[Federal Register Volume 75, Number 100 (Tuesday, May 25, 2010)] [Proposed Rules] [Pages 29290-29296] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2010-12492] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-B-1101] 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-1101, 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. 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 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Town of Lincoln, New Hampshire ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ New Hampshire........................ Town of Lincoln......... East Branch Pemigewasset River........... Approximately 1,800 feet downstream of the Richard Cooper None * 781 Memorial Bridge. [[Page 29291]] Approximately 375 feet south of the intersection of Lodge None * 831 Road and Main Street/State Highway 112. ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ 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 Town of Lincoln Maps are available for inspection at the Town Hall, 148 Main Street, Lincoln, NH 03251. ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ ---------------------------------------------------------------------------------------------------------------- * 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 ---------------------------------------------------------------------------------------------------------------- Coles County, Illinois, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Cassell Creek....................... Approximately 1,650 None +613 City of Charleston. feet upstream of the confluence with Town Branch Creek. Approximately at the None +619 upstream side of the railroad (removed). Town Branch Creek................... Approximately 0.19 mile None +616 City of Charleston. downstream of the railroad. Approximately 0.08 mile None +617 downstream of the railroad. ---------------------------------------------------------------------------------------------------------------- * 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 Charleston Maps are available for inspection at City Hall, 520 Jackson Avenue, Charleston, IL 61920. ---------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------- * 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 ---------------------------------------------------------------------------------------------------------------- Moultrie County, Illinois, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Dalton City Drain................... At the confluence with None +672 Unincorporated Areas of Marrowbone Creek. Moultrie County. At State Route 128..... None +687 Lowe No. 2.......................... Approximately 1,100 None +656 Unincorporated Areas of feet downstream of Moultrie County. Vine Street. [[Page 29292]] Approximately 540 feet None +662 upstream of Progress 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 Moultrie County Maps are available for inspection at the County Courthouse, Planning and Zoning Department, 10 South Main Street, Suite 1, Sullivan, IL 61951. ---------------------------------------------------------------------------------------------------------------- Madison County, Kentucky, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Brushy Fork......................... At the confluence with None +922 City of Berea, Silver Creek. Unincorporated Areas of Madison County. Approximately 305 feet None +976 upstream of Mt. Vernon Road. Calloway Creek (Backwater effects From the confluence None +590 Unincorporated Areas of from Kentucky River). with the Kentucky Madison County. River to approximately 3,680 feet upstream of the confluence with the Kentucky River. Clear Creek 1 (Backwater effects From the confluence None +600 Unincorporated Areas of from Kentucky River). with Muddy Creek to Madison County. approximately 635 feet upstream of Doylesville Road. Dreaming Creek Tributary............ At the confluence with None +837 City of Richmond, Dreaming Creek. Unincorporated Areas of Madison County. Approximately 0.7 mile None +917 upstream of Old Wilderness Trail. Drowning Creek (Backwater effects From the confluence None +620 Unincorporated Areas of from Kentucky River). with the Kentucky Madison County. River to approximately 845 feet upstream of the confluence with Drowning Creek Tributary 3. Drowning Creek Tributary 3 From the confluence None +620 Unincorporated Areas of (Backwater effects from Kentucky with Drowning Creek to Madison County. River). approximately 1,245 feet upstream of the confluence with Drowning Creek. East Fork Silver Creek (Backwater From the confluence None +843 City of Berea, effects from Silver Creek). with Silver Creek to Unincorporated Areas approximately 80 feet of Madison County. upstream of Gabbard Town Road. Falling Branch (Backwater effects From the confluence None +619 Unincorporated Areas of from Kentucky River). with the Kentucky Madison County. River to approximately 0.5 mile upstream of the confluence with the Kentucky River. Flint Creek (Backwater effects from From the confluence None +615 Unincorporated Areas of Kentucky River). with the Kentucky Madison County. River to approximately 0.5 mile upstream of the confluence with the Kentucky River. Hines Creek (Backwater effects from From the confluence None +586 Unincorporated Areas of Kentucky River). with the Kentucky Madison County. River to approximately 2,284 feet upstream of the confluence with the Kentucky River. Jacks Creek (Backwater effects from From the confluence None +585 Unincorporated Areas of Kentucky River). with the Kentucky Madison County. River to approximately 2,120 feet upstream of the confluence with the Kentucky River. Kentucky River...................... At the confluence with +572 +573 Unincorporated Areas of Paint Lick Creek. Madison County. At the confluence with None +620 Drowning Creek. Kentucky River Tributary 3 From the confluence None +618 Unincorporated Areas of (Backwater effects from Kentucky with the Kentucky Madison County. River). River to approximately 0.8 mile upstream of the confluence with the Kentucky River. Muddy Creek (Backwater effects from From the confluence None +600 Unincorporated Areas of Kentucky River). with the Kentucky Madison County. River to approximately 0.6 mile upstream of Doylesville Road. Old Town Branch (Backwater effects From the confluence None +829 Unincorporated Areas of from Taylor Fork). with Taylor Fork to Madison County. approximately 1,950 feet upstream of the confluence with Taylor Fork. Otter Creek......................... Approximately 0.7 mile None +800 City of Richmond, downstream of Four Unincorporated Areas Mile Road. of Madison County. [[Page 29293]] Just upstream of None +843 Catalpa Loop. Otter Creek (Backwater effects from From the confluence None +594 Unincorporated Areas of Kentucky River). with the Kentucky Madison County. River to approximately 680 feet upstream of Boonesborough Road. Otter Creek Tributary 1............. At the confluence with None +843 City of Richmond, Otter Creek. Unincorporated Areas of Madison County. Just downstream of Big None +890 Hill Avenue. Otter Creek Tributary 2............. At the confluence with None +814 City of Richmond, Otter Creek. Unincorporated Areas of Madison County. Approximately 755 feet None +895 upstream of Douglas Court. Paint Lick Creek (Backwater effects From the confluence None +573 Unincorporated Areas of from Kentucky River). with the Kentucky Madison County. River to approximately 1,135 feet downstream of the confluence with Sledd Branch. Rocky Lick Branch (Backwater effects From the confluence None +600 Unincorporated Areas of from Kentucky River). with Muddy Creek to Madison County. approximately 430 feet downstream of Walker Parke Road. Silver Creek........................ Just downstream of None +904 City of Berea, Richmond Road North. Unincorporated Areas of Madison County. Approximately 525 feet None +944 upstream of KY-21. Silver Creek (Backwater effects from From the confluence None +576 Unincorporated Areas of Kentucky River). with the Kentucky Madison County. River to approximately 813 feet upstream of the confluence with Jackson Branch. Stony Fork (Backwater effects from From the confluence None +577 Unincorporated Areas of Kentucky River). with the Kentucky Madison County. River to approximately 858 feet upstream of Whitlock Road. Tate Creek (Backwater effects from From the confluence +582 +583 City of Richmond, Kentucky River). with the Kentucky Unincorporated Areas River to just upstream of Madison County. of Tates Creek Road. Taylor Fork......................... Approximately 0.5 mile None +829 City of Richmond, upstream of Curtis Unincorporated Areas Pike. of Madison County. Approximately 0.7 mile None +970 upstream of the confluence with Taylor Fork Tributary 1. Taylor Fork Tributary 1............. At the confluence with None +930 City of Richmond, Taylor Fork. Unincorporated Areas of Madison County. Approximately 0.5 mile None +978 upstream of the confluence with Taylor Fork. Taylor Fork Tributary 2............. At the confluence with None +884 City of Richmond, Taylor Fork. Unincorporated Areas of Madison County. Approximately 100 feet None +958 downstream of Vickers Drive. Taylor Fork Tributary 2A............ At the confluence with None +897 City of Richmond, Taylor Fork Tributary Unincorporated Areas 2. of Madison County. Approximately 1,775 None +929 feet upstream of the confluence with Taylor Fork Tributary 2. Taylor Fork Tributary 3............. At the confluence with None +878 City of Richmond, Taylor Fork. Unincorporated Areas of Madison County. Approximately 0.5 mile None +931 upstream of the confluence with Taylor Fork. Taylor Fork Tributary 4............. At the confluence with None +874 City of Richmond, Taylor Fork. Unincorporated Areas of Madison County. Approximately 0.4 mile None +928 upstream of the confluence with Taylor Fork. Taylor Fork Tributary 5............. At the confluence with None +865 City of Richmond, Taylor Fork. Unincorporated Areas of Madison County. Approximately 200 feet None +916 upstream of Alycia Drive. Taylor Fork Tributary 6............. At the confluence with None +834 City of Richmond, Taylor Fork. Unincorporated Areas of Madison County. Approximately 850 feet None +944 upstream of Idylwild Court. [[Page 29294]] Taylor Fork Tributary 7............. At the confluence with None +829 City of Richmond, Taylor Fork. Unincorporated Areas of Madison County. Approximately 1,855 None +843 feet upstream of the confluence with Taylor Fork. Terrill Branch (Backwater effects From the confluence None +911 City of Berea, from Silver Creek). with Silver Creek to Unincorporated Areas approximately 0.4 mile of Madison County. upstream of the confluence with Silver Creek. Upper Tate Creek.................... Approximately 310 feet None +784 City of Richmond, downstream of Finney Unincorporated Areas Fork Road. of Madison County. Approximately 945 feet None +928 upstream of Stocker Drive. Walnut Meadow Branch................ Approximately 460 feet None +893 City of Berea, downstream of Guynn Unincorporated Areas Road. of Madison County. Approximately 640 feet None +935 upstream of Ginger Drive. ---------------------------------------------------------------------------------------------------------------- * 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 Berea Maps are available for inspection at 212 Chestnut Street, Berea, KY 40403. City of Richmond Maps are available for inspection at 239 West Main Street, Richmond, KY 40475. Unincorporated Areas of Madison County Maps are available for inspection at 101 West Main Street, Richmond, KY 40475. ---------------------------------------------------------------------------------------------------------------- Anne Arundel County, Maryland, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Cabin Branch........................ Approximately 0.51 mile +115 +116 Unincorporated Areas of downstream of I-95. Anne Arundel County. Approximately 325 feet +115 +118 upstream of Andover Road. Franklin Branch..................... At the confluence with None +117 Unincorporated Areas of Midway Branch. Anne Arundel County. Approximately 780 feet None +214 upstream of Clark Road. Little Patuxent River............... Approximately 600 feet +43 +46 Unincorporated Areas of upstream of the Anne Arundel County. confluence with the Patuxent River. Approximately 270 feet +130 +131 downstream of Brock Bridge Road. Marley Creek........................ Approximately 900 feet +8 +9 Unincorporated Areas of downstream of Ritchie Anne Arundel County. Highway. Approximately 0.20 mile None +51 upstream of Nolberry Drive. Midway Branch....................... At the confluence with +76 +77 Unincorporated Areas of the Little Patuxent Anne Arundel County. River. Approximately 0.59 mile None +211 upstream of Clark Road. Patapsco River...................... Approximately 0.77 mile +9 +12 Unincorporated Areas of downstream of the Anne Arundel County. Harbor Tunnel Thruway. Approximately 0.57 mile +139 +140 upstream of Laurel Fort Meade Road. Patuxent River...................... Approximately 2.52 +20 +21 Unincorporated Areas of miles downstream of Anne Arundel County. Queen Anne Bridge Road. Approximately 0.57 mile +139 +140 upstream of Laurel Fort Meade Road. Sawmill Creek....................... At the upstream side of +11 +10 Unincorporated Areas of Crain Highway. Anne Arundel County. Approximately 400 feet None +105 upstream of Washington Baltimore and Annapolis Road. Severn Run.......................... Approximately 0.23 mile +6 +8 Unincorporated Areas of downstream of Veterans Anne Arundel County. Highway. [[Page 29295]] Approximately 0.57 mile None +166 upstream of Disney 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 Anne Arundel County Maps are available for inspection at the County Courthouse, 2604 Riva Road, Annapolis, MD 21404. ---------------------------------------------------------------------------------------------------------------- Calvert County, Maryland, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Hall Creek.......................... At the confluence with +7 +9 Unincorporated Areas of the Patuxent River. Calvert County. Approximately 0.52 mile +9 +11 downstream of Southern Maryland Boulevard. ---------------------------------------------------------------------------------------------------------------- * 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 Calvert County Maps are available for inspection at the County Courthouse, 175 Main Street, Prince Frederick, MD 20678. ---------------------------------------------------------------------------------------------------------------- Benton County, Oregon, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Willamette River.................... Approximately 400 feet None +282 City of Monroe. upstream of Reiling Lane near the Long Tom River. Approximately 0.43 mile None +282 upstream of Reiling Lane near the Long Tom 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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Monroe Maps are available for inspection at 664 Commercial Street, Monroe, OR 97456. ---------------------------------------------------------------------------------------------------------------- [[Page 29296]] (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. 2010-12492 Filed 5-24-10; 8:45 am] BILLING CODE 9110-12-P