[Federal Register Volume 75, Number 238 (Monday, December 13, 2010)] [Proposed Rules] [Pages 77598-77602] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2010-31151] [[Page 77598]] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-B-1167] 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 March 14, 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-1167, to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-4064, or (e-mail) [email protected]. FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-4064, 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)Location of referenced Depth in feet above Flooding source(s) elevation ** ground [caret] Elevation Communities affected in meters (MSL) -------------------------- Effective Modified ---------------------------------------------------------------------------------------------------------------- St. Charles County, Missouri, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Baltic Creek........................ At the confluence with +472 +470 City of Cottleville, Dardenne Creek. City of St. Peters, City of Weldon Spring, Unincorporated Areas of St. Charles County. Approximately 0.7 mile +494 +492 upstream of the confluence with Tributary 7. [[Page 77599]] Boschert Creek...................... At the confluence with +443 +441 City of St. Charles, Cole Creek. Unincorporated Areas of St. Charles County. Approximately 0.6 mile +522 +532 upstream of Sibley Street. Cole Creek.......................... Approximately 0.4 mile +442 +443 City of St. Charles. upstream of the confluence with Boschert Creek. Approximately 800 feet +528 +529 upstream of Graystone Drive. Crooked Creek....................... At the confluence with +476 +475 City of Cottleville, Dardenne Creek. City of O'Fallon, City of Weldon Spring, Unincorporated Areas of St. Charles County. Approximately 0.7 mile None +574 upstream of I[dash]64. Cunningham Branch................... At the confluence with +538 +535 City of O'Fallon, Dardenne Creek. Unincorporated Areas of St. Charles County. Approximately 1,250 None +644 feet upstream of State Highway D. Dardenne Creek...................... Approximately 400 feet +443 +444 City of Cottleville, downstream of Norfolk City of O'Fallon, City Southern Railroad. of St. Peters, Town of Dardenne Prairie, Unincorporated Areas of St. Charles County. Approximately 2.3 miles +752 +748 upstream of Oberhelman Road. East Branch......................... At the confluence with +456 +458 City of St. Peters. Spencer Creek. Spencer Creek....................... Just downstream of +499 +503 Boone Hills Drive. East Branch......................... At the confluence with +481 +480 City of Cottleville, Dardenne Creek. City of O'Fallon, Unincorporated Areas of St. Charles County. Tributary B......................... Approximately 150 feet +516 +525 upstream of State Highway K. East Cole Creek..................... At the confluence with +454 +457 City of St. Charles. Cole Creek. Approximately 600 feet +487 +478 upstream of Canary Lane. Kraut Run........................... At the confluence with +505 +506 Unincorporated Areas of Dardenne Creek. St. Charles County. Approximately 1,000 None +607 feet upstream of Wilson Road. Lake Sainte Louise.................. Entire shoreline within None +546 City of Lake St. Louis, community. Unincorporated Areas of St. Charles County. Little Dardenne Creek............... At the confluence with +553 +554 Dardenne Creek. Approximately 0.9 mile None +719 upstream of Morrison Lane. Oday Creek.......................... At the confluence with +504 +505 City of Lake St. Louis, Dardenne Creek. City of O'Fallon, City of St. Charles, Unincorporated Areas of St. Charles County. Approximately 425 feet None +587 upstream of State Highway N. Old Dardenne Creek.................. At the confluence with +485 +486 City of O'Fallon, City Dardenne Creek. of St. Charles, Town of Dardenne Prairie, Unincorporated Areas of St. Charles County. Approximately 350 feet None +502 upstream of U.S. Route 40/61. Peruque Creek....................... Approximately 0.3 mile +532 +530 City of Foristell, City downstream of State of Wentzville, Highway Z. Unincorporated Areas of St. Charles County. Approximately 1.3 miles None +630 upstream of State Highway T. Peruque Creek....................... At the confluence with None +613 City of Foristell, Peruque Creek. Unincorporated Areas of St. Charles County. Tributary 2......................... Approximately 600 feet None +734 upstream of State Highway T. [[Page 77600]] Peruque Creek....................... Approximately 1.0 mile None +505 City of Lake St. Louis, Tributary 8......................... upstream of the City of Wentzville. confluence with Peruque Creek. Approximately 0.6 mile None +546 upstream of I[dash]70. Peruque Creek....................... Approximately 1.0 mile +504 +505 City of Lake St. Louis, Tributary 9......................... upstream of the Unincorporated Areas confluence with of St. Charles County. Peruque Creek. Approximately 0.4 mile None +539 upstream of Henke Road. Peruque Creek....................... At the confluence with +472 +471 City of St. Paul, Tributary 12........................ Peruque Creek. Unincorporated Areas of St. Charles County. Approximately 0.4 mile None +527 upstream of Meadow Farm Lane. Peruque Creek....................... Approximately 0.2 mile None +464 City of O'Fallon, Tributary 14........................ upstream of the Unincorporated Areas confluence with of St. Charles County. Peruque Creek. Approximately 1,000 None +512 feet upstream of Civic Park Drive. Peruque Creek....................... Approximately 900 feet None +464 City of O'Fallon. Tributary 15........................ upstream of the confluence with Peruque Creek. Approximately 1,300 None +507 feet upstream of Main Street. Sandfort Creek...................... Just downstream of +443 +442 City of St. Charles, Norfolk Southern Unincorporated Areas Railroad. of St. Charles County. Approximately 350 feet None +497 downstream of Muegge Road. Schote Creek........................ At the confluence with +482 +481 City of O'Fallon, Town Dardenne Creek. of Dardenne Prairie, Unincorporated Areas of St. Charles County. Approximately 1.6 miles None +583 upstream of U.S. Route 40/61. Spencer Creek....................... Approximately 365 feet +443 +444 City of St. Peters, upstream of the Unincorporated Areas railroad. of St. Charles County. Approximately 1,200 +525 +526 feet upstream of Millwood Drive. Tributary A......................... At the confluence with +470 +469 City of St. Peters, Dardenne Creek. Unincorporated Areas of St. Charles County. Approximately 500 feet +533 +536 upstream of Starlight Drive. Tributary No. 1..................... At the confluence with +461 +464 City of St. Peters, Dardenne Creek. Unincorporated Areas of St. Charles County. Approximately 400 feet None +473 upstream of Harris Drive. Tributary No. 2..................... Just upstream of Ohmes +466 +465 City of St. Peters. Road. Approximately 0.5 mile None +478 upstream of Ohmes Road. Tributary No. 3..................... At the confluence with +470 +469 Unincorporated Areas of Tributary A. St. Charles County. Approximately 0.8 mile None +503 upstream of St. Peters- Howell Road. Tributary No. 4..................... At the confluence with +470 +469 City of St. Peters, Tributary A. Unincorporated Areas of St. Charles County. Approximately 1,150 None +509 feet upstream of Woodstream Drive. Tributary No. 7..................... At the confluence with +483 +482 City of St. Peters, Baltic Creek. City of Weldon Spring. Approximately 0.8 mile None +504 upstream of Pitmann Hill Road. Tributary No. 9..................... At the confluence with +479 +480 City of Weldon Spring, Crooked Creek. Unincorporated Areas of St. Charles County. Approximately 0.5 mile +496 +497 upstream of Guthermuth Road. Tributary No. 13.................... At the confluence with +485 +486 City of O'Fallon, Town Dardenne Creek. of Dardenne Prairie. Approximately 700 feet +509 +508 upstream of McClure Road. [[Page 77601]] Tributary No. 15.................... At the confluence with +496 +495 City of O'Fallon, Town Dardenne Creek. of Dardenne Prairie, Unincorporated Areas of St. Charles County. Approximately 300 feet None +567 upstream of Keystone Crossing Drive. Tributary No. 17.................... Approximately 0.8 mile None +522 City of O'Fallon, upstream of the Unincorporated Areas confluence with of St. Charles County. Dardenne Creek. Approximately 900 feet None +895 upstream of Hopewell Road. Tributary No. 19.................... Approximately 1,300 +504 +505 Unincorporated Areas of feet upstream of the St. Charles County. confluence with Dardenne Creek. Approximately 2.1 miles None +573 upstream of the confluence with Dardenne Creek. West Branch Spencer Creek........... At the confluence with +453 +450 Unincorporated Areas of Spencer Creek. St. Charles County. Approximately 400 feet None +510 upstream of Willott Road. West Branch Tributary B............. At the confluence with +491 +489 Town of Dardenne East Branch Tributary Prairie. B. Approximately 150 feet None +622 upstream of Bryan Road. West Sandfort Creek................. At the confluence with +451 +450 City of St. Charles, Sandfort Creek. Unincorporated Areas of St. Charles County. Approximately 1,400 +466 +459 feet upstream of Harry S. Truman 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 Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Cottleville Maps are available for inspection at City Hall, 5490 5th Street, Cottleville, MO 63338. City of Foristell Maps are available for inspection at City Hall, 121 Mulberry Street, Foristell, MO 63348. City of Lake St. Louis Maps are available for inspection at City Hall, 200 Civic Center Drive, Lake St. Louis, MO 63367. City of O'Fallon Maps are available for inspection at City Hall, 100 North Main Street, O'Fallon, MO 63366. City of St. Charles Maps are available for inspection at City Hall, 200 North 2nd Street, St. Charles, MO 63301. City of St. Paul Maps are available for inspection at City Hall, 2300 Saint Paul Road, St. Paul, MO 63366. City of St. Peters Maps are available for inspection at City Hall, 1 Saint Peter Centre Boulevard, St. Peters, MO 63376. City of Weldon Spring Maps are available for inspection at City Hall, 5401 Independence Road, Weldon Spring, MO 63304. City of Wentzville Maps are available for inspection at City Hall, 310 West Pearce Boulevard, Wentzville, MO 63385. Town of Dardenne Prairie Maps are available for inspection at the Town Hall, 2032 Hanley Road, Dardenne Prairie, MO 63368. Unincorporated Areas of St. Charles County Maps are available for inspection at the St. Charles County Administrative Building, 201 North 2nd Street, St. Charles, MO 63301. ---------------------------------------------------------------------------------------------------------------- [[Page 77602]] (Catalog of Federal Domestic Assistance No. 97.022, ``Flood Insurance.'') Dated: December 3, 2010. Sandra K. Knight, Deputy Federal Insurance and Mitigation Administrator, Mitigation, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. 2010-31151 Filed 12-10-10; 8:45 am] BILLING CODE 9110-12-P