# Proposed Flood Elevation Determinations > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A03-11104 ## Record - **Collection:** Federal Register - **Document type:** Proposed Rule - **Published:** May 6, 2003 - **Citation:** 68 FR 23941 ## Text DEPARTMENT OF HOMELAND SECURTY Federal Emergency Management Agency 44 CFR Part 67 [Docket No. FEMA-B-7435] Proposed Flood Elevation Determinations AGENCY: Federal Emergency Management Agency, Emergency Preparedness and Response Directorate, Department of Homeland Security. 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: Mary Jean Pajak, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-2831. SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency 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 Mitigation Division Director of the Emergency Preparedness and Response Directorate 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 Gila County Bloody Tanks Wash Just upstream of Mine Road None *3,310 Just upstream of New Street None *3,357 Approximately 1,700 feet upstream of Southern Pacific Railroad Crossing *3,402 *3,398 Coyote Wash At confluence with Russell Gulch None *3,445 Approximately 2,400 feet upstream of Russell Road None *3,643 Ice House Canyon At Pubblo Ruins Road None *3,600 Just upstream of Pinal View Road None *3,670 At confluence of Kellner Canyon None *3,781 Kellner Canyon At confluence with Ice House Canyon None *3,781 Approximately 250 feet upstream of Kellner Canyon Road None *3,855 McMillen Wash Just downstream of 7th Street None *3,580 Pina Creek (at Globe) Approximately 2,400 feet downstream of U.S. 60/70 None *3,417 Just upstream of Pickson Drive None *3,633 Approximately 3,400 feet upstream of Six Shooter Canyon Road None *3,809 Roberts Wash At confluence with Russell Gulch None *3,348 Approximately 300 feet upstream of Roberts Road None *3,429 Russell Gulch Approximately 800 feet downstream of U.S. Route 60/70 None *3,304 Confluence of Coyote Wash None *3,444 Approximately 5,000 feet upstream of the confluence of Coyote Wash None *3,563 Watertank Wash At confluence with Russell Gulch None *3,352 Just upstream of Landfill Lane None *3,432 Approximately 5,400 feet upstream of Landfill Lane None *3,681 Depth in feet above ground Maps are available for inspection at the Gila County Courthouse, 1400 East Ash Street, and at the Library Office First Floor Planning and Zoning Counter, Globe, Arizona 85501. Send comments to The Honorable Cruz Salas, Chairman of the Gila County Board of Supervisors, 1400 East Ash Street, Globe, Arizona 85501. Arizona Miami (Town), Gila County Bloody Tanks Wash Approximately 850 feet upstream of Southern Pacific Railroad Crossing 3,402 *3,381 Approximately 500 feet upstream of Live Oak Street *3,380 *3,398 Approximately 1,700 feet upstream of Southern Pacific Railroad Crossing *3,444 *3,444 Depth in feet above ground Maps are available for inspection at the Town of Miami Town Hall, 500 Sullivan Street, and at the Memorial Library 1052 Adonis Avenue, Miami, Arizona 85539. Send comments to The Honorable Cruz Salas, Chairman of the Gila County Board of Supervisors, 1400 East Ash Street, Globe, Arizona 85501. Arizona Globe (City), Gila County Ice House Canyon At confluence with Pinal Creek (at Globe) None *3,578 Approximately 100 feet upstream of Public Ruins Road None *3,602 McMillen Wash At confluence with Pinal Creek (at Globe) None *3,539 Just upstream of U.S. Route 60/70 None *3,625 Just downstream of W. Mesquite Street None *3,768 Pinal Creek (at Globe) Approximately 200 feet upstream of Ruiz Canyon Road *3,539 *3,539 Approximately 1,200 feet upstream of the confluence of Ice House Canyon None *3,592 Russell Gulch Just downstream of Hospital Drive None *3,324 At confluence of Roberts Wash None *3,347 Approximately 1,000 feet upstream of the confluence of Watertank Wash None *3,363 Watertank Wash Approximately 4,000 feet upstream of Landfill Lane None *3,602 Approximately 4,500 feet upstream of Landfill Lane None *3,630 Depth in feet above ground Maps are available for inspection at the City of Globe City Hall, 150 North Pine Street, and at the Public Library, 339 South Broad Street, Globe, Arizona 85501. Send comments to The Honorable Stanley Gibson, Mayor of the City of Globe, 150 North Pine Street, Globe, Arizona 85501. Arizona La Paz County Centennial Wash Approximately 3,100 feet downstream from the confluence of Tributary A Wenden *1,837 *1,837 Approximately 3,700 feet upstream of Atchison, Topeka and Santa Fe Railroad *1,882 *1,884 Tributary B at Wenden Approximately 1,800 feet upstream of the Atchison, Topeka and Santa Fe Railroad *1,865 *1,865 Approximately 7,800 feet upstream of the Atchison, Topeka and Santa Fe Railroad None *1,910 Depth in feet above ground Maps are available for inspection at the Community Development Department, 1112 Joshua Avenue # 202, Parker, Arizona 85344. Send comments to The Honorable Clifford Edey, Chairperson, La Paz County Board of Supervisors, 1108 Joshua Avenue, Parker, Arizona 85344. Arizona Navajo County Mexican Lake Outlet Approximately 800 feet downstream of Abandoned Railroad None *5,934 Approximately 1,250 feet upstream of Abandoned Railroad None *5,979 Mexican Lake At Mexican Lake None *5,979 White Mountain Lake At White Mountain Lake None *5,979 Rocky Arroyo Approximately 1,000 feet downstream of Silver Creek Drive None *5,980 Approximately 3,900 feet upstream of Silver Creek Drive None *6,084 Lower Silver Creek Approximately 5,140 feet downstream of unnamed Road *5,642 *5,638 Approximately 150 feet downstream of the confluence With Show Low Creek *5,661 *5,659 Upper Silver Creek Approximately 2,050 feet downstream of Silver Lake Boulevard None *5,980 Approximately 450 feet downstream of Bourdon Rande Road None *6,107 Depth in feet above ground Maps are available for inspection at the Flood Control Division, County Governmental Complex, 100 East Carter Drive, Holbrook, Arizona 86025. Send comments to The Honorable Percy Deal, Chairman of the Board of Supervisors, P.O. Box 668, Holbrook, Arizona 86025. Arizona Taylor (Town) Lower Silver Creek Approximately 3,700 feet upstream of Willow Lane *5,627 *5,625 Navajo County Approximately 23,100 feet upstream of Willow Lane *5,647 *5,644 Depth in feet above ground Maps are available for inspection at the Town Hall, 425 West Bull Duck Road, Taylor, Arizona 85939. Send comments to The Honorable Floyd Fuentes, Mayor of the Town of Taylor, P.O. Box 158, Taylor, Arizona 85939. California San Luis Obispo County Los Berros Creek Approximately 750 feet downstream of El Conpo Road *103 *103 Approximately 4,000 feet downstream of State Route 101 None None Approximately 1,200 feet upstream of State Route 101 None None Depth in feet above ground Maps are available for inspection at the San Luis Obispo County Public Works Department, County Government Center, Room 207, 976 Osos Street, San Luis Obispo, California 93408. Send comments to The Honorable Michael Ryan, Chairperson of the San Luis Obispo County Board of Supervisors, County Government Center, Room 370, San Luis Obispo, California 93408. California Santa Barbara County Atasicadero Creek Approximately 4,400 feet downstream of Patterson Avenue None *14 Approximately 2,850 feet upstream of Arroyo Road *83 *83 Maria Ygnacia Creek At confluence with Atascadero Creek None *27 Approximately 1,400 feet upstream of San Marcos Road None *158 East Fork Maria Ygnacia Creek At the confluence with Maria Ygnacia Creek None *154 Approximately 1,450 feet upstream of a private bridge None *250 San Antonio Creek At the confluence with Maria Ygnacia Creek None *68 Approximately 500 feet upstream of Cathedral Oaks Road None *165 Depth in feet above ground Maps are available for inspection at the Flood Control District Office, 123 Anapamu Street, Santa Barbara, California 93101. Send comments to The Honorable Naomi Schwartz, Chairperson of the Santa Barbara County Board of Supervisors, 105 East Anapamu Street, Santa Barbara, California 93101. Colorado Erie (Town), Boulder and Weld Counties Coal Creek At confluence of Boulder Cotton No. 1 Ditch *5,043 +5,046 At Tri- County Airport *5,080 +5,083 Depth in feet above ground Maps are available for inspection at the Town of Erie Town Hall, 645 Holbrook Street, Erie, Colorado 80516. Send comments to The Honorable Barbara Connor, Mayor, Town of Erie, P.O. Box 750, Erie, Colorado 80516. Flooding source(s) Location of referenced elevation Elevation in feet *(NGVD) Elevation in feet +(NAVD) Effective Modified Communities affected Aurora County, and Incorporated Areas Skunk Creek Approximately 200 feet downstream of the 1st Street Bridge None +1,510 Fresno County (Unincorporated Areas), City of Plankinton At State Street None +1,524 Approximately 150 feet downstream of Interstate 90 None +1,529 Northwest Drainage At Main Street None +1,517 City of Plankinton Approximately 500 feet upstream of Kimball Street Bridge None +1,522 # Depth in feet above ground ADDRESSES Aurora County (Unincorporated Areas): Maps are available for inspection at 401 North Main Street, Plankinton, South Dakota 57368. Send comments to The Honorable Delayne Perrson, Chairperson of the Aurora County Board of Commissioners, P.O. Box 513, Plankinton, South Dakota 57368. City of Plankinton: Maps are available for inspection at City Hall, 125 North Main Street, Plankinton, South Dakota 57368. Send comments to the Honorable Leroy Greenwold, Mayor of the City of Plankinton, P.O. Box 517, Plankinton, South Dakota 57368. Hughes County, and Incorporated Areas Missouri River Approximately 8 miles downstream from the confluence with Hilgers Gulch None +1,425 Hughes County (Unincorporated Areas), City of Pierre Approximately 3 miles upstream of the confluence with Whisky Gulch None +1,431 # Depth in feet above ground ADDRESSES Hughes County (Unincorporated Areas): Maps are available for inspection at City Hall, 222 East Dakota Avenue, Pierre, South Dakota 57501. Send comments to the Honorable Roger Inman, Chairman of the Hughes County Board of Commissioners, 104 East Capitol Avenue, Pierre, South Dakota 57501 City of Pierre: Maps are available for inspection at City Hall, 222 East Dakota Avenue, Pierre, South Dakota 57501. Send comments to the Honorable Dennis Eisnach, Mayor of the City of Pierre, P.O. Box 1253, Pierre, South Dakota 57501. Stanley County, and Incorporated Areas Missouri River Approximately 8 miles downstream from the confluence with the Bad River None +1,425 Stanley County (Unincorporated Areas), City of Fort Pierre Approximately 4 miles upstream of the confluence with the Bad River None +1,431 # Depth in feet above ground ADDRESSES Stanley County (Unincorporated Areas): Maps are available for inspection at 8 East Second Avenue, Fort Pierre, South Dakota 57532. Send comments to the Honorable Robert Wilcox, Chairman of the Stanley County Board of Commissioners, P.O. Box 595, Fort Pierre, South Dakota 57532. City of Fort Pierre: Maps are available for inspection at 8 East Second Avenue, Fort Pierre, South Dakota 57532. Send comments to the Honorable Sam Tidball, Mayor of the City of Fort Pierre, P.O. Box 700, Fort Pierre, South Dakota 57532. King County, and Incorporated Areas Issaquah Creek Approximately 1,700 feet downstream of Southeast 56th Street *46 *45 King County (Unincorporated Areas), City of Issaquah Approximately 3,200 feet upstream of Sycamore Drive *141 *140 East Fork Issaquah Creek At confluence with Issaquah Creek *73 *75 City of Issaquah Just downstream of Interstate Highway 90 None *153 Gilman Boulevard Approximately 640 feet downstream of 10th Avenue Northwest None *56 City of Issaquah Overflow Issaquah Creek Approximately 1,000 feet upstream of 7th Avenue Northwest None *64 # Depth in feet above ground ADDRESSES King County (Unincorporated Areas): Maps are available for inspection at the Water and Land Department Flood Hazard Division, 201 South Jackson Street, Suite 600, Seattle, Washington 98104-3855. Send comments to the Honorable Ron Sims, King County Executive, 516 Third Avenue, Suite 400, Seattle, Washington 98104. City of Issaquah: Maps are available for inspection at the City Hall Department of Public Works, 1775 12th Avenue N.W., Issaquah, Washington 98027. Send comments to the Honorable Ava Frisinger, Mayor of the City of Issaquah, 130 East Sunset Way, Issaquah, Washington 98027 Natrona County, and Incorporated Areas Casper Creek Approximately 300 feet upstream from the confluence with North Platte River *5,116 *5,116 Natrona County (Unincorporated Areas), Town of Mills Approximately 4 miles upstream of State Highway 26 (West Chase Road) *5,198 *5,199 Eastdale Creek Approximately 1,250 feet downstream of East Yellowstone Highway None *5,103 Natrona County (Unincorporated Areas), City of Casper Approximately 100 feet downstream of Wyoming Boulevard None *5,482 East Branch Eastdale Creek At the confluence with Eastdale Creek None *5,292 Natrona County (Unincorporated Areas) Just downstream of Wyoming Boulevard None *5,480 Elkhorn Creek At the confluence with the North Platte River None *5,077 Natrona County (Unincorporated Areas), Town of Evansville, City of Casper Approximately 4,500 feet upstream of Interstate 25 None *5,184 Approximately 6,500 feet upstream of Spring Creek Branch Road None *5,972 Garden Creek Approximately 100 feet upstream of Garden Creek Road *5,619 *5,619 Natrona County (Unincorporated Areas) Approximately 1,700 feet upstream of Garden Creek Road None *6,313 Garden Creek, West Branch At the confluence with Garden Creek None *5,684 Approximately 2,300 feet upstream of Garden Creek Road None *6,634 Natrona County (Unincorporated Areas) North Platte River Approximately 800 feet upstream of U.S. Highway 20 and 26 None *5,116 Approximately 2,000 feet upstream of Wyoming Boulevard None *5,120 Town of Mills # Depth in feet above ground ADDRESSES Unincorporated Areas of Natrona County: Maps are available for inspection at the Natrona County Annex, 120 West First Street, Suite 200, Casper, Wyoming 82601. Send comments to the Honorable John Campbell, Chairman of the Natrona County Board of Supervisors, 200 North Center, Casper, Wyoming, 82601. Town of Evansville: Maps are available for inspection at the Evansville Town Hall, 235 Curtis Street, Evansville, Wyoming 82636. Send comments to the Honorable Barney Humphrey, Mayor of the Town of Evansville, P.O. Box 158, Evansville, Wyoming 82636. City of Casper: Maps are available for inspection at City Hall, 200 North David Street, Casper, Wyoming 82601. Send comments to the Honorable Barbara A. Peryam, Mayor of the City of Casper, 200 North David Street, Room 201, Casper, Wyoming 82601. Town of Mills: Maps are available for inspection at the Town of Mills Town Hall, 704 4th Street, Mills, Wyoming 82601. Send comments to the Honorable Robert Goff, Mayor of the Town of Mills, P.O. Box 789, Mills, Wyoming 82644. (Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance”) Dated: April 30, 2003. Anthony S. Lowe, Mitigation Division Director, Emergency Preparedness and Response Directorate. [FR Doc. 03-11104 Filed 5-5-03; 8:45 am] BILLING CODE 6718-04-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A03-11104. Public record. Not legal advice.