Riverview Estates-CS 921110MEMO
TO:
FROM:
SUB.I'ECT:
DATE:
Alan D. Ratliff, City Manager
Kenneth M. Griffin, P.E., City Engineer
Johnny Thompson Property on Sandy Lake Road
(Approximately :~S Acres)
November 10, 1992
Mr. Thompson has recently made inquiries of the Engineering Department concerning the filling
of his property on the south side of Sandy Lake Road west of the Elm Fork of the Trinity River.
It appears that in 1983, Mr. Thompson received confirmation from FEMA that the property was
not in a designated floodplain. It appears that the on-the-ground elevations provided to FEMA
by Mr. Thompson in 1983, indicated that the property was anywhere from a half to a foot or so
above the floodplain elevations, at that time. The process whereby FEMA concurred with the
removal of this property from the floodplain is a mechanism that they call a "map amendment".
A map amendment is different from a map revision. Map revisions are used when the actual
floodplain has been revised due to fill or a proposed project, which could involve reclamation.
A map amendment is utilized when an error has been made in the maps and the property in
question is not actually in the floodplain. FEMA can make that determination when better
information is provided. In the case of Mr. Thompson's property, better information was
provided in 1983 that showed that, in fact, his property was above the base flood elevation at that
time. Please keep in mind that the base flood elevations on the FIRM maps are based on existing
conditions at that point in time.
Since 1983, our floodplain maps have gone through several revisions and are currently again
under revision. The current 100-year flood elevation across Mr. Thompson's properly has
increased approximately 2 foot during that time. His property is now considered to be in a
floodplain. If he had filled his property in 1983 to an elevation less than 445, then he would
again be needing to fill his property prior to development, and he would still need to go through
our current floodplain permit requirements. However, Mr. Thompson has not completed the
filling of his property. He has stated that he has had an on-going filling operation on the
property when he has had excess dirt to spoil.
I have spoken to a representative from FEMA and have been told that when a new or revised
floodplain insurance map becomes effective for a community, that map supersedes all Letters of
Map Amendments (LOMA) previously issued for properties in the community. Once the LOMA
has been superseded, it is no longer effective. If a property owner wishes a previously issued
Memo to Alan D. Ratliff, City Manager
November 10, 1992
Page 2
LOMA to remain in effect, he must request that it be reissued. I have spoken with the FEMA
representative concerning this. It was his opinion that the LOMA would not be reissued on Mr.
Thompson's property because his property, quite obviously, is below the current-base floodplain
elevation on our effective maps.
Mr. Thompson does not have a permit from the City to fill his 25-acre property on Sandy Lake
Road. He will need to go through our floodplain development permit process and provide studies
and technical data to show what effect the filling of his property will have on the floodplain
elevations. The study will be reviewed by an outside consultant retained by the City, but paid
by Mr. Thompson, and it will be reviewed and approved by FEIMA, prior to authorization of any
filling on the property. Mr. Thompson has indicated that, in his opinion, he does have a legal
fill permit, and he will continue filling his property in the hopes that the City will issue citations
so that this can go to court and be resolved in a court of law.
My opinion is that Mr. Thompson does not have a valid fill permit and does need to be in
compliance with our Floodplain Development Ordinance. I would be happy to discuss this
opinion with you at your convenience.
KMG/bd
adrthomp