Skip to Content

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:

Comments are requested on the proposed Base (1 percent annual-chance) Flood Elevations (BFEs) and proposed BFE modifications for the communities listed in the table below. The purpose of this notice is to seek general information and comment regarding the proposed regulatory flood elevations for the reach described by the downstream and upstream locations in the table below. The BFEs and modified BFEs are a part of the floodplain management measures that the community is required either to adopt or show evidence of having in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). In addition, these elevations, once finalized, will be used by insurance agents, and others to calculate appropriate flood insurance premium rates for new buildings and the contents in those buildings.

DATES:

Comments are to be submitted on or before June 9, 2008.

ADDRESSES:

The corresponding preliminary Flood Insurance Rate Map (FIRM) for the proposed BFEs for each community are available for inspection at the community's map repository. The respective addresses are listed in the table below.

You may submit comments, identified by Docket No. FEMA-B-7767, to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-3151, or (e-mail) bill.blanton@dhs.gov.

Start Further Info

FOR FURTHER INFORMATION CONTACT:

William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-3151 or (e-mail) bill.blanton@dhs.gov.

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.

Comments on any aspect of the Flood Insurance Study and FIRM, other than the proposed BFEs, will be considered. A letter acknowledging receipt of any comments will not be sent.

Administrative Procedure Act Statement. This matter is not a rulemaking governed by the Administrative Procedure Act (APA), 5 U.S.C. 553. FEMA publishes flood elevation determinations for notice and comment; however, they are governed by the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq., and do not fall under the APA.

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 Start Printed Page 12696the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-612, a regulatory flexibility analysis is not required.

Executive Order 12866, Regulatory Planning and Review. This proposed rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866, as amended.

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
Swain County, North Carolina, and Incorporated Areas
Adams CreekApproximately 650 feet upstream of the confluence with Oconaluftee RiverNone+1874Eastern Band of Cherokee Indians.
Approximately 130 feet upstream of Red Clay RoadNone+2233
Alarka CreekAt the confluence with Little Tennessee RiverNone+1710Unincorporated Areas of Swain County.
Approximately 1,100 feet upstream of Unahala Creek Road (State Road 1138)None+2556
Bunches CreekApproximately 150 feet upstream of the confluence with Raven Fork+2384+2385Eastern Band of Cherokee Indians.
Approximately 0.8 mile upstream of Bunches Creek RoadNone+3158
Conley CreekAt the confluence with Tuckasegee RiverNone+1845Unincorporated Areas of Swain County.
Approximately 1,900 feet upstream of Childers Barn LaneNone+2113
Cooper CreekAt the confluence with Tuckasegee River+1795+1792Unincorporated Areas of Swain County, Eastern Band of Cherokee Indians.
Approximately 100 feet upstream of Issac Wiggins RoadNone+2057
Deep CreekAt the confluence with Tuckasegee River+1741+1740Unincorporated Areas of Swain County, Town of Bryson City.
Approximately 150 feet upstream of Access Road to Deep Creek CampgroundsNone+1805
Goose CreekAt the upstream side of Goose Creek RoadNone+1855Eastern Band of Cherokee Indians.
Approximately 1,050 feet upstream of Goose Creek RoadNone+1904
Jenkins BranchAt the confluence with Tuckasegee River+1728+1727Town of Bryson City.
Approximately 200 feet upstream of Eastside DriveNone+1815
Kirkland CreekAt the confluence with Tuckasegee River+1754+1751Unincorporated Areas of Swain County, Town of Bryson City.
Approximately 100 feet upstream of Kirklands Creek Road (State Road 1164)None+2222
Little Tennessee RiverAt the North Carolina/Tennessee State boundaryNone+1088Unincorporated Areas of Swain County.
Approximately 150 feet upstream of the Swain/Macon County boundaryNone+1857
Nantahala RiverAt the confluence with Little Tennessee RiverNone+1710Unincorporated Areas of Swain County.
At the Swain/Macon County boundaryNone+1985
Oconaluftee RiverApproximately 1.0 mile upstream of the confluence with Raven ForkNone+2056Unincorporated Areas of Swain County.
Approximately 1.8 miles upstream of the confluence with Raven ForkNone+2135
Pigeon CreekApproximately 20 feet upstream of confluence with Raven ForkNone+2257Eastern Band of Cherokee Indians.
Approximately 0.7 mile upstream of the confluence with Raven ForkNone+2717
Start Printed Page 12697
Raven ForkApproximately 1,650 feet upstream of Big Cove RoadNone+2638Eastern Band of Cherokee Indians.
Approximately 0.5 mile upstream of Big Cove RoadNone+2663
Shepherd CreekAt the confluence with Kirkland CreekNone+1844Unincorporated Areas of Swain County.
Approximately 1.4 miles upstream of the confluence with Kirkland CreekNone+2232
Silvermine CreekAt the confluence with Nantahala RiverNone+1724Unincorporated Areas of Swain County.
Approximately 100 feet upstream of Taylor Road (State Road 1104)None+2151
Straight ForkApproximately 100 feet upstream of the confluence with Raven Fork+2454+2455Eastern Band of Cherokee Indians.
Approximately 1.0 mile upstream of the confluence with Raven ForkNone+2558
Toot Hollow BranchAt the confluence with Tuckasegee River+1735+1734Unincorporated Areas of Swain County, Town of Bryson City.
Approximately 330 feet upstream of Monteith Road (State Road 1334)None+1806
Tuckasegee RiverAt the confluence with Little Tennessee RiverNone+1710Unincorporated Areas of Swain County, Eastern Band of Cherokee Indians, Town of Bryson City.
At the upstream side of U.S. 74/U.S. 441None+1845
Wesser CreekAt the confluence with Conley CreekNone+1984Unincorporated Areas of Swain County.
Approximately 200 feet upstream of Estes DriveNone+2052
Wesser Creek (into Nantahala River)At the confluence with Nantahala RiverNone+1711Unincorporated Areas of Swain County.
Just downstream of the confluence of Right Fork Wesser CreekNone+2201
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
# Depth in feet above ground.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed.
Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472.
ADDRESSES
Eastern Band of Cherokee Indians
Maps are available for inspection at Ginger Lynn Welch Complex, 810 Acquoni Road, Cherokee, NC.
Town of Bryson City
Maps are available for inspection at Town of Bryson City Manager's Office, 45 Everett Street, Bryson City, NC.
Unincorporated Areas of Swain County
Maps are available for inspection at Swain County Mapping Department, 101 Mitchell Street, Bryson City, NC.

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

Start Signature

Dated: March 3, 2008.

Michael K. Buckley,

Deputy Assistant Administrator for Mitigation, Department of Homeland Security, Federal Emergency Management Agency.

End Signature End Part End Supplemental Information

[FR Doc. E8-4726 Filed 3-7-08; 8:45 am]

BILLING CODE 9110-12-P