Executive Order 11988 – Floodplain Management Programmatic 8-Step Process Review – FEMA-DR-4848-KY Final Notice (Utilities)

For Various Sub-Applicants in Anderson, Bath, Bell, Bourbon, Bracken, Breathitt, Carter, Clark, Clay, Elliot, Estill, Fleming, Franklin, Greenup, Harlan, Harrison, Jackson, Johnson, Lawrence, Lee, Letcher, Lewis, Magoffin, Menifee, Montgomery, Morgan, Nicholas, Owsley, Powell, Robertson, Rockcastle, Rowan, Washington, Wolfe Counties; for multiple projects and sites involving standard utility repairs as defined.

Date: 03/21 /2025

Prepared By: H. Lam, Environmental Manager (EHMG)

J. Marquez, Environmental Manager (EHMG)

B. Molina Pol, Environmental Manager (EHMG)

N. De Jesus-Villanueva, Environmental Advisor (EHAD)

This document constitutes an Executive Order (EO) 11988 Floodplain Management programmatic eight-step review consistent with 44 Code of Federal Regulations (CFR) Part 9, which governs Floodplain Management and Protection of Wetlands. This review applies to the Federal Emergency Management Agency (FEMA) Disaster Recovery DR-4848-KY Public Assistance (PA) project involving Category F (utility repair activities only)located within a Special Flood Hazard Area (SFHA). The projects covered under this review must substantially conform to their pre-disaster design and dimensions, within pre-existing right of ways, with allowances for minor upgrades incorporating flood hazard reduction techniques to minimize flood impacts. Additionally, upgrades may be incorporated in accordance with applicable codes, standards, and best practice methods for repair, as outlined in the proposed action section.

This review applies only to Category F projects involving repair or replacement within the right of ways of above ground (antennas and towers work limitations will apply) or underground utilities (at previously disturbed ground) including waterlines, wastewater lines, gas pipelines, antennas, communication towers, conduits for cable, fiber optic or other transmission lines located within the floodplain, designated Waters of the US (WOTUS), designated wetlands, or Kentucky designated Special Waters. Furthermore, this review only covers those minimization techniques explicitly defined in the proposed action section and does not authorize alternative or additional flood mitigation measures beyond those prescribed.

This review does not apply to projects using polybags or other repair techniques that propose the addition of uncured concrete at the site.

The proposed actions must be conducted in accordance with conditions for federal actions in the floodplain as set forth in EO 11988 and FEMA’s implementation of regulation 44 CFR Part 9. Additionally, all PA grant funded projects carried out in the floodplain or affecting the floodplain must be consistent with National Flood Insurance Program (NFIP) participating communities’ local floodplain ordinance. Actions may require a floodplain development permit before commencing work, which is the responsibility of the Sub-Applicant. The goal of the NFIP is to reduce the risk of flood loss;minimize the impacts of floods on safety, health, and welfare; and preserve and restore beneficial floodplain values consistent with EO 11988 requirements for federal actions.

Proposed Action: Various state, county, and local utility companies and sanitary sewer and water districts (the Sub-applicants) seek FEMA, PA federal grant funds to restore flood damaged linear facilities throughout the area serviced under their authority. The Sub-applicants, located in: Anderson, Bath, Bell, Bourbon, Bracken, Breathitt, Carter, Clark, Clay, Elliot, Estill, Fleming, Franklin, Greenup, Harlan, Harrison, Jackson, Johnson, Lawrence, Lee, Letcher, Lewis, Magoffin, Menifee, Montgomery, Morgan, Nicholas, Owsley, Powell, Robertson, Rockcastle, Rowan, Washington, Wolfe Counties, propose work at multiple sites along linear facilities (utilities).

The proposed action scopes of work (SOWs) are limited to in-kind or to the pre-disaster condition for repair or replacement of underground utilities including waterlines, wastewater lines, gas pipelines, antennas, communication towers, conduits for cable, fiber optic or other transmission lines located within the floodplain, which may be located on designated WOTUS, designated wetlands, or Kentucky designated Special Waters. The above ground appurtenances of said underground utilities may include (but not limited to): pump stations, lift stations, and access vaults; the post- construction removal of debris from, regrading, and reestablishment in-kind of pre-construction conditions including topographical contours, vegetation, and structures where-- for the purpose of repair or replacement of underground utilities--excavated pits, staging sites, and access roadways have been employed.

Minimization methods or standard methods of repair allowable under this programmatic review include: the replacement of underground utilities with lines or conduits installed using Horizontal Directional Drilling;(HDD) also known as directional boring or trenchless boring the mobilization ,staging, and utilization o HDD installation equipment and procedures; use of HDD where no alternative is practicable to address utility lines and conduits at water crossings, of all kinds, including WOTUS, designated wetlands, or Kentucky designated Special Waters.All substantial improvements or upgrades, modifications, or minimization methods or standard methods of repair not outlined previously, must be reviewed individually.

STEP 1 - Determine whether the proposed actions are in a wetland and/or the 100-year floodplain (500-year floodplain for critical action [44 CFR 9.4]) or whether they have the potential to affect or be affected by a floodplain or a wetland (44 CFR 9.7).

Floodplain determinations must be done using “best available data” consistent with FEMA Policy 104-008-2 Guidance on the Use of Available Flood Hazard Information (10/11/16). For most of the proposed actions this will be Flood Insurance Rate Maps (FIRMS). Where FIRMS are not available, a floodplain determination will be made consistent with policy and noted in the Record of Environmental Considerations.

The project sites may be in the floodplains as mapped by the following NFIP participating communities:

 

Anderson County, Kentucky

Community Flood Insurance Rate Map (FIRM) # 21005CIND0C, 05/23/2023 

Bath County, Kentucky

Community Flood Insurance Rate Map (FIRM) # 21011CIND0A, 12/17/2010

Bell County, Kentucky

Community Flood Insurance Rate Map (FIRM) # 21013CIND0C, 01/29/2021 

Bourbon County, Kentucky

Community Flood Insurance Rate Map (FIRM) # 21017CIND0A, 01/06/2011 

Bracken County, Kentucky

Community Flood Insurance Rate Map (FIRM) # 21023CIND0B, 05/16/2023 

Breathitt County, Kentucky

Community Flood Insurance Rate Map (FIRM) # 21025CIND1B, 08/14/2024 

Carter County, Kentucky

Community Flood Insurance Rate Map (FIRM) # 21043CIND0A, 06/02/2011 

Clark County, Kentucky

Community Flood Insurance Rate Map (FIRM) # 21049CIND0B, 12/21/2017 

Clay County, Kentucky

Community Flood Insurance Rate Map (FIRM) # 21051CIND0A, 09/28/2007 

Elliot County, Kentucky

Community Flood Insurance Rate Map (FIRM) # 21063CIND0A, 08/05/2010

Estill County, Kentucky

Community Flood Insurance Rate Map (FIRM) # 21065CIND0A, 05/24/2011 

Fleming County, Kentucky

Community Flood Insurance Rate Map (FIRM) # 21069CIND0A, 05/20/2010 

Franklin County, Kentucky

Community Flood Insurance Rate Map (FIRM) # 21073CIND0C, 12/21/2017 

Greenup County, Kentucky

Community Flood Insurance Rate Map (FIRM) # 21089CIND0B, 09/26/2014

Harlan County, Kentucky

Community Flood Insurance Rate Map (FIRM) #21095CIND0C, 08/10/2021 

Harrison County, Kentucky

Community Flood Insurance Rate Map (FIRM) # 21097CIND0A, 01/06/2011 

Jackson County, Kentucky

Community Flood Insurance Rate Map (FIRM) # 21109CIND0A, 08/03/2009

Johnson County, Kentucky

Community Flood Insurance Rate Map (FIRM) # 21115CIND0A, 09/16/015 

Lawrence County, Kentucky

Community Flood Insurance Rate Map (FIRM) # 21127CIND0B, 09/16/2015 

Lee County, Kentucky

Community Flood Insurance Rate Map (FIRM) # 21129CIND1B, 08/14/2024

Letcher County, Kentucky

Community Flood Insurance Rate Map (FIRM) # 21133CIND1C, 08/14/2024 

Lewis County, Kentucky

Community Flood Insurance Rate Map (FIRM) # 21135CIND0B, 04/16/2013

Magoffin County, Kentucky

Community Flood Insurance Rate Map (FIRM) # 21153CIND0C, 09/16/2015 

Menifee County, Kentucky

Community Flood Insurance Rate Map (FIRM) # 21165CIND0A, 06/05/2012

Montgomery County, Kentucky

Community Flood Insurance Rate Map (FIRM) # 21173CIND0A, 01/06/2011 

Morgan County, Kentucky

Community Flood Insurance Rate Map (FIRM) # 21175CIND0B, 09/16/2015 

Nicholas County, Kentucky

Community Flood Insurance Rate Map (FIRM) # 21181CIND0A, 08/05/2010 

Owsley County, Kentucky

Community Flood Insurance Rate Map (FIRM) # 21189CIND0A, 03/16/2009 

Powell County, Kentucky

Community Flood Insurance Rate Map (FIRM) # 21197CIND0A, 02/17/2010

Robertson County, Kentucky

Community Flood Insurance Rate Map (FIRM) # 21201CIND0A, 05/20/2010

Rockcastle County, Kentucky

Community Flood Insurance Rate Map (FIRM) # 21203CIND0A, 08/03/2009 

Rowan County, Kentucky

Community Flood Insurance Rate Map (FIRM) # 21205CIND0A, 04/18/2011

Washington County, Kentucky

Community Flood Insurance Rate Map (FIRM) # 21229CIND0B, 05/23/2023 

Wolfe County, Kentucky

Community Flood Insurance Rate Map (FIRM) # 21237CIND1B, 08/14/2024

 

STEP 2 Notify the public at the earliest possible time of the intent to carry out an action in a floodplain or wetland and involve the affected and interested public in the decision- making process (see 44 CFR 9.8).

A Cumulative Initial Public Notice was published on December 20, 2024, at the following website: https://www.fema.gov/disaster-federal-register-notice/4848-dr-ky-initial-notice. An amendment to this notice was published on Jan 31, 2025, to include the addition of Franklin County to the declaration, https://www.fema.gov/disaster/4848/notices. 

STEP 3 - Identify and evaluate practicable alternatives to locating the proposed action in a floodplain or wetland (including alternative sites, actions, and the “No Action” option) [see 44 CFR 9.9]. If a practicable alternative exists outside of the floodplain or wetland, FEMA must locate the action at the alternative site.

Potential alternatives to the proposed work were analyzed. The agency has determined that the only practicable alternative is to fund the repair of utilities already located within established utility corridors in the floodplain prior to the event. Other alternatives, including relocation and abandonment, were considered but ultimately dismissed due to significant adverse social and economic impacts on the local community. Other alternatives, including relocation and abandonment, were considered but ultimately dismissed due to significant adverse social and economic impacts on the local community. The no action alternative would leave the utilities inoperable, depriving individuals and public services of essential infrastructure. Relocation would require large-scale realignments of the existing utility system, likely resulting in greater disruption to the floodplain and disproportionately affecting certain residents. Abandonment of these facilities would eliminate critical sanitary systems and vital life-support services, creating serious public health and safety concerns. Given these factors, restoring the existing utilities within their pre-event corridors, while incorporating minimization measures where feasible, is the most beneficial and practicable alternative to ensure the continued well-being of the community while minimizing negative impacts on the floodplain.

STEP 4 - Identify the full range or potential direct or indirect impacts associated with the occupancy or modification of floodplains and wetlands and the potential direct and indirect support of floodplain and wetland development that could result from the proposed action (see 44 CFR 9.10).

The proposed action involves scattered individual site repairs and is based on complete and accurate information. Compliance with the National Flood Insurance Program (NFIP) is not required, as utilities are not considered insurable under the NFIP. Where applicable, coordination with the Kentucky Division of Water (KDOW) will be conducted, and necessary permits will be obtained to ensure compliance with state and federal floodplain regulations. The repairs are minor in nature, intended to restore sites to their pre-disaster function with minimal mitigation. These actions will not increase flood risk and may contribute to reducing future flood related damages.

Some of these utilities may have experienced previous flood damage due to their location in the floodplain. Considerations for repetitive damage and minimization strategies are integral to the review process. Given the small-scale and scattered nature of these repairs, it is unlikely that base flood discharge will increase or that flood hazards to other properties or structures will be worsened. While the repairs do not inherently minimize floodplain impacts on human health, safety, and welfare, site-specific mitigation measures will be evaluated and implemented where appropriate.

Additionally, the proposed actions are not expected to induce future floodplain development, as they do not involve expanding utilities capacity. The minor utilities repairs will not involve dredging, introducing additional fill material beyond what was lost, or discharging pollutants into the floodplain.

Scattered minor repairs conducted in-kind or restored to pre-disaster conditions, including some minimization measures, will not meaningfully alter localized floodplain functions or values, nor will they significantly extend the useful life of the overall facilities. While the proposed action does not actively restore the natural and beneficial values of the floodplain, the small-scale and dispersed nature of the repairs does not provide a significant opportunity for such restoration. Given these factors, the repairs are not anticipated to warrant consideration for vacating the floodplain.

STEP 5 - Minimize the potential adverse impacts and support to or within floodplains and wetlands to be identified under Step # 4, restore, and preserve the natural and beneficial values served by floodplains, and preserve and enhance the natural and beneficial values served by wetlands (see 44 CFR 9.11).

Utilities are not insurable under the NFIP; therefore, no NFIP technical bulletins specifically apply to the proposed SOW. Where practicable, avoidance and minimization measures may be incorporated to reduce both short-term and long-term impacts on the floodplain, and efforts may be implemented to restore and preserve the natural and beneficial functions of the floodplain where feasible. As there are no practicable alternative sites for relocating the facilities outside of the floodplain, mitigation measures should be taken to minimize adverse impacts to the utilities and surrounding environment. 

As there are no practicable alternative sites for relocating the facilities outside of the floodplain, mitigation measures should be taken to minimize adverse impacts to the utilities and surrounding environment. To reduce the risk of future damage, minor mitigation efforts may be implemented where feasible. These mitigation measures may include HDD methods to minimize the potential for repetitive damage by placing utility lines deeper under the streambed and soil cover, minimizing adverse effects resulting from floodplain occupancy. Because repairs are small, scattered across a large area, and sites used for HDD are returned to pre-disaster condition, it is unlikely the base discharge could increase or cause flood hazards to other properties or structures to be worsened.

STEP 6 - Re-evaluate the proposed action to determine first, if it is still practicable in light of its exposure to flood hazards, the extent to which it will aggravate the hazards to others and its potential to disrupt floodplain and wetland values, and second, if alternatives preliminarily rejected at Step #3 are practicable in light of the information gained in Steps #4 and #5. FEMA shall not act in a floodplain or wetland unless it is the only practicable location.

Based on the findings from the previous steps, utilizing sites within the floodplain remains the only practicable alternative, and the proposed action is still viable despite flood risks and potential disruptions to natural floodplain values. There are no feasible modifications to the scope or size of the project that would make previously rejected non-floodplain alternatives practicable. Given the critical nature of the repairs, the need to proceed within the floodplain outweighs the requirements of Executive Order 11988. However, all practicable measures will be implemented to minimize adverse effects resulting from floodplain occupancy and to mitigate potential impacts to the greatest extent possible.

STEP 7 - Prepare and provide the public with a finding and public explanation of any final decision that the floodplain or wetland is the only practicable alternative (see 44 CFR 9.12).

In accordance with 44 CFR 9.12, the Federal Emergency Management Agency (FEMA) has completed the public notice process regarding the proposed utilities repair activities within the floodplain under the DR-4848-KY EHAD Programmatic 8-Step Process for Utilities. The Initial Public Notice was issued to provide the public with an opportunity to review and comment on the necessity of proceeding within the floodplain, the alternatives considered, and the mitigation measures to be implemented.

The 15-day public comment period has now concluded, and no public comments were received. After careful review, FEMA has determined that proceeding with the proposed utilities repair activities within the floodplain remains the only practicable alternative. Projects that meet the established criteria will move forward as planned. All practicable measures will be taken to minimize adverse effects from floodplain occupancy, and mitigation efforts will be implemented to reduce potential impacts on floodplain functions to the greatest extent possible. Sub-recipients of the grants will obtain all necessary federal and state permits to ensure compliance with applicable floodplain regulations.

This Notice serves as the Final Public documentation of FEMA’s decision. 

Final Public Notice 03/21/2025

For additional information, please contact the Federal Emergency Management Agency Region IV - 3005 Chamblee Tucker Rd, Atlanta, GA 30341-4112 or by email at FEMA-R4EHP@fema.dhs.gov. Please include in the subject line of the email “DR-4848-KY EHAD PROGRAMMATIC 8-STEP Utilities”.

STEP 8 - Review the implementation and post-implementation phases of the proposed action to ensure the requirements of the Order are fully implemented. Oversight responsibility shall be integrated into the existing process.

Implementation and oversight responsibility shall be integrated into existing PA processes for project grant review, award, and closeout. All grants will be conditioned for compliance with applicable floodplain ordinances and codes and standards.