Proposed Flood Elevation Determinations

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-B-7439]

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:

Doug Bellomo, P.E. Hazard Identification Section, Emergency Preparedness and Response Directorate, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-2903.

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

California

Goleta (City), Santa Barbara County

Maria Ygnacia Creek

Approximately 900 feet downstream of Hollister Avenue

None

*36

Approximately 80 feet downstream of confluence of San Antonio Creek

None

*64

Depth in feet above ground.

Maps are available for inspection at City Hall, 6500 Hollister Avenue, Goleta, California 93117.

Send comments to The Honorable Jack Hawxhurst, Mayor, City of Goleta, 6500 Hollister Avenue, Suite 120, Goleta, California 93117.

Colorado

City and County, Broomfield

Rock Creek

At Brainard Drive (Country Road 19)

*5,307

*5,309

Approximately 200 feet upstream of West Flatiron Bridge

None

+5,373

Depth in feet above ground.

Maps are available for inspection at City Hall One Descombes Drive, Broomfield, Colorado 80020.

Send comments to The Honorable Karen Stuart, Mayor, City and County of Broomfield, One Descombes Drive, Broomfield, Colorado 80020.

Colorado

Pitkin County

Southside Split

Approximately 1,200 feet Flow downstream of State Highway 82 Bypass

None

*6,558

Approximately 6,000 feet upstream of State Highway

/

82 Bypass

None

*6,637

Roaring Fork River

Approximately 5,500 feet downstream of Hooks Spur Road

*6,524

*6,526

Approximately 50 feet downstream of confluence of Snowmass Creek

*6,844

*6,844

Depth in feet above ground.

Maps are available for inspection at the GIS Department, 130 South Galena Street, Aspen, Colorado 81611.

Send comments to The Honorable Jack Hatfield, Chairperson, Pitkin County Board of Commissioners, 530 East Main Street, Third Floor, Aspen, Colorado 81611.

Idaho

Kootenai County

Coeur d'Alene River

Approximately 1.5 miles downstream of Interstate Highway 90

*2,145

*2,145

Approximately 100 feet upstream of the Abandoned Union Pacific Railroad

*2,148

*2,151

Coeur d'Alene

At Tamarack Ridge Road

*2,146

*2,145

River Overflow

Mission Flats area north of Interstate 90

*2,146

*2,145

Depth in feet above ground.

Maps are available for inspection at the Kootenai County Planning Department, 451 Government Way, Coeur d'Alene, Idaho 83816.

Send comments to The Honorable Richard Panabaker, Chairperson, Kootenai County Board of Commissioners, 451 Government Way, Coeur d'Alene, Idaho 83816.

North Dakota

Bismarck (City), Burleigh County

Missouri River

Approximately 3.8 miles upstream of confluence of Little Heart River

*1,631

*1,632

Approximately 1.7 miles upstream of Old Brunt Creek

*1,638

*1,639

Depth in feet above ground.

Maps are available for inspection at the Building Inspection Office, 1020 East Central Avenue, Bismarck, North Dakota 58501.

Send comments to The Honorable John Warford, Mayor, City of Bismarck, P.O. Box 5503, Bismarck, North Dakota 58506-5503.

North Dakota

Burleigh County

Missouri River

Approximately 500 feet downstream of confluence of Apple Creek

*1,627

*1,628

Approximately 5.7 miles upstream of confluence Square Butte Creek

*1,643

*1,644

Burnt Creek

At confluence with Missouri River

*1,639

*1,640

Just upstream of North Dakota Highway 1804

*1,646

*1,650

Depth in feet above ground.

Maps are available for inspection at the County Building Inspections Office, 1020 East Central Avenue, Bismarck, North Dakota 58501.

Send comments to The Honorable Claus Lembke, Chairman, Burleigh County Board of Commissioners, 221 North Fifth Street, Bismarck, North Dakota 58506.

North Dakota

Mandan (City), Morton County

Missouri River

Approximately 1.1 miles downstream of Bismarck Expressway bridge

*1,634

*1,635

Approximately 2.8 miles upstream of Interstate Highway 94

*1,638

*1,639

Depth in feet above ground.

Maps are available for inspection at City Hall, 205 Second Avenue, Northwest, Mandan, North Dakota 58554.

Send comments to The Honorable Ken LaMont, Mayor, City of Mandan, 205 Second Avenue, Northwest, Mandan, North Dakota 58554.

North Dakota

Morton County

Missouri River

At confluence of Apple Creek

*1,627

*1,628

Approximately 5.7 miles upstream of confluence of Square Butte Creek

*1,643

*1,644

Depth in feet above ground.

Maps are available for inspection at the County Courthouse, 210 Second Avenue, Northwest, Mandan, North Dakota 58554.

Send comments to The Honorable Dick Tokach, Chairman, Morton County Board of Commissioners, 210 Second Avenue, Northwest, Mandan, North Dakota 58554.

South Dakota

Standing Rock Sioux Tribe

Grand River (at Bullhead)

Approximately 4,000 feet downstream of confluence of Rock Creek

None

+1,759

Approximately 4,600 feet upstream of confluence of Stink Creek

None

+1,774

Grand River (at Little Eagle)

Approximately 3.4 miles downstream of State Route

None

+1,638

Approximately 2,000 feet upstream of State Route 63

None

+1,651

Oak Creek

Approximately 7,500 feet downstream of Sewage Lagoons

None

+1,622

Approximately 2,900 feet upstream of Old Irrigation Dam

None

+1,646

Rock Creek

At confluence with Grand River (at Bullhead)

None

+1,761

Approximately 7,500 feet upstream of Bullhead Road

None

+1,793

Depth in feet above ground.

Maps are available for inspection at the Tribal Land Management, South River Road, Fort Yates, North Dakota 58538.

Send comments to The Honorable Charles Murphy, Chairman, Standing Rock Sioux Tribe, P.O. Box D, Fort Yates, North Dakota 58538.

South Dakota

Cheyenne River Sioux Tribe, Dewey and Ziebach County

Bear Creek

Approximately 5,800 feet upstream of State Route 65

None

+2,345

Just upstream of Cherry Road

None

+2,357

Approximately 1,200 feet upstream of U.S. Route 212

None

+2,365

Cherry Creek

At confluence with Cheyenne River

None

+1,723

Just upstream of Main Street

None

+1,729

Approximately 7,000 feet upstream of Main Street

None

+1,735

Cheyenne River

Approximately 6,200 feet upstream of Plum Creek

None

+1,714

Just upstream confluence of Cherry Creek

None

+1,723

Approximately 1,730 feet upstream confluence of Cherry Creek

None

+1,728

Virgin Creek

Approximately 5,800 feet downstream of U.S. Route 212

None

+1,896

Just upstream of U.S. Route 212

None

+1,914

Approximately 3 miles upstream of U.S. Route 212

None

+1,950

Depth in feet above ground.

Maps are available for inspection at the Economic Development Center, P.O. Box 590, Eagle Butte, South Dakota 57625.

Send comments to The Honorable Harold Frazier, Tribal Chairman, Cheyenne River Sioux Tribe, P.O. Box 590, Eagle Butte, South Dakota 57625.

Eagle County, and Incorporated Areas

Flooding source(s)

Location of referenced elevation

Elevation in feet

*(NGVD)

Elevation in feet

+ (NAVD)

Effective

Modified

Communities affected

Buffehr Creek

At confluence with Gore Creek

*7,951

+7,956

Eagle County.

Approximately 1,700 feet upstream of Circle Drive

None

+8,180

(Uninc. Area) and Town of Vail.

Black Gore Creek

At confluence with Lower Gore Creek

*8,574

+8,575

Town of Vail.

Approximately 1,280 feet upstream of confluence with Lower Gore Creek

*8,632

+8,628

Bighorn Creek

At confluence with Gore Creek

*8,422

+8,431

Town of Vail.

Approximately 350 feet upstream of Columbine Drive

None

+8,639

Middle Creek

At confluence with Gore Creek

*8,112

+8,118

Town of Vail.

Approximately 850 feet upstream of Interstate Highway 70

*8,330

+8,335

Pitkin Creek

At confluence with Gore Creek

*8,358

+8,366

Town of Vail.

Approximately 200 feet upstream of Fall Line Drive

None

+8,454

Town of Vail.

Red Sandstone Creek

At confluence with Gore Creek

*8,071

+8,078

Just upstream of Potato Patch Drive

None

+8,254

Roaring Fork River

At Eagle County/Garfield County boundary

None

+6,380

Eagle County.

Just downstream of Emma Road

None

+6,600

(Uninc. Areas) and Town of Basalt.

South Side Split Flow

At confluence with Roaring Fork River

None

+6,553

Eagle County.

Approximately 1,200 feet downstream of State Highway 82 Bypass

None

+6,563

(Uninc. Areas) and Town of Basalt.

Eagle River

Approximately 500 feet downstream of U.S. Highway 6

*6,273

+6,277

(Uninc. Areas).

Just downstream of confluence with Brush Creek

None

+6,502

East Mill Creek

At confluence with Gore Creek

*8,168

+8,175

Eagle County.

Just upstream of Vail Road

None

+8,292

(Uninc. Areas) and Town of Vail.

Gore Creek

Just upstream of confluence with Eagle River

Eagle County.

At confluence with Upper and Lower Gore Creek

None

+8,561

(Uninc. Areas) and Town of Vail.

Lower Gore Creek

At confluence with Gore Creek

*8,555

+8,561

Eagle County.

At Divergence from Upper Gore Creek

None

+8,610

(Uninc. Areas) and Town of Vail.

Spraddle Creek

At confluence with Gore Creek

*8,132

+8,138

Town of Vail.

Approximately 1,150 feet upstream of Interestate Highway 70

None

+8,274

Upper Gore Creek

At confluence with Gore Creek

*8,556

+8,562

Eagle County.

Approximately 1,000 feet upstream of Interstate Highway 70 westbound

None

+8,682

(Uninc. Areas) and Town of Vail.

West Mill Creek

Just downstream of Gore Drive

*8,176

+8,165

Eagle County.

Just upstream of Vail Road

None

+8,292

(Uninc. Areas) and Town of Vail.

Booth Creek

At confluence with Gore Creek

*8,290

+8,296

Town of Vail.

Approximately 1,300 feet upstream of interstate Highway 70

*8,384

+8,392

# Depth in feet above ground.

* National Geodetic Datum.

+ National American Vertical Datum.

Addresses:

Unincorporated Areas Eagle County:

Maps are available for inspection at 500 Broadway Street, Eagle, Colorado 81631.

Send comments to the Honorable Michael Gallagher, Chairman Eagle County Board of Commissioners, P.O. Box 850, Eagle, Colorado 81631.

Town of Gypsum:

Maps are available for inspection at 50 Lundgren Boulevard, Gypsum, Colorado 81637.

Send comments to the Honorable Stephen M. Carver, Mayor, Town of Gypsum, P.O. Box 28, Gypsum, Colorado 81637.

Town of Basalt:

Maps are available for inspection at the Town Hall, 101 Midland Avenue, Basalt, Colorado 81621.

Send comments to the Honorable Richard P. Stevens, Mayor, Town of Basalt, Town Hall, 101 Midland Avenue, Basalt, Colorado 81621.

Town of Vail:

Maps are available for inspection at the Community Development Office, 75 South Frontage Road, Vail, Colorado 81657.

Send comments to the Honorable Ludwig Kurz, Mayor, Town of Vail, 75 South Frontage Road, Vail, Colorado 81657.

Charles Mix County, and Incorporated Areas

Flooding source(s)

Location of referenced elevation

Elevation in feet

*(NGVD)

Elevation in feet

+ (NAVD)

Effective

Modified

Communities affected

Unnamed Creek (near Wagner).

Approximately 400 feet upstream of 396th Avenue

None

*1,413

Yankton Sioux Tribe and City of Wagner.

Approximately 600 feet downstream of 394th Avenue

None

*1,458

Left Bank Tributary of Mosquito Creek (near Marty)

Approximately 1,400 feet downstream of 303rd Street

None

*1,434

Yankton Sioux Tribe.

Approximately 1,950 feet upstream of 303rd Street

None

*1,458

# Depth in feet above ground.

* National Geodetic Datum.

+ National American Vertical Datum.

Addresses:

Yankton Sioux Tribe:

Maps are available for inspection at 100 North Main Street, Marty, South Dakota 57361.

Send comments to the Honorable Madonna Archambeau, Tribal Chairwoman, Yankton Sioux Tribe, 100 Main Street, Marty South Dakota 57361.

City of Wagner:

Maps are available for inspection at the City Hall, 106 Sheridan Avenue, Southeast, Wagner, South Dakota 57380.

Send comments to the Honorable Sharon Haar, Mayor, City of Wagner, 106 Sheridan Avenue, Southeast, Wagner, South Dakota 57380.

King County, and Incorporated Areas

Flooding source(s)

Location of referenced elevation

Elevation in feet

*(NGVD)

Elevation in feet

+ (NAVD)

Effective

Modified

Communities affected

Snoqualmie River

Approximately 2,000 feet downstream of confluence of Middle Fork and South Fork Snoqualmie River

*425

*424

King County (Uninc. Areas) and City of Snoqualmie.

South Fork Snoqualmie River

At confluence with Middle Fork Snoqualmie River

*427

*425

King County (Uninc. Areas), City of Snoqualmie, and City of North Bend.

Approximately 700 feet upstream of eastbound I-90 bridge

*475

*475

Middle Fork Snoqualmie River.

At confluence of North Fork Snoqualmie River

*426

*426

King County (Uninc. Areas) and City of Snoqualmie.

Approximately 260 feet downstream of Southeast Mount SI Road

*478

*478

Lower Overflow

At Southeast 100th Street

*429

*428

King County (Uninc. Areas) and City of North Bend.

Approximately 1,400 feet upstream of North Pickett Avenue

None

*449

Middle Overflow

Just upstream of Northeast 420th Avenue

*431

*432

King County (Uninc. Areas) and City of North Bend.

At Borst Avenue Northeast

#2

*441

Upper South Overflow

Approximately 400 feet downstream of Ballarat Avenue North

#2

*437

King County (Uninc. Areas) and City of North Bend.

At divergence from Middle Fork Snoqualmie River

*467

*467

Upper North Overflow

Approximately 150 feet downstream of Ogle Avenue Northeast

#2

*441

King County (Uninc. Areas) and City of North Bend.

Approximately 400 feet downstream of 120th Street

*460

*457

Gardiner Creek

At Bolch Avenue Northwest

None

*429

King County (Uninc. Areas) and City of North Bend.

Upstream of Northwest Eighth Street

None

*435

# Depth in feet above ground.

* National Geodetic Datum.

+ National American Vertical Datum.

Addresses:

Unincorporated Areas of King County:

Maps are available for inspection at the King DDES, Blackriver Corp. Park, 900 Oakesdale Avenue Southwest, Suite 100, Renton, Washington 98055.

Send comments to the Honorable Ron Sims, King County Executive, 516 Third Avenue, Suite 400, Seattle, Washington 98104.

City of North Bend:

Maps are available for inspection at 1155 East North Bend Way, North Bend, Washington 98045.

Send comments to the Honorable Joan Simpson, Mayor, City of North Bend, P.O. Box 896, North Bend, Washington 98045.

City of Snoqualmie:

Maps are available for inspection at the Planning Directors Office, 8020 Railroad Avenue Southeast, Snoqualmie, Washington 98065.

Send comments to the Honorable Randy Fletcher, Mayor, City of Snoqualmie, P.O. Box 987, Snoqualmie, Washington 98065.

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

Dated: September 30, 2003.

Anthony S. Lowe,

Mitigation Division Director, Emergency Preparedness and Response Directorate.

[FR Doc. 03-25346 Filed 10-6-03; 8:45 am]

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