# Proposed Flood Elevation Determinations > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3AE8-20304 ## Record - **Collection:** Federal Register - **Document type:** Proposed Rule - **Published:** September 3, 2008 - **Citation:** 73 FR 51400 ## Text DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket No. FEMA-B-1002] Proposed Flood Elevation Determinations AGENCY: Federal Emergency Management Agency, DHS. ACTION: Proposed rule. SUMMARY: Comments are requested on the proposed Base (1 percent 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 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 December 2, 2008. ADDRESSES: The corresponding preliminary Flood Insurance Rate Map (FIRM) for the proposed BFEs for each community are 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-1002, to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-3151, or (e-mail) bill.blanton@dhs.gov . FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-3151, or (e-mail) bill.blanton@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 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. 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. Administrative Procedure Act Statement. This matter is not a rulemaking governed by the Administrative Procedure Act (APA), 5 U.S.C. 553. FEMA publishes flood elevation determinations for notice and comment; however, they are governed by the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq. , and do not fall under the APA. 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: State City/town/county Source of flooding Location** * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground ‸ Elevation in Local Tidal Datum Existing Modified Unincorporated Areas of Maui County, Hawaii Hawaii Unincorporated Areas of Maui County Kaluaihakoko Stream Approximately 25 feet upstream of confluence with Pacific Ocean None ‸3 Approximately 500 feet upstream of Piilani Highway None ‸138 Hawaii Unincorporated Areas of Maui County Kamaole Gulch Approximately 90 feet upstream of confluence with Pacific Ocean None ‸6 Approximately 325 feet upstream of Piilani Highway None ‸120 Hawaii Unincorporated Areas of Maui County Waikapu Stream Approximately 255 feet downstream of Kuihelani Highway None ‸191 Approximately 1.6 miles upstream of Honoapiilani Highway None ‸781 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ‸ Local Tidal Datum. ** 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Unincorporated Areas of Maui County Maps are available for inspection at Maui County Planning Department, 250 South High Street, 2nd Floor, Wailuku, HI. City of Norfolk, Virginia Virginia City of Norfolk Chesapeake Bay Approximately 320 feet north of the intersection of Ocean Avenue and 20th Street +7.6 +9.1 Virginia City of Norfolk Eastern Branch Elizabeth River Approximately 500 feet southwest of Atlantic Street and Waterfront Avenue +8.1 +9.1 Virginia City of Norfolk Elizabeth River Approximately 1650 feet west of the intersection of Redgate Avenue and Norfolk Southern Railroad Yard Access Road +7.6 +9.1 Approximately at the waterfront edge of the Norfolk and Southern Railyard +7.6 +9.1 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ** 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472. ADDRESSES City of Norfolk Maps are available for inspection at 400 Granby Street, Norfolk, VA 23510. Flooding source(s) Location of referenced elevation ** * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Effective Modified Communities affected St. Clair County, Illinois, and Incorporated Areas Catawba Creek At confluence with Richland Creek +497 +493 City of Belleville. Approximately 570 feet downstream of Catawba Avenue +497 +496 Douglas Creek At confluence with Richland Creek +433 +432 Unincorporated Areas of St. Clair County. Approximately 600 feet upstream of confluence with Richland Creek +433 +432 Kaskaskia River At County Boundary with Randolph County +395 +392 Unincorporated Areas of St. Clair County, Village of New Athens. Approximately 8,000 feet upstream of Illinois Central Railroad +395 +394 Little Silver Creek At confluence with Silver Creek +429 +428 Unincorporated Areas of St. Clair County. Approximately 7,900 feet upstream of Interstate Highway 62 Westbound +432 +431 Mississippi River Approximately 7,390 feet downstream of Southern County Boundary with Monroe County None +420 City of Centreville, City of East St. Louis, Unincorporated Areas of St. Clair County, Village of Alorton, Village of Brooklyn, Village of Cahokia, Village of Caseyville, Village of Dupo, Village of East Carondelet, Village of Fairmont City, Village of Sauget, Village of Washington Park. Approximately 4,435 feet upstream of Northern County Boundary with Madison County None +429 Northwest Tributary to Ogles Creek At confluence with Unnamed Tributary to Ogles Creek +534 +531 City of Ofallon. Approximately 110 feet upstream of the confluence with Unnamed Tributary to Ogles Creek +534 +533 Prairie Du Pont Diversion Channel At confluence with Mississippi River +423 +422 Unincorporated Areas of St. Clair County. Approximately 1,200 feet upstream of confluence with Mississippi River +423 +422 Richland Creek Approximately 3,000 feet downstream of Schluetter-Germaine Road +450 +449 City of Belleville, City of Ofallon, Unincorporated Areas of St. Clair County, Village of Shiloh, Village of Smithton, Village of Swansea. Approximately 1,090 feet upstream of North Green Mount Road None +530 Silver Creek At confluence with Kaskaskia River +395 +394 Unincorporated Areas of St. Clair County. Approximately 250 feet downstream of Five Forks Road +395 +394 Wolf Branch At confluence with Richland Creek +500 +496 Village of Swansea. Approximately 30 feet downstream of Morgan Street +500 +499 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ** 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Belleville Maps are available for inspection at City Hall, Department of Economic Development and Planning, 101 South Illinois Street, Belleville, IL 62220. City of Centreville Maps are available for inspection at City Hall, 5800 Bond Avenue, Centreville, IL 62207. City of East St. Louis Maps are available for inspection at City Hall, 301 River Park Drive, East St. Louis, IL 62201. City of Ofallon Maps are available for inspection at City Hall, 255 South Lincoln Street, O'Fallon, IL 62269. Unincorporated Areas of St. Clair County Maps are available for inspection at County Courthouse, #10 Public Square, 2nd Floor, Belleville, IL 62220. Village of Alorton Maps are available for inspection at Village Hall, 4821 Bond Avenue, Alorton, IL 62207. Village of Brooklyn Maps are available for inspection at Village Hall, 312 South Fifth Street, Lovejoy, IL 62059. Village of Cahokia Maps are available for inspection at Village of Cahokia Annex Building, Department of Code Enforcement, 201 West Fourth Street, Cahokia, IL 62206. Village of Caseyville Maps are available for inspection at Village Hall, 909 South Main Street, Caseyville, IL 62232. Village of Dupo Maps are available for inspection at Village Hall, 100 North Second Street, Dupo, IL 62239. Village of East Carondelet Maps are available for inspection at Village Hall, 950 State Street, East Carondelet, IL 62240. Village of Fairmont City Maps are available for inspection at Village Hall, 2601 North 41st Street, Fairmont City, IL 62201. Village of New Athens Maps are available for inspection at Village Hall, 905 Spotsylvania Avenue, New Athens, IL 62264. Village of Sauget Maps are available for inspection at Village Hall, 2897 Falling Springs Road, Sauget, IL 62206. Village of Shiloh Maps are available for inspection at Village Hall, 1 Park Drive, Shiloh, IL 62269. Village of Smithton Maps are available for inspection at Village Hall, 101 South Main Street, Smithton, IL 62285. Village of Swansea Maps are available for inspection at Government Center, 1400 North Illinois Street, Swansea, IL 62226. Village of Washington Park Maps are available for inspection at Village Hall, 5218 North Park Drive, Washington Park, IL 62204. Allen County, Kansas, and Incorporated Areas Coon Creek Approximately 0.60 mile downstream of Highway 54 +955 +954 City of Iola, Unincorporated Areas of Allen County. Approximately 115 feet upstream of North Kentucky Street +990 +988 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ** 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Iola Maps are available for inspection at 2 West Jackson, Iola, KS 66749. Unincorporated Areas of Allen County Maps are available for inspection at 1 North Washington, Iola, KS 66749. Van Buren County, Michigan, and Incorporated Areas Maple Creek Approximately 0.4 mile upstream of Ollie Hosier Drive None +645 Township of Bangor. Approximately 800 feet downstream of 34th Avenue None +648 South Branch Black River Approximately 900 feet upstream of Kal-Haven Trail None +585 City of South Haven. Downstream side of 71 1/2 Street None +585 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ** 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of South Haven Maps are available for inspection at 539 Phoenix Street, South Haven, MI 49090. Township of Bangor Maps are available for inspection at 32550 CR 687, Bangor, MI 49013. Onondaga County, New York, and Incorporated Areas Harbor Brook Approximately 300 feet upstream of the confluence with Onondaga Lake +371 +372 City of Syracuse, Town of Geddes, Town of Onondaga. Approximately 860 feet upstream of State Route 173 +781 +782 Limestone Creek Approximately 2,990 feet upstream of North Manlius Road +398 +399 Town of Manlius, Village of Fayetteville, Village of Manlius, Village of Minoa. Approximately 160 feet upstream of Pompey Center Road +724 +725 Meadow Brook Confluence with Old Erie Canal Feeder +431 +429 City of Syracuse, Town of Dewitt. Approximately 220 feet downstream of Meadow Brook Drive +544 +541 Ninemile Creek Approximately 2,150 feet upstream of the confluence with Onondaga Lake +372 +371 Town of Geddes, Town of Camillus, Town of Marcellus, Village of Camillus, Village of Marcellus. Approximately 350 feet upstream of Otisco Valley Road None +781 Onondaga Creek Just upstream of Bear Street None +371 City of Syracuse, Town of Onondaga. Approximately 1.1 miles upstream of Dorwin Avenue +432 +431 Skaneateles Creek Approximately 1.4 miles downstream of Interstate 90 +387 +385 Town of Elbridge, Town of Skaneateles, Village of Elbridge, Village of Jordan, Village of Skaneateles. Approximately 960 feet upstream of Kelley Street +859 +860 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ** 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Syracuse Maps are available for inspection at City Hall, Syracuse, NY 13202. Town of Camillus Maps are available for inspection at 4600 West Genesee Street, Municipal Building, Syracuse, NY 13219. Town of Dewitt Maps are available for inspection at Town Hall, 5400 Butternut Drive, East Syracuse, NY 13057. Town of Elbridge Maps are available for inspection at Town of Elbridge Municipal Building, Jordan, NY 13080. Town of Geddes Maps are available for inspection at Town Hall, 1000 Woods Road, Solvay, NY 13209. Town of Manlius Maps are available for inspection at 301 Brooklea Drive, Fayetteville, NY 13066. Town of Marcellus Maps are available for inspection at Town Hall, 24 East Main Street, Marcellus, NY 13108. Town of Onondaga Maps are available for inspection at Town Offices, 4801 West Seneca Turnpike, Syracuse, NY 13215. Town of Skaneateles Maps are available for inspection at Town Offices, 24 Jordan Street, Skaneateles, NY 13152. Village of Camillus Maps are available for inspection at Village Hall, 37 Main Street, Camillus, NY 13031. Village of Elbridge Maps are available for inspection at 210 West Main Street, Elbridge, NY 13060. Village of Fayetteville Maps are available for inspection at 425 East Genesee Street, Fayetteville, NY 13066. Village of Jordan Maps are available for inspection at 7 Mechanis Street, Jordan, NY 13080. Village of Manlius Maps are available for inspection at 1 Arkie Albanese Avenue, Manlius, NY 13104. Village of Marcellus Maps are available for inspection at 6 Slocumbe Avenue, Marcellus, NY 13108. Village of Minoa Maps are available for inspection at 213 Osborne Street, Minoa, NY 13116. Village of Skaneateles Maps are available for inspection at 46 East Genesee Street, Skaneateles, NY 13152. Caldwell County, North Carolina, and Incorporated Areas Angley Creek Approximately 300 feet upstream of the confluence with Gunpowder Creek None +1178 Unincorporated Areas of Caldwell County, City of Lenoir, Town of Hudson. Approximately 600 feet upstream of Southeast Starcross Road None +1252 Gunpowder Creek At the confluence with Catawba River None +936 Unincorporated Areas of Caldwell County, City of Lenoir, Town of Granite Falls, Town of Hudson. Approximately 700 feet upstream of Southeast Applegate Court None +1321 Lower Creek At the Burke/Caldwell County boundary None +1026 Unincorporated Areas of Caldwell County, City of Lenoir, Town of Gamewell. Approximately 1,900 feet upstream of Cedar Rock Circle (State Road 1706) +1130 +1131 Zacks Fork Branch At the confluence with Zacks Fork Creek +1106 +1104 City of Lenoir. Approximately 1,350 feet upstream of the confluence with Zacks Fork Creek +1106 +1105 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ** 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Lenoir Maps are available for inspection at Lenoir City Hall, 801 West Avenue Northwest, 3rd Floor, Lenoir, NC. Town of Gamewell Maps are available for inspection at Gamewell Town Hall, 2750 Old Morganton Road, Lenoir, NC 28645. Town of Granite Falls Maps are available for inspection at Granite Falls Town Hall, 30 Park Square, Granite Falls, NC. Town of Hudson Maps are available for inspection at Hudson Town Hall, 550 Central Street, Hudson, NC. Unincorporated Areas of Caldwell County Maps are available for inspection at Caldwell County Courthouse, 1051 Harper Avenue, Lenoir, NC. (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: August 22, 2008. David I. Maurstad, Federal Insurance Administrator of the National Flood Insurance Program, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E8-20304 Filed 9-2-08; 8:45 am] BILLING CODE 9110-12-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3AE8-20304. Public record. Not legal advice.