community/levee owner must provide a progress report to the FEMA Regional Office after 12 months to document progress toward obtaining 44 CFR Section 65.10 data If any of the following alternatives occur, FEMA will issue the LFD and an effective DFIRM that shows the areas 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 community/levee owner does not submit a signed response letter before the 91st day following the date of the initial notification letter.
• The community/levee owner is granted the 1-year correction period, but does not submit the required data within the 1-year correction period.
• The submitted deficiency correction data are determined to be inadequate.
• A request for a PAL designation and the entire PAL application package is not submitted and approved before the 1-year correction period has elapsed.
• The 12-month PAL progress report is not provided to FEMA, and the FEMA Regional Office believes the PAL designation should be rescinded.
• The full documentation necessary to comply with 44 CFR Section 65.10 is not provided within 24 months of the final day of the correction period.
• The data and documentation submitted to meet the requirements of 44 CFR Section 65.10 or the PAL application is determined to be inadequate.
When the FEMA Regional Office sends the initial notification letter, the following attachments must be included:
• A description of the requirements to meet 44 CFR Section 65.10, entitled “Mapping of Areas Protected by Levee Systems;” and
• An agreement to accept the PAL option (agreement for Scenario A2), for the community/levee owner to sign and return to FEMA.
In response to the initial notification letter, the community/levee owner is to submit the following to FEMA to meet the PAL application package requirements for Scenario A2:
• An agreement signed by the community/levee owner stating that the PAL designation is warranted because the levee now meets the requirements of 44 CFR Section 65.10;
• 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 B - Levees in the USACE program that are eligible for PAL
Levees in the USACE program that meet the following criteria are eligible for the PAL designation.
Criteria to meet Scenario B: