[Federal Register: July 3, 2008 (Volume 73, Number 129)] [Rules and Regulations] [Page 38132-38138] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr03jy08-8] ======================================================================= ----------------------------------------------------------------------- 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 [[Page 38133]] 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. 0 Accordingly, 44 CFR part 67 is amended as follows: PART 67--[AMENDED] 0 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] 0 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) Communities affected elevationDepth in feet above ground Modified ---------------------------------------------------------------------------------------------------------------- Jackson County, Alabama, and Incorporated Areas Docket No.: FEMA-B-7744 ---------------------------------------------------------------------------------------------------------------- Bengis Creek Tributary................. 1,180 feet upstream from County +614 City of Stevenson. Route 85. 1,195 feet upstream from County +614 Route 85. Crow Creek............................. 240 feet upstream from John T +607 City of Stevenson. Reid Parkway. 790 feet upstream from County +610 Route 53. Dry Creek.............................. 2,300 feet upstream from +608 Unincorporated Areas of Snodgrass Road. Jackson County, City of Scottsboro. 25 feet downstream from +622 Southern Railway. Guntersville Lake...................... 8,810 feet upstream from +598 Goosepond Drive. 4,900 feet downstream from +598 Goosepond Drive. Little Paint Creek..................... 80 feet downstream from County +589 Unincorporated Areas of Route 108. Jackson County, City of Bridgeport. 50 feet upstream from County +591 Route 108. Tennessee River........................ 1,300 feet downstream from +612 Railroad. 6,020 feet downstream from +612 Railroad. Town Creek............................. 4,310 feet upstream from County +605 Unincorporated Areas of Route 33. Jackson County. 4,320 feet upstream from County +605 Route 33. ---------------------------------------------------------------------------------------------------------------- * National Geodetic Vertical Datum. + North American Vertical Datum. Depth in feet above ground. ADDRESSES City of Bridgeport Maps are available for inspection at 116 Jim Thomas Avenue, Bridgeport, AL 35740. City of Scottsboro Maps are available for inspection at 916 S. Broad Street, Scottsboro, AL 35768. City of Stevenson Maps are available for inspection at 104 Kentucky Avenue, Stevenson, AL 35772. Unincorporated Areas of Jackson County Maps are available for inspection at 102 E. Laurel Street, Suite 47, Scottsboro, AL 35768. ---------------------------------------------------------------------------------------------------------------- Camden County, Georgia, and Incorporated Areas Docket No.: FEMA-B-7755 ---------------------------------------------------------------------------------------------------------------- St. Marys River........................ At the Charlton/Nassau/Camden +8 Unincorporated Areas of County Boundary. Camden County. Approximately 460 feet +8 downstream of the Charlton/ Nassau/Camden County Boundary. ---------------------------------------------------------------------------------------------------------------- * National Geodetic Vertical Datum. + North American Vertical Datum. Depth in feet above ground. [[Page 38134]] ADDRESSES Unincorporated Areas of Camden County Maps are available for inspection at Camden County Planning and Building Department, 107 Gross Road, Suite 3, Kingsland, GA 31548. ---------------------------------------------------------------------------------------------------------------- Cobb County, Georgia, and Incorporated Areas Docket No.: FEMA-B-7753 ---------------------------------------------------------------------------------------------------------------- Allatoona Branch....................... Approximately 700 feet upstream +985 Unincorporated Areas of of confluence of Allatoona Cobb County. Creek. Approximately 75 feet upstream +1019 of Holland Rd. Allatoona Creek........................ Approximately 625 feet upstream +862 Unincorporated Areas of of County Line Rd. Cobb County. Approximately 1,625 feet +1070 upstream of Holland Rd. Bishop Creek........................... Just upstream of confluence +911 Unincorporated Areas of with Sope Creek. Cobb County. Just upstream of Seven Springs +979 Circle. Blackjack Creek........................ Just upstream of confluence +999 Unincorporated Areas of with Sope Creek. Cobb County, City of Marietta. Just upstream of Lightfoot +1065 Circle. Butler Creek........................... Approximately 1,375 feet +862 Unincorporated Areas of upstream of Nance Rd. Cobb County, City of Acworth, City of Kennesaw. Approximately 600 feet +1024 downstream of Sumit Wood Drive. Campgound Creek........................ Just upstream of confluence +931 Unincorporated Areas of with Sope Creek. Cobb County. Approximately 800 feet upstream +1057 of Roswell Road. Concord Creek.......................... Approximately 50 feet upstream +897 Unincorporated Areas of of Covered Bridge Road. Cobb County. Approximately 650 feet +1014 downstream of Durrell Street. Cooper Lake Creek...................... Approximately 550 feet +825 Unincorporated Areas of downstream of East West Cobb County, City of Connector. Smyrna. Approximately 100 feet upstream +892 of Gann Road. Due West Creek......................... Approximately 300 feet +896 Unincorporated Areas of downstream of Hadaway Road. Cobb County. Approximately 1,100 feet +988 downstream of Butterfield Road. Eastside Creek......................... Just upstream of Confluence +920 Unincorporated Areas of with Sope Creek. Cobb County. Just downstream of Greenview +965 Drive. Elizabeth Branch....................... Just upstream of the confluence +1000 Unincorporated Areas of with Sope Creek. Cobb County, City of Marietta. Approximately 1,750 feet +1082 upstream of Interstate 75. Favor Creek............................ Approximately 1,025 feet +917 Unincorporated Areas of upstream of confluence of Cobb County. Nickajack Creek. Approximately 1,225 feet +987 downstream of Favor Road. Hope Creek............................. Just upstream of confluence +940 Unincorporated Areas of with Rottenwood Creek. Cobb County, City of Marietta. Approximately 1,100 feet +1004 upstream of Interstate 75. Laurel Creek........................... Approximately 375 feet upstream +807 Unincorporated Areas of of Norfolk Southern Cobb County, City of Corporation railroad. Smyrna. Approximately 150 feet +986 downstream of Dunn Street. Liberty Hill Branch.................... Approximately 400 feet upstream +770 Unincorporated Areas of of Monarch Valley Walk. Cobb County. Approximately 950 feet upstream +914 of Blackhawk Trail. Little Allatoona Creek................. Approximately 1,875 feet +896 Unincorporated Areas of upstream of Old Stilesboro Cobb County. Road. Approximately 925 feet upstream +932 of Fernstone Road. Little Noonday Creek................... Approximately 1,925 feet +906 Unincorporated Areas of upstream of confluence of Cobb County. Noonday Creek. Approximately 1,325 feet +1007 upstream of Almon Drive. Lost Mountain Creek.................... At Confluence with Wildhorse +907 City of Powder Springs. Creek. Approximately 1,850 feet +907 upstream of the confluence with Wildhorse Creek. Luther Ward Creek...................... Approximately 1,525 feet +920 Unincorporated Areas of upstream of confluence of Mud Cobb County. Creek. Approximately 1,700 feet +963 upstream of Luther Ward Road. [[Page 38135]] Milam Branch........................... Approximately 700 feet upstream +914 Unincorporated Areas of of confluence of Queen Creek. Cobb County. Approximately 50 feet +1010 downstream of Lone Oak Drive. Mill Creek No. 1....................... Approximately 250 feet upstream +942 Unincorporated Areas of of the confluence of Powder Cobb County. Springs Creek. Just downstream of Poplar +1001 Springs Road. Mill Creek No. 2....................... Approximately 2,000 feet +908 Unincorporated Areas of upstream of confluence of Cobb County. Nickajack Creek. Approximately 100 feet upstream +965 of Hicks Road. Morgan Lake Tributary.................. Just upstream of Rio Montana +947 Unincorporated Areas of Drive. Cobb County. Approximately 300 feet +986 downstream of Morgan Lake Dam. Mud Creek.............................. Approximately 1,600 feet +912 Unincorporated Areas of upstream of confluence of Nose Cobb County. Creek. Approximately 250 feet +1024 downstream of Gordon Combs Road. Nickajack Creek........................ Approximately 2,550 feet +767 Unincorporated Areas of downstream of Veterans Cobb County, City of Memorial Highway. Smyrna. Approximately 200 feet upstream +1047 of Cobb Drive. Noonday Creek.......................... Approximately 175 feet upstream +904 Unincorporated Areas of of Shallowford Road. Cobb County, City of Kennesaw, City of Marietta. Approximately 325 feet upstream +1025 of New Salem Road. Noonday Tributary No. 3................ Approximately 1,125 feet +928 Unincorporated Areas of upstream of confluence of Cobb County, City of Noonday Creek. Marietta. Approximately 350 feet +1051 downstream Dickson Road. Noonday Tributary No. 7................ Approximately 425 feet upstream +953 Unincorporated Areas of of confluence of Noonday Creek. Cobb County. Approximately 1,500 feet +995 downstream of Club Drive. Noses Creek............................ Approximately 300 feet upstream +892 Unincorporated Areas of of Clay Road. Cobb County, City of Austell, City of Marietta, City of Powder Springs. Approximately 225 feet +1082 downstream of Tower Road. Olley Creek............................ Approximately 2,525 feet +892 Unincorporated Areas of upstream of confluence of Cobb County, City of Sweetwater Creek. Austell, City of Marietta. Approximately 50 feet +1069 downstream of Hill Street. Olley Creek Tributary.................. Approximately 350 feet +1001 Unincorporated Areas of downstream of Booth Road. Cobb County, City of Marietta. Approximately 600 feet upstream +1026 of Brownstone Road. Piney Grove Creek...................... Just upstream of the Confluence +951 Unincorporated Areas of with Sewell Mill Creek. Cobb County. Just downsteam of Davis Road... +1067 Pitner Creek........................... Approximately 800 feet upstream +890 Unincorporated Areas of of confluence of Little Cobb County. Allatoona Creek. Approximately 425 feet upstream +997 of Fords Road. Poorhouse Creek........................ Just upstream of the confluence +928 Unincorporated Areas of with Rottenwood Creek. Cobb County, City of Marietta. Approximately 4,800 feet +954 upstream of Cobb Parkway. Poplar Creek........................... Just upstream of confluence +880 Unincorporated Areas of with Rottenwood Creek. Cobb County, City of Smyrna. Just upstream of PineCrest +1011 Circle. Powder Springs Creek................... Approximately 2,100 feet +914 Unincorporated Areas of upstream of C H James Parkway. Cobb County. Approximately 800 feet upstream +941 of Macland Road. Powers Creek........................... Just upstream of confluence +933 Unincorporated Areas of with Rottenwood Creek. Cobb County. Approximately 200 feet upstream +951 of Powers Ferry Road. Proctor Creek.......................... Approximately 1,950 feet +865 Unincorporated Areas of upstream of Old Highway 41. Cobb County, City of Acworth, City of Kennesaw. Just upstream of Jiles Road.... +948 Queen Creek............................ Approximately 175 feet +767 Unincorporated Areas of downstream of Queens River Cobb County. Drive. Approximately 225 feet upstream +997 of Mableton Drive. [[Page 38136]] Robertson Creek........................ Just upstream of the Confluence +923 Unincorporated Areas of with Sewell Mill Creek. Cobb County. Approximately 600 feet upstream +1019 of Benson Drive. Rottenwood Creek....................... Approximately 500 feet upstream +789 Unincorporated Areas of of the confluence with the Cobb County, City of Chattahoochee River. Marietta. Just upstream of Fairground +1052 Street. Rubes Creek............................ Approximately 2,800 feet +896 Unincorporated Areas of upstream of confluence of Cobb County. Trickum Creek. Approximately 130 feet upstream +1075 of Saxony Glen. Rubes Creek Tributary.................. Just upstream of Confluence +918 Unincorporated Areas of with Rubes Creek. Cobb County. Approximately 750 feet upstream +986 of Keheley Road. Sewell Mill Creek...................... Just Upsteam of Greenfield +921 Unincorporated Areas of Drive. Cobb County, City of Smyrna. Just upstream of Karen Lane.... +1084 Smyrna Branch.......................... Approximately 450 feet +933 downstream of Cobb Drive. Approximately 175 feet upstream +997 of Powder Springs Street. Sope Branch............................ Just upstream of Confluence +1023 City of Marietta. with Sope Creek. Approximately 300 feet upstream +1088 of Sequoia Road. Sope Creek............................. Just upstream of confluence +808 Unincorporated Areas of with the Chattahoochee River. Cobb County, City of Marietta. Approximately 1,025 feet +1042 upstream of Fairground Street. Tanyard Creek.......................... Approximately 1,275 feet +864 Unincorporated Areas of upstream of Lake Acworth Drive. Cobb County, City of Acworth. Approximately 300 feet +919 downstream of Baker Plantation Drive. Theater Branch......................... Approximately 125 feet upstream +929 Unincorporated Areas of of Old Concord Road. Cobb County, City of Smyrna. Just downstream of Parkway +973 Drive. Thompson Creek......................... Just upstream of the Confluence +934 Unincorporated Areas of with Sewell Mill Creek. Cobb County. Just upstream of Pine Road..... +965 Trickum Creek.......................... Just upstream of Confluence +911 Unincorporated Areas of with Rubes Creek. Cobb County. Approximately 400 feet upstream +1054 of Pete Shaw Road. Trickum Creek Tributary................ Just upstream of confluence +935 Unincorporated Areas of with Trickum Creek. Cobb County. Just downstream of Jims Road... +1108 Ward Creek............................. Approximately 600 feet upstream +926 Unincorporated Areas of of Ernest Barrett Parkway. Cobb County, City of Marietta. Approximately 50 feet +1050 downstream of Northcutt Street. Westside Branch........................ At confluence with Ward Creek.. +1016 City of Marietta. Approximately 500 feet upstream +1016 of the confluence with Ward Creek. Wildhorse Creek........................ At Confluence with Noses Creek. +907 Unincorporated Areas of Cobb County, City of Powder Springs. Just downstream of Macedonia +907 Road. Wildwood Branch........................ Just upstream of the confluence +985 Unincorporated Areas of with Sope Creek. Cobb County, City of Marietta. Approximately 300 feet +1027 downstream of Varner Road. ---------------------------------------------------------------------------------------------------------------- * National Geodetic Vertical Datum. + North American Vertical Datum. Depth in feet above ground. ADDRESSES City of Acworth Maps are available for inspection at City Hall, 4415 Senator Russell Avenue, Acworth, GA 30101. City of Austell Maps are available for inspection at 2716 Broad Street, SW, Austell, GA 30106. City of Kennesaw Maps are available for inspection at 2529 J.O. Stephenson Avenue, Kennesaw, GA 30144. City of Marietta Maps are available for inspection at Development and Inspection Department, 205 Lawrence Street, Marietta, GA 30060. City of Powder Springs [[Page 38137]] Maps are available for inspection at City Hall, 4484 Marietta Street, Powder Springs, GA 30127. City of Smyrna Maps are available for inspection at City Hall, 2800 King Street, Smyrna, GA 30080. Unincorporated Areas of Cobb County Maps are available for inspection at 100 Cherokee Street, Marietta, GA 30090. ---------------------------------------------------------------------------------------------------------------- Labette County, Kansas, and Incorporated Areas Docket No.: FEMA-D-7826 ---------------------------------------------------------------------------------------------------------------- Bachelor Creek......................... Approximately 0.81 mile +855 Unincorporated Areas of upstream of confluence with Labette County. Labette Creek. Approximately 1.4 miles +888 upstream of Ness Road. Labette Creek.......................... Approximately 0.74 mile +864 City of Parsons, downstream of Southern Avenue. Unincorporated Areas of Labette County. Approximately 2.2 miles +892 upstream of MKT Railroad. Labette Creek.......................... Approximately 0.38 mile +855 Unincorporated Areas of downstream of confluence with Labette County. Bachelor Creek. Approximately 3.03 miles +858 upstream of confluence with Bachelor Creek. Labette Creek Tributary A.............. Approximately 0.95 mile +856 Unincorporated Areas of downstream of Rooks Road. Labette County. Approximately 0.44 mile +866 upstream of Rooks Road. Labette Creek Tributary B.............. Approximately 0.75 mile +859 Unincorporated Areas of upstream of confluence with Labette County. Labette Creek. Approximately 1.07 miles +888 upstream of Queens Road. Little Labette Creek................... Approximately 0.27 mile +865 City of Parsons, downstream of MKT Railroad. Unincorporated Areas of Labette County. Approximately 0.45 mile +907 upstream of U.S. Highway 160. Little Labette Creek Tributary A....... Approximately 0.19 mile +885 Unincorporated Areas of upstream of confluence with Labette County. Little Labette Creek. Approximately 1.30 miles +903 upstream of Meade Road. Little Labette Creek Tributary B....... Approximately 500 feet upstream +897 Unincorporated Areas of of confluence with Little Labette County. Labette Creek. Approximately 0.23 mile +903 upstream of U.S. Highway 160. Tolen Creek............................ Approximately 0.38 mile +880 City of Parsons, upstream of confluence with Unincorporated Areas of Labette Creek. Labette County. Approximately 0.32 mile +891 upstream of Pratt Road. Tolen Creek Tributary A................ Approximately 0.11 mile +883 City of Parsons, upstream of confluence of Unincorporated Areas of Tolen Creek. Labette County. Appromimately 1.46 miles +901 upstream of U.S. Highway 160. ---------------------------------------------------------------------------------------------------------------- * National Geodetic Vertical Datum. + North American Vertical Datum. Depth in feet above ground. ADDRESSES City of Parsons Maps are available for inspection at 112 South 17th Street, Parsons, KS 67357. Unincorporated Areas of Labette County Maps are available for inspection at 501 Merchant Street, Oswego, KS 67356. ---------------------------------------------------------------------------------------------------------------- Jefferson County, Tennessee, and Incorporated Areas Docket No.: FEMA-B-7751 ---------------------------------------------------------------------------------------------------------------- Douglas Lake........................... Approximately 5,100 feet +1002 Unincorporated Areas of upstream of confluence of Jefferson County, City Leadvale Creek. of Baneberry, Town of Dandridge. At Sevier/Jefferson county +1002 boundary. Mossy Creek............................ Approximately 2,200 feet +1075 Unincorporated Areas of downstream of Russell Avenue. Jefferson County, Town of Jefferson City. [[Page 38138]] Approximately 1,050 feet +1075 downstream of Russell Avenue. ---------------------------------------------------------------------------------------------------------------- * National Geodetic Vertical Datum. + North American Vertical Datum. Depth in feet above ground. ADDRESSES City of Baneberry Maps are available for inspection at 667 Harrison Ferry Road, Baneberry, TN 37890. Town of Dandridge Maps are available for inspection at P.O. Box 249, Dandridge, TN 37725. Town of Jefferson City Maps are available for inspection at P.O. Box 530, 112 West Broadway Boulevard, Jefferson City, TN 37760. Unincorporated Areas of Jefferson County Maps are available for inspection at P.O. Box 710, 214 West Main Street, Dandridge, TN 37725. ---------------------------------------------------------------------------------------------------------------- Lawrence County, Tennessee, and Incorporated Areas Docket No.: FEMA-B-7748 ---------------------------------------------------------------------------------------------------------------- Buffalo River.......................... Approximately 1,028 feet +792 Unincorporated Areas of upstream of confluence of Saw Lawrence County. Creek. Approximately 2,040 feet +812 upstream of State Highway 240. Shoal Creek............................ At New Shoal Creek Dam......... +759 Unincorporated Areas of Lawrence County. Approximately 8,540 feet +787 downstream of Old Waynesboro Highway. ---------------------------------------------------------------------------------------------------------------- * National Geodetic Vertical Datum. + North American Vertical Datum. Depth in feet above ground. ADDRESSES Unincorporated Areas of Lawrence County Maps are available for inspection at 240 West Gaines Street, Lawrenceburg, TN 38464. ---------------------------------------------------------------------------------------------------------------- (Catalog of Federal Domestic Assistance No. 97.022, Flood Insurance.) Dated: June 25, 2008. David I. Maurstad, Federal Insurance Administrator of the National Flood Insurance Program, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E8-15121 Filed 7-2-08; 8:45 am] BILLING CODE 9110-12-P