Proposed Flood Elevation Determinations

Federal RegisterAug 7, 2001

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FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 67

[Docket No. FEMA-B-7417]

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, Federal Insurance and Mitigation Administration, 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 and Mitigation Administration 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

Arizona

La Paz County (Unincorporated Areas)

Bouse Wash

Approximately 5,700 feet downstream of Yellow Bird Drive

None

*875

Approximately 3,200 feet downstream of Plomosa Road

None

*925

Aproximately 3,500 feet upstream of Joshua Street

None

*979

Tributary Along East Side Railroad

Approximately 3,700 feet downstream of Willamette Drive

None

*876

Approximately 3,000 feet upstream of Main Street

None

*963

Tributary B

At confluence with Bouse Wash

None

*889

Approximately 800 feet upstream of the unnamed road stretching between Winema Drive and Cholla Drive

None

*946

Tributary C

At confluence with Bouse Wash

None

*898

Approximately 800 feet upstream of Cholla Drive

None

*925

Tributary D

At confluence with Bouse Wash

None

*923

Approximately 2,800 feet upstream of Black Mountain Drive

None

*985

Tributary D-1

At confluence with Tributary D

None

*932

Approximately 800 feet upstream of Rayder Avenue

None

*947

Tributary E

At confluence with Bouse Wash

None

*948

Approximately 700 feet upstream of Rayder Avenue

None

*982

Tributary F

At confluence of Bouse Wash

None

*876

Approximately 3,550 feet upstream of La Posa Road

None

*941

La Paz County (Unicorporated Areas)

Tributary H

At confluence with Bouse Wash

None

*940

Approximately 1,600 feet upstream of Plomosa Road

None

*985

Tributary I

At confluence with Bouse Wash

None

*944

Just downstream of Plomosa

None

*1,005

Maps are available for inspection at the LaPaz County Development Department, 1112 Joshua Avenue, Suite 202, Parker, Arizona.

Send comments to The Honorable Cliff Edey, Chairperson, La Paz County Board of Supervisors, 1108 Joshua Avenue, Parker, Arizona 85334.

Colorado

Fremont County (Unincorporated Areas)

Oak Creek Right Overbank

500 feet downstream of West Seventh Street

None

*5,151

Approximately 150 feet upstream of West Seventh Street

None

*5,156

Oak Creek

Approximately 1,200 feet upstream of confluence with Arkansas River

*5,154

*5,158

Just downstream at Atchison, Topeka & Sante Fe Railroad

*5,245

*5,246

Maps are available for inspection at the County Courthouse, 615 Macon Avenue, Room B5, Canon City, Colorado.

Send comments to the Honorable Joe Rall, Fremont County Commissioner, 615 Macon Avenue, Canon City, Colorado, 81226.

Idaho

Ammon (City) Bonneville County

Sand Creek Drainage

Approximately 850 feet upstream of Sunnyside Road

*4,714

*4,718

Approximately 85 feet upstream of Wanda Street

#1

*4,724

Maps are available for inspection at the Ammon City Hall, c/o Ms. Aleen Jenson, 2135 South Ammon Road, Ammon, Idaho, 83406.

Send comments to The Honorable Bruce Ard, Mayor, City of Ammon, 2135 South Ammon Road, Ammon, Idaho.

Idaho

Bonner County (Unincorporated Areas)

Pend Oreille River

Approximately 4,000 feet downstream of U.S. Route 2

None

*2,056

Approximately 800 feet downstream of Alderni Falls Dam

None

*2,057

Maps are available for inspection at the Bonner County Planning Department, 127 South First Avenue, Sandpoint, Idaho.

Send comments to The Honorable Dale Van Stone, Chairman, Bonner County Board of Commissioners, 215 South First Avenue, Sandpoint, Idaho 83864.

Idaho

Bonneville County (Unincorporated Areas)

Black Canyon Drainage

At Nielson Road

#3

*4,741

Approximately 4,900 feet upstream of Nielson Road

#1

*4,775

Salt River

2,500 feet downstream of confluence of Miller Creek

None

*5,677

Sand Creek Drainage

Just downstream of First Street

#1

*4,744

Just upstream of Sunnyside Road

*4,716

*4,716

Maps are available for inspection at the Bonneville County Courthouse, 605 North Capital Avenue, Idaho Falls, Idaho.

Send comments to The Honorable Bill Shurtleff, Chairman, Bonneville County Board of Commissioners, 605 North Capital Avenue, Idaho Falls, Idaho 83402.

Missouri

Pulaski County (Unincorporated Areas)

Roubidoux Creek

Approximately 4,800 feet upstream from confluence with Gasconade River

None

*765

Approximately 2,700 feet downstream of Historic Route 66

*775

*777

Approximately 2,600 feet upstream of Historic Route 66

*781

*784

Pulaski County (Unincorporated Areas)

Roubidoux Creek

Approximately 11,000 feet upstream of Interstate 44

*796

*796

Mitchell Creek

Just upstream of Interstate 44

None

*856

Approximately 4,700 feet upstream of Highway H

None

*908

Pearson Hollow

Approximately 300 feet upstream of Glenn Road

None

*892

Approximately 1,100 feet upstream of Glenn Road

None

*901

Maps are available for inspection at the Pulaski County Courthouse, 301 Historic Route 66 East, Waynesville, Missouri 65583.

Send comments to The Honorable Harold York, Presiding County Commissioner, Pulaski County Courthouse, 301 Historic Route 66 East, Waynesville, Missouri 65583.

Missouri

Steelville (City) Crawford County

Whittenburg Creek

Approximately 600 feet downstream of County Road 545

None

*726

Just downstream of Highway 8

*731

*732

Yadkin Creek

At confluence with Whittenburg Creek

None

*731

Approximately 5,000 feet upstream of Spring Street

*783

*785

Maps are available for inspection at City Hall, 103 Brickey Street, Steelville, Missouri.

Send comments to The Honorable Terry Palmer, Mayor, City of Steelville, 103 Brickey Street, Steelville, Missouri 65565.

North Dakota

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

Oregon

Gresham (City) Multnomah County

Kelly Creek

Approximately 130 feet downstream of Division Street

*335

*335

Approximately 400 feet upstream of NE Kane Road

None

*353

Approximately 410 feet downstream of SE El Camino Drive

None

*355

Approximately 430 feet upstream of Powell Valley Road

None

*387

Approximately 670 feet downstream of SE Ironwood Way

None

*416

Approximately 630 feet upstream of 282nd Street

None

*446

Maps are available for inspection at the Community Map Repository, City of Gresham, Community & Economic Development Department, 1333 NW Eastman Parkway, Gresham, Oregon.

Send comments to The Honorable Charles Becker, Mayor, City of Gresham, 1333 NW Eastman Parkway, Gresham, Oregon 97030.

Oregon

Warm Springs Indian Reservation

Warm Springs River

Approximately 500 feet downstream of Bia Route 13

None

*1,408

Approximately 650 feet upstream of Bia Route 3

None

*1,471

Shitike Creek

Approximately 100 feet upstream of the confluence with Deschutes River

None

*1,372

Approximately 5,850 feet upstream of confluence with Tenino Creek

None

*1,534

Tenino Creek

At confluence with Shitike Creek

None

*1,471

Approximately 3,700 feet upstream of Bia Route 4

None

*1,540

Maps are available for inspection at the Confederated Tribes of Warm Springs, 1233 Veterans Street, Warm Springs, Oregon.

Send comments to The Honorable Olney Platt Jr., Chairman, Confederated Tribes of Warm Springs Reservation, P.O. Box C, Warm Springs, Oregon 97761.

South Dakota

Hot Springs, (City) Fall River County

Cold Brook Creek

At confluence with Hot Brook Creek and Fall River

None

*3,475

Approximately 300 feet upstream of Tillotson Street

None

*3,502

Fall River

Approximately 1,250 feet downstream of Joplin Avenue

None

*3,375

At confluence with Hot Brook Creek and Cold Brook Creek

None

*3,475

Unnamed Tributary to Fall River

At confluence with Fall River

None

3,390

Apprximately 700 feet upstream of River Street

None

*3,408

Maps are available for inspection at City Hall, 303 North River Street, Hot Springs, South Dakota.

Send comments to The Honorable Karleen Kirchner, Mayor, City of Hot Springs, 303 North River Street, Hot Springs, South Dakota 57747.

Wyoming

Newcastle (City) Weston County

Cambria Creek

Approximately 1930 feet downstream of Carter Avenue

None

+4,248

Approximately 2,100 feet upstream of North Summit Avenue

None

+4,350

Cambria Overflow

At convergence with Little Oil Creek

None

+4,188

At divergence from Cambria Creek

None

+4,268

Cave Spring Canyon

At confluence with Cambria Creek

None

+4,335

Approximately 1,950 feet upstream of confluence with Cambria Creek

None

+4,373

Little Oil Creel

Approximately 1,900 feet downstream of Morrisey County Road

None

+4,134

At U.S. Highway 16 Bypass

None

+4,227

At Stampede Street

None

+4,270

+NAVD of 1988

Maps are available for inspection at City Hall, 10 W. Warwick, Newcastle, Wyoming.

Send comments to The Honorable Mike Mills, Mayor, City of Newcastle, 10 W. Warwick, Newcastle, WY 82701.

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

Dated: July 31, 2001.

Robert F. Shea,

Acting Administrator, Federal Insurance and Mitigation Administration.

[FR Doc. 01-19684 Filed 8-6-01; 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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