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Federal Emergency Management Agency Washington, D.C. 20472 MAY 09 2000 CERTIFIED MAIL RETURN RECEIPT REQUESTED IN REPLY REFER TO: 1011155 The Honorable Frank Joswick Chairman, La Plata County Board of Commissioners 1060 East 2nd Avenue Durango, CO 81301 Community: La Plata County, Colorado Community No.: 080097 Dear Mr. Joswick: On September 30, 1999, we provided your community with copies of a preliminary revised Flood Insurance Study (FIS) and Flood Insurance Rate Map (FIRM). That material makes it appropriate to modifY the elevations of a flood having a I-percent chance of being equaled or exceeded in any given year (base flood) for certain 10catiOftfl-in the unincorporated areas of La Plata County, Colorado, Public notification of the proposed modifications in base flood elevations (BFEs) for the Animas River and Lightner Creek will be given in the Durango Herald on or about May 12 and May 19,2000. A copy of this notification is enclosed. In addition, a notice of Proposed Base Flood Elevation Determinations will be published in the Federal Register. These proposed BFEs, if finalized, will become the basis for the floodplain management measures that your community must adopt or show evidence of already being in effect in order to qualifY or remain qualified for participation in the National Flood Insurance Program (NFIP). However, before any revised BFEs are effective for floodplain management purposes, you will be provided an opportunity to appeal the proposed BFEs. Section 110 of the Flood Disaster Protection Act of 1973 (Public Law 93-234) is intended to ensure an equitable balancing of all interests involved in the setting ofBFE determinations, The legislation provides for an explicit process of notification and appeals for your community and for private persons prior to this office making the BFE determinations final. The appeal procedure is outlined below for your information. The regulations developed by the Federal Emergency Management Agency (FEMA) to implement Section 110 may be found at Title 44, Chapter I, Part 67, Code of Federal Regulations. A copy of the NFIP regulations is enclosed. During the 90-day appeal period following the second publication in the above-named newspaper, any owner or lessee of real property in your community who believes his or her property rights will be adversely affected by the BFE determinations may appeal to you, or to an agency that you publicly designate. It is important to note, however, that the sole basis for such appeals is the possession of knowledge or information indicating that the proposed BFE determinations are scientifically or technically incorrect. These appeal data must be submitted to FEMA during the 90-day appeal period. Only appeals of the proposed BFEs supported by data can be considered before FEMA makes its final determination at the end of the 90-day appeal period. Note that the 90-day appeal period is statutory and cannot be extended for any reason.