# Proposed Flood Elevation Determinations > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3AE6-3426 ## Record - **Collection:** Federal Register - **Document type:** Proposed Rule - **Published:** March 10, 2006 - **Citation:** 71 FR 12324 ## Text DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket No. FEMA-D-7640] Proposed Flood Elevation Determinations AGENCY: Federal Emergency Management Agency (FEMA), 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, 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 Harnett County Anderson Creek At the confluence with Lower Little River None •103 Unincorported Areas of Harnett County. At the confluence with North Prong Anderson Creek and South Prong Anderson Creek None •137 Tributary 1 At the confluence with Anderson Creek None •129 Unincorporated Areas of Harnett County. Approximately 0.7 mile upstream of Elliott Bridge Road None •136 Avents Creek Approximately 0.7 mile upstream of the confluence with Cape Fear River •142 •141 Unincorporated Areas of Harnett County. Approximately 0.8 mile upstream of Oakridge River Road None •235 Barbeque Creek At the confluence with Upper Little River None •193 Unincorporated Areas of Harnett County. Approximately 520 feet upstream of NC State Route 27 None •280 Beaver Creek At the Moore/Lee/Harnett County boundary None •309 Unincorporated Areas of Harnett County. Approximately 1.3 miles upstream of the Harnett/Moore County boundary None •409 Big Branch (into Barbeque Creek) At the confluence with Barbeque Creek None •214 Unincorporated Areas of Harnett County. Approximately 0.5 mile upstream of McCormick Road None •252 Big Branch (into Black River) At the confluence with Black River None •206 Unincorporated Areas of Harnett County. Approximately 0.8 mile upstream of Johnson Road None •219 Black River At the Harnett/Cumberland County boundary None •139 Unincorporated Areas of Harnett County, City of Dunn, Town of Angier. Approximately 2.1 miles upstream of Guy Road None •260 Buffalo Creek At the Harnett/Moore County boundary None •218 Unincorporated Areas of Harnett County. At the confluence with Duncan Creek None •251 Tributary 2 At the confluence with Buffalo Creek None •220 Unincorporated Areas of Harnett County. Approximately 2.6 miles upstream of Hillmon Grove Road None •276 Tributary 3 At the confluence with Buffalo Creek None •239 Unincorporated Areas of Harnett County. Approximately 1.4 miles upstream of the confluence with Buffalo Creek None •292 Buffalo Meadows Creek At the confluence with Anderson Creek None •120 Unincorporated Areas of Harnett County. Approximately 1.3 miles upstream of the confluence with Anderson Creek None •140 Buies Creek At the upstream side of Sheriff Johnson Road None •176 Unincorporated Areas of Harnett County. Approximately 0.8 mile upstream of Sheriff Johnson Road None •184 Camels Creek Approximately 1.1 miles upstream of the confluence with Cape Fear River •142 •143 Unincorporated Areas of Harnett County. Approximately 0.9 mile upstream of Cool Springs Road None •245 Cedar Creek Approximately 0.8 mile upstream of the confluence with Cape Fear River None •198 Approximately 2.9 miles upstream of the confluence with Cape Fear River None •198 Cypress Creek (into Crane Creek) At the Moore/Harnett County boundary None •228 Unincorporated Areas of Harnett County. Approximately 1.8 miles upstream of Cypress Road None •265 Cypress Creek (into Gum Swamp) At the confluence with Gum Swamp None •239 Unincorporated Areas of Harnett County. Approximately 1.5 miles upstream of the confluence with Lower Run None •307 Daniels Creek Approximately 0.9 mile upstream of the confluence with Cape Fear River None •148 Unincorporated Areas of Harnett County. Approximately 5.8 miles upstream of the confluence with Cape Fear River None •244 Dry Creek At the confluence with Gum Swamp None •232 Unincorporated Areas of Harnett County. Approximately 1.1 miles upstream of the confluence with Gum Swamp None •249 Duncans Creek At the confluence with Buffalo Creek None •251 Unincorporated Areas of Harnett County. At the confluence with Duncans Creek Tributary 1 None •265 Tributary 1 At the confluence with Duncans Creek None •265 Unincorporated Areas of Harnett County. Approximately 0.4 mile upstream of the confluence with Duncans Creek None •274 East Buies Creek Approximately 100 feet upstream Sheriff Johnson Road None •196 Unincorporated Areas of Harnett County. Approximately 1.2 miles upstream of Sheriff Johnson Road None •205 Gum Swamp At the confluence with Barbeque Creek None •222 Unincorporated Areas of Harnett County. Approximately 0.8 mile upstream of Ponderosa Road None •281 Hector Creek (into Cape Fear River) At the downstream side of Christian Light •135 •136 Unincorporated Areas of Harnett County. Approximately 1,200 feet downstream of Rawls Church Road None •240 Hector Creek (into Little River) At the Harnett/Cumberland/Moore County boundary None •193 Unincorporated Areas of Harnett County. Approximately 1.6 miles upstream of the Harnett/Cumberland/Moore County boundary None •226 Jumping Run Creek Approximately 1.8 miles downstream of the Harnett/Cumberland County boundary None •141 Unincorporated Areas of Harnett County. At the Reedy Swamp/McLeod Creek confluences None •194 Jumping Run Creek Tributary 1 At the confluence with Jumping Run Creek None •177 Unincorporated Areas of Harnett County. Approximately 0.2 mile upstream of the confluence with Jumping Run Creek Tributary 2 None •199 Tributary 2 At the confluence with Jumping Run Creek Tributary 1 None •193 Unincorporated Areas of Harnett County. Approximately 400 feet upstream of the confluence with Jumping Run Creek Tributary 1 None •195 Juniper Creek (into Black River Tributary 1) At the confluence with Juniper Creek (into Black River) None •191 Unincorporated Areas of Harnett County, City of Dunn. Approximately 0.5 mile upstream of the confluence with Juniper Creek (into Black River) None •197 Juniper Creek (into Black River) Approximately 600 feet upstream of the confluence with Black River None •159 Unincorporated Areas of Harnett County, City of Dunn. Approximately 340 feet upstream of Friendly Road None •213 Kates Creek At the confluence with North Prong Anderson Creek None •155 Unincorporated Areas of Harnett County. Approximately 0.4 mile upstream of Elliott Bridge Road None •172 Kenneth Creek At the confluence with Neals Creek None •202 Unincorporated Areas of Harnett County. At the Wake/Harnett County boundary None •256 Lower-Little River Approximately 1.1 miles upstream of Mill Road None •103 Unincorporated Areas of Harnett County. Approximately 750 feet downstream of McCormick Bridge Road (At the Harnett/Cumberland County boundary) None •135 Lower Run At the confluence with Cypress Creek (into Gum Swamp None •272 Unincorporated Areas of Harnett County. Approximately 0.9 mile upstream of the confluence with Cypress Creek (into Gum Swamp) None •338 McDougald Branch At the confluence with Cypress Creek (into Crane Creek) None •234 Unincorporated Areas of Harnett County. At the confluence with McDougald Branch Tributary 1 None •249 Tributary 1 At the confluence with McDougald Branch None •249 Unincorporated Areas of Harnett County. Approximately 0.5 mile upstream of the confluence with McDougald Branch None •274 McLeans Creek At the confluence with Upper Little River None •136 Unincorporated Areas of Harnett County. Approximately 800 feet downstream of Thompson Road None •154 McLeod Creek At the confluence with Jumping Run Creek and Reedy Swamp None •194 Unincorporated Areas of Harnett County. Approximately 2.8 miles upstream of the confluence with Jumping Run Creek and Reedy Swamp None •247 Mill Creek At the confluence with Avents Creek None •152 Unincorporated Areas of Harnett County. Approximately 0.8 mile upstream of the confluence with Avents Creek None •183 Mingo Swamp At the Cumberland/Sampson/Harnett County boundary None •134 Unincorporated Areas of Harnett County. Approximately 0.7 mile upstream of Red Hill Church Road None •255 Mingo Swamp At the confluence with Mingo Swamp None •179 Unincorporated Areas of Harnett County. Approximately 500 feet upstream of I-95 None •234 Mire Branch At the confluence with Barbeque Creek None •249 Unincorporated Areas of Harnett County. Approximately 0.7 mile upstream of NC State Route 87 None •279 Muddy Creek At the Cumberland/Harnett County boundary None •175 Unincorporated Areas of Harnett County. Approximately 2.3 miles upstream of the confluence with Muddy Creek Tributary 3 None •244 Tributary 1 At the confluence with Muddy Creek None •186 Unincorporated Areas of Harnett County. Approximately 1.2 miles upstream of the confluence with Muddy Creek None •222 Tributary 2 At the confluence with Muddy Creek None •199 Unincorporated Areas of Harnett County. Approximately 1.4 miles upstream of the confluence with Muddy Creek None •222 Tributary 3 At the confluence with Muddy Creek None •207 Unincorporated Areas of Harnett County. Approximately 1.0 mile upstream of the confluence with Muddy Creek None •250 Neals Creek At the downstream side of Route 401 •131 •130 Unincorporated Areas of Harnett County. At the Wake/Harnett County boundary None •264 Tributary 1 At the confluence with Neals Creek None •221 Unincorporated Areas of Harnett County. Approximately 0.4 mile upstream of Chalybeate Springs Road None •242 North Prong Anderson Creek At the confluence with Anderson Creek and South Prong Anderson Creek None •137 Unincorporated Areas of Harnett County. Approximately 0.9 mile upstream of Powell Farm Road None •225 Tributary 1 At the confluence with North Prong Anderson Creek None •152 Unincorporated Areas of Harnett County. Approximately 0.6 mile upstream of the confluence with North Prong Anderson Creek None •158 Parker Creek Approximately 0.3 miles upstream of the confluence with Cape Fear River None •151 Unincorporated Areas of Hartnett County. Approximately 3.9 miles upstream of the confluence with Cape Fear River None •237 Reedy Branch At the confluence with Cypress Creek (into Crane Creek) None •237 Unincorporated Areas of Harnett County. Approximately 1.8 miles upstream of Cypress Road None •282 Reedy Swamp At the confluence with Jumping Run Creek and McLeod Creek None •194 Unincorporated Areas of Harnett County. Approximately 300 feet downstream of Buffalo Lake Road None •302 South Prong Anderson Creek At the confluence with Anderson Creek None •137 Unincorporated Areas of Harnett County. Approximately 0.7 mile upstream of Bernard Street None •187 Tributary 1 At the confluence with South Prong Anderson Creek None •156 Unincorporated Areas of Harnett County. Approximately 1.0 mile upstream of the confluence with South Prong Anderson Creek None •168 Stewarts Creek Approximately 100 feet upstream of Ashe Avenue None •163 Unincorporated Areas of Harnett County. Approximately 1.4 miles upstream of Ashe Avenue None •183 Tributary 1 At the confluence with Stewarts Creek None •166 Unincorporated Areas of Harnett County. Approximately 0.4 mile upstream of Daniels Road None •184 Stony Run Tributary #1 Approximately 500 feet upstream of the confluence with Stony Run None •190 Unincorporated Areas of Harnett County. Approximately 0.9 mile upstream of the confluence with Stony Run None •198 Tributary 1 At the confluence with Little River None •134 Unincorporated Areas of Harnett County. Approximately 0.3 mile upstream of Rambeaut Road None •170 Tributary 2 Approximately 800 feet downstream of Rambeaut Road None •175 Unincorporated Areas of Harnett County. Approximately 100 feet downstream of Rambeaut Road None •181 Upper Little River Approximately 300 feet upstream of the confluence with Cape Fear River None •190 Unincorporated Areas of Harnett County. At the Lee/Harnett County boundary None •240 Walkers Creek At the confluence with Upper Little River None •157 Unincorporated Areas of Harnett County. Approximately 340 feet upstream of Tim Currin Road None •201 West Buies Creek Approximately 1,000 feet upstream of East Cornelius Harnett Boulevard None •155 Unincorporated Areas of Harnett County. Approximately 1.6 miles upstream of Sheriff Johnson Road None •216 City of Dunn Maps are available for inspection at the Dunn Town Hall, 401 East Broad Street, Dunn, North Carolina. Send comments to The Honorable John Snipes, Mayor of the City of Dunn, P.O. Box 1065, Dunn, North Carolina 28335. Town of Angier Maps are available for inspection at the Angier Town Hall, 55 North Broad West, Angier, North Carolina. Send comments to The Honorable Wanda Gregory, Mayor of the Town of Angier, P.O. Box 278, Angier, North Carolina 27501-0278. Unincorporated Areas of Harnett County Maps are available for inspection at the Harnett County Planning Department, 102 East Front Street, Lillington, North Carolina. Send comments to Mr. Neil Emory, Harnett County Manager, P.O. Box 759, Lillington, North Carolina 27546. Orange County Cates Creek Approximately 1,800 feet upstream of the confluence with Eno River •500 •499 Town of Hillsborough, Orange County (Unincorporated Areas). Approximately 0.8 mile upstream of U.S. Highway 40 None •660 Tributary At the confluence with Cates Creek •596 •595 Town of Hillsborough, Orange County (Unincorporated Areas). Approximately 0.5 mile upstream of Oak Ridge Drive None •664 Crabtree Creek At the confluence with Sevenmile Creek None •539 Orange County (Unincorporated Areas). Approximately 1.8 miles upstream of the confluence with Sevenmile Creek None •602 Dry Creek Approximately 250 feet upstream of the confluence with Eno River None •552 Orange County (Unincorporated Areas). Approximately 0.9 mile upstream of the confluence with Eno River None •589 East Fork Eno River Approximately 215 feet upstream of NC 1352 None •628 Orange County (Unincorporated Areas). Approximately 100 feet downstream of NC 86 None •668 Tributary 1 Approximately 0.3 mile upstream of the confluence with East Fork Eno River None •595 Orange County (Unincorporated Areas). Approximately 1.1 miles upstream of the confluence with East Fork Eno River None •627 Tributary 2 Approximately 0.5 mile upstream of the confluence with East Fork Eno River None •618 Orange County (Unincorporated Areas). Approximately 0.5 mile upstream of NC 1352 None •655 Forrest Creek Approximately 200 feet upstream of NC 57 None •595 Orange County (Unincorporated Areas). Approximately 125 feet upstream of Phelps Road None •644 High Rock Creek Approximately 500 feet upstream of the confluence with Eno River None •561 Orange County (Unincorporated Areas). Approximately 1,500 feet upstream of North Efland Cedar Grove Road None •640 Lick Creek Approximately 750 feet downstream of Gray Road None •545 Orange County (Unincorporated Areas). Approximately 1,600 feet upstream of Holly Ridge Road None •576 McGowan Creek At North Lloyds Dairy Road •569 •567 Orange County (Unincorporated Areas). Approximately 300 feet upstream of Frazier Road None •690 Little River North Fork Approximately 280 feet upstream of NC 57 None •580 Orange County (Unincorporated Areas). Approximately 1,350 feet upstream of Hester Road None •671 Tributary 2 At the confluence with Little River North Fork None •591 Orange County (Unincorporated Areas). Approximately 1.1 miles upstream of Gates Road None •607 Tributary 3 At the confluence with Little River North Fork None •544 Orange County (Unincorporated Areas). Approximately 0.7 mile upstream of Sneed Road None •564 Rays Creek At the confluence with Little River South Fork None •593 Orange County (Unincorporated Areas). Approximately 1.1 miles upstream of Wilkerson Road None •632 Rays Creek Tributary At the confluence with Rays Creek None •607 Orange County (Unincorporated Areas). Approximately 1.0 mile upstream of Wilkerson Road None •628 Rhodes Creek Approximately 650 feet upstream of Cornwallis Road None •448 Orange County (Unincorporated Areas). Approximately 1.2 miles upstream of Cornwallis Road None •507 Sevenmile Creek Approximately 350 feet upstream of Interstate 85 None •533 Orange County (Unincorporated Areas). Approximately 0.9 mile upstream of Pender Drive None •622 Tributary 1 At the confluence with Sevenmile Creek None •539 Orange County (Unincorporated Areas). Approximately 1.5 miles upstream of the confluence with Sevenmile Creek None •598 Tributary 2 At the confluence with Sevenmile Creek None •591 Orange County (Unincorporated Areas). Approximately 1,350 feet upstream of Bushy Cook Road None •642 Little River South Fork Approximately 200 feet upstream of NC 57 None •552 Orange County (Unincorporated Areas). Approximately 60 feet upstream of Hawkins Road None •637 Strouds Creek Approximately 600 feet upstream of the confluence with Eno River •486 •485 Orange County (Unincorporated Areas). Approximately 2,000 feet upstream of NC 86 None •660 Tributary 1 Approximately 1,760 feet downstream of NC 57 None •590 Orange County (Unincorporated Areas). Approximately 1,080 feet upstream of Phelps Road None •661 Tributary 2 At the confluence with Strouds Creek •520 •519 Orange County (Unincorporated Areas). Approximately 0.7 mile upstream of Miller Road None •575 Tributary 3 At the confluence with Strouds Creek None •551 Town of Hillsborough, Orange County (Unincorporated Areas). Approximately 0.5 mile upstream of NC 57 None •639 Tributary 1 to Sevenmile Creek At the confluence with Sevenmile Creek Tributary 2 None •627 Orange County (Unincorporated Areas). Tributary 2 Approximately 950 feet upstream of Bushy Cook Road None •631 West Fork Eno River Approximately 200 feet upstream of Efland Cedar Grove Road None •592 Orange County (Unincorporated Areas). Approximately 350 feet upstream of McDade Store Road None •672 Tributary 1 Approximately 600 feet upstream of the confluence with Eno River None •579 Orange County (Unincorporated Areas). Approximately 0.5 mile upstream of Harmony Church Road None •650 Tributary 2 At the confluence with West Fork Eno River None •595 Orange County (Unincorporated Areas). Approximately 1,500 feet upstream of Governor Scott Road None •623 Tributary 3 At the confluence with West Fork Eno River None •643 Orange County (Unincorporated Areas). Approximately 1.7 miles upstream of the confluence with West Fork Eno River None •681 Town of Hillsborough Maps available for inspection at the Hillsborough Town Hall, 101 East Orange Street, Hillsborough, North Carolina. Send comments to The Honorable Joe Phelps, Mayor of the Town of Hillsborough, P.O. Box 429, Hillsborough, North Carolina 27278. 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, P.O. Box 8181, Hillsborough, North Carolina 27278. Washington County Conaby Creek Approximately 1.4 miles upstream of Roosevelt Avenue None •24 Unincorporated Areas of Washington County. Approximately 1.6 miles upstream of Roosevelt Avenue None •28 Conaby Creek Tributary At the upstream side of Route 32 None •25 Unincorporated Areas of Washington County. Approximately 0.7 mile upstream of Askew Lane None •31 Tributary 1 Approximately 400 feet downstream of Shelly Drive None •10 Unincorporated Areas of Washington County, Town of Plymouth. Approximately 0.8 mile upstream of Roxie Reese Road None •18 Tributary 1A Approximately 850 feet upstream of the confluence with Conaby Creek Tributary 1 None •10 Unincorporated Areas of Washington County, Town of Plymouth. Approximately 1.4 miles upstream of the confluence with Conaby Creek Tributary 1 None •11 Tributary to Conaby Creek Tributary Just upstream of Garrett Island Road None •14 Unincorporated Areas of Washington County, Town of Plymouth. Approximately 0.5 mile upstream of Garrett Island Road None •14 Welch Creek Approximately 4.7 miles upstream of the confluence with Roanoke River None •8 Unincorporated Areas of Washington County. Approximately 2.3 miles upstream of the confluence with Welch Creek Tributary 2 None •13 Welch Creek Tributary At the upstream of Long Ridge Road None •20 Unincorporated Areas of Washington County. Approximately 0.4 mile upstream of Long Ridge Road None •22 Tributary 2 At the confluence with Welch Creek None •8 Unincorporated Areas of Washington County. Approximately 0.8 mile upstream of the confluence with Welch Creek None •34 Town of Plymouth Maps are available for inspection at the Plymouth Town Hall, 205 East Main Street, Plymouth, North Carolina. Send comments to Mr. James Tripp, Plymouth Town Manager, P.O. Box 806, Plymouth, North Carolina 27962. Unincorporated Areas of Washington County Maps are available for inspection at the Washington County Permits, Inspections and Emergency Management, 120 Adams Street, Plymouth, North Carolina. Send comments to Mr. David Peoples, Washington County Manager, P.O. Box 1007, Plymouth, North Carolina 27962. (Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”) David I. Maurstad, Acting Director, Mitigation Division, Federal Emergency Management Agency. [FR Doc. E6-3426 Filed 3-9-06; 8:45 am] BILLING CODE 9110-12-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3AE6-3426. Public record. Not legal advice.