Clarification and Reassurances about Right of Entry Permission Form

Posted on: April 12th, 2014

KNOW THE RISKS & BE PREPARED

As you know, the landscape throughout the county has changed dramatically. We are concerned about flooding during spring runoff that may be heightened by higher than normal snow pack and ground water saturation, and reservoirs being at capacity. Some of the threats you should be aware of are: flash flooding, thunderstorm related flooding, high hazard debris, landslides, sedimentation, erosion and changed creek alignments. We don’t exactly know how the creeks will respond but we are committed to being prepared for all hazards and reducing the risks as much as possible. For more information about emergency preparedness please read this guide:http://www.bouldercounty.org/doc/flood/preparednessguide2014.pdf.

REPORT EMERGENCY HAZARDS TO 911

If you see a hazardous situation developing that may become an emergency call 911 and report it. A Sheriff’s deputy and road maintenance crew member will respond and assess what type of action may need to be taken.

DESCRIPTION OF THE MITIGATION WORK

Boulder County conducted a countywide assessment which included analyzing 3,000 pieces of data from numerous sources as well as walking over 90 miles of creeks and drainages. This has resulted in the identification of High Hazard Projects that we believe pose an imminent threat to life, property and public infrastructure. The County has set a goal of addressing these hazards before May 1. Examples of the types of mitigation work include: woody debris removal, bank stabilization, sediment removal, berm construction, creek design/realignment, culvert replacement and removal of high hazard homes. Please refer to the attachment for more details about the mitigation work. The vast majority of work involves vegetative/woody debris removal from the creek. To be clear, we are only removing imminent hazards, not unsightly debris. To learn about what type of work is planned for your property go to:http://www.bouldercounty.org/flood/emergencypreparedness/pages/communitymeetings.aspx. The contractors will do their best to  work with property owners to avoid damaging your property. When they begin work please don’t hesitate to inform them about the location of your well, leach field and other sensitive areas on your property. And do feel free to mark these areas ahead of time. For more information contact the High Hazard Project Team at 720-564-2222 or debrisresponseteam@nullbouldercounty.org. To see firsthand the work we are already doing drive up Lefthand Canyon Drive.

FEMA FUNDING

The good news is that our assessment helped persuade FEMA to conditionally approve this work and make us eligible for 75% reimbursement (the State will reimburse another 12.5%). We believe this is a significant benefit for Boulder County taxpayers. The estimated cost of the High Hazard Projects is over $14 million dollars.

RIGHT OF ENTRY PERMISSION FORM

Of course there is a hitch. In order to qualify for FEMA reimbursement the County must conform to FEMA regulations and protocols. Unfortunately this is not negotiable. A key requirement that affects property owners is the Right of Entry permission form: http://www.bouldercounty.org/flood/health/pages/rightofentry.aspx.

I know residents understand the big picture about what you do on your property affects downstream and upstream neighbors. And I know this is not holding people back from signing the permission form. The concerns I hear from folks repeatedly are about the hold harmless provision and the open ended language. I want to acknowledge that these are valid concerns. Let me try to give you more information to help provide some reassurances.

Hold Harmless Agreement: The County has prequalified seven contractors. All of them are licensed and insured. For construction work such as stabilizing stream banks and building berms we are requiring them to be bonded. In addition, we are closely monitoring their work. In two cases since the flood, we required a contractor to fix someone’s lawn that experienced damage and pay a resident $100 for inadvertently removing two sawhorses as part of the Roadside Debris Collection program. In other words, we are holding contractors accountable. Please report any damage by our contractors.

Access to the interior of private residences: The form covers a variety of situations, most of which do not apply to your property. For example, we included the language about entering homes because there are a few homes that were destroyed by the flood that we need to remove and are seeking funding for. We are already working with most of these people in this situation.

Duplication of benefits: FEMA prohibits double dipping. This is about deterring fraud. For most residents your homeowner’s insurance and flood insurance did not pay out any benefits for debris removal or hazard mitigation.

Will the Feds be on my property?: None of the federal agencies conduct the work on private property. The County hires private contractors to do the work. Federal agency staff may enter the property to inspect or monitor the work.

Can I write on the permission form?: We strongly recommend that you do not alter the permission form. Even though it is broader than may be necessary for your property, if you alter the form, you may not be eligible for the voluntary high hazard abatement program.

Open ended and no deadline: The County is ONLY going to do the work necessary on your property to reduce the risks from flooding. We cannot predict that the mitigation measures we perform this spring will be all that needs to be done. As we learned after the Fourmile Canyon Fire, recovery is a long-term endeavor. As I said before, we don’t know how the creeks will respond to higher levels of water and therefore new hazards may result on properties which will require additional mitigation later this year or in the next couple of years. After the Fourmile fire we only asked permission for one year. However, in the second year we saw the continued need to mitigate and had to replicate the entire permission form process which took time and resources away from doing the mitigation work.

I hope this information helps you understand what we are proposing, how we intend to do it and why we need you to sign the Right of Entry permission form. Time is of the essence in order to complete the work by May 1. We will work with private property owners to address your concerns. I want you to know that the County is here to be of service to residents.

Please don’t hesitate to contact me with any questions, concerns or suggestions.

Thank you.

Garry

Garry Sanfaçon | Flood Recovery Manager

Boulder County | Board of County Commissioners

Office: 720.564.2642 | Cell: 720.315.5371