# Proposed Flood Elevation Determinations > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A01-18739 ## Record - **Collection:** Federal Register - **Document type:** Proposed Rule - **Published:** July 27, 2001 - **Citation:** 66 FR 39123 ## Text FEDERAL EMERGENCY MANAGEMENT AGENCY 44 CFR Part 67 [Docket No. FEMA-D-7510] 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 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, Hazard Mapping Division, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-3461, or (email) matt.miller@fema.gov. SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency (FEMA or 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 Acting Administrator, Federal Insurance and Mitigation Administration, 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. As a result, a regulatory flexibility analysis has not 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 Connecticut Newington Town Hartford County Mill Brook At the confluence with Piper Brook *53 *50 Approximately 380 feet upstream of dam with footbridge *75 *74 Schoolhouse Brook Approximately 0.3 mile downstream of Wilson Avenue *75 *74 At Robbins Avenue *80 *81 Piper Brook At the downstream corporate limits *53 *49 Approximately 350 feet upstream of confluence of Bass Brook *80 *79 Rock Hole Brook Approximately 340 feet downstream of Stonehedge Drive *50 *51 Approximately 380 feet upstream of Willard Avenue None *89 Webster Brook Approximately 0.54 mile downstream of Kelsey Street *45 *48 Approximately 0.52 mile upstream of railroad embankment None *74 Webster Brook Tributary At the confluence with Webster Brook None *68 Approximately 1,300 feet upstream of Liberty Street None *71 Bass Brook At confluence with Piper Brook *80 *79 Approximately 100 feet upstream of Route 9 None *100 Maps available for inspection at the Newington Town Hall, 131 Cedar Street, Newington, Connecticut. Send comments to The Honorable Robert A. Randich, Mayor of the Town of Newington, Newington Town Hall, 131 Cedar Street, Newington, Connecticut 06111. Georgia Morgan County (Unincorporated Areas) Apalachee River Approximately 2.98 miles downstream of State Route 186 None *574 Just downstream of State Route 186 None *673 Maps available for inspection at the Morgan County Building Inspector's Office, 384 Hancock Street, Madison, Georgia. Send comments to Mr. William Michael Nabors, Chairman of the Morgan County Board of Commissioners, P.O. Box 168, Madison, Georgia 30650. Illinois Champaign County (Unincorporated Areas) Sangamon River Approximately 1,000 feet downstream from the Township Road 2000 North (Shively) bridge None *676 At Lake of the Woods covered bridge None *689 Maps available for inspection at the Champaign County Department of Planning and Zoning, Brookens Administrative Center, 1776 East Washington Street, Urbana, Illinois. Send comments to Ms. Patricia Avary, Chairman of the Champaign County Board, Brookens Administrative Center, 1776 East Washington Street, Urbana, Illinois 61802. Illinois Mahomet (Village), Champaign County Sangamon River Approximately 800 feet downstream of downstream corporate limits None *677 Approximately 1,800 feet downstream of upstream corporate limits None *689 Maps available for inspection at the Mahomet Village Hall, 503 East Main Street, Mahomet, Illinois. Send comments to The Honorable Jeff Courson, Mayor of the Village of Mahomet, 503 East Main Street, P.O. Box 259, Mahomet, Illinois 61853. Indiana Cicero (Town), Hamilton County Morse Reservoir Entire shoreline within community *813 *814 Maps available for inspection at the Cicero Town Hall, 70 North Byron Street, Cicero, Indiana. Send comments to Mr. Bruce Freeman, President of the Cicero Town Council, 150 West Jackson, Cicero, Indiana 46034. Indiana Fishers (Town), Hamilton County Mud Creek At East 96th Street *780 *781 At East 126th Street *812 *815 Sand Creek At East 106th Street *784 *785 At Interstate 69 *803 *806 West Fork White River Approximately 1.2 miles downstream of confluence of Britton Branch None *745 Approximately 0.8 mile upstream of confluence of Britton Branch None *748 Britton Branch At confluence with West Fork White River None *746 Approximately 100 feet downstream of State Route 37 None *809 Maps available for inspection at the Town of Fishers Administrative Offices, One Municipal Drive, Fishers, Indiana. Send comments to Mr. Michael Booth, Fishers Town Manager, One Municipal Drive, Fishers, Indiana 46038. Indiana Hamilton County (Unincorporated downstream Areas) Mud Creek Approximately 180 feet downstream of East 146th Street None *831 At Atlantic Road None *845 Sand Creek At East 146th Street None *821 At Praire Baptist Road None *840 Musselman Ditch Approximately 1,400 feet upstream of Promise Road None *780 Approximately 0.5 mile upstream of Victory Chapel Road None *795 Kirkendall Creek At East 146th Street None *770 At Hinkle Road None *821 Vestal Ditch At East 146th Street None *769 Approximately 1,600 feet downstream of East 161st Street None *775 Maps available for inspection at the Hamilton County Government and Judicial Center, One Hamilton County Square, Noblesville, Indiana. Send comments to Mr. Charles Kiphart, Director of the Hamilton County Planning Commission, One Hamilton County Square, Suite 146, Noblesville, Indiana 46060. Indiana Noblesville (City), Hamilton County Britton Branch Just upstream of Allisonville Road None *751 Justdownstream of Norfolk and Western Railroad None *800 Elmwood-Wilson Ditch At confluence with Stony Creek None *756 Approximately 500 feet downstream of State Route 37 None *768 Kirkendall Creek Just upstream of abandoned railroad None *785 Just downstream of East 156th Street None *793 Mallery Granger Ditch At confluence with West Fork White River None *765 Approximately 800 feet downstream of East 211th Street None *805 Mill Creek At confluence with Sly Run None *767 Approximately 600 feet upstream of Little Chicago River None *819 Morse Reservoir Entire shoreline within community None *814 Musselman Ditch At confluence with West Fork White River None *771 Approximately 1,400 feet upstream of Promise Road None *780 Sly Run At confluence with Cicero Creek None *762 At confluence of Sly Run East Fork and Sly Run West Fork None *821 Vestal Ditch Approximately 200 feet downstream of abandoned railroad None *772 Just downstream of East 161st Street None *776 Sly Run East Fork At confluence of Sly Run West Fork None *821 Just downstream of Hinkle Road None *865 Sly Run West Fork At confluence of Sly Run East Fork None *821 Approximately 125 feet upstream of Little Chicago Road None *830 Maps available for inspection at the City of Noblesville Department of Planning and Development, 16 South Tenth Street, Noblesville, Indiana. Send comments to The Honorable Dennis Redick, Mayor of the City of Noblesville, 16 South Tenth Street, Noblesville, Indiana 46060. Indiana Westfield (Town), Hamilton County Cool Creek Just upstream of East 146th Street *817 *818 Just downstream of East 186th Street None *870 Grassy Branch Approximately 600 feet downstream of Westfield Park Road None *894 Approximately 0.57 mile upstream of State Route 32 None *906 Kirdendall Creek Just upstream of Hinkle Road None *822 Just downstream of East 161st Street None *832 Little Eagle Creek Approximately 1,250 feet downstream of West 146th Street None *865 Just downstream of Casey Road None *977 North Cool Creek Just upstream of East 186th Street None *870 Just downstream of intersection of Tomlinson Road and East 191st Street None *892 Sly Run East Fork Just upstream of Hinkle Road None *866 Approximately 0.4 mile upstream of Hinkle Road None *872 Maps available for inspection at the Westfield Town Hall, 130 Penn Street, Westfield, Indiana. Send comments to Mr. Michael McDonald, Westfield Town Council President, 130 Penn Street, Westfield, Indiana 46074. Maine Bangor (City), Penobscot County Penobscot River At downstream corporate limits At upstream corporate limits *15 *31 *16 *25 Penjajawoc Stream At Mount Hope Avenue *44 *45 Approximately 0.35 mile upstream of Stillwater Avenue *108 *107 Kenduskeag At confluence with Penobscot River *17 *18 Stream Approximately 0.64 mile upstream of confluence with Penobscot River *17 *18 Maps available for inspection at the Bangor City Hall, 73 Harlow Street, Bangor, Maine. Send comments to Mr. Edward Barrett, Bangor City Manager, 73 Harlow Street, Bangor, Maine 04401. New Jersey Summit (City), Union County Passaic River Approximately 200 feet upstream of Old Highway 24/corporate limits *181 *180 Approximately 0.62 mile (3,250 feet) upstream of Stanley Avenue *206 *207 Maps available for inspection at the Summit City Hall, 512 Springfield Avenue, Summit, New Jersey. Send comments to The Honorable Walter D. Long, Mayor of the City of Summit, Municipal Building, 512 Springfield Avenue, Summit, New Jersey 07901-1702. New York Davenport (Town), Delaware County Charlotte Creek At the confluence with the Susquehanna River None *1,101 At upstream of corporate limits None *1,327 Maps available for inspection at the Davenport Town Hall, Route 23, Davenport Center, New York 13751. Send comments to Mr. Tod Rider, Town of Davenport Supervisor, P.O. Box 88, Davenport Center, New York 13571. New York Evans (Town), Erie County Reisch Creek At the confluence with Lake Erie A point approximately 180 feet upstream of Revere Drive *579 *683 *580 *681 Lake Erie Southwest corporate limits along Lake Erie *579 *580 Northeast corporate limits along Lake Erie *580 *581 Maps available for inspection at the Evans Town Hall, 8787 Erie Road, Angola, New York 14006-9600. Send comments to Mr. Robert R. Catalino II, Evans Town Supervisor, Evans Town Hall, 8787 Erie Road, Angola, New York 14006-9600. New York Kiryas Joel (Village), Orange County Coronet Brook At the confluence with Tributary No. 25 None *612 Approximately 340 feet upstream of Israel Zupnik Drive None *649 Forest Brook At the confluence with Tributary No. 25 None *604 Approximately 0.45 mile upstream of Schunnemunk Road None *760 Highland Brook At the confluence with Tributary No. 25 None *609 Approximately 1,470 feet upstream of Bakertown Road None *654 Palm Brook Approximately 980 feet downstream of Koznits Road None *677 Approximately 0.4 mile upstream of an Access Road None *833 Tributary No. 25 Approximately 600 feet downstream of the confluence of Forest Brook None *601 Approximately 200 feet upstream of Krolla Drive None *734 Maps available for inspection at the Kiryas Joel Village Hall, 51 Forest Road, Monroe, New York. Send comments to The Honorable Abraham Weider, Mayor of the Village of Kiryas Joel, P.O. Box 566, 51 Forest Road, Monroe, New York 10950. New York Leray (Town), Jefferson County Indian River Approximately 0.43 mile downstream of Joachim Road None *406 Approximately 1.48 miles upstream of Elm Ridge Road None *413 West Creek At its confluence with Indian River None *410 Approximately 1.07 miles upstream of the confluence with Indian River None *410 Maps available for inspection at the Leray Town Hall, 8433 Willow Street, Evans Mills, New York 13637. Send comments to Mr. Ronald Taylor, Leray Town Supervisor, 8433 Willow Street, Evans Mills, New York 13637. Ohio Willoughby Hills (City), Lake County Euclid Creek North Tributary Approximately 2,800 feet downstream of Bishop Road None *827 Approximately 4,020 feet upstream of Lamplight Lane None *873 Euclid Creek South Tributary At confluence with Euclid Creek North Tributary None *832 Approximately 1.1 miles upstream of Bishop Road None *877 Maps available for inspection at the Willoughby Hills City Hall, 35405 Chardon Road, Willoughby Hills, Ohio. Send comments to The Honorable Mort O'Ryan, Mayor of the City of Willoughby Hills, 35405 Chardon Road, Willoughby Hills, Ohio 44094. Tennessee Adamsville (Town), McNairy County Beason Creek Approximately 725 feet downstream of the corporate limits None *452 Approximately 25 feet upstream of Lynn Street None *494 Beason Creek Tributary At the confluence with Beason Creek None *468 Approximately 100 feet upstream of South Oak Street None *505 Snake Creek Approximately 1,440 feet downstream of State Route 22 None *402 Approximately 600 feet upstream of State Route 22 None *402 Maps available for inspection at the Adamsville City Hall, 231 East Main Street, Adamsville, Tennessee. Send comments to The Honorable Paul Wallace Plunk, Mayor of the Town of Adamsville, P.O. Box 301, Adamsville, Tennessee 38310. Vermont Hardwick (Town and Village), Caledonia County Lamoille River Approximately 50 feet downstream of State Route 15W *796 *794 Approximately 175 feet upstream of North Main Street *830 *829 Cooper Brook At confluence with Lamoille River *812 *807 Approximately 785 feet upstream of Elm Street *815 *814 Maps available for inspection at the Hardwick Town Hall, 20 Church Street, Hardwick, Vermont. Send comments to Mr. Daniel P. Hill, Hardwick Town/Village Manager, P.O. Box 523, 20 Church Street, Hardwick, Vermont 05843. Vermont Stowe (Town), Lamoille County West Branch Little River At confluence Little River *709 *705 Approximately 100 feet upstream of State Route 108 None *960 Little River Approximately 630 feet upstream of Canoe Factory Dam *687 *688 At confluence of East Branch Little River *709 *705 East Branch Little River At confluence with Little Little River *709 *705 Approximately 400 feet upstream of Cemetery Road *709 *708 Maps available for inspection at the Stowe Town Hall, 67 Main Street,Stowe, Vermont. Send comments to Mr. Richard Marron, Chairman of the Town of Stowe Board of Selectmen, P.O. Box 730, Stowe, Vermont 05672. Vermont Woodstock (Town Village), Windsor County Ottauquechee River Approximately 550 feet upstream of U.S. Route 4 *696 *697 At the upstream corporate limits *816 *812 Maps available for inspection at the Town Hall, 31 The Green, Woodstock, Vermont. Send comments to Mr. John Doten, Chairman of the Board of Selectmen, Town Hall, P.O. Box 488, Woodstock, Vermont 05091. Virginia Berryville (Town), Clarke County Town Run Approximately 1,220 feet downstream of Springsbury Road (State Route 613) None *553 Approximately 80 feet upstream of Lincoln Avenue None *599 Maps available for inspection at Town of Berryville Office, 23 East Main Street, Berryville, Virginia. Send comments to Mr. Keith Dalton, Town of Berryville Manager, 23 East Main Street, Berryville, Virginia 22611. (Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”) Dated: July 18, 2001. Robert F. Shea, Acting Administrator, Federal Insurance and Mitigation Administration. [FR Doc. 01-18739 Filed 7-26-01; 8:45 am] BILLING CODE 6718-04-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A01-18739. Public record. Not legal advice.