Parks Coppell FS-CS 881121 Federal Emergency Management Agency
.,~.'," Washington, D.C. 20472
IN REPLY REFER TO:
Mr. Jerry Parche, P.E. . , i! i'.. '
Jerry Parche Consulting Engineers ~.:.
6001 W. Interstate 20 /'f" NOV ~
Suite 209, LB 32
Arlington, Texas 76015
RE: Your October 6, 1988 letter regar ~in recl~r, ation
project along Cottonwood Branch and Denton Creek.
Dear Mr. Parch~:
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 tb.e following community:
City of Coppell, Texas
F?.-~!A has initiated a reimbursement procedure to allow for the recovery of
costs associated with t~he 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 pack.age to determine t~he 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
~nclosure
cc: Mr. Russell R. Doyle, P.E., City Engineer for the City of Coppell.
FEDERAL EMERGENCY MANAGEMENT AGENCY
Revised as of October 1, 1986
Amendment No.1, June 30, 1987
National Flood Insurance Program
and Related Regulations
§ 72.3
,~ 72.1 Purpose nf 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 Cond-itionai 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 sulSject 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 part.
(b) For the purpose of this part. a
Conditional Letter of Map Amend-
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
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 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.
§ 72.3 Initial fee schedule.
(a) For conditional Letters of Map
PART ?2--PROCEDURE ANt) FEES Amendment, the initial fee shall be
FOR OBTAINING CONDITIONAL paid by the requestor in the following
APPROVAL OF MAP CHANGES amounts:
( 1 ) Single-lot ............................................. $125
Sec. (2) Multi-lot/subdivision ........................$175
72.1 Purpose of part. (b) For conditional Letters of Map
72.2 Definitions. Revision. the initial fee shall be paid
'/2.3 Initial fee schedule, by the requestor in the following
72.4 Submittal/payment procedures and amounts:
PEMA response.
72.5Exemptions. (I) New bridge or culvert (no chan-
T2.6 Unfavorable response, nelization) .............................................. $350
72.7 Resubmittals. (2) Channel modifications only ............ $400
(3) Channel modification and new
AtrrHORITY: 31 U.S.C. 9701:42 U.-%C. $,001 "~oridge or culvert ................................... $525
et seq.; Reorganization Plan No. 3 of 1978; (4) Levees. berms, or other structur-
E.O. 12127. al measures ............................................ $675
SOURC£: 50 I:~ 36028. Sept. 4. 1985. unless (C) For projects involving combina-
otherwise noted, tions of the above actions which are
313
'Fda- 154 O--8~ ! 1
§ 72.4 44 CFR Ch. I (10-1-86 Edition)
not separately identified, the initial ¢1) Notify the requestor within 30
fee shall be that charged for the most days as to the adequacy of the submit-
expensive of the actions comprising tal, and
the combination. (2) Within 30 days of receipt of ade-
quate information, provide comment
{}72.4 Submittal/payment procedures and to the requestor on the proposed
FEMA response, project.
(a) Initial fees shall be submitted (g) For conditional LOMR requests,
with the request for FEMA review and FEMA shall:
processing of conditional LOMAs and (1) Notify the requestor within 60
conditional LOM:Rs. days as to the adequacy of the submit-
(b) Initial fees must be received by tal, and
FEMA before the review can be initi- (2) Within 90 days of receipt of ado-
ated for any conditional LOMA or con- quate information, provide comment
ditional LOMR request, to the requestor on the proposed
(c) Following completion of FEMA project.
review for any conditional LOMA or § 72.5 Exemptions.
conditional LOMR, the requestor will
be billed at the prevailing private Federal, State, and local govern-
sector labor rate (currently $25.00 per merits and their agencies shall be
hour) for any actual costs exceeding exempt from fees for projects they
the initial fee incurred during the sponsor if the requestor certifies that
review, the particular project is for public
(1) Requestors of conditional benefit and primarily intended for
LOMAs will be notified of the antici- flood loss reduction to existing devel-
pated total cost if the total cost of opment in identified flood hazard
processing their request will exceed areas, as opposed to planned flood
$500. plain development.
(2) Requestors of conditional § 72.6 Unfavorable response.
LOMRs will be notified of the antici-
pated total cost if the total cost of A conditional LOMA or conditional
processing their request will exceed LOMR may be denied or may contain
specific comments, concerns, or condi-
$1,500. tions regarding a proposed project or
(3) In the event that processing costs design and its impacts on flood haz-
exceed the limits defined in para- ards in a community. A requestor is
graphs (c)(1) and (2) of this section, not entitled to any refund if the letter
processing of the request will be sus- contains such comments, concerns, or
pended pending FEMA receipt of writ- conditions, or if the letter is denied. A
ten approval from the requestor to requestor is not entitled to any refund
proceed, if the requestor is unable to obtain re-
(d) The entity that applies to FEMA quired authorizations, permits, financ-
through the local community for lng, etc., for which the letter was
review will be billed for the cost of the sought.
review. The local community incurs no
financial obligation under the reim- §72.7 Resubmittals.
bursement procedure set forth in this Any resubmittal of a request more
part as a result of transmitting the than 90 days after FEMA notification
submittal to FEMA. that a request ha~ been denied or after
(e) Payment of both the initial fee a review has been terminated due to
and final cost shall be by check or insufficient information or other rea-
money order payable to the United sons will be treated as an original sub-
States Treasury and must be received mission a_nd subject to all submittal/
by FEMA before the conditional payment procedures as described in
LOMA or conditional LOMR will be § 72.4, including the initial fee. The
issued, procedure of § ?2.4 including the ini-
(f) For conditional LOMA requests, tial fee, will also apply if the project
i~EMA shall: has been significantly altered in
314
Federal Emergency Management Agency
design or scope other than that neces-
sary to respond to previously issued
comments, concerns, or conditions by
I~EMA.
315