00-2805. 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 and proposed base flood elevation modifications for the communities listed below. The base flood elevations and modified base flood elevations 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 base flood elevations 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, Mitigation Directorate, 500 C Street SW., Washington, DC 20472, [phone], or (e-mail) [e-mail].

SUPPLEMENTARY INFORMATION:

The Federal Emergency Management Agency proposes to make determinations of base flood elevations and modified base flood elevations 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 base flood and modified base flood elevations, 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 Associate Director for Mitigation certifies that this proposed rule is exempt from the requirements of the Regulatory Flexibility Act because proposed or modified base flood elevations 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:

§ 67.4

[Amended]

State	City/town/county	Source of flooding	Location	# Depth in feet above ground. *Elevation in feet. (NGVD)
				Existing	Modified
Arizona	Santa Cruz County (Unincorporated Areas)	Tubac Creek	At confluence with Santa Cruz River	None	*3,192
			Approximately 0.35 mile (1,850 feet) upstream of Interstate 19	None	*3,263
		Tubac Creek North Channel	At confluence with Santa Cruz River	None	*3,189
			At divergence from Tubac Creek approximately 680 feet upstream of Calle De Olivas	None	*3,251
		Tributary 1 of Tubac Creek	At confluence with Tubac Creek	None	*3,213
			At approximately 0.229 mile (1,210 feet) upstream of Interstate 19	None	*3,250
		Tributary 2 of Tubac Creek	At confluence with Tubac Creek	None	*3,195
			Immediately downstream of East Frontage Road	None	3,222
Maps are available for inspection at Floodplain Administrator, 2150 N. Congress Drive, Nogales, Arizona.
Send comments to The Honorable Dennis Miller, County Manager, 2150 N. Congress Drive, Nogales, Arizona 85621.
Iowa	Johnston (City) Polk County	Beaver Creek	Approximately 1,550 feet above its confluence with Des Moines River	None	*805
			At NW 70th Avenue	*822	*824
Maps are available for inspection at City Hall, 6221 Merle Hay Road, Johnston, Iowa.
Send comments to The Honorable Dallas Patterson, Mayor, City of Johnston, P.O. Box 410, Johnston, Iowa 50131.
Iowa	Urbandale (City) Polk County	Beaver Creek	Approximately 1,000 feet upstream of Merle Hay Road	*800	*811
			Approximately 3,600 feet upstream of Merle Hay Road	*810	*812
Maps are available for inspection at Community Development Department, City Hall, 3315 70th Street, Urbandale, Iowa.
Send comments to The Honorable Brad Zaun, Mayor, City of Urbandale, 3315 70th Street, Urbandale, Iowa 50322.
Louisiana	Tangipahoa Parish (Unincorporated Areas)	Ponchatoula Creek	At Old Genessee Road	None	*54
			Approximately 1,100 feet from confluence with Ponchatoula Creek Tributary 2	None	*60
		Ponchatoula Creek Tributary 1	At confluence with Ponchatoula Creek	None	*55
			Approximately 3,300 feet upstream from confluence with Ponchatoula Creek	None	*57
		Ponchatoula Creek Tributary 2	At confluence with Ponchatoula Creek	None	*58
			Approximately 2,200 feet upstream from confluence with Ponchatoula Creek	None	*60
Maps are available for inspection at Parish Permit Office, 15481 Club Deluxe Road, Hammond, Louisiana.
Send comments to The Honorable Gordon Burgess, Parish President, P.O. Box 215, Amite, Louisiana 70422.
Louisiana	Village of Tickfaw (Tangipahoa Parish)	Ponchatoula Creek	Approximately 2,950 feet downstream from Highway 442	None	*60
			At Niccio Road	None	*65
		Ponchatoula Creek Tributary 1	Approximately 1,100 feet downstream from the Illinois Central Gulf Railroad	None	*57
			Approximately 3,000 feet upstream from State Highway 442	None	*63
		Ponchatoula Creek Tributary 2	Approximately 1,800 feet downstream from Chapel Road	None	*60
			At Chapel Road	None	*61
Maps are available for inspection at City Hall, 50081 Highway 51, Tickfaw, Louisiana.
Send comments to The Honorable Anthony Lamonte, Mayor, Village of Tickfaw, P.O. Box 249, Tickfaw, Louisiana 70466.
Louisiana	West Baton Rouge Parish and Incorporated Areas	Lateral 1-C	At the confluence with the Gulf Intracoastal Waterway	*9	*9
			At intersection with Interstate 10	*11	*10
			At intersection with State Highway 986	*17	*16
		Oaks Avenue Canal	At the confluence with the Gulf Intracoastal Waterway	None	*10
			Just upstream of LeBlanc Road	None	*19
		Oaks Avenue Canal Tributary No. 1	At the confluence with Oaks Avenue Canal	None	*10
			Just upstream of South Jefferson Avenue	None	*25
Maps are available for inspection at Parish Zoning Office, 880 North Alexander, Port Allen, Louisiana.
Send comments to The Honorable Ted Denster, Parish President, P.O. Box 757, Port Allen, Louisiana 70767.
Maps are available for inspection at City Hall, 750 N. Jefferson Avenue, Port Allen, Louisiana.
Send comments to The Honorable Marilyn Robertson, Mayor, City of Port Allen, 750 N. Jefferson Avenue, Port Allen, Louisiana 70767.
Missouri	Creve Coeur (City) St. Louis County	Monsanto Sunswept Creek	Approximately 950 feet downstream of Private Bridge	*531	*532
			Just upstream of Chilton Lane	None	*561
Maps are available for inspection at City Hall, 300 North New Ballas Road, Creve Coeur, Missouri.
Send comments to The Honorable Annette Kolis-Mandel, Mayor, City of Creve Coeur, 300 North New Ballas Road, Creve Coeur, Missouri 63141.
Missouri	Des Peres (City) St. Louis County	Des Peres Creek	At confluence with Sugar Creek	*448	*450
			Approximately 450 feet upstream of Hospital Drive	*460	*459
		Sugar Creek	Approximately 1,150 feet downstream of Old Dougherty Ferry Road	*445	*446
			Just upstream of Interstate 270	*463	*462
Maps are available for inspection at City Hall, 12325 Manchester Road, Des Peres, Missouri.
Send comments to The Honorable Sharon Burkhardt, Mayor, City of Des Peres, 12325 Manchester Road, Des Peres, Missouri 63131.
Missouri	Frontenac (City) St. Louis County	Deer Creek	Just upstream of Lindbergh Boulevard	*523	*524
			Approximately 3,300 feet upstream of Spoede Road	*541	*542
		Monsanto Sunswept Creek	Approximately 400 feet downstream of Glen Abbey Road	*527	*528
			Approximately 180 feet upstream of Glen Abbey Road	*527	*528
Maps are available for inspection at City Hall, 10555 Clayton Road, Frontenac, Missouri.
Send comments to The Honorable Mark C. Brennan, Mayor, City of Frontenac, 10555 Clayton Road, Frontenac, Missouri 63131.
Missouri	Kirkwood (City) St. Louis County	Sugar Creek	Just upstream of Interstate 270	*463	*462
			Approximately 150 feet upstream of Interstate 270	*463	*462
Maps are available for inspection at City Hall, 139 South Kirkwood Road, Kirkwood, Missouri.
Send comments to The Honorable Marge Schramm, Mayor, City of Kirkwood, 139 South Kirkwood Road, Kirkwood, Missouri 63122.
Missouri	St. Louis County (Unincorporated Areas)	Grand Glaize Creek	Approximately 400 feet upstream of Dougherty Ferry Road	*441	*442
			Approximately 3,000 feet upstream of Dougherty Ferry Road	*445	*446
Maps are available for inspection at the Department of Planning, 41 South Central Avenue, Clayton, Missouri.
Send comments to The Honorable Buzz Westfall, St. Louis County Executive, 41 South Central Avenue, Clayton, Missouri 63105.
Missouri	Valley Park (City) St. Louis County	Grand Glaize Creek	Grand Glaize Creek
Maps are available for inspection at City Hall, 320 Benton Street, Valley Park, Missouri.
Send comments to The Honorable Daniel Adams, Mayor, City of Valley Park, City Hall, 320 Benton Street, Valley Park, Missouri 63088.
Missouri	Westwood (Village) St. Louis County	Deer Creek	Approximately 3,300 feet upstream of Spoede Road	*541	*542
			Approximately 4,500 feet upstream of Spoede Road	None	*549
Maps are available for inspection at 9 Westwood Country Club Ground Road, Westwood, Missouri.
Send comments to The Honorable Phillip Isserman, Chairman, Board of Trustees, Village of Westwood, 9 Westwood Country Club Gardens, Westwood, Missouri 63131.
Nevada	Washoe County and Incorporated Areas	Golden Valley Wash	Approximately 2,180 feet upstream of Tholl Drive	None	4,981
			Approximately 2,700 feet upstream of Spearhead Way	None	*5,176
		Hidden Valley Wash	Approximately 1,800 feet upstream of its confluence with Steamboat Creek	None	*4,442
			Approximately 3,420 feet upstream of Parkway Drive	None	*4,647
		Sun Valley Wash	At the Sun Valley Flood Control Detention Dam	*4,445	*4,548
			At East 7th Avenue	None	*4,725
		Sun Valley Wash Split Flow	At convergence with Sun Valley Wash	None	4,647
			At divergence from Sun Valley Wash	None	*4,695
Maps are available for inspection at Washoe County Engineering Department, 1001 E. 9th Street, Reno, Nevada.
Send comments to The Honorable Jim Galloway, Commission Chairman, P.O. Box 11130, Reno, Nevada 89520.
Maps are available for inspection at Engineering Department, 431 Prater Way, Sparks, Nevada.
Send comments to The Honorable Tony Armstrong, Mayor, City of Sparks, 431 Prater Way, Sparks, Nevada 89431.
North Dakota	Fargo (City) Cass County	County Drain 45	At County Road 14 (52nd Avenue)	None	*893
			Approximately 2,800 feet upstream of 19th Avenue	None	*894
Maps are available for inspection at City Hall, 200 N. 3rd Street, Fargo, North Dakota.
Send comments to The Honorable Bruce Furness, Mayor, City of Fargo, 200 N. 3rd Street, Fargo, North Dakota 58102.
North Dakota	Harwood (City) Cass County	Sheyenne River	At U.S. Highway 81	None	*891
			Approximately 7,600 feet upstream from County Highway 22	None	*894
		County Drain 40/45	Approximately 3,600 feet downstream from County Highway 22	None	*890
			Approximately 1,200 feet upstream from County Drain 40/45 split	None	*897
Maps are available for inspection at City Hall, 202 Dakota Avenue, Harwood, North Dakota.
Send comments to The Honorable Garry Roth, Mayor, City of Harwood, 108 Lind Boulevard, Harwood, North Dakota 58042.
North Dakota	Reed (Township) Cass County	Sheyenne River	Approximately 7,400 feet downstream of County Road 17	*893	*894
			At 52nd Avenue	*895	*896
			Approximately 1,600 feet upstream of its confluence with County Drain 21	*898	*898
		County Drain 21	At confluence with the Sheyenne River	*898	*898
			Approximately 900 feet upstream of its confluence with the Sheyenne River	None	*898
		County Drain 45	Approximately 5,800 feet downstream of 52nd Avenue	None	*893
			At County Road 20	None	*893
		Maple River	At its confluence with the Sheyenne River	None	*897
			Approximately 480 feet upstream of its confluence with the Sheyenne River	None	*897
Maps are available for inspection at City Hall, 7420 40th Avenue North, Fargo, North Dakota.
Send comments to The Honorable Gene Johnson, Mayor, Reed Township, 7420 40th Avenue North, Fargo, North Dakota 58103.
North Dakota	Reiles Acres (City) Cass County	County Drain 45	Approximately 5,400 feet downstream from 32nd Avenue	None	*893
			Approximately 3,000 feet upstream from 32nd Avenue	None	*893
Maps are available for inspection at 3348 45th Street N.W., Reiles Acres, North Dakota.
Send comments to The Honorable David Baumann, Mayor, City of Reiles Acres, 3545 46th Street N.W., Fargo, North Dakota 58108.
North Dakota	West Fargo (City) Cass County	Sheyenne River	Approximately 8,700 feet downstream from 19th Avenue	None	*898
			At confluence with County Drain 2	None	*899
		County Drain 21	Approximately 1,400 feet downstream from Township Road	*898	*898
			At divergence of County Drain 21 outlet structure	None	*899
Maps are available for inspection at City Hall, 800 4th Avenue East, West Fargo, North Dakota.
Send comments to The Honorable David Stedman, Mayor, City of West Fargo, 800 4th Avenue East, West Fargo, North Dakota 58078.
South Dakota	North Sioux (City) Union County	Big Sioux River	Approximately 5,900 feet downstream from Military Road	*1,100	*1,101
			Approximately 7,425 feet upstream from the Chicago Milwaukee St. Paul and Pacific Railroad	*1,109	*1,108
		Big Sioux River Split at Interstate 29	Approximately 50 feet downstream from Westshore Drive	None	*1,109
			At divergence from Big Sioux River	None	*1,110
Maps are available for inspection at City Hall, 301 Military Road, North Sioux City, South Dakota.
Send comments to The Honorable Lieser Hallwas, Mayor, P.O. Box 338 North Sioux City, South Dakota 57049.
South Dakota	Union County (Unincorporated Areas)	Big Sioux River	At mouth of Big Sioux River	*1,090	*1,090
			At Interstate 29	None	*1,094
			At State Route 48	None	*1,143
			Approximately 1,800 feet downstream of Westshore Drive	None	*1,108
		Big Sioux River Split at Interstate 29	At divergence from Big Sioux River	None	*1,110
Maps are available for inspection at Union County Planning and Zoning Office, 209 East Main, Elk Point, South Dakota.
Send comments to The Honorable Roger Boldenow, Chairman, Union County Commissioners, County Courthouse, 209 East Main Street, Elk Point, South Dakota 57025.
Texas	Gillespie County and Incorporated Areas	Baron's Creek	Approximately 4,000 feet upstream of U.S. Highway 290	*1,611	*1,611
			Approximately 4,200 feet upstream of U.S. Highway 290	*1,611	*1,612
			Downstream of East Main Street	*1,649	*1,650
		Stream FB-1	At confluence with Baron's Creek	*1,641	*1,641
			Approximately 1,500 feet upstream of confluence with Baron's Creek	*1,646	*1,647
			Approximately 1,950 feet upstream of Lower Crabapple Road	None	*1,780
		Town Creek	Approximately 60 feet downstream of Edison Street	*1,710	*1,710
			Approximately 200 feet upstream of Schubert Road	*1,712	*1,711
			Approximately 2,150 feet upstream of Morse Street	None	*1,751
		Pedernales River	At Gillespie/Blanco County Line	None	*1,398
			Approximately 3,100 feet upstream of Cellemar Lane	None	*1,473
		Salt Branch	At confluence with Pedernales River	None	*1,442
			Approximately 4,300 feet upstream of Highway 290	None	*1,473
		Stream SB-1	At confluence with Salt Branch	None	*1,444
			Approximately 5,800 feet upstream of Highway 290	None	*1,465
		Split Flow #1	At convergence with Pedernales River	None	*1,422
			At divergence from Pedernales River	None	*1,435
Maps are available for inspection at City Hall, 126 W. Main Street, Fredericksburg, Texas.
Send comments to The Honorable Linda Langerhans, Mayor, City of Fredericksburg, P.O. Box 111, Fredericksburg, Texas 78624.
Maps are available for inspection at Gillespie County Floodplain Department, 101 West Main, Unit #9, Fredericksburg, Texas.
Send comments to The Honorable Mark Stroeher, County Judge, 101 West Main, Unit #9, Fredericksburg, Texas 78624.
Texas	Tom Green County (Unincorporated Areas)	Red Arroyo	Just downstream of eastbound Route 67	None	*1,888
			Approximately 1,300 feet upstream of earthen lake dam	None	*1,987
		Stream RA-1	At confluence with Red Arroyo	None	*1,897
			Just downstream of O.C. Fisher Dam spillway	None	*1,928
		Stream RA-2	At confluence with Red Arroyo	None	*1,898
			Just upstream of Arden Road	None	*1,941
		Goodfellow Draw	120 feet downstream of Stock Tank Dam	None	*1,805
			790 feet upstream of Stock Tank Dam	None	*1,810
Maps are available for inspection at the Public Health Building, Two City Hall Plaza, San Angelo, Texas.
Send comments to The Honorable Michael D. Brown, Judge, Tom Green County, County Courthouse, 112 West Beauregard Street, San Angelo, Texas 76902.
Washington	Whatcom County and Incorporated Areas	Johnson Creek	At the confluence with Sumas River	None	*38
			Approximately 1,500 feet upstream of South Pass Road	None	*85
		Nooksack River	At Bellingham Bay	None	*8
			Approximately 600 feet downstream of Burlington Northern Railroad, at the confluence with South Fork	*226	*222
		Nooksack River Right Overbank Divided Flow	At Lummi Bay	None	*8
			Approximately 800 feet upstream of River Road	None	*26
		Middle Fork Nooksack River	At the confluence with North Fork Nooksack River	None	*284
			Approximately 11,500 feet upstream of the confluence of Canyon Creek	None	*406
		North Fork Nooksack River	At the confluence with South Fork Nooksack River	None	*222
			Approximately 35,600 feet (7 miles) upstream from Mosquito Lake Road	None	*466
		South Fork Nooksack River	At the confluence with North Fork Nooksack River	*226	*222
			Approximately 7,400 feet upstream of Saxon Road	*386	*385
	Whatcom County Incorporated Areas (Cont'd)	South Fork Nooksack River Divided Flow	At Burlington Northern Railroad	None	*246
			At Acme Road	None	*280
		Samish River	Approximately 2,900 feet downstream of Wickersham Road at the County Boundary	None	*267
			At Burlington Northern Railroad	None	*311
		Squalicum Creek	Approximately 200 feet upstream of Chicago, Milwaukee, St. Paul and Pacific Railroad	None	*127
			Approximately 2,000 feet upstream of Dewey Road	None	*206
		Sumas River	Approximately 1,700 feet downstream of Jones Road at the International Boundary	None	*34
			Approximately 1,000 feet upstream of Massey Road	None	*93
		Sumas River Left Overbank Divided Flow	Approximately 200 feet downstream of Telegraph Road	None	*56
			Approximately 6,300 feet upstream of Kadin Road	None	*69
		Terrell Creek	Approximately 500 feet downstream of Alderson Road	None	*8
			At Helweg Road	None	*10
Maps are available for inspection at Whatcom County Public Works Department, Division of Engineering, 5280 NW Drive, Suite C, Bellingham, Washington.
Send comments to The Honorable Pete Kremen, County Executive, 311 Grand Avenue #108, Bellingham, Washington 98225.
Maps are available for inspection at the Community Development Department, 210 Lottie Street, Bellingham, Washington.
Send comments to The Honorable Mark Asmundson, Mayor, City of Bellingham, 210 Central Avenue, Bellingham, Washington 98225.
Maps are available for inspection at City Hall, 111 W. Main Street, Everson, Washington.
Send comments to The Honorable Gena Tolle, Mayor, P.O. Box 315, Everson, Washington 98247.
Maps are available for inspection at the Planning Department, 5694 2nd Avenue, Ferndale, Washington.
Send comments to The Honorable Yvonne Goldsmith, Mayor, City of Ferndale, 5694 2nd Avenue, Ferndale, Washington 98248.
Maps are available for inspection at the Planning Department 2828 Kwina Road, Bellingham, Washington.
Send comments to The Honorable Tim Ballew, Tribal Chair, City of Lummi Indian Nation, 2626 Kwina Road, Bellingham, Washington 98226.
Maps are available for inspection at the Planning Department, 323 Front Street, Lynden, Washington.
Send comments to The Honorable Daryl Brennick, Mayor, City of Lynden, 323 Front Street, Lynden, Washington 98264.
Maps are available for inspection at City Hall, 103 W. Madison Street, Nooksack, Washington 98276.
Send comments to The Honorable James S. Ackerman, Mayor, City of Nooksack, P.O. Box 4265, Nooksack, Washington 98276.
Maps are available for inspection at City Hall, 433 Cherry Street, Sumas, Washington 98295.
Send comments to The Honorable Don Peterson, Mayor, City of Sumas, P.O. Box 9 Sumas, Washington 98295.

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

Dated: January 28, 2000.

Michael J. Armstrong,

Associate Director for Mitigation.