Proposed Flood Elevation Determinations

Federal Register: November 24, 2008 (Volume 73, Number 227)

Proposed Rules

Page 70944-70950

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

DOCID:fr24no08-29

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency 44 CFR Part 67

Docket No. FEMA-B-1021

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 February 23, 2009.

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-1021, 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

Page 70945

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.

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

Garland County, Arkansas, and Incorporated Areas

Molly Creek......................... Weston Road............

+410

+409 City of Hot Springs.

Approximately 450 feet

+541

+544 upstream of Albert

Pike Road/US 270.

Molly Creek Tributary 1............. Stover Road (Formerly

+486

+484 City of Hot Springs.

Marie St.).

Molly Springs Road.....

+508

+506

* 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 Hot Springs

Maps are available for inspection at Garland County Library, 1427 Malvern Ave., Hot Springs, AR 71901.

White County, Arkansas, and Incorporated Areas

Deener Creek........................ Ella Street............

None

+237 Unincorporated Areas of

White County.

Approximately 1994 feet

None

+240 upstream from Ella

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

Unincorporated Areas of White County

Maps are available for inspection at 119 West Arch Avenue, Searcy, AR 72143.

Barrow County, Georgia, and Incorporated Areas

Apalachee River..................... Approximately 5,345

None

+820 Unincorporated Areas of feet upstream of

Barrow County, City of

Loganville Highway.

Auburn.

Approximately 1,140

None

+905 feet upstream of CSX

Railroad.

Page 70946

Cedar Creek......................... Approximately 1,220

None

+820 Unincorporated Areas of feet downstream of

Barrow County, City of

Miles Patrick Road.

Winder.

Approximately 470 feet

None

+822 downstream of Miles

Patrick Road.

Tributary No. 1..................... At the confluence with

None

+822 Unincorporated Areas of

Cedar Creek.

Barrow County, City of

Winder.

Approximately 50 feet

None

+840 downstream of Sims

Road.

Winder Reservoir.................... Entire Shoreline.......

None

+850 Unincorporated Areas of

Barrow County.

* 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 Auburn

Maps are available for inspection at City Hall, 1369 Fourth Avenue, Auburn, GA 30011.

City of Winder

Maps are available for inspection at Inspections Department, 23 North Jackson Street, Winder, GA 30680.

Unincorporated Areas of Barrow County

Maps are available for inspection at Annex Building, 223 East Broad Street, Winder, GA 30680.

Franklin County, Illinois, and Incorporated Areas

Big Ditch Tributary................. From approximately

None

+382 Unincorporated Areas of 2,630 feet upstream of

Franklin County, City the confluence with

of West Frankfort.

Middle Fork Big Muddy

River.

To approximately 790

None

+388 feet downstream of

County Highway 37/

Logan Street.

Ewing Creek......................... From approximately

None

+385 Unincorporated Areas of 5,000 feet upstream of

Franklin County, City the confluence with

of West Frankfort.

Middle Fork Big Muddy

River.

To approximately 2,500

None

+393 feet upstream of

County Highway 5/

Deering Road.

Pond Creek.......................... From Interstate 57.....

None

+394 Unincorporated Areas of

Franklin County, City of West Frankfort.

To approximately 2,250

None

+398 feet upstream of Old

Johnston City Road.

Rend Lake........................... From the Rend Lake Dam.

None

+415 Unincorporated Areas of

Franklin County.

To approximately 5,650

None

+415 feet west of the intersection of North

County Line Road and

Conservation Lane.

* 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 West Frankfort

Maps are available for inspection at West Frankfort City Hall, 110 N. Jefferson Street, West Frankfort, IL 62896.

Unincorporated Areas of Franklin County

Maps are available for inspection at Franklin County Highway Department, 13034 Oddfellow Lane, Benton, IL 62812.

Lyon County, Kentucky, and Incorporated Areas

Cumberland River (Lake Barkley)..... At Barkley Dam.........

None

+375 Unincorporated Areas of

Lyon County.

Page 70947

At confluence with

None

+375

Hurricane Creek

(Southern county boundary).

Tennessee River (Kentucky Lake)..... Approximately 500 feet

None

+375 Unincorporated Areas of downstream Barkley

Lyon County.

Canal.

Approximately 3200 feet

None

+375 upstream Duncan 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

Unincorporated Areas of Lyon County

Maps are available for inspection at 500A W. Dale Ave., Eddyville, KY 42038.

Menifee County, Kentucky, and Incorporated Areas

Licking River (Cave Run Lake)....... At confluence with Buck

None

+765 City of Frenchburg.

Creek.

At confluence with

None

+765

North Fork Licking

River.

* 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 Frenchburg

Maps are available for inspection at 157 Old Campus Road, Frenchburg, KY 40322.

Curry County, New Mexico, and Incorporated Areas

Northeast Drain..................... Approximately 645 feet

+4222

+4225 City of Clovis. upstream from Schepps

Blvd.

Approximately from the

+4234

+4236 intersection of

Merlene Blvd.

Northeast Drain..................... Approximately 5,276

None

+4216 Unincorporated Areas of feet downstream from

Curry County.

Humphry Road.

At the confluence of

None

+4217

West Second Street

Drain.

Thomas Ditch 1...................... At the intersection of

None

+4262 Unincorporated Areas of

Brady Avenue.

Curry County.

At the intersection of

None

+4280 the Burlington

Northern Santa Fe

Railroad.

West Second Street Drain............ At the confluence of

None

+4217 Unincorporated Areas of

Northeast Drain.

Curry County.

Approximately 268 feet

None

+4232 upstream from Norris

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

City of Clovis

Maps are available for inspection at 321 Connelly, Clovis, NM 88101.

Unincorporated Areas of Curry County

Maps are available for inspection at 321 Connelly, Clovis, NM 88102.

Page 70948

Dona Ana County, New Mexico, and Incorporated Areas

Baylor Canyon Arroyo................ At the upstream face of

None

+4604 Unincorporated Areas of

U.S. Highway 70 Bridge.

Dona Ana County.

Approximately 3,375

None

+4797 feet upstream of confluence with Baylor

Canyon Arroyo

Tributary 1.

Baylor Canyon Arroyo Tributary 1.... At confluence with

None

+4713 Unincorporated Areas of

Baylor Canyon Arroyo.

Dona Ana County.

Approximately 3,800

None

+4823 feet above confluence with Baylor Canyon

Arroyo.

Baylor Canyon Arroyo Tributary 2.... At confluence with

None

+4668 Unincorporated Areas of

Baylor Canyon Arroyo.

Dona Ana County.

Approximately 6,850

None

+4806 feet upstream of confluence with Baylor

Canyon Arroyo.

Flow Path 1......................... At upstream face of

None

+4317 City of Las Cruces.

Sand Hill Dam

(Chandler Tank).

At intersection of Main

None

+4462

St. and Sand Hill

Arroyo (Flowpath 1).

Flow Path 12........................ At Interstate 10

+3965

+3966 Unincorporated Areas of

Southbound frontage

Dona Ana County, City road (Las Alturas).

of Las Cruces.

Approximately 7,470

None

+4189 feet upstream of

Tellbrook Road.

Flow Path 3......................... Approximately 4932 feet

+4186

+4188 City of Las Cruces. downstream from the confluence of North

Tributary 2 and Flow

Path 3.

Approximately 200 feet

None

+4252 downstream from the

Alameda Dam.

North Branch Gardner Arroyo......... Approximately 675 feet

None

+3781 Unincorporated Areas of upstream of

Dona Ana County. intersection of McNutt

Road and Alvarez Road.

Approximately 3,875

None

+3835 feet upstream of intersection of McNutt

Road and Alvarez Road.

North Vado Arroyo................... At confluence with

None

+3826 Unincorporated Areas of

Unnamed Drainage.

Dona Ana County.

At downstream face of

None

+3900

Interstate 10 Bridge.

South Branch of Gardner Arroyo...... Approximately 580 feet

None

+3784 Unincorporated Areas of upstream of McNutt

Dona Ana County.

Road and Alvarez Road.

Approximately 5,190

None

+3831 feet upstream of intersection of McNutt

Road and Alvarez Road.

South Vado Arroyo................... At confluence with

None

+3822 Unincorporated Areas of

Unnamed Drainage.

Dona Ana County.

At downstream face of

None

+3871

Interstate 10 Bridge.

Stream Bilbo........................ At Bilbo Pond Spillway

None

+3895 Unincorporated Areas of at Mesilla Hills Road.

Dona Ana County, Town of Mesilla.

At Lake Maureen

None

+4144

Spillway.

* 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 Las Cruces

Maps are available for inspection at 200 North Church St., Las Cruces, NM 88001.

Town of Mesilla

Maps are available for inspection at Calle de Parian, P.O. Box 10, Mesilla, NM 88046.

Unincorporated Areas of Dona Ana County

Maps are available for inspection at 251 West Amador, Room 100B, Las Cruces, NM 88001.

Carter County, Oklahoma, and Incorporated Areas

Hickory Creek....................... Approximately 3528 feet

None

+792 Unincorporated Areas of downstream of the

Carter County. confluence of Hickory

Creek Tributary A and

Hickory Creek.

Approximately at the

None

+795 crosspoint of

Breezewood Road and

Hickory Creek.

Sand Creek Tributary B.............. Approximately 3045 feet

None

+791 Unincorporated Areas of downstream from the

Carter County.

Carter 1 Dam.

Page 70949

Approximately at the

None

+826 intersection of Sand

Creek Tributary B and

Refinery Road.

Approximately 3410 feet upstream from the

Carter 1 Dam.

Wolf Creek.......................... Approximately 3315 feet

None

+830 Unincorporated Areas of upstream from the

Carter County. confluence of Wolf

Creek and Cottonwood

Creek.

Approximately 1045 feet

None

+852 from the confluence of

Wolf Creek Tributary 2 and Wolf 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

Unincorporated Areas of Carter County

Maps are available for inspection at 20 B Street, SW., 102, Ardmore, OK 73401.

Muskogee County, Oklahoma, and Incorporated Areas

Arkansas River...................... Approximately 1371 feet

None

+553 Muskogee County. downstream of State

Highway 104.

Approximately 1625 feet

None

+554 upstream of State

Highway 104.

* 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

Muskogee County

Maps are available for inspection at Muskogee County Courthouse, 4517 Dennison Street, Muskogee, OK 74402.

Waupaca County, Wisconsin, and Incorporated Areas

Little Wolf River/Big Falls Pond.... 0.33 mile downstream of

+880

+879 Village of Big Falls, bridge at County

Unincorporated Areas

Highway G.

of Waupaca County. 1.1 miles upstream of

+909

+910 bridge at County

Highway G.

Waupaca River/Weyau-................ 2.65 miles upstream of

+757

+756 City of Waupaca, City wega Lake........................... confluence with Wolf

of Weyauwega,

River.

Unincorporated Areas of Waupaca County 390 feet upstream of

None

+893 bridge at Anderson

Road.

Wolf River.......................... Southern Waupaca County

None

+753 Village of Fremont, boundary.

Unincorporated Areas of Waupaca County. 3.58 miles downstream

+757

+756 of bridge at County

Highway X.

* 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 Waupaca

Maps are available for inspection at 111 South Main Street, Waupaca, WI 54981.

City of Weyauwega

Page 70950

Maps are available for inspection at 109 East Main Street, Weyauwega, WI 54983.

Unincorporated Areas of Waupaca County

Maps are available for inspection at 811 Harding Street, Waupaca, WI 54981.

Village of Big Falls

Maps are available for inspection at 220 Main Street, Big Falls, WI 54926.

Village of Fremont

Maps are available for inspection at 317 Wolf River Drive, Fremont, WI 54940.

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

Insurance.'')

Dated: November 14, 2008.

Michael K. Buckley,

Acting Assistant Administrator, Mitigation Directorate, Department of

Homeland Security, Federal Emergency Management Agency.

FR Doc. E8-27811 Filed 11-21-08; 8:45 am

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