2011-04-22_GENERAL DOCUMENTS - M2010049

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R8-MT Clay Kimmi, P.E., CFM Drainage & Floodplain Engineer Weld County Public Works 1111 H St PO Box 758 Greeley, CO 80632-0758 U.S. Department of Homeland Security Region VIII Denver Federal Center, Builduig 710 P.O. Boa 25267 ?Eyrarksti Denver, CO 80225-0267 o FEMA J HD 58c January 13, 2011 As a follow up to our telephone call discussing the gravel pits in Weld County and the National Flood Insurance Program (NFIP), I offer the following history and comments. Weld County joined the NFIP Sept. 16, 1974 at which time a Flood Hazard Prevention Ordinance was adopted in exchange for flood insurance being available to anyone in the community. The currently effective FIRM was preceded by two maps; a Flood Hazard Boundary Map (FHBM) dated March 21, 1978 and a FIRM dated March 18, 1980. Weld County's current Flood Insurance Rate Map (FIRM) and floodplain prevention ordinance is dated September 22, 1999.The County currently has 268 flood insurance policies in force and has experienced 22 paid claims since 1978. There is currently a question whether a development activity that was permitted prior to the initial FIRM requires a Letter of Map Revision (LOMR) to be completed. Due to the current FIRM not reflecting the current physical features due to manmade actions, it is interpreted that a LOMR will be required to meet the minimum NFIP requirements codified in the Code of Federal Regulations (CFR) Title 44 Part 60.3, specifically 44 CFR 60.3 (b)(3): "Require that all new subdivision proposals and other proposed developments (including proposals for manufactured home parks and subdivisions) greater than 50 lots or 5 acres, whichever is the lesser, include within such proposals base. flood elevation data." For the purposes of the NFIP, development is defined in CFR 59.1 as any man-made change to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filing, grading, paving excavation or drilling operations or storage of equipment or material. This action is supported 44 CFR 65.3 Requirement to submit new technical data which states that: A community's base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six months after the date such information becomes available, a community shall notify the Administrator of the changes by submitting technical or scientific data in accordance with this part. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and flood plain management requirements will be based upon current data. 44 CFR 60.3 (b) (7) also states... Assure that the flood carrying capacity within the altered or relocated portion of ay watercourse is maintained. rv"rv.fema.gov