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<br />. <br /> <br />, <br /> <br />3 <br /> <br />The revisions are effective as of the date of this letter; however, within <br />90 days of the second publication in the Gazette Teleltraoh, a citizen may <br />request that the Federal Emergency Management Agency (FEMA) reconsider the <br />determination made by this LOMR. Any request for reconsideration must be <br />based on scientific or technical data. All interested parties are on notice <br />that, until the 90-day period elapses, the determination to modify the BFEs <br />presented in this LOMR may itself be modified. <br /> <br />We are incorporating flood hazard information for Templeton Gap South <br />Overflow and Monument Creek into a physical map revision. LOMRs were <br />previously issued for these streams on July 20 and February 15, 1994, <br />respectively. We will also incorporate the modifications described in this <br />LOMR into this physical map revision. Before publishing the revised panels <br />and FIS report, we will issue preliminary copies for review by your <br />community. The preliminary copies are scheduled to be delivered for review <br />in October 1994. <br /> <br />The f100dway is provided to your community as a tool to regulate floodplain <br />development. Therefore, the f100dway 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 the City of Colorado Springs has adopted more restrictive or <br />comprehensive floodplain management criteria, these criteria take precedence. <br /> <br />The basis of this LOMR is, in whole or in part, a channe1- <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 f190dplain <br />management regulations. Consequently, the ultimate responsibility. for <br />maintenance of the channel modification/culvert rests with your co~unity. '. <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 />This determination has been made pursuant to Section 206 of the Flood <br />Disaster Protection Act of 1973 (Public Law 93-234) and is in accordance with <br />the Flood Disaster Protection 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 minimum NFIP criteria. These criteria are the minimum and do <br />not supersede any State or local requirements of a more stringent nature. <br />This includes adoption of the effective FIRM to which the regulations apply <br />