Proposed Flood Elevation Determinations,
[Federal Register: March 10, 2008 (Volume 73, Number 47)]
[Proposed Rules]
[Page 12695-12697]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10mr08-18]
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
[ Docket No. FEMA-B-7767]
Proposed Flood Elevation Determinations
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.
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.
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
[[Page 12696]]
the 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.
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]
-
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]
-
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
Swain County, North Carolina, and Incorporated Areas
Adams Creek......................... Approximately 650 feet
None
+1874 Eastern Band of upstream of the
Cherokee Indians. confluence with Oconaluftee River. Approximately 130 feet
None
+2233 upstream of Red Clay Road. Alarka Creek........................ At the confluence with
None
+1710 Unincorporated Areas of Little Tennessee River.
Swain County. Approximately 1,100
None
+2556 feet upstream of Unahala Creek Road (State Road 1138). Bunches Creek....................... Approximately 150 feet
+2384
+2385 Eastern Band of upstream of the
Cherokee Indians. confluence with Raven Fork. Approximately 0.8 mile
None
+3158 upstream of Bunches Creek Road. Conley Creek........................ At the confluence with
None
+1845 Unincorporated Areas of Tuckasegee River.
Swain County. Approximately 1,900
None
+2113 feet upstream of Childers Barn Lane. Cooper Creek........................ At the confluence with
+1795
+1792 Unincorporated Areas of Tuckasegee River.
Swain County, Eastern Band of Cherokee Indians. Approximately 100 feet
None
+2057 upstream of Issac Wiggins Road. Deep Creek.......................... At the confluence with
+1741
+1740 Unincorporated Areas of Tuckasegee River.
Swain County, Town of Bryson City. Approximately 150 feet
None
+1805 upstream of Access Road to Deep Creek Campgrounds. Goose Creek......................... At the upstream side of
None
+1855 Eastern Band of Goose Creek Road.
Cherokee Indians. Approximately 1,050
None
+1904 feet upstream of Goose Creek Road. Jenkins Branch...................... At the confluence with
+1728
+1727 Town of Bryson City. Tuckasegee River. Approximately 200 feet
None
+1815 upstream of Eastside Drive. Kirkland Creek...................... At the confluence with
+1754
+1751 Unincorporated Areas of Tuckasegee River.
Swain County, Town of Bryson City. Approximately 100 feet
None
+2222 upstream of Kirklands Creek Road (State Road 1164). Little Tennessee River.............. At the North Carolina/
None
+1088 Unincorporated Areas of Tennessee State
Swain County. boundary. Approximately 150 feet
None
+1857 upstream of the Swain/ Macon County boundary. Nantahala River..................... At the confluence with
None
+1710 Unincorporated Areas of Little Tennessee River.
Swain County. At the Swain/Macon
None
+1985 County boundary. Oconaluftee River................... Approximately 1.0 mile
None
+2056 Unincorporated Areas of upstream of the
Swain County. confluence with Raven Fork. Approximately 1.8 miles
None
+2135 upstream of the confluence with Raven Fork. Pigeon Creek........................ Approximately 20 feet
None
+2257 Eastern Band of upstream of confluence
Cherokee Indians. with Raven Fork. Approximately 0.7 mile
None
+2717 upstream of the confluence with Raven Fork.
[[Page 12697]]
Raven Fork.......................... Approximately 1,650
None
+2638 Eastern Band of feet upstream of Big
Cherokee Indians. Cove Road. Approximately 0.5 mile
None
+2663 upstream of Big Cove Road. Shepherd Creek...................... At the confluence with
None
+1844 Unincorporated Areas of Kirkland Creek.
Swain County. Approximately 1.4 miles
None
+2232 upstream of the confluence with Kirkland Creek. Silvermine Creek.................... At the confluence with
None
+1724 Unincorporated Areas of Nantahala River.
Swain County. Approximately 100 feet
None
+2151 upstream of Taylor Road (State Road 1104). Straight Fork....................... Approximately 100 feet
+2454
+2455 Eastern Band of upstream of the
Cherokee Indians. confluence with Raven Fork. Approximately 1.0 mile
None
+2558 upstream of the confluence with Raven Fork. Toot Hollow Branch.................. At the confluence with
+1735
+1734 Unincorporated Areas of Tuckasegee River.
Swain County, Town of Bryson City. Approximately 330 feet
None
+1806 upstream of Monteith Road (State Road 1334). Tuckasegee River.................... At the confluence with
None
+1710 Unincorporated Areas of Little Tennessee River.
Swain County, Eastern Band of Cherokee Indians, Town of Bryson City. At the upstream side of
None
+1845 U.S. 74/U.S. 441. Wesser Creek........................ At the confluence with
None
+1984 Unincorporated Areas of Conley Creek.
Swain County. Approximately 200 feet
None
+2052 upstream of Estes Drive. Wesser Creek (into Nantahala River). At the confluence with
None
+1711 Unincorporated Areas of Nantahala River.
Swain County. Just downstream of the
None
+2201 confluence of Right Fork Wesser Creek.
* 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.'')
Dated: March 3, 2008. Michael K. Buckley, Deputy Assistant Administrator for Mitigation, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E8-4726 Filed 3-7-08; 8:45 am]
BILLING CODE 9110-12-P
