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<br />Public notification of the proposed modified BFEs will be given in the Westminster Window on or about
<br />January 29 and February 5, 2004, A copy of this notification is enclosed, In addition, a notice of changes
<br />will be published in the Federal Register, Within 90 days of the second publication in the Westminster
<br />Window, any interested party may request that FEMA reconsider the determination made by this LOMR,
<br />Any request for reconsideration must be based on scientific or technical data, All interested parties are on
<br />notice that, until the 90-day period elapses, the detennination to modify the BFEs made by this LOMR
<br />may itself be modified.
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<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 property 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 />1bis 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,
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<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,
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<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,
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<br />1bis LOMR is based on minimum floodplain management criteria established under !lie NFIP:-Your
<br />community is responsible for approving all floodplain development and for ensuring all necessary pennits
<br />required by Federal or State law have been received, State, county, and community 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 minimum NFIP criteria,
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<br />The basis of this LOMR is, in whole or in part, a channel-modification/culvert project. NFIP regulations,
<br />as cited in Paragraph 60.3(b)(7), require that conununities ensure that the flood-carrying capacity within
<br />the altered or relocated portion of any watercourse is maintained, 1bis provision is incorporated into your
<br />community's existing floodplain management regulations, Consequently, the ultimate responsibility for
<br />maintenance of the modified channel and culvert rests with your community,
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<br />1bis determination 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 xm 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 ofl968,
<br />as amended, communities participating in the NFIP are required to adopt and enforce floodplain
<br />management regulations that meet or exceed minimum 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.
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