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DR8601-CS 890302 XC. Cm Federal Emergency Management Agency Washington, D.C. 20'}72 CERTIFIED MAIL RETURN RECEIPT REQUESTED The Honorable Leu Duggan Mayor of the City of Coppell Dallas County P.O. Box 478 Coppell, Texas 75019 Dear Mr. Dug~an: Attached is a copy of the letter sent to your community notifying you of the start of the 90-day appeal period. Due to an unexpected problem in the process of public notification, the proposed flood elevation determination ~as not published as originally scheduled. Since the 90-day appeal period cannot officially begin until such publication, the notice will be published as noted below. A copy of this notification is also attached. An explanation of the 90-day period is included in the attached letter. The decision by the community to appeal, or a copy of its decision not to appeal should be filed with this office no later than 90 days following the second date of publication. Publication Dates The Coppell Gazette March 8, 1989 & March 15, 1989 Sincerely, Federal Insurance Administration Attachment cc: Mr. Russell Doyle, City Encineer, City of Coppell Federal Emergency Management Agency Washington, D.C. 20472 CERTIFIED MAIL RETURN RECEIPT REQUESTED FEB 9 1989 IA-RA-RS (101A) Community Number: 480170 The Ronorable Lou Duggan Mayor of the City of Coppell Dallas County P.O. Box 478 Coppell, Texas 75019 Dear Mayor Duggan: On September 22, 1988, your community was provided a preliminary Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) for the City of Coppell, Dallas County, Texas. This Preliminary FIS'and FIRM is based on an updated hydrologic and hydraulic analyses for the Elm Fork of the Trinity River prepared by the Fort Worth District, U.S. Army Corps of Engineers. In addition, this study also reflects an updated hydraulic analyses for Denton Creek downstream of Denton Tap Road prepared by Dannenbaum Engineering Corporation and four Letters of Map Revision. This study will revise the currently effective FIRM dated February 15, 1984. Public notification of the proposed change in base flood elevation determinations will be given in the Coppell Gazette, on or about February 15, 1989, and February 22, 1989. A copy of this notification is enclosed. In addition, a notice of the proposed change will be published in the Federal Register. These proposed base flood elevations, if finalized, will become the basis for floodplain management measures that your community must adopt in order to remain qualified for participation in the National Flood Insurance Program (NFIP). However, before any revised elevations are effective for floodplain management purposes, you will be provided an opportunity to appeal the pro- posed revisions. Section 110 of the Flood Disaster Protection Act of 1973 (public Law 93-234) is intended to assure an equitable balancing of all interests involved in the establishing of special flood hazard areas. The legislation provides for a formal process of notification and appeals for the community and for private persons. We have outlined the appeal procedure below for your information. During the 90-day period following the second publication in the above-named newspaper, any owner or lessee of real property in the community who believes his property rights will be adversely affected by the proposed base flood elevation determinations may appeal to you, or to an agency that you publicly designate. The sole basis for such appeals is the possession of knowledge or information indicating that the proposed base flood elevation 4eterminations are scientifically or technically incorrect. Note that the 90-day period is statutory and cannot be extended. Appeals of the proposed base flood elevations shall be based only upon scientific and technical evidence contrary to that of the Federal Emergency Management Agency (FEMA) study. However, appeals or inauiries regarding data other than the proposed base flood elevations (i.e., incorrect street names, typographical errors or omissions, etc.), will be considered by the FEMA, and any appro- priate corrections will be made before the revised FIRM becomes effective. If your community cannot submit technical data before the end of the 90-day appeal period, you may nevertheless submit data at any time it becomes avail- able. If warranted, the FEMA will revise the FIRM after the effective date. This means that the FIRM would be issued with the elevations and zones as presently indicated, and the flood insurance requirements would be enforced accordingly, until such time as a revision could be made. Private persons who wish to appeal should present the data that tend to negate or contradict our findings to you in such form as you may specify. We ask that you review and consolidate any appeals you may receive, and issue a written opinion stating whether the evidence presented is sufficient to justify an official appeal on behalf of such persons by the community in its own name. Whether or not the community decides to appeal, you must send copies of individual appeals, if any, to this office as they are received. If we do not receive an appeal from your community in its own name within 90 days of the second date of public notification, w~ shall consolidate and review on their own merits such individual appeals that you may forward to us, and we shall make any modifications that may be appropriate. If the community decides to appeal in its own name, all individual appeals must be consolidated into one appeal by you, since, in this event, we are required to deal only with the local government as representative of all local interests. Our final decision will be in writing to you and copies will be sent to each individual appellant, and to the state coordinating agency. F~4A's review process will fully take into account any technical or scientific data submitted by the community that tend to negate or contradict the informa- tion upon which the proposed determination is based. FEMA's review of the appeals will include consultation with officials of the local government involved. The reports and other information used in making the final determination will be made available for public inspection. Until any conflict of data is resolved and until the revised FIRM becomes effective, existing floodplain management regulations and base flood elevations must be enforced, and flood insurance shall continue to be available under the currently effective FIRM, dated February 15, 1984. The decision by the community to appeal, or a copy of its decision not to appeal, should be filed with this office no later than ninety-days following the second publication of the notice in a newspaper with local circulation. 3 You may find it appropriate to call further attention to the proposed base flood elevation determinations and to the appeal procedure' by using a press release or other public notice. If there are any further questions regarding the flood elevation revisions or the Flood Insurance Study for the community, please contact the Chief of the Natural and Technological Hazards Division, Federal Emergency Management Agency in Denton, Texas, at (817) 898-9127, or Matthew B. Miller of our Headquarters staff in Washington, D.C., at (202) 646-3461. Sincerely, John L. Matticks ~-~ Chief, Risk Studies Division Federal Insurance Administration Enclosures cc: Mr. Russell Doyle, City Engineer, City of Coppell AGENCY: ACTION: SUMMARY: NATIONAL FLOOD INSURANCE PROGRAM ProDosed Flood Elevation Determinations Federal Emergency Management Agency Proposed rule. Technical information or comments are solicited on the proposed modified base (100-year) flood elevations shown on your community's preliminary Revised Flood Insurance Rate Map. These base (100-year) flood elevations are the basis for the floodplain management measures that the community is required to either adopt or show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). The proposed base flood elevations modify the base flood elevations shown on your community's presently effective Flood Insurance Rate Map. DATES: The period for comment will be ninety (90) days following the second publication of this proposed rule in a newspaper of local circulation in the community. ADDRESSES: Preliminary Revised Flood Insurance Rate Maps showing the proposed modi- fied base flood elevations and their delineation are available for review at 255 Parkway Boulevard, Coppell, Texas 75019. Send comments to: The Honorable Lou Duggan Mayor of the City of Coppell Dallas County P.O. Box 478 Coppell, Texas 75019 2 FOR FURTHER INFORMATION CONTACT: John L. Matticks Chief, Risk Studies Division Federal Insurance Administration Federal Emergency Manaqement Agency Washington, DC 20472 (202) 646-2767 SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency gives notice of the proposed determinations of modified base (100-year) flood elevations, in accordance with Section 110 of the Flood Disaster Protection Act of 1973 (Pub. L. 93- 234), 87 Stat. 980, which added Section 1363 to the National Flood Insurance Act of 1968 (Title XIII of the Housing and Urban Development Act of 1968 (Pub. L. 90-448)), 42 U.S.C. 4001-4128, and 44 CFR 67.4(a). These elevations, together with the floodplain management measures required by Section 60.3 of the program regulations, are the minimum that are required. They should not be construed to mean the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements on its own, or pursuant to policies established by other Federal, State, or regional entities. These proposed elevations will also be used to calculate the appropriate flood insurance premium rates for new buildings and their contents and for the second layer of insurance on existing buildinqs and their contents. Pursuant to the provisions of 5 USC 605(b), the Administrator, to whom authority has been delegated by the Director, Federal Emergency Management Agency, hereby certifies that the proposed flood elevation determinations, if promulgated, will not have a significant economic impact on a substantial number of small entities. A flood elevation determinatioL under Section 1363 forms the basis for new local ordinances, which, if adopted by a local com- munity, will govern future construction within the floodplain area. The elevation determinations, however, impose no restriction unless and until the local community voluntarily adopts floodplain ordinances in accord with these elevations. Even if ordinances are adopted in compliance with Federal stan- dards, the elevations prescribe how high to build in the floodplain and do not prohibit development. Thus, this action only forms the basis for future local actions. It imposes no new reguirement; of itself it has no economic impact. Proposed base flood elevations along flood sources studied in detail are shown on the Preliminary Revised Flood Insurance Rate Ma~p. Lessees and owners of real property in the City-of Coppell, Dallas County, Texas, are encouraged to review these maps and related, materials at the address cited above. The flood sources studied in detail are: Source of Flooding Range of Base Flood Elevations #Depth in Feet above Ground *Elevation in Feet (NGVD) Currently Effective Proposed Modified Grapevine Creek Denton Creek Elm Fork of the Trinity River Cottonwood Branch *438 *439 *456 *455 *445 *446 *463 *462 *438 *439 '451 *452 '461 *458 *462 '461