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STATE OF COLORADO 721 Slale Cenlennldl BUlld,rl9 1 J 13 Sherman Street Denver. Colorado 80203 Phone (303) 866.344 1 FAX (303) 866---4474 September 14, 1993 o COLORADO WATER CONSEFWATION BOARD Department of Natural Resources Roy Romer Govemor Danes C.lIle_ P_E Oiredor. ewcs Mr. John Matticks Mr. Ross McKay Federal Emergency Management Agency Washington, D.C. 20472 '~ ~1.<o1 M" ' Dear ~u.__ttiCkS and)J;'c ay: I am writing both of you because the situation I'm describing involves both floodplain mapping and the enforcement of floodplain regulations. 1'm not sure what the best approach is to resolve this particular problem, but I believe it will require the efforts of both of your offices. Background The City of Florence is located along the Arkansas River in southern Colorado, It is west of Pueblo and east of Canon City. The city is affected by the floodplain of the Arkansas, but it is more significantly affected by the floodplains of two tributaries, Coal Creek and Oak Creek. Because of local topographic and hydraulic conditions, the floodplains of these two streams include flow splits and a great deal of overland flooding. A final factor of which you should be aware is that a new Federal prison complex is under construction nearby, so the city is experiencing some growth due to the new jobs. Approximately two years ago FEMA began a Limited Map Maintenance Program (LMMP) restudy of the Oak Creek floodplain in Florence and adjacent portions of unincorporated Fremont County. The study proved to be complex with three flow splits and some water !lowing overland between the !low splits. The floodway delineation was, as you can imagine, very difficult. The draft study prepared by your contractor, Love & Associates, was sent to FEMA headquarters in the middle of March, 1993. Meanwhile, unbeknown,t to your Regional Office, the study contractor or our state coordinating office, the property owners of a large tract of land in the Oak Creek floodplain were filling much of their property to raise it above the flood elevation. In addition some utility work was being performed for their proposed development. No floodplain development permit was issued prior to the commencement of the filling activity or the utility work. Because of the split flows and the overland flooding, such filling may completely change the floodplain. In the absence of any hydraulic engineering to guide the filling, there is no way to say what the exact effect of the filling would be when a flood took place,