[Federal Register Volume 69, Number 201 (Tuesday, October 19, 2004)]
[Rules and Regulations]
[Pages 61445-61448]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23305]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67


Final Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency (FEMA), Emergency 
Preparedness and Response Directorate, Department of Homeland Security.

ACTION: Final rule.

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SUMMARY: Base (1% annual-chance) Flood Elevations (BFEs) and modified 
BFEs are made final for the communities listed below. The BFEs and 
modified BFEs are the basis for the floodplain management measures that 
each community is required either to

[[Page 61446]]

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: Effective Date: The date of issuance of the Flood Insurance Rate 
Map (FIRM) showing BFEs and modified BFEs for each community. This date 
may be obtained by contacting the office where the FIRM is available 
for inspection as indicated in the table below.

ADDRESSES: The final 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 makes the final determinations listed 
below of BFEs and modified BFEs for each community listed. The proposed 
BFEs and proposed modified BFEs were published in newspapers of local 
circulation and an opportunity for the community or individuals to 
appeal the proposed determinations to or through the community was 
provided for a period of ninety (90) days. The proposed BFEs and 
proposed modified BFEs were also published in the Federal Register.
    This final rule is issued in accordance with Section 110 of the 
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR Part 
67.
    FEMA has developed criteria for floodplain management in floodprone 
areas in accordance with 44 CFR Part 60.
    Interested lessees and owners of real property are encouraged to 
review the proof Flood Insurance Study and FIRM available at the 
address cited below for each community.
    The BFEs and modified BFEs are made final in the communities listed 
below. Elevations at selected locations in each community are shown.
    National Environmental Policy Act. This 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 
rule is exempt from the requirements of the Regulatory Flexibility Act 
because final 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 final 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 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.

0
Accordingly, 44 CFR part 67 is amended to read as follows:

PART 67--[AMENDED]

0
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.  67.11  [Amended]

0
2. The tables published under the authority of Sec.  67.11 are amended 
as follows:

------------------------------------------------------------------------
                                                              *Elevation
                                                                in feet
                                                                (NGVD).
               Source of flooding and location                +Elevation
                                                                in feet
                                                                (NAVD)
------------------------------------------------------------------------
                         CALIFORNIA
-------------------------------------------------------------
Plumas County, (FEMA Docket No. B-7447)
 
Boyle Ravine:
  Confluence with Nugget Creek..............................      +3,409
  Approximately 625 feet upstream of Alder Street...........      +3,545
Chandler Creek:
  Confluence with Greenhorn Creek...........................      +3,434
  Approximately 320 feet upstream of Chandler Road..........      +3,464
Clear Stream:
  Confluence with Spanish Creek.............................      +3,404
  Approximately 2,200 feet upstream of confluence of Gansner      +3,427
   Creek....................................................
Gansner Creek:
  Confluence with Clear Stream..............................      +3,423
  Approximately 740 feet upstream of Bucks Lake Road........      +3,497
Greenhorn Creek:
  Confluence with Spanish Creek.............................      +3,401
  Approximately 1,950 feet upstream of Highway 89/70........      +3,494
Mill Creek:
  Confluence with Spanish Creek.............................      +3,401
  Approximately 2,500 feet upstream of Highway 89/70........      +3,555
Nugget Creek:
  Confluence with Mill Creek................................      +3,402
  Approximately 200 feet upstream of Nugget Lane............      +3,455
Spanish Creek:
  At Oakland Camp Road......................................      +3,392
  Approximately 11,700 feet upstream of Highway 89/70.......      +3,452
Taylor Creek:
  Confluence with Greenhorn Creek...........................      +3,446
  Approximately 300 feet upstream of Chandler Road..........      +3,491
Thompson Creek:
  Confluence with Greenhorn Creek...........................      +3,454
  Approximately 3,400 feet upstream of confluence with            +3,548
   Thompson Creek Splitflow.................................
Thompson Creek Splitflow:
  Confluence with Thompson Creek............................      +3,488
  Approximately 2,600 feet upstream of confluence with            +3,493
   Thompson Creek...........................................
Unnamed Tributary to Boyle Ravine:
  Confluence with Boyle Ravine..............................      +3,410
  Approximately 150 feet upstream of Highway 89/70..........      +3,417
Wolf Creek:
  Approximately 4,500 feet downstream of Greenville Park          +3,534
   Road Bridge..............................................
  Approximately 2 miles upstream of Main Street Bridge......      +3,640
 
Maps are available for inspection at the Plumas County
 PlanningDepartment, 520 Main Street, Room 121, Quincy,
 California.
-------------------------------------------------------------
                          COLORADO
-------------------------------------------------------------
Erie (Town), Boulder and Weld Counties, (FEMA
  Docket No. B-7435)
 
Coal Creek:
  At confluence of Boulder Cottonwood No. 1 Ditch...........      +5,046
  At Tri-County Airport.....................................      +5,083
 
Maps are available for inspection at the Town of Erie Town
 Hall, 645 Holbrook Street, Erie, CO.
-------------------------------------------------------------
                           OREGON
-------------------------------------------------------------
Beaverton (City), Washington County, (FEMA Docket No. B-
 7447)
Fanno Creek:

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  Just upstream of Southwest Scholls Ferry Road.............        *165
  Approximately 850 feet upstream of Southwest Scholls Ferry        *198
   Road.....................................................
 
Maps are available for inspection at the Community
 Development Department, City Hall, 4755 Southwest Griffith
 Drive, Beaverton, Oregon.
                           ------
 
Durham (City), Washington County, (FEMA Docket No. B-7447)
 
Fanno Creek:
  At confluence with the Tualatin River.....................        *125
  At Burlington Northern Railroad...........................        *126
Tualatin River:
  At Interstate Highway 5...................................        *123
  At Burlington Northern Railroad (just upstream of                 *125
   confluence with Fanno Creek).............................
Maps are available for inspection at City Hall, 17160
 Southwest Upper Boones Ferry Road, Durham, Oregon.
 
                           ------
 
Tigard (City), Washington County, (FEMA Docket No. B-7447)
 
Ash Creek:
  At confluence with Fanno Creek............................        *160
  Just upstream of Oak Street...............................        *170
Fanno Creek:
  At Burlington Northern Railroad...........................        *126
  At Southwest Scholls Ferry Road...........................        *164
Summer Creek:
  At confluence with Fanno Creek............................        *158
  Just upstream of 135th Avenue.............................        *176
Tualatin River:
  At confluence with Fanno Creek............................        *125
  Approximately 1.6 miles upstream of confluence with Fanno         *127
   Creek....................................................
Maps are available for inspection at the Engineering
 Department, City Hall, 13125 Southwest Hall Boulevard,
 Tigard, Oregon.
                           ------
 
Washington County, (FEMA Docket No. B-7447)
 
Ash Creek:
  Just upstream of Southwest Hall Boulevard.................        *171
  Just upstream of Hemlock Street...........................        *181
Fanno Creek:
  Just upstream of Scholls Ferry Road.......................        *197
  Approximately 200 feet upstream of Beaverton-Hillsdale            *243
   Highway..................................................
Maps are available for inspection at the Department of Land
 Use and Transportation, 155 North First Avenue, Suite 350,
 MS 12, Hillsboro, Oregon.
------------------------------------------------------------------------


----------------------------------------------------------------------------------------------------------------
                                       *Elevation in
                                        feet (NGVD)
  Source of flooding and location      +Elevation in                      Communities affected
                                        feet  (NAVD)
----------------------------------------------------------------------------------------------------------------
              COLORADO
 
  Routt County (FEMA Docket No. B-
               7435)
Burgess Creek:
    At confluence with Walton Creek             *6,759  Routt County (Uninc. Areas) and City of Steamboat
    Just upstream of Burgess Creek              +7,355   Springs.
     Road.
Elk River (Lower Reach):
    At confluence with Yampa River.             +6,533  Routt County (Uninc. Areas).
    Approximately 1.5 miles                     +6,712
     upstream of County Road 44.
Walton Creek:
    At confluence with Yampa River.             +6,759  Routt County (Uninc. Areas) and City of Steamboat
    Approximately 850 feet upstream             +6,827   Springs.
     of County Road 44.
Walton Creek Side Channel:
    Approximately 500 feet                      +6,810  Routt County (Uninc. Areas).
     downstream of County Road 24.              +6,825
    At divergence from Walton Creek
     main Channel.
Yampa River Bypass (near Steamboat
 Springs):
    At confluence with Yampa River.             +6,816  Routt County (Uninc. Areas).
    Approximately 700 feet                      +6,853
     downstream of divergence from
     Yampa River.
Yampa River near Hayden:
    Approximately 2,600 feet                    +6,314  Routt County (Uninc. Areas) and Town of Hayden.
     downstream of U.S. Highway 40.             +6,424
    Approximately 1.3 miles
     upstream of U.S. Highway 40.
Yampa River Side Channel 1:
    At convergence with Yampa River             +6,626  Routt County (Uninc. Areas) and City of Steamboat
     main channel.                              +6,635   Springs.
    At divergence from Yampa River
     main channel.
Yampa River Side Channel 2:
    At convergence with Yampa River             +6,716  City of Steamboat Springs.
     main channel.                              +6,724
    At divergence from Yampa River
     main channel.
Yampa River Split Flow at Highway
 131 (near Steamboat Springs):
    At convergence with Yampa River             +6,830  Routt County (Uninc. Areas).
    At divergence from Yampa River.             +6,843
Yampa River near Steamboat Springs:
    Approximately 1.5 miles                     +6,483  Routt County (Uninc. Areas) and City of Steamboat
     downstream of County Road 179.             +6,865   Springs.
    Approximately 1.5 miles
     upstream of State Highway 131.
------------------------------------
ADDRESSES:
 
Unincorporated Areas Routt County:
Maps are available for inspection at the Routt County Courthouse, 136 6th Street, Steamboat Springs, Colorado.
 
City of Steamboat Spring:
Maps are available for inspection at City Hall, 124 Tenth Street, Steamboat Springs, Colorado.

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Town of Hayden:
Maps are available for inspection
 at the Town Hall, 178 West
 Jefferson, Hayden, Colorado.
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(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance'')

    Dated: October 6, 2004.
David I. Maurstad,
Acting Director, Mitigation Division, Emergency Preparedness and 
Response Directorate.
[FR Doc. 04-23305 Filed 10-18-04; 8:45 am]
BILLING CODE 9110-12-P