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e DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
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"Liao 04 FEDERAL INSURANCE ADMINISTRATION
WASHINGTON, D. C. 20410
CERTIFIED MAIL IN REPLY REFER TO:
RETURN RECEIPT REQUESTED SIKE6 IFE(155a) :
JAN 2 9 1979 4 tou y�"\S ' FLO-1
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Mr. Norm Carlson � 9�9
Chairman, Board of Weld County 3O3 _/t
Commissioners Go-
P. O. Box 459 O8cg-LE-Y.
Greeley, Colorado 80631
Dear Mr. Carlson:
On December 20, 1978, a final community coordination meeting was held
for Weld County, Colorado. Prior to that meeting our regional representative
provided you with a preliminary draft of the flood insurance study for
the community. This study includes certain base flood elevations and
was prepared pursuant to provisions of the National Flood Insurance Act
of 1968, as amended (Public Law 90-448, signed August 1, 1968) .
The purpose of this letter is to notify your community of the proposed
base flood elevations which will be the basis for the flood plain manage-
ment measures that the community must either adopt or show evidence of
being already in effect in order to qualify or remain qualified for
participation in the National Flood Insurance Program.
Public notification of the proposed base flood elevation determinations
is being given in The Greeley Tribune on or about February 5, 1979 and
February 12, 1979. A copy of this notification is enclosed. In addition,
a notice of Proposed Base Flood Elevation Determinations will be published
in the Federal Register.
Section 110 of the Flood Disaster Protection Act of 1973 (Public Law 93-
234) is intended to assure an equitable balancing of all the interests
involved in the setting of flood elevation determinations. The legislation
provides for an explicit process of notification and appeals for the
community and for private persons prior to this office making the final
flood elevation determinations. We have outlined the appeal procedure
below for your information at this time. The regulations developed by
this agency to implement Section 110 may be found in Part 1917 of Title
24 of the Code of Federal Regulations. Copies of the Act and Regulations
are enclosed.
790912
PL. t7 `/4J
Mr. Norm Carlson
Page Two
During the ninety-day period following the second publication in the
above-named newspaper, any owner or lessee of real property in the
community who believes his property rights will be adversely affected by
the proposed base flood elevation determinations may appeal to you, or
to an agency that you publicly designate. The sole basis for such
appeals is the possession of knowledge or information indicating that
the proposed base flood elevation determinations are scientifically or
technically incorrect. Only appeals of the proposed base flood eleva-
tions can be considered before the Federal Insurance Administration
(FIA) makes its final determination at the end of the ninety-day period.
Note that the ninety-day period is statutory and cannot be extended.
Appeals of the proposed base flood elevations shall be based only upon
scientific and technical evidence contrary to that in the FIA Study.
However, appeals or inquiries regarding data other than the proposed
base flood elevations (i.e. , incorrect street names, typographical
errors or omissions, etc. ) , will be considered by FIA, and any necessary
revisions will be made before the Flood Insurance Study and Rate Map
become effective.
If your community cannot submit technical data before FIA issues the
final elevation determination, you may nevertheless submit data at any
time. If warranted, FIA will revise the Rate Map after the effective
date. This means that the Rate Map would be issued with the elevations
as presently indicated, and flood insurance requirements would be enforced
accordingly, until such time as a revision could be made.
Private persons who wish to appeal should present the data that tend to
negate or contradict our findings to you in such form as you may specify.
We ask that you review and consolidate any appeals you may receive, and
issue a written opinion stating whether the evidence presented is suffi-
cient to justify an official appeal on behalf of such persons by the
community in its own name. Whether or not the community decides to
appeal, you must send copies of individual appeals, if any, to this
office as they are received. If we do not receive an appeal from your
community in its own name within ninety days of the second date of
public notification, we shall consolidate and review on their own merits
such individual appeals that you may forward to us and we shall make
such modifications of the proposed elevation determinations as may be
appropriate. If the community decides to appeal in its own name, all
individual appeals must be consolidated into one appeal by you, since,
in this event, we are required to deal only with the local government as
representative of all local interests. Our final decision will be in
writing and copies will be sent to you, to each individual appellant,
and to the state coordinating agency.
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Mr. Norm Carlson
Page Three
The review process will fully take into account any technical or scien-
tific data submitted by the community that tend to negate or contradict
the information upon which the proposed determination is based. The
appeal will be resolved by consultation with officials of the local
government involved, by administrative hearing, or by submission of the
conflicting data to an independent scientific body or appropriate
Federal agency for advice. The reports and other information used in
making the final determination will be made available for public inspec-
tion. Until the conflict of data is resolved, and until the Flood
Insurance Rate Map becomes effective, flood insurance previously avail-
able within the community shall continue to be available under the
Emergency Program, and no person shall be denied the right to purchase
the first level of insurance at chargeable rates.
The decision by the community to appeal, or a copy of its decision not
to appeal, should be filed with this office no later than 90 days following
the second publication of proposed base flood elevations.
You may find it appropriate to call further attention to the proposed
base flood elevation determinations and to the appeal procedure by using
a press release or other public notice.
If warranted by substantive changes, this office will revise and send to
you during the appeal period copies of the Preliminary Flood Insurance
Study and Rate Map. The Revised Preliminary will include all appropriate
comments and corrections resulting from the final coordination meeting
held December 20, 1978. At the end of the 90-day appeal period and
following the resolution of any appeals, we shall send you the PROOF
copy of the study with a letter of final base flood elevation determinations.
If there are further questions regarding the flood elevation determi-
nations or the Flood Insurance Study for the community, please contact
the Office of Federal Insurance Administration Regional Director in
Denver at (303) 837-5041 or members of my staff in Washington, D.C. , at
(202) 472-2623.
Sincerely,
Gloria M. Jimenez
Federal Insurance Administrator
By Richard W. Krimm
Assistant Administrator
for Flood Insurance
Enclosures
PROPOSED FLOOD ELEVATION DETERMINATIONS FOR
WELD COUNTY, COLORADO
AGENCY: Federal Insurance Administration, HUD.
ACTION: Proposed rule.
SUMMARY:
Technical information or comments are solicited on the proposed
base (100-year) flood elevations listed below for selected locations in
Weld County, Colorado.
These base (100-year) flood elevations are the basis for the flood
plain management measures that the community is required to either adopt
or show evidence of being already in effect in order to qualify or
remain qualified for participation in the National Flood Insurance
Program (NFIP) .
DATES:
The period for comment will be ninety (90) days following the
second publication of this proposed rule in a newspaper of local circulation
in the above-named community.
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ADDRESSES:
Maps and other information showing the detailed outlines of- the
flood-prone areas and the proposed base (100-year) flood elevations are
available for review at County Planner's Office, Department of Planning
Services, Weld County Centennial Building, 915 Tenth Street, Greeley,
Colorado.
Send comments to: Mr. Norm Carlson, Chairman, Board of County
Commissioners, Weld County, P.O. Box 459, Greeley, Colorado 80631.
FOR FURTHER INFORMATION CONTACT:
Mr. Richard Krimm, Assistant Administrator
Office of Flood Insurance
(202) 755-5581 or Toll Free Line (800) 424-8872
Room 5270
451 Seventh Street, SW.
Washington, D.C. 20410
SUPPLEMENTARY INFORMATION:
The Federal Insurance Administrator gives notice of the proposed
determinations of base (100-year) flood elevations for Weld County, Colorado,
in accordance with section 110 of the Flood Disaster Protection Act of
1973 (Pub. L. 93-234) , 87 Stat. 980, which added section 1363 to the
National Flood Insurance Act of 1968 (Title XIII of the Housing and
Urban Development Act of 1968 (Pub. L. 90-448) ) , 42 U.S.C. 4001-4128,
and 24 CFR 1917.4(a) .
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These elevations, together with the flood plain management measures
required by Section 1910.3 of the program regulations, are the minimum
that are required. They should not be construed to mean the community
must change any existing ordinances that are more stringent in their
flood plain management requirements. The community may at any time enact
stricter requirements on its own, or pursuant to policies established by
other Federal, State, or regional entities. These proposed eleva-
tions will also be used to calculate the appropriate flood insurance premium
rates for new buildings and their contents and for the second layer of
insurance on existing buildings and their contents.
The proposed base (100-year) flood elevations for selected locations
are:
Elevation, feet,
National Geodetic
Source of Flooding Location Vertical Datum
South Platte River Confluence with the 4601
Cache La Poudre River
Weld County Road- 4612
50 feet*
U.S. Highway 34-at 4624
centerline
U.S. Highway 34 Bypass- 4627
at centerline
37th Street and County 4639
Road 54-at centerline
Union Pacific Railroad- 4650
at centerline
14th Street-at centerline 4886
State Highway 52-50 feet* 4898
U.S. Highway 34 Levee County Road 45 1/2-at 4614
Overflow Channel centerline
U.S. Highway 34 Levee- 4622
centerline
* Upstream from centerline
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Elevation, feet,
National Geodetic
Source of Flooding Location Vertical Datum
Cache La Poudre River Fern Avenue-at 4613
centerline
Ash Avenue-100 feet* 4627
U.S. Highway 85-at 4638
centerline
Union Pacific Railroad- 4645
at centerline
25th Avenue-at centerline 4662
35th Avenue and County 4669
Road 35-50 feet*
Colorado and Southern 4683
Railroad-100 feet*
50th Avenue-100 feet* 4691
Sheep Draw West C Street-100 feet* 4706
West 47th Street-150 feet* 4725
U.S. Alternate Highway 4744
34-150 feet*
71st Avenue-50 feet* 4772
83rd Avenue-200 feet* 4806
Stock Pond Dam-75 feet** 4824
Stock Pond Dam-125 feet* 4831
County Road 58-30 feet** 4844
County Road 58-25 feet* 4852
Ashcroft Draw 49th Street-at centerline 4678
Arrowhead Dam-90 feet** 4745
Arrowhead Dam-50 feet* 4755
65th Avenue-80 feet* 4762
Eaton Draw 6th Avenue-at centerline 4647
U.S. Highway 85-275 feet** 4652
U.S. Highway 85-75 feet* 4660
County Road 64-200 feet* 4685
Union Pacific Railroad 4690
(1st crossing)-at
centerline
Union Pacific Railroad 4700.
(1st crossing)-185 feet*
County Road 74-150 feet** 4802
County Road 74-50 feet* 4808
County Road 75-50 feet* 4817
County Road 76-75 feet* 4837
Union Pacific Railroad 4838
(2nd crossing)-75 feet**
Union Pacific Railroad 4845
(2nd crossing)-50 feet*
* Upstream from centerline
** Downstream from centerline
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Elevation, feet,
National Geodetic
Source of Flooding Location Vertical Datum
Tri-Area Drainageway Confluence with Tri- 4960
Area Drainageway
Overflow Channel
1st Street-at centerline 4970
County Road 14-70 feet** 5006
County Road 14-40 feet* 5012
Tri-Area Drainageway Confluence with Tri- 4960
Overflow Channel Area Drainageway
Divergence from Tri-Area 4970
Drainageway
Depth, Feet
Source of Flooding Location Above Ground
Cache La Poudre River 750 feet east of the 2
intersection of
U.S. Highway 85 and
County Road 41
400 feet north of 2
State Highway 263
between County Roads
43 and 41 1/2
* Upstream from centerline
** Downstream from centerline
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PUBLIC LAW 95-128-OCP. 12, 1977
TITLE VII-FLOOD AND RIOT INSURANCE
EXTENSION OP NATIONAL FLOOD INSURANCE PROGRAM '.
SEC. 701. (a) Section 1319 of the National Flood Insurance Act of
42 USC 4026. 1968 is amended by striking out "September 30, 1977" and inserting
in lieu thereof"September 30,1978".
42 USC 4056. (b) Section 1336(a) of such Act is amended by striking out"Sep-
tember 30, 1977" and inserting in lieu thereof "September 30, 1978". e
FLOOD INSURANCE Si uDIES - -
Ste. 702- Section 1376(c) of the National Flood Insurance Act of
42 USC 4127. .1968 is amended by inserting the following before the period at the
end thereof: "and not to exceed $108,000,000 for the fiscal year 1978".
. BANCTION8 - -.
SEC.703. (a) Section 202(b) of the Flood Disaster Protection Act of
. 42 USC 4106. 1973 is amended to read as follows:
"(b) In addition to the requirements of section 1364 of the National
42 USC 4104a. Flood Insurance Act of 1968,each Federal instrumentality described
• in such section shall by regulation require the institutions described
in such section to notify (as a condition of making,increasing,extend-
ing, or renewing any loan secured by property described in such sec- I
lion) the purchaser or lessee of such property of whether in the event
of a disaster caused by flood to such property, Federal disaster relief
assistance will be available to such property.".
42 USC 4003- (b) Section 3(a)(4) of such Act is amended by striking out all
after "mortgages or mortgage loans" and inserting in lieu thereof
the following: "but shall exclude assistance pursuant to the Disaster
42 USC 5121 Relief Act of 1974 (other than assistance under such Act in connec-
note. tion with a flood);".
FLOOD INSURANCE PROGRAM IMPROVEMENTS
Ste. 704. (a) Section 1306(b) of the National Flood Insurance Act
42 USC 4013. Of 1968 is amended by striking out paragraph (2) and inserting in
• lieu thereof the following:
"(2) in the case of any residential property-for which the risk
premium rate is determined in accordance with the provisions
42 USC 4014. of section 1307(a)(1),additional flood insurance in excess of the •
limits specified in clause (i) of subparagraph (A) of paragraph
(1) shall be made available to every insured upon renewal and
every applicant for insurance so as to enable such insured or appli-
cant to receive coverage up to an amount of $150,000 under the
provisions of this clause;
"(3) in the case of any residential property for which the risk
premium rate is determined in accordance with the provisions of
section 1307(a)(1), additional flood insurance in excess of the
limits specified in clause (ii) of subparagraph (A) of paragraph
(1) shall be made available to every insured upon renewal and
every applicant for insurance so as to enable any such insured or
applicant to receive coverage up to an amount of $50,000 under• 1!
the rovisionsofthisclause-
"(4) in the case of business property owned,leased,or operated
by small business concerns for which the risk premium rate is
determined in accordance with the provisions of section 1307
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PUBLIC LAW 95-.128—Oa. 12, 1977
(a)(1),additional flood insurance in excess of the limits specified
in subpargraph (B) of paragraph (1) shall be made available
to every such owner, lessee, or operator in respect to any single @ t
structure, including any contents thereof, related to premises of }
small business occupants (as that term is defined by the Secre-
tary), up to an amount equal to (i) $250,000 plus (ii) $200.000
multiplied by the number of such occupants which coverage shall . "'1
be allocated among such occupants (or among the occupant or -
occupants and the owner) in accordance with the regulations
prescribed by the Secretary pursuant to such subparagraph (B),
except that the aggregate liability for the structure itself may in
no case exceed$950,000; tit
"(5) any flood insurance coverage which may be made avail- .
able in excess of the limits specified in subparagraph (A), (B),
or (C) of paragraph (1). shall be based only on chargeable
premium rates under section 1308 which are not less than the
- estimated premium rates under section 1307(a) (1), and the
amount of such excess coverage shall not in any case exceed an
amount equal to the applicable limit so specified (or allocated)
under paragraph (1)(C), (2), (3), or (4), as applicable; and
"(6) the flood insurance purchase requirements of section 102 •
of the Flood Disaster Protection Act of 1973 do not apply to the 42 USC 4012a.
additional flood insurance limits made available in excess of
twice the limits made available under paragraph (1).".
(b) Section 1362 of such Act is amended— - . 42 USC 4103.
1) by inserting"(a)"after"SEC.136.2.";
i
(2) by striking out paragraph(3) and inserting in lieu thereof
the following: -
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"(3) incurred significant flood damage on not less than three
previous occasions over a five-year period of time and on each
occasion the;Cost of repair, on the average, equaled or exceeded
25 per centum of the value of the structure at the time of each
flood event or was damaged substantially beyond repair by flood
while so covered,"; and
(3) by adding at the end thereof the following:
"(b) When any real property referred to in paragraphs (1) and Real property •
(2) of subsection (a) has sustained damage as a result of a single purchases.
casualty of any nature under such circumstances that a statute,ordi-
nance or regulation precludes its repair or restoration or permits
repair or restoration only at a significantly increased construction
cost,the Secretary may enter into negotiations with the owner of the
property or interest therein for the purchase of such property for the
uses and purposes of this section. :: . .
"(c) Whenever,as a result of damage from any casualty,the repair, Low-interest
reconstruction, or substantial improvement of any single-family loans for
dwelling structure located within a regulatory floodway and insured single-family
under the flood insurance progtam is deemed by the Secretary to be dwellings.
made more effective from the standpoint of prudent flood plain man- i°
agement by elevation of the structure so it will not•interfere with the
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flow of water from the base flood within such regulatory floodway, 1.
the Secretary is authorized to make a low-interest loan at a rate of ;;
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interest of 2 per centum per annum, repayable in ten years, to the 1V
owner of any such structure for the purpose of so elevating the struc- },
• ture. There is authorized to be appropriated for purposes of imple-
menting this subsection not to exceed$1,500,000. -
"(d) The Secretary is authorized to issue such regulations as may Regulations:
be necessary to carry out the purposes of this section.".
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PUBLIC LAW 95-128-9Cr. 12, 1977 •
42 USC 4104. • (c) Section 1 363 of such Act is amended •
—
• (I) by rec$signating subsection (f) as subsection (g) ; and ^-7L.;
Reimbursement "(f)(2) by inserting after subsection (e) the following: � t;
• certain When, incident to any appeal under subsection (b) or (c), the
owner or lessee of real property or the community,as the case may be,
• expenses. incurs expense in connection with the services of surveyors,engineers, `- 1�
or similar services,but not including legal services,in the effecting of Fi
an appeal which is successful in whole or part, the Secretary shall
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reimburse such individual .or -community to an extent measured by , o
the ratio of the successful portion of the appeal as compared to the
• entire appeal and applying such ratio to the reasonable i'alue of all . ;Z_'_
such services, but:no reimbursement shall be made by the Secretary
- in respect to any lee or expense payment,the payment of which was -
Appropriation agreed to be contingent upon the result of the appeal.There is author- '•
authorization. ized to be appropriated for purposes of implementing this subsection,
not to exceed$290000.".
42 USC 4105. (d) Section 201 of the Flood Disaster Protection Act of 1973 is '
amended by adding at the end thereof the following:
_: Administrative . "(e) The Secretary is authorized to establish administrative proce-
procedures, dates whereby the identification under this section of one or more i
establishment areas in the community as having-,o special flood hazards may be
appealed to the Secretary by the community or any owner or lessee '
of real property:isithin the community who believes his property has 1
been inadvertently included in a special-flood hazard area by the i
' Reimbursement identification. Whep,incidentto any appear under this subsection,the j - of certain owner or lessee of_real property or the community, as the case may expenses. be, incurs expense in-cmmection with the•scrvices of surveyors,engi- i
- Beers,or similar services,but not including legal services,in the effect-
ing of an appeal which is successful.in whole or part,'the Secretary
shall reimburse suchindividual or community to an extent measured .
by the ratio of the•snccessful portion of the appeal as compared to
the entire appeal an3"applying such ratio to the reasonable value of i
all such services,but no reimbursement shall be made by the Secretary-
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. in respect to anycfee or expense payment, the payment of which was
agreed to be contingent upon the result of the appeal.There is author-
Appropriation ized to be appropriated for purposes of implementing this subsection
authorization. not to exceed"$2x0,000.".
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Public Law 93-383
93rd Congress, S. 3066
August 22, 1974 •
FLOOD INSURANCE PROGRAM
SEC.816. (a) Chapter III of title XIII of the Housing and Urban
42 USC 4101. Development Act,of 1968 is amended by adding at the end thereof the
following new section:
"NOTICE OF FLOOD HAZARDS
42 USC 4104a. "SEC.1364. Each Federal instrumentality responsible for the super-
vision, approval, regulation, or insuring of banks, savings and loan
associations, or similar institutions shall by regulation require such
institutions,as a condition of making,increasing,extending,or renew-
ing
(after the expiration of thirty days following the date of the
enactment of this section) any loan secured by improved real estate or
a mobile home located or to be located in an area that has been iden-
e7 stet, 975. tilled by the Secretary under this title or Public Law 93-234 as an area
t having special flood hazards, to notify the purchaser or lessee (or
obtain satisfactory assurances that the seller or lessor has notified the
purchaser or lessee) of such special flood hazards,in writing,a reason-
able period in advance of the signing of the purchase agreement,lease,
or other documents involved in the transaction."
42 USC 4014. (b) Section 1307 of such Act is amended by adding at the end thereof
the following new subsection:
Flood insure- "(e) Notwithstanding any other provision of law, any community
anoe, that has made adequate progress, acceptable to the Secretaryry, on the
billty. construction of a flood protection system which will afford floodpro-
tection for the one-hundred year frequency flood as determined by the
Secretary,shall be eligible for flood insurance under this title (if and
to the extent it is eligible for such insurance under the other provi-
sions of this title) at premium rates not exceeding those which would
be applicable under this section if such flood protection system had
been completed. The Secretary shall find that adequate progress on
the construction of a flood protection system as required herein has been only if (1) 100 percent of the project cost of the system has been
authorized, (2) at least 60 percent of the project cost of the system has -been appropriated, (3) at least 50 percent of the project cost of the
system has been expended, and (4) the system is at least 50 percent completed." -
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U.S.Department of Housing and Urban Development
cti r
Federal Register
Reprint
Vole 43, No. 56, pe11862
Mach 22, 1978.
DEPARTMENT OF HOUSING AND - Administrator for Flood Insurance, tance for acquisition or construction pur-
URBAN DEVELOPMENT - Office of Flood Insurance, Federal -'poses" under the Flood Disaster Protection
Insurance Administration, Washing- Act of 1973 (Pub. L. 93-234) to exclude dl-
Federal Insurance Adninishatien ton,D.C. 20410,202-755-5381. - caster assistance pursuant to the Disaster
Relief Act of 1974 (Pub.-L 93-238) unless
(Docket No.N-78-8423 SUPPLEMENTARY INFORMATION: flood-related.
In transposing matter from previous - -
MANDATORY PURCHASE OF FOOD guidelines on the mandatory purchase CORRECTION
INSURANCE of flood insurance issued by the Feder-
al Insurance Administration (39 FR On page 7146, paragraph B(4)(g) of
Guidelines;Revision and CenMion
26186-93, July 17, 1974) there was in- "General Guidelines for Lenders" is
AGENCY:Federal Insurance Adminis- advertently included in the February amended to read as follow&
tration. Department of Housing and 17. 1978 issuance matter which is no (s) � loan is made after March 2,
Urban Development. longer accurate, in view of section 1974, and is subject to the insurance pur-
1 ACTION:Notice. 703(a) of Pub. L. 95-128. In addition, chase requirement of the Act and the coin-
matter was added to the February 17, munity in which the property is located
SUMMARY: This revision and correc- 1978 issuance which is extraneous to )nae% its eligibility for the sale of flood in-
tion to the revised Guidelines pub- the Federal Insurance Arlministra- surance, flood Insurance is no longer avail-
lished in Docket No. N-78-842 appear-. tion's issuance, it being more properly able at the time of policy renewal.Such an
ing at page 7142 in the FEDERAL REGIS- reserved for exposition by the Federal existing loan does not have to be called in
nit of Friday, February 17, 1978 are Disaster Assistance Administration. - those circumstances
being made so as to more accurately :REVISION: In Docket No. N-78-842 Dated:March 14,1978.
articulate the effect of certain of the appearing at page 7142 in the FEDERAL
amendments to P.L. 95-128, the Haus- (42 U.S.C.4128.)
Rec1sTE•t of Friday,February 17,1978,
ing and Community Development Act the foLowing charge should be made:
of 1977, affecting the National Flood On page 7142, under the heading PATRICIARoanaa RABBIS,
Insurance Program. "€upplernentary Information" the Secretary,
EFFECTIVE DATE:March 22, 1978. sixth paragraph is changed to read as
FOR FURTHER INFORMATION follows: - _ - Housing and Urban Development
CONTACT: The first,section 703(b)of rub.L 95-128, - . . -
Mr. Richard W. Krimm. Assistant amended the definition of "financial ass CFR Doc.78-7545 Plied 3-8-T8:8:45 am}
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