Proposed Flood Elevation Determinations
Federal Register: May 18, 2009 (Volume 74, Number 94)
Proposed Rules
Page 23140-23147
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DOCID:fr18my09-19
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency 44 CFR Part 67
Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-B-1040
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 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 17, 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-1040, 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,
Page 23141
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.
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
State
City/town/county
Source of
Location **
ground [caret] flooding
Elevation in meters
(MSL)
Existing
Modified
City of Burnside, Kentucky
Kentucky...................... City of Burnside. Lake Cumberland.. Entire shoreline
None
+749
* 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
City of Burnside
Maps are available for inspection at 7929 South Highway 27, Burnside, KY 42519.
* 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
Fairfield County, Connecticut, and Incorporated Areas
East Swamp Brook.................... Entire reach within
None
+293 City of Danbury.
City of Danbury.
Farmill River....................... Entire reach within
None
+14 Town of Stratford.
Town of Stratford.
Entire reach within
None
+70
Town of Stratford.
Five Mile River..................... At upstream side of Old
+141
+139 City of Norwalk.
Rock Lane.
Approximately 750 feet
+142
+139 upstream of Old Rock
Lane.
Horse Tavern Brook.................. At upstream side of
+129
+132 City of Bridgeport.
Park Avenue.
Page 23142
Approximately 670 feet
+131
+132 upstream of Park
Avenue.
Approximately 1,580
None
+239 feet upstream of Old
Town Road.
Approximately 1,820
None
+240 feet upstream of Old
Town Road.
Horse Tavern Brook.................. Approximately 470 feet
+236
+238 Town of Trumbull. upstream of Old Town
Road.
Approximately 1,070
+238
+239 feet upstream of Old
Town Road.
Housatonic River.................... Approximately 2,775
+13
+14 Town of Stratford. feet upstream of
Merritt Parkway.
Approximately 3,650
+13
+14 feet upstream of
Merritt Parkway.
Housatonic River.................... At confluence of
None
+108 Town of Newtown.
Halfway River.
Approximately 15,800
None
+108 feet upstream of confluence of Halfway
River.
Laurel Brook........................ Approximately 320 feet
+244
+245 City of Stamford. upstream of confluence with Rippowam River
(Upper Reach).
Approximately 40 feet
+279
+274 upstream of Laurel
Road.
Mianus River........................ At upstream side of
+72
+73 Town of Greenwich.
Valley Road.
Approximately 270 feet
+72
+73 upstream of Valley
Road.
Noroton River....................... Approximately 1,860
None
+117 Town of Darien, City of feet downstream of
Stamford.
State Route 15.
Approximately 1,040
None
+117 feet downstream of
State Route 15.
Norwalk River....................... Entire reach within
None
+302 Town of Weston.
Town of Weston.
Norwalk River....................... Approximately 2,740
None
+367 Town of Ridgefield. feet upstream of U.S.
Route 7.
Approximately 3,500
None
+373 feet upstream of U.S.
Route 7.
Rippowam River (Upper Reach)........ Approximately 290 feet
+227
+228 Town of New Canaan. downstream of Cascade
Road.
Approximately 3,360
+242
+243 feet upstream of
Cascade Road.
Rooster River....................... At upstream side of
+16
+15 Town of Fairfield.
Railroad.
At downstream side of
+20
+19
Brooklawn Avenue.
Terehaute Brook..................... Entire reach within
None
+367 City of Danbury.
City of Danbury.
Entire reach within
None
+373
City of Danbury.
Tributary O at Intervale Road....... Entire reach within
None
+140 Town of Stratford.
Town of Stratford.
* 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
City of Bridgeport
Maps are available for inspection at the City of Bridgeport Zoning Office, 45 Lyon Terrace, Bridgeport, CT.
City of Danbury
Maps are available for inspection at Danbury City Hall, Engineering Department, 155 Deer Hill Avenue, Danbury,
CT.
City of Norwalk
Maps are available for inspection at Norwalk City Hall, Planning and Zoning Department, 125 East Avenue, Room 223, Norwalk, CT.
City of Stamford
Maps are available for inspection at the City of Stamford Environmental Protection Board, 888 Washington
Boulevard, 7th Floor, Stamford, CT.
Town of Darien
Maps are available for inspection at the Darien Town Hall, 2 Renshaw Road, Darien, CT.
Town of Fairfield
Maps are available for inspection at the Town of Fairfield Engineering Department, Sullivan Independence Hall, 725 Old Post Road, Fairfield, CT.
Town of Greenwich
Maps are available for inspection at the Greenwich Town Hall, Planning and Zoning Department, 101 Field Point
Road, Greenwich, CT.
Town of New Canaan
Maps are available for inspection at the New Canaan Town Hall, Office of the Town Clerk, 77 Main Street, New
Canaan, CT.
Town of Newtown
Maps are available for inspection at the Town of Newtown Land Use Agency, 31 Pecks Lane, Newtown, CT.
Town of Ridgefield
Maps are available for inspection at the Ridgefield Town Hall Annex, Planning and Zoning Department, 66 Prospect
Street, Ridgefield, CT.
Town of Stratford
Page 23143
Maps are available for inspection at the Stratford Town Hall, Planning and Zoning Department, 2725 Main Street,
Stratford, CT.
Town of Trumbull
Maps are available for inspection at the Trumbull Town Hall, Engineering Department, 5866 Main Street, Trumbull,
CT.
Town of Weston
Maps are available for inspection at the Weston Town Hall, Office of the Town Clerk, 56 Norfield Road, Weston,
CT.
Clinton County, Kentucky, and Incorporated Areas
Cumberland River.................... Approximately 2,300
None
+568 Unincorporated Areas of feet downstream of the
Clinton County. confluence with
Tearcoat Creek.
Approximately 2,300
None
+571 feet upstream of the confluence with
Millers Creek.
Dale Hollow Lake (Wolf River)....... At the confluence with
None
+663 Unincorporated Areas of
Wolf River.
Clinton County.
Approximately 1,800
None
+663 feet upstream of the confluence with Spring
Creek.
Lake Cumberland..................... Just upstream of Wolf
None
+760 Unincorporated Areas of
Creek Dam.
Clinton County.
At confluence with
None
+760
Otter 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 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 Clinton County
Maps are available for inspection at 100 South Cross Street, Albany, KY 42602.
Russell County, Kentucky, and Incorporated Areas
Cumberland River.................... Approximately 3,700
None
+565 Unincorporated Areas of feet downstream of the
Russell County. confluence with Lester
Creek.
Just downstream of Wolf
None
+577
Creek Dam.
Lake Cumberland..................... Just upstream of Wolf
+750
+760 Unincorporated Areas of
Creek Dam.
Russell County, City of Jamestown.
Just downstream of the
+750
+760 confluence with Thomas
Branch.
* 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
City of Jamestown
Maps are available for inspection at 202 Monument Square, Jamestown, KY 42629.
Unincorporated Areas of Russell County
Maps are available for inspection at One Public Square, Jamestown, KY 42629.
Allen Parish, Louisiana, and Incorporated Areas
Beaver Creek........................ Approximately 7,218
None
+117 City of Oakdale. feet downstream of 16th Street.
Approximately 575 feet
None
+119 downstream of 16th
Street.
Bunch Creek......................... Intersection of Martin
None
+37 Unincorporated Areas of
Tram Road and Bunchy
Allen Parish.
Creek.
Page 23144
Approximately 3,097
None
+38 feet upstream of Route 190.
Calcasieu River..................... Approximately 341 feet
None
+106 City of Oakdale. upstream of unnamed creek.
Intersection of unnamed
None
+107 creek and Union
Pacific Railroad.
Gilley Gully........................ Approximately 1,539
None
+35 Unincorporated Areas of feet downstream of
Allen Parish.
Martin Tram Road.
Approximately 4,613
None
+36 feet upstream of
Martin Tram Road.
Whisky Chitto Creek................. Approximately 10,369
None
+41 Unincorporated Areas of feet upstream of
Allen Parish. confluence with
Calcasieu River and
Whisky Chitto Creek.
Approximately 6,544
None
+41 feet upstream of confluence with
Calcasieu River and
Whisky Chitto 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
City of Oakdale
Maps are available for inspection at 333 East 6th Avenue, Oakdale, LA 71463.
Unincorporated Areas of Allen Parish
Maps are available for inspection at the Allen Parish Police Jury Office, 602 Court Street, Oberlin, LA 70655.
St. Landry Parish, Louisiana, and Incorporated Areas
Bayou Belleview..................... Approximately 330 feet
None
+68 Unincorporated Areas of downstream of George
St. Landry Parish.
Street.
Approximately 125 feet
None
+70 upstream of Gulino
Street.
Bayou Tesson........................ Approximately 450 feet
None
+68 Unincorporated Areas of upstream of Caddo
St. Landry Parish,
Street.
City of Opelousas.
Approximately 100 feet
None
+70 upstream of Park
Street.
Flooding Effects of Unnamed Canal/
Approximately 350 feet
None
+25 Town of Port Barre.
Ditch.
East of Palm Street.
Approximately 1,800
None
+25 feet West of State
Highway 741 and 25
Feet North of Highway 190.
* 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
City of Opelousas
Maps are available for inspection at 318 North Court Street, Opelousas, LA 70570.
Town of Port Barre
Maps are available for inspection at P.O. BOX 219, 504 Saizan Avenue, Port Barre, LA 70577.
Unincorporated Areas of St. Landry Parish
Maps are available for inspection at P.O. Drawer 1550, 308 West Bloch Street, Opelousas, LA 70571.
St. Martin Parish, Louisiana, and Incorporated Areas
Bayou Peyronnet..................... 2.27 miles upstream of
None
*13 Unincorporated Areas of the confluence with
St. Martin Parish.
Bayou Berard. 2.08 miles upstream of
None
+13 the confluence with
Bayou Berard.
Page 23145
Bayou Teche......................... 1,900 feet upstream of
None
+15 Unincorporated Areas of
Smede Highway.
St. Martin Parish. 2.08 miles upstream of
None
+21
Bridge Street.
WABPL Borrow Pit (Above Henderson).. 1,000 feet downstream
+14
+16 Unincorporated Areas of of Potato Shed Road.
St. Martin Parish. 1.25 miles upstream of
+14
+17
Potato Shed Road.
WABPL Borrow Pit (Below Henderson).. 2,500 feet upstream of
+14
+12 Unincorporated Areas of the confluence with
St. Martin Parish.
Berard Canal. 4,500 feet upstream of
+14
+12 the confluence with
Berard Canal.
* 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 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 St. Martin Parish
Maps are available for inspection at 303 West Port Street, St. Martinsville, LA 70582.
Terrebonne Parish, Louisiana, and Incorporated Areas
Bayou Sauveur....................... At the intersection of
None
+5 Unincorporated Areas of
Bayou Sauveur and
Terrebonne Parish.
Savanne Road.
At the intersection of
None
+10
Bayou Sauveur and Isle of Cuba Road.
* 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 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 Terrebonne Parish
Maps are available for inspection at P.O. Box 6097, 8026 Main Street/HWY 24, RM 40, Houma, LA 70361.
Madison County, Ohio, and Incorporated Areas
Little Darby Creek.................. 30,610 feet upstream
None
+881 Village of West from confluence of
Jefferson.
Little Darby Creek and
Darby Creek. 38,850 feet upstream
None
+894 from confluence of
Little Darby Creek and
Darby 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
Village of West Jefferson
Maps are available for inspection at 28 East Main Street, West Jefferson, OH 43612.
Page 23146
Nelson County, Virginia, and Incorporated Areas
Davis Creek......................... Approximately 983 feet
None
+538 Unincorporated Areas of upstream from the
Nelson County. confluence with
Rockfish River.
Approximately 150 feet
None
+862 downstream from Perry
Lane.
East Branch Hat Creek............... Approximately 215 feet
None
+674 Unincorporated Areas of upstream from the
Nelson County. confluence with Hat
Creek.
At the intersection of
None
+802
Shaeffers Hollow Lane.
Hat Creek........................... Approximately 730 feet
None
+648 Unincorporated Areas of upstream from the
Nelson County. confluence with Tye
River.
Approximately 610 feet
None
+790 downstream from East
Branch Loop.
Muddy Creek......................... Approximately 544 feet
None
+550 Unincorporated Areas of upstream from the
Nelson County. confluence with Davis
Creek.
Approximately 160 feet
None
+689 downstream from
Anderson Lane.
Rockfish River...................... Approximately 400 feet
None
+399 Unincorporated Areas of downstream from the
Nelson County. confluence with Ivy
Creek.
Approximately 2,200
None
+458 feet downstream from
Laurel Road.
Approximately 1,186
None
+477 feet downstream from
Rock Spring Road.
Approximately 477 feet
None
+588 downstream from the confluence with South
Fork Rockfish River.
Tye River........................... At the intersection of
None
+604 Unincorporated Areas of
Tye Brook Highway.
Nelson County.
Approximately 2,300
None
+641 feet downstream from the confluence with
Hat Creek.
Approximately 1,200
None
+734 feet upstream from the confluence with
Unnamed Tributary No. 6 to Tye River.
Approximately 1,941
None
+821 feet downstream from
Carter Hill Road.
Approximately 2,100
None
+892 feet upstream from
State Route 682.
Approximately at the
None
+1141 confluence with North
Fork Tye 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 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 Nelson County
Maps are available for inspection at 80 Front Street, Lovingston, VA 22949.
(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')
Page 23147
Dated: May 8, 2009.
Deborah S. Ingram,
Acting Deputy Assistant Administrator for Mitigation, Mitigation
Directorate, Department of Homeland Security, Federal Emergency
Management Agency.
FR Doc. E9-11514 Filed 5-15-09; 8:45 am
BILLING CODE 9110-12-P
