# Final Flood Elevation Determinations > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3AE7-20384 ## Record - **Collection:** Federal Register - **Document type:** Rule - **Published:** October 16, 2007 - **Citation:** 72 FR 58553 ## Text DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 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 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 Section, 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 Mitigation Division Director of FEMA 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. Modified Communities affected Breathitt County, Kentucky, and Incorporated Areas Docket No.: FEMA-B-7714 North Fork Kentucky River Approximately 7.43 miles downstream of the confluence with Frozen Creek near Cy Bend +717 Breathitt County (Unincorporated Areas), City of Jackson. Approximately 2.83 miles upstream of the Robinson Road Bridge at Quick Sand +754 PanBowl Lake Kentucky 15 Crossing +732 Breathitt County (Unincorporated Areas), City of Jackson. Kentucky 1812 Crossing +732 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES City of Jackson Maps are available for inspection at 1137 Main Street, Jackson, KY 41339. Breathitt County (Unincorporated Areas) Maps are available for inspection at 1137 Main Street, Jackson, KY 41339. Osage County, Oklahoma, and Incorporated Areas Docket No.: FEMA-B-7714 Bird Creek Approximately 5,250 feet upstream from power line right-of-way +646 Osage County (Unincorporated Areas). Approximately 8750 feet upstream from power line right-of-way +648 Eliza Creek Approximately 4,000 ft upstream from CR-2708 +695 City of Bartlesville. Approximately 750 feet southwest intersection of Highway 60 and Highway 123 +702 Euchee Creek Approximately 8,250 feet downstream from confluence with Euchee Creek/Tributary (County Boundary) +690 Osage County (Unincorporated Areas). Approximately 2,000 feet upstream of Unnamed Dirt Road +791 Tributary Confluence with Euchee Creek +700 Osage County (Unincorporated Areas). Approximately 1050 feet upstream of intersection with North Willow Creek Road +720 Shell Creek Approximately 1,600 feet downstream of North 161 St. West Avenue +661 Osage County (Unincorporated Areas). Confluence with UT 3 Shell Creek +677 UT 1 to Shell Creek Confluence with Shell Creek +668 Osage County (Unincorporated Areas). Approximately 1820 feet upstream of Private Road +805 UT 1 to UT to Horsepin Creek Approximately 3000 feet south of intersection of 166th Street and Railroad +638 Osage County (Unincorporated Areas). Approximately 375 feet south of intersection of 166th Street and Railroad +644 UT 3 to Shell Creek Confluence with Shell Creek +677 Osage County (Unincorporated Areas). Approximately 500 ft down stream of Shell Lake Dam +693 UT 4 to Shell Creek Confluence with Shell Creek +668 Osage County (Unincorporated Areas). Approximately 4000 feet of confluence with Shell Creek +673 UT to West Big Heart Creek 4,000 feet downstream of mouth of creek (County Line) +695 City of Sand Springs. 2,750 feet downstream of mouth of creek +790 West Big Heart Creek (Formerly Blackboy Creek) Approximately 10,500 feet downstream of mouth of creek (County Line) +722 Osage County (Unincorporated Areas). Approximately 8,000 feet downstream of mouth of creek +793 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES City of Bartlesville Maps are available for inspection at 401 South Johnston Ave, Bartlesville, OK 74003. City of Sand Springs Maps are available for inspection at P.O. Box 338, Sand Springs, OK 74063. Osage County (Unincorporated Areas) Maps are available for inspection at 628 Kinekah, Pawhuska, OK 74056-0087. Osage County, Oklahoma and Incorporated Areas Docket No.: FEMA-B-7456 Bird Creek Approximately 250 feet from confluence of Bird Creek and Mud Creek +818 Osage County (Unincorporated Areas), City of Pawhuska, City of Barnsdall, Town of Avant. Approximately 1,700 feet downstream from confluence w/UT1 to Bird Creek +645 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES Osage County Maps are available for inspection at 628 Kihekah, Pawhuska 74056. Town of Avant Maps are available for inspection at City Hall: 230 W. McCoy Lane, Avant, OK 74001. City of Barnsdall Maps are available for inspection at 409 W. Main, Barnsdall, OK 74002. City of Pawhuska Maps are available for inspection at 118 W. Main, Pawhuska, OK 74056. Lincoln County, South Dakota, and Incorporated Areas Docket No: FEMA-B-7708 & B-7735 Ninemile Creek Just downstream from 274th Street +1385 Town of Harrisburg. Just upstream from 272nd Street +1472 Town of Tea. Approximately 320 feet downstream from Kevin Drive +1477 Approximately 650 feet upstream from Ryan Drive +1483 Just downstream from 273rd Street +1311 Unincorporated Areas of Lincoln County. Just upstream from South Dakota Highway 115 +1411 1550 feet upstream from 469th Avenue +1518 Tributary Approximately 2150 feet downstream from 475th Avenue +1391 Town of Harrisburg. Approximately 500 feet downstream from 475th Avenue at the Corporate Limit line +1400 Just downstream from 273rd Street +1417 Tributary Just upstream from the confluence with Ninemile Creek +1387 Unincorporated Areas of Lincoln County. Approximately 2050 feet upstream from 273rd Street +1425 Just downstream from 473rd Avenue +1466 Schindler Creek Just upstream from the confluence with Ninemile Creek +1267 Unincorporated Areas of Lincoln County. Just downstream from 477th Avenue +1394 Approximately 1150 feet upstream from 271st Street +1452 Spring Creek Just upstream from the confluence with Big Sioux River +1269 Unincorporated Areas of Lincoln County. Just downstream from South Dakota Highway 11 +1368 Approximately 950 feet upstream from Cliff Avenue +1461 Tributary Just upstream from the confluence with Spring Creek +1346 Unincorporated Areas of Lincoln County. Just downstream from Cody Road +1392 Just upstream from 269th Street +1425 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES Town of Harrisburg Maps are available for inspection at P.O. Box 26, Harrisburg, SD 57032. Town of Tea Maps are available for inspection at 600 East 1st Street, P.O. Box 128, Tea, SD 57064. Unincorporated Areas of Lincoln County Maps are available for inspection at 224 West Ninth Street, Sioux Falls, SD 57104. Webb County, Texas and Incorporated Areas Docket No.: FEMA-B-7710 Chacon Creek Confluence with Rio Grande +394 City of Laredo, WebbCounty, (Unincorporated Areas). Approximately 2000 feet downstream from confluence with Casa Blanca Lake +453 Tributary 1 Confluence with Chacon Creek +394 City of Laredo. Approximately 250 feet upstream from intersection with Chestnut +422 Tributary 2 Confluence with Chacon Creek +394 City of Laredo, Webb County (Unincorporated Areas). Approximately 1500 feet downstream from Loop 20 +398 Tributary 3 Confluence with Chacon Creek +436 City of Laredo, Webb County (Unincorporated Areas). Approximately 2500 feet upstream from the intersection with Highway 59 +444 Deer Creek Confluence with Rio Grande +411 City of Laredo. Intersection with Logistic Road +476 Dellwood Tributary (Previously Las Manadas Creek Tributary 1) Confluence with Las Manadas Creek +410 City of Laredo, Webb County (Unincorporated Areas). Approximately 2000 feet upstream from intersection with FM 3464 +486 Las Manadas Creek Confluence with Rio Grande +408 City of Laredo, Webb County (Unincorporated Areas). Approximately 1750 feet upstream from intersection with Loop 20 +552 Tributary 1 Confluence with Las Manadas Creek +412 City of Laredo, Webb County (Unincorporated Areas). Approximately 200 feet upstream from Springfield Drive +468 Tributary 1A Confluence with Las Manadas Creek Tributary 1 +430 City of Laredo. Approximately 1200 feet upstream from Dover/Stratford +464 Tributary 2 (Formerly Las Manadas Creek Tributary 3) Confluence with Las Manadas Creek +418 City of Laredo, Webb County (Unincorporated Areas). Approximately 5050 feet upstream from intersection with FM 3464 +489 Tributary 2A Confluence with Las Manadas Creek Tributary 2 +447 City of Laredo. Approximately 3225 feet upstream from confluence with Las Manadas Creek Tributary 2 +459 Rio Grande Approximately 1750 feet upstream from intersection with Riverhill Road +391 City of Laredo, Webb County (Unincorporated Areas). Confluence with Deer Creek +411 Tex-Mex Railroad Confluence with Chacon Creek +400 City of Laredo, Webb County (Unincorporated Areas). Tributary Approximately 1250 feet upstream from intersection with Tex-Mex Railroad +423 Zacate Creek Approximately 250 feet downstream from the intersection with Mexican Railroad +396 City of Laredo. Confluence with Rio Grande +399 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES City of Laredo Maps are available for inspection at 1120 San Bernardo, Laredo, TX 78042. Webb County (Unincorporated Areas) Maps are available for inspection at 1110 Washington Street, Suite 302, Laredo, TX 78040. Columbia County, Wisconsin and Incorporated Areas Docket No.: FEMA-B-7708 Baraboo River At confluence with the Wisconsin River *790 Columbia County (Unincorporated Areas). Downstream side of Interstate 90 *796 Big Slough At confluence with Neenah Creek *790 Columbia County (Unincorporated Areas). Downstream side of State Highway 16 *796 Duck Creek Upstream side of U.S. Highway 51 *791 Columbia County (Unincorporated Areas). Upstream side of Chicago Milwaukee St. Paul and Pacific Railroad *791 Fox River At downstream county boundary between Columbia and Marquette counties *779 City of Portage, Columbia County (Unincorporated Areas). Downstream side of Chicago Milwaukee St. Paul and Pacific Railroad *785 Neenah Creek Downstream side of County Highway CM *781 Columbia County (Unincorporated Areas). At confluence with Big Slough *790 Spring Creek Approximately 1/2 mile downstream of Fair Street *805 City of Lodi. Upstream side of Riddle Road *834 Tributary A At confluence with Spring Creek *821 City of Lodi. Approximately 1,300 feet upstream of Spring Street *821 Wisconsin River Downstream side of State Highway 60 Upstream side of Interstate 39 At upstream county boundary between Columbia and Adams counties *748 *798 *848 City of Portage, City of Wisconsin Dells, Columbia County (Unincorporated Areas). * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES Columbia County (Unincorporated Areas) Maps are available for inspection at: Columbia County Planning and Zoning Department, 400 DeWitt St., Portage, WI 53901. City of Lodi Maps are available for inspection at: City Clerk's Office, 130 S. Main St., Lodi, WI 53555. City of Portage Maps are available for inspection at: City Hall, 115 W. Pleasant St., Portage, WI 53901. City of Wisconsin Dells Maps are available for inspection at: City Hall, 300 La Crosse St., Wisconsin Dells, WI 53965. La Crosse County, Wisconsin and Incorporated Areas Docket No.: FEMA-B-7707 Black River At confluence with the Black River, Mississippi River and La Crosse River *644 City of Onalaska, City of La Crosse, La Crosse County (Unincorporated Areas). Just upstream of Lock & Dam 7 *646 Ebner Coulee 100 feet south of Jackson St *658 City of La Crosse, La Crosse County (Unincorporated Areas). Just east of 29th St. *667 Pond 1 Just east of 29th St *633 City of La Crosse. At Burlington Northern Railroad *663 Pond 2 At State Road *656 City of La Crosse. At Farnam Street *656 Pond 3 At State Road *655 City of La Crosse. At 200 feet north of Crestline Place *655 Pond 4 500 feet south of Evergreen St *652 City of La Crosse. 150 feet north of Evergreen St *652 Pond 5 At Ward Avenue *652 City of La Crosse. At Travis Street *653 Pond 6 600 feet south of East Fairchild Street *654 City of La Crosse. 600 feet north of West Fairchild Street *654 Pond 7 At Farnam Street *658 City of La Crosse. At Jackson Street *658 Johns Coulee At mouth at Mormon Creek *725 La Crosse County (Unincorporated Areas). Approximately 1 mile upstream of County Highway YY bridge *827 La Crosse River Approximately 600 feet upstream of Highway 53 *644 City of Onalaska, City of La Crosse, La Crosse County (Unincorporated Areas). Overbank area between Goheres St. to the north and Monitor St. to the south *645 At State Highway 16 *655 Left Overbank Southern extent near La Crosse St *644 City of La Crosse. At Lang Drive *645 Right Overbank 1 Railroad just north of County Highway B *649 City of La Crosse. At Hawkins Road *653 Railroad Ditch At mouth at confluence with La Crosse River *650 City of La Crosse. Upstream extent at divergence at La Crosse River *655 Mormon Creek At mouth at Mississippi River *639 La Crosse County (Unincorporated Areas). At County Highway M *766 Mississippi River Adjacent to Marion Road N at river mile 694 *640 City of La Crosse, City of Onalaska, La Crosse County (Unincorporated Areas). Approximately 3.6 miles south of Highway 35 at river mile 711 *649 Pammel Creek At mouth at Mississippi River *640 City of La Crosse, La Crosse County (Unincorporated Areas). 150 feet upstream of Hagen Road *683 Pammel Creek East Bank At Juniper Street *644 City of La Crosse, La Crosse County (Unincorporated Areas). At Leonard Street *644 At Meadow Lane Place *647 Adjacent to Easter Road *647 At Park Lane Drive *653 At Midway between Park Lane Drive & Ward Avenue *653 Sand Lake Coulee 200 feet downstream of County Highway OT *650 Village of Holmen, City of Onalaska, La Crosse County (Unincorporated Areas). At Private driveway 1/4 mile north of Abnet Rd *770 Right Overbank—Midway At mouth at confluence with Sand Lake Coulee *652 Village of Holmen, La Crosse County (Unincorporated Areas). Approximately 1200 feet downstream of State Highway 35 *663 Right Overbank—Golf Course At County Highway SN *701 Village of Holmen, City of Onalaska, La Crosse County (Unincorporated Areas). Golf Course boundary 0.5 mi. downstream of Moos Rd *721 Smith Valley Creek At mouth at La Crosse River *658 City of Onalaska, City of La Crosse, La Crosse County (Unincorporated Areas). End of Smith Valley Road *814 State Road Coulee 150 feet upstream of Hagen Rd *683 La Crosse County (Unincorporated Areas). 600 feet upstream of Hagen Rd. *687 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES La Crosse County (Unincorporated Areas) Maps are available for inspection at: La Crosse County Zoning, Planning and Land Information Office, 400 4th St. N, La Crosse, WI 54601. Village of Holmen Maps are available for inspection at: Village Hall, 421 S. Main St., Holmen, WI 54636-0158. City of La Crosse Maps are available for inspection at: City Hall, 400 La Crosse St., La Crosse, WI 54601. City of Onalaska Maps are available for inspection at: City Hall, 415 Main St., Onalaska, WI 54650. (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: October 9, 2007. David I. Maurstad, Federal Insurance Administrator of the National Flood Insurance Program, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E7-20384 Filed 10-15-07; 8:45 am] BILLING CODE 9110-12-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3AE7-20384. Public record. Not legal advice.