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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.

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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.

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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

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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.

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[Amended]

2. The tables published under the authority of § 67.4 are proposed to be amended as follows:Start Printed Page 67136

Source of floodingLocation# Depth in feet above ground. *Elevation in feet (NGVD) • Elevation in feet (NAVD)Communities affected
ExistingModified
Alabama
Montgomery County (Unincorporated Areas) and City of Montgomery
Baldwin SloughAt the confluence with Catoma Creek*182*181City of Montgomery.
Approximately 600 feet upstream of Vaughn RoadNone*235
Catoma CreekJust upstream of Trotman Road*214*216Montgomery County (Unincorporated Areas).
Approximately 12.5 miles upstream of Trotman RoadNone*247
Catoma Creek Tributary 1Approximately 550 feet downstream of the most downstream crossing of Troy Highway*203*204City of Montgomery, Montogomery County (Unincorporated Areas).
Approximately 2.9 miles upstream of the most upstream crossing of Troy HighwayNone*233
Catoma Creek Tributary 1 Branch 1At the confluence with Catoma Creek Tributary 1None*206City of Montgomery.
Approximately 1.5 miles upstream of the confluence with Catoma Creek Tributary 1None*223
Catoma Creek Tributary 1 Branch 2At confluence with Catoma Creek Tributary 1None*208City of Montgomery.
Approximately 1.7 miles upstream of confluence with Catoma Creek Tributary 1None*234
Catoma Creek Tributary 1 and Branch 3At confluence with Catoma Creek Tributary 1None*212City of Montgomery.
Approximately 1.4 miles upstream of the confluence with Catoma Creek Tributary 1None*235
Dry CreekApproximately 200 feet downstream of Troy HighwayNone*247Montgomery County (Unincorporated Areas).
Approximately 0.9 mile upstream of Canty RoadNone*271
Jenkins CreekJust upstream of CSX TransportationNone*208City of Montgomery, Montgomery County (Unincorporated Areas).
Approximately 100 feet upstream of Vaughn RoadNone*222
Little Catoma CreekApproximately 1.25 miles upstream of Troy HighwayNone*220Montgomery County (Unincorporated Areas).
Just upstream of Old Hayneville RoadNone*268
Little Catoma Creek Tributary 1Approximately 300 feet upstream from the confluence with Little Catoma CreekNone*220Montgomery County (Unincorporated Areas).
Approximately 50 feet upstream of Old Pike RoadNone*259
Millies CreekJust upstream of CSX TransportationNone*215Montgomery County (Unincorporated Areas), City of Montgomery.
Approximately 50 feet upstream of Wallahatchie RoadNone*238
Oliver CreekApproximately 0.8 mile downstream of CSX Transportation*174*173City of Montgomery.
Approximately 100 feet upstream of Interstate Route 85None*237
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 SwampAt the confluence with Pungo SwampNone•20Beaufort County (Unincorporated Areas)
Approximately 0.6 mile upstream of confluence with Fork SwampNone•28
Back CreekApproximately 1.9 miles upstream of State Route 92None•9Beaufort County (Unincorporated Areas).
Approximately 3.0 miles upstream of State Route 92None•10
Bailey CreekApproximately 1.1 mile upstream of State Route 306None•9Beaufort County (Unincorporated Areas).
Approximately 150 feet upstream of railroadNone•12
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Blounts CreekAt the upstream side of the railroad•16•15Beaufort County (Unincorporated Areas).
Approximately 1.7 miles upstream of the railroadNone•23
Broomfield Swamp CreekApproximately 200 feet downstream of Broome RoadNone•7Beaufort County (Unincorporated Areas), Town of Aurora.
Approximately 0.4 mile upstream of Broome RoadNone•11
Cypress RunAt the upstream side of Idalia RoadNone•10Beaufort County (Unincorporated Areas).
Approximately 0.8 mile upstream of Idalia RoadNone•14
Duck CreekApproximately 0.4 mile upstream of Hawkins Beach RoadNone•9Beaufort County (Unincorporated Areas).
Approximately 200 feet upstream of Camp Leach RoadNone•9
Durham CreekApproximately 1.2 miles downstream of Durham Creek RoadNone•8Beaufort County (Unincorporated Areas).
Approximately 0.8 mile upstream of Walker RoadNone•37
Durham Creek TributaryAt the confluence with Durham CreekNone•12Beaufort County (Unincorporated Areas).
Approximately 50 feet downstream of Durham Creek Road•16•15
Durham Creek Tributary 2At the confluence with Durham CreekNone•21Beaufort County (Unincorporated Areas).
Approximately 1,875 feet upstream of Fork RoadNone•27
Fork SwampAt the confluence with Acre SwampNone•28Beaufort County (Unincorporated Areas).
Approximately 0.5 mile upstream of the railroadNone•35
Gum Swamp Run EastApproximately 0.4 mile upstream of confluence with South CreekNone•7Beaufort County (Unincorporated Areas).
Approximately 100 feet downstream of Bay City RoadNone•9
Harvey CreekAt the upstream side of Interstate Route 264None•19Beaufort County (Unincorporated Areas).
Approximately 1.0 mile upstream of Interstate Route 264None•25
Herring RunApproximately 100 feet downstream of Herring Run RoadNone•10Beaufort County (Unincorporated Areas).
Approximately 1.0 mile upstream of Gore Point RoadNone•17
Porter CreekApproximately 0.9 mile downstream of Louden RoadNone•8Beaufort County (Unincorporated Areas).
Approximately 100 feet downstream of Gray RoadNone•16
Poundpole Swamp BranchAt the confluence with Blounts CreekNone•15Beaufort County (Unincorporated Areas).
Approximately 0.6 mile upstream of Little Egypt RoadNone•33
Pungo SwampApproximately 0.5 mile upstream of Jones Bridge RoadNone•12Beaufort County (Unincorporated Areas).
Approximately 100 feet upstream of State Route 32None•25
Rowland CreekApproximately 100 feet upstream of Post RoadNone•9Beaufort County (Unincorporated Areas).
Approximately 2,000 feet upstream of Jackson Swamp RoadNone•11
South CreekApproximately 1,800 feet upstream of the confluence with Cypress RunNone•7Beaufort County (Unincorporated Areas).
Approximately 2.7 miles upstream of the confluence with Cypress RunNone•15
Tankard CreekApproximately 100 feet upstream of Boyd Loop RoadNone•13Beaufort County (Unincorporated Areas).
Approximately 1.2 miles upstream of Boyd Loop RoadNone•18
Upper Broad CreekAt the confluence with Durham Creek•27•26Beaufort County (Unincorporated Areas).
At the County boundaryNone•31
Whitehurst CreekApproximately 0.9 mile upstream of State Route 306None•7Beaufort County (Unincorporated Areas).
Approximately 0.5 mile upstream of Brantely Swamp RoadNone•11
Pamlico River/Pamlico Sound/Atlantic OceanIn the vicinity of the intersection of Austin Road and Cypress Swamp RoadNone•7Beaufort County (Unincorporated Areas).
Atlantic Ocean/Pamlico SoundAt the intersection of 9th Street and Boston Avenue•9•10City of Washington.
Bear CreekAt the upstream side of State Route 33None•27Beaufort County (Unincorporated Areas).
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Approximately 650 feet downstream of Hodges RoadNone•35
Bear Grass SwampAt the confluence with Tranters CreekNone•31Beaufort County (Unincorporated Areas).
Approximately 1,000 feet upstream of the confluence with Turkey SwampNone•31
Beaverdam SwampApproximately 50 feet upstream of Slatestone RoadNone•37Beaufort County (Unincorporated Areas).
Approximately 1.0 mile upstream of Slatestone RoadNone•46
Big SwampApproximately 50 feet upstream of Market Street Ext.None•31Beaufort County (Unincorporated Areas).
Approximately 1,000 feet upstream of J and W Tram RoadNone•44
Broad CreekAt Broad Creek Road•9•10Beaufort County (Unincorporated Areas).
Approximately 1.3 miles upstream of Broad Creek Road•9•10
Broad Creek TributaryAt the upstream side of Lizard Slip Road•14•15Beaufort County (Unincorporated Areas).
Approximately 1.4 miles upstream of Old Bath Highway•28•31
Chicod CreekApproximately 0.9 mile downstream of Dixon RoadNone•31Beaufort County (Unincorporated Areas).
At the confluence of Juniper SwampNone•43
Chocowinity CreekApproximately 450 feet downstream of the confluence of Morris RunNone•22Beaufort County (Unincorporated Areas).
Approximately 3.7 miles upstream of the confluence of Morris RunNone•40
Cindy Edwards BranchAt the upstream side of State Route 33None•17Beaufort County (Unincorporated Areas).
Approximately 1.0 mile upstream of State Route 33None•24
Creeping SwampApproximately 0.7 mile downstream of State Route 102None•34Beaufort County (Unincorporated Areas).
At the County boundaryNone•48
Gum SwampAt the upstream side of U.S. Interstate 17None•38Beaufort County (Unincorporated Areas).
Approximately 650 feet downstream of County boundaryNone•42
Gum Swamp Run WestApproximately 300 feet upstream of the confluence with Morris RunNone•26Beaufort County (Unincorporated Areas).
Approximately 1.5 miles upstream of the confluence with Morris RunNone•32
Hall SwampApproximately 50 feet upstream of Slatestone RoadNone•37Beaufort County (Unincorporated Areas).
Approximately 150 feet downstream of Bluebird LaneNone•39
Harding SwampAt the confluence with Juniper SwampNone•43Beaufort County (Unincorporated Areas).
Approximately 0.7 mile upstream of the confluence of Juniper SwampNone•47
Hills CreekAt the downstream side of Gilead Shores RoadNone•10Beaufort County (Unincorporated Areas).
Approximately 0.8 mile upstream of Gilead Shores RoadNone•13
Horse BranchAt the confluence with White BranchNone•14Beaufort County (Unincorporated Areas).
At Gray RoadNone•18
Horsepen SwampAt the confluence with Tranters CreekNone•16Beaufort County (Unincorporated Areas).
Approximately 1.4 miles upstream of Wards Bridge RoadNone•40
Joe BranchAt the upstream side of Possum Track RoadNone•43Beaufort County (Unincorporated Areas).
Approximately 1,500 fee upstream of Possum Track RoadNone•45
Maple BranchAt the upstream side of U.S. Highway 264•14•11Beaufort County (Unincorporated Areas), City of Washington.
Approximately 0.6 mile upstream of Farm PathNone•21
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Mitchell BranchAt U.S. Highway 264•12•14Beaufort County (Unincorporated Areas), City of Washington.
Approximately 160 feet upstream of Cherry Run RoadNone•21
Morris RunAt the confluence with Chocowinity CreekNone•22Beaufort County (Unincorporated Areas).
Approximately 1.8 miles upstream of State Route 33None•32
Old Ford SwampApproximately 1,250 feet downstream of Calf Branch Road•25•26Beaufort County (Unincorporated Areas).
Approximately 0.7 mile upstream of Calf Branch RoadNone•36
Pinelog BranchAt the confluence with Tranters CreekNone•29Beaufort County (Unincorporated Areas).
Approximately 0.8 mile upstream of Cherry Run RoadNone•30
Pineygrove BranchApproximately 100 feet upstream of Corsica RoadNone•27Beaufort County (Unincorporated Areas), City of Washington.
Approximately 2,000 feet upstream of Singleton RoadNone•33
Snoad BranchApproximately 600 feet downstream of Voa Road•18•19Beaufort County (Unincorporated Areas).
Approximately 1.4 miles upstream of Voa RoadNone•33
Tranters CreekApproximately 1,600 feet upstream of the confluence with Maple BranchNone•11Beaufort County (Unincorporated Areas).
At the confluence of Bear Grass SwampNone•31
White BranchAt the confluence with Chocowinity Creek•11•12Beaufort County (Unincorporated Areas).
At the downstream side of Gray RoadNone•16
•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.
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(Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”)

Dated: October 30, 2002.

Anthony S. Lowe,

Administrator, Federal Insurance and Mitigation Administration.

End Signature End Part End Supplemental Information

[FR Doc. 02-27969 Filed 11-01-02; 8:45 am]

BILLING CODE 6718-04-P