
[Federal Register: August 18, 2010 (Volume 75, Number 159)]
[Proposed Rules]               
[Page 50955-50958]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18au10-40]                         

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-B-1066]

 
Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Proposed rule; correction.

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SUMMARY: On September 8, 2009, FEMA published in the Federal Register a 
proposed rule that contained an erroneous table. This notice provides 
corrections to that table, to be used in lieu of the information 
published at 74 FR 46047. The table provided here represents the 
flooding sources, location of referenced elevations, effective and 
modified elevations, and communities affected for York County, Maine 
(All Jurisdictions). Specifically, it addresses the following flooding 
sources: Atlantic Ocean, Bonny Eagle Pond, Cape Porpoise Harbor, 
Cleaves Cove, Coffin Brook, Coffin Brook Tributary 1, Driscoll Brook, 
Ferguson Brook, Goosefare Brook, Great East Lake, Jones Brook 
(backwater effects from Scarborough River), Keay Brook, Kennebunk 
River, Little Ossipee River, Little River, Little River (backwater 
effects from Scarborough River), Mill Brook (backwater effects from 
Scarborough River), Mousam River, Mulloy Brook, Piscataqua River, 
Portsmouth Harbor, Province Lake, Saco River, Salmon Falls River, 
Sampson Cove, Spruce Creek, Stump Pond, The Pool, Worster Brook, and 
Worster Brook Tributary 3.

DATES: Comments are to be submitted on or before November 16, 2010.

ADDRESSES: You may submit comments, identified by Docket No. FEMA-B-
1066, to Roy E. Wright, Deputy Director, Risk Analysis Division, 
Federal Insurance and Mitigation Administration, Federal Emergency 
Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-
3461 or (e-mail) roy.e.wright@dhs.gov.

FOR FURTHER INFORMATION CONTACT: Roy E. Wright, Deputy Director, Risk 
Analysis Division, Federal Insurance and Mitigation Administration, 
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 
20472, (202) 646-3461 or (e-mail) roy.e.wright@dhs.gov.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency 
(FEMA) publishes proposed determinations of Base (1% annual-chance) 
Flood Elevations (BFEs) and modified BFEs for communities participating 
in the National Flood Insurance Program (NFIP), 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 minimum requirements. 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.

Corrections

    In the proposed rule published at 74 FR 46047 in the September 8, 
2009, issue of the Federal Register, FEMA published a table under the 
authority of 44 CFR 67.4. The table entitled ``York County, Maine (All 
Jurisdictions)'' addressed the following flooding sources: Atlantic 
Ocean, Cape Porpoise Harbor, Cleaves Cove, Coffin Brook, Coffin Brook 
Tributary 1, Driscoll Brook, Ferguson Brook, Goosefare Brook, Keay 
Brook, Kennebunk River, Little River, Mulloy Brook, Piscataqua River 
(Town of Kittery), Portsmouth Harbor, Saco River, Sampson Cove, Spruce 
Creek, The Pool, Worster Brook, and Worster Brook Tributary 3. That 
table contained inaccurate information as to the location of referenced 
elevations, effective and modified elevations in feet, or communities 
affected for the flooding sources ``Little River'' and ``Piscataqua 
River.'' In addition, it did not include the following flooding 
sources: Bonny Eagle Pond, Great East Lake, Jones Brook (backwater 
effects from Scarborough River), Little Ossipee River, Little River 
(backwater effects from Scarborough River), Mill Brook (backwater 
effects from Scarborough River), Mousam River, Piscataqua River (Town 
of Eliot), Province Lake, Salmon Falls River, and Stump Pond. In this 
notice, FEMA is publishing a table containing the accurate information, 
to address these prior errors. The information provided below should be 
used in lieu of that previously published.

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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
----------------------------------------------------------------------------------------------------------------
                                     York County, Maine (All Jurisdictions)
----------------------------------------------------------------------------------------------------------------
Atlantic Ocean......................  Along the shoreline, at          +11          +12  City of Biddeford, Town
                                       the intersection of                                of Kennebunk, Town of
                                       Great Hill Road and                                Kennebunkport, Town of
                                       Sand Dollar Lane.                                  Kittery, Town of
                                                                                          Ogunquit, Town of Old
                                                                                          Orchard Beach, Town of
                                                                                          Wells, Town of York.

[[Page 50956]]


                                      Along the shoreline,             +14          +33
                                       approximately 230 feet
                                       east of the
                                       intersection of Ocean
                                       View Lane and Ontio
                                       Way.
Bonny Eagle Pond....................  Entire shoreline within         None         +268  Town of Buxton.
                                       the Town of Buxton.
Cape Porpoise Harbor................  Along the shoreline, at           +8           +9  Town of Kennebunkport.
                                       the intersection of
                                       Paddy Creek Road and
                                       Paddy Creek Hill Road.
                                      Along the shoreline,             +13          +17
                                       approximately 330 feet
                                       east of the terminus
                                       of Harbor Drive.
Cleaves Cove........................  Along the shoreline,            None          +13  Town of Kennebunkport.
                                       approximately 400 feet
                                       from the intersection
                                       of Turbats Creek Road
                                       and Field Point Road.
                                      Along the shoreline, at          +13          +22
                                       the terminus of
                                       Halcyon Drive.
Coffin Brook........................  Just upstream of the            None         +133  Town of Berwick.
                                       confluence with
                                       Worster Brook.
                                      Approximately 1.63 mile         None         +254
                                       upstream of the
                                       confluence with
                                       Worster Brook.
Coffin Brook Tributary 1............  Just upstream of the            None         +141  Town of Berwick.
                                       confluence with Coffin
                                       Brook.
                                      Just downstream of              None         +320
                                       Cemetery Road.
Driscoll Brook......................  Approximately 465 feet          None          +85  Town of Berwick, Town
                                       east of the                                        of South Berwick.
                                       intersection of State
                                       Route 236 and railroad.
                                      Just downstream of              None         +159
                                       Blackberry Hill Road.
Ferguson Brook......................  Just upstream of the            None         +117  Town of Berwick.
                                       confluence with
                                       Worster Brook.
                                      Just downstream of              None         +326
                                       Cemetery Road.
Goosefare Brook.....................  Along the shoreline, at           +8           +9  Town of Old Orchard
                                       the intersection of                                Beach.
                                       Royal Street and
                                       Massachusetts Avenue.
                                      Along the shoreline, at         None          +15
                                       the intersection of
                                       New Salt Road and
                                       Grand Avenue.
Great East Lake.....................  Entire shoreline within         None         +575  Town of Acton.
                                       the Town of Acton.
Jones Brook (backwater effects from   From the Cumberland               +7           +9  Town of Old Orchard
 Scarborough River).                   County boundary to                                 Beach.
                                       approximately 0.7 mile
                                       upstream of the
                                       Cumberland County
                                       boundary.
Keay Brook..........................  Just upstream of the            None         +186  Town of Berwick.
                                       confluence with the
                                       Salmon Falls River..
                                      Approximately 890 feet          None         +250
                                       south of the terminus
                                       of Richardson Drive.
Kennebunk River.....................  Approximately 340 feet          None           +9  Town of Arundel.
                                       south of the terminus
                                       of Old Boston Road.
Little Ossipee River................  Approximately 0.6 mile          None         +287  Town of Hollis.
                                       upstream of Sand Pond
                                       Road.
                                      Approximately 0.9 mile          None         +287
                                       upstream of Sand Pond
                                       Road.
Little River........................  Just upstream of the            None         +183  Town of Berwick, Town
                                       confluence with the                                of North Berwick.
                                       Salmon Falls River.
                                      Just upstream of the            None         +249
                                       intersection of Little
                                       River Road and Dark
                                       Hollow Lane.
Little River (backwater effects from  From the confluence               +7           +9  Town of Old Orchard
 Scarborough River).                   with Mill Brook to                                 Beach.
                                       approximately 1.4 mile
                                       upstream of the
                                       confluence with Mill
                                       Brook.
Mill Brook (backwater effects from    From the confluence               +7           +9  Town of Old Orchard
 Scarborough River).                   with Jones Brook to                                Beach.
                                       approximately 0.8 mile
                                       upstream of the
                                       confluence with Jones
                                       Brook.
Mousam River........................  Approximately 1,900             None           +9  Town of Kennebunk.
                                       feet downstream of
                                       Main Street (U.S.
                                       Route 1).
                                      Approximately 1,000             None          +89
                                       feet upstream of Mill
                                       Street.
Mulloy Brook........................  Just upstream of the            None         +142  Town of Berwick.
                                       confluence with
                                       Worster Brook.
                                      Approximately 1.1 mile          None         +304
                                       upstream of the
                                       confluence with
                                       Worster Brook.
Piscataqua River....................  Along the shoreline,              +8           +9  Town of Kittery.
                                       approximately 270 feet
                                       south of the
                                       intersection of
                                       Langston Street and
                                       Prince Avenue.
                                      Along the shoreline,              +8          +14
                                       approximately 560 feet
                                       west of the
                                       intersection of
                                       Langston Street and
                                       Prince Avenue.
Piscataqua River....................  Just upstream of I-95,            +8           +9  Town of Eliot.
                                       at the confluence with
                                       Spinney Creek.
                                      Approximately 100 feet            +8           +9
                                       downstream of Leach
                                       Road.
Portsmouth Harbor...................  Along the shoreline,              +8           +9  Town of Kittery.
                                       approximately 165 feet
                                       east of the
                                       intersection of Haley
                                       Road and Pepperrell
                                       Road.
                                      Along the shoreline,             +14          +22
                                       approximately 390 feet
                                       east of the
                                       intersection of
                                       Bellamy Lane and
                                       Pepperrell Road.
Province Lake.......................  Entire shoreline within         None         +481  Town of Parsonsfield.
                                       the Town of
                                       Parsonsfield.

[[Page 50957]]


Saco River..........................  Along the shoreline, at           +8           +9  City of Biddeford.
                                       the terminus of
                                       Crestwood Drive.
                                      Along the shoreline, at          +13          +16
                                       the terminus of
                                       Reserved Lane.
Salmon Falls River..................  Approximately 2.7 miles         None         +420  Town of Acton.
                                       upstream of New Bridge
                                       Road, at the corporate
                                       limits.
                                      Just downstream of              None         +511
                                       State Route 109.
Sampson Cove........................  Along the shoreline,              +8          +14  Town of Kennebunkport.
                                       approximately 1,200
                                       feet east of the
                                       intersection of
                                       Marshall Point Road
                                       and Mills Road.
                                      Along the shoreline,             +15          +17
                                       approximately 720 feet
                                       east of the
                                       intersection of
                                       Fishers Lane and
                                       Agamenticus Avenue.
Spruce Creek........................  Along the shoreline,              +8           +9  Town of Kittery.
                                       approximately 920 feet
                                       north of the
                                       intersection of
                                       Whipple Road and
                                       Newson Avenue.
                                      Along the shoreline,              +8          +13
                                       approximately 920 feet
                                       north of the
                                       intersection of
                                       Whipple Road and
                                       Newson Avenue.
Stump Pond..........................  Entire shoreline within         None         +559  Town of Newfield.
                                       the Town of Newfield..
The Pool............................  Along the shoreline,            None           +9  City of Biddeford.
                                       approximately 560 feet
                                       from the intersection
                                       of Days Landing and
                                       Dory Lane.
                                      Along the shoreline,              +8          +11
                                       approximately 490 feet
                                       from the intersection
                                       of Winter Harbor Lane
                                       and Bridge Road.
Worster Brook.......................  Just upstream of the            None          +76  Town of Berwick.
                                       confluence with the
                                       Salmon Falls River.
                                      Approximately 5.8 miles         None         +228
                                       upstream of the
                                       confluence with the
                                       Salmon Falls River.
Worster Brook Tributary 3...........  Just upstream of the            None         +194  Town of Berwick.
                                       confluence with
                                       Worster Brook.
                                      Just downstream of              None         +310
                                       Thompson Hill Road.
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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.
** 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 Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

City of Biddeford
Maps are available for inspection at City Hall, 205 Main Street, Biddeford, ME 04005.

Town of Acton
Maps are available for inspection at 35 H Road, Acton, ME 04001.

Town of Arundel
Maps are available for inspection at the Town Hall, 468 Limerick Road, Arundel, ME 04046.

Town of Berwick
Maps are available for inspection at the Town Hall, 11 Sullivan Square, Berwick, ME 03901.

Town of Buxton
Maps are available for inspection at the Town Hall, 185 Portland Road, Buxton, ME 04093.

Town of Eliot
Maps are available for inspection at the Town Hall, 1333 State Road, Eliot, ME 03903.

Town of Hollis
Maps are available for inspection at the Town Hall, 34 Town Farm Road, Hollis, ME 04042.

Town of Kennebunk
Maps are available for inspection at the Town Hall, 1 Summer Street, Kennebunk, ME 04043.

Town of Kennebunkport
Maps are available for inspection at the Town Hall, 6 Elm Street, Kennebunkport, ME 04046.

Town of Kittery
Maps are available for inspection at the Town Hall, 200 Rogers Road, Kittery, ME 03904.

Town of Newfield
Maps are available for inspection at 637 Water Street, West Newfield, ME 04095.

Town of North Berwick

[[Page 50958]]


Maps are available for inspection at the Town Hall, 21 Main Street, North Berwick, ME 03906.

Town of Ogunquit
Maps are available for inspection at the Town Hall, 23 School Street, Ogunquit, ME 03907.

Town of Old Orchard Beach
Maps are available for inspection at the Town Hall, 1 Portland Avenue, Old Orchard Beach, ME 04064.

Town of Parsonsfield
Maps are available for inspection at the Town Hall, 62 Federal Road, Parsonsfield, ME 04047.

Town of South Berwick
Maps are available for inspection at the Town Hall, 180 Main Street, South Berwick, ME 03908.

Town of Wells
Maps are available for inspection at the Town Hall, 208 Sanford Road, Wells, ME 04090.

Town of York
Maps are available for inspection at the Town Hall, 186 York Street, York, ME 03909.
----------------------------------------------------------------------------------------------------------------

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

    Dated: August 10, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation, 
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2010-20410 Filed 8-17-10; 8:45 am]
BILLING CODE 9110-12-P

