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Proposed Rule

Proposed Flood Elevation Determinations

Document Details

Information about this document as published in the Federal Register.

Published Document

This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.

Start Preamble

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.

Start Further Info

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.

End Further Info End Preamble Start Supplemental Information

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.

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List of Subjects in 44 CFR Part 67

End List of Subjects

Accordingly, 44 CFR Part 67 is proposed to be amended as follows:

Start Part

PART 67—[AMENDED]

1. The authority citation for Part 67 continues to read as follows:

Start Authority

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

End Authority

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 groundCommunities affected
EfffectiveModified
Shoshone County, Idaho and Incorporated Areas
Coeur d'Alene River:At western Shoshone County boundary approximately 800 feet South of Interstate Highway 90None+2149Shoshone 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 boundaryNone+2164
South Fork Coeur d'Alene River:Approximately 1500 feet downstream of Theatre Road*22212225Shoshone County Unincorporated Areas.
Just downstream of Elizabeth Park Road Bridge*2343+2343City of Kellogg, City of Smelterville.
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South Fork Coeur d'Alene River—North Overbank Reach through Kellogg:At west Brown Avenue west of Utah Street#3+2295Shoshone 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 limitNone+2243Shoshone County Unincorporated Areas, City of Kellogg.
At divergence from South Fork Coeur d'Alene River. Just upstream of Interstate Highway 90 BridgeNone+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 confluenceNone+2198Shoshone County Unincorporated Areas.
At confluence of Government GulchNone+2245City of Kellogg, City of Smelterville.
South Fork Coeur d'Alene River—South Overbank South Kellogg Reach:Approximately 1000 feet downstream of Hill StreetNone+2284Shoshone County Unincorporated Areas, City of Kellogg.
Approximately 150 feet downstream of divergence from South Fork Coeur d'Alene River, at Division StreetNone+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+2251Shoshone County Unincorporated Areas, City of Kellogg
At the confluence of South Overbank Southwest Kellogg ReachNone+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 AvenueNone+2284Shoshone County Unincorporated Areas, City of Kellogg.
At divergence from South Fork Coeur d'Alene RiverNone+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 ReservoirFlood poolNone+245De Soto County (Uninc. Areas).
Bean Patch CreekAt confluence with Camp CreekNone+273De Soto County (Uninc. Areas), City of Southaven.
At Pleasant Hill Road*303+302
At College Road*336+328
200 feet downstream of Getwell RoadNone+372
Bean Patch Creek Tributary 1At confluence with Bean Patch CreekNone+282De Soto County (Uninc. Areas).
2444 feet upstream of Sandy Betts RoadNone+331
Bean Patch Creek Tributary 2At confluence with Bean Patch CreekNone+296De Soto County (Uninc. Areas).
78 feet upstream of Itasca DriveNone+347
Bean Patch Creek Tributary 3At confluence with Bean Patch CreekNone+303De Soto County (Uninc. Areas).
1467 feet upstream of College RoadNone+337
Byhalia CreekAt confluence with Pigeon Roost CreekNone+275De Soto County (Uninc. Areas).
2638 feet upstream of Myers RoadNone+298
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Camp CreekAt confluence with Coldwater RiverNone+256De 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 DriveNone+361
1790 feet upstream of Alexander RoadNone+372
Camp Creek Tributary 1At confluence with Camp CreekNone+273De Soto County (Uninc. Areas).
180 feet upstream of Ross RoadNone+317
Camp Creek Tributary 2At confluence with Camp CreekNone+292De Soto County (Uninc. Areas)
170 feet upstream of Dunn LaneNone+348
Cane Creek Tributary 1At confluence with Arkabutla ReservoirNone+245De Soto County (Uninc. Areas).
2100 feet upstream of Robertson Gin RoadNone+251
Cane Creek Tributary 1.1At confluence with Cane Creek Tributary 1None+245De Soto County (Uninc. Areas).
4300 feet upstream of confluence with Cane Creek Tributary 1None+245
Coldwater River16200 feet downstream of Arkabutla DamNone+191De Soto County (Uninc. Areas).
3318 feet downstream of Arkabutla DamNone+195
26735 feet downstream of Holly Springs RoadNone+245
2010 feet upstream of confluence with Coldwater River Tributary 8None+301
Coldwater River Tributary 5At confluence with Coldwater RiverNone+279De Soto County (Uninc. Areas).
2390 feet upstream of Bethel RoadNone+299
Coldwater River Tributary 6At confluence with Coldwater RiverNone+283De Soto County (Uninc. Areas).
160 feet downstream of Red Banks RoadNone+308
Coldwater River Tributary 7At confluence with Coldwater RiverNone+298De Soto County (Uninc. Areas).
13233 feet upstream of Center Hill RoadNone+365
Coldwater River Tributary 7.1At confluence with Coldwater River Tributary 7None+298De Soto County (Uninc. Areas).
2515 feet upstream of Center Hill RoadNone+341
Coldwater River Tributary 8At confluence with Coldwater RiverNone+300De Soto County (Uninc. Areas).
2038 feet upstream of Center Hill RoadNone+365
Coldwater River Tributary 8.1At confluence with Coldwater River Tributary 8None+315De Soto County (Uninc. Areas).
5004 feet upstream of confluence with Coldwater River Tributary 8None+368
Cow Pen CreekAt Goodman Road*261+261City of Horn Lake.
At Nail Road*275+274
Dry CreekAt confluence with Coldwater RiverNone+271De Soto County (Uninc. Areas).
8348 feet upstream of Byhalia RoadNone+303
Horn Lake Creek Tributary 1790 feet upstream of Goodman RoadNone+264City of Horn Lake.
407 feet upstream of Nail RoadNone+292
Hurricane Creek1535 feet upstream of Odom RoadNone+265De Soto County (Uninc. Areas), City of Hernando.
423 feet upstream of Bridgemore DriveNone+346
Hurricane Creek Tributary 21022 feet downstream of Horn Lake RoadNone+245De Soto County (Uninc. Areas), City of Hernando.
12800 feet upstream of Horn Lake RoadNone+275
Hurricane Creek Tributary 3.11079 feet downstream of Nesbit RoadNone+262De Soto County (Uninc. Areas), City of Hernando, City of Horn Lake, City of Southaven De Soto County (Uninc. Areas).
740 feet downstream of Highway 51None+300
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Hurricane Creek Tributary 3.1.1At confluence with Hurricane Creek Tributary 3.1None+262
600 feet upstream of Starlanding RoadNone+297
Hurricane Creek Tributary 3.1.2At confluence with Hurricane Creek Tributary 3.1None+291De Soto County (Uninc. Areas), City of Southaven.
255 feet downstream of Highway 51None+301
Hurricane Creek Tributary 4At confluence with Hurricane CreekNone+266De Soto County (Uninc. Areas), City of Hernando.
850 feet downstream of Harrow CoveNone+329
Hurricane Creek Tributary 5At confluence with Hurricane CreekNone+268De Soto County (Uninc. Areas), City of Hernando.
4236 feet upstream of Pleasant Hill RoadNone+310
Hurricane Creek Tributary 6At confluence with Hurricane CreekNone+273De Soto County (Uninc. Areas), City of Hernando.
90 feet downstream of Clubhouse DriveNone+316
Hurricane Creek Tributary 7At confluence with Hurricane CreekNone+284De Soto County (Uninc. Areas), City of Southaven.
423 feet upstream of Starlanding RoadNone+339
Hurricane Creek Tributary 7.1At confluence with Hurricane Creek Tributary 7None+294De Soto County (Uninc. Areas), City of Southaven.
760 feet upstream of Starlanding RoadNone+354
Hurricane Creek Tributary 8At confluence with Hurricane CreekNone+295De Soto County (Uninc. Areas).
940 feet upstream of Getwell RoadNone+324
Jackson Creek4620 feet upstream of confluence with Lake Cormorant BayouNone+200De Soto County (Uninc. Areas).
712 feet upstream of confluence with Jackson Creek Tributary 1None+201
Jackson Creek Tributary 1At confluence with Jackson CreekNone+201De Soto County (Uninc. Areas).
4665 feet upstream of Wilson Mills RoadNone+208
Johnson CreekAt confluence with Lake Cormorant BayouNone+208De Soto County (Uninc. Areas), City of Horn Lake, Village of Memphis.
3645 feet upstream of Church RoadNone+249
Johnson Creek Tributary 1At confluence with Johnson CreekNone+208De Soto County (Uninc. Areas), Village of Memphis.
1810 feet upstream of Cheatham RoadNone+208
Johnson Creek Tributary 2At confluence with Johnson CreekNone+210De Soto County (Uninc. Areas), Village of Memphis.
300 feet upstream of Starlanding RoadNone+227
Johnson Creek Tributary 3At confluence with Johnson CreekNone+212De Soto County (Uninc. Areas), Village of Memphis.
1490 feet downstream of Poplar Corner RoadNone+244
Johnson Creek Tributary 4At confluence with Johnson CreekNone+215De Soto County (Uninc. Areas), Village of Memphis.
4171 feet upstream of Starlanding RoadNone+231
Johnson Creek Tributary 5At confluence with Johnson CreekNone+226De Soto County (Uninc. Areas).
35 feet upstream of Fogg RoadNone+269
Johnson Creek Tributary 6At confluence with Johnson CreekNone+235De Soto County (Uninc. Areas).
20 feet upstream of Fogg RoadNone+256
Lake Cormorant BayouAt Green River RoadNone+200De Soto County (Uninc. Areas).
500 feet downstream of confluence with Johnson CreekNone+208
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Lateral AAt confluence with Horn Lake CreekNone+243De Soto County (Uninc. Areas), City of Horn Lake, City of Southaven.
2506 feet upstream of Goodman RoadNone+276
Lateral A Tributary 1At confluence with Lateral ANone+246City of Horn Lake
148 feet downstream of Horn Lake RoadNone+259
Licks CreekAt confluence with Camp Creek*305+306De Soto County (Uninc. Areas), City of Olive Branch.
At U.S. Highway 78*336+334
At Lancaster DriveNone+358
7700 feet upstream of Hacks Cross RoadNone+388
Mussacuna Creek4630 feet downstream of Highway 51None+280De Soto County (Uninc. Areas), City of Hernando.
1480 feet upstream of Highway 51None+307
Nolehoe CreekAt confluence with Camp Creek*308+308City of Olive Branch, City of Southaven.
At Goodman Road*348+348
Norfolk BayouAt confluence with Johnson CreekNone+208De Soto County (Uninc. Areas).
175 feet downstream of Highway 161None+208
Pigeon Roost CreekAt confluence with Coldwater RiverNone+267De Soto County (Uninc. Areas)
1550 feet downstream of Ingrams Mill RoadNone+277
Red Banks Creek4330 feet upstream of Red Banks RoadNone+299De Soto County (Uninc. Areas).
13140 feet upstream of Red Banks RoadNone+312
Short CreekAt confluence with Coldwater RiverNone+267De Soto County (Uninc. Areas)
9228 feet upstream of Byhalia RoadNone+331
Short Creek Tributary 1At confluence with Short CreekNone+271De Soto County (Uninc. Areas).
3636 feet upstream of Byhalia RoadNone+297
Short Fork CreekAt confluence with Coldwater RiverNone+255De Soto County (Uninc. Areas), City of Hernando.
2953 feet upstream of Jaybird RoadNone+309
Short Fork Creek Tributary 1At confluence with Short Fork CreekNone+265De Soto County (Uninc. Areas).
1731 feet upstream of Byhalia RoadNone+341
Short Fork Creek Tributary 2At confluence with Short Fork CreekNone+278De Soto County (Uninc. Areas).
5387 feet upstream of Brights RoadNone+325
Short Fork Creek Tributary 3At confluence with Short Fork CreekNone+296De Soto County (Uninc. Areas).
2594 feet upstream of confluence with Short Fork CreekNone+304
Turkey CreekAt confluence with Camp CreekNone+287De Soto County (Uninc. Areas).
758 feet upstream of Woolsly RoadNone+351
Whites Creek3740 feet upstream of confluence with Lake Cormorant BayouNone+199De Soto County (Uninc. Areas).
7410 feet upstream of Wetonga LaneNone+234
Whites Creek Tributary 1At confluence with Whites CreekNone+224De Soto County.
2117 feet upstream of confluence with Whites CreekNone+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:
Start Printed Page 16754
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 CreekApproximately 400 feet upstream of the confluence with Lick CreekNone+765Ozark County (Uninc. Areas), City of Gainesville.
Approximately 2800 feet downstream of County Road 102None+856
Bennetts BayouApproximately 9300 feet downstream of Highway 142None+670Ozark County (Uninc. Areas), Village of Bakersfield.
Approximately 1400 feet upstream of the confluence with Unnamed Stream in Smith HollowNone+741
Harrison CreekApproximately 1850 feet upstream of the confluence with Lick CreekNone+749Ozark County (Uninc. Areas), City of Gainesville.
Approximately 4750 feet upstream of First RoadNone+800
Hogard CreekApproximately 500 feet upstream of the confluence with Lick CreekNone+793Ozark County (Uninc. Areas).
Approximately 8750 feet upstream of the confluence with Lick CreekNone+856
Lick CreekApproximately 7500 feet downstream of the confluence with Harrison CreekNone+713Ozark County (Uninc. Areas), City of Gainesville.
Approximately 5350 feet upstream of the confluence with Hogard CreekNone+818
Turkey CreekApproximately 1000 feet downstream of County Road 632None+698Ozark County (Uninc. Areas).
Approximately 100 feet downstream of Highway 160None+806
Unnamed Stream in Ledbetter HollowApproximately 4850 feet upstream of the confluence with Pond ForkNone+698Ozark County (Uninc. Areas).
Approximately 700 feet downstream of Highway 95None+811
Unnamed Stream in Plumb HollowApproximately 1350 feet upstream of the confluence with Bennetts BayouNone+714Ozark County (Uninc. Areas), Village of Bakersfield.
Approximately 1200 feet upstream of Highway 101None+769
Unnamed Stream in Smith HollowApproximately 500 feet upstream of the confluence with Bennetts BayouNone+740Ozark County (Uninc. Areas).
Approximately 2400 feet upstream of the confluence with Bennetts BayouNone+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 DrawAt Confluence with Crow CreekNone+5949Laramie County (Uninc. Areas).
At West College DriveNone+6017
South Fork Allison DrawAt Confluence with Allison DrawNone+5993Laramie County (Uninc. Areas).
Start Printed Page 16755
At East College DriveNone+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.”)

Start Signature

David I. Maurstad,

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

End Signature End Part End Supplemental Information

[FR Doc. E6-4817 Filed 4-3-06; 8:45 am]

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