[Federal Register Volume 76, Number 132 (Monday, July 11, 2011)]
[Proposed Rules]
[Pages 40670-40674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-17342]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-B-1200]


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 proposed 
rule 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 October 11, 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-1200, 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) 
[email protected].

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) [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.

[[Page 40671]]

    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.


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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                                                                        Unincorporated Areas of Solano County, California
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California...........................  Unincorporated Areas of   Sweany Creek.............................  Approximately 375 feet upstream of the McCune Creek                None          +64
                                        Solano County.                                                       confluence.
                                                                                                            Approximately 930 feet upstream of Timm Road..............         None         +149
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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 Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street SW., Washington, DC
 20472.
 
                                                                                            ADDRESSES
 
                                                                              Unincorporated Areas of Solano County
Maps are available for inspection at the Solano County Public Works Department, 675 Texas Street, Suite 5500, Fairfield, CA 94533...............................................................
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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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                                Sonoma County, California, and Incorporated Areas
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Colgan Creek........................  Approximately 500 feet          None          +80  City of Santa Rosa,
                                       upstream of Llano Road.                            Unincorporated Areas
                                                                                          of Sonoma County.
                                      Approximately 0.98 mile         None         +356
                                       upstream of Meda
                                       Avenue.
Naval Creek.........................  Approximately 960 feet          None          +79  City of Santa Rosa,
                                       upstream of Llano Road.                            Unincorporated Areas
                                                                                          of Sonoma County.
                                      Approximately 0.57 mile         None          +97
                                       upstream of Wright
                                       Road.
Roseland Creek......................  Approximately 0.5 mile          None          +79  City of Santa Rosa,
                                       downstream of Llano                                Unincorporated Areas
                                       Road.                                              of Sonoma County.
                                      Approximately 1,000             None         +142
                                       feet upstream of
                                       Dutton Avenue.
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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.

[[Page 40672]]

 
** 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 Santa Rosa
Maps are available for inspection at 100 Santa Rosa Avenue, Room 3, Santa Rosa, CA 95404.
 
                                      Unincorporated Areas of Sonoma County
 
Maps are available for inspection at 575 Administration Drive, Room 100A, Santa Rosa, CA 95404.
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                              Wilson County, North Carolina, and Incorporated Areas
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Black Creek.........................  At the Contentnea Creek          +69          +66  Town of Black Creek,
                                       confluence.                                        Unincorporated Areas
                                                                                          of Wilson County.
                                      Approximately 50 feet            +92          +91
                                       upstream of U.S. Route
                                       117.
Black Creek Tributary...............  Approximately 1,500              +93          +92  Town of Lucama,
                                       feet upstream of the                               Unincorporated Areas
                                       Black Creek confluence.                            of Wilson County.
                                      Approximately 100 feet          +103         +102
                                       upstream of the
                                       Tributary to Black
                                       Creek Tributary
                                       confluence.
Bloomery Swamp......................  Approximately 500 feet          +103         +102  City of Wilson,
                                       upstream of the                                    Unincorporated Areas
                                       Bloomery Swamp                                     of Wilson County.
                                       Tributary 2 confluence.
                                      At the Millstone Creek          +156         +155
                                       and Juniper Creek
                                       confluence.
Bloomery Swamp Tributary 3..........  Approximately 50 feet           +133         +130  City of Wilson,
                                       upstream of Alternate                              Unincorporated Areas
                                       U.S. Route 264.                                    of Wilson County.
                                      Approximately 1,560             +151         +150
                                       feet upstream of
                                       Packhouse Road (State
                                       Route 1382).
Contentnea Creek....................  Approximately 1,800              +62          +59  Town of Stantonsburg,
                                       feet downstream of                                 Unincorporated Areas
                                       North Carolina Highway                             of Wilson County.
                                       58.
                                      Approximately 0.8 mile          +110         +109
                                       downstream of the
                                       Little Swamp
                                       confluence.
Contentnea Creek Tributary..........  At the Contentnea Creek          +76          +77  Town of Black Creek,
                                       confluence.                                        Unincorporated Areas
                                                                                          of Wilson County.
                                      Approximately 1,920             None         +106
                                       feet upstream of Yank
                                       Road (State Route
                                       1615).
Goss Swamp..........................  At the Toisnot Swamp             +62          +63  Town of Stantonsburg,
                                       confluence.                                        Unincorporated Areas
                                                                                          of Wilson County.
                                      Approximately 0.8 mile           +63          +64
                                       upstream of the
                                       Toisnot Swamp
                                       confluence.
Hog Island Tributary................  At the Toisnot Swamp             +99          +98  City of Wilson,
                                       confluence.                                        Unincorporated Areas
                                                                                          of Wilson County.
                                      Approximately 50 feet           None         +109
                                       downstream of
                                       Firestone Parkway
                                       (State Route 1328).
Hominy Swamp Tributary 1............  Approximately 0.5 mile           +86          +85  City of Wilson,
                                       upstream of the Hominy                             Unincorporated Areas
                                       Swamp confluence.                                  of Wilson County.
                                      Approximately 75 feet           None         +131
                                       upstream of Tuskeegee
                                       Street.
Little Swamp........................  Approximately 1.6 miles         +117         +116  Unincorporated Areas of
                                       upstream of the                                    Wilson County.
                                       Contentnea Creek
                                       confluence.
                                      Approximately 140 feet          None         +163
                                       upstream of Radio
                                       Tower Road (State
                                       Route 1152).
Marsh Swamp.........................  Approximately 0.6 mile          +126         +125  Unincorporated Areas of
                                       upstream of the                                    Wilson County.
                                       Contentnea Creek
                                       confluence.
                                      Approximately 1,600             None         +230
                                       feet upstream of the
                                       dam.
Marsh Swamp Tributary...............  At the Marsh Swamp              +145         +141  Unincorporated Areas of
                                       confluence.                                        Wilson County.

[[Page 40673]]

 
                                      Approximately 1,830             None         +196
                                       feet upstream of High
                                       Road (State Route
                                       1148).
Mill Branch (into Contentnea Creek).  Approximately 1,900             +107         +108  Unincorporated Areas of
                                       feet upstream of the                               Wilson County.
                                       Contentnea Creek
                                       confluence.
                                      Approximately 410 feet          None         +140
                                       upstream of I-95.
Millstone Creek.....................  At the Bloomery Swamp           +156         +155  Unincorporated Areas of
                                       and Juniper Swamp                                  Wilson County.
                                       confluence.
                                      Approximately 530 feet          +159         +160
                                       upstream of
                                       Countryside Road
                                       (State Route 1302).
Shepard Branch......................  Approximately 0.7 mile          +107         +106  City of Wilson,
                                       upstream of the                                    Unincorporated Areas
                                       Contentnea Creek                                   of Wilson County.
                                       confluence.
                                      Approximately 0.8 mile          None         +134
                                       upstream of Old
                                       Raleigh Road (State
                                       Route 1136).
Toisnot Swamp.......................  Approximately 1,400              +62          +59  City of Wilson, Town of
                                       feet upstream of the                               Stantonsburg,
                                       Contentnea Creek                                   Unincorporated Areas
                                       confluence.                                        of Wilson County.
                                      Approximately 0.8 mile          +120         +121
                                       upstream of Lake
                                       Wilson Road.
Toisnot Swamp Tributary.............  At the Toisnot Swamp            +106         +107  City of Wilson,
                                       confluence.                                        Unincorporated Areas
                                                                                          of Wilson County.
                                      Approximately 1.2 miles         +155         +145
                                       upstream of the
                                       Tributary 2 to Toisnot
                                       Swamp Tributary
                                       confluence.
Tributary 1 to Toisnot Swamp          At the Toisnot Swamp            +134         +131  City of Wilson,
 Tributary.                            Tributary confluence.                              Unincorporated Areas
                                                                                          of Wilson County.
                                      Approximately 1,150             None         +152
                                       feet upstream of
                                       Grandy Drive.
Tributary 2 to Toisnot Swamp          At the Toisnot Swamp            +135         +132  City of Wilson,
 Tributary.                            Tributary confluence.                              Unincorporated Areas
                                                                                          of Wilson County.
                                      Approximately 0.6 mile          None         +144
                                       upstream of the
                                       Toisnot Swamp
                                       Tributary confluence.
Tributary to Black Creek Tributary..  At the Black Creek              +103         +102  Town of Lucama,
                                       Tributary confluence.                              Unincorporated Areas
                                                                                          of Wilson County.
                                      Approximately 330 feet          None         +118
                                       upstream of Little
                                       Rock Church Road
                                       (State Route 1649).
Whiteoak Swamp......................  At the Buck Branch               +79          +80  Unincorporated Areas of
                                       confluence.                                        Wilson County.
                                      Approximately 800 feet           +83          +84
                                       upstream of the Mill
                                       Branch (into Whiteoak
                                       Swamp) confluence.
Whiteoak Swamp Tributary............  At the Whiteoak Swamp            +81          +82  Unincorporated Areas of
                                       confluence.                                        Wilson County.
                                      Approximately 160 feet          None          +88
                                       upstream of Etheridge
                                       Road (State Route
                                       1522).
Wiggins Mill Tributary..............  Approximately 0.4 mile          +100          +99  City of Wilson,
                                       upstream of Forest                                 Unincorporated Areas
                                       Hills Road.                                        of Wilson County.
                                      Approximately 1.7 miles         +116         +120
                                       upstream of Forest
                                       Hills Road.
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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 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 Wilson
Maps are available for inspection at City Hall, 112 Goldsboro Street, Wilson, NC 27893.
 

[[Page 40674]]

 
Town of Black Creek
Maps are available for inspection at the Town Hall, 112 West Center Street, Black Creek, NC 27813.
Town of Lucama
Maps are available for inspection at the Town Hall, 111 South Main Street, Lucama, NC 27851.
Town of Stantonsburg
Maps are available for inspection at the Town Hall, 108 East Commercial Avenue, Stantonsburg, NC 27883.
 
                                      Unincorporated Areas of Wilson County
Maps are available for inspection at the Wilson County Manager's Office, 2201 Miller Road South, Wilson, NC
 27893.
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(Catalog of Federal Domestic Assistance No. 97.022, ``Flood 
Insurance.'')

    Dated: June 15, 2011.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation, 
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2011-17342 Filed 7-8-11; 8:45 am]
BILLING CODE 9110-12-P