[Federal Register Volume 75, Number 216 (Tuesday, November 9, 2010)] [Proposed Rules] [Pages 68738-68744] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2010-28224] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-B-1153] 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 February 7, 2011. 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-1153, to Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-3461, or (e- mail) [email protected]. FOR FURTHER INFORMATION CONTACT: Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-3461, 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: [[Page 68739]] ---------------------------------------------------------------------------------------------------------------- * 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 ---------------------------------------------------------------------------------------------------------------- Harrison County, Iowa, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Boyer River (Left Overbank)......... Approximately 0.66 mile None +1003 Unincorporated Areas of upstream of I-29. Harrison County. Approximately 150 feet None +1018 upstream of 296th Street. Boyer River (Left Overbank) From the Pottawattamie None +1003 Unincorporated Areas of (overflow effects from Missouri County boundary to Harrison County. River). approximately 0.66 mile upstream of I-29. Boyer River (Right Overbank)........ Approximately 200 feet None +1003 City of Missouri upstream of I-29. Valley, Unincorporated Areas of Harrison County. Approximately 150 feet None +1018 upstream of 296th Street. Boyer River (Right Overbank) From the Pottawattamie None +1003 Unincorporated Areas of (overflow effects from Missouri County boundary to Harrison County. River). approximately 200 feet upstream of I-29. Boyer River (Riverward)............. Approximately 250 feet None +1003 Unincorporated Areas of downstream of I-29. Harrison County. Approximately 150 feet None +1018 upstream of 296th Street. Boyer River (Riverward) (overflow From the Pottawattamie None +1003 Unincorporated Areas of effects from Missouri River). County boundary to Harrison County. approximately 250 feet downstream of I-29. Little Sioux River (Left Overbank).. At the confluence with None +1029 City of Little Sioux, the Missouri River. Unincorporated Areas of Harrison County. Approximately 2,000 None +1040 feet upstream of 120th Street. Little Sioux River (Right Overbank). At the confluence with None +1029 Unincorporated Areas of the Missouri River. Harrison County. Approximately 2,000 None +1040 feet upstream of 120th Street. Little Sioux River (Riverward)...... At the confluence with None +1029 Unincorporated Areas of the Missouri River. Harrison County. Approximately 2,000 None +1041 feet upstream of 120th Street. Missouri River...................... Approximately 0.88 mile +1003 +1004 City of Missouri upstream of the Valley, City of Pottawattamie County Modale, City of boundary. Mondamin, Unincorporated Areas of Harrison County. At the Monona County +1032 +1034 boundary. Willow Creek (Left Overbank)........ Approximately 1.48 None +1006 Unincorporated Areas of miles upstream of the Harrison County. confluence with the Boyer River. Approximately 50 feet None +1008 downstream of Canal Street. Willow Creek (Left Overbank)........ Approximately 0.75 mile None +1010 City of Missouri upstream of Huron Valley, Unincorporated Street. Areas of Harrison County. Approximately 0.45 mile None +1021 upstream of 291st Street. Willow Creek (Left Overbank) From the confluence None +1006 Unincorporated Areas of (backwater effects from Boyer with the Boyer River Harrison County. River). to approximately 1.48 miles upstream of the confluence with the Boyer River. Willow Creek (Left Overbank) From approximately +1009 +1010 City of Missouri (overflow effects from Missouri 1,850 feet upstream of Valley, Unincorporated River). Huron Street to Areas of Harrison approximately 0.75 County. mile upstream of Huron Street. Willow Creek (Right Overbank) From the confluence None +1006 Unincorporated Areas of (backwater effects from Boyer with the Boyer River Harrison County. River). to approximately 1.8 miles upstream of the confluence with the Boyer River. Willow Creek (Right Overbank) Approximately 1.8 miles None +1006 City of Missouri (overflow effects from Missouri upstream of the Valley, Unincorporated River). confluence with the Areas of Harrison Boyer River. County. Approximately 0.45 mile None +1011 upstream of 291st Street. Willow Creek (Riverward)............ Approximately 0.76 mile None +1010 City of Missouri upstream of the Valley, Unincorporated confluence with the Areas of Harrison Boyer River. County. Approximately 0.45 mile None +1021 upstream of 291st Street. Willow Creek (Riverward) (backwater From the confluence None +1010 Unincorporated Areas of effects from Boyer River). with the Boyer River Harrison County. to approximately 0.76 mile upstream of the confluence with the Boyer River. ---------------------------------------------------------------------------------------------------------------- * National Geodetic Vertical Datum. + North American Vertical Datum. Depth in feet above ground. [[Page 68740]] [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 Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Little Sioux Maps are available for inspection at City Hall, 407 1st Street, Little Sioux, IA 51545. City of Missouri Valley Maps are available for inspection at the City Clerk's Office, 223 East Erie Street, Missouri Valley, IA 51555. City of Modale Maps are available for inspection at City Hall, 310 East Palmer Street, Modale, IA 51556. City of Mondamin Maps are available for inspection at City Hall, 120 South Main Street, Mondamin, IA 51557. Unincorporated Areas of Harrison County Maps are available for inspection at the Harrison County Zoning Administration Building, 301 North 6th Avenue, Logan, IA 51546. ---------------------------------------------------------------------------------------------------------------- Mercer County, New Jersey (All Jurisdictions) ---------------------------------------------------------------------------------------------------------------- Assunpink Creek..................... At the confluence with +23 +25 City of Trenton. the Delaware River. Approximately 120 feet +24 +25 upstream of Jackson Street. Beden Brook......................... At Princeton Avenue None +164 Borough of Hopewell. (approximately 800 feet south of the intersection of Princeton Avenue and East Prospect Street). At parking lot None +164 approximately 710 feet south of the intersection of Princeton Avenue and East Prospect Street. Delaware River...................... Approximately 1,000 +20 +19 City of Trenton, feet downstream of Township of Ewing, U.S. Route 1 (Trenton- Township of Hopewell. Morrisville Toll Bridge). Approximately 0.5 mile +60 +61 upstream of the confluence of Moores Creek and the Delaware River. Delaware River...................... Approximately 2.2 miles +17 +18 City of Trenton, downstream of U.S. Township of Hamilton. Route 1 (Trenton- Morrisville Toll Bridge). Approximately 1.8 miles +17 +18 downstream of U.S. Route 1 (Trenton- Morrisville Toll Bridge). Jacobs Creek........................ At the confluence with +47 +46 Township of Ewing, the Delaware River. Township of Hopewell. Approximately 0.4 mile +47 +46 upstream of State Route 29 (River Road). Miry Run............................ At the Township of None +72 Township of Hamilton/Township of Robbinsville, Township West Windsor corporate of West Windsor. limits. Approximately 1,150 +71 +72 feet downstream of Pond Road. Moores Creek........................ At the confluence with +59 +60 Township of Hopewell. the Delaware River. Approximately 0.7 mile None +60 downstream of Valley Road. Stony Brook......................... Approximately 75 feet None +147 Borough of Pennington. downstream of Pennington-Rocky Hill Road. Approximately 1,575 None +149 feet upstream of Pennington-Rocky Hill 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 Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Borough of Hopewell Maps are available for inspection at the Hopewell Borough Hall, 4 Columbia Avenue, Hopewell, NJ 08525. Borough of Pennington Maps are available for inspection at Borough Hall, 30 North Main Street, Pennington, NJ 08534. [[Page 68741]] City of Trenton Maps are available for inspection at City Hall, 319 East State Street, Trenton, NJ 08608. Township of Ewing Maps are available for inspection at the Township Municipal Building, 2 Jake Garzio Drive, Ewing, NJ 08628. Township of Hamilton Maps are available for inspection at the Township Municipal Building, 2090 Greenwood Avenue, Hamilton, NJ 08609. Township of Hopewell Maps are available for inspection at the Hopewell Township Municipal Building, 201 Washington Crossing, Titusville, NJ 08560. Township of Robbinsville Maps are available for inspection at the Township Municipal Building, One Washington Boulevard, Robbinsville, NJ 08691. Township of West Windsor Maps are available for inspection at the Township Municipal Building, 271 Clarksville Road, West Windsor, NJ 08550. ---------------------------------------------------------------------------------------------------------------- Nash County, North Carolina, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Cokey Swamp......................... Approximately 90 feet +106 +107 City of Rocky Mount. downstream of Old Wilson Road (Secondary Road 1002). Approximately 1.1 mile None +118 upstream of Old Wilson Road (Secondary Road 1002). Cowlick Creek....................... Just upstream of U.S. +80 +79 City of Rocky Mount. Highway 64. Just downstream of +95 +92 Cortland Avenue. Cypress Creek....................... At the confluence with +170 +171 Unincorporated Areas of the Tar River. Nash County. Approximately 300 feet +170 +171 upstream of Lake Royale Road (Secondary Road 1316). Fishing Creek....................... Just upstream of the +98 +97 Unincorporated Areas of railroad. Nash County. Approximately 50 feet +129 +132 downstream of Ward Road (Secondary Road 1502). Grape Branch........................ Approximately 200 feet +108 +107 City of Rocky Mount, upstream of Beechwood Unincorporated Areas Drive. of Nash County. Approximately 1,100 +110 +107 feet upstream of Beechwood Drive. Indian Branch....................... Approximately 175 feet +71 +70 City of Rocky Mount. downstream of Gay Road (Secondary Road 1268). Approximately 190 feet None +91 upstream of Hunting Lodge Drive. Little Cokey Swamp.................. Approximately 250 feet +92 +93 City of Rocky Mount. downstream of Greenpasture Road (Secondary Road 1141). Approximately 50 feet +129 +130 downstream of Kingston Avenue. Little Cokey Swamp Tributary........ At the confluence with +106 +105 City of Rocky Mount. Little Cokey Swamp. Approximately 200 feet None +126 upstream of South Church Street. Little Creek........................ Approximately 500 feet +198 +199 Town of Middlesex, downstream of the Unincorporated Areas railroad. of Nash County. Approximately 0.5 mile None +278 upstream of Debnam Road. Maple Creek......................... Approximately 0.3 mile +110 +111 City of Rocky Mount, upstream of Bethlehem Unincorporated Areas Road (Secondary Road of Nash County. 1142). Approximately 280 feet None +166 upstream of South Old Carriage Road. Parkers Canal....................... At the confluence with +80 +79 City of Rocky Mount. Cowlick Creek. Approximately 60 feet +96 +98 downstream of Atlantic Avenue. Pig Basket Creek.................... Approximately 900 feet +128 +127 Town of Red Oak, upstream of Red Oak Unincorporated Areas Road (Secondary Road of Nash County. 1003). Approximately 0.4 mile +156 +155 upstream of Taylors Store Road (Secondary Road 1004). Polecat Branch...................... At the confluence with +111 +112 Unincorporated Areas of Maple Creek. Nash County. Approximately 0.8 mile +118 +120 upstream of the confluence with Polecat Branch Tributary. Sapony Creek........................ Approximately 200 feet +133 +132 Unincorporated Areas of upstream of Sandy Nash County. Cross Road (Secondary Road 1717). [[Page 68742]] Approximately 1,550 None +145 feet upstream of NC Highway 58. Stony Creek......................... Approximately 0.5 mile +129 +130 City of Rocky Mount, downstream of Red Oak Town of Nashville, Road (Secondary Road Town of Red Oak. 1003). Just upstream of U.S. +151 +152 Route 64. Swift Creek......................... Approximately 1.8 miles +90 +88 City of Rocky Mount, downstream of the Unincorporated Areas Edgecombe County of Nash County. boundary. At Red Oak Road +130 +131 (Secondary Road 1003). Tar River........................... Approximately 150 feet +132 +133 City of Rocky Mount, downstream of South Town of Spring Hope, Old Carriage Road. Unincorporated Areas of Nash County. At the confluence with +170 +171 Cypress 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 Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Rocky Mount Maps are available for inspection at the Planning Department, 331 South Franklin Street, Rocky Mount, NC 27802. Town of Middlesex Maps are available for inspection at the Town Hall, 10232 South Nash Street, Middlesex, NC 27557. Town of Nashville Maps are available for inspection at the Town Hall, 499 South Barnes Street, Nashville, NC 27856. Town of Red Oak Maps are available for inspection at the Town Hall, 8406 Main Street, Red Oak, NC 27868. Town of Spring Hope Maps are available for inspection at the Town Hall, 118 West Railroad Street, Spring Hope, NC 27882. Unincorporated Areas of Nash County Maps are available for inspection at the Nash County Planning Department, 120 West Washington Street, Suite 2110, Nashville, NC 27856. ---------------------------------------------------------------------------------------------------------------- El Paso County, Texas, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Flow Path 16........................ Just upstream of Donald None +3960 City of El Paso. Drive. Approximately 1,000 +3977 +3975 feet upstream of Rushing Drive. Flow Path Number 27 Playa Drain..... Just upstream of None +3663 City of El Paso. Vocational Drive. Just downstream of None +3699 Clark Drive. Flow Path Number 29................. Just upstream of Del None +3738 City of El Paso. Monte Street. Just downstream of None +3771 Prestcott Drive. Flow Path Number 32................. Just upstream of Barron +3668 +3670 City of El Paso. Road. Just downstream of +3714 +3716 Patrol Drive. Flow Path Number 36................. Just upstream of the +3662 +3666 City of El Paso. confluence with Mesa Spur Drain. Approximately 0.75 mile +3720 +3724 upstream of the confluence with Mesa Spur Drain. Flow Path Number 41................. Approximately 0.37 mile None +3871 City of El Paso. downstream of the confluence of Flow Path Number 41A. Approximately 0.48 mile None +3987 upstream of the confluence of Flow Path Number 41A. Flow Path Number 44................. Approximately 0.67 mile None +3923 Unincorporated Areas of upstream of the El Paso County. confluence of Flow Path Number 43. Approximately 1.04 None +3956 miles upstream of the confluence of Flow Path Number 43. Flow Path Number 45................. Approximately 0.57 mile None +3783 Town of Vinton, downstream of the Unincorporated Areas confluence of Flow of El Paso County. Path Number 45A. Approximately 1.50 None +4515 miles upstream of the confluence of Flow Path Number 45B. [[Page 68743]] Horizon Arroyo Stream 2............. Approximately 65 feet +3752 +3747 Unincorporated Areas of downstream of I-10 El Paso County. (Frontage Road). Just downstream of +3888 +3892 Access 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 Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of El Paso Maps are available for inspection at City Hall, 2 Civic Center Plaza, El Paso, TX 79901. Town of Vinton Maps are available for inspection at 436 East Vinton Road, Vinton, TX 79821. Unincorporated Areas of El Paso County Maps are available for inspection at 500 East San Antonio Street, Room 407, El Paso, TX 79901. ---------------------------------------------------------------------------------------------------------------- Bayfield County, Wisconsin, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Lake Superior....................... Entire shoreline within None +605 City of Bayfield, City community. of Washburn, Red Cliff Band of Lake Superior Chippewa, Unincorporated Areas of Bayfield County. Lower Eau Claire Lake............... Entire shoreline within None +1124 Unincorporated Areas of community. Bayfield County. Middle Eau Claire Lake.............. Entire shoreline within None +1128 Unincorporated Areas of community. Bayfield County. Namekagon Lake...................... Entire shoreline within None +1398 Unincorporated Areas of community. Bayfield County. Upper Eau Claire Lake............... Entire shoreline within None +1137 Unincorporated Areas of community. Bayfield County. ---------------------------------------------------------------------------------------------------------------- * 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 Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Bayfield Maps are available for inspection at 125 South 1st Street, Bayfield, WI 54814. City of Washburn Maps are available for inspection at 119 Washington Avenue, Washburn, WI 54891. Red Cliff Band of Lake Superior Chippewa Maps are available for inspection at 88385 State Highway 13, Bayfield, WI 54814. Unincorporated Areas of Bayfield County Maps are available for inspection at 117 East 5th Street, Washburn, WI 54891. ---------------------------------------------------------------------------------------------------------------- [[Page 68744]] (Catalog of Federal Domestic Assistance No. 97.022, ``Flood Insurance.'') Dated: October 29, 2010. Sandra K. Knight, Deputy Federal Insurance and Mitigation Administrator, Mitigation, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. 2010-28224 Filed 11-8-10; 8:45 am] BILLING CODE 9110-12-P