Federal Register: June 19, 2006 (Volume 71, Number 117)Proposed RulesPage 35235-35240From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr19jn06-31

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

Docket No. FEMA-B-7460Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency (FEMA), 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 table below.

FOR FURTHER INFORMATION CONTACT: Doug Bellomo, P.E., Hazard Identification Section, Mitigation Division, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646- 2903.

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 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 Federal Emergency Management Agency 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 13132, Federalism. This rule involves no policies that have federalism implications under Executive Order 13132.

Executive Order 12988, Civil Justice Reform. This rule meets the 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:

[Page 35236]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) State

City/town/county

Source of flooding

Location

------------------------- Existing Modified

Texas................................ Bexar County (Uninc. San Antonio River........................ Approximately 500 feet upstream of Rd 3 along River Road..

None \*\510 Areas). Just downstream of Roosevelt Avenue....................... \*\569 \*\579 Just upstream of Josephine Street......................... \*\660 \*\656

\*\National Geodetic Vertical Datum.

Maps are available for inspection at Vista Verde Building, Suite 420, 233 North Pecos St., San Antonio, TX 78207.

Send comments to the Honorable Nelson W. Wolf, County Judge, Bexar County Courthouse, 100 Dolorosa, Suite 120, San Antonio, TX 78205.

\*\Elevation in feet (NGVD) State

City/town/county

Source of flooding

Location

------------------------- Existing Modified

Texas................................ City of San Antonio, San Antonio River........................ Approximately 500 feet upstream of Rd 3 along River Road.

None \*\510 Bexar County. Just downstream of Roosevelt Avenue.......................

*569

*579 Just upstream of Josephine Street......................... \*\660 \*\656 City of San Antonio, San Pedro Creek.......................... At the confluence with San Antonio River..................

*592

*599 Bexar County. At confluence with Apache Creek (above Rail Road).

\*\617 \*\628 Approximately 100 feet downstream of West Myrtle Street...

None \*\656 City of San Antonio, Symphony Lane Spillflow.................. At convergence with San Antonio River..................... \*\550 \*\554 Bexar County. Just upstream of East Pyron Avenue........................ \*\554 \*\558

\*\National Geodetic Vertical Datum.

Maps are available for inspection at Municipal Plaza, 114 W Commerce St., 7th Floor, San Antonio, TX 78205.

Send comments to The Honorable Ed Garza, Mayor, City Hall, PO Box 839966, San Antonio, TX 78283.

\+\Elevation in feet (NAVD) State

City/town/county

Source of flooding

Location

------------------------- Existing Modified

WY................................... Town of Hulett.......... Belle Fourche River...................... 0.75 miles downstream of State Highway 24.................

None +3,747 0.48 miles upstream of State Highway 24...................

None +3,754

+North American Vertical Datum.

Maps are available for inspection at: The Town of Hulett.

Send Comments to: The Honorable John McPartland, Mayor, 123 Hill Street, Hulett, Wyoming 82720.

\*\Existing elevation in feet (NGVD) +Modified State

City/town/county

Source of flooding

Location

elevation in feet (NAVD)

Existing Modified

WY................................... City of Sundance........ Sundance Creek........................... 1.9 miles downstream of Sundance Pond.....................

None +4,584 Confluence of North Fork and South Fork Sundance Creek.

\*\4,758 \*\4,759 North Fork............................... Confluence with Sundance Creek............................ \*\4,758 +4,759 Sundance Creed........................... 800 feet upstream of West Street.......................... \*\4,804 +4,799 South Fork............................... Confluence of North Fork Sundance Creek................... *4,758 +4,759 Sundance Creek........................... 350 feet upstream of State Highway 90.....................

None +4,792

\*\National Geodetic Vertical Datum. +North American Vertical Datum.

[Page 35237]

Maps are available for inspection at: City Hall.

Send Comments to: The Honorable James Miller, Mayor, City of Sundance, 213 Main Street, Sundance, Wyoming 82729.

*Elevation in feet (NGVD) +Elevation in Flooding source(s)

Location of referenced

feet (NAVD)

Communities affected elevation

Effective Modified

Adams County, Colorado and Incorporated Areas

Basin 4100.......................... 60 feet upstream of

*5094

+5095 Adams County (Uninc. Colorado Boulevard.

Areas), City of Thorton. 300 feet upstream of

*5220

+5223 Thornton Parkway. Bear Gulch.......................... Confluence with Box

None

+5283 Adams County (Uninc. Elder Creek.

Areas). Approximately 100 feet

None

+5536 downstream from Quail Run Mile Road. Bear Gulch Tributary D.............. Approximately 900 feet

None

+5410 Adams County (Uninc. upstream of the

Areas). confluence with Bear Gulch. Approximately 400 feet

None

+5440 downstream of future Quail Run Road alignment. Bear Gulch Tributary E.............. Confluence with Bear

None

+5388 Adams County (Uninc. Gulch.

Areas). 1115 feet upstream from

None

+5390 confluence with Bear Gulch. Bear Gulch Tributary G.............. Confluence with Bear

None

+5335 Adams County (Uninc. Gulch.

Areas). 320 feet upstream from

None

+5367 Quail Run Mile Road. Box Elder Creek..................... Approximately 130 feet

None

+5054 Adams County (Uninc. downstream from East

Areas). 168th Avenue. 3000 feet north of the

*5513

+5516 Union Pacific Rail Road. Clear Creek......................... Confluence with South

*5105

+5106 Adams County (Uninc. Platte River.

Areas). At Sheridan Boulevard..

*5254

+5263 Clear Creek North Overflow.......... Confluence with Clear

*5222

+5222 Adams County (Uninc. Creek.

Areas). At Sheridan Boulevard..

*5254

+5263 Coyote Run.......................... Confluence with Box

None

+5394 Adams County (Uninc. Elder Creek.

Areas). Immediately downstream

None

+5512 of US 36. Hayesmount Creek.................... Approximately 130 feet

None

+5071 Adams County (Uninc. downstream from East

Areas). 168th Avenue. Adams/Denver County

None

+5234 Line. Hayesmount Creek East Tributary..... Confluence with

None

+5190 Adams County (Uninc. Hayesmount Creek.

Areas). Approximately 5800 feet

None

+5234 upstream from East 120th Avenue. Hayesmount Creek West Tributary..... Confluence with

None

+5165 Adams County (Uninc. Hayesmount Creek.

Areas). Approximately 9000 feet

None

+5225 upstream from East 128th Avenue. South Platte River.................. Approximately 130 feet

*4953

+4956 Adams County (Uninc. downstream from East

Areas), City of 168th Avenue.

Brighton, City of Commerce City, City of Thorton At Franklin Street.....

*5144

+5138

* National Geodetic Vertical Datum. + National American Vertical Datum.

ADDRESSES:

Unincorporated Areas of Adams County

Maps are available for inspection at 12200 North Pecos Street, Third Floor, Westminster, Colorado 80234

.Send comments to Commissioner Larry W. Pace, Chairman, Board of County Commissioners, 450 South 4th Avenue, Brighton, Colorado 80601.

City of Brighton

Maps are available for inspection at 22 South 4th Avenue, Brighton, Colorado 80601. Send comments to the Honorable Jan Pawlowski, Mayor, City of Brighton, 22 South 4th Avenue, Brighton, Colorado 80601.

City of Commerce City

Maps are available for inspection at 5291 East 60th Avenue, Commerce City, Colorado 80022.

[Page 35238]

Send comments to the Honorable Sean Ford, Mayor, City of Commerce City, 5291 East 60th Avenue, Commerce City, Colorado 80022.

City of Thorton

Maps are available for inspection at Infrastructure Maintenance Center, 12450 Washington Street, Thorton, Colorado 80229.

Send comments to the Honorable Noel Busck, Mayor, City of Thorton, 9500 Civic Center Drive, Thorton, Colorado 80229.

Payne County, Oklahoma and Incorporated Areas

Bell Creek.......................... At confluence with Bell

None

+854 Payne County (Uninc. Creek and Cottonwood

Areas), City of Creek.

Cushing. Intersection of Little

None

+917 ....................... Avenue and Bell Creek. East Boomer Creek................... At the intersection of

*882

+878 Payne County (Uninc. Mceleroy Road and East

Areas), City of Boomer Creek.

Stillwater. At the intersection of

None

+931 ....................... West Peacable Acres Road and East Boomer Creek. Knipe Creek......................... At confluence with

None

+841 Payne County (Uninc. Cimarron River and

Areas), Town of Knipe Creek.

Perkins. Approximately 11,500

None

+903 ....................... feet upstream the confluence of Knipe Creek and Cimarron River. Perkins Creek....................... At the confluence of

None

+844 Payne County (Uninc. Perkins Creek and

Areas), Town of Cimarron River.

Perkins. Intersection of 116th

None

+916 Street and Perkins Creek. Stillwater Creek.................... Intersection of 44th

None

+844 Payne County (Uninc. Avenue and Prairie

Areas), City of Road.

Stillwater, Town of Ripley. Approximately 2,000

*896

+894 ....................... feet upstream the confluence of Harrington Creek and Stillwater Creek. West Boomer Creek................... At the intersection of

*883

+882 Payne County (Uninc. West Hall of Fame

Areas), City of Avenue and West Boomer

Stillwater. Creek. At the intersection of

None

+916 West Liberty Lane and West Boomer Creek.

* National Geodetic Vertical Datum 1929. + National American Vertical Datum 1988.

ADDRESSES:

Unincorporated Areas of Payne County

Maps are available for inspection at 315 West 6th Street, Stillwater, OK 74074.

Send comments to Ms. Gloria Hesser, District 2 County Commissioner, 315 West 6th Street, Stillwater, OK 74074.

City of Cushing

Maps are available for inspection at Cushing City Hall, 100 Judy Adams Blvd., Cushing, OK 74023.

Send comments to the Honorable Loren West, Mayor, City of Cushing, Cushing City Hall, Cushing, OK 74023.

City of Stillwater

Maps are available for inspection at Stillwater Municipal Building, 723 S. Lewis, Stillwater, OK 74074.

Send comments to the Honorable Bud Lacy, Mayor, City of Stillwater, 723 S. Lewis St., Stillwater, OK 74076.

Town of Perkins

Maps are available for inspection at City Hall, 110 N. Main, Perkins, OK 74059.

Send comments to the Honorable Mel Miller, Mayor, Town of Perkins, 110 N. Main, Perkins, OK 74059.

Town of Ripely

Maps are available for inspection at 203 S. Ripley Street, Ripley, OK 74062.

Send comments to the Honorable Jay Varble, Mayor, Town of Ripley, 203 S. Ripley Street, Ripley, OK 74062.

Henrico County, Virginia and Incorporated Areas

Allens Branch....................... Approximately at the

None

+197 Henrico County (Uninc. confluence with

Areas). Chickahominy River. Approximately 250 feet

None

+214 ....................... downstream from the I- 295 Ramp. Chickahominy River.................. Approximately at

None

+77 Henrico County (Uninc. Creighton Road.

Areas). Approximately 1900 feet

None

+218 ....................... downstream from Shady Grove Road. Copperas Creek...................... Approximately at the

None

+144 Henrico County (Uninc. confluence with

Areas). Tuckahoe Creek.

[Page 35239]

Approximately 150 feet

None

+220 ....................... downstream from Waterford Way East. Copperas Creek Tributary 2.......... Approximately at the

None

+160 Henrico County (Uninc. confluence with

Areas). Copperas Creek. Approximately 2000 feet

None

+206 ....................... upstream from Ridgefield Parkway. Fourmile Creek...................... Approximately at the

None

+11 Henrico County (Uninc. confluence with James

Areas). River. Approximately 2000 feet

None

+92 ....................... upstream from Doran Road. Fourmile Creek Tributary 7.......... Approximately at the

None

+85 Henrico County (Uninc. confluence with

Areas). Fourmile Creek. Approximately 775 feet

None

+88 ....................... upstream from the Footbridge. Gillies Creek Tributary 1........... Approximately at the

None

+121 Henrico County (Uninc. confluence with

Areas). Gillies Creek. Approximately 250 feet

None

+154 downstream from South Kalmia Avenue. Harding Branch...................... Approximately at the

None

+148 Henrico County (Uninc. confluence with

Areas). Tuckahoe Creek. Approximately 2500 feet

None

+240 upstream from Park Terrace Drive. Harding Branch Tributary 1.......... Approximately at the

None

+168 Henrico County (Uninc. confluence with

Areas). Harding Branch. Approximately 1000 feet

None

+171 upstream from the confluence with Harding Branch. Heckler Village Tributary 1......... Approximately at the

None

+109 Henrico County (Uninc. confluence with

Areas). Gillies Creek. Approximately 1100 feet

None

+145 upstream from Colwyck Drive. Heckler Village Tributary 2......... Approximately at the

None

+138 Henrico County (Uninc. confluence with

Areas). Gillies Creek. Approximately 1600 feet

None

+158 upstream from Wynfield Terrace. Horsepen Branch..................... Approximately at the

None

+174 Henrico County (Uninc. confluence with Upham

Areas). Brook. Approximately 300 feet

None

+218 upstream from Devers Road. James River......................... Approximately 2100 feet

None

+16 Henrico County (Uninc. southeast of the

Areas). intersection of Osborne Landing and Kingsland Road. Approximately 1250 feet

None

+32 Northwest of the intersection of Stancraft Way and Old Osborne Turnpike. Meredith Branch..................... Approximately at the

None

+186 Henrico County (Uninc. confluence with

Areas). Chickahominy River. Approximately 500 feet

None

+230 downstream from Broad Meadows Road. North Run........................... Approximately at the

+117

+120 Henrico County (Uninc. confluence with Upham

Areas). Brook. Approximately 400 feet

+119

+120 upstream from the confluence with Upham Brook. Rooty Branch........................ Approximately 600 feet

None

+221 Henrico County (Uninc. downstream from

Areas). Nuckols Road. Approximately 1800 feet

None

+233 upstream from Nuckols Road. Tributary A To Gillies Creek

Approximately at the

None

+146 Henrico County (Uninc. Tributary 1.

confluence with

Areas). Gillies Creek Tributary 1. Approximately 1200 feet

None

+158 upstream from Yates Lane. Tributary A to Gillies Creek

Approximately at the

None

+150 Henrico County (Uninc. Tributary 1 Tributary.

confluence with

Areas). Tributary A to Gillies Creek Tributary 1. Approximately 750 feet

None

+160 south from Nine Mile Road.

* National Geodetic Vertical Datum. + National American Vertical Datum.

[Page 35240]

ADDRESSES: Unincorporated Areas of Henrico County

Maps are available for inspection at Henrico West End Government Center, 4301 E. Parham Road, Richmond, VA 23228.

Send comments to Mr. Robert Thompson, Director of Public Works, P.O. Box 27032, Richmond, VA 23273.

(Catalog of Federal Domestic Assistance No. 83.100, ``Flood Insurance.'')

Michael Buckley, Deputy Director, Mitigation Division, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. E6-9510 Filed 6-16-06; 8:45 am]

BILLING CODE 9110-12-P