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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, 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.

Start Further Info

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.

End Further Info End Preamble Start Supplemental Information

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 Start Printed Page 76261that have federalism implications under Executive Order 13132.

Executive Order 12988, Civil Justice Reform. This proposed 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:

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PART 67—[AMENDED]

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

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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.

End Authority
[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 groundCommunities affected
EffectiveModified
Lee County, Florida, and Incorporated Areas
Bayshore CreekApproximately 600 feet downstream of Jamestown Circle+8+7Lee County (Unincorporated Areas).
At Nalle Grade RoadNone+23
Bedman Creek/Dog CanalApproximately 700 feet downstream of Palm Beach Boulevard+7+8Lee County (Unincorporated Areas).
Approximately 2.6 miles upstream of Weir S-D-2None+26
Billy CreekAt upstream side of Veronica Shoemaker Boulevard+7+8Lee County (Unincorporated Areas), City of Fort Myers.
Approximately 0.4 mile upstream of Oritz CircleNone+17
Caloosahatchee RiverAt intersection of Cohn Road and Marsh Cove Lane+7+8Lee County (Unincorporated Areas), City of Cape Coral, City of Fort Myers.
Approximately 0.4 mile south of intersection of Tarpon Estates Boulevard and Tarpon Estates Court+10+11
Carrell CanalApproximately 900 feet upstream of confluence with Caloosahatchee RiverNone+7City of Fort Myers.
Approximately 375 feet upstream of Evans AvenueNone+13
Chapel Branch CreekApproximately 600 feet downstream of Samville Road+7+8Lee County (Unincorporated Areas).
Approximately 650 feet upstream of Rich RoadNone+20
Charlotte HarborAt intersection of Kismet Parkway and Burnt Stove Road+7+6Lee County (Unincorporated Areas), City of Cape Coral.
Approximately 0.7 mile west from Old Burnt Stove Road and 48th Terrace intersection (follow Yucca Creek)+11+10Lee County (Unincorporated Areas).
Cypress CreekApproximately 800 feet downstream of North River Road+7+8Lee County (Unincorporated Areas).
Approximately 3.0 miles upstream of North River RoadNone+18
Daughtrey CreekApproximately 0.4 mile downstream of Bayshore Road+8+7Lee County (Unincorporated Areas).
Approximately 0.9 mile upstream of Nalle Grade RoadNone+24
East BranchAt downstream side of Bayshore Road+8+7Lee County (Unincorporated Areas).
Daughtrey CreekAt Nalle Grade RoadNone+23
East BranchApproximately 0.2 mile downstream of Pine Island RoadNone+7Lee County (Unincorporated Areas), City of Cape Coral.
Yellow Fever CreekAt upstream side of U.S. 41 Culvert+17+18
Estero BayApproximately 0.3 mile west of intersection of Baybridge Boulevard and Bridge Run Court+10+11Lee County (Unincorporated Areas), City of Bonita Springs, Town of Fort Myers Beach.
Approximately 0.5 mile west of intersection of Redfish Street and Spring Creek Drive+13+15
Estero RiverApproximately 0.4 mile downstream of South Tamiami Trail+10+11Lee County (Unincorporated Areas).
Approximately 0.4 mile upstream of I-75None+21
Fichter CreekApproximately 1,000 feet upstream of the confluence with Caloosahatchee RiverNone+7Lee County (Unincorporated Areas).
Approximately 50 feet upstream of Fichters Creek LaneNone+15
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Ford Street CanalAt upstream side of Gallee WayNone+9City of Fort Myers.
Approximately 200 feet downstream of Hanson StreetNone+18
Gulf of MexicoApproximately 1,000 feet west of the Pelican Pass and Charlotte Harbor Mouth (Cayo Costa Island)+7+8Lee County (Unincorporated Areas), City of Bonita Springs, City of Sanibel, Town of Fort Myers Beach.
Approximately 500 feet west of intersection of Estero Boulevard and Hickory Boulevard+18+20
Halfway CreekApproximately 0.6 mile downstream of U.S. Route 41+10+11Lee County (Unincorporated Areas).
Approximately 100 feet upstream of RailroadNone+16
Halls CreekApproximately 500 feet upstream of North River RoadNone+7Lee County (Unincorporated Areas).
Approximately 0.6 mile upstream of North River RoadNone+13
Hancock CreekApproximately 100 feet upstream of Barrett RoadNone+7Lee County (Unincorporated Areas), City of Cape Coral.
Approximately 100 feet upstream of Diplomat ParkwayNone+11
Hickey CreekApproximately 1,000 feet upstream of Palm Beach Boulevard+7+8Lee County (Unincorporated Areas).
At the confluence of Hickey Creek Drainageway+9+10
Hickey CreekAt confluence of Hickey Creek+9+10Lee County (Unincorporated Areas).
(upstream of Hickey Creek Drainageway)Approximately 0.8 mile downstream of Bateman Road+11+10
Hickey Creek DrainagewayAt the confluence with Hickey Creek+9+10Lee County (Unincorporated Areas).
Approximately 1.1 miles upstream of 17th StreetNone+22
Kickapoo CreekAt upstream side of Bayshore Road+7+8Lee County (Unincorporated Areas).
Approximately 0.2 mile upstream of Old Bayshore Road+12+8
L-3 CanalAt the confluence with L CanalNone+8Lee County (Unincorporated Areas), City of Fort Myers.
Approximately 0.4 mile upstream of Fowler StreetNone+14
Leitner CreekApproximately 800 feet upstream of Terry Street+10+12City of Bonita Springs.
Approximately 0.3 mile upstream of I-75None+14
Manuels BranchAt upstream side of McGregor BoulevardNone+7City of Fort Myers.
Approximately 975 feet upstream of Evans AvenueNone+12
Marsh Point CreekAt upstream side of Bayshore Road+10+7Lee County (Unincorporated Areas).
At upstream side of Tucker Lane+16+15
Matlacha PassApproximately 0.5 mile east of intersection of Game Bird Lane and Ficus Tree Lane+7+6Lee County (Unincorporated Areas), City of Cape Coral.
Approximately 0.7 mile east of intersection of Tropical Point Drive and Cove Street+8+11
Mullock CreekApproximately 300 feet downstream of Constitution CircleNone+10Lee County (Unincorporated Areas).
At Oriole RoadNone+15
Mullock Creek TributaryApproximately 0.2 mile downstream of South Tamiami Trail+10+11Lee County (Unincorporated Areas).
Approximately 150 feet upstream of South Tamiami TrailNone+13
North Colonial WaterwayAt the confluence with Ten Mile CanalNone+17City of Fort Myers.
Approximately 400 feet upstream of Milan DriveNone+17
Oak CreekAt Imperial Street+10+11City of Bonita Springs.
Approximately 1,000 feet upstream of Imperial Street+10+11
Orange RiverApproximately 2.5 miles upstream of Palm Beach Boulevard+7+8Lee County (Unincorporated Areas).
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Approximately 2.5 miles upstream of Buckingham RoadNone+17
Owl CreekApproximately 1,000 feet downstream of North River Road+8+7Lee County (Unincorporated Areas).
Approximately 0.2 mile upstream of Shirley LaneNone+20
Palm CreekAt downstream side of Bayshore Road+8+7Lee County (Unincorporated Areas).
Approximately 50 feet downstream of Sharon DriveNone+22
Pine Island SoundApproximately 500 feet west of intersection of State Route 767 and Helen Road+7+6Lee County (Unincorporated Areas), City of Sanibel.
At intersection of Seair Lane and Sol Vista Drive on Captiva Island+10+12
Popash CreekApproximately 0.3 mile upstream of Bayshore Road+8+7Lee County (Unincorporated Areas).
At County boundary+26+25
Powell BypassAt Weir Valencia+14+12Lee County (Unincorporated Areas).
Approximately 2.0 miles upstream of Mellow DriveNone+20
Powell CreekApproximately 0.3 mile upstream of Brooks Road+8+7Lee County (Unincorporated Areas).
At Weir Valencia+14+12
Powell CreekAt confluence with Powell Creek+11+7Lee County (Unincorporated Areas).
Tributary No. 1Approximately 0.4 mile upstream of the confluence with Powell Creek+11+10
San Carlos BayAt intersection of Sanibel Boulevard and Bay View Avenue+8+7Lee County (Unincorporated Areas), City of Cape Coral, City of Sanibel, Town of Fort Myers Beach.
Approximately 500 feet south of intersection of Punta Rassa Road and McGregor Boulevard+17+20
Six Mile CypressAt confluence with Ten Mile CanalNone+13Lee County (Unincorporated Areas), City of Fort Myers.
SloughAt State Route 82None+22
South BranchAt confluence with Estero RiverNone+14Lee County (Unincorporated Areas).
At upstream side of I-75None+17
Spanish CanalAt confluence with Spanish CreekNone+13Lee County (Unincorporated Areas).
Approximately 0.8 mile upstream of confluence with Spanish CreekNone+18
Spanish CreekApproximately 900 feet upstream of confluence with Caloosahatchee River+7+8Lee County (Unincorporated Areas).
Approximately 0.2 mile upstream of Persimmon Ridge RoadNone+19
Spring CreekApproximately 500 feet downstream of Railroad+10+11City of Bonita Springs.
Approximately 0.4 mile upstream of RailroadNone+13
Stricklin GullyAt confluence with Trout Creek/Curry Lake CanalNone+13Lee County (Unincorporated Areas).
Approximately 1.4 miles upstream of confluence with Trout Creek/Curry Lake CanalNone+18
Stroud CreekApproximately 100 feet upstream of Bayshore Road+8+7Lee County (Unincorporated Areas).
Approximately 0.2 mile upstream of St. Paul RoadNone+23
Telegraph CreekApproximately 1,000 feet upstream of confluence with Caloosahatchee River+7+8Lee County (Unincorporated Areas).
Approximately 1.5 miles upstream of Telegraph Creek LaneNone+18
Ten Mile CanalApproximately 1,500 feet downstream of Briarcliff Road+10+11Lee County (Unincorporated Areas), City of Fort Myers.
At Hanson StreetNone+17
Trout Creek/Curry Lake CanalAt downstream side of North River Road+7+8Lee County (Unincorporated Areas).
At County boundaryNone+23
Winkler CanalApproximately 700 feet upstream of the confluence with Caloosahatchee RiverNone+7City of Fort Myers.
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Approximately 125 feet upstream of Evans AvenueNone+14
Yellow Fever CreekApproximately 1,000 feet downstream of Pine Island RoadNone+7Lee County (Unincorporated Areas), City of Cape Coral.
Approximately 0.5 mile upstream of Littleton RoadNone+11
* National Geodetic Vertical Datum.
# Depth in feet above ground.
+ North American Vertical Datum.
ADDRESSES
City of Bonita Springs
Maps are available for inspection at the City of Bonita Springs Administration Office, 9101 Bonita Beach Road, Bonita Springs, Florida.
Send comments to The Honorable Jay Arend, Mayor of the City of Bonita Springs, 9101 Bonita Beach Road, Bonita Springs, Florida 34135.
City of Cape Coral
Maps are available for inspection at the City of Cape Coral Community Development Department, 1015 Cultural Park Boulevard, Cape Coral, Florida.
Send comments to The Honorable Eric Feichthaler, Mayor of the City of Cape Coral, P.O. Box 150027, Cape Coral, Florida 33915-0027.
City of Fort Myers
Maps are available for inspection at the City of Fort Myers Community Development Department, 1825 Hendry Street, Suite 101, Fort Myers, Florida.
Send comments to Mr. Anthony Shoemaker, Fort Myers City Manager, P.O. Box 2217, Fort Myers, Florida 33902.
Town of Fort Myers Beach
Maps are available for inspection at the Town of Fort Myers Beach Council Chambers, 2523 Estero Boulevard, Fort Myers Beach, Florida.
Send comments to The Honorable Dennis Boback, Mayor of the Town of Fort Myers Beach, 2523 Estero Boulevard, Fort Myers Beach, Florida 33931.
City of Sanibel
Maps are available for inspection at the Sanibel City Hall, Planning Department, 800 Dunlop Road, Sanibel, Florida.
Send comments to The Honorable Carla Johnston, Mayor of the City of Sanibel, 800 Dunlop Road, Sanibel, Florida 33957.
Lee County (Unincorporated Areas)
Maps are available for inspection at the Lee County Community Development Department, 1500 Monroe Street, 2nd Floor, Fort Myers, Florida.
Send comments to Ms. Tammy Hall, Chairperson for the Lee County Board of Commissioners, P.O. Box 398, Fort Myers, Florida 33902-0398.
Burke County, North Carolina and Incorporated Areas
Dye BranchAt the confluence with McGalliard CreekNone+1,078Burke County (Unincorporated Areas), Town of Valdese.
Approximately 655 feet upstream of Praley StreetNone+1,193
Sandy RunApproximately 1.7 miles upstream of the confluence with Hunting CreekNone+1,113Burke County (Unincorporated Areas).
Approximately 2.4 miles upstream of the confluence with Hunting CreekNone+1,156
* National Geodetic Vertical Datum.
# Depth in feet above ground.
+ North American Vertical Datum.
ADDRESSES
Burke County (Unincorporated Areas)
Maps are available for inspection at the Burke County Planning and Development Department, 110 North Green Street, Morganton, North Carolina.
Send comments to Mr. Ron Lewis, Burke County Manager, P.O. Box 219, Morganton, North Carolina 28680.
Town of Valdese
Maps are available for inspection at the Valdese Town Hall, 121 Faet Street, Valdese, North Carolina.
Send comments to The Honorable James Hatley, Mayor of the Town of Valdese, P.O. Box 339, Valdese, North Carolina 28690.
Catawba County, North Carolina and Incorporated Areas
Cline Creek Tributary 2At the confluence with Cline CreekNone+898Catawba County (Unincorporated Areas), City of Conover.
Approximately 1,300 feet upstream of I-40None+911
Dellinger CreekAt the confluence with Elk Shoal Creek+850+851Catawba County (Unincorporated Areas).
Approximately 725 feet upstream of Rest Home RoadNone+960
Elk Shoal CreekApproximately 2,750 feet upstream of the confluence with Catawba River+848+849Catawba County (Unincorporated Areas).
Start Printed Page 76265
Approximately 2,000 feet upstream of Rest Home Road+942+943
East TributaryAt the confluence with McLin CreekNone+943Catawba County (Unincorporated Areas), City of Conover.
McLin CreekApproximately 1,000 feet upstream of Keisler Road SoutheastNone+982
Geitner BranchAt the confluence with Henry Fork+887+890Catawba County (Unincorporated Areas), City of Hickory.
Approximately 1,900 feet upstream of 7th Avenue SouthwestNone+1,080
Long CreekAt the confluence with McLin Creek+861+860Catawba County (Unincorporated Areas), City of Claremont, City of Conover.
Approximately 1,400 feet upstream of RailroadNone+988
Mull CreekApproximately 1,000 feet upstream of the confluence with Lyle Creek+820+819Catawba County (Unincorporated Areas), City of Claremont, City of Conover.
Approximately 500 feet upstream of 9th Avenue NortheastNone+1,002
* National Geodetic Vertical Datum.
# Depth in feet above ground.
+ North American Vertical Datum.
ADDRESSES
Catawba County (Unincorporated Areas)
Maps are available for inspection at the Catawba County Planning and Zoning Department, 100 A Southwest Boulevard, Newton, North Carolina.
Send comments to Mr. Tom Lundy, Catawba County Manager, P.O. Box 389, Catawba, North Carolina 28658.
City of Claremont
Maps are available for inspection at the City of Claremont Planning Department, 3288 East Main Street, Claremont, North Carolina.
Send comments to The Honorable Glenn A. Morrison, Mayor of the City of Claremont, 3288 East Main Street, Claremont, North Carolina 28610.
City of Conover
Maps are available for inspection at the Conover City Hall, 101 First Street East, Conover, North Carolina.
Send comments to The Honorable Bruce Eckard, Mayor of the City of Conover, P.O. Box 549, Conover, North Carolina 28613.

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

Start Signature

Dated: December 13, 2006.

David I. Maurstad,

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

End Signature End Part End Supplemental Information

[FR Doc. E6-21681 Filed 12-19-06; 8:45 am]

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