HomeMy WebLinkAbout6808 Brook Drive LOMA 2CpC__01\t,[1 0\LC())T ,\
Federal Emergency Management Agency
Washington, D.C. 20472
February 14, 2013
THE HONORABLE JAMES HOVLAND
MAYOR, CITY OF EDINA
4801 WEST 50TH STREET
EDINA, MN 55424
DEAR MR. HOVLAND:
CASE NO.: 13-05-1988A
COMMUNITY: CITY OF EDINA, HENNEPIN COUNTY,
MINNESOTA
COMMUNITY NO.: 270160
This is in reference to a request that the Federal Emergency Management Agency (FEMA) determine
if the property described in the enclosed document is located within an identified Special Flood
Hazard Area, the area that would be inundated by the flood having a 1-percent chance of being equaled
or exceeded in any given year (base flood), on the effective National Flood Insurance Program (NFIP)
map. Using the information submitted and the effective NFIP map, our determination is shown on the
attached Letter of Map Revision (LOMR) Floodway Determination Document. This determination
document provides additional information regarding the effective NFIP map, the legal description of
the property and our determination.
Additional documents are enclosed which provide information regarding the subject property and
LOMRs. Please see the List of Enclosures below to determine which documents are enclosed. Other
attachments specific to this request may be included as referenced in the Determination/Comment
document. If you have any questions about this letter or any of the enclosures, please contact the
FEMA Map Assistance Center toll free at (877) 336-2627 (877-FEMA MAP) or by letter addressed
to the Federal Emergency Management Agency, LOMC Clearinghouse, 847 South Pickett Street,
Alexandria, VA 22304-4605.
Sincerely,
Luis Rodriguez, P.E., Chief
Engineering Management Branch
Federal Insurance and Mitigation Administration
LIST OF ENCLOSURES:
LOMR-FW DETERMINATION DOCUMENT (REMOVAL)
cc: State/Commonwealth NFIP Coordinator
Community Map Repository
Region
Mr. Mark S. Hanson
Page 1 of 2 1 IDate: February 14,2013 ICase No.: 13-05-1988A I LOMR-FW
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2),.4V-tsPQ, Federal Emergency Management Agency .... -, $•- Washington, D.C. 20472 D
LETTER OF MAP REVISION FLOODWAY
DETERMINATION DOCUMENT (REMOVAL)
COMMUNITY AND MAP PANEL INFORMATION LEGAL PROPERTY DESCRIPTION
COMMUNITY
CITY OF EDINA, HENNEPIN
COUNTY, MINNESOTA
Lot 3, Block 9, La Buena Vista, as described in the Warranty Deed,
recorded as Document No. 15021240, in the Office of the County
Registrar of Titles, Hennepin County, Minnesota
COMMUNITY NO.: 270160
AFFECTED
MAP PANEL
NUMBER: 27053C0363E
DATE: 9/2/2004
FLOODING SOURCE: NINE MILE CREEK APPROXIMATE LATITUDE & LONGITUDE OF PROPERTY: 44.879, -93.362
SOURCE OF LAT & LONG: ARCGIS 10 DATUM: NAD 83
DETERMINATION
LOT BLOCK/
SECTION
SUBDIVISION STREET
OUTCOME
WHAT IS
REMOVED FROM
THE SFHA
FLOOD
ZONE
1% ANNUAL
CHANCE
FLOOD
ELEVATION
(NGVD 29)
LOWEST
ADJACENT
GRADE
ELEVATION
(NGVD 29)
LOWEST
LOT
ELEVATION
(NGVD 29)
3 9 La Buena Vista 6808 Brook Drive Structure
(Residence)
X
(shaded)
-- 845.0 feet --
Special Flood Hazard Area (SFHA) - The SFHA is an area that would be inundated by the flood having a 1-percent chance of being
equaled or exceeded in any given year (base flood).
ADDITIONAL CONSIDERATIONS (Please refer to the appropriate section on Attachment 1 for the additional considerations listed below.)
INADVERTENT INCLUSION FLOODWAY 1
STUDY UNDERWAY
This document provides the Federal Emergency Management Agency's determination regarding a request for a Letter of Map Revision for the
property described above. Using the information submitted and the effective National Flood Insurance Program (NFIP) map, we have
determined that the structure(s) on the property(ies) is/are not located in the NFIP regulatory floodway or the SFHA, an area inundated by the
flood having a 1-percent chance of being equaled or exceeded in any given year (base flood). This document revises the effective NFIP map to
remove the subject property from the NFIP regulatory floodway and the SFHA located on the effective NFIP map; therefore, the Federal
mandatory flood insurance requirement does not apply. However, the lender has the option to continue the flood insurance requirement to
protect its financial risk on the loan. A Preferred Risk Policy (PRP) is available for buildings located outside the SFHA. Information about the
PRP and how one can apply is enclosed.
This determination is based on the flood data presently available. The enclosed documents provide additional information regarding this
determination. If you have any questions about this document, please contact the FEMA Map Assistance Center toll free at (877) 336-2627
(877-FEMA MAP) or by letter addressed to the Federal Emergency Management Agency, LOMC Clearinghouse, 847 South Pickett Street,
Alexandria, VA 22304-4605.
Luis Rodriguez, P.E., Chief
Engineering Management Branch
Federal Insurance and Mitigation Administration
Page 2 of 2 I 'Date: February 14, 2013 'Case No.: 13-05-1988A I LOMR-FW
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\VII Federal Emergency Management Agency
Washington, D.C. 20472
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LETTER OF MAP REVISION FLOODWAY
DETERMINATION DOCUMENT (REMOVAL)
ATTACHMENT 1 (ADDITIONAL CONSIDERATIONS)
INADVERTENT INCLUSION IN THE FLOODWAY 1 (PORTIONS OF THE PROPERTY REMAIN IN THE
FLOODWAY) (This Additional Consideration applies to the preceding 1 Property.)
A portion of this property is located within the National Flood Insurance Program (NFIP) regulatory floodway for
the flooding source indicated on the Determination Document, while the subject of this determination is not. The
NFIP regulatory floodway is the area that must remain unobstructed in order to prevent unacceptable increases in
base flood elevations. Therefore, no construction may take place in an NFIP regulatory floodway that may cause
an increase in the base flood elevation, and any future construction or substantial improvement on the property
remains subject to Federal, State/Commonwealth, and local regulations for floodplain management. The NFIP
regulatory floodway is provided to the community as a tool to regulate floodplain development. Therefore, the
NFIP regulatory floodway modification described in the Determination Document, while acceptable to the Federal
Emergency Management Agency (FEMA), must also be acceptable to the community and adopted by
appropriate community action, as specified in Paragraph 60.3(d) of the NFIP regulations. Any proposed revision
to the NFIP regulatory floodway must be submitted to FEMA by community officials. The community should
contact either the Regional Director (for those communities in Regions I-IV, and VI-X), or the Regional Engineer
(for those communities in Region V) for guidance on the data which must be submitted for a revision to the NFIP
regulatory floodway. Contact information for each regional office can be obtained by calling the FEMA Map
Assistance Center toll free at (877) 336-2627 (877-FEMA MAP) or from our web site at
http://www.fema.gov/about/regoffhtm.
STUDY UNDERWAY (This Additional Consideration applies to all properties in the LOMR-FW
DETERMINATION DOCUMENT (REMOVAL))
This determination is based on the flood data presently available. However, the Federal Emergency
Management Agency is currently revising the National Flood Insurance Program (NFIP) map for the community.
New flood data could be generated that may affect this property. When the new NFIP map is issued it will
supersede this determination. The Federal requirement for the purchase of flood insurance will then be based on
the newly revised NFIP map.
This attachment provides additional information regarding this request. If you have any questions about this attachment, please contact the
FEMA Map Assistance Center toll free at (877) 336-2627 (877-FEMA MAP) or by letter addressed to the Federal Emergency Management
Agency, LOMC Clearinghouse, 847 South Pickett Street, Alexandria, VA 22304-4605.
Luis Rodriguez, P.E., Chief
Engineering Management Branch
Federal Insurance and Mitigation Administration
Federal Emergency Management Agency
Washington, D.C. 20472
ADDITIONAL INFORMATION REGARDING
LETTERS OF MAP AMENDMENT
When making determinations on requests for Letters of Map Amendment (LOMAs), the Department of
Homeland Security's Federal Emergency Management Agency (FEMA) bases its determination on the
flood hazard information available at the time of the determination. Requesters should be aware that
flood conditions may change or new information may be generated that would supersede FEMA's
determination. In such cases, the community will be informed by letter.
Requesters also should be aware that removal of a property (parcel of land or structure) from the Special
Flood Hazard Area (SFHA) means FEMA has determined the property is not subject to inundation by the
flood having a 1-percent chance of being equaled or exceeded in any given year (base flood). This does
not mean the property is not subject to other flood hazards. The property could be inundated by a flood
with a magnitude greater than the base flood or by localized flooding not shown on the effective National
Flood Insurance Program (NFIP) map.
The effect of a LOMA is it removes the Federal requirement for the lender to require flood insurance
coverage for the property described. The LOMA is not a waiver of the condition that the property owner
maintain flood insurance coverage for the property. Only the lender can waive the flood insurance
purchase requirement because the lender imposed the requirement. The property owner must request and
receive a written waiver from the lender before canceling the policy. The lender may determine, on its own
as a business decision, that it wishes to continue the flood insurance requirement to protect its financial
risk on the loan.
The LOMA provides FEMA's comment on the mandatory flood insurance requirements of the NFIP as
they apply to a particular property. A LOMA is not a building permit, nor should it be construed as such.
Any development, new construction, or substantial improvement of a property impacted by a LOMA must
comply with all applicable State and local criteria and other Federal criteria.
If a lender releases a property owner from the flood insurance requirement, and the property owner decides
to cancel the policy and seek a refund, the NFU' will refund the premium paid for the current policy year,
provided that no claim is pending or has been paid on the policy during the current policy year. The
property owner must provide a written waiver of the insurance requirement from the lender to the property
insurance agent or company servicing his or her policy. The agent or company will then process the
refund request.
Even though structures are not located in an SFHA, as mentioned above, they could be flooded by a
flooding event with a greater magnitude than the base flood. In fact, more than 25 percent of all claims
paid by the NFIP are for policies for structures located outside the SFHA in Zones B, C, X (shaded), or X
(unshaded). More than one-fourth of all policies purchased under the NFIP protect structures located in
these zones. The risk to structures located outside SFHAs is just not as great as the risk to structures
located in SFHAs. Finally, approximately 90 percent of all federally declared disasters are caused by
flooding, and homeowners insurance does not provide financial protection from this flooding. Therefore,
FEMA encourages the widest possible coverage under the NFIP.
LOMAENC-1
The NH? offers two types of flood insurance policies to property owners: the low-cost Preferred Risk
Policy (PRP) and the Standard Flood Insurance Policy (SHP). The PRP is available for 1- to 4-family
residential structures located outside the SFHA with little or no loss history. The PRP is available for
townhouse/rowhouse-type structures, but is not available for other types of condominium units. The SFTP
is available for all other structures. Additional information on the PRP and how a property owner can
quality for this type of policy may be obtained by calling the Flood Insurance Information Hotline, toll free,
at 1-800427-4661. Before making a final decision about flood insurance coverage, FEMA strongly
encourages property owners to discuss their individual flood risk situations and insurance needs with an
insurance agent or company.
FEMA has established "Grandfather" rules to benefit flood insurance policyholders who have maintained
continuous coverage. Property owners may wish to note also that, if they live outside but on the fringe of
the SFHA shown on an effective NFIP map and the map is revised to expand the SFHA to include their
structure(s), their flood insurance policy rates will not increase as long as the coverage for the affected
structure(s) has been continuous. Property owners would continue to receive the lower insurance policy
rates.
LOMAs are based on minimum criteria established by the NFIP. State, county, and community officials,
based on knowledge of local conditions and in the interest of safety, may set higher standards for
construction in the SFHA. If a State, county, or community has adopted more restrictive and
comprehensive floodplain management criteria, these criteria take precedence over the minimum Federal
criteria.
In accordance with regulations adopted by the community when it made application to join the NFIP,
letters issued to amend an NFIP map must be attached to the community's official record copy of the map.
That map is available for public inspection at the community's official map repository. Therefore, FEMA
sends copies of all such letters to the affected community's official map repository.
When a restudy is undertaken, or when a sufficient number of revisions or amendments occur on particular
map panels, FEMA initiates the printing and distribution process for the affected panels. FEMA notifies
community officials in writing when affected map panels are being physically revised and distributed. In
such cases, FEMA attempts to reflect the results of the LOMA on the new map panel. If the results of
particular LOMAs cannot be reflected on the new map panel because of scale limitations, FEMA notifies
the community in writing and revalidates the LOMAs in that letter. LOMAs revalidated in this way
usually will become effective 1 day after the effective date of the revised map.
LOMAENC-1