[Federal Register Volume 77, Number 250 (Monday, December 31, 2012)]
[Proposed Rules]
[Pages 76998-77001]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-31409]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-B-1089]


Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Proposed rule; correction.

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SUMMARY: On May 25, 2010, 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 75 FR 29219. The table provided here represents the 
flooding sources, location of referenced elevations, effective and 
modified elevations, and communities affected for Butler County, 
Kentucky, and Incorporated Areas. Specifically, it addresses the 
following flooding sources: Barren River (backwater effects from Green 
River), Big Bull Creek (backwater effects from Green River), Big Reedy 
Creek (backwater effects from Green River), Deerlick Creek (backwater 
effects from Green River), Deerlick Creek Tributary 6 (backwater 
effects from Green River), East Prong Indian Camp Creek (backwater 
effects from Green River), Gary Creek (backwater effects from Green 
River), Grassy Lick Creek (backwater effects from Green River), Green 
River, Hickory Camp Creek (backwater effects from Green River), Hickory 
Camp Creek Tributary 1 (backwater effects from Green River), Indian 
Camp Creek (backwater effects from Green River), Lindsey Creek 
(backwater effects from Green River), Little Bull Creek (backwater 
effects from Green River), Little Reedy Creek (backwater effects from 
Green River), Meffords Branch (backwater effects from Green River), 
Meffords Branch Tributary 4 (backwater effects from Green River), Mud 
River (backwater effects from Green River), Mud River Tributary 17 
(backwater effects from Green River), Mud River Tributary 17.2 
(backwater effects from Green River), Muddy Creek (backwater effects 
from Green River), Muddy Creek Tributary 18 (backwater effects from 
Green River), Muddy Creek Tributary 27 (backwater effects from Green 
River), Muddy Creek Tributary 39.1 (backwater effects from Green 
River), Panther Creek (backwater effects from Green River), Pipe Spring 
Hollow (backwater effects from Green River), Pitman Creek (backwater 
effects from Green River), Pitman Creek Tributary 3 (backwater effects 
from Green River), Renfrow Creek (backwater effects from Green River), 
Renfrow Creek Tributary 6 (backwater effects from Green River), Renfrow 
Creek Tributary 7 (backwater effects from Green River), Renfrow Creek 
Tributary 8 (backwater effects from Green River), Renfrow Creek 
Tributary 9 (backwater effects from Green River), Rosy Creek (backwater 
effects from Green River), Sandy Creek (backwater effects from Green 
River), Sandy Creek Tributary 5 (backwater effects from Green River), 
Tallow Branch (backwater effects from Green River), Welch Creek 
(backwater effects from Green River), West Prong Indian Camp Creek 
(backwater effects from Green River), and Wolfpen Hollow (backwater 
effects from Green River).

DATES: Comments are to be submitted on or before April 1, 2013.

ADDRESSES: You may submit comments, identified by Docket No. FEMA-B-
1089, 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 
(email) luis.rodriguez3@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 (email) luis.rodriguez3@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

[[Page 76999]]

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 75 FR 29219, in the May 25, 2010, 
issue of the Federal Register, FEMA published a table under the 
authority of 44 CFR 67.4. The table, entitled ``Butler County, 
Kentucky, and Incorporated Areas'' addressed the following flooding 
sources: Barren River (backwater effects from Green River), Big Bull 
Creek (backwater effects from Green River), Big Reedy Creek (backwater 
effects from Green River), Deerlick Creek (backwater effects from Green 
River), Deerlick Creek Tributary 6 (backwater effects from Green 
River), East Prong Indian Camp Creek (backwater effects from Green 
River), Gary Creek (backwater effects from Green River), Grassy Lick 
Creek (backwater effects from Green River), Green River, Hickory Camp 
Creek (backwater effects from Green River), Hickory Camp Creek 
Tributary 1 (backwater effects from Green River), Indian Camp Creek 
(backwater effects from Green River), Lindsey Creek (backwater effects 
from Green River), Little Bull Creek (backwater effects from Green 
River), Little Reedy Creek (backwater effects from Green River), 
Meffords Branch (backwater effects from Green River), Meffords Branch 
Tributary 4 (backwater effects from Green River), Mud River (backwater 
effects from Green River), Mud River Tributary 17 (backwater effects 
from Green River), Mud River Tributary 17.2 (backwater effects from 
Green River), Muddy Creek (backwater effects from Green River), Muddy 
Creek Tributary 18 (backwater effects from Green River), Muddy Creek 
Tributary 27 (backwater effects from Green River), Muddy Creek 
Tributary 39.1 (backwater effects from Green River), Panther Creek 
(backwater effects from Green River), Pipe Spring Hollow (backwater 
effects from Green River), Pitman Creek (backwater effects from Green 
River), Pitman Creek Tributary 3 (backwater effects from Green River), 
Renfrow Creek (backwater effects from Green River), Renfrow Creek 
Tributary 6 (backwater effects from Green River), Renfrow Creek 
Tributary 7 (backwater effects from Green River), Renfrow Creek 
Tributary 8 (backwater effects from Green River), Renfrow Creek 
Tributary 9 (backwater effects from Green River), Rosy Creek (backwater 
effects from Green River), Sandy Creek (backwater effects from Green 
River), Sandy Creek Tributary 5 (backwater effects from Green River), 
Tallow Branch (backwater effects from Green River), Welch Creek 
(backwater effects from Green River), West Prong Indian Camp Creek 
(backwater effects from Green River), and Wolfpen Hollow (backwater 
effects from Green River). That table contained inaccurate information 
as to the communities affected for the flooding source Green 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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                                 Butler County, Kentucky, and Incorporated Areas
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Barren River (backwater effects from  From the confluence             +423         +424  Unincorporated Areas of
 Green River).                         with the Green River                               Butler County.
                                       to approximately 0.6
                                       mile upstream of the
                                       confluence with Little
                                       Muddy Creek.
Big Bull Creek (backwater effects     From the confluence             None         +428  Unincorporated Areas of
 from Green River).                    with the Green River                               Butler County.
                                       to approximately 0.5
                                       mile upstream of
                                       Johnson Cemetery Road.
Big Reedy Creek (backwater effects    From the confluence             None         +433  Unincorporated Areas of
 from Green River).                    with the Green River                               Butler County.
                                       to approximately 1,202
                                       feet downstream of the
                                       confluence with Big
                                       Reedy Creek Tributary
                                       4.
Deerlick Creek (backwater effects     From the confluence             None         +404  Unincorporated Areas of
 from Green River).                    with the Mud River to                              Butler County.
                                       approximately 935 feet
                                       upstream of Penrod
                                       Road.
Deerlick Creek Tributary 6            From the confluence             None         +404  Unincorporated Areas of
 (backwater effects from Green         with Deerlick Creek to                             Butler County.
 River).                               approximately 765 feet
                                       upstream of the
                                       confluence with
                                       Deerlick Creek.
East Prong Indian Camp Creek          From the confluence             None         +415  Unincorporated Areas of
 (backwater effects from Green         with Indian Camp Creek                             Butler County.
 River).                               to approximately 1,179
                                       feet downstream of the
                                       confluence with East
                                       Prong Indian Camp
                                       Creek.
Gary Creek (backwater effects from    From the confluence             None         +429  Unincorporated Areas of
 Green River).                         with Little Reedy                                  Butler County.
                                       Creek to approximately
                                       0.9 mile upstream of
                                       the confluence with
                                       Little Reedy Creek.
Grassy Lick Creek (backwater effects  From the confluence             None         +407  Unincorporated Areas of
 from Green River).                    with Muddy Creek to                                Butler County.
                                       approximately 1.1 mile
                                       downstream of Sandy
                                       Creek Road.

[[Page 77000]]

 
Green River.........................  At the confluence with          +403         +404  City of Morgantown,
                                       the Mud River.                                     City of Rochester,
                                                                                          City of Woodbury,
                                                                                          Unincorporated Areas
                                                                                          of Butler County.
                                      At approximately 1.7            +437         +438
                                       mile upstream of
                                       Reedyville Road.
Hickory Camp Creek (backwater         From the confluence             +403         +405  Unincorporated Areas of
 effects from Green River).            with Panther Creek to                              Butler County.
                                       approximately 478 feet
                                       upstream of the
                                       confluence with
                                       Hickory Camp Creek
                                       Tributary 1.
Hickory Camp Creek Tributary 1        From the confluence             None         +405  Unincorporated Areas of
 (backwater effects from Green         with Hickory Camp                                  Butler County.
 River).                               Creek to approximately
                                       676 feet upstream of
                                       the confluence with
                                       Hickory Camp Creek.
Indian Camp Creek (backwater effects  From the confluence             None         +415  Unincorporated Areas of
 from Green River).                    with the Green River                               Butler County.
                                       to approximately 1.1
                                       mile downstream of
                                       Dexterville-Gilstrap
                                       Road.
Lindsey Creek (backwater effects      From the confluence             None         +415  Unincorporated Areas of
 from Green River).                    with East Prong Indian                             Butler County.
                                       Camp Creek to
                                       approximately 0.4 mile
                                       downstream of
                                       Brownsville Road.
Little Bull Creek (backwater effects  From the confluence             None         +425  Unincorporated Areas of
 from Green River).                    with the Green River                               Butler County.
                                       to approximately 0.6
                                       mile upstream of the
                                       confluence with Tallow
                                       Branch.
Little Reedy Creek (backwater         From the confluence             None         +429  Unincorporated Areas of
 effects from Green River).            with the Green River                               Butler County.
                                       to approximately 0.9
                                       mile upstream of the
                                       confluence with Rosy
                                       Creek.
Meffords Branch (backwater effects    From the confluence             None         +404  Unincorporated Areas of
 from Green River).                    with the Mud River to                              Butler County.
                                       approximately 1,425
                                       feet upstream of Perry
                                       Harper Road.
Meffords Branch Tributary 4           From the confluence             None         +404  Unincorporated Areas of
 (backwater effects from Green         with Meffords Branch                               Butler County.
 River).                               to approximately 0.6
                                       mile upstream of the
                                       confluence with
                                       Meffords Branch.
Mud River (backwater effects from     From the confluence             +403         +404  Unincorporated Areas of
 Green River).                         with the Green River                               Butler County, City of
                                       to approximately 2.2                               Rochester.
                                       miles upstream of the
                                       confluence with
                                       Deerlick Creek.
Mud River Tributary 17 (backwater     From the confluence             +403         +404  Unincorporated Areas of
 effects from Green River).            with the Green River                               Butler County, City of
                                       to approximately 314                               Rochester.
                                       feet upstream of
                                       Rochester Road.
Mud River Tributary 17.2 (backwater   From the confluence             None         +404  Unincorporated Areas of
 effects from Green River).            with Mud River                                     Butler County.
                                       Tributary 17 to
                                       approximately 312 feet
                                       upstream of Rochester
                                       Road.
Muddy Creek (backwater effects from   From the confluence             None         +407  Unincorporated Areas of
 Green River).                         with the Green River                               Butler County.
                                       to approximately 877
                                       feet upstream of the
                                       confluence with Muddy
                                       Creek Tributary 18.
Muddy Creek Tributary 18 (backwater   From the confluence             None         +407  Unincorporated Areas of
 effects from Green River).            with Muddy Creek to                                Butler County.
                                       approximately 1,306
                                       feet upstream of the
                                       confluence with Muddy
                                       Creek.
Muddy Creek Tributary 27 (backwater   From the confluence             None         +407  Unincorporated Areas of
 effects from Green River).            with Muddy Creek to                                Butler County.
                                       approximately 1,421
                                       feet downstream of
                                       Muddy Creek Tributary
                                       27.2.
Muddy Creek Tributary 39.1            From the confluence             None         +407  Unincorporated Areas of
 (backwater effects from Green         with Muddy Creek to                                Butler County.
 River).                               approximately 669 feet
                                       downstream of Muddy
                                       Creek Tributary 39.1.
Panther Creek (backwater effects      From the confluence             +403         +405  Unincorporated Areas of
 from Green River).                    with the Green River                               Butler County.
                                       to approximately 1,550
                                       feet downstream of G.
                                       Southerland Road.
Pipe Spring Hollow (backwater         From the confluence             +409         +408  Unincorporated Areas of
 effects from Green River).            with the Green River                               Butler County.
                                       to just downstream of
                                       William H. Natcher
                                       Parkway.
Pitman Creek (backwater effects from  From the confluence             None         +419  Unincorporated Areas of
 Green River).                         with Welch Creek to                                Butler County.
                                       approximately 554 feet
                                       upstream of the
                                       confluence with Pitman
                                       Creek Tributary 3.
Pitman Creek Tributary 3 (backwater   From the confluence             None         +419  Unincorporated Areas of
 effects from Green River).            with Pitman Creek to                               Butler County.
                                       approximately 280 feet
                                       upstream of the
                                       confluence with Pitman
                                       Creek.
Renfrow Creek (backwater effects      From the confluence             None         +419  Unincorporated Areas of
 from Green River).                    with the Green River                               Butler County.
                                       to approximately 177
                                       feet downstream of
                                       Bowling Green Road.

[[Page 77001]]

 
Renfrow Creek Tributary 6 (backwater  From the confluence             None         +419  Unincorporated Areas of
 effects from Green River).            with Renfrow Creek to                              Butler County.
                                       approximately 1,236
                                       feet downstream of
                                       Embry Way.
Renfrow Creek Tributary 7 (backwater  From the confluence             None         +419  Unincorporated Areas of
 effects from Green River).            with Renfrow Creek to                              Butler County.
                                       just downstream of
                                       South Main Street.
Renfrow Creek Tributary 8 (backwater  From the confluence             None         +419  Unincorporated Areas of
 effects from Green River).            with Renfrow Creek to                              Butler County.
                                       approximately 0.5 mile
                                       upstream of the
                                       confluence with
                                       Renfrow Creek.
Renfrow Creek Tributary 9 (backwater  From the confluence             None         +419  Unincorporated Areas of
 effects from Green River).            with Renfrow Creek to                              Butler County.
                                       just upstream of East
                                       Whalen Road.
Rosy Creek (backwater effects from    From the confluence             None         +429  Unincorporated Areas of
 Green River).                         with Little Reedy                                  Butler County.
                                       Creek to approximately
                                       0.7 mile upstream of
                                       the confluence with
                                       Little Reedy Creek.
Sandy Creek (backwater effects from   From the confluence             None         +407  Unincorporated Areas of
 Green River).                         with Muddy Creek to                                Butler County.
                                       approximately 494 feet
                                       downstream of Martin
                                       Road.
Sandy Creek Tributary 5 (backwater    From the confluence             None         +407  Unincorporated Areas of
 effects from Green River).            with Sandy Creek to                                Butler County.
                                       just upstream of
                                       Dunbar-Leetown Road.
Tallow Branch (backwater effects      From the confluence             None         +426  Unincorporated Areas of
 from Green River).                    with Little Bull Creek                             Butler County.
                                       to approximately 0.5
                                       mile upstream of the
                                       confluence with Little
                                       Bull Creek.
Welch Creek (backwater effects from   From the confluence             None         +419  Unincorporated Areas of
 Green River).                         with the Green River                               Butler County.
                                       to just downstream of
                                       Brownsville Road.
West Prong Indian Camp Creek          From the confluence             None         +414  Unincorporated Areas of
 (backwater effects from Green         with Indian Camp Creek                             Butler County.
 River).                               to approximately 3.7
                                       miles upstream of the
                                       confluence with Indian
                                       Camp Creek.
Wolfpen Hollow (backwater effects     From the confluence             None         +415  Unincorporated Areas of
 from Green River).                    with East Prong Indian                             Butler County.
                                       Camp Creek to
                                       approximately 1,205
                                       feet downstream of
                                       McKendree Chapel Road.
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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 Woodbury
Maps are available for inspection at 1 Lock 4 Road, Woodbury, KY 42288.
 
City of Morgantown
Maps are available for inspection at City Hall, 117 North Main Street, Morgantown, KY 42261.
 
City of Rochester
Maps are available for inspection at City Hall, 672 Russellville Street, Rochester, KY 42273.
 
                                      Unincorporated Areas of Butler County
Maps are available for inspection at the County Courthouse, 110 North Main Street, Morgantown, KY 42261.
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(Catalog of Federal Domestic Assistance No. 97.022, ``Flood 
Insurance.'')

James A. Walke,
Acting Deputy Associate Administrator for Mitigation, Department of 
Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2012-31409 Filed 12-28-12; 8:45 am]
BILLING CODE 9110-12-P