# Final Flood Elevation Determinations > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A2012-31394 ## Record - **Collection:** Federal Register - **Document type:** Rule - **Published:** December 31, 2012 - **Citation:** 77 FR 76929 ## Text DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket ID FEMA-2012-0003] Final Flood Elevation Determinations 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 in 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: 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 (email) Luis.Rodriguez3@fema.dhs.gov. 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 Deputy Associate Administrator for Mitigation 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 [Amended] 2. The tables published under the authority of § 67.11 are amended as follows: Flooding source(s) Location of referenced elevation * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground ‸ Elevation in meters (MSL) modified Communities affected Shelby County, Alabama, and Incorporated Areas Docket No.: FEMA-B-1233 Acton Creek Approximately 0.78 mile downstream of Indian Valley Road +428 City of Hoover, Unincorporated Areas of Shelby County. Approximate 595 feet upstream of Caldwell Mill Road +472 Beaverdam Creek At the Cahaba River confluence +394 City of Helena, Unincorporated Areas of Shelby County. Approximately 775 feet downstream of County Road 17 +424 Bishop Creek At the downstream side of Industrial Park Drive +423 City of Helena, City of Pelham, Town of Indian Springs Village, Unincorporated Areas of Shelby County. Approximately 483 feet upstream of Surrey Lane +525 Buck Creek Approximately 800 feet upstream of U.S. Route 261 +412 City of Alabaster, City of Helena, City of Pelham, Unincorporated Areas of Shelby County. Approximately 0.9 mile upstream of County Road 340 +567 Camp Creek (backwater effects from Kelly Creek) Approximately 841 feet upstream of the Kelly Creek confluence +439 Unincorporated Areas of Shelby County. Approximately 0.7 mile upstream of the Kelly Creek confluence +439 Coales Branch At the upstream side of CSX Railroad Bridge +444 City of Pelham. Approximately 1,350 feet upstream of Dow Street +494 Dodd Branch Approximately 174 feet upstream of Lake Forest Circle +421 City of Hoover, City of Pelham, Unincorporated Areas of Shelby County. Approximately 730 feet upstream of Indian Lake Lane +499 Dodd Branch Tributary 1 Approximately 908 feet downstream of Baneberry Drive +445 City of Hoover, City of Pelham, Unincorporated Areas of Shelby County. Approximately 1,670 feet upstream of Indian Lake Way +487 Dodd Branch Tributary 1.1 At the downstream side of Stratshire Lane +453 City of Helena, City of Pelham. Approximately 413 feet upstream of Aaron Road +485 Dry Creek I Approximately 0.47 mile downstream of Fox Valley Farms Road +422 City of Alabaster, City of Helena, Unincorporated Areas of Shelby County. Approximately 531 feet downstream of Fox Valley Farms Road +423 Hogpen Creek At the upstream side of the railroad +452 City of Pelham, Unincorporated Areas of Shelby County. Approximately 1,390 feet upstream of Berry Lane +510 Hurricane Creek (backwater effects from Cahaba River) Approximately 0.75 mile downstream of County Road 13 +381 City of Helena, Unincorporated Areas of Shelby County. Approximately 0.8 mile upstream of County Road 13 +381 Hurricane Creek I (backwater effects from Bear Creek) Approximately 1,365 feet downstream of Rocky Hollow Lane +464 Unincorporated Areas of Shelby County. Approximately 416 feet upstream of Rocky Hollow Lane +464 Ivy Branch (backwater effects from North Fork Yellowleaf Creek) At the downstream side of County Road 280 (Old Highway 280) +683 City of Chelsea, Unincorporated Areas of Shelby County. Approximately 469 feet upstream of County Road 280 (Old Highway 280) +683 Lee Branch Approximately 884 feet upstream of Cahaba Valley Road +553 City of Birmingham, City of Hoover, Unincorporated Areas of Shelby County. Approximately 350 feet upstream of Hugh Daniel Drive +608 Lee Brook At the upstream side of County Road 95 +417 City of Helena. Approximately 965 feet upstream of Wynwood Drive +477 Little Beeswax Creek Approximately 0.86 mile downstream of County Road 28 +405 Unincorporated Areas of Shelby County. Approximately 0.52 mile upstream of County Road 61 +463 North Fork Yellowleaf Creek Approximately 0.9 mile downstream of U.S. Route 280 +575 City of Chelsea, Unincorporated Areas of Shelby County. Approximately 1.2 miles upstream of Highland Lakes Road +783 North Fork Yellowleaf Creek Tributary I (backwater effects from North Fork Yellowleaf Creek) At the North Fork Yellowleaf Creek confluence +688 City of Chelsea, Unincorporated Areas of Shelby County. Approximately 946 feet upstream of the North Fork Yellowleaf confluence +688 Peavine Creek Approximately 1,213 feet downstream of U.S. Route 31 +441 City of Alabaster, City of Pelham, Unincorporated Areas of Shelby County. Approximately 1.7 miles upstream of County Road 334 +577 Poplar Branch (backwater effects from North Fork Yellowleaf Creek) Approximately 138 feet upstream of U.S. Route 280 +531 City of Chelsea, Unincorporated Areas of Shelby County. Approximately 1,967 feet upstream of U.S. Route 280 +531 Prairie Brook At the downstream side of Railroad Avenue East +416 City of Helena. Approximately 0.45 mile upstream of County Road 95 +425 Trigger Creek (backwater effects from North Fork Yellowleaf Creek) Approximately 1,024 feet downstream of County Road 13 +399 City of Hoover, Unincorporated Areas of Shelby County. Approximately 1.02 miles upstream of County Road 13 +399 Wolf Creek I (backwater effects from Kelly Creek) Approximately 0.45 mile upstream of the Kelly Creek confluence +456 Unincorporated Areas of Shelby County. Approximately 0.66 mile upstream of the Kelly Creek confluence +456 Yellowleaf Creek Tributary 1 (backwater effects from North Fork Yellowleaf Creek) Approximately 0.91 mile upstream of the Yellowleaf Creek confluence +456 City of Chelsea, Unincorporated Areas of Shelby County. Approximately 1.33 miles upstream of the Yellowleaf Creek confluence +456 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ‸ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES City of Alabaster Maps are available for inspection at 201 1st Street North, Alabaster, AL 35007. City of Birmingham Maps are available for inspection at 710 20th Street North, Birmingham, AL 35203. City of Chelsea Maps are available for inspection at 11611 Chelsea Road, Chelsea, AL 35043. City of Helena Maps are available for inspection at 816 State Route 82, Helena, AL 35080. City of Hoover Maps are available for inspection at 100 Municipal Drive, Hoover, AL 35216. City of Pelham Maps are available for inspection at 3162 Pelham Parkway, Pelham, AL 35124. Town of Indian Springs Village Maps are available for inspection at 2635 Cahaba Valley Road, Indian Springs, AL 35124. Unincorporated Areas of Shelby County Maps are available for inspection at 200 West College Street, Columbiana, AL 35051. Henderson County, Kentucky, and Incorporated Areas Docket No.: FEMA-B-1007 Canoe Creek At the upstream side of U.S. Route 41 +376 City of Henderson, Unincorporated Areas of Henderson County. At the Elam Ditch confluence +383 Canoe Creek Tributary 1 (backwater effects from Ohio River) From approximately 500 feet upstream of the Canoe Creek confluence to approximately 900 feet upstream of KY-136 +376 City of Henderson, Unincorporated Areas of Henderson County. Cash Creek (backwater effects from Ohio River) From the Green River confluence to approximately 800 feet upstream of Griffin and Griffin Road +386 Unincorporated Areas of Henderson County. Elam Ditch At the Canoe Creek confluence +383 Unincorporated Areas of Henderson County. At Airline Road (KY-812) +393 Elam Ditch Tributary 1 At the Elam Ditch confluence +384 Unincorporated Areas of Henderson County. Approximately 1,250 feet downstream of Toy Anthoston Road (KY-2677) +395 Elam Ditch Tributary 1.1 (backwater effects from Elam Ditch Tributary 1) From the Elam Ditch Tributary 1 confluence to approximately 1,200 feet upstream of the Elam Ditch Tributary 1 confluence +384 Unincorporated Areas of Henderson County. Elam Ditch Tributary 2 At the Elam Ditch confluence +384 Unincorporated Areas of Henderson County. At the downstream side of Airline Road (KY-812) +395 Elam Ditch Tributary 3 At the Elam Ditch confluence +384 Unincorporated Areas of Henderson County. At the downstream side of Toy Anthoston Road +389 Elam Ditch Tributary 4 (backwater effects from Elam Ditch) From the Elam Ditch confluence to approximately 0.5 mile upstream of the Elam Ditch confluence +383 Unincorporated Areas of Henderson County. Elam Ditch Tributary 8 (backwater effects from Elam Ditch) From the Elam Ditch confluence to approximately 1,100 feet upstream of the Elam Ditch confluence +393 Unincorporated Areas of Henderson County. Grane Creek (backwater effects from Ohio River) From approximately 1,200 feet downstream of Quinns Landing Road to approximately 1.0 mile upstream of Quinns Landing Road +386 Unincorporated Areas of Henderson County. Grane Creek Tributary 1 (backwater effects from Ohio River) From approximately 0.2 mile downstream of Quinns Landing Road to the upstream side of Quinns Landing Road +386 Unincorporated Areas of Henderson County. Grane Creek Tributary 5 (backwater effects from Ohio River) From the Grane Creek confluence to approximately 1,800 feet upstream of the Grane Creek confluence +386 City of Robards, Unincorporated Areas of Henderson County. Kimsey Lane Left Tributary At the North Fork Canoe Creek confluence +388 City of Henderson, Unincorporated Areas of Henderson County. Approximately 750 feet upstream of Van Wyk Road +388 Kimsey Lane Right Tributary At the North Fork Canoe Creek confluence +388 City of Henderson, Unincorporated Areas of Henderson County. At Kinsey Lane (KY-6112) +388 Lick Creek (backwater effects from Ohio River) From the upstream side of Sportsville-Bluff City Road to approximately 1.1 miles downstream of Zion Road +383 Unincorporated Areas of Henderson County. Lick Creek Tributary 2 (backwater effects from Ohio River) From the Lick Creek confluence to the downstream side of Zion Road +383 Unincorporated Areas of Henderson County. Lick Creek Tributary 2.1 (backwater effects from Ohio River) From the Lick Creek Tributary 2 confluence to approximately 1,600 feet upstream of the Lick Creek Tributary 2 confluence +383 Unincorporated Areas of Henderson County. Lick Creek Tributary 4 (backwater effects from Ohio River) From the Lick Creek confluence to approximately 0.9 mile upstream of the Lick Creek confluence +383 Unincorporated Areas of Henderson County. Middle Canoe Creek At the Sellers Ditch confluence +382 City of Henderson, Unincorporated Areas of Henderson County. At the Elam Ditch confluence +382 North Fork Canoe Creek At the Canoe Creek confluence +382 City of Henderson, Unincorporated Areas of Henderson County. Approximately 4,000 feet upstream of Kimsey Lane (KY-6112) +389 Ohio River Approximately 2.4 miles upstream of the northwest county boundary (at River Mile Marker 829.7) +372 City of Henderson, Unincorporated Areas of Henderson County. Approximately 5.0 miles upstream of the northeast county boundary (at River Mile Marker 766.5) +386 Old Knoblick Road Creek (backwater effects from Ohio River) From approximately 0.6 mile downstream of Knoblick Road to approximately 800 feet downstream of Knoblick Road +386 Unincorporated Areas of Henderson County. Pond Creek (overflow effects from Ohio River) At the downstream side of Gray-Aldridge Road +372 Unincorporated Areas of Henderson County. Approximately 0.9 mile upstream of Martin and Martin Road +373 Pond Creek Tributary 6 (overflow effects from Ohio River) At the Pond Creek confluence +373 Unincorporated Areas of Henderson County. Approximately 600 feet downstream of KY-268 +374 Race Creek (backwater effects from Ohio River) From the Green River confluence to approximately 200 feet upstream of KY-1078 +381 Unincorporated Areas of Henderson County. Sellers Ditch At the Canoe Creek confluence +376 Unincorporated Areas of Henderson County. Approximately 200 feet upstream of Old Madison Road +382 Sputzman Creek (backwater effects from Ohio River) From approximately 0.8 mile upstream of the Green River confluence to approximately 2.0 miles upstream of the Green River confluence +386 Unincorporated Areas of Henderson County. Sputzman Creek Tributary 1 (backwater effects from Ohio River) From the Sputzman Creek confluence to approximately 1.2 miles upstream of the Sputzman Creek confluence +386 Unincorporated Areas of Henderson County. Sputzman Creek Tributary 2 (backwater effects from Ohio River) From the Sputzman Creek confluence to approximately 0.6 mile upstream of Sputzman Creek +386 Unincorporated Areas of Henderson County. Sugar Creek (backwater effects from Ohio River) From the Ohio River confluence to approximately 1,700 feet upstream of the Ohio River confluence +376 City of Henderson. Tiger Ditch (formerly Highway 812 Tributary) At the North Fork Canoe Creek confluence +382 City of Henderson, Unincorporated Areas of Henderson County. Approximately 150 feet downstream of Zion Road +391 Tiger Ditch Tributary 1 At the Tiger Ditch (formerly Highway 812 Tributary) confluence +385 City of Henderson, Unincorporated Areas of Henderson County. At the downstream side of Adams Lane +390 Upper Canoe Creek At the Sellers Ditch confluence +382 Unincorporated Areas of Henderson County. Approximately 3,800 feet upstream of the East Fork Canoe Creek confluence +385 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ‸ Mean Sea Level, rounded to the nearest 0.1 meter. 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. Coos County, New Hampshire (All Jurisdictions) Docket No.: FEMA-B-1213 Androscoggin River Approximately 3.5 miles downstream of Meadow Road +691 City of Berlin, Town of Dummer, Town of Errol, Town of Gorham, Town of Milan, Town of Shelburne, Unincorporated Areas of Coos County. At the downstream side of Umbagog Lake Dam +1231 Clear Stream At the Androscoggin River confluence +1222 Town of Errol. Approximately 1.1 miles upstream of White Mountain Highway +1227 Clement Brook At the Androscoggin River confluence +700 Town of Shelburne. Approximately 0.7 mile upstream of U.S. Route 2 ++752 Connecticut River Approximately 0.8 mile downstream of Janice Peaslee Bridge (formerly Maidstone-Stratford Hollow Bridge) +865 Town of Stratford. Approximately 1,180 feet downstream of Janice Peaslee Bridge (formerly Maidston-Stratford Hollow Bridge) +865 Connecticut River Approximately 2.1 miles upstream of State Route 105 +932 Town of Clarksville, Town of Colebrook, Town of Columbia, Town of Stewartstown. Approximately 0.6 mile downstream of U.S. Route 3 +1106 Dead River At the Androscoggin River confluence +950 City of Berlin. Approximately 0.4 mile upstream of Hillside Avenue +1049 Greenough Brook At the Androscoggin River confluence +1226 Town of Errol. At the downstream side of the Akers Pond Dam +1230 Moose Brook At the Androscoggin River confluence +793 Town of Gorham. Approximately 840 feet upstream of Jimtown Road +1128 Moose Brook Split At the Moose Brook confluence +924 Town of Gorham. At the Moose Brook divergence +937 Moose River At the Androscoggin River confluence +787 Town of Gorham. Approximately 0.4 mile upstream of Main Street +830 Peabody River At the Androscoggin River confluence +755 Town of Gorham, Town of Shelburne. Approximately 1.8 miles upstream of Glen Road +1060 Tinker Brook At the Androscoggin River confluence +842 Town of Gorham. Approximately 0.9 mile upstream of Main Street +1206 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ‸ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES City of Berlin Maps are available for inspection at City Hall, 168 Main Street, Berlin, NH 03570. Town of Clarksville Maps are available for inspection at the Town Office, 408 New Hampshire Route 145, Clarksville, NH 03592. Town of Colebrook Maps are available for inspection at the Town Hall, 17 Bridge Street, Colebrook, NH 03576. Town of Columbia Maps are available for inspection at the Town Hall, 1679 U.S. Route 3. Columbia, NH 03576. Town of Dummer Maps are available for inspection at the Town Office, 75 Hill Road, Dummer, NH 03588. Town of Errol Maps are available for inspection at the Selectmen's Office, 33 Main Street, Errol, NH 03579. Town of Gorham Maps are available for inspection at the Town Hall, 20 Park Street, Gorham, NH 03581. Town of Milan Maps are available for inspection at the Municipal Building, 20 Bridge Street, Milan, NH 03588. Town of Shelburne Maps are available for inspection at the Town Hall, 74 Village Road, Shelburne, NH 03581. Town of Stewartstown Maps are available for inspection at the Stewartstown Town Clerk's Office, 888 Washington Street, West Stewartstown, NH 03597. Town of Stratford Maps are available for inspection at the Town Hall, 10 Town Common Road, Stratford, NH 03590. Unincorporated Areas of Coos County Maps are available for inspection at the Coos County Commissioner's Office, 136 County Farm Road, West Stewartstown, NH 03597. Cleveland County, Oklahoma, and Incorporated Areas Docket No.: FEMA-B-1233 Dave Blue Creek At the downstream side of North Main Street +1118 City of Noble, City of Norman. Approximately 0.4 mile upstream of Post Oak Road +1177 Little River Approximately 600 feet downstream of 12th Avenue Northeast +1097 City of Moore, City of Norman. Approximately 1.0 mile downstream of Southwest 34th Street +1159 Stream E (backwater effects from Little River) At the Little River confluence +1159 City of Moore, City of Norman. Approximately 1,480 feet upstream of the Little River confluence +1159 Stream E Approximately 0.42 mile downstream of Southwest 19th Street +1191 City of Moore. Approximately 60 feet downstream of Southwest 4th Street +1226 Tributary 1 to Unnamed Tributary to Cow Creek Tributary 2 North Branch (backwater effects from Unnamed Tributary to Cow Creek Tributary 2 North Branch) At the Unnamed Tributary to Cow Creek Tributary 2 North Branch confluence +1236 City of Oklahoma City. Approximately 660 feet upstream of the Unnamed Tributary to Cow Creek Tributary 2 North Branch confluence +1236 Tributary 3 of Canadian River Tributary 1 Approximately 800 feet downstream of Southwest 119th Street +1198 City of Oklahoma City. Approximately 250 feet downstream of Southwest 106th Street +1239 Tributary A to Tributary 3 of Canadian River Tributary 1 (backwater effects from Tributary 3 of Canadian River Tributary 1) At the Tributary 3 of Canadian River Tributary 1 confluence +1233 City of Oklahoma City. Approximately 1,080 feet upstream of the Tributary 3 of Canadian River Tributary 1 confluence +1233 Tributary B to Tributary 3 of Canadian River Tributary 1 (backwater effects from Tributary 3 of Canadian River Tributary 1) At the Tributary 3 of Canadian River Tributary 1 confluence +1211 City of Oklahoma City. Approximately 1,100 feet upstream of the Tributary 3 of Canadian River Tributary 1 confluence +1211 Unnamed Tributary to Cow Creek Tributary 2 North Branch Approximately 240 feet upstream of the Cow Creek Tributary 2 North Branch confluence +1224 City of Oklahoma City. Approximately 0.8 mile upstream of the Cow Creek Tributary 2 North Branch confluence +1240 Unnamed Tributary to Little River At the Little River confluence +1150 City of Moore, City of Norman. Approximately 300 feet upstream of Southwest 34th Street +1185 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ‸ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES City of Moore Maps are available for inspection at City Hall, 301 North Broadway, Moore, OK 73160. City of Noble Maps are available for inspection at City Hall, 304 South Main Street, Noble, OK 73068. City of Norman Maps are available for inspection at City Hall, 201 West Gray Street, Building A, Norman, OK 73069. City of Oklahoma City Maps are available for inspection at the Public Works Department, 420 West Main Street, Suite 700, Oklahoma City, OK 73102. (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) James A. Walke, Acting Deputy Associate Administrator for Mitigation, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. 2012-31394 Filed 12-28-12; 8:45 am] BILLING CODE 9110-12-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2012-31394. Public record. Not legal advice.