[Federal Register Volume 76, Number 170 (Thursday, September 1, 2011)]
[Proposed Rules]
[Pages 54415-54419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-22443]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2008-0020; Docket No. FEMA-B-1043]


Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Proposed rule; correction.

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SUMMARY: On March 25, 2009, FEMA published in the Federal Register a 
proposed rule that contained an erroneous table. This document provides 
corrections to that table, to be used in lieu of the information 
published. The table provided in this document represents the flooding 
sources, location of referenced elevations, effective and modified 
elevations, and communities affected for Cumberland County, Kentucky, 
and Incorporated Areas. Specifically, it addresses the following 
flooding sources: Bear Creek (backwater effects from Cumberland River), 
Big Renox Creek (backwater effects from Cumberland River), Big 
Whetstone Creek (backwater effects from Cumberland River), Big Willis 
Creek (backwater effects from Cumberland River), Brush Creek (backwater 
effects from Cumberland River), Carter Branch West (backwater effects 
from Cumberland River), Casey Branch (backwater effects from Dale 
Hollow Lake), Cedar Creek North (backwater effects from Cumberland 
River), Clover

[[Page 54416]]

Creek (backwater effects from Cumberland River), Cumberland River, 
Cumberland River Tributary 32 (backwater effects from Cumberland 
River), Cumberland River Tributary 55 (backwater effects from 
Cumberland River), Cumberland River Tributary 57 (backwater effects 
from Cumberland River), Dale Hollow Lake (Obey River), Fanny's Creek 
(backwater effects from Dale Hollow Lake), Galloway Creek (backwater 
effects from Cumberland River), Galloway Creek Tributary 3 (backwater 
effects from Cumberland River), Goose Creek (backwater effects from 
Cumberland River), Haggard Branch (backwater effects from Cumberland 
River), Hendricks Creek (backwater effects from Dale Hollow Lake), Hoot 
Branch (backwater effects from Dale Hollow Lake), Hoot Branch Tributary 
1 (backwater effects from Dale Hollow Lake), Judio Creek (backwater 
effects from Cumberland River), Lewis Creek (backwater effects from 
Cumberland River), Lewis Creek Tributary 5 (backwater effects from 
Cumberland River), Little Whetstone Creek (backwater effects from 
Cumberland River), Little Willis Creek (backwater effects from 
Cumberland River), Little Willis Creek Tributary 1 (backwater effects 
from Cumberland River), Marrowbone Creek (backwater effects from 
Cumberland River), Mud Camp Creek (backwater effects from Cumberland 
River), Otter Creek (backwater effects from Cumberland River), Perry 
Cary Hollow (backwater effects from Cumberland River), Potters Creek 
(backwater effects from Cumberland River), Raft Creek (backwater 
effects from Cumberland River), Riddle Prong (backwater effects from 
Dale Hollow Lake), Sulphur Creek (backwater effects from Dale Hollow 
Lake), and Williams Creek (backwater effects from Dale Hollow Lake).

DATES: Comments are to be submitted on or before November 30, 2011.

ADDRESSES: You may submit comments, identified by Docket No. FEMA-B-
1043, 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-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 74 FR 12807 in the March 25, 
2009, issue of the Federal Register, FEMA published a table under the 
authority of 44 CFR 67.4. The table, entitled ``Cumberland County, 
Kentucky and Incorporated Areas,'' addressed the flooding sources 
Cumberland River and Dale Hollow Lake (Obey River). 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: Bear Creek (backwater effects from 
Cumberland River), Big Renox Creek (backwater effects from Cumberland 
River), Big Whetstone Creek (backwater effects from Cumberland River), 
Big Willis Creek (backwater effects from Cumberland River), Brush Creek 
(backwater effects from Cumberland River), Carter Branch West 
(backwater effects from Cumberland River), Casey Branch (backwater 
effects from Dale Hollow Lake), Cedar Creek North (backwater effects 
from Cumberland River), Clover Creek (backwater effects from Cumberland 
River), Cumberland River Tributary 32 (backwater effects from 
Cumberland River), Cumberland River Tributary 55 (backwater effects 
from Cumberland River), Cumberland River Tributary 57 (backwater 
effects from Cumberland River), Fanny's Creek (backwater effects from 
Dale Hollow Lake), Galloway Creek (backwater effects from Cumberland 
River), Galloway Creek Tributary 3 (backwater effects from Cumberland 
River), Goose Creek (backwater effects from Cumberland River), Haggard 
Branch (backwater effects from Cumberland River), Hendricks Creek 
(backwater effects from Dale Hollow Lake), Hoot Branch (backwater 
effects from Dale Hollow Lake), Hoot Branch Tributary 1 (backwater 
effects from Dale Hollow Lake), Judio Creek (backwater effects from 
Cumberland River), Lewis Creek (backwater effects from Cumberland 
River), Lewis Creek Tributary 5 (backwater effects from Cumberland 
River), Little Whetstone Creek (backwater effects from Cumberland 
River), Little Willis Creek (backwater effects from Cumberland River), 
Little Willis Creek Tributary 1 (backwater effects from Cumberland 
River), Marrowbone Creek (backwater effects from Cumberland River), Mud 
Camp Creek (backwater effects from Cumberland River), Otter Creek 
(backwater effects from Cumberland River), Perry Cary Hollow (backwater 
effects from Cumberland River), Potters Creek (backwater effects from 
Cumberland River), Raft Creek (backwater effects from Cumberland 
River), Riddle Prong (backwater effects from Dale Hollow Lake), Sulphur 
Creek (backwater effects from Dale Hollow Lake), and Williams Creek 
(backwater effects from Dale Hollow Lake). 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 for Cumberland County.

[[Page 54417]]



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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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                               Cumberland County, Kentucky, and Incorporated Areas
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Bear Creek (backwater effects from    From the Cumberland             None         +551  Unincorpor ated Areas
 Cumberland River).                    River confluence to                                of Cumberland County.
                                       approximately 0.9 mile
                                       upstream of the
                                       Cumberland River
                                       confluence.
Big Renox Creek (backwater effects    From the Cumberland             None         +556  Unincorpor ated Areas
 from Cumberland River).               River confluence to                                of Cumberland County.
                                       approximately 0.8 mile
                                       upstream of the
                                       Cumberland River
                                       confluence.
Big Whetstone Creek (backwater        From the Cumberland             None         +562  Unincorpor ated Areas
 effects from Cumberland River).       River confluence to                                of Cumberland County.
                                       approximately 0.5 mile
                                       upstream of the
                                       Cumberland River
                                       confluence.
Big Willis Creek (backwater effects   From the Cumberland             None         +563  Unincorpor ated Areas
 from Cumberland River).               River confluence to                                of Cumberland County.
                                       approximately 1.5
                                       miles upstream of the
                                       Cumberland River
                                       confluence.
Brush Creek (backwater effects from   From the Cumberland             None         +558  Unincorpor ated Areas
 Cumberland River).                    River confluence to                                of Cumberland County.
                                       approximately 0.6 mile
                                       upstream of the
                                       Cumberland River
                                       confluence.
Carter Branch West (backwater         From the Cumberland             None         +540  Unincorpor ated Areas
 effects from Cumberland River).       River confluence to                                of Cumberland County.
                                       approximately 0.6 mile
                                       upstream of the
                                       Cumberland River
                                       confluence.
Casey Branch (backwater effects from  From the Dale Hollow            None         +663  Unincorpor ated Areas
 Dale Hollow Lake).                    Lake confluence to                                 of Cumberland County.
                                       approximately 0.5 mile
                                       upstream of the Dale
                                       Hollow Lake confluence.
Cedar Creek North (backwater effects  From the Cumberland             None         +552  Unincorpor ated Areas
 from Cumberland River).               River confluence to                                of Cumberland County.
                                       approximately 0.7 mile
                                       upstream of the
                                       Cumberland River
                                       confluence.
Clover Creek (backwater effects from  From the Cumberland             None         +550  Unincorpor ated Areas
 Cumberland River).                    River confluence to                                of Cumberland County.
                                       approximately 0.4 mile
                                       upstream of the
                                       Cumberland River
                                       confluence.
Cumberland River....................  Approximately 3,300             None         +533  City of Burkesville,
                                       feet downstream of the                             Unincorpor ated Areas
                                       Judio Creek confluence.                            of Cumberland County.
                                      Approximately 1,500             None         +568
                                       feet upstream of the
                                       Crow Creek confluence.
Cumberland River Tributary 32         From the Cumberland             None         +555  Unincorpor ated Areas
 (backwater effects from Cumberland    River confluence to                                of Cumberland County.
 River).                               approximately 0.6 mile
                                       upstream of the
                                       Cumberland River
                                       confluence.
Cumberland River Tributary 55         From the Cumberland             None         +541  Unincorpor ated Areas
 (backwater effects from Cumberland    River confluence to                                of Cumberland County.
 River).                               approximately 1,900
                                       feet upstream of the
                                       Cumberland River
                                       confluence.
Cumberland River Tributary 57         From the Cumberland             None         +540  Unincorpor ated Areas
 (backwater effects from Cumberland    River confluence to                                of Cumberland County.
 River).                               approximately 0.6 mile
                                       upstream of the
                                       Cumberland River
                                       confluence.
Dale Hollow Lake (Obey River).......  Entire shoreline within         None         +663  Unincorpor ated Areas
                                       community.                                         of Cumberland County.
Fanny's Creek (backwater effects      From the Dale Hollow            None         +633  Unincorpor ated Areas
 from Dale Hollow Lake).               Lake confluence to                                 of Cumberland County.
                                       approximately 1,400
                                       feet upstream of the
                                       Dale Hollow Lake
                                       confluence.
Galloway Creek (backwater effects     From the Cumberland             None         +544  Unincorpor ated Areas
 from Cumberland River).               River confluence to                                of Cumberland County.
                                       approximately 0.5 mile
                                       upstream of the
                                       Cumberland River
                                       confluence.
Galloway Creek Tributary 3            From the Galloway Creek         None         +544  Unincorpor ated Areas
 (backwater effects from Cumberland    confluence to                                      of Cumberland County.
 River).                               approximately 1,400
                                       feet upstream of the
                                       Galloway Creek
                                       confluence.
Goose Creek (backwater effects from   From the Cumberland             None         +555  Unincorpor ated Areas
 Cumberland River).                    River confluence to                                of Cumberland County.
                                       approximately 0.9 mile
                                       upstream of the
                                       Cumberland River
                                       confluence.
Haggard Branch (backwater effects     From the Cumberland             None         +547  Unincorpor ated Areas
 from Cumberland River).               River confluence to                                of Cumberland County.
                                       approximately 0.9 mile
                                       upstream of the
                                       Cumberland River
                                       confluence.
Hendricks Creek (backwater effects    From the Dale Hollow            None         +663  Unincorpor ated Areas
 from Dale Hollow Lake).               Lake confluence to                                 of Cumberland County.
                                       approximately 600 feet
                                       upstream of the Dale
                                       Hollow Lake confluence.
Hoot Branch (backwater effects from   From the Dale Hollow            None         +663  Unincorpor ated Areas
 Dale Hollow Lake).                    Lake confluence to                                 of Cumberland County.
                                       approximately 950 feet
                                       upstream of the Dale
                                       Hollow Lake confluence.

[[Page 54418]]

 
Hoot Branch Tributary 1 (backwater    From the Hoot Branch            None         +663  Unincorpor ated Areas
 effects from Dale Hollow Lake).       confluence to                                      of Cumberland County.
                                       approximately 1,000
                                       feet upstream of the
                                       Hoot Branch confluence.
Judio Creek (backwater effects from   From the Cumberland             None         +533  Unincorpor ated Areas
 Cumberland River).                    River confluence to                                of Cumberland County.
                                       approximately 0.7 mile
                                       upstream of the
                                       Cumberland River
                                       confluence.
Lewis Creek (backwater effects from   From the Cumberland             None         +554  Unincorpor ated Areas
 Cumberland River).                    River confluence to                                of Cumberland County.
                                       approximately 1.6
                                       miles upstream of the
                                       Cumberland River
                                       confluence.
Lewis Creek Tributary 5 (backwater    From the Lewis Creek            None         +554  City of Burkesville,
 effects from Cumberland River).       confluence to                                      Unincorpor ated Areas
                                       approximately 1,200                                of Cumberland County.
                                       feet upstream of the
                                       Lewis Creek confluence.
Little Whetstone Creek (backwater     From the Cumberland             None         +562  Unincorpor ated Areas
 effects from Cumberland River).       River confluence to                                of Cumberland County.
                                       approximately 0.5 mile
                                       upstream of the
                                       Cumberland River
                                       confluence.
Little Willis Creek (backwater        From the Big Willis             None         +563  Unincorpor ated Areas
 effects from Cumberland River).       Creek confluence to                                of Cumberland County.
                                       approximately 0.7 mile
                                       upstream of the Big
                                       Willis Creek
                                       confluence.
Little Willis Creek Tributary 1       From the Little Willis          None         +563  Unincorpor ated Areas
 (backwater effects from Cumberland    Creek confluence to                                of Cumberland County.
 River).                               approximately 800 feet
                                       upstream of the Little
                                       Willis Creek
                                       confluence.
Marrowbone Creek (backwater effects   From the Cumberland             None         +547  Unincorpor ated Areas
 from Cumberland River).               River confluence to                                of Cumberland County.
                                       approximately 1,200
                                       feet upstream of the
                                       Cumberland River
                                       confluence.
Mud Camp Creek (backwater effects     From the Cumberland             None         +539  Unincorpor ated Areas
 from Cumberland River).               River confluence to                                of Cumberland County.
                                       approximately 1.1
                                       miles upstream of the
                                       Cumberland River
                                       confluence.
Otter Creek (backwater effects from   From the Cumberland             None         +551  Unincorpor ated Areas
 Cumberland River).                    River confluence to                                of Cumberland County.
                                       approximately 0.5 mile
                                       upstream of the
                                       Cumberland River
                                       confluence.
Perry Cary Hollow (backwater effects  From the Cumberland             None         +534  Unincorpor ated Areas
 from Cumberland River).               River confluence to                                of Cumberland County.
                                       approximately 1,600
                                       feet upstream of the
                                       Cumberland River
                                       confluence.
Potters Creek (backwater effects      From the Cumberland             None         +545  Unincorpor ated Areas
 from Cumberland River).               River confluence to                                of Cumberland County.
                                       approximately 0.7 mile
                                       upstream of the
                                       Cumberland River
                                       confluence.
Raft Creek (backwater effects from    From the Cumberland             None         +551  Unincorpor ated Areas
 Cumberland River).                    River confluence to                                of Cumberland County.
                                       approximately 0.4 mile
                                       upstream of the
                                       Cumberland River
                                       confluence.
Riddle Prong (backwater effects from  From the Dale Hollow            None         +663  Unincorpor ated Areas
 Dale Hollow Lake).                    Lake confluence to                                 of Cumberland County.
                                       approximately 0.6 mile
                                       upstream of the Dale
                                       Hollow Lake confluence.
Sulphur Creek (backwater effects      From the Dale Hollow            None         +663  Unincorpor ated Areas
 from Dale Hollow Lake).               Lake confluence to                                 of Cumberland County.
                                       approximately 0.6 mile
                                       upstream of the Dale
                                       Hollow Lake confluence.
Williams Creek (backwater effects     From the Dale Hollow            None         +633  Unincorpor ated Areas
 from Dale Hollow Lake).               Lake confluence to                                 of Cumberland County.
                                       approximately 0.5 mile
                                       upstream of the Dale
                                       Hollow Lake 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 Burkesville
Maps are available for inspection at City Hall, 214 Upper River Street, Burkesville, KY 42717.
 
Unincorporated Areas of Cumberland County
Maps are available for inspection at the Cumberland County Courthouse, 600 Courthouse Square, Burkesville, KY
 42717.
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[[Page 54419]]

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood 
Insurance.'')


    Dated: August 19, 2011.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation, 
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2011-22443 Filed 8-31-11; 8:45 am]
BILLING CODE 9110-12-P