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Proposed Rule

Proposed Flood Elevation Determinations

Document Details

Information about this document as published in the Federal Register.

Published Document

This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.

Start Preamble

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.

Start Further Info

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.

End Further Info End Preamble Start Supplemental Information

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.

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List of Subjects in 44 CFR Part 67

End List of Subjects

Accordingly, 44 CFR Part 67 is proposed to be amended as follows:

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PART 67—[AMENDED]

1. The authority citation for Part 67 continues to read as follows:

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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.

End Authority
[Amended]

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

Source of floodingLocation#Depth in feet above ground. •Elevation in feet (NGVD) Elevation in feet (NAVD)Communities affected
ExistingModified
DELAWARE
Kent County (Unincorporated Areas), City of Dover, Town of Smyrna, Town of Leipsic, City of Milford, Town of Frederica, Town of Boweres, Town of Little Creek, Town of Clayton,
Andrews LakeApproximately 1,525 feet downstream of Andrews Lake RoadNone*9Kent County (Unincorporated Areas)
Approximately 1.25 miles upstream of Andrews Lake RoadNone*22
Beaverdam DitchAt confluence with Tidy Island CreekNone*46Kent County (Unincorporated Areas)
Approximately 90 feet upstream of Taraila RoadNone*57
Browns Branch NorthAt the downstream side of the northbound lane of U.S. Route 13None*42Kent County (Unincorporated Areas)
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At the downstream side of the southbound lane of U.S. Route 13None*43
Browns Branch SouthAt Route 431None*41Kent County (Unincorporated Areas)
Approximately 1.04 miles upstream of Route 431None*48
Cahoon BranchAt confluence with Maidstone Branch*30*32Kent County (Unincorporated Areas), City of Dover
Approximately 50 feet downstream of Navit RoadNone*58
Choptank RiverApproximately 1.33 miles downstream of Still RoadNone*22Kent County (Unincorporated Areas)
Approximately 0.5 mile upstream of confluence of Culbreth Marsh DitchNone*37
Coursey PondApproximately 1,030 feet downstream of Canterbury RoadNone*9Kent County (Unincorporated Areas)
Approximately 1.3 miles upstream of Canterbury RoadNone*13
Cow Marsh CreekAt confluence with Choptank RiverNone*26Kent County (Unincorporated Areas)
At confluence of Willow Grove ProngNone*51
Culbreth Marsh DitchAt confluence with Choptank RiverNone*37Kent County (Unincorporated Areas)
Approximately 300 feet upstream of Lucks DriveNone*49
Delaware BayAt intersection of Big Stone Beach Road and Scotts Corner Road*8*9Kent County (Unincorporated Areas), Town of Smyrna, Town of Leipsic, City of Milford, City of Dover, Town of Frederica, Town of Boweres, Town of Little Creek
Approximately 375 feet north of intersection of North Street and Pearson Avenue Bowers, Woodland Beach*11813
Duck CreekApproximately 1,660 feet downstream of Smyrna Landing Road*8*9Kent County (Unincorporated Areas), Town of Smyrna, Town of Clayton
Approximately 300 feet upstream of State Route 15None*29
Fork BranchAt confluence with St. Jones River*24*27Kent County (Unincorporated Areas), City of Dover
Approximately 100 feet upstream of Shaws Corner RoadNone*64
Green BranchAt confluence with Marshyhope CreekNone*41Kent County (Unincorporated Areas)
Approximately 1,200 feet upstream of Layton Corners RoadNone*56
Green's BranchApproximately 500 feet downstream of Main StreetNone*9Kent County (Unincorporated Areas), Town of Smyrna
At CONRAILNone*27
Horsepen ArmAt confluence with Marshyhope CreekNone*54Kent County (Unincorporated Areas)
Approximately 650 feet upstream of Park Brown RoadNone*58
Little RiverJust downstream of State Route 8None*9Kent County (Unincorporated Areas), City of Dover
Approximately 0.7 mile upstream of West Wind DriveNone*25
Maidstone BranchAt the confluence with St. Jones River*24*27Kent County (Unincorporated Areas), City of Dover
Approximately 750 feet upstream of Sharon Hill RoadNone*49
Marshyhope CreekAt the downstream county boundaryNone*35Kent County (Unincorporated Areas)
At the confluence of Horsepen ArmNone*54
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Marshyhope DitchAt the confluence with Marshyhope CreekNone*54Kent County (Unincorporated Areas)
Approximately 500 feet upstream of Park Brown RoadNone*56
McColley PondApproximately 1,325 feet downstream of Canterbury RoadNone*9Kent County (Unincorporated Areas)
Approximately 1.4 miles upstream of Canterbury RoadNone*12
McGinnis PondApproximately 1,125 feet downstream of McGinnis Pond RoadNone*9Kent County (Unincorporated Areas)
Approximately 1.0 mile upstream of McGinnis PondNone*20
Mill CreekAt U.S. Route 13*8*9Kent County (Unincorporated Areas), Town of Smyrna
At State Route 137*18*17
Morgan BranchApproximately 0.4 mile upstream of the confluence with Little River*9*10Kent County (Unincorporated Areas), City of Dover
Approximately 1.5 miles upstream of Little Creek RoadNone*17
Penrose BranchApproximately 750 feet upstream of Sharon Hill RoadNone*49Kent County (Unincorporated Areas)
Approximately 1.9 miles upstream of Pearsons Corner RoadNone*66
Providence CreekApproximately 300 feet upstream of U.S. Route 15None*29Kent County (Unincorporated Areas), Town of Clayton
Approximately 300 feet upstream of Alley Mill RoadNone*43
Puncheon BranchApproximately 0.5 mile downstream of U.S. Route 113A*8*9Kent County (Unincorporated Areas), City of Dover
Approximately 900 feet downstream of U.S Route 113A*8*9
St. Jones RiverApproximately 1,170 feet downstream of Court Street*9*10Kent County (Unincorporated Areas), City of Dover
Approximately 1.11 miles upstream of West College Square*25*27
Tappahanna DitchAt the confluence with Tidy Island CreekNone*46Kent County (Unincorporated Areas)
Approximately 200 feet upstream of U.S. Route 8None*64
Tantrough BranchAt City of Milford corporate limits*19*15Kent County (Unincorporated Areas), City of Milford
Approximately 0.62 mile upstream of Blairs Pond DamNone*34
Tidy Island CreekApproximately 3,300 feet downstream of Mahan Corner RoadNone*44Kent County (Unincorporated Areas)
At the confluence of Beaverdam Ditch and Tappahanna DitchNone*46
Willow Grove ProngAt confluence with Cow Marsh CreekNone*51Kent County (Unincorporated Areas)
Approximately 850 feet upstream of Honeysuckle RoadNone*57
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Kent County (Unincorporated Areas)
Maps available for inspection at the Kent County Planning, 414 Federal Street, Dover, Delaware.
Send comments to Mr. Robert McLeod, Kent County Administrator, 414 Federal Street, Room 201, Dover, Delaware 19901.
Town of Bowers
Maps available for inspection at the North Bowers Fire Hall, Rural Drive #1 Bowers, Frederica, Delaware.
Send comments to The Honorabale William Poulin, Mayor of the Town of Bowers, 111 Church Street, Frederica, Delaware 19946.
Town of Clayton
Maps available for inspection at the Clayton Town Hall, 105 Main Street, Clayton, Delaware.
Send comments to The Honorable Robert Berhorn, Mayor of the Town of Clayton, P.O. Box 1130, Clayton, Delaware 19938.
City of Dover
Maps available for inspection at the Dover City Hall, 15 East Lockerman Street, Dover, Delaware.
Send comments to The Honorable James Hutchison, Mayor of the City of Dover, P.O. Box 475, Dover, Delaware 19903.
Town of Frederica
Maps available for inspection at the Frederica Town Hall, David Street, Frederica, Delaware.
Send comments to The Honorable Robert Volkomer, Mayor of the Town of Frederica, P.O. Box 294, Frederica, Delaware 19946.
Town of Leipsic
Maps available for inspection at Leipsic Town Hall, 192 Front Street, Leipsic, Delaware.
Send comments to The Honorable Norma Mohler, Mayor of the Town of Leipsic, 728 Leipsic Road, Dover, Delaware 19901.
Town of Little Creek
Maps available for inspection at the Little Creek Town Hall, 204 Main Street, Little Creek, Delaware.
Send comments to The Honorable Harry Marvel, Sr., Mayor of the Town of Little Creek, P.O. Box 298, Little Creek, Delaware 19961.
City of Milford
Maps available for inspection at the Milford City Hall, 201 South Walnut Street, Milford, Delaware.
Send comments to Mr. Richard Carmean, Milford City Manager, 201 South Walnut Street, Milford, Delaware 19963.
Town of Smyrna
Maps available for inspection at the Smyrna Town Hall, 27 Market Street, Plaza, Smyrna, Delaware.
Send comments to The Honorable Mark Schaeffer, Mayor of the Town of Smyrna, 27 South Market Street Plaza, P.O. Box 307, Smyrna, Delaware 19977.
PITT COUNTY, NORTH CAROLINA
Bells BranchAt the confluence with Hardee Creek•19•20City of Greenville, Pitt County (Unincorporated Areas)
Approximately 2,000 feet upstream of confluence•19•20
Briery SwampAt the confluence with Tranaters CreekNone•22Pitt County (Unincorporated Areas)
Approximately 0.4 mile upstream of Staton Mill RoadNone•61
Briery Swamp TributaryAt the confluence with Briery SwampNone•36Pitt County (Unincorporated Areas)
Approximately 0.8 mile upstream of NC 903None•44
Cheeks Mill CreekApproximately 0.5 mile upstream of the confluence with the Tar RiverNone•27Pitt County (Unincorporated Areas)
A backwater area from a point approximately 1.8 miles upstream of the confluence with the Tar RiverNone•39
Chicod CreekAt the confluence with the Tar River•13•14Pitt County (Unincorporated Areas)
Approximately 1,250 feet upstream of South Grimesland Bridge RoadNone•39
Conetoe CreekAt the confluence with the Tar River•27•31Pitt County (Unincorporated Areas)
At the confluence of Crisp CreekNone•48
Cow SwampAt the confluence with Chicod CreekNone•19Pitt County (Unincorporated Areas)
Approximately 2.6 miles upstream of Black Jack-Simpson RoadNone•46
Crisp CreekAt the confluence with Conetoe CreekNone•48Pitt County (Unincorporated Areas), Town of Bethel
Approximately 0.5 mile downstream of Interstate 64None•51
Cross SwampAt the confluence with Cow SwampNone•33Pitt County (Unincorporated Areas)
Approximately 0.6 mile upstream of Black Jack-Grimesland RoadNone•37
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Flat SwampAt the confluence with Tranters CreekNone•39Pitt County (Unincorporated Areas)
Approximately 0.4 mile upstream of James RoadNone•42
Fornes RunAt the confluence with Green Mill Run•24•21City of Greenville
Approximately 1,850 feet upstream of the confluence with Green Mill Run•26•27
Green Mill RunAt the confluence with the Tar River•20•21City of Greenville, Pitt County (Unincorporated Areas)
Approximately 270 feet upstream of Allen RoadNone•70
Grindle CreekApproximately 2.0 miles upstream of the confluence with the Tar RiverNone•14Pitt County (Unincorporated Areas)
Approximately 500 feet upstream of U.S. 13/NC 11None•39
Grindle Creek TributaryAt the confluence with Grindle CreekNone•20Pitt County (Unincorporated Areas)
Approximately 0.6 mile upstream of railroadNone•30
Hardee CreekAt the confluence with the Tar River•19•20City of Greenville, Pitt County (Unincorporated Areas)
Approximately 1.1 miles upstream of Herman Garris RoadNone•57
Hardee Creek TributaryApproximately 810 feet upstream of the confluence with Hardee Creek•36•37City of Greenville
Approximately 425 feet upstream of Joseph Street•37•43
Harris Mill RunAt the confluence with the Tar River•23•25City of Greenville, Pitt County (Unincorporated Areas)
Approximately 0.4 mile upstream of Interstate 264None•60
Hunting RunAt the confluence with Grindle CreekNone•21Pitt County (Unincorporated Areas)
Approximately 1.5 miles upstream of the confluence with Grindle CreekNone•29
Island SwampAt the confluence with Chicod CreekNone•35Pitt County (Unincorporated Areas)
Approximately 0.9 mile upstream of South Grimesland Bridge RoadNone•44
Johnsons Mill RunAt the confluence with the Tar River•24•25Pitt County (Unincorporated Areas), City of Greenville
Approximately 80 feet downstream of Staton House RoadNone•32
Johnsons Mill Run TributaryAt the confluence with Johnsons Mill RunNone•26Pitt County (Unincorporated Areas), City of Greenville
Approximately 900 feet downstream of Barrus Construction RoadNone•31
Juniper BranchAt the confluence with Chicod CreekNone•15Pitt County (Unincorporated Areas)
Approximately 0.4 mile upstream of Ivy RoadNone•47
Kitten CreekAt the confluence with Otters CreekNone•36Pitt County (Unincorporated Areas), Town of Fountain
Approximately 1.6 miles upstream of Dilda Church RoadNone•77
Lateral No. 1Approximately 150 feet upstream of the confluence with Parkers Creek•22•23City of Greenville
At Interstate 13•23•24
Lawrence RunAt the confluence with Tyson CreekNone•33Pitt County (Unincorporated Areas)
Approximately 1.8 miles upstream of NC 121None•58
Meadow BranchAt the confluence with Briery SwampNone•22Pitt County (Unincorporated Areas)
Approximately 0.7 mile upstream of Sheppard Mill RoadNone•47
Mill BranchAt the confluence with Whichard BranchNone•41Pitt County (Unincorporated Areas)
Approximately 0.4 mile upstream of Staton Mill RoadNone•59
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North Fork Green Mill RunApproximately 175 feet upstream of the confluence with Green Mill Run•55•56City of Greenville, Pitt County (Unincorporated Areas)
Approximately 1,100 feet upstream of Spring Forest Road•68•69
Otter CreekAt the confluence with the Tar River•29•33Pitt County (Unincorporated Areas), Town of Falkland
Approximately 0.8 mile downstream of Edgewood Church RoadNone•51
Otter Creek TributaryAt the confluence with Otter CreekNone•48Pitt County (Unincorporated Areas)
Approximately 200 feet upstream of the confluence with Otter CreekNone•48
Parkers CreekAt the confluence with the Tar River•21•22City of Greenville
Approximately 800 feet upstream of Staton RoadNone•26
Pea BranchAt the confluence with Tranters CreekNone•15Pitt County (Unincorporated Areas)
Approximately 400 feet upstream of Satterthwaite RoadNone•26
Poley BranchAt the confluence with Tranters CreekNone•15Pitt County (Unincorporated Areas)
Approximately 2,000 feet upstream of Sheppard Mill RoadNone•25
Tar RiverApproximately 1.8 miles upstream of the confluence with Bear Creek•10•9Pitt County (Unincorporated Areas), Town of Falkland, City of Greenville
At the county boundary•33•37
Thomas CanalAt the confluence with Conetoe CreekNone•46Pitt County (Unincorporated Areas), Town of Bethel
Approximately 900 feet upstream of Bowers RoadNone•49
Tranters CreekApproximately 2.5 miles upstream of the confluence with the Tar RiverNone•9Pitt County (Unincorporated Areas)
Approximately 1.3 miles upstream of the confluence with Flat SwampNone•49
Tyson CreekAt the confluence with the Tar River•27•30Pitt County (Unincorporated Areas), Town of Falkland
Approximately 1.3 miles upstream of Seven Pines RoadNone•65
Whichard BranchAt the confluence with Grindle CreekNone•32Pitt County (Unincorporated Areas)
Approximately 0.8 mile upstream of David Nobles RoadNone•53
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TOWN OF BETHEL
Maps available for inspection at Pitt County Planning Department, Development Services Building, 1717 West 5th Street, Greenville, North Carolina.
Send comments to Mr. Greg Zephir, Bethel Town Administrator, P.O. Box 337, Bethel, North Carolina 27812.
Town of Falkland
Maps available for inspection at the Town of Falkland Community Building, Main Street, Falkland, North Carolina.
Send comments to the Honorable J.P. Stanzil, Mayor of the Town of Falkland, P.O. Box AO, Falkland, North Carolina 27827.
Town of Fountain
Maps available for inspection at the Fountain Town Hall, 6777 West Wilson, Fountain, North Carolina.
Send comments to the Honorable Shirley Mitchell, Mayor of the Town of Fountain, P.O. Box 134, Fountain, North Carolina 27829.
City of Greenville
Maps available for inspection at the Greenville Community Planning Development Building, 306 South Green Street, Greenville, North Carolina.
Send comments to Mr. Marvin Davis, Greenville City Manager, P.O. Box 7207, Greenville, North Carolina 27835.
Pitt County Unincorporated Areas
Maps available for inspection at the Pitt County Planning Department, Development Services Building, 1717 West 5th Street, Greenville, North Carolina.
Send comments to Mr. Scott Elliot, Pitt County Manager, 1717 West 5th Street, Greenville, North Carolina 27834.
Village of Simpson
Maps available for inspection at the Pitt County Planning Department, Development Services Building, 1717 West 5th Street, Greenville, North Carolina.
Send comments to the Honorable Tracey Mayo, Mayor of the Village of Simpson, P.O. Box 10, Simpson, North Carolina 27879.
PENNSYLVANIA
Allegheny County (All Jurisdictions)
Chartiers CreekAt the upstream side of Ingram AvenueNone•748Township of Robinson, Borough of Crafton, Borough of Rosslyn Farms, Borough of Thornburg
Approximately 300 feet downstream of Chartiers AvenueNone•754
BOROUGH OF CRAFTON
Maps available for inspection at the Crafton Borough Hall, 100 Stotz Avenue, Pittsburgh, Pennsylvania.
Send comments to Mr. Stephen Vincenti, Crafton Borough Manager, 100 Stotz Avenue, Pittsburgh, Pennsylvania 15205.
Township of Robinson
Maps available for inspection at Robinson Township Municipal Building, 1000 Church Hill Road, Pittsburgh, Pennsylvania.
Send comments to Mr. William L. Blumling, Chairman of the Robinson Township Board of Commissioners, 1000 Church Hill Road, Pittsburgh, Pennsylvania 15205.
Borough of Rosslyn Farms
Maps available for inspection at Rosslyn Farms Borough Municipal Office, 421 Kings Highway, Carnegie, Pennsylvania.
Send comments to Mr. Thomas B. Trebilcock, Rosslyn Farms Borough Council President, 421 Kings Highway, Carnegie, Pennsylvania 15106.
Borough of Thornburg
Maps available for inspection at the Thornburg Borough Office, 235 Tech Road, Pittsburgh, Pennsylvania.
Send comments to The Honorable Thomas P. Gordon, Mayor of the Borough of Thornburg, 235 Tech Road, Pittsburgh, Pennsylvania 15205.
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(Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”)

Dated: August 30, 2002.

Anthony S. Lowe,

Administrator, Federal Insurance and Mitigation Administration.

End Signature End Part End Supplemental Information

[FR Doc. 02-22821 Filed 9-6-02; 8:45 am]

BILLING CODE 6718-04-P