Federal Register: September 21, 2009 (Volume 74, Number 181)
DOCID: fr21se09-17 FR Doc E9-22581
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
CFR Citation: 44 CFR Part 67
Docket ID: [Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-B-1074]
NOTICE: PROPOSED RULES
DOCID: fr21se09-17
DOCUMENT ACTION: Proposed rule.
SUBJECT CATEGORY:
Proposed Flood Elevation Determinations
DATES: Comments are to be submitted on or before December 21, 2009.
DOCUMENT SUMMARY:
Comments are requested on the proposed Base (1% annual-chance) Flood Elevations (BFEs) and proposed BFE modifications for the communities listed in the table below. The purpose of this notice is to seek general information and comment regarding the proposed regulatory flood elevations for the reach described by the downstream and upstream locations in the table below. The BFEs and modified BFEs are a part of the floodplain management measures that the community is required either to adopt or show evidence of having in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). In addition, these elevations, once finalized, will be used by insurance agents, and others to calculate appropriate flood insurance premium rates for new buildings and the contents in those buildings.
SUMMARY:
Proposed Flood Elevation Determinations
SUPPLEMENTAL INFORMATION
The Federal Emergency Management Agency (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.
Comments on any aspect of the Flood Insurance Study and FIRM, other than the proposed BFEs, will be considered. A letter acknowledging receipt of any comments will not be sent.
National Environmental Policy Act. This proposed rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Consideration. An environmental impact assessment has not been prepared.
Regulatory Flexibility Act. As flood elevation determinations are not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601 612, a regulatory flexibility analysis is not required.
Executive Order 12866, Regulatory Planning and Review. This proposed rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866, as amended.
Executive Order 13132, Federalism. This proposed rule involves no policies that have federalism implications under Executive Order 13132.
Executive Order 12988, Civil Justice Reform. This proposed rule meets the
[[Page 48044]]
applicable standards of Executive Order 12988.
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 [Amended]
2. The tables published under the authority of Sec. 67.4 are proposed to be amended as follows:
* Elevation in feet
(NGVD) + Elevation in
feet (NAVD)
Approximately 1,300 None +1,070 feet upstream of
Cloverhill Road.
Dry Jordan Creek.................... Approximately 0.63 None +1,167 Unincorporated Areas of
miles upstream of Boone County. Goblin Drive.
Approximately 0.64 None +1,167 miles upstream of
Goblin Drive.
Dry Jordan Tributary................ Approximately 560 feet None +1,208 Unincorporated Areas of
upstream of Highway 65. Boone County.
Approximately 720 feet None +1,208
upstream of Highway 65. * National Geodetic Vertical Datum.
+ North American Vertical Datum.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
the community map repository (see below) for exact locations of all BFEs to be changed.
Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
Unincorporated Areas of Boone County
Maps are available for inspection at 100 North Main Street, Harrison, AR 72601.
Johnson County, Arkansas, and Incorporated Areas
Little Willett Branch............... Just upstream of State None +409 Unincorporated Areas of
Highway 103. Johnson County.
Approximately 200 feet None +409 upstream of State
Highway 103.
Sprada Creek........................ Approximately 1,050 None +391 Unincorporated Areas of
feet downstream of Johnson County. Private Road 3477.
Just upstream of County None +411 Highway 3520.
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
the community map repository (see below) for exact locations of all BFEs to be changed.
Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
Unincorporated Areas of Johnson County
Maps are available for inspection at P.O. Box 278, 705 Cline Road, Clarksville, AR 72830.
Del Norte County, California, and Incorporated Areas
Lake Earl........................... Entire shoreline....... None +13 Unincorporated Areas of
Del Norte County.
Lake Tolowa......................... Entire shoreline....... None +13 Unincorporated Areas of
Del Norte County.
Overflow Southwest of Smith River... Approximately 2,000 None +13 Unincorporated Areas of
feet east of the Del Norte County. intersection of
Prigmore Street and
Fisher Drive.
[[Page 48045]]
Approximately 500 feet None +40 west of the
intersection of
Highway 101 and
Reynolds Court.
Pacific Ocean....................... From approximately None +1420 Unincorporated Areas of
1,420 feet north of Del Norte County. Pyramid Point to
approximately 7,870
feet south of the
mouth of Lake Tolowa
along the shoreline of the Pacific Ocean.
Approximately 7,000 None
mouth of Lake Tolowa just inland of the
shoreline of the
Pacific Ocean.
Approximately 2,300 None
mouth of Lake Tolowa just inland of the
shoreline of the
Pacific Ocean.
Rowdy Creek......................... Confluence with Smith None +25 Unincorporated Areas of
River. Del Norte County.
Approximately 1,450 None +64 feet upstream of
Highway 101.
Sheetflow Southwest of Smith River.. From just downstream of None
Road between Tryon
Creek and the Smith
River.
Smith River......................... Mouth of the Smith None +15 Unincorporated Areas of
River. Del Norte County.
Approximately 2,100 None +47 feet upstream of
Highway 101.
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
the community map repository (see below) for exact locations of all BFEs to be changed.
Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
Unincorporated Areas of Del Norte County
Maps are available for inspection at City Hall, Public Works Department, 377 J Street, Crescent City, CA 95531.
Edmonson County, Kentucky, and Incorporated Areas
Alexander Creek (Backwater effects From confluence with None +446 Unincorporated Areas of
from Green River). Green River to Edmonson County.
approximately 240 feet
upstream of confluence
with Alexander Creek Tributary 3.
Bear Creek (Backwater effects from From confluence with None +438 Unincorporated Areas of
Green River). Green River to Edmonson County. approximately 3.8
miles upstream of
confluence with Green River.
Beaverdam Creek South (Backwater From confluence with None +449 Unincorporated Areas of
effects from Green River). Green River to Edmonson County, City
approximately 3.4 of Brownsville. miles upstream of
confluence with Green River.
Beaverdam Creek Tributary 6 From confluence with None +449 Unincorporated Areas of
(Backwater effects from Green Beaverdam Creek South Edmonson County, City
River). to approximately 1,400 of Brownsville. feet upstream of
confluence with
Beaverdam Creek South.
Brier Creek (Backwater effects from From confluence with None +560 Unincorporated Areas of
Nolin Lake). Nolin Lake to Edmonson County.
approximately 0.6 mile
upstream of confluence with Nolin Lake.
Bylew Creek (Backwater effects from From confluence with None +455 Unincorporated Areas of
Green River). Nolin River to Edmonson County. approximately 1.2
miles upstream of
confluence with Nolin River.
Dog Creek (Backwater effects from From county boundary to None +560 Unincorporated Areas of
Nolin Lake). approximately 0.6 mile Edmonson County.
upstream of confluence with Dog Creek
Tributary 1.
Green River......................... At confluence with Bear None +438 Unincorporated Areas of
Creek. Edmonson County, City
of Brownsville.
At approximately 3.4 None +480 miles upstream of
confluence with Ugly Creek.
Green River Tributary 4 (Backwater From confluence with None +445 Unincorporated Areas of
effects from Green River). Green River to Edmonson County.
approximately 0.6 mile
upstream of confluence with Green River.
Honey Creek (Backwater effects from From confluence with None +443 Unincorporated Areas of
Green River). Green River to Edmonson County. approximately 1.6
miles upstream of
confluence with Green River.
[[Page 48046]]
Indian Creek (Backwater effects from From confluence with None +452 Unincorporated Areas of
Green River). Green River to Edmonson County, City
approximately 0.9 mile of Brownsville.
upstream of confluence with Green River.
Laurel Branch (Backwater effects From confluence with None +449 City of Brownsville.
from Green River). Beaverdam Creek South
to approximately 0.5 mile upstream of
confluence with
Beaverdam Creek South.
Little Beaverdam Creek (Backwater From confluence with None +442 Unincorporated Areas of
effects from Green River). Green River to Edmonson County.
approximately 1 mile
upstream of confluence with Sally Branch.
Nolin Lake.......................... Entire shoreline of None +560 Unincorporated Areas of
Nolin Lake. Edmonson County.
Nolin River (Backwater effects from From confluence with None +455 Unincorporated Areas of
Green River). Green River to Edmonson County.
approximately 0.8 mile
upstream of confluence with Bylew Creek.
Sally Branch (Backwater effects from From confluence with None +442 Unincorporated Areas of
Green River). Little Beaverdam Creek Edmonson County.
to approximately 0.6 mile upstream of
confluence with Little Beaverdam Creek.
Ugly Creek (Backwater effects from From confluence with None +477 Unincorporated Areas of
Green River). Green River to Edmonson County. approximately 1.1
miles upstream of
confluence with Green River.
Wolf Creek (Backwater effects from From confluence with None +560 Unincorporated Areas of
Nolin Lake). Dog Creek to Edmonson County.
approximately 1 mile
upstream of confluence with Dog Creek.
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
the community map repository (see below) for exact locations of all BFEs to be changed.
Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES City of Brownsville
Maps are available for inspection at 121 Washington Street, Brownsville, KY 42210.
Unincorporated Areas of Edmonson County
Maps are available for inspection at 108 North Main Street, Brownsville, KY 42210.
Lincoln County, Nevada, and Incorporated Areas
Clover Creek........................ Approximately 280 feet +4,404 +4,409 Unincorporated Areas of
upstream of confluence Lincoln County, City
with Meadow Valley of Caliente.
Wash (Near Caliente).
Approximately 2.4 miles None +4,473
upstream of confluence with Meadow Valley
Wash (Near Caliente).
Meadow Valley Wash (Near Caliente).. Approximately 0.73 mile None
Union Pacific Railroad.
Approximately 0.73 mile +4,329 +4,329 downstream of Union
Pacific Railroad.
Approximately 674 feet +4,437 +4,438 upstream of U.S.
Highway 93.
Meadow Valley Wash (Near Ursine).... Approximately 1.0 mile None +5,543 Unincorporated Areas of
downstream of North Lincoln County. Eagle Valley Road.
Approximately 1,150 None +5,607
feet upstream of North Eagle Valley Road.
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
the community map repository (see below) for exact locations of all BFEs to be changed.
Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. [[Page 48047]]
ADDRESSES City of Caliente
Maps are available for inspection at 100 Depot Avenue, Caliente, NV 89008.
Unincorporated Areas of Lincoln County
Maps are available for inspection at the Planning and Zoning Department, 181 Main Street, Suite 107, Pioche, NV 89043.
Clay County, Tennessee, and Incorporated Areas
Cumberland River.................... Approximately 3.5 miles None +508 Unincorporated Areas of
downstream of Highway Clay County, City of
52. Celina.
Approximately 4.8 miles None +518
upstream of Highway 52. * National Geodetic Vertical Datum.
+ North American Vertical Datum.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
the community map repository (see below) for exact locations of all BFEs to be changed.
Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES City of Celina
Maps are available for inspection at City Hall, 143 Cordell Hull Drive, Celina, TN 38551.
Unincorporated Areas of Clay County
Maps are available for inspection at the Clay County Public Library, 116 Guffey Street, Celina, TN 38551.
Atascosa County, Texas, and Incorporated Areas
Rutledge Hollow Creek............... Just upstream of Roys None +440 Unincorporated Areas of
Drive. Atascosa County.
Approximately 500 feet None +442
upstream of Roys Drive. * National Geodetic Vertical Datum.
+ North American Vertical Datum.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
the community map repository (see below) for exact locations of all BFEs to be changed.
Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
Unincorporated Areas of Atascosa County
Maps are available for inspection at Circle Drive 41, Jourdanton, TX 78026.
Washington County, Vermont (All Jurisdictions)
Great Brook No. 1................... At the confluence with +503 +501 Town of Middlesex. Winooski River.
Approximately 140 feet +503 +501 downstream of U.S.
Route 2.
Gunners Brook....................... At the downstream side +598 +596 City of Barre. of Brook Street.
Approximately 80 feet None +616 upstream of Brook
Street.
Mad River........................... At the confluence with +452 +454 Town of Moretown. Winooski River.
Approximately 950 feet +452 +454
upstream of confluence
with Winooski River.
Mirror Lake......................... Entire shoreline....... None +1,047 Town of Calais.
North Montpelier Pond............... Entire shoreline....... None +708 Town of Calais, Town of
East Montpelier.
Stevens Branch...................... At the confluence with +547 +544 Town of Barre, City of
Winooski River. Barre, City of
Montpelier, Town of
Berlin.
At county boundary +741 +740 (approximately 2.0
miles upstream of
Snowbridge Road).
[[Page 48048]]
Sunny Brook of Winooksi River....... At the confluence with +513 +510 Town of Middlesex. Winooski River.
At downstream side of +513 +510 New England Central
Railroad.
Thatcher Brook...................... Approximately 225 feet +503 +502 Town of Waterbury. upstream of Stowe
Street.
Approximately 1,100 +504 +503
feet upstream of Stowe Street.
Union Brook......................... At the confluence with +727 +728 Village of Northfield. Dog River.
Approximately 60 feet +727 +728 upstream of Water
Street.
Winooski River...................... At Chittenden County +341 +342 Town of Middlesex, City
Boundary of Montpelier, Town of
(approximately 13,080 Berlin, Town of
feet downstream of Duxbury, Town of East
Bolton Falls Dam). Montpelier, Town of
Moretown, Town of
Waterbury, Village of
Waterbury.
At downstream side of +597 +595
Green Mountain Power No. 4 Dam.
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
the community map repository (see below) for exact locations of all BFEs to be changed.
Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES City of Barre
Maps are available for inspection at City Hall, 6 North Main Street, Barre, VT 05641. City of Montpelier
Maps are available for inspection at the Planning, Zoning, and Community Development Department, City Hall, 39 Main Street, Montpelier, VT 05602.
Town of Barre
Maps are available for inspection at the Town Clerk's Office, 149 Websterville Road, Websterville, VT 05678. Town of Berlin
Maps are available for inspection at the Town Zoning Office, 108 Shed Road, Berlin, VT 05602. Town of Calais
Maps are available for inspection at the Town Clerk's Office, 3120 Pekin Brook Road, East Calais, VT 05650. Town of Duxbury
Maps are available for inspection at the Town Office, 5421 Vermont Route 100, Duxbury, VT 05676. Town of East Montpelier
Maps are available for inspection at the Town Hall, 40 Kelton Road, East Montpelier, VT 05651. Town of Middlesex
Maps are available for inspection at the Town Clerk's Office, 5 Church Street, Middlesex, VT 05602. Town of Moretown
Maps are available for inspection at the Town Clerk's Office, 994 Vermont Route 100B, Moretown, VT 05660. Town of Waterbury
Maps are available for inspection at the Waterbury Municipal Offices, 51 South Main Street, Waterbury, VT 05676. Village of Northfield
Maps are available for inspection at the Zoning Office, 51 South Main Street, Northfield, VT 05663. Village of Waterbury
Maps are available for inspection at the Waterbury Municipal Offices, 51 South Main Street, Waterbury, VT 05676.
Upshur County, West Virginia, and Incorporated Areas
Brushy Fork (Backwater flooding from Approximately at the None +1,415 Unincorporated Areas of
Buckhannon River). confluence with Fink Upshur County. Run.
Approximately 700 feet None +1,415 upstream of County
Route 7/1 (Left Branch of Brushy Fork).
Fink Run (Backwater flooding from Just upstream of Old None +1,415 Unincorporated Areas of
Buckhannon River). Weston Road. Upshur County. [[Page 48049]]
Approximately 2,100 None +1,415 feet upstream of
intersection of Old
Weston Road and County Route 5/7 (Mudlick
Run).
Unnamed Tributary No. 1 to Fink Run Approximately at the None +1,415 Unincorporated Areas of
(Backwater flooding from Buckhannon area bounded by US Upshur County. River). Route 33, Wabash
Avenue, and County
Route 33/1.
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
the community map repository (see below) for exact locations of all BFEs to be changed.
Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
Unincorporated Areas of Upshur County
Maps are available for inspection at 38 West Main Street, Buckhannon, WV 26201.
(Catalog of Federal Domestic Assistance No. 97.022, ``Flood Insurance.'')
Deborah S. Ingram,
Acting Deputy Assistant Administrator for Mitigation, Mitigation
Directorate, Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. E922581 Filed 91809; 8:45 am]
BILLING CODE 911012P
FOR FURTHER INFORMATION CONTACT
Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 6462820, or (email) kevin.long@dhs.gov.