[Federal Register: April 3, 2008 (Volume 73, Number 65)] [Proposed Rules] [Page 18246-18252] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr03ap08-28] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket No. FEMA-B-7768] Proposed Flood Elevation Determinations AGENCY: Federal Emergency Management Agency, DHS. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: Comments are requested on the proposed Base (1 percent 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 July 2, 2008. 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-7768, to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-3151, or (e-mail) bill.blanton@dhs.gov. 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, (202) 646-3151 or (e-mail) bill.blanton@dhs.gov. 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 [[Page 18247]] 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. Administrative Procedure Act Statement. This matter is not a rulemaking governed by the Administrative Procedure Act (APA), 5 U.S.C. 553. FEMA publishes flood elevation determinations for notice and comment; however, they are governed by the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq., and do not fall under the APA. 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. Sec. 67.4 [Amended] 2. The tables published under the authority of Sec. 67.4 are proposed to be amended as follows: ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ * Elevation in feet (NGVD) + Elevation in feet (NAVD)State City/town/county Source of flooding Location ** Depth in feet above ground ------------------------- Existing Modified ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ City of Richmond, Virginia ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Virginia............................. City of Richmond........ Bacons Quarter Branch.................... Approximately at the confluence with Shockoe Creek........ None +67 Approximately 1400 feet upstream of Hermitage Road........ None +184 Virginia............................. City of Richmond........ Battery Park Ponding Area................ Approximately 2250 feet south of Overbrook Road........... None +136 Approximately 850 feet north of Overbrook Road............ None +139 Virginia............................. City of Richmond........ Cannons Creek Branch..................... Approximately at the confluence with Bacons Quarter Branch None +74 Approximately 200 feet downstream of Vale Street.......... None +96 Virginia............................. City of Richmond........ Jordans Branch........................... Approximately 35 feet north of Route 64 near the Henrico None +164 County line. Approximately 120 feet north of Route 64 near the Henrico None +164 County line. Virginia............................. City of Richmond........ Pocoshock Creek.......................... Approximately at the Chesterfield County line............. None +133 Approximately at the confluence with Pocosham Creek....... None +133 Virginia............................. City of Richmond........ Shockoe Creek............................ Approximately at East Franklin Street..................... +21 +23 Approximately 2700 feet upstream of Magnolia Street....... None +129 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ * National Geodetic Vertical Datum. + North American Vertical Datum. Depth in feet above ground. ** 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 Richmond Maps are available for inspection at City Hall, 900 East Broad Street, Room 600, Richmond, VA 23219. ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ [[Page 18248]] ---------------------------------------------------------------------------------------------------------------- * Elevation in feet (NGVD) + Elevation in feet (NAVD) Flooding source(s) Location of referenced Depth in feet above Communities affected elevation ** ground -------------------------- Effective Modified ---------------------------------------------------------------------------------------------------------------- Washington County, Minnesota, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- 10th Street Basin................... Entire shoreline....... None +885 City of Afton. 10th Street and Neal Avenue Basin... Entire shoreline....... None +867 City of Afton. 8th Street Basin.................... Entire shoreline....... None +880 City of Afton. Barker Lake......................... Entire shoreline....... None +891 City of Hugo, Unincorporated Areas of Washington County. Bay Lake............................ Entire shoreline....... None +891 Unincorporated Areas of Washington County. Cloverdale Lake..................... Entire shoreline....... None +907 Unincorporated Areas of Washington County. East Boot Lake...................... Entire shoreline....... None +920 Unincorporated Areas of Washington County. Fish Lake........................... Entire shoreline....... None +954 City of Scandia. Forest Lake......................... Entire shoreline....... None +903 City of Forest Lake. Freidrich Pond...................... Entire shoreline....... None +913 City of Lake Elmo. German Lake......................... Entire shoreline....... None +959 City of Scandia. Klawitter Pond...................... Entire shoreline....... None +963 City of Lake Elmo. Kramer Pond......................... Entire shoreline....... None +914 City of Lake Elmo. Legion Pond......................... Entire shoreline....... None +889 City of Lake Elmo. Maple Marsh......................... Entire shoreline....... None +975 Unincorporated Areas of Washington County. McDonald Lake....................... Entire shoreline....... None +892 Unincorporated Areas of Washington County. Mississippi River................... Approximately 1,850 +692 +691 City of Cottage Grove, feet upstream of City of Hastings, City southern County of Newport, City of Boundary. St. Paul Park, Unincorporated Areas of Washington County. Approximately 1,200 +705 +704 feet downsteam of southern County Boundary. Mooers Lake Channel................. At the convergence with +698 +697 City of Cottage Grove, the Mississippi River. Unincorporated Areas of Washington County. Just downstream of Grey +698 +697 Cloud Island Drive South. Raleigh Creek....................... Approximately 180 feet +889 +899 City of Lake Elmo, City upstream of the of Oakdale. confluence with Lake Elmo. Approximately 845 feet None +975 upstream of 31st Street North. Silver Lake......................... Entire shoreline....... None +991 City of Oakdale. South Branch Clearwater Creek....... At the confluence with +912 +910 City of Hugo. Clearwater Creek. Approximately 950 feet +912 +911 upstream of the confluence with Clearwater Creek. St. Croix River..................... Approximately 16,265 +691 +692 Unincorporated Areas of feet downstream of Washington County, confluence with City of Afton, City of Interstate Highway 94. Bayport, City of Lake St. Croix Beach, City of Lakeland, City of Lakeland Shores, City of Marine-On-St. Croix, City of Oak Park Heights, City of St. Mary's Point, City of Stillwater. Approximately 23,050 None +698 feet downstream of SOO Line Railroad. Staples Lake........................ Entire shoreline....... None +950 Unincorporated Areas of Washington County. Sunfish Lake........................ Entire shoreline....... +894 +899 City of Lake Elmo. Tingley Springs..................... Entire shoreline....... None +931 City of Hugo. Unnamed Wetland DNR ID No. 82015600. Entire shoreline....... None +962 City of Hugo, City of Forest Lake. Unnamed Wetland DNR ID No. 82016500. Entire shoreline....... None +964 City of Forest Lake. Unnamed Wetland DNR ID No. 82021200. Entire shoreline....... None +965 City of Forest Lake, City of Scandia. [[Page 18249]] Unnamed Wetland DNR ID No. 82021300. Entire shoreline....... None +966 City of Scandia. Unnamed Wetland DNR ID No. 82021600. Entire shoreline....... None +936 City of Forest Lake, City of Hugo. Unnamed Wetland DNR ID No. 82022000. Entire shoreline....... None +958 City of Forest Lake, City of Hugo. Unnamed Wetland DNR ID No. 82022100. Entire shoreline....... None +940 City of Hugo. Unnamed Wetland DNR ID No. 82022200. Entire shoreline....... None +948 City of Hugo. Unnamed Wetland DNR ID No. 82022300. Entire shoreline....... None +983 City of Hugo, Unincorporated Areas of Washington County. Unnamed Wetland DNR ID No. 82022400. Entire shoreline....... None +957 City of Hugo. Unnamed Wetland DNR ID No. 82022500. Entire shoreline....... None +974 City of Hugo. Unnamed Wetland DNR ID No. 82022700. Entire shoreline....... None +945 City of Hugo. Unnamed Wetland DNR ID No. 82022900. Entire shoreline....... None +952 City of Hugo. Unnamed Wetland DNR ID No. 82031200. Entire shoreline....... None +910 Unincorporated Areas of Washington County. Unnamed Wetland DNR ID No. 82035000. Entire shoreline....... None +1005 City of Grant. Unnamed Wetland North DNR ID No. Entire shoreline....... None +916 Unincorporated Areas of 82031100. Washington County. Unnamed Wetland South DNR ID No. Entire shoreline....... None +918 Unincorporated Areas of 82031100. Washington County. Valley Branch....................... Approximately 345 feet +692 +693 City of Afton. downstream of Putman Boulevard South. At West Metcalf Marsh None +813 Outfall. Valley Creek........................ At the confluence with +717 +714 City of Afton. Valley Branch. Approximately 2,080 None +907 feet upstream of 22nd Street South (most upstream crossing). Valley Creek Tributary.............. At the confluence with None +792 City of Afton. Valley Creek. Approximately 3,265 None +812 feet upstream of the confluence with Valley Creek. West Boot Lake...................... Entire shoreline....... None +920 Unincorporated Areas of Washington County. West Metcalf Marsh.................. Entire shoreline....... None +813 City of Afton. White Rock Lake..................... Entire shoreline....... None +966 City of Scandia. ---------------------------------------------------------------------------------------------------------------- * National Geodetic Vertical Datum. + North American Vertical Datum. Depth in feet above ground. ** 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 Afton Maps are available for inspection at 3033 St. Croix Trail South, Afton, MN 55001. City of Bayport Maps are available for inspection at 294 North Third Street, Bayport, MN 55003. City of Cottage Grove Maps are available for inspection at 7516 80th Street South, Cottage Grove, MN 55016. City of Forest Lake Maps are available for inspection at 220 North Lake Street, Forest Lake, MN 55025. City of Grant Maps are available for inspection at 111 Wildwood Road, Willernie, MN 55090. City of Hastings Maps are available for inspection at 101 Fourth Street East, Hastings, MN 55033. City of Hugo Maps are available for inspection at 14669 Fitzgerald Avenue North, Hugo, MN 55038. City of Lake Elmo Maps are available for inspection at 3800 Laverne Avenue, Lake Elmo, MN 55042. [[Page 18250]] City of Lake St. Croix Beach Maps are available for inspection at 1919 Quebec Avenue South, Lake St. Croix Beach, MN 55043. City of Lakeland Maps are available for inspection at 690 Quinnell Avenue North, Lakeland, MN 55043. City of Lakeland Shores Maps are available for inspection at 1858 Ramada Avenue South, Lakeland Shores, MN 55043. City of Marine-On-St. Croix Maps are available for inspection at 121 Judd Street, Marine on St. Croix, MN 55047. City of Newport Maps are available for inspection at 596 7th Avenue, Newport, MN 55055. City of Oak Park Heights Maps are available for inspection at 14168 Oak Park Blvd. North, Oak Park Heights, MN 55082. City of Oakdale Maps are available for inspection at 1584 Hadley Ave. North, Oakdale, MN 55128. City of Scandia Maps are available for inspection at 13809 Scandia Trail, Scandia, MN 55073. City of St. Mary's Point Maps are available for inspection at 16491 St. Mary's Drive South, St. Mary's Point, MN 55043. City of St. Paul Park Maps are available for inspection at 600 Portland Avenue, St. Paul Park, MN 55071. City of Stillwater Maps are available for inspection at 106 South Main Street, Stillwater, MN 55082. Unincorporated Areas of Washington County Maps are available for inspection at 14949 62nd Street North, Stillwater, MN 55082-0006. ---------------------------------------------------------------------------------------------------------------- Portage County, Ohio, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Breakneck Creek..................... Approximately 260 feet None +1040 Unincorporated Areas of upstream of Brady Lake Portage County. Road. At confluence of None +1069 Breakneck Creek and Hudson Ditch. Breakneck Creek Overflow............ Approximately 5,300 None +1048 City of Kent. feet upstream of Main Street. Approximately 1,400 None +1048 feet downstream of Powder Mill Road. Breakneck Creek Overflow............ Approximately 3,500 None +1047 Unincorporated Areas of feet upstream of Main Portage County. Street. Approximately 600 feet None +1048 downstream of Powder Mill Road. Cuyahoga River...................... Approximately 80 feet +1085 +1084 Village of Mantua. upstream of Main Street. Approximately 3,300 +1088 +1087 feet upstream of High Street. Cuyahoga River...................... Approximately 1,500 None +1040 Unincorporated Areas of feet upstream of River Portage County. Bend Boulevard. Approximately 2,900 None +1040 feet upstream of River Bend Boulevard. Approximately 1,600 None +1082 feet downstream of Infirmary Road. Approximately 3,300 None +1087 feet upstream of High Street. Cuyahoga River Overflow............. Approximately 1,100 None +1083 Village of Mantua. feet upstream of confluence with Cuyahoga River. Approximately 2,600 None +1083 feet upstream of confluence with Cuyahoga River. Cuyahoga River Overflow............. Approximately 700 feet None +1083 Unincorporated Areas of upstream of confluence Portage County. with Cuyahoga River. Approximately 1,700 None +1083 feet upstream of confluence with Cuyahoga River. Hudson Ditch........................ At confluence of None +1069 Unincorporated Areas of Breakneck Creek and Portage County. Hudson Ditch. Approximately 2,300 None +1084 feet upstream of Bower Road. Plum Creek.......................... Approximately 30 feet +1016 +1017 City of Kent. upstream of Railroad. Approximately 200 feet None +1040 downstream of Howe Road. Plum Creek.......................... Approximately 330 feet None +1039 Unincorporated Areas of downstream of Howe Portage County. Road. Approximately 4,000 None +1078 feet upstream of Tallmadge Road. ---------------------------------------------------------------------------------------------------------------- * National Geodetic Vertical Datum. Depth in feet above ground. + North American Vertical Datum. [[Page 18251]] ** 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 Kent Maps are available for inspection at 930 Overholt Road, Kent, OH 44240. Unincorporated Areas of Portage County Maps are available for inspection at 449 South Meridian Street, Ravenna, OH 44266. Village of Mantua Maps are available for inspection at 4736 East High Street, Mantua, OH 44255. ---------------------------------------------------------------------------------------------------------------- Centre County, Pennsylvania, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Cherry Run.......................... Approximately at the None +1396 Township of Snow Shoe. confluence with North Fork Beech Creek. Approximately at None +1396 Clarence Road. ---------------------------------------------------------------------------------------------------------------- * National Geodetic Vertical Datum. + North American Vertical Datum. Depth in feet above ground. ** 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 Township of Snow Shoe Maps are available for inspection at Town Hall, 268 Oldside Road, Clarence, PA 16829. ---------------------------------------------------------------------------------------------------------------- Bedford County, Virginia, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Ivy Creek........................... Approximately 1,430 ft +678 +679 Unincorporated Areas of downstream of Hawkins Bedford County. Mill Road. Approximately 2,200 ft +823 +829 downstream of Tabernacle Lane. Johns Creek......................... Approximately at None +732 Unincorporated Areas of confluence with Little Bedford County, City Otter River. of Bedford. Approximately 1,800 ft None +818 downstream of Independence Boulevard. Johns Creek......................... Approximately 445 ft +827 +828 City of Bedford, downstream of Unincorporated Areas Independence Boulevard. of Bedford County. Approximately 740 ft +841 +842 upstream of Independence Boulevard. Approximately 3,400 ft None +861 upstream of Independence Boulevard. Approximately at East None +939 Main Street. Little Otter River.................. Approximately at Big +790 +792 Unincorporated Areas of Island Highway. Bedford County. Approximately at Route +837 +839 43. Tributary No. 10 To Ivy Creek....... Approximately at None +700 Unincorporated Areas of confluence with Ivy Bedford County. Creek. Approximately 500 ft None +838 downstream of Forest Road. Tributary No. 10 To Little Otter Approximately at None +839 City of Bedford, River. confluence with Little Unincorporated Areas Otter River. of Bedford County. Approximately at Lake None +867 Drive. Tributary No. 11 To Ivy Creek....... Approximately at None +696 Unincorporated Areas of confluence with Ivy Bedford County. Creek. Approximately 250 ft None +802 downstream of Forest Road. Tributary No. 14 To Ivy Creek....... Approximately at None +683 Unincorporated Areas of confluence with Ivy Bedford County. Creek. Approximately 1,500 ft None +812 upstream of McIntosh Drive. Tributary No. 15 To Ivy Creek....... Approximately at county None +671 Unincorporated Areas of boundary with the City Bedford County. of Lynchburg. Approximately 1 mi None +800 upstream of Hawkins Mill Road. [[Page 18252]] Tributary No. 8 To Little Otter Approximately at None +797 Unincorporated Areas of River. confluence with Little Bedford County, City Otter River. of Bedford. Approximately at None +824 Bedford City corporate limits. Tributary No. 8 To Little Otter Approximately at None +824 City of Bedford, River. Bedford City corporate Unincorporated Areas limits. of Bedford County. Approximately 500 ft None +932 downstream of Longwood Avenue. Tributary No. 8A To Little Otter Approximately at None +824 City of Bedford, River. confluence with Unincorporated Areas Tributary No. 8 To of Bedford County. Little Otter River. Approximately 0.5 mi None +914 upstream of confluence with Tributary No. 8 To little Otter River. Tributary No. 9 To Little Otter Approximately at None +826 Unincorporated Areas of River. confluence with Little Bedford County, City Otter River. of Bedford. Approximately 1,700 ft None +851 downstream of Whitfield Drive. Tributary No. 9 To Little Otter Approximately 1,700 ft None +851 City of Bedford, River. downstream of Unincorporated Areas Whitfield Drive. of Bedford County. Approximately 2,400 ft None +940 upstream of Whitfield Drive. ---------------------------------------------------------------------------------------------------------------- * National Geodetic Vertical Datum. + North American Vertical Datum. Depth in feet above ground. ** 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 Bedford Maps are available for inspection at City Municipal Building, 215 E. Main Street, Bedford, VA 24523. Unincorporated Areas of Bedford County Maps are available for inspection at Office of the County Administrator, 122 E. Main Street, Suite 2002, Bedford, VA 24523. ---------------------------------------------------------------------------------------------------------------- (Catalog of Federal Domestic Assistance No. 97.022, ``Flood Insurance.'') Dated: March 17, 2008. David I. Maurstad, Federal Insurance Administrator of the National Flood Insurance Program, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E8-6912 Filed 4-2-08; 8:45 am] BILLING CODE 9110-12-P