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Rule

Final Flood Elevation Determinations

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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.

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FOR FURTHER INFORMATION CONTACT:

William R. Blanton Jr., Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-3151.

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SUPPLEMENTARY INFORMATION:

The Federal Emergency Management Agency (FEMA) makes the final determinations listed below for the modified BFEs for each community listed. These modified elevations have been published in newspapers of local circulation and ninety (90) days have elapsed since that publication. The Assistant Administrator of the Mitigation Directorate has resolved any appeals resulting from this notification.

This final rule is issued in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part 67. FEMA has developed criteria for floodplain management in floodprone areas in accordance with 44 CFR part 60.

Interested lessees and owners of real property are encouraged to review the proof Flood Insurance Study and FIRM available at the address cited below for each community. The BFEs and modified BFEs are made final in the communities listed below. Elevations at selected locations in each community are shown.

National Environmental Policy Act. This final rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Consideration. An environmental impact assessment has not been prepared.

Regulatory Flexibility Act. As flood elevation determinations are not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-612, a regulatory flexibility analysis is not required.

Regulatory Classification. This final rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735.

Executive Order 13132, Federalism. This final rule involves no policies that have federalism implications under Executive Order 13132.

Executive Order 12988, Civil Justice Reform. This final rule meets the applicable standards of Executive Order 12988.

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List of Subjects in 44 CFR Part 67

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Accordingly,

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PART 67—[AMENDED]

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1. The authority citation for part 67 continues to read as follows:

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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.

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[Amended]
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2. The tables published under the authority of § 67.11 are amended as follows:

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Flooding source(s)Location of referenced elevation* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground ModifiedCommunities affected
Transylvania County, North Carolina and Incorporated Areas Docket Nos.: FEMA-D-7826, FEMA-B-7792, FEMA-B-1003
Allison CreekApproximately 450 feet upstream of the confluence with Lamb Creek+ 2,116Unincorporated Areas of Transylvania County, City of Brevard.
Approximately 1,100 feet upstream of Camp Straus Road.+ 2,187
Boylston CreekApproximately 1,500 feet downstream of the Henderson/Transylvania County boundary+ 2,173Unincorporated Areas of Transylvania County.
Approximately 50 feet upstream of King Road (State Road 1502)+2,228
Carson CreekAt the confluence with French Broad River+ 2,137Unincorporated Areas of Transylvania County.
Approximately 0.6 mile upstream of Island Ford Road (State Road 1103)+ 2,471
Catheys CreekApproximately 10 feet upstream of U.S. Highway 64+ 2,187Unincorporated Areas of Transylvania County, City of Brevard.
Approximately 1.1 miles upstream of U.S. Highway 64+ 2,253
Davidson RiverApproximately 100 feet upstream of Old Henderson Highway+ 2,104Unincorporated Areas of Transylvania County, City of Brevard.
Approximately 50 feet upstream of U.S. 64 Highway+ 2,128
Davidson River (original channel)The confluence with Davidson River+ 2,117Unincorporated Areas of Transylvania County, City of Brevard.
Approximately 1,000 feet upstream from the confluence of Turkey Creek+ 2,127
Davidson River Tributary 1At the confluence with Davidson River+ 2,109Unincorporated Areas of Transylvania County, City of Brevard.
Approximately 1,440 feet upstream of Ecusta Road+ 2,144
Flat CreekApproximately 100 feet upstream of the confluence with West French Broad River+ 2,298Unincorporated Areas of Transylvania County.
The confluence of North and South Flat Creek+ 2,533
Frozen CreekAt the confluence with West Fork French Broad River+ 2,233Unincorporated Areas of Transylvania County.
Approximately 500 feet upstream of Frozen Creek Road (State Road 1143)+ 2,361
Graham CreekApproximately 600 feet upstream of Keystone Camp Road+ 2,167Unincorporated Areas of Transylvania County, City of Brevard.
Approximately 100 feet downstream of East Southwood Drive+ 2,172
Horsepasture RiverApproximately 200 feet downstream of the Jackson/Transylvania County boundary+ 2,968Unincorporated Areas of Transylvania County.
At the Jackson/Transylvania County boundary+ 2,989
Hunts BranchAt the confluence with Norton Creek+ 2,180Unincorporated Areas of Transylvania County, City of Brevard.
Approximately 640 feet upstream of Probart Street (State Road 1348)+ 2,218
Indian CreekThe confluence with Toxaway River+ 2,186Unincorporated Areas of Transylvania County.
Approximately 0.6 mile upstream of NC Highway 281+ 3,041
Jumping BranchApproximately 10 feet upstream of Turnpike Road+ 2,141City of Brevard.
Approximately 30 feet downstream of Miner Street+ 2,163
King CreekApproximately 0.6 mile upstream of the confluence with French Broad River+ 2,105Unincorporated Areas of Transylvania County, City of Brevard.
Approximately 0.4 mile upstream of Millbrook Drive+ 2,290
Lime Kiln CreekApproximately 0.6 mile upstream of the confluence with French Broad River+ 2,150Unincorporated Areas of Transylvania County.
Approximately 750 feet upstream of Ross Road (State Road 1334)+ 2,213
Little RiverApproximately 1.3 miles upstream of Cascade Lake Road (State Road 1536)+ 2,142Unincorporated Areas of Transylvania County.
Approximately 300 feet upstream of Casey Lane+ 2,745
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Long BranchThe confluence with King Creek+ 2,144Unincorporated Areas of Transylvania County, City of Brevard.
Approximately 280 feet upstream of the confluence with King Creek+ 2,144
Lyday CreekApproximately 0.7 mile upstream of the confluence with French Broad River+ 2,097Unincorporated Areas of Transylvania County.
Approximately 0.7 mile upstream of the confluence of Blythe Branch+ 2,152
Mason CreekApproximately 50 feet upstream of Whitmire Road (State Road 1128)+ 2,159Unincorporated Areas of Transylvania County.
Approximately 0.4 mile upstream of Cherryfield Loop (State Road 1392)+ 2,227
Morton CreekAt the confluence with South Fork Flat Creek+ 2,674Unincorporated Areas of Transylvania County.
Approximately 1,820 feet upstream of U.S. 64 Highway+ 2,700
North Fork Flat CreekAt the confluence with Flat Creek and South Fork Flat Creek+ 2,533Unincorporated Areas of Transylvania County.
Approximately 1,300 feet upstream of Golden Road (State Road 1313)+ 2,998
Norton CreekAt the confluence with Nicholson Creek+ 2,128Unincorporated Areas of Transylvania County, City of Brevard.
Approximately 475 feet upstream of Probart Street (State Road 1348)+ 2,218
Osborne BranchThe confluence with Boylston Creek+ 2,223Unincorporated Areas of Transylvania County.
Approximately 0.7 mile upstream of the confluence with Boylston Creek+ 2,422
Pole Bridge BranchThe confluence with Little River+ 2,698Unincorporated Areas of Transylvania County.
Approximately 900 feet upstream of the confluence with Little River+ 2,739
South Fork Flat CreekAt the confluence with Flat Creek and North Fork Flat Creek+ 2,533Unincorporated Areas of Transylvania County.
Approximately 0.5 mile upstream of Flat Creek Valley Road (State Road 1147)+ 2,792
South Prong Turkey CreekAt the confluence with Turkey Creek+ 2,252Unincorporated Areas of Transylvania County.
Approximately 360 feet upstream of the confluence with Turkey Creek+ 2,269
Sutton CreekThe confluence with Boylston Creek+ 2,228Unincorporated Areas of Transylvania County.
Approximately 0.8 mile upstream of Lakeland Drive+ 2,497
Toxaway RiverApproximately 5.9 miles upstream of North Carolina/South Carolina boundary+ 2,164Unincorporated Areas of Transylvania County.
Approximately 1.0 mile upstream of Cardinal Drive West+ 3,390
Toxaway River Tributary 5The confluence with Toxaway River+ 2,654Unincorporated Areas of Transylvania County.
Approximately 0.4 mile upstream of the confluence with Toxaway River+ 3,021
Toxaway River Tributary 6The confluence with Toxaway River+ 2,643Unincorporated Areas of Transylvania County.
Approximately 0.5 mile upstream of the confluence with Toxaway River+ 2,804
Turkey CreekAt the confluence with Davidson River (original channel)+ 2,124Unincorporated Areas of Transylvania County, City of Brevard.
Approximately 120 feet upstream of the confluence with South Prong Turkey Creek+ 2,256
West Fork French Broad RiverApproximately 1,600 feet upstream of U.S. Highway 64+ 2,247Unincorporated Areas of Transylvania County.
Approximately 200 feet upstream of the confluence of Flat Creek+ 2,307
Whitewater RiverAt the North Carolina/South Carolina boundary+ 1,961Unincorporated Areas of Transylvania County.
At the Transylvania/Jackson County boundary+ 3,163
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Williamson CreekApproximately 1,000 feet upstream of Wilson Road (State Road 1540)+2,105Unincorporated Areas of Transylvania County.
Approximately 1,000 feet upstream of the confluence of Camp Creek+ 2,116
Wilson Mill CreekApproximately 1,900 feet upstream of the confluence with Catheys Creek+ 2,148Unincorporated Areas of Transylvania County.
Approximately 1,900 feet upstream of Forest Road+ 2,398
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
# Depth in feet above ground.
ADDRESSES
City of Brevard
Maps are available for inspection at the City of Brevard Planning Department, 95 West Main Street, Brevard, NC.
Unincorporated Areas of Transylvania County
Maps are available for inspection at the Transylvania County Inspections Department, 98 East Morgan Street, Brevard, NC.
Walworth County, Wisconsin, and Incorporated Areas FEMA Docket No.: B-7755
Eagle Spring LakeAll flooding affecting County+ 822Unincorporated Areas of Walworth County.
Mukwonago RiverApproximately 1,700 feet North of the intersection of Marsh Road and County Highway J+ 799Unincorporated Areas of Walworth County.
Approximately 1.2 miles Northeast of the intersection of County Highway J and County Highway E+ 806
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
# Depth in feet above ground.
ADDRESSES
Unincorporated Areas of Walworth County
Maps are available for inspection at the Office of Emergency Management, 1770 County Road NN, Elkhorn, WI 53121.

(Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”)

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Dated: May 11, 2009.

Deborah S. Ingram,

Deputy Acting Assistant Administrator for Mitigation, Mitigation Directorate, Department of Homeland Security, Federal Emergency Management Agency.

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[FR Doc. E9-11513 Filed 5-15-09; 8:45 am]

BILLING CODE 9110-12-P