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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
CFR Citation: 44 CFR Part 67
NOTICE: RULES
DOCUMENT ACTION: Final rule.
SUBJECT CATEGORY: Final Flood Elevation Determinations
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.
[[Page 35954]]
DOCUMENT 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).
SUMMARY: Final Flood Elevation Determinations,
SUPPLEMENTAL 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.
Sec. 67.11 [Amended]
2. The tables published under the authority of Sec. 67.11 are amended as follows:
* Elevation in
feet (NGVD) +
Elevation in feet
Flooding source(s) Location of referenced (NAVD)
Petaluma River......................... Approximately 400 feet +9 City of Petaluma. south of the
intersection of South
McDowell Boulevard and Cader Lane.
Laguna de Santa Rosa Creek............. At downstream side of +97 City of Rohnert Park.
Redwood Highway South (US Route 101).
Approximately 0.80 mile +100
upstream of Redwood Highway South.
Russian River (Area behind Railroad Approximately 1.5 miles +285 Unincorporated Areas of
Avenue/Kelly Road levees). downstream of Crocker Sonoma County. Road.
Approximately 1,550 feet +300
downstream of Crocker Road.
+ North American Vertical Datum.
* National Geodetic Vertical Datum.
ADDRESSES City of Petaluma
Maps are available for inspection at Petaluma City Hall, 11 English Street, Petaluma, California. City of Rohnert Park
Maps available for inspection at the Rohnert Park City Public Works Department, 6750 Commerce Boulevard, Rohnert Park, California.
City of Santa Rosa
Maps are available for inspection at Santa Rosa City Hall, 100 Santa Rosa Avenue, Santa Rosa, California. Unincorporated Areas of Sonoma County
Maps are available for inspection at Sonoma County Engineering Division, 2550 Ventura Avenue, Santa Rosa, California.
[[Page 35955]]
Avery County, North Carolina and Incorporated Areas
Docket No.: FEMAD7676, FEMAD7808, FEMAB7746, FEMAB7763
Anthony Creek.......................... Approximately 140 feet +1,720 Avery County
upstream of Anthony (Unincorporated Areas).
Creek Road (SR 1362).
Approximately 1,100 feet +1,753
upstream of Anthony
Creek Road (SR 1362).
Beech Creek............................ At the confluence with +2,444 Unincorporated Areas of
Watauga River. Avery County.
Approximately 1,100 feet +2,776 upstream of the
confluence of Buckeye Creek.
Bill White Creek....................... At the confluence with +3,274 Avery County
Linville River. (Unincorporated Areas).
Approximately 1.2 miles +3,331 upstream of the
confluence with Linville River.
Brushy Creek........................... At the confluence with +2,622 Unincorporated Areas of
North Toe River. Avery County.
Approximately 2.0 miles +2,792 upstream of the
confluence with North Toe River.
Buckeye Creek.......................... At the confluence with +2,731 Unincorporated Areas of
Beech Creek. Avery County.
Approximately 950 feet +2,940 upstream of the
confluence of Clingman Mine Branch.
Cary Flat Branch....................... At the confluence with +2,047 Avery County
Wilson Creek. (Unincorporated Areas).
Approximately 720 feet +2,057 upstream of the
confluence with Wilson Creek.
Clark Branch........................... At the confluence with +3,325 Avery County
Mill Timber Creek. (Unincorporated Areas).
Approximately 0.7 mile +3,362 upstream of East
Crossnore Drive.
Clear Creek............................ At the confluence with +2,776 Unincorporated Areas of
North Toe River. Avery County.
Approximately 1,300 feet +2,816 upstream of the
confluence with North Toe River.
Cranberry Creek........................ At the confluence with +2,898 Unincorporated Areas of
Elk River. Avery County.
Approximately 0.5 mile +3,113
upstream of Substation Road.
Crossnore Creek........................ At the confluence with +3,323 Avery County
Mill Timber Creek. (Unincorporated Areas),
Town of Crossnore.
Approximately 60 feet +3,408
downstream of Henson Street.
Curtis Creek........................... At the confluence with +3,036 Unincorporated Areas of
Elk River. Avery County.
Approximately 170 feet +3,249
downstream of Alton
Palmer Road (State Road 1324).
Elk River.............................. At the North Carolina/ +2,693 Unincorporated Areas of
Tennessee state boundary. Avery County, Town of
Banner Elk.
Approximately 0.5 mile +3,673
downstream of Glove Factory Lane.
Elk River Tributary 1.................. At the North Carolina/ +2,772 Unincorporated Areas of
Tennessee state boundary. Avery County.
Approximately 0.7 mile +3,198
upstream of North
Carolina/Tennessee State boundary.
Fall Creek............................. At the confluence with +2,713 Unincorporated Areas of
Elk River. Avery County.
Approximately 0.8 mile +3,174 upstream of the
confluence with Elk River.
Gragg Prong Creek...................... At the confluence with +1,707 Unincorporated Areas of
Lost Cove Creek. Avery County.
Approximately 1,350 feet +2,199 upstream of the
confluence with Webb Creek.
Hanging Rock Creek..................... At the confluence with +3,658 Unincorporated Areas of
Elk River. Avery County, Town of
Banner Elk.
Approximately 160 feet +3,848
downstream of Dobbins
Road (State Road 1337). [[Page 35956]]
Harper Creek........................... At the Avery/Caldwell +1,800 Avery County
County boundary. (Unincorporated Areas).
At the confluence of +1,816
South Harper and North Harper Creeks.
Henson Creek........................... At the confluence with +2,838 Unincorporated Areas of
North Toe River. Avery County.
Approximately 700 feet +3,351
upstream of Henson Creek
Road (State Road 1126).
Horney Creek........................... At the confluence with +3,391 Unincorporated Areas of
Elk River. Avery County, Town of
Banner Elk.
Approximately 1,620 feet +3,586
upstream of Banner Elk Highway/US194.
Horse Bottom Creek..................... At the confluence with +3,686 Unincorporated Areas of
Hanging Rock Creek. Avery County, Town of
Banner Elk.
Approximately 650 feet +3,774
upstream of Guignard Lane.
Hull Branch............................ At the confluence of +2,279 Avery County
South Harper Creek. (Unincorporated Areas).
Approximately 450 feet +2,285 upstream of the
confluence with South Harper Creek.
Kentucky Creek......................... At the confluence with +3,590 Unincorporated Areas of
North Toe River. Avery County, Town of
Newland.
Approximately 0.5 mile +3,762
upstream of Damon Vance Lane.
Linville River (downstream)............ Approximately 0.3 mile +3,206 Avery County
downstream of the Avery/ (Unincorporated Areas).
Burke County boundary.
Approximately 1.1 miles +3,573
upstream of River Road.
Linville River (upstream).............. Approximately 50 feet +3,695 Avery County
downstream of Highland (Unincorporated Areas),
Mist Road. Village of Grandfather
Village.
At the confluence of Big +3,834 Grassy Creek.
Little Elk Creek....................... At the confluence with +2,865 Unincorporated Areas of
Elk River. Avery County, Town of
Elk Park.
Approximately 0.8 mile +3,716
upstream of Little Elk
Road (State Road 1173).
Little Elk Creek Tributary 1........... At the confluence with +2,897 Unincorporated Areas of
Little Elk Creek. Avery County, Town of
Elk Park.
Approximately 140 feet +3,564
upstream of Brooks Shell
Road (State Road 1171).
Little Elk Creek Tributary 1A.......... At the confluence with +3,098 Unincorporated Areas of
Little Elk Creek Avery County, Town of
Tributary 1. Elk Park.
Approximately 1,420 feet +3,445
upstream of Brooks Shell
Road (State Road 1171).
Little Elk Creek Tributary 2........... At the confluence with +3,037 Unincorporated Areas of
Little Elk Creek. Avery County, Town of
Elk Park.
Approximately 260 feet +3,146
upstream of Cliff Taylor Lane.
Lost Cove Creek........................ At the Avery/Caldwell +1,580 Avery County
County boundary. (Unincorporated Areas).
Approximately 2.1 miles +1,947 upstream of the
confluence with Gragg Prong Creek.
Mill Timber Creek...................... At the confluence with +3,315 Avery County
Linville River. (Unincorporated Areas).
Approximately 150 feet +3,362
downstream of U.S. 221.
North Toe River........................ Approximately 1.3 miles +2,604 Unincorporated Areas of
downstream of the Avery County, Town of
confluence of Brushy Newland. Creek.
At the confluence of +3,770
Hickorynut Branch.
Plumtree Creek......................... At the confluence with +2,865 Unincorporated Areas of
North Toe River. Avery County.
Approximately 1.0 mile +2,957
upstream of US19.
Roaring Creek.......................... At the confluence with +2,966 Unincorporated Areas of
North Toe River. Avery County. [[Page 35957]]
Approximately 2.7 miles +4,240
upstream of Roaring
Creek Road (State Road 1132).
Rockhouse Creek........................ At the confluence with +1,580 Avery County
Lost Cove Creek. (Unincorporated Areas).
Approximately 0.5 mile +1,639
upstream of the Avery/
Caldwell County boundary.
Shawneehaw Creek....................... Approximately 300 feet +3,644 Unincorporated Areas of
upstream of the Avery County, Town of
confluence with Elk Banner Elk. River.
Approximately 270 feet +3,962
upstream of Gualtney
Road (State Road 1335).
Shawneehaw Creek Tributary 1........... At the confluence with +3,813 Unincorporated Areas of
Shawneehaw Creek. Avery County, Town of
Banner Elk.
Approximately 880 feet +3,871
upstream of Balm Highway/ US194.
Shoemaker Creek........................ At the confluence with +3,796 Unincorporated Areas of
Shawneehaw Creek. Avery County, Town of
Banner Elk.
Approximately 400 feet +3,882
upstream of Shoemaker Road.
South Harper Creek..................... At the confluence with +1,816 Avery County
Harper Creek. (Unincorporated Areas).
Approximately 320 feet +2,284 upstream of the
confluence of Hull Branch.
Stamey Branch.......................... At the confluence with +3,263 Avery County
Linville River. (Unincorporated Areas).
Approximately 0.6 mile +3,281 upstream of the
confluence with Linville River.
Sugar Creek............................ Approximately 150 feet +3,681 Unincorporated Areas of
upstream of the Avery County, Town of
confluence with Elk Banner Elk. River.
Approximately 1,250 feet +3,727
upstream of Mac Lane.
Threemile Creek........................ At the confluence with +2,756 Unincorporated Areas of
North Toe River. Avery County.
Approximately 0.8 mile +2,853
upstream of Greenway Lane.
Trivett Branch......................... At the North Carolina/ +2,644 Unincorporated Areas of
Tennessee state boundary. Avery County.
Approximately 700 feet +2,995 upstream of the
confluence with Trivett
Branch Tributary 3.
Trivett Branch Tributary 1............. At the North Carolina/ +2,633 Unincorporated Areas of
Tennessee state boundary. Avery County.
Approximately 700 feet +2,841 upstream of the
confluence of Trivett
Branch Tributary 1A.
Trivett Branch Tributary 1A............ At the confluence with +2,760 Unincorporated Areas of
Trivett Branch Tributary Avery County. 1.
Approximately 720 feet +2,890 upstream of the
confluence with Trivett
Branch Tributary 1.
Trivett Branch Tributary 2............. At the confluence with +2,650 Unincorporated Areas of
Trivett Branch. Avery County.
Approximately 1,150 feet +2,754 upstream of the
confluence with Trivett Branch.
Trivett Branch Tributary 3............. At the confluence with +2,968 Unincorporated Areas of
Trivett Branch. Avery County.
Approximately 370 feet +2,998
upstream of Dark Ridge
Road (State Road 1310).
Watauga River.......................... At the North Carolina/ +2,142 Unincorporated Areas of
Tennessee state boundary. Avery County.
At the confluence of +2,446 Beech Creek.
Webb Creek............................. At the confluence with +2,172 Avery County
Gragg Prong Creek. (Unincorporated Areas).
Approximately 475 feet +2,396
upstream of Webb Creek Road.
Whitehead Creek........................ At the confluence with +3,404 Unincorporated Areas of
Elk River. Avery County, Town of
Banner Elk,
Approximately 100 feet +3,764
upstream of Tumbling Brook Drive.
West Fork Linville River............... Approximately 670 feet +3,684 Avery County
upstream of Joe Hartley (Unincorporated Areas). Road.
Approximately 0.4 mile +3,712
upstream of Joe Hartley Road.
[[Page 35958]]
Wilson Creek........................... At the Avery/Caldwell +1,670 Avery County
County boundary. (Unincorporated Areas).
Approximately 500 feet +2,056 upstream of the
confluence with Cary Flat Branch.
+ North American Vertical Datum.
* National Geodetic Vertical Datum.
ADDRESSES
Avery County (Unincorporated Areas)
Maps are available for inspection at the Avery County Courthouse, 100 Montezuma Street, Newland, North Carolina. Town of Banner Elk
Maps are available for inspection at the Banner Elk Town Hall, 200 Park Avenue, Banner Elk, North Carolina. Town of Crossnore
Maps are available for inspection at the Crossnore Town Hall, 1 Circle Drive, Crossnore, North Carolina. Town of Elk Park
Maps are available for inspection at the Elk Park Town Hall, 169 Winters Street, Elk Park North Carolina. Town of Newland
Maps are available for inspection at the Newland Town Hall, 301 Cranberry Street, Newland, North Carolina.
(Catalog of Federal Domestic Assistance No. 97.022, ``Flood Insurance.'')
Dated: June 17, 2008.
David I. Maurstad,
Federal Insurance Administrator of the National Flood Insurance
Program, Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. E814326 Filed 62408; 8:45 am]
BILLING CODE 911012P
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) 6463151.
Common CFR Searches
14 CFR Part 39 40 CFR Part 52 14 CFR Part 71 33 CFR Part 165 47 CFR Part 73 26 CFR Part 1 50 CFR Part 679 40 CFR Part 180 50 CFR Part 17 33 CFR Part 117 44 CFR Part 67 50 CFR Part 648 14 CFR Part 97 40 CFR Part 63 6 CFR Part 5 33 CFR Part 100 50 CFR Part 622 50 CFR Part 660 26 CFR Part 301 44 CFR Part 65 39 CFR Part 111 40 CFR Part 271 40 CFR Part 300 47 CFR Part 64 40 CFR Parts 52 and 81 50 CFR Part 665 39 CFR Part 3020 50 CFR Part 229 44 CFR Part 64 49 CFR Part 571