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 Department of Homeland Security Federal Emergency Management Agency 44 CFR Part 67
[Docket ID FEMA-2008-0020]
 AGENCY: Federal Emergency Management Agency, DHS.
 ACTION: Final rule.
 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 
                    ( print page 12660)
                    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
 Accordingly, 44 CFR part 67 is amended as follows: PART 67—[AMENDED]
 1.The authority citation for part 67 continues to read as follows: Authority:
                        42 U.S.C. 4001 
                            *et seq.*; Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. § 67.11
 2.The tables published under the authority of § 67.11 are amended as follows: State
City/town/county
Source off looding
Location
*Elevation in feet(NGVD)
                                 +Elevation in feet (NAVD) 
                                 #Depth in feet above ground 
                                 Modified**City of Norfolk, Virginia FEMA Docket No.: B-1002**Virginia
City of Norfolk
Chesapeake Bay
Approximately 320 feet north of the intersection of Ocean Avenue and 20th Street
+9.1Virginia
City of Norfolk
Eastern Branch Elizabeth River
Approximately 500 feet southwest of Atlantic Street and Waterfront Avenue.
+9.1Virginia
City of Norfolk
Elizabeth River
Approximately 1650 feet west of the intersection of Redgate Avenue and Norfolk Southern Railroad Yard Access Road
+9.1Approximately at the waterfront edge of the Norfolk and Southern Railyard.
+9.1* National Geodetic Vertical Datum.# Depth in feet above ground.+ North American Vertical Datum.**ADDRESSES****City of Norfolk**Maps are available for inspection at 400 Granby StreetS, Norfolk, VA 23510.
 Flooding source(s)
Location of referenced elevation
*Elevation in feet (NGVD)
                                 +Elevation in feet (NAVD) 
                                 # Depth in feet above ground 
                                 Modified
Communities affected**Trinity County, California and Incorporated Areas, Docket No.: FEMA-B-7762**Carter Gulch
At the confluence with Hayfork Creek
*2,304
Unincorporated Areas of Trinity County.Approximately 960 feet upstream of Highway 3
*2,340Ewing Gulch
At the confluence with Hayfork Creek
*2,305
Unincorporated Areas of Trinity County.Approximately 770 feet upstream of State Highway 3
*2,343Hayfork Creek
Approximately 260 feet downstream of the confluence of Salt Creek
*2,280
Unincorporated Areas of Trinity County.Approximately 300 feet upstream of Bridge Street
*2,322Kellogg Gulch
At the confluence with Hayfork Creek
*2,302
Unincorporated Areas of Trinity County.Approximately 980 feet upstream of State Highway 3
*2,343# Depth in feet above ground.* National Geodetic Vertical Datum.+ North American Vertical Datum.**ADDRESSES****Unincorporated Areas of Trinity County**Maps are available for inspection at the Trinity County Planning Department and Planning Commission, 61 Airport Road, Weaverville, California.( print page 12661)**Oconee County, Georgia, and Incorporated Areas, FEMA Docket No.: B-7794**Calls Creek
Approximately 3,100 feet downstream of U.S. Highway 441/State Highway 15
+612
Unincorporated Areas of Oconee County, City of Watkinsville.At U.S. Highway 441/U.S. Highway 129 Bypasses/State Highway 24/186
+669Lampkin Branch
At confluence with Calls Creek
+637
City of Watkinsville.Approximately 1,280 feet upstream of confluence with Calls Creek
+642Porters Creek
At confluence with Oconee River
+527
Unincorporated Areas of Oconee County.Approximately 550 feet upstream of confluence with Oconee River
+527* National Geodetic Vertical Datum.# Depth in feet above ground.+ North American Vertical Datum.**ADDRESSES****City of Watkinsville**Maps are available for inspection at City Hall, 191 VFW Drive, Watkinsville, GA 30677.**Unincorporated Areas of Oconee County**Maps are available for inspection at Oconee County Planning Department, 22 North Main Street, Watkinsville, GA 30677.**McCreary County, Kentucky, and Incorporated Areas, FEMA Docket No.: B-7787**South Fork Cumberland River
At confluence with Cooper Creek (At north western county boundary)
+760
Unincorporated Areas of McCreary County.Approximately 8,000 feet upstream Alum Creek
+760* National Geodetic Vertical Datum.# Depth in feet above ground.+ North American Vertical Datum.**ADDRESSES****Unincorporated Areas of Mccreary County**Maps are available for inspection at 1 N Main St, Whitley City, KY 42563.**Union County, Kentucky, and Incorporated Areas FEMA Docket No.: B-7794**Ohio River
At confluence with Tradewater River (At Union County/Crittenden County boundary)
+362
Town of Uniontown, Unincorporated Areas of Union County.Approximately at 9.9 miles upstream confluence with Higland Creek (At Union County/Henderson County)
+371* National Geodetic Vertical Datum.# Depth in feet above ground.+ North American Vertical Datum.**ADDRESSES****Town of Uniontown**Maps are available for inspection at Third and Main Streets, Uniontown, KY 42461.**Unincorporated Areas of Union County**Maps are available for inspection at 100 West Main Street, Morganfield, KY 42437.**Wayne County, Kentucky and Incorporated Areas, FEMA Docket No.: B-7794**Lake Cumberland
At Wolfe Creek Dam
+760
City of Monticello, Unincorporated Areas of Wayne County.Approximately at 7,600 feet upstream Dugger Branch (North eastern county boundary)
+760* National Geodetic Vertical Datum.# Depth in feet above ground.+ North American Vertical Datum.**ADDRESSES****City of Monticello**Maps are available for inspection at 157 South Main Street, Monticello, KY 42633.**Unincorporated Areas of Wayne County**( print page 12662)Maps are available for inspection at 109 N. Main St., Monticello, KY 42633.**Alleghany County, North Carolina and Incorporated Areas, Docket No.: FEMA-B-1004**Bledsoe Creek
At the confluence with Little River
+2,752
Alleghany County, Town of Sparta.Approximately 920 feet upstream of Green Needles Lane
+2,919Bledsoe Creek Tributary 1
At the confluence with Bledsoe Creek
+2,759
Town of Sparta.Approximately 110 feet upstream of Cherry Street
+2,896Brush Creek
At the confluence with Little River
+2,443
Alleghany County.Approximately 1.6 miles upstream of Fox Ridge Road.
+2,522Crab Creek
At the confluence with Little River
+2,337
Alleghany County.Approximately 0.6 mile upstream of the confluence with Little River
+2,366Cranberry Creek
At the Alleghany/Ashe County boundary
+2,739
Alleghany County.Approximately 850 feet upstream of the Alleghany/Ashe County boundary
+2,743Glade Creek
At the confluence with Little River
+2,499
Alleghany County.Approximately 1.4 miles upstream of the confluence of Glade Creek Tributary 2
+2,529Glade Creek Tributary 1
At the confluence with Glade Creek
+2,501
Alleghany County.Approximately 0.4 mile upstream of Fox Den Lane
+2,565Glade Creek Tributary 2
At the confluence with Glade Creek
+2,509
Alleghany County.Approximately 0.8 mile upstream of the confluence with Glade Creek
+2,579Little River
Approximately 1,100 feet downstream of the confluence of Crab Creek
+2,333
Alleghany County, Town of Sparta.Approximately 1.0 mile upstream of the confluence of Little River Tributary 2
+2,851Little River Tributary 1
At the confluence with Little River
+2,587
Alleghany County.Approximately 1,950 feet upstream of the confluence with Little River
+2,660Little River Tributary 2
At the confluence with Little River
+2,829
Alleghany County, Town of Sparta.Approximately 0.7 mile upstream of the confluence with Little River
+2,905Moccasin Creek
At the confluence with Little River
+2,431
Alleghany County.Approximately 0.6 mile upstream of the confluence with Little River
+2,480New River
Approximately 0.4 mile downstream of the confluence with New River Tributary 1
+2,318
Alleghany County.At the confluence of South Fork New River and North Fork New River
+2,487New River Tributary 1
Approximately 200 feet upstream of the confluence with New River
+2,319
Alleghany County.Approximately 0.7 mile upstream of the confluence with New River
+2,364New River Tributary 2
At the confluence with New River
+2,339
Alleghany County.Approximately 1,720 feet upstream of Riverwood Lane
+2,390Pine Swamp Creek
At the confluence with Little River
+2,803
Alleghany County.Approximately 0.7 mile upstream of Grandview Drive (State Road 1172)
+2,818South Fork New River
At the confluence with New River
+2,487
Alleghany County.Approximately 1.4 miles upstream of the confluence of South Fork New River Tributary 2
+2,526South Fork New River Tributary 1
At the confluence with South Fork New River
+2,509
Alleghany County.Approximately 0.5 mile upstream of the confluence with South Fork New River
+2,535South Fork New River Tributary 2
At the confluence with South Fork New River
+2,516
Alleghany County.Approximately 0.7 mile upstream of the confluence with South Fork New River
+2,572Vile Creek
At the confluence with Little River
+2,674
Alleghany County, Town of Sparta.Approximately 1,660 feet upstream of NC Highway 18
+2,759( print page 12663)Vile Creek Tributary 1
At the confluence with Vile Creek
+2,695
Alleghany County, Town of Sparta.Approximately 0.4 mile upstream of the confluence with Vile Creek
+2,751# Depth in feet above ground.* National Geodetic Vertical Datum.+ North American Vertical Datum.**ADDRESSES****Alleghany County**Maps are available for inspection at Alleghany County Planning Department, County Administration Building, 348 South Main Street, Sparta, North Carolina.**Town of Sparta**Maps are available for inspection at Sparta Town Hall, 304 South Main Street, Sparta, North Carolina.**Hanson County, South Dakota and Incorporated Areas, FEMA Docket No.: B1014**James River
1,050 feet upstream from 262nd St
+1215
Unincorporated Areas of Hanson County.540 feet upstream from Interstate 90
+1223* National Geodetic Vertical Datum.# Depth in feet above ground.+ North American Vertical Datum.**ADDRESSES****Unincorporated Areas of Hanson County**Maps are available for inspection at P.O. Box 500, Alexandria, SD 57311.**Hutchinson County, South Dakota, and Incorporated Areas, FEMA Docket No.: B-7796**James River
Approximately 50 feet upstream of Maxwell Road
+1189
Unincorporated Areas of Hutchinson County, Town of Olivet.Approximately 2,600 feet downstream of 269th Street
+1210* National Geodetic Vertical Datum.# Depth in feet above ground.+ North American Vertical Datum.**ADDRESSES****Town of Olivet**Maps are available for inspection at P.O. Box 490, Parkston, SD 57366.**Unincorporated Areas of Hutchinson County**Maps are available for inspection at P.O. Box 490, Parkston, SD 57366.**Lake County, South Dakota and Incorporated Areas FEMA Docket No.: B-1016**Park Creek
1,720 feet downstream of 4th Street S.
+1657
City of Madison.75 feet upstream from Washington Ave N.
+167150 feet upstream of 9th Street NE.
+1684Park Creek Tributary
150 feet downstream from Union Ave.
+1681
City of Madison.150 feet upstream from Chicago Ave.
+168450 feet upstream of U.S. Highway 81
+1695Silver Creek
At confluence with Park Creek
+1659
City of Madison.100 feet downstream from Egan Ave.
+166550 feet upstream of Highland Avenue.
+1671* National Geodetic Vertical Datum.# Depth in feet above ground.+ North American Vertical Datum.**ADDRESSES****City of Madison**Maps are available for inspection at 116 W Center, Madison, SD 57042.**Minnehaha County, South Dakota and Incorporated Areas, FEMA Docket No.: B-7781**Big Sioux River
Approximately 7,120 feet downstream from South Dakota Highway 42
+1286
Unincorporated Areas of Minnehaha County.Approximately 1,000 feet downstream from South Dakota Highway 42
+1289( print page 12664)Big Sioux River
Approximately 2,500 feet downstream from Burlington Northern Santa Fe Railroad
+1305
City of Sioux Falls, Unincorporated Areas of Minnehaha County.Approximately 1,000 feet downstream from West 60th Street
+1431Cherry Creek
Approximately 70 feet downstream from South Sertoma Avenue
+1434
City of Sioux Falls, Unincorporated Areas of Minnehaha County.Approximately 1,000 feet upstream from East 266th Street
+1458Skunk Creek
2,750 feet downstream from Interstate 29
+1422
City of Sioux Falls, Unincorporated Areas of Minnehaha County.Approximately 50 feet downstream from South 467th Avenue
+1459Willow Creek
Approximately 1,130 feet upstream from North Lamesa Drive
+1438
Unincorporated Areas of Minnehaha County, City of Sioux Falls.Approximately 1,300 feet upstream from Highway 38
+1475* National Geodetic Vertical Datum.# Depth in feet above ground.+ North American Vertical Datum.**ADDRESSES****City of Sioux Falls**Maps are available for inspection at 224 West 9th Street, P.O. Box 7402, Sioux Falls, SD 57117-7402.**Unincorporated Areas of Minnehaha County**Maps are available for inspection at County Administration Building, 415 N. Dakota Avenue, Sioux Falls, SD 57106.**Comal County, Texas and Incorporated Areas, FEMA Docket Nos.: B-7736 and D-7820**Alligator Creek
Approximately 4,500 feet downstream from the intersection with FM 1101 Road
+643
City of New Braunfels.Intersection with Hoffman Lane
+717Alligator Creek Tributary No. 6
Confluence with Alligator Creek
+715
City of New Braunfels, Unincorporated Areas of Comal County.Intersection with FM 306
+795Bear Creek (Dry Comal Watershed)
Confluence of Bear Creek and Dry Comal Watershed
+730
City of Garden Ridge, Unincorporated Areas of Comal County.Confluence of Bear Creek and Bear Creek Tributary 14
+831Blieder's Creek
Intersection with River Road
+663
City of New Braunfels, Unincorporated Areas of Comal County.Intersection with Schoenthal Road
+892Bracken Tributary
Confluence with Cibolo Creek
+772
City of Garden Ridge, Unincorporated Areas of Comal County.Approximately 2,075 feet upstream from the intersection with Garden North Drive
+899Cibolo Creek
Intersection with Lookout Road
+763
Unincorporated Areas of Comal County, City of Fair Oaks Ranch, City of Selma.Approximately 1.1 mile upstream from the confluence with Postoak Creek
+1276Dry Comal Creek
At Altgelt Lane
+646
City of New Braunfels, Unincorporated Areas of Comal County.Confluence of West Fork Dry Comal Creek and Upper Comal Creek
+780Garden Ridge Tributary
Confluence of HID Tributary of Garden Ridge Tributary and Garden Ridge Tributary
+784
City of Garden Ridge, Unincorporated Areas of Comal County.Intersection with Water Wood Drive
+903Guadalupe River (Lower Reach)
Approximately 300 feet upstream from the intersection with Missouri Kansas Texas Railroad
+634
Unincorporated Areas of Comal County.Confluence with Canyon Dam Emergency Spillway Channel
+760West Fork Tributary
Confluence with West Fork Dry Comal Creek
+799
Unincorporated Areas of Comal County.( print page 12665)Approximately 774 feet downstream of Schoenthal Rd.
+852* National Geodetic Vertical Datum.# Depth in feet above ground.+ North American Vertical Datum.**ADDRESSES****City of Fair Oaks Ranch**Maps are available for inspection at 7286 Dietz Elkhorn, Fair Oaks Ranch, TX 78015.**City of Garden Ridge**Maps are available for inspection at 9357 Schoenthal Road, Garden Ridge, TX 78266.**City of New Braunfels**Maps are available for inspection at 424 South Castell, New Braunfels, TX 78130.**City of Selma**Maps are available for inspection at 9375 Corporate, Selma, TX 78154.**Unincorporated Areas of Comal County**Maps are available for inspection at 195 David Jonas Drive, New Braunfels, TX 78132.
 (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: March 13, 2009. Michael K. Buckley, Acting Assistant Administrator, Mitigation Directorate, Department of Homeland Security, Federal Emergency Management Agency.


[FR Doc. E9-6577 Filed 3-24-09; 8:45 am] BILLING CODE 9110-12-P