03-25346. Proposed Flood Elevation Determinations

AGENCY:

Federal Emergency Management Agency, Emergency Preparedness and Response Directorate, Department of Homeland Security.

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:

Doug Bellomo, P.E. Hazard Identification Section, Emergency Preparedness and Response Directorate, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, [phone].

SUPPLEMENTARY INFORMATION:

The Federal Emergency Management Agency 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 Mitigation Division Director of the Emergency Preparedness and Response Directorate 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.

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, § 67.4

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

State	City/town/county	Source of flooding	Location	#Depth in feet above ground. Elevation in feet (NGVD)
				Existing	Modified
California	Goleta (City), Santa Barbara County	Maria Ygnacia Creek	Approximately 900 feet downstream of Hollister Avenue	None	*36
			Approximately 80 feet downstream of confluence of San Antonio Creek	None	*64
Depth in feet above ground.
Maps are available for inspection at City Hall, 6500 Hollister Avenue, Goleta, California 93117.
Send comments to The Honorable Jack Hawxhurst, Mayor, City of Goleta, 6500 Hollister Avenue, Suite 120, Goleta, California 93117.
Colorado	City and County, Broomfield	Rock Creek	At Brainard Drive (Country Road 19)	*5,307	*5,309
			Approximately 200 feet upstream of West Flatiron Bridge	None	+5,373
Depth in feet above ground.
Maps are available for inspection at City Hall One Descombes Drive, Broomfield, Colorado 80020.
Send comments to The Honorable Karen Stuart, Mayor, City and County of Broomfield, One Descombes Drive, Broomfield, Colorado 80020.
Colorado	Pitkin County	Southside Split	Approximately 1,200 feet Flow downstream of State Highway 82 Bypass	None	*6,558
			Approximately 6,000 feet upstream of State Highway/ 82 Bypass	None	*6,637
		Roaring Fork River	Approximately 5,500 feet downstream of Hooks Spur Road	*6,524	*6,526
			Approximately 50 feet downstream of confluence of Snowmass Creek	*6,844	*6,844
Depth in feet above ground.
Maps are available for inspection at the GIS Department, 130 South Galena Street, Aspen, Colorado 81611.
Send comments to The Honorable Jack Hatfield, Chairperson, Pitkin County Board of Commissioners, 530 East Main Street, Third Floor, Aspen, Colorado 81611.
Idaho	Kootenai County	Coeur d'Alene River	Approximately 1.5 miles downstream of Interstate Highway 90	*2,145	*2,145
			Approximately 100 feet upstream of the Abandoned Union Pacific Railroad	*2,148	*2,151
		Coeur d'Alene	At Tamarack Ridge Road	*2,146	*2,145
		River Overflow	Mission Flats area north of Interstate 90	*2,146	*2,145
Depth in feet above ground.
Maps are available for inspection at the Kootenai County Planning Department, 451 Government Way, Coeur d'Alene, Idaho 83816.
Send comments to The Honorable Richard Panabaker, Chairperson, Kootenai County Board of Commissioners, 451 Government Way, Coeur d'Alene, Idaho 83816.
North Dakota	Bismarck (City), Burleigh County	Missouri River	Approximately 3.8 miles upstream of confluence of Little Heart River	*1,631	*1,632
			Approximately 1.7 miles upstream of Old Brunt Creek	*1,638	*1,639
Depth in feet above ground.
Maps are available for inspection at the Building Inspection Office, 1020 East Central Avenue, Bismarck, North Dakota 58501.
Send comments to The Honorable John Warford, Mayor, City of Bismarck, P.O. Box 5503, Bismarck, North Dakota 58506-5503.
North Dakota	Burleigh County	Missouri River	Approximately 500 feet downstream of confluence of Apple Creek	*1,627	*1,628
			Approximately 5.7 miles upstream of confluence Square Butte Creek	*1,643	*1,644
		Burnt Creek	At confluence with Missouri River	*1,639	*1,640
			Just upstream of North Dakota Highway 1804	*1,646	*1,650
Depth in feet above ground.
Maps are available for inspection at the County Building Inspections Office, 1020 East Central Avenue, Bismarck, North Dakota 58501.
Send comments to The Honorable Claus Lembke, Chairman, Burleigh County Board of Commissioners, 221 North Fifth Street, Bismarck, North Dakota 58506.
North Dakota	Mandan (City), Morton County	Missouri River	Approximately 1.1 miles downstream of Bismarck Expressway bridge	*1,634	*1,635
			Approximately 2.8 miles upstream of Interstate Highway 94	*1,638	*1,639
Depth in feet above ground.
Maps are available for inspection at City Hall, 205 Second Avenue, Northwest, Mandan, North Dakota 58554.
Send comments to The Honorable Ken LaMont, Mayor, City of Mandan, 205 Second Avenue, Northwest, Mandan, North Dakota 58554.
North Dakota	Morton County	Missouri River	At confluence of Apple Creek	*1,627	*1,628
			Approximately 5.7 miles upstream of confluence of Square Butte Creek	*1,643	*1,644
Depth in feet above ground.
Maps are available for inspection at the County Courthouse, 210 Second Avenue, Northwest, Mandan, North Dakota 58554.
Send comments to The Honorable Dick Tokach, Chairman, Morton County Board of Commissioners, 210 Second Avenue, Northwest, Mandan, North Dakota 58554.
South Dakota	Standing Rock Sioux Tribe	Grand River (at Bullhead)	Approximately 4,000 feet downstream of confluence of Rock Creek	None	+1,759
			Approximately 4,600 feet upstream of confluence of Stink Creek	None	+1,774
		Grand River (at Little Eagle)	Approximately 3.4 miles downstream of State Route	None	+1,638
			Approximately 2,000 feet upstream of State Route 63	None	+1,651
		Oak Creek	Approximately 7,500 feet downstream of Sewage Lagoons	None	+1,622
			Approximately 2,900 feet upstream of Old Irrigation Dam	None	+1,646
		Rock Creek	At confluence with Grand River (at Bullhead)	None	+1,761
			Approximately 7,500 feet upstream of Bullhead Road	None	+1,793
Depth in feet above ground.
Maps are available for inspection at the Tribal Land Management, South River Road, Fort Yates, North Dakota 58538.
Send comments to The Honorable Charles Murphy, Chairman, Standing Rock Sioux Tribe, P.O. Box D, Fort Yates, North Dakota 58538.
South Dakota	Cheyenne River Sioux Tribe, Dewey and Ziebach County	Bear Creek	Approximately 5,800 feet upstream of State Route 65	None	+2,345
			Just upstream of Cherry Road	None	+2,357
			Approximately 1,200 feet upstream of U.S. Route 212	None	+2,365
		Cherry Creek	At confluence with Cheyenne River	None	+1,723
			Just upstream of Main Street	None	+1,729
			Approximately 7,000 feet upstream of Main Street	None	+1,735
		Cheyenne River	Approximately 6,200 feet upstream of Plum Creek	None	+1,714
			Just upstream confluence of Cherry Creek	None	+1,723
			Approximately 1,730 feet upstream confluence of Cherry Creek	None	+1,728
		Virgin Creek	Approximately 5,800 feet downstream of U.S. Route 212	None	+1,896
			Just upstream of U.S. Route 212	None	+1,914
			Approximately 3 miles upstream of U.S. Route 212	None	+1,950
Depth in feet above ground.
Maps are available for inspection at the Economic Development Center, P.O. Box 590, Eagle Butte, South Dakota 57625.
Send comments to The Honorable Harold Frazier, Tribal Chairman, Cheyenne River Sioux Tribe, P.O. Box 590, Eagle Butte, South Dakota 57625.

Eagle County, and Incorporated Areas

Flooding source(s)	Location of referenced elevation	Elevation in feet *(NGVD) Elevation in feet + (NAVD)		Communities affected
		Effective	Modified
Buffehr Creek	At confluence with Gore Creek	*7,951	+7,956	Eagle County.
	Approximately 1,700 feet upstream of Circle Drive	None	+8,180	(Uninc. Area) and Town of Vail.
Black Gore Creek	At confluence with Lower Gore Creek	*8,574	+8,575	Town of Vail.
	Approximately 1,280 feet upstream of confluence with Lower Gore Creek	*8,632	+8,628
Bighorn Creek	At confluence with Gore Creek	*8,422	+8,431	Town of Vail.
	Approximately 350 feet upstream of Columbine Drive	None	+8,639
Middle Creek	At confluence with Gore Creek	*8,112	+8,118	Town of Vail.
	Approximately 850 feet upstream of Interstate Highway 70	*8,330	+8,335
Pitkin Creek	At confluence with Gore Creek	*8,358	+8,366	Town of Vail.
	Approximately 200 feet upstream of Fall Line Drive	None	+8,454	Town of Vail.
Red Sandstone Creek	At confluence with Gore Creek	*8,071	+8,078
	Just upstream of Potato Patch Drive	None	+8,254
Roaring Fork River	At Eagle County/Garfield County boundary	None	+6,380	Eagle County.
	Just downstream of Emma Road	None	+6,600	(Uninc. Areas) and Town of Basalt.
South Side Split Flow	At confluence with Roaring Fork River	None	+6,553	Eagle County.
	Approximately 1,200 feet downstream of State Highway 82 Bypass	None	+6,563	(Uninc. Areas) and Town of Basalt.
Eagle River	Approximately 500 feet downstream of U.S. Highway 6	*6,273	+6,277	(Uninc. Areas).
	Just downstream of confluence with Brush Creek	None	+6,502
East Mill Creek	At confluence with Gore Creek	*8,168	+8,175	Eagle County.
	Just upstream of Vail Road	None	+8,292	(Uninc. Areas) and Town of Vail.
Gore Creek	Just upstream of confluence with Eagle River			Eagle County.
	At confluence with Upper and Lower Gore Creek	None	+8,561	(Uninc. Areas) and Town of Vail.
Lower Gore Creek	At confluence with Gore Creek	*8,555	+8,561	Eagle County.
	At Divergence from Upper Gore Creek	None	+8,610	(Uninc. Areas) and Town of Vail.
Spraddle Creek	At confluence with Gore Creek	*8,132	+8,138	Town of Vail.
	Approximately 1,150 feet upstream of Interestate Highway 70	None	+8,274
Upper Gore Creek	At confluence with Gore Creek	*8,556	+8,562	Eagle County.
	Approximately 1,000 feet upstream of Interstate Highway 70 westbound	None	+8,682	(Uninc. Areas) and Town of Vail.
West Mill Creek	Just downstream of Gore Drive	*8,176	+8,165	Eagle County.
	Just upstream of Vail Road	None	+8,292	(Uninc. Areas) and Town of Vail.
Booth Creek	At confluence with Gore Creek	*8,290	+8,296	Town of Vail.
	Approximately 1,300 feet upstream of interstate Highway 70	*8,384	+8,392
# Depth in feet above ground.
* National Geodetic Datum.
+ National American Vertical Datum.
Addresses: Unincorporated Areas Eagle County:
Maps are available for inspection at 500 Broadway Street, Eagle, Colorado 81631.
Send comments to the Honorable Michael Gallagher, Chairman Eagle County Board of Commissioners, P.O. Box 850, Eagle, Colorado 81631.
Town of Gypsum:
Maps are available for inspection at 50 Lundgren Boulevard, Gypsum, Colorado 81637.
Send comments to the Honorable Stephen M. Carver, Mayor, Town of Gypsum, P.O. Box 28, Gypsum, Colorado 81637.
Town of Basalt:
Maps are available for inspection at the Town Hall, 101 Midland Avenue, Basalt, Colorado 81621.
Send comments to the Honorable Richard P. Stevens, Mayor, Town of Basalt, Town Hall, 101 Midland Avenue, Basalt, Colorado 81621.
Town of Vail:
Maps are available for inspection at the Community Development Office, 75 South Frontage Road, Vail, Colorado 81657.
Send comments to the Honorable Ludwig Kurz, Mayor, Town of Vail, 75 South Frontage Road, Vail, Colorado 81657.

Charles Mix County, and Incorporated Areas

Flooding source(s)	Location of referenced elevation	Elevation in feet *(NGVD) Elevation in feet + (NAVD)		Communities affected
		Effective	Modified
Unnamed Creek (near Wagner).	Approximately 400 feet upstream of 396th Avenue	None	*1,413	Yankton Sioux Tribe and City of Wagner.
	Approximately 600 feet downstream of 394th Avenue	None	*1,458
Left Bank Tributary of Mosquito Creek (near Marty)	Approximately 1,400 feet downstream of 303rd Street	None	*1,434	Yankton Sioux Tribe.
	Approximately 1,950 feet upstream of 303rd Street	None	*1,458
# Depth in feet above ground.
* National Geodetic Datum.
+ National American Vertical Datum.
Addresses: Yankton Sioux Tribe:
Maps are available for inspection at 100 North Main Street, Marty, South Dakota 57361.
Send comments to the Honorable Madonna Archambeau, Tribal Chairwoman, Yankton Sioux Tribe, 100 Main Street, Marty South Dakota 57361.
City of Wagner:
Maps are available for inspection at the City Hall, 106 Sheridan Avenue, Southeast, Wagner, South Dakota 57380.
Send comments to the Honorable Sharon Haar, Mayor, City of Wagner, 106 Sheridan Avenue, Southeast, Wagner, South Dakota 57380.

King County, and Incorporated Areas

Flooding source(s)	Location of referenced elevation	Elevation in feet *(NGVD) Elevation in feet + (NAVD)		Communities affected
		Effective	Modified
Snoqualmie River	Approximately 2,000 feet downstream of confluence of Middle Fork and South Fork Snoqualmie River	*425	*424	King County (Uninc. Areas) and City of Snoqualmie.
South Fork Snoqualmie River	At confluence with Middle Fork Snoqualmie River	*427	*425	King County (Uninc. Areas), City of Snoqualmie, and City of North Bend.
	Approximately 700 feet upstream of eastbound I-90 bridge	*475	*475
Middle Fork Snoqualmie River.	At confluence of North Fork Snoqualmie River	*426	*426	King County (Uninc. Areas) and City of Snoqualmie.
	Approximately 260 feet downstream of Southeast Mount SI Road	*478	*478
Lower Overflow	At Southeast 100th Street	*429	*428	King County (Uninc. Areas) and City of North Bend.
	Approximately 1,400 feet upstream of North Pickett Avenue	None	*449
Middle Overflow	Just upstream of Northeast 420th Avenue	*431	*432	King County (Uninc. Areas) and City of North Bend.
	At Borst Avenue Northeast	#2	*441
Upper South Overflow	Approximately 400 feet downstream of Ballarat Avenue North	#2	*437	King County (Uninc. Areas) and City of North Bend.
	At divergence from Middle Fork Snoqualmie River	*467	*467
Upper North Overflow	Approximately 150 feet downstream of Ogle Avenue Northeast	#2	*441	King County (Uninc. Areas) and City of North Bend.
	Approximately 400 feet downstream of 120th Street	*460	*457
Gardiner Creek	At Bolch Avenue Northwest	None	*429	King County (Uninc. Areas) and City of North Bend.
	Upstream of Northwest Eighth Street	None	*435
# Depth in feet above ground.
* National Geodetic Datum.
+ National American Vertical Datum.
Addresses: Unincorporated Areas of King County:
Maps are available for inspection at the King DDES, Blackriver Corp. Park, 900 Oakesdale Avenue Southwest, Suite 100, Renton, Washington 98055.
Send comments to the Honorable Ron Sims, King County Executive, 516 Third Avenue, Suite 400, Seattle, Washington 98104.
City of North Bend:
Maps are available for inspection at 1155 East North Bend Way, North Bend, Washington 98045.
Send comments to the Honorable Joan Simpson, Mayor, City of North Bend, P.O. Box 896, North Bend, Washington 98045.
City of Snoqualmie:
Maps are available for inspection at the Planning Directors Office, 8020 Railroad Avenue Southeast, Snoqualmie, Washington 98065.
Send comments to the Honorable Randy Fletcher, Mayor, City of Snoqualmie, P.O. Box 987, Snoqualmie, Washington 98065.

(Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”)

Dated: September 30, 2003.

Anthony S. Lowe,

Mitigation Division Director, Emergency Preparedness and Response Directorate.