# Proposed Flood Elevation Determinations > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A00-2805 ## Record - **Collection:** Federal Register - **Document type:** Proposed Rule - **Published:** February 8, 2000 - **Citation:** 65 FR 6105 ## Text FEDERAL EMERGENCY MANAGEMENT AGENCY 44 CFR Part 67 [Docket No. FEMA-7310] 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% 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 2. The tables published under the authority of § 67.4 are proposed to be amended as follows: § 67.4 [Amended] State City/town/county Source of flooding Location # Depth in feet above ground. *Elevation in feet. (NGVD) Existing Modified Arizona Santa Cruz County (Unincorporated Areas) Tubac Creek At confluence with Santa Cruz River None *3,192 Approximately 0.35 mile (1,850 feet) upstream of Interstate 19 None *3,263 Tubac Creek North Channel At confluence with Santa Cruz River None *3,189 At divergence from Tubac Creek approximately 680 feet upstream of Calle De Olivas None *3,251 Tributary 1 of Tubac Creek At confluence with Tubac Creek None *3,213 At approximately 0.229 mile (1,210 feet) upstream of Interstate 19 None *3,250 Tributary 2 of Tubac Creek At confluence with Tubac Creek None *3,195 Immediately downstream of East Frontage Road None 3,222 Maps are available for inspection at Floodplain Administrator, 2150 N. Congress Drive, Nogales, Arizona. Send comments to The Honorable Dennis Miller, County Manager, 2150 N. Congress Drive, Nogales, Arizona 85621. Iowa Johnston (City) Polk County Beaver Creek Approximately 1,550 feet above its confluence with Des Moines River None *805 At NW 70th Avenue *822 *824 Maps are available for inspection at City Hall, 6221 Merle Hay Road, Johnston, Iowa. Send comments to The Honorable Dallas Patterson, Mayor, City of Johnston, P.O. Box 410, Johnston, Iowa 50131. Iowa Urbandale (City) Polk County Beaver Creek Approximately 1,000 feet upstream of Merle Hay Road *800 *811 Approximately 3,600 feet upstream of Merle Hay Road *810 *812 Maps are available for inspection at Community Development Department, City Hall, 3315 70th Street, Urbandale, Iowa. Send comments to The Honorable Brad Zaun, Mayor, City of Urbandale, 3315 70th Street, Urbandale, Iowa 50322. Louisiana Tangipahoa Parish (Unincorporated Areas) Ponchatoula Creek At Old Genessee Road None *54 Approximately 1,100 feet from confluence with Ponchatoula Creek Tributary 2 None *60 Ponchatoula Creek Tributary 1 At confluence with Ponchatoula Creek None *55 Approximately 3,300 feet upstream from confluence with Ponchatoula Creek None *57 Ponchatoula Creek Tributary 2 At confluence with Ponchatoula Creek None *58 Approximately 2,200 feet upstream from confluence with Ponchatoula Creek None *60 Maps are available for inspection at Parish Permit Office, 15481 Club Deluxe Road, Hammond, Louisiana. Send comments to The Honorable Gordon Burgess, Parish President, P.O. Box 215, Amite, Louisiana 70422. Louisiana Village of Tickfaw (Tangipahoa Parish) Ponchatoula Creek Approximately 2,950 feet downstream from Highway 442 None *60 At Niccio Road None *65 Ponchatoula Creek Tributary 1 Approximately 1,100 feet downstream from the Illinois Central Gulf Railroad None *57 Approximately 3,000 feet upstream from State Highway 442 None *63 Ponchatoula Creek Tributary 2 Approximately 1,800 feet downstream from Chapel Road None *60 At Chapel Road None *61 Maps are available for inspection at City Hall, 50081 Highway 51, Tickfaw, Louisiana. Send comments to The Honorable Anthony Lamonte, Mayor, Village of Tickfaw, P.O. Box 249, Tickfaw, Louisiana 70466. Louisiana West Baton Rouge Parish and Incorporated Areas Lateral 1-C At the confluence with the Gulf Intracoastal Waterway *9 *9 At intersection with Interstate 10 *11 *10 At intersection with State Highway 986 *17 *16 Oaks Avenue Canal At the confluence with the Gulf Intracoastal Waterway None *10 Just upstream of LeBlanc Road None *19 Oaks Avenue Canal Tributary No. 1 At the confluence with Oaks Avenue Canal None *10 Just upstream of South Jefferson Avenue None *25 Maps are available for inspection at Parish Zoning Office, 880 North Alexander, Port Allen, Louisiana. Send comments to The Honorable Ted Denster, Parish President, P.O. Box 757, Port Allen, Louisiana 70767. Maps are available for inspection at City Hall, 750 N. Jefferson Avenue, Port Allen, Louisiana. Send comments to The Honorable Marilyn Robertson, Mayor, City of Port Allen, 750 N. Jefferson Avenue, Port Allen, Louisiana 70767. Missouri Creve Coeur (City) St. Louis County Monsanto Sunswept Creek Approximately 950 feet downstream of Private Bridge *531 *532 Just upstream of Chilton Lane None *561 Maps are available for inspection at City Hall, 300 North New Ballas Road, Creve Coeur, Missouri. Send comments to The Honorable Annette Kolis-Mandel, Mayor, City of Creve Coeur, 300 North New Ballas Road, Creve Coeur, Missouri 63141. Missouri Des Peres (City) St. Louis County Des Peres Creek At confluence with Sugar Creek *448 *450 Approximately 450 feet upstream of Hospital Drive *460 *459 Sugar Creek Approximately 1,150 feet downstream of Old Dougherty Ferry Road *445 *446 Just upstream of Interstate 270 *463 *462 Maps are available for inspection at City Hall, 12325 Manchester Road, Des Peres, Missouri. Send comments to The Honorable Sharon Burkhardt, Mayor, City of Des Peres, 12325 Manchester Road, Des Peres, Missouri 63131. Missouri Frontenac (City) St. Louis County Deer Creek Just upstream of Lindbergh Boulevard *523 *524 Approximately 3,300 feet upstream of Spoede Road *541 *542 Monsanto Sunswept Creek Approximately 400 feet downstream of Glen Abbey Road *527 *528 Approximately 180 feet upstream of Glen Abbey Road *527 *528 Maps are available for inspection at City Hall, 10555 Clayton Road, Frontenac, Missouri. Send comments to The Honorable Mark C. Brennan, Mayor, City of Frontenac, 10555 Clayton Road, Frontenac, Missouri 63131. Missouri Kirkwood (City) St. Louis County Sugar Creek Just upstream of Interstate 270 *463 *462 Approximately 150 feet upstream of Interstate 270 *463 *462 Maps are available for inspection at City Hall, 139 South Kirkwood Road, Kirkwood, Missouri. Send comments to The Honorable Marge Schramm, Mayor, City of Kirkwood, 139 South Kirkwood Road, Kirkwood, Missouri 63122. Missouri St. Louis County (Unincorporated Areas) Grand Glaize Creek Approximately 400 feet upstream of Dougherty Ferry Road *441 *442 Approximately 3,000 feet upstream of Dougherty Ferry Road *445 *446 Maps are available for inspection at the Department of Planning, 41 South Central Avenue, Clayton, Missouri. Send comments to The Honorable Buzz Westfall, St. Louis County Executive, 41 South Central Avenue, Clayton, Missouri 63105. Missouri Valley Park (City) St. Louis County Grand Glaize Creek Grand Glaize Creek Maps are available for inspection at City Hall, 320 Benton Street, Valley Park, Missouri. Send comments to The Honorable Daniel Adams, Mayor, City of Valley Park, City Hall, 320 Benton Street, Valley Park, Missouri 63088. Missouri Westwood (Village) St. Louis County Deer Creek Approximately 3,300 feet upstream of Spoede Road *541 *542 Approximately 4,500 feet upstream of Spoede Road None *549 Maps are available for inspection at 9 Westwood Country Club Ground Road, Westwood, Missouri. Send comments to The Honorable Phillip Isserman, Chairman, Board of Trustees, Village of Westwood, 9 Westwood Country Club Gardens, Westwood, Missouri 63131. Nevada Washoe County and Incorporated Areas Golden Valley Wash Approximately 2,180 feet upstream of Tholl Drive None 4,981 Approximately 2,700 feet upstream of Spearhead Way None *5,176 Hidden Valley Wash Approximately 1,800 feet upstream of its confluence with Steamboat Creek None *4,442 Approximately 3,420 feet upstream of Parkway Drive None *4,647 Sun Valley Wash At the Sun Valley Flood Control Detention Dam *4,445 *4,548 At East 7th Avenue None *4,725 Sun Valley Wash Split Flow At convergence with Sun Valley Wash None 4,647 At divergence from Sun Valley Wash None *4,695 Maps are available for inspection at Washoe County Engineering Department, 1001 E. 9th Street, Reno, Nevada. Send comments to The Honorable Jim Galloway, Commission Chairman, P.O. Box 11130, Reno, Nevada 89520. Maps are available for inspection at Engineering Department, 431 Prater Way, Sparks, Nevada. Send comments to The Honorable Tony Armstrong, Mayor, City of Sparks, 431 Prater Way, Sparks, Nevada 89431. North Dakota Fargo (City) Cass County County Drain 45 At County Road 14 (52nd Avenue) None *893 Approximately 2,800 feet upstream of 19th Avenue None *894 Maps are available for inspection at City Hall, 200 N. 3rd Street, Fargo, North Dakota. Send comments to The Honorable Bruce Furness, Mayor, City of Fargo, 200 N. 3rd Street, Fargo, North Dakota 58102. North Dakota Harwood (City) Cass County Sheyenne River At U.S. Highway 81 None *891 Approximately 7,600 feet upstream from County Highway 22 None *894 County Drain 40/45 Approximately 3,600 feet downstream from County Highway 22 None *890 Approximately 1,200 feet upstream from County Drain 40/45 split None *897 Maps are available for inspection at City Hall, 202 Dakota Avenue, Harwood, North Dakota. Send comments to The Honorable Garry Roth, Mayor, City of Harwood, 108 Lind Boulevard, Harwood, North Dakota 58042. North Dakota Reed (Township) Cass County Sheyenne River Approximately 7,400 feet downstream of County Road 17 *893 *894 At 52nd Avenue *895 *896 Approximately 1,600 feet upstream of its confluence with County Drain 21 *898 *898 County Drain 21 At confluence with the Sheyenne River *898 *898 Approximately 900 feet upstream of its confluence with the Sheyenne River None *898 County Drain 45 Approximately 5,800 feet downstream of 52nd Avenue None *893 At County Road 20 None *893 Maple River At its confluence with the Sheyenne River None *897 Approximately 480 feet upstream of its confluence with the Sheyenne River None *897 Maps are available for inspection at City Hall, 7420 40th Avenue North, Fargo, North Dakota. Send comments to The Honorable Gene Johnson, Mayor, Reed Township, 7420 40th Avenue North, Fargo, North Dakota 58103. North Dakota Reiles Acres (City) Cass County County Drain 45 Approximately 5,400 feet downstream from 32nd Avenue None *893 Approximately 3,000 feet upstream from 32nd Avenue None *893 Maps are available for inspection at 3348 45th Street N.W., Reiles Acres, North Dakota. Send comments to The Honorable David Baumann, Mayor, City of Reiles Acres, 3545 46th Street N.W., Fargo, North Dakota 58108. North Dakota West Fargo (City) Cass County Sheyenne River Approximately 8,700 feet downstream from 19th Avenue None *898 At confluence with County Drain 2 None *899 County Drain 21 Approximately 1,400 feet downstream from Township Road *898 *898 At divergence of County Drain 21 outlet structure None *899 Maps are available for inspection at City Hall, 800 4th Avenue East, West Fargo, North Dakota. Send comments to The Honorable David Stedman, Mayor, City of West Fargo, 800 4th Avenue East, West Fargo, North Dakota 58078. South Dakota North Sioux (City) Union County Big Sioux River Approximately 5,900 feet downstream from Military Road *1,100 *1,101 Approximately 7,425 feet upstream from the Chicago Milwaukee St. Paul and Pacific Railroad *1,109 *1,108 Big Sioux River Split at Interstate 29 Approximately 50 feet downstream from Westshore Drive None *1,109 At divergence from Big Sioux River None *1,110 Maps are available for inspection at City Hall, 301 Military Road, North Sioux City, South Dakota. Send comments to The Honorable Lieser Hallwas, Mayor, P.O. Box 338 North Sioux City, South Dakota 57049. South Dakota Union County (Unincorporated Areas) Big Sioux River At mouth of Big Sioux River *1,090 *1,090 At Interstate 29 None *1,094 At State Route 48 None *1,143 Approximately 1,800 feet downstream of Westshore Drive None *1,108 Big Sioux River Split at Interstate 29 At divergence from Big Sioux River None *1,110 Maps are available for inspection at Union County Planning and Zoning Office, 209 East Main, Elk Point, South Dakota. Send comments to The Honorable Roger Boldenow, Chairman, Union County Commissioners, County Courthouse, 209 East Main Street, Elk Point, South Dakota 57025. Texas Gillespie County and Incorporated Areas Baron's Creek Approximately 4,000 feet upstream of U.S. Highway 290 *1,611 *1,611 Approximately 4,200 feet upstream of U.S. Highway 290 *1,611 *1,612 Downstream of East Main Street *1,649 *1,650 Stream FB-1 At confluence with Baron's Creek *1,641 *1,641 Approximately 1,500 feet upstream of confluence with Baron's Creek *1,646 *1,647 Approximately 1,950 feet upstream of Lower Crabapple Road None *1,780 Town Creek Approximately 60 feet downstream of Edison Street *1,710 *1,710 Approximately 200 feet upstream of Schubert Road *1,712 *1,711 Approximately 2,150 feet upstream of Morse Street None *1,751 Pedernales River At Gillespie/Blanco County Line None *1,398 Approximately 3,100 feet upstream of Cellemar Lane None *1,473 Salt Branch At confluence with Pedernales River None *1,442 Approximately 4,300 feet upstream of Highway 290 None *1,473 Stream SB-1 At confluence with Salt Branch None *1,444 Approximately 5,800 feet upstream of Highway 290 None *1,465 Split Flow #1 At convergence with Pedernales River None *1,422 At divergence from Pedernales River None *1,435 Maps are available for inspection at City Hall, 126 W. Main Street, Fredericksburg, Texas. Send comments to The Honorable Linda Langerhans, Mayor, City of Fredericksburg, P.O. Box 111, Fredericksburg, Texas 78624. Maps are available for inspection at Gillespie County Floodplain Department, 101 West Main, Unit #9, Fredericksburg, Texas. Send comments to The Honorable Mark Stroeher, County Judge, 101 West Main, Unit #9, Fredericksburg, Texas 78624. Texas Tom Green County (Unincorporated Areas) Red Arroyo Just downstream of eastbound Route 67 None *1,888 Approximately 1,300 feet upstream of earthen lake dam None *1,987 Stream RA-1 At confluence with Red Arroyo None *1,897 Just downstream of O.C. Fisher Dam spillway None *1,928 Stream RA-2 At confluence with Red Arroyo None *1,898 Just upstream of Arden Road None *1,941 Goodfellow Draw 120 feet downstream of Stock Tank Dam None *1,805 790 feet upstream of Stock Tank Dam None *1,810 Maps are available for inspection at the Public Health Building, Two City Hall Plaza, San Angelo, Texas. Send comments to The Honorable Michael D. Brown, Judge, Tom Green County, County Courthouse, 112 West Beauregard Street, San Angelo, Texas 76902. Washington Whatcom County and Incorporated Areas Johnson Creek At the confluence with Sumas River None *38 Approximately 1,500 feet upstream of South Pass Road None *85 Nooksack River At Bellingham Bay None *8 Approximately 600 feet downstream of Burlington Northern Railroad, at the confluence with South Fork *226 *222 Nooksack River Right Overbank Divided Flow At Lummi Bay None *8 Approximately 800 feet upstream of River Road None *26 Middle Fork Nooksack River At the confluence with North Fork Nooksack River None *284 Approximately 11,500 feet upstream of the confluence of Canyon Creek None *406 North Fork Nooksack River At the confluence with South Fork Nooksack River None *222 Approximately 35,600 feet (7 miles) upstream from Mosquito Lake Road None *466 South Fork Nooksack River At the confluence with North Fork Nooksack River *226 *222 Approximately 7,400 feet upstream of Saxon Road *386 *385 Whatcom County Incorporated Areas (Cont'd) South Fork Nooksack River Divided Flow At Burlington Northern Railroad None *246 At Acme Road None *280 Samish River Approximately 2,900 feet downstream of Wickersham Road at the County Boundary None *267 At Burlington Northern Railroad None *311 Squalicum Creek Approximately 200 feet upstream of Chicago, Milwaukee, St. Paul and Pacific Railroad None *127 Approximately 2,000 feet upstream of Dewey Road None *206 Sumas River Approximately 1,700 feet downstream of Jones Road at the International Boundary None *34 Approximately 1,000 feet upstream of Massey Road None *93 Sumas River Left Overbank Divided Flow Approximately 200 feet downstream of Telegraph Road None *56 Approximately 6,300 feet upstream of Kadin Road None *69 Terrell Creek Approximately 500 feet downstream of Alderson Road None *8 At Helweg Road None *10 Maps are available for inspection at Whatcom County Public Works Department, Division of Engineering, 5280 NW Drive, Suite C, Bellingham, Washington. Send comments to The Honorable Pete Kremen, County Executive, 311 Grand Avenue #108, Bellingham, Washington 98225. Maps are available for inspection at the Community Development Department, 210 Lottie Street, Bellingham, Washington. Send comments to The Honorable Mark Asmundson, Mayor, City of Bellingham, 210 Central Avenue, Bellingham, Washington 98225. Maps are available for inspection at City Hall, 111 W. Main Street, Everson, Washington. Send comments to The Honorable Gena Tolle, Mayor, P.O. Box 315, Everson, Washington 98247. Maps are available for inspection at the Planning Department, 5694 2nd Avenue, Ferndale, Washington. Send comments to The Honorable Yvonne Goldsmith, Mayor, City of Ferndale, 5694 2nd Avenue, Ferndale, Washington 98248. Maps are available for inspection at the Planning Department 2828 Kwina Road, Bellingham, Washington. Send comments to The Honorable Tim Ballew, Tribal Chair, City of Lummi Indian Nation, 2626 Kwina Road, Bellingham, Washington 98226. Maps are available for inspection at the Planning Department, 323 Front Street, Lynden, Washington. Send comments to The Honorable Daryl Brennick, Mayor, City of Lynden, 323 Front Street, Lynden, Washington 98264. Maps are available for inspection at City Hall, 103 W. Madison Street, Nooksack, Washington 98276. Send comments to The Honorable James S. Ackerman, Mayor, City of Nooksack, P.O. Box 4265, Nooksack, Washington 98276. Maps are available for inspection at City Hall, 433 Cherry Street, Sumas, Washington 98295. Send comments to The Honorable Don Peterson, Mayor, City of Sumas, P.O. Box 9 Sumas, Washington 98295. (Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”) Dated: January 28, 2000. Michael J. Armstrong, Associate Director for Mitigation. [FR Doc. 00-2805 Filed 2-7-00; 8:45 am] BILLING CODE 6718-04-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A00-2805. Public record. Not legal advice.