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HomeMy WebLinkAboutAppendix O - FEMA Approval of Letter of Map Amendment (LOMA)Case No.: 20-09-1145ADate: LOMA Federal Emergency Management Agency Washington, D.C. 20472 Page 1 of 2 May 22, 2020 APPROXIMATE LATITUDE & LONGITUDE OF PROPERTY:32.588896, -117.033960 SOURCE OF LAT & LONG: LOMA LOGIC COMMUNITY AND MAP PANEL INFORMATION LEGAL PROPERTY DESCRIPTION COMMUNITY AFFECTED MAP PANEL NUMBER: 06073C2158G DATE: 5/16/2012 FLOODING SOURCE: OTAY RIVER CITY OF CHULA VISTA, SAN DIEGO COUNTY, CALIFORNIA A portion of Section 24, Township 18 South, Range 2 West, San Bernardino Meridian, as described in the Grant Deed recorded as Document No. 2004-0777337, Pages 13994 and 13995, in the Office of the County Recorder, San Diego County, California (APN: 624-071-02) COMMUNITY NO.: 065021 DATUM: NAD 83 DETERMINATION DOCUMENT (REMOVAL) LETTER OF MAP AMENDMENT DETERMINATION STREET FLOOD ZONE LOWEST LOT ELEVATION (NAVD 88) BLOCK/ SECTION SUBDIVISIONLOT OUTCOME 1% ANNUAL CHANCE FLOOD ELEVATION (NAVD 88) LOWEST ADJACENT GRADE ELEVATION (NAVD 88) WHAT IS REMOVED FROM THE SFHA -- 97.9 feet----X (shaded) Property------ 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.) STATE LOCAL CONSIDERATIONS This document provides the Federal Emergency Management Agency's determination regarding a request for a Letter of Map Amendment for the property described above. Using the information submitted and the effective National Flood Insurance Program (NFIP) map, we have determined that the property(ies) is/are not located in 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 amends the effective NFIP map to remove the subject property from 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 Information eXchange (FMIX) toll free at (877) 336-2627 (877-FEMA MAP) or by letter addressed to the Federal Emergency Management Agency, Engineering Library, 3601 Eisenhower Ave Ste 500, Alexandria, VA 22304-6426. Luis V. Rodriguez, P.E., Director Engineering and Modeling Division Federal Insurance and Mitigation Administration Case No.: 20-09-1145ADate: LOMA Federal Emergency Management Agency Washington, D.C. 20472 Page 2 of 2 May 22, 2020 LETTER OF MAP AMENDMENT DETERMINATION DOCUMENT (REMOVAL) ATTACHMENT 1 (ADDITIONAL CONSIDERATIONS) STATE AND LOCAL CONSIDERATIONS (This Additional Consideration applies to all properties in the LOMA DETERMINATION DOCUMENT (REMOVAL)) Please note that this document does not override or supersede any State or local procedural or substantive provisions which may apply to floodplain management requirements associated with amendments to State or local floodplain zoning ordinances, maps, or State or local procedures adopted under the National Flood Insurance Program. This attachment provides additional information regarding this request. If you have any questions about this attachment, please contact the FEMA Map Information eXchange (FMIX) toll free at (877) 336-2627 (877-FEMA MAP) or by letter addressed to the Federal Emergency Management Agency, Engineering Library, 3601 Eisenhower Ave Ste 500, Alexandria, VA 22304-6426. Luis V. Rodriguez, P.E., Director Engineering and Modeling Division Federal Insurance and Mitigation Administration MS. CHELISA PACK PROJECT DESIGN CONSULTANTS 701 B STREET SUITE 800 SAN DIEGO, CA 92101 CASE NO.: 20-09-1145A COMMUNITY: CITY OF CHULA VISTA, SAN DIEGO COUNTY, CALIFORNIA COMMUNITY NO.: 065021 May 22, 2020 Washington, D.C. 20472 Federal Emergency Management Agency DEAR MS. PACK: 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 Amendment (LOMA) 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 LOMAs. 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 Information eXchange (FMIX) toll free at (877) 336-2627 (877-FEMA MAP) or by letter addressed to the Federal Emergency Management Agency, Engineering Library, 3601 Eisenhower Ave Ste 500, Alexandria, VA 22304-6426. Sincerely, LIST OF ENCLOSURES: LOMA DETERMINATION DOCUMENT (REMOVAL) Luis V. Rodriguez, P.E., Director Engineering and Modeling Division Federal Insurance and Mitigation Administration State/Commonwealth NFIP Coordinator Community Map Repository Region cc: 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 NFIP 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 (LOMA Removal) The NFIP offers two types of flood insurance policies to property owners: the low-cost Preferred Risk Policy (PRP) and the Standard Flood Insurance Policy (SFIP). 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 SFIP 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 1-800- 427-4661. 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. TABLE OF CONTENTS 1. INTRODUCTION .................................................................................................................. 1 2. SUMMARY OF METHODOLOGY ...................................................................................... 1 2.1 Existing Condition of the Property ...................................................................................... 1 2.2 Floodplain Base Flood Elevation Comparison .................................................................... 2 3. CONCLUSIONS..................................................................................................................... 2 APPENDICES 1 FEMA Forms, Package MT-1 2 Exhibits P:\4409\Engr\Reports-4409.02-Nakano\Entitlement\LOMA\4409.02 LOMA.docx 1 1. INTRODUCTION This Letter of Map Amendment (LOMA) has been prepared in order to certify that the existing property within the Nakano project in the City of Chula Vista, California is above the flood elevations as indicated on the NFIP map. The purpose of the application is to demonstrate that the existing elevations of the Nakano property are above the flood elevations indicated by Zone AE as shown in the FIRM Panel No. 06073C2158G, effective date May 16, 2012. The Zone AE floodplain extends along the north portion of the site with water surface elevations ranging from 83.8 to 92.7 ft. MSL (NGVD 29). Note that there a 2.17 conversion from NAVD88 to NGVD29 datum. The elevations listed on the exhibit show elevations per the NGVD29 datum. 2. SUMMARY OF METHODOLOGY The following summarizes how the base flood elevations were determined in order to ensure the existing elevations are above the base flood and enable their removal from the special flood hazard area mapping. 2.1 Existing Condition of the Property The Nakano site consists of approximately 23.8 acres of existing hillside and grass land use located within the Otay Mesa neighborhood of the City of Chula Vista. The site is bounded by Kaiser Permanente medical offices to the South, Interstate 805 to the West, an existing residential site to the east and Otay River to the North. Existing condition onsite includes grassland, hillside, utilities facilities, and a small dirt paths traversing the property. Per the FIRM panel, in the existing condition, the floodplain encroaches into the site along the northern extents of the project boundary. Along the northern portion of the property the site is affected by Zone AE. Refer to Exhibit A-1 for the existing floodplain exhibit depicting the relationship of the floodplain to the property. P:\4409\Engr\Reports-4409.02-Nakano\Entitlement\LOMA\4409.02 LOMA.docx 2 2.2 Floodplain Base Flood Elevation Comparison The base flood elevations (BFE) were taken from the FEMA FIRM Panel No. 06073C2158G, effective date May 16, 2012. The Zone AE floodplain extends along the north portion of the site with water surface elevations ranging from 83.8 to 92.7 ft. MSL (NGVD 29). The lowest point on the site along the northern property line is 95.7, three feet above the highest floodplain elevation at the northwest corner of the site of 92.7. This comparison of the worst case scenario of the lowest elevation on the existing property is still three feet higher than the highest floodway elevation at any point on site indicates that the entire site can be removed from the special flood hazard area mapping. 3. CONCLUSIONS The existing property elevations indicate that the entire site is higher than the determined Zone AE special flood hazard area base flood elevations for the Otay River. Therefore, this report supports a recommendation that the entire property identified be removed from the 100-year floodplain limits. APPENDIX 1 FEMA Forms, Package MT-1 MT-1 Form 1 Property Information DEPARTMENT OF HOMELAND SECURITY - FEDERAL EMERGENCY MANAGEMENT AGENCY O.M.B. NO. 1660-0015 PROPERTY INFORMATION FORM Expires February 28, 2014 PAPERWORK BURDEN DISCLOSURE NOTICE Public reporting burden for this data collection is estimated to average 1.63 hours per response. The burden estimate includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the needed data, and completing and submitting the form. This collection is required to obtain or retain benefits. You are not required to respond to this collection of information unless a valid OMB control number is displayed on this form. Send comments regarding the accuracy of the burden estimate and any suggestions for reducing this burden to: Information Collections Management, Department of Homeland Security, Federal Emergency Management Agency, 1800 South Bell Street, Arlington, VA 20598-3005, Paperwork Reduction Project (1660-0015). NOTE: Do not send your completed form to this address. This form may be completed by the property owner, property owner’s agent, licensed land surveyor, or registered professional engineer to support a request for a Letter of Map Amendment (LOMA), Conditional Letter of Map Amendment (CLOMA), Letter of Map Revision Based on Fill (LOMR-F), or Conditional Letter of Map Revision Based on Fill (CLOMR-F) for existing or proposed, single or multiple lots/structures. In order to process your request, all information on this form must be completed in its entirety, unless stated as optional. Incomplete submissions will result in processing delays. Please check the item below that describes your request: LOMA A letter from DHS-FEMA stating that an existing structure or parcel of land that has not been elevated by fill (natural grade) would not be inundated by the base flood. CLOMA A letter from DHS-FEMA stating that a proposed structure that is not to be elevated by fill (natural grade) would not be inundated by the base flood if built as proposed. LOMR-F A letter from DHS-FEMA stating that an existing structure or parcel of land that has been elevated by fill would not be inundated by the base flood. CLOMR-F A letter from DHS-FEMA stating that a parcel of land or proposed structure that will be elevated by fill would not be inundated by the base flood if fill is placed on the parcel as proposed or the structure is built as proposed. Fill is defined as material from any source (including the subject property) placed that raises the ground to or above the Base Flood Elevation (BFE). The common construction practice of removing unsuitable existing material (topsoil) and backfilling with select structural material is not considered the placement of fill if the practice does not alter the existing (natural grade) elevation, which is at or above the BFE. Fill that is placed before the date of the first National Flood Insurance Program (NFIP) map showing the area in a Special Flood Hazard Area (SFHA) is considered natural grade. Has fill been placed on your property to raise ground that was previously below the BFE? Yes No If yes, when was fill placed? / month/year Will fill be placed on your property to raise ground that is below the BFE? Yes* No If yes, when will fill be placed? / month/year * If yes, Endangered Species Act (ESA) compliance must be documented to FEMA prior to issuance of the CLOMR-F determination (please refer page 4 to the MT-1 instructions). 1. Street Address of the Property (if request is for multiple structures or units, please attach additional sheet referencing each address and enter street names below): 2. Legal description of Property (Lot, Block, Subdivision or abbreviated description from the Deed): 3. Are you requesting that a flood zone determination be completed for (check one): Structures on the property? What are the dates of construction? _______________ (MM/YYYY) A portion of land within the bounds of the property? (A certified metes and bounds description and map of the area to be removed, certified by a licensed land surveyor or registered professional engineer, are required. For the preferred format of metes and bounds descriptions, please refer to the MT-1 Form 1 Instructions.) The entire legally recorded property? 4. Is this request for a (check one): Single structure Single lot Multiple structures (How many structures are involved in your request? List the number: _______) Multiple lots (How many lots are involved in your request? List the number: _______) DHS - FEMA Form 086-0-26, FEB 11 Property Information Form MT-1 Form 1 Page 1 of 2 X X Nakano (North of the intersection of Dennery Rd & Regatta Lane, Chula Vista, CA) (APN 624-071-02) See Attached for Legal Description of Property LEGAL DESCRIPTION PARCEL1: THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 18 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER; THENCE ALONG THE SOUTH LINE THEREOF SOUTH 89°42’04” WEST, 1069.30 FEET TO THE EASTERLY LINE OF FREEWAY DESCRIBED IN FINAL ORDER OF CONDEMNATION RECORDED JULY 22, 1968 AS FILE NO. 123499 OFFICAL RECORDS; THENCE ALONG SAID EASTERLY LINE NORTH 3°47’10” EAST, 918.10 FEET; THENCE NORTH 80°52”26” EAST, 1030.62 FEET TO THE EAST LINE OF SAID SECTION: THENCE ALONG SAID EAST LINE SOUTH 0°28’33” WEST, 1074.02 FEET TO THE POINT OF BEGINNING. PARCEL 2: AN EASEMENT FOR ROAD AND WATER PIPELINE PURPOSES 15 FEET WIDE ALONG THE EXSTING TRAVELED ROAD ACROSS THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER AND THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION LYING NORTHERLY OF THE NORTHERLY LINE OF PARCEL 1 ABOVE. EXCEPTING THAT PORTION LYING WITHIN SAID FREEWAY AND OTAY VALLEY ROAD. Annotated FIRM Panel Grant Deed MT-1 Form 2 Elevation Form APPENDIX 2 Exhibits APPENDIX 7 FEMA Approval Letter for LOMA Case No.: 20-09-1145ADate: LOMA Federal Emergency Management Agency Washington, D.C. 20472 Page 1 of 2 May 22, 2020 APPROXIMATE LATITUDE & LONGITUDE OF PROPERTY:32.588896, -117.033960 SOURCE OF LAT & LONG: LOMA LOGIC COMMUNITY AND MAP PANEL INFORMATION LEGAL PROPERTY DESCRIPTION COMMUNITY AFFECTED MAP PANEL NUMBER: 06073C2158G DATE: 5/16/2012 FLOODING SOURCE: OTAY RIVER CITY OF CHULA VISTA, SAN DIEGO COUNTY, CALIFORNIA A portion of Section 24, Township 18 South, Range 2 West, San Bernardino Meridian, as described in the Grant Deed recorded as Document No. 2004-0777337, Pages 13994 and 13995, in the Office of the County Recorder, San Diego County, California (APN: 624-071-02) COMMUNITY NO.: 065021 DATUM: NAD 83 DETERMINATION DOCUMENT (REMOVAL) LETTER OF MAP AMENDMENT DETERMINATION STREET FLOOD ZONE LOWEST LOT ELEVATION (NAVD 88) BLOCK/ SECTION SUBDIVISIONLOT OUTCOME 1% ANNUAL CHANCE FLOOD ELEVATION (NAVD 88) LOWEST ADJACENT GRADE ELEVATION (NAVD 88) WHAT IS REMOVED FROM THE SFHA -- 97.9 feet----X (shaded) Property------ 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.) STATE LOCAL CONSIDERATIONS This document provides the Federal Emergency Management Agency's determination regarding a request for a Letter of Map Amendment for the property described above. Using the information submitted and the effective National Flood Insurance Program (NFIP) map, we have determined that the property(ies) is/are not located in 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 amends the effective NFIP map to remove the subject property from 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 Information eXchange (FMIX) toll free at (877) 336-2627 (877-FEMA MAP) or by letter addressed to the Federal Emergency Management Agency, Engineering Library, 3601 Eisenhower Ave Ste 500, Alexandria, VA 22304-6426. Luis V. Rodriguez, P.E., Director Engineering and Modeling Division Federal Insurance and Mitigation Administration Case No.: 20-09-1145ADate: LOMA Federal Emergency Management Agency Washington, D.C. 20472 Page 2 of 2 May 22, 2020 LETTER OF MAP AMENDMENT DETERMINATION DOCUMENT (REMOVAL) ATTACHMENT 1 (ADDITIONAL CONSIDERATIONS) STATE AND LOCAL CONSIDERATIONS (This Additional Consideration applies to all properties in the LOMA DETERMINATION DOCUMENT (REMOVAL)) Please note that this document does not override or supersede any State or local procedural or substantive provisions which may apply to floodplain management requirements associated with amendments to State or local floodplain zoning ordinances, maps, or State or local procedures adopted under the National Flood Insurance Program. This attachment provides additional information regarding this request. If you have any questions about this attachment, please contact the FEMA Map Information eXchange (FMIX) toll free at (877) 336-2627 (877-FEMA MAP) or by letter addressed to the Federal Emergency Management Agency, Engineering Library, 3601 Eisenhower Ave Ste 500, Alexandria, VA 22304-6426. Luis V. Rodriguez, P.E., Director Engineering and Modeling Division Federal Insurance and Mitigation Administration MS. CHELISA PACK PROJECT DESIGN CONSULTANTS 701 B STREET SUITE 800 SAN DIEGO, CA 92101 CASE NO.: 20-09-1145A COMMUNITY: CITY OF CHULA VISTA, SAN DIEGO COUNTY, CALIFORNIA COMMUNITY NO.: 065021 May 22, 2020 Washington, D.C. 20472 Federal Emergency Management Agency DEAR MS. PACK: 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 Amendment (LOMA) 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 LOMAs. 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 Information eXchange (FMIX) toll free at (877) 336-2627 (877-FEMA MAP) or by letter addressed to the Federal Emergency Management Agency, Engineering Library, 3601 Eisenhower Ave Ste 500, Alexandria, VA 22304-6426. Sincerely, LIST OF ENCLOSURES: LOMA DETERMINATION DOCUMENT (REMOVAL) Luis V. Rodriguez, P.E., Director Engineering and Modeling Division Federal Insurance and Mitigation Administration State/Commonwealth NFIP Coordinator Community Map Repository Region cc: 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 NFIP 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 (LOMA Removal) The NFIP offers two types of flood insurance policies to property owners: the low-cost Preferred Risk Policy (PRP) and the Standard Flood Insurance Policy (SFIP). 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 SFIP 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 1-800- 427-4661. 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. TABLE OF CONTENTS 1. INTRODUCTION .................................................................................................................. 1 2. SUMMARY OF METHODOLOGY ...................................................................................... 1 2.1 Existing Condition of the Property ...................................................................................... 1 2.2 Floodplain Base Flood Elevation Comparison .................................................................... 2 3. CONCLUSIONS..................................................................................................................... 2 APPENDICES 1 FEMA Forms, Package MT-1 2 Exhibits P:\4409\Engr\Reports-4409.02-Nakano\Entitlement\LOMA\4409.02 LOMA.docx 1 1. INTRODUCTION This Letter of Map Amendment (LOMA) has been prepared in order to certify that the existing property within the Nakano project in the City of Chula Vista, California is above the flood elevations as indicated on the NFIP map. The purpose of the application is to demonstrate that the existing elevations of the Nakano property are above the flood elevations indicated by Zone AE as shown in the FIRM Panel No. 06073C2158G, effective date May 16, 2012. The Zone AE floodplain extends along the north portion of the site with water surface elevations ranging from 83.8 to 92.7 ft. MSL (NGVD 29). Note that there a 2.17 conversion from NAVD88 to NGVD29 datum. The elevations listed on the exhibit show elevations per the NGVD29 datum. 2. SUMMARY OF METHODOLOGY The following summarizes how the base flood elevations were determined in order to ensure the existing elevations are above the base flood and enable their removal from the special flood hazard area mapping. 2.1 Existing Condition of the Property The Nakano site consists of approximately 23.8 acres of existing hillside and grass land use located within the Otay Mesa neighborhood of the City of Chula Vista. The site is bounded by Kaiser Permanente medical offices to the South, Interstate 805 to the West, an existing residential site to the east and Otay River to the North. Existing condition onsite includes grassland, hillside, utilities facilities, and a small dirt paths traversing the property. Per the FIRM panel, in the existing condition, the floodplain encroaches into the site along the northern extents of the project boundary. Along the northern portion of the property the site is affected by Zone AE. Refer to Exhibit A-1 for the existing floodplain exhibit depicting the relationship of the floodplain to the property. P:\4409\Engr\Reports-4409.02-Nakano\Entitlement\LOMA\4409.02 LOMA.docx 2 2.2 Floodplain Base Flood Elevation Comparison The base flood elevations (BFE) were taken from the FEMA FIRM Panel No. 06073C2158G, effective date May 16, 2012. The Zone AE floodplain extends along the north portion of the site with water surface elevations ranging from 83.8 to 92.7 ft. MSL (NGVD 29). The lowest point on the site along the northern property line is 95.7, three feet above the highest floodplain elevation at the northwest corner of the site of 92.7. This comparison of the worst case scenario of the lowest elevation on the existing property is still three feet higher than the highest floodway elevation at any point on site indicates that the entire site can be removed from the special flood hazard area mapping. 3. CONCLUSIONS The existing property elevations indicate that the entire site is higher than the determined Zone AE special flood hazard area base flood elevations for the Otay River. Therefore, this report supports a recommendation that the entire property identified be removed from the 100-year floodplain limits. APPENDIX 1 FEMA Forms, Package MT-1 MT-1 Form 1 Property Information DEPARTMENT OF HOMELAND SECURITY - FEDERAL EMERGENCY MANAGEMENT AGENCY O.M.B. NO. 1660-0015 PROPERTY INFORMATION FORM Expires February 28, 2014 PAPERWORK BURDEN DISCLOSURE NOTICE Public reporting burden for this data collection is estimated to average 1.63 hours per response. The burden estimate includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the needed data, and completing and submitting the form. This collection is required to obtain or retain benefits. You are not required to respond to this collection of information unless a valid OMB control number is displayed on this form. Send comments regarding the accuracy of the burden estimate and any suggestions for reducing this burden to: Information Collections Management, Department of Homeland Security, Federal Emergency Management Agency, 1800 South Bell Street, Arlington, VA 20598-3005, Paperwork Reduction Project (1660-0015). NOTE: Do not send your completed form to this address. This form may be completed by the property owner, property owner’s agent, licensed land surveyor, or registered professional engineer to support a request for a Letter of Map Amendment (LOMA), Conditional Letter of Map Amendment (CLOMA), Letter of Map Revision Based on Fill (LOMR-F), or Conditional Letter of Map Revision Based on Fill (CLOMR-F) for existing or proposed, single or multiple lots/structures. In order to process your request, all information on this form must be completed in its entirety, unless stated as optional. Incomplete submissions will result in processing delays. Please check the item below that describes your request: LOMA A letter from DHS-FEMA stating that an existing structure or parcel of land that has not been elevated by fill (natural grade) would not be inundated by the base flood. CLOMA A letter from DHS-FEMA stating that a proposed structure that is not to be elevated by fill (natural grade) would not be inundated by the base flood if built as proposed. LOMR-F A letter from DHS-FEMA stating that an existing structure or parcel of land that has been elevated by fill would not be inundated by the base flood. CLOMR-F A letter from DHS-FEMA stating that a parcel of land or proposed structure that will be elevated by fill would not be inundated by the base flood if fill is placed on the parcel as proposed or the structure is built as proposed. Fill is defined as material from any source (including the subject property) placed that raises the ground to or above the Base Flood Elevation (BFE). The common construction practice of removing unsuitable existing material (topsoil) and backfilling with select structural material is not considered the placement of fill if the practice does not alter the existing (natural grade) elevation, which is at or above the BFE. Fill that is placed before the date of the first National Flood Insurance Program (NFIP) map showing the area in a Special Flood Hazard Area (SFHA) is considered natural grade. Has fill been placed on your property to raise ground that was previously below the BFE? Yes No If yes, when was fill placed? / month/year Will fill be placed on your property to raise ground that is below the BFE? Yes* No If yes, when will fill be placed? / month/year * If yes, Endangered Species Act (ESA) compliance must be documented to FEMA prior to issuance of the CLOMR-F determination (please refer page 4 to the MT-1 instructions). 1. Street Address of the Property (if request is for multiple structures or units, please attach additional sheet referencing each address and enter street names below): 2. Legal description of Property (Lot, Block, Subdivision or abbreviated description from the Deed): 3. Are you requesting that a flood zone determination be completed for (check one): Structures on the property? What are the dates of construction? _______________ (MM/YYYY) A portion of land within the bounds of the property? (A certified metes and bounds description and map of the area to be removed, certified by a licensed land surveyor or registered professional engineer, are required. For the preferred format of metes and bounds descriptions, please refer to the MT-1 Form 1 Instructions.) The entire legally recorded property? 4. Is this request for a (check one): Single structure Single lot Multiple structures (How many structures are involved in your request? List the number: _______) Multiple lots (How many lots are involved in your request? List the number: _______) DHS - FEMA Form 086-0-26, FEB 11 Property Information Form MT-1 Form 1 Page 1 of 2 X X Nakano (North of the intersection of Dennery Rd & Regatta Lane, Chula Vista, CA) (APN 624-071-02) See Attached for Legal Description of Property LEGAL DESCRIPTION PARCEL1: THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 18 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER; THENCE ALONG THE SOUTH LINE THEREOF SOUTH 89°42’04” WEST, 1069.30 FEET TO THE EASTERLY LINE OF FREEWAY DESCRIBED IN FINAL ORDER OF CONDEMNATION RECORDED JULY 22, 1968 AS FILE NO. 123499 OFFICAL RECORDS; THENCE ALONG SAID EASTERLY LINE NORTH 3°47’10” EAST, 918.10 FEET; THENCE NORTH 80°52”26” EAST, 1030.62 FEET TO THE EAST LINE OF SAID SECTION: THENCE ALONG SAID EAST LINE SOUTH 0°28’33” WEST, 1074.02 FEET TO THE POINT OF BEGINNING. PARCEL 2: AN EASEMENT FOR ROAD AND WATER PIPELINE PURPOSES 15 FEET WIDE ALONG THE EXSTING TRAVELED ROAD ACROSS THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER AND THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION LYING NORTHERLY OF THE NORTHERLY LINE OF PARCEL 1 ABOVE. EXCEPTING THAT PORTION LYING WITHIN SAID FREEWAY AND OTAY VALLEY ROAD. Annotated FIRM Panel Grant Deed MT-1 Form 2 Elevation Form APPENDIX 2 Exhibits