Proposed Flood Elevation Determinations

FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 67

[Docket No. FEMA-D-7544]

Proposed Flood Elevation Determinations

AGENCY:

Federal Emergency Management Agency, FEMA.

ACTION:

Proposed rule.

SUMMARY:

Technical information or comments are requested on the proposed base (1% annual chance) flood elevations and proposed base flood elevation modifications for the communities listed below. The base flood elevations are the basis for the floodplain management measures that the community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).

DATES:

The comment period is ninety (90) days following the second publication of this proposed rule in a newspaper of local circulation in each community.

ADDRESSES:

The proposed base flood elevations for each community are available for inspection at the office of the Chief Executive Officer of each community. The respective addresses are listed in the following table.

FOR FURTHER INFORMATION CONTACT:

Matthew B. Miller, P.E., Chief, Hazards Study Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-3461, or (e-mail)

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

Alabama

Montgomery County (Unincorporated Areas) and City of Montgomery

Baldwin Slough

At the confluence with Catoma Creek

*182

*181

City of Montgomery.

Approximately 600 feet upstream of Vaughn Road

None

*235

Catoma Creek

Just upstream of Trotman Road

*214

*216

Montgomery County (Unincorporated Areas).

Approximately 12.5 miles upstream of Trotman Road

None

*247

Catoma Creek Tributary 1

Approximately 550 feet downstream of the most downstream crossing of Troy Highway

*203

*204

City of Montgomery, Montogomery County (Unincorporated Areas).

Approximately 2.9 miles upstream of the most upstream crossing of Troy Highway

None

*233

Catoma Creek Tributary 1 Branch 1

At the confluence with Catoma Creek Tributary 1

None

*206

City of Montgomery.

Approximately 1.5 miles upstream of the confluence with Catoma Creek Tributary 1

None

*223

Catoma Creek Tributary 1 Branch 2

At confluence with Catoma Creek Tributary 1

None

*208

City of Montgomery.

Approximately 1.7 miles upstream of confluence with Catoma Creek Tributary 1

None

*234

Catoma Creek Tributary 1 and Branch 3

At confluence with Catoma Creek Tributary 1

None

*212

City of Montgomery.

Approximately 1.4 miles upstream of the confluence with Catoma Creek Tributary 1

None

*235

Dry Creek

Approximately 200 feet downstream of Troy Highway

None

*247

Montgomery County (Unincorporated Areas).

Approximately 0.9 mile upstream of Canty Road

None

*271

Jenkins Creek

Just upstream of CSX Transportation

None

*208

City of Montgomery, Montgomery County (Unincorporated Areas).

Approximately 100 feet upstream of Vaughn Road

None

*222

Little Catoma Creek

Approximately 1.25 miles upstream of Troy Highway

None

*220

Montgomery County (Unincorporated Areas).

Just upstream of Old Hayneville Road

None

*268

Little Catoma Creek Tributary 1

Approximately 300 feet upstream from the confluence with Little Catoma Creek

None

*220

Montgomery County (Unincorporated Areas).

Approximately 50 feet upstream of Old Pike Road

None

*259

Millies Creek

Just upstream of CSX Transportation

None

*215

Montgomery County (Unincorporated Areas), City of Montgomery.

Approximately 50 feet upstream of Wallahatchie Road

None

*238

Oliver Creek

Approximately 0.8 mile downstream of CSX Transportation

*174

*173

City of Montgomery.

Approximately 100 feet upstream of Interstate Route 85

None

*237

Montgomery County (Unincorporated Areas)

Maps available for inspection at

the Montgomery County Engineering Department, 3152 Rolling Road Circle, Montgomery, Alabama.

Send comments to Mr. Bill Joseph, Chairman of the Montgomery County Commission, P.O. Box 1667, Montgomery, Alabama 36102.

City of Montgomery

Maps available for inspection at

the Montgomery City Hall, 103 North Perry, Montgomery, Alabama.

Send comments to The Honorable Bobby Bright, Mayor of the City of Montgomery, City Hall, P.O. Box 1111, Montgomery, Alabama 36101.

Beaufort County, North Carolina (Unincorporated Areas)

Acre Swamp

At the confluence with Pungo Swamp

None

•20

Beaufort County (Unincorporated Areas)

Approximately 0.6 mile upstream of confluence with Fork Swamp

None

•28

Back Creek

Approximately 1.9 miles upstream of State Route 92

None

•9

Beaufort County (Unincorporated Areas).

Approximately 3.0 miles upstream of State Route 92

None

•10

Bailey Creek

Approximately 1.1 mile upstream of State Route 306

None

•9

Beaufort County (Unincorporated Areas).

Approximately 150 feet upstream of railroad

None

•12

Blounts Creek

At the upstream side of the railroad

•16

•15

Beaufort County (Unincorporated Areas).

Approximately 1.7 miles upstream of the railroad

None

•23

Broomfield Swamp Creek

Approximately 200 feet downstream of Broome Road

None

•7

Beaufort County (Unincorporated Areas), Town of Aurora.

Approximately 0.4 mile upstream of Broome Road

None

•11

Cypress Run

At the upstream side of Idalia Road

None

•10

Beaufort County (Unincorporated Areas).

Approximately 0.8 mile upstream of Idalia Road

None

•14

Duck Creek

Approximately 0.4 mile upstream of Hawkins Beach Road

None

•9

Beaufort County (Unincorporated Areas).

Approximately 200 feet upstream of Camp Leach Road

None

•9

Durham Creek

Approximately 1.2 miles downstream of Durham Creek Road

None

•8

Beaufort County (Unincorporated Areas).

Approximately 0.8 mile upstream of Walker Road

None

•37

Durham Creek Tributary

At the confluence with Durham Creek

None

•12

Beaufort County (Unincorporated Areas).

Approximately 50 feet downstream of Durham Creek Road

•16

•15

Durham Creek Tributary 2

At the confluence with Durham Creek

None

•21

Beaufort County (Unincorporated Areas).

Approximately 1,875 feet upstream of Fork Road

None

•27

Fork Swamp

At the confluence with Acre Swamp

None

•28

Beaufort County (Unincorporated Areas).

Approximately 0.5 mile upstream of the railroad

None

•35

Gum Swamp Run East

Approximately 0.4 mile upstream of confluence with South Creek

None

•7

Beaufort County (Unincorporated Areas).

Approximately 100 feet downstream of Bay City Road

None

•9

Harvey Creek

At the upstream side of Interstate Route 264

None

•19

Beaufort County (Unincorporated Areas).

Approximately 1.0 mile upstream of Interstate Route 264

None

•25

Herring Run

Approximately 100 feet downstream of Herring Run Road

None

•10

Beaufort County (Unincorporated Areas).

Approximately 1.0 mile upstream of Gore Point Road

None

•17

Porter Creek

Approximately 0.9 mile downstream of Louden Road

None

•8

Beaufort County (Unincorporated Areas).

Approximately 100 feet downstream of Gray Road

None

•16

Poundpole Swamp Branch

At the confluence with Blounts Creek

None

•15

Beaufort County (Unincorporated Areas).

Approximately 0.6 mile upstream of Little Egypt Road

None

•33

Pungo Swamp

Approximately 0.5 mile upstream of Jones Bridge Road

None

•12

Beaufort County (Unincorporated Areas).

Approximately 100 feet upstream of State Route 32

None

•25

Rowland Creek

Approximately 100 feet upstream of Post Road

None

•9

Beaufort County (Unincorporated Areas).

Approximately 2,000 feet upstream of Jackson Swamp Road

None

•11

South Creek

Approximately 1,800 feet upstream of the confluence with Cypress Run

None

•7

Beaufort County (Unincorporated Areas).

Approximately 2.7 miles upstream of the confluence with Cypress Run

None

•15

Tankard Creek

Approximately 100 feet upstream of Boyd Loop Road

None

•13

Beaufort County (Unincorporated Areas).

Approximately 1.2 miles upstream of Boyd Loop Road

None

•18

Upper Broad Creek

At the confluence with Durham Creek

•27

•26

Beaufort County (Unincorporated Areas).

At the County boundary

None

•31

Whitehurst Creek

Approximately 0.9 mile upstream of State Route 306

None

•7

Beaufort County (Unincorporated Areas).

Approximately 0.5 mile upstream of Brantely Swamp Road

None

•11

Pamlico River/Pamlico Sound/Atlantic Ocean

In the vicinity of the intersection of Austin Road and Cypress Swamp Road

None

•7

Beaufort County (Unincorporated Areas).

Atlantic Ocean/Pamlico Sound

At the intersection of 9th Street and Boston Avenue

•9

•10

City of Washington.

Bear Creek

At the upstream side of State Route 33

None

•27

Beaufort County (Unincorporated Areas).

Approximately 650 feet downstream of Hodges Road

None

•35

Bear Grass Swamp

At the confluence with Tranters Creek

None

•31

Beaufort County (Unincorporated Areas).

Approximately 1,000 feet upstream of the confluence with Turkey Swamp

None

•31

Beaverdam Swamp

Approximately 50 feet upstream of Slatestone Road

None

•37

Beaufort County (Unincorporated Areas).

Approximately 1.0 mile upstream of Slatestone Road

None

•46

Big Swamp

Approximately 50 feet upstream of Market Street Ext.

None

•31

Beaufort County (Unincorporated Areas).

Approximately 1,000 feet upstream of J and W Tram Road

None

•44

Broad Creek

At Broad Creek Road

•9

•10

Beaufort County (Unincorporated Areas).

Approximately 1.3 miles upstream of Broad Creek Road

•9

•10

Broad Creek Tributary

At the upstream side of Lizard Slip Road

•14

•15

Beaufort County (Unincorporated Areas).

Approximately 1.4 miles upstream of Old Bath Highway

•28

•31

Chicod Creek

Approximately 0.9 mile downstream of Dixon Road

None

•31

Beaufort County (Unincorporated Areas).

At the confluence of Juniper Swamp

None

•43

Chocowinity Creek

Approximately 450 feet downstream of the confluence of Morris Run

None

•22

Beaufort County (Unincorporated Areas).

Approximately 3.7 miles upstream of the confluence of Morris Run

None

•40

Cindy Edwards Branch

At the upstream side of State Route 33

None

•17

Beaufort County (Unincorporated Areas).

Approximately 1.0 mile upstream of State Route 33

None

•24

Creeping Swamp

Approximately 0.7 mile downstream of State Route 102

None

•34

Beaufort County (Unincorporated Areas).

At the County boundary

None

•48

Gum Swamp

At the upstream side of U.S. Interstate 17

None

•38

Beaufort County (Unincorporated Areas).

Approximately 650 feet downstream of County boundary

None

•42

Gum Swamp Run West

Approximately 300 feet upstream of the confluence with Morris Run

None

•26

Beaufort County (Unincorporated Areas).

Approximately 1.5 miles upstream of the confluence with Morris Run

None

•32

Hall Swamp

Approximately 50 feet upstream of Slatestone Road

None

•37

Beaufort County (Unincorporated Areas).

Approximately 150 feet downstream of Bluebird Lane

None

•39

Harding Swamp

At the confluence with Juniper Swamp

None

•43

Beaufort County (Unincorporated Areas).

Approximately 0.7 mile upstream of the confluence of Juniper Swamp

None

•47

Hills Creek

At the downstream side of Gilead Shores Road

None

•10

Beaufort County (Unincorporated Areas).

Approximately 0.8 mile upstream of Gilead Shores Road

None

•13

Horse Branch

At the confluence with White Branch

None

•14

Beaufort County (Unincorporated Areas).

At Gray Road

None

•18

Horsepen Swamp

At the confluence with Tranters Creek

None

•16

Beaufort County (Unincorporated Areas).

Approximately 1.4 miles upstream of Wards Bridge Road

None

•40

Joe Branch

At the upstream side of Possum Track Road

None

•43

Beaufort County (Unincorporated Areas).

Approximately 1,500 fee upstream of Possum Track Road

None

•45

Maple Branch

At the upstream side of U.S. Highway 264

•14

•11

Beaufort County (Unincorporated Areas), City of Washington.

Approximately 0.6 mile upstream of Farm Path

None

•21

Mitchell Branch

At U.S. Highway 264

•12

•14

Beaufort County (Unincorporated Areas), City of Washington.

Approximately 160 feet upstream of Cherry Run Road

None

•21

Morris Run

At the confluence with Chocowinity Creek

None

•22

Beaufort County (Unincorporated Areas).

Approximately 1.8 miles upstream of State Route 33

None

•32

Old Ford Swamp

Approximately 1,250 feet downstream of Calf Branch Road

•25

•26

Beaufort County (Unincorporated Areas).

Approximately 0.7 mile upstream of Calf Branch Road

None

•36

Pinelog Branch

At the confluence with Tranters Creek

None

•29

Beaufort County (Unincorporated Areas).

Approximately 0.8 mile upstream of Cherry Run Road

None

•30

Pineygrove Branch

Approximately 100 feet upstream of Corsica Road

None

•27

Beaufort County (Unincorporated Areas), City of Washington.

Approximately 2,000 feet upstream of Singleton Road

None

•33

Snoad Branch

Approximately 600 feet downstream of Voa Road

•18

•19

Beaufort County (Unincorporated Areas).

Approximately 1.4 miles upstream of Voa Road

None

•33

Tranters Creek

Approximately 1,600 feet upstream of the confluence with Maple Branch

None

•11

Beaufort County (Unincorporated Areas).

At the confluence of Bear Grass Swamp

None

•31

White Branch

At the confluence with Chocowinity Creek

•11

•12

Beaufort County (Unincorporated Areas).

At the downstream side of Gray Road

None

•16

•North American Vertical Datum.

Town of Aurora

Maps available for inspection at

the Aurora Town Hall, 295 Main Street, Aurora, North Carolina.

Send comments to The Honorable Joe Hooker, Mayor of the Town of Aurora, P.O. Box 86, Aurora, North Carolina 27806.

Beaufort County (Unincorporated Areas)

Maps available for inspection at

the Beaufort County Building Inspection, 220 North Market Street, Washington, North Carolina.

Send comments to Mr. Donald Davenport, Beaufort County Manager, P.O. Box 1027, Washington, North Carolina 27889.

City of Washington

Maps available for inspection at

the City of Washington Building Inspection Department, 102 East Second Street, North Carolina.

Send comments to Mr. R.L. Willoughby, Washington City Manager, P.O. Box 1988, Washington, North Carolina 27889.

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

Dated: October 30, 2002.

Anthony S. Lowe,

Administrator, Federal Insurance and Mitigation Administration.

[FR Doc. 02-27969 Filed 11-01-02; 8:45 am]

BILLING CODE 6718-04-P