[Federal Register Volume 75, Number 100 (Tuesday, May 25, 2010)]
[Proposed Rules]
[Pages 29258-29264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12486]
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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 67
[Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-B-1125]
Proposed Flood Elevation Determinations
AGENCY: Federal Emergency Management Agency, DHS.
ACTION: Proposed rule.
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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-1125, 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
[[Page 29259]]
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:
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* 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
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Lawrence County, Illinois, and Incorporated Areas
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Brushy Creek........................ Approximately 100 feet None +437 Unincorporated Areas of
downstream of North Lawrence County.
1550th Street (County
Route 5 Bridge).
Approximately at the None +437
downstream side of
North 1550th Street
(County Route 5
Bridge).
Wabash River........................ Approximately 3.5 miles None +415 City of St.
downstream of the Francisville.
Wabash Cannonball
Railroad Bridge.
Approximately 0.5 mile None +417
downstream of the
Wabash Cannonball
Railroad Bridge.
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* 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 St. Francisville
Maps are available for inspection at City Hall, 207 South 6th Street, St. Francisville, IL 62460.
Unincorporated Areas of Lawrence County
Maps are available for inspection at the Lawrence County Courthouse, 1100 State Street, Lawrenceville, IL 62439.
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Marshall County, Kentucky, and Incorporated Areas
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Barrett Branch (Backwater effects At the confluence with +342 +341 Unincorporated Areas of
from Tennessee River). Little Cypress Creek. Marshall County.
Approximately 1,600 +342 +341
feet upstream of the
confluence with Howard
Branch.
Bee Creek........................... Approximately 1,250 None +390 City of Benton,
feet downstream of KY- Unincorporated Areas
408. of Marshall County.
Approximately 1,250 None +405
feet upstream of KY-
408.
Clear Creek (Backwater effects from From the confluence None +375 Unincorporated Areas of
Kentucky Lake). with Kentucky Lake to Marshall County.
approximately 0.8 mile
upstream of the
confluence with
Kentucky Lake.
Cypress Creek....................... Approximately 600 feet None +347 City of Calvert City.
downstream of I-24.
Approximately 900 feet None +348
downstream of the
confluence with Little
John Creek.
Cypress Creek (Backwater effects At the confluence with +342 +341 Unincorporated Areas of
from Tennessee River). the Tennessee River. Marshall County.
Approximately 0.7 mile +342 +341
downstream of
Industrial Parkway (KY-
1523).
East Fork Clarks River.............. At the confluence with None +361 City of Benton.
Strow Branch.
Approximately 0.5 mile None +365
upstream of U.S. Route
641 (Main Street).
[[Page 29260]]
Howard Branch (Backwater effects From the confluence +342 +341 Unincorporated Areas of
from Tennessee River). with Barrett Branch to Marshall County.
approximately 0.6 mile
upstream of the
confluence with
Barrett Branch.
Jonathan Creek (Backwater effects From the confluence None +375 Unincorporated Areas of
from Kentucky Lake). with Kentucky Lake to Marshall County.
approximately 1.6 mile
upstream of the
confluence with
Kentucky Lake.
Little Cypress Creek (Backwater At the confluence with +342 +341 Unincorporated Areas of
effects from Tennessee River). Cypress Creek. Marshall County.
Approximately 0.4 mile +342 +341
upstream of U.S. Route
62.
Little White Oak Creek (Backwater From the confluence +342 +341 Unincorporated Areas of
effects from Tennessee River). with White Oak Creek Marshall County.
to approximately 1
mile upstream of the
confluence with White
Oak Creek.
Olive Branch (Backwater effects from From the confluence None +375 Unincorporated Areas of
Kentucky Lake). with Kentucky Lake to Marshall County.
approximately 0.7 mile
upstream of the
confluence with
Kentucky Lake.
Olive Branch Tributary 6 (Backwater From the confluence None +375 Unincorporated Areas of
effects from Kentucky Lake). with Olive Branch to Marshall County.
approximately 0.6 mile
upstream of the
confluence with Olive
Branch.
Ruff Creek (Backwater effects from From the confluence None +375 Unincorporated Areas of
Kentucky Lake). with Kentucky Lake to Marshall County.
approximately 0.6 mile
upstream of the
confluence with
Kentucky Lake.
Strow Branch........................ Approximately 500 feet None +362 City of Benton,
downstream of West 1st Unincorporated Areas
Street. of Marshall County.
Approximately 300 feet None +372
downstream of KY-348.
Strow Branch........................ Approximately 1,400 None +407 Unincorporated Areas of
feet downstream of Marshall County.
Allen Heights Drive.
Approximately 500 feet None +433
upstream of Allen
Heights Drive.
Strow Branch Tributary H............ Approximately 1,000 None +424 Unincorporated Areas of
feet downstream of Marshall County.
Colonial Drive.
Approximately 100 feet None +447
upstream of Colonial
Drive.
Tennessee River..................... Approximately 0.7 mile +342 +340 City of Calvert City,
downstream of the Unincorporated Areas
confluence with White of Marshall County.
Oak Creek.
Just downstream of the +345 +343
Kentucky Dam.
Town Creek.......................... Approximately 150 feet None +370 City of Benton.
downstream of the
railroad.
Approximately 950 feet None +373
upstream of the
railroad.
Town Creek.......................... Approximately 1,300 None +398 City of Benton.
feet upstream of Main
Street.
At the confluence with None +410
Town Creek Tributary E.
Town Creek Tributary C.............. At the confluence with None +370 City of Benton,
Town Creek. Unincorporated Areas
of Marshall County.
Just downstream of KY- None +378
408.
Town Creek Tributary C.............. Just downstream of KY- None +389 City of Benton,
1445. Unincorporated Areas
of Marshall County.
Approximately 200 feet None +436
downstream of Haltom
Road.
Town Creek Tributary D.............. At the confluence with None +398 City of Benton.
Town Creek.
Approximately 800 feet None +423
upstream of Country
Club Lane.
Town Creek Tributary E.............. Just upstream of Golf None +416 Unincorporated Areas of
Course Road. Marshall County.
Approximately 950 feet None +436
downstream of Town
Creek Tributary F.
Town Creek Tributary F.............. Approximately 450 feet None +449 Unincorporated Areas of
upstream of the Marshall County.
confluence with Town
Creek Tributary E.
Approximately 1,100 None +462
feet upstream of the
confluence with Town
Creek Tributary E.
Tributary A East of Jackson Purchase Approximately 300 feet None +371 City of Benton,
Parkway. downstream of the Unincorporated Areas
railroad. of Marshall County.
Approximately 450 feet None +397
downstream of Old
Symsonia Road.
Tributary B East of Jackson Purchase At the confluence with None +389 Unincorporated Areas of
Parkway. Tributary A East of Marshall County.
Jackson Purchase
Parkway.
[[Page 29261]]
Approximately 350 feet None +399
downstream of Old
Symsonia Road.
Tributary B West of Jackson Purchase Approximately 350 feet None +364 Unincorporated Areas of
Parkway. downstream of the Marshall County.
railroad.
Just downstream of None +377
Symsonia Highway (KY-
348).
West Fork Ruff Creek (Backwater From the confluence None +375 Unincorporated Areas of
effects from Kentucky Lake). with Kentucky Lake to Marshall County.
approximately 0.6 mile
upstream of the
confluence with
Kentucky Lake.
White Oak Creek (Backwater effects From the confluence +342 +340 Unincorporated Areas of
from Tennessee River). with the Tennessee Marshall County.
River to approximately
1.5 mile upstream of
the confluence with
the Tennessee River.
White Oak Creek Tributary 1 From the confluence +342 +340 Unincorporated Areas of
(Backwater effects from Tennessee with White Oak Creek Marshall County.
River). to approximately 1,500
feet upstream of the
confluence with White
Oak Creek.
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* 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 Benton
Maps are available for inspection at 1009 Main Street, Benton, KY 42025.
City of Calvert City
Maps are available for inspection at 861 East 5th Avenue, Calvert City, KY 42029.
Unincorporated Areas of Marshall County
Maps are available for inspection at 1101 Main Street, Benton, KY 42025.
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Sherburne County, Minnesota, and Incorporated Areas
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Big Elk Lake........................ Entire Shoreline....... +968 +969 Unincorporated Areas of
Sherburne County.
Briggs Lake......................... Entire Shoreline....... +968 +969 Unincorporated Areas of
Sherburne County.
Eagle Lake.......................... Entire Shoreline....... None +928 Unincorporated Areas of
Sherburne County.
Elk Lake............................ Entire Shoreline....... None +953 Unincorporated Areas of
Sherburne County.
Elk River........................... Approximately 50 feet +878 +877 City of Becker, City of
upstream of U.S. Route Big Lake, City of Elk
10. River, Unincorporated
Areas of Sherburne
County.
At Big Elk Lake........ +968 +969
Fremont Lake........................ Entire Shoreline....... None +977 City of Zimmerman,
Unincorporated Areas
of Sherburne County.
Julia Lake.......................... Entire Shoreline....... +968 +969 Unincorporated Areas of
Sherburne County.
Long Pond........................... Entire Shoreline....... None +966 Unincorporated Areas of
Sherburne County.
Rush Lake........................... Entire Shoreline....... +968 +969 Unincorporated Areas of
Sherburne County.
Trott Brook......................... At the Anoka County +880 +879 City of Elk River.
boundary.
Approximately 0.86 mile None +943
upstream of Brook Road.
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* 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.
[[Page 29262]]
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 Becker
Maps are available for inspection at City Hall, 12060 Sherburne Avenue, Becker, MN 55308.
City of Big Lake
Maps are available for inspection at City Hall, 160 Lake Street North, Big Lake, MN 55309.
City of Elk River
Maps are available for inspection at City Hall, 13065 Orono Parkway, Elk River, MN 55330.
City of Zimmerman
Maps are available for inspection at City Hall, 12980 Fremont Avenue, Zimmerman, MN 55398.
Unincorporated Areas of Sherburne County
Maps are available for inspection at the Sherburne County Government Center, 13880 U.S. Route 10, Elk River, MN
55330.
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Broome County, New York (All Jurisdictions)
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Butler Brook........................ At the confluence with +986 +993 Village of Deposit.
West Branch Delaware
River.
Approximately 200 feet +997 +998
upstream of Elm Street.
Chenango River...................... At the confluence with +843 +846 City of Binghamton,
Susquehanna River Town of Barker, Town
Reach 1. of Chenango, Town of
Dickinson, Town of
Fenton, Village of
Port Dickinson.
Approximately 5,210 +900 +901
feet upstream of State
Route 79.
Choconut Creek...................... At the confluence with +829 +832 Town of Vestal.
Susquehanna River
Reach 1.
Approximately 1,875 +831 +832
feet upstream of Front
Street.
Deer Lake........................... Entire shoreline within None +1521 Town of Windsor.
county.
East Branch Nanticoke Creek......... Approximately 3,026 None +975 Town of Maine.
feet downstream of
Leekville Road.
Approximately 1,993 None +979
feet downstream of
Leekville Road.
Little Snake Creek.................. At the confluence with +862 +866 Town of Conklin.
Susquehanna River
Reach 1.
Approximately 100 feet +865 +866
downstream of Milltown
Drive.
Nanticoke Creek..................... At the confluence with +829 +831 Town of Maine, Town of
Susquehanna River Union, Village of
Reach 1. Endicott.
Approximately 1,400 +872 +870
feet upstream of
Nanticoke Drive.
Oquaga Creek........................ At the confluence with +985 +992 Village of Deposit.
West Branch Delaware
River.
Approximately 130 feet +991 +992
downstream of Mill
Street.
Osborne Creek....................... At the confluence with +869 +872 Town of Colesville,
the Chenango River. Town of Fenton.
Approximately 2.5 miles None +1011
upstream of Ballyhack
Road.
Page Brook.......................... At the confluence with +876 +878 Town of Fenton.
the Chenango River.
Approximately 630 feet +877 +878
downstream of Rodgers
Road.
Snake Creek......................... At the confluence with +864 +868 Town of Conklin.
Susquehanna River
Reach 1.
Approximately 1,800 +867 +868
feet upstream of
Conklin Road.
Susquehanna River Reach 1........... Approximately 3.6 miles +827 +828 City of Binghamton,
downstream of Old Town of Binghamton,
Vestal Avenue. Town of Conklin, Town
of Kirkwood, Town of
Union, Town of Vestal,
Village of Endicott,
Village of Johnson
City.
Approximately 3.6 miles +867 +872
upstream of Cedarhurst
Road.
Susquehanna River Reach 2........... Approximately 6.5 miles +912 +918 Town of Colesville,
downstream of State Town of Windsor,
Highway 17. Village of Windsor.
Approximately 890 feet +963 +965
upstream of Nineveh
Bridge.
Tioughnioga River Reach 1........... At the confluence with None +898 Town of Chenango.
the Chenango River.
Approximately 1,270 None +898
feet upstream of State
Route 12.
West Branch Delaware River.......... Approximately 1.8 mile +948 +953 Town of Sanford,
downstream of Hale Village of Deposit.
Eddy Bridge Road.
Approximately 3,920 +994 +999
feet upstream of Pine
Street.
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* National Geodetic Vertical Datum.
[[Page 29263]]
+ 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 Binghamton
Maps are available for inspection at City Hall, 38 Hawley Street, Binghamton, NY 13901.
Town of Barker
Maps are available for inspection at the Barker Town Hall, 151 Hyde Street, Castle Creek, NY 13744.
Town of Binghamton
Maps are available for inspection at the Binghamton Town Hall, 279 Park Avenue, Binghamton, NY 13903.
Town of Chenango
Maps are available for inspection at the Chenango Town Hall, 1529 State Route 12, Binghamton, NY 13901.
Town of Colesville
Maps are available for inspection at the Colesville Town Hall, 780 Welton Street, Harpursville, NY 13787.
Town of Conklin
Maps are available for inspection at the Town Hall, 1271 Conklin Road, Conklin, NY 13748.
Town of Dickinson
Maps are available for inspection at the Dickinson Town Hall, 531 Old Front Street, Binghamton, NY 13905.
Town of Fenton
Maps are available for inspection at the Fenton Town Hall, 44 Park Street, Port Crane, NY 13833.
Town of Kirkwood
Maps are available for inspection at the Town Hall, 70 Crescent Drive, Kirkwood, NY 13795.
Town of Maine
Maps are available for inspection at the Town Hall, 12 Lewis Street, Maine, NY 13802.
Town of Sanford
Maps are available for inspection at the Sanford Town Hall, 91 2nd Street, Deposit, NY 13754.
Town of Union
Maps are available for inspection at the Union Town Hall, 3111 East Main Street, Endwell, NY 13760.
Town of Vestal
Maps are available for inspection at the Town Hall, 605 Vestal Parkway West, Vestal, NY 13850.
Town of Windsor
Maps are available for inspection at the Windsor Town Hall, 124 Main Street, Windsor, NY 13865.
Village of Deposit
Maps are available for inspection at the Village Hall, 146 Front Street, Deposit, NY 13754.
Village of Endicott
Maps are available for inspection at the Village Office, 1009 East Main Street, Endicott, NY 13760.
Village of Johnson City
Maps are available for inspection at the Village Municipal Office, 243 Main Street, Johnson City, NY 13790.
Village of Port Dickinson
Maps are available for inspection at the Port Dickinson Village Hall, 786 Chenango Street, Binghamton, NY 13901.
Village of Windsor
Maps are available for inspection at the Windsor Village Community House, 107 Main Street, Windsor, NY 13865.
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[[Page 29264]]
(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')
Dated: May 11, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation,
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2010-12486 Filed 5-24-10; 8:45 am]
BILLING CODE 9110-12-P