Proposed Flood Elevation Determinations

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-D-7560]

Proposed Flood Elevation Determinations

AGENCY:

Federal Emergency Management Agency, 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 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:

Mary Jean Pajak, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-2831.

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 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 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

NORTH CAROLINA

Bladen County (Unincorporated Areas)

Lateral 7 Creek

At the confluence with Bryant Swamp

None

•105

Town of Bladenboro, Bladen County (Unincorporated Areas)

Approximately 1,700 feet upstream of Poplar Street

None

•114

Barefoot Swamp

At the confluence with Crawley Swamp

None

•104

Bladen County (Unincorporated Areas)

Approximately 0.7 mile upstream of Highway 41

None

116

Big Foot Marsh

At the confluence with Brown Marsh Swamp

None

•71

Town of Clarkton, Bladen County (Unincorporated Areas)

Approximately 100 feet downstream of Business 701

None

•78

Black Swamp

At the Bladen-Robeson County boundary

None

•108

Bladen County (Unincorporated Areas)

Approximately 1.9 miles upstream of Highway 131

None

•123

Brown Marsh Swamp

Approximately 1,500 feet upstream of Red Hill Road

None

•70

Bladen County (Unincorporated Areas)

Approximately 0.9 mile upstream of Highway 701

None

•86

Bryant Swamp

At the Bladen-Robeson County boundary

None

•92

Town of Bladenboro, Bladen County (Unincorporated Areas)

Approximately 0.25 mile upstream of Highway 211 Bypass

None

•107

Crawley Swamp

At the Bladen-Robeson County boundary

None

•100

Bladen County (Unincorporated Areas)

Approximately 1.0 mile downstream from State Route 410

None

•108

Crooked Bay

At the Bladen-Robeson County boundary

None

•109

Bladen County (Unincorporated Areas)

Approximately 1,200 feet downstream from Tar-heel Ferry Road

None

•113

Doubles Branch

Approximately 200 feet downstream of Burney Ford Road

None

•81

Bladen County (Unincorporated Areas)

Approximately 1.2 miles upstream of Burney Ford Road

None

•89

Elkton Marsh

At the confluence with Brown Marsh Swamp

None

•87

Bladen County (Unincorporated Areas)

Approximately 600 feet downstream of Burney Ford Road

None

•100

Horsepen Branch

Approximately 1,500 feet downstream from the confluence of Spring Branch

None

•87

Bladen County (Unincorporated Areas)

Approximately 0.5 mile upstream of Highway 410

None

•100

Middle Swamp

At the confluence with Elkton Marsh

None

•78

Bladen County (Unincorporated Areas)

Approximately 1.0 mile upstream of Porterville School Road

None

•96

Rattlesnake Creek

At the confluence of Spring Branch

None

•91

Bladen County (Unincorporated Areas)

At the Bladen-Columbus County boundary

None

•96

Reedy Creek

At the confluence with Black Swamp

None

•118

Bladen County (Unincorporated Areas)

Approximately 1.1 miles upstream of Highway 87

None

•140

Slender Branch

At the confluence with Horsepen Branch

None

•93

Bladen County (Unincorporated Areas)

Approximately 1.0 mile upstream of the confluence with Horsepen Branch

None

•100

Spring Branch

At the confluence with Horsepen Branch

None

•89

Bladen County (Unincorporated Areas)

Approximately 4,700 feet upstream of State Route 242

None

•104

Wateree Creek

At the confluence of Bryant Swamp

None

•101

Approximately 200 feet upstream of 211 Bypass

None

•115

Town of Bladenboro, Bladen County (Unincorporated Areas)

Big Swamp

Approximately 1.8 miles upstream of the confluence of Bryant Swamp

None

•99

Bladen County (Unincorporated Areas)

At the confluence with Big Marsh Swamp

None

•122

Galberry Swamp

At the confluence with Big Marsh Swamp

None

•122

Bladen County (Unincorporated Areas)

At the Bladen-Cumberland County boundary

None

•135

Lumber River

At the Bladen-Robeson-Columbus County boundary

None

•89

Bladen County (Unincorporated Areas)

Approximately 1.8 miles upstream of the confluence of Bryant Swamp and Big Swamp

None

•99

Bladen County (Unincorporated Areas)

Maps available for inspection at the Bladen County Courthouse, 106 East Broad Street, Room 107, Elizabethtown, North Carolina.

Send comments to Mr. Gregory Martin, Bladen County Manager, P.O. Box 1048, 106 East Broad Street, Room 105, Elizabethtown, North Carolina 28337.

Town of Bladenboro

Maps available for inspection at the Bladenboro Town Hall, 305 South Main Street, Bladenboro, North Carolina.

Send comments to the Honorable Livingston Lewis, Mayor of the Town of Bladenboro, P.O. Box 455, 3055 South Main Street, Bladenboro, North Carolina 28320.

Town of Clarkton

Maps available for inspection at the Clarkton Town Hall, 81 North Elm Street, Clarkton, North Carolina.

Send comments to the Honorable Robert C. Clark, Mayor of the Town of Clarkton, P.O. Box 307, 81 North Elm Street, Clarkton, North Carolina 28433.

NORTH CAROLINA

Halifax County (Unincorporated Areas)

Bear Swamp

Approximately 500 feet upstream of the confluence with Little Fishing Creek

•160

•161

Halifax County (Unincorporated Areas)

Approximately 3.4 miles upstream of Airlie Road

None

•214

Beaverdam Swamp

At the confluence with Marsh Swamp

•81

•82

Halifax County (Unincorporated Areas)

Approximately 1.4 miles upstream of I-95

None

•132

Beaverdam Swamp Tributary

At the confluence with Beaverdam Swamp

None

•106

Halifax County (Unincorporated Areas)

Approximately 1.5 miles upstream of Beaverdam Road

None

•120

Beech Swamp

At the confluence with Fishing Creek

None

•62

Halifax County (Unincorporated Areas), Town of Enfield

Approximately 0.5 mile upstream of the confluence of Beech Swamp Tributary 1

None

•77

Beech Swamp Tributary 1

At the confluence with Beech Swamp

None

•74

Halifax County (Unincorporated Areas)

Approximately 700 feet upstream of Thirteen Bridges Road

None

•103

Beech Swamp Tributary 2

At the confluence with Beech Swamp Tributary 1

None

•77

Halifax County (Unincorporated Areas)

Approximately 0.5 mile upstream of Loop Road

None

•93

Beech Swamp Tributary 3

Approximately 0.5 mile upstream of the confluence with Beech Swamp

•80

•81

Halifax County (Unincorporated Areas), Town of Enfield

Approximately 1.4 miles upstream of the confluence with Beech Swamp

None

•97

Bens Creek

At the confluence with Little Fishing Creek

None

•186

Halifax County (Unincorporated Areas)

At the Halifax-Warren County boundary

None

•188

Breeches Swamp

At the confluence with Jacket Swamp

None

•95

Halifax County (Unincorporated Areas)

Approximately 0.8 mile upstream of Ringwood Road

None

•107

Burnt Coat Swamp

Approximately 0.5 mile downstream of Justice Branch Road

•80

•81

Halifax County (Unincorporated Areas), Town of Enfield

Approximately 2.0 miles upstream of the confluence of Jacket Swamp

None

•102

Butterwood Creek

At the confluence with Bear Swamp

None

•176

Halifax County (Unincorporated Areas)

Approximately 1.3 miles upstream of Cold Mine School Road

None

•267

Deep Creek (Downstream)

At the Halifax-Edgecombe County boundary

None

•61

Halifax County (Unincorporated Areas), Town of Scotland Neck

Approximately 0.5 mile downstream of U.S. Highway 258

None

•76

Deep Creek (Upstream)

Approximately 1,000 feet upstream of confluence with Deep Creek Tributary

None

•86

Halifax County (Unincorporated Areas)

Approximately 2.3 miles upstream of Highway 125/903

None

•101

Deep Creek Tributary

At confluence with Deep Creek

None

•86

Halifax County (Unincorporated Areas)

Approximately 1.5 miles upstream of Thirteen Bridges Road

None

•106

Deep Creek Tributary 5

At the confluence with Deep Creek

None

•62

Halifax County (Unincorporated Areas), Town of Hobgood

Approximately 0.5 mile upstream of the confluence with Deep Creek Tributary 6

None

•77

Deep Creek Tributary 6

At the confluence with Deep Creek Tributary 5

None

• 76

Halifax County (Unincorporated Areas)

Approximately 0.5 mile upstream of the confluence with Deep Creek Tributary 5

None

•79

Deep Creek Tributary 7

At the confluence with Deep Creek

None

•67

Halifax County (Unincorporated Areas)

Approximately 2.1 miles upstream of the confluence with Deep Creek

None

•77

Fishing Creek (Upstream)

Approximately 50 feet downstream of Ward Road

None

•129

Halifax County (Unincorporated Areas)

At the Halifax-Warren County boundary

None

•165

Fishing Creek (Downstream)

At the Halifax-Edgecombe County boundary

None

•60

Halifax County (Unincorporated Areas)

Approximately 200 feet downstream of 301

None

•95

Fishing Creek Tributary 4

At the confluence with Fishing Creek

None

•80

Halifax County (Unincorporated Areas)

Approximately 500 feet upstream of Thirteen Bridges Road

None

•101

Fishing Creek Tributary 5

At the confluence of Fishing Creek

None

•90

Halifax County (Unincorporated Areas), Town of Enfield

Approximately 0.7 mile upstream of South Dennis Street

None

•102

Jacket Swamp

At the confluence with Burnt Coat Swamp

None

•90

Halifax County (Unincorporated Areas)

Approximately 0.8 mile upstream of I-95

None

•115

Little Fishing Creek

Approximately 0.3 mile upstream of confluence with Bear Swamp

None

•161

Halifax County (Unincorporated Areas)

At the Halifax-Warren County boundary

None

•186

Little Fishing Creek Tributary 1

At the confluence with Little Fishing Creek

None

•165

Halifax County (Unincorporated Areas)

Approximately 0.4 mile upstream of confluence of Little Fishing Creek Tributary 3

None

•227

Little Fishing Creek Tributary 2

At the confluence with Little Fishing Creek Tributary 1

None

•200

Halifax County (Unincorporated Areas)

At the Halifax-Warren County boundary

None

•240

Little Fishing Creek Tributary 3

At the confluence with Little Fishing Creek Tributary 1

None

•216

Halifax County (Unincorporated Areas)

Approximately 400 feet upstream of Highway 561

None

•238

Little Fishing Creek Tributary 4

At the confluence with Little Fishing Creek

None

•175

Halifax County (Unincorporated Areas)

At the Halifax-Warren County boundary

None

•188

Little Fishing Creek Tributary 5

At the confluence with Little Fishing Creek Tributary 4

None

•175

Halifax County (Unincorporated Areas)

Approximately 0.7 mile upstream of the confluence of Little Fishing Creek Tributary 4

None

•192

Little Fishing Creek Tributary 6

At the confluence with Little Fishing Creek

None

•178

Halifax County (Unincorporated Areas)

Approximately 1.5 miles upstream of the confluence with Little Fishing Creek

None

•205

Little Fishing Creek Tributary 7

At the confluence with Little Fishing Creek

None

•181

Halifax County (Unincorporated Areas)

Approximately 0.9 mile upstream of Spruills Bridge Road

None

•200

Marsh Swamp

At the downstream side of Aurelian Springs Road

None

•129

Halifax County (Unincorporated Areas)

Approximately 0.7 mile upstream of Aurelian Springs Road

None

•130

Marsh Swamp Tributary 1

Approximately 0.2 mile upstream of the confluence with Marsh Swamp

None

•85

Halifax County (Unincorporated Areas)

Approximately 0.2 mile downstream of Justice Branch Road

None

•99

Marsh Swamp Tributary 2

Approximately 1,500 feet upstream of the confluence with Marsh Swamp

None

•92

Halifax County (Unincorporated Areas)

Approximately 3.5 miles upstream of the confluence with Marsh Swamp

None

•96

Porter Creek

At the confluence with Little Fishing Creek

None

•166

Halifax County (Unincorporated Areas)

At the Halifax-Warren County boundary

None

•226

Reedy Creek

At the confluence with Little Fishing Creek

None

•180

Halifax County (Unincorporated Areas)

At the Halifax-Warren County boundary

None

•180

Rocky Swamp

Approximately 800 feet downstream of Highway 481

•108

•109

Halifax County (Unincorporated Areas)

Approximately 1.0 mile upstream of Sledge Road

None

•194

Halifax County Unincorporated Areas

Maps available for inspection at the Halifax County Planning Office, Public Works Building, Room 102, 26 North King Street, Halifax, North Carolina.

Send comments to Mr. Matthew Delk, Halifax County Manager, P.O. Box 38, Halifax, North Carolina 27839.

Town of Enfield

Maps available for inspection at the Enfield Town Hall, 105 Northwest Railroad Street, Enfield, North Carolina.

Send comments to The Honorable Edward Jones, Mayor of the Town of Enfield, P.O. Box 699, Enfield, North Carolina 27823.

Town of Hobgood

Maps available for inspection at the Hobgood Town Hall, 207 West Commerce Street, Hobgood, North Carolina.

Send comments to The Honorable Tim Purvis, Mayor of the Town of Hobgood, P.O. Box 217, Hobgood, North Carolina 27843.

Town of Scotland Neck

Maps available for inspection at the Scotland Neck Town Hall, 1310 Main Street, Scotland Neck, North Carolina.

Send comments to The Honorable Robert Partin, Mayor of the Town of Scotland Neck, P.O. Box 537, Scotland Neck, North Carolina 27874.

NORTH CAROLINA

Unincorporated Areas of Warren County

Bens Creek

At the downstream county boundary

None

•187

Warren County (Unincorporated Areas).

Approximately 850 feet upstream of Skinner Road

None

•265

Big Branch

At the confluence with Little Fishing Creek and Walkers Creek.

None

•240

Warren County (Unincorporated Areas).

Approximately 1.1 miles upstream of the confluence with Little Fishing Creek and Walkers Creek

None

•250

Bobs Branch

At the confluence with Fishing Creek

None

•176

Warren County (Unincorporated Areas).

Approximately 0.6 mile upstream of the confluence with Fishing Creek

None

•180

Bridle Creek

At the confluence with Fishing Creek

None

•238

•Warren County (Unincorporated Areas).

Approximately 3.2 miles upstream of the confluence with Fishing Creek

None

•304

Buffalo Branch

At the confluence with Shocco Creek

None

•254

Warren County (Unincorporated Areas).

Approximately 1.5 miles upstream of the confluence with Shocco Creek

None

•284

Buffalo Creek

At the confluence with Fishing Creek

None

•192

Warren County (Unincorporated Areas).

Approximately 1.2 miles upstream of Davis Bugg Road

None

•216

Cabin Branch

At the confluence with Shocco Creek

None

•223

Warren County (Unincorporated Areas).

Approximately 1.2 miles upstream of confluence with Shocco Creek

None

•242

Dowtins Creek

At the confluence with Walkers Creek

None

•241

Warren County (Unincorporated Areas).

Approximately 1.7 miles upstream of the confluence with Walkers Creek

None

•261

Fishing Creek

At the downstream county boundary

None

•165

Warren County (Unincorporated Areas).

At the upstream county boundary

None

•345

Gum Pond Branch

At the confluence with Fishing Creek

None

•200

Warren County (Unincorporated Areas).

Approximately 0.8 mile upstream of the confluence with Fishing Creek

None

•208

Gunters Creek

At the confluence with Fishing Creek

None

•181

Warren County (Unincorporated Areas).

Approximately 150 feet downstream of Tutelo Road

None

•198

Hogpen Branch

At the confluence with Fishing Creek

None

•176

Warren County (Unincorporated Areas).

Approximately 1.2 miles upstream of the confluence with Fishing Creek

None

•190

Horse Creek

At the confluence with Fishing Creek

None

•251

Warren County (Unincorporated Areas).

Approximately 0.3 mile upstream of the confluence with Fishing Creek

None

•253

Horsepen Branch

At the confluence with Shocco Creek

None

•242

Warren County (Unincorporated Areas).

Approximately 1.2 miles upstream of the confluence with Shocco Creek

None

•258

Lees Branch

At the confluence with Shocco Creek

None

•284

Warren County (Unincorporated Areas).

Approximately 630 feet upstream of Pinnel Road

None

•324

Little Fishing Creek

Approximately 300 feet downstream of the confluence of Bens Creek

None

•185

Warren County (Unincorporated Areas).

At the confluence of Big Branch and Walkers Creek

None

•240

Little Fishing Creek Tributary 2

At the downstream county boundary

None

•241

Warren County (Unincorporated Areas).

Approximately 0.3 mile upstream of the county boundary

None

•246

Little Fishing Creek Tributary 4

At the downstream county boundary

None

•190

Warren County (Unincorporated Areas).

Approximately 930 feet upstream of Long School Road

None

•244

Little Shocco Creek

At the confluence with Shocco Creek

None

•206

Warren County (Unincorporated Areas)

Approximately 2.2 miles upstream of Rod Alston Road

None

258

Long Branch

At the confluence with Fishing Creek

None

•192

Warren County (Unincorporated Areas)

Approximately 0.4 mile upstream of Otis Clark Road

None

•217

Maple Branch

At the confluence with Fishing Creek

None

•168

Warren County (Unincorporated Areas)

Approximately 0.6 mile upstream of Maple Road

None

•206

Matthews Creek

At the confluence with Fishing Creek

None

•291

Warren County (Unincorporated Areas)

Approximately 1.7 miles upstream of Manson Axtell Road

None

•335

Mill Branch

At the confluence with Fishing Creek

None

•207

Warren County (Unincorporated Areas)

Approximately 800 feet upstream of Gum Pond Road

None

•213

Owens Creek

At the confluence with Fishing Creek

None

•268

Warren County (Unincorporated Areas)

Approximately 2.3 miles upstream of Ridgeway Road

None

•358

Phoebes Creek

At the confluence with Fishing Creek

None

•264

Warren County (Unincorporated Areas)

Approximately 400 feet downstream of Martin Luther King Boulevard

None

•310

Porter Creek

At the county boundary

None

•228

Warren County (Unincorporated Areas)

Approximately 0.3 mile upstream of the county boundary

None

•232

Possumquarter Creek

At the confluence with Fishing Creek

None

•234

Warren County (Unincorporated Areas)

Approximately 2.0 miles upstream of Baltimore Church Road

None

•258

Reedy Branch

At the confluence with Fishing Creek

None

•187

Warren County (Unincorporated Areas)

Approximately 0.9 mile upstream of the confluence with Fishing Creek

None

•196

Reedy Creek

Approximately 100 feet upstream of the county boundary

None

•179

Warren County (Unincorporated Areas)

Approximately 0.5 mile upstream of Airport Road

None

•367

Richneck Creek

At the confluence with Fishing Creek

None

•234

Warren County (Unincorporated Areas)

Approximately 150 feet downstream of Limer Town Road

None

•277

Richneck Creek Tributary 1

At the confluence with Richneck Creek

None

•249

Warren County (Unincorporated Areas)

Approximately 1.2 miles upstream of the confluence with Richneck Creek

None

•283

Sandy Creek

At the downstream county boundary

None

•280

Warren County (Unincorporated Areas)

At the upstream county boundary

None

•298

Shocco Creek

At the confluence with Fishing Creek

None

•210

Warren County (Unincorporated Areas)

Approximately 2.7 miles upstream of Shepard Road

None

•232

Shocco Creek Tributary 1

At the confluence with Shocco Creek

None

•210

Warren County (Unincorporated Areas)

Approximately 1.3 miles upstream of the confluence with Shocco Creek

None

•232

Walkers Creek

At the confluence with Little Fishing Creek and Big Branch

None

•240

Warren County (Unincorporated Areas)

Approximately 700 feet upstream of Airport Road

None

•278

Walkers Creek Tributary

At the confluence with Walkers Creek

None

•251

Warren County (Unincorporated Areas)

Approximately 0.7 mile upstream of the confluence with Walkers Creek

None

•267

Warren County (Unincorporated Areas)

Maps available for inspection at the Warren County Planning and Zoning Office, 720 West Ridgeway Street, Warrenton, North Carolina.

Send comments to Ms. Loria Williams, Warren County Manager, 105 South Front Street, Warrenton, North Carolina 27589.

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

Dated: April 23, 2003.

Anthony S. Lowe,

Mitigation Division Director, Emergency Preparedness and Response Directorate.

[FR Doc. 03-10489 Filed 4-28-03; 8:45 am]

BILLING CODE 6718-04-P