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Gibbs Station 2-CS 931117 The City With A Beautiful Future 214-462-0022 November 17, 1993 Mr. Bill Anderson Dowdey, Anderson and Associates, Inc. 16250 Dallas Parkway Suite 100 Dallas, TX 75248 RE: Floodplain Data Gibbs Station Phase II Dear Mr. Anderson: I have received and reviewed the information submitted to my office for correction to the October 15, 1993 proof map. The information submitted indicates that there is possibly an error in the proof map based on elevation of existing land. This will require the issuance of a Letter of Map Amendment (LOMA) from the Federal Emergency Management Agency (FEMA). I have contacted the regional office of FEMA concerning the issuance of a LOMA on a proof map. The response is that a LOMA cannot be issued on a proof map. In essence, the official map of the City of Coppell is still the October 16, 1991 map. That map does not show this portion of Gibbs Station Phase II in a floodplain area. It is my understanding that the proof maps will become official on April 15, 1994. At that time, a portion of Gibbs Station Phase II will be shown in the floodplain. Once that happens, you will need to submit information directly to FEMA requesting a multi-lot LOMA for the removal of that portion of Gibbs Station Phase II shown in the floodplain. With this letter, I am including guidelines from FEMA on how to accomplish the issuance of a LOMA for this property. It is important to note that this does not take community involvement but can be handled between yourself and FEMA. Based on my conversations with FEMA, at this time the City of Coppell will consider the floodplain status of Gibbs Station Phase II as shown on the October 16, 1991 effective map. If you should have any questions concerning this issue please feel free to contact me at your convenience. Sincerely, Kenneth M. Griffin, P.E. City Engineer file/kgriffin/gbsstaii, ltr FI~-.. 2/January 1990 Supersedes FIA - 12/September 1985 FEDERAL EMERGENCY MANAGEMENT AGENCY Appeals, Revisions, and Amendments to Flood Insurance Maps A GUIDE 'FOR COMMUNITY OFFICIALS Chapter 6 The following determinations may be made for Amendments structures and parcels of land under the map amendment process: The accuracy of the floodplain boundaries · Out of the SFHA as shown on the shown on the NFIP maps depends, in part, on the effective FEMA map. No amendment to scales at which the maps are prepared and by the map is necessary. the accuracy of available topographic data. Map , users may find it difficult to determine whether · Out of the SFHA because the structure or a specific structure or parcel of land is within the parcel of land is above the BFE SFHA. Also, small areas of high ground may be (inadvertent inclusion). FEMA will issue included in the SFHA because they are too small a LOMA to exclude the existing structure to be shown to scale. When this happens, or the parcel of land from theSFHA. structures or parcels of land may be inadvertently included in the SFHA when the · In the SFHA because the structure or map isprepared, parcel of land is below the BFE. If necessary, FEMA will issue a LOMA to Because the requirement for the purchase of include the structure in theSFHA. flood insurance and the Federal and local regulations governing construction in the SFHA Only the effective NFIP map may be amended by are important to persons who own or plan to a LOMA. build structures, FEMA has developed the map amendment process. Under this process, How to Request an Amendment property owners may request that FEMA determine whether specific structures or legally described parcels of land are in the SFHA and, if Any owner or lessee of property may request necessary, issue a Letter of Map Amendment that a determination be made concerning a (LOMA). structure or parcel of land and that, if necessary, FEMA issue a LOMA. Because such requests concern structures and parcels of land that were Background inadvertently included in the SFHA and do not involve recent alterations of topography or Under the map amendment process, FEMA will result in significant changes to the flooding make determinations for single or multiple information depicted on the NFIP map, theymay structures on one or more lots and for parcels of be submitted directly to FEMA and are not land that can be legally described. In making subject to the review and approval of the such determinations, FEMA will use the best community. However, if the structure or land available data (usually the effective NFIP map) was also included in a floodway, removal of the and information provided by the requestor structure or land from the floodway must be concerning the locations and elevations of with community concurrence and is structures or the locations and elevations of accomplished under the map revision process. legally described parcels of land. (see Chapter 4.) The map amendment process is applicable only Requests for determinations concerning to requests for determinations based on multiple structures on multiple lots should be topographic conditions that existed on the sent to the FEMA Headquarters office at the effective date of the first NFIP map that showed following address: the structure or parcel of land to be within the SFHA. All other requests for determinations will Federal Emergency Management Agency be processed as requests for Map Revisions. (See Federal Insurance Administration Chapter 4.) Office of Risk Assessment Technical Operations Division 500 C Street, SW., Room 422 Washington, D.C. 20472 35 Requests for determinations concerning single 5. A signed statement asserting the structures on single lots and parcels of land accuracy of the information submitted should be sent to the appropriate FEMA Regional Office for processing. The Regional General Technical Guidance Offices and their addresses are listed in Appendix D. When developing technical supporting data, the requestor should consider the following points: Required Supporting Data · If an entire legally described parcel of The requestor must provide data that are land is shown to be inadvertently sufficient to allow FEMA to verify the location of included in the SFHA, the LOMA will be the structure or parcel of land and that the issued fortheparcel. structure or parcel of land is not subject to inundation during the base flood. For · If the request is for more than one lot or determinations for structures, the following structure, the requestor must provide an data must be submitted : effective FIRM or FHBM, or a photographic copy of it, on which the · A copy of the recorded deed with the legal metes and bounds of the property, legal description of the property and the including each lot, have been drawn as deed book volume and page number, accurately as possible. The map bearing the seal of the Recorder of submitted must bear the seal of a Deeds registered professional engineer or licensed land surveyor to certify that the · A copy of the recorded plat showing property is correctly located on the NFIP both the location of the property and map based on the legal description of the plat book volume and page number, the property. bearing the seal of the Recorder of Deeds. If the property is not recorded on If a floodplain boundary runs through a a plat map, the requestor must provide lot or tract of property, the location(s)of copies of a tax map or other suitable the structure(s) on the lot or tract should maps to help FEMA accurately locate the be accurately drawn. A photocopy of property, the NFIP map is unacceptable because the size of the map may be distorted. · A topographic map, certified as-built by a registered professional engineer or · In some instances, FEMA may need licensed land surveyor, showing additional data to make a structure locations (if applicable), determination. These data may consist ground elevations, and the elevations of of, but are not limited to, certifications the lowest finished grades adjacent to by a registered professional engineer or the structures (if applicable). If the licensed land surveyor as to the type of request concerns an undeveloped parcel structure and whether it is elevated on of land, the submitted data must include posts, piers, pilings, or frontal sand the elevation of the lowest ground point dunes, or a hydraulic analysis of the within the parcel, flooding conditions. · Data to substantiate the BFE. These data · To support a request involving fill that may be taken from an authoritative was placed before the effective date of source, such as the COE, USGS, SCS, any the first NFIP map showing the structure other Federal agency; State and local or parcel of land to be within the SFHA, a water resource or planning requestor may be required to submit a departments, a FEMA FIS, or information prepared by a registered professional engineer. 36 certification to that effect. This · Structures that have been elevated certification may be made by a above the BFE on posts, piers, or pilings community official, registered cannot be excluded from the SFHA if any professional engineer, or licensed land portion of the structure (including the surveyor, posts, piers, or pilings) is still in the SFHA. · When the effective NFIP map is an · If a structure and/or parcel of land has FHBM, BFEs will not be shown. The been inadvertently included in both the requestor may either determine an SFHA and the regulatory floodway, it approximate BFE using standard will be excluded from the SFHA and engineering techniques or request that floodway by a LOMR under the map FEMA determine an approximate BFE. revision process rather than by a LOMA. FEMA will either check the BFE (See Chapter 4.) determined by the requestor or, if necessary, determine an approximate · Neither structures nor parcels of land BFE using the supporting data for the will be removed from an alluvial fan FHBM or the best available data. SFHA-- usually designated Zone AO, with a depth and a velocity shown -- When a Preliminary or Revised regardless of the elevations of the Preliminary FIRM has been issued and lowest floor, lowest adjacent grade, or the BFEs shown on the FiRM have been lowest grade point. No determinations made final by FEMA0 those l]FEs must be can be made for such structures or used as best available data. parcels of land unless it is demonstrated through the map revision process · When the effective NFIP map isa FIRM, (Chapter 4) or the appeal process FEMA will base the determination (Chapter 3), as appropriate, that alluvial concerning the structure or parcel of fan flood hazards do not exist at the site land on the BFEs shown on the FIRM. in question. Determinations cannot be made using other flood elevations, unless FEMA first · Neither structures nor parcels of land revises the effective FIRM to incorporate will be removed from an SFHA subject to the new elevations. (See Chapter 4.) velocity hazards, designated Zone V 1 - V30, VE, or V, regardless of the · When the effective FIRM shows an elevations of the lowest floor, lowest average depth of flooding rather than a adjacent grade, or lowest grade point. BFE, the determination will be made by No determinations can be made for such comparing the elevation of the lowest structures or parcels of land unless the grade adjacent to the structure to the zone designation is changed. Changes elevation of the surrounding terrain to zone designations shown on effective where sheetflow would be conveyed. If maps are made under the map revision the difference in these elevations is process(Chapter4). equal to or greater than the flood depth shown on the effective FIRM, such that When a new or revised NFIP map becomes floodwaters cannot be conveyed to the effective for a community, that map supersedes structure, the structure can be excluded all LOMAs previously issued for properties in from the SFHA. that community. Once a LOMA has been superseded, it is no longer effective. Therefore, · When the SFHA on an effective FIRM is a requestor who wishes a previously issued designated Zone A, no BFEs are shown. LOMA to remain in effect must request that it be In this situation, a BFE may be re-issued. FEMA will base its determination determined by the same method as that concerning such requests on the latest effective used when the effective NFIP map is an NFIP map. If that map presents new flood FHBM. hazard information for the area where the property in question is situated, the 37 determination stated in the previously issued data will be sent to the requestor. This letter will LOMA could be modified, allow the requestor 30 more days to provide the necessary data. If the data are not provided When FEMA is preparing and intends to publish within the allotted time, FEMA will generally a new or revised NFIP map for a community, with suspend the processing of the request. If the flood risk data developed by a map revision requested data are provided, FEMA will requestor or by FEMA as part of an FIS or RFIS, complete its review and issue the appropriate FEMA may receive a request for a LOMA based LOMA. on a portion of those data. FEMA can issue a LOMA on the basis of such data but only as Generally, single-lot and single-structure LOMAs described below, will be issued within 4 weeks of the date that all the required supporting data are received. ® If the LOMA request involves property Multiple-lot and multiple-structure LOMAs will shown in an SFHA designated Zone'A or generally be issued within 8weeks of that date. Zone V on the effective NFIP map, the LOMR can be issued as soon as FEMA has When FEMA determines, from the legal determined that the new flood risk data description or recorded plat, that the structure are the best available for the area in or parcel of land is outside the SFHA shown on question, the effective NFIP map, a LOMA will be issued stating that the structure or parcel is "out as ® If the LOMA request involves property in shown." an SFHA designated Zone Al-A30, AE, AH, AO, Vl-V30, or VE on the effective When the elevation of the lowest grade NFIP map, the LOMA will not be issued adjacent to the structure or the elevation of the until the new or revised map has been lowest portion of a parcel of land is determined issued in preliminary form, an appeal to be at or above the effective BFE, FEMA will period has been held, all appeals have issue a LOMA stating that the effective map has been resolved, and a final BFE been amended and that the structure or parcel determination hasbeenmade, of land has been excluded from the SFHA. Otherwise, the LOMA will state that the In either case, however, the restrictions structure or parcel of land is below the BFE and, described previously in this chapter for therefore, intheSFHA. properties in Zones Vl-V30, VE, or V and properties in alluvial fan SFHAs would still apply. A prevalent determination for both a LOMA and (See the section entitled "General Technical a LOMR-Based on Fill is the "Partially Inundated Guidance.") Structure Exempt" determination. This determination means the structure has been Map Amendment Procedures found to be above, and therefore out of, the SFHA. However, the rest of the parcel of land is still subject to flooding and is still in the SFHA. After a request has been received, FEMA will acknowledge receipt of the request by letter to Therefore, any future improvements to that the requestor. The acknowledgment letter will parcel would require an additional map change be accompanied by a checklist that identifies any request. basic data the requestor may have neglected to submit. If sufficient data have been provided When an effective NFIP map is amended by a LOMA, the amendment is effective as of the with the request, FEMA will review the request date of the LOMA. Copies of LOMAs that amend and the supporting data. If any questions or problems arise during this review, FEMA will an effective map are sent to the CEO of the work with the requestor to resolve them. affected community, the State coordinating agency, and the Regional Office. If the missing data identified on the checklist are not provided within 30 days of the date of the acknowledgment letter, a letter requesting the 38