# Proposed Flood Elevation Determinations > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A01-28392 ## Record - **Collection:** Federal Register - **Document type:** Proposed Rule - **Published:** November 13, 2001 - **Citation:** 66 FR 56788 ## Text FEDERAL EMERGENCY MANAGEMENT AGENCY 44 CFR Part 67 [Docket No. FEMA-B-7421] 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) # Elevation in feet. (MSL 1972) Existing Modified Alaska Anchorage (Municipality) Anchorage Division Alyeska Creek At Mount Hood Drive, Approximately 70 feet Upstream of Olympic Circle Entrance None *121 None *335 #Depth in feet above ground. Maps are available for inspection at 4700 South Bragg Street, Anchorage, Alaska. Send comments to The Honorable George Wuerch, Mayor, Municipality of Alaska, P.O. Box 196650, Anchorage, Alaska 99519-6650. Hawaii Maui County Unnamed Stream at Kuau Point Approximately 720 feet downstream of Hana Highway None *14 Approximately 750 feet upstream of Hana Highway None *29 #Depth in feet above ground. Maps are available for inspection at the Department of Planning, 250 South High Street, Wailuku, Hawaii. Send comments to The Honorable James “Kimo” Apana, Mayor, Maui County, 200 South High Street, Wailuku, Hawaii 96793. Missouri City of De Soto Joachim Creek Approximately 3,500 feet downstream of the New State Highway 110 Bridge *472 *474 Approximately 550 upstream of the Highway E *525 *525 #Depth in feet above ground. Maps are available for inspection at City of De Soto, City Hall, 17 Boyd Street, De Soto, Missouri. Send comments to The Honorable Werner Stichling, Mayor, City of De Soto, City Hall, 17 Boyd Street, De Soto, Missouri 63020. Missouri Jefferson County Joachim Creek Approximately 3,500 feet downstream of the New State Highway 110 Bridge None *474 Approximately 1,700 feet upstream of the County Highway E *527 *528 #Depth in feet above ground. Maps are available for inspection at Jefferson County, Building and Zoning Commission, 300 Second Street, Hillsboro, Missouri. Send comments to The Honorable Samuel J. Rauls, Presiding Commissioner, P.O. Box 100, Hillsboro, Missouri 63050. New Mexico City of Farmington, San Juan County Animas River Approximately 1,300 feet downstream of Miller Avenue None +5,276 Just upstream of Broadway Street None +5,304 Approximately 4,300 feet upstream of Browning Parkway None +5,361 San Juan River Approximately 8,000 feet downstream of Route 371 None +5,223 Approximately 2,200 feet downstream of Route 371 None +5,242 Wyper Arroyo Approximately 100 feet upstream of U.S. Highway 550 None +5,499 Just upstream of confluence of Wyper Arroyo Tributary None +5,599 Approximately 3,800 feet upstream of confluence of Wyper Arroyo of Tributary None +5,668 Wyper Arroyo Tributary Just upstream of confluence with Wiper Arroyo None +5,559 Approximately 3,450 feet upstream of the confluence with Wiper Arroyo None +5,662 Carl Arroyo Approximately 1,700 feet downstream of U.S. Route 550 None +5,451 Just upstream of Winnifred Drive None +5,535 Approximately 3,900 feet Upstream of Winnifred Drive None +5,635 Hood Arroyo Approximately 1,800 feet downstream of Hubbard Street None +5,403 Just upstream of Pinon Hills Boulevard None +5,530 Approximately 850 feet Upstream of Hogan Avenue None +5,714 Hood Arroyo Tributary Just upstream of Hogan Avenue None +5,640 Approximately 4,200 feet upstream of Hogan Avenue None +5,820 Porter Arroyo Approximately 1,300 feet downstream of Windsor Drive None +5,509 Just upstream of confluence of Porter Arroyo Tributary C None +5,622 Approximately 4,200 feet upstream of North College Road None +5,796 Porter Arroyo Tributary C At confluence with Porter Arroyo None +5,620 Approximately 1,300 feet upstream of confluence with Porter Arroyo None +5,654 Porter Arroyo Tributary B At confluence with Porter Arroyo None +5,645 Approximately 1,100 feet upstream of confluence with Porter Arroyo None +5,682 Porter Arroyo Tributary A At confluence with Porter Arroyo near North College Road None +5,670 Approximately 2,100 feet upstream of confluence with Porter Arroyo None +5,752 Butler Arroyo Just upstream of 30th Street None +5,508 Approximately 4,000 feet upstream of 30th Street None +5,606 Dustin Arroyo Approximately 400 feet downstream of 30th Street None +5,489 Approximately 700 feet upstream of Cerrillos Drive None +5,667 Farmers Mutual Ditch Approximately 300 feet downstream of Westland Park Drive None +5,227 Approximately 1,500 feet Westland Park Drive, near its divergence from San Juan River None +5,236 Westland Park Drive Runoff Approximately 800 feet downstream of Westland Park Drive None +5,225 Approximately 150 feet upstream of Westland Park Drive None +5,235 #Depth in feet above ground. Maps are available for inspection at City Hall, 800 Municipal Drive, Farmington, New Mexico. Maps are available for inspection at the Office of the Building Inspector, 100 South Oliver, Aztec, New Mexico. Send Comments to The Honorable William E. Stanley, Mayor, City of Farmington, 800 Municipal Drive, Farmington, New Mexico 87401. Send comments to The Honorable Steve Neville, Chairman, San Juan County, Board of Commissioners, 100 South Oliver, Aztec, New Mexico 87410. New Mexico Chaves County (Unincorporated) Rio Hondo River Areas At confluence with South Berrendo Creek *3,510 *3,507 Approximately 9,500 feet upstream of Roswell Relief Route None *3,704 #Depth in feet above ground. Maps are available for inspection at Chaves County Courthouse, Planning Department, 401 North Main Street, Roswell, New Mexico. Send comments to The Honorable Herbert Quintata, Chaves County Manager, P.O. Box 1817, Roswell, New Mexico 88201. New Mexico City of Roswell Rio Hondo River Approximately 1,550 feet downstream of Atkinson Avenue None +3,544 Approximately 3,000 feet upstream of Sunset Avenue #2 +3,620 #Depth in feet above ground. Maps are available for inspection at City Hall, Engineering Department, 401 North Main Street, Roswell, New Mexico. Send comments to Mayor Bill Owen, 425 North Richardson Avenue, Roswell, New Mexico 88201. Oklahoma City of Yukon North Canadian River Tributary A Approximately 3,000 feet below Von Elm Place None *1,260 Approximately 500 feet downstream of U.S. Highway 66 *1,284 *1,285 Main Stem Turtle Creek Approximately 3,500 feet downstream of U.S. Highway 66 *1,271 *1,271 Just upstream of U.S. Highway 66 *1,286 *1,286 At confluence of West Branch Turtle Creek and Middle Branch Turtle Creek *1,293 *1,293 Middle Branch of Turtle Creek At confluence with Main Stem Turtle Creek *1293 *1293 Just downstream upstream of Vandament Avenue *1,310 *1,310 Approximately 1,500 feet upstream of Vandament Avenue *1,316 *1,318 Approximately 3,800 feet upstream of Vandament Avenue None *1,332 East Branch of Turtle Creek At confluence with Main Stem Turtle Creek *1,277 *1,277 At confluence of Cornwell Branch *1,287 *1,288 Just downstream of Chicago Rock Island and Pacific Railroad *1,296 *1,297 Approximately 300 feet upstream of Vandament Avenue None *1,322 West Branch of Turtle Creek At confluence with Main Stem Turtle Creek *1,293 *1,293 Just upstream of Yukon Avenue *1,311 *1,311 Approximately 1,500 feet upstream of Yukon Avenue None *1,321 Cornwell Branch of East Branch Turtle Creek At confluence with East Branch Turtle Creek None *1,288 At intersection of Yukon Avenue and Czech Hall Road None *1,298 Approximately 270 feet upstream of the intersection of Bass Avenue and Czech Hall Road None *1,319 Holly Branch of Middle Branch Turtle Creek At confluence with Middle Branch Turtle Creek None *1,314 Approximately 1,400 feet upstream of Holly Avenue None *1,338 North Canadian River Tributary B Approximately 900 feet downstream of Main Street (U.S. Highway 66) None *1,286 Approximately 1,350 feet upstream of Main Street (U.S. Highway 66) None *1,297 North Canadian River Tributary B, West Branch At confluence with North Canadian River Tributary B None *1,291 Approximately 1,150 feet upstream of confluence with North Canadian River Tributary B None *1,302 North Canadian River Tributary C Approximately 1,100 feet downstream of Main Street (U.S. Highway 66) None *1,286 Approximately 3,200 feet upstream of Main Street (U.S. Highway 66) None *1,309 North Canadian River Tributary C, West Branch 1 At confluence with North Canadian River Tributary C None *1,289 Just downstream of Oil Field Road None *1,322 North Canadian River Tributary C, West Branch 2 At confluence with North Canadian River Tributary C None *1,306 Just downstream of Church Hill Road None *1,332 #Depth in feet above ground. Maps are available for inspection at 528 West Main Street, Yukon, Oklahoma. Send comments to The Honorable Steve Friesen, Mayor, City of Yukon, P.O. Box 850500, Yukon, Oklahoma 73085. Oregon Talent (City) Jackson County Wagner Creek At confluence with Bear Creek *1,562 *1,562 Just upstream of Rouge Valley Highway 99 *1,590 *1,593 Just downstream of Rapp Road None *1,652 #Depth in feet above ground. Maps are available for inspection City Hall, P.O. Box 445, Talent Oregon. Send comments to The Honorable Marian Telerski, Mayor, City of Talent, P.O. Box 445, Talent Oregon 97450. Utah Unincorporated Areas of Utah County Jordan River Approximately 3,100 feet downstream of the Golf Cart Bridge at Camp Williams Military Reservation *4,490 *4,491 At Cedar Fort Road *4,494 *4,493 Approximately 1,400 feet upstream of Saratoga Road *4,495 *4,494 #Depth in feet above ground. Maps are available for inspection at the County Public Works Building, 2855 South State Street, Provo, Utah. Send comments to The Honorable Gary Herbert, Chairman, Utah County Board of Commissioners, County Administration Building, 100 East Center Street, Room 2300, Provo, Utah 84606. Utah City of Saratoga Springs Jordan River Approximately 3,100 feet downstream of Saratoga Road *4,495 *4,493 Approximately 1,400 feet upstream of Saratoga Road *4,495 *4,494 #Depth in feet above ground. Maps are available for inspection at City Hall, City Manager's office, 2015 South Redwood, Lehi, Utah. Send comments to The Honorable Tim Parker, Mayor, City of Saratoga Springs, 2015 South Redwood Road, Saratoga Springs, Utah 84043. Utah City of Lehi Jordan River Approximately 1,500 feet downstream of the Golf Cart Bridge at Camp Williams Military Reservation *4,490 *4,491 Approximately 1,500 feet downstream of Saratoga Road *4,494 *4,493 #Depth in feet above ground. Maps are available for inspection at the Building and Planning Department, 99 West Main Street, Lehi, Utah. Send comments to The Honorable Kenneth Greenwood, Mayor, City of Lehi, City Hall, 153 North 100 East, Lehi, Utah 84043. Washington Chelan County (Unincorporated Areas) Wenatchee River At confluence with Chumstick Creek *1,078 *1,079 #Depth in feet above ground. Maps are available for inspection at County Planning Department, 411 Washington Street, Wenatchee, Washington. Send comments to The Honorable John Hunter, Chairman, Chelan County Board of Commissioners, County Courthouse, 350 Orondo Street, Wenatchee, Washington 98801. Washington City of Leavenworth Wenatchee River At confluence with Icicle Creek *1,111 *1,111 #Depth in feet above ground. Maps are available for inspection at City Hall, Department of Community Development, 70 Highway 2, Leavenworth, Washington. Send comments to The Honorable William Bauer, Mayor, City of Leavenworth, City Hall, P.O. Box 287, Leavenworth, Washington 98826. Washington Skokomish Indian Tribe Skokomish River Just downstream of State Route 106 None *16 Approximately 3,000 feet upstream of U.S. Route 101 None *31 #Depth in feet above ground. Maps are available for inspection at Natural Resources Office, North 541 Tribal Center Road, Shelton, Washington. Send comments to The Honorable Denny Hurtado, Chairman, Skokomish Tribal Council, North 80 Tribal Center Road, Shelton, Washington 98584. (Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”) Dated: November 5, 2001. Robert F. Shea, Acting Administrator, Federal Insurance and Mitigation Administration. [FR Doc. 01-28392 Filed 11-9-01; 8:45 am] BILLING CODE 6718-04-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A01-28392. Public record. Not legal advice.