Proposed Flood Elevation Determinations
Federal Register: September 17, 2008 (Volume 73, Number 181)
Proposed Rules
Page 53809-53814
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DOCID:fr17se08-44
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency 44 CFR Part 67
Docket No. FEMA-B-1004
Proposed Flood Elevation Determinations
AGENCY: Federal Emergency Management Agency, DHS.
ACTION: Proposed rule.
SUMMARY: Comments are requested on the proposed Base (1 percent 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 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 December 16, 2008.
ADDRESSES: The corresponding preliminary Flood Insurance Rate Map
(FIRM) for the proposed BFEs for each community are 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-1004, to
William R. Blanton, Jr., Chief, Engineering Management Branch,
Mitigation Directorate, Federal Emergency Management Agency, 500 C
Street SW., Washington, DC 20472, (202) 646-3151, or (e-mail) bill.blanton@dhs.gov.
FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Chief,
Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street SW., Washington, DC 20472,
(202) 646-3151 or (e-mail) bill.blanton@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 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.
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.
Administrative Procedure Act Statement. This matter is not a rulemaking governed by the Administrative Procedure Act (APA), 5 U.S.C. 553. FEMA publishes flood elevation determinations for notice and comment; however, they are governed by the Flood Disaster Protection
Act of 1973, 42 U.S.C. 4105, and the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq., and do not fall under the APA.
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.
Page 53810
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)
Flooding source(s)
Location of referenced
Depth in feet above
Communities affected elevation**
ground
Effective
Modified
Orange County, California, and Incorporated Areas
Aliso Creek......................... At confluence with
+2
+14 City of Laguna Beach,
Pacific Ocean.
Unincorporated Areas of Orange County.
Approximately 1.09
+40
+41 miles upstream of confluence with
Pacific Ocean.
Bluebird Canyon..................... At confluence with
None
+17 City of Laguna Beach.
Pacific Ocean.
Approximately 0.55 mile
+125
+124 upstream of confluence with Pacific Ocean.
Canyon Acres Wash................... Approximately 70 feet
None
+81 City of Laguna Beach. upstream of confluence with Laguna Canyon.
Approximately 1,460
None
+185 feet upstream of
Lewellyn Drive.
Laguna Canyon....................... At confluence with
None
+15 City of Laguna Beach,
Pacific Ocean.
Unincorporated Areas of Orange County.
Approximately 0.72 mile
+343
+344 upstream of upstream most State Highway 73 crossing.
¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
** 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
City of Laguna Beach
Maps are available for inspection at Laguna Beach City Hall, 505 Forest Avenue, Laguna Beach, CA.
Unincorporated Areas of Orange County
Maps are available for inspection at Orange County Public Works Department, 300 North Flower Street, Santa Ana,
CA.
¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤
Calcasieu Parish, Louisiana, and Incorporated Areas
Base Flood Elevation
+5-14
+6-17 Unincorporated areas of changes ranging from 6
Calcasieu Parish, City to 17 feet in the form
of Sulphur, City of of Coastal.
Lake Charles, City of
Westlake.
Gulf of Mexico...................... AE/VE zones have been
........... ........... ....................... made.
Intersection with U.S.
+7
+5
Highway 90.
Bayou Choupique..................... Intersection with
+9
+6 Unincorporated areas of
Southern Pacific
Calcasieu Parish.
Railroad line.
¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
** 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
City of Westlake
Maps are available for inspection at 1001 Mullberry Street, Westlake, LA 70669.
Unincorporated Areas of Calasieu Parish
Maps are available for inspection at 1015 Pithon Street, Lake Charles, LA 70602.
City of Sulphur
Page 53811
Maps are available for inspection at 500 North Huntington Street, Sulphur, LA 70664.
City of Lake Charles
Maps are available for inspection at 326 Pujo Street, Lake Charles, LA 70602.
Alleghany County, North Carolina, and Incorporated Areas
Bledsoe Creek....................... At the confluence with
None
+2752 Alleghany County, Town
Little River.
of Sparta.
Approximately 920 feet
None
+2919 upstream of Green
Needles Lane.
Bledsoe Creek Tributary 1........... At the confluence with
None
+2759 Town of Sparta.
Bledsoe Creek.
Approximately 110 feet
None
+2896 upstream of Cherry
Street.
Brush Creek......................... At the confluence with
None
+2443 Alleghany County.
Little River.
Approximately 1.6 miles
None
+2522 upstream of Fox Ridge
Road.
Crab Creek.......................... At the confluence with
None
+2337 Alleghany County.
Little River.
Approximately 0.6 mile
None
+2366 upstream of the confluence with Little
River.
Cranberry Creek..................... At the Alleghany/Ashe
None
+2739 Alleghany County.
County boundary.
Approximately 850 feet
None
+2743 upstream of the
Alleghany/Ashe County boundary.
Glade Creek......................... At the confluence with
None
+2499 Alleghany County.
Little River.
Approximately 1.4 miles
None
+2529 upstream of the confluence of Glade
Creek Tributary 2.
Glade Creek Tributary 1............. At the confluence with
None
+2501 Alleghany County.
Glade Creek.
Approximately 0.4 mile
None
+2565 upstream of Fox Den
Lane.
Glade Creek Tributary 2............. At the confluence with
None
+2509 Alleghany County.
Glade Creek.
Approximately 0.8 mile
None
+2579 upstream of the confluence with Glade
Creek.
Little River........................ Approximately 1,100
None
+2333 Alleghany County, Town feet downstream of the
of Sparta. confluence of Crab
Creek.
Approximately 1.0 mile
None
+2851 upstream of the confluence of Little
River Tributary 2.
Little River Tributary 1............ At the confluence with
None
+2587 Alleghany County.
Little River.
Approximately 1,950
None
+2660 feet upstream of the confluence with Little
River.
Little River Tributary 2............ At the confluence with
None
+2829 Alleghany County, Town
Little River.
of Sparta.
Approximately 0.7 mile
None
+2905 upstream of the confluence with Little
River.
Moccasin Creek...................... At the confluence with
None
+2431 Alleghany County.
Little River.
Approximately 0.6 mile
None
+2480 upstream of the confluence with Little
River.
New River........................... Approximately 0.4 mile
None
+2318 Alleghany County. downstream of the confluence with New
River Tributary 1.
At the confluence of
None
+2487
South Fork New River and North Fork New
River.
New River Tributary 1............... Approximately 200 feet
None
+2319 Alleghany County. upstream of the confluence with New
River.
Approximately 0.7 mile
None
+2364 upstream of the confluence with New
River.
New River Tributary 2............... At the confluence with
None
+2339 Alleghany County.
New River.
Approximately 1,720
None
+2390 feet upstream of
Riverwood Lane.
Pine Swamp Creek.................... At the confluence with
None
+2803 Alleghany County.
Little River.
Approximately 0.7 mile
None
+2818 upstream of Grandview
Drive (State Road 1172).
South Fork New River................ At the confluence with
None
+2487 Alleghany County.
New River.
Approximately 1.4 miles
None
+2526 upstream of the confluence of South
Fork New River
Tributary 2.
South Fork New River Tributary 1.... At the confluence with
None
+2509 Alleghany County.
South Fork New River.
Approximately 0.5 mile
None
+2535 upstream of the confluence with South
Fork New River.
South Fork New River Tributary 2.... At the confluence with
None
+2516 Alleghany County.
South Fork New River.
Approximately 0.7 mile
None
+2572 upstream of the confluence with South
Fork New River.
Vile Creek.......................... At the confluence with
None
+2674 Alleghany County, Town
Little River.
of Sparta.
Page 53812
Approximately 1,660
None
+2759 feet upstream of NC
Highway 18.
Vile Creek Tributary 1.............. At the confluence with
None
+2695 Alleghany County, Town
Vile Creek.
of Sparta.
Approximately 0.4 mile
None
+2751 upstream of the confluence with Vile
Creek.
¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
** 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
Alleghany County
Maps are available for inspection at Alleghany County Planning Department, County Administration Building, 348
South Main Street, Sparta, NC.
Town of Sparta
Maps are available for inspection at Sparta Town Hall, 304 South Main Street, Sparta, NC.
¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤
Watauga County, North Carolina, and Incorporated Areas
Boone Creek......................... At the confluence with
+3120
+3122 Town of Boone.
Winkler Creek.
Approximately 350 feet
None
+3311 upstream of West King
Street.
Cobb Creek.......................... At the confluence with
None
+3169 Unincorporated Areas of
Meat Camp Creek.
Watauga County.
Approximately 1,540
None
+3307 feet upstream of Cobbs
Creek Road (State Road 1325).
Elk Creek........................... Approximately 100 feet
None
+1349 Unincorporated Areas of downstream of the
Watauga County.
Watauga/Wilkes County boundary.
Approximately 1.1 miles
None
+2135 upstream of Jakes
Mountain Road.
Elk Creek (into South Fork River)... Approximately 50 feet
None
+2955 Unincorporated Areas of upstream of Big Hill
Watauga County.
Road (State Road 1350).
Approximately 250 feet
None
+2982 upstream of State Road 194.
Flannery Fork....................... At the confluence with
None
+3253 Unincorporated Areas of
Winkler Creek.
Watauga County, Town of Boone.
Approximately 430 feet
None
+3469 upstream of Sky Ranch
Road.
Gap Creek........................... At the Watauga/Ashe
None
+2952 Unincorporated Areas of
County boundary.
Watauga County.
Approximately 160 feet
None
+3076 upstream of James
Parsons Road.
Hodges Creek........................ Approximately 430 feet
+3126
+3127 Town of Boone. upstream of the confluence with Boone
Creek.
Approximately 140 feet
None
+3286 upstream of NC 105
Highway.
Howard Creek........................ Approximately 1,440
None
+3212 Unincorporated Areas of feet upstream of Moss
Watauga County.
Hill Road.
Approximately 0.6 mile
None
+3418 upstream of Millers
Pond Lane.
Left Prong Stony Fork............... At the Watauga/Wilkes
None
+1639 Unincorporated Areas of
County boundary.
Watauga County.
Approximately 220 feet
None
+1947 upstream of the confluence of Wildcat
Creek.
Meat Camp Creek..................... At the confluence with
+3057
+3058 Unincorporated Areas of
South Fork New River.
Watauga County.
Approximately 1.1 miles
None
+3495 upstream of Bryan
Hollow Road (State
Road 1339).
Meat Camp Creek Tributary........... At the confluence with
None
+3156 Unincorporated Areas of
Meat Camp Creek.
Watauga County.
Approximately 1,160
None
+3213 feet upstream of NC 194 Highway North.
Middle Fork......................... Approximately 500 feet
+3458
+3455 Unincorporated Areas of downstream of Shoppes
Watauga County, Town
On The Parkway Road.
of Blowing Rock.
Approximately 0.4 mile
None
+3630 upstream of Goforth
Road.
Page 53813
Norris Fork......................... At the confluence with
None
+3200 Unincorporated Areas of
Meat Camp Creek.
Watauga County.
Approximately 0.4 mile
None
+3248 upstream of the confluence with Meat
Camp Creek.
Pine Orchard Creek.................. At the confluence with
None
+2974 Unincorporated Areas of
Elk Creek (into South
Watauga County.
Fork New River).
Approximately 0.7 mile
None
+3041 upstream of the confluence with Elk
Creek (into South Fork
New River).
Stony Fork.......................... At the Watauga/Wilkes
None
+1975 Unincorporated Areas of
County boundary.
Watauga County.
Approximately 40 feet
None
+2265 downstream of Stoney
Fork Road.
Stony Fork Tributary................ At the confluence with
None
+2260 Unincorporated Areas of
Stony Fork.
Watauga County.
Approximately 1,470
None
+2341 feet upstream of
Stoney Fork Road.
Unnamed Tributary to Middle Fork.... At the confluence with
+3479
+3477 Unincorporated Areas of
Middle Fork.
Watauga County, Town of Blowing Rock.
Approximately 0.7 mile
None
+3546 upstream of Chetola
Lake Drive.
Wildcat Creek....................... At the confluence with
None
+1941 Unincorporated Areas of
Left Prong Stony Fork.
Watauga County.
Approximately 0.6 mile
None
+2469 upstream of Bill
Miller Lane.
Winkler Creek....................... Approximately 150 feet
+3114
+3113 Unincorporated Areas of downstream of Pride
Watauga County, Town
Drive.
of Boone.
Approximately 300 feet
None
+3442 upstream of Rainbow
Mountain Road.
¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
** 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
Town of Blowing Rock
Maps are available for inspection at Blowing Rock Town Hall, 1036 Main Street, Blowing Rock, NC.
Town of Boone
Maps are available for inspection at Town of Boone Planning and Inspections Office, 1500 Blowing Rock Road,
Boone, NC.
Unincorporated Areas of Watauga County
Maps are available for inspection at Watauga County Planning and Inspections Department, 331 Queen Street, Suite 8, Boone, NC.
Grant County, South Dakota, and Incorporated Areas
South Fork Whetstone River.......... Approximately 48 feet
None
+1116 City of Milbank, upstream of 479th
Unincorporated Areas
Avenue.
of Grant County.
Approximately 790 feet
None
+1132 upstream of North
Dakota Street.
¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
** 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
City of Milbank
Maps are available for inspection at Milbank City Offices, 1001 East 4th Avenue, Milbank, SD.
Page 53814
Unincorporated Areas of Grant County
Maps are available for inspection at Grant County Courthouse, 210 East 5th Avenue, Milbank, SD.
(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')
Dated: September 4, 2008.
Michael K. Buckley,
Deputy Assistant Administrator for Mitigation, Department of Homeland
Security, Federal Emergency Management Agency.
FR Doc. E8-21687 Filed 9-16-08; 8:45 am
BILLING CODE 9110-12-P
