Proposed Flood Elevation Determinations
Federal RegisterSep 26, 2007
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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 67
[Docket No. FEMA-B-7736 & D-7820]
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
Cabarrus County, North Carolina and Incorporated Areas
Rocky River Tributary 14
Approximately 500 feet upstream of the confluence with Rocky River
None
+561
Town of Harrisburg.
Approximately 1,700 feet upstream of Rocky River Crossing Road
None
+574
*National Geodetic Vertical Datum.
+North American Vertical Datum.
#Depth in feet above ground.
ADDRESSES
Town of Harrisburg
Maps are available for inspection at the Harrisburg Town Hall, 4100 Main Street, Suite 101, Harrisburg, North Carolina.
Send comments to The Honorable Tim Hagler, Mayor of the Town of Harrisburg, P.O. Box 100, Harrisburg, North Carolina 28075.
Chowan County, North Carolina and Incorporated Areas
Filberts Creek
Approximately 250 feet downstream of Virginia Road/NC Highway 32
None
+7
Town of Edenton.
Approximately 1,120 feet upstream of Virginia Road/NC Highway 32
None
+14
Northeast Tributary of Queen Anne Creek
At the confluence with Queen Anne Creek
+10
+7
Unincorporated Areas of Chowan County.
Approximately 920 feet upstream of the confluence with Northeast Tributary of Queen Anne Creek Tributary 1
None
+12
Tributary 1
At the confluence with Northeast Tributary of Queen Anne Creek
None
+8
Unincorporated Areas of Chowan County.
Approximately 1,150 feet upstream of the confluence with Northeast Tributary of Queen Anne Creek
None
+14
At the confluence with Queen Anne Creek
+10
+7
Unincorporated Areas of Chowan County, Town of Edenton.
Approximately 80 feet downstream of Railroad
None
+16
Pembroke Creek
At Wildcat Road (State Road 1208)
None
+7
Unincorporated Areas of Chowan County.
Approximately 1.2 miles upstream of the confluence with Pembroke Creek Tributary 8
None
+13
Tributary 1
Approximately 0.5 mile upstream of the confluence with Pembroke Creek
None
+8
Unincorporated Areas of Chowan County.
Approximately 330 feet downstream of VS Road/NC Highway 32
None
+16
Tributary 2
At the confluence with Pembroke Creek
None
+7
Unincorporated Areas of Chowan County.
Approximately 0.4 mile upstream of the confluence with Pembroke Creek
None
+8
Tributary 3
At the confluence with Pembroke Creek
None
+7
Unincorporated Areas of Chowan County.
Approximately 0.5 mile upstream of the confluence with Pembroke Creek
None
+8
Tributary 4
At the confluence with Pembroke Creek
None
+7
Unincorporated Areas of Chowan County.
Approximately 1.4 miles upstream of Greenhall Road (State Road 1316)
None
+15
Tributary 5
At the confluence with Pembroke Creek
None
+8
Unincorporated Areas of Chowan County.
Approximately 0.6 mile upstream of Greenhall Road (State Road 1316)
None
+13
Tributary 6
At the confluence with Pembroke Creek
None
+10
Unincorporated Areas of Chowan County.
Approximately 1,620 feet upstream of the confluence with Pembroke Creek
None
+11
Tributary 7
At the confluence with Pembroke Creek
None
+11
Unincorporated Areas of Chowan County.
Approximately 1,700 feet upstream of the confluence with Pembroke Creek
None
+11
Tributary 8
At the confluence with Pembroke Creek
None
+12
Unincorporated Areas of Chowan County.
Approximately 0.5 mile upstream of the confluence with Pembroke Creek Tributary 8A
None
+12
Tributary 8A
At the confluence with Pembroke Creek Tributary 8
None
+12
Unincorporated Areas of Chowan County.
Approximately 0.5 mile upstream of the confluence with Pembroke Creek Tributary 8
None
+12
Queen Anne Creek
Just downstream of Paxton Lane
+7
+6
Unincorporated Areas of Chowan County, Town of Edenton.
Approximately 490 feet upstream of U.S. 17 BYP
None
+15
Rockyhock Creek
At Rocky Hock Road (State Road 1222)
None
+7
Unincorporated Areas of Chowan County.
Approximately 0.8 mile upstream of NC Highway 32
None
+29
Tributary 1
At the confluence with Rockyhock Creek
None
+7
Unincorporated Areas of Chowan County.
Approximately 0.6 mile upstream of the confluence with Rockyhock Creek
None
+9
Tributary 2
At the confluence with Rockyhock Creek
None
+8
Unincorporated Areas of Chowan County.
Approximately 0.9 mile upstream of the confluence with Rockyhock Creek
None
+9
Tributary 3
At the confluence with Rockyhock Creek
None
+11
Unincorporated Areas of Chowan County.
Approximately 0.8 mile upstream of Rocky Hock Landing Road (State Road 1224)
None
+15
Tributary 3A
At the confluence with Rockyhock Creek Tributary 3
None
+11
Unincorporated Areas of Chowan County.
Approximately 0.6 mile upstream of the confluence with Rockyhock Creek Tributary 3
None
+15
Tributary 4
At the confluence with Rockyhock Creek
None
+11
Unincorporated Areas of Chowan County.
Approximately 100 feet downstream of Nixon Road (State Road 1225)
None
+14
Tributary 5
At the confluence with Rockyhock Creek
None
+11
Unincorporated Areas of Chowan County.
Approximately 350 feet downstream of Cisco Road (State Road 1314)
None
+36
Tributary 5A
At the confluence with Rockyhock Creek Tributary 5
None
+20
Unincorporated Areas of Chowan County.
Approximately 0.5 mile upstream of the confluence with Rockyhock Creek Tributary 5
None
+25
Tributary 6
At the confluence with Rockyhock Creek
None
+12
Unincorporated Areas of Chowan County.
Approximately 0.4 mile upstream of Rocky Hock Landing Road (State Road 1224)
None
+15
Tributary 7
At the confluence with Rockyhock Creek
None
+15
Unincorporated Areas of Chowan County.
Approximately 0.8 mile upstream of the confluence with Rockyhock Creek
None
+18
Tributary 8
At the confluence with Rockyhock Creek
None
+15
Unincorporated Areas of Chowan County.
Approximately 150 feet downstream of NC Highway 32
None
+22
*National Geodetic Vertical Datum.
+North American Vertical Datum.
#Depth in feet above ground.
ADDRESSES
Town of Edenton
Maps are available for inspection at Edenton Town Hall, 400 South Broad Street, Edenton, North Carolina.
Send comments to Ms. Anne-Marie Knighton, Edenton Town Manager, P.O. Box 300, Edenton, North Carolina 27932.
Unincorporated Areas of Chowan County
Maps are available for inspection at Chowan County Planning Department, 108 East King Street, Edenton, North Carolina.
Send comments to Mr. Luther C. Copeland, Jr., Chowan County Manager, P.O. Box 1030, Edenton, North Carolina 27932.
Macon County, North Carolina and Incorporated Areas
Allison Creek
The confluence with Jones Creek
None
+2,232
Unincorporated Areas of Macon County.
Approximately 0.5 mile upstream of Southards Road (State Road 1133)
None
+2,492
Beasely Creek
At the confluence with Cowee Creek
None
+2,179
Unincorporated Areas of Macon County.
Approximately 215 feet downstream of Goshen Road (State Road 1347)
None
+2,269
Big Creek
The confluence with Cullasaja River
None
+3,606
Unincorporated Areas of Macon County, Town of Highlands.
Approximately 25 feet downstream of the confluence of Houston Branch
None
+3,837
Brooks Creek
The confluence with Clear Creek
None
+2,477
Unincorporated Areas of Macon County.
Approximately 0.4 mile upstream of the confluence with Clear Creek
None
+2,483
Burningtown Creek
At the confluence with Little Tennessee River
None
+1,890
Unincorporated Areas of Macon County.
Approximately 480 feet upstream of Younce Creek Road (State Road 1390)
None
+2,030
Caler Fork
The confluence with Cowee Creek
None
+2,013
Unincorporated Areas of Macon County.
Approximately 20 feet downstream of the confluence of Dalton Creek
None
+2,081
Cartoogechaye Creek
The confluence of Little Tennessee River
None
+2,024
Unincorporated Areas of Macon County, Town of Franklin.
At the confluence of Jones Creek and Poplar Cove Creek
None
+2,179
Cat Creek
The confluence with Rabbit Creek
None
+2,046
Unincorporated Areas of Macon County.
Approximately 0.5 mile upstream of Ferguson Road (State Road 1507)
None
+2,087
Chattooga River
The North Carolina/Georgia state boundary
None
+2,150
Unincorporated Areas of Macon County.
At the confluence of Cane Creek
None
+2,512
Clear Creek
The North Carolina/Georgia state boundary
None
+2,467
Unincorporated Areas of Macon County.
Approximately 390 feet upstream of Clear Creek Road (State Road 1613)
None
+2,498
Cold Spring Creek
The confluence with Whiteoak Creek
None
+3,162
Unincorporated Areas of Macon County.
Approximately 625 feet upstream of Cold Springs Creek Road (State Road 1397)
None
+3,382
Commissioner Creek
At the confluence with Little Tennessee River
None
+2,099
Unincorporated Areas of Macon County.
Approximately 0.8 mile upstream of the confluence with Little Tennessee River
None
+2,159
Coon Creek
The confluence with Watuaga Creek
None
+2,053
Unincorporated Areas of Macon County.
Approximately 430 feet upstream of Brendle Road (State Road 1331)
None
+2,268
Cove Branch
The confluence with Cullasaja River
None
+2,018
Unincorporated Areas of Macon County.
Approximately 890 feet upstream of Hunnicutt Road (State Road 1664)
None
+2,065
Cowee Creek
The confluence with Little Tennessee River
None
+1,958
Unincorporated Areas of Macon County.
At the confluence of Beasley Creek and Mica City Creek
None
+2,179
Coweeta Creek
The confluence with Little Tennessee River
None
+2,047
Unincorporated Areas of Macon County.
Approximately 490 feet upstream of the confluence of Howard Branch
None
+2,123
Crawford Branch
The confluence with Little Tennessee River
None
+2,012
Unincorporated Areas of Macon County, Town of Franklin.
Approximately 660 feet upstream of Crawford Lane
None
+2,096
Cullasaja River
The confluence with Little Tennessee River
None
+2017
Unincorporated Areas of Macon County, Town of Franklin, Town of Highlands.
Approximately 200 feet upstream of Crescent Trail
None
+3979
Ellijay Creek
The confluence with Cullasaja River
None
+2,054
Unincorporated Areas of Macon County.
Approximately 60 feet upstream of Little Ellijay Road (State Road 1528)
None
+2,235
Jones Creek
At the confluence with Poplar Cove Creek and Cartoogechaye Creek
None
+2,179
Unincorporated Areas of Macon County.
At the confluence of Allison Creek
None
+2,232
Little Tennessee River
The Macon/Swain County boundary
None
+1,835
Unincorporated Areas of Macon County, Town of Franklin.
Approximately 0.5 mile upstream of the confluence of Commissioner Creek
None
+2,100
Tributary 5
At the confluence with Little Tennessee River
None
+2,015
Unincorporated Areas of Macon County, Town of Franklin.
Approximately 720 feet upstream of John Justice Road (State Road 1509)
None
+2,104
Tributary 6
At the confluence with Little Tennessee River
None
+2,018
Unincorporated Areas of Macon County, Town of Franklin.
Approximately 1.0 mile upstream of the confluence with Little Tennessee River
None
+2,083
Lotla Creek
At the confluence with Little Tennessee River
None
+1,972
Unincorporated Areas of Macon County.
Approximately 0.7 mile upstream of Airport Road (State Road 1434)
None
+2,017
Lowery Creek
At the confluence with Jones Creek
None
+2,191
Unincorporated Areas of Macon County.
Approximately 330 feet downstream of Anderson Creek Road (State Road 1302)
None
+2,315
Mashburn Branch
The confluence with Cullasaja River
None
+2,027
Unincorporated Areas of Macon County.
Approximately 0.5 mile upstream of Fulton Road (State Road 1668)
None
+2,094
Matlock Creek
The confluence with Cowee Creek
None
+1,994
Unincorporated Areas of Macon County.
The confluence with Rickman Creek
None
+2,055
Middle Creek
The confluence with Little Tennessee River
None
+2,064
Unincorporated Areas of Macon County.
Approximately 155 feet downstream of the confluence of Drymans Branch
None
+2149
Mill Creek
The confluence with Cartoogechaye Creek
None
+2,091
Unincorporated Areas of Macon County.
The confluence of Mint Branch
None
+2,147
(Highlands)
The confluence with Cullasaja River
None
+3,658
Town of Highlands.
Approximately 150 feet downstream North 4th Street
None
+3,819
Monger Creek (Club Lake)
The confluence with Cullasaja River
None
+3,606
Unincorporated Areas of Macon County, Town of Highlands.
Approximately 1,230 feet upstream of Hummingbird Lane
None
+3,641
Nantahala River
Approximately 250 feet downstream of Macon/Swain County boundary
None
+1,961
Unincorporated Areas of Macon County.
Approximately 1.9 miles upstream of U.S. Highway 64
None
+3,320
North Fork Coweeta Creek
The confluence with Coweeta Creek
None
+2,094
Unincorporated Areas of Macon County.
Approximately 0.6 mile upstream of Coweeta Church Road (State Road 1115)
None
+2,156
North Prong Ellijay Creek
The confluence with Ellijay Creek
None
+2,191
Unincorporated Areas of Macon County.
Approximately 0.6 mile upstream of the confluence with Ellijay Creek
None
+2,236
Otter Creek
At the confluence with Whiteoak Creek
None
+2,653
Unincorporated Areas of Macon County.
Approximately 1,200 feet upstream of Otter Creek Road (State Road 1365)
None
+2,842
Poplar Cove Creek
At the confluence with Cartoogechaye Creek and Jones Creek
None
+2,179
Unincorporated Areas of Macon County.
Approximately 380 feet upstream of Smith Hill Road (State Road 1306)
None
+2,264
Rabbit Creek
The confluence with Little Tennessee River
None
+2,001
Unincorporated Areas of Macon County, Town of Franklin.
At the confluence of Corbin Creek and Berry Creek
None
+2,220
Rocky Branch
The confluence with Little Tennessee River
None
+1,977
Unincorporated Areas of Macon County.
Approximately 950 feet downstream of Nettie Hurst Road
None
+1,996
Rose Creek
The confluence with Little Tennessee River
None
+1,946
Unincorporated Areas of Macon County.
Approximately 1,110 feet upstream of Furman Welch Road (State Road 1374)
None
+1,953
Satulah Branch
At the confluence with Mill Creek (Highlands)
None
+3,819
Town of Highlands.
Approximately 850 feet upstream of Smallwood Avenue
None
+3,832
Skeenah Creek
The confluence with Little Tennessee River
None
+2,037
Unincorporated Areas of Macon County.
Approximately 190 feet upstream of the confluence of South Fork Skeenah Creek
None
+2,073
Tessentee Creek
The confluence with Little Tennessee River
None
+2,056
Unincorporated Areas of Macon County.
The confluence of Whiterock Branch
None
+2,347
Watuaga Creek
The confluence with Little Tennessee River
None
+1,985
Unincorporated Areas of Macon County.
Approximately 155 feet downstream of Brown Branch Road
None
+2,230
Wayah Creek
At the confluence with Cartoogechaye Creek
None
+2,152
Unincorporated Areas of Macon County.
At the confluence of Shingletree Branch
None
+2,225
Whiteoak Creek
At the confluence with Nantahala River
None
+2,515
Unincorporated Areas of Macon County.
Approximately 900 feet upstream of the confluence of Cold Spring Creek
None
+3,169
*National Geodetic Vertical Datum.
+North American Vertical Datum.
#Depth in feet above ground.
ADDRESSES
Town of Franklin
Maps are available for inspection at Franklin Town Hall, 188 West Main Street, Franklin, North Carolina.
Send comments to The Honorable Joe Collins, Mayor of the Town of Franklin, 188 West Main Street, Franklin, North Carolina 28734.
Town of Highlands
Maps are available for inspection at Highlands Town Hall, 210 North Fourth Street, Highlands, North Carolina.
Send comments to The Honorable Don Mullen, Mayor of the Town of Highlands, P.O. Box 460, Highlands, North Carolina 28741.
Unincorporated Areas of Macon County
Maps are available for inspection at Macon County Planning Department, Human Services Building, 5 West Main Street, Franklin, North Carolina.
Send comments to Mr. Sam Greenwood, Macon County Manager, Courthouse Annex, 5 West Main Street, Franklin, North Carolina 28734.
Comal County, Texas, and Incorporated Areas
Alligator Creek
Approximately 4500 feet downstream from the intersection with FM 1101 Road
+640
+643
City of New Braunfels.
Intersection with Hoffman Lane
None
+717
Tributary No. 6
Confluence with Alligator Creek
None
+715
City of New Braunfels, Unincorporated Areas of Comal County.
Intersection with FM 306
None
+795
Bear Creek (Dry Comal Watershed)
Confluence of Bear Creek and Dry Comal Watershed
None
+730
City of Garden Ridge, Unincorporated Areas of Comal County.
Confluence of Bear Creek and Bear Creek Tributary 14
None
+831
Blieder's Creek
Intersection with River Road
None
+663
City of New Braunfels, Unincorporated Areas of Comal County.
Intersection with Schoenthal Road
None
+892
Bracken Tributary
Confluence with Cibolo Creek
None
+772
City of Garden Ridge, Unincorporated Areas of Comal County.
Approximately 2075 feet upstream from the intersection with Garden North Drive
None
+899
Cibolo Creek
Intersection with Lookout Road
None
+763
Unincorporated Areas of Comal County, City of Fair Oaks Ranch, City of Selma.
Approximately 1.1 mile upstream from the confluence with Postoak Creek
+1274
+1276
Dry Comal Creek
At Altgelt Lane
+643
+646
City of New Braunfels, Unincorporated Areas of Comal County.
Confluence of West Fork Dry Comal Creek and Upper Comal Creek
+784
+780
Garden Ridge Tributary
Confluence of HID Tributary of Garden Ridge Tributary and Garden Ridge Tributary
None
+784
City of Garden Ridge, Unincorporated Areas of Comal County.
Intersection with Water Wood Drive
None
+903
Guadalupe River (Lower Reach)
Approximately 300 feet upstream from the intersection with Missouri Kansas Texas Railroad
+626
+634
Unincorporated Areas of Comal County.
Confluence with Canyon Dam Emergency Spillway Channel
+755
+760
West Fork Tributary
Confluence with West Fork Dry Comal Creek
+802
+799
Unincorporated Areas of Comal County.
Approximately 774 feet downstream of Schoenthal Rd
+850
+852
*National Geodetic Vertical Datum.
+North American Vertical Datum.
#Depth in feet above ground.
ADDRESSES
City of Fair Oaks Ranch
Maps are available for inspection at 7286 Dietz Elkhorn, Fair Oaks Ranch, TX 78015.
Send comments to The Honorable E.L. Boots Gaubatz, Mayor, 7286 Dietz Elkhorn, Fair Oaks Ranch, TX 78015.
City of Garden Ridge
Maps are available for inspection at 9357 Schoenthal Road, Garden Ridge, TX 78266.
Send comments to The Honorable Jay Feibelman, Mayor, City of Garden Ridge, 9357 Schoenthal Road, Garden Ridge, TX 78266.
City of New Braunfels
Maps are available for inspection at 424 South Castell, New Braunfels, TX 78130.
Send comments to The Honorable Bruce Boyer, Mayor, City of New Braunfels, 424 South Castell, New Braunfels, TX 78130.
City of Selma
Maps are available for inspection at 9375 Corporate, Selma, TX 78154.
Send comments to The Honorable James Parma, Mayor, City of Selma, 9375 Corporate, Selma, TX 78154.
Unincorporated Areas of Comal County
Maps are available for inspection at 195 David Jonas Drive, New Braunfels, TX 78132.
Send comments to The Honorable Danny Scheel, Judge, Comal County, 199 Main Plaza, New Braunfels, TX 78130.
(Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”)
Dated: September 12, 2007.
David I. Maurstad,
Federal Insurance Administrator of the National Flood Insurance Program, Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. E7-18948 Filed 9-25-07; 8:45 am]
BILLING CODE 9110-12-P
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