Federal Register: August 18, 2010 (Volume 75, Number 159)

DOCID: fr18au10-40 FR Doc 2010-20410

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-1066]

NOTICE: PROPOSED RULES

DOCID: fr18au10-40

DOCUMENT ACTION: Proposed rule; correction.

SUBJECT CATEGORY:

Proposed Flood Elevation Determinations

DATES: Comments are to be submitted on or before November 16, 2010.

DOCUMENT SUMMARY:

On September 8, 2009, FEMA published in the Federal Register a proposed rule that contained an erroneous table. This notice provides corrections to that table, to be used in lieu of the information published at 74 FR 46047. The table provided here represents the flooding sources, location of referenced elevations, effective and modified elevations, and communities affected for York County, Maine (All Jurisdictions). Specifically, it addresses the following flooding sources: Atlantic Ocean, Bonny Eagle Pond, Cape Porpoise Harbor, Cleaves Cove, Coffin Brook, Coffin Brook Tributary 1, Driscoll Brook, Ferguson Brook, Goosefare Brook, Great East Lake, Jones Brook (backwater effects from Scarborough River), Keay Brook, Kennebunk River, Little Ossipee River, Little River, Little River (backwater effects from Scarborough River), Mill Brook (backwater effects from Scarborough River), Mousam River, Mulloy Brook, Piscataqua River, Portsmouth Harbor, Province Lake, Saco River, Salmon Falls River, Sampson Cove, Spruce Creek, Stump Pond, The Pool, Worster Brook, and Worster Brook Tributary 3.

SUMMARY:

Proposed Flood Elevation Determinations

SUPPLEMENTAL INFORMATION

The Federal Emergency Management Agency (FEMA) publishes proposed determinations of Base (1% annualchance) Flood Elevations (BFEs) and modified BFEs for communities participating in the National Flood Insurance Program (NFIP), 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 minimum requirements. 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 also are used to calculate the appropriate flood insurance premium rates for new buildings built after these elevations are made final, and for the contents in those buildings. Corrections

In the proposed rule published at 74 FR 46047 in the September 8, 2009, issue of the Federal Register, FEMA published a table under the authority of 44 CFR 67.4. The table entitled ``York County, Maine (All Jurisdictions)'' addressed the following flooding sources: Atlantic Ocean, Cape Porpoise Harbor, Cleaves Cove, Coffin Brook, Coffin Brook Tributary 1, Driscoll Brook, Ferguson Brook, Goosefare Brook, Keay Brook, Kennebunk River, Little River, Mulloy Brook, Piscataqua River (Town of Kittery), Portsmouth Harbor, Saco River, Sampson Cove, Spruce Creek, The Pool, Worster Brook, and Worster Brook Tributary 3. That table contained inaccurate information as to the location of referenced elevations, effective and modified elevations in feet, or communities affected for the flooding sources ``Little River'' and ``Piscataqua River.'' In addition, it did not include the following flooding sources: Bonny Eagle Pond, Great East Lake, Jones Brook (backwater effects from Scarborough River), Little Ossipee River, Little River (backwater effects from Scarborough River), Mill Brook (backwater effects from Scarborough River), Mousam River, Piscataqua River (Town of Eliot), Province Lake, Salmon Falls River, and Stump Pond. In this notice, FEMA is publishing a table containing the accurate information, to address these prior errors. The information provided below should be used in lieu of that previously published.
* Elevation in feet (NGVD) + Elevation in feet (NAVD) Depth in feet above Flooding source(s) Location of referenced ground [caret] Communities affected elevation Elevation in meters (MSL) Effective Modified York County, Maine (All Jurisdictions) Atlantic Ocean...................... Along the shoreline, at +11 +12 City of Biddeford, Town the intersection of of Kennebunk, Town of Great Hill Road and Kennebunkport, Town of Sand Dollar Lane. Kittery, Town of Ogunquit, Town of Old Orchard Beach, Town of Wells, Town of York. [[Page 50956]]
Along the shoreline, +14 +33 approximately 230 feet east of the
intersection of Ocean View Lane and Ontio
Way.
Bonny Eagle Pond.................... Entire shoreline within None +268 Town of Buxton. the Town of Buxton.
Cape Porpoise Harbor................ Along the shoreline, at +8 +9 Town of Kennebunkport. the intersection of
Paddy Creek Road and Paddy Creek Hill Road. Along the shoreline, +13 +17 approximately 330 feet east of the terminus of Harbor Drive.
Cleaves Cove........................ Along the shoreline, None +13 Town of Kennebunkport. approximately 400 feet from the intersection of Turbats Creek Road and Field Point Road. Along the shoreline, at +13 +22 the terminus of
Halcyon Drive.
Coffin Brook........................ Just upstream of the None +133 Town of Berwick. confluence with
Worster Brook.
Approximately 1.63 mile None +254 upstream of the
confluence with
Worster Brook.
Coffin Brook Tributary 1............ Just upstream of the None +141 Town of Berwick. confluence with Coffin Brook.
Just downstream of None +320 Cemetery Road.
Driscoll Brook...................... Approximately 465 feet None +85 Town of Berwick, Town east of the of South Berwick. intersection of State Route 236 and railroad. Just downstream of None +159 Blackberry Hill Road. Ferguson Brook...................... Just upstream of the None +117 Town of Berwick. confluence with
Worster Brook.
Just downstream of None +326 Cemetery Road.
Goosefare Brook..................... Along the shoreline, at +8 +9 Town of Old Orchard the intersection of Beach. Royal Street and
Massachusetts Avenue. Along the shoreline, at None +15 the intersection of
New Salt Road and
Grand Avenue.
Great East Lake..................... Entire shoreline within None +575 Town of Acton. the Town of Acton.
Jones Brook (backwater effects from From the Cumberland +7 +9 Town of Old Orchard Scarborough River). County boundary to Beach. approximately 0.7 mile upstream of the
Cumberland County
boundary.
Keay Brook.......................... Just upstream of the None +186 Town of Berwick. confluence with the
Salmon Falls River.. Approximately 890 feet None +250 south of the terminus of Richardson Drive. Kennebunk River..................... Approximately 340 feet None +9 Town of Arundel. south of the terminus of Old Boston Road.
Little Ossipee River................ Approximately 0.6 mile None +287 Town of Hollis. upstream of Sand Pond Road.
Approximately 0.9 mile None +287 upstream of Sand Pond Road.
Little River........................ Just upstream of the None +183 Town of Berwick, Town confluence with the of North Berwick. Salmon Falls River.
Just upstream of the None +249 intersection of Little River Road and Dark
Hollow Lane.
Little River (backwater effects from From the confluence +7 +9 Town of Old Orchard Scarborough River). with Mill Brook to Beach. approximately 1.4 mile upstream of the
confluence with Mill Brook.
Mill Brook (backwater effects from From the confluence +7 +9 Town of Old Orchard Scarborough River). with Jones Brook to Beach. approximately 0.8 mile upstream of the
confluence with Jones Brook.
Mousam River........................ Approximately 1,900 None +9 Town of Kennebunk. feet downstream of
Main Street (U.S.
Route 1).
Approximately 1,000 None +89 feet upstream of Mill Street.
Mulloy Brook........................ Just upstream of the None +142 Town of Berwick. confluence with
Worster Brook.
Approximately 1.1 mile None +304 upstream of the
confluence with
Worster Brook.
Piscataqua River.................... Along the shoreline, +8 +9 Town of Kittery. approximately 270 feet south of the
intersection of
Langston Street and
Prince Avenue.
Along the shoreline, +8 +14 approximately 560 feet west of the
intersection of
Langston Street and
Prince Avenue.
Piscataqua River.................... Just upstream of I95, +8 +9 Town of Eliot. at the confluence with Spinney Creek.
Approximately 100 feet +8 +9 downstream of Leach
Road.
Portsmouth Harbor................... Along the shoreline, +8 +9 Town of Kittery. approximately 165 feet east of the
intersection of Haley Road and Pepperrell
Road.
Along the shoreline, +14 +22 approximately 390 feet east of the
intersection of
Bellamy Lane and
Pepperrell Road.
Province Lake....................... Entire shoreline within None +481 Town of Parsonsfield. the Town of
Parsonsfield.
[[Page 50957]]
Saco River.......................... Along the shoreline, at +8 +9 City of Biddeford. the terminus of
Crestwood Drive.
Along the shoreline, at +13 +16 the terminus of
Reserved Lane.
Salmon Falls River.................. Approximately 2.7 miles None +420 Town of Acton. upstream of New Bridge Road, at the corporate limits.
Just downstream of None +511 State Route 109.
Sampson Cove........................ Along the shoreline, +8 +14 Town of Kennebunkport. approximately 1,200
feet east of the
intersection of
Marshall Point Road
and Mills Road.
Along the shoreline, +15 +17 approximately 720 feet east of the
intersection of
Fishers Lane and
Agamenticus Avenue.
Spruce Creek........................ Along the shoreline, +8 +9 Town of Kittery. approximately 920 feet north of the
intersection of
Whipple Road and
Newson Avenue.
Along the shoreline, +8 +13 approximately 920 feet north of the
intersection of
Whipple Road and
Newson Avenue.
Stump Pond.......................... Entire shoreline within None +559 Town of Newfield. the Town of Newfield.. The Pool............................ Along the shoreline, None +9 City of Biddeford. approximately 560 feet from the intersection of Days Landing and
Dory Lane.
Along the shoreline, +8 +11 approximately 490 feet from the intersection of Winter Harbor Lane and Bridge Road.
Worster Brook....................... Just upstream of the None +76 Town of Berwick. confluence with the
Salmon Falls River.
Approximately 5.8 miles None +228 upstream of the
confluence with the
Salmon Falls River.
Worster Brook Tributary 3........... Just upstream of the None +194 Town of Berwick. confluence with
Worster Brook.
Just downstream of None +310 Thompson Hill Road.
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
[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 Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Biddeford
Maps are available for inspection at City Hall, 205 Main Street, Biddeford, ME 04005. Town of Acton
Maps are available for inspection at 35 H Road, Acton, ME 04001. Town of Arundel
Maps are available for inspection at the Town Hall, 468 Limerick Road, Arundel, ME 04046. Town of Berwick
Maps are available for inspection at the Town Hall, 11 Sullivan Square, Berwick, ME 03901. Town of Buxton
Maps are available for inspection at the Town Hall, 185 Portland Road, Buxton, ME 04093. Town of Eliot
Maps are available for inspection at the Town Hall, 1333 State Road, Eliot, ME 03903. Town of Hollis
Maps are available for inspection at the Town Hall, 34 Town Farm Road, Hollis, ME 04042. Town of Kennebunk
Maps are available for inspection at the Town Hall, 1 Summer Street, Kennebunk, ME 04043. Town of Kennebunkport
Maps are available for inspection at the Town Hall, 6 Elm Street, Kennebunkport, ME 04046. Town of Kittery
Maps are available for inspection at the Town Hall, 200 Rogers Road, Kittery, ME 03904. Town of Newfield
Maps are available for inspection at 637 Water Street, West Newfield, ME 04095. Town of North Berwick
[[Page 50958]]
Maps are available for inspection at the Town Hall, 21 Main Street, North Berwick, ME 03906. Town of Ogunquit
Maps are available for inspection at the Town Hall, 23 School Street, Ogunquit, ME 03907. Town of Old Orchard Beach
Maps are available for inspection at the Town Hall, 1 Portland Avenue, Old Orchard Beach, ME 04064. Town of Parsonsfield
Maps are available for inspection at the Town Hall, 62 Federal Road, Parsonsfield, ME 04047. Town of South Berwick
Maps are available for inspection at the Town Hall, 180 Main Street, South Berwick, ME 03908. Town of Wells
Maps are available for inspection at the Town Hall, 208 Sanford Road, Wells, ME 04090. Town of York
Maps are available for inspection at the Town Hall, 186 York Street, York, ME 03909. (Catalog of Federal Domestic Assistance No. 97.022, ``Flood Insurance.'')

Dated: August 10, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. 201020410 Filed 81710; 8:45 am]
BILLING CODE 911012P

FOR FURTHER INFORMATION CONTACT

Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 6463461 or (email) roy.e.wright@dhs.gov.