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LOMR-F Question

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(@jon-payne)
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First time looking into helping a client out with a LOMR-F.?ÿ Have done many plain-Jane LOMAs, but none that involved fill.?ÿ So still sorting through the requirements.

Potential client had a corner of an attached deck support below BFE in a Zone AE.?ÿ He knew this from measurements someone else (licensed) took for him.?ÿ He tried to fix it by having the post cut, a concrete support pier placed, and then wooden post reattached to deck and pier.?ÿ Unfortunately, it was the same LAG, just beside a concrete pier instead of a wooden post.?ÿ The property is at a C.O.E. lake where there are several feet (vertically) between the BFE and the pool elevation .?ÿ The C.O.E. provided him with a copy of a section of their rules that allows him to fill up to 10 CYD without obtaining a permit from them.?ÿ He needed much less than 10 CYD to dress up the corner.?ÿ He fills in the area needed to address the issue.

Now to the issue - a CLOMR-F would require proof of compliance with the Endangered Species Act before it could be issued.?ÿ However, he has already filled.?ÿ So, a LOMR-F requires the community official responsible for floodplain management to sign a statement that the ESA has been complied with.?ÿ Disclosure, I know the floodplain administrator and am wanting to make sure he is in the safe to sign off on the community portion and has sufficient documentation to cover his behind.

Should client still go through the Fish and Wildlife Service to get an official "not likely to adversely affect" or "no effect" letter or is it simpler to get an independent biologist to draft the letter?

?ÿ

 
Posted : August 27, 2021 11:42 am
(@jon-payne)
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IPaC may be what I was needing to know.?ÿ Looks like I can generate project area data and then do a consult with USFWS.?ÿ Looking at that website now.

 
Posted : August 27, 2021 12:07 pm
(@james-vianna)
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It might be simpler to just detach the deck from the house and therefore the lag moves to the house.

 
Posted : August 27, 2021 4:53 pm
(@holy-cow)
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I have seen what appears to be a very big set of steps attached to the downhill side of a house.?ÿ Closer inspection proves there is a one-inch gap between the free standing steps and the house.?ÿ A rather thick rubber pad spans the gap, but moves independently.

 
Posted : August 27, 2021 7:34 pm
(@jon-payne)
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@james-vianna

Thanks James.?ÿ That was another option I suggested to him.?ÿ After looking at the hoops to get a letter stating there is no or minimal effect on endangered species.?ÿ Detaching may be the simplest option.?ÿ I've got an email in to the state folks who assist with evaluation for ESA compliance to see if there is some simplified procedure for such a small project.?ÿ It really seems as if the process is geared towards larger projects (i.e. roads or commercial buildings) instead of a few yards of material.

 
Posted : August 28, 2021 5:38 am
(@jon-payne)
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@holy-cow?ÿ

Thanks.?ÿ Getting him connected with a contractor to detach and fill in with such a spanner may be the best course of action.?ÿ

 
Posted : August 28, 2021 5:41 am