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Proposed Rule

Proposed Flood Elevation Determinations

Document Details

Information about this document as published in the Federal Register.

Published Document

This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.

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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.

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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.

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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 Start Printed Page 51763the 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.

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List of Subjects in 44 CFR Part 67

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Accordingly, 44 CFR part 67 is proposed to be amended as follows:

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PART 67—[AMENDED]

1. The authority citation for part 67 continues to read as follows:

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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.

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[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 groundCommunities affected
EffectiveModified
Larimer County, Colorado, and Incorporated Areas
Dry Creek (North of Canal)Just upstream of the confluence with Larimer and Weld Canal+4994+4993Unincorporated 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+4916City of Fort Collins, Unincorporated Areas of Larimer County.
Approximately 850 feet upstream of Redwood Street+4965+4964
East Vine DiversionJust upstream of the confluence with Dry Creek (South of Canal)None+4944City of Fort Collins, Unincorporated Areas of Larimer County.
Just downstream of Larimer and Weld CanalNone+4983
East Vine Diversion Left Overbank FlowJust upstream of Vine DriveNone+4944City of Fort Collins, Unincorporated Areas of Larimer County.
Approximately 1900 feet upstream of Vine DriveNone+4948
Larimer and Weld CanalAt the confluence with East Vine DiversionNone+4983City 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+4919Unincorporated 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 CreekAt the confluence with Tulula CreekNone+2,255Graham County.
Approximately 0.4 mile upstream of State Road 1103None+2,643
Atoah CreekAt the confluence with Long CreekNone+2,045Graham County.
Approximately 230 feet upstream of Lewis Nelson RoadNone+2,329
Bear Creek (near Dentons)At the confluence with Little Snowbird CreekNone+2,510Graham County.
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Approximately 1.5 miles upstream of the confluence with Little Snowbird CreekNone+3,093
Beech CreekAt the confluence with Sweetwater CreekNone+2,196Graham County.
Approximately 1,920 feet upstream of the confluence of South Fork Beech CreekNone+2,363
Bert CreekAt the confluence with Tulula CreekNone+2,185Graham County.
Approximately 1,100 feet upstream of Berts Creek RoadNone+2,344
Buffalo CreekAt the confluence with Cheoah RiverNone+1,942Graham County.
At the confluence of West Buffalo CreekNone+1,942
Cheoah RiverAt the confluence with Little Tennessee RiverNone+1,088Graham County, Town of Robbinsville.
At the confluence of Tulula Creek and Sweetwater CreekNone+1,982
Cochran CreekApproximately 0.4 mile upstream of Cochrans Creek Road (State Road 1250)None+1,930Graham County.
At the confluence with Cheoah RiverNone+1,963
Cooloska BranchAt the confluence with Snowbird CreekNone+1,942Graham County, Eastern Band of Cherokee Indians.
Approximately 900 feet upstream of Massey Branch Road (State Road 1116)None+1,965
Tributary 1At the confluence with Cooloska BranchNone+1,961Eastern Band of Cherokee Indians.
Approximately 30 feet downstream of Jackson Branch Road (State Road 1149)None+2,008
Dry CreekAt the confluence with Stecoah CreekNone+2,050Graham County.
Approximately 1,630 feet upstream of Collins CoveNone+2,629
East Buffalo CreekAt the confluence with Cheoah RiverNone+1,942Graham County, Town of Lake Santeetlah.
Approximately 0.4 mile upstream of Buffalo LaneNone+2,066
Eller Mill CreekAt the confluence with Little Snowbird CreekNone+2,317Graham County.
Approximately 0.5 mile upstream of the confluence with Little Snowbird CreekNone+2,540
Fontana LakeEntire shoreline within Graham CountyNone+1,710Graham County.
Franks CreekAt the confluence with Tulula CreekNone+2,126Graham County.
Approximately 1,000 feet upstream of Franks Creek Road (State Road 1207)None+2,315
Gladdens CreekAt the confluence with Cheoah RiverNone+1,722Graham County.
Approximately 0.5 mile upstream of Gladdens Creek Road (State Road 1135)None+1,917
Hares CreekAt the confluence with Tulula CreekNone+2,278Graham County.
Approximately 700 feet downstream of Carpenter DriveNone+2,602
Hooper Mill CreekAt the confluence with West Buffalo CreekNone+2,114Graham County.
Approximately 20 feet downstream of the confluence of Seven Springs BranchNone+2,672
Hyde Mill CreekAt the confluence with Tulula CreekNone+2,084Graham County.
Approximately 1,870 feet upstream of Floyd Carpenter Road (State Road 1132)None+2,433
Juanita BranchAt the confluence with Little Snowbird CreekNone+2,985Graham County.
Approximately 0.7 mile upstream of the confluence with Little Snowbird CreekNone+3,255
Juts CreekAt the confluence with Tulula CreekNone+2,425Graham County.
Approximately 0.5 mile upstream of U.S. Highway 129None+2,580
Little Buffalo CreekAt the confluence with West Buffalo Creek and Squally CreekNone+2,361Graham County.
Approximately 1.5 miles upstream of the confluence with West Buffalo Creek and Squally CreekNone+2,928
Little Snowbird CreekAt the confluence with Snowbird CreekNone+2,108Graham County, Eastern Band of Cherokee Indians.
Approximately 800 feet upstream of the confluence of Hornet Nest BranchNone+3,288
Little Tennessee RiverApproximately 1.7 miles downstream of the confluence of Cheoah RiverNone+1,088Graham County.
At the downstream side of the Fontana DamNone+1,277
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Long CreekAt the confluence with Cheoah RiverNone+1,968Graham County, Town of Robbinsville.
Approximately 1.4 miles upstream of Springwood Lake RoadNone+2,393
Mountain CreekAt the confluence with Cheoah RiverNone+1,945Graham County, Eastern Band of Cherokee Indians.
Approximately 50 feet downstream of Mountain Creek Road (State Road 1214)None+2,397
Mouse BranchAt the confluence with Panther CreekNone+1,710Graham County.
Approximately 2.0 miles upstream of the confluence with Panther CreekNone+1,713
North Fork Tuskeegee CreekAt the confluence with Tuskeegee CreekNone+1,953Graham County.
Approximately 1,420 feet upstream of Upper Tuskeegee NP (State Road 1242)None+2,031
Ollie BranchAt the confluence with East Buffalo CreekNone+1,943Graham County.
Approximately 180 feet upstream of Ollies Creek Road (State Road 1253)None+2,246
Panther CreekAt the confluence with Little Tennessee RiverNone+1,710Graham County.
Approximately 0.4 mile upstream of Shell Stand Road (State Road 1268)None+1,886
Santeetlah CreekAt the confluence with Cheoah RiverNone+1,942Graham County.
Approximately 1.8 miles upstream of the confluence with Cheoah RiverNone+1,942
Sawyer CreekAt the confluence with Stecoah CreekNone+1,710Graham County.
Approximately 0.4 mile upstream of Upper Sawyers Creek NP (State Road 1240)None+2,284
Snowbird CreekAt the confluence with Cheoah RiverNone+1,942Graham County, Eastern Band of Cherokee Indians.
Approximately 0.6 mile downstream of the confluence of Chestnut Flat BranchNone+2,207
South Fork Beech CreekAt the confluence with Beech CreekNone+2,283Graham County.
Approximately 1.6 miles upstream of Beech Creek Road (State Road 1223)None+2,845
Squally CreekAt the confluence with West Buffalo Creek and Little Buffalo CreekNone+2,361Graham County.
Approximately 0.9 mile upstream of the confluence of South Fork Squally CreekNone+3,922
Stecoah CreekAt the confluence with Little Tennessee RiverNone+1,710Graham County.
Approximately 0.7 mile upstream of Cody Branch (State Road 1226)None+2,328
Sweetwater CreekAt the confluence with Cheoah River and Tulula CreekNone+1,982Graham County, Town of Robbinsville.
Approximately 80 feet downstream of NC Highway 143None+2,356
Town BranchAt the confluence with Panther CreekNone+1,710Graham County.
Approximately 0.5 mile upstream of the confluence of Town Branch Tributary 1None+1,729
Tributary 1At the confluence with Town BranchNone+1,710Graham County.
Approximately 0.5 mile upstream of the confluence with Town BranchNone+1,712
Tulula CreekAt the confluence with Cheoah River and Sweetwater CreekNone+1,982Graham County, Town of Robbinsville.
Approximately 0.8 mile upstream of the confluence of Juts CreekNone+2,506
Tuskeegee CreekAt the confluence with Little Tennessee RiverNone+1,710Graham County.
At the confluence of North Fork Tuskeegee CreekNone+1,953
West Buffalo CreekAt the confluence with Buffalo CreekNone+1,942Graham County.
At the confluence of Squally Creek and Little Buffalo CreekNone+2,361
Wolf CreekAt the confluence with Panther CreekNone+1,710Graham County.
Approximately 0.5 mile upstream of Little Bear LaneNone+1,855
Yellow CreekAt the confluence with Cheoah RiverNone+1,447Graham 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.
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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 RiverJust upstream of County Highway 32 2500 feet upstream of First AvenueNone None+1532 +1543Unincorporated 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.”)

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Dated: August 31, 2007.

David I. Maurstad,

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

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

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