Proposed Flood Elevation Determinations

Federal Register: May 26, 2009 (Volume 74, Number 99)

Proposed Rules

Page 24738-24743

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

DOCID:fr26my09-16

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency 44 CFR Part 67

Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-B-1051

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 24, 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-1051, 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

Page 24739

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

Flooding source(s)

Location of referenced

ground [caret]

Communities affected elevation **

Elevation in meters

(MSL)

Effective

Modified

Jefferson County, Alabama, and Incorporated Areas

Dry Creek........................... Approximately 630 feet

+720

+722 City of Center Point. upstream of Navajo

Trail NE.

Just upstream of

None

+958

Chalkville Mountain

Road.

Griffin Brook....................... Approximately 800 feet

+634

+631 City of Homewood. upstream of Lakeshore

Drive.

Approximately 90 feet

None

+788 upstream of Montgomery

Highway.

Huckleberry Branch.................. Approximately 200 feet

+516

+514 City of Hoover, City of downstream of Tyler

Vestavia Hills.

Road.

Approximately 1,500

+824

+814 feet upstream of

Mountain Oaks Drive.

Little Shades Creek (Cahaba Basin).. Approximately 930 feet

+431

+432 City of Hoover, City of upstream of Loch Haven

Mountain Brook, City

Drive.

of Vestavia Hills.

Just upstream of Pipe

+625

+626

Line Road.

Little Shades Creek (Shades Creek).. Just downstream of

+515

+514 City of Bessemer, City

Wenonah Oxmoor Road.

of Birmingham.

Approximately 2.3 miles

+633

+632 downstream of Alabama

Highway 150.

Patton Creek........................ Approximately 0.6 miles

+424

+423 City of Hoover, City of downstream of Alabama

Vestavia Hills.

Highway 150.

Approximately 310 feet

+534

+533 downstream of West

Ridge Drive.

Pinchgut Creek...................... Approximately 0.7 miles

+690

+691 City of Birmingham, downstream of

City of Trussville.

Watterson Parkway.

Approximately 2.0 miles

+850

+846 upstream of Gadsden

Highway.

Turkey Creek........................ Approximately 0.7 miles

+566

+565 City of Center Point, downstream of Old

City of Clay, City of

Bradford Road.

Pinson.

Approximately 950 feet

+880

+885 upstream of Eagle

Ridge Drive.

Unnamed Creek 10.................... Approximately 515 feet

+605

+607 City of Center Point, downstream of Main

City of Pinson.

Street.

Approximately 90 feet

+671

+667 downstream of Houston

Road.

Unnamed Creek 11.................... Just upstream of Center

+627

+626 City of Center Point,

Point Road.

City of Pinson.

Approximately, 1610

+690

+692 feet upstream of Green

Crest Drive.

Page 24740

Unnamed Creek 9..................... Just downstream of

+591

+590 City of Center Point.

Alabama Highway 151.

Just downstream of

+630

+631

Pinson Heights Road.

Valley Creek........................ Approximately 0.5 miles

None

+431 City of Bessemer. downstream of Power

Plant Road.

Approximately 0.5 miles

None

+440 upstream of Power

Plant 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

City of Bessemer

Maps are available for inspection at 1800 Third Avenue North, Bessemer, AL 35020.

City of Birmingham

Maps are available for inspection at 710 20th Street North, Birmingham, AL 35203.

City of Center Point

Maps are available for inspection at 2209 Center Point Parkway, Center Point, AL 35215.

City of Clay

Maps are available for inspection at 6757 Old Springville Road, Pinson, AL 35126.

City of Homewood

Maps are available for inspection at 1903 29th Avenue South, Birmingham, AL 35209.

City of Hoover

Maps are available for inspection at 100 Municipal Drive, Hoover, AL 35236.

City of Mountain Brook

Maps are available for inspection at 56 Church Street, Mountain Brook, AL 35213.

City of Pinson

Maps are available for inspection at 4410 Main Street, Pinson, AL 35126.

City of Trussville

Maps are available for inspection at 131 Main Street, Trussville, AL 35173.

City of Vestavia Hills

Maps are available for inspection at 513 Montgomery Highway, Vestavia Hills, AL 35085.

La Plata County, Colorado, and Incorporated Areas

Grimes Creek........................ Approximately 0.5 miles

+7674

+7674 Unincorporated Areas of downstream of County

La Plata County.

Road 501.

Approximately 1,400

+7779

+7776 feet upstream of West

Grimes Creek Road.

Junction Creek...................... Pleasant Drive in

+6641

+6659 Unincorporated Areas of

Durango.

La Plata County.

Approximately 0.2 miles

+6994

+6996 upstream of National

Forest Boundary.

Los Pinos River..................... Approximately 1.2 miles

+6829

+6826 Unincorporated Areas of downstream of Highway

La Plata County. 160B.

Upstream Limit of

None

+7533

Detailed Study at

Vallecito Reservoir

Dam.

Los Pinos River..................... Approximately 1,200

+6865

+6863 Town of Bayfield. feet downstream of

Highway 160B.

Downstream face of

+6891

+6895

Highway 160 Bridge.

Middle Creek........................ Approximately 0.6 miles

+7674

+7674 Unincorporated Areas of downstream of County

La Plata County.

Road 501.

West Grimes Creek Road.

+7718

+7717

Vallecito Creek..................... Approximately 0.5 miles

+7674

+7674 Unincorporated Areas of downstream of County

La Plata County.

Road 501.

Vallecito Campground/

+7922

+7918

National Forest

Boundary.

* National Geodetic Vertical Datum.

+ North American Vertical Datum.

Depth in feet above ground.

Page 24741

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

Town of Bayfield

Maps are available for inspection at P.O. Box 80, Bayfield, CO 81122.

Unincorporated Areas of La Plata County

Maps are available for inspection at 1060 East 2nd Avenue, Durango, CO 81301.

Will County, Illinois, and Incorporated Areas

Des Plaines River................... Approximately 2,700

+511

+510 Village of Channahon, feet downstream of

City of Joliet,

McKinley Woods Road

Unincorporated Areas

(extended).

of Will County.

Brandon Road Lock and

+515

+512

Dam.

DuPage River........................ At confluence with Des

+512

+511 Village of Channahon,

Plaines River.

Unincorporated Areas of Will County.

Approximately 2,700

+512

+511 feet downstream of

Bridge Street.

Illinois & Michigan Canal (backwater The area surrounded in

None 3 City of Joliet, from Des Plaines River).

a clockwise direction

Unincorporated Areas by Hickory Creek, Des

of Will County.

Plaines River,

Interstate 80, and 250 feet east of Joliet

Street.

Illinois & Michigan Canal (backwater The area surrounded in

None 1 City of Joliet. from Des Plaines River).

a clockwise direction by Interstate 80, Des

Plaines River, approximately 900 feet north of Columbia

Street, and Eastern

Avenue.

Jackson Creek....................... At confluence of

None

+627 Village of Frankfort,

Jackson Creek and

Unincorporated Areas

Jackson Branch Creek.

of Will County. 104th Avenue...........

None

+752

Rock Run South...................... At confluence with Des

+513

+512 City of Joliet.

Plaines River.

Approximately 2,325

+513

+512 feet downstream of

U.S. Route 6.

* 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 Joliet

Maps are available for inspection at City Hall, 150 West Jefferson Street, Joliet, IL 60432.

Unincorporated Areas of Will County

Maps are available for inspection at the Will County Land Use Department, 58 East Clinton Street, Joliet, IL 60432.

Village of Channahon

Maps are available for inspection at the Channahon Village Hall, 24555 South Navajo Drive, Channahon, IL 60410.

Village of Frankfort

Maps are available for inspection at the Frankfort Village Hall, 432 West Nebraska Street, Frankfort, IL 60423.

Jones County, Mississippi, and Incorporated Areas

Tallahala Creek..................... Approximately 800 feet

None

+219 City of Laurel, upstream of Luther

Unincorporated Areas

Hill Road.

of Jones County.

Approximately 1,000

None

+228 feet upstream of U.S.

Highway 84.

* National Geodetic Vertical Datum.

+ North American Vertical Datum.

Depth in feet above ground.

Page 24742

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 Laurel

Maps are available for inspection at the City Clerk's Office, 401 North 5th Avenue, Laurel, MS 39440.

Unincorporated Areas of Jones County

Maps are available for inspection at the Jones County Courthouse, 415 North 5th Avenue, Laurel, MS 39440.

Lincoln County, Mississippi, and Incorporated Areas

Stream 2............................ Approximately 800 feet

None

+444 Lincoln County. downstream of Williams

Street.

Stream 5............................ Approximately 850 feet

None

+464 Lincoln County. downstream of railroad.

Stream 6............................ Approximately 1,100

None

+465 Lincoln County. feet downstream of

North Jackson 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal

Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

ADDRESSES

Lincoln County

Maps are available for inspection at 300 South 2nd Street, Brookhaven, MS 39601.

Sequatchie County, Tennessee, and Incorporated Areas

Big Brush Creek..................... At the confluence with

None

+702 Sequatchie County.

Sequatchie River.

Just upstream of Union

None

+784

Road.

Little Brush Creek.................. Approximately 0.4 miles

None

+791 Sequatchie County. downstream of Old

Union Road.

Approximately 588 feet

None

+825 upstream of Old Union

Road.

Sequatchie River.................... Just downstream of U.S.

None

+690 Sequatchie County.

Highway 127.

Approximately 651 feet

None

+702 upstream of the confluence with Big

Brush 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.

ADDRESSESS

Sequatchie County

Maps are available for inspection at the County Courthouse, 307 Cherry Street East, Dunlap, TN 37327.

Page 24743

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

Insurance.'')

Dated: May 14, 2009.

Deborah S. Ingram,

Acting Deputy Assistant Administrator for Mitigation, Mitigation

Directorate, Department of Homeland Security, Federal Emergency

Management Agency.

FR Doc. E9-12108 Filed 5-22-09; 8:45 am

BILLING CODE 9110-12-P

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