[Federal Register Volume 71, Number 200 (Tuesday, October 17, 2006)]
[Rules and Regulations]
[Pages 60919-60923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-17274]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67


Final Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency (FEMA), Department of 
Homeland Security, Mitigation Division.

ACTION: Final rule.

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SUMMARY: Base (1% annual chance) Flood Elevations (BFEs) and modified 
BFEs are made final for the communities listed below. The BFEs and 
modified BFEs are the basis for the floodplain management measures that 
each 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: Effective Dates: The date of issuance of the Flood Insurance 
Rate Map (FIRM) showing BFEs and modified BFEs for each community. This 
date may be obtained by contacting the office where the maps are 
available for inspection as indicated on the table below.

ADDRESSES: The final 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: William R. Blanton, Jr., Engineering 
Management Section, Mitigation Division, 500 C Street SW., Washington, 
DC 20472, (202) 646-3151.

SUPPLEMENTARY INFORMATION: FEMA makes the final determinations listed 
below for the modified BFEs for each community listed. These modified 
elevations have been published in newspapers of local circulation and 
ninety (90) days have elapsed since that publication. The Mitigation 
Division Director has resolved any appeals resulting from this 
notification.
    This final rule is issued in accordance with section 110 of the 
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part 
67.
    The Agency has developed criteria for floodplain management in 
floodprone areas in accordance with 44 CFR part 60.
    Interested lessees and owners of real property are encouraged to 
review the proof Flood Insurance Study and FIRM available at the 
address cited below for each community.
    The BFEs and modified BFEs are made final in the communities listed 
below. Elevations at selected locations in each community are shown.
    National Environmental Policy Act. This rule is categorically 
excluded from the requirements of 44 CFR part 10, Environmental 
Consideration. No environmental impact assessment has been prepared.
    Regulatory Flexibility Act. As flood elevation determinations are 
not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, a regulatory flexibility analysis is not required.
    Regulatory Classification. This final rule is not a significant 
regulatory action under the criteria of Section 3(f) of Executive Order 
12866 of September 30,

[[Page 60920]]

1993, Regulatory Planning and Review, 58 FR 51735.
    Executive Order 13132, Federalism. This rule involves no policies 
that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This rule meets the 
applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 67

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

0
Accordingly, 44 CFR part 67 is amended as follows:

PART 67--[AMENDED]

0
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.  67.11  [Amended]

0
2. The tables published under the authority of Sec.  67.11 are amended 
as follows:

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                                                                       *Elevation in
                                                                       feet  (NGVD).
                                                                       +Elevation in
                                            Location of referenced     feet (NAVD).
           Flooding source(s)                      elevation          Depth     Communities affected
                                                                       in feet above
                                                                          ground.
                                                                         Modified
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                              Pender County, North Carolina and Incorporated Areas
                                       Docket Nos.: FEMA-D-7626 and D-7662
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Angola Creek............................  At the confluence with                +20   Pender County
                                           Holly Shelter Creek.                        (Unincorporated Areas).
                                          Approximately 0.2 mile                +31
                                           downstream of the Pender/
                                           Duplin County boundary.
    Tributary 3.........................  At the confluence with                +23   Pender County
                                           Angola Creek.                               (Unincorporated Areas).
                                          Approximately 500 feet                +33
                                           upstream of Cypress Creek
                                           Road.
    Tributary 4.........................  At the confluence with                +26   Pender County
                                           Angola Creek.                               (Unincorporated Areas).
                                          Approximately 1.4 miles               +42
                                           upstream of NC Highway 50.
Ashes Creek.............................  At the confluence with                +17   Pender County
                                           Northeast Cape Fear River.                  (Unincorporated Areas).
                                          Approximately 2.8 miles               +35
                                           upstream of Southwest
                                           Lake.
Bear Branch.............................  At the confluence with                +16   Pender County
                                           Black River.                                (Unincorporated Areas).
                                          Approximately 2,000 feet              +28
                                           upstream of Blueberry
                                           Road.
Beckys Creek............................  Approximately 1.1 miles                +8   Pender County
                                           upstream of the                             (Unincorporated Areas).
                                           Intracoastal Waterway.
                                          Approximately 1.0 mile                +29
                                           upstream of State Route
                                           210.
Bee Branch..............................  At the confluence with                +45   Pender County
                                           Cypress Creek (near Wards                   (Unincorporated Areas).
                                           Corner).
                                          Approximately 350 feet                +55
                                           upstream of Shiloh Road.
Big Branch..............................  At the confluence with                +14   Pender County
                                           Colvins Creek.                              (Unincorporated Areas).
                                          Approximately 875 feet                +24
                                           upstream of the
                                           confluence with Big
                                           Branch Tributary.
Big Branch Tributary....................  At the confluence with Big            +23   Pender County
                                           Branch.                                     (Unincorporated Areas).
                                          Approximately 0.37 mile               +33
                                           upstream of the
                                           confluence with Big
                                           Branch.
Black River.............................  At the confluence with                 +9   Pender County
                                           Cape Fear River.                            (Unincorporated Areas).
                                          Approximately 350 feet                +24
                                           upstream of Beattys
                                           Bridge Road.
Burgaw Creek............................  At the confluence with                +15   Pender County
                                           Northeast Cape Fear River.                  (Unincorporated Areas),
                                                                                       Town of Burgaw.
                                          Approximately 400 feet                +50
                                           upstream of West
                                           Wilmington Street.
Cape Fear River.........................  Approximately 0.6 mile                 +8   Pender County
                                           downstream of the                           (Unincorporated Areas).
                                           confluence with Black
                                           River.
                                          At the Bladen/Pender                  +23
                                           County boundary.
Catskin Creek...........................  At the confluence with                 +9   Pender County
                                           Merricks and Players                        (Unincorporated Areas).
                                           Creek.
                                          Approximately 6.6 miles               +34
                                           upstream of the
                                           confluence with Merricks
                                           and Players Creek.
Colvins Creek...........................  At the confluence with                +16   Pender County
                                           Black River.                                (Unincorporated Areas).
                                          Approximately 0.8 mile                +70
                                           upstream of Beattys
                                           Bridge Road.
    Tributary...........................  At the confluence with                +25   Pender County
                                           Colvins Creek.                              (Unincorporated Areas).
                                          Approximately 0.5 mile                +44
                                           upstream of Slocum Trail.

[[Page 60921]]

 
Cypress Creek (near Stag Park)..........  At the confluence with                +13   Pender County
                                           Northeast Cape Fear River.                  (Unincorporated Areas),
                                                                                       Village of Saint Helena.
                                          Approximately 800 feet                +57
                                           upstream of Front Street.
Cypress Creek (near Wards Corner).......  At the confluence with                +25   Pender County
                                           Long Creek.                                 (Unincorporated Areas).
                                          Approximately 0.5 mile                +53
                                           upstream of Shiloh Road.
Doctors Creek...........................  At the confluence with                +39   Pender County
                                           Rockfish Creek.                             (Unincorporated Areas).
                                          Approximately 0.25 mile               +51
                                           upstream of Katie Ford
                                           Road.
Dry Branch..............................  Approximately 20 feet                 +51   Pender County
                                           upstream of NC Highway                      (Unincorporated Areas).
                                           421.
                                          Approximately 1.1 miles               +55
                                           upstream of NC Highway
                                           421.
Godfrey Creek...........................  At the confluence with                +16   Pender County
                                           Harrisons Creek.                            (Unincorporated Areas).
                                          Approximately 2.1 miles               +32
                                           upstream of the
                                           confluence with Harrisons
                                           Creek.
Guffords Branch.........................  At the confluence with                +10   Pender County
                                           Rileys Creek.                               (Unincorporated Areas).
                                          Just downstream of Highway            +11
                                           210.
Harrisons Creek.........................  At State Route 210........             +8   Pender County
                                                                                       (Unincorporated Areas).
                                          Approximately 300 feet                +29
                                           upstream of Holiday Drive.
Holly Shelter Creek.....................  At the confluence with                +17   Pender County
                                           Northeast Cape Fear River.                  (Unincorporated Areas).
                                          At the Pender/Onslow                  +37
                                           County boundary.
Island Creek Tributary..................  Approximately 0.4 mile                 +9   Pender County
                                           upstream of the                             (Unincorporated Areas).
                                           confluence with Island
                                           Creek.
                                          Approximately 2.8 miles               +27
                                           upstream of the
                                           confluence with Island
                                           Creek.
Jones Creek.............................  At the confluence with                +34   Pender County
                                           Colvins Creek.                              (Unincorporated Areas).
                                          Approximately 1.0 mile                +36
                                           upstream of Beattys
                                           Bridge Road.
Kellys Creek............................  At the confluence with                +25   Pender County
                                           Rileys Creek.                               (Unincorporated Areas).
                                          Approximately 200 feet                +29
                                           upstream of Little Kelly
                                           Road.
Lillington Creek........................  At the confluence with                +13   Pender County
                                           Northeast Cape Fear River.                  (Unincorporated Areas).
                                          Approximately 2.7 miles               +29
                                           upstream of Shaw Highway.
Long Creek..............................  Approximately 3.5 miles                +7   Pender County
                                           upstream of the                             (Unincorporated Areas).
                                           confluence with Northeast
                                           Cape Fear River.
                                          At NC Highway 53..........            +31
Lillington Creek Tributary..............  At the confluence with                +13   Pender County
                                           Lillington Creek.                           (Unincorporated Areas).
                                          Approximately 0.9 mile                +17
                                           upstream of Vogler Drive.
Long Creek Tributary....................  At the confluence with                +26   Pender County
                                           Long Creek.                                 (Unincorporated Areas).
                                          Approximately 0.3 mile                +30
                                           upstream of the
                                           confluence with Long
                                           Creek.
Lewis Creek.............................  Approximately 1,500 feet              +23   Pender County
                                           upstream of the                             (Unincorporated Areas).
                                           confluence with Northeast
                                           Cape Fear River.
                                          Approximately 600 feet                +24
                                           downstream of U.S.
                                           Highway 117.
Merricks Creek..........................  At State Route 210........             +8   Pender County
                                                                                       (Unincorporated Areas).
                                          At the confluence with                 +9
                                           Catskin Creek.
Mill Branch (of Moores Creek)...........  Approximately 0.7 mile                +43   Pender County
                                           downstream of NC Highway                    (Unincorporated Areas),
                                           53.                                         Town of Atkinson.
                                          At Church Street (NC                  +64
                                           Highway 53).
Mill Creek..............................  At the confluence with                +27   Pender County
                                           Rileys Creek.                               (Unincorporated Areas).
                                          Approximately 200 feet                +30
                                           upstream of Highsmith
                                           Road.
Mill Pond...............................  At the confluence with                +17   Pender County
                                           Holly Shelter Creek.                        (Unincorporated Areas).
                                          Approximately 1.5 miles               +17
                                           upstream of Highway 53.

[[Page 60922]]

 
Moores Creek............................  At the confluence with                +27   Pender County
                                           Holly Shelter Creek.                        (Unincorporated Areas).
                                          At the Pender/Onslow                  +43
                                           County boundary.
Moores Creek (near Atkinson)............  Approximately 1.2 miles               +16   Pender County
                                           upstream of Highway 210.                    (Unincorporated Areas).
                                          Approximately 0.3 mile                +20
                                           downstream of John Henry
                                           Store Road.
    Tributary 1.........................  At the confluence with                +33   Pender County
                                           Moores Creek.                               (Unincorporated Areas).
                                          At the confluence with                +51
                                           Moores Creek.
                                          At the Pender/Onslow                  +39   Pender County
                                           County boundary.                            (Unincorporated Areas).
    Tributary 2.........................  At the confluence with                +46
                                           Moores Creek.
                                          At the confluence with                +37   Pender County
                                           Moores Creek.                               (Unincorporated Areas).
    Tributary 6.........................  At the confluence with                +42   Pender County
                                           Moores Creek Tribuatory                     (Unincorporated Areas).
                                           6..
    Tributary 7.........................  At the confluence with                +42   Pender County
                                           Moores Creek Tributary 6.                   (Unincorporated Areas).
                                          Approximately 1.0 mile                +74
                                           upstream of Cypress Creek
                                           Road.
Northeast Cape Fear River...............  At the upstream side of                +8   Pender County
                                           State Route 210.                            (Unincorporated Areas).
                                          At the Pender/Duplin                  +26
                                           County boundary.
Pike Creek..............................  At the confluence with                +10   Pender County
                                           Northeast Cape Fear River.                  (Unincorporated Areas).
                                          Approximately 2.1 miles               +34
                                           upstream of Interstate 40.
Players Creek...........................  At the confluence with                 +9   Pender County
                                           Merricks Creek.                             (Unincorporated Areas).
                                          Approximately 2.5 miles               +25
                                           upstream of the
                                           confluence with Merricks
                                           Creek.
Rileys Creek............................  At the confluence with                 +9   Pender County
                                           Long Creek.                                 (Unincorporated Areas).
                                          At the confluence with                +27
                                           Mill Creek and Rizzo
                                           Creek.
Rizzo Creek.............................  At the confluence with                +27   Pender County
                                           Rileys Creek.                               (Unincorporated Areas).
                                          Approximately 0.5 mile                +29
                                           upstream of the
                                           confluence with Rileys
                                           Creek.
Rockfish Creek..........................  At the confluence with                +26   Pender County
                                           Northeast Cape Fear River.                  (Unincorporated Areas).
                                          At the confluence with                +39
                                           Doctors Creek.
Sandy Run Swamp.........................  At the confluence with                +21   Pender County
                                           Holly Shelter Creek.                        (Unincorporated Areas).
                                          At the Pender/Onslow                  +29
                                           County boundary.
Sawyer Creek............................  At the confluence with                +29   Pender County
                                           Sills Creek.                                (Unincorporated Areas).
                                          Approximately 125 feet                +42
                                           downstream of Highway 11.
Shaken Creek............................  At the confluence with                +18   Pender County
                                           Holly Shelter Creek.                        (Unincorporated Areas).
                                          Approximately 0.3 mile                +34
                                           downstream of the Pender/
                                           Onslow County boundary.
Shelter Swamp Creek.....................  At the confluence with                +25   Pender County
                                           Sandy Run Swamp.                            (Unincorporated Areas).
                                          Approximately 1,900 feet              +34
                                           upstream of the Onslow
                                           Pender County boundary.
Sills Creek.............................  At the confluence with                +29   Pender County
                                           Sawyer Creek.                               (Unincorporated Areas).
                                          Approximately 600 feet                +33
                                           downstream of Old Mill
                                           Road.
Trumpeter Swamp.........................  At the confluence with                +16   Pender County
                                           Catskin Creek.                              (Unincorporated Areas).
                                          Approximately 1.2 miles               +42
                                           upstream of J. A. Drive.
Turkey Creek............................  At the upstream side of                +8   Pender County
                                           State Route 133.                            (Unincorporated Areas).
                                          Approximately 2.3 miles               +22
                                           upstream of State Route
                                           133.
    Tributary...........................  At the confluence with                +11   Pender County
                                           Turkey Creek.                               (Unincorporated Areas).
                                          Approximately 850 feet                +28
                                           upstream of Arvida Spur
                                           Road.

[[Page 60923]]

 
Washington Creek........................  At the confluence with                +25   Pender County
                                           Northeast Cape Fear River.                  (Unincorporated Areas).
                                          Approximately 0.7 mile                +27
                                           upstream of Interstate 40.
    Tributary...........................  At the confluence with                +27   Pender County
                                           Washington Creek.                           (Unincorporated Areas).
                                          Approximately 0.7 mile                +44
                                           upstream of the
                                           confluence with
                                           Washington Creek.
White Oak Branch........................  At the confluence with                +43   Pender County
                                           Tuckahoe Branch.                            (Unincorporated Areas).
                                          Approximately 0.6 mile                +53
                                           downstream of Shiloh Road.
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                                                    ADDRESSES
City of Burgaw
 
Maps available for inspection at the Burgaw City Hall, 109 North Walker Street, Burgaw, North Carolina.
 
Pender County (Unincorporated Areas)
 
Maps available for inspection at the Pender County Planning Department, 805 South Walker Street, Burgaw, North
 Carolina.
 
Village of Saint Helena
 
Maps available for inspection at the Saint Helena Village Hall, 330 Main Street, Burgaw, North Carolina.
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 Depth in feet above ground.
* National Geodetic Vertical Datum.
+ North American Vertical Datum.

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

    Dated: October 4, 2006.
David I. Maurstad,
Director, Mitigation Division, Federal Emergency Management Agency, 
Department of Homeland Security.
[FR Doc. E6-17274 Filed 10-16-06; 8:45 am]
BILLING CODE 9110-12-P