Proposed Flood Elevation Determinations
Federal Register: May 21, 2010 (Volume 75, Number 98)
Proposed Rules
Page 28511-28516
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DOCID:fr21my10-19
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency 44 CFR Part 67
Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-B-1095
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 August 19, 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-1095, 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
Page 28512
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
Muhlenberg County, Kentucky, and Incorporated Areas
Brier Creek (Backwater effects from From the confluence
None
+389 Unincorporated Areas of
Green River).
with the Pond River to
Muhlenberg County. approximately 1,390 feet downstream of
Phillips Town Road.
Caney Creek......................... Approximately 0.5 mile
None
+413 City of Greenville, upstream of North Main
Unincorporated Areas
Street.
of Muhlenberg County.
At the confluence with
None
+423
Caney Creek Tributary 27.
Caney Creek Tributary 27.1
From the confluence
None
+424 City of Greenville,
(Backwater effects from Caney
with Caney Creek to
Unincorporated Areas
Creek).
approximately 0.7 mile
of Muhlenberg County. upstream of the confluence with Caney
Creek.
Caney Creek Tributary 31 (Backwater From the confluence
None
+413 Unincorporated Areas of effects from Caney Creek).
with Caney Creek to
Muhlenberg County. approximately 0.6 mile upstream of the confluence with Caney
Creek.
Canfield Branch (Backwater effects
From the confluence
None
+404 Unincorporated Areas of from Green River).
with the Mud River to
Muhlenberg County. approximately 340 feet upstream of Forest Oak
Church Road.
Cypress Creek (Backwater effects
From approximately 0.6
None
+393 Unincorporated Areas of from Green River).
mile downstream of KY-
Muhlenberg County. 175 to approximately 0.7 mile upstream of
KY-81.
Cypress Creek Tributary 1 (Backwater From the confluence
None
+393 Unincorporated Areas of effects from Green River).
with Cypress Creek to
Muhlenberg County. approximately 0.8 mile upstream of Coffman
Schoolhouse Road.
Green River......................... Approximately 2.6 miles
+394
+393 Unincorporated Areas of upstream of CSX
Muhlenberg County.
Railroad.
At the confluence with
+403
+404 the Mud River.
Irwin Creek (Backwater effects from From the confluence
None
+389 Unincorporated Areas of
Green River).
with Isaacs Creek to
Muhlenberg County. approximately 2,000 feet upstream of the confluence with Isaacs
Creek.
Isaacs Creek (Backwater effects from From the confluence
None
+389 Unincorporated Areas of
Green River).
with the Green River
Muhlenberg County. to approximately 1,035 feet upstream of the confluence with Irwin
Creek.
Jacobs Creek (Backwater effects from From the confluence
None
+402 Unincorporated Areas of
Green River).
with the Green River
Muhlenberg County. to approximately 2.0 miles upstream of
Riverside Road.
Jacobs Creek Tributary 7 (Backwater From the confluence
None
+402 Unincorporated Areas of effects from Green River).
with Jacobs Creek to
Muhlenberg County. approximately 370 feet upstream of Riverside
Road.
Little Cypress Creek................ Approximately 190 feet
None
+405 City of Central City, upstream of West
Unincorporated Areas
Whitmer Street.
of Muhlenberg County.
Just upstream of Front
None
+408
Street.
Little Cypress Creek Tributary 16
From the confluence
None
+405 City of Central City,
(Backwater effects from Little
with Little Cypress
Unincorporated Areas
Cypress Creek).
Creek to approximately
of Muhlenberg County. 2,507 feet upstream of the confluence with
Little Cypress Creek.
Page 28513
Little Cypress Creek Tributary 8
From the confluence
None
+422 Unincorporated Areas of
(Backwater effects from Little
with Little Cypress
Muhlenberg County.
Cypress Creek).
Creek to approximately 1,100 feet upstream of the confluence with
Little Cypress Creek.
Log Creek (Backwater effects from
From the confluence
None
+389 Unincorporated Areas of
Green River).
with the Pond River to
Muhlenberg County. approximately 3,900 feet upstream of
Millport Sacramento
Road.
Mud River (Backwater effects from
From the confluence
None
+404 Unincorporated Areas of
Green River).
with the Green River
Muhlenberg County. to approximately 535 feet upstream of the confluence with
Canfield Branch.
Muddy Fork (Backwater effects from
From the confluence
None
+393 Unincorporated Areas of
Green River).
with Cypress Creek to
Muhlenberg County. approximately 0.8 mile upstream of the confluence with
Cypress Creek.
Nelson Creek (Backwater effects from From the confluence
None
+398 Unincorporated Areas of
Green River).
with the Green River
Muhlenberg County. to approximately 0.4 mile upstream of Green
River Haul Road.
Opossum Run (Backwater effects from From the confluence
None
+430 Unincorporated Areas of
Sandlick Creek).
with Sandlick Creek to
Muhlenberg County. approximately 1,175 feet upstream of
Opossum Lane.
Plum Creek (Backwater effects from
From the confluence
None
+401 City of Drakesboro,
Green River).
with Pond Creek to
Unincorporated Areas approximately 300 feet
of Muhlenberg County. downstream of the confluence with Plum
Creek Tributary 4.
Plum Creek Tributary 5 (Backwater
From the confluence
None
+401 Unincorporated Areas of effects from Green River).
with Plum Creek to
Muhlenberg County. approximately 0.65 mile upstream of the confluence with Plum
Creek.
Pond Creek (Backwater effects from
From the confluence
None
+401 Unincorporated Areas of
Green River).
with the Green River
Muhlenberg County. to approximately 1,280 feet upstream of I-431.
Pond Creek (Backwater effects from
From the confluence
+422
+421 Unincorporated Areas of
Sandlick Creek).
with Sandlick Creek to
Muhlenberg County. just downstream of
Johnson Road.
Pond Creek Tributary 29 (Backwater
From the confluence
None
+401 Unincorporated Areas of effects from Green River).
with Pond Creek to
Muhlenberg County. approximately 1,000 feet upstream of KY- 2107.
Pond Creek Tributary 30 (Backwater
From the confluence
None
+401 Unincorporated Areas of effects from Green River).
with Pond Creek to
Muhlenberg County. approximately 1.4 mile upstream of the confluence with Pond
Creek.
Pond River (Backwater effects from
From the confluence
None
+389 Unincorporated Areas of
Green River).
with the Green River
Muhlenberg County. to approximately 1.0 mile upstream of KY-70.
Sandlick Creek Tributary 2
From the confluence
None
+449 Unincorporated Areas of
(Backwater effects from Sandlick
with Sandlick Creek to
Muhlenberg County.
Creek).
approximately 1,600 feet upstream of the confluence with
Sandlick Creek.
* 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 Central City
Maps are available for inspection at City Hall, 214 North 1st Street, Central City, KY 42330.
City of Drakesboro
Maps are available for inspection at City Hall, 212 West Mose Rager Boulevard, Drakesboro, KY 42337.
City of Greenville
Maps are available for inspection at City Hall, 118 Court Street, Greenville, KY 42345.
Ohio County, Kentucky, and Incorporated Areas
Adams Fork Tributary 22 (Backwater
From the confluence
None
+417 Unincorporated Areas of effects from Rough River).
with Adams Fork to
Ohio County. approximately 785 feet upstream of Cross Hill
Road.
Bartnett Creek (Backwater effects
From the confluence
None
+392 Unincorporated Areas of from Green River).
with the Rough River
Ohio County. to approximately 0.7 mile upstream of the confluence with North
Fork Bartnett Creek.
Bull Run (Backwater effects from
From the confluence
None
+405 Unincorporated Areas of
Green River).
with Thoroughfare
Ohio County.
Stream to approximately 0.61 mile downstream of
Cool Springs Road.
Page 28514
Caney Creek (Backwater effects from From the confluence
None
+425 Unincorporated Areas of
Rough River).
with the Rough River
Ohio County. to approximately 1,700 feet downstream of KY- 878.
East Fork Williams Creek (Backwater From the confluence
None
+399 Unincorporated Areas of effects from Green River).
with Williams Creek to
Ohio County. approximately 0.94 mile upstream of the confluence with
Williams Creek.
Green River......................... At Western Kentucky
+400
+401 Town of Rockport,
Parkway.
Unincorporated Areas of Ohio County.
Approximately 3.2 miles
+414
+412 upstream of the confluence with Green
River Tributary 5.
Huff Creek (Backwater effects from
From the confluence
None
+425 Unincorporated Areas of
Rough River).
with the Rough River
Ohio County. to approximately 0.9 mile upstream of
Abandoned Illinois
Central Railroad.
Huff Creek Tributary 5 (Backwater
From the confluence
None
+425 Unincorporated Areas of effects from Rough River).
with Huff Creek to
Ohio County. approximately 1,380 feet upstream of the confluence with Huff
Creek.
Lewis Creek (Backwater effects from From the confluence
None
+400 Unincorporated Areas of
Green River).
with the Green River
Ohio County. to approximately 1,015 feet downstream of KY- 1245.
Mill Creek 1 (Backwater effects from From the confluence
None
+399 Unincorporated Areas of
Rough River).
with the Rough River
Ohio County. to approximately 700 feet upstream of KY-69.
Morrison Run (Backwater effects from From the confluence
None
+399 Unincorporated Areas of
Rough River).
with the Rough River
Ohio County. to approximately 140 feet upstream of Utley
Drive.
Muddy Creek (Backwater effects from From the confluence
None
+394 Unincorporated Areas of
Green River).
with the Rough River
Ohio County. to approximately 460 feet upstream of North
Main Street.
No Creek (Backwater effects from
From the confluence
None
+392 Unincorporated Areas of
Green River).
with the Rough River
Ohio County. to approximately 1,815 feet upstream of KY- 136.
North Fork Bartnett Creek (Backwater From the confluence
None
+392 City of Hartford, effects from Green River).
with Bartnett Creek to
Unincorporated Areas approximately 0.65
of Ohio County. foot upstream of the confluence with
Bartnett Creek.
North Fork Muddy Creek (Backwater
From the confluence
None
+394 City of Hartford, effects from Green River).
with Muddy Creek to
Unincorporated Areas approximately 1.7 mile
of Ohio County. upstream of the confluence with Muddy
Creek.
Pond Run 1 (Backwater effects from
From the confluence
None
+402 Unincorporated Areas of
Green River).
with the Green River
Ohio County. to just upstream of
Ken Mine Road.
Pond Run (Backwater effects from
From the confluence
None
+440 Unincorporated Areas of
Rough River).
with the Rough River
Ohio County. to approximately 1.4 mile upstream of the confluence with the
Rough River.
Render Creek (Backwater effects from From the confluence
None
+400 Unincorporated Areas of
Green River).
with Lewis Creek to
Ohio County. approximately 0.8 mile upstream of the confluence with Lewis
Creek.
Slaty Creek (Backwater effects from From the confluence
None
+411 Unincorporated Areas of
Green River).
with Thoroughfare
Ohio County.
Stream to approximately 2,520 feet downstream of
Barnes Road.
Slovers Creek (Backwater effects
From the confluence
None
+408 Unincorporated Areas of from Rough River).
with the Rough River
Ohio County. to approximately 666 feet downstream of KY- 1414.
Slovers Creek Tributary 4 (Backwater From the confluence
None
+409 Unincorporated Areas of effects from Rough River).
with Slovers Creek to
Ohio County. approximately 0.7 mile upstream of the confluence with
Slovers Creek.
Southards Creek (Backwater effects
From the confluence
None
+400 Unincorporated Areas of from Green River).
with Lewis Creek to
Ohio County. approximately 2,150 feet upstream of U.S.
Route 62.
Spur Creek (Backwater effects from
From the confluence
None
+403 Unincorporated Areas of
Green River).
with the Green River
Ohio County. to approximately 3.5 miles upstream of the confluence with the
Green River.
Thoroughfare Stream Tributary 2
From the confluence
None
+405 Unincorporated Areas of
(Backwater effects from Green
with Thoroughfare
Ohio County.
River).
Stream to approximately 402 feet downstream of
Schultztown Road.
Walton Creek (Backwater effects from From the confluence
None
+392 Unincorporated Areas of
Green River).
with the Rough River
Ohio County. to approximately 1.7 mile upstream of the confluence with the
Rough River.
West Fork Lewis Creek (Backwater
From the confluence
None
+400 Unincorporated Areas of effects from Green River).
with Lewis Creek to
Ohio County. approximately 900 feet downstream of Rockport
Ceralvo Road.
West Fork Lewis Creek Tributary 5
From the confluence
None
+3400 Unincorporated Areas of
(Backwater effects from Green
with West Fork Lewis
Ohio County.
River).
Creek to approximately 1,660 feet upstream of
KY-85.
Williams Creek (Backwater effects
From the confluence
None
+399 Unincorporated Areas of from Green River).
with the Green River
Ohio County. to approximately 1,170 feet upstream of KY-69.
Page 28515
Wolfpen Run (Backwater effects from From the confluence
None
+413 Unincorporated Areas of
Rough River).
with the Rough River
Ohio County. to approximately 1.3 mile upstream of the confluence with the
Rough River.
* 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 Hartford
Maps are available for inspection at City Hall, 116 East Washington Street, Hartford, KY 42347.
Town of Rockport
Maps are available for inspection at the Town Hall, 9133 West U.S. Route 62, Rockport, KY 42369.
Unincorporated Areas of Ohio County
Maps are available for inspection at the Ohio County Courthouse, 301 South Main Street, Hartford, KY 42347.
Shiawassee County, Michigan (All Jurisdictions)
Holly Drain......................... Approximately 1,470
None
+764 Village of Vernon. feet upstream of Maple
Street.
Approximately 1,500
None
+764 feet upstream of Maple
Street.
Shiawassee River.................... Approximately 5,780
None
+741 Charter Township of feet upstream of North
Caledonia, Township of
Shiawassee Street.
Vernon, Village of
Vernon.
Approximately 520 feet
None
+762 upstream of Washington
Avenue.
* 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
Charter Township of Caledonia
Maps are available for inspection at the Caledonia Township Hall, 135 North State Street, Owosso, MI 48867.
Township of Vernon
Maps are available for inspection at the Vernon Township Hall, 6801 South Durand Road, Durand, MI 48429.
Village of Vernon
Maps are available for inspection at the Vernon Village Hall, 120 Main Street, Vernon, MI 48476.
Hancock County, Ohio, and Incorporated Areas
Blanchard River..................... Approximately 1,300
+773
+772 Unincorporated Areas of feet upstream of
Hancock County.
County Highway 140.
Approximately 2,000
+785
+786 feet downstream of
Township Road 241.
Eagle Creek......................... Approximately 0.53 mile
+785
+783 Unincorporated Areas of downstream of Township
Hancock County.
Road 204.
Approximately 1,100
+798
+797 feet downstream of
Township Road 49.
Lye Creek........................... Approximately 0.61 mile
+780
+779 Unincorporated Areas of downstream of County
Hancock County.
Highway 180.
Just downstream of
+784
+781
County Highway 180.
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
Page 28516
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
Unincorporated Areas of Hancock County
Maps are available for inspection at 300 South Main Street, Findlay, OH 45840.
Manitowoc County, Wisconsin, and Incorporated Areas
Centerville Creek................... Approximately 0.25 mile
None
+682 Village of Cleveland. downstream of the bridge at West
Washington Avenue.
Approximately 380 feet
None
+688 downstream of the bridge at West
Washington Avenue.
Little Manitowoc River.............. Approximately 0.47 mile
None
+626 City of Manitowoc. downstream of the bridge at Goodwin Road.
At the bridge at
None
+643
Goodwin Road.
Sheboygan River..................... At the bridge at State
None
+882 City of Kiel.
Highway 67/32.
Approximately 0.25 mile
None
+884 upstream of the bridge at State Highway 67/32.
* 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 Kiel
Maps are available for inspection at 621 6th Street, Kiel, WI 53042.
City of Manitowoc
Maps are available for inspection at 900 Quay Street, Manitowoc, WI 54220.
Village of Cleveland
Maps are available for inspection at 1150 West Washington Street, Cleveland, WI 53015.
(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')
Dated: May 11, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation,
Department of Homeland Security, Federal Emergency Management Agency.
FR Doc. 2010-12204 Filed 5-20-10; 8:45 am
BILLING CODE 9110-12-P
