Proposed Flood Elevation Determinations

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-B-7734 & D-7818]

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 Directorate, 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

Larimer County, Colorado, and Incorporated Areas

Dry Creek (North of Canal)

Just upstream of the confluence with Larimer and Weld Canal

+4994

+4993

Unincorporated Areas of Larimer County.

Approximately 900 feet downstream of Shields Street

+5017

+5016

(South of Canal)

Just upstream of the confluence with the Cache La Poudre River

+4919

+4916

City of Fort Collins, Unincorporated Areas of Larimer County.

Approximately 850 feet upstream of Redwood Street

+4965

+4964

East Vine Diversion

Just upstream of the confluence with Dry Creek (South of Canal)

None

+4944

City of Fort Collins, Unincorporated Areas of Larimer County.

Just downstream of Larimer and Weld Canal

None

+4983

East Vine Diversion Left Overbank Flow

Just upstream of Vine Drive

None

+4944

City of Fort Collins, Unincorporated Areas of Larimer County.

Approximately 1900 feet upstream of Vine Drive

None

+4948

Larimer and Weld Canal

At the confluence with East Vine Diversion

None

+4983

City of Fort Collins, Unincorporated Areas of Larimer County.

At the upstream diversion from Dry Creek (North of Canal)

None

+4993

Old Dry Creek (Historic Channel)

Just downstream of Mulberry Street

+4921

+4919

Unincorporated Areas of Larimer County.

Approximately 800 feet downstream of Dry Creek (South of Canal)

+4931

+4930

* National Geodetic Vertical Datum.

# Depth in feet above ground.

+ North American Vertical Datum.

ADDRESSES

City of Fort Collins

Maps are available for inspection at Stormwater Utilities Department, 700 Wood Street, Fort Collins, CO 80521.

Send comments to Doug Hutchinson, Mayor, City of Fort Collins, 300 LaPorte Avenue, Fort Collins, CO 80522-0580.

Unincorporated Areas of Larimer County

Maps are available for inspection at 200 West Oak Street, Fort Collins, CO 80521.

Send comments to Karen Wagner, Chair, Larimer County Board of Commissioners, P.O. Box 1190, Fort Collins, CO 80522.

Graham County, North Carolina, and Incorporated Areas

Anderson Creek

At the confluence with Tulula Creek

None

+2,255

Graham County.

Approximately 0.4 mile upstream of State Road 1103

None

+2,643

Atoah Creek

At the confluence with Long Creek

None

+2,045

Graham County.

Approximately 230 feet upstream of Lewis Nelson Road

None

+2,329

Bear Creek (near Dentons)

At the confluence with Little Snowbird Creek

None

+2,510

Graham County.

Approximately 1.5 miles upstream of the confluence with Little Snowbird Creek

None

+3,093

Beech Creek

At the confluence with Sweetwater Creek

None

+2,196

Graham County.

Approximately 1,920 feet upstream of the confluence of South Fork Beech Creek

None

+2,363

Bert Creek

At the confluence with Tulula Creek

None

+2,185

Graham County.

Approximately 1,100 feet upstream of Berts Creek Road

None

+2,344

Buffalo Creek

At the confluence with Cheoah River

None

+1,942

Graham County.

At the confluence of West Buffalo Creek

None

+1,942

Cheoah River

At the confluence with Little Tennessee River

None

+1,088

Graham County, Town of Robbinsville.

At the confluence of Tulula Creek and Sweetwater Creek

None

+1,982

Cochran Creek

Approximately 0.4 mile upstream of Cochrans Creek Road (State Road 1250)

None

+1,930

Graham County.

At the confluence with Cheoah River

None

+1,963

Cooloska Branch

At the confluence with Snowbird Creek

None

+1,942

Graham County, Eastern Band of Cherokee Indians.

Approximately 900 feet upstream of Massey Branch Road (State Road 1116)

None

+1,965

Tributary 1

At the confluence with Cooloska Branch

None

+1,961

Eastern Band of Cherokee Indians.

Approximately 30 feet downstream of Jackson Branch Road (State Road 1149)

None

+2,008

Dry Creek

At the confluence with Stecoah Creek

None

+2,050

Graham County.

Approximately 1,630 feet upstream of Collins Cove

None

+2,629

East Buffalo Creek

At the confluence with Cheoah River

None

+1,942

Graham County, Town of Lake Santeetlah.

Approximately 0.4 mile upstream of Buffalo Lane

None

+2,066

Eller Mill Creek

At the confluence with Little Snowbird Creek

None

+2,317

Graham County.

Approximately 0.5 mile upstream of the confluence with Little Snowbird Creek

None

+2,540

Fontana Lake

Entire shoreline within Graham County

None

+1,710

Graham County.

Franks Creek

At the confluence with Tulula Creek

None

+2,126

Graham County.

Approximately 1,000 feet upstream of Franks Creek Road (State Road 1207)

None

+2,315

Gladdens Creek

At the confluence with Cheoah River

None

+1,722

Graham County.

Approximately 0.5 mile upstream of Gladdens Creek Road (State Road 1135)

None

+1,917

Hares Creek

At the confluence with Tulula Creek

None

+2,278

Graham County.

Approximately 700 feet downstream of Carpenter Drive

None

+2,602

Hooper Mill Creek

At the confluence with West Buffalo Creek

None

+2,114

Graham County.

Approximately 20 feet downstream of the confluence of Seven Springs Branch

None

+2,672

Hyde Mill Creek

At the confluence with Tulula Creek

None

+2,084

Graham County.

Approximately 1,870 feet upstream of Floyd Carpenter Road (State Road 1132)

None

+2,433

Juanita Branch

At the confluence with Little Snowbird Creek

None

+2,985

Graham County.

Approximately 0.7 mile upstream of the confluence with Little Snowbird Creek

None

+3,255

Juts Creek

At the confluence with Tulula Creek

None

+2,425

Graham County.

Approximately 0.5 mile upstream of U.S. Highway 129

None

+2,580

Little Buffalo Creek

At the confluence with West Buffalo Creek and Squally Creek

None

+2,361

Graham County.

Approximately 1.5 miles upstream of the confluence with West Buffalo Creek and Squally Creek

None

+2,928

Little Snowbird Creek

At the confluence with Snowbird Creek

None

+2,108

Graham County, Eastern Band of Cherokee Indians.

Approximately 800 feet upstream of the confluence of Hornet Nest Branch

None

+3,288

Little Tennessee River

Approximately 1.7 miles downstream of the confluence of Cheoah River

None

+1,088

Graham County.

At the downstream side of the Fontana Dam

None

+1,277

Long Creek

At the confluence with Cheoah River

None

+1,968

Graham County, Town of Robbinsville.

Approximately 1.4 miles upstream of Springwood Lake Road

None

+2,393

Mountain Creek

At the confluence with Cheoah River

None

+1,945

Graham County, Eastern Band of Cherokee Indians.

Approximately 50 feet downstream of Mountain Creek Road (State Road 1214)

None

+2,397

Mouse Branch

At the confluence with Panther Creek

None

+1,710

Graham County.

Approximately 2.0 miles upstream of the confluence with Panther Creek

None

+1,713

North Fork Tuskeegee Creek

At the confluence with Tuskeegee Creek

None

+1,953

Graham County.

Approximately 1,420 feet upstream of Upper Tuskeegee NP (State Road 1242)

None

+2,031

Ollie Branch

At the confluence with East Buffalo Creek

None

+1,943

Graham County.

Approximately 180 feet upstream of Ollies Creek Road (State Road 1253)

None

+2,246

Panther Creek

At the confluence with Little Tennessee River

None

+1,710

Graham County.

Approximately 0.4 mile upstream of Shell Stand Road (State Road 1268)

None

+1,886

Santeetlah Creek

At the confluence with Cheoah River

None

+1,942

Graham County.

Approximately 1.8 miles upstream of the confluence with Cheoah River

None

+1,942

Sawyer Creek

At the confluence with Stecoah Creek

None

+1,710

Graham County.

Approximately 0.4 mile upstream of Upper Sawyers Creek NP (State Road 1240)

None

+2,284

Snowbird Creek

At the confluence with Cheoah River

None

+1,942

Graham County, Eastern Band of Cherokee Indians.

Approximately 0.6 mile downstream of the confluence of Chestnut Flat Branch

None

+2,207

South Fork Beech Creek

At the confluence with Beech Creek

None

+2,283

Graham County.

Approximately 1.6 miles upstream of Beech Creek Road (State Road 1223)

None

+2,845

Squally Creek

At the confluence with West Buffalo Creek and Little Buffalo Creek

None

+2,361

Graham County.

Approximately 0.9 mile upstream of the confluence of South Fork Squally Creek

None

+3,922

Stecoah Creek

At the confluence with Little Tennessee River

None

+1,710

Graham County.

Approximately 0.7 mile upstream of Cody Branch (State Road 1226)

None

+2,328

Sweetwater Creek

At the confluence with Cheoah River and Tulula Creek

None

+1,982

Graham County, Town of Robbinsville.

Approximately 80 feet downstream of NC Highway 143

None

+2,356

Town Branch

At the confluence with Panther Creek

None

+1,710

Graham County.

Approximately 0.5 mile upstream of the confluence of Town Branch Tributary 1

None

+1,729

Tributary 1

At the confluence with Town Branch

None

+1,710

Graham County.

Approximately 0.5 mile upstream of the confluence with Town Branch

None

+1,712

Tulula Creek

At the confluence with Cheoah River and Sweetwater Creek

None

+1,982

Graham County, Town of Robbinsville.

Approximately 0.8 mile upstream of the confluence of Juts Creek

None

+2,506

Tuskeegee Creek

At the confluence with Little Tennessee River

None

+1,710

Graham County.

At the confluence of North Fork Tuskeegee Creek

None

+1,953

West Buffalo Creek

At the confluence with Buffalo Creek

None

+1,942

Graham County.

At the confluence of Squally Creek and Little Buffalo Creek

None

+2,361

Wolf Creek

At the confluence with Panther Creek

None

+1,710

Graham County.

Approximately 0.5 mile upstream of Little Bear Lane

None

+1,855

Yellow Creek

At the confluence with Cheoah River

None

+1,447

Graham County.

Approximately 0.9 mile upstream of Yellow Creek Road (State Road 1242)

None

+2,338

* National Geodetic Vertical Datum.

# Depth in feet above ground.

+ North American Vertical Datum.

ADDRESSES

Eastern Band of Cherokee Indians

Maps are available for inspection at Ginger Lynn Welch Complex, 810 Aquona Road, Cherokee, North Carolina.

Send comments to Mr. Michell Hicks, Principal Chief for the Eastern Band of Cherokee Indians, P.O. Box 455, Cherokee, North Carolina 28719.

Graham County

Maps are available for inspection at Graham County Mapping Department, 12 North Main Street, Robbinsville, North Carolina.

Send comments to Mrs. Sandra Smith, Graham County Manager, 12 North Main Street, Robbinsville, North Carolina 28771.

Town of Lake Santeetlah

Maps are available for inspection at Lake Santeetlah Town Hall, 4 Marina Drive, Lake Santeetlah, North Carolina.

Send comments to The Honorable Harding Hohenschutz, Mayor of the Town of Lake Santeetlah, 4 Marina Drive, Lake Santeetlah, North Carolina 28771.

Town of Robbinsville

Maps are available for inspection at Robbinsville Town Hall, 4 Court Street, Robbinsville, North Carolina.

Send comments to The Honorable Bobby Cagle, Jr., Mayor of the Town of Robbinsville, P.O. Box 129, Robbinsville, North Carolina 28771.

Moody County, South Dakota, and Incorporated Areas

Big Sioux River

Just upstream of County Highway 32 2500 feet upstream of First Avenue

None

None

+1532

+1543

Unincorporated Areas of Moody County, City of Flandreau.

* National Geodetic Vertical Datum.

# Depth in feet above ground.

+ North American Vertical Datum.

ADDRESSES

City of Flandreau

Maps are available for inspection at 1005 W. Elm Avenue, Planning and Zoning Department, Flandreau, SD 57028.

Send comments to The Honorable Warren Ludeman, Mayor, City of Flandreau, 1005 W. Elm Avenue, PO Box 343, Flandreau, SD 57028.

Unincorporated Areas of Moody County

Maps are available for inspection at 101 E. Pipestone Avenue, Suite E, Flandreau, SD 57028.

Send comments to Ms. Brenda Duncan, Planning and Zoning Secretary, 101 E. Pipestone Avenue, Suite E, Flandreau, SD 57028.

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

Dated: August 31, 2007.

David I. Maurstad,

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

[FR Doc. E7-17821 Filed 9-10-07; 8:45 am]

BILLING CODE 9110-12-P