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Proposed Rule

Proposed Flood Elevation Determinations

Document Details

Information about this document as published in the Federal Register.

Published Document

This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.

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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.

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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.

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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 Start Printed Page 5247requirements 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 applicable standards of Section 2(b)(2) of Executive Order 12778.

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List of Subjects in 44 CFR Part 67

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Accordingly, 44 CFR Part 67 is proposed to be amended as follows:

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PART 67—[AMENDED]

1. The authority citation for Part 67 continues to read as follows:

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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.

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Proposed flood elevation determination.

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

StateCity/town/countySource of floodingLocation# Depth in feet above ground. *Elevation in feet. (NGDV)
ExistingModified
ColoradoBoulder County (Unincorporated Areas)Bullhead GulchAt confluence with Boulder CreekNone*4,991
Approximately 50 feet downstream of Burlington Northern RailroadNone*5,360
Boulder County (Unincorporated Areas)Rock CreekApproximately 3,500 feet downstream of Burlington Northern RailroadNone*5,371
Approximately 9,700 feet upstream of McCaslin BoulevardNone*5,639
Boulder County (Unincorporated Areas)Prince Tributary East BranchAt confluence with Bullhead GulchNone*5,026
At divergrence of East/West branchesNone*5,056
Boulder County, Town of Superior and City of LouisvilleCoal CreekApproximately 1,650 feet downstream of Denver Boulder Turnpike*5,439*5,439
Approximately 5,200 feet upstream of Community Ditch DiversionNone*5,689
Boulder County (Unincorporated Areas)Prince Tributary West BranchAt confluence with Bullhead GulchNone*5,036
Approximately 5,750 feet upstream of Isabelle RoadNone*5,178
Depth in feet above ground
Boulder County and Unincorporated Areas:
Maps are available for inspection at Department of Public Works, 1739 Broadway, Suite 300, P.O. Box 791, Boulder, Colorado.
Send comments to the Honorable Ron Stewart, Chairman, Boulder County Board, 1325 Pearl Street, Boulder, Colorado 80302.
City of Louisville, Colorado:
Maps are available for inspection at the City of Louisville, 749 Main Street, Louisville, Colorado.
Send comments to the Honorable Tom Davidson, Mayor, City of Louisville, 49 Main Street, Louisville, Colorado 80027.
Town of Superior, Colorado:
Maps are available for inspection at the Town of Superior, 124 East Coal Creek Drive, Superior, Colorado.
Send comments to the Honorable Ted Asti, Mayor, Town of Superior, 124 East Coal Creek Drive, Superior, Colorado 80027.
HawaiiKauai CountyHanalei RiverApproximately 1,300 feet upstream of the confluence with Hanalei Bay*13*12
At Kuhio Highway (state route 56)*15*16
Approximately 6,000 feet upstream of the southern end of USFWSs Pond D*35*38
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Depth in feet above ground
Maps are available for inspection at the Department of Public Works, 4444 Rice Street, Suite 175, Lihue, Hawaii.
Send comments to the Honorable Maryann Kusaka, Mayor, Kauai County, 4444 Rice Street, Suite 235, Lihue, Hawaii 96766.
MissouriGreene CountySouth CreekApproximately 0.53 miles (2,800 feet) upstream of County Road 160*1,192*1,193
Approximately 1.16 miles (6,125 feet) upstream of County Road 160*1,208*1,205
Wilson CreekApproximately 740 feet downstream of its Confluence with North Branch Wilson Creek*1,198*1,198
Approximately 0.69 miles (3650 feet) upstream of the U.S. Highway 160 Bypass*1,207*1,206
South BranchAt its confluence with South Creek*1,169*1,169
Just downstream of Farm Road 141 (Cox Avenue)None*1,238
Ward BranchApproximately 130 feet downstream of its confluence with Yarbough Creek*1,176*1,176
Approximately 350 feet upstream of Holland Avenue*1,213*1,207
Mount Pleasant BranchJust downstream of U.S. Highway 160*1,182*1,207
Approximately 200 feet upstream of U.S. Highway 160*1,184*1,182
Farmer BranchAt its confluence with James River*1,133*1,1333
Just downstream of Farm Road 194None*1,85
Pea Ridge CreekAt its confluence with South Dry Sac RiverNone*1,133
Just downstream of Farm Road 151None*1,190
Dickerson BranchAt its confluence with Pea Ridge CreekNone*1,113
Just downstream of Farm Road 151None*1,175
South Dry Sac RiverApproximately 300 feet upstream of its confluence with Little Sac RiverNone*1,156
Approximately 670 feet upstream of Farm Road 151None*1,091
South Dry Sac River TributaryApproximately 800 feet upstream of its confluence with South Dry Sac RiverNone*1,138
Approximately 1,620 feet upstream of Farm Road 167None*1,200
Ward Branch TributaryAt its confluence with Ward BranchNone*1,253
Approximately 260 feet upstream of Weaver Road (Farm Road 178)None*1,118
Wilson Creek TributaryAt its confluence with Wilson CreekNone*1,194
Appoximately 300 feet upstream of Highway M (Republic Road)None*1,145
Wilson Creek Unmanned TributaryAt its confluence with Wilson CreekNone*1,241
Just downstream of the San Francisco RailwayNone*1,182
Workman BranchAt its confluence with Ward BranchNone*1,138
Just downstream of Farm Road 145None*1,195
Yarborough CreekApproximately 1,350 feet upstream of its confluence with Ward BranchNone*1,204
Approximately 800 feet upstream of U.S. Highway 160None*1,233
Depth in feet above ground
Maps are available for inspection at the Department of Public Works, City Hall, 625 Fifth Street, Spearfish, South Dakota.
Send Comments to The Honorable Jerry Krambeck, Mayor, City of Spearfish, Cith Hall, 625 Fifth Street, South Dakota 57783-2311.
OregonCity of SalemShelton DitchAt confluence with Pringle Creek*148*146
Approximately 100 feet upstream of Diversion Structure at Mill Creek*188*191
Pringle CreekAt confluence with Williamette River (location shown as confluence of Shelton Ditch with Williamette River on effective Firm)*143*143
At confluence of Pringle Creek and East Fork Pringle Creek*172*174
Middle Fork Pringle CreekAt confluence of Pringle Creek and East Fork Pringle Creek*172*174
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Approximately 150 feet downstream of Interstate 5*222*219
East Fork Pringle CreekAt confluence with Pringle Creek and Middle Fork Pringle Creek*172*174
Approximately 150 feet downstream of Interstate 5*219*219
Mill Creek BAt confluence with Williamette River*141*141
Just upstream of Mission Street*198*199
Approximately 3,000 feet upstream of Penitentiary Annex Road*253*254
Depth in feet above ground
Maps are available for inspection at the City of Salem, 555 Liberty Street SE, Salem, Oregon.
Send comments to The Honorable Michael Swain, Mayor, City of Salem, 555 Liberty Street SE, Room 230 Salem, Oregon 97301.
South DakotaCity of Spearfish, Lawrence CountyWest Chipmunk GulchAt confluence with Spearfish Creek*3,574*3,574
At 960 feet upstream of West Oliver StreetNone*3,663
# Depth in feet above ground
Maps are available for inspection at Department of Public Works, City Hall, 625 Fifth Street, Spearfish, South Dakota.
Send comments to The Honorable Jerry Krambeck, Major, City of Spearfish, City Hall, 625 Fifth Street, Spearfish, South Dakota 57783.
South DakotaCity of Hill City, Pennington CountySpring CreekAt approximately 50 feet upstream of Hill City power line located at approximately 2,000 feet upstream of U.S. Highway 385 and 16None*4,937
At approximately 1,400 feet upstream of Poplar Street and Bishop Mountain Avenue IntersectionNone*5,013
Newton Fork CreekAt Museum DriveNone*4,967
Approximately 1,900 feet upstream of Museum DriveNone*4,981
# Depth in feet above ground
Maps are available for inspection at the City Hall, 324 Main Street, Hill City, South Dakota.
Send comments to The Honorable Peter Stach, Mayor City of Hill City, City Hall, P.O. Box 395, Hill City, South Dakota 57745.
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(Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance”)

Dated: January 29, 2002.

Robert F. Shea,

Acting Administrator, Federal Insurance and Mitigation Administration.

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[FR Doc. 02-2660 Filed 2-4-02; 8:45 am]

BILLING CODE 6718-04-P