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Rationale for TR-06 Approval-Western Mobile Page 10 <br /> Deepe Farm Pit, Permit No. M-81-302 <br /> September IS, 1997 <br /> magnitude and its relationship to flood plain management be discussed. In <br /> order to provide a standard national procedure, the one percent annual chance <br /> flood has been adopted by the FEMA as the base flood for purposes of flood <br /> plain management measures. This procedure is the basis upon which the <br /> Division has conducted its evaluation. The Division's evaluation is consistent <br /> with nationally recommended and established procedures. Extreme flood <br /> events that can have a very much greater magnitude than the one percent <br /> annual chance flood can and do occur, but of course have a lower annualized <br /> probability of occurrence. This is a significant complicating factor for flood <br /> plain management in that there will always be residual losses from extreme <br /> events above and beyond those for which mitigation is cost-effective. <br /> 3. A commentor submitted a letter dated August 22, 1997 expressing concerns with the <br /> levee modifications proposed in technical revision TR-06. The primary concern was <br /> that the Division's consideration of the proposed levee modifications should await the <br /> further planned flood plain investigations. The Division's position on the regulatory <br /> authority to delay the decision on the technical revision, or to deny the technical <br /> revision in the absence of specific denial criteria, is discussed in detail above. <br /> 4. Another letter dated September 2, 1997 expressed concerns with the levee <br /> modifications proposed in technical revision TR-06. The primary concerns, with the <br /> discussion of the Division's consideration of those concerns, are listed here: <br /> a. In the letter, it is stated that approval of technical revision TR-06 "will give <br /> color to the applicant's claims that the levee is a legally permitted structure; <br /> allow for FEMA certification of the structure; permit flood prone areas of the <br /> depleted gravel pits to be officially removed from the 100-year floodplain; and <br /> pave the way for subsequent development of those flood prone areas." As was <br /> discussed above, the areas of the Deepe Farm Pit behind the perimeter levee <br /> have been officially removed from the 100-year flood plain since 1988. <br /> Development already exists in the 100-year flood plain downstream from the <br /> levee. Again, it is important to note that the levee was in place prior to the <br /> issuance of the original Deepe Farm Pit reclamation permit. The Division <br /> must act on permit applications and features as they appear at the time of the <br /> application. As for the levee's status as a legally permitted structure, approval <br /> of technical revision TR-06 will permit the operator to modify the levee under <br /> the Act and Rules, but will not relieve the operator of the responsibility to <br /> comply with applicable local codes or any Federal or State requirements that <br /> may also apply. <br />