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Proposed Rule

Proposed Flood Elevation Determinations

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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 to 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.

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DATES:

Comments are to be submitted on or before December 27, 2010.

ADDRESSES:

The corresponding preliminary Flood Insurance Rate Map (FIRM) for the proposed BFEs for each community is 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-1131, 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) 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 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.

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.

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

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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:

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
Boulder County, Colorado, and Incorporated Areas
55th Street Split FlowApproximately 350 feet upstream of Burlington Northern and Sante Fe RailroadNone+5222City of Boulder, Unincorporated Areas of Boulder County.
Just downstream of South Boulder RoadNone+5345
Dry Creek Ditch No. 2Approximately 800 feet upstream of the confluence with South Boulder CreekNone+5192City of Boulder, Unincorporated Areas of Boulder County.
At Arapahoe AvenueNone+5234
South Boulder CreekAt the confluence with Boulder Creek+5178+5175City of Boulder, Unincorporated Areas of Boulder County.
Approximately 770 feet upstream of Eldorado Springs RoadNone+5820
West Valley Split FlowApproximately 200 feet upstream of Burlington Northern and Santa Fe RailroadNone+5226City of Boulder, Unincorporated Areas of Boulder County.
Just downstream of Apache RoadNone+5345
* 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.
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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 Boulder
Maps are available for inspection at 1739 Broadway Street, Boulder, CO 80306.
Unincorporated Areas of Boulder County
Maps are available for inspection at 1739 Broadway Street, Boulder, CO 80306,
Volusia County, Florida, and Incorporated Areas
Angela LakeEntire shorelineNone*28City of Deltona.
Dupont LakeEntire shorelineNone*28City of Deltona.
Lake ButlerEntire shorelineNone*28City of Deltona, Unincorporated Areas of Volusia County.
Louise LakeEntire shorelineNone*28City of Deltona.
Outlook LakeEntire shorelineNone*57City of Deltona.
Ponding Area 5Ponding area bounded by I-4 to the north and west, North Firwood Drive to the south, and North Normandy Boulevard to the eastNone*44City of Deltona.
Ponding Area 6Ponding area bounded by Graves Avenue to the north, North Normandy Boulevard to the west, North Firwood Drive to the south, and West Seagate Drive to the eastNone*74City of Deltona.
Ponding Area 7Ponding area bounded by Graves Avenue to the north, North Normandy Boulevard to the west, North Firwood Drive to the south, and West Seagate Drive to the eastNone*74City of Deltona.
Ponding Area 8Ponding area bounded by I-4 to the north and west, North Gloria Drive to the south, and East Annapolis Drive to the eastNone*36City of Deltona.
Ponding Area 9Ponding area bounded by Graves Avenue to the north, North Normandy Boulevard to the west, Vicksburg Street to the south, and Utility Driveway to the eastNone*79City of Deltona.
Ponding Area 10Ponding area bounded by North Firwood Drive to the north, North Normandy Boulevard to the west, Arlene Drive to the south, and East Firwood Drive to the eastNone*79City of Deltona.
Ponding Area 11Ponding area bounded by Graves Avenue to the north, North Normandy Boulevard to the west, Vicksburg Street to the south, and Utility Driveway to the eastNone*79City of Deltona.
Ponding Area 12Ponding area bounded by Flagler Street to the north, I-4 to the west, South Annapolis Drive to the south, and East Annapolis Drive to the eastNone*36City of Deltona.
Ponding Area 13Ponding area bounded by Arlene Drive to the north, North Normandy Boulevard to the west and south, and Fitzpatrick Terrace to the eastNone*65City of Deltona.
Ponding Area 14Ponding area bounded by North Fairbanks Drive to the north, East Firwood Drive to the west, Arlene Drive to the south, and Banbury Avenue to the eastNone*88City of Deltona.
Ponding Area 15Ponding area bounded by I-4 to the north and west, Sullivan Street to the south, and Galveston Avenue to the eastNone*32City of Deltona.
Ponding Area 16Ponding area bounded by North Gloria Drive to the north, Galveston Avenue to the west, Antelope Drive to the south, and East Gloria Drive to the eastNone*38City of Deltona.
Ponding Area 17Ponding area bounded by Applegate Terrace to the north, East Gloria Drive to the west and south, and North Normandy Boulevard to the eastNone*51City of Deltona.
Ponding Area 18Ponding area bounded by I-4 to the north and west, Sullivan Street to the south, and Galveston Avenue to the eastNone*40City of Deltona.
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Ponding Area 19Ponding area bounded by Geraldine Drive to the north and east, Apricot Drive to the west, and Gondolier Terrace to the southNone*38City of Deltona.
Ponding Area 20Ponding area bounded by Gallagher Avenue to the north and west, Sullivan Street to the south, and East Gloria Drive to the eastNone*51City of Deltona.
Ponding Area 21Ponding area bounded by I-4 to the north and west, Rockford Street to the south, and West Parkton Drive to the eastNone*34City of Deltona.
Ponding Area 22Ponding area bounded by I-4 to the north and west, Sullivan Street to the south, and Galveston Avenue to the eastNone*40City of Deltona.
Ponding Area 23Ponding area bounded by Gallagher Avenue to the north and west, Sullivan Street to the south, and East Gloria Drive to the eastNone*43City of Deltona.
Ponding Area 24Ponding area bounded by Sullivan Street to the north, East Parkton Drive to the west, South Anchor Drive to the south, and East Anchor Drive to the eastNone*43City of Deltona.
Ponding Area 25Ponding area bounded by Gainsboro Street to the north, East Anchor Drive to the west, Elwood Street to the south, and Dupont Court to the eastNone*53City of Deltona.
Ponding Area 26Ponding area bounded by North Goodrich Drive to the north, Escobar Avenue to the west, South Glancy Drive to the south, and East Glancy Drive to the eastNone*37City of Deltona.
Ponding Area 27Ponding area bounded by Leland Drive to the north and west, Fisher Drive to the south, and Providence Boulevard to the eastNone*31City of Deltona.
Ponding Area 28Ponding area bounded by Providence Boulevard to the north and west, Grapewood Street to the south, and Chestnut Court to the eastNone*39City of Deltona.
Ponding Area 29Ponding area bounded by Leland Drive to the north, Coventry Estates Boulevard to the west, Debary Avenue to the south, and Monarco Avenue to the eastNone*34City of Deltona, Unincorporated Areas of Volusia County.
Ponding Area 30Ponding area bounded by Beckwith Street to the north, Coachman Drive to the west, Bentley Court to the south, and Courtland Boulevard to the eastNone*47City of Deltona.
Ponding Area 31Ponding area bounded by Captain Drive to the north, Parma Drive to the west, Lake Helen Osteen Road to the south, and Snow Drive to the eastNone*28City of Deltona.
Ponding Area 32Ponding area bounded by Yorkshire Drive to the north and west, Catalina Boulevard to the south, and Lake Helen Osteen Road to the eastNone*36City of Deltona.
Ponding Area 33Ponding area bounded by Coventry Street to the north, Courtland Boulevard to the west, Riverhead Drive to the south, and Jewel Avenue to the eastNone*51City of Deltona.
Ponding Area 34Ponding area bounded by Riverhead Drive to the north, Courtland Boulevard to the west, Laredo Drive to the south, and East Dorchester Drive to the eastNone*51City of Deltona, Unincorporated Areas of Volusia County.
Ponding Area 35Ponding area bounded by Elkcam Boulevard to the north, East Cooper Drive to the west, Beechdale Drive to the south, and Eden Drive to the eastNone*28City of Deltona.
Ponding Area 36Ponding area bounded by Tivoli Drive to the north, Lydia Drive to the west, Fergason Avenue to the south, and Providence Boulevard to the eastNone*49City of Deltona.
Ponding Area 37Ponding area bounded by Lake Helen Osteen Road to the north, Center Road to the west, Howland Boulevard to the south, and Austin Avenue to the eastNone*28City of Deltona.
Ponding Area 38Ponding area bounded by Newmark Drive to the north, Cofield Drive to the west, Conyers Court to the south, and Amboy Drive to the eastNone*28City of Deltona.
Ponding Area 39Ponding area bounded by Clewiston Street to the north, Etta Circle to the west, Hallow Drive to the south, and Courtland Boulevard to the eastNone*23City of Deltona.
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Ponding Area 40Ponding area bounded by Montcalm Street to the north, Gage Avenue to the west, Goldenhills Street to the south, and Clarion Circle to the eastNone*26City of Deltona.
Ponding Area 41Ponding area bounded by Alexander Avenue to the north and east, Providence Boulevard to the west, and Grapewood Street to the southNone*69City of Deltona.
Ponding Area 42Ponding area bounded by Doyle Road to the north, Braddock Road to the west and south, and West Harbor Drive to the eastNone*42City of Deltona, Unincorporated Areas of Volusia County.
Ponding Area 43Ponding area bounded by Lake Helen Osteen Road to the north and east, Sixma Road to the west, and Yorkshire Drive to the southNone*34City of Deltona, Unincorporated Areas of Volusia County.
Ponding in the vicinity of Angela Lake, Dupont Lake, Lake Butler, Louise Lake, and Theresa LakePonding area bounded by Howland Boulevard to the north and east, Providence Boulevard to the west, and Doyle Road to the southNone*28City of Deltona, Unincorporated Areas of Volusia County.
Theresa LakeEntire shorelineNone*28City of Deltona.
Three Island LakesEntire shorelineNone*28City of Deltona, Unincorporated Areas of Volusia County.
Trout LakeEntire shorelineNone*26City of Deltona.
* 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 Deltona
Maps are available for inspection at the Department of Developmental Services, 777 Deltona Boulevard, Deltona, FL 32725.
Unincorporated Areas of Volusia County
Maps are available for inspection at the Volusia County Office of Growth Management, 123 West Indiana Avenue, DeLand, FL 32720.

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

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Dated: September 13, 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. 2010-24146 Filed 9-24-10; 8:45 am]

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