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

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