# Proposed Flood Elevation Determinations > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3AE6-2692 ## Record - **Collection:** Federal Register - **Document type:** Proposed Rule - **Published:** February 27, 2006 - **Citation:** 71 FR 9752 ## Text DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket No. FEMA-D-7646] Proposed Flood Elevation Determinations AGENCY: Federal Emergency Management Agency (FEMA), Department of Homeland Security, Mitigation Division. 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, 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 elevations 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 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 13132, Federalism. This rule involves no policies that have federalism implications under Executive Order 13132. Executive Order 12988, Civil Justice Reform. This rule meets the applicable standards of Executive Order 12988. 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 Alamance County Back Creek At the confluence with West Black Creek and Michaels Branch None •576 Alamance County (Unincorporated Areas). At the Guilford County/Town of Gibsonville jurisdictional boundary None •616 City of Burlington, Town of Gibsonville. Back Creek Tributary 2 At the confluence with Back Creek None •589 Alamance County (Unincorporated Areas). Approximately 0.7 mile upstream of the Alamance/Guilford County boundary None •667 City of Burlington, Town of Gibsonville. Buttermilk Creek Tributary 1 At the confluence with Buttermilk Creek None •601 Alamance County (Unincorporated Areas). Approximately 1.1 miles upstream of the confluence with Buttermilk Creek None •713 Buttermilk Creek Tributary 2 At the confluence with Buttermilk Creek None •621 Alamance County (Unincorporated Areas). Approximately 1,000 feet upstream of the confluence with Buttermilk Creek Tributary 3 None •708 Buttermilk Creek Tributary 3 At the confluence with Buttermilk Creek Tributary 2 None •694 Alamance County (Unincorporated Areas). Approximately 1,500 feet upstream of the confluence with Buttermilk Creek Tributary 2 None •709 Cane Creek (South) Tributary 2 At the confluence with Cane Creek (South) Tributary 1 None •586 Alamance County (Unincorporated Areas). Approximately 0.7 mile upstream of Old Dam Road None •595 Cane Creek (North) Tributary 4 At the confluence with Cane Creek (North) None 429 Alamance County (Unincorporated Areas). Approximately 3,000 feet upstream from the confluence with Cane Creek (North) None •456 Deep Creek At the confluence with Stony Creek •542 •543 Alamance County (Unincorporated Areas). Approximately 2,800 feet upstream of Jefferies Cross Road None •698 Dry Creek Approximately 320 feet upstream of Power Line Road None •630 Alamance County (Unincorporated Areas), Town of Elon. Approximately 0.7 mile upstream of Power Line Road None •656 Gunn Creek Approximately 150 feet downstream of Mill Pointe Way None •638 Alamance County (Unincorporated Areas), City of Burlington. Approximately 0.8 mile upstream of Mill Pointe Way None •684 Haw River Tributary 3 Approximately 1,600 feet upstream of the confluence with Haw River None •437 Alamance County (Unincorporated Areas). Approximately 0.6 mile upstream of Austin Quarter Road None •609 Haw River Tributary 5 At the confluence with Haw River Tributary 4 None •472 Alamance County (Unincorporated Areas). Approximately 400 feet upstream from John Thompson Road None •553 Haw River Tributary 8 At the confluence with Haw River •557 •558 Alamance County (Unincorporated Areas). Approximately 2,250 feet upstream of Atwater Road None •649 Haw River Tributary 14 Approximately 0.4 mile upstream with the confluence of Haw River None •620 Alamance County (Unincorporated Areas). Approximately 0.6 mile upstream of Gilliam Church Road None •696 Little Creek Tributary 1 At the confluence with Little Creek None •552 Alamance County (Unincorporated Areas). Approximately 0.7 mile upstream of the confluence with Little Creek None •591 Little Creek Tributary 2 At the confluence with Little Creek None •570 Alamance County (Unincorporated Areas). Approximately 0.5 mile upstream of Vernon Lane None •652 Motes Creek Approximately 500 feet upstream of the confluence with Haw River None •441 Alamance County (Unincorporated Areas). Approximately 100 feet upstream of NC Highway 54 None •569 Poppaw Creek Tributary 1 At the confluence with Poppaw Creek None •612 Alamance County (Unincorporated Areas). Approximately 100 feet upstream of Timber Ridge Lake Road None •647 Quaker Creek Tributary 2 At the confluence with Quaker Creek None •612 Alamance County (Unincorporated Areas). Approximately 0.9 mile upstream of Tangle Ridge Trail None •673 Rock Creek Tributary At the confluence with Rick Creek None •560 Alamance County (Unincorporated Areas). Approximately 1.3 miles upstream of NC Highway 49 None •594 Servis Creek Approximately 1,600 feet downstream of Burch Bridge Road None •611 Alamance County (Unincorporated Areas), City of Burlington. Approximately 500 feet upstream of Cadiz Street None •665 Staley Creek Approximately 100 feet upstream of Rauhut Street None •594 Alamance County (Unincorporated Areas), City of Burlington. Approximately 200 feet upstream of Chestnut Street None •664 Travis Creek Approximately 1,100 feet upstream of the confluence with Tributary A to Travis Creek None •618 Alamance County (Unincorporated Areas), Town of Gibsonville. At the Alamance/Guilford County boundary None •618 Alamance County (Unincorporated Areas) Maps available for inspection at the Alamance County Annex Building, Planning Department, 124 West Elm Street, Graham, North Carolina. Send comments to Mr. David I. Smith, Alamance County Manager, 124 West Elm Street, Graham, North Carolina 27253. Burlington (City of) Maps are available for inspection at the Burlington City Hall, Engineering Department, 425 South Lexington Avenue, Burlington, North Carolina. Send comments to Mr. Harold Owen, Burlington City Manager, P.O. Box 1358, Burlington, North Carolina 27216. Elon (Town of) Maps available for inspection at the Elon Town Hall, 104 South Williamson Avenue, Elon, North Carolina. Send comments to Mr. Michael Dula, Elon Town Manager, P.O. Box 595, Elon, North Carolina 27244. Gibsonville (Town of) Maps are available for inspection at the Town of Gibsonville Planning Department, 129 West Main Street, Gibsonville, North Carolina. Send comments to Mr. Deleno Flynn, Gibsonville Town Manager, 129 West Main Street, Gibsonville, North Carolina 27249. NORTH CAROLINA Chatham County Brooks Creek Approximately 2.2 miles upstream of the confluence with Haw River None •383 Chatham County (Unincorporated Areas). Approximately 0.6 mile upstream of Old Graham Road None •444 Crooked Creek At the confluence with B. Everett Jordan Lake None •238 Chatham County (Unincorporated Areas). At the Chatham and Durham County boundary None •239 Harlands Creek At the confluence with Rocky River None •331 Chatham County (Unincorporated Areas), Town of Pittsboro. Approximately 800 feet upstream of U.S. 64 None •428 Harris Reservoir For its entire shoreline None •232 Chatham County (Unincorporated Areas). Little Brush Creek At the Chatham and Randolph County boundary None •454 Chatham County (Unincorporated Areas), Town of Siler City. Approximately 1.6 miles upstream of Jim Paige Road None •543 Nancy Branch At the confluence with Panther Creek None •238 Chatham County (Unincorporated Areas). Approximately 0.4 mile upstream of the confluence with Panther Creek None •239 Panther Creek At the confluence with Northeast Creek None •238 Chatham County (Unincorporated Areas). Approximately 0.6 mile upstream of the confluence with Morris Branch None •244 Chatham County (Unincorporated Areas) Maps available for inspection at the Chatham County Planning Department, 80-A East Street, Pittsboro, North Carolina. Send comments to Mr. Charlie Horne, Chatham County Manager, P.O. Box 87, Pittsboro, North Carolina 27312. Town of Pittsboro Maps available for inspection at the Pittsboro Town Planning Office, Town Hall, 635 East Street, Pittsboro, North Carolina. Send comments to The Honorable Nancy May, Mayor of the Town of Pittsboro, P.O. Box 759, Pittsboro, North Carolina 27312. Town of Siler City Maps available for inspection at the Siler City Zoning Office, Town Hall, 311 North Second Avenue, Room 301, Siler City, North Carolina. Send comments to Mr. Joel Brower, Town of Siler City Town Manager, P.O. Box 769, Siler City, North Carolina 27344. NORTH CAROLINA Lee County Big Branch At the Lee/Moore County boundary None •296 Lee County (Unincorporated Areas). Approximately 0.6 mile upstream of the Lee/Moore County boundary None •304 Big Buffalo Creek Tributary 1 At the confluence with Big Buffalo Creek •252 •253 Lee County (Unincorporated Areas), City of Sanford. Approximately 0.5 mile upstream of Valley Road None •297 Big Governors Creek At the confluence with Deep River None •257 Lee County (Unincorporated Areas). At the confluence of Little Governors Creek None •257 Bush Creek Tributary 1 At the confluence with Bush Creek None •170 Lee County (Unincorporated Areas). Approximately 1,000 feet upstream of Poplar Springs Church Road None •239 Deep River Tributary 1 At the confluence with Deep River None •227 Lee County (Unincorporated Areas), City of Sanford. Approximately 1.4 miles upstream of the confluence of Deep River Tributary 3 None •237 Gasters Creek West At the confluence with Upper Little River None •312 Lee County (Unincorporated Areas), City of Sanford. Approximately 0.4 mile upstream of Minter School Road None •401 Kendale Creek Approximately 1,400 feet upstream of Hiawatha Trail None •352 Lee County (Unincorporated Areas), City of Sanford. Approximately 2,000 feet upstream of Hiawatha Trail None •353 Lick Creek Tributary 2 At the confluence with Lick Creek None •239 Lee County (Unincorporated Areas), City of Sanford. Approximately 1.6 miles upstream of the confluence with Lick Creek None •325 Patterson Creek At the confluence with Deep River None •236 Lee County (Unincorporated Areas), City of Sanford. Approximately 1,600 feet upstream of Wicker Street None •391 Lee County (Unincorporated Areas) Maps available for inspection at the Lee County Planning Department, 900 Woodland Avenue, Sanford, North Carolina. Send comments to Mr. David Smitherman, Lee County Manager, P.O. Box 1968, Sanford, North Carolina 27331. Sanford (City of) Maps are available for inspection at the City of Sanford Planning Department, 900 Woodland Avenue, Sanford, North Carolina. Send comments to the Honorable Cornelia Olive, Mayor of the City of Sanford, P.O. Box 3729, Sanford, North Carolina 27331-3729. NORTH CAROLINA Moore County Aberdeen Creek Tributary 1 At Plantation Drive None •385 Moore County (Unincorporated Areas), Town of Southern Pines. Approximately 0.7 mile upstream of Plantation Drive None •470 Aberdeen Creek Tributary 4 At the confluence with Aberdeen Creek None •418 Town of Southern Pines. Approximately 1,175 feet upstream of the confluence with Aberdeen Creek None •436 Bear Creek At the confluence with Deep River None •320 Moore County (Unincorporated Areas), Town of Robbins. Approximately 100 feet downstream of Adams Road None •461 Big Governors Creek At the confluence with Deep Creek None •257 Moore County (Unincorporated Areas). At the confluence with Big Governors Creek Tributary None •304 Crane Creek At the confluence with Little River •203 •194 Moore County (Unincorporated Areas), Town of Carthage, Town of Vass. Approximately 500 feet upstream of State Highway 24 None •369 Crawley Creek At the confluence with Big Governors Creek None •257 Moore County (Unincorporated Areas). Approximately 800 feet upstream of Old River Road None •318 Deep River At the Moore/Chatham County boundary None •250 Moore County (Unincorporated Areas). At the Moore/Randolph County boundary None •352 Drowning Creek At the Moore/Hoke County boundary None •268 Moore County (Unincorporated Areas), Village of Foxfire. Approximately 400 feet downstream of Purdue Road None •672 Horse Creek At the confluence Pinehurst Lake None •413 Village of Pinehurst. Approximately 2,000 feet upstream of Burningtree Road None •448 Horse Creek Tributary 3 At the confluence with Horse Creek None •345 Village of Pinehurst, Moore County (Unincorporated Areas). Approximately 1.1 miles upstream of the confluence with Horse Creek None •395 Horse Creek Tributary 5 At the confluence with Pinehurst Lake None •413 Village of Pinehurst. Approximately 2,000 feet upstream from the confluence with Pinehurst Lake None •436 Jackson Creek At the confluence with Drowning Creek None •369 Moore County (Unincorporated Areas). Approximately 1,975 feet upstream of Currie Mill Road None •437 Jackson Creek Tributary 1 At the confluence with Jackson Creek None •372 Moore County (Unincorporated Areas), Village of Foxfire. Approximately 0.6 mile upstream of the confluence of Tributary to Jackson Creek Tributary 1 None •394 Juniper Branch Tributary At the confluence with Juniper Branch None •344 Moore County (Unincorporated Areas), Town of Southern Pines. Approximately 1.0 mile upstream of the confluence with Juniper Branch None •401 Line Creek At the confluence with Deep River None •250 Moore County (Unincorporated Areas). Approximately 0.5 mile upstream of Alston House Road None •250 Little Crane Creek Tributary At the confluence with Little Crane Creek None •304 Moore County (Unincorporated Areas), Town of Cameron. At the Moore/Lee County boundary None •317 Little Governors Creek At the confluence with Big Governors Creek None •257 Moore County (Unincorporated Areas). Approximately 8.3 miles upstream of the confluence with Big Governors Creek None •360 McCallum Branch At the confluence with Aberdeen Creek None •340 Moore County (Unincorporated Areas), Town of Aberdeen, Village of Pinehurst. Approximately 0.4 mile upstream of the confluence with Aberdeen Creek None •340 McDeeds Creek At the confluence with Mill Creek (into Little River) None •276 Moore County (Unincorporated Areas), Town of Southern Pines. Approximately 100 feet upstream of West New Hampshire Avenue None •394 McIntosh Creek At the confluence with Big Governors Creek None •265 Moore County (Unincorporated Areas). Approximately 0.4 mile upstream of Old River Road None •376 Mill Creek (into James Creek) At the confluence with James Creek None •314 Moore County (Unincorporated Areas), Town of Southern Pines. Approximately 1.5 miles upstream of the confluence with James Creek None •364 Nicks Creek Approximately 1,250 feet upstream of the confluence with Little River •302 •303 Moore County (Unincorporated Areas), Towns of Carthage and Southern Pines, Villages of Pinehurst, and Whispering Pines. Approximately 2.3 miles upstream of Beulah Hill Church Road None •420 Tributary 1 to Horse Creek Tributary 5 At the confluence with Horse Creek Tributary 5 None •424 Village of Pinehurst. Approximately 0.5 mile upstream of the confluence with Horse Creek Tributary 5 None •450 Wads Creek Approximately 0.4 mile upstream of Little River Farm Boulevard None •325 Moore County (Unincorporated Areas), Town of Carthage. Approximately 0.6 mile upstream of Murdocksville Road None •404 Town of Aberdeen Maps available for inspection at the Aberdeen Planning Department, 115 North Poplar Street, Aberdeen, North Carolina. Send comments to The Honorable Betsy Mofield, Mayor of the Town of Aberdeen, P.O. Box 785, 115 North Poplar Street, Aberdeen, North Carolina 28315. Town of Cameron Maps available for inspection at the Cameron Town Clerk's Office, 247 Carter Street, Cameron, North Carolina. Send Comments to The Honorable George Womble, Mayor of the Town of Cameron, P.O. Box 248, Cameron, North Carolina 28326. Town of Carthage Maps available for inspection at the Carthage Town Clerk's Office, 4396 Highway 15-501, Carthage, North Carolina. Send Comments to Ms. Carol Cleetwood, Carthage Town Manager, 4396 Highway 15-501, Carthage, North Carolina 28327. Village of Foxfire Maps available for inspection at the Foxfire Village Zoning Department, 1 Town Hall Drive, Foxfire Village, North Carolina. Send comments to the Honorable Samuel Brandes, Mayor of the Village of Foxfire, 1 Town Hall Drive, Foxfire Village, North Carolina 27281. Moore County (Unincorporated Areas) Maps available for inspection at the Moore County Planning Office, 101A Monroe Street, Courthouse Square, Carthage, North Carolina. Send comments to Mr. Steve Wyatt, Moore County Manager, Courthouse Square, P.O. Box 905, Carthage, North Carolina 28327. Village of Pinehurst Maps available for inspection at the Village of Pinehurst Planning Office, 395 Magnolia Road, Pinehurst, North Carolina. Send comments to Mr. Andrew Wilkison, Pinehurst Village Manager, 395 Magnolia Road, Pinehurst, North Carolina 28374. Town of Robbins Maps available for inspection at the Robbins Town Hall, 101 North Middleton Street, Robbins, North Carolina. Send comments to Mr. Mickey Brown, Robbins Town Manager, 101 North Middleton Street, Robbins, North Carolina 27325. Town of Southern Pines Maps available for inspection at the Southern Pines Planning Department, 180 Southwest Broad Street, Southern Pines, North Carolina. Send comments to Ms. Reagan Parsons, Southern Pines Town Manager, 125 SE Broad Street, Southern Pines, North Carolina 28387. Town of Vass Maps available for inspection at the Vass Town Clerk's Office, 140 South Alma Street, Vass, North Carolina 28394. Send comments to The Honorable Henry Callahan, Jr., Mayor of the Town of Vass, P.O. Box 487, Vass, North Carolina 28394. Village of Whispering Pines Maps available for inspection at the Whispering Pines Village Hall, 10 Pine Ridge Drive, Whispering Pines, North Carolina. Send comments to The Honorable Giles Hopkins, Mayor of the Village of Whispering Pines, 10 Pine Ridge Drive, Whispering Pines, North Carolina 28327. NORTH CAROLINA Orange County Battle Branch At the confluence with Bolin Creek •260 •263 Town of Chapel Hill. Approximately 1.5 miles upstream of the confluence with Bolin Creek None •387 Cedar Fork At North Lakeshore Drive •307 •309 Town of Chapel Hill. Approximately 600 feet upstream of Kingston Drive None •554 Crow Branch At the confluence with Booker Creek None •400 Town of Chapel Hill. Approximately 0.5 mile upstream of dam None •500 Jones Creek Approximately 0.4 mile upstream of the confluence with Bolin Creek None •482 Town of Carrboro, Orange County (Unincorporated Areas). Approximately 0.6 mile upstream of Old NC 86 None •571 Little Creek At the Orange County/Durham County boundary •250 •249 Town of Chapel Hill. Approximately 1,000 feet downstream of the confluence with Booker Creek and Bolin Creek •254 •253 McGowan Creek Approximately 1,600 feet upstream of the confluence with Eno River •548 •549 Orange County (Unincorporated Areas). Approximately 300 feet upstream of Frazier Road None •690 Morgan Creek Approximately 2.7 miles downstream of the Orange County/Chatham County boundary None •238 Orange County (Unincorporated Areas), Town of Carrboro, Town of Chapel Hill. Approximately 50 feet downstream of Dairyland Road •560 •559 Mountain Creek Approximately 1,100 feet upstream of the confluence with New Hope Creek None •474 Orange County (Unincorporated Areas). Approximately 1.8 miles upstream of the confluence with New Hope Creek None •506 New Hope Creek Approximately 200 feet upstream of Old NC 86 None •497 Orange County (Unincorporated Areas). Approximately 1.5 miles upstream of Arthur Minnis Road None •529 Price Creek At the confluence with University Lake None •358 Orange County (Unincorporated Areas). Approximately 350 feet upstream of Damascus Church Road None •359 Rhodes Creek Approximately 850 feet upstream of Cornwallis Road None •449 Orange County (Unincorporated Areas). Approximately 1.2 miles upstream of Cornwallis Road None •507 Toms Creek Approximately 50 feet upstream of NC 54 None •418 Town of Carrboro. Approximately 700 feet upstream of Rainbow Drive None •468 Turkey Hill Creek At the confluence with Cane Creek None •511 Orange County (Unincorporated Areas). Approximately 0.8 mile upstream of Private Road None •610 University Lake (Price Creek) Entire shoreline within communities None •358 Orange County (Unincorporated Areas), Town of Carrboro. Town of Carrboro Maps available for inspection at the Town of Carrboro Planning Department, 301 West Main Street, Carrboro, North Carolina. Send comments to Mr. Steve Stewart, Carrboro Town Manager, 301 West Main Street, Carrboro, North Carolina 27510. Town of Chapel Hill Maps available for inspection at the Town of Chapel Hill Stormwater Management Program Office, 209 North Columbia Street, Chapel Hill, North Carolina. Send comments to The Honorable Kevin C. Foy, Mayor of the Town of Chapel Hill, Chapel Hill Town Hall, 405 Martin Luther King Jr. Boulevard, Chapel Hill, North Carolina 27514. Orange County (Unincorporated Areas) Maps available for inspection at the Orange County Planning and Inspections Department, 306F Revere Road, Hillsborough, North Carolina. Send comments to Mr. John M. Link, Jr., Orange County Manager, 200 South Cameron Street, Hillsborough, North Carolina 27278. (Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”) Dated: February 1, 2006. David I. Maurstad, Acting Director, Mitigation Division, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. E6-2692 Filed 2-24-06; 8:45 am] BILLING CODE 9110-12-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3AE6-2692. Public record. Not legal advice.