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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 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: ( print page 23118) Flooding source(s)
Location of referenced elevation
* Elevation in feet
                                 (NGVD) 
                                 + Elevation in feet 
                                 (NAVD) 
                                 # Depth in feet 
                                 above ground  
                                 Modified
Communities affected**Transylvania County, North Carolina and Incorporated Areas Docket Nos.: FEMA-D-7826, FEMA-B-7792, FEMA-B-1003**Allison Creek
Approximately 450 feet upstream of the confluence with Lamb Creek
+ 2,116
Unincorporated Areas of Transylvania County, City of Brevard.Approximately 1,100 feet upstream of Camp Straus Road.
+ 2,187Boylston Creek
Approximately 1,500 feet downstream of the Henderson/Transylvania County boundary
+ 2,173
Unincorporated Areas of Transylvania County.Approximately 50 feet upstream of King Road (State Road 1502)
+2,228Carson Creek
At the confluence with French Broad River
+ 2,137
Unincorporated Areas of Transylvania County.Approximately 0.6 mile upstream of Island Ford Road (State Road 1103)
+ 2,471Catheys Creek
Approximately 10 feet upstream of U.S. Highway 64
+ 2,187
Unincorporated Areas of Transylvania County, City of Brevard.Approximately 1.1 miles upstream of U.S. Highway 64
+ 2,253Davidson River
Approximately 100 feet upstream of Old Henderson Highway
+ 2,104
Unincorporated Areas of Transylvania County, City of Brevard.Approximately 50 feet upstream of U.S. 64 Highway
+ 2,128Davidson River (original channel)
The confluence with Davidson River
+ 2,117
Unincorporated Areas of Transylvania County, City of Brevard.Approximately 1,000 feet upstream from the confluence of Turkey Creek
+ 2,127Davidson River Tributary 1
At the confluence with Davidson River
+ 2,109
Unincorporated Areas of Transylvania County, City of Brevard.Approximately 1,440 feet upstream of Ecusta Road
+ 2,144Flat Creek
Approximately 100 feet upstream of the confluence with West French Broad River
+ 2,298
Unincorporated Areas of Transylvania County.The confluence of North and South Flat Creek
+ 2,533Frozen Creek
At the confluence with West Fork French Broad River
+ 2,233
Unincorporated Areas of Transylvania County.Approximately 500 feet upstream of Frozen Creek Road (State Road 1143)
+ 2,361Graham Creek
Approximately 600 feet upstream of Keystone Camp Road
+ 2,167
Unincorporated Areas of Transylvania County, City of Brevard.Approximately 100 feet downstream of East Southwood Drive
+ 2,172Horsepasture River
Approximately 200 feet downstream of the Jackson/Transylvania County boundary
+ 2,968
Unincorporated Areas of Transylvania County.At the Jackson/Transylvania County boundary
+ 2,989Hunts Branch
At the confluence with Norton Creek
+ 2,180
Unincorporated Areas of Transylvania County, City of Brevard.Approximately 640 feet upstream of Probart Street (State Road 1348)
+ 2,218Indian Creek
The confluence with Toxaway River
+ 2,186
Unincorporated Areas of Transylvania County.Approximately 0.6 mile upstream of NC Highway 281
+ 3,041Jumping Branch
Approximately 10 feet upstream of Turnpike Road
+ 2,141
City of Brevard.Approximately 30 feet downstream of Miner Street
+ 2,163King Creek
Approximately 0.6 mile upstream of the confluence with French Broad River
+ 2,105
Unincorporated Areas of Transylvania County, City of Brevard.Approximately 0.4 mile upstream of Millbrook Drive
+ 2,290Lime Kiln Creek
Approximately 0.6 mile upstream of the confluence with French Broad River
+ 2,150
Unincorporated Areas of Transylvania County.Approximately 750 feet upstream of Ross Road (State Road 1334)
+ 2,213Little River
Approximately 1.3 miles upstream of Cascade Lake Road (State Road 1536)
+ 2,142
Unincorporated Areas of Transylvania County.Approximately 300 feet upstream of Casey Lane
+ 2,745( print page 23119)Long Branch
The confluence with King Creek
+ 2,144
Unincorporated Areas of Transylvania County, City of Brevard.Approximately 280 feet upstream of the confluence with King Creek
+ 2,144Lyday Creek
Approximately 0.7 mile upstream of the confluence with French Broad River
+ 2,097
Unincorporated Areas of Transylvania County.Approximately 0.7 mile upstream of the confluence of Blythe Branch
+ 2,152Mason Creek
Approximately 50 feet upstream of Whitmire Road (State Road 1128)
+ 2,159
Unincorporated Areas of Transylvania County.Approximately 0.4 mile upstream of Cherryfield Loop (State Road 1392)
+ 2,227Morton Creek
At the confluence with South Fork Flat Creek
+ 2,674
Unincorporated Areas of Transylvania County.Approximately 1,820 feet upstream of U.S. 64 Highway
+ 2,700North Fork Flat Creek
At the confluence with Flat Creek and South Fork Flat Creek
+ 2,533
Unincorporated Areas of Transylvania County.Approximately 1,300 feet upstream of Golden Road (State Road 1313)
+ 2,998Norton Creek
At the confluence with Nicholson Creek
+ 2,128
Unincorporated Areas of Transylvania County, City of Brevard.Approximately 475 feet upstream of Probart Street (State Road 1348)
+ 2,218Osborne Branch
The confluence with Boylston Creek
+ 2,223
Unincorporated Areas of Transylvania County.Approximately 0.7 mile upstream of the confluence with Boylston Creek
+ 2,422Pole Bridge Branch
The confluence with Little River
+ 2,698
Unincorporated Areas of Transylvania County.Approximately 900 feet upstream of the confluence with Little River
+ 2,739South Fork Flat Creek
At the confluence with Flat Creek and North Fork Flat Creek
+ 2,533
Unincorporated Areas of Transylvania County.Approximately 0.5 mile upstream of Flat Creek Valley Road (State Road 1147)
+ 2,792South Prong Turkey Creek
At the confluence with Turkey Creek
+ 2,252
Unincorporated Areas of Transylvania County.Approximately 360 feet upstream of the confluence with Turkey Creek
+ 2,269Sutton Creek
The confluence with Boylston Creek
+ 2,228
Unincorporated Areas of Transylvania County.Approximately 0.8 mile upstream of Lakeland Drive
+ 2,497Toxaway River
Approximately 5.9 miles upstream of North Carolina/South Carolina boundary
+ 2,164
Unincorporated Areas of Transylvania County.Approximately 1.0 mile upstream of Cardinal Drive West
+ 3,390Toxaway River Tributary 5
The confluence with Toxaway River
+ 2,654
Unincorporated Areas of Transylvania County.Approximately 0.4 mile upstream of the confluence with Toxaway River
+ 3,021Toxaway River Tributary 6
The confluence with Toxaway River
+ 2,643
Unincorporated Areas of Transylvania County.Approximately 0.5 mile upstream of the confluence with Toxaway River
+ 2,804Turkey Creek
At the confluence with Davidson River (original channel)
+ 2,124
Unincorporated Areas of Transylvania County, City of Brevard.Approximately 120 feet upstream of the confluence with South Prong Turkey Creek
+ 2,256West Fork French Broad River
Approximately 1,600 feet upstream of U.S. Highway 64
+ 2,247
Unincorporated Areas of Transylvania County.Approximately 200 feet upstream of the confluence of Flat Creek
+ 2,307Whitewater River
At the North Carolina/South Carolina boundary
+ 1,961
Unincorporated Areas of Transylvania County.At the Transylvania/Jackson County boundary
+ 3,163( print page 23120)Williamson Creek
Approximately 1,000 feet upstream of Wilson Road (State Road 1540)
+2,105
Unincorporated Areas of Transylvania County.Approximately 1,000 feet upstream of the confluence of Camp Creek
+ 2,116Wilson Mill Creek
Approximately 1,900 feet upstream of the confluence with Catheys Creek
+ 2,148
Unincorporated Areas of Transylvania County.Approximately 1,900 feet upstream of Forest Road
+ 2,398* 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.**Walworth County, Wisconsin, and Incorporated Areas FEMA Docket No.: B-7755**Eagle Spring Lake
All flooding affecting County
+ 822
Unincorporated Areas of Walworth County.Mukwonago River
Approximately 1,700 feet North of the intersection of Marsh Road and County Highway J
+ 799
Unincorporated Areas of Walworth County.Approximately 1.2 miles Northeast of the intersection of County Highway J and County Highway E
+ 806* 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.
 (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