U.S. GOVERNMENT PUBLISHING OFFICE

32–416 PDF WASHINGTON : 2018

S. HRG. 115–370 

OVERSIGHT HEARING ON REPEATED FLOODING 

EVENTS IN ELLICOTT CITY, MD: REVIEWING 

THE FEDERAL ROLE IN PREVENTING FUTURE 

EVENTS 

FIELD HEARING 

BEFORE THE

SUBCOMMITTEE ON TRANSPORTATION 

AND INFRASTRUCTURE 

OF THE

COMMITTEE ON 

ENVIRONMENT AND PUBLIC WORKS 

UNITED STATES SENATE 

ONE HUNDRED FIFTEENTH CONGRESS 

SECOND SESSION 

AUGUST 20, 2018—ELLICOTT CITY, MD 

Printed for the use of the Committee on Environment and Public Works 

( 

Available via the World Wide Web: http://www.govinfo.gov 

(II) 

COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS 

ONE HUNDRED FIFTEENTH CONGRESS 

SECOND SESSION 

JOHN BARRASSO, Wyoming, Chairman 

JAMES M. INHOFE, Oklahoma 

SHELLEY MOORE CAPITO, West Virginia 

JOHN BOOZMAN, Arkansas 

ROGER WICKER, Mississippi 

DEB FISCHER, Nebraska 

JERRY MORAN, Kansas 

MIKE ROUNDS, South Dakota 

JONI ERNST, Iowa 

DAN SULLIVAN, Alaska 

RICHARD SHELBY, Alabama 

THOMAS R. CARPER, Delaware, 

Ranking Member 

BENJAMIN L. CARDIN, Maryland 

BERNARD SANDERS, Vermont 

SHELDON WHITEHOUSE, Rhode Island 

JEFF MERKLEY, Oregon 

KIRSTEN GILLIBRAND, New York 

CORY A. BOOKER, New Jersey 

EDWARD J. MARKEY, Massachusetts 

TAMMY DUCKWORTH, Illinois 

CHRIS VAN HOLLEN, Maryland 

RICHARD M. RUSSELL, Majority Staff Director 

MARY FRANCES REPKO, Minority Staff Director 

SUBCOMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE

JAMES M. INHOFE, Oklahoma, Chairman 

SHELLEY MOORE CAPITO, West Virginia 

JOHN BOOZMAN, Arkansas 

ROGER WICKER, Mississippi 

DEB FISCHER, Nebraska 

JERRY MORAN, Kansas 

JONI ERNST, Iowa 

DAN SULLIVAN, Alaska 

RICHARD SHELBY, Alabama 

JOHN BARRASSO, Wyoming (ex officio) 

BENJAMIN L. CARDIN, Maryland, 

Ranking Member 

BERNARD SANDERS, Vermont 

SHELDON WHITEHOUSE, Rhode Island 

JEFF MERKLEY, Oregon 

KIRSTEN GILLIBRAND, New York 

EDWARD J. MARKEY, Massachusetts 

TAMMY DUCKWORTH, Illinois 

CORY A. BOOKER, New Jersey 

THOMAS R. CARPER, Delaware (ex officio) 

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C O N T E N T S 

Page 

AUGUST 20, 2018 

INTRODUCTORY STATEMENT 

Kittleman, Allan, Howard County Executive ........................................................ 1 

OPENING STATEMENTS 

Cardin, Hon. Benjamin L., U.S. Senator from the State of Maryland ................ 2 

Van Hollen, Hon. Chris, U.S. Senator from the State of Maryland .................... 4 

WITNESSES 

Cummings, Hon. Elijah E., U.S. Representative, State of Maryland .................. 5 

Prepared statement .......................................................................................... 9 

Rodrigues, Cecil, Deputy Regional Administrator for Region 3, U.S. Environmental Protection Agency .................................................................................... 12 

Prepared statement .......................................................................................... 14 

Litz, Colonel John T., Commander, Baltimore District, U.S. Army Corps of 

Engineers .............................................................................................................. 17 

Prepared statement .......................................................................................... 19 

DeLuca, Mark, Deputy Director and Chief of Environmental Services, Howard 

County Department of Public Works .................................................................. 30 

Prepared statement .......................................................................................... 32 

Weinstein, Jon, Council Member, District 1, Howard County Council ............... 33 

Prepared statement .......................................................................................... 35 

Kubofcik, Grace, President, Board of Directors, Patapsco Heritage Greenway, 

Inc .......................................................................................................................... 38 

Prepared statement .......................................................................................... 40 

Fleming, Matthew H., President, Board of Directors, Ellicott City Partnership ........................................................................................................................ 43

Prepared statement .......................................................................................... 45 

ADDITIONAL MATERIAL 

Response to Congressional Testimony on 20 August 2018, from the U.S. 

Army Corps of Engineers .................................................................................... 55 

Letters and Testimony: 

From Abigail Bardi, September 3, 2018 ......................................................... 57 

To Senators Inhofe and Cardin from Len Berkowitz and Sherry FacklerBerkowitz, August 20, 2018 ......................................................................... 62 

To Senator Cardin from Brittany Calloway ................................................... 66 

To Senators Inhofe and Cardin from the Historic Ellicott City Flood 

Work Group, August 27, 2018 ..................................................................... 68 

From Gayle Killen ............................................................................................ 69 

To Senator Cardin from Lori Lilly, September 3, 2018 ................................. 70 

From Tony McGuffin ........................................................................................ 73 

From Tony McGuffin ........................................................................................ 76 

To Senators Inhofe and Cardin from Melissa Metz, September 3, 2018 ..... 79 

To Senators Inhofe and Cardin from Ron Peters, August 20, 2018 ............. 81 

To Senators Inhofe and Cardin from Arnold Sanders, August 31, 2018 ..... 229 

To Senators Inhofe and Cardin from St. John’s Community Association, 

September 3, 2018 ........................................................................................ 230 

Page

IV 

—Continued 

Commentary, Bruce T. Taylor, An insider’s view of rebuilding Old Ellicott 

City, The Daily Record, July 12, 2018 ........................................................ 242 

To Senator Cardin and Committee members from Taylor Family Properties, August 16, 2018 ................................................................................. 244 

To Senators Cardin, Inhofe, and Van Hollen and Representative Cummings and Committee members from Taylor Family Properties, August 

22, 2018 .......................................................................................................... 245 

Report, The Historic Ellicott City Flood Workgroup, December 1, 2015 ............ 246 

Report, 2016 Ellicott City Hydrology/Hydraulic Study and Concept Mitigation 

Analysis, McCormick Taylor, June 16, 2017 ...................................................... 256 

Summary of The Ellicott City Hydrology and Hydraulic Study and Concept Mitigation Analysis (response to the 2016 flood) ............................... 307 

The report Urban Stormwater Management in the United States is available 

at Amazon.com and other sources. The Amazon link is https://amzn.to/ 

2AlRiW6 ................................................................................................................

Summary of the USACE Report after 2016 flood: Prevention on the building 

level ....................................................................................................................... 309 

Ellicott City’s Watershed Master Plan .................................................................. 312 

Concept Plan, Main Street, Ellicott City, Maryland, Alexander Design Studio . 313 

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OVERSIGHT HEARING ON REPEATED FLOODING EVENTS IN ELLICOTT CITY, MD: REVIEWING THE FEDERAL ROLE IN PREVENTING FUTURE EVENTS 

MONDAY, AUGUST 20, 2018 

U.S. SENATE, 

COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS, 

SUBCOMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE, 

Ellicott City, MD. 

INTRODUCTORY STATEMENT OF ALLAN KITTLEMAN, 

HOWARD COUNTY EXECUTIVE 

Mr. KITTLEMAN. I briefly wanted to say hello and welcome you 

to the Banneker Room, and more than anything else, to thank our 

Federal representatives for being here. 

Senator Cardin, thank you so much. And I know Senator Van 

Hollen will be here soon. 

And Congressman Cummings, thank you so, so much, all. 

[Applause.] 

Mr. KITTLEMAN. As a lawyer, I feel like I have my back to the 

judge. Excuse me, please, Senator. 

But I just wanted to say to everyone here, we could not have received more support from our Federal representatives than we 

have from Senator Cardin and Senator Van Hollen and Congressman Cummings and also previously Senator Mikulski. 

They have been here multiple times. They know our community. 

As you all know, Congressman Cummings has an office in our community, and they have not forgotten us. And I know that’s happened at other times and other places, but not here. And one of the 

reasons we continue to be such a strong community is because we 

have our Federal, State, and local support, and we work very closely together. 

I’ve gotten to know these gentlemen very well, and Senator Mikulski as well. I knew them before the floods, but I know them a 

whole lot better since the floods. And I can tell you, we couldn’t be 

better off than having them here for us. And so I say that very sincerely, and I want them to know that you being here, and the Senate holding this hearing and the Congressman being here, mean an 

awful lot to us. 

And it’s not symbolic. We know you are here because you want 

to help, and you’re going to do whatever you can to make sure we 

have the help that we need to continue to have a great community 

here in Ellicott City. 

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And so for all of you who are here, thank you for being here. 

Thank you for being involved in our community. This is why 

Ellicott City is what it is. This is why we are going to continue to 

be a strong, safe, and smart community for many, many, many decades in the future, because of you. 

And I am going to stop now, and I’m going to turn it back over 

to Senator Cardin. 

And I want to apologize; I have another commitment. I know 

Counselor Weinstein will be speaking and some other folks from 

county government as well. 

So, thank you very much for being here. 

And Senator Cardin. 

OPENING STATEMENT OF HON. BENJAMIN L. CARDIN, 

U.S. SENATOR FROM THE STATE OF MARYLAND 

Senator CARDIN. Thank you. 

First, before the County Exec leaves—— 

[Applause.] 

Senator CARDIN. Before the County Exec leaves, I really want to 

thank Allan Kittleman for his extraordinary leadership on this 

issue and so many others. 

We talk about Team Maryland. We talk about Team Maryland 

responding to the priorities of our State. In regards to the floods 

in Ellicott City, our captain was the County Exec, and he worked 

very well with Governor Hogan and the State team and with our 

Federal congressional delegation from the beginning to see what we 

could get done. Only concern was the safety of the people here in 

Ellicott City and the future of Ellicott City. 

And it was a pleasure to work with you on this issue, and Team 

Maryland couldn’t be more proud of the manner in which we used 

all the resources of our State in order to deal with these horrific 

floods. So, thank you. 

Mr. KITTLEMAN. Thank you so much. Thank you very much. 

Senator CARDIN. And with that, let me call to order the Subcommittee on Transportation and Infrastructure of the Environment and Public Works Committee. 

I want to first thank Senator Inhofe, who is the Chair of the Subcommittee on Transportation and Infrastructure. I am the ranking 

Democrat on that committee. 

I also want to thank Senator Barrasso, the Chairman of the Environment and Public Works Committee, from Wyoming, and Senator Carper, the ranking Democrat on the Environment and Public 

Works Committee, from Delaware, for allowing us to have this field 

hearing. 

I’ve talked to all three of those—of my Senators I just mentioned, 

and they all are interested in learning how Federal Government 

can be a more effective partner in dealing with the realities that 

we see on these more frequent floods. 

So the Environment and Public Works Committee plays a very 

important role in that regard. And you’ll hear from two of our 

agencies today at this hearing, the Environmental Protection Agency and the Army Corps of Engineers, because they play a particularly important role in dealing with these types of issues. 

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So, the purpose for today’s hearing is for the U.S. Congress to 

have the benefit of the information that will be presented by the 

panel of witnesses, for us to be able to establish a record so that 

we can be better prepared to increase the effectiveness of the Federal Government’s role in dealing with these types of events that 

were experienced in Ellicott City. 

I think everyone knows where they were on July 30th of 2016. 

I remember being at a friend’s house having dinner when my 

iPhone went off with certain warnings. That wasn’t the first time 

I’ve gotten warnings through my iPhone. I didn’t think too much 

of it, to tell you the truth. 

But a few—I guess maybe a half an hour later, as I was on the 

streets of Baltimore County and saw the devastation in Baltimore 

County, I knew that this was not like a storm that we had seen 

before. When I got home, I had the chance of seeing the broadcast 

of what was happening in Ellicott City and knew that we had experienced a horrific event. 

There were—over 6 inches of rain fell that evening, I think all 

of you know. There were two fatalities, numerous cars were destroyed, buildings were destroyed, 200 residents were displaced, 

and we had what is known as a once in a thousand year flood in 

Ellicott City. 

Well, 22 months later, we experienced a second of what is known 

as a once in a thousand year flood, on May 27th. That occurred earlier in the day, on Sunday, a busy day for the community in 

Ellicott City. Six to 12 inches of rain fell, which is unprecedented. 

Even more devastating than the first. People literally had to be 

rescued, and the first responders saved numerous lives that day. 

We did, unfortunately, lose the life of a National Guard Staff 

Sergeant, Eddison Hermond, who was seeking to help a person and 

got carried away by the water and lost his life. But clearly, the first 

responders were able to save lives. 

In both of these episodes, Team Maryland did everything we 

could to help immediately the people that were there and to use 

the resources, whether it was local resources, State resources, Federal resources, private resources. It was all coordinated. 

As I said a little bit earlier, I applaud the leadership of County 

Exec Kittleman, who was our true captain in regards to that effort. 

I also thank Governor Hogan for the work the State of Maryland 

did. And I am particularly proud of our Federal delegation. 

Our Federal delegation, we looked at FEMA coming in immediately to help. They did that without the necessary declarations. 

The declarations came later. The Small Business Administration 

was here immediately. Again, they did not wait for the declarations. They were here to help. They helped assess the situation so 

that the declaration process could be easier and the application 

processes could be easier. 

The Environmental Protection Agency has a particularly important role to play, as does the Army Corps of Engineers, and we’re 

going to talk about how we can mitigate the future risk factors that 

occur from such a storm. That’s one of the main reasons for today’s 

hearing. 

So, we have questions. Is this really a once in a thousand year 

event? Obviously, it was not for our generation. What are the 

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causes, and how can we mitigate it? Is it development? Is development the main culprit here, when we look at increased population 

and more concrete rather than allowing runoff to occur in a more 

natural way? What impact is climate change having on what we 

are doing? And adaptation for the natural changes or what’s happening with our climate. 

So, there are a lot of questions that we want to ask as to how 

we can be better prepared to mitigate the risk factors in Ellicott 

City but also how we need to be prepared, because there will be 

extreme weather conditions in the future. How can we make sure 

that we protect life, property, and the unique nature of Historic 

Ellicott City? 

I’m proud to have as my partner in all this Senator Van Hollen. 

He has been a champion on all of these issues. He serves on the 

Environment and Public Works Committee, so he’s a member of 

this particular Committee as well as on the Senate Appropriations 

Committee. So I’m going to call on, first, Senator Van Hollen. 

And then I’m extremely proud that Elijah Cummings is with us 

today. Senators always love having members of the House at our 

hearings, so we particularly appreciate Elijah being here. He’s a 

great leader in our country and does a fabulous job of representing 

the people of the 7th Congressional District in the Congress of the 

United States. 

I also want to acknowledge John Sarbanes, who has been very 

much engaged in these issues concerning Ellicott City and has 

played a very important role as well. 

But first, I’m going to allow Senator Van Hollen to make an 

opening statement, and then we will turn immediately to Congressman Cummings. 

OPENING STATEMENT OF HON. CHRIS VAN HOLLEN, 

U.S. SENATOR FROM THE STATE OF MARYLAND 

Senator VAN HOLLEN. Thank you, Senator Cardin. It’s great to 

be here with so many members of the Ellicott City community. 

And I want to thank Senator Cardin for bringing us together 

here at this hearing. It’s a privilege to serve with him in the Senate and also very pleased to serve with him, as he indicated, on the 

Senate Environment and Public Works Committee. And it’s under 

those auspices that Senator Cardin pulled together this hearing. 

So, thank you, Senator, for your leadership on national issues 

but also very focused on the immediate concerns of community. 

Also want to extend a warm welcome to our friend Elijah Cummings, who’s been a leader in so many different ways. And also to 

Congressman Sarbanes and others in the delegation who have supported these efforts. 

And I’m going to be very brief because Senator Cardin covered 

a lot of territory, and we want to hear from all of you. 

I was here on the ground after the first awful flooding a couple 

years ago and had the opportunity to meet with many of you and 

the business owners and homeowners. And we all hoped at that 

time that it was just going to be an extraordinary and relatively 

unique event in that time scale that Senator Cardin talked about, 

the thousand year flood. But we know now and from our bad expeVerDate Aug 31 2005 06:36 Nov 06, 2018 Jkt 000000 PO 00000 Frm 00008 Fmt 6633 Sfmt 6633 S:\_EPW\DOCS\32416.TXT SONYA
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riences that that is not the case and certainly may not be the case 

going forward. 

So, it’s incumbent on all of us to look at why this is happening 

and do everything in our power to try to prevent it from happening 

and to mitigate the damage when it happens again. 

Senator Cardin referenced climate change. Look, in my view, as 

a country and as a world, we should have been working much 

harder way back to try to put the brakes on the damages of climate 

change. And we’re going to have to continue to try and do that at 

the national and international level. 

But in the meantime, we cannot stand still and not do everything 

in our power here as a State and locally and as a Federal and State 

and local government and as citizens and community members to 

do what we can to learn about what can do locally to reduce and 

to prevent the damage in the first place and then mitigate it when 

it happens. And really, those are the lessons that we want to learn. 

And I want to thank all the members of the Ellicott City community, as Senator Cardin did, for your input in this process but also 

for your resilience and being such amazing examples of the ability 

of our fellow citizens to withstand not just one major disaster but 

a second one, and continue to look for ways to stay together and 

make sure that this is a thriving city and community in years to 

come. 

So, thank you, Senator Cardin, and I look forward to the testimony from our colleague, Congressman Cummings. 

Senator CARDIN. And Senator Van Hollen, I’m glad you mentioned the people of Ellicott City. They’re inspirations to—they 

really inspire us. The courage, the strength. We often say that 

Ellicott City is Main Street America. It truly is. 

These are individual storeowners who have a lot of courage. On 

a good year with good weather it’s tough to run a business. But 

when you have these types of floods, it really brings out the 

strength, and Ellicott City has that strength. 

And of course I’m biased to Joanie because we went to school together, so I’m glad to see you’re smiling today, Joanie. It’s nice to 

have you here in the audience. 

Elijah Cummings has been representing the 7th District for 25 

years in the House of Representatives. He was born and raised in 

Baltimore, and the damage that was incurred in 2016 was also incurred in Baltimore. So it was not just in Ellicott City that we saw 

incredible damage. 

He’s a senior member of the House Committee on Transportation 

and Infrastructure, serving on both the Subcommittee on Coast 

Guard and Maritime Transportation and the Subcommittee on 

Railroads, Pipelines, and Hazardous Materials. 

It’s a real pleasure to have our colleague with us today, who will 

first testify, and then I’m going to invite him, if he wishes, as time 

remains, to certainly join us here. 

STATEMENT OF HON. ELIJAH E. CUMMINGS, 

U.S. REPRESENTATIVE FROM THE STATE OF MARYLAND 

Representative CUMMINGS. Thank you very much. 

Thank you, Senator Cardin and Senator Van Hollen. It is indeed 

an honor to testify before the Subcommittee on Transportation and 

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Infrastructure of the Senate’s Committee on Environment and Public Works regarding the catastrophic flooding that has occurred in 

Ellicott City. 

But before I go on, let me echo what you just said, Senator 

Cardin. When I came—I got here a little bit early, and the parking 

lot was empty. Hello. 

[Laughter.] 

And by the time I got out of my car, the parking lot was full. 

And I say that to say that this is what democracy looks like. This 

is what it’s all about: The idea that on a sunny August afternoon 

when you could be doing all kinds of other things, you are sitting 

here trying to make sure that we shape our destinies and that we 

do it together. And so I am truly honored. 

Let me begin by thanking you, Senator Cardin, for your unwavering commitment to our constituents as they continue to rebuild 

after these floods. 

Senator Cardin has fought tirelessly to help local residents and 

business owners get the assistance they need. He is also working 

to craft new policies to help ensure that our infrastructure programs make the investments our Nation needs to help control 

floods. 

I also thank my good friend and colleague Senator Van Hollen 

for all that he has done on both the Environment and Public Works 

Committee and the Appropriations Committee to help secure assistance for cleanup and restoration. And I thank him for his ongoing efforts to help make the Flood Insurance Program more affordable and effective. 

So I thank, finally, Howard County Executive Allan Kittleman 

and Governor Larry Hogan, as well as Council Member Jon 

Weinstein, the entire Howard County Council, and Congressman 

John Sarbanes, for all their continued partnership with local, 

State, and Federal agencies to provide relief and assistance to 

Ellicott City. 

I also thank all of the community leaders who will testify today. 

Ladies and gentlemen, I wake up every morning—as I know Senator Cardin and Senator Van Hollen do—thinking about how can 

we best serve our constituents and help them improve their lives. 

That’s what this is all about. This is the reason we sought public 

office, and it is that passion that fuels me every day in this job. 

But Senator Cardin said something that is so true: It makes a 

difference when you have a constituency that comes out and is supportive of your efforts. It makes a big difference because it makes 

you want to go out there and work even harder. 

So, I’m so proud to represent Ellicott City in Congress. It is a 

beautiful, historic city and a thriving community that is not only 

a treasure for our State but a treasure for our entire Nation. 

Unfortunately, it is also a community that is located on steep terrain at the confluence of several waterways in a flood prone area 

where topographical challenges have been worsened by the many 

effects of regional development. 

And it is a community where extreme weather events have repeatedly unleashed devastating amounts of rainfall that have overwhelmed the city’s existing infrastructure. 

7 

In 2016 and again in 2018, sudden flash floods have resulted in 

the loss of life and catastrophic destruction. Local residents have 

struggled not only with the economic devastation these storms have 

caused but they have also dealt with the enormous toll this destruction has taken on their lives. 

Much more must be done—much more—to protect this community from flash floods, and that’s why today’s hearing is so very, 

very important. Significant investments are needed to ensure that 

flood waters can be effectively managed and directed away from 

Ellicott City. These improvements are all the more urgent given 

that climate change—yes, I did say climate change—will increase 

the frequency and severity of extreme weather events. 

And sadly, while we’re talking about Ellicott City today, many 

communities throughout the United States will be at risk for the 

same kind of severe flooding from extreme weather, particularly if 

we continue to fail to act to slow or reverse climate change. 

And as you, Senator Cardin, and you, Senator Van Hollen, were 

talking, I just want our audience to know that when there are catastrophes anywhere in this country, our delegation is always there 

because we realize that this is the United States of America and 

that we have to come to each other’s aid. And you can look at our 

votes, and you will see over and over again that we have done that. 

Ellicott City frequently—urgently needs what our Nation needs: 

A coordinated, deliberate, thoughtful flood control effort that is informed by the best available science and that has adequate funding—let me repeat that—and that has adequate funding—to build 

the infrastructure needed to protect communities from the risks 

they face. 

And so, as I close, I will fight, as I know Senator Cardin and 

Senator Van Hollen will, to help Ellicott City secure every single 

dollar of funding available through current programs to help it recover, formulate flood control plans, and build new infrastructure. 

And as a senior member of the House Committee on Transportation and Infrastructure, I have closely monitored and voted in 

favor of the House’s water bill, the Water Resources Development 

Act, which passed the House earlier this year. 

Let me also note that I strongly support the important provisions 

in the Senate’s Water Resources Development Bill, on which Senator Cardin and Senator Van Hollen have worked, and that would 

improve financing for water infrastructure. 

However, I would like the size of the water bill ultimately adopted by the Congress to be significantly increased to provide more 

money to meet our urgent need for infrastructure to control floods, 

improve our ports and dams, and restore vital ecosystems. 

We have a very steep backlog of authorized projects just waiting 

to be funded, and we can no longer afford to make our infrastructure last on the Nation’s priority list. Rather than handing out tax 

cuts to billionaires, we should be helping communities like Ellicott 

City rebuild and become more resilient before the next storm comes 

because, sadly, we know, ladies and gentlemen, as sure as night becomes day and day becomes night, it will come. 

I am so honored to have Senator Cardin and Senator Van Hollen 

as my partners in this effort, along with Congressman Sarbanes, 

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and I thank them again as we continue to fight for the future of 

Ellicott City. 

Thank you very much. 

[Applause.] 

[The prepared statement of Representative Cummings follows:] 

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32416.002
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Senator CARDIN. Thank you, Congressman Cummings. 

Just really for the benefit, the Water Resources Development Act 

that Congressman Cummings was referring to passed unanimously 

in the Environment and Public Works Committee. It’s now pending 

on the floor of the Senate. We may bring it up as early as this 

week. It is looked upon as a noncontroversial bill, but it provides 

tremendous increased resources for water projects in our country. 

So we are optimistic that we will get that bill done before the end 

of this Congress. 

I’m now going to call our first panel, which consists of our Federal partners. Cecil Rodrigues is the Deputy Regional Administrator for Region 3 at the U.S. Environmental Protection Agency. 

Mr. Rodrigues joined EPA in 1987 and held a variety of positions 

during his time with the Agency. He spent the early part of his career in Region 3’s Office of Regional Counsel and served in several 

leadership positions. He received his B.A. in political science at 

Adelphi University in 1984 and his J.D. from New York Law 

School in 1987. 

Colonel John T. Litz is the Commander and District Engineer of 

the U.S. Army Corps of Engineers, Baltimore District. I was at his 

Change of Command ceremony just a few weeks ago. You’ll all, of 

course, know Colonel Chamberlayne and the work that he did as 

our District Director, and we very much look forward to the seamless leadership in our State under Colonel Litz. 

Colonel Litz became the 68th Commander of the U.S. Army 

Corps of Engineers, Baltimore District, on July 13th of this year, 

where he commands a work force of more than 1,000 employees, 

overseeing a multibillion-dollar program that provides planning, 

design, engineering, construction, environment contracting, and 

real estate expertise throughout the Baltimore District. 

And I must tell you; again, speaking for what Congress has made 

available to the Army Corps, the budgets this year have been more 

predictable and greater flexibility, so we are proud of bipartisan 

support for the work of the Army Corps. 

I do want to acknowledge another Federal partner who I know 

is here, is not on our panel, is not under the jurisdiction of this 

Committee: Steve Umberger, who represents the Small Business 

Administration, the Baltimore District. I particularly want to mention him because I am the ranking Democrat on the Small Business Committee. 

But this hearing is going to focus on the jurisdiction of the Environment and Public Works Committee. 

And Secretary Ben Grumbles is here, who is—oh, back there— 

who is the comparable State head of our environmental agency and 

has been a tremendous resource for our Federal delegation as we’ve 

worked to deal with the Chesapeake Bay and other issues. 

Ben, it’s really nice to have you here, also. 

We will proceed first with Mr. Rodrigues and then Colonel Litz. 

By the way, for all witnesses, your entire statement will be made 

part of the record. We ask that you summarize in approximately 

5 minutes to give time for questions and answers. 

And Delegate Flanagan is also here. I acknowledge that he’s 

here. I don’t know if I have any of the other electeds that may be 

here, but it’s a pleasure to have our Member of the House here. 

12 

STATEMENT OF CECIL RODRIGUES, DEPUTY REGIONAL ADMINISTRATOR FOR REGION 3, U.S. ENVIRONMENTAL PROTECTION AGENCY 

Mr. RODRIGUES. Senators Cardin and Van Hollen and Congressman Cummings, thank you for the opportunity to appear before 

you today to discuss EPA’s role in assisting communities to reduce 

their risks of flooding events like those that have occurred in 

Ellicott City, Maryland. 

Excessive stormwater runoff has serious and costly effects 

throughout our country. The EPA considers it one of the leading 

causes of water quality impairment and diminished watershed 

health. It can overwhelm our sewer systems, erode our stream 

banks, pollute our waters, and in the case of Ellicott City, devastate our towns. 

The EPA works with other Federal agencies and the States to reduce stormwater runoff and build resiliency in our communities. 

We do that through the Clean Water Act, funding, and regulatory 

programs, and we do it through innovative approaches like the 

Clean Water Partnership and the Green Streets, Green Jobs, and 

Green Towns programs that I’ll mention a little later. 

Maryland has been a leader in addressing stormwater runoff. 

The Maryland Department of the Environment has set aggressive 

goals to control stormwater as part of a commitment to reduce pollution into local waters and the Chesapeake Bay, requiring restoration of 20 percent of untreated impervious surface areas as part of 

the Phase I Jurisdictions Municipal Separate Stormwater Sewer 

System permits. 

Howard County, which includes Ellicott City, developed a countywide implementation strategy to address the MS4 requirements, 

and by the end of September 2016, has restored more than 1,400 

acres of impervious surfaces. 

Among its other permit related activities, the county created a 

manual that outlines standards for design of stormwater systems 

in new development and redevelopment and has completed detailed 

assessments and maps of all the watersheds within the county. 

EPA assists Maryland and States throughout the Nation in controlling stormwater through the Clean Water State Revolving 

Fund, or SRF, which provides low interest loans through the States 

to support critical water infrastructure projects. Since its inception 

of the SRF Program, EPA Region 3 has provided States within our 

region with $145 million, which have been used to fund almost 124 

projects, including 30 in Maryland for—which cost approximately 

$37.4 million. The projects range from green infrastructure to 

stormwater sewer systems. 

This Administration’s focus on accelerating investment in our 

Nation’s water infrastructure also includes the Water Infrastructure Finance and Innovation Act, also known as WIFIA. This program provides for long term loans for a diverse range of regionally 

and nationally significant water infrastructure projects, which can 

include stormwater control projects. 

EPA’s Water Infrastructure and Resiliency Finance Center provides technical and financial information to help local officials 

make informed decisions on stormwater, drinking water, and 

wastewater infrastructure projects. 

13 

The Center created a searchable clearinghouse for resources and 

funding information for EPA and other Federal agencies and State 

agencies, a kind of one stop shop for communities to address these 

issues. 

In this region, we are looking beyond traditional funding sources 

and partner with nonprofit and the private sector to create innovative programs that offer multiple benefits of green infrastructure to 

capture stormwater. 

For example, earlier this year the EPA and the Chesapeake Bay 

Trust, with the support of the city of Baltimore and the Maryland 

Department of Natural Resources, provided our eighth set of grants 

under the Green Streets, Green Jobs, Green Towns Program with 

nearly $700,000, with a local match of nearly $1 million for 21 

projects. Ten of them were in Maryland. Since 2011 we have 

awarded $8.4 million to 145 projects throughout the region, 

leveraging more than $13.8 million in matching funds. 

The G3 Program helps communities implement plans that reduce 

stormwater runoff and flooding, increase the number and amount 

of green spaces in urban areas, and improve the health of local 

waters and the quality of life in cities and towns, all of which can 

be replicated elsewhere in the Chesapeake Bay Watershed, including Ellicott City. 

EPA also encourages local governments to work with us in establishing community based public-private partnerships to generate 

faster, cheaper, and greener controls for stormwater and provide 

considerable benefits for the local economy and communities. Two 

examples model the EPA’s approach of the Clean Watershed Partnership. One is Prince George’s County, and a similar one in Chester, Pennsylvania. In addition to addressing stormwater, these 

partnerships support local jobs, training opportunities, and assistance with small and minority owned businesses, with significant 

local economic impact. 

We need to support innovations in project delivery and financing 

to enable large scale investments in green infrastructure for public 

health, infrastructure resilience, and neighborhood benefits. As the 

threat of major storms increases, so too must our resolve to help 

local communities protect themselves. 

In conclusion, I’d like to thank you, Senators Cardin and Van 

Hollen and Congressman Cummings, for the opportunity to testify 

here before you today. EPA looks forward to building on its work 

with the States and our communities in our region and across the 

Nation to enable them to tackle the harmful effects of stormwater, 

which can lead to the kind of devastation we’ve witnesses in 

Ellicott City. 

I would be happy to answer questions at the end. 

[The prepared statement of Mr. Rodrigues follows:] 

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Senator CARDIN. Thank you very much. 

Colonel Litz. 

STATEMENT OF COLONEL JOHN T. LITZ, COMMANDER, 

BALTIMORE DISTRICT, U.S. ARMY CORPS OF ENGINEERS 

Colonel LITZ. Thank you. Senator Cardin, Senator Van Hollen, 

Representative Cummings, I’m honored to testify before you today 

on the U.S. Army Corps of Engineers’s role and response to the recent devastating flooding in Ellicott City, Maryland. I’m Colonel 

John Litz, Commander of the U.S. Army Corps of Engineers, Baltimore District. 

Following the unprecedented Ellicott City flood in 2016, which 

equated to a flood with a 0.1 percent chance of happening during 

a given year, the Baltimore District provided post-flood response at 

the request of the Governor of Maryland to clear debris blockages 

in the Tiber and Hudson tributaries. This action reduced further 

risk of immediate flooding to the city as more rainfall was forecasted in the coming days. 

This help was provided through Public Law 84–99 (33 U.S.C. 

701n), which gives the Corps discretionary authority to react to 

various water related emergencies. The Corps provides assistance 

when natural disasters or other emergencies occur after State and 

local governments have exceeded their capabilities. 

In addition to our emergency response, the Corps also leveraged 

the Floodplain Management Services Program, or FPMS, authorized by 206 of the Flood Control Act of 1960. The FPMS Program 

allows the Corps to provide general technical services and planning 

guidance to State, regional, and local governments without charge 

and within program funding limits. 

Using the FPMS Program authority, an agreement was signed in 

September 2016 by the Baltimore District and Howard County to 

conduct a 12-month effort to assess the potential for nonstructural 

flood risk mitigation activities, such as flood proofing some or all 

of Ellicott City’s historic structures located in the 0.2 percent floodplain, commonly known as the 500-year Floodplain. Howard County voluntarily provided the Corps $150,000 for this effort. 

The Corps reviewed information on previous floods in the area, 

to include the depths, velocities, warning times, and elevation surveys for 80 buildings in this 500-year Floodplain. These surveys included identification of the first floor elevation, the lowest point of 

entry, the lowest adjacent grade, nonstructural flood proofing assessments for 16 example structures, preliminary construction 

costs for recommended nonstructural measures, flood action plans 

needed to implement any recommendations, and a cost-benefit 

analysis. The Corps also participated in outreach activities within 

the community. 

Nonstructural flood mitigation is important because it can reduce 

flood damages and is typically less expensive than structural solutions such as levies and floodwalls. Nonstructural flood mitigation 

is also customizable to individual properties and can be implemented in phases. 

Examples of nonstructural measures include flood warning systems, moving valuables to higher levels, raising utilities, waterVerDate Aug 31 2005 06:36 Nov 06, 2018 Jkt 000000 PO 00000 Frm 00021 Fmt 6633 Sfmt 6633 S:\_EPW\DOCS\32416.TXT SONYA
18 

proofing buildings by applying sealant, installing flood doors, floodgates, and closures on doors and windows. 

The Baltimore District provided Howard County with a report on 

their findings in January 2018, and conducted a public meeting in 

February 2018 to present the results. 

It is important to note that nonstructural measures, including 

flood proofing, would not have prevented all the damages sustained 

during the 2016 flood or the flood earlier this year. However, certain measures may reduce flood risk during less severe floods or 

enhance community resilience by allowing communities to bounce 

back after a storm. 

The Corps recognizes that implementing these options can be 

challenging given the estimated cost ranges and working through 

certain historic preservation constraints. These are all things to 

consider when determining the best way to reduce flood risk on individual properties. 

The Baltimore District and the U.S. Army Corps of Engineers as 

a whole are incredibly proud to contribute to the safety and recovery of this historic and important city. 

Thank you, Senator Cardin and Senator Van Hollen and Representative Cummings. This concludes my statement, and I look 

forward to answering any questions that you or other members 

may have. 

[The prepared statement of Colonel Litz follows:] 

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32416.009
23 

Senator CARDIN. Well, thank you both for your testimony. 

Let me first start by agreeing with Congressman Cummings as 

to the need for us to look at stronger ways of being able to deal 

with the backlog, let alone the challenges we have moving forward, 

in regards to our infrastructure in this country, including flood 

mitigation. We need to be more aggressive on that, and I really do 

believe there’s bipartisan support. 

The Chairman of the Subcommittee, Senator Inhofe, talks frequently about bipartisan support for more robust infrastructure 

projects. That’s not a conservative—or, concern, so we should be 

able to do a better job there, and we’re going to continue to work 

on it. 

I want to focus on what we can do in mitigation. You talk about 

nonstructural measures, and I understand what you’re referring to 

in the individual properties and the warning systems. But there’s 

also been some recommendations or thoughts about structural 

changes, trying to increase the water capacity of the tributaries either by widening or redirecting or doing different measures to have 

a more permanent type of a change. 

The realities of population growth and the impervious surfaces 

have made it more challenging, and of course, the weather has 

been more severe. So, you put that all together, without some 

structural changes, it’s going to be difficult to see that we don’t 

have a repeat of what happened during these last two storms. 

So, can you just share with us how either the Army Corps or 

EPA can assist in both structural and nonstructural mitigation programs? 

We know that there have been many studies—there’s been several studies that have been done. We know that we’re still trying 

to figure out where is the most cost effective place to put resources. 

And we also recognize that it’s unlikely it’ll be one funding source 

that’ll be able to deal with solving the problems. But there are different tools available. If you could just quickly review where the 

Federal Government can help in regards to both structural and 

nonstructural? 

Colonel LITZ. Senator, I’ll take that question. 

So, what the Corps recommends are two types of efforts: Near 

term and long term. And in the near term, to conduct risk communication so that those in this area understand the risks involved 

posed by the water and the rainfall events that have happened and 

could continue to occur. And also, that includes preparing for floods 

as well, as a community and also as individuals. And implement 

the flood proofing measures that the Corps has recommended. 

In the long term, take a more comprehensive and collaborative 

approach. Two things that I will offer is to endeavor in a watershed-wide study, not just a study in the local area, in Ellicott City 

and close surroundings, to get the big picture and develop a holistic 

solution for the runoff and for the flooding in the tributaries, as so 

many of them converge in Ellicott City. 

A second effort to—— 

Senator CARDIN. Do you have enough information to make that 

assessment today? Or do you need to do further studies as regards 

the water problems and runoff? 

24 

Colonel LITZ. Senator, we would need to study that. From the 

Corps’ perspective, we would need to study that. I know that there 

is a study—— 

Senator CARDIN. What do you need from Congress in order to 

move that along? 

Colonel LITZ. We would need an authorization and appropriation, 

and depending on the magnitude of that study, that would determine which service that the Corps is authorized to provide that we 

would trigger. If it’s a small effort, say less than $15 million, then 

we could look at the Corps’ continuing authority’s set of authorizations. 

And if it’s a larger effort, over $15 million, typically what you 

would find a structural solution falling into the category of—we 

would have to have an authorization for a feasibility study and an 

appropriation to make good on that authorization. And then once 

the feasibility study is conducted, and should the project have a 

benefit to cost ratio that competes well nationally, we would have 

to have an authorization for the design, pre-engineering design 

work, and also construction. 

Senator CARDIN. So, for structural, it appears like you would 

need specific authority and funding from Congress; is what you’re 

saying? 

Colonel LITZ. Yes, Senator. 

Senator CARDIN. For nonstructural, you probably have enough 

authority? 

Colonel LITZ. And we—— 

Senator CARDIN. You’ve already done so. 

Colonel LITZ. Yes, Senator. We did that with the Floodplain Management Services, which is a standing authority that we have from 

the Flood Control Act of 1960. 

Senator CARDIN. And Mr. Rodrigues, you mentioned several programs locally could qualify for funding for various aspects of flood 

mitigation; is that—— 

Mr. RODRIGUES. Sure. Yes, Senator. So we have been—for instance, we’ve given Howard County, through the Maryland Department of Natural Resources and the Chesapeake Bay money, 

$100,000, which Maryland gave, and then $50,000 that EPA gave 

through a Chesapeake Bay implementation grant to study two 

things. One was to look at water infrastructure assessment, green 

infrastructure assessments. Also, to study the—originally the flood 

from July 2016 to determine water measures that can be taken. 

In addition, we’ve worked with communities to develop some 

public-private partnerships which fund and increase quickly—increase the use of green infrastructure projects. 

The Agency also has the WIFIA grants, loans, which communities like Ellicott City, in conjunction with the State, can apply for 

which can give direct funding to stormwater projects. 

So there are numerous sources the Agency has in the past and 

will continue to work with communities like Ellicott City and Howard County to apply for and determine what’s the best type of funding mechanism. 

Our Water Infrastructure and Resiliency Center can help finance. The Resiliency Center can help communities look at what’s 

the best type of financing to get and what are the better projects 

25 

to spend the money on. So we have several resources that communities like Ellicott City and Howard County can partner with the 

Agency to do. 

One other thing I’d like to mention is we have also tried to partner with our other Federal agencies, so with FEMA and the Army 

Corps. In Huntington, West Virginia, we’ve partnered with FEMA 

and the Army Corps to work with the community to determine its 

needs and then try to work as one Federal Government to direct 

resources. That’s an opportunity that we can work with the county 

or—and the city to help look at alternative sources of funding that 

maybe they have not looked at and thought of. 

Senator CARDIN. I thank you for that because we’re going to have 

to be creative. I do point out: The WIFIA program and TIFIA are 

the traditional—were creations through the Environment and Public Works Committee to leverage more funds because we recognize 

there will never be enough funds. So we have to leverage the best 

we can. WIFIA does present some opportunities for us here in 

Ellicott City. 

Senator Van Hollen. 

Senator VAN HOLLEN. Thank you, Senator Cardin. 

Thank both of you for your testimony here. 

So, Colonel Litz, you mentioned the study that had been done by 

the Army Corps after the 2016 flood, focusing on the nonstructural 

flood proofing study. And as I understand that study, it primarily 

recommends to homeowners or businesses things that they might 

do to better protect themselves in the case they have another flood; 

is that right? 

Colonel LITZ. Yes, Senator. That’s correct. 

Senator VAN HOLLEN. And the costs in those cases are borne by 

the homeowner or the storeowner; is that right? 

Colonel LITZ. Yes, Senator. 

Senator VAN HOLLEN. Do we know whether any of—I know this 

report didn’t come until January of this year, but I know you were 

engaged in the study for a while. Do we know whether or not any 

of the homeowners or storeowners implemented any of these 

changes and whether that helped reduce the damage in the last 

flood? 

Colonel LITZ. Senator, the final report came out in February of 

this year, so I do not know if any of the storeowners or homeowners had an opportunity to implement any of these recommendations. I think I would leave that to others to answer. 

But I know that the Corps has engaged in similar studies over 

the past couple of decades in other places: In West Virginia, Virginia, at least. Maybe over a thousand flood proofing recommendations have been implemented successfully. In Huntington, West 

Virginia, there’s an effort ongoing now that my colleague from the 

EPA mentioned earlier. 

So we do know that these measures are feasible and that they 

can work. But as I stated in my comments, the magnitude of the 

events that happened in 2016 and 2018 that brought us here today, 

these measures would not have prevented those damages. 

Senator VAN HOLLEN. Right. And so that leads me to your sort 

of longer term recommendations because I understand your sort of 

immediate term is risk communications and implementing the nonVerDate Aug 31 2005 06:36 Nov 06, 2018 Jkt 000000 PO 00000 Frm 00029 Fmt 6633 Sfmt 6633 S:\_EPW\DOCS\32416.TXT SONYA
26 

structural proposals that you recommended. But really, as you just 

said, if we want to really try to limit the damage of flooding like 

we saw earlier this year and in 2016, we’re going to have to take 

other measures. 

I know Howard County and the community are engaged in a debate about the extent to which local development has an impact on 

floodwaters, and we await sort of the outcome of that discussion 

and are engaged in listening. 

But in terms of your more permanent solutions, there was this 

report that was done in 2014 that was updated after 2016, and I 

know you’re relatively new on the beat. Congratulations again on 

that. But there was an Ellicott City Hydrology and Hydraulic 

Study and Concept Mitigation Analysis where they made some specific recommendations with respect to changes that could be made 

that would affect the quantity of water and the flow of water. 

And I don’t know if you and your team have had a chance to 

really dig into that. If you haven’t, I urge you to do it because, as 

Senator Cardin said, we need, obviously, to have a plan. There has 

been work done here, and so rather than reinvent the wheel, 

maybe we can find a way for everybody to take a look at that, update it if need be, and look about whether there’s agreement those 

specific proposals would in fact reduce the damage from the flooding. 

And then we have to get it done. Obviously, part of that, we have 

to figure out how to pay for it, and there’s local funding, there’s 

State funding, and Senator Cardin said there’s Federal funding. 

But we’ve got to make sure that we come to agreement. 

Have you had—do you know, have you and your team had a 

chance to look at that earlier study? And what do you think, if you 

did? 

Colonel LITZ. Senator Van Hollen, I believe the study that you’re 

referring to is the McCormick and Taylor H&H Study. And if that 

is the case, then yes, my team has looked at that study. They read 

it, they understand it, and they used it to inform their study that 

they—for the nonstructural flood proofing recommendations, to 

some extent. 

So I do know that we understand this study of the district. Personally, I have not had a chance to see that study yet. But we do 

know the content of that study and that it makes recommendations 

for structural elements to protect Ellicott City and other areas. 

So—— 

Senator VAN HOLLEN. Maybe I could just ask, Senator, if you and 

your team could provide us any comments you’ve got on that study 

with its structural recommendations? It makes two very specific 

ones: Quantity management, to reduce the quantity of flow into 

Frederick Road and Main Street corridor, and a second, conveyance 

improvements. And there were some specific conveyance improvements. 

So I think it would be helpful if we can all sort of be on the same 

page as to what needs to be done, and then we can all figure out 

how the funding will work to get it done. 

Colonel LITZ. Yes, Senator. We can provide a follow up statement 

to that effect. 

Senator VAN HOLLEN. Thank you. 

27 

Senator CARDIN. Congressman Cummings. 

Representative CUMMINGS. I want to just pick up where both 

Senators left off. Whenever I come to a hearing like this, I try to 

put myself in the seat of the people who are sitting out there and 

what they’re thinking and what questions that they would ask. 

And if I were a business owner, or even a resident, I would ask 

the question: Do we know why this happened, Colonel? The flood, 

the situation? And the destruction? I mean it looked like—I 

mean—well, you saw it. It was horrible. Go ahead. 

Colonel LITZ. Representative Cummings, no doubt. I saw the 

footage before I took command of the floodwater rushing down the 

streets, and I was shocked that this was happening. I was brand 

new to the area. I hadn’t even moved here yet. And I did move to 

Maryland, a little bit further down south. And I have had a chance 

to get out and walk around in Ellicott City this weekend to get a 

better appreciation for the problem that this city and this community is dealing with. 

Representative CUMMINGS. I appreciate you doing that. Go 

ahead. No, go ahead. 

Colonel LITZ. Thank you, Representative. 

So, as to the cause, we know that there was what the National 

Weather Service states is a 1,000-year rainfall event, which is an 

incredibly intense amount of rainfall that—I think 6 inches in less 

than a couple hours, maybe more. And in this area, as everyone in 

this room is probably well aware of, it drains to one place very 

quickly. 

And as to the causes of that, I cannot speak to why weather patterns are occurring and what’s behind that. But I can tell you it’s 

the intense rainfall. I can’t tell you—— 

Representative CUMMINGS. I’m talking about the flooding recurrence. I’m talking about the flooding itself. 

In other words, first of all, you’ve been in other places. I mean, 

have you seen anything comparable to this? 

Colonel LITZ. I know of—just because my parents are from West 

Virginia, and there are some places back where they’re from that 

it’s an absolute deluge at times and have been wiping communities 

out for years, from what I’ve been told. 

But I have not personally, my adult life, seen this sort of flooding. 

Representative CUMMINGS. I got you. But let me say what I’m 

trying to get to. I’m trying to figure out—I try to be practical about 

things. And like many of the people in this room, they want to 

come back. Their livelihood depends upon it. And—but on the other 

hand, I guess some of them are saying, ‘‘How do I—what can we 

do to best assure that when we come back we don’t face this over 

and over again?’’ I’ve talked to a number of folks here, and I mean 

that’s the key question. 

So I guess I’m trying to figure out has it—have we seen something comparable? And if we have, how was that dealt with? And 

is that something that we can bring to this area? You following 

me? 

Maybe Mr. Rodrigues has an answer for that; I don’t know. 

Mr. RODRIGUES. The heavy rains have impacted numerous cities 

and communities all through the—up and down the East Coast. 

28 

The Agency has seen stormwaters through sewer systems that 

have just been—have had to be bypassed because of the severe 

amount of rain and severe amount of water that’s been going 

through the systems as far up as New York and Pennsylvania. 

These are issues that we are going to have to—is not going to 

go away, and we’re going to have to start dealing with it. And part 

of that is a combination of looking at structural changes, grade 

changes that have to be made, increasing our sewer—improving 

our sewer systems, but also green infrastructure. But also, rethinking and looking at, as I think the Senator mentioned before, looking at stormwater on a watershed basis to—and getting communities to work together to help address these situations. 

Because this is—while we can do things on a very local basis, the 

answer is probably—it is going to be on a watershed basis and 

looking at how do we get our communities together to work together to address these because—— 

Representative CUMMINGS. I think we can get the communities 

together. I think they’re already together. That’s not the problem. 

[Applause.] 

Representative CUMMINGS. I guess—maybe it’s because I spent 6 

months in the hospital. I have a different view of life, and that is 

that we only have one life to live; this is no dress rehearsal, and 

we may be gone tomorrow. But while we’re here, this is our watch. 

And I guess I’m trying to figure out how soon do you—either of 

you—see us being able to work this out, best case? Because that’s 

what they want to know. I’m telling you; they may not say it, but 

if I were them, I would want to know. 

Colonel LITZ. Congressman Cummings, so from the studying that 

I’ve done preparing for this and since I’ve been in command, I 

know that I think it was back in 1994 there was a study. There 

are several studies that have taken place for flooding and to address this issue, even going back to the 1970s. 

And I think in the 1994 study, flood mitigation solutions were— 

some recommendations were made, things were studied, and I 

think the determination was that the locations—I think there were 

issues with the real estate, it’s too far north, the measures 

weren’t—it just wasn’t feasible, or it wasn’t economically feasible, 

it didn’t make the benefit-cost ratio cut off to be competitive. 

So I know the problem has been studied, but that doesn’t mean 

that new methods, new technology isn’t there to help. And I’m talking significant structural things that we can do. And the question 

is what are they, where would they go, and what would be the 

cost? And all of those things, in my—from the Corps’ perspective, 

would require a deliberate study. 

And there is a study authority from that very 1994 study that 

I just mentioned, but it hasn’t been funded in a while. We would 

need to get reauthorized and appropriations put against it to 

take—to commence to another general investigation feasibility 

study. 

Representative CUMMINGS. I see my time is up, but let me say 

this, and I know that Senator Cardin and Senator Van Hollen feel 

the same way: You will not get a delegation that will work closer 

and harder with you all to get this resolved and soon, as soon as 

we can. And we understand you don’t have all the answers. But 

29 

we’re here, and you’ve got a State Governor and certainly all of our 

community, residents and storeowners and shop owners. We’re 

here. 

Yes, you see them. You can look around and see them. 

Thank you very much, Senator. 

Senator CARDIN. Thank you, Congressman. 

Let me just connect a couple dots here for my colleagues. In regards to what individual property owners can do, what the county 

can do within reasonable dollar amounts, we’re going to take you 

up, Mr. Rodrigues, and take a look at all the Federal partnership 

programs we have under EPA and see how we can leverage that 

most effectively to harden as best as we can against the realities 

of flooding. 

And we think we can do more. We can be more effective. There’s 

good information out by the studies that have been done already. 

So we do have a blueprint, I think, on dealing with that area. 

I think what my colleagues and I are saying, though, is that we 

recognize that we do need structural improvement. And yes, that’s 

very expensive, and yes, we need to know what works and the costbenefits of all of these issues. 

So there’s been conversation at the county level about changing 

the flow, widening the tributaries, dealing with some of the current 

ownership of land in order to make that more of a reality by changing use. All that has been under consideration. And as the County 

Exec has said, we’ll consider any options. We want to do what the 

community wants us to do. 

So we need from you, Colonel Litz, the best information we can. 

I think what you’re telling me is that you may need—you will need 

additional guidance from the Congress on this issue. So my colleagues and I will go back to see how we can get you that so we 

can move as quickly as we possibly can in the broader watershed 

because that looks like what we’re talking about is going to have 

to be done. 

But we do know that there’s conversations here in the county 

about taking those bold steps. And the community is prepared to 

do it, as is the leadership of this county prepared to do it. But 

they’re going to need our help as to what makes sense, what is feasible, and they’re going to need our help on partnership from the 

point of view of resources. So let’s figure out how we can move forward on those issues. 

Let me thank both of our panelists again. This is not the last 

time we’ll be having a conversation about it. We thank you all very 

much. 

We’re going to move on to our second panel, which includes Mark 

DeLuca, who is the Chief of the Bureau of Environmental Services 

in the Howard County Department of Public Works. He has been 

a busy person during these last couple years, a person who we have 

seen quite frequently and have worked with. 

Jon Weinstein represents Howard County’s District 1, including 

Ellicott City, Elkridge, Hanover, and Columbia. He’s also been a 

very busy person during these last 2 years. We have walked the 

streets together many times, talked to a lot of the neighbors about 

these issues, and he’s been an incredible leader in trying to get us 

on the right path. 

30 

Grace Kubofcik is the Board President of Patapsco Heritage 

Greenway and has been a resident of Ellicott City for more than 

49 years and has been very active in those years. She’s spent her 

career in public service at the Social Security Administration, 

Maryland Department of Human Resources, and Executive Assistant to the Howard County Exec. 

You’ve been a busy person. Thank you for your public service. 

And Matt Fleming is the President of the Ellicott City Partnership, which is a 501(c)(3) nonprofit that seeks to preserve the heritage and vitality of Old Ellicott City while enhancing and creating 

its economic growth. Dr. Fleming has been a resident of Ellicott 

City since 2006. 

And I’ve been told that Jen Terrasa is also here, a member of the 

County Council of Howard County. Let me just acknowledge her 

presence. 

There she is. Thank you. 

We’ll start with Mr. DeLuca. 

STATEMENT OF MARK DELUCA, DEPUTY DIRECTOR AND 

CHIEF OF ENVIRONMENTAL SERVICES, HOWARD COUNTY 

DEPARTMENT OF PUBLIC WORKS 

Mr. DELUCA. Thank you, Senators Cardin and Van Hollen and 

Congressman Cummings, for the opportunity to appear before you 

today. 

I’d like to start by describing the Tiber-Hudson Watershed in a 

little bit more detail than we’ve gotten into so far. The watershed 

is very small. It’s 3.7 square miles, which means that a drop of 

water at the top of the watershed will find its way to the Patapsco, 

its only drainage point, in a relatively short period of time. And 

those three tributaries running through it, the Hudson, the Tiber, 

and the New Cut Branches, all of which, as mentioned before, flow 

to the Patapsco. 

The topography is characterized by steep slopes and has shallow 

bedrock which, as a result, makes the water move a lot faster; it 

doesn’t soak into the ground, and finds its way to the Patapsco and 

Main Street much more quickly. 

There’s a history of 21 flood events in Ellicott City since 1768. 

Fifteen of those events were caused by the Patapsco rising. Six of 

the events were caused by tributaries flooding. The last three 

events were in 2011, 2016, and 2018. They were all tributary flooding events. 

On July 30th in 2016, while the region experienced common normal thunderstorms, say 1 inch per hour, give or take a little bit, 

or less, Ellicott City experienced 6 inches in 2 hours. And that 

caused a 6- to 8-foot wall of water to travel down Main Street. 

Similarly, on May 27th of this year, 2018, the region again experienced typical thunderstorms, but again, Ellicott City experienced 

7.5 inches in 5 hours, with the majority of that happening over 

about 3 hours and another 6- to 8-foot wall of water going down 

Main Street. 

The Weather Service described these storms as back building 

storms. It was something that we had never heard of in my circle— 

excuse me. In my circles, we had never heard of that before. And 

we were told that it’s not something that could be predicted, when 

31 

and where they might occur. They also indicated to us the frequency and intensity of severe storms is on the rise, especially in 

the Northeast. 

Within this context of information, we began comprehensive 

modeling of the watershed in 2016. Basic design principle was to 

minimize the water spilling out of the culverts and channels onto 

the street so that it posed less of a threat to property and life. The 

100-year storm was modeled, in addition to the July 30th, 2016, 

storm. 

The study identified 18 potential locations to retain stormwater 

as well as recommending needed conveyance improvements. The 

cost was estimated to be approximately $80 million. 

In August 2017 four projects were selected to move forward 

based on the positive impacts they would have on the community. 

However, even with all 18 projects, the modeling only showed modest reductions in water elevations on the upper end of the Hudson 

Branch and less on the lower Tiber, or the lower part of Main 

Street near the Patapsco River. 

So we realized that structural solutions were not the end all be 

all, they weren’t the only piece of the overall solution, and that we 

needed to search out other things. 

We engaged with the Corps of Engineers, as you’ve heard, to 

evaluate flood proofing strategies for the town, and after the study 

was done, we set aside a modest pool of money for grants to kick 

start the flood proofing program. 

And we’ve taken a hard look at correcting and removing pinch 

points in the channel conveyance, such as 90 degree bends, significant reductions in the channel size. If you’ve been out there, you 

see it. The channel goes from 50 feet to 15 feet. That might have 

been excellent for a mill town back in the 1800s, but it doesn’t really have a purpose today other than to be detrimental to the community. And other constrictions posed by buildings that straddle 

the channel. 

So—but our resources are strained, with the greatest challenges 

being funds to implement the plan. FEMA has been a lifeline, certainly a lifeline immediately after these events, to restore the infrastructure. But we ask for help in being able to maximize funds 

from pre-disaster mitigation and flood assistance grant programs. 

We need help navigating the process. 

And even with this assistance, these programs may be limited in 

the contribution they can make. So we are asking what other programs there are that may help us bridge the funding gap that we 

find ourselves in. 

We have much work to do to restore this community to a more 

resilient and sustainable form, and we can’t ignore the urgency to 

get the work done. 

So, again, thank you for this opportunity, and I look forward to 

answering any questions you may have. 

[The prepared statement of Mr. DeLuca follows:] 

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Senator CARDIN. Thank you. 

Councilman Weinstein. 

STATEMENT OF JON WEINSTEIN, COUNCIL MEMBER, 

DISTRICT 1, HOWARD COUNTY COUNCIL 

Mr. WEINSTEIN. Thank you, Senator. Jon Weinstein, Council 

Member for District 1, representing Historic Ellicott City. 

Thank you very much, Senator Cardin, Senator Van Hollen, and 

Congressman Cummings, for being here at this very important 

hearing to hear representatives from our community and to help us 

in moving forward. 

I’d like to start by thanking you, the Federal members who have 

been actively engaged in response to the floods in 2016 and 2018 

and our recovery efforts. I’d like to recognize your partnership—as 

you all pointed out, it’s critical to our success—and the partnership 

among the local, State, and Federal elected and government officials. 

As it should be, natural disasters should be a time when those 

in public service focus on doing what’s right. And I know that you 

all have demonstrated that, and I look forward to continuing that 

with you. 

County Executive Kittleman and Governor Hogan, Delegate 

Flanagan, who’s behind me as well, my colleagues on the Council, 

and our representatives, you have come from both major parties, 

yet partisanship never enters the question. We see partnership 

over partisanship, and that is going to be how we solve this problem. 

You’ve heard from my friend here, Mark DeLuca. We’ve spent a 

lot of time together talking through all sorts of scenarios. You’ve 

heard from experts from the EPA and from the Army Corps. They 

all bring pieces of the puzzle—I’m going off script here. I know you 

may have my comments from before. And I do have some of the answers that you asked the previous speakers. 

We’ve made progress, but things have changed. The frequency 

and severity of these floods, as Mark said, are not predictable. The 

National Weather Service informed us just a few weeks ago that 

they need help. So, on their behalf, they need funding and time to 

review how they look at storms, no longer looking at them in 24- 

hour periods but based on severity in short periods of time. 

So the standards that we use in counties and localities all around 

the county to determine how we build, how we design stormwater 

facilities, it needs to be adjusted, and it needs to be reflective of 

our current scientifically based context of the changing climate. 

We’ve talked about funding. That is simply the bottom line. Howard County, we’re one of the wealthiest counties in the country, 

and we have lots of resources to bring to bear. But even we cannot 

bear the full cost of this recovery effort. 

In Frederick County, there was a partnership between the Federal, State, and locals that basically shared a third each of a major 

project, a project, by the way, which took well over 20 years to execute and cost in the vicinity of $60 million. We are talking about 

the same thing here. 

We have opportunities to do things quicker and better because 

of the studies that have been done. The H&H study that’s been reVerDate Aug 31 2005 06:36 Nov 06, 2018 Jkt 000000 PO 00000 Frm 00037 Fmt 6633 Sfmt 6633 S:\_EPW\DOCS\32416.TXT SONYA
34 

ferred to a couple times is regarded as a great blueprint, which we 

have been updating and revisiting since the day after the last flood 

just a few months ago. And we’re hopeful to roll out a plan in the 

next week or so, if not sooner, that identifies the data driven recommendations for dramatic improvements to the conveyance of 

water through the town. 

So we have looked at that, but funding it comes down. We are 

in a weird situation. The flood happened 3 days after we passed 

our budget, and we can’t change our budget. By code and our charter, we can’t just change our budget and add a whole bunch more 

spending to it. We have to get additional sources of revenue, which 

would be coming from the State and the Federal Government. 

We had a great meeting with Secretary Grumbles and other Secretaries just last Friday to talk about all the various programs. But 

even they have a similar constraint in terms of how the dollars 

identified at the Federal level are spent. 

There are rules that prevent our jurisdiction and jurisdictions 

around the country from building better replacements than what’s 

been destroyed, which is somewhat illogical but is an outcome that 

we’ve seen as a result of other disasters like Hurricane Sandy, 

where the better solution is the more innovative, more technologically sound, more scientifically based solution that’s grounded 

in today’s information, not just going back and putting a pipe back 

in the ground that’s the same size and configuration as was there 

before. 

The huge pipe that was swept down and destroyed Ellicott Mills 

Drive, that intersection, which will take us many, many months to 

replace, we need to do something more comprehensive there, which 

we’re working on. We have a great plan for replacing that, and the 

funding—we’ll get some Federal funding for that. We’re grateful for 

that. Unfortunately, that—we have to foot the bill up front. We 

have to pay 100 percent of it, and then we’ll have to go through 

a process to get 75 percent of those funds back. 

So, on the whole, funding remains, between the sufficiency of 

funds, the ease of access to those funds, and some of the local program rules. I have some solutions which are in my statement 

which I’d be happy to share with you during the question and answer period. 

As well, just general support. I think the one thing the Federal 

Government can do to expedite this is to go more directly. Where 

you can come in, and there’s a lot of scenarios where it goes to the 

State first, then to the counties, or some of the times the counties 

first. If you can go direct to the people who need the support, that 

would be best. 

So, with that, I’ll just conclude with one simple point. The solutions to these issues are possible. They’re possible with comprehensive funding and support. Our county engineers and industry partners and experts in our community, in fact across the world, have 

come forward with recommendations that we are getting ready to 

put into place. We need the support to do that, and I’m looking forward to working closely with you to make sure it gets done. 

Thank you very much. 

[The prepared statement of Mr. Weinstein follows:] 

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32416.011
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32416.012
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32416.013
38 

Senator CARDIN. Thank you very much for your testimony. 

Ms. Kubofcik. 

STATEMENT OF GRACE KUBOFCIK, PRESIDENT, BOARD OF 

DIRECTORS, PATAPSCO HERITAGE GREENWAY, INC. 

Ms. KUBOFCIK. Senator Cardin, Senator Van Hollen, and Representative Cummings, welcome. Welcome to the Patapsco Valley 

Heritage Area. We, the Patapsco Heritage Greenway, are the managing entity of this 24.6 square mile heritage area, the smallest of 

Maryland’s 13 heritage areas. 

Our Patapsco Valley is where people lived and worked during the 

18th and 19th century on the banks of and land close to the Patapsco River. They supplied finished goods, like iron, textiles, 

paper, and flour, to a growing Nation and the world. From 1733, 

Elkridge Landing linked our valley to the Chesapeake Bay and to 

the world ports of Europe. 

In 1772 the Ellicotts, two Quaker brothers, established the flour 

milling industrial village of Ellicott City, and since then, Ellicott 

City has stood as a well preserved 19th century mill town. 

Within our heritage area are the mapped boundaries of the communities of Catonsville, Oella, Elkridge, Relay, and Ellicott City. 

There are 20 historic districts, 500 historic properties, which include 27 historic landmarks. One of those landmarks, the 1830 

Ellicott City Baltimore and Ohio Railroad Station, the oldest surviving railroad station in America and the site of the first 13 miles 

of track ever constructed in America, is a National Historic Landmark. 

The Patapsco Heritage Greenway rents office space on Old Columbia Pike in Ellicott City on Tonge Row, a group of buildings 

built by Ann Tonge in the 1840s for the residence for mill workers. 

Many of our partners in this audience—and there are many partners in this audience—could have been sitting at this table presenting testimony to you. 

The night of July 30th, 2016, we began assisting in flood recovery. We used social media as a hub for information sharing, which 

continues to this day. We assisted in flood recovery efforts to ensure that all historic buildings were saved from demolition. We contacted and worked with our preservation partners, Preservation 

Maryland, who initiated structural engineering experts and staff 

reviews, and we secured building materials for stabilization efforts. 

Preservation Maryland and the Howard County Department of 

Planning and Zoning helped property owners navigate tax credits 

and grants. 

Our volunteer Stream Watch team members identified two major 

sewer leaks flowing into the Patapsco River. Our 419 volunteers removed over 13,000 pounds of flood debris from Ellicott City tributaries, Oella, the Patapsco Valley State Park, and Hammonds 

Ferry Road in Elkridge. 

On May 27th, 2018, another major flooding catastrophe struck 

our valley. Again, we engaged immediately through social media. 

Stream Watchers were alerted. Contact was made with Preservation Maryland and the Maryland Historical Trust. 

First cleanup efforts were in the Patapsco Valley State Park. The 

damage was breathtaking. By July we had conducted six cleanups 

39 

with 175 volunteers and removed over 3 tons of flood debris. 

Stream leaders were active in Oella, Catonsville, and Ellicott City 

tributaries. Another sewer leak was discovered and reported. 

This time using our own financial resources, we gave a total of $10,000 of flood recovery funds to Friends of Patapsco Valley State 

Park, the Catonsville Chamber of Commerce, and the Ellicott City 

Partnership. We have cleanups scheduled through September and 

October. 

We as an organization have a very clear vision for Main Street 

Ellicott City. Our Main Street is a Main Street that is one of a 

safe, vibrant pedestrian and transit corridor. It is not one of a corridor of a reoccurring tributary created by rain and storm runoff. 

Our vision is a Main Street lined with historic buildings, filled with 

retail, arts, and restaurants, and with residents on upper floors. 

The Tiber and the Hudson and New Cut tributaries flow clear and 

safely through their natural streambeds and built channels to the 

Patapsco River. Upstream stormwater is contained and slowly released. 

We urgently need Federal help to realize this vision. Safety is 

critical. Federal resources are needed to immediately construct 

stormwater retention facilities and water conveyance channels. 

Investment in new technologies is critical. 

Resources are needed to preserve and restore historic buildings. 

Resources are needed to encourage the production of flood mitigation products such as waterproof doors and windows and warning systems. 

Resources are needed to make flood insurance an asset, not a financial burden and liability. 

And resources are needed to maintain the National Road, which 

is Main Street, running through Ellicott City as a transportation 

and pedestrian corridor. 

And finally—and Senator Cardin, we know you are deeply involved with this—Federal historic tax credits are not well equipped 

for small Main Street-type projects. They need to be updated to reflect the needs. The tax credit should be made a transferable credit 

and should reduce the expansive adjusted gross requirements. Federal credit improvements should be proactive in disaster resiliency 

funding and planning. 

And we thank you for the opportunity and for the ask to allow 

us to testify. 

[The prepared statement of Ms. Kubofcik follows:] 

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32416.016
43 

Senator CARDIN. Thank you for your testimony. 

Dr. Fleming. 

STATEMENT OF MATTHEW H. FLEMING, PRESIDENT, 

BOARD OF DIRECTORS, ELLICOTT CITY PARTNERSHIP 

Mr. FLEMING. Thank you very much. Senators Cardin and Van 

Hollen and Congressman Cummings, thank you for the privilege of 

coming before you to speak about flooding events in Ellicott City, 

Maryland. 

My name is Matt Fleming. I’m the President of the Board of Directors of the Ellicott City Partnership, or ECP. 

The ECP is a not-for-profit organization that serves Ellicott 

City’s Historic District, or Old Ellicott City. Balancing the functions 

of a chamber of commerce and a historic preservation organization, 

the ECP works to preserve the heritage and vitality of Old Ellicott 

City while creating and enhancing economic growth. The ECP’s 

constituents comprise businesses, property owners, residents, and 

visitors to Old Ellicott City. 

Old Ellicott City is a place of national historic significance. As 

we’ve heard, founded in 1772, Ellicott’s Mills, later renamed 

Ellicott City, grew to become one of the largest milling and manufacturing towns on the East Coast. Roots of the Industrial Revolution trace to Ellicott City, which served as the first terminus of 

commercial railroad in the United States. 

Old Ellicott City is the seat of Howard County, home to some of 

the Nation’s very best schools, most educated populous, and highest median income. The gem of the Mid-Atlantic with its celebrated 

Main Street, Old Ellicott city offers a unique mix of businesses, cultural and historic sites, and green spaces. 

Old Ellicott City is also a place of economic significance. At full 

capacity, its nearly 150 businesses provide a diverse mix of retail, 

dining, and services. Research conducted by the University of Baltimore suggests that Old Ellicott City businesses in 2016 contributed 

$197 million in business activity to the county, supported nearly 

$80 million in labor and income, and generated some $14 million 

in government revenues. 

Old Ellicott City has historically been prone and largely resilient 

to overbank riverine flooding. Recently, however, Old Ellicott City 

has experienced destructive flash flooding. Two catastrophic flash 

floods have followed separate 1,000-year weather events, the first 

on 30 July 2016, and the second on 27 May of this year. Both flash 

floods have resulted in loss of life as well as considerable damage, 

with property and business owners suffering millions of dollars of 

losses. 

Research suggests that the 2016 flood reduced business activity 

by $67 million, labor income by $27 million, and government revenues by more than $1 million. And the 2018 flood was more destructive and impactful. Culverts and roadways were destroyed, 

along with historic buildings. And current statistics suggest that 

many fewer businesses are likely to return. 

The ECP has sought to help its constituents following each flood 

event. In 2016, for example, the ECP raised and distributed $1.8 

million in flood relief; worked with county partners to provide returning businesses with various services; developed, promoted, and 

44 

delivered an array of events to bring visitors to Main Street; and 

convened constituent meetings to share information and emotional 

support to affected parties. 

In 2018 the ECP has stepped up to play a similar role, though 

fundraising amounts trail those of 2016. 

In the wake of the 2018 flood, to guide our own post-flood work 

plan and also to support the recovery planning of our public sector 

partners, the ECP conducted a needs assessment of its constituents. Constituent needs of greatest relevance to Federal Government partners include the following: 

No. 1, funding and immediate completion of critical stormwater 

management projects. This is the most important and pressing 

need identified by ECP businesses and property owners, particularly the aggressive acceleration of projects to ensure that Old 

Ellicott City is better prepared for the next flood event. 

No. 2, Federal and State funding to assist the county with purchasing properties repeatedly damaged by flooding. 

No. 3, assistance with continued development and funding of an 

effective warning system that communicates with all parties in 

harm’s way. 

No. 4, assistance developing robust emergency preparedness 

plans, to include evacuation plans to the level of individual properties. 

No. 5, subsidies for or other assistance with flood insurance. 

No. 6, assistance with the ongoing development, funding, and delivering of a comprehensive stormwater management approach for 

the full watershed, and 

No. 7, grants—not loans—to allow businesses and property owners to rebuild. 

The ECP has worked closely with its local and State partners in 

Old Ellicott City’s recovery. The ECP recognizes, however, that 

major infrastructure and related projects will be required to increase the long term safety and resilience of Old Ellicott City and 

that these projects will require more resources than local and State 

partners can reasonably allocate. 

The ECP appreciates the focus of the Subcommittee and broader 

Committee on issues of relevance to infrastructure and flooding 

risks, and requests assistance meeting the needs of its constituents. 

In closing, and on behalf of my ECP colleagues and constituents, 

I thank you, Senators Cardin and Van Hollen and Congressman 

Cummings, for the opportunity to speak here today and for your 

support of our beloved Old Ellicott City. 

[The prepared statement of Mr. Fleming follows:] 

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Senator CARDIN. Well, let me thank all four of you for really putting a lot behind this issue, more than just the individual properties. It’s about the history, it’s about the future, it’s about a community. So I very much appreciate your testimonies. 

Ms. Kubofcik, one of the things you said is absolutely accurate, 

and that is the historic tax credit issue. If there’s an opportunity, 

probably in the next Congress, we’re going to be revisiting the tax 

credits, and there’s bipartisan support for strengthening the historic tax credits. 

So, what I’m going to do is have my tax person work with the 

community to see whether we can establish an easier path on allocations on the historic tax credits for those properties that are at 

risk because of flooding. And it may give us an avenue to be able 

to preserve some of these historic structures in a safe manner moving forward. 

So, I thank you for that recommendation because I think that’s 

one we can move forward with, and there’s great interest on the 

historic tax credits. So, thank you for your comments on that. 

Ms. KUBOFCIK. Senator Cardin, one of our partners, which was 

Maryland Preservation, would love to have the opportunity to work 

with you on this, as would we. We think it’s a tool, and we think 

it’s a tool that can be utilized in smaller settings for small businesses, et cetera, and private property owners. 

So, I’m disappointed to say it’s going to be the next session. I did 

see bipartisan support, and thank you for reaching out to get that 

bipartisan support. But I think it’s a tool that could be applicable 

throughout the United States but very important for Ellicott City. 

Senator CARDIN. We were able to preserve it in this tax debate, 

and that wasn’t a certainty. 

Ms. KUBOFCIK. I know that, sir. 

Senator CARDIN. And Preserve Maryland seems to be always in 

my office, so you have a very active partner. 

Mr. DeLuca, you raised something which—I should have thought 

this out. But we always remember the Patapsco rising and causing 

flooding in Ellicott City. I’m reminded that, when I was young, I’d 

come out here to see the floods when the Patapsco rose up. But 

now, recently, these are tributary floods, as you pointed out, which 

is runoff problems. 

So, it’s a different circumstance when one thinks of the historic 

vulnerability of Ellicott City to flooding. It just points out one more 

time the need for structural considerations here, that we are dealing with a watershed problem, not so much the general flood vulnerability that Ellicott City experienced in the past. Is that fairly 

accurate? 

Mr. DELUCA. I would agree with that. I think that my memory 

is relatively short, but my memory is of Agnes, and even after that, 

our concern was always the Patapsco rising because there’s no way 

for Liberty Dam up the road to actually release water. It has to 

crest. 

So we’re always constantly monitoring the upstream flow to see 

if we will get water or where that peak water is going to be, when 

it will hit Ellicott City, and to kind of guess how high up Main 

Street it’ll go. 

48 

These are different. The tributary flooding is different. It’s 

caused more from I’d say a changing weather pattern that’s dumping much more water right over this watershed. Like I said, it’s a 

very small watershed. We wouldn’t—it’s a sub-watershed. It’s a 

part of a much larger watershed. But it’s—these three tributaries 

all drain to the same place. And so we’ve had some complicated 

storms that have come through. 

And I mentioned that there were three storms that came 

through: 2011, 1916, and 1918. But 2011 was Tropical Storm Lee, 

and that had a very unique rain pattern. It’s like a train of storms 

that just—the storms follow one another over the same area, but 

they’re constantly moving. 

These back building storms, the way they’ve been explained, and 

I’m probably oversimplifying, but they—it’s like they hit a wall. 

Like a thunderstorm is moving—a line of thunderstorms are going 

through the region, but in a back building storm, it’s almost like 

it stalls, and it starts to build up behind itself again so that it— 

so all the energy is going behind it, and we get this intense rainstorm over a very, very small area. 

Senator CARDIN. Thank you. 

Mr. WEINSTEIN. If I can add something as well because this is 

something that Colonel Litz brought up. We have areas within the 

watershed that were developed 50, 60 years ago and without any 

modern or even any stormwater management. The Army Corps has 

offered to do maybe another study. They require your support to 

do that. 

We’ve done a lot of studies in terms of major projects that we can 

undertake. We’ve got a great inventory of projects we’re working 

through now. But we can use some help in looking at a comprehensive strategic look at existing neighborhoods where there is little 

or no stormwater management or how can we effectively manage 

the storms. Because, in addition, they’re at the higher elevations 

in the watershed as well. They’re sort at the headwaters. And Mr. 

DeLuca and I had a meeting with constituents in that area just a 

few weeks ago trying to talk through that particular issue with 

them. 

Senator CARDIN. And you had some legislation, or I believe you 

do, that basically says let’s back up a little bit on what we do to 

make sure we’re not doing more harm. 

Mr. WEINSTEIN. Sure. Right. 

Senator CARDIN. If you’d just explain that briefly? 

Mr. WEINSTEIN. Sure, yes. We passed just at the end of last 

month a moratorium on any construction in both the Tiber Watershed and the Plumtree Watershed. So, again, it’s part of the bigger 

watershed, but two areas which have expressly experienced devastating flooding that has either caused loss of life or threatened 

loss of life particularly in those two areas. 

So that’s a 12-month moratorium, and for the most part, there’s 

no construction unless you’re rebuilding from the damage of a flood 

or some other disaster. 

Senator CARDIN. Dr. Fleming, you mentioned about the private 

conveyance properties that no longer are going to be utilized. And 

that’s one of the reasons why I think we need more information. 

Because when you’re looking at some of these more expensive opVerDate Aug 31 2005 06:36 Nov 06, 2018 Jkt 000000 PO 00000 Frm 00052 Fmt 6633 Sfmt 6633 S:\_EPW\DOCS\32416.TXT SONYA
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tions on structural changes, it appears to me that there’s a willingness from the local community and from the county government to 

look at those options, but do you really have enough information 

to make this cost effective and provide a more permanent watershed solution? 

Mr. FLEMING. Yes, so I certainly would like to start out by saying 

that I’m not a hydrologist. That is not my field of expertise. So 

what I’ve been trying to do is convey what we’ve heard from our 

constituents. And I think that there is a sense that we may need 

to recognize that some significant changes may be required to deal 

with, as we’ve heard earlier today. 

We need to maintain the historic nature of this town. That’s 

what draws all of us to it. It’s what makes it such an amazing 

place. But there may need to be radical changes. I, nor the ECP, 

we are not qualified to say ‘‘We should do X or not Y,’’ but we’re 

hearing from our constituents that it’s time to face facts that we 

may need to take drastic measures. 

Senator CARDIN. Senator Van Hollen. 

Senator VAN HOLLEN. Thank you, Senator Cardin. 

Thank all of you for your testimony and your commitment to 

making sure Ellicott City has as bright a future as it has had a 

past and look forward to working with you. 

I’m trying to get my arms around what we know based on the 

studies that have been done, and then, obviously, we’ve got to all 

figure out how to pay for it, right? And I do believe, as my colleagues do, that the Federal Government needs to play a very important role in that. 

But as I understand the testimony—this is why I asked Colonel 

Litz if he’d reviewed it—the most recent sort of assessment was the 

Hydrology and Hydraulic Study that we’ve been talking about, 

which referenced, I believe, 18 projects. Is that what you said? I’m 

sort of asking those who are most closely following this. Eighteen 

projects? 

Mr. DELUCA. That’s correct. 

Senator VAN HOLLEN. OK. And the price tag for that is $80 million; is that right? 

Mr. DELUCA. Yes, approximately $80 million. 

Senator VAN HOLLEN. OK. And is that what we’re estimating the 

overall cost of the long term infrastructure improvements to be at 

this time? Is that sort of a global figure? Or are there additional 

costs that—other sort of initiatives that you’re looking at? 

Mr. DELUCA. There are other initiatives that are very specific 

that we’ve added onto the original H&H study. We’re constantly 

updating the study and providing additional modeling. And we do 

have other projects that we think will help reduce or mitigate 

flooding in specific areas more effectively, especially in the lower 

part of Main Street or what I would call the mid-part of Main 

Street as well. 

And we could share those. We could—right now, that’s supplemental information. It’s not part of the 2016. It is available, and 

we can make sure that they’re included when—if the Corps would 

like to review those as well. 

But yes, I’d say that as far as the dollar amount, $80 million is 

the all around number that we’ve been using. 

50 

Senator VAN HOLLEN. OK. And as part of sort of piecing together 

the financing of that, I know you’ve moved forward at least on four 

projects, right, in the design and engineering stage; is that right? 

Mr. DELUCA. That’s correct. 

Senator VAN HOLLEN. OK. And for those, are those budgeted already within the Howard County Government budget? 

Mr. DELUCA. The design—— 

Senator VAN HOLLEN. The design. 

Mr. DELUCA [continuing]. Or evaluation is budgeted. Two of the 

projects, construction dollars are available, and two of the projects, 

not yet. 

Senator VAN HOLLEN. OK. So I just—we obviously should all 

keep in regular communication and put forward what we think is 

a realistic financing plan, figure out how much the county can reasonably invest, what the State’s role is—obviously, the State’s been 

very engaged—and then the Federal role. 

So, I think there is—as I see it from the Federal perspective, 

there are two big pieces of this. One is, what is the Federal role 

in the planning and financing of the major infrastructure changes? 

And then, second, as Senator Cardin and Congressman Cummings have been talking about, making sure Federal agencies are 

responsive to trying to meet the immediate needs of a lot of the 

business owners, and to the extent relevant, also homeowners in 

terms of the SBA, in terms of the—I know there are a number of 

SBA grants that are pending since the most recent flood. I don’t 

know if any of you can give us an update on the status because we 

want to make sure that we’re—and I have been trying to constantly push SBA to make sure that they do everything they can 

do as quickly as possible. 

Mr. DELUCA. So, I think that a better accounting—we can provide a better accounting to make sure that everything—that we’re 

covering everything—every line item. 

Right now I think one of the issues that we’re having is we just 

had this event. It was at the end of a budget, and we’re in the position of having to forward fund even the FEMA reimbursable 

projects. And so we’re putting out 100 percent of the cost of the restoration projects, and then we have to wait for the FEMA reimbursement, and that time lag puts a financial strain on the county 

as well. 

So there are a lot of things at play, and there are creative ways 

that we have to put money and cobble funds together in order to 

get the contractors to do the restoration work. 

And I just bring this—I just point this out as one example of 

many budgetary line items that we’re having to deal with right 

now that are straining the resources of the county. 

Senator VAN HOLLEN. I appreciate that. I mean the FEMA commitment to date has been—it’s been over a million dollars, but 

you’re saying that funding has been committed but not—the moneys have not yet been provided; is that right? 

Mr. DELUCA. Right. Correct. 

Mr. WEINSTEIN. For the most recent flood, and there are still outstanding reimbursement funds from the 2016 flood. And so I’ve 

talked with jurisdictions in Colorado that have gone through that, 

and it’s years and years before they get the final—I understand 

51 

there are pieces to that puzzle, but it’s important that it comes as 

quickly as possible, if not—half up front would be nice. 

Senator VAN HOLLEN. Yep, I hear you. OK. Thank you, thank 

you. 

Senator CARDIN. Congressman Cummings. 

Representative CUMMINGS. Just trying to figure something out 

here. Mr. Weinstein, you said that there are solutions—we would 

be better off with the more modernized solutions as opposed to 

doing things the same old way. 

Mr. WEINSTEIN. Right. 

Representative CUMMINGS. How does that play into all of this? 

I’m just curious. I assume that those solutions are more expensive 

most of the time. 

Mr. WEINSTEIN. Yes. On the whole, I would imagine they are, but 

speaking more globally, there are probably places where a new solution is a cheaper solution, right, as well. 

We were talking about one where the original—the design for the 

project was a pipe, but as we look at other projects that we would 

add to the inventory of projects we’d execute, a less expensive 

bridge might be better. But again, we have to make the decision 

if, in going that route, do we then lose the Federal funding that 

would pay for some or all of that project? 

So if that comes out of the equation, and all we’re dealing with 

is what funding can be given to us to do the best thing for this specific geography and geology—I mean, Mark has explained; we’ve 

got weird storms going on in Ellicott City, and we can talk about 

all sorts of thunder, lightning, snowstorms that we’ve had as well. 

It’s dumped a bunch of snow on us, nowhere else in the county. 

But that’s a key thing. And I even think about it in terms of the 

Superfund Program, right? We have an area that is extremely sensitive to flooding that we can address if there was a commitment 

of a specific amount of dollars that we knew was coming and we 

can work with, then to leverage that money to borrow some money, 

to work with the private industry to create the P3 projects which 

the Federal Government is encouraging in some ways. 

So there are ways to do it, but I think we need to start thinking 

about different ways. We have different weather patterns. We have 

different ways to address those things. We now have to find different ways to fund them as well. 

Representative CUMMINGS. Mr. DeLuca, Barbara Mikulski said 

something to me when I first came to Congress, and I’ll never forget it. She said, ‘‘When constituents come to you, make sure you 

do not promise results but promise best efforts, that you’ll give it 

your best.’’ 

And I don’t want people going out of here with—I want them to 

have a real sense of—and I think both Senator Cardin and Senator 

Van Hollen have said this. 

I guess I’m trying to figure out what do you—what do we say to 

the people who are in this audience who are really trying to make 

some tough decisions? I mean tough decisions. These are destinytype decisions. And we know what we have here. We have a delegation, right, fighting hard. Everybody’s fighting hard. And what are 

you all saying to them, Mr. DeLuca? I’m just curious. 

Mr. DELUCA. Well—— 

52 

Representative CUMMINGS. I’m sure you get that question often. 

Mr. DELUCA. Yes. 

Representative CUMMINGS. In other words, what I—— 

Mr. DELUCA. Maybe not often enough. 

Representative CUMMINGS. OK. I’m just curious. And I’m not trying to put you on the spot. I’m trying to get—be practical here because these folks are making decisions that, like I said, are destiny 

altering. But go ahead. 

Mr. DELUCA. Well, like I said in the testimony here, that even 

with these 18 projects, when we looked at what difference the 

water elevations were, it was modest. And so, in a model, if you’re 

getting in some areas it looks like it’s dry, but in other areas we 

didn’t get the same kind of results. 

So when you’re looking in the residential community, and it looks 

like it’s a 6-inch drop in water elevation, anyone that’s worked in 

modeling might say, ‘‘Well, that really didn’t move the needle 

enough.’’ So, 6 inches, if that’s put out, well, you get a reduction 

of 6 inches. That’s below my basement window; my place doesn’t 

flood anymore. 

But that’s not necessarily true because the model is only as good 

as the information that’s put in, and it’s just a tool, right? So we’re 

looking for major drops in water. 

And so there are some areas—and I also said that there was less 

of an impact on the lower part of Main Street and the lower part 

of Tiber, and that’s always been the case. To bring that 8 feet of 

water down, really, you have to do very dramatic retention, and 

there just aren’t those opportunities in the watershed to make 

these gigantic levies or dams. I mean you’re only going to be able 

to hold back so much. 

So, in the upper watershed, you have some areas; if we were to 

do these projects, some areas would dry up a little. Maybe we could 

get 4 feet of water down to 2 feet of water. But a car could still 

move in 2 feet of water, but it would be much less damaging. 

And then, on lower Main Street, if we implemented some of the 

plans that we kind of put forth, maybe we could go from 8 feet 

down to 8 feet, and 8 feet’s a lot more manageable with flood proofing and some of the other techniques that have to go hand in hand 

with these structural solutions to—and also the warning system. It 

goes a much longer way. 

So we’re not saying we can—there’s no silver bullet, and we’re 

not promising that. I know that everyone would love to see that. 

I would love to see it, too. But the models haven’t indicated that 

we’re going—that a 100-year storm or a 1,000-year storm or—I 

tend not to talk about the 1,000-year storm or the 100-year storm. 

I like to talk about how many inches per hour that we’re getting. 

But if we get 3 inches per hour or 6 inches in over 2 hours, that 

we’d be able to reduce the water levels where we didn’t have 8 feet 

of water going down Main Street. Maybe we only have half that 

amount. And that’s much easier to, like I said, flood proof, much 

easier to control that. 

I think that some of the other areas we need to look into, as was 

mentioned here, is the advanced warning system. We are working 

with Department of Homeland Security on a grant where they’ve 

done their proof of concept with some contractors. We have some 

53 

systems that we’re deploying now, 33 sensors throughout the watershed, so that we can better map out exactly what happens in the 

watershed and what kind of alert system we could actually put together. 

We’ve also talked about plans—I know our emergency operations 

people have talked about plans of how to evacuate. 

So it’s all these things all together. It’s not going to just be these 

structural solutions. Eighty million dollars could drop out of the 

sky, and we would still have a threat of flooding in Ellicott City. 

Representative CUMMINGS. Thank you very much. 

I see my time is up. 

Senator CARDIN. Well, I think my colleagues have raised very interesting questions, and your answers have been very, very helpful. 

The bottom line, of course, each person must make their own decision. And some know that they can’t risk their families to live in 

the area, and they had to move. It’s happened. Certain businesses 

don’t have the resources, and the risk factors are just too great, 

and they can’t rebuild. 

Some people saw their life flash in front of them during this most 

recent storm when they were rescued, didn’t know if they were 

going to be rescued or not, didn’t know whether they would survive 

the storm. So that’s an experience that is life changing. And so you 

each—understand each person’s going to have to make their own 

judgment as to their future. 

What we’re committed to, and I think Congressman Cummings 

said it best, we’re going to do everything humanly possible to preserve Ellicott City. It is a treasure. It’s a treasure for our country, 

this Main Street historic community. And the character of it is determined by the people that live and work there. These aren’t chain 

stores. These are people from our community. And we’re going to 

do everything we possibly can to preserve that. 

And yes, the easier decisions to implement are the ones that deal 

with the waterproofing of your homes. And your 18 proposals, 

which are major changes, as you point out, won’t protect against 

something that happened in May because it’s not just the water 

level, it’s the flow, which is something that we’re not used to. As 

I said, historically, we saw the water flow—the rise of water and 

that was the risk factor, but now it’s the flow of the water and the 

strength of that flow, what it does to buildings, what it does to 

cars, what it does to people. 

So that’s what we need to understand, and that’s why I come 

back, as I see it, in looking at the watershed. I, quite frankly, think 

we don’t have enough information yet. I think we do need to get 

a further understanding of the watershed because it’s beyond 

just—I appreciate it’s a small watershed, but it still requires us to 

have a better understanding how to divert and how to widen and 

how to impact flow so that the risk factors are better understood 

and can be mitigated. 

And I can tell you, as both Senator Van Hollen and Congressman 

Cummings have said, we’re going to do everything we can to get 

that information to implement as many of these policies as we can 

and to do as much transparency as possible. 

One of the things I really appreciate about the leadership in this 

county is that it’s been a very transparent process. We share the 

54 

information with you. We try to be as open as possible and as realistic as possible so that you can make your own decisions, but more 

importantly, we can get the community to come together on a plan. 

And we’re committed to making sure that continues. 

The Federal partnership is part of it. It’s a lot more than that, 

as you know, the local efforts, the State efforts, the private sector 

efforts. But we do believe the Federal Government has a very important role to play. 

So we will take back the information that we’ve gotten from this 

hearing to see whether we can strengthen the Federal Government’s partnership to preserve the future of this historic community. 

The record will remain open for 2 weeks, til September the 3rd, 

for additional comments that may be submitted or additional information that we may request. 

But I thank everyone, our panelists, and I thank the people that 

are in this room. And as we said earlier, we admire greatly your 

courage, and we thank you for what you’ve been able to do to preserve Historic Ellicott City. 

Thank you all very much. The meeting stands adjourned. 

[Applause.] 

[Whereupon, at 3:02 p.m. the hearing was adjourned.] 

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