# Proposed Flood Elevation Determinations > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3AE7-15427 ## Record - **Collection:** Federal Register - **Document type:** Proposed Rule - **Published:** August 8, 2007 - **Citation:** 72 FR 44451 ## Text DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket No. FEMA-B-7728 and FEMA-D-7812] 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 Crawford County, Arkansas, and Incorporated Areas Louemma Creek At the intersection of Northhills Blvd +460 +459 City of Van Buren. At the intersection with Rena Road +486 +487 Town Branch Intersection with 20th St. +421 +420 City of Van Buren. Intersection with Alma +441 +445 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES City of Van Buren Maps are available for inspection at 1003 Broadway, Van Buren, AR 72956. Send comments to The Honorable Bob Freeman, Mayor, 1003 Broadway, Van Buren, AR 72956. Davie County, North Carolina and Incorporated Areas Baxter Creek At the confluence with Bear Creek None +680 Unincorporated Areas of Davie County. Approximately 1.1 miles upstream of the confluence with Bear Creek None +692 Bear Creek At the confluence with South Yadkin River None +671 Unincorporated Areas of Davie County, Town of Mocksville. Approximately 310 feet downstream of Duke Whittaker Road (State Road 1316) None +811 Tributary 1 At the confluence with Bear Creek None +688 Unincorporated Areas of Davie County. Approximately 580 feet upstream of Railroad None +698 Tributary 2 At the confluence with Bear Creek None +700 Unincorporated Areas of Davie County, Town of Mocksville. Approximately 740 feet upstream of South Davie Drive None +769 Tributary 3 At the confluence with Bear Creek None +708 Unincorporated Areas of Davie County, Town of Mocksville. Approximately 860 feet upstream of Valley Road None +763 Tributary 3A At the confluence with Bear Creek Tributary 3 None +715 Unincorporated Areas of Davie County, Town of Mocksville. Approximately 0.5 mile upstream of the confluence of Bear Creek Tributary 3 None +743 Tributary 4 At the confluence with Bear Creek None +711 Unincorporated Areas of Davie County, Town of Mocksville. Approximately 240 feet upstream of U.S. 64 Highway W None +735 Tributary 5 At the confluence with Bear Creek None +767 Unincorporated Areas of Davie County. Approximately 410 feet upstream of Ralph Ratledge Road (State Road 1312) None +776 Beaver Creek At the confluence with Hunting Creek None +702 Unincorporated Areas of Davie County. Approximately 90 feet downstream of Castle Lane None +731 Tributary 1 At the confluence with Beaver Creek None +703 Unincorporated Areas of Davie County. Approximately 0.6 mile upstream of U.S. 64 Highway W None +738 Becks Spring Branch At the confluence with Dutchman Creek None +699 Unincorporated Areas of Davie County. Approximately 0.6 mile upstream of Eatons Church Road (State Road 1415) None +726 Bryant Branch At the confluence with Dutchman Creek None +690 Unincorporated Areas of Davie County. Approximately 120 feet upstream of Lutz Lane None +715 Buffalo Creek At the confluence with Dutchman Creek None +669 Unincorporated Areas of Davie County. Approximately 1.2 miles upstream of Milling Road None +690 Cain Mill Branch At the confluence with Steelman Creek None +795 Unincorporated Areas of Davie County. At the Davie/Yadkin County boundary None +795 Carter Creek At the confluence with Yadkin River +700 +692 Unincorporated Areas of Davie County. At NC 801 +700 +699 Tributary At the confluence with Carter Creek +700 +692 Unincorporated Areas of Davie County. Approximately 0.7 mile upstream of the confluence with Carter Creek +700 +698 Cedar Creek At the confluence with Dutchman Creek None +673 Unincorporated Areas of Davie County. Approximately 2.4 miles upstream of Wyo Road (State Road 1430) None +784 Chinquapin Creek At the confluence with Dutchman Creek None +729 Unincorporated Areas of Davie County. At the Davie/Yadkin County boundary None +788 Cody Creek The confluence with the Yadkin River None +658 Unincorporated Areas of Davie County. Approximately 0.5 mile upstream of NC 801 None +709 Cub Creek At the confluence with Cedar Creek None +674 Unincorporated Areas of Davie County. Approximately 1.0 mile upstream of the confluence with Cedar Creek None +687 Dry Branch At the confluence with Dutchman Creek None +737 Unincorporated Areas of Davie County. Approximately 0.7 mile upstream of Chinquapin Road None +781 Dutchman Creek At the confluence with the Yadkin River None +661 Unincorporated Areas of Davie County. Approximately 0.4 mile upstream of Amber Hill Road (State Road 1325) None +811 Tributary 2 At the confluence with Dutchman Creek None +661 Unincorporated Areas of Davie County. Approximately 0.6 mile upstream of NC 801 None +681 Tributary 3 At the confluence with Dutchman Creek None +661 Unincorporated Areas of Davie County. Approximately 1.2 miles upstream of Frank Short Road None +705 Tributary 4 At the confluence with Dutchman Creek None +683 Unincorporated Areas of Davie County. Approximately 640 feet upstream of Woodward Road (State Road 1407) None +695 Tributary 5 At the confluence with Dutchman Creek None +776 Unincorporated Areas of Davie County. Approximately 1.0 mile upstream of Ben Anderson Road (State Road 1321) None +800 Tributary 6 At the confluence with Dutchman Creek None +784 Unincorporated Areas of Davie County. Approximately 300 feet upstream of Davie/Iredell County boundary None +822 Elisha Creek At the confluence with Dutchman Creek None +667 Unincorporated Areas of Davie County, Town of Mocksville. Approximately 1,560 feet upstream of the confluence of Elisha Creek Tributary None +712 Tributary At the confluence with Elisha Creek None +706 Unincorporated Areas of Davie County, Town of Mocksville. Approximately 0.8 mile upstream of the confluence with Elisha Creek None +719 Elsworth Creek At the confluence with Dutchman Creek None +664 Unincorporated Areas of Davie County. Approximately 1.2 miles upstream of Williams Road (State Road 1610) None +699 Frost Mill Creek At the confluence with Dutchman Creek None +688 Unincorporated Areas of Davie County. Approximately 0.4 mile upstream of Cana Road (State Road 1408) None +744 Fulton Creek At the confluence with the Yadkin River None +677 Unincorporated Areas of Davie County. Approximately 1,080 feet upstream of Markland Road (State Road 1618) None +714 Greasy Creek At the confluence with Dutchman Creek None +699 Unincorporated Areas of Davie County. Approximately 2.0 miles upstream of Eatons Church Road (State Road 1415) None +757 Hauser Creek Approximately 100 feet downstream of the Davie/Yadkin County boundary None +711 Unincorporated Areas of Davie County. Approximately 0.7 mile upstream of Spillman Road (State Road 1458) None +725 Howard Branch At the confluence with Dutchman Creek None +730 Unincorporated Areas of Davie County. Approximately 1.3 miles upstream of Jack Booe Road (State Road 1330) None +772 Humpy Creek At the confluence with Dutchman Creek None +661 Unincorporated Areas of Davie County. Approximately 680 feet upstream of Riverview Road (State Road 1814) None +686 Hunting Creek At the confluence with South Yadkin River None +674 Unincorporated Areas of Davie County. At the Davie/Iredell County boundary None +724 Tributary 1 At the confluence with Hunting Creek None +690 Unincorporated Areas of Davie County. Approximately 140 feet downstream of Godbey Road (State Road 1150) None +707 Tributary 1A At the confluence with Hunting Creek Tributary 1 None +690 Unincorporated Areas of Davie County. Approximately 1,420 feet upstream of I-40 Highway W None +701 Tributary 2 At the confluence with Hunting Creek None +715 Unincorporated Areas of Davie County. Approximately 0.4 mile upstream of County Line Road (State Road 1338) None +752 Tributary 3 At the confluence with Hunting Creek None +719 Unincorporated Areas of Davie County. Approximately 0.8 mile upstream of the confluence with Hunting Creek None +731 Leonard Creek At the confluence with Dutchman Creek None +666 Unincorporated Areas of Davie County, Town of Mocksville. Approximately 1,610 feet upstream of the confluence of Leonard Creek Tributary 1 None +698 Tributary 1 At the confluence with Leonard Creek None +689 Unincorporated Areas of Davie County, Town of Mocksville. Approximately 500 feet upstream of the confluence of Leonard Creek Tributary 1B None +739 Tributary 1A At the confluence with Leonard Creek Tributary 1 None +701 Unincorporated Areas of Davie County, Town of Mocksville. Approximately 0.8 mile upstream of the confluence with Leonard Creek Tributary 1 None +725 Little Bear Creek At the confluence with Bear Creek None +739 Unincorporated Areas of Davie County. Approximately 700 feet downstream of Black Welder Road (State Road 1309) None +798 Little Creek (North) At the confluence with South Yadkin River None +682 Unincorporated Areas of Davie County. Approximately 100 feet upstream of the Davie/Iredell County boundary None +799 Little Creek Tributary 1 At the confluence with Little Creek (North) None +750 Unincorporated Areas of Davie County. Approximately 640 feet upstream of Crescent Drive (State Road 1157) None +760 Nelson Creek At the confluence with Elisha Creek None +693 Unincorporated Areas of Davie County, Town of Mocksville. Approximately 0.5 mile upstream of the confluence of Nelson Creek Tributary 1 None +740 Tributary 1 At the confluence with Nelson Creek None +723 Town of Mocksville. Approximately 660 feet upstream of Park Avenue None +758 Tributary 1A At the confluence with Nelson Creek Tributary 1 None +726 Town of Mocksville. Approximately 1,260 feet upstream of the confluence with Nelson Creek Tributary 1 None +752 No Creek At the confluence with Dutchman Creek None +661 Unincorporated Areas of Davie County. Approximately 0.5 mile upstream of U.S. Highway 64 None +689 Noland Creek At the confluence with Dutchman Creek None +675 Unincorporated Areas of Davie County. Approximately 1,430 feet upstream of McClamrock Road (State Road 1640) None +687 Tributary 1 At the confluence with Noland Creek None +676 Unincorporated Areas of Davie County. Approximately 0.4 mile upstream of McClamrock Road None +695 Peeler Creek At the confluence with Cody Creek None +658 Unincorporated Areas of Davie County. Approximately 0.6 mile upstream of Will Boone Road (State Road 1802) None +696 Peoples Creek At the confluence with the Yadkin River None +684 Unincorporated Areas of Davie County. Approximately 1.5 miles upstream of Palomino Road None +770 Reedy Creek At the confluence with the Yadkin River None +653 Unincorporated Areas of Davie County. Approximately 400 feet downstream of Cherry Hill Road (State Road 1819) None +671 Sheek Creek At the confluence with the Yadkin River None +702 Unincorporated Areas of Davie County, Town of Bermuda Run. Approximately 1,640 feet upstream of Double A Trail None +722 Smith Creek Approximately 1,000 feet upstream of Kingsmill Drive +701 +700 Unincorporated Areas of Davie County, Town of Bermuda Run. Approximately 1,510 feet upstream of I-40 Highway W None +746 South Yadkin River At the confluence with Yadkin River None +648 Unincorporated Areas of Davie County, Town of Cooleemee. Approximately 400 feet upstream of the Rowan/Davie/Iredell County boundary None +698 Tributary 1 At the confluence with South Yadkin River None +656 Unincorporated Areas of Davie County. Approximately 0.7 mile upstream of the confluence with South Yadkin River None +669 Tributary 2 At the confluence with South Yadkin River None +656 Unincorporated Areas of Davie County. Approximately 2,000 feet upstream of the confluence of South Yadkin River Tributary 2B None +656 Tributary 2A At the confluence with South Yadkin River Tributary 2 None +656 Unincorporated Areas of Davie County. Approximately 1,590 feet downstream of Pine Ridge Road (State Road 1103) None +656 Tributary 2B At the confluence with South Yadkin River Tributary 2 None +656 Unincorporated Areas of Davie County. Approximately 0.4 mile upstream of the confluence with South Yadkin River Tributary 2 None +660 Tributary 3 At the confluence with South Yadkin River None +690 Unincorporated Areas of Davie County. Approximately 0.6 mile upstream of the confluence with South Yadkin River None +691 Tributary 4 At the confluence with South Yadkin River None +693 Unincorporated Areas of Davie County. Approximately 0.5 mile upstream of the confluence with South Yadkin River None +695 Steelman Creek At the confluence with Dutchman Creek None +740 Unincorporated Areas of Davie County. Approximately 0.4 mile upstream of the confluence of Cain Mill Branch None +769 Sugar Creek At the confluence with Cedar Creek None +681 Unincorporated Areas of Davie County. Approximately 370 feet upstream of Bobbit Road (State Road 1444) None +742 Tributary 1 At the confluence with Sugar Creek None +729 Unincorporated Areas of Davie County. Approximately 80 feet downstream of Rainbow Road (State Road 1441) None +737 Yadkin River Approximately 1,200 feet downstream of the confluence of South Yadkin River None +648 Unincorporated Areas of Davie County, Town of Bermuda Run. Approximately 1,500 feet upstream of the Forsyth/Davie/Yadkin County boundary None +711 Tributary 1 At the confluence with the Yadkin River None +678 Unincorporated Areas of Davie County. Approximately 780 feet upstream of Todd Road (State Road 1645) None +678 Tributary 3 At the confluence with Yadkin River +704 +695 Town of Bermuda Run. Approximately 450 feet upstream of Bridge Street None +703 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES Town of Bermuda Run Maps are available for inspection at Bermuda Run Town Hall, 169 Yadkins Valley Road, Suite 100, Advance, North Carolina. Send comments to The Honorable John Ferguson, Mayor of the Town of Bermuda Run, 169 Yadkins Valley Road, Suite 100, Advance, North Carolina 27006. Town of Cooleemee Maps are available for inspection at Davie County Courthouse, 140 South Main Street, Mocksville, North Carolina. Send comments to The Honorable John Chandler, Mayor of the Town of Cooleemee, P.O. Box 1080, Cooleemee, North Carolina 27014. Town of Mocksville Maps are available for inspection at Mocksville Town Hall, 171 Clement Street, Mocksville, North Carolina. Send comments to The Honorable Francis Slate, Mayor of the Town of Mocksville, 171 Clement Street, Mocksville, North Carolina 27028. Unincorporated Areas of Davie County Maps are available for inspection at Davie County Development Services, 172 Clement Street, Mocksville, North Carolina. Send comments to Mr. Terry Bralley, Davie County Manager, 172 Clement Street, Mocksville, North Carolina 27028. Orange County, North Carolina, and Incorporated Areas Dry Branch At the confluence with New Hope Creek Tributary 1 +285 +286 Town of Chapel Hill. Approximately 870 feet upstream of Silver Creek Trail None +397 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES Town of Chapel Hill Maps are available for inspection at Chapel Hill Town Hall, Stormwater Management Program Office, 209 North Columbia Street, Chapel Hill, North Carolina. Send comments to The Honorable Kevin C. Foy, Mayor of the Town of Chapel Hill, 405 Martin Luther King Jr. Boulevard, Chapel Hill, North Carolina 27514. (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: July 26, 2007. David I. Maurstad, Federal Insurance Administrator of the National Flood Insurance Program, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E7-15427 Filed 8-7-07; 8:45 am] BILLING CODE 9110-12-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3AE7-15427. Public record. Not legal advice.