Final Flood Elevation Determinations
Federal Register: June 17, 2009 (Volume 74, Number 115)
Rules and Regulations
Page 28629-28635
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DOCID:fr17jn09-13
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: 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 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:
Page 28630
* Elevation in feet (NGVD) +
Elevation in feet
Flooding source(s)
Location of referenced (NAVD) Communities affected elevation
Depth in feet above ground
Modified
Ashe County, North Carolina, and Incorporated Areas
Docket No.: FEMA-B-1010
Bear Creek............................. Approximately 600 feet
+2677 Unincorporated Areas of upstream of the
Ashe County. confluence with South
Fork New River.
Approximately 1.8 miles
+2826 upstream of NC 16
Highway.
Beaver Creek........................... Approximately 1,500 feet
+2872 Unincorporated Areas of downstream of Mash
Ashe County, Town of
Stuart Road (State Road
West Jefferson. 1199).
Approximately 350 feet
+3120 upstream of Earl Ray
Road (State Road 1144).
Big Horse Creek........................ Approximately 550 feet
+2645 Unincorporated Areas of upstream of the
Ashe County, Town of confluence with North
Lansing.
Fork New River.
Approximately 0.6 mile
+3642 upstream of Farmers
Store Road (State Road 1360).
Big Laurel Creek....................... At the confluence with
+2814 Unincorporated Areas of
North Fork New River.
Ashe County.
Approximately 40 feet
+3232 downstream of Denny Road
(State Road 1326).
Big Windfall Branch.................... At the confluence with
+2707 Unincorporated Areas of
Big Horse Creek.
Ashe County.
Approximately 300 feet
+3039 downstream of Big
Windfall Road (State
Road 1353).
Brush Fork............................. Approximately 500 feet
+3029 Unincorporated Areas of upstream of the
Ashe County. confluence with North
Fork New River.
Approximately 75 feet
+3155 upstream of West Brushy
Fork Road (State Road 1302).
Buffalo Creek.......................... At the second crossing of
+2687 Unincorporated Areas of
Warrensville Drive
Ashe County.
(State Road 1507).
Approximately 0.7 mile
+3046 upstream of Perry Road.
Cabbage Creek.......................... Approximately 100 feet
+2897 Unincorporated Areas of upstream of the
Ashe County. confluence with North
Fork New River.
Approximately 360 feet
+2963 upstream of Cabbage
Creek Road (State Road 1307).
Cabbage Creek Tributary................ At the confluence with
+2942 Unincorporated Areas of
Cabbage Creek.
Ashe County.
Approximately 1,500 feet
+2959 upstream of the confluence with Cabbage
Creek.
Call Creek............................. At the confluence with
+2888 Unincorporated Areas of
Old Field Creek.
Ashe County.
Approximately 200 feet
+3055 downstream of East Mill
Creek Road (State Road 1112).
Cole Branch............................ Approximately 1.1 miles
+3045 Town of West Jefferson. upstream of the confluence with Beaver
Creek.
Approximately 1.2 miles
+3071 upstream of the confluence with Beaver
Creek.
Cranberry Creek........................ Approximately 950 feet
+2565 Unincorporated Areas of upstream of the
Ashe County. confluence with South
Fork New River.
Approximately 1.2 miles
+2743 upstream of NC 88
Highway E.
Cranberry Creek West................... Approximately 630 feet
+2899 Unincorporated Areas of upstream of the
Ashe County. confluence with South
Fork New River.
Approximately 1,000 feet
+3029 upstream of Cranberry
Springs Road (State Road 1100).
East Fork.............................. At the confluence with
+2910 Unincorporated Areas of
Pine Swamp Creek.
Ashe County.
Approximately 0.8 mile
+3057 upstream of Idlewild
Road (State Road 1003).
Elk Creek (into South Fork New River).. Approximately 150 feet
+2955 Unincorporated Areas of upstream of the
Ashe County. confluence with South
Fork New River.
Approximately 1.3 miles
+3071 upstream of Preacher
Blackburn Road (State
Road 1117).
Ezra Fork Creek........................ Approximately 1,560 feet
+2818 Unincorporated Areas of upstream of U.S. Highway
Ashe County. 221.
Approximately 0.5 mile
+2838 upstream of Highway U.S. 221.
Fees Branch............................ At the confluence with
+2890 Unincorporated Areas of
Helton Creek.
Ashe County.
Page 28631
Approximately 500 feet
+2948 upstream of Fees Branch
Road (State Road 1372).
Gap Creek.............................. Approximately 1,700 feet
+2863 Unincorporated Areas of upstream of the
Ashe County. confluence with South
Fork New River.
The Ashe/Watauga County
+2952 boundary.
Grassy Creek........................... At the confluence with
+2483 Unincorporated Areas of
New River.
Ashe County.
Approximately 1.1 miles
+2679 upstream of Old NC 16
Highway (State Road 1573).
Greer Branch........................... At the confluence with
+2905 Unincorporated Areas of
South Fork Little Horse
Ashe County.
Creek.
Approximately 0.6 mile
+3037 upstream of Greer Hollow
Road (State Road 1333).
Helton Creek........................... Approximately 1,200 feet
+2556 Unincorporated Areas of upstream of the
Ashe County. confluence with North
Fork New River.
Approximately 0.9 mile
+2962 upstream of Fees Branch
Road (State Road 1372).
Helton Creek Tributary 1............... At the confluence with
+2777 Unincorporated Areas of
Helton Creek.
Ashe County.
Approximately 0.5 mile
+2864 upstream of the confluence of Helton
Creek Tributary 1A.
Helton Creek Tributary 1A.............. At the confluence with
+2816 Unincorporated Areas of
Helton Creek Tributary 1.
Ashe County.
Approximately 1,320 feet
+2848 upstream of Spencer
Branch Road (State Road 1373).
Jerd Branch............................ At the confluence with
+2805 Unincorporated Areas of
Helton Creek.
Ashe County.
Approximately 1,093 feet
+2884 upstream of NC Highway 194.
Jones Branch........................... At the confluence with
+2723 Unincorporated Areas of
Little Helton Creek.
Ashe County.
At the Virginia/North
+2758
Carolina state boundary.
Little Buffalo Creek................... At the confluence with
+2782 Unincorporated Areas of
Buffalo Creek.
Ashe County, Town of
West Jefferson.
Approximately 0.8 mile
+2981 upstream of the confluence with Buffalo
Creek.
Little Buffalo Creek Tributary 1....... At the confluence with
+2921 Unincorporated Areas of
Little Buffalo Creek.
Ashe County, Town of
West Jefferson.
Approximately 170 feet
+2968 downstream of South Main
Street.
Little Helton Creek.................... At the confluence with
+2636 Unincorporated Areas of
Helton Creek.
Ashe County.
Approximately 200 feet
+2757 upstream of the Virginia/
North Carolina state boundary.
Little Helton Creek Tributary 1........ At the confluence with
+2691 Unincorporated Areas of
Little Helton Creek.
Ashe County.
Approximately 0.6 mile
+2750 upstream of the confluence with Little
Helton Creek.
Little Helton Creek Tributary 2........ At the confluence with
+2751 Unincorporated Areas of
Little Helton Creek.
Ashe County.
Approximately 0.4 mile
+2798 upstream of the confluence with Little
Helton Creek.
Little Horse Creek..................... At the confluence with
+2665 Unincorporated Areas of
Big Horse Creek.
Ashe County.
Approximately 1.1 miles
+3033 upstream of Little Horse
Creek Road (State Road 1324).
Little Laurel Creek.................... At the confluence with
+2843 Unincorporated Areas of
Big Laurel Creek.
Ashe County.
Approximately 880 feet
+3323 upstream of Little
Laurel Road (State Road 1310).
Little Naked Creek..................... At the confluence with
+2686 Unincorporated Areas of
Naked Creek.
Ashe County.
Approximately 1,490 feet
+2712 upstream of East Landing
Drive.
Little Peak Creek...................... At the confluence with
+2608 Unincorporated Areas of
Peak Creek.
Ashe County.
Approximately 0.5 mile
+2690 upstream of Little Peak
Creek Road.
Page 28632
Little Phoenix Creek................... Approximately 250 feet
+2604 Unincorporated Areas of upstream of the
Ashe County. confluence with North
Fork New River.
Approximately 0.9 mile
+2836 upstream of the confluence of Little
Phoenix Creek Tributary.
Little Phoenix Creek Tributary......... At the confluence with
+2727 Unincorporated Areas of
Little Phoenix Creek.
Ashe County.
Approximately 0.4 mile
+2871 upstream of Old NC
Highway 16 (State Road 1573).
Little Piney Creek..................... At the confluence with
+2634 Unincorporated Areas of
Piney Creek.
Ashe County.
Approximately 1,210 feet
+2679 upstream of Piney Creek
Road (State Road 1517).
Long Branch............................ At the confluence with
+2643 Unincorporated Areas of
Little Helton Creek.
Ashe County.
Approximately 0.4 mile
+2715 upstream of Jim Duvall
Road (State Road 1528).
Long Branch South...................... At the confluence with
+2577 Unincorporated Areas of
North Fork New River.
Ashe County.
Approximately 500 feet
+2648 upstream of Shatley
Springs Road (State Road 1574).
Middle Fork Little Horse Creek......... At the confluence with
+2936 Unincorporated Areas of
Little Horse Creek.
Ashe County.
Approximately 0.9 mile
+3082 upstream of East Big
Springs Road (State Road 1319).
Middle Fork Little Horse Creek
At the confluence with
+2995 Unincorporated Areas of
Tributary.
Middle Fork Little Horse
Ashe County.
Creek.
Approximately 0.4 mile
+3049 upstream of the confluence with Middle
Fork Little Horse Creek.
Mill Creek............................. Approximately 300 feet
+2738 Unincorporated Areas of upstream of the
Ashe County. confluence with North
Fork New River.
Approximately 1.7 miles
+2935 upstream of West Mill
Creek Road (State Road 1340).
Mill Creek (South)..................... Approximately 450 feet
+2906 Unincorporated Areas of upstream of the
Ashe County. confluence with South
Fork New River.
Approximately 365 feet
+3051 upstream of Mill Creek
Road (State Road 1109).
Naked Creek............................ Approximately 0.5 mile
+2665 Unincorporated Areas of upstream of the
Ashe County, Town of confluence with South
Jefferson.
Fork New River.
Approximately 400 feet
+2920 upstream of South Main
Street.
Naked Creek Tributary 2................ At the confluence with
+2908 Town of Jefferson.
Naked Creek.
Approximately 1,190 feet
+2940 upstream of West Main
Street.
Nathans Creek.......................... Approximately 250 feet
+2579 Unincorporated Areas of upstream of the
Ashe County. confluence with South
Fork New River.
Approximately 550 feet
+2718 upstream of U.S. 221
Highway.
New River.............................. Approximately 500 feet
+2480 Unincorporated Areas of downstream of the Ashe/
Ashe County.
Alleghany County boundary.
At the confluence of the
+2487
North Fork New River and
South Fork New River.
North Fork New River................... At the confluence with
+2487 Unincorporated Areas of
New River and South Fork
Ashe County.
New River.
Approximately 50 feet
+3023 downstream of West Peak
Road (State Road 1119).
North Fork New River Tributary 1....... At the confluence with
+2503 Unincorporated Areas of
North Fork New River.
Ashe County.
Approximately 0.4 mile
+2557 upstream of the confluence with North
Fork New River.
Obids Creek............................ Approximately 350 feet
+2718 Unincorporated Areas of upstream of the
Ashe County. confluence with South
Fork New River.
Approximately 250 feet
+2874 upstream of Idlewild
Road (State Road 1003).
Old Field Branch....................... At the confluence with
+2660 Unincorporated Areas of
Big Horse Creek.
Ashe County, Town of
Lansing.
Approximately 0.5 mile
+2853 upstream of Glenn King
Road (State Road 1519).
Old Field Creek........................ Approximately 1,400 feet
+2874 Unincorporated Areas of upstream of the
Ashe County. confluence with South
Fork New River.
Page 28633
Approximately 0.7 mile
+3048 upstream of Mulatto
Mountain Road (State
Road 1145).
Old Field Creek (North)................ Approximately 300 feet
+2566 Unincorporated Areas of upstream of the
Ashe County. confluence with North
Fork New River.
Approximately 0.5 mile
+2693 upstream of the confluence with North
Fork New River.
Peak Creek............................. Approximately 1,500 feet
+2604 Unincorporated Areas of upstream of the
Ashe County. confluence with South
Fork New River.
Approximately 1.2 miles
+2866 upstream of NC Highway 88.
Pine Swamp Creek....................... Approximately 850 feet
+2837 Unincorporated Areas of upstream of the
Ashe County. confluence with South
Fork New River.
Approximately 0.7 mile
+3010 upstream of Idlewild
Road (State Road 1003).
Piney Creek............................ Approximately 250 feet
+2624 Unincorporated Areas of upstream of the
Ashe County. confluence with North
Fork New River.
Approximately 150 feet
+2685 upstream of Piney Creek
Road (State Road 1517).
Rich Hill Creek........................ At the confluence with
+2799 Unincorporated Areas of
North Fork New River.
Ashe County.
Approximately 1.1 miles
+2920 upstream of NC Highway 88.
Roan Creek............................. Approximately 650 feet
+2666 Unincorporated Areas of upstream of the
Ashe County. confluence with South
Fork New River.
Approximately 340 feet
+2919 upstream of Earl Sheets
Road (State Road 1625).
Roaring Fork........................... At the confluence with
+2917 Unincorporated Areas of
Big Laurel Creek.
Ashe County.
Approximately 0.4 mile
+3078 upstream of Roaring Fork
Road (State Road 1320).
Rock Creek............................. Approximately 120 feet
+2942 Unincorporated Areas of upstream of NC Highway
Ashe County. 88.
Approximately 1.4 miles
+3125 upstream of NC 88
Highway.
Shippy Branch.......................... At the confluence with
+2730 Unincorporated Areas of
Little Helton Creek.
Ashe County.
At the Virginia/North
+2774
Carolina state boundary.
Silas Creek............................ At the confluence with
+2583 Unincorporated Areas of
North Fork New River.
Ashe County.
Approximately 1.0 mile
+2795 upstream of the confluence of Silas
Creek Tributary 2.
Silas Creek Tributary 1................ At the confluence with
+2691 Unincorporated Areas of
Silas Creek.
Ashe County.
Approximately 1,376 feet
+2782 upstream of the confluence with Silas
Creek.
Silas Creek Tributary 2................ At the confluence with
+2709 Unincorporated Areas of
Silas Creek.
Ashe County.
Approximately 1,516 feet
+2805 upstream of the confluence with Silas
Creek.
South Beaver Creek..................... Approximately 400 feet
+2792 Unincorporated Areas of upstream of the
Ashe County. confluence with Beaver
Creek.
Approximately 1,800 feet
+2941 upstream of Lakeside
Drive.
South Fork Little Horse Creek.......... At the confluence with
+2769 Unincorporated Areas of
Little Horse Creek.
Ashe County.
Approximately 785 feet
+2933 upstream of Jack Jones
Road (State Road 1332).
South Fork New River................... At the confluence with
+2487 Unincorporated Areas of
New River and North Fork
Ashe County.
New River.
Approximately 2.3 miles
+2524 upstream of Kings Creek
Road (State Road 1308).
South Fork New River Tributary 3....... Approximately 350 feet
+2685 Unincorporated Areas of upstream of the
Ashe County. confluence with South
Fork New River.
Approximately 1,200 feet
+2844 upstream of Claude Mash
Road (State Road 1158).
South Fork New River Tributary 4....... Approximately 400 feet
+2815 Unincorporated Areas of upstream of the
Ashe County. confluence with South
Fork New River.
Approximately 0.8 mile
+2894 upstream of Lower Nettle
Knob Road (State Road 1181).
Stagg Creek............................ Approximately 350 feet
+2702 Unincorporated Areas of upstream of the
Ashe County. confluence with North
Fork New River.
Page 28634
Approximately 1.4 miles
+2861 upstream of Staggs Creek
Road (State Road 1342).
Three Top Creek........................ At the confluence with
+2858 Unincorporated Areas of
North Fork New River.
Ashe County.
Approximately 1,830 feet
+3273 upstream of Bald Fork
Road.
West Fork.............................. At the confluence with
+2862 Unincorporated Areas of
Pine Swamp Creek.
Ashe County.
Approximately 990 feet
+3124 upstream of Creekside
Drive.
* 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
+1116 City of Milbank, upstream of 479th Avenue.
Unincorporated Areas of
Grant County.
Approximately 790 feet
+1132 upstream of North Dakota
Street.
* 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
+777 City of Fond Du Lac, downstream of County
Unincorporated Areas of
Highway T.
Fond Du Lac County.
Approximately 0.4 mile
+808 upstream of County
Highway T.
Mosher Creek........................... Approximately 300 feet
+749 Village of North Fond Du upstream of U.S. Highway
Lac, Unincorporated 45 (Lakeshore Drive).
Areas of Fond Du Lac
County.
Approximately 200 feet
+767 upstream of McKinley
Street.
Rush Lake.............................. Approximately 0.6 mile
+823 Unincorporated Areas of
Northwest of the
Fond Du Lac County. intersection of Island
Road and Elbow Road.
Approximately 0.5 mile
+823
Northeast of the intersection of Rich
Road and County Highway
E.
South Branch, Rock River............... Just downstream of
+871 Unincorporated Areas of
Northbound U.S. Highway
Fond Du Lac County. 151.
Just upstream of
+871
Southbound U.S. Highway 151.
Taycheedah Creek....................... Approximately 0.5 mile
+754 City of Fond Du Lac, downstream of DuCharme
Unincorporated Areas of
Parkway.
Fond Du Lac County.
Just downstream of state
+768
Highway 23.
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
ADDRESSES
City of Fond Du Lac
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.'')
Dated: 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
