FR Doc E7-15427

[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]

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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.

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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.
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* 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.
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Orange County, North Carolina, and Incorporated Areas
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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.
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* 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.
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(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]

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