Proposed Flood Elevation Determinations

FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 67

[Docket No. FEMA-B-7430]

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 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

Colusa County

Elk Creek

At confluence with Salt Creek

None

*138

Approximately 1,250 feet downstream of Reddington Road

None

*156

Salt Creek

Just upstream of Interstate 5 southbound

None

*125

Approximately 1,250 feet upstream of Hillgate Road

None

*172

Stone Corral Creek

Right overbank overflow at landing strip in NW corner of Section 34, Township 17N, Range 3W

None

*87

Approximately 350 feet upstream of Cemetery Road

None

*102

Stone Corral Creek, Right Overbank

Right overbank overflow at landing strip in NW corner of Section 34, Township 17N, Range 3W

None

*87

Approximately 350 feet upstream of Cemetery Road

None

*102

Stone Corral Creek, Left Overbank

Approximately 2,200 feet downstream of Interstate 99

None

*90

Approximately 350 feet of Cemetery Road

None

*102

Salt Creek, Right Overbank

Approximately 300 feet west of the intersection of Bailey Road and Southern Pacific Railroad

None

*128

Approximately 2,500 feet southwest of intersection of Hillgate Road and Almond Avenue

None

#1

Salt Creek, Left Overbank

Approximately 1,700 feet north of confluence of Salt Creek and Elk Creek

None

#1

Approximately 1,700 feet west of intersection of Hillgate Road and Almond Avenue

None

#1

Local Ponding

Approximately 1,000 feet southwest of Maxwell Sites Road and Interstate 5

None

#1

Approximately 1,500 feet northwest of Maxwell Sites Road and Interstate 5

None

*87

Approximately 1,700 feet west of intersection of E Street and Venice Boulevard

None

*89

Approximately 1,100 feet east of confluence of Salt Creek and Spring Creek

None

*90

Just upstream of intersection of Maxwell Sites Road and Southern Pacific Railroad

None

*88

At intersection of Finks Road and Cemetery Road

None

#2

Approximately 1,000 feet northeast of Hillgate Road and Interstate 5

None

#1

Approximately 1,200 feet southwest of Hillgate Road and Interstate 5

None

#1

Approximately 2,300 feet east of Hillgate Road and Southern Pacific Railroad

None

#1

Approximately 1,200 feet east of Hillgate Road and Southern Pacific Railroad

None

#2

Approximately 1,500 feet west of Hillgate Road and Southern Pacific Railroad

None

#1

Maps are available for inspection at the Colusa County Courthouse Office of County Clerk, 547 Market Street, or the Coulsa County Department of Public Works, 1215 Market Street, Colusa, California 95932.

Send comments to Mr. John Wrysinski, Interim Director, Colusa County, Department of Public Works, 1215 Market Street, Colusa, California 95932.

California

Tehama County

Reeds Creek

Approximately 250 feet upstream of Paskenta Road

None

*285

Approximately 1,000 feet upstream of confluence of Pine Creek

None

*309

Maps are available for inspection at the Tehama County Building Department, 444 Oak Street, Red Bluff, California 96080.

Send comments to The Honorable Rick Robinson, Chief Administrator, Tehama County, P.O. Box 927, Red Bluff, California 96080.

North Dakota

Langdon (City), Cavalier County

Mulberry Creek

Approximately 250 feet downstream of Highway 5

None

+1,597

Confluence of 5th Street Coulee

None

+1,600

Just downstream of Highway 1

None

+1,608

ND Highway 1 Ditch

Approximately 450 feet upstream of Simplot Crossing

None

+1,609

Approximately 1,500 feet upstream of Highway 5

None

+1,612

Diversion Channel

Approximately 300 feet downstream of 10th Street

None

+1,610

Approximately 700 feet upstream of 10th Street

None

+1,612

5th Street Coulee

Confluence with Mulberry Creek

None

+1,600

Just downstream of 12th Avenue

None

+1,605

Approximately 1,400 feet upstream of 18th Street

None

+1,609

Maps are available for inspection at City Hall, 324 Eighth Avenue, Langdon, North Dakota 58249.

Send comments to The Honorable Don Haugen, Mayor, City Hall, 324 Eighth Avenue, Langdon, North Dakota 58249.

South Dakota

Spearfish (City), Lawrence County

False Bottom Creek

Approximately 700 feet downstream of westbound lane of Interstate 90

*3,920

*3,919

Just upstream of eastbound lane of Interstate 90

*3,936

*3,935

Approximately 390 feet upstream of U.S. Highway 14 (Alternate Route)

*3,944

*3,945

Maps are available for inspection at City Hall, 625 Fifth Street, Spearfish, South Dakota 57783.

Send comments to The Honorable Jerry Krambeck, Mayor, City of Spearfish, City Hall, 625 Fifth Street, Spearfish, South Dakota 57783.

South Dakota

Minnehaha County

Skunk Creek

Approximately 4,400 feet downstream of U.S. Highway 16

*1,429

*1,431

Just upstream of County Route 139

*1,442

*1,444

Approximately 150 feet upstream of County Route 142

*1,448

*1,448

Maps are available for inspection at the County Administration Building, 415 North Dakota Avenue, Sioux Falls, South Dakota 57106.

Send comments to The Honorable Robert Kolbe, Chairperson, Minnehaha County Board of Commissioners, County Administration Building, 415 North Dakota Avenue, Sioux Falls, South Dakota 57106.

Wyoming

Lincoln County

Salt River

Approximately 2,500 feet downstream of McCox Road

None

*5,623

Just upstream of secondary Highway 239

None

*5,775

Approximately 9,000 feet upstream of U.S. Highway 89

None

*5,987

Maps are available for inspection at the Emergency Management Office, 520 Topaz Street, Kemmerer, Wyoming 83101.

Send comments to The Honorable Kathleen Davison, Chairperson, Lincoln County Board of Commissioners, County Courthouse, 925 Sage Avenue, Kemmerer, Wyoming 83101.

Flooding Source(s)

Location of referenced elevation

Elevation in feet *(NGVD) Elevation in feet + (NAVD)

Effective

Modified

Communities affected

OKLAHOMA

Kingfisher County, and Incorporated Areas

Cimarron River

Approximately 9,000 feet downstream of confluence with Campbell Creek

None

*969

Kingfisher County (Uninc. Areas).

Approximately 750 feet downstream of County Road NS282

None

*1,044

Approximately 2,800 feet upstream of County Road EW60

None

*1,120

Kingfisher Creek

At confluence with Cimarron River

None

*1,018

Kingfisher County (Uninc. Areas) and City of Kingfisher.

Approximately 1,000 feet downstream of 13th Street

*1,048

*1,047

Little Turkey Creek

Approximately 1,000 feet upstream of County Road EW68

None

*1,063

Kingfisher County (Uninc. Areas).

Approximately 3,200 feet upstream of State Highway 81

None

*1,116

Turkey Creek (Main Channel)

Approximately 60 feet upstream of County Road EW715

*1,039

*1,038

Kingfisher County (Uninc. Areas).

Approximately 4,500 feet upstream of US Highway 51

None

*1,093

Turkey Creek Split Flow

Approximately 2,400 feet downstream of US Route 81

*1,029

*1,028

Kingfisher County (Uninc. Areas) and Town of Dover.

Approximately 1,400 feet upstream of County Road EW71

*1,038

*1,043

ADDRESSES

Kingfisher County (Unincorporated. Areas)

Maps are available for inspection at Kingfisher County Floodplain Administrator's Office, County Courthouse, 101 South Main Street, Room 5, Kingfisher, Oklahoma 73750.

Send comments to The Honorable Jim Shimanek, Chairman, Kingfisher County Board of Commissioners, County Courthouse, 101 South Main Street, Room 9, Kingfisher, Oklahoma 73750.

City of Kingfisher

Maps are available for inspection at City Hall, 301 North Main Street, Kingfisher, Oklahoma 73750.

Send comments to The Honorable Richard Reynolds, Mayor, City of Kingfisher, City Hall, 301 North Main Street, Kingfisher, Oklahoma 73750.

Town of Dover

Maps are available for inspection at Town Hall, 101 North Chisholm, Dover, Oklahoma 73734.

Send comments to The Honorable Lee McNulty, Mayor, Town of Dover, P.O. Box 195, Dover, OK 73734.

NEW MEXICO

Quay County, and Incorporated Areas

Arroyo 1

Confluence with Tucumcari Lake

None

+4,016

Quay County (Uninc. Areas).

Just downstream Chicago Rock Island and Pacific Railroad

None

+4,040

Arroyo 1A

Confluence with Arroyo 1

None

+4,033

Quay County (Uninc. Areas).

Approximately 245 feet upstream of Quay Road AL

None

+4,080

Arroyo 2

Confluence with Lake Tucumcari

None

+4,016

Quay County (Uninc. Areas).

Approximately 4,100 feet upstream of confluence with Lake Tucumcari

None

+4,043

Arroyo 3

Confluence with Lake Tucumcari

None

+4,016

Quay County (Uninc. Areas), City of Tucumcari.

Approximately 1,750 feet upstream of US Highway 54

*4,079

+4,079

Arroyo 4

Confluence with Lake Tucumcari

*4,013

+4,016

Quay County (Uninc. Areas), City of Tucumcari.

Just downstream New Mexico Highway 18

None

+4,139

Arroyo 4D

Confluence with Arroyo 4

None

+4,036

Quay County (Uninc. Areas).

Approximately 650 feet upstream of US Interstate 40

None

+4,063

Arroyo 4 Overflow

Confluence with Tucumcari Lake

None

+4,016

Quay County (Uninc. Areas), City of Tucumcari.

Just downstream of Tucumcari Boulevard

None

+4,033

Confluence with Tucumcari Lake

None

+4,016

Approximately 420 feet downstream of Laughlin Avenue

None

+4,023

Arroyo 4F (Rankin Draw)

Just upstream of Tucumcari Boulevard

None

+4,034

Quay County (Uninc. Areas), City of Tucumcari.

Approximately 180 feet upstream of South Monroe Street

None

+4,089

Arroyo 5

Approximately 2,300 feet downstream of Chicago Rock Island and Pacific Railroad

None

+4,057

Quay County (Uninc. Areas), City of Tucumcari.

Approximately 2,650 feet upstream of the confluence of Arroyo 5

None

+4,159

Arroyo 5B

Confluence with Arroyo 5

None

+4,124

Quay County (Uninc. Areas).

Approximately 1,910 feet upstream of the confluence with Arroyo 5

None

+4,150

Arroyo 6

Approximately 2,850 feet downstream of Chicago Rock Island and Pacific Railroad

None

+4,068

Quay County (Uninc. Areas), City of Tucumcari.

Approximately 4,100 feet upstream of Eastbound Interstate 40

None

+4,185

Arroyo 6A

Confluence with Arroyo 6

*4,094

+4,096

Quay County (Uninc. Areas), City of Tucumcari.

Approximately 2,500 feet upstream of I-40 Ramp A

None

+4,169

Arroyo 7 (Bluewater Creek)

Approximately 2,600 feet downstream of confluence of Arroyo 7A

None

+4,061

Quay County (Uninc. Areas), City of Tucumcari.

Approximately 4,500 feet upstream of confluence with Arroyo 7B

*4,107

*4,109

Arroyo 7B

At confluence with Arroyo 7

*4,089

+4.091

Quay County (Uninc. Areas), City of Tucumcari.

Approximately 3,500 feet upstream of confluence of Arroyo 7C

None

+4,131

Arroyo 7C

At confluence with Arroyo 7B

*4,106

+4,108

Quay County (Uninc. Areas), City of Tucumcari.

At Chicago Rock Island and Pacific Railroad

None

+4,155

San Jon Creek

Approximately 1,000 feet upstream of sewage disposal area

None

+4,021

Village of San Jon, Quay County (Uninc. Areas).

Approximately 450 feet downstream of Fourth Street

None

+4,034

ADDRESSES

Quay County (Unincorporated. Areas)

Maps are available for inspection at Quay County Clerks Office, 300 South 3rd Street, Tucumcari, New Mexico 88401.

Send comments to The Honorable Paula Chacon, County Manager, Quay County, P.O. Box 1246, Tucumari, New Mexico 88401.

City of Tucumcari

Maps are available for inspection at City Hall, 512 South 8th Street, Tucumcari, New Mexico 88401.

Send comments to The Honorable Calvin Litchfield, Mayor, City of Tucumcari, P.O. Box 1188, Tucumcari, New Mexico 88401.

Village of San Jon

Maps are available for inspection at City Hall, 507 Elm Avenue, San Jon, New Mexico 88434.

Send comments to The Honorable Joe Clark, Mayor, Village of San Jon, P.O. Box 37, San Jon, New Mexico 88434.

WASHINGTON

Whatcom County, and Incorporated Areas

Strait of Georgia at Point Roberts

At Point Roberts Marina

None

*8

Whatcom County (Uninc. Areas).

South Edwards Drive along southern shore

None

*11

(Uninc. Areas).

Birch Bay Northwest Shore

At intersection of Seahome Road and Searshore Court

None

*8

Whatcom County (Uninc. Areas).

At Cottonwood Beach

None

*9

Along shoreline near intersection of Halda Road and Nitinat Road

None

*14

Strait of Georgia at Sandy Point

At marina

None

*8

Whatcom County (Uninc. Areas) and LummiIndian Reservation.

Along eastern Shore Drive

None

*9

Along western shoreline

None

*14

Strait of Georgia at Village Point

Along West Shore Drive

None

*9

Whatcom County (Uninc. Areas).

Along southern shoreline

None

*10

Lummi Bay

Approximately 600 feet from intersection of East Turtle Lane and Shore Drive

None

*8

Whatcom County (Uninc Areas).

Along shoreline near intersection of Lummi Park Road and Lane Split Road

None

*10

Bellingham Bay at Hermosa Beach

East of Lummi Shore Road

None

*8

Whatcom County (Uninc. Areas) and LummiIndian Reservation.

Lummi Bay at Gooseberry Point

At intersection of Lummi View Drive and Haxton Way

None

*8

Whatcom County (Uninc. Areas) and LummiIndian Reservation.

Approximately 300 feet west of intersection of Lummi View Drive and Haxton Way

None

*9

Bellingham Bay at Eliza Island

In the south-facing valley of Eliza Island

None

*8

Whatcom County (Uninc. Areas).

At the southern shore of Eliza Island

None

*10

At the western shore of Eliza Island

None

*10

ADDRESSES

Whatcom County (Unincorporated. Areas)

Maps are available for inspection at the Watcom County Department of Public Works, Division of Engineering, 284 West Kellogg Street, Suite C, Bellingham, Washington 98226.

Send comments to The Honorable Pete Kremen, Whatcom County Executive, 285 West Kellogg Street, Bellingham, Washington 98226.

Lummi Indian Reservation

Maps are available for inspection at the Lummi Indian Business Council Planning Department, 2828 Kwina Road, Bellingham, Washington 98226.

Send comments to The Honorable Darrell Frye, Chairman, Lummi Indian Business Council, Tribal Office, 2616 Kwina Road, Bellingham, Washington 98226.

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

Dated: September 30, 2002.

Anthony S. Lowe,

Administrator, Federal Insurance and Mitigation Administration.

[FR Doc. 02-26217 Filed 10-15-02; 8:45 am]

BILLING CODE 6718-04-P