# Proposed Flood Elevation Determinations > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3AE7-19680 ## Record - **Collection:** Federal Register - **Document type:** Proposed Rule - **Published:** October 5, 2007 - **Citation:** 72 FR 56975 ## Text 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 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3AE7-19680. Public record. Not legal advice.