73 FR 65 pgs. 18246-18252 - Proposed Flood Elevation Determinations

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Type: PRORULEVolume: 73Number: 65Pages: 18246 - 18252

Docket number: [Docket No. FEMA-B-7768]

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

Agency: Homeland Security Department

Sub Agency: Federal Emergency Management Agency

Official PDF Version: PDF Version

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-B-7768]

Proposed Flood Elevation Determinations

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.

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.

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.

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.

List of Subjects in 44 CFR Part 67

Administrative practice and procedure, Flood insurance, Reporting and recordkeeping requirements.

Accordingly, 44 CFR part 67 is proposed to be amended as follows:

PART 67-[AMENDED]

1. The authority citation for part 67 continues to read as follows:

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.

§ 67.4 [Amended]

2. The tables published under the authority of § 67.4 are proposed to be amended as follows:

State	City/town/county	Source of flooding	Location **	* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground	Existing
City of Richmond, Virginia
Virginia	City of Richmond	Bacons Quarter Branch	Approximately at the confluence with Shockoe Creek	None	+67
			Approximately 1400 feet upstream of Hermitage Road	None	+184
Virginia	City of Richmond	Battery Park Ponding Area	Approximately 2250 feet south of Overbrook Road	None	+136
			Approximately 850 feet north of Overbrook Road	None	+139
Virginia	City of Richmond	Cannons Creek Branch	Approximately at the confluence with Bacons Quarter Branch	None	+74
			Approximately 200 feet downstream of Vale Street	None	+96
Virginia	City of Richmond	Jordans Branch	Approximately 35 feet north of Route 64 near the Henrico County line	None	+164
			Approximately 120 feet north of Route 64 near the Henrico County line	None	+164
Virginia	City of Richmond	Pocoshock Creek	Approximately at the Chesterfield County line	None	+133
			Approximately at the confluence with Pocosham Creek	None	+133
Virginia	City of Richmond	Shockoe Creek	Approximately at East Franklin Street	+21	+23
			Approximately 2700 feet upstream of Magnolia Street	None	+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.

Flooding source(s)	Location of referenced elevation **	* Elevation in feet(NGVD) + Elevation in feet(NAVD) # Depth in feet above ground	Effective	Modified
Washington County, Minnesota, and Incorporated Areas
10th Street Basin	Entire shoreline	None	+885	City of Afton.
10th Street and Neal Avenue Basin	Entire shoreline	None	+867	City of Afton.
8th Street Basin	Entire shoreline	None	+880	City of Afton.
Barker Lake	Entire shoreline	None	+891	City of Hugo, Unincorporated Areas of Washington County.
Bay Lake	Entire shoreline	None	+891	Unincorporated Areas of Washington County.
Cloverdale Lake	Entire shoreline	None	+907	Unincorporated Areas of Washington County.
East Boot Lake	Entire shoreline	None	+920	Unincorporated Areas of Washington County.
Fish Lake	Entire shoreline	None	+954	City of Scandia.
Forest Lake	Entire shoreline	None	+903	City of Forest Lake.
Freidrich Pond	Entire shoreline	None	+913	City of Lake Elmo.
German Lake	Entire shoreline	None	+959	City of Scandia.
Klawitter Pond	Entire shoreline	None	+963	City of Lake Elmo.
Kramer Pond	Entire shoreline	None	+914	City of Lake Elmo.
Legion Pond	Entire shoreline	None	+889	City of Lake Elmo.
Maple Marsh	Entire shoreline	None	+975	Unincorporated Areas of Washington County.
McDonald Lake	Entire shoreline	None	+892	Unincorporated Areas of Washington County.
Mississippi River	Approximately 1,850 feet upstream of southern County Boundary	+692	+691	City 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 Channel	At the convergence with the Mississippi River	+698	+697	City of Cottage Grove, Unincorporated Areas of Washington County.
	Just downstream of Grey Cloud Island Drive South	+698	+697
Raleigh Creek	Approximately 180 feet upstream of the confluence with Lake Elmo	+889	+899	City of Lake Elmo, City of Oakdale.
	Approximately 845 feet upstream of 31st Street North	None	+975
Silver Lake	Entire shoreline	None	+991	City of Oakdale.
South Branch Clearwater Creek	At the confluence with Clearwater Creek	+912	+910	City of Hugo.
	Approximately 950 feet upstream of the confluence with Clearwater Creek	+912	+911
St. Croix River	Approximately 16,265 feet downstream of confluence with Interstate Highway 94	+691	+692	Unincorporated 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 Railroad	None	+698
Staples Lake	Entire shoreline	None	+950	Unincorporated Areas of Washington County.
Sunfish Lake	Entire shoreline	+894	+899	City of Lake Elmo.
Tingley Springs	Entire shoreline	None	+931	City of Hugo.
Unnamed Wetland DNR ID No. 82015600	Entire shoreline	None	+962	City of Hugo, City of Forest Lake.
Unnamed Wetland DNR ID No. 82016500	Entire shoreline	None	+964	City of Forest Lake.
Unnamed Wetland DNR ID No. 82021200	Entire shoreline	None	+965	City of Forest Lake, City of Scandia.
Unnamed Wetland DNR ID No. 82021300	Entire shoreline	None	+966	City of Scandia.
Unnamed Wetland DNR ID No. 82021600	Entire shoreline	None	+936	City of Forest Lake, City of Hugo.
Unnamed Wetland DNR ID No. 82022000	Entire shoreline	None	+958	City of Forest Lake, City of Hugo.
Unnamed Wetland DNR ID No. 82022100	Entire shoreline	None	+940	City of Hugo.
Unnamed Wetland DNR ID No. 82022200	Entire shoreline	None	+948	City of Hugo.
Unnamed Wetland DNR ID No. 82022300	Entire shoreline	None	+983	City of Hugo, Unincorporated Areas of Washington County.
Unnamed Wetland DNR ID No. 82022400	Entire shoreline	None	+957	City of Hugo.
Unnamed Wetland DNR ID No. 82022500	Entire shoreline	None	+974	City of Hugo.
Unnamed Wetland DNR ID No. 82022700	Entire shoreline	None	+945	City of Hugo.
Unnamed Wetland DNR ID No. 82022900	Entire shoreline	None	+952	City of Hugo.
Unnamed Wetland DNR ID No. 82031200	Entire shoreline	None	+910	Unincorporated Areas of Washington County.
Unnamed Wetland DNR ID No. 82035000	Entire shoreline	None	+1005	City of Grant.
Unnamed Wetland North DNR ID No. 82031100	Entire shoreline	None	+916	Unincorporated Areas of Washington County.
Unnamed Wetland South DNR ID No. 82031100	Entire shoreline	None	+918	Unincorporated Areas of Washington County.
Valley Branch	Approximately 345 feet downstream of Putman Boulevard South	+692	+693	City of Afton.
	At West Metcalf Marsh Outfall	None	+813
Valley Creek	At the confluence with Valley Branch	+717	+714	City of Afton.
	Approximately 2,080 feet upstream of 22nd Street South (most upstream crossing)	None	+907
Valley Creek Tributary	At the confluence with Valley Creek	None	+792	City of Afton.
	Approximately 3,265 feet upstream of the confluence with Valley Creek	None	+812
West Boot Lake	Entire shoreline	None	+920	Unincorporated Areas of Washington County.
West Metcalf Marsh	Entire shoreline	None	+813	City of Afton.
White Rock Lake	Entire shoreline	None	+966	City 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.
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 Creek	Approximately 260 feet upstream of Brady Lake Road	None	+1040	Unincorporated Areas of Portage County.
	At confluence of Breakneck Creek and Hudson Ditch	None	+1069
Breakneck Creek Overflow	Approximately 5,300 feet upstream of Main Street	None	+1048	City of Kent.
	Approximately 1,400 feet downstream of Powder Mill Road	None	+1048
Breakneck Creek Overflow	Approximately 3,500 feet upstream of Main Street	None	+1047	Unincorporated Areas of Portage County.
	Approximately 600 feet downstream of Powder Mill Road	None	+1048
Cuyahoga River	Approximately 80 feet upstream of Main Street	+1085	+1084	Village of Mantua.
	Approximately 3,300 feet upstream of High Street	+1088	+1087
Cuyahoga River	Approximately 1,500 feet upstream of River Bend Boulevard	None	+1040	Unincorporated Areas of Portage County.
	Approximately 2,900 feet upstream of River Bend Boulevard	None	+1040
	Approximately 1,600 feet downstream of Infirmary Road	None	+1082
	Approximately 3,300 feet upstream of High Street	None	+1087
Cuyahoga River Overflow	Approximately 1,100 feet upstream of confluence with Cuyahoga River	None	+1083	Village of Mantua.
	Approximately 2,600 feet upstream of confluence with Cuyahoga River	None	+1083
Cuyahoga River Overflow	Approximately 700 feet upstream of confluence with Cuyahoga River	None	+1083	Unincorporated Areas of Portage County.
	Approximately 1,700 feet upstream of confluence with Cuyahoga River	None	+1083
Hudson Ditch	At confluence of Breakneck Creek and Hudson Ditch	None	+1069	Unincorporated Areas of Portage County.
	Approximately 2,300 feet upstream of Bower Road	None	+1084
Plum Creek	Approximately 30 feet upstream of Railroad	+1016	+1017	City of Kent.
	Approximately 200 feet downstream of Howe Road	None	+1040
Plum Creek	Approximately 330 feet downstream of Howe Road	None	+1039	Unincorporated Areas of Portage County.
	Approximately 4,000 feet upstream of Tallmadge Road	None	+1078
* National Geodetic Vertical Datum.
# Depth in feet above ground.
+ North American 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
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 Run	Approximately at the confluence with North Fork Beech Creek	None	+1396	Township of Snow Shoe.
	Approximately at Clarence Road	None	+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 Creek	Approximately 1,430 ft downstream of Hawkins Mill Road	+678	+679	Unincorporated Areas of Bedford County.
	Approximately 2,200 ft downstream of Tabernacle Lane	+823	+829
Johns Creek	Approximately at confluence with Little Otter River	None	+732	Unincorporated Areas of Bedford County, City of Bedford.
	Approximately 1,800 ft downstream of Independence Boulevard	None	+818
Johns Creek	Approximately 445 ft downstream of Independence Boulevard	+827	+828	City of Bedford, Unincorporated Areas of Bedford County.
	Approximately 740 ft upstream of Independence Boulevard	+841	+842
	Approximately 3,400 ft upstream of Independence Boulevard	None	+861
	Approximately at East Main Street	None	+939
Little Otter River	Approximately at Big Island Highway	+790	+792	Unincorporated Areas of Bedford County.
	Approximately at Route 43	+837	+839
Tributary No. 10 To Ivy Creek	Approximately at confluence with Ivy Creek	None	+700	Unincorporated Areas of Bedford County.
	Approximately 500 ft downstream of Forest Road	None	+838
Tributary No. 10 To Little Otter River	Approximately at confluence with Little Otter River	None	+839	City of Bedford, Unincorporated Areas of Bedford County.
	Approximately at Lake Drive	None	+867
Tributary No. 11 To Ivy Creek	Approximately at confluence with Ivy Creek	None	+696	Unincorporated Areas of Bedford County.
	Approximately 250 ft downstream of Forest Road	None	+802
Tributary No. 14 To Ivy Creek	Approximately at confluence with Ivy Creek	None	+683	Unincorporated Areas of Bedford County.
	Approximately 1,500 ft upstream of McIntosh Drive	None	+812
Tributary No. 15 To Ivy Creek	Approximately at county boundary with the City of Lynchburg	None	+671	Unincorporated Areas of Bedford County.
	Approximately 1 mi upstream of Hawkins Mill Road	None	+800
Tributary No. 8 To Little Otter River	Approximately at confluence with Little Otter River	None	+797	Unincorporated Areas of Bedford County, City of Bedford.
	Approximately at Bedford City corporate limits	None	+824
Tributary No. 8 To Little Otter River	Approximately at Bedford City corporate limits	None	+824	City of Bedford, Unincorporated Areas of Bedford County.
	Approximately 500 ft downstream of Longwood Avenue	None	+932
Tributary No. 8A To Little Otter River	Approximately at confluence with Tributary No. 8 To Little Otter River	None	+824	City of Bedford, Unincorporated Areas of Bedford County.
	Approximately 0.5 mi upstream of confluence with Tributary No. 8 To little Otter River	None	+914
Tributary No. 9 To Little Otter River	Approximately at confluence with Little Otter River	None	+826	Unincorporated Areas of Bedford County, City of Bedford.
	Approximately 1,700 ft downstream of Whitfield Drive	None	+851
Tributary No. 9 To Little Otter River	Approximately 1,700 ft downstream of Whitfield Drive	None	+851	City of Bedford, Unincorporated Areas of Bedford County.
	Approximately 2,400 ft upstream of Whitfield Drive	None	+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.")

Dated: March 17, 2008.

David I. Maurstad,

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

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

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