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Proposed Rule

Proposed Flood Elevation Determinations

Document Details

Information about this document as published in the Federal Register.

Published Document

This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.

Start Preamble

AGENCY:

Federal Emergency Management Agency (FEMA), Emergency Preparedness and Response Directorate, Department of Homeland Security.

ACTION:

Proposed rule.

SUMMARY:

Technical information or comments are requested on the proposed Base (1% annual chance) Flood Elevations (BFEs) and proposed BFE modifications for the communities listed below. The BFEs are the basis for the floodplain management measures that the community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).

DATES:

The comment period is ninety (90) days following the second publication of this proposed rule in a newspaper of local circulation in each community.

ADDRESSES:

The proposed BFEs for each community are available for inspection at the office of the Chief Executive Officer of each community. The respective addresses are listed in the table below.

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FOR FURTHER INFORMATION CONTACT:

Doug Bellomo, P.E., Hazard Identification Section, Emergency Preparedness and Response Directorate, FEMA, 500 C Street SW., Washington, DC 20472, (202) 646-2903.

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SUPPLEMENTARY INFORMATION:

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 base flood 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 are also used to calculate the appropriate flood insurance premium rates for new buildings built after these elevations are made final, and for the contents in these buildings.

National Environmental Policy Act

This proposed rule is categorically excluded from the requirements of 44 CFR Part 10, Environmental Consideration. No environmental impact assessment has been prepared.

Regulatory Flexibility Act

The Mitigation Division Director of the Emergency Preparedness and Response Directorate certifies that this proposed rule is exempt from the requirements of the Regulatory Flexibility Act because proposed or modified BFEs are required by the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and are required to establish and maintain community eligibility in the NFIP. As a result, a regulatory flexibility analysis has not been prepared.

Regulatory Classification

This proposed rule is not a significant regulatory action under the criteria of Section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735.

Executive Order 12612, Federalism

This proposed rule involves no policies that have federalism implications under Executive Order 12612, Federalism, dated October 26, 1987.

Executive Order 12778, Civil Justice Reform

This proposed rule meets the applicable standards of Section 2(b)(2) of Executive Order 12778.

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List of Subjects in 44 CFR Part 67

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Accordingly, 44 CFR Part 67 is proposed to be amended as follows:

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PART 67—[AMENDED]

1. The authority citation for Part 67 continues to read as follows:

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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.

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[Amended]

2. The tables published under the authority of § 67.4 are proposed to be amended as follows:

Source of floodingLocation#Depth in feet above ground. *Elevation in feet (NGVD) •Elevation in feet (NAVD)Communities affected
ExistingModified
FLORIDA
Pinellas County
Stevenson CreekJust upstream of Douglas Avenue•11•10Pinellas County (Unincorporated Areas), City of Clearwater, City of Largo.
Approximately 350 feet upstream of Southridge DriveNone•42
Spring BranchJust upstream of Overbrook Road•11•10Pinellas County (Unincorporated Areas), City of Clearwater.
Approximately 1,500 feet upstream of Highland AvenueNone•28
Flagler Drive TributaryAt the confluence with Stevenson Creek•15•14Pinellas County (Unincorporated Areas), City of Clearwater.
Approximately 1,250 feet upstream of Keene RoadNone•62
Jeffords Street TributaryAt Jeffords Street•26•27Pinellas County (Unincorporated Areas), City of Clearwater.
Approximately 650 feet upstream of Woodcrest AvenueNone•34
Ponding Area No. 1Approximately 250 feet northeast of the intersection of Douglas Avenue and Iva Street in the area of Woodlawn Terrace and Idlewood DriveNone•21City of Clearwater.
Crest LakeApproximately 500 feet northeast of the intersection of Gulf-to-Bay Boulevard and Glenwood AvenueNone•69City of Clearwater.
Ponding Area No. 15Approximately 350 feet southwest of the intersection of South Missouri Avenue and Belleair Road and 350 feet northeast of the intersection of Ponce De Leon Boulevard and Greenwood AvenueNone•62Pinellas County (Unincorporated Areas), City of Clearwater.
Ponding Area No. 2At the intersection of Druid Road and Duncan AvenueNone•61City of Clearwater.
Hammond CreekAt the confluence with Stevenson Creek•11•10Pinellas County (Unincorporated Areas), City of Clearwater.
Approximately 325 feet upstream of Highland AvenueNone•28
Ponding Area No. 3Approximately 150 feet northeast of the intersection of Keene Road and Magnolia DriveNone•46Pinellas County (Unincorporated Areas), City of Clearwater.
Ponding Area No. 4Approximately 150 feet southwest of the intersection of Keene Road and Magnolia DriveNone•43Pinellas County (Unincorporated Areas).
Ponding Area No. 5Approximately 50 feet southeast of the intersection of Keene Road and Magnolia DriveNone•42Pinellas County (Unincorporated Areas).
Lake RhondaApproximately 100 feet southeast of the intersection of Magnolia Drive and Keene RoadNone•35Pinellas County (Unincorporated Areas).
Ponding Area No. 6Approximately 100 feet southwest of the intersection of Highland Avenue and Belleair RoadNone•47Pinellas County (Unincorporated Areas), City of Clearwater.
Ponding Area No. 7Approximately 500 feet northeast of the intersection of Missouri Avenue and Bellevue BoulevardNone•61City of Clearwater.
Ponding Area No. 8Approximately 1,000 feet southeast of the intersection of Lakeview Road and Evergreen Drive in the vicinity of Byron CourtNone•36City of Clearwater.
Clearview LakeApproximately 1,000 feet northwest of Sunset Point Road and Keene RoadNone•57City of Clearwater.
Ponding Area No. 9At the intersection of North Greenwood Avenue and Palmetto StreetNone•20City of Clearwater.
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Lake Bellevue Area No. 1Approximately 1,000 feet northeast of the intersection of Lakeview Road and Greenwood AvenueNone•39City of Clearwater.
Lake Bellevue Area No. 2Approximately 500 feet north of the intersection of Lakeview Road and Greenwood AvenueNone•40City of Clearwater.
Lake Bellevue Area No. 3Approximately 250 feet northwest of the intersection of Lakeview Road and Greenwood AvenueNone•41City of Clearwater.
Lake Bellevue Area No. 4Approximately 250 feet southwest of the intersection of Lakeview Road and Greenwood AvenueNone•42City of Clearwater.
Lake Bellevue Area No. 5Approximately 1,500 feet southwest of the intersection of Lakeview Road and Greenwood AvenueNone•43City of Clearwater.
Lake Bellevue Area No. 6Approximately 600 feet north of the intersection of Woodlawn Avenue and South Myrtle AvenueNone•44City of Clearwater.
Lake Bellevue Area No. 7Approximately 400 feet north of the intersection of Woodlawn Avenue and South Myrtle AvenueNone•45City of Clearwater.
Lake Bellevue Area No. 8Approximately 250 feet north of the intersection of Woodlawn Avenue and South Myrtle AvenueNone•46City of Clearwater.
Lake Bellevue Area No. 9Approximately 100 feet north of the intersection of Woodlawn Avenue and South Myrtle AvenueNone•47City of Clearwater.
Lake Bellevue Area No. 10Approximately 100 feet south of the intersection of Woodlawn Avenue and South Myrtle Avenue 2None•50City of Clearwater.
Lake Bellevue Area No. 11Approximately 500 feet south of the intersection of Woodlawn Avenue and South Myrtle Avenue 2None•51City of Clearwater.
Lake Bellevue Area No. 12Approximately 100 feet south of the intersection of Howard Street and South Myrtle Avenue 2None•53City of Clearwater.
Lake Bellevue Area No. 13Approximately 250 feet south of the intersection of Howard Street and South Myrtle Avenue 2None•54City of Clearwater.
Lake Bellevue Area No. 14Approximately 350 feet south of the intersection of Howard Street and South Myrtle Avenue 2None•55City of Clearwater.
Lake Bellevue Area No. 15Approximately 250 feet northeast of the intersection of Belleair Road and South Myrtle Avenue 2None•56City of Clearwater.
Lake Bellevue Area No. 16Approximately 500 feet southeast of the intersection of Belleair Road and South Myrtle Avenue 2None•57Pinellas County (Unincorporated Areas), City of Clearwater.
Hobart LakeApproximately 200 feet southwest of the intersection of Casler Avenue and Palmetto StreetNone•67City of Clearwater.
Ponding Area No. 10Approximately 1,000 feet west of Keene Road and 150 feet north of Hobart LakeNone•66City of Clearwater.
Lake LucilleApproximately 100 feet southeast of the intersection of Sherwood Street and Nelson AvenueNone•60City of Clearwater.
Ponding Area No. 11Approximately 700 feet west of the intersection of Sherwood Street and Keene RoadNone•64City of Clearwater.
St. Andrews LakeApproximately 1,000 feet northeast of the intersection of Airport Drive and Keene RoadNone•68City of Clearwater.
Ponding Area No. 13At the intersection of North Madison Avenue and Carlton StreetNone•16City of Clearwater.
Ponding Area No. 14Generally following the southern side of CSX Transportation Railroad tracks in the area where North Greenwood Avenue intersects with Plaza StreetNone•24City of Clearwater.
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Highland LakeApproximately 200 feet southwest of the intersection of Valencia Street and Lake AvenueNone•47Pinellas County (Unincorporated Areas).
Ponding Area No. 16Approximately 3,000 feet northwest of intersection of Marilyn Street and Hercules AvenueNone•68City of Clearwater.
Ponding Area No. 17Approximately 1,500 feet northwest of the intersection of Marilyn Street and Hercules AvenueNone•69City of Clearwater.
Ponding Area No. 12At the intersection of Palmetto Street and Pennsylvania AvenueNone•21City of Clearwater.
City of Clearwater
Maps available for inspection at the City of Clearwater Engineering Department, 100 South Myrtle Avenue, Suite 220, Clearwater, Florida.
Send comments to The Honorable Brian Aungst, Mayor of the City of Clearwater, offices of the City Commission, P.O. Box 4748, Clearwater, Florida 33758-4748.
City of Largo
Maps available for inspection at the Largo City Hall, 201 Highland Avenue, Largo, Florida.
Send comments to The Honorable Robert Jackson, Mayor of the City of Largo, Largo City Hall, 201 Highland Avenue, Largo, Florida 33770.
Pinellas County (Unincorporated Areas)
Maps available for inspection at the Pinellas County Building, 315 Court Street, Clearwater, Florida.
Send comments to Mr. Stephen Spratt, Pinellas County Administrator, 315 Court Street, Clearwater, Florida 33756.
NEW JERSEY
Union County
Rahway RiverAt a point immediately upstream of Lawrence Street*10*9City of Rahway, Townships of Clark, Cranford, Springfield, Union, Winfield, Borough of Kenilworth.
Approximately 400 feet downstream of Springfield Avenue*90*91
Black BrookAt the confluence with Rahway River*74*75Borough of Kenilworth, Township of Union.
Approximately 180 feet downstream of Springfield Road*74*75
Branch 10-30-1At the confluence with Drainage Ditch*71*75Borough of Kenilworth.
Approximately 350 feet upstream of Lafayette Place*74*75
College BranchAt the confluence with Rahway River*70*72Township of Cranford.
At a point immediately upstream of Springfield Avenue*70*72
Drainage DitchAt the confluence with Rahway River*71*73Borough of Kenilworth, Township of Springfield.
At the confluence of Branch 10-30-1*71*75
Gallows Hill Road BranchAt the confluence with Rahway River*69*71Township of Cranford.
Approximately 350 feet upstream of Pittsfield Street*70*71
Garwood BrookAt the confluence with Rahway River*68*70Township of Cranford.
Approximately 250 feet upstream of West Holly Street*69*70
Nomahegan BrookAt the confluence with Rahway River*73*74Townships of Cranford and Springfield, Town of Westfield.
Approximately 580 feet downstream of Springfield Avenue*73*74
Robinsons BranchAt the confluence with Rahway River*15*14City of Rahway, Town of Westfield, Township of Clark.
At the confluence of Robinsons Branch*51*50
South BranchAt the confluence with Rahway River*11*9City of Rahway.
Approximately 100 feet upstream of East Inman Avenue*11*10
Stream 10-30At the confluence with Drainage Ditch*71*74Borough of Kenilworth.
Approximately 100 feet downstream of Willshire Drive*73*74
Vauxhall BranchAt the confluence with Rahway River*90*91Township of Union.
At Liberty Avenue*90*91
Cedar BrookAt Terrill RoadNone*131Borough of Fanwood.
A point immediately upstream of Willow AvenueNone*141
Vauxhall Sub BranchAt the confluence with Vauxhall Branch*90*91Township of Union.
At Interstate 78*90*91
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West BranchAt the confluence with Elizabeth River*43*42Township of Union.
Approximately 1,400 feet upstream of Garden State Parkway entrance rampNone*60
Lightning BrookAt the confluence with Elizabeth River*56*55Township of Union.
Approximately 950 feet downstream of Union Avenue*56*55
Elizabeth RiverAt Trotters Lane*27*18Townships of Union and Hillside.
Approximately 1,050 feet upstream of Union Avenue*67*68
Trotters Lane BranchAt Morris AvenueNone*27City of Elizabeth.
Approximately 300 feet downstream of North AvenueNone*28
Kings CreekA point immediately upstream of Barnett StreetNone*10City of Rahway.
Approximately 1,000 feet upstream of Lower Road to RahwayNone*13
East Branch Rahway RiverApproximately 450 feet upstream of the confluence with Rahway River*90*91Townships of Union and Springfield.
Approximately 2,800 feet downstream of Vauxhall Road*90*91
Kings CreekApproximately 715 feet downstream of U.S. Route 9*14#1City of Linden.
Just downstream of U.S. Route 9*16#1
Township of Clark
Maps available for inspection at the Clark Township Engineer's Office, Municipal Building, 430 Westfield Avenue, Clark, New Jersey.
Send comments to The Honorable Salvatore Bonaccorso, Mayor of the Township of Clark, Municipal Building, 430 Westfield Avenue, Clark, New Jersey 07066-1590.
Township of Cranford
Maps available for inspection at the Cranford Township Engineer's Office, Municipal Building, 8 Springfield Avenue, Cranford, New Jersey.
Send comments to The Honorable Barbara A. Bilger, Mayor of the Township of Cranford, Municipal Building, 8 Springfield Avenue, Cranford, New Jersey 07016-2199.
City of Elizabeth
Maps available for inspection at the Elizabeth City Engineer's Office, 50 Winfield Scott Plaza, Elizabeth, New Jersey.
Send comments to The Honorable J. Christian Bollwage, Mayor of the City of Elizabeth, City Hall, 50 Winfield Scott Plaza, Elizabeth, New Jersey 07201.
Borough of Fanwood
Maps available for inspection at the Fanwood Borough Engineer's Office, 75 North Martine Avenue, Fanwood, New Jersey.
Send comments to The Honorable Colleen Mahr, Mayor of the Borough of Fanwood, 75 North Martine Avenue, Fanwood, New Jersey 07023-1397.
Township of Hillside
Maps available for inspection at the Hillside Township Engineer's Office, JFK Plaza, Hillside and Liberty Avenue, Hillside, New Jersey.
Send comments to The Honorable Karen McCoy Oliver, Mayor of the Township of Hillside, JFK Plaza, Hillside and Liberty Avenue, Hillside, New Jersey 07205.
Borough of Kenilworth
Maps available for inspection at the Kenilworth Borough Engineer's Office, Municipal Building, 567 Boulevard, Kenilworth, New Jersey.
Send comments to The Honorable Gregg David, Mayor of the Borough of Kenilworth, Municipal Building, 567 Boulevard, Kenilworth, New Jersey 07033-1699.
City of Linden
Maps available for inspection at the Linden City Engineer's Office, Municipal Building, 301 North Wood Avenue, Linden, New Jersey.
Send comments to The Honorable John T. Gregorio, Mayor of the City of Linden, Municipal Building, 301 North Wood Avenue, Linden, New Jersey 07036.
City of Rahway
Maps available for inspection at the Rahway City Engineer's Office, 1 City Hall Plaza, Rahway, New Jersey 07065.
Send comments to The Honorable James J. Kennedy, Mayor of the City of Rahway, 1 City Hall Plaza, Rahway, New Jersey 07065.
Township of Springfield
Maps available for inspection at the Springfield Township Engineer's Office, Municipal Building, 100 Mountain Avenue, Springfield, New Jersey.
Send comments to The Honorable Clara T. Harelik, Mayor of the Township of Springfield, Municipal Building, 100 Mountain Avenue, New Jersey 07081.
Township of Union
Maps available for inspection at the Union Township Engineer's office, Municipal Building, 1976 Morris Avenue, Union, New Jersey.
Send comments to The Honorable Anthony Terrezza, Mayor of the Township of Union, Municipal Building, 1976 Morris Avenue, Union, New Jersey 07083-3579.
Town of Westfield
Maps available for inspection at the Westfield Town Engineer's Office, Municipal Building, 425 East Broad Street, Westfield, New Jersey.
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Send comments to The Honorable Gregory McDermott, Mayor of the Town of Westfield, Municipal Building, 425 East Broad Street, Westfield, New Jersey 07090.
Township of Winfield
Maps available for inspection at the Winfield Township Municipal Building, 12 Gulfstream Avenue, New Jersey.
Send comments to The Honorable Norman Whitehouse, Jr., Mayor of the Township of Winfield, 12 Gulfstream Avenue, Winfield, New Jersey 07036.
SOUTH CAROLINA
Florence County
Lynches RiverApproximately 0.8 mile upstream of North Jones Road and U.S. Highway 301None*99Florence County (Unincorporated Areas).
Approximately 800 feet downstream of Interstate Highway 95None*120
Sparrow SwampJust upstream of W.J. Albert Sims StreetNone*126Town of Timmonsville.
Approximately 1,100 feet upstream of W.J. Albert Sims StreetNone*126
Middle SwampState Highway 51/Pamplico HighwayNone*79Florence County (Unincorporated Areas), City of Florence.
Approximately 0.70 mile upstream of State Highway 51/Pamplico HighwayNone*80
Jeffries CreekApproximately 2,890 feet downstream of the confluence of Pye BranchNone*80Florence County (Unincorporated Areas), City of Florence.
Approximately 1,200 feet downstream of South Cashua DriveNone*95
Florence County (Unincorporated Areas)
Maps available for inspection at the Florence County Planning Department, 218 West Evans Street, Florence, South Carolina.
Send comments to Mr. Joe W. King, Florence County Administrator, 180 North Irby Street MSC-G, Florence, South Carolina 29501.
City of Florence
Maps available for inspection at the Florence City Hall, Planning Department, Drawer AA City-County Complex, 180 North Irby Street, Florence, South Carolina.
Send comments to The Honorable Frank Willis, Mayor of the City of Florence, Drawer AA City-County Complex, 180 North Irby Street, Florence, South Carolina 29501.
Town of Timmonsville
Maps available for inspection at the Timmonsville Town Hall, 115 East Main Street, Timmonsville, South Carolina.
Send comments to The Honorable Henry Peoples, Mayor of the Town of Timmonsville, P.O. Box 447, Timmonsville, South Carolina 29161-0447.
WEST VIRGINIA
Cabell County and City of Huntington
Ohio RiverAt the downstream county boundary*551•550Cabell County (Unincorporated Areas), City of Huntington.
Approximately 8 miles upstream of confluence of Goose Run*560•561
Fourpole CreekApproximately 200 feet upstream of the Ohio River*539•538Cabell County (Unincorporated Areas), City of Huntington.
Approximately 2,400 feet upstream of Prices Creek RoadNone•703
Indian ForkApproximately 1,160 feet upstream of confluence with Mud CreekNone•587Cabell County (Unincorporated Areas).
Approximately 250 feet upstream of Ridge Run RoadNone•640
Kilgore CreekAt the confluence with Indian ForkNone•587Cabell County (Unincorporated Areas).
Approximately 500 feet upstream of the confluence of Little CreekNone•611
Lee CreekAt the confluence with Kilgore CreekNone•590Cabell County (Unincorporated Areas).
Approximately 6,500 feet upstream of Interstate Route 64None•660
Charley CreekApproximately 1,820 feet upstream of confluence with Mud CreekNone•602Cabell County (Unincorporated Areas).
Approximately 2,250 feet downstream of Wolfpen Hollow RoadNone•615
Little CreekAt the confluence with Kilgore CreekNone•610Cabell County (Unincorporated Areas).
Approximately 750 feet upstream of the confluence with Kilgore CreekNone•611
Arlington Boulevard TributaryBackwater area along Norwood RoadNone•613Cabell County (Unincorporated Areas).
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At the confluence with Guyandotte RiverNone•554
Approximately 150 feet downstream of Arlington BoulevardNone•554
Grapevine BranchAt the confluence with Fourpole CreekNone•590Cabell County (Unincorporated Areas), City of Huntington.
Approximately 1,050 feet upstream of the confluence with Fourpole CreekNone•590
Cabell County (Unincorporated Areas)
Maps available for inspection at the Cabell County office of Grants, Planning and Permits, Cabell County Courthouse, Room 314, Huntington, West Virginia.
Send comments to Ms. Nancy Cartmill, President of the Cabell County Commission, 750 Fifth Avenue, Suite 300, Huntington, West Virginia 25701.
City of Huntington
Maps available for inspection at the City of Huntington Department of Development and Planning, 800 Fifth Street, Room 14, Huntington, West Virginia.
Send comments to The Honorable David Felinton, Mayor of the City of Huntington, P.O. Box 1659, Huntington, West Virginia 25717.
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(Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”)

Dated: August 10, 2004.

David I. Maurstad,

Acting Director, Mitigation Division, Emergency Preparedness and Response Directorate.

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[FR Doc. 04-18693 Filed 8-13-04; 8:45 am]

BILLING CODE 9110-12-P