Final Flood Elevation Determinations

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 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

[Amended]

2. The tables published under the authority of § 67.11 are amended as follows:

State

City/town/county

Source of flooding

Location

*Elevation in feet (NGVD)

+Elevation in feet (NAVD)

#Depth in feet

above ground

Modified

City of Sturgis, South Dakota

FEMA Docket No.: B-7749

South Dakota

City of Sturgis

Bear Butte Creek

At eastern corporate limits

*3339

Approximately 3,400 feet upstream of DM&E railroad

*3566

South Dakota

City of Sturgis

Cook Canyon

Just downstream of DM&E railroad

*3446

Just downstream of Interstate 90

*3480

South Dakota

City of Sturgis

Deadman Gulch

Approximately 200 feet downstream of Interstate 90

*3528

At Elk Road

*3600

South Dakota

City of Sturgis

Dolan Creek

At confluence with Bear Butte Creek

*3378

Approximately 200 feet upstream of Dolan Creek Road

*3570

South Dakota

City of Sturgis

East Vanocker Creek

At confluence with Vanocker Creek, downstream of Otter Road

*3529

Just downstream of DM&E railroad

*3554

South Dakota

City of Sturgis

South Dolan Creek

At confluence with Dolan Creek just upstream of Interstate 90

*3503

At southern corporate limits

*3570

South Dakota

City of Sturgis

Vanocker Creek

At confluence with Vanocker Creek

*3458

At Vanocker Road

*3595

South Dakota

City of Sturgis

West Vanocker Creek

At confluence with Vanocker Creek, just upstream of DM&E railroad

*3540

Just downstream of Pineview Drive

*3590

* National Geodetic Vertical Datum.

+ North American Vertical Datum.

# Depth in feet above ground.

ADDRESSES

City of Sturgis

Maps are available for inspection at 1040 Second Street, Suite 102, Sturgis, SD 57785.

Village of Maple Bluff, Wisconsin

FEMA Docket No.: B-7790

Wisconsin

Village of Maple Bluff

Lake Mendota

Entire Shoreline

+853

* National Geodetic Vertical Datum.

+ North American Vertical Datum.

# Depth in feet above ground.

ADDRESSES

Village of Maple Bluff

Maps are available for inspection at 18 Oxford Place, Madison, WI 53704.

Flooding source(s)

Location of referenced elevation

*Elevation in feet(NGVD)

+Elevation in feet(NAVD)

#Depth in feet above ground

Modified

Communities affected

Tulare County, California, and Incorporated Areas

FEMA Docket No.: B-7763

Kaweah River

At Mill Creek/Packwood Creek Split

+363

Unincorporated Areas of Tulare County.

At downstream side of Southern Pacific Railroad

+390

Shallow Flooding (extensive area covering 19 map panels)

Approximately 1,000 feet southeast of intersection of State Highway 99 and Goshen Avenue

+282

Unincorporated Areas of Tulare County, City of Farmersville, City of Visalia.

Approximately 350 feet southwest of intersection of Lort Drive and Railroad

+391

St. Johns River

Approximately 0.5 mile upstream of Avenue 328 Bridge

+317

Unincorporated Areas of Tulare County, City of Visalia.

Approximately 220 feet downstream of Southern Pacific Railroad

+378

* National Geodetic Vertical Datum.

+ North American Vertical Datum.

# Depth in feet above ground.

ADDRESSES

City of Farmersville

Maps are available for inspection at Farmersville City Hall, 909 West Visalia Road, Farmersville, CA.

City of Visalia

Maps are available for inspection at Visalia City Hall East, 315 East Acequia, Visalia, CA.

Unincorporated Areas of Tulare County

Maps are available for inspection at Tulare County Resource Management Agency, 5961 South Mooney Boulevard, Visalia, CA.

Crawford County, Kansas, and Incorporated Areas

FEMA Docket No.: 7770

Cow Creek

Approximately 0.34 mile downstream of South Broadway

+878

Unincorporated Areas of Crawford County, City of Pittsburg.

Confluence of Second Cow Creek

+891

East Fork of Taylor Branch

Approximately 0.35 mile downstream of East 4th Street

+899

Unincorporated Areas of Crawford County, City of Pittsburg.

At East Atkinson Avenue

+930

First Cow Creek

Confluence with Second Cow Creek

+891

Unincorporated Areas of Crawford County, City of Pittsburg.

Approximately 53 feet upstream of West 20th Street

+908

Taylor Branch

Confluence with East Fork Taylor Branch

+897

City of Pittsburg.

Approximately 0.36 mile upstream of East 10th Street

+934

* National Geodetic Vertical Datum.

+ North American Vertical Datum.

# Depth in feet above ground.

ADDRESSES

City of Pittsburg

Maps are available for inspection at 201 West 4th Street, Pittsburg, KS 66762.

Unincorporated Areas of Crawford County

Maps are available for inspection at 111 East Forest, Suite M, Girard, KS 66743.

Daviess County, Kentucky, and Incorporated Areas

FEMA Docket No.: B-7748

Gilles Ditch

Just upstream Audubon Parkway

+399

City of Owensboro, Unincorporated Areas of Daviess County.

Approximately 2600 feet upstream U.S. 60

+415

Goetz Ditch

Approximately 100 feet upstream South Griffith Avenue

+397

City of Owensboro, Unincorporated Areas of Daviess County.

Approximately 150 feet downstream South Griffith Avenue

+397

Horse Fork

Approximately 1500 feet upstream Wendell Ford Expressway.

+394

City of Owensboro, Unincorporated Areas of Daviess County.

Approximately 120 feet downstream of KY-54

+418

Ohio River

At the western county boundary (Approximately 11000 feet downstream Crane Pond Slough)

+383

City of Owensboro, Unincorporated Areas of Daviess County.

At confluence with Blackford Creek

+393

Persimmon Ditch

Just upstream Ewing Road

+389

City of Owensboro, Unincorporated Areas of Daviess County.

Just downstream U.S. 60

+401

Scherm Ditch

Just upstream Lewis Lane

+399

City of Owensboro, Unincorporated Areas of Daviess County.

Approximately 1100 feet upstream South Griffith Avenue

+400

Yellow Creek

Just upstream KY-144

+392

City of Owensboro, Unincorporated Areas of Daviess County.

Approximately 520 feet upstream Wendell Ford Expressway

+408

* National Geodetic Vertical Datum.

+ North American Vertical Datum.

# Depth in feet above ground.

ADDRESSES

City of Owensboro

Maps are available for inspection at PO Box 732, 200 East 3rd Street, Owensboro, KY 42302-0732.

Unincorporated Areas of Daviess County

Maps are available for inspection at PO Box 732, 200 East 3rd Street, Owensboro, KY 42302-0732.

Lea County, New Mexico, and Incorporated Areas

FEMA Docket No.: B-7790

Main Street Ditch

Approximately 270 feet downstream of S. Industrial Rd.

+3887

Unincorporated Areas of Lea County.

Approximately 2050 feet upstream of S. Industrial Road

+3893

Railroad Ditch

Intersection of S. Main Street and E. Gilmore Road

+3880

Unincorporated Areas of Lea County.

Intersection of R Avenue and 9th Street

+3911

Stream 2

Intersection with Dal Paso Street

+3637

Unincorporated Areas of Lea County.

Approximately 2650 feet upstream of Dal Paso St. (City of Hobbs limits)

+3643

Stream 3

Intersection with N. Dal Paso St.

+3655

Unincorporated Areas of Lea County.

Approximately 2850 feet upstream of N. Rolling Meadows Dr.

+3674

* National Geodetic Vertical Datum.

+ North American Vertical Datum.

# Depth in feet above ground.

ADDRESSES

Unincorporated Areas of Lea County

Maps are available for inspection at 100 North Main, Lovington, NM 88260.

Waukesha County, Wisconsin, and Incorporated Areas

FEMA Docket No.: B-7790

Lake Nagawicka

Entire Shoreline

*893

Village of Nashotah.

North Lake

Entire Shoreline

*900

Village of Chenequa.

* National Geodetic Vertical Datum.

+ North American Vertical Datum.

# Depth in feet above ground.

ADDRESSES

Village of Chenequa

Maps are available for inspection at 31275 W. Hwy K, Chenequa, WI 53029.

Village of Nashotah

Maps are available for inspection at N44 W32950 Watertown Plank Rd, Nashotah, WI 53058-0123.

(Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”)

Dated: October 24, 2008.

Michael K. Buckley,

Acting Assistant Administrator, Mitigation Directorate, Department of Homeland Security, Federal Emergency Management Agency.

[FR Doc. E8-26293 Filed 11-4-08; 8:45 am]

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