2011-14021. 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 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 September 6, 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-1194, to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, [phone], or (e-mail) [e-mail].

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, [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:

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
Fremont County, Colorado, and Incorporated Areas
Abbey Drainageway	Approximately 0.48 mile upstream of the Arkansas River confluence	None	+5,274	City of Canon City, Unincorporated Areas of Fremont County.
	Approximately 1,400 feet upstream of Central Avenue	None	+5,396
Fourmile Creek	Approximately 1,280 feet upstream of the Arkansas River confluence	None	+5,257	City of Canon City, Unincorporated Areas of Fremont County.
	Approximately 1.39 miles upstream of U.S. Route 50	None	+5,361
Mudd Gulch	Approximately 1,200 feet upstream of the Arkansas River confluence	None	+5,239	City of Canon City, Unincorporated Areas of Fremont County.
	Approximately 0.64 mile upstream of Fourmile Parkway	None	+5,514
Mudd Gulch Split Flow	At the upstream side of the railroad	None	+5,235	Unincorpor- ated Areas of Fremont County.
	Approximately 0.67 mile upstream of the Arkansas River confluence	None	+5,250
* 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 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 Canon City
Maps are available for inspection at City Hall, 128 Main Street, Canon City, CO 81212.
Unincorporated Areas of Fremont County
Maps are available for inspection at the Fremont County Courthouse, 615 Macon Avenue, Canon City, CO 81212.
Dallas County, Texas, and Incorporated Areas
Bachman Branch	Approximately 0.31 mile upstream of the Browning Branch confluence	+505	+501	City of Dallas.
	At the upstream side of Willow Lane	+590	+593
Bear Creek	At the upstream side of Belt Line Road	+447	+446	City of Grand Prairie, City of Irving.
	Approximately 0.25 mile upstream of County Line Road	+481	+479
Beckley Club Branch	Approximately 700 feet upstream of Elmore Avenue	+472	+469	City of Dallas.
	Approximately 275 feet downstream of Appian Way	+554	+557
Bennett Branch	Approximately 650 feet downstream of Beltline Road	+434	+433	City of Mesquite.
	Approximately 0.28 mile upstream of Plaza Drive	+472	+470
Bentle Branch Creek	Approximately 500 feet upstream of the Tenmile Creek confluence	+632	+631	City of Cedar Hill.
	Approximately 190 feet upstream of County Highway 1382	+752	+754
Browning Branch	Approximately 750 feet downstream of Lake Hill Drive	+512	+508	City of Dallas.
	Approximately 150 feet upstream of Hollow Way Road	+548	+547
Cedar Creek	At the upstream side of Ewing Avenue	+446	+447	City of Dallas.
	At the upstream side of Montclair Avenue	+542	+540
Chalk Hill Branch	At the upstream side of Davis Street	+517	+518	City of Cockrell Hill, City of Dallas.
	At the upstream side of Clarendon Drive	None	+615
Coombs Creek	At the upstream side of Davis Road	+520	+527	City of Dallas.
	Approximately 650 feet upstream of Clarendon Drive	+597	+601
Cottonwood Creek (of Lake Ray Hubbard)	Approximately 0.32 mile downstream of Stonewall Road	+445	+447	City of Dallas, City of Garland, City of Rowlett, Unincorporated Areas of Dallas County.
	Approximately 400 feet upstream of Highridge Drive	+485	+486
Cottonwood Creek (of White Rock Creek)	Approximately 1,200 feet upstream of the White Rock Creek confluence	+503	+505	City of Dallas, City of Richardson.
	Approximately 0.40 mile upstream of Campbell Road	+667	+666
Elmwood Branch	Approximately 800 feet upstream of Clarendon Drive	+500	+501	City of Dallas.
	At the upstream side of Wright Street	+595	+593
Estes Branch	Approximately 350 feet downstream of Saint Augustine Drive	+475	+476	City of Dallas.
	At the downstream side of Saint Augustine Drive	+475	+478
Floyd Branch (of White Rock Creek)	Approximately 1,300 feet upstream of the Cottonwood Creek confluence	+511	+510	City of Dallas, City of Richardson.
	At the downstream side of Polk Street	+622	+620
Furneaux Creek	At the upstream side of President George Bush Turnpike	+453	+450	City of Carrollton.
	Approximately 0.41 mile upstream of Dickerson Parkway	+459	+460
Hatfield Branch	At the upstream side of Prairie Creek Road	+404	+402	City of Dallas.
	Approximately 0.7 mile upstream of North Masters Drive	+477	+478
Hickory Creek	At the downstream side of Kelberg Road	+404	+401	City of Dallas.
	Approximately 700 feet upstream of C.F. Hawn Freeway	+429	+430
Hollings Branch	Approximately 0.50 mile upstream of the North Hollings Branch confluence	None	+538	City of Cedar Hill, City of Grand Prairie.
	Approximately 0.3 mile upstream of Ellis Road	None	+638
Hunt Branch	Approximately 900 feet upstream of the Cottonwood Creek (of White Rock Creek) confluence	+557	+559	City of Dallas, City of Richardson.
	At the downstream side of Belt Line Road	+616	+613
Hutton Branch	At the upstream side of Belt Line Road	+442	+443	City of Carrollton.
	Approximately 135 feet upstream of Midway Road	None	+605
Lake June Branch	Approximately 650 feet upstream of the Prairie Creek confluence	+461	+463	City of Dallas.
	At the downstream side of Oak Gate Lane	+489	+491
Long Branch (of Duck Creek) Bypass	At the upstream side of the Long Branch (of Duck Creek) confluence	+498	+490	City of Mesquite.
	Approximately 460 feet upstream of the Long Branch (of Duck Creek) confluence	+500	+493
Long Branch (of Duck Creek)	Approximately 0.38 mile downstream of Northwest Drive	+466	+468	City of Dallas, City of Mesquite.
	Approximately 200 feet downstream of I-635	+555	+553
Meadowdale Branch	Approximately 950 feet downstream of Rowlett Road	None	+468	City of Garland.
	Approximately 150 feet downstream of Rowlett Road	None	+468
North Mesquite Creek	Approximately 0.61 mile downstream of Lawson Road	+381	+379	City of Mesquite, Town of Sunnyvale, Unincorporated Areas of Dallas County.
	Approximately 205 feet downstream of Via Del Norte Road	+507	+505
North Mesquite Creek Spill	At the upstream side of the North Mesquite Creek confluence	None	+481	City of Mesquite.
	At the downstream side of Tripp Road	None	+488
Pleasant Branch	Approximately 1,000 feet upstream of the Prairie Creek confluence	+467	+466	City of Dallas.
	At the downstream side of Bruton Road	+497	+498
Prairie Creek	At the downstream side of I-20	+398	+397	City of Dallas.
	At the downstream side of Union Pacific Railroad	+523	+524
Pruitt Branch	Approximately 1,450 feet upstream of the Prairie Creek confluence	+412	+414	City of Dallas.
	At the downstream side of C.F. Hawn Freeway	+434	+435
Richardson Branch	Approximately 0.3 mile downstream of Green Oaks Circle	+506	+507	City of Dallas.
	At the downstream side of Forest Lane	+586	+588
Rugged Branch	At the downstream side of Elmwood Boulevard	+550	+549	City of Dallas.
	Approximately 60 feet upstream of Berkley Avenue	+564	+565
Rylie Branch	Approximately 0.38 mile upstream of the Hatfield Branch confluence	+407	+409	City of Dallas.
	Approximately 550 feet downstream of Grady Lane	None	+456
South Branch of Cedar Creek	Approximately 100 feet downstream of I-35 East	+477	+474	City of Dallas.
	At the upstream side of Ohio Avenue	+525	+528
South Branch of Cedar Creek Tributary 1	At the upstream side of the South Branch of Cedar Creek confluence	+500	+496	City of Dallas.
	At the downstream side of Louisiana Avenue	+507	+506
South Mesquite Creek	Approximately 0.61 mile downstream of Lawson Road	+385	+383	City of Balch Springs, City of Mesquite.
	Approximately 420 feet upstream of Tam O'Shanter Drive	+548	+545
Stream 2A4	Approximately 850 feet upstream of Dalrock Road	+454	+453	City of Dallas, City of Rowlett.
	Approximately 660 feet upstream of Oak Hollow Drive	+480	+477
Stream 2A5	Approximately 100 feet downstream of Spinnaker Cove	+459	+461	City of Dallas, City of Rowlett.
	At the upstream side of Dalrock Road	+468	+467
Stream 2B1	At the downstream side of Belt Line Road	+428	+429	City of Balch Springs, City of Mesquite.
	Approximately 500 feet downstream of Eastgate Drive	+458	+460
Stream 2B2	At the upstream side of the Stream 2B3 confluence	+448	+443	City of Balch Springs, City of Mesquite.
	Approximately 0.25 mile upstream of I-635	+452	+453
Stream 2B3	Approximately 425 feet upstream of the Stream 2B2 confluence	+448	+446	City of Mesquite.
	Approximately 500 feet upstream of the Stream 2B2 confluence	+450	+449
Stream 2B4	Approximately 0.26 mile downstream of State Highway 352	+445	+449	City of Mesquite.
	Approximately 100 feet upstream of Kearney Street	+475	+476
Stream 2B5	Approximately 500 feet upstream of I-635	+451	+452	City of Mesquite.
	Approximately 0.22 mile downstream of Town East Boulevard	+485	+482
Stream 2B6	Approximately 400 feet upstream of the South Mesquite Creek confluence	+472	+473	City of Mesquite.
	At the downstream side of Baker Drive	+501	+502
Stream 2B7	Approximately 1,000 feet downstream of Tedlow Trail	+494	+491	City of Mesquite.
	Approximately 900 feet upstream of I-30	+523	+521
Stream 2B8	Approximately 700 feet upstream of the South Mesquite Creek confluence	+465	+464	City of Mesquite.
	Approximately 200 feet downstream of U.S. Route 80	+495	+493
Stream 2E1	At the upstream side of Kyle Road	+475	+477	City of Rowlett.
	Approximately 0.39 mile upstream of the Long Branch (of Lake Ray Hubbard) confluence	None	+486
Stream 2E10	At the upstream side of Chiesa Road	+444	+449	City of Rowlett.
	Approximately 0.68 mile upstream of Chiesa Road	None	+470
Stream 2E2	Approximately 0.49 mile downstream of Liberty Grove Road	+438	+439	City of Rowlett.
	Approximately 1.09 miles upstream of Liberty Grove Road	+488	+491
Stream 2E2 Tributary 1	At the upstream side of the Stream 2E2 confluence	None	+466	City of Rowlett.
	At the downstream side of Big Cemetery Road	None	+475
Stream 2E8	Approximately 0.32 mile upstream of the Muddy Creek confluence	+473	+471	City of Garland, City of Rowlett, City of Sachse.
	Approximately 200 feet upstream of Merritt Road	+498	+499
Stream 2J2	At the upstream side of Brookhaven Drive	+493	+494	City of Mesquite.
	Approximately 600 feet downstream of American Lane	+506	+503
Stream 4C3	Approximately 600 feet downstream of Kleberg Road	+402	+400	City of Dallas, City of Seagoville, Unincorporated Areas of Dallas County.
	At the upstream side of Belt Line Road	None	+455
Stream 5B11	Approximately 400 feet upstream of the Floyd Branch confluence	+593	+596	City of Richardson.
	Approximately 350 feet downstream of Polk Street	+634	+632
Stream 5B12	Approximately 800 feet upstream of the Cottonwood Creek confluence	+584	+585	City of Dallas, City of Richardson.
	At the downstream side of Cullum Street	+662	+660
Stream 6A1	At the upstream side of Turtle Creek Boulevard	+484	+474	Town of Highland Park.
	Approximately 525 feet upstream of Beverly Drive	+527	+526
Stream 6D1	At the upstream side of East Jackson Road	+498	+497	City of Carrollton.
	Approximately 800 feet upstream of East Jackson Road	None	+502
Stream 6D3	Approximately 900 feet upstream of the Hutton Branch confluence	+479	+478	City of Carrollton.
	Approximately 450 feet upstream of Old Trinity Mills Road	+556	+554
Stream 6D4	At the upstream side of East Jackson Road	+500	+502	City of Carrollton.
	At the upstream side of Scott Mill Road	+516	+521
Stream 6D5	Approximately 100 feet upstream of the Hutton Branch confluence	+494	+493	City of Carrollton.
	Approximately 500 feet upstream of Waterford Way	+530	+523
Stream 6D7	Approximately 300 feet upstream of Carmel Drive	None	+510	City of Carrollton.
	Approximately 250 feet upstream of Briardale Drive	None	+525
Stream 6D8	Approximately 370 feet upstream of the Hutton Branch confluence	+562	+564	City of Carrollton.
	At the upstream side of Tarpley Road	None	+613
Stream JC-1	Approximately 0.22 mile upstream of the Johnson Creek confluence	+450	+449	City of Grand Prairie.
	At the upstream side of West Tarrant Road	+499	+502
Turtle Creek	At the downstream side of Blackburn Street	+445	+448	City of Dallas, Town of Highland Park.
	At the downstream side of Wycliff Avenue	+474	+473
West Fork of South Mesquite Creek	At the upstream side of Peachtree Road	+460	+461	City of Mesquite.
	Approximately 700 feet downstream of Anthony Drive	+500	+498
White Rock Creek	At the upstream side of the Peaks Branch confluence	+407	+408	City of Dallas, Town of Addison.
	Approximately 0.4 mile upstream of the Hall Branch confluence	+583	+588
* 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 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 Balch Springs
Maps are available for inspection at the Public Works Department, 3117 Hickory Tree Road, Balch Springs, TX 75180.
City of Carrollton
Maps are available for inspection at the Engineering Department, 1945 East Jackson Road, Carrollton, TX 75006.
City of Cedar Hill
Maps are available for inspection at City Hall, 502 Cedar Street, Cedar Hill, TX 75104.
City of Cockrell Hill
Maps are available for inspection at City Hall, Department of Public Works, 4125 West Clarendon Drive, Cockrell Hill, TX 75211.
City of Dallas
Maps are available for inspection at the Department of Public Works, 320 East Jefferson Boulevard, Dallas, TX 75203.
City of Garland
Maps are available for inspection at City Hall, 800 Main Street, Garland, TX 75040.
City of Grand Prairie
Maps are available for inspection at the City Development Center, 206 West Church Street, Grand Prairie, TX 75051.
City of Irving
Maps are available for inspection at the Public Works Department, 825 West Irving Boulevard, Irving, TX 75015
City of Mesquite
Maps are available for inspection at the Engineering Division, 1515 North Galloway Avenue, Mesquite, TX 75185.
City of Richardson
Maps are available for inspection at the Engineering Office, 411 West Arapaho Road, Room 204, Richardson, TX 75083.
City of Rowlett
Maps are available for inspection at City Hall, 4000 Main Street, Rowlett, TX 75083.
City of Sachse
Maps are available for inspection at the Community Development Department, 5560 State Highway 78, Sachse, TX 75048.
City of Seagoville
Maps are available for inspection at City Hall, 702 North U.S. Route 175, Seagoville, TX 75182.
Town of Addison
Maps are available for inspection at the Public Works Department, 16801 Westgrove Drive, Addison, TX 75001.
Town of Highland Park
Maps are available for inspection at the Public Works Department, 4700 Drexel Drive, Highland Park, TX 75205.
Town of Sunnyvale
Maps are available for inspection at the Town Hall, 537 Long Creek Road, Sunnyvale, TX 75182.
Unincorporated Areas of Dallas County
Maps are available for inspection at the Dallas County Records Building, 509 Main Street, Dallas, TX 75202.

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

Dated: May 11, 2011.

Sandra K. Knight,

Deputy Federal Insurance and Mitigation Administrator, Mitigation, Department of Homeland Security, Federal Emergency Management Agency.