# Proposed Flood Elevation Determinations > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3AE7-4154 ## Record - **Collection:** Federal Register - **Document type:** Proposed Rule - **Published:** March 8, 2007 - **Citation:** 72 FR 10470 ## Text 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 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3AE7-4154. Public record. Not legal advice.