Big Cedar-CS 911118 (2) ' .. FILE COPY
Federal Emergency Management !
Washington, D.C. 20472 //~tJ?~ff
The Honorable Mark Wolfe Case No.: '~ ~
Mayor of the City of Coppell Community: City of Coppel~
P.O. Box 478 Dallas and Denton
Coppell, Texas 75019 Counties, Texas
Community No.: 480170
Dear Mayor Wolfe:
This is in reference to a September 9, 1991, letter from Ms. M. Shohre
Daneshmand, P.E., Acting Coppell City Engineer, requesting that the Federal
Emergency Managememt Agency (FEM,) issue a conditional Letter of Map Revision
(LOMR) for a proposed fill project adjacent to Tributary G-1 of Grapevine
Greek. The proposed project involves the placement of fill in the north
overbank of Tributary G-1 of Grapevine Creek from approximately 685 feet
upstream of Bethel School Road to approximately 1,800 feet upstream of Bethel
School Road. The fill is to be located within the floodway fringe, except in
the area approximately 1,500 feet upstream of Bethel School Road, where the
fill will encroach upon the floodway by approximately 10 feet.
In support of her request, Goodwin & Marshall, Inc., submitted an August 1991
report it prepared, entitled Floodplain Analysis fpr a Portion of Tributary
G-1 of Grapevine Creek, City of Coppell, Dallas County, Texas. This report
contained the following data:
a written description of the proposed project and engineering
methodology;
HEC-1 hydrologic models for the 10-, 50-, 100-, and 500-year
floods for Tributary G-1 of Grapevine Creek watershed representing
existing conditions, dated June 1991;
HEC-2 hydraulic backwater models for the 10-, 50-, 100-, and 500-
year floods and floodway for Tributary G-1 of Grapevine Creek
representing existing and proposed conditions, dated August 1991;
plotted cross sections and water-surface profiles for Tributary
G-1 of Grapevine Creek through the project area;
a topographic map delineating the watershed of Tributary G-1 of
Grapevine Creek; and
topographic maps depicting 100- and 500-year floodplains and
floodway for Tributary G-1 of Grapevine Creek, representing
existing and proposed conditions.
2
In response to several telephone conversations with our technical evaluation
contractor, Mr. D. Matthew Goodwin, P.E., of Goodwtn and Marshall, Inc.,
submitted several additional items supporting this conditional LOMR request.
These items include the following data:
A completed "Certification of Fill Compaction" form, dated
October 10, 1991, to address the requirements of Subparagraph
65.5(a)(6) of the National Flood Insurance Program (NFIP) regula-
tions, and an October 11, 1991, letter stating that stone riprap
is not warranted for the fill slopes exposed to moving
floodwaters. The letter further states that the developer of this
project is forming a homeowners' association, which will be
responsible for periodic inspection of the fill slopes and, if
failures are determined, for restoration of the fill slopes to
their original condition.
An October 14, 1991, letter stating that all elevations in the
submitted technical data are referenced to the National Geodetic
Vertical Datum of 1929.
An October 14, 1991, letter stating that the developer of this
project is the current owner of both sides of Tributary G-1 of
Grapevine Creek through HEC-2 station 3125.
Ail data necessary to complete this conditional LOMR request were received by
October 14, 1991. Fees necessary to process this case (a total of $663.00)
have been received.
Currently, we are preparing a preliminary revised Flood Insurance Study (FIS)
and Flood Insurance Rate Map (FIRM) for the City of Coppell to reflect a
comprehensive restudy of all streams, prepared by Kimley-Horn Associates,
Inc., and MorrisonHydrology/Engineering, Inc. As part of the restudy,
Tributary G-1 of Grapevine Creek is shown as an approximate 100-year flood-
plain. We have reviewed the HEC-1 and HEC-2 models for Tributary G-1 of
Grapevine Creek representing existing conditions contained in the submitted
report and fou~nd that this information accurately depicts existing conditions
for Tributary G-1 of Grapevine Creek. Thus, this information (including
changed floodplain boundaries and established flood elevations) will be
incorporated into the preliminary revised FIS and FIRM, which will be sent to
your community in November 1991. Your community should reasonably use the
existing conditions models as best available data for floodplain management
purposes in accordance with NFIP regulations Subparagraph 60.3(b)(4).
We have reviewed the submitted technical information and determined that the
proposed project meets the minimum floodplain management criteria of the NFIP.
If this project is completed as proposed, a revision to the flood hazard
information for Tributary G-1 of Grapevine Creek to be shown of the pre-
liminary revised FIRM would be warranted. This revision would depict reduced
100- and 500-year floodplains on the north bank through the project area, as
well as both increases and decreases in the lO0-year water-surface elevations.
The increases would range from 0.01 to 0.56 foot and would be located only on
the developer's property. As stated in the submitted report, no existing
structures are located in the existing or proposed lO0-year floodplain.
This determination is based on the lO0-year flood discharges computed in the
submitted report, and does not consider subsequent changes in watershed
characteristics that would tend to increase flood discharges. The development
of this project and other projects upstream could result in increased flood
discharges, which, in turn, could result in increased 100-year flood eleva-
tions. Future restudies of your community's flood hazards would take into
account the cumulative effects of development on flood discharges and could,
therefore, establish higher 100-year flood elevations in this area.
This conditional LOMR is based on minimum floodplain management criteria
established under the NFIP. Your community is responsible for approving all
proposed floodplain development, including the project upon which this request
is based, and for ensuring that permits required by Federal or State law have
been received. State and community officials, based on knowledge of local
conditions and in the interest of safety, may set higher standards for
construction or may limit development in floodplain areas. If the State of
Texas or the City of Coppell has adopted more restrictive or comprehensive
floodplain management criteria, those criteria take precedence over the
minimum NFIP requirements.
Once this project is complete, your community should request a revision to the
FIS and FIRM. This revision request must include the following data:
Evidence of compliance with NFIP regulations Paragraph 65.4(b),
which states that "all requests for changes to effective maps must
be made in writing by the community's Chief Executive Officer
(CEO) or an official designated by the CEO. Should the CEO refuse
to submit such a request on behalf of another party, FEMA will
agree to review it only if written evidence is provided indicating
the CEO or designee has been requested to do so."
Revised hydraulic analyses and floodplain mapping, if the "as-
built" condition differs from the proposed condition.
"As-built" certification by a registered professional engineer
that the fill associated with this project has been placed in
compliance with Subparagraph 65.5(a)(6) of the NFIP regulations.
"As-built" plans of the fill project certified by a registered
professional engineer.
Upon receipt of items 1 through 4 above, a revision to the City of Coppell FIS
and FIRM will be initiated. If we are still processing the preliminary
revised FIS and FIRM as discussed previously, we may be able to incorporate
4
the aforementioned changes into that revision. If our processing of the
current revision is complete, a separate revision will be initiated to reflect
the completed project.
We have enclosed a copy of Part 65 of the NFIP regulations, which further
describes the nature and extent of the material needed to support a request to
revise the FIS and FIRM. Compliance with the criteria outlined in this
document will expedite FEMA's review process, thus allowing the effective FIS
and FIRM for your community to be revised as appropriate, in a timely manner.
Should you have any questions regarding this matter, please do not hesitate to
contact the Chief, Natural and Technological Hazards Division of FEMA in
Denton, Texas, at (817) 898-5127 or Matthew B. Miller of our Headquarters
staff in Washington, D.C., at (202) 646-3461.
Sincerely,
William R. Locke
Chief, Risk Studies Division
Federal Insurance Administration
Enclosure
cc:
Ms. M. Shohre Daneshmand, P.E.
Mr. D. Matthew Goodwin, P.E.
Mr. Ronald W. Morrison, P.E., Morrison Hydrology/Engineering, Inc.
FEDERAL EMERGENCY MANAGEMENT AGENCY
Revised as of October 1, 1989 and 1990'
Nat i ona 1 F 1 ood I nsur ante
and Related Regulations
Program
*The chanEes effective in 1990 can be found on paEes 322A through
322C (App. A, Part 62); paEe 37~ (§72.3(a)(1) and (a)(2)),
(§72.3(b)(1) throuEh (b)(6)), (§72.~(c) introductory text); and
paEe 37~A (§72.~(c)(2) throuEh (c)(5)).
Federal Emergency Management Agency
(41 i~R 46986, Oct. 26, 1.9T6. l~edesignated
44 ~ 311~. ~ay 31. 19T9. ~d ~ended at
48 ~ 44552, ~ep~. 29. 1983; 49 ~ 4~51.
~. 8, 19841
g ~.6 List of eli~ble communiLi~.
The s~e of flood ~ur~ce
~ the Nation~ ~ood ~~ce ~o-
~m (42 U~.C. A00~-4128) ~ author-
~ed for the '~omm~ties set fo~h
~der thM section. ~e~o~
~der th~ p~ cont~ue ~ effect
re~e~
[Al ~ A698~. Oc= 25. 19~6]
~~ No~ For ref~enc~ ~
p~ sho~g 1~ of eH~ble comm~tl~.
see ~e ~t ~ C~ S~tto~ ~fec~ed
P~g ~ the ~ ~ s~tion of
VOl~.
PART 65wlDENTIFICATIOtq. AHD
MAPPING OF SPECIAL HAZARD
AREAS :
65.1 Purpoae of pa~ .
65~, DefiniMons.
65.3 Requirement to sub~n!~ new technical
65.4 . l~lght to suhw-it new technfcai data.
65.5 l~evision to special hazard area bound-
aries with no chan~e to base flood eleva-
tion determtn~tiona.
65.6 l~eviston o! base flood ciera:ton deter-
m irtg. t~O~
65.? lqood~y re~dslons.
65.8 Review of proposed projects.
65.9 Review a.nd response by the .Adr~,i~.
lm'ator.
65.10 l~g~.l~ping of a~eas protected by levee
system~
65.11 Evaluatlo~ of sand dunes ir. realizing
coastal flood 1,~?~rd areas.
65.1:2 Revision of flood insurance rate
maps t~ reflec~ base flood eleva~ions.
catised by proposed encroac~-~ents.
6~.13 I/st of comr-,Anitles submitting new
A~n~oan-r:. 42 U~.C. i001 e~ serf.; Reor,z~-
nlzat/on Plan 1~o. 3 of 1978; E.0. 1212'~.
§ 6S.1 Purpose of part
42 U~.C. 4104 authorizes the Direc-
tor to identify and publish informa-
tion with respect to all areas within
the United States having special flood.
mudslide a.e, mudflow) and flood-re-
lated erosion hazards. The purpose of
this part is to outline the steps a com-
munity needs to take in order to assist
the Agency's effort in providing up-to-
§ 65.3
date ldentilication and publication, in
the form of the maps described in Part
64, on special flood, mudslide (i.e.,
mudtlow) and flood-related erosion
hazards.
282?8. Jtw, e
§ 65.2 Definitions.
(a) F~xcept s.s other~-Lse provided in
this part, the definitions set forth in
Part 59 of this subchaDter are appLica-
ble to this part.
(b) For the purpose of this part, a
certification by a registered profes-
sional engineer or other party does not
constitute a warranty or guarantee of
peHorm~nce, expressed or implied.
Certification of data is a statement
that the data is accurate to the best of
the certifier's knowledge. Certification
of analyses Is a statement that the
analyses have been performed correct-
ly and in accordance With sound engi-
neerihg practices. CertificatiTn of
structural works is a statement that
the works are designed in accordance
with sound engineering practices to
provide protection from the base
flood. Certification of "as built" condi-
tions is a statement~-- tha~ the
structure(s) has been built according
to the plans being certified, is in place,
and is fully functioning.
[51 ~ 30313, Au~. 2~, 19881
§ $$.3 F, equirement to submit new techni-
cal da~a.
A community's base flood elevations
may increase or decrease resulting
from physical chs. nges affecting flood-
Lng conditions. As soon as practicable,
but not later t'han six months aiter
the date such information becomes
available, a community shall notify
the A~,~r~istrator of the changes by
submittin~ technical or scientific data
in ~ccordance with this part. Such z
submi-~ion is necessary so that upon
conlirmation of those physic~I
changes affecting flooding conditions,
risk premh,m rates and flood plain
management requirements will be
based upon current data.
[51 FR 3031~. Aug. 25, 19861
Feder=i Emergency'A.~l,tagement Agency
not settle below the elevation of the
base flood, and that the fill is ade-
quately protected from the forces of
erosion, scour, or differential settle-
ment as described below.
(i) Fill must be compacted to 95
cent of the ma.~im,~m density obtain-
able with the Stands.~d Proctor T~st
method issued by the Americs~ Socie-
ty for Testing and l~ateriais
Standard D-698). This requirement
applies to filI p~ds prepared for res/-
dential or comr~ercial structure foun-
dations ~nd does not apply to filled
areas intended for other uses.
(if) ~ slopes for gr~nulax material~
axe not steeper th~n one vertical on
one-~nd-one-h~If horizontal unleas
substantiating d~t:~ justifying steeper
slopes is submitted.
ii/i) Adequate protection is provided
fill slopes exposed to flood waters with
expected velocities durin~ the occur-
rence of the base flood of five feet per
second or less by covering them with
grass, vines, weeds, or sim/lax vegeta-
tion undergrowth. :
(iv) Adequate protection is provided
fill slopes exposed to flood waters with
velocities durin~ the occurrence of the
base flood of greeter th~u five feet per
second by armorin~ them with stone
or rock slope protection.'
(?) A revision of flood p]~ delinea-
tions based on fill must demonstrate
that any such fill hsm not resulted in a
floodway encro~chmen~
lb) New topogr~pAic giztc. The pro-
cedures described in paragrapl~ (a) (1)
through (5) of this section may be also
followed to re.~uest a n~D revision
when no physical chan~es h~ve
curred in the are~ of special flood
hazaxd, when no fill has been placed.
and when the n~tural ground eleva-
tions, .am evidenced by new topographic
maps. more detailed or more accurate
ths~ those used to PrePare the map to
be revised, are shown to be ~bove the
elevation of the bsme flood. ..
(c) Certification req~iremenLt The
items required in psmagr~phs ia) ¢3)
~nd (4) and (b) of this section shall be
certified by a registered professional
engineer or licensed land stu-veyor.
Items required in ps,--agraph (a)(6) of
this section -~hall be ce~ifled by the
co~rmunity's 17FI1m permit official.
registered professional en~neer, or an
s~red/ted~$oils engineer. Such certifi-
cations axe -~ubJect to the provisions of
§ 65.2 of this subchapter.
(d) Subrm/ss/on proce~/u~e~ All re-
quests -~hall be submitted to the appro-
priate ~ l~.egional Office servicing
the corm~unity's g~eographlc axes.
[$1 FI~ 30313, Au~. 25. 1986] 353
§ 6 .6
§ 6~.$ Revision of ba~e flood elevation de-
termlnati.ons.
(~) General congition~ ~n~ data re-
quiring. (1) The ~ppo~g da~
m~t ~clude ~ the
~ nee~ ~ renew ~d ev~uate
the requ~t. T~ m~y ~volve the re-
qu~tor's ~erio~in~ new hy~olo~c
~d hydra~c ~Iys~ ~d det~ea~ion
of new flood ~la~ bo~d~ ~d
floodway, ~ nece~.
(2) To ~void ~cont~ti~ between
the re,ed ~d ~e~ed flood
the nec~y hy~olo~c ~d hy~au-
~c ~ys~ sub~tted by the m~p
~ion request m~t be exte~ive
enough to e~e that · lo~
t/on c~ be sho~ between the re~ed
flood elevation, flood p;~m bo~d-
~, ~d floodw~ys ~d ~e devel-
op~ Dre~o~ly for ~e~ not ~f~d
by the re'~iom U~e~ it ~ demon-
s~ted that It wo~d not be
~te, ~e re~ ~d ~e~ed
flood elev~tio~ m~t mm~h
one-h~ foot where ~ch
~) ~e~io~ c~ot he ~e b~ed
on the effec~ oi proposed p~Jec~ or
furze con~tio~. Section ~.8 of t~
~b~pter contai~ pro~io~ for o~ -
~g con~tion~ zpprov~ of pr~
posed proj~ tha~ m~y effect
~g~ when ~ey ~e comDlete&
(~) The ~t~ ~d d~te of r~ev~
of bench,, ff ~y. to w~ch ~e
elev~tio~ ~e referenced m~t be ~-
~ti&
(5) Mmps ~ not be re~ when
~g~ ch~ge ~ a r~t of the
~e of ~ ~te~tive methodolo~ or
&tm ior comput~g flood ~charg~
~ the ch~ge M s~t~ti~y
~t ~ me~ed by ~ co~idence
~m~ ~ys~ oi the new ~ge
t~t~.
(8) Any computer
used ~o perff0nm hydrologic or
hydraulic analyses in suppor:
of a flood insdrance ~p re-
vision muse mee~ all o[ ~he
following criteria:
(i) I~ ~s~ have been re-
viewed and accepted by a
~overnmen:al a~ency responsi-
ble for ~he implementation
progra~ [or flood control
and/or the regulation
flood plain lands. For com-
puter pro,rams adop:ed by
non-Federal a~enctes, certi-
fication by a responsible
§ 65.6
agency officia~'~must be pro-
vided which .states ~hat the
progra~ has been reviewed
tested, and accepted by that
agency for purposes of design
of flood control structures
or flood blain land use
regulatiqn.
(ii) It must be well-docu-
mented including source codes
and user's manuals.
(iii) I~ must be available
to FEMA and all present and
future par=les impacted by
flood i~urance ~pping de-
veloped or amended ~hrough
=he use of ~he progr~. For
progra~ not generally avail-
~-'able from a Federal agency,
the source code and user's
manuals must be s en~ to F~
free of charge, ~h fully-
documented pe~ission from
~he %~er ~ha~ F~ may re-
le~e the code and user's
~nuals to such impacted
parties.
(~) A re~ hy~olo~c ~ys~ for
.. floo~t~ff so~ ~th ~b~ed
flood ~e~o~ m~ ~ude
~on of the s-me re=ence
s~ ~ the eff~ve ~, ~
the 10-, 5~, 100-, ~d 500-ye= flood
(8) A ~ed hy~c ~ys~ for a
flo~din~ so~e ~th ~b~h~ b~e
flood ele~o~ m~t ~ude ev~ua-
~on of the ~me r~nce
s~ ~ ~e effec~ve ~. ~ch
the 1~, 50-, 100-, ~d 500-~e= flood
elewtto~. ~d of the floodwaF.
~e b~ of the r~u~t ~ ~e ~e of
~ ~~ve hy~c me~odolo~
or the r~u~r ~ demo~ t~
the ~ of the o~1 hF~c com-
purr model ~ ~av~ble or l~ ~e
m~e ~g the s~e hy~c com-
purr. ~el ~ ~ dew,oD the b~e
flood eleva~o~ sho~ on the eff~-
~ve ~ ~~ce R~e ~ ~d
up~ ~ show pr~ent con~Mo~
~e flood pl~ Copi~ of the
~d output ~ from ~e ofl~
re~ hy~c ~~ sh~ be
mb~t~ ·
· 44 CFR Ch. I (10-1-88 Edition)
· (9) A hydr~ ~ ir~ic or hydraulic a.naly-
sis for a floodln~ source withoul;
~h~ b~e fl~d elevatio~ may be
perfo~ed for o~y the 100-ye~ flood.
(10) A re~ion of flood pla~ del~ea-
tio~ b~ on topo~ap~c ch~g~
m~t demo~te that ~y
tc ch~g~ h~ve not res~ted
floodway en~o~enC
(11) De~em~o~ of flood
bo~~ for ~ floo~g so,ce
~b~hed b~e flood elevmtio~ m~:
pro,de both the 100- ~d 500-ye=
flood Dlm~ boodles. For floo~g
so~c~ ~thout estmb~hed b~e flood
e!e~tto~, o~y 100-ye~ fl~od
bo~d~ need be sub~tted. These
bo~d~ shoed be sho~ on m ~Do-
~p~c ~P of ~t~ble s~e ~d con-
(12) ~ ~ ~mm,m~ty or other
see~ r~o~tion from ~ on
~ or ~. ~a~ ~ ~ered or re-
lo~t~ Do,ion Of · w~erco~e pro-
~d~ prolcon ~o~ or ~iga~
~n~ ~~ o~, ~e b~e ~oo~ ~he
Sami~-~r may requ~t sp~Htc
d~,,~~on ~om ~he
c~H~ t~ ~d d~c~b~g how.
the Dro~o~ of ~ 60.~(h)(?) of
~b~p~r ~ be me~ for ~e p~icu-
~ ~o~e ~volve~ ~ d~u-
m~o~ w~ ~y be ~ ~he ~o~
of a ~t~ ~temen~ from ~he Com-
m,m~y ~ef ~utive Officer. ~ or-
~ d~be ~e ~e of the ~t~-
fr~u~ ~ w~ch-~ey ~ be per-
fo=~ ~d ~he ~le of ~he lo~ com-
m, mlty o~ who ~ be r~o~ible
for ~ ~ the m~tm~en~ce
(i~) No~t~ai~g ~y other pro-
~io~ of ~ 6~.6. ~ com--,miry
~b~t. ~ ~eu of the
~ed ~ ~ 6~.6(~)(12). c~t~tion
by & re~r~ profe~io~ en~eer
~ ~e prol~t ~ been d~ed
re~. l~ ~d ~g ~P~i~Y ~h-
out pe~o~c m~n~ce.
~a~ e~ To co~ect e~ ~
mb~t~o~ s~ ~ude ~he follow-
(i) Da~ ldentH~g ~he~ti~
~o~
(2) Da~ id~tH~g me~emen~
e~o~ ~d DroWning co~sc~ me~e-
m~
(c) D~ta requir~ for
pAV~c~ coi~ilio~ ~e~io~ b~ed
on the ~f~ of 9hysi~ ch~E~
~ve o~ ~ ~he flood ~ sh~
~clude:
I~ederal Emergency. M~ement Agency
(1) C"~ange.s oJ'.l'ect~n.g ~tldro~ogic con-
dition.~ The fo~o~g d~ m~t be
sub~tte~
il) Gener~ description of' the
ch~g~ (e.~., a~. ~ve~ion c~el,
or detention b~).
'iH) correction pl~ for
~n~tio~, ff ~Vp~c~ble.
co~t~g for the efiec~ of the
chugs.
(iv) New hy~uHc ~y~ ~d pro-
iH~ ~g the new flood ~ch~Ee
v~u~ re~t~g [rom the hy~olo~c
iv) Re~ det~e~t~o~ o[ the flood
(2) ~ang~ ~feciin~ hydraulic con.
ditio~. ~e foHo~g d~t~ ~h~H be
ii) Gener~ d~iption of the
ch~ges (e.g., ch~e~:ion or new
b~dge, c~vert, or levee).
CiD Co~t~ction pI~ for ~-b~:
con~tio~.
(iH) ~ew hy~c ~alys~ ~d
flood elevztlon profiles acco~:~ ior
the effec~ of the ch~g~ ~d
the ofig~ flood d~ge v~lues
upon w~ch the o~ map ~ b~e&
Civ) ~e~ed de~eatio~ of the flood
congitio~. The ioHo~ d~
be sub~te~ "
(I) ~ne~ descSption of the
'ch~ (e.~., ~z~ or fi~).
iii) New topo~p~c ~0m~tio~
~uch ~ ~pot devotion, cro~ sectlo~
~ pl~, or conto~ m~p~. ..
(~) ~e~ed de~eatio~ of the flood
pl~ bo~d~ ~d, ff nece~,
floodway.
r~tigg i~prove~ datm ~eques~ for re-
~io~ b~ed on the ~e of ~proved
hy~olo~ hy~a~c, or ~po~phic
d~ sh~ Mclude the foHo~n~ dat~
~1) Da~ that ~e believed to be
better th~ those ~ed ~ the ori~ ·
~y~ (~uch ~ ad~tion~ ye~ of
~tre~ ~e ~t~).
(2) Do~men~tion of ~he ~o~ce of
the d~.
(3) ~pl~tion ~ to why t~e ~e of
the new ~ ~ ~prove the r~
of the ori~
(4) ~e~ hy~olo~c
where hy~olo~c dat~ ~e be~ Lncor-
po~ted.
(5) ~e~ed hy~a~ic ~y~ ~d
flood elevation profHe~ where new
~olo~c or hy~ic d~ ~e be~
~co~o~d.
(6) ~e~ed 'de~e~o~ of the flood
pl~ bo~es ~d floodway where
355
new hydrologic, hydraulic, or t~)po-
graphic data are being incorporated.
(e) Data requirements for incorpo-
rating improved m. ef.~od~. Requests
for revi~/on~ ba~ed on the ~e of
proved hy~olo~c or hy~c meth-
odolo~ sh~[l ~clude the
d~t~:
(1) ~ew hydrolo~c ~ys~ when
zltem~tive hy~olo~c methodolo~ 5 .
berg ~roposed~
(2) New hy~ulic ~lysM ~d flood
elevation proiHes when ~ ~te~ative
h~olo~c or hy~ulic methodolo~
being ~roposed.
(3) E~pl~tion ~ to why the ~ter-
n~tive methodologi~ ~e superior
the o~al methodology.
(4) ~e~ed deline~tio~ of the flood
~1~ bo~daries ~d floodway b~ed
on the new ~ysM(~).
([) ~eri~c~tion requir~
~lys~ ~nd d~a sub~tted by the re-
quester sh~ be certified by ~ re~-
tered profe~ion~ en~eer or Hce~ed
to the dei~tion of
~ven at ~' 65.2 of th5 subch~pter.
ques~ shah be sub~tt~ to ~e a~ro-
priate ~,~ ~e~o~ Office se~c~g
the county's geo~p~c ~em
[51 ~ 30314, Aug. 25, 1956, ~ ~ended
53 ~ 16279, ~y 6, 1988] '
~ ~5.7 Floodway revhio~ -.
(~) ~er~ ~oodway d~ta M devel-
oped ~ p~ of ~ ~ood ~-
~ce Stu~ ~d ~ uUli~ed by co~=-
~ti~ ~ select ~d ~do~t floodw~ys
~ of the flood ~la~ m~gement
vro~ requM~ by ~ 60.3 of t~ sub-
chapter. ~en it h~ been
tematives exit ~ re~g the
~es of i~ pre~o~ly ~o~ted flood-
w~y, the proced~es below s~ be foI-
lowe~
(b) Dat~ requir~ ~
~oog e~ation ~ang~ are req~te&
~en · floodway re~ion M
~ ~oci~tion ~th ~ ch~ge to b~e
flood elevation, the dat~ requ~e-
men~ of ~ 55.5 sh~ ~o be ~ppli~-
ble. ~ ~d~tio~ the foHo~g docu-
men~tton sh~ be sub,rte&
(1) Copy of ~ VubHc notice ~t~but-
~ by the comm~ty st~t~g the com-
m~t~'s ~tent to re~e the
or ~ statement by the comm~ty that
it h~ no~M/ed ~H ~fected ~rove~y
o~e~ ~d.~ffected ~dj~cent j~c-
tio~.
(2) Copy of ~ letter notffy~g the a~-
vrov~te S~te ~gency of the flood-
w~ re~ion when the State h~
§ 65.8
44 CFR Ch. I ([10-1-88 Edition)
diction over the floodway or its adop-
tion by cornmuzlitie~ participating in
the h-FIP.
(3) Documentation of the approval
of the revised floodway by the appro-
priate State agency (for co-n~unities
where the State has jurisdiction over
the floodway or its adoption by com-
munities participating in the N'PIP).
(i) Engineering analysis for the re-
vised floodway, as described belo~~.
(i) The floodway analysis must be
performed using the hydraulic com-
puter model used to determine the
proposed base flood elevatioru.
iii) The floodway limits must be set
so that neither the effective base flood
elevations nor the proposed base flood
elevations if less than the effective
base flood elevations, are increased by
more than the amount specified under
§ 60.3 (d)(2). Copies of the input and
output data from the original .and
modified computer models must 'be
submitted.
(5) Delineation of the revised flood-
way on the same topographic map
used for the delineation of the revised
flood boundaries. -:
(c) 'D~t~ requirer~en~s /or . cAange~
not ozzocia~ed urlh'z'b~e .flood
· .tion c~angem. The roi/owing data shall
be submitted: ..
(1) Items described in paragraph~
(1) through (3) of this section must be
submitted. .... ·
(2) Engineering analysis for the rel
vised floodway, as described below:.
(i) The original hydraulic computer':
model used to develop the establLshed
base flood elevations must be modified
to include all encroachments that
have cc=m-red in the flood plain since
the e:~t~ting floodway was developed.
IX the 'original hydraulic computer
model is not available, a~n alternate hy~
draulic computer model may be used
provided the alternate model has been
calibrated so as to reproduce the origi-
n=l water surface profile, of the origi-
nal hydraulic computer model The al-
ternate model mu~t be 'then modified
to inc/ude al/ encroachments that
have occurred since the existing flood-
way was developed-
(il) The floodway analysis must be
performed with the modified comput.
er model using the desired floodway
limits.
(iii) The floodway 1/mits must be set
so that combined effecta of the past
encroachments and the new floodway
limits do not increa-~e the effective
base flood elevations by more than the
amount specified in § 60.3(d)(2).
Copies of the input and output data
from the original and modified com-
puter models must be submitted.
(3) Delineation of the revi~ed flood-
way on a copy of the effective ~FIP
map and a suitable topographic map.
(d) Cer~i/icalion rcquirernenLt Al/
analyses submitted shall be certified
by a registered professional engineer.
.A/1 topographic data shall be certified
by a registered professional engineer
or licensed land surveyor. Certifica-
tions are subject to the definition
given at § 65.2 of this subchapter.
(e) Sub~nim~'ion proced=re~. Ali re-
quests that involve changes to flood-
ways shall be submitted to the appro-
priate ,PEIV[A Regions/Office servicing
the community's geographic area.
£5~ F~'30315, Aug. ~-5. 19861
§ 65.8 Review of proposed proiecis.
A community, or individual through
the cot-m--fry, wishing PE1VIA's com-
ments on whether a proposed prolect,
if built as ,proposed, would justify a
map revision may request a Condition-
al Letter of Map Alu. endr-ent or Revi-
sion in accordance with Par~ '~2 of this
subchapter. The data required to sup-
port such requests are the s2me as
those required to support requests for
revisions in accordance with §§ 65.5,
65.6, and 65.?, except as-built ce.,'tifica-
tion is not required.
[51 ~ 30315. Aug. 25. 1986]
.~ 65.9 Review and r~spons~ by the Admin-
istrator.
IX any questions or problems arise
during review, ~ will consult the
· Chief Executive Officer of the commu-
nity (CEO), the comrmm{ty official
designated by the CEO, and/or the re-
quester for resolution. Upon receipt of
~ revision request, the Administrator
shall mail an acknowledgment of re-
ceipt of such request to the CEO.
Within 90 days of receiving the re-
quest with all necessary information,
Federal Emergency hlanagement Agency
§ 65.10
the Admlrtistrator' shall notify the
CEO of one or more of the followift~
ia) The effective map(s) shall not be
modified;
ih) The base flood elevations on the
effective FIRlV[ shall be modified and
new base flood elevations shall be es,
tablished under the provisions of Part
6'/of this subchapter;
(c) The changes requested are ap-
proved and the map(s) amended by
Letter of l~ap Revision (LOI~-~);
(d) The changes requested, are ap-
proved and a revised map(s) will be
printed and distributed;
(e) The changes requested are not of
such a significant nature as to warrant
a reissuance or revision of the flood in-
surance study or maps and will be de-
ferred until such time as a significant
change occurs;,
(f) An additional 90 days is required
to evaluate the scientific or technical
data submitted; or ..
(g) Additional data are required to
support the revision request.
[51 FR 30315, Aug. 25, 1985] ....
§6~.10 ~[app[ng of areas protected By
levee systems.
· (a) C-e~eraL' For purposes' of the
17FIP, FEM.~ will only recog~.e in Its
flood hazard and risk mapping effort
those levee systems that meet, and
continue to meet, rm~m,,',~ design,
eration,' and maintenance standards
that are consistent with the level of
protection sought through the corn,
prehensive flood plain management
criteria established by § 60.3 cf this
subchapter. Accordingly, this section
describes the t.v~es of ~¢orznation
FEMA :needs to recognize, on NFIP
maps, th'At a levee system provides.
protection from the base flood.
information must be supplied to
~ bY the com~uZxity or other
party seeking recognition of such a
levee system at the tkne a flood risk
study or restudy is conducted, when a
map revision under the provisions of
Part 65 of this subchapter is sought
based on a levee system, and upon re-
quest by the Ad~W~trator during the
review of previously recognized struc-
tures. The ~a. review, will be for
the sole purpose of establishing appro-
priate risk zone determinations for
N'FI'P maps and shall not constitute a
determinati°n by FEM. A as to how a
sti~i/iture or system will perform in. a
flood event,
(b) Design criteria. For levees to be
recogrtized by ~EI~A. evidence that
adequate design and' operation and
maintenance systems are in place to
provide reasonable assurance that pro-
tection from the base flood exists
must be provided. The following re-
quirementa m~t be met:
(1) Freeboard. (i) Riverine levees
must provide a 1~=~i~=~11T~'1 freeboard of
three feet above the water-surface
level of the base ~flood. An additional
one foot above the mmim,,m is re-
quired within 100 feet in either side of
structures (such as bridges) riverward
of the levee or wherever the flow is
constricted. An additional one-half
foot above the ,~.~,,m at the
stream end of the levee, tapering to
not less than the m~,~,,,~ at the
downstream end of the levee, is also
required. .
iH) Occasionally, exceptio.,~ to the
m~fm,,m riverine freeboard require-
ment described in paragraph
of this section, may be approved. Ap-
propriate engineerin~ analyses demon.
strating adequate protection with a
lesser freeboard must be submitted to
support a request for ~ach an excep-
tion. The" material presented must
evaluate the uncertainty in the esti-
mated base flood el~vation profile and
include, but not necessarily be ~ted
to an assessment of statistical confi-
dence l~mtts of the 100-year d~charge;
changes in stage-discharge relation-
ships; and the sources, potential, and
znag~_itude of debris, se-~r~ent, and ice
'accmmulati0n It must be also shown
that the levee ~ill remain structurally
stable during the base flood when
.such additional loading considerations
are imposed. Under no circumstances
will freeboard of less than two feet be
accepted.
(iii> For coastal levees, the freeboard
must be established at one foot above
the height of the one percent wave or
the ma:~m,,~ wave runup (whichever
.is greater) associated with the 100-
· year stillwater surge elevation at the
site.
(iv) Occasionally. exceptions to the
mi~mum coastal levee freeboard re-
quirement described in paragraph
§ 65.10
(bX1)(iiD o~ t. his section, may be ap-
prove& Approprtat~ engineer~g ~-
~ demo~~ ~dequa~e pro~ec-
· ~on ~ ~ l~er freehold m~. be
sub~t~ ~ suppo~ a requ~ for
~ ~ exceptio~ ~e mate~ pre-
~ent~ m~t ev~ua~ the ~ce~a~ty
~ ~e ~t~d b~e flood lo~
be plied on thh effec~ o[ w~ve
~d ove~pp~ff on the s~b~ty of ~e
lev~. Under no c~~c~, howev-
er, ~ · fr~bo~d of 1~ th~ ~wo
feet ~ove ~e 100-ye~ ~w~ter
~Ee ~ev~tion Be ~e~te~
(2) ~r~ ~ ope~ m~t be
pro~d~ ~th ~os~e de~c~ that ~e
s~ct~ p~ of the system
ope~t~on ~d d~ ~cor~ to
sold ~e~ p~ttc~
(3) .E~h~~t p~c~o~
n~ ~~ m~ be ~b~tted
t~t d~o~te ~t no ~pprec~hle
e~on of the lev~ ~b~en~
he e~t~ d~ the b~e flood,
~t ~p~t~ ~o~on ~ not r~t
~ f~e of ~e levee ~bu~ent or
fox--on ~y or
t~o~ reduc~on of ~e s~ep~e p~th
~d ~uent ~b~ty. ~e f~-
~ud~ b~t.~ not ~m;~d
~ flow veloct~ (~p~y
~ct~ ~e~); e~ted ~d
w~ve ~o~ ice lo~ ~p~t of
deh~ slope p~t~t~on t~h~iqU~;
~d velo~tt~ emh~ent ~d fo~-
~tion mute~ levee
b~, ~d ~t~o~ ~d levee side
~op~
s~;.-~ee~ff ~y~ t~t
ev~te levee ~~ent
m~ ~ ~b~t~ ~e ~ys~ pro-
~d~ ~h~ e~te ex~ted 5ee~e
d~ lo~ con~tio~ ~o~Gted
~ ~e b~e flood ~d ~ demon-
~e ~at s~p~;e ~ or t~o~h
~e lev~ fo~on ~d emb~e~t
~ not J~p~ emb~men~ or
~~ demo~~ t~t ~e levee
~ d~ed ~d co~cted
~t ~ deiced ~ the U~. ~
~d Co~t~ction 'of ~ve~"
44 CFR Ch. I (10--1-88 Edition)
1110-2-1913, Chapter 6, Section Il),
m~Y be used. The f~ctor~ that sh~l be
addre~ed in the ~ys~ ~clude:
Depth of floo~K, d~tion of flood-
~, emb~ment ~eometry ~d len~h
of seepage path at c~ti~ lo~tio~,
emb~ent ~d fo~d~tion m~eri-
a~, emb~ent comp~on, penet~-
tlo~, other desi~ f~ ~fect~
· eepage (~ch ~ ~e layer), ~d
other d~i~ f~ ~fect~ emb~-
men~ ~d fo~d~tion s~b~y (~ch
be~).
(5) ~e~~~ ~ee~K
m~t be sub~tted t~t ~ the
tenti~ ~d ~tude of furze lo~es
of ~'eebo~d ~ ~ r~t of lev~
m~t ~d demo~t~te ~h~t ~eebo~d
~ be ~~ ~th~ ~e m~-
m-m s~d~ set fo~h ~
m~t ~ emb~~t lo~, com-
pr~b~ of emb~ent so~, com-
pr~ib~t~ of fo~tion so~, ~Ke
the lKvee s~ ~d co~ction
comp~on me~o~. ~ ad~o~ de-
~ settlement ~y5~ ~ proce-
d~ ~ch ~ those d~cfib~ ~ the
COE m~ "So~ ~h~
D~i~et~ement ~ys~"
110~2-1904) m~t be ~b~tte~
m~ be sub~tt~ t~ id~t~ the
so~e~s) of ~ floo~, ~e e~ent
of the flooded ~e~ ~ ff the ~ve~e
depth ~ ~e~r ~ one foot, the
w~r-s~e election(s) of ~e b~e
fl~ ~ ~ys~ m~t be b~ed on
~e ~o~t prob~b~ty of ~t~or ~d
~tefior floo~ ~d the ~p~ity
f~ti~ (~ch ~ ~e ~ ~d
p-~) for ev~u~E ~te~or flood-
. w~.
~t~o~ ~ '~ those ~h~re the
lev~ s~ ~ rel~t~vely ~h
..-ne~b~t~, ~ m~y req~e
other d~i~ ~ ~d ~Fse~ be
sub~tted ~ show that the lev~ pro-
~de ~eq~ pro~tio~ ~ ~ch
· ~o~, sold e~ee~ p~ ~
be the ~~d on w~ch ~ ~
~ pro,de the ~tio~e for r~-
~ levee s~m ~ be r~o~ the
ope~tion~ ~ m~t be ~ de-
~bed below. ~ clo~e de~c~ or
358
Federal Emergency Management Agency
age, whether manual or
must be operated in accordanc6
an officially adopted operation
manual, a copy of which must be pro-
vided to F~EI~ by t.he operator when
levee or drainage system recognition is
being sought or when the manual for
a previously recognize, d system is re-
vised in any manner. Al1 operations
must be under the Jurisdiction of a
Federal or State agency, an agency
created by Federal or State law, or an
agency of a comm~nity participating
in the lq'PEP.
(1) C~osure~. Operation plans .for clo-
sures must include the £ol.lowin~
¢1) Documentation of the flood warn-
ing system, under the jurisdiction of
Fede=-~.I. State, or comm,-~ity officials.
that will be used to trigger emergency
operation activities and demonstration
that sufficient flood warnln~ time'
e:dsts for the completed operation of
all closure structures, including neces-
sary se~,,~, before floodwater~ reach
the base of the closure. - · :
(il) A form~! plan of operation in[
cluding specific actions and as~fgn-
merits of responsibility by individual
n~m e or t~tle.
ail) Provisions for periodic oper-
ation, at not less than one-year inter-
vals. of the closure structure for test-
ing and trakring purp'oses.
(2) Inte~or ~ratnage ~nystern~ Interi-
or drainage systems associated with
levee systems usually include storage'
areas, gravity outlets, pumping sta-
tions, or a combination thereof. These
drainage systems will be recognized by
FF~k on ~'~ m~ps for flood protec-
t/Ion purposes only If the following
rnl~tm~n o.~te~'ia, a~'e included in the
operal;lon pla~ · '-
(D Documentation of the flo~d warn-
hag system, under the Juri~cllctiozx
Federal, ~tate, or community
that will be used to taSgger emergency
opera.on acttvittes and demonstration
that sufficient flood warning time
exists to permit activation of mecha-
,~i~.ed portions of the drainage system.
(il) A forms! l~lan of operation in-
cluclhag specific actions and a~tgn-
merits of regponsibLlity by. individual
'name or title.
(iii} Provision for manual backup for
the activation of automatic system.n.
§65.10
(iv) Provisions for periodic tnsPec-
~ti0n of interior drainage systems and
periodic operation of any-mechardzed
portions for testing and training pur-
poses. ~o more than one year shall
elapse between either the inspections
or the operatiot,--~.
(3) OlAer o~eralion l~lar~ and c~Dz-
rio. Other operating pla~s and criteria
may be required by F'~M_~. to ensure
that adequate protection.is provided in
specific situations. In such cases,
sound emergency mazmgement prac-
tice will be the standard upon which
PF_~ determinations will be based.
id) ~fain~-nance l~lan.~ and criteria.
For levee systems to be reco~f~-ed ss
providing protection from the base
flood, the maintenance criteria must
be as described herein. Levee systemn
mUSt be maintained tn accordance
with an officially axiopted m~ir~te-
nonce plan, and a copy of this plan
must be provided to ~ by the
owner 6f the levee system when recog-
nition Is being sought or when the
pla~ lot a pre~ously recol~lzed
system Is revised tn any r-~,,~er. All
maintenance activities must be under
the Jurisdiction of a Federal.or State
agency, an aEency created by Federal
or State law, or an agency of a corr~mu-
nlty particiva, ti~ in the h~ that
must a.~ume ultimate responsibility
for mainten~ce. This plan must docu-
ment the for~-~ i~ocedure that en-
sures that the stability, height, and
overall lntes~-ity of the levee and its
associated structures and systems are
maintained. At a ~im,rn, mainl;e-
nance plans shall specify the m~_inte-
hence activities to be performed, the
frequency of their performance, and
the ~erson by nerve or title resl~onsi-
ble for them performance.
.. (e) Certification requirements. Data
submitted to support that a ~iven
levee system coml~lies with the struc-
tural requirements se~ forth in para-
graphs lb)(1) through (7) of this sec-
tion must be certified by a registered
professional engineer. Also, certified
as-built plans of the levee must be sub-
mltted. Certifications are subject to
the definition given at § 65,2 of this
subchapter. In lieu of these strUctural
requirements, a l=ederal agency with
responsibility for levee design may ocr-
thy that the levee has been adequate-
359
§ 65.11
1¥ desl~'~ed aa~d con~truc~ed to ~ro~de
p~t~tion ~t the b~e floo&
[51 ~ 30316, Au~. 25, 1986]
~ 65.11 Evaluation of sand dun~ in ma~
pin~ co~ 'flo~ ha~d are~.
(a) ~er~ condition. For p~os~
of the ~. ~ w~ co~ider
s~-~duced d~e erosion ~otent~
~ l~ de~inaMon of co~ flood
~~ ~d ~k ma~v~g effo~. ~e
~on ~ be ~ed ~ ~e evaluation
of d~e e~sion ~ avvly to
~on~ d~ ~ def~ed ~ ~ 59.i. bu~
do~ not av~ly ~ ~ffici~y d~i~ed
~d contacted d~es that ~e not
weH-~b~hed ~th lon~-st~g
vege~Sve ~ver. ~uch ~ the ~l~e-
ment of s~d ~fi~ ~ a d~e
~on~ d~ ~ not be co~ider~
eff~ve b~e~ ~ b~e flood
~ ~d ~ociated wave action
wh~e ~e ~-s~o~ ~ea of the
~m=W '~on~ d~e. ~ me~ed
~~ to .the shoreline ~d
above ~e 100-ye~ ~t~water flood el~
~on ~ ~w~d of the d~e cres~
~ ~ ~.-or I~ th~n. 540 5q~e
f~ -.-~ . ..
lc) ~t~ ~ce~tio~ ~ ~e
ev~on ~on may be ~d
wh~e it ~ be demo~t~ t~o~h
au~ofl~ve ~fi~ doc~entation
~t ~e V~ i~nt~ d~ at a
sV~c ~ ~t~od ~re~o~ b~e
fl~d s~ ~ ~d
[53 ~ 16~9, ~ay 6, 19881
g65.12 ~ion of flo~ ~ce
ma~ ~ r~t b~e fl~ elevations
~us~ by pro~s~ enc~ac~en~
(a) ~ a co~m, nlty ~ropos~
p~t en~o~en~ upon ~e flo~
P~ when a re~~ flo~way
not b~ ~opt~ or ~ ~e~t en-
~~~ upon ~ ~Opted re~a-
~ fl~Y w~ch ~ ~e b~e
flood ~e~5on ~e~ ~ ~c~
~ose pe~t~d ~d~
(c)(10) or (d)(3) of t 60.3 of ~
~p~r. ~e co~ty sh~ apply
~e A~~r for con,tioga]
44 C~:R Ch. I (10-1-88 Edition)
proval of such action prior to permit-
ting the encroaclunents to occur and
shall submit the followin~ as pazt of
its application:
(1) A request for conditional approv-
al of map change and the appropriate
initial fee aa specified by § '~2.3 of this
subchapter or a request for exemption
from fees as specified by § T2.5 of thi~
subchapter, whichever is appr.opriate;
(2) An evaluation of alternatives
which would not result in a base flood
elevation increase above that permit-
ted under pa.,~graphs (c)(i0) or (d)(3)
of § 60.3 of this subchapter demon-
str~ting why these alternatives are not
feasible;
(3) Doc,,-,entation ol individual
legal notice to all' impacted proper'.y
owners within and outside of the corn-
re,miry, exp~g the impact of the
proposed action on their property.
(4) Concurrence of the Chief Execu-
ti%e Officer of any other communitie~
impacted by the proposed actions;
(5) Certification that no structures
are located in areas which would be
tmpa~ted by the increased base flood
elevation;
(6) A request for revision of baae
flood elevation determir~tion accord-
§nE to,.the provi-~lons of .§ 65.6 of this
part.-
(?) A request for floodway revision
in a~cordance with the provisions of
§ 65.'~ of this par~;
(b) Upon receipt of the A~mi~i-~t
tot's conditions/ approval of In~D
chan~e and prior to approvin~ the pro-
posed encroacl~ments, a community
shall provide evidence to the Adminis-
trator of the sxtoptton of flood plain
management ordinances lncorporat/ng
the increased base flood elevatior~s
and/or revi~ed floodway reflectin~ the
post-project condition
(c) Upon completion of the proposed
encroachlllents, a cor-rm~nii;y shall
provide as-built certtlic~tions in
cordn~ce with the provisions o! § 65;3
of th~ part. The Adr-ini-~trator will
initiate a final m,p revision upon re-
ceipt of such certifications in accord-
ance with Part 6T of this subchapter.
(53 ~ 162'/9, ~y 6, 19881
360
h~.~~' emenf Agency
Feeler=! Emergen¢~ _; g
' §65.i3
§65.13 Happing and map
revisions for areas
subject to alluvial fan
flooding.
This sectiod describes the
procedures to be followed and
the types of information FF~A
needs to recognize on a NFIP
map that a s=ructural flood
control measure provides pro-
tection from the base flood
in an area subject to allu-
vial fan flooding. This In-
formation must be supplied
Co'FE~5% b~ the community or
other party seePing recogni-
tion of such a flood control
measure at the time a flood
risk study or restudy is con-
ducted, when a map revision
under the'provisions-of parc
65 of this subchapter is
~vught, and upon reque'~C by
.'the Administrator during the
review of previously recog-
nized flood control measures.
The FE~ review will be for
the sole purpose of estab-
lishing appropriate risk zone
determinations for N~IP maps
and shall not constitute a
how the flood control measure
will perform in a flood event.
(a) The applicable provi-
sions of §§65.2, 65.3,.65.4,
65.6, 65.8 and 65.10 shall
also apply to FI~M revisions
involving alluvial fan flood-
ing.
(b) The provisions of §65.5
regarding map revisions based
on fill and the provisions of
part 70 of this chapter shall
not apply to FIR~f revisions
involving alluvial fan flood-
lng. In general, elevation
of a parcel of land or
structure by fill or other'
means, will not serve as a
basis for removing areas sub-
ject to alluvial fan flooding
from an area of special flood
hazards.
(c) FEM_A will credit on
NFIP maps only major struc-
tural flood control measures
whose design and construction
are supported by sound engi-
neering analyses ~nich demon-
strata that the measures ~11
effectively eliminate alluvial
fan.flood hazards from the
area protected by such mea-
sures. The provided analyses
mus~ include,' but are not
necessarily limited to, the
fol%owing:"
(1) Engineering analyses
that quantify the discharges
and volumes of water, debris,
and sediment movement associ-
ated wfth the flood that has
a one-percent probability of
being exceeded in any year
the apex under curren~ water-
shed conditions and under po-
~entia! adverse conditions
(e.~., defores~a=ion of
watershed by fire). The po-
~ential for debris flow and
sediment movement must be
assessed using an engineering
method acceptable
The assessment should con-
sider the characteristics and
availability of sediment in
the drainage basin above the
apex and on the alluvial fan.
361
(2) Engineering analyses
showing that the measures
will accommodate the esti-
mated peak -discharges and
volumes of water, debris, and
sediment," as determined in
accordance with paragraph (c)
(1) of this section, and will
withstand the associated
hydrodynamic and hydrostatic
forces.
(3) Engineering analyses
showing thac the measures
have been designed to with-
stand the potential erosion
and scour associated .with
estimated discharges.
(4)' Engineering analyses
or evidence showing that the
measures will provide protec-
tion from hazards associated
with~ the possible relocation
of flow paths from .other
parts of the fan.
(5) Engineering analyses
that assess the effec~ of the
project on flood hazards,.in-
cluding depth and velocity of
floodwaters and scour and
sediment deposition, on other
area~ ~of the fem.
(6) Engineering analyses
demonstrating that flooding
from sources ocher than ~he
fan apex, including local
runoff, is either insignifi-
cant or has been accounted
for in the design.
(d) Coordination. FEMA.
will recognize measures that
are adequately designe~ and
constructed, provided that:
evidence is submitted to show
that the impact of the men-
362
sures on flood hazards in all
areas of the fan (including
chose hoc protected by the
flood control measures), and
the design and maintenance
requirements of the' measures,
were reviewed and approved by
the impacted communities, and
also by State and local agen-
cies that have jurisdiction
over flood control activities.
(e) Operation and Mainte-
nance Plans and Criteria.
The requirements for opera-
tion and maintenance of flood
control measures on areas
-subject to alluvial fan
flooding shall 'be those
specified under ~65.10, para-
graphs (c) and (d), when
appl/cable.
(f)- Certification Require-
meats. Data submitted to
support that a given flood
control measure complies with
the requ/rements set forth in
paragraphs (c)(1) through' (6)
of this section must be
certified by a registered
professional engineer. Also,
certified as-built plans of
the flood control measures
must be submitted. Certifi-
cations are subject to the
defini~ion given at 565.2.
965.14 List of communities
submitting new technical
data..
ThAs section provides ~ cumulative
~t of comznunitfes where mocU/ic~-
'Federal Emergency Management. Agency
Lions o! the b~se flood elevation deter-
m~=tJons have ~e~ ~de because o;
~bm;~o~ o~ ~ew ~[e~t~[c or tec~-
~ da~ Due ~ ~e need for expe~-
~ the modffi~io~, the re~ed ~
~ ~eady ~ effect ~d the appeal
9e~od co~enc~ on or about the ef-
fective date of the monied map. ~
~te~ ~e, fo~owed by a f~ ~e,
~ ~t the re~ed ma~ eHective date.
lo~ reposito~ ~d the ~e ~d ad-
~e~ of the C~ef ~ecutive Officer o[
. t~e comm~ty. ~e map(s) ~ (are) ef-
fective for bo~ flood 91~ m~age-
merit ~d ~~ce 9~os~.
[5i ~ 3031T. Aug. ~, 1986. ~esi~ated
~ ~3 ~ 162T9, ~ 6. 1988]
~ ~der ~ s~on ~d no~ ~ed ~
~e ~ zee ~e ~ of ~ ~o~ ~-
of ~ vol~
PART 66---CONSULTATION WITH :
LOCAL OFFICIALS
66.1 Pttr~oae of part.
66.2 D~~
~d fl~ election gudy docke~
66.4 Appo~t of ~tion coo~-
~on office;
A~o~ 42 U~.C. 4001 et s~.:
it 66.1 Purpose of pa.-t-
(a) The purpose of this part is to
comply with section 206 of the ~lood
Disaster Protection Act of 19'/3 (42
IY.S.C. 410'/) by estzblishlng proce-
dures for..flood elevation' determina-
tions of Zones A1-$0, A.E, AH, AO and
V1-30, and IrE within the community
so tha~ adequate consultation with the
commtmtty officials shaJ.l be a.~urecL
(b) ~he procedures in this part shall
apply when b~se flood elevations are
to be determined or modifiecL
(c) The Administrator or his dele-
gate shall:
(1) Specifically request tb~t the
cornr~tmity submit pertinent dat~ con-
cernin~ flood haz~ds, flooding experi-
ence, pla_ns t.o avoid potential hazards,
estimate of historical and prospective
economic impact on the community,
s.nd such other appropriate data (p~r-
ticularly if such data will necessitate a
modification of abase flood elevation).
(2) Notify local officials of the
progres~ of surveys, studies, hnvestiga-
tions, and of prospective findings,
along with data and methods em-
ployed in reaching such conclusions;
~nd
(3) Encou~ge local dI~er~nation of
survey-~, studies, and investigations so
that interested perzons will have an
opporturfity to brin~ relevant data to
the attention of the comm,,,~ty and to
the A.~ m;rtMtrator.
(4) Carry out the respo~ibllities for
consultation and coordination set
forth in § 66.5 of this part.
[41 ~ 46988, Oct. 26, 1976. Redesi~ated at ·
44 FR ~11~?, l~[ly $1, 19~9, sz~d amended
4'~ F"P, ~1, Jaz~ 'I, 198~; 48 PR 44553, ~ept.
29, 1983; t9 F"R itel, Feb. 8, 19844 $0
~6028, ~eD[. 4, 198~]
ii 66.~ Definitions. .
The definitions ~et forth in P~rt; 59
of this subchapter are applicable to
this
[tl'B 46988, Oct. 16, 19~6. Redesi~t,ated
ii ~ ~11'~I, l~[ay 31, 19'I91
ii 66.3 Establishment of community ca.se
file and flood ele~ation study docket.
(a) A file.- shall be est.ablish~d for
each' comm-~ity at the time initial
consideration is ~iven to studying that
cornrnt~ity, ii1 order to establish
whether or not it con~_-~t.~s flood-prone
areas. Therealter, the file shall
clude copies of all correspondence
with officials in that community.
the COmmunity is tentatively ldenti-
lied, provided with base flood eleva-
tions, or suspended and reinstated,
doc-mentatton of such actions by the
Aamir~i~trator shaJ3 be placed in the
domm-~ity file. Even if a map is ad--
rnirlistrattvely rescinded or withdr~wn
alter notice, under Part 65 of this sub-
chapter or the comm-~ity successfully
rebuts its flood-prone desi~natton, the
file will be maintat=ed indefinitely.
(b) A portion of the C0mmt~ntty file
shall be designated a flood elevation
~tudy consultation docket .and shall be
established for each COr~mtlnity at the
time the contract is awarded for a
flood elevation study. 'l'he docket shall
363
§ C~4
include copies of (1) all correspond-
ence between the Admin~-~t~tor az~d
the community concerninE the study,
reports of a~y meetings among the
Agency representatives, property
owner~ of the COmmunity, the state
coordinatin~ agency, study cont.~ctor~
or other interested person~, (2) rele-
vant publications, (3) a copy of the
completed flood elevation study, ~nd
(4) a copy of the Admini-~trator's final
deterrn{-~tiom
lc) A flood eIevation deterrn{nation
docket shall be establMhed ~nd m~.in-
t~ned in a~:cordance with Paxt 67 of
th~ subchapter.
itl ~ t6988, Oct. 26, 1945. Redesi/~n~ted
44 ~ 311'/7, l~[ay 3I, 1979. aztd amended a~
48 ~ 44544 and 44553, Sept. 29, 1983; 49
~ 4'/51,1%b. 8, 1984]
g$$.i Appointment ~f cor~ultation co-
ordination officer.
The AdminL~tr~tor may &ppoint
employee of the 1=ederal ~'h~ergency
~vran~gem~nt Agency, or other desig-
nated 1=ederv. t employee, a~ the Con-
sultation Coordination Officer, for
each commun/ty when an analysis is
undertaken to establ/sh or* to modify
flood elevations pursuant to a new
stuchr or a restudy. When a CCO is
pointed by the Adminis~tor, the re-
sponsibfl/tles for consultatisn and
ord;n=tion a~ set forth in § 66.5 shall
'be cazTted out by the CCO. The Ad-
m;~t~tr~tor sha~ advise the communi-
tlr and the s~te coordL, mting agency,
in. wl'lting, of th/~ appointment.
[4'/~ '/'/1, Jan. '/, 1982, a.~ amended a.'. 4.9
~ 4'/5[, Feb. 8, 1984]
g 66.5 Res'ponaifiilities for consultation.
~'d. coordlnation.
(a) Cont~c~ aha11 be made with
propr/ate offici~h of & commun/ty in.
wh/ch [ proposed inve~ti~tion i~
dertaken, ~nd w/~h the state coord/-
hating agency.
(b) Local d~e~ation of the kltent
and n~ture of the investigation shall
be encouraged ~o that interested .pax-
tie~ will have ~n opportunity to bring
relevant' dat~ to the attention of the
community and to the Administrator.
¢c) Submt-;~Mon of in~ornmtion from
the comm~flty concerning the study
shall be encouraEe.d.
44 CFR Ch. ! (10-1-88 Edition)
(d) Appropriate officials of the com-
munity shall be fully Informed of
The responsibLllties placed on them by
the 1%o~n, (2) the a~mln~trative
procedures followed by the Federal
Emergency 1Vi~na~ement Agency, (3)
the community's role in e~tabli-~hinE
elevation% ~nd (4) the respor~sibLlities
of the COmmtlxt/ty Lf it Pa.-ticipates or
continues to Paxticipate in the Pro-
(e) Before the commencement of an
initial ~lood [nsuramce ~tudy, the
CCO or other i~EIW_4, representative,
together with a representative of the
organization undertaking the study,
shaJl meet with officials of the com-
munity. The state coordinatinff agency
shall be notified of this meetinff and
may attencL At this meeting, the local
officials shall be informed of (7,) The
date when the study wfill commence,
(2) the nature and pta-pose of the
study, (3) axe~s involved, (4) the
manner in which the study shall be
undirta_ken, (5) the genera2 principles
to be applied, a. nd (6) the intended u~e
of the dat~ obtained. The
shall be informed in writing if any of
the six preceding item-~ axe or will be
cha~ed agter th/s in/tiaI meeting and
durinff the course of the onffoing
study.. . :
-(f) The community shall l~e in-
formed in wy/ting of any intended
modification to .the com~,.nity's final
flood elevation determinations or the
development of new elevations in addi-
tional axea$ of the community a~
result of a new study or restudy. ~uch
information to the community will in-
clude the data set forth in paragraph
(e) of this section. At the d/scretion of
the Chief of the l~'ato.ral and Techno-
lolrlc~ ~=Iazard~ Division in each
FE1W_A Regional Office, a meetin~ may
be held to agcoml~Li~h this require-
ment.
[4'/FR '/'/1. Jan. '/. 1982, a.~ mended ~t
1~ 4'/51, Feb. 8, 19841
PART 67--APPEALS FROM PRO-
POSED FLOOD ELEVATION. DE-
TERMINATIONS
e'/.[ z:'uz-p~e of Part..
~T.2 Defirdtior~
364