# Proposed Flood Elevation Determinations

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/fr%3AE6-4817

## Record

- **Collection:** Federal Register
- **Document type:** Proposed Rule
- **Published:** April 4, 2006
- **Citation:** 71 FR 16749

## Text

DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 67
[Docket No. FEMA-B-7459]
Proposed Flood Elevation Determinations

AGENCY:

Federal Emergency Management Agency (FEMA), Department of Homeland Security.

ACTION:

Proposed rule.

SUMMARY:

Technical information or comments are requested on the proposed Base (1% annual-chance) Flood Elevations (BFEs) and proposed BFE modifications for the communities listed below. The BFEs and modified 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:

Doug Bellomo, P.E., Hazard Identification Section, Mitigation Division, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-2903.

SUPPLEMENTARY INFORMATION:

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. No environmental impact assessment has been prepared.

Regulatory Flexibility Act
. The Mitigation Division Director of the Federal Emergency Management Agency certifies that this proposed rule is exempt from the requirements of the Regulatory Flexibility Act because proposed or modified BFEs are required by the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and are required to establish and maintain community eligibility in the NFIP. No regulatory flexibility analysis has been prepared.

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 rule involves no policies that have federalism implications under Executive Order 13132.

Executive Order 12988, Civil Justice Reform
. This 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

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
Efffective
Modified
Communities affected

Shoshone County, Idaho and Incorporated Areas

Coeur d'Alene River:
At western Shoshone County boundary approximately 800 feet South of Interstate Highway 90
None
+2149
Shoshone County Unincorporated Areas.

At western Shoshone County boundary on the landward side of the levee at community of Cataldo
*2150
+2155

Approximately 15,000 feet upstream from the western Shoshone County boundary
None
+2164

South Fork Coeur d'Alene River:
Approximately 1500 feet downstream of Theatre Road
*2221
2225
Shoshone County Unincorporated Areas.

Just downstream of Elizabeth Park Road Bridge
*2343
+2343
City of Kellogg, City of Smelterville.

South Fork Coeur d'Alene River—North Overbank Reach through Kellogg:
At west Brown Avenue west of Utah Street
#3
+2295
Shoshone County Unincorporated Areas, City of Kellogg.

Just north of Interstate Highway 90 after divergence from South Fork Coeur d'Alene River on Cameron Avenue East
#2
+2310

South Fork Coeur d'Alene River—South Overbank North Swale Reach:
At the City of Kellogg western corporate limit
None
+2243
Shoshone County Unincorporated Areas, City of Kellogg.

At divergence from South Fork Coeur d'Alene River. Just upstream of Interstate Highway 90 Bridge
None
+2284

South Fork Coeur d'Alene River—South Overbank Smelterville Reach:
Just South of Interstate Highway 90 bridge approximately 1000 feet upstream of Pine Creek confluence
None
+2198
Shoshone County Unincorporated Areas.

At confluence of Government Gulch
None
+2245
City of Kellogg, City of Smelterville.

South Fork Coeur d'Alene River—South Overbank South Kellogg Reach:
Approximately 1000 feet downstream of Hill Street
None
+2284
Shoshone County Unincorporated Areas, City of Kellogg.

Approximately 150 feet downstream of divergence from South Fork Coeur d'Alene River, at Division Street
None
+2310

South Fork Coeur d'Alene River—South Overbank South Swale Reach:
Approximately 1500 feet upstream from western corporated limit of the City of Kellogg.
None
+2251
Shoshone County Unincorporated Areas, City of Kellogg

At the confluence of South Overbank Southwest Kellogg Reach
None
+2282

South Fork Coeur d'Alene River—South Overbank Southwest Kellogg Reach:
At confluence with South Overbank South Swale Reach approximately 200 feet downstream of Bunker Avenue
None
+2284
Shoshone County Unincorporated Areas, City of Kellogg.

At divergence from South Fork Coeur d'Alene River
None
+2289

ADDRESSES:

Unincorporated areas of Shoshone County:

Maps are available for inspection at the Shoshone County Courthouse, 700 Bank Street, Suite 35, Wallace, Idaho 83873.

Send comments to Chairman Jim Vergobbi, Shoshone County, 700 Bank Street, Suite 120, Wallace, Idaho 83873.

City of Kellogg:

Maps are available for inspection at the City Hall, 1007 McKinley Street, Kellogg, Idaho 83837.

Send comments to Mayor Mac Pooler, City of Kellogg, 1007 McKinley Street, Kellogg, Idaho 83837.

City of Smelterville:

Maps are available for inspection at the City Hall, 501 Main Street, Smelterville, Idaho 83868.

Send comments to Mayor Tom Benson, City of Smelterville, P.O. Box 200, Smelterville, Idaho 83868.

De Soto County, Mississippi and Incorporated Areas

Arkabutla Reservoir
Flood pool
None
+245
De Soto County (Uninc. Areas).

Bean Patch Creek
At confluence with Camp Creek
None
+273
De Soto County (Uninc. Areas), City of Southaven.

At Pleasant Hill Road
*303
+302

At College Road
*336
+328

200 feet downstream of Getwell Road
None
+372

Bean Patch Creek Tributary 1
At confluence with Bean Patch Creek
None
+282
De Soto County (Uninc. Areas).

2444 feet upstream of Sandy Betts Road
None
+331

Bean Patch Creek Tributary 2
At confluence with Bean Patch Creek
None
+296
De Soto County (Uninc. Areas).

78 feet upstream of Itasca Drive
None
+347

Bean Patch Creek Tributary 3
At confluence with Bean Patch Creek
None
+303
De Soto County (Uninc. Areas).

1467 feet upstream of College Road
None
+337

Byhalia Creek
At confluence with Pigeon Roost Creek
None
+275
De Soto County (Uninc. Areas).

2638 feet upstream of Myers Road
None
+298

Camp Creek
At confluence with Coldwater River
None
+256
De Soto County (Uninc. Areas) City of Olive Branch.

At College Road
*298
+299

At Goodman Road
*329
+331

At Germantown Road
*348
+346

At Montrose Drive
None
+361

1790 feet upstream of Alexander Road
None
+372

Camp Creek Tributary 1
At confluence with Camp Creek
None
+273
De Soto County (Uninc. Areas).

180 feet upstream of Ross Road
None
+317

Camp Creek Tributary 2
At confluence with Camp Creek
None
+292
De Soto County (Uninc. Areas)

170 feet upstream of Dunn Lane
None
+348

Cane Creek Tributary 1
At confluence with Arkabutla Reservoir
None
+245
De Soto County (Uninc. Areas).

2100 feet upstream of Robertson Gin Road
None
+251

Cane Creek Tributary 1.1
At confluence with Cane Creek Tributary 1
None
+245
De Soto County (Uninc. Areas).

4300 feet upstream of confluence with Cane Creek Tributary 1
None
+245

Coldwater River
16200 feet downstream of Arkabutla Dam
None
+191
De Soto County (Uninc. Areas).

3318 feet downstream of Arkabutla Dam
None
+195

26735 feet downstream of Holly Springs Road
None
+245

2010 feet upstream of confluence with Coldwater River Tributary 8
None
+301

Coldwater River Tributary 5
At confluence with Coldwater River
None
+279
De Soto County (Uninc. Areas).

2390 feet upstream of Bethel Road
None
+299

Coldwater River Tributary 6
At confluence with Coldwater River
None
+283
De Soto County (Uninc. Areas).

160 feet downstream of Red Banks Road
None
+308

Coldwater River Tributary 7
At confluence with Coldwater River
None
+298
De Soto County (Uninc. Areas).

13233 feet upstream of Center Hill Road
None
+365

Coldwater River Tributary 7.1
At confluence with Coldwater River Tributary 7
None
+298
De Soto County (Uninc. Areas).

2515 feet upstream of Center Hill Road
None
+341

Coldwater River Tributary 8
At confluence with Coldwater River
None
+300
De Soto County (Uninc. Areas).

2038 feet upstream of Center Hill Road
None
+365

Coldwater River Tributary 8.1
At confluence with Coldwater River Tributary 8
None
+315
De Soto County (Uninc. Areas).

5004 feet upstream of confluence with Coldwater River Tributary 8
None
+368

Cow Pen Creek
At Goodman Road
*261
+261
City of Horn Lake.

At Nail Road
*275
+274

Dry Creek
At confluence with Coldwater River
None
+271
De Soto County (Uninc. Areas).

8348 feet upstream of Byhalia Road
None
+303

Horn Lake Creek Tributary 1
790 feet upstream of Goodman Road
None
+264
City of Horn Lake.

407 feet upstream of Nail Road
None
+292

Hurricane Creek
1535 feet upstream of Odom Road
None
+265
De Soto County (Uninc. Areas), City of Hernando.

423 feet upstream of Bridgemore Drive
None
+346

Hurricane Creek Tributary 2
1022 feet downstream of Horn Lake Road
None
+245
De Soto County (Uninc. Areas), City of Hernando.

12800 feet upstream of Horn Lake Road
None
+275

Hurricane Creek Tributary 3.1
1079 feet downstream of Nesbit Road
None
+262
De Soto County (Uninc. Areas), City of Hernando, City of Horn Lake, City of Southaven De Soto County (Uninc. Areas).

740 feet downstream of Highway 51
None
+300

Hurricane Creek Tributary 3.1.1
At confluence with Hurricane Creek Tributary 3.1
None
+262

600 feet upstream of Starlanding Road
None
+297

Hurricane Creek Tributary 3.1.2
At confluence with Hurricane Creek Tributary 3.1
None
+291
De Soto County (Uninc. Areas), City of Southaven.

255 feet downstream of Highway 51
None
+301

Hurricane Creek Tributary 4
At confluence with Hurricane Creek
None
+266
De Soto County (Uninc. Areas), City of Hernando.

850 feet downstream of Harrow Cove
None
+329

Hurricane Creek Tributary 5
At confluence with Hurricane Creek
None
+268
De Soto County (Uninc. Areas), City of Hernando.

4236 feet upstream of Pleasant Hill Road
None
+310

Hurricane Creek Tributary 6
At confluence with Hurricane Creek
None
+273
De Soto County (Uninc. Areas), City of Hernando.

90 feet downstream of Clubhouse Drive
None
+316

Hurricane Creek Tributary 7
At confluence with Hurricane Creek
None
+284
De Soto County (Uninc. Areas), City of Southaven.

423 feet upstream of Starlanding Road
None
+339

Hurricane Creek Tributary 7.1
At confluence with Hurricane Creek Tributary 7
None
+294
De Soto County (Uninc. Areas), City of Southaven.

760 feet upstream of Starlanding Road
None
+354

Hurricane Creek Tributary 8
At confluence with Hurricane Creek
None
+295
De Soto County (Uninc. Areas).

940 feet upstream of Getwell Road
None
+324

Jackson Creek
4620 feet upstream of confluence with Lake Cormorant Bayou
None
+200
De Soto County (Uninc. Areas).

712 feet upstream of confluence with Jackson Creek Tributary 1
None
+201

Jackson Creek Tributary 1
At confluence with Jackson Creek
None
+201
De Soto County (Uninc. Areas).

4665 feet upstream of Wilson Mills Road
None
+208

Johnson Creek
At confluence with Lake Cormorant Bayou
None
+208
De Soto County (Uninc. Areas), City of Horn Lake, Village of Memphis.

3645 feet upstream of Church Road
None
+249

Johnson Creek Tributary 1
At confluence with Johnson Creek
None
+208
De Soto County (Uninc. Areas), Village of Memphis.

1810 feet upstream of Cheatham Road
None
+208

Johnson Creek Tributary 2
At confluence with Johnson Creek
None
+210
De Soto County (Uninc. Areas), Village of Memphis.

300 feet upstream of Starlanding Road
None
+227

Johnson Creek Tributary 3
At confluence with Johnson Creek
None
+212
De Soto County (Uninc. Areas), Village of Memphis.

1490 feet downstream of Poplar Corner Road
None
+244

Johnson Creek Tributary 4
At confluence with Johnson Creek
None
+215
De Soto County (Uninc. Areas), Village of Memphis.

4171 feet upstream of Starlanding Road
None
+231

Johnson Creek Tributary 5
At confluence with Johnson Creek
None
+226
De Soto County (Uninc. Areas).

35 feet upstream of Fogg Road
None
+269

Johnson Creek Tributary 6
At confluence with Johnson Creek
None
+235
De Soto County (Uninc. Areas).

20 feet upstream of Fogg Road
None
+256

Lake Cormorant Bayou
At Green River Road
None
+200
De Soto County (Uninc. Areas).

500 feet downstream of confluence with Johnson Creek
None
+208

Lateral A
At confluence with Horn Lake Creek
None
+243
De Soto County (Uninc. Areas), City of Horn Lake, City of Southaven.

2506 feet upstream of Goodman Road
None
+276

Lateral A Tributary 1
At confluence with Lateral A
None
+246
City of Horn Lake

148 feet downstream of Horn Lake Road
None
+259

Licks Creek
At confluence with Camp Creek
*305
+306
De Soto County (Uninc. Areas), City of Olive Branch.

At U.S. Highway 78
*336
+334

At Lancaster Drive
None
+358

7700 feet upstream of Hacks Cross Road
None
+388

Mussacuna Creek
4630 feet downstream of Highway 51
None
+280
De Soto County (Uninc. Areas), City of Hernando.

1480 feet upstream of Highway 51
None
+307

Nolehoe Creek
At confluence with Camp Creek
*308
+308
City of Olive Branch, City of Southaven.

At Goodman Road
*348
+348

Norfolk Bayou
At confluence with Johnson Creek
None
+208
De Soto County (Uninc. Areas).

175 feet downstream of Highway 161
None
+208

Pigeon Roost Creek
At confluence with Coldwater River
None
+267
De Soto County (Uninc. Areas)

1550 feet downstream of Ingrams Mill Road
None
+277

Red Banks Creek
4330 feet upstream of Red Banks Road
None
+299
De Soto County (Uninc. Areas).

13140 feet upstream of Red Banks Road
None
+312

Short Creek
At confluence with Coldwater River
None
+267
De Soto County (Uninc. Areas)

9228 feet upstream of Byhalia Road
None
+331

Short Creek Tributary 1
At confluence with Short Creek
None
+271
De Soto County (Uninc. Areas).

3636 feet upstream of Byhalia Road
None
+297

Short Fork Creek
At confluence with Coldwater River
None
+255
De Soto County (Uninc. Areas), City of Hernando.

2953 feet upstream of Jaybird Road
None
+309

Short Fork Creek Tributary 1
At confluence with Short Fork Creek
None
+265
De Soto County (Uninc. Areas).

1731 feet upstream of Byhalia Road
None
+341

Short Fork Creek Tributary 2
At confluence with Short Fork Creek
None
+278
De Soto County (Uninc. Areas).

5387 feet upstream of Brights Road
None
+325

Short Fork Creek Tributary 3
At confluence with Short Fork Creek
None
+296
De Soto County (Uninc. Areas).

2594 feet upstream of confluence with Short Fork Creek
None
+304

Turkey Creek
At confluence with Camp Creek
None
+287
De Soto County (Uninc. Areas).

758 feet upstream of Woolsly Road
None
+351

Whites Creek
3740 feet upstream of confluence with Lake Cormorant Bayou
None
+199
De Soto County (Uninc. Areas).

7410 feet upstream of Wetonga Lane
None
+234

Whites Creek Tributary 1
At confluence with Whites Creek
None
+224
De Soto County.

2117 feet upstream of confluence with Whites Creek
None
+233

ADDRESSES:

Unincorporated Areas of De Soto County:

Maps are available for inspection at 365 Losher Street, Suite 310, Hernando, MS 38632.

Send comments to Mr. Tommy Lewis, President, De Soto County Board of Supervisors, 365 Losher Street, Suite 310, Hernando, MS 38632.

City of Hernando:

Maps are available for inspection at 475 W. Commerce Street, Hernando, MS 38632.

Send comments to the Honorable Chip Johnson, Mayor, City of Hernando, 475 W. Commerce Street, Hernando, MS 38632.

City of Horn Lake:

Maps are available for inspection as 3101 Goodman Road, Horn Lake, MS 38637

Send comments to the Honorable Nat Baker, Mayor, City of Horn Lake, 3101 Goodman Road, Horn Lake, MS 38637.

City of Olive Branch:

Maps are available for inspection at 9189 Pigeon Root, Olive Branch, MS 38654.

Send comments to the Honorable Samuel Rikard, Mayor, City of Olive Branch, 9189 Pigeon Root, Olive Branch, MS 38654.

City of Southaven:

Maps are available for inspection as 8710 Northwest Drive, Southaven, MS 38671.

Send comments to the Honorable Greg Davis, Mayor, City of Southaven, 8710 Northwest Drive, Southaven, MS 38671.

Village of Memphis:

Maps are available for inspection at P.O. Box 35, Walls, MS 38630.

Send comments to the Honorable Gene Alday, Mayor, Town of Walls, P.O. Box 35, Walls, MS 38630.

Ozark County, Missouri and Incorporated Areas

Becky Cobb Creek
Approximately 400 feet upstream of the confluence with Lick Creek
None
+765
Ozark County (Uninc. Areas), City of Gainesville.

Approximately 2800 feet downstream of County Road 102
None
+856

Bennetts Bayou
Approximately 9300 feet downstream of Highway 142
None
+670
Ozark County (Uninc. Areas), Village of Bakersfield.

Approximately 1400 feet upstream of the confluence with Unnamed Stream in Smith Hollow
None
+741

Harrison Creek
Approximately 1850 feet upstream of the confluence with Lick Creek
None
+749
Ozark County (Uninc. Areas), City of Gainesville.

Approximately 4750 feet upstream of First Road
None
+800

Hogard Creek
Approximately 500 feet upstream of the confluence with Lick Creek
None
+793
Ozark County (Uninc. Areas).

Approximately 8750 feet upstream of the confluence with Lick Creek
None
+856

Lick Creek
Approximately 7500 feet downstream of the confluence with Harrison Creek
None
+713
Ozark County (Uninc. Areas), City of Gainesville.

Approximately 5350 feet upstream of the confluence with Hogard Creek
None
+818

Turkey Creek
Approximately 1000 feet downstream of County Road 632
None
+698
Ozark County (Uninc. Areas).

Approximately 100 feet downstream of Highway 160
None
+806

Unnamed Stream in Ledbetter Hollow
Approximately 4850 feet upstream of the confluence with Pond Fork
None
+698
Ozark County (Uninc. Areas).

Approximately 700 feet downstream of Highway 95
None
+811

Unnamed Stream in Plumb Hollow
Approximately 1350 feet upstream of the confluence with Bennetts Bayou
None
+714
Ozark County (Uninc. Areas), Village of Bakersfield.

Approximately 1200 feet upstream of Highway 101
None
+769

Unnamed Stream in Smith Hollow
Approximately 500 feet upstream of the confluence with Bennetts Bayou
None
+740
Ozark County (Uninc. Areas).

Approximately 2400 feet upstream of the confluence with Bennetts Bayou
None
+755

ADDRESSES:

Unincorporated Areas of Ozark County:

Maps are available for inspection at Ozark County Courthouse, Gainesville, MO 65655.

Send comments to the Mr. Dave Morrision, Presiding Commissioner, Ozark County, P.O. Box 247, Gainesville, MO 65655.

City of Gainesville:

Maps are available for inspection at 4th and Harlin, Gainesville, MO 65655.

Send comments to the Honorable Tracey Amyx, Mayor, City of Gainesville, 4th and Harlin, Gainesville, MO 65655.

Village of Bakersfield:

Maps are available for inspection at 112 Watertower, Bakersfield, MO 65609.

Send comments to the Honorable Tony Johnson, Mayor, Village of Bakersfield, 112 Watertower, Bakersfield, MO 65609.

Laramie County, and Incorporated Areas

Allison Draw
At Confluence with Crow Creek
None
+5949
Laramie County (Uninc. Areas).

At West College Drive
None
+6017

South Fork Allison Draw
At Confluence with Allison Draw
None
+5993
Laramie County (Uninc. Areas).

At East College Drive
None
+6000

ADDRESSES:

Unincorporated Areas of Laramie County:

Maps are available for inspection at Laramie County Planning Department, 310 West 19th Street, Suite 400, Cheyenne, WY 82001.

Send comments to Commissioner Diane Humphrey, Chairman, Board of Commissioners, 310 West 19th Street, Suite 300, Cheyenne, WY 82001.

* National Geodetic Vertical Datum.
+ North American Vertical Datum.
# Depth in feet above ground.

(Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”)

David I. Maurstad,
Acting Director, Mitigation Division, Federal Emergency Management Agency, Department of Homeland Security.

[FR Doc. E6-4817 Filed 4-3-06; 8:45 am]
BILLING CODE 9110-12-P

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3AE6-4817. Public record. Not legal advice.