Levees and the National Flood Insurance Program Improving Policies and Practices (2013) / Chapter Skim
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Appendix G: FEMA Procedure Memorandums 34, 43, and 53
Appendix G: FEMA Procedure Memorandums 34, 43, and 53
Pages 195-230
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From page 195... ...
Appendix G FEMA Procedure Memorandums 34, 43, and 53 195
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From page 203... ...
This guidelines document outlines five scenarios that will allow the mapping for selected studies/mapping projects for communities with levees to move forward before the full documentation required in 44 CFR Section 65.10 is available. With this process, the FEMA Regional Offices, FEMA contractors, and mapping partners can issue preliminary and effective DFIRMs while providing the communities and levee owners a specified timeframe for the submittal of the documentation necessary to show compliance with 44 CFR Section 65.10.
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From page 204... ...
The "party responsible for operating and maintaining the levee" must be a Federal or March 16, 2007 – Guidelines for Identifying Provisional Accredited Levees 2 FEMA MT-RA-EM
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From page 205... ...
Scenario A1: Once the FEMA Regional Office sends the initial notification letter for Scenario A, the community/levee owner will have 90 days to return either the PAL March 16, 2007 – Guidelines for Identifying Provisional Accredited Levees 3 FEMA MT-RA-EM
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From page 206... ...
Several conditions exist that may require FEMA to take immediate action to rescind the PAL designation and revise the DFIRM for the area landward of the levee. If any of the following conditions apply, FEMA will direct the contractor or mapping partner to remap the area landward of the levee as Zone AE or Zone A, depending on the type of study performed for the area: • Neither the signed PAL agreement nor a request for a maintenance deficiency correction period is returned to FEMA before the 91st day following the date of the notification letter; • The full documentation required for compliance with 44 CFR Section 65.10 is not provided within 24 months of the 91st day following the date of the initial notification letter; or • The 12-month progress report is not provided to FEMA, and the FEMA Regional Office believes the PAL agreement should be rescinded.
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From page 207... ...
However, if a request for a PAL designation and a PAL application package are submitted and approved before the 1-year correction period has elapsed, then FEMA will issue the LFD and show the levee on the effective DFIRM as provisionally accredited. In addition, for the PAL option, the March 16, 2007 – Guidelines for Identifying Provisional Accredited Levees 5 FEMA MT-RA-EM
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From page 208... ...
• The data and documentation submitted to meet the requirements of 44 CFR Section 65.10 or the PAL application is determined to be inadequate. When the FEMA Regional Office sends the initial notification letter, the following attachments must be included: • A description of the requirements to meet 44 CFR Section 65.10, entitled "Mapping of Areas Protected by Levee Systems;" and • An agreement to accept the PAL option (agreement for Scenario A2)
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From page 209... ...
If full documentation to comply with the requirements of 44 CFR Section 65.10 is readily available when the initial notification letter is sent, the FEMA Regional Office will request that the community/levee owner/local project sponsor provide these documents within 30 days. If the community/levee owner/local project sponsor requires time to gather the proper documentation, they will choose to submit the PAL application package.
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From page 210... ...
Communication with levee owner, community, and/or local project sponsor: The FEMA Regional Office will coordinate with the appropriate USACE District office regarding levee projects in the USACE inventory that have received an inspection rating of fair, poor, or unacceptable and have been placed in inactive status in the USACE Rehabilitation and Inspection Program (RIP)
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From page 211... ...
This letter will also inform the community/levee owner/local project sponsor that they are eligible for the one-time-only, 1-year "maintenance deficiency correction period," which provides them 1 year to resolve any levee maintenance deficiencies. The USACE District office will provide a copy of this letter to the FEMA Regional Office.
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From page 212... ...
When the FEMA Regional Office sends the initial notification letter, the following attachments must be included: • A description of the requirements to meet 44 CFR Section 65.10, entitled "Mapping of Areas Protected by Levee Systems;" and March 16, 2007 – Guidelines for Identifying Provisional Accredited Levees 10 FEMA MT-RA-EM
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From page 213... ...
The PAL application package requirements for Scenario C2, to be submitted by levee owner, community, and/or local project sponsor, are: • An agreement signed by the community/levee owner/local project sponsor stating that the PAL designation is warranted because the levee now meets the requirements of 44 CFR Section 65.10; Scenario D – Levees in the USACE program that are shown as not providing base flood protection Communication with levee owner, community, and/or local project sponsor: For levees in the USACE program that are not currently shown as providing 1-percent annual flood protection, no letter will be sent. In this case, there is no issue with how to map the area behind the levee, because it already has been determined that the levee does not provide 1-percent-annual flood protection or the levee has not gone through the certification process..
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From page 214... ...
The USACE district office will use the best available data, as identified by the FEMA Regional Office, to determine whether the levee provides an adequate level of protection. Communication with levee owner, community, and/or local project sponsor: When the USACE district office in coordination with the FEMA Regional Office, determines that a levee in the USACE program does not provide an adequate level of protection, the community/levee owner/local project sponsor will be notified by letter (template letter for Scenario E)
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From page 215... ...
Flood Insurance Study Report Requirements The Flood Insurance Study report should not be revised to identify those levees and levee systems that are eligible for the PAL designation. March 16, 2007 – Guidelines for Identifying Provisional Accredited Levees 13 FEMA MT-RA-EM
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From page 216... ...
for the PAL Option March 16, 2007 – Guidelines for Identifying Provisional Accredited Levees 14 FEMA MT-RA-EM
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From page 221... ...
for a community or levee system owner to supply data and documentation demonstrating that a levee system owner to supply data and documentation demonstrating that a levee system meets the requirements of the National Flood Insurance Program (NFIP) regulations cited in the Code of Federal Regulations (CFR)
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From page 222... ...
The attached guidance document is to be implemented by all Regions, contractors, and mapping partners as PAL expiration dates are reached. Attachment: "Guidelines for Notification and Mapping of Expiring Provisionally Accredited Levee Designations" cc: See Distribution List P R E P U B L I C A T I O N C O P Y
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From page 223... ...
APPENDIX G 274 Appendix G 223 Distribution List (electronic distribution only) : Office of the Acting Assistant Administrator for Mitigation Risk Analysis Division Risk Reduction Division Risk Insurance Division Regional Mitigation Division Legislative Affairs Division Office of Chief Counsel Mapping Partners Program Management Contractor National Service Provider Independent Verification and Validation Contractor Map Service Center Contractor Indefinite Delivery Indefinite Quantity Contractors Customer and Data Services Contractor Production and Technical Services Contractors P R E P U B L I C A T I O N C O P Y
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From page 224... ...
FEMA Regions, or their assigned contractor also will assure that the documents are included with other technical and administrative support data in the Technical Support Data Notebook for the mapping project that commences upon the expiration of the PAL period. Mapping Process for Expired PAL Designations Upon expiration of a PAL period, the FEMA Regional Office will determine if the PAL system will be accredited or de-accredited.
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From page 225... ...
Depending on the scope and cost of the mapping project necessary to either accredit or de-accredit the system, the process can take up to 12 months before a Preliminary Digital Flood Insurance Rate Map (DFIRM) can be issued that reflects either the newly designated accredited or de-accredited levee system.
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From page 226... ...
43 – Guidelines for Identifying Provisionally Accredited Levees, in order for a levee to be provisionally accredited, the community or levee owner must commit to FEMA in writing to submit the full 44 CFR Section 65.10-compliant data and documentation for the levee within 24 months of this signed agreement. If the submittal is not received or is determined to be inadequate upon the expiration of the 24-month PAL period, FEMA will conclude that the levee is not 65.10-compliant and initiate a mapping project to publish a DFIRM that fully characterizes the appropriate flood hazard and risk associated with the de-accredited levee.
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From page 227... ...
There are several mapping options available to FEMA one the DFIRM becomes effective. Consequently, the FEMA Regional Office will consult with FEMA Headquarters staff to choose the mapping process that will accurately reflect the accredited levee on the effective DFIRM in an expeditious manner.
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From page 228... ...
are in full compliance with the National Flood Insurance Program (NFIP) regulations cited in the Code of Federal Regulations (CFR)
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From page 229... ...
The mandatory flood insurance purchase and minimum floodplain management requirements of the NFIP apply to structures within the SFHA. The mapping process from start to finish in situations where a levee system is proposed to be de accredited will take no less than 18 months.
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From page 230... ...
(Name and Title of USACE District Office Contact) (for B levees only)
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