# Proposed Flood Elevation Determinations > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3AE7-13616 ## Record - **Collection:** Federal Register - **Document type:** Proposed Rule - **Published:** July 13, 2007 - **Citation:** 72 FR 38543 ## Text DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket No. FEMA-B-7724] 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 Directorate, 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 Baker County, Florida, and Incorporated Areas Barber Bay Tributary At confluence with South Prong Saint Marys River None +85 City of Macclenny. At confluence with South Prong Saint Marys River None +85 1100 feet upstream of County Road 228 None +124 3000 feet upstream of County Road 228 None +128 South Prong Saint Marys River 6459 feet downstream from the confluence with Barber Bay Tributary +80 +79 Baker County (Unincorporated Areas). 8800 feet upstream from the confluence with South Prong St. Mary's River Tributary 8 None +100 Tributary 8 At confluence with South Prong Saint Marys River None +97 Baker County (Unincorporated Areas). Turkey Creek At confluence with South Prong Saint Marys River None +94 Baker County (Unincorporated Areas). 1680 feet upstream of the confluence with Turkey Creek Tributary 2 None +111 1250 feet upstream of Barber Road None +116 810 feet downstream of Barber Road None +117 Tributary 1 At confluence with Turkey Creek None +95 Baker County (Unincorporated Areas). 8960 feet upstream of State Highway 121 None +138 Tributary 1.1 At confluence with Turkey Creek Tributary 1.1 None +98 Baker County (Unincorporated Areas). 1190 feet upstream of Woodlawn Road None +117 1280 feet upstream of Woodlawn Road None +118 1940 feet upstream of Woodlawn Road None +119 Tributary 2 At confluence with Turkey Creek None +109 City of Macclenny. 3080 feet upstream of the confluence with Turkey Creek Tributary 2.1 None +125 3080 feet upstream of the confluence with Turkey Creek Tributary 2.1 None +125 145 feet upstream of U.S. Highway 90 None +129 At Interstate 10 None +129 Tributary 2.1 At confluence with Turkey Creek Tribuatry 2 None +115 City of Macclenny. At Powerline Road None +122 At Powerline Road None +122 3040 feet upstream of Canal Road None +132 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES City of Macclenny Maps are available for inspection at 32 South 5th Street, Macclenny, FL 32063. Send comments to The Honorable Gary Dopson, Mayor, City of Macclenny, 55 North 3rd Street, Macclenny, FL 32063. Baker County (Unincorporated Areas) Maps are available for inspection at 55 North 3rd Street, Macclenny, FL 32063. Send comments to Mr. Joe Cone, County Manager, 55 North 3rd Street, Macclenny, FL 32063. Jackson County, Illinois, and Incorporated Areas Big Muddy River Approximately 4,050 ft above South 20th Street None +372 Jackson County (Unincorporated Areas). Approximately 4,810 ft above North Cleveland Street None +375 Crab Orchard Creek Approximately 100 feet downstream of Helm Road None +380 Jackson County (Unincorporated Areas). Approximately 1500 feet south of Dillinger Road None +383 Drury Creek Approximately 1,500 feet north of the termination of Church Street None +434 Jackson County (Unincorporated Areas). Approximately 700 feet south of the intersection of Giant City Road and Springer Ridge Road None +437 Mississippi River Approximately 900 feet downstream of Grand Tower Road extended +372 +370 City of Grand Tower. Approximately 720 feet above 25th Street extended +375 +371 Mississippi River Approximately at Muntz Road Alignment (Mouth of Big Muddy River) Union/Jackson County Boundary None +368 Village of Gorham, Jackson County (Unincorporated Areas). Approximately at Levee Road (Mouth of Degognia Creek) Randolph/Jackson County Boundary None +383 North Fork 280 feet east of 8th Street None +387 Jackson County (Unincorporated Areas). 200 feet east of 8th Street None +388 North Tributary Approximately at the railroad None +402 Jackson County (Unincorporated Areas). Approximately at Town Road (West Road) None +402 Pond Creek Approximately at the railroad crossing at the North boundary of Murphysboro None +399 Jackson County (Unincorporated Areas). Approximately at Cochran Road None +401 South Tributary East of Roosevelt Street (US 51) None +394 Jackson County (Unincorporated Areas). At Town Road (West Road) None +403 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES City of Grand Tower Maps are available for inspection at 201 Market Street, Grand Tower City Hall, Grand Tower, IL 62942. Send comments to The Honorable Randy Ellet, Mayor, City of Grand Tower, P.O. Box 273, Grand Tower, IL 62942. Jackson County (Unincorporated Areas) Maps are available for inspection at 20 South 10th Street, County Assessment Office, Murphysboro, IL 62966. Send comments to The Honorable John Evans, County Board Chairman, Jackson County, Illinois, 1001 Walnut Street, Jackson County Courthouse, Murphysboro, IL 62966. Village of Gorham Maps are available for inspection at 306 Washington Street, Gorham City Hall, Gorham, IL 62940. Send comments to The Honorable Ralph Stone, Village President, Village of Gorham, 306 Washington Street, Gorham, IL 62940. Union County, Illinois, and Incorporated Areas Mississippi River Alexander/Union County Boundary, approximately 3,000 feet upstream of the Mouth of Picayune Chute in Alexander County +359 +354 Union County (Unincorporated Areas). Approximately 5,480 feet above Muddy Levee Road +371 +369 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES Union County (Unincorporated Areas) Maps are available for inspection at 311 West Market Street, Union County Clerk, Jonesboro, IL 62952. Send comments to The Honorable Bill Jackson, County Board Chairman, Union County, Illinois, 309 West Market Street, Room 100, Jonesboro, IL 62952. Tunica County, Mississippi, and Incorporated Areas Buck Island Bayou At Fields Road None +189 Tunica County (Unincorporated Areas). At Highway 3 None +189 Jack Lake Bayou At Jack Lake Crossing None +189 Tunica County (Unincorporated Areas). At Verner Road None +191 Minton Bayou At confluence with Jack Lake Bayou None +189 Tunica County (Unincorporated Areas). At Fields Road None +190 White Oak Bayou At Highway 4 None +181 Tunica County (Unincorporated Areas). At Highway 61 None +186 Tributary At Academy Road +189 +190 Town of Tunica. At Fox Island Road +191 +192 Tunica County (Unincorporated Areas). * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES Town of Tunica Maps are available for inspection at Town Hall, 909 River Road, Tybuca, MS 38676. Send comments to The Honorable Lynn Sturgill, Mayor, Town of Tunica, P.O. Box 395, Tunica, MS 38676. Tunica County (Unincorporated Areas) Maps are available for inspection at Office of Planning and Development, 1061 South Court Street, Tunica, MS 38676. Send comments to Mr. Cedric Burnett, President, Tunica County Board of Supervisors, P.O. Box 639, Tunica, MS 38676. Waller County, Texas, and Incorporated Areas Cane Island Branch Intersection with U.S. 190 +142 +137 City of Katy. Approximately 535 feet upstream of Clay Road intersection None +158 Cypress Creek Intersection with private road contiguous with county line +171 +170 Waller County (Unincorporated Areas). Confluence with Mound Creek +186 +185 East Fork Mound Creek Confluence with Mound Creek +223 +221 City of Waller. 200 feet upstream of Taylor intersection +248 +249 Waller County (Unincorporated Areas). Mound Creek Approximately 1800 feet downstream from confluence with Tributary 7.62 of Mound Creek +216 +217 City of Waller. Approximately 1000 feet upstream of confluence with Tributary 7.62 of Mound Creek +216 +219 Spring Creek 3800 feet downstream of intersection with Nichols Rd None +202 City of Waller. 850 feet upstream of 1736 intersection None +291 Tributary 7.62 of Mound Creek Confluence with Mound Creek +217 +218 Waller County (Unincorporated Areas). Approximately 4000 feet upstream of confluence with Mound Creek +221 +224 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES City of Katy Maps are available for inspection at 910 Avenue C, Katy, TX 77493. Send comments to The Honorable Doyle Callender, Mayor, P.O. Box 617, Katy, TX 77492. City of Waller Maps are available for inspection at P.O. Box 239, Waller, TX 77484. Send comments to The Honorable Dwayne Hajek, Mayor, P.O. Box 239, Waller, TX 77484. Waller County (Unincorporated Areas) Maps are available for inspection at 775 Business 290 East, Hempstead, TX 77445. Send comments to The Honorable Owen Ralston, County Judge, 836 Austin St., Ste. 203, Hempstead, TX 77445. Fond Du Lac County, Wisconsin, and Incorporated Areas McDermott Creek Approximately 0.4 mile downstream of County Highway T None +777 City of Fond Du Lac. Approximately 0.4 mile upstream of County Highway T None +808 Fond Du Lac County (Unincorporated Areas). Mosher Creek Approximately 300 feet upstream of U.S. Highway 45 (Lakeshore Drive) +750 +749 Village of North Fond Du Lac Approximately 200 feet upstream of McKinley Street +768 +767 Fond Du Lac County (Unincorporated Areas). Rush Lake Approximately 0.6 mile Northwest of the intersection of Island Road and Elbow Road None +823 Fond Du Lac County (Unincorporated Areas). Approximately 0.5 mile Northeast of the intersection of Rich Road and County Highway E None +823 South Branch Rock River Just downstream of Northbound U.S. Highway 151 None +871 Fond Du Lac County (Unincorporated Areas). Just upstream of Southbound U.S. Highway 151 None +871 Taycheedah Creek Approximately 0.5 mile downstream of DuCharme Parkway +753 +754 City of Fond Du Lac. Just downstream of state Highway 23 +767 +768 Fond Du Lac County (Unincorporated Areas). * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES City of Fond Du Lac Maps are available for inspection at City Hall, 160 South Macy Street, Fond Du Lac, WI 54935-0150. Send comments to Tom Herre, City Manager, City of Fond Du Lac, Post Office Box 150, Fond du Lac, WI 54936. Unincorporated Areas of Fond Du Lac County Maps are available for inspection at Fond Du Lac County Courthouse, 160 South Macy Street, Fond Du Lac, WI 54935. Send comments to Allen Buechel, County Executive, Fond Du Lac County, 160 South Macy Street, Fond Du Lac, WI 54935. Village of North Fond Du Lac Maps are available for inspection at Village Hall, Village of North Fond Du Lac, 16 Garfield Street, North Fond Du Lac, WI 54937-1399. Send comments to Charles Hornung, Village President, Village of North Fond Du Lac, 16 Garfield Street, North Fond Du Lac, WI 54937. Jefferson County, Wisconsin, and Incorporated Areas Koshkonong Creek Just upstream of Rockdale Road +796 +795 Jefferson County (Unincorporated Areas). Approximately 1,200 feet upstream of Bridge Street +844 +843 Maunesha River Approximately 1,500 feet downstream of Highway 19 None +830 City of Waterloo. Approximately 1,000 feet downstream of Highway 19 None +830 Unnamed Stream Approximately 1,500 feet downstream of County Highway C None +804 Jefferson County (Unincorporated Areas). Just downstream of County Highway C None +804 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES City of Waterloo Maps are available for inspection at City Hall, 136 North Monroe Street, Waterloo, WI 53594. Send comments to The Honorable Robert Thompson, Mayor, City of Waterloo, City Hall, 136 North Monroe Street, Waterloo, WI 53594. Jefferson County (Unincorporated Areas) Maps are available for inspection at Jefferson County Courthouse, 320 South Main Street, Room 201, Jefferson, WI 53549. Send comments to Ms. Sharon L. Schmeling, Chairperson, Jefferson County Board, Jefferson County Courthouse, 320 South Main Street, Room 201, Jefferson, WI 53549. (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: July 3, 2007. David I. Maurstad, Federal Insurance Administrator of the National Flood Insurance Program, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E7-13616 Filed 7-12-07; 8:45 am] BILLING CODE 9110-12-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3AE7-13616. Public record. Not legal advice.