# Proposed Flood Elevation Determinations > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A2010-12486 ## Record - **Collection:** Federal Register - **Document type:** Proposed Rule - **Published:** May 25, 2010 - **Citation:** 75 FR 29258 ## Text DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-B-1125] 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 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 August 23, 2010. 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-1125, to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-2820, or (e-mail) kevin.long@dhs.gov. FOR FURTHER INFORMATION CONTACT: Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-2820, or (e-mail) kevin.long@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 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) Effective Modified Communities affected Lawrence County, Illinois, and Incorporated Areas Brushy Creek Approximately 100 feet downstream of North 1550th Street (County Route 5 Bridge) None +437 Unincorporated Areas of Lawrence County. Approximately at the downstream side of North 1550th Street (County Route 5 Bridge) None +437 Wabash River Approximately 3.5 miles downstream of the Wabash Cannonball Railroad Bridge None +415 City of St. Francisville. Approximately 0.5 mile downstream of the Wabash Cannonball Railroad Bridge None +417 * 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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of St. Francisville Maps are available for inspection at City Hall, 207 South 6th Street, St. Francisville, IL 62460. Unincorporated Areas of Lawrence County Maps are available for inspection at the Lawrence County Courthouse, 1100 State Street, Lawrenceville, IL 62439. Marshall County, Kentucky, and Incorporated Areas Barrett Branch (Backwater effects from Tennessee River) At the confluence with Little Cypress Creek +342 +341 Unincorporated Areas of Marshall County. Approximately 1,600 feet upstream of the confluence with Howard Branch +342 +341 Bee Creek Approximately 1,250 feet downstream of KY-408 None +390 City of Benton, Unincorporated Areas of Marshall County. Approximately 1,250 feet upstream of KY-408 None +405 Clear Creek (Backwater effects from Kentucky Lake) From the confluence with Kentucky Lake to approximately 0.8 mile upstream of the confluence with Kentucky Lake None +375 Unincorporated Areas of Marshall County. Cypress Creek Approximately 600 feet downstream of I-24 None +347 City of Calvert City. Approximately 900 feet downstream of the confluence with Little John Creek None +348 Cypress Creek (Backwater effects from Tennessee River) At the confluence with the Tennessee River +342 +341 Unincorporated Areas of Marshall County. Approximately 0.7 mile downstream of Industrial Parkway (KY-1523) +342 +341 East Fork Clarks River At the confluence with Strow Branch None +361 City of Benton. Approximately 0.5 mile upstream of U.S. Route 641 (Main Street) None +365 Howard Branch (Backwater effects from Tennessee River) From the confluence with Barrett Branch to approximately 0.6 mile upstream of the confluence with Barrett Branch +342 +341 Unincorporated Areas of Marshall County. Jonathan Creek (Backwater effects from Kentucky Lake) From the confluence with Kentucky Lake to approximately 1.6 mile upstream of the confluence with Kentucky Lake None +375 Unincorporated Areas of Marshall County. Little Cypress Creek (Backwater effects from Tennessee River) At the confluence with Cypress Creek +342 +341 Unincorporated Areas of Marshall County. Approximately 0.4 mile upstream of U.S. Route 62 +342 +341 Little White Oak Creek (Backwater effects from Tennessee River) From the confluence with White Oak Creek to approximately 1 mile upstream of the confluence with White Oak Creek +342 +341 Unincorporated Areas of Marshall County. Olive Branch (Backwater effects from Kentucky Lake) From the confluence with Kentucky Lake to approximately 0.7 mile upstream of the confluence with Kentucky Lake None +375 Unincorporated Areas of Marshall County. Olive Branch Tributary 6 (Backwater effects from Kentucky Lake) From the confluence with Olive Branch to approximately 0.6 mile upstream of the confluence with Olive Branch None +375 Unincorporated Areas of Marshall County. Ruff Creek (Backwater effects from Kentucky Lake) From the confluence with Kentucky Lake to approximately 0.6 mile upstream of the confluence with Kentucky Lake None +375 Unincorporated Areas of Marshall County. Strow Branch Approximately 500 feet downstream of West 1st Street None +362 City of Benton, Unincorporated Areas of Marshall County. Approximately 300 feet downstream of KY-348 None +372 Strow Branch Approximately 1,400 feet downstream of Allen Heights Drive None +407 Unincorporated Areas of Marshall County. Approximately 500 feet upstream of Allen Heights Drive None +433 Strow Branch Tributary H Approximately 1,000 feet downstream of Colonial Drive None +424 Unincorporated Areas of Marshall County. Approximately 100 feet upstream of Colonial Drive None +447 Tennessee River Approximately 0.7 mile downstream of the confluence with White Oak Creek +342 +340 City of Calvert City, Unincorporated Areas of Marshall County. Just downstream of the Kentucky Dam +345 +343 Town Creek Approximately 150 feet downstream of the railroad None +370 City of Benton. Approximately 950 feet upstream of the railroad None +373 Town Creek Approximately 1,300 feet upstream of Main Street None +398 City of Benton. At the confluence with Town Creek Tributary E None +410 Town Creek Tributary C At the confluence with Town Creek None +370 City of Benton, Unincorporated Areas of Marshall County. Just downstream of KY-408 None +378 Town Creek Tributary C Just downstream of KY-1445 None +389 City of Benton, Unincorporated Areas of Marshall County. Approximately 200 feet downstream of Haltom Road None +436 Town Creek Tributary D At the confluence with Town Creek None +398 City of Benton. Approximately 800 feet upstream of Country Club Lane None +423 Town Creek Tributary E Just upstream of Golf Course Road None +416 Unincorporated Areas of Marshall County. Approximately 950 feet downstream of Town Creek Tributary F None +436 Town Creek Tributary F Approximately 450 feet upstream of the confluence with Town Creek Tributary E None +449 Unincorporated Areas of Marshall County. Approximately 1,100 feet upstream of the confluence with Town Creek Tributary E None +462 Tributary A East of Jackson Purchase Parkway Approximately 300 feet downstream of the railroad None +371 City of Benton, Unincorporated Areas of Marshall County. Approximately 450 feet downstream of Old Symsonia Road None +397 Tributary B East of Jackson Purchase Parkway At the confluence with Tributary A East of Jackson Purchase Parkway None +389 Unincorporated Areas of Marshall County. Approximately 350 feet downstream of Old Symsonia Road None +399 Tributary B West of Jackson Purchase Parkway Approximately 350 feet downstream of the railroad None +364 Unincorporated Areas of Marshall County. Just downstream of Symsonia Highway (KY-348) None +377 West Fork Ruff Creek (Backwater effects from Kentucky Lake) From the confluence with Kentucky Lake to approximately 0.6 mile upstream of the confluence with Kentucky Lake None +375 Unincorporated Areas of Marshall County. White Oak Creek (Backwater effects from Tennessee River) From the confluence with the Tennessee River to approximately 1.5 mile upstream of the confluence with the Tennessee River +342 +340 Unincorporated Areas of Marshall County. White Oak Creek Tributary 1 (Backwater effects from Tennessee River) From the confluence with White Oak Creek to approximately 1,500 feet upstream of the confluence with White Oak Creek +342 +340 Unincorporated Areas of Marshall County. * 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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Benton Maps are available for inspection at 1009 Main Street, Benton, KY 42025. City of Calvert City Maps are available for inspection at 861 East 5th Avenue, Calvert City, KY 42029. Unincorporated Areas of Marshall County Maps are available for inspection at 1101 Main Street, Benton, KY 42025. Sherburne County, Minnesota, and Incorporated Areas Big Elk Lake Entire Shoreline +968 +969 Unincorporated Areas of Sherburne County. Briggs Lake Entire Shoreline +968 +969 Unincorporated Areas of Sherburne County. Eagle Lake Entire Shoreline None +928 Unincorporated Areas of Sherburne County. Elk Lake Entire Shoreline None +953 Unincorporated Areas of Sherburne County. Elk River Approximately 50 feet upstream of U.S. Route 10 +878 +877 City of Becker, City of Big Lake, City of Elk River, Unincorporated Areas of Sherburne County. At Big Elk Lake +968 +969 Fremont Lake Entire Shoreline None +977 City of Zimmerman, Unincorporated Areas of Sherburne County. Julia Lake Entire Shoreline +968 +969 Unincorporated Areas of Sherburne County. Long Pond Entire Shoreline None +966 Unincorporated Areas of Sherburne County. Rush Lake Entire Shoreline +968 +969 Unincorporated Areas of Sherburne County. Trott Brook At the Anoka County boundary +880 +879 City of Elk River. Approximately 0.86 mile upstream of Brook Road None +943 * 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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Becker Maps are available for inspection at City Hall, 12060 Sherburne Avenue, Becker, MN 55308. City of Big Lake Maps are available for inspection at City Hall, 160 Lake Street North, Big Lake, MN 55309. City of Elk River Maps are available for inspection at City Hall, 13065 Orono Parkway, Elk River, MN 55330. City of Zimmerman Maps are available for inspection at City Hall, 12980 Fremont Avenue, Zimmerman, MN 55398. Unincorporated Areas of Sherburne County Maps are available for inspection at the Sherburne County Government Center, 13880 U.S. Route 10, Elk River, MN 55330. Broome County, New York (All Jurisdictions) Butler Brook At the confluence with West Branch Delaware River +986 +993 Village of Deposit. Approximately 200 feet upstream of Elm Street +997 +998 Chenango River At the confluence with Susquehanna River Reach 1 +843 +846 City of Binghamton, Town of Barker, Town of Chenango, Town of Dickinson, Town of Fenton, Village of Port Dickinson. Approximately 5,210 feet upstream of State Route 79 +900 +901 Choconut Creek At the confluence with Susquehanna River Reach 1 +829 +832 Town of Vestal. Approximately 1,875 feet upstream of Front Street +831 +832 Deer Lake Entire shoreline within county None +1521 Town of Windsor. East Branch Nanticoke Creek Approximately 3,026 feet downstream of Leekville Road None +975 Town of Maine. Approximately 1,993 feet downstream of Leekville Road None +979 Little Snake Creek At the confluence with Susquehanna River Reach 1 +862 +866 Town of Conklin. Approximately 100 feet downstream of Milltown Drive +865 +866 Nanticoke Creek At the confluence with Susquehanna River Reach 1 +829 +831 Town of Maine, Town of Union, Village of Endicott. Approximately 1,400 feet upstream of Nanticoke Drive +872 +870 Oquaga Creek At the confluence with West Branch Delaware River +985 +992 Village of Deposit. Approximately 130 feet downstream of Mill Street +991 +992 Osborne Creek At the confluence with the Chenango River +869 +872 Town of Colesville, Town of Fenton. Approximately 2.5 miles upstream of Ballyhack Road None +1011 Page Brook At the confluence with the Chenango River +876 +878 Town of Fenton. Approximately 630 feet downstream of Rodgers Road +877 +878 Snake Creek At the confluence with Susquehanna River Reach 1 +864 +868 Town of Conklin. Approximately 1,800 feet upstream of Conklin Road +867 +868 Susquehanna River Reach 1 Approximately 3.6 miles downstream of Old Vestal Avenue +827 +828 City of Binghamton, Town of Binghamton, Town of Conklin, Town of Kirkwood, Town of Union, Town of Vestal, Village of Endicott, Village of Johnson City. Approximately 3.6 miles upstream of Cedarhurst Road +867 +872 Susquehanna River Reach 2 Approximately 6.5 miles downstream of State Highway 17 +912 +918 Town of Colesville, Town of Windsor, Village of Windsor. Approximately 890 feet upstream of Nineveh Bridge +963 +965 Tioughnioga River Reach 1 At the confluence with the Chenango River None +898 Town of Chenango. Approximately 1,270 feet upstream of State Route 12 None +898 West Branch Delaware River Approximately 1.8 mile downstream of Hale Eddy Bridge Road +948 +953 Town of Sanford, Village of Deposit. Approximately 3,920 feet upstream of Pine Street +994 +999 * 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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Binghamton Maps are available for inspection at City Hall, 38 Hawley Street, Binghamton, NY 13901. Town of Barker Maps are available for inspection at the Barker Town Hall, 151 Hyde Street, Castle Creek, NY 13744. Town of Binghamton Maps are available for inspection at the Binghamton Town Hall, 279 Park Avenue, Binghamton, NY 13903. Town of Chenango Maps are available for inspection at the Chenango Town Hall, 1529 State Route 12, Binghamton, NY 13901. Town of Colesville Maps are available for inspection at the Colesville Town Hall, 780 Welton Street, Harpursville, NY 13787. Town of Conklin Maps are available for inspection at the Town Hall, 1271 Conklin Road, Conklin, NY 13748. Town of Dickinson Maps are available for inspection at the Dickinson Town Hall, 531 Old Front Street, Binghamton, NY 13905. Town of Fenton Maps are available for inspection at the Fenton Town Hall, 44 Park Street, Port Crane, NY 13833. Town of Kirkwood Maps are available for inspection at the Town Hall, 70 Crescent Drive, Kirkwood, NY 13795. Town of Maine Maps are available for inspection at the Town Hall, 12 Lewis Street, Maine, NY 13802. Town of Sanford Maps are available for inspection at the Sanford Town Hall, 91 2nd Street, Deposit, NY 13754. Town of Union Maps are available for inspection at the Union Town Hall, 3111 East Main Street, Endwell, NY 13760. Town of Vestal Maps are available for inspection at the Town Hall, 605 Vestal Parkway West, Vestal, NY 13850. Town of Windsor Maps are available for inspection at the Windsor Town Hall, 124 Main Street, Windsor, NY 13865. Village of Deposit Maps are available for inspection at the Village Hall, 146 Front Street, Deposit, NY 13754. Village of Endicott Maps are available for inspection at the Village Office, 1009 East Main Street, Endicott, NY 13760. Village of Johnson City Maps are available for inspection at the Village Municipal Office, 243 Main Street, Johnson City, NY 13790. Village of Port Dickinson Maps are available for inspection at the Port Dickinson Village Hall, 786 Chenango Street, Binghamton, NY 13901. Village of Windsor Maps are available for inspection at the Windsor Village Community House, 107 Main Street, Windsor, NY 13865. (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: May 11, 2010. Sandra K. Knight, Deputy Federal Insurance and Mitigation Administrator, Mitigation, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. 2010-12486 Filed 5-24-10; 8:45 am] BILLING CODE 9110-12-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2010-12486. Public record. Not legal advice.