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Copperstone FS-CS 890331TO: · _ CITY OF COPPELL 255 PARKWAY BLVD. P. O. BOX 478 WE ARE SENDING YOU [ ~Attached [ ] Mark Up Plans [ ] Copy of Minutes [ ] Change order [ ] Under Separate Cover via t~he following items: [ ] Plans [ ] Prints , etter Specmca,=ions [ ] COPIES DATE NO . DESCRIPTION THESE ARE TRANSMITTED as checked below: [ ] For Your Use [ ] As Requested [ ] For Review & Comment [ ] Returned for Corrections ~ Resubmit ~'f~for Approval [ ] Return Corrected Prints RE~ARKS: [ ] Approved as Noted [ ] Approved as Submitted [ ] Note & Reply To: " [ ] Note & Forward To: [ ] Submit Copies for Distribution [ ] Return Markup Plans with Corrections COPY TO: SIGNED: Federal Emergency Management Agency ~'c: Pocgdl Washington, D.C. 20~72 FILE COPY Mr. Jerry Parche', P.E. Jerry parche' Consulting Enginee 320 Westway Place, 8uite 501~ Arlington, Texas 76018 /c~(~ ~' Z; , : ' RE: The February 24, 1989 letter from Mr. Russell R. Doyle, P.E., City Engineer for the City of Coppell, to FEMA. Dear llr. 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) 646-34fi~. Sincerely, Chief, Risk Studies Division Federal Insurance Administration Enclosure cc: Mr. Russell R. Doyle, P.E. RECEIVE. O HAR 3 0 1989 FEDERAL EMERGENCY MA~J~GEMENT AGENCY National Flood Insurance Program a_nd Related Regulations Revised as cf October 1, 1986 Amendment No.1, June 30, 1987 PART 72--PROCEDURE AND FEES FOR OBTAINING CONDITIONAL APPROVAL OF MAP CHANGES V2.1 Purpose of part. 72.2 Definitions. 72.3 Initial fee schedule. 72.4 Submittal/payment procedures and FEMA response. 72.$W--xemptions. ?2.8Unfavorable response. '/2.7 Resubmittals. AUTHORZTY: 31 U.S.C. 9701:42 U.S.C. 4001 et seq,: Reorganization Plan No. 3 pt 1978: le-.O. 12127. E~URCE: 50 F~ 36028, Sept. 4, 1985. unless otherwise noted. ~ 72.1 Purpose of part. The purpose of this part is to pro- vide administrative and cost recovery procedures for engineering review and processing a.~sociated with the issu- ance of Conditional Lette~ of Map Amendment (conditional LOMAs) and Conditional Letters of Map Revision (conditional LOMas). Pinal LOMAs and LOMRs granted to correct map deficiencies are not subject to this re- imbursement procedure. ~ 72.2 l)efinilionn. (al Except Rs otherwise provided in this part. the definitions set forth in Part 59 of this subchapter are applica- ble to this part. (b) For the purpose of this part. a Conditional Letter of Map Amentl. meat (conditional I.OMA) is FEMA's comment on a proposed project to be located in and affecting only that por. Lion of thc area of special flood hazard outside 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 Revision (conditional LOMR) will be F'EMA'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. Lion of the existing regulatory flood- way or effective base flood elevations. § 72.3 Initial fee .~hedule. (a) For conditional Letters or Map Amendment. the initial fee shall be paid by the requestor in the followinR amounts: ( 1 ) 81hale-lot ............................................. $125 (2) Mu Itl- lot/subdivision ........................ 1175 (b) For conditional Letters of Map Revision, the initial fee shall be paid by the requestor In the following amounL~: (!~ New bridRe or culvert {no ch~n- neli~Uon) .............................................. ~150 (2) Cha~mel medfflcatio~_s only ............ $400 (3) Channel modilkatton and new bridRe or culvert ................................... $$~ (4) Levees. berms, or other stfl~ctur. al mettxu res ............................................ $875 (c) For projects involving combina- Lions 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. 172.1 Submittal/payment procedures and FEMA response. (a) Initial fees shall be submitted with the request for FEMA review and processing of conditional LOMAs and conditional LOMI~. (b) Initial fees must be received by FEMA beIore the review can be In(ti- ated for any conditional LOMA or con- ditional LOMR request. (c) Following 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 cost~ exceeding the initial fee incurred during the review. (1) Requestors of conditional LOMAs will be notified of the antici- pated total cost if the total cost of processing their request will exceed $500. (2) Requestors of conditional LOMRs 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 (el(l) 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- bursement procedure set forth in this part u a result of transmitting /he submittal to FEMA. (el Payment of both the initial fee and final cost shall be by check or money order payable to the United States Treuury and must be received by FEMA before the conditional IX)MA or conditional LOMR will be Issued. if) For conditional LOMA requests, ~ shall: (1) Notify the requestor within 30 days as 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. cg) For conditional LC)MR requests, FEMA shall: (1) Notify the requestor within 60 days a~ to the adequacy of the submit.. tel. and (2) Within 90 days of receipt of nde. quate information, provide comment to the requestor on the proposed project. ! 72.5 Exemptions. Federal, State. az~d loc~! govern- merits ~nd their a~encles shall be exempt 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 impact~ on flood haz- arch 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 was sought. §72.7 Resubmittals. Any resubmittal of a 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 as an original sub- mission and subject to all submittal/ payment procedures as described in ~ 72.4, including the initial fee. The procedure of ~ 72.4 including the ina- Ual fee, will also apply if the project has been si~niflc~.ntly altered in design or scope other than that neces- sary to respond to previously issued comments, concerns, or conditions by FEMA.