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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. Start Printed Page 56976

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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 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.

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List of Subjects in 44 CFR Part 67

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Accordingly,

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PART 67—[AMENDED]

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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]
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2. The tables published under the authority of § 67.4 are proposed to be amended as follows:

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Flooding source(s)Location of referenced elevation*Elevation in feet (NGVD) +Elevation in feet (NAVD) #Depth in feet above groundCommunities affected
EffectiveModified
Lexington-Fayette Urban County Government, Kentucky, and Incorporated Areas
Bowman Mill TributaryAt the confluence with South Elkhorn CreekNone+890Lexington-Fayette Urban County Government.
Approximately 920 feet upstream of Palomar BoulevardNone+940
Bryant TributaryAt the confluence with North Elkhorn CreekNone+943Lexington-Fayette Urban County Government.
Approximately 2,200 feet upstream of Polo Club BoulevardNone+985
Cave Hill TributaryAt the confluence with Bowman Mill TributaryNone+907Lexington-Fayette Urban County Government.
Approximately 2,780 feet upstream of the confluence with Bowman Mill TributaryNone+954
Southpoint TributaryAt the confluence with West Hickman CreekNone+890Lexington-Fayette Urban County Government.
Approximately 2,800 feet upstream of Southpoint DriveNone+947
Wolf RunApproximately 280 feet upstream of Beacon Hill Tributary+923+922Lexington-Fayette Urban County Government.
At Nicholasville RoadNone+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 ReservoirArkabutla ReservoirNone+245Town of Coldwater, Unincorporated Areas of Tate County.
Coldwater River0.7 Miles Downstream of Arkabutla Reservior DamNone+195Unincorporated Areas of Tate County.
At County BoundaryNone+252
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Pidgeon Roost Creek0.6 Miles Downstream of Pidgeon Roost RoadNone+292Unincorporated Areas of Tate County.
400 Ft Downstream of Pidgeon Roost RoadNone+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 CreekAt the confluence with Hiwassee RiverNone+1,800Clay County (Unincorporated Areas).
Approximately 0.4 mile upstream of NC-69None+1,840
Brasstown CreekAt the confluence with Hiwassee RiverNone+1,587Clay County (Unincorporated Areas).
Approximately 400 feet upstream of West Road (State Road 1111)None+1,713
Chatuga LakeEntire shoreline within Clay CountyNone+1,929Clay County (Unincorporated Areas).
Coleman CreekAt the confluence with Hyatt Mill CreekNone+1,934Clay County (Unincorporated Areas).
Approximately 800 feet upstream of the confluence with Hyatt Mill CreekNone+1,934
Crawford CreekAt the confluence with Brasstown CreekNone+1,698Clay County (Unincorporated Areas).
Approximately 1,430 feet upstream of Pine Ridge DriveNone+1,837
Downing CreekAt the confluence with Hiwassee RiverNone+1,796Clay County (Unincorporated Areas).
Approximately 0.4 mile upstream of Lawrence Smith Road (State Road 1324)None+1,959
Eagle Fork CreekAt the confluence with Shooting CreekNone+2,045Clay County (Unincorporated Areas).
Approximately 200 feet upstream of Sally Gap RoadNone+2,211
Fires CreekAt the confluence with Hiwassee RiverNone+1,724Clay County (Unincorporated Areas).
Approximately 1.5 miles upstream of Fires Creek Road (State Road 1300)None+1,834
Giesky CreekAt the confluence with Shooting CreekNone+1,981Clay County (Unincorporated Areas).
Approximately 1,530 feet upstream of Sally Gap RoadNone+2,172
Gumlog CreekAt the confluence with Brasstown CreekNone+1,669Clay County (Unincorporated Areas).
Approximately 300 feet upstream of Pine Log Road (State Road 1104)None+1,703
Hiwassee RiverApproximately 500 feet downstream of Old Highway 64W (State Road 1100)None+1,590Clay County (Unincorporated Areas), Town of Hayesville.
Approximately 1,380 feet upstream of the confluence of Hiwassee River Tributary 1None+1,885
Tributary 1At the confluence with Hiwassee RiverNone+1,811Clay County (Unincorporated Areas).
Approximately 0.5 mile upstream of Chatuge Dam Road (State Road 1146)None+1,811
Hothouse BranchAt the confluence with Shooting CreekNone+1,943Clay County (Unincorporated Areas).
Approximately 0.7 mile upstream of Fred and Carl LaneNone+2,015
Hyatt Mill CreekAt the confluence with Hiwassee RiverNone+1,802Clay County (Unincorporated Areas).
At the confluence of Coleman CreekNone+1,934
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Licklog CreekApproximately 200 feet downstream of U.S. Highway 64None+1,929Clay County (Unincorporated Areas).
Approximately 450 feet upstream of Peckerwood Road (State Road 1328)None+2,005
Muskrat BranchAt the confluence with Shooting Creek and Thompson CreekNone+2,183Clay County (Unincorporated Areas).
Approximately 1.5 miles upstream of the confluence with Shooting Creek and Thompson CreekNone+2,429
Nantahala RiverAt the Clay/Macon County boundaryNone+3,013Clay County (Unincorporated Areas).
Approximately 450 feet downstream of Thunderstruck LaneNone+3,089
Pinelong CreekAt the confluence with Brasstown CreekNone+1,641Clay County (Unincorporated Areas).
Approximately 1.0 mile upstream of Royal Oaks TrailNone+1,914
Qually CreekAt the confluence with Hiwassee RiverNone+1,788Clay County (Unincorporated Areas).
Approximately 0.5 mile upstream of Ali DriveNone+1,837
Shooting CreekApproximately 800 feet upstream of Old Highway 64ENone+1,929Clay County (Unincorporated Areas).
Approximately 90 feet upstream of Old Highway 64ENone+2,183
Sweetwater CreekAt the confluence with Hiwassee RiverNone+1,686Clay County (Unincorporated Areas).
Approximately 1.2 miles upstream of U.S. Highway 64None+1,844
Thompson CreekAt the confluence with Shooting CreekNone+2,183Clay County (Unincorporated Areas).
Approximately 0.5 mile upstream of Muskrat Creek Road (State Road 1173)None+2,283
Town CreekAt the confluence with Hiwassee RiverNone+1,793Clay County (Unincorporated Areas), Town of Hayesville.
Approximately 0.5 mile upstream of Anderson StreetNone+1,831
Tusquitee CreekAt the confluence with Hiwassee RiverNone+1,783Clay County (Unincorporated Areas).
Approximately 2.0 miles upstream of Chairmaker DriveNone+2,214
Winchester CreekAt the confluence with Brasstown CreekNone+1,671Clay 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 RiverApproximately 720 feet downstream from the confluence of Obion RiverNone+268Unincorporated Areas of Dyer County.
County boundaryNone+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.
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Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”

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Dated: September 21, 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. E7-19680 Filed 10-4-07; 8:45 am]

BILLING CODE 9110-12-P