[Federal Register Volume 76, Number 146 (Friday, July 29, 2011)]
[Proposed Rules]
[Pages 45488-45491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-19243]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-B-1007]


Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Proposed rule; correction.

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SUMMARY: On September 25, 2008, FEMA published in the Federal Register 
a proposed rule that contained an erroneous table. This notice provides 
corrections to that table, to be used in lieu of the information 
published at 73 FR 55469. The table provided here represents the 
flooding sources, location of referenced elevations, effective and 
modified elevations, and communities affected for Henderson County, 
Kentucky, and Incorporated Areas. Specifically, it addresses the 
flooding sources Canoe Creek, Canoe Creek Tributary 1 (backwater 
effects from Ohio River), Cash Creek (backwater effects from Ohio 
River), Elam Ditch, Elam Ditch Tributary 1, Elam Ditch Tributary 1.1 
(backwater effects from Elam Ditch Tributary 1), Elam Ditch Tributary 
2, Elam Ditch Tributary 3, Elam Ditch Tributary 4 (backwater effects 
from Elam Ditch), Elam Ditch Tributary 8 (backwater effects from Elam 
Ditch), Grane Creek (backwater effects from Ohio River), Grane Creek 
Tributary 1 (backwater effects from Ohio River), Grane Creek Tributary 
5 (backwater effects from Ohio River), Kimsey Lane Left Tributary, 
Kimsey Lane Right Tributary, Lick Creek (backwater effects from Ohio 
River), Lick Creek Tributary 2 (backwater effects from Ohio River), 
Lick Creek Tributary 2.1 (backwater effects from Ohio River), Lick 
Creek Tributary 4 (backwater effects from Ohio River), Middle Canoe 
Creek, North Fork Canoe Creek, Ohio River, Old Knoblick Road Creek 
(backwater effects from Ohio River), Pond Creek (overflow effects from 
Ohio River), Pond Creek Tributary 6 (overflow effects from Ohio River), 
Race Creek (backwater effects from Ohio River), Sellers Ditch, Sputzman 
Creek (backwater effects from Ohio River), Sputzman Creek Tributary 1 
(backwater effects from Ohio River), Sputzman Creek Tributary 2 
(backwater effects from Ohio River), Sugar Creek (backwater effects 
from Ohio River), Tiger Ditch (formerly Highway 812 Tributary), Tiger 
Ditch Tributary 1, and Upper Canoe Creek.

DATES: Comments are to be submitted on or before October 27, 2011.

ADDRESSES: You may submit comments, identified by Docket No. FEMA-B-
1007, to Luis Rodriguez, Chief, Engineering Management Branch, Federal 
Insurance and Mitigation Administration, Federal Emergency Management 
Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-4064 or (e-
mail) [email protected].

FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering 
Management Branch, Federal Insurance and Mitigation Administration, 
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 
20472, (202) 646-4064 or (e-mail) [email protected].

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency 
(FEMA) publishes proposed determinations of Base (1% annual-

[[Page 45489]]

chance) Flood Elevations (BFEs) and modified BFEs for communities 
participating in the National Flood Insurance Program (NFIP), 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 minimum requirements. 
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 
also are used to calculate the appropriate flood insurance premium 
rates for new buildings built after these elevations are made final, 
and for the contents in those buildings.

Corrections

    In the Proposed Rule published at 73 FR 55469 in the September 25, 
2008, issue of the Federal Register, FEMA published a table under the 
authority of 44 CFR 67.4. The table, entitled ``Henderson County, 
Kentucky, and Incorporated Areas'' addressed the following flooding 
sources: Canoe Creek, Elam Ditch, Elam Ditch Tributary 1, Elam Ditch 
Tributary 2, Elam Ditch Tributary 3, Kimsey Lane Left Tributary, Kimsey 
Lane Right Tributary, Middle Canoe Creek, North Fork Canoe Creek, 
Sellers Ditch, Tiger Ditch (Formerly Highway 812 Tributary), Tiger 
Ditch Tributary 1 and Upper Canoe Creek. That table contained 
inaccurate information as to the location of referenced elevation, 
effective and modified elevation in feet, and/or communities affected 
for those flooding sources: In addition, it did not include the 
following flooding sources: Canoe Creek Tributary 1 (backwater effects 
from Ohio River), Cash Creek (backwater effects from Ohio River), Elam 
Ditch Tributary 1.1 (backwater effects from Elam Ditch Tributary 1), 
Elam Ditch Tributary 4 (backwater effects from Elam Ditch), Elam Ditch 
Tributary 8 (backwater effects from Elam Ditch), Grane Creek (backwater 
effects from Ohio River), Grane Creek Tributary 1 (backwater effects 
from Ohio River), Grane Creek Tributary 5 (backwater effects from Ohio 
River), Lick Creek (backwater effects from Ohio River), Lick Creek 
Tributary 2 (backwater effects from Ohio River), Lick Creek Tributary 
2.1 (backwater effects from Ohio River), Lick Creek Tributary 4 
(backwater effects from Ohio River), Ohio River, Old Knoblick Road 
Creek (backwater effects from Ohio River), Pond Creek (overflow effects 
from Ohio River), Pond Creek Tributary 6 (overflow effects from Ohio 
River), Race Creek (backwater effects from Ohio River), Sputzman Creek 
(backwater effects from Ohio River), Sputzman Creek Tributary 1 
(backwater effects from Ohio River), Sputzman Creek Tributary 2 
(backwater effects from Ohio River), and Sugar Creek (backwater effects 
from Ohio River). In this notice, FEMA is publishing a table containing 
the accurate information, to address these prior errors. The 
information provided below should be used in lieu of that previously 
published.

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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
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                               Henderson County, Kentucky, and Incorporated Areas
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Canoe Creek.........................  At the upstream side of         None         +376  City of Henderson,
                                       U.S. Route 41.                                     Unincorporated Areas
                                                                                          of Henderson County.
                                      At the Elam Ditch               None         +383
                                       confluence.
Canoe Creek Tributary 1 (backwater    From approximately 500          None         +376  City of Henderson,
 effects from Ohio River).             feet upstream of the                               Unincorporated Areas
                                       Canoe Creek confluence                             of Henderson County.
                                       to approximately 900
                                       feet upstream of KY-
                                       136.
Cash Creek (backwater effects from    From the Green River            None         +386  Unincorporated Areas of
 Ohio River).                          confluence to                                      Henderson County.
                                       approximately 800 feet
                                       upstream of Griffin
                                       and Griffin Road.
Elam Ditch..........................  At the Canoe Creek              None         +383  Unincorporated Areas of
                                       confluence.                                        Henderson County.
                                      At Airline Road (KY-            None         +393
                                       812).
Elam Ditch Tributary 1..............  At the Elam Ditch               None         +384  Unincorporated Areas of
                                       confluence.                                        Henderson County.
                                      Approximately 1,250             None         +395
                                       feet downstream of Toy
                                       Anthoston Road (KY-
                                       2677).
Elam Ditch Tributary 1.1 (backwater   From the Elam Ditch             None         +384  Unincorporated Areas of
 effects from Elam Ditch Tributary     Tributary 1 confluence                             Henderson County.
 1).                                   to approximately 1,200
                                       feet upstream of the
                                       Elam Ditch Tributary 1
                                       confluence.
Elam Ditch Tributary 2..............  At the Elam Ditch               None         +384  Unincorporated Areas of
                                       confluence.                                        Henderson County.
                                      At the downstream side          None         +395
                                       of Airline Road (KY-
                                       812).
Elam Ditch Tributary 3..............  At the Elam Ditch               None         +384  Unincorporated Areas of
                                       confluence.                                        Henderson County.
                                      At the downstream side          None         +389
                                       of Toy Anthoston Road.
Elam Ditch Tributary 4 (backwater     From the Elam Ditch             None         +383  Unincorporated Areas of
 effects from Elam Ditch).             confluence to                                      Henderson County.
                                       approximately 0.5 mile
                                       upstream of the Elam
                                       Ditch confluence.

[[Page 45490]]

 
Elam Ditch Tributary 8 (backwater     From the Elam Ditch             None         +393  Unincorporated Areas of
 effects from Elam Ditch).             confluence to                                      Henderson County.
                                       approximately 1,100
                                       feet upstream of the
                                       Elam Ditch confluence.
Grane Creek (backwater effects from   From approximately              None         +386  Unincorporated Areas of
 Ohio River).                          1,200 feet downstream                              Henderson County.
                                       of Quinns Landing Road
                                       to approximately 1.0
                                       mile upstream of
                                       Quinns Landing Road.
Grane Creek Tributary 1 (backwater    From approximately 0.2          None         +386  Unincorporated Areas of
 effects from Ohio River).             mile downstream of                                 Henderson County.
                                       Quinns Landing Road to
                                       the upstream side of
                                       Quinns Landing Road.
Grane Creek Tributary 5 (backwater    From the Grane Creek            None         +386  City of Robards,
 effects from Ohio River).             confluence to                                      Unincorporated Areas
                                       approximately 1,800                                of Henderson County.
                                       feet upstream of the
                                       Grane Creek confluence.
Kimsey Lane Left Tributary..........  At the North Fork Canoe         +387         +388  City of Henderson,
                                       Creek confluence.                                  Unincorporated Areas
                                                                                          of Henderson County.
                                      Approximately 750 feet          +387         +388
                                       upstream of Van Wyk
                                       Road.
Kimsey Lane Right Tributary.........  At the North Fork Canoe         +387         +388  City of Henderson,
                                       Creek confluence.                                  Unincorporated Areas
                                                                                          of Henderson County.
                                      At Kimsey Lane (KY-             +387         +388
                                       6112).
Lick Creek (backwater effects from    From the upstream side          None         +383  Unincorporated Areas of
 Ohio River).                          of Sportsville-Bluff                               Henderson County.
                                       City Road to
                                       approximately 1.1
                                       miles downstream of
                                       Zion Rd.
Lick Creek Tributary 2 (backwater     From the Lick Creek             None         +383  Unincorporated Areas of
 effects from Ohio River).             confluence to the                                  Henderson County.
                                       downstream side of
                                       Zion Road.
Lick Creek Tributary 2.1 (backwater   From the Lick Creek             None         +383  Unincorporated Areas of
 effects from Ohio River).             Tributary 2 confluence                             Henderson County.
                                       to approximately 1,600
                                       feet upstream of the
                                       Lick Creek Tributary 2
                                       confluence.
Lick Creek Tributary 4 (backwater     From the Lick Creek             None         +383  Unincorporated Areas of
 effects from Ohio River).             confluence to                                      Henderson County.
                                       approximately 0.9 mile
                                       upstream of the Lick
                                       Creek confluence.
Middle Canoe Creek..................  At the Sellers Ditch            +379         +382  City of Henderson,
                                       confluence.                                        Unincorporated Areas
                                                                                          of Henderson County.
                                      At the Elam Ditch               +380         +382
                                       confluence.
North Fork Canoe Creek..............  At the Canoe Creek              +378         +382  City of Henderson,
                                       confluence.                                        Unincorporated Areas
                                                                                          of Henderson County.
                                      Approximately 4,000             +387         +389
                                       feet upstream of
                                       Kimsey Lane (KY-6112).
Ohio River..........................  Approximately 2.4 miles         +371         +372  City of Henderson,
                                       upstream of the                                    Unincorporated Areas
                                       northwest county                                   of Henderson County.
                                       boundary (at River
                                       Mile Marker 829.7).
                                      Approximately 5.0 miles         +385         +386
                                       upstream of the
                                       northeast county
                                       boundary (at River
                                       Mile Marker 766.5).
Old Knoblick Road Creek (backwater    From approximately 0.6          None         +386  Unincorporated Areas of
 effects from Ohio River).             mile downstream of                                 Henderson County.
                                       Knoblick Road to
                                       approximately 800 feet
                                       downstream of Knoblick
                                       Road.
Pond Creek (overflow effects from     At the downstream side          +371         +372  Unincorporated Areas of
 Ohio River).                          of Gray-Aldridge Road.                             Henderson County.
                                      Approximately 0.9 mile          None         +373
                                       upstream of Martin and
                                       Martin Road.
Pond Creek Tributary 6 (overflow      At the Pond Creek               None         +373  Unincorporated Areas of
 effects from Ohio River).             confluence.                                        Henderson County.
                                      Approximately 600 feet          None         +374
                                       downstream of KY-268.
Race Creek (backwater effects from    From the Green River            None         +381  Unincorporated Areas of
 Ohio River).                          confluence to                                      Henderson County.
                                       approximately 200 feet
                                       upstream of KY-1078.
Sellers Ditch.......................  At the Canoe Creek              +377         +376  Unincorporated Areas of
                                       confluence.                                        Henderson County.
                                      Approximately 200 feet          +379         +382
                                       upstream of Old
                                       Madison Road.
Sputzman Creek (backwater effects     From approximately 0.8          None         +386  Unincorporated Areas of
 from Ohio River).                     mile upstream of the                               Henderson County.
                                       Green River confluence
                                       to approximately 2.0
                                       miles upstream of the
                                       Green River confluence.

[[Page 45491]]

 
Sputzman Creek Tributary 1            From the Sputzman Creek         None         +386  Unincorporated Areas of
 (backwater effects from Ohio River).  confluence to                                      Henderson County.
                                       approximately 1.2
                                       miles upstream of the
                                       Sputzman Creek
                                       confluence.
Sputzman Creek Tributary 2            From the Sputzman Creek         None         +386  Unincorporated Areas of
 (backwater effects from Ohio River).  confluence to                                      Henderson County.
                                       approximately 0.6
                                       miles upstream of
                                       Sputzman Creek.
Sugar Creek (backwater effects from   From the Ohio River             +377         +376  City of Henderson.
 Ohio River).                          confluence to
                                       approximately 1,700
                                       feet upstream of the
                                       Ohio River confluence.
Tiger Ditch (formerly Highway 812     At the North Fork Canoe         +379         +382  City of Henderson,
 Tributary).                           Creek confluence.                                  Unincorporated Areas
                                                                                          of Henderson County.
                                      Approximately 150 feet          None         +391
                                       downstream of Zion
                                       Road.
Tiger Ditch Tributary 1.............  At the Tiger Ditch              None         +385  City of Henderson,
                                       (formerly Highway 812                              Unincorporated Areas
                                       Tributary) confluence.                             of Henderson County.
                                      At the downstream side          None         +390
                                       of Adams Lane.
Upper Canoe Creek...................  At the Sellers Ditch            +379         +382  Unincorporated Areas of
                                       confluence.                                        Henderson County.
                                      Approximately 3,800             +382         +385
                                       feet upstream of the
                                       East Fork Canoe Creek
                                       confluence.
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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 Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
 
                                                    ADDRESSES
 
City of Henderson
Maps are available for inspection at 222 1st Street, Henderson, KY 42419.
 
City of Robards
Maps are available for inspection at 20 North Main Street, Henderson, KY 42420.
 
                                    Unincorporated Areas of Henderson County
Maps are available for inspection at 20 North Main Street, Henderson, KY 42420.
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(Catalog of Federal Domestic Assistance No. 97.022, ``Flood 
Insurance.'')

    Dated: July 15, 2011.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation, 
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2011-19243 Filed 7-28-11; 8:45 am]
BILLING CODE 9110-12-P