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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
CFR Citation: 44 CFR Part 67
Docket ID: [ Docket No. FEMA-B-7767]
NOTICE: PROPOSED RULES
DOCUMENT ACTION: Proposed rule.
SUBJECT CATEGORY: Proposed Flood Elevation Determinations
DATES: Comments are to be submitted on or before June 9, 2008.
DOCUMENT 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.
SUMMARY: Proposed Flood Elevation Determinations,
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.
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
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the scope of the Regulatory Flexibility Act, 5 U.S.C. 601612, 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]
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)
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.
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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.
** 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. E84726 Filed 3708; 8:45 am]
BILLING CODE 911012P
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) 6463151 or (email) bill.blanton@dhs.gov.
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