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<br />3 <br /> <br />. <br /> <br />that, until the 90-day period elapses, the determination to modify the BFEs <br />presented in this LOMa may itself be modified. <br /> <br />Due to present funding constraints, FEMA must limit the number of physical <br />map revisions processed. Consequently, we will not republish the FIS report <br />and FIRM for the unincorporated areas of El Paso County to reflect the <br />determination of this LOMa at this time. However, when changes,to FIRM Panel <br />0168 C and the FIS report for your community warrant a physical revision. and <br />republication in the future, the determination in this LOMa will' 'be <br />incorporated at that time. <br /> <br />The floodway is provided to your community 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 community and <br />adopted by appropriate community action, as specified in Paragraph 60.3(d) of <br />the NFIP regulations. <br /> <br />This response to Mr. Bunting's request is based on minimum floodplain <br />management criteria established under the NFIP. Your community is <br />responsible for approving all proposed floodplain developments, including <br />this request, and for ensuring that necessary permits required by Federal or <br />State law have been received. With knowledge of local conditions and in the <br />interest of safety, State and community officials may set higher standards <br />for construction, or may limit development in floodplain areas. If the State <br />of Colorado or El Paso County has adopted more restrictive or comprehensive <br />floodplain management criteria, these criteria take precedence.; <br /> <br />The basis of this LOMa is, in whole or in part, .8 channel- <br />modification/culvert project. NFIP regulations, as cited in Paragraph <br />60.3(b)(7), require that communities assure that the flood-carrying capacity <br />within the altered or relocated portion of any watercourse is maintained. <br />This provision is incorporated into your community's existing floodplain <br />management regulations. Consequently, the ultimate responsibility for <br />maintenance of the channel modification/culvert rests with your community. <br /> <br />The map panel as listed above and as revised by this letter will be used,for <br />all flood insurance policies and renewals issued for your community. <br />" <br /> <br />This determination has been made pursuant to Section 206 of . the' FLpod <br />Disaster Protection Act of 1973 (Public Law 93-234) and is in accordance wit~ <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, conmunities 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 FIS report and FIRM to which <br />the regulations apply and the modifications made by this LOMa. <br />