Flood elevation determinations: Florida and North Carolina,
[Federal Register: December 20, 2006 (Volume 71, Number 244)]
[Proposed Rules]
[Page 76260-76265]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20de06-35]
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
[Docket No. FEMA-D-7680]
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
[[Page 76261]]
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]
-
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.
Sec. 67.4 [Amended]
-
The tables published under the authority of Sec. 67.4 are proposed to be amended as follows:
* Elevation in feet (NGVD) + Elevation in feet (NAVD) Location of referenced Depth in feet above Flooding source(s)
elevation
ground
Communities affected
Effective Modified
Lee County, Florida, and Incorporated Areas
Bayshore Creek................. Approximately 600 feet +8..............
+7 Lee County downstream of
(Unincorporated Jamestown Circle.
Areas). At Nalle Grade Road.... None............
+23 ....................... Bedman Creek/Dog Canal......... Approximately 700 feet +7..............
+8 Lee County downstream of Palm
(Unincorporated Beach Boulevard.
Areas). Approximately 2.6 miles None............
+26 ....................... upstream of Weir S-D-2. Billy Creek.................... At upstream side of +7..............
+8 Lee County Veronica Shoemaker
(Unincorporated Boulevard.
Areas), City of Fort Myers. Approximately 0.4 mile None............
+17 ....................... upstream of Oritz Circle. Caloosahatchee River........... At intersection of Cohn +7..............
+8 Lee County Road and Marsh Cove
(Unincorporated Lane.
Areas), City of Cape Coral, City of Fort Myers. Approximately 0.4 mile +10.............
+11 ....................... south of intersection of Tarpon Estates Boulevard and Tarpon Estates Court. Carrell Canal.................. Approximately 900 feet None............
+7 City of Fort Myers. upstream of confluence with Caloosahatchee River. Approximately 375 feet None............
+13 ....................... upstream of Evans Avenue. Chapel Branch Creek............ Approximately 600 feet +7..............
+8 Lee County downstream of Samville
(Unincorporated Road.
Areas). Approximately 650 feet None............
+20 ....................... upstream of Rich Road. Charlotte Harbor............... At intersection of +7..............
+6 Lee County Kismet Parkway and
(Unincorporated Burnt Stove Road.
Areas), City of Cape Coral. Approximately 0.7 mile +11.............
+10 Lee County west from Old Burnt
(Unincorporated Stove Road and 48th
Areas). Terrace intersection (follow Yucca Creek). Cypress Creek.................. Approximately 800 feet +7..............
+8 Lee County downstream of North
(Unincorporated River Road.
Areas). Approximately 3.0 miles None............
+18 ....................... upstream of North River Road. Daughtrey Creek................ Approximately 0.4 mile +8..............
+7 Lee County downstream of Bayshore
(Unincorporated Road.
Areas). Approximately 0.9 mile None............
+24 ....................... upstream of Nalle Grade Road. East Branch.................... At downstream side of +8..............
+7 Lee County Bayshore Road.
(Unincorporated Areas). Daughtrey Creek................ At Nalle Grade Road.... None............
+23 ....................... East Branch.................... Approximately 0.2 mile None............
+7 Lee County downstream of Pine
(Unincorporated Island Road.
Areas), City of Cape Coral. Yellow Fever Creek............. At upstream side of +17.............
+18 U.S. 41 Culvert. Estero Bay..................... Approximately 0.3 mile +10.............
+11 Lee County west of intersection
(Unincorporated of Baybridge Boulevard
Areas), City of Bonita and Bridge Run Court.
Springs, Town of Fort Myers Beach. Approximately 0.5 mile +13.............
+15 ....................... west of intersection of Redfish Street and Spring Creek Drive. Estero River................... Approximately 0.4 mile +10.............
+11 Lee County downstream of South
(Unincorporated Tamiami Trail.
Areas). Approximately 0.4 mile None............
+21 ....................... upstream of I-75. Fichter Creek.................. Approximately 1,000 None............
+7 Lee County feet upstream of the
(Unincorporated confluence with
Areas). Caloosahatchee River. Approximately 50 feet None............
+15 ....................... upstream of Fichters Creek Lane.
[[Page 76262]]
Ford Street Canal.............. At upstream side of None............
+9 City of Fort Myers. Gallee Way. Approximately 200 feet None............
+18 ....................... downstream of Hanson Street. Gulf of Mexico................. Approximately 1,000 +7..............
+8 Lee County feet west of the
(Unincorporated Pelican Pass and
Areas), City of Bonita Charlotte Harbor Mouth
Springs, City of (Cayo Costa Island).
Sanibel, Town of Fort Myers Beach. Approximately 500 feet +18.............
+20 west of intersection of Estero Boulevard and Hickory Boulevard. Halfway Creek.................. Approximately 0.6 mile +10.............
+11 Lee County downstream of U.S.
(Unincorporated Route 41.
Areas). Approximately 100 feet None............
+16 upstream of Railroad. Halls Creek.................... Approximately 500 feet None............
+7 Lee County upstream of North
(Unincorporated River Road.
Areas). Approximately 0.6 mile None............
+13 upstream of North River Road. Hancock Creek.................. Approximately 100 feet None............
+7 Lee County upstream of Barrett
(Unincorporated Road.
Areas), City of Cape Coral. Approximately 100 feet None............
+11 upstream of Diplomat Parkway. Hickey Creek................... Approximately 1,000 +7..............
+8 Lee County feet upstream of Palm
(Unincorporated Beach Boulevard.
Areas). At the confluence of +9..............
+10 Hickey Creek Drainageway. Hickey Creek................... At confluence of Hickey +9..............
+10 Lee County Creek.
(Unincorporated Areas).
(upstream of Hickey Creek Approximately 0.8 mile +11.............
+10 Drainageway).
downstream of Bateman Road. Hickey Creek Drainageway....... At the confluence with +9..............
+10 Lee County Hickey Creek.
(Unincorporated Areas). Approximately 1.1 miles None............
+22 upstream of 17th Street. Kickapoo Creek................. At upstream side of +7..............
+8 Lee County Bayshore Road.
(Unincorporated Areas). Approximately 0.2 mile +12.............
+8 upstream of Old Bayshore Road. L-3 Canal...................... At the confluence with None............
+8 Lee County L Canal.
(Unincorporated Areas), City of Fort Myers. Approximately 0.4 mile None............
+14 upstream of Fowler Street. Leitner Creek.................. Approximately 800 feet +10.............
+12 City of Bonita Springs. upstream of Terry Street. Approximately 0.3 mile None............
+14 upstream of I-75. Manuels Branch................. At upstream side of None............
+7 City of Fort Myers. McGregor Boulevard. Approximately 975 feet None............
+12 upstream of Evans Avenue. Marsh Point Creek.............. At upstream side of +10.............
+7 Lee County Bayshore Road.
(Unincorporated Areas). At upstream side of +16.............
+15 Tucker Lane. Matlacha Pass.................. Approximately 0.5 mile +7..............
+6 Lee County east of intersection
(Unincorporated of Game Bird Lane and
Areas), City of Cape Ficus Tree Lane.
Coral. Approximately 0.7 mile +8..............
+11 east of intersection of Tropical Point Drive and Cove Street. Mullock Creek.................. Approximately 300 feet None............
+10 Lee County downstream of
(Unincorporated Constitution Circle.
Areas). At Oriole Road......... None............
+15 Mullock Creek Tributary........ Approximately 0.2 mile +10.............
+11 Lee County downstream of South
(Unincorporated Tamiami Trail.
Areas). Approximately 150 feet None............
+13 upstream of South Tamiami Trail. North Colonial Waterway........ At the confluence with None............
+17 City of Fort Myers. Ten Mile Canal. Approximately 400 feet None............
+17 upstream of Milan Drive. Oak Creek...................... At Imperial Street..... +10.............
+11 City of Bonita Springs. Approximately 1,000 +10.............
+11 feet upstream of Imperial Street. Orange River................... Approximately 2.5 miles +7..............
+8 Lee County upstream of Palm Beach
(Unincorporated Boulevard.
Areas).
[[Page 76263]]
Approximately 2.5 miles None............
+17 upstream of Buckingham Road. Owl Creek...................... Approximately 1,000 +8..............
+7 Lee County feet downstream of
(Unincorporated North River Road.
Areas). Approximately 0.2 mile None............
+20 upstream of Shirley Lane. Palm Creek..................... At downstream side of +8..............
+7 Lee County Bayshore Road.
(Unincorporated Areas). Approximately 50 feet None............
+22 downstream of Sharon Drive. Pine Island Sound.............. Approximately 500 feet +7..............
+6 Lee County west of intersection
(Unincorporated of State Route 767 and
Areas), City of Helen Road.
Sanibel. At intersection of +10.............
+12 Seair Lane and Sol Vista Drive on Captiva Island. Popash Creek................... Approximately 0.3 mile +8..............
+7 Lee County upstream of Bayshore
(Unincorporated Road.
Areas). At County boundary..... +26.............
+25 Powell Bypass.................. At Weir Valencia....... +14.............
+12 Lee County (Unincorporated Areas). Approximately 2.0 miles None............
+20 upstream of Mellow Drive. Powell Creek................... Approximately 0.3 mile +8..............
+7 Lee County upstream of Brooks
(Unincorporated Road.
Areas). At Weir Valencia....... +14.............
+12 Powell Creek................... At confluence with +11.............
+7 Lee County Powell Creek.
(Unincorporated Areas).
Tributary No. 1............ Approximately 0.4 mile +11.............
+10 upstream of the confluence with Powell Creek. San Carlos Bay................. At intersection of +8..............
+7 Lee County Sanibel Boulevard and
(Unincorporated Bay View Avenue.
Areas), City of Cape Coral, City of Sanibel, Town of Fort Myers Beach. Approximately 500 feet +17.............
+20 south of intersection of Punta Rassa Road and McGregor Boulevard. Six Mile Cypress............... At confluence with Ten None............
+13 Lee County Mile Canal.
(Unincorporated Areas), City of Fort Myers.
Slough..................... At State Route 82...... None............
+22 South Branch................... At confluence with None............
+14 Lee County Estero River.
(Unincorporated Areas). At upstream side of I- None............
+17 75. Spanish Canal.................. At confluence with None............
+13 Lee County Spanish Creek.
(Unincorporated Areas). Approximately 0.8 mile None............
+18 upstream of confluence with Spanish Creek. Spanish Creek.................. Approximately 900 feet +7..............
+8 Lee County upstream of confluence
(Unincorporated with Caloosahatchee
Areas). River. Approximately 0.2 mile None............
+19 upstream of Persimmon Ridge Road. Spring Creek................... Approximately 500 feet +10.............
+11 City of Bonita Springs. downstream of Railroad. Approximately 0.4 mile None............
+13 upstream of Railroad. Stricklin Gully................ At confluence with None............
+13 Lee County Trout Creek/Curry Lake
(Unincorporated Canal.
Areas). Approximately 1.4 miles None............
+18 upstream of confluence with Trout Creek/Curry Lake Canal. Stroud Creek................... Approximately 100 feet +8..............
+7 Lee County upstream of Bayshore
(Unincorporated Road.
Areas). Approximately 0.2 mile None............
+23 upstream of St. Paul Road. Telegraph Creek................ Approximately 1,000 +7..............
+8 Lee County feet upstream of
(Unincorporated confluence with
Areas). Caloosahatchee River. Approximately 1.5 miles None............
+18 upstream of Telegraph Creek Lane. Ten Mile Canal................. Approximately 1,500 +10.............
+11 Lee County feet downstream of
(Unincorporated Briarcliff Road.
Areas), City of Fort Myers. At Hanson Street....... None............
+17 Trout Creek/Curry Lake Canal... At downstream side of +7..............
+8 Lee County North River Road.
(Unincorporated Areas). At County boundary..... None............
+23 Winkler Canal.................. Approximately 700 feet None............
+7 City of Fort Myers. upstream of the confluence with Caloosahatchee River.
[[Page 76264]]
Approximately 125 feet None............
+14 upstream of Evans Avenue. Yellow Fever Creek............. Approximately 1,000 None............
+7 Lee County feet downstream of
(Unincorporated Pine Island Road.
Areas), City of Cape Coral. Approximately 0.5 mile None............
+11 upstream of Littleton Road.
* 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 Branch..................... At the confluence with None............ +1,078 Burke County McGalliard Creek.
(Unincorporated Areas), Town of Valdese. Approximately 655 feet None............ +1,193 upstream of Praley Street. Sandy Run...................... Approximately 1.7 miles None............ +1,113 Burke County upstream of the
(Unincorporated confluence with
Areas). Hunting Creek. Approximately 2.4 miles None............ +1,156 upstream of the confluence with Hunting Creek.
* 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 2........ At the confluence with None............
+898 Catawba County Cline Creek.
(Unincorporated Areas), City of Conover. Approximately 1,300 None............
+911 feet upstream of I-40. Dellinger Creek................ At the confluence with +850............
+851 Catawba County Elk Shoal Creek.
(Unincorporated Areas). Approximately 725 feet None............
+960 upstream of Rest Home Road. Elk Shoal Creek................ Approximately 2,750 +848............
+849 Catawba County feet upstream of the
(Unincorporated confluence with
Areas). Catawba River.
[[Page 76265]]
Approximately 2,000 +942............
+943 feet upstream of Rest Home Road. East Tributary................. At the confluence with None............
+943 Catawba County McLin Creek.
(Unincorporated Areas), City of Conover. McLin Creek.................... Approximately 1,000 None............
+982 feet upstream of Keisler Road Southeast. Geitner Branch................. At the confluence with +887............
+890 Catawba County Henry Fork.
(Unincorporated Areas), City of Hickory. Approximately 1,900 None............ +1,080 feet upstream of 7th Avenue Southwest. Long Creek..................... At the confluence with +861............
+860 Catawba County McLin Creek.
(Unincorporated Areas), City of Claremont, City of Conover. Approximately 1,400 None............
+988 feet upstream of Railroad. Mull Creek..................... Approximately 1,000 +820............
+819 Catawba County feet upstream of the
(Unincorporated confluence with Lyle
Areas), City of Creek.
Claremont, City of Conover. Approximately 500 feet None............ +1,002 upstream of 9th Avenue Northeast.
* 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.'')
Dated: December 13, 2006. David I. Maurstad, Director, Mitigation Division, Federal Emergency Management Agency, Department of Homeland Security.
[FR Doc. E6-21681 Filed 12-19-06; 8:45 am]
BILLING CODE 9110-12-P
