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<br />3 <br /> <br />that, until the 90-day period elapses, the determination to modify the BFEs <br />presented in this LOMR may itself be modified. <br /> <br />Due to present funding constraints, FllMA must limi t the number of physical <br />map revisions processed. Consequently, we will not republish the FIRM, FBFM, <br />and FIS report for La Plata County, Colorado, to reflect the determination of <br />this LOMR at this time. However, when changes to FIRM Panels 0266 B, 0267 B, <br />0268 B, and 0269 B; FBFM Panels 0266, 0267, 0268, and 0269; and the FIS <br />report for your conununity warrant a physical revision and republication in <br />the future, the determination in this LOMR will be incorporated at that time. <br /> <br />The floodway is provided to your conununity as a tool to regulate flOOdplain <br />development. Therefore, the floodway modifications described in this letter, <br />while acceptable to FEMA, must also be acceptable to your conununity and <br />adopted by appropriate conununity action, as specified in Paragraph 60.3(d) of <br />the NFIP regulations. <br /> <br />This response to Mr. Duff's request is based on minimum floodplain management <br />criteria established under the NFIP. Your conununity is responsible for <br />approving all proposed floodplain developments, including this request, and <br />for ensuring that necessary permits required by Federal or State law have <br />been received. With knowledge of local conditions and in the interest of <br />safety, State and conununity officia.ls may set higher standards for <br />construction, or may limit development in floodplain areas. If the State of <br />Colorado or La Plata County has adopted more restrictive or comprehensive <br />floodplain management criteria, these criteria take precedence. <br /> <br />The basis of this LOMR is, in whole or in part, a channel-modification <br />project. NFIP regulations, as cited in Paragraph 60.3(b)(7), require that <br />conununities assure that the flood-carrying capacity within the altered or <br />relocated portion of any watercourse is maintained. This provision is <br />incorporated into your conununity's existing floodplain management <br />regulations. Consequently, the ultimate responsibility for maintenance of <br />the channel modification rests with your conununity. <br /> <br />The map panels as listed above and as revised by this letter will be used for <br />all flood insurance policies and renewals issued for your conununity. <br /> <br />This determination has been made pursuant to Section 206 of the Flood <br />Disaster Protection Act of 1973 (Public Law 93-234) and is in accordance with <br />the National Flood Insurance Act of 1968, as amended (Title XIII of the <br />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 <br />Flood Insurance Act of 1968, as amended, conununities participating in the <br />NFIP are required to adopt and enforce fLoodplain management regulations that <br />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 <br />nature. This includes adoption of the effective FIRM, FBFM, and FIS report <br />to which the regulations apply and the modifications made by this LOMR. <br />