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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.

DATES:

Comments are to be submitted on or before March 14, 2011.

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-1167, to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-4064, or (e-mail) luis.rodriguez1@dhs.gov.

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FOR FURTHER INFORMATION CONTACT:

Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-4064, or (e-mail) luis.rodriguez1@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
St. Charles County, Missouri, and Incorporated Areas
Baltic CreekAt the confluence with Dardenne Creek+472+470City of Cottleville, City of St. Peters, City of Weldon Spring, Unincorporated Areas of St. Charles County.
Approximately 0.7 mile upstream of the confluence with Tributary 7+494+492
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Boschert CreekAt the confluence with Cole Creek+443+441City of St. Charles, Unincorporated Areas of St. Charles County.
Approximately 0.6 mile upstream of Sibley Street+522+532
Cole CreekApproximately 0.4 mile upstream of the confluence with Boschert Creek+442+443City of St. Charles.
Approximately 800 feet upstream of Graystone Drive+528+529
Crooked CreekAt the confluence with Dardenne Creek+476+475City of Cottleville, City of O'Fallon, City of Weldon Spring, Unincorporated Areas of St. Charles County.
Approximately 0.7 mile upstream of I-64None+574
Cunningham BranchAt the confluence with Dardenne Creek+538+535City of O'Fallon, Unincorporated Areas of St. Charles County.
Approximately 1,250 feet upstream of State Highway DNone+644
Dardenne CreekApproximately 400 feet downstream of Norfolk Southern Railroad+443+444City of Cottleville, City of O'Fallon, City of St. Peters, Town of Dardenne Prairie, Unincorporated Areas of St. Charles County.
Approximately 2.3 miles upstream of Oberhelman Road+752+748
East BranchAt the confluence with Spencer Creek+456+458City of St. Peters.
Spencer CreekJust downstream of Boone Hills Drive+499+503
East BranchAt the confluence with Dardenne Creek+481+480City of Cottleville, City of O'Fallon, Unincorporated Areas of St. Charles County.
Tributary BApproximately 150 feet upstream of State Highway K+516+525
East Cole CreekAt the confluence with Cole Creek+454+457City of St. Charles.
Approximately 600 feet upstream of Canary Lane+487+478
Kraut RunAt the confluence with Dardenne Creek+505+506Unincorporated Areas of St. Charles County.
Approximately 1,000 feet upstream of Wilson RoadNone+607
Lake Sainte LouiseEntire shoreline within communityNone+546City of Lake St. Louis, Unincorporated Areas of St. Charles County.
Little Dardenne CreekAt the confluence with Dardenne Creek+553+554
Approximately 0.9 mile upstream of Morrison LaneNone+719
Oday CreekAt the confluence with Dardenne Creek+504+505City of Lake St. Louis, City of O'Fallon, City of St. Charles, Unincorporated Areas of St. Charles County.
Approximately 425 feet upstream of State Highway NNone+587
Old Dardenne CreekAt the confluence with Dardenne Creek+485+486City of O'Fallon, City of St. Charles, Town of Dardenne Prairie, Unincorporated Areas of St. Charles County.
Approximately 350 feet upstream of U.S. Route 40/61None+502
Peruque CreekApproximately 0.3 mile downstream of State Highway Z+532+530City of Foristell, City of Wentzville, Unincorporated Areas of St. Charles County.
Approximately 1.3 miles upstream of State Highway TNone+630
Peruque CreekAt the confluence with Peruque CreekNone+613City of Foristell, Unincorporated Areas of St. Charles County.
Tributary 2Approximately 600 feet upstream of State Highway TNone+734
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Peruque Creek Tributary 8Approximately 1.0 mile upstream of the confluence with Peruque CreekNone+505City of Lake St. Louis, City of Wentzville.
Approximately 0.6 mile upstream of I-70None+546
Peruque Creek Tributary 9Approximately 1.0 mile upstream of the confluence with Peruque Creek+504+505City of Lake St. Louis, Unincorporated Areas of St. Charles County.
Approximately 0.4 mile upstream of Henke RoadNone+539
Peruque Creek Tributary 12At the confluence with Peruque Creek+472+471City of St. Paul, Unincorporated Areas of St. Charles County.
Approximately 0.4 mile upstream of Meadow Farm LaneNone+527
Peruque Creek Tributary 14Approximately 0.2 mile upstream of the confluence with Peruque CreekNone+464City of O'Fallon, Unincorporated Areas of St. Charles County.
Approximately 1,000 feet upstream of Civic Park DriveNone+512
Peruque Creek Tributary 15Approximately 900 feet upstream of the confluence with Peruque CreekNone+464City of O'Fallon.
Approximately 1,300 feet upstream of Main StreetNone+507
Sandfort CreekJust downstream of Norfolk Southern Railroad+443+442City of St. Charles, Unincorporated Areas of St. Charles County.
Approximately 350 feet downstream of Muegge RoadNone+497
Schote CreekAt the confluence with Dardenne Creek+482+481City of O'Fallon, Town of Dardenne Prairie, Unincorporated Areas of St. Charles County.
Approximately 1.6 miles upstream of U.S. Route 40/61None+583
Spencer CreekApproximately 365 feet upstream of the railroad+443+444City of St. Peters, Unincorporated Areas of St. Charles County.
Approximately 1,200 feet upstream of Millwood Drive+525+526
Tributary AAt the confluence with Dardenne Creek+470+469City of St. Peters, Unincorporated Areas of St. Charles County.
Approximately 500 feet upstream of Starlight Drive+533+536
Tributary No. 1At the confluence with Dardenne Creek+461+464City of St. Peters, Unincorporated Areas of St. Charles County.
Approximately 400 feet upstream of Harris DriveNone+473
Tributary No. 2Just upstream of Ohmes Road+466+465City of St. Peters.
Approximately 0.5 mile upstream of Ohmes RoadNone+478
Tributary No. 3At the confluence with Tributary A+470+469Unincorporated Areas of St. Charles County.
Approximately 0.8 mile upstream of St. Peters-Howell RoadNone+503
Tributary No. 4At the confluence with Tributary A+470+469City of St. Peters, Unincorporated Areas of St. Charles County.
Approximately 1,150 feet upstream of Woodstream DriveNone+509
Tributary No. 7At the confluence with Baltic Creek+483+482City of St. Peters, City of Weldon Spring.
Approximately 0.8 mile upstream of Pitmann Hill RoadNone+504
Tributary No. 9At the confluence with Crooked Creek+479+480City of Weldon Spring, Unincorporated Areas of St. Charles County.
Approximately 0.5 mile upstream of Guthermuth Road+496+497
Tributary No. 13At the confluence with Dardenne Creek+485+486City of O'Fallon, Town of Dardenne Prairie.
Approximately 700 feet upstream of McClure Road+509+508
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Tributary No. 15At the confluence with Dardenne Creek+496+495City of O'Fallon, Town of Dardenne Prairie, Unincorporated Areas of St. Charles County.
Approximately 300 feet upstream of Keystone Crossing DriveNone+567
Tributary No. 17Approximately 0.8 mile upstream of the confluence with Dardenne CreekNone+522City of O'Fallon, Unincorporated Areas of St. Charles County.
Approximately 900 feet upstream of Hopewell RoadNone+895
Tributary No. 19Approximately 1,300 feet upstream of the confluence with Dardenne Creek+504+505Unincorporated Areas of St. Charles County.
Approximately 2.1 miles upstream of the confluence with Dardenne CreekNone+573
West Branch Spencer CreekAt the confluence with Spencer Creek+453+450Unincorporated Areas of St. Charles County.
Approximately 400 feet upstream of Willott RoadNone+510
West Branch Tributary BAt the confluence with East Branch Tributary B+491+489Town of Dardenne Prairie.
Approximately 150 feet upstream of Bryan RoadNone+622
West Sandfort CreekAt the confluence with Sandfort Creek+451+450City of St. Charles, Unincorporated Areas of St. Charles County.
Approximately 1,400 feet upstream of Harry S. Truman Boulevard+466+459
* 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 Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
City of Cottleville
Maps are available for inspection at City Hall, 5490 5th Street, Cottleville, MO 63338.
City of Foristell
Maps are available for inspection at City Hall, 121 Mulberry Street, Foristell, MO 63348.
City of Lake St. Louis
Maps are available for inspection at City Hall, 200 Civic Center Drive, Lake St. Louis, MO 63367.
City of O'Fallon
Maps are available for inspection at City Hall, 100 North Main Street, O'Fallon, MO 63366.
City of St. Charles
Maps are available for inspection at City Hall, 200 North 2nd Street, St. Charles, MO 63301.
City of St. Paul
Maps are available for inspection at City Hall, 2300 Saint Paul Road, St. Paul, MO 63366.
City of St. Peters
Maps are available for inspection at City Hall, 1 Saint Peter Centre Boulevard, St. Peters, MO 63376.
City of Weldon Spring
Maps are available for inspection at City Hall, 5401 Independence Road, Weldon Spring, MO 63304.
City of Wentzville
Maps are available for inspection at City Hall, 310 West Pearce Boulevard, Wentzville, MO 63385.
Town of Dardenne Prairie
Maps are available for inspection at the Town Hall, 2032 Hanley Road, Dardenne Prairie, MO 63368.
Unincorporated Areas of St. Charles County
Maps are available for inspection at the St. Charles County Administrative Building, 201 North 2nd Street, St. Charles, MO 63301.
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(Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”)

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Dated: December 3, 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. 2010-31151 Filed 12-10-10; 8:45 am]

BILLING CODE 9110-12-P