[Federal Register Volume 67, Number 80 (Thursday, April 25, 2002)]
[Proposed Rules]
[Pages 20481-20485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-10219]


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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.

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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) [email protected].

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:

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                                                                                                                                                                          #Depth in feet above
                                                                                                                                                                          ground. *Elevation in
                State                      City/town/county                  Source of flooding                                      Location                                 feet. (NGVD)
                                                                                                                                                                       -------------------------
                                                                                                                                                                          Existing     Modified
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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.
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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.
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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.
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                                                                   Elevation in feet
                                       Location of referenced           *(NGVD)
         Flooding source(s)                  elevation        --------------------------   Communities affected
                                                                Effective     Modified
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                                Jefferson County, Colorado and Incorporated Areas
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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
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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
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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
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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.
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(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. 02-10219 Filed 4-24-02; 8:45 am]
BILLING CODE 6718-04-P