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Copperstone FS-CS 890328 (2)Mr. Jerry Parche', P.E. Jerry P~rche' Consulting Engineers 320 Westway Place, Suite 501 Arlington, Texas 76018 Federal Emergency Management Ag Am Washington, D.C. 20472 IN REPLY REFER IA-RA-RS 44-72B Case No.: 89-06-31R RE: The February 24, 1989 letter from Mr. Russell R. Doyle, P.E., City Engineer for the City of Coppell, to FEMA. Dear Mr. Parche'~ This is in response to the above-mentioned letter requesting that the Federal Emergency Management Agency (FEMA) determine the effects of a proposed flood plain modification in the following community: City of Coppell, Dallas County, Texas (Project: Parks of Coppell) FEMA has initiated a reimbursement procedure to allow for the recovery of costs associated with the review of such requests, thereby reducing the expenses to the general taxpayer. Enclosed for your information is a copy of Part 72 of the National Flood Insurance Program regulations, by which this policy was implemented. We are currently reviewing your request package to determine the appropriate processing procedure. When this initial review is completed, we will inform you of any fee or additional information that may be required to continue the processing of your submittal. Should you have any questions concerning this matter, please contact Matthew B. Miller of our Headquarters staff in Washington, D.C., at (202) 646-3461. Sincerely, Chief, Risk Studies Division Federal Insurance Administration Enclosure cc: Mr. Russell R. Doyle, P.E. FEDERAL EMERGENCY MANAGEMENT AGENCY National Flood In .rance Program Related Regulations Revised as of October 1, 1986 Amendment No.1, June 30, 1987 PART FOR APPROVAL OF MAP CHANGES Sec. 72.1 Purpose of part. 72.2 Definitions. 72.3 Initial fee schedule. 72.4 Submittal/payment procedures and FEMA response. 72.5 Exemptions. 72.6 Unfavorable response. 72.7 Resubmittals. AOTHOSITY: 31 U.S.C. 9701; 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of 1978; E.O. 12127. SnoRer: 50 FR 36028, Sept. 4, 1985, unless otherwise noted. § 72.1 Purpo,~e of part. The purpose of this part is to pro- vide administrative and cost recovery procedures for engineering review and processing associated with the issu- ance of Conditional Letters of Map Amendment (conditional LOMAs) and Conditional Letters of Map Revision (conditional LOMRs). Final LOMAs and LOMRs granted to correct map deficiencies are not subject to this re- imbursement procedure. § 72.2 l)efinition,~. (a) Except as otherwise provided in this part. the definitions set forth in Part 59 of this subchapter are applica- ble to this pa. rt. (b) For the purpose of this part. a Conditional Letter of Map Amen'd- ment (conditional LOMA) is FEMA's comment on a proposed project to be located in and affecting only that por- tion of the area of special flood hazard outs/de the regulatory floodway and having no impact on the existing regu- latory floodway or effective base flood elevations. (c) For the purpose,of this part. a Conditional Letter of Map Hevision (conditional LOMR) will be FEMA's comment on a proposed project that would affect the hydrologic and/or hydraulic characteristics of a flooding source and thus result in the modifica- tion of the existing regulatory flood- way or effective base flood elevations. 72--PROCEDURE AND FEES OBTAINING CONDITIONAL § 72.3 Initial fee schedule. (a) For conditional Letters of Map Amendment. the initial fee shall be paid by the requestor in the following amounts: ( 1 ) Single-lot ............................................. $125 (2) Multi-lo£/subdivision ........................ $175 (b) Pot conditional Letters of Map Revision, the initial fee shall be paid by the requestor in the following amounts: (l) New bridge or culvert (no chan- nelization ) .............................................. $350 (2) Channel modifications only ............ $400 (3) Channel modification and new bridge or culvert ................................... $525 (4) Levees. berms, or other strllctur. al mea.~a res ............................................ $6?5 (C) FOr projects involving combina- tions of the above actions which are not separately identified, the initial fee shall be that charged for the most expensive of the actions comprising the combination. §72.4 Submittal/payment procedures and FEMA response. (a) Initial fees shall be submitted w/th the request for FEMA review and processing of conditional LOMA~ and conditional IA)MRs. (b) Initial fees must be received by PEMA before the review can be initi- ated for any conditional LOMA or con- ditional LOMR request. (c) l~ollowing completion of FEMA review for any conditional LOMA or conditional LOMR, the requestor will be billed at the prevailing private sector labor rate (currently $25.00 per hour) for any actual costs exceeding the initial fee incurred during the review. ( I ) Req uestors of conditional LOMAs will be notified of the antici- pated total cost ii the total cost of processing their request will exceed $500. (2) Requestors of conditional LOMI~ will be notified of the antici- pated total cost if the total cost of processing their request will exceed $1,500. (3) In the event that processing costs exceed the limits defined in para- graphs lc)(1) and (2) of this section, processing of the request will be sus- pended pending FEMA receipt of writ- ten approval from the requestor to proceed. (d) The entity that applies to FEMA through the local community for review will be billed for the cost of the review. The local community incurs no financial obligation under the reim- bursemen£ procedure set forth in this part as a result of transmitting the submittal to PEMA. (e) Payment of both the initial fee and final cost shall be by check or money order payable to the United ~tates Treasury and must be received by i~EMA before the conditional LOMA or conditional LOMR will be i&sued. (f) Pot conditional LOMA request.s, (1) Not/fy the requestor within 30 days a.s to the adequacy of the submit- tal. and (2) Within 30 days of receipt of ade- quate information, provide comment to the requestor on the proposed project. (g) For conditional LOMR requests, FEMA shall: (1) Notify the requestor within 60 days a.s to the adequacy of the submit- iAI, and (2) Within 90 days of receipt of ade- quate information, provide comment to the requestor on the proposed project. § 72.5 Exemptions. Pederal. State. and local govern. ments and their agencies shall be exemfft from fees for projects they sponsor if the requestor certifies that the particular project is for public benefit and primarily intended for flood loss reduction to existing devel- opment in identified flood hazard areas, as opposed to planned flood plain development. §72.6 Unfavorable response. A conditional LOMA or conditional LOMR may be denied or may contain specific comments, concerns, or condi- tions regarding a proposed project or design and its impacts on flood haz- ards in a community. A requestor is not entitled to any refund if the letter contains such comments, concerns, or conditions: or if the letter is denied. A requestor is not entitled to any refund if the requestor is unable to obtain re- quired authorizations, permits, financ- ing, etc., for which the letter wa.~ sought. § 72.7 Resubmittais. Any resut)l~-~.~ request more than 90 days after FEMA notification that a request has been denied or after a review has been terminated due to insufficient information or other rea- sons will be treated a.s an original sub- mission ~nd subject to all submittal/ payment procedures as described in 172.4, including the initial fee. The procedure of § 72.4 including the ini- tial fee, will also apply if the project has been significantly altered in design or scope other than that heres* sary to respond to previously issued comment~, concerns, or conditions by FEMA.