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<br />2 <br /> <br />The following table is a partial listing of existing and modified BFEs: <br /> <br />Location <br /> <br />Existing BFE <br />(feet)* <br /> <br />Modified BFE <br />(feet)* <br /> <br />Approximately 1,000 feet downstream of confluence <br />with Tri - Area Drainageway Overflow Channel <br /> <br />4,958 <br /> <br />4,956 <br /> <br />* Referenced to the National Geodetic Vertical Datum, rounded to the nearest whole foot <br /> <br />Public notification of the modified BFEs will be given in the Greeley Tribune on or about July 31 and <br />August 7, 2002. A copy of this notification is enclosed. In addition, a notice of changes will be <br />published in the Federal Register. Within 90 days of the second publication in the Greeley Tribune, any <br />interested party may request that FEMA reconsider the determination made by this LOMR. Any request <br />for reconsideration must be based on scientific or technical data. All interested parties are on notice that, <br />until the 90-day period elapses, the determination to modifY the B~Es made by this LOMR may itselfbe <br />modified. <br /> <br />Because this LOMR will not be printed and distributed to primary users, such as local insurance agents <br />and mortgage lenders, your community will serve as a repository for these new data. We encourage you <br />to disseminate the information reflected by this LOMR throughout the community, so that interested <br />persons, such as property owners, local insurance agents, and mortgage lenders, may benefit from the <br />information. We also encourage you to prepare a related article for publication in your community's local <br />newspaper. This article should describe the assistance that officials of your community will give to <br />interested persons by providing these data and interpreting the NFIP maps. <br /> <br />We will not physically revise and republish the FIRM and FIS report for your community to reflect the <br />modifications made by this LOMR at this time. When changes to the previously cited FIRM panel and <br />FIS report warrant physical revision and republication in the future, we will incorporate the modifications <br />made by this LOMR at that time. <br /> <br />This LOMR is based on minimum floodplain management criteria established under the NFIP. Your <br />community is responsible for approving all floodplain development and for ensuring all necessary permits <br />required by Federal or State law have been received. State, county, and community officials, based on <br />knowledge of local conditions and in the interest of safety, may set higher standards for construction in <br />the SFHA. If the State, county, or community has adopted more restrictive or comprehensive floodplain <br />management criteria, these criteria take precedence over the minimum NFIP criteria. <br /> <br />The basis of this LOMR is, in whole or in part, a channel-modification project. NFIP regulations, as cited <br />in Paragraph 60.3 (b )(7), require that communities ensure that the flood-carrying capacity within the <br />altered or relocated portion of any watercourse is maintained. This provision is incorporated into your <br />community's existing floodplain management regulations. Consequently, the ultimate responsibility for <br />maintenance of the modified channel rests with your community. <br /> <br />This determination has been made pursuant to Section 206 of the Flood Disaster Protection Act of 1973 <br />(Public Law 93-234) and is in accordance with the National Flood Insurance Act of 1968, as amended <br />(Title XIII of the Housing and Urban Development Act of 1968, Public Law 90-448),42 U.S.C. <br />4001-4128, and 44 CFR Part 65. Pursuant to Section 1361 of the National Flood Insurance Act of 1968, <br />as amended, communities participating in the NFIP are required to adopt and enforce floodplain <br />management regulations that meet or exceed NFIP criteria. These criteria are the minimum requirements <br />and do not supersede any State or local requirements of a more stringent nature. This includes adoption <br />of the effective FIRM and FIS report to which the regulations apply and the modifications described in <br />this LOMR. <br />