Federal Register: RULES [44 CFR Part 67]

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

CFR Citation: 44 CFR Part 67

NOTICE: RULES

DOCUMENT ACTION: Final rule.

SUBJECT CATEGORY: Final Flood Elevation Determinations

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.

DOCUMENT 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).

SUMMARY: Final Flood Elevation Determinations,

SUPPLEMENTAL 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.
Accordingly, 44 CFR part 67 is 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 1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 2. The tables published under the authority of Sec. 67.11 are amended Flooding source(s) Location of referenced elevation Cherokee County, North Carolina Docket No.: Bates Creek............................ At the confluence with Hanging Dog Creek. Approximately 0.8 mile confluence with Hanging Bearpaw Creek.......................... At the confluence with Hiwassee River. Approximately 80 feet downstream of Paw Road (State Road Beaverdam Creek........................ At the confluence with Hiwassee River. Approximately 70 feet downstream of the confluence of Beech Creek............................ At the confluence with Hiwassee River. Approximately 2.4 miles confluence with Hiwassee Brasstown Creek........................ At the confluence with Hiwassee River. Approximately 0.4 mile upstream of Brasstown Brown Creek............................ At the confluence with Valley River. Approximately 0.6 mile confluence with Valley Cane Creek............................. At the confluence with Nottely River. Approximately 0.9 mile upstream of U.S. Highway Chambers Creek......................... At the confluence with Hiwassee River. Approximately 1.7 miles confluence with Hiwassee Davis Creek............................ At the confluence with Hanging Dog Creek. Approximately 20 feet downstream of the confluence with Creek and Bald Creek. Grape Creek............................ At the confluence with Hiwassee River. Approximately 0.9 mile upstream of Joe Brown Highway (State Road Hanging Dog Creek...................... At the confluence with Hiwassee River. Approximately 1,300 feet upstream of Running Deer Hiwassee River......................... Approximately 1.5 miles downstream of Apalachia Lake Dam. Approximately 875 feet downstream of Mission Junaluska Creek........................ At the confluence with Valley River. At the confluence of Bear Little Brasstown Creek................. At the confluence with Brasstown Creek. Approximately 1.8 miles upstream of Road (State Martin Creek........................... At the confluence with Hiwassee River. Approximately 1,740 feet upstream of Brasstown Road (State McClellan Creek........................ At the confluence with Tatham Creek. Approximately 1,200 feet upstream of (State Road 1507). Morgan Creek........................... At the confluence with Valley River. Approximately 0.5 mile confluence with Valley Nottely River.......................... At the confluence with Hiwassee River. Approximately 2.2 miles downstream of U.S. Owl Creek.............................. At the confluence with Hanging Dog Creek. Approximately 0.5 mile upstream of Owl Creek Road (State Peachtree Creek........................ At the confluence with Hiwassee River. Approximately 0.5 mile upstream of Upper Peachtree Road (State Persimmon Creek........................ At the confluence with Hiwassee River. Approximately 440 feet upstream of U.S. Highway Phillips Creek......................... At the confluence with Tatham Creek. Approximately 1,610 feet upstream of Sunflower Rapier Mill Creek...................... Approximately 0.6 mile upstream of the confluence with Nottely At the confluence of South Fork Rapier Mill Ricket Branch.......................... At the confluence with Valley River. Approximately 200 feet downstream of Airport Road (State Rogers Creek........................... At the confluence with Valley River. Approximately 0.7 mile confluence with Valley Slow Creek............................. Approximately 75 feet downstream of the downstream most of Canyon Road (State Approximately 660 feet upstream of most crossing Road (State South Fork Rapier Mill Creek........... At the confluence with Rapier Mill Creek. Approximately 1.9 miles upstream of State Route South Shoal Creek...................... At the confluence with Hiwassee River. Approximately 2.7 miles upstream of Road (State Tatham Creek........................... At the confluence with Valley River. At the confluence of McClellan Creek and Valley River........................... At the confluence with Hiwassee River. Approximately 1.0 mile upstream of Cherokee Whitiaker Branch....................... At the confluence with Valley River. Approximately 0.8 mile confluence with Valley Worm Creek............................. At the confluence with Valley River. Approximately 0.9 mile upstream of Robinson Road (State ADDRESSES Maps are available for inspection at Ginger Lynn Welch Maps are available for inspection at Andrews Town Hall, Maps are available for inspection at Murphy Town Hall, Unincorporated Areas Maps are available for inspection at Cherokee County Mapping Clay County, North Carolina Docket No.: Blair Creek............................ At the confluence with Hiwassee River. Approximately 0.4 mile upstream of NC69. Brasstown Creek........................ At the confluence with Hiwassee River. Approximately 400 feet upstream of West Road (State Road 1111). Chatuga Lake........................... Entire shoreline within Clay County. Coleman Creek.......................... At the confluence with Hyatt Mill Creek. Approximately 800 feet confluence with Hyatt Crawford Creek......................... At the confluence with Brasstown Creek. Approximately 1,430 feet upstream of Pine Ridge Downing Creek.......................... At the confluence with Hiwassee River. Approximately 0.4 mile upstream of Lawrence Smith Road (State Road Eagle Fork Creek....................... At the confluence with Shooting Creek. Approximately 200 feet upstream of Sally Gap Fires Creek............................ At the confluence with Hiwassee River. Approximately 1.5 miles upstream of Road (State Giesky Creek........................... At the confluence with Shooting Creek. Approximately 1,530 feet upstream of Sally Gap Gumlog Creek........................... At the confluence with Brasstown Creek. Approximately 300 feet upstream of Pine Log Road (State Hiwassee River......................... Approximately 500 feet downstream of Old Highway 64W (State Road Approximately 1,380 feet confluence of River Tributary 1. Hiwassee River Tributary 1............. At the confluence with Hiwassee River. Approximately 0.5 mile upstream of Road (State Hothouse Branch........................ At the confluence with Shooting Creek. Approximately 0.7 mile upstream of Fred and Hyatt Mill Creek....................... At the confluence with Hiwassee River. At the confluence of Licklog Creek.......................... Approximately 200 feet downstream of U.S. Approximately 450 feet upstream of Road (State Muskrat Branch......................... At the confluence with Shooting Creek and Approximately 1.5 miles confluence with Creek and Thompson Nantahala River........................ At the Clay/Macon County boundary. Approximately 450 feet Thunderstruck Pinelong Creek......................... At the confluence with Brasstown Creek. Approximately 1.0 mile upstream of Royal Oaks Qually Creek........................... At the confluence with Hiwassee River. Approximately 0.5 mile upstream of Shooting Creek......................... Approximately 800 feet upstream of Old Highway Approximately 90 feet upstream of Old Highway Sweetwater Creek....................... At the confluence with Hiwassee River. Approximately 1.2 miles upstream of U.S. Highway Thompson Creek......................... At the confluence with Shooting Creek. Approximately 0.5 mile upstream of Muskrat Creek Road (State Road Town Creek............................. At the confluence with Hiwassee River. Approximately 0.5 mile upstream of Anderson Tusquitee Creek........................ At the confluence with Hiwassee River. Approximately 2.0 miles upstream of Chairmaker Winchester Creek....................... At the confluence with Brasstown Creek. Approximately 1,090 feet upstream of Road (State ADDRESSES Maps are available for inspection at Clay County Building, Maps are available for inspection at Hayesville Town Hall, (Catalog of Federal Domestic Assistance No. 97.022, ``Flood Plan No. 3 of 1979 Comp., p. 376.
Sec. 67.11 [Amended]
as follows:
[[Page 33318]]
* Elevation in feet (NGVD) + Elevation in feet (NAVD) Communities affected Depth in feet above ground modified and Incorporated Areas FEMAD7824 +1,529 Unincorporated Areas of Cherokee County, Eastern Band of Cherokee Indians. +1,633 upstream of the
Dog Creek.
+1,529 Unincorporated Areas of Cherokee County. +1,534 Lower Bear 1312).
+1,529 Unincorporated Areas of Cherokee County. +1,734 Cook Creek. +1,529 Unincorporated Areas of Cherokee County. +1,548 upstream of the
River.
+1,587 Unincorporated Areas of Cherokee County. +1,605 Road.
+1,692 Unincorporated Areas of Cherokee County. +1,709 upstream of the
River.
+1,529 Unincorporated Areas of Cherokee County. +1,536 64.
+1,529 Unincorporated Areas of Cherokee County. +1,534 upstream of the
River.
+1,767 Unincorporated Areas of Cherokee County. +2,054 Dockey +1,529 Unincorporated Areas of Cherokee County. +1,530 1326).
+1,529 Unincorporated Areas of Cherokee County, Eastern Band of Cherokee Indians. +1,914 Lane.
+1,162 Unincorporated Areas of Cherokee County, Town of Murphy. +1,620 Dam.
+1,783 Unincorporated Areas of Cherokee County, Town of Andrews. +2,169 Branch.
+1,605 Unincorporated Areas of Cherokee County. +1,627 Folk School Road 1565). +1,534 Unincorporated Areas of Cherokee County. +1,655 Road 1564). +1,852 Unincorporated Areas of Cherokee County. +1,903 Pisgah Road +1,594 Unincorporated Areas of Cherokee County. [[Page 33319]]
+1,601 upstream of the
River.
+1,529 Unincorporated Areas of Cherokee County. +1,534 Highway 64.
+1,677 Unincorporated Areas of Cherokee County. +1,904 Road 1340). +1,564 Unincorporated Areas of Cherokee County. +1,798 Road 1535).
+1,529 Unincorporated Areas of Cherokee County. +1,821 64.
+1,852 Unincorporated Areas of Cherokee County. +2,360 Lane.
+1,571 Unincorporated Areas of Cherokee County. River.
+1,596 Creek.
+1,679 Unincorporated Areas of Cherokee County. +1,706 Road 1428). +1,572 Unincorporated Areas of Cherokee County. +1,594 upstream of the
River.
+1,678 Unincorporated Areas of Cherokee County. crossing Road 1527).
+1,727 the upstream of Canyon Road 1527). +1,596 Unincorporated Areas of Cherokee County. +1,674 60.
+1,282 Unincorporated Areas of Cherokee County. +1,972 Shoal Creek Road 1145). +1,772 Unincorporated Areas of Cherokee County, Town of Andrews. +1,852 Phillips Creek.
+1,530 Unincorporated Areas of Cherokee County, Town of Andrews, Town of Murphy. +3,678 Avenue.
+1,696 Unincorporated Areas of Cherokee County. +1,715 upstream of the
River.
+1,825 Unincorporated Areas of Cherokee County. +2,240 Road 1502). * National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
Eastern Band of Cherokee Indians
Complex, 810 Aquoni Road, Cherokee, North Carolina. Town of Andrews
1101 Main Street, Andrews, North Carolina. Town of Murphy
5 Wofford Street, Murphy, North Carolina. [[Page 33320]]
of Cherokee County Department/GIS, County Courthouse, 39 Peachtree Street, Suite 104, Murphy, North Carolina.
and Incorporated Areas FEMAD7822 +1,800 Clay County (Unincorporated Areas). +1,840 +1,587 Clay County (Unincorporated Areas). +1,713 +1,929 Clay County (Unincorporated Areas). +1,934 Clay County (Unincorporated Areas). +1,934 upstream of the
Mill Creek.
+1,698 Clay County (Unincorporated Areas). +1,837 Drive.
+1,796 Clay County (Unincorporated Areas). +1,959 1324).
+2,045 Clay County (Unincorporated Areas). +2,211 Road.
+1,724 Clay County (Unincorporated Areas). +1,834 Fires Creek Road 1300). +1,981 Clay County (Unincorporated Areas). +2,172 Road.
+1,669 Clay County (Unincorporated Areas). +1,703 Road 1104). +1,590 Clay County (Unincorporated Areas), Town of Hayesville. 1100).
+1,885 upstream of the
Hiwassee +1,811 Clay County (Unincorporated Areas). +1,811 Chatuge Dam Road 1146). +1,943 Clay County (Unincorporated Areas). +2,015 Carl Lane.
+1,802 Clay County (Unincorporated Areas). +1,934 Coleman Creek.
+1,929 Clay County (Unincorporated Areas). Highway 64.
+2,005 Peckerwood Road 1328). +2,183 Clay County (Unincorporated Areas). Thompson Creek.
+2,429 upstream of the
Shooting Creek. +3,013 Clay County (Unincorporated Areas). +3,089 downstream of
Lane. [[Page 33321]]
+1,641 Clay County (Unincorporated Areas). +1,914 Trail.
+1,788 Clay County (Unincorporated Areas). +1,837 Ali Drive. +1,929 Clay County (Unincorporated Areas). 64E.
+2,183 64E.
+1,686 Clay County (Unincorporated Areas). +1,844 64.
+2,183 Clay County (Unincorporated Areas). +2,283 1173).
+1,793 Clay County (Unincorporated Areas), Town of Hayesville. +1,831 Street.
+1,783 Clay County (Unincorporated Areas). +2,214 Drive.
+1,671 Clay County (Unincorporated Areas). +1,716 West Gum Log Road 1107). * National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
Clay County
33 Main Street, Hayesville, North Carolina. Town of Hayesville
235 Sanderson Street, Hayesville, North Carolina. Insurance.'')

Dated: June 2, 2008.
Michael K. Buckley,
Deputy Assistant Administrator for Mitigation, Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. E813191 Filed 61108; 8:45 am]
BILLING CODE 911012P

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) 6463151.