2010-12481. Proposed Flood Elevation Determinations

AGENCY:

Federal Emergency Management Agency, DHS.

ACTION:

Proposed rule.

SUMMARY:

Comments are requested on the proposed Base (1% annual-chance) Flood Elevations (BFEs) and proposed BFE modifications for the communities listed in the table below. The purpose of this notice is to seek general information and comment regarding the proposed regulatory flood elevations for the reach described by the downstream and upstream locations in the table below. The BFEs and modified BFEs are a part of the floodplain management measures that the community is required either to adopt or to show evidence of having in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). In addition, these elevations, once finalized, will be used by insurance agents and others to calculate appropriate flood insurance premium rates for new buildings and the contents in those buildings.

DATES:

Comments are to be submitted on or before 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, [phone], or (e-mail) [e-mail].

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, [phone], or (e-mail) [e-mail].

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

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 ⁁ Elevation in meters (MSL)
				Existing	Modified
City of Hampton, Virginia
Virginia	City of Hampton	Newmarket Creek	Approximately 275 feet downstream of Big Bethel Road	+8	+9
			Approximately 20 feet upstream of the confluence with Newmarket Creek Tributary	None	+22
	City of Hampton	Newmarket Creek Tributary	At the confluence with Newmarket Creek.	None	+22
			Approximately 30 feet downstream of I-64	None	+22
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
# Depth in feet above ground.
⁁ Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed.
Send comments to 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.

Flooding source(s)	Location of referenced elevation	* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground ⁁ Elevation in meters (MSL)		Communities affected
		Effective	Modified
Rio Grande County, Colorado, and Incorporated Areas
Willow Creek	At the confluence with the Rio Grande, approximately 400 feet north of U.S. Route 160	None	+8,154	Unincorporated Areas of Rio Grande County.
	Approximately 1.1 mile south of East Lake Court	None	+8,766
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
# Depth in feet above ground.
⁁ Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed.
Send comments to 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.
Washington County, Florida, and Incorporated Areas
Alligator Creek	At the upstream side of County Road 166	None	+76	Unincorporated Areas of Washington County.
	Approximately 3.2 miles upstream of County Road 166	None	+81
Bear Bay Creek	At the confluence with Pine Log Creek	None	+44	Unincorporated Areas of Washington County.
	Approximately 3.9 miles upstream of the confluence with Pine Log Creek	None	+76
Botheration Creek	At the confluence with Pine Log Creek	None	+32	Unincorporated Areas of Washington County.
	Approximately 200 feet downstream of the county boundary	None	+90
Brock Mill Branch	At the confluence with Jones Rice Mill Branch	None	+54	Unincorporated Areas of Washington County.
	Approximately 100 feet downstream of State Road 77	None	+109
Flat Creek	At the confluence with Hard Labor Creek	None	+50	Unincorporated Areas of Washington County.
	Approximately 9.7 miles upstream of the confluence with Hard Labor Creek	None	+160
Hard Labor Creek	At State Road 277	None	+43	Unincorporated Areas of Washington County.
	Approximately 15.6 miles upstream of the confluence with Holmes Creek	None	+114
Helms Branch	At the confluence with Alligator Creek	None	+78	City of Chipley, Unincorporated Areas of Washington County.
	Approximately 3.2 miles upstream of the confluence with Alligator Creek	None	+89
Johnson Branch	At Roche Avenue	None	+37	City of Vernon, Unincorporated Areas of Washington County.
	Approximately 3.8 miles upstream of the confluence with Holmes Creek	None	+101
Jones Rice Mill Branch	At the upstream side of State Road 277	None	+54	Unincorporated Areas of Washington County.
	Approximately 5.9 miles upstream of the confluence with Holmes Creek	None	+146
Pine Log Creek	Approximately 1.9 mile upstream of the confluence with the East River	None	+21	Town of Ebro, Unincorporated Areas of Washington County.
	At the confluence with Bear Bay Creek	None	+44
Piney Branch	At State Road 77	None	+40	Unincorporated Areas of Washington County.
	Approximately 6.6 miles upstream of the confluence with Holmes Creek	None	+193
Pippen Mill Creek	At Roche Avenue	None	+37	City of Vernon, Unincorporated Areas of Washington County.
	Approximately 5.4 miles upstream of the confluence with Holmes Creek	None	+95
Reedy Creek	At the confluence with Hard Labor Creek	None	+59	Town of Wausau, Unincorporated Areas of Washington County.
	Approximately 3.8 miles upstream of the confluence with Hard Labor Creek	None	+105
Unnamed Tributary 1 to Alligator Creek	Approximately 765 feet upstream of State Road 277	None	+68	Unincorporated Areas of Washington County.
	Approximately 1.4 mile upstream of State Road 277	None	+121
Unnamed Tributary 2 to Alligator Creek	Approximately 0.4 mile upstream of the confluence with Alligator Creek	None	+72	City of Chipley, Unincorporated Areas of Washington County.
	Approximately 2.2 miles upstream of the confluence with Alligator Creek	None	+111
Unnamed Tributary 3 to Alligator Creek	At the confluence with Alligator Creek	None	+76	City of Chipley, Unincorporated Areas of Washington County.
	Approximately 2 miles upstream of the confluence with Alligator Creek	None	+102
Unnamed Tributary to Helms Branch	Approximately 300 feet downstream of Brickyard Road	None	+117	City of Chipley, Unincorporated Areas of Washington County.
	Approximately 0.6 mile upstream of Brickyard Road	None	+131
Unnamed Tributary to Holmes Creek	Approximately 0.4 mile upstream of the confluence with Holmes Creek	None	+36	City of Vernon, Unincorporated Areas of Washington County.
	Approximately 2.2 miles upstream of the confluence with Holmes Creek	None	+52
Unnamed Tributary to Holmes Creek East Branch	At the confluence with Unnamed Tributary to Holmes Creek	None	+42	City of Vernon, Unincorporated Areas of Washington County.
	Approximately 1.3 mile upstream of the confluence with Unnamed Tributary to Holmes Creek	None	+55
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
# Depth in feet above ground.
⁁ Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed.
Send comments to 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.
Butler County, Iowa, and Incorporated Areas
Beaver Creek	Approximately 1,800 feet downstream of Utica Avenue	None	+896	Unincorporated Areas of Butler County.
	Approximately 1.2 mile upstream of Utica Avenue	None	+901
Shell Rock River	Approximately 1.1 mile downstream of Cherry Street	None	+899	Unincorporated Areas of Butler County.
	Approximately 0.9 mile upstream of the dam	None	+909
Shell Rock River	On the downstream side of Iowa Northern Railway	None	+923	Unincorporated Areas of Butler County.
	Approximately 1,000 feet upstream of Chicago and North Western Railroad	None	+931
Shell Rock River	Approximately 0.7 mile downstream of Traer Street	None	+955	Unincorporated Areas of Butler County.
	Approximately 700 feet upstream of State Highway 14	None	+960
Shell Rock River Overflow Channel 2	Approximately 900 feet downstream of Main Street	None	+955	Unincorporated Areas of Butler County.
	Approximately 400 feet upstream of Main Street	None	+958
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
# Depth in feet above ground.
⁁ Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed.
Send comments to 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 Butler County
Maps are available for inspection at the Butler County Courthouse, 428 6th Street, Allison, IA 50602.
Chesterfield County, Virginia, and Incorporated Areas
Appomattox River	Approximately 0.9 mile upstream of the confluence with Swift Creek	None	*9	Unincorporated Areas of Chesterfield County.
	At the Chesterfield County/City of Colonial Heights/City of Petersburg boundary	None	*20
Blackman Creek	At the confluence with Deep Creek and Horsepen Creek	None	*197	Unincorporated Areas of Chesterfield County.
	Approximately 3.7 miles upstream of Otterdale Road (SR-667)	None	*287
Crooked Branch	On the upstream side of State Highway 288	*127	*131	Unincorporated Areas of Chesterfield County.
	At the upstream side of Centralia Road (SR-145)	*147	*148
Deep Creek	At the confluence with the Swift Creek Reservoir	None	*182	Unincorporated Areas of Chesterfield County.
	At the confluence with Blackman Creek and Horsepen Creek	None	*197
Fuqua Branch	At the confluence with Dry Creek	None	*185	Unincorporated Areas of Chesterfield County.
	Approximately 2.2 miles upstream of the Ashbrook Lake Dam	None	*261
Great Branch	Approximately 500 feet upstream of Hamlin Creek Parkway	*102	*103	Unincorporated Areas of Chesterfield County.
	Approximately 250 feet downstream of Chalkley Road	*139	*141
Great Branch Tributary	At the confluence with Great Branch	*126	*129	Unincorporated Areas of Chesterfield County.
	Approximately 1,000 feet downstream of Ecoff Avenue	*127	*129
Horsepen Creek	At the confluence with Blackman Creek and Deep Creek	None	*197	Unincorporated Areas of Chesterfield County.
	Approximately 3.0 miles upstream of the confluence with Blackman Creek and Deep Creek	None	*257
Johnsons Creek	Approximately 800 feet downstream of Spruce Avenue	*18	*19	Unincorporated Areas of Chesterfield County.
	Approximately 0.8 mile upstream of Old Bermuda Hundred Road	None	*128
Johnsons Creek Tributary	Approximately 320 feet upstream of East Hundred Road (SR-10)	None	*57	Unincorporated Areas of Chesterfield County.
	Approximately 100 feet upstream of Bermuda Hundred Road	None	*63
Lake Chesdin	Entire shoreline in Chesterfield County	None	*163	Unincorporated Areas of Chesterfield County.
Little Tomahawk Creek	At the confluence with the Swift Creek Reservoir	*183	*184	Unincorporated Areas of Chesterfield County.
	Approximately 1,800 feet upstream of the confluence with the Swift Creek Reservoir	*183	*184
Proctors Creek	On the upstream side of the railroad	*25	*27	Unincorporated Areas of Chesterfield County.
	Approximately 850 feet upstream of the confluence with Tributary 2 to Proctors Creek	*136	*137
Swift Creek	At Woolridge Road (SR-668)	None	*182	Unincorporated Areas of Chesterfield County.
	At the Powhatan County boundary	None	*227
Swift Creek Reservoir	Between Swift Creek Reservoir Dam and Woolridge Road (SR-668)	None	*182	Unincorporated Areas of Chesterfield County.
	Between Genito Road and the confluence with Little Tomahawk Creek and Tomahawk Creek	None	*184
Tomahawk Creek	At the confluence with the Swift Creek Reservoir	*183	*184	Unincorporated Areas of Chesterfield County.
	Approximately 1,500 feet upstream of the confluence with the Swift Creek Reservoir	*183	*184
Turkey Creek	At the confluence with Swift Creek	None	*194	Unincorporated Areas of Chesterfield County.
	Approximately 1.7 miles upstream of Mount Herman Road (SR-606)	None	*258
Winterpock Creek	At the confluence with Lake Chesdin	None	*163	Unincorporated Areas of Chesterfield County.
	Approximately 450 feet upstream of Beach Road (SR-655)	None	*241
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
# Depth in feet above ground.
⁁ Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed.
Send comments to 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.