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Federal Emergency Management Agency_DFIRMTHE CITY OF asterpiece on the Mississippi Bob Bissell Mitigation Division Director FEMA Region VII 9221 Ward Parkway, Suite 300 Kansas City MO 64114 -3372 SUBJECT: Scientific Review Panel Notification for FEMA Preliminary DFIRM Dear Mr. Bissell: The City of Dubuque has received the enclosed letter from you dated December 7, .2010 providing notification of the process for requesting a Scientific Resolution Panel with respect to our protest of FEMA's preliminary Digital Flood Insurance Rate Map ( DFIRM) for our community. Based on FEMA's decision to use the City's data for the Bee Branch area to re- delineate the flood plain on Dubuque's North End, and to re -map the community's flood plains using the City's latest 2 -foot contours, there does not appear to be a reason for the City of Dubuque to request a Scientific Resolution Panel to review our protest. The City of Dubuque is grateful for the assistance and cooperation that FEMA has shown with respect to re- mapping the Bee Branch and other areas of our community. The City of Dubuque supports FEMA's project to update the nation's flood maps. The City plans to continue to work with FEMA officials to have the most accurate DFIRM possible for our community. Please feel free to contact Planning Services Manager Laura Carstens with any questions or for more information at 563.589.4210 or Icarsten(c�cityofdubuque.orq. Roy D. Buol Mayor Enclosures Service Dubuque AHmertcaC8Y 2007 Office of the Mayor and City Council City Hall 50 West 13 Street Dubuque, Iowa 52001 -4864 (563) 589 -4120 office (563) 589 -0890 fax January 12, 2011 People Integrity Responsibility Innovation Teamwork DEC 072014 The Honorable Roy D. Buol Mayor, City of Dubuque City Hall 50 West 13' Street Dubuque, Iowa 52001 -4864 pAR7,y o7r° FEMA D U.S. Department of Homeland Security FEMA Region VII 9221 Ward Parkway, Suite 300 Kansas City, Missouri 64114-3372 Dear Mayor Buol: This notification is in regard to your letter dated August 25, 2010, regarding the Preliminary copies of the Flood Insurance Study (FIS) report and Flood Insurance Rate Map (FIRM) for City of Dubuque, Dubuque County, Iowa. Your community submitted technical data in support of a protest of incorrect floodplain boundaries in the vicinity of the Julien Dubuque Monument. You also referenced an area of concern that is currently being restudied for the City's north end, Bee Branch and segments of North Fork of Catfish Creek which was resolved in a letter addressed to the office of United States Senator Tom Harkin, dated October 7, 2010. Additionally, you provided study data to FEMA on November 23, 2010, for consideration to revise the Zone A SFHA in the Bee Branch area. Your request was acknowledged as a protest to the Preliminary FIS and FIRM. Only submittals that satisfy the requirements of Title 44, Chapter I, Part 67, Code of Federal Regulations are considered appeals. Since your submittal did not meet this criteria, it is considered a protest. As of November 1, 2010, the Federal Emergency Management Agency (FEMA) is reinforcing its commitment to using the best available and most reliable data for the purpose of accurately depicting flood hazards on flood maps by introducing a newly added resource called the Scientific Resolution Panel (SRP). SRPs are independent panels of experts in hydrology, hydraulics, and other pertinent sciences established to review conflicting scientific and technical data and provide recommendations for resolution. The SRP process is not intended to be the first step in the resolution of appeals and protests. Use of the SRP may only be exercised after FEMA and local communities have been engaged in a collaborative consultation process for at least 60 days from the expiration of the 90 -day regulatory appeal period without a mutually acceptable resolution. The enclosed SRP Fact Sheet contains additional information on the SRP process. On October 7, 2010 FEMA issued a resolution letter for your protest. Because your community submitted a protest and has not been issued a Letter of Final Determination (LFD), your community will have until January 15, 2011, to request an SRP be convened to review protest, if you should so choose. To be eligible for an SRP, a protest must include supporting information or data to substantiate that the flood elevations proposed by FEMA are scientifically or technically incorrect and/or technical or scientific data that tend to negate or contradict the information upon which the proposed flood elevations or floodplain delineations are based. www.fema.gov (D Q CO kb cn L./ To request an SRP, please complete the enclosed SRP Request Form and submit it to your regional FEMA Project Engineer by January 15, 2011. If you do not request an SRP by January 15, 2011, FEMA will move forward with the mapping process. For more information about the SRP please review the enclosed documents. You may also find useful information and resources at www.floodSRP.org. If you have any questions regarding this matter, please contact Rick Nusz, FEMA Project Engineer by telephone at (816) 283 -7907 rick.nusz dhs.gov or the project manager for FEMA's mapping contractor, Amanda Banks, AECOM at (816) 502 -9420, extension 4964. Attachment: SRP Request Form SRP Fact Sheet Sincerely, cc: Laura Carstens, Planning Services Manager, City of Dubuque Michael Van Milligen, City Manager, City of Dubuque Bill Cappuccio, State NFIP Coordinator Rick Nusz, FEMA Region VII The Honorable Tom Harkin, U.S. Senator The Honorable Charles Grassley, U.S. Senator The Honorable Bruce Braley, U.S. House of Representatives 1 Bob Bissell Mitigation Division Director FEMA, Region VII www. fema.gov Scientific Resolution Panel Request Form This form is to be completed by the community's CEO or the authorized representative of the community for which the appeal or protest is being filed. The CEO will consolidate all unresolved appeals and protests by private persons and submit them on their behalf The CEO will also forward to FEMA copies of appeals and protests not endorsed by the community and certibi that no further appeals or protests will be brought to FEMA for the community. Date: Name of Community: County and State of Community: Name of Community CEO or authorized representative: `t r�ut�, jF =� FEMA ' t \ , tit` Mailing Street Address: City: State: Zip: Phone Number (Work): Phone Number (Cell): Email Address: Does the data submitted constitute an appeal (as defined below) or a protest ? I IS. Department of Homeland Security 500 C Street, SW Washington, DC 20472 Page 2 If it is an appeal, pursuant to 44 CFR Section 67.6 (b) does the submitted data satisfy the data requirements and demonstrate that FEMA's proposed base flood elevations are: (1) technically incorrect due to a mathematical or measurement error or changed physical conditions? (2) technically incorrect due to error in application of hydrologic, hydraulic or other methods or use of inferior data in applying such methods? (3) scientifically incorrect? If an oral presentation to the SRP is necessary to support this appeal or protest, please justify here. Community Commitment and Certification The community certifies that: 1. The data provided for SRP review was entirely submitted to FEMA during the 90 -day appeal period? Y N 2. No additional data may be submitted for this or any other appeal or protest for SRP consideration? Y N 3. There may be no submission of any other appeals and protests not consolidated with this submission? Y N Location of Contested Flood Elevations 4. Identify the specific river reaches or coastal transects challenged by the data. Page 3 S. Please identify areas of expertise the community believes are pertinent for representation on the SRP. 6. Description of Information to be Submitted by the Community Indicating that the Elevations Proposed by FEMA are Scientifically or Technically Incorrect Please include on a separate page labeled `Attachment A: Summary of Appeal or Protest Information" a summary of the specific technical issues, errors in FEMA 's data, or different technical processes submitted to contest the flood elevations proposed by FEMA. 7. Acceptance by Community of Terms and Conditions for the Initiation of an SRP To initiate the SRP process, the community's CEO or authorized representative must accept the following terms and conditions on behalf of the community and individuals whose appeals or protests are consolidated with this submission. a) The community understands that the FEMA Administrator is not required to accept the recommendation of the SRP, and that upon the Administrator's final determination that no further consideration will be given to the community's appeals or protests. For a regulatory appeal, the parties will maintain their right to appeal to the appropriate Federal District Court. b) The community has read the FEMA prepared Guidance Memorandum and agrees to work with the National Institute of Building Sciences (NIBS) in the timely completion of the SRP review, including timely selection of panel members and participation in additional review procedures if requested. c) The community agrees that no contact will be made with the Panel members except as expressly requested by NIBS before, during or after the SRP review is undertaken. d) The community agrees that they have read and signed the "Community Submittal Agreement." Signature of Community CEO or Authorized Representive Scientific Resolution Panels FEMA's new Scientific Resolution Panel (SRP) process reinforces FEMA's commitment to work with communities to ensure the flood hazard data depicted on Flood Insurance Rate Maps (FIRMs) is built collaboratively using the best science available. Flood hazards are constantly changing, and as such, FEMA regularly updates F1RMs through several methods to reflect those changes. When changes to the FIRMs are met with conflicting technical and scientific data, an independent third party review of the information may be needed to ensure the FIRMs are updated correctly. The Scientific Resolution Panel will serve as the independent third party. Who can request an SRP? A community, Tribe or political entity that has the authority to adopt and enforce floodplain ordinances for the area under its jurisdiction can request FEMA use the SRP when conflicting data are presented. Chief Executive Officers or authorized community representatives must make or endorse the SRP request if they did not develop or propose the conflicting technical data. When can communities request an SRP? A community can request an SRP if it has: • Not received a Letter of Final Determination (LFD); • Submitted an appeal or protest during the 90 -day appeal period with scientific or technical data resulting in different flood hazards than those proposed by FEMA; • Allowed at least 60 days of community consultation with FEMA (but no more than 120 days) Additionally, a community that has received a FEMA - issued resolution letter and has not exercised the SRP process will have 30 days from the issuance of the letter to request an SRP. Communities that have submitted appeals or protests, but as of November 1, 2010 have not received an LFD, will have until January 15, 2011, to request an SRP. Independent Panel Sponsor The SRP process is managed by the National Institute of Building Sciences (NIBS), a non - profit organization independent from FEMA. NIBS will act as the Panel Sponsor, coordinating the SRPs, ensuring that proper regulations and procedures are employed and maintaining a cadre of experts from which Panel members are selected. Panel Member Selection For each appeal or protest, an SRP (or Panel) of three or five members will be convened. Panel members are technical experts in surface water hydrology, hydraulics, coastal engineering, and other engineering and scientific fields that relate to the creation of Flood Hazard Maps and Flood Insurance Studies throughout the United States. "FEMA's mission is to support our citizens and first responders to ensure that as a nation we work together to build, sustain, and improve our capability to prepare for, protect against, respond to, recover from, and mitigate all hazards." Federal Emergency Management Agency Based on the technical specifications of the appeal or protest, NIBS will develop a list of potential panel members with relevant expertise from its cadre of experts. NIBS will ensure that there is no conflict of interest amongst the panel members. NIBS will confirm that members do not reside in the state from which the appeal or protest is taken and have no personal or professional interest in its findings of the appeal or protest. NIBS will provide the list of eligible panel members to the community and FEMA. The community selects the majority (in the case of a five- member Panel, the community selects three), and FEMA selects the minority (in the case of a five- member Panel, FEMA selects two). The Process To request an SRP, the Chief Executive Officer of a community or authorized representative completes an SRP Request Form and submits it to FEMA during the time periods outlined above. Once FEMA confirms the appeal or protest is eligible for an SRP, FEMA will forward the SRP Request form to NIBS to initiate the Panel selection process and develop a list of potential members. Once the Panel is convened, Panel members will be provided with a summary of the issue, FEMA's data, and the data the community submitted during the 90 -day appeal period. Panel member will review the data and, on a point -by -point basis, deliberate and make a decision based on the scientific and technical challenges of the appeal or protest. If the community feels it is necessary to make an oral presentation in support of its appeal or protest, it must include a justification on the SRP Request Form. Resolution The Panel will render a written recommendation to FEMA, based on the scientific and technical data submitted by the community and FEMA, The recommendation may either deny the community's data or incorporate it in part or in whole into the FIRM. For an appeal or protest to be incorporated, the community's data must satisfy the NFIP standards for flood hazard mapping. The Panel will present a written report with its decision and rationale to FEMA and the community no later than 150 days after being convened. The SRP's decision will become the recommendation provided to the FEMA Administrator. Once a final determination has been made, FEMA will issue a resolution letter. If changes to the maps are made, FEMA will incorporate the changes into revised preliminary FIRMs and Flood Insurance Studies. These changes will be made available to the community with a resolution letter for review prior to the issuance of an LFD. Once a determination is made and a resolution letter is issued, the community will not be able to re- submit an appeal or protest of the proposed flood elevations nor request an SRP again. "FEMA's mission is to support our citizens and first responders to ensure that as a nation we work together to build, sustain, and improve our capability to prepare for, protect against, respond to, recover from, and mitigate all hazards." Federal Emergency Management Agency For a regulatory appeal, if the community is not satisfied with the recommendation of the Panel or the determination of the FEMA Administrator, it may appeal to the appropriate United States District Court. 2" News publication of proposed BFE's ttttllppesl Period Community Consultation - Community can submit an SRP Request to FEMA at a minimum of GO days and no more than 120 days alter the start of the community consultation phase OR within 30 clays after recewmg the Resolution Letter tl For Additional Information Resolution Letter l slued Mapping Process continues Community sutnn its SRP request' FEMA forwards eligible SRP request to NIBS for Panel selection process Short -list Panel members SRP (Panel) Process FEMA reviews SRP recommendation Communi y 8 FEMA select Panel t Panel presents written recommendation Resolution Letter issued 1 Mapping Process For more information on appeals, see the FEMA document: Appeals, Revisions, and Amendments to National Flood Insurance Program Maps: A Guide for Community Officials. Part 67 of the NFIP regulations, which pertains to appeals, is available on the "Forms and Publications" section of FEMA's Flood Hazard Mapping website at www.fema.gov /fltm. Other Important Links: www.floodSRP.org www.fema.gov /plan /prevent /fhm /st hot.shtm #2 Risk MAP: www.fema.gov /plan /prevent/fhm /rm main.shtm Flood Hazard Mapping: www.floodmaps.fema.gov Flood Insurance: www.floodsmart.gov "FEMA's mission is to support our citizens and first responders to ensure that as a nation we work together to build, sustain, and improve our capability to prepare for, prolecl against, respond to, recover from, and mitigate all hazards."