Proposed Flood Elevation Determinations

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-B-7460]

Proposed Flood Elevation Determinations

AGENCY:

Federal Emergency Management Agency (FEMA), 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 and modified 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, Mitigation Division, Federal Emergency Management Agency, 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 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 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 Federal Emergency Management Agency 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. 4104, and are required to establish and maintain community eligibility in the NFIP. No regulatory flexibility analysis has 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 13132, Federalism. This rule involves no policies that have federalism implications under Executive Order 13132.

Executive Order 12988, Civil Justice Reform. This 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:

State

City/town/county

Source of flooding

Location

*

Elevation in feet (NGVD)

Existing

Modified

Texas

Bexar County (Uninc. Areas)

San Antonio River

Approximately 500 feet upstream of Rd 3 along River Road

None

*

510

Just downstream of Roosevelt Avenue

*

569

*

579

Just upstream of Josephine Street

*

660

*

656

*

National Geodetic Vertical Datum.

Maps are available for inspection at Vista Verde Building, Suite 420, 233 North Pecos St., San Antonio, TX 78207.

Send comments to the Honorable Nelson W. Wolf, County Judge, Bexar County Courthouse, 100 Dolorosa, Suite 120, San Antonio, TX 78205.

State

City/town/county

Source of flooding

Location

*

Elevation in feet (NGVD)

Existing

Modified

Texas

City of San Antonio, Bexar County

San Antonio River

Approximately 500 feet upstream of Rd 3 along River Road.

None

*

510

Just downstream of Roosevelt Avenue

*569

*579

Just upstream of Josephine Street

*

660

*

656

City of San Antonio, Bexar County

San Pedro Creek

At the confluence with San Antonio River

*592

*599

At confluence with Apache Creek (above Rail Road).

*

617

*

628

Approximately 100 feet downstream of West Myrtle Street

None

*

656

City of San Antonio, Bexar County

Symphony Lane Spillflow

At convergence with San Antonio River

*

550

*

554

Just upstream of East Pyron Avenue

*

554

*

558

*

National Geodetic Vertical Datum.

Maps are available for inspection at Municipal Plaza, 114 W Commerce St., 7th Floor, San Antonio, TX 78205.

Send comments to The Honorable Ed Garza, Mayor, City Hall, PO Box 839966, San Antonio, TX 78283.

State

City/town/county

Source of flooding

Location

+

Elevation in feet (NAVD)

Existing

Modified

WY

Town of Hulett

Belle Fourche River

0.75 miles downstream of State Highway 24

None

+3,747

0.48 miles upstream of State Highway 24

None

+3,754

+North American Vertical Datum.

Maps are available for inspection at: The Town of Hulett.

Send Comments to: The Honorable John McPartland, Mayor, 123 Hill Street, Hulett, Wyoming 82720.

State

City/town/county

Source of flooding

Location

*

Existing elevation in feet (NGVD)

+Modified elevation in feet (NAVD)

Existing

Modified

WY

City of Sundance

Sundance Creek

1.9 miles downstream of Sundance Pond

None

+4,584

Confluence of North Fork and South Fork Sundance Creek.

*

4,758

*

4,759

North Fork

Confluence with Sundance Creek

*

4,758

+4,759

Sundance Creed

800 feet upstream of West Street

*

4,804

+4,799

South Fork

Confluence of North Fork Sundance Creek

*4,758

+4,759

Sundance Creek

350 feet upstream of State Highway 90

None

+4,792

*

National Geodetic Vertical Datum.

+North American Vertical Datum.

Maps are available for inspection at: City Hall.

Send Comments to: The Honorable James Miller, Mayor, City of Sundance, 213 Main Street, Sundance, Wyoming 82729.

Flooding source(s)

Location of referenced elevation

*Elevation in feet

(NGVD)

+Elevation in feet

(NAVD)

Effective

Modified

Communities affected

Adams County, Colorado and Incorporated Areas

Basin 4100

60 feet upstream of Colorado Boulevard

*5094

+5095

Adams County (Uninc. Areas), City of Thorton.

300 feet upstream of Thornton Parkway

*5220

+5223

Bear Gulch

Confluence with Box Elder Creek

None

+5283

Adams County (Uninc. Areas).

Approximately 100 feet downstream from Quail Run Mile Road

None

+5536

Bear Gulch Tributary D

Approximately 900 feet upstream of the confluence with Bear Gulch

None

+5410

Adams County (Uninc. Areas).

Approximately 400 feet downstream of future Quail Run Road alignment

None

+5440

Bear Gulch Tributary E

Confluence with Bear Gulch

None

+5388

Adams County (Uninc. Areas).

1115 feet upstream from confluence with Bear Gulch

None

+5390

Bear Gulch Tributary G

Confluence with Bear Gulch

None

+5335

Adams County (Uninc. Areas).

320 feet upstream from Quail Run Mile Road

None

+5367

Box Elder Creek

Approximately 130 feet downstream from East 168th Avenue

None

+5054

Adams County (Uninc. Areas).

3000 feet north of the Union Pacific Rail Road

*5513

+5516

Clear Creek

Confluence with South Platte River

*5105

+5106

Adams County (Uninc. Areas).

At Sheridan Boulevard

*5254

+5263

Clear Creek North Overflow

Confluence with Clear Creek

*5222

+5222

Adams County (Uninc. Areas).

At Sheridan Boulevard

*5254

+5263

Coyote Run

Confluence with Box Elder Creek

None

+5394

Adams County (Uninc. Areas).

Immediately downstream of US 36

None

+5512

Hayesmount Creek

Approximately 130 feet downstream from East 168th Avenue

None

+5071

Adams County (Uninc. Areas).

Adams/Denver County Line

None

+5234

Hayesmount Creek East Tributary

Confluence with Hayesmount Creek

None

+5190

Adams County (Uninc. Areas).

Approximately 5800 feet upstream from East 120th Avenue

None

+5234

Hayesmount Creek West Tributary

Confluence with Hayesmount Creek

None

+5165

Adams County (Uninc. Areas).

Approximately 9000 feet upstream from East 128th Avenue

None

+5225

South Platte River

Approximately 130 feet downstream from East 168th Avenue

*4953

+4956

Adams County (Uninc. Areas), City of Brighton, City of Commerce City, City of Thorton

At Franklin Street

*5144

+5138

* National Geodetic Vertical Datum.

+ National American Vertical Datum.

ADDRESSES:

Unincorporated Areas of Adams County

Maps are available for inspection at 12200 North Pecos Street, Third Floor, Westminster, Colorado 80234

.

Send comments to Commissioner Larry W. Pace, Chairman, Board of County Commissioners, 450 South 4th Avenue, Brighton, Colorado 80601.

City of Brighton

Maps are available for inspection at 22 South 4th Avenue, Brighton, Colorado 80601.

Send comments to the Honorable Jan Pawlowski, Mayor, City of Brighton, 22 South 4th Avenue, Brighton, Colorado 80601.

City of Commerce City

Maps are available for inspection at 5291 East 60th Avenue, Commerce City, Colorado 80022.

Send comments to the Honorable Sean Ford, Mayor, City of Commerce City, 5291 East 60th Avenue, Commerce City, Colorado 80022.

City of Thorton

Maps are available for inspection at Infrastructure Maintenance Center, 12450 Washington Street, Thorton, Colorado 80229.

Send comments to the Honorable Noel Busck, Mayor, City of Thorton, 9500 Civic Center Drive, Thorton, Colorado 80229.

Payne County, Oklahoma and Incorporated Areas

Bell Creek

At confluence with Bell Creek and Cottonwood Creek

None

+854

Payne County (Uninc. Areas), City of Cushing.

Intersection of Little Avenue and Bell Creek

None

+917

East Boomer Creek

At the intersection of Mceleroy Road and East Boomer Creek

*882

+878

Payne County (Uninc. Areas), City of Stillwater.

At the intersection of West Peacable Acres Road and East Boomer Creek

None

+931

Knipe Creek

At confluence with Cimarron River and Knipe Creek

None

+841

Payne County (Uninc. Areas), Town of Perkins.

Approximately 11,500 feet upstream the confluence of Knipe Creek and Cimarron River

None

+903

Perkins Creek

At the confluence of Perkins Creek and Cimarron River

None

+844

Payne County (Uninc. Areas), Town of Perkins.

Intersection of 116th Street and Perkins Creek

None

+916

Stillwater Creek

Intersection of 44th Avenue and Prairie Road

None

+844

Payne County (Uninc. Areas), City of Stillwater, Town of Ripley.

Approximately 2,000 feet upstream the confluence of Harrington Creek and Stillwater Creek

*896

+894

West Boomer Creek

At the intersection of West Hall of Fame Avenue and West Boomer Creek

*883

+882

Payne County (Uninc. Areas), City of Stillwater.

At the intersection of West Liberty Lane and West Boomer Creek

None

+916

* National Geodetic Vertical Datum 1929.

+ National American Vertical Datum 1988.

ADDRESSES:

Unincorporated Areas of Payne County

Maps are available for inspection at 315 West 6th Street, Stillwater, OK 74074.

Send comments to Ms. Gloria Hesser, District 2 County Commissioner, 315 West 6th Street, Stillwater, OK 74074.

City of Cushing

Maps are available for inspection at Cushing City Hall, 100 Judy Adams Blvd., Cushing, OK 74023.

Send comments to the Honorable Loren West, Mayor, City of Cushing, Cushing City Hall, Cushing, OK 74023.

City of Stillwater

Maps are available for inspection at Stillwater Municipal Building, 723 S. Lewis, Stillwater, OK 74074.

Send comments to the Honorable Bud Lacy, Mayor, City of Stillwater, 723 S. Lewis St., Stillwater, OK 74076.

Town of Perkins

Maps are available for inspection at City Hall, 110 N. Main, Perkins, OK 74059.

Send comments to the Honorable Mel Miller, Mayor, Town of Perkins, 110 N. Main, Perkins, OK 74059.

Town of Ripely

Maps are available for inspection at 203 S. Ripley Street, Ripley, OK 74062.

Send comments to the Honorable Jay Varble, Mayor, Town of Ripley, 203 S. Ripley Street, Ripley, OK 74062.

Henrico County, Virginia and Incorporated Areas

Allens Branch

Approximately at the confluence with Chickahominy River

None

+197

Henrico County (Uninc. Areas).

Approximately 250 feet downstream from the I-295 Ramp

None

+214

Chickahominy River

Approximately at Creighton Road

None

+77

Henrico County (Uninc. Areas).

Approximately 1900 feet downstream from Shady Grove Road

None

+218

Copperas Creek

Approximately at the confluence with Tuckahoe Creek

None

+144

Henrico County (Uninc. Areas).

Approximately 150 feet downstream from Waterford Way East

None

+220

Copperas Creek Tributary 2

Approximately at the confluence with Copperas Creek

None

+160

Henrico County (Uninc. Areas).

Approximately 2000 feet upstream from Ridgefield Parkway

None

+206

Fourmile Creek

Approximately at the confluence with James River

None

+11

Henrico County (Uninc. Areas).

Approximately 2000 feet upstream from Doran Road

None

+92

Fourmile Creek Tributary 7

Approximately at the confluence with Fourmile Creek

None

+85

Henrico County (Uninc. Areas).

Approximately 775 feet upstream from the Footbridge

None

+88

Gillies Creek Tributary 1

Approximately at the confluence with Gillies Creek

None

+121

Henrico County (Uninc. Areas).

Approximately 250 feet downstream from South Kalmia Avenue

None

+154

Harding Branch

Approximately at the confluence with Tuckahoe Creek

None

+148

Henrico County (Uninc. Areas).

Approximately 2500 feet upstream from Park Terrace Drive

None

+240

Harding Branch Tributary 1

Approximately at the confluence with Harding Branch

None

+168

Henrico County (Uninc. Areas).

Approximately 1000 feet upstream from the confluence with Harding Branch

None

+171

Heckler Village Tributary 1

Approximately at the confluence with Gillies Creek

None

+109

Henrico County (Uninc. Areas).

Approximately 1100 feet upstream from Colwyck Drive

None

+145

Heckler Village Tributary 2

Approximately at the confluence with Gillies Creek

None

+138

Henrico County (Uninc. Areas).

Approximately 1600 feet upstream from Wynfield Terrace

None

+158

Horsepen Branch

Approximately at the confluence with Upham Brook

None

+174

Henrico County (Uninc. Areas).

Approximately 300 feet upstream from Devers Road

None

+218

James River

Approximately 2100 feet southeast of the intersection of Osborne Landing and Kingsland Road

None

+16

Henrico County (Uninc. Areas).

Approximately 1250 feet Northwest of the intersection of Stancraft Way and Old Osborne Turnpike

None

+32

Meredith Branch

Approximately at the confluence with Chickahominy River

None

+186

Henrico County (Uninc. Areas).

Approximately 500 feet downstream from Broad Meadows Road

None

+230

North Run

Approximately at the confluence with Upham Brook

+117

+120

Henrico County (Uninc. Areas).

Approximately 400 feet upstream from the confluence with Upham Brook

+119

+120

Rooty Branch

Approximately 600 feet downstream from Nuckols Road

None

+221

Henrico County (Uninc. Areas).

Approximately 1800 feet upstream from Nuckols Road

None

+233

Tributary A To Gillies Creek Tributary 1

Approximately at the confluence with Gillies Creek Tributary 1

None

+146

Henrico County (Uninc. Areas).

Approximately 1200 feet upstream from Yates Lane

None

+158

Tributary A to Gillies Creek Tributary 1 Tributary

Approximately at the confluence with Tributary A to Gillies Creek Tributary 1

None

+150

Henrico County (Uninc. Areas).

Approximately 750 feet south from Nine Mile Road

None

+160

* National Geodetic Vertical Datum.

+ National American Vertical Datum.

ADDRESSES:

Unincorporated Areas of Henrico County

Maps are available for inspection at Henrico West End Government Center, 4301 E. Parham Road, Richmond, VA 23228.

Send comments to Mr. Robert Thompson, Director of Public Works, P.O. Box 27032, Richmond, VA 23273.

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

Michael Buckley,

Deputy Director, Mitigation Division, Federal Emergency Management Agency, Department of Homeland Security.

[FR Doc. E6-9510 Filed 6-16-06; 8:45 am]

BILLING CODE 9110-12-P