# Proposed Flood Elevation Determinations > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3AE6-21681 ## Record - **Collection:** Federal Register - **Document type:** Proposed Rule - **Published:** December 20, 2006 - **Citation:** 71 FR 76260 ## Text DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket No. FEMA-D-7680] 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 Lee County, Florida, and Incorporated Areas Bayshore Creek Approximately 600 feet downstream of Jamestown Circle +8 +7 Lee County (Unincorporated Areas). At Nalle Grade Road None +23 Bedman Creek/Dog Canal Approximately 700 feet downstream of Palm Beach Boulevard +7 +8 Lee County (Unincorporated Areas). Approximately 2.6 miles upstream of Weir S-D-2 None +26 Billy Creek At upstream side of Veronica Shoemaker Boulevard +7 +8 Lee County (Unincorporated Areas), City of Fort Myers. Approximately 0.4 mile upstream of Oritz Circle None +17 Caloosahatchee River At intersection of Cohn Road and Marsh Cove Lane +7 +8 Lee County (Unincorporated Areas), City of Cape Coral, City of Fort Myers. Approximately 0.4 mile south of intersection of Tarpon Estates Boulevard and Tarpon Estates Court +10 +11 Carrell Canal Approximately 900 feet upstream of confluence with Caloosahatchee River None +7 City of Fort Myers. Approximately 375 feet upstream of Evans Avenue None +13 Chapel Branch Creek Approximately 600 feet downstream of Samville Road +7 +8 Lee County (Unincorporated Areas). Approximately 650 feet upstream of Rich Road None +20 Charlotte Harbor At intersection of Kismet Parkway and Burnt Stove Road +7 +6 Lee County (Unincorporated Areas), City of Cape Coral. Approximately 0.7 mile west from Old Burnt Stove Road and 48th Terrace intersection (follow Yucca Creek) +11 +10 Lee County (Unincorporated Areas). Cypress Creek Approximately 800 feet downstream of North River Road +7 +8 Lee County (Unincorporated Areas). Approximately 3.0 miles upstream of North River Road None +18 Daughtrey Creek Approximately 0.4 mile downstream of Bayshore Road +8 +7 Lee County (Unincorporated Areas). Approximately 0.9 mile upstream of Nalle Grade Road None +24 East Branch At downstream side of Bayshore Road +8 +7 Lee County (Unincorporated Areas). Daughtrey Creek At Nalle Grade Road None +23 East Branch Approximately 0.2 mile downstream of Pine Island Road None +7 Lee County (Unincorporated Areas), City of Cape Coral. Yellow Fever Creek At upstream side of U.S. 41 Culvert +17 +18 Estero Bay Approximately 0.3 mile west of intersection of Baybridge Boulevard and Bridge Run Court +10 +11 Lee County (Unincorporated Areas), City of Bonita Springs, Town of Fort Myers Beach. Approximately 0.5 mile west of intersection of Redfish Street and Spring Creek Drive +13 +15 Estero River Approximately 0.4 mile downstream of South Tamiami Trail +10 +11 Lee County (Unincorporated Areas). Approximately 0.4 mile upstream of I-75 None +21 Fichter Creek Approximately 1,000 feet upstream of the confluence with Caloosahatchee River None +7 Lee County (Unincorporated Areas). Approximately 50 feet upstream of Fichters Creek Lane None +15 Ford Street Canal At upstream side of Gallee Way None +9 City of Fort Myers. Approximately 200 feet downstream of Hanson Street None +18 Gulf of Mexico Approximately 1,000 feet west of the Pelican Pass and Charlotte Harbor Mouth (Cayo Costa Island) +7 +8 Lee County (Unincorporated Areas), City of Bonita Springs, City of Sanibel, Town of Fort Myers Beach. Approximately 500 feet west of intersection of Estero Boulevard and Hickory Boulevard +18 +20 Halfway Creek Approximately 0.6 mile downstream of U.S. Route 41 +10 +11 Lee County (Unincorporated Areas). Approximately 100 feet upstream of Railroad None +16 Halls Creek Approximately 500 feet upstream of North River Road None +7 Lee County (Unincorporated Areas). Approximately 0.6 mile upstream of North River Road None +13 Hancock Creek Approximately 100 feet upstream of Barrett Road None +7 Lee County (Unincorporated Areas), City of Cape Coral. Approximately 100 feet upstream of Diplomat Parkway None +11 Hickey Creek Approximately 1,000 feet upstream of Palm Beach Boulevard +7 +8 Lee County (Unincorporated Areas). At the confluence of Hickey Creek Drainageway +9 +10 Hickey Creek At confluence of Hickey Creek +9 +10 Lee County (Unincorporated Areas). (upstream of Hickey Creek Drainageway) Approximately 0.8 mile downstream of Bateman Road +11 +10 Hickey Creek Drainageway At the confluence with Hickey Creek +9 +10 Lee County (Unincorporated Areas). Approximately 1.1 miles upstream of 17th Street None +22 Kickapoo Creek At upstream side of Bayshore Road +7 +8 Lee County (Unincorporated Areas). Approximately 0.2 mile upstream of Old Bayshore Road +12 +8 L-3 Canal At the confluence with L Canal None +8 Lee County (Unincorporated Areas), City of Fort Myers. Approximately 0.4 mile upstream of Fowler Street None +14 Leitner Creek Approximately 800 feet upstream of Terry Street +10 +12 City of Bonita Springs. Approximately 0.3 mile upstream of I-75 None +14 Manuels Branch At upstream side of McGregor Boulevard None +7 City of Fort Myers. Approximately 975 feet upstream of Evans Avenue None +12 Marsh Point Creek At upstream side of Bayshore Road +10 +7 Lee County (Unincorporated Areas). At upstream side of Tucker Lane +16 +15 Matlacha Pass Approximately 0.5 mile east of intersection of Game Bird Lane and Ficus Tree Lane +7 +6 Lee County (Unincorporated Areas), City of Cape Coral. Approximately 0.7 mile east of intersection of Tropical Point Drive and Cove Street +8 +11 Mullock Creek Approximately 300 feet downstream of Constitution Circle None +10 Lee County (Unincorporated Areas). At Oriole Road None +15 Mullock Creek Tributary Approximately 0.2 mile downstream of South Tamiami Trail +10 +11 Lee County (Unincorporated Areas). Approximately 150 feet upstream of South Tamiami Trail None +13 North Colonial Waterway At the confluence with Ten Mile Canal None +17 City of Fort Myers. Approximately 400 feet upstream of Milan Drive None +17 Oak Creek At Imperial Street +10 +11 City of Bonita Springs. Approximately 1,000 feet upstream of Imperial Street +10 +11 Orange River Approximately 2.5 miles upstream of Palm Beach Boulevard +7 +8 Lee County (Unincorporated Areas). Approximately 2.5 miles upstream of Buckingham Road None +17 Owl Creek Approximately 1,000 feet downstream of North River Road +8 +7 Lee County (Unincorporated Areas). Approximately 0.2 mile upstream of Shirley Lane None +20 Palm Creek At downstream side of Bayshore Road +8 +7 Lee County (Unincorporated Areas). Approximately 50 feet downstream of Sharon Drive None +22 Pine Island Sound Approximately 500 feet west of intersection of State Route 767 and Helen Road +7 +6 Lee County (Unincorporated Areas), City of Sanibel. At intersection of Seair Lane and Sol Vista Drive on Captiva Island +10 +12 Popash Creek Approximately 0.3 mile upstream of Bayshore Road +8 +7 Lee County (Unincorporated Areas). At County boundary +26 +25 Powell Bypass At Weir Valencia +14 +12 Lee County (Unincorporated Areas). Approximately 2.0 miles upstream of Mellow Drive None +20 Powell Creek Approximately 0.3 mile upstream of Brooks Road +8 +7 Lee County (Unincorporated Areas). At Weir Valencia +14 +12 Powell Creek At confluence with Powell Creek +11 +7 Lee County (Unincorporated Areas). Tributary No. 1 Approximately 0.4 mile upstream of the confluence with Powell Creek +11 +10 San Carlos Bay At intersection of Sanibel Boulevard and Bay View Avenue +8 +7 Lee County (Unincorporated Areas), City of Cape Coral, City of Sanibel, Town of Fort Myers Beach. Approximately 500 feet south of intersection of Punta Rassa Road and McGregor Boulevard +17 +20 Six Mile Cypress At confluence with Ten Mile Canal None +13 Lee County (Unincorporated Areas), City of Fort Myers. Slough At State Route 82 None +22 South Branch At confluence with Estero River None +14 Lee County (Unincorporated Areas). At upstream side of I-75 None +17 Spanish Canal At confluence with Spanish Creek None +13 Lee County (Unincorporated Areas). Approximately 0.8 mile upstream of confluence with Spanish Creek None +18 Spanish Creek Approximately 900 feet upstream of confluence with Caloosahatchee River +7 +8 Lee County (Unincorporated Areas). Approximately 0.2 mile upstream of Persimmon Ridge Road None +19 Spring Creek Approximately 500 feet downstream of Railroad +10 +11 City of Bonita Springs. Approximately 0.4 mile upstream of Railroad None +13 Stricklin Gully At confluence with Trout Creek/Curry Lake Canal None +13 Lee County (Unincorporated Areas). Approximately 1.4 miles upstream of confluence with Trout Creek/Curry Lake Canal None +18 Stroud Creek Approximately 100 feet upstream of Bayshore Road +8 +7 Lee County (Unincorporated Areas). Approximately 0.2 mile upstream of St. Paul Road None +23 Telegraph Creek Approximately 1,000 feet upstream of confluence with Caloosahatchee River +7 +8 Lee County (Unincorporated Areas). Approximately 1.5 miles upstream of Telegraph Creek Lane None +18 Ten Mile Canal Approximately 1,500 feet downstream of Briarcliff Road +10 +11 Lee County (Unincorporated Areas), City of Fort Myers. At Hanson Street None +17 Trout Creek/Curry Lake Canal At downstream side of North River Road +7 +8 Lee County (Unincorporated Areas). At County boundary None +23 Winkler Canal Approximately 700 feet upstream of the confluence with Caloosahatchee River None +7 City of Fort Myers. Approximately 125 feet upstream of Evans Avenue None +14 Yellow Fever Creek Approximately 1,000 feet downstream of Pine Island Road None +7 Lee County (Unincorporated Areas), City of Cape Coral. Approximately 0.5 mile upstream of Littleton Road None +11 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES City of Bonita Springs Maps are available for inspection at the City of Bonita Springs Administration Office, 9101 Bonita Beach Road, Bonita Springs, Florida. Send comments to The Honorable Jay Arend, Mayor of the City of Bonita Springs, 9101 Bonita Beach Road, Bonita Springs, Florida 34135. City of Cape Coral Maps are available for inspection at the City of Cape Coral Community Development Department, 1015 Cultural Park Boulevard, Cape Coral, Florida. Send comments to The Honorable Eric Feichthaler, Mayor of the City of Cape Coral, P.O. Box 150027, Cape Coral, Florida 33915-0027. City of Fort Myers Maps are available for inspection at the City of Fort Myers Community Development Department, 1825 Hendry Street, Suite 101, Fort Myers, Florida. Send comments to Mr. Anthony Shoemaker, Fort Myers City Manager, P.O. Box 2217, Fort Myers, Florida 33902. Town of Fort Myers Beach Maps are available for inspection at the Town of Fort Myers Beach Council Chambers, 2523 Estero Boulevard, Fort Myers Beach, Florida. Send comments to The Honorable Dennis Boback, Mayor of the Town of Fort Myers Beach, 2523 Estero Boulevard, Fort Myers Beach, Florida 33931. City of Sanibel Maps are available for inspection at the Sanibel City Hall, Planning Department, 800 Dunlop Road, Sanibel, Florida. Send comments to The Honorable Carla Johnston, Mayor of the City of Sanibel, 800 Dunlop Road, Sanibel, Florida 33957. Lee County (Unincorporated Areas) Maps are available for inspection at the Lee County Community Development Department, 1500 Monroe Street, 2nd Floor, Fort Myers, Florida. Send comments to Ms. Tammy Hall, Chairperson for the Lee County Board of Commissioners, P.O. Box 398, Fort Myers, Florida 33902-0398. Burke County, North Carolina and Incorporated Areas Dye Branch At the confluence with McGalliard Creek None +1,078 Burke County (Unincorporated Areas), Town of Valdese. Approximately 655 feet upstream of Praley Street None +1,193 Sandy Run Approximately 1.7 miles upstream of the confluence with Hunting Creek None +1,113 Burke County (Unincorporated Areas). Approximately 2.4 miles upstream of the confluence with Hunting Creek None +1,156 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES Burke County (Unincorporated Areas) Maps are available for inspection at the Burke County Planning and Development Department, 110 North Green Street, Morganton, North Carolina. Send comments to Mr. Ron Lewis, Burke County Manager, P.O. Box 219, Morganton, North Carolina 28680. Town of Valdese Maps are available for inspection at the Valdese Town Hall, 121 Faet Street, Valdese, North Carolina. Send comments to The Honorable James Hatley, Mayor of the Town of Valdese, P.O. Box 339, Valdese, North Carolina 28690. Catawba County, North Carolina and Incorporated Areas Cline Creek Tributary 2 At the confluence with Cline Creek None +898 Catawba County (Unincorporated Areas), City of Conover. Approximately 1,300 feet upstream of I-40 None +911 Dellinger Creek At the confluence with Elk Shoal Creek +850 +851 Catawba County (Unincorporated Areas). Approximately 725 feet upstream of Rest Home Road None +960 Elk Shoal Creek Approximately 2,750 feet upstream of the confluence with Catawba River +848 +849 Catawba County (Unincorporated Areas). Approximately 2,000 feet upstream of Rest Home Road +942 +943 East Tributary At the confluence with McLin Creek None +943 Catawba County (Unincorporated Areas), City of Conover. McLin Creek Approximately 1,000 feet upstream of Keisler Road Southeast None +982 Geitner Branch At the confluence with Henry Fork +887 +890 Catawba County (Unincorporated Areas), City of Hickory. Approximately 1,900 feet upstream of 7th Avenue Southwest None +1,080 Long Creek At the confluence with McLin Creek +861 +860 Catawba County (Unincorporated Areas), City of Claremont, City of Conover. Approximately 1,400 feet upstream of Railroad None +988 Mull Creek Approximately 1,000 feet upstream of the confluence with Lyle Creek +820 +819 Catawba County (Unincorporated Areas), City of Claremont, City of Conover. Approximately 500 feet upstream of 9th Avenue Northeast None +1,002 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES Catawba County (Unincorporated Areas) Maps are available for inspection at the Catawba County Planning and Zoning Department, 100 A Southwest Boulevard, Newton, North Carolina. Send comments to Mr. Tom Lundy, Catawba County Manager, P.O. Box 389, Catawba, North Carolina 28658. City of Claremont Maps are available for inspection at the City of Claremont Planning Department, 3288 East Main Street, Claremont, North Carolina. Send comments to The Honorable Glenn A. Morrison, Mayor of the City of Claremont, 3288 East Main Street, Claremont, North Carolina 28610. City of Conover Maps are available for inspection at the Conover City Hall, 101 First Street East, Conover, North Carolina. Send comments to The Honorable Bruce Eckard, Mayor of the City of Conover, P.O. Box 549, Conover, North Carolina 28613. (Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”) Dated: December 13, 2006. David I. Maurstad, Director, Mitigation Division, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. E6-21681 Filed 12-19-06; 8:45 am] BILLING CODE 9110-12-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3AE6-21681. Public record. Not legal advice.