# Proposed Flood Elevation Determinations > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3AE7-17821 ## Record - **Collection:** Federal Register - **Document type:** Proposed Rule - **Published:** September 11, 2007 - **Citation:** 72 FR 51762 ## Text 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 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3AE7-17821. Public record. Not legal advice.