
[Federal Register Volume 76, Number 66 (Wednesday, April 6, 2011)]
[Proposed Rules]
[Pages 19018-19022]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-8116]


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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-1179]


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 July 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-1179, 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 
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 
proposed to be 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
----------------------------------------------------------------------------------------------------------------
                                Larimer County, Colorado, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Boxelder Creek Overflow Downstream..  Approximately 914 feet         +4935        +4933  Unincorporated Areas of
                                       downstream of Highway                              Larimer County.
                                       14.
----------------------------------------------------------------------------------------------------------------

[[Page 19019]]

 
                                      Approximately 0.6 mile         +4949        +4947
                                       upstream of Highway 14.
Boxelder Creek Overflow West........  Approximately 235 feet         +4927        +4928  Unincorporated Areas of
                                       downstream of I-25                                 Larimer County.
                                       Frontage Road.
                                      Approximately 185 feet          None        +4933
                                       downstream of Mulberry
                                       Street.
Business Park Denrose...............  Approximately 135 feet         +4933        +4932  Unincorporated Areas of
                                       upstream of Denrose                                Larimer County.
                                       Court.
                                      Approximately 360 feet         +4933        +4934
                                       upstream of Denrose
                                       Court.
Business Park Middle................  Approximately 550 feet         +4929        +4930  Unincorporated Areas of
                                       downstream of Denrose                              Larimer County.
                                       Court.
                                      Approximately 75 feet          +4933        +4931
                                       downstream of Denrose
                                       Court.
Business Park South.................  Approximately 140 feet         +4933        +4931  Unincorporated Areas of
                                       downstream of Denrose                              Larimer County.
                                       Court.
                                      At the downstream side         +4933        +4934
                                       of Denrose Court.
Business Park West..................  Approximately 260 feet         +4929        +4930  Unincorporated Areas of
                                       downstream of Denrose                              Larimer County.
                                       Court.
                                      At the upstream side of        +4933        +4932
                                       Denrose Court.
Cache La Poudre L Path..............  Approximately 350 feet         +4890        +4886  City of Fort Collins,
                                       downstream of Prospect                             Unincorporated Areas
                                       Road.                                              of Larimer County.
                                      Approximately 440 feet         +4912        +4910
                                       downstream of
                                       Timberline Road.
Cache La Poudre Lowflow Channel.....  Approximately 450 feet         +4881        +4882  City of Fort Collins.
                                       downstream of County
                                       Road 9.
                                      Approximately 300 feet         +4882        +4883
                                       downstream of County
                                       Road 9.
Cache La Poudre River...............  Approximately 800 feet         +4882        +4883  City of Fort Collins.
                                       downstream of County
                                       Road 9.
                                      Approximately 680 feet         +4897        +4898
                                       downstream of Prospect
                                       Road.
Shields Street Divided Flow Path--    From the Spring Creek          +5001        +5000  City of Fort Collins.
 Windtrail Swale (backwater effects    confluence to
 from Spring Creek).                   approximately 600 feet
                                       upstream of the Spring
                                       Creek confluence.
Shields Street Overflow.............  Approximately 190 feet         +5019        +5020  City of Fort Collins.
                                       downstream of Hill
                                       Pond Road.
                                      Approximately 360 feet         +5025        +5024
                                       upstream of Hill Pond
                                       Road.
Spring Canyon Park Diversion........  At the upstream side of        +5114        +5122  City of Fort Collins.
                                       Spring Canyon Park
                                       Weir.
                                      Approximately 1,450            +5124        +5125
                                       feet upstream of
                                       Spring Canyon Park
                                       Weir.
Spring Creek........................  Approximately 970 feet         +4906        +4904  City of Fort Collins,
                                       downstream of Prospect                             Unincorporated Areas
                                       Road.                                              of Larimer County.
                                      Approximately 0.7 mile         +5168        +5167
                                       upstream of Spring
                                       Canyon Park Pedestrian
                                       Trail.
----------------------------------------------------------------------------------------------------------------
* 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 Fort Collins
 
Maps are available for inspection at the Stormwater Utilities Department, 700 Wood Street, Fort Collins, CO
 80521.
 
                                     Unincorporated Areas of Larimer County
 
Maps are available for inspection at 200 West Oak Street, Fort Collins, CO 80521.
----------------------------------------------------------------------------------------------------------------
                                 Washtenaw County, Michigan (All Jurisdictions)
----------------------------------------------------------------------------------------------------------------
Huron River.........................  Approximately 620 feet          None         +718  Township of Superior.
                                       downstream of the
                                       railroad.

[[Page 19020]]

 
                                      Approximately 630 feet          None         +719
                                       upstream of Superior
                                       Road.
----------------------------------------------------------------------------------------------------------------
* 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
 
Township of Superior
 
Maps are available for inspection at 3040 North Prospect Road, Ypsilanti, MI 49198.
----------------------------------------------------------------------------------------------------------------
                                 Bennington County, Vermont (All Jurisdictions)
----------------------------------------------------------------------------------------------------------------
Batten Kill.........................  Approximately 0.65 mile         +522         +524  Town of Arlington, Town
                                       downstream of River                                of Manchester, Town of
                                       Road.                                              Sunderland, Village of
                                                                                          Manchester.
                                      Approximately 100 feet          +682         +683
                                       upstream of Union
                                       Street.
Furnace Brook.......................  Approximately 100 feet          +577         +578  Town of Bennington.
                                       downstream of Percy
                                       Road.
                                      Approximately 135 feet          +650         +648
                                       upstream of Park
                                       Street.
Hoosic River........................  At the Rensselaer               +500         +498  Town of Pownal.
                                       County, New York,
                                       boundary.
                                      At the Berkshire                +566         +567
                                       County, Massachusetts,
                                       boundary.
South Stream........................  At the downstream side          +621         +620  Town of Bennington.
                                       of Hunt Street.
                                      Approximately 0.5 mile          None         +753
                                       upstream of the Jewett
                                       Brook confluence.
Walloomsac River....................  Approximately 1,000             +551         +550  Town of Bennington.
                                       feet downstream of
                                       Murphy Road.
                                      Approximately 2,050             +580         +578
                                       feet downstream of
                                       Town Highway 32.
Walloomsac River....................  Approximately 90 feet           None         +542  Village of North
                                       upstream of River Road.                            Bennington.
                                      Approximately 0.53 mile         None         +546
                                       downstream of Murphy
                                       Road.
Warm Brook..........................  Approximately 1.28              +773         +772  Town of Arlington, Town
                                       miles upstream of Ubu                              of Shaftsbury.
                                       Lane.
                                      Approximately 2.54              None         +781
                                       miles upstream of Ubu
                                       Lane.
West Branch Batten Kill.............  Approximately 50 feet           +698         +699  Town of Manchester.
                                       upstream of Depot
                                       Street.
                                      Approximately 1.09              None         +775
                                       miles upstream of Rec
                                       Park Road.
Winhall River.......................  At the Windham County          +1250        +1249  Town of Winhall.
                                       boundary.
                                      Approximately 1,800             None        +1511
                                       feet upstream of
                                       Arthur Court.
----------------------------------------------------------------------------------------------------------------
* 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 Arlington
 
Maps are available for inspection at 3828 Vermont Route 7A, Arlington, VT 05250.
 
Town of Bennington
 
Maps are available for inspection at 205 South Street, Bennington, VT 05201.
 
Town of Manchester
 
Maps are available for inspection at 6039 Main Street, Manchester, VT 05255.
 
Town of Pownal
 
Maps are available for inspection at 467 Center Street, Pownal, VT 05261.
 
Town of Shaftsbury
 
Maps are available for inspection at 61 Buck Hill Road, Shaftsbury, VT 05262.
 

[[Page 19021]]

 
Town of Sunderland
 
Maps are available for inspection at 181 South Road, East Arlington, VT 05252.
 
Town of Winhall
 
Maps are available for inspection at 3 River Road, Bondville, VT 05340.
 
Village of Manchester
 
Maps are available for inspection at 45 Union Street, Manchester, VT 05254.
 
Village of North Bennington
 
Maps are available for inspection at the Bennington Train Depot, Main Street, North Bennington, VT 05257.
----------------------------------------------------------------------------------------------------------------
                                Lewis County, Washington, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Chehalis River......................  Approximately 0.84 mile         +150         +151  City of Centralia, City
                                       upstream of Prather                                of Chehalis,
                                       Road.                                              Unincorporated Areas
                                                                                          of Lewis County.
                                      Approximately 0.7 mile          None         +324
                                       upstream of Elk Creek
                                       Road.
China Creek (backwater effects from   Approximately 220 feet          +176         +177  City of Centralia.
 Chehalis River).                      downstream of I-5.
                                      Approximately 80 feet           +176         +177
                                       downstream of Cedar
                                       Street.
China Creek (backwater effects from   Approximately 74 feet           +188         +190  City of Centralia.
 Skookumchuck River).                  upstream of North Gold
                                       Street.
                                      Approximately 1,335             +189         +190
                                       feet upstream of North
                                       Gold Street.
Coal Creek (backwater effects from    At the Salzer Creek             +179         +181  City of Chehalis.
 Salzer Creek).                        confluence.
                                      At the downstream side          +179         +181
                                       of National Avenue.
Coffee Creek (backwater effects from  At the Skookumchuck             +186         +187  City of Centralia,
 Skookumchuck River).                  River confluence.                                  Unincorporated Areas
                                                                                          of Lewis County.
                                      At the upstream side of         +187         +191
                                       Reynolds Avenue.
Eagle Creek (backwater effects from   At the Lincoln Creek            None         +155  Unincorporated Areas of
 Lincoln Creek).                       confluence.                                        Lewis County.
                                      Approximately 2.3 miles         None         +155
                                       upstream of Lincoln
                                       Creek Road.
Elk Creek (backwater effects from     At the Chehalis River           +305         +317  Unincorporated Areas of
 Chehalis River).                      confluence.                                        Lewis County.
                                      Approximately 0.43 mile         +316         +317
                                       upstream of Elk Creek
                                       Road.
Hanaford Creek......................  At the Skookumchuck             +201         +202  Unincorporated Areas of
                                       River confluence.                                  Lewis County.
                                      Approximately 0.46 mile         None         +217
                                       upstream of the
                                       Packwood Creek
                                       confluence.
Lincoln Creek.......................  Approximately 722 feet          +154         +155  Unincorporated Areas of
                                       upstream of the                                    Lewis County.
                                       Chehalis River
                                       confluence.
                                      At the downstream side          None         +159
                                       of Teague Road.
Salzer Creek........................  At the Chehalis River           +179         +181  City of Centralia, City
                                       confluence.                                        of Chehalis,
                                                                                          Unincorporated Areas
                                                                                          of Lewis County.
                                      Approximately 0.32 mile         +190         +191
                                       upstream of Proffitt
                                       Road.
Skookumchuck River..................  At the upstream side of         +187         +191  City of Centralia,
                                       Reynolds Street.                                   Unincorporated Areas
                                                                                          of Lewis County.
                                      Approximately 0.98 mile         +207         +212
                                       upstream of Downing
                                       Road.
----------------------------------------------------------------------------------------------------------------
* 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.
 

[[Page 19022]]

 
                                                    ADDRESSES
 
City of Centralia
 
Maps are available for inspection at 118 West Maple Street, Centralia, WA 98531.
 
City of Chehalis
 
Maps are available for inspection at 1321 South Market Boulevard, Chehalis, WA 98532.
 
                                      Unincorporated Areas of Lewis County
 
Maps are available for inspection at 351 Northwest North Street, Chehalis, WA 98532.
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(Catalog of Federal Domestic Assistance No. 97.022, ``Flood 
Insurance.'')

    Dated: March 7, 2011.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation, 
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2011-8116 Filed 4-5-11; 8:45 am]
BILLING CODE 9110-12-P


