Proposed Flood Elevation Determinations

FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 67

[Docket No. FEMA-D-7536]

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)

matt.miller@fema.gov.

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.

§ 67.4

[Amended]

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

Source of flooding

Location

#Depth in feet above ground. •Elevation in feet (NGVD) Elevation in feet (NAVD)

Existing

Modified

Communities affected

DELAWARE

Kent County (Unincorporated Areas), City of Dover, Town of Smyrna, Town of Leipsic, City of Milford, Town of Frederica, Town of Boweres, Town of Little Creek, Town of Clayton,

Andrews Lake

Approximately 1,525 feet downstream of Andrews Lake Road

None

*9

Kent County (Unincorporated Areas)

Approximately 1.25 miles upstream of Andrews Lake Road

None

*22

Beaverdam Ditch

At confluence with Tidy Island Creek

None

*46

Kent County (Unincorporated Areas)

Approximately 90 feet upstream of Taraila Road

None

*57

Browns Branch North

At the downstream side of the northbound lane of U.S. Route 13

None

*42

Kent County (Unincorporated Areas)

At the downstream side of the southbound lane of U.S. Route 13

None

*43

Browns Branch South

At Route 431

None

*41

Kent County (Unincorporated Areas)

Approximately 1.04 miles upstream of Route 431

None

*48

Cahoon Branch

At confluence with Maidstone Branch

*30

*32

Kent County (Unincorporated Areas), City of Dover

Approximately 50 feet downstream of Navit Road

None

*58

Choptank River

Approximately 1.33 miles downstream of Still Road

None

*22

Kent County (Unincorporated Areas)

Approximately 0.5 mile upstream of confluence of Culbreth Marsh Ditch

None

*37

Coursey Pond

Approximately 1,030 feet downstream of Canterbury Road

None

*9

Kent County (Unincorporated Areas)

Approximately 1.3 miles upstream of Canterbury Road

None

*13

Cow Marsh Creek

At confluence with Choptank River

None

*26

Kent County (Unincorporated Areas)

At confluence of Willow Grove Prong

None

*51

Culbreth Marsh Ditch

At confluence with Choptank River

None

*37

Kent County (Unincorporated Areas)

Approximately 300 feet upstream of Lucks Drive

None

*49

Delaware Bay

At intersection of Big Stone Beach Road and Scotts Corner Road

*8

*9

Kent County (Unincorporated Areas), Town of Smyrna, Town of Leipsic, City of Milford, City of Dover, Town of Frederica, Town of Boweres, Town of Little Creek

Approximately 375 feet north of intersection of North Street and Pearson Avenue Bowers, Woodland Beach

*11

813

Duck Creek

Approximately 1,660 feet downstream of Smyrna Landing Road

*8

*9

Kent County (Unincorporated Areas), Town of Smyrna, Town of Clayton

Approximately 300 feet upstream of State Route 15

None

*29

Fork Branch

At confluence with St. Jones River

*24

*27

Kent County (Unincorporated Areas), City of Dover

Approximately 100 feet upstream of Shaws Corner Road

None

*64

Green Branch

At confluence with Marshyhope Creek

None

*41

Kent County (Unincorporated Areas)

Approximately 1,200 feet upstream of Layton Corners Road

None

*56

Green's Branch

Approximately 500 feet downstream of Main Street

None

*9

Kent County (Unincorporated Areas), Town of Smyrna

At CONRAIL

None

*27

Horsepen Arm

At confluence with Marshyhope Creek

None

*54

Kent County (Unincorporated Areas)

Approximately 650 feet upstream of Park Brown Road

None

*58

Little River

Just downstream of State Route 8

None

*9

Kent County (Unincorporated Areas), City of Dover

Approximately 0.7 mile upstream of West Wind Drive

None

*25

Maidstone Branch

At the confluence with St. Jones River

*24

*27

Kent County (Unincorporated Areas), City of Dover

Approximately 750 feet upstream of Sharon Hill Road

None

*49

Marshyhope Creek

At the downstream county boundary

None

*35

Kent County (Unincorporated Areas)

At the confluence of Horsepen Arm

None

*54

Marshyhope Ditch

At the confluence with Marshyhope Creek

None

*54

Kent County (Unincorporated Areas)

Approximately 500 feet upstream of Park Brown Road

None

*56

McColley Pond

Approximately 1,325 feet downstream of Canterbury Road

None

*9

Kent County (Unincorporated Areas)

Approximately 1.4 miles upstream of Canterbury Road

None

*12

McGinnis Pond

Approximately 1,125 feet downstream of McGinnis Pond Road

None

*9

Kent County (Unincorporated Areas)

Approximately 1.0 mile upstream of McGinnis Pond

None

*20

Mill Creek

At U.S. Route 13

*8

*9

Kent County (Unincorporated Areas), Town of Smyrna

At State Route 137

*18

*17

Morgan Branch

Approximately 0.4 mile upstream of the confluence with Little River

*9

*10

Kent County (Unincorporated Areas), City of Dover

Approximately 1.5 miles upstream of Little Creek Road

None

*17

Penrose Branch

Approximately 750 feet upstream of Sharon Hill Road

None

*49

Kent County (Unincorporated Areas)

Approximately 1.9 miles upstream of Pearsons Corner Road

None

*66

Providence Creek

Approximately 300 feet upstream of U.S. Route 15

None

*29

Kent County (Unincorporated Areas), Town of Clayton

Approximately 300 feet upstream of Alley Mill Road

None

*43

Puncheon Branch

Approximately 0.5 mile downstream of U.S. Route 113A

*8

*9

Kent County (Unincorporated Areas), City of Dover

Approximately 900 feet downstream of U.S Route 113A

*8

*9

St. Jones River

Approximately 1,170 feet downstream of Court Street

*9

*10

Kent County (Unincorporated Areas), City of Dover

Approximately 1.11 miles upstream of West College Square

*25

*27

Tappahanna Ditch

At the confluence with Tidy Island Creek

None

*46

Kent County (Unincorporated Areas)

Approximately 200 feet upstream of U.S. Route 8

None

*64

Tantrough Branch

At City of Milford corporate limits

*19

*15

Kent County (Unincorporated Areas), City of Milford

Approximately 0.62 mile upstream of Blairs Pond Dam

None

*34

Tidy Island Creek

Approximately 3,300 feet downstream of Mahan Corner Road

None

*44

Kent County (Unincorporated Areas)

At the confluence of Beaverdam Ditch and Tappahanna Ditch

None

*46

Willow Grove Prong

At confluence with Cow Marsh Creek

None

*51

Kent County (Unincorporated Areas)

Approximately 850 feet upstream of Honeysuckle Road

None

*57

Kent County (Unincorporated Areas)

Maps available for inspection at the Kent County Planning, 414 Federal Street, Dover, Delaware.

Send comments to Mr. Robert McLeod, Kent County Administrator, 414 Federal Street, Room 201, Dover, Delaware 19901.

Town of Bowers

Maps available for inspection at the North Bowers Fire Hall, Rural Drive #1 Bowers, Frederica, Delaware.

Send comments to The Honorabale William Poulin, Mayor of the Town of Bowers, 111 Church Street, Frederica, Delaware 19946.

Town of Clayton

Maps available for inspection at the Clayton Town Hall, 105 Main Street, Clayton, Delaware.

Send comments to The Honorable Robert Berhorn, Mayor of the Town of Clayton, P.O. Box 1130, Clayton, Delaware 19938.

City of Dover

Maps available for inspection at the Dover City Hall, 15 East Lockerman Street, Dover, Delaware.

Send comments to The Honorable James Hutchison, Mayor of the City of Dover, P.O. Box 475, Dover, Delaware 19903.

Town of Frederica

Maps available for inspection at the Frederica Town Hall, David Street, Frederica, Delaware.

Send comments to The Honorable Robert Volkomer, Mayor of the Town of Frederica, P.O. Box 294, Frederica, Delaware 19946.

Town of Leipsic

Maps available for inspection at Leipsic Town Hall, 192 Front Street, Leipsic, Delaware.

Send comments to The Honorable Norma Mohler, Mayor of the Town of Leipsic, 728 Leipsic Road, Dover, Delaware 19901.

Town of Little Creek

Maps available for inspection at the Little Creek Town Hall, 204 Main Street, Little Creek, Delaware.

Send comments to The Honorable Harry Marvel, Sr., Mayor of the Town of Little Creek, P.O. Box 298, Little Creek, Delaware 19961.

City of Milford

Maps available for inspection at the Milford City Hall, 201 South Walnut Street, Milford, Delaware.

Send comments to Mr. Richard Carmean, Milford City Manager, 201 South Walnut Street, Milford, Delaware 19963.

Town of Smyrna

Maps available for inspection at the Smyrna Town Hall, 27 Market Street, Plaza, Smyrna, Delaware.

Send comments to The Honorable Mark Schaeffer, Mayor of the Town of Smyrna, 27 South Market Street Plaza, P.O. Box 307, Smyrna, Delaware 19977.

PITT COUNTY, NORTH CAROLINA

Bells Branch

At the confluence with Hardee Creek

•19

•20

City of Greenville, Pitt County (Unincorporated Areas)

Approximately 2,000 feet upstream of confluence

•19

•20

Briery Swamp

At the confluence with Tranaters Creek

None

•22

Pitt County (Unincorporated Areas)

Approximately 0.4 mile upstream of Staton Mill Road

None

•61

Briery Swamp Tributary

At the confluence with Briery Swamp

None

•36

Pitt County (Unincorporated Areas)

Approximately 0.8 mile upstream of NC 903

None

•44

Cheeks Mill Creek

Approximately 0.5 mile upstream of the confluence with the Tar River

None

•27

Pitt County (Unincorporated Areas)

A backwater area from a point approximately 1.8 miles upstream of the confluence with the Tar River

None

•39

Chicod Creek

At the confluence with the Tar River

•13

•14

Pitt County (Unincorporated Areas)

Approximately 1,250 feet upstream of South Grimesland Bridge Road

None

•39

Conetoe Creek

At the confluence with the Tar River

•27

•31

Pitt County (Unincorporated Areas)

At the confluence of Crisp Creek

None

•48

Cow Swamp

At the confluence with Chicod Creek

None

•19

Pitt County (Unincorporated Areas)

Approximately 2.6 miles upstream of Black Jack-Simpson Road

None

•46

Crisp Creek

At the confluence with Conetoe Creek

None

•48

Pitt County (Unincorporated Areas), Town of Bethel

Approximately 0.5 mile downstream of Interstate 64

None

•51

Cross Swamp

At the confluence with Cow Swamp

None

•33

Pitt County (Unincorporated Areas)

Approximately 0.6 mile upstream of Black Jack-Grimesland Road

None

•37

Flat Swamp

At the confluence with Tranters Creek

None

•39

Pitt County (Unincorporated Areas)

Approximately 0.4 mile upstream of James Road

None

•42

Fornes Run

At the confluence with Green Mill Run

•24

•21

City of Greenville

Approximately 1,850 feet upstream of the confluence with Green Mill Run

•26

•27

Green Mill Run

At the confluence with the Tar River

•20

•21

City of Greenville, Pitt County (Unincorporated Areas)

Approximately 270 feet upstream of Allen Road

None

•70

Grindle Creek

Approximately 2.0 miles upstream of the confluence with the Tar River

None

•14

Pitt County (Unincorporated Areas)

Approximately 500 feet upstream of U.S. 13/NC 11

None

•39

Grindle Creek Tributary

At the confluence with Grindle Creek

None

•20

Pitt County (Unincorporated Areas)

Approximately 0.6 mile upstream of railroad

None

•30

Hardee Creek

At the confluence with the Tar River

•19

•20

City of Greenville, Pitt County (Unincorporated Areas)

Approximately 1.1 miles upstream of Herman Garris Road

None

•57

Hardee Creek Tributary

Approximately 810 feet upstream of the confluence with Hardee Creek

•36

•37

City of Greenville

Approximately 425 feet upstream of Joseph Street

•37

•43

Harris Mill Run

At the confluence with the Tar River

•23

•25

City of Greenville, Pitt County (Unincorporated Areas)

Approximately 0.4 mile upstream of Interstate 264

None

•60

Hunting Run

At the confluence with Grindle Creek

None

•21

Pitt County (Unincorporated Areas)

Approximately 1.5 miles upstream of the confluence with Grindle Creek

None

•29

Island Swamp

At the confluence with Chicod Creek

None

•35

Pitt County (Unincorporated Areas)

Approximately 0.9 mile upstream of South Grimesland Bridge Road

None

•44

Johnsons Mill Run

At the confluence with the Tar River

•24

•25

Pitt County (Unincorporated Areas), City of Greenville

Approximately 80 feet downstream of Staton House Road

None

•32

Johnsons Mill Run Tributary

At the confluence with Johnsons Mill Run

None

•26

Pitt County (Unincorporated Areas), City of Greenville

Approximately 900 feet downstream of Barrus Construction Road

None

•31

Juniper Branch

At the confluence with Chicod Creek

None

•15

Pitt County (Unincorporated Areas)

Approximately 0.4 mile upstream of Ivy Road

None

•47

Kitten Creek

At the confluence with Otters Creek

None

•36

Pitt County (Unincorporated Areas), Town of Fountain

Approximately 1.6 miles upstream of Dilda Church Road

None

•77

Lateral No. 1

Approximately 150 feet upstream of the confluence with Parkers Creek

•22

•23

City of Greenville

At Interstate 13

•23

•24

Lawrence Run

At the confluence with Tyson Creek

None

•33

Pitt County (Unincorporated Areas)

Approximately 1.8 miles upstream of NC 121

None

•58

Meadow Branch

At the confluence with Briery Swamp

None

•22

Pitt County (Unincorporated Areas)

Approximately 0.7 mile upstream of Sheppard Mill Road

None

•47

Mill Branch

At the confluence with Whichard Branch

None

•41

Pitt County (Unincorporated Areas)

Approximately 0.4 mile upstream of Staton Mill Road

None

•59

North Fork Green Mill Run

Approximately 175 feet upstream of the confluence with Green Mill Run

•55

•56

City of Greenville, Pitt County (Unincorporated Areas)

Approximately 1,100 feet upstream of Spring Forest Road

•68

•69

Otter Creek

At the confluence with the Tar River

•29

•33

Pitt County (Unincorporated Areas), Town of Falkland

Approximately 0.8 mile downstream of Edgewood Church Road

None

•51

Otter Creek Tributary

At the confluence with Otter Creek

None

•48

Pitt County (Unincorporated Areas)

Approximately 200 feet upstream of the confluence with Otter Creek

None

•48

Parkers Creek

At the confluence with the Tar River

•21

•22

City of Greenville

Approximately 800 feet upstream of Staton Road

None

•26

Pea Branch

At the confluence with Tranters Creek

None

•15

Pitt County (Unincorporated Areas)

Approximately 400 feet upstream of Satterthwaite Road

None

•26

Poley Branch

At the confluence with Tranters Creek

None

•15

Pitt County (Unincorporated Areas)

Approximately 2,000 feet upstream of Sheppard Mill Road

None

•25

Tar River

Approximately 1.8 miles upstream of the confluence with Bear Creek

•10

•9

Pitt County (Unincorporated Areas), Town of Falkland, City of Greenville

At the county boundary

•33

•37

Thomas Canal

At the confluence with Conetoe Creek

None

•46

Pitt County (Unincorporated Areas), Town of Bethel

Approximately 900 feet upstream of Bowers Road

None

•49

Tranters Creek

Approximately 2.5 miles upstream of the confluence with the Tar River

None

•9

Pitt County (Unincorporated Areas)

Approximately 1.3 miles upstream of the confluence with Flat Swamp

None

•49

Tyson Creek

At the confluence with the Tar River

•27

•30

Pitt County (Unincorporated Areas), Town of Falkland

Approximately 1.3 miles upstream of Seven Pines Road

None

•65

Whichard Branch

At the confluence with Grindle Creek

None

•32

Pitt County (Unincorporated Areas)

Approximately 0.8 mile upstream of David Nobles Road

None

•53

TOWN OF BETHEL

Maps available for inspection at Pitt County Planning Department, Development Services Building, 1717 West 5th Street, Greenville, North Carolina.

Send comments to Mr. Greg Zephir, Bethel Town Administrator, P.O. Box 337, Bethel, North Carolina 27812.

Town of Falkland

Maps available for inspection at the Town of Falkland Community Building, Main Street, Falkland, North Carolina.

Send comments to the Honorable J.P. Stanzil, Mayor of the Town of Falkland, P.O. Box AO, Falkland, North Carolina 27827.

Town of Fountain

Maps available for inspection at the Fountain Town Hall, 6777 West Wilson, Fountain, North Carolina.

Send comments to the Honorable Shirley Mitchell, Mayor of the Town of Fountain, P.O. Box 134, Fountain, North Carolina 27829.

City of Greenville

Maps available for inspection at the Greenville Community Planning Development Building, 306 South Green Street, Greenville, North Carolina.

Send comments to Mr. Marvin Davis, Greenville City Manager, P.O. Box 7207, Greenville, North Carolina 27835.

Pitt County Unincorporated Areas

Maps available for inspection at the Pitt County Planning Department, Development Services Building, 1717 West 5th Street, Greenville, North Carolina.

Send comments to Mr. Scott Elliot, Pitt County Manager, 1717 West 5th Street, Greenville, North Carolina 27834.

Village of Simpson

Maps available for inspection at the Pitt County Planning Department, Development Services Building, 1717 West 5th Street, Greenville, North Carolina.

Send comments to the Honorable Tracey Mayo, Mayor of the Village of Simpson, P.O. Box 10, Simpson, North Carolina 27879.

PENNSYLVANIA

Allegheny County (All Jurisdictions)

Chartiers Creek

At the upstream side of Ingram Avenue

None

•748

Township of Robinson, Borough of Crafton, Borough of Rosslyn Farms, Borough of Thornburg

Approximately 300 feet downstream of Chartiers Avenue

None

•754

BOROUGH OF CRAFTON

Maps available for inspection at the Crafton Borough Hall, 100 Stotz Avenue, Pittsburgh, Pennsylvania.

Send comments to Mr. Stephen Vincenti, Crafton Borough Manager, 100 Stotz Avenue, Pittsburgh, Pennsylvania 15205.

Township of Robinson

Maps available for inspection at Robinson Township Municipal Building, 1000 Church Hill Road, Pittsburgh, Pennsylvania.

Send comments to Mr. William L. Blumling, Chairman of the Robinson Township Board of Commissioners, 1000 Church Hill Road, Pittsburgh, Pennsylvania 15205.

Borough of Rosslyn Farms

Maps available for inspection at Rosslyn Farms Borough Municipal Office, 421 Kings Highway, Carnegie, Pennsylvania.

Send comments to Mr. Thomas B. Trebilcock, Rosslyn Farms Borough Council President, 421 Kings Highway, Carnegie, Pennsylvania 15106.

Borough of Thornburg

Maps available for inspection at the Thornburg Borough Office, 235 Tech Road, Pittsburgh, Pennsylvania.

Send comments to The Honorable Thomas P. Gordon, Mayor of the Borough of Thornburg, 235 Tech Road, Pittsburgh, Pennsylvania 15205.

(Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”)

Dated: August 30, 2002.

Anthony S. Lowe,

Administrator, Federal Insurance and Mitigation Administration.

[FR Doc. 02-22821 Filed 9-6-02; 8:45 am]

BILLING CODE 6718-04-P