Flood elevation determinations: Various States,

[Federal Register: April 4, 2005 (Volume 70, Number 63)]

[Proposed Rules]

[Page 17037-17042]

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

[DOCID:fr04ap05-31]

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-D-7616]

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

[[Page 17038]]

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.

    Sec. 67.4 [Amended]

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

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

    Location

    Elevation in Communities affected feet (NAVD)

    Existing Modified

    NEW JERSEY Bergen County

    Musquapsink Brook................... Approximately 2,600

    *39

    *38 Boroughs of Emerson, feet upstream of

    *241

    *243 Westwood, Hillsdale, confluence with

    Woodcliff Lake, Pascack Brook at

    Paramus, Township of Saddle River Road.

    Washington. Pascack Brook....................... Approximately 0.71 mile

    *25

    *26 Boroughs of Emerson, downstream of

    204

    *205 River Vale, Hillsdale, Brookside Avenue.

    Woodcliff Lake, Park Approximately 1,300

    Ridge, Montvale, feet from the upstream

    Harrington Park. side of Magnolia Avenue. Musquasink Brook By-Pass............ At the confluence of

    *59

    *60 Township of Washington. Musquapsink Brook.

    *63

    *68 Just downstream of Washington Lake Dam South. Tandy Brook......................... At the confluence with

    *62

    *63 Borough of Hillsdale. Pascask Brook.

    *62

    *63 Approximately 375 feet downstream of Saddlewood Drive. Westdale Brook...................... At the confluence with

    *57

    *59 Borough of Westwood. Pascack Brook.

    *57

    *59 Approximately 1,740 feet from upstream side of Harding Avenue.

    Borough of Emerson Maps available for inspection at the Emerson Borough Hall, Municipal Place, Emerson, New Jersey. Send comments to The Honorable Steve Setteducati, Mayor of the Borough of Emerson, Municipal Place, Emerson, New Jersey 07630. Borough of Harrington Park Maps available for inspection at the Harrington Park Municipal Center, 85 Harriot Avenue, Harrington Park, New Jersey. Send comments to The Honorable Paul A. Hoelscher, Mayor of the Borough of Harrington Park, Municipal Center, 85 Harriot Avenue, Harrington Park, New Jersey 07640. Borough of Hillsdale Maps available for inspection at the Hillsdale Borough Hall, 380 Hillsdale Avenue, Hillsdale, New Jersey. Send comments to Mr. Harold Karns, Borough of Hillsdale Administrator, 380 Hillsdale Avenue, Hillsdale, New Jersey 07642. Borough of Montvale Maps available for inspection at the Montvale Borough Hall, 1 Memorial Drive, Montvale, New Jersey. Send comments to The Honorable George Zeller, Mayor of the Borough of Montvale, 1 Memorial Drive, Montvale, New Jersey 07645. Borough of Paramus Maps available for inspection at the Paramus Borough Hall, 1 Jockish Square, Paramus, New Jersey. Send comments to The Honorable James Tedesco, III, Mayor of the Borough of Paramus, 1 Jockish Square, Paramus, New Jersey 07652. Borough of Park Ridge Maps available for inspection at the Park Ridge Borough Hall, 55 Park Avenue, Park Ridge, New Jersey. Send comments to The Honorable Don Ruschman, Mayor of the Borough of Park Ridge, 55 Park Avenue, Park Ridge, New Jersey 07656. Township of River Vale Maps available for inspection at the River Vale Township Office, 406 River Vale Road, River Vale, New Jersey.

    [[Page 17039]]

    Send comments to The Honorable George Paschalis, Mayor of the Township of River Vale, 406 River Vale Road, River Vale, New Jersey 07675. Township of Washington Maps available for inspection at the Washington Township Office, 350 Hudson Avenue, Washington, New Jersey. Send comments to The Honorable Rudolph J. Wenzel, Jr., Mayor of the Township of Washington, 350 Hudson Avenue, Washington, New Jersey 07676. Borough of Westwood Maps available for inspection at the Westwood Borough Hall, 101 Washington Avenue, Westwood, New Jersey. Send comments to The Honorable Skip Kelly, Mayor of the Borough of Westwood, 101 Washington Avenue, Westwood, New Jersey 07675. Borough of Woodcliff Lake Maps available for inspection at the Woodcliff Lake Municipal Building, 188 Pascack Road, Woodcliff Lake, New Jersey. Send comments to The Honorable Josephine C. Higgins, Mayor of the Borough of Woodcliff Lake, Municipal Building, 188 Pascack Road, Woodcliff Lake, New Jersey 07677.

    NORTH CAROLINA Brunswick County

    Allen Creek......................... At the confluence with

    None 9 Brunswick County McKinzie Pond. Approximately 675 feet

    None 50 (Unincorporated Areas), downstream of West

    City of Boiling Spring Boiling Spring Road.

    Lakes. Alligator Branch.................... At the confluence with

    None 19 Brunswick County Hood Creek.

    (Unincorporated Areas). Approximately 0.5 mile

    None 60 downstream of Interstate 74/76. Batarora Branch..................... At the confluence with

    None 31 Brunswick County Hood Creek.

    (Unincorporated Areas). Approximately 1,500

    None 36 feet upstream of NC Highway 87. Batarora Branch Tributary........... At the confluence with

    None 36 Brunswick County Batarora Branch.

    (Unincorporated Areas). Approximately 1.3 miles

    None 59 upstream of the confluence with Batarora Branch. Beaverdam Creek (near Henrytown).... At the confluence with

    None 12 Brunswick County Town Creek.

    (Unincorporated Areas). Approximately 1.5 miles

    None 66 upstream of Town Creek Road Northeast. Beaverdam Creek (near Southport).... Approximately 1.0 mile

    None 11 Brunswick County upstream of the

    (Unincorporated confluence with

    Areas), Town of St. Intracoastal Waterway.

    James At the confluence with

    None 12 Beaverdam Swamp. Beaverdam Swamp..................... At the confluence with

    None 12 Brunswick County Beaverdam Creek (near

    (Unincorporated Southport).

    Areas), Town of St. James. Approximately 1,650

    None 46 feet upstream of Committee Drive Southeast. Bell Swamp.......................... At the confluence with

    None 10 Brunswick County Mill Creek (near

    (Unincorporated Winnabow).

    Areas). Approximately 2.0 miles

    None 52 upstream of Cherrytree Road Northeast. Bishop Branch....................... At the confluence with

    None 9 Brunswick County Morgan Creek.

    (Unincorporated Areas), Town of Leland. Approximately 0.3 mile

    None 64 upstream of Pinecliff Drive Northeast. Cape Fear River..................... Approximately 1.1 miles

    None 7 Brunswick County downstream of the

    (Unincorporated intersection of

    Areas), Town of Pender, New Hanover,

    Navassa. and Brunswick County boundary. At the Brunswick/

    None 14 Columbus County boundary. Cherry Tree Swamp................... At the confluence with

    None 27 Brunswick County Bell Swamp.

    (Unincorporated Areas). Approximately 1.4 miles

    None 62 upstream of Cherrytree Road Northeast. Cottage Creek....................... Approximately 1,000

    None 10 Brunswick County feet downstream of 9th

    (Unincorporated Street.

    Areas), City of Southport. Approximately 550 feet

    None 20 upstream of 11th Street. Daw's Creek......................... Approximately 850 feet

    None 9 Brunswick County upstream of the

    (Unincorporated confluence with Town

    Areas). Creek. Approximately 0.9 mile

    None 16 upstream of Daw's Creek Road.

    [[Page 17040]]

    Dutchman Creek (north of CP&L Canal) At the confluence with

    None 10 Brunswick County CP&L Canal.

    (Unincorporated Areas), City of Southport. Approximately 1.9 miles

    None 32 upstream of 211. Gapway Creek County boundary........ At the Brunswick/

    None 45 Brunswick County Columbus.

    (Unincorporated Areas). Approximately 2.7 miles

    None 64 upstream of the Brunswick/Columbus County line. Governors Creek..................... At the confluence with

    None 8 Brunswick County Walden Creek.

    (Unincorporated Areas). Approximately 2.3 miles

    None 8 upstream of unnamed road. Harris Swamp........................ At the confluence with

    None 11 Brunswick County Mill Creek (near

    (Unincorporated Winnabow).

    Areas). Approximately 2.5 miles

    None 27 upstream of NC Highway 87. Hood Creek.......................... At the confluence with

    None 10 Brunswick County Cape Fear River.

    (Unincorporated Areas). Approximately 1.9 miles

    None 61 upstream of NC Highway 87. Hood Creek Tributary................ At the confluence with

    None 29 Brunswick County Hood Creek.

    (Unincorporated Areas). Approximately 300 feet

    None 55 upstream of Malmo Lake Road Northeast. Jackeys Creek....................... Approximately 0.3 mile 13 10 Brunswick County downstream of NC 17.

    (Unincorporated Areas), Town of Leland. Just upstream of

    18 17 abandoned railroad. Jackeys Creek Tributary............. At the confluence with 18 16 Brunswick County Jackeys Creek.

    (Unincorporated Areas), Town of Leland. Approximately 425 feet

    None 39 upstream of Lanvale Road Northeast. Lewis Branch........................ At the confluence with

    None 20 Brunswick County Lewis Swamp.

    (Unincorporated Areas). Approximately 1.6 miles

    None 62 ....................... upstream of Lewis Swamp Road Northeast. Lewis Swamp......................... At the confluence with

    None 14 Brunswick County Town Creek.

    (Unincorporated Areas). Approximately 2.7 miles

    None 65 ....................... upstream of Beetree Farm Trail. Lewis Swamp Tributary............... At the confluence with

    None 32 Brunswick County Lewis Swamp.

    (Unincorporated Areas). Approximately 1.5 miles

    None 52 ....................... upstream of the confluence with Lewis Swamp. Liliput Creek....................... Approximately 1,450

    None 9 Brunswick County feet of State Route

    (Unincorporated 133.

    Areas). At the confluence with

    None 9 ....................... Allen Creek. Little Mallory Creek................ Approximately 100 feet

    None 9 Brunswick County State Route 133.

    (Unincorporated Areas). Approximately 250 feet

    None 21 ....................... upstream of Wire Road. Livingston Creek.................... Approximately 1.2 miles

    None 52 Brunswick County downstream of Columbus/

    (Unincorporated Brunswick border.

    Areas). At Columbus/Brunswick

    None 59 ....................... County border. McKinzie Creek...................... At the confluence with

    None 9 Brunswick County Allen Creek/McKinzie

    (Unincorporated Pond.

    Areas). Approximately 570 feet

    None 25 ....................... upstream of Funston Road Southeast. Mill Creek (near Leland)............ Approximately 0.8 mile

    None 7 Brunswick County upstream of the

    (Unincorporated confluence with

    Areas), Town of Sturgeon Creek.

    Leland, Town of Navassa. Approximately 250 feet

    None 9 upstream of Post Office Road Northwest. Mill Creek (near Winnabow).......... At the confluence with

    None 10 Brunswick County Rice Creek.

    (Unincorporated Areas). Approximately 1.7 miles

    None 24 ....................... upstream of Old Mill Creek Road Southeast. Morgan Creek........................ Approximately 0.3 mile

    None 9 Brunswick County of the confluence with

    (Unincorporated Town Creek.

    Areas), Town of Leland.

    [[Page 17041]]

    Approximately 0.8 miles

    None 21 ....................... upstream of Hewitt- Burton Road Southeast. Nancy's Creek....................... At the confluence with

    None 8 Brunswick County Walden Creek.

    (Unincorporated Areas). Approximately 0.6 mile

    None 8 upstream of railroad crossing. Nigis Creek......................... At the confluence with

    None 8 Brunswick County Walden Creek.

    (Unincorporated Areas). Approximately 2.0 miles

    None 26 ....................... upstream of unnamed road. Orton Creek......................... Approximately 50 feet

    None 9 Brunswick County downstream of

    (Unincorporated Plantation Road

    Areas). Southeast. Approximately 1.5 miles

    None 44 ....................... upstream of NC 87. Prices Creek........................ At East Moore Street...

    None 9 Brunswick County (Unincorporated Areas), City of Southport. Approximately 1,750

    None 13, ....................... feet upstream of East Leonard Street. Rattlesnake Branch.................. At the confluence with

    None 14 Brunswick County Hood Creek.

    (Unincorporated Areas), City of Northwest. Approximately 250 feet

    None 36 ....................... upstream of Saw Mill Road. Rice Creek.......................... Approximately 1.9 miles

    None 9 Brunswick County downstream of

    (Unincorporated Governors Road

    Areas). Southeast. At the confluence with

    None 10 ....................... Mill Creek (near Winnabow). Russells Creek...................... At the confluence with

    None 9 Brunswick County Town Creek.

    (Unincorporated Areas). Approximately 0.3 mile

    None 47 ....................... upstream of Irvine Trail Northeast. Sand Hill Creek..................... Approximately 0.8 mile

    None 9 Brunswick County upstream of the

    (Unincorporated confluence with Cape

    Areas). Fear River. Approximately 800 feet

    None 12 ....................... upstream of State Route 133. Town Creek.......................... Approximately 600 feet

    None 9 Brunswick County downstream of the

    (Unincorporated confluence with

    Areas). Russells Creek. Approximately 2.6 miles

    None 63 ....................... upstream of Town Creek Road Northeast. Turkey Branch....................... At the confluence with

    None 15 Brunswick County Town Creek.

    (Unincorporated Areas). Approximately 0.5 mile

    None 61 upstream of Patrick Drive Northeast. Walden Creek........................ Approximately 0.4 mile

    None 9 Brunswick County of the confluence with

    downstream Governors Creek.

    (Unincorporated Areas). Approximately 0.6 mile

    None 8 ....................... upstream of the confluence with White Spring Creek. White Spring Creek.................. At the confluence with

    None 8 Brunswick County Walden Creek.

    (Unincorporated Areas). Approximately 100 feet

    None 8 ....................... downstream of railroad. Atlantic Ocean...................... Approximately 500 feet 22 21 Brunswick County south of the

    (Unincorporated intersection of

    Areas), Town of Southeast 52nd Street

    Caswell Beach, Village and East Pelican Drive

    of Bald Head Island, in the Town of Oak

    Town of Oak Island Island. Along Bay Creek at the 11 14 ....................... confluence with Deer Creek. Village of Bald Head Island Maps available for inspection at the Bald Head Island Town Hall, 106 Lighthouse Wynd, Bald Head Island, North Carolina. Send comments to The Honorable Larry Lammert, Mayor of the Village of Bald Head Island, P.O. Box 3009, Bald Head Island, North Carolina 28461-3009. City of Boiling Spring Lakes Maps available for inspection at the Boiling Spring Lakes City Hall, 9 Boiling Spring Road, Boiling Spring Lakes, North Carolina. Send comments to The Honorable Joan Kinney, Mayor of the City of Boiling Spring Lakes, 9 East Boiling Spring Road, Boiling Spring Lakes, North Carolina 28461. Brunswick County (Unincorporated Areas) Maps available for inspection at the Brunswick County Planning Department, 75 Courthouse Drive Northeast, Building I, Bolivia, North Carolina. Send comments to Mr. Marty Lawing, Brunswick County Manager, P.O. Box 249, Bolivia, North Carolina 28422-0249. Town of Caswell Beach Maps available for inspection at the Caswell Beach Town Hall, 1100 Caswell Beach Road, Caswell Beach, North Carolina. Send comments to The Honorable Harry Simmons, Jr., Mayor of the Town of Caswell Beach, 1100 Caswell Beach Road, Caswell Beach, North Carolina 28465. Town of Leland Maps available for inspection at the Leland Town Hall, 102 Town Hall Drive, Leland, North Carolina.

    [[Page 17042]]

    Send comments to The Honorable Franky Thomas, Mayor of the Town of Leland, 102 Town Hall Drive, Leland, North Carolina 28451. Town of Navassa Maps available for inspection at the Navassa Town Hall, 334 Main Street, Navassa, North Carolina. Send comments to The Honorable Eulis Willis, Mayor of the Town of Navassa, 334 Main Street, Navassa, North Carolina 28451. City of Northwest Maps available for inspection at the Northwest City Hall, 4889 Vernon Road, Leland, North Carolina. Send comments to The Honorable James Knox, Mayor of the City of Northwest, P.O. Box 1509, Leland, North Carolina 28451. Town of Oak Island Maps available for inspection at the Oak Island Town Hall, 4601 East Oak Island Drive, Oak Island, North Carolina. Send comments to The Honorable Helen Cashwell, Mayor of the Town of Oak Island, 4601 East Oak Island Drive, Oak Island, North Carolina 28465. Town of St. James Maps available for inspection at the St. James Town Hall, 3628 St. James Drive, Southport, North Carolina. Send comments to The Honorable Leonard B. Harmon, Mayor of the Town of St. James, 3628 St. James Drive, Southport, North Carolina 28461. City of Southport Maps available for inspection at the Southport Town Hall, 201 East Moore Street, Southport, North Carolina. Send comments to The Honorable Norman Holden, Mayor of the City of Southport, 201 East Moore Street, Southport, North Carolina 28461.

    (Catalog of Federal Domestic Assistance No. 83.100, ``Flood Insurance.'')

    Dated: March 29, 2005. David I. Maurstad, Acting Director, Mitigation Division, Emergency Preparedness and Response Directorate.

    [FR Doc. 05-6543 Filed 4-1-05; 8:45 am]

    BILLING CODE 9110-12-P

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