Flood Elevation Determinations

Federal Register: June 3, 2010 (Volume 75, Number 106)

Proposed Rules

Page 31342-31347

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr03jn10-25

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency 44 CFR Part 67

Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-B-1120

Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Proposed rule.

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 to 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.

DATES: Comments are to be submitted on or before September 1, 2010.

ADDRESSES: The corresponding preliminary Flood Insurance Rate Map

(FIRM) for the proposed BFEs for each community is available for inspection at the community's map repository. The respective addresses are listed in the table below.

You may submit comments, identified by Docket No. FEMA-B-1120, to

Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation

Directorate, Federal Emergency Management Agency, 500 C Street SW.,

Washington, DC 20472, (202) 646-2820, or (e-mail) kevin.long@dhs.gov.

FOR FURTHER INFORMATION CONTACT: Kevin C. Long, Acting Chief,

Page 31343

Engineering Management Branch, Mitigation Directorate, Federal

Emergency Management Agency, 500 C Street SW., Washington, DC 20472,

(202) 646-2820, or (e-mail) kevin.long@dhs.gov.

SUPPLEMENTARY 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 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.

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 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)

Depth in feet above

Flooding source(s)

Location of referenced

ground [caret]

Communities affected elevation

Elevation in meters

(MSL)

Effective

Modified

Tazewell County, Illinois, and Incorporated Areas

Bull Run Creek...................... Approximately 900 feet

None

+655 Unincorporated Areas of upstream of the

Tazewell County, confluence with

Village of Morton

Prairie Creek.

At the upstream side of

None

+680

Idlewood Street extended.

Dempsey Creek....................... Approximately 1.40 mile

None

+541 Unincorporated Areas of upstream of the

Tazewell County. confluence with Farm

Creek.

Approximately 2.56

None

+603 miles upstream of the confluence with Farm

Creek.

Farm Creek.......................... Approximately 770 feet

None

+740 Unincorporated Areas of upstream of the

Tazewell County. railroad bridge.

At the downstream side

None

+742 of Diebel Road.

Fond Du Lac Creek................... At the confluence with

None

+500 Unincorporated Areas of

Farm Creek.

Tazewell County.

At the downstream side

None

+508 of East Washington

Street (IL-8).

Illinois River...................... At the upstream side of

+455

+454 City of Pekin,

Mason Road extended.

Unincorporated Areas of Tazewell County.

Approximately 1,950

+458

+457 feet upstream of

Illinois Highway 9.

Lick Creek.......................... Approximately 480 feet

None

+472 City of Pekin. downstream of Parkway

Drive.

Approximately 680 feet

None

+476 upstream of Parkway

Drive.

Mackinaw River...................... Approximately 0.97 mile

None

+588 Village of Mackinaw. downstream of Dee Mack

Road (County Highway 6).

Approximately 0.78 mile

None

+591 downstream of Dee Mack

Road (County Highway 6).

Prairie Creek....................... Approximately 0.49 mile

None

+648 Unincorporated Areas of downstream of the

Tazewell County. confluence with Bull

Run Creek.

Approximately 280 feet

None

+654 downstream of the confluence with Bull

Run Creek.

Page 31344

School Creek........................ At the confluence with

None

+509 City of East Peoria,

Farm Creek.

Unincorporated Areas of Tazewell County.

Approximately 80 feet

None

+622 west of Rio Drive extended.

* 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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal

Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

ADDRESSES

City of East Peoria

Maps are available for inspection at City Hall, 100 South Main Street, East Peoria, IL 61611.

City of Pekin

Maps are available for inspection at City Hall, 111 South Capitol Street, Pekin, IL 61554.

Unincorporated Areas of Tazewell County

Maps are available for inspection at the McKenzie Building, 11 South 4th Street, 4th Floor, Pekin, IL 61554.

Village of Mackinaw

Maps are available for inspection at the Village Hall, 100 East Fast Street, Mackinaw, IL 61755.

Village of Morton

Maps are available for inspection at the Village Hall, 120 North Main Street, Morton, IL 61550.

Kennebec County, Maine (All Jurisdictions)

Berry Pond.......................... Entire shoreline north

+245

+246 Town of Winthrop. of Dexter Pond Road.

Echo Lake........................... Entire shoreline within

None

+317 Town of Fayette. the Town of Fayette.

Kennebec River...................... Approximately 3.5 miles

None

+44 Town of Vassalboro. upstream of I-95.

Approximately 2.6 miles

None

+55 downstream of Carter

Memorial Drive Bridge.

Little Pond......................... Entire shoreline within

None

+256 Town of Rome. the Town of Rome.

Long Pond........................... Entire shoreline within

None

+187 Town of Windsor. the Town of Windsor.

Lovejoy Pond........................ Entire shoreline within

None

+304 Town of Fayette. the Town of Fayette.

Messalonskee Stream................. At the County Road

None

+105 Town of Oakland.

Bridge.

At the boundary between

None

+105 the City of Waterville and Somerset County.

North Pond.......................... Entire shoreline within

None

+256 Town of Rome. the Town of Rome.

Sebasticook River................... Approximately 2,500

None

+129 Township of Unity. feet downstream of the boundary between the

Town of Clinton and

Waldo County.

At the boundary between

None

+132 the Town of Clinton and Waldo County.

Threecornered Pond.................. Entire shoreline north

None

+196 Town of Windsor. of Weeks Mills Road.

Threemile Pond...................... Entire shoreline north

None

+185 Town of Windsor. of Weeks Mills 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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal

Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

ADDRESSES

Town of Fayette

Maps are available for inspection at the Town Hall, 2589 Main Street, Fayette, ME 04349.

Town of Oakland

Maps are available for inspection at the Town Hall, 6 Cascade Mill Road, Oakland, ME 04963.

Town of Rome

Maps are available for inspection at the Town Hall, 8 Mercer Road, Rome, ME 04963.

Page 31345

Town of Vassalboro

Maps are available for inspection at the Town Hall, 682 Main Street, Vassalboro, ME 04989.

Town of Windsor

Maps are available for inspection at the Town Hall, 523 Ridge Road, Windsor, ME 04363.

Town of Winthrop

Maps are available for inspection at the Town Office, 17 Highland Avenue, Winthrop, ME 04364.

Township of Unity

Maps are available for inspection at the Kennebec County Office, 125 State Street, Augusta, ME 04330.

Perry County, Missouri, and Incorporated Areas

Apple Creek......................... At a dam/unnamed road

+400

+399 Unincorporated Areas of crossing approximately

Perry County. 300 feet downstream of

U.S. Route 61.

Approximately 250 feet

+402

+403 upstream of U.S. Route 61.

Apple Creek (Backwater effects from From the confluence

None

+368 Unincorporated Areas of

Mississippi River).

with the Mississippi

Perry County.

River to approximately 3.6 miles upstream of the confluence with the Mississippi River.

Apple Creek Tributary 3 (Backwater

From the confluence

None

+368 Unincorporated Areas of effects from Mississippi River).

with Apple Creek

Perry County. upstream to County

Road 456.

Blue Spring Branch (Backwater

From the confluence

None

+390 Town of Lithium, effects from Mississippi River).

with the Mississippi

Unincorporated Areas

River to approximately

of Perry County. 1.1 mile upstream of

Christian Street.

Blue Spring Branch Tributary 1

From the confluence

None

+390 Unincorporated Areas of

(Backwater effects from Mississippi with Blue Spring

Perry County.

River).

Branch to approximately 0.5 mile upstream of County

Road 926.

Blue Spring Branch Tributary 3

From the confluence

None

+390 Unincorporated Areas of

(Backwater effects from Mississippi with Blue Spring

Perry County.

River).

Branch to approximately 0.4 mile upstream of County

Road 916.

Brazeau Creek (Backwater effects

From the confluence

None

+372 Unincorporated Areas of from Mississippi River).

with the Mississippi

Perry County.

River to approximately 1.0 mile upstream of

County Road 446.

Brazeau Creek Tributary 3 (Backwater From the confluence

None

+372 Unincorporated Areas of effects from Mississippi River).

with Brazeau Creek to

Perry County. approximately 0.5 mile upstream of County

Road 438.

Brazeau Creek Tributary 5 (Backwater From the confluence

None

+372 Unincorporated Areas of effects from Mississippi River).

with Brazeau Creek to

Perry County. approximately 250 feet upstream of Missouri

Route A.

Christenson Branch Creek (Backwater From the confluence

None

+385 Unincorporated Areas of effects from Mississippi River).

with the Mississippi

Perry County.

River to approximately 350 feet upstream of the confluence with

McClanahan Creek.

Cinque Hommes Creek (Backwater

From the confluence

None

+384 Unincorporated Areas of effects from Mississippi River).

with the Mississippi

Perry County.

River to approximately 3 miles upstream of

County Road 322.

Clines Branch (Backwater effects

From the confluence

None

+378 Unincorporated Areas of from Mississippi River).

with the Mississippi

Perry County.

River to approximately 1,400 feet downstream of the intersection of

Missouri Route D and

County Road 438.

Doodlebug Branch (Backwater effects From the confluence

None

+382 Unincorporated Areas of from Mississippi River).

with Cinque Hommes

Perry County.

Creek to approximately 4,000 feet upstream.

Dry Fork (Backwater effects from

From the confluence

None

+384 Unincorporated Areas of

Mississippi River).

with Cinque Hommes

Perry County.

Creek to approximately 1.4 mile upstream.

Dry Fork Tributary 1 (Backwater

From the confluence

None

+384 Unincorporated Areas of effects from Mississippi River).

with Dry Fork to

Perry County. approximately 0.6 mile upstream.

Falls Branch (Backwater effects from From the confluence

None

+390 Unincorporated Areas of

Mississippi River).

with Blue Spring

Perry County.

Branch to approximately 0.8 mile upstream of Missouri

Route M.

McClanahan Creek (Backwater effects From the confluence

None

+385 Unincorporated Areas of from Mississippi River).

with Christenson

Perry County.

Branch Creek to approximately 0.9 mile upstream of the confluence with

Christenson Branch

Creek.

Mississippi River................... At the Cape Girardeau

+370

+368 Town of Lithium,

County boundary.

Unincorporated Areas of Perry County.

At the Ste. Genevieve

+393

+391

County boundary.

Page 31346

Mississippi River Tributary 21

From the confluence

None

+376 Unincorporated Areas of

(Backwater effects from Mississippi with the Mississippi

Perry County.

River).

River to approximately 0.45 mile upstream of the confluence with the Mississippi River.

Mississippi River Tributary 25

From the confluence

None

+378 Unincorporated Areas of

(Backwater effects from Mississippi with the Mississippi

Perry County.

River).

River to approximately 0.8 mile upstream of the confluence with the Mississippi River.

Omete Creek (Backwater effects from From the confluence

None

+380 Unincorporated Areas of

Mississippi River).

with Cinque Hommes

Perry County.

Creek to approximately 1.0 mile upstream of

County Road 340.

Omete Creek Tributary 2 (Backwater

From the confluence

None

+380 Unincorporated Areas of effects from Mississippi River).

with Omete Creek to

Perry County. approximately 0.73 mile upstream of Omete

Creek.

Owl Creek (Backwater effects from

From the confluence

None

+373 Unincorporated Areas of

Mississippi River).

with the Mississippi

Perry County.

River to approximately 2.2 miles upstream of the confluence with the Mississippi River.

Patton Creek (Backwater effects from From the confluence

None

+369 Unincorporated Areas of

Mississippi River).

with the Mississippi

Perry County.

River to approximately 0.76 mile upstream of the confluence with the Mississippi River.

Patton Creek Tributary 1 (Backwater From the confluence

None

+370 Unincorporated Areas of effects from Mississippi River).

with the Mississippi

Perry County.

River to approximately 1.2 mile upstream of the confluence with the Mississippi River.

Saint Laurent Creek (Backwater

From the county

None

+391 Unincorporated Areas of effects from Mississippi River).

boundary to

Perry County. approximately 1.2 mile upstream to Missouri

Route H.

* 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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal

Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

ADDRESSES

Town of Lithium

Maps are available for inspection at 321 North Main Street, Suite 5, Perryville, MO 63775.

Unincorporated Areas of Perry County

Maps are available for inspection at 321 North Main Street, Suite 5, Perryville, MO 63775.

Miami County, Ohio, and Incorporated Areas

Great Miami River................... Approximately 1.0 mile

None

+854 City of Piqua. upstream of Peterson

Road.

Approximately 1.1 mile

None

+866 upstream of County

Highway 25A.

Great Miami River................... At the Montgomery

None

+791 City of Tipp City,

County boundary.

Unincorporated Areas of Miami County.

At State Highway 571...

None

+791

Hatfield Ditch...................... Approximately 750 feet

None

+914 Unincorporated Areas of upstream of Main

Miami County.

Street.

Approximately 2,000

None

+931 feet upstream of Main

Street.

Staunton Tributary.................. Approximately 1,865

None

+825 City of Troy, feet downstream of Old

Unincorporated Areas

Staunton Road.

of Miami County.

Approximately 350 feet

None

+830 downstream of

Stonyridge Avenue.

Stillwater River.................... At the Montgomery

None

+832 City of Union,

County boundary.

Unincorporated Areas of Miami County,

Village of West

Milton.

Approximately 0.8 mile

None

+832 downstream of State

Highway 55.

* National Geodetic Vertical Datum.

+ North American Vertical Datum.

Page 31347

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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal

Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

ADDRESSES

City of Piqua

Maps are available for inspection at 201 West Water Street, Piqua, OH 45356.

City of Tipp City

Maps are available for inspection at 260 South Garber Drive, Tipp City, OH 45371.

City of Troy

Maps are available for inspection at City Hall, 100 South Market Street, Troy, OH 45373.

City of Union

Maps are available for inspection at 118 North Main Street, Union, OH 45322.

Unincorporated Areas of Miami County

Maps are available for inspection at 201 West Main Street, Troy, OH 45373.

Village of West Milton

Maps are available for inspection at 701 South Miami Street, West Milton, OH 45383.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood

Insurance.'')

Dated: May 14, 2010.

Sandra K. Knight,

Deputy Federal Insurance and Mitigation Administrator, Mitigation,

Department of Homeland Security, Federal Emergency Management Agency.

FR Doc. 2010-13264 Filed 6-2-10; 8:45 am

BILLING CODE 9110-12-P

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