Flood Elevation Determinations

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

Proposed Rules

Page 31368-31373

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

DOCID:fr03jn10-28

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency 44 CFR Part 67

Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-B-1117

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-1117, 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,

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

Santa Cruz County, Arizona, and Incorporated Areas

Ephraim Canyon Wash................. At the confluence with

+3806

+3810 City of Nogales.

Nogales Wash.

Approximately 1,900

+3897

+3899 feet downstream of I- 19.

Mariposa Canyon..................... At the confluence with

+3740

+3746 City of Nogales,

Nogales Wash.

Unincorporated Areas of Santa Cruz County.

Page 31369

Approximately 1.3 mile

None

+3965 upstream of SR 189.

Nogales Wash........................ Approximately 1,300

+3647

+3644 City of Nogales, feet upstream of Old

Unincorporated Areas

Tucson Road.

of Santa Cruz County.

Approximately 100 feet

+3873

+3872 upstream of West

International Street.

Potrero Creek....................... At the confluence with

+3650

+3646 City of Nogales.

Al Harrison Wash.

Approximately 0.7 mile

+3725

+3726 upstream of West

Meadow Hills Drive.

* 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 Nogales

Maps are available for inspection at 2150 North Congress Drive, Nogales, AZ 85621.

Unincorporated Areas of Santa Cruz County

Maps are available for inspection at 2150 North Congress Drive, Nogales, AZ 85621.

Boyle County, Kentucky, and Incorporated Areas

Balls Branch (Backwater effects from From the confluence

None

+875 Unincorporated Areas of

Clarks Run) Clarks Run.

with Clarks Run to

Boyle County. approximately 0.7 mile upstream of the confluence with Clarks

Run.

At approximately 1.2

None

+849 City of Danville, miles upstream of

Unincorporated Areas

Goggin Road.

of Boyle County.

At approximately 0.6

None

+965 mile downstream of

Alum Springs Cross

Pike.

Dix River Tributary 2 (Backwater

From the confluence

None

+760 Unincorporated Areas of effects from Herrington Lake)

with Herrington Lake

Boyle County.

Herrington Lake.

to approximately 1,158 feet upstream of the confluence with

Herrington Lake.

Entire shoreline.......

None

+760 Unincorporated Areas of

Boyle County.

Spears Creek........................ At approximately 0.6

None

+788 City of Danville, mile upstream of the

Unincorporated Areas confluence with

of Boyle County.

Herrington Lake.

At approximately 780

None

+919 feet upstream of the

North Danville Bypass.

* 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 Danville

Maps are available for inspection at City Hall, 455 West Main Street, Danville, KY 40422.

Unincorporated Areas of Boyle County

Maps are available for inspection at the Boyle County Courthouse, 321 West Main Street, Danville, KY 40422.

Page 31370

Logan County, Kentucky, and Incorporated Areas

Proctor Branch...................... Approximately 400 feet

None

+525 City of Russellville, upstream of Bismarck

Unincorporated Areas

Lane.

of Logan County.

Approximately 0.3 mile

None

+599 upstream of the confluence with

Proctor Branch

Tributary A.

Proctor Branch Tributary A.......... Just upstream of the

None

+585 City of Russellville. confluence with

Proctor Branch.

Approximately 1,100

None

+601 feet upstream of the confluence with

Proctor Branch.

Proctor Branch Tributary B.......... At the confluence with

None

+579 City of Russellville,

Proctor Branch.

Unincorporated Areas of Logan County.

Approximately 200 feet

None

+592 downstream of Hi-View

Drive.

Town Branch......................... Approximately 800 feet

None

+517 City of Russellville, downstream of Concord

Unincorporated Areas

Road.

of Logan County.

Just downstream of

None

+563

Newton Road.

Just upstream of West

None

+621 9th Street (U.S. Route 431).

Approximately 1,900

None

+623 feet upstream of West 9th Street (U.S. Route 431).

Town Branch Tributary D............. Approximately 350 feet

None

+607 Unincorporated Areas of upstream of the

Logan County. confluence with Town

Branch Tributary E.

Approximately 700 feet

None

+643 upstream of Warren

Road.

* National Geodetic Vertical Datum.

+thnsp;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 Russellville

Maps are available for inspection at 168 South Main Street, Russellville, KY 42276.

Unincorporated Areas of Logan County

Maps are available for inspection at 299 West 3rd Street, Russellville, KY 42276.

Woodford County, Kentucky, and Incorporated Areas

Brushy Run (Backwater effects from

From the confluence

None

+542 Unincorporated Areas of

Kentucky River).

with the Kentucky

Woodford County.

River to approximately 0.4 mile upstream of the confluence with the Kentucky River.

Bucks Run (Backwater effects from

From the confluence

None

+519 Unincorporated Areas of

Kentucky River).

with the Kentucky

Woodford County.

River to approximately 125 feet downstream of

Buck Run Road.

Clear Creek (Backwater effects from From the confluence

None

+531 Unincorporated Areas of

Kentucky River).

with the Kentucky

Woodford County.

River to approximately 2.5 miles upstream of the confluence with the Kentucky River.

Craig Creek (Backwater effects from From the confluence

None

+527 Unincorporated Areas of

Kentucky River).

with the Kentucky

Woodford County.

River to approximately 1,220 feet upstream of

Gun Club Road.

Glenns Creek (Backwater effects from From the confluence

+511

+513 Unincorporated Areas of

Kentucky River).

with the Kentucky

Woodford County.

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

Grier Creek (Backwater effects from From the confluence

None

+524 Unincorporated Areas of

Kentucky River).

with the Kentucky

Woodford County.

River to approximately 200 feet downstream of

Shryocks Ferry Road.

Kentucky River...................... Approximately 2.3 miles

+508

+514 Unincorporated Areas of downstream of Kentucky

Woodford County.

River Tributary 92.

Approximately 5.0 miles

+545

+547 upstream of Kentucky

River Tributary 5.

Page 31371

Kentucky River Tributary 5

From the confluence

None

+543 Unincorporated Areas of

(Backwater effects from Kentucky

with the Kentucky

Woodford County.

River).

River to approximately 950 feet upstream of the confluence with the Kentucky River.

Kentucky River Tributary 84

From the confluence

None

+539 Unincorporated Areas of

(Backwater effects from Kentucky

with the Kentucky

Woodford County.

River).

River to approximately 510 feet upstream of the confluence with the Kentucky River.

Kentucky River Tributary 92

From the confluence

None

+515 Unincorporated Areas of

(Backwater effects from Kentucky

with the Kentucky

Woodford County.

River).

River to approximately 1,770 feet upstream of the confluence with the Kentucky River.

Lee Branch.......................... Just upstream of

+778

+780 City of Midway,

Leestown Pike.

Unincorporated Areas of Woodford County.

At approximately 860

None

+827 feet upstream of Old

Frankfort Pike.

Lee Branch Tributary 4 (Backwater

From the confluence

None

+810 Unincorporated Areas of effects from Lee Branch).

with Lee Branch to

Woodford County. approximately 720 feet upstream of the confluence with Lee

Branch.

Lee Branch Tributary 6 (Backwater

From the confluence

None

+802 City of Midway, effects from Lee Branch).

with Lee Branch to

Unincorporated Areas approximately 1,145

of Woodford County. feet upstream of the confluence with Lee

Branch.

Lee Branch Tributary 7 (Backwater

From the confluence

None

+802 City of Midway, effects from Lee Branch).

with Lee Branch to

Unincorporated Areas approximately 351 feet

of Woodford County. upstream of Midway

College 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

City of Midway

Maps are available for inspection at City Hall, 101 East Main Street, Midway, KY 40347.

Unincorporated Areas of Woodford County

Maps are available for inspection at the Woodford County Courthouse, 103 South Main Street, Versailles, KY 40383.

Marion County, Mississippi, and Incorporated Areas

Pearl River......................... Approximately 5.5 miles

+136

+134 City of Columbia, downstream of State

Unincorporated Areas

Highway 98.

of Marion County.

Approximately 5 miles

+156

+154 upstream of State

Highway 35.

* 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 Columbia

Maps are available for inspection at 201 2nd Street, Columbia, MS 39429.

Unincorporated Areas of Marion County

Maps are available for inspection at 250 Broad Street, Columbia, MS 39429.

Yellowstone County, Montana, and Incorporated Areas

Cove Creek.......................... Approximately 200 feet

+3373

+3375 City of Billings, upstream of Rimrock

Unincorporated Areas

Road.

of Yellowstone County.

Page 31372

Approximately 270 feet

+3572

+3571 downstream of Molt

Road.

Cove Creek East Overflow............ Approximately 25 feet

None

+3370 City of Billings, upstream of Rimrock

Unincorporated Areas

Road.

of Yellowstone County.

Approximately 1,700

None

+3382 feet upstream of

Rimrock Road.

Fivemile Creek...................... Downstream of Old

None

+3085 City of Billings,

Fivemile Creek Road.

Unincorporated Areas of Yellowstone County.

Approximately 55 feet

None

+3225 downstream of

Alexander Road.

Yellowstone River................... Approximately 150 feet

None

+2728 City of Billings, upstream of

Unincorporated Areas

Musselshell Trail Road.

of Yellowstone County.

Approximately 545

+3273

+3274 upstream of U.S. Route 212 South.

* 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 Billings

Maps are available for inspection at 510 North Broadway, 4th Floor, Billings, MT 59101.

Unincorporated Areas of Yellowstone County

Maps are available for inspection at 217 North 27th Street, Billings, MT 59101.

Arlington County, Virginia

Four Mile Run....................... At the confluence with

None

+10 Arlington County. the Potomac River.

Just downstream of

None

+11

Jefferson Davis

Memorial Highway (U.S.

Route 1).

Pimmit Run (Backwater effects from

From the confluence

None

+40 Arlington County.

Potomac River).

with the Potomac River to a point located approximately 112 feet downstream of Chain

Bridge Road.

Potomac River....................... At the confluence with

None

+10 Arlington County.

Four Mile Run.

Approximately 0.39 mile

None

+41 upstream of Chain

Bridge 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

Arlington County

Maps are available for inspection at the Arlington County Government Building, 2100 Clarendon Boulevard,

Arlington, VA 22021.

Page 31373

(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. 2010-13267 Filed 6-2-10; 8:45 am

BILLING CODE 9110-12-P

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