Proposed Flood Elevation Determinations

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-D-7822]

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

Lexington-Fayette Urban County Government, Kentucky, and Incorporated Areas

Bowman Mill Tributary

At the confluence with South Elkhorn Creek

None

+890

Lexington-Fayette Urban County Government.

Approximately 920 feet upstream of Palomar Boulevard

None

+940

Bryant Tributary

At the confluence with North Elkhorn Creek

None

+943

Lexington-Fayette Urban County Government.

Approximately 2,200 feet upstream of Polo Club Boulevard

None

+985

Cave Hill Tributary

At the confluence with Bowman Mill Tributary

None

+907

Lexington-Fayette Urban County Government.

Approximately 2,780 feet upstream of the confluence with Bowman Mill Tributary

None

+954

Southpoint Tributary

At the confluence with West Hickman Creek

None

+890

Lexington-Fayette Urban County Government.

Approximately 2,800 feet upstream of Southpoint Drive

None

+947

Wolf Run

Approximately 280 feet upstream of Beacon Hill Tributary

+923

+922

Lexington-Fayette Urban County Government.

At Nicholasville Road

None

+990

* National Geodetic Vertical Datum.

+ North American Vertical Datum.

# Depth in feet above ground.

ADDRESSES

Lexington-Fayette Urban County Government

Maps are available for inspection at Division of Planning, Current Planning Section, 101 East Vine Street, Lexington, KY 40507.

Send comments to The Honorable Jim Newberry, Mayor, Lexington-Fayette Urban County Government, 200 East Main Street, Lexington, KY 40507.

Tate County, Mississippi, and Incorporated Areas

Arkabutla Reservoir

Arkabutla Reservoir

None

+245

Town of Coldwater, Unincorporated Areas of Tate County.

Coldwater River

0.7 Miles Downstream of Arkabutla Reservior Dam

None

+195

Unincorporated Areas of Tate County.

At County Boundary

None

+252

Pidgeon Roost Creek

0.6 Miles Downstream of Pidgeon Roost Road

None

+292

Unincorporated Areas of Tate County.

400 Ft Downstream of Pidgeon Roost Road

None

+295

* National Geodetic Vertical Datum.

+ North American Vertical Datum.

# Depth in feet above ground.

ADDRESSES

Town of Coldwater

Maps are available for inspection at 444 Court Street, Coldwater, MS 38618.

Send comments to The Honorable Jessie Edwards, Mayor, Town of Coldwater, 444 Court Street, Coldwater, MS 38618.

Unincorporated Areas of Tate County

Maps are available for inspection at 201 Ward Street, Senatobia, MS 38668.

Send comments to Mr. James Sowell, President, Tate County Board of Supervisors, 201 Ward Street, Senatobia, MS 38668.

Clay County, North Carolina and Incorporated Areas

Blair Creek

At the confluence with Hiwassee River

None

+1,800

Clay County (Unincorporated Areas).

Approximately 0.4 mile upstream of NC-69

None

+1,840

Brasstown Creek

At the confluence with Hiwassee River

None

+1,587

Clay County (Unincorporated Areas).

Approximately 400 feet upstream of West Road (State Road 1111)

None

+1,713

Chatuga Lake

Entire shoreline within Clay County

None

+1,929

Clay County (Unincorporated Areas).

Coleman Creek

At the confluence with Hyatt Mill Creek

None

+1,934

Clay County (Unincorporated Areas).

Approximately 800 feet upstream of the confluence with Hyatt Mill Creek

None

+1,934

Crawford Creek

At the confluence with Brasstown Creek

None

+1,698

Clay County (Unincorporated Areas).

Approximately 1,430 feet upstream of Pine Ridge Drive

None

+1,837

Downing Creek

At the confluence with Hiwassee River

None

+1,796

Clay County (Unincorporated Areas).

Approximately 0.4 mile upstream of Lawrence Smith Road (State Road 1324)

None

+1,959

Eagle Fork Creek

At the confluence with Shooting Creek

None

+2,045

Clay County (Unincorporated Areas).

Approximately 200 feet upstream of Sally Gap Road

None

+2,211

Fires Creek

At the confluence with Hiwassee River

None

+1,724

Clay County (Unincorporated Areas).

Approximately 1.5 miles upstream of Fires Creek Road (State Road 1300)

None

+1,834

Giesky Creek

At the confluence with Shooting Creek

None

+1,981

Clay County (Unincorporated Areas).

Approximately 1,530 feet upstream of Sally Gap Road

None

+2,172

Gumlog Creek

At the confluence with Brasstown Creek

None

+1,669

Clay County (Unincorporated Areas).

Approximately 300 feet upstream of Pine Log Road (State Road 1104)

None

+1,703

Hiwassee River

Approximately 500 feet downstream of Old Highway 64W (State Road 1100)

None

+1,590

Clay County (Unincorporated Areas), Town of Hayesville.

Approximately 1,380 feet upstream of the confluence of Hiwassee River Tributary 1

None

+1,885

Tributary 1

At the confluence with Hiwassee River

None

+1,811

Clay County (Unincorporated Areas).

Approximately 0.5 mile upstream of Chatuge Dam Road (State Road 1146)

None

+1,811

Hothouse Branch

At the confluence with Shooting Creek

None

+1,943

Clay County (Unincorporated Areas).

Approximately 0.7 mile upstream of Fred and Carl Lane

None

+2,015

Hyatt Mill Creek

At the confluence with Hiwassee River

None

+1,802

Clay County (Unincorporated Areas).

At the confluence of Coleman Creek

None

+1,934

Licklog Creek

Approximately 200 feet downstream of U.S. Highway 64

None

+1,929

Clay County (Unincorporated Areas).

Approximately 450 feet upstream of Peckerwood Road (State Road 1328)

None

+2,005

Muskrat Branch

At the confluence with Shooting Creek and Thompson Creek

None

+2,183

Clay County (Unincorporated Areas).

Approximately 1.5 miles upstream of the confluence with Shooting Creek and Thompson Creek

None

+2,429

Nantahala River

At the Clay/Macon County boundary

None

+3,013

Clay County (Unincorporated Areas).

Approximately 450 feet downstream of Thunderstruck Lane

None

+3,089

Pinelong Creek

At the confluence with Brasstown Creek

None

+1,641

Clay County (Unincorporated Areas).

Approximately 1.0 mile upstream of Royal Oaks Trail

None

+1,914

Qually Creek

At the confluence with Hiwassee River

None

+1,788

Clay County (Unincorporated Areas).

Approximately 0.5 mile upstream of Ali Drive

None

+1,837

Shooting Creek

Approximately 800 feet upstream of Old Highway 64E

None

+1,929

Clay County (Unincorporated Areas).

Approximately 90 feet upstream of Old Highway 64E

None

+2,183

Sweetwater Creek

At the confluence with Hiwassee River

None

+1,686

Clay County (Unincorporated Areas).

Approximately 1.2 miles upstream of U.S. Highway 64

None

+1,844

Thompson Creek

At the confluence with Shooting Creek

None

+2,183

Clay County (Unincorporated Areas).

Approximately 0.5 mile upstream of Muskrat Creek Road (State Road 1173)

None

+2,283

Town Creek

At the confluence with Hiwassee River

None

+1,793

Clay County (Unincorporated Areas), Town of Hayesville.

Approximately 0.5 mile upstream of Anderson Street

None

+1,831

Tusquitee Creek

At the confluence with Hiwassee River

None

+1,783

Clay County (Unincorporated Areas).

Approximately 2.0 miles upstream of Chairmaker Drive

None

+2,214

Winchester Creek

At the confluence with Brasstown Creek

None

+1,671

Clay County (Unincorporated Areas).

Approximately 1,090 feet upstream of West Gum Log Road (State Road 1107)

None

+1,716

* National Geodetic Vertical Datum.

+ North American Vertical Datum.

# Depth in feet above ground.

ADDRESSES

Clay County

Maps are available for inspection at Clay County Building, 33 Main Street, Hayesville, NC.

Send comments to Mr. Paul Leek, Clay County Manager, P.O. Box 118, Hayesville, NC 28904.

Town of Hayesville

Maps are available for inspection at Hayesville Town Hall, 235 Sanderson Street, Hayesville, NC.

Send comments to The Honorable Harrell Moore, Mayor of the Town of Hayesville, P.O. Box 235, Hayesville, NC 28904.

Dyer County, Tennessee, and Incorporated Areas

Mississippi River

Approximately 720 feet downstream from the confluence of Obion River

None

+268

Unincorporated Areas of Dyer County.

County boundary

None

+281

* National Geodetic Vertical Datum.

+ North American Vertical Datum.

# Depth in feet above ground.

ADDRESSES

Unincorporated Areas of Dyer County

Maps are available for inspection at Building Inspector's Office, #1 Veterans Square, Dyersburg, TN 38025.

Send comments to The Honorable Richard Hill, Mayor, Dyer County, Dyer County Courthouse, P.O. Box 1360, Dyersburg, TN 38025-1360.

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

Dated: September 21, 2007.

David I. Maurstad,

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

[FR Doc. E7-19680 Filed 10-4-07; 8:45 am]

BILLING CODE 9110-12-P