Legal Status
Legal Status
Rule
Final Flood Elevation Determinations
A Rule by the Federal Emergency Management Agency on
Document Details
Information about this document as published in the Federal Register.
- Printed version:
- Publication Date:
- 06/17/2009
- Agencies:
- Federal Emergency Management Agency
- 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.
- Document Type:
- Rule
- Document Citation:
- 74 FR 28629
- Page:
- 28629-28635 (7 pages)
- CFR:
- 44 CFR 67
- Agency/Docket Number:
- Docket ID FEMA-2008-0020
- Document Number:
- E9-14276
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- Docket Number:
- FEMA-2008-0020
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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.
Start Further InfoFOR 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.
End Further Info End Preamble Start Supplemental InformationSUPPLEMENTARY 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.
Start List of SubjectsList of Subjects in 44 CFR Part 67
End List of Subjects Start Amendment PartAccordingly,
End Amendment Part Start PartPART 67—[AMENDED]
End Part Start Amendment Part1. The authority citation for part 67 continues to read as follows:
End Amendment Part Start AuthorityAuthority: 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.
End Authority2. The tables published under the authority of § 67.11 are amended as follows:
End Amendment PartFlooding source(s) | Location of referenced elevation | * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Modified | Communities affected |
---|---|---|---|
Ashe County, North Carolina, and Incorporated Areas | |||
Docket No.: FEMA-B-1010 | |||
Bear Creek | Approximately 600 feet upstream of the confluence with South Fork New River | +2677 | Unincorporated Areas of Ashe County. |
Approximately 1.8 miles upstream of NC 16 Highway | +2826 | ||
Beaver Creek | Approximately 1,500 feet downstream of Mash Stuart Road (State Road 1199) | +2872 | Unincorporated Areas of Ashe County, Town of West Jefferson. |
Approximately 350 feet upstream of Earl Ray Road (State Road 1144) | +3120 | ||
Big Horse Creek | Approximately 550 feet upstream of the confluence with North Fork New River | +2645 | Unincorporated Areas of Ashe County, Town of Lansing. |
Approximately 0.6 mile upstream of Farmers Store Road (State Road 1360) | +3642 | ||
Big Laurel Creek | At the confluence with North Fork New River | +2814 | Unincorporated Areas of Ashe County. |
Approximately 40 feet downstream of Denny Road (State Road 1326) | +3232 | ||
Big Windfall Branch | At the confluence with Big Horse Creek | +2707 | Unincorporated Areas of Ashe County. |
Approximately 300 feet downstream of Big Windfall Road (State Road 1353) | +3039 | ||
Brush Fork | Approximately 500 feet upstream of the confluence with North Fork New River | +3029 | Unincorporated Areas of Ashe County. |
Approximately 75 feet upstream of West Brushy Fork Road (State Road 1302) | +3155 | ||
Buffalo Creek | At the second crossing of Warrensville Drive (State Road 1507) | +2687 | Unincorporated Areas of Ashe County. |
Approximately 0.7 mile upstream of Perry Road | +3046 | ||
Cabbage Creek | Approximately 100 feet upstream of the confluence with North Fork New River | +2897 | Unincorporated Areas of Ashe County. |
Approximately 360 feet upstream of Cabbage Creek Road (State Road 1307) | +2963 | ||
Cabbage Creek Tributary | At the confluence with Cabbage Creek | +2942 | Unincorporated Areas of Ashe County. |
Approximately 1,500 feet upstream of the confluence with Cabbage Creek | +2959 | ||
Call Creek | At the confluence with Old Field Creek | +2888 | Unincorporated Areas of Ashe County. |
Approximately 200 feet downstream of East Mill Creek Road (State Road 1112) | +3055 | ||
Cole Branch | Approximately 1.1 miles upstream of the confluence with Beaver Creek | +3045 | Town of West Jefferson. |
Approximately 1.2 miles upstream of the confluence with Beaver Creek | +3071 | ||
Cranberry Creek | Approximately 950 feet upstream of the confluence with South Fork New River | +2565 | Unincorporated Areas of Ashe County. |
Approximately 1.2 miles upstream of NC 88 Highway E | +2743 | ||
Cranberry Creek West | Approximately 630 feet upstream of the confluence with South Fork New River | +2899 | Unincorporated Areas of Ashe County. |
Approximately 1,000 feet upstream of Cranberry Springs Road (State Road 1100) | +3029 | ||
East Fork | At the confluence with Pine Swamp Creek | +2910 | Unincorporated Areas of Ashe County. |
Approximately 0.8 mile upstream of Idlewild Road (State Road 1003) | +3057 | ||
Elk Creek (into South Fork New River) | Approximately 150 feet upstream of the confluence with South Fork New River | +2955 | Unincorporated Areas of Ashe County. |
Approximately 1.3 miles upstream of Preacher Blackburn Road (State Road 1117) | +3071 | ||
Ezra Fork Creek | Approximately 1,560 feet upstream of U.S. Highway 221 | +2818 | Unincorporated Areas of Ashe County. |
Approximately 0.5 mile upstream of Highway U.S. 221 | +2838 | ||
Fees Branch | At the confluence with Helton Creek | +2890 | Unincorporated Areas of Ashe County. |
Start Printed Page 28631 | |||
Approximately 500 feet upstream of Fees Branch Road (State Road 1372) | +2948 | ||
Gap Creek | Approximately 1,700 feet upstream of the confluence with South Fork New River | +2863 | Unincorporated Areas of Ashe County. |
The Ashe/Watauga County boundary | +2952 | ||
Grassy Creek | At the confluence with New River | +2483 | Unincorporated Areas of Ashe County. |
Approximately 1.1 miles upstream of Old NC 16 Highway (State Road 1573) | +2679 | ||
Greer Branch | At the confluence with South Fork Little Horse Creek | +2905 | Unincorporated Areas of Ashe County. |
Approximately 0.6 mile upstream of Greer Hollow Road (State Road 1333) | +3037 | ||
Helton Creek | Approximately 1,200 feet upstream of the confluence with North Fork New River | +2556 | Unincorporated Areas of Ashe County. |
Approximately 0.9 mile upstream of Fees Branch Road (State Road 1372) | +2962 | ||
Helton Creek Tributary 1 | At the confluence with Helton Creek | +2777 | Unincorporated Areas of Ashe County. |
Approximately 0.5 mile upstream of the confluence of Helton Creek Tributary 1A | +2864 | ||
Helton Creek Tributary 1A | At the confluence with Helton Creek Tributary 1 | +2816 | Unincorporated Areas of Ashe County. |
Approximately 1,320 feet upstream of Spencer Branch Road (State Road 1373) | +2848 | ||
Jerd Branch | At the confluence with Helton Creek | +2805 | Unincorporated Areas of Ashe County. |
Approximately 1,093 feet upstream of NC Highway 194 | +2884 | ||
Jones Branch | At the confluence with Little Helton Creek | +2723 | Unincorporated Areas of Ashe County. |
At the Virginia/North Carolina state boundary | +2758 | ||
Little Buffalo Creek | At the confluence with Buffalo Creek | +2782 | Unincorporated Areas of Ashe County, Town of West Jefferson. |
Approximately 0.8 mile upstream of the confluence with Buffalo Creek | +2981 | ||
Little Buffalo Creek Tributary 1 | At the confluence with Little Buffalo Creek | +2921 | Unincorporated Areas of Ashe County, Town of West Jefferson. |
Approximately 170 feet downstream of South Main Street | +2968 | ||
Little Helton Creek | At the confluence with Helton Creek | +2636 | Unincorporated Areas of Ashe County. |
Approximately 200 feet upstream of the Virginia/North Carolina state boundary | +2757 | ||
Little Helton Creek Tributary 1 | At the confluence with Little Helton Creek | +2691 | Unincorporated Areas of Ashe County. |
Approximately 0.6 mile upstream of the confluence with Little Helton Creek | +2750 | ||
Little Helton Creek Tributary 2 | At the confluence with Little Helton Creek | +2751 | Unincorporated Areas of Ashe County. |
Approximately 0.4 mile upstream of the confluence with Little Helton Creek | +2798 | ||
Little Horse Creek | At the confluence with Big Horse Creek | +2665 | Unincorporated Areas of Ashe County. |
Approximately 1.1 miles upstream of Little Horse Creek Road (State Road 1324) | +3033 | ||
Little Laurel Creek | At the confluence with Big Laurel Creek | +2843 | Unincorporated Areas of Ashe County. |
Approximately 880 feet upstream of Little Laurel Road (State Road 1310) | +3323 | ||
Little Naked Creek | At the confluence with Naked Creek | +2686 | Unincorporated Areas of Ashe County. |
Approximately 1,490 feet upstream of East Landing Drive | +2712 | ||
Little Peak Creek | At the confluence with Peak Creek | +2608 | Unincorporated Areas of Ashe County. |
Approximately 0.5 mile upstream of Little Peak Creek Road | +2690 | ||
Start Printed Page 28632 | |||
Little Phoenix Creek | Approximately 250 feet upstream of the confluence with North Fork New River | +2604 | Unincorporated Areas of Ashe County. |
Approximately 0.9 mile upstream of the confluence of Little Phoenix Creek Tributary | +2836 | ||
Little Phoenix Creek Tributary | At the confluence with Little Phoenix Creek | +2727 | Unincorporated Areas of Ashe County. |
Approximately 0.4 mile upstream of Old NC Highway 16 (State Road 1573) | +2871 | ||
Little Piney Creek | At the confluence with Piney Creek | +2634 | Unincorporated Areas of Ashe County. |
Approximately 1,210 feet upstream of Piney Creek Road (State Road 1517) | +2679 | ||
Long Branch | At the confluence with Little Helton Creek | +2643 | Unincorporated Areas of Ashe County. |
Approximately 0.4 mile upstream of Jim Duvall Road (State Road 1528) | +2715 | ||
Long Branch South | At the confluence with North Fork New River | +2577 | Unincorporated Areas of Ashe County. |
Approximately 500 feet upstream of Shatley Springs Road (State Road 1574) | +2648 | ||
Middle Fork Little Horse Creek | At the confluence with Little Horse Creek | +2936 | Unincorporated Areas of Ashe County. |
Approximately 0.9 mile upstream of East Big Springs Road (State Road 1319) | +3082 | ||
Middle Fork Little Horse Creek Tributary | At the confluence with Middle Fork Little Horse Creek | +2995 | Unincorporated Areas of Ashe County. |
Approximately 0.4 mile upstream of the confluence with Middle Fork Little Horse Creek | +3049 | ||
Mill Creek | Approximately 300 feet upstream of the confluence with North Fork New River | +2738 | Unincorporated Areas of Ashe County. |
Approximately 1.7 miles upstream of West Mill Creek Road (State Road 1340) | +2935 | ||
Mill Creek (South) | Approximately 450 feet upstream of the confluence with South Fork New River | +2906 | Unincorporated Areas of Ashe County. |
Approximately 365 feet upstream of Mill Creek Road (State Road 1109) | +3051 | ||
Naked Creek | Approximately 0.5 mile upstream of the confluence with South Fork New River | +2665 | Unincorporated Areas of Ashe County, Town of Jefferson. |
Approximately 400 feet upstream of South Main Street | +2920 | ||
Naked Creek Tributary 2 | At the confluence with Naked Creek | +2908 | Town of Jefferson. |
Approximately 1,190 feet upstream of West Main Street | +2940 | ||
Nathans Creek | Approximately 250 feet upstream of the confluence with South Fork New River | +2579 | Unincorporated Areas of Ashe County. |
Approximately 550 feet upstream of U.S. 221 Highway | +2718 | ||
New River | Approximately 500 feet downstream of the Ashe/Alleghany County boundary | +2480 | Unincorporated Areas of Ashe County. |
At the confluence of the North Fork New River and South Fork New River | +2487 | ||
North Fork New River | At the confluence with New River and South Fork New River | +2487 | Unincorporated Areas of Ashe County. |
Approximately 50 feet downstream of West Peak Road (State Road 1119) | +3023 | ||
North Fork New River Tributary 1 | At the confluence with North Fork New River | +2503 | Unincorporated Areas of Ashe County. |
Approximately 0.4 mile upstream of the confluence with North Fork New River | +2557 | ||
Obids Creek | Approximately 350 feet upstream of the confluence with South Fork New River | +2718 | Unincorporated Areas of Ashe County. |
Approximately 250 feet upstream of Idlewild Road (State Road 1003) | +2874 | ||
Old Field Branch | At the confluence with Big Horse Creek | +2660 | Unincorporated Areas of Ashe County, Town of Lansing. |
Approximately 0.5 mile upstream of Glenn King Road (State Road 1519) | +2853 | ||
Old Field Creek | Approximately 1,400 feet upstream of the confluence with South Fork New River | +2874 | Unincorporated Areas of Ashe County. |
Start Printed Page 28633 | |||
Approximately 0.7 mile upstream of Mulatto Mountain Road (State Road 1145) | +3048 | ||
Old Field Creek (North) | Approximately 300 feet upstream of the confluence with North Fork New River | +2566 | Unincorporated Areas of Ashe County. |
Approximately 0.5 mile upstream of the confluence with North Fork New River | +2693 | ||
Peak Creek | Approximately 1,500 feet upstream of the confluence with South Fork New River | +2604 | Unincorporated Areas of Ashe County. |
Approximately 1.2 miles upstream of NC Highway 88 | +2866 | ||
Pine Swamp Creek | Approximately 850 feet upstream of the confluence with South Fork New River | +2837 | Unincorporated Areas of Ashe County. |
Approximately 0.7 mile upstream of Idlewild Road (State Road 1003) | +3010 | ||
Piney Creek | Approximately 250 feet upstream of the confluence with North Fork New River | +2624 | Unincorporated Areas of Ashe County. |
Approximately 150 feet upstream of Piney Creek Road (State Road 1517) | +2685 | ||
Rich Hill Creek | At the confluence with North Fork New River | +2799 | Unincorporated Areas of Ashe County. |
Approximately 1.1 miles upstream of NC Highway 88 | +2920 | ||
Roan Creek | Approximately 650 feet upstream of the confluence with South Fork New River | +2666 | Unincorporated Areas of Ashe County. |
Approximately 340 feet upstream of Earl Sheets Road (State Road 1625) | +2919 | ||
Roaring Fork | At the confluence with Big Laurel Creek | +2917 | Unincorporated Areas of Ashe County. |
Approximately 0.4 mile upstream of Roaring Fork Road (State Road 1320) | +3078 | ||
Rock Creek | Approximately 120 feet upstream of NC Highway 88 | +2942 | Unincorporated Areas of Ashe County. |
Approximately 1.4 miles upstream of NC 88 Highway | +3125 | ||
Shippy Branch | At the confluence with Little Helton Creek | +2730 | Unincorporated Areas of Ashe County. |
At the Virginia/North Carolina state boundary | +2774 | ||
Silas Creek | At the confluence with North Fork New River | +2583 | Unincorporated Areas of Ashe County. |
Approximately 1.0 mile upstream of the confluence of Silas Creek Tributary 2 | +2795 | ||
Silas Creek Tributary 1 | At the confluence with Silas Creek | +2691 | Unincorporated Areas of Ashe County. |
Approximately 1,376 feet upstream of the confluence with Silas Creek | +2782 | ||
Silas Creek Tributary 2 | At the confluence with Silas Creek | +2709 | Unincorporated Areas of Ashe County. |
Approximately 1,516 feet upstream of the confluence with Silas Creek | +2805 | ||
South Beaver Creek | Approximately 400 feet upstream of the confluence with Beaver Creek | +2792 | Unincorporated Areas of Ashe County. |
Approximately 1,800 feet upstream of Lakeside Drive | +2941 | ||
South Fork Little Horse Creek | At the confluence with Little Horse Creek | +2769 | Unincorporated Areas of Ashe County. |
Approximately 785 feet upstream of Jack Jones Road (State Road 1332) | +2933 | ||
South Fork New River | At the confluence with New River and North Fork New River | +2487 | Unincorporated Areas of Ashe County. |
Approximately 2.3 miles upstream of Kings Creek Road (State Road 1308) | +2524 | ||
South Fork New River Tributary 3 | Approximately 350 feet upstream of the confluence with South Fork New River | +2685 | Unincorporated Areas of Ashe County. |
Approximately 1,200 feet upstream of Claude Mash Road (State Road 1158) | +2844 | ||
South Fork New River Tributary 4 | Approximately 400 feet upstream of the confluence with South Fork New River | +2815 | Unincorporated Areas of Ashe County. |
Approximately 0.8 mile upstream of Lower Nettle Knob Road (State Road 1181) | +2894 | ||
Stagg Creek | Approximately 350 feet upstream of the confluence with North Fork New River | +2702 | Unincorporated Areas of Ashe County. |
Start Printed Page 28634 | |||
Approximately 1.4 miles upstream of Staggs Creek Road (State Road 1342) | +2861 | ||
Three Top Creek | At the confluence with North Fork New River | +2858 | Unincorporated Areas of Ashe County. |
Approximately 1,830 feet upstream of Bald Fork Road | +3273 | ||
West Fork | At the confluence with Pine Swamp Creek | +2862 | Unincorporated Areas of Ashe County. |
Approximately 990 feet upstream of Creekside Drive | +3124 | ||
* National Geodetic Vertical Datum. | |||
+ North American Vertical Datum. | |||
# Depth in feet above ground. | |||
ADDRESSES | |||
Town of Jefferson | |||
Maps are available for inspection at the Jefferson Town Hall, 302 East Main Street, Jefferson, NC 28640. | |||
Town of Lansing | |||
Maps are available for inspection at the Lansing Town Hall, 173 B Street, Lansing, NC 28643. | |||
Town of West Jefferson | |||
Maps are available for inspection at the West Jefferson Town Hall, 1 South Jefferson Avenue, West Jefferson, NC 28694. | |||
Unincorporated Areas of Ashe County | |||
Maps are available for inspection at the Ashe County Building Inspector's Office, 150 Government Circle, Suite 2400, Jefferson, NC 28640. | |||
Grant County, South Dakota, and Incorporated Areas | |||
Docket No.: FEMA-B-1004 | |||
South Fork Whetstone River | Approximately 48 feet upstream of 479th Avenue | +1116 | City of Milbank, Unincorporated Areas of Grant County. |
Approximately 790 feet upstream of North Dakota Street | +1132 | ||
* National Geodetic Vertical Datum. | |||
+ North American Vertical Datum. | |||
# Depth in feet above ground. | |||
ADDRESSES | |||
City of Milbank | |||
Maps are available for inspection at the Milbank City Offices, 1001 East 4th Avenue, Milbank, SD 57252. | |||
Unincorporated Areas of Grant County | |||
Maps are available for inspection at the Grant County Courthouse, 210 East 5th Avenue, Milbank, SD 57252. | |||
Fond Du Lac County, Wisconsin, and Incorporated Areas | |||
Docket No.: FEMA-B-7724 | |||
McDermott Creek | Approximately 0.4 mile downstream of County Highway T | +777 | City of Fond Du Lac, Unincorporated Areas of Fond Du Lac County. |
Approximately 0.4 mile upstream of County Highway T | +808 | ||
Mosher Creek | Approximately 300 feet upstream of U.S. Highway 45 (Lakeshore Drive) | +749 | Village of North Fond Du Lac, Unincorporated Areas of Fond Du Lac County. |
Approximately 200 feet upstream of McKinley Street | +767 | ||
Rush Lake | Approximately 0.6 mile Northwest of the intersection of Island Road and Elbow Road | +823 | Unincorporated Areas of Fond Du Lac County. |
Approximately 0.5 mile Northeast of the intersection of Rich Road and County Highway E | +823 | ||
South Branch, Rock River | Just downstream of Northbound U.S. Highway 151 | +871 | Unincorporated Areas of Fond Du Lac County. |
Just upstream of Southbound U.S. Highway 151 | +871 | ||
Taycheedah Creek | Approximately 0.5 mile downstream of DuCharme Parkway | +754 | City of Fond Du Lac, Unincorporated Areas of Fond Du Lac County. |
Just downstream of state Highway 23 | +768 | ||
* National Geodetic Vertical Datum. | |||
+ North American Vertical Datum. | |||
# Depth in feet above ground. | |||
ADDRESSES | |||
City of Fond Du Lac | |||
Start Printed Page 28635 | |||
Maps are available for inspection at City Hall, 160 South Macy Street, Fond Du Lac, WI 54935-0150. | |||
Unincorporated Areas of Fond Du Lac County | |||
Maps are available for inspection at Fond Du Lac County Courthouse, 160 South Macy Street, Fond Du Lac, WI 54935. | |||
Village of North Fond Du Lac | |||
Maps are available for inspection at the Village Hall, North Fond Du Lac, 16 Garfield Street, North Fond Du Lac, WI 54937-1399. |
(Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”)
Start SignatureDated: June 9, 2009.
Edward L. Connor,
Acting Assistant Administrator, Mitigation Directorate, Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. E9-14276 Filed 6-16-09; 8:45 am]
BILLING CODE 9110-12-P