Proposed Flood Elevation Determinations

Federal Register: May 25, 2010 (Volume 75, Number 100)

Proposed Rules

Page 29253-29258

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

DOCID:fr25my10-18

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency 44 CFR Part 67

Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-B-1097

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 23, 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-1097, 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.

Page 29254

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

State

City/town/county

Source of flooding

Location**

ground [caret] Elevation in meters (MSL)

Existing

Modified

City of Hampton, Virginia

Virginia............................. City of Hampton......... Newmarket Creek.......................... Approximately 275 feet downstream of Big Bethel Road......

+8

+9

Approximately 20 feet upstream of the confluence with

None

+22

Newmarket Creek Tributary.

City of Hampton......... Newmarket Creek Tributary................ At the confluence with Newmarket Creek....................

None

+22

Approximately 30 feet downstream of I-64..................

None

+22

* 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 Hampton

Maps are available for inspection at the Central Permits Office, 22 Lincoln Avenue, Hampton, VA 23669.

* 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

Rio Grande County, Colorado, and Incorporated Areas

Willow Creek........................ At the confluence with

None

+8,154 Unincorporated Areas of the Rio Grande,

Rio Grande County. approximately 400 feet north of U.S. Route 160.

Approximately 1.1 mile

None

+8,766 south of East Lake

Court.

* 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

Unincorporated Areas of Rio Grande County

Maps are available for inspection at 925 6th Street, Del Norte, CO 81132.

Washington County, Florida, and Incorporated Areas

Alligator Creek..................... At the upstream side of

None

+76 Unincorporated Areas of

County Road 166.

Washington County.

Page 29255

Approximately 3.2 miles

None

+81 upstream of County

Road 166.

Bear Bay Creek...................... At the confluence with

None

+44 Unincorporated Areas of

Pine Log Creek.

Washington County.

Approximately 3.9 miles

None

+76 upstream of the confluence with Pine

Log Creek.

Botheration Creek................... At the confluence with

None

+32 Unincorporated Areas of

Pine Log Creek.

Washington County.

Approximately 200 feet

None

+90 downstream of the county boundary.

Brock Mill Branch................... At the confluence with

None

+54 Unincorporated Areas of

Jones Rice Mill Branch.

Washington County.

Approximately 100 feet

None

+109 downstream of State

Road 77.

Flat Creek.......................... At the confluence with

None

+50 Unincorporated Areas of

Hard Labor Creek.

Washington County.

Approximately 9.7 miles

None

+160 upstream of the confluence with Hard

Labor Creek.

Hard Labor Creek.................... At State Road 277......

None

+43 Unincorporated Areas of

Washington County.

Approximately 15.6

None

+114 miles upstream of the confluence with Holmes

Creek.

Helms Branch........................ At the confluence with

None

+78 City of Chipley,

Alligator Creek.

Unincorporated Areas of Washington County.

Approximately 3.2 miles

None

+89 upstream of the confluence with

Alligator Creek.

Johnson Branch...................... At Roche Avenue........

None

+37 City of Vernon,

Unincorporated Areas of Washington County.

Approximately 3.8 miles

None

+101 upstream of the confluence with Holmes

Creek.

Jones Rice Mill Branch.............. At the upstream side of

None

+54 Unincorporated Areas of

State Road 277.

Washington County.

Approximately 5.9 miles

None

+146 upstream of the confluence with Holmes

Creek.

Pine Log Creek...................... Approximately 1.9 mile

None

+21 Town of Ebro, upstream of the

Unincorporated Areas confluence with the

of Washington County.

East River.

At the confluence with

None

+44

Bear Bay Creek.

Piney Branch........................ At State Road 77.......

None

+40 Unincorporated Areas of

Washington County.

Approximately 6.6 miles

None

+193 upstream of the confluence with Holmes

Creek.

Pippen Mill Creek................... At Roche Avenue........

None

+37 City of Vernon,

Unincorporated Areas of Washington County.

Approximately 5.4 miles

None

+95 upstream of the confluence with Holmes

Creek.

Reedy Creek......................... At the confluence with

None

+59 Town of Wausau,

Hard Labor Creek.

Unincorporated Areas of Washington County.

Approximately 3.8 miles

None

+105 upstream of the confluence with Hard

Labor Creek.

Unnamed Tributary 1 to Alligator

Approximately 765 feet

None

+68 Unincorporated Areas of

Creek.

upstream of State Road

Washington County. 277.

Approximately 1.4 mile

None

+121 upstream of State Road 277.

Unnamed Tributary 2 to Alligator

Approximately 0.4 mile

None

+72 City of Chipley,

Creek.

upstream of the

Unincorporated Areas confluence with

of Washington County.

Alligator Creek.

Approximately 2.2 miles

None

+111 upstream of the confluence with

Alligator Creek.

Unnamed Tributary 3 to Alligator

At the confluence with

None

+76 City of Chipley,

Creek.

Alligator Creek.

Unincorporated Areas of Washington County.

Approximately 2 miles

None

+102 upstream of the confluence with

Alligator Creek.

Page 29256

Unnamed Tributary to Helms Branch... Approximately 300 feet

None

+117 City of Chipley, downstream of

Unincorporated Areas

Brickyard Road.

of Washington County.

Approximately 0.6 mile

None

+131 upstream of Brickyard

Road.

Unnamed Tributary to Holmes Creek... Approximately 0.4 mile

None

+36 City of Vernon, upstream of the

Unincorporated Areas confluence with Holmes

of Washington County.

Creek.

Approximately 2.2 miles

None

+52 upstream of the confluence with Holmes

Creek.

Unnamed Tributary to Holmes Creek

At the confluence with

None

+42 City of Vernon,

East Branch.

Unnamed Tributary to

Unincorporated Areas

Holmes Creek.

of Washington County.

Approximately 1.3 mile

None

+55 upstream of the confluence with

Unnamed Tributary to

Holmes 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 Chipley

Maps are available for inspection at City Hall, 1442 Jackson Avenue, Chipley, FL 32428.

City of Vernon

Maps are available for inspection at 2808 Yellow Jacket Drive, Vernon, FL 32462.

Town of Ebro

Maps are available for inspection at the Town Hall, 6629 Dog Track Road, Ebro, FL 32437.

Town of Wausau

Maps are available for inspection at the Town Hall, 1607 2nd Avenue, Wausau, FL 32463.

Unincorporated Areas of Washington County

Maps are available for inspection at the Washington County Clerk's Office, 1293 Jackson Avenue, Chipley, FL 32428.

Butler County, Iowa, and Incorporated Areas

Beaver Creek........................ Approximately 1,800

None

+896 Unincorporated Areas of feet downstream of

Butler County.

Utica Avenue.

Approximately 1.2 mile

None

+901 upstream of Utica

Avenue.

Shell Rock River.................... Approximately 1.1 mile

None

+899 Unincorporated Areas of downstream of Cherry

Butler County.

Street.

Approximately 0.9 mile

None

+909 upstream of the dam.

Shell Rock River.................... On the downstream side

None

+923 Unincorporated Areas of of Iowa Northern

Butler County.

Railway.

Approximately 1,000

None

+931 feet upstream of

Chicago and North

Western Railroad.

Shell Rock River.................... Approximately 0.7 mile

None

+955 Unincorporated Areas of downstream of Traer

Butler County.

Street.

Approximately 700 feet

None

+960 upstream of State

Highway 14.

Shell Rock River Overflow Channel 2. Approximately 900 feet

None

+955 Unincorporated Areas of downstream of Main

Butler County.

Street.

Approximately 400 feet

None

+958 upstream of Main

Street.

* 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.

Page 29257

ADDRESSES

Unincorporated Areas of Butler County

Maps are available for inspection at the Butler County Courthouse, 428 6th Street, Allison, IA 50602.

Chesterfield County, Virginia, and Incorporated Areas

Appomattox River.................... Approximately 0.9 mile

None

*9 Unincorporated Areas of upstream of the

Chesterfield County. confluence with Swift

Creek.

At the Chesterfield

None

*20

County/City of

Colonial Heights/City of Petersburg boundary.

Blackman Creek...................... At the confluence with

None

*197 Unincorporated Areas of

Deep Creek and

Chesterfield County.

Horsepen Creek.

Approximately 3.7 miles

None

*287 upstream of Otterdale

Road (SR-667).

Crooked Branch...................... On the upstream side of

*127

*131 Unincorporated Areas of

State Highway 288.

Chesterfield County.

At the upstream side of

*147

*148

Centralia Road (SR- 145).

Deep Creek.......................... At the confluence with

None

*182 Unincorporated Areas of the Swift Creek

Chesterfield County.

Reservoir.

At the confluence with

None

*197

Blackman Creek and

Horsepen Creek.

Fuqua Branch........................ At the confluence with

None

*185 Unincorporated Areas of

Dry Creek.

Chesterfield County.

Approximately 2.2 miles

None

*261 upstream of the

Ashbrook Lake Dam.

Great Branch........................ Approximately 500 feet

*102

*103 Unincorporated Areas of upstream of Hamlin

Chesterfield County.

Creek Parkway.

Approximately 250 feet

*139

*141 downstream of Chalkley

Road.

Great Branch Tributary.............. At the confluence with

*126

*129 Unincorporated Areas of

Great Branch.

Chesterfield County.

Approximately 1,000

*127

*129 feet downstream of

Ecoff Avenue.

Horsepen Creek...................... At the confluence with

None

*197 Unincorporated Areas of

Blackman Creek and

Chesterfield County.

Deep Creek.

Approximately 3.0 miles

None

*257 upstream of the confluence with

Blackman Creek and

Deep Creek.

Johnsons Creek...................... Approximately 800 feet

*18

*19 Unincorporated Areas of downstream of Spruce

Chesterfield County.

Avenue.

Approximately 0.8 mile

None

*128 upstream of Old

Bermuda Hundred Road.

Johnsons Creek Tributary............ Approximately 320 feet

None

*57 Unincorporated Areas of upstream of East

Chesterfield County.

Hundred Road (SR-10).

Approximately 100 feet

None

*63 upstream of Bermuda

Hundred Road.

Lake Chesdin........................ Entire shoreline in

None

*163 Unincorporated Areas of

Chesterfield County.

Chesterfield County.

Little Tomahawk Creek............... At the confluence with

*183

*184 Unincorporated Areas of the Swift Creek

Chesterfield County.

Reservoir.

Approximately 1,800

*183

*184 feet upstream of the confluence with the

Swift Creek Reservoir.

Proctors Creek...................... On the upstream side of

*25

*27 Unincorporated Areas of the railroad.

Chesterfield County.

Approximately 850 feet

*136

*137 upstream of the confluence with

Tributary 2 to

Proctors Creek.

Swift Creek......................... At Woolridge Road (SR-

None

*182 Unincorporated Areas of 668).

Chesterfield County.

At the Powhatan County

None

*227 boundary.

Swift Creek Reservoir............... Between Swift Creek

None

*182 Unincorporated Areas of

Reservoir Dam and

Chesterfield County.

Woolridge Road (SR- 668).

Between Genito Road and

None

*184 the confluence with

Little Tomahawk Creek and Tomahawk Creek.

Tomahawk Creek...................... At the confluence with

*183

*184 Unincorporated Areas of the Swift Creek

Chesterfield County.

Reservoir.

Approximately 1,500

*183

*184 feet upstream of the confluence with the

Swift Creek Reservoir.

Turkey Creek........................ At the confluence with

None

*194 Unincorporated Areas of

Swift Creek.

Chesterfield County.

Page 29258

Approximately 1.7 miles

None

*258 upstream of Mount

Herman Road (SR-606).

Winterpock Creek.................... At the confluence with

None

*163 Unincorporated Areas of

Lake Chesdin.

Chesterfield County.

Approximately 450 feet

None

*241 upstream of Beach Road

(SR-655).

* 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

Unincorporated Areas of Chesterfield County

Maps are available for inspection at 9800 Government Center Parkway, Chesterfield, VA 23832.

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

Insurance.'')

Dated: May 5, 2010.

Sandra K. Knight,

Deputy Federal Insurance and Mitigation Administrator, Mitigation,

Department of Homeland Security, Federal Emergency Management Agency.

FR Doc. 2010-12481 Filed 5-24-10; 8:45 am

BILLING CODE 9110-12-P

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