Skip to Content

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), 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 and modified 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.

Start Further Info

FOR FURTHER INFORMATION CONTACT:

Doug Bellomo, P.E., Hazard Identification Section, Mitigation Division, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-2903.

End Further Info End Preamble Start Supplemental Information

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 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 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 Federal Emergency Management Agency 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. 4104, and are required to establish and maintain community eligibility in the NFIP. No regulatory flexibility analysis has 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 13132, Federalism. This rule involves no policies that have federalism implications under Executive Order 13132.

Executive Order 12988, Civil Justice Reform. This rule meets the applicable standards of Executive Order 12988.

Start List of Subjects

List of Subjects in 44 CFR Part 67

End List of Subjects

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

Start Part Start Printed Page 35236

PART 67—[AMENDED]

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

Start Authority

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.

End Authority
[Amended]

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

StateCity/town/countySource of floodingLocation* Elevation in feet (NGVD)
ExistingModified
TexasBexar County (Uninc. Areas)San Antonio RiverApproximately 500 feet upstream of Rd 3 along River RoadNone* 510
Just downstream of Roosevelt Avenue* 569* 579
Just upstream of Josephine Street* 660* 656
* National Geodetic Vertical Datum.
Maps are available for inspection at Vista Verde Building, Suite 420, 233 North Pecos St., San Antonio, TX 78207.
Send comments to the Honorable Nelson W. Wolf, County Judge, Bexar County Courthouse, 100 Dolorosa, Suite 120, San Antonio, TX 78205.
StateCity/town/countySource of floodingLocation* Elevation in feet (NGVD)
ExistingModified
TexasCity of San Antonio, Bexar CountySan Antonio RiverApproximately 500 feet upstream of Rd 3 along River Road.None* 510
Just downstream of Roosevelt Avenue*569*579
Just upstream of Josephine Street* 660* 656
City of San Antonio, Bexar CountySan Pedro CreekAt the confluence with San Antonio River*592*599
At confluence with Apache Creek (above Rail Road).* 617* 628
Approximately 100 feet downstream of West Myrtle StreetNone* 656
City of San Antonio, Bexar CountySymphony Lane SpillflowAt convergence with San Antonio River* 550* 554
Just upstream of East Pyron Avenue* 554* 558
* National Geodetic Vertical Datum.
Maps are available for inspection at Municipal Plaza, 114 W Commerce St., 7th Floor, San Antonio, TX 78205.
Send comments to The Honorable Ed Garza, Mayor, City Hall, PO Box 839966, San Antonio, TX 78283.
StateCity/town/countySource of floodingLocation+ Elevation in feet (NAVD)
ExistingModified
WYTown of HulettBelle Fourche River0.75 miles downstream of State Highway 24None+3,747
0.48 miles upstream of State Highway 24None+3,754
+North American Vertical Datum.
Maps are available for inspection at: The Town of Hulett.
Send Comments to: The Honorable John McPartland, Mayor, 123 Hill Street, Hulett, Wyoming 82720.
StateCity/town/countySource of floodingLocation* Existing elevation in feet (NGVD) +Modified elevation in feet (NAVD)
ExistingModified
WYCity of SundanceSundance Creek1.9 miles downstream of Sundance PondNone+4,584
Confluence of North Fork and South Fork Sundance Creek.* 4,758* 4,759
North ForkConfluence with Sundance Creek* 4,758+4,759
Sundance Creed800 feet upstream of West Street* 4,804+4,799
South ForkConfluence of North Fork Sundance Creek*4,758+4,759
Sundance Creek350 feet upstream of State Highway 90None+4,792
* National Geodetic Vertical Datum.
+North American Vertical Datum.
Start Printed Page 35237
Maps are available for inspection at: City Hall.
Send Comments to: The Honorable James Miller, Mayor, City of Sundance, 213 Main Street, Sundance, Wyoming 82729.
Flooding source(s)Location of referenced elevation*Elevation in feet (NGVD) +Elevation in feet (NAVD)Communities affected
EffectiveModified
Adams County, Colorado and Incorporated Areas
Basin 410060 feet upstream of Colorado Boulevard*5094+5095Adams County (Uninc. Areas), City of Thorton.
300 feet upstream of Thornton Parkway*5220+5223
Bear GulchConfluence with Box Elder CreekNone+5283Adams County (Uninc. Areas).
Approximately 100 feet downstream from Quail Run Mile RoadNone+5536
Bear Gulch Tributary DApproximately 900 feet upstream of the confluence with Bear GulchNone+5410Adams County (Uninc. Areas).
Approximately 400 feet downstream of future Quail Run Road alignmentNone+5440
Bear Gulch Tributary EConfluence with Bear GulchNone+5388Adams County (Uninc. Areas).
1115 feet upstream from confluence with Bear GulchNone+5390
Bear Gulch Tributary GConfluence with Bear GulchNone+5335Adams County (Uninc. Areas).
320 feet upstream from Quail Run Mile RoadNone+5367
Box Elder CreekApproximately 130 feet downstream from East 168th AvenueNone+5054Adams County (Uninc. Areas).
3000 feet north of the Union Pacific Rail Road*5513+5516
Clear CreekConfluence with South Platte River*5105+5106Adams County (Uninc. Areas).
At Sheridan Boulevard*5254+5263
Clear Creek North OverflowConfluence with Clear Creek*5222+5222Adams County (Uninc. Areas).
At Sheridan Boulevard*5254+5263
Coyote RunConfluence with Box Elder CreekNone+5394Adams County (Uninc. Areas).
Immediately downstream of US 36None+5512
Hayesmount CreekApproximately 130 feet downstream from East 168th AvenueNone+5071Adams County (Uninc. Areas).
Adams/Denver County LineNone+5234
Hayesmount Creek East TributaryConfluence with Hayesmount CreekNone+5190Adams County (Uninc. Areas).
Approximately 5800 feet upstream from East 120th AvenueNone+5234
Hayesmount Creek West TributaryConfluence with Hayesmount CreekNone+5165Adams County (Uninc. Areas).
Approximately 9000 feet upstream from East 128th AvenueNone+5225
South Platte RiverApproximately 130 feet downstream from East 168th Avenue*4953+4956Adams County (Uninc. Areas), City of Brighton, City of Commerce City, City of Thorton
At Franklin Street*5144+5138
* National Geodetic Vertical Datum.
+ National American Vertical Datum.
ADDRESSES:
Unincorporated Areas of Adams County
Maps are available for inspection at 12200 North Pecos Street, Third Floor, Westminster, Colorado 80234
Send comments to Commissioner Larry W. Pace, Chairman, Board of County Commissioners, 450 South 4th Avenue, Brighton, Colorado 80601.
City of Brighton
Maps are available for inspection at 22 South 4th Avenue, Brighton, Colorado 80601.
Send comments to the Honorable Jan Pawlowski, Mayor, City of Brighton, 22 South 4th Avenue, Brighton, Colorado 80601.
City of Commerce City
Maps are available for inspection at 5291 East 60th Avenue, Commerce City, Colorado 80022.
Start Printed Page 35238
Send comments to the Honorable Sean Ford, Mayor, City of Commerce City, 5291 East 60th Avenue, Commerce City, Colorado 80022.
City of Thorton
Maps are available for inspection at Infrastructure Maintenance Center, 12450 Washington Street, Thorton, Colorado 80229.
Send comments to the Honorable Noel Busck, Mayor, City of Thorton, 9500 Civic Center Drive, Thorton, Colorado 80229.
Payne County, Oklahoma and Incorporated Areas
Bell CreekAt confluence with Bell Creek and Cottonwood CreekNone+854Payne County (Uninc. Areas), City of Cushing.
Intersection of Little Avenue and Bell CreekNone+917
East Boomer CreekAt the intersection of Mceleroy Road and East Boomer Creek*882+878Payne County (Uninc. Areas), City of Stillwater.
At the intersection of West Peacable Acres Road and East Boomer CreekNone+931
Knipe CreekAt confluence with Cimarron River and Knipe CreekNone+841Payne County (Uninc. Areas), Town of Perkins.
Approximately 11,500 feet upstream the confluence of Knipe Creek and Cimarron RiverNone+903
Perkins CreekAt the confluence of Perkins Creek and Cimarron RiverNone+844Payne County (Uninc. Areas), Town of Perkins.
Intersection of 116th Street and Perkins CreekNone+916
Stillwater CreekIntersection of 44th Avenue and Prairie RoadNone+844Payne County (Uninc. Areas), City of Stillwater, Town of Ripley.
Approximately 2,000 feet upstream the confluence of Harrington Creek and Stillwater Creek*896+894
West Boomer CreekAt the intersection of West Hall of Fame Avenue and West Boomer Creek*883+882Payne County (Uninc. Areas), City of Stillwater.
At the intersection of West Liberty Lane and West Boomer CreekNone+916
* National Geodetic Vertical Datum 1929.
+ National American Vertical Datum 1988.
ADDRESSES:
Unincorporated Areas of Payne County
Maps are available for inspection at 315 West 6th Street, Stillwater, OK 74074.
Send comments to Ms. Gloria Hesser, District 2 County Commissioner, 315 West 6th Street, Stillwater, OK 74074.
City of Cushing
Maps are available for inspection at Cushing City Hall, 100 Judy Adams Blvd., Cushing, OK 74023.
Send comments to the Honorable Loren West, Mayor, City of Cushing, Cushing City Hall, Cushing, OK 74023.
City of Stillwater
Maps are available for inspection at Stillwater Municipal Building, 723 S. Lewis, Stillwater, OK 74074.
Send comments to the Honorable Bud Lacy, Mayor, City of Stillwater, 723 S. Lewis St., Stillwater, OK 74076.
Town of Perkins
Maps are available for inspection at City Hall, 110 N. Main, Perkins, OK 74059.
Send comments to the Honorable Mel Miller, Mayor, Town of Perkins, 110 N. Main, Perkins, OK 74059.
Town of Ripely
Maps are available for inspection at 203 S. Ripley Street, Ripley, OK 74062.
Send comments to the Honorable Jay Varble, Mayor, Town of Ripley, 203 S. Ripley Street, Ripley, OK 74062.
Henrico County, Virginia and Incorporated Areas
Allens BranchApproximately at the confluence with Chickahominy RiverNone+197Henrico County (Uninc. Areas).
Approximately 250 feet downstream from the I-295 RampNone+214
Chickahominy RiverApproximately at Creighton RoadNone+77Henrico County (Uninc. Areas).
Approximately 1900 feet downstream from Shady Grove RoadNone+218
Copperas CreekApproximately at the confluence with Tuckahoe CreekNone+144Henrico County (Uninc. Areas).
Start Printed Page 35239
Approximately 150 feet downstream from Waterford Way EastNone+220
Copperas Creek Tributary 2Approximately at the confluence with Copperas CreekNone+160Henrico County (Uninc. Areas).
Approximately 2000 feet upstream from Ridgefield ParkwayNone+206
Fourmile CreekApproximately at the confluence with James RiverNone+11Henrico County (Uninc. Areas).
Approximately 2000 feet upstream from Doran RoadNone+92
Fourmile Creek Tributary 7Approximately at the confluence with Fourmile CreekNone+85Henrico County (Uninc. Areas).
Approximately 775 feet upstream from the FootbridgeNone+88
Gillies Creek Tributary 1Approximately at the confluence with Gillies CreekNone+121Henrico County (Uninc. Areas).
Approximately 250 feet downstream from South Kalmia AvenueNone+154
Harding BranchApproximately at the confluence with Tuckahoe CreekNone+148Henrico County (Uninc. Areas).
Approximately 2500 feet upstream from Park Terrace DriveNone+240
Harding Branch Tributary 1Approximately at the confluence with Harding BranchNone+168Henrico County (Uninc. Areas).
Approximately 1000 feet upstream from the confluence with Harding BranchNone+171
Heckler Village Tributary 1Approximately at the confluence with Gillies CreekNone+109Henrico County (Uninc. Areas).
Approximately 1100 feet upstream from Colwyck DriveNone+145
Heckler Village Tributary 2Approximately at the confluence with Gillies CreekNone+138Henrico County (Uninc. Areas).
Approximately 1600 feet upstream from Wynfield TerraceNone+158
Horsepen BranchApproximately at the confluence with Upham BrookNone+174Henrico County (Uninc. Areas).
Approximately 300 feet upstream from Devers RoadNone+218
James RiverApproximately 2100 feet southeast of the intersection of Osborne Landing and Kingsland RoadNone+16Henrico County (Uninc. Areas).
Approximately 1250 feet Northwest of the intersection of Stancraft Way and Old Osborne TurnpikeNone+32
Meredith BranchApproximately at the confluence with Chickahominy RiverNone+186Henrico County (Uninc. Areas).
Approximately 500 feet downstream from Broad Meadows RoadNone+230
North RunApproximately at the confluence with Upham Brook+117+120Henrico County (Uninc. Areas).
Approximately 400 feet upstream from the confluence with Upham Brook+119+120
Rooty BranchApproximately 600 feet downstream from Nuckols RoadNone+221Henrico County (Uninc. Areas).
Approximately 1800 feet upstream from Nuckols RoadNone+233
Tributary A To Gillies Creek Tributary 1Approximately at the confluence with Gillies Creek Tributary 1None+146Henrico County (Uninc. Areas).
Approximately 1200 feet upstream from Yates LaneNone+158
Tributary A to Gillies Creek Tributary 1 TributaryApproximately at the confluence with Tributary A to Gillies Creek Tributary 1None+150Henrico County (Uninc. Areas).
Approximately 750 feet south from Nine Mile RoadNone+160
* National Geodetic Vertical Datum.
+ National American Vertical Datum.
Start Printed Page 35240
ADDRESSES:
Unincorporated Areas of Henrico County
Maps are available for inspection at Henrico West End Government Center, 4301 E. Parham Road, Richmond, VA 23228.
Send comments to Mr. Robert Thompson, Director of Public Works, P.O. Box 27032, Richmond, VA 23273.

(Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”)

Start Signature

Michael Buckley,

Deputy Director, Mitigation Division, Federal Emergency Management Agency, Department of Homeland Security.

End Signature End Part End Supplemental Information

[FR Doc. E6-9510 Filed 6-16-06; 8:45 am]

BILLING CODE 9110-12-P