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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 28630) Flooding source(s)
Location of referenced elevation
* Elevation in feet (NGVD)
                                 + Elevation in feet (NAVD) 
                                 # Depth in feet above ground 
                                 Modified
Communities 
                                 affected**Ashe County, North Carolina, and Incorporated Areas****Docket No.: FEMA-B-1010**Bear Creek
Approximately 600 feet upstream of the confluence with South Fork New River
+2677
Unincorporated Areas of Ashe County.Approximately 1.8 miles upstream of NC 16 Highway
+2826Beaver Creek
Approximately 1,500 feet downstream of Mash Stuart Road (State Road 1199)
+2872
Unincorporated Areas of Ashe County, Town of West Jefferson.Approximately 350 feet upstream of Earl Ray Road (State Road 1144)
+3120Big Horse Creek
Approximately 550 feet upstream of the confluence with North Fork New River
+2645
Unincorporated Areas of Ashe County, Town of Lansing.Approximately 0.6 mile upstream of Farmers Store Road (State Road 1360)
+3642Big Laurel Creek
At the confluence with North Fork New River
+2814
Unincorporated Areas of Ashe County.Approximately 40 feet downstream of Denny Road (State Road 1326)
+3232Big Windfall Branch
At the confluence with Big Horse Creek
+2707
Unincorporated Areas of Ashe County.Approximately 300 feet downstream of Big Windfall Road (State Road 1353)
+3039Brush Fork
Approximately 500 feet upstream of the confluence with North Fork New River
+3029
Unincorporated Areas of Ashe County.Approximately 75 feet upstream of West Brushy Fork Road (State Road 1302)
+3155Buffalo Creek
At the second crossing of Warrensville Drive (State Road 1507)
+2687
Unincorporated Areas of Ashe County.Approximately 0.7 mile upstream of Perry Road
+3046Cabbage Creek
Approximately 100 feet upstream of the confluence with North Fork New River
+2897
Unincorporated Areas of Ashe County.Approximately 360 feet upstream of Cabbage Creek Road (State Road 1307)
+2963Cabbage Creek Tributary
At the confluence with Cabbage Creek
+2942
Unincorporated Areas of Ashe County.Approximately 1,500 feet upstream of the confluence with Cabbage Creek
+2959Call Creek
At the confluence with Old Field Creek
+2888
Unincorporated Areas of Ashe County.Approximately 200 feet downstream of East Mill Creek Road (State Road 1112)
+3055Cole Branch
Approximately 1.1 miles upstream of the confluence with Beaver Creek
+3045
Town of West Jefferson.Approximately 1.2 miles upstream of the confluence with Beaver Creek
+3071Cranberry Creek
Approximately 950 feet upstream of the confluence with South Fork New River
+2565
Unincorporated Areas of Ashe County.Approximately 1.2 miles upstream of NC 88 Highway E
+2743Cranberry Creek West
Approximately 630 feet upstream of the confluence with South Fork New River
+2899
Unincorporated Areas of Ashe County.Approximately 1,000 feet upstream of Cranberry Springs Road (State Road 1100)
+3029East Fork
At the confluence with Pine Swamp Creek
+2910
Unincorporated Areas of Ashe County.Approximately 0.8 mile upstream of Idlewild Road (State Road 1003)
+3057Elk Creek (into South Fork New River)
Approximately 150 feet upstream of the confluence with South Fork New River
+2955
Unincorporated Areas of Ashe County.Approximately 1.3 miles upstream of Preacher Blackburn Road (State Road 1117)
+3071Ezra Fork Creek
Approximately 1,560 feet upstream of U.S. Highway 221
+2818
Unincorporated Areas of Ashe County.Approximately 0.5 mile upstream of Highway U.S. 221
+2838Fees Branch
At the confluence with Helton Creek
+2890
Unincorporated Areas of Ashe County.( print page 28631)Approximately 500 feet upstream of Fees Branch Road (State Road 1372)
+2948Gap Creek
Approximately 1,700 feet upstream of the confluence with South Fork New River
+2863
Unincorporated Areas of Ashe County.The Ashe/Watauga County boundary
+2952Grassy Creek
At the confluence with New River
+2483
Unincorporated Areas of Ashe County.Approximately 1.1 miles upstream of Old NC 16 Highway (State Road 1573)
+2679Greer Branch
At the confluence with South Fork Little Horse Creek
+2905
Unincorporated Areas of Ashe County.Approximately 0.6 mile upstream of Greer Hollow Road (State Road 1333)
+3037Helton Creek
Approximately 1,200 feet upstream of the confluence with North Fork New River
+2556
Unincorporated Areas of Ashe County.Approximately 0.9 mile upstream of Fees Branch Road (State Road 1372)
+2962Helton Creek Tributary 1
At the confluence with Helton Creek
+2777
Unincorporated Areas of Ashe County.Approximately 0.5 mile upstream of the confluence of Helton Creek Tributary 1A
+2864Helton Creek Tributary 1A
At the confluence with Helton Creek Tributary 1
+2816
Unincorporated Areas of Ashe County.Approximately 1,320 feet upstream of Spencer Branch Road (State Road 1373)
+2848Jerd Branch
At the confluence with Helton Creek
+2805
Unincorporated Areas of Ashe County.Approximately 1,093 feet upstream of NC Highway 194
+2884Jones Branch
At the confluence with Little Helton Creek
+2723
Unincorporated Areas of Ashe County.At the Virginia/North Carolina state boundary
+2758Little Buffalo Creek
At the confluence with Buffalo Creek
+2782
Unincorporated Areas of Ashe County, Town of West Jefferson.Approximately 0.8 mile upstream of the confluence with Buffalo Creek
+2981Little Buffalo Creek Tributary 1
At the confluence with Little Buffalo Creek
+2921
Unincorporated Areas of Ashe County, Town of West Jefferson.Approximately 170 feet downstream of South Main Street
+2968Little Helton Creek
At the confluence with Helton Creek
+2636
Unincorporated Areas of Ashe County.Approximately 200 feet upstream of the Virginia/North Carolina state boundary
+2757Little Helton Creek Tributary 1
At the confluence with Little Helton Creek
+2691
Unincorporated Areas of Ashe County.Approximately 0.6 mile upstream of the confluence with Little Helton Creek
+2750Little Helton Creek Tributary 2
At the confluence with Little Helton Creek
+2751
Unincorporated Areas of Ashe County.Approximately 0.4 mile upstream of the confluence with Little Helton Creek
+2798Little Horse Creek
At the confluence with Big Horse Creek
+2665
Unincorporated Areas of Ashe County.Approximately 1.1 miles upstream of Little Horse Creek Road (State Road 1324)
+3033Little Laurel Creek
At the confluence with Big Laurel Creek
+2843
Unincorporated Areas of Ashe County.Approximately 880 feet upstream of Little Laurel Road (State Road 1310)
+3323Little Naked Creek
At the confluence with Naked Creek
+2686
Unincorporated Areas of Ashe County.Approximately 1,490 feet upstream of East Landing Drive
+2712Little Peak Creek
At the confluence with Peak Creek
+2608
Unincorporated Areas of Ashe County.Approximately 0.5 mile upstream of Little Peak Creek Road
+2690( print page 28632)Little Phoenix Creek
Approximately 250 feet upstream of the confluence with North Fork New River
+2604
Unincorporated Areas of Ashe County.Approximately 0.9 mile upstream of the confluence of Little Phoenix Creek Tributary
+2836Little Phoenix Creek Tributary
At the confluence with Little Phoenix Creek
+2727
Unincorporated Areas of Ashe County.Approximately 0.4 mile upstream of Old NC Highway 16 (State Road 1573)
+2871Little Piney Creek
At the confluence with Piney Creek
+2634
Unincorporated Areas of Ashe County.Approximately 1,210 feet upstream of Piney Creek Road (State Road 1517)
+2679Long Branch
At the confluence with Little Helton Creek
+2643
Unincorporated Areas of Ashe County.Approximately 0.4 mile upstream of Jim Duvall Road (State Road 1528)
+2715Long Branch South
At the confluence with North Fork New River
+2577
Unincorporated Areas of Ashe County.Approximately 500 feet upstream of Shatley Springs Road (State Road 1574)
+2648Middle Fork Little Horse Creek
At the confluence with Little Horse Creek
+2936
Unincorporated Areas of Ashe County.Approximately 0.9 mile upstream of East Big Springs Road (State Road 1319)
+3082Middle Fork Little Horse Creek Tributary
At the confluence with Middle Fork Little Horse Creek
+2995
Unincorporated Areas of Ashe County.Approximately 0.4 mile upstream of the confluence with Middle Fork Little Horse Creek
+3049Mill Creek
Approximately 300 feet upstream of the confluence with North Fork New River
+2738
Unincorporated Areas of Ashe County.Approximately 1.7 miles upstream of West Mill Creek Road (State Road 1340)
+2935Mill Creek (South)
Approximately 450 feet upstream of the confluence with South Fork New River
+2906
Unincorporated Areas of Ashe County.Approximately 365 feet upstream of Mill Creek Road (State Road 1109)
+3051Naked Creek
Approximately 0.5 mile upstream of the confluence with South Fork New River
+2665
Unincorporated Areas of Ashe County, Town of Jefferson.Approximately 400 feet upstream of South Main Street
+2920Naked Creek Tributary 2
At the confluence with Naked Creek
+2908
Town of Jefferson.Approximately 1,190 feet upstream of West Main Street
+2940Nathans Creek
Approximately 250 feet upstream of the confluence with South Fork New River
+2579
Unincorporated Areas of Ashe County.Approximately 550 feet upstream of U.S. 221 Highway
+2718New River
Approximately 500 feet downstream of the Ashe/Alleghany County boundary
+2480
Unincorporated Areas of Ashe County.At the confluence of the North Fork New River and South Fork New River
+2487North Fork New River
At the confluence with New River and South Fork New River
+2487
Unincorporated Areas of Ashe County.Approximately 50 feet downstream of West Peak Road (State Road 1119)
+3023North Fork New River Tributary 1
At the confluence with North Fork New River
+2503
Unincorporated Areas of Ashe County.Approximately 0.4 mile upstream of the confluence with North Fork New River
+2557Obids Creek
Approximately 350 feet upstream of the confluence with South Fork New River
+2718
Unincorporated Areas of Ashe County.Approximately 250 feet upstream of Idlewild Road (State Road 1003)
+2874Old Field Branch
At the confluence with Big Horse Creek
+2660
Unincorporated Areas of Ashe County, Town of Lansing.Approximately 0.5 mile upstream of Glenn King Road (State Road 1519)
+2853Old Field Creek
Approximately 1,400 feet upstream of the confluence with South Fork New River
+2874
Unincorporated Areas of Ashe County.( print page 28633)Approximately 0.7 mile upstream of Mulatto Mountain Road (State Road 1145)
+3048Old Field Creek (North)
Approximately 300 feet upstream of the confluence with North Fork New River
+2566
Unincorporated Areas of Ashe County.Approximately 0.5 mile upstream of the confluence with North Fork New River
+2693Peak Creek
Approximately 1,500 feet upstream of the confluence with South Fork New River
+2604
Unincorporated Areas of Ashe County.Approximately 1.2 miles upstream of NC Highway 88
+2866Pine Swamp Creek
Approximately 850 feet upstream of the confluence with South Fork New River
+2837
Unincorporated Areas of Ashe County.Approximately 0.7 mile upstream of Idlewild Road (State Road 1003)
+3010Piney Creek
Approximately 250 feet upstream of the confluence with North Fork New River
+2624
Unincorporated Areas of Ashe County.Approximately 150 feet upstream of Piney Creek Road (State Road 1517)
+2685Rich Hill Creek
At the confluence with North Fork New River
+2799
Unincorporated Areas of Ashe County.Approximately 1.1 miles upstream of NC Highway 88
+2920Roan Creek
Approximately 650 feet upstream of the confluence with South Fork New River
+2666
Unincorporated Areas of Ashe County.Approximately 340 feet upstream of Earl Sheets Road (State Road 1625)
+2919Roaring Fork
At the confluence with Big Laurel Creek
+2917
Unincorporated Areas of Ashe County.Approximately 0.4 mile upstream of Roaring Fork Road (State Road 1320)
+3078Rock Creek
Approximately 120 feet upstream of NC Highway 88
+2942
Unincorporated Areas of Ashe County.Approximately 1.4 miles upstream of NC 88 Highway
+3125Shippy Branch
At the confluence with Little Helton Creek
+2730
Unincorporated Areas of Ashe County.At the Virginia/North Carolina state boundary
+2774Silas Creek
At the confluence with North Fork New River
+2583
Unincorporated Areas of Ashe County.Approximately 1.0 mile upstream of the confluence of Silas Creek Tributary 2
+2795Silas Creek Tributary 1
At the confluence with Silas Creek
+2691
Unincorporated Areas of Ashe County.Approximately 1,376 feet upstream of the confluence with Silas Creek
+2782Silas Creek Tributary 2
At the confluence with Silas Creek
+2709
Unincorporated Areas of Ashe County.Approximately 1,516 feet upstream of the confluence with Silas Creek
+2805South Beaver Creek
Approximately 400 feet upstream of the confluence with Beaver Creek
+2792
Unincorporated Areas of Ashe County.Approximately 1,800 feet upstream of Lakeside Drive
+2941South Fork Little Horse Creek
At the confluence with Little Horse Creek
+2769
Unincorporated Areas of Ashe County.Approximately 785 feet upstream of Jack Jones Road (State Road 1332)
+2933South Fork New River
At the confluence with New River and North Fork New River
+2487
Unincorporated Areas of Ashe County.Approximately 2.3 miles upstream of Kings Creek Road (State Road 1308)
+2524South Fork New River Tributary 3
Approximately 350 feet upstream of the confluence with South Fork New River
+2685
Unincorporated Areas of Ashe County.Approximately 1,200 feet upstream of Claude Mash Road (State Road 1158)
+2844South Fork New River Tributary 4
Approximately 400 feet upstream of the confluence with South Fork New River
+2815
Unincorporated Areas of Ashe County.Approximately 0.8 mile upstream of Lower Nettle Knob Road (State Road 1181)
+2894Stagg Creek
Approximately 350 feet upstream of the confluence with North Fork New River
+2702
Unincorporated Areas of Ashe County.( print page 28634)Approximately 1.4 miles upstream of Staggs Creek Road (State Road 1342)
+2861Three Top Creek
At the confluence with North Fork New River
+2858
Unincorporated Areas of Ashe County.Approximately 1,830 feet upstream of Bald Fork Road
+3273West Fork
At the confluence with Pine Swamp Creek
+2862
Unincorporated Areas of Ashe County.Approximately 990 feet upstream of Creekside Drive
+3124* National Geodetic Vertical Datum.+ North American Vertical Datum.# Depth in feet above ground.**ADDRESSES****Town of Jefferson**Maps are available for inspection at the Jefferson Town Hall, 302 East Main Street, Jefferson, NC 28640.**Town of Lansing**Maps are available for inspection at the Lansing Town Hall, 173 B Street, Lansing, NC 28643.**Town of West Jefferson**Maps are available for inspection at the West Jefferson Town Hall, 1 South Jefferson Avenue, West Jefferson, NC 28694.**Unincorporated Areas of Ashe County**Maps are available for inspection at the Ashe County Building Inspector's Office, 150 Government Circle, Suite 2400, Jefferson, NC 28640.**Grant County, South Dakota, and Incorporated Areas****Docket No.: FEMA-B-1004**South Fork Whetstone River
Approximately 48 feet upstream of 479th Avenue
+1116
City of Milbank, Unincorporated Areas of Grant County.Approximately 790 feet upstream of North Dakota Street
+1132* National Geodetic Vertical Datum.+ North American Vertical Datum.# Depth in feet above ground.**ADDRESSES****City of Milbank**Maps are available for inspection at the Milbank City Offices, 1001 East 4th Avenue, Milbank, SD 57252.**Unincorporated Areas of Grant County**Maps are available for inspection at the Grant County Courthouse, 210 East 5th Avenue, Milbank, SD 57252.**Fond Du Lac County, Wisconsin, and Incorporated Areas****Docket No.: FEMA-B-7724**McDermott Creek
Approximately 0.4 mile downstream of County Highway T
+777
City of Fond Du Lac, Unincorporated Areas of Fond Du Lac County.Approximately 0.4 mile upstream of County Highway T
+808Mosher Creek
Approximately 300 feet upstream of U.S. Highway 45 (Lakeshore Drive)
+749
Village of North Fond Du Lac, Unincorporated Areas of Fond Du Lac County.Approximately 200 feet upstream of McKinley Street
+767Rush Lake
Approximately 0.6 mile Northwest of the intersection of Island Road and Elbow Road
+823
Unincorporated Areas of Fond Du Lac County.Approximately 0.5 mile Northeast of the intersection of Rich Road and County Highway E
+823South Branch, Rock River
Just downstream of Northbound U.S. Highway 151
+871
Unincorporated Areas of Fond Du Lac County.Just upstream of Southbound U.S. Highway 151
+871Taycheedah Creek
Approximately 0.5 mile downstream of DuCharme Parkway
+754
City of Fond Du Lac, Unincorporated Areas of Fond Du Lac County.Just downstream of state Highway 23
+768* National Geodetic Vertical Datum.+ North American Vertical Datum.# Depth in feet above ground.**ADDRESSES****City of Fond Du Lac**( print page 28635)Maps are available for inspection at City Hall, 160 South Macy Street, Fond Du Lac, WI 54935-0150.**Unincorporated Areas of Fond Du Lac County**Maps are available for inspection at Fond Du Lac County Courthouse, 160 South Macy Street, Fond Du Lac, WI 54935.**Village of North Fond Du Lac**Maps are available for inspection at the Village Hall, North Fond Du Lac, 16 Garfield Street, North Fond Du Lac, WI 54937-1399.
 (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: June 9, 2009. Edward L. Connor, Acting Assistant Administrator, Mitigation Directorate, Department of Homeland Security, Federal Emergency Management Agency.


[FR Doc. E9-14276 Filed 6-16-09; 8:45 am] BILLING CODE 9110-12-P