Flood elevation determinations: Alabama and North Carolina,

[Federal Register: November 4, 2002 (Volume 67, Number 213)]

[Proposed Rules]

[Page 67135-67139]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr04no02-24]

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.

    Sec. 67.4 [Amended]

  2. The tables published under the authority of Sec. 67.4 are proposed to be amended as follows:

    [[Page 67136]]

    Depth in feet above ground. *Elevation in feet (NGVD) [sbull] Source of flooding

    Location

    Elevation in feet Communities affected (NAVD)

    Existing Modified

    Alabama Montgomery County (Unincorporated Areas) and City of Montgomery

    Baldwin Slough...................... At the confluence with

    *182

    *181 City of Montgomery. Catoma Creek. Approximately 600 feet

    None

    *235 upstream of Vaughn Road. Catoma Creek........................ Just upstream of

    *214

    *216 Montgomery County Trotman Road.

    (Unincorporated Areas). Approximately 12.5

    None

    *247 miles upstream of Trotman Road. Catoma Creek Tributary 1............ Approximately 550 feet

    *203

    *204 City of Montgomery, downstream of the most

    Montogomery County downstream crossing of

    (Unincorporated Troy Highway.

    Areas). Approximately 2.9 miles

    None

    *233 upstream of the most upstream crossing of Troy Highway. Catoma Creek Tributary 1 Branch 1... At the confluence with

    None

    *206 City of Montgomery. Catoma Creek Tributary 1. Approximately 1.5 miles

    None

    *223 upstream of the confluence with Catoma Creek Tributary 1. Catoma Creek Tributary 1 Branch 2... At confluence with

    None

    *208 City of Montgomery. Catoma Creek Tributary 1. Approximately 1.7 miles

    None

    *234 upstream of confluence with Catoma Creek Tributary 1. Catoma Creek Tributary 1 and Branch At confluence with

    None

    *212 City of Montgomery. 3.

    Catoma Creek Tributary 1. Approximately 1.4 miles

    None

    *235 upstream of the confluence with Catoma Creek Tributary 1. Dry Creek........................... Approximately 200 feet

    None

    *247 Montgomery County downstream of Troy

    (Unincorporated Highway.

    Areas). Approximately 0.9 mile

    None

    *271 upstream of Canty Road. Jenkins Creek....................... Just upstream of CSX

    None

    *208 City of Montgomery, Transportation.

    Montgomery County (Unincorporated Areas). Approximately 100 feet

    None

    *222 upstream of Vaughn Road. Little Catoma Creek................. Approximately 1.25

    None

    *220 Montgomery County miles upstream of Troy

    (Unincorporated Highway.

    Areas). Just upstream of Old

    None

    *268 Hayneville Road. Little Catoma Creek Tributary 1..... Approximately 300 feet

    None

    *220 Montgomery County upstream from the

    (Unincorporated confluence with Little

    Areas). Catoma Creek. Approximately 50 feet

    None

    *259 upstream of Old Pike Road. Millies Creek....................... Just upstream of CSX

    None

    *215 Montgomery County Transportation.

    (Unincorporated Areas), City of Montgomery. Approximately 50 feet

    None

    *238 upstream of Wallahatchie Road. Oliver Creek........................ Approximately 0.8 mile

    *174

    *173 City of Montgomery. downstream of CSX Transportation. Approximately 100 feet

    None

    *237 upstream of Interstate Route 85.

    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

    None [sbull]20 Beaufort County Pungo Swamp.

    (Unincorporated Areas) Approximately 0.6 mile

    None [sbull]28 upstream of confluence with Fork Swamp. Back Creek.......................... Approximately 1.9 miles

    None [sbull]9 Beaufort County upstream of State

    (Unincorporated Route 92.

    Areas). Approximately 3.0 miles

    None [sbull]10 upstream of State Route 92. Bailey Creek........................ Approximately 1.1 mile

    None [sbull]9 Beaufort County upstream of State

    (Unincorporated Route 306.

    Areas). Approximately 150 feet

    None [sbull]12 upstream of railroad.

    [[Page 67137]]

    Blounts Creek....................... At the upstream side of [sbull]16 [sbull]15 Beaufort County the railroad.

    (Unincorporated Areas). Approximately 1.7 miles

    None [sbull]23 upstream of the railroad. Broomfield Swamp Creek.............. Approximately 200 feet

    None [sbull]7 Beaufort County downstream of Broome

    (Unincorporated Road.

    Areas), Town of Aurora. Approximately 0.4 mile

    None [sbull]11 upstream of Broome Road. Cypress Run......................... At the upstream side of

    None [sbull]10 Beaufort County Idalia Road.

    (Unincorporated Areas). Approximately 0.8 mile

    None [sbull]14 upstream of Idalia Road. Duck Creek.......................... Approximately 0.4 mile

    None [sbull]9 Beaufort County upstream of Hawkins

    (Unincorporated Beach Road.

    Areas). Approximately 200 feet

    None [sbull]9 upstream of Camp Leach Road. Durham Creek........................ Approximately 1.2 miles

    None [sbull]8 Beaufort County downstream of Durham

    (Unincorporated Creek Road.

    Areas). Approximately 0.8 mile

    None [sbull]37 upstream of Walker Road. Durham Creek Tributary.............. At the confluence with

    None [sbull]12 Beaufort County Durham Creek.

    (Unincorporated Areas). Approximately 50 feet [sbull]16 [sbull]15 downstream of Durham Creek Road. Durham Creek Tributary 2............ At the confluence with

    None [sbull]21 Beaufort County Durham Creek.

    (Unincorporated Areas). Approximately 1,875

    None [sbull]27 feet upstream of Fork Road. Fork Swamp.......................... At the confluence with

    None [sbull]28 Beaufort County Acre Swamp.

    (Unincorporated Areas). Approximately 0.5 mile

    None [sbull]35 upstream of the railroad. Gum Swamp Run East.................. Approximately 0.4 mile

    None [sbull]7 Beaufort County upstream of confluence

    (Unincorporated with South Creek.

    Areas). Approximately 100 feet

    None [sbull]9 downstream of Bay City Road. Harvey Creek........................ At the upstream side of

    None [sbull]19 Beaufort County Interstate Route 264.

    (Unincorporated Areas). Approximately 1.0 mile

    None [sbull]25 upstream of Interstate Route 264. Herring Run......................... Approximately 100 feet

    None [sbull]10 Beaufort County downstream of Herring

    (Unincorporated Run Road.

    Areas). Approximately 1.0 mile

    None [sbull]17 upstream of Gore Point Road. Porter Creek........................ Approximately 0.9 mile

    None [sbull]8 Beaufort County downstream of Louden

    (Unincorporated Road.

    Areas). Approximately 100 feet

    None [sbull]16 downstream of Gray Road. Poundpole Swamp Branch.............. At the confluence with

    None [sbull]15 Beaufort County Blounts Creek.

    (Unincorporated Areas). Approximately 0.6 mile

    None [sbull]33 upstream of Little Egypt Road. Pungo Swamp......................... Approximately 0.5 mile

    None [sbull]12 Beaufort County upstream of Jones

    (Unincorporated Bridge Road.

    Areas). Approximately 100 feet

    None [sbull]25 upstream of State Route 32. Rowland Creek....................... Approximately 100 feet

    None [sbull]9 Beaufort County upstream of Post Road.

    (Unincorporated Areas). Approximately 2,000

    None [sbull]11 feet upstream of Jackson Swamp Road. South Creek......................... Approximately 1,800

    None [sbull]7 Beaufort County feet upstream of the

    (Unincorporated confluence with

    Areas). Cypress Run. Approximately 2.7 miles

    None [sbull]15 upstream of the confluence with Cypress Run. Tankard Creek....................... Approximately 100 feet

    None [sbull]13 Beaufort County upstream of Boyd Loop

    (Unincorporated Road.

    Areas). Approximately 1.2 miles

    None [sbull]18 upstream of Boyd Loop Road. Upper Broad Creek................... At the confluence with [sbull]27 [sbull]26 Beaufort County Durham Creek.

    (Unincorporated Areas). At the County boundary.

    None [sbull]31 Whitehurst Creek.................... Approximately 0.9 mile

    None [sbull]7 Beaufort County upstream of State

    (Unincorporated Route 306.

    Areas). Approximately 0.5 mile

    None [sbull]11 upstream of Brantely Swamp Road. Pamlico River/Pamlico Sound/Atlantic In the vicinity of the

    None [sbull]7 Beaufort County Ocean.

    intersection of Austin

    (Unincorporated Road and Cypress Swamp

    Areas). Road. Atlantic Ocean/Pamlico Sound........ At the intersection of [sbull]9 [sbull]10 City of Washington. 9th Street and Boston Avenue. Bear Creek.......................... At the upstream side of

    None [sbull]27 Beaufort County State Route 33.

    (Unincorporated Areas).

    [[Page 67138]]

    Approximately 650 feet

    None [sbull]35 downstream of Hodges Road. Bear Grass Swamp.................... At the confluence with

    None [sbull]31 Beaufort County Tranters Creek.

    (Unincorporated Areas). Approximately 1,000

    None [sbull]31 feet upstream of the confluence with Turkey Swamp. Beaverdam Swamp..................... Approximately 50 feet

    None [sbull]37 Beaufort County upstream of Slatestone

    (Unincorporated Road.

    Areas). Approximately 1.0 mile

    None [sbull]46 upstream of Slatestone Road. Big Swamp........................... Approximately 50 feet

    None [sbull]31 Beaufort County upstream of Market

    (Unincorporated Street Ext..

    Areas). Approximately 1,000

    None [sbull]44 feet upstream of J and W Tram Road. Broad Creek......................... At Broad Creek Road.... [sbull]9 [sbull]10 Beaufort County (Unincorporated Areas). Approximately 1.3 miles [sbull]9 [sbull]10 upstream of Broad Creek Road. Broad Creek Tributary............... At the upstream side of [sbull]14 [sbull]15 Beaufort County Lizard Slip Road.

    (Unincorporated Areas). Approximately 1.4 miles [sbull]28 [sbull]31 upstream of Old Bath Highway. Chicod Creek........................ Approximately 0.9 mile

    None [sbull]31 Beaufort County downstream of Dixon

    (Unincorporated Road.

    Areas). At the confluence of

    None [sbull]43 Juniper Swamp. Chocowinity Creek................... Approximately 450 feet

    None [sbull]22 Beaufort County downstream of the

    (Unincorporated confluence of Morris

    Areas). Run. Approximately 3.7 miles

    None [sbull]40 upstream of the confluence of Morris Run. Cindy Edwards Branch................ At the upstream side of

    None [sbull]17 Beaufort County State Route 33.

    (Unincorporated Areas). Approximately 1.0 mile

    None [sbull]24 upstream of State Route 33. Creeping Swamp...................... Approximately 0.7 mile

    None [sbull]34 Beaufort County downstream of State

    (Unincorporated Route 102.

    Areas). At the County boundary.

    None [sbull]48 Gum Swamp........................... At the upstream side of

    None [sbull]38 Beaufort County U.S. Interstate 17.

    (Unincorporated Areas). Approximately 650 feet

    None [sbull]42 downstream of County boundary. Gum Swamp Run West.................. Approximately 300 feet

    None [sbull]26 Beaufort County upstream of the

    (Unincorporated confluence with Morris

    Areas). Run. Approximately 1.5 miles

    None [sbull]32 upstream of the confluence with Morris Run. Hall Swamp.......................... Approximately 50 feet

    None [sbull]37 Beaufort County upstream of Slatestone

    (Unincorporated Road.

    Areas). Approximately 150 feet

    None [sbull]39 downstream of Bluebird Lane. Harding Swamp....................... At the confluence with

    None [sbull]43 Beaufort County Juniper Swamp.

    (Unincorporated Areas). Approximately 0.7 mile

    None [sbull]47 upstream of the confluence of Juniper Swamp. Hills Creek......................... At the downstream side

    None [sbull]10 Beaufort County of Gilead Shores Road.

    (Unincorporated Areas). Approximately 0.8 mile

    None [sbull]13 upstream of Gilead Shores Road. Horse Branch........................ At the confluence with

    None [sbull]14 Beaufort County White Branch.

    (Unincorporated Areas). At Gray Road...........

    None [sbull]18 Horsepen Swamp...................... At the confluence with

    None [sbull]16 Beaufort County Tranters Creek.

    (Unincorporated Areas). Approximately 1.4 miles

    None [sbull]40 upstream of Wards Bridge Road. Joe Branch.......................... At the upstream side of

    None [sbull]43 Beaufort County Possum Track Road.

    (Unincorporated Areas). Approximately 1,500 fee

    None [sbull]45 upstream of Possum Track Road. Maple Branch........................ At the upstream side of [sbull]14 [sbull]11 Beaufort County U.S. Highway 264.

    (Unincorporated Areas), City of Washington. Approximately 0.6 mile

    None [sbull]21 upstream of Farm Path.

    [[Page 67139]]

    Mitchell Branch..................... At U.S. Highway 264.... [sbull]12 [sbull]14 Beaufort County (Unincorporated Areas), City of Washington. Approximately 160 feet

    None [sbull]21 upstream of Cherry Run Road. Morris Run.......................... At the confluence with

    None [sbull]22 Beaufort County Chocowinity Creek.

    (Unincorporated Areas). Approximately 1.8 miles

    None [sbull]32 upstream of State Route 33. Old Ford Swamp...................... Approximately 1,250

    [sbull]25 [sbull]26 Beaufort County feet downstream of

    (Unincorporated Calf Branch Road.

    Areas). Approximately 0.7 mile

    None [sbull]36 upstream of Calf Branch Road. Pinelog Branch...................... At the confluence with

    None [sbull]29 Beaufort County Tranters Creek.

    (Unincorporated Areas). Approximately 0.8 mile

    None [sbull]30 upstream of Cherry Run Road. Pineygrove Branch................... Approximately 100 feet

    None [sbull]27 Beaufort County upstream of Corsica

    (Unincorporated Road.

    Areas), City of Washington. Approximately 2,000

    None [sbull]33 feet upstream of Singleton Road. Snoad Branch........................ Approximately 600 feet [sbull]18 [sbull]19 Beaufort County downstream of Voa Road.

    (Unincorporated Areas). Approximately 1.4 miles

    None [sbull]33 upstream of Voa Road. Tranters Creek...................... Approximately 1,600

    None [sbull]11 Beaufort County feet upstream of the

    (Unincorporated confluence with Maple

    Areas). Branch. At the confluence of

    None [sbull]31 Bear Grass Swamp. White Branch........................ At the confluence with [sbull]11 [sbull]12 Beaufort County Chocowinity Creek.

    (Unincorporated Areas). At the downstream side

    None [sbull]16 of Gray Road.

    ¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨ qdrt][sbull]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. 02-27969Filed11-01-02; 8:45 am]

    BILLING CODE 6718-04-P

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