Flood elevation determinations: North Dakota and Virginia,

[Federal Register: August 31, 2007 (Volume 72, Number 169)]

[Rules and Regulations]

[Page 50255-50257]

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

[DOCID:fr31au07-10]

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 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:

*Elevation in feet (NGVD) +Elevation in feet Flooding source(s)

Location of referenced

(NAVD) Communities affected elevation

Depth in feet above ground. Modified

Barnes County, North Dakota, and Incorporated Areas Docket No.: FEMA-B-7705

Sheyenne River......................... Approximately 3200 feet

+1214 City of Valley City. downstream from 117th Ave SE (Barnes County Highway 21). Just upstream from Interstate

+1219 94. Approximately 3350 feet

+1224 upstream from 65th Street NE. Approximately 5600 feet

+1228 upstream from Maryvale Bridge. Sheyenne River......................... Approximately 700 feet upstream

+1162 Barnes County from ND Highway 46.

(Unincorporated Areas). Just downstream from 43rd St.

+1198 SE (Barnes County Highway 21). Just Downstream from Baldhill

+1239 Dam.

*National Geodetic Vertical Datum. Depth in feet above ground. +North American Vertical Datum.

[[Page 50256]]

ADDRESSES City of Valley City

Maps are available for inspection at City Hall, 220 3rd St. NE, Valley City, ND 58072. Barnes County (Unincorporated Areas)

Maps are available for inspection at Barnes County Courthouse, 230 4th Street NW, Valley City, ND 58072.

City of Harrisonburg, Independent City, Virginia Docket No: FEMA-B-7462

Blacks Run............................. Just upstream of Early Road....

+1199 City of Harrisonburg. Approximately 400 feet

+1376 downstream of Acorn Drive. Blacks Run Tributary No. 1............. Approximately at the confluence

+1269 City of Harrisonburg. with Blacks Run. Approximately 1180 feet

+1453 upstream of Terri Drive. Blacks Run Tributary No. 2............. Approximately 80 feet upstream

+1270 City of Harrisonburg. of the confluence with Blacks Run Tributary No. 1. Approximately 1400 feet

+1377 upstream of Peach Grove Avenue. Blacks Run Tributary No. 3............. Approximately at the confluence

+1307 City of Harrisonburg. with Blacks Run Tributary No. 1. Approximately 80 feet

+1418 downstream of Reservoir Street. Approximately 150 feet upstream

+1430 of Reservoir Street. Sunset Heights Branch.................. Approximately 650 feet upstream

+1271 City of Harrisonburg. of Erickson Avenue. Approximately 150 feet down

+1336 stream of West Market Street. Approximately 1100 feet

+1364 upstream of West Market Street. West Fork Sunset Heights Branch........ Approximately at the confluence

+1309 City of Harrisonburg. of Sunset Heights Branch. Approximately 900 feet upstream

+1364 of Garbers Church Road. Approximately 1100 feet

+1366 upstream of Garbers Church Road.

Depth in feet above ground. *National Geodetic Vertical Datum. +National American Vertical Datum. Individual points for the City of Harrisonburg were processed to obtain place specific conversion factors. These individual point factors were then averaged throughout the community to obtain an average community wide conversion factor of .443 feet. To convert between NAVD and NGVD for the City of Harrisonburg use the following formula: NAVD = NGVD-0.443.

City of Harrisonburg

Maps are available for inspection at City of Harrisonburg, Department of Community Development, 409 South Main Street, Harrisonburg, Virginia 22801.

Kanawha County, West Virginia, and Incorporated Areas Docket No.: FEMA-B-7723

Alum Creek............................. Begins at approximately 298

+519 Kanawha County feet downstream of CSX

(Unincorporated Areas). Railroad. Ends approximately at 3649 feet

+709 upstream of Rebel Mountain Road. Brier Creek............................ Begins at approximately 1180

+608 Kanawha County feet downstream of Sproul Road.

(Unincorporated Areas). Ends approximately at 2390 feet

+702 upstream of Brown Land Road. Dutch Hollow........................... Begins at approximately 3125

+590 City of Dunbar, Kanawha feet downstream of I-64 Bridge.

County (Unincorporated Areas). Ends approximately at 4850 feet

+666 upstream of I-64 Bridge. Finney Branch.......................... Begins at approximately 1050

+590 City of Dunbar, Kanawha feet downstream of Charles

County (Unincorporated Avenue.

Areas). Ends approximately at 360 feet

+601 upstream of Gravel Drive. Georges Creek.......................... Begins at approximately 2575

+597 Kanawha County feet downstream of Malden Road.

(Unincorporated Areas). Ends approximately at 3490 feet

+721 upstream of Georges Creek Drive. Indian Creek........................... Begins at approximately 3775

+611 Kanawha County feet downstream of State Route

(Unincorporated Areas). 114. Ends approximately at 1000 feet

+693 upstream of Boner Drive.

[[Page 50257]]

Magazine Branch........................ Starts at approximately 920

+594 City of Charleston, feet downstream of

Kanawha County Pennsylvania Avenue.

(Unincorporated Areas). Ends approximately at 100 feet

+688 upstream of Pacific Street. Middle Fork............................ Begins at approximately 480

+606 Kanawha County feet downstream of Middle Fork

(Unincorporated Areas). Road. Ends approximately at 135 feet

+630 upstream of Middle Fork Road. Mill Creek............................. Begins at approximately 90 feet

+605 Kanawha County downstream of Rail Road Bridge.

(Unincorporated Areas). Ends approximately at 4550 feet

+775 upstream of Mill Creek Road. Two and Three Quarter Mile Creek....... Begins at approximately 220

+589 Kanawha County feet downstream of U.S. Route

(Unincorporated Areas). 60. Ends approximately at 1880 feet

+618 upstream of Cane Fork Road.

*National Geodetic Vertical Datum. Depth in feet above ground. +North American Vertical Datum. ADDRESSES

City of Charleston

Maps are available for inspection at 501 East Virginia Street, Charleston, WV 25301. City of Dunbar

Maps are available for inspection at 210 12th Street, Dunbar, WV 25064. Kanawha County (Unincorporated Areas)

Maps are available for inspection at 501 East Virginia Street, Charleston, WV 25301.

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

Dated: August 22, 2007. David I. Maurstad, Federal Insurance Administrator of the National Flood Insurance Program, Department of Homeland Security, Federal Emergency Management Agency.

[FR Doc. E7-17319 Filed 8-30-07; 8:45 am]

BILLING CODE 9110-12-P