Final Flood Elevation Determinations, 57944-57949 [E9-27112]

Download as PDF 57944 Federal Register / Vol. 74, No. 216 / Tuesday, November 10, 2009 / Rules and Regulations * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Modified Flooding source(s) Location of referenced elevation Emory River .............................. 1,463 feet upstream of confluence with Clinch River ......... +747 Smith Creek .............................. 600 feet upstream of confluence with Swan Pond Creek .. 3,150 feet upstream of confluence with Tennessee River +748 +747 Tennessee River ....................... 411 feet downstream of Paint Rock Ferry Road ................ 5,880 feet downstream of confluence with Caney Creek ... +747 +746 Whites Creek ............................ 1,140 Feet upstream of confluence with Hines Creek ....... 2.6 miles downstream of confluence with Black Creek ...... +750 +746 1,900 feet upstream of confluence with Black Creek ......... Communities affected +791 City of Kingston, Unincorporated Areas of Roane County. Unincorporated Areas of Roane County, City of Kingston. Unincorporated Areas of Roane County, City of Kingston. Unincorporated Areas of Roane County. * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES City of Harriman Maps are available for inspection at 300 North Roane Street, Harriman, TN 37748. City of Kingston Maps are available for inspection at 125 West Cumberland Street, Kingston, TN 37763. City of Oak Ridge Maps are available for inspection at 200 South Tulane Avenue, Oak Ridge, TN 37830. Unincorporated Areas of Roane County Maps are available for inspection at 200 East Race Street, Kingston, TN 37763. (Catalog of Federal Domestic Assistance No. 97.022, ‘‘Flood Insurance.’’) [FR Doc. E9–27113 Filed 11–9–09; 8:45 am] BILLING CODE 9110–12–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket ID FEMA–2008–0020] Final Flood Elevation Determinations srobinson on DSKHWCL6B1PROD with RULES AGENCY: Federal Emergency Management Agency, DHS. ACTION: Final rule. 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). VerDate Nov<24>2008 16:35 Nov 09, 2009 Jkt 220001 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: Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646–2820. 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 for Mitigation has resolved any appeals resulting from this notification. PO 00000 Frm 00062 Fmt 4700 Sfmt 4700 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. E:\FR\FM\10NOR1.SGM 10NOR1 Federal Register / Vol. 74, No. 216 / Tuesday, November 10, 2009 / Rules and Regulations 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. 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. 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: § 67.11 [Amended] 2. The tables published under the authority of § 67.11 are amended as follows: ■ PART 67—[AMENDED] 1. The authority citation for part 67 continues to read as follows: ■ Flooding source(s) * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Modified Location of referenced elevation 57945 Communities affected Orange County, California, and Incorporated Areas Docket No.: FEMA–B–1004 Aliso Creek ............................... Bluebird Canyon ....................... Canyon Acres Wash ................. Laguna Canyon ........................ At confluence with Pacific Ocean ....................................... +14 Approximately 1.09 mile upstream of confluence with Pacific Ocean. At confluence with Pacific Ocean ....................................... Approximately 0.55 mile upstream of confluence with Pacific Ocean. Approximately 70 feet upstream of confluence with Laguna Canyon. Approximately 1,460 feet upstream of Lewellyn Drive ....... At confluence with Pacific Ocean ....................................... +41 Approximately 0.72 mile upstream of upstream-most State Highway 73 crossing. City of Laguna Beach, Unincorporated Areas of Orange County. +17 +124 City of Laguna Beach. +81 City of Laguna Beach. +185 +15 City of Laguna Beach, Unincorporated Areas of Orange County. +344 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES City of Laguna Beach Maps are available for inspection at City Hall, 505 Forest Avenue, Laguna Beach, CA 92651. Unincorporated Areas of Orange County Maps are available for inspection at the Orange County Public Works Department, 300 North Flower Street, Santa Ana, CA 92703. Anderson County, Kentucky, and Incorporated Areas Docket No.: FEMA–B–1007 Kentucky River .......................... Anderson County and Franklin County corporate limits ..... +509 Anderson County and Mercer County corporate limits ....... Unincorporated Areas of Anderson County. +527 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES Unincorporated Areas of Anderson County Maps are available for inspection at 139 Main Street, Lawrenceburg, KY 40342. srobinson on DSKHWCL6B1PROD with RULES Graves County, Kentucky, and Incorporated Areas Docket No.: FEMA–1013 Camp Creek .............................. Approximately 2,000 feet upstream KY–348 ...................... +352 Kess Creek ............................... Approximately 800 feet upstream of railroad ...................... At Paris Road ...................................................................... +370 +456 Obion Creek .............................. Approximately 750 downstream of South 10th Street ........ Approximately 2,100 feet downstream of railroad (West County Boundary). +470 +378 VerDate Nov<24>2008 16:35 Nov 09, 2009 Jkt 220001 PO 00000 Frm 00063 Fmt 4700 Sfmt 4700 E:\FR\FM\10NOR1.SGM 10NOR1 Unincorporated Areas of Graves County. Unincorporated Areas of Graves County, City of Mayfield. Unincorporated Areas of Graves County. 57946 Federal Register / Vol. 74, No. 216 / Tuesday, November 10, 2009 / Rules and Regulations Flooding source(s) * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Modified Location of referenced elevation At US–45 ............................................................................. Communities affected +410 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES City of Mayfield Maps are available for inspection at 211 East Broadway, Mayfield, KY 42066. Unincorporated Areas of Graves County Maps are available for inspection at 101 East South Street, Mayfield, KY 42066. Van Buren County, Michigan, and Incorporated Areas Docket No.: FEMA–1002 Maple Creek ............................. South Branch Black River ........ Approximately 0.4 mile upstream of Ollie Hosier Drive ...... Approximately 800 feet downstream of 34th Avenue ......... Approximately 900 feet upstream of Kal-Haven Trail ......... Downstream side of 711⁄2 Street ......................................... +645 +648 +585 +585 Township of Bangor. City of South Haven. * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES City of South Haven Maps are available for inspection at 539 Phoenix Street, South Haven, MI 49090. Township of Bangor Maps are available for inspection at 32550 CR 687, Bangor, MI 49013. Watauga County, North Carolina, and Incorporated Areas Docket Nos.: FEMA–B–1004 and FEMA–D–7808 Beech Creek ............................. At the confluence with Watauga River ................................ +2,446 +2,776 Buckeye Creek ......................... Approximately 1,080 feet upstream of the confluence of Buckeye Creek. At the confluence with Winkler Creek ................................. Approximately 350 feet upstream of West King Street ...... Approximately 100 feet downstream of US 421 Highway N. Approximately 700 feet upstream of Adams Cemetery Road (State Road 1375). At the confluence with Beech Creek ................................... Cobb Creek ............................... Approximately 0.7 mile upstream of Blevins Road ............. At the confluence with Meat Camp Creek .......................... +2,940 +3,169 +3,307 Cove Creek ............................... Approximately 1,540 feet upstream of Cobbs Creek Road (State Road 1325). At the confluence with Watauga River ................................ +3,083 +1,349 Flannery Fork ............................ Approximately 620 feet upstream of Hill Road ................... Approximately 100 feet downstream of the Watauga/ Wilkes County boundary. Approximately 1.1 miles upstream of Jakes Mountain Road. Approximately 50 feet upstream of Big Hill Road (State Road 1350). Approximately 250 feet upstream of State Road 194 ........ At the confluence with Winkler Creek ................................. Gap Creek ................................ Approximately 430 feet upstream of Sky Ranch Road ...... At the Watauga/Ashe County boundary ............................. +3,469 +2,952 Hodges Creek ........................... Approximately 160 feet upstream of James Parsons Road Approximately 430 feet upstream of the confluence with Boone Creek. Approximately 140 feet upstream of NC 105 Highway ...... +3,076 +3,127 Boone Creek ............................. Brushy Fork .............................. Elk Creek .................................. srobinson on DSKHWCL6B1PROD with RULES Elk Creek (into South Fork River). VerDate Nov<24>2008 16:35 Nov 09, 2009 Jkt 220001 PO 00000 Frm 00064 Fmt 4700 Sfmt 4700 E:\FR\FM\10NOR1.SGM +3,122 +3,311 +2,724 Unincorporated Areas of Watauga County. Town of Boone. Unincorporated Areas of Watauga County. +2,893 +2,731 +2,637 Unincorporated Areas of Watauga County. Unincorporated Areas of Watauga County. Unincorporated Areas of Watauga County. Unincorporated Areas of Watauga County. +2,135 +2,955 +2,982 +3,253 +3,286 10NOR1 Unincorporated Areas of Watauga County. Unincorporated Areas of Watauga County, Town of Boone. Unincorporated Areas of Watauga County. Town of Boone. Federal Register / Vol. 74, No. 216 / Tuesday, November 10, 2009 / Rules and Regulations * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Modified Flooding source(s) Location of referenced elevation Howard Creek ........................... Approximately 1,440 feet upstream of Moss Hill Road ...... +3,212 Laurel Fork ................................ Approximately 0.6 mile upstream of Millers Pond Lane ..... At the confluence with Watauga River ................................ +3,418 +2,739 +3,357 Left Prong Stony Fork .............. Approximately 1,400 feet upstream of George Wilson Road. At the Watauga/Wilkes County boundary ........................... +1,947 Meat Camp Creek .................... Approximately 220 feet upstream of the confluence of Wildcat Creek. At the confluence with South Fork New River .................... +3,495 Meat Camp Creek Tributary ..... Approximately 1.1 miles upstream of Bryan Hollow Road (State Road 1339). At the confluence with Meat Camp Creek .......................... +3,213 Middle Fork ............................... Approximately 1,160 feet upstream of NC 194 Highway North. Approximately 500 feet downstream of Shoppes On The Parkway Road. +3,455 Norris Fork ................................ Approximately 0.4 mile upstream of Goforth Road ............ At the confluence with Meat Camp Creek .......................... +3,630 +3,200 +3,248 Stony Fork ................................ Approximately 0.4 mile upstream of the confluence with Meat Camp Creek. At the confluence with Elk Creek (into South Fork New River). Approximately 0.7 mile upstream of the confluence with Elk Creek (into South Fork New River). At the Watauga/Wilkes County boundary ........................... Stony Fork Tributary ................. Approximately 40 feet downstream of Stoney Fork Road (State Road 1505). At the confluence with Stony Fork ...................................... +2,260 Approximately 1,470 feet upstream of Stoney Fork Road At the confluence with Middle Fork ..................................... +2,341 +3,477 Watauga River .......................... Approximately 0.7 mile upstream of Chetola Lake Drive ... At the Watauga County boundary ....................................... +3,546 +2,142 Wildcat Creek ........................... Approximately 30 feet upstream of The Glens Boulevard .. At the confluence with Left Prong Stony Fork .................... +3,596 +1,941 Winkler Creek ........................... Approximately 0.6 mile upstream of Bill Miller Lane .......... At the upstream side of Blowing Rock Road ...................... +2,469 +3,114 Approximately 300 feet upstream of Rainbow Mountain Road. 57947 +3,442 Pine Orchard Creek .................. Unnamed Tributary to Middle Fork. +1,639 +3,058 +3,156 +2,974 Communities affected Unincorporated Areas of Watauga County. Unincorporated Areas of Watauga County, Town of Boone. Unincorporated Areas of Watauga County. Unincorporated Areas of Watauga County. Unincorporated Areas of Watauga County. Unincorporated Areas of Watauga County, Town of Blowing Rock. Unincorporated Areas of Watauga County. Unincorporated Areas of Watauga County. +3,041 +1,975 Unincorporated Areas of Watauga County. +2,265 Unincorporated Areas of Watauga County. Unincorporated Areas of Watauga County, Town of Blowing Rock. Unincorporated Areas of Watauga County. Unincorporated Areas of Watauga County. Unincorporated Areas of Watauga County, Town of Boone. srobinson on DSKHWCL6B1PROD with RULES * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES Town of Blowing Rock Maps are available for inspection at the Town Hall, 1036 Main Street, Blowing Rock, NC 28605. Town of Boone Maps are available for inspection at the Boone Town Planning and Inspections Office, 1500 Blowing Rock Road, Boone, NC 28607. Unincorporated Areas of Watauga County Maps are available for inspection at the Watauga County Planning and Inspections Department, 331 Queen Street, Suite 8, Boone, NC 28607 VerDate Nov<24>2008 16:35 Nov 09, 2009 Jkt 220001 PO 00000 Frm 00065 Fmt 4700 Sfmt 4700 E:\FR\FM\10NOR1.SGM 10NOR1 57948 Federal Register / Vol. 74, No. 216 / Tuesday, November 10, 2009 / Rules and Regulations Flooding source(s) * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Modified Location of referenced elevation Communities affected Barron County, Wisconsin, and Incorporated Areas Docket No.: FEMA–B–1014 Bear Creek ................................ 191 feet downstream of Main Street (Haugen) .................. +1,198 Beaver Dam Lake ..................... Big Moon Lake .......................... Just downstream of Bear Lake Dam .................................. Entire shoreline ................................................................... Entire shoreline ................................................................... +1,207 +1,233 +1,171 Buck Lake ................................. Entire shoreline ................................................................... +1,233 Devils Lake ............................... Entire shoreline ................................................................... +1,262 Duck Lake ................................. Entire shoreline ................................................................... +1,236 Frankenburg Slough ................. Granite Lake ............................. Entire shoreline ................................................................... Entire shoreline ................................................................... +1,040 +1,238 Lake Montanis .......................... Entire shoreline ................................................................... +1,119 Little Sand Lake ........................ Entire shoreline ................................................................... +1,250 Lower Turtle Lake ..................... Entire shoreline ................................................................... +1,165 Lower/Upper Vermillion Lake ... Entire shoreline ................................................................... +1,184 Peterson Lake ........................... Entire shoreline ................................................................... +1,189 Poskin Lake .............................. Entire shoreline ................................................................... +1,157 Red Cedar River ....................... 6,000 feet downstream of State Hwy 48 ............................ +1,126 Red Cedar River Tributary 16 .. Outlet of Red Cedar Lake ................................................... Confluence with Red Cedar River ...................................... +1,177 +1,112 Sand Lake ................................. 750 feet upstream of US Hwy 53 ....................................... Entire shoreline ................................................................... +1,191 +1,226 Shallow Lake ............................ Entire shoreline ................................................................... +1,240 Silver Lake ................................ Entire shoreline ................................................................... +1,258 Tuscobia Lake/Stump Lake ...... Entire shoreline ................................................................... +1,129 Upper Turtle Lake ..................... Entire shoreline ................................................................... +1,174 srobinson on DSKHWCL6B1PROD with RULES * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES City of Cumberland Maps are available for inspection at 1356 2nd Avenue Cumberland, WI 54829. City of Rice Lake Maps are available for inspection at 30 East Eau Claire Street, Rice Lake, WI 54868. Unincorporated Areas of Barron County Maps are available for inspection at 330 East LaSalle Avenue, Barron, WI 54812. Village of Cameron Maps are available for inspection at 300 North 1st Street, Cameron, WI 54822. Village of Haugen Maps are available for inspection at 104 West 3rd Street, Haugen, WI 54841. VerDate Nov<24>2008 16:35 Nov 09, 2009 Jkt 220001 PO 00000 Frm 00066 Fmt 4700 Sfmt 4700 E:\FR\FM\10NOR1.SGM 10NOR1 Village of Haugen, Unincorporated Areas of Barron County. City of Cumberland. Unincorporated Areas of Barron County. City of Cumberland, Unincorporated Areas of Barron County. Unincorporated Areas of Barron County. City of Cumberland, Unincorporated Areas of Barron County. Village of Cameron. Unincorporated Areas of Barron County. City of Rice Lake, Unincorporated Areas of Barron County. Unincorporated Areas of Barron County. Unincorporated Areas of Barron County. Unincorporated Areas of Barron County. Unincorporated Areas of Barron County. Unincorporated Areas of Barron County. Unincorporated Areas of Barron County. City of Rice Lake, Unincorporated Areas of Barron County. Unincorporated Areas Barron County. Unincorporated Areas Barron County. Unincorporated Areas Barron County. Unincorporated Areas Barron County. Unincorporated Areas Barron County. of of of of of Federal Register / Vol. 74, No. 216 / Tuesday, November 10, 2009 / Rules and Regulations (Catalog of Federal Domestic Assistance No. 97.022, ‘‘Flood Insurance.’’) Deborah S. Ingram, Acting Deputy Assistant Administrator for Mitigation, Mitigation Directorate, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E9–27112 Filed 11–9–09; 8:45 am] BILLING CODE 9110–12–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 09100091344–9056–02] RIN 0648–XS79 Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod in the Central Regulatory Area of the Gulf of Alaska AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; prohibition of retention. srobinson on DSKHWCL6B1PROD with RULES SUMMARY: NMFS is prohibiting retention of Pacific cod by vessels catching Pacific cod for processing by the inshore component in the Central Regulatory Area of the Gulf of Alaska (GOA). NMFS is requiring that catch of Pacific cod in this area be treated in the same manner as prohibited species and discarded at sea with a minimum of injury. This action is necessary because the amount of the 2009 total allowable catch (TAC) of Pacific cod apportioned to vessels catching Pacific cod for processing by the inshore component in this area has been reached. VerDate Nov<24>2008 16:35 Nov 09, 2009 Jkt 220001 DATES: Effective 1200 hrs, Alaska local time (A.l.t.), November 5, 2009, through 2400 hrs, A.l.t., December 31, 2009. FOR FURTHER INFORMATION CONTACT: Obren Davis, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the GOA exclusive economic zone according to the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP) prepared by the North Pacific Fishery Management Council under authority of the MagnusonStevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. The amount of the 2009 Pacific cod TAC apportioned to vessels catching Pacific cod for processing by the inshore component in the Central Regulatory Area (Statistical Areas 620 and 630, between 147 degrees and 159 degrees W. longitudes) of the GOA is 21,277 metric tons (mt) as established by the final 2009 and 2010 harvest specifications for groundfish of the GOA (74 FR 7333, February 17, 2009). In accordance with § 679.20(d)(2), the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that the amount of the 2009 Pacific cod TAC apportioned to vessels catching Pacific cod for processing by the inshore component in the Central Regulatory Area of the GOA has been reached. Therefore, NMFS is requiring that further catches of Pacific cod caught by vessels catching Pacific cod for processing by the inshore component in the Central Regulatory Area of the GOA be treated as prohibited species in accordance with § 679.21(b). This inseason action does not apply to vessels fishing under a cooperative quota permit in the PO 00000 Frm 00067 Fmt 4700 Sfmt 4700 57949 cooperative fishery in the Rockfish Program for the Central GOA. Classification This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA (AA), finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay the prohibition of retention of Pacific cod by any vessels catching Pacific cod for processing by the inshore component in the Central Regulatory Area of the GOA. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of November 4, 2009. The AA also finds good cause to waive the 30–day delay in the effective date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment. This action is required by § 679.20 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: November 5, 2009. James P. Burgess, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E9–27042 Filed 11–5–09; 4:15 am] BILLING CODE 3510–22–S E:\FR\FM\10NOR1.SGM 10NOR1

Agencies

[Federal Register Volume 74, Number 216 (Tuesday, November 10, 2009)]
[Rules and Regulations]
[Pages 57944-57949]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-27112]


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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2008-0020]


Final Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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

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: Kevin C. Long, Acting Chief, 
Engineering Management Branch, Mitigation Directorate, Federal 
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, 
(202) 646-2820.

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 for 
Mitigation 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.

[[Page 57945]]

    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:

----------------------------------------------------------------------------------------------------------------
                                                                      * Elevation in
                                                                      feet (NGVD)  +
                                                                    Elevation in feet
           Flooding source(s)              Location of referenced   (NAVD)       Communities affected
                                                 elevation            Depth in feet
                                                                       above ground
                                                                         Modified
----------------------------------------------------------------------------------------------------------------
                                Orange County, California, and Incorporated Areas
                                             Docket No.: FEMA-B-1004
----------------------------------------------------------------------------------------------------------------
Aliso Creek............................  At confluence with                       +14  City of Laguna Beach,
                                          Pacific Ocean.                                Unincorporated Areas of
                                                                                        Orange County.
                                         Approximately 1.09 mile                  +41
                                          upstream of confluence
                                          with Pacific Ocean.
Bluebird Canyon........................  At confluence with                       +17  City of Laguna Beach.
                                          Pacific Ocean.
                                         Approximately 0.55 mile                 +124
                                          upstream of confluence
                                          with Pacific Ocean.
Canyon Acres Wash......................  Approximately 70 feet                    +81  City of Laguna Beach.
                                          upstream of confluence
                                          with Laguna Canyon.
                                         Approximately 1,460 feet                +185
                                          upstream of Lewellyn
                                          Drive.
Laguna Canyon..........................  At confluence with                       +15  City of Laguna Beach,
                                          Pacific Ocean.                                Unincorporated Areas of
                                                                                        Orange County.
                                         Approximately 0.72 mile                 +344
                                          upstream of upstream-
                                          most State Highway 73
                                          crossing.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
 
                                                    ADDRESSES
 
City of Laguna Beach
Maps are available for inspection at City Hall, 505 Forest Avenue, Laguna Beach, CA 92651.
 
                                      Unincorporated Areas of Orange County
Maps are available for inspection at the Orange County Public Works Department, 300 North Flower Street, Santa
 Ana, CA 92703.
----------------------------------------------------------------------------------------------------------------
                                Anderson County, Kentucky, and Incorporated Areas
                                             Docket No.: FEMA-B-1007
----------------------------------------------------------------------------------------------------------------
Kentucky River.........................  Anderson County and                     +509  Unincorporated Areas of
                                          Franklin County                               Anderson County.
                                          corporate limits.
                                         Anderson County and                     +527
                                          Mercer County corporate
                                          limits.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
 
                                                    ADDRESSES
 
                                     Unincorporated Areas of Anderson County
 
Maps are available for inspection at 139 Main Street, Lawrenceburg, KY 40342.
----------------------------------------------------------------------------------------------------------------
                                 Graves County, Kentucky, and Incorporated Areas
                                              Docket No.: FEMA-1013
----------------------------------------------------------------------------------------------------------------
Camp Creek.............................  Approximately 2,000 feet                +352  Unincorporated Areas of
                                          upstream KY-348.                              Graves County.
                                         Approximately 800 feet                  +370
                                          upstream of railroad.
Kess Creek.............................  At Paris Road............               +456  Unincorporated Areas of
                                                                                        Graves County, City of
                                                                                        Mayfield.
                                         Approximately 750                       +470
                                          downstream of South 10th
                                          Street.
Obion Creek............................  Approximately 2,100 feet                +378  Unincorporated Areas of
                                          downstream of railroad                        Graves County.
                                          (West County Boundary).

[[Page 57946]]

 
                                         At US-45.................               +410
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
 
                                                    ADDRESSES
 
City of Mayfield
Maps are available for inspection at 211 East Broadway, Mayfield, KY 42066.
 
                                      Unincorporated Areas of Graves County
Maps are available for inspection at 101 East South Street, Mayfield, KY 42066.
----------------------------------------------------------------------------------------------------------------
                               Van Buren County, Michigan, and Incorporated Areas
                                              Docket No.: FEMA-1002
----------------------------------------------------------------------------------------------------------------
Maple Creek............................  Approximately 0.4 mile                  +645  Township of Bangor.
                                          upstream of Ollie Hosier
                                          Drive.
                                         Approximately 800 feet                  +648
                                          downstream of 34th
                                          Avenue.
South Branch Black River...............  Approximately 900 feet                  +585  City of South Haven.
                                          upstream of Kal-Haven
                                          Trail.
                                         Downstream side of 71\1/                +585
                                          2\ Street.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
 
                                                    ADDRESSES
 
City of South Haven
Maps are available for inspection at 539 Phoenix Street, South Haven, MI 49090.
 
Township of Bangor
Maps are available for inspection at 32550 CR 687, Bangor, MI 49013.
----------------------------------------------------------------------------------------------------------------
                             Watauga County, North Carolina, and Incorporated Areas
                                    Docket Nos.: FEMA-B-1004 and FEMA-D-7808
----------------------------------------------------------------------------------------------------------------
Beech Creek............................  At the confluence with                +2,446  Unincorporated Areas of
                                          Watauga River.                                Watauga County.
                                         Approximately 1,080 feet              +2,776
                                          upstream of the
                                          confluence of Buckeye
                                          Creek.
Boone Creek............................  At the confluence with                +3,122  Town of Boone.
                                          Winkler Creek.
                                         Approximately 350 feet                +3,311
                                          upstream of West King
                                          Street.
Brushy Fork............................  Approximately 100 feet                +2,724  Unincorporated Areas of
                                          downstream of US 421                          Watauga County.
                                          Highway N.
                                         Approximately 700 feet                +2,893
                                          upstream of Adams
                                          Cemetery Road (State
                                          Road 1375).
Buckeye Creek..........................  At the confluence with                +2,731  Unincorporated Areas of
                                          Beech Creek.                                  Watauga County.
                                         Approximately 0.7 mile                +2,940
                                          upstream of Blevins Road.
Cobb Creek.............................  At the confluence with                +3,169  Unincorporated Areas of
                                          Meat Camp Creek.                              Watauga County.
                                         Approximately 1,540 feet              +3,307
                                          upstream of Cobbs Creek
                                          Road (State Road 1325).
Cove Creek.............................  At the confluence with                +2,637  Unincorporated Areas of
                                          Watauga River.                                Watauga County.
                                         Approximately 620 feet                +3,083
                                          upstream of Hill Road.
Elk Creek..............................  Approximately 100 feet                +1,349  Unincorporated Areas of
                                          downstream of the                             Watauga County.
                                          Watauga/Wilkes County
                                          boundary.
                                         Approximately 1.1 miles               +2,135
                                          upstream of Jakes
                                          Mountain Road.
Elk Creek (into South Fork River)......  Approximately 50 feet                 +2,955  Unincorporated Areas of
                                          upstream of Big Hill                          Watauga County.
                                          Road (State Road 1350).
                                         Approximately 250 feet                +2,982
                                          upstream of State Road
                                          194.
Flannery Fork..........................  At the confluence with                +3,253  Unincorporated Areas of
                                          Winkler Creek.                                Watauga County, Town of
                                                                                        Boone.
                                         Approximately 430 feet                +3,469
                                          upstream of Sky Ranch
                                          Road.
Gap Creek..............................  At the Watauga/Ashe                   +2,952  Unincorporated Areas of
                                          County boundary.                              Watauga County.
                                         Approximately 160 feet                +3,076
                                          upstream of James
                                          Parsons Road.
Hodges Creek...........................  Approximately 430 feet                +3,127  Town of Boone.
                                          upstream of the
                                          confluence with Boone
                                          Creek.
                                         Approximately 140 feet                +3,286
                                          upstream of NC 105
                                          Highway.

[[Page 57947]]

 
Howard Creek...........................  Approximately 1,440 feet              +3,212  Unincorporated Areas of
                                          upstream of Moss Hill                         Watauga County.
                                          Road.
                                         Approximately 0.6 mile                +3,418
                                          upstream of Millers Pond
                                          Lane.
Laurel Fork............................  At the confluence with                +2,739  Unincorporated Areas of
                                          Watauga River.                                Watauga County, Town of
                                                                                        Boone.
                                         Approximately 1,400 feet              +3,357
                                          upstream of George
                                          Wilson Road.
Left Prong Stony Fork..................  At the Watauga/Wilkes                 +1,639  Unincorporated Areas of
                                          County boundary.                              Watauga County.
                                         Approximately 220 feet                +1,947
                                          upstream of the
                                          confluence of Wildcat
                                          Creek.
Meat Camp Creek........................  At the confluence with                +3,058  Unincorporated Areas of
                                          South Fork New River.                         Watauga County.
                                         Approximately 1.1 miles               +3,495
                                          upstream of Bryan Hollow
                                          Road (State Road 1339).
Meat Camp Creek Tributary..............  At the confluence with                +3,156  Unincorporated Areas of
                                          Meat Camp Creek.                              Watauga County.
                                         Approximately 1,160 feet              +3,213
                                          upstream of NC 194
                                          Highway North.
Middle Fork............................  Approximately 500 feet                +3,455  Unincorporated Areas of
                                          downstream of Shoppes On                      Watauga County, Town of
                                          The Parkway Road.                             Blowing Rock.
                                         Approximately 0.4 mile                +3,630
                                          upstream of Goforth Road.
Norris Fork............................  At the confluence with                +3,200  Unincorporated Areas of
                                          Meat Camp Creek.                              Watauga County.
                                         Approximately 0.4 mile                +3,248
                                          upstream of the
                                          confluence with Meat
                                          Camp Creek.
Pine Orchard Creek.....................  At the confluence with                +2,974  Unincorporated Areas of
                                          Elk Creek (into South                         Watauga County.
                                          Fork New River).
                                         Approximately 0.7 mile                +3,041
                                          upstream of the
                                          confluence with Elk
                                          Creek (into South Fork
                                          New River).
Stony Fork.............................  At the Watauga/Wilkes                 +1,975  Unincorporated Areas of
                                          County boundary.                              Watauga County.
                                         Approximately 40 feet                 +2,265
                                          downstream of Stoney
                                          Fork Road (State Road
                                          1505).
Stony Fork Tributary...................  At the confluence with                +2,260  Unincorporated Areas of
                                          Stony Fork.                                   Watauga County.
                                         Approximately 1,470 feet              +2,341
                                          upstream of Stoney Fork
                                          Road.
Unnamed Tributary to Middle Fork.......  At the confluence with                +3,477  Unincorporated Areas of
                                          Middle Fork.                                  Watauga County, Town of
                                                                                        Blowing Rock.
                                         Approximately 0.7 mile                +3,546
                                          upstream of Chetola Lake
                                          Drive.
Watauga River..........................  At the Watauga County                 +2,142  Unincorporated Areas of
                                          boundary.                                     Watauga County.
                                         Approximately 30 feet                 +3,596
                                          upstream of The Glens
                                          Boulevard.
Wildcat Creek..........................  At the confluence with                +1,941  Unincorporated Areas of
                                          Left Prong Stony Fork.                        Watauga County.
                                         Approximately 0.6 mile                +2,469
                                          upstream of Bill Miller
                                          Lane.
Winkler Creek..........................  At the upstream side of               +3,114  Unincorporated Areas of
                                          Blowing Rock Road.                            Watauga County, Town of
                                                                                        Boone.
                                         Approximately 300 feet                +3,442
                                          upstream of Rainbow
                                          Mountain Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
 
                                                    ADDRESSES
 
Town of Blowing Rock
Maps are available for inspection at the Town Hall, 1036 Main Street, Blowing Rock, NC 28605.
 
Town of Boone
Maps are available for inspection at the Boone Town Planning and Inspections Office, 1500 Blowing Rock Road,
 Boone, NC 28607.
 
                                     Unincorporated Areas of Watauga County
Maps are available for inspection at the Watauga County Planning and Inspections Department, 331 Queen Street,
 Suite 8, Boone, NC 28607
----------------------------------------------------------------------------------------------------------------

[[Page 57948]]

 
                                Barron County, Wisconsin, and Incorporated Areas
                                             Docket No.: FEMA-B-1014
----------------------------------------------------------------------------------------------------------------
Bear Creek.............................  191 feet downstream of                +1,198  Village of Haugen,
                                          Main Street (Haugen).                         Unincorporated Areas of
                                                                                        Barron County.
                                         Just downstream of Bear               +1,207
                                          Lake Dam.
Beaver Dam Lake........................  Entire shoreline.........             +1,233  City of Cumberland.
Big Moon Lake..........................  Entire shoreline.........             +1,171  Unincorporated Areas of
                                                                                        Barron County.
Buck Lake..............................  Entire shoreline.........             +1,233  City of Cumberland,
                                                                                        Unincorporated Areas of
                                                                                        Barron County.
Devils Lake............................  Entire shoreline.........             +1,262  Unincorporated Areas of
                                                                                        Barron County.
Duck Lake..............................  Entire shoreline.........             +1,236  City of Cumberland,
                                                                                        Unincorporated Areas of
                                                                                        Barron County.
Frankenburg Slough.....................  Entire shoreline.........             +1,040  Village of Cameron.
Granite Lake...........................  Entire shoreline.........             +1,238  Unincorporated Areas of
                                                                                        Barron County.
Lake Montanis..........................  Entire shoreline.........             +1,119  City of Rice Lake,
                                                                                        Unincorporated Areas of
                                                                                        Barron County.
Little Sand Lake.......................  Entire shoreline.........             +1,250  Unincorporated Areas of
                                                                                        Barron County.
Lower Turtle Lake......................  Entire shoreline.........             +1,165  Unincorporated Areas of
                                                                                        Barron County.
Lower/Upper Vermillion Lake............  Entire shoreline.........             +1,184  Unincorporated Areas of
                                                                                        Barron County.
Peterson Lake..........................  Entire shoreline.........             +1,189  Unincorporated Areas of
                                                                                        Barron County.
Poskin Lake............................  Entire shoreline.........             +1,157  Unincorporated Areas of
                                                                                        Barron County.
Red Cedar River........................  6,000 feet downstream of              +1,126  Unincorporated Areas of
                                          State Hwy 48.                                 Barron County.
                                         Outlet of Red Cedar Lake.             +1,177
Red Cedar River Tributary 16...........  Confluence with Red Cedar             +1,112  City of Rice Lake,
                                          River.                                        Unincorporated Areas of
                                                                                        Barron County.
                                         750 feet upstream of US               +1,191
                                          Hwy 53.
Sand Lake..............................  Entire shoreline.........             +1,226  Unincorporated Areas of
                                                                                        Barron County.
Shallow Lake...........................  Entire shoreline.........             +1,240  Unincorporated Areas of
                                                                                        Barron County.
Silver Lake............................  Entire shoreline.........             +1,258  Unincorporated Areas of
                                                                                        Barron County.
Tuscobia Lake/Stump Lake...............  Entire shoreline.........             +1,129  Unincorporated Areas of
                                                                                        Barron County.
Upper Turtle Lake......................  Entire shoreline.........             +1,174  Unincorporated Areas of
                                                                                        Barron County.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
 
                                                    ADDRESSES
 
City of Cumberland
Maps are available for inspection at 1356 2nd Avenue Cumberland, WI 54829.
 
City of Rice Lake
Maps are available for inspection at 30 East Eau Claire Street, Rice Lake, WI 54868.
 
                                      Unincorporated Areas of Barron County
Maps are available for inspection at 330 East LaSalle Avenue, Barron, WI 54812.
 
Village of Cameron
Maps are available for inspection at 300 North 1st Street, Cameron, WI 54822.
 
Village of Haugen
Maps are available for inspection at 104 West 3rd Street, Haugen, WI 54841.
----------------------------------------------------------------------------------------------------------------


[[Page 57949]]

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

Deborah S. Ingram,
Acting Deputy Assistant Administrator for Mitigation, Mitigation 
Directorate, Department of Homeland Security, Federal Emergency 
Management Agency.
[FR Doc. E9-27112 Filed 11-9-09; 8:45 am]
BILLING CODE 9110-12-P