[Federal Register Volume 75, Number 106 (Thursday, June 3, 2010)] [Proposed Rules] [Pages 31361-31368] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2010-13266] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-B-1108] 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 September 1, 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-1108, 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 [[Page 31362]] 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)Location of referenced Depth in feet above Flooding source(s) elevation ground [caret] Elevation Communities affected in meters (MSL) -------------------------- Effective Modified ---------------------------------------------------------------------------------------------------------------- Leake County, Mississippi, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Pearl River......................... Approximately 1.0 mile None +341 City of Carthage. downstream of State Highway 35. Approximately 1.0 mile None +343 upstream of State Highway 35. Tuscolameta Creek................... Approximately 555 feet None +356 Town of Walnut Grove. downstream of State Highway 35. Approximately 0.5 mile None +357 upstream of State Highway 35. ---------------------------------------------------------------------------------------------------------------- * 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 Carthage Maps are available for inspection at City Hall, 212 West Main Street, Carthage, MS 39051. Town of Walnut Grove Maps are available for inspection at the Town Hall, 139 Main Street, Walnut Grove, MS 38189. ---------------------------------------------------------------------------------------------------------------- Stone County, Mississippi, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Church House Branch................. Approximately 0.5 mile None +211 City of Wiggins. downstream of East 5th Avenue. Approximately 385 feet None +245 upstream of East Borders Avenue. Flint Creek......................... Approximately 574 feet None +171 City of Wiggins, downstream of Unincorporated Areas Clubhouse Drive. of Stone County. Approximately 1,290 None +187 feet upstream of State Highway 29. Flint Creek Tributary 2............. At the confluence with None +174 City of Wiggins. Flint Creek. Approximately 350 feet None +254 upstream of Annis Lane. Four Mile Creek..................... Approximately 1 mile None +168 City of Wiggins, downstream of South Unincorporated Areas Azalea Drive. of Stone County. Approximately 345 feet None +261 upstream of West Miles Avenue. Four Mile Creek Tributary 1......... At the confluence with None +214 City of Wiggins. Four Mile Creek. [[Page 31363]] Approximately 1,845 None +261 feet upstream of West Bond Avenue. Red Creek Tributary................. Approximately 0.5 mile None +166 City of Wiggins, downstream of Mill Unincorporated Areas Avenue. of Stone County. Approximately 1,345 None +220 feet upstream of State Highway 29. ---------------------------------------------------------------------------------------------------------------- * 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 Wiggins Maps are available for inspection at City Hall, 117 North 1st Street, Wiggins, MS 39577. Unincorporated Areas of Stone County Maps are available for inspection at the Stone County Courthouse, 323 East Cavers Street, Wiggins, MS 39577. ---------------------------------------------------------------------------------------------------------------- Franklin County, Missouri, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Birch Creek......................... Approximately 0.4 mile None +499 City of Union, downstream of Denmark Unincorporated Areas Road. of Franklin County. Approximately 440 feet None +543 downstream of Prairie Dell Road. Bourbeuse River Tributary........... Approximately 0.6 mile None +500 City of Union, upstream of the Unincorporated Areas confluence with the of Franklin County. Bourbeuse River. Just downstream of None +550 Prairie Dell Road. Busch Creek......................... At the confluence with +486 +491 City of Washington, Dubois Creek. Unincorporated Areas of Franklin County. Approximately 460 feet None +582 upstream of Schroeder Lane. Dubois Creek........................ Approximately 1,688 +486 +491 City of Washington, feet downstream of the Unincorporated Areas confluence with Busch of Franklin County. Creek. Just downstream of +486 +491 State Highway 100. Fiddle Creek........................ Approximately 165 feet +479 +483 Unincorporated Areas of downstream of Labadie Franklin County. Bottom Road. Approximately 0.8 mile +482 +483 upstream of County Highway T. Labadie Creek....................... At the confluence with +481 +485 Unincorporated Areas of the Missouri River. Franklin County. Approximately 0.5 mile +485 +486 downstream of County Highway T. Little Tavern Creek................. Approximately 1.0 mile +478 +480 Unincorporated Areas of downstream of County Franklin County. Highway T. Approximately 0.5 mile +478 +480 downstream of County Highway T. Missouri River...................... Approximately 3.3 miles +474 +476 City of Berger, City of downstream of the New Haven, City of confluence with Fiddle Washington, Creek. Unincorporated Areas of Franklin County. Approximately 0.6 mile +514 +516 downstream of the confluence with Little Berger Creek. Saint Johns Creek................... Approximately 1.2 mile +494 +495 City of Washington, downstream of West Unincorporated Areas Link Drive. of Franklin County. Approximately 1,475 +494 +495 feet downstream of State Highway 100. [[Page 31364]] South Branch Busch Creek............ At the confluence with +486 +491 City of Washington, Busch Creek. Unincorporated Areas of Franklin County. Approximately 0.8 mile None +500 upstream of State Highway 100. Southwest Branch Busch Creek........ At the confluence with +486 +493 City of Washington, Busch Creek. Unincorporated Areas of Franklin County. Approximately 0.5 mile +513 +514 upstream of State Highway 47. Unnamed Tributary to Busch Creek.... At the confluence with None +537 City of Washington, Busch Creek. Unincorporated Areas of Franklin County. Approximately 1,520 None +552 feet upstream of State Highway 100. ---------------------------------------------------------------------------------------------------------------- * 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 Berger Maps are available for inspection at 405 Rosalie Avenue, Berger, MO 63014. City of New Haven Maps are available for inspection at 101 Front Street, New Haven, MO 63068. City of Union Maps are available for inspection at 500 East Locust Street, Union, MO 63084. City of Washington Maps are available for inspection at 405 Jefferson Street, Washington, MO 63090. Unincorporated Areas of Franklin County Maps are available for inspection at 8 North Church Street, Suite B, Union, MO 63084. ---------------------------------------------------------------------------------------------------------------- Tillamook County, Oregon, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Dougherty Slough.................... At the confluence with +14 +16 City of Tillamook, Hoquarten Slough. Unincorporated Areas of Tillamook County. At the divergence from +31 +33 the Wilson River. Goodspeed Road Storage Area......... Approximately 2,000 None +14 Unincorporated Areas of feet west along Sissek Tillamook County. Road from Goodspeed Road. Hall Slough......................... At the confluence with None +14 City of Tillamook, the Wilson River. Unincorporated Areas of Tillamook County. Approximately 0.64 mile None +20 upstream of U.S. Route 101. Hall Slough Left Bank Overflow...... At the confluence with None +19 Unincorporated Areas of Outlet From Wilson Tillamook County. River Loop Storage Area. At the divergence from None +19 Hall Slough. Hall Slough River Bank Overflow..... At the confluence with None +15 City of Tillamook, Makinster Road Storage Unincorporated Areas Area. of Tillamook County. Approximately 1,450 None +18 feet upstream of the Oregon Coast Highway. Hoquarten Slough.................... At the confluence with +13 +15 City of Tillamook, the Trask River. Unincorporated Areas of Tillamook County. Approximately 500 feet None +27 upstream of the Wilson River Road. [[Page 31365]] Hoquarten Slough Left Bank Overflow. At the confluence with None +16 City of Tillamook, Hoquarten Slough. Unincorporated Areas of Tillamook County. At the divergence from None +16 Hoquarten Slough. Hoquarten Slough Left Bank Storage Approximately 1,300 None +15 City of Tillamook, Area. feet west of the Unincorporated Areas intersection of 1st of Tillamook County. Street and Birch Avenue. Hoquarten Slough Right Bank Overflow At the confluence with None +16 City of Tillamook, Hoquarten Slough. Unincorporated Areas of Tillamook County. At the divergence from None +18 Hoquarten Slough. Kilchis River....................... Approximately 1,900 None +14 Unincorporated Areas of feet downstream of Tillamook County. U.S. Route 101. Approximately 1.3 mile None +56 upstream of Myrtle Creek. Kilchis River Left Bank Overflow.... At the confluence with None +28 Unincorporated Areas of the Kilchis River. Tillamook County. Approximately 1,700 None +29 feet upstream of Curil Road. Makinster Road Storage Area......... At Makinster Road...... None +15 City of Tillamook, Unincorporated Areas of Tillamook County. Miami River......................... Just downstream of U.S. +12 +14 City of Garibaldi, Route 101. Unincorporated Areas of Tillamook County. Approximately 1,200 +88 +86 feet upstream of New Miami River Road. Miami River Left Bank Overflow At the confluence with None +15 Unincorporated Areas of Downstream. the Miami River. Tillamook County. Approximately 0.5 mile None +22 upstream of the confluence with Illingsworth Creek. Miami River Left Bank Overflow At the confluence with None +24 Unincorporated Areas of Upstream. the Miami River. Tillamook County. Approximately 0.53 mile None +31 upstream of Moss Creek Road. Old Trask River..................... At the confluence with None +15 Unincorporated Areas of the Tillamook River. Tillamook County. At the divergence from None +16 the Trask River. Old Trask River Overflow Outlet from At the confluence with None +14 Unincorporated Areas of Goodspeed Storage Area. the Trask River. Tillamook County. At the divergence from None +15 Old Trask River. At the confluence with None +14 the Wilson River. Just downstream of None +15 Goodspeed Road. Outlet from Wilson River Loop At the confluence with None +20 Unincorporated Areas of Storage. Dougherty Slough. Tillamook County. Approximately 400 feet None +25 downstream of Wilson River Loop. Overflow from Hall Slough Left Bank At the confluence with None +14 City of Tillamook, Overflow. Goodspeed Road Storage Unincorporated Areas Area. of Tillamook County. Approximately 1,750 None +18 feet upstream of the Oregon Coast Highway. Overflow from Wilson River Right At the confluence with None +17 Unincorporated Areas of Bank Overflow. the Wilson River. Tillamook County. Approximately 1,400 None +18 feet upstream of Boquist Road. Overflow from Wilson River Split At the confluence with None +14 Unincorporated Areas of Flow 2. the Tillamook River. Tillamook County. At the divergence from None +14 Wilson River Split Flow 2. Overflow from Wilson River Split Approximately 600 feet None +14 Unincorporated Areas of Flow 3. downstream of the Tillamook County. divergence from Wilson River Split Flow 3. At the divergence from None +14 Wilson River Split Flow 3. Stasek Slough....................... Approximately 80 feet None +14 Unincorporated Areas of downstream of U.S. Tillamook County. Route 101. Approximately 1,500 None +26 feet upstream of Alderbrook Road. Tillamook Left Bank Storage Area.... Just south of the None +16 Unincorporated Areas of intersection of Netars Tillamook County. Highway and Abbey Lane. [[Page 31366]] Tillamook River..................... At the confluence with +12 +14 Unincorporated Areas of Tillamook Bay. Tillamook County. Just downstream of None +27 Bewley Creek Road. Tillamook River Left Bank Overflow.. At the confluence with None +14 Unincorporated Areas of the Tillamook River. Tillamook County. At the divergence from None +14 the Tillamook River. Tillamook River Right Bank Overflow. At the confluence with None +16 Unincorporated Areas of the Tillamook River Tillamook County. Road Storage Area. At the divergence from None +19 the Tillamook River. Tillamook River Road Storage Area... Just south of Matejeck None +16 Unincorporated Areas of Road. Tillamook County. Trask River......................... At the confluence with +12 +14 City of Tillamook, the Tillamook River. Unincorporated Areas of Tillamook County. Approximately 600 feet None +95 upstream of Cedar Creek. Trask River Left Bank Overflow 1.... At the confluence with None +17 Unincorporated Areas of Tillamook River Right Tillamook County. Bank Overflow. Just downstream of None +29 Blimp Boulevard. Trask River Left Bank Overflow 2.... At the confluence with None +33 Unincorporated Areas of the Trask River. Tillamook County. Approximately 1,100 None +38 feet upstream of Long Prairie Road. Trask River Right Bank Overflow..... At the confluence with None +16 City of Tillamook, the Trask River. Unincorporated Areas of Tillamook County. Approximately 80 feet None +24 upstream of McCormick Loop Road. Trask River Right Bank Overflow Approximately 600 feet None +24 Unincorporated Areas of Storage Area. south of the Tillamook County. intersection of 12th Street and Marolf Loop Road. Trask River Right Bank Storage Area. Approximately 2,000 None +24 Unincorporated Areas of feet northeast along Tillamook County. U.S. Route 101 from the intersection of Nelsen Road and U.S. Route 101. Trask River Split Flow to Tillamook At the confluence with None +14 Unincorporated Areas of River. the Tillamook River. Tillamook County. At the divergence from None +14 the Trask River. Wilson River........................ Approximately 0.57 mile +15 +14 City of Tillamook, upstream of the Unincorporated Areas confluence with of Tillamook County. Tillamook Bay. Approximately 1,800 +65 +66 feet upstream of Mills Bridge. Wilson River Left Bank Overflow 1... At the confluence with None +34 Unincorporated Areas of the Wilson River. Tillamook County. At the divergence from None +41 the Wilson River. Wilson River Left Bank Overflow 2... At the confluence with None +29 Unincorporated Areas of Dougherty Slough. Tillamook County. Approximately 1,700 None +37 feet upstream of Donaldson Road. Wilson River Loop Storage Area...... Approximately 1,400 None +32 Unincorporated Areas of feet south along Tillamook County. Wilson Loop Road from Sollie Smith Road. Wilson River Right Bank Overflow.... At the confluence with None +19 Unincorporated Areas of the Wilson River. Tillamook County. At the divergence from None +25 the Wilson River. Wilson River Right Bank Storage Area Approximately 650 feet None +33 Unincorporated Areas of south of the Tillamook County. intersection of Aldercrest Road and Sollie Smith Road. Wilson River Split Flow 1........... At the convergence with None +14 Unincorporated Areas of the Wilson River. Tillamook County. At the divergence from None +14 the Wilson River. Wilson River Split Flow 2........... At the confluence with None +14 Unincorporated Areas of Tillamook Bay. Tillamook County. At the divergence from None +15 the Wilson River. Wilson River Split Flow 2 and 3 Just east of Wilson None +14 Unincorporated Areas of Storage Area. River Split Flow 2. Tillamook County. Wilson River Split Flow 3........... At the confluence with None +14 Unincorporated Areas of Wilson River Split Tillamook County. Flow 2. At the divergence from None +15 the Wilson River. Wilson River Split Flow to Tillamook At the confluence with None +14 Unincorporated Areas of River. the Tillamook River. Tillamook County. [[Page 31367]] At the divergence from None +14 the Wilson 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 Garibaldi Maps are available for inspection at 107 6th Street, Garibaldi, OR 97118. City of Tillamook Maps are available for inspection at 210 Laurel Avenue, Tillamook, OR 97141. Unincorporated Areas of Tillamook County Maps are available for inspection at 201 Laurel Avenue, Tillamook, OR 97141. ---------------------------------------------------------------------------------------------------------------- Marlboro County, South Carolina, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Great Pee Dee River................. Approximately 2.8 miles None +93 Unincorporated Areas of downstream of U.S. Marlboro County. Route 1. Approximately 1.1 mile None +110 upstream of the confluence with Marks 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 Unincorporated Areas of Marlboro County Maps are available for inspection at the Marlboro County Courthouse, 105 Main Street, Bennettsville, SC 29512. ---------------------------------------------------------------------------------------------------------------- Union County, South Carolina, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Broad River......................... Approximately 10 feet None +367 Township of Lockhart. downstream of State Highway 49. Approximately 1.1 mile None +412 upstream of State Highway 49. Canal............................... Approximately 28 feet None +393 Township of Lockhart. downstream of State Highway 49. Just downstream of the None +409 Lockhart Dam. ---------------------------------------------------------------------------------------------------------------- * 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 Township of Lockhart Maps are available for inspection at the Town Hall, 118 Mill Street, Lockhart, SC 29364. ---------------------------------------------------------------------------------------------------------------- [[Page 31368]] (Catalog of Federal Domestic Assistance No. 97.022, ``Flood Insurance.'') Dated: May 19, 2010. Edward L. Connor, Acting Federal Insurance and Mitigation Administrator, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. 2010-13266 Filed 6-2-10; 8:45 am] BILLING CODE 9110-12-P