FEMA CHALLENGE PETITION: All Dona Ana folks are welcome to use and mail this petition to those authorities both NM and federal whom they feel can ensure FEMA follows and complies with Environmental policy in the federal action and process resulting ultimately in new and updated flood maps for Dona Ana County. This was the petition referenced in the letter sent to federal, state and local authorities regarding the compliance issue. PETITION BY RESIDENTS AND PROPERTY OWNERS OF DONA ANA COUNTY, NEW MEXICO For FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) TO COMPLY WITH FEDERAL LAW AND EXECUTIVE ORDER(S) BACKGROUND: FEMA has provided federal funding to New Mexico and Dona Ana County to conduct several segmented flood map studies in Dona Ana County to support and as a result of FEMA flood mapping actions. This petition addresses the fact that the current FEMA studies and proposed follow on action of turning over final maps to mortgage bankers will adversely affect 9,000 property owners in Dona Ana County without benefit of and compliance with Federal law. The Resolution of Dona Ana County #2007-77, 29 June 2007, addresses and / or questions the validity and accuracy of data used in the FEMA Flood Insurance Rate Maps (FIRM) studies. National Environmental Protection Act (NEPA) of 1969 provides the corner stone for logarithmic growth of the Environmental Protection Agency (EPA) and associated laws / regulations from 1969 to now. Within this initial 1969 law (Act) is Title I, Sec 102 [42 USC ss4332] which states in part: “Part (C) include in every recommendation or report on proposals for legislation and other major Federal actions significantly affecting the quality of the human environment …”;Part (D) further says, “Any detailed statement required under subparagraph (C) after January 1, 1970, for any major Federal action funded under a program of grants to States shall not be deemed to be legally insufficient solely by reason of having been prepared by a State agency or official, …”. Executive Order 12898 establishes and defines Environmental Justice. It is applicable to all populations (and income levels – reference Environmental Justice, Guidance Under the National Environmental Protection Act, December 10, 1997 prepared by the Council on Environmental Quality (CEQ)). This environmental justice guidance document further references EO 12898 which states, “each Federal agency shall analyze the environmental effects, including human health, economic and social effects, of Federal actions, …”. PETITION POSITION. 1. FEMA has provided federal funding to the State of New Mexico and Dona Ana County for the Flood Insurance Rate Maps (FIRM) mapping / study process. 2. The FEMA flood mapping study process in Dona Ana County is a major Federal action. 3. The FEMA flood mapping process in consonance with the mandatory requirements of the 1994 Reform Act as it amended the 1973 Act (see National Flood Insurance Program, Mandatory Purchase of Flood Insurance Guidelines, September 1999) does and will in fact have a major adverse economic effect on over 9,000 residents of Dona Ana county. 4. FEMA has not been and is not in compliance with the National Environmental Protection Act or Executive Order 12898 relative to the flood mapping process thus far conducted in Dona Ana County, New Mexico. ACTION RESPECTFULLY REQUESTED. 1. That FEMA in conducting flood mapping studies and ultimately producing flood maps for Dona Ana County, comply with NEPA and Environmental Justice laws and regulations by providing comprehensive environmental documentation. 2. That this environmental documentation by manifested in the form of an Environmental Impact Statement (EIS) to ensure proper ‘partners’ (including but not limited to the New Mexico Environmental Department) and ‘stake holders’ involvement in the federal (FEMA) flood mapping process resulting in a factual, comprehensive and equitable document. A. That the FEMA EIS include developments’ land areas in development and proposed for development in the foreseeable future which heretofore have not been included in flood mapping studies due to funding shortfalls and / or omission whether by intention or neglect. These would include the tens of thousands of units planned for and / or under development on over 4,500 acres in developments such as Organ Mesa, Vista at Presidio I, and Vista at Presidio II. B. ‘Foreseeable future’ would include proposals approved by the Dona Ana County and the City of Las Cruces planning boards / commissioners / officials, and proposals before the planning boards / commissioners and officials. 3. That the FEMA Flood Mapping EIS for Dona Ana County would provide viable Alternatives and sound mitigation including realistic flood control planning which addresses provisions for long term Dona Ana development and growth. WE THE UNDERSIGNED RESIDENTS OF DONA ANA COUNTY, NEW MEXICO. NAME ADDRESS ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ WE THE UNDERSIGNED RESIDENTS OF DONA ANA COUNTY, NM NAME ADDRESS ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ WE THE UNDERSIGNED RESIDENTS OF TALAVERA SETTLEMENT AREA, DONA ANA COUNTY, NEW MEXICO NAME ADDRESS ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Edit this entry. Talavera Community Associatio