[Federal Register Volume 76, Number 146 (Friday, July 29, 2011)]
[Proposed Rules]
[Pages 45488-45491]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-19243]
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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 67
[Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-B-1007]
Proposed Flood Elevation Determinations
AGENCY: Federal Emergency Management Agency, DHS.
ACTION: Proposed rule; correction.
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SUMMARY: On September 25, 2008, 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 73 FR 55469. The table provided here represents the
flooding sources, location of referenced elevations, effective and
modified elevations, and communities affected for Henderson County,
Kentucky, and Incorporated Areas. Specifically, it addresses the
flooding sources Canoe Creek, Canoe Creek Tributary 1 (backwater
effects from Ohio River), Cash Creek (backwater effects from Ohio
River), Elam Ditch, Elam Ditch Tributary 1, Elam Ditch Tributary 1.1
(backwater effects from Elam Ditch Tributary 1), Elam Ditch Tributary
2, Elam Ditch Tributary 3, Elam Ditch Tributary 4 (backwater effects
from Elam Ditch), Elam Ditch Tributary 8 (backwater effects from Elam
Ditch), Grane Creek (backwater effects from Ohio River), Grane Creek
Tributary 1 (backwater effects from Ohio River), Grane Creek Tributary
5 (backwater effects from Ohio River), Kimsey Lane Left Tributary,
Kimsey Lane Right Tributary, Lick Creek (backwater effects from Ohio
River), Lick Creek Tributary 2 (backwater effects from Ohio River),
Lick Creek Tributary 2.1 (backwater effects from Ohio River), Lick
Creek Tributary 4 (backwater effects from Ohio River), Middle Canoe
Creek, North Fork Canoe Creek, Ohio River, Old Knoblick Road Creek
(backwater effects from Ohio River), Pond Creek (overflow effects from
Ohio River), Pond Creek Tributary 6 (overflow effects from Ohio River),
Race Creek (backwater effects from Ohio River), Sellers Ditch, Sputzman
Creek (backwater effects from Ohio River), Sputzman Creek Tributary 1
(backwater effects from Ohio River), Sputzman Creek Tributary 2
(backwater effects from Ohio River), Sugar Creek (backwater effects
from Ohio River), Tiger Ditch (formerly Highway 812 Tributary), Tiger
Ditch Tributary 1, and Upper Canoe Creek.
DATES: Comments are to be submitted on or before October 27, 2011.
ADDRESSES: You may submit comments, identified by Docket No. FEMA-B-
1007, 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-
[[Page 45489]]
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 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 73 FR 55469 in the September 25,
2008, issue of the Federal Register, FEMA published a table under the
authority of 44 CFR 67.4. The table, entitled ``Henderson County,
Kentucky, and Incorporated Areas'' addressed the following flooding
sources: Canoe Creek, Elam Ditch, Elam Ditch Tributary 1, Elam Ditch
Tributary 2, Elam Ditch Tributary 3, Kimsey Lane Left Tributary, Kimsey
Lane Right Tributary, Middle Canoe Creek, North Fork Canoe Creek,
Sellers Ditch, Tiger Ditch (Formerly Highway 812 Tributary), Tiger
Ditch Tributary 1 and Upper Canoe Creek. 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: Canoe Creek Tributary 1 (backwater effects
from Ohio River), Cash Creek (backwater effects from Ohio River), Elam
Ditch Tributary 1.1 (backwater effects from Elam Ditch Tributary 1),
Elam Ditch Tributary 4 (backwater effects from Elam Ditch), Elam Ditch
Tributary 8 (backwater effects from Elam Ditch), Grane Creek (backwater
effects from Ohio River), Grane Creek Tributary 1 (backwater effects
from Ohio River), Grane Creek Tributary 5 (backwater effects from Ohio
River), Lick Creek (backwater effects from Ohio River), Lick Creek
Tributary 2 (backwater effects from Ohio River), Lick Creek Tributary
2.1 (backwater effects from Ohio River), Lick Creek Tributary 4
(backwater effects from Ohio River), Ohio River, Old Knoblick Road
Creek (backwater effects from Ohio River), Pond Creek (overflow effects
from Ohio River), Pond Creek Tributary 6 (overflow effects from Ohio
River), Race Creek (backwater effects from Ohio River), Sputzman Creek
(backwater effects from Ohio River), Sputzman Creek Tributary 1
(backwater effects from Ohio River), Sputzman Creek Tributary 2
(backwater effects from Ohio River), and Sugar 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)
Depth in feet above
Flooding source(s) Location of referenced ground [caret] Communities affected
elevation ** Elevation in meters
(MSL)
--------------------------
Effective Modified
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Henderson County, Kentucky, and Incorporated Areas
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Canoe Creek......................... At the upstream side of None +376 City of Henderson,
U.S. Route 41. Unincorporated Areas
of Henderson County.
At the Elam Ditch None +383
confluence.
Canoe Creek Tributary 1 (backwater From approximately 500 None +376 City of Henderson,
effects from Ohio River). feet upstream of the Unincorporated Areas
Canoe Creek confluence of Henderson County.
to approximately 900
feet upstream of KY-
136.
Cash Creek (backwater effects from From the Green River None +386 Unincorporated Areas of
Ohio River). confluence to Henderson County.
approximately 800 feet
upstream of Griffin
and Griffin Road.
Elam Ditch.......................... At the Canoe Creek None +383 Unincorporated Areas of
confluence. Henderson County.
At Airline Road (KY- None +393
812).
Elam Ditch Tributary 1.............. At the Elam Ditch None +384 Unincorporated Areas of
confluence. Henderson County.
Approximately 1,250 None +395
feet downstream of Toy
Anthoston Road (KY-
2677).
Elam Ditch Tributary 1.1 (backwater From the Elam Ditch None +384 Unincorporated Areas of
effects from Elam Ditch Tributary Tributary 1 confluence Henderson County.
1). to approximately 1,200
feet upstream of the
Elam Ditch Tributary 1
confluence.
Elam Ditch Tributary 2.............. At the Elam Ditch None +384 Unincorporated Areas of
confluence. Henderson County.
At the downstream side None +395
of Airline Road (KY-
812).
Elam Ditch Tributary 3.............. At the Elam Ditch None +384 Unincorporated Areas of
confluence. Henderson County.
At the downstream side None +389
of Toy Anthoston Road.
Elam Ditch Tributary 4 (backwater From the Elam Ditch None +383 Unincorporated Areas of
effects from Elam Ditch). confluence to Henderson County.
approximately 0.5 mile
upstream of the Elam
Ditch confluence.
[[Page 45490]]
Elam Ditch Tributary 8 (backwater From the Elam Ditch None +393 Unincorporated Areas of
effects from Elam Ditch). confluence to Henderson County.
approximately 1,100
feet upstream of the
Elam Ditch confluence.
Grane Creek (backwater effects from From approximately None +386 Unincorporated Areas of
Ohio River). 1,200 feet downstream Henderson County.
of Quinns Landing Road
to approximately 1.0
mile upstream of
Quinns Landing Road.
Grane Creek Tributary 1 (backwater From approximately 0.2 None +386 Unincorporated Areas of
effects from Ohio River). mile downstream of Henderson County.
Quinns Landing Road to
the upstream side of
Quinns Landing Road.
Grane Creek Tributary 5 (backwater From the Grane Creek None +386 City of Robards,
effects from Ohio River). confluence to Unincorporated Areas
approximately 1,800 of Henderson County.
feet upstream of the
Grane Creek confluence.
Kimsey Lane Left Tributary.......... At the North Fork Canoe +387 +388 City of Henderson,
Creek confluence. Unincorporated Areas
of Henderson County.
Approximately 750 feet +387 +388
upstream of Van Wyk
Road.
Kimsey Lane Right Tributary......... At the North Fork Canoe +387 +388 City of Henderson,
Creek confluence. Unincorporated Areas
of Henderson County.
At Kimsey Lane (KY- +387 +388
6112).
Lick Creek (backwater effects from From the upstream side None +383 Unincorporated Areas of
Ohio River). of Sportsville-Bluff Henderson County.
City Road to
approximately 1.1
miles downstream of
Zion Rd.
Lick Creek Tributary 2 (backwater From the Lick Creek None +383 Unincorporated Areas of
effects from Ohio River). confluence to the Henderson County.
downstream side of
Zion Road.
Lick Creek Tributary 2.1 (backwater From the Lick Creek None +383 Unincorporated Areas of
effects from Ohio River). Tributary 2 confluence Henderson County.
to approximately 1,600
feet upstream of the
Lick Creek Tributary 2
confluence.
Lick Creek Tributary 4 (backwater From the Lick Creek None +383 Unincorporated Areas of
effects from Ohio River). confluence to Henderson County.
approximately 0.9 mile
upstream of the Lick
Creek confluence.
Middle Canoe Creek.................. At the Sellers Ditch +379 +382 City of Henderson,
confluence. Unincorporated Areas
of Henderson County.
At the Elam Ditch +380 +382
confluence.
North Fork Canoe Creek.............. At the Canoe Creek +378 +382 City of Henderson,
confluence. Unincorporated Areas
of Henderson County.
Approximately 4,000 +387 +389
feet upstream of
Kimsey Lane (KY-6112).
Ohio River.......................... Approximately 2.4 miles +371 +372 City of Henderson,
upstream of the Unincorporated Areas
northwest county of Henderson County.
boundary (at River
Mile Marker 829.7).
Approximately 5.0 miles +385 +386
upstream of the
northeast county
boundary (at River
Mile Marker 766.5).
Old Knoblick Road Creek (backwater From approximately 0.6 None +386 Unincorporated Areas of
effects from Ohio River). mile downstream of Henderson County.
Knoblick Road to
approximately 800 feet
downstream of Knoblick
Road.
Pond Creek (overflow effects from At the downstream side +371 +372 Unincorporated Areas of
Ohio River). of Gray-Aldridge Road. Henderson County.
Approximately 0.9 mile None +373
upstream of Martin and
Martin Road.
Pond Creek Tributary 6 (overflow At the Pond Creek None +373 Unincorporated Areas of
effects from Ohio River). confluence. Henderson County.
Approximately 600 feet None +374
downstream of KY-268.
Race Creek (backwater effects from From the Green River None +381 Unincorporated Areas of
Ohio River). confluence to Henderson County.
approximately 200 feet
upstream of KY-1078.
Sellers Ditch....................... At the Canoe Creek +377 +376 Unincorporated Areas of
confluence. Henderson County.
Approximately 200 feet +379 +382
upstream of Old
Madison Road.
Sputzman Creek (backwater effects From approximately 0.8 None +386 Unincorporated Areas of
from Ohio River). mile upstream of the Henderson County.
Green River confluence
to approximately 2.0
miles upstream of the
Green River confluence.
[[Page 45491]]
Sputzman Creek Tributary 1 From the Sputzman Creek None +386 Unincorporated Areas of
(backwater effects from Ohio River). confluence to Henderson County.
approximately 1.2
miles upstream of the
Sputzman Creek
confluence.
Sputzman Creek Tributary 2 From the Sputzman Creek None +386 Unincorporated Areas of
(backwater effects from Ohio River). confluence to Henderson County.
approximately 0.6
miles upstream of
Sputzman Creek.
Sugar Creek (backwater effects from From the Ohio River +377 +376 City of Henderson.
Ohio River). confluence to
approximately 1,700
feet upstream of the
Ohio River confluence.
Tiger Ditch (formerly Highway 812 At the North Fork Canoe +379 +382 City of Henderson,
Tributary). Creek confluence. Unincorporated Areas
of Henderson County.
Approximately 150 feet None +391
downstream of Zion
Road.
Tiger Ditch Tributary 1............. At the Tiger Ditch None +385 City of Henderson,
(formerly Highway 812 Unincorporated Areas
Tributary) confluence. of Henderson County.
At the downstream side None +390
of Adams Lane.
Upper Canoe Creek................... At the Sellers Ditch +379 +382 Unincorporated Areas of
confluence. Henderson County.
Approximately 3,800 +382 +385
feet upstream of the
East Fork Canoe 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 Henderson
Maps are available for inspection at 222 1st Street, Henderson, KY 42419.
City of Robards
Maps are available for inspection at 20 North Main Street, Henderson, KY 42420.
Unincorporated Areas of Henderson County
Maps are available for inspection at 20 North Main Street, Henderson, KY 42420.
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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. 2011-19243 Filed 7-28-11; 8:45 am]
BILLING CODE 9110-12-P