76 FR 74 pgs. 21695-21699 - Proposed Flood Elevation Determinations

Type: PRORULEVolume: 76Number: 74Pages: 21695 - 21699
Docket number: [Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-B-1189]
FR document: [FR Doc. 2011-9345 Filed 4-15-11; 8:45 am]
Agency: Homeland Security Department
Sub Agency: Federal Emergency Management Agency
Official PDF Version:  PDF Version

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-B-1189]

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 July 18, 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-1189, 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.

§ 67.4 [Amended]

2. The tables published under the authority of § 67.4 are proposed to be amended as follows:

Flooding source(s) Location of referenced elevation ** * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground ? Elevation in meters (MSL) Effective Modified Communities affected
Madison County, Alabama, and Incorporated Areas
Aldridge Creek Tributary 1 Approximately 1,700 feet downstream of Chaney Thompson Road None +579 City of Huntsville.
At the downstream side of Chunn Road None +618
Aldridge Creek Tributary 10 Approximately 0.4 mile downstream of Bailey Cove Road Southeast None +606 City of Huntsville.
Approximately 270 feet downstream of Cross Creek Road Southeast None +691
Aldridge Creek Tributary 12 At the downstream side of Airport Road None +622 City of Huntsville.
Approximately 1,400 feet downstream of Four Mile Post Road None +719
Aldridge Creek Tributary 17 Approximately 1,000 feet downstream of Toney Drive Southeast None +662 City of Huntsville.
Approximately 70 feet downstream of Deborah Drive Southeast None +891
Aldridge Creek Tributary 8 Approximately 500 feet downstream of Bailey Cove Road Southeast None +595 City of Huntsville.
At the downstream side of Box Canyon Road Southeast None +707
Aldridge Creek Tributary 9 Approximately 270 feet downstream of Bailey Cove Road Southeast None +596 City of Huntsville.
At the upstream side of Vista Drive Southeast None +700
Barren Fork Creek At the Indian Creek confluence None +569 City of Huntsville, Town of Triana, Unincorporated Areas of Madison County.
At the Betts Spring Branch and Bradford Creek confluence None +571
Big Cove Creek Approximately 700 feet downstream of the Hays Preserve Trail +600 +599 City of Huntsville, Unincorporated Areas of Madison County.
Approximately 0.8 mile upstream of Dug Hill Road None +686
Big Cove Creek Tributary At the Big Cove Creek confluence None +657 City of Huntsville, Unincorporated Areas of Madison County.
Approximately 0.7 mile upstream of the Big Cove Creek confluence None +677
Blue Spring Creek Approximately 400 feet downstream of Timbercrest Drive Northwest +666 +667 City of Huntsville.
Approximately 110 feet upstream of Pulaski Pike Northwest +750 +751
Bradford Creek Approximately 1,300 feet upstream of Palmer Road None +645 City of Madison, Unincorporated Areas of Madison County.
Approximately 1,400 feet upstream of Gillespie Road None +705
Bradford Creek Tributary At the Bradford Creek confluence None +676 City of Madison, Unincorporated Areas of Madison County.
At the downstream side of Brownsville Ferry Road None +702
Broglan Branch Approximately 630 feet downstream of Governors Drive Southwest +608 +605 City of Huntsville.
Approximately 100 feet downstream of Mastin Lake Road None +728
Broglan Branch Tributary A Approximately 140 feet downstream of Oster Drive None +647 City of Huntsville.
Approximately 0.5 mile upstream of Commercial Drive None +682
Broglan Branch Tributary B Approximately 520 feet downstream of Nevel Drive None +709 City of Huntsville.
At the downstream side of Kyle Lane None +732
Buckhorn Branch Approximately 0.9 mile downstream of Shady Oak Drive None +688 Unincorporated Areas of Madison County.
Approximately 1,040 feet upstream of Maysville Road None +766
Dallas Branch Approximately 580 feet downstream of Washington Street +629 +628 City of Huntsville.
Approximately 210 feet upstream of Saddletree Boulevard None +837
Dallas Branch Bypass Approximately 1,800 feet downstream of Church Street +619 +617 City of Huntsville.
Approximately 540 feet upstream of Dickson Street Northeast +641 +642
Dallas Branch Tributary A Approximately 370 feet downstream of Halsey Avenue Northeast None +647 City of Huntsville.
Approximately 300 feet upstream of Vinyard Street Northeast None +695
Dry Creek 1 Approximately 1,680 feet downstream of Brandon Town Road +665 +664 City of Huntsville.
At the downstream side of Blake Bottom Road Northwest None +749
Dry Creek 1 Tributary A Approximately 500 feet downstream of Sparkman Drive Northwest None +695 City of Huntsville.
Approximately 220 feet upstream of Campus Road None +746
Dry Creek 1 Tributary B Approximately 170 feet downstream of Dry Creek Drive Northwest None +709 City of Huntsville.
Approximately 380 feet upstream of Terrell Drive Northwest None +736
East Fork Pinhook Creek Approximately 1,300 feet downstream of Medaris Road +680 +679 City of Huntsville.
Approximately 450 feet upstream of Spragins Hollow Road Northwest None +748
East Fork Pinhook Creek Tributary A Approximately 1,820 feet downstream of Ricky Road None +701 City of Huntsville.
Approximately 0.4 mile upstream of Ricky Road None +738
Fagan Creek Approximately 710 feet downstream of Monroe Street +610 +608 City of Huntsville.
Approximately 0.7 mile upstream of Telfair Drive Southeast None +719
Flint River Approximately 300 feet upstream of Winchester Road Northeast None +673 Unincorporated Areas of Madison County.
Approximately 3.0 miles upstream of Carriger Road None +767
Glover Cove Creek Approximately 0.5 mile downstream of Old Highway 431 None +587 Town of Owens Cross Roads, Unincorporated Areas of Madison County.
Approximately 750 feet upstream of Old Gurley Pike None +627
Huntsville Spring Branch Approximately 890 feet downstream of Drake Avenue +594 +593 City of Huntsville, Unincorporated Areas of Madison County.
At the downstream side of Williams Avenue Southwest +609 +608
Hurricane Creek Approximately 0.9 mile downstream of Little Cove Road None +612 Town of Gurley, Unincorporated Areas of Madison County.
Approximately 1,020 feet downstream of County Lake Road None +663
Indian Creek Approximately 0.8 mile downstream of I-565 None +606 City of Huntsville, Unincorporated Areas of Madison County.
Approximately 0.6 mile upstream of Old Monrovia Road Northwest None +712
Knox Creek At the upstream side of Dupree Worthey Road None +657 City of Huntsville, Unincorporated Areas of Madison County.
Approximately 0.4 mile downstream of Wall Triana Highway +730 +732
Limestone Creek Approximately 0.8 mile upstream of Lee Highway None +649 City of Huntsville.
Approximately 1.6 miles upstream of Capshaw Road None +672
Lollar Branch Approximately 0.8 mile downstream of Winchester Road None +684 Unincorporated Areas of Madison County.
Approximately 1.3 miles upstream of Maysville Road None +786
McDonald Creek Approximately 1,950 feet downstream of Centaur Boulevard Southwest None +581 City of Huntsville, Unincorporated Areas of Madison County.
Approximately 70 feet upstream of Galaxy Way None +692
Mill Creek Tributary Approximately 0.9 mile downstream of Bridgefield Road None +677 City of Madison.
At the downstream side of Millsford Drive None +749
Miller Branch Approximately 1,700 feet downstream of Wall Triana Highway +571 +570 City of Huntsville, Unincorporated Areas of Madison County.
Approximately 0.6 mile downstream of County Road 127 None +574
Molder Branch Approximately 2.2 miles downstream of Bob Stiles Road None +658 Unincorporated Areas of Madison County.
At the downstream side of Bob Stiles Road None +680
Moore Branch Approximately 1.1 miles downstream of Powell Road None +590 City of Madison.
Approximately 0.4 mile downstream of Powell Road None +603
Mountain Brook Branch Approximately 1,100 feet downstream of Clermont Drive +647 +651 City of Huntsville.
Approximately 1,700 feet upstream of Darnell Street Southeast None +735
Mountain Fork Approximately 0.5 mile downstream of Oscar Patterson Road None +692 Unincorporated Areas of Madison County.
Approximately 470 feet upstream of Mountain Fork Road None +774
Normal Branch Approximately 1,100 feet downstream of Max Luther Drive Northwest None +643 City of Huntsville.
Approximately 130 feet upstream of Winchester Road None +737
Normal Branch Diversion At the Normal Branch confluence None +637 City of Huntsville.
At the Pinhook Creek confluence None +643
Normal Branch Tributary A Approximately 950 feet downstream of Mastin Lake Road Northwest None +667 City of Huntsville, Unincorporated Areas of Madison County.
Approximately 910 feet upstream of Hi-Lo North Circle None +748
Oakland Spring Branch At the upstream side of Powell Road None +612 City of Madison.
At the downstream side of Ferry Road None +631
Peevey Creek Approximately 1.5 miles downstream of the Eastern Bypass None +606 City of Huntsville, Unincorporated Areas of Madison County.
Approximately 600 feet downstream of Ripple Lane None +638
Pinhook Creek At the downstream side of Williams Avenue Southwest +611 +610 City of Huntsville.
Approximately 460 feet downstream of Winchester Road Northwest +703 +701
Pinhook Creek Tributary A Approximately 800 feet downstream of Memorial Parkway Northwest None +639 City of Huntsville.
At the downstream side of Pulaski Pike None +733
Pinhook Creek Tributary C Approximately 0.5 mile downstream of Pulaski Pike None +703 City of Huntsville.
Approximately 800 feet upstream of Pulaski Pike None +738
Sherwood Branch Approximately 800 feet downstream of Old Madison Pike Northwest +636 +630 City of Huntsville, Unincorporated Areas of Madison County.
Approximately 300 feet downstream of Old Monrovia Road Northwest None +707
Swan Pond Approximately 3.7 miles downstream of Zierdt Road None +569 City of Huntsville, Unincorporated Areas of Madison County.
Approximately 0.9 mile upstream of Zierdt Road None +571
Tributary 1 To Indian Creek Approximately 1,500 feet downstream of Slaughter Road +616 +619 City of Huntsville, City of Madison, Unincorporated Areas of Madison County.
Approximately 600 feet upstream of Cherry Road +712 +710
Tributary 1 to Dry Creek 2 Approximately 300 feet downstream of Johns Road Northwest +708 +710 City of Huntsville, Unincorporated Areas of Madison County.
At the downstream side of Ralph Road +749 +751
Tributary 2 to Indian Creek At the Indian Creek confluence +674 +675 City of Huntsville, Unincorporated Areas of Madison County.
Approximately 0.7 mile upstream of the Indian Creek confluence +699 +700
Tributary 3 to Indian Creek Approximately 0.4 mile downstream of Jeff Road Northwest +699 +700 City of Huntsville, City of Madison, Unincorporated Areas of Madison County.
At the downstream side of Woodland Trail None +811
Unnamed Tributary to Sherwood Branch Approximately 1,840 feet downstream of Enterprise Way None +687 City of Huntsville, Unincorporated Areas of Madison County.
Approximately 730 feet upstream of Wayne Road Northwest None +706
West Fork Pinhook Creek Approximately 1,940 feet downstream of Medaris Road Northwest +678 +679 City of Huntsville.
At the downstream side of Pulaski Pike None +767
West Fork Pinhook Tributary A Approximately 0.5 mile downstream of Sturbridge Drive None +732 City of Huntsville.
Approximately 110 feet upstream of Green Meadow Road Northwest None +799
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
# Depth in feet above ground.
? Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed.
Send comments to 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 Huntsville
Maps are available for inspection at 320 Fountain Circle, 2nd Floor, Huntsville, AL 35801.
City of Madison
Maps are available for inspection at 100 Hughes Road, Madison, AL 35758.
Town of Gurley
Maps are available for inspection at 235 Walker Street, Gurley, AL 35748.
Town of Owens Cross Roads
Maps are available for inspection at 2965 Old Highway 431, Owens Cross Roads, AL 35763.
Town of Triana
Maps are available for inspection at 640 6th Street, Madison, AL 35756.
Unincorporated Areas of Madison County
Maps are available for inspection at the Madison County Engineering Building, 814 Cook Avenue, Huntsville, AL 35801.

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

Dated: April 8, 2011.

Sandra K. Knight,

Deputy Federal Insurance and Mitigation Administrator, Mitigation, Department of Homeland Security, Federal Emergency Management Agency.

[FR Doc. 2011-9345 Filed 4-15-11; 8:45 am]

BILLING CODE 9110-12-P