[Federal Register Volume 73, Number 123 (Wednesday, June 25, 2008)]
[Rules and Regulations]
[Pages 35953-35958]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-14326]


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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.

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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.

[[Page 35954]]


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:

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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
----------------------------------------------------------------------------------------------------------------
                                Sonoma County, California and Incorporated Areas
                                     Docket No.: FEMA-B-7751 and FEMA-D-7644
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Mount Hood Creek.......................  Approximately 0.38 mile                 +468  City of Santa Rosa.
                                          downstream of Sonoma
                                          Highway (State Route 12).
                                         At Sonoma Highway (State                +495
                                          Route 12).
Petaluma River.........................  Approximately 400 feet                    +9  City of Petaluma.
                                          south of the
                                          intersection of South
                                          McDowell Boulevard and
                                          Cader Lane.
Laguna de Santa Rosa Creek.............  At downstream side of                    +97  City of Rohnert Park.
                                          Redwood Highway South
                                          (US Route 101).
                                         Approximately 0.80 mile                 +100
                                          upstream of Redwood
                                          Highway South.
Russian River (Area behind Railroad      Approximately 1.5 miles                 +285  Unincorporated Areas of
 Avenue/Kelly Road levees).               downstream of Crocker                         Sonoma County.
                                          Road.
                                         Approximately 1,550 feet                +300
                                          downstream of Crocker
                                          Road.
----------------------------------------------------------------------------------------------------------------
 Depth in feet above ground.
+ North American Vertical Datum.
* National Geodetic Vertical Datum.
                                                    ADDRESSES
City of Petaluma
 
Maps are available for inspection at Petaluma City Hall, 11 English Street, Petaluma, California.
 
City of Rohnert Park
 
Maps available for inspection at the Rohnert Park City Public Works Department, 6750 Commerce Boulevard, Rohnert
 Park, California.
 
City of Santa Rosa
 
Maps are available for inspection at Santa Rosa City Hall, 100 Santa Rosa Avenue, Santa Rosa, California.
 
Unincorporated Areas of Sonoma County
 
Maps are available for inspection at Sonoma County Engineering Division, 2550 Ventura Avenue, Santa Rosa,
 California.
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[[Page 35955]]

 
                               Avery County, North Carolina and Incorporated Areas
                         Docket No.: FEMA-D-7676, FEMA-D-7808, FEMA-B-7746, FEMA-B-7763
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Anthony Creek..........................  Approximately 140 feet                +1,720  Avery County
                                          upstream of Anthony                           (Unincorporated Areas).
                                          Creek Road (SR 1362).
                                         Approximately 1,100 feet              +1,753
                                          upstream of Anthony
                                          Creek Road (SR 1362).
Beech Creek............................  At the confluence with                +2,444  Unincorporated Areas of
                                          Watauga River.                                Avery County.
                                         Approximately 1,100 feet              +2,776
                                          upstream of the
                                          confluence of Buckeye
                                          Creek.
Bill White Creek.......................  At the confluence with                +3,274  Avery County
                                          Linville River.                               (Unincorporated Areas).
                                         Approximately 1.2 miles               +3,331
                                          upstream of the
                                          confluence with Linville
                                          River.
Brushy Creek...........................  At the confluence with                +2,622  Unincorporated Areas of
                                          North Toe River.                              Avery County.
                                         Approximately 2.0 miles               +2,792
                                          upstream of the
                                          confluence with North
                                          Toe River.
Buckeye Creek..........................  At the confluence with                +2,731  Unincorporated Areas of
                                          Beech Creek.                                  Avery County.
                                         Approximately 950 feet                +2,940
                                          upstream of the
                                          confluence of Clingman
                                          Mine Branch.
Cary Flat Branch.......................  At the confluence with                +2,047  Avery County
                                          Wilson Creek.                                 (Unincorporated Areas).
                                         Approximately 720 feet                +2,057
                                          upstream of the
                                          confluence with Wilson
                                          Creek.
Clark Branch...........................  At the confluence with                +3,325  Avery County
                                          Mill Timber Creek.                            (Unincorporated Areas).
                                         Approximately 0.7 mile                +3,362
                                          upstream of East
                                          Crossnore Drive.
Clear Creek............................  At the confluence with                +2,776  Unincorporated Areas of
                                          North Toe River.                              Avery County.
                                         Approximately 1,300 feet              +2,816
                                          upstream of the
                                          confluence with North
                                          Toe River.
Cranberry Creek........................  At the confluence with                +2,898  Unincorporated Areas of
                                          Elk River.                                    Avery County.
                                         Approximately 0.5 mile                +3,113
                                          upstream of Substation
                                          Road.
Crossnore Creek........................  At the confluence with                +3,323  Avery County
                                          Mill Timber Creek.                            (Unincorporated Areas),
                                                                                        Town of Crossnore.
                                         Approximately 60 feet                 +3,408
                                          downstream of Henson
                                          Street.
Curtis Creek...........................  At the confluence with                +3,036  Unincorporated Areas of
                                          Elk River.                                    Avery County.
                                         Approximately 170 feet                +3,249
                                          downstream of Alton
                                          Palmer Road (State Road
                                          1324).
Elk River..............................  At the North Carolina/                +2,693  Unincorporated Areas of
                                          Tennessee state boundary.                     Avery County, Town of
                                                                                        Banner Elk.
                                         Approximately 0.5 mile                +3,673
                                          downstream of Glove
                                          Factory Lane.
Elk River Tributary 1..................  At the North Carolina/                +2,772  Unincorporated Areas of
                                          Tennessee state boundary.                     Avery County.
                                         Approximately 0.7 mile                +3,198
                                          upstream of North
                                          Carolina/Tennessee State
                                          boundary.
Fall Creek.............................  At the confluence with                +2,713  Unincorporated Areas of
                                          Elk River.                                    Avery County.
                                         Approximately 0.8 mile                +3,174
                                          upstream of the
                                          confluence with Elk
                                          River.
Gragg Prong Creek......................  At the confluence with                +1,707  Unincorporated Areas of
                                          Lost Cove Creek.                              Avery County.
                                         Approximately 1,350 feet              +2,199
                                          upstream of the
                                          confluence with Webb
                                          Creek.
Hanging Rock Creek.....................  At the confluence with                +3,658  Unincorporated Areas of
                                          Elk River.                                    Avery County, Town of
                                                                                        Banner Elk.
                                         Approximately 160 feet                +3,848
                                          downstream of Dobbins
                                          Road (State Road 1337).

[[Page 35956]]

 
Harper Creek...........................  At the Avery/Caldwell                 +1,800  Avery County
                                          County boundary.                              (Unincorporated Areas).
                                         At the confluence of                  +1,816
                                          South Harper and North
                                          Harper Creeks.
Henson Creek...........................  At the confluence with                +2,838  Unincorporated Areas of
                                          North Toe River.                              Avery County.
                                         Approximately 700 feet                +3,351
                                          upstream of Henson Creek
                                          Road (State Road 1126).
Horney Creek...........................  At the confluence with                +3,391  Unincorporated Areas of
                                          Elk River.                                    Avery County, Town of
                                                                                        Banner Elk.
                                         Approximately 1,620 feet              +3,586
                                          upstream of Banner Elk
                                          Highway/US-194.
Horse Bottom Creek.....................  At the confluence with                +3,686  Unincorporated Areas of
                                          Hanging Rock Creek.                           Avery County, Town of
                                                                                        Banner Elk.
                                         Approximately 650 feet                +3,774
                                          upstream of Guignard
                                          Lane.
Hull Branch............................  At the confluence of                  +2,279  Avery County
                                          South Harper Creek.                           (Unincorporated Areas).
                                         Approximately 450 feet                +2,285
                                          upstream of the
                                          confluence with South
                                          Harper Creek.
Kentucky Creek.........................  At the confluence with                +3,590  Unincorporated Areas of
                                          North Toe River.                              Avery County, Town of
                                                                                        Newland.
                                         Approximately 0.5 mile                +3,762
                                          upstream of Damon Vance
                                          Lane.
Linville River (downstream)............  Approximately 0.3 mile                +3,206  Avery County
                                          downstream of the Avery/                      (Unincorporated Areas).
                                          Burke County boundary.
                                         Approximately 1.1 miles               +3,573
                                          upstream of River Road.
Linville River (upstream)..............  Approximately 50 feet                 +3,695  Avery County
                                          downstream of Highland                        (Unincorporated Areas),
                                          Mist Road.                                    Village of Grandfather
                                                                                        Village.
                                         At the confluence of Big              +3,834
                                          Grassy Creek.
Little Elk Creek.......................  At the confluence with                +2,865  Unincorporated Areas of
                                          Elk River.                                    Avery County, Town of
                                                                                        Elk Park.
                                         Approximately 0.8 mile                +3,716
                                          upstream of Little Elk
                                          Road (State Road 1173).
Little Elk Creek Tributary 1...........  At the confluence with                +2,897  Unincorporated Areas of
                                          Little Elk Creek.                             Avery County, Town of
                                                                                        Elk Park.
                                         Approximately 140 feet                +3,564
                                          upstream of Brooks Shell
                                          Road (State Road 1171).
Little Elk Creek Tributary 1A..........  At the confluence with                +3,098  Unincorporated Areas of
                                          Little Elk Creek                              Avery County, Town of
                                          Tributary 1.                                  Elk Park.
                                         Approximately 1,420 feet              +3,445
                                          upstream of Brooks Shell
                                          Road (State Road 1171).
Little Elk Creek Tributary 2...........  At the confluence with                +3,037  Unincorporated Areas of
                                          Little Elk Creek.                             Avery County, Town of
                                                                                        Elk Park.
                                         Approximately 260 feet                +3,146
                                          upstream of Cliff Taylor
                                          Lane.
Lost Cove Creek........................  At the Avery/Caldwell                 +1,580  Avery County
                                          County boundary.                              (Unincorporated Areas).
                                         Approximately 2.1 miles               +1,947
                                          upstream of the
                                          confluence with Gragg
                                          Prong Creek.
Mill Timber Creek......................  At the confluence with                +3,315  Avery County
                                          Linville River.                               (Unincorporated Areas).
                                         Approximately 150 feet                +3,362
                                          downstream of U.S. 221.
North Toe River........................  Approximately 1.3 miles               +2,604  Unincorporated Areas of
                                          downstream of the                             Avery County, Town of
                                          confluence of Brushy                          Newland.
                                          Creek.
                                         At the confluence of                  +3,770
                                          Hickorynut Branch.
Plumtree Creek.........................  At the confluence with                +2,865  Unincorporated Areas of
                                          North Toe River.                              Avery County.
                                         Approximately 1.0 mile                +2,957
                                          upstream of US-19.
Roaring Creek..........................  At the confluence with                +2,966  Unincorporated Areas of
                                          North Toe River.                              Avery County.

[[Page 35957]]

 
                                         Approximately 2.7 miles               +4,240
                                          upstream of Roaring
                                          Creek Road (State Road
                                          1132).
Rockhouse Creek........................  At the confluence with                +1,580  Avery County
                                          Lost Cove Creek.                              (Unincorporated Areas).
                                         Approximately 0.5 mile                +1,639
                                          upstream of the Avery/
                                          Caldwell County boundary.
Shawneehaw Creek.......................  Approximately 300 feet                +3,644  Unincorporated Areas of
                                          upstream of the                               Avery County, Town of
                                          confluence with Elk                           Banner Elk.
                                          River.
                                         Approximately 270 feet                +3,962
                                          upstream of Gualtney
                                          Road (State Road 1335).
Shawneehaw Creek Tributary 1...........  At the confluence with                +3,813  Unincorporated Areas of
                                          Shawneehaw Creek.                             Avery County, Town of
                                                                                        Banner Elk.
                                         Approximately 880 feet                +3,871
                                          upstream of Balm Highway/
                                          US-194.
Shoemaker Creek........................  At the confluence with                +3,796  Unincorporated Areas of
                                          Shawneehaw Creek.                             Avery County, Town of
                                                                                        Banner Elk.
                                         Approximately 400 feet                +3,882
                                          upstream of Shoemaker
                                          Road.
South Harper Creek.....................  At the confluence with                +1,816  Avery County
                                          Harper Creek.                                 (Unincorporated Areas).
                                         Approximately 320 feet                +2,284
                                          upstream of the
                                          confluence of Hull
                                          Branch.
Stamey Branch..........................  At the confluence with                +3,263  Avery County
                                          Linville River.                               (Unincorporated Areas).
                                         Approximately 0.6 mile                +3,281
                                          upstream of the
                                          confluence with Linville
                                          River.
Sugar Creek............................  Approximately 150 feet                +3,681  Unincorporated Areas of
                                          upstream of the                               Avery County, Town of
                                          confluence with Elk                           Banner Elk.
                                          River.
                                         Approximately 1,250 feet              +3,727
                                          upstream of Mac Lane.
Threemile Creek........................  At the confluence with                +2,756  Unincorporated Areas of
                                          North Toe River.                              Avery County.
                                         Approximately 0.8 mile                +2,853
                                          upstream of Greenway
                                          Lane.
Trivett Branch.........................  At the North Carolina/                +2,644  Unincorporated Areas of
                                          Tennessee state boundary.                     Avery County.
                                         Approximately 700 feet                +2,995
                                          upstream of the
                                          confluence with Trivett
                                          Branch Tributary 3.
Trivett Branch Tributary 1.............  At the North Carolina/                +2,633  Unincorporated Areas of
                                          Tennessee state boundary.                     Avery County.
                                         Approximately 700 feet                +2,841
                                          upstream of the
                                          confluence of Trivett
                                          Branch Tributary 1A.
Trivett Branch Tributary 1A............  At the confluence with                +2,760  Unincorporated Areas of
                                          Trivett Branch Tributary                      Avery County.
                                          1.
                                         Approximately 720 feet                +2,890
                                          upstream of the
                                          confluence with Trivett
                                          Branch Tributary 1.
Trivett Branch Tributary 2.............  At the confluence with                +2,650  Unincorporated Areas of
                                          Trivett Branch.                               Avery County.
                                         Approximately 1,150 feet              +2,754
                                          upstream of the
                                          confluence with Trivett
                                          Branch.
Trivett Branch Tributary 3.............  At the confluence with                +2,968  Unincorporated Areas of
                                          Trivett Branch.                               Avery County.
                                         Approximately 370 feet                +2,998
                                          upstream of Dark Ridge
                                          Road (State Road 1310).
Watauga River..........................  At the North Carolina/                +2,142  Unincorporated Areas of
                                          Tennessee state boundary.                     Avery County.
                                         At the confluence of                  +2,446
                                          Beech Creek.
Webb Creek.............................  At the confluence with                +2,172  Avery County
                                          Gragg Prong Creek.                            (Unincorporated Areas).
                                         Approximately 475 feet                +2,396
                                          upstream of Webb Creek
                                          Road.
Whitehead Creek........................  At the confluence with                +3,404  Unincorporated Areas of
                                          Elk River.                                    Avery County, Town of
                                                                                        Banner Elk,
                                         Approximately 100 feet                +3,764
                                          upstream of Tumbling
                                          Brook Drive.
West Fork Linville River...............  Approximately 670 feet                +3,684  Avery County
                                          upstream of Joe Hartley                       (Unincorporated Areas).
                                          Road.
                                         Approximately 0.4 mile                +3,712
                                          upstream of Joe Hartley
                                          Road.

[[Page 35958]]

 
Wilson Creek...........................  At the Avery/Caldwell                 +1,670  Avery County
                                          County boundary.                              (Unincorporated Areas).
                                         Approximately 500 feet                +2,056
                                          upstream of the
                                          confluence with Cary
                                          Flat Branch.
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+ North American Vertical Datum.
* National Geodetic Vertical Datum.
 Depth in feet above ground.
                                                    ADDRESSES
 
                                       Avery County (Unincorporated Areas)
 
Maps are available for inspection at the Avery County Courthouse, 100 Montezuma Street, Newland, North Carolina.
 
Town of Banner Elk
 
Maps are available for inspection at the Banner Elk Town Hall, 200 Park Avenue, Banner Elk, North Carolina.
 
Town of Crossnore
 
Maps are available for inspection at the Crossnore Town Hall, 1 Circle Drive, Crossnore, North Carolina.
 
Town of Elk Park
 
Maps are available for inspection at the Elk Park Town Hall, 169 Winters Street, Elk Park North Carolina.
 
Town of Newland
 
Maps are available for inspection at the Newland Town Hall, 301 Cranberry Street, Newland, North Carolina.
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(Catalog of Federal Domestic Assistance No. 97.022, ``Flood 
Insurance.'')

    Dated: June 17, 2008.
David I. Maurstad,
Federal Insurance Administrator of the National Flood Insurance 
Program, Department of Homeland Security, Federal Emergency Management 
Agency.
 [FR Doc. E8-14326 Filed 6-24-08; 8:45 am]
BILLING CODE 9110-12-P