Flood elevation determinations: Various States,

[Federal Register: November 3, 2006 (Volume 71, Number 213)]

[Proposed Rules]

[Page 64674-64678]

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

[DOCID:fr03no06-18]

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-B-7472]

Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency (FEMA), Department of Homeland Security, Mitigation Division.

ACTION: Proposed rule.

SUMMARY: Technical information or comments are requested on the proposed Base (1% annual chance) Flood Elevations (BFEs) and proposed BFEs modifications for the communities listed below. The 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: William R. Blanton, Jr., Engineering Management Section, Mitigation Division, 500 C Street, SW., Washington, DC 20472, (202) 646-3151.

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. 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.

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:

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:

    [[Page 64675]]

    Depth in feet above ground. * Elevation in feet (NGVD) State

    City/town/county

    Source of flooding

    Location

    + Elevation in feet (NAVD)

    Existing Modified

    Town of North Canaan, Connecticut

    Connecticut.......................... Town of North Canaan.... Blackberry River......................... Approximately 700 feet downstream of Route 44.............

    None

    +656 Approximately 1,050 feet upstream of Route 7..............

    None

    +672

    * National Geodetic Vertical Datum.

    Depth in feet above ground. + North American Vertical Datum. ADDRESSES

    Maps are available for inspection at Town Hall, 100 Pease Street, Canaan, Connecticut 06018. Send comments to Ms. Ruth Mulcahy, Zoning Enforcement Officer, Town of North Canaan, Town Hall, P.O. Box 876, Canaan, CT 06018.

    Town of Whitehall, Montana

    Montana.............................. Town of Whitehall....... Whitetail Creek.......................... Approximately 1.98 miles downstream of Highway 55.........

    None +4,333 Approximately 1.1 miles upstream of Interstate 90 West

    None +4,386 Bound.

    * National Geodetic Vertical Datum. Depth in feet above ground. + North American Vertical Datum. ADDRESSES

    Maps are available for inspection at: Town Hall, 2 North Whitehall, Whitehall, MT. Send comments to: The Honorable Terry Ross, Mayor, City of Whitehall, P.O. Box 529, Whitehall, Montana 59759.

    *Elevation in feet (NGVD) + Elevation in feet (NAVD) Flooding sources(s)

    Location of referenced Depth in feet above Communities affected elevation

    ground

    Effective Modified

    Marengo County, Alabama, and Incorporated Areas

    Falling Creek....................... Approximately 3250 feet

    None

    +150 City of Demopolis. downstream of Whitfield Canal. Approximately 500 feet

    None

    +154 downstream of Whitfield Canal. Tombigbee River..................... Demopolis Lock and Dam.

    None

    +94 City of Demopolis. Confluence with Short

    None

    +94 Creek.

    * National Geodetic Vertical Datum. Depth in feet above ground. + North American Vertical Datum. ADDRESSES City of Demopolis

    Maps are available for inspection at 211 N. Walnut Avenue, Demopolis, AL 36732. Send comments to Cecil Williamson, Mayor, City of Demopolis, 211 N. Walnut Avenue, Demopolis, AL 36732.

    Washington County, Arkansas, and Incorporated Areas

    Brush Creek......................... At intersection with

    *1303

    +1304 City of Springdale. Interstate 540. Approximately 150 feet

    *1336

    +1334 downstream of Gutensohn. Brush Creek Tributary............... Approximately 125 feet

    *1321

    +1317 City of Springdale. upstream of Force-Main Crossing. At intersection with

    *1329

    +1326 Gutensohn Road. Mud Creek........................... Approximately 50 feet

    *1182

    +1183 City of Fayetteville. upstream of Gregg Street. At intersection with

    *1196

    +1203 City of Johnson. College Avenue. West Fork White River............... Approximately 0.5 miles

    *1169

    +1173 City of Fayetteville. upstream from confluence with White River. Approximately 1500 feet

    *1172

    +1173 downstream from the intersection with Harvey Owl Road.

    * National Geodetic Vertical Datum.

    [[Page 64676]]

    Depth in feet above ground. + North American Vertical Datum. ADDRESSES City of Fayetteville

    Maps are available for inspection at 113 West Mountain, Fayetteville, AR 72701. Send comments to The Honorable Dan Coody, Mayor, City of Fayetteville, 113 West Mountain, Fayetteville, AR 72701.

    City of Johnson

    Maps are available for inspection at 2904 Main Dr., Johnson, AR 72741. Send comments to The Honorable Richard Long, Mayor, The City of Johnson, 2904 Main Dr., PO Box 563, Johnson, AR 72741.

    City of Springdale

    Maps are available for inspection at 201 North Spring Street, Springdale, AR 72764. Send comments to The Honorable Jerre Van Hoose, Mayor, City of Springdale, 201 North Spring Street, Springdale, AR 72764.

    Sutter County, California, and Incorporated Areas

    Bear River.......................... Approximately 0.9 miles

    None

    *54 Sutter County. upstream of the confluence with Feather River. At Wheatland Road......

    None

    *96 Feather River....................... At the confluence with

    None

    *40 Sutter County. Sacramento River. Approximately 1.5 miles

    None

    *72 upstream of Bogue Road. Yankee Slough....................... At the confluence with

    None

    *58 Sutter County. Bear River. Approximately 1.1 miles

    None

    *75 upstream of Brewer Road.

    * National Geodetic Vertical Datum. Depth in feet above ground. + North American Vertical Datum. ADDRESSES Sutter County

    Maps are available for inspection at the Sutter County Administrators Office, 1160 Civic Center Boulevard, Suite A, Yuba City, California 95993. Send comments to Mr. Larry Combs, Sutter County Executive Officer, 1160 Civic Center Boulevard, Suite A, Yuba City, Calfornia 95993.

    Yuba County, California, and Incorporated Areas

    Bear River.......................... At the confluence with

    None

    *53 Yuba County. Feather River. Approximately 1.0 mile

    None

    *69 upstream of the confluence of Dry Creek. Best Slough......................... At the confluence with

    None

    *61 Yuba County. Western Pacific Interceptor Channel. Approximately 1.2 miles

    None

    *61 upstream of the confluence with Western Pacific Interceptor Channel. Dry Creek........................... At the confluence with

    None

    *66 Yuba County. Bear River. Just Downstream of

    None

    *67 Highway 65. Feather River....................... Approximately 1.5 miles

    None

    *52 Yuba County. downstream of the confluence of Bear River. Approximately 0.9 miles

    None

    *72 upstream of Island Avenue. Western Pacific Interceptor Channel. At the confluence with

    None

    *60 Yuba County. Bear River. Approximately 2.7 miles

    None

    *61 upstream of the confluence of Best Slough.

    * National Geodetic Vertical Datum. Depth in feet above ground. + North American Vertical Datum. ADDRESSES Yuba County

    Maps are available for inspection at the Yuba County Government Center, Administrators Office, 915 Eighth Street, Suite 115, Marysville, CA 95901. Send comments to Mr. Robert Bendorf, Chief County Administrator, 915 Eighth Street, Suite 115, Marysville, CA 95901.

    Columbia County, Georgia, and Incorporated Areas

    Bonaire Heights Tributary........... At the confluence with

    +271

    +272 Columbia County Wynngate Tributary.

    (Unincorporated Areas). Approximately 375 feet

    +271

    +272 upstream of the confluence with Wynngate Tributary. Furys Ferry Road Tributary East..... At the confluence with

    +211

    +210 Columbia County Reed Creek.

    (Unincorporated Areas). Approximately 100 feet

    +211

    +210 upstream of the confluence with Reed Creek.

    [[Page 64677]]

    Gibbs Road Tributary................ At the confluence with

    +290

    +291 Columbia County Bettys Branch.

    (Unincorporated Areas). Approximately 130 feet

    +290

    +291 upstream of the confluence with Bettys Branch. Holiday Park Tributary.............. At the confluence with

    +300

    +301 Columbia County Reed Creek.

    (Unincorporated Areas). Approximately 1,450

    +300

    +301 feet upstream of the confluence with Reed Creek. Jones Creek......................... At the confluence with

    +192

    +193 Columbia County Savannah River.

    (Unincorporated Areas). Approximately 3,290

    +192

    +193 feet upstream of the confluence with Savannah River.

    Tributary No. 2................. At the confluence with

    +258

    +259 Columbia County Jones Creek.

    (Unincorporated Areas). Approximately 70 feet

    +258

    +259 upstream of the confluence with Jones Creek.

    Tributary No. 3................. At the confluence with

    +270

    +269 Columbia County Jones Creek.

    (Unincorporated Areas). Approximately 20 feet

    +270

    +269 upstream of the confluence with Jones Creek. Owens Road Tributary................ At the confluence with

    +321

    +322 Columbia County Holiday Park Tributary.

    (Unincorporated Areas). Approximately 210 feet

    +321

    +322 upstream of the confluence with Holiday Park Tributary. Seaboard Railroad Tributary......... At the confluence with

    +226

    +225 Columbia County Jones Creek.

    (Unincorporated Areas). Approximately 300 feet

    +226

    +227 upstream of the confluence with Jones Creek. Watery Branch Tributary............. At the confluence with

    +196

    +197 Columbia County Watery Branch.

    (Unincorporated Areas). Approximately 10 feet

    +196

    +197 upstream of the confluence with Watery Branch. Westhampton Tributary No. 1......... At the confluence with

    +248

    +249 Columbia County Bowen Pond Tributary.

    (Unincorporated Areas). Approximately 75 feet

    +248

    +249 upstream of the confluence with Bowen Pond Tributary.

    Tributary No. 2................. At the confluence with

    +259

    +258 Columbia County Bowen Pond Tributary.

    (Unincorporated Areas). Approximately 20 feet

    +259

    +258 upstream of the confluence with Bowen Pond Tributary.

    Tributary No. 3................. At the confluence with

    +270

    +269 Columbia County Bowen Pond Tributary.

    (Unincorporated Areas). Approximately 70 feet

    +270

    +269 upstream of the confluence with Bowen Pond Tributary.

    * National Geodetic Vertical Datum. Depth in feet above ground. + North American Vertical Datum 1. \1\ The existing elevation data included on the effective FIRM is printed in the elevation datum of the National Geodetic Vertical Datum of 1929 (NGVD29). In order to convert this printed elevation data from the NGVD29 datum to the NAVD88 datum, please subtract 0.68.

    ADDRESSES Columbia County, Georgia

    Maps are available for inspection at the Community Map Repository, Engineering & Environmental Services Division, P.O. Box 498, 630 Ronald Reagan Drive, Building A, Evans, GA 30809. Send comments to The Honorable Ron C. Cross, Chairman, Columbia County Board of Commissioners, P.O. Box 498, 630 Ronald Reagan Drive, Building B, Evans, GA 30809.

    Clark County, Illinois, and Incorporated Areas

    East Mill Creek Reservoir........... .......................

    None

    +560 Clark County (Unincorporated Areas). Mill Creek Lake..................... From Clarksville Road

    None

    +616 Clark County Bridge south to dam

    (Unincorporated (Mill Creek Watershed

    Areas). Structure No. 1). Lincoln Trail State Park Lake....... .......................

    None

    +547 Clark County (Unincorporated Areas).

    * National Geodetic Vertical Datum. Depth in feet above ground. + North American Vertical Datum.

    [[Page 64678]]

    ADDRESSES Clark County, Illinois (Unincorporated Areas)

    Maps are available for inspection at the Clark County Clerk's Office. Clark County Courthouse, 501 Archer Ave., Marshall, IL 62441. Send comments to The Honorable William Weaver, County Board Chairman, Clark County Courthouse, 501 Archer Ave., Marshall, IL 62441.

    Flathead County, Montana, and Incorporated Areas

    Ashley Creek........................ Just downstream of

    None

    +2920 Flathead County (Uninc. Cemetery Road.

    Areas) and City of Kalispell. Approximately 150 feet

    +2925

    +2929 downstream of Airport Road. Approximately 250 feet

    +2943

    +2942 upstream of Burlington Northern Railroad.

    * National Geodetic Vertical Datum. Depth in feet above ground. + North American Vertical Datum. ADDRESSES Unincorporated Areas Flathead County

    Maps are available for inspection at the Flathead County Library, 247 First Ave. East, Kalispell, Montana 59901 and at the Flathead County Planning and Zoning Office, 1035 First Ave. West, Kalispell, Montana 59901. Send comments to the Honorable Robert Watne, Chair, Flathead County Board of Commissioners, 800 South Main, Kalispell, Montana 59901.

    City of Kalispell

    Maps are available for inspection at the City of Kalispell Planning Department, 17 Second St. East, Suite 211, Kalispell, Montana 59901. Send comments to the Honorable Pamela Kennedy, Mayor, City of Kalispell, P.O. Box 1997, Kalispell, Montana 59903.

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

    Dated: October 27, 2006. David I. Maurstad, Director, Mitigation Division, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. E6-18572 Filed 11-2-06; 8:45 am]

    BILLING CODE 9110-12-P

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