[Federal Register Volume 76, Number 74 (Monday, April 18, 2011)] [Proposed Rules] [Pages 21695-21699] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2011-9345] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-B-1189] 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 proposed rule 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 July 18, 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-1189, 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: [[Page 21696]] 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 ---------------------------------------------------------------------------------------------------------------- Madison County, Alabama, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Aldridge Creek Tributary 1.......... Approximately 1,700 None +579 City of Huntsville. feet downstream of Chaney Thompson Road. At the downstream side None +618 of Chunn Road. Aldridge Creek Tributary 10......... Approximately 0.4 mile None +606 City of Huntsville. downstream of Bailey Cove Road Southeast. Approximately 270 feet None +691 downstream of Cross Creek Road Southeast. Aldridge Creek Tributary 12......... At the downstream side None +622 City of Huntsville. of Airport Road. Approximately 1,400 None +719 feet downstream of Four Mile Post Road. Aldridge Creek Tributary 17......... Approximately 1,000 None +662 City of Huntsville. feet downstream of Toney Drive Southeast. Approximately 70 feet None +891 downstream of Deborah Drive Southeast. Aldridge Creek Tributary 8.......... Approximately 500 feet None +595 City of Huntsville. downstream of Bailey Cove Road Southeast. At the downstream side None +707 of Box Canyon Road Southeast. Aldridge Creek Tributary 9.......... Approximately 270 feet None +596 City of Huntsville. downstream of Bailey Cove Road Southeast. At the upstream side of None +700 Vista Drive Southeast. Barren Fork Creek................... At the Indian Creek None +569 City of Huntsville, confluence. Town of Triana, Unincorporated Areas of Madison County. At the Betts Spring None +571 Branch and Bradford Creek confluence. Big Cove Creek...................... Approximately 700 feet +600 +599 City of Huntsville, downstream of the Hays Unincorporated Areas Preserve Trail. of Madison County. Approximately 0.8 mile None +686 upstream of Dug Hill Road. Big Cove Creek Tributary............ At the Big Cove Creek None +657 City of Huntsville, confluence. Unincorporated Areas of Madison County. Approximately 0.7 mile None +677 upstream of the Big Cove Creek confluence. Blue Spring Creek................... Approximately 400 feet +666 +667 City of Huntsville. downstream of Timbercrest Drive Northwest. Approximately 110 feet +750 +751 upstream of Pulaski Pike Northwest. Bradford Creek...................... Approximately 1,300 None +645 City of Madison, feet upstream of Unincorporated Areas Palmer Road. of Madison County. Approximately 1,400 None +705 feet upstream of Gillespie Road. Bradford Creek Tributary............ At the Bradford Creek None +676 City of Madison, confluence. Unincorporated Areas of Madison County. At the downstream side None +702 of Brownsville Ferry Road. Broglan Branch...................... Approximately 630 feet +608 +605 City of Huntsville. downstream of Governors Drive Southwest. Approximately 100 feet None +728 downstream of Mastin Lake Road. Broglan Branch Tributary A.......... Approximately 140 feet None +647 City of Huntsville. downstream of Oster Drive. Approximately 0.5 mile None +682 upstream of Commercial Drive. Broglan Branch Tributary B.......... Approximately 520 feet None +709 City of Huntsville. downstream of Nevel Drive. At the downstream side None +732 of Kyle Lane. Buckhorn Branch..................... Approximately 0.9 mile None +688 Unincorporated Areas of downstream of Shady Madison County. Oak Drive. Approximately 1,040 None +766 feet upstream of Maysville Road. [[Page 21697]] Dallas Branch....................... Approximately 580 feet +629 +628 City of Huntsville. downstream of Washington Street. Approximately 210 feet None +837 upstream of Saddletree Boulevard. Dallas Branch Bypass................ Approximately 1,800 +619 +617 City of Huntsville. feet downstream of Church Street. Approximately 540 feet +641 +642 upstream of Dickson Street Northeast. Dallas Branch Tributary A........... Approximately 370 feet None +647 City of Huntsville. downstream of Halsey Avenue Northeast. Approximately 300 feet None +695 upstream of Vinyard Street Northeast. Dry Creek 1......................... Approximately 1,680 +665 +664 City of Huntsville. feet downstream of Brandon Town Road. At the downstream side None +749 of Blake Bottom Road Northwest. Dry Creek 1 Tributary A............. Approximately 500 feet None +695 City of Huntsville. downstream of Sparkman Drive Northwest. Approximately 220 feet None +746 upstream of Campus Road. Dry Creek 1 Tributary B............. Approximately 170 feet None +709 City of Huntsville. downstream of Dry Creek Drive Northwest. Approximately 380 feet None +736 upstream of Terrell Drive Northwest. East Fork Pinhook Creek............. Approximately 1,300 +680 +679 City of Huntsville. feet downstream of Medaris Road. Approximately 450 feet None +748 upstream of Spragins Hollow Road Northwest. East Fork Pinhook Creek Tributary A. Approximately 1,820 None +701 City of Huntsville. feet downstream of Ricky Road. Approximately 0.4 mile None +738 upstream of Ricky Road. Fagan Creek......................... Approximately 710 feet +610 +608 City of Huntsville. downstream of Monroe Street. Approximately 0.7 mile None +719 upstream of Telfair Drive Southeast. Flint River......................... Approximately 300 feet None +673 Unincorporated Areas of upstream of Winchester Madison County. Road Northeast. Approximately 3.0 miles None +767 upstream of Carriger Road. Glover Cove Creek................... Approximately 0.5 mile None +587 Town of Owens Cross downstream of Old Roads, Unincorporated Highway 431. Areas of Madison County. Approximately 750 feet None +627 upstream of Old Gurley Pike. Huntsville Spring Branch............ Approximately 890 feet +594 +593 City of Huntsville, downstream of Drake Unincorporated Areas Avenue. of Madison County. At the downstream side +609 +608 of Williams Avenue Southwest. Hurricane Creek..................... Approximately 0.9 mile None +612 Town of Gurley, downstream of Little Unincorporated Areas Cove Road. of Madison County. Approximately 1,020 None +663 feet downstream of County Lake Road. Indian Creek........................ Approximately 0.8 mile None +606 City of Huntsville, downstream of I-565. Unincorporated Areas of Madison County. Approximately 0.6 mile None +712 upstream of Old Monrovia Road Northwest. Knox Creek.......................... At the upstream side of None +657 City of Huntsville, Dupree Worthey Road. Unincorporated Areas of Madison County. Approximately 0.4 mile +730 +732 downstream of Wall Triana Highway. Limestone Creek..................... Approximately 0.8 mile None +649 City of Huntsville. upstream of Lee Highway. Approximately 1.6 miles None +672 upstream of Capshaw Road. Lollar Branch....................... Approximately 0.8 mile None +684 Unincorporated Areas of downstream of Madison County. Winchester Road. Approximately 1.3 miles None +786 upstream of Maysville Road. [[Page 21698]] McDonald Creek...................... Approximately 1,950 None +581 City of Huntsville, feet downstream of Unincorporated Areas Centaur Boulevard of Madison County. Southwest. Approximately 70 feet None +692 upstream of Galaxy Way. Mill Creek Tributary................ Approximately 0.9 mile None +677 City of Madison. downstream of Bridgefield Road. At the downstream side None +749 of Millsford Drive. Miller Branch....................... Approximately 1,700 +571 +570 City of Huntsville, feet downstream of Unincorporated Areas Wall Triana Highway. of Madison County. Approximately 0.6 mile None +574 downstream of County Road 127. Molder Branch....................... Approximately 2.2 miles None +658 Unincorporated Areas of downstream of Bob Madison County. Stiles Road. At the downstream side None +680 of Bob Stiles Road. Moore Branch........................ Approximately 1.1 miles None +590 City of Madison. downstream of Powell Road. Approximately 0.4 mile None +603 downstream of Powell Road. Mountain Brook Branch............... Approximately 1,100 +647 +651 City of Huntsville. feet downstream of Clermont Drive. Approximately 1,700 None +735 feet upstream of Darnell Street Southeast. Mountain Fork....................... Approximately 0.5 mile None +692 Unincorporated Areas of downstream of Oscar Madison County. Patterson Road. Approximately 470 feet None +774 upstream of Mountain Fork Road. Normal Branch....................... Approximately 1,100 None +643 City of Huntsville. feet downstream of Max Luther Drive Northwest. Approximately 130 feet None +737 upstream of Winchester Road. Normal Branch Diversion............. At the Normal Branch None +637 City of Huntsville. confluence. At the Pinhook Creek None +643 confluence. Normal Branch Tributary A........... Approximately 950 feet None +667 City of Huntsville, downstream of Mastin Unincorporated Areas Lake Road Northwest. of Madison County. Approximately 910 feet None +748 upstream of Hi-Lo North Circle. Oakland Spring Branch............... At the upstream side of None +612 City of Madison. Powell Road. At the downstream side None +631 of Ferry Road. Peevey Creek........................ Approximately 1.5 miles None +606 City of Huntsville, downstream of the Unincorporated Areas Eastern Bypass. of Madison County. Approximately 600 feet None +638 downstream of Ripple Lane. Pinhook Creek....................... At the downstream side +611 +610 City of Huntsville. of Williams Avenue Southwest. Approximately 460 feet +703 +701 downstream of Winchester Road Northwest. Pinhook Creek Tributary A........... Approximately 800 feet None +639 City of Huntsville. downstream of Memorial Parkway Northwest. At the downstream side None +733 of Pulaski Pike. Pinhook Creek Tributary C........... Approximately 0.5 mile None +703 City of Huntsville. downstream of Pulaski Pike. Approximately 800 feet None +738 upstream of Pulaski Pike. Sherwood Branch..................... Approximately 800 feet +636 +630 City of Huntsville, downstream of Old Unincorporated Areas Madison Pike Northwest. of Madison County. Approximately 300 feet None +707 downstream of Old Monrovia Road Northwest. Swan Pond........................... Approximately 3.7 miles None +569 City of Huntsville, downstream of Zierdt Unincorporated Areas Road. of Madison County. Approximately 0.9 mile None +571 upstream of Zierdt Road. Tributary 1 To Indian Creek......... Approximately 1,500 +616 +619 City of Huntsville, feet downstream of City of Madison, Slaughter Road. Unincorporated Areas of Madison County. Approximately 600 feet +712 +710 upstream of Cherry Road. Tributary 1 to Dry Creek 2.......... Approximately 300 feet +708 +710 City of Huntsville, downstream of Johns Unincorporated Areas Road Northwest. of Madison County. At the downstream side +749 +751 of Ralph Road. [[Page 21699]] Tributary 2 to Indian Creek......... At the Indian Creek +674 +675 City of Huntsville, confluence. Unincorporated Areas of Madison County. Approximately 0.7 mile +699 +700 upstream of the Indian Creek confluence. Tributary 3 to Indian Creek......... Approximately 0.4 mile +699 +700 City of Huntsville, downstream of Jeff City of Madison, Road Northwest. Unincorporated Areas of Madison County. At the downstream side None +811 of Woodland Trail. Unnamed Tributary to Sherwood Branch Approximately 1,840 None +687 City of Huntsville, feet downstream of Unincorporated Areas Enterprise Way. of Madison County. Approximately 730 feet None +706 upstream of Wayne Road Northwest. West Fork Pinhook Creek............. Approximately 1,940 +678 +679 City of Huntsville. feet downstream of Medaris Road Northwest. At the downstream side None +767 of Pulaski Pike. West Fork Pinhook Tributary A....... Approximately 0.5 mile None +732 City of Huntsville. downstream of Sturbridge Drive. Approximately 110 feet None +799 upstream of Green Meadow Road Northwest. ---------------------------------------------------------------------------------------------------------------- * 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 Huntsville Maps are available for inspection at 320 Fountain Circle, 2nd Floor, Huntsville, AL 35801. City of Madison Maps are available for inspection at 100 Hughes Road, Madison, AL 35758. Town of Gurley Maps are available for inspection at 235 Walker Street, Gurley, AL 35748. Town of Owens Cross Roads Maps are available for inspection at 2965 Old Highway 431, Owens Cross Roads, AL 35763. Town of Triana Maps are available for inspection at 640 6th Street, Madison, AL 35756. Unincorporated Areas of Madison County Maps are available for inspection at the Madison County Engineering Building, 814 Cook Avenue, Huntsville, AL 35801. ---------------------------------------------------------------------------------------------------------------- (Catalog of Federal Domestic Assistance No. 97.022, ``Flood Insurance.'') Dated: April 8, 2011. Sandra K. Knight, Deputy Federal Insurance and Mitigation Administrator, Mitigation, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. 2011-9345 Filed 4-15-11; 8:45 am] BILLING CODE 9110-12-P