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.- 3 The floodway is provided to your community as a tool to regulate floodplain development. Therefore, the floodway modifications described in this letter, while acceptable to FEMA, must also be acceptable to your community and adopted by appropriate community action, as specified in Paragraph 60.3(d) of the NFIP regulations. This response to Mr. Doherty's request is based on minimum floodplain management criteria established under the NFIP. Your community is responsible for approving all floodplain development, including this request, and for ensuring that necessary pennits required by Federal or State law have been received. With knowledge of local conditions and in the interest of safety, State and community officials may set higher standards for construction, or may limit development in floodplain areas. If the State of Colorado or your community has adopted more restrictive or comprehensive floodplain management criteria, these criteria take precedence. The basis of this LOMR is, in whole or in part, a channel-modification/culvert project. NFIP regulations, as cited in Paragraph 60.3(b)(7), require that communities assure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained. This provision is incorporated into your community's existing floodplain management regulations. Consequently, the ultimate responsibility for maintenance of the channel modification/culvert rests with your community. The map panels as listed above and as revised by this letter will be used for all flood insurance policies and renewals issued for your community. This detennination has been made pursuant to Section 206 of the Flood Disaster Protection Act of 1973 (Public Law 93-234) and is in accordance with the Flood Insurance Program Act of 1968, as amended (Title XIII of the Housing and Urban Development Act of 1968, Public Law 90-448), 42 U.S.c. 4001- 4128, and 44 CFR Part 65. Pursuant to Section 1361 of the National Flood Insurance Act of 1968, as amended, communities participating in the NFIP are required to adopt and enforce floodplain management regulations that meet or exceed minimum NFIP criteria. These criteria are the minimum and do not supersede any State or local requirements of a more stringent nature. This includes adoption of the effective FIRM and FBFM to which the regulations apply and the modifications described in this LOMR. Our records show that your community has met this requirement. A Consultation Coordination Officer (CCO) has been designated to assist your community. The CCO will be the primary liaison between your community and FEMA. For infonnation on your CCO, please contact: Mr. Steve L. Olsen Director, Mitigation Division Federal Emergency Management Agency, Region VIII Denver Federal Center, Building 710, Box 25267 Denver, Colorado 80225-0267 (303) 235-4830