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<br />3 <br /> <br />Public notification of the proposed modified BFEs will be given in the Douglas County News-Press on or <br />about April 22 and April 29, 2004. A copy of this notification is enclosed. In addition, a notice of <br />changes will be published in the Federal Register. Within 90 days of the second publication in the <br />Douglas County News-Press, any interested party may request that FEMA reconsider the determination <br />made by this LOMR. Any request for reconsideration must be based on scientific or technical data. All <br />interested parties are on notice that, until the 90-day period elapses, the determination to modify the BFEs <br />made by this LOMR may itself be modified. <br /> <br />Because this LOMR will not be printed and distributed to primary users, such as local insurance agents and <br />mortgage lenders, your community will serve as a repository for these new data. We encourage you to <br />disseminate the information reflected by this LOMR throughout the community, so that interested persons, <br />such as properly owners, local insurance agents, and mortgage lenders, may benefit from the information. <br />We also encourage you to prepare a related article for publication in your community's local newspaper. <br />This article should describe the assistance that officials of your community will give to interested persons <br />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 panels 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 />The floodway is provided to your community as a tool to regulate floodplain development. Therefore, the <br />floodway modifications described in this LOMR, while acceptable to FEMA, must also be acceptable to <br />your community and adopted by appropriate community action, as specified in Paragraph 60.3(d) of the <br />NFIP regulations. <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 fOf ensuring all necessary pennits <br />required by Federal or State law have been received. State, county, and cOlmnunity officials, based on <br />knowledge of local conditions and in the interest of safety, may set higher standards for construction in the <br />SFHA. If the State, county, or community has adopted more restrictive or comprehensive floodplain <br />management criteria, these criteria take precedence over the minimwn NFIP criteria. <br /> <br />The basis of this LOMR is, in whole or in part, a bridge/culvert project. NFIP regulations, as cited in <br />Paragraph 60.3(b )(7), require that communities ensure that the flood-carrying capacity within the altered or <br />relocated portion of any watercourse is maintained. This provision is incorporated into your community's <br />existing floodplain management regulations. Consequently, the ultimate responsibility for maintenance of <br />the bridge and culverts rests with your community. <br /> <br />This detennination 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 XIll 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 minimwn NFIP criteria." These criteria are the minimum and <br />do not supersede any State or local requirements of a more stringent nature. . This includes adoption of the <br />effective FIRM to which the regulations apply and the modifications described in this LOMR. Our records <br />show that your community has met this requirement. <br />