[Federal Register Volume 74, Number 216 (Tuesday, November 10, 2009)] [Proposed Rules] [Pages 57979-57982] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: E9-27114] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket ID FEMA-2008-0020; Internal Agency Docket Nos. FEMA-B-1060 and FEMA-B-1062] Proposed Flood Elevation Determinations AGENCY: Federal Emergency Management Agency, DHS. ACTION: Proposed rule; correction. ----------------------------------------------------------------------- SUMMARY: FEMA is correcting a table for Black Hawk County, Iowa, and Incorporated Areas. Further, on July 8, 2009, FEMA published a proposed rule that properly addressed St. Charles County, Missouri, and Incorporated Areas, but incorrectly indicated that St. Charles County had not been included in any previously published proposed rule. FEMA seeks to correct and clarify that statement. FOR FURTHER INFORMATION CONTACT: Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-2820 or (e-mail) [email protected]. SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency (FEMA) proposes 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 are also used to calculate the appropriate flood insurance premium rates for new buildings built after these elevations are made final, and for the contents in these buildings. Need for Corrections FEMA is correcting a table in a proposed rule which published on July 2, 2009, at 74 FR 31656, and correcting an incorrect statement made in the preamble to a proposed rule that published on July 8, 2009, at 74 FR 32480. On July 2, 2009, FEMA published a proposed rule that contained two errors: first, a table for Black Hawk County, Iowa, and Incorporated Areas contained incorrect information; and second, a table for St. Charles County, Missouri, and Incorporated Areas should not have been included in the rule and published in error. On July 8, 2009, at 74 FR 32480, FEMA published a separate proposed rule which properly addressed St. Charles County, Missouri, and Incorporated Areas. However, the July 8 rule incorrectly indicated that St. Charles County had not been included in any previous proposed rule. FEMA seeks to correct and clarify that statement. [[Page 57980]] The July 2, 2009, proposed rule contained a table entitled ``Black Hawk County, Iowa, and Incorporated Areas,'' which contained errors. For flooding source ``Dry Run Creek Diversion,'' the table contained inaccurate information as to the location of referenced elevation, effective and modified elevation in feet, or communities affected. Also, for flooding source ``Ponded Area No. 2, from Elk Run Creek, landside of levee,'' the table contained a misspelling for Lafayette Road. FEMA is now publishing a revised table for Black Hawk County, Iowa, and Incorporated Areas, containing the accurate information, to address these prior errors. The information provided in the table below should be used in lieu of the table published on July 2, 2009. In addition, the July 2, 2009 proposed rule also contained a table entitled, ``St. Charles County, Missouri, and Incorporated Areas.'' The table was erroneously included in the July 2 rule, and should not have published at that time. Base flood elevations for St. Charles County properly published in a subsequent proposed rule on July 8, 2009, at 74 FR 32480; the proposed table in the July 8 rule effectively replaced the July 2 proposed table. The July 8 proposed rule addressed communities in the greater St. Louis, Missouri, area, that are the subject of an act of Congress that required FEMA to delay the statutory appeals process, required under Section 1363 of the National Flood Insurance Act of 1968, until certain publication requirements were met for each of these communities. (Consolidated Security, Disaster Assistance, and Continuing Appropriations Act 2009, Public Law 110-329, Div. B, Sec. 10503, 122 Stat. 3574, 3593 (2008)). The preamble of the July 8 proposed rule contained an incorrect statement which FEMA seeks to clarify here. The proposed rule stated that it was the first publication of proposed BFEs for the affected Missouri counties. This statement was inaccurate; as explained above, St. Charles County, Missouri, and Incorporated Areas had been inadvertently included in the July 2 rule. However, the inadvertent publication of the July 2 table for St. Charles County will not affect FEMA's determination to run concurrent comment and appeal periods for all of the communities affected by the July 8 proposed rule. Therefore, counties should consider the July 2 tables for St. Charles County, Missouri, and Incorporated Areas withdrawn and replaced by the July 8 proposed tables. All comment periods and associated time deadlines shall be calculated using the dates and information published in the July 8 proposed rule. Correction In the proposed rule published July 2, 2009 (74 FR 31656), on page 31658, revise the table for Black Hawk County, Iowa, and Incorporated Areas to read as follows: ---------------------------------------------------------------------------------------------------------------- * Elevation in feet (NGVD) + Elevation in feet (NAVD)Location of referenced Depth in feet above Flooding source(s) elevation** ground [caret]Elevation Communities affected in meters (MSL) -------------------------- Effective Modified ---------------------------------------------------------------------------------------------------------------- Black Hawk County, Iowa, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Big Woods Creek..................... Approximately 88 feet None +864 City of Cedar Falls, upstream of Lone Tree Unincorporated Areas Road. of Black Hawk County. Just downstream of None +920 Cedar-Wapsi Road. Big Woods Creek Upper Diversion..... Approximately 0.5 mile None +870 Unincorporated Areas of upstream of Mount Black Hawk County. Vernon Road. Approximately 0.6 mile None +875 upstream of Cedar- Wapsi Road. Black Hawk Creek.................... Just upstream of West +872 +870 Unincorporated Areas of Shaulis Road. Black Hawk County, City of Hudson, City of Waterloo. Approximately 975 feet +890 +891 downstream of Zaneta Road. Cedar River......................... Just upstream of Lone None +864 City of Cedar Falls. Tree Road and Interstate 218. East of Big Woods Road None +864 and approximately 0.3 mile south of Dunkerton Road along Illinois Central Gulf Railroad. Cedar River......................... Approximately 0.6 mile +858 +859 City of Cedar Falls, downstream of City of Waterloo, Interstate 218. Unincorporated Areas of Black Hawk County. Approximately 2.1 miles +868 +869 upstream of Center Street. Cedar River Diversion Channel....... Approximately 440 feet +859 +860 City of Cedar Falls. downstream of State Highway 57. Approximately 1.3 miles +864 +865 upstream of Illinois Central Railroad. City View Branch.................... Approximately 0.3 mile +853 +847 City of Waterloo. downstream of Independence Avenue. Just downstream of +857 +859 Chicago and North Western Railroad. Crane Creek......................... Approximately 117 feet None +936 Unincorporated Areas of downstream of Wheeler Black Hawk County, Road. City of Dunkerton. Just downstream of East None +967 Cedar-Wapsi Road. [[Page 57981]] Crossroads Creek.................... Approximately 91 feet None +845 City of Waterloo. downstream of Hess Road. Approximately 514 feet None +871 upstream of Alexander Drive. Crossroads Creek Diversion.......... Approximately 91 feet +846 +849 City of Waterloo. downstream of Hess Road. Approximately 0.3 mile +866 +867 upstream of Sarah Drive. Dry Run Creek Diversion............. Approximately 25 feet +867 +864 City of Cedar Falls. upstream of 20th Street. Approximately 225 feet +868 +866 downstream of Seerley Boulevard. Dry Run Creek at Cedar Falls........ Approximately 293 feet +860 +852 City of Cedar Falls. downstream of Illinois Central Gulf Railroad. Approximately 540 feet +927 +928 downstream of U.S. Route 20. Dry Run Creek at Waterloo........... Approximately 664 feet 1 2 City of Waterloo. downstream of Commercial Street. Approximately 106 feet +868 +861 upstream of Byron Avenue. Approximately 0.5 mile None +942 upstream of Kimball Avenue. Maywood Branch...................... Approximately 0.4 mile +856 +855 City of Waterloo. downstream of Bishop Avenue. Just upstream of Bishop +858 +857 Avenue. Myers Lake.......................... West end of lake....... +826 +838 City of Evansdale. East end of lake....... +826 +838 Ponded Area No. 2, from Elk Run North end of ponding +833 +836 City of Evansdale. Creek, landside of levee. area, approximately 0.3 mile downstream of Lafayette Road. South end of ponding +833 +836 area, approximately 0.4 mile upstream of Gilbert Road. Ponded Area No.1 from Elk Run Creek, North end of ponding +831 +836 City of Evansdale. landside of levee. area, approximately 150 feet downstream of Gilbert Drive. South end of ponding +831 +836 area, approximately 350 feet upstream of State Route 380. South West Branch of Dry Run Creek.. Approximately 279 feet +870 +865 City of Cedar Falls. downstream of Main Street. Approximately 1.8 miles +917 +921 upstream of Future Greenhill Road. Stream No. 13....................... Approximately 1.0 mile +857 +856 City of Waterloo. downstream of Wagner Road. Approximately 364 feet +864 +863 upstream of Airline Highway. Stream No. 36....................... Approximately 1.0 mile +864 +863 City of Waterloo, downstream of Wagner Unincorporated Areas Road. of Black Hawk County. Approximately 0.4 mile None +870 downstream of Dunkerton Road. Sunnyside Creek..................... Approximately 0.3 mile None +855 City of Waterloo. downstream of Martin Road. Approximately 130 feet None +878 upstream of 4th Street. Sunnyside Creek Bypass.............. Approximately 0.6 mile +858 +861 City of Waterloo. downstream of Marine Avenue. Approximately 450 feet None +869 upstream of Marine Avenue. Unnamed Tributary to Big Woods Creek Just downstream of None +864 City of Cedar Falls. Dunkerton Road. Approximately 408 feet None +864 west of Interstate 218. Unnamed Tributary to Big Woods Creek Approximately 0.5 mile None +871 Unincorporated Areas of upstream of Mount Black Hawk County. Vernon Road. Just upstream of None +871 Dunkerton Road. Unnamed Tributary to Cedar River.... Approximately 182 feet +863 +864 City of Cedar Falls. downstream of Dunkerton Road. Just upstream of Lone +863 +864 Tree Road. Wolf Creek.......................... Approximately 0.6 mile +814 +815 City of La Porte City. downstream of Bike Path. Approximately 1.3 miles None +824 upstream of Main Street. Wolf Creek Overflow................. Approximately 0.4 mile +814 +815 City of La Porte City, downstream of 8th Unincorporated Areas Street. of Black Hawk County. Approximately 1.3 miles +822 +823 upstream of Poplar Street. ---------------------------------------------------------------------------------------------------------------- * 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. [[Page 57982]] Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Cedar Falls Maps are available for inspection at 220 Clay Street, Cedar Falls, IA 50613. City of Dunkerton Maps are available for inspection at 200 Tower Street, Dunkerton, IA 50626. City of Evansdale Maps are available for inspection at 123 North Evans Road, Evansdale, IA 50707. City of Hudson Maps are available for inspection at 525 Jefferson Street, Hudson, IA 50643. City of La Porte City Maps are available for inspection at 202 Main Street, La Porte City, IA 50651. City of Waterloo Maps are available for inspection at 715 Mulberry Street, Waterloo, IA 50703. Unincorporated Areas of Black Hawk County Maps are available for inspection at 316 East 5th Street, Suite 203, Waterloo, IA 50703. ---------------------------------------------------------------------------------------------------------------- Deborah S. Ingram, Acting Deputy Assistant Administrator for Mitigation, Mitigation Directorate, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E9-27114 Filed 11-9-09; 8:45 am] BILLING CODE 9110-12-P