# Proposed Flood Elevation Determinations > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A04-23702 ## Record - **Collection:** Federal Register - **Document type:** Proposed Rule - **Published:** October 22, 2004 - **Citation:** 69 FR 62013 ## Text DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket No. FEMA-D-7606] Proposed Flood Elevation Determinations AGENCY: Federal Emergency Management Agency (FEMA), 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 (BFEs) and proposed BFE modifications for the communities listed below. The BFEs 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 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: Doug Bellomo, P.E., Hazard Identification Section, Emergency Preparedness and Response Directorate, FEMA, 500 C Street SW., Washington, DC 20472, (202) 646-2903. SUPPLEMENTARY INFORMATION: FEMA proposes to make determinations of BFEs and modified BFEs 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 BFEs, 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 BFEs are required by the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, 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 Madison County Big Cove Creek Approximately 0.4 mile upstream of the confluence with Flint River *600 *599 Madison County (Unincorporated Areas), City of Huntsville Approximately 0.9 mile upstream of Dug Hill Road None *688 Big Cove Creek Tributary At the confluence with Big Cove Creek None *656 Madison County (Unincorporated Areas), City of Huntsville Approximately 0.7 mile upstream of the confluence with Big Cove Creek None *679 Peevey Creek Approximately 1.2 miles upstream of the confluence with Robinson Mill Creek *607 *608 Madison County (Unincorporated Areas), City of Huntsville Approximately 2.2 miles upstream of the confluence with Robinson Mill Creek None *639 City of Huntsville Maps available for inspection at the City of Huntsville City Hall, 320 Fountain Circle, 2nd Floor, Huntsville, Alabama. Send comments to the Honorable Loretta Spencer, Mayor of the City of Huntsville, 308 Fountain Circle, Huntsville, Alabama 35805. Madison County (Unincorporated Areas) Maps available for inspection at the Madison County Engineering Department, 814 Cook Avenue, Huntsville, Alabama. Send comments to The Honorable Mike Gillespie, Chairman of Madison County, 100 North Side Square, Huntsville, Alabama 35801. ALABAMA Morgan County Bakers Creek Approximately 1,600 feet upstream of the confluence with the Tennessee River •559 •558 Morgan County (Unincorporated Areas), City of Decatur Approximately 100 feet downstream of West Morgan Road •620 •621 Tributary to Bakers Creek At the confluence with Bakers Creek •598 •595 Morgan County (Unincorporated Areas), City of Decatur Approximately 150 feet upstream of Cumberland Avenue Southwest None •611 Betty Rye Branch Approximately 0.8 mile upstream of the confluence with the Tennessee River •560 •559 Morgan County (Unincorporated Areas), City of Decatur Approximately 150 feet upstream of Bedford Drive Southwest •609 •607 Black Branch Just upstream of Point Mallard Drive (8th Street Southeast) •566 •562 Morgan County (Unincorporated Areas), City of Decatur Approximately 0.2 mile upstream of Regency Boulevard •567 •566 Brush Creek Approximately 650 feet downstream of Brookmead Road •561 •562 City of Decatur Approximately 0.2 mile upstream of Royal Drive •567 •568 Chapel Hill Branch Approximately 0.4 mile upstream of the confluence with West Flint Creek None •572 Morgan County (Unincorporated Areas), City of Decatur Approximately 2.0 miles upstream of the confluence with West Flint Creek None •594 Clark Spring Branch Approximately 800 feet upstream of the confluence with Brush Creek •567 •568 City of Decatur Approximately 400 feet upstream of Asheville Drive Southwest None •641 Clark Spring Branch Tributary At the confluence with Clark Spring Branch •588 •587 City of Decatur Approximately 300 feet upstream of Danville Park Drive Southwest None •613 Dry Branch Approximately 0.5 mile downstream of Washington Street •560 •559 Morgan County (Unincorporated Areas), City of Decatur Approximately 900 feet upstream of Runnymead Avenue Southwest •605 •604 North Dinsmore Just downstream of U.S. Highway 31 •563 •564 City of Decatur Approximately 100 feet upstream of Cedar Lake Road None •575 South Dinsmore Middle Tributary Approximately 50 feet downstream of U.S. Highway 31 •563 •564 Morgan County (Unincorporated Areas), City of Decatur Approximately 250 feet upstream of Spring Avenue None •610 South Dinsmore North Tributary At the confluence with South Dinsmore Middle Tributary None •567 City of Decatur Approximately 0.5 mile upstream of Lenwood Road None •570 South Dinsmore South Tributary At the confluence with South Dinsmore Middle Tributary None •571 Morgan County (Unincorporated Areas), City of Decatur Approximately 1,600 feet upstream of Central Avenue None •576 City of Decatur Maps available for inspection at the City of Decatur Building Department, 402 Lee Street Northeast, Fourth floor, Decatur, Alabama. Send comments to The Honorable Lynn C. Fowler, Mayor of the City of Decatur, P.O. Box 488, Decatur, Alabama 35602. Morgan County (Unincorporated Areas) Maps available for inspection at the Morgan County Engineering Department, 580 Shull Road, Northeast, Hartselle, Alabama. Send comments to The Honorable Larry Benrich, Chairman of the Morgan County Commission, P.O. Box 668, Decatur, Alabama 35601. NORTH CAROLINA Currituck County Moyock Run Approximately 100 feet upstream of South Mills Road (S.R. 1227) None •10 Currituck County (Unincorporated Areas) Approximately 1.1 miles upstream of South Mills Road (S.R. 1227) None •11 Atlantic Ocean At the Virginia State Boundary •12 •16 Currituck County (Unincorporated Areas) Approximately 500 feet west of the intersection of Spindrift Trail and Land Fall Court None •7 Currituck Sound Approximately 0.9 mile east of the intersection of Red Dog Lane and Highway 158 •7 •8 Currituck County (Unincorporated Areas) At the northeast corner of the intersection of Brabble Street and Highway 168 •5 •4 Currituck County (Unincorporated Areas) Maps available for inspection at the Currituck County Planning and Inspections Department, 153 Courthouse Road, Currituck, North Carolina. Send comments to Mr. Dan Scanlon, Currituck County Manager, 153 Courthouse Road, Currituck, North Carolina 27929-0039. NORTH CAROLINA Johnston County East Mingo Creek At the confluence with Mingo Swamp None •220 Town of Benson, Johnston County (Unincorporated Areas) Approximately 0.3 mile downstream of Dennig Road None •244 Mingo Swamp At the Johnston/Sampson county line None •172 Town of Benson, Johnston County (Unincorporated Areas) Approximately 0.7 mile upstream of Red Hill Church Road None •255 Mingo Swamp Tributary 2 At the Johnston Harnett county line None •205 Town of Benson, Johnston County (Unincorporated Areas) Approximately 400 feet upstream of Hodges Chapel Road None •244 Town of Benson Maps available for inspection at the Benson Town Hall, Zoning Department, 303 East Church Street, Benson, North Carolina. Send comments to The Honorable Don Johnson, Mayor of the Town of Benson, P.O. Box 69, Benson, North Carolina 27504. Johnston County (Unincorporated Areas) Maps available for inspection at the Johnston County Public Utilities Office, 309 East Market Street, Smithfield, North Carolina. Send comments to Mr. Rick Hester, Johnston County Manager, P.O. Box 1049, Smithfield, North Carolina 27577. NORTH CAROLINA Wayne County Buck Marsh Branch Approximately 0.2 mile downstream of Zion Church Road None •94 Wayne County (Unincorporated Areas) Approximately 0.3 mile upstream of James Price Road None •119 Cabin Branch Approximately 0.9 mile downstream of NC 111 South None •97 Wayne County (Unincorporated Areas) Approximately 0.9 mile upstream of Cornerstone Drive None •135 Horsepen Branch At confluence with Lewis Branch None •120 Wayne County (Unincorporated Areas) Approximately 450 feet upstream of Emmaus Church Road None •155 Jones Branch Approximately 0.4 mile downstream of Mark Herring Road None •101 Wayne County (Unincorporated Areas) Approximately 1.0 mile upstream of Mark Herring Road None •133 Jumping Run Branch Approximately 0.3 mile downstream of NC Highway 55 None •110 Wayne County (Unincorporated Areas) Approximately 0.8 mile upstream of NC Highway 55 None •127 Lewis Branch Just upstream of NC Highway 55 None •106 Wayne County (Unincorporated Areas) Approximately 1.4 miles upstream of the confluence of Horsepen Branch None •137 Unincorporated Areas of Wayne County Maps available for inspection at the Wayne County Planning Department, 224 East Walnut Street, Goldsboro, North Carolina. Send comments to Mr. Lee Smith, Wayne County Manager, P.O. Box 227, Goldsboro, North Carolina 27533-0227. NORTH CAROLINA Town of Smithfield, Johnston County Spring Branch At the upstream side of East Second Street •129 •128 Town of Smithfield Approximately 265 feet upstream of Collier Street •143 •144 Town of Smithfield Maps available for inspection at the Smithfield Town Hall, 350 East Market Street, Smithfield, North Carolina. Send comments to The Honorable Bill Jordan, Mayor of the Town of Smithfield, P.O. Box 761, Smithfield, North Carolina 27577. PENNSYLVANIA Township of Manheim, Lancaster County Landis Run Approximately 1,000 feet downstream of New Holland Pike •278 •279 Township of Manheim Approximately 150 feet downstream of Butter Road •305 •306 Maps available for inspection at the Manheim Township Office, 1840 Municipal Drive, Lancaster, Pennsylvania. Send comments to Mr. James Martin, Manager of the Township of Manheim, 1840 Municipal Drive, Lancaster, Pennsylvania 17601-4162. (Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”) Dated: October 18, 2004. David I. Maurstad, Acting Director, Mitigation Division, Emergency Preparedness and Response Directorate. [FR Doc. 04-23702 Filed 10-21-04; 8:45 am] BILLING CODE 9110-12-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A04-23702. Public record. Not legal advice.