Cumulative Final Public Notice

The U.S. Department of Homeland Security’s Federal Emergency Management Agency (FEMA) hereby gives notice to the public of its intent to provide financial assistance to the Commonwealth of Kentucky, local and Indian tribal governments, and private nonprofit organizations under major disaster declaration FEMA-4804-DR-KY and FEMA-4848-DR-KY, to reimburse eligible applicants for eligible costs to repair or replace structures and facilities serviced under their authority and jurisdiction damaged as a result of:

Severe Storms, Tornadoes, Straight-Line Winds, Mudslides, and Landslides occurring from May 21 to May 27, 2024, as covered under FEMA-4804-DR-KY, declared by the President on July 23, 2024.

Remnants of Hurricane Helene, which impacted the region from September 27 to September 30, 2024, as covered under FEMA-4848-DR-KY, declared by the President on November 26, 2024.  

An initial disaster-wide Public Notice was published on July 23,2024, for DR-4804 for Severe Storms, Tornadoes, Straight-Line Winds, Mudslides, and Landslides, and on November 26, 2024, for DR-4848 Remnants of Hurricane Helene on December 20, 2024. Comments and other information received were considered by FEMA along with evaluation of social, economic, environmental, and safety considerations. 

Some of the activities for which FEMA provides financial assistance under the Individual Assistance (IA), Public Assistance (PA), and Hazard Mitigation Grant Programs (HMGP) may affect historic properties; may be located in or affect wetland areas or the 100-year floodplain; and may involve critical actions within the 500-year floodplain.  In accordance with all requirements of the National Environmental Policy Act (NEPA), all federal actions must be reviewed and evaluated for feasible alternatives. FEMA must also comply with Executive Order 11988, Floodplain Management; Executive Order 11990, Protection of Wetlands; the National Historic Preservation Act of 1966, Pub. L. No. 89-655 (1966) (codified as amended at 16 U.S.C. § 470 et seq.) (NHPA); and the implementing regulations at 44 C.F.R. pt. 9 and 36 C.F.R. pt. 800.  The executive orders, NHPA, and regulations require FEMA to provide public notice for certain activities as part of approving the award of financial assistance for specific projects. 

This notice serves as a cumulative final notice for actions in the floodplain and/ or wetland funded by FEMA under the IA, PA, HMGP program implemented under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §§ 5121-5207. This notice is to inform the public of FEMA’s intent to allocate grant funds to State, local, and tribal governments, as well as non-profit organizations for the repair or replacement of facilities within designated areas susceptible to flooding. As such, FEMA will be identifying the applicable design standard for project types incorporating applicable policies and regulatory standards. These flood zones include A-Zones, which are areas susceptible to a 1% annual chance of flooding up to the Base Flood Elevation (BFE); V-Zones, which are the areas susceptible to a 1% annual chance of flooding with high velocity wave-action; and regulatory floodways, which are areas regulated to provide for the discharge of the base flood. Shaded X-Zones, which are areas susceptible to 0.2% annual chance of flooding, are considered with respect to critical actions (actions for which even the slightest chance of flooding is too great). 

In all cases, FEMA has evaluated the funding actions in accordance with the process described in 44 C.F.R. pt. 9 to determine the overall effect of actions within these areas and this notice shall only pertain to projects which the function is not otherwise served by a more practicable alternative. For these types of projects, relocation or abandonment of the facilities would cause adverse social and/ or economic impacts to the local community. Flood risk to or within the floodplain and/ or wetland will be minimized by all practicable means, the action would not adversely affect the floodplain and/ or wetlands, and nature-based approaches will be integrated where appropriate.

This cumulative public notice hereby fulfills the requirements of Executive Orders 11988 and 11990 as codified in 44 CFR § 9.12 to provide Federal funding for these projects under the IA, PA, and HMGP Program for such projects as described above. This notice may also fulfill requirements under Section 106 of the National Historic Preservation Act (NHPA).

Funding for the proposed projects will be conditional upon compliance with all applicable federal, tribal, state, and local laws, regulations, floodplain standards, permit requirements and conditions.  This action complies with the National Flood Insurance Program (NFIP) requirements. For all FEMA programs and project types, if a state, local, tribal, or territorial government has its own higher elevation standard, FEMA requires use of the higher standard. FEMA program policies also reference additional consensus codes and standards, such as ASCE-24-14, that incorporate additional elevation requirements beyond the base flood elevation.

To ensure compliance with the requirements of FEMA Policy 206-24-005: The Federal Flood Risk Management Standard, this notice does not apply to projects for new construction, substantial improvement, or to address substantial damage to a structure or facility. This notice also does not apply to critical actions, as defined by 44 CFR § 9.4, located in an A-Zone, V-Zone, or regulatory floodway. 

For such projects which this notice is not applicable, a project-specific final public notice will be published, allowing the public at least 15 days, as prescribed in 44 CFR § 9.12, to comment upon proposed projects in the floodplain and/ or wetland.

This may be the only public notice regarding the actions described above for which FEMA may provide financial assistance under the IA, PA, and HMGP programs.  Interested persons may obtain information about these actions or a specific project by writing to the Federal Emergency Management Agency Region IV - 3005 Chamblee Tucker Rd, Atlanta, GA 30341-4112 or by email at FEMA-R4EHP@fema.dhs.gov. Please include in the subject line of the email “DR-4804-4848-KY EHAD Cumulative Final Public Notice”. Comments should be sent in writing at the above address within 15 days of the date of this notice.