05-12171. Proposed Flood Elevation Determinations

AGENCY:

Federal Emergency Management Agency, Emergency Preparedness and Response Directorate, Department of Homeland Security.

ACTION:

Proposed rule.

SUMMARY:

Technical information or comments are requested on the proposed Base (1% annual-chance) Flood Elevations (BFEs) and proposed BFE modifications for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that the community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).

DATES:

The comment period is ninety (90) days following the second publication of this proposed rule in a newspaper of local circulation in each community.

ADDRESSES:

The proposed BFEs for each community are available for inspection at the office of the Chief Executive Officer of each community. The respective addresses are listed in the table below.

FOR FURTHER INFORMATION CONTACT:

Doug Bellomo, P.E., Hazard Identification Section, Emergency Preparedness and Response Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, [phone].

SUPPLEMENTARY INFORMATION:

The Federal Emergency Management Agency makes the final determinations listed below for the modified BFEs for each community listed. These modified elevations have been published in newspapers of local circulation and ninety (90) days have elapsed since that publication. The Mitigation Division Director of the Emergency Preparedness and Response Directorate has resolved any appeals resulting from this notification.

These proposed BFEs and modified BFEs, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own, or pursuant to policies established by other Federal, State, or regional entities. These proposed elevations are used to meet the floodplain management requirements of the NFIP and are also used to calculate the appropriate flood insurance premium rates for new buildings built after these elevations are made final, and for the contents in these buildings.

National Environmental Policy Act. This proposed rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Consideration. No environmental impact assessment has been prepared.

Regulatory Flexibility Act. The Mitigation Division Director of the Emergency Preparedness and Response Directorate certifies that this rule is exempt from the requirements of the Regulatory Flexibility Act because modified base flood elevations are required by the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and are required to maintain community eligibility in the NFIP. No regulatory flexibility analysis has been prepared.

Regulatory Classification. This proposed rule is not a significant regulatory action under the criteria of Section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735.

Executive Order 12612, Federalism. This proposed rule involves no policies that have federalism implications under Executive Order 12612, Federalism, dated October 26, 1987.

Executive Order 12778, Civil Justice Reform. This proposed rule meets the applicable standards of Section 2(b)(2) of Executive Order 12778.

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:

Source of flooding and location of referenced elevation	◆ Elevation in feet (NAVD)		Communities affected
	Existing/	Modified
Carter Branch:
Approximately 120 feet downstream of State Highway 96	945	946	City of Carthage.
Just upstream of East Central Avenue and Burlington Northern & Santa Fe Railway	955	956
Maps are available for inspection at the Engineer's Office, 623 East 7th Street, Carthage, Missouri.
Send comments to The Honorable Kenneth Johnson, Mayor, City of Carthage, 326 Grant Street, Carthage, Missouri 64836.
Alexander Creek:
Approximately 8,025 feet upstream of Ward Road	None	942	Cass County (Unincorporated Areas) City of Raymore.
Approximately 5,600 feet upstream of Prairie Road	None	1,004
East Branch South Grand River:
Approximately 9,900 feet upstream of confluence of Wolf Creek	None	886	Cass County (Unincorporated Areas) City of Peculiar.
Approximately 510 feet upstream of Kendall Road	None	954
East Branch of West Fork East Creek:
At confluence with West Fork East Creek	None	974	Cass County (Unincorporated Areas) City of Belton.
Approximately 3,050 feet upstream of confluence with West Fork East Creek	None	990
East Creek Tributary:
Approximately 990 feet downstream of Pickering Road	None	918	Cass County (Unincorporated Areas) City of Raymore.
Approximately 10,000 feet upstream of confluence of North Fork East Creek Tributary	None	1,000
East Fork of East Tributary of East Branch South Grand River
At confluence with East Tributary of East Branch South Grand River	None	937	Cass County (Unincorporated Areas).
Approximately 3,250 feet upstream of 200th Street	None	1,007
East Tributary of East Branch South Grand River:
At confluence with East Branch South Grand River	None	889	Cass County (Unincorporated Areas)
Approximately 2,920 feet upstream of Prairie Road	None	993
East Tributary of Lumpkins Fork:
Approximately 4,770 feet downstream of North Madison Street	None	954	City of Raymore.
Approximately 40 feet upstream of 155th Street	None	999
East Tributary of Massey Creek:
Approximately 3,225 feet downstream of Missouri Highway D	None	944	Cass County (Unincorporated Areas).
Approximately 85 feet upstream of Cedar Road	None	997
Lower East Fork of East Creek Tributary:
At confluence with East Creek Tributary	None	931	Cass County (Unincorporated Areas) City of Raymore.
Approximately 12,800 feet upstream of U.S. Highway 71	None	987
Lower East Tributary of Mill Creek:
At confluence with Mill Creek	None	885	Cass County (Unincorporated Areas) Village of Loch Lloyd.
Approximately 8,120 feet upstream of confluence with Mill Creek	None	937
Lumpkins Fork:
At 155th Street	None	945	Cass County (Unincorporated Areas).
Approximately 70 feet upstream of North Madison Street	None	979
Massey Creek:
Approximately 5,070 feet downstream of 223rd Street	None	904	Cass County (Unincorporated Areas).
At State Line Road	None	969
Middle East Tributary of Mill Creek:
Approximately 3,950 feet upstream of confluence with Mill Creek	None	912	Cass County (Unincorporated Areas) Village of Loch Lloyd.
Approximately 6,320 feet upstream of confluence with Mill Creek	None	940
Mill Creek:
At County Boundary	None	871	Cass County (Unincorporated Areas) Village of Loch Lloyd
Approximately 95 feet downstream of 187th Street	None	1,045
North Branch of Upper East Fork of East Creek Tributary:
Approximately 1,700 feet downstream of Hubach Hill Road	None	976	Cass County (Unincorporated Areas).
Approximately 25 feet upstream of Hubach Hill Road	None	986
North Fork of East Creek Tributary:
At confluence with East Creek Tributary	None	953	Cass County (Unincorporated Areas).
Approximately 11,000 feet upstream of confluence with East Creek Tributary	None	990
North Tributary of Wolf Creek:
Approximately 410 feet downstream of East 233rd Street	None	927	Cass County (Unincorporated Areas) City of Peculiar.
Approximately 40 feet upstream of East 227th Street	None	954
Poney Creek:
Approximately 4,925 feet downstream of Bennett Road	None	831	Cass County (Unincorporated Areas) City of Freeman.
Approximately 7,550 feet upstream of Poney Creek Road	None	849
Ailver Lake	None	1,029	City of Raymore.
South Grand River:
Approximately 5,160 feet downstream of State Highway 2	None	829	Cass County (Unincorporated Areas).
Approximately 765 feet upstream of Lake Annette Road	None	850
Tributary of Alexander Creek:
Approximately 1,500 feet downstream of State Highway 58	None	988	Cass County (Unincorporated Areas) City of Raymore.
Approximately 85 feet upstream of State Highway 58	None	996
Upper East Fork of East Creek Tributary:
Approximately 2,685 feet downstream of Good Ranch Road	None	947	Cass County (Unincorporated Areas) City of Raymore.
Approximately 50 feet upstream of Hubach Hill Road	None	993
Upper East Tributary of Mill Creek:
At Highland Ridge Drive	None	933	Cass County (Unincorporated Areas) Village of Loch Lloyd.
Approximately 5,800 feet upstream of Highland Ridge Drive	None	988
West Tributary of East Branch South Grand River:
Approximately 2,095 feet downstream of East 223rd Street	None	896	Cass County (Unincorporated Areas).
Approximately 75 feet upstream of East 223rd Street	None	915
West Tributary of Lumpkins Fork:
At 155th Street	None	946	Cass County (Unincorporated Areas).
Approximately 1,065 feet upstream of 155th Street	None	998
Wolf Creek:
Approximately 7,100 feet upstream of confluence with East Branch South Grand River	None	889	Cass County (Unincorporated Areas) City of Peculiar.
Approximately 1,170 feet upstream of 233rd Street	None	946
Unincorporated Areas of Cass County, Missouri
Maps are available for inspection at 223 Main Street, Belton, Missouri.
Send comments to The Honorable Gene Molendorp, Cass County Commissioner, 223 Main Street, Belton, Missouri 64012.
City of Belton, Cass County, Missouri
Maps are available for inspection at City Hall, 506 Main Street, Belton, Missouri.
Send comments to The Honorable Billie Pinkenpank, Mayor, City of Belton, 506 Main Street, Belton, Missouri 64012.
City of Freeman, Cass County, Missouri
Maps are available for inspection at City Hall, 105 East Main Street, Freeman, Missouri.
Send comments to The Honorable Thomas Bray, Mayor, City of Freeman, 105 East Main Street, Freeman, MO 64725.
Village of Loch Lloyd, Cass County, Missouri
Maps are available for inspection at 16750 Country Club Drive, Loch Lloyd, Missouri.
Send comments to Mr. Wayne Little, Trustee, Village of Loch Lloyd, 16750 Country Club Drive, Loch Lloyd, Missouri 64012.
City of Peculiar, Cass County, Missouri
Maps are available for inspection at City Hall, 600 Schug Avenue, Peculiar, Missouri.
Send comments to The Honorable George Lewis, Mayor, City of Peculiar, 812 South Peculiar Drive, Peculiar, Missouri 64078.
City of Raymore, Cass County, Missouri
Maps are available for inspection at City Hall, 100 Municipal Circle, Raymore, Missouri.
Send comments to The Honorable Juan Alonzo, Mayor, City of Raymore, 109 North Darrowby, Raymore, Missouri 64083.
East Branch Knob Creek:
At the confluence with Knob Creek	None	943	City of Pilot Knob Iron County (Unincorporated Areas).
Approximately 4,170 feet upstream of Union Pacific Railroad	None	989
Knob Creek:
At the confluence with Stouts Creek	882	886	City of Ironton City of Pilot Knob Iron County (Unincorporated Areas).
Approximately 2,410 feet upstream of Mulberry Street	None	1,012
Railroad Creek:
At the confluence with Stouts Creek	None	895	City of Arcadia Iron County (Unincorporated Areas).
Approximately 300 feet upstream of State Route 21	None	990
Shepherd Mountain Lake Creek:
At the confluence with Stouts Creek	None	950	Iron County (Unincorporated Areas).
Approximately 3,380 feet upstream of Guhse Lane	None	1,051
Stouts Creek:
Approximately 4,000 feet upstream of State Route 72	None	862	City of Arcadia City of Ironton Iron County (Unincorporated Areas).
Approximately 5,860 feet upstream of the confluence of Shepherd Mountain Lake Creek	None	990
West Branch Knob Creek:
At the confluence with Knob Creek	934	933	Iron County (Unincorporated Areas).
Approximately 2,140 feet upstream of Spitzmiller Drive	None	1,020
City of Arcadia, Iron County, Missouri
Maps are available for inspection at 150 West Orchard, Arcadia, Missouri.
Send comments to The Honorable Roy Carr, Mayor, City of Arcadia, 150 West Orchard, Arcadia, Missouri 63621.
Unincorporated Areas of Iron County, Missouri
Maps are available for inspection at 250 South Main Street, Ironton, Missouri.
Send comments to The Honorable Terry W. Nichols, Presiding Commissioner, Iron County, 250 South Main Street, Ironton, Missouri 63650.
City of Ironton, Iron County, Missouri
Maps are available for inspection at 123 North Main, Ironton, Missouri.
Send comments to The Honorable Tom Hamilton, Mayor, City of Ironton, 123 North Main, Ironton, Missouri 63650.
City of Pilot Knob, Iron County, Missouri
Maps are available for inspection at 112 South McCune Street, Pilot Knob, Missouri.
Send comments to The Honorable Maxine Dettmer, Mayor, City of Pilot Knob, 112 South McCune Street, Pilot Knob, Missouri 63663.
Big Indian Creek:
Approximately 2,800 feet upstream of State Highway 756	505	506	Clermont County (Unincorporated Areas).
Approximately 50 feet upstream of State Highway 743	None	627
O'Bannon Creek:
Approximately 2,300 feet downstream of O'Bannonville Road	603	606	Clermont County (Unincorporated Areas).
Approximately 50 feet upstream of State Highway 132	790	791
Ohio River:
Approximately 0.8 mile downstream of the confluence of Pond Run	503	504	Clermont County (Unincorporated Areas) Village of Chilo, Village of Moscow, Village of Neville, Village of New Richmond.
Approximately 0.2 mile upstream of the confluence of Bullskin Creek	508	509
Village of Chilo, Clermont County, Ohio
Maps are available for inspection at Permit Central, 2275 Bauer Road, Batavia, Ohio.
Send comments to The Honorable Thomas O'Brien, Mayor, Village of Chilo, 308 Washington Street, Chilo, Ohio 45112.
Unincorporated Areas of Clermont County, Ohio
Maps are available for inspection at Permit Central, 2275 Bauer Road, Batavia, Ohio.
Send comments to The Honorable Bob Proud, Clermont County, Board of Commissioners, 101 East Main Street, Batavia, Ohio 45103.
Village of Moscow, Clermont County, Ohio
Maps are available for inspection at Permit Central, 2275 Bauer Road, Batavia, Ohio.
Send comments to The Honorable Timothy D. Suter, Mayor, Village of Moscow, 79 Elizabeth Street, Moscow, Ohio 45153.
Village of Neville, Clermont County, Ohio
Maps are available for inspection at Permit Central, 2275 Bauer Road, Batavia, Ohio.
Send comments to The Honorable Ted Bowling, Mayor, Village of Neville, 608 Main Street, Neville, Ohio 45156.
Village of New Richmond, Clermont County, Ohio
Maps are available for inspection at Permit Central, 2275 Bauer Road, Batavia, Ohio.
Send comments to the Honorable Terry Durette, Mayor, Village of New Richmond, 102 Willow Street, New Richmond, Ohio 45157.
Ohio River:
Approximately 0.9 mile downstream of the confluence of Norman Run	544	543	Village of Athalia, Village of Chesapeake, Village of Coal Grove, Village of Hanging Rock, City of Ironton, Village of Proctorville, Village of South Point, Lawrence County, (Unincorporated Areas).
Approximately 1.0 mile downstream of the confluence of Federal Creek	558	557
Symmes Creek:
At the confluence with the Ohio River	552	553	Village of Chesapeake Lawrence County (Unincorporated Areas).
Approximately 2,400 feet downstream of the confluence of McKinney Creek	552	553
Indian Guyan Creek:
Approximately 0.6 mile upstream of County Route 65	None	565	Lawrence County (Unincorporated Areas).
Approximately 300 feet upstream of Township Road 126	None	576
Village of Athalia, Lawrence County, Ohio
Maps are available for inspection at the Community Map Repository, Village of Athalia, 14346 State Road 7, Proctorville, Ohio.
Send comments to The Honorable Ron McLintock, Mayor, Village of Athalia, 14346 State Road 7, Proctorville, Ohio 45669.
Village of Chesapeake, Lawrence County, Ohio
Maps are available for inspection at the Community Map Repository, Village of Chesapeake, Town Hall, 211 Third Avenue, Chesapeake, Ohio.
Send comments to The Honorable James Justice, Mayor, Village of Chesapeake, Town Hall, 211 3rd Avenue, Chesapeake, Ohio 45619.
Village of Coal Grove, Lawrence County, Ohio
Maps are available for inspection at the Community Map Repository, Village of Coal Grove, 513 Carlton Davidson Lane, Coal Grove, Ohio.
Send comments to Ms. Juanita Markel, Clerk-Treasurer, Village of Coal Grove, 513 Carlton Davidson Lane, Coal Grove, Ohio 45638.
Village of Hanging Rock, Lawrence County, Ohio
Maps are available for inspection at the Community Map Repository, Village of Hanging Rock, 100 Scioto Avenue, Hanging Rock, Ohio.
Send comments to The Honorable Wayne Pennington, Mayor, Village of Hanging Rock,100 Scioto Avenue, Hanging Rock, Ohio 45638.
City of Ironton, Lawrence County, Ohio
Maps are available for inspection at the Community Map Repository, City of Ironton, 301 South 3rd Street, Ironton, Ohio.
Send comments to The Honorable Bob Cleary, Mayor, City of Ironton, 301 South 3rd Street, Ironton, Ohio 45638-0704.
Unincorporated Areas of Lawrence County, Ohio
Maps are available for inspection at the Community Map Repository, Lawrence County Floodplain Management Program, 305 North Fifth Street, Ironton, Ohio.
Send comments to Mr. George Patterson, President, Lawrence County Commissioners, 111 4th Street, Ironton, Ohio 45638.
Village of Proctorville, Lawrence County, Ohio
Maps are available for inspection at the Community Map Repository, Village of Proctorville, Village Hall, 301 State Street, Proctorville, Ohio.
Send comments to The Honorable Jim Buchanan, Mayor, Village of Proctorville, 301 State Street, Proctorville, Ohio 45669.
Village of South Point, Lawrence County, Ohio
Maps are available for inspection at the Community Map Repository, Village of South Point, 408 Second Street West, South Point, Ohio.
Send comments to The Honorable William Gaskin, Mayor, Village of South Point, 408 Second Street West, South Point, Ohio 45680.
Baughman Slough:
Approximately 415 feet upstream of the confluence with Peach Creek	None	91	City of Wharton Wharton County (Unincorporated Areas).
Approximately 70 feet upstream of FM 640	None	113
Caney Creek:
Just upstream of Dam 1	None	101	City of Wharton Wharton County ((Unincorporated Areas).
Approximately 3,630 feet upstream of U.S. Highway 59	109	107
Colorado River:
Approximately 2.21 miles downstream of the confluence of Jones Creek	None	67	City of Wharton Wharton County (Unincorporated Areas).
Approximately 14.20 miles upstream of FM 960	None	138
Peach Creek:
Approximately 1,915 feet downstream of County Road 129 (Montgomery Road)	None	91	Wharton County (Unincorporated Areas).
Approximately 4.32 miles downstream of County Road 247	None	125
City of Wharton, Wharton County, Texas
Maps are available for inspection at City Hall, 120 East Caney, Wharton, Texas.
Send comments to Mr. Andres Garza, Jr., City Manager, City of Wharton, 120 East Caney, Wharton, Texas 77488.
Unincorporated Areas of Wharton County, Texas
Maps are available for inspection at the Frank Shannon Building, 1017 North Alabama Road, Wharton, Texas.
Send comments to The Honorable John Murrile, Wharton County Judge, 309 East Milam, Suite 600, Wharton, Texas 77488.

(Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”)

Dated: June 14, 2005.

David I. Maurstad,

Acting Director, Mitigation Division, Emergency Preparedness and Response Directorate.