[Federal Register Volume 70, Number 63 (Monday, April 4, 2005)]
[Proposed Rules]
[Pages 17037-17042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-6543]


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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-D-7616]


Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency (FEMA), Emergency 
Preparedness and Response Directorate, Department of Homeland Security.

ACTION: Proposed rule.

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

SUMMARY: Technical information or comments are requested on the 
proposed Base (1% annual chance) Flood Elevations (BFEs) and proposed 
BFE modifications for the communities listed below. The BFEs 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 BFEs for each community are available for 
inspection at the office of the Chief Executive Officer of each 
community. The respective addresses are listed in the table below.

FOR FURTHER INFORMATION CONTACT: Doug Bellomo, P.E., Hazard 
Identification Section, Emergency Preparedness and Response 
Directorate, FEMA, 500 C Street SW., Washington, DC 20472, (202) 646-
2903.

SUPPLEMENTARY INFORMATION: FEMA proposes to make determinations of BFEs 
and modified BFEs 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 BFEs, 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

[[Page 17038]]

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 Mitigation Division Director of the 
Emergency Preparedness and Response Directorate certifies that this 
proposed rule is exempt from the requirements of the Regulatory 
Flexibility Act because proposed or modified BFEs are required by the 
Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, 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:

----------------------------------------------------------------------------------------------------------------
                                                                Depth in feet
                                                               above ground. *Elevation
                                                                    in feet (NGVD)
         Source of  flooding                  Location           Elevation in      Communities affected
                                                                      feet (NAVD)
                                                              --------------------------
                                                                 Existing     Modified
----------------------------------------------------------------------------------------------------------------
                                                   NEW JERSEY
                                                  Bergen County
----------------------------------------------------------------------------------------------------------------
Musquapsink Brook...................  Approximately 2,600              *39          *38  Boroughs of Emerson,
                                       feet upstream of               *241         *243   Westwood, Hillsdale,
                                       confluence with                                    Woodcliff Lake,
                                       Pascack Brook at                                   Paramus, Township of
                                       Saddle River Road.                                 Washington.
Pascack Brook.......................  Approximately 0.71 mile          *25          *26  Boroughs of Emerson,
                                       downstream of                   204         *205   River Vale, Hillsdale,
                                       Brookside Avenue.                                  Woodcliff Lake, Park
                                      Approximately 1,300                                 Ridge, Montvale,
                                       feet from the upstream                             Harrington Park.
                                       side of Magnolia
                                       Avenue.
Musquasink Brook By-Pass............  At the confluence of             *59          *60  Township of Washington.
                                       Musquapsink Brook.              *63          *68
                                      Just downstream of
                                       Washington Lake Dam
                                       South.
Tandy Brook.........................  At the confluence with           *62          *63  Borough of Hillsdale.
                                       Pascask Brook.                  *62          *63
                                      Approximately 375 feet
                                       downstream of
                                       Saddlewood Drive.
Westdale Brook......................  At the confluence with           *57          *59  Borough of Westwood.
                                       Pascack Brook.                  *57          *59
                                      Approximately 1,740
                                       feet from upstream
                                       side of Harding Avenue.
-------------------------------------
Borough of Emerson
Maps available for inspection at the Emerson Borough Hall, Municipal Place, Emerson, New Jersey.
Send comments to The Honorable Steve Setteducati, Mayor of the Borough of Emerson, Municipal Place, Emerson, New
 Jersey 07630.
Borough of Harrington Park
Maps available for inspection at the Harrington Park Municipal Center, 85 Harriot Avenue, Harrington Park, New
 Jersey.
Send comments to The Honorable Paul A. Hoelscher, Mayor of the Borough of Harrington Park, Municipal Center, 85
 Harriot Avenue, Harrington Park, New Jersey 07640.
Borough of Hillsdale
Maps available for inspection at the Hillsdale Borough Hall, 380 Hillsdale Avenue, Hillsdale, New Jersey.
Send comments to Mr. Harold Karns, Borough of Hillsdale Administrator, 380 Hillsdale Avenue, Hillsdale, New
 Jersey 07642.
Borough of Montvale
Maps available for inspection at the Montvale Borough Hall, 1 Memorial Drive, Montvale, New Jersey.
Send comments to The Honorable George Zeller, Mayor of the Borough of Montvale, 1 Memorial Drive, Montvale, New
 Jersey 07645.
Borough of Paramus
Maps available for inspection at the Paramus Borough Hall, 1 Jockish Square, Paramus, New Jersey.
Send comments to The Honorable James Tedesco, III, Mayor of the Borough of Paramus, 1 Jockish Square, Paramus,
 New Jersey 07652.
Borough of Park Ridge
Maps available for inspection at the Park Ridge Borough Hall, 55 Park Avenue, Park Ridge, New Jersey.
Send comments to The Honorable Don Ruschman, Mayor of the Borough of Park Ridge, 55 Park Avenue, Park Ridge, New
 Jersey 07656.
Township of River Vale
Maps available for inspection at the River Vale Township Office, 406 River Vale Road, River Vale, New Jersey.

[[Page 17039]]

 
Send comments to The Honorable George Paschalis, Mayor of the Township of River Vale, 406 River Vale Road, River
 Vale, New Jersey 07675.
Township of Washington
Maps available for inspection at the Washington Township Office, 350 Hudson Avenue, Washington, New Jersey.
Send comments to The Honorable Rudolph J. Wenzel, Jr., Mayor of the Township of Washington, 350 Hudson Avenue,
 Washington, New Jersey 07676.
Borough of Westwood
Maps available for inspection at the Westwood Borough Hall, 101 Washington Avenue, Westwood, New Jersey.
Send comments to The Honorable Skip Kelly, Mayor of the Borough of Westwood, 101 Washington Avenue, Westwood,
 New Jersey 07675.
Borough of Woodcliff Lake
Maps available for inspection at the Woodcliff Lake Municipal Building, 188 Pascack Road, Woodcliff Lake, New
 Jersey.
Send comments to The Honorable Josephine C. Higgins, Mayor of the Borough of Woodcliff Lake, Municipal Building,
 188 Pascack Road, Woodcliff Lake, New Jersey 07677.
----------------------------------------------------------------------------------------------------------------
                                                 NORTH CAROLINA
                                                Brunswick County
----------------------------------------------------------------------------------------------------------------
Allen Creek.........................  At the confluence with          None    9  Brunswick County
                                       McKinzie Pond.
                                      Approximately 675 feet          None   50  (Unincorporated Areas),
                                       downstream of West                                 City of Boiling Spring
                                       Boiling Spring Road.                               Lakes.
Alligator Branch....................  At the confluence with          None   19  Brunswick County
                                       Hood Creek.                                        (Unincorporated
                                                                                          Areas).
                                      Approximately 0.5 mile          None   60
                                       downstream of
                                       Interstate 74/76.
Batarora Branch.....................  At the confluence with          None   31  Brunswick County
                                       Hood Creek.                                        (Unincorporated
                                                                                          Areas).
                                      Approximately 1,500             None   36
                                       feet upstream of NC
                                       Highway 87.
Batarora Branch Tributary...........  At the confluence with          None   36  Brunswick County
                                       Batarora Branch.                                   (Unincorporated
                                                                                          Areas).
                                      Approximately 1.3 miles         None   59
                                       upstream of the
                                       confluence with
                                       Batarora Branch.
Beaverdam Creek (near Henrytown)....  At the confluence with          None   12  Brunswick County
                                       Town Creek.                                        (Unincorporated
                                                                                          Areas).
                                      Approximately 1.5 miles         None   66
                                       upstream of Town Creek
                                       Road Northeast.
Beaverdam Creek (near Southport)....  Approximately 1.0 mile          None   11  Brunswick County
                                       upstream of the                                    (Unincorporated
                                       confluence with                                    Areas), Town of St.
                                       Intracoastal Waterway.                             James
                                      At the confluence with          None   12
                                       Beaverdam Swamp.
Beaverdam Swamp.....................  At the confluence with          None   12  Brunswick County
                                       Beaverdam Creek (near                              (Unincorporated
                                       Southport).                                        Areas), Town of St.
                                                                                          James.
                                      Approximately 1,650             None   46
                                       feet upstream of
                                       Committee Drive
                                       Southeast.
Bell Swamp..........................  At the confluence with          None   10  Brunswick County
                                       Mill Creek (near                                   (Unincorporated
                                       Winnabow).                                         Areas).
                                      Approximately 2.0 miles         None   52
                                       upstream of Cherrytree
                                       Road Northeast.
Bishop Branch.......................  At the confluence with          None    9  Brunswick County
                                       Morgan Creek.                                      (Unincorporated
                                                                                          Areas), Town of
                                                                                          Leland.
                                      Approximately 0.3 mile          None   64
                                       upstream of Pinecliff
                                       Drive Northeast.
Cape Fear River.....................  Approximately 1.1 miles         None    7  Brunswick County
                                       downstream of the                                  (Unincorporated
                                       intersection of                                    Areas), Town of
                                       Pender, New Hanover,                               Navassa.
                                       and Brunswick County
                                       boundary.
                                      At the Brunswick/               None   14
                                       Columbus County
                                       boundary.
Cherry Tree Swamp...................  At the confluence with          None   27  Brunswick County
                                       Bell Swamp.                                        (Unincorporated
                                                                                          Areas).
                                      Approximately 1.4 miles         None   62
                                       upstream of Cherrytree
                                       Road Northeast.
Cottage Creek.......................  Approximately 1,000             None   10  Brunswick County
                                       feet downstream of 9th                             (Unincorporated
                                       Street.                                            Areas), City of
                                                                                          Southport.
                                      Approximately 550 feet          None   20
                                       upstream of 11th
                                       Street.
Daw's Creek.........................  Approximately 850 feet          None    9  Brunswick County
                                       upstream of the                                    (Unincorporated
                                       confluence with Town                               Areas).
                                       Creek.
                                      Approximately 0.9 mile          None   16
                                       upstream of Daw's
                                       Creek Road.

[[Page 17040]]

 
Dutchman Creek (north of CP&L Canal)  At the confluence with          None   10  Brunswick County
                                       CP&L Canal.                                        (Unincorporated
                                                                                          Areas), City of
                                                                                          Southport.
                                      Approximately 1.9 miles         None   32
                                       upstream of 211.
Gapway Creek County boundary........  At the Brunswick/               None   45  Brunswick County
                                       Columbus.                                          (Unincorporated
                                                                                          Areas).
                                      Approximately 2.7 miles         None   64
                                       upstream of the
                                       Brunswick/Columbus
                                       County line.
Governors Creek.....................  At the confluence with          None    8  Brunswick County
                                       Walden Creek.                                      (Unincorporated
                                                                                          Areas).
                                      Approximately 2.3 miles         None    8
                                       upstream of unnamed
                                       road.
Harris Swamp........................  At the confluence with          None   11  Brunswick County
                                       Mill Creek (near                                   (Unincorporated
                                       Winnabow).                                         Areas).
                                      Approximately 2.5 miles         None   27
                                       upstream of NC Highway
                                       87.
Hood Creek..........................  At the confluence with          None   10  Brunswick County
                                       Cape Fear River.                                   (Unincorporated
                                                                                          Areas).
                                      Approximately 1.9 miles         None   61
                                       upstream of NC Highway
                                       87.
Hood Creek Tributary................  At the confluence with          None   29  Brunswick County
                                       Hood Creek.                                        (Unincorporated
                                                                                          Areas).
                                      Approximately 300 feet          None   55
                                       upstream of Malmo Lake
                                       Road Northeast.
Jackeys Creek.......................  Approximately 0.3 mile    13   10  Brunswick County
                                       downstream of NC 17.                               (Unincorporated
                                                                                          Areas), Town of
                                                                                          Leland.
                                      Just upstream of          18   17
                                       abandoned railroad.
Jackeys Creek Tributary.............  At the confluence with    18   16  Brunswick County
                                       Jackeys Creek.                                     (Unincorporated
                                                                                          Areas), Town of
                                                                                          Leland.
                                      Approximately 425 feet          None   39
                                       upstream of Lanvale
                                       Road Northeast.
Lewis Branch........................  At the confluence with          None   20  Brunswick County
                                       Lewis Swamp.                                       (Unincorporated
                                                                                          Areas).
                                      Approximately 1.6 miles         None   62  .......................
                                       upstream of Lewis
                                       Swamp Road Northeast.
Lewis Swamp.........................  At the confluence with          None   14  Brunswick County
                                       Town Creek.                                        (Unincorporated
                                                                                          Areas).
                                      Approximately 2.7 miles         None   65  .......................
                                       upstream of Beetree
                                       Farm Trail.
Lewis Swamp Tributary...............  At the confluence with          None   32  Brunswick County
                                       Lewis Swamp.                                       (Unincorporated
                                                                                          Areas).
                                      Approximately 1.5 miles         None   52  .......................
                                       upstream of the
                                       confluence with Lewis
                                       Swamp.
Liliput Creek.......................  Approximately 1,450             None    9  Brunswick County
                                       feet of State Route                                (Unincorporated
                                       133.                                               Areas).
                                      At the confluence with          None    9  .......................
                                       Allen Creek.
Little Mallory Creek................  Approximately 100 feet          None    9  Brunswick County
                                       State Route 133.                                   (Unincorporated
                                                                                          Areas).
                                      Approximately 250 feet          None   21  .......................
                                       upstream of Wire Road.
Livingston Creek....................  Approximately 1.2 miles         None   52  Brunswick County
                                       downstream of Columbus/                            (Unincorporated
                                       Brunswick border.                                  Areas).
                                      At Columbus/Brunswick           None   59  .......................
                                       County border.
McKinzie Creek......................  At the confluence with          None    9  Brunswick County
                                       Allen Creek/McKinzie                               (Unincorporated
                                       Pond.                                              Areas).
                                      Approximately 570 feet          None   25  .......................
                                       upstream of Funston
                                       Road Southeast.
Mill Creek (near Leland)............  Approximately 0.8 mile          None    7  Brunswick County
                                       upstream of the                                    (Unincorporated
                                       confluence with                                    Areas), Town of
                                       Sturgeon Creek.                                    Leland, Town of
                                                                                          Navassa.
                                      Approximately 250 feet          None    9
                                       upstream of Post
                                       Office Road Northwest.
Mill Creek (near Winnabow)..........  At the confluence with          None   10  Brunswick County
                                       Rice Creek.                                        (Unincorporated
                                                                                          Areas).
                                      Approximately 1.7 miles         None   24  .......................
                                       upstream of Old Mill
                                       Creek Road Southeast.
Morgan Creek........................  Approximately 0.3 mile          None    9  Brunswick County
                                       of the confluence with                             (Unincorporated
                                       Town Creek.                                        Areas), Town of
                                                                                          Leland.

[[Page 17041]]

 
                                      Approximately 0.8 miles         None   21  .......................
                                       upstream of Hewitt-
                                       Burton Road Southeast.
Nancy's Creek.......................  At the confluence with          None    8  Brunswick County
                                       Walden Creek.                                      (Unincorporated
                                                                                          Areas).
                                      Approximately 0.6 mile          None    8
                                       upstream of railroad
                                       crossing.
Nigis Creek.........................  At the confluence with          None    8  Brunswick County
                                       Walden Creek.                                      (Unincorporated
                                                                                          Areas).
                                      Approximately 2.0 miles         None   26  .......................
                                       upstream of unnamed
                                       road.
Orton Creek.........................  Approximately 50 feet           None    9  Brunswick County
                                       downstream of                                      (Unincorporated
                                       Plantation Road                                    Areas).
                                       Southeast.
                                      Approximately 1.5 miles         None   44  .......................
                                       upstream of NC 87.
Prices Creek........................  At East Moore Street...         None    9  Brunswick County
                                                                                          (Unincorporated
                                                                                          Areas), City of
                                                                                          Southport.
                                      Approximately 1,750             None  13,  .......................
                                       feet upstream of East
                                       Leonard Street.
Rattlesnake Branch..................  At the confluence with          None   14  Brunswick County
                                       Hood Creek.                                        (Unincorporated
                                                                                          Areas), City of
                                                                                          Northwest.
                                      Approximately 250 feet          None   36  .......................
                                       upstream of Saw Mill
                                       Road.
Rice Creek..........................  Approximately 1.9 miles         None    9  Brunswick County
                                       downstream of                                      (Unincorporated
                                       Governors Road                                     Areas).
                                       Southeast.
                                      At the confluence with          None   10  .......................
                                       Mill Creek (near
                                       Winnabow).
Russells Creek......................  At the confluence with          None    9  Brunswick County
                                       Town Creek.                                        (Unincorporated
                                                                                          Areas).
                                      Approximately 0.3 mile          None   47  .......................
                                       upstream of Irvine
                                       Trail Northeast.
Sand Hill Creek.....................  Approximately 0.8 mile          None    9  Brunswick County
                                       upstream of the                                    (Unincorporated
                                       confluence with Cape                               Areas).
                                       Fear River.
                                      Approximately 800 feet          None   12  .......................
                                       upstream of State
                                       Route 133.
Town Creek..........................  Approximately 600 feet          None    9  Brunswick County
                                       downstream of the                                  (Unincorporated
                                       confluence with                                    Areas).
                                       Russells Creek.
                                      Approximately 2.6 miles         None   63  .......................
                                       upstream of Town Creek
                                       Road Northeast.
Turkey Branch.......................  At the confluence with          None   15  Brunswick County
                                       Town Creek.                                        (Unincorporated
                                                                                          Areas).
                                      Approximately 0.5 mile          None   61
                                       upstream of Patrick
                                       Drive Northeast.
Walden Creek........................  Approximately 0.4 mile          None    9  Brunswick County
                                       of the confluence with                             downstream
                                       Governors Creek.                                   (Unincorporated
                                                                                          Areas).
                                      Approximately 0.6 mile          None    8  .......................
                                       upstream of the
                                       confluence with White
                                       Spring Creek.
White Spring Creek..................  At the confluence with          None    8  Brunswick County
                                       Walden Creek.                                      (Unincorporated
                                                                                          Areas).
                                      Approximately 100 feet          None    8  .......................
                                       downstream of railroad.
Atlantic Ocean......................  Approximately 500 feet    22   21  Brunswick County
                                       south of the                                       (Unincorporated
                                       intersection of                                    Areas), Town of
                                       Southeast 52nd Street                              Caswell Beach, Village
                                       and East Pelican Drive                             of Bald Head Island,
                                       in the Town of Oak                                 Town of Oak Island
                                       Island.
                                      Along Bay Creek at the    11   14  .......................
                                       confluence with Deer
                                       Creek.
Village of Bald Head Island
Maps available for inspection at the Bald Head Island Town Hall, 106 Lighthouse Wynd, Bald Head Island, North
 Carolina.
Send comments to The Honorable Larry Lammert, Mayor of the Village of Bald Head Island, P.O. Box 3009, Bald Head
 Island, North Carolina 28461-3009.
City of Boiling Spring Lakes
Maps available for inspection at the Boiling Spring Lakes City Hall, 9 Boiling Spring Road, Boiling Spring
 Lakes, North Carolina.
Send comments to The Honorable Joan Kinney, Mayor of the City of Boiling Spring Lakes, 9 East Boiling Spring
 Road, Boiling Spring Lakes, North Carolina 28461.
Brunswick County (Unincorporated Areas)
Maps available for inspection at the Brunswick County Planning Department, 75 Courthouse Drive Northeast,
 Building I, Bolivia, North Carolina.
Send comments to Mr. Marty Lawing, Brunswick County Manager, P.O. Box 249, Bolivia, North Carolina 28422-0249.
Town of Caswell Beach
Maps available for inspection at the Caswell Beach Town Hall, 1100 Caswell Beach Road, Caswell Beach, North
 Carolina.
Send comments to The Honorable Harry Simmons, Jr., Mayor of the Town of Caswell Beach, 1100 Caswell Beach Road,
 Caswell Beach, North Carolina 28465.
Town of Leland
Maps available for inspection at the Leland Town Hall, 102 Town Hall Drive, Leland, North Carolina.

[[Page 17042]]

 
Send comments to The Honorable Franky Thomas, Mayor of the Town of Leland, 102 Town Hall Drive, Leland, North
 Carolina 28451.
Town of Navassa
Maps available for inspection at the Navassa Town Hall, 334 Main Street, Navassa, North Carolina.
Send comments to The Honorable Eulis Willis, Mayor of the Town of Navassa, 334 Main Street, Navassa, North
 Carolina 28451.
City of Northwest
Maps available for inspection at the Northwest City Hall, 4889 Vernon Road, Leland, North Carolina.
Send comments to The Honorable James Knox, Mayor of the City of Northwest, P.O. Box 1509, Leland, North Carolina
 28451.
Town of Oak Island
Maps available for inspection at the Oak Island Town Hall, 4601 East Oak Island Drive, Oak Island, North
 Carolina.
Send comments to The Honorable Helen Cashwell, Mayor of the Town of Oak Island, 4601 East Oak Island Drive, Oak
 Island, North Carolina 28465.
Town of St. James
Maps available for inspection at the St. James Town Hall, 3628 St. James Drive, Southport, North Carolina.
Send comments to The Honorable Leonard B. Harmon, Mayor of the Town of St. James, 3628 St. James Drive,
 Southport, North Carolina 28461.
City of Southport
Maps available for inspection at the Southport Town Hall, 201 East Moore Street, Southport, North Carolina.
Send comments to The Honorable Norman Holden, Mayor of the City of Southport, 201 East Moore Street, Southport,
 North Carolina 28461.
----------------------------------------------------------------------------------------------------------------

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

    Dated: March 29, 2005.
David I. Maurstad,
Acting Director, Mitigation Division, Emergency Preparedness and 
Response Directorate.
[FR Doc. 05-6543 Filed 4-1-05; 8:45 am]
BILLING CODE 9110-12-P