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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
CFR Citation: 44 CFR Part 67
Docket ID: [Docket No. FEMA-B-7736 & D-7820]
NOTICE: PROPOSED RULES
ACTION: Flood elevation determinations:
DOCUMENT ACTION: Proposed rule.
SUBJECT CATEGORY: Proposed Flood Elevation Determinations
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.
DOCUMENT 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).
SUMMARY: North Carolina and Texas,
SUPPLEMENTAL 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.
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)
confluence with Rocky River.
Approximately 1,700 None +574
feet upstream of Rocky
River Crossing Road. *National Geodetic Vertical Datum.
+North American Vertical Datum.
ADDRESSES Town of Harrisburg
Maps are available for inspection at the Harrisburg Town Hall, 4100 Main Street, Suite 101, Harrisburg, North Carolina.
Send comments to The Honorable Tim Hagler, Mayor of the Town of Harrisburg, P.O. Box 100, Harrisburg, North Carolina 28075.
Chowan County, North Carolina and Incorporated Areas
Filberts Creek...................... Approximately 250 feet None +7 Town of Edenton.
downstream of Virginia Road/NC Highway 32.
Approximately 1,120 None +14 feet upstream of
Virginia Road/NC
Highway 32.
Northeast Tributary of Queen Anne At the confluence with +10 +7 Unincorporated Areas of
Creek. Queen Anne Creek. Chowan County.
Approximately 920 feet None +12 upstream of the
confluence with
Northeast Tributary of Queen Anne Creek
Tributary 1.
Tributary 1..................... At the confluence with None +8 Unincorporated Areas of
Northeast Tributary of Chowan County. Queen Anne Creek.
Approximately 1,150 None +14
feet upstream of the confluence with
Northeast Tributary of Queen Anne Creek.
At the confluence with +10 +7 Unincorporated Areas of
Queen Anne Creek. Chowan County, Town of
Edenton.
Approximately 80 feet None +16
downstream of Railroad.
Pembroke Creek...................... At Wildcat Road (State None +7 Unincorporated Areas of
Road 1208). Chowan County. [[Page 54626]]
Approximately 1.2 miles None +13 upstream of the
confluence with
Pembroke Creek
Tributary 8.
Tributary 1..................... Approximately 0.5 mile None +8 Unincorporated Areas of
upstream of the Chowan County. confluence with
Pembroke Creek.
Approximately 330 feet None +16
downstream of VS Road/ NC Highway 32.
Tributary 2..................... At the confluence with None +7 Unincorporated Areas of
Pembroke Creek. Chowan County.
Approximately 0.4 mile None +8 upstream of the
confluence with
Pembroke Creek.
Tributary 3..................... At the confluence with None +7 Unincorporated Areas of
Pembroke Creek. Chowan County.
Approximately 0.5 mile None +8 upstream of the
confluence with
Pembroke Creek.
Tributary 4..................... At the confluence with None +7 Unincorporated Areas of Pembroke Creek. Chowan County. Approximately 1.4 miles None +15 upstream of Greenhall Road (State Road 1316).
Tributary 5..................... At the confluence with None +8 Unincorporated Areas of Pembroke Creek. Chowan County. Approximately 0.6 mile None +13 upstream of Greenhall Road (State Road 1316).
Tributary 6..................... At the confluence with None +10 Unincorporated Areas of Pembroke Creek. Chowan County. Approximately 1,620 None +11 feet upstream of the confluence with
Pembroke Creek.
Tributary 7..................... At the confluence with None +11 Unincorporated Areas of Pembroke Creek. Chowan County. Approximately 1,700 None +11 feet upstream of the confluence with
Pembroke Creek.
Tributary 8..................... At the confluence with None +12 Unincorporated Areas of
Pembroke Creek. Chowan County.
Approximately 0.5 mile None +12 upstream of the
confluence with
Pembroke Creek
Tributary 8A.
Tributary 8A.................... At the confluence with None +12 Unincorporated Areas of
Pembroke Creek Chowan County. Tributary 8.
Approximately 0.5 mile None +12 upstream of the
confluence with
Pembroke Creek
Tributary 8.
Queen Anne Creek.................... Just downstream of +7 +6 Unincorporated Areas of
Paxton Lane. Chowan County, Town of
Edenton.
Approximately 490 feet None +15 upstream of U.S. 17
BYP.
Rockyhock Creek..................... At Rocky Hock Road None +7 Unincorporated Areas of
(State Road 1222). Chowan County.
Approximately 0.8 mile None +29
upstream of NC Highway 32.
Tributary 1..................... At the confluence with None +7 Unincorporated Areas of
Rockyhock Creek. Chowan County.
Approximately 0.6 mile None +9 upstream of the
confluence with
Rockyhock Creek.
Tributary 2..................... At the confluence with None +8 Unincorporated Areas of
Rockyhock Creek. Chowan County.
Approximately 0.9 mile None +9 upstream of the
confluence with
Rockyhock Creek.
Tributary 3..................... At the confluence with None +11 Unincorporated Areas of Rockyhock Creek. Chowan County. Approximately 0.8 mile None +15 upstream of Rocky Hock Landing Road (State
Road 1224).
Tributary 3A.................... At the confluence with None +11 Unincorporated Areas of
Rockyhock Creek Chowan County. Tributary 3.
Approximately 0.6 mile None +15 upstream of the
confluence with
Rockyhock Creek
Tributary 3.
Tributary 4..................... At the confluence with None +11 Unincorporated Areas of
Rockyhock Creek. Chowan County.
Approximately 100 feet None +14 downstream of Nixon
Road (State Road 1225).
Tributary 5..................... At the confluence with None +11 Unincorporated Areas of
Rockyhock Creek. Chowan County. [[Page 54627]]
Approximately 350 feet None +36 downstream of Cisco
Road (State Road 1314).
Tributary 5A.................... At the confluence with None +20 Unincorporated Areas of
Rockyhock Creek Chowan County. Tributary 5.
Approximately 0.5 mile None +25 upstream of the
confluence with
Rockyhock Creek
Tributary 5.
Tributary 6..................... At the confluence with None +12 Unincorporated Areas of Rockyhock Creek. Chowan County. Approximately 0.4 mile None +15 upstream of Rocky Hock Landing Road (State
Road 1224).
Tributary 7..................... At the confluence with None +15 Unincorporated Areas of
Rockyhock Creek. Chowan County.
Approximately 0.8 mile None +18 upstream of the
confluence with
Rockyhock Creek.
Tributary 8..................... At the confluence with None +15 Unincorporated Areas of
Rockyhock Creek. Chowan County.
Approximately 150 feet None +22 downstream of NC
Highway 32.
*National Geodetic Vertical Datum.
+North American Vertical Datum.
ADDRESSES Town of Edenton
Maps are available for inspection at Edenton Town Hall, 400 South Broad Street, Edenton, North Carolina.
Send comments to Ms. AnneMarie Knighton, Edenton Town Manager, P.O. Box 300, Edenton, North Carolina 27932. Unincorporated Areas of Chowan County
Maps are available for inspection at Chowan County Planning Department, 108 East King Street, Edenton, North Carolina.
Send comments to Mr. Luther C. Copeland, Jr., Chowan County Manager, P.O. Box 1030, Edenton, North Carolina 27932.
Macon County, North Carolina and Incorporated Areas
Allison Creek....................... The confluence with None +2,232 Unincorporated Areas of
Jones Creek. Macon County.
Approximately 0.5 mile None +2,492
upstream of Southards
Road (State Road 1133).
Beasely Creek....................... At the confluence with None +2,179 Unincorporated Areas of
Cowee Creek. Macon County.
Approximately 215 feet None +2,269
downstream of Goshen
Road (State Road 1347).
Big Creek........................... The confluence with None +3,606 Unincorporated Areas of
Cullasaja River. Macon County, Town of
Highlands.
Approximately 25 feet None +3,837 downstream of the
confluence of Houston Branch.
Brooks Creek........................ The confluence with None +2,477 Unincorporated Areas of
Clear Creek. Macon County.
Approximately 0.4 mile None +2,483 upstream of the
confluence with Clear Creek.
Burningtown Creek................... At the confluence with None +1,890 Unincorporated Areas of
Little Tennessee River. Macon County.
Approximately 480 feet None +2,030 upstream of Younce
Creek Road (State Road 1390).
Caler Fork.......................... The confluence with None +2,013 Unincorporated Areas of
Cowee Creek. Macon County.
Approximately 20 feet None +2,081 downstream of the
confluence of Dalton Creek.
Cartoogechaye Creek................. The confluence of None +2,024 Unincorporated Areas of
Little Tennessee River. Macon County, Town of
Franklin.
At the confluence of None +2,179
Jones Creek and Poplar Cove Creek.
Cat Creek........................... The confluence with None +2,046 Unincorporated Areas of
Rabbit Creek. Macon County.
Approximately 0.5 mile None +2,087
upstream of Ferguson
Road (State Road 1507). [[Page 54628]]
Chattooga River..................... The North Carolina/ None +2,150 Unincorporated Areas of
Georgia state boundary. Macon County.
At the confluence of None +2,512 Cane Creek.
Clear Creek......................... The North Carolina/ None +2,467 Unincorporated Areas of
Georgia state boundary. Macon County.
Approximately 390 feet None +2,498 upstream of Clear
Creek Road (State Road 1613).
Cold Spring Creek................... The confluence with None +3,162 Unincorporated Areas of
Whiteoak Creek. Macon County.
Approximately 625 feet None +3,382 upstream of Cold
Springs Creek Road
(State Road 1397).
Commissioner Creek.................. At the confluence with None +2,099 Unincorporated Areas of
Little Tennessee River. Macon County.
Approximately 0.8 mile None +2,159 upstream of the
confluence with Little Tennessee River.
Coon Creek.......................... The confluence with None +2,053 Unincorporated Areas of
Watuaga Creek. Macon County.
Approximately 430 feet None +2,268 upstream of Brendle
Road (State Road 1331).
Cove Branch......................... The confluence with None +2,018 Unincorporated Areas of
Cullasaja River. Macon County.
Approximately 890 feet None +2,065
upstream of Hunnicutt
Road (State Road 1664).
Cowee Creek......................... The confluence with None +1,958 Unincorporated Areas of
Little Tennessee River. Macon County.
At the confluence of None +2,179
Beasley Creek and Mica City Creek.
Coweeta Creek....................... The confluence with None +2,047 Unincorporated Areas of
Little Tennessee River. Macon County.
Approximately 490 feet None +2,123 upstream of the
confluence of Howard Branch.
Crawford Branch..................... The confluence with None +2,012 Unincorporated Areas of
Little Tennessee River. Macon County, Town of
Franklin.
Approximately 660 feet None +2,096
upstream of Crawford Lane.
Cullasaja River..................... The confluence with None +2017 Unincorporated Areas of
Little Tennessee River. Macon County, Town of
Franklin, Town of
Highlands.
Approximately 200 feet None +3979
upstream of Crescent Trail.
Ellijay Creek....................... The confluence with None +2,054 Unincorporated Areas of
Cullasaja River. Macon County.
Approximately 60 feet None +2,235 upstream of Little
Ellijay Road (State
Road 1528).
Jones Creek......................... At the confluence with None +2,179 Unincorporated Areas of
Poplar Cove Creek and Macon County.
Cartoogechaye Creek.
At the confluence of None +2,232 Allison Creek.
Little Tennessee River.............. The Macon/Swain County None +1,835 Unincorporated Areas of
boundary. Macon County, Town of
Franklin.
Approximately 0.5 mile None +2,100 upstream of the
confluence of
Commissioner Creek.
Tributary 5......................... At the confluence with None +2,015 Unincorporated Areas of
Little Tennessee River. Macon County, Town of
Franklin.
Approximately 720 feet None +2,104 upstream of John
Justice Road (State
Road 1509).
Tributary 6......................... At the confluence with None +2,018 Unincorporated Areas of
Little Tennessee River. Macon County, Town of
Franklin.
Approximately 1.0 mile None +2,083 upstream of the
confluence with Little Tennessee River.
Lotla Creek......................... At the confluence with None +1,972 Unincorporated Areas of
Little Tennessee River. Macon County.
Approximately 0.7 mile None +2,017 upstream of Airport
Road (State Road 1434).
Lowery Creek........................ At the confluence with None +2,191 Unincorporated Areas of
Jones Creek. Macon County. [[Page 54629]]
Approximately 330 feet None +2,315
downstream of Anderson
Creek Road (State Road 1302).
Mashburn Branch..................... The confluence with None +2,027 Unincorporated Areas of
Cullasaja River. Macon County.
Approximately 0.5 mile None +2,094 upstream of Fulton
Road (State Road 1668).
Matlock Creek....................... The confluence with None +1,994 Unincorporated Areas of
Cowee Creek. Macon County.
The confluence with None +2,055 Rickman Creek.
Middle Creek........................ The confluence with None +2,064 Unincorporated Areas of
Little Tennessee River. Macon County.
Approximately 155 feet None +2149 downstream of the
confluence of Drymans Branch.
Mill Creek.......................... The confluence with None +2,091 Unincorporated Areas of
Cartoogechaye Creek. Macon County.
The confluence of Mint None +2,147 Branch.
(Highlands)......................... The confluence with None +3,658 Town of Highlands. Cullasaja River.
Approximately 150 feet None +3,819
downstream North 4th Street.
Monger Creek (Club Lake)............ The confluence with None +3,606 Unincorporated Areas of
Cullasaja River. Macon County, Town of
Highlands.
Approximately 1,230 None +3,641 feet upstream of
Hummingbird Lane.
Nantahala River..................... Approximately 250 feet None +1,961 Unincorporated Areas of
downstream of Macon/ Macon County.
Swain County boundary.
Approximately 1.9 miles None +3,320 upstream of U.S.
Highway 64.
North Fork Coweeta Creek............ The confluence with None +2,094 Unincorporated Areas of
Coweeta Creek. Macon County.
Approximately 0.6 mile None +2,156 upstream of Coweeta
Church Road (State
Road 1115).
North Prong Ellijay Creek........... The confluence with None +2,191 Unincorporated Areas of
Ellijay Creek. Macon County.
Approximately 0.6 mile None +2,236 upstream of the
confluence with
Ellijay Creek.
Otter Creek......................... At the confluence with None +2,653 Unincorporated Areas of
Whiteoak Creek. Macon County.
Approximately 1,200 None +2,842
feet upstream of Otter
Creek Road (State Road 1365).
rPoplar Cove Creek.................. At the confluence with None +2,179 Unincorporated Areas of
Cartoogechaye Creek Macon County. and Jones Creek.
Approximately 380 feet None +2,264
upstream of Smith Hill
Road (State Road 1306).
Rabbit Creek........................ The confluence with None +2,001 Unincorporated Areas of
Little Tennessee River. Macon County, Town of
Franklin.
At the confluence of None +2,220
Corbin Creek and Berry Creek.
Rocky Branch........................ The confluence with None +1,977 Unincorporated Areas of
Little Tennessee River. Macon County.
Approximately 950 feet None +1,996
downstream of Nettie Hurst Road.
Rose Creek.......................... The confluence with None +1,946 Unincorporated Areas of
Little Tennessee River. Macon County.
Approximately 1,110 None +1,953 feet upstream of
Furman Welch Road
(State Road 1374).
Satulah Branch...................... At the confluence with None +3,819 Town of Highlands.
Mill Creek (Highlands).
Approximately 850 feet None +3,832
upstream of Smallwood Avenue.
Skeenah Creek....................... The confluence with None +2,037 Unincorporated Areas of
Little Tennessee River. Macon County.
Approximately 190 feet None +2,073 upstream of the
confluence of South
Fork Skeenah Creek.
Tessentee Creek..................... The confluence with None +2,056 Unincorporated Areas of
Little Tennessee River. Macon County.
The confluence of None +2,347 Whiterock Branch.
Watuaga Creek....................... The confluence with None +1,985 Unincorporated Areas of
Little Tennessee River. Macon County. [[Page 54630]]
Approximately 155 feet None +2,230 downstream of Brown
Branch Road.
Wayah Creek......................... At the confluence with None +2,152 Unincorporated Areas of
Cartoogechaye Creek. Macon County.
At the confluence of None +2,225 Shingletree Branch.
Whiteoak Creek...................... At the confluence with None +2,515 Unincorporated Areas of
Nantahala River. Macon County.
Approximately 900 feet None +3,169 upstream of the
confluence of Cold
Spring Creek.
*National Geodetic Vertical Datum.
+North American Vertical Datum.
ADDRESSES Town of Franklin
Maps are available for inspection at Franklin Town Hall, 188 West Main Street, Franklin, North Carolina.
Send comments to The Honorable Joe Collins, Mayor of the Town of Franklin, 188 West Main Street, Franklin, North Carolina 28734.
Town of Highlands
Maps are available for inspection at Highlands Town Hall, 210 North Fourth Street, Highlands, North Carolina.
Send comments to The Honorable Don Mullen, Mayor of the Town of Highlands, P.O. Box 460, Highlands, North Carolina 28741.
Unincorporated Areas of Macon County
Maps are available for inspection at Macon County Planning Department, Human Services Building, 5 West Main Street, Franklin, North Carolina.
Send comments to Mr. Sam Greenwood, Macon County Manager, Courthouse Annex, 5 West Main Street, Franklin, North Carolina 28734.
Comal County, Texas, and Incorporated Areas
Alligator Creek..................... Approximately 4500 feet +640 +643 City of New Braunfels. downstream from the
intersection with FM 1101 Road.
Intersection with None +717 Hoffman Lane.
Tributary No. 6................. Confluence with None +715 City of New Braunfels,
Alligator Creek. Unincorporated Areas
of Comal County.
Intersection with FM None +795 306.
Bear Creek (Dry Comal Watershed).... Confluence of Bear None +730 City of Garden Ridge,
Creek and Dry Comal Unincorporated Areas
Watershed. of Comal County.
Confluence of Bear None +831
Creek and Bear Creek Tributary 14.
Blieder's Creek..................... Intersection with River None +663 City of New Braunfels,
Road. Unincorporated Areas
of Comal County.
Intersection with None +892 Schoenthal Road.
Bracken Tributary................... Confluence with Cibolo None +772 City of Garden Ridge,
Creek. Unincorporated Areas
of Comal County.
Approximately 2075 feet None +899 upstream from the
intersection with
Garden North Drive.
Cibolo Creek........................ Intersection with None +763 Unincorporated Areas of
Lookout Road. Comal County, City of
Fair Oaks Ranch, City
of Selma.
Approximately 1.1 mile +1274 +1276 upstream from the
confluence with
Postoak Creek.
Dry Comal Creek..................... At Altgelt Lane........ +643 +646 City of New Braunfels,
Unincorporated Areas
of Comal County.
Confluence of West Fork +784 +780 Dry Comal Creek and
Upper Comal Creek.
Garden Ridge Tributary.............. Confluence of HID None +784 City of Garden Ridge,
Tributary of Garden Unincorporated Areas
Ridge Tributary and of Comal County.
Garden Ridge Tributary.
Intersection with Water None +903 Wood Drive.
Guadalupe River (Lower Reach)....... Approximately 300 feet +626 +634 Unincorporated Areas of
upstream from the Comal County. intersection with
Missouri Kansas Texas Railroad.
[[Page 54631]]
Confluence with Canyon +755 +760
Dam Emergency Spillway Channel.
West Fork Tributary................. Confluence with West +802 +799 Unincorporated Areas of
Fork Dry Comal Creek. Comal County.
Approximately 774 feet +850 +852 downstream of
Schoenthal Rd.
*National Geodetic Vertical Datum.
+North American Vertical Datum.
ADDRESSES City of Fair Oaks Ranch
Maps are available for inspection at 7286 Dietz Elkhorn, Fair Oaks Ranch, TX 78015.
Send comments to The Honorable E.L. Boots Gaubatz, Mayor, 7286 Dietz Elkhorn, Fair Oaks Ranch, TX 78015. City of Garden Ridge
Maps are available for inspection at 9357 Schoenthal Road, Garden Ridge, TX 78266.
Send comments to The Honorable Jay Feibelman, Mayor, City of Garden Ridge, 9357 Schoenthal Road, Garden Ridge, TX 78266.
City of New Braunfels
Maps are available for inspection at 424 South Castell, New Braunfels, TX 78130.
Send comments to The Honorable Bruce Boyer, Mayor, City of New Braunfels, 424 South Castell, New Braunfels, TX 78130.
City of Selma
Maps are available for inspection at 9375 Corporate, Selma, TX 78154.
Send comments to The Honorable James Parma, Mayor, City of Selma, 9375 Corporate, Selma, TX 78154. Unincorporated Areas of Comal County
Maps are available for inspection at 195 David Jonas Drive, New Braunfels, TX 78132.
Send comments to The Honorable Danny Scheel, Judge, Comal County, 199 Main Plaza, New Braunfels, TX 78130.
(Catalog of Federal Domestic Assistance No. 97.022, ``Flood Insurance.'')
Dated: September 12, 2007.
David I. Maurstad,
Federal Insurance Administrator of the National Flood Insurance
Program, Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. E718948 Filed 92507; 8:45 am]
BILLING CODE 911012P
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) 6463151.
Common CFR Searches
14 CFR Part 39 40 CFR Part 52 14 CFR Part 71 33 CFR Part 165 50 CFR Part 679 26 CFR Part 1 40 CFR Part 180 47 CFR Part 73 50 CFR Part 17 33 CFR Part 117 44 CFR Part 67 50 CFR Part 648 14 CFR Part 97 33 CFR Part 100 40 CFR Part 63 50 CFR Part 622 26 CFR Part 301 39 CFR Part 111 40 CFR Part 300 50 CFR Part 660 44 CFR Part 65 40 CFR Parts 52 and 81 40 CFR Part 271 47 CFR Part 64 50 CFR Part 665 47 CFR Part 76 50 CFR Part 229 14 CFR Part 23 14 CFR Part 25 21 CFR Part 522