BOB HORNE, and his siblings, continue to seek removal of a designated “flood hazard zone” from their Hockinson-area tree farm. Horne says as much water flows in a contiguous county ditch as is contained in deep-channel Morgan Creek, yet officials don’t consider the ditch to be a flood risk.
The Clark County commissioners have asked U.S. Rep. Jaime Herrera Beutler for help as they seek to remove a federally-designated “Special Flood Hazard Area” from the Horne Family Tree Farm in Hockinson.
In a March 13 letter, the three commissioners explained their disagreement with the Federal Emergency Management Agency (FEMA) in the matter, stating that “FEMA imposed this designation ... despite repeated requests not to by the Horne family, County staff and Board of County Commissioners.”
Officials of FEMA contend that the sole basis of appeal is to provide evidence that their analysis is scientifically or technically incorrect. The commissioners noted that they are not disputing the technical accuracy of the designation, but rather, “the disagreement centers on why a stream of this size in the rural area is being designated a Special Flood Hazard Area at all.”
The commissioners wrote that, if the floodplain designation is left unchanged, “it likely will lead to additional permitting costs in the future and potential difficulties with mortgage companies when selling the property.”
The commissioners called FEMA’s position on the issue inconsistent, confusing and “a disservice to the Horne family.”
The matter arose in 2010 when FEMA issued new floodplain maps for Clark County. Those maps contained numerous changes from maps adopted in the 1980s. Following a public meeting on the matter held in November 2010, FEMA issued a “Letter of Final Determination” and announced a 90-day appeal period which took place in February-April 2011.
Tom Grange of Clark County Public Works said six appeals were filed, including an appeal by the Horne Family Tree Farm. None of the six appeals resulted in any changes to the FEMA maps, Grange said.
Ted Perkins, Regional Engineer with FEMA Region 10, said his agency received seven responses, none of which met agency guidelines as “appeals.” All were classified as “comments,” he said. Two resulted in “refinements” to maps. The seven responses included “comments” from the Town of Yacolt and the Port of Vancouver.
Grange said he asked FEMA why they had chosen to include the Horne tree farm stream in the maps.
“We went back and forth with FEMA,” said Grange.
FEMA officials said they worked with the County in 2002 and it was the County that had given them the full length of Morgan Creek, extending into the Horne tree farm, Grange reported. Grange described the provided information as a “big long line” labeled Morgan Creek.
Grange said that FEMA officials told him that “we really don’t take them (flood areas) off (the maps) unless there is a technical problem.”
Grange said there is no disagreement as to the basic facts, but rather “their process.”
Perkins affirmed that the presence of Morgan Creek on the Horne tree farm came from Clark County.
“Once we have studied an area, we don’t take it off the map unless it is technically incorrect,” said Perkins.
Grange said FEMA considers a river bed to be a floodplain. He gave the example of a bath tub. FEMA would consider water in a bath tub to be a “flood,” said Grange, whereas most people would use the term “flood” only if the bath tub overflowed into the room.
The County’s letter to Rep. Herrera Beutler states that FEMA guidelines provide that, “As a general rule, FEMA is concerned with flooding sources that have a drainage area of one square mile or more.” The stream in question on the Horne tree farm drains about one-tenth of a square mile. “So why, we ask, go beyond the general rule for evaluating mapped floodplains and add this stream,” wrote the commissions.
Perkins said the one square mile criteria appears in a FEMA document on how to conduct studies. “But it doesn’t mean we can’t (look at smaller areas) if we think there is a particular hazard there.”
In addition, said Perkins, the one square mile criteria does not constitute an official basis for an appeal of an agency conclusion.
The FEMA map shows Morgan Creek, which originates on the Horne Family Tree Farm, as a narrow stream bed. Bob Horne is concerned that the floodplain designation will make building permits more difficult and expensive to obtain in the future. In addition, such a designation could complicate selling the land or send potential buyers to properties that don’t have such an encumbrance.
At present there are no structures within the designated floodplain area on the Horne tree farm.
“It’s frustrating to me,” said Grange. “Streams much larger (elsewhere in the County) are not studied by FEMA.”
Perkins said local governments can submit information on areas that should be designated as floodplain “where communities feel they need the regulation behind them to manage flood hazard areas.”
Horne said that the County ditch along his tree farm carries as much water as his segment of Morgan Creek, yet the ditch is not designated as a floodplain.
Where it begins on the Horne tree farm, Morgan Creek is about 800 feet above sea level. The creek also has a “steep gradient and incised channel, and has no history or anticipation of going beyond its banks (County letter to Rep. Herrera Beutler).”
Bob Horne argues that the entire valley to the west would have to fill with several hundred feet of water, swamping Brush Prairie, Battle Ground and beyond, before Morgan Creek would exceed its banks on his tree farm. He describes such a circumstance as another “Noah’s Ark event.”
Consultant hydrologist Richard Dyrland studied the issue and concluded that, given the low flow of Morgan Creek at its beginning and the “deeply incised channel,” the buildings and land outside the channel will not be flooded by a 500-year event or higher.”
FEMA based its conclusions on a possible 100-year flood.
Horne said he has been unsuccessful in getting a FEMA representative to visit his tree farm to view the Morgan Creek situation.
The Horne Family Tree Farm is owned jointly by Bob Horne, his sister Patricia Horne, and their brother, Jim Horne. Patricia Horne is the managing partner.
FEMA finalized its new floodplain maps for Clark County on March 5. They will become effective in 180 days or Sept. 5, 2012. For residents to remain eligible to purchase flood insurance, the County must amend its floodplain ordinance to adopt the maps before that date.
FEMA is the federal agency charged with implementing the National Flood Insurance Program created in 1968. To do that, the agency creates maps of areas that would likely flood in a so-called 100-year flood event. Flood hazard areas are areas subject to inundation by flood that have a 1 percent or greater chance of occurring in any given year.
Owners of property with flood hazard areas face higher flood insurance premiums and could be subject to additional building restrictions and prohibitions.
FEMA maps also show “moderate” and “low risk” areas where flood insurance is generally not mandatory but is recommended.
Clark County has participated in the National Flood Insurance Program since 1974. At present there are 1,400 flood insurance policies within Clark County and the incorporated cities. The average annual premium is $780.
The FEMA floodplain maps are available on the Clark County website, www.clark.wa.gov/publicworks, then click on “Technical Document,” then “Flooding,” and “Final Flood Insurance Rate Maps.”
More information is available by calling Tom Grange, (360) 397-6118, ext. 4449, Jeff Mize with Clark County, (360) 397-6118, ext. 4398, Ted Perkins with FEMA, (425) 487-4684, or Linda Westcott with FEMA, (425) 487-4914.
Marvin Case may be reached at (360) 687-4122, and marvincase@msn.com.
