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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.

Start Preamble

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 Start Printed Page 54625respective addresses are listed in the table below.

Start Further Info

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.

End Further Info End Preamble Start Supplemental Information

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.

Start List of Subjects

List of Subjects in 44 CFR Part 67

End List of Subjects

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

Start Part

PART 67—[AMENDED]

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

Start Authority

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.

End Authority
[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
Cabarrus County, North Carolina and Incorporated Areas
Rocky River Tributary 14Approximately 500 feet upstream of the confluence with Rocky RiverNone+561Town of Harrisburg.
Approximately 1,700 feet upstream of Rocky River Crossing RoadNone+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 CreekApproximately 250 feet downstream of Virginia Road/NC Highway 32None+7Town of Edenton.
Approximately 1,120 feet upstream of Virginia Road/NC Highway 32None+14
Northeast Tributary of Queen Anne CreekAt the confluence with Queen Anne Creek+10+7Unincorporated Areas of Chowan County.
Approximately 920 feet upstream of the confluence with Northeast Tributary of Queen Anne Creek Tributary 1None+12
Tributary 1At the confluence with Northeast Tributary of Queen Anne CreekNone+8Unincorporated Areas of Chowan County.
Approximately 1,150 feet upstream of the confluence with Northeast Tributary of Queen Anne CreekNone+14
At the confluence with Queen Anne Creek+10+7Unincorporated Areas of Chowan County, Town of Edenton.
Approximately 80 feet downstream of RailroadNone+16
Pembroke CreekAt Wildcat Road (State Road 1208)None+7Unincorporated Areas of Chowan County.
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Approximately 1.2 miles upstream of the confluence with Pembroke Creek Tributary 8None+13
Tributary 1Approximately 0.5 mile upstream of the confluence with Pembroke CreekNone+8Unincorporated Areas of Chowan County.
Approximately 330 feet downstream of VS Road/NC Highway 32None+16
Tributary 2At the confluence with Pembroke CreekNone+7Unincorporated Areas of Chowan County.
Approximately 0.4 mile upstream of the confluence with Pembroke CreekNone+8
Tributary 3At the confluence with Pembroke CreekNone+7Unincorporated Areas of Chowan County.
Approximately 0.5 mile upstream of the confluence with Pembroke CreekNone+8
Tributary 4At the confluence with Pembroke CreekNone+7Unincorporated Areas of Chowan County.
Approximately 1.4 miles upstream of Greenhall Road (State Road 1316)None+15
Tributary 5At the confluence with Pembroke CreekNone+8Unincorporated Areas of Chowan County.
Approximately 0.6 mile upstream of Greenhall Road (State Road 1316)None+13
Tributary 6At the confluence with Pembroke CreekNone+10Unincorporated Areas of Chowan County.
Approximately 1,620 feet upstream of the confluence with Pembroke CreekNone+11
Tributary 7At the confluence with Pembroke CreekNone+11Unincorporated Areas of Chowan County.
Approximately 1,700 feet upstream of the confluence with Pembroke CreekNone+11
Tributary 8At the confluence with Pembroke CreekNone+12Unincorporated Areas of Chowan County.
Approximately 0.5 mile upstream of the confluence with Pembroke Creek Tributary 8ANone+12
Tributary 8AAt the confluence with Pembroke Creek Tributary 8None+12Unincorporated Areas of Chowan County.
Approximately 0.5 mile upstream of the confluence with Pembroke Creek Tributary 8None+12
Queen Anne CreekJust downstream of Paxton Lane+7+6Unincorporated Areas of Chowan County, Town of Edenton.
Approximately 490 feet upstream of U.S. 17 BYPNone+15
Rockyhock CreekAt Rocky Hock Road (State Road 1222)None+7Unincorporated Areas of Chowan County.
Approximately 0.8 mile upstream of NC Highway 32None+29
Tributary 1At the confluence with Rockyhock CreekNone+7Unincorporated Areas of Chowan County.
Approximately 0.6 mile upstream of the confluence with Rockyhock CreekNone+9
Tributary 2At the confluence with Rockyhock CreekNone+8Unincorporated Areas of Chowan County.
Approximately 0.9 mile upstream of the confluence with Rockyhock CreekNone+9
Tributary 3At the confluence with Rockyhock CreekNone+11Unincorporated Areas of Chowan County.
Approximately 0.8 mile upstream of Rocky Hock Landing Road (State Road 1224)None+15
Tributary 3AAt the confluence with Rockyhock Creek Tributary 3None+11Unincorporated Areas of Chowan County.
Approximately 0.6 mile upstream of the confluence with Rockyhock Creek Tributary 3None+15
Tributary 4At the confluence with Rockyhock CreekNone+11Unincorporated Areas of Chowan County.
Approximately 100 feet downstream of Nixon Road (State Road 1225)None+14
Tributary 5At the confluence with Rockyhock CreekNone+11Unincorporated Areas of Chowan County.
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Approximately 350 feet downstream of Cisco Road (State Road 1314)None+36
Tributary 5AAt the confluence with Rockyhock Creek Tributary 5None+20Unincorporated Areas of Chowan County.
Approximately 0.5 mile upstream of the confluence with Rockyhock Creek Tributary 5None+25
Tributary 6At the confluence with Rockyhock CreekNone+12Unincorporated Areas of Chowan County.
Approximately 0.4 mile upstream of Rocky Hock Landing Road (State Road 1224)None+15
Tributary 7At the confluence with Rockyhock CreekNone+15Unincorporated Areas of Chowan County.
Approximately 0.8 mile upstream of the confluence with Rockyhock CreekNone+18
Tributary 8At the confluence with Rockyhock CreekNone+15Unincorporated Areas of Chowan County.
Approximately 150 feet downstream of NC Highway 32None+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 CreekThe confluence with Jones CreekNone+2,232Unincorporated Areas of Macon County.
Approximately 0.5 mile upstream of Southards Road (State Road 1133)None+2,492
Beasely CreekAt the confluence with Cowee CreekNone+2,179Unincorporated Areas of Macon County.
Approximately 215 feet downstream of Goshen Road (State Road 1347)None+2,269
Big CreekThe confluence with Cullasaja RiverNone+3,606Unincorporated Areas of Macon County, Town of Highlands.
Approximately 25 feet downstream of the confluence of Houston BranchNone+3,837
Brooks CreekThe confluence with Clear CreekNone+2,477Unincorporated Areas of Macon County.
Approximately 0.4 mile upstream of the confluence with Clear CreekNone+2,483
Burningtown CreekAt the confluence with Little Tennessee RiverNone+1,890Unincorporated Areas of Macon County.
Approximately 480 feet upstream of Younce Creek Road (State Road 1390)None+2,030
Caler ForkThe confluence with Cowee CreekNone+2,013Unincorporated Areas of Macon County.
Approximately 20 feet downstream of the confluence of Dalton CreekNone+2,081
Cartoogechaye CreekThe confluence of Little Tennessee RiverNone+2,024Unincorporated Areas of Macon County, Town of Franklin.
At the confluence of Jones Creek and Poplar Cove CreekNone+2,179
Cat CreekThe confluence with Rabbit CreekNone+2,046Unincorporated Areas of Macon County.
Approximately 0.5 mile upstream of Ferguson Road (State Road 1507)None+2,087
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Chattooga RiverThe North Carolina/Georgia state boundaryNone+2,150Unincorporated Areas of Macon County.
At the confluence of Cane CreekNone+2,512
Clear CreekThe North Carolina/Georgia state boundaryNone+2,467Unincorporated Areas of Macon County.
Approximately 390 feet upstream of Clear Creek Road (State Road 1613)None+2,498
Cold Spring CreekThe confluence with Whiteoak CreekNone+3,162Unincorporated Areas of Macon County.
Approximately 625 feet upstream of Cold Springs Creek Road (State Road 1397)None+3,382
Commissioner CreekAt the confluence with Little Tennessee RiverNone+2,099Unincorporated Areas of Macon County.
Approximately 0.8 mile upstream of the confluence with Little Tennessee RiverNone+2,159
Coon CreekThe confluence with Watuaga CreekNone+2,053Unincorporated Areas of Macon County.
Approximately 430 feet upstream of Brendle Road (State Road 1331)None+2,268
Cove BranchThe confluence with Cullasaja RiverNone+2,018Unincorporated Areas of Macon County.
Approximately 890 feet upstream of Hunnicutt Road (State Road 1664)None+2,065
Cowee CreekThe confluence with Little Tennessee RiverNone+1,958Unincorporated Areas of Macon County.
At the confluence of Beasley Creek and Mica City CreekNone+2,179
Coweeta CreekThe confluence with Little Tennessee RiverNone+2,047Unincorporated Areas of Macon County.
Approximately 490 feet upstream of the confluence of Howard BranchNone+2,123
Crawford BranchThe confluence with Little Tennessee RiverNone+2,012Unincorporated Areas of Macon County, Town of Franklin.
Approximately 660 feet upstream of Crawford LaneNone+2,096
Cullasaja RiverThe confluence with Little Tennessee RiverNone+2017Unincorporated Areas of Macon County, Town of Franklin, Town of Highlands.
Approximately 200 feet upstream of Crescent TrailNone+3979
Ellijay CreekThe confluence with Cullasaja RiverNone+2,054Unincorporated Areas of Macon County.
Approximately 60 feet upstream of Little Ellijay Road (State Road 1528)None+2,235
Jones CreekAt the confluence with Poplar Cove Creek and Cartoogechaye CreekNone+2,179Unincorporated Areas of Macon County.
At the confluence of Allison CreekNone+2,232
Little Tennessee RiverThe Macon/Swain County boundaryNone+1,835Unincorporated Areas of Macon County, Town of Franklin.
Approximately 0.5 mile upstream of the confluence of Commissioner CreekNone+2,100
Tributary 5At the confluence with Little Tennessee RiverNone+2,015Unincorporated Areas of Macon County, Town of Franklin.
Approximately 720 feet upstream of John Justice Road (State Road 1509)None+2,104
Tributary 6At the confluence with Little Tennessee RiverNone+2,018Unincorporated Areas of Macon County, Town of Franklin.
Approximately 1.0 mile upstream of the confluence with Little Tennessee RiverNone+2,083
Lotla CreekAt the confluence with Little Tennessee RiverNone+1,972Unincorporated Areas of Macon County.
Approximately 0.7 mile upstream of Airport Road (State Road 1434)None+2,017
Lowery CreekAt the confluence with Jones CreekNone+2,191Unincorporated Areas of Macon County.
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Approximately 330 feet downstream of Anderson Creek Road (State Road 1302)None+2,315
Mashburn BranchThe confluence with Cullasaja RiverNone+2,027Unincorporated Areas of Macon County.
Approximately 0.5 mile upstream of Fulton Road (State Road 1668)None+2,094
Matlock CreekThe confluence with Cowee CreekNone+1,994Unincorporated Areas of Macon County.
The confluence with Rickman CreekNone+2,055
Middle CreekThe confluence with Little Tennessee RiverNone+2,064Unincorporated Areas of Macon County.
Approximately 155 feet downstream of the confluence of Drymans BranchNone+2149
Mill CreekThe confluence with Cartoogechaye CreekNone+2,091Unincorporated Areas of Macon County.
The confluence of Mint BranchNone+2,147
(Highlands)The confluence with Cullasaja RiverNone+3,658Town of Highlands.
Approximately 150 feet downstream North 4th StreetNone+3,819
Monger Creek (Club Lake)The confluence with Cullasaja RiverNone+3,606Unincorporated Areas of Macon County, Town of Highlands.
Approximately 1,230 feet upstream of Hummingbird LaneNone+3,641
Nantahala RiverApproximately 250 feet downstream of Macon/Swain County boundaryNone+1,961Unincorporated Areas of Macon County.
Approximately 1.9 miles upstream of U.S. Highway 64None+3,320
North Fork Coweeta CreekThe confluence with Coweeta CreekNone+2,094Unincorporated Areas of Macon County.
Approximately 0.6 mile upstream of Coweeta Church Road (State Road 1115)None+2,156
North Prong Ellijay CreekThe confluence with Ellijay CreekNone+2,191Unincorporated Areas of Macon County.
Approximately 0.6 mile upstream of the confluence with Ellijay CreekNone+2,236
Otter CreekAt the confluence with Whiteoak CreekNone+2,653Unincorporated Areas of Macon County.
Approximately 1,200 feet upstream of Otter Creek Road (State Road 1365)None+2,842
Poplar Cove CreekAt the confluence with Cartoogechaye Creek and Jones CreekNone+2,179Unincorporated Areas of Macon County.
Approximately 380 feet upstream of Smith Hill Road (State Road 1306)None+2,264
Rabbit CreekThe confluence with Little Tennessee RiverNone+2,001Unincorporated Areas of Macon County, Town of Franklin.
At the confluence of Corbin Creek and Berry CreekNone+2,220
Rocky BranchThe confluence with Little Tennessee RiverNone+1,977Unincorporated Areas of Macon County.
Approximately 950 feet downstream of Nettie Hurst RoadNone+1,996
Rose CreekThe confluence with Little Tennessee RiverNone+1,946Unincorporated Areas of Macon County.
Approximately 1,110 feet upstream of Furman Welch Road (State Road 1374)None+1,953
Satulah BranchAt the confluence with Mill Creek (Highlands)None+3,819Town of Highlands.
Approximately 850 feet upstream of Smallwood AvenueNone+3,832
Skeenah CreekThe confluence with Little Tennessee RiverNone+2,037Unincorporated Areas of Macon County.
Approximately 190 feet upstream of the confluence of South Fork Skeenah CreekNone+2,073
Tessentee CreekThe confluence with Little Tennessee RiverNone+2,056Unincorporated Areas of Macon County.
The confluence of Whiterock BranchNone+2,347
Watuaga CreekThe confluence with Little Tennessee RiverNone+1,985Unincorporated Areas of Macon County.
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Approximately 155 feet downstream of Brown Branch RoadNone+2,230
Wayah CreekAt the confluence with Cartoogechaye CreekNone+2,152Unincorporated Areas of Macon County.
At the confluence of Shingletree BranchNone+2,225
Whiteoak CreekAt the confluence with Nantahala RiverNone+2,515Unincorporated Areas of Macon County.
Approximately 900 feet upstream of the confluence of Cold Spring CreekNone+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 CreekApproximately 4500 feet downstream from the intersection with FM 1101 Road+640+643City of New Braunfels.
Intersection with Hoffman LaneNone+717
Tributary No. 6Confluence with Alligator CreekNone+715City of New Braunfels, Unincorporated Areas of Comal County.
Intersection with FM 306None+795
Bear Creek (Dry Comal Watershed)Confluence of Bear Creek and Dry Comal WatershedNone+730City of Garden Ridge, Unincorporated Areas of Comal County.
Confluence of Bear Creek and Bear Creek Tributary 14None+831
Blieder's CreekIntersection with River RoadNone+663City of New Braunfels, Unincorporated Areas of Comal County.
Intersection with Schoenthal RoadNone+892
Bracken TributaryConfluence with Cibolo CreekNone+772City of Garden Ridge, Unincorporated Areas of Comal County.
Approximately 2075 feet upstream from the intersection with Garden North DriveNone+899
Cibolo CreekIntersection with Lookout RoadNone+763Unincorporated 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 CreekAt Altgelt Lane+643+646City of New Braunfels, Unincorporated Areas of Comal County.
Confluence of West Fork Dry Comal Creek and Upper Comal Creek+784+780
Garden Ridge TributaryConfluence of HID Tributary of Garden Ridge Tributary and Garden Ridge TributaryNone+784City of Garden Ridge, Unincorporated Areas of Comal County.
Intersection with Water Wood DriveNone+903
Guadalupe River (Lower Reach)Approximately 300 feet upstream from the intersection with Missouri Kansas Texas Railroad+626+634Unincorporated Areas of Comal County.
Start Printed Page 54631
Confluence with Canyon Dam Emergency Spillway Channel+755+760
West Fork TributaryConfluence with West Fork Dry Comal Creek+802+799Unincorporated 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.”)

Start Signature

Dated: September 12, 2007.

David I. Maurstad,

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

End Signature End Part End Supplemental Information

[FR Doc. E7-18948 Filed 9-25-07; 8:45 am]

BILLING CODE 9110-12-P