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2 The following table is a partial listing of existing and modified BFEs: Location Existing BFE (feet)* 4,569 4,570 Modified BFE (feet)* Approximately 3,150 feet upstream of US 50 Approximately 4,100 feet upstream of US 50 4,570 4,571 *Referenced to the National Geodetic Vertical Datum, rounded to the nearest whole foot Public notification of the proposed modified BFEs will be given in the Daily Sentinel on or about August 17 and August 24, 2000. A copy of this notification is enclosed. In addition, a notice of changes will be published in the Federal Register. Within 90 days of the second publication in the Daily Sentinel, a citizen may request that FEMA reconsider the determination made by this LOMR. Any request for reconsideration must be based on scientific or technical data. All interested parties are on notice that, until the 90-day period elapses, the determination to modify the BFEs presented in this LOMR may itself be modified. This LOMR will become effective after the 90-day appeal period has elapsed. Because this LOMR will not be printed and distributed to primary users, such as local insurance agents and mortgage lenders, your community will serve as a repository for these new data. We encourage you to disseminate the information reflected by this LOMR throughout the community, so that interested persons, such as property owners, local insurance agents, and mortgage lenders, may benefit from the information. We also encourage you to prepare a related article for publication in your community's local newspaper. This article should describe the assistance that officials of your community will give to interested persons by providing these data and interpreting the NFIP maps. We will not physically revise and republish the FIRM and FIS report for your community to reflect the modifications made by this LOMR at this time. When changes to the previously cited FIRM panel(s) and FIS report warrant physical revision and republication in the future, we will incorporate the modifications made by this LOMR at that time. This LOMR is based on minimum floodplain management criteria established under the NFIP. Your community is responsible for approving all floodplain development and for ensuring all necessary permits required by Federal or State law have been received. State, county, and community officials, based on knowledge of local conditions and in the interest of safety, may set higher standards for construction in the SFHA. If the State, county, or community has adopted more restrictive or comprehensive floodplain management criteria, these criteria take precedence over the minimum NFIP criteria. The basis of this LOMR is, in whole or in part, a channel-modification project. NFIP regulations, as cited in Paragraph 60.3(b )(7), require that communities ensure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained. This provision is incorporated into your community's existing floodplain management regulations. Consequently, the ultimate responsibility for maintenance of the modified channel rests with your community. This determination has been made pursuant to Section 206 of the Flood Disaster Protection Act of 1973 (Public Law 93-234) and is in accordance with the National Flood Insurance Act of 1968, as amended (Title XIII of the Housing and Urban Development Act of 1968, Public Law 90-448), 42 U.S.C. 4001-4128, and 44 CFR Part 65. Pursuant to Section 1361 of the National Flood Insurance Act of 1968, as amended, communities participating in the NFIP are required to adopt and enforce floodplain management regulations that meet or exceed minimum NFIP criteria. These criteria are the minimum and do not supersede any State or local requirements of a more stringent nature. This includes adoption of the effective FIRM to which the regulations apply and the modifications described in this LOMR. Our records show that your community has met this requirement.