[Federal Register Volume 67, Number 213 (Monday, November 4, 2002)]
[Proposed Rules]
[Pages 67135-67139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-27969]


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FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 67

[Docket No. FEMA-D-7544]


Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, FEMA.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: Technical information or comments are requested on the 
proposed base (1% annual chance) flood elevations and proposed base 
flood elevation modifications for the communities listed below. The 
base flood elevations are the basis for the floodplain management 
measures that the 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 comment period is ninety (90) days following the second 
publication of this proposed rule in a newspaper of local circulation 
in each community.

ADDRESSES: The proposed base flood elevations 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 following 
table.

FOR FURTHER INFORMATION CONTACT: Matthew B. Miller, P.E., Chief, 
Hazards Study Branch, Federal Insurance and Mitigation Administration, 
Federal Emergency Management Agency, 500 C Street SW., Washington, DC 
20472, (202) 646-3461, or (e-mail) [email protected].

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency 
(FEMA or Agency) proposes to make determinations of base flood 
elevations and modified base flood elevations for each community listed 
below, 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 base flood and modified base flood elevations, 
together with the floodplain management criteria required by 44 CFR 
60.3, are the minimum that are required. 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 are also used to calculate the 
appropriate flood insurance premium rates for new buildings built after 
these elevations are made final, and for the contents in these 
buildings.
    National Environmental Policy Act. This proposed rule is 
categorically excluded from the requirements of 44 CFR part 10, 
Environmental Consideration. No environmental impact assessment has 
been prepared.
    Regulatory Flexibility Act. The Administrator, Federal Insurance 
and Mitigation Administration, certifies that this proposed rule is 
exempt from the requirements of the Regulatory Flexibility Act because 
proposed or modified base flood elevations are required by the Flood 
Disaster Protection Act of 1973, 42 U.S.C. 4104, and are required to 
establish and maintain community eligibility in the NFIP. As a result, 
a regulatory flexibility analysis has not been prepared.
    Regulatory Classification. This proposed rule is not a significant 
regulatory action under the criteria of Section 3(f) of Executive Order 
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 
51735.
    Executive Order 12612, Federalism. This proposed rule involves no 
policies that have federalism implications under Executive Order 12612, 
Federalism, dated October 26, 1987.
    Executive Order 12778, Civil Justice Reform. This proposed rule 
meets the applicable standards of Section 2(b)(2) of Executive Order 
12778.

List of Subjects in 44 CFR Part 67

    Administrative practice and procedure, flood insurance, reporting 
and recordkeeping requirements.

    Accordingly, 44 CFR Part 67 is proposed to be amended as follows:

PART 67--[AMENDED]

    1. The authority citation for Part 67 continues to read as follows:

    Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of 
1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 
1979 Comp., p. 376.


Sec.  67.4  [Amended]

    2. The tables published under the authority of Sec.  67.4 are 
proposed to be amended as follows:

[[Page 67136]]



----------------------------------------------------------------------------------------------------------------
                                                                 Depth in feet
                                                               above ground. *Elevation
                                                               in feet  (NGVD)  [sbull]
         Source of flooding                   Location             Elevation in feet       Communities affected
                                                                        (NAVD)
                                                              --------------------------
                                                                 Existing     Modified
----------------------------------------------------------------------------------------------------------------
                                                     Alabama
Montgomery County (Unincorporated Areas) and City of Montgomery
----------------------------------------------------------------------------------------------------------------
Baldwin Slough......................  At the confluence with          *182         *181  City of Montgomery.
                                       Catoma Creek.
                                      Approximately 600 feet          None         *235
                                       upstream of Vaughn
                                       Road.
Catoma Creek........................  Just upstream of                *214         *216  Montgomery County
                                       Trotman Road.                                      (Unincorporated
                                                                                          Areas).
                                      Approximately 12.5              None         *247
                                       miles upstream of
                                       Trotman Road.
Catoma Creek Tributary 1............  Approximately 550 feet          *203         *204  City of Montgomery,
                                       downstream of the most                             Montogomery County
                                       downstream crossing of                             (Unincorporated
                                       Troy Highway.                                      Areas).
                                      Approximately 2.9 miles         None         *233
                                       upstream of the most
                                       upstream crossing of
                                       Troy Highway.
Catoma Creek Tributary 1 Branch 1...  At the confluence with          None         *206  City of Montgomery.
                                       Catoma Creek Tributary
                                       1.
                                      Approximately 1.5 miles         None         *223
                                       upstream of the
                                       confluence with Catoma
                                       Creek Tributary 1.
Catoma Creek Tributary 1 Branch 2...  At confluence with              None         *208  City of Montgomery.
                                       Catoma Creek Tributary
                                       1.
                                      Approximately 1.7 miles         None         *234
                                       upstream of confluence
                                       with Catoma Creek
                                       Tributary 1.
Catoma Creek Tributary 1 and Branch   At confluence with              None         *212  City of Montgomery.
 3.                                    Catoma Creek Tributary
                                       1.
                                      Approximately 1.4 miles         None         *235
                                       upstream of the
                                       confluence with Catoma
                                       Creek Tributary 1.
Dry Creek...........................  Approximately 200 feet          None         *247  Montgomery County
                                       downstream of Troy                                 (Unincorporated
                                       Highway.                                           Areas).
                                      Approximately 0.9 mile          None         *271
                                       upstream of Canty Road.
Jenkins Creek.......................  Just upstream of CSX            None         *208  City of Montgomery,
                                       Transportation.                                    Montgomery County
                                                                                          (Unincorporated
                                                                                          Areas).
                                      Approximately 100 feet          None         *222
                                       upstream of Vaughn
                                       Road.
Little Catoma Creek.................  Approximately 1.25              None         *220  Montgomery County
                                       miles upstream of Troy                             (Unincorporated
                                       Highway.                                           Areas).
                                      Just upstream of Old            None         *268
                                       Hayneville Road.
Little Catoma Creek Tributary 1.....  Approximately 300 feet          None         *220  Montgomery County
                                       upstream from the                                  (Unincorporated
                                       confluence with Little                             Areas).
                                       Catoma Creek.
                                      Approximately 50 feet           None         *259
                                       upstream of Old Pike
                                       Road.
Millies Creek.......................  Just upstream of CSX            None         *215  Montgomery County
                                       Transportation.                                    (Unincorporated
                                                                                          Areas), City of
                                                                                          Montgomery.
                                      Approximately 50 feet           None         *238
                                       upstream of
                                       Wallahatchie Road.
Oliver Creek........................  Approximately 0.8 mile          *174         *173  City of Montgomery.
                                       downstream of CSX
                                       Transportation.
                                      Approximately 100 feet          None         *237
                                       upstream of Interstate
                                       Route 85.
-------------------------------------
                                    Montgomery County (Unincorporated Areas)
 
  Maps available for inspection at the Montgomery County Engineering Department, 3152 Rolling Road Circle,
   Montgomery, Alabama.
 
  Send comments to Mr. Bill Joseph, Chairman of the Montgomery County Commission, P.O. Box 1667, Montgomery,
   Alabama 36102.
----------------------------------------------------------------------------------------------------------------
 
                                               City of Montgomery
 
  Maps available for inspection at the Montgomery City Hall, 103 North Perry, Montgomery, Alabama.
 
  Send comments to The Honorable Bobby Bright, Mayor of the City of Montgomery, City Hall, P.O. Box 1111,
   Montgomery, Alabama 36101.
----------------------------------------------------------------------------------------------------------------
                             Beaufort County, North Carolina (Unincorporated Areas)
----------------------------------------------------------------------------------------------------------------
Acre Swamp..........................  At the confluence with          None    [sbull]20  Beaufort County
                                       Pungo Swamp.                                       (Unincorporated Areas)
                                      Approximately 0.6 mile          None    [sbull]28
                                       upstream of confluence
                                       with Fork Swamp.
Back Creek..........................  Approximately 1.9 miles         None     [sbull]9  Beaufort County
                                       upstream of State                                  (Unincorporated
                                       Route 92.                                          Areas).
                                      Approximately 3.0 miles         None    [sbull]10
                                       upstream of State
                                       Route 92.
Bailey Creek........................  Approximately 1.1 mile          None     [sbull]9  Beaufort County
                                       upstream of State                                  (Unincorporated
                                       Route 306.                                         Areas).
                                      Approximately 150 feet          None    [sbull]12
                                       upstream of railroad.

[[Page 67137]]

 
Blounts Creek.......................  At the upstream side of    [sbull]16    [sbull]15  Beaufort County
                                       the railroad.                                      (Unincorporated
                                                                                          Areas).
                                      Approximately 1.7 miles         None    [sbull]23
                                       upstream of the
                                       railroad.
Broomfield Swamp Creek..............  Approximately 200 feet          None     [sbull]7  Beaufort County
                                       downstream of Broome                               (Unincorporated
                                       Road.                                              Areas), Town of
                                                                                          Aurora.
                                      Approximately 0.4 mile          None    [sbull]11
                                       upstream of Broome
                                       Road.
Cypress Run.........................  At the upstream side of         None    [sbull]10  Beaufort County
                                       Idalia Road.                                       (Unincorporated
                                                                                          Areas).
                                      Approximately 0.8 mile          None    [sbull]14
                                       upstream of Idalia
                                       Road.
Duck Creek..........................  Approximately 0.4 mile          None     [sbull]9  Beaufort County
                                       upstream of Hawkins                                (Unincorporated
                                       Beach Road.                                        Areas).
                                      Approximately 200 feet          None     [sbull]9
                                       upstream of Camp Leach
                                       Road.
Durham Creek........................  Approximately 1.2 miles         None     [sbull]8  Beaufort County
                                       downstream of Durham                               (Unincorporated
                                       Creek Road.                                        Areas).
                                      Approximately 0.8 mile          None    [sbull]37
                                       upstream of Walker
                                       Road.
Durham Creek Tributary..............  At the confluence with          None    [sbull]12  Beaufort County
                                       Durham Creek.                                      (Unincorporated
                                                                                          Areas).
                                      Approximately 50 feet      [sbull]16    [sbull]15
                                       downstream of Durham
                                       Creek Road.
Durham Creek Tributary 2............  At the confluence with          None    [sbull]21  Beaufort County
                                       Durham Creek.                                      (Unincorporated
                                                                                          Areas).
                                      Approximately 1,875             None    [sbull]27
                                       feet upstream of Fork
                                       Road.
Fork Swamp..........................  At the confluence with          None    [sbull]28  Beaufort County
                                       Acre Swamp.                                        (Unincorporated
                                                                                          Areas).
                                      Approximately 0.5 mile          None    [sbull]35
                                       upstream of the
                                       railroad.
Gum Swamp Run East..................  Approximately 0.4 mile          None     [sbull]7  Beaufort County
                                       upstream of confluence                             (Unincorporated
                                       with South Creek.                                  Areas).
                                      Approximately 100 feet          None     [sbull]9
                                       downstream of Bay City
                                       Road.
Harvey Creek........................  At the upstream side of         None    [sbull]19  Beaufort County
                                       Interstate Route 264.                              (Unincorporated
                                                                                          Areas).
                                      Approximately 1.0 mile          None    [sbull]25
                                       upstream of Interstate
                                       Route 264.
Herring Run.........................  Approximately 100 feet          None    [sbull]10  Beaufort County
                                       downstream of Herring                              (Unincorporated
                                       Run Road.                                          Areas).
                                      Approximately 1.0 mile          None    [sbull]17
                                       upstream of Gore Point
                                       Road.
Porter Creek........................  Approximately 0.9 mile          None     [sbull]8  Beaufort County
                                       downstream of Louden                               (Unincorporated
                                       Road.                                              Areas).
                                      Approximately 100 feet          None    [sbull]16
                                       downstream of Gray
                                       Road.
Poundpole Swamp Branch..............  At the confluence with          None    [sbull]15  Beaufort County
                                       Blounts Creek.                                     (Unincorporated
                                                                                          Areas).
                                      Approximately 0.6 mile          None    [sbull]33
                                       upstream of Little
                                       Egypt Road.
Pungo Swamp.........................  Approximately 0.5 mile          None    [sbull]12  Beaufort County
                                       upstream of Jones                                  (Unincorporated
                                       Bridge Road.                                       Areas).
                                      Approximately 100 feet          None    [sbull]25
                                       upstream of State
                                       Route 32.
Rowland Creek.......................  Approximately 100 feet          None     [sbull]9  Beaufort County
                                       upstream of Post Road.                             (Unincorporated
                                                                                          Areas).
                                      Approximately 2,000             None    [sbull]11
                                       feet upstream of
                                       Jackson Swamp Road.
South Creek.........................  Approximately 1,800             None     [sbull]7  Beaufort County
                                       feet upstream of the                               (Unincorporated
                                       confluence with                                    Areas).
                                       Cypress Run.
                                      Approximately 2.7 miles         None    [sbull]15
                                       upstream of the
                                       confluence with
                                       Cypress Run.
Tankard Creek.......................  Approximately 100 feet          None    [sbull]13  Beaufort County
                                       upstream of Boyd Loop                              (Unincorporated
                                       Road.                                              Areas).
                                      Approximately 1.2 miles         None    [sbull]18
                                       upstream of Boyd Loop
                                       Road.
Upper Broad Creek...................  At the confluence with     [sbull]27    [sbull]26  Beaufort County
                                       Durham Creek.                                      (Unincorporated
                                                                                          Areas).
                                      At the County boundary.         None    [sbull]31
Whitehurst Creek....................  Approximately 0.9 mile          None     [sbull]7  Beaufort County
                                       upstream of State                                  (Unincorporated
                                       Route 306.                                         Areas).
                                      Approximately 0.5 mile          None    [sbull]11
                                       upstream of Brantely
                                       Swamp Road.
Pamlico River/Pamlico Sound/Atlantic  In the vicinity of the          None     [sbull]7  Beaufort County
 Ocean.                                intersection of Austin                             (Unincorporated
                                       Road and Cypress Swamp                             Areas).
                                       Road.
Atlantic Ocean/Pamlico Sound........  At the intersection of      [sbull]9    [sbull]10  City of Washington.
                                       9th Street and Boston
                                       Avenue.
Bear Creek..........................  At the upstream side of         None    [sbull]27  Beaufort County
                                       State Route 33.                                    (Unincorporated
                                                                                          Areas).

[[Page 67138]]

 
                                      Approximately 650 feet          None    [sbull]35
                                       downstream of Hodges
                                       Road.
Bear Grass Swamp....................  At the confluence with          None    [sbull]31  Beaufort County
                                       Tranters Creek.                                    (Unincorporated
                                                                                          Areas).
                                      Approximately 1,000             None    [sbull]31
                                       feet upstream of the
                                       confluence with Turkey
                                       Swamp.
Beaverdam Swamp.....................  Approximately 50 feet           None    [sbull]37  Beaufort County
                                       upstream of Slatestone                             (Unincorporated
                                       Road.                                              Areas).
                                      Approximately 1.0 mile          None    [sbull]46
                                       upstream of Slatestone
                                       Road.
Big Swamp...........................  Approximately 50 feet           None    [sbull]31  Beaufort County
                                       upstream of Market                                 (Unincorporated
                                       Street Ext..                                       Areas).
                                      Approximately 1,000             None    [sbull]44
                                       feet upstream of J and
                                       W Tram Road.
Broad Creek.........................  At Broad Creek Road....     [sbull]9    [sbull]10  Beaufort County
                                                                                          (Unincorporated
                                                                                          Areas).
                                      Approximately 1.3 miles     [sbull]9    [sbull]10
                                       upstream of Broad
                                       Creek Road.
Broad Creek Tributary...............  At the upstream side of    [sbull]14    [sbull]15  Beaufort County
                                       Lizard Slip Road.                                  (Unincorporated
                                                                                          Areas).
                                      Approximately 1.4 miles    [sbull]28    [sbull]31
                                       upstream of Old Bath
                                       Highway.
Chicod Creek........................  Approximately 0.9 mile          None    [sbull]31  Beaufort County
                                       downstream of Dixon                                (Unincorporated
                                       Road.                                              Areas).
                                      At the confluence of            None    [sbull]43
                                       Juniper Swamp.
Chocowinity Creek...................  Approximately 450 feet          None    [sbull]22  Beaufort County
                                       downstream of the                                  (Unincorporated
                                       confluence of Morris                               Areas).
                                       Run.
                                      Approximately 3.7 miles         None    [sbull]40
                                       upstream of the
                                       confluence of Morris
                                       Run.
Cindy Edwards Branch................  At the upstream side of         None    [sbull]17  Beaufort County
                                       State Route 33.                                    (Unincorporated
                                                                                          Areas).
                                      Approximately 1.0 mile          None    [sbull]24
                                       upstream of State
                                       Route 33.
Creeping Swamp......................  Approximately 0.7 mile          None    [sbull]34  Beaufort County
                                       downstream of State                                (Unincorporated
                                       Route 102.                                         Areas).
                                      At the County boundary.         None    [sbull]48
Gum Swamp...........................  At the upstream side of         None    [sbull]38  Beaufort County
                                       U.S. Interstate 17.                                (Unincorporated
                                                                                          Areas).
                                      Approximately 650 feet          None    [sbull]42
                                       downstream of County
                                       boundary.
Gum Swamp Run West..................  Approximately 300 feet          None    [sbull]26  Beaufort County
                                       upstream of the                                    (Unincorporated
                                       confluence with Morris                             Areas).
                                       Run.
                                      Approximately 1.5 miles         None    [sbull]32
                                       upstream of the
                                       confluence with Morris
                                       Run.
Hall Swamp..........................  Approximately 50 feet           None    [sbull]37  Beaufort County
                                       upstream of Slatestone                             (Unincorporated
                                       Road.                                              Areas).
                                      Approximately 150 feet          None    [sbull]39
                                       downstream of Bluebird
                                       Lane.
Harding Swamp.......................  At the confluence with          None    [sbull]43  Beaufort County
                                       Juniper Swamp.                                     (Unincorporated
                                                                                          Areas).
                                      Approximately 0.7 mile          None    [sbull]47
                                       upstream of the
                                       confluence of Juniper
                                       Swamp.
Hills Creek.........................  At the downstream side          None    [sbull]10  Beaufort County
                                       of Gilead Shores Road.                             (Unincorporated
                                                                                          Areas).
                                      Approximately 0.8 mile          None    [sbull]13
                                       upstream of Gilead
                                       Shores Road.
Horse Branch........................  At the confluence with          None    [sbull]14  Beaufort County
                                       White Branch.                                      (Unincorporated
                                                                                          Areas).
                                      At Gray Road...........         None    [sbull]18
Horsepen Swamp......................  At the confluence with          None    [sbull]16  Beaufort County
                                       Tranters Creek.                                    (Unincorporated
                                                                                          Areas).
                                      Approximately 1.4 miles         None    [sbull]40
                                       upstream of Wards
                                       Bridge Road.
Joe Branch..........................  At the upstream side of         None    [sbull]43  Beaufort County
                                       Possum Track Road.                                 (Unincorporated
                                                                                          Areas).
                                      Approximately 1,500 fee         None    [sbull]45
                                       upstream of Possum
                                       Track Road.
Maple Branch........................  At the upstream side of    [sbull]14    [sbull]11  Beaufort County
                                       U.S. Highway 264.                                  (Unincorporated
                                                                                          Areas), City of
                                                                                          Washington.
                                      Approximately 0.6 mile          None    [sbull]21
                                       upstream of Farm Path.

[[Page 67139]]

 
Mitchell Branch.....................  At U.S. Highway 264....    [sbull]12    [sbull]14  Beaufort County
                                                                                          (Unincorporated
                                                                                          Areas), City of
                                                                                          Washington.
                                      Approximately 160 feet          None    [sbull]21
                                       upstream of Cherry Run
                                       Road.
Morris Run..........................  At the confluence with          None    [sbull]22  Beaufort County
                                       Chocowinity Creek.                                 (Unincorporated
                                                                                          Areas).
                                      Approximately 1.8 miles         None    [sbull]32
                                       upstream of State
                                       Route 33.
Old Ford Swamp......................  Approximately 1,250        [sbull]25    [sbull]26  Beaufort County
                                       feet downstream of                                 (Unincorporated
                                       Calf Branch Road.                                  Areas).
                                      Approximately 0.7 mile          None    [sbull]36
                                       upstream of Calf
                                       Branch Road.
Pinelog Branch......................  At the confluence with          None    [sbull]29  Beaufort County
                                       Tranters Creek.                                    (Unincorporated
                                                                                          Areas).
                                      Approximately 0.8 mile          None    [sbull]30
                                       upstream of Cherry Run
                                       Road.
Pineygrove Branch...................  Approximately 100 feet          None    [sbull]27  Beaufort County
                                       upstream of Corsica                                (Unincorporated
                                       Road.                                              Areas), City of
                                                                                          Washington.
                                      Approximately 2,000             None    [sbull]33
                                       feet upstream of
                                       Singleton Road.
Snoad Branch........................  Approximately 600 feet     [sbull]18    [sbull]19  Beaufort County
                                       downstream of Voa Road.                            (Unincorporated
                                                                                          Areas).
                                      Approximately 1.4 miles         None    [sbull]33
                                       upstream of Voa Road.
Tranters Creek......................  Approximately 1,600             None    [sbull]11  Beaufort County
                                       feet upstream of the                               (Unincorporated
                                       confluence with Maple                              Areas).
                                       Branch.
                                      At the confluence of            None    [sbull]31
                                       Bear Grass Swamp.
White Branch........................  At the confluence with     [sbull]11    [sbull]12  Beaufort County
                                       Chocowinity Creek.                                 (Unincorporated
                                                                                          Areas).
                                      At the downstream side          None    [sbull]16
                                       of Gray Road.
 
ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½
 qdrt][sbull]North American Vertical
               Datum.
-------------------------------------
           Town of Aurora
 
  Maps available for inspection at
   the Aurora Town Hall, 295 Main
   Street, Aurora, North Carolina.
 
  Send comments to The Honorable Joe
   Hooker, Mayor of the Town of
   Aurora, P.O. Box 86, Aurora,
   North Carolina 27806.
-------------------------------------
 
   Beaufort County (Unincorporated
               Areas)
 
  Maps available for inspection at
   the Beaufort County Building
   Inspection, 220 North Market
   Street, Washington, North
   Carolina.
 
  Send comments to Mr. Donald
   Davenport, Beaufort County
   Manager, P.O. Box 1027,
   Washington, North Carolina 27889.
-------------------------------------
 
         City of Washington
 
  Maps available for inspection at
   the City of Washington Building
   Inspection Department, 102 East
   Second Street, North Carolina.
 
  Send comments to Mr. R.L.
   Willoughby, Washington City
   Manager, P.O. Box 1988,
   Washington, North Carolina 27889.
----------------------------------------------------------------------------------------------------------------


?(Catalog of Federal Domestic Assistance No. 83.100, 
``Flood Insurance.'')

    Dated: October 30, 2002.
Anthony S. Lowe,
Administrator, Federal Insurance and Mitigation Administration.
[FR Doc. 02-27969 Filed 11-01-02; 8:45 am]
BILLING CODE 6718-04-P