Final Flood Elevation Determinations

Federal Register: November 5, 2008 (Volume 73, Number 215)

Rules and Regulations

Page 65778-65782

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr05no08-10

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency 44 CFR Part 67

Final Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

SUMMARY: Base (1% annual chance) Flood Elevations (BFEs) and modified

BFEs are made final for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that each community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).

DATES: The date of issuance of the Flood Insurance Rate Map (FIRM) showing BFEs and modified BFEs for each community. This date may be obtained by contacting the office where the maps are available for inspection as indicated on the table below.

ADDRESSES: The final BFEs for each community are available for inspection at the office of the Chief Executive Officer of each community. The respective addresses are listed in the table below.

FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Engineering

Management Branch, Mitigation Directorate, Federal Emergency Management

Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-3151.

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

Page 65779

selected locations in each community are shown.

National Environmental Policy Act. This final rule is categorically excluded from the requirements of 44 CFR part 10, Environmental

Consideration. An environmental impact assessment has not been prepared.

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

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

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

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

List of Subjects in 44 CFR Part 67

Administrative practice and procedure, Flood insurance, Reporting and recordkeeping requirements. 0

Accordingly, 44 CFR part 67 is amended as follows:

PART 67--[AMENDED] 0 1. The authority citation for part 67 continues to read as follows:

Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376.

Sec. 67.11 [Amended] 0 2. The tables published under the authority of Sec. 67.11 are amended as follows:

*Elevation in feet (NGVD)

+Elevation in

State

City/town/county

Source of flooding

Location

feet (NAVD)

Depth in feet above ground

Modified

City of Sturgis, South Dakota

FEMA Docket No.: B-7749

South Dakota................. City of Sturgis. Bear Butte Creek................ At eastern corporate limits.......................

*3339

Approximately 3,400 feet upstream of DM&E railroad

*3566

South Dakota................. City of Sturgis. Cook Canyon..................... Just downstream of DM&E railroad..................

*3446

Just downstream of Interstate 90..................

*3480

South Dakota................. City of Sturgis. Deadman Gulch................... Approximately 200 feet downstream of Interstate 90

*3528

At Elk Road.......................................

*3600

South Dakota................. City of Sturgis. Dolan Creek..................... At confluence with Bear Butte Creek...............

*3378

Approximately 200 feet upstream of Dolan Creek

*3570

Road.

South Dakota................. City of Sturgis. East Vanocker Creek............. At confluence with Vanocker Creek, downstream of

*3529

Otter Road.

Just downstream of DM&E railroad..................

*3554

South Dakota................. City of Sturgis. South Dolan Creek............... At confluence with Dolan Creek just upstream of

*3503

Interstate 90.

At southern corporate limits......................

*3570

South Dakota................. City of Sturgis. Vanocker Creek.................. At confluence with Vanocker Creek.................

*3458

At Vanocker Road..................................

*3595

South Dakota................. City of Sturgis. West Vanocker Creek............. At confluence with Vanocker Creek, just upstream

*3540 of DM&E railroad.

Just downstream of Pineview Drive.................

*3590

* National Geodetic Vertical Datum.

+ North American Vertical Datum.

Depth in feet above ground.

ADDRESSES

City of Sturgis

Maps are available for inspection at 1040 Second Street, Suite 102, Sturgis, SD 57785.

Village of Maple Bluff, Wisconsin

FEMA Docket No.: B-7790

Wisconsin.................... Village of Maple Lake Mendota.................... Entire Shoreline..................................

+853

Bluff.

* National Geodetic Vertical Datum.

+ North American Vertical Datum.

Depth in feet above ground.

ADDRESSES

Village of Maple Bluff

Maps are available for inspection at 18 Oxford Place, Madison, WI 53704.

Page 65780

*Elevation in feet(NGVD)

+Elevation in

Flooding source(s)

Location of referenced

feet(NAVD)

Communities affected elevation

Depth in feet above ground

Modified

Tulare County, California, and Incorporated Areas

FEMA Docket No.: B-7763

Kaweah River........................... At Mill Creek/Packwood

+363 Unincorporated Areas of

Creek Split.

Tulare County.

At downstream side of

+390

Southern Pacific

Railroad.

Shallow Flooding (extensive area

Approximately 1,000 feet

+282 Unincorporated Areas of covering 19 map panels).

southeast of

Tulare County, City of intersection of State

Farmersville, City of

Highway 99 and Goshen

Visalia.

Avenue.

Approximately 350 feet

+391 southwest of intersection of Lort

Drive and Railroad.

St. Johns River........................ Approximately 0.5 mile

+317 Unincorporated Areas of upstream of Avenue 328

Tulare County, City of

Bridge.

Visalia.

Approximately 220 feet

+378 downstream of Southern

Pacific Railroad.

* National Geodetic Vertical Datum.

+ North American Vertical Datum.

Depth in feet above ground.

ADDRESSES

City of Farmersville

Maps are available for inspection at Farmersville City Hall, 909 West Visalia Road, Farmersville, CA.

City of Visalia

Maps are available for inspection at Visalia City Hall East, 315 East Acequia, Visalia, CA.

Unincorporated Areas of Tulare County

Maps are available for inspection at Tulare County Resource Management Agency, 5961 South Mooney Boulevard,

Visalia, CA.

Crawford County, Kansas, and Incorporated Areas

FEMA Docket No.: 7770

Cow Creek.............................. Approximately 0.34 mile

+878 Unincorporated Areas of downstream of South

Crawford County, City of

Broadway.

Pittsburg.

Confluence of Second Cow

+891

Creek.

East Fork of Taylor Branch............. Approximately 0.35 mile

+899 Unincorporated Areas of downstream of East 4th

Crawford County, City of

Street.

Pittsburg.

At East Atkinson Avenue..

+930

First Cow Creek........................ Confluence with Second

+891 Unincorporated Areas of

Cow Creek.

Crawford County, City of

Pittsburg.

Approximately 53 feet

+908 upstream of West 20th

Street.

Taylor Branch.......................... Confluence with East Fork

+897 City of Pittsburg.

Taylor Branch.

Approximately 0.36 mile

+934 upstream of East 10th

Street.

* National Geodetic Vertical Datum.

+ North American Vertical Datum.

Depth in feet above ground.

ADDRESSES

City of Pittsburg

Maps are available for inspection at 201 West 4th Street, Pittsburg, KS 66762.

Unincorporated Areas of Crawford County

Maps are available for inspection at 111 East Forest, Suite M, Girard, KS 66743.

Daviess County, Kentucky, and Incorporated Areas

FEMA Docket No.: B-7748

Gilles Ditch........................... Just upstream Audubon

+399 City of Owensboro,

Parkway.

Unincorporated Areas of

Daviess County.

Approximately 2600 feet

+415 upstream U.S. 60.

Goetz Ditch............................ Approximately 100 feet

+397 City of Owensboro, upstream South Griffith

Unincorporated Areas of

Avenue.

Daviess County.

Approximately 150 feet

+397 downstream South

Griffith Avenue.

Page 65781

Horse Fork............................. Approximately 1500 feet

+394 City of Owensboro, upstream Wendell Ford

Unincorporated Areas of

Expressway..

Daviess County.

Approximately 120 feet

+418 downstream of KY-54.

Ohio River............................. At the western county

+383 City of Owensboro, boundary (Approximately

Unincorporated Areas of 11000 feet downstream

Daviess County.

Crane Pond Slough).

At confluence with

+393

Blackford Creek.

Persimmon Ditch........................ Just upstream Ewing Road.

+389 City of Owensboro,

Unincorporated Areas of

Daviess County.

Just downstream U.S. 60..

+401

Scherm Ditch........................... Just upstream Lewis Lane.

+399 City of Owensboro,

Unincorporated Areas of

Daviess County.

Approximately 1100 feet

+400 upstream South Griffith

Avenue.

Yellow Creek........................... Just upstream KY-144.....

+392 City of Owensboro,

Unincorporated Areas of

Daviess County.

Approximately 520 feet

+408 upstream Wendell Ford

Expressway.

* National Geodetic Vertical Datum.

+ North American Vertical Datum.

Depth in feet above ground.

ADDRESSES

City of Owensboro

Maps are available for inspection at PO Box 732, 200 East 3rd Street, Owensboro, KY 42302-0732.

Unincorporated Areas of Daviess County

Maps are available for inspection at PO Box 732, 200 East 3rd Street, Owensboro, KY 42302-0732.

Lea County, New Mexico, and Incorporated Areas

FEMA Docket No.: B-7790

Main Street Ditch...................... Approximately 270 feet

+3887 Unincorporated Areas of downstream of S.

Lea County.

Industrial Rd..

Approximately 2050 feet

+3893 upstream of S.

Industrial Road.

Railroad Ditch......................... Intersection of S. Main

+3880 Unincorporated Areas of

Street and E. Gilmore

Lea County.

Road.

Intersection of R Avenue

+3911 and 9th Street.

Stream 2............................... Intersection with Dal

+3637 Unincorporated Areas of

Paso Street.

Lea County.

Approximately 2650 feet

+3643 upstream of Dal Paso St.

(City of Hobbs limits).

Stream 3............................... Intersection with N. Dal

+3655 Unincorporated Areas of

Paso St..

Lea County.

Approximately 2850 feet

+3674 upstream of N. Rolling

Meadows Dr..

* National Geodetic Vertical Datum.

+ North American Vertical Datum.

Depth in feet above ground.

ADDRESSES

Unincorporated Areas of Lea County

Maps are available for inspection at 100 North Main, Lovington, NM 88260.

Waukesha County, Wisconsin, and Incorporated Areas

FEMA Docket No.: B-7790

Lake Nagawicka......................... Entire Shoreline.........

*893 Village of Nashotah.

North Lake............................. Entire Shoreline.........

*900 Village of Chenequa.

* National Geodetic Vertical Datum.

+ North American Vertical Datum.

Depth in feet above ground.

ADDRESSES

Village of Chenequa

Maps are available for inspection at 31275 W. Hwy K, Chenequa, WI 53029.

Page 65782

Village of Nashotah

Maps are available for inspection at N44 W32950 Watertown Plank Rd, Nashotah, WI 53058-0123.

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

Insurance.'')

Dated: October 24, 2008.

Michael K. Buckley,

Acting Assistant Administrator, Mitigation Directorate, Department of

Homeland Security, Federal Emergency Management Agency.

FR Doc. E8-26293 Filed 11-4-08; 8:45 am

BILLING CODE 9110-12-P

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