[Federal Register Volume 74, Number 216 (Tuesday, November 10, 2009)]
[Proposed Rules]
[Pages 57979-57982]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-27114]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2008-0020; Internal Agency Docket Nos. FEMA-B-1060 and 
FEMA-B-1062]


Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Proposed rule; correction.

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SUMMARY: FEMA is correcting a table for Black Hawk County, Iowa, and 
Incorporated Areas. Further, on July 8, 2009, FEMA published a proposed 
rule that properly addressed St. Charles County, Missouri, and 
Incorporated Areas, but incorrectly indicated that St. Charles County 
had not been included in any previously published proposed rule. FEMA 
seeks to correct and clarify that statement.

FOR FURTHER INFORMATION CONTACT: Kevin C. Long, Acting Chief, 
Engineering Management Branch, Mitigation Directorate, Federal 
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, 
(202) 646-2820 or (e-mail) [email protected].

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency 
(FEMA) proposes 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 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.

Need for Corrections

    FEMA is correcting a table in a proposed rule which published on 
July 2, 2009, at 74 FR 31656, and correcting an incorrect statement 
made in the preamble to a proposed rule that published on July 8, 2009, 
at 74 FR 32480. On July 2, 2009, FEMA published a proposed rule that 
contained two errors: first, a table for Black Hawk County, Iowa, and 
Incorporated Areas contained incorrect information; and second, a table 
for St. Charles County, Missouri, and Incorporated Areas should not 
have been included in the rule and published in error. On July 8, 2009, 
at 74 FR 32480, FEMA published a separate proposed rule which properly 
addressed St. Charles County, Missouri, and Incorporated Areas. 
However, the July 8 rule incorrectly indicated that St. Charles County 
had not been included in any previous proposed rule. FEMA seeks to 
correct and clarify that statement.

[[Page 57980]]

    The July 2, 2009, proposed rule contained a table entitled ``Black 
Hawk County, Iowa, and Incorporated Areas,'' which contained errors. 
For flooding source ``Dry Run Creek Diversion,'' the table contained 
inaccurate information as to the location of referenced elevation, 
effective and modified elevation in feet, or communities affected. 
Also, for flooding source ``Ponded Area No. 2, from Elk Run Creek, 
landside of levee,'' the table contained a misspelling for Lafayette 
Road. FEMA is now publishing a revised table for Black Hawk County, 
Iowa, and Incorporated Areas, containing the accurate information, to 
address these prior errors. The information provided in the table below 
should be used in lieu of the table published on July 2, 2009.
    In addition, the July 2, 2009 proposed rule also contained a table 
entitled, ``St. Charles County, Missouri, and Incorporated Areas.'' The 
table was erroneously included in the July 2 rule, and should not have 
published at that time. Base flood elevations for St. Charles County 
properly published in a subsequent proposed rule on July 8, 2009, at 74 
FR 32480; the proposed table in the July 8 rule effectively replaced 
the July 2 proposed table.
    The July 8 proposed rule addressed communities in the greater St. 
Louis, Missouri, area, that are the subject of an act of Congress that 
required FEMA to delay the statutory appeals process, required under 
Section 1363 of the National Flood Insurance Act of 1968, until certain 
publication requirements were met for each of these communities. 
(Consolidated Security, Disaster Assistance, and Continuing 
Appropriations Act 2009, Public Law 110-329, Div. B, Sec. 10503, 122 
Stat. 3574, 3593 (2008)). The preamble of the July 8 proposed rule 
contained an incorrect statement which FEMA seeks to clarify here. The 
proposed rule stated that it was the first publication of proposed BFEs 
for the affected Missouri counties. This statement was inaccurate; as 
explained above, St. Charles County, Missouri, and Incorporated Areas 
had been inadvertently included in the July 2 rule. However, the 
inadvertent publication of the July 2 table for St. Charles County will 
not affect FEMA's determination to run concurrent comment and appeal 
periods for all of the communities affected by the July 8 proposed 
rule. Therefore, counties should consider the July 2 tables for St. 
Charles County, Missouri, and Incorporated Areas withdrawn and replaced 
by the July 8 proposed tables. All comment periods and associated time 
deadlines shall be calculated using the dates and information published 
in the July 8 proposed rule.

Correction

    In the proposed rule published July 2, 2009 (74 FR 31656), on page 
31658, revise the table for Black Hawk County, Iowa, and Incorporated 
Areas to read as follows:

----------------------------------------------------------------------------------------------------------------
                                                                  * Elevation in feet
                                                                (NGVD)  + Elevation in
                                                                feet  (NAVD)  
                                       Location of referenced    Depth in feet  above
         Flooding source(s)                 elevation**         ground [caret]Elevation    Communities affected
                                                                   in  meters (MSL)
                                                              --------------------------
                                                                Effective     Modified
----------------------------------------------------------------------------------------------------------------
                                 Black Hawk County, Iowa, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Big Woods Creek.....................  Approximately 88 feet           None         +864  City of Cedar Falls,
                                       upstream of Lone Tree                              Unincorporated Areas
                                       Road.                                              of Black Hawk County.
                                      Just downstream of              None         +920
                                       Cedar-Wapsi Road.
Big Woods Creek Upper Diversion.....  Approximately 0.5 mile          None         +870  Unincorporated Areas of
                                       upstream of Mount                                  Black Hawk County.
                                       Vernon Road.
                                      Approximately 0.6 mile          None         +875
                                       upstream of Cedar-
                                       Wapsi Road.
Black Hawk Creek....................  Just upstream of West           +872         +870  Unincorporated Areas of
                                       Shaulis Road.                                      Black Hawk County,
                                                                                          City of Hudson, City
                                                                                          of Waterloo.
                                      Approximately 975 feet          +890         +891
                                       downstream of Zaneta
                                       Road.
Cedar River.........................  Just upstream of Lone           None         +864  City of Cedar Falls.
                                       Tree Road and
                                       Interstate 218.
                                      East of Big Woods Road          None         +864
                                       and approximately 0.3
                                       mile south of
                                       Dunkerton Road along
                                       Illinois Central Gulf
                                       Railroad.
Cedar River.........................  Approximately 0.6 mile          +858         +859  City of Cedar Falls,
                                       downstream of                                      City of Waterloo,
                                       Interstate 218.                                    Unincorporated Areas
                                                                                          of Black Hawk County.
                                      Approximately 2.1 miles         +868         +869
                                       upstream of Center
                                       Street.
Cedar River Diversion Channel.......  Approximately 440 feet          +859         +860  City of Cedar Falls.
                                       downstream of State
                                       Highway 57.
                                      Approximately 1.3 miles         +864         +865
                                       upstream of Illinois
                                       Central Railroad.
City View Branch....................  Approximately 0.3 mile          +853         +847  City of Waterloo.
                                       downstream of
                                       Independence Avenue.
                                      Just downstream of              +857         +859
                                       Chicago and North
                                       Western Railroad.
Crane Creek.........................  Approximately 117 feet          None         +936  Unincorporated Areas of
                                       downstream of Wheeler                              Black Hawk County,
                                       Road.                                              City of Dunkerton.
                                      Just downstream of East         None         +967
                                       Cedar-Wapsi Road.

[[Page 57981]]

 
Crossroads Creek....................  Approximately 91 feet           None         +845  City of Waterloo.
                                       downstream of Hess
                                       Road.
                                      Approximately 514 feet          None         +871
                                       upstream of Alexander
                                       Drive.
Crossroads Creek Diversion..........  Approximately 91 feet           +846         +849  City of Waterloo.
                                       downstream of Hess
                                       Road.
                                      Approximately 0.3 mile          +866         +867
                                       upstream of Sarah
                                       Drive.
Dry Run Creek Diversion.............  Approximately 25 feet           +867         +864  City of Cedar Falls.
                                       upstream of 20th
                                       Street.
                                      Approximately 225 feet          +868         +866
                                       downstream of Seerley
                                       Boulevard.
Dry Run Creek at Cedar Falls........  Approximately 293 feet          +860         +852  City of Cedar Falls.
                                       downstream of Illinois
                                       Central Gulf Railroad.
                                      Approximately 540 feet          +927         +928
                                       downstream of U.S.
                                       Route 20.
Dry Run Creek at Waterloo...........  Approximately 664 feet    1   2  City of Waterloo.
                                       downstream of
                                       Commercial Street.
                                      Approximately 106 feet          +868         +861
                                       upstream of Byron
                                       Avenue.
                                      Approximately 0.5 mile          None         +942
                                       upstream of Kimball
                                       Avenue.
Maywood Branch......................  Approximately 0.4 mile          +856         +855  City of Waterloo.
                                       downstream of Bishop
                                       Avenue.
                                      Just upstream of Bishop         +858         +857
                                       Avenue.
Myers Lake..........................  West end of lake.......         +826         +838  City of Evansdale.
                                      East end of lake.......         +826         +838
Ponded Area No. 2, from Elk Run       North end of ponding            +833         +836  City of Evansdale.
 Creek, landside of levee.             area, approximately
                                       0.3 mile downstream of
                                       Lafayette Road.
                                      South end of ponding            +833         +836
                                       area, approximately
                                       0.4 mile upstream of
                                       Gilbert Road.
Ponded Area No.1 from Elk Run Creek,  North end of ponding            +831         +836  City of Evansdale.
 landside of levee.                    area, approximately
                                       150 feet downstream of
                                       Gilbert Drive.
                                      South end of ponding            +831         +836
                                       area, approximately
                                       350 feet upstream of
                                       State Route 380.
South West Branch of Dry Run Creek..  Approximately 279 feet          +870         +865  City of Cedar Falls.
                                       downstream of Main
                                       Street.
                                      Approximately 1.8 miles         +917         +921
                                       upstream of Future
                                       Greenhill Road.
Stream No. 13.......................  Approximately 1.0 mile          +857         +856  City of Waterloo.
                                       downstream of Wagner
                                       Road.
                                      Approximately 364 feet          +864         +863
                                       upstream of Airline
                                       Highway.
Stream No. 36.......................  Approximately 1.0 mile          +864         +863  City of Waterloo,
                                       downstream of Wagner                               Unincorporated Areas
                                       Road.                                              of Black Hawk County.
                                      Approximately 0.4 mile          None         +870
                                       downstream of
                                       Dunkerton Road.
Sunnyside Creek.....................  Approximately 0.3 mile          None         +855  City of Waterloo.
                                       downstream of Martin
                                       Road.
                                      Approximately 130 feet          None         +878
                                       upstream of 4th Street.
Sunnyside Creek Bypass..............  Approximately 0.6 mile          +858         +861  City of Waterloo.
                                       downstream of Marine
                                       Avenue.
                                      Approximately 450 feet          None         +869
                                       upstream of Marine
                                       Avenue.
Unnamed Tributary to Big Woods Creek  Just downstream of              None         +864  City of Cedar Falls.
                                       Dunkerton Road.
                                      Approximately 408 feet          None         +864
                                       west of Interstate 218.
Unnamed Tributary to Big Woods Creek  Approximately 0.5 mile          None         +871  Unincorporated Areas of
                                       upstream of Mount                                  Black Hawk County.
                                       Vernon Road.
                                      Just upstream of                None         +871
                                       Dunkerton Road.
Unnamed Tributary to Cedar River....  Approximately 182 feet          +863         +864  City of Cedar Falls.
                                       downstream of
                                       Dunkerton Road.
                                      Just upstream of Lone           +863         +864
                                       Tree Road.
Wolf Creek..........................  Approximately 0.6 mile          +814         +815  City of La Porte City.
                                       downstream of Bike
                                       Path.
                                      Approximately 1.3 miles         None         +824
                                       upstream of Main
                                       Street.
Wolf Creek Overflow.................  Approximately 0.4 mile          +814         +815  City of La Porte City,
                                       downstream of 8th                                  Unincorporated Areas
                                       Street.                                            of Black Hawk County.
                                      Approximately 1.3 miles         +822         +823
                                       upstream of Poplar
                                       Street.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret]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.
 

[[Page 57982]]

 
Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
 
                                                    ADDRESSES
City of Cedar Falls
Maps are available for inspection at 220 Clay Street, Cedar Falls, IA 50613.
 
City of Dunkerton
Maps are available for inspection at 200 Tower Street, Dunkerton, IA 50626.
 
City of Evansdale
Maps are available for inspection at 123 North Evans Road, Evansdale, IA 50707.
 
City of Hudson
Maps are available for inspection at 525 Jefferson Street, Hudson, IA 50643.
 
City of La Porte City
Maps are available for inspection at 202 Main Street, La Porte City, IA 50651.
 
City of Waterloo
Maps are available for inspection at 715 Mulberry Street, Waterloo, IA 50703.
Unincorporated Areas of Black Hawk County
Maps are available for inspection at 316 East 5th Street, Suite 203, Waterloo, IA 50703.
----------------------------------------------------------------------------------------------------------------


Deborah S. Ingram,
Acting Deputy Assistant Administrator for Mitigation, Mitigation 
Directorate, Department of Homeland Security, Federal Emergency 
Management Agency.
[FR Doc. E9-27114 Filed 11-9-09; 8:45 am]
BILLING CODE 9110-12-P