Flood elevation determinations: Various States,

[Federal Register: April 25, 2002 (Volume 67, Number 80)]

[Proposed Rules]

[Page 20481-20485]

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

[DOCID:fr25ap02-17]

FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 67

[Docket No. FEMA-B-7427]

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 Acting 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

[[Page 20482]]

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

  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

    California........................... Yolo, Uninc, Areas

    North Davis Overflow..................... At Union Pacific Railroad Bridge (confluence with Union

    None

    *42 Overflow.

    Pacific Railroad Drain). At Highway 101 A and Union Pacific Railroad Bridge Over

    None

    *46 North Davis Drain. Union Pacific Railroad Drain............. At Union Pacific Railroad Bridge (confluence with North

    None

    *42 Davis Overflow). Maps are available for inspection at City Hall, 292 West Beamer Street, Woodland, California.

    Send comments to The Honorable Dave Rosenberg, Chairman, Yolo County Board of Supervisors, 625 Court Street, Room 204, Woodland, California 95695.

    California........................... Davis, (City) Yolo

    North Davis Overflow..................... At Union Pacific Railroad Bridge (confluence with Union

    None

    *42 County.

    Pacific Railroad Drain). Approximately 950 feet upstream of confluence with Union

    None

    *43 Pacific Railroad Drain. Union Pacific Railroad Drain............. At Union Pacific Railroad Bridge (confluence with North

    None

    *42 Davis Overflow). Approximately 340 feet downstream of Covell Boulevard.....

    None

    *43 Maps are available for inspection at City Hall, 23 Russell Boulevard, Davis, California.

    Send comments to The Honorable Ken Wagstaff, Mayor, City of Davis, 23 Russell Boulevard, Davis, California 95616.

    California........................... Lafayette, (City),

    Reliez Creek............................. Approximately 60 feet upstream of Old Tunnel Road.........

    250

    *252 Contra Costa County. Approximately 110 feet downstream of Quandt Road..........

    354

    *352 Approximately 160 feet upstream of Pleasant Hill Road.....

    362

    *368 Reliez Creek Overflow.................... Along Circle Road from its confluence with Reliez Creek to

    None

    *279 approximately 300 feet southeast of Ortega Avenue. Maps are available for inspection at Lafayette Planning Office, 3675 Mt. Diablo Street, Lafayette, California.

    Send comments to The Honorable Don Tatzin, Mayor, City of Lafayette, P.O. Box 1968, Lafayette, California 94549.

    Elevation in feet Location of referenced

    *(NGVD) Flooding source(s)

    elevation

    Communities affected Effective Modified

    Jefferson County, Colorado and Incorporated Areas

    North Branch Airport Creek.......... Approximately 1,800

    None *5,440 Jefferson County feet downstream of

    (Uninc. Areas) Wadsworth Avenue. Approximately 700 feet

    None *5,534 upstream of Wadsworth Avenue. Bear Creek.......................... Approximately 4,000

    None *5,357 City of Lakewood feet downstream of South Wadsworth Boulevard. Approximately 1,200

    None *5,373 feet downstream of South Wadsworth Boulevard. Bear Creek Tributary No. 3.......... Approximately 400 feet

    *7,174 *7,174 Jefferson County downstream of Dedisse

    (Uninc. Areas) Park Road. Approximately 1,300

    *7,260 *7,260 feet upstream of Dedisse Park Road. Lena Gulch.......................... Approximately 600 feet

    None *5,828 City of Golden upstream of Orion Street. Approximately 1,500

    None *5,885 feet downstream of U.S. Highway 6. Approximately 300 feet

    None *5,913 downstream of U.S. Highway 6.

    [[Page 20483]]

    Little Dry Creek.................... Just downstream of

    None *5,267 City of Westminister Lowell Boulevard. Sanderson Gulch..................... Approximately 50 feet

    *5,416 *5,415 City of Lakewood upstream of Sheridan Boulevard. Ralston Creek....................... Approximately 1,050

    None *5,458 Jefferson County feet upstream of Ward

    (Uninc. Areas) Street. Approximately 700 feet

    None *5,472 downstream of Beech Street. Approximately 3,050

    None *5,514 feet downstream of Indian Street. Approximately 100 feet

    None *5,534 downstream of Indian Street. Van Bibber Creek.................... Just downstream of the

    *5,365 *5,374 Jefferson County Miller Street.

    (Uninc. Areas) Just upstream of Ward

    *5,437 *5,438 ....................... Road Bridge. Walnut Creek........................ Approximately 1,800

    None *5,360 Jefferson County feet upstream of the

    (Uninc. Areas) confluence with Countryside Creek. Weir Gluch.......................... Apprximately 1,700 feet

    None *5,374 City of Lakewood downstream of Ohio Avenue. Just upstream of

    *5,364 *5,365 ....................... Sheridan Boulevard. ADDRESSES Jefferson County (Unincorporated Areas):

    Maps are available for inspection at City Hall, 100 Jefferson County Parkway, Suite 3, Golden, Colorado. Send comments to The Honorable Michelle Lawrence, Chairperson, Jefferson County, Board of Commissioners, 100 Jefferson County Parkway, Suite 5550, Golden, Colorado 80419.

    City of Golden:

    Maps are available for inspection at the Planning Department, 1445 10th Street, Golden, Colorado. Send comments to The Honorable Jan C. Scheneck, Mayor, City of Golden, 911 10th Street, Golden, Colorado 80401.

    City of Lakewood:

    Maps are available for inspection at the Engineering Division, 445 South Allison Parkway, Lakewood, Colorado.

    Send comments to The Honorable Steve Burkholder, Mayor, City of Lakewood, 4800 South Allison Parkway, Lakewood, Colorado 80226.

    City of Westminster:

    Maps are available for inspection at City Hall, 4800 West 92nd Avenue, Westminster, Colorado.

    Send comments to The Honorable Nancy M. Heil, Mayor, City of Westminster, 4800 West 92nd Avenue, Westminster, Colorado 80031.

    Hamilton County, Kansas and Incorporated Areas

    Arkansas River...................... Approximately 11,000

    None *3,211 Hamilton County (Uninc. feet downstream of

    Areas) State Highway 27. Approximately 2.6 miles

    None *3,240 upstream of State Highway 27. Syracuse Creek...................... Just upstream of the

    None *3,243 Hamilton County (Uninc. Atchinson, Topeka,

    Areas) Santa Fe Railroad and U.S. Highway 50. Approximately 2,100

    None *3,262 feet upstream of State Highway 27 (US Highway 207). Syracuse Creek Overflow............. Approximately 500 feet

    *3,249 *3,244 City of Syracuse southeast of the Interstate of State Highway 27 and G Avenue. ADDRESSES Hamilton County (Unincorporated Areas):

    Maps are available for inspection at Hamilton County Superintendents Office, 219 North Main Street, Syracuse, Kansas.

    Send comments to The Honorable Dave Schwieterman, Chairperson, Hamilton County Board of Commissioners, P.O. Box 1167, Syracuse, Kansas 67878.

    City of Syracuse:

    Maps are available for inspection at City Hall, 109 North Main Street, Syracuse, Kansas.

    Send comments to The Honorable Garett Shamburg, Mayor, City of Syracuse, P.O. Box 148, Syracuse, Kansas 67878.

    Clay County, Missouri and Incorporated Areas

    Fishing River....................... Approximately 5,000

    None

    *780 City of Kearney feet downstream of Highway 3. Just downstream of

    None

    *786 Burlington North Railroad bridge. Approximately 1,600

    *762

    *763 City of Mosby feet downstream of Mosby Road. Approximately 400 feet

    *772

    *777 upstream of U.S. Highway 69. Approximately 6,600

    *752

    *752 Village of Prathers feet downstream of Highway H. Just downstream of

    *755

    *757 Highway H. Approximately 1,600

    *762

    *760 feet downstream of Mosby Road. Just upstream of Clay/

    *732

    *730 Clay County Ray County Border. Just upstream of Jesse

    *776

    *778 (Uninc. Areas) James Farm Road. Just downstream of

    *792

    *788 Interstate 35 bridge. Approximately 4,800

    None

    *859 feet upstream of Highway A. East Fork Fishing River............. Confluence with Fishing

    *744

    *745 Clay County River. Just upstream of 112th

    *747

    *749 (Uninc. Areas) Street. Approximately 3,800

    *752

    *756 feet downstream of Seabold Road. Approximately 3,800

    *752

    *756 City of Excelsior feet downstream of

    Springs Seabold Road. Just upstream of Sebold

    *758

    *759 Road.

    [[Page 20484]]

    Crockett Creek...................... Approximately 250 feet

    *767

    *772 Clay County (Uninc. upstream of confluence

    Areas) with Holmes Creek. Just downstream of 12th

    *782

    *783 Street. Just upstream of

    *810

    *790 Stockdale Road. At the Confluence with

    *767

    *772 City of Mosby Holmes Creek. Approximately 350 feet

    *767

    *772 upstream of the confluence with Holmes Creek. Holmes Creek........................ Approximately 250 feet

    *767

    *772 Clay County (Uninc. upstream confluence of

    Areas) Crockett Creek. Just upstream of

    *770

    *777 Summersette Road. Just upstream of

    None

    *813 Highway 33. At the confluence with

    *764

    *772 City of Mosby Fishing River. Approximately 350 feet

    *767

    *772 upstream of West Mosby Road. Clear Creek......................... Confluence with Fishing

    *772

    *777 Clay County River. Just upstream of 140th

    *775

    *778 (Uninc. Areas) Street bridge. Just downstream of

    *797

    *794 Interstate 35. Approximately 6,300

    None

    *824 feet upstream of Nation Road. Approximately 1,150

    None

    *783 City of Kearney feet downstream of Summit Street. Just downstream of

    *797

    *794 Interstate 35. Approximately 1,000

    *804

    *801 feet upstream of Highway 33. First Creek......................... Confluence with Second

    *836

    *818 Clay County (Uninc. Creek (Approximately

    Areas) 1,000 feet downstream of Highway 92 bridge). Just upstream of 144th

    *849

    *851 Street bridge. Approximately 2,600

    None

    *860 feet upstream of 144th Street bridge. Appoximately 2,900 feet

    None

    *861 City of Smithville upstream of 144th Street. Second Creek........................ Approximately 1,550

    *817

    *814 Clay County (Uninc. feet upstream of Main

    Areas) Street. Confluence of First

    *836

    *818 Creek (Approximately 1,000 feet downstream of Highway 92 bridge). Confluence with Little

    *814

    *814 City of Smithville Platte River. Approximately 1,550

    *814

    *814 feet upstream of Main Street. Rocky Branch........................ Approximately 1,150

    *849

    *846 Clay County (Uninc. feet upstream from

    Areas) Confluence with Wilkerson Creek. Confluence with

    *848

    *846 City of Smithville Wilkerson Creek. Just upstream of 140th

    *865

    *865 Street. Polecat Creek....................... Confluence with

    None

    *881 Clay County (Uninc. Wilkerson Creek.

    Areas) Approximately 2,500

    None

    *932 feet upstream of Mt. Olive Road. Wilkerson Creek..................... Approximately 1,500

    *818

    *816 Clay County (Uninc. feet upstream of

    Areas) Confluence with Little Platte River. Just downstream of

    *840

    *840 Highway 92. Approximately 5,000

    None

    *906 feet upstream of 132th Street bridge. Confluence with Little

    *814

    *814 City of Smithville Platte River. Appoximately 1,500 feet

    *857

    *851 downstream of 144th Street bridge. Williams Creek...................... At the confluence with

    *756

    *760 Village of Fishing River.

    Prathersville Approximately 550 feet

    *761

    *764 upstream of the Chicago Rock Island and Pacific Railroad. ADDRESSES Clay County (Unincorporated Areas):

    Maps are available for inspection at City Hall, 234 W. Shrader Street, Suite C, Liberty, Missouri.

    Send comments to The Honorable Thomas Brandon, Presiding Commissioner, Clay County, Board of Commissioners, County Administration Building, Courthouse Square, Liberty, Missouri 64068.

    City of Kearney:

    Maps are available for inspection at City Hall, 100 East Washington Street, Kearney, Missouri.

    Send comments to The Honorable Bill Dane, Mayor, City of Kearney, P.O. Box 797, 100 East Washington Street, Kearney, Missouri 64060.

    City of Smithville:

    Maps are available for inspection at City Hall, 107 West Main Street, Smithville, Missouri.

    Send comments to The Honorable Ron Van Winkle, Mayor, City of Smithville, 107 West Main Street, Smithville, Missouri 64089.

    City of Excelsior Springs:

    Maps are available for inspection at City Hall, 201 East Broadway, Excelsior Springs, Missouri.

    Send comments to The Honorable Benny Ward, Mayor, City of Excelsior Springs, 201 East Broadway, Excelsior Springs, Missouri 64024.

    City of Mosby:

    Maps are available for inspection at City Hall, 12312 4th Street, Mosby, Missouri.

    Send comments to The Honorable Donald Carmichael, Mayor, City of Mosby, 12404 Pony Express Road, Mosby, Missouri 64073.

    [[Page 20485]]

    Village of Prathersville:

    Maps are available for inspection at City Hall, 12212 County Road, Excelsior Springs, Missouri.

    Send comments to The Honorable Paul Owen, Chairman, Village of Prathers, Board of Trustees, 12212 County Road, Excelsior Springs, Missouri 64024

    Okanogan County, Washington and Incorporated Areas

    Conconully Reservior................ At Conconully Reservoir

    None *2,286 Town of Conconully, Okanogan County (Uninc. Areas) ADDRESSES Okanogan County (Unincorporated Areas):

    Maps are available for inspection at City Hall, 123 North Fifth Street, Okanogan, Washington.

    Send comments to The Honorable Bob Hirst, Chairperson, Okanogan County Board of Commissioners, 123 North Fifth Street, Room 150, Okanogan, Washington 98840.

    Town of Conconully: Maps are available for inspection at the Town Office, 21 North Main Street, Conconully, Washington.

    Send comments to The Honorable Charles Alexander, Mayor, Town of Conconully, Town Office, P.O. Box 127, Conconully, Washington 98819.

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

    Dated: April 3, 2002. Robert F. Shea, Acting Administrator, Federal Insurance and Mitigation Administration.

    [FR Doc. 02-10219Filed4-24-02; 8:45 am]

    BILLING CODE 6718-04-P

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