E7-17821. 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, [phone].

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

Dated: August 31, 2007.

David I. Maurstad,

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