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Proposed Rule

Proposed Flood Elevation Determinations

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Start Preamble

AGENCY:

Federal Emergency Management Agency, DHS.

ACTION:

Proposed rule.

SUMMARY:

Comments are requested on the proposed Base (1 percent 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 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 2, 2008.

ADDRESSES:

The corresponding preliminary Flood Insurance Rate Map (FIRM) for the proposed BFEs for each community are 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-7768, to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-3151, or (e-mail) bill.blanton@dhs.gov.

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FOR FURTHER INFORMATION CONTACT:

William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-3151 or (e-mail) bill.blanton@dhs.gov.

End Further Info End Preamble Start Supplemental Information

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 are also used to calculate the appropriate flood insurance premium rates for new Start Printed Page 18247buildings built after these elevations are made final, and for the contents in these 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.

Administrative Procedure Act Statement. This matter is not a rulemaking governed by the Administrative Procedure Act (APA), 5 U.S.C. 553. FEMA publishes flood elevation determinations for notice and comment; however, they are governed by the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq., and do not fall under the APA.

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.

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List of Subjects in 44 CFR Part 67

End List of Subjects

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.

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) + Elevation in feet (NAVD) # Depth in feet above ground
ExistingModified
City of Richmond, Virginia
VirginiaCity of RichmondBacons Quarter BranchApproximately at the confluence with Shockoe CreekNone+67
Approximately 1400 feet upstream of Hermitage RoadNone+184
VirginiaCity of RichmondBattery Park Ponding AreaApproximately 2250 feet south of Overbrook RoadNone+136
Approximately 850 feet north of Overbrook RoadNone+139
VirginiaCity of RichmondCannons Creek BranchApproximately at the confluence with Bacons Quarter BranchNone+74
Approximately 200 feet downstream of Vale StreetNone+96
VirginiaCity of RichmondJordans BranchApproximately 35 feet north of Route 64 near the Henrico County lineNone+164
Approximately 120 feet north of Route 64 near the Henrico County lineNone+164
VirginiaCity of RichmondPocoshock CreekApproximately at the Chesterfield County lineNone+133
Approximately at the confluence with Pocosham CreekNone+133
VirginiaCity of RichmondShockoe CreekApproximately at East Franklin Street+21+23
Approximately 2700 feet upstream of Magnolia StreetNone+129
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
# Depth in feet above ground.
** 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
City of Richmond
Maps are available for inspection at City Hall, 900 East Broad Street, Room 600, Richmond, VA 23219.
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Flooding source(s)Location of referenced elevation *** Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above groundCommunities affected
EffectiveModified
Washington County, Minnesota, and Incorporated Areas
10th Street BasinEntire shorelineNone+885City of Afton.
10th Street and Neal Avenue BasinEntire shorelineNone+867City of Afton.
8th Street BasinEntire shorelineNone+880City of Afton.
Barker LakeEntire shorelineNone+891City of Hugo, Unincorporated Areas of Washington County.
Bay LakeEntire shorelineNone+891Unincorporated Areas of Washington County.
Cloverdale LakeEntire shorelineNone+907Unincorporated Areas of Washington County.
East Boot LakeEntire shorelineNone+920Unincorporated Areas of Washington County.
Fish LakeEntire shorelineNone+954City of Scandia.
Forest LakeEntire shorelineNone+903City of Forest Lake.
Freidrich PondEntire shorelineNone+913City of Lake Elmo.
German LakeEntire shorelineNone+959City of Scandia.
Klawitter PondEntire shorelineNone+963City of Lake Elmo.
Kramer PondEntire shorelineNone+914City of Lake Elmo.
Legion PondEntire shorelineNone+889City of Lake Elmo.
Maple MarshEntire shorelineNone+975Unincorporated Areas of Washington County.
McDonald LakeEntire shorelineNone+892Unincorporated Areas of Washington County.
Mississippi RiverApproximately 1,850 feet upstream of southern County Boundary+692+691City of Cottage Grove, City of Hastings, City of Newport, City of St. Paul Park, Unincorporated Areas of Washington County.
Approximately 1,200 feet downsteam of southern County Boundary+705+704
Mooers Lake ChannelAt the convergence with the Mississippi River+698+697City of Cottage Grove, Unincorporated Areas of Washington County.
Just downstream of Grey Cloud Island Drive South+698+697
Raleigh CreekApproximately 180 feet upstream of the confluence with Lake Elmo+889+899City of Lake Elmo, City of Oakdale.
Approximately 845 feet upstream of 31st Street NorthNone+975
Silver LakeEntire shorelineNone+991City of Oakdale.
South Branch Clearwater CreekAt the confluence with Clearwater Creek+912+910City of Hugo.
Approximately 950 feet upstream of the confluence with Clearwater Creek+912+911
St. Croix RiverApproximately 16,265 feet downstream of confluence with Interstate Highway 94+691+692Unincorporated Areas of Washington County, City of Afton, City of Bayport, City of Lake St. Croix Beach, City of Lakeland, City of Lakeland Shores, City of Marine-On-St. Croix, City of Oak Park Heights, City of St. Mary's Point, City of Stillwater.
Approximately 23,050 feet downstream of SOO Line RailroadNone+698
Staples LakeEntire shorelineNone+950Unincorporated Areas of Washington County.
Sunfish LakeEntire shoreline+894+899City of Lake Elmo.
Tingley SpringsEntire shorelineNone+931City of Hugo.
Unnamed Wetland DNR ID No. 82015600Entire shorelineNone+962City of Hugo, City of Forest Lake.
Unnamed Wetland DNR ID No. 82016500Entire shorelineNone+964City of Forest Lake.
Unnamed Wetland DNR ID No. 82021200Entire shorelineNone+965City of Forest Lake, City of Scandia.
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Unnamed Wetland DNR ID No. 82021300Entire shorelineNone+966City of Scandia.
Unnamed Wetland DNR ID No. 82021600Entire shorelineNone+936City of Forest Lake, City of Hugo.
Unnamed Wetland DNR ID No. 82022000Entire shorelineNone+958City of Forest Lake, City of Hugo.
Unnamed Wetland DNR ID No. 82022100Entire shorelineNone+940City of Hugo.
Unnamed Wetland DNR ID No. 82022200Entire shorelineNone+948City of Hugo.
Unnamed Wetland DNR ID No. 82022300Entire shorelineNone+983City of Hugo, Unincorporated Areas of Washington County.
Unnamed Wetland DNR ID No. 82022400Entire shorelineNone+957City of Hugo.
Unnamed Wetland DNR ID No. 82022500Entire shorelineNone+974City of Hugo.
Unnamed Wetland DNR ID No. 82022700Entire shorelineNone+945City of Hugo.
Unnamed Wetland DNR ID No. 82022900Entire shorelineNone+952City of Hugo.
Unnamed Wetland DNR ID No. 82031200Entire shorelineNone+910Unincorporated Areas of Washington County.
Unnamed Wetland DNR ID No. 82035000Entire shorelineNone+1005City of Grant.
Unnamed Wetland North DNR ID No. 82031100Entire shorelineNone+916Unincorporated Areas of Washington County.
Unnamed Wetland South DNR ID No. 82031100Entire shorelineNone+918Unincorporated Areas of Washington County.
Valley BranchApproximately 345 feet downstream of Putman Boulevard South+692+693City of Afton.
At West Metcalf Marsh OutfallNone+813
Valley CreekAt the confluence with Valley Branch+717+714City of Afton.
Approximately 2,080 feet upstream of 22nd Street South (most upstream crossing)None+907
Valley Creek TributaryAt the confluence with Valley CreekNone+792City of Afton.
Approximately 3,265 feet upstream of the confluence with Valley CreekNone+812
West Boot LakeEntire shorelineNone+920Unincorporated Areas of Washington County.
West Metcalf MarshEntire shorelineNone+813City of Afton.
White Rock LakeEntire shorelineNone+966City of Scandia.
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
# Depth in feet above ground.
** 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
City of Afton
Maps are available for inspection at 3033 St. Croix Trail South, Afton, MN 55001.
City of Bayport
Maps are available for inspection at 294 North Third Street, Bayport, MN 55003.
City of Cottage Grove
Maps are available for inspection at 7516 80th Street South, Cottage Grove, MN 55016.
City of Forest Lake
Maps are available for inspection at 220 North Lake Street, Forest Lake, MN 55025.
City of Grant
Maps are available for inspection at 111 Wildwood Road, Willernie, MN 55090.
City of Hastings
Maps are available for inspection at 101 Fourth Street East, Hastings, MN 55033.
City of Hugo
Maps are available for inspection at 14669 Fitzgerald Avenue North, Hugo, MN 55038.
City of Lake Elmo
Maps are available for inspection at 3800 Laverne Avenue, Lake Elmo, MN 55042.
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City of Lake St. Croix Beach
Maps are available for inspection at 1919 Quebec Avenue South, Lake St. Croix Beach, MN 55043.
City of Lakeland
Maps are available for inspection at 690 Quinnell Avenue North, Lakeland, MN 55043.
City of Lakeland Shores
Maps are available for inspection at 1858 Ramada Avenue South, Lakeland Shores, MN 55043.
City of Marine-On-St. Croix
Maps are available for inspection at 121 Judd Street, Marine on St. Croix, MN 55047.
City of Newport
Maps are available for inspection at 596 7th Avenue, Newport, MN 55055.
City of Oak Park Heights
Maps are available for inspection at 14168 Oak Park Blvd. North, Oak Park Heights, MN 55082.
City of Oakdale
Maps are available for inspection at 1584 Hadley Ave. North, Oakdale, MN 55128.
City of Scandia
Maps are available for inspection at 13809 Scandia Trail, Scandia, MN 55073.
City of St. Mary's Point
Maps are available for inspection at 16491 St. Mary's Drive South, St. Mary's Point, MN 55043.
City of St. Paul Park
Maps are available for inspection at 600 Portland Avenue, St. Paul Park, MN 55071.
City of Stillwater
Maps are available for inspection at 106 South Main Street, Stillwater, MN 55082.
Unincorporated Areas of Washington County
Maps are available for inspection at 14949 62nd Street North, Stillwater, MN 55082-0006.
Portage County, Ohio, and Incorporated Areas
Breakneck CreekApproximately 260 feet upstream of Brady Lake RoadNone+1040Unincorporated Areas of Portage County.
At confluence of Breakneck Creek and Hudson DitchNone+1069
Breakneck Creek OverflowApproximately 5,300 feet upstream of Main StreetNone+1048City of Kent.
Approximately 1,400 feet downstream of Powder Mill RoadNone+1048
Breakneck Creek OverflowApproximately 3,500 feet upstream of Main StreetNone+1047Unincorporated Areas of Portage County.
Approximately 600 feet downstream of Powder Mill RoadNone+1048
Cuyahoga RiverApproximately 80 feet upstream of Main Street+1085+1084Village of Mantua.
Approximately 3,300 feet upstream of High Street+1088+1087
Cuyahoga RiverApproximately 1,500 feet upstream of River Bend BoulevardNone+1040Unincorporated Areas of Portage County.
Approximately 2,900 feet upstream of River Bend BoulevardNone+1040
Approximately 1,600 feet downstream of Infirmary RoadNone+1082
Approximately 3,300 feet upstream of High StreetNone+1087
Cuyahoga River OverflowApproximately 1,100 feet upstream of confluence with Cuyahoga RiverNone+1083Village of Mantua.
Approximately 2,600 feet upstream of confluence with Cuyahoga RiverNone+1083
Cuyahoga River OverflowApproximately 700 feet upstream of confluence with Cuyahoga RiverNone+1083Unincorporated Areas of Portage County.
Approximately 1,700 feet upstream of confluence with Cuyahoga RiverNone+1083
Hudson DitchAt confluence of Breakneck Creek and Hudson DitchNone+1069Unincorporated Areas of Portage County.
Approximately 2,300 feet upstream of Bower RoadNone+1084
Plum CreekApproximately 30 feet upstream of Railroad+1016+1017City of Kent.
Approximately 200 feet downstream of Howe RoadNone+1040
Plum CreekApproximately 330 feet downstream of Howe RoadNone+1039Unincorporated Areas of Portage County.
Approximately 4,000 feet upstream of Tallmadge RoadNone+1078
* National Geodetic Vertical Datum.
# Depth in feet above ground.
+ North American Vertical Datum.
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** 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
City of Kent
Maps are available for inspection at 930 Overholt Road, Kent, OH 44240.
Unincorporated Areas of Portage County
Maps are available for inspection at 449 South Meridian Street, Ravenna, OH 44266.
Village of Mantua
Maps are available for inspection at 4736 East High Street, Mantua, OH 44255.
Centre County, Pennsylvania, and Incorporated Areas
Cherry RunApproximately at the confluence with North Fork Beech CreekNone+1396Township of Snow Shoe.
Approximately at Clarence RoadNone+1396
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
# Depth in feet above ground.
** 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
Township of Snow Shoe
Maps are available for inspection at Town Hall, 268 Oldside Road, Clarence, PA 16829.
Bedford County, Virginia, and Incorporated Areas
Ivy CreekApproximately 1,430 ft downstream of Hawkins Mill Road+678+679Unincorporated Areas of Bedford County.
Approximately 2,200 ft downstream of Tabernacle Lane+823+829
Johns CreekApproximately at confluence with Little Otter RiverNone+732Unincorporated Areas of Bedford County, City of Bedford.
Approximately 1,800 ft downstream of Independence BoulevardNone+818
Johns CreekApproximately 445 ft downstream of Independence Boulevard+827+828City of Bedford, Unincorporated Areas of Bedford County.
Approximately 740 ft upstream of Independence Boulevard+841+842
Approximately 3,400 ft upstream of Independence BoulevardNone+861
Approximately at East Main StreetNone+939
Little Otter RiverApproximately at Big Island Highway+790+792Unincorporated Areas of Bedford County.
Approximately at Route 43+837+839
Tributary No. 10 To Ivy CreekApproximately at confluence with Ivy CreekNone+700Unincorporated Areas of Bedford County.
Approximately 500 ft downstream of Forest RoadNone+838
Tributary No. 10 To Little Otter RiverApproximately at confluence with Little Otter RiverNone+839City of Bedford, Unincorporated Areas of Bedford County.
Approximately at Lake DriveNone+867
Tributary No. 11 To Ivy CreekApproximately at confluence with Ivy CreekNone+696Unincorporated Areas of Bedford County.
Approximately 250 ft downstream of Forest RoadNone+802
Tributary No. 14 To Ivy CreekApproximately at confluence with Ivy CreekNone+683Unincorporated Areas of Bedford County.
Approximately 1,500 ft upstream of McIntosh DriveNone+812
Tributary No. 15 To Ivy CreekApproximately at county boundary with the City of LynchburgNone+671Unincorporated Areas of Bedford County.
Approximately 1 mi upstream of Hawkins Mill RoadNone+800
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Tributary No. 8 To Little Otter RiverApproximately at confluence with Little Otter RiverNone+797Unincorporated Areas of Bedford County, City of Bedford.
Approximately at Bedford City corporate limitsNone+824
Tributary No. 8 To Little Otter RiverApproximately at Bedford City corporate limitsNone+824City of Bedford, Unincorporated Areas of Bedford County.
Approximately 500 ft downstream of Longwood AvenueNone+932
Tributary No. 8A To Little Otter RiverApproximately at confluence with Tributary No. 8 To Little Otter RiverNone+824City of Bedford, Unincorporated Areas of Bedford County.
Approximately 0.5 mi upstream of confluence with Tributary No. 8 To little Otter RiverNone+914
Tributary No. 9 To Little Otter RiverApproximately at confluence with Little Otter RiverNone+826Unincorporated Areas of Bedford County, City of Bedford.
Approximately 1,700 ft downstream of Whitfield DriveNone+851
Tributary No. 9 To Little Otter RiverApproximately 1,700 ft downstream of Whitfield DriveNone+851City of Bedford, Unincorporated Areas of Bedford County.
Approximately 2,400 ft upstream of Whitfield DriveNone+940
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
# Depth in feet above ground.
** 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
City of Bedford
Maps are available for inspection at City Municipal Building, 215 E. Main Street, Bedford, VA 24523.
Unincorporated Areas of Bedford County
Maps are available for inspection at Office of the County Administrator, 122 E. Main Street, Suite 2002, Bedford, VA 24523.

(Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”)

Start Signature

Dated: March 17, 2008.

David I. Maurstad,

Federal Insurance Administrator of the National Flood Insurance Program, Department of Homeland Security, Federal Emergency Management Agency.

End Signature End Part End Supplemental Information

[FR Doc. E8-6912 Filed 4-2-08; 8:45 am]

BILLING CODE 9110-12-P