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Proposed Rule

Proposed Flood Elevation Determinations

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AGENCY:

Federal Emergency Management Agency, DHS.

ACTION:

Proposed rule; correction.

SUMMARY:

On September 8, 2009, FEMA published in the Federal Register a proposed rule that contained an erroneous table. This notice provides corrections to that table, to be used in lieu of the information published at 74 FR 46047. The table provided here represents the flooding sources, location of referenced elevations, effective and modified elevations, and communities affected for York County, Maine (All Jurisdictions). Specifically, it addresses the following flooding sources: Atlantic Ocean, Bonny Eagle Pond, Cape Porpoise Harbor, Cleaves Cove, Coffin Brook, Coffin Brook Tributary 1, Driscoll Brook, Ferguson Brook, Goosefare Brook, Great East Lake, Jones Brook (backwater effects from Scarborough River), Keay Brook, Kennebunk River, Little Ossipee River, Little River, Little River (backwater effects from Scarborough River), Mill Brook (backwater effects from Scarborough River), Mousam River, Mulloy Brook, Piscataqua River, Portsmouth Harbor, Province Lake, Saco River, Salmon Falls River, Sampson Cove, Spruce Creek, Stump Pond, The Pool, Worster Brook, and Worster Brook Tributary 3.

DATES:

Comments are to be submitted on or before November 16, 2010.

ADDRESSES:

You may submit comments, identified by Docket No. FEMA-B-1066, to Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-3461 or (e-mail) roy.e.wright@dhs.gov.

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FOR FURTHER INFORMATION CONTACT:

Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-3461 or (e-mail) roy.e.wright@dhs.gov.

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SUPPLEMENTARY INFORMATION:

The Federal Emergency Management Agency (FEMA) publishes proposed determinations of Base (1% annual-chance) Flood Elevations (BFEs) and modified BFEs for communities participating in the National Flood Insurance Program (NFIP), 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 minimum requirements. 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.

Corrections

In the proposed rule published at 74 FR 46047 in the September 8, 2009, issue of the Federal Register, FEMA published a table under the authority of 44 CFR 67.4. The table entitled “York County, Maine (All Jurisdictions)” addressed the following flooding sources: Atlantic Ocean, Cape Porpoise Harbor, Cleaves Cove, Coffin Brook, Coffin Brook Tributary 1, Driscoll Brook, Ferguson Brook, Goosefare Brook, Keay Brook, Kennebunk River, Little River, Mulloy Brook, Piscataqua River (Town of Kittery), Portsmouth Harbor, Saco River, Sampson Cove, Spruce Creek, The Pool, Worster Brook, and Worster Brook Tributary 3. That table contained inaccurate information as to the location of referenced elevations, effective and modified elevations in feet, or communities affected for the flooding sources “Little River” and “Piscataqua River.” In addition, it did not include the following flooding sources: Bonny Eagle Pond, Great East Lake, Jones Brook (backwater effects from Scarborough River), Little Ossipee River, Little River (backwater effects from Scarborough River), Mill Brook (backwater effects from Scarborough River), Mousam River, Piscataqua River (Town of Eliot), Province Lake, Salmon Falls River, and Stump Pond. In this notice, FEMA is publishing a table containing the accurate information, to address these prior errors. The information provided below should be used in lieu of that previously published.

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
York County, Maine (All Jurisdictions)
Atlantic OceanAlong the shoreline, at the intersection of Great Hill Road and Sand Dollar Lane+11+12City of Biddeford, Town of Kennebunk, Town of Kennebunkport, Town of Kittery, Town of Ogunquit, Town of Old Orchard Beach, Town of Wells, Town of York.
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Along the shoreline, approximately 230 feet east of the intersection of Ocean View Lane and Ontio Way+14+33
Bonny Eagle PondEntire shoreline within the Town of BuxtonNone+268Town of Buxton.
Cape Porpoise HarborAlong the shoreline, at the intersection of Paddy Creek Road and Paddy Creek Hill Road+8+9Town of Kennebunkport.
Along the shoreline, approximately 330 feet east of the terminus of Harbor Drive+13+17
Cleaves CoveAlong the shoreline, approximately 400 feet from the intersection of Turbats Creek Road and Field Point RoadNone+13Town of Kennebunkport.
Along the shoreline, at the terminus of Halcyon Drive+13+22
Coffin BrookJust upstream of the confluence with Worster BrookNone+133Town of Berwick.
Approximately 1.63 mile upstream of the confluence with Worster BrookNone+254
Coffin Brook Tributary 1Just upstream of the confluence with Coffin BrookNone+141Town of Berwick.
Just downstream of Cemetery RoadNone+320
Driscoll BrookApproximately 465 feet east of the intersection of State Route 236 and railroadNone+85Town of Berwick, Town of South Berwick.
Just downstream of Blackberry Hill RoadNone+159
Ferguson BrookJust upstream of the confluence with Worster BrookNone+117Town of Berwick.
Just downstream of Cemetery RoadNone+326
Goosefare BrookAlong the shoreline, at the intersection of Royal Street and Massachusetts Avenue+8+9Town of Old Orchard Beach.
Along the shoreline, at the intersection of New Salt Road and Grand AvenueNone+15
Great East LakeEntire shoreline within the Town of ActonNone+575Town of Acton.
Jones Brook (backwater effects from Scarborough River)From the Cumberland County boundary to approximately 0.7 mile upstream of the Cumberland County boundary+7+9Town of Old Orchard Beach.
Keay BrookJust upstream of the confluence with the Salmon Falls River.None+186Town of Berwick.
Approximately 890 feet south of the terminus of Richardson DriveNone+250
Kennebunk RiverApproximately 340 feet south of the terminus of Old Boston RoadNone+9Town of Arundel.
Little Ossipee RiverApproximately 0.6 mile upstream of Sand Pond RoadNone+287Town of Hollis.
Approximately 0.9 mile upstream of Sand Pond RoadNone+287
Little RiverJust upstream of the confluence with the Salmon Falls RiverNone+183Town of Berwick, Town of North Berwick.
Just upstream of the intersection of Little River Road and Dark Hollow LaneNone+249
Little River (backwater effects from Scarborough River)From the confluence with Mill Brook to approximately 1.4 mile upstream of the confluence with Mill Brook+7+9Town of Old Orchard Beach.
Mill Brook (backwater effects from Scarborough River)From the confluence with Jones Brook to approximately 0.8 mile upstream of the confluence with Jones Brook+7+9Town of Old Orchard Beach.
Mousam RiverApproximately 1,900 feet downstream of Main Street (U.S. Route 1)None+9Town of Kennebunk.
Approximately 1,000 feet upstream of Mill StreetNone+89
Mulloy BrookJust upstream of the confluence with Worster BrookNone+142Town of Berwick.
Approximately 1.1 mile upstream of the confluence with Worster BrookNone+304
Piscataqua RiverAlong the shoreline, approximately 270 feet south of the intersection of Langston Street and Prince Avenue+8+9Town of Kittery.
Along the shoreline, approximately 560 feet west of the intersection of Langston Street and Prince Avenue+8+14
Piscataqua RiverJust upstream of I-95, at the confluence with Spinney Creek+8+9Town of Eliot.
Approximately 100 feet downstream of Leach Road+8+9
Portsmouth HarborAlong the shoreline, approximately 165 feet east of the intersection of Haley Road and Pepperrell Road+8+9Town of Kittery.
Along the shoreline, approximately 390 feet east of the intersection of Bellamy Lane and Pepperrell Road+14+22
Province LakeEntire shoreline within the Town of ParsonsfieldNone+481Town of Parsonsfield.
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Saco RiverAlong the shoreline, at the terminus of Crestwood Drive+8+9City of Biddeford.
Along the shoreline, at the terminus of Reserved Lane+13+16
Salmon Falls RiverApproximately 2.7 miles upstream of New Bridge Road, at the corporate limitsNone+420Town of Acton.
Just downstream of State Route 109None+511
Sampson CoveAlong the shoreline, approximately 1,200 feet east of the intersection of Marshall Point Road and Mills Road+8+14Town of Kennebunkport.
Along the shoreline, approximately 720 feet east of the intersection of Fishers Lane and Agamenticus Avenue+15+17
Spruce CreekAlong the shoreline, approximately 920 feet north of the intersection of Whipple Road and Newson Avenue+8+9Town of Kittery.
Along the shoreline, approximately 920 feet north of the intersection of Whipple Road and Newson Avenue+8+13
Stump PondEntire shoreline within the Town of Newfield.None+559Town of Newfield.
The PoolAlong the shoreline, approximately 560 feet from the intersection of Days Landing and Dory LaneNone+9City of Biddeford.
Along the shoreline, approximately 490 feet from the intersection of Winter Harbor Lane and Bridge Road+8+11
Worster BrookJust upstream of the confluence with the Salmon Falls RiverNone+76Town of Berwick.
Approximately 5.8 miles upstream of the confluence with the Salmon Falls RiverNone+228
Worster Brook Tributary 3Just upstream of the confluence with Worster BrookNone+194Town of Berwick.
Just downstream of Thompson Hill RoadNone+310
* 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 Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
City of Biddeford
Maps are available for inspection at City Hall, 205 Main Street, Biddeford, ME 04005.
Town of Acton
Maps are available for inspection at 35 H Road, Acton, ME 04001.
Town of Arundel
Maps are available for inspection at the Town Hall, 468 Limerick Road, Arundel, ME 04046.
Town of Berwick
Maps are available for inspection at the Town Hall, 11 Sullivan Square, Berwick, ME 03901.
Town of Buxton
Maps are available for inspection at the Town Hall, 185 Portland Road, Buxton, ME 04093.
Town of Eliot
Maps are available for inspection at the Town Hall, 1333 State Road, Eliot, ME 03903.
Town of Hollis
Maps are available for inspection at the Town Hall, 34 Town Farm Road, Hollis, ME 04042.
Town of Kennebunk
Maps are available for inspection at the Town Hall, 1 Summer Street, Kennebunk, ME 04043.
Town of Kennebunkport
Maps are available for inspection at the Town Hall, 6 Elm Street, Kennebunkport, ME 04046.
Town of Kittery
Maps are available for inspection at the Town Hall, 200 Rogers Road, Kittery, ME 03904.
Town of Newfield
Maps are available for inspection at 637 Water Street, West Newfield, ME 04095.
Town of North Berwick
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Maps are available for inspection at the Town Hall, 21 Main Street, North Berwick, ME 03906.
Town of Ogunquit
Maps are available for inspection at the Town Hall, 23 School Street, Ogunquit, ME 03907.
Town of Old Orchard Beach
Maps are available for inspection at the Town Hall, 1 Portland Avenue, Old Orchard Beach, ME 04064.
Town of Parsonsfield
Maps are available for inspection at the Town Hall, 62 Federal Road, Parsonsfield, ME 04047.
Town of South Berwick
Maps are available for inspection at the Town Hall, 180 Main Street, South Berwick, ME 03908.
Town of Wells
Maps are available for inspection at the Town Hall, 208 Sanford Road, Wells, ME 04090.
Town of York
Maps are available for inspection at the Town Hall, 186 York Street, York, ME 03909.

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

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Dated: August 10, 2010.

Sandra K. Knight,

Deputy Federal Insurance and Mitigation Administrator, Mitigation, Department of Homeland Security, Federal Emergency Management Agency.

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[FR Doc. 2010-20410 Filed 8-17-10; 8:45 am]

BILLING CODE 9110-12-P