Proposed Flood Elevation Determinations
Federal Register: September 8, 2009 (Volume 74, Number 172)
Proposed Rules
Page 46068-46074
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DOCID:fr08se09-29
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency 44 CFR Part 67
Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-B-1065
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 December 7, 2009.
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-1065, 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 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.
Page 46069
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
Colfax County, New Mexico, and Incorporated Areas
Ranton Creek........................ Approximately 450 feet
None
+6541 Unincorporated Areas of downstream of Kiowa
Colfax County.
Avenue.
Approximately 150 feet
None
+6547 downstream of Kiowa
Avenue.
* 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 Colfax County
Maps are available for inspection at the Floodplain Manager's Office, 116 South 3rd Street, Raton, NM 87740.
Luna County, New Mexico, and Incorporated Areas
Mimbres River....................... Approximately 2.1 miles
+4152
+4151 Unincorporated Areas of upstream of State
Luna County.
Highway 549 Southeast.
Approximately 1,500
+4280
+4282 feet downstream of
Interstate Highway 10.
* 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 Luna County
Maps are available for inspection at 201 East Cody Street, Deming, NM 88030.
Taos County, New Mexico, and Incorporated Areas
Bitter Creek........................ At the confluence with
+8654
+8659 Town of Red River,
Red River.
Unincorporated Areas of Taos County.
Approximately 1,150
None
+8696 feet upstream of High
Creek.
Red River........................... Just upstream of High
+8608
+8612 Town of Red River,
Cost Trail.
Unincorporated Areas of Taos County.
Approximately 1.08
None
+8782 ....................... miles downstream of
Goose Lake Trail 66.
Rio Lucero.......................... At the confluence with
None
+6886 Pueblo of Taos.
Rio Pueblo De Taos.
Approximately 0.56
None
+6995 miles upstream of
Paseo Del Pueblo Norte
Road.
Rio Pueblo De Taos.................. Just upstream of
None
+6886 Town of Taos, Pueblo of
Karavas Road.
Taos.
Approximately 600 feet
None
+6952 downstream of Paseo
Del Pueblo Norte Road.
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
Page 46070
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 Taos
Maps are available for inspection at the Floodplain Administrator's Office, 105 Albright Street, Suite A, Taos,
NM 87571.
Town of Red River
Maps are available for inspection at 100 East Main Street, Red River, NM 87558.
Town of Taos
Maps are available for inspection at the Planning Department, 400 Camino De La Placita, Taos, NM 87571.
Unincorporated Areas of Luna County
Maps are available for inspection at the Floodplain Administrator's Office, 105 Albright Street, Suite A, Taos,
NM 87571.
Cannon County, Tennessee, and Incorporated Areas
East Fork Stones River.............. Approximately 80 feet
None
+690 Unincorporated Areas of downstream of
Cannon County. confluence with Lehman
Branch.
Approximately 40 feet
None
+706 ....................... upstream of Dolittle
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 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 Cannon County
Maps are available for inspection at 1 Courthouse Square, Woodbury, TN 37190.
Stewart County, Tennessee, and Incorporated Areas
Tennessee River..................... County Boundary Between
None
+375 Unincorporated Areas of
Houston/Stewart
Stewart County.
Counties, Tennessee
(approximately River
Mile 74.2).
From the Kennedy/
None
+375
Tennessee state boundary
(approximately River
Mile 49.2).
* 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 Stewart County
Maps are available for inspection at 226 Lakeview Drive, Dover, TN 37058.
DeWitt County, Texas, and Incorporated Areas
Gohlke Creek........................ Just upstream of Old
None
+166 Unincorporated Areas of
Clinton Road.
DeWitt County.
Approximately 800 feet
None
+167 downstream of West
Heaton Street.
SCS Channel......................... Approximately 1.1 miles
None
+178 Unincorporated Areas of downstream of Old
DeWitt County.
Cheapside Road.
Page 46071
Approximately 650 feet
None
+184 downstream of Terrell
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
Unincorporated Areas of DeWitt County
Maps are available for inspection at 307 North Gonzalez Street, Cuero, TX 77954.
Medina County, Texas, and Incorporated Areas
Burnt Boot Creek.................... Approximately 1,570
None
+634 Unincorporated Areas of feet downstream of the
Medina County, City of intersection of
Devine.
Thompson Avenue.
Approximately 0.54
None
+700 miles upstream of the intersection of RM 92.
Chacon Creek........................ Approximately 1.46
None
+660 Unincorporated Areas of miles downstream of
Medina County, City of the intersection of
Natalia.
Highway 81.
Approximately 698 feet
None
+717 upstream of the intersection of RM 139.
East Branch of Live Oak Creek....... Approximately 2.28
None
+847 Unincorporated Areas of miles downstream of
Medina County, City of the intersection of
Hondo.
Highway 90.
Approximately 2.02
None
+913 miles upstream of the intersection of
Highway 90.
Elm Slough.......................... Approximately 1.13
None
+803 Unincorporated Areas of miles downstream of CR
Medina County, City of 446.
Hondo.
Approximately 1,987
None
+888 feet upstream of Co.
Highway 443.
Flat Creek.......................... Approximately 2.4 miles
None
+720 Unincorporated Areas of downstream of the
Medina County, City of intersection of
Castroville.
Highway 90.
Approximately 1.7 miles
None
+784 upstream of the intersection of
Highway 90.
Fort Ewell Creek.................... Just upstream of the
None
+694 Unincorporated Areas of confluence of Chacon
Medina County, City of
Creek.
Natalia.
Just downstream of the
None
+701 intersection of RM 136.
Hondo Creek......................... Approximately 0.50
None
+839 Unincorporated Areas of miles downstream of CR
Medina County. 4526.
Approximately 1.29
None
+917 miles upstream of
Vandenburg Road.
Hondo Creek Tributary............... Approximately 873 feet
None
+862 Unincorporated Areas of downstream of Highway
Medina County. 173.
Approximately 0.62
None
+878 miles upstream of
Highway 173.
Kempf Creek......................... Just upstream of the
None
+758 Unincorporated Areas of confluence of Medina
Medina County, City of
River.
Castroville.
Approximately 215 feet
None
+778 downstream of the intersection of Farm
Road 471.
Little Live Oak Creek and flooding
Approximately 1.41
None
+812 Unincorporated Areas of effects.
miles downstream of
Medina County, City of the intersection of CR
Hondo. 532.
Approximately 1,011
None
+897 feet upstream of 19th
Street.
Little Sous Creek................... Approximately 4,009
None
+737 Unincorporated Areas of feet downstream of the
Medina County. intersection of
Highway 90.
Approximately 2.2 miles
None
+827 upstream of the intersection of
Highway 90.
Medina River........................ Approximately 0.60
None
+689 Unincorporated Areas of miles downstream of
Medina County, City of the intersection of
Castroville.
Lacoste Road.
Approximately 1.8 miles
None
+767 upstream of the confluence of Kempf
Creek.
Page 46072
Parkers Creek....................... Approximately 2.71
None
+826 Unincorporated Areas of miles downstream of
Medina County. the intersection of FM 2200.
Approximately 1.61
None
+914 miles upstream of the intersection of
Highway 90.
Polecat Creek....................... Approximately 0.55
None
+708 Unincorporated Areas of miles downstream of
Medina County, City of the intersection of
LaCoste.
Dhanis Street.
Approximately 503 feet
None
+722 upstream of the intersection of FM 471.
San Fransisco Perez Creek........... Approximately 0.49
None
+646 Unincorporated Areas of miles downstream of
Medina County, City of the intersection of RM
Devine. 101.
Approximately 1.1 miles
None
+699 upstream of the intersection of RM 90.
Seco Creek.......................... Approximately 5.94
None
+838 Unincorporated Areas of miles downstream of
Medina County. the intersection of CR 512.
Approximately 4.1 miles
None
+935 upstream of the intersection of CR 428.
South Fork San Geronimo Creek....... Approximately 786 feet
None
+1324 Unincorporated Areas of downstream of the
Medina County. confluence of Unnamed
Tributary 1 to South
Fork San Geronimo
Creek.
Approximately 947 feet
None
+1407 upstream of the confluence of Unnamed
Tributary 2 to South
Fork San Geronimo
Creek.
South Polecat Creek................. Approximately 0.42
None
+708 Unincorporated Areas of miles downstream of
Medina County, City of the intersection of
LaCoste.
Dhanis Street.
Approximately 0.44
None
+730 miles upstream of the intersection of Contis
Avenue.
Tehuacana Creek..................... Approximately 1.24
None
+623 Unincorporated Areas of miles downstream of
Medina County. the confluence of East
Tehuacana Creek.
Just downstream of the
None
+660 confluence of West
Fork Tehuacana Creek.
Unnamed Tributary 1 to San Geronimo Approximately 1.4 miles
None
+1360 Unincorporated Areas of
Creek.
upstream of the
Medina County. confluence of San
Geronimo Creek.
Approximately 2.6 miles
None
+1465 upstream of the confluence of San
Geronimo Creek.
Unnamed Tributary 1 to South Fork
Just upstream of the
None
+1345 Unincorporated Areas of
San Geronimo Creek.
confluence of South
Medina County.
Fork San Geronimo
Creek.
Approximately 1,844
None
+1371 feet upstream of the confluence of South
Fork San Geronimo
Creek.
Unnamed Tributary 2 to South Fork
Just upstream of the
None
+1401 Unincorporated Areas of
San Geronimo Creek.
confluence of South
Medina County.
Fork San Geronimo
Creek.
Approximately 1,069
None
+1412 feet upstream of the confluence of South
Fork San Geronimo
Creek.
Unnamed Tributary 2 to San Geronimo Approximately 779 feet
None
+1295 Unincorporated Areas of
Creek.
upstream of the
Medina County. intersection of RT 37.
Approximately 0.65
None
+1339 miles upstream of the intersection of RT 37.
Unnamed Tributary to Medina
Approximately 1,514
None
+1159 Unincorporated Areas of
Diversion Reservoir.
feet downstream of the
Medina County. confluence of Unnamed
Tributary to Unnamed
Tributary to Medina
Diversion Reservoir.
Approximately 1.4 miles
None
+1242 upstream of the confluence of Unnamed
Tributary to Unnamed
Tributary to Medina
Diversion Reservoir.
Unnamed Tributary to Unnamed
Just upstream of the
None
+1173 Unincorporated Areas of
Tributary to Medina Diversion
confluence of Unnamed
Medina County.
Reservoir.
Tributary to Medina
Diversion Reservoir.
Approximately 0.8 miles
None
+1264 upstream of the confluence of Unnamed
Tributary to Medina
Diversion Reservoir.
West Branch Little Live Oak Creek... Approximately 0.57
None
+832 Unincorporated Areas of miles downstream of
Medina County, City of intersection of CR 532.
Hondo.
Approximately 0.39
None
+885 miles upstream of the intersection of CR 530.
Page 46073
West Fork Tehuacana Tributary....... Just upstream of the
None
+668 Unincorporated Areas of confluence of West
Medina County.
Fork Tehuacana Creek.
Approximately 0.62
None
+699 miles upstream of CR 732.
West Prong Atascosa River........... Approximately 295 feet
None
+693 Unincorporated Areas of downstream of the
Medina County, City of intersection of Main
Lytle.
Street.
Just downstream of the
None
+715 intersection of CR 681.
West Tehuacana Creek................ Just upstream of the
None
+662 Unincorporated Areas of confluence of
Medina County.
Tehuacana Creek.
Approximately 1,258
None
+707 feet upstream of the intersection of CR 732.
* 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
City of Castroville
Maps are available for inspection at 703 Paris Street, Castroville, TX 78009.
City of Devine
Maps are available for inspection at 303 South Teel Drive, Devine, TX 78016.
City of Hondo
Maps are available for inspection at 1600 Avenue M, Hondo, TX 78861.
City of LaCoste
Maps are available for inspection at 16004 South Front Street, LaCoste, TX 78039.
City of Lytle
Maps are available for inspection at 19325 FM 2790, Lytle, TX 78052.
City of Natalia
Maps are available for inspection at 300 3rd Street, Natalia, TX 78059.
Unincorporated Areas of Medina County
Maps are available for inspection at 709 Avenue Y, Hondo, TX 78861.
Washington County, Texas, and Incorporated Areas
Hog Branch.......................... Approximately 2,500
None
+240 Unincorporated Areas of feet upstream of North
Washington County.
Blue Bell Road.
Approximately 1,000
None
+249 feet upstream of North
Blue Bell Road.
Little Sandy Creek.................. Approximately 300 feet
None
+240 Unincorporated Areas of upstream of Old
Washington County.
Independence Road.
Approximately 200 feet
None
+278 downstream of Burleson
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
Unincorporated Areas of Washington County
Maps are available for inspection at the County Courthouse, 100 East Main, Brenham, TX 77833.
Box Elder County, Utah, and Incorporated Areas
Box Elder Creek..................... Just upstream of Watery
None
+4236 City of Brigham City.
Lane.
Upstream end of Mayor's
None
+4541
Pond spillway.
Page 46074
* 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
City of Brigham City
Maps are available for inspection at 20 North Main Street, Brigham City, UT 84302.
(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')
Deborah S. Ingram,
Acting Deputy Assistant Administrator for Mitigation, Mitigation
Directorate, Department of Homeland Security, Federal Emergency
Management Agency.
FR Doc. E9-21471 Filed 9-4-09; 8:45 am
BILLING CODE 9110-12-P
