[Federal Register Volume 74, Number 94 (Monday, May 18, 2009)]
[Rules and Regulations]
[Pages 23117-23120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11513]


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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
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  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]
BILLING CODE 9110-12-P