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<br />, <br /> <br />3 <br /> <br />The floodway is provided to your community as a tool to regulate floodplain development. Therefore, <br />the floodway modifications described in this letter, while acceptable to FEMA, must also be acceptable <br />to your community and adopted by appropriate community action, as specified in Paragraph 60.3(d) of <br />the NFIP regulations. <br /> <br />This response to Mr. Harrington's request is based on mmunum floodplain management criteria <br />established under the NFIP. Your community is responsible for approving all floodplain development, <br />including this request, and for ensuring that necessary permits required by Federal or State law have been <br />received. With knowledge of local conditions and in the interest of safety, State and community officials <br />may set higher standards for construction, or may limit development in floodplain areas. If the State of <br />Colorado or your community has adopted more restrictive or comprehensive floodplain management <br />criteria, these criteria take precedence. <br /> <br />The basis of this LOMR is, in whole or in part, a channel-modification project. NFIP regulations, as <br />cited in Paragraph 60.3(b)(7), require that communities assure that the flood-carrying capacity within the <br />altered or relocated portion of any watercourse is maintained. This provision is incorporated into your <br />community's existing floodplain management regulations. Consequently, the ultimate responsibility for <br />maintenance of the channel modification rests with your community. <br /> <br />The map panels as listed above and as revised by this letter will be used for all flood insurance policies <br />and renewals issued for your community. <br /> <br />This 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 XIII of the Housing and Urban Development Act of 1968, Public Law 90-448),42 U.S.C. 4001- <br />4128, and 44 CFR Part 65. Pursuant to Section 1361 of the National Flood Insurance Act of 1968, as <br />amended, communities participating in the NFIP are required to adopt and enforce floodplain management <br />regulations that meet or exceed minimum NFIP criteria. These criteria are the minimum and do not <br />supersede any State or local requirements of a more stringent nature. This includes adoption of the <br />effective FIRM, FBFM, and FIS report to which the regulations apply and the modifications described <br />in this LOMR. Our records show that your community has met this requirement. <br />