Dubuque Levee and Floodwall System CertificationMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Certification of the Dubuque Levee
DATE: April 27, 2011
Dubuque
All - America City
I
2007
Planning Services Manager Laura Carstens recommends City Council approval of a
resolution adopting the updated Operations and Maintenance Manual, the updated
Emergency Flood Control Plan, and authorization to submit the documentation for
certification of the Dubuque Local Flood Protection Project Levee to the Federal
Emergency Management Agency (FEMA). Staff in the Public Works, Engineering, and
Planning Services Departments worked with FEMA, the United States Army Corps of
Engineers, and consultants GEI and CDM over the past two years to prepare the
documentation required by FEMA for certification of the levee and floodwall system.
In response to FEMA Region VII Risk Analysis Branch Chief Richard Leonard's
enclosed letter of April 8, 2011 and in accordance with the May 4, 2009 Provisionally
Accredited Levee (PAL) Agreement for the Dubuque Local Flood Protection Project
Levee, the City is submitting the data required by FEMA and certified by a registered
professional engineer, City Engineer Gus Psihoyos. This information must be submitted
to FEMA Region VII by May 17, 2011.
The submissions include the June 2010 Engineering Technical Review Report prepared
by the U.S. Army Corps of Engineers, Rock Island District, for the Dubuque Levee
System. Overall, the City of Dubuque's levee system meets or exceeds FEMA
standards for levee certification according to the U.S. Army Corps of Engineers report.
The U.S. Army Corps of Engineers identified two main areas that required further
analysis. The City of Dubuque retained qualified engineering consultants to complete
these two analyses. Enclosed are a structural analysis report prepared by GEI, and an
interior drainage analysis prepared by CDM. Both analyses confirm that the levee
system meets or exceeds FEMA standards for levee certification.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
el C. Van Milli
Mich gen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Laura Carstens, Planning Services Manager
Don Vogt, Public Works Director
Gus Psihoyos, City Engineer
Jennifer Larson, Budget Director
John Klostermann, Street and Sewer Maintenance Supervisor
Bob Schiesl, Assistant City Engineer
Deron Muehring, Civil Engineer II
Kyle Kritz, Associate Planner
Masterpiece on the Mississippi
TO: Michael Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager
SUBJECT: Certification of the Dubuque Levee
DATE: April 25, 2011
Dubuque
keirl
AU- America CIly
I
2007
Introduction
This memorandum transmits documentation for submittal to the Federal Emergency
Management Agency (FEMA) for certification of the Dubuque Local Flood Protection
Project Levee. A transmittal letter from Mayor Roy Buol on behalf of the City to Richard
Leonard, Risk Analysis Branch Chief, FEMA Region VII; a resolution adopting the
updated Operations and Maintenance Manual and the updated Emergency Response
Plan; and the required documentation for levee certification are enclosed.
Discussion
In response to Mr. Leonard's enclosed letter of April 8, 2011 and in accordance with the
May 4, 2009 Provisionally Accredited Levee (PAL) Agreement for the Dubuque Local
Flood Protection Project Levee, the City is submitting the data required by FEMA and
certified by a registered professional engineer, City Engineer Gus Psihoyos. This
information must be submitted to FEMA Region VII by May 17, 2011.
The submissions include the June 2010 Engineering Technical Review Report prepared
by the U.S. Army Corps of Engineers (USACE), Rock Island District, for the Dubuque
Levee System. Overall, our levee system meets or exceeds FEMA standards for levee
certification according to the USACE report.
The USACE identified two main areas that required further analysis. The City of
Dubuque retained qualified engineering consultants to complete these two analyses.
Enclosed are a structural analysis report prepared by GEI, and an interior drainage
analysis prepared by CDM. Both analyses confirm that our levee system meets or
exceeds FEMA standards for levee certification.
Also enclosed are the updated Operations and Maintenance Manual, the updated
Emergency Flood Control Plan, and the new Interim Risk Reduction Plan prepared by
GEI for the levee and floodwall system. As -built plans of the 1965 levee construction
and as -built plans for the 2001 levee repairs are enclosed along with 2011 land survey
Certification of the Dubuque Local Flood Protection Project Levee
Page 2
data documenting floodwall elevations and settlement. A resolution adopting the
updated plans is enclosed as well.
In Mr. Leonard's letter of April 8, 2011, he reiterated FEMA's recommendation to
communities to increase floodplain management efforts and to promote the purchase of
flood insurance for all homes and businesses protected by levee systems. The City of
Dubuque takes this recommendation very seriously, and has since joining the National
Flood Insurance Program (NFIP) in 1971.
The City of Dubuque has arranged for two members of the Flood Insurance and
Mitigation Branch in FEMA Region VII to present three informational sessions on the
FEMA Flood Maps and Flood Insurance in Dubuque on June 8, 2011. These sessions
will include a workshop for lenders, insurance producers, realtors, community officials,
surveyors, and engineers regarding the map revision process and the effects of map
changes on flood insurance; and two open house sessions on the NFIP for the general
public as well as property owners protected by our levee and /or located in a flood plain.
Recommendation
Staff in the Public Works, Engineering, and Planning Services Departments worked with
FEMA, the USACE, and consultants GE! and CDM over the past two years to prepare
the documentation required by FEMA for certification of our levee and floodwall system.
Staff recommends approval of the enclosed resolution adopting the updated Operations
and Maintenance Manual, the updated Emergency Flood Control Plan, and the new
Interim Risk Reduction Plan. Staff also recommends authorization to submit the
enclosed documentation for levee certification to FEMA Region VII.
Requested Action
The requested action is for the City Council to: 1) approve the enclosed resolution
adopting the updated Operations and Maintenance Manual, the updated Emergency
Flood Control Plan, and the new Interim Risk Reduction Plan, and 2) authorize submittal
of the enclosed documentation for certification of the Dubuque Local Flood Protection
Project Levee to FEMA Region VII.
Enclosures
cc: Teri Goodmann, Assistant City Manager for Legislative Affairs
Don Vogt, Public Works Director
Gus Psihoyos, City Engineer
John Klostermann, Streets & Sewers Supervisor
Bob Schiesl, Assistant City Engineer
Deron Muehring, Civil Engineer
Kyle Kritz, Associate Planner
F: \USERS \LCARSTEN \WP \Dubuque Levee \Levee Certification Submittal Memo.doc
Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St, Dubuque, IA 52001 Telephone: 589 -4210
Return to: Jeanne Schneider, City Clerk Address: City Hall, 50 W. 13th St, Dubuque, IA 52001 Telephone: 589 -4121
RESOLUTION NO. 159 -11
RESOLUTION ADOPTING OPERATIONS AND MAINTENANCE MANUAL,
EMERGENCY FLOOD CONTROL PLAN, AND INTERIM RISK REDUCTION PLAN
FOR THE DUBUQUE LOCAL FLOOD PROTECTION PROJECT LEVEE
Whereas, the City of Dubuque has signed a May 4, 2009 Provisionally Accredited Levee
(PAL) Agreement for the Dubuque Local Flood Protection Project Levee (Dubuque Levee) with
Federal Emergency Management Agency (FEMA); and
Whereas, the PAL Agreement requires that the City of Dubuque submit the required
documentation to FEMA certification of the Dubuque Levee by May 17, 2011; and
Whereas, the City of Dubuque has updated the Operations and Maintenance Manual,
updated the Emergency Flood Control Plan, and created the Interim Risk Reduction Plan for the
Dubuque Levee in accordance with the certification process.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Operations and Maintenance Manual, the Emergency Flood Control Plan,
and the Interim Risk Reduction Plan for the Dubuque Levee hereby are adopted.
Section 2. The Mayor hereby is authorized to sign and submit the required documentation
for certification of the Dubuque Levee to FEMA.
Passed, approved and adopted this 2nd day of May 2011.
Attest:
Kevin S. Firnsta Acting City Cler
F: \USERS \LCARSTEN \WP \Dubuque Levee \Levee Plans Adoption Resolution.doc
Roy D. -• uol, Mayor
THE CITY OF Dubuque
A ca-Iy
DUB E
I IF
Masterpiece on the Mississippi
Richard Leonard
Risk Analysis Branch Chief
FEMA Region VII
9221 Ward Parkway, Suite 300
Kansas City MO 64114
RE: Certification of the Dubuque Local Flood Protection Project Levee
Dear Mr. Leonard:
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
May 3, 2011.
In response to your enclosed letter of April 8, 2011 and in accordance with the May 4,
2009 Provisionally Accredited Levee (PAL) Agreement for the Dubuque Local Flood
Protection Project Levee, this letter transmits the data defined and outlined within Code
of Federal Regulations, Title 44, Section 65.10 (44 CFR 65.10). The 44 CFR 65.10 data
submissions for the Dubuque Levee have been certified by a registered professional
engineer, Gus Psihoyos, City Engineer for the City of Dubuque, Iowa.
The 44 CFR 65.10 data submissions include the June 2010 Engineering Technical
Review Report prepared by the U.S. Army Corps of Engineers (USACE), Rock Island
District, for the Dubuque Levee System. Overall, our levee system meets or exceeds
FEMA standards for levee certification according to the USAGE report. We appreciate
the technical support of the USACE in Dubuque's levee certification process.
The USACE identified two main areas that required further analysis. The City of
Dubuque retained qualified engineering consultants to complete these two analyses.
Enclosed are a structural analysis report prepared by GEI, and an interior drainage
analysis prepared by CDM. Both analyses confirm that our levee system meets or
exceeds FEMA standards for levee certification.
Also enclosed are the Operations and Maintenance Manual, Emergency Flood Control
Plan, and Interim Risk Reduction Plan for the levee and floodwall system. A City
Council resolution adopting the updated plans is enclosed as well.
As -built plans of the 1965 levee construction and as -built plans for the 2001 levee
repairs are enclosed along with 2011 land survey data documenting floodwall elevations
and settlement.
In your letter of April 8, 2011, you reiterated FEMA's recommendation to communities to
increase floodplain management efforts and to promote the purchase of flood insurance
for all homes and businesses protected by levee systems. The City of Dubuque takes
Service People Integrity Responsibility Innovation Teamwork
Certification of the Dubuque Local Flood Protection Project Levee
Page 2
this recommendation very seriously, and has since joining the National Flood Insurance
Program (NFIP) in 1971. We share FEMA's commitment to reduce flooding risks.
The City of Dubuque has arranged for two members of the Flood Insurance and
Mitigation Branch in FEMA Region VII to present three informational sessions on the
FEMA Flood Maps and Flood Insurance in Dubuque on June 8, 2011. These sessions
will include a workshop for lenders, insurance producers, realtors, community officials,
surveyors, and engineers regarding the map revision process and the effects of map
changes on flood insurance; and two open house sessions on the NFIP for the general
public as well as property owners protected by our levee and /or located in a flood plain.
We appreciate the assistance provided by FEMA Region VII staff during the two -year
levee certification process, and look forward to working with your staff in the future.
Please feel contact me if you have any questions or need additional information.
Sincerely,
t J
Roy D. Buol
Mayor
Enclosures
cc: Dubuque City Council Members
Bill Cappuccio, State of Iowa NFIP Coordinator, IDNR
Jerry Skalak, P.E., U.S. Army Corps of Engineers, Rock Island District
Dawn Kinsey, Community Outreach Specialist, FEMA Region VII
Rick Nusz, Hydraulic Engineer, FEMA Region VII
William Zung, Water & Environment Department Head, STARR
Michael Van Milligen, City Manager
Teri Goodmann, Assistant City Manager for Legislative Affairs
Laura Carstens, Planning Services Manager
Don Vogt, Public Works Director
Gus Psihoyos, P.E., City Engineer
John Klostermann, Streets & Sewers Supervisor
Bob Schiesl, P.E., Assistant City Engineer
Deron Muehring, Civil Engineer
Kyle Kritz, Associate Planner
F: \USERS \LCARSTEN \WP \Dubuque Levee \Richard Leonard Levee Certification Transmittal Letter.doc
Service People Integrity Responsibility Innovation Teamwork
April 8, 2011
CERTIFIED MAIL — RETURN RECEIPT REQUESTED
The Honorable Roy D. Buol, Mayor
City of Dubuque
City Hall
50 West 13 Street
Dubuque, Iowa 52001 -4864
Dear Mayor Buol:
On May 4, 2009, the City of Dubuque, Iowa, signed a Provisionally Accredited Levee
(PAL) agreement for the Dubuque Local Flood Protection Project Levee. As a result, the
PAL agreement became effective on May 17, 2009, and the Federal Emergency
Management Agency (FEMA) designated the Dubuque Local Flood Protection Project
Levee as a PAL on the Digital Flood Insurance Rate Maps (DFIRMs) for Dubuque
County, Iowa. The PAL designation will remain in effect until May 17, 2011, at which
will expire. This letter serves as a reminder of the upcoming
the City of Dubuque, Iowa, to submit all necessary
o demonstrate that the Dubuque Local Flood Protection Project
Levee is in full compliance with Code of Federal Regulations, Title 44, Section 65.10
(44 CFR 65.10).
In accordance with 44 CFR 65.10, it is the responsibility of the community or other party
seeking recognition of a levee system, to provide the data defined and outlined within
44 CFR 65.10. Specifically, the design and construction data provided must be certified
by a registered professional engineer or by a federal agency with responsibility for levee
design. If you are unable to submit documentation by May 17, 2011, or if the submitted
documentation is determined to be inadequate, FEMA will initiate a map revision to re-
designate certain areas on the landward side of the levee as floodprone. This area will be
remapped as being within a Special Flood Hazard Area (SFHA). The SFHA is the area
that is subject to flooding during the 1- percent - annual-chance flood.
The Dubuque Local Flood Protection Project Levee was labeled as a PAL during the two -
year PAL period to convey to map users that levee certification verification was
underway. FEMA reiterates its recommendation to communities to increase floodplain
management efforts and promote the purchase of flood insurance for all homes and
businesses in areas impacted by levee systems, including areas that are impacted by levee
systems that have been certified as providing 1- percent - annual-chance flood protection.
1 7 l/ffj / - ��u'
U.S. Department of Homeland Security
Region VII
9221 Ward Parkway, Suite 300
Kansas City, MO 64114 -3372
FEMA
www.fema.gov
m
0
Q
Risk is dynamic and may not be completely eliminated by any levee system. Levee
systems are designed and built to provide a certain level of flood protection and to reduce
the risks associated with flooding events in general. Levee systems can be overtopped or
fail during flood events that exceed the design -level storm. Additionally, it is highly
recommended that you consider this risk in your local emergency management plans,
including creating evacuation plans for this area.
Please send all complete 44 CFR 65.10 data submissions to my attention on or before
May 17, 2011. If you have questions or need additional information regarding the flood
mapping for your community, please contact Dawn Kinsey, community outreach
specialist, at (816) 283 -7055.
Sincerely,
Richard Leonard
Risk Analysis Branch Chief
Enclosure:
PAL Agreement
Fact Sheet: What Happens When the "PAL Expiration Date" is Reached
cc: Laura Carstens, Planning Services Manager, City of Dubuque
Michael C. Van Milligen, City Manager, City of Dubuque
Bill Cappuccio, State of Iowa NFIP Coordinator
Jerry Skalak, P.E., U.S. Army Corps of Engineers, Rock Island District
Senator Chuck Grassley
Senator Tom Harkin
Representative Bruce L. Braley
Letter of Agreement and Request for Provisionally Accredited Levee (PAL) Designation and
Agreement to Provide Adequate Compliance with the
Code of Federal Regulations, Title 44, Section 65.10 (44 CFR 65.10)
We, the undersigned, have received the letter from FEMA dated February 16, 2009, and the 'enclosed
document entitled "44 CFR Section 65.10: Mapping of Areas Protected by Levee Systems." We
understand that FEMA is in the process of providing updated flood maps for Dubuque County, Iowa, and
that the area behind the levee known as the Dubuque Local Flood Protection Project Levee remapped to
reflect that the levee has been designated as a PAL.
To the best of our knowledge, the Dubuque Local Flood Protection Project Levee meets the requirements
of 44 CFR 65.10. We hereby submit to FEMA, within 90 days (before May 17, 2009) our agreement to
provide FEMA with all the necessary information to show that the Dubuque Local Flood Protection
Project Levee complies with 44 CFR 65.10. We understand that this . documentation will be required
before May 17, 2011. This information will allow FEMA to move forward with the flood mapping for
Dubuque County, Iowa. We fully understand that if complete documentation of compliance with
44 CFR 65.10 is not provided within the designated timeframe of 24 months, FEMA will initiate a
revision to the Flood Insurance Rate Map to redesignate the area as flood - prone.
City of Dubuque Representative
Date: May 4, 2009
Community CEO
Date: May 4, 2009
Other (if applicable)
Date:
May 4, 2009
Michael Van.Mill
Ci ty Manager
Gus Psihoyos
City Engineer
Roy D. Buol
Mayor
(signature)
(print)
(signature)
(print)
(signature)
(print)
INTRODUCTION
As administrator of the National Flood Insurance
Program (NFIP), one of the primary responsibilities of
the Department of Homeland Security, Federal
Emergency Management Agency (FEMA) is providing
communities with up -to -date, accurate, and reliable
flood hazard and risk information on Digital Flood
Insurance Rate Maps (DFIRMs). As part of this effort,
FEMA has been working, and continues to work with
Federal, State, and local professionals and technical
partners to determine the flood protection and risk -
reduction capabilities of levee systems nationwide and to
accurately reflect the flood hazard and risk in "levee -
impacted" areas on DFIRMs.
FEMA also has issued guidance to clarify requirements
for submitting data and documentation to meet NFIP
regulatory requirements for the evaluation and mapping
of levee systems and levee - impacted areas. FEMA
issued the guidance as Procedure Memorandums, Fact
Sheets, Frequently Asked Questions documents, and
brochures, all of which are accessible through the FEMA
Web site. The gateway to the FEMA- provided
information, organized by stakeholder group, is:
www .fema.Rov /pJan/prevent/fhm/ly intro.shtm.
FEMA developed this Fact Sheet to explain NFIP
requirements further, with specific emphasis on what
happens when the 24 -month period for submitting data
and documentation to show a levee system's compliance
with the NFIP regulations expires.
What is a levee system? A levee system is a flood
protection system that consists of a levee, or levees, and
associated structures, such as closure and drainage
devices, which are constructed and operated in
accordance with sound engineering practices.
What is a levee? A levee is a manmade structure,
usually an earthen embankment, designed and
constructed in accordance with sound engineering
practices to contain, control, or divert the flow of water
so as to provide protection from temporary flooding.
FEMA
Does a levee system provide protection from all flood
events? No levee system provides full protection from
all flooding events. Levee systems are designed to
provide a speck level of protection. They can be
overtopped or fail during larger flood events. To retain
the design level of flood protection and risk reduction,
levee system owners must perform regular maintenance
and periodic upgrades.
What happens when levee systems fail? When levee
systems do fail, they often fail catastrophically, and the
resulting damage, including loss of life, may be more
significant than if the levee system had not been built.
Therefore, everyone should understand the risk to life
and property that exists in levee - impacted areas —risk
that even the best flood protection system cannot
eliminate completely.
APPLICABLE REGULATIONS
The NFIP regulatory requirements for the evaluation and
mapping of levee systems are cited in the Code of
Federal Regulations (CFR) at Title 44, Chapter 1,
Section 65.10 (44 CFR Section 65.10). You may access
44 CFR Section 65.10 through the FEMA Web site at
www .fema.gov /plan/prevent/fhm /lv fpm.shtm.
ROLES AND RESPONSIBILITIES
FEMA's primary responsibilities are as follows:
• Provide guidance regarding the NFIP regulatory and
procedural requirements related to levee systems;
• Review the data and documentation submitted by
others in compliance with those requirements;
• Accredit a levee system on the NFIP map (i.e.,
DFIRM) when the adequacy of the system is
supported by required data and documentation; and
• De- accredit or not accredit a levee system to reflect
the increased risk of flooding to people and
structures in the levee - impacted areas on the DFIRM
when submitted data and documentation show the
system is inadequate or data and documentation
cannot be provided.
SEPTEMBER 2009 PAGE 1
FEMA is not responsible for building, maintaining,
operating, or certifying levee systems. Thus,
communities, levee system owners, and/or local project
sponsors —not FEMA—must meet and maintain
compliance with 44 CFR Section 65.10 requirements if a
levee system is to be accredited on a DFIRM.
A levee system owner can be a Federal or State agency,
a water management or flood control district, a local
community, a levee district, a non - public organization,
or an individual. The party responsible for operating and
maintaining the levee system must be
• A Federal or State agency;
• An agency created by Federal or State law; or
• An agency of a community participating in the •
NFIP.
PROCEDURE DOCUMENTATION
FEMA developed Appendix H of Guidelines and
Specifications for Flood Hazard Mapping Partners to
implement the requirements in 44 CFR Section 65.10.
To clarify the regulatory and procedural requirements for
FEMA contractors and mapping partners, FEMA has
issued five Procedure Memorandums, summarized
below.
• Procedure Memorandum No. 34 (PM 34), issued
on August 22, 2005, clarifies that it is the levee
system owner or community's responsibility to
provide data and documentation to show that a levee
system meets 44 CFR Section 65.10 requirements
and provides clarification on procedures to minimize
delays in near -term studies /mapping projects and to
aid project teams in properly assessing how to
handle levee system- related mapping issues.
• Procedure Memorandum No. 43 (PM 43),
originally issued on September 25, 2006, provides
guidance on issuing preliminary and final effective
DFIRMs, while providing communities/levee system
owners with additional time to compile and submit
the data and documentation required to show
compliance with 44 CFR Section 65.10. PM 43
established the concept of "Provisionally
Accreditation Levee" or "PAL," systems.
Issued on March 16, 2007, the revised version of
PM 43 includes guidance on evaluating levee
systems that the U.S. Army Corps of Engineers
determined to be "maintenance deficient" and to
•
offer a one -time -only 1 -year "maintenance
deficiency correction period."
• Procedure Memorandum No. 45 (PM 45), issued
on May 12, 2008, provides updated guidance on the
notes that will appear on DFIRM panels on which
levee systems and levee - impacted areas are shown.
• Procedure Memorandum No. 52 (PM 52), issued
on April 24, 2009, implements updated guidelines
for mapping landward of accredited, non - accredited,
and de- accredited levee systems and for notifying
stakeholders when levee systems are de- accredited.
• Procedure Memorandum No. 53 (PM 53), also
issued on April 24, 2009, provides guidelines for
notification of communities/levee system owners
regarding expiring PAL designations and for
mapping of impacted areas.
These Procedure Memorandums are accessible through
www .fema.gov /plan/prevent/fhm/ly fpm.shtm.
PAL SYSTEM DESIGNATION
FEMA uses the PAL designation for a levee system
when FEMA has previously accredited the system on an
effective Flood Insurance Rate Map (FIRM) and FEMA
is waiting for a community/levee system owner to
submit data and/or documentation demonstrating the
levee system's compliance with 44 CFR Section 65.10.
A PAL system is shown on a DFIRM with the area
impacted by the PAL system mapped as a moderate -risk
area labeled Zone X (shaded), except for areas of
residual flooding, such as ponding areas. FEMA maps
the areas of residual flooding as high -risk areas, called
"Special Flood Hazard Areas," or "SFHAs."
FEMA places a note on the DFIRM panel landward of
the levee system to indicate FEMA has provisionally
accredited the levee system and the designation of any
existing Zone X (shaded) area is provisional. FEMA
also adds an explanatory note in the "Notes to Users"
section of the map frame. Examples of maps showing
the notes are included in the Fact Sheet titled "Meeting
the Criteria for Accrediting Levee Systems on NFIP
Flood Maps: How -to -Guide for Floodplain Managers
and Engineers," accessible through the Web page cited
above.
Before FEMA applies the PAL designation to a levee
system, the community/ levee system owner signs a
"PAL agreement" with FEMA. By signing the PAL
agreement, the community/levee system owner indicates
SEPTEMBER 2009 PAGE 2
the levee system complies with the requirements of
44 CFR Section 65.10 and that the data and
documentation required for compliance with 44 CFR
Section 65.10 will be provided to FEMA within 24
months of signing the agreement.
Once the 24 -month PAL period has been established,
FEMA will not extend it for any reason.
More detailed information on the requirements for the
PAL system designation is provided in "Guidelines for
Identifying Provisionally Accredited Levees," which
accompanied PM 43and is accessible through
www .fema.aov /plan/prevent/fhm /1v fpm.shtm.
PAL EXPIRATION DATE AND
FOLLOW -ON PROCEDURES
The "PAL Expiration Date" is the date by which a
community/levee system owner must submit all required
data and documentation to FEMA to show compliance
with 44 CFR Section 65.10.
In advance of the PAL Expiration Date, FEMA will send
a community/levee system owner two letters to remind
them of the commitment made in the PAL agreement.
The first letter will be sent 90 days before the PAL
Expiration Date, and the second letter will be sent 30
days before the PAL Expiration Date.
On the PAL Expiration Date, FEMA will review all
submitted data and documentation to determine if
44 CFR Section 65.10 requirements have been met.
Based on the findings from that review, FEMA will
follow one of the processes summarized below.
Data and Documentation Submitted Are
Complete and Are Sufficient To Show
Compliance with NFIP Regulatory
Requirements
If FEMA receives complete data before the PAL
Expiration Date, FEMA will follow the process below.
• FEMA notifies the community /levee system owner
of its determination in writing and initiates a map
revision to remove the PAL system notes from the
affected DFIRM panel(s).
• On the revised DFIRM panel(s), FEMA maintains
the presentation of the levee - impacted area as a
moderate -risk area, labeled Zone X (shaded), and
replaces the PAL system map notes and Notes to
User with the current map notes and Notes to Users
for accredited levee systems provided in PM 45.
• For most map revisions involving only changes to
the map notes and Notes to User, FEMA uses its
Physical Map Revision (PMR) process; for some
revisions, however, FEMA may determine that the
Letter of Map Revision (LOMR) process is
appropriate. The community review and comment
requirements for PMRs and LOMRs are documented
in Volume 2 of FEMA's Guidelines and
Specifications for Flood Hazard Mapping Partners.
• The affected communities update their floodplain
management ordinances as appropriate and submit
them to the FEMA Regional Office and the State
NFIP Coordinator for approval.
Data and Documentation Are Not
Submitted, Are Not Complete, or Are Not
Sufficient To Show Compliance with NFIP
Regulatory Requirements
If FEMA does not receive the required data by the PAL
Expiration Date, FEMA will follow the process below.
• FEMA notifies the community/levee system owner
of its determination in writing and initiates a map
revision to the affected DFIRM panel(s). No less
than 18 months shall pass before the revised DFIRM
is finalized.
• For the affected DFIRM panels, FEMA removes the
PAL system notes and maps the levee - impacted area
as a high -risk SFHA, labeled Zone A when base (1-
percent- annual- chance) flood elevations (BFEs) are
not depicted on the DFIRM or Zone AE when BFEs
are shown.
• FEMA provides a Preliminary version of the revised
DFIRM panels(s) and FIS report to the
community /communities for review and provides a
30 -day period to allow community officials,
residents, and business owners an opportunity to
comment.
• At the end of the review period, FEMA holds a
formal consultation meeting with community
officials. FEMA also may hold "open houses" for
the public.
• After these meetings have been held and all
comments have been addressed, FEMA proceeds
with finalizing the revised DFIRM panel(s).
• If new or revised BFEs are shown on the affected
Preliminary DFIRM panel(s) and in the Flood
Profiles included in the FIS report, FEMA initiates a
SEPTEMBER 2009 PAGE 3
statutorily required 90 -day appeal period for the
affected community /communities following the
requirements in 44 CFR Part 67.
• If new or revised BFEs are not shown on the
affected Preliminary DFIRM panel(s), FEMA
publishes a levee notice in the local newspaper and
initiates a 90 -day comment period for the affected
community /communities.
• At the end of the 90 -day appeal or comment period,
FEMA addresses any appeals of BFEs or other
comments (including the submittal of 44 CFR
Section 65.10- required data and documentation);
coordinates with community officials and appellants
as appropriate; and updates the affected DFIRM
panel(s) and FIS report materials if required.
• If required, FEMA provides Revised Preliminary
copies of the revised DFIRM panel(s) and FIS report
materials to the affected community officials and
appellants for review; coordinates with community
officials and appellants as appropriate; and updates
the affected DFIRM panel(s) and FIS report
materials if required.
• FEMA issues the LFD, which notifies the affected
community /communities that the DFIRM and FIS
report are final; establishes an effective date; and
reminds the affected community /communities that
updates to their floodplain management ordinances
may be required
• If FEMA receives the 44 CFR Section 65.10 -
required data/documentation prior to community
adoption of the new maps and within 2 months of
the LFD date (4 months before the new effective
date), FEMA revises the affected DFIRM panel(s) to
show the impacted area as a moderate -risk area,
labeled Zone X (shaded).
• The affected communities update their floodplain
management ordinances as appropriate based on the
new DFIRM panel(s) and FIS report and submit
them to the FEMA Regional Office and the State
NFIP Coordinator for approval before the effective
date.
IN SUMMARY
The provisional accreditation procedures for levee
systems have allowed FEMA to issue preliminary and
effective versions of a DFIRM while providing the
community /levee system owner a specified, reasonable
timeframe (24 months) to submit the data and
documentation required to show compliance with 44
CFR Section 65.10. For levee systems with maintenance
deficiencies (that are otherwise believed to comply with
the requirements of 44 CFR Section 65.10), the release
of new DFIRMs could be placed on hold for up to 1 year
to provide the community /levee system owner with
additional time to correct these deficiencies.
It is critical that community officials and citizens have
the most accurate and up -to -date information to make
decisions based on the flood risk that exists in levee -
impacted areas. Once the 24 -month PAL period has
been established, FEMA will not extend it for any
reason. Therefore, when the PAL Expiration Date is
reached, FEMA must begin the process of revising the
affected DFIRM panel(s) and FIS report materials based
on the data and documentation submitted to FEMA by
that date. Even after the PAL Expiration Date is
reached, however, FEMA procedures allow a
community/levee system owner to submit the
regulatorily required data and documentation for a
de- accredited levee system for FEMA review and
inclusion in preparing the final DFIRM panel(s) and FIS
report materials.
SEPTEMBER 2009 PAGE 4