[Federal Register Volume 76, Number 146 (Friday, July 29, 2011)]
[Proposed Rules]
[Pages 45485-45488]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-19241]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-B-1037]


Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Proposed rule; correction.

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SUMMARY: On March 25, 2009, FEMA published in the Federal Register a 
proposed rule that contained an erroneous table. This notice provides 
corrections to that table, to be used in lieu of the information 
published at 74 FR 12804. The table provided here represents the 
flooding sources, location of referenced elevations, effective and 
modified elevations, and communities affected for Livingston County, 
Kentucky, and Incorporated Areas. Specifically, it addresses the 
following flooding sources: Bayou Creek (backwater effects from Ohio 
River), Bayou Creek Tributary 20 (backwater effects from Ohio River), 
Bissell Creek (backwater effects from Ohio River), Buck Creek 
(backwater effects from Ohio River), Claylick Creek (backwater effects 
from Ohio River), Cooper Creek (backwater effects from Tennessee 
River), Cumberland River (backwater effects from Ohio River), Cypress 
Creek (backwater effects from Ohio River), Deer Creek (backwater 
effects from Ohio River), Dry Branch (backwater effects from Tennessee 
River), Dry Fork (backwater effects from Ohio River), Dyer Hill Creek 
(backwater effects from Ohio River), Ferguson Creek (backwater effects 
from Ohio River), Givens Creek (backwater effects from Ohio River), 
Guess Creek (backwater effects from Tennessee River), Guess Creek 
Tributary 9 (backwater effects from Tennessee River), Hickory Creek 
(backwater effects from Ohio River), Jones Creek (backwater effects 
from Tennessee River), Kentucky Lake, Lake Barkley, Lee Creek 
(backwater effects from Tennessee River), McCormick Creek (backwater 
effects from Ohio River), McGilligan Creek (backwater effects from Ohio 
River), Ohio River, Phelps Creek (backwater effects from Ohio River), 
Phelps Creek Tributary 2 (backwater effects from Ohio River), Sandy 
Creek (backwater effects from Ohio River), Smith Creek (backwater 
effects from Ohio River), Snglin Creek (backwater effects from Ohio 
River), Sugar Creek (backwater effects from Ohio River), Sugarcamp 
Creek (backwater effects from Ohio River), Sugarcamp Creek Tributary 3 
(backwater effects from Ohio River), the Tennessee River, and Turkey 
Creek (backwater effects from Ohio River).

DATES: Comments are to be submitted on or before October 27, 2011.

ADDRESSES: You may submit comments, identified by Docket No. FEMA-B-
1037, to 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 (e-
mail) luis.rodriguez1@dhs.gov.

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 (e-mail) luis.rodriguez1@dhs.gov.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency 
(FEMA) publishes proposed determinations of Base (1% annual-chance) 
Flood Elevations (BFEs) and modified BFEs for communities participating 
in the National Flood Insurance Program (NFIP), in accordance with 
section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 
4104, and 44 CFR 67.4(a).
    These proposed BFEs and modified BFEs, together with the floodplain 
management criteria required by 44 CFR 60.3, are minimum requirements. 
They

[[Page 45486]]

should not be construed to mean that the community must change any 
existing ordinances that are more stringent in their floodplain 
management requirements. The community may at any time enact stricter 
requirements of its own or pursuant to policies established by other 
Federal, State, or regional entities. These proposed elevations are 
used to meet the floodplain management requirements of the NFIP and 
also are used to calculate the appropriate flood insurance premium 
rates for new buildings built after these elevations are made final, 
and for the contents in those buildings.

Corrections

    In the proposed rule published at 74 FR 12804, in the March 25, 
2009, issue of the Federal Register, FEMA published a table under the 
authority of 44 CFR 67.4. The table entitled ``Livingston County, 
Kentucky and Incorporated Areas'' addressed the flooding sources 
Kentucky Lake, Lake Barkley, Ohio River, and Tennessee River. That 
table contained inaccurate information as to the location of referenced 
elevation, effective and modified elevation in feet, and/or communities 
affected for those flooding sources. In addition, it did not include 
the following flooding sources: Bayou Creek (backwater effects from 
Ohio River), Bayou Creek Tributary 20 (backwater effects from Ohio 
River), Bissell Creek (backwater effects from Ohio River), Buck Creek 
(backwater effects from Ohio River), Claylick Creek (backwater effects 
from Ohio River), Cooper Creek (backwater effects from Tennessee 
River), Cumberland River (backwater effects from Ohio River), Cypress 
Creek (backwater effects from Ohio River), Deer Creek (backwater 
effects from Ohio River), Dry Branch (backwater effects from Tennessee 
River), Dry Fork (backwater effects from Ohio River), Dyer Hill Creek 
(backwater effects from Ohio River), Ferguson Creek (backwater effects 
from Ohio River), Givens Creek (backwater effects from Ohio River), 
Guess Creek (backwater effects from Tennessee River), Guess Creek 
Tributary 9 (backwater effects from Tennessee River), Hickory Creek 
(backwater effects from Ohio River), Jones Creek (backwater effects 
from Tennessee River), Lee Creek (backwater effects from Tennessee 
River), McCormick Creek (backwater effects from Ohio River), McGilligan 
Creek (backwater effects from Ohio River), Phelps Creek (backwater 
effects from Ohio River), Phelps Creek Tributary 2 (backwater effects 
from Ohio River), Sandy Creek (backwater effects from Ohio River), 
Smith Creek (backwater effects from Ohio River), Snglin Creek 
(backwater effects from Ohio River), Sugar Creek (backwater effects 
from Ohio River), Sugarcamp Creek (backwater effects from Ohio River), 
Sugarcamp Creek Tributary 3 (backwater effects from Ohio River), and 
Turkey Creek (backwater effects from Ohio River). In this notice, FEMA 
is publishing a table containing the accurate information, to address 
these prior errors. The information provided below should be used in 
lieu of that previously published.

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                                                                  * Elevation in feet
                                                                (NGVD)  + Elevation in
                                                                feet  (NAVD)  
                                       Location of referenced     Depth in feet above
         Flooding source(s)                 elevation**        ground [caret] Elevation    Communities affected
                                                                    in meters (MSL)
                                                              --------------------------
                                                                Effective     Modified
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                               Livingston County, Kentucky, and Incorporated Areas
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Bayou Creek (backwater effects from   From the Ohio River             None         +348  Unincorporated Areas of
 Ohio River).                          confluence to                                      Livingston County.
                                       approximately 4.7
                                       miles upstream of the
                                       Sugarcamp Creek
                                       confluence.
Bayou Creek Tributary 20 (backwater   From the Bayou Creek            None         +348  Unincorporated Areas of
 effects from Ohio River).             confluence to                                      Livingston County.
                                       approximately 1.8
                                       miles upstream of the
                                       Bayou Creek confluence.
Bissell Creek (backwater effects      From the Cumberland             None         +343  Unincorporated Areas of
 from Ohio River).                     River confluence to                                Livingston County.
                                       approximately 2.9
                                       miles upstream of the
                                       Cumberland River
                                       confluence.
Buck Creek (backwater effects from    From the Ohio River             None         +355  Unincorporated Areas of
 Ohio River).                          confluence to                                      Livingston County.
                                       approximately 3.3
                                       miles upstream of the
                                       Ohio River confluence.
Claylick Creek (backwater effects     From the Cumberland             None         +343  Unincorporated Areas of
 from Ohio River).                     River confluence to                                Livingston County.
                                       approximately 5 miles
                                       upstream of the
                                       Cumberland River
                                       confluence.
Cooper Creek (backwater effects from  From the Tennessee              None         +343  Unincorporated Areas of
 Tennessee River).                     River confluence to                                Livingston County.
                                       approximately 2.2
                                       miles upstream of the
                                       Tennessee River
                                       confluence.
Cumberland River (backwater effects   From the Ohio River             None         +343  City of Smithland,
 from Ohio River).                     confluence to                                      Unincorporated Areas
                                       approximately 2.5                                  of Livingston County.
                                       miles upstream of the
                                       Cypress Creek
                                       confluence.
Cypress Creek (backwater effects      From the Cumberland             None         +343  Unincorporated Areas of
 from Ohio River).                     River confluence to                                Livingston County.
                                       approximately 3.2
                                       miles upstream of the
                                       Cumberland River
                                       confluence.
Deer Creek (backwater effects from    From the Ohio River             None         +356  Unincorporated Areas of
 Ohio River).                          confluence to                                      Livingston County.
                                       approximately 1.7
                                       miles upstream of the
                                       Turkey Creek
                                       confluence.
Dry Branch (backwater effects from    From the Tennessee              None         +342  Unincorporated Areas of
 Tennessee River).                     River confluence to                                Livingston County.
                                       approximately 0.6 mile
                                       upstream of the
                                       Tennessee River
                                       confluence.
Dry Fork (backwater effects from      From the Sandy Creek            None         +343  Unincorporated Areas of
 Ohio River).                          confluence to                                      Livingston County.
                                       approximately 2.6
                                       miles upstream of the
                                       Sandy Creek confluence.

[[Page 45487]]

 
Dyer Hill Creek (backwater effects    From approximately 3            None         +345  Unincorporated Areas of
 from Ohio River).                     miles upstream of the                              Livingston County.
                                       Ohio River confluence
                                       to approximately 4.4
                                       miles upstream of the
                                       Ohio River confluence.
Ferguson Creek (backwater effects     From the Cumberland             None         +343  Unincorporated Areas of
 from Ohio River).                     River confluence to                                Livingston County.
                                       approximately 2.1
                                       miles upstream of the
                                       Cumberland River
                                       confluence.
Givens Creek (backwater effects from  From approximately 1            None         +352  Unincorporated Areas of
 Ohio River).                          mile upstream of the                               Livingston County.
                                       Ohio River confluence
                                       to approximately 2.6
                                       miles upstream of the
                                       Ohio River confluence.
Guess Creek (backwater effects from   From the Tennessee              None         +342  Unincorporated Areas of
 Tennessee River).                     River confluence to                                Livingston County.
                                       approximately 3.3
                                       miles upstream of the
                                       Tennessee River
                                       confluence.
Guess Creek Tributary 9 (backwater    From the Tennessee              None         +342  Unincorporated Areas of
 effects from Tennessee River).        River confluence to                                Livingston County.
                                       approximately 0.8 mile
                                       upstream of the
                                       Tennessee River
                                       confluence.
Hickory Creek (backwater effects      From the Cumberland             None         +343  Unincorporated Areas of
 from Ohio River).                     River confluence to                                Livingston County.
                                       approximately 3.8
                                       miles upstream of the
                                       Cumberland River
                                       confluence.
Jones Creek (backwater effects from   From the Cooper Creek           None         +343  Unincorporated Areas of
 Tennessee River).                     confluence to                                      Livingston County.
                                       approximately 1.8
                                       miles upstream of the
                                       Cooper Creek
                                       confluence.
Kentucky Lake.......................  Entire shoreline.......         None         +375  City of Grand Rivers,
                                                                                          Unincorporated Areas
                                                                                          of Livingston County.
Lake Barkley........................  Entire shoreline.......         None         +375  City of Grand Rivers,
                                                                                          Unincorporated Areas
                                                                                          of Livingston County.
Lee Creek (backwater effects from     From the Tennessee              None         +342  Unincorporated Areas of
 Tennessee River).                     River confluence to                                Livingston County.
                                       approximately 2 miles
                                       upstream of the
                                       Tennessee River
                                       confluence.
McCormick Creek (backwater effects    From the Cumberland             None         +343  Unincorporated Areas of
 from Ohio River).                     River confluence to                                Livingston County.
                                       approximately 2 miles
                                       upstream of the
                                       Cumberland River
                                       confluence.
McGilligan Creek (backwater effects   From the Ohio River             None         +350  Unincorporated Areas of
 from Ohio River).                     confluence to                                      Livingston County.
                                       approximately 4.4
                                       miles upstream of the
                                       Ohio River confluence.
Ohio River..........................  Just upstream of the            None         +340  City of Carrsville,
                                       Tennessee River                                    City of Smithland,
                                       confluence.                                        Unincorporated Areas
                                                                                          of Livingston County.
                                      Approximately 3,500             None         +356
                                       feet upstream of the
                                       Deer Creek confluence.
Phelps Creek (backwater effects from  From the Ohio River             None         +346  Unincorporated Areas of
 Ohio River).                          confluence to                                      Livingston County.
                                       approximately 2.2
                                       miles upstream of the
                                       Ohio River confluence.
Phelps Creek Tributary 2 (backwater   From the Phelps Creek           None         +346  Unincorporated Areas of
 effects from Ohio River).             confluence to                                      Livingston County.
                                       approximately 0.3 mile
                                       upstream of the Phelps
                                       Creek confluence.
Sandy Creek (backwater effects from   From the Cumberland             None         +343  Unincorporated Areas of
 Ohio River).                          River confluence to                                Livingston County.
                                       approximately 3 miles
                                       upstream of the Dry
                                       Fork confluence.
Smith Creek (backwater effects from   From the Cumberland             None         +343  Unincorporated Areas of
 Ohio River).                          River confluence to                                Livingston County.
                                       approximately 2.2
                                       miles upstream of the
                                       Cumberland River
                                       confluence.
Snglin Creek (backwater effects from  From the Hickory Creek          None         +343  Unincorporated Areas of
 Ohio River).                          confluence to                                      Livingston County.
                                       approximately 1,350
                                       feet upstream of the
                                       Hickory Creek
                                       confluence.
Sugar Creek (backwater effects from   From the Cumberland             None         +343  Unincorporated Areas of
 Ohio River).                          River confluence to                                Livingston County.
                                       approximately 5.7
                                       miles upstream of the
                                       Cumberland River
                                       confluence.
Sugarcamp Creek (backwater effects    From the Bayou Creek            None         +348  Unincorporated Areas of
 from Ohio River).                     confluence to                                      Livingston County.
                                       approximately 3 miles
                                       upstream of the Bayou
                                       Creek confluence.
Sugarcamp Creek Tributary 3           From the Sugarcamp              None         +348  Unincorporated Areas of
 (backwater effects from Ohio River).  Creek confluence to                                Livingston County.
                                       approximately 1.4
                                       miles upstream of the
                                       Sugarcamp Creek
                                       confluence.
Tennessee River.....................  Approximately 5,100             None         +341  Unincorporated Areas of
                                       feet downstream of the                             Livingston County.
                                       Hodges Creek
                                       confluence.

[[Page 45488]]

 
                                      At the downstream side          None         +343
                                       of the Kentucky Dam.
Turkey Creek (backwater effects from  From the Deer Creek             None         +356  Unincorporated Areas of
 Ohio River).                          confluence to                                      Livingston County.
                                       approximately 0.8 mile
                                       upstream of the Deer
                                       Creek confluence.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.
 
Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
 
                                                    ADDRESSES
 
City of Carrsville
Maps are available for inspection at the Livingston County Courthouse, 339 Courthouse Drive, Smithland, KY
 42081.
 
City of Grand Rivers
Maps are available for inspection at City Hall, 122 West Cumberland Avenue, Grand Rivers, KY 42045.
 
City of Smithland
Maps are available for inspection at the City Hall, 310 Wilson Avenue, Smithland, KY 42081.
 
                                    Unincorporated Areas of Livingston County
Maps are available for inspection at the Livingston County Courthouse, 339 Courthouse Drive, Smithland, KY
 42081.
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(Catalog of Federal Domestic Assistance No. 97.022, ``Flood 
Insurance.'')

    Dated: July 15, 2011.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation, 
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2011-19241 Filed 7-28-11; 8:45 am]
BILLING CODE 9110-12-P