Final Flood Elevation Determinations

Federal Register: July 13, 2009 (Volume 74, Number 132)

Rules and Regulations

Page 33368-33372

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

DOCID:fr13jy09-8

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 Section, 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 Mitigation Division Director of

FEMA 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:

Depth in feet above ground. *

State

City/town/county

Source of flooding

Location

Elevation in feet

(NGVD) +

Elevation in feet

(NAVD) Modified

Town of North Canaan, Connecticut

Docket No.: FEMA-B-7472

Connecticut

Town of North

Blackberry River................ Approximately 700 feet downstream of Route 44.....

+656

Canaan.

Approximately 1,050 feet upstream of Route 7......

+672

Depth in feet above ground.

* National Geodetic Vertical Datum.

+ North American Vertical Datum.

ADDRESSES

Maps are available for inspection at Town Hall, 100 Pease Street, Canaan, Connecticut 06018.

Page 33369

* Elevation in feet (NGVD)

+Elevation in

State

City/town/county

Source of flooding

Location

feet (NAVD)

Depth in feet above ground Modified

Town of Van Buren, Maine

Docket No.: FEMA-B-7708

Maine........................ Town of Van

Violette Brook.................. At confluence of Violette Stream..................

+468

Buren.

Just upstream of Castonguay Road..................

+530

Approximately 2,500 feet upstream of private road

+608 at the Corporate Limits.

Maine........................ Town of Van

Violette Stream................. At Bangor and Aroostook Railroad..................

+451

Buren.

At confluence of Violette Brook...................

+468

Approximately 1,000 feet upstream of Champlain

+483

Street.

* National Geodetic Vertical Datum.

+ North American Vertical Datum.

Depth in feet above ground.

ADDRESSES

Town of Van Buren

Maps are available for inspection at 51 Main Street, Suite 101, Van Buren, ME 04785.

* Elevation in feet (NGVD) +

Elevation in feet

Flooding source(s)

Location of referenced (NAVD) Communities affected elevation

Depth in feet above ground

Modified

Village of Cambridge, New York

Docket No.: FEMA-B-7711

Cambridge Creek........................ Confluence with Owl Kill.

+477 Village of Cambridge.

Approximately 3,000 feet

+508 upstream of State Route 372.

Owl Kill............................... Approximately 850 feet

+466 Village of Cambridge. upstream of County Route 71.

Approximately 1,000 feet

+493 upstream of N. Park

Street.

White Creek............................ Corporate limits of

+493 Village of Cambridge.

Village of Cambridge.

Approximately 150 feet

+523 downstream of corporate limits of Village of

Cambridge.

* National Geodetic Vertical Datum.

+ North American Vertical Datum.

Depth in feet above ground.

ADDRESSES

Village of Cambridge

Maps are available for inspection at 23 West Main Street, Cambridge, NY 12819.

Grand County, Colorado and Incorporated Areas

Docket No.: FEMA-B-7705

Fraser River........................... Approximately 1,700 ft

+8550 Town of Fraser, Grand upstream of the

County, (Unincorporated intersection with State

Areas).

Highway 8.

Approximately 2,445 ft

+8628 ......................... downstream of the confluence with Leland

Creek.

* National Geodetic Vertical Datum.

+ North American Vertical Datum.

Depth in feet above ground.

ADDRESSES

Town of Fraser

Maps are available for inspection at 153 Fraser Avenue, Fraser, CO 80442.

Grand County (Unincorporated Areas)

Maps are available for inspection at 308 Byers Avenue, Hot Sulphur Springs, CO 80451.

Page 33370

Edwards County, Kansas and Incorporated Areas

Docket No.: FEMA-B-7705

Arkansas River......................... At U.S. Highway 50.......

+2160 Edwards County

Approximately 2 miles

+2187 (Unincorporated Areas). upstream of Old U.S.

Highway 183.

Big Coon Creek......................... At U.S. Highway 50.......

+2164 Edwards County

(Unincorporated Areas),

City of Kinsley.

At Colony Avenue.........

+2172

Approximately 1 mile

+2179 upstream of Winchester

Avenue.

Little Coon Creek...................... At Winchester Avenue.....

+2169 Edwards County

(Unincorporated Areas).

Approximately 2 miles

+2183 upstream of County Road 13.

* National Geodetic Vertical Datum.

+ North American Vertical Datum.

Depth in feet above ground.

ADDRESSES

Edwards County (Unincorporated Areas)

Maps are available for inspection at the County Clerk's Office, 312 Massachusetts Avenue, Kinsley, KS 67547.

City of Kinsley

Maps are available for inspection at City Hall, 721 Marsh, Kinsley, KS 67547.

Dodge County, Nebraska and Incorporated Areas

Docket No.: FEMA-B-7705

Platte River (levee failure)........... At Downing Street, south

+1188 City of Fremont, City of of Union Pacific

Inglewood, City of North

Railroad.

Bend, Unincorporated

Areas of Dodge County.

At U.S. Highway 77.......

+1197

Approximately 1 mile

+1268 downstream of State

1279

Highway 79.

South of U.S. Highway 30

+1287 at County Road 5.

Platte River (levee)................... Approximately \1/2\ mile

+1195 City of Fremont, City of downstream of Burlington

Inglewood, City of North

Northern Railroad.

Bend, Dodge County

(Unincorporated Areas).

At U.S. Highway 77.......

+1201

At County Road 19, south

+1216 of Union Pacific

Railroad.

Approximately 1 mile

+1272 downstream of State

Highway 79.

Approximately 1 mile

+1285 upstream of State

Highway 79.

South of Union Pacific

+1300

Railroad, just upstream of County Road 3.

Platte River Overflow.................. Just north of 23rd

2 City of Fremont, City of

Street, west of

Inglewood, City of North

Burlington Northern

Bend, Dodge County

Railroad.

(Unincorporated Areas).

At the intersection of

2

County Road 5 and County

Road S.

Between U.S. Highway 275

2 and Old Highway 8.

East of Burlington

2

Northern Railroad and north of U.S. Highway 30/

Highway 275.

Between U.S. Highway 30

2 and Burlington Northern

Railroad, north of

Rawhide Creek.

U.S. Highway 77, north of

+1197

U.S. Highway 30/Highway 275.

At County Road 19, north

+1212 of U.S. Highway 30.

At the intersection of

+1222

County Road 17 and

County Road T.

At County Road 11, north

+1255 of U.S. Highway 30.

At Cottonwood Street,

+1276 north of U.S. Highway 30.

* National Geodetic Vertical Datum.

+ North American Vertical Datum.

Depth in feet above ground.

ADDRESSES

City of Inglewood

Maps are available for inspection at the Inglewood Village Office, 445 Boulevard Street, Fremont, NE 68025.

Page 33371

City of North Bend

Maps are available for inspection at City Hall, North Bend, NE 68649.

Dodge County (Unincorporated Areas)

Maps are available for inspection at Dodge County Zoning Office, 435 N. Park, Fremont, NE 68025.

Cooke County, Texas and Incorporated Areas

Docket No.: FEMA-B-7705

Indian Creek East Lower Reach.......... At confluence with Lake

+645 Cooke County

Ray Roberts.

(Unincorporated Areas).

At Lake Kiowa Dam........

+705

Indian Creek East Tributary 1.......... At the confluence with

+645 Cooke County

Indian Creek East.

(Unincorporated Areas).

Approximately 1,000 feet

+693 upstream.

Indian Creek East Tributary 2.......... At the confluence with

+663 Cook County

Indian Creek East Lower

(Unincorporated Areas).

Reach.

Approximately 1,000 feet

+724 downstream from FM Road 3496.

Indian Creek Upper Reach............... At confluence with Lake

+705 Cooke County

Kiowa.

(Unincorporated Areas).

Approximately 2500 feet

+718 upstream from confluence with Lake Kiowa.

Lake Kiowa............................. Lake Kiowa...............

+705 Cooke County

(Unincorporated Areas).

Lake Ray Roberts....................... Lake Ray Roberts.........

+645 Cooke County.

(Unincorporated Areas).

Pecan Creek North...................... Approximately 4,000 feet

+703 Cooke County downstream from FM Road

(Unincorporated Areas). 2071.

Approximately 2,000 feet

+783 upstream from I-35.

Pecan Creek South...................... At the Confluence with

+645 City of Valley View,

Lake Ray Roberts.

Cooke County

(Unincorporated Areas).

Approximately 750 feet

+712 upstream from FM Road 922.

Pecan Creet South Tributary 1.......... At the Confluence with

+646 Cooke County

Pecan Creek South.

(Unincorporated Areas).

At intersection with FM

+687

Road 922.

Persimmon Creek........................ At confluence with Elm

+645 Cooke County

Fork Trinity River.

(Unincorporated Areas).

Approximately 2,000 feet

+700 upstream from North

Shore Drive.

Persimmon Creek Tributary 1............ At confluence with

+664 Cooke County

Persimmon Creek (Pioneer

(Unincorporated Areas).

Valley Lake).

Approximately 2,000 feet

+689 upstream from confluence with Persimmon Creek

(Pioneer Valley Lake).

Persimmon Creek Tributary 2............ Confluence with Persimmon

+664 Cooke County

Creek (Pioneer Valley

(Unincorporated Areas).

Lake).

Approximately 1,500 feet

+667 upstream from confluence with Persimmon Creek

(Pioneer Valley Lake).

Persimmon Creek Tributary 3............ At confluence with

+678 Cooke County

Persimmon Creek.

(Unincorporated Areas).

Approximately 1,500 feet

+697 upstream from the confluence with

Persimmon Creek.

Pond Creek............................. Approximately 1,000 feet

+646 Cooke County downstream from

(Unincorporated Areas). confluence with Pond

Creek Tributary 2

(County Border).

Approximately 1,000 feet

+674 downstream from Rail

Road (County Border).

Pond Creek Tributary 1................. At the confluence with

+646 Cooke County

Pond Creek.

(Unincorporated Areas).

Approximately 1,200 feet

+705 upstream from I-35.

Pond Creek Tributary 2................. At the confluence with

+675 Cooke County

Pond Creek Tributary.

(Unincorporated Areas).

Approximately 1,000 feet

+702 upsteam from I-35.

Tributary Kiowa 1...................... Confluence with Lake

+705 Cooke County

Kiowa.

(Unincorporated Areas).

Approximately 1,200 feet

+713 upstream from confluence with Lake Kiowa.

Page 33372

Tributary Kiowa........................ At confluence with Lake

+705 Cooke County

Kiowa.

(Unincorporated Areas).

Approximately 2,500 feet

+723 upstream from confluence with Lake Kiowa.

Wolf Creek............................. At the confluence with

+645 Cooke County

Lake Ray Roberts.

(Unincorporated Areas).

Approximately 1,000 feet

+746 upstream from FM 295.

Wolf Creek Tributary 1................. At the confluence with

+681 Cooke County

Wolf Creek.

(Unincorporated Areas).

Approximately 2,700 feet

+709 upstream from confluence with Wolf Creek.

* National Geodetic Vertical Datum.

+ North American Vertical Datum.

Depth in feet above ground.

ADDRESSES

City of Valley View

Maps are available for inspection at 100 South Dixon, Gainesville, TX 76240.

Cooke County (Unincorporated Areas)

Maps are available for inspection at 100 South Dixon, Gainesville, TX 76240.

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

Insurance.'')

Dated: June 29, 2009.

David I. Maurstad,

Federal Insurance Administrator of the National Flood Insurance

Program, Department of Homeland Security, Federal Emergency Management

Agency.

FR Doc. E9-16519 Filed 7-10-09; 8:45 am

BILLING CODE 9110-12-P

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