON. BENJAMIN L. CARDIN,
U.S. SENATOR FROM THE STATE OF MARYLAND
Senator Cardin. Thank you.
First, before the County Exec leaves----
[Applause.]
Senator Cardin. Before the County Exec leaves, I really
want to thank Allan Kittleman for his extraordinary leadership
on this issue and so many others.
We talk about Team Maryland. We talk about Team Maryland
responding to the priorities of our State. In regards to the
floods in Ellicott City, our captain was the County Exec, and
he worked very well with Governor Hogan and the State team and
with our Federal congressional delegation from the beginning to
see what we could get done. Only concern was the safety of the
people here in Ellicott City and the future of Ellicott City.
And it was a pleasure to work with you on this issue, and
Team Maryland couldn't be more proud of the manner in which we
used all the resources of our State in order to deal with these
horrific floods. So, thank you.
Mr. Kittleman. Thank you so much. Thank you very much.
Senator Cardin. And with that, let me call to order the
Subcommittee on Transportation and Infrastructure of the
Environment and Public Works Committee.
I want to first thank Senator Inhofe, who is the Chair of
the Subcommittee on Transportation and Infrastructure. I am the
ranking Democrat on that committee.
I also want to thank Senator Barrasso, the Chairman of the
Environment and Public Works Committee, from Wyoming, and
Senator Carper, the ranking Democrat on the Environment and
Public Works Committee, from Delaware, for allowing us to have
this field hearing.
I've talked to all three of those--of my Senators I just
mentioned, and they all are interested in learning how Federal
Government can be a more effective partner in dealing with the
realities that we see on these more frequent floods.
So the Environment and Public Works Committee plays a very
important role in that regard. And you'll hear from two of our
agencies today at this hearing, the Environmental Protection
Agency and the Army Corps of Engineers, because they play a
particularly important role in dealing with these types of
issues.
So, the purpose for today's hearing is for the U.S.
Congress to have the benefit of the information that will be
presented by the panel of witnesses, for us to be able to
establish a record so that we can be better prepared to
increase the effectiveness of the Federal Government's role in
dealing with these types of events that were experienced in
Ellicott City.
I think everyone knows where they were on July 30th of
2016. I remember being at a friend's house having dinner when
my iPhone went off with certain warnings. That wasn't the first
time I've gotten warnings through my iPhone. I didn't think too
much of it, to tell you the truth.
But a few--I guess maybe a half an hour later, as I was on
the streets of Baltimore County and saw the devastation in
Baltimore County, I knew that this was not like a storm that we
had seen before. When I got home, I had the chance of seeing
the broadcast of what was happening in Ellicott City and knew
that we had experienced a horrific event.
There were--over 6 inches of rain fell that evening, I
think all of you know. There were two fatalities, numerous cars
were destroyed, buildings were destroyed, 200 residents were
displaced, and we had what is known as a once in a thousand
year flood in Ellicott City.
Well, 22 months later, we experienced a second of what is
known as a once in a thousand year flood, on May 27th. That
occurred earlier in the day, on Sunday, a busy day for the
community in Ellicott City. Six to 12 inches of rain fell,
which is unprecedented. Even more devastating than the first.
People literally had to be rescued, and the first responders
saved numerous lives that day.
We did, unfortunately, lose the life of a National Guard
Staff Sergeant, Eddison Hermond, who was seeking to help a
person and got carried away by the water and lost his life. But
clearly, the first responders were able to save lives.
In both of these episodes, Team Maryland did everything we
could to help immediately the people that were there and to use
the resources, whether it was local resources, State resources,
Federal resources, private resources. It was all coordinated.
As I said a little bit earlier, I applaud the leadership of
County Exec Kittleman, who was our true captain in regards to
that effort.
I also thank Governor Hogan for the work the State of
Maryland did. And I am particularly proud of our Federal
delegation.
Our Federal delegation, we looked at FEMA coming in
immediately to help. They did that without the necessary
declarations. The declarations came later. The Small Business
Administration was here immediately. Again, they did not wait
for the declarations. They were here to help. They helped
assess the situation so that the declaration process could be
easier and the application processes could be easier.
The Environmental Protection Agency has a particularly
important role to play, as does the Army Corps of Engineers,
and we're going to talk about how we can mitigate the future
risk factors that occur from such a storm. That's one of the
main reasons for today's hearing.
So, we have questions. Is this really a once in a thousand
year event? Obviously, it was not for our generation. What are
the causes, and how can we mitigate it? Is it development? Is
development the main culprit here, when we look at increased
population and more concrete rather than allowing runoff to
occur in a more natural way? What impact is climate change
having on what we are doing? And adaptation for the natural
changes or what's happening with our climate.
So, there are a lot of questions that we want to ask as to
how we can be better prepared to mitigate the risk factors in
Ellicott City but also how we need to be prepared, because
there will be extreme weather conditions in the future. How can
we make sure that we protect life, property, and the unique
nature of Historic Ellicott City?
I'm proud to have as my partner in all this Senator Van
Hollen. He has been a champion on all of these issues. He
serves on the Environment and Public Works Committee, so he's a
member of this particular Committee as well as on the Senate
Appropriations Committee. So I'm going to call on, first,
Senator Van Hollen.
And then I'm extremely proud that Elijah Cummings is with
us today. Senators always love having members of the House at
our hearings, so we particularly appreciate Elijah being here.
He's a great leader in our country and does a fabulous job of
representing the people of the 7th Congressional District in
the Congress of the United States.
I also want to acknowledge John Sarbanes, who has been very
much engaged in these issues concerning Ellicott City and has
played a very important role as well.
But first, I'm going to allow Senator Van Hollen to make an
opening statement, and then we will turn immediately to
Congressman Cummings.
OPENING STATEMENT OF HON. CHRIS VAN HOLLEN,
U.S. SENATOR FROM THE STATE OF MARYLAND
Senator Van Hollen. Thank you, Senator Cardin. It's great
to be here with so many members of the Ellicott City community.
And I want to thank Senator Cardin for bringing us together
here at this hearing. It's a privilege to serve with him in the
Senate and also very pleased to serve with him, as he
indicated, on the Senate Environment and Public Works
Committee. And it's under those auspices that Senator Cardin
pulled together this hearing.
So, thank you, Senator, for your leadership on national
issues but also very focused on the immediate concerns of
community.
Also want to extend a warm welcome to our friend Elijah
Cummings, who's been a leader in so many different ways. And
also to Congressman Sarbanes and others in the delegation who
have supported these efforts.
And I'm going to be very brief because Senator Cardin
covered a lot of territory, and we want to hear from all of
you.
I was here on the ground after the first awful flooding a
couple years ago and had the opportunity to meet with many of
you and the business owners and homeowners. And we all hoped at
that time that it was just going to be an extraordinary and
relatively unique event in that time scale that Senator Cardin
talked about, the thousand year flood. But we know now and from
our bad experiences that that is not the case and certainly may
not be the case going forward.
So, it's incumbent on all of us to look at why this is
happening and do everything in our power to try to prevent it
from happening and to mitigate the damage when it happens
again.
Senator Cardin referenced climate change. Look, in my view,
as a country and as a world, we should have been working much
harder way back to try to put the brakes on the damages of
climate change. And we're going to have to continue to try and
do that at the national and international level.
But in the meantime, we cannot stand still and not do
everything in our power here as a State and locally and as a
Federal and State and local government and as citizens and
community members to do what we can to learn about what can do
locally to reduce and to prevent the damage in the first place
and then mitigate it when it happens. And really, those are the
lessons that we want to learn.
And I want to thank all the members of the Ellicott City
community, as Senator Cardin did, for your input in this
process but also for your resilience and being such amazing
examples of the ability of our fellow citizens to withstand not
just one major disaster but a second one, and continue to look
for ways to stay together and make sure that this is a thriving
city and community in years to come.
So, thank you, Senator Cardin, and I look forward to the
testimony from our colleague, Congressman Cummings.
Senator Cardin. And Senator Van Hollen, I'm glad you
mentioned the people of Ellicott City. They're inspirations
to--they really inspire us. The courage, the strength. We often
say that Ellicott City is Main Street America. It truly is.
These are individual storeowners who have a lot of courage.
On a good year with good weather it's tough to run a business.
But when you have these types of floods, it really brings out
the strength, and Ellicott City has that strength.
And of course I'm biased to Joanie because we went to
school together, so I'm glad to see you're smiling today,
Joanie. It's nice to have you here in the audience.
Elijah Cummings has been representing the 7th District for
25 years in the House of Representatives. He was born and
raised in Baltimore, and the damage that was incurred in 2016
was also incurred in Baltimore. So it was not just in Ellicott
City that we saw incredible damage.
He's a senior member of the House Committee on
Transportation and Infrastructure, serving on both the
Subcommittee on Coast Guard and Maritime Transportation and the
Subcommittee on Railroads, Pipelines, and Hazardous Materials.
It's a real pleasure to have our colleague with us today,
who will first testify, and then I'm going to invite him, if he
wishes, as time remains, to certainly join us here.
STATEMENT OF HON. ELIJAH E. CUMMINGS,
U.S. REPRESENTATIVE FROM THE STATE OF MARYLAND
Representative Cummings. Thank you very much.
Thank you, Senator Cardin and Senator Van Hollen. It is
indeed an honor to testify before the Subcommittee on
Transportation and Infrastructure of the Senate's Committee on
Environment and Public Works regarding the catastrophic
flooding that has occurred in Ellicott City.
But before I go on, let me echo what you just said, Senator
Cardin. When I came--I got here a little bit early, and the
parking lot was empty. Hello.
[Laughter.]
And by the time I got out of my car, the parking lot was
full.
And I say that to say that this is what democracy looks
like. This is what it's all about: The idea that on a sunny
August afternoon when you could be doing all kinds of other
things, you are sitting here trying to make sure that we shape
our destinies and that we do it together. And so I am truly
honored.
Let me begin by thanking you, Senator Cardin, for your
unwavering commitment to our constituents as they continue to
rebuild after these floods.
Senator Cardin has fought tirelessly to help local
residents and business owners get the assistance they need. He
is also working to craft new policies to help ensure that our
infrastructure programs make the investments our Nation needs
to help control floods.
I also thank my good friend and colleague Senator Van
Hollen for all that he has done on both the Environment and
Public Works Committee and the Appropriations Committee to help
secure assistance for cleanup and restoration. And I thank him
for his ongoing efforts to help make the Flood Insurance
Program more affordable and effective.
So I thank, finally, Howard County Executive Allan
Kittleman and Governor Larry Hogan, as well as Council Member
Jon Weinstein, the entire Howard County Council, and
Congressman John Sarbanes, for all their continued partnership
with local, State, and Federal agencies to provide relief and
assistance to Ellicott City.
I also thank all of the community leaders who will testify
today.
Ladies and gentlemen, I wake up every morning--as I know
Senator Cardin and Senator Van Hollen do--thinking about how
can we best serve our constituents and help them improve their
lives. That's what this is all about. This is the reason we
sought public office, and it is that passion that fuels me
every day in this job.
But Senator Cardin said something that is so true: It makes
a difference when you have a constituency that comes out and is
supportive of your efforts. It makes a big difference because
it makes you want to go out there and work even harder.
So, I'm so proud to represent Ellicott City in Congress. It
is a beautiful, historic city and a thriving community that is
not only a treasure for our State but a treasure for our entire
Nation.
Unfortunately, it is also a community that is located on
steep terrain at the confluence of several waterways in a flood
prone area where topographical challenges have been worsened by
the many effects of regional development.
And it is a community where extreme weather events have
repeatedly unleashed devastating amounts of rainfall that have
overwhelmed the city's existing infrastructure.
In 2016 and again in 2018, sudden flash floods have
resulted in the loss of life and catastrophic destruction.
Local residents have struggled not only with the economic
devastation these storms have caused but they have also dealt
with the enormous toll this destruction has taken on their
lives.
Much more must be done--much more--to protect this
community from flash floods, and that's why today's hearing is
so very, very important. Significant investments are needed to
ensure that flood waters can be effectively managed and
directed away from Ellicott City. These improvements are all
the more urgent given that climate change--yes, I did say
climate change--will increase the frequency and severity of
extreme weather events.
And sadly, while we're talking about Ellicott City today,
many communities throughout the United States will be at risk
for the same kind of severe flooding from extreme weather,
particularly if we continue to fail to act to slow or reverse
climate change.
And as you, Senator Cardin, and you, Senator Van Hollen,
were talking, I just want our audience to know that when there
are catastrophes anywhere in this country, our delegation is
always there because we realize that this is the United States
of America and that we have to come to each other's aid. And
you can look at our votes, and you will see over and over again
that we have done that.
Ellicott City frequently--urgently needs what our Nation
needs: A coordinated, deliberate, thoughtful flood control
effort that is informed by the best available science and that
has adequate funding--let me repeat that--and that has adequate
funding--to build the infrastructure needed to protect
communities from the risks they face.
And so, as I close, I will fight, as I know Senator Cardin
and Senator Van Hollen will, to help Ellicott City secure every
single dollar of funding available through current programs to
help it recover, formulate flood control plans, and build new
infrastructure.
And as a senior member of the House Committee on
Transportation and Infrastructure, I have closely monitored and
voted in favor of the House's water bill, the Water Resources
Development Act, which passed the House earlier this year.
Let me also note that I strongly support the important
provisions in the Senate's Water Resources Development Bill, on
which Senator Cardin and Senator Van Hollen have worked, and
that would improve financing for water infrastructure.
However, I would like the size of the water bill ultimately
adopted by the Congress to be significantly increased to
provide more money to meet our urgent need for infrastructure
to control floods, improve our ports and dams, and restore
vital ecosystems.
We have a very steep backlog of authorized projects just
waiting to be funded, and we can no longer afford to make our
infrastructure last on the Nation's priority list. Rather than
handing out tax cuts to billionaires, we should be helping
communities like Ellicott City rebuild and become more
resilient before the next storm comes because, sadly, we know,
ladies and gentlemen, as sure as night becomes day and day
becomes night, it will come.
I am so honored to have Senator Cardin and Senator Van
Hollen as my partners in this effort, along with Congressman
Sarbanes, and I thank them again as we continue to fight for
the future of Ellicott City.
Thank you very much.
[Applause.]
[The prepared statement of Representative Cummings
follows:]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Senator Cardin. Thank you, Congressman Cummings.
Just really for the benefit, the Water Resources
Development Act that Congressman Cummings was referring to
passed unanimously in the Environment and Public Works
Committee. It's now pending on the floor of the Senate. We may
bring it up as early as this week. It is looked upon as a
noncontroversial bill, but it provides tremendous increased
resources for water projects in our country. So we are
optimistic that we will get that bill done before the end of
this Congress.
I'm now going to call our first panel, which consists of
our Federal partners. Cecil Rodrigues is the Deputy Regional
Administrator for Region 3 at the U.S. Environmental Protection
Agency. Mr. Rodrigues joined EPA in 1987 and held a variety of
positions during his time with the Agency. He spent the early
part of his career in Region 3's Office of Regional Counsel and
served in several leadership positions. He received his B.A. in
political science at Adelphi University in 1984 and his J.D.
from New York Law School in 1987.
Colonel John T. Litz is the Commander and District Engineer
of the U.S. Army Corps of Engineers, Baltimore District. I was
at his Change of Command ceremony just a few weeks ago. You'll
all, of course, know Colonel Chamberlayne and the work that he
did as our District Director, and we very much look forward to
the seamless leadership in our State under Colonel Litz.
Colonel Litz became the 68th Commander of the U.S. Army
Corps of Engineers, Baltimore District, on July 13th of this
year, where he commands a work force of more than 1,000
employees, overseeing a multibillion-dollar program that
provides planning, design, engineering, construction,
environment contracting, and real estate expertise throughout
the Baltimore District.
And I must tell you; again, speaking for what Congress has
made available to the Army Corps, the budgets this year have
been more predictable and greater flexibility, so we are proud
of bipartisan support for the work of the Army Corps.
I do want to acknowledge another Federal partner who I know
is here, is not on our panel, is not under the jurisdiction of
this Committee: Steve Umberger, who represents the Small
Business Administration, the Baltimore District. I particularly
want to mention him because I am the ranking Democrat on the
Small Business Committee.
But this hearing is going to focus on the jurisdiction of
the Environment and Public Works Committee.
And Secretary Ben Grumbles is here, who is--oh, back
there--who is the comparable State head of our environmental
agency and has been a tremendous resource for our Federal
delegation as we've worked to deal with the Chesapeake Bay and
other issues.
Ben, it's really nice to have you here, also.
We will proceed first with Mr. Rodrigues and then Colonel
Litz.
By the way, for all witnesses, your entire statement will
be made part of the record. We ask that you summarize in
approximately 5 minutes to give time for questions and answers.
And Delegate Flanagan is also here. I acknowledge that he's
here. I don't know if I have any of the other electeds that may
be here, but it's a pleasure to have our Member of the House
here.
STATEMENT OF CECIL RODRIGUES, DEPUTY REGIONAL ADMINISTRATOR FOR
REGION 3, U.S. ENVIRONMENTAL PROTECTION AGENCY
Mr. Rodrigues. Senators Cardin and Van Hollen and
Congressman Cummings, thank you for the opportunity to appear
before you today to discuss EPA's role in assisting communities
to reduce their risks of flooding events like those that have
occurred in Ellicott City, Maryland.
Excessive stormwater runoff has serious and costly effects
throughout our country. The EPA considers it one of the leading
causes of water quality impairment and diminished watershed
health. It can overwhelm our sewer systems, erode our stream
banks, pollute our waters, and in the case of Ellicott City,
devastate our towns.
The EPA works with other Federal agencies and the States to
reduce stormwater runoff and build resiliency in our
communities. We do that through the Clean Water Act, funding,
and regulatory programs, and we do it through innovative
approaches like the Clean Water Partnership and the Green
Streets, Green Jobs, and Green Towns programs that I'll mention
a little later.
Maryland has been a leader in addressing stormwater runoff.
The Maryland Department of the Environment has set aggressive
goals to control stormwater as part of a commitment to reduce
pollution into local waters and the Chesapeake Bay, requiring
restoration of 20 percent of untreated impervious surface areas
as part of the Phase I Jurisdictions Municipal Separate
Stormwater Sewer System permits.
Howard County, which includes Ellicott City, developed a
countywide implementation strategy to address the MS4
requirements, and by the end of September 2016, has restored
more than 1,400 acres of impervious surfaces.
Among its other permit related activities, the county
created a manual that outlines standards for design of
stormwater systems in new development and redevelopment and has
completed detailed assessments and maps of all the watersheds
within the county.
EPA assists Maryland and States throughout the Nation in
controlling stormwater through the Clean Water State Revolving
Fund, or SRF, which provides low interest loans through the
States to support critical water infrastructure projects. Since
its inception of the SRF Program, EPA Region 3 has provided
States within our region with $145 million, which have been
used to fund almost 124 projects, including 30 in Maryland
for--which cost approximately $37.4 million. The projects range
from green infrastructure to stormwater sewer systems.
This Administration's focus on accelerating investment in
our Nation's water infrastructure also includes the Water
Infrastructure Finance and Innovation Act, also known as WIFIA.
This program provides for long term loans for a diverse range
of regionally and nationally significant water infrastructure
projects, which can include stormwater control projects.
EPA's Water Infrastructure and Resiliency Finance Center
provides technical and financial information to help local
officials make informed decisions on stormwater, drinking
water, and wastewater infrastructure projects.
The Center created a searchable clearinghouse for resources
and funding information for EPA and other Federal agencies and
State agencies, a kind of one stop shop for communities to
address these issues.
In this region, we are looking beyond traditional funding
sources and partner with nonprofit and the private sector to
create innovative programs that offer multiple benefits of
green infrastructure to capture stormwater.
For example, earlier this year the EPA and the Chesapeake
Bay Trust, with the support of the city of Baltimore and the
Maryland Department of Natural Resources, provided our eighth
set of grants under the Green Streets, Green Jobs, Green Towns
Program with nearly $700,000, with a local match of nearly $1
million for 21 projects. Ten of them were in Maryland. Since
2011 we have awarded $8.4 million to 145 projects throughout
the region, leveraging more than $13.8 million in matching
funds.
The G3 Program helps communities implement plans that
reduce stormwater runoff and flooding, increase the number and
amount of green spaces in urban areas, and improve the health
of local waters and the quality of life in cities and towns,
all of which can be replicated elsewhere in the Chesapeake Bay
Watershed, including Ellicott City.
EPA also encourages local governments to work with us in
establishing community based public-private partnerships to
generate faster, cheaper, and greener controls for stormwater
and provide considerable benefits for the local economy and
communities. Two examples model the EPA's approach of the Clean
Watershed Partnership. One is Prince George's County, and a
similar one in Chester, Pennsylvania. In addition to addressing
stormwater, these partnerships support local jobs, training
opportunities, and assistance with small and minority owned
businesses, with significant local economic impact.
We need to support innovations in project delivery and
financing to enable large scale investments in green
infrastructure for public health, infrastructure resilience,
and neighborhood benefits. As the threat of major storms
increases, so too must our resolve to help local communities
protect themselves.
In conclusion, I'd like to thank you, Senators Cardin and
Van Hollen and Congressman Cummings, for the opportunity to
testify here before you today. EPA looks forward to building on
its work with the States and our communities in our region and
across the Nation to enable them to tackle the harmful effects
of stormwater, which can lead to the kind of devastation we've
witnesses in Ellicott City.
I would be happy to answer questions at the end.
[The prepared statement of Mr. Rodrigues follows:]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Senator Cardin. Thank you very much.
Colonel Litz.
STATEMENT OF COLONEL JOHN T. LITZ, COMMANDER, BALTIMORE
DISTRICT, U.S. ARMY CORPS OF ENGINEERS
Colonel Litz. Thank you. Senator Cardin, Senator Van
Hollen, Representative Cummings, I'm honored to testify before
you today on the U.S. Army Corps of Engineers's role and
response to the recent devastating flooding in Ellicott City,
Maryland. I'm Colonel John Litz, Commander of the U.S. Army
Corps of Engineers, Baltimore District.
Following the unprecedented Ellicott City flood in 2016,
which equated to a flood with a 0.1 percent chance of happening
during a given year, the Baltimore District provided post-flood
response at the request of the Governor of Maryland to clear
debris blockages in the Tiber and Hudson tributaries. This
action reduced further risk of immediate flooding to the city
as more rainfall was forecasted in the coming days.
This help was provided through Public Law 84-99 (33 U.S.C.
701n), which gives the Corps discretionary authority to react
to various water related emergencies. The Corps provides
assistance when natural disasters or other emergencies occur
after State and local governments have exceeded their
capabilities.
In addition to our emergency response, the Corps also
leveraged the Floodplain Management Services Program, or FPMS,
authorized by 206 of the Flood Control Act of 1960. The FPMS
Program allows the Corps to provide general technical services
and planning guidance to State, regional, and local governments
without charge and within program funding limits.
Using the FPMS Program authority, an agreement was signed
in September 2016 by the Baltimore District and Howard County
to conduct a 12-month effort to assess the potential for
nonstructural flood risk mitigation activities, such as flood
proofing some or all of Ellicott City's historic structures
located in the 0.2 percent floodplain, commonly known as the
500-year Floodplain. Howard County voluntarily provided the
Corps $150,000 for this effort.
The Corps reviewed information on previous floods in the
area, to include the depths, velocities, warning times, and
elevation surveys for 80 buildings in this 500-year Floodplain.
These surveys included identification of the first floor
elevation, the lowest point of entry, the lowest adjacent
grade, nonstructural flood proofing assessments for 16 example
structures, preliminary construction costs for recommended
nonstructural measures, flood action plans needed to implement
any recommendations, and a cost-benefit analysis. The Corps
also participated in outreach activities within the community.
Nonstructural flood mitigation is important because it can
reduce flood damages and is typically less expensive than
structural solutions such as levies and floodwalls.
Nonstructural flood mitigation is also customizable to
individual properties and can be implemented in phases.
Examples of nonstructural measures include flood warning
systems, moving valuables to higher levels, raising utilities,
waterproofing buildings by applying sealant, installing flood
doors, floodgates, and closures on doors and windows.
The Baltimore District provided Howard County with a report
on their findings in January 2018, and conducted a public
meeting in February 2018 to present the results.
It is important to note that nonstructural measures,
including flood proofing, would not have prevented all the
damages sustained during the 2016 flood or the flood earlier
this year. However, certain measures may reduce flood risk
during less severe floods or enhance community resilience by
allowing communities to bounce back after a storm.
The Corps recognizes that implementing these options can be
challenging given the estimated cost ranges and working through
certain historic preservation constraints. These are all things
to consider when determining the best way to reduce flood risk
on individual properties.
The Baltimore District and the U.S. Army Corps of Engineers
as a whole are incredibly proud to contribute to the safety and
recovery of this historic and important city.
Thank you, Senator Cardin and Senator Van Hollen and
Representative Cummings. This concludes my statement, and I
look forward to answering any questions that you or other
members may have.
[The prepared statement of Colonel Litz follows:]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Senator Cardin. Well, thank you both for your testimony.
Let me first start by agreeing with Congressman Cummings as
to the need for us to look at stronger ways of being able to
deal with the backlog, let alone the challenges we have moving
forward, in regards to our infrastructure in this country,
including flood mitigation. We need to be more aggressive on
that, and I really do believe there's bipartisan support.
The Chairman of the Subcommittee, Senator Inhofe, talks
frequently about bipartisan support for more robust
infrastructure projects. That's not a conservative--or,
concern, so we should be able to do a better job there, and
we're going to continue to work on it.
I want to focus on what we can do in mitigation. You talk
about nonstructural measures, and I understand what you're
referring to in the individual properties and the warning
systems. But there's also been some recommendations or thoughts
about structural changes, trying to increase the water capacity
of the tributaries either by widening or redirecting or doing
different measures to have a more permanent type of a change.
The realities of population growth and the impervious
surfaces have made it more challenging, and of course, the
weather has been more severe. So, you put that all together,
without some structural changes, it's going to be difficult to
see that we don't have a repeat of what happened during these
last two storms.
So, can you just share with us how either the Army Corps or
EPA can assist in both structural and nonstructural mitigation
programs?
We know that there have been many studies--there's been
several studies that have been done. We know that we're still
trying to figure out where is the most cost effective place to
put resources. And we also recognize that it's unlikely it'll
be one funding source that'll be able to deal with solving the
problems. But there are different tools available. If you could
just quickly review where the Federal Government can help in
regards to both structural and nonstructural?
Colonel Litz. Senator, I'll take that question.
So, what the Corps recommends are two types of efforts:
Near term and long term. And in the near term, to conduct risk
communication so that those in this area understand the risks
involved posed by the water and the rainfall events that have
happened and could continue to occur. And also, that includes
preparing for floods as well, as a community and also as
individuals. And implement the flood proofing measures that the
Corps has recommended.
In the long term, take a more comprehensive and
collaborative approach. Two things that I will offer is to
endeavor in a watershed-wide study, not just a study in the
local area, in Ellicott City and close surroundings, to get the
big picture and develop a holistic solution for the runoff and
for the flooding in the tributaries, as so many of them
converge in Ellicott City.
A second effort to----
Senator Cardin. Do you have enough information to make that
assessment today? Or do you need to do further studies as
regards the water problems and runoff?
Colonel Litz. Senator, we would need to study that. From
the Corps' perspective, we would need to study that. I know
that there is a study----
Senator Cardin. What do you need from Congress in order to
move that along?
Colonel Litz. We would need an authorization and
appropriation, and depending on the magnitude of that study,
that would determine which service that the Corps is authorized
to provide that we would trigger. If it's a small effort, say
less than $15 million, then we could look at the Corps'
continuing authority's set of authorizations.
And if it's a larger effort, over $15 million, typically
what you would find a structural solution falling into the
category of--we would have to have an authorization for a
feasibility study and an appropriation to make good on that
authorization. And then once the feasibility study is
conducted, and should the project have a benefit to cost ratio
that competes well nationally, we would have to have an
authorization for the design, pre-engineering design work, and
also construction.
Senator Cardin. So, for structural, it appears like you
would need specific authority and funding from Congress; is
what you're saying?
Colonel Litz. Yes, Senator.
Senator Cardin. For nonstructural, you probably have enough
authority?
Colonel Litz. And we----
Senator Cardin. You've already done so.
Colonel Litz. Yes, Senator. We did that with the Floodplain
Management Services, which is a standing authority that we have
from the Flood Control Act of 1960.
Senator Cardin. And Mr. Rodrigues, you mentioned several
programs locally could qualify for funding for various aspects
of flood mitigation; is that----
Mr. Rodrigues. Sure. Yes, Senator. So we have been--for
instance, we've given Howard County, through the Maryland
Department of Natural Resources and the Chesapeake Bay money,
$100,000, which Maryland gave, and then $50,000 that EPA gave
through a Chesapeake Bay implementation grant to study two
things. One was to look at water infrastructure assessment,
green infrastructure assessments. Also, to study the--
originally the flood from July 2016 to determine water measures
that can be taken.
In addition, we've worked with communities to develop some
public-private partnerships which fund and increase quickly--
increase the use of green infrastructure projects.
The Agency also has the WIFIA grants, loans, which
communities like Ellicott City, in conjunction with the State,
can apply for which can give direct funding to stormwater
projects.
So there are numerous sources the Agency has in the past
and will continue to work with communities like Ellicott City
and Howard County to apply for and determine what's the best
type of funding mechanism.
Our Water Infrastructure and Resiliency Center can help
finance. The Resiliency Center can help communities look at
what's the best type of financing to get and what are the
better projects to spend the money on. So we have several
resources that communities like Ellicott City and Howard County
can partner with the Agency to do.
One other thing I'd like to mention is we have also tried
to partner with our other Federal agencies, so with FEMA and
the Army Corps. In Huntington, West Virginia, we've partnered
with FEMA and the Army Corps to work with the community to
determine its needs and then try to work as one Federal
Government to direct resources. That's an opportunity that we
can work with the county or--and the city to help look at
alternative sources of funding that maybe they have not looked
at and thought of.
Senator Cardin. I thank you for that because we're going to
have to be creative. I do point out: The WIFIA program and
TIFIA are the traditional--were creations through the
Environment and Public Works Committee to leverage more funds
because we recognize there will never be enough funds. So we
have to leverage the best we can. WIFIA does present some
opportunities for us here in Ellicott City.
Senator Van Hollen.
Senator Van Hollen. Thank you, Senator Cardin.
Thank both of you for your testimony here.
So, Colonel Litz, you mentioned the study that had been
done by the Army Corps after the 2016 flood, focusing on the
nonstructural flood proofing study. And as I understand that
study, it primarily recommends to homeowners or businesses
things that they might do to better protect themselves in the
case they have another flood; is that right?
Colonel Litz. Yes, Senator. That's correct.
Senator Van Hollen. And the costs in those cases are borne
by the homeowner or the storeowner; is that right?
Colonel Litz. Yes, Senator.
Senator Van Hollen. Do we know whether any of--I know this
report didn't come until January of this year, but I know you
were engaged in the study for a while. Do we know whether or
not any of the homeowners or storeowners implemented any of
these changes and whether that helped reduce the damage in the
last flood?
Colonel Litz. Senator, the final report came out in
February of this year, so I do not know if any of the
storeowners or homeowners had an opportunity to implement any
of these recommendations. I think I would leave that to others
to answer.
But I know that the Corps has engaged in similar studies
over the past couple of decades in other places: In West
Virginia, Virginia, at least. Maybe over a thousand flood
proofing recommendations have been implemented successfully. In
Huntington, West Virginia, there's an effort ongoing now that
my colleague from the EPA mentioned earlier.
So we do know that these measures are feasible and that
they can work. But as I stated in my comments, the magnitude of
the events that happened in 2016 and 2018 that brought us here
today, these measures would not have prevented those damages.
Senator Van Hollen. Right. And so that leads me to your
sort of longer term recommendations because I understand your
sort of immediate term is risk communications and implementing
the nonstructural proposals that you recommended. But really,
as you just said, if we want to really try to limit the damage
of flooding like we saw earlier this year and in 2016, we're
going to have to take other measures.
I know Howard County and the community are engaged in a
debate about the extent to which local development has an
impact on floodwaters, and we await sort of the outcome of that
discussion and are engaged in listening.
But in terms of your more permanent solutions, there was
this report that was done in 2014 that was updated after 2016,
and I know you're relatively new on the beat. Congratulations
again on that. But there was an Ellicott City Hydrology and
Hydraulic Study and Concept Mitigation Analysis where they made
some specific recommendations with respect to changes that
could be made that would affect the quantity of water and the
flow of water.
And I don't know if you and your team have had a chance to
really dig into that. If you haven't, I urge you to do it
because, as Senator Cardin said, we need, obviously, to have a
plan. There has been work done here, and so rather than
reinvent the wheel, maybe we can find a way for everybody to
take a look at that, update it if need be, and look about
whether there's agreement those specific proposals would in
fact reduce the damage from the flooding.
And then we have to get it done. Obviously, part of that,
we have to figure out how to pay for it, and there's local
funding, there's State funding, and Senator Cardin said there's
Federal funding. But we've got to make sure that we come to
agreement.
Have you had--do you know, have you and your team had a
chance to look at that earlier study? And what do you think, if
you did?
Colonel Litz. Senator Van Hollen, I believe the study that
you're referring to is the McCormick and Taylor H&H Study. And
if that is the case, then yes, my team has looked at that
study. They read it, they understand it, and they used it to
inform their study that they--for the nonstructural flood
proofing recommendations, to some extent.
So I do know that we understand this study of the district.
Personally, I have not had a chance to see that study yet. But
we do know the content of that study and that it makes
recommendations for structural elements to protect Ellicott
City and other areas. So----
Senator Van Hollen. Maybe I could just ask, Senator, if you
and your team could provide us any comments you've got on that
study with its structural recommendations? It makes two very
specific ones: Quantity management, to reduce the quantity of
flow into Frederick Road and Main Street corridor, and a
second, conveyance improvements. And there were some specific
conveyance improvements.
So I think it would be helpful if we can all sort of be on
the same page as to what needs to be done, and then we can all
figure out how the funding will work to get it done.
Colonel Litz. Yes, Senator. We can provide a follow up
statement to that effect.
Senator Van Hollen. Thank you.
Senator Cardin. Congressman Cummings.
Representative Cummings. I want to just pick up where both
Senators left off. Whenever I come to a hearing like this, I
try to put myself in the seat of the people who are sitting out
there and what they're thinking and what questions that they
would ask.
And if I were a business owner, or even a resident, I would
ask the question: Do we know why this happened, Colonel? The
flood, the situation? And the destruction? I mean it looked
like--I mean--well, you saw it. It was horrible. Go ahead.
Colonel Litz. Representative Cummings, no doubt. I saw the
footage before I took command of the floodwater rushing down
the streets, and I was shocked that this was happening. I was
brand new to the area. I hadn't even moved here yet. And I did
move to Maryland, a little bit further down south. And I have
had a chance to get out and walk around in Ellicott City this
weekend to get a better appreciation for the problem that this
city and this community is dealing with.
Representative Cummings. I appreciate you doing that. Go
ahead. No, go ahead.
Colonel Litz. Thank you, Representative.
So, as to the cause, we know that there was what the
National Weather Service states is a 1,000-year rainfall event,
which is an incredibly intense amount of rainfall that--I think
6 inches in less than a couple hours, maybe more. And in this
area, as everyone in this room is probably well aware of, it
drains to one place very quickly.
And as to the causes of that, I cannot speak to why weather
patterns are occurring and what's behind that. But I can tell
you it's the intense rainfall. I can't tell you----
Representative Cummings. I'm talking about the flooding
recurrence. I'm talking about the flooding itself.
In other words, first of all, you've been in other places.
I mean, have you seen anything comparable to this?
Colonel Litz. I know of--just because my parents are from
West Virginia, and there are some places back where they're
from that it's an absolute deluge at times and have been wiping
communities out for years, from what I've been told.
But I have not personally, my adult life, seen this sort of
flooding.
Representative Cummings. I got you. But let me say what I'm
trying to get to. I'm trying to figure out--I try to be
practical about things. And like many of the people in this
room, they want to come back. Their livelihood depends upon it.
And--but on the other hand, I guess some of them are saying,
``How do I--what can we do to best assure that when we come
back we don't face this over and over again?'' I've talked to a
number of folks here, and I mean that's the key question.
So I guess I'm trying to figure out has it--have we seen
something comparable? And if we have, how was that dealt with?
And is that something that we can bring to this area? You
following me?
Maybe Mr. Rodrigues has an answer for that; I don't know.
Mr. Rodrigues. The heavy rains have impacted numerous
cities and communities all through the--up and down the East
Coast. The Agency has seen stormwaters through sewer systems
that have just been--have had to be bypassed because of the
severe amount of rain and severe amount of water that's been
going through the systems as far up as New York and
Pennsylvania.
These are issues that we are going to have to--is not going
to go away, and we're going to have to start dealing with it.
And part of that is a combination of looking at structural
changes, grade changes that have to be made, increasing our
sewer--improving our sewer systems, but also green
infrastructure. But also, rethinking and looking at, as I think
the Senator mentioned before, looking at stormwater on a
watershed basis to--and getting communities to work together to
help address these situations.
Because this is--while we can do things on a very local
basis, the answer is probably--it is going to be on a watershed
basis and looking at how do we get our communities together to
work together to address these because----
Representative Cummings. I think we can get the communities
together. I think they're already together. That's not the
problem.
[Applause.]
Representative Cummings. I guess--maybe it's because I
spent 6 months in the hospital. I have a different view of
life, and that is that we only have one life to live; this is
no dress rehearsal, and we may be gone tomorrow. But while
we're here, this is our watch.
And I guess I'm trying to figure out how soon do you--
either of you--see us being able to work this out, best case?
Because that's what they want to know. I'm telling you; they
may not say it, but if I were them, I would want to know.
Colonel Litz. Congressman Cummings, so from the studying
that I've done preparing for this and since I've been in
command, I know that I think it was back in 1994 there was a
study. There are several studies that have taken place for
flooding and to address this issue, even going back to the
1970s.
And I think in the 1994 study, flood mitigation solutions
were--some recommendations were made, things were studied, and
I think the determination was that the locations--I think there
were issues with the real estate, it's too far north, the
measures weren't--it just wasn't feasible, or it wasn't
economically feasible, it didn't make the benefit-cost ratio
cut off to be competitive.
So I know the problem has been studied, but that doesn't
mean that new methods, new technology isn't there to help. And
I'm talking significant structural things that we can do. And
the question is what are they, where would they go, and what
would be the cost? And all of those things, in my--from the
Corps' perspective, would require a deliberate study.
And there is a study authority from that very 1994 study
that I just mentioned, but it hasn't been funded in a while. We
would need to get reauthorized and appropriations put against
it to take--to commence to another general investigation
feasibility study.
Representative Cummings. I see my time is up, but let me
say this, and I know that Senator Cardin and Senator Van Hollen
feel the same way: You will not get a delegation that will work
closer and harder with you all to get this resolved and soon,
as soon as we can. And we understand you don't have all the
answers. But we're here, and you've got a State Governor and
certainly all of our community, residents and storeowners and
shop owners. We're here.
Yes, you see them. You can look around and see them.
Thank you very much, Senator.
Senator Cardin. Thank you, Congressman.
Let me just connect a couple dots here for my colleagues.
In regards to what individual property owners can do, what the
county can do within reasonable dollar amounts, we're going to
take you up, Mr. Rodrigues, and take a look at all the Federal
partnership programs we have under EPA and see how we can
leverage that most effectively to harden as best as we can
against the realities of flooding.
And we think we can do more. We can be more effective.
There's good information out by the studies that have been done
already. So we do have a blueprint, I think, on dealing with
that area.
I think what my colleagues and I are saying, though, is
that we recognize that we do need structural improvement. And
yes, that's very expensive, and yes, we need to know what works
and the cost-benefits of all of these issues.
So there's been conversation at the county level about
changing the flow, widening the tributaries, dealing with some
of the current ownership of land in order to make that more of
a reality by changing use. All that has been under
consideration. And as the County Exec has said, we'll consider
any options. We want to do what the community wants us to do.
So we need from you, Colonel Litz, the best information we
can. I think what you're telling me is that you may need--you
will need additional guidance from the Congress on this issue.
So my colleagues and I will go back to see how we can get you
that so we can move as quickly as we possibly can in the
broader watershed because that looks like what we're talking
about is going to have to be done.
But we do know that there's conversations here in the
county about taking those bold steps. And the community is
prepared to do it, as is the leadership of this county prepared
to do it. But they're going to need our help as to what makes
sense, what is feasible, and they're going to need our help on
partnership from the point of view of resources. So let's
figure out how we can move forward on those issues.
Let me thank both of our panelists again. This is not the
last time we'll be having a conversation about it. We thank you
all very much.
We're going to move on to our second panel, which includes
Mark DeLuca, who is the Chief of the Bureau of Environmental
Services in the Howard County Department of Public Works. He
has been a busy person during these last couple years, a person
who we have seen quite frequently and have worked with.
Jon Weinstein represents Howard County's District 1,
including Ellicott City, Elkridge, Hanover, and Columbia. He's
also been a very busy person during these last 2 years. We have
walked the streets together many times, talked to a lot of the
neighbors about these issues, and he's been an incredible
leader in trying to get us on the right path.
Grace Kubofcik is the Board President of Patapsco Heritage
Greenway and has been a resident of Ellicott City for more than
49 years and has been very active in those years. She's spent
her career in public service at the Social Security
Administration, Maryland Department of Human Resources, and
Executive Assistant to the Howard County Exec.
You've been a busy person. Thank you for your public
service.
And Matt Fleming is the President of the Ellicott City
Partnership, which is a 501(c)(3) nonprofit that seeks to
preserve the heritage and vitality of Old Ellicott City while
enhancing and creating its economic growth. Dr. Fleming has
been a resident of Ellicott City since 2006.
And I've been told that Jen Terrasa is also here, a member
of the County Council of Howard County. Let me just acknowledge
her presence.
There she is. Thank you.
We'll start with Mr. DeLuca.
STATEMENT OF MARK DELUCA, DEPUTY DIRECTOR AND CHIEF OF
ENVIRONMENTAL SERVICES, HOWARD COUNTY DEPARTMENT OF PUBLIC
WORKS
Mr. DeLuca. Thank you, Senators Cardin and Van Hollen and
Congressman Cummings, for the opportunity to appear before you
today.
I'd like to start by describing the Tiber-Hudson Watershed
in a little bit more detail than we've gotten into so far. The
watershed is very small. It's 3.7 square miles, which means
that a drop of water at the top of the watershed will find its
way to the Patapsco, its only drainage point, in a relatively
short period of time. And those three tributaries running
through it, the Hudson, the Tiber, and the New Cut Branches,
all of which, as mentioned before, flow to the Patapsco.
The topography is characterized by steep slopes and has
shallow bedrock which, as a result, makes the water move a lot
faster; it doesn't soak into the ground, and finds its way to
the Patapsco and Main Street much more quickly.
There's a history of 21 flood events in Ellicott City since
1768. Fifteen of those events were caused by the Patapsco
rising. Six of the events were caused by tributaries flooding.
The last three events were in 2011, 2016, and 2018. They were
all tributary flooding events.
On July 30th in 2016, while the region experienced common
normal thunderstorms, say 1 inch per hour, give or take a
little bit, or less, Ellicott City experienced 6 inches in 2
hours. And that caused a 6- to 8-foot wall of water to travel
down Main Street.
Similarly, on May 27th of this year, 2018, the region again
experienced typical thunderstorms, but again, Ellicott City
experienced 7.5 inches in 5 hours, with the majority of that
happening over about 3 hours and another 6- to 8-foot wall of
water going down Main Street.
The Weather Service described these storms as back building
storms. It was something that we had never heard of in my
circle--excuse me. In my circles, we had never heard of that
before. And we were told that it's not something that could be
predicted, when and where they might occur. They also indicated
to us the frequency and intensity of severe storms is on the
rise, especially in the Northeast.
Within this context of information, we began comprehensive
modeling of the watershed in 2016. Basic design principle was
to minimize the water spilling out of the culverts and channels
onto the street so that it posed less of a threat to property
and life. The 100-year storm was modeled, in addition to the
July 30th, 2016, storm.
The study identified 18 potential locations to retain
stormwater as well as recommending needed conveyance
improvements. The cost was estimated to be approximately $80
million.
In August 2017 four projects were selected to move forward
based on the positive impacts they would have on the community.
However, even with all 18 projects, the modeling only showed
modest reductions in water elevations on the upper end of the
Hudson Branch and less on the lower Tiber, or the lower part of
Main Street near the Patapsco River.
So we realized that structural solutions were not the end
all be all, they weren't the only piece of the overall
solution, and that we needed to search out other things.
We engaged with the Corps of Engineers, as you've heard, to
evaluate flood proofing strategies for the town, and after the
study was done, we set aside a modest pool of money for grants
to kick start the flood proofing program.
And we've taken a hard look at correcting and removing
pinch points in the channel conveyance, such as 90 degree
bends, significant reductions in the channel size. If you've
been out there, you see it. The channel goes from 50 feet to 15
feet. That might have been excellent for a mill town back in
the 1800s, but it doesn't really have a purpose today other
than to be detrimental to the community. And other
constrictions posed by buildings that straddle the channel.
So--but our resources are strained, with the greatest
challenges being funds to implement the plan. FEMA has been a
lifeline, certainly a lifeline immediately after these events,
to restore the infrastructure. But we ask for help in being
able to maximize funds from pre-disaster mitigation and flood
assistance grant programs. We need help navigating the process.
And even with this assistance, these programs may be
limited in the contribution they can make. So we are asking
what other programs there are that may help us bridge the
funding gap that we find ourselves in.
We have much work to do to restore this community to a more
resilient and sustainable form, and we can't ignore the urgency
to get the work done.
So, again, thank you for this opportunity, and I look
forward to answering any questions you may have.
[The prepared statement of Mr. DeLuca follows:]
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Senator Cardin. Thank you.
Councilman Weinstein.
STATEMENT OF JON WEINSTEIN, COUNCIL MEMBER,
DISTRICT 1, HOWARD COUNTY COUNCIL
Mr. Weinstein. Thank you, Senator. Jon Weinstein, Council
Member for District 1, representing Historic Ellicott City.
Thank you very much, Senator Cardin, Senator Van Hollen,
and Congressman Cummings, for being here at this very important
hearing to hear representatives from our community and to help
us in moving forward.
I'd like to start by thanking you, the Federal members who
have been actively engaged in response to the floods in 2016
and 2018 and our recovery efforts. I'd like to recognize your
partnership--as you all pointed out, it's critical to our
success--and the partnership among the local, State, and
Federal elected and government officials.
As it should be, natural disasters should be a time when
those in public service focus on doing what's right. And I know
that you all have demonstrated that, and I look forward to
continuing that with you.
County Executive Kittleman and Governor Hogan, Delegate
Flanagan, who's behind me as well, my colleagues on the
Council, and our representatives, you have come from both major
parties, yet partisanship never enters the question. We see
partnership over partisanship, and that is going to be how we
solve this problem.
You've heard from my friend here, Mark DeLuca. We've spent
a lot of time together talking through all sorts of scenarios.
You've heard from experts from the EPA and from the Army Corps.
They all bring pieces of the puzzle--I'm going off script here.
I know you may have my comments from before. And I do have some
of the answers that you asked the previous speakers.
We've made progress, but things have changed. The frequency
and severity of these floods, as Mark said, are not
predictable. The National Weather Service informed us just a
few weeks ago that they need help. So, on their behalf, they
need funding and time to review how they look at storms, no
longer looking at them in 24-hour periods but based on severity
in short periods of time.
So the standards that we use in counties and localities all
around the county to determine how we build, how we design
stormwater facilities, it needs to be adjusted, and it needs to
be reflective of our current scientifically based context of
the changing climate.
We've talked about funding. That is simply the bottom line.
Howard County, we're one of the wealthiest counties in the
country, and we have lots of resources to bring to bear. But
even we cannot bear the full cost of this recovery effort.
In Frederick County, there was a partnership between the
Federal, State, and locals that basically shared a third each
of a major project, a project, by the way, which took well over
20 years to execute and cost in the vicinity of $60 million. We
are talking about the same thing here.
We have opportunities to do things quicker and better
because of the studies that have been done. The H&H study
that's been referred to a couple times is regarded as a great
blueprint, which we have been updating and revisiting since the
day after the last flood just a few months ago. And we're
hopeful to roll out a plan in the next week or so, if not
sooner, that identifies the data driven recommendations for
dramatic improvements to the conveyance of water through the
town.
So we have looked at that, but funding it comes down. We
are in a weird situation. The flood happened 3 days after we
passed our budget, and we can't change our budget. By code and
our charter, we can't just change our budget and add a whole
bunch more spending to it. We have to get additional sources of
revenue, which would be coming from the State and the Federal
Government.
We had a great meeting with Secretary Grumbles and other
Secretaries just last Friday to talk about all the various
programs. But even they have a similar constraint in terms of
how the dollars identified at the Federal level are spent.
There are rules that prevent our jurisdiction and
jurisdictions around the country from building better
replacements than what's been destroyed, which is somewhat
illogical but is an outcome that we've seen as a result of
other disasters like Hurricane Sandy, where the better solution
is the more innovative, more technologically sound, more
scientifically based solution that's grounded in today's
information, not just going back and putting a pipe back in the
ground that's the same size and configuration as was there
before.
The huge pipe that was swept down and destroyed Ellicott
Mills Drive, that intersection, which will take us many, many
months to replace, we need to do something more comprehensive
there, which we're working on. We have a great plan for
replacing that, and the funding--we'll get some Federal funding
for that. We're grateful for that. Unfortunately, that--we have
to foot the bill up front. We have to pay 100 percent of it,
and then we'll have to go through a process to get 75 percent
of those funds back.
So, on the whole, funding remains, between the sufficiency
of funds, the ease of access to those funds, and some of the
local program rules. I have some solutions which are in my
statement which I'd be happy to share with you during the
question and answer period.
As well, just general support. I think the one thing the
Federal Government can do to expedite this is to go more
directly. Where you can come in, and there's a lot of scenarios
where it goes to the State first, then to the counties, or some
of the times the counties first. If you can go direct to the
people who need the support, that would be best.
So, with that, I'll just conclude with one simple point.
The solutions to these issues are possible. They're possible
with comprehensive funding and support. Our county engineers
and industry partners and experts in our community, in fact
across the world, have come forward with recommendations that
we are getting ready to put into place. We need the support to
do that, and I'm looking forward to working closely with you to
make sure it gets done.
Thank you very much.
[The prepared statement of Mr. Weinstein follows:]
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Senator Cardin. Thank you very much for your testimony.
Ms. Kubofcik.
STATEMENT OF GRACE KUBOFCIK, PRESIDENT, BOARD OF DIRECTORS,
PATAPSCO HERITAGE GREENWAY, INC.
Ms. Kubofcik. Senator Cardin, Senator Van Hollen, and
Representative Cummings, welcome. Welcome to the Patapsco
Valley Heritage Area. We, the Patapsco Heritage Greenway, are
the managing entity of this 24.6 square mile heritage area, the
smallest of Maryland's 13 heritage areas.
Our Patapsco Valley is where people lived and worked during
the 18th and 19th century on the banks of and land close to the
Patapsco River. They supplied finished goods, like iron,
textiles, paper, and flour, to a growing Nation and the world.
From 1733, Elkridge Landing linked our valley to the Chesapeake
Bay and to the world ports of Europe.
In 1772 the Ellicotts, two Quaker brothers, established the
flour milling industrial village of Ellicott City, and since
then, Ellicott City has stood as a well preserved 19th century
mill town.
Within our heritage area are the mapped boundaries of the
communities of Catonsville, Oella, Elkridge, Relay, and
Ellicott City. There are 20 historic districts, 500 historic
properties, which include 27 historic landmarks. One of those
landmarks, the 1830 Ellicott City Baltimore and Ohio Railroad
Station, the oldest surviving railroad station in America and
the site of the first 13 miles of track ever constructed in
America, is a National Historic Landmark.
The Patapsco Heritage Greenway rents office space on Old
Columbia Pike in Ellicott City on Tonge Row, a group of
buildings built by Ann Tonge in the 1840s for the residence for
mill workers. Many of our partners in this audience--and there
are many partners in this audience--could have been sitting at
this table presenting testimony to you.
The night of July 30th, 2016, we began assisting in flood
recovery. We used social media as a hub for information
sharing, which continues to this day. We assisted in flood
recovery efforts to ensure that all historic buildings were
saved from demolition. We contacted and worked with our
preservation partners, Preservation Maryland, who initiated
structural engineering experts and staff reviews, and we
secured building materials for stabilization efforts.
Preservation Maryland and the Howard County Department of
Planning and Zoning helped property owners navigate tax credits
and grants.
Our volunteer Stream Watch team members identified two
major sewer leaks flowing into the Patapsco River. Our 419
volunteers removed over 13,000 pounds of flood debris from
Ellicott City tributaries, Oella, the Patapsco Valley State
Park, and Hammonds Ferry Road in Elkridge.
On May 27th, 2018, another major flooding catastrophe
struck our valley. Again, we engaged immediately through social
media. Stream Watchers were alerted. Contact was made with
Preservation Maryland and the Maryland Historical Trust.
First cleanup efforts were in the Patapsco Valley State
Park. The damage was breathtaking. By July we had conducted six
cleanups with 175 volunteers and removed over 3 tons of flood
debris. Stream leaders were active in Oella, Catonsville, and
Ellicott City tributaries. Another sewer leak was discovered
and reported.
This time using our own financial resources, we gave a
total of $10,000 of flood recovery funds to Friends of Patapsco
Valley State Park, the Catonsville Chamber of Commerce, and the
Ellicott City Partnership. We have cleanups scheduled through
September and October.
We as an organization have a very clear vision for Main
Street Ellicott City. Our Main Street is a Main Street that is
one of a safe, vibrant pedestrian and transit corridor. It is
not one of a corridor of a reoccurring tributary created by
rain and storm runoff. Our vision is a Main Street lined with
historic buildings, filled with retail, arts, and restaurants,
and with residents on upper floors. The Tiber and the Hudson
and New Cut tributaries flow clear and safely through their
natural streambeds and built channels to the Patapsco River.
Upstream stormwater is contained and slowly released.
We urgently need Federal help to realize this vision.
Safety is critical. Federal resources are needed to immediately
construct stormwater retention facilities and water conveyance
channels.
Investment in new technologies is critical.
Resources are needed to preserve and restore historic
buildings.
Resources are needed to encourage the production of flood
mitigation products such as waterproof doors and windows and
warning systems.
Resources are needed to make flood insurance an asset, not
a financial burden and liability.
And resources are needed to maintain the National Road,
which is Main Street, running through Ellicott City as a
transportation and pedestrian corridor.
And finally--and Senator Cardin, we know you are deeply
involved with this--Federal historic tax credits are not well
equipped for small Main Street-type projects. They need to be
updated to reflect the needs. The tax credit should be made a
transferable credit and should reduce the expansive adjusted
gross requirements. Federal credit improvements should be
proactive in disaster resiliency funding and planning.
And we thank you for the opportunity and for the ask to
allow us to testify.
[The prepared statement of Ms. Kubofcik follows:]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Senator Cardin. Thank you for your testimony.
Dr. Fleming.
STATEMENT OF MATTHEW H. FLEMING, PRESIDENT,
BOARD OF DIRECTORS, ELLICOTT CITY PARTNERSHIP
Mr. Fleming. Thank you very much. Senators Cardin and Van
Hollen and Congressman Cummings, thank you for the privilege of
coming before you to speak about flooding events in Ellicott
City, Maryland.
My name is Matt Fleming. I'm the President of the Board of
Directors of the Ellicott City Partnership, or ECP.
The ECP is a not-for-profit organization that serves
Ellicott City's Historic District, or Old Ellicott City.
Balancing the functions of a chamber of commerce and a historic
preservation organization, the ECP works to preserve the
heritage and vitality of Old Ellicott City while creating and
enhancing economic growth. The ECP's constituents comprise
businesses, property owners, residents, and visitors to Old
Ellicott City.
Old Ellicott City is a place of national historic
significance. As we've heard, founded in 1772, Ellicott's
Mills, later renamed Ellicott City, grew to become one of the
largest milling and manufacturing towns on the East Coast.
Roots of the Industrial Revolution trace to Ellicott City,
which served as the first terminus of commercial railroad in
the United States.
Old Ellicott City is the seat of Howard County, home to
some of the Nation's very best schools, most educated populous,
and highest median income. The gem of the Mid-Atlantic with its
celebrated Main Street, Old Ellicott city offers a unique mix
of businesses, cultural and historic sites, and green spaces.
Old Ellicott City is also a place of economic significance.
At full capacity, its nearly 150 businesses provide a diverse
mix of retail, dining, and services. Research conducted by the
University of Baltimore suggests that Old Ellicott City
businesses in 2016 contributed $197 million in business
activity to the county, supported nearly $80 million in labor
and income, and generated some $14 million in government
revenues.
Old Ellicott City has historically been prone and largely
resilient to overbank riverine flooding. Recently, however, Old
Ellicott City has experienced destructive flash flooding. Two
catastrophic flash floods have followed separate 1,000-year
weather events, the first on 30 July 2016, and the second on 27
May of this year. Both flash floods have resulted in loss of
life as well as considerable damage, with property and business
owners suffering millions of dollars of losses.
Research suggests that the 2016 flood reduced business
activity by $67 million, labor income by $27 million, and
government revenues by more than $1 million. And the 2018 flood
was more destructive and impactful. Culverts and roadways were
destroyed, along with historic buildings. And current
statistics suggest that many fewer businesses are likely to
return.
The ECP has sought to help its constituents following each
flood event. In 2016, for example, the ECP raised and
distributed $1.8 million in flood relief; worked with county
partners to provide returning businesses with various services;
developed, promoted, and delivered an array of events to bring
visitors to Main Street; and convened constituent meetings to
share information and emotional support to affected parties.
In 2018 the ECP has stepped up to play a similar role,
though fundraising amounts trail those of 2016.
In the wake of the 2018 flood, to guide our own post-flood
work plan and also to support the recovery planning of our
public sector partners, the ECP conducted a needs assessment of
its constituents. Constituent needs of greatest relevance to
Federal Government partners include the following:
No. 1, funding and immediate completion of critical
stormwater management projects. This is the most important and
pressing need identified by ECP businesses and property owners,
particularly the aggressive acceleration of projects to ensure
that Old Ellicott City is better prepared for the next flood
event.
No. 2, Federal and State funding to assist the county with
purchasing properties repeatedly damaged by flooding.
No. 3, assistance with continued development and funding of
an effective warning system that communicates with all parties
in harm's way.
No. 4, assistance developing robust emergency preparedness
plans, to include evacuation plans to the level of individual
properties.
No. 5, subsidies for or other assistance with flood
insurance.
No. 6, assistance with the ongoing development, funding,
and delivering of a comprehensive stormwater management
approach for the full watershed, and
No. 7, grants--not loans--to allow businesses and property
owners to rebuild.
The ECP has worked closely with its local and State
partners in Old Ellicott City's recovery. The ECP recognizes,
however, that major infrastructure and related projects will be
required to increase the long term safety and resilience of Old
Ellicott City and that these projects will require more
resources than local and State partners can reasonably
allocate.
The ECP appreciates the focus of the Subcommittee and
broader Committee on issues of relevance to infrastructure and
flooding risks, and requests assistance meeting the needs of
its constituents.
In closing, and on behalf of my ECP colleagues and
constituents, I thank you, Senators Cardin and Van Hollen and
Congressman Cummings, for the opportunity to speak here today
and for your support of our beloved Old Ellicott City.
[The prepared statement of Mr. Fleming follows:]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Senator Cardin. Well, let me thank all four of you for
really putting a lot behind this issue, more than just the
individual properties. It's about the history, it's about the
future, it's about a community. So I very much appreciate your
testimonies.
Ms. Kubofcik, one of the things you said is absolutely
accurate, and that is the historic tax credit issue. If there's
an opportunity, probably in the next Congress, we're going to
be revisiting the tax credits, and there's bipartisan support
for strengthening the historic tax credits.
So, what I'm going to do is have my tax person work with
the community to see whether we can establish an easier path on
allocations on the historic tax credits for those properties
that are at risk because of flooding. And it may give us an
avenue to be able to preserve some of these historic structures
in a safe manner moving forward.
So, I thank you for that recommendation because I think
that's one we can move forward with, and there's great interest
on the historic tax credits. So, thank you for your comments on
that.
Ms. Kubofcik. Senator Cardin, one of our partners, which
was Maryland Preservation, would love to have the opportunity
to work with you on this, as would we. We think it's a tool,
and we think it's a tool that can be utilized in smaller
settings for small businesses, et cetera, and private property
owners.
So, I'm disappointed to say it's going to be the next
session. I did see bipartisan support, and thank you for
reaching out to get that bipartisan support. But I think it's a
tool that could be applicable throughout the United States but
very important for Ellicott City.
Senator Cardin. We were able to preserve it in this tax
debate, and that wasn't a certainty.
Ms. Kubofcik. I know that, sir.
Senator Cardin. And Preserve Maryland seems to be always in
my office, so you have a very active partner.
Mr. DeLuca, you raised something which--I should have
thought this out. But we always remember the Patapsco rising
and causing flooding in Ellicott City. I'm reminded that, when
I was young, I'd come out here to see the floods when the
Patapsco rose up. But now, recently, these are tributary
floods, as you pointed out, which is runoff problems.
So, it's a different circumstance when one thinks of the
historic vulnerability of Ellicott City to flooding. It just
points out one more time the need for structural considerations
here, that we are dealing with a watershed problem, not so much
the general flood vulnerability that Ellicott City experienced
in the past. Is that fairly accurate?
Mr. DeLuca. I would agree with that. I think that my memory
is relatively short, but my memory is of Agnes, and even after
that, our concern was always the Patapsco rising because
there's no way for Liberty Dam up the road to actually release
water. It has to crest.
So we're always constantly monitoring the upstream flow to
see if we will get water or where that peak water is going to
be, when it will hit Ellicott City, and to kind of guess how
high up Main Street it'll go.
These are different. The tributary flooding is different.
It's caused more from I'd say a changing weather pattern that's
dumping much more water right over this watershed. Like I said,
it's a very small watershed. We wouldn't--it's a sub-watershed.
It's a part of a much larger watershed. But it's--these three
tributaries all drain to the same place. And so we've had some
complicated storms that have come through.
And I mentioned that there were three storms that came
through: 2011, 1916, and 1918. But 2011 was Tropical Storm Lee,
and that had a very unique rain pattern. It's like a train of
storms that just--the storms follow one another over the same
area, but they're constantly moving.
These back building storms, the way they've been explained,
and I'm probably oversimplifying, but they--it's like they hit
a wall. Like a thunderstorm is moving--a line of thunderstorms
are going through the region, but in a back building storm,
it's almost like it stalls, and it starts to build up behind
itself again so that it--so all the energy is going behind it,
and we get this intense rainstorm over a very, very small area.
Senator Cardin. Thank you.
Mr. Weinstein. If I can add something as well because this
is something that Colonel Litz brought up. We have areas within
the watershed that were developed 50, 60 years ago and without
any modern or even any stormwater management. The Army Corps
has offered to do maybe another study. They require your
support to do that.
We've done a lot of studies in terms of major projects that
we can undertake. We've got a great inventory of projects we're
working through now. But we can use some help in looking at a
comprehensive strategic look at existing neighborhoods where
there is little or no stormwater management or how can we
effectively manage the storms. Because, in addition, they're at
the higher elevations in the watershed as well. They're sort at
the headwaters. And Mr. DeLuca and I had a meeting with
constituents in that area just a few weeks ago trying to talk
through that particular issue with them.
Senator Cardin. And you had some legislation, or I believe
you do, that basically says let's back up a little bit on what
we do to make sure we're not doing more harm.
Mr. Weinstein. Sure. Right.
Senator Cardin. If you'd just explain that briefly?
Mr. Weinstein. Sure, yes. We passed just at the end of last
month a moratorium on any construction in both the Tiber
Watershed and the Plumtree Watershed. So, again, it's part of
the bigger watershed, but two areas which have expressly
experienced devastating flooding that has either caused loss of
life or threatened loss of life particularly in those two
areas.
So that's a 12-month moratorium, and for the most part,
there's no construction unless you're rebuilding from the
damage of a flood or some other disaster.
Senator Cardin. Dr. Fleming, you mentioned about the
private conveyance properties that no longer are going to be
utilized. And that's one of the reasons why I think we need
more information. Because when you're looking at some of these
more expensive options on structural changes, it appears to me
that there's a willingness from the local community and from
the county government to look at those options, but do you
really have enough information to make this cost effective and
provide a more permanent watershed solution?
Mr. Fleming. Yes, so I certainly would like to start out by
saying that I'm not a hydrologist. That is not my field of
expertise. So what I've been trying to do is convey what we've
heard from our constituents. And I think that there is a sense
that we may need to recognize that some significant changes may
be required to deal with, as we've heard earlier today.
We need to maintain the historic nature of this town.
That's what draws all of us to it. It's what makes it such an
amazing place. But there may need to be radical changes. I, nor
the ECP, we are not qualified to say ``We should do X or not
Y,'' but we're hearing from our constituents that it's time to
face facts that we may need to take drastic measures.
Senator Cardin. Senator Van Hollen.
Senator Van Hollen. Thank you, Senator Cardin.
Thank all of you for your testimony and your commitment to
making sure Ellicott City has as bright a future as it has had
a past and look forward to working with you.
I'm trying to get my arms around what we know based on the
studies that have been done, and then, obviously, we've got to
all figure out how to pay for it, right? And I do believe, as
my colleagues do, that the Federal Government needs to play a
very important role in that.
But as I understand the testimony--this is why I asked
Colonel Litz if he'd reviewed it--the most recent sort of
assessment was the Hydrology and Hydraulic Study that we've
been talking about, which referenced, I believe, 18 projects.
Is that what you said? I'm sort of asking those who are most
closely following this. Eighteen projects?
Mr. DeLuca. That's correct.
Senator Van Hollen. OK. And the price tag for that is $80
million; is that right?
Mr. DeLuca. Yes, approximately $80 million.
Senator Van Hollen. OK. And is that what we're estimating
the overall cost of the long term infrastructure improvements
to be at this time? Is that sort of a global figure? Or are
there additional costs that--other sort of initiatives that
you're looking at?
Mr. DeLuca. There are other initiatives that are very
specific that we've added onto the original H&H study. We're
constantly updating the study and providing additional
modeling. And we do have other projects that we think will help
reduce or mitigate flooding in specific areas more effectively,
especially in the lower part of Main Street or what I would
call the mid-part of Main Street as well.
And we could share those. We could--right now, that's
supplemental information. It's not part of the 2016. It is
available, and we can make sure that they're included when--if
the Corps would like to review those as well.
But yes, I'd say that as far as the dollar amount, $80
million is the all around number that we've been using.
Senator Van Hollen. OK. And as part of sort of piecing
together the financing of that, I know you've moved forward at
least on four projects, right, in the design and engineering
stage; is that right?
Mr. DeLuca. That's correct.
Senator Van Hollen. OK. And for those, are those budgeted
already within the Howard County Government budget?
Mr. DeLuca. The design----
Senator Van Hollen. The design.
Mr. DeLuca [continuing]. Or evaluation is budgeted. Two of
the projects, construction dollars are available, and two of
the projects, not yet.
Senator Van Hollen. OK. So I just--we obviously should all
keep in regular communication and put forward what we think is
a realistic financing plan, figure out how much the county can
reasonably invest, what the State's role is--obviously, the
State's been very engaged--and then the Federal role.
So, I think there is--as I see it from the Federal
perspective, there are two big pieces of this. One is, what is
the Federal role in the planning and financing of the major
infrastructure changes?
And then, second, as Senator Cardin and Congressman
Cummings have been talking about, making sure Federal agencies
are responsive to trying to meet the immediate needs of a lot
of the business owners, and to the extent relevant, also
homeowners in terms of the SBA, in terms of the--I know there
are a number of SBA grants that are pending since the most
recent flood. I don't know if any of you can give us an update
on the status because we want to make sure that we're--and I
have been trying to constantly push SBA to make sure that they
do everything they can do as quickly as possible.
Mr. DeLuca. So, I think that a better accounting--we can
provide a better accounting to make sure that everything--that
we're covering everything--every line item.
Right now I think one of the issues that we're having is we
just had this event. It was at the end of a budget, and we're
in the position of having to forward fund even the FEMA
reimbursable projects. And so we're putting out 100 percent of
the cost of the restoration projects, and then we have to wait
for the FEMA reimbursement, and that time lag puts a financial
strain on the county as well.
So there are a lot of things at play, and there are
creative ways that we have to put money and cobble funds
together in order to get the contractors to do the restoration
work.
And I just bring this--I just point this out as one example
of many budgetary line items that we're having to deal with
right now that are straining the resources of the county.
Senator Van Hollen. I appreciate that. I mean the FEMA
commitment to date has been--it's been over a million dollars,
but you're saying that funding has been committed but not--the
moneys have not yet been provided; is that right?
Mr. DeLuca. Right. Correct.
Mr. Weinstein. For the most recent flood, and there are
still outstanding reimbursement funds from the 2016 flood. And
so I've talked with jurisdictions in Colorado that have gone
through that, and it's years and years before they get the
final--I understand there are pieces to that puzzle, but it's
important that it comes as quickly as possible, if not--half up
front would be nice.
Senator Van Hollen. Yep, I hear you. OK. Thank you, thank
you.
Senator Cardin. Congressman Cummings.
Representative Cummings. Just trying to figure something
out here. Mr. Weinstein, you said that there are solutions--we
would be better off with the more modernized solutions as
opposed to doing things the same old way.
Mr. Weinstein. Right.
Representative Cummings. How does that play into all of
this? I'm just curious. I assume that those solutions are more
expensive most of the time.
Mr. Weinstein. Yes. On the whole, I would imagine they are,
but speaking more globally, there are probably places where a
new solution is a cheaper solution, right, as well.
We were talking about one where the original--the design
for the project was a pipe, but as we look at other projects
that we would add to the inventory of projects we'd execute, a
less expensive bridge might be better. But again, we have to
make the decision if, in going that route, do we then lose the
Federal funding that would pay for some or all of that project?
So if that comes out of the equation, and all we're dealing
with is what funding can be given to us to do the best thing
for this specific geography and geology--I mean, Mark has
explained; we've got weird storms going on in Ellicott City,
and we can talk about all sorts of thunder, lightning,
snowstorms that we've had as well. It's dumped a bunch of snow
on us, nowhere else in the county.
But that's a key thing. And I even think about it in terms
of the Superfund Program, right? We have an area that is
extremely sensitive to flooding that we can address if there
was a commitment of a specific amount of dollars that we knew
was coming and we can work with, then to leverage that money to
borrow some money, to work with the private industry to create
the P3 projects which the Federal Government is encouraging in
some ways.
So there are ways to do it, but I think we need to start
thinking about different ways. We have different weather
patterns. We have different ways to address those things. We
now have to find different ways to fund them as well.
Representative Cummings. Mr. DeLuca, Barbara Mikulski said
something to me when I first came to Congress, and I'll never
forget it. She said, ``When constituents come to you, make sure
you do not promise results but promise best efforts, that
you'll give it your best.''
And I don't want people going out of here with--I want them
to have a real sense of--and I think both Senator Cardin and
Senator Van Hollen have said this.
I guess I'm trying to figure out what do you--what do we
say to the people who are in this audience who are really
trying to make some tough decisions? I mean tough decisions.
These are destiny-type decisions. And we know what we have
here. We have a delegation, right, fighting hard. Everybody's
fighting hard. And what are you all saying to them, Mr. DeLuca?
I'm just curious.
Mr. DeLuca. Well----
Representative Cummings. I'm sure you get that question
often.
Mr. DeLuca. Yes.
Representative Cummings. In other words, what I----
Mr. DeLuca. Maybe not often enough.
Representative Cummings. OK. I'm just curious. And I'm not
trying to put you on the spot. I'm trying to get--be practical
here because these folks are making decisions that, like I
said, are destiny altering. But go ahead.
Mr. DeLuca. Well, like I said in the testimony here, that
even with these 18 projects, when we looked at what difference
the water elevations were, it was modest. And so, in a model,
if you're getting in some areas it looks like it's dry, but in
other areas we didn't get the same kind of results.
So when you're looking in the residential community, and it
looks like it's a 6-inch drop in water elevation, anyone that's
worked in modeling might say, ``Well, that really didn't move
the needle enough.'' So, 6 inches, if that's put out, well, you
get a reduction of 6 inches. That's below my basement window;
my place doesn't flood anymore.
But that's not necessarily true because the model is only
as good as the information that's put in, and it's just a tool,
right? So we're looking for major drops in water.
And so there are some areas--and I also said that there was
less of an impact on the lower part of Main Street and the
lower part of Tiber, and that's always been the case. To bring
that 8 feet of water down, really, you have to do very dramatic
retention, and there just aren't those opportunities in the
watershed to make these gigantic levies or dams. I mean you're
only going to be able to hold back so much.
So, in the upper watershed, you have some areas; if we were
to do these projects, some areas would dry up a little. Maybe
we could get 4 feet of water down to 2 feet of water. But a car
could still move in 2 feet of water, but it would be much less
damaging.
And then, on lower Main Street, if we implemented some of
the plans that we kind of put forth, maybe we could go from 8
feet down to 8 feet, and 8 feet's a lot more manageable with
flood proofing and some of the other techniques that have to go
hand in hand with these structural solutions to--and also the
warning system. It goes a much longer way.
So we're not saying we can--there's no silver bullet, and
we're not promising that. I know that everyone would love to
see that. I would love to see it, too. But the models haven't
indicated that we're going--that a 100-year storm or a 1,000-
year storm or--I tend not to talk about the 1,000-year storm or
the 100-year storm. I like to talk about how many inches per
hour that we're getting.
But if we get 3 inches per hour or 6 inches in over 2
hours, that we'd be able to reduce the water levels where we
didn't have 8 feet of water going down Main Street. Maybe we
only have half that amount. And that's much easier to, like I
said, flood proof, much easier to control that.
I think that some of the other areas we need to look into,
as was mentioned here, is the advanced warning system. We are
working with Department of Homeland Security on a grant where
they've done their proof of concept with some contractors. We
have some systems that we're deploying now, 33 sensors
throughout the watershed, so that we can better map out exactly
what happens in the watershed and what kind of alert system we
could actually put together.
We've also talked about plans--I know our emergency
operations people have talked about plans of how to evacuate.
So it's all these things all together. It's not going to
just be these structural solutions. Eighty million dollars
could drop out of the sky, and we would still have a threat of
flooding in Ellicott City.
Representative Cummings. Thank you very much.
I see my time is up.
Senator Cardin. Well, I think my colleagues have raised
very interesting questions, and your answers have been very,
very helpful.
The bottom line, of course, each person must make their own
decision. And some know that they can't risk their families to
live in the area, and they had to move. It's happened. Certain
businesses don't have the resources, and the risk factors are
just too great, and they can't rebuild.
Some people saw their life flash in front of them during
this most recent storm when they were rescued, didn't know if
they were going to be rescued or not, didn't know whether they
would survive the storm. So that's an experience that is life
changing. And so you each--understand each person's going to
have to make their own judgment as to their future.
What we're committed to, and I think Congressman Cummings
said it best, we're going to do everything humanly possible to
preserve Ellicott City. It is a treasure. It's a treasure for
our country, this Main Street historic community. And the
character of it is determined by the people that live and work
there. These aren't chain stores. These are people from our
community. And we're going to do everything we possibly can to
preserve that.
And yes, the easier decisions to implement are the ones
that deal with the waterproofing of your homes. And your 18
proposals, which are major changes, as you point out, won't
protect against something that happened in May because it's not
just the water level, it's the flow, which is something that
we're not used to. As I said, historically, we saw the water
flow--the rise of water and that was the risk factor, but now
it's the flow of the water and the strength of that flow, what
it does to buildings, what it does to cars, what it does to
people.
So that's what we need to understand, and that's why I come
back, as I see it, in looking at the watershed. I, quite
frankly, think we don't have enough information yet. I think we
do need to get a further understanding of the watershed because
it's beyond just--I appreciate it's a small watershed, but it
still requires us to have a better understanding how to divert
and how to widen and how to impact flow so that the risk
factors are better understood and can be mitigated.
And I can tell you, as both Senator Van Hollen and
Congressman Cummings have said, we're going to do everything we
can to get that information to implement as many of these
policies as we can and to do as much transparency as possible.
One of the things I really appreciate about the leadership
in this county is that it's been a very transparent process. We
share the information with you. We try to be as open as
possible and as realistic as possible so that you can make your
own decisions, but more importantly, we can get the community
to come together on a plan. And we're committed to making sure
that continues.
The Federal partnership is part of it. It's a lot more than
that, as you know, the local efforts, the State efforts, the
private sector efforts. But we do believe the Federal
Government has a very important role to play.
So we will take back the information that we've gotten from
this hearing to see whether we can strengthen the Federal
Government's partnership to preserve the future of this
historic community.
The record will remain open for 2 weeks, til September the
3rd, for additional comments that may be submitted or
additional information that we may request.
But I thank everyone, our panelists, and I thank the people
that are in this room. And as we said earlier, we admire
greatly your courage, and we thank you for what you've been
able to do to preserve Historic Ellicott City.
Thank you all very much. The meeting stands adjourned.
[Applause.]
[Whereupon, at 3:02 p.m. the hearing was adjourned.]
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