# Proposed Flood Elevation Determinations > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A02-22821 ## Record - **Collection:** Federal Register - **Document type:** Proposed Rule - **Published:** September 9, 2002 - **Citation:** 67 FR 57196 ## Text 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 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A02-22821. Public record. Not legal advice.