# Proposed Flood Elevation Determinations > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A01-15927 ## Record - **Collection:** Federal Register - **Document type:** Proposed Rule - **Published:** June 26, 2001 - **Citation:** 66 FR 33936 ## Text FEDERAL EMERGENCY MANAGEMENT AGENCY 44 CFR Part 67 Docket No. FEMA-B-7416 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 (BFEs) and proposed BFE modifications for the communities listed below. The BFEs and modified BFEs 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 BFEs 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, FEMA, 500 C Street SW., Washington, DC 20472, (202) 646-3461, or (e-mail) matt.miller@fema.gov. SUPPLEMENTARY INFORMATION: FEMA proposes to make determinations of BFEs and modified BFEs 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 BFEs and modified BFEs, 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 Acting Administrator, Federal Insurance Administration and Mitigation certifies that this proposed rule is exempt from the requirements of the Regulatory Flexibility Act because proposed or modified BFEs 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 Contra Costa County (Unincorporated Areas) Murderer's Creek At Pleasant Hill Road None *145 Approximately 210 feet upstream of Withers Avenue None *148 Maps are available for inspection at the Public Works Department, 255 Glacier Drive, Martinez, California. Send comments to The Honorable Gayle B. Uilkema, Chairman, Contra Costa County Board of Supervisors, c/o Clerk of the Board, 651 Pine Street, Martinez, California 94553. Pleasant Hill (City) Contra County East Fork Grayson Lane At Gregory Creek None *51 Just upstream of Oak Park Boulevard None *72 Murderer's Creek At confluence with East Fork Grayson Creek None *51 Approximately 3,000 feet upstream of Frontage Road None *135 Maps are available for inspection at the Public Works Department, 100 Gregory Lane, Pleasant Hill, California. Send comments to The Honorable Suzanne Angeli, Mayor, City of Pleasant Hill, 100 Gregory Lane, Pleasant Hill, California 94523. Walnut Creek (City) Contra Costa County East Fork Grayson Creek Approximately 280 feet upstream of Oak Park Boulevard (in City of Pleasant Hill) None *73 Approximately 150 feet downstream of Sunnyvale Avenue None *83 Eccelston Avenue Tributary At confluence with East Fork Grayson Creek None *80 Just downstream of Putnam Road None *87 Maps are available for inspection at the Community Development Department, 1666 North Main Street, Walnut Creek, California. Send comments to The Honorable Kathy Hicks, Mayor, City of Walnut Creek, c/o City Manager, P.O. Box 8039, Walnut Creek, California 94596. Colorado Florence (City) Fremont County Oak Creek Approximately 1,500 feet downstream of West Third Street *5,170 *5,166 Just upstream of Denver & Rio Grande Western Railroad *5,197 *5,194 Oak Creek Right Overbank Approximately 170 feet upstream of West Seventh Street None *5,156 Just upstream of Denver & Rio Grande Western Railroad None *5,192 Maps are available for inspection at 300 West Main Street, Florence, Colorado. Send comments to The Honorable Gene Roeder, Mayor, City of Florence, 131 West Third Street, Florence, Colorado 81226. North Dakota Durbin (Township) Cass County Maple River Approximately 3,000 feet downstream of west bound Interstate 94 None *907 Approximately 2,400 feet upstream of east bound Interstate 94 None *908 Maps are available for inspection at the Office of the Township Chairman, 3768-157 R Avenue, Southeast, Casselton, North Dakota. Send comments to The Honorable Gerald Moderow, Chairman, Durbin Township Board, P.O. Box 1000, Casselton, North Dakota 58012. Mapleton (City) Cass County Maple River Northeast corner of City of Mapleton Corporate Limits *904 *903 Along Interstate 94 within City of Mapleton Corporate Limits *908 *907 Maps are available for inspection at 1042 14th Avenue, Suite 101, West Fargo, North Dakota. Send comments to The Honorable Kate Olsen, Mayor, City of Mapleton, P.O. Box 9, Mapleton, North Dakota 58059. Raymond (Township) (Cass County) Maple River At middle of eastern edge of Section 30 in Township 140 North Range 50 West None *903 At southwestern corner of Section 30 in Township 140 North Range 50 West None *904 Maps are available for inspection at the Office of the Zoning Administration, 16365 33rd Street, Southeast, Mapleton, North Dakota. Send comments to The Honorable Jim Hagenson, Chairman, Raymond Township Board, 16620 33rd Street, Southeast, Harwood, North Dakota 58042. Washington Prescott (City) Walla Walla County Whetstone Gulch Overflow Approximately 100 feet downstream of A Street None *1,036 Approximately 40 feet upstream of Fourth Street None *1,040 Mill Slough Just upstream of C Street None *1,038 Approximately 2,950 feet upstream of C Street None *1,049 Mill Slough Just upstream of G Street None *1,043 Overflow Approximately 1,140 feet upstream of G Street None *1,051 Maps are available for inspection at City Hall, 110 D Street, Prescott, Washington. Send comments to The Honorable Chuck Carruthers, Mayor, City of Prescott, P.O. Box 27, Prescott, Washington 99348. Walla Walla County (Unincorporated Areas) Mill Slough Just upstream of C Street None *1,038 Just downstream of Hart Road None *1,062 Whetstone Gulch Overflow Approximately 40 feet upstream of Fourth Street None *1,040 Approximately 1,530 feet upstream of Fourth Street None *1,048 Maps are available for inspection at the Walla Walla County Regional Planning Office, 310 West Poplar, Suite 001, Walla Walla, Washington. Send comments to The Honorable David G. Carey, Chairman, Walla Walla County Board of Commissioners, P.O. Box 1506, Walla Walla, Washington 99362. (Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”) Dated: June 18, 2001. Robert F. Shea, Acting Administrator, Federal Insurance Administration and Mitigation. [FR Doc. 01-15927 Filed 6-25-01; 8:45 am] BILLING CODE 6718-04-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A01-15927. Public record. Not legal advice.