[Federal Register Volume 76, Number 130 (Thursday, July 7, 2011)]
[Proposed Rules]
[Pages 39800-39804]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-17035]



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DEPARTMENT OF HOMELAND SECURITY



Federal Emergency Management Agency



44 CFR Part 67



[Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-B-1202]




Proposed Flood Elevation Determinations



AGENCY: Federal Emergency Management Agency, DHS.



ACTION: Proposed rule.



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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 proposed 

rule 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 October 5, 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-1202, 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



[[Page 39801]]



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.





Sec.  67.4  [Amended]



    2. The tables published under the authority of Sec.  67.4 are 

amended as follows:



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                                                                  * Elevation in feet

                                                                 (NGVD) + Elevation in

                                                                feet (NAVD)  

                                                                  Depth in feet above

         Flooding source(s)            Location of referenced       ground  [caret]        Communities affected

                                            elevation **          Elevation in meters

                                                                         (MSL)

                                                              --------------------------

                                                                Effective     Modified

----------------------------------------------------------------------------------------------------------------

                              Clear Creek County, Colorado, and Incorporated Areas

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Bear Creek..........................  Approximately 0.42 mile         None        +7409  Unincorporated Areas of

                                       downstream of Golden                               Clear Creek County.

                                       Willow Road.

                                      At the downstream side          None        +7549

                                       of the Corral Creek

                                       confluence.

Clear Creek.........................  At the upstream side of        +8450        +8452  Town of Georgetown,

                                       the Georgetown Lake                                Unincorporated Areas

                                       footbridge.                                        of Clear Creek County.

                                      Approximately 1,980             None        +8636

                                       feet upstream of 6th

                                       Street.

South Clear Creek...................  Approximately 80 feet          +8497        +8498  Town of Georgetown,

                                       upstream of Rose                                   Unincorporated Areas

                                       Street.                                            of Clear Creek County.

                                      Approximately 1,670             None        +8697

                                       feet upstream of Main

                                       Street.

South Clear Creek--Weir 1248          Approximately 100 feet          None        +8498  Town of Georgetown.

 Overflow.                             upstream of the South

                                       Clear Creek confluence.

                                      At the downstream side          None        +8517

                                       of the South Clear

                                       Creek divergence.

South Clear Creek--Weir 835 Overflow  Approximately 170 feet          None        +8487  Town of Georgetown.

                                       upstream of the Clear

                                       Creek confluence.

                                      At the downstream side          None        +8507

                                       of the South Clear

                                       Creek divergence.

Virginia Canyon.....................  At the upstream side of        +7522        +7521  City of Idaho Springs,

                                       Riverside Drive.                                   Unincorporated Areas

                                                                                          of Clear Creek County.

                                      Approximately 800 feet          None        +7655

                                       upstream of Virginia

                                       Street.

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* National Geodetic Vertical Datum.

+ North American Vertical Datum.

 Depth in feet above ground.

[caret] Mean Sea Level, rounded to the nearest 0.1 meter.



[[Page 39802]]



 

** 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 Idaho Springs

Maps are available for inspection at City Hall, 1711 Miner Street, Idaho Springs, CO 80452.

 

Town of Georgetown

Maps are available for inspection at the Town Hall, 404 6th Street, Georgetown, CO 80444.

 

                                   Unincorporated Areas of Clear Creek County

Maps are available for inspection at the Clear Creek County Courthouse, 405 Argentine Street, Georgetown, CO

 80444.

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                            Edgecombe County, North Carolina, and Incorporated Areas

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Bynum Mill Creek....................  At the Town Creek                +49          +48  Town of Macclesfield,

                                       confluence.                                        Town of Pinetops,

                                                                                          Unincorporated Areas

                                                                                          of Edgecombe County.

                                      At the downstream side           +84          +83

                                       of North Carolina

                                       Highway 124.

Bynum Mill Run......................  At the Bynum Mill Creek          +68          +66  Town of Macclesfield,

                                       confluence.                                        Unincorporated Areas

                                                                                          of Edgecombe County.

                                      Approximately 0.5 mile          None          +95

                                       upstream of South 4th

                                       Street Extension

                                       (State Route 1112).

Cokey Swamp.........................  At the Town Creek                +57          +54  Town of Sharpsburg,

                                       confluence.                                        Unincorporated Areas

                                                                                          of Edgecombe County.

                                      Approximately 70 feet           +119         +118

                                       downstream of the

                                       railroad.

Cokey Swamp Tributary...............  At the Cokey Swamp               +89          +88  Unincorporated Areas of

                                       confluence.                                        Edgecombe County.

                                      Approximately 450 feet          None         +106

                                       upstream of Floods

                                       Store Road (State

                                       Route 1146).

Deep Creek..........................  Approximately 1.0 mile           +49          +48  Town of Speed,

                                       downstream of Dickens                              Unincorporated Areas

                                       Road (State Route                                  of Edgecombe County.

                                       1505).

                                      At the Deep Creek                +57          +56

                                       Tributary confluence.

East Tarboro Canal..................  Approximately 1,500              +46          +45  Town of Tarboro,

                                       feet upstream of the                               Unincorporated Areas

                                       Tar River confluence.                              of Edgecombe County.

                                      Approximately 590 feet          None          +57

                                       upstream of the

                                       railroad.

Fishing Creek.......................  Approximately 500 feet           +50          +49  Town of Leggett,

                                       upstream of the Maple                              Unincorporated Areas

                                       Swamp confluence.                                  of Edgecombe County.

                                      Approximately 1,000              +96          +95

                                       feet downstream of the

                                       railroad.

Indian Branch.......................  Approximately 175 feet           +71          +70  Unincorporated Areas of

                                       downstream of Gay Road                             Edgecombe County.

                                       (State Route 1268).

Leggett Canal.......................  At the Swift Creek               +56          +58  Town of Leggett,

                                       confluence.                                        Unincorporated Areas

                                                                                          of Edgecombe County.

                                      Approximately 0.7 mile           +57          +58

                                       upstream of the Swift

                                       Creek confluence.

Little Cokey Swamp..................  At the Cokey Swamp               +82          +80  Unincorporated Areas of

                                       confluence.                                        Edgecombe County.

                                      Approximately 250 feet           +92          +93

                                       downstream of

                                       Greenpasture Road

                                       (State Route 1141).

Longs Branch........................  At the upstream side of          +55          +54  Town of Speed,

                                       the railroad.                                      Unincorporated Areas

                                                                                          of Edgecombe County.

                                      Approximately 0.9 mile          None          +63

                                       upstream of North

                                       Carolina Highway 122.

Maple Swamp.........................  At the Fishing Creek             +50          +49  Unincorporated Areas of

                                       confluence.                                        Edgecombe County.



[[Page 39803]]



 

                                      Approximately 0.6 mile           +60          +59

                                       downstream of

                                       Bethlehem Church Road

                                       (State Route 1431).

Moccasin Swamp......................  At the Swift Creek               +74          +73  Unincorporated Areas of

                                       confluence.                                        Edgecombe County.

                                      Approximately 1.0 mile           +75          +74

                                       upstream of the Swift

                                       Creek confluence.

Moore Swamp.........................  At the Maple Swamp               +58          +56  Unincorporated Areas of

                                       confluence.                                        Edgecombe County.

                                      Approximately 1.1 miles          +59          +58

                                       upstream of the Maple

                                       Swamp confluence.

Savage Mill Run.....................  Approximately 250 feet           +55          +56  Town of Speed,

                                       downstream of North                                Unincorporated Areas

                                       Carolina Highway 122.                              of Edgecombe County.

                                      Approximately 1.2 miles          +61          +62

                                       upstream of North

                                       Carolina Highway 122.

Swift Creek.........................  Approximately 300 feet           +52          +51  Town of Leggett,

                                       upstream of West                                   Unincorporated Areas

                                       Logsboro Road.                                     of Edgecombe County.

                                      Approximately 400 feet           +91          +90

                                       downstream of the

                                       railroad.

Town Creek..........................  Approximately 2.0 miles          +41          +40  Town of Pinetops,

                                       upstream of Colonial                               Unincorporated Areas

                                       Road (State Route                                  of Edgecombe County.

                                       1601).

                                      Approximately 140 feet           +59          +57

                                       upstream of North

                                       Carolina Highway 43.

White Oak Swamp.....................  Approximately 1,500              +61          +62  Town of Whitakers,

                                       feet downstream of                                 Unincorporated Areas

                                       White Oak Swamp Road                               of Edgecombe County.

                                       (State Route 1428).

                                      Approximately 630 feet    2         +124

                                       upstream of South

                                       Cutchin Street (State

                                       Route 1410).

----------------------------------------------------------------------------------------------------------------

* National Geodetic Vertical Datum.

+ North American Vertical Datum.

 Depth in feet above ground.

[caret] 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

Town of Leggett

Maps are available for inspection at the Leggett Town Hall, 63 Draughn Road, Tarboro, NC 27886.

 

Town of Macclesfield

Maps are available for inspection at the Edgecombe County Planning Department, 201 Saint Andrews Street, Room

 205, Tarboro, NC 27886.

 

Town of Pinetops

Maps are available for inspection at the Town Hall, 101 East Hamlet Street, Pinetops, NC 27864.

 

Town of Sharpsburg

Maps are available for inspection at the Town Hall, 110 Railroad Street, Sharpsburg, NC 27878.

 

Town of Speed

Maps are available for inspection at the Town Hall, 200 Railroad Street, Speed, NC 27881.

 

Town of Tarboro

Maps are available for inspection at the Town Hall, 500 Main Street, Tarboro, NC 27886.

 

Town of Whitakers

Maps are available for inspection at the Town Hall, 302 Northwest Railroad Street, Whitakers, NC 27891.

 

                                    Unincorporated Areas of Edgecombe County

Maps are available for inspection at the Edgecombe County Administration Building, 201 Saint Andrews Street,

 Tarboro, NC 27886.

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                                Benton County, Tennessee, and Incorporated Areas

----------------------------------------------------------------------------------------------------------------

Big Sandy River Drainage Canal......  Approximately 1.7 miles         None         +375  Unincorporated Areas of

                                       upstream of State                                  Benton County.

                                       Route 69A.

                                      Approximately 0.5 mile          None         +375

                                       upstream of U.S. Route

                                       641.



[[Page 39804]]



 

Burnside Creek......................  Approximately 150 feet          +375         +376  City of Camden,

                                       downstream of Eva Road.                            Unincorporated Areas

                                                                                          of Benton County.

                                      Approximately 0.4 mile          None         +441

                                       upstream of Flatwoods

                                       Road.

Cane Creek..........................  At the Cypress Creek            +375         +376  City of Camden,

                                       confluence.                                        Unincorporated Areas

                                                                                          of Benton County.

                                      Approximately 0.6 mile          None         +435

                                       upstream of Post Oak

                                       Road.

Charlie Creek.......................  At the Cane Creek               +378         +377  City of Camden,

                                       confluence.                                        Unincorporated Areas

                                                                                          of Benton County.

                                      Approximately 1,000             None         +448

                                       feet upstream of State

                                       Route 69A.

Cypress Creek.......................  At the Cane Creek               +375         +376  City of Camden,

                                       confluence.                                        Unincorporated Areas

                                                                                          of Benton County.

                                      Approximately 0.5 mile          None         +409

                                       upstream of Old State

                                       Route 69.

----------------------------------------------------------------------------------------------------------------

* National Geodetic Vertical Datum.

+ North American Vertical Datum.

 Depth in feet above ground.

[caret] 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 Camden

Maps are available for inspection at City Hall, 110 U.S. Route 641 South, Camden, TN 38320.

 

                                      Unincorporated Areas of Benton County

Maps are available for inspection at the Benton County Courthouse, 1 East Court Square, Room 104, Camden, TN

 38320.

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(Catalog of Federal Domestic Assistance No. 97.022, ``Flood 

Insurance.'')



    Dated: June 23, 2011.

Sandra K. Knight,

Deputy Federal Insurance and Mitigation Administrator, Mitigation, 

Department of Homeland Security, Federal Emergency Management Agency.

[FR Doc. 2011-17035 Filed 7-6-11; 8:45 am]

BILLING CODE 9110-12-P