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Federal Emergency Management Agency Washington, D.C. 20472 DEe 2 2 1999 CERTIFIED MAIL RETURN RECEIPT REQUESTED IN REPLY REFER TO: 101/155 The Honorable Joe Colgan Mayor, City of Durango 949 East Second Avenue Durango, Colorado 81301 Community: City of Durango, Colorado Community No.: 080099 Dear Mayor Colgan: On September 30, 1999, we provided your community with a preliminary revised Flood Insurance Study (FIS) report and Flood Insurance Rate Map (FIRM). That material makes it appropriate to modify the elevations of the flood having a I-percent chance of being equaled or exceeded in any given year (base flood) for certain locations in the City of Durango, LaPlata County, Colorado. Public notification of the proposed modifications in base flood elevations (BFEs) for the following will be given in the Durango Herald on or about January 6 and January 13, 2000: Animas River, Dry Gulch and Lightner Creek. A copy of this notification is enclosed. In addition, a notice of Proposed Base Flood Elevation Determinations will be published in the Federal Register. The proposed BFEs, if finalized, will become the basis for the floodplain management measures that your community must adopt or show evidence of already being in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). However, before any modified BFEs are effective for floodplain management purposes, you will be provided an opportunity to appeal the proposed BFEs. The appeal procedure is outlined below for your information. Section 110 of the Flood Disaster Protection Act of 1973 (Public Law 93-234) is intended to ensure an equitable balancing of all interests involved in the setting of BFE determinations. The legislation provides for an explicit process of notification and appeals for your community and for private persons prior to this office making the BFE determinations final. The regulations developed by the Federal Emergency Management Agency (FEMA) to implement Section 110 may be found at Title 44, Chapter I, Part 67, Code of Federal Regulations. Copies of the 1973 Act and the NFIP regulations are enclosed. During the 90-day appeal period following the second publication in the above-named newspaper, any owner or lessee of real property in your community who believes his or her property rights will be adversely affected by the BFE determinations may appeal to you, or to an agency that you publicly designate. It is important to note, however, that the sole basis for such appeals is the possession of knowledge or information indicating that the proposed BFE determinations are scientifically or technically incorrect. These appeal data must be submitted to FEMA during the 90-day appeal period. Only appeals of the proposed BFEs supported by data can be considered before FEMA makes its final determination at the end of the 90-day appeal period. Note that the 90-day appeal period is statutory and cannot be extended for any reason.