[Federal Register Volume 75, Number 100 (Tuesday, May 25, 2010)]
[Proposed Rules]
[Pages 29253-29258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12481]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-B-1097]


Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Proposed rule.

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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 August 23, 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-1097, to 
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].

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 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.

List of Subjects in 44 CFR Part 67

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


[[Page 29254]]


    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.


Sec.  67.4  [Amended]

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

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                                                                                                                                                                           * Elevation in feet
                                                                                                                                                                          (NGVD) + Elevation in
                                                                                                                                                                          feet (NAVD) 
                                                                                                                                                                           Depth in feet above
                State                      City/town/county                  Source of flooding                                     Location**                          ground [caret] Elevation
                                                                                                                                                                             in meters (MSL)
                                                                                                                                                                       -------------------------
                                                                                                                                                                          Existing     Modified
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                                                                                    City of Hampton, Virginia
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Virginia.............................  City of Hampton.........  Newmarket Creek..........................  Approximately 275 feet downstream of Big Bethel Road......           +8           +9
                                                                                                            Approximately 20 feet upstream of the confluence with              None          +22
                                                                                                             Newmarket Creek Tributary.
                                       City of Hampton.........  Newmarket Creek Tributary................  At the confluence with Newmarket Creek....................         None          +22
                                                                                                            Approximately 30 feet downstream of I-64..................         None          +22
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* 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.
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 Hampton
Maps are available for inspection at the Central Permits Office, 22 Lincoln Avenue, Hampton, VA 23669.
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                                                                  * Elevation in feet
                                                                (NGVD)  + Elevation in
                                                                feet (NAVD)  
                                                                  Depth in feet above
         Flooding source(s)            Location of referenced       ground  [caret]        Communities affected
                                             elevation            Elevation in meters
                                                                         (MSL)
                                                              --------------------------
                                                                Effective     Modified
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                               Rio Grande County, Colorado, and Incorporated Areas
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Willow Creek........................  At the confluence with          None       +8,154  Unincorporated Areas of
                                       the Rio Grande,                                    Rio Grande County.
                                       approximately 400 feet
                                       north of U.S. Route
                                       160.
                                      Approximately 1.1 mile          None       +8,766
                                       south of East Lake
                                       Court.
----------------------------------------------------------------------------------------------------------------
* 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.
 
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
 
                                    Unincorporated Areas of Rio Grande County
Maps are available for inspection at 925 6th Street, Del Norte, CO 81132.
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                               Washington County, Florida, and Incorporated Areas
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Alligator Creek.....................  At the upstream side of         None          +76  Unincorporated Areas of
                                       County Road 166.                                   Washington County.

[[Page 29255]]

 
                                      Approximately 3.2 miles         None          +81
                                       upstream of County
                                       Road 166.
Bear Bay Creek......................  At the confluence with          None          +44  Unincorporated Areas of
                                       Pine Log Creek.                                    Washington County.
                                      Approximately 3.9 miles         None          +76
                                       upstream of the
                                       confluence with Pine
                                       Log Creek.
Botheration Creek...................  At the confluence with          None          +32  Unincorporated Areas of
                                       Pine Log Creek.                                    Washington County.
                                      Approximately 200 feet          None          +90
                                       downstream of the
                                       county boundary.
Brock Mill Branch...................  At the confluence with          None          +54  Unincorporated Areas of
                                       Jones Rice Mill Branch.                            Washington County.
                                      Approximately 100 feet          None         +109
                                       downstream of State
                                       Road 77.
Flat Creek..........................  At the confluence with          None          +50  Unincorporated Areas of
                                       Hard Labor Creek.                                  Washington County.
                                      Approximately 9.7 miles         None         +160
                                       upstream of the
                                       confluence with Hard
                                       Labor Creek.
Hard Labor Creek....................  At State Road 277......         None          +43  Unincorporated Areas of
                                                                                          Washington County.
                                      Approximately 15.6              None         +114
                                       miles upstream of the
                                       confluence with Holmes
                                       Creek.
Helms Branch........................  At the confluence with          None          +78  City of Chipley,
                                       Alligator Creek.                                   Unincorporated Areas
                                                                                          of Washington County.
                                      Approximately 3.2 miles         None          +89
                                       upstream of the
                                       confluence with
                                       Alligator Creek.
Johnson Branch......................  At Roche Avenue........         None          +37  City of Vernon,
                                                                                          Unincorporated Areas
                                                                                          of Washington County.
                                      Approximately 3.8 miles         None         +101
                                       upstream of the
                                       confluence with Holmes
                                       Creek.
Jones Rice Mill Branch..............  At the upstream side of         None          +54  Unincorporated Areas of
                                       State Road 277.                                    Washington County.
                                      Approximately 5.9 miles         None         +146
                                       upstream of the
                                       confluence with Holmes
                                       Creek.
Pine Log Creek......................  Approximately 1.9 mile          None          +21  Town of Ebro,
                                       upstream of the                                    Unincorporated Areas
                                       confluence with the                                of Washington County.
                                       East River.
                                      At the confluence with          None          +44
                                       Bear Bay Creek.
Piney Branch........................  At State Road 77.......         None          +40  Unincorporated Areas of
                                                                                          Washington County.
                                      Approximately 6.6 miles         None         +193
                                       upstream of the
                                       confluence with Holmes
                                       Creek.
Pippen Mill Creek...................  At Roche Avenue........         None          +37  City of Vernon,
                                                                                          Unincorporated Areas
                                                                                          of Washington County.
                                      Approximately 5.4 miles         None          +95
                                       upstream of the
                                       confluence with Holmes
                                       Creek.
Reedy Creek.........................  At the confluence with          None          +59  Town of Wausau,
                                       Hard Labor Creek.                                  Unincorporated Areas
                                                                                          of Washington County.
                                      Approximately 3.8 miles         None         +105
                                       upstream of the
                                       confluence with Hard
                                       Labor Creek.
Unnamed Tributary 1 to Alligator      Approximately 765 feet          None          +68  Unincorporated Areas of
 Creek.                                upstream of State Road                             Washington County.
                                       277.
                                      Approximately 1.4 mile          None         +121
                                       upstream of State Road
                                       277.
Unnamed Tributary 2 to Alligator      Approximately 0.4 mile          None          +72  City of Chipley,
 Creek.                                upstream of the                                    Unincorporated Areas
                                       confluence with                                    of Washington County.
                                       Alligator Creek.
                                      Approximately 2.2 miles         None         +111
                                       upstream of the
                                       confluence with
                                       Alligator Creek.
Unnamed Tributary 3 to Alligator      At the confluence with          None          +76  City of Chipley,
 Creek.                                Alligator Creek.                                   Unincorporated Areas
                                                                                          of Washington County.
                                      Approximately 2 miles           None         +102
                                       upstream of the
                                       confluence with
                                       Alligator Creek.

[[Page 29256]]

 
Unnamed Tributary to Helms Branch...  Approximately 300 feet          None         +117  City of Chipley,
                                       downstream of                                      Unincorporated Areas
                                       Brickyard Road.                                    of Washington County.
                                      Approximately 0.6 mile          None         +131
                                       upstream of Brickyard
                                       Road.
Unnamed Tributary to Holmes Creek...  Approximately 0.4 mile          None          +36  City of Vernon,
                                       upstream of the                                    Unincorporated Areas
                                       confluence with Holmes                             of Washington County.
                                       Creek.
                                      Approximately 2.2 miles         None          +52
                                       upstream of the
                                       confluence with Holmes
                                       Creek.
Unnamed Tributary to Holmes Creek     At the confluence with          None          +42  City of Vernon,
 East Branch.                          Unnamed Tributary to                               Unincorporated Areas
                                       Holmes Creek.                                      of Washington County.
                                      Approximately 1.3 mile          None          +55
                                       upstream of the
                                       confluence with
                                       Unnamed Tributary to
                                       Holmes Creek.
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* 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.
 
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 Chipley
Maps are available for inspection at City Hall, 1442 Jackson Avenue, Chipley, FL 32428.
 
City of Vernon
Maps are available for inspection at 2808 Yellow Jacket Drive, Vernon, FL 32462.
 
Town of Ebro
Maps are available for inspection at the Town Hall, 6629 Dog Track Road, Ebro, FL 32437.
 
Town of Wausau
Maps are available for inspection at the Town Hall, 1607 2nd Avenue, Wausau, FL 32463.
 
                                    Unincorporated Areas of Washington County
Maps are available for inspection at the Washington County Clerk's Office, 1293 Jackson Avenue, Chipley, FL
 32428.
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                                   Butler County, Iowa, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Beaver Creek........................  Approximately 1,800             None         +896  Unincorporated Areas of
                                       feet downstream of                                 Butler County.
                                       Utica Avenue.
                                      Approximately 1.2 mile          None         +901
                                       upstream of Utica
                                       Avenue.
Shell Rock River....................  Approximately 1.1 mile          None         +899  Unincorporated Areas of
                                       downstream of Cherry                               Butler County.
                                       Street.
                                      Approximately 0.9 mile          None         +909
                                       upstream of the dam.
Shell Rock River....................  On the downstream side          None         +923  Unincorporated Areas of
                                       of Iowa Northern                                   Butler County.
                                       Railway.
                                      Approximately 1,000             None         +931
                                       feet upstream of
                                       Chicago and North
                                       Western Railroad.
Shell Rock River....................  Approximately 0.7 mile          None         +955  Unincorporated Areas of
                                       downstream of Traer                                Butler County.
                                       Street.
                                      Approximately 700 feet          None         +960
                                       upstream of State
                                       Highway 14.
Shell Rock River Overflow Channel 2.  Approximately 900 feet          None         +955  Unincorporated Areas of
                                       downstream of Main                                 Butler County.
                                       Street.
                                      Approximately 400 feet          None         +958
                                       upstream of Main
                                       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.
 
Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
 

[[Page 29257]]

 
                                                    ADDRESSES
 
                                      Unincorporated Areas of Butler County
Maps are available for inspection at the Butler County Courthouse, 428 6th Street, Allison, IA 50602.
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                              Chesterfield County, Virginia, and Incorporated Areas
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Appomattox River....................  Approximately 0.9 mile          None           *9  Unincorporated Areas of
                                       upstream of the                                    Chesterfield County.
                                       confluence with Swift
                                       Creek.
                                      At the Chesterfield             None          *20
                                       County/City of
                                       Colonial Heights/City
                                       of Petersburg boundary.
Blackman Creek......................  At the confluence with          None         *197  Unincorporated Areas of
                                       Deep Creek and                                     Chesterfield County.
                                       Horsepen Creek.
                                      Approximately 3.7 miles         None         *287
                                       upstream of Otterdale
                                       Road (SR-667).
Crooked Branch......................  On the upstream side of         *127         *131  Unincorporated Areas of
                                       State Highway 288.                                 Chesterfield County.
                                      At the upstream side of         *147         *148
                                       Centralia Road (SR-
                                       145).
Deep Creek..........................  At the confluence with          None         *182  Unincorporated Areas of
                                       the Swift Creek                                    Chesterfield County.
                                       Reservoir.
                                      At the confluence with          None         *197
                                       Blackman Creek and
                                       Horsepen Creek.
Fuqua Branch........................  At the confluence with          None         *185  Unincorporated Areas of
                                       Dry Creek.                                         Chesterfield County.
                                      Approximately 2.2 miles         None         *261
                                       upstream of the
                                       Ashbrook Lake Dam.
Great Branch........................  Approximately 500 feet          *102         *103  Unincorporated Areas of
                                       upstream of Hamlin                                 Chesterfield County.
                                       Creek Parkway.
                                      Approximately 250 feet          *139         *141
                                       downstream of Chalkley
                                       Road.
Great Branch Tributary..............  At the confluence with          *126         *129  Unincorporated Areas of
                                       Great Branch.                                      Chesterfield County.
                                      Approximately 1,000             *127         *129
                                       feet downstream of
                                       Ecoff Avenue.
Horsepen Creek......................  At the confluence with          None         *197  Unincorporated Areas of
                                       Blackman Creek and                                 Chesterfield County.
                                       Deep Creek.
                                      Approximately 3.0 miles         None         *257
                                       upstream of the
                                       confluence with
                                       Blackman Creek and
                                       Deep Creek.
Johnsons Creek......................  Approximately 800 feet           *18          *19  Unincorporated Areas of
                                       downstream of Spruce                               Chesterfield County.
                                       Avenue.
                                      Approximately 0.8 mile          None         *128
                                       upstream of Old
                                       Bermuda Hundred Road.
Johnsons Creek Tributary............  Approximately 320 feet          None          *57  Unincorporated Areas of
                                       upstream of East                                   Chesterfield County.
                                       Hundred Road (SR-10).
                                      Approximately 100 feet          None          *63
                                       upstream of Bermuda
                                       Hundred Road.
Lake Chesdin........................  Entire shoreline in             None         *163  Unincorporated Areas of
                                       Chesterfield County.                               Chesterfield County.
Little Tomahawk Creek...............  At the confluence with          *183         *184  Unincorporated Areas of
                                       the Swift Creek                                    Chesterfield County.
                                       Reservoir.
                                      Approximately 1,800             *183         *184
                                       feet upstream of the
                                       confluence with the
                                       Swift Creek Reservoir.
Proctors Creek......................  On the upstream side of          *25          *27  Unincorporated Areas of
                                       the railroad.                                      Chesterfield County.
                                      Approximately 850 feet          *136         *137
                                       upstream of the
                                       confluence with
                                       Tributary 2 to
                                       Proctors Creek.
Swift Creek.........................  At Woolridge Road (SR-          None         *182  Unincorporated Areas of
                                       668).                                              Chesterfield County.
                                      At the Powhatan County          None         *227
                                       boundary.
Swift Creek Reservoir...............  Between Swift Creek             None         *182  Unincorporated Areas of
                                       Reservoir Dam and                                  Chesterfield County.
                                       Woolridge Road (SR-
                                       668).
                                      Between Genito Road and         None         *184
                                       the confluence with
                                       Little Tomahawk Creek
                                       and Tomahawk Creek.
Tomahawk Creek......................  At the confluence with          *183         *184  Unincorporated Areas of
                                       the Swift Creek                                    Chesterfield County.
                                       Reservoir.
                                      Approximately 1,500             *183         *184
                                       feet upstream of the
                                       confluence with the
                                       Swift Creek Reservoir.
Turkey Creek........................  At the confluence with          None         *194  Unincorporated Areas of
                                       Swift Creek.                                       Chesterfield County.

[[Page 29258]]

 
                                      Approximately 1.7 miles         None         *258
                                       upstream of Mount
                                       Herman Road (SR-606).
Winterpock Creek....................  At the confluence with          None         *163  Unincorporated Areas of
                                       Lake Chesdin.                                      Chesterfield County.
                                      Approximately 450 feet          None         *241
                                       upstream of Beach Road
                                       (SR-655).
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* 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.
 
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
 
                                   Unincorporated Areas of Chesterfield County
Maps are available for inspection at 9800 Government Center Parkway, Chesterfield, VA 23832.
----------------------------------------------------------------------------------------------------------------

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood 
Insurance.'')

    Dated: May 5, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation, 
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2010-12481 Filed 5-24-10; 8:45 am]
BILLING CODE 9110-12-P