# Proposed Flood Elevation Determinations > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A00-13997 ## Record - **Collection:** Federal Register - **Document type:** Proposed Rule - **Published:** June 5, 2000 - **Citation:** 65 FR 35592 ## Text FEDERAL EMERGENCY MANAGEMENT AGENCY 44 CFR Part 67 [Docket No. FEMA-7322] Proposed Flood Elevation Determinations AGENCY: Federal Emergency Management Agency (FEMA). ACTION: Proposed rule. SUMMARY: Technical information or comments are requested on the proposed base (1-percent-annual-chance) flood elevations and proposed base flood elevation modifications for the communities listed below. The base flood elevations and modified base flood elevations are the basis for the floodplain management measures that the community is required either to adopt or to 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 comment period is ninety (90) days following the second publication of this proposed rule in a newspaper of local circulation in each community. ADDRESSES: The proposed base flood elevations for each community are available for inspection at the office of the Chief Executive Officer of each community. The respective addresses are listed in the following table. FOR FURTHER INFORMATION CONTACT: Matthew B. Miller, P.E., Chief, Hazards Study Branch, Mitigation Directorate, 500 C Street SW, Washington, DC 20472, (202) 646-3461, or (e-mail) matt.miller@fema.gov. SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency proposes to make determinations of base flood elevations and modified base flood elevations for each community listed below, in accordance with Section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR 67.4(a). These proposed base flood and modified base flood elevations, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own, or pursuant to policies established by other Federal, State, or regional entities. These proposed elevations are used to meet the floodplain management requirements of the NFIP and are also used to calculate the appropriate flood insurance premium rates for new buildings built after these elevations are made final, and for the contents in these buildings. National Environmental Policy Act This proposed rule is categorically excluded from the requirements of 44 CFR Part 10, Environmental Consideration. No environmental impact assessment has been prepared. Regulatory Flexibility Act The Associate Director for Mitigation certifies that this proposed rule is exempt from the requirements of the Regulatory Flexibility Act because proposed or modified base flood elevations are required by the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and are required to establish and maintain community eligibility in the NFIP. No regulatory flexibility analysis has been prepared. Regulatory Classification This proposed rule is not a significant regulatory action under the criteria of Section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735. Executive Order 12612, Federalism This proposed rule involves no policies that have federalism implications under Executive Order 12612, Federalism, dated October 26, 1987. Executive Order 12778, Civil Justice Reform This proposed rule meets the applicable standards of Section 2(b)(2) of Executive Order 12778. List of Subjects in 44 CFR Part 67 Administrative practice and procedure, Flood insurance, Reporting and recordkeeping requirements. Accordingly, 44 CFR part 67 is proposed to be amended as follows: PART 67—[AMENDED] 1. The authority citation for Part 67 continues to read as follows: Authority: 42 U.S.C. 4001 et seq. ; Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. § 67.4 [Amended] 2. The tables published under the authority of § 67.4 are proposed to be amended as follows: State City/town/county Source of flooding Location #Depth in feet above ground. *Elevation in feet. (NGVD) Existing Modified Arkansas Benton County and Incorporated Areas Osage/Turtle Creek Just upstream of North 12th Street None * 1,325 Approximately 400 feet upstream of North 6th Street None *1,340 Blossom Way Creek At its confluence with Osage/Turtle Creek None *1,205 At its intersection with South 26th Street None *1,276 Osage Tributary 1 (Horsebarn Tributary) At its intersection with Stoney Brook Road None *1,204 Approximately 700 feet upstream of Horsebarn Road None *1,252 Superior Tributary to Osage/Turtle Creek At its confluence with Osage/Turtle Creek None *1,284 Approximately 1,300 feet upstream of Dixieland Road None *1,314 Tributary 1 of Blossom Way Creek At its confluence with Blossom Way Creek None *1,288 Approximately 3,300 feet upstream of its confluence Tributary 2 of Blossom Way Creek None *1,325 Tributary 2 to Blossom Way Creek At its confluence with Tributary 1 of Blossom Way Creek None *1,299 Approximately 4,300 feet upstream of Honeysuckle Road None *1,332 Tributary 3 to Blossom Way Creek At its confluence with Blossom Way Creek None *1,257 Approximately 1,900 feet upstream from its confluence with Blossom Way Creek None *1,268 Maps are available for inspection at 215 East Central, Suite 8, Room 302, Bentonville, Arkansas. Send comments to the Honorable Cary Anderson, Benton County Judge, 215 East Central, Suite 9, Bentonville, Arkansas 72712. Maps are available for inspection at 207 South Second, Rogers, Arkansas. Send comments to the Honorable Steve Womack, Mayor, City of Rogers, 300 West Poplar, Rogers, Arkansas 72756. Maps are available for inspection at 214 North Lincoln Street, Lowell, Arkansas. Send comments to the Honorable Martha Brown, Mayor, City of Lowell, P.O. Box 129, Lowell, Arkansas 72745. Maps are available for inspection at 315 Southwest A Street, Bentonville, Arkansas. Send comments to the Honorable Terry Coberly, Mayor, City of Bentonville, 117 West Central, Bentonville, Arkansas 72712. Crawford County and Incorporated Areas Tributary 1 At its confluence with Little Frog Bayou None *413 Approximately 350 feet upstream of East Cherry Street None *431 Tributary 2 At its confluence with Tributary 1 None *418 Approximately 275 feet upstream of East Cherry Street None *429 Tributary 4 At its confluence with Little Frog Bayou Tributary None *444 Tributary A Approximately 1,200 feet upstream of its confluence with Little Frog Bayou Tributary None *469 Approximately 650 feet downstream of the Union Pacific Railroad None *411 Lighthouse Drain Just upstream of Arkansas Highway 64 None *434 At its confluence with Tributary A None *414 Approximately 100 feet upstream of Lighthouse Drive None *439 Little Frog Bayou Tributary At its confluence with Little Frog Bayou *423 *426 Just upstream of Maple Shade Road None *508 Maps are available for inspection at 300 Main Street, Room 4, Van Buren, Arkansas. Send comments to the Honorable Jerry Williams, Crawford County Judge, 300 Main Street, Room 4, Van Buren, Arkansas 72956. Maps are available for inspection at 804 Fayetteville Avenue, Suite B, Alma, Arkansas 72921. Send comments to the Honorable Kevin Beaumont, Mayor, City of Alma, 804 Fayetteville Avenue, Suite A, Alma, Arkansas 72921. Russellville (City) Pope County Whig Creek At its intersection with the Union Pacific Railroad *385 *393 Just upstream of Arkansas Highway 64 None *416 Whig Creek Tributary No. 1 At its confluence with Whig Creek None *323 Approximately 500 feet upstream of Arkansas Highway 75 None *326 Whig Creek Tributary No. 2 At its confluence with Whig Creek None *323 Approximately 2,500 feet upstream of the Dardanelle and Russellville Railroad None *323 Prairie Creek At its confluence with Prairie Creek Tributary No. 2 None *374 Approximately 250 feet upstream of Weir Road None *393 Prairie Creek Tributary No. 2 At its confluence with Prairie Creek *374 *374 At its intersection with Weir Road (Arkansas Highway 326) *384 *382 Approximately 2,000 feet upstream of Weir Road None *394 School Drain At its confluence with Prairie Creek None *343 Approximately 2,000 feet upstream of University Drive None *387 Maps are available for inspection at 205 West Second Street, Russellville, Arkansas. Send comments to the Honorable Raye Turner, Mayor, City of Russellville, P.O. Box 428, Russellville, Arkansas 72811. Washington County and Incorporated Areas Middle Fork White River Approximately 12,000 feet upstream of mouth None *1,193 Approximately 3,700 feet upstream of its confluence with Koger Branch None *1,209 Stokenbury Creek At its confluence with the White River None *1,199 Just upstream of Stokenbury Road None *1,446 Koger Branch At its confluence with the Middle Fork White River None *1,202 Approximately 2,700 feet upstream of South Harris Drive None *1,220 Faubus Creek At its confluence with the White River None *1,211 Approximately 4,300 feet upstream of South Center Street None *1,255 Maps are available for inspection at 130 West First Street, Elkins, Arkansas. Send comments to the Honorable Oscar Lisle, Mayor, City of Elkins, P.O. Box 331, Elkins, Arkansas 72727. Maps are available for inspection at 4 South College Avenue, Suite 205, Fayetteville, Arkansas. Send comments to the Honorable Jerry Hunton, Washington County Judge, 280 North College Avenue, Suite 210, Fayetteville, Arkansas 72701. North Dakota Benson County and Incorporated Areas Silver Lake Entire shoreline of Silver Lake None *1,450 Pelican Lake South shoreline of Pelican Lake None *1,450 Spring Lake Spring Lake shoreline None *1,450 Devils Lake Northwest shoreline of Grahms Island None *1,450 Devils Lake shoreline adjacent to Minnewaukan None *1,451 Area East of U.S. Route 281, south of intersection with State Route 19 None *1,453 West Side Woods Rutten Causeway None *1,454 West Side of State Route 57 Causeway south of the Narrows State Recreation Area None *1,455 Maps are available for inspection at the County Courthouse/Tax Equalization Office, 311 B Avenue South, Minnewaukan, North Dakota. Send comments to the Honorable John Grann, Chairperson, Benson County Board of Commissioners, P.O. Box 123, Minnewaukan, North Dakota 58351. Maps are available for inspection at the City Office, 130 Main Street East, Minnewaukan, North Dakota 58351. Send comments to the Honorable Mike Every, Mayor, City of Minnewaukan, P.O. Box 56, Minnewaukan, North Dakota 58351. Maps are available for inspection at the Floodplain Emergency Management—Bureau of Indian Affairs Realty Office, Highway 57, Fort Totten, North Dakota. Send comments to the Honorable Phillip Lonzie, Sr., Tribal Chairperson, P.O. Box 359, Fort Totten, North Dakota 58335. Nelson County (Unincorporated Areas) Stump Lake Entire shoreline of Stump Lake None *1,450 Maps are available for inspection at Nelson County Sheriff's Office, 210 W. B Avenue, Lakota, North Dakota. Send comments to the Honorable Lawrence E. Jahnke, Presiding Judge, 210 W. B Avenue, Lakota, North Dakota 58344. Ramsey County and Incorporated Areas Lake Irvine Entire shoreline of Lake Irvine None *1,450 Lake Alice Entire shoreline of Lake Alice None *1,450 Chain Lake Entire shoreline of Chain Lake None *1,450 Mikes Lake Entire shoreline of Mikes Lake None *1,450 Dry Lake Entire shoreline of Dry Lake None *1,450 Stone Lake Entire shoreline of Stone Lake None *1,450 Pelican Lake North shoreline of Pelican Lake None *1,450 Sixmile Bay Northernmost point of Sixmile Bay None *1,450 West shore of Sixmile Bay None *1,450 East shore Sixmile Bay tow miles south of State Route 19 None *1,451 Creel Bay Entire western shore of Creel Bay None *1,450 Bay side of levee, east shoreline of Creel Bay, one mile North of Lakewood Park None *1,452 Bay side of levee located at southwest side of Devils Lake Municipal airport None *1,455 Devils Lake Approximately 7,000 feet west of 8th Avenue South None *1,451 Approximately 7,000 feet east of 8th Avenue South None *1,452 West side State Route 57 causeway south of the Narrows State Recreational Area None *1,455 East Devils Lake North Shoreline of East Devils Lake None *1,450 Maps are available for inspection at Ramsey County Emergency Management, 425 4th Avenue, Devils Lake, North Dakota. Send comments to the Honorable Arne Berg, County Commission Chairman, HE 1, Box 112, Starkweather, North Dakota 58377. Maps are available for inspection at the Post Office c/o Bill Bartle, 304 Orvis Avenue, Church's Ferry, North Dakota. Send comments to the Honorable Bill Bartle, Mayor, City of Church's Ferry, P.O. Box 156, Church's Ferry, North Dakota 58325. Maps are available for inspection at Ramsey County Emergency Management, 425 4th Avenue, Devils Lake, North Dakota. Send comments to the Honorable Raymond Kaeding, Chairman, Township of Coulee, HCR 1, Box 27, Penn, North Dakota 58362. Maps are available for inspection at Ramsey County Tax Equalization Office, 524 4th Avenue, Devils Lake, North Dakota. Send comments to the Honorable Evan Heutis, Chairman, Township of Creel, Route 5, Box 259, Devils Lake, North Dakota 58301-0259. Maps are available for inspection at the City Offices, 423 6th Street, Devils Lake, North Dakota. Send comments to the Honorable Fred Bolt, Mayor, City of Devils Lake, P.O. Box 1048, Devils Lake, North Dakota 58301. Towner County (Unincorporated Areas) Mauvais Coulee River Section 8 of Township 157N and Range 66W (Panel 650A) None *1,450 Section 36 of Township 157N and Range 66W (Panel 800A) None *1,450 Maps are available for inspection at Sheriff's Office, 315 2nd Street, Cando, North Dakota. Send comments to the Honorable Darwin Daerwald, Chairman, Board of Commissioners, Box 179, Cando, North Dakota 58324. Washington Okanogan County (Unincorporated Areas) Twisp River Approximately 2.18 miles above mouth *1,677 *1,677 Approximately 2.23 miles above mouth None *1,679 At its intersection with the Poorman Creek Cutoff Road Bridge None *1,830 Maps are available for inspection at Okanogan County Planning and Development, 237 Fourth Avenue, Okanogan, Washington. Send comments to the Honorable Ed Thiele, Chairman of the Board of Commissioners, P.O. Box 791, Okanogan, Washington 98840. (Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance”) Dated: May 17, 2000. Michael J. Armstrong, Associate Director for Mitigation. [FR Doc. 00-13997 Filed 6-2-00; 8:45 am] BILLING CODE 6718-04-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A00-13997. Public record. Not legal advice.