[Federal Register Volume 75, Number 100 (Tuesday, May 25, 2010)] [Proposed Rules] [Pages 29253-29258] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2010-12481] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-B-1097] 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 to 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 23, 2010. 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-1097, 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) [email protected]. 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) [email protected]. 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 also are used to calculate the appropriate flood insurance premium rates for new buildings built after these elevations are made final, and for the contents in those 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. [[Page 29254]] 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 flooding Location** ground [caret] Elevation in meters (MSL) ------------------------- Existing Modified ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ City of Hampton, Virginia ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Virginia............................. City of Hampton......... Newmarket Creek.......................... Approximately 275 feet downstream of Big Bethel Road...... +8 +9 Approximately 20 feet upstream of the confluence with None +22 Newmarket Creek Tributary. City of Hampton......... Newmarket Creek Tributary................ At the confluence with Newmarket Creek.................... None +22 Approximately 30 feet downstream of I-64.................. None +22 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ * 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 Hampton Maps are available for inspection at the Central Permits Office, 22 Lincoln Avenue, Hampton, VA 23669. ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ ---------------------------------------------------------------------------------------------------------------- * 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 ---------------------------------------------------------------------------------------------------------------- Rio Grande County, Colorado, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Willow Creek........................ At the confluence with None +8,154 Unincorporated Areas of the Rio Grande, Rio Grande County. approximately 400 feet north of U.S. Route 160. Approximately 1.1 mile None +8,766 south of East Lake Court. ---------------------------------------------------------------------------------------------------------------- * 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 Rio Grande County Maps are available for inspection at 925 6th Street, Del Norte, CO 81132. ---------------------------------------------------------------------------------------------------------------- Washington County, Florida, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Alligator Creek..................... At the upstream side of None +76 Unincorporated Areas of County Road 166. Washington County. [[Page 29255]] Approximately 3.2 miles None +81 upstream of County Road 166. Bear Bay Creek...................... At the confluence with None +44 Unincorporated Areas of Pine Log Creek. Washington County. Approximately 3.9 miles None +76 upstream of the confluence with Pine Log Creek. Botheration Creek................... At the confluence with None +32 Unincorporated Areas of Pine Log Creek. Washington County. Approximately 200 feet None +90 downstream of the county boundary. Brock Mill Branch................... At the confluence with None +54 Unincorporated Areas of Jones Rice Mill Branch. Washington County. Approximately 100 feet None +109 downstream of State Road 77. Flat Creek.......................... At the confluence with None +50 Unincorporated Areas of Hard Labor Creek. Washington County. Approximately 9.7 miles None +160 upstream of the confluence with Hard Labor Creek. Hard Labor Creek.................... At State Road 277...... None +43 Unincorporated Areas of Washington County. Approximately 15.6 None +114 miles upstream of the confluence with Holmes Creek. Helms Branch........................ At the confluence with None +78 City of Chipley, Alligator Creek. Unincorporated Areas of Washington County. Approximately 3.2 miles None +89 upstream of the confluence with Alligator Creek. Johnson Branch...................... At Roche Avenue........ None +37 City of Vernon, Unincorporated Areas of Washington County. Approximately 3.8 miles None +101 upstream of the confluence with Holmes Creek. Jones Rice Mill Branch.............. At the upstream side of None +54 Unincorporated Areas of State Road 277. Washington County. Approximately 5.9 miles None +146 upstream of the confluence with Holmes Creek. Pine Log Creek...................... Approximately 1.9 mile None +21 Town of Ebro, upstream of the Unincorporated Areas confluence with the of Washington County. East River. At the confluence with None +44 Bear Bay Creek. Piney Branch........................ At State Road 77....... None +40 Unincorporated Areas of Washington County. Approximately 6.6 miles None +193 upstream of the confluence with Holmes Creek. Pippen Mill Creek................... At Roche Avenue........ None +37 City of Vernon, Unincorporated Areas of Washington County. Approximately 5.4 miles None +95 upstream of the confluence with Holmes Creek. Reedy Creek......................... At the confluence with None +59 Town of Wausau, Hard Labor Creek. Unincorporated Areas of Washington County. Approximately 3.8 miles None +105 upstream of the confluence with Hard Labor Creek. Unnamed Tributary 1 to Alligator Approximately 765 feet None +68 Unincorporated Areas of Creek. upstream of State Road Washington County. 277. Approximately 1.4 mile None +121 upstream of State Road 277. Unnamed Tributary 2 to Alligator Approximately 0.4 mile None +72 City of Chipley, Creek. upstream of the Unincorporated Areas confluence with of Washington County. Alligator Creek. Approximately 2.2 miles None +111 upstream of the confluence with Alligator Creek. Unnamed Tributary 3 to Alligator At the confluence with None +76 City of Chipley, Creek. Alligator Creek. Unincorporated Areas of Washington County. Approximately 2 miles None +102 upstream of the confluence with Alligator Creek. [[Page 29256]] Unnamed Tributary to Helms Branch... Approximately 300 feet None +117 City of Chipley, downstream of Unincorporated Areas Brickyard Road. of Washington County. Approximately 0.6 mile None +131 upstream of Brickyard Road. Unnamed Tributary to Holmes Creek... Approximately 0.4 mile None +36 City of Vernon, upstream of the Unincorporated Areas confluence with Holmes of Washington County. Creek. Approximately 2.2 miles None +52 upstream of the confluence with Holmes Creek. Unnamed Tributary to Holmes Creek At the confluence with None +42 City of Vernon, East Branch. Unnamed Tributary to Unincorporated Areas Holmes Creek. of Washington County. Approximately 1.3 mile None +55 upstream of the confluence with Unnamed Tributary to Holmes 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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Chipley Maps are available for inspection at City Hall, 1442 Jackson Avenue, Chipley, FL 32428. City of Vernon Maps are available for inspection at 2808 Yellow Jacket Drive, Vernon, FL 32462. Town of Ebro Maps are available for inspection at the Town Hall, 6629 Dog Track Road, Ebro, FL 32437. Town of Wausau Maps are available for inspection at the Town Hall, 1607 2nd Avenue, Wausau, FL 32463. Unincorporated Areas of Washington County Maps are available for inspection at the Washington County Clerk's Office, 1293 Jackson Avenue, Chipley, FL 32428. ---------------------------------------------------------------------------------------------------------------- Butler County, Iowa, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Beaver Creek........................ Approximately 1,800 None +896 Unincorporated Areas of feet downstream of Butler County. Utica Avenue. Approximately 1.2 mile None +901 upstream of Utica Avenue. Shell Rock River.................... Approximately 1.1 mile None +899 Unincorporated Areas of downstream of Cherry Butler County. Street. Approximately 0.9 mile None +909 upstream of the dam. Shell Rock River.................... On the downstream side None +923 Unincorporated Areas of of Iowa Northern Butler County. Railway. Approximately 1,000 None +931 feet upstream of Chicago and North Western Railroad. Shell Rock River.................... Approximately 0.7 mile None +955 Unincorporated Areas of downstream of Traer Butler County. Street. Approximately 700 feet None +960 upstream of State Highway 14. Shell Rock River Overflow Channel 2. Approximately 900 feet None +955 Unincorporated Areas of downstream of Main Butler County. Street. Approximately 400 feet None +958 upstream of Main 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. [[Page 29257]] ADDRESSES Unincorporated Areas of Butler County Maps are available for inspection at the Butler County Courthouse, 428 6th Street, Allison, IA 50602. ---------------------------------------------------------------------------------------------------------------- Chesterfield County, Virginia, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Appomattox River.................... Approximately 0.9 mile None *9 Unincorporated Areas of upstream of the Chesterfield County. confluence with Swift Creek. At the Chesterfield None *20 County/City of Colonial Heights/City of Petersburg boundary. Blackman Creek...................... At the confluence with None *197 Unincorporated Areas of Deep Creek and Chesterfield County. Horsepen Creek. Approximately 3.7 miles None *287 upstream of Otterdale Road (SR-667). Crooked Branch...................... On the upstream side of *127 *131 Unincorporated Areas of State Highway 288. Chesterfield County. At the upstream side of *147 *148 Centralia Road (SR- 145). Deep Creek.......................... At the confluence with None *182 Unincorporated Areas of the Swift Creek Chesterfield County. Reservoir. At the confluence with None *197 Blackman Creek and Horsepen Creek. Fuqua Branch........................ At the confluence with None *185 Unincorporated Areas of Dry Creek. Chesterfield County. Approximately 2.2 miles None *261 upstream of the Ashbrook Lake Dam. Great Branch........................ Approximately 500 feet *102 *103 Unincorporated Areas of upstream of Hamlin Chesterfield County. Creek Parkway. Approximately 250 feet *139 *141 downstream of Chalkley Road. Great Branch Tributary.............. At the confluence with *126 *129 Unincorporated Areas of Great Branch. Chesterfield County. Approximately 1,000 *127 *129 feet downstream of Ecoff Avenue. Horsepen Creek...................... At the confluence with None *197 Unincorporated Areas of Blackman Creek and Chesterfield County. Deep Creek. Approximately 3.0 miles None *257 upstream of the confluence with Blackman Creek and Deep Creek. Johnsons Creek...................... Approximately 800 feet *18 *19 Unincorporated Areas of downstream of Spruce Chesterfield County. Avenue. Approximately 0.8 mile None *128 upstream of Old Bermuda Hundred Road. Johnsons Creek Tributary............ Approximately 320 feet None *57 Unincorporated Areas of upstream of East Chesterfield County. Hundred Road (SR-10). Approximately 100 feet None *63 upstream of Bermuda Hundred Road. Lake Chesdin........................ Entire shoreline in None *163 Unincorporated Areas of Chesterfield County. Chesterfield County. Little Tomahawk Creek............... At the confluence with *183 *184 Unincorporated Areas of the Swift Creek Chesterfield County. Reservoir. Approximately 1,800 *183 *184 feet upstream of the confluence with the Swift Creek Reservoir. Proctors Creek...................... On the upstream side of *25 *27 Unincorporated Areas of the railroad. Chesterfield County. Approximately 850 feet *136 *137 upstream of the confluence with Tributary 2 to Proctors Creek. Swift Creek......................... At Woolridge Road (SR- None *182 Unincorporated Areas of 668). Chesterfield County. At the Powhatan County None *227 boundary. Swift Creek Reservoir............... Between Swift Creek None *182 Unincorporated Areas of Reservoir Dam and Chesterfield County. Woolridge Road (SR- 668). Between Genito Road and None *184 the confluence with Little Tomahawk Creek and Tomahawk Creek. Tomahawk Creek...................... At the confluence with *183 *184 Unincorporated Areas of the Swift Creek Chesterfield County. Reservoir. Approximately 1,500 *183 *184 feet upstream of the confluence with the Swift Creek Reservoir. Turkey Creek........................ At the confluence with None *194 Unincorporated Areas of Swift Creek. Chesterfield County. [[Page 29258]] Approximately 1.7 miles None *258 upstream of Mount Herman Road (SR-606). Winterpock Creek.................... At the confluence with None *163 Unincorporated Areas of Lake Chesdin. Chesterfield County. Approximately 450 feet None *241 upstream of Beach Road (SR-655). ---------------------------------------------------------------------------------------------------------------- * 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 Chesterfield County Maps are available for inspection at 9800 Government Center Parkway, Chesterfield, VA 23832. ---------------------------------------------------------------------------------------------------------------- (Catalog of Federal Domestic Assistance No. 97.022, ``Flood Insurance.'') Dated: May 5, 2010. Sandra K. Knight, Deputy Federal Insurance and Mitigation Administrator, Mitigation, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. 2010-12481 Filed 5-24-10; 8:45 am] BILLING CODE 9110-12-P