2010-10-13 FEMA Update LetterThe Honorable James Realph Community: City of Blair, Washington County,
Mayor, City of Blair Nebraska
218 South 16 Street Community No.: 310228
Blair, Nebraska 68008
Dear Mayor Realph:
On June 4, 2010, the Department of Homeland Security's Federal Emergency Management
Agency (FEMA) provided your community with Preliminary copies of a Flood Insurance Study
(FIS) report and Flood Insurance Rate Map (FIRM). The FIS report and FIRM for your
community were prepared in our countywide format, which means that flood hazard information
for the entire geographic area of the county, including your community and all incorporated areas,
was presented. This information makes it appropriate to modify the elevations of the flood
having 1- percent chance of being equaled or exceeded in any given year (base flood) for certain
locations in the City of Blair, Washington County, Nebraska. Public notification by way of a
Standard Newspaper Notice that the proposed modifications in Base Flood Elevations (BFEs) are
posted in the BFE Notice for Studies on the FEMA Website
http://www,fema.gov/plan/prevent/flim/bfe will be given in the The Enterprise on or about
October 22, 2010 and October 29, 2010. The BFEs for the flooding sources are listed in the table
at the end of the BFE Notice for Studies. Also, the proposed BFE determinatioM be obtained
by calling the FEMA Map Information eXchange toll free at 1- 877 -FEMA MAP (1- 877 -336-
2627). A copy of the Standard Newspaper Notice and a copy of the Notice of Proposed Flood
Elevation Determinations published in the Federal Register, on October 5, 2010, 2010 at Volume
75, Pages 61379 and 61380 are enclosed for your information.
These proposed BFEs, if finalized, will become the basis for the floodplain management
measures that your community must adopt or show evidence of having in effect in order to
qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).
However, before any revised BFEs are effective for floodplain management purposes, you will be
provided an opportunity to appeal the proposed BFEs.
Section 110 of the Flood Disaster Protection Act of 1973 (Public Law 93 -234) is intended to
ensure an equitable balancing of all interests involved in the setting of BFE determinations. The
legislation provides for an explicit process of notification and appeals for your community and for
private persons prior to this office making the BFE determinations final. The appeal procedure is
outlined below for your information. The regulations FEMA developed to implement
Section 110 are listed in Title 44, Chapter I, Part 67, Code of Federal Regulations. A copy of the
NFIP regulations is enclosed.
During the 90-day appeal period following the second publication in the referenced newspaper,
any owner or lessee of real property in your community who believes his or her property rights
will be adversely affected by the BFE determinations may appeal to you, or to an agency that you
publicly designate. You must send copies of the individual appeals to the FEMA Region as soon
as you receive them. Note that the 90 -day appeal period is statutory and cannot be extended or
shortened for any reason. It is important to know, however, that the sole basis for the appeals is
having knowledge or information indicating that the proposed BFE determinations are
scientifically or technically incorrect. However, inquiries regarding data other than the proposed
BFE determinations (e.g., incorrect street names, typographical errors, omissions) will be
considered as comments and not appeals. Any applicable changes will be made before the
revised FIS report and FIRM become effective.
During the appeal period, private citizens who want to appeal should present to you the scientific
or technical data intended to negate or contradict FEMA's findings in any form, as you specify.
FEMA requests that you review and consolidate all appeals by private persons, and issue a
written opinion stating whether the evidence presented is sufficient to justify an official appeal by
your community on behalf of such persons. Your decision on whether an appeal by the
community in its own name will be made must be sent to this office within the 90 -day appeal
period and at the same time a copy must be sent to the FEMA Region VII.
Any documents submitted to you without evidence that they were sent within 90 days of the
second publication in the local newspaper will be considered comments. Your community may
find it appropriate to call further attention to the proposed BFE determinations and to the appeal
procedure by using a press release or other public notice.
If the FEMA Region does not receive an appeal from your community on behalf of individuals
within the 90 days provided, FEMA shall consolidate and review on their own merits the
individual appeals, which you have on file and forwarded to us. FEMA's final decision will be in
writing, and copies will be sent to each individual appellant and the State coordinating agency.
The appeal resolution process will consider any scientific or technical data submitted by your
community intended to negate or contradict the information upon which the proposed BFE
determinations are based. The appeal will be resolved by consultation with officials of the local
government involved, an administrative hearing, or submission of the conflicting data to an
independent scientific body or appropriate Federal agency for a determination. FEMA will
determine the method for resolution.
If your community cannot submit scientific or technical data before the end of the 90 -day appeal
period, you may nevertheless submit data at any time as specified in Part 65 of the NFIP
Regulations. If warranted, FEMA will revise the FIRM again after the effective date.
The reports and other information used for the final determination will be made available for
public inspection. Until the conflict of data is resolved and the revised FIRM becomes effective,
flood insurance available within your community shall continue to be available in accordance
with the effective FIRM dated July 17, 1995.
If warranted by substantive changes, during the appeal period, FEMA will send to you revised
copies of the FIS report and FIRM. At the end of the 90 -day appeal period and following the
resolution of any appeals, FEMA will send you a letter of final BFE determinations.
The FIRM panels for Washington County, Nebraska and Incorporated Areas have been
computer - generated. Once the FIS report and FIRM are printed and distributed, the digital files
containing the flood hazard data for the entire county can be provided to your community for use
in a computer mapping system. In the mean time, if you have any questions about the digital files
please contact Ray Martinez at Michael Baker, Jr. Inc., the designated mapping partner for
preparing digital mapping files. He can be reached at 703 - 960 -8800. These files can be used in
conjunction with other thematic data for purposes of floodplain management, insurance
determinations, and many other planning applications. In addition, your community may be
eligible for additional credits under the NFIP Community Rating System if you implement your
activities using digital mapping files.
If you have any questions regarding the proposed BFE determinations, revised FIS report, or
revised FIRM for your community, please contact the FEMA Map Information eXchange, toll
free, at 1- 877 -FEMA MAP (1- 877 - 336- 2627).
Sincerely,
i
Roy E. Wright
Deputy Director, Risk Analysis
Federal Insurance and Mitigation Administration
Enclosures:
Newspaper Notice
BFE Determination Notice to be published on FEMA's Web site
National Flood Insurance Program Regulations
cc: Community Map Repository
Mr. Philip Green, Assistant City Adminitstrator, City of Blair
DEPARTMENT OF HOMELAND SECURITY
FEDERAL EMERGENCY MANAGEMENT AGENCY
Proposed Base Flood Elevation Determination for City of Blair, City of Ft. Calhoun,
City of Herman, Village of Arlington, and the Unincorporated Areas of
Washington County, Nebraska. The Department of Homeland Security's Federal
Emergency Management Agency solicits technical information or comments on the
proposed Base (1- percent - annual- chance) Flood Elevations (BFEs) shown in the
Preliminary Flood Insurance Study (FIS) and on the Preliminary Flood Insurance Rate
Map (FIRM) for your community. These proposed BFEs are the basis for the floodplain
management measures that your community is required to either adopt or show evidence
of having in effect in order to qualify or remain qualified for participation in the National
Flood Insurance Program (NFIP). For a detailed listing of the proposed BFEs and
information on the statutory period provided for appeals, please visit FEMA's wcbsitc at
https:// www. tloodmaps .fema.�4ov /flim /Scrit)ts/bfe main.asp, or call the FEMA Map
Information cXchange toll free at 1- 877 -FEMA MAP.