[Federal Register Volume 76, Number 109 (Tuesday, June 7, 2011)] [Proposed Rules] [Pages 32896-32901] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2011-14021] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-B-1194] 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 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 September 6, 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-1194, 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) [email protected]. 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 (e-mail) [email protected]. 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 [[Page 32897]] 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 proposed to be amended as follows: ---------------------------------------------------------------------------------------------------------------- * 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 ---------------------------------------------------------------------------------------------------------------- Fremont County, Colorado, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Abbey Drainageway................... Approximately 0.48 mile None +5,274 City of Canon City, upstream of the Unincorporated Areas Arkansas River of Fremont County. confluence. Approximately 1,400 None +5,396 feet upstream of Central Avenue. Fourmile Creek...................... Approximately 1,280 None +5,257 City of Canon City, feet upstream of the Unincorporated Areas Arkansas River of Fremont County. confluence. Approximately 1.39 None +5,361 miles upstream of U.S. Route 50. Mudd Gulch.......................... Approximately 1,200 None +5,239 City of Canon City, feet upstream of the Unincorporated Areas Arkansas River of Fremont County. confluence. Approximately 0.64 mile None +5,514 upstream of Fourmile Parkway. Mudd Gulch Split Flow............... At the upstream side of None +5,235 Unincorpor- the railroad. ated Areas of Fremont County. Approximately 0.67 mile None +5,250 upstream of the Arkansas River confluence. ---------------------------------------------------------------------------------------------------------------- * 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 Canon City Maps are available for inspection at City Hall, 128 Main Street, Canon City, CO 81212. Unincorporated Areas of Fremont County Maps are available for inspection at the Fremont County Courthouse, 615 Macon Avenue, Canon City, CO 81212. Dallas County, Texas, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Bachman Branch...................... Approximately 0.31 mile +505 +501 City of Dallas. upstream of the Browning Branch confluence. At the upstream side of +590 +593 Willow Lane. Bear Creek.......................... At the upstream side of +447 +446 City of Grand Prairie, Belt Line Road. City of Irving. Approximately 0.25 mile +481 +479 upstream of County Line Road. Beckley Club Branch................. Approximately 700 feet +472 +469 City of Dallas. upstream of Elmore Avenue. Approximately 275 feet +554 +557 downstream of Appian Way. Bennett Branch...................... Approximately 650 feet +434 +433 City of Mesquite. downstream of Beltline Road. Approximately 0.28 mile +472 +470 upstream of Plaza Drive. Bentle Branch Creek................. Approximately 500 feet +632 +631 City of Cedar Hill. upstream of the Tenmile Creek confluence. [[Page 32898]] Approximately 190 feet +752 +754 upstream of County Highway 1382. Browning Branch..................... Approximately 750 feet +512 +508 City of Dallas. downstream of Lake Hill Drive. Approximately 150 feet +548 +547 upstream of Hollow Way Road. Cedar Creek......................... At the upstream side of +446 +447 City of Dallas. Ewing Avenue. At the upstream side of +542 +540 Montclair Avenue. Chalk Hill Branch................... At the upstream side of +517 +518 City of Cockrell Hill, Davis Street. City of Dallas. At the upstream side of None +615 Clarendon Drive. Coombs Creek........................ At the upstream side of +520 +527 City of Dallas. Davis Road. Approximately 650 feet +597 +601 upstream of Clarendon Drive. Cottonwood Creek (of Lake Ray Approximately 0.32 mile +445 +447 City of Dallas, City of Hubbard). downstream of Garland, City of Stonewall Road. Rowlett, Unincorporated Areas of Dallas County. Approximately 400 feet +485 +486 upstream of Highridge Drive. Cottonwood Creek (of White Rock Approximately 1,200 +503 +505 City of Dallas, City of Creek). feet upstream of the Richardson. White Rock Creek confluence. Approximately 0.40 mile +667 +666 upstream of Campbell Road. Elmwood Branch...................... Approximately 800 feet +500 +501 City of Dallas. upstream of Clarendon Drive. At the upstream side of +595 +593 Wright Street. Estes Branch........................ Approximately 350 feet +475 +476 City of Dallas. downstream of Saint Augustine Drive. At the downstream side +475 +478 of Saint Augustine Drive. Floyd Branch (of White Rock Creek).. Approximately 1,300 +511 +510 City of Dallas, City of feet upstream of the Richardson. Cottonwood Creek confluence. At the downstream side +622 +620 of Polk Street. Furneaux Creek...................... At the upstream side of +453 +450 City of Carrollton. President George Bush Turnpike. Approximately 0.41 mile +459 +460 upstream of Dickerson Parkway. Hatfield Branch..................... At the upstream side of +404 +402 City of Dallas. Prairie Creek Road. Approximately 0.7 mile +477 +478 upstream of North Masters Drive. Hickory Creek....................... At the downstream side +404 +401 City of Dallas. of Kelberg Road. Approximately 700 feet +429 +430 upstream of C.F. Hawn Freeway. Hollings Branch..................... Approximately 0.50 mile None +538 City of Cedar Hill, upstream of the North City of Grand Prairie. Hollings Branch confluence. Approximately 0.3 mile None +638 upstream of Ellis Road. Hunt Branch......................... Approximately 900 feet +557 +559 City of Dallas, City of upstream of the Richardson. Cottonwood Creek (of White Rock Creek) confluence. At the downstream side +616 +613 of Belt Line Road. Hutton Branch....................... At the upstream side of +442 +443 City of Carrollton. Belt Line Road. Approximately 135 feet None +605 upstream of Midway Road. Lake June Branch.................... Approximately 650 feet +461 +463 City of Dallas. upstream of the Prairie Creek confluence. At the downstream side +489 +491 of Oak Gate Lane. Long Branch (of Duck Creek) Bypass.. At the upstream side of +498 +490 City of Mesquite. the Long Branch (of Duck Creek) confluence. Approximately 460 feet +500 +493 upstream of the Long Branch (of Duck Creek) confluence. Long Branch (of Duck Creek)......... Approximately 0.38 mile +466 +468 City of Dallas, City of downstream of Mesquite. Northwest Drive. Approximately 200 feet +555 +553 downstream of I-635. Meadowdale Branch................... Approximately 950 feet None +468 City of Garland. downstream of Rowlett Road. Approximately 150 feet None +468 downstream of Rowlett Road. North Mesquite Creek................ Approximately 0.61 mile +381 +379 City of Mesquite, Town downstream of Lawson of Sunnyvale, Road. Unincorporated Areas of Dallas County. Approximately 205 feet +507 +505 downstream of Via Del Norte Road. North Mesquite Creek Spill.......... At the upstream side of None +481 City of Mesquite. the North Mesquite Creek confluence. At the downstream side None +488 of Tripp Road. [[Page 32899]] Pleasant Branch..................... Approximately 1,000 +467 +466 City of Dallas. feet upstream of the Prairie Creek confluence. At the downstream side +497 +498 of Bruton Road. Prairie Creek....................... At the downstream side +398 +397 City of Dallas. of I-20. At the downstream side +523 +524 of Union Pacific Railroad. Pruitt Branch....................... Approximately 1,450 +412 +414 City of Dallas. feet upstream of the Prairie Creek confluence. At the downstream side +434 +435 of C.F. Hawn Freeway. Richardson Branch................... Approximately 0.3 mile +506 +507 City of Dallas. downstream of Green Oaks Circle. At the downstream side +586 +588 of Forest Lane. Rugged Branch....................... At the downstream side +550 +549 City of Dallas. of Elmwood Boulevard. Approximately 60 feet +564 +565 upstream of Berkley Avenue. Rylie Branch........................ Approximately 0.38 mile +407 +409 City of Dallas. upstream of the Hatfield Branch confluence. Approximately 550 feet None +456 downstream of Grady Lane. South Branch of Cedar Creek......... Approximately 100 feet +477 +474 City of Dallas. downstream of I-35 East. At the upstream side of +525 +528 Ohio Avenue. South Branch of Cedar Creek At the upstream side of +500 +496 City of Dallas. Tributary 1. the South Branch of Cedar Creek confluence. At the downstream side +507 +506 of Louisiana Avenue. South Mesquite Creek................ Approximately 0.61 mile +385 +383 City of Balch Springs, downstream of Lawson City of Mesquite. Road. Approximately 420 feet +548 +545 upstream of Tam O'Shanter Drive. Stream 2A4.......................... Approximately 850 feet +454 +453 City of Dallas, City of upstream of Dalrock Rowlett. Road. Approximately 660 feet +480 +477 upstream of Oak Hollow Drive. Stream 2A5.......................... Approximately 100 feet +459 +461 City of Dallas, City of downstream of Rowlett. Spinnaker Cove. At the upstream side of +468 +467 Dalrock Road. Stream 2B1.......................... At the downstream side +428 +429 City of Balch Springs, of Belt Line Road. City of Mesquite. Approximately 500 feet +458 +460 downstream of Eastgate Drive. Stream 2B2.......................... At the upstream side of +448 +443 City of Balch Springs, the Stream 2B3 City of Mesquite. confluence. Approximately 0.25 mile +452 +453 upstream of I-635. Stream 2B3.......................... Approximately 425 feet +448 +446 City of Mesquite. upstream of the Stream 2B2 confluence. Approximately 500 feet +450 +449 upstream of the Stream 2B2 confluence. Stream 2B4.......................... Approximately 0.26 mile +445 +449 City of Mesquite. downstream of State Highway 352. Approximately 100 feet +475 +476 upstream of Kearney Street. Stream 2B5.......................... Approximately 500 feet +451 +452 City of Mesquite. upstream of I-635. Approximately 0.22 mile +485 +482 downstream of Town East Boulevard. Stream 2B6.......................... Approximately 400 feet +472 +473 City of Mesquite. upstream of the South Mesquite Creek confluence. At the downstream side +501 +502 of Baker Drive. Stream 2B7.......................... Approximately 1,000 +494 +491 City of Mesquite. feet downstream of Tedlow Trail. Approximately 900 feet +523 +521 upstream of I-30. Stream 2B8.......................... Approximately 700 feet +465 +464 City of Mesquite. upstream of the South Mesquite Creek confluence. Approximately 200 feet +495 +493 downstream of U.S. Route 80. Stream 2E1.......................... At the upstream side of +475 +477 City of Rowlett. Kyle Road. Approximately 0.39 mile None +486 upstream of the Long Branch (of Lake Ray Hubbard) confluence. Stream 2E10......................... At the upstream side of +444 +449 City of Rowlett. Chiesa Road. Approximately 0.68 mile None +470 upstream of Chiesa Road. Stream 2E2.......................... Approximately 0.49 mile +438 +439 City of Rowlett. downstream of Liberty Grove Road. Approximately 1.09 +488 +491 miles upstream of Liberty Grove Road. Stream 2E2 Tributary 1.............. At the upstream side of None +466 City of Rowlett. the Stream 2E2 confluence. At the downstream side None +475 of Big Cemetery Road. [[Page 32900]] Stream 2E8.......................... Approximately 0.32 mile +473 +471 City of Garland, City upstream of the Muddy of Rowlett, City of Creek confluence. Sachse. Approximately 200 feet +498 +499 upstream of Merritt Road. Stream 2J2.......................... At the upstream side of +493 +494 City of Mesquite. Brookhaven Drive. Approximately 600 feet +506 +503 downstream of American Lane. Stream 4C3.......................... Approximately 600 feet +402 +400 City of Dallas, City of downstream of Kleberg Seagoville, Road. Unincorporated Areas of Dallas County. At the upstream side of None +455 Belt Line Road. Stream 5B11......................... Approximately 400 feet +593 +596 City of Richardson. upstream of the Floyd Branch confluence. Approximately 350 feet +634 +632 downstream of Polk Street. Stream 5B12......................... Approximately 800 feet +584 +585 City of Dallas, City of upstream of the Richardson. Cottonwood Creek confluence. At the downstream side +662 +660 of Cullum Street. Stream 6A1.......................... At the upstream side of +484 +474 Town of Highland Park. Turtle Creek Boulevard. Approximately 525 feet +527 +526 upstream of Beverly Drive. Stream 6D1.......................... At the upstream side of +498 +497 City of Carrollton. East Jackson Road. Approximately 800 feet None +502 upstream of East Jackson Road. Stream 6D3.......................... Approximately 900 feet +479 +478 City of Carrollton. upstream of the Hutton Branch confluence. Approximately 450 feet +556 +554 upstream of Old Trinity Mills Road. Stream 6D4.......................... At the upstream side of +500 +502 City of Carrollton. East Jackson Road. At the upstream side of +516 +521 Scott Mill Road. Stream 6D5.......................... Approximately 100 feet +494 +493 City of Carrollton. upstream of the Hutton Branch confluence. Approximately 500 feet +530 +523 upstream of Waterford Way. Stream 6D7.......................... Approximately 300 feet None +510 City of Carrollton. upstream of Carmel Drive. Approximately 250 feet None +525 upstream of Briardale Drive. Stream 6D8.......................... Approximately 370 feet +562 +564 City of Carrollton. upstream of the Hutton Branch confluence. At the upstream side of None +613 Tarpley Road. Stream JC-1......................... Approximately 0.22 mile +450 +449 City of Grand Prairie. upstream of the Johnson Creek confluence. At the upstream side of +499 +502 West Tarrant Road. Turtle Creek........................ At the downstream side +445 +448 City of Dallas, Town of of Blackburn Street. Highland Park. At the downstream side +474 +473 of Wycliff Avenue. West Fork of South Mesquite Creek... At the upstream side of +460 +461 City of Mesquite. Peachtree Road. Approximately 700 feet +500 +498 downstream of Anthony Drive. White Rock Creek.................... At the upstream side of +407 +408 City of Dallas, Town of the Peaks Branch Addison. confluence. Approximately 0.4 mile +583 +588 upstream of the Hall Branch confluence. ---------------------------------------------------------------------------------------------------------------- * 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 Balch Springs Maps are available for inspection at the Public Works Department, 3117 Hickory Tree Road, Balch Springs, TX 75180. City of Carrollton Maps are available for inspection at the Engineering Department, 1945 East Jackson Road, Carrollton, TX 75006. City of Cedar Hill Maps are available for inspection at City Hall, 502 Cedar Street, Cedar Hill, TX 75104. City of Cockrell Hill [[Page 32901]] Maps are available for inspection at City Hall, Department of Public Works, 4125 West Clarendon Drive, Cockrell Hill, TX 75211. City of Dallas Maps are available for inspection at the Department of Public Works, 320 East Jefferson Boulevard, Dallas, TX 75203. City of Garland Maps are available for inspection at City Hall, 800 Main Street, Garland, TX 75040. City of Grand Prairie Maps are available for inspection at the City Development Center, 206 West Church Street, Grand Prairie, TX 75051. City of Irving Maps are available for inspection at the Public Works Department, 825 West Irving Boulevard, Irving, TX 75015 City of Mesquite Maps are available for inspection at the Engineering Division, 1515 North Galloway Avenue, Mesquite, TX 75185. City of Richardson Maps are available for inspection at the Engineering Office, 411 West Arapaho Road, Room 204, Richardson, TX 75083. City of Rowlett Maps are available for inspection at City Hall, 4000 Main Street, Rowlett, TX 75083. City of Sachse Maps are available for inspection at the Community Development Department, 5560 State Highway 78, Sachse, TX 75048. City of Seagoville Maps are available for inspection at City Hall, 702 North U.S. Route 175, Seagoville, TX 75182. Town of Addison Maps are available for inspection at the Public Works Department, 16801 Westgrove Drive, Addison, TX 75001. Town of Highland Park Maps are available for inspection at the Public Works Department, 4700 Drexel Drive, Highland Park, TX 75205. Town of Sunnyvale Maps are available for inspection at the Town Hall, 537 Long Creek Road, Sunnyvale, TX 75182. Unincorporated Areas of Dallas County Maps are available for inspection at the Dallas County Records Building, 509 Main Street, Dallas, TX 75202. ---------------------------------------------------------------------------------------------------------------- (Catalog of Federal Domestic Assistance No. 97.022, ``Flood Insurance.'') Dated: May 11, 2011. Sandra K. Knight, Deputy Federal Insurance and Mitigation Administrator, Mitigation, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. 2011-14021 Filed 6-6-11; 8:45 am] BILLING CODE 9110-12-P