FIRM-920228G�NGY Mgq,9C `�
Federal Emergency Management J I - 2
a
Washington,
D.C. 20472 By: Engineering
yo ob -
FEB 2 8 1992
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 155 -19(F)
The Honorable Alan D. Ratliff
Mayor of the City of Coppell
Dallas and Denton Counties
P.O. Box 478
Coppell, Texas 75019
Dear Mayor Ratliff:
On January 28, 1992, your community was presented a preliminary Flood
Insurance Study (FIS) and Flood Insurance Rate Map (FIRM). That material
makes it appropriate to revise the elevations of the flood having a one-
percent chance of occurrence in any given year (base flood) for certain
locations in the City of Coppell, Dallas and Denton Counties, Texas. Public
notification will be given in the Citizens Advocate on or about March 6, 1992,
and March 13, 1992. A copy of this notification is enclosed. In addition, a
notice of Proposed Base Flood Elevation Determinations will be published in
the Federal Register.
These proposed base flood elevations, if finalized, will become the basis for
floodplain management measures that your community must adopt in order to
remain qualified for participation in the National Flood Insurance Program
(NFIP).
Section 110 of the Flood Disaster Protection Act of 1973 (Public Law 93 -234)
is intended to assure an equitable balancing of all the interests involved in
the setting of flood elevation determinations. The legislation provides for
an explicit process of notification and appeals for the community and for
private persons prior to this office making the final flood elevation deter-
minations. We have outlined the appeal procedure below for your information
at this time. The regulations developed by this agency to implement Section
110 may be found in Part 67 of Title 44 of the Code of Federal Regulations.
Copies of the Act and Regulations are enclosed.
During the 90 -day appeal period following the second publication in the above
named newspaper, any owner or lessee of real property in the community who
believes his property rights will be adversely affected by the base flood
elevation determinations may appeal to you, or to an agency that you publicly
designate. It is important to note, however, that the sole basis for such
appeals is the possession of knowledge or information indicating that the
proposed base flood elevation determinations are scientifically or technically
incorrect. This appeal data must be submitted to the Federal Emergency
Management Agency (FEMA) during the 90 -day appeal period. Only appeals of the
proposed base flood elevations supported by data, can be considered before the
FEMA makes its final determinations at the end of the 90 -day period.
2
Note that the 90 -day period is statutory and cannot be extended. Appeals of
the proposed base flood elevations shall be based only upon scientific and
technical evidence contrary to that of the FEMA study. However, inquiries
regarding data other than the proposed base flood elevations (i.e., incorrect
street names, typographical errors or omissions, etc.), will be considered by
FEMA, and any applicable changes will be made before the revised FIRM becomes
effective.
If your community cannot submit technical data before the end of the 90 -day
appeal period, you may nevertheless submit data at any time. If warranted,
FEMA will again revise the FIRM after the effective date. This means that the
revised FIRM would be issued with the elevations presently indicated, and
flood insurance purchase requirements would be enforced accordingly, until
such time as another revision could be made.
Private persons who wish to appeal should present the data that tend to negate
or contradict our findings to you in such form as you may specify. We ask
that you review and consolidate any appeal data you may receive, and issue a
written opinion stating whether the evidence presented is sufficient to
justify an official appeal on behalf of such persons by the community in its
own name. Whether or not the community decides to appeal, you must send
copies of appeal data from individuals, if any, to this office as they are
received. If we do not receive an appeal from your community in its own name
within ninety days of the second date of public notification, we shall
consolidate and review on their own merits such appeal data from individuals
that you may forward to us. We shall make such modifications of the proposed
elevation determinations as may be appropriate. If the community decides to
appeal in its own name, all individuals' appeal data must be consolidated into
one appeal by you, since, in this event we are required to deal only with the
local government as representative of all local interests. Our final decision
will be in writing to you and copies will be sent to each individual appel-
lant, and to the state coordinating agency.
The appeal resolution process will fully take into account any technical or
scientific data submitted by the community that tend to negate or contradict
the information upon which the proposed determination is based. The appeal
will be resolved by consultation with officials of the local government
involved, or by an administrative hearing, or by the submission of the
conflicting data to an independent scientific body or appropriate Federal
Agency for advice. The method for resolution will be determined by FEMA. The
reports and other information used in making the final determination will be
made available for public inspection. Until any conflict of data is resolved,
and until the revised FIRM becomes effective, flood insurance previously
available within the community shall continue to be available under the
currently effective FIRM, dated October 16, 1991. The decision by the
community to appeal, or a copy of its decision not to appeal, should be filed
with this office no later than ninety days following the second publication of
the notice in a newspaper with local circulation.
FEDERAL EMERGENCY MANAGEMENT AGENCY
FEDERAL INSURANCE ADMINISTRATION
Proposed Flood Elevation Determinations
AGENCY: Federal Emergency Management Agency
ACTION: Proposed rule.
SUMMARY:
Technical information or comments are solicited on the proposed modified
base (100 -year) flood elevations shown on your community's preliminary Revised
Flood Insurance Rate Map (FIRM). These base (100 -year) flood elevations are
the basis for the floodplain management measures that the community is
required to either adopt or show evidence of being already in effect in order
to qualify or remain qualified for participation in the National Flood
Insurance Program (NFIP). The proposed base flood elevations modify the base
flood elevations shown on your community's presently effective FIRM.
DATES:
The period for comment will be ninety (90) days following the second
publication of this proposed rule in a newspaper of local circulation in the
community.
ADDRESSES:
Preliminary FIRMS showing the proposed modified base flood elevations
and their delineation are available for review at the Coppell City Hall, 255
Parkway, Coppell, Texas.
Send comments to:
The Honorable Alan D. Ratliff
Mayor of the City of Coppell
Dallas and Denton Counties
P.O. Box 478
Coppell, Texas 75019