Proposed Flood Elevation Determinations, 51762-51766 [E7-17821]

Download as PDF 51762 Federal Register / Vol. 72, No. 175 / Tuesday, September 11, 2007 / Proposed Rules operations, environmental samples of soil and groundwater were collected. Of the fifty-seven different analytes for soil, three semi-volatile organic compounds and fourteen metals were present at concentrations that exceeded cleanup objectives. The highest concentrations were primarily limited to surface soil samples. The ground water sampling results suggested no impact to the ground water near the Abandoned Powder Burning Pit. A time-critical removal action was conducted between 2002 and 2006 to reduce metal and carcinogenic PAHs contamination in soils. Regulatory review of this action is in progress. yshivers on PROD1PC62 with PROPOSALS Parcel 2—Seneca County Jail [Comment 8] This 25.2 acre parcel is located in the southeast quadrant of SEDA, along its eastern perimeter. The parcel encompasses two SMWUs designated SEAD–50 and SEAD–54, of which 22 acres have been remediated under CERCLA. Investigations were completed to identify potential environmental impacts at each SWMU and were supplemented with risk evaluations that ultimately determined no further action was required for these SWMUs. Based on investigations and remedial activities performed with EPA and State approval and oversight, the SWMUs described below are proposed for deletion from the NPL. SEAD–50 and SEAD–54 Tank Farm Area Characterized as a former tank farm area, approximately 160 above-ground storage tanks were once located within the triangular shaped land tract known as SEAD–50/54. The preliminary investigation of the area, which was performed in 1993, was reported in the SWMU Classification Report, and as a result it was identified as a SWMU. The area which was subsequently identified as SEAD–50 was used for dry material storage that included stockpiles of strategic ores such as antimony, rutile, and silicon carbide. One storage tank (Tank #88) contained asbestos ore material and was assigned a separate SEAD designation (SEAD–54). All tanks were removed prior to implementing a phased program of investigation, evaluation, and remediation. In 1994, an RI and supplemental ESI were performed to characterize the full extent of environmental impacts specific to the SEAD–50/54 area and determine potential threats to human health and the environment. The investigations entailed the completion of a geophysical survey, a drilling VerDate Aug<31>2005 15:47 Sep 10, 2007 Jkt 211001 program, test pit excavations, and an environmental sampling program designed to collect surface soil, subsurface soil, surface water, sediment, and groundwater media. Analytical results identified elevated concentrations of selected metals (arsenic, lead, manganese, potassium, and zinc) in tank farm soil materials that were determined to represent a potential environmental threat. A time-critical removal action was performed from late 2002 to early 2003 to excavate, remove, and dispose of impacted soil material from SEAD–50/54. The ‘‘Final Completion Report’’ for SEAD–50/54, which documented findings of the removal action and confirmatory sampling results, presented data supporting a determination that SEAD– 50/54 no longer poses a threat to human health and the environment. EPA, with the concurrence of the State, approved a remedy in September 2005 which required ‘‘No Further Action’’ for SEADs–50/54. The remedy required that the PID and Warehouse Areas, including SEADs–50/54, be subject to controls restricting future residential development and groundwater use. Accordingly, the recorded deed for this Parcel contains the land use restrictions on land and groundwater use. [Comment 9] These land use controls are considered CERCLA actions and are included among the documents which are the basis for this action. Major Community Involvement Activities The Army published its Community Relations Plan in October 1992 and created a Restoration Advisory Board to facilitate participation of and input from the public throughout the CERCLA cleanup process. Each decision document at the Site has been made available for public comment, discussed at public meetings, and placed in the information repository before the decision document was finalized. List of Subjects in 40 CFR Part 300 Environmental protection, Chemicals, Hazardous substances, Intergovernmental relations, Reporting and recordkeeping requirements, Superfund. Dated: August 17, 2007. Alan J. Steinberg, Regional Administrator, Region 2. [FR Doc. E7–17750 Filed 9–10–07; 8:45 am] BILLING CODE 6560–50–P PO 00000 Frm 00044 Fmt 4702 Sfmt 4702 DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket No. FEMA–B–7734 & D–7818] Proposed Flood Elevation Determinations Federal Emergency Management Agency, DHS. ACTION: Proposed rule. AGENCY: 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 Directorate, 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 proposed elevations are used to meet E:\FR\FM\11SEP1.SGM 11SEP1 Federal Register / Vol. 72, No. 175 / Tuesday, September 11, 2007 / Proposed Rules 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. Flooding source(s) 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. § 67.4 [Amended] 2. The tables published under the authority of § 67.4 are proposed to be amended as follows: * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Location of referenced elevation 51763 Effective Communities affected Modified Larimer County, Colorado, and Incorporated Areas Dry Creek (North of Canal) ... (South of Canal) ............ East Vine Diversion .............. East Vine Diversion Overbank Flow. Left Larimer and Weld Canal ....... Old Dry Creek (Historic Channel). Just upstream of the confluence with Larimer and Weld Canal. Approximately 900 feet downstream of Shields Street Just upstream of the confluence with the Cache La Poudre River. +4994 +4993 +5017 +4919 +5016 +4916 Approximately 850 feet upstream of Redwood Street Just upstream of the confluence with Dry Creek (South of Canal). +4965 None +4964 +4944 Just downstream of Larimer and Weld Canal .............. Just upstream of Vine Drive ......................................... None None +4983 +4944 Approximately 1900 feet upstream of Vine Drive ........ At the confluence with East Vine Diversion ................. None None +4948 +4983 At the upstream diversion from Dry Creek (North of Canal). Just downstream of Mulberry Street ............................ None +4993 +4921 +4919 +4931 +4930 Approximately 800 feet downstream of Dry Creek (South of Canal). Unincorporated Areas of Larimer County. City of Fort Collins, Unincorporated Areas of Larimer County. City of Fort Collins, Unincorporated Areas of Larimer County. City of Fort Collins, Unincorporated Areas of Larimer County. City of Fort Collins, Unincorporated Areas of Larimer County. Unincorporated Areas of Larimer County. * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. yshivers on PROD1PC62 with PROPOSALS ADDRESSES City of Fort Collins Maps are available for inspection at Stormwater Utilities Department, 700 Wood Street, Fort Collins, CO 80521. Send comments to Doug Hutchinson, Mayor, City of Fort Collins, 300 LaPorte Avenue, Fort Collins, CO 80522–0580. Unincorporated Areas of Larimer County Maps are available for inspection at 200 West Oak Street, Fort Collins, CO 80521. Send comments to Karen Wagner, Chair, Larimer County Board of Commissioners, P.O. Box 1190, Fort Collins, CO 80522. Graham County, North Carolina, and Incorporated Areas Anderson Creek .................... Atoah Creek .......................... Bear Creek (near Dentons) .. VerDate Aug<31>2005 15:47 Sep 10, 2007 At the confluence with Tulula Creek ............................ Approximately 0.4 mile upstream of State Road 1103 At the confluence with Long Creek .............................. Approximately 230 feet upstream of Lewis Nelson Road. At the confluence with Little Snowbird Creek .............. Jkt 211001 PO 00000 Frm 00045 Fmt 4702 Sfmt 4702 None None None None +2,255 +2,643 +2,045 +2,329 Graham County. None +2,510 Graham County. E:\FR\FM\11SEP1.SGM 11SEP1 Graham County. 51764 Federal Register / Vol. 72, No. 175 / Tuesday, September 11, 2007 / Proposed Rules Flooding source(s) * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Location of referenced elevation Effective Communities affected Modified Approximately 1.5 miles upstream of the confluence with Little Snowbird Creek. At the confluence with Sweetwater Creek ................... Approximately 1,920 feet upstream of the confluence of South Fork Beech Creek. At the confluence with Tulula Creek ............................ Approximately 1,100 feet upstream of Berts Creek Road. At the confluence with Cheoah River ........................... At the confluence of West Buffalo Creek ..................... At the confluence with Little Tennessee River ............. None +3,093 None None +2,196 +2,363 Graham County. None None +2,185 +2,344 Graham County. None None None +1,942 +1,942 +1,088 Graham County. None +1,982 None +1,930 Cooloska Branch ................... At the confluence of Tulula Creek and Sweetwater Creek. Approximately 0.4 mile upstream of Cochrans Creek Road (State Road 1250). At the confluence with Cheoah River ........................... At the confluence with Snowbird Creek ....................... None None +1,963 +1,942 None +1,965 Tributary 1 ...................... Approximately 900 feet upstream of Massey Branch Road (State Road 1116). At the confluence with Cooloska Branch ..................... None +1,961 Approximately 30 feet downstream of Jackson Branch Road (State Road 1149). At the confluence with Stecoah Creek ......................... Approximately 1,630 feet upstream of Collins Cove .... At the confluence with Cheoah River ........................... None +2,008 None None None +2,050 +2,629 +1,942 Approximately 0.4 mile upstream of Buffalo Lane ....... At the confluence with Little Snowbird Creek .............. Approximately 0.5 mile upstream of the confluence with Little Snowbird Creek. Entire shoreline within Graham County ....................... At the confluence with Tulula Creek ............................ Approximately 1,000 feet upstream of Franks Creek Road (State Road 1207). At the confluence with Cheoah River ........................... Approximately 0.5 mile upstream of Gladdens Creek Road (State Road 1135). At the confluence with Tulula Creek ............................ Approximately 700 feet downstream of Carpenter Drive. At the confluence with West Buffalo Creek ................. Approximately 20 feet downstream of the confluence of Seven Springs Branch. At the confluence with Tulula Creek ............................ Approximately 1,870 feet upstream of Floyd Carpenter Road (State Road 1132). At the confluence with Little Snowbird Creek .............. Approximately 0.7 mile upstream of the confluence with Little Snowbird Creek. At the confluence with Tulula Creek ............................ Approximately 0.5 mile upstream of U.S. Highway 129. At the confluence with West Buffalo Creek and Squally Creek. Approximately 1.5 miles upstream of the confluence with West Buffalo Creek and Squally Creek. At the confluence with Snowbird Creek ....................... None None None +2,066 +2,317 +2,540 Graham County. None None None +1,710 +2,126 +2,315 Graham County. Graham County. None None +1,722 +1,917 Graham County. None None +2,278 +2,602 Graham County. None None +2,114 +2,672 Graham County. None None +2,084 +2,433 Graham County. None None +2,985 +3,255 Graham County. None None +2,425 +2,580 Graham County. None +2,361 Graham County. None +2,928 None +2,108 Approximately 800 feet upstream of the confluence of Hornet Nest Branch. Approximately 1.7 miles downstream of the confluence of Cheoah River. At the downstream side of the Fontana Dam .............. None +3,288 None +1,088 None +1,277 Beech Creek ......................... Bert Creek ............................. Buffalo Creek ........................ Cheoah River ........................ Cochran Creek ...................... Dry Creek .............................. East Buffalo Creek ................ Eller Mill Creek ...................... Fontana Lake ........................ Franks Creek ........................ Gladdens Creek .................... Hares Creek .......................... Hooper Mill Creek ................. Hyde Mill Creek .................... Juanita Branch ...................... Juts Creek ............................. yshivers on PROD1PC62 with PROPOSALS Little Buffalo Creek ............... Little Snowbird Creek ............ Little Tennessee River .......... VerDate Aug<31>2005 15:47 Sep 10, 2007 Jkt 211001 PO 00000 Frm 00046 Fmt 4702 Sfmt 4702 E:\FR\FM\11SEP1.SGM 11SEP1 Graham County, Town of Robbinsville. Graham County. Graham County, Eastern Band of Cherokee Indians. Eastern Band of Cherokee Indians. Graham County. Graham County, Town of Lake Santeetlah. Graham County, Eastern Band of Cherokee Indians. Graham County. Federal Register / Vol. 72, No. 175 / Tuesday, September 11, 2007 / Proposed Rules Flooding source(s) * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Location of referenced elevation Effective 51765 Communities affected Modified Long Creek ........................... At the confluence with Cheoah River ........................... None +1,968 None +2,393 Mountain Creek ..................... Approximately 1.4 miles upstream of Springwood Lake Road. At the confluence with Cheoah River ........................... None +1,945 Approximately 50 feet downstream of Mountain Creek Road (State Road 1214). At the confluence with Panther Creek ......................... Approximately 2.0 miles upstream of the confluence with Panther Creek. At the confluence with Tuskeegee Creek .................... Approximately 1,420 feet upstream of Upper Tuskeegee NP (State Road 1242). At the confluence with East Buffalo Creek .................. Approximately 180 feet upstream of Ollies Creek Road (State Road 1253). At the confluence with Little Tennessee River ............. Approximately 0.4 mile upstream of Shell Stand Road (State Road 1268). At the confluence with Cheoah River ........................... Approximately 1.8 miles upstream of the confluence with Cheoah River. At the confluence with Stecoah Creek ......................... Approximately 0.4 mile upstream of Upper Sawyers Creek NP (State Road 1240). At the confluence with Cheoah River ........................... None +2,397 None None +1,710 +1,713 Graham County. None None +1,953 +2,031 Graham County. None None +1,943 +2,246 Graham County. None None +1,710 +1,886 Graham County. None None +1,942 +1,942 Graham County. None None +1,710 +2,284 Graham County. None +1,942 Graham County, Eastern Band of Cherokee Indians. Approximately 0.6 mile downstream of the confluence of Chestnut Flat Branch. At the confluence with Beech Creek ............................ Approximately 1.6 miles upstream of Beech Creek Road (State Road 1223). At the confluence with West Buffalo Creek and Little Buffalo Creek. Approximately 0.9 mile upstream of the confluence of South Fork Squally Creek. At the confluence with Little Tennessee River ............. Approximately 0.7 mile upstream of Cody Branch (State Road 1226). At the confluence with Cheoah River and Tulula Creek. Approximately 80 feet downstream of NC Highway 143. At the confluence with Panther Creek ......................... Approximately 0.5 mile upstream of the confluence of Town Branch Tributary 1. At the confluence with Town Branch ........................... Approximately 0.5 mile upstream of the confluence with Town Branch. At the confluence with Cheoah River and Sweetwater Creek. Approximately 0.8 mile upstream of the confluence of Juts Creek. At the confluence with Little Tennessee River ............. At the confluence of North Fork Tuskeegee Creek ..... At the confluence with Buffalo Creek ........................... At the confluence of Squally Creek and Little Buffalo Creek. At the confluence with Panther Creek ......................... Approximately 0.5 mile upstream of Little Bear Lane .. At the confluence with Cheoah River ........................... Approximately 0.9 mile upstream of Yellow Creek Road (State Road 1242). None +2,207 None None +2,283 +2,845 Graham County. None +2,361 Graham County. None +3,922 None None +1,710 +2,328 Graham County. None +1,982 Graham County, Town of Robbinsville. None +2,356 None None +1,710 +1,729 Graham County. None None +1,710 +1,712 Graham County. None +1,982 Graham County, Town of Robbinsville. None +2,506 None None None None +1,710 +1,953 +1,942 +2,361 None None None None +1,710 +1,855 +1,447 +2,338 Mouse Branch ....................... North Fork Tuskeegee Creek Ollie Branch .......................... Panther Creek ....................... Santeetlah Creek .................. Sawyer Creek ....................... Snowbird Creek .................... South Fork Beech Creek ...... Squally Creek ........................ Stecoah Creek ...................... Sweetwater Creek ................. Town Branch ......................... Tributary 1 ...................... Tulula Creek .......................... Tuskeegee Creek .................. West Buffalo Creek ............... yshivers on PROD1PC62 with PROPOSALS Wolf Creek ............................ Yellow Creek ......................... * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. VerDate Aug<31>2005 15:47 Sep 10, 2007 Jkt 211001 PO 00000 Frm 00047 Fmt 4702 Sfmt 4702 E:\FR\FM\11SEP1.SGM 11SEP1 Graham County, Town of Robbinsville. Graham County, Eastern Band of Cherokee Indians. Graham County. Graham County. Graham County. Graham County. 51766 Federal Register / Vol. 72, No. 175 / Tuesday, September 11, 2007 / Proposed Rules Flooding source(s) * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Location of referenced elevation Effective Communities affected Modified ADDRESSES Eastern Band of Cherokee Indians Maps are available for inspection at Ginger Lynn Welch Complex, 810 Aquona Road, Cherokee, North Carolina. Send comments to Mr. Michell Hicks, Principal Chief for the Eastern Band of Cherokee Indians, P.O. Box 455, Cherokee, North Carolina 28719. Graham County Maps are available for inspection at Graham County Mapping Department, 12 North Main Street, Robbinsville, North Carolina. Send comments to Mrs. Sandra Smith, Graham County Manager, 12 North Main Street, Robbinsville, North Carolina 28771. Town of Lake Santeetlah Maps are available for inspection at Lake Santeetlah Town Hall, 4 Marina Drive, Lake Santeetlah, North Carolina. Send comments to The Honorable Harding Hohenschutz, Mayor of the Town of Lake Santeetlah, 4 Marina Drive, Lake Santeetlah, North Carolina 28771. Town of Robbinsville Maps are available for inspection at Robbinsville Town Hall, 4 Court Street, Robbinsville, North Carolina. Send comments to The Honorable Bobby Cagle, Jr., Mayor of the Town of Robbinsville, P.O. Box 129, Robbinsville, North Carolina 28771. Moody County, South Dakota, and Incorporated Areas Big Sioux River ..................... Just upstream of County Highway 32 2500 feet upstream of First Avenue. None None +1532 +1543 Unincorporated Areas of Moody County, City of Flandreau. * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES City of Flandreau Maps are available for inspection at 1005 W. Elm Avenue, Planning and Zoning Department, Flandreau, SD 57028. Send comments to The Honorable Warren Ludeman, Mayor, City of Flandreau, 1005 W. Elm Avenue, PO Box 343, Flandreau, SD 57028. Unincorporated Areas of Moody County Maps are available for inspection at 101 E. Pipestone Avenue, Suite E, Flandreau, SD 57028. Send comments to Ms. Brenda Duncan, Planning and Zoning Secretary, 101 E. Pipestone Avenue, Suite E, Flandreau, SD 57028. (Catalog of Federal Domestic Assistance No. 97.022, ‘‘Flood Insurance.’’) Dated: August 31, 2007. David I. Maurstad, Federal Insurance Administrator of the National Flood Insurance Program, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E7–17821 Filed 9–10–07; 8:45 am] BILLING CODE 9110–12–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service yshivers on PROD1PC62 with PROPOSALS 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To List Kenk’s Amphipod, Virginia Well Amphipod, and the Copepod Acanthocyclops columbiensis as Endangered Fish and Wildlife Service, Interior. ACTION: Notice of 90-day petition finding. AGENCY: VerDate Aug<31>2005 17:19 Sep 10, 2007 Jkt 211001 SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the Kenk’s amphipod (Stygobromus kenki), the Virginia well amphipod (Stygobromus phreaticus), and the copepod Acanthocyclops columbiensis as endangered under the Endangered Species Act of 1973, as amended. We find the petition does not provide substantial scientific or commercial information indicating that listing of these three crustaceans may be warranted. Therefore, we will not initiate a further status review in response to this petition. We ask the public to submit to us any new information that becomes available concerning the status of these species, or threats to them or their habitat, at any time. This information will help us monitor and encourage the conservation of these species. The finding announced in this document was made on September 11, 2007. DATES: The supporting file for this finding is available for public inspection, by appointment, during ADDRESSES: PO 00000 Frm 00048 Fmt 4702 Sfmt 4702 normal business hours at the Chesapeake Bay Field Office, U.S. Fish and Wildlife Service, 177 Admiral Cochrane Drive, Annapolis, MD 21401. New information, materials, comments, or questions concerning this species may be submitted to us at any time at the above address. John Wolflin, Field Supervisor, Chesapeake Bay Field Office (see ADDRESSES) (telephone 410–573–4574; facsimile 410–269–0832). People who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 800–877–8339. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Background Section 4(b)(3)(A) of the Endangered Species Act, as amended (Act) (16 U.S.C. 1531 et seq.), requires that the Service make a finding on whether a petition to list, delist, or reclassify a species presents substantial scientific or commercial information indicating that the petitioned action may be warranted. We base this finding on information provided in the petition, supporting E:\FR\FM\11SEP1.SGM 11SEP1

Agencies

[Federal Register Volume 72, Number 175 (Tuesday, September 11, 2007)]
[Proposed Rules]
[Pages 51762-51766]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-17821]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-B-7734 & D-7818]

Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Proposed rule.

-----------------------------------------------------------------------

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 Directorate, 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 proposed elevations
are used to meet

[[Page 51763]]

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
----------------------------------------------------------------------------------------------------------------
Larimer County, Colorado, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Dry Creek (North of Canal).......... Just upstream of the +4994 +4993 Unincorporated Areas of
confluence with Larimer County.
Larimer and Weld Canal.
Approximately 900 feet +5017 +5016
downstream of Shields
Street.
(South of Canal)................ Just upstream of the +4919 +4916 City of Fort Collins,
confluence with the Unincorporated Areas
Cache La Poudre River. of Larimer County.
Approximately 850 feet +4965 +4964
upstream of Redwood
Street.
East Vine Diversion................. Just upstream of the None +4944 City of Fort Collins,
confluence with Dry Unincorporated Areas
Creek (South of Canal). of Larimer County.
Just downstream of None +4983
Larimer and Weld Canal.
East Vine Diversion Left Overbank Just upstream of Vine None +4944 City of Fort Collins,
Flow. Drive. Unincorporated Areas
of Larimer County.
Approximately 1900 feet None +4948
upstream of Vine Drive.
Larimer and Weld Canal.............. At the confluence with None +4983 City of Fort Collins,
East Vine Diversion. Unincorporated Areas
of Larimer County.
At the upstream None +4993
diversion from Dry
Creek (North of Canal).
Old Dry Creek (Historic Channel).... Just downstream of +4921 +4919 Unincorporated Areas of
Mulberry Street. Larimer County.
Approximately 800 feet +4931 +4930
downstream of Dry
Creek (South of Canal).
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
Depth in feet above ground.
+ North American Vertical Datum.
ADDRESSES

City of Fort Collins

Maps are available for inspection at Stormwater Utilities Department, 700 Wood Street, Fort Collins, CO 80521.
Send comments to Doug Hutchinson, Mayor, City of Fort Collins, 300 LaPorte Avenue, Fort Collins, CO 80522-0580.

Unincorporated Areas of Larimer County

Maps are available for inspection at 200 West Oak Street, Fort Collins, CO 80521.
Send comments to Karen Wagner, Chair, Larimer County Board of Commissioners, P.O. Box 1190, Fort Collins, CO
80522.
----------------------------------------------------------------------------------------------------------------
Graham County, North Carolina, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Anderson Creek...................... At the confluence with None +2,255 Graham County.
Tulula Creek.
Approximately 0.4 mile None +2,643
upstream of State Road
1103.
Atoah Creek......................... At the confluence with None +2,045 Graham County.
Long Creek.
Approximately 230 feet None +2,329
upstream of Lewis
Nelson Road.
Bear Creek (near Dentons)........... At the confluence with None +2,510 Graham County.
Little Snowbird Creek.

[[Page 51764]]

Approximately 1.5 miles None +3,093
upstream of the
confluence with Little
Snowbird Creek.
Beech Creek......................... At the confluence with None +2,196 Graham County.
Sweetwater Creek.
Approximately 1,920 None +2,363
feet upstream of the
confluence of South
Fork Beech Creek.
Bert Creek.......................... At the confluence with None +2,185 Graham County.
Tulula Creek.
Approximately 1,100 None +2,344
feet upstream of Berts
Creek Road.
Buffalo Creek....................... At the confluence with None +1,942 Graham County.
Cheoah River.
At the confluence of None +1,942
West Buffalo Creek.
Cheoah River........................ At the confluence with None +1,088 Graham County, Town of
Little Tennessee River. Robbinsville.
At the confluence of None +1,982
Tulula Creek and
Sweetwater Creek.
Cochran Creek....................... Approximately 0.4 mile None +1,930 Graham County.
upstream of Cochrans
Creek Road (State Road
1250).
At the confluence with None +1,963
Cheoah River.
Cooloska Branch..................... At the confluence with None +1,942 Graham County, Eastern
Snowbird Creek. Band of Cherokee
Indians.
Approximately 900 feet None +1,965
upstream of Massey
Branch Road (State
Road 1116).
Tributary 1..................... At the confluence with None +1,961 Eastern Band of
Cooloska Branch. Cherokee Indians.
Approximately 30 feet None +2,008
downstream of Jackson
Branch Road (State
Road 1149).
Dry Creek........................... At the confluence with None +2,050 Graham County.
Stecoah Creek.
Approximately 1,630 None +2,629
feet upstream of
Collins Cove.
East Buffalo Creek.................. At the confluence with None +1,942 Graham County, Town of
Cheoah River. Lake Santeetlah.
Approximately 0.4 mile None +2,066
upstream of Buffalo
Lane.
Eller Mill Creek.................... At the confluence with None +2,317 Graham County.
Little Snowbird Creek.
Approximately 0.5 mile None +2,540
upstream of the
confluence with Little
Snowbird Creek.
Fontana Lake........................ Entire shoreline within None +1,710 Graham County.
Graham County.
Franks Creek........................ At the confluence with None +2,126 Graham County.
Tulula Creek.
Approximately 1,000 None +2,315
feet upstream of
Franks Creek Road
(State Road 1207).
Gladdens Creek...................... At the confluence with None +1,722 Graham County.
Cheoah River.
Approximately 0.5 mile None +1,917
upstream of Gladdens
Creek Road (State Road
1135).
Hares Creek......................... At the confluence with None +2,278 Graham County.
Tulula Creek.
Approximately 700 feet None +2,602
downstream of
Carpenter Drive.
Hooper Mill Creek................... At the confluence with None +2,114 Graham County.
West Buffalo Creek.
Approximately 20 feet None +2,672
downstream of the
confluence of Seven
Springs Branch.
Hyde Mill Creek..................... At the confluence with None +2,084 Graham County.
Tulula Creek.
Approximately 1,870 None +2,433
feet upstream of Floyd
Carpenter Road (State
Road 1132).
Juanita Branch...................... At the confluence with None +2,985 Graham County.
Little Snowbird Creek.
Approximately 0.7 mile None +3,255
upstream of the
confluence with Little
Snowbird Creek.
Juts Creek.......................... At the confluence with None +2,425 Graham County.
Tulula Creek.
Approximately 0.5 mile None +2,580
upstream of U.S.
Highway 129.
Little Buffalo Creek................ At the confluence with None +2,361 Graham County.
West Buffalo Creek and
Squally Creek.
Approximately 1.5 miles None +2,928
upstream of the
confluence with West
Buffalo Creek and
Squally Creek.
Little Snowbird Creek............... At the confluence with None +2,108 Graham County, Eastern
Snowbird Creek. Band of Cherokee
Indians.
Approximately 800 feet None +3,288
upstream of the
confluence of Hornet
Nest Branch.
Little Tennessee River.............. Approximately 1.7 miles None +1,088 Graham County.
downstream of the
confluence of Cheoah
River.
At the downstream side None +1,277
of the Fontana Dam.

[[Page 51765]]

Long Creek.......................... At the confluence with None +1,968 Graham County, Town of
Cheoah River. Robbinsville.
Approximately 1.4 miles None +2,393
upstream of Springwood
Lake Road.
Mountain Creek...................... At the confluence with None +1,945 Graham County, Eastern
Cheoah River. Band of Cherokee
Indians.
Approximately 50 feet None +2,397
downstream of Mountain
Creek Road (State Road
1214).
Mouse Branch........................ At the confluence with None +1,710 Graham County.
Panther Creek.
Approximately 2.0 miles None +1,713
upstream of the
confluence with
Panther Creek.
North Fork Tuskeegee Creek.......... At the confluence with None +1,953 Graham County.
Tuskeegee Creek.
Approximately 1,420 None +2,031
feet upstream of Upper
Tuskeegee NP (State
Road 1242).
Ollie Branch........................ At the confluence with None +1,943 Graham County.
East Buffalo Creek.
Approximately 180 feet None +2,246
upstream of Ollies
Creek Road (State Road
1253).
Panther Creek....................... At the confluence with None +1,710 Graham County.
Little Tennessee River.
Approximately 0.4 mile None +1,886
upstream of Shell
Stand Road (State Road
1268).
Santeetlah Creek.................... At the confluence with None +1,942 Graham County.
Cheoah River.
Approximately 1.8 miles None +1,942
upstream of the
confluence with Cheoah
River.
Sawyer Creek........................ At the confluence with None +1,710 Graham County.
Stecoah Creek.
Approximately 0.4 mile None +2,284
upstream of Upper
Sawyers Creek NP
(State Road 1240).
Snowbird Creek...................... At the confluence with None +1,942 Graham County, Eastern
Cheoah River. Band of Cherokee
Indians.
Approximately 0.6 mile None +2,207
downstream of the
confluence of Chestnut
Flat Branch.
South Fork Beech Creek.............. At the confluence with None +2,283 Graham County.
Beech Creek.
Approximately 1.6 miles None +2,845
upstream of Beech
Creek Road (State Road
1223).
Squally Creek....................... At the confluence with None +2,361 Graham County.
West Buffalo Creek and
Little Buffalo Creek.
Approximately 0.9 mile None +3,922
upstream of the
confluence of South
Fork Squally Creek.
Stecoah Creek....................... At the confluence with None +1,710 Graham County.
Little Tennessee River.
Approximately 0.7 mile None +2,328
upstream of Cody
Branch (State Road
1226).
Sweetwater Creek.................... At the confluence with None +1,982 Graham County, Town of
Cheoah River and Robbinsville.
Tulula Creek.
Approximately 80 feet None +2,356
downstream of NC
Highway 143.
Town Branch......................... At the confluence with None +1,710 Graham County.
Panther Creek.
Approximately 0.5 mile None +1,729
upstream of the
confluence of Town
Branch Tributary 1.
Tributary 1..................... At the confluence with None +1,710 Graham County.
Town Branch.
Approximately 0.5 mile None +1,712
upstream of the
confluence with Town
Branch.
Tulula Creek........................ At the confluence with None +1,982 Graham County, Town of
Cheoah River and Robbinsville.
Sweetwater Creek.
Approximately 0.8 mile None +2,506
upstream of the
confluence of Juts
Creek.
Tuskeegee Creek..................... At the confluence with None +1,710 Graham County.
Little Tennessee River.
At the confluence of None +1,953
North Fork Tuskeegee
Creek.
West Buffalo Creek.................. At the confluence with None +1,942 Graham County.
Buffalo Creek.
At the confluence of None +2,361
Squally Creek and
Little Buffalo Creek.
Wolf Creek.......................... At the confluence with None +1,710 Graham County.
Panther Creek.
Approximately 0.5 mile None +1,855
upstream of Little
Bear Lane.
Yellow Creek........................ At the confluence with None +1,447 Graham County.
Cheoah River.
Approximately 0.9 mile None +2,338
upstream of Yellow
Creek Road (State Road
1242).
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
Depth in feet above ground.
+ North American Vertical Datum.

[[Page 51766]]

ADDRESSES

Eastern Band of Cherokee Indians

Maps are available for inspection at Ginger Lynn Welch Complex, 810 Aquona Road, Cherokee, North Carolina.
Send comments to Mr. Michell Hicks, Principal Chief for the Eastern Band of Cherokee Indians, P.O. Box 455,
Cherokee, North Carolina 28719.

Graham County

Maps are available for inspection at Graham County Mapping Department, 12 North Main Street, Robbinsville, North
Carolina.
Send comments to Mrs. Sandra Smith, Graham County Manager, 12 North Main Street, Robbinsville, North Carolina
28771.

Town of Lake Santeetlah

Maps are available for inspection at Lake Santeetlah Town Hall, 4 Marina Drive, Lake Santeetlah, North Carolina.
Send comments to The Honorable Harding Hohenschutz, Mayor of the Town of Lake Santeetlah, 4 Marina Drive, Lake
Santeetlah, North Carolina 28771.

Town of Robbinsville

Maps are available for inspection at Robbinsville Town Hall, 4 Court Street, Robbinsville, North Carolina.
Send comments to The Honorable Bobby Cagle, Jr., Mayor of the Town of Robbinsville, P.O. Box 129, Robbinsville,
North Carolina 28771.
----------------------------------------------------------------------------------------------------------------
Moody County, South Dakota, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Big Sioux River..................... Just upstream of County None +1532 Unincorporated Areas of
Highway 32 2500 feet None +1543 Moody County, City of
upstream of First Flandreau.
Avenue.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
Depth in feet above ground.
+ North American Vertical Datum.
ADDRESSES

City of Flandreau

Maps are available for inspection at 1005 W. Elm Avenue, Planning and Zoning Department, Flandreau, SD 57028.
Send comments to The Honorable Warren Ludeman, Mayor, City of Flandreau, 1005 W. Elm Avenue, PO Box 343,
Flandreau, SD 57028.

Unincorporated Areas of Moody County

Maps are available for inspection at 101 E. Pipestone Avenue, Suite E, Flandreau, SD 57028.
Send comments to Ms. Brenda Duncan, Planning and Zoning Secretary, 101 E. Pipestone Avenue, Suite E, Flandreau,
SD 57028.
----------------------------------------------------------------------------------------------------------------

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

Dated: August 31, 2007.
David I. Maurstad,
Federal Insurance Administrator of the National Flood Insurance
Program, Department of Homeland Security, Federal Emergency Management
Agency.
[FR Doc. E7-17821 Filed 9-10-07; 8:45 am]
BILLING CODE 9110-12-P

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