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ZONING AMENDMENT SEC 2 2,SEC 8 WETLANDS,FLOOD HAZARD OVERLAY DISTRICT - PLANNING Planning Board Report to Council r Regarding Zoning Amendment SeC-2- 4Sec. CONWT Citp of *alem' Aa'55aCbU!5ett!6 Office of the Citp Council Citp jt)afl COUNCILLORS-AT-LARGE JOAN B. LOVELY WARD COUNCILLORS PRESIDENT 2012 CHERYL A. LAPOINTE 2012 KEVIN R.CARR,JR. CITY CLERK ROBERT K. MCCARTHY THOMAS H. FUREY MICHAEL SOSNOWSKI JOAN B.LOVELY TODD A.SIEGEL ARTHUR C.SARGENT III May 30, 2012 JERRY L.RYAN JOSH H.TURIEL PAUL C.PREVEY JOSEPH A.O'KEEFE,SR. Ms. Lynn Duncan, Planner City of Salem Salem, MA 01970 Dear Ms. Duncan: At a regular meeting of the City Council, held on May 24, 2012 the enclosed Zoning Ordinance was adopted for second and final passage by unanimous roll call vote of 11 yeas, 0 nays. 0 absent This action was approved by Mayor Kimberley Driscoll on May 29, 2012. n Sincerely, 'X;e� lYRYA. tel. 064 L LAPOINTE CITY CLERK Enclosure SALEM CITY HALL• 93 WASHINGTON STREET•SALEM, MA 01970-3592•WWW.SALEM.COM City of Safem In the year two thousand and twelve An Ordinance to amend the Ordinance relative to Zoning Be it ordained by the City Council of the City of Salem, as jollow,s: Section L Section 2.2 of the City of Salem Zoning Ordinance is hereby amended by deleting the words, "Wetlands and" from the phrase "Wetlands and Flood Hazard Overlay District'and deleting"WFHOD"and replacing it with "FHOD." Section 11. Section 8.1 WETLANDS AND FLOOD HAZARD OVERLAY DISTRICT (WFHOD) is hereby amended by changing its title from "WETLANDS AND FLOOD HAZARD OVERLAY DISTRICT(WFHOD)"to"FLOOD HAZARD OVERLAY DISTRICT(FHOD)." All subsequent uses of the term "WFHOD" shall be replaced with the term "FHOD." Section 111. Section 8.1.1 Purpose,sub-paragraph 3 is hereby amended by deleting the words "wetlands and,"and by deleting the phrase "and to protect against pollution and contamination of such water supplies and to conserve valuable habitats for wildlife, including fisheries and she IIfisheries." Section 1V. Section 8.1 is hereby further amended by deleting Section 8.1.2 Definitions in its entirety and replacing it with the following. "8.1.2 Flood Hazard District Boundaries,and Floodway and Base Flood Elevation Data I. Flood hazard district. The FHOD is herein established as an overlay district. The FHOD includes all special Flood hazard areas within the City of Salem designated as Zone A, AE, AO or VE on the Essex County Flood Insurance Rate Map(FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The map panels of the Essex County FIRM that are wholly or partially within the City of Salem are panel numbers 25009: 0414F, 0416F, 0417F, 0418F, 0419F, 0436F, 0437F, 0438F, 0439F, 0441 F, 0442F, 0443F, 0527F, 0531 F,0532F, and 0552F, dated July 3, 2012. The exact boundaries of the District may be defined by the 100- year base flood elevations shown on the FIRM and further defined by the Essex County Flood Insurance Study(FIS) report dated July 3, 2012. The FIRM and FIS report are incorporated herein by reference and are on file with the Department of Planning and Community Development. 2. Floodtvay Data. In Zones A and AE, along watercourses that have not had a regulatory Floodway designated, the best available Federal, State, local, or other doodway data shall be used to prohibit encroachments in Floodways which would result in any increase in Flood levels within the community during the occurrence of the base flood discharge. 3. Base Flood Elevation Data. Base Flood elevation data is required for subdivision proposals or other developments greater than 50 lots or 5 acres, whichever is the lesser, within unnumbered A zones. Section V. Section 8.1 is hereby further amended by deleting Section 8.1.3 Overlay District in its entirety. Section VL Section 8.1 is hereby further amended by renumbering Section 8.1.4 Permitted Uses as S.1.3 and renumbering all subsequent sections accordingly. Section VI/. Section 8.1.4 Permitted Uses is hereby amended by deleting the phrase "or unpaved accessory parking lots" from subparagraph 7. Section V///. Section 8.1.5 Special Permit Uses is hereby amended by a. adding the word "and" to paragraph one immediately before the phrase "no area shall be paved"and by deleting the phrase"and no sediment shall be caused to be discharged from or onto a wetlands"as it appears in paragraph one; b. deleting sub-paragraphs 4, 5, and 6; and c. amending sub-paragraph 7 by deleting the word"Further,"; deleting the term "V3"and replacing it with the term "VE";deleting the term "FIA"and replacing it with the term "FEMA" ; and deleting subparagraph "b" in its entirety. Section !X. Section 8.1.6 Special Permit Procedure is hereby amended by deleting sub- paragraph 2 and adding the following: 5. The Flood Hazard District is established as an overlay district to all other districts. All development in the district, including structural and non-structural activities, whether permitted by right or by special permit must be in compliance with Chapter 131, Section 40 of the Massachusetts General Laws and with the following: - Sections of the Massachusetts State Building Code (780 CMR) which address Floodplain and coastal high hazard areas; - Wetlands Protection Regulations, Department of Environmental Protection (DEP) (currently 310 CMR 10.00); - Inland Wetlands Restriction, DEP(currently 310 CMR 13.00); - Coastal Wetlands Restriction, DEP(currently 310 CMR 12.00); Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR 15, Title 5); Any variances from the provisions and requirements of the above referenced state regulations may only be granted in accordance with the required variance procedures of these state regulations. Section X Section 8.1 is hereby further amended by adding the following section: 8.1_6 Notification or Watercourse Alteration In a riverine situation, the Planning Board shall notify the following of any alteration or relocation of a watercourse: 1. Adjacent Communities 2. NFIP State Coordinator Massachusetts Department of Conservation and Recreation 251 Causeway Street, Suite 600-700 Boston, MA 02114-2104 3. NFIP Program Specialist Federal Emergency Management Agency, Region 1 99 High Street,6th Floor Boston, MA 02110 Section XI. Section 8.1.6 Planning Board Action is hereby amended by deleting the words "wetland or" from the last sentence. Section Xl/. Section 8.1 is hereby further amended by deleting Section 8.1. Regulations in its entirety. 8 Area and Yard Section Xlll. Section 8.1 is hereby further amended by adding the following section: 8.1.8 Other Use Regulations I In Zone AE, along watercourses within the City of Salem that have a regulatory floodway designated on the Essex County FIRM encroachments are prohibited in the regulatory floodway which would result in any increase in flood levels within the community during the occurrence of the base flood discharge. 2• Man-made alteration of sand dunes within Zone VE which would increase Potential flood damage is prohibited. 3. All subdivision proposals must be designed to assure that: a. such proposals minimize flood damage; b. all public utilities and facilities are located and constructed to minimize or eliminate flood damage; and C adequate drainage is provided to reduce exposure to flood hazards. SectiOn XIV. This Ordinance shall take effect as provided by City Charter. In City Council March 22, 2012 Referred to the Planning Board to schedule a joint public hearing with the City Council Joint Public Hearing held with the Planning Board on May 3, 2012 and advertised in the Salem News on April 19th & 26th, 2012. Referred to the Planning Board for their recommendation. In City Council May 10, 2012 Planning Board recommendation accepted Adopted for first passage In City Council May 24, 2012 Adopted for second and final passage by unanimous roll call vote of 11 yeas, 0 nays, 0 absent Approved by the Mayor on May 29, 2012 ATTEST: CHERYL LAPOINTE CITY CLERK City of Salem Yea and Nay Vote of the Board Of Registrar of Voters Upon the Question of t F O � Yea Nay Pres. Absent Date S'oZ2012 Kevin R. Carr,Jr. Thomas H. Furey Joseph A. O'Keefe Sr. Robert K. McCarthy Paul C. Preve Jerry L. Ryan Arthur C.Sargent, III Todd A. Siegel Michael Sosnowski Josh H. Turiel Joan B. Lovely, President 861E COPY ;� t-w�Gl� _�� T Totals l( 0 V 6DD n A,•°"/,- i CBTt�-CCLEM SALEM, DABS, CIT CLERK CITY OF SALEM f PLANNING BOARD LUIL FILE # CITY CLERK, SALEM,MASS. Report to City Council May 7, 2012 At its meeting on May 3, 2012 the Salem Planning Board met to review proposed amendments to Section 8.1 of the Zoning Ordinance to comply with requirements of the Federal Emergency Management Agency (FEMA), including designation of special flood hazard areas within the City of Salem as Zone A, AE, AO or VE on the Essex County Flood Insurance Rate Map (FIRM) issued by FEMA for the administration of the National Flood Insurance Program (NFIP), as shown on map panels 25009: 0414F, 0416F, 0417F, 0418F, 0419F, 0436F, 0437F, 0438F, 0439F, 0441 F, 0442F, 0443F, 0527F, 0531 F, 0532F, and 0552F, dated July 3, 2012. In addition, the proposed amended ordinance deletes the requirement for a Planning Board Special Permit in wetland and wetland buffer areas. The Planning Board voted to recommend as follows to the City Council: The Planning Board voted nine (9) in favor (Charles Puleo, Randy Clarke, Timothy Kavanagh, Timothy Ready, George McCabe, Mark George, Helen Sides, Lewis Beilman and John Moustakis), and none (0) opposed to recommend adoption of the proposed zoning amendment. In making this recommendation, the Planning Board specifically addressed two issues raised at the joint hearing with City Council. With regard to deletion of the requirement for a Planning Board Special Permit in wetland and wetland buffer areas, the Board considered the fact that this Special Permit is repetitive with Conservation Commission review, results in unnecessary costs to applicants, and creates confusion due to both Boards undertaking the same projects with similar review criteria. The Board further noted that the Conservation Commission has better tools and resources available to it, as well as greater expertise, in reviewing impacts to wetland areas, than the Planning Board. With regard to the threshold for requiring applicants to submit base flood elevations for projects of five acres or 50 lots, the Board felt that the threshold was appropriate. If you have any questions regarding this matter, please feel free to contact Lynn Duncan at the Department of Planning & Community Development at (978) 619-5685. Sincerely,n Charles Puleo Chair Cc: Mayor Kimberley Driscoll 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 •TEL: 978.745.9595 FAx: 978.740.0404 ♦ WWW.SALEM.COM CITY OF SALEM, MASSACHUSETTS IPS _ y DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT ICwBERLEY DRISCOLL MAYOR 120 WASHINGTON STREET ♦ SALED'1,MASSACHUSET"fS 01970 TELE:978-619-5685 ♦ FAX:978-740-0404 LYNN GOONIN DUNCAN,AICP DIRECTOR MEMORANDUM TO: City Council Cc: Cheryl Lapointe, City Clerk Planning Board Members FROM: Lynn Duncan, City Planner DATE: May 7, 2012 RE: Flood Hazard Overlay District amendment I noted at the joint public hearing on May 3, 2012 that I would provide a copy of the proposed Flood Ordinance Overlay District (FHOD) with all changes incorporated. This document is attached. I have highlighted the section 8.1.4 that describes the uses that require a special permit. A question was raised regarding the requirement to provide base flood elevation data for projects exceeding 50 lots or 5 acres, whichever is the lesser. This provision only relates to the unnumbered A zone. In order to understand the basis of this threshold, Danielle McKnight, Staff Planner, spoke to Richard Zingarelli, Acting State Hazard Mitigation Officer/NFIP Coordinator for the DCR Flood Hazard Management Program, on May 4. She also consulted the FEMA website for information about flood zones for an explanation of terms. 1. FEMA's definition of"base flood": The flood having a one percent chance of being equaled or exceeded in any given year. This is the regulatory standard also referred to as the "100-year flood." The base flood is the national standard used by the NFIP and all Federal agencies for the purposes of requiring the purchase of flood insurance and regulating new development. Base Flood Elevations (BFEs) are typically shown on Flood Insurance Rate Maps (FIRMS). 2. FEMA's definition of"base flood elevation": The computed elevation to which floodwater is anticipated to rise during the base flood. Base Flood Elevations (BFEs) are shown on Flood Insurance Rate Maps (FIRMS) and on the flood profiles. The BFE is the regulatory requirement for the elevation or floodproofing of structures. The relationship between the BFE and a structure's elevation determines the flood insurance premium. 3. Not all flood zones have their Base Flood Elevations determined on the FIRMS. The so- called "unnumbered" A zones do not have Base Flood Elevations already defined by FEMA. FEMA is requiring developments of a certain size to provide these Base Flood Elevations in the course of local review, to determine exactly where water from a 100 year flood is expected to go. The requirement that communities ask for this data is directly from FEMA. Danielle was advised by Mr. Zingarelli that if communities wish to impose stricter standards and require smaller projects to submit this data, they are free to do so (and DCR would accept this change to our ordinance), but asking applicants for very small subdivisions or projects to determine Base Flood Elevations in the unnumbered A zone is onerous as it requires field survey work and related engineering. Additionally, the Conservation Commission always has the ability to request Base Flood Elevations, no matter what the size of a project, regardless of Planning Board requirements. Mr. Zingarelli also confirmed that the requirement to submit Base Flood Elevation data for subdivisions in the unnumbered A Zones is unrelated to thresholds for review—this provision does not keep any project from being reviewed that would otherwise require a Special Permit from the Planning Board. However, I do understand the concern of the City Council and, therefore, I propose a change to the proposed ordinance for Section 8.1.2.3 as follows. The change is in italics below, although it would not be italicized in the final ordinance. 3. Base flood Elevation Data. Base flood elevation data is required for subdivision proposals or other developments greater than 50 lots or 5 acres, whichever is the lesser, within unnumbered A zones. The Planning Board may, at its discretion, require this information fbr smaller development proposals. I have also attached a revised Order to amend the zoning, which contains this revision, should you desire to incorporate it. -2- INTRODUCTION: FLOOD HAZARD MANAGEMENT PROGRAM MODEL BYLAWS FOR FLOODPLAIN DISTRICTS Why adopt a floodplain zoning bylaw? The National Flood Insurance Program (NFIP) was created in 1968 to help cut the costs to taxpayers of federal disaster relief for flooding. In order for residents of a community to be eligible to receive flood insurance, the community must agree to abide by the NFIP's minimum requirements for floodplain management. These requirements include the adoption of a floodplain zoning ordinance or bylaw by communities interested in participating. When a community seeks to enter the regular phase of NFIP participation, the Federal Emergency Management Agency (FEMA) Regional office will contact community officials to inform them of the minimum standards that must be adopted in the municipal ordinance or bylaw to ensure compliance with the requirements of the NFIR Why is the Flood Hazard Management Program involved? The Flood Hazard Management Program within the Department of Conservation and Recreation is the State Coordinating Office for the administration of the National Flood Insurance Program throughout Massachusetts. The program serves as a liaison between municipal officials and FEMA, and as a guide for officials to the Massachusetts state regulations pertaining to floodplain management. Participating Massachusetts communities must abide not only by federal guidelines, but to state regulations that can be more restrictive than the federal regulations. All communities need to adhere to the State Building Code (780 CMR 120.G, Flood Resistant Construction and Construction in Coastal Dunes), the Wetlands Protection Act regulations (3 10 CMR 10.00), and the State Sanitary Code (Title 5). It is important that community officials understand where state and local regulations are more restrictive than federal requirements. In the following pages, recommended floodplain bylaw language will be supplemented with explanations in italics concerning the purpose of the suggested language. For communities participating in the National Flood Insurance Program, designations are made depending on the level of mapping. The different types of communities will require differences in the language of the model bylaw. Each item in this model bylaw will show in boldface which type or types of community needs to adopt what language. "b" communities are those for which special flood hazard areas (A Zones) have been designated on the community's Flood Hazard Boundary Map or Flood Insurance Rate Map, but for which water surface elevation data has not been produced, and no Flood Insurance Study has been published. 1 "c" communities are those for which a notice of final base flood elevations have been designated within Zones Al-30 or AE on the community's Flood Insurance Rate Map (FIRM). AO, AH, A99, and A Zones may have also been designated on the community's FIRM. There has not been data prepared from which the community shall designate its regulatory floodway. "d" communities are those for which a notice of final base flood elevations have been designated within Zones Al-30 or AE on the community's Flood Insurance Rate Map (FIRM). AO, AH, A99, and A Zones may have also been designated on the community's FIRM. In addition, data has been prepared by FEMA from which the community shall designate its regulatory floodway. "e" communities are those for which a notice of final base flood elevations have been designated within Zones Al-30 or AE on the community's Flood Insurance Rate Map (FIRM), and if appropriate, has designated AO, AH, A99, and A zones on the community's FIRM and has identified on the FIRM coastal high hazard areas as Zones V1-30, VE, or V. In addition, data may have been prepared by FEMA from which the community shall designate its regulatory floodway. Beginning in 2008 in Massachusetts, FEMA began producing Flood Insurance Rate Maps (FIRMS) and Flood Insurance Study(FIS) reports on a countywide basis. Prior to 2008, each community was represented individually on a set of FIRMs and FIS report. Under the new countywide format, a single set of FIRMS and FIS report is prepared for all communities in a particular county. There will be differences in the language used to define the floodplain district depending on whether the effective FIRMS are in a community-based or countywide format. The items listed below are discussed in detail on the following pages. Each item is necessary to the adoption of a complete floodplain district bylaw. Article 1. Statement of Purpose Article II. Floodplain District Boundaries and Base Flood Elevation Data, Floodway Data Article 111. Use Regulations Article 1V. Notification of Watercourse Alteration Article V. Definitions 2 f MODEL COMMUNITY BYLAW FOR FLOODPLAIN DISTRICTS ARTICLE I. STATEMENT OF PURPOSE (b, c, d, a communities) The model bylaw is not meant to add unnecessary layers of review to the permit-issuing process, but to ensure that participating communities fully adopt and enforce at least the minimum NFIP requirements. The following Statement of Purpose tells project proponents and permit reviewers why consideration of the siting of a project in the floodplain is important. Reasons why a floodplain district is required include providing public safety, reducing potential of emergency situations, eliminating costs, and reducing damage to property and community infrastructures. The purposes of the Floodplain District are to: 1) Ensure public safety through reducing the threats to life and personal injury; 2) Eliminate new hazards to emergency response officials; 3) Prevent the occurrence of public emergencies resulting from water quality, contamination, and pollution due to flooding; 4) Avoid the loss of utility services which if damaged by flooding would disrupt or shut down the utility network and impact regions of the community beyond the site of flooding; 5) Eliminate costs associated with the response and cleanup of flooding conditions; 6) Reduce damage to public and private property resulting from flooding waters. ARTICLE II. FLOODPLAIN DISTRICT BOUNDARIES AND BASE FLOOD ELEVATION AND FLOODWAY DATA The Federal Emergency Management Agency creates maps that define a community's floodplain district boundaries. These maps include base flood elevations and floodway data. The maps form the basis of a community's floodplain management program. To ensure compliance with the requirements of the NFIP, communities must refer to the current effective Flood Insurance Study, Flood Insurance Rate Maps, and, if applicable, Flood Boundary and Floodway Maps in their bylaw. The following sections require close review by officials considering adopting the model bylaw. Officials must ensure that the proper dates are included, and should tailor the references to flood zones to what actually appears on the maps (e.g., do not include designations for AO or A99 zones if the FIRM does not include these zones). Dates are subject to change as maps are revised; FEMA notifies the chief elected official of any revisions well before the maps change. 1 I SECTION A. FLOODPLAIN DISTRICT BOUNDARIES AND BASE FLOOD ELEVATION DATA (b, c, d, a communities with modifications) The section below contains language to define the floodplain district, depending on whether the community has "community-based" or "countywide"Flood Insurance Rate Maps (FIRMs) and Flood Insurance Study (FIS). Communities should choose the appropriate section below based y on the format of their map products. 0 For communities with "Community-Based" FIRMs and FIS: S� r The Floodplain District is herein established as an overlay district. The District includes all special flood hazard areas designated on the (Community Name) Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the NFIP dated _(FIRM date) as Zone A, AE, AH, AO, Al-30, A99, V, VI-30, VE, and the FEMA Flood Boundary &Floodway Map dated_Flood Boundary & Floodway Map date) , both maps which indicate the 100-year regulatory floodplain. The exact boundaries of the District may be defined by the 100-year base flood elevations shown on the FIRM and further defined by the Flood Insurance Study(FIS) report dated (FIS date) . The FIRM, Flood Boundary & Floodway Map, and FIS report are incorporated herein by reference and are on file with the Town Clerk, Planning Board, Building Official, Conservation Commission and (Other) . For communities with "Countywide" FIRMs and FIS: ''>> tr The Floodplain District is herein established as an overlay district. The District includes all special flood hazard areas within the (Community Name) designated as Zone A, AE, AH, AO, A99, V, or VE on the (County Name) Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The map panels of the (County Name) FIRM that are wholly or partially within the (Community Name) are panel numbers (panel numbers) dated (panel date) . The exact boundaries of the District may be defined by the 100-year base flood elevations shown on the FIRM and further defined by the (County Name) Flood Insurance Study (FIS) report dated (FIS date) . The FIRM and FIS report are incorporated herein by reference and are on file with the Town Clerk, Planning Board, Building Official, Conservation Commission and r Other t� SECTION B. BASE FLOOD ELEVATION AND FLOODWAY DATA 1. Floodway Data. In Zones A, Al-30, and AE, along watercourses that have not had a regulatory floodway designated, the best available Federal, State, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge. 2. Base Flood Elevation Data. Base flood elevation data is required for subdivision proposals or other developments greater than 50 lots or 5 acres, whichever is the lesser, within unnumbered A zones. 2 ARTICLE III. NOTIFICATION OF WATERCOURSE ALTERATION (b, c, d, a communities) In a riverine situation, (appropriate official in community) shall notify the following of any alteration or relocation of a watercourse: • Adjacent Communities • Bordering States (optional) • NFIP State Coordinator Massachusetts Department of Conservation and Recreation 251 Causeway Street, Suite 600-700 Boston, MA 02114-2104 • NFIP Program Specialist Federal Emergency Management Agency, Region I 99 High Street, 6th Floor Boston, MA 02110 ARTICLE IV. USE REGULATIONS SECTION A. REFERENCE TO EXISTING REGULATIONS (b, c, d, a communities) The floodplain district bylaw is part of a federal requirement for communities that choose to participate in the NFIP. However, the state already administers regulations that take care of many floodplain management concerns. Referencing existing regulations is important to ensure that projects have been reviewed under the appropriate state regulations and that variances to the conditions of the bylaw do not erroneously allow variances to state requirements. The Floodplain District is established as an overlay district to all other districts. All development in the district, including structural and non-structural activities, whether permitted by right or by special permit must be in compliance with Chapter 131, Section 40 of the Massachusetts General Laws and with the following: — Section of the Massachusetts State Building Code which addresses floodplain and coastal high hazard areas (currently 780 CMR 120.G, "Flood Resistant Construction and Construction in Coastal Dunes"); — Wetlands Protection Regulations, Department of Environmental Protection (DEP) (currently 310 CMR 10.00); — Inland Wetlands Restriction, DEP (currently 310 CMR 13.00); 3 — Coastal Wetlands Restriction, DEP (currently 310 CMR 12.00); (e communities only) — Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR 15, Title 5); Any variances from the provisions and requirements of the above referenced state regulations may only be granted in accordance with the required variance procedures of these state regulations. SECTION B. OTHER USE REGULATIONS 1) Within Zones AH and AO on the FIRM, adequate drainage paths must be provided around structures on slopes, to guide floodwaters around and away from proposed structures. (e, d, a communities, if AH or AO appear) 2) In Zones Al-30 and AE, along watercourses that have a regulatory floodway designated on the (Community or County Name) FIRM or Flood Boundary & Floodway Map (choose map which delineates floodways for your community) encroachments are prohibited in the regulatory floodway which would result in any increase in flood levels within the community during the occurrence of the base flood discharge. (d, a communities) j 3) Man-made alteration of sand dunes within Zones VI-30, VE, and V which would increase potential flood damage are prohibited. (e communities only) 4) All new construction within Zones VI-30, VE, and V must be located landward of the reach of mean high tide. (e communities only) 5) All subdivision proposals must be designed to assure that: a) such proposals minimize flood damage; b) all public utilities and facilities are located and constructed to minimize or eliminate flood damage; and c) adequate drainage is provided to reduce exposure to flood hazards. (b, c, d, a communities) 6) Existing contour intervals of site and elevations of existing structures must be included on plan proposal. (optional for b, c, d, a communities) 7) There shall be established a "routing procedure" which will circulate or transmit one copy of the development plan to the Conservation Commission, Planning Board, Board of Health, Town Engineer, Building Commissioner and (other) for comments which will be considered by the appropriate permitting board prior to issuing applicable permits. (optional for b, c, d, a communities) 4 ARTICLE V. PERMITTED USES (b, c, d, a communities) The section below on permitted uses is taken from recommendations within the Massachusetts Wetlands Protection Act Regulations. The intent of encouraging such uses is to protect natural resources. These uses would be included as additional information for residents about what uses other than structural activity are allowed in floodplain areas. The following uses of low flood damage potential and causing no obstructions to flood flows are encouraged provided they are permitted in the underlying district and they do not require structures, fill, or storage of materials or equipment: 1) Agricultural uses such as farming, grazing, truck farming, horticulture, etc. 2) Forestry and nursery uses. 3) Outdoor recreational uses, including fishing, boating, play areas, etc. 4) Conservation of water, plants, wildlife. 5) Wildlife management areas, foot, bicycle, and/or horse paths. 6) Temporary non-residential structures used in connection with fishing, growing, harvesting, storage, or sale of crops raised on the premises. 7) Buildings lawfully existing prior to the adoption of these provisions. ARTICLE VI. DEFINITIONS It is helpful to include certain definitions to aid in understanding and enforcing the floodplain district bylaw. Inclusion of the following definitions should be tailored to a community's needs. For example, there is no need to include a definition of a Zone A99 if the community has no such zone on its map. The definitions in the model are taken from the NFIP regulations and the Massachusetts State Building Code. AREA OF SPECIAL FLOOD HAZARD is the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. The area may be designated as Zone A, AO, AH, Al-30, AE, A99, V1-30, VE, or V. BASE FLOOD means the flood having a one percent chance of being equaled or exceeded in any given year. COASTAL HIGH HAZARD AREA means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. The area is designated on a FIRM as Zone V, V1-30, VE. DEVELOPMENT means any manmade change to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. 5 f DISTRICT means floodplain district. FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) administers the National Flood Insurance Program. FEMA provides a nationwide flood hazard area mapping study program for communities as well as regulatory standards for development in the flood hazard areas. FLOOD BOUNDARY AND FLOODWAY MAP means an official map of a community issued by FEMA that depicts, based on detailed analyses, the boundaries of the 100-year and 500 year floods and the 100-year floodway. (For maps done in 1987 and later, the floodway designation is included on the FIRM.) FLOOD HAZARD BOUNDARY MAP (FHBM) means an official map of a community issued by FEMA where the boundaries of the flood and related erosion areas having special hazards have been designated as Zone A or E. FLOOD INSURANCE RATE MAP (FIRM) means an official map of a community on which FEMA has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. FLOOD INSURANCE STUDY means an examination, evaluation, and determination of flood hazards, and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of flood-related erosion hazards. FLOODWAY means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation. LOWEST FLOOR means the lowest floor of the lowest enclosed area(including basement or cellar). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor, PROVIDED that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of NF1P Regulations 60.3. MANUFACTURED HOME means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes, the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles. MANUFACTURED HOME PARK OR SUBDIVISION means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. 6 NEW CONSTRUCTION means, for floodplain management purposes, structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community. For the purpose of determining insurance rates, NEW CONSTRUCTION means structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later. ONE-HUNDRED-YEAR FLOOD - see BASE FLOOD. REGULATORY FLOODWAY - see FLOODWAY SPECIAL FLOOD HAZARD AREA means an area having special flood and/or flood-related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, Al-30, AE, A99, AH, V, V1-30, VE. STRUCTURE means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. STRUCTURE, for insurance coverage purposes, means a walled and roofed building, other than a gas or liquid storage tank, that is principally above ground and affixed to a permanent site, as well as a manufactured home on foundation. For the latter purpose, the term includes a building while in the course of construction, alteration, or repair, but does not include building materials or supplies intended for use in such construction, alteration, or repair, unless such materials or supplies are within an enclosed building on the premises. SUBSTANTIAL DAMAGE means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. SUBSTANTIAL IMPROVEMENT means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either (a) before the improvement or repair is started, or(b) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. ZONE A means the 100-year floodplain area where the base flood elevation (BFE) has not been determined. To determine the BFE, use the best available federal, state, local, or other data. ZONE Al-30 and ZONE AE (for new and revised maps) means the 100-year floodplain where the base flood elevation has been determined. ZONE AH and ZONE AO means the 100-year floodplain with flood depths of 1 to 3 feet, where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. 7 ZONE A99 means areas to be protected from the 100-year flood by federal flood protection system under construction. Base flood elevations have not been determined. ZONES B, C, AND X are areas identified in the community Flood Insurance Study as areas of moderate or minimal flood hazard. Zone X replaces Zones B and C on new and revised maps. ZONE V means a special flood hazard area along a coast subject to inundation by the 100-year, flood with the additional hazards associated with storm waves. Base flood elevations have not been determined. ZONE V1-30 and ZONE VE (for new and revised maps) means a special flood hazard area along a coast subject to inundation by the 100-year flood with additional hazards due to velocity (wave action). Base flood elevations have been determined. 8 SAMPLE HEALTH AMENDMENT The following regulation is suggested for adoption by the local Board of Health or Water and Sewer Commissions or Department of Public Works, as appropriate, in order to meet the minimum requirements of the National Flood Insurance Program. HEALTH REGULATION PERTAINING TO THE FLOODPLAIN DISTRICT The Board of Health, in reviewing all proposed water and sewer facilities to be located in the Floodplain District established under the Zoning Bylaw, shall require that: 1. new and replacement water supply systems be designed to minimize or eliminate infiltration of flood.waters into the systems, and 2. new and replacement sanitary sewage systems be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters and onsite waste disposal systems to be located to avoid impairment to them or contamination from them during flooding. 1 OSVART Federal Emergency Management Agency Washington, D.C. 20472 ND SEr'J PECE ED CERTIFIED MAIL IN REPLY REFER TO: JAN 0 0 2w RETURN RECEIPT REQUESTED 19P-N DEPT.OF PLANNIf.:ti& January 3, 2012 COAMAMTY DEVELOPMENT The Honorable Kimberley Driscoll Community: City of Salem, Mayor, City of Salem Essex County,Massachusetts City Hall Community No.: 250102 93 Washington Street Map Panels Affected: See FIRM Index Salem, Massachusetts 01970 Dear Mayor Driscoll: This is to formally notify you of the final flood hazard determination for your community in compliance with Title 44, Chapter I,Part 67,Code of Federal Regulations. On August 5, 1985,the Department of Homeland Security's Federal Emergency Management Agency(FEMA) issued a Flood Insurance Rate Map(FIRM)that identified the Special Flood Hazard Areas(SFHAs),the areas subject to inundation by the base(1-percent-annual-chance)flood, in the City of Salem,Essex County, Massachusetts (All Jurisdictions). Recently, FEMA completed a re-evaluation of flood hazards in your community. On May 28,2009, FEMA provided you with Preliminary copies of the Flood Insurance Study(FIS)report and FIRM that identify existing flood hazards in your community. FEMA has addressed all comments received on the Preliminary copies of the FIS report and FIRM. Accordingly,the FIS report and FIRM for your community will become effective on July 3, 2012. Before the effective date, FEMA will send you final printed copies of the FIS report and FIRM. Because the FIS for your community has been completed, certain additional requirements must be met under Section 1361 of the National Flood Insurance Act of 1968, as amended, within 6 months from the date of this letter. Prior to July 3, 2012, your community is required, as a condition of continued eligibility in the National Flood Insurance Program(NFIP), to adopt or show evidence of adoption of floodplain management regulations that meet the standards of Paragraph 60.3(e)of the NFIP regulations (44 CFR 59, etc.). These standards are the minimum requirements and do not supersede any State or local requirements of a more stringent nature. It must be emphasized that all the standards specified in Paragraph 60.3(e) of the NFIP regulations must be enacted in a legally enforceable document. This includes adoption of the current effective FIS report and FIRM to which the regulations apply and the other modifications made by this map revision. Some of the standards should already have been enacted by your community in order to establish eligibility in the NFIP. Any additional requirements can be met by taking one of the following actions: 1. Amending existing regulations to incorporate any additional requirements of Paragraph 60.3(e); 2. Adopting all the standards of Paragraph 60.3(e) into one new, comprehensive set of regulations; or 3. Showing evidence that regulations have previously been adopted that meet or exceed the minimum requirements of Paragraph 60.3(e). 2 Communities that fail to enact the necessary floodplain management regulations will be suspended from participation in the NFIP and subject to the prohibitions contained in Section 202(a)of the Flood Disaster Protection Act of 1973 as amended. In addition to your community using the FIS report and FIRM to manage development in the floodplain, FEMA will use the FIS report to establish appropriate flood insurance rates. On the effective date of the revised FIRM, actuarial rates for flood insurance will be charged for all new structures and substantial improvements to existing structures located in the identified SFHAs. These rates may be higher if structures are not built in compliance with the floodplain management standards of the NFIR The actuarial flood insurance rates increase as the lowest elevations(including basement) of new structures decrease in relation to the Base Flood Elevations established for your community. This is an important consideration for new construction because building at a higher elevation can greatly reduce the cost of flood insurance. To assist your community in maintaining the FIRM,we have enclosed a Summary of Map Actions to document previous Letter of Map Change(LOMC)actions(i.e., Letters of Map Amendment, Letters of Map Revision)that will be superseded when the revised FIRM panels referenced above become effective. Information on LOMCs is presented in the following four categories: (1)LOMCs for which results have been included on the revised FIRM panels; (2)LOMCs for which results could not be shown on the revised FIRM panels because of scale limitations or because the LOMC issued had determined that the lots or structures involved were outside the SFHA as shown on the FIRM; (3)LOMCs for which results have not been included on the revised FIRM panels because the flood hazard information on which the original determinations were based is being superseded by new flood hazard information; and(4)LOMCs issued for multiple lots or structures where the determination for one or more of the lots or structures cannot be revalidated through an administrative process like the LOMCs in Category 2 above. LOMCs in Category 2 will be revalidated through a single letter that reaffirms the validity of a previously issued LOMC;the letter will be sent to your community shortly before the effective date of the revised FIRM and will become effective 1 day after the revised FIRM becomes effective. For the LOMCs listed in Category 4, we will review the data previously submitted for the LOMA or LOMR request and issue a new determination for the affected properties after the revised FIRM becomes effective. The FIRM and FIS report for your community have been prepared in our countywide format, which means that flood hazard information for all jurisdictions has been combined into one FIRM and FIS report. When the-FIRM and FIS report are printed and distributed, your community will receive only those panels that present flood hazard information for your community. We will provide complete sets of the FIRM panels to county officials,where they will be available for review by your community. The FIRM panels have been computer-generated. Once the FIRM and FIS report 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. These files can be used in conjunction with other thematic data for floodplain management purposes, insurance purchase and rating requirements, and many other planning applications. Copies of the digital files or paper copies of the FIRM panels may be obtained by calling our FEMA Map Information eXchange (FMIX), toll free, at 1-877-FEMA MAP (1-877-336-2627). In addition, your community may be eligible for additional credits under our Community Rating System if you implement your activities using digital mapping files. If your community is encountering difficulties in enacting the necessary floodplain management measures,we urge you to call the Acting Director,Federal Insurance and Mitigation Division of FEMA, Region I, in Boston,Massachusetts, at(617)956-7571 for assistance. If you have any questions concerning mapping issues in general or the enclosed Summary of Map Actions, please call our FEMA Map Information eXchange(FMIX), toll free, at 1-877-FEMA MAP(1-877-336-2627). Additional r 3 information and resources your community may find helpful regarding the NFIP and floodplain management, such as The National Flood Insurance Program Code of Federal Regulations,Answers to Questions About the National Flood Insurance Program,Frequently Asked Questions Regarding the Effects that Revised Flood Hazards have on Existing Structure, Use of Flood Insurance Study(FIS)Data as Available Data, and National Flood Insurance Program Elevation Certificate and Instructions, can be found on our website at http://www.floodmaps.fema.gov/lfd. Paper copies of these documents may also be obtained by calling our(FMIX). Sincerely, ff� Luis Rodriguez, P.E., Chief Engineering Management Branch Federal Insurance and Mitigation Administration Enclosure: Final Summary of Map Actions cc: Community Map Repository Frank Taormina, Staff Planner/Harbor Coordinator, City of Salem SOMA-2 FINAL SUMMARY OF MAP ACTIONS Community: SALEM, CITY OF Community No: 250102 To assist your community in maintaining the Flood Insurance Rate Map (FIRM), we have summarized below the previously issued Letter of Map Change (LOMC) actions (i.e., Letters of Map Revision (LOMRs) and Letters of Map Amendment (LOMAS))that will be affected when the revised FIRM becomes effective on July 3, 2012. 1. LOMCs Incorporated The modifications effected by the LOMCs listed below will be reflected on the revised FIRM. In addition, these LOMCs will remain in effect until the revised FIRM becomes effective. LOMC Case No. Issued eu Project Identifier panel PtL1 NO CASES RECORDED 2. LOMCs Not Incorporated The modifications effected by the LOMCs listed below will not be reflected on the revised FIRM panels because of scale limitations or because the LOMC issued had determined that the lot(s) or structure(s) involved were outside the Special Flood Hazard Area, as shown on the FIRM. These LOMCs will remain in effect until the revised FIRM becomes effective. These LOMCs will be revalidated free of charge 1 day after the revised FIRM becomes effective through a single revalidation letter that reaffirms the validity of the previous LOMCs. New------T LOMC Case No. I D ted Project Identifier panel Panel CHEVALAVENUE LOMA 01-01-0914A 06/13/2001 1 2501020002B 25009CO438F brf/�U'��I�LDINGS GENT008 ARBEI- PICKERING LOMA I 08-01-0249A I 04/22/2008 rTREETcoIJDOMINIUM-74876WHARF 12501020001B I25009CO419F I ILOMA I 09-01-1305A I 08/18/2009 MAP 44,LOT 125--104 BAYVIEW AVENUE 125010200026 125009CO436F I 9 WILLOW AVENUE,SALEM,MA LOMA I 10-01-1206A I 05/18/2010 11 12501020005B 125009CO419F I EFFERSON AT SALEM STATION,BUILDINGS LOMA 11-01-2161A I 06/09/2011 r UILDING-S 90 BRIDGE STR ET LOMA 06/09/2011 90 BR STREET 25010200018�25009C0419F� 3. LOMCs Superseded The modifications effected by the LOMCs listed below have not been reflected on the Final revised FIRM panels because they are being superseded by new detailed flood hazard information or the information available was not sufficient to make a determination. The reason each is being superseded is noted below. These LOMCs will no longer be in effect when the revised FIRM becomes effective. 10/30/2011 Page 1 oft SOMA-2 FINAL SUMMARY OF MAP ACTIONS Community: SALEM, CITY OF Community No: 250102 FLC MC Case No. Date project Identifier Reason Determination Issued Will be Superseded LOMA 195100179D&D 06/16/1992 1 LOMA 1199300095R01 I 03/05/1993 I I 1 I UNITS 1-5,fi WHITE STREET LOMA I 01-01-0342A I 01/31/2001 5 1. Insufficient information available to make a determination. - 2. Lowest Adjacent Grade and Lowest Finished Floor are below the proposed Base Flood Elevation. 3. Lowest Ground Elevation is below the proposed Base Flood Elevation. 4. Revised hydrologic and hydraulic analyses. 5. Revised topographic information. 4. LOMCs To Be Redetermined The LOMCs in Category 2 above will be revalidated through a single revalidation letter that reaffirms the validity of the determination in the previously issued LOMC. For LOMCs issued for multiple lots or structures where the determination for one or more of the lots or structures has changed, the LOMC cannot be revalidated through this administrative process. Therefore, we will review the data previously submitted for the LOMC requests listed below and issue a new determination for the affected properties after the effective date of the revised FIRM. LOMC Case No. Date project Identifier Old New Issued Panel Panel NO CASES RECORDED 10/30/2011 Page 2 of 2 :1 THE COMMONWEALTH OF MASSACHUSETTS , MASSACHUSETTS EMERGENCYMANAGEMENTAGENc � I 400 WORCESTER RD.,FRAm(NGHAM,MA 01702-5399 508-820-2000 FAX 508-820-1404 Massachusetts DEPARTMENT OF CONSERVATION&RECREATION 251 CAUSEWAY STREET,SvrrE 600-700,BOSTON,MA 02114-2104 617-626-1250 Fax 617-626-1449 `i+%1 Kurt N Schwartz Deval L. Patrick �,-^ "t dward M. Lambert, Jr. DIRECTOR GOVERNOR I E .:3 COMMISSIONER December, 2012 DEc 2 1 zo72 To Potential Hazard Mitigation Grant Applicants: DEPT.OF PLANNAG& :OMMUNIlYl D^1ELOPMar- The Massachusetts Emergency Management Agency (MEMA) and Department of Conservation and Recreation (DCR) are announcingan opening of the application period for the Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program (HMGP). This post-disaster mitigation grant funding is available as a result of the federal disaster declaration for the October 29-30, 2011 Snow Storm event. This HMGP funding is available to all communities in the.Commonwealth that meet the sub-applicant and project eligibility requirements. Why should this information be important to you? The federally-funded hazard mitigation grant program provides' significant opportunities to reduce, minimize or eliminate potential damages to public and private non-profit infrastructure from natural hazard events. Funding for hazard mitigation plans and projects can reduce overall risks to the population and structures, while also reducing the reliance on taxpayer-funded federal disaster assistance for disaster recovery. • Who's eligible to apply? State & local governments,tribal organizations and certain private non-profits. • What type of work is eligible? Drainage and culvert improvements, property acquisition, slope stabilization, infrastructure protection, seismic and wind retrofits,structure elevations, etc. • What is the grant cost share? Funding reimbursement is typically 75%federal share, 25% non-federal match of eligible project costs (in most cases); 'in-kind' services are allowable as part of the non-federal match. • To be eligible for FEMA HMGP hazard mitigation project grants, applicants must have a locally-adopted and FEMA-approved Local Natural Multi-Hazard Mitigation Plan (in accordance with 44 Code of Federal Regulations Part 201) at the time of official FEMA grant award. • Formal grant briefings&technical assistance opportunities Are available prior to application deadline. • The State-established deadline for complete, full HMGP grant applications is: Friday March 15. 2013 by 3:00 PM FEMA's hazard mitigation grant programs are not intended as a source of funding for repair, replacement or deferred maintenance activities, but are designed to assist sub-applicants to develop long-term, cost-effective improvements that will reduce or eliminate risk/damage to people and property from the effects of natural hazards. Projects that address operation, deferred or future maintenance, repairs or replacement (without a change in the level of protection provided) of existing structures, facilities, or infrastructure (e.g., dredging, debris removal, replacement of obsolete utility systems, bridges and facility repair/rehabilitation) are.not eligible mitigation grant activities. The Massachusetts Emergency Management.Agency (MEMA) and Department of Conservation and Recreation (DCR) co- administer these grant programs on behalf of FEMA in the Commonwealth and encourage you to consider applying for grant funding to mitigate natural hazards that may impact your jurisdiction. For your information, this grant notice has been sent to the local chief elected and/or administrative official, conservation commission, building official, planning official, public works director and emergency manager in your community. Communities are encouraged to coordinate local project applications with other local officials. i To assist potential sub-applicants considering applying for FEMA HMGP mitigation funding, MEMA/DCR will be hosting a series of future grant program briefing(s) and technical assistance meetings. The grant program briefings will provide an overview of the HMGP program, available funding and relevant application process/deadlines. Interested sub-applicants are strongly encouraged to attend one of these briefings as details regarding the grant program will be described and discussed in detail. Technical assistance meetings will be a chance for you to meet one on one with representatives from MEMA/DCR to discuss any questions you may have about your community's application. Details regarding the grant program briefings and technical assistance meetings are located below and will also be published on the 'Disaster Recovery& Mitigation' section of the MEMA website (www.mass.gov/mema) in the near future. Interested applicants are encouraged to coordinate with MEMA/DCR early in the application development process to ensure that proposed mitigation projects are FEMA-eligible activities. Communities can submit multiple grant applications but each project must demonstrate cost-effective hazard mitigation benefits independent of other applications(no phased projects). MEMA is the conduit for all applications and FEMA funding, and is required to review and rank all the individual local sub-applications that are ultimately submitted to FEMA for funding consideration. To allow sufficient time for this review and evaluation process the State has established a deadline for complete, full grant applications for Friday March 15. 2013 by 3:00 PM. Some grant program requirements to be aware of (please attend the grant briefing and refer to the HMA Program Guidance for more specific sub-applicant and project eligibility requirements): - Multi-Hazard Mitigation Plan Requirement: To be eligible for HMGP project grants, applicants must have a locally adopted and FEMA-approved Local Natural Multi-Hazard Mitigation Plan (in accordance with 44 Code of Federal Regulations Part 201)at the time of FEMA grant award; - Non-Federal Cost Share Requirement: Sub-applicants must commit to the non-federal share of the proposed application cost; for HMGP this is 25%(or more) of the total estimated project cost. - All proposedrp oiect applications must include a formal Benefit-Cost Analysis (using FEMA-approved methodology/software) to document the project's cost-effectiveness. Planning and HMGP 'S% Initiative' applications do not have a BCA requirement. - Community participation in the National Flood Insurance Program (NFIP), may also be a requirement for sub- . applicant and project eligibility(see Part III, Section D.7 of the FEMA Guidance for additional details). Alex Gill, Dan Nietsche, Hazard Mitigation Grants Coordinator Hazard Mitigation Grants Coordinator MA Emergency Management Agency MA Emergency Management Agency 400 Worcester Road 400 Worcester Road Framingham, MA 01702 Framingham, MA 01702 (508) 820-1406 (508) 820-2016 Alex.Gill@state.ma.us Dan.Nietsche@state.ma.us Scott MacLeod, Richard Zingarelli, Mitigation & Disaster Recovery Division Manager State Hazard Mitigation Officer, NFIP Coordinator MA Emergency Management Agency Department of Conservation and Recreation 400 Worcester Road 251 Causeway Street Framingham, MA 01702 Boston, MA 02114 (508) 820-1445 (617) 626-1406 Scott.MacLeod@state.ma.us Richard.Zingarelli@state.ma.us Hazard Mitigation Grant Program (HMGP) Briefing Schedule Please do not contact these facilities directly with questions about the briefings. Grant Program Briefing&Overview Grant Program Briefing&Overview Wednesday January 9,2013(9:30 am "11:30 am) Friday January 11,2013(9:30 am -11:30 am) UMASS Amherst Campus Police Station Northern Middlesex Council of Governments Conference Room Conference Room 585 East Pleasant Street 40 Church Street Suite 20.0 Amherst MA 01002 Lowell, MA 01852 Grant Program Briefing&Overview Grant Program Briefing&Overview Tuesday January 15,2013(9:30am -11:30am) Wednesday January 16, 2013(9:30am -11:30am) The Harwich Community Center Massachusetts Emergency Management Agency 100 Oak Street Training Room Harwich, MA 02645 400 Worcester Road Framingham, MA 01702 Please RSVP your attendance to: Kathryn Fatherley, MEMA Hazard Mitigation Contract Specialist (508)820-1425, or via email at: Kathryn.Fatherley@state.ma.us Please do not contact these facilities directly with questions about the briefings. RSVP's are required so that we can notify participants in the event that the briefing logistics (date/time/location) must be changed or postponed due to weather or other events. Note: Please monitor the Disaster Recovery & Mitigation section of the MEMA website (www.mass.gov/memo) for additional training opportunities and updated and/or revised mitigation grant related information. Technical Assistance Meetings for Hazard Mitigation Grant Program (HMGP) These technical assistance meetings are targeted to those who have previously attended a formal mitigation grant program briefing. The technical assistance meetings are available to sub-applicants considering submission of a FEMA Hazard Mitigation Grant Program application. These individual 1-hour meetings are an opportunity to meet with members of the State Hazard Mitigation Team (MEMA& DCR staff)to: ✓ Discuss proposed project applications (including eligibility of proposed activities); ✓ Answer specific questions regarding grant application procedures and/or requirements; ✓ Discuss which FEMA mitigation grant program(s) may be most appropriate based on the type of activity/project proposed; ✓ Benefit-Cost Analysis (BCA),environmental/historic or other technical issues associated with project proposals; and, ✓ Other questions or issues sub-applicants may have regarding FEMA-funded mitigation grant programs. These technical assistance meetings do not prohibit or prevent interested sub-applicants from contacting members of the State Hazard Mitigation Team to discuss questions or issues related to their proposed project activity. One (1) hour blocks of time (1:00-2:00pm, 2:00-3:00pm, 3:00-4:00pm) for each of the dates below will be available for prospective sub-applicants. Technical Assistance Meeting(s) Technical Assistance Meeting(s) Wednesday January 9,1013(1:00 pm—3:00 pm) Friday January 11,2013(1:00 pm—3:00 pm) UMASS Amherst Campus Police Station Northern Middlesex Council of Governments Conference Room Conference Room 585 East Pleasant Street 40 Church Street,Suite 200 Lowell,MA 01852 Technical Assistance Meeting(s) Technical Assistance Meeting(s) Tuesday January 15,2013(1:00 pm—3:00 pm) Wednesday January 16,2013(1:00 pm—3:00 pm) The Harwich Community Center Massachusetts Emergency Management Agency 100 Oak Street Training Room Harwich,MA 02645 400 Worcester Road Technical Assistance Meeting(s) Technical Assistance Meeting(s) Friday January 18,2013(1:00 pm—3:00 pm) Wednesday January 23,2013(1:00 pm—3:00 pm) MEMA Region Il, Bridgewater MEMA Region 110V Emergency Operations Room Training Room 12-1 Rear Administrative Road 1002 Suffield Street . Bridgewater, MA 02324 Agawam, MA 01001 Technical Assistance Meeting(s) Technical Assistance Meeting(s) Friday January 25,2013(1:00 pm—3:00 pm) Monday January 28,2013(1:00 pm—3:00 pm) MEMA Region I Department of Conservation and Recreation Emergency Operations Center Flood HazordManogement Program 365 East Street 8th Floor Water Supply Protection Conference Room Tewksbury,MA 01876 251 Causeway Street, 8`h Floor Boston, MA 02114 Please direct your requested date/time/location to: Kathryn Fatherley,MEMA Hazard Mitigation Contract Specialist (508)820-1425,or via email at: Kathryn.Fatherley@state.ma.us Interested sub-applicants are required to pre-register so that we can contact you in the event that the meeting logistics (date/time/location)must be changed. We will do our best to accommodate as many sub-applicants as possible but the 1-hour meetings will be booked on a first come—first serve basis. U.S.Department of Homeland Security Region 1 99 High Street,6th Floor Boston, Massachusetts,02110-2320 DEQN/R1pti FEMA, ANO SE y�pq �''�yr.,..-"Y" I"an q'°� June 29, 2011 R E 0.�ew. .ei ;y E�ti The Honorable Kimberley Driscoll JUL 06 2011 Mayor, City of Salem Salem City Hall DEFT. OF PIJ.`NNINC 93 Washington Street COMAA{1N!11'U_YSiIL:FiiF1e; Salem, Massachusetts 01970 Reference: Updated Coastal Digital Flood Insurance Rate Maps (DFIRMs) and Flood Insurance Study (FIS)Report for the City of Salem, Essex County, Massachusetts Dear Mayor Driscoll: Your community, as well as other communities in Essex County, is currently in the process of receiving updated Digital Flood Insurance Rate Maps (DFIRMs)and Flood Insurance Study(FIS)report through the Federal Emergency Management Agency's (FEMA's)Map Modernization Program. As part of the program,your community was sent Preliminary DFIRMs and the FIS report on May 28, 2011. Engineering analysis was conducted for coastal areas of Newburyport and Salisbury as part of the Map Modernization effort.Now, through a second wave of flood map improvements under the new Risk Mapping,Assessment, and Planning Program(Risk MAP Program),FEMA will be updating the engineering analysis along the remainder of the Essex County coastline. This Risk MAP restudy will result in updated technical data being incorporated into the Essex County coastal DFIRMs over the next two years. STARR is currently serving FEMA as a Production and Technical Services contractor under the Risk MAP Program. In support of the National Flood Insurance Program(NFIP), STARR is initiating the coastal flood hazard analysis in Essex County. The current tasks will include: field survey and reconnaissance activities, review of the coastal hydrology, and updates to the hydraulic analysis for the shoreline of the City of Salem. This data will then be utilized to produce updated DFIRM panels and FIS report and for the City of Salem. The field survey and reconnaissance activities will include a visual inspection of the shoreline to identify changes in physical conditions from the previous FIS,determine the condition of shore protection structures and natural barriers,and evaluate potential locations for transects used in our hydraulic analysis. The reconnaissance study will be completed on foot for coastal beaches and by boat for inner- harbor areas and inaccessible coastal areas. Two-person teams of STARR staff will be using hand-held Global Positioning Systems (GPS) and digital cameras to document our findings. STARR plans to initiate field activities in July 201 t. It is anticipated that the field activities will be ongoing through July. If you should have questions regarding this activity, please contact STARR's Project Manager for this coastal study,Tom Tufts, at Tom.Tufts@starr-team.com or by telephone at(919) 325-4776. STARR field staff will carry photo identification and a FEMA letter detailing the purpose of their activities. The STARR field teams will contact the community police agency prior to starting field activities. FEMA coordinated regional Discovery Meetings with you and other officials from your community, as well as those from other select coastal communities in Essex County, to discuss this field task and the project in great detail. Discovery Meetings were held on April 5, 2011 at the Ipswich and Saugus Town Halls. N J 2 We look forward to working with the community officials from the City of Salem to ensure that the goals of this Risk MAP project are met. We believe that this project is an important step to allow the City of Salem to continue to administer effective floodplain management programs and communicate the most accurate risk information. If you have any questions, please do not hesitate to contact Kerry Bogdan of my staff. Kerry can be reached by email at kerry.bogdan@dhs.gov or by telephone at(617) 956-7576. You may also contact Richard Zingarelli, NFIP State Coordinator at the Massachusetts Department of Conservation and Recreation,Flood Hazard Management by email at richard.zingareIli@state.ma.us or by telephone at(617)626-1406. Sincerely, &Goe Michael J Chief,Risk Analysis Branch FEMA Region I cc: David Knowlton, P.E., City Engineer, City of Salem David W. Cody, Fire Chief/Emegency Management, City of Salem Peter Gifford, Harbormaster, City of Salem Larry Ramdin,RS/REHS, CHO, CP-FS,Health Agent, City of Salem 4Lynn Goonin Duncan, AICP, Director,Department of Planning&Community Development,City of Salem• Richard Rennard, Director, Department of Public Works, City of Salem Richard Zingarelli, NFIP State Coordinator,Massachusetts Department of Conservation and Recreation Kerry Bogdan, Senior Engineer,FEMA Region I Buvana Ramaswamy, STARR Region I dcr RECEFJED Massacbusetts Nov 2 2 2010 DEPT.OF PLANNING& COMMUNITY DEVELOPMENT November 9, 2010 Mayor Kimberly Driscoll City Hall 93 Washington Street Salem, MA 01970 Re: National Flood Insurance Program Community Assistance Visit August 10, 2010 Dear Mayor Driscoll: On the above referenced date Eric Carlson of this office's Flood Hazard Management Program met with Building Commissioner Thomas St. Pierre and Frank Taormina from Planning and Community Development to discuss Salem's floodplain management procedures as part of its participation in the National Flood Insurance Program (NFIP). The intent of the meeting was also to provide assistance, if necessary, in strengthening review and enforcement of NFIP standards. Under the State Building Code, the core of responsibility for NFIP compliance rests with the local Building Department. Other departments such as Planning and Conservation play a key role in the review of projects in the 100-year floodplain. Officials provided a thorough explanation of review procedures in Salem that was helpful in our overall evaluation of the city's administration of the NFIP. Based on discussion during the meeting and a driving tour of the floodplain beforehand, there appears to have been little recent development in the 100-year floodplain as delineated on Salem's Flood Insurance Rate Map (FIRM). Potential for future development does exist. It is important that proposed projects are reviewed to determine if they fall within the 100-year floodplain. Buildings newly constructed or substantially improved in the floodplain are subject to specific structural requirements detailed in the NFIP regulations, Section 60.3, and the State Building Code. "Substantial Improvements" are defined in the Building Code as "...any reconstruction, rehabilitation, addition, repair or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the 'start of construction' of the improvement..." Based on discussion during the meeting, review procedures in Salem seem thorough. \ COMMONWEALTH OF MASSACHUSETIS EXECUTIVE OFFICE OF ENERGY & ENVIRONMENTAL AFFAIRS '7 Department.of Conservation and Recreation Deval I. Patrick Ian A. 3avles,,Secretary, Executive 251 Causeway Street, Suite 600 ,. �. Governor Office of Energy&Environmental Affairs Basten MP.02114-2119 {�,,�:, 617-626-1250 617-626-1351 Fax a�`�;4r' Timothy P. Murray Richard K. Sullivan, Jr., Commissioner wwev.mass.govldcr Lt. Governor Department of Conservation&Recreation Mayor Kimberly Driscoll November 9, 2010 Page 2 As a requirement of participation in the NFIP, communities are to adopt locally enforceable ordinances for activity in the 100-year floodplain. This section of the ordinance was reviewed by FHMP staff. Because Essex County will be receiving a new Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) next spring (date to be determined) it will be necessary to update the Floodplain District section of the ordinance, prior to the effective date of the FIRM and FIS. A letter will be sent to the city from FEMA with further details about this. In order to be fully compliant with state and federal requirements we recommend the following changes be made to the ordinance. (Reference enclosed model bylaw.) 1. Amend Section 8.1.2, 2 to include the new dates for the Flood Insurance Rate Map and Flood Insurance Study (date to be determined). (Reference the Model Bylaw, Article II, A, Floodplain District Boundaries and Base Flood Elevation Data for suggested language), 2. Delete Section 8.1.2, 2, a. This is incorrect information. Coastal base flood elevations in both A zones and V zones are higher than elevation 10 in many areas. 3. Delete 8.1.5, 6, a and b, as these are requirements of the State Building Code and should not be included in a zoning ordinance. Delete Section 8.1.5, 7, b, as this is contrary to the State Building Code Requirement for structures in V zones. 4. Include Article II, B, Base Flood Elevation and Floodway Data. 5. Include Article III, Notification of Watercourse Alteration. 6. Include Article IV, B, Other Use Regulations, statements#2, 3, 5. We appreciate the cooperation that was provided at the meeting. If you or any city officials have any questions regarding the National Flood Insurance Program please contact Eric Carlson at (617) 626-1362. Sincerely, ," Richard R. Zin ahilprogram er Mana99 Flood Hazard Management Program U.S.Department of Homeland Security 99 High Street,6's Floor oEensr Boston,Massachusetts 02110-2320 ZF �¢ FEMA 19ND SEG February 25, 2011 REC 1,u= The Honorable Kimberley Driscoll FEB 2 8 7 011 Mayor DEPT. OF Ix!, City of Salem COMr uta;; rnEwT City Hall 93 Washington Street Salem, Massachusetts 01970 Dear Mayor Driscoll: As part of the Department of Homeland Security's Federal Emergency Management Agency Map Modernization Program,the City of Salem is receiving new Digital Flood Insurance Rate Maps (DFIRMs)and Flood Insurance Study(FIS)report as part of a countywide update for Essex County, Massachusetts(All Jurisdictions). In a previous correspondence, we had indicated that map adoption would occur during late 2010 or early 2011. In order to hold additional due process activities and accommodate each community's annual meetings to adopt the new DFIRMs and FIS report,the Letter of Final Determination(LFD)for Essex County has been delayed and maps will not go effective in the calendar year of 2011. In the mean time, please note that your current maps will remain in effect. We will provide an updated schedule for LFD issuance and the map adoption process shortly. If you should have any questions or concerns in the interim, please feel free to contact David Mendelsohn of my staff at(617) 832-4713 or email at david.mendelsohn@dhs.gov. Sincerely, Michael J. Goe z, Risk Analysis Branch FEMA Region I i cc: /Frank Taormina, Staff Planner/Harbor Coordinator/Floodplain Administrator, City of Salem Tom Devine, Conservation Administrator/Staff Planner, City of Salem David Knowlton, P.E., City Engineer, City of Salem 011e Duijvesteijn, GIS Administrator, City of Salem Lynn Goonin Duncan, AICP, Director of Planning and Community Development, City of Salem Danielle McKnight, Staff Planner, City of Salem Richard Rennard,Director of Public Works, City of Salem David W. Cody, Emergency Management Director/Fire Chief, City of Salem Charles Puleo, Chairperson, Planning Board, City of Salem Robin Stein, Chairperson,Zoning Appeals Board, City of Salem Thomas St. Pierre, Inspectional Services Director, City of Salem Richard Zingarelli, NFIP State Coordinator Kurt Schwartz, Acting Director, Massachusetts Emergency.Management Agency Laura Keating, Regional Service Center, STARR Region I CITY OF SALEM MASSACHUSETTS 9 DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT KIMBERLEY DRISCOLL MAYOR 120 WASHINGTON STREET ♦ SALEM,MASSACHUSETTS 01970 TELE:978-619-5685 ♦ FAX:978-740-0404 LYNN GOONIN DUNCAN,AICP DImcrOR May 30, 2012 Richard Zingarelli MA Department of Conservation and Recreation 251 Causeway Street,Suite 600-700 Boston, MA 02114-2119 RE: Floodplain Ordinance and FIRM/FIS adoption by City of Salem, MA Dear Mr. Zingarelli: On May 24, 2012, the Salem City Council passed an updated Zoning Ordinance for development in flood zones, in accordance with instructions received from FEMA and the Department of Conservation and Recreation. The Ordinance includes by reference the July 3, 2012 Flood Insurance Rate Maps and FIS reports. Enclosed please find certified copies of the ordinance and the role call vote taken. If you have any questions about the ordinance, or if we are required to do anything further, please contact me at 978-619-5685. Thank you very much for all the guidance you and Colleen Bailey provided. Sincerely, Danielle McKnight Staff Planner Enclosures r) U.S.Department of Homeland Security,. 500 C Street,SW Washington,DC 20472 t OEri�P y� T y FEMA k �qHD 52�J M AY I ll' CERTIFIED MAIL L.L.C RETURN RECEIPT REQUESTED MAY 2 3 2012 The Honorable Kimberley Driscoll DEPT. OF Pt,1t INING s Mayor, City of Salem CMMUNiTY r-VELOPMENT City Hall 93 Washington Street Salem, Massachusetts 01970 Dear Mayor Driscoll: I am writing this letter as an official reminder that the City of Salem, Massachusetts, has until July 3, 2012, to adopt and have the Department of Homeland Security's Federal Emergency Management Agency (FEMA) Regional Office approve floodplain management measures that satisfy 44 Code of Federal Regulations (CFR) Section 60.3(e) of the National Flood Insurance Program (NFIP) regulations. The City of Salem must adopt floodplain management measures, such as a floodplain management ordinance, that meet or exceed the minimum NFIP requirements (copy enclosed) by July 3, 2012, to avoid suspension from the NFIP. If suspended, your community becomes ineligible for flood insurance through the NFIP, new insurance policies cannot be sold, and existing policies cannot be renewed. Under the Flood Disaster Protection Act of 1973, as amended, flood insurance must be purchased by property owners seeking any Federal financial assistance for construction or acquisition of buildings in SFHAs. This financial assistance includes certain federally guaranteed mortgages and direct loans, federal disaster relief loans and grants, as well as other similarly described assistance from FEMA and other agencies. In addition, all loans individuals obtain from Federally regulated, supervised, or insured lending institutions that are secured by improved real estate located in SFHAs are also contingent upon the borrower obtaining flood insurance coverage on the building. However, purchasing and maintaining flood insurance coverage on a voluntary basis is frequently recommended for properties located outside SFHAs. Your NFIP State Coordinator and FEMA would like to assist the City of Salem to ensure it remains in good standing with the NFIP and avoids suspension from the Program. If your community is suspended, it may regain its eligibility in the NFIP by enacting the floodplain management measures established in 44 CFR Section 60.3 of the NFIP regulations. As stated in my previous correspondence, I recommend you contact your NFIP State Coordinator or the FEMA Regional Office if the City of Salem is encountering difficulties in enacting its measures. www.fema.gov i The Honorable Kimberley Driscoll MAY 18 2012 Page 2 I recognize that your community may be in the final adoption process or may have recently adopted the appropriate floodplain management measures. Please submit these measures to the Floodplain Management Program at the Massachusetts Department of Conservation and Recreation. Richard Zingarelli, the NFIP State Coordinator, is accessible by telephone at (617) 626-1406, in writing at 251 Causeway Street, Suite 800, Boston, Massachusetts 02114, or by electronic mail at richard.zingarelli@state.ma.us. The FEMA Regional staff in Boston, Massachusetts, is also available to assist you with your floodplain management measures. The FEMA Regional Office may be contacted by telephone at (617) 832-4712 or in writing. Please send your written inquiries to the Director, Federal Insurance and Mitigation Division, FEMA Region 1, at 99 High Street, Sixth Floor, Boston, Massachusetts 02110. In the event your community does not adopt and/or submit the necessary floodplain management measures that meet or exceed the minimum NFIP requirements, I must take the necessary steps to suspend your community from the NFIP. This letter is FEMA's final notification before your community is suspended from the Program. Sincerely, Sandra K. Knight, PhD, PE Deputy Associate Administrator for Mitigation Enclosure cc: Donald R. Boyce, Regional Administrator, FEMA Region I Richard Zingarelli, NFIP State Coordinator, Massachusetts Department of Conservation and Recreation Frank Taormina, Staff Planner and Harbor Coordinator, City of Salem U.S.Department of Homeland Security 99 High Street,6"Floor 0aEei�F Boston,Massachusetts 02110-2320 y T �� ��� FEMA �qND SES' February 25, 2011 � f't, FEB 2 8 2011 DEPT. OF Ft The Honorable Kimberley Driscoll - ' !�� CO Mayor M�Ut`JI?Y City of Salem City Hall 93 Washington Street Salem, Massachusetts 01970 Dear Mayor Driscoll: As part of the Department of Homeland Security's Federal Emergency Management Agency Map Modernization Program,the City of Salem is receiving new Digital Flood Insurance Rate Maps (DFIRMs)and Flood Insurance Study(FIS)report as part of a countywide update for Essex County, Massachusetts(All Jurisdictions). In a previous correspondence, we had indicated that map adoption would occur during late 2010 or early 2011. In order to hold additional due process activities and accommodate each community's annual meetings to adopt the new DFIRMs and FIS report,the Letter of Final Determination(LFD)for Essex County has been delayed and maps will not go effective in the calendar year of 2011. In the mean time,please note that your current maps will remain in effect. We will provide an updated schedule for LFD issuance and the map adoption process shortly. If you should have any questions or concerns in the interim, please feel free to contact David Mendelsohn of my staff at(617) 832-4713 or email at david.mendelsohn@dhs.gov. Sincerely, Michael J. Goe , Risk Analysis Branch FEMA Region I cc: Frank Taormina, Staff Planner/Harbor Coordinator/Floodplain Administrator, City of Salem Tom,Devine, Conservation Administrator/Staff Planner, City of Salem David Knowlton, P.E., City Engineer, City of Salem 011e Duijvesteijn, GIS Administrator, City of Salem Lynn Goonin Duncan,AICP, Director of Planning and Community Development, City of Salem Danielle McKnight, Staff Planner, City of Salem Richard Rennard, Director of Public Works, City of Salem David W. Cody, Emergency Management Director/Fire Chief, City of Salem ,/Charles Puleo, Chairperson, Planning Board, City of Salem Robin Stein, Chairperson,Zoning Appeals Board, City of Salem Thomas St. Pierre, Inspectional Services Director, City of Salem Richard Zingarelli,NFIP State Coordinator Kurt Schwartz, Acting Director, Massachusetts Emergency Management Agency Laura Keating, Regional Service Center, STARR Region I � "' U.S.Department of Homeland Security 99 High Street,0 Floor MAR 16 2010EQA�s� Boston,Massachusetts 02110-2320 y ° FEMA DEPT. OF PLANNING& COMMUNITY DEVELOPMENT ` F<�Np SELJp'' March 11, 2010 The Honorable Kimberley Driscoll Mayor,City of Salem City Hall 93 Washington Street Salem, Massachusetts 01970 Dear Mayor Driscoll: As part of the Department of Homeland Security's Federal Emergency Management Agency Map Modernization Program, the City of Salem is receiving new digital Flood Insurance Rate Maps (DFIRMS) and Flood Insurance Study(FIS)report as part of a countywide update for Essex County,Massachusetts (All Jurisdictions). During the post-preliminary processing stage, we had initially indicated that map adoption would occur during late 2009 or early 2010. In order to accommodate each community's annual meetings to adopt the new DFIRMS and FIS report, the Letter of Final Determination will now-be scheduled between December 2010 and January 2011,thus making the maps effective June-July 2011. Please note this new timeline. If you should have any questions or concerns,please feel free to contact David Mendelsohn of my staff at (617)832-4713 or email at david.mendelsohn@dhs.gov. Very truly yours, ivncnael J. voetz Chief,Risk Analysis Branch FEMA Region I cc: David Knowlton,P.E.,City Engineer, City of Salem Trillium Levine, GIS Administrator,City of Salem Lynn Goonin Duncan,AICP, Director, Department of Planning, City of Salem Frank Taormina, Staff Planner/Harbor Coordinator,City of Salem Danielle McKnight, Staff Planner, City of Salem Richard Rennard,Director, Department of Public Works, City of Salem David W. Cody, Fire Chief, Emergency Management, City of Salem David Pabich Chairperson, Conservation Commission, City of Salem Charles Puleo, Chairperson,Planning Board,City of Salem Robin Stein, Chairperson, Zoning Board of Appeals,City of Salem Richard Zingarelli, Massachusetts NFIP State Coordinator David Mendelsohn, Community Coordination Officer,FEMA Region I Laura Keating, Regional Support Center, FEMA Region I