FR Doc E9-11513

[Federal Register: May 18, 2009 (Volume 74, Number 94)]
[Rules and Regulations]
[Page 23117-23120]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18my09-10]

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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.

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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 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 23118]]

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* Elevation in
feet (NGVD) +
Elevation in feet
Flooding source(s) Location of referenced (NAVD) Communities affected
elevation Depth in feet
above ground
Modified
----------------------------------------------------------------------------------------------------------------
Transylvania County, North Carolina and Incorporated Areas Docket Nos.: FEMA-D-7826, FEMA-B-7792, FEMA-B-1003
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Allison Creek.......................... Approximately 450 feet + 2,116 Unincorporated Areas of
upstream of the Transylvania County,
confluence with Lamb City of Brevard.
Creek.
Approximately 1,100 feet + 2,187
upstream of Camp Straus
Road..
Boylston Creek......................... Approximately 1,500 feet + 2,173 Unincorporated Areas of
downstream of the Transylvania County.
Henderson/Transylvania
County boundary.
Approximately 50 feet +2,228
upstream of King Road
(State Road 1502).
Carson Creek........................... At the confluence with + 2,137 Unincorporated Areas of
French Broad River. Transylvania County.
Approximately 0.6 mile + 2,471
upstream of Island Ford
Road (State Road 1103).
Catheys Creek.......................... Approximately 10 feet + 2,187 Unincorporated Areas of
upstream of U.S. Highway Transylvania County,
64. City of Brevard.
Approximately 1.1 miles + 2,253
upstream of U.S. Highway
64.
Davidson River......................... Approximately 100 feet + 2,104 Unincorporated Areas of
upstream of Old Transylvania County,
Henderson Highway. City of Brevard.
Approximately 50 feet + 2,128
upstream of U.S. 64
Highway.
Davidson River (original channel)...... The confluence with + 2,117 Unincorporated Areas of
Davidson River. Transylvania County,
City of Brevard.
Approximately 1,000 feet + 2,127
upstream from the
confluence of Turkey
Creek.
Davidson River Tributary 1............. At the confluence with + 2,109 Unincorporated Areas of
Davidson River. Transylvania County,
City of Brevard.
Approximately 1,440 feet + 2,144
upstream of Ecusta Road.
Flat Creek............................. Approximately 100 feet + 2,298 Unincorporated Areas of
upstream of the Transylvania County.
confluence with West
French Broad River.
The confluence of North + 2,533
and South Flat Creek.
Frozen Creek........................... At the confluence with + 2,233 Unincorporated Areas of
West Fork French Broad Transylvania County.
River.
Approximately 500 feet + 2,361
upstream of Frozen Creek
Road (State Road 1143).
Graham Creek........................... Approximately 600 feet + 2,167 Unincorporated Areas of
upstream of Keystone Transylvania County,
Camp Road. City of Brevard.
Approximately 100 feet + 2,172
downstream of East
Southwood Drive.
Horsepasture River..................... Approximately 200 feet + 2,968 Unincorporated Areas of
downstream of the Transylvania County.
Jackson/Transylvania
County boundary.
At the Jackson/ + 2,989
Transylvania County
boundary.
Hunts Branch........................... At the confluence with + 2,180 Unincorporated Areas of
Norton Creek. Transylvania County,
City of Brevard.
Approximately 640 feet + 2,218
upstream of Probart
Street (State Road 1348).
Indian Creek........................... The confluence with + 2,186 Unincorporated Areas of
Toxaway River. Transylvania County.
Approximately 0.6 mile + 3,041
upstream of NC Highway
281.
Jumping Branch......................... Approximately 10 feet + 2,141 City of Brevard.
upstream of Turnpike
Road.
Approximately 30 feet + 2,163
downstream of Miner
Street.
King Creek............................. Approximately 0.6 mile + 2,105 Unincorporated Areas of
upstream of the Transylvania County,
confluence with French City of Brevard.
Broad River.
Approximately 0.4 mile + 2,290
upstream of Millbrook
Drive.
Lime Kiln Creek........................ Approximately 0.6 mile + 2,150 Unincorporated Areas of
upstream of the Transylvania County.
confluence with French
Broad River.
Approximately 750 feet + 2,213
upstream of Ross Road
(State Road 1334).
Little River........................... Approximately 1.3 miles + 2,142 Unincorporated Areas of
upstream of Cascade Lake Transylvania County.
Road (State Road 1536).
Approximately 300 feet + 2,745
upstream of Casey Lane.

[[Page 23119]]

Long Branch............................ The confluence with King + 2,144 Unincorporated Areas of
Creek. Transylvania County,
City of Brevard.
Approximately 280 feet + 2,144
upstream of the
confluence with King
Creek.
Lyday Creek............................ Approximately 0.7 mile + 2,097 Unincorporated Areas of
upstream of the Transylvania County.
confluence with French
Broad River.
Approximately 0.7 mile + 2,152
upstream of the
confluence of Blythe
Branch.
Mason Creek............................ Approximately 50 feet + 2,159 Unincorporated Areas of
upstream of Whitmire Transylvania County.
Road (State Road 1128).
Approximately 0.4 mile + 2,227
upstream of Cherryfield
Loop (State Road 1392).
Morton Creek........................... At the confluence with + 2,674 Unincorporated Areas of
South Fork Flat Creek. Transylvania County.
Approximately 1,820 feet + 2,700
upstream of U.S. 64
Highway.
North Fork Flat Creek.................. At the confluence with + 2,533 Unincorporated Areas of
Flat Creek and South Transylvania County.
Fork Flat Creek.
Approximately 1,300 feet + 2,998
upstream of Golden Road
(State Road 1313).
Norton Creek........................... At the confluence with + 2,128 Unincorporated Areas of
Nicholson Creek. Transylvania County,
City of Brevard.
Approximately 475 feet + 2,218
upstream of Probart
Street (State Road 1348).
Osborne Branch......................... The confluence with + 2,223 Unincorporated Areas of
Boylston Creek. Transylvania County.
Approximately 0.7 mile + 2,422
upstream of the
confluence with Boylston
Creek.
Pole Bridge Branch..................... The confluence with + 2,698 Unincorporated Areas of
Little River. Transylvania County.
Approximately 900 feet + 2,739
upstream of the
confluence with Little
River.
South Fork Flat Creek.................. At the confluence with + 2,533 Unincorporated Areas of
Flat Creek and North Transylvania County.
Fork Flat Creek.
Approximately 0.5 mile + 2,792
upstream of Flat Creek
Valley Road (State Road
1147).
South Prong Turkey Creek............... At the confluence with + 2,252 Unincorporated Areas of
Turkey Creek. Transylvania County.
Approximately 360 feet + 2,269
upstream of the
confluence with Turkey
Creek.
Sutton Creek........................... The confluence with + 2,228 Unincorporated Areas of
Boylston Creek. Transylvania County.
Approximately 0.8 mile + 2,497
upstream of Lakeland
Drive.
Toxaway River.......................... Approximately 5.9 miles + 2,164 Unincorporated Areas of
upstream of North Transylvania County.
Carolina/South Carolina
boundary.
Approximately 1.0 mile + 3,390
upstream of Cardinal
Drive West.
Toxaway River Tributary 5.............. The confluence with + 2,654 Unincorporated Areas of
Toxaway River. Transylvania County.
Approximately 0.4 mile + 3,021
upstream of the
confluence with Toxaway
River.
Toxaway River Tributary 6.............. The confluence with + 2,643 Unincorporated Areas of
Toxaway River. Transylvania County.
Approximately 0.5 mile + 2,804
upstream of the
confluence with Toxaway
River.
Turkey Creek........................... At the confluence with + 2,124 Unincorporated Areas of
Davidson River (original Transylvania County,
channel). City of Brevard.
Approximately 120 feet + 2,256
upstream of the
confluence with South
Prong Turkey Creek.
West Fork French Broad River........... Approximately 1,600 feet + 2,247 Unincorporated Areas of
upstream of U.S. Highway Transylvania County.
64.
Approximately 200 feet + 2,307
upstream of the
confluence of Flat Creek.
Whitewater River....................... At the North Carolina/ + 1,961 Unincorporated Areas of
South Carolina boundary. Transylvania County.
At the Transylvania/ + 3,163
Jackson County boundary.

[[Page 23120]]

Williamson Creek....................... Approximately 1,000 feet +2,105 Unincorporated Areas of
upstream of Wilson Road Transylvania County.
(State Road 1540).
Approximately 1,000 feet + 2,116
upstream of the
confluence of Camp Creek.
Wilson Mill Creek...................... Approximately 1,900 feet + 2,148 Unincorporated Areas of
upstream of the Transylvania County.
confluence with Catheys
Creek.
Approximately 1,900 feet + 2,398
upstream of Forest Road.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
ADDRESSES
City of Brevard
Maps are available for inspection at the City of Brevard Planning Department, 95 West Main Street, Brevard, NC.

Unincorporated Areas of Transylvania County
Maps are available for inspection at the Transylvania County Inspections Department, 98 East Morgan Street,
Brevard, NC.
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Walworth County, Wisconsin, and Incorporated Areas FEMA Docket No.: B-7755
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Eagle Spring Lake...................... All flooding affecting + 822 Unincorporated Areas of
County. Walworth County.
Mukwonago River........................ Approximately 1,700 feet + 799 Unincorporated Areas of
North of the Walworth County.
intersection of Marsh
Road and County Highway
J.
Approximately 1.2 miles + 806
Northeast of the
intersection of County
Highway J and County
Highway E.
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* National Geodetic Vertical Datum..............................................................................
+ North American Vertical Datum.
Depth in feet above ground.
ADDRESSES
Unincorporated Areas of Walworth County
Maps are available for inspection at the Office of Emergency Management, 1770 County Road NN, Elkhorn, WI 53121.
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(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

Dated: May 11, 2009.
Deborah S. Ingram,
Deputy Acting Assistant Administrator for Mitigation, Mitigation
Directorate, Department of Homeland Security, Federal Emergency
Management Agency.
[FR Doc. E9-11513 Filed 5-15-09; 8:45 am]

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