Proposed Flood Elevation Determinations

Federal RegisterJan 9, 2001

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FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 67

[Docket No. FEMA-B-7408]

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

[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

California

Clayton (City), (Contra Costa, County)

Donner Creek

At confluence with Mt. Diablo Creek

*421

*424

Approximately 4,400 feet upstream of Marsh Creek Creek Road

*516

*516

Mitchell Creek

At confluence with Mt. Diablo Creek

*377

*379

Approximately 1,600 feet upstream of Oak Street

*439

*444

Mt. Diablo Creek

Just upstream of Kirker Pass Road

*306

*304

Just upstream of Oak Circle

None

*576

Mt. Diablo Creek Split Flow

Approximately 630 feet downstream of North Mitchell Canyon Road

None

*342

Approximately 1,700 feet upstream of North Mitchell Canyon Raod

None

*370

Maps are available for inspection at 6000 Heritage Trail, Clayton, California.

Send comments to The Honorable Phyllis Peterson, Mayor, City of Clayton, 6000 Heritage Trail, Clayton, California 94517-0280.

California

Concord (City) (Contra Costa County)

Galindo Creek

Approximately 100 feet upstream of San Miguel Road

None

*63

Just upstream of St. Francis Drive

None

*127

Approximately 200 feet downstream of Dam #1

None

*220

Mt. Diablo Creek

Approximately 2,675 feet downstream of Bailey Road

*195

*196

Approximately 2,475 feet upstream of Kirker Pass Road

None

*323

Maps are available for inspection at the Permit Center, 3024 Willow Pass Road, Concord, California.

Send comments to The Honorable Helen Allen, Mayor, City of Concord, 1950 Parkside Drive, Concord, California 94519.

California

Contra Costa County (Unincorporated Areas)

Mitchell Creek

Approximately 1,670 feet downstream of Diablo Downs Road

*440

*444

Approximately 2,150 feet upstream of Diablo Downs Road

*518

*535

Mt. Diablo Creek

Immediately upstream of Bailey Road

None

*217

Downstream of Russelman Park Road

None

*609

Green Valley Creek

At Stone Valley Road

None

*467

Approximately 4,410 feet upstream of Green Valley Road

None

*573

Rodeo Creek

At confluence with San Pablo Creek

None

*6

Approximately 425 feet upstream of Hawthorne Drive

None

*28

Garrity Creek

Approximately 350 feet downstream of Southern Pacific Railroad

None

*6

Approximately 165 feet upstream of Brian Road

None

*25

Grayson Creek

Approximately 1,890 feet (.36 mile) downstream of Interstate 680

None

*15

Approximately 195 feet upstream of 2nd Avenue South

None

*20

Arroyo Del Hambra Creek

Approximately 1,280 feet (.24 mile) upstream of Alhambra Avenue

None

*176

Approximately 2,858 feet (.54 mile) upstream of Alhambra Avenue

None

*190

Appian Creek

At upstream side of Garden Road

None

*108

Approximately 1,320 feet upstream of Appian Way

None

*134

West Alamo Creek

Approximately 2,870 feet (.54 mile) downstream of Green Meadow Drive

None

*718

At upstream side of BlackHawk Meadow Drive

None

*804

Wildcat Creek

Approximately 475 feet downstream of Atchison, Topeka and Santa Fe Railroad

None

*29

Maps are available for inspection at the Public Works Department, 255 Glacier Drive, Marinez, California 94553.

Send comments to The Honorable Donna Gerber, Chairperson, Board of Supervisors, 309 Diablo Road, Danville, California 94526.

California

Danville (Town) (Contra Costa County)

Green Valley Creek

Just upstream of Interstate 680 Culvert

*354

*355

Just downstream of Stone Valley Road

None

*467

East Branch Valley Creek

At confluence with Green Valley Creek

*424

*423

Approximately 1,600 feet upstream of Green Valley Road

*458

*458

Maps are available for inspection at 510 La Gonda Way, Danville, California.

Send comments to The Honorable Millie Greenberg, Mayor, Town of Danville, 510 La Gonda Way, Danville, California 94526.

California

Martinez (City) (Contra Costa County)

Arroyo Del Hambra Creek

Just upstream of John Muir Parkway

*116

*116

Approximately 2,000 feet upstream of Alhambra Avenue

None

*180

Approximately 950 feet downstream of Howe Road

None

*22

Line A, DA-40

Approximately 75 feet downstream of Howe Road

None

*23

Maps are available for inspection at 525 Henrietta Street, Martinez, California.

Send comments to The Honorable Michael M. Menesini, Mayor, City of Martinez, 525 Henrietta Street, Martinez, California 94553.

California

Pittsburg (City) (Contra Costa County)

Kirker Creek

Approximately 170 feet downstream of East 14th Street

*38

*37

Approximately 140 feet upstream of Brush Creek Drive

*193

*208

Maps are available for inspection at the Department of Public Works, 65 Civic Avenue, Pittsburg, California.

Send comments to The Honorable Lori Anzini, Mayor, City of Pittsburg, 65 Civic Avenue, Pittsburg, California 94565.

California

Pleasant Hill (City) (Contra Costa County)

Grayson Creek

Approximately 2,725 feet downstream of Concord Avenue

None

*20

Approximately 250 feet upstream of Harriett Drive

None

*37

East Fork Grayson Creek

At confluence with Grayson Creek and West Fork Grayson Creek

None

*37

Approximately 80 feet upstream of Gregory Lane

None

*49

Maps are available for inspection at the Public Works Department, 100 Gregory Lane, Pleasant Hill, California.

Send comments to The Honorable Chuck Escover, Mayor, City of Pleasant Hill, 100 Gregory Lane, Pleasant Hill, California 94523.

California

Richmond (City) (Contra Costa County)

San Pablo Creek

Approximately 690 feet downstream of Atchison, Topeka and Santa Fe Railway

*3

*18

Approximately 60 feet upstream of Atchison, Topeka and Santa Fe Railway

*31

*24

Wild Cat Creek

Approximately 400 feet downstream of Atchison, Topeka and Santa Fe Railway

*3

*27

At Atchison, Topeka and Santa Fe Railway

*3

*30

Approximately 115 feet upstream of Atchison, Topeka and Santa Fe Railway

*31

*31

Maps are available for inspection at the Community Map Repository, City of Richmond, 2600 Barrett Avenue, Richmond, California.

Send comments to The Honorable Rosemary Corbin, Mayor, City of Richmond, 2600 Barrett Avenue, Room 312, Richmond, California 94802.

California

San Pablo (City) Contra Costa County

Wildcat Creek

Approximately 700 feet downstream of Rumrill Boulevard

1

31

*30

Just downstream of Creek Vale Road

1

81

*81

San Pablo Creek

Approximately 50 feet downstream of Giant Road

1

29

*24

Approximately 100 feet upstream of Church Lane

1

57

*57

1

Mean Sea Level

Maps are available for inspection at One Alvarado Square, San Pablo, California.

Send comments to The Honorable Ron Kiedrowski, Acting City Manager, City of San Pablo, One Alvarado Square, San Pablo, California 94806.

Idaho

Idaho County (Unincorporated Areas)

Rapid River

Approximately 250 feet upstream of Interstate Highway 95

None

*2,002

Approximately 4,830 feet upstream of Interstate Highway 95

None

*2,078

Maps are available for inspection at 320 West Main Street, Grangeville, Idaho.

Send comments to The Honorable George Enneking, Chairman, Idaho County Board of Commissioners, 320 West Main Street, Room 5, Grangeville, Idaho 83530.

Oregon

Tillamook (City) (Tillamook County)

Dougherty Slough

At Main Avenue

*11

*11

Approximately 775 feet upstream of Main Avenue

*11

*12

Hoquarten Slough

Approximately 1,450 feet downstream of U.S. Highway 101—Main Avenue

*11

*11

Approximately 675 feet upstream of U.S. Highway 101—Main Avenue

*11

*13

Wilson River

Approximately 230 feet upstream of U.S. Highway 101

None

*17

Approximately 975 feet upstream of U.S. Highway 101

None

*18

Maps are available for inspection at City Hall, 210 Laurel Avenue, Tillamook, Oregon.

Send comments to The Honorable Robert McPheeters, Mayor, City of Tillamook, 210 Laurel Avenue, Tillamook, Oregon 97141.

Oregon

Tillamook County (Unincorporated Areas)

Dougherty Slough (Wilson River)

At confluence with Hoquarten Slough

*10

*10

Approximately 2,800 feet upstream of Wilson River Loop Road

*28

*27

Hoquarten Slough (Wilson River)

Approximately 3,250 feet upstream of confluence with Trask River

*10

*10

Approximately 700 feet upstream of Southern Pacific Railroad

*12

*15

Wilson River

Approximately 150 feet upstream of confluence with Tillamook Bay

*9

*10

Approximately 4,300 feet upstream of Wilson River Loop Road

*29

*28

Maps are available for inspection at the County Courthouse, 201 Laurel Avenue, Tillamook, Oregon.

Send comments to The Honorable Tim Josi, Chairperson, Tillamook County Board of Commissioners, 201 Laurel Avenue, Tillamook, Oregon 97141.

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

Dated: December 7, 2000.

Michael J. Armstrong,

Associate Director for Mitigation.

[FR Doc. 01-469 Filed 1-8-01; 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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