Flood elevation determinations: Alaska et al.,

[Federal Register: July 14, 1998 (Volume 63, Number 134)]

[Proposed Rules]

[Page 37808-37812]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr14jy98-25]

FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 67

[Docket No. FEMA-7250]

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 and proposed base flood elevation modifications for the communities listed below. The base flood elevations and modified base flood elevations 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 base flood elevations 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, Mitigation Directorate, 500 C Street SW., Washington, DC 20472, (202) 646-3461.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency proposes to make determinations of base flood elevations and modified base flood elevations 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 base flood and modified base flood elevations, 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.

[[Page 37809]]

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 Associate Director for Mitigation certifies that this proposed rule is exempt from the requirements of the Regulatory Flexibility Act because proposed or modified base flood elevations 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.

    Sec. 67.4 [AMENDED]

  2. The tables published under the authority of Sec. 67.4 are proposed to be amended as follows:

    City/town/county

    Source of flooding

    Location

    feet. (NGVD)

    Existing Modified

    Alaska............................... Homer (City) Kenai

    Kachemak Bay............................. At the northern end of Kachemak Bay Drive.................

    None

    *14 Peninsula Borough.

    Near Coal Point...........................................

    None

    *22 Near the intersection of Lake Street and Ocean Drive......

    None

    *28

    Maps are available for inspection at the City of Homer City Hall, Homer, Alaska.

    Send comments to The Honorable Jack Cushing, Mayor, City of Homer, 491 East Pioneer Avenue, Homer, Alaska 99603. To convert from NGVD to Mean Lower Low Water (MLLW), subtract 9.7 feet.

    Colorado............................. Loveland (City) Larimer Big Thompson River....................... Approximately 3,800 feet downstream of U.S. Highway 287...

    None *4,922 County.

    Approximately 550 feet downstream of U.S. Highway 287.....

    None *4,926

    Maps are available for inspection at Building and Development Services, 500 East Third Street, Loveland, Colorado.

    Send comments to The Honorable Treva Edwards, Mayor, City of Loveland, 500 East Third Street, Loveland, Colorado 80537.

    Kansas............................... Perry (City) Jefferson Kansas River............................. Approximately 1 mile southeast of Cedar Street at the

    *848

    +846 County.

    southeasternmost corporate limit.

    Approximately 200 feet south of Bridge Street............

    *850

    +850 Delaware River........................... At Union Pacific Railroad crossing over the Delaware River

    *850

    +850

    Maps are available for inspection at the City of Perry City Hall, 119 Elm Street, Perry, Kansas.

    Send comments to The Honorable Matt Willkomm, Mayor, City of Perry, P.O. Box 724, Perry, Kansas 66073.

    Please note that to convert to NAVD, add 0.26 foot to NGVD elevations.

    Louisiana............................ Delhi (Town) Richland Bayou Macon.............................. Approximately 1 mile downstream of U.S. 80................

    None

    *77 Parish.

    Approximately 0.5 mile upstream of U.S. 80................

    None

    *77 Maps are available for inspection at 202 Broadway, Delhi, Louisiana.

    Send comments to The Honorable James A. Hopson, Mayor, Town of Delhi, 209 Broadway, Delhi, Louisiana 71232.

    Texas................................ Cameron County

    Gulf of Mexico........................... Approximately 850 feet south of Old Queen Isabella

    *11

    *12 (Unincorporated Areas).

    Causeway.

    Approximately 600 feet northeast of the northern corporate

    *13

    *16 limits.

    Laguna Madre............................. Approximately 4,000 feet south of Old Queen Isabella

    *10

    *8 Causeway.

    Approximately 2,000 feet west of Padre Boulevard..........

    *6

    *8

    [[Page 37810]]

    Maps are available for inspection at the Cameron County Engineering Office, 805 West Price Road, Brownsville, Texas.

    Send comments to The Honorable Gilbert Hinojosa, Cameron County Judge, 964 East Harrison, Brownsville, Texas 78520.

    Texas................................ Mount Pleasant (City) Hart Creek Tributary..................... Approximately 1,300 feet downstream of Alexander Road.....

    None

    *322 Titus County.

    Approximately 130 feet upstream of State Highway 49.......

    *359

    *359 Approximately 290 feet downstream of West Sixth Street....

    None

    *407 Tributary 1.............................. At confluence with Hart Creek Tributary...................

    None

    *330 Approximately 1,300 feet upstream of confluence with Hart

    None

    *344 Creek Tributary.

    Tributary 2.............................. At confluence with Hart Creek Tributary...................

    None

    *358 Approximately 1,900 feet upstream of Stark Street.........

    None

    *370 Tributary 3.............................. At confluence with Hart Creek Tributary...................

    None

    *377 Approximately 1,620 feet upstream of West First Street....

    None

    *384

    Maps are available for inspection at the City of Mount Pleasant Public Works Facility, 1412 North Washington, Mount Pleasant, Texas.

    Send comments to The Honorable Jerry Boatner, Mayor, City of Mount Pleasant, 501 North Madison, Mount Pleasant, Texas 75455-3650.

    Muenster (City) Cooke Brushy Elm Creek......................... Approximately 400 feet downstream of Eddy Road............

    None

    *957 County.

    Approximately 150 feet downstream of U.S. Highway 82......

    None

    *963 Approximately 200 feet downstream of Ash Street...........

    None

    *967 Tributary 1.............................. Approximately 150 feet downstream of U.S. Highway 82......

    None

    *975 Approximately 270 feet upstream of Fifth Street...........

    None

    *997 Approximately 2,150 feet upstream of Seventh Street.......

    None *1,020 Tributary 2.............................. Approximately 150 feet downstream of Ash Street...........

    None

    *971 Approximately 1,100 feet upstream of Ash Street...........

    None

    *995 Tributary 3 Emergency Spillway........... At confluence with Tributary 3............................

    None

    *965 Approximately 900 feet downstream of Sixth Street.........

    None *1,000 Tributary 3.............................. At confluence with Tributary 3 Emergency Spillway.........

    None

    *965 At Sixth Street...........................................

    None *1,000 Approximately 1,200 feet upstream of confluence with

    None *1,018 Tributary 4.

    Tributary 4.............................. At confluence with Tributary 3............................

    None *1,007 Approximately 180 feet upstream of confluence with

    None *1,008 Tributary 3.

    Maps are available for inspection at the City of Muenster City Hall, 400 North Main, Muenster, Texas.

    Send comments to The Honorable Henry Weinzepfel, Mayor, City of Muenster, P.O. Box 208, Muenster, Texas 78252.

    South Padre Island

    Gulf of Mexico........................... Approximately 150 feet northeast of intersection of Gulf

    *8

    *12 (Town) Cameron County.

    Street and Gulf Boulevard.

    Approximately 500 feet northeast of intersection of Gulf

    *13

    *16 Street and Gulf Boulevard.

    Laguna Madre............................. At intersection of Palm Street at Laguna Boulevard........

    *6

    *8

    Maps are available for inspection at the Town of South Padre Island Building Department, 4405 Padre Boulevard, South Padre Island, Texas.

    Send comments to The Honorable Edmund Cyganiewicz, Mayor, Town of South Padre Island, 4501 Padre Boulevard, South Padre Island, Texas 78597.

    Travis County and

    Barton Creek............................. Approximately 4,000 feet downstream of Fitzhugh Road......

    *940

    *930 Incorporated Areas.

    [[Page 37811]]

    Approximately 740 feet upstream of Fitzhugh Road..........

    *951

    *943 Bear Creek............................... At confluence with Onion Creek............................

    *618

    *617 Approximately 4.4 miles upstream of Rock Dam

    None

    *805 (Approximately 240 feet upstream of County boundary).

    Bear Creek Tributary..................... At confluence with Bear Creek.............................

    *655

    *656 Approximately 9 feet upstream of FM 1626..................

    *655

    *656 Approximately 20 feet upstream of FM 1626.................

    *656

    *656 Boggy Creek South........................ At confluence with Onion Creek............................

    *560

    *558 Approximately 300 feet upstream of Bluff Springs Road.....

    *560

    *559 Approximately 375 feet upstream of Bluff Springs Road.....

    *560

    *560 Cottonmouth Creek........................ At confluence with Onion Creek............................

    *479

    *477 Approximately 5,150 feet (0.98mile) upstream of

    *481

    *480 confluence with Onion Creek.

    Approximately 5,350 feet (1.01 miles) upstream of

    *481

    *481 confluence with Onion Creek.

    Little Bear Creek........................ At confluence with Bear Creek.............................

    *636

    *634 Approximately 1.8 miles upstream of confluence with Bear

    *675

    *672 Creek (at County boundary).

    Long Branch.............................. Approximately 1,090 feet downstream of dam................ *1,015 *1,013 Approximately 1,835 feet upstream of dam (at County

    *1,036 *1,035 boundary).

    Marble Creek............................. At confluence with Onion Creek............................

    *538

    *540 Approximately 1,650 feet upstream of William Cannon Drive.

    *543

    *544 Approximately 1,700 feet upstream of William Cannon Drive.

    *544

    *544 Onion Creek.............................. At confluence with the Colorado River.....................

    *414

    *414 Approximately 2,060 feet upstream of confluence with the

    *416

    *417 Colorado River.

    Approximately 1.4 miles upstream of confluence of Garlic

    None

    *645 Creek (approximately 150 feet upstream of County

    boundary).

    Rinard Creek............................. At confluence with Onion Creek............................

    *578

    *576 Approximately 1,370 feet upstream of Bradshaw Road........

    *578

    *577 Approximately 1,405 feet upstream of Bradshaw Road........

    *578

    *578 Slaughter Creek.......................... At confluence with Onion Creek............................

    *572

    *571 Approximately 3,850 feet upstream of confluence with Onion

    *573

    *572 Creek.

    Approximately 4,100 feet upstream of confluence with Onion

    *573

    *573 Creek.

    Williamson Creek......................... At confluence with Onion Creek............................

    *524

    *526 Approximately 2,940 feet upstream of Jimmy Cliff Drive....

    *528

    *529 Approximately 3,030 feet upstream of Jimmy Cliff Drive....

    *529

    *529 Williamson Creek Tributary 1............. At confluence with Williamson Creek.......................

    *524

    *526 Approximately 2,480 feet upstream of confluence with

    *525

    *526 Williamson Creek.

    Approximately 2,520 feet upstream of confluence with

    *526

    *526 Williamson Creek.

    Williamson Creek Tributary 2............. At confluence with Williamson Creek.......................

    *524

    *526 Approximately 2,410 feet upstream of confluence with

    *526

    *526 Williamson Creek.

    [[Page 37812]]

    Maps are available for inspection at the Travis County Transportation and Natural Resources Department, Executive Office Building, 411 West 13th Street, Austin, Texas.

    Send comments to The Honorable Bill Aleshire, Travis County Judge, P.O. Box 1748, Austin, Texas 78767.

    Maps are available for inspection at the City of Austin Watershed Engineering Division, 206 East Ninth Street, Suite No. 17102, Austin, Texas.

    Send comments to The Honorable Kirk Watson, Mayor, City of Austin, P.O. Box 1088, Austin, Texas 78767.

    Washington.......................... Clark County

    East Fork Lewis River.................... Approximately 17,000 feet downstream of Daybreak Road.....

    *31

    *32 (Unincorporated Areas).

    ......................................... Approximately 400 feet downstream of Daybreak Road........

    *76

    *75

    Maps are available for inspection at the Clark County Department of Community Development, Development Services Division, Office of Engineering Review, 1408 Franklin Street, Vancouver, Washington.

    Send comments to The Honorable Betty Sue Morris, Chairperson, Clark County Board of Commissioners, P.O. Box 5000, Vancouver, Washington 98666-5000.

    (Catalog of Federal Domestic Assistance No. 83.100, ``Flood Insurance'')

    Dated: July 7, 1998. Michael J. Armstrong, Associate Director for Mitigation.

    [FR Doc. 98-18724Filed7-13-98; 8:45 am]

    BILLING CODE 6718-04-P

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