Proposed Flood Elevation Determinations

FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 67

[Docket No. FEMA-B-7427]

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

California

Yolo, Uninc, Areas Overflow

North Davis Overflow

At Union Pacific Railroad Bridge (confluence with Union Pacific Railroad Drain)

None

*42

At Highway 101 A and Union Pacific Railroad Bridge Over North Davis Drain

None

*46

Union Pacific Railroad Drain

At Union Pacific Railroad Bridge (confluence with North Davis Overflow)

None

*42

Maps are available for inspection at City Hall, 292 West Beamer Street, Woodland, California.

Send comments to The Honorable Dave Rosenberg, Chairman, Yolo County Board of Supervisors, 625 Court Street, Room 204, Woodland, California 95695.

California

Davis, (City) Yolo County

North Davis Overflow

At Union Pacific Railroad Bridge (confluence with Union Pacific Railroad Drain)

None

*42

Approximately 950 feet upstream of confluence with Union Pacific Railroad Drain

None

*43

Union Pacific Railroad Drain

At Union Pacific Railroad Bridge (confluence with North Davis Overflow)

None

*42

Approximately 340 feet downstream of Covell Boulevard

None

*43

Maps are available for inspection at City Hall, 23 Russell Boulevard, Davis, California.

Send comments to The Honorable Ken Wagstaff, Mayor, City of Davis, 23 Russell Boulevard, Davis, California 95616.

California

Lafayette, (City), Contra Costa County

Reliez Creek

Approximately 60 feet upstream of Old Tunnel Road

250

*252

Approximately 110 feet downstream of Quandt Road

354

*352

Approximately 160 feet upstream of Pleasant Hill Road

362

*368

Reliez Creek Overflow

Along Circle Road from its confluence with Reliez Creek to approximately 300 feet southeast of Ortega Avenue

None

*279

Maps are available for inspection at Lafayette Planning Office, 3675 Mt. Diablo Street, Lafayette, California.

Send comments to The Honorable Don Tatzin, Mayor, City of Lafayette, P.O. Box 1968, Lafayette, California 94549.

Flooding source(s)

Location of referenced elevation

Elevation in feet *(NGVD)

Effective

Modified

Communities affected

Jefferson County, Colorado and Incorporated Areas

North Branch Airport Creek

Approximately 1,800 feet downstream of Wadsworth Avenue

None

*5,440

Jefferson County (Uninc. Areas)

Approximately 700 feet upstream of Wadsworth Avenue

None

*5,534

Bear Creek

Approximately 4,000 feet downstream of South Wadsworth Boulevard

None

*5,357

City of Lakewood

Approximately 1,200 feet downstream of South Wadsworth Boulevard

None

*5,373

Bear Creek Tributary No. 3

Approximately 400 feet downstream of Dedisse Park Road

*7,174

*7,174

Jefferson County (Uninc. Areas)

Approximately 1,300 feet upstream of Dedisse Park Road

*7,260

*7,260

Lena Gulch

Approximately 600 feet upstream of Orion Street

None

*5,828

City of Golden

Approximately 1,500 feet downstream of U.S. Highway 6

None

*5,885

Approximately 300 feet downstream of U.S. Highway 6

None

*5,913

Little Dry Creek

Just downstream of Lowell Boulevard

None

*5,267

City of Westminister

Sanderson Gulch

Approximately 50 feet upstream of Sheridan Boulevard

*5,416

*5,415

City of Lakewood

Ralston Creek

Approximately 1,050 feet upstream of Ward Street

None

*5,458

Jefferson County (Uninc. Areas)

Approximately 700 feet downstream of Beech Street

None

*5,472

Approximately 3,050 feet downstream of Indian Street

None

*5,514

Approximately 100 feet downstream of Indian Street

None

*5,534

Van Bibber Creek

Just downstream of the Miller Street

*5,365

*5,374

Jefferson County (Uninc. Areas)

Just upstream of Ward Road Bridge

*5,437

*5,438

Walnut Creek

Approximately 1,800 feet upstream of the confluence with Countryside Creek

None

*5,360

Jefferson County (Uninc. Areas)

Weir Gluch

Apprximately 1,700 feet downstream of Ohio Avenue

None

*5,374

City of Lakewood

Just upstream of Sheridan Boulevard

*5,364

*5,365

ADDRESSES

Jefferson County (Unincorporated Areas):

Maps are available for inspection at City Hall, 100 Jefferson County Parkway, Suite 3, Golden, Colorado.

Send comments to The Honorable Michelle Lawrence, Chairperson, Jefferson County, Board of Commissioners, 100 Jefferson County Parkway, Suite 5550, Golden, Colorado 80419.

City of Golden:

Maps are available for inspection at the Planning Department, 1445 10th Street, Golden, Colorado.

Send comments to The Honorable Jan C. Scheneck, Mayor, City of Golden, 911 10th Street, Golden, Colorado 80401.

City of Lakewood:

Maps are available for inspection at the Engineering Division, 445 South Allison Parkway, Lakewood, Colorado.

Send comments to The Honorable Steve Burkholder, Mayor, City of Lakewood, 4800 South Allison Parkway, Lakewood, Colorado 80226.

City of Westminster:

Maps are available for inspection at City Hall, 4800 West 92nd Avenue, Westminster, Colorado.

Send comments to The Honorable Nancy M. Heil, Mayor, City of Westminster, 4800 West 92nd Avenue, Westminster, Colorado 80031.

Hamilton County, Kansas and Incorporated Areas

Arkansas River

Approximately 11,000 feet downstream of State Highway 27

None

*3,211

Hamilton County (Uninc. Areas)

Approximately 2.6 miles upstream of State Highway 27

None

*3,240

Syracuse Creek

Just upstream of the Atchinson, Topeka, Santa Fe Railroad and U.S. Highway 50

None

*3,243

Hamilton County (Uninc. Areas)

Approximately 2,100 feet upstream of State Highway 27 (US Highway 207)

None

*3,262

Syracuse Creek Overflow

Approximately 500 feet southeast of the Interstate of State Highway 27 and G Avenue

*3,249

*3,244

City of Syracuse

ADDRESSES

Hamilton County (Unincorporated Areas):

Maps are available for inspection at Hamilton County Superintendents Office, 219 North Main Street, Syracuse, Kansas.

Send comments to The Honorable Dave Schwieterman, Chairperson, Hamilton County Board of Commissioners, P.O. Box 1167, Syracuse, Kansas 67878.

City of Syracuse:

Maps are available for inspection at City Hall, 109 North Main Street, Syracuse, Kansas.

Send comments to The Honorable Garett Shamburg, Mayor, City of Syracuse, P.O. Box 148, Syracuse, Kansas 67878.

Clay County, Missouri and Incorporated Areas

Fishing River

Approximately 5,000 feet downstream of Highway 3

None

*780

City of Kearney

Just downstream of Burlington North Railroad bridge

None

*786

Approximately 1,600 feet downstream of Mosby Road

*762

*763

City of Mosby

Approximately 400 feet upstream of U.S. Highway 69

*772

*777

Approximately 6,600 feet downstream of Highway H

*752

*752

Village of Prathers

Just downstream of Highway H

*755

*757

Approximately 1,600 feet downstream of Mosby Road

*762

*760

Just upstream of Clay/Ray County Border

*732

*730

Clay County

Just upstream of Jesse James Farm Road

*776

*778

(Uninc. Areas)

Just downstream of Interstate 35 bridge

*792

*788

Approximately 4,800 feet upstream of Highway A

None

*859

East Fork Fishing River

Confluence with Fishing River

*744

*745

Clay County

Just upstream of 112th Street

*747

*749

(Uninc. Areas)

Approximately 3,800 feet downstream of Seabold Road

*752

*756

Approximately 3,800 feet downstream of Seabold Road

*752

*756

City of Excelsior Springs

Just upstream of Sebold Road

*758

*759

Crockett Creek

Approximately 250 feet upstream of confluence with Holmes Creek

*767

*772

Clay County (Uninc. Areas)

Just downstream of 12th Street

*782

*783

Just upstream of Stockdale Road

*810

*790

At the Confluence with Holmes Creek

*767

*772

City of Mosby

Approximately 350 feet upstream of the confluence with Holmes Creek

*767

*772

Holmes Creek

Approximately 250 feet upstream confluence of Crockett Creek

*767

*772

Clay County (Uninc. Areas)

Just upstream of Summersette Road

*770

*777

Just upstream of Highway 33

None

*813

At the confluence with Fishing River

*764

*772

City of Mosby

Approximately 350 feet upstream of West Mosby Road

*767

*772

Clear Creek

Confluence with Fishing River

*772

*777

Clay County

Just upstream of 140th Street bridge

*775

*778

(Uninc. Areas)

Just downstream of Interstate 35

*797

*794

Approximately 6,300 feet upstream of Nation Road

None

*824

Approximately 1,150 feet downstream of Summit Street

None

*783

City of Kearney

Just downstream of Interstate 35

*797

*794

Approximately 1,000 feet upstream of Highway 33

*804

*801

First Creek

Confluence with Second Creek (Approximately 1,000 feet downstream of Highway 92 bridge)

*836

*818

Clay County (Uninc. Areas)

Just upstream of 144th Street bridge

*849

*851

Approximately 2,600 feet upstream of 144th Street bridge

None

*860

Appoximately 2,900 feet upstream of 144th Street

None

*861

City of Smithville

Second Creek

Approximately 1,550 feet upstream of Main Street

*817

*814

Clay County (Uninc. Areas)

Confluence of First Creek (Approximately 1,000 feet downstream of Highway 92 bridge)

*836

*818

Confluence with Little Platte River

*814

*814

City of Smithville

Approximately 1,550 feet upstream of Main Street

*814

*814

Rocky Branch

Approximately 1,150 feet upstream from Confluence with Wilkerson Creek

*849

*846

Clay County (Uninc. Areas)

Confluence with Wilkerson Creek

*848

*846

City of Smithville

Just upstream of 140th Street

*865

*865

Polecat Creek

Confluence with Wilkerson Creek

None

*881

Clay County (Uninc. Areas)

Approximately 2,500 feet upstream of Mt. Olive Road

None

*932

Wilkerson Creek

Approximately 1,500 feet upstream of Confluence with Little Platte River

*818

*816

Clay County (Uninc. Areas)

Just downstream of Highway 92

*840

*840

Approximately 5,000 feet upstream of 132th Street bridge

None

*906

Confluence with Little Platte River

*814

*814

City of Smithville

Appoximately 1,500 feet downstream of 144th Street bridge

*857

*851

Williams Creek

At the confluence with Fishing River

*756

*760

Village of Prathersville

Approximately 550 feet upstream of the Chicago Rock Island and Pacific Railroad

*761

*764

ADDRESSES

Clay County (Unincorporated Areas):

Maps are available for inspection at City Hall, 234 W. Shrader Street, Suite C, Liberty, Missouri.

Send comments to The Honorable Thomas Brandon, Presiding Commissioner, Clay County, Board of Commissioners, County Administration Building, Courthouse Square, Liberty, Missouri 64068.

City of Kearney:

Maps are available for inspection at City Hall, 100 East Washington Street, Kearney, Missouri.

Send comments to The Honorable Bill Dane, Mayor, City of Kearney, P.O. Box 797, 100 East Washington Street, Kearney, Missouri 64060.

City of Smithville:

Maps are available for inspection at City Hall, 107 West Main Street, Smithville, Missouri.

Send comments to The Honorable Ron Van Winkle, Mayor, City of Smithville, 107 West Main Street, Smithville, Missouri 64089.

City of Excelsior Springs:

Maps are available for inspection at City Hall, 201 East Broadway, Excelsior Springs, Missouri.

Send comments to The Honorable Benny Ward, Mayor, City of Excelsior Springs, 201 East Broadway, Excelsior Springs, Missouri 64024.

City of Mosby:

Maps are available for inspection at City Hall, 12312 4th Street, Mosby, Missouri.

Send comments to The Honorable Donald Carmichael, Mayor, City of Mosby, 12404 Pony Express Road, Mosby, Missouri 64073.

Village of Prathersville:

Maps are available for inspection at City Hall, 12212 County Road, Excelsior Springs, Missouri.

Send comments to The Honorable Paul Owen, Chairman, Village of Prathers, Board of Trustees, 12212 County Road, Excelsior Springs, Missouri 64024

Okanogan County, Washington and Incorporated Areas

Conconully Reservior

At Conconully Reservoir

None

*2,286

Town of Conconully, Okanogan County (Uninc. Areas)

ADDRESSES

Okanogan County (Unincorporated Areas):

Maps are available for inspection at City Hall, 123 North Fifth Street, Okanogan, Washington.

Send comments to The Honorable Bob Hirst, Chairperson, Okanogan County Board of Commissioners, 123 North Fifth Street, Room 150, Okanogan, Washington 98840.

Town of Conconully:

Maps are available for inspection at the Town Office, 21 North Main Street, Conconully, Washington.

Send comments to The Honorable Charles Alexander, Mayor, Town of Conconully, Town Office, P.O. Box 127, Conconully, Washington 98819.

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

Dated: April 3, 2002.

Robert F. Shea,

Acting Administrator, Federal Insurance and Mitigation Administration.

[FR Doc. 02-10219 Filed 4-24-02; 8:45 am]

BILLING CODE 6718-04-P