Proposed Flood Elevation Determinations

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

Proposed Rules

Page 29264-29268

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

DOCID:fr25my10-20

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency 44 CFR Part 67

Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-B-1112

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-1112, 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 these 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

Carter County, Kentucky, and Incorporated Areas

Barrett Creek (Backwater from Little From the confluence

None

+581 Unincorporated Areas of

Sandy River).

with the Little Sandy

Carter County.

River to approximately 0.5 mile upstream of

Eagle Drive.

Bens Run (Backwater from Tygarts

From the confluence

None

+752 Unincorporated Areas of

Creek).

with Tygarts Creek to

Carter County. approximately 0.6 mile upstream of the confluence with

Tygarts Creek.

Page 29265

Big Sinking Creek (Backwater from

From the confluence

None

+610 Unincorporated Areas of

Little Sandy River).

with the Little Sandy

Carter County.

River to approximately 0.5 mile upstream of the confluence with the Little Sandy River.

Davy Run (Backwater from Little Fork From the confluence

None

+613 Unincorporated Areas of

Little Sandy River).

with Little Fork

Carter County.

Little Sandy River to approximately 0.6 mile upstream of the confluence with Little

Fork Little Sandy

River.

Dry Branch (Backwater from Tygarts

From the confluence

None

+804 Unincorporated Areas of

Creek).

with Tygarts Creek to

Carter County. just downstream of

U.S. Route 60.

Fourmile Creek (Backwater from

From the confluence

None

+604 Unincorporated Areas of

Little Sandy River).

with the Little Sandy

Carter County.

River to approximately 400 feet upstream of

Glory Lane.

Huff Run (Backwater from Little Fork From the confluence

None

+616 Unincorporated Areas of

Little Sandy River).

with Little Fork

Carter County.

Little Sandy River to approximately 0.7 mile upstream of the confluence with Little

Fork Little Sandy

River.

Johns Run (Backwater from Little

From the confluence

None

+623 Unincorporated Areas of

Fork Little Sandy River).

with Little Fork

Carter County.

Little Sandy River to approximately 0.6 mile upstream of the confluence with Little

Fork Little Sandy

River.

Lost Creek (Backwater from Dry Fork) From the confluence

None

+632 Unincorporated Areas of with Dry Fork to

Carter County. approximately 0.5 mile downstream of Eddie

Dean Road.

Straight Creek (Backwater from

From the confluence

None

+609 Unincorporated Areas of

Little Fork Little Sandy River).

with Little Fork

Carter County.

Little Sandy River to approximately 1,750 feet downstream of

Mount Savage Lane.

Wolf Creek (Backwater from Little

From the confluence

None

+603 Unincorporated Areas of

Sandy River).

with the Little Sandy

Carter County.

River to approximately 0.6 mile upstream of the confluence with the Little Sandy 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

Unincorporated Areas of Carter County

Maps are available for inspection at 300 West Main Street, Grayson, KY 41143.

Butler County, Nebraska, and Incorporated Areas

Platte River........................ Approximately 100 feet

None

+1,309 Unincorporated Areas of downstream of the

Butler County.

Saunders County boundary.

Approximately 575 feet

None

+1,442 downstream of the Polk

County boundary.

* 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 Butler County

Maps are available for inspection at 451 North 5th Street, David City, NE 68632.

Otoe County, Nebraska, and Incorporated Areas

Missouri River...................... At easternmost tip of

+913

+914 City of Nebraska City, the Otoe County limits.

Unincorporated Areas of Otoe County.

At Nebraska Highway 2/

+930

+931

Burlington Northern

Railroad.

At Everett Lane

+940

+943 extended.

* National Geodetic Vertical Datum.

Page 29266

+ 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 Nebraska City

Maps are available for inspection at 1409 Central Avenue, Nebraska City, NE 68410.

Unincorporated Areas of Otoe County

Maps are available for inspection at the Otoe County Courthouse, 1021 Central Avenue, Nebraska City, NE 68410.

Rio Arriba County, New Mexico, and Incorporated Areas

Llano Ditch Tributary............... Just downstream of

None

+5,655 Unincorporated Areas of

McCurdy Road Northwest.

Rio Arriba County,

Pueblo of Ohkay

Owingeh.

Just upstream of

None

+5,705

Simmons Lane.

* 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

Pueblo of Ohkay Owingeh

Maps are available for inspection at the Governor's Office, 1 Kee Road, Espanola, NM 87532.

Unincorporated Areas of Rio Arriba County

Maps are available for inspection at the County Clerk's Office, 1122 Industrial Park Road, Espanola, NM 87532.

Wake County, North Carolina, and Incorporated Areas

Basin 10, Stream 13................. At the confluence with

+277

+276 Unincorporated Areas of

Basin 10, Stream 14.

Wake County.

Approximately 1,400

+277

+276 feet upstream of the confluence with Basin 10, Stream 14.

Basin 10, Stream 14................. Approximately 0.5 mile

+269

+268 Unincorporated Areas of upstream of the

Wake County. confluence with the

Little River.

At the Wake County

+306

+307 boundary.

Horse Creek Tributary 1............. At the downstream side

None

+341 Unincorporated Areas of of Keighley Forest

Wake County.

Drive.

Approximately 850 feet

None

+345 upstream of Keighley

Forest Drive.

Richland Creek...................... Approximately 850 feet

+302

+301 Town of Wake Forest. upstream of the confluence with

Richland Creek

Tributary 2.

Approximately 500 feet

+312

+315 downstream of the confluence with

Hattles Branch.

Richland Creek Tributary 2.......... Approximately 750 feet

None

+301 Town of Wake Forest. upstream of the confluence with

Richland Creek.

Approximately 0.4 mile

None

+317 upstream of the confluence with

Richland 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.

Page 29267

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 Wake Forest

Maps are available for inspection at the Planning Department, 401 Elm Street, Wake Forest, NC 27587.

Unincorporated Areas of Wake County

Maps are available for inspection at the Wake County Office Building, Environmental Services, 1st Floor, 337

Salisbury Street, Raleigh, NC 27601.

Wagoner County, Oklahoma, and Incorporated Areas

Adams Creek......................... Approximately 717 feet

None

+600 Town of Fair Oaks. downstream of the confluence with School

Creek.

Approximately 0.61 mile

None

+605 upstream of the confluence with School

Creek.

Salt Creek.......................... Approximately 0.60 mile

None

+557 Town of Fair Oaks. downstream of 305th

Avenue.

Approximately 365 feet

None

+607 upstream of 257th

Avenue.

Verdigris River..................... Approximately 245 feet

None

+516 Town of Okay. downstream of 72nd

Street.

Approximately 0.45 mile

None

+516 upstream of 72nd

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.

ADDRESSES

Town of Fair Oaks

Maps are available for inspection at the Office of the County Commissioner, 219 South Missouri Street,

Claremore, OK 74017.

Town of Okay

Maps are available for inspection at the Office of the County Commissioner, 306 East Cherokee Street, Wagoner,

OK 74107.

Erath County, Texas, and Incorporated Areas

North Bosque River.................. Just upstream of East

None

+1,265 Unincorporated Areas of

Lingleville Road.

Erath County.

Approximately 0.5 mile

None

+1,276 upstream of State

Highway 108.

* 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 Erath County

Maps are available for inspection at the Erath County Courthouse, 100 West Washington, Stephenville, TX 76401.

Limestone County, Texas, and Incorporated Areas

Salt River.......................... Just upstream of State

None

+473 Unincorporated Areas of

Highway 14.

Limestone County.

Approximately 0.66 mile

None

+483 upstream of State

Highway 14.

* National Geodetic Vertical Datum.

+ North American Vertical Datum.

Depth in feet above ground.

caret

Mean Sea Level, rounded to the nearest 0.1 meter.

Page 29268

** 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 Limestone County

Maps are available for inspection at the Limestone County Courthouse, 200 West State Street, Groesbeck, TX 76642.

(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. 2010-12490 Filed 5-24-10; 8:45 am

BILLING CODE 9110-12-P

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