Skip to Content

Proposed Rule

Proposed Flood Elevation Determinations

Document Details

Information about this document as published in the Federal Register.

Enhanced Content

Relevant information about this document from Regulations.gov provides additional context. This information is not part of the official Federal Register document.

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, 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 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 September 1, 2009.

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-1050, 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.

Start Further Info

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 buildings 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.

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. Start Printed Page 26641

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.

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

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) + Elevation in feet (NAVD) # Depth in feet above ground ⁁ Elevation in meters (MSL)
ExistingModified
City of Greenwood, Wisconsin
WisconsinCity of GreenwoodBlack RiverApproximately 4,460 feet downstream of County Highway GNone+ 1113
Approximately 4,960 feet upstream of County Highway GNone+ 1126
* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ⁁ Mean Sea Level, rounded to the nearest 0.1 meter.
Flooding source(s)Location of referenced elevation *** Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground ⁁ Elevation in meters (MSL)Communities affected
EffectiveModified
Arapahoe County, Colorado, and Incorporated Areas
Bear GulchApproximately 1 mile upstream of East 72nd AvenueNone+  5355Unincorporated Areas of Arapahoe County.
Approximately 2.1 miles upstream 56th Avenue alignmentNone+  5482
Bear Gulch TributaryAt the confluence with Bear GulchNone+ 5402Unincorporated Areas of Arapahoe County.
Approximately 900 feet upstream of the confluence with Bear GulchNone+ 5408
Blackmer GulchApproximately 200 feet upstream of South Monroe Lane+ 5417+ 5418City of Cherry Hills Village.
Just upstream of the High Line Canal+ 5492+ 5491
Box Elder CreekApproximately 1,400 feet upstream of 72nd AvenueNone+ 5367City of Aurora, Unincorporated Areas of Arapahoe County.
Approximately 0.5 miles downstream of Yale AvenueNone+ 5691
Start Printed Page 26642
Cherry CreekApproximately 0.92 miles downstream of Arapahoe Road+ 5623+ 5624City of Aurora, City of Centennial, Unincorporated Areas of Arapahoe County.
Approximately 1.70 miles upstream of East Broncos Parkway+ 5713+ 5713
Coyote RunAt the confluence with Box Elder CreekNone+ 5393City of Aurora, Unincorporated Areas of Arapahoe County.
Approximately 3.80 miles upstream of East Alameda AvenueNone+ 5814
Goldsmith GulchJust upstream of East Belleview Avenue+ 5591+ 5590Unincorporated Areas of Arapahoe County, City of Centennial, City of Greenwood Village.
Approximately 100 feet downstream of East Arapahoe RoadNone+ 5773
Goldsmith Gulch West TributaryApproximately 400 feet upstream of the confluence with Goldsmith Gulch+ 5640+ 5641Unincorporated Areas of Arapahoe County, City of Greenwood Village.
Approximately 100 feet downstream of East Peakview Avenue+ 5735+ 5738
Greenwood GulchJust upstream of Clarkson Street+ 5344+ 5344City of Centennial, City of Cherry Hills Village, City of Greenwood Village.
Just upstream of Holly Street+ 5525+ 5525
Little Dry CreekJust upstream of Clarkson Street+ 5344+ 5339Unincorporated Areas of Arapahoe County, City of Centennial, City of Cherry Hills Village, City of Greenwood Village.
Just downstream of South Quebec Street+ 5619+ 5618
Murphy CreekJust downstream of East Alameda Avenue+ 5523+ 5523City of Aurora, Unincorporated Areas of Arapahoe County.
Approximately 1,700 feet downstream of East Wheatlands ParkwayNone+ 6011
Prentice GulchAt the confluence with Greenwood Gulch+ 5407+ 5405City of Greenwood Village.
Just upstream of Holly Street+ 5525+ 5525
Quincy GulchAt the confluence with Blackmer Gulch+ 5414+ 5414City of Cherry Hills Village.
Approximately 300 feet upstream of the High Line Canal+ 5494+ 5494
SJCD 6200At the confluence with South Platte RiverNone+ 5360Unincorporated Areas of Arapahoe County, City of Littleton.
Approximately 400 feet downstream of South Platte Canyon RoadNone+ 5404
Willow CreekAt the confluence with Little Dry Creek+ 5537+ 5536Unincorporated Areas of Arapahoe County.
Just downstream of Englewood Dam outlet structure+ 5558+ 5559
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
# Depth in feet above ground.
⁁ 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
City of Aurora
Maps are available for inspection at 15151 East Alameda Parkway, 3rd Floor, Aurora, CO 80012.
City of Centennial
Start Printed Page 26643
Maps are available for inspection at the Arapahoe County Department of Public Works and Development, 10730 West Briarwood Avenue, Centennial, CO 80112.
City of Cherry Hills Village
Maps are available for inspection at 2450 East Quincy Avenue, Cherry Hills Village, CO 80113.
City of Greenwood Village
Maps are available for inspection at 6060 South Quebec Street, Greenwood Village, CO 80111.
City of Littleton
Maps are available for inspection at 2255 West Berry Avenue, Littleton, CO 80165.
Unincorporated Areas of Arapahoe County
Maps are available for inspection at the Arapahoe County Department of Public Works and Development, 10730 East Briarwood Avenue, Centennial, CO 80112.
Fergus County, Montana, and Incorporated Areas
Flood ChannelApproximately 70 feet upstream of Main Street Bridge+ 3609+ 3610Town of Denton.
Approximately 50 feet upstream of Railroad Bridge+ 3610+ 3614
Shallow FloodingIntersection of Bain Street and Main StreetNone# 1Town of Denton.
* National Geodetic Vertical Datum.
** 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
Town of Denton
Maps are available for inspection at 305 West Watson Street, Lewistown, MT 59457.
Tuscarawas County, Ohio, and Incorporated Areas
Beggar Run (Backwater from Tuscarawas River)At the confluence of Beggar Run with Conotton CreekNone+ 909Unincorporated Areas of Tuscarawas County.
Approximately 0.78 mile upstream of the confluence of Beggar Run with Conotton CreekNone+ 909
Browns Run (Backwater from Tuscarawas River)At the confluence of Browns Run with Conotton CreekNone+ 909Unincorporated Areas of Tuscarawas County.
Just downstream of Henderson School RoadNone+ 909
Conotton Creek (Backwater from Tuscarawas River)At the confluence of Conotton Creek and Tuscarawas RiverNone+ 909Unincorporated Areas of Tuscarawas County.
Approximately 0.76 mile upstream of Miller Hill Road (Tuscarawas/Carroll County boundary)None+ 909
Dog Run (Backwater from Tuscarawas River)At the confluence of Dog Run and Conotton CreekNone+ 909Unincorporated Areas of Tuscarawas County.
Approximately 0.42 mile upstream of Norfolk and Western RailwayNone+ 909
Huff Run (Backwater from Tuscarawas River)At the confluence of Huff Run with Conotton CreekNone+ 909Unincorporated Areas of Tuscarawas County, Village of Mineral City.
Approximately 1.38 miles upstream of New Cumberland RoadNone+ 909
Indian Fork (Backwater from Tuscarawas River)At the confluence of Indian Fork with Conotton CreekNone+ 909Unincorporated Areas of Tuscarawas County.
Just downstream of State Route 212None+ 909
Middle Run (Backwater from Tuscarawas River)At the confluence of Middle Run with Tuscarawas RiverNone+ 909Unincorporated Areas of Tuscarawas County.
Approximately 0.72 mile upstream of Dover Zoar RoadNone+ 909
Small Middle Run (Backwater from Tuscarawas River)At the confluence of Small Middle Run with Tuscarawas RiverNone+ 909Unincorporated Areas of Tuscarawas County.
Approximately 500 feet downstream of Dover Zoar RoadNone+ 909
Stillwater CreekJust downstream of the Baltimore and Ohio RailroadNone+ 844City of Midvale.
Start Printed Page 26644
Approximately 0.45 mile upstream of US Route 250None+ 845
Tuscarawas RiverJust upstream of the Dover DamNone+ 909Village of Bolivar, Unincorporated Areas of Tuscarawas County, Village of Zoar.
Approximately 2.18 miles upstream of State Route 212 (Tuscarawas/Stark County boundary)None+ 909
Tuscarawas RiverApproximately 0.66 mile downstream of Tuscarawas RoadNone+ 838Village of Tuscarawas.
Tuscarawas RiverApproximately 1,000 feet upstream of the confluence of Tuscarawas River with Clewell RunNone+ 831Village of Gnadenhutten.
Wolf Run (Backwater from Tuscarawas River)At the confluence of Wolf Run and Tuscarawas RiverNone+ 909Unincorporated Areas of Tuscarawas County.
Approximately 0.89 mile upstream of Norfolk and Western RailwayNone+ 909
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
# Depth in feet above ground.
⁁ 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
City of Midvale
Maps are available for inspection at City Hall, 311 Barnhill Road, Midvale, OH 44653.
Unincorporated Areas of Tuscarawas County
Maps are available for inspection at the Tuscarawas County Administrative Offices, 125 East High Avenue, New Philadelphia, OH 44663.
Village of Bolivar
Maps are available for inspection at the Bolivar Village Hall, 109 Canal Street Northwest, Bolivar, OH 44612.
Village of Gnadenhutten
Maps are available for inspection at the Gnadenhutten Village Hall, 131 South Walnut Street, Gnadenhutten, OH 44629.
Village of Mineral City
Maps are available for inspection at the Mineral City Village Hall, 8728 North High Street, Mineral City, OH 44656.
Village of Tuscarawas
Maps are available for inspection at the Tuscarawas Village Hall, 522 East Cherry Street, Tuscarawas, OH 44682.
Village of Zoar
Maps are available for inspection at the County Administrative Offices, 125 East High Avenue, New Philadelphia, OH 44663.
Yankton County, South Dakota, and Incorporated Areas
James RiverJust upstream of the confluence with the Missouri RiverNone+ 1167Unincorporated Areas of Yankton County.
Approximately 600 feet upstream of County Highway 213 (431st Avenue)None+ 1188
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
# Depth in feet above ground.
⁁ 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
Unincorporated Areas of Yankton County
Maps are available for inspection at 321 West 3rd Street, Yankton, SD 57078.
Start Printed Page 26645
Angelina County, Texas, and Incorporated Areas
Biloxi Creek North TributaryApproximately 0.6 miles downstream of Loop 287None+ 306City of Lufkin.
Just upstream of Loop 287None+ 329
Cedar CreekJust downstream of Lotus LaneNone+ 278City of Lufkin.
Just upstream of State Loop 339None+ 299
Cedar Creek North TributaryJust upstream of Lotus LaneNone+ 280City of Lufkin.
Approximately 1,070 feet upstream of Texas Southeastern Rail RoadNone+ 286
Cedar Creek South TributaryConfluence of Cedar Creek and Cedar Creek South Tributary+ 254+ 253City of Lufkin.
Approximately 1,300 feet upstream of Berry RoadNone+ 287
Cedar Creek Tributary 3Confluence of Cedar Creek Tributary 3 and Cedar CreekNone+ 239City of Lufkin.
Just upstream of Live Oak LaneNone+ 266
East Fork of West Branch Mill CreekConfluence of; East Fork of West Branch Mill Creek and Tributary to Mill Creek Tributary+ 283+ 279City of Lufkin.
Just downstream of US Highway 69None+ 300
Hurricane CreekApproximately 0.7 miles downstream of College DriveNone+ 232City of Lufkin.
Just downstream of the intersection of Conn Avenue and Chestnut Street+ 279+ 280
Hurricane Creek East Tributary (E)Approximately 0.6 miles upstream of Brentwood DriveNone+ 269City of Lufkin.
Confluence of Hurricane Creek and Hurricane Creek East Tributary (E)None+ 273
Hurricane Creek East Tributary (E) TributaryConfluence of Hurricane Creek East Tributary (E) Tributary and Hurricane Creek East Tributary (E)+ 246+ 250City of Lufkin.
Approximately 0.5 miles upstream of Brentwood DriveNone+ 267
Hurricane Creek East Tributary (North)Just downstream of Jones StreetNone+ 289City of Lufkin.
Just upstream of Whipporwill StreetNone+ 305
Hurricane Creek East Tributary (South)Confluence of Hurricane Creek East Tributary (South) and Unnamed Tributary 4 to Hurricane CreekNone+ 237City of Lufkin.
Just upstream of Pine Valley DriveNone+ 265
Hurricane Creek West BranchConfluence of Hurricane Creek and Hurricane Creek West Branch+ 251+ 250City of Lufkin.
Just upstream of Park LaneNone+ 276
Mill Creek TributaryApproximately 1,486 feet downstream of Bonita StreetNone+ 290City of Lufkin.
Approximately 230 feet upstream of Martin Luther King DriveNone+ 304
One Eyed CreekJust downstream of Westwood PlaceNone+ 289City of Lufkin.
Just downstream of Fuller Springs DriveNone+ 309
Shirley CreekJust upstream of Loop 287+ 259+ 262City of Lufkin.
Just upstream of Trenton RoadNone+ 297
Shirley Creek Tributary 2Just downstream of Loop 287None+ 294City of Lufkin.
Just downstream of Shady Pine RoadNone+ 310
Shirley Creek Tributary 2 East BranchConfluence of Shirley Creek Tributary 2 and Shirley Creek Tributary 2 East BranchNone+ 277City of Lufkin.
Approximately 600 feet upstream of Freeman StreetNone+ 296
Tributary to Mill Creek TributaryJust downstream of the City Lake Dam+ 271+ 272City of Lufkin.
Just downstream of US Highway 69None+ 305
Tributary to Paper Mill Creek TributaryJust downstream of State Highway 103None+ 272City of Lufkin.
Approximately 675 feet upstream of Freeman StreetNone+ 290
Unnamed Tributary 1 to Hurricane CreekConfluence of Hurricane Creek and Unnamed Tributary 1 to Hurricane Creek+ 255+ 259City of Lufkin.
Just upstream of Farm-to-Market Road 58None+ 293
Unnamed Tributary 2 to Hurricane CreekConfluence of Hurricane Creek and Unnamed Tributary 2 to Hurricane CreekNone+ 247City of Lufkin.
Approximately .4 miles upstream from Tulane RoadNone+ 273
Unnamed Tributary 3 to Hurricane CreekConfluence of Hurricane Creek and Unnamed Tributary 3 to Hurricane CreekNone+ 236City of Lufkin.
Just upstream of Loop 287None+ 264
Unnamed Tributary 4 to Hurricane CreekConfluence of Unnamed Tributary 4 to Hurricane Creek and Hurricane Creek East Tributary (South)None+ 237City of Lufkin.
Start Printed Page 26646
Approximately 773 feet upstream of Crown Colony DriveNone+ 272
Unnamed Tributary to Papermill CreekLimit of detailed study nearest to Kit McConnico ParkNone+ 244City of Lufkin.
Lower limit of detailed study (no physical reference available)None+ 252
Approximately 0.6 miles downstream of Moffett RoadNone+ 252
Approximately 0.5 miles downstream of Moffett RoadNone+ 252
Approximately 1,800 feet downstream of Old Moffett RoadNone+ 254
Just upstream of State Loop 287+ 259+ 261
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
# Depth in feet above ground.
⁁ 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
City of Lufkin
Maps are available for inspection at 300 East Shepard Avenue, Lufkin, TX 75901.

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

Start Signature

Dated: May 21, 2009.

Deborah S. Ingram,

Acting Deputy Assistant Administrator for Mitigation, Mitigation Directorate, Department of Homeland Security, Federal Emergency Management Agency.

End Signature End Part End Supplemental Information

[FR Doc. E9-12847 Filed 6-2-09; 8:45 am]

BILLING CODE 9110-12-P