Proposed Flood Elevation Determinations

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2012-0003; Internal Agency Docket No. FEMA-B-1213]

Proposed Flood Elevation Determinations

AGENCY:

Federal Emergency Management Agency, DHS.

ACTION:

Proposed rule; correction.

SUMMARY:

On August 25, 2011, FEMA published in the

Federal Register

a proposed rule that contained an erroneous table. On October 4, 2011, a correction to that original notice was published in the

Federal Register

. This notice provides corrections to that initial table and the correction notice, to be used in lieu of the information published at 76 FR 53082 and at 76 FR 61295. The table provided here represents the flooding sources, location of referenced elevations, effective and modified elevations, and communities affected for Smith County, Texas, and Incorporated Areas. Specifically, it addresses the flooding sources: Black Fork Creek, Black Fork Creek Tributary BF-1, Black Fork Creek Tributary BF-M-1, Black Fork Creek Tributary D, Black Fork Creek Tributary D-1, Black Fork Creek Tributary D-2, Black Fork Creek Tributary D-3, Butler Creek, Gilley Creek, Gilley Creek Tributary G-1, Harris Creek, Henshaw Creek, Indian Creek, Ray Creek, Shackleford Creek, West Mud Creek, West Mud Creek Tributary 11, West Mud Creek Tributary B, West Mud Creek Tributary M-1, West Mud Creek Tributary M-2, West Mud Creek Tributary M-A, West Mud Creek Tributary M-A.1, West Mud Creek Tributary M-A.2, West Mud Creek Tributary M-C, West Mud Creek Tributary M-C.1, West Mud Creek Tributary M-C.2, Wiggins Creek, and Willow Creek.

DATES:

Comments are to be submitted on or before November 20, 2012.

ADDRESSES:

You may submit comments, identified by Docket No. FEMA-B-1213, 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 (email)

luis.rodriguez3@fema.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 (email)

luis.rodriguez3@fema.dhs.gov

.

SUPPLEMENTARY INFORMATION:

The Federal Emergency Management Agency (FEMA) publishes proposed determinations of Base (1% annual-chance) Flood Elevations (BFEs) and modified BFEs for communities participating in the National Flood Insurance Program (NFIP), 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 minimum requirements. 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.

Correction

In the proposed rule published at 76 FR 53082, in the August 25, 2011 issue of the

Federal Register

, and in the correction notice published at 76 FR 61295, in the October 4, 2011 issue, FEMA published a table and its corrections under the authority of 44 CFR 67.4. The table, entitled “Smith County, Texas, and Incorporated Areas” addressed the flooding sources: Black Fork Creek, Black Fork Creek Tributary BF-1, Black Fork Creek Tributary BF-

M-1, Black Fork Creek Tributary D, Black Fork Creek Tributary D-1, Black Fork Creek Tributary D-2, Black Fork Creek Tributary D-3, Black Fork Creek Tributary D-4, Black Fork Creek Tributary D-5, Butler Creek, Gilley Creek, Gilley Creek Tributary G-1, Harris Creek, Henshaw Creek, Indian Creek, Ray Creek, Shackleford Creek, West Mud Creek, West Mud Creek Tributary 11, West Mud Creek Tributary B, West Mud Creek Tributary M-1, West Mud Creek Tributary M-2, West Mud Creek Tributary M-A, West Mud Creek Tributary M-A.1, West Mud Creek Tributary M-A.2, West Mud Creek Tributary M-C, West Mud Creek Tributary M-C.1, West Mud Creek Tributary M-C.2, Wiggins Creek, and Willow Creek. That table contained inaccurate information as to the location of referenced elevation, effective and modified elevation in feet, and/or communities affected for the flooding sources: Black Fork Creek Tributary D, Black Fork Creek Tributary D-1, Black Fork Creek Tributary D-2, Black Fork Creek Tributary D-3, Harris Creek, Indian Creek, Shackleford Creek, West Mud Creek, West Mud Creek Tributary 11, West Mud Creek Tributary B, West Mud Creek Tributary M-1, West Mud Creek Tributary M-A.1, West Mud Creek Tributary M-A.2, West Mud Creek Tributary M-C, West Mud Creek Tributary M-C.1, West Mud Creek Tributary M-C.2, and Willow Creek. The table also contained two flooding sources, Black Fork Creek Tributary D-4 and Black Fork Creek Tributary D-5, which were removed from the original publication. In this notice, FEMA is publishing a table containing the accurate information, to address these prior errors. The information provided below should be used in lieu of that previously published.

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

Smith County, Texas, and Incorporated Areas

Black Fork Creek

Approximately 0.43 mile upstream of the Prairie Creek West confluence

None

+380

City of Tyler, Unincorporated Areas of Smith County.

Approximately 0.71 mile upstream of East 5th Street

+530

+531

Black Fork Creek Tributary BF-1

At the Black Fork Creek confluence

+434

+436

City of Tyler, Unincorporated Areas of Smith County.

Approximately 1.2 miles upstream of Loop 323

None

+476

Black Fork Creek Tributary BF-M-1

At the Black Fork Creek confluence

+495

+496

City of Tyler.

Approximately 1,475 feet upstream of Devine Street

None

+523

Black Fork Creek Tributary D

At the Black Fork Creek confluence

+468

+469

City of Tyler.

Approximately 1,180 feet upstream of East Front Street

+509

+508

Black Fork Creek Tributary D-1

At the Black Fork Creek Tributary D confluence

+477

+473

City of Tyler.

Approximately 1,770 feet upstream of the Black Fork Creek Tributary D confluence

+477

+479

Black Fork Creek Tributary D-2

At the Black Fork Creek Tributary D confluence

+488

+487

City of Tyler.

Approximately 1,053 feet upstream of Townsend Avenue

+488

+490

Black Fork Creek Tributary D-3

At the Black Fork Creek Tributary D confluence

+492

+488

City of Tyler.

At Elm Street

+493

+491

Butler Creek

Approximately 340 feet upstream of FM 2661

None

+361

City of Tyler, Unincorporated Areas of Smith County.

Approximately 640 feet upstream of State Route 155

None

+457

Gilley Creek

Approximately 310 feet downstream of FM 848

None

+379

City of Tyler, Unincorporated Areas of Smith County.

Approximately 150 feet upstream of University Boulevard

None

+474

Gilley Creek Tributary G-1

At the Gilley Creek confluence

None

+426

City of Tyler, Unincorporated Areas of Smith County.

Approximately 1.14 miles upstream of County Road 2120

None

+478

Harris Creek

Approximately 300 feet upstream of the Ray Creek confluence

None

+329

Unincorporated Areas of Smith County.

Approximately 2.16 miles upstream of FM 850

None

+463

Henshaw Creek

At the West Mud Creek confluence

+381

+383

Unincorporated Areas of Smith County.

Approximately 0.71 mile upstream of County Road 165

+475

+477

Indian Creek

Approximately 490 feet upstream of the Lake Palestine confluence

None

+349

City of Tyler, Unincorporated Areas of Smith County.

Approximately 1,950 feet upstream of Loop 323

None

+473

Ray Creek

Approximately 0.37 mile upstream of the Harris Creek confluence

None

+332

Unincorporated Areas of Smith County.

Approximately 525 feet upstream of Old Gladwater Highway

None

+436

Shackleford Creek

At the West Mud Creek confluence

+380

+383

City of Tyler, Unincorporated Areas of Smith County.

Approximately 620 feet upstream of Paluxy Drive (FM 756)

None

+481

West Mud Creek

Approximately 200 feet upstream of FM 344 East

+360

+361

City of Tyler, Unincorporated Areas of Smith County.

Approximately 1,300 feet upstream of Easy Street

+495

+496

West Mud Creek Tributary 11

At the West Mud Creek confluence

+417

+419

City of Tyler.

Approximately 400 feet upstream of Holly Creek Drive

None

+462

West Mud Creek Tributary B

Approximately 125 feet upstream of the West Mud Creek confluence

+468

+467

City of Tyler.

Approximately 125 feet upstream of Paluxy Drive

+505

+504

West Mud Creek Tributary M-1

At the West Mud Creek Tributary M-A confluence

+442

+444

City of Tyler.

Approximately 1,440 feet upstream of Cross Creek Circle

+487

+485

West Mud Creek Tributary M-2

Approximately 425 feet upstream of the West Mud Creek confluence

+464

+463

City of Tyler.

Approximately 1,510 feet upstream of Barbee Drive

+481

+469

West Mud Creek Tributary M-A

Approximately 200 feet upstream of the West Mud Creek confluence

+445

+444

City of Tyler.

Approximately 80 feet upstream of Woodland Hills Drive

None

+509

West Mud Creek Tributary M-A.1

At the West Mud Creek Tributary M-A confluence

+472

+471

City of Tyler.

Approximately 680 feet upstream of Rice Road

+487

+485

West Mud Creek Tributary M-A.2

At the West Mud Creek Tributary M-A confluence

None

+487

City of Tyler.

Approximately 830 feet upstream of the West Mud Creek Tributary M-A confluence

None

+493

West Mud Creek Tributary M-C

Approximately 450 feet upstream of the West Mud Creek confluence

+478

+477

City of Tyler.

Approximately 50 feet upstream of Old Jacksonville Highway

None

+530

West Mud Creek Tributary M-C.1

Approximately 160 feet upstream of the West Mud Creek Tributary M-C confluence

+489

+488

City of Tyler.

Approximately 1,010 feet upstream of New Copeland Road

+490

+491

West Mud Creek Tributary M-C.2

At the West Mud Creek Tributary M-C confluence

None

+502

City of Tyler.

Approximately 1,000 feet upstream of Old Bullard Road

None

+511

Wiggins Creek

At the downstream side of the railroad

None

+327

Unincorporated Areas of Smith County.

Approximately 0.83 mile upstream of Harris Creek Church Road

None

+373

Willow Creek

At the Black Fork Creek confluence

+419

+423

City of Tyler, Unincorporated Areas of Smith County.

Approximately 1.48 miles upstream of Loop 323 North-Northwest

+482

+480

* 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 Tyler

Maps are available for inspection at the Development Services Office, 423 West Ferguson Street, Tyler, TX 75702.

Unincorporated Areas of Smith County

Maps are available for inspection at the Smith County Courthouse, 100 North Broadway Avenue, Tyler, TX 75702.

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

Dated: August 8, 2012.

Sandra K. Knight,

Deputy Associate Administrator for Mitigation, Department of Homeland Security, Federal Emergency Management Agency.

[FR Doc. 2012-20646 Filed 8-21-12; 8:45 am]

BILLING CODE 9110-12-P