Final Flood Elevation Determinations

Federal Register, Volume 79 Issue 16 (Friday, January 24, 2014)

Federal Register Volume 79, Number 16 (Friday, January 24, 2014)

Rules and Regulations

Pages 4094-4097

From the Federal Register Online via the Government Printing Office www.gpo.gov

FR Doc No: 2014-01377

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

Docket ID FEMA-2013-0002

Final Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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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 in 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: Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-4064, or (email) Luis.Rodriguez3@fema.dhs.gov.

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 Deputy Associate 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.

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.

Accordingly, 44 CFR Part 67 is amended as follows:

PART 67--AMENDED

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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

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

Page 4095

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* Elevation in

feet (NGVD) +

Elevation in feet

(NAVD) Depth in feet

Flooding source(s) elevation above ground Communities affected

caret Elevation

in meters (MSL)

Modified

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Dearborn County, Indiana, and Incorporated Areas

Docket No.: FEMA-B-1176

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Great Miami River...................... Approximately 0.23 mile +490 City of Greendale,

upstream of the Ohio Unincorporated.

River confluence.

5.07 miles upstream of +490 Areas of Dearborn County.

the Ohio River

confluence.

Ohio River............................. Approximately 0.65 mile +486 City of Aurora, City of

upstream of the Laughery Lawrenceburg,

Creek confluence. Unincorporated Areas of

Dearborn County.

Approximately 1.25 miles +488

upstream of the Tanners

Creek confluence.

Tanners Creek.......................... Approximately 0.46 mile +489 City of Greendale, City

downstream of U.S. Route of Lawrenceburg,

50. Unincorporated Areas of

Dearborn County.

Approximately 2.07 miles +489

upstream of Conrail.

Wilson Creek........................... At the Ohio River +487 City of Aurora,

confluence. Unincorporated Areas of

Dearborn County.

Approximately 0.35 miles +487

upstream of Wilson Creek

Road.

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* National Geodetic Vertical Datum.

+ North American Vertical Datum.

Depth in feet above ground.

caret Mean Sea Level, rounded to the nearest 0.1 meter.

ADDRESSES

City of Aurora

Maps are available for inspection at City Hall, 235 Main Street, Aurora, IN 47001.

City of Greendale

Maps are available for inspection at Utilities Office, 510 Ridge Avenue, Greendale, IN 47025.

City of Lawrenceburg

Maps are available for inspection at Administration Building, 230 Walnut Street, Lawrenceburg, IN 47025.

Unincorporated Areas of Dearborn County

Maps are available for inspection at Dearborn County Administration Building, 215B West High Street,

Lawrenceburg, IN 47025.

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Colfax County, Nebraska, and Incorporated Areas

Docket No.: FEMA-B-1178

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East Fork Maple Creek.................. Approximately 81 feet +1454 Unincorporated Areas of

downstream of State Colfax County.

Highway 91.

Approximately 1,651 feet +1467

upstream of County Road

14.

Platte River........................... Approximately 0.73 miles +1310 Unincorporated Areas of

upstream of County Road Colfax County.

18.

Approximately 2.93 miles +1410

upstream of Wolfe Road.

Shell Creek............................ Approximately 834 feet +1332 Unincorporated Areas of

upstream of County Road Colfax County.

D.

Approximately 1.9 miles +1446

upstream of County Road

2.

Shell Creek (Right Overbank)........... Approximately 0.76 miles +1348 City of Schuyler,

downstream of County Unincorporated Areas of

Road E. Colfax County.

Approximately 1.5 miles +1361

upstream of U.S. Route

30.

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* National Geodetic Vertical Datum.

+ North American Vertical Datum.

Depth in feet above ground.

caret Mean Lower Low Water.

ADDRESSES

City of Schuyler

Maps are available for inspection at the City Office, 1103 B Street, Schuyler, NE 68661.

Unincorporated Areas of Colfax County

Maps are available for inspection at the County Courthouse, 411 East 11th Street, Schuyler, NE 68661.

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Page 4096

Smith County, Texas, and Incorporated Areas

Docket No.: FEMA-B-1213

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Black Fork Creek....................... Approximatey 0.43 mile +380 City of Tyler,

upstream of the Prairie Unincorporated Areas of

Creek West confluence. Smith County.

Approximately 0.71 mile +531

upstream of East 5th

Street.

Black Fork Creek Tributary BF-1........ At the Black Fork Creek +436 City of Tyler,

confluence. Unincorporated Areas of

Smith County.

Approximately 1.2 miles +476

upstream of Loop 323.

Black Fork Creek Tributary BF-M-1...... At the Black Fork Creek +496 City of Tyler.

confluence.

Approximately 1,475 feet +523

upstream of Devine

Street.

Black Fork Creek Tributary D........... At the Black Fork Creek +469 City of Tyler.

confluence.

Approximately 1,180 feet +508

upstream of East Front

Street.

Black Fork Creek Tributary D-1......... At the Black Fork Creek +473 City of Tyler.

Tributary D confluence.

Approximately 1,770 feet +479

upstream of the Black

Fork Creek Tributary D

confluence.

Black Fork Creek Tributary D-2......... At the Black Fork Creek +487 City of Tyler.

Tributary D confluence.

Approximately 1,053 feet +490

upstream of Townsend

Avenue.

Black Fork Creek Tributary D-3......... At the Black Fork Creek +488 City of Tyler.

Tributary D confluence.

At Elm Street............ +491

Butler Creek........................... Approximately 340 feet +361 City of Tyler,

upstream of Farm to Unincorporated Areas of

Market 2661. Smith County.

Approximately 640 feet +457

upstream of State Route

155.

Gilley Creek........................... Approximately 310 feet +379 City of Tyler,

downstream of Farm to Unincorporated Areas of

Market 848. Smith County.

Approximately 150 feet +474

upstream of University

Boulevard.

Gilley Creek Tributary G-1............. At the Gilley Creek +426 City of Tyler,

confluence. Unincorporated Areas of

Smith County.

Approximately 1.14 miles +478

upstream of County Road

2120.

Harris Creek........................... Approximately 300 feet +329 Unincorporated Areas of

upstream of the Ray Smith County.

Creek confluence.

Approximately 2.16 miles +463

upstream of Farm to

Market 850.

Henshaw Creek.......................... At the West Mud Creek +383 Unincorporated Areas of

confluence. Smith County.

Approximately 0.71 mile +477

upstream of County Road

165.

Indian Creek........................... Approximately 490 feet +349 City of Tyler,

upstream of the Lake Unincorporated Areas of

Palestine confluence. Smith County.

Approximately 1,950 feet +473

upstream of Loop 323.

Ray Creek.............................. Approximately 0.37 mile +332 Unincorporated Areas of

upstream of the Harris Smith County.

Creek confluence.

Approximately 525 feet +436

upstream of Old

Gladwater Highway.

Shackleford Creek...................... At the West Mud Creek +383 City of Tyler,

confluence. Unincorporated Areas of

Smith County.

Approximately 620 feet +481

upstream of Paluxy Drive

(Farm to Market 756).

West Mud Creek......................... Approximately 200 feet +361 City of Tyler,

upstream of Farm to Unincorporated Areas of

Market 344 East. Smith County.

Approximately 1,300 feet +496

upstream of Easy Street.

West Mud Creek Tributary 11............ At the West Mud Creek +419 City of Tyler.

confluence.

Approximately 400 feet +462

upstream of Holly Creek

Drive.

West Mud Creek Tributary B............. Approximately 125 feet +467 City of Tyler.

upstream of the West Mud

Creek confluence.

Approximately 125 feet +504

upstream of Paluxy Drive.

West Mud Creek Tributary M-1........... At the West Mud Creek +444 City of Tyler.

Tributary M-A confluence.

Approximately 1,440 feet +485

upstream of Cross Creek

Circle.

West Mud Creek Tributary M-2........... Approximately 425 feet +463 City of Tyler.

upstream of the West Mud

Creek confluence.

Approximately 1,510 feet +469

upstream of Barbee Drive.

West Mud Creek Tributary M-A........... Approximately 200 feet +444 City of Tyler.

upstream of the West Mud

Creek confluence.

Approximately 80 feet +509

upstream of Woodland

Hills Drive.

West Mud Creek Tributary M-A.1......... At the West Mud Creek +471 City of Tyler.

Tributary M-A confluence.

Approximately 680 feet +485

upstream of Rice Road.

Page 4097

West Mud Creek Tributary M-A.2......... At the West Mud Creek +487 City of Tyler.

Tributary M-A confluence.

Approximately 830 feet +493

upstream of the West Mud

Creek Tributary M-A

confluence.

West Mud Creek Tributary M-C........... Approximately 450 feet +477 City of Tyler.

upstream of the West Mud

Creek confluence.

Approximately 50 feet +530

upstream of Old

Jacksonville Highway.

West Mud Creek Tributary M-C.1......... Approximately 160 feet +488 City of Tyler.

upstream of the West Mud

Creek Tributary M-C

confluence.

Approximately 1,010 feet +491

upstream of New Copeland

Road.

West Mud Creek Tributary M-C.2......... At the West Mud Creek +502 City of Tyler.

Tributary M-C confluence.

Approximately 1,000 feet +511

upstream of Old Bullard

Road.

Wiggins Creek.......................... At the downstream side of +327 Unincorporated Areas of

the railroad. Smith County.

Approximately 0.83 mile +373

upstream of Harris Creek

Church Road.

Willow Creek........................... At the Black Fork Creek +423 City of Tyler,

confluence. Unincorporated Areas of

Smith County.

Approximately 1.48 miles +480

upstream of Loop 323

North-Northwest.

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* National Geodetic Vertical Datum.

+ North American Vertical Datum.

Depth in feet above ground.

caret Mean Sea Level, rounded to the nearest 0.1 meter.

ADDRESSES

City of Tyler

Maps are available for inspection at the Development Services Office, 423 West Ferguson Street, Tyler, TX 75702.

Unincorporated Areas of Smith County

Maps are available for inspection at the Smith County Courthouse, 100 North Broadway Avenue, Tyler, TX 75702.

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

Dated: December 18, 2013.

Roy E. Wright,

Deputy Associate Administrator for Mitigation, Department of Homeland Security, Federal Emergency Management Agency.

FR Doc. 2014-01377 Filed 1-23-14; 8:45 am

BILLING CODE 9110-12-P

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