Governor Baldacci's Letter to President Barack Obama Requesting Federal Disaster Assistance
July 15, 2009
Dear President Obama:
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 Franklin, Hancock, Knox, Lincoln, Oxford, Somerset, Waldo and Washington Counties in the State of Maine as a result of heavy rain, hail, damaging winds, flooding, erosion and landslides which impacted the State during the time period of June 18th through July 8th.
According to the National Weather Service, weather in Maine from June 18th through July 8th was dominated by a cold, upper atmospheric low pressure system. The upper-level system started developing over New England on June 18 as an area of surface low pressure moved east from the Great Lakes and then intensified off the mid-Atlantic coast. The upper level system became entrenched over New England on the 21st, and then remained over the region through the 8th of July.
The upper-level low brought cool and very wet weather to the state. During the period, the precipitation was enhanced by strong east to southeast onshore winds that developed as a series of surface low pressure centers developed and persisted off the Mid-Atlantic coast. In addition, the upper level system brought cold air into higher levels of the atmosphere which helped destabilize the atmosphere and caused numerous showers and thunderstorms with locally heavy rains. With the upper level system almost directly over the state, the winds aloft were light, which caused the heavy showers and thunderstorms that developed to move very slowly.
Total rainfall amounts during the period ranged from more than 2 inches across northern Maine to 8 to 10 inches along the coast and across western Maine, with locally higher amounts. The maximum observed precipitation occurred in the mountains where more than 12 inches of rain was observed in Phillips and Rumford.
Embedded within this period of rain were some shorter-term heavy rainfall events. Much of the precipitation at locations along the coast fell between June 19 and June 21. In the western Maine mountains, much of the precipitation fell from June 26th through June 30th. Another period of very heavy rain hit coastal areas from July 2 to July 4, and another period impacted both coastal and interior Maine July 6 to 8th.
Throughout the period, roads were closed as massive washouts disrupted Maine’s rural transportation systems. Many communities patched up damaged roadways to allow passage of daily and emergency traffic, only to see those repairs wash away again. The Maine Department of Transportation was responding continuously throughout the incident period, attempting to repair state roads, and assist in local road repairs. A state-owned bridge in Oxford County was lost, requiring major detour of traffic. This roadway remains closed. Major landslides occurred in at least two locations, impacting both private property and public infrastructure. Since the ground is saturated and stream flows remain high, more landsides are very possible, other weakened infrastructure may still fail, and any further rainfall could once again produce emergency conditions in the state.
In response to the situation, I have taken appropriate action under State law. In anticipation of emergency conditions, I directed the execution of the State Emergency Plan on Thursday June 18, 2009 in accordance with Section 401 of the Stafford Act. The State Emergency Operations Center was on alert during this entire period. On July 2, 2009, I requested a joint Federal, State, and local survey of the damaged areas in Franklin, Hancock, Oxford and Waldo Counties, and then on extended that request to include Knox, Lincoln, Somerset and Washington Counties. Preliminary assessments indicated the most severe impacts were to roads, culverts and bridges in the affected counties.
During the response phase of this event, the resources of local communities, and those of State agencies available without a State of Emergency in place, were adequate to respond to local emergency needs. Therefore, while prepared to do so, I did not declare a State of Emergency during this period. However, the response in many cases overwhelmed budgetary resources, leaving nothing with which to make permanent repairs.
The Joint Federal/State/Local Preliminary Damage Assessment for public damage began July 7, 2009. Town and state agency reports of damages, verified by the PDA, equate to over $2.5 million, $1.98 per capita statewide.
Thankfully, no injuries or deaths were reported during this period in Maine. However, many private roads and driveways were flooded or damaged, isolating families and preventing emergency vehicles from accessing their homes. State and local budgets, already adversely affected by a nationwide recession have been exhausted by the convergent effects of seven major disasters since May of 2006. Several communities tell us they have verified damages well above their entire road maintenance budget.
The State of Maine has just enacted a budget cutting $500 million, and includes reduction of state subsidies to counties and towns, sacrifices of pay and benefits by state employees, mandatory shutdown days and other financial impacts on services to Maine people. Future road maintenance plans have had to be severely scaled back because of the downward spiral in the gas tax revenues which fund that maintenance. In addition, the constant rainfall has occurred concurrent with the start of Maine’s tourist and recreation season, a major source of revenue for our state.
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, Hazard Mitigation and Small Business Administration disaster (as applicable under the Public Assistance Program) at this time. I intend to implement the Hazard Mitigation Grant Program statewide. The State has a FEMA-approved Standard State Mitigation Plan in place.
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.
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 in other areas of the state. If the need warrants, I intend to request additional assistance.
State, local and private resources that have been or will be used to alleviate the conditions of this disaster include: repairs to the Federal Aid Highway System and state highways, temporary repair assistance to local governments, repair to state roads and bridges 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; emergency assistance to private citizens by local responders and volunteer agencies; landslide assessment and technical assistance to local governments by the Maine Department of Conservation; Maine Geological Survey; emergency coordination and damage assessment by the Maine Emergency Management Agency and affected County Emergency Management Agencies 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 $629,000 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
