[Federal Register: June 12, 2008 (Volume 73, Number 114)]
[Rules and Regulations]
[Page 33317-33321]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12jn08-18]
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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 67
Final Flood Elevation Determinations
AGENCY: Federal Emergency Management Agency, DHS.
ACTION: Final rule.
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SUMMARY: Base (1% annual chance) Flood Elevations (BFEs) and modified
BFEs are made final for the communities listed below. The BFEs and
modified BFEs are the basis for the floodplain management measures that
each 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 date of issuance of the Flood Insurance Rate Map (FIRM)
showing BFEs and modified BFEs for each community. This date may be
obtained by contacting the office where the maps are available for
inspection as indicated on the table below.
ADDRESSES: The final 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 Branch, Mitigation Directorate, Federal Emergency Management
Agency, 500 C Street, SW., Washington, DC 20472 (202) 646-3151.
SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final determinations listed below for the modified
BFEs for each community listed. These modified elevations have been
published in newspapers of local circulation and ninety (90) days have
elapsed since that publication. The Assistant Administrator of the
Mitigation Directorate has resolved any appeals resulting from this
notification.
This final rule is issued in accordance with section 110 of the
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part
67. FEMA has developed criteria for floodplain management in floodprone
areas in accordance with 44 CFR part 60.
Interested lessees and owners of real property are encouraged to
review the proof Flood Insurance Study and FIRM available at the
address cited below for each community. The BFEs and modified BFEs are
made final in the communities listed below. Elevations at selected
locations in each community are shown.
National Environmental Policy Act. This final 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 final 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 final rule involves no
policies that have federalism implications under Executive Order 13132.
Executive Order 12988, Civil Justice Reform. This final 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.
0
Accordingly, 44 CFR part 67 is amended as follows:
PART 67--[AMENDED]
0
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. 67.11 [Amended]
0
2. The tables published under the authority of Sec. 67.11 are amended
as follows:
[[Page 33318]]
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* Elevation in
feet (NGVD) +
Elevation in feet
Flooding source(s) Location of referenced (NAVD) Communities affected
elevation Depth in feet
above ground
modified
----------------------------------------------------------------------------------------------------------------
Cherokee County, North Carolina and Incorporated Areas
Docket No.: FEMA-D-7824
----------------------------------------------------------------------------------------------------------------
Bates Creek............................ At the confluence with +1,529 Unincorporated Areas of
Hanging Dog Creek. Cherokee County, Eastern
Band of Cherokee
Indians.
Approximately 0.8 mile +1,633
upstream of the
confluence with Hanging
Dog Creek.
Bearpaw Creek.......................... At the confluence with +1,529 Unincorporated Areas of
Hiwassee River. Cherokee County.
Approximately 80 feet +1,534
downstream of Lower Bear
Paw Road (State Road
1312).
Beaverdam Creek........................ At the confluence with +1,529 Unincorporated Areas of
Hiwassee River. Cherokee County.
Approximately 70 feet +1,734
downstream of the
confluence of Cook Creek.
Beech Creek............................ At the confluence with +1,529 Unincorporated Areas of
Hiwassee River. Cherokee County.
Approximately 2.4 miles +1,548
upstream of the
confluence with Hiwassee
River.
Brasstown Creek........................ At the confluence with +1,587 Unincorporated Areas of
Hiwassee River. Cherokee County.
Approximately 0.4 mile +1,605
upstream of Brasstown
Road.
Brown Creek............................ At the confluence with +1,692 Unincorporated Areas of
Valley River. Cherokee County.
Approximately 0.6 mile +1,709
upstream of the
confluence with Valley
River.
Cane Creek............................. At the confluence with +1,529 Unincorporated Areas of
Nottely River. Cherokee County.
Approximately 0.9 mile +1,536
upstream of U.S. Highway
64.
Chambers Creek......................... At the confluence with +1,529 Unincorporated Areas of
Hiwassee River. Cherokee County.
Approximately 1.7 miles +1,534
upstream of the
confluence with Hiwassee
River.
Davis Creek............................ At the confluence with +1,767 Unincorporated Areas of
Hanging Dog Creek. Cherokee County.
Approximately 20 feet +2,054
downstream of the
confluence with Dockey
Creek and Bald Creek.
Grape Creek............................ At the confluence with +1,529 Unincorporated Areas of
Hiwassee River. Cherokee County.
Approximately 0.9 mile +1,530
upstream of Joe Brown
Highway (State Road
1326).
Hanging Dog Creek...................... At the confluence with +1,529 Unincorporated Areas of
Hiwassee River. Cherokee County, Eastern
Band of Cherokee
Indians.
Approximately 1,300 feet +1,914
upstream of Running Deer
Lane.
Hiwassee River......................... Approximately 1.5 miles +1,162 Unincorporated Areas of
downstream of Apalachia Cherokee County, Town of
Lake Dam. Murphy.
Approximately 875 feet +1,620
downstream of Mission
Dam.
Junaluska Creek........................ At the confluence with +1,783 Unincorporated Areas of
Valley River. Cherokee County, Town of
Andrews.
At the confluence of Bear +2,169
Branch.
Little Brasstown Creek................. At the confluence with +1,605 Unincorporated Areas of
Brasstown Creek. Cherokee County.
Approximately 1.8 miles +1,627
upstream of Folk School
Road (State Road 1565).
Martin Creek........................... At the confluence with +1,534 Unincorporated Areas of
Hiwassee River. Cherokee County.
Approximately 1,740 feet +1,655
upstream of Brasstown
Road (State Road 1564).
McClellan Creek........................ At the confluence with +1,852 Unincorporated Areas of
Tatham Creek. Cherokee County.
Approximately 1,200 feet +1,903
upstream of Pisgah Road
(State Road 1507).
Morgan Creek........................... At the confluence with +1,594 Unincorporated Areas of
Valley River. Cherokee County.
[[Page 33319]]
Approximately 0.5 mile +1,601
upstream of the
confluence with Valley
River.
Nottely River.......................... At the confluence with +1,529 Unincorporated Areas of
Hiwassee River. Cherokee County.
Approximately 2.2 miles +1,534
downstream of U.S.
Highway 64.
Owl Creek.............................. At the confluence with +1,677 Unincorporated Areas of
Hanging Dog Creek. Cherokee County.
Approximately 0.5 mile +1,904
upstream of Owl Creek
Road (State Road 1340).
Peachtree Creek........................ At the confluence with +1,564 Unincorporated Areas of
Hiwassee River. Cherokee County.
Approximately 0.5 mile +1,798
upstream of Upper
Peachtree Road (State
Road 1535).
Persimmon Creek........................ At the confluence with +1,529 Unincorporated Areas of
Hiwassee River. Cherokee County.
Approximately 440 feet +1,821
upstream of U.S. Highway
64.
Phillips Creek......................... At the confluence with +1,852 Unincorporated Areas of
Tatham Creek. Cherokee County.
Approximately 1,610 feet +2,360
upstream of Sunflower
Lane.
Rapier Mill Creek...................... Approximately 0.6 mile +1,571 Unincorporated Areas of
upstream of the Cherokee County.
confluence with Nottely
River.
At the confluence of +1,596
South Fork Rapier Mill
Creek.
Ricket Branch.......................... At the confluence with +1,679 Unincorporated Areas of
Valley River. Cherokee County.
Approximately 200 feet +1,706
downstream of Airport
Road (State Road 1428).
Rogers Creek........................... At the confluence with +1,572 Unincorporated Areas of
Valley River. Cherokee County.
Approximately 0.7 mile +1,594
upstream of the
confluence with Valley
River.
Slow Creek............................. Approximately 75 feet +1,678 Unincorporated Areas of
downstream of the Cherokee County.
downstream most crossing
of Canyon Road (State
Road 1527).
Approximately 660 feet +1,727
upstream of the upstream
most crossing of Canyon
Road (State Road 1527).
South Fork Rapier Mill Creek........... At the confluence with +1,596 Unincorporated Areas of
Rapier Mill Creek. Cherokee County.
Approximately 1.9 miles +1,674
upstream of State Route
60.
South Shoal Creek...................... At the confluence with +1,282 Unincorporated Areas of
Hiwassee River. Cherokee County.
Approximately 2.7 miles +1,972
upstream of Shoal Creek
Road (State Road 1145).
Tatham Creek........................... At the confluence with +1,772 Unincorporated Areas of
Valley River. Cherokee County, Town of
Andrews.
At the confluence of +1,852
McClellan Creek and
Phillips Creek.
Valley River........................... At the confluence with +1,530 Unincorporated Areas of
Hiwassee River. Cherokee County, Town of
Andrews, Town of Murphy.
Approximately 1.0 mile +3,678
upstream of Cherokee
Avenue.
Whitiaker Branch....................... At the confluence with +1,696 Unincorporated Areas of
Valley River. Cherokee County.
Approximately 0.8 mile +1,715
upstream of the
confluence with Valley
River.
Worm Creek............................. At the confluence with +1,825 Unincorporated Areas of
Valley River. Cherokee County.
Approximately 0.9 mile +2,240
upstream of Robinson
Road (State Road 1502).
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
ADDRESSES
Eastern Band of Cherokee Indians
Maps are available for inspection at Ginger Lynn Welch Complex, 810 Aquoni Road, Cherokee, North Carolina.
Town of Andrews
Maps are available for inspection at Andrews Town Hall, 1101 Main Street, Andrews, North Carolina.
Town of Murphy
Maps are available for inspection at Murphy Town Hall, 5 Wofford Street, Murphy, North Carolina.
[[Page 33320]]
Unincorporated Areas of Cherokee County
Maps are available for inspection at Cherokee County Mapping Department/GIS, County Courthouse, 39 Peachtree
Street, Suite 104, Murphy, North Carolina.
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Clay County, North Carolina and Incorporated Areas
Docket No.: FEMA-D-7822
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Blair Creek............................ At the confluence with +1,800 Clay County
Hiwassee River. (Unincorporated Areas).
Approximately 0.4 mile +1,840
upstream of NC-69.
Brasstown Creek........................ At the confluence with +1,587 Clay County
Hiwassee River. (Unincorporated Areas).
Approximately 400 feet +1,713
upstream of West Road
(State Road 1111).
Chatuga Lake........................... Entire shoreline within +1,929 Clay County
Clay County. (Unincorporated Areas).
Coleman Creek.......................... At the confluence with +1,934 Clay County
Hyatt Mill Creek. (Unincorporated Areas).
Approximately 800 feet +1,934
upstream of the
confluence with Hyatt
Mill Creek.
Crawford Creek......................... At the confluence with +1,698 Clay County
Brasstown Creek. (Unincorporated Areas).
Approximately 1,430 feet +1,837
upstream of Pine Ridge
Drive.
Downing Creek.......................... At the confluence with +1,796 Clay County
Hiwassee River. (Unincorporated Areas).
Approximately 0.4 mile +1,959
upstream of Lawrence
Smith Road (State Road
1324).
Eagle Fork Creek....................... At the confluence with +2,045 Clay County
Shooting Creek. (Unincorporated Areas).
Approximately 200 feet +2,211
upstream of Sally Gap
Road.
Fires Creek............................ At the confluence with +1,724 Clay County
Hiwassee River. (Unincorporated Areas).
Approximately 1.5 miles +1,834
upstream of Fires Creek
Road (State Road 1300).
Giesky Creek........................... At the confluence with +1,981 Clay County
Shooting Creek. (Unincorporated Areas).
Approximately 1,530 feet +2,172
upstream of Sally Gap
Road.
Gumlog Creek........................... At the confluence with +1,669 Clay County
Brasstown Creek. (Unincorporated Areas).
Approximately 300 feet +1,703
upstream of Pine Log
Road (State Road 1104).
Hiwassee River......................... Approximately 500 feet +1,590 Clay County
downstream of Old (Unincorporated Areas),
Highway 64W (State Road Town of Hayesville.
1100).
Approximately 1,380 feet +1,885
upstream of the
confluence of Hiwassee
River Tributary 1.
Hiwassee River Tributary 1............. At the confluence with +1,811 Clay County
Hiwassee River. (Unincorporated Areas).
Approximately 0.5 mile +1,811
upstream of Chatuge Dam
Road (State Road 1146).
Hothouse Branch........................ At the confluence with +1,943 Clay County
Shooting Creek. (Unincorporated Areas).
Approximately 0.7 mile +2,015
upstream of Fred and
Carl Lane.
Hyatt Mill Creek....................... At the confluence with +1,802 Clay County
Hiwassee River. (Unincorporated Areas).
At the confluence of +1,934
Coleman Creek.
Licklog Creek.......................... Approximately 200 feet +1,929 Clay County
downstream of U.S. (Unincorporated Areas).
Highway 64.
Approximately 450 feet +2,005
upstream of Peckerwood
Road (State Road 1328).
Muskrat Branch......................... At the confluence with +2,183 Clay County
Shooting Creek and (Unincorporated Areas).
Thompson Creek.
Approximately 1.5 miles +2,429
upstream of the
confluence with Shooting
Creek and Thompson Creek.
Nantahala River........................ At the Clay/Macon County +3,013 Clay County
boundary. (Unincorporated Areas).
Approximately 450 feet +3,089
downstream of
Thunderstruck Lane.
[[Page 33321]]
Pinelong Creek......................... At the confluence with +1,641 Clay County
Brasstown Creek. (Unincorporated Areas).
Approximately 1.0 mile +1,914
upstream of Royal Oaks
Trail.
Qually Creek........................... At the confluence with +1,788 Clay County
Hiwassee River. (Unincorporated Areas).
Approximately 0.5 mile +1,837
upstream of Ali Drive.
Shooting Creek......................... Approximately 800 feet +1,929 Clay County
upstream of Old Highway (Unincorporated Areas).
64E.
Approximately 90 feet +2,183
upstream of Old Highway
64E.
Sweetwater Creek....................... At the confluence with +1,686 Clay County
Hiwassee River. (Unincorporated Areas).
Approximately 1.2 miles +1,844
upstream of U.S. Highway
64.
Thompson Creek......................... At the confluence with +2,183 Clay County
Shooting Creek. (Unincorporated Areas).
Approximately 0.5 mile +2,283
upstream of Muskrat
Creek Road (State Road
1173).
Town Creek............................. At the confluence with +1,793 Clay County
Hiwassee River. (Unincorporated Areas),
Town of Hayesville.
Approximately 0.5 mile +1,831
upstream of Anderson
Street.
Tusquitee Creek........................ At the confluence with +1,783 Clay County
Hiwassee River. (Unincorporated Areas).
Approximately 2.0 miles +2,214
upstream of Chairmaker
Drive.
Winchester Creek....................... At the confluence with +1,671 Clay County
Brasstown Creek. (Unincorporated Areas).
Approximately 1,090 feet +1,716
upstream of West Gum Log
Road (State Road 1107).
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
ADDRESSES
Clay County
Maps are available for inspection at Clay County Building, 33 Main Street, Hayesville, North Carolina.
Town of Hayesville
Maps are available for inspection at Hayesville Town Hall, 235 Sanderson Street, Hayesville, North Carolina.
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(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')
Dated: June 2, 2008.
Michael K. Buckley,
Deputy Assistant Administrator for Mitigation, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. E8-13191 Filed 6-11-08; 8:45 am]
BILLING CODE 9110-12-P