This property was flooded in 2013 and at least twice before. The Effective Flood Insurance Rate Map (FIRM) shows the entire property to be within the SFHA, but the current preliminary FIRM shows a narrower floodplain, BFE's and a floodway. A stream protection project was approved in 2006 resulting in the placement of two tiers of rock above the stream bank. This work was performed with compliant State and federal permits. To its credit, the town did not issue a building permit for the additional work, and cited the owner for construction without permit. The property owner added stone in 2010 through 2011 and subsequently built the wall up to above the top of bank and added a two (2) foot high cement barrier on top of that. Fill was placed landward of the wall and damaged manufactured homes were replaced. A wall was also erected perpendicular to the stream at the upstream edge of the property. Some of this development is within the preliminary floodway.

Subsequent to the 2016 CAV the State Supreme Court ruled that the owners must cease all use and residency of the property; & remove all noncompliant encroachments to the floodplain and/or floodway by December 01, 2018 or incur $250.00 fines per day until compliant with the court order. And, the terms of that Court Order require that the compliance work be performed on the Property pursuant to the Preliminary Floodplain mapping.

2. New replacement trailer in the center rear of the MHP next to Fulmer Creek, Zone A [Zone AE, per new preliminary DFIRMS issued in 2011] with small accessory structures. Tax parcel #120.3-2-40, State Route 168, reputed owner: James Helmer. Pursuant to a FEMA Hazard Mitigation Assistance (HMA) program acquisition this potential violation appears to have been resolved. Please provide confirmation.

3. New replacement trailer in the southwest corner of MHP next to Fulmer Creek, Zone A with a small deck and unsecured propane tank. Tax parcel #126.2-2-16.2, off of State Route 168, reputed owner: Leatherstocking Mobile.

4. Armored stream crossing with heavy stone in Fulmer Creek for a pipeline, Zone A. Tax parcel #126.2-2-33, off of Rock Hill Rd, reputed owner: Susan Thuener.

5. Fulmer Creek, Zone A, State Route 168: A number of properties were observed with large piles of fire wood and/or logs stored by creek side and unsecured.

6. Many small sheds, decks, and stream crossing bridges were observed in Zone A of tributary to Steele Creek along Spinnerville Gulf Rd.

The table below outlines action items for address by way of a Corrective Action Plan by your office no later than 120 days from the date of this letter. Coordination, review, and status calls will be established by the Region II, Floodplain Management and Flood Insurance Branch to discuss and review progress, and provide technical assistance toward completion of your Corrective Action Plan for each Non-Compliant element identified below.

 

Table 1. Action Items

Element

Status

Owner

Targets

Regulations

Noncompliant

Town

120 days

Permitting Process

Noncompliant

Town

120 days

Floodplain Development

Noncompliant

Town

120 days

Capacity Building

Ongoing

FEMA & NYSDEC

120 days