[Federal Register Volume 74, Number 181 (Monday, September 21, 2009)]
[Proposed Rules]
[Pages 48043-48049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22581]
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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-1074]
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 December 21, 2009.
ADDRESSES: The corresponding preliminary Flood Insurance Rate Map
(FIRM) for the proposed BFEs for each community is 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-1074, to
Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation
Directorate, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472, (202) 646-2820, or (e-mail) [email protected].
FOR FURTHER INFORMATION CONTACT: Kevin C. Long, Acting Chief,
Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,
(202) 646-2820, 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
[[Page 48044]]
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)
Location of referenced Depth in feet above
Flooding source(s) elevation** ground [caret] Elevation Communities affected
in meters (MSL)
--------------------------
Effective Modified
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Boone County, Arkansas, and Incorporated Areas
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Crooked Creek....................... Approximately 200 feet None +1,047 Unincorporated Areas of
downstream of Highway Boone County.
65.
Approximately 1,300 None +1,070
feet upstream of
Cloverhill Road.
Dry Jordan Creek.................... Approximately 0.63 None +1,167 Unincorporated Areas of
miles upstream of Boone County.
Goblin Drive.
Approximately 0.64 None +1,167
miles upstream of
Goblin Drive.
Dry Jordan Tributary................ Approximately 560 feet None +1,208 Unincorporated Areas of
upstream of Highway 65. Boone County.
Approximately 720 feet None +1,208
upstream of Highway 65.
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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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
Unincorporated Areas of Boone County
Maps are available for inspection at 100 North Main Street, Harrison, AR 72601.
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Johnson County, Arkansas, and Incorporated Areas
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Little Willett Branch............... Just upstream of State None +409 Unincorporated Areas of
Highway 103. Johnson County.
Approximately 200 feet None +409
upstream of State
Highway 103.
Sprada Creek........................ Approximately 1,050 None +391 Unincorporated Areas of
feet downstream of Johnson County.
Private Road 3477.
Just upstream of County None +411
Highway 3520.
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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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
Unincorporated Areas of Johnson County
Maps are available for inspection at P.O. Box 278, 705 Cline Road, Clarksville, AR 72830.
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Del Norte County, California, and Incorporated Areas
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Lake Earl........................... Entire shoreline....... None +13 Unincorporated Areas of
Del Norte County.
Lake Tolowa......................... Entire shoreline....... None +13 Unincorporated Areas of
Del Norte County.
Overflow Southwest of Smith River... Approximately 2,000 None +13 Unincorporated Areas of
feet east of the Del Norte County.
intersection of
Prigmore Street and
Fisher Drive.
[[Page 48045]]
Approximately 500 feet None +40
west of the
intersection of
Highway 101 and
Reynolds Court.
Pacific Ocean....................... From approximately None +14-20 Unincorporated Areas of
1,420 feet north of Del Norte County.
Pyramid Point to
approximately 7,870
feet south of the
mouth of Lake Tolowa
along the shoreline of
the Pacific Ocean.
Approximately 7,000 None 1
feet north of the
mouth of Lake Tolowa
just inland of the
shoreline of the
Pacific Ocean.
Approximately 2,300 None 2
feet north of the
mouth of Lake Tolowa
just inland of the
shoreline of the
Pacific Ocean.
Rowdy Creek......................... Confluence with Smith None +25 Unincorporated Areas of
River. Del Norte County.
Approximately 1,450 None +64
feet upstream of
Highway 101.
Sheetflow Southwest of Smith River.. From just downstream of None 2 Unincorporated Areas of
Highway 101 to Del Norte County.
approximately 500 feet
west of Lower Lake
Road between Tryon
Creek and the Smith
River.
Smith River......................... Mouth of the Smith None +15 Unincorporated Areas of
River. Del Norte County.
Approximately 2,100 None +47
feet upstream of
Highway 101.
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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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
Unincorporated Areas of Del Norte County
Maps are available for inspection at City Hall, Public Works Department, 377 J Street, Crescent City, CA 95531.
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Edmonson County, Kentucky, and Incorporated Areas
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Alexander Creek (Backwater effects From confluence with None +446 Unincorporated Areas of
from Green River). Green River to Edmonson County.
approximately 240 feet
upstream of confluence
with Alexander Creek
Tributary 3.
Bear Creek (Backwater effects from From confluence with None +438 Unincorporated Areas of
Green River). Green River to Edmonson County.
approximately 3.8
miles upstream of
confluence with Green
River.
Beaverdam Creek South (Backwater From confluence with None +449 Unincorporated Areas of
effects from Green River). Green River to Edmonson County, City
approximately 3.4 of Brownsville.
miles upstream of
confluence with Green
River.
Beaverdam Creek Tributary 6 From confluence with None +449 Unincorporated Areas of
(Backwater effects from Green Beaverdam Creek South Edmonson County, City
River). to approximately 1,400 of Brownsville.
feet upstream of
confluence with
Beaverdam Creek South.
Brier Creek (Backwater effects from From confluence with None +560 Unincorporated Areas of
Nolin Lake). Nolin Lake to Edmonson County.
approximately 0.6 mile
upstream of confluence
with Nolin Lake.
Bylew Creek (Backwater effects from From confluence with None +455 Unincorporated Areas of
Green River). Nolin River to Edmonson County.
approximately 1.2
miles upstream of
confluence with Nolin
River.
Dog Creek (Backwater effects from From county boundary to None +560 Unincorporated Areas of
Nolin Lake). approximately 0.6 mile Edmonson County.
upstream of confluence
with Dog Creek
Tributary 1.
Green River......................... At confluence with Bear None +438 Unincorporated Areas of
Creek. Edmonson County, City
of Brownsville.
At approximately 3.4 None +480
miles upstream of
confluence with Ugly
Creek.
Green River Tributary 4 (Backwater From confluence with None +445 Unincorporated Areas of
effects from Green River). Green River to Edmonson County.
approximately 0.6 mile
upstream of confluence
with Green River.
Honey Creek (Backwater effects from From confluence with None +443 Unincorporated Areas of
Green River). Green River to Edmonson County.
approximately 1.6
miles upstream of
confluence with Green
River.
[[Page 48046]]
Indian Creek (Backwater effects from From confluence with None +452 Unincorporated Areas of
Green River). Green River to Edmonson County, City
approximately 0.9 mile of Brownsville.
upstream of confluence
with Green River.
Laurel Branch (Backwater effects From confluence with None +449 City of Brownsville.
from Green River). Beaverdam Creek South
to approximately 0.5
mile upstream of
confluence with
Beaverdam Creek South.
Little Beaverdam Creek (Backwater From confluence with None +442 Unincorporated Areas of
effects from Green River). Green River to Edmonson County.
approximately 1 mile
upstream of confluence
with Sally Branch.
Nolin Lake.......................... Entire shoreline of None +560 Unincorporated Areas of
Nolin Lake. Edmonson County.
Nolin River (Backwater effects from From confluence with None +455 Unincorporated Areas of
Green River). Green River to Edmonson County.
approximately 0.8 mile
upstream of confluence
with Bylew Creek.
Sally Branch (Backwater effects from From confluence with None +442 Unincorporated Areas of
Green River). Little Beaverdam Creek Edmonson County.
to approximately 0.6
mile upstream of
confluence with Little
Beaverdam Creek.
Ugly Creek (Backwater effects from From confluence with None +477 Unincorporated Areas of
Green River). Green River to Edmonson County.
approximately 1.1
miles upstream of
confluence with Green
River.
Wolf Creek (Backwater effects from From confluence with None +560 Unincorporated Areas of
Nolin Lake). Dog Creek to Edmonson County.
approximately 1 mile
upstream of confluence
with Dog 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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
City of Brownsville
Maps are available for inspection at 121 Washington Street, Brownsville, KY 42210.
Unincorporated Areas of Edmonson County
Maps are available for inspection at 108 North Main Street, Brownsville, KY 42210.
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Lincoln County, Nevada, and Incorporated Areas
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Clover Creek........................ Approximately 280 feet +4,404 +4,409 Unincorporated Areas of
upstream of confluence Lincoln County, City
with Meadow Valley of Caliente.
Wash (Near Caliente).
Approximately 2.4 miles None +4,473
upstream of confluence
with Meadow Valley
Wash (Near Caliente).
Meadow Valley Wash (Near Caliente).. Approximately 0.73 mile None 2 Unincorporated Areas of
downstream of Union Lincoln County, City
Pacific Railroad. of Caliente.
Approximately 1,540 None 3
feet downstream of
Union Pacific Railroad.
Approximately 0.73 mile +4,329 +4,329
downstream of Union
Pacific Railroad.
Approximately 674 feet +4,437 +4,438
upstream of U.S.
Highway 93.
Meadow Valley Wash (Near Ursine).... Approximately 1.0 mile None +5,543 Unincorporated Areas of
downstream of North Lincoln County.
Eagle Valley Road.
Approximately 1,150 None +5,607
feet upstream of North
Eagle Valley 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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
[[Page 48047]]
ADDRESSES
City of Caliente
Maps are available for inspection at 100 Depot Avenue, Caliente, NV 89008.
Unincorporated Areas of Lincoln County
Maps are available for inspection at the Planning and Zoning Department, 181 Main Street, Suite 107, Pioche, NV
89043.
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Clay County, Tennessee, and Incorporated Areas
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Cumberland River.................... Approximately 3.5 miles None +508 Unincorporated Areas of
downstream of Highway Clay County, City of
52. Celina.
Approximately 4.8 miles None +518
upstream of Highway 52.
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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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
City of Celina
Maps are available for inspection at City Hall, 143 Cordell Hull Drive, Celina, TN 38551.
Unincorporated Areas of Clay County
Maps are available for inspection at the Clay County Public Library, 116 Guffey Street, Celina, TN 38551.
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Atascosa County, Texas, and Incorporated Areas
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Rutledge Hollow Creek............... Just upstream of Roys None +440 Unincorporated Areas of
Drive. Atascosa County.
Approximately 500 feet None +442
upstream of Roys Drive.
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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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
Unincorporated Areas of Atascosa County
Maps are available for inspection at Circle Drive 41, Jourdanton, TX 78026.
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Washington County, Vermont (All Jurisdictions)
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Great Brook No. 1................... At the confluence with +503 +501 Town of Middlesex.
Winooski River.
Approximately 140 feet +503 +501
downstream of U.S.
Route 2.
Gunners Brook....................... At the downstream side +598 +596 City of Barre.
of Brook Street.
Approximately 80 feet None +616
upstream of Brook
Street.
Mad River........................... At the confluence with +452 +454 Town of Moretown.
Winooski River.
Approximately 950 feet +452 +454
upstream of confluence
with Winooski River.
Mirror Lake......................... Entire shoreline....... None +1,047 Town of Calais.
North Montpelier Pond............... Entire shoreline....... None +708 Town of Calais, Town of
East Montpelier.
Stevens Branch...................... At the confluence with +547 +544 Town of Barre, City of
Winooski River. Barre, City of
Montpelier, Town of
Berlin.
At county boundary +741 +740
(approximately 2.0
miles upstream of
Snowbridge Road).
[[Page 48048]]
Sunny Brook of Winooksi River....... At the confluence with +513 +510 Town of Middlesex.
Winooski River.
At downstream side of +513 +510
New England Central
Railroad.
Thatcher Brook...................... Approximately 225 feet +503 +502 Town of Waterbury.
upstream of Stowe
Street.
Approximately 1,100 +504 +503
feet upstream of Stowe
Street.
Union Brook......................... At the confluence with +727 +728 Village of Northfield.
Dog River.
Approximately 60 feet +727 +728
upstream of Water
Street.
Winooski River...................... At Chittenden County +341 +342 Town of Middlesex, City
Boundary of Montpelier, Town of
(approximately 13,080 Berlin, Town of
feet downstream of Duxbury, Town of East
Bolton Falls Dam). Montpelier, Town of
Moretown, Town of
Waterbury, Village of
Waterbury.
At downstream side of +597 +595
Green Mountain Power
No. 4 Dam.
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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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
City of Barre
Maps are available for inspection at City Hall, 6 North Main Street, Barre, VT 05641.
City of Montpelier
Maps are available for inspection at the Planning, Zoning, and Community Development Department, City Hall, 39
Main Street, Montpelier, VT 05602.
Town of Barre
Maps are available for inspection at the Town Clerk's Office, 149 Websterville Road, Websterville, VT 05678.
Town of Berlin
Maps are available for inspection at the Town Zoning Office, 108 Shed Road, Berlin, VT 05602.
Town of Calais
Maps are available for inspection at the Town Clerk's Office, 3120 Pekin Brook Road, East Calais, VT 05650.
Town of Duxbury
Maps are available for inspection at the Town Office, 5421 Vermont Route 100, Duxbury, VT 05676.
Town of East Montpelier
Maps are available for inspection at the Town Hall, 40 Kelton Road, East Montpelier, VT 05651.
Town of Middlesex
Maps are available for inspection at the Town Clerk's Office, 5 Church Street, Middlesex, VT 05602.
Town of Moretown
Maps are available for inspection at the Town Clerk's Office, 994 Vermont Route 100B, Moretown, VT 05660.
Town of Waterbury
Maps are available for inspection at the Waterbury Municipal Offices, 51 South Main Street, Waterbury, VT 05676.
Village of Northfield
Maps are available for inspection at the Zoning Office, 51 South Main Street, Northfield, VT 05663.
Village of Waterbury
Maps are available for inspection at the Waterbury Municipal Offices, 51 South Main Street, Waterbury, VT 05676.
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Upshur County, West Virginia, and Incorporated Areas
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Brushy Fork (Backwater flooding from Approximately at the None +1,415 Unincorporated Areas of
Buckhannon River). confluence with Fink Upshur County.
Run.
Approximately 700 feet None +1,415
upstream of County
Route 7/1 (Left Branch
of Brushy Fork).
Fink Run (Backwater flooding from Just upstream of Old None +1,415 Unincorporated Areas of
Buckhannon River). Weston Road. Upshur County.
[[Page 48049]]
Approximately 2,100 None +1,415
feet upstream of
intersection of Old
Weston Road and County
Route 5/7 (Mudlick
Run).
Unnamed Tributary No. 1 to Fink Run Approximately at the None +1,415 Unincorporated Areas of
(Backwater flooding from Buckhannon area bounded by US Upshur County.
River). Route 33, Wabash
Avenue, and County
Route 33/1.
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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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
Unincorporated Areas of Upshur County
Maps are available for inspection at 38 West Main Street, Buckhannon, WV 26201.
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(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')
Deborah S. Ingram,
Acting Deputy Assistant Administrator for Mitigation, Mitigation
Directorate, Department of Homeland Security, Federal Emergency
Management Agency.
[FR Doc. E9-22581 Filed 9-18-09; 8:45 am]
BILLING CODE 9110-12-P