[Federal Register Volume 74, Number 94 (Monday, May 18, 2009)]
[Proposed Rules]
[Pages 23140-23147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11514]
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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 67
[Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-B-1040]
Proposed Flood Elevation Determinations
AGENCY: Federal Emergency Management Agency, DHS.
ACTION: Proposed rule.
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SUMMARY: Comments are requested on the proposed Base (1% annual-chance)
Flood Elevations (BFEs) and proposed BFE modifications for the
communities listed in the table below. The purpose of this notice is to
seek general information and comment regarding the proposed regulatory
flood elevations for the reach described by the downstream and upstream
locations in the table below. The BFEs and modified BFEs are a part of
the floodplain management measures that the community is required
either to adopt or show evidence of having in effect in order to
qualify or remain qualified for participation in the National Flood
Insurance Program (NFIP). In addition, these elevations, once
finalized, will be used by insurance agents, and others to calculate
appropriate flood insurance premium rates for new buildings and the
contents in those buildings.
DATES: Comments are to be submitted on or before August 17, 2009.
ADDRESSES: The corresponding preliminary Flood Insurance Rate Map
(FIRM) for the proposed BFEs for each community are available for
inspection at the community's map repository. The respective addresses
are listed in the table below.
You may submit comments, identified by Docket No. FEMA-B-1040, to
William R. Blanton, Jr., Chief, Engineering Management Branch,
Mitigation Directorate, Federal Emergency Management Agency, 500 C
Street, SW., Washington, DC 20472, (202) 646-3151, or (e-mail)
[email protected].
FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Chief,
[[Page 23141]]
Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,
(202) 646-3151 or (e-mail) [email protected].
SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) proposes to make determinations of BFEs and modified BFEs for
each community listed below, in accordance with section 110 of the
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR
67.4(a).
These proposed BFEs and modified BFEs, together with the floodplain
management criteria required by 44 CFR 60.3, are the minimum that are
required. They should not be construed to mean that the community must
change any existing ordinances that are more stringent in their
floodplain management requirements. The community may at any time enact
stricter requirements of its own, or pursuant to policies established
by other Federal, State, or regional entities. These proposed
elevations are used to meet the floodplain management requirements of
the NFIP and are also used to calculate the appropriate flood insurance
premium rates for new buildings built after these elevations are made
final, and for the contents in these buildings.
Comments on any aspect of the Flood Insurance Study and FIRM, other
than the proposed BFEs, will be considered. A letter acknowledging
receipt of any comments will not be sent.
National Environmental Policy Act. This proposed 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.
Executive Order 12866, Regulatory Planning and Review. This
proposed rule is not a significant regulatory action under the criteria
of section 3(f) of Executive Order 12866, as amended.
Executive Order 13132, Federalism. This proposed rule involves no
policies that have federalism implications under Executive Order 13132.
Executive Order 12988, Civil Justice Reform. This proposed 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 proposed to be amended as follows:
PART 67--[AMENDED]
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. 67.4 [Amended]
2. The tables published under the authority of Sec. 67.4 are
proposed to be amended as follows:
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* Elevation in feet
(NGVD) + Elevation in
feet (NAVD)
Depth in feet above
State City/town/county Source of Location ** ground [caret]
flooding Elevation in meters
(MSL)
-------------------------
Existing Modified
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City of Burnside, Kentucky
----------------------------------------------------------------------------------------------------------------
Kentucky...................... City of Burnside. Lake Cumberland.. Entire shoreline None +749
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
the community map repository (see below) for exact locations of all BFEs to be changed.
Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
City of Burnside
Maps are available for inspection at 7929 South Highway 27, Burnside, KY 42519.
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----------------------------------------------------------------------------------------------------------------
* Elevation in feet
(NGVD) + Elevation in
feet (NAVD)
Depth in feet above
Flooding source(s) Location of referenced ground [caret] Communities affected
elevation ** Elevation in meters
(MSL)
--------------------------
Effective Modified
----------------------------------------------------------------------------------------------------------------
Fairfield County, Connecticut, and Incorporated Areas
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East Swamp Brook.................... Entire reach within None +293 City of Danbury.
City of Danbury.
Farmill River....................... Entire reach within None +14 Town of Stratford.
Town of Stratford.
Entire reach within None +70
Town of Stratford.
Five Mile River..................... At upstream side of Old +141 +139 City of Norwalk.
Rock Lane.
Approximately 750 feet +142 +139
upstream of Old Rock
Lane.
Horse Tavern Brook.................. At upstream side of +129 +132 City of Bridgeport.
Park Avenue.
[[Page 23142]]
Approximately 670 feet +131 +132
upstream of Park
Avenue.
Approximately 1,580 None +239
feet upstream of Old
Town Road.
Approximately 1,820 None +240
feet upstream of Old
Town Road.
Horse Tavern Brook.................. Approximately 470 feet +236 +238 Town of Trumbull.
upstream of Old Town
Road.
Approximately 1,070 +238 +239
feet upstream of Old
Town Road.
Housatonic River.................... Approximately 2,775 +13 +14 Town of Stratford.
feet upstream of
Merritt Parkway.
Approximately 3,650 +13 +14
feet upstream of
Merritt Parkway.
Housatonic River.................... At confluence of None +108 Town of Newtown.
Halfway River.
Approximately 15,800 None +108
feet upstream of
confluence of Halfway
River.
Laurel Brook........................ Approximately 320 feet +244 +245 City of Stamford.
upstream of confluence
with Rippowam River
(Upper Reach).
Approximately 40 feet +279 +274
upstream of Laurel
Road.
Mianus River........................ At upstream side of +72 +73 Town of Greenwich.
Valley Road.
Approximately 270 feet +72 +73
upstream of Valley
Road.
Noroton River....................... Approximately 1,860 None +117 Town of Darien, City of
feet downstream of Stamford.
State Route 15.
Approximately 1,040 None +117
feet downstream of
State Route 15.
Norwalk River....................... Entire reach within None +302 Town of Weston.
Town of Weston.
Norwalk River....................... Approximately 2,740 None +367 Town of Ridgefield.
feet upstream of U.S.
Route 7.
Approximately 3,500 None +373
feet upstream of U.S.
Route 7.
Rippowam River (Upper Reach)........ Approximately 290 feet +227 +228 Town of New Canaan.
downstream of Cascade
Road.
Approximately 3,360 +242 +243
feet upstream of
Cascade Road.
Rooster River....................... At upstream side of +16 +15 Town of Fairfield.
Railroad.
At downstream side of +20 +19
Brooklawn Avenue.
Terehaute Brook..................... Entire reach within None +367 City of Danbury.
City of Danbury.
Entire reach within None +373
City of Danbury.
Tributary O at Intervale Road....... Entire reach within None +140 Town of Stratford.
Town of Stratford.
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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.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
the community map repository (see below) for exact locations of all BFEs to be changed.
Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
City of Bridgeport
Maps are available for inspection at the City of Bridgeport Zoning Office, 45 Lyon Terrace, Bridgeport, CT.
City of Danbury
Maps are available for inspection at Danbury City Hall, Engineering Department, 155 Deer Hill Avenue, Danbury,
CT.
City of Norwalk
Maps are available for inspection at Norwalk City Hall, Planning and Zoning Department, 125 East Avenue, Room
223, Norwalk, CT.
City of Stamford
Maps are available for inspection at the City of Stamford Environmental Protection Board, 888 Washington
Boulevard, 7th Floor, Stamford, CT.
Town of Darien
Maps are available for inspection at the Darien Town Hall, 2 Renshaw Road, Darien, CT.
Town of Fairfield
Maps are available for inspection at the Town of Fairfield Engineering Department, Sullivan Independence Hall,
725 Old Post Road, Fairfield, CT.
Town of Greenwich
Maps are available for inspection at the Greenwich Town Hall, Planning and Zoning Department, 101 Field Point
Road, Greenwich, CT.
Town of New Canaan
Maps are available for inspection at the New Canaan Town Hall, Office of the Town Clerk, 77 Main Street, New
Canaan, CT.
Town of Newtown
Maps are available for inspection at the Town of Newtown Land Use Agency, 31 Pecks Lane, Newtown, CT.
Town of Ridgefield
Maps are available for inspection at the Ridgefield Town Hall Annex, Planning and Zoning Department, 66 Prospect
Street, Ridgefield, CT.
Town of Stratford
[[Page 23143]]
Maps are available for inspection at the Stratford Town Hall, Planning and Zoning Department, 2725 Main Street,
Stratford, CT.
Town of Trumbull
Maps are available for inspection at the Trumbull Town Hall, Engineering Department, 5866 Main Street, Trumbull,
CT.
Town of Weston
Maps are available for inspection at the Weston Town Hall, Office of the Town Clerk, 56 Norfield Road, Weston,
CT.
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Clinton County, Kentucky, and Incorporated Areas
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Cumberland River.................... Approximately 2,300 None +568 Unincorporated Areas of
feet downstream of the Clinton County.
confluence with
Tearcoat Creek.
Approximately 2,300 None +571
feet upstream of the
confluence with
Millers Creek.
Dale Hollow Lake (Wolf River)....... At the confluence with None +663 Unincorporated Areas of
Wolf River. Clinton County.
Approximately 1,800 None +663
feet upstream of the
confluence with Spring
Creek.
Lake Cumberland..................... Just upstream of Wolf None +760 Unincorporated Areas of
Creek Dam. Clinton County.
At confluence with None +760
Otter Creek.
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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.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
the community map repository (see below) for exact locations of all BFEs to be changed.
Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472..
ADDRESSES
Unincorporated Areas of Clinton County
Maps are available for inspection at 100 South Cross Street, Albany, KY 42602.
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Russell County, Kentucky, and Incorporated Areas
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Cumberland River.................... Approximately 3,700 None +565 Unincorporated Areas of
feet downstream of the Russell County.
confluence with Lester
Creek.
Just downstream of Wolf None +577
Creek Dam.
Lake Cumberland..................... Just upstream of Wolf +750 +760 Unincorporated Areas of
Creek Dam. Russell County, City
of Jamestown.
Just downstream of the +750 +760
confluence with Thomas
Branch.
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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.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
the community map repository (see below) for exact locations of all BFEs to be changed.
Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
City of Jamestown
Maps are available for inspection at 202 Monument Square, Jamestown, KY 42629.
Unincorporated Areas of Russell County
Maps are available for inspection at One Public Square, Jamestown, KY 42629.
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Allen Parish, Louisiana, and Incorporated Areas
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Beaver Creek........................ Approximately 7,218 None +117 City of Oakdale.
feet downstream of
16th Street.
Approximately 575 feet None +119
downstream of 16th
Street.
Bunch Creek......................... Intersection of Martin None +37 Unincorporated Areas of
Tram Road and Bunchy Allen Parish.
Creek.
[[Page 23144]]
Approximately 3,097 None +38
feet upstream of Route
190.
Calcasieu River..................... Approximately 341 feet None +106 City of Oakdale.
upstream of unnamed
creek.
Intersection of unnamed None +107
creek and Union
Pacific Railroad.
Gilley Gully........................ Approximately 1,539 None +35 Unincorporated Areas of
feet downstream of Allen Parish.
Martin Tram Road.
Approximately 4,613 None +36
feet upstream of
Martin Tram Road.
Whisky Chitto Creek................. Approximately 10,369 None +41 Unincorporated Areas of
feet upstream of Allen Parish.
confluence with
Calcasieu River and
Whisky Chitto Creek.
Approximately 6,544 None +41
feet upstream of
confluence with
Calcasieu River and
Whisky Chitto Creek.
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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.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
the community map repository (see below) for exact locations of all BFEs to be changed.
Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
City of Oakdale
Maps are available for inspection at 333 East 6th Avenue, Oakdale, LA 71463.
Unincorporated Areas of Allen Parish
Maps are available for inspection at the Allen Parish Police Jury Office, 602 Court Street, Oberlin, LA 70655.
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St. Landry Parish, Louisiana, and Incorporated Areas
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Bayou Belleview..................... Approximately 330 feet None +68 Unincorporated Areas of
downstream of George St. Landry Parish.
Street.
Approximately 125 feet None +70
upstream of Gulino
Street.
Bayou Tesson........................ Approximately 450 feet None +68 Unincorporated Areas of
upstream of Caddo St. Landry Parish,
Street. City of Opelousas.
Approximately 100 feet None +70
upstream of Park
Street.
Flooding Effects of Unnamed Canal/ Approximately 350 feet None +25 Town of Port Barre.
Ditch. East of Palm Street.
Approximately 1,800 None +25
feet West of State
Highway 741 and 25
Feet North of Highway
190.
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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.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
the community map repository (see below) for exact locations of all BFEs to be changed.
Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
City of Opelousas
Maps are available for inspection at 318 North Court Street, Opelousas, LA 70570.
Town of Port Barre
Maps are available for inspection at P.O. BOX 219, 504 Saizan Avenue, Port Barre, LA 70577.
Unincorporated Areas of St. Landry Parish
Maps are available for inspection at P.O. Drawer 1550, 308 West Bloch Street, Opelousas, LA 70571.
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St. Martin Parish, Louisiana, and Incorporated Areas
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Bayou Peyronnet..................... 2.27 miles upstream of None *13 Unincorporated Areas of
the confluence with St. Martin Parish.
Bayou Berard.
2.08 miles upstream of None +13
the confluence with
Bayou Berard.
[[Page 23145]]
Bayou Teche......................... 1,900 feet upstream of None +15 Unincorporated Areas of
Smede Highway. St. Martin Parish.
2.08 miles upstream of None +21
Bridge Street.
WABPL Borrow Pit (Above Henderson).. 1,000 feet downstream +14 +16 Unincorporated Areas of
of Potato Shed Road. St. Martin Parish.
1.25 miles upstream of +14 +17
Potato Shed Road.
WABPL Borrow Pit (Below Henderson).. 2,500 feet upstream of +14 +12 Unincorporated Areas of
the confluence with St. Martin Parish.
Berard Canal.
4,500 feet upstream of +14 +12
the confluence with
Berard Canal.
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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.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
the community map repository (see below) for exact locations of all BFEs to be changed.
Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
Unincorporated Areas of St. Martin Parish
Maps are available for inspection at 303 West Port Street, St. Martinsville, LA 70582.
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Terrebonne Parish, Louisiana, and Incorporated Areas
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Bayou Sauveur....................... At the intersection of None +5 Unincorporated Areas of
Bayou Sauveur and Terrebonne Parish.
Savanne Road.
At the intersection of None +10
Bayou Sauveur and Isle
of Cuba 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.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
the community map repository (see below) for exact locations of all BFEs to be changed.
Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
Unincorporated Areas of Terrebonne Parish
Maps are available for inspection at P.O. Box 6097, 8026 Main Street/HWY 24, RM 40, Houma, LA 70361.
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Madison County, Ohio, and Incorporated Areas
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Little Darby Creek.................. 30,610 feet upstream None +881 Village of West
from confluence of Jefferson.
Little Darby Creek and
Darby Creek.
38,850 feet upstream None +894
from confluence of
Little Darby Creek and
Darby Creek.
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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.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
the community map repository (see below) for exact locations of all BFEs to be changed.
Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
Village of West Jefferson
Maps are available for inspection at 28 East Main Street, West Jefferson, OH 43612.
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[[Page 23146]]
Nelson County, Virginia, and Incorporated Areas
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Davis Creek......................... Approximately 983 feet None +538 Unincorporated Areas of
upstream from the Nelson County.
confluence with
Rockfish River.
Approximately 150 feet None +862
downstream from Perry
Lane.
East Branch Hat Creek............... Approximately 215 feet None +674 Unincorporated Areas of
upstream from the Nelson County.
confluence with Hat
Creek.
At the intersection of None +802
Shaeffers Hollow Lane.
Hat Creek........................... Approximately 730 feet None +648 Unincorporated Areas of
upstream from the Nelson County.
confluence with Tye
River.
Approximately 610 feet None +790
downstream from East
Branch Loop.
Muddy Creek......................... Approximately 544 feet None +550 Unincorporated Areas of
upstream from the Nelson County.
confluence with Davis
Creek.
Approximately 160 feet None +689
downstream from
Anderson Lane.
Rockfish River...................... Approximately 400 feet None +399 Unincorporated Areas of
downstream from the Nelson County.
confluence with Ivy
Creek.
Approximately 2,200 None +458
feet downstream from
Laurel Road.
Approximately 1,186 None +477
feet downstream from
Rock Spring Road.
Approximately 477 feet None +588
downstream from the
confluence with South
Fork Rockfish River.
Tye River........................... At the intersection of None +604 Unincorporated Areas of
Tye Brook Highway. Nelson County.
Approximately 2,300 None +641
feet downstream from
the confluence with
Hat Creek.
Approximately 1,200 None +734
feet upstream from the
confluence with
Unnamed Tributary No.
6 to Tye River.
Approximately 1,941 None +821
feet downstream from
Carter Hill Road.
Approximately 2,100 None +892
feet upstream from
State Route 682.
Approximately at the None +1141
confluence with North
Fork Tye River.
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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.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
the community map repository (see below) for exact locations of all BFEs to be changed.
Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
Unincorporated Areas of Nelson County
Maps are available for inspection at 80 Front Street, Lovingston, VA 22949.
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(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')
[[Page 23147]]
Dated: May 8, 2009.
Deborah S. Ingram,
Acting Deputy Assistant Administrator for Mitigation, Mitigation
Directorate, Department of Homeland Security, Federal Emergency
Management Agency.
[FR Doc. E9-11514 Filed 5-15-09; 8:45 am]
BILLING CODE 9110-12-P