Proposed Flood Elevation Determinations

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-B-7447]

Proposed Flood Elevation Determinations

AGENCY:

Federal Emergency Management Agency (FEMA), 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 table below.

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:

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 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

[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) +Elevation in feet (NAVD)

Existing

Modified

California

Plumas County

Boyle Ravine

Confluence with Nugget Creek

None

+3,409

Approximately 625 feet upstream of Alder Street

None

+3,545

Chandler Creek

Confluence with Greenhorn Creek

None

+4,434

Approximately 320 feet upstream of Chandler Road

None

+3,464

Clear Stream

Confluence with Spanish Creek

None

+3,404

Approximately 2,200 feet upstream of conflunce of Gansner Creek

None

+3,427

Gasner Creek

Confluence with Clear Stream

None

+3,423

Approximately 740 feet upstream of Bucks Lake Road

None

+3,497

Greenhorn Creek

Confluence with Spanish Creek

None

+3,401

Approximately 1,950 feet upstream of Highway 89/70

None

+3,494

Mill Creek

Confluence with Spanish Creek

None

+3,401

Approximately 2,500 feet upstream of Highway 89/70

None

+3,555

Nugget Creek

Confluence with Mill Creek

None

+3,402

Approximately 200 feet upstream of Nugget Lane

None

+3,455

Spanish Creek

At Oakland Camp Road

None

+3,392

Approximately 11,700 feet upstream of Highway 89/70

None

+3,452

Taylor Creek

Confluence with Greenhorn Creek

None

+3,446

Approximately 300 feet upstream of Chandler Road

None

+3,491

Thompson Creek

Confluence with Greenhorn Creek

None

+3,454

Approximately 3,400 feet upstream of confluence with Thompson Creek Splitflow

None

+3,548

Thompson Creek Splitflow

Confluence with Thompson Creek

None

+3,488

Approximately 2,600 feet upstream of confluence with Thompson Creek

None

+3,493

Unnamed

Confluence with Boyle Ravine

None

+3,410

Tributary to Boyle Ravine

Approximately 150 feet upstream of Highway 89/70

None

+3,417

Wolf Creek

Approximately 4,500 feet downstream of Greenville Park Road Bridge

None

+3,534

Approximately 2 miles upstream of Main Street Bridge

None

+3,640

+ North American Vertical Datum

Maps are available for inspection at the Plumas County Planning Department, 520 Main Street, Room 21, Quincy, California 95971.

Send comments to The Honorable Kenneth Nelson, Chairman, Plumas County Board of Supervisors, 520 Main Street, Room 121, Quincy, California 95971.

Oregon

Durham (City),

Fanno Creek

At confluence with the Tualatin River

*126

*125

Washington County

At Burlington Northern Railroad

*126

*125

Tualatin River

At Interstate Highway 5

*123

*123

At Burlington Northern Railroad (Just upstream of confluence with Fanno Creek)

*126

*125

*Elevation in feet

Maps are available for inspection at City Hall, 17160 Southwest Upper Boones Ferry Road, Durham, Oregon 97281.

Send comments to The Honorable Gerry Schirado, Mayor, City of Durham, P.O. Box 23483, Durham, Oregon 97281.

Oregon

Tigard (City),

Ash Creek

Confluence with Fanno Creek

*160

*160

Just upstream of Oak Street

*169

*170

Washington County

Fanno Creek

At Burlington Northern Railroad

*126

*126

At Southwest Scholls Ferry Road

*162

*164

Summer Creek

At confluence with Fanno Creek

*157

*158

Just upstream of 135th Avenue

*175

*176

Tualatin River

At confluence with Fanno Creek

*126

*125

Approximately 1.6 miles upstream of confluence with Fanno Creek

*127

*127

*Elevation in feet

Maps are available for inspection at the Engineering Department, City Hall, 13125 Southwest Hall Boulevard, Tigard, Oregon 97223.

Send comments to The Honorable James Griffith, Mayor, City of Tigard, 13125 Southwest Hall Boulevard, Tigard, Oregon 97223.

Oregon

Beaverton (City),

Fanno Creek

Just upstream of Southwest Scholls Ferry Road

*163

*165

Washington County

Approximately 850 feet upstream of Southwest Scholls Ferry Road

*196

*198

*Elevation in feet

Maps are available for inspection at the Community Development Department, City Hall, 4755 Southwest Griffith Drive, Beaverton, Oregon 97076.

Send comments to The Honorable Rob Drake, Mayor, City of Beaverton, P.O. Box 4755, Beaverton, Oregon 97076.

Oregon

Washington County

Ash Creek

Just upstream of Southwest Hall Boulevard

*170

*171

Just upstream of Hemlock Street

*181

*181

Fanno Creek

Just upstream of Scholls Ferry Road

*193

*197

Approximately 200 feet upstream of Beaverton-Hillsdale Highway

*244

*243

*Elevation in feet

Maps are available for inspection at the Department of Land Use and Transportation, 155 North First Avenue, Suite 350, MS 12, Hillsboro, Oregon 97124.

Send comments to The Honorable Tom Brian, Chairman, Washington County Board of Commissioners, 155 North First Avenue, Suite 300, Hillsboro, Oregon 97124.

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

Dated: July 20, 2004.

David I. Maurstad,

Acting Director, Mitigation Division, Emergency Preparedness and Response Directorate.

[FR Doc. 04-17033 Filed 7-26-04; 8:45 am]

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