OKLAHOMA’S STATE FLOODPLAIN OKLAHOMA’S STATE FLOODPLAIN PERMITTING PROGRAM OKLAHOMA’S STATE PERMITTING PROGRAM Presented at AFSPM 2011 National Conference In Louisville, KY Presented by Leslie Lewis, PE, CFM and Gavin Brady, CFM As a community participating in the NFIP, monitoring development in the floodplain is crucial. Communities often overlook the impact that roads and bridges have on regulatory floodplain and/ or special flood hazard areas.

The Oklahoma Turnpike Authority (OTA) How it began… The Oklahoma Turnpike Authority (OTA) Region VI and Bill Kuno Turnpike through Jenks Jenks had concerns and requested additional information Threatened legal action Told State we were required to Permit on State Owned and Operated Property

What next? Recommendations from our Legal staff and FEMA Who would be our customers? Enter into Memorandum of Agreement (MOA) with State Agencies…ODOT, OTA, Grand River Dam Authority (GRDA), State Universities, Parks and Colleges

Must Develop Rules… Chapter 55…Development on State Owned Property Within Floodplains (1991). Rules shall be construed to be minimum requirements to decrease and eliminate human induced changes to the floodplain which may increase flooding. Used language from 44 CFR. Felt possible suspension from FEMA.

Rules Will act as the State Floodplain Board. OWRB’s 9 Member Board OWRB Staff Will act as the State Floodplain Board. Will recognize the Oklahoma Floodplain Management Act of May 1980 when establishing rules. Coordinate with Region VI while developing Rules. Wanted more local involvement in the permitting process. “Riverine Situations” 60.3(b)6. Took liberties with “notifying adjacent communities” and added 30 days.

ODOT as Primary Customer 12,000 miles of State maintained roads. Over 5,200 bridges over water. OFMA Regional Representative as primary contact…Leslie Lewis, P.E., CFM. Relationship with the Federal Highway Administration (FHWA) and its awareness of floodplain regulations dating back to 1979. MOA in 1994.

Memorandum of Agreement (MOA) and Permit Application in 1994 In less than a year, ODOT and OWRB entered into an MOA and established a Establishes authority of OWRB and FEMA Establishes relationship of OWRB and ODOT

Memorandum of Agreement (MOA) What it contained Refers to definitions established previously in Oklahoma Administrative Code Defining “State owned property” as state owned right of way along highways, as well as other ODOT controlled facilities such as county maintenance areas and division headquarters

Memorandum of Agreement (MOA) What it contained MOA categorized proposed construction or development as: a. construction of roadway and bridges b. placement of structures c. filling, grading, channelizing, drilling, mining and excavating other development or substantial improvement ODOT will conduct the proper studies and make available all of the hydrologic and hydraulic studies that address potential impacts to the regulatory floodplain from the proposed construction or development ODOT will submit a permit application with a Professional Engineer’ s signature and seal IT also exempt routine maintenance emergency repairs and replacements from the MOA

Develop Permit Applications/Forms Look at other States for guidance. Involve Associations…OML, ACCO, OFMA. OWRB is a regulatory agency…seek guidance from within. Permitting Fees. Make it affordable for easier passage through Legislature/Board. No permitting fee for State Agencies…only $100 for others.

Current Permit Application The application hasn’t changed too much over the years Still have same ODOT contact info and Project identification information Project location and location description has changed by including the community name map panel number and zone highway, creek name legal description and written description. Type of construction and description is still there and we have added the computed BFE elev upstream of structure to the application Still states that studies are available at the Oklahoma Department of Transportation. Then signed sealed and dated The area below is for the OWRB Processing ( Gavin will go over later???)

Current Permit Application The current Firmette is attached to every permit application with the project location circled. The current Firmette is attached to every permit application with the project location circled. GIVE Over to Leslie

ODOT Project Development Process Project Initiation – developing the scope of project. The OWRB permit application comes towards the end of the design of a project. However the affects of the project on the floodplain is considered through out the project development process During project initiation a team of about 20 people from the field division, project management, roadway, traffic, bridge, survey, environmental , rail and right of way divisions and from FHWA all drive to the site with recon packages of information about the site to discuss and establish the intent for each project. At these meeting, everyone is provided the firmette of the location as well as additional information such as does the 100 yr overtop the highway, is there floodway present…. The size of existing bridge structure, drainage area to the structure, etc.

ODOT Project Development Process Survey location Once the project scope has been developed survey crews go out and survey the road and bridge Typically they survey an area about 300 – 500’ wide beginning slightly before the project start and finishing slightly after the project end. With all bridge surveys, they survey the stream / creek top of bank, toe of bank, and flowline (Thalewag) for 1000’ up and 1000’ downstream unless instructed otherwise. In case where floodway is present the will additionally get finished floor elevations as requested by bridge division. They always get the finished floor elevations of all structures within the 300 – 500’ wide survey extents.

ODOT Project Development Process Hydraulic Design bridge size, placement and roadway overtopping location all comply with the “Federal-Aid Policy Guide 23 CFR 650, Subpart A” FHWA oversight insures design of highways in floodplains consistent with NFIP During the hydraulic design, we build a HECRAS model of the natural channel ( no highway or bridges), Then from that model we build one of the existing bridges and highway. We then calibrate the existing model with historic information about flooding and overtopping to see if it reflects the existing conditions accurately. From there we develop proposals that agree with the project scope, and present at a hydraulic conference with Engineering managers from bridge, roadway, project management and the field. We compare existing and proposed backwater, compare outlet velocities , overtopping locations and overtopping frequencies. This meeting insures that, as the plans develop, the engineering managers understand why we sized the bridge we did and where and at what elevation the highway needs to overtop to not impact the SFHA. The OWRB permit application is a part of every project development checklist.

ODOT Project Development Process Once submitted , we typically get a permit back within 60-90 days. This is well before our plans will be ready to go to bid and be constructed so the time has never been an issue. The permit has a cover letter with the OWRB permit number, county and odot project identification number referenced. The cover letter states if approved or disapproved, and date of the meeting that it was approved at. The actual permit has OWRB permit number, county and odot project identification number and date of filing. It states that OWRB has reviewed and approved the permit application It further states that : This approval is made without prejudice to existing water rights on the project's tributary streams and should not be considered as a grant or approval of rights to the use of any water, which may be impounded by the structure. Acceptance of this Permit by the applicant shall be acknowledgement and agreement that the applicant will comply with all the terms, conditions and limitations required by Oklahoma Law as well as the Oklahoma Water Resources Board Rules and Regulations concerning development on state owned or operated property within floodplains.

Different Types of Permits Done over the Years We recently did a permit application for a new maintenance facility outside of McAlester, OK . We have had one instance of a proposed development on an ODOT flood easement that resulted in no permit or development. Only a few times has the community requested additional information other than that provided in the application. We recently did a permit application for a new maintenance facility outside of McAllister, OK . We have had one instance of a proposed development on an ODOT flood easement that resulted in no permit or development. Only a few times has the community requested additional information other than that provided in the application.

Oklahoma Department of Transportation and the NFIP Communities Through this process, the relationship with the counties and communities has grown. A better understanding of what information ODOT has or can provide a community continues to grow. We have communities reach out for flood information, survey elevations and computed high-water (BFE) from all over the state. Through this process, the relationship with the counties and communities has grown. A better understanding of what information ODOT has or can provide a community continues to grow. We have communities reach out for flood information, survey elevations and computed high-water (BFE) from all over the state.

Questions?? Leslie Lewis, PE, CFMcccc Region 1 Representative Oklahoma Department of Transportation 200 NE 21st, Bridge Division Oklahoma City, OK 73105 405.521.6500 llewis@odot.org Gavin Brady, CFM NFIP State Coordinator Oklahoma Water Resources Board 440 S. Houston, Room #2 Tulsa, OK 74127 918.581.2924 jgbrady@owrb.ok.gov