Proposed Flood Elevation Determinations

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-B-1040]

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 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 17, 2009.

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-1040, 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.

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 meters (MSL)

Existing

Modified

City of Burnside, Kentucky

Kentucky

City of Burnside

Lake Cumberland

Entire shoreline

None

+749

* 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

ADDRESSES

City of Burnside

Maps are available for inspection at 7929 South Highway 27, Burnside, KY 42519.

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

Fairfield County, Connecticut, and Incorporated Areas

East Swamp Brook

Entire reach within City of Danbury

None

+293

City of Danbury.

Farmill River

Entire reach within Town of Stratford

None

+14

Town of Stratford.

Entire reach within Town of Stratford

None

+70

Five Mile River

At upstream side of Old Rock Lane

+141

+139

City of Norwalk.

Approximately 750 feet upstream of Old Rock Lane

+142

+139

Horse Tavern Brook

At upstream side of Park Avenue

+129

+132

City of Bridgeport.

Approximately 670 feet upstream of Park Avenue

+131

+132

Approximately 1,580 feet upstream of Old Town Road

None

+239

Approximately 1,820 feet upstream of Old Town Road

None

+240

Horse Tavern Brook

Approximately 470 feet upstream of Old Town Road

+236

+238

Town of Trumbull.

Approximately 1,070 feet upstream of Old Town Road

+238

+239

Housatonic River

Approximately 2,775 feet upstream of Merritt Parkway

+13

+14

Town of Stratford.

Approximately 3,650 feet upstream of Merritt Parkway

+13

+14

Housatonic River

At confluence of Halfway River

None

+108

Town of Newtown.

Approximately 15,800 feet upstream of confluence of Halfway River

None

+108

Laurel Brook

Approximately 320 feet upstream of confluence with Rippowam River (Upper Reach)

+244

+245

City of Stamford.

Approximately 40 feet upstream of Laurel Road

+279

+274

Mianus River

At upstream side of Valley Road

+72

+73

Town of Greenwich.

Approximately 270 feet upstream of Valley Road

+72

+73

Noroton River

Approximately 1,860 feet downstream of State Route 15

None

+117

Town of Darien, City of Stamford.

Approximately 1,040 feet downstream of State Route 15

None

+117

Norwalk River

Entire reach within Town of Weston

None

+302

Town of Weston.

Norwalk River

Approximately 2,740 feet upstream of U.S. Route 7

None

+367

Town of Ridgefield.

Approximately 3,500 feet upstream of U.S. Route 7

None

+373

Rippowam River (Upper Reach)

Approximately 290 feet downstream of Cascade Road

+227

+228

Town of New Canaan.

Approximately 3,360 feet upstream of Cascade Road

+242

+243

Rooster River

At upstream side of Railroad

+16

+15

Town of Fairfield.

At downstream side of Brooklawn Avenue

+20

+19

Terehaute Brook

Entire reach within City of Danbury

None

+367

City of Danbury.

Entire reach within City of Danbury

None

+373

Tributary O at Intervale Road

Entire reach within Town of Stratford

None

+140

Town of Stratford.

* 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

ADDRESSES

City of Bridgeport

Maps are available for inspection at the City of Bridgeport Zoning Office, 45 Lyon Terrace, Bridgeport, CT.

City of Danbury

Maps are available for inspection at Danbury City Hall, Engineering Department, 155 Deer Hill Avenue, Danbury, CT.

City of Norwalk

Maps are available for inspection at Norwalk City Hall, Planning and Zoning Department, 125 East Avenue, Room 223, Norwalk, CT.

City of Stamford

Maps are available for inspection at the City of Stamford Environmental Protection Board, 888 Washington Boulevard, 7th Floor, Stamford, CT.

Town of Darien

Maps are available for inspection at the Darien Town Hall, 2 Renshaw Road, Darien, CT.

Town of Fairfield

Maps are available for inspection at the Town of Fairfield Engineering Department, Sullivan Independence Hall, 725 Old Post Road, Fairfield, CT.

Town of Greenwich

Maps are available for inspection at the Greenwich Town Hall, Planning and Zoning Department, 101 Field Point Road, Greenwich, CT.

Town of New Canaan

Maps are available for inspection at the New Canaan Town Hall, Office of the Town Clerk, 77 Main Street, New Canaan, CT.

Town of Newtown

Maps are available for inspection at the Town of Newtown Land Use Agency, 31 Pecks Lane, Newtown, CT.

Town of Ridgefield

Maps are available for inspection at the Ridgefield Town Hall Annex, Planning and Zoning Department, 66 Prospect Street, Ridgefield, CT.

Town of Stratford

Maps are available for inspection at the Stratford Town Hall, Planning and Zoning Department, 2725 Main Street, Stratford, CT.

Town of Trumbull

Maps are available for inspection at the Trumbull Town Hall, Engineering Department, 5866 Main Street, Trumbull, CT.

Town of Weston

Maps are available for inspection at the Weston Town Hall, Office of the Town Clerk, 56 Norfield Road, Weston, CT.

Clinton County, Kentucky, and Incorporated Areas

Cumberland River

Approximately 2,300 feet downstream of the confluence with Tearcoat Creek

None

+568

Unincorporated Areas of Clinton County.

Approximately 2,300 feet upstream of the confluence with Millers Creek

None

+571

Dale Hollow Lake (Wolf River)

At the confluence with Wolf River

None

+663

Unincorporated Areas of Clinton County.

Approximately 1,800 feet upstream of the confluence with Spring Creek

None

+663

Lake Cumberland

Just upstream of Wolf Creek Dam

None

+760

Unincorporated Areas of Clinton County.

At confluence with Otter Creek

None

+760

* 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 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 Clinton County

Maps are available for inspection at 100 South Cross Street, Albany, KY 42602.

Russell County, Kentucky, and Incorporated Areas

Cumberland River

Approximately 3,700 feet downstream of the confluence with Lester Creek

None

+565

Unincorporated Areas of Russell County.

Just downstream of Wolf Creek Dam

None

+577

Lake Cumberland

Just upstream of Wolf Creek Dam

+750

+760

Unincorporated Areas of Russell County, City of Jamestown.

Just downstream of the confluence with Thomas Branch

+750

+760

* 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

ADDRESSES

City of Jamestown

Maps are available for inspection at 202 Monument Square, Jamestown, KY 42629.

Unincorporated Areas of Russell County

Maps are available for inspection at One Public Square, Jamestown, KY 42629.

Allen Parish, Louisiana, and Incorporated Areas

Beaver Creek

Approximately 7,218 feet downstream of 16th Street

None

+117

City of Oakdale.

Approximately 575 feet downstream of 16th Street

None

+119

Bunch Creek

Intersection of Martin Tram Road and Bunchy Creek

None

+37

Unincorporated Areas of Allen Parish.

Approximately 3,097 feet upstream of Route 190

None

+38

Calcasieu River

Approximately 341 feet upstream of unnamed creek

None

+106

City of Oakdale.

Intersection of unnamed creek and Union Pacific Railroad

None

+107

Gilley Gully

Approximately 1,539 feet downstream of Martin Tram Road

None

+35

Unincorporated Areas of Allen Parish.

Approximately 4,613 feet upstream of Martin Tram Road

None

+36

Whisky Chitto Creek

Approximately 10,369 feet upstream of confluence with Calcasieu River and Whisky Chitto Creek

None

+41

Unincorporated Areas of Allen Parish.

Approximately 6,544 feet upstream of confluence with Calcasieu River and Whisky Chitto Creek

None

+41

* 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

ADDRESSES

City of Oakdale

Maps are available for inspection at 333 East 6th Avenue, Oakdale, LA 71463.

Unincorporated Areas of Allen Parish

Maps are available for inspection at the Allen Parish Police Jury Office, 602 Court Street, Oberlin, LA 70655.

St. Landry Parish, Louisiana, and Incorporated Areas

Bayou Belleview

Approximately 330 feet downstream of George Street

None

+68

Unincorporated Areas of St. Landry Parish.

Approximately 125 feet upstream of Gulino Street

None

+70

Bayou Tesson

Approximately 450 feet upstream of Caddo Street

None

+68

Unincorporated Areas of St. Landry Parish, City of Opelousas.

Approximately 100 feet upstream of Park Street

None

+70

Flooding Effects of Unnamed Canal/Ditch

Approximately 350 feet East of Palm Street

None

+25

Town of Port Barre.

Approximately 1,800 feet West of State Highway 741 and 25 Feet North of Highway 190

None

+25

* 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

ADDRESSES

City of Opelousas

Maps are available for inspection at 318 North Court Street, Opelousas, LA 70570.

Town of Port Barre

Maps are available for inspection at P.O. BOX 219, 504 Saizan Avenue, Port Barre, LA 70577.

Unincorporated Areas of St. Landry Parish

Maps are available for inspection at P.O. Drawer 1550, 308 West Bloch Street, Opelousas, LA 70571.

St. Martin Parish, Louisiana, and Incorporated Areas

Bayou Peyronnet

2.27 miles upstream of the confluence with Bayou Berard

None

*13

Unincorporated Areas of St. Martin Parish.

2.08 miles upstream of the confluence with Bayou Berard

None

+13

Bayou Teche

1,900 feet upstream of Smede Highway

None

+15

Unincorporated Areas of St. Martin Parish.

2.08 miles upstream of Bridge Street

None

+21

WABPL Borrow Pit (Above Henderson)

1,000 feet downstream of Potato Shed Road

+14

+16

Unincorporated Areas of St. Martin Parish.

1.25 miles upstream of Potato Shed Road

+14

+17

WABPL Borrow Pit (Below Henderson)

2,500 feet upstream of the confluence with Berard Canal

+14

+12

Unincorporated Areas of St. Martin Parish.

4,500 feet upstream of the confluence with Berard Canal

+14

+12

* 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 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 St. Martin Parish

Maps are available for inspection at 303 West Port Street, St. Martinsville, LA 70582.

Terrebonne Parish, Louisiana, and Incorporated Areas

Bayou Sauveur

At the intersection of Bayou Sauveur and Savanne Road

None

+5

Unincorporated Areas of Terrebonne Parish.

At the intersection of Bayou Sauveur and Isle of Cuba Road

None

+10

* 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 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 Terrebonne Parish

Maps are available for inspection at P.O. Box 6097, 8026 Main Street/HWY 24, RM 40, Houma, LA 70361.

Madison County, Ohio, and Incorporated Areas

Little Darby Creek

30,610 feet upstream from confluence of Little Darby Creek and Darby Creek

None

+881

Village of West Jefferson.

38,850 feet upstream from confluence of Little Darby Creek and Darby Creek

None

+894

* 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

ADDRESSES

Village of West Jefferson

Maps are available for inspection at 28 East Main Street, West Jefferson, OH 43612.

Nelson County, Virginia, and Incorporated Areas

Davis Creek

Approximately 983 feet upstream from the confluence with Rockfish River

None

+538

Unincorporated Areas of Nelson County.

Approximately 150 feet downstream from Perry Lane

None

+862

East Branch Hat Creek

Approximately 215 feet upstream from the confluence with Hat Creek

None

+674

Unincorporated Areas of Nelson County.

At the intersection of Shaeffers Hollow Lane

None

+802

Hat Creek

Approximately 730 feet upstream from the confluence with Tye River

None

+648

Unincorporated Areas of Nelson County.

Approximately 610 feet downstream from East Branch Loop

None

+790

Muddy Creek

Approximately 544 feet upstream from the confluence with Davis Creek

None

+550

Unincorporated Areas of Nelson County.

Approximately 160 feet downstream from Anderson Lane

None

+689

Rockfish River

Approximately 400 feet downstream from the confluence with Ivy Creek

None

+399

Unincorporated Areas of Nelson County.

Approximately 2,200 feet downstream from Laurel Road

None

+458

Approximately 1,186 feet downstream from Rock Spring Road

None

+477

Approximately 477 feet downstream from the confluence with South Fork Rockfish River

None

+588

Tye River

At the intersection of Tye Brook Highway

None

+604

Unincorporated Areas of Nelson County.

Approximately 2,300 feet downstream from the confluence with Hat Creek

None

+641

Approximately 1,200 feet upstream from the confluence with Unnamed Tributary No. 6 to Tye River

None

+734

Approximately 1,941 feet downstream from Carter Hill Road

None

+821

Approximately 2,100 feet upstream from State Route 682

None

+892

Approximately at the confluence with North Fork Tye River

None

+1141

* 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 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 Nelson County

Maps are available for inspection at 80 Front Street, Lovingston, VA 22949.

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

Dated: May 8, 2009.

Deborah S. Ingram,

Acting Deputy Assistant Administrator for Mitigation, Mitigation Directorate, Department of Homeland Security, Federal Emergency Management Agency.

[FR Doc. E9-11514 Filed 5-15-09; 8:45 am]

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