Below are a sample letter to federal agencies addressing the failure of FEMA to perform environmental documentation (an Environmental Impact Statement) relative to the adverse impact FEMA Flood Maps final release will have on over 9,000 Dona Ana County residents; and a sample letter to Senator Bingaman on same issue. For the attached petition referenced in the letters See FEMA CHALLENGE PETITION. It should be noted that Governor Richardson responded with a letter dated 11 October where he correctly identified this environmental compliance challenge as being a federal issue. He further stated that he contacted Senator Bingaman and explained the matter to him requesting that the problem be given “careful attention” and that he do everything possible to help. This is good. FEDERAL AGENCIES LETTER The Honorable Michael Chertoff Secretary, US Department of Homeland Security Washington, DC 20528 Dear Mr. Secretary: This letter is to draw your attention to the attached Petition. This Petition was signed by residents of the small settlement of Talavera just east of Las Cruces, Dona Ana County New Mexico in the foothills of the Organ Mountains. Some thirty-six signatures were gleaned from an attendance of approximately fifty individuals. It is not suggested that this Petition represents all residents of Dona Ana County, New Mexico. The Petition summarizes the basis and position that the Federal Emergency Management Agency (FEMA) and Homeland Security (HS) have failed as a Federal Agency, undertaking a major action in the Flood Insurance Rate Maps (FIRM) mapping process for Dona Ana County, to comply with NEPA and associated Executive Order(s) in addressing or considering significant adverse economic effects to over 9,000 property owners in Dona Ana County as a result of final FIRMs. It is respectfully requested that FEMA under the sage guidance and direction of Homeland Security in collaboration with the Environmental Protection Agency (EPA) under the guidance and advice of the Council on Environmental Quality (CEQ) make a determination as to the appropriate but comprehensive documentation vehicle / process to address, assess and document economic effects together with alternatives and proposed mitigation. The Petition requests that an Environmental Impact Statement (EIS) be that vehicle. Should HS and FEMA make a ruling relative to this matter, it is requested that the ruling when published in the CFR reflect EPA and CEQ endorsement. It is also requested that notification of the CFR publication date be made to Senators Bingaman and Domenici, Representative Pearce, Governor Richardson, NM Cabinet Secretary Ron Curry, Dona Ana County Commissioner Karen Perez, and to myself. Your attention to and effort on this matter is and will be greatly appreciated. Best Regards, John H. Smith Retired New Mexico US American 5024 Lost Padre Mine Rd., Las Cruces, NM 88011 505-521-3201 american1776@msn.com Letter to: The Honorable Michael Chertoff, Secretary, US Department of Homeland Security Chairman, James L. Connaughton, Council on Environmental Quality Administrator, Stephen L. Johnson, US Environmental Protection Agency Administrator, R. David Paulson, Federal Emergency Management Agency Mr. William E. Peterson, Regional Director – Region VI, FEMA Administrator, Richard Greene, Region VI, EPA Copy to: Senator Jeff Bingaman, NM Senator Pete V. Domenici, NM Representative Steve Pearce, NM Governor Bill Richardson, NM Cabinet Secretary Ron Curry, NM Commissioner Karen Perez, Dona Ana County, NM LETTER TO NM STATE POLITICIANS 24 September 2007 Senator Jeff Bingaman 703 Hart Senate Office Building Washington, DC 20510 Dear Senator Bingaman: This letter is to draw your attention to the attached Petition. This Petition was signed by residents of the small settlement of Talavera just east of Las Cruces, Dona Ana County New Mexico in the foothills of the Organ Mountains. Some thirty-six signatures were gleaned from an attendance of approximately fifty individuals. It is not suggested that this Petition represents all residents of Dona Ana County, New Mexico. The Petition summarizes the basis and position that the Federal Emergency Management Agency (FEMA) and Homeland Security (HS) have failed as a Federal Agency, undertaking a major action in the Flood Insurance Rate Maps (FIRM) mapping process for Dona Ana County, to comply with NEPA and associated Executive Order(s) in addressing or considering significant adverse economic effects to over 9,000 property owners in Dona Ana County as a result of final FIRMs. As referenced in the Las Cruces Sun News and the Resolution of Dona Ana County dated 29 June 2007, property owners will be subject to ‘mandatory’ flood insurance rates costing up to $6,500.00 per year or $542.00 per month based on their property location on final FIRMs issued for Dona Ana. Points to note relevant to the negative or adverse economic effect are: Ø $542.00 equates at 7% APR to a 30 year loan on approximately $81,500.00. Of course, the flood insurance never ends and may go up. Ø Buyers would logically want this amount reduced from the selling price or appraised value of a home. Sellers lose. Ø The average income for Las Cruces (re CityTownInfo.com) is $37,670.00. At a rough rule of thumb of one-third gross income as maximum amount for mortgage payment, this average income equates to being able to qualify for a $155,000.00 mortgage loan. The flood insurance premium factored in to the ‘ability to pay’ equation would drop the amount to less than 75K. Folks making lesser amounts than the average for Dona Ana would be really hurting. Ø Retirees on fixed income ‘getting by’ on current mortgage payments may find themselves in over their heads or certainly paying more than they bargained for. They would sell at a loss and leave Dona Ana in mass. Ø As delineated in the 13 May 2007 edition of the Sun News developers are planning thousands of units in the 5,920.77 acres encompassing The Vistas at Presidio I and II effort; the Waterfalls Subdivision entails 559 acres with up to 5,098 units planned; and 469.55 acres make up the Puerta de Las Cruces development where up to 2,700 homes are planned. Oddly, none of these lands were or are currently included in the FEMA flood plain mapping process. People would buy homes in this area with perhaps wording in their closing documents stating that this property may one day be shown as being in a flood plain, but these folks would essentially be playing real estate roulette. Ø Retirees from other parts of the country would not be inclined to purchase their retirement homes in Dona Ana. Word would spread. Ø Properties showing in Flood Zones would likewise decrease dramatically in value. Ø Release of final FEMA FIRM maps would definitely result in an adverse economic effect in Dona Ana County. The attached representative letter to Secretary Chertoff has respectfully requested that FEMA under the sage guidance and direction of Homeland Security in collaboration with the Environmental Protection Agency (EPA) under the guidance and advice of the Council on Environmental Quality (CEQ) make a determination as to the appropriate but comprehensive documentation vehicle / process to address, assess and document economic effects together with alternatives and proposed mitigation. The Petition requests that an Environmental Impact Statement (EIS) be that vehicle. Funding needs to be made available to FEMA and Dona Ana County (partnering) to conduct the EIS where all developments in the foreseeable future and all current developed Dona Ana lands could be assessed and mapped. The EIS would hopefully identify an alternative that would empower and provide the basis for the Dona Ana Flood Commission to proactively manage the ‘flood plain’ thus providing relief for and perhaps negation of ‘proneness to flooding’. The current approach or alternative as it were is to impose mandatory flood insurance on over 9,000 current property owners in Dona Ana only to return in a few years and map proposed development units. More mandatory insurance flows in to …? It is not suggested there is any wrong doing going on, but this program as applied in Dona Ana County, New Mexico does not pass the smell test. Should HS and FEMA make a ruling relative to this matter, it was requested that the ruling when published in the CFR reflect EPA and CEQ endorsement. It was also requested that notification of the CFR publication date be made to Senators Bingaman and Domenici, Representative Pearce, Governor Richardson, NM Cabinet Secretary Ron Curry, Dona Ana County Commissioner Karen Perez, and to myself. Your attention to constituency and political effort on this matter to ensure an EIS is produced by FEMA before issuing final FIRMs for Dona Ana County is essential and will be greatly appreciated. Best Regards, John H. Smith Retired New Mexico US American 5024 Lost Padre Mine Rd., Las Cruces, NM 88011 505-521-3201 american1776@msn.com Letter to: The Honorable Michael Chertoff, Secretary, US Department of Homeland Security Chairman, James L. Connaughton, Council on Environmental Quality Administrator, Stephen L. Johnson, US Environmental Protection Agency Administrator, R. David Paulson, Federal Emergency Management Agency Mr. William E. Peterson, Regional Director – Region VI, FEMA Administrator, Richard Greene, Region VI, EPA Copy to: Senator Jeff Bingaman, NM Senator Pete V. Domenici, NM Representative Steve Pearce, NM Governor Bill Richardson, NM Cabinet Secretary Ron Curry, NM Commissioner Karen Perez, Dona Ana County, NM