Governor Baldacci's letter to President George W. Bush to Request A Major Disaster Declaration
January 2, 2009
Dear Mr. President:
Under the provisions of Section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §§ 5121-5206 (Stafford Act), and implemented by 44 CFR § 206.36, I request that you declare a major disaster for Androscoggin, Cumberland, Knox, Lincoln, Sagadahoc, Waldo and York Counties in the State of Maine as a result of a severe winter storm, significant icing, high winds, blowing and drifting snow and coastal flooding which has impacted the State December 11, 2008 through December 29, 2008.
According to the National Weather Service, this incident began with a major winter storm which brought a mixture of snow, sleet, and freezing rain to Maine from the morning of December 11th to the morning of December 12th. The greatest impact in the state was in coastal and adjacent counties of the state where a significant icing occurred. Following the ice event, recovery and restoration efforts were negatively impacted by additional winter weather events that passed through the state.
The ice storm was caused by an area of low pressure that moved northeastward along a stalled frontal boundary off the East Coast. Near ground level, cold air from eastern Canada funneled southward into the region on northerly winds. Southerly winds at higher levels of the atmosphere brought warmer (above freezing) air in aloft. Across southern sections of Maine, the thermal structure of the atmosphere was conducive to produce freezing rain and sleet event. A mixture of precipitation snow, sleet, freezing rain and rain began Thursday morning across the state. However, as the northerly winds strengthened at the surface and southerly winds strengthened aloft, the precipitation changed to mostly a mix of sleet and freezing rain across western Maine. The freezing rain and sleet continued overnight and into Friday morning before ending. While “melted” precipitation amounts across much of southwestern and coastal Maine ranged from 1 to 3 inches, ice accretion to trees and wires in the coastal counties generally ranged from about a half inch to about an inch. This weight of the ice caused branches to snap, and trees to either snap or uproot, and brought down power lines and poles across the region. Hundred of thousands of utility customers lost power during the event, with some customers without power for more than a week.
The first obstacle to recovery efforts occurred on Wednesday, December 17. Snow developed around midnight and continued into the afternoon. Accumulations across coastal sections of western Maine generally ranged from 1 to 4 inches. On Friday, December 19, a weakening area of low pressure in the Ohio Valley and a secondary low developing off the New Jersey coast brought a moderate to heavy snowfall to southern Maine. Snowfall amounts generally ranged from 6 to 9 inches across York County.
Blizzard conditions and over three feet of snow impacted many areas statewide on December 21 and 22. Winds of near 60 mph were reported. On Christmas Eve, once again snow and icy conditions overspread the State, and continued to obstruct recovery and debris removal efforts.
During the operational period beginning December 11, over 44% of the state was without power, including the metropolitan areas of Portland and South Portland. Maine’s electric utilities had reached out to mutual aid resources before the storm, but because of the widespread emergency conditions in all of northern New England and New York, resources were scarce. Crews eventually responded from as far away as Michigan, and from New Brunswick and Nova Scotia in Canada. Over 40 shelters and warming centers were opened by the American Red Cross and community volunteers, serving 600 to 1,000 people for overnight stays and warm meals. All State offices were closed on December 12, as were innumerable town and county offices and businesses. The oil terminals in South Portland were without power, unable to supply fuel oil and gasoline to distributors. The Department of Health and Human Services activated their crisis plan on December 12, reaching out to the vulnerable individuals and families they serve and ensure their emergency needs were met. Ferries were closed due to lack of power at terminals. Phone service was sporadically interrupted in many locations do to failing batteries or generators, including the entire island of Islesboro, creating a dangerous communications blackout for that isolated community.
As power began to be restored and shelters closed, additional waves of winter weather hampered response and debris clearance efforts. During this incident period, public safety and public works agencies across the state were stretched to the limit to open roads and ensure safe conditions for travel, commerce and power restoration. Persistent winter weather conditions hampered debris clearance operations, and sporadic power outages continued to disrupt business, government and family activities. On December 22nd, state offices were again closed for part of the day, with many county and local offices following suit. 5,000 businesses and households were again out of power December 22, and Christmas Eve and Christmas Day saw 14,000 outages.
In response to the situation, I have taken appropriate action under State law. I directed the execution of the State Emergency Plan on Thursday December 11, 2008 in accordance with Section 401 of the Stafford Act. The State Emergency Operations Center likewise activated December 11, and remained activated through December 18. State and County Emergency Management Agencies remained on alert throughout the incident period.
On December 11 I declared that a State of Emergency existed in the State of Maine, and took steps to ensure that Federal Department of Transportation Hours of Service were relaxed, so that additional power restoration crews from Canada and elsewhere in the United States could travel to the state and begin restoration. On December 12 I amended the order to extend Hours of Service waiver to fuel oil transportation and delivery vehicles, and to ensure that all State resources were available to respond to the worsening emergency conditions.
On December 14, 2008, I requested a federal emergency declaration to assist in the ongoing emergency response. This request was granted for Emergency Protective Measures (Category B), Direct Federal Assistance on December 15, designated as FEMA-3298-EM. Direct Federal Assistance is likewise included in this request.
On December 18, 2008, I requested a joint Federal, State, and local survey of the impacted areas. Initial assessments indicated the significant costs were incurred in emergency protective measures and debris clearance. Infrastructure damage was also noted in the affected counties. The requested Preliminary Damage Assessment (PDA) for public damage began December 29, 2008. Town and state agency reports of damages, verified by the PDA, equate to $4,231,955, $3.32 per capita statewide.
Thankfully, no storm-related deaths were reported during this period in Maine. However, the Maine Center for Disease Control reported an alarming spike in carbon monoxide poisoning cases during the prolonged power outages. A number of homes have also been impacted; we are currently working with our volunteer and service agency community to identify avenues of assistance for individuals with unmet needs. We also know that our business community lost significant revenue, with this event falling as it has during the busiest retail time of the year.
State and local budgets, already adversely affected by a nationwide recession and crippling fuel costs earlier in the year, have been exhausted by the convergent effects of six major disasters since May of 2006. A record snow year of 2007-2008, for which no federal assistance was received, further drained local budgets across the state. Budget shortfalls in the State of Maine have required emergency spending curtailments and severe cuts to State services in the current fiscal year and project for the coming biennium.
I have determined that this incident is of such severity and magnitude that effective response is beyond the capabilities of the State and the affected local governments and that supplementary Federal assistance is necessary. I am specifically requesting Public Assistance (to include Direct Federal Assistance); Hazard Mitigation and Small Business Administration disaster assistance (as applicable under the Public Assistance Program) at this time. I request direct Federal assistance for work and services to save lives and protect property.
I intend to implement the Hazard Mitigation Grant Program statewide. The State has a FEMA-approved Standard State Mitigation Plan in place.
Preliminary estimates of the types and amount of assistance needed under the Stafford Act are tabulated in Enclosure B. Estimated requirements for assistance from certain Federal agencies under other statutory authorities are tabulated in Enclosure C.
Damage assessments are ongoing for both public and individual assistance. If the need warrants, I intend to request additional assistance.
In accordance with 44 CFR § 206.208, the State of Maine agrees that it will, with respect to Direct Federal Assistance:
1. Provide without cost to the United States all lands, easements and rights-of-ways necessary to accomplish the approved work;
Hold and save the United States free from damages due to the requested work, and shall indemnify the Federal Government against any claims arising from such work;
Provide reimbursement to FEMA for the non-Federal share of the cost of such work in accordance with the provisions of the FEMA-State Agreement; and
Assist the performing Federal agency in all support and local jurisdictional matters.
In addition, I anticipate the need for debris removal, which poses an immediate threat to lives, public health, and safety. Pursuant to Sections 403 and 407 of the Stafford Act, 42 U.S.C. §§ 5170b & 5173, the State agrees to indemnify and hold harmless the United States of America for any claims arising from the removal of debris or wreckage for this disaster. The State agrees that debris removal from public and private property will not occur until the landowner signs an unconditional authorization for the removal of debris.
State, local and private resources that have been or will be used to alleviate the conditions of this disaster include: repairs to and debris removal on the Federal Aid Highway System and state highways, debris removal and emergency assistance to local governments, support to public utilities for power restoration, and damage assessment by the Maine Department of Transportation; alerting, warning, and traffic control by the Department of Public Safety, Department of Transportation and county and local public safety agencies; support to County emergency operations centers and to public utilities by the Maine Department of Conservation; liaison with public utilities by the Maine Public Utilities Commission; public health and client response activities by the Department of Health and Human Services; emergency assistance to private citizens by local responders and volunteer agencies; shelter operations and crisis counseling by the American Red Cross; shelter management by local officials and volunteers; debris removal and road clearance in support of power restoration by local public works departments; emergency coordination and damage assessment by the Maine Emergency Management Agency and affected County Emergency Management Agencies; emergency public information by Maine211; and assistance to affected families by social service and voluntary agencies.
I certify that for this major disaster, the State and local governments will assume all applicable non-Federal share of costs required by the Stafford Act. Total State and local expenditures are expected to exceed one million dollars ($1,000,000) in accordance with the table in Enclosure D.
I have designated Robert McAleer as the State Coordinating Officer for this request. He will work with the Federal Emergency Management Agency in damage assessments and may provide further information or justification on my behalf.
Sincerely,
John Elias Baldacci, Governor
