Proposed Flood Elevation Determinations

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-B-7728 and FEMA-D-7812]

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

Crawford County, Arkansas, and Incorporated Areas

Louemma Creek

At the intersection of Northhills Blvd

+460

+459

City of Van Buren.

At the intersection with Rena Road

+486

+487

Town Branch

Intersection with 20th St.

+421

+420

City of Van Buren.

Intersection with Alma

+441

+445

* National Geodetic Vertical Datum.

+ North American Vertical Datum.

# Depth in feet above ground.

ADDRESSES

City of Van Buren

Maps are available for inspection at 1003 Broadway, Van Buren, AR 72956.

Send comments to The Honorable Bob Freeman, Mayor, 1003 Broadway, Van Buren, AR 72956.

Davie County, North Carolina and Incorporated Areas

Baxter Creek

At the confluence with Bear Creek

None

+680

Unincorporated Areas of Davie County.

Approximately 1.1 miles upstream of the confluence with Bear Creek

None

+692

Bear Creek

At the confluence with South Yadkin River

None

+671

Unincorporated Areas of Davie County, Town of Mocksville.

Approximately 310 feet downstream of Duke Whittaker Road (State Road 1316)

None

+811

Tributary 1

At the confluence with Bear Creek

None

+688

Unincorporated Areas of Davie County.

Approximately 580 feet upstream of Railroad

None

+698

Tributary 2

At the confluence with Bear Creek

None

+700

Unincorporated Areas of Davie County, Town of Mocksville.

Approximately 740 feet upstream of South Davie Drive

None

+769

Tributary 3

At the confluence with Bear Creek

None

+708

Unincorporated Areas of Davie County, Town of Mocksville.

Approximately 860 feet upstream of Valley Road

None

+763

Tributary 3A

At the confluence with Bear Creek Tributary 3

None

+715

Unincorporated Areas of Davie County, Town of Mocksville.

Approximately 0.5 mile upstream of the confluence of Bear Creek Tributary 3

None

+743

Tributary 4

At the confluence with Bear Creek

None

+711

Unincorporated Areas of Davie County, Town of Mocksville.

Approximately 240 feet upstream of U.S. 64 Highway W

None

+735

Tributary 5

At the confluence with Bear Creek

None

+767

Unincorporated Areas of Davie County.

Approximately 410 feet upstream of Ralph Ratledge Road (State Road 1312)

None

+776

Beaver Creek

At the confluence with Hunting Creek

None

+702

Unincorporated Areas of Davie County.

Approximately 90 feet downstream of Castle Lane

None

+731

Tributary 1

At the confluence with Beaver Creek

None

+703

Unincorporated Areas of Davie County.

Approximately 0.6 mile upstream of U.S. 64 Highway W

None

+738

Becks Spring Branch

At the confluence with Dutchman Creek

None

+699

Unincorporated Areas of Davie County.

Approximately 0.6 mile upstream of Eatons Church Road (State Road 1415)

None

+726

Bryant Branch

At the confluence with Dutchman Creek

None

+690

Unincorporated Areas of Davie County.

Approximately 120 feet upstream of Lutz Lane

None

+715

Buffalo Creek

At the confluence with Dutchman Creek

None

+669

Unincorporated Areas of Davie County.

Approximately 1.2 miles upstream of Milling Road

None

+690

Cain Mill Branch

At the confluence with Steelman Creek

None

+795

Unincorporated Areas of Davie County.

At the Davie/Yadkin County boundary

None

+795

Carter Creek

At the confluence with Yadkin River

+700

+692

Unincorporated Areas of Davie County.

At NC 801

+700

+699

Tributary

At the confluence with Carter Creek

+700

+692

Unincorporated Areas of Davie County.

Approximately 0.7 mile upstream of the confluence with Carter Creek

+700

+698

Cedar Creek

At the confluence with Dutchman Creek

None

+673

Unincorporated Areas of Davie County.

Approximately 2.4 miles upstream of Wyo Road (State Road 1430)

None

+784

Chinquapin Creek

At the confluence with Dutchman Creek

None

+729

Unincorporated Areas of Davie County.

At the Davie/Yadkin County boundary

None

+788

Cody Creek

The confluence with the Yadkin River

None

+658

Unincorporated Areas of Davie County.

Approximately 0.5 mile upstream of NC 801

None

+709

Cub Creek

At the confluence with Cedar Creek

None

+674

Unincorporated Areas of Davie County.

Approximately 1.0 mile upstream of the confluence with Cedar Creek

None

+687

Dry Branch

At the confluence with Dutchman Creek

None

+737

Unincorporated Areas of Davie County.

Approximately 0.7 mile upstream of Chinquapin Road

None

+781

Dutchman Creek

At the confluence with the Yadkin River

None

+661

Unincorporated Areas of Davie County.

Approximately 0.4 mile upstream of Amber Hill Road (State Road 1325)

None

+811

Tributary 2

At the confluence with Dutchman Creek

None

+661

Unincorporated Areas of Davie County.

Approximately 0.6 mile upstream of NC 801

None

+681

Tributary 3

At the confluence with Dutchman Creek

None

+661

Unincorporated Areas of Davie County.

Approximately 1.2 miles upstream of Frank Short Road

None

+705

Tributary 4

At the confluence with Dutchman Creek

None

+683

Unincorporated Areas of Davie County.

Approximately 640 feet upstream of Woodward Road (State Road 1407)

None

+695

Tributary 5

At the confluence with Dutchman Creek

None

+776

Unincorporated Areas of Davie County.

Approximately 1.0 mile upstream of Ben Anderson Road (State Road 1321)

None

+800

Tributary 6

At the confluence with Dutchman Creek

None

+784

Unincorporated Areas of Davie County.

Approximately 300 feet upstream of Davie/Iredell County boundary

None

+822

Elisha Creek

At the confluence with Dutchman Creek

None

+667

Unincorporated Areas of Davie County, Town of Mocksville.

Approximately 1,560 feet upstream of the confluence of Elisha Creek Tributary

None

+712

Tributary

At the confluence with Elisha Creek

None

+706

Unincorporated Areas of Davie County, Town of Mocksville.

Approximately 0.8 mile upstream of the confluence with Elisha Creek

None

+719

Elsworth Creek

At the confluence with Dutchman Creek

None

+664

Unincorporated Areas of Davie County.

Approximately 1.2 miles upstream of Williams Road (State Road 1610)

None

+699

Frost Mill Creek

At the confluence with Dutchman Creek

None

+688

Unincorporated Areas of Davie County.

Approximately 0.4 mile upstream of Cana Road (State Road 1408)

None

+744

Fulton Creek

At the confluence with the Yadkin River

None

+677

Unincorporated Areas of Davie County.

Approximately 1,080 feet upstream of Markland Road (State Road 1618)

None

+714

Greasy Creek

At the confluence with Dutchman Creek

None

+699

Unincorporated Areas of Davie County.

Approximately 2.0 miles upstream of Eatons Church Road (State Road 1415)

None

+757

Hauser Creek

Approximately 100 feet downstream of the Davie/Yadkin County boundary

None

+711

Unincorporated Areas of Davie County.

Approximately 0.7 mile upstream of Spillman Road (State Road 1458)

None

+725

Howard Branch

At the confluence with Dutchman Creek

None

+730

Unincorporated Areas of Davie County.

Approximately 1.3 miles upstream of Jack Booe Road (State Road 1330)

None

+772

Humpy Creek

At the confluence with Dutchman Creek

None

+661

Unincorporated Areas of Davie County.

Approximately 680 feet upstream of Riverview Road (State Road 1814)

None

+686

Hunting Creek

At the confluence with South Yadkin River

None

+674

Unincorporated Areas of Davie County.

At the Davie/Iredell County boundary

None

+724

Tributary 1

At the confluence with Hunting Creek

None

+690

Unincorporated Areas of Davie County.

Approximately 140 feet downstream of Godbey Road (State Road 1150)

None

+707

Tributary 1A

At the confluence with Hunting Creek Tributary 1

None

+690

Unincorporated Areas of Davie County.

Approximately 1,420 feet upstream of I-40 Highway W

None

+701

Tributary 2

At the confluence with Hunting Creek

None

+715

Unincorporated Areas of Davie County.

Approximately 0.4 mile upstream of County Line Road (State Road 1338)

None

+752

Tributary 3

At the confluence with Hunting Creek

None

+719

Unincorporated Areas of Davie County.

Approximately 0.8 mile upstream of the confluence with Hunting Creek

None

+731

Leonard Creek

At the confluence with Dutchman Creek

None

+666

Unincorporated Areas of Davie County, Town of Mocksville.

Approximately 1,610 feet upstream of the confluence of Leonard Creek Tributary 1

None

+698

Tributary 1

At the confluence with Leonard Creek

None

+689

Unincorporated Areas of Davie County, Town of Mocksville.

Approximately 500 feet upstream of the confluence of Leonard Creek Tributary 1B

None

+739

Tributary 1A

At the confluence with Leonard Creek Tributary 1

None

+701

Unincorporated Areas of Davie County, Town of Mocksville.

Approximately 0.8 mile upstream of the confluence with Leonard Creek Tributary 1

None

+725

Little Bear Creek

At the confluence with Bear Creek

None

+739

Unincorporated Areas of Davie County.

Approximately 700 feet downstream of Black Welder Road (State Road 1309)

None

+798

Little Creek (North)

At the confluence with South Yadkin River

None

+682

Unincorporated Areas of Davie County.

Approximately 100 feet upstream of the Davie/Iredell County boundary

None

+799

Little Creek Tributary 1

At the confluence with Little Creek (North)

None

+750

Unincorporated Areas of Davie County.

Approximately 640 feet upstream of Crescent Drive (State Road 1157)

None

+760

Nelson Creek

At the confluence with Elisha Creek

None

+693

Unincorporated Areas of Davie County, Town of Mocksville.

Approximately 0.5 mile upstream of the confluence of Nelson Creek Tributary 1

None

+740

Tributary 1

At the confluence with Nelson Creek

None

+723

Town of Mocksville.

Approximately 660 feet upstream of Park Avenue

None

+758

Tributary 1A

At the confluence with Nelson Creek Tributary 1

None

+726

Town of Mocksville.

Approximately 1,260 feet upstream of the confluence with Nelson Creek Tributary 1

None

+752

No Creek

At the confluence with Dutchman Creek

None

+661

Unincorporated Areas of Davie County.

Approximately 0.5 mile upstream of U.S. Highway 64

None

+689

Noland Creek

At the confluence with Dutchman Creek

None

+675

Unincorporated Areas of Davie County.

Approximately 1,430 feet upstream of McClamrock Road (State Road 1640)

None

+687

Tributary 1

At the confluence with Noland Creek

None

+676

Unincorporated Areas of Davie County.

Approximately 0.4 mile upstream of McClamrock Road

None

+695

Peeler Creek

At the confluence with Cody Creek

None

+658

Unincorporated Areas of Davie County.

Approximately 0.6 mile upstream of Will Boone Road (State Road 1802)

None

+696

Peoples Creek

At the confluence with the Yadkin River

None

+684

Unincorporated Areas of Davie County.

Approximately 1.5 miles upstream of Palomino Road

None

+770

Reedy Creek

At the confluence with the Yadkin River

None

+653

Unincorporated Areas of Davie County.

Approximately 400 feet downstream of Cherry Hill Road (State Road 1819)

None

+671

Sheek Creek

At the confluence with the Yadkin River

None

+702

Unincorporated Areas of Davie County, Town of Bermuda Run.

Approximately 1,640 feet upstream of Double A Trail

None

+722

Smith Creek

Approximately 1,000 feet upstream of Kingsmill Drive

+701

+700

Unincorporated Areas of Davie County, Town of Bermuda Run.

Approximately 1,510 feet upstream of I-40 Highway W

None

+746

South Yadkin River

At the confluence with Yadkin River

None

+648

Unincorporated Areas of Davie County, Town of Cooleemee.

Approximately 400 feet upstream of the Rowan/Davie/Iredell County boundary

None

+698

Tributary 1

At the confluence with South Yadkin River

None

+656

Unincorporated Areas of Davie County.

Approximately 0.7 mile upstream of the confluence with South Yadkin River

None

+669

Tributary 2

At the confluence with South Yadkin River

None

+656

Unincorporated Areas of Davie County.

Approximately 2,000 feet upstream of the confluence of South Yadkin River Tributary 2B

None

+656

Tributary 2A

At the confluence with South Yadkin River Tributary 2

None

+656

Unincorporated Areas of Davie County.

Approximately 1,590 feet downstream of Pine Ridge Road (State Road 1103)

None

+656

Tributary 2B

At the confluence with South Yadkin River Tributary 2

None

+656

Unincorporated Areas of Davie County.

Approximately 0.4 mile upstream of the confluence with South Yadkin River Tributary 2

None

+660

Tributary 3

At the confluence with South Yadkin River

None

+690

Unincorporated Areas of Davie County.

Approximately 0.6 mile upstream of the confluence with South Yadkin River

None

+691

Tributary 4

At the confluence with South Yadkin River

None

+693

Unincorporated Areas of Davie County.

Approximately 0.5 mile upstream of the confluence with South Yadkin River

None

+695

Steelman Creek

At the confluence with Dutchman Creek

None

+740

Unincorporated Areas of Davie County.

Approximately 0.4 mile upstream of the confluence of Cain Mill Branch

None

+769

Sugar Creek

At the confluence with Cedar Creek

None

+681

Unincorporated Areas of Davie County.

Approximately 370 feet upstream of Bobbit Road (State Road 1444)

None

+742

Tributary 1

At the confluence with Sugar Creek

None

+729

Unincorporated Areas of Davie County.

Approximately 80 feet downstream of Rainbow Road (State Road 1441)

None

+737

Yadkin River

Approximately 1,200 feet downstream of the confluence of South Yadkin River

None

+648

Unincorporated Areas of Davie County, Town of Bermuda Run.

Approximately 1,500 feet upstream of the Forsyth/Davie/Yadkin County boundary

None

+711

Tributary 1

At the confluence with the Yadkin River

None

+678

Unincorporated Areas of Davie County.

Approximately 780 feet upstream of Todd Road (State Road 1645)

None

+678

Tributary 3

At the confluence with Yadkin River

+704

+695

Town of Bermuda Run.

Approximately 450 feet upstream of Bridge Street

None

+703

* National Geodetic Vertical Datum.

+ North American Vertical Datum.

# Depth in feet above ground.

ADDRESSES

Town of Bermuda Run

Maps are available for inspection at Bermuda Run Town Hall, 169 Yadkins Valley Road, Suite 100, Advance, North Carolina.

Send comments to The Honorable John Ferguson, Mayor of the Town of Bermuda Run, 169 Yadkins Valley Road, Suite 100, Advance, North Carolina 27006.

Town of Cooleemee

Maps are available for inspection at Davie County Courthouse, 140 South Main Street, Mocksville, North Carolina.

Send comments to The Honorable John Chandler, Mayor of the Town of Cooleemee, P.O. Box 1080, Cooleemee, North Carolina 27014.

Town of Mocksville

Maps are available for inspection at Mocksville Town Hall, 171 Clement Street, Mocksville, North Carolina.

Send comments to The Honorable Francis Slate, Mayor of the Town of Mocksville, 171 Clement Street, Mocksville, North Carolina 27028.

Unincorporated Areas of Davie County

Maps are available for inspection at Davie County Development Services, 172 Clement Street, Mocksville, North Carolina.

Send comments to Mr. Terry Bralley, Davie County Manager, 172 Clement Street, Mocksville, North Carolina 27028.

Orange County, North Carolina, and Incorporated Areas

Dry Branch

At the confluence with New Hope Creek Tributary 1

+285

+286

Town of Chapel Hill.

Approximately 870 feet upstream of Silver Creek Trail

None

+397

* National Geodetic Vertical Datum.

+ North American Vertical Datum.

# Depth in feet above ground.

ADDRESSES

Town of Chapel Hill

Maps are available for inspection at Chapel Hill Town Hall, Stormwater Management Program Office, 209 North Columbia Street, Chapel Hill, North Carolina.

Send comments to The Honorable Kevin C. Foy, Mayor of the Town of Chapel Hill, 405 Martin Luther King Jr. Boulevard, Chapel Hill, North Carolina 27514.

(Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”)

Dated: July 26, 2007.

David I. Maurstad,

Federal Insurance Administrator of the National Flood Insurance Program, Department of Homeland Security, Federal Emergency Management Agency.

[FR Doc. E7-15427 Filed 8-7-07; 8:45 am]

BILLING CODE 9110-12-P