• A copy of the adopted operation and maintenance plan for the levee; and
• Records of levee maintenance and operation, as well as tests of the mechanized interior drainage systems, if applicable.
Scenario A2: Once the FEMA Regional Office sends the initial notification letter for Scenario A, the community and/or levee owner will be given 90 days to return either the PAL application package or the maintenance deficiency letter. If the community/levee owner believes that the levee meets 44 CFR Section 65.10 requirements with the exception of maintenance deficiencies, then they may qualify for Scenario A2.
Once the community/levee owner determines that maintenance deficiencies exist, the community/levee owner will have 90 days from the date of the initial notification letter to submit a signed letter requesting the maintenance deficiency correction period. At a minimum, this letter must clearly state:
• The only grounds for the levee in question not currently meeting the 44 CFR Section 65.10 requirements or PAL requirements are maintenance issues; and
• Within the 1-year “maintenance deficiency correction period,” the community/ levee owner can remedy the maintenance deficiencies and submit one of the following:
∘ All documentation necessary to comply with the requirements listed in 44 CFR Section 65.10; or
∘ A request for a PAL designation and the entire PAL application package (PAL application requirements listed below).
If the community/levee owner submits a response before the 91st day following the date of the initial notification letter, the FEMA Regional Office will notify the community/ levee owner that the current study/mapping project will move forward and that the area landward of the levee will be remapped and shown as Zone AE or Zone A, depending on the type of study performed for the area. The notification will state that the Letter of Final Determination (LFD) and effective DFIRM will be delayed until the 1-year correction period has elapsed. For FEMA to remove the Special Flood Hazard Area (SFHA) designation landward of the levee, the community and/or levee owner must submit the following within the 1-year correction period:
• All the requirements listed in 44 CFR Section 65.10; or
• A request for a PAL designation and the entire PAL application package (PAL application package requirements listed below).
If all the data and documents required to comply with 44 CFR Section 65.10 are submitted before the 1-year correction period has elapsed, FEMA will issue the LFD and show the levee on the effective DFIRM as accredited. However, if a request for a PAL designation and a PAL application package are submitted and approved before the 1-year correction period has elapsed, then FEMA will issue the LFD and show the levee on the effective DFIRM as provisionally accredited. In addition, for the PAL option, the