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Thompson, Johnny-CS 890124 CITY OF COPPELL '-- (214) 462-0022 A~E~N: / To Johnny Thompson P.o Box 11036 Carrollton Texas 75011 / WE ARE SENDING YOU [~/] Attached [ ] Under Separate Cover via /<~'/ the folloving items: [ ] Mark Up Plans [ ] Plans [ ] Prints [ ] Copy of Minutes [ ] Copy of Letter [ ] Specifications 60PIES DATE NO. DESGRIPTtON THESE ARE TRANSMITTED as checked below: [ w~] For Your Use [ ] Approved as Noted [/'] As Requested [ ] Approved as Submitted [ ] For Review & Comment [ ] Note & Reply To: [ ] Returned for Corrections [ ] Note & Forward To: [ ] Resubmit Copies for Approval [ ] Submit Copies for Distribution [ ] Return Corrected Prints [ ] Return Markup Plans with Corrections REMARKS: Federal Emergency Manageme tu Washington, D.C. 20472 ~ ' October 1988 CONDITIONS AND CRITERIA FOR LETTERS OF MAP A~ENDMENT (LOMAs) These conditions and criteria set forth the policy of the Federal Emergency Management Agency (FEMA) concerning requests to determine whether a struc- ture(s) or proposed structure(s), or a legally definable parcel of land, has been inadvertently included in a Special Flood Hazard Area (SFHA) as shown on a Flood Insurance Rate Map (FIRM) or Flood Hazard Boundary Map (FHBM). In order for FEMA to issue a Letter of Map Amendment (LOMA) under the NFIP regulations (44 CFR Part 70)., a property owner should submit documentation to satisfy the criteria set forth below. Compliance with these criteria will result in the issuance of a LOMA, which will remove the property from the SFHA, and amend the currently effective F~MA map. A LOMA will only be issued if the elevations of the parcel of land or of the ground surrounding the structure(s) have not been altered by fill placed since the effective date of the first NFIP map designating the SFHA. 1-1 Definitions: The terms used in this document have the same meaning as those defined in Part 59.1 of the NFIP regulations at 44 CFR 59 et seq. SFHAs comprise all lands subject to inundation by the flood having a one-percent chance of being equaled or exceeded in any given year--hereafter called the base flood. This flood's elevation is called the Base (100-year) Flood Elevation (BFE) and is measured in feet above a given datum--e.g., the National Geodetic Vertical Datum of 1929 (NGVD). A parcel of land is that which is legally defined by townships and ranges, metes and bounds, or subdivision plats which can include blocks and lots. 1-2 Criteria for Amendment and Technical Supporting Data Required: Ail requests for LOMAs must be supported by sufficient technical data to demonstrate that the entire legally defined parcel of land or the struc- ture(s) are not subject to inundation by the base flood. This consists of proving that the lowest grade adjacent to the structure(s) or the elevation of the entire lot is at or above the BFE. The following documentation should be submitted to aid FEMA in processing each LOMA request: a. A copy of the recorded deed indicating the legal description of the property and the official recordation information (deed book volume and page n-mher) and bearing the seal of the Recorder of Deeds. b. If a property is recorded on a plat map, a copy of the recorded plat indicating both the location of the property and the official record- ation information (plat book volume and page number) and bearing the seal of the Recorder. If the property is not recorded on a plat map, copies of the tax map or other suitable maps are required to aid FEMA in accurately locating the propsrty. -2- c. A topographic map showing ground elevation contours in relation to the NGVD of 1929, the location of the structure(s), and the elevation of the lowest adjacent grade to the structure(s). This information must be certified by a registered professional engineer or licensed land surveyor. FEMA's determination as to whether a structure can be removed from the SFHA will be based upon a comparison of the elevation of the lowest adjacent grade with the elevation of the base flood. If the lowest adjacent grade is at or above the elevation of the base flood, the structure may be removed from the SFHA. For an unimproved legally defined parcel of land, the entire parcel must be at or above the BFE to be removed from the SFHA. d. Data to substantiate the BFE (100-year flood elevation). If FEMA has completed a Flood Insurance Study (FI$), that data will be used. If FEMA has not completed an FIS, data should be obtained from an authoritative source such as ~he U.S. Army Corps of Engineers, U.S. Geological Survey, U.S. Soil Conservation Service and other Federal agencies, state and local water resource departments, or a registered professional engineer. If BFEs have not previously been established on the F~A maps, hydraulic calcuiations may also be available from the above authoritative sources. FEMAmaps are available for review at all participating local government offices (generally in the Planning or Public Works Departments). You should submit a non- reduced photocopy of the part of the Fk~4A map that covers the property and includes the panel number and date of the original map. e. A signed copy of the statement asserting the accuracy of ~he infor- mation submitted (form entitled "Request for Letter of Map Amendment"). f. If the request is for more than one lot or structure, then an of- ficial currently effective F~A map (FIRM or FHBM), or photographic copy, on which the legal metes and bounds of the property, including each lot within a subdivision, have been drawn as accurately as possible, is required. The map submitted must bear the seal of a licensed land surveyor or registered professional engineer to certify that the property is correctly located on the F~A map based on the legal description of the property. Any lot or tract of property that has a flood boundary running through the bounds of that lot should also have an accurately drawn location of the structure(s) shown on the lot. A reproduction made from a photocopy of the FEMA map is unacceptable since the size of the map may be distorted. g. In certain instances, additional data may be required for F~4A to make a determination. These may consist of, but not be limited to, certifications by registered engineers or land surveyors as to the type of structure and whether it is elevated on posts, piers, pil- ings, or barrier sand dunes; hydraulic calculations on the flooding condition; or development plans indicating dates and extent of fill placement. .. 1-3 Conditional LOMAs Conditional LOMAs may be issued for proposed structures on land which is partially inundated by the base flood. It must be shown that the struc- ture(s) will be located on natural high ground, or on compacted fill placed prior to the effective date of the first NFIP map designating the SFHA, on the portion of land that has been inadvertently included in a SFHA. After construction is completed, certified as-built information must be submitted to FEMA for the purpose of ~btaining a LOMA. The information required for a Conditional LOMA is basically the same as that for a LOMA. F~A has initiated a reimbursement procedure to allow for the recovery of costs associated with the review of requests for Conditional LOMAs only, thereby reducing the expense to the general taxpayer. Further infor- mation regarding this procedure is located in the regulation, published at 44 CFR Part 72. Property owners and developers should note that a Conditional LOMA merely provides a comment on the proposed plan and does not amend the map. It also does not relieve Federal agencies of the need to comply with Execu- tive Order 11988 on Floodplain Management in carrying out their respon- sibilities for providing federally undertaken, financed, or assisted construction and improvements or in their regulating and licensing activities. 1-4 Criteria for Removing Floodplain Designation As previously stated, individuals furnishing technical data which indi- cates that the elevation of the lowest adjacent grade to the structure(s) is at or above the BFE, and that the structure is located on natural high ground or on fill placed prior to the effective date of the first NFIP map designating the SFHA, can normally have the structure removed from the floodplain on the map. There are, however, several special considerations which provide exceptions to this rule. Special Considerations: (1) Sheet Flow Flooding (A0 Zones) In some cases, LOMAs can be issued under Part 70 procedures of the NFIP regulations for property located in areas of sheet flow flooding (A0 Zones). Often, however, hydrologic and hydraulic conditions preclude application of the criteria contained in 44 CFR Part 70 and, therefore, these requests must be processed under Part 65 procedures. (2) Floodways LOMAs will not be issued under Part 70 procedures of the NFIP regu- lations for property located in a designated or anticipated regula- tory floodway. The floodway is the channel of a river or other - 4 - watercourse that must be reserved to efficiently carry the floodwaters. Appeals of floodway designations should be directed to community officials because the floodway is designated and adopted by the community. (3) Elevated Structures Buildings ~hat have the lowest floor elevated on posts, piers, or pilings above the BFE in the SFHA will not be removed from the SFHA if any portion of the structure (i.e., posts or piers) is still in the SFHA. (4) Coastal High Hazard Areas LOMAs will not be issued under Part 70 procedures of the NFIP regula- tions for property located in a designated or anticipated coastal high hazard area subject to wave action (V Zone). Individuals who believe that their property has been incorrectly designated in a coastal high hazard area, and is not subject to wave effects, can request a zone change under Part 65 procedures of the NFIP regulations. Technical data supporting their contentions should be submitted through the community for consideration by F~A. Once the zone has been changed, a LOMA request will be considered. (5) Alluvial Fan Areas LOMAs will not be issued under Part 70 procedures of the NFIP regula- tions for property located in areas of alluvial fan flooding. Com- munity officials can request a zone change for property included in an alluvial fan area under Part 65 procedures of the NFIP. (6) Levees LOMAS will not be issued under Part 70 procedures of the NFIP regu- lations for property protected by a levee, except when the property has been inadvertently included in local drainage flooding desig- nated on a FEMAmap within the protected area. Community officials can request a zome change as a result of the construction of a levee under Part 65 procedures of the NFIP. 1-5 FEMA Evaluation and Response Upon receipt and evaluation of the required data by F~"~A, the individual(s) making the inquiry will be notified of our findings. Should a review of the evidence indicate that a change in FEMA maps is needed, a LOMA will be issued with copies going to the state coordinating agency and the community. The time required for FEMA to review requests for LOMAs will -- 5 generally depend on the quality and completeness of the data submitted. Requests are usually evaluated within four (4) to eight (8) weeks of the receipt of all technical data required to review the case. 1-6 Insurance Purchase and Premium Refunds After Issuance of a ~OMA Property owners are required to purchase flood insurance as a condition of direct Federal or federally related financial assistance on a struc- ture located in a designated SFHA on a FHBM or FIRM. Persons seeking a LOMA should check with the lending institution that imposed the flood insurance requirement originally to ensure that if they are issued a LOMA from FEMA, the lending institution will remove the requirement. Although F~4A may issue a LOMA removing a structure or structures from the SFHA, it is the lending institution's prerogative to require flood insurance if it deems such action appropriate. If, however, the lending institution agrees to waive the flood insurance purchase requirement, the property owner is eligible for a full refund of the premium paid for the current policy year, provided that no claim is pending or has been paid on the policy in question during the same policy year. For processing of the refund, the property owner need only provide the LOMA and evidence of the waiver of the flood insurance requirement from the lending institu- tion to the agency or broker who sold the pol[c~. 1-7 Appropriate Address Requests for single-lot dr ~ingle-structure LOMAs should be sent to th= appropriate FEMA Regional Office (see attached list of Regional Office addresses). Requests for multiple lots, multiple structure, or subdivisions should be sent directly to the following address for disposition: Federal Emergency Management Agency Federal Insurance Administration Office of Risk Assessment Technical Operations Division 500 C Street, S. W. Washington, DC 20472 More specific information relating to LOMAs may be obtained by telephon- ing F~A's Washington Office at (202) 646-2764. Attachments October 1988 fEMA REGIONAL OFFICES REGION I REGION VI (Connecticut, Maine, Massachusetts, (Arkansas, Louisiana, New Mexico, New Hampshire, Rhode Island, and Vermont) Oklahoma, and Texas) FEMA, Natural & Technological FEMA, Natural & Technological Hazards Division Hazards Division J. W. McCormack Post Office and Federal Regional Center Courthouse Building, Room 462 800 North Loop 288 Boston, Massachusetts 02109 Denton, Texas 76201-3698 REGION II REGION VII (New York, Puerto Rico, New Jersey, (Iowa, Kansas, .Missouri, and Nebraska)' and Virgin islands) FEMA, Natural & Technological FEMA, Natural & Technological Hazards Division Hazards Division 26 Federal Plaza, Room 1351 Federal Office Building New York, New York 10278 911 Walnut Street Kansas City, Missouri 64106 REGION III REGION VIII (Delaware, District of Columbia, (Colorado, Montana, North Dakota, Maryland, Pennsylvania, Virginia, and South Dakota, Utah, and Wyoming) West Virginia) FEMA, Natural & Technological FEMA, Natural & Technological Hazards Division Hazards Division Liberty Square Building Denver Federal Center (Second Floor) Box 25267 105 South Seventh Street Building 710 Philadelphia, Pennsylvania 19106 Denver, Colorado 80225-0267 REGION IV REGION IX (Alabama, Florida, Georgia, Kentucky, (Arizona, California, Hawaii, and Mississippi, North Carolina, Nevada) South Carolina, and Tennessee) FEMA, Natural & Technological FEMA, Natural & Technological Hazards Division Hazards Division 1371 Peachtree Street, Northeast Building 105 Suite 736 Presidio of San Francisco, A~lan~a, Georgia 30309 California 94129 REGION V REGION X (Illinois, Indiana, Michigan, Minnesota, (Alaska, Idaho, Oregon, and Ohio, and Wisconsin) Washington) FEMA, Natural & Technological FEMA, Natural & Technological Hazards Division Hazards Division 175 West Jackson Boulevard Federal Regional Center Chicago, Illinois 60604 130 228th Street, S.W. Bothell, Washington 98021-9796 " Federal Emergency M'anagement Agency Washington, D.C. 20472 REQUEST FOR LETTER OF MAP AMENDMENT This is to request that a determination be made as to whether or not a certain land area or structure is within a Special Flood Hazard Area. I hereby certify that, to the best of my knowledge, fill has not been placed to elevate this land or structure since the date it was first identified as being in a Special Flood Hazard Area. Ail documents submitted in support of this appeal are correct to the best of my knowledge. I.understand that any false statement may be punishable by fine or imprisonment under Title 18 of the United States Code, Section 1001. Date Signature of Applicant