Proposed Flood Elevation Determinations

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-B-7709]

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

Sandoval County, New Mexico and Incorporated Areas

Tributary A (southern split)

Approximately 130 feet upstream from the convergence with Tributary A

None

+5417

City of Rio Rancho.

Approximately 115 feet upstream from 11th street

None

+5436

* National Geodetic Vertical Datum.

# Depth in feet above ground.

+ North American Vertical Datum.

ADDRESSES

City of Rio Rancho

Maps are available for inspection at 3900 Southern Blvd, Rio Rancho, NM 87124.

Send comments to The Honorable Kevin Jackson, Mayor, City of Rio Rancho, 3900 Southern Blvd, PO Box 15550, Rio Rancho, NM 87124.

Bell County, Texas and Incorporated Areas

Acorn Creek

Approximately 300 feet upstream from confluence with Trimmier Creek

None

+678

City of Killeen.

Approximately 1.33 miles from Stagecoach Road

None

+807

Caprice Ditch (Formerly Site Tributary 7)

Confluence with Nolan Creek

None

+740

City of Harker Heights.

Intersection with Schwald Road

None

+854

City of Killeen Bell County (Unincorporated Areas).

Chaparral Creek

Approximately 300 feet upstream from the confluence with Trimmier Creek

None

+727

City of Killeen Bell County (Unincorporated Areas).

Approximately 960 feet upstream from the Chaparral Road

None

+839

Edgefield Creek

Approximately 936 feet upstream from the confluence with South Nolan Creek

None

+912

City of Killeen.

Approximately 700 feet upstream from Edgefield Street

None

+944

Embers Creek

Confluence with Trimmier Creek

None

+774

City of Killeen.

Approximately 2060 feet upstream from Stagecoach Road

None

+807

Fryers Creek

Approximately 100 feet upstream from Waters Dairy Road

*591

+590

City of Temple.

Approximately 500 feet downstream from State Highway 363

*623

+622

Harker Heights Tributary 4

Confluence with Nolan Creek

*740

+746

City of Harker Heights.

Approximately 300 feet upstream from Stillwood Drive

*774

+773

City of Killeen.

Hilliard Creek

Confluence with Long Branch Ditch

None

+801

City of Killeen.

Approximately 440 feet upstream from Transverse Drive

None

+839

Hilliard Tributary 1

Confluence with Hilliard Creek

None

+830

City of Killeen.

Approximately 1300 feet upstream from confluence with Hilliard Creek

None

+845

Hog Pen Creek

Approximately 1000 feet upstream from Poison Oak Road

None

+547

City of Temple.

Approximately 1150 feet upstream from FM2305

None

+619

Tributary 1

Confluence with Hog Pen Creek

None

+575

City of Temple.

Approximately 1500 feet upstream from the confluence with Hog Pen Creek

None

+592

Tributary 2

Confluence with Hog Pen Creek

None

+561

City of Temple.

Approximately 1000 feet upstream from Tarver Drive

None

+596

Liberty Ditch (Formerly Nolan Creek Tributary 3)

Confluence with Nolan Creek

+779

+783

City of Killeen.

Approximately 740 feet upstream from Poage Avenue

None

+845

Little Nolan Creek

Confluence with Nolan Creek

*747

+751

City of Killeen.

West Trimmier Drive

*904

+908

Long Branch Ditch (Formerly Long Branch)

Confluence with Nolan Creek

*762

+765

City of Killeen.

County Boundary

*826

+827

North Reese Creek

Approximately 625 feet downstream from Reese Creek Highway

None

+873

City of Killeen, Bell County (Unincorporated Areas).

Approximately 4125 feet upstream from Laura Drive

None

+939

Tributary 1

Approximately 400 feet downstream from Maxdale Street

None

+885

City of Killeen Bell County (Unincorporated Areas).

Approximately 920 feet upstream from Bunny Trail

None

+953

Tributary 1A

Approximately 178 feet upstream from confluence with North Reese Creek Tributary 1

None

+944

Bell County (Unincorporated Areas).

Approximately 1638 feet upstream from the confluence with North Reese Creek Tributary 1

None

+965

Tributary 3

Approximately 1630 feet upstream from confluence with North Reese Creek

None

+867

City of Killeen Bell County (Unincorporated Areas).

Approximately 2700 feet upstream from Stagecoach Road

None

+916

Tributary 4

Approximately 960 feet upstream from confluence with North Reese Creek

None

+877

City of Killeen.

Approximately 1620 feet upstream from confluence with North Reese Creek

None

+890

Old Florence Ditch (Formerly Little Nolan Creek Tributary 2)

Confluence with Little Nolan Creek

*822

+825

City of Killeen.

Approximately 220 feet upstream from Trimmier Road

None

+897

Rainforest Creek

Approximately 515 feet upstream from confluence with South Nolan Creek

None

+901

City of Killeen.

Approximately 1740 feet upstream from Waterfall Road

None

+935

Robinette Creek

Approximately 324 feet upstream from confluence with South Nolan Creek

None

+935

City of Killeen.

Approximately 920 feet upstream from Robinette Road

None

+949

Rock Creek

Approximately 3000 feet downstream from Chaparral Road

None

+824

City of Killeen, Bell County (Unincorporated Areas).

Approximately 3500 feet upstream from Chaparral Road

None

+877

Tributary 1

Approximately 268 feet upstream from confluence with Rock Creek

None

+827

City of Killeen, Bell County (Unincorporated Areas).

Approximately 1740 feet upstream from Chaparral Road

None

+862

Tributary 1A

Approximately 450 feet upstream from confluence with Rock Creek Tributary 1

None

+835

Bell County (Unincorporated Areas).

Approximately 1140 feet upstream from dam

None

+856

South Nolan Creek

Approximately 2550 feet downstream from Watercrest Road

None

+903

City of Killeen.

Approximately 2340 feet upstream from Stan Schlueter Road

None

+981

Steward Ditch (Formerly Nolan Creek Tributary 4)

Confluence with Nolan Creek

*796

+803

City of Killeen.

Approximately 1360 feet upstream from Duncan Ave.

*855

+852

Trimmier Creek

Approximately 630 feet downstream from confluence with Acorn Creek

None

+686

City of Killeen.

Approximately 2900 feet upstream from Stagecoach Road

None

+834

Trimmier Road Ditch (Formerly Little Nolan Creek Tributary 1)

Confluence with Little Nolan Creek

*793

+800

City of Killeen.

Approximately 2400 feet upstream from Old FM 440

None

+965

Yowell Creek

Approximately 5180 feet upstream from confluence with Chaparral Creek

None

+793

City of Killeen.

Approximately 1250 feet upstream from Featherline Road

None

+878

Yowell Creek Tributary

Confluence with Yowell Creek

None

+788

City of Killeen.

Approximately 1250 feet upstream from Featherline Road

None

+863

* National Geodetic Vertical Datum.

# Depth in feet above ground.

+ North American Vertical Datum.

ADDRESSES

City of Harker Heights

Maps are available for inspection at City Hall, 305 Miller's Crossing, Harker Heights, TX 76548.

Send comments to The Honorable Ed Mullen, Mayor, City of Harker Heights, 305 Miller's Crossing, Harker Heights, TX 76548.

City of Killeen

Maps are available for inspection at City Hall, 101 North College Street, Killeen, TX 76540.

Send comments to The Honorable Timothy Hancock, Mayor, City of Killeen, P.O. Box 1329, Killeen, TX 76540.

City of Temple

Maps are available for inspection at City Hall, 2 North Main Street, Temple, TX 76501.

Send comments to The Honorable Bill Jones, III, Mayor, City of Temple, 2 North Main Street, Temple, TX 76501.

Bell County (Unincorporated Areas)

Maps are available for inspection at Bell County Courthouse, 101 E. Central Ave., Belton, TX 76513.

Send comments to The Honorable Jon Burrows, Judge, Bell County, P.O. Box 768, Belton, TX 76513.

Henrico County, Virginia and Incorporated Areas

Allens Branch

Approximately at the confluence with Chickahominy River.

None

+197

Henrico County (Unincorporated Areas).

Approximately 250 feet downstream from the I-295 Ramp.

None

+214

Chickahominy River

Approximately at Creighton Road

None

+77

Henrico County (Unincorporated Areas).

Approximately 1900 feet downstream from Shady Grove Road

None

+218

Copperas Creek

Approximately at the confluence with Tuckahoe Creek

None

+144

Henrico County (Unincorporated Areas).

Approximately 150 feet downstream from Waterford Way East

None

+219

Tributary 2

Approximately at the confluence with Copperas Creek

None

+160

Henrico County (Unincorporated Areas).

Approximately 2000 feet upstream from Ridgefield Parkway/Cambridge Drive

None

+206

Fourmile Creek

Approximately at the confluence with James River

None

+11

Henrico County (Unincorporated Areas).

Approximately 2000 feet upstream from Doran Road

None

+92

Tributary 7

Approximately at the confluence with Fourmile Creek

None

+85

Henrico County (Unincorporated Areas).

Approximately 775 feet upstream from the Footbridge

None

+88

Gillies Creek Tributary 1

Approximately at the confluence with Gillies Creek

None

+121

Henrico County (Unincorporated Areas).

Approximately 250 feet downstream from South Kalmia Avenue

None

+154

Harding Branch

Approximately at the confluence with Tuckahoe Creek

None

+148

Henrico County (Unincorporated Areas).

Approximately 2000 feet upstream from Park Terrace Drive

None

+241

Tributary 1

Approximately at the confluence with Harding Branch

None

+168

Henrico County (Unincorporated Areas).

Approximately 1000 feet upstream from the confluence with Harding Branch

None

+171

Heckler Village Tributary 1

Approximately at the confluence with Gillies Creek

None

+109

Henrico County (Unincorporated Areas).

Approximately 1100 feet upstream of Wynfield Terrace

None

+145

Tributary 2

Approximately at the confluence with Gillies Creek

None

+138

Henrico County (Unincorporated Areas).

Approximately 1600 feet upstream from Wynfield Terrace

None

+158

Horsepen Branch

Approximately at the confluence with Upham Brook

None

+174

Henrico County (Unincorporated Areas).

Approximately 300 feet upstream from Devers Road

None

+218

James River

Approximately 5550 feet southeast of the intersection of Osborne Landing and Kingsland Road

None

+16

Henrico County (Unincorporated Areas).

Approximately 1250 feet Northwest of the intersection of Stancraft Way and Old Osborne Turnpike

None

+32

Jordans Branch

Approximately at 2550 feet downstream of Interstate 64

None

+160

Henrico County (Unincorporated Areas).

Approximately at 710 feet upstream of the Monument Avenue

None

+208

Meredith Branch

Approximately at the confluence with Chickahominy River

None

+186

Henrico County (Unincorporated Areas).

Approximately 500 feet downstream from Broad Meadows Road

None

+230

North Run

Approximately at the confluence with Upham Brook

+117

+120

Henrico County (Unincorporated Areas).

Approximately 400 feet upstream from the confluence with Upham Brook

+119

+120

Rooty Branch

Approximately 600 feet downstream from Yates Lane

None

+221

Henrico County (Unincorporated Areas).

Approximately 1800 feet upstream from Nuckols Road

None

+233

Tributary A To Gillies Creek Tributary 1

Approximately at the confluence with Gillies Creek Tributary 1

None

+145

Henrico County (Unincorporated Areas).

Approximately 1200 feet upstream from Yates Lane

None

+158

Tributary A to Gillies Creek Tributary 1

Approximately at the confluence with Tributary A to Gillies Creek Tributary 1

None

+150

Henrico County (Unincorporated Areas).

Tributary

Approximately 750 feet south from Nine Mile Road

None

+160

* National Geodetic Vertical Datum.

# Depth in feet above ground.

+ North American Vertical Datum.

ADDRESSES

Henrico County (Unincorporated Areas)

Maps are available for inspection at Henrico West End Government Center, 4301 E. Parham Rd., Richmond, VA 23228.

Send comments to Mr. Robert Thompson, Director of Public Works, P.O. Box 27032, Richmond, VA 23273.

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

Dated: February 28, 2007.

David I. Maurstad,

Director, Mitigation Division, Federal Emergency Management Agency, Department of Homeland Security.

[FR Doc. E7-4154 Filed 3-7-07; 8:45 am]

BILLING CODE 9110-12-P