Proposed Flood Elevation Determinations

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-D-7588]

Proposed Flood Elevation Determinations

AGENCY:

Federal Emergency Management Agency (FEMA), 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 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, FEMA, 500 C Street SW., Washington, DC 20472, (202) 646-2903.

SUPPLEMENTARY INFORMATION:

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 base flood 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 proposed rule is exempt from the requirements of the Regulatory Flexibility Act because proposed or modified BFEs are required by the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and are required to establish and maintain community eligibility in the NFIP. As a result, a regulatory flexibility analysis has not 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

Location

#Depth in feet above ground. *Elevation in feet (NGVD) •Elevation in feet (NAVD)

Existing

Modified

Communities affected

VIRGINIA

Albemarle County

Cow Branch

At the confluence with Moores Creek

None

•333

Albemarle County (Unincorporated Areas).

Approximately 285 feet upstream of Mill Creek Drive

None

•439

Flat Branch

At the confluence with North Fork Rivanna River

None

•386

Albemarle County (Unincorporated Areas).

Approximately 4,890 feet upstream of the confluence with Flat Branch Tributary

None

•441

Flat Branch Tributary

At the confluence with Flat Branch

None

•386

Albemarle County (Unincorporated Areas).

Approximately 2,490 feet upstream of Lewis & Clark Drive

None

•442

Herring Branch

At the confluence with North Fork Rivanna River

None

•389

Albemarle County (Unincorporated Areas).

Approximately 2,530 feet upstream of private drive

None

•443

Jacobs Run

At the confluence with North Fork Rivanna River

None

•396

Albemarle County (Unincorporated Areas).

At the Chris Green Lake Dam

None

•396

Lickinghole Creek

Approximately 70 feet downstream of railroad bridge

•500

•501

Albemarle County (Unincorporated Areas).

Approximately 150 feet upstream of Jarmans Gap Road

None

•902

North Fork Rivanna River

At the confluence with Rivanna River

•352

•356

Albemarle County (Unincorporated Areas).

Approximately 1,375 feet upstream of Dickerson Road

None

•398

Powells Creek

At the confluence with Lickinghole Creek

None

•623

Albemarle County (Unincorporated Areas).

Approximately 320 feet upstream of Railroad Avenue

None

•786

Rivanna River

At the County boundary

None

•287

Albemarle County (Unincorporated Areas), Independent City of Charlottesville.

At the confluence with North Fork Rivanna River

•352

•356

Slabtown Branch

At the confluence with Lickinghole Creek

None

•600

Albemarle County (Unincorporated Areas).

Approximately 3,000 feet upstream of State Route 684

None

•766

Moores Creek

At the confluence with Rivanna River

•324

•329

Albemarle County (Unincorporated Areas), Independent City of Charlottesville.

Approximately 1,300 feet downstream of State Route 20

•331

•330

Meadow Creek

At the confluence with Rivanna River

•343

•345

Albemarle County (Unincorporated Areas), Independent City of upstream of Charlottesville.

Approximately 100 feet upstream of Rio Road

None

•358

South Fork Rivanna River

At the confluence with Rivanna River

•351

•356

Albemarle County (Unincorporated Areas).

Approximately 630 feet upstream of the confluence of Powells Creek

•357

•358

Albemarle County (Unincorporated Areas)

Maps available for inspection at the Albemarle County Engineering Office, 401 McIntire Road, Charlottesville, Virginia.

Send comments to Mr. Robert W. Tucker, Jr., Albemarle County Executive, Albemarle County Building, 401 McIntire Road, Charlottesville, Virginia 22902.

Independent City of Charlottesville

Maps available for inspection at the Charlottesville City Hall, Neighborhood Development Services, 4th Street, NW., Charlottesville, Virginia.

Send comments to The Honorable Maurice Cox, Mayor of the Independent City of Charlottesville, P.O. Box 911, Charlottesville, Virginia 22902.

VIRGINIA

Roanoke County (Unincorporated Areas)

Peters Creek Tributary A

At the confluence with Peters Creek

*1,103

*1,106

Roanoke County (Unincorporated Areas).

Approximately 160 feet upstream of Timberview Road

None

*1,120

Peters Creek

Approximately 1,150 feet upstream of the confluence with Roanoke River

*969

*968

City of Roanoke, Roanoke County (Unincorporated Areas)

At the confluence of Peters Creek Tributaries A and B

*1,103

*1,106

Peters Creek Tributary B

At the confluence with Peters Creek

*1,103

*1,106

Roanoke County (Unincorporated Areas)

Approximately 2,000 feet upstream of the confluence with Peters Creek

*1,124

*1,127

Peters Creek Tributary C

Approximately 20 feet upstream of the confluence with Peters Creek

*1,027

*1,028

City of Roanoke, Roanoke County (Unincorporated Areas).

Approximately 1,100 feet upstream of Embassy Drive

None

*1,088

Roanoke County (Unincorporated Areas)

Maps available for inspection at the Roanoke County Engineering Office, 5204 Bernard Drive, SW., Roanoke, Virginia.

Send comments to Mr. Elmer C. Hodge, Roanoke County Administrator, P.O. Box 29800, Roanoke, Virginia 24018.

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

Dated: April 7, 2004.

Anthony S. Lowe,

Mitigation Division Director, Emergency Preparedness and Response Directorate.

[FR Doc. 04-9217 Filed 4-22-04; 8:45 am]

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