[Federal Register: June 12, 2008 (Volume 73, Number 114)]
[Rules and Regulations]
[Page 33317-33321]
[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<PHONE_NUMBER>.

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:

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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.

                                         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.

                                     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
----------------------------------------------------------------------------------------------------------------
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.

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