Flood elevation determinations: Arkansas and North Carolina,

[Federal Register: August 8, 2007 (Volume 72, Number 152)]

[Proposed Rules]

[Page 44451-44457]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr08au07-24]

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-B-7728 and FEMA-D-7812]

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 Division, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-3151.

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

[[Page 44452]]

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.

    Sec. 67.4 [Amended]

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

    * Elevation in feet (NGVD) + Elevation in feet (NAVD) Flooding source(s)

    Location of referenced Depth in feet above Communities affected elevation

    ground

    Effective Modified

    Crawford County, Arkansas, and Incorporated Areas

    Louemma Creek....................... At the intersection of

    +460

    +459 City of Van Buren. Northhills Blvd. At the intersection

    +486

    +487 with Rena Road. Town Branch......................... Intersection with 20th

    +421

    +420 City of Van Buren. St.. Intersection with Alma.

    +441

    +445 * National Geodetic Vertical Datum. + North American Vertical Datum. Depth in feet above ground. ADDRESSES City of Van Buren

    Maps are available for inspection at 1003 Broadway, Van Buren, AR 72956. Send comments to The Honorable Bob Freeman, Mayor, 1003 Broadway, Van Buren, AR 72956.

    Davie County, North Carolina and Incorporated Areas

    Baxter Creek........................ At the confluence with

    None

    +680 Unincorporated Areas of Bear Creek.

    Davie County. Approximately 1.1 miles

    None

    +692 upstream of the confluence with Bear Creek. Bear Creek.......................... At the confluence with

    None

    +671 Unincorporated Areas of South Yadkin River.

    Davie County, Town of Mocksville. Approximately 310 feet

    None

    +811 downstream of Duke Whittaker Road (State Road 1316).

    Tributary 1..................... At the confluence with

    None

    +688 Unincorporated Areas of Bear Creek.

    Davie County. Approximately 580 feet

    None

    +698 upstream of Railroad.

    Tributary 2..................... At the confluence with

    None

    +700 Unincorporated Areas of Bear Creek.

    Davie County, Town of Mocksville. Approximately 740 feet

    None

    +769 upstream of South Davie Drive.

    Tributary 3..................... At the confluence with

    None

    +708 Unincorporated Areas of Bear Creek.

    Davie County, Town of Mocksville. Approximately 860 feet

    None

    +763 upstream of Valley Road.

    Tributary 3A.................... At the confluence with

    None

    +715 Unincorporated Areas of Bear Creek Tributary 3.

    Davie County, Town of Mocksville. Approximately 0.5 mile

    None

    +743 upstream of the confluence of Bear Creek Tributary 3.

    Tributary 4..................... At the confluence with

    None

    +711 Unincorporated Areas of Bear Creek.

    Davie County, Town of Mocksville.

    [[Page 44453]]

    Approximately 240 feet

    None

    +735 upstream of U.S. 64 Highway W.

    Tributary 5..................... At the confluence with

    None

    +767 Unincorporated Areas of Bear Creek.

    Davie County. Approximately 410 feet

    None

    +776 upstream of Ralph Ratledge Road (State Road 1312). Beaver Creek........................ At the confluence with

    None

    +702 Unincorporated Areas of Hunting Creek.

    Davie County. Approximately 90 feet

    None

    +731 downstream of Castle Lane.

    Tributary 1..................... At the confluence with

    None

    +703 Unincorporated Areas of Beaver Creek.

    Davie County. Approximately 0.6 mile

    None

    +738 upstream of U.S. 64 Highway W. Becks Spring Branch................. At the confluence with

    None

    +699 Unincorporated Areas of Dutchman Creek.

    Davie County. Approximately 0.6 mile

    None

    +726 upstream of Eatons Church Road (State Road 1415). Bryant Branch....................... At the confluence with

    None

    +690 Unincorporated Areas of Dutchman Creek.

    Davie County. Approximately 120 feet

    None

    +715 upstream of Lutz Lane. Buffalo Creek....................... At the confluence with

    None

    +669 Unincorporated Areas of Dutchman Creek.

    Davie County. Approximately 1.2 miles

    None

    +690 upstream of Milling Road. Cain Mill Branch.................... At the confluence with

    None

    +795 Unincorporated Areas of Steelman Creek.

    Davie County. At the Davie/Yadkin

    None

    +795 County boundary. Carter Creek........................ At the confluence with

    +700

    +692 Unincorporated Areas of Yadkin River.

    Davie County. At NC 801..............

    +700

    +699

    Tributary....................... At the confluence with

    +700

    +692 Unincorporated Areas of Carter Creek.

    Davie County. Approximately 0.7 mile

    +700

    +698 upstream of the confluence with Carter Creek. Cedar Creek......................... At the confluence with

    None

    +673 Unincorporated Areas of Dutchman Creek.

    Davie County. Approximately 2.4 miles

    None

    +784 upstream of Wyo Road (State Road 1430). Chinquapin Creek.................... At the confluence with

    None

    +729 Unincorporated Areas of Dutchman Creek.

    Davie County. At the Davie/Yadkin

    None

    +788 County boundary. Cody Creek.......................... The confluence with the

    None

    +658 Unincorporated Areas of Yadkin River.

    Davie County. Approximately 0.5 mile

    None

    +709 upstream of NC 801. Cub Creek........................... At the confluence with

    None

    +674 Unincorporated Areas of Cedar Creek.

    Davie County. Approximately 1.0 mile

    None

    +687 upstream of the confluence with Cedar Creek. Dry Branch.......................... At the confluence with

    None

    +737 Unincorporated Areas of Dutchman Creek.

    Davie County. Approximately 0.7 mile

    None

    +781 upstream of Chinquapin Road. Dutchman Creek...................... At the confluence with

    None

    +661 Unincorporated Areas of the Yadkin River.

    Davie County. Approximately 0.4 mile

    None

    +811 upstream of Amber Hill Road (State Road 1325).

    Tributary 2..................... At the confluence with

    None

    +661 Unincorporated Areas of Dutchman Creek.

    Davie County. Approximately 0.6 mile

    None

    +681 upstream of NC 801.

    Tributary 3..................... At the confluence with

    None

    +661 Unincorporated Areas of Dutchman Creek.

    Davie County. Approximately 1.2 miles

    None

    +705 upstream of Frank Short Road.

    Tributary 4..................... At the confluence with

    None

    +683 Unincorporated Areas of Dutchman Creek.

    Davie County. Approximately 640 feet

    None

    +695 upstream of Woodward Road (State Road 1407).

    Tributary 5..................... At the confluence with

    None

    +776 Unincorporated Areas of Dutchman Creek.

    Davie County. Approximately 1.0 mile

    None

    +800 upstream of Ben Anderson Road (State Road 1321).

    [[Page 44454]]

    Tributary 6..................... At the confluence with

    None

    +784 Unincorporated Areas of Dutchman Creek.

    Davie County. Approximately 300 feet

    None

    +822 upstream of Davie/ Iredell County boundary. Elisha Creek........................ At the confluence with

    None

    +667 Unincorporated Areas of Dutchman Creek.

    Davie County, Town of Mocksville. Approximately 1,560

    None

    +712 feet upstream of the confluence of Elisha Creek Tributary.

    Tributary....................... At the confluence with

    None

    +706 Unincorporated Areas of Elisha Creek.

    Davie County, Town of Mocksville. Approximately 0.8 mile

    None

    +719 upstream of the confluence with Elisha Creek. Elsworth Creek...................... At the confluence with

    None

    +664 Unincorporated Areas of Dutchman Creek.

    Davie County. Approximately 1.2 miles

    None

    +699 upstream of Williams Road (State Road 1610). Frost Mill Creek.................... At the confluence with

    None

    +688 Unincorporated Areas of Dutchman Creek.

    Davie County. Approximately 0.4 mile

    None

    +744 upstream of Cana Road (State Road 1408). Fulton Creek........................ At the confluence with

    None

    +677 Unincorporated Areas of the Yadkin River.

    Davie County. Approximately 1,080

    None

    +714 feet upstream of Markland Road (State Road 1618). Greasy Creek........................ At the confluence with

    None

    +699 Unincorporated Areas of Dutchman Creek.

    Davie County. Approximately 2.0 miles

    None

    +757 upstream of Eatons Church Road (State Road 1415). Hauser Creek........................ Approximately 100 feet

    None

    +711 Unincorporated Areas of downstream of the

    Davie County. Davie/Yadkin County boundary. Approximately 0.7 mile

    None

    +725 upstream of Spillman Road (State Road 1458). Howard Branch....................... At the confluence with

    None

    +730 Unincorporated Areas of Dutchman Creek.

    Davie County. Approximately 1.3 miles

    None

    +772 upstream of Jack Booe Road (State Road 1330). Humpy Creek......................... At the confluence with

    None

    +661 Unincorporated Areas of Dutchman Creek.

    Davie County. Approximately 680 feet

    None

    +686 upstream of Riverview Road (State Road 1814). Hunting Creek....................... At the confluence with

    None

    +674 Unincorporated Areas of South Yadkin River.

    Davie County. At the Davie/Iredell

    None

    +724 County boundary.

    Tributary 1..................... At the confluence with

    None

    +690 Unincorporated Areas of Hunting Creek.

    Davie County. Approximately 140 feet

    None

    +707 downstream of Godbey Road (State Road 1150).

    Tributary 1A.................... At the confluence with

    None

    +690 Unincorporated Areas of Hunting Creek

    Davie County. Tributary 1. Approximately 1,420

    None

    +701 feet upstream of I-40 Highway W.

    Tributary 2..................... At the confluence with

    None

    +715 Unincorporated Areas of Hunting Creek.

    Davie County. Approximately 0.4 mile

    None

    +752 upstream of County Line Road (State Road 1338).

    Tributary 3..................... At the confluence with

    None

    +719 Unincorporated Areas of Hunting Creek.

    Davie County. Approximately 0.8 mile

    None

    +731 upstream of the confluence with Hunting Creek. Leonard Creek....................... At the confluence with

    None

    +666 Unincorporated Areas of Dutchman Creek.

    Davie County, Town of Mocksville. Approximately 1,610

    None

    +698 feet upstream of the confluence of Leonard Creek Tributary 1.

    Tributary 1..................... At the confluence with

    None

    +689 Unincorporated Areas of Leonard Creek.

    Davie County, Town of Mocksville.

    [[Page 44455]]

    Approximately 500 feet

    None

    +739 upstream of the confluence of Leonard Creek Tributary 1B.

    Tributary 1A.................... At the confluence with

    None

    +701 Unincorporated Areas of Leonard Creek

    Davie County, Town of Tributary 1.

    Mocksville. Approximately 0.8 mile

    None

    +725 upstream of the confluence with Leonard Creek Tributary 1. Little Bear Creek................... At the confluence with

    None

    +739 Unincorporated Areas of Bear Creek.

    Davie County. Approximately 700 feet

    None

    +798 downstream of Black Welder Road (State Road 1309). Little Creek (North)................ At the confluence with

    None

    +682 Unincorporated Areas of South Yadkin River.

    Davie County. Approximately 100 feet

    None

    +799 upstream of the Davie/ Iredell County boundary.

    Little Creek Tributary 1........ At the confluence with

    None

    +750 Unincorporated Areas of Little Creek (North).

    Davie County. Approximately 640 feet

    None

    +760 upstream of Crescent Drive (State Road 1157). Nelson Creek........................ At the confluence with

    None

    +693 Unincorporated Areas of Elisha Creek.

    Davie County, Town of Mocksville. Approximately 0.5 mile

    None

    +740 upstream of the confluence of Nelson Creek Tributary 1.

    Tributary 1..................... At the confluence with

    None

    +723 Town of Mocksville. Nelson Creek. Approximately 660 feet

    None

    +758 upstream of Park Avenue.

    Tributary 1A.................... At the confluence with

    None

    +726 Town of Mocksville. Nelson Creek Tributary 1. Approximately 1,260

    None

    +752 feet upstream of the confluence with Nelson Creek Tributary 1. No Creek............................ At the confluence with

    None

    +661 Unincorporated Areas of Dutchman Creek.

    Davie County. Approximately 0.5 mile

    None

    +689 upstream of U.S. Highway 64. Noland Creek........................ At the confluence with

    None

    +675 Unincorporated Areas of Dutchman Creek.

    Davie County. Approximately 1,430

    None

    +687 feet upstream of McClamrock Road (State Road 1640).

    Tributary 1..................... At the confluence with

    None

    +676 Unincorporated Areas of Noland Creek.

    Davie County. Approximately 0.4 mile

    None

    +695 upstream of McClamrock Road. Peeler Creek........................ At the confluence with

    None

    +658 Unincorporated Areas of Cody Creek.

    Davie County. Approximately 0.6 mile

    None

    +696 upstream of Will Boone Road (State Road 1802). Peoples Creek....................... At the confluence with

    None

    +684 Unincorporated Areas of the Yadkin River.

    Davie County. Approximately 1.5 miles

    None

    +770 upstream of Palomino Road. Reedy Creek......................... At the confluence with

    None

    +653 Unincorporated Areas of the Yadkin River.

    Davie County. Approximately 400 feet

    None

    +671 downstream of Cherry Hill Road (State Road 1819). Sheek Creek......................... At the confluence with

    None

    +702 Unincorporated Areas of the Yadkin River.

    Davie County, Town of Bermuda Run. Approximately 1,640

    None

    +722 feet upstream of Double A Trail. Smith Creek......................... Approximately 1,000

    +701

    +700 Unincorporated Areas of feet upstream of

    Davie County, Town of Kingsmill Drive.

    Bermuda Run. Approximately 1,510

    None

    +746 feet upstream of I-40 Highway W. South Yadkin River.................. At the confluence with

    None

    +648 Unincorporated Areas of Yadkin River.

    Davie County, Town of Cooleemee. Approximately 400 feet

    None

    +698 upstream of the Rowan/ Davie/Iredell County boundary.

    Tributary 1..................... At the confluence with

    None

    +656 Unincorporated Areas of South Yadkin River.

    Davie County. Approximately 0.7 mile

    None

    +669 upstream of the confluence with South Yadkin River.

    [[Page 44456]]

    Tributary 2..................... At the confluence with

    None

    +656 Unincorporated Areas of South Yadkin River.

    Davie County. Approximately 2,000

    None

    +656 feet upstream of the confluence of South Yadkin River Tributary 2B.

    Tributary 2A.................... At the confluence with

    None

    +656 Unincorporated Areas of South Yadkin River

    Davie County. Tributary 2. Approximately 1,590

    None

    +656 feet downstream of Pine Ridge Road (State Road 1103).

    Tributary 2B.................... At the confluence with

    None

    +656 Unincorporated Areas of South Yadkin River

    Davie County. Tributary 2. Approximately 0.4 mile

    None

    +660 upstream of the confluence with South Yadkin River Tributary 2.

    Tributary 3..................... At the confluence with

    None

    +690 Unincorporated Areas of South Yadkin River.

    Davie County. Approximately 0.6 mile

    None

    +691 upstream of the confluence with South Yadkin River.

    Tributary 4..................... At the confluence with

    None

    +693 Unincorporated Areas of South Yadkin River.

    Davie County. Approximately 0.5 mile

    None

    +695 upstream of the confluence with South Yadkin River. Steelman Creek...................... At the confluence with

    None

    +740 Unincorporated Areas of Dutchman Creek.

    Davie County. Approximately 0.4 mile

    None

    +769 upstream of the confluence of Cain Mill Branch. Sugar Creek......................... At the confluence with

    None

    +681 Unincorporated Areas of Cedar Creek.

    Davie County. Approximately 370 feet

    None

    +742 upstream of Bobbit Road (State Road 1444).

    Tributary 1..................... At the confluence with

    None

    +729 Unincorporated Areas of Sugar Creek.

    Davie County. Approximately 80 feet

    None

    +737 downstream of Rainbow Road (State Road 1441). Yadkin River........................ Approximately 1,200

    None

    +648 Unincorporated Areas of feet downstream of the

    Davie County, Town of confluence of South

    Bermuda Run. Yadkin River. Approximately 1,500

    None

    +711 feet upstream of the Forsyth/Davie/Yadkin County boundary.

    Tributary 1..................... At the confluence with

    None

    +678 Unincorporated Areas of the Yadkin River.

    Davie County. Approximately 780 feet

    None

    +678 upstream of Todd Road (State Road 1645).

    Tributary 3..................... At the confluence with

    +704

    +695 Town of Bermuda Run. Yadkin River. Approximately 450 feet

    None

    +703 upstream of Bridge Street.

    * National Geodetic Vertical Datum. + North American Vertical Datum. Depth in feet above ground. ADDRESSES Town of Bermuda Run

    Maps are available for inspection at Bermuda Run Town Hall, 169 Yadkins Valley Road, Suite 100, Advance, North Carolina. Send comments to The Honorable John Ferguson, Mayor of the Town of Bermuda Run, 169 Yadkins Valley Road, Suite 100, Advance, North Carolina 27006.

    Town of Cooleemee

    Maps are available for inspection at Davie County Courthouse, 140 South Main Street, Mocksville, North Carolina. Send comments to The Honorable John Chandler, Mayor of the Town of Cooleemee, P.O. Box 1080, Cooleemee, North Carolina 27014.

    Town of Mocksville

    Maps are available for inspection at Mocksville Town Hall, 171 Clement Street, Mocksville, North Carolina. Send comments to The Honorable Francis Slate, Mayor of the Town of Mocksville, 171 Clement Street, Mocksville, North Carolina 27028.

    Unincorporated Areas of Davie County

    Maps are available for inspection at Davie County Development Services, 172 Clement Street, Mocksville, North Carolina. Send comments to Mr. Terry Bralley, Davie County Manager, 172 Clement Street, Mocksville, North Carolina 27028.

    Orange County, North Carolina, and Incorporated Areas

    Dry Branch.......................... At the confluence with

    +285

    +286 Town of Chapel Hill. New Hope Creek Tributary 1. Approximately 870 feet

    None

    +397 upstream of Silver Creek Trail.

    * National Geodetic Vertical Datum.

    [[Page 44457]]

    + North American Vertical Datum. Depth in feet above ground. ADDRESSES Town of Chapel Hill

    Maps are available for inspection at Chapel Hill Town Hall, Stormwater Management Program Office, 209 North Columbia Street, Chapel Hill, North Carolina. Send comments to The Honorable Kevin C. Foy, Mayor of the Town of Chapel Hill, 405 Martin Luther King Jr. Boulevard, Chapel Hill, North Carolina 27514.

    (Catalog of Federal Domestic Assistance No. 97.022, ``Flood Insurance.'')

    Dated: July 26, 2007. David I. Maurstad, Federal Insurance Administrator of the National Flood Insurance Program, Department of Homeland Security, Federal Emergency Management Agency.

    [FR Doc. E7-15427 Filed 8-7-07; 8:45 am]

    BILLING CODE 9110-12-P

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