E9-12847. 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 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 September 1, 2009.

ADDRESSES:

The corresponding preliminary Flood Insurance Rate Map (FIRM) for the proposed BFEs for each community are 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-1050, to William R. Blanton, Jr., 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:

William R. Blanton, Jr., 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 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.

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 Greenwood, Wisconsin
Wisconsin	City of Greenwood	Black River	Approximately 4,460 feet downstream of County Highway G	None	+ 1113
			Approximately 4,960 feet upstream of County Highway G	None	+ 1126
* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ⁁ Mean Sea Level, rounded to the nearest 0.1 meter.

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
Arapahoe County, Colorado, and Incorporated Areas
Bear Gulch	Approximately 1 mile upstream of East 72nd Avenue	None	+  5355	Unincorporated Areas of Arapahoe County.
	Approximately 2.1 miles upstream 56th Avenue alignment	None	+  5482
Bear Gulch Tributary	At the confluence with Bear Gulch	None	+ 5402	Unincorporated Areas of Arapahoe County.
	Approximately 900 feet upstream of the confluence with Bear Gulch	None	+ 5408
Blackmer Gulch	Approximately 200 feet upstream of South Monroe Lane	+ 5417	+ 5418	City of Cherry Hills Village.
	Just upstream of the High Line Canal	+ 5492	+ 5491
Box Elder Creek	Approximately 1,400 feet upstream of 72nd Avenue	None	+ 5367	City of Aurora, Unincorporated Areas of Arapahoe County.
	Approximately 0.5 miles downstream of Yale Avenue	None	+ 5691
Cherry Creek	Approximately 0.92 miles downstream of Arapahoe Road	+ 5623	+ 5624	City of Aurora, City of Centennial, Unincorporated Areas of Arapahoe County.
	Approximately 1.70 miles upstream of East Broncos Parkway	+ 5713	+ 5713
Coyote Run	At the confluence with Box Elder Creek	None	+ 5393	City of Aurora, Unincorporated Areas of Arapahoe County.
	Approximately 3.80 miles upstream of East Alameda Avenue	None	+ 5814
Goldsmith Gulch	Just upstream of East Belleview Avenue	+ 5591	+ 5590	Unincorporated Areas of Arapahoe County, City of Centennial, City of Greenwood Village.
	Approximately 100 feet downstream of East Arapahoe Road	None	+ 5773
Goldsmith Gulch West Tributary	Approximately 400 feet upstream of the confluence with Goldsmith Gulch	+ 5640	+ 5641	Unincorporated Areas of Arapahoe County, City of Greenwood Village.
	Approximately 100 feet downstream of East Peakview Avenue	+ 5735	+ 5738
Greenwood Gulch	Just upstream of Clarkson Street	+ 5344	+ 5344	City of Centennial, City of Cherry Hills Village, City of Greenwood Village.
	Just upstream of Holly Street	+ 5525	+ 5525
Little Dry Creek	Just upstream of Clarkson Street	+ 5344	+ 5339	Unincorporated Areas of Arapahoe County, City of Centennial, City of Cherry Hills Village, City of Greenwood Village.
	Just downstream of South Quebec Street	+ 5619	+ 5618
Murphy Creek	Just downstream of East Alameda Avenue	+ 5523	+ 5523	City of Aurora, Unincorporated Areas of Arapahoe County.
	Approximately 1,700 feet downstream of East Wheatlands Parkway	None	+ 6011
Prentice Gulch	At the confluence with Greenwood Gulch	+ 5407	+ 5405	City of Greenwood Village.
	Just upstream of Holly Street	+ 5525	+ 5525
Quincy Gulch	At the confluence with Blackmer Gulch	+ 5414	+ 5414	City of Cherry Hills Village.
	Approximately 300 feet upstream of the High Line Canal	+ 5494	+ 5494
SJCD 6200	At the confluence with South Platte River	None	+ 5360	Unincorporated Areas of Arapahoe County, City of Littleton.
	Approximately 400 feet downstream of South Platte Canyon Road	None	+ 5404
Willow Creek	At the confluence with Little Dry Creek	+ 5537	+ 5536	Unincorporated Areas of Arapahoe County.
	Just downstream of Englewood Dam outlet structure	+ 5558	+ 5559
* 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
City of Aurora
Maps are available for inspection at 15151 East Alameda Parkway, 3rd Floor, Aurora, CO 80012.
City of Centennial
Maps are available for inspection at the Arapahoe County Department of Public Works and Development, 10730 West Briarwood Avenue, Centennial, CO 80112.
City of Cherry Hills Village
Maps are available for inspection at 2450 East Quincy Avenue, Cherry Hills Village, CO 80113.
City of Greenwood Village
Maps are available for inspection at 6060 South Quebec Street, Greenwood Village, CO 80111.
City of Littleton
Maps are available for inspection at 2255 West Berry Avenue, Littleton, CO 80165.
Unincorporated Areas of Arapahoe County
Maps are available for inspection at the Arapahoe County Department of Public Works and Development, 10730 East Briarwood Avenue, Centennial, CO 80112.
Fergus County, Montana, and Incorporated Areas
Flood Channel	Approximately 70 feet upstream of Main Street Bridge	+ 3609	+ 3610	Town of Denton.
	Approximately 50 feet upstream of Railroad Bridge	+ 3610	+ 3614
Shallow Flooding	Intersection of Bain Street and Main Street	None	# 1	Town of Denton.
* National Geodetic Vertical Datum.
** 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
Town of Denton
Maps are available for inspection at 305 West Watson Street, Lewistown, MT 59457.
Tuscarawas County, Ohio, and Incorporated Areas
Beggar Run (Backwater from Tuscarawas River)	At the confluence of Beggar Run with Conotton Creek	None	+ 909	Unincorporated Areas of Tuscarawas County.
	Approximately 0.78 mile upstream of the confluence of Beggar Run with Conotton Creek	None	+ 909
Browns Run (Backwater from Tuscarawas River)	At the confluence of Browns Run with Conotton Creek	None	+ 909	Unincorporated Areas of Tuscarawas County.
	Just downstream of Henderson School Road	None	+ 909
Conotton Creek (Backwater from Tuscarawas River)	At the confluence of Conotton Creek and Tuscarawas River	None	+ 909	Unincorporated Areas of Tuscarawas County.
	Approximately 0.76 mile upstream of Miller Hill Road (Tuscarawas/Carroll County boundary)	None	+ 909
Dog Run (Backwater from Tuscarawas River)	At the confluence of Dog Run and Conotton Creek	None	+ 909	Unincorporated Areas of Tuscarawas County.
	Approximately 0.42 mile upstream of Norfolk and Western Railway	None	+ 909
Huff Run (Backwater from Tuscarawas River)	At the confluence of Huff Run with Conotton Creek	None	+ 909	Unincorporated Areas of Tuscarawas County, Village of Mineral City.
	Approximately 1.38 miles upstream of New Cumberland Road	None	+ 909
Indian Fork (Backwater from Tuscarawas River)	At the confluence of Indian Fork with Conotton Creek	None	+ 909	Unincorporated Areas of Tuscarawas County.
	Just downstream of State Route 212	None	+ 909
Middle Run (Backwater from Tuscarawas River)	At the confluence of Middle Run with Tuscarawas River	None	+ 909	Unincorporated Areas of Tuscarawas County.
	Approximately 0.72 mile upstream of Dover Zoar Road	None	+ 909
Small Middle Run (Backwater from Tuscarawas River)	At the confluence of Small Middle Run with Tuscarawas River	None	+ 909	Unincorporated Areas of Tuscarawas County.
	Approximately 500 feet downstream of Dover Zoar Road	None	+ 909
Stillwater Creek	Just downstream of the Baltimore and Ohio Railroad	None	+ 844	City of Midvale.
	Approximately 0.45 mile upstream of US Route 250	None	+ 845
Tuscarawas River	Just upstream of the Dover Dam	None	+ 909	Village of Bolivar, Unincorporated Areas of Tuscarawas County, Village of Zoar.
	Approximately 2.18 miles upstream of State Route 212 (Tuscarawas/Stark County boundary)	None	+ 909
Tuscarawas River	Approximately 0.66 mile downstream of Tuscarawas Road	None	+ 838	Village of Tuscarawas.
Tuscarawas River	Approximately 1,000 feet upstream of the confluence of Tuscarawas River with Clewell Run	None	+ 831	Village of Gnadenhutten.
Wolf Run (Backwater from Tuscarawas River)	At the confluence of Wolf Run and Tuscarawas River	None	+ 909	Unincorporated Areas of Tuscarawas County.
	Approximately 0.89 mile upstream of Norfolk and Western Railway	None	+ 909
* 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
City of Midvale
Maps are available for inspection at City Hall, 311 Barnhill Road, Midvale, OH 44653.
Unincorporated Areas of Tuscarawas County
Maps are available for inspection at the Tuscarawas County Administrative Offices, 125 East High Avenue, New Philadelphia, OH 44663.
Village of Bolivar
Maps are available for inspection at the Bolivar Village Hall, 109 Canal Street Northwest, Bolivar, OH 44612.
Village of Gnadenhutten
Maps are available for inspection at the Gnadenhutten Village Hall, 131 South Walnut Street, Gnadenhutten, OH 44629.
Village of Mineral City
Maps are available for inspection at the Mineral City Village Hall, 8728 North High Street, Mineral City, OH 44656.
Village of Tuscarawas
Maps are available for inspection at the Tuscarawas Village Hall, 522 East Cherry Street, Tuscarawas, OH 44682.
Village of Zoar
Maps are available for inspection at the County Administrative Offices, 125 East High Avenue, New Philadelphia, OH 44663.
Yankton County, South Dakota, and Incorporated Areas
James River	Just upstream of the confluence with the Missouri River	None	+ 1167	Unincorporated Areas of Yankton County.
	Approximately 600 feet upstream of County Highway 213 (431st Avenue)	None	+ 1188
* 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
Unincorporated Areas of Yankton County
Maps are available for inspection at 321 West 3rd Street, Yankton, SD 57078.
Angelina County, Texas, and Incorporated Areas
Biloxi Creek North Tributary	Approximately 0.6 miles downstream of Loop 287	None	+ 306	City of Lufkin.
	Just upstream of Loop 287	None	+ 329
Cedar Creek	Just downstream of Lotus Lane	None	+ 278	City of Lufkin.
	Just upstream of State Loop 339	None	+ 299
Cedar Creek North Tributary	Just upstream of Lotus Lane	None	+ 280	City of Lufkin.
	Approximately 1,070 feet upstream of Texas Southeastern Rail Road	None	+ 286
Cedar Creek South Tributary	Confluence of Cedar Creek and Cedar Creek South Tributary	+ 254	+ 253	City of Lufkin.
	Approximately 1,300 feet upstream of Berry Road	None	+ 287
Cedar Creek Tributary 3	Confluence of Cedar Creek Tributary 3 and Cedar Creek	None	+ 239	City of Lufkin.
	Just upstream of Live Oak Lane	None	+ 266
East Fork of West Branch Mill Creek	Confluence of; East Fork of West Branch Mill Creek and Tributary to Mill Creek Tributary	+ 283	+ 279	City of Lufkin.
	Just downstream of US Highway 69	None	+ 300
Hurricane Creek	Approximately 0.7 miles downstream of College Drive	None	+ 232	City of Lufkin.
	Just downstream of the intersection of Conn Avenue and Chestnut Street	+ 279	+ 280
Hurricane Creek East Tributary (E)	Approximately 0.6 miles upstream of Brentwood Drive	None	+ 269	City of Lufkin.
	Confluence of Hurricane Creek and Hurricane Creek East Tributary (E)	None	+ 273
Hurricane Creek East Tributary (E) Tributary	Confluence of Hurricane Creek East Tributary (E) Tributary and Hurricane Creek East Tributary (E)	+ 246	+ 250	City of Lufkin.
	Approximately 0.5 miles upstream of Brentwood Drive	None	+ 267
Hurricane Creek East Tributary (North)	Just downstream of Jones Street	None	+ 289	City of Lufkin.
	Just upstream of Whipporwill Street	None	+ 305
Hurricane Creek East Tributary (South)	Confluence of Hurricane Creek East Tributary (South) and Unnamed Tributary 4 to Hurricane Creek	None	+ 237	City of Lufkin.
	Just upstream of Pine Valley Drive	None	+ 265
Hurricane Creek West Branch	Confluence of Hurricane Creek and Hurricane Creek West Branch	+ 251	+ 250	City of Lufkin.
	Just upstream of Park Lane	None	+ 276
Mill Creek Tributary	Approximately 1,486 feet downstream of Bonita Street	None	+ 290	City of Lufkin.
	Approximately 230 feet upstream of Martin Luther King Drive	None	+ 304
One Eyed Creek	Just downstream of Westwood Place	None	+ 289	City of Lufkin.
	Just downstream of Fuller Springs Drive	None	+ 309
Shirley Creek	Just upstream of Loop 287	+ 259	+ 262	City of Lufkin.
	Just upstream of Trenton Road	None	+ 297
Shirley Creek Tributary 2	Just downstream of Loop 287	None	+ 294	City of Lufkin.
	Just downstream of Shady Pine Road	None	+ 310
Shirley Creek Tributary 2 East Branch	Confluence of Shirley Creek Tributary 2 and Shirley Creek Tributary 2 East Branch	None	+ 277	City of Lufkin.
	Approximately 600 feet upstream of Freeman Street	None	+ 296
Tributary to Mill Creek Tributary	Just downstream of the City Lake Dam	+ 271	+ 272	City of Lufkin.
	Just downstream of US Highway 69	None	+ 305
Tributary to Paper Mill Creek Tributary	Just downstream of State Highway 103	None	+ 272	City of Lufkin.
	Approximately 675 feet upstream of Freeman Street	None	+ 290
Unnamed Tributary 1 to Hurricane Creek	Confluence of Hurricane Creek and Unnamed Tributary 1 to Hurricane Creek	+ 255	+ 259	City of Lufkin.
	Just upstream of Farm-to-Market Road 58	None	+ 293
Unnamed Tributary 2 to Hurricane Creek	Confluence of Hurricane Creek and Unnamed Tributary 2 to Hurricane Creek	None	+ 247	City of Lufkin.
	Approximately .4 miles upstream from Tulane Road	None	+ 273
Unnamed Tributary 3 to Hurricane Creek	Confluence of Hurricane Creek and Unnamed Tributary 3 to Hurricane Creek	None	+ 236	City of Lufkin.
	Just upstream of Loop 287	None	+ 264
Unnamed Tributary 4 to Hurricane Creek	Confluence of Unnamed Tributary 4 to Hurricane Creek and Hurricane Creek East Tributary (South)	None	+ 237	City of Lufkin.
	Approximately 773 feet upstream of Crown Colony Drive	None	+ 272
Unnamed Tributary to Papermill Creek	Limit of detailed study nearest to Kit McConnico Park	None	+ 244	City of Lufkin.
	Lower limit of detailed study (no physical reference available)	None	+ 252
	Approximately 0.6 miles downstream of Moffett Road	None	+ 252
	Approximately 0.5 miles downstream of Moffett Road	None	+ 252
	Approximately 1,800 feet downstream of Old Moffett Road	None	+ 254
	Just upstream of State Loop 287	+ 259	+ 261
* 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
City of Lufkin
Maps are available for inspection at 300 East Shepard Avenue, Lufkin, TX 75901.

(Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”)

Dated: May 21, 2009.

Deborah S. Ingram,

Acting Deputy Assistant Administrator for Mitigation, Mitigation Directorate, Department of Homeland Security, Federal Emergency Management Agency.