Proposed Flood Elevation Determinations

Federal RegisterApr 27, 2001

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FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 67

[Docket No. FEMA-B-7413]

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:

State

City/town/county

Source of flooding

Location

#Depth in feet above ground. *Elevation in feet. (NGVD)

Existing

Modified

California

Lassen County (Unincorporated Areas)

Robbers Creek

At confluence with Robbers Creek Left Channel below Mill Pond

None

*5,047

Approximately 250 feet upstream of State Highway 36

None

*5,115

Robbers Creek Left Channel Below Mill Pond

At confluence with Robbers Creek

None

*5,047

At the Mill Pond Embankment (approximately 1,600 feet upstream of Delwood Street)

None

*5,064

Robbers Creek Split Flow

At confluence with Robbers Creek

None

*5,062

At divergence from Robbers Creek

None

*5,073

Maps are available for inspection at the Department of Community Development, 707 Nevada Street, Suite 5, Susanville, California.

Send comments to The Honorable Lloyd Keefer, Chairman, Lassen County Board of Supervisors, 221 N. Roop Street, Susanville, California 96130.

California

Placer County (Unincorporated Areas)

Miner's Ravine

Just upstream of Sierra College Blvd.

*246

*251

Just upstream of Miner's Ravine Road

*357

*358

Approximately 650 feet upstream of Newcastle Road

None

*784

Maps are available for inspection at the Placer County Public Works Department, 11444 B Avenue, Auburn, California.

Send comments to The Honorable Donald G. Lundsford, Placer County Executive Officer, 175 Fulweiler Avenue, Auburn, California 95603.

California

Portola (City) (Plumas County)

Portola Splitflow

At confluence with Portola Tributary

None

*4,873

At divergence from Portola Tributary

None

*4,895

Portola Tributary

At confluence with Middle Fork Feather River

None

*4,839

Approximately 560 feet upstream of Ellen Avenue

None

*4,918

Maps are available for inspection at the Portola City Hall, 35 Third Avenue, Portola, California.

Send comments to The Honorable Bill Adamson, P.O. Box 1255, Portola, California 96122.

California

Plumas County (Unincorporated Areas)

Middle Fork Feather River

Just upstream of the Western Pacific Railroad Crossing

None

*4,819

Approximately 4,500 feet upstream of confluence of Portola Tributary

None

*4,849

Portola Tributary

Approximately 500 feet upstream of Ellen Avenue

None

*4,918

Approximately 2,600 feet upstream of confluence of West Branch Portola Tributary

None

*5,076

West Branch Portola Tributary

At confluence with Portola Tributary

None

*4,951

Approximately 100 feet upstream of Deerweed Street

None

*5,036

Maps are available for inspection at the Plumas County Courthouse, 520 Main Street, Room 120, Quincy, California.

Send comments to The Honorable Donald Clark, Chairman, Plumas County Board of Supervisors, 520 Main Street, Room 309, Quincy, California 95971.

Montana

Cascade County (Unincorporated Areas)

Gibson Flats

At confluence with Sand Coulee Creek (North side of Railroad)

*3,351

*3,352

At divergence from Sand Coulee Creek

*3,358

*3,361

Sand Coulee Creek

Approximately 4,000 feet downstream of Goon Hill Road

*3,345

*3,345

Just upstream of Gibson Flats Road

*3,358

*3,357

Approximately 1,600 feet downstream of Blaine Street

*3,423

*3,422

Approximately 2,000 feet upstream of Brown Road

*3,448

*3,448

Sand Coulee Creek (North side of Railroad)

At confluence with Sand Coulee Creek (downstream)

*3,346

*3,345

At divergence from Sand Coulee Creek (upstream)

*3,355

*3,354

Sun River

At confluence with Missouri River

*3,319

*3,319

Approximately 1.5 miles upstream of Central Avenue West

*3,328

*3,332

Approximately 3,200 feet upstream of Manchester Bridge

*3,339

*3,339

Maps are available for inspection at the Cascade County Planning Department, 415 Third Street, Northwest, Great Falls, Montana.

Send comments to The Honorable Peggy Beltrone, Chairperson, Cascade County Board of Supervisors, Room 111, Courthouse Annex, 325 Second Avenue North, Great Falls, Montana 59401.

Montana

Great Falls (City) (Cascade County)

Sun River

At confluence with Missouri River

*3,319

*3,319

Approximately 6,500 feet upstream of Interstate Highway 15

*3,327

*3,329

Maps are available for inspection at the Department of Zoning Administration, Two Park Drive South, Great Falls, Montana.

Send comments to The Honorable Randall H. Gray, Mayor, City of Great Falls, P.O. Box 5021, Great Falls, Montana 59403.

Oregon

Portland (City) (Multnomah County)

Fanno Creek

Approximately 2,350 feet downstream of Southwest 59th Avenue

None

*243

Approximately 50 feet upstream of Southwest 45th Avenue

None

*281

Maps are available for inspection at City Hall, 1221 Southwest Fourth Avenue, Portland, Oregon.

Send comments to The Honorable Vera Katz, Mayor, 1221 Southwest Fourth Avenue, Room 340, Portland, Oregon 97204.

Texas

Beaumont (City) (Jefferson County)

Keith Ditch

Approximately 450 feet downstream of Dowlen Road

*22

*22

Approximately 1,400 feet upstream of Major Drive

None

*31

Walker Branch

At dead-end of Debbie Drive

*21

*22

Just downstream of Tram Road

*24

*24

Walker Branch Tributary

Approximately 100 feet upstream of Tram Road

*22

*22

Approximately 1,000 feet upstream of Spurlock Road

None

*31

Willow Marsh Bayou

Just upstream of Tyrell Park Road

*13

*15

Approximately 500 feet upstream of Interstate 10

*16

*17

Maps are available for inspection at City Hall, 801 Main Street, Beaumont, Texas.

Send comments to The Honorable David W. Moore, Mayor, City of Beaumont, P.O. Box 3827, Beaumont, Texas 77704.

Texas

Fort Bend County (Unincorporated Areas)

San Bernard River

Approximately 2 miles downstream of FM 442

None

*64

Approximately 2.25 miles upstream of the confluence with Snake Creek

None

*79

Maps are available for inspection at Fort Bend County Engineer's Office, 1124 Blume Road, Rosenberg, Texas.

Send comments to The Honorable James Adolphus, Fort Bend County Judge, 301 Jackson Street, Suite 719, Richmond, Texas 77469.

Texas

Jefferson County (Unincorporated Areas)

Bayou Din

Approximately 2,750 feet upstream of LaBelle Road

None

*9

Approximately 6,100 feet upstream of Lawhorn Road

None

*31

Bayou Din Tributary

Approximately 950 feet upstream of confluence with Bayou Din

*18

*17

Approximately 1,900 feet downstream of Highway 124

None

*22

Ditch 505

Approximately 3,100 feet downstream of Route 124

None

*13

Approximately 4,700 feet upstream of West Clubb Road

None

*19

Mayhaw Bayou

Approximately 6,700 feet downstream of Timber Road

None

*11

Approximately 850 feet upstream of Interstate 10

None

*22

Mayhaw Bayou Tributary

At confluence with Mayhaw Bayou

None

*16

Approximately 2,400 feet upstream of Brush Island Road

None

*19

Quinn Ditch

Approximately 5,500 feet downstream of Tram Road

None

*22

Approximately 100 feet upstream of Tram Road

None

*23

Taylor Bayou

Approximately 11,000 feet downstream of LaBelle Road

None

*10

Approximately 250 feet upstream of Jap Road

None

*11

Tributary of Ditch 505

At confluence with Ditch 505

None

*17

Approximately 2,000 feet upstream of West Clubb Road

None

*19

Maps are available for inspection at the Jefferson County Courthouse, 1149 Pearl Street, 5th Floor, Beaumont, Texas.

Send comments to The Honorable Carl R. Griffith, Jefferson County Judge, P.O. Box 4025, Beaumont, Texas 77704.

Texas

Wharton County (Unincorporated Areas)

East Fork Jones Creek

Approximately 800 feet upstream of FM 960

None

*115

Approximately 7,000 feet upstream of River Valley Road

None

*122

East Mustang Creek

Approximately 1,800 feet downstream of confluence of Stage Stand Creek

None

*72

Approximately 1,750 feet downstream of Stockton Road

None

*88

San Bernard River

Approximately 10,000 feet downstream of FM 442

None

*64

At confluence of Peach Creek

None

*79

Maps are available for inspection at the Wharton County Engineer's Office, 1017 North Alabama, Wharton, Texas.

Send comments to The Honorable Lawrence C. Naiser, Wharton County Judge, Wharton County Courthouse, 103 South Fulton, Wharton, Texas 77188.

(Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance”)

Dated: April 18, 2001.

Margaret E. Lawless,

Acting Executive Associate Director for Mitigation.

[FR Doc. 01-10485 Filed 4-26-01; 8:45 am]

BILLING CODE 6718-04-P

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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