# Proposed Flood Elevation Determinations > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A2010-31151 ## Record - **Collection:** Federal Register - **Document type:** Proposed Rule - **Published:** December 13, 2010 - **Citation:** 75 FR 77598 ## Text DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-B-1167] 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 March 14, 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-1167, to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-4064, or (e-mail) luis.rodriguez1@dhs.gov. 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, (202) 646-4064, or (e-mail) luis.rodriguez1@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 St. Charles County, Missouri, and Incorporated Areas Baltic Creek At the confluence with Dardenne Creek +472 +470 City of Cottleville, City of St. Peters, City of Weldon Spring, Unincorporated Areas of St. Charles County. Approximately 0.7 mile upstream of the confluence with Tributary 7 +494 +492 Boschert Creek At the confluence with Cole Creek +443 +441 City of St. Charles, Unincorporated Areas of St. Charles County. Approximately 0.6 mile upstream of Sibley Street +522 +532 Cole Creek Approximately 0.4 mile upstream of the confluence with Boschert Creek +442 +443 City of St. Charles. Approximately 800 feet upstream of Graystone Drive +528 +529 Crooked Creek At the confluence with Dardenne Creek +476 +475 City of Cottleville, City of O'Fallon, City of Weldon Spring, Unincorporated Areas of St. Charles County. Approximately 0.7 mile upstream of I-64 None +574 Cunningham Branch At the confluence with Dardenne Creek +538 +535 City of O'Fallon, Unincorporated Areas of St. Charles County. Approximately 1,250 feet upstream of State Highway D None +644 Dardenne Creek Approximately 400 feet downstream of Norfolk Southern Railroad +443 +444 City of Cottleville, City of O'Fallon, City of St. Peters, Town of Dardenne Prairie, Unincorporated Areas of St. Charles County. Approximately 2.3 miles upstream of Oberhelman Road +752 +748 East Branch At the confluence with Spencer Creek +456 +458 City of St. Peters. Spencer Creek Just downstream of Boone Hills Drive +499 +503 East Branch At the confluence with Dardenne Creek +481 +480 City of Cottleville, City of O'Fallon, Unincorporated Areas of St. Charles County. Tributary B Approximately 150 feet upstream of State Highway K +516 +525 East Cole Creek At the confluence with Cole Creek +454 +457 City of St. Charles. Approximately 600 feet upstream of Canary Lane +487 +478 Kraut Run At the confluence with Dardenne Creek +505 +506 Unincorporated Areas of St. Charles County. Approximately 1,000 feet upstream of Wilson Road None +607 Lake Sainte Louise Entire shoreline within community None +546 City of Lake St. Louis, Unincorporated Areas of St. Charles County. Little Dardenne Creek At the confluence with Dardenne Creek +553 +554 Approximately 0.9 mile upstream of Morrison Lane None +719 Oday Creek At the confluence with Dardenne Creek +504 +505 City of Lake St. Louis, City of O'Fallon, City of St. Charles, Unincorporated Areas of St. Charles County. Approximately 425 feet upstream of State Highway N None +587 Old Dardenne Creek At the confluence with Dardenne Creek +485 +486 City of O'Fallon, City of St. Charles, Town of Dardenne Prairie, Unincorporated Areas of St. Charles County. Approximately 350 feet upstream of U.S. Route 40/61 None +502 Peruque Creek Approximately 0.3 mile downstream of State Highway Z +532 +530 City of Foristell, City of Wentzville, Unincorporated Areas of St. Charles County. Approximately 1.3 miles upstream of State Highway T None +630 Peruque Creek At the confluence with Peruque Creek None +613 City of Foristell, Unincorporated Areas of St. Charles County. Tributary 2 Approximately 600 feet upstream of State Highway T None +734 Peruque Creek Tributary 8 Approximately 1.0 mile upstream of the confluence with Peruque Creek None +505 City of Lake St. Louis, City of Wentzville. Approximately 0.6 mile upstream of I-70 None +546 Peruque Creek Tributary 9 Approximately 1.0 mile upstream of the confluence with Peruque Creek +504 +505 City of Lake St. Louis, Unincorporated Areas of St. Charles County. Approximately 0.4 mile upstream of Henke Road None +539 Peruque Creek Tributary 12 At the confluence with Peruque Creek +472 +471 City of St. Paul, Unincorporated Areas of St. Charles County. Approximately 0.4 mile upstream of Meadow Farm Lane None +527 Peruque Creek Tributary 14 Approximately 0.2 mile upstream of the confluence with Peruque Creek None +464 City of O'Fallon, Unincorporated Areas of St. Charles County. Approximately 1,000 feet upstream of Civic Park Drive None +512 Peruque Creek Tributary 15 Approximately 900 feet upstream of the confluence with Peruque Creek None +464 City of O'Fallon. Approximately 1,300 feet upstream of Main Street None +507 Sandfort Creek Just downstream of Norfolk Southern Railroad +443 +442 City of St. Charles, Unincorporated Areas of St. Charles County. Approximately 350 feet downstream of Muegge Road None +497 Schote Creek At the confluence with Dardenne Creek +482 +481 City of O'Fallon, Town of Dardenne Prairie, Unincorporated Areas of St. Charles County. Approximately 1.6 miles upstream of U.S. Route 40/61 None +583 Spencer Creek Approximately 365 feet upstream of the railroad +443 +444 City of St. Peters, Unincorporated Areas of St. Charles County. Approximately 1,200 feet upstream of Millwood Drive +525 +526 Tributary A At the confluence with Dardenne Creek +470 +469 City of St. Peters, Unincorporated Areas of St. Charles County. Approximately 500 feet upstream of Starlight Drive +533 +536 Tributary No. 1 At the confluence with Dardenne Creek +461 +464 City of St. Peters, Unincorporated Areas of St. Charles County. Approximately 400 feet upstream of Harris Drive None +473 Tributary No. 2 Just upstream of Ohmes Road +466 +465 City of St. Peters. Approximately 0.5 mile upstream of Ohmes Road None +478 Tributary No. 3 At the confluence with Tributary A +470 +469 Unincorporated Areas of St. Charles County. Approximately 0.8 mile upstream of St. Peters-Howell Road None +503 Tributary No. 4 At the confluence with Tributary A +470 +469 City of St. Peters, Unincorporated Areas of St. Charles County. Approximately 1,150 feet upstream of Woodstream Drive None +509 Tributary No. 7 At the confluence with Baltic Creek +483 +482 City of St. Peters, City of Weldon Spring. Approximately 0.8 mile upstream of Pitmann Hill Road None +504 Tributary No. 9 At the confluence with Crooked Creek +479 +480 City of Weldon Spring, Unincorporated Areas of St. Charles County. Approximately 0.5 mile upstream of Guthermuth Road +496 +497 Tributary No. 13 At the confluence with Dardenne Creek +485 +486 City of O'Fallon, Town of Dardenne Prairie. Approximately 700 feet upstream of McClure Road +509 +508 Tributary No. 15 At the confluence with Dardenne Creek +496 +495 City of O'Fallon, Town of Dardenne Prairie, Unincorporated Areas of St. Charles County. Approximately 300 feet upstream of Keystone Crossing Drive None +567 Tributary No. 17 Approximately 0.8 mile upstream of the confluence with Dardenne Creek None +522 City of O'Fallon, Unincorporated Areas of St. Charles County. Approximately 900 feet upstream of Hopewell Road None +895 Tributary No. 19 Approximately 1,300 feet upstream of the confluence with Dardenne Creek +504 +505 Unincorporated Areas of St. Charles County. Approximately 2.1 miles upstream of the confluence with Dardenne Creek None +573 West Branch Spencer Creek At the confluence with Spencer Creek +453 +450 Unincorporated Areas of St. Charles County. Approximately 400 feet upstream of Willott Road None +510 West Branch Tributary B At the confluence with East Branch Tributary B +491 +489 Town of Dardenne Prairie. Approximately 150 feet upstream of Bryan Road None +622 West Sandfort Creek At the confluence with Sandfort Creek +451 +450 City of St. Charles, Unincorporated Areas of St. Charles County. Approximately 1,400 feet upstream of Harry S. Truman Boulevard +466 +459 * 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 Cottleville Maps are available for inspection at City Hall, 5490 5th Street, Cottleville, MO 63338. City of Foristell Maps are available for inspection at City Hall, 121 Mulberry Street, Foristell, MO 63348. City of Lake St. Louis Maps are available for inspection at City Hall, 200 Civic Center Drive, Lake St. Louis, MO 63367. City of O'Fallon Maps are available for inspection at City Hall, 100 North Main Street, O'Fallon, MO 63366. City of St. Charles Maps are available for inspection at City Hall, 200 North 2nd Street, St. Charles, MO 63301. City of St. Paul Maps are available for inspection at City Hall, 2300 Saint Paul Road, St. Paul, MO 63366. City of St. Peters Maps are available for inspection at City Hall, 1 Saint Peter Centre Boulevard, St. Peters, MO 63376. City of Weldon Spring Maps are available for inspection at City Hall, 5401 Independence Road, Weldon Spring, MO 63304. City of Wentzville Maps are available for inspection at City Hall, 310 West Pearce Boulevard, Wentzville, MO 63385. Town of Dardenne Prairie Maps are available for inspection at the Town Hall, 2032 Hanley Road, Dardenne Prairie, MO 63368. Unincorporated Areas of St. Charles County Maps are available for inspection at the St. Charles County Administrative Building, 201 North 2nd Street, St. Charles, MO 63301. (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: December 3, 2010. Sandra K. Knight, Deputy Federal Insurance and Mitigation Administrator, Mitigation, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. 2010-31151 Filed 12-10-10; 8:45 am] BILLING CODE 9110-12-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2010-31151. Public record. Not legal advice.