Loading...
ST8702-CS 871020· Federal Emergency Management Agency Washington, D.C. 20472 OCT 20 1987 Mr. H. Wayne Ginn P. E. ' City Engineer P.O. Box 478 Coppell, Texas 75019 1~: Your. Septemeber 23, 1987 letter to Ms. Maryetta Cunningham of FEMA Dear Mr. Ginn: This is in response to ~he above-men~ioned letter request/ng that the Federal Emergency Managemen~ Agency (FEMA) determine the effects of a proposed flood plain modifica~/on in the following community: City of Coppell, Texas (Projects: Proposed Denton Tap Road Brid§e replacement and floodplain reclamation.) FZMA has ini~-tated a reimbursement procedure ~o allow for the recovery of ¢08~.s associated wi~h the review of such request, s, l:AmFeby reducing the expenses ~o the general ~axpayer. Enclosed for your informa=Lon is the final z%1A.e, as published in the Federal Re~ister on September 4, 1985, by vhich ~:~licy was :Lmplemenced. We axe currency rev~ewing your reques~ ~uckage ~o de~er~Lne the appropriate procesain~ procedure. Uhan ~s in~al ~ev~ew is conple~ed, we w~ll inform Fou of any fee or add~.tonal ~forma'..ton ~c nay be requ/red ~o con'.-tnue the ~roceslinq of your Should you have any ques~.%ons concerninq ~his ~at=er, please con,act members of our Headquar~erm s~aff in Wash/rig,:m, D.C., at (202) 646-2767' Sincerely, ~f, Risk S~udies Division Federal Insurance Admin~mCra~Lon cc: Mr. Carl V. Anderson, ?..E., ?AWA-Wink~m~nn & AssocinCes, Tnt. Hs. Shohre Daneshnmnd, City o[ Coppell ~ Wednesday ~, ,, ,, , ,, September 4, 1955 ~ · ~ Part V ' ' Federal Emergency ' ' , , ='Management AgencY ' and 75 a National Flood Insurance Program; Final Rule Federal Roaster !Voi. M. No. 171 ! Wedrmsday. September ~ 1085 ! Rules and R~gulationa 360~1 conditional LOMA or conditionnl LOMR request vary in proportion to the number . of submittals required of an appellant to accurately show the effects of his proposed project, as well as with the t~pe of project involved. An incomplete ~ submittaL or om, with siSnificant problems in the technical analyses, takes sis~ficandy lan·er to process since it must be reviewed, an additional · data request letter prepared and sent. and the new submit~l re*reviewed. 1~hile edilflnbtrative processin~ time ~ varies between conditional LOMA~ and conditional LOMI~. it does not differ significantly within each catsSory of Fe~s for Cooditionsl Approval or Map project. It was also date .m~ined that for each category of project, there are Chases certain minimum review and procesain~ FEMA receives a l&rse number ot elements common to all requests. These requests t~ review proposed projects to ininimum review and processin~ costs determine if they would qualL~ for map were used to develop the initial fees for amendments and revisions upon their the vL-~ous projects. completion. Such proposed projects The conditional LO!~s were first include flood plan fills, stream cetesorized by the t~pe of project. Each charmelLzationL levee construction* or' catesory was then examined and other flood control projects. Thio service minimum review and proc·ssi·8 times has led to the issuance of conditional were determined for an·in·erin8 review, Letters of Map Amendment ~I, OMAo) eh·in·erin8 administration, word and conditional Letters of Map Revision proc·ssi·8 and quality controL This [LOMRs] that provide ~ assurance 'basic proc·ssi·8 common to each type to inilividuels, doveloper~ and of' Project was then converted to a dollar communities that sheLF projects would amount usaa8 direct labor rates, be accepted for map revision upon overhead, and fee, wi~ich ~ pays completion. The conditional LOMA and for each services. , conditional LOMR are often needed by The determination of. review and developers to obtain construction loans processin~ time for conditional LOMAs , and bufldin~ permits and attract was simplified in that there iea distinct prospective buyers. It should be noted difference between single-lot &nil multi- , that conditional LOMAs and LOMRo are lot/subdivision requests. Achninistrative not based on any limitations or precessin8 was the same for each. but · deficiencies in the ~ maps; rusher the,/have come about in response to ·nfS·eerie8 review time for multi*lot/ - requests from individuals, developers, subdivision requests was approximately and communities for FEMA review and double that for si·sis-tot detsr,,,tnstions comment on proposed projects. Thus, to The re·se of proc·asahi times for each ~ of LOMA was also narrower. The reduce expenses to the 8onoral taxpayer, FEMA developed the minimum times determined for each reimbursement procedure set forth in the type were then co·veiled to a dollar amount aa described above.  'oposed rule to allow for the'recovery The proposed nde was erroneously costs associated with these actions, interpreted by several co,,,mentators to Under the procedure, an initial fee. the mnount determined .bi' the type of . mean that ~ will require project, will be required to those seekln~ reimbursement for gl LOMAs and · conditional. Lo]viA or conditional LOMRS. The fee applies only to _ conditional LOMAs and conditional : LOI~ before &ny review commences. The initial be represents the ,ni,~ireum LOMRo that are requested based on a · cost required to review that type of proposed flood plain modifi~tion ~at project. FEMA will then determine the could affect established floss mappu~. ' actual coat associated with the review Map appeals based on conditions or a particular project and the .r.uquastor exlsti~ at the time of the appeal will will be billed for any additional costs continue to be reviewed at no cost to the incurred. In this way ~ proposes to appellant. recover the entire cost associated with bveral comment·total addressed the the review and processi~ Of conditional' "open*ended·ess'* of both the fees and LOId,ad and conditional LOMI~. the time frame for review and FEMA determined that the costs processtr~ of a particular reque~s~.sT~This associated with the technical review Enal nde establishes a fee cap o ~ and administrative proc·ssi·8 of a for conditional LOMAJ and SI~O for 36022 F~lerai Re~istar / VoL S0. I%o. 3. ~; Wed~es4sy. ~,,ptember L ~ / R~ ~ and conditional ~ ~at ~ ~t b f~ ~e v~ ~ ~~ ~ ~eded ~out ~t~ 8u~~ ~v~ ~ ~ ~u~ ~ ~ ~om ~e ~questor. ~equ~t~ ~ b b~ ~ overbea~ ~d f~ ~ notified ~ ~t~ w~ ~ b ~fi~ ~ paya f~ ~ ~ ~p. ~ss~s would ~ susp~d ~n~m ~t ~ ~ ~ hvo b pendi~ ~ipt by ~ ~ ~tU ogect of ~~ ~v~o~ au~o~za~on to ~ S~. ~ b~ ~ ~e ~ ~q~men~ It b ~ final ~e es~blishes ~ ~a~ ~ a ~e ~tut ~ ~ ~ to ~ a~q~ of ~e ~ ~b~tted ~ ~p~po~ ~jec~ ~ Mm. hm suppo~ of a ~uest ~d f~ ~eut ~ ~qmto~ n~ ~ ~t ~ T~ ~u de~t ~ ~e ~m ~u~en~ and ~y ~ severe1 d~ent& enti~ ~'~f ~e ~ne~ ~peyer b ~t ~ F~ request for a ~ ~ fl~ay ~e ~ ~ ~b ~ f~ ~si~ ~ map ~sio~ Wi~ b ~es ~ ~ to has f~ exception ~'u.b~t'pl~ of 8 ~ ~ ~ ~ew ~ ~ ~mplet~ p~je~t. ~e data p~ ~ of A~ l& I~ ~u~m~U for con~U~ ~ 1. ~ ~1 ~a~fies ~at ~ b M and ~ ~d a~ ~en~m rH ~q~ent f~ ~ ~ ~ not ~sible to list deteil~ ~ss~ ph~ ~~ ~qu~men~ For each ~ of ~j~ b ~ b~on ~4 ~ b ~p ~ h · e~ d~ents ~e to ~e ~e ~ed ~ estab~ n fee cap b ~staHaflon& ~ doff bt~d M ~ ~t w~d not b sx~e~d exp~d its 8ene~ sub~ ~t ~tt~ 8u~fi~ ~ b ~ ~ Final Ye~ 1~ m~ M adam ~ ~ ~ ~ apply to ~ F~L ~tL ~! . ~m b f~ ~ ~ h ~ l . to ~nefit ~e 8~ ~ A a~ve ~at th~, ~ ~ ~ to ~ F.~ I~ ~ ~ deve/opm~t ~ fl~ ~as ~ dev~o~ek ~~t ~ S~t ~ ~ ~ ~ de~ni~ paint Ms.risible. ~ ~e ~d b available f~ ~ ~ ~ ~ ~ ~ ~ will biK ~' .n~ ~at p~m b ~ ~ ~ at b R~u ~ ~ ~M~t~or~e~ue~~ ~e~.~CSm~W~ ' ~'~~~ '~uld not h b~ ~ply ~m ~ ~ ~ h~pt~ B b ~ as we~ b ~ ~t~ b Two ~enttto~ ~e~ ~e ~t ~ l s~lot con~on~ ~ wu ~ : tees ~ 8ene~ ~ ~v~ ~ e~eady expla~ ~e ~m ~ dete~ ~ ~ ~sh or h 38028 Federal Re~ister / VoL 50, No./"'~'~ ! Wednesday, September 4, 198~ / ~ and ke~vlations PJd~IT ?2-.-4)ROCEDURE AND FEES FOR OBTAINING CONDITIONAL APPROVAL OF MAP CHANGES ~ D~Uom. YL4 Submttal/paymeat Im)c~luN~ Y'LS Exempttm~. 72J Ua/avomble ~ AmJw~F. Sl U.S.C. ~ 42 U.&C. ~ it 'l'ae p,aTo# ~ t}~ pail I~ te l~ld~ adm~grat~ve ead co~t ~flae~es m n~ 8ubj~ to ~ M~b~ement ~~ ~ p~ ~ de~o~ ~t ro~ ~ 50 of this subchopter are applicable to conditional LOMR. the requestor will be ' ! 7~.a On~evorat~ response. this part. billed at the prevailing private sector A conditional LOMA or conditional [bi For the purpose of this part. a labor rate.(currently $25.00 per hour] for LOMR may be denied or may contain Conditional Letter of Map Amendment any actual coats exceeding the imtial fee (conditional LOMA] is FEMA's comment incurred duri~ the review, specific comments, concerns, or m a proposed project to be located in [1) Requestors of conditional LOMAs conditions regardL~ a proposed project ~ or design and its impacts on flood and a~ectirt~ only that portion of the will be notified of the anticipated total area of special flood hazard outside the cost if' the total cost of procesain~ their hazards in a community. A requestor fs re~latory floodway and havL,~ no request wtfl exceed S500. not entitled to any refund if the letter fmpact on the existing regulatory (2) Requestors of conditional LOMRs contains such comment~ concerns, or floodway or effective base flood will be notified of the anticipated total oonditior~ or i~ the letter is denied. A elevations. . cost if the total coat of procsssin~ theirrequeetor fa not anti'tied to any refund if ~ (c] For the purpose of ~his l~art* a request will exceed Sl.~_w0_~ the requeetor is unable to obtain Conditional Letter of Map Revision [3] In the event that processfng 'costs required authorizations, permits. · (conditional LOMR] will be FEIVlA'a exceed the limits defined in (c](1) and ,fins·cia& etc.., for which the letter was comment on a proposed'project that (2) of this section, processing of the sought* would aff~*t the hydrologic m~t~or requ. est will be suspended pending ! 27,.7 Iqesidmmta~ hydraulic characte~atics of a floodir~ ~ receipt of written approval from source and thus result in the the requeator to proceed. Any resubmittal of · request more modification of the existin8 res, ulatory (dj The entity that applies to FE~La. than 90 days after ~ notification floodway or effective base flood through the local community for review that a request bas been denied or after a elevations, will be billed for the cost of the review,review has been terminated due to The local community incurs no financial in~uf'ficient information or other reasons I ~;..1 bm~af ~ee octuddo, obliaation under the reimbursement will be treoted aa an original submission (a) For conditional Letters of Map procedure set forth in this part es a and subject to all submittal/payment Amendment, the initial fee shall be paid' result of U'an~mittinf the submittal to procedures aa described in J 72.4, by the requestor in the f'oOowin~ FEMA. including the initial fee. The procedure amounts:. (e) Payment of'both the Initial fee and of ! ~..4 includin8 the initial fee, will (~) SiflSle-lo* _ ~ final coat shall be by check or money also apply if the project has been (=l MulU-lot/subdivisto- J't~$ order payable to the United States significantly altered in design or scope [b) For conditional Letters of' Map Treasury and must be received by ' other than that necessary to respond to Revision, the ir~itial fee shall be paid by FEVtA before the conditional lC)MA or previously issued comments, concerns, the requestor in the followin8 amounts: conditional LO]~I~ will be issued, or conditions'by ~ (1) New bridae or cu]vefl (us (f'] For conditional LOMA requests, (2) Channel modifications only ..~ moo (1) Notif~ the requestor witJ~n 30 days ' (Si Channel modiflcatfon and new aa to the adequacy of the submittal, and .. brtdaeorculver~. ~ , {2) Within 3O days of receipt of {4l Levees, berm& or other structural adequate information, provide comment . -.,...-· to , ,F ues .o_, on th, propo,,d prof. . (c) For projects Involvinf tgi or conditional LOI%~R requests, combinations o~ the above actions FEMA shall: which am not separately identified, the (1] Notify the requestor within 00 days initial fee shall be that char~ed for the ' as to the adequac~ of the submittal and most expensive of the actions {2] Witl~ g0 days of receipt OF . compriain8 the combination, adequate information, provide comment ! 7'].,0 S. tmmuf/peymeflt peaced,es and to the requestor on the proposed project. (a} Initial fees shah be submitted with Federal, state, and local ~overoments the request for FEMA reView and and their agencies shall be exempt from proc·ssi·8 of conditional LOMAs and tess for projects they sponsor if the conditional LOMR& requestor certifies that the particular [b) Initial fees must be recefved by project fe for public benefit and ~ before the review can be initiated primarily intended for flood lan for any conditional LOMA or reduction to exfatin8 development In ' conditional LOMR request, identified flood bazard areas, as , lc) Following completion of ~ opposed to planned flood plain review for any conditional LOMA or development.