# Proposed Flood Elevation Determinations > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3AE6-21577 ## Record - **Collection:** Federal Register - **Document type:** Proposed Rule - **Published:** December 19, 2006 - **Citation:** 71 FR 75919 ## Text DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket No. FEMA-B-7701] Proposed Flood Elevation Determinations AGENCY: Federal Emergency Management Agency, DHS. ACTION: Proposed rule. SUMMARY: Technical information or comments are requested on the proposed Base (1% annual chance) Flood Elevations (BFEs) and proposed BFEs modifications for the communities listed below. The BFEs are the basis for the floodplain management measures that the community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). DATES: The comment period is ninety (90) days following the second publication of this proposed rule in a newspaper of local circulation in each community. ADDRESSES: The proposed BFEs for each community are available for inspection at the office of the Chief Executive Officer of each community. The respective addresses are listed in the table below. FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Engineering Management Section, Mitigation Division, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-3151. 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 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. 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. Regulatory Classification. This proposed rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735. 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 Effective Modified Communities affected Bartow County, Georgia and Incorporated Areas Raccoon Creek Approximately 19,930 feet upstream of the confluence with Etowah River None +705 Bartow County ((Unincorporated Areas). Approximately 22,900 feet upstream of the confluence with Etowah River None +708 *National Geodetic Vertical Datum #Depth in feet above ground +North American Vertical Datum ADDRESSES Bartow County (Unincorporated Areas) Maps are available for inspection at the Community Map Repository, 135 West Cherokee Avenue, Suite 124, Cartersville, Georgia 30120. Send comments to Mr. Clarence Brown, Presiding Commissioner, Bartow County, 135 West Cherokee Avenue, Suite 251, Cartersville, Georgia 30120. Flooding source(s) Location of referenced elevation *Elevation in feet (NGVD) +Elevation in feet (NAVD) # Depth in feet above ground Effective 1 Modified Communities affected Carroll County, Georgia and Incorporated Areas Beulah Creek At the confluence with Little Tallapoosa River +986 +988 City of Carrollton. At Columbia Drive +986 +988 Buffalo Creek At Strickland Road +1042 +1043 City of Carrollton. Tributary 1 Approximately 900 feet upstream of Strickland Road +1042 +1043 Chandler's Spring Creek At the confluence with Little Tallapoosa River +989 +992 City of Carrollton. Just upstream of William Street +989 +992 Curtis Creek At the confluence with Little Tallapoosa River +991 +994 City of Carrollton. At Lake Carroll Dam +991 +994 Little Tallapoosa River Approximately 2,275 feet upstream of confluence of Buck Creek +977 +978 City of Carrollton. Approximately 2,800 feet upstream of Northside Drive +992 +995 Little Tallapoosa River Tributary At the confluence with Little Tallapoosa River +990 +993 City of Carrollton. Approximately 2,870 feet upstream of confluence with Little Tallapoosa River +992 +993 Sweetwater Creek At Carroll/Douglas County boundary None +979 Carroll County. Approximately 1,510 feet upstream of the Carroll/Douglas county boundary None +982 (Unincorporated Areas). Tanyard Branch At confluence with Little Tallapoosa River +989 +992 City of Carrollton. Approximately 135 feet upstream of River Drive +991 +992 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. 1 The existing elevation data included on the effective FIRM is printed in the elevation datum of the National Geodetic Vertical Datum of 1929 (NGVD29). In order to convert this printed elevation data from the NGVD29 datum to the NAVD88 datum, please add 0.2 feet. ADDRESSES Carroll County (Unincorporated Areas) Maps are available for inspection at the Community Map Repository, Carroll County Engineering Department, 315 Bradley Street, Carrollton, Georgia 30117. Send comments to The Honorable Robert Barr, Chairman, Carroll County Board of Commissioners, 315 Bradley Street, Georgia, 30117. City of Carrollton Maps are available for inspection at the Community Map Repository, Carroll County Engineering Department, 315 Bradley Street, Carrollton, Georgia 30117. Send comments to The Honorable Weigh Garner, Mayor, City of Carrollton, 315 Bradley Street, Georgia, 30117. Flooding source(s) Location of referenced elevation * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Effective Modified Communities affected Forsyth County, Georgia and Incorporated Areas Hurricane Creek At the confluence with Settingdown Creek +969 +970 Forsyth County (Unincorporated Areas). Approximately 1,010 feet upstream of the confluence with Settingdown Creek +969 +970 James Creek At the confluence with Chattahoochee River +917 +918 Forsyth County (Unincorporated Areas). Approximately 2,400 feet upstream of the confluence with Chattahoochee River +917 +918 Tributary G At the confluence with Settingdown Creek +1,141 +1,140 Forsyth County (Unincorporated Areas). Approximately 100 feet upstream of the confluence with Settingdown Creek +1,141 +1,140 Tributary J At the confluence with Settingdown Creek +1,157 +1,156 Forsyth County (Unincorporated Areas). Approximately 60 feet upstream of the confluence with Settingdown Creek +1,157 +1,156 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES Forsyth County (Unincorporated Areas) Maps are available for inspection at 110 East Main Street, Suite 100, Cumming, Georgia 30040. Send comments to Mr. Jack Conway, Commission Chairman, Forsyth County, 110 East Main Street, Suite 210, Cumming, Georgia 30040. Flooding source(s) Location of referenced elevation *Elevation in feet (NGVD) +Elevation in feet (NAVD) # Depth in feet above ground Effective Modified Communities affected Whitfield County, Georgia and Incorporated Areas Poplar Springs Creek Approximately 660 feet downstream of Poplar Springs Road None +747 Whitfield County (Incorporated Areas). Approximately 1,270 feet upstream of Reed Pond Road Northwest None +771 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES Whitfield County (Unincorporated Areas) Maps are available for inspection at 1407 Burleyson Drive, Dalton, Georgia 30720. Send comments to Brian D. Anderson, Sr., Commission Chairman, Board of Commissioners, Whitfield County, 301 West Crawford Street, Dalton, Georgia 30720. Flooding source(s) Location of referenced elevation *Elevation in feet (NGVD) +Elevation in feet (NAVD) # Depth in feet above ground Effective Modified Communities affected Choctaw County, Mississippi, and Incorporated Areas Yockanookany River At Highway 407 None +454 Town of Weir. Approximately 400 feet upstream of South Union Road None +513 Choctaw County (Unincorporated Areas). Yockanookany River Tributary 2 At Kansas City Southern Railroad Bridge None +516 Town of Ackerman Choctaw County. Approximately 120 feet upstream of McKnight Road None +534 (Unincorporated Areas). Yockanookany River Tributary 3 At West Main Street None +510 Town of Ackerman Approximately 90 feet upstream of State Highway 12 None +538 Choctaw County (Unincorporated Areas). Yockanookany River Tributary 4 Approximately 70 feet downstream of Commerce Street None +521 Town of Ackerman. Approximately 320 feet upstream of College Street None +534 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES Town of Ackerman Maps are available for inspection at Town Hall, 45 East Main Street, Ackerman, MS 39735. Send comments to The Honorable Bruce Burney, Mayor, 45 East Main Street, Ackerman, MS 39735. Choctaw County (Unincorporated Areas) Maps are available for inspection at County Courthouse, 22 East Quinn Street, Ackerman, MS 39735. Send comments to Mr. Thomas Higgins, Board President, Choctaw County Board of Supervisors, 22 East Quinn Street, Ackerman, MS 39735. Town of Weir Maps are available for inspection at Town Hall, 217 Front Street, Weir, MS 39772. Send comments to The Honorable Lee James, Mayor, Town Hall, 217 Front Street, Weir, MS 39772. Flooding source(s) Location of referenced elevation *Elevation in feet (NGVD) +Elevation in feet (NAVD) # Depth in feet above ground Effective Modified Communities affected Northumberland County, Pennsylvania, and Incorporated Areas Boile Run Approximately 690 feet upstream of State Road 147 *433 +432 Township of Lower Augusta. Approximately 905 feet downstream of State Road 147 *431 +432 Dalmatia Creek Approximately at 90 feet downstream of State Road 147 *416 +416 Township of Lower Mahanoy. Approximately at 900 feet upstream of State Road 147 *417 +416 Limestone Run Approximately at 1110 feet downstream of Filbert Street *468 +468 Borough of Milton, Township of Turbot. Approximately at 1600 feet upstream of Township Route 594 *520 +519 Mahanoy Creek Approximately 2120 feet downstream of State Road 147 *426 +427 Township of Jackson. Approximately 2900 feet upstream of State Road 147 *427 +427 Mahantango Creek Approximately 1000 feet downstream of State Road 147 *404 +400 Township of Lower Mahanoy. Approximately at 3000 feet upstream of State Road 147 *404 +404 Muddy Run Approximately at 3120 feet downstream of Legislative Route 49102 *472 +472 Township of Turbot. Approximately at 50 feet downstream of Township Route 572 *472 +472 Shamokin Creek Approximately 2500 feet downstream of State Road 61 *587 +583 Township of Ralpho, Township of Shamokin. Approximately 2250 feet upstream of Irish Valley Road *617 +617 Susquehanna River Approximately 18.6 miles downstream of Route 61, at Northumberland/Dauphin County line *404 +400 Borough of Herndon, Borough of Northumberland, Approximately 3.9 miles upstream of Route 54, at Northumberland/Montour County line *464 +468 Borough of Riverside, City of Sunbury, Township of Lower Augusta, Township of Lower Mahanoy, Township of Point, Township of Rush, Township of Upper Augusta. Tributary No. 1 to Limestone Run Approximately 2055 feet downstream of State Road 254 *481 +476 Township of Turbot. Approximately 250 feet downstream of State Road 254 *481 +476 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES Borough of Herndon Maps are available for inspection at Herndon Borough Municipal Building, P.O. Box 385, Herndon, PA 17830 Send comments to The Honorable Richard Sweppenhiser, Mayor, North Main Street, P.O. Box 385, Herndon, PA 17830 Borough of Milton Maps are available for inspection at Milton Borough Office, 2nd Filbert Street, Milton, Milton, PA 17847. Send comments to The Honorable Charles Beck, Jr, Borough Manager, 2nd Filbert Street, Milton, PA 17847. Borough of Northumberland Maps are available for inspection at Northumberland Borough Building, 221 Second Street, Northumberland, PA 17857. Send comments to The Honorable Brian M. Wolf, Chairman of Borough Council, 221 Second Street, Northumberland, PA 17857. Borough of Riverside Maps are available for inspection at Riverside Borough Building, 301 Dewart Street, Riverside, PA 17868. Send comments to The Honorable Peter T. Fleming, President of Borough Council, P.O. Box 307, Riverside, PA 17868. City of Sunbury Maps are available for inspection at Sunbury City Code Administration Office, 225 Market Street,Sunbury, PA 17801. Send comments to The Honorable Jess Woodring, Mayor, 225 Market Street, Sunbury, PA 17801. Township of Jackson Maps are available for inspection at Jackson Township Municipal Building, RR 2 Box 605, Herndon, PA 17830. Send comments to The Honorable LaVerne Forman, Chairman of Board of Supervisors, RR 2 Box 605, Herndon, PA 17830. Township of Lower Augusta Maps are available for inspection at Lower Augusta Township Building, Rd #3, Box 28, Sunbury, PA 17801. Send comments to The Honorable Talmage Johnson, Chairman of Board of Supervisors, Rd #3, Box 28, Sunbury, PA 17801. Township of Lower Mahanoy Maps are available for inspection at Lower Mahanoy Township Hall, Rd 1, Box 38, Dalmatia, PA 17017. Send comments to The Honorable Larry L. Adams, Chairman of Board of Supervisors, Rd 1, Box 11, Dalmatia, PA 17017. Township of Point Maps are available for inspection at Point Township Municipal Building, 759 Ridge Road, Northumberland, PA 17857. Flooding source(s) Location of referenced elevation *Elevation in feet (NGVD) +Elevation in feet (NAVD) # Depth in feet above ground Effective Modified Communities affected Roane County, Tennessee and Incorporated Areas Clinch River At confluence with Tennessee River None +746 City of Kingston, At confluence with Emory River None +746 Roane County (Unincorporated Areas) Clinch River At confluence with Brashear Creek None +747 City of Oak Ridge, At Roane County-Knox County Boundary None +796 Roane County (Unincorporated Areas). * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES Roane County (Unincorporated Areas) Maps are available for inspection at: Roane County Mayor's Office, 200 Race Street, Kingston, TN 37763. Send comments to the Honorable Ken Yager, Mayor Roane County, 200 Race Street, Kingston, TN 37763. City of Kingston Maps are available for inspection at: City of Kingston Mayor's Office, 125 W. Cumberland Street, Kingston, TN 37763. Send comments to the Honorable Diane McKeetham, Mayor City of Kingston, 125 W. Cumberland Street, Kingston, TN 37763. City of Oak Ridge Maps are available for inspection at: Community Development Department, 200 South Tulane Avenue, Oak Ridge, TN 37830. Send comments to the Honorable David Bradshaw, Mayor City of Oak Ridge, 200 South Tulane Avenue, Oak Ridge, TN 37830. Flooding source(s) Location of referenced elevation *Elevation in feet (NGVD) +Elevation in feet (NAVD) # Depth in feet above ground Effective Modified Communities affected White County, Tennessee and Incorporated Areas Calfkiller River At Wagner Street None +867 City of Sparta. At West Bronson Street None +963 Town Creek B At Highway 111 None +896 White County At Highway 70/North None +906 (Unincorporated Areas). * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES White County (Unincorporated Areas) Maps are available for inspection at White County Executive Office, Room 205, Courthouse, 1 West Bockmen Way, Sparta, TN 38583. Send comments to: The Honorable Herd Sullivan, Mayor White County, White County Courthouse, Room 205, Sparta, TN 38583. City of Sparta Maps are available for inspection at White County Executive Office, Room 205, Courthouse, 1 West Bockmen Way, Sparta, TN 38583. Send comments to: The Honorable Tommy Pedigo, Mayor City of Sparta, 6 Liberty Square, Sparta, TN 38583. (Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”) Dated: December 11, 2006. David I. Maurstad, Director, Mitigation Division, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. E6-21577 Filed 12-18-06; 8:45 am] BILLING CODE 9110-12-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3AE6-21577. Public record. Not legal advice.