8.5 Floodplain Appeal
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE
3/15/2010
TIME
4:00 P.M.
AGENDA SECTION
NO:
ORIGINATING DEPARTMENT:
APPROVED FOR
AGENDA:
8
ITEM
NO.
Page 1
DEPARTMENT OF
PUBLIC WORKS
5
BY:
BY: Daniel R. Stack
ITEM: Resolution No. 10-6716
A Resolution authorizing the Mayor to execute and cause to be filed an appeal letter to the Federal
Emergency Management Agency ("FEMA") on behalf of the citizens of Salina.
BACKGROUND:
FEMA provided the City of Salina ("City") with preliminary copies of a Flood Insurance Study (FIS)
report and revised Digital Flood Insurance Rate Map (DFIRM) with proposed Base Flood Elevations
(BFE) officially on April 28, 2009 at a public meeting. These new maps would replace the City's
current maps that have been in effect since February 5, 1986. FEMA then issued the 90 day public
notice letter in December with the official comment period beginning on December 18, 2009 and
ending on March 18, 2010.
44 CFR Ch. 1 (10-1-09 Edition) 67.6 Basis of Appeal provides requirements for an appeal if an
appellant believes that the proposed BFEs are technically or scientifically incorrect due to error in
application of hydrologic, hydraulic or other methods or use of inferior data in applying such methods.
City staff and its consultant, AMEC Earth and Environmental, Inc. ("AMEC"), have identified major
errors that resulted in inaccurate mapping and overstate the flood risk in certain areas of the City.
These and other identified issues of concern are described in the attached appeal letter and AMEC's
FEMA Study Review Appeal Recommendation Report ("Appeal Report").
Also, citizens of both the City and County have filed protests with the City's Flood Plain Manager.
Protests or comments are less technical than an appeal but must be resolved by FEMA before the
maps can be finalized. Many of these comments are related to existing LOMAs that have not been
addressed adequately by FEMA at this time.
FISCAL NOTE:
The final BFE determinations will have long lasting financial impacts directly to affected properties but
indirectly to all citizens in the City of Salina.
CONFORMANCE WITH THE STRATEGIC PLAN:
GOAL #3: The City will provide the highest quality of services consistent with governing body
direction, available resources and staff commitment to quality.
RECOMMENDED ACTION:
City staff requests the City Commission approve Resolution No. 10-6716 authorizing the Mayor to
submit by March 18, 2010 an appeal to FEMA of the proposed BFE's and additional matters of
concern as well as the protests, which have been filed with the Flood Plain Manager.
Attachments:
1) Resolution No.1 0-6716
2) Appeal Letter Dated March 15, 2010
3) Exhibit A; Appeal Recommendation Report Dated March 10, 2010
4) Exhibit B; Counsel's Letter Dated March 3, 2010
5) Exhibit C; Email from Baker and Associates Dated March 2, 2010
CITY MANAGER'S OFFICE
Jason A. Gage
City Manager
300 West Ash . P.O. Box 736
Salina, Kansas 67402-0736
City of
~
salina
TELEPHONE . (785) 309-5700
FAX . (785) 309-5711
TDD . (785) 309-5747
E-MAIL. iason.QaQe@salina.orQ
WEBSITE . www.salina-ks.Qov
March 15,2010
Kevin C. Long, Acting Chief
Engineering Management Branch
Mitigation Directorate
Federal Emergency Management Agency
500 C Street S.W.
Washington, D.C. 20472
Federal Insurance and Mitigation Division
Region VII
9221 Ward Parkway, Suite 300
Kansas City, MO 64114-3372
RE: City of Salina, Kansas
Community No. 200319
Appeal Pursuant to Part 67-Appeals from Proposed Flood Elevation Determinations
Dear Mr. Long:
On March 15,2010, the governing body for the City of Salina by resolution authorized me as Mayor to appeal
the proposed based flood elevations and to address additional matters of concern on behalf of the City of
Salina. Please consider this written correspondence and the attached "City of Salina New FEMA Study
Review Appeal Recommendation Report" ("AMEC Report") completed by AMEC Earth and Environmental,
Inc. ("AMEC") as a timely appeal submitted by the City of Salina located in Saline County, Kansas pursuant to
Part 67 of the Code of Federal Regulations ("CFR"). The City hereby incorporates the AMEC study as part of
this appeal and attached hereto as Exhibit A. The City of Salina and AMEC have identified maj or errors that
resulted in inaccurate mapping and overstate the flood risk in certain areas of the City.
The City's appeal consists of the following:
I. APPEAL PERIOD. There are numerous concerns regarding the inadequate publication in the
Federal Register as noted by AMEC in their attached analysis. Specifically, 44 CFR 67.4 requires FEMA to
not only publish the proposed BFE termination notice, referred to as a "proposed rule" in the Federal Register,
FEMA is also required to publish a proposed BFE determination in a prominent local newspaper at least twice
following a ten day period immediately following notification of a CEO. Pursuant to The Guidelines and
Spec{flcationsfor Flood Hazard Mapping Partners, pg 1-96" "[t]he designated mapping partner shall ensure
that the News Release and Proposed Rule are correct and that they include BFEs for the affected portions of all
flooding sources within the community where modified or new BFEs are being proposed." The Federal
Register fails to include all affected pOliions of all flooding sources as noted by AMEC.
In addition to the Federal Register inadequacies noted by AMEC in paragraph 1 of the Executive
Summary and in paragraph A of the Report, the City of Salina believes the Salina Journal notice was
inadequate. The notice published in the Salina Journal refers readers to "visit FEMA's web site at
https:l/www.fema.gov/plan/prevent/fum/bfe or call FEMA Map Assistant Center toll free at 1-877-FEMA
MAP ... for a detailed listing of the proposed BFE's and information of the statutory period provided for
appeals."
Appeal Pursuant to Part 67-Appeals from Proposed Flood Elevation Determinations
March 15,2010
Pg 2 of3
City staff personally accessed the web site listed in the notice prior to March 2, 2010 and the site failed
to provide any information regarding proposed BFE's or the statutory appeal period. In fact, under "Select
Community" the City of Salina was not listed as an option. Only the City of Len ex a and Republic County were
listed under that option. Under a separate section entitled "Status of Map Change Request" there was no
indication that the appeal period even began. This information was previously communicated to you in a
correspondence from counsel for the City of Salina on March 3, 2010. As noted in counsel's letter attached
hereto as Exhibit B, according to specialists of the FEMA MAP Center, they did not have a detailed listing of
the proposed BFE' s for Salina nor did they have information on the statutory appeal period. Instead, callers
were referred to City of Salina Flood Plain Manager for any questions. After March 2, 2010, Baker and
Associates corrected the website error. Attached is a copy of the email from Baker and Associate's labeled as
Exhibit C.
In short, neither the FEMA web site nor the FEMA MAP Assistant Center provided the proposed BFE
and statutory appeal period information indicated in the notice. Because the notices themselves did not
provide this information, the City of Salina believes that the Federal Register notice and the Salina Journal
notice fail to comply with 44 CFR 67.4 which requires "notification of the proposed flood elevation
determination." For these reasons the City believes the statutory appeal period did not begin as required by law
and that FEMA must reinitiate the 90 day statutory appeal period by properly publishing the proposed rule in
the Federal Register and republishing notice in the Salina Journal with the proposed flood elevation
determination as required by the Code of Federal Regulations.
II. BASIS OF APPEAL. Pursuant to 44 CFR 67.7, whether an appeal by a community in its own
name shall be made, must be filed with the administrator no later than 90 days after the date of the second
newspaper publication. The sole basis of appeal is the possession of knowledge or information indicating that
the proposed elevations are scientifically or technically incorrect.
The second publication occurred in the Salina Journal on December 18, 2009. This appeal is therefore
timely made. Despite the deficiencies stated above, the City of Salina hereby appeals the proposed flood
elevations in accordance with Part 67 of the CFR. The City of Salina believes that the proposed base flood
elevations are scientifically and technically incorrect due to error in application of hydrologic, hydraulic or
other methods or use of inferior data in applying such methods. The City of Salina previously received
preliminary maps from FEMA for internal staff review. Staff determined that the maps contained maj or errors
that staffbelieved overstated the flood risk in certain areas of the City. Consequently, the City retained AMEC
due to their understanding of the complexity of Salina's storm water system and their experience as mapping
contractor for KDA who is a CTP with FEMA. AMEC's report provides scientific and technical data
demonstrating that the proposed base flood elevations are scientifically and technically incorrect.
In support of its appeal, the City of Salina relies on the scientific and technical data provided in Exhibit
A in accordance with 44 CFR 67.6. For further discussion regarding the basis of appeal, please refer to
paragraph 2 of the executive summary entitled "Appeal", and paragraph B entitled "Appeal" including
subparagraphs 1-6. The City of Salina hereby adopts AMEC's recommendations as detailed in AMEC's
Report in the Executive Summary. In short, a more in depth study of the interior drainage areas is needed to
accurately represent the flood risk, which we believe should be paid for by FEMA. In addition, based on the
data provided, the City of Salina believes that in order to accurately represent the flood risk to the citizens of
Salina, more accurate modeling is required. AMEC has determined that there are incorrectly placed BFE's
within the extent of the XP-SWMM modeled area based upon both technically incorrect or inadequate data, as
well as based upon the XP-SWMM model itself. Please refer to the executive summary and to paragraph C
entitled "Mapping" for further discussion.
Appeal Pursuant to Part 67-Appeals from Proposed Flood Elevation Determinations
March 15,2010
Pg 3 of3
III. PROTESTS/COMMENTS. In addition to the appeal made by the City of Salina on behalf of
the community, numerous property owners submitted protests or comments along with supporting
documentation that have been consolidated and enclosed herewith. Each of the protests/comments were
reviewed by Dean Andrew, Flood Plain Manager, a designated representative for the City of Salina. The
comments/protests are accompanied with the appropriate supporting data and/or documentation and the City of
Salina supports the protests/comments enclosed and requests that FEMA correct the deficiencies accordingly.
F or further review and discussion of the protests and comments, please refer to Dean Andrew's letter attached
hereto as Exhibit D.
For these reasons, City of Salina respectfully requests that its appeal be granted and that FEMA correct the
deficiencies noted in the protests/comments.
We eagerly await your response.
Sincerely,
M. Luci Larson
Mayor, City of Salina, Kansas
Attachments
cc: Michael Baker Jr., Inc. (all attachments)
Attention: Robert Miller
4301 Dutch Ridge Road
Beaver, P A 15009
Email: Jason Gage, City Manager (w/out attachments)
Dean Andrew, Floodplain Administrator (w/out attachments)
Dan Stack, City Engineer (w/out attachments)
City of Salina New FEMA Study Review
Appeal Recommendation Report
Date: March 10,2010
Executive Summary
AMEC Earth and Environmental, Inc. (AMEC) was retained by the City of Salina to
review the DFIRM mapping as part of the City's appeal process. The City provided
AMEC with a list of areas of specific concern where the flood plain size had increased
and historically there had been no flooding at these locations. AMEC reviewed the
preliminary floodplain mapping as well as the hydrology and hydraulics submissions for
the project which were provided by Michael Baker.
Based upon the review of this information, AMEC made the following findings regarding
the preliminary mapping and post preliminary process to date:
1. Appeal Period - Appendix A contains the publication of Appeals in the
Federal Register. Based on this document it appears that an appeal period was
only provided for East Dry Creek Tributary and the Old Smoky Hill River
Channel. Based upon review of the Preliminary BFEs compared with the
effective BFEs, there is data to support that the following streams were
omitted from the appeal process and have not received a proper appeal period:
.:. Tributary to East Dry Creek Tributary
.:. The Slough
.:. Magnolia Road Ditch
.:. Critical Drainage Area Number 2 (unnamed on effective FIRM)
.:. Numerous shallow flooding AE and AH zones on the preliminary
maps interior to the City of Salina Levee System
2. Appeal- 44 CFR Ch. 1 (10-1-09 Edition) 67.6 Basis of Appeal provides
requirements for an appeal if an appellant believes that the proposed base
flood elevations are technically incorrect due to error in application of
hydrologic, hydraulic or other methods or use of inferior data in applying such
methods. Requirements for appeal are also provided if the appellant believes
the proposed base flood elevations are scientifically incorrect. Based upon the
review of the hydrology and hydraulics report contained within the TSDN and
additional analyses, there is sufficient information to support an appeal on
both these grounds. Following is a summary of inadequate or incorrect data
for the XP-SWMM modeling completed within the City of Salina.
.:. Incorrect and/or inadequate information was used to represent the storm
sewer system and levee interior drainage structures.
.:. Hydrology methodology does not account for numerous storage areas
within the system which is clearly a volume dependent system.
City of Salina
Page 1 of 29
.:. Hydraulics methodology has too little detail to adequately represent the
system, cross sections are geometrically inaccurate and do not include all
effective flow areas, the Smoky Hill River Pumping Plant was omitted
from the model, and tail water conditions were ignored in the analysis
which is non compliant with 44 CFR 65.10.
This report contains specific information to support these findings. Due to 90
day time limitations of the appeal process and cost to complete such a
complex model without prior verification that it would be acknowledged by
FEMA, a new model of the entire system was not be generated for this appeal.
However, a sample stream was analyzed and new BFEs were computed for
comparison with the preliminary BFEs. This stream is representative of much
of the system which contains the same concerns throughout.
3. Mapping - While not part of the appeal, our review has determined that there
are incorrectly placed BFEs within the extents of the XP-SWMM modeled
area based upon the actual XP-SWMM model. In addition, Zone AH areas
while by definition are areas of flooding between 1 and 3 feet, contain all
flooding areas less than 1 foot of depth within the shaded zone X area.
Recommendations
The City of Salina is an extremely complex hydrologic and hydraulic system which is
influenced by the operation of the levees surrounding the City of Salina as well as the
elevations of the riverine water surface elevations that the levees provide protection
against. It is a volume sensitive system that in order to be accurately modeled must
account for pumping capacity and joint probability of tail water conditions of levee
interior drainage structures as required by 44 CFR 65.10. The XP-SWMM model
completed for this system doesn't include sufficient detail in terms of storage
capacity, cross section geometry, number of cross sections, impacts of pumping, and
j oint probability of riverine water surface elevations during the 1 % chance event
within the City of Salina to adequately or accurately predict the 1 % change base flood
elevations.
In order to accurately model this system we recommend completing a hydrologic and
hydraulic model in PC SWMM, which is a more GIS friendly model, allowing for
more accurate cross section placement and geometry. SCS hydrology is
recommended which can be utilized in PC-SWMM in order to accurately represent
time of concentrations and lag times. Storage areas can be better developed in this
environment which is critical for a volume dependent system. Because tail water
conditions based upon joint probability are critical to this analysis, we recommend
that joint probability procedures be used which are a requirement of 44 CFR 65.10.
Finally, for areas of higher velocity where water is flowing rather than static ponding,
specific areas may be better modeled by pulling the hydrology from the PC SWMM
model and developing a HEC-RAS model to compute base flood elevations. Final
decisions on these should be made once an accurate PC SWMM model is developed.
City of Salina
Page 2 of 29
If the above recommendation is not accepted by FEMA and a plan to implement the
new modeling and mapping cannot be agreed upon between FEMA and the City of
Salina, it is suggested that an appeals period be granted for those streams not
receiving their statutory appeal period, and that the City utilize this time for
development of newer mapping for the portions of the system where the modeling
and mapping appear to have the greatest error. However, it should be noted that if
this occurs, the mapping that would go effective under this revision would again be
required to be modified in the future mapping updates. This is due to the fact that the
interior drainage study required for the levee certification project would require that
joint probability of the interior and exterior flooding be considered which would very
likely increase the ponding areas at many locations on the dry side of the levee
system. Since this was not done in this study, it does not meet the requirements of 44
CFR 65.10 and therefore cannot be utilized for levee certification.
Finally, ifFEMA determines that this appeal is not valid and the errors and
inaccuracies in the existing modeling cannot be addressed, then it is recommended
that the provided mapping changes for two of the AH areas be utilized and
incorporated into the effective mapping. These changes would address the error of
mapping the AH areas with less than one foot of depth, and utilizing these new BFEs
would address erroneous BFE placement based on the preliminary hydraulic model.
A. Appeal Period
Appendix A contains the BFE publication to the Federal Register for Saline County
and the City of Salina. It contains a notice for two streams, East Dry Creek Tributary
and Old Smoky Hill River Channel.
Figure 1 shows streams or drainage paths that new analyses and new mapping was
completed for within the City of Salina and Saline County. Figure 2 shows the
location of all BFEs placed as a result of this new modeling. Figure 3 is an index
map showing example locations of areas where BFEs have changes greater than one
foot in elevation when compared to the effective maps. This index map is not
intended to provide all BFE change locations greater than one foot in elevation, but
rather just provide a random sample of these areas throughout the City of Salina.
Figure 4 is a FIRMETTE of the effective mapping for East Dry Creek Tributary and
Tributary to East Dry Creek Tributary. Note that on the effective maps, both streams
are currently Zone A and have no BFEs. Therefore unless a LOMR exists for
Tributary to East Dry Creek Tributary and there were no BFE changes greater than
one foot from the LOMR to the new detailed study, Tributary to East Dry Creek
Tributary should have received an appeal period. The appeals period for East Dry
Creek Tributary was provided and appears to be valid.
Figures 5 through 7 show locations ofBFE changes greater than one foot along the
Old Smoky Hill River Channel, validating the need for an appeals period for this
stream, which was provided.
City of Salina
Page 3 of 29
Figure 1 - Legend
New Study Areas
Stream Name
- Critical DA 2 (Previously Unnamed)
- East Dry Creek Tributary
- Magnolia Road Ditch
Old Smoky Hill River Channel
- The Slough
- Tributary to East Dry Creek Tributary
Unnamed
Figure 2 - Legend
New BFEs
- New Study Areas
Figure 3 - Legend
o Sample BFE Change Locations
New BFEs
New Study Areas
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City of Salina
Page 8 of 29
Figure 7, BFE Change 5 on Figure 3 - Old Smoky Hill River Channel
(1219 to 1213
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City of Salina
Page 9 of 29
. 3 - The Slough
on FIgure
City of Salina
Page 10 of29
I' r::
City of Salina
Page 11 of 29
City of Salina
Page 12 of29
Figure 8 through 10 show BFE changes greater than one foot for the Slough, indicating
the need for an appeals period. Figure 11 and 12 show BFE changes greater than one
foot in elevation for Magnolia Road Ditch and Critical Drainage Area No.2, indicating
the need for an appeals period. Finally, Figures 13 though 15 should locations of
unnamed ponding areas with BFE changes greater than one foot in elevation, indicating
the need for an appeals period. None of these areas appear to have been listed in the
Federal Register as shown in Appendix A.
Finally, it should be noted that the names of these streams referenced come from the
effective mapping or from the City of Salina. The S _Water_Line file in the preliminary
DFIRM database does not contain lines for any of these streams listed with the exception
of the East Dry Creek Tributary and the Tributary to East Dry Creek Tributary. These
two streams are the two streams exterior to the Salina Levee System and are not a part of
the XP-SWMM modeling that was done on the interior of the levee system.
City of Salina
Page 13 of29
B. Appeal
44 CFR Ch. 1 (10-1-09 Edition) 67.6 Basis of Appeal provides requirements for an
appeal if an appellant believes that the proposed base flood elevations are technically
incorrect due to error in application of hydrologic, hydraulic or other methods or use of
inferior data in applying such methods. Requirements for appeal are also provided if the
appellant believes the proposed base flood elevations are scientifically incorrect. Based
upon the review of the hydrology and hydraulics report contained within the TSDN and
additional analyses, there is sufficient information to support an appeal on both these
grounds.
Due to 90 day time limitations of the appeal process and cost to complete such a complex
model without prior verification that it would be acknowledged by FEMA, a new model
of the entire system was not be generated for this appeal. However, a sample stream was
analyzed and new BFEs were computed for comparison with the preliminary BFEs. This
stream is representative of much of the system modeled with XP-SWMM which contains
the same concerns throughout.
1. Preliminary XP-SWMM Model Review
Following a thorough review the XP-SWMM modeling, AMEC made the following
findings:
a. Overview of Modeled Areas and Modelin2: TechniQues
XP-SWMM was used to model the drainage areas that have new detailed
study interior to the levee system, within the City of Salina. The
following streams were studied in the model:
I. The Slough
II. Smoky Hill River Cutoff
III. Magnolia Road Ditch
IV. Critical Drainage Area No.2
V. Numerous unnamed ponding and shallow flooding areas
In general, the modeling was split into two models. A larger XP-SWMM
model was developed and submitted for the Slough, Smoky Hill River
Cutoff, Magnolia Road Ditch, and other shallow flooding areas. A second
model was provided for a couple of small oxbows based upon the shape
files.
Two XP-SWMM models were provided for the larger area, with different
dates. It appears that the second one is an updated version of the first,
likely resulting from a FEMA review and comments. The conclusions
drawn in this section are based upon the geometry contained within the
model, the paper output files from the model associated with the TSDN,
and the GIS shape files and live models provided to AMEC.
City of Salina
Page 14 of29
1. Survey - Survey data was completed for structures, channel
inverts and cross section geometry along the Slough. The
City of Salina provided drawings which were used for
invert elevation information for the Magnolia Road Ditch.
The Old Smoky Hill River Channel invert elevations were
obtained by measuring the top of the road down to the
channel invert, and then measuring down from the ground
surface TIN. For the remainder of the channels, elevations
were extracted from the TIN's. The City of Salina
provided storm sewer pipes in GIS format. Pipe
dimensions were derived from available survey, field
measurement, or construction or as-built drawings. Where
no information was available or survey was not
completed, culverts were assumed to be 24-inch RCP.
For these pipes, inverts were assumed to be three feet
below the ground surface.
2. Hydrology - Drainage basins utilized in the FEMA study
were reviewed for accuracy. In general, the basin
boundaries appear to be reasonable and appropriate.
FEMA utilized a Type II rainfall distribution, 24-hour
rainfall event with a rainfall depth of 7.2 inches to complete
the analysis. Infiltration was computed using the Green-
Ampt method. SWMM Runoff method was utilized for
computing runoff.
Only significant detention areas were considered in this
model. Numerous small detention ponds were noted,
but it was determined for this study "that the majority
of those areas were designed to attenuate more frequent
events and tend to attenuate more frequent events and
have little impact on the larger events".
3. Hydraulics - XP-SWMM utilizes links and nodes to
complete hydraulic modeling. Cross sections on zone AH
are not a required FEMA deliverable and a request to
FEMA for these cross sections failed to generate these
cross sections, therefore it is impossible to know exactly
where along each link the cross section was cut.
4. Topography - The DTM model from the City of Salina was
used to complete the study.
b. East of Ohio, North of Cloud, and South of Crawford (Critical
Draina2e Areas No.2)
A specific review of the FEMA preliminary modeling and mapping
methods used at this location was completed. In addition to the general
City of Salina
Page 15 of29
City of Salina
modeling techniques discussed above, the following specific observations
were made at this location.
Runoff from Basin 8004 flows into a City storm sewer which flows to the
north to the Smoky Hill River cutoff channel. Overflow from this area
flows to the east down multiple side streets primarily running east and
west, according to the mapping, eventually making its way to the interior
drainage structure at Station 44+ 18. Two junctions and one link were
used in the XP-SWMM model to represent the surface flows from basin
8084 and 8045. This distance between these two nodes is more than a half
mile in length, and is represented by a single cross section in the XP-
SWMM Model. Figure 16. shows the cross section geometry used in the
model.
Figure 16.
Cross section geometry used from Junction 8138 to Junction 8126
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The cross section used in the model is less than 400 feet in width. The
floodplain plotted is well over 1500 feet of width for much of this reach
being represented by this cross section. It is possible the modeler felt that
flows outside of this area were ineffective and therefore extending the
cross section would have made no difference. However, given the fact
that the plotted floodplain crosses four City Streets, and an additional four
alley ways between houses, it is difficult to believe that additional areas
would not have additional effective flow area.
The flow path of the floodplain in this area from node to node is over a
half mile long. In this area, the flow path turns two 90 degree angles
down City Streets. Additional cross sections along this area representing
the changes in slopes and geometry could potentially yield a significantly
different floodplain. The level of cross section detail is comparable to
Zone A modeling techniques at best, and is not typical of detailed study.
Another observation is at the 1228 and 1227 BFE. Along the entire
floodplain at both of these BFEs as well as in between, City contours
which were the base data for this mapping show the ground surface
Page 16 of29
City of Salina
elevation to be above 1226 throughout much of this floodplain. Typically
in Zone AH designations, FEMA maps shallow flooding depths of 1 to 3
feet. In this particular area, most of the flooding appears to be less than
one foot of depth and in many cases it appears the ground surface
elevation is at or above the water surface elevation. The digital ground
surface created and used for this project was not made available to AMEC
for review. Figure 17. shows the mapping at a particular location in this
ponding area. The red line represents the 1226 contour line supplied from
the City of Salina, which is what the mapping is supposed to be based on.
The figure shows that most of the flooding over one foot of depth is
limited to City Street and floods very few of the homes. The definition of
Zone AH is 1 to 3 feet of flooding, which does not seem consistent with
the mapping provided.
Figure 17. - Mapping with less than one foot of depth
The flow path and center of the mapped floodplain in this area flows right
down the center of the basin divide. It is noted that it is difficult to model
this area because of the fact that flows captured by storm sewer flow in
one direction and surface flows flow in another direction. However, it is
of concern whether the surface flows were applied accurately to this area
given the fact that the floodplain is on top of the basin boundary.
Finally, the 1227 BFE just east of Austin Street and south of Louise Street
does not appear to be supported by any modeling. In this area, there are
no links or nodes contributing to the overall model, and there is no
connection to any other floodplain other than the one downstream which
Page 17 of 29
City of Salina
has a BFE of 1226. It appears the 1227 BFE and the floodplain may have
been erroneously projected over from the flooding area to the north.
c. South of Albert, North of Ma2nolia, East of Quincv, and West of Ohio
A specific review of the FEMA preliminary modeling and mapping
methods used at this location was also completed. In addition to the
general modeling techniques discussed above, the following specific
observations were made at this location.
In general, low flows from the Central Mall are collected in storm sewer
systems and flow to the west. High flows on the east side of mall
exceeding the storm sewer capacity flow to a detention basin at the
northeast corner of the property. While the storm sewer drains flows to
the south, overflows from this basin generally flow to the north. The
floodplains making up this area of concern can be summarized as four
drainage paths according to the FEMA modeling.
I. Mall detention basin to the north down 4th Street, making its way
to the Slough
II. Mall detention area to the east down Wayne Street
III. Down Belmont Street from the intersection of Magnolia and
Quincy to intersection of Ohio and Wayne
IV. Down Magnolia from Quincy to Ohio
Issues at this location exist similar to those discussed for Critical Drainage
Area No.2. Following are some of the cross sections utilized to model
flows at these for areas.
Figure 18.
Cross section geometry used from Junction 8038 to Junction 8040
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Page 18 of29
City of Salina
Figure 19. Cross section geometry used from Junction 8037 to Junction 8072
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Page 19 of29
In general, Figures 18, 19 and 20 show that the modeled floodplain is
significantly narrower than the mapped floodplain. Figure 21 shows the
cross section matching the existing modeling fairly closely in an area
where the floodplain is particularly narrow, indicating additional
inconsistency in the approach. Again, some of the flows in these wide
floodplains may be ineffective, but there is certainly more effective flow
than what is being represented in the cross sections.
2. Validation of Preliminary Findings
In order to substantiate and quantify the errors and over simplifications in the XP-
SWMM modeling, AMEC selected a singe stream segment in Critical Drainage Area
No.2. Figure 22. shows the location of this stream.
Following is a summary of AMEC's modeling scenarios:
a. XP-SWMM Models
In order to initially nln the original models, AMEC had to modify sourced
interface files, select the appropriate SCS Type II-24hr Global storm, and ensured
that both hydrology and hydraulics were computed simultaneously. For the base
model, no modifications were made to the model with regard to hydrologic and
City of Salina
Page 20 of 29
hydraulic methods or inputs. As shown in Table 1 below, AMEC made
modifications to three copies of the base model for this comparison.
Table 1: XP-SWMM Scenario Models
XP-
SWMM
Scenario Description
Scenario 1 Base Model - No modifications made.
Culvert at Link L127 changed from a 1 foot diameter RCP to a 3.5 foot
Scenario 2 diameter RCP as determined from USACE as-builts and field
assessment.
Culvert at Link L127 changed from a 1 foot diameter RCP to a 3.5 foot
Scenario 3 diameter RCP as determined from USACE as-builts and field
assessment. 10-Year Tailwater condition (1224.9 Feet) applied to outlet
with assumption of no flap gate.
Culvert at Link L127 changed from a 1 foot diameter RCP to a 3.5 foot
diameter RCP as determined from USACE as-builts and field
Scenario 4 assessment.
10-Year Tailwater condition (1224.9 Feet) applied to outlet with
assumption of flap gate in place.
b. HEC- RAS Models
Two HEC-RAS models of this stream reach were created from the same data the
XP-SWMM model was derived from. Cross sections were cut from the Salina
DTM surface. Structure information was taken from the XP-SWMM model and
input into HEC-RAS. The flows were derived from the XP-SWMM model. As
with normal storage situations, the storage area outflow was provided in HEC-
RAS to model just upstream of the storage area structure. Table 2 provides the
flows utilized in the HEC-RAS model.
c. Res ults
Initially the primary concern for this area was the extensive flooding effects
through the residential areas. Further review of the XP-SWMM model resulted in
other concerns, including lack of use of a tail water condition at the levee interior
drainage structure, and incorrect interior drainage structure size data. For this
evaluation AMEC created two HEC-RAS models. The HEC-RAS Scenariol
model is similar to the XP-SWMM model with no tail water conditions, except
that the levee interior drainage structure size has been corrected. In the second
HEC-RAS Scenari02 model AMEC utilized XP-SWMM Scenari04 to update the
HEC-RAS 1 % chance flows and applied the XP-SWMM downstream computed
water surface elevation as the HEC-RAS downstream boundary condition. This
HEC-RAS Scenari02 Model would be the recommended model for creation of
City of Salina
Page 21 of29
BFEs if it weren't for the fact that the overall SWMM model still needs modified,
which would have some impact on the hydrology at this location.
T bl 2 XP SWMM H d I
a e . - LY( ro oey use III - mo ellle
HEC-RAS HEC-RAS
Scenario 1 Scenari02
XP-SWMM 1 % Annual 1 % Annual
Link Chance Flow Chance Flow
Location Utilized (cfs) (cfs)
Intersection of
S Ohio Street L203 349 410
and E Beloit
Ave
Outflow of
Storage Area at L121 174 59
Eastgate Drive
Just Upstream
ofE Republic L126 44 12
Ave
Just Upstream L127 44 .013
of Levee
d. HEC RAS
d r
The XP-SWMM model only contains one link/cross section for the upstream
stream reach which is over a half mile long and does not adequately represent the
Zone AH surface flooding between Courtney Drive and S Ohio Street. Using
HEC-RAS methods AMEC utilized 10 cross sections to the XP-SWMM single
cross section (Link L203). Utilizing additional cross sections best defines the
surface flooding through this area with significant differences in water surface
elevations.
Finally, with overall respect to storage, the area of the preliminary floodplain was
computed along link L203. The area of the portion of floodplain represented by
this single link was computed as 75.02 acres. The entire volume of the
hydrograph at this location was computed to be 17.72 acre-feet. Since by
definition Zone AH is low velocity, typically ponding water, it seems appropriate
to make a straight volumetric comparison at this location. If the average depth of
flooding for this entire area is less than one foot in depth, which by definition is
the minimum depth allowed, then it would take over four times the total volume
of water in the hydrograph to flood this area.
Table 3 is a comparison of water surface elevation changes (BFE changes)
computed from the different modeling scenarios.
City of Salina
Page 22 of 29
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3. Basis of Appeal (Incorrect due to error in application of hydrologic,
hydraulic or other methods.
a. Identify the purported error or inferior data
I. Incorrect diameter of interior drainage structure. Should be 42"
instead of 12"
II. Model lacks appropriate tail water condition for interior drainage
structure.
III. Insufficient cross section placement results in incorrect placement
of BFEs
IV. Insufficient detail in cross section results in incorrect placement of
BFEs
V. Incorrect flows within the model due to incorrectly accounting for
storage
VI. Model lacks sufficient storage area detail for a volume dependent
basin.
b. Support why the error is incorrect (responses reference error listed above)
I. See levee as-built construction drawings and based upon field
assessment.
II. See revised model with 1 O-yr backwater. While it must be noted
that this is not j oint probability of the 1 % chance flood event, it is a
much more reasonable estimate than assuming no downstream tail
water.
III. See Scenario II HEC-RAS model. This model utilizes more
correct hydrology which was corrected in the Scenari04 XP-
SWMM model, combined with sufficient detail of cross-section
spacing and geometry in the Scenario 2 HEC-RAS model.
IV. Insufficient detail in cross section results in incorrect placement of
BFEs
V. See comparison between Scenariol XP-SWMM flows and
Scenari04 XP-SWMM flows.
VI. Volume of hydrograph is less than 4 times the floodplain volume
for Link L203.
c. Application of same basic methods utilized by FEMA but with changes
itemized.
I. See section 2a, 2b and 2c. Itemized changes are included in Table
3.
d. Provide background technical support for the changes
I. See section 2a, 2b and 2c. All models are contained on the CD
included in Appendix B.
e. Provide certification of correctness of alternative of alternative data or
measurements.
I. See Section 6 of this section.
f. Provide documentation ofBFE changes
I. See Figure 23
City of Salina
Page 24 of 29
Figure 23 - Legend
Scenari02 HEC-RAS Cross Sections
Revised Flow Path
- - - Preliminary FEMA BFE
D Scenari02 HEC-RAS Floodplain
FLOODPLAINS
FLOOD ZONE TYPE
DAE
AH
4. Basis of Appeal (Incorrect due to error in application of hydrologic,
hydraulic or other methods.
a. Identify the incorrect methods or assumptions
I. Same as 3A
Insert Figure 23
b. Support why methods or assumptions are scientifically correct
I. Same as 3B
c. Provide an alternative analysis
I. Same as 3C
d. Provide technical support why appellant's methods are more correct.
I. Same as 3C
e. Provide documentation of locations where BFE changes are different than
FEMA's
I. See Figure 23
5. Summary of Appeal
The XP-SWMM model generated to produce the preliminary mapping is Scenariol.
Scenari02 corrects the pipe diameter of the interior drainage structure within the
levee, and is the basis of comparison for the new modeling. The Scenari02 HEC-
RAS model incorporates a 10-yr tail water condition from XP-SWMM Scenari04 to
estimate joint probability, along with greater cross section accuracy and detail. The
results of this Scenari02 HEC-RAS model when compared to the Scenari02 XP
SWMM model produce a rise in the BFE of 0.8. However, at the midpoint of the
stream, the same comparison yields a decrease in the BFE of 0.7 feet. Finally, when
comparing the HEC-RAS Scenario 2model to the current preliminary XP-SWMM
scenario 1 model, there is a reduction in the BFE of 1.8 feet at this location.
At the expense of the City of Salina, this Critical Drainage Area 2 stream has been
modeled with greater detail and assessed for influence of boundary conditions to
show the change in BFEs. For the remainder of Critical Drainage Area 2, The Slough
(specifically the upstream end just east and north east of the mall), portions of the
Magnolia Road Ditch, and several other unnamed tributaries, similar concerns based
on geometric parameter comparisons and XP-SWMM base model reviews exist.
Based on this review and the fact that a single continuous XP-SWMM model was
used to model the City of Salina interior of the levees, it is recommended that this
area be restudied and remapped accordingly.
City of Salina
Page 26 of 29
6. Certification of Correctness
I certify that all infomlation presented in this report is correct and accurate to the best
of my knowledge.
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Joe D. File, P.E.
KS License No. 17467
c. Mapping
It is our belief that in order to accurately represent the flood risk to the citizens of the City
of Salina, more accurate modeling is required. However, should this appeal and request
be denied, we recommend that mapping errors in Zone AH areas be corrected to address
errors in the mapping. The DVD in Appendix B, items 7 and 8, contain a revised
floodplain and revised BFEs for the system. This revised mapping has been generated
based upon the preliminary XP-SWMM model. BFE placement has been adjusted to
more accurately represent the modeling. In addition, flood depths less than one foot have
been removed from the mapping to meet the definition of Zone AH. lfthis data is used,
we recommend that BFEs be replaced with these new BFEs. In addition, we would
recommend that this mapping be used to represent the Zone AH floodplains, and the
remaining preliminary floodplain outside of these extents at these locations be used to
represent the shaded Zone X, less than one foot of flood depth.
City of Salina
Page 27 of 29
Appendix A
Appeal Notification Letters
City of Salina
Page 28 of 29
Federal Emergency Management Agency
Washington, D.C. 20472
CERTlFIED MAIL
RETURN RECEIPT REQUESTED
IN REPLY REFER TO:
101/155
RECEIVED
SEP 2{j 2009
arTY MAN )
. . AQ~ffl'~ OfflOE
The Honorable M. Lucy Larson
Mayor, City of Salina
300 West Ash Street
Salina, Kansas 67402
Community: City of Salina,
Saline County, Kansas
Community No.: 200319
Dear Mayor Larson:
On February 16,2009, the Department of Homeland Security's Federal Emergency Management
Agency (FEMA) provided your community with Preliminary copies of a Flood insurance Study
(PIS) 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 a I-percent chance of being equaled or exceeded in any given year (base flood) for certain
locations in the City of Salina, Saline County, Kansas. 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/p-reventifhm/bfe
will be given in the Salina Journal on or about October 2,2009, and October 9, 2009. The BFEs
for the flooding sources are listed in the table at the end of the BFE Notice for Studies. Also, the
proposed BFE determinations can be obtained by calling the FEMA Map Assistance Center 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 September 8, 2009 at Part 67, Volume 74, Page 46058, 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 detenninations. 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
2
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 FrS 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 Federal Insurance and Mitigation Division,
Region VII, 9221 Ward Parkway, Suite 300, Kansas City, Missouri 64114-3372.
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 havc 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 ofthe 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 February 5, 1986.
If warranted by substantive changes, during the appeal period, FEMA will send to you revised
copies of the FrS 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_
3
The FIRM panels for Saline County, Kansas 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 Shanna Michael ofthe Regional Management Center at 816-502-9420, ext. 4970,
the designated mapping partner for preparing digital mapping files. 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 NFTP 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 Assistance Center, toll free, at
1-877-FEMA MAP (1-877-336-2627).
Sincerely,
~ c!3 cd--d
Kevin C. Long, Acting Chief
Engineering Management Branch
Mitigation Directorate
Enclosures;
1) Newspaper Notice
2) BFE Determination Notice to be published on FEMA's Web site
3) National Flood Insurance Program Regulations
cc: Community Map Repository
Dean Andrew, Community Floodplain Administrator, City of Salina
DEP ARTMENT OF HOMELAND SECURITY
FEDERAL EMERGENCY MANAGEMENT AGENCY
Proposed Base Flood Elevation Determination for the City of Salina and the
unincorporated areas of Saline County, Kansas. The Department of Homeland
Security's Federal Emergency Managemcnt Agcncy solicits technical information or
comments on the proposed Base (l-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 (NFJP). For a detailed listing of the proposed
BFEs and information on the statutory period provided for appeals, please visit FEMA' s
website at https://www.fema.gov/plan/prevent/furn/bfe, or call the FEMA Map
Assistance Center toll free at 1-877-FEMA MAP.
46058
Federal Register/Vol. 74, No. 172/Tuesday, September 8, 2009/Proposed Rules
. Elevation in feet
(NGVD)
+ Elevation in feet
(NAVD)
Flooding source(s) Location of referenced elevation'. # Depth in feet above Communities affected
ground
^ Elevation in meters
(MSL)
Effective I Modified
ADDRESSES
Unincorporated Areas of Mason County
Maps are available for inspection at the Mason County Courthouse, Zoning Office, 125 North Plum Street, Havana, IL 62644.
Saline County, Kansas, and Incorporated Areas
East Dry Creek Tributary .._ Approximately 0.7 mile downstream of Missouri Pacific None +1203 City of Salina, Unincor-
Railroad. porated Areas of Saline
County.
Approximately 0.9 mile upstream of Holmes Road m.... None +1264
Old Smokey Hill River Approximately 1.5 miles downstream of Indiana Ave- None +1207 Unincorporated Areas of
Channel. nue, at the levee. Saline County, City of
Salina.
Approximately 0.5 mile upstream of Ohio Street ........... None +1225.
. National Geodetic Vertical Datum.
+ North American Vertical Datum.
# Depth in feet above ground.
^ Mean Sea Level, rounded to Ihe nearest 0.1 meter.
'. BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref-
erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for
exact locations of all BFEs to be changed.
Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management
Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
City of Salina
Maps are available for inspection at 300 West Ash Street, Salina, KS 67402.
Unincorporated Areas of SaUne County
Maps are available for inspection at 300 West Ash Street. Salina, KS 67402.
Montgomery County, Kentucky, and Incorporated Areas
Hinkston Creek ................... Approximately 500 feet upstream of Hinkston Pike (KY None +911 Unincorporated Areas of
1991). Montgomery County, City
of Mt. Sterling.
Approximately 100 feet downstream of Calk Lane ........ None +962
. National Geodetic Vertical Datum.
+ North American Vertical Datum.
# Depth in feet above ground.
^ Mean Sea Level, rounded to the nearest 0,1 meter.
.. BFEs to be changed include the listed downstream and upstream BFEs. and include BFEs located on the stream reach between the ref-
erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for
exact locations of all BFEs to be changed.
Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management
Agency, 500 C Street, SW.. Washington, DC 20472.
ADDRESSES
City of Mt. Sterling
Maps are available for inspection at 33 North Maysville Street, Mount Sterling, KY 40353.
Unincorporated Areas of Montgomery County
Maps are available for inspection at 1 Court Street, Mount Sterling, KY 40353.
Essex County, Massachusetts (All Jurisdictions)
Atlantic Ocean .................... Along the shoreline, approximately 350 feet east of the
end of 55th Street.
Along the shoreline, approximately 575 feet north of
the intersection of Northern Boulevard and 82nd
Street.
+13
+18 City of Newburyport.
+10
+2;~
Federal Emergency Management Agency, DHS
PART 67-APPEALS FROM PRO-
POSED flOOD ELEVATION DETER-
MINATIONS
Sec.
67.1 Purpose of part.
67.2 Definitions.
67.3 Establishment and maintenance of a
flood elevation determination docket
[FEDD).
67.4 Proposed 1100d elevation determina-
tion.
67.5 Right of appeal.
67.6 Basis of appea l.
67.7 Collection of appeal data.
67.8 Appeal procedure.
67.9 Final determination in the absence of
an appeal by the community.
67.10 Rates during pendency of final deter-
mination.
67.1] Notice of final determination.
67.12 Appeal to District Courl.
AUTIIORITY: 42 U.S.C. 4001 "I ""'I'; Reorga-
nization Plan No. 3 of 1978. 3 CFR, 1978
Camp.. p. 329: E.G. 12127.44 FR 19357.3 CPR,
1979 Camp.. p. 376.
SOURCE; 41 FR 46989. Oct. 26. 1976. unless
otherwise noted. Redesigrl(ited at 44 FR 31177.
May 31. 1979.
* 67.1 Purpose of part.
The purpose of this part is to estab-
lish procedures implementing the pro-
visions of section llO of Flood Disaster
Protection Act of 1973.
* 67.2 Definitions.
The definitions set forth in part 59 of
this subchapter are applicable to this
part.
* 67.3 Establishment and maintenance
of a flood elevation determination
docket (FEDD).
The Administrator shall establish a
docket of all matters pertaining to
flood elevation determinations. The
docket files shall contain the following
information:
(a) The name of the community sub-
ject to the flood elevation determina-
tion:
(b) A copy of the notice of the pro-
posed flood elevation detel'mination to
the Chief Executive Officer (CEO) of
the Community:
(c) A copy of the notice of the pro-
posed flood elevation determination
published in a prominent local news~
paper of the community;
~67.5
(d) A copy of the notice of the pro-
posed flood elevation determination
published in the FEDERAL REGISTER;
(e) Copies of all appeals by private
pel-sans received by the Administrator
from the CEO;
(f) Copies of all comments received
by the Administrator on the notice of
the proposed flood elevation detel'-
mination published in the FEDERAL
REGISTER.
(g) A copy of the community's appeal
or a copy of its decision not to appeal
the proposed flood elevation deter-
mination;
(h) A copy of the flood insurance
study for the community;
(1) A copy of the FIRM for the com-
munity;
0) Copies of all materials maintained
in the flood elevation study consulta-
tion docket: and
(k) A copy of the final determination
with supporting documents.
[41 FR 46989. Oct. 26, 1976. Redesignated at 44
PR 31177. May 31, 1979. as amended at 48 FR
44553, Sept. 29, 1983; 49 PR 4751, Feb. 8, 19841
* 67.4 Proposed flood elevation deter-
mination.
The Administrator shall propose
flood elevation determinations in the
following manner:
(a) Publication of the proposed flood
elevation determination for comment
in the FEDERAL REGISTER;
(b) Notification by certified mail. re-
turn receipt l'equested, of the proposed
flood elevation detel'mination to the
CEO: and
(c) Publication of the proposed flood
elevation determination in a promi-
nent local newspaper at least twice
during the ten day period immediately
following the notification of the CEO.
[41 FR 46989, Oct. 26, 1976. Redesignated at 44
FR 31177, May 31. 1979. as amended at 48 FR
44553. Sept. 29. 19B3; 49 FR 4751. Feb. B. 19B4]
EDITORIAL NOTE; For references to FR
pages showing lists of nood elevation deter-
minations, see the List of CFR Sections Af-
fected. which appears in the Finding Aids
section of the printed volume and on GPO
Access.
U7.5 Right of appeal.
(a) Any owner or lessee of real prop-
erty, within a community where a pro-
posed flood elevation determination
359
967.6
has been made pursuant to section ]363
of the National Flood Insurance Act of
1968, as amended, who believes his
property rights to be adversely affected
by the Administrator's proposed deter-
mination, may file a written appeal of
such determination with the CEO, or
such agency as he shall publicly des-
ignate, within ninety days of the sec-
ond newspaper publication of the Ad-
ministrator's proposed determination.
(b) [Reserved]
141 FR 46989, Oct. 26, 1976. Redesignated at 44
FR 3ll77. M"y 31. 1979, as amended at 48 FR
44553. S!"pt:. 29, 1983; 49 FR 1751, Feb. 8, 19841
* 67.6 Basis of appeal.
(a) The sole basis of appeal under this
part shall be the possession of knowl-
edge or information indicating that the
elevations proposed by FEMA are sci-
entifically or technically incorrect. Be-
cause scientific and technical correct-
ness is often a matter' of degree rather
than absolute (except where mathe-
matical or measurement error or
changed phYSical conditions can bc
demonstrated), appellants are required
to demonstrate that alternative meth-
ods or applications result in more cor-
rect estimates of base flood elevations,
thus demonstrating that FEMA's esti-
mates are incorrect.
(b) Data requirements, (1) If an appel-
lant believes the proposed base flood
elevations are technically incorrect
due to a mathematical or measurement
error or changed physical conditions,
then the specific source of the error
must be identified. Supporting data
must be furnished to FEMA including
certifications by a registered profes-
sional engineer or licensed land sur-
veyor-, of the new data necessary for
FEMA to conduct a reanalysis.
(2) If an appellant believes that the
proposed base flood elevations are
technically incorrect due to error in
applicatiDn of hydrologic, hydraulic or
other methods Dr use of inferior data in
applying such methods, the appeal
must demonstrate technical incorrect-
ness by:
(i) Identifying the purported error in
the application or the inferior data.
(ii) Supponing why the application is
incorrect or data is inferior.
44 CFR Ch. I (10-1-06 Edition)
(iii) Providing an applicatiDn of the
same basic methods utilized by FEMA
but with the changes itemized,
(iv) Providing background technical
support for the changes indicating why
the appellant.s application shDuld be
accepted as more correct.
(v) Providing certification of correct-
ness Df any alternate data utilized or
measurements made (such as topo-
graphic infor-mation) by a registered
professional engineer or licensed land
surveyor, and
(vi) Providing documentation of all
locations where the appellant's base
flood elevations are different from
FEMA's.
(3) If any appellant believes the pro-
posed base flood elevations are scientif-
ically incorrect, the appeal must dem-
onstr-ate scientific incorrectness by:
(i) Identifying the methods. or as-
sumptions purported to be scientif-
ically incorrect,
(Ii) Supporting why the methods, or
assumptions are scientifically incor-
rec t.
(iii) Providing an alternative anal-
ysis utilizing methods, or assumptions
purported to be correct.
(iv) Providing technical support indi-
cating why the appellant's methods
should be accepted as mol'C correct and
(v) Providing documentation of all
locations where the appellant's base
flood elevations ar'e different from
FEMA's.
[48 FR 31644, Ju]y 1, 19831
!i 67.7 Collection of appeal data.
(a) Appeals by private persons to the
CEO shall be submitted within ninety
(90) days following the second news-
paper publication of the Administra-
tor's proposed flood elevation deter-
mination to the CEO or to such agency
as he may publicly designate and shall
set forth scientific or technical data
that tend to negate or contradict the
Administrator's findings.
(b) Copies of ai I individual appeals re-
ceived by the CEO shall be forwarded.
as soon as they al'e received, to the Ad-
ministrator for information and place-
ment in the Flood Elevation Deter-
mination Docket.
(c) The CEO shall review and consoli-
date all appeals by private persons and
issue a written opiniDn stating whether
360
Federal Emergency Management Agency, DHS
367.11
the evidence presented is sufficient to
justify an appeal on behalf of such per-
sons by the community in its own
name.
(d) The decision issued by the CEO on
the basis of his review, on whether an
appeal by the community in its own
name shall be made. shall be filed with
the Administrator not later than nine-
ty days after the date of the second
newspaper publication of the Adminis-
trator's pmposed flood elevation deter-
mination and shall be placed in the
FEDD.
[41 FR 4G989, Oct. 26, 197G. Redesignated at 44
FR 31177. May 31, 1979, as amended at 48 FR
44553. Sept. 29. 1983; 49 FR 475[, Feb. 8. 1984]
~ 67.8 Appeal procedure.
(a) If a community appeals the pro-
posed flood elevation determination,
the AdrninisLL"atoI' shall review and
take fully into account any technical
or scientific data submitted by the
community that tend to negate or con-
tradict the information upon which his/
her proposed determination is based.
(b) The Administrator shall resolve
such appeal by consultation with offi-
cials of the local government, or by ad-
ministrative hearings under the proce-
dures set forth in part 68 of this sub-
chapter, or by submission of the con-
flicting data to an independent sci~
entific body or appropriate Federal
agency for advice.
(c) The final determination by the
Administrator where an appeal is filed
shall be made within a reasonable
time.
(d) Nothing in this section shall be
considered to compromise an appel-
lant's rights granted under 967.12.
(e) The Administrator shall make
available for public inspection the re-
ports and other information used in
making the final determination. This
material shall be admissible in a court
of law in the event the community
seeks judicial review in accordance
with 967.12.
[41 FR 46989, Oct. 26, 197G. Redesignated at 44
FR 31177, May 31, 1979, as amended at 48 FR
44553. Sept. 29, 1983; 49 FR 4751, Feb. 8, 19841
*67.9 Final determination in the ab-
sence of an appeal by the commu-
nity.
(a) If the Administmtor does not re-
ceive an appeal from the community
within the ninety days provided, he
shall consolidate and review on their
own merits the individual appeals
which, in accordance with !i67.7 are
filed within the community and for-
warded by the CEO.
(b) The final determination shall be
made pursuant to the procedures in
!i67.8 and, modifications shall be made
of his proposed determination as may
be appl'Opriate, taking into account the
written opinion, if any, Issued by the
community in not supporting such ap-
peals.
[41 FR 46989, Oct. 26. 1976. Redesignated at 44
FR 31177, May 31, 1970, as amended at 48 FR
44553, Sept. 29, 1983; 49 FR 475[, Feb. 8, 19841
*67.10 Rates during pendency of final
detennination.
(a) Until such time as a Cinal deter-
mination is made and proper notice is
given, no person within a participating
community shall be denied the right to
purchase nood insurance at the sub-
sidized rate.
(b) After the final determination and
upon the effective date of a FIRM, risk
premium rates will be charged for new
construction and substantial improve-
ments. The effective date of a FIRM
shall begin not later than six months
after the final Doad elevation deter-
mination.
S 67.11 Notice of final detennination.
The Administratoz"s notice of the
final flood elevation determination for
a community shall be in written form
and published in the FEDEI{AL REG-
ISTER, and copies shall be sent to the
CEO. all individual appellants and the
State Coordinating Agency.
[41 FR 46989, Oct. 26, 1976. Redesignated at 44
FR 31177, May 31, 1979, as amended at 48 FR
44553, Sept. 29, 1983; 49 FR 4751. Feb. 8, 19841
EDlTORIAL NOTE: For the list of commu-
nities issued und~r this section, and not car-
('led in the CFR, See the List ofCFR Sections
Affected, which appears in the Finding Aids
section of the printed volume and on GPO
Access.
361
S67.12
* 67.12 Appeal to District Court.
(a) An appellant aggl'ieved by the
final determination of the Adminis-
trator may appeal such determination
only to the United States District
Court for the District within which the
community is located within sixty
days after receipt of notice of deter-
mination.
(b) During the pendency of any such
lltigation, all final deter'minations of
the Administrator shall be effective for
the purposes of this title unless stayed
by the court for good cause shown.
(c) The scope of review of the appel-
late court shall be In accordance with
the provisions of 5 U.S.c. 706, as modi-
fied by 42 V.S.C. 4104(b).
[41 FR 46989. Oct. 26, 1976. Redesignated at 44
FR 31177. May 31, 1979, as amended at 48 FR
44544 and 44553, Sept. 29, 1983; 49 FR 4751, Feb,
8, 1984; 49 FR 33879. Aug. 27. ]984)
PART 68-ADMINISTRATIVE
HEARING PROCEDURES
Sec.
68.1 Purpose of part.
68.2 Definitions.
68.3 Right to administrative hearings.
68.4 Hearing board.
68.5 Establishment of a docket.
68.6 Time and pbce of hearing.
68.7 Conduct of hearings.
68.8 Scope of review.
68.9 Admissible evidence.
68.]0 Burden of proof,
68.11 Determination.
68.12 Relief.
AUTHORITY; 42 U.S.C. 4001 cl scq.: Reorga-
nization Plan No.3 of ]978; E.G. 12]27.
SOUI~CE: 47 FR 23449, May 29, [982, unless
otherwise noted.
* 68.1 Purpose of part.
The purpose of this part is to estab-
lish procedures for appeals of the Ad-
ministrator's base nood elevation de-
terminations, whether proposed pursu-
ant to section 1363(e) of the Act (42
V.S.C. 4104) or modified because of
changed conditions or newly acquir'ed
scientific and technical information.
[47 FR 23449, May 29, 1982, as amended at 49
FR 33879, Aug. 27, 1984]
44 CFR Ch. I (1 0-1-06 Edition)
* 68.2 Definitions.
The definitions set forth in part 59 of
this subchapter are applicable to this
part.
[47 FR 23449, May 29, 1982. as amended at 49
FR 33879, Aug. 27, 19841
* 68.3 Right to administrative hear-
ings.
If a community appeals the Adminis-
trator's flood elevation determination
established pursuant to ~67.8 of this
subchapter, and the Administrator has
determined that such appeal cannot be
resolved by consultation with officials
of the community or by submitting the
connicting data to an independent sci-
entific body or appropriate Federal
agency for advice, the Administrator
shall hold an administrative hearing to
resolve the appeal.
[47 FR 23449. May 29. 1982, as amended al 49
FR 33879, Aug. 27.19841
* 68.4 Hearing board.
(a) Each hearing shall be conducted
by a three member hearing board (here-
inafter "board"). The board shall con-
sist of a hearing officer (hereinafter
"Judge") appointed by the Director
based upon a l-ecommendation by the
Office of Personnel Management and
two members selected by the Judge
who are qualified in the technical field
of nood elevation determinations, The
Judge shall consult with anyone he
deems appropriate to determine the
technical qualifications of individuals
being considered for appointment to
the board. The board members shall
not be FEMA employees.
(b) The Judge shall be responsible for
conducting the hearing, and shall make
all procedural rulings during the
course of the hearing. Any formal or-
ders and the final decision on the mer-
its of the hearing shall be made by a
majority of the board. A dissenting
member may submit a separate opinion
for the record.
(c) A technically qualified alternate
will be appointed by the Judge as a
member of the board when a tech-
nically qualified appointed member be-
comes unavailable. The Director" will
appoint an alternate Judge if the ap-
pointed Judge becomes unavailable.
362
Federal Emergency Management Agency
WashingtonJ D.C. 20472
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
IN REPLY REFER TO:
101/155
December 4,2009
Community: City of Salina,
Saline County, Kansas
Community No.: 200319
The Honorable M. Lucy Larson
Mayor, City of Salina
300 West Ash Street
Salina, Kansas 67402
Dear Mayor Larson:
On February 16, 2009, 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 PIS 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 a I-percent chance of being equaled or exceeded in any given year (base flood) for certain
locations in the City of Salina, Saline County, Kansas. 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/fhmlbfe
will be given in the Salina Journal on or about December 11, 2009, and December 18, 2009. The
BFEs for the flooding sources are listed in the table at the end of the BFE Notice for Studies.
Also, the proposed BFE determinations can be obtained by calling the FEMA Map Assistance
Center 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 September 8, 2009 at Part 67, Volume 74, Page 46058, 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 arc 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 all 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
NFlP regulations is enclosed.
2
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 FlS 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 Federal Insurance and Mitigation Division,
Region VII, 9221 Ward Parkway, Suite 300, Kansas City, Missouri 64114-3372.
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. Vour 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 NFTP
Regulations. [fwarranted, 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 February 5, 1986.
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.
3
The FIRM panels for Saline County, Kansas 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. ]n the mean time, if you have any questions about the digital files
please contact Shanna Michael of the Regional Management Center at 816-502-9420, ext. 4970,
the designated mapping partner for preparing digital mapping files. 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 Assistance Center, toll free, at
]-877-FEMA MAP (1-877-336-2627).
Sincerely,
~C?~
Kevin C. Long, Acting Chief
Engineering Management Branch
Mitigation Directorate
Enclosures:
I) Newspaper Notice
2) BFE Determination Notice to be published on FEMA's Web site
3) National Flood Insurance Program Regulations
cc: Community Map Repository
Mr. Dean Andrew, Community Floodplain Administrator, City of Salina
46058
Federal Register/Vol. 74, No. i72/Tuesday, September 8, 2009/Proposed Rules
. Elevation in feet
(NGVD)
+ Elevation in feet
(NAVD)
Flooding source(s) Location of referenced elevation" # Depth in feet above Communities affected
ground
^ Elevation in meters
(MSL)
Effective J Modified
ADDRESSES
Unincorporated Areas of Mason County
Maps are available for inspection at the Mason County Courthouse, Zoning Office, 125 North Plum Street, Havana, IL 62644.
Saline County, Kansas, and Incorporated Areas
East Dry Creek Tributary ... Approximately 0.7 mile downstream of Missouri Pacific None +1203 City of Salina, Unincor.
Railroad. porated Areas of Saline
County.
Approximately 0.9 mile upstream of Holmes Road ....H. None +1264
Old Smokey Hill River Approximately 1.5 miles downstream of Indiana Ave- None +1207 Unincorporated Areas of
Channel. nue, at the levee. Saline County, City of
Salina.
Apptoximately 0.5 mile upstream of Ohio Street ........... None +1225.
. National Geodetic Vertical Datum.
+ North American Vertical Datum.
# Depth in feel above ground.
^ Mean Sea Level, rounded to the nearest 0.1 meter.
.. BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref-
erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for
exact locations of all BFEs to be changed.
Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management
Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
City of Salina
Maps are available for inspection at 300 West Ash Street, Salina, KS 67402.
Unincorporated Areas of Saline County
Maps are available for inspection at 300 West Ash Street, Salina, KS 67402.
Montgomery County, Kentucky, and Incorporated Areas
Hinkston Creek ................... Approximately 500 feet upstream of Hinkston Pike (KY None +911 Unincorporated Areas of
1991). Montgomery County, City
of Mt. Sterling.
Approximately 100 feet downstream of Calk Lane ........ None +962
. National Geodetic Vertical Datum.
+ North American Vertical Datum.
# Depth in feet above ground.
^ Mean Sea Level, rounded to the nearest 0.1 meter.
.. BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref-
erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for
exact locations of all BFEs to be changed.
Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management
Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
City of Mt. Sterling
Maps are available for inspection at 33 North Maysville Street, Mount Sterling, KY 40353.
Unincorporated Areas of Montgomery County
Maps are available for inspection at 1 Court Street, Moun! Sterling, KY 40353.
Essex County, Massachusetts (All Jurisdictions)
Atlantic Ocean .................... Along the shoreline, approximately 350 feet east of the
end of 55th Street.
Along the shoreline, approximately 575 feet north of
the intersection of Northern Boulevard and B2nd
Street.
+13
+18 City of Newburyport.
+10
+22
FRIDAY, DECEMBER 11,2009
SALINA JOURNAL
Classified
ax:
785-822-1400
www.salina.com/class/
785.823.~
Toll Free In KanSi
1.800.827.
333 S. Fourth, P.O. Box 740, ~
Hours: Monday-Friday 8:00
Cars
Legals
(First published in
The Salina Journal
December 4, 2009)
IN THE DISTRICT
COURT OF SALINE
COUNTY,KANSAS
IN THE MATTER OF
THE ESTATE OF
VERNA lANING,
DECEASED
CaBa No. 06 PR 131
NOTICE OF HEARING
THE STATE OF KAN-
SAS TO ALL PERSONS
CONCERNED:
a ~~Yti~~eh~~r6~Xnnt?i~~~~
this Court by Patricia A.
Manning, duly appointed,
qualltled and acting Ad.
tnlnistrator of the Estate of
yerna Laning, deceased,
praying Petitioner's acts
be approved; account be
settled and allowed; the
~elr5 be determined; the
estate be assigned to the
persons entitled thereto
pursuant to the laws of in-
testale succession i fees
and expenses be ahowed;
costs be determined and
ordered pa id; the admini-
stration of th e estate be
closed; the Administrator
be discharged and pell.
tioner and the surety an
Administrator's bond be
releasl,d from further II.
ability.
You llre hereby required
l~n~~; th~~~tow~~e~r g~:
fore December 28. 2009,
at 9: 00 o'clock a.m. In the
District Court, Salina, Sa-
line County, Kansas, at
which time and place said
cause will be heard.
Should you fall therein,
Judgment and decree will
be entered In due course
upon the Petition.
[sf Patricia A.
Manning
Patricia A. Manning,
Administrator
SUBMITTED BY:
NORTON,
WASSERMAN, JONES
& KELLY, L.L.C.
213 South Santa Fe
P.O. Box 23B8
Salina. KS 67402-2388
(785) 827-3646
Fax (765) 827-0538
BY:l!?L.t!son 1,.. Reag
Jason L. Reed
se #18753
Attorneys for Petitioners
(3tsp)
~
(First Published In
The Salina Journal
Legals
Property Owner: Gary
D. & Mary A. Gleason;
Applicant: Andrew
Hammond.
Comments regarding
these requests win be ac-
cepted and recorded at
the Saline Co ~nty Plan.
n ing and Zoning Commis-
sion meetmg or may be
made by contacting the
Salin e County Planning
and Zoning Department at
(785) 309-5813 or by
sending e-mail to
~l\9~psel @saline.ora.
Vicki Koepsel,
Director
Saline County
Planning & Zoning
(11)
(First Published In
The Salina Journal
December 11l.2009l
DEPARTME...T OF'
HOMELAND SECURITY
FEDERAL EMERGENCY
MANAGEMENT AGENCY
Proposed Base Flood
Elevation Determination
lor the City of Salina
and the unlncorporeted
areas of Saline County,
KanB88. The Department
of Homeland Security's
Federal Emergency Man-
agement Agency solicits
tech nical Information or
comments on the pro.
posed Base
( 1-percent-annual-ChanCe\
Flood Elevations (BFEs
shown In the Preliminary
Flood Insurance Study
(FIS) and on Ihe Prellml.
nary Flood Insurance Rate
Map {FIRM} tor your com-
munity. These proposed
BFEs are the basis for the
floodplain management
measures that your com-
munity is required to either
adopt or show evidence of
havmg in eHect in order to
guatify or remain qualified
for participation in the Na-
tional Flood InSurance
Program (NFIP). For a
detailed lisling of the pro-
posed BFEs and informa-
tion on the statutory pe.
rlod provided for appaals,
please visit FEMA's web-
sit eat
~~~~etriOffi%%rea.~oci:ob~71
the FEMA Map Assistance
Center toll free at
1-877-FEMA MAP.
(Published in
The Salina Journal
December 11, 200~
RESOLUTION #09-2 13
A RFJ::Ol UTION TO
lBgals
Donald R. Merriman,
County Clerk
Vote: Yea Nay
- 11t)
Salina Board 01
Reallors
$8,000 TAX Credit
Ends Nov. 30th
Call Linda Today
Team One Real Estate
785-823-7090
1102 Highland
Well & Sprinkler System
2 Car Detached Garage
Salin.aHomes.com
(2tsp)
Houses-Lots
For SHle
2 BEDROOM house for
sale by owner,
674 S. 3rd, $40,000.
(785)826-5151,
18n FARM
HOUSE
5 bedroom.
13 acres, metal
shop. Must see 10
appreciate.
$139,0001 best offer
(785)593-B621
OMU & Associates, Inc.
Raal Estate & Auctions
785-825.1316
800-499-6182
www.omli.com
~ RElMAX
fh(oPI. Advantage
... REALTORS
I 785-825-5200
AdvantaaaSallna.com
WANTED: BUYERS
interested in owning a
home in a small townl
Call Realty Associates,
785-827-0331
FurnlshBd
Aparlm.nl.
1 BEDROOM Efficiency
& Studios. Laundry. Utili-
ties paid. No Pets.
823-9369.
1 BEDROOM, all bills
paid. $350 452-5511
1 ROOM eHiciency
apartment, all bills paid
$425f $250 deposit.
Basic cable included.
819-3990.
EFFICIENCY DOWN.
TOWN, no pets,
825-1766,825-9282.
Lodging
$150 PER MONTH &
up. (785)823-1622.
Unfurnished
ApartmBDt.
2 BEDROOM, close to
the mall, $500+ deposit,
water & trash paid,
81 9-0638
1 & 2 BEDROOM apart-
rnCllnt nartiCIII hrHC! nair!
2010 CHRYSLER 300 TOURING
Appendix B
The DVD for this appendix contains the following information:
1. XP-SWMM Scenariol Model
2. XP-SWMM Scenari02 Model
3. XP-SWMM Scenari03 Model
4. XP-SWMM Scenari04 Model
5. HEC-RAS Scenario 1 Model
a. Cross Section Shape File
b. Flood Hazard Area Shape File
c. Stream CL Shape File
6. HEC-RAS Scenario 2 Model
a. Cross Section Shape File
b. Flood Hazard Area Shape File
c. Stream CL Shape File
7. Existing Model Floodplain Revised Mapping (removes areas of flood depth less
than one foot for the existing preliminary model in two Zone AH areas)
8. Existing Model Revised BFEs (contains more appropriate BFE placement for the
preliminary XP-SWMM model
9. As-Built drawing PDF showing the correct interior drainage structure size
10. DTM created from City of Salina topography for Critical Drainage Area No.2
City of Salina
Page 29 of 29
CLARK, MIZE & LINVILLE
CHARTERED
PETER L PETERSON
JOHN W. MlZE
GREG A BENGTSON
MICKEY W. MOSIER
PAULA 1. WRIGHT
ERIC N. ANDERSON
DUSTIN 1. DENNING
MICHAEL P. ALLEY
PETER S. JOHNSTON
JARED B. JOHNSON
JARED T. HIATT
JOSHUA CHOW ARD
ATTORNEYS AT LAW
CL CLARK (1908 -2004)
JAMES P. MlZE (1910 - 1988)
129 S. EIGHTH, P.O. BOX 380
SALINA, KANSAS 67402-0380
TELEPHONE: (785) 823-6325
FAX (785) 823-[868
128 N. MAIN
LINDSBORG, KANSAS 67456
TELEPHONE: (785) 227-2010
AUBREY G. LINVILLE
LO. BENGTSON
RETIRED
www.cmI-Iaw.com
March 3, 2010
Kevin C. Long, Acting Chief
Engineering Management Branch
Mitigation Directorate
Federal Emergency Management Agency
500 C Street S.W.
Washington, D.C. 20472
RE: City of Salina, Kansas
Community No.: 200319
Dear Mr. Long
Our firm represents the City of Salina located in Saline County, Kansas. The City of Salina is
currently preparing to submit an appeal pursuant to the Flood Disaster Protection Act of 1973
(Public Law 93-234) and in accordance with the Code of Federal Regulations (CFR). However,
it has come to the City's attention that FEMA failed to properly initiate the appeal period.
Specifically, in accordance with 44 CFR 67.4, FEMA is required to publish a proposed BFE
determination notice, referred to as a proposed rule, in the Federal Register and publish the
proposed BFE determinations in a prominent local newspaper at least twice following the ten day
period immediately following the notification of the CEO. Enclosed are copies of the
publication from the Federal Register and the Salina Journal notice you previously provided with
your letter dated December 4,2009.
As you can see from the Federal Register publication, the only areas included consist of East Dry
Creek Tributary and the Old Smoky Hill River Channel. However, FEMA provided maps to
City staff that include proposed BFE's for an area much greater than that indicated in the Federal
Register publication. Specifically, the Federal Register notice excluded the Tributary to East
Dry Creek Tributary, The Slough, Magnolia Road Ditch, Critical Drain Area Number 2
(unnamed on effective FIRM), and numerous shallow flooding AE and AH zones on the
preliminary maps interior to the City of Salina Levee System.
The notice published in the Salina Journal refers the reader to "visit FEMA's web site at
https://www.fema.gov/planlprevent/fum/bfe or call FEMA Map Assistance Center toll free at
Kevin C. Long
March 3, 2010
Page 2
1-877-FEMA MAP...for a detailed listing of the proposed BFE's and information on the
statutory period provided for appeals...." City staff and I personally accessed the website listed
in the notice prior to March 2, 2010, and the site did not provide any information regarding the
proposed BFE's or the statutory appeal period. In fact, under "select community," the City of
Salina is not listed as an option. Only the City of Lenexa and Republic County are listed. Under
a separate section entitled "Status of Map Change Requests," there is no indication that the
appeal period ever began. I have enclosed print outs of the referenced pages for your review.
I also personally contacted the number listed in the Salina Journal notice and spoke with a
FEMA Map Specialist at the FEMA Map Assistance Center. According to the Specialist, they
do not have any information until the maps go effective. Specifically, they do not have a
detailed listing of the proposed BFE's for Salina, nor do they have information on the statutory
appeal period. Instead, the Specialist referred me to the City of Salina Floodplain Manager for
any questions. Neither the FEMA website nor the FEMA Map Assistance Center provided the
proposed BFE and statutory appeal period information as indicated in the notice.
It is the opinion of the City of Salina that neither the Federal Register notice, nor the Salina
Journal notice comply with the notice requirements in 44 CFR 67.4 for the reasons stated above,
and are therefore inadequate. Consequently, the City believes that the statutory appeal period did
not begin as required by law and that FEMA must reinitiate the 90-day statutory appeal period by
properly publishing the proposed rule in the Federal Register and republishing notice in the
Salina Journal with the proposed flood elevation determination required by the Code of Federal
Regulations.
Despite the deficiencies outlined above, be assured that the City will not unilaterally disregard
the stated deadline for appeal and intends to submit an appeal prior to March 18, 2010. The City,
however, intends to assert the deficiencies in the appeal and by filing the appeal in compliance
with the stated deadline does not waive any of its rights arising from the deficiencies.
We appreciate your immediate attention to this matter and await your response.
Sincerely,
CLARK, MIZE & LINVILLE, CHARTERED
Enclosure
cc: Jason Gage, City Manager (via email)
46058
Federal Register/Vol. 74, No. 172/Tuesday, September 8, 2009/Proposed Rules
. Elevation in feet
(NGVD)
+ Elevation in feet
(NAVD)
Aooding source(s) Location of referenced elevation" # Depth in feet above Communities affected
ground
^ Elevation in meters
(MSL)
Effective 1 Modified
ADDRESSES
Unincorporated Areas of Mason County
Maps are available for inspection at the Mason County Courthouse, Zoning Office, 125 North Plum Street, Havana, IL 62644.
Saline County, Kansas, and Incorporated Areas
East Dry Creek Tributary ... Approximately 0.7 mile downstream of Missouri Pacific None +1203 City of Salina, Unincor-
Railroad. porated Areas of Saline
County.
Approximatety 0.9 mile upstream of Holmes Road ....... None +1264
Old Smokey Hill River Approximately 1.5 miles downstream of Indiana Ave- None +1207 Unincorporated Areas of
Channel. nue, at the levee. Saline County, City of
Salina.
Approximately 0.5 mile upstream of Ohio Street ........... None +1225.
. National Geodetic Vertical Datum.
+ North American Vertical Datum.
# Depth in feet above ground.
^ Mean Sea Level, rounded to the nearest 0.1 meter.
.. BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref-
erenced locations above. Please refer to the revised Aood Insurance Rate Map located at the community map repository (see below) for
exact locations of all BFEs to be changed.
Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management
Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
City of Salina
Maps are available for inspection at 300 West Ash Street, Salina, KS 67402.
Unincorporated Areas of Saline County
Maps are available for inspection at 300 West Ash Street, Salina, KS 67402.
Montgomery County, Kentucky, and Incorporated Areas
Hinkston Creek ................... Approximately 500 feet upstream of Hinkston Pike (KY None +911 Unincorporated Areas of
1991). Montgomery County, City
of Mt. Sterling.
Approximately 100 feet downstream of Calk Lane ........ None +962
. National Geodetic Vertical Datum.
+ North American Vertical Datum.
# Depth in feet above ground.
^ Mean Sea Level, rounded to the nearest 0.1 meter.
.. BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref-
erenced locations above. Please refer to the revised Aood Insurance Rate Map located at the community map repository (see below) for
exact locations of all BFEs to be changed.
Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management
Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
City of Mt. Sterling
Maps are available for inspection at 33 North Maysville Street, Mount Sterling, KY 40353.
Unincorporated Areas of Montgomery County
Maps are available for inspection at 1 Court Street, Mount Sterling, KY 40353.
Essex County, Massachusetts (All Jurisdictions)
Atlantic Ocean .................... Along the shoreline, approximately 350 feet east of the
end of 55th Street.
Along the shoreline, approximately 575 feet north of
the intersection of Northern Boulevard and 82nd
Street.
+13
+ 18 City of Newburyport.
+10
+22
,FRIDAY, DECEMBER 11, 2009
SALINA JOURNAL
Classified
ax:
785-822-1400
www.salina.com/class/
785.823.~
Toll Free In Kans~
1.800.827.
333 S. Fourth, P.O. Box 740, :
Hours: Monday-Friday 8:00
Cars
(First published in
The Salina Journal
December 4, 2009)
IN THE DISTRICT
COURT OF SALINE
COUNTY, KANSAS
IN THE MATTER OF
THE ESTATE OF
,VERNA LANING,
DECEASED
Case No. 06 PR 131
NOTICE OF HEARING
THE STATE OF KAN-
SAS TO ALL PERSONS
CONCERNED:
a~~tYtig~eh~~r~nnf?t~1~
this Court by Patricia A.
Manning, duly appointed,
qualified and acting Ad.
Ininistrator of the Esfate of
vema Laning, deceased,
praying Petilioner's acts
be approved; account be
settled and allowed; the
heirs be determined; the
estate be assigned to the
persons entitled thereto
pursuant to the laws of in- FEDERAL EMERGENCY
testate succession; fees MANAGEMENT AGENCY
and expenses be allowed;
costs be determined and
ordered paid; the admini- Proposed Base Flood
stration of the estate be Elevation Determination
closed; the Administrator tor the City of Salina
be discharged and Peti. and the unincorporated
tloner and 1he surety on areas at Saline County,
Administrator's bond be Kansas. The Department
released from further Ii. of Homeland Security's
ability. Federal Emergency ~a.n-
You are hereby required agem~nt Agency soliCits
to file your written de. technical Informalion or
tenses thereto on or be. comments on the pro.
fore December 28, 2009, P 0 sed Bas e
at 9:00 o'clock a.m. in the f1-percent-amlUal-Chancel
District Court Salina Sa- !'Iood Elevations (BFEs
line County,' Kansas, at shown in the Preliminary
which time and place said Flood Insurance Study
cause will be heard. (FIS) and on the Prellml.
Should you fail therein nary Flood Insurance Rate
judgment and decree will Map (FIRM) for your com-
be entered in due course munity. These proposed
opon the Petition BFEs are the basis for the
. floodplain management
Is! Patricia A. measures that your com-
Manning munity is required to either
P t. . A adopt or show evidence of
a nCla . Manning, haVing in effect in order to
Administrator gualify or remain qualified
for participation in the Na-
tional Flood Insurance
Program (NFIP). . For a
detailed listing of the pro-
posed BFEs and informa-
tion on the statutory pe.
riod provided for appeals,
please visit FEMA's web-
sit eat
.f . v I n
, or ca
ce!t~~A t:,TF A~~an~
Hl77-FEMA MAP.
legals
SUBMITTED BY:
NORTON,
WASSERMAN, JONES
&KELLY, L.L.C.
213 South Santa Fe
p.O. Box 2388
Salina, KS 67402-2388
(785) 827-3646
eax (785) 827-0538
By: Is! Jason L. Reed
Jason L. Reed
SC #18753
Il,ttomeys for Petitioners
_.u (3tsp)
'" (First Published in
. The Salina Joumal
Legals
Property Owner: Gary
D. & Mary A. Gleason;
Applicant: Andrew
Hammond.
Comments regarding
these requests win be ac-
cepted and recorded at
the Saline County Plan.
ning and Zoning Commis-
sion meeting or may be
made by contacting the
Saline County Planning
and Zoning Department at
(785) 309-5813 or by
sending e-mail to
vicki koeosel@saline org.
Vicki Koepsel,
Director
Saline County
Planning & Zoning
(11)
(First Published in
The Salina Journal
December 111,g.009)
DEPARTMErH Of'
HOMELAND SECURITY
Legals
Donald R. Merriman,
County Clerk
Vote: Yea Nay
- 11t)
Salina Board 01
Realtors
$8,000 TAX Credit
Ends Nov. 30th
Call Linda Today
Team One Real Estate
785-823-7090
1102 Highland
Well & Sprinkler System
2 Car Detached Garage
<'_I:_..H
.:>all.IJanomes.COlll
785.820.5900
Reasons To
oJt~~
Reason #1 <,
. PeqlIe Who Look
0IIfng1lieHolidaysAre
ltoI'e Serious Iluyen
~
ssica Decker
785-342-0935
WVtW:jeSsicadeckerraltor.com
&rliiii'
.. EA.L ...."..
~ ~ >>; ~ ,(~ f:Hfr?!~ ~<: jf:;
~~. ".,.' ,,~...,";'~"'::':-::::':;;<~^,,~ /X'P
&.~~< ;f:f7"%;~ ,,~, " "}V~..;;~""~
~~< ",~~ ([.~' ;,:-'tr ~'~( ,~ ~
t,,,.:<> 0> Y~E;-~ ~j.<:",,~~
(Published in
The Salina Journal
December 11, 2009J
RESOLUTION 1109-2 13
A RF~OI IITION TO
Houses-Lots
For Sale
2 BEDROOM house for
sale by owner,
674 S. 3rd, $40,000.
(785)826-5151 .
1877 FARM
HOUSE
5 bedroom,
13 acres, metal
shop. Must see to
appreciate.
$139,000/ best offer
(785)593-6621
OMLI & Associates, Inc.
Real Estate & Auctions
785-825-1316
800-499-6182
www.omli.com
".... RElMAX
'fINW,. Advantage
..... REALTORS
i 785-825-5200
AdvantaaeSallna.com
WANTED: BUYERS
interested in owning a
home in a small townl
Call Realty Associates,
785-827-0331
furnished
Apartments
1 BEDROOM Efficiency
& Studios. Laundry. Utili-
ties paid. No Pets.
823-9369.
1 BEDROOM, all bills
paid. $350 452-5511
1 ROOM efficiency
apartment, all bills paid
$4251 $250 deposit.
Basic cable included.
819-3990.
EFFICIENCY DOWN-
TOWN, no pets,
825-1766, 825-9282.
Lodging
$150 PER MONTH &
up. (785)823-1622.
Unfurnished
Apartments
2 BEDROOM, close to
the mall, $500+ deposit.
water & trash paid,
819-0638
1 & 2 BEDROOM apart-
menf n~rtiClI hillc: nClirl
FEMA: Base Flood Elevation (BFE) Notices for Preliminary Flood Insurance Studies and... Page 1 of 1
BFE Search
Community Listing for Kansas
Select Community: (None)
Submit Reset
l(allfGl
https://www.floodmaps.fema.gov/fum/Scripts/bfe_srch.asp ?state= KS
2/2212010
FEMA: Status of Map Change Requests
Status for SALINA, CITY OF - KS
LOMCs
Status
RMINATION: 2009-04-14
DISTRIBUTE DETERMINATION: 2009-04-14
I DISTRIBUTE DETERMINATION: 2009-03-17
I DISTRIBUTE DETERMINATION: 2009-08-07
TRIBUTE DETERMINATION: 2009-04-28
TRIBUTE DETERMINATION: 2009-05-27
o
STUDIES
Community
NfA
Appeal
Ends
SALINA, CITY 0
OF
NfA
OF
, ITY 08-07
fA
Go Back
http://www .floodmaps.fema.gov /fum/Scripts/ st_ stat. asp
NfA
Page 1 of 1
3/1/2010
FEMA: Status of Map Change Requests
Status for Saline County-wide - KS
LOMCs
Community II Case # II Status
No LOMCs For This Community
STUDIES
unity Status
nty- 06-07-B155S PRELIMINARY IN
PROGRESS
IOS-07-0536S I PRELIMINARY IN
. . PROGRESS
Go Back
http://www.floodmaps.fema.gov /fhm/Scripts/ st_ stat. asp
Page 1 of 1
3/1/2010
FEMA: Status of Map Change Requests
Status for SALINE COUNTY* - KS
LOMCs
-08-03
-07-30
RMINATION: 2009-11-10
N : 2009-11-05
ATION: 2009-10-21
INATION: 2009-12-18
TERMINATION: 2010-02-26
BUTE DETERMINATION: 2010-01-26
!BUTE OTHER RESPONSE: 2010-02-04
DISTRIBUTE DETERMINATION: 2010-02-23
T RESOURCE:
STUDIES
Community
Case #
Status
06-07-B 155S FINAL CCO MEETING HELD
2009-04-28
108-07-0536S PRELIMINARY IN PROGRESS
Go Back
http://www.floodmaps.fema.gov /furn/Scripts/ st_ stat. asp
Page 1 of 1
3/1/2010
FEMA: Status of Map Change Requests
Status for SALINA, CITY OF - KS
LOMCs
Status
OF
INA, CITY OF
LINA, CITY OF
SALINA, CITY OF
SALINA, CITY OF
SALINA, CITY OF
SALINA, CITY OF
SALINA, CITY OF
STUDIES
N/A
Status
ppeal
egins
Appeal
Ends
N/A
Go Back
http://www.floodmaps.fema.gov /fum/Scripts/st _ stat. asp
/A
Page 1 of 1
2/22/2010
Page 1 of 1
Stack, Dan
From: Miller, Bob [BMILLER@mbakercorp.com]
Sent: Tuesday, March 02, 2010 10:54 AM
To: Stack, Dan; Nickles, Duncan M
Cc: Miller, Bob
Subject: BFE Website
Attachments: Saline, KS BFE Notice.pdf
Mr. Stack,
The BFE website you mention is having issues at this time that are being looked at. I have attached a copy of the
BFE notice for you. If you have any questions or need more information, please feel free to call me at
724.495.4210 or at
Thank you,
Bob Miller
Robert Miller
Michael Baker Jr., Inc.
4301 Dutch Ridge Road
Beaver, PA 15009
724-495-4210
bmi lIer@mbakercorp.com
3/11/2010