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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.

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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.

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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.Start Printed Page 75497

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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 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.

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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:

Source of floodingLocation# Depth in feet above ground. *Elevation in feet (NGVD). • Elevation in feet (NACD).Communities affected
ExistingModified
NORTH CAROLINA
Onslow County
Atlantic OceanAt intersection of Chadwick Access Road and Carroll Street•6•8Onslow County (Unincorporated Areas).
Approximately 1,500 feet northeast of the intersection of Canal Street and 1st Street•10•11
Atlantic OceanApproximately 0.55 mile north of the intersection of 2nd Avenue and Highway 210•11•8Town of North Topsail Beach.
At intersection of Heron Cam Court and Highway 210•11•12
Back SwampAt Duplin/County boundaryNone•57Onslow County (Unincorporated Areas).
Approximately 0.7 mile upstream of Dell Brock RoadNone•90
Back SwampAt confluence with Back SwampNone•58Onslow County (Unincorporated Areas).
Tributary 1Approximately 0.8 mile upstream of Futrell RoadNone•85
Back SwampAt confluence with Back SwampNone•60Onslow County (Unincorporated Areas).
Tributary 3Approximately 2.2 miles upstream of the confluence with Back SwampNone•85
Back SwampAt confluence with Back SwampNone•66Onslow County (Unincorporated Areas).
Tributary 6Approximately 1.4 miles upstream of the confluence with Back SwampNone•81
Back SwampAt confluence with Back SwampNone•66Onslow County (Unincorporated Areas).
Tributary 7Approximately 1.3 miles upstream of the confluence with Back SwampNone•79
Back SwampAt confluence with Back SwampNone•70Onslow County (Unincorporated Areas).
Tributary 8Approximately 0.8 mile upstream of the confluence with Back SwampNone•79
Back SwampAt confluence with Back SwampNone•71Onslow County (Unincorporated Areas).
Tributary 9Approximately 250 feet upstream of Haw Branch RoadNone•82
Back SwampAt confluence with Back SwampNone•78Onslow County (Unincorporated Areas).
Tributary 10Approximately 0.9 mile upstream of the confluence with Back SwampNone•89
Back SwampAt confluence with Back SwampNone•81Onslow County (Unincorporated Areas).
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Tributary 11Approximately 0.5 mile upstream of the confluence with Back SwampNone•85
Big Shakey SwampAt confluence with Juniper SwampNone•43Onslow County (Unincorporated Areas).
Approximately 2.1 miles upstream of the confluence with Juniper SwampNone•50
Cypress BranchAt the Onslow/Pender County boundary•6•8Town of Holly Ridge, Onslow County (Unincorporated Areas).
Approximately 1.2 miles upstream of the Bishop RoadNone•34
Flat SwampAt confluence with Juniper SwampNone•37Town of Holly Ridge, Onslow County (Unincorporated Areas).
Approximately 2.3 miles upstream of Preston Wells RoadNone•61
Holly Shelter CreekAt the Onslow/Pender County boundaryNone•36Onslow County (Unincorporated Areas).
Approximately 0.2 mile downstream of Hardy Graham RoadNone•62
Juniper SwampAt the Onslow/Pender County boundaryNone•35Onslow County (Unincorporated Areas).
Approximately 4.7 miles upstream of State Highway 50None•55
Juniper SwampAt the confluence with Juniper SwampNone•37Onslow County (Unincorporated Areas).
Tributary 1Approximately 350 Areas) feet upstream of U.S. Highway 50None•43
Juniper SwampAt the confluence with Juniper SwampNone•44Onslow County (Unincorporated Areas).
Tributary 2Approximately 1.6 miles upstream of the confluence with Juniper SwampNone•59
Kings CreekAt the confluence with Kings Creek•6•8Onslow County (Unincorporated Areas).
Tributary 1Approximately 2.1 miles upstream of Holly Ridge-Sneads Ferry RoadNone•57
Moores CreekAt the Onslow/Pender County boundaryNone•43Onslow County (Unincorporated Areas).
Approximately 1.6 miles upstream of Andemora RoadNone•66
Moores CreekAt the Onslow/Pender County boundaryNone•51Onslow County (Unincorporated Areas).
Tributary 1Approximately 1.0 mile upstream of Tomahawk RoadNone•78
Moores CreekAt the ONslow/Pender County boundaryNone•47Onslow County (Unincorporated Areas).
Tributary 2Approximately 570 feet upstream of NC Highway 53None•56
Moores CreekAt the confluence with Moores CreekNone•44Onslow County (Unincorporated Areas).
Tributary 3Approximately 1.2 miles upstream of the confluence with Moores CreekNone•62
Moores CreekAt the confluence with Moores CreekNone•46Onslow County (Unincorporated Areas).
Tributary 4Approximately 385 Areas) feet upstream of NC Highway 53None•69
Moores CreekAt the confluence with Moores Creek Tributary 4None•52Onslow County (Unincorporated Areas).
Tributary 5Approximately 0.7 mile upstream of Andemora RoadNone•70
Ninemile CreekAt the Duplin/Onslow County boundaryNone•54Onslow County (Unincorporated Areas).
Approximately 0.2 mile downstream of Davis RoadNone•76
Sandy Run SwampAt the Onslow/Pender County boundaryNone•29Onslow County (Unincorporated Areas).
Approximately 0.9 mile upstream of Haws Run RoadNone•45
Sandy Run SwampAt the confluence with Sandy Run SwampNone•41Onslow County (Unincorporated Areas).
Tributary 1Approximately 1.5 miles upstream of the confluence with Sandy Run SwampNone•45
Shelter Swamp CreekAt the Onslow/Pender County boundaryNone•34Onslow County (Unincorporated Areas).
Approximately 3.2 miles upstream of South Coston RoadNone•56
Shelter Swamp CreekAt the confluence of Shelter SwampNone•41Onslow County (Unincorporated Areas).
Tributary 1Approximately 0.8 mile upstream of the confluence with Shelter Swamp CreekNone•41
Stump Sound within the Cape Fear River BasinApproximately 0.23 mile south of the intersection of Morris Landing Road and Hardison Road•6•8Onslow County (Unincorporated Areas).
Along the shoreline at Thomas Landing (at the mouth of Turkey Creek)•8•11
Tenmile SwampAt the confluence with Ninemile CreekNone•55Onslow County (Unincorporated Areas).
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Approximately 1.3 miles upstream of Swinson RoadNone•74
Town of Holly Ridge
Maps available for inspection at the Holly Ridge Town Hall, 212 Dyson Street, Holly Ridge, North Carolina.
Send comments to The Honorable Elmer Padgett, Mayor of the Town of Holly Ridge, P.O. Box 145, Holly Ridge, North Carolina 28445.
Town of North Topsail Beach
Maps available for inspection at the North Topsail Beach Town Hall, 2008 Loggerhead Court, North Topsail Beach, North Carolina.
Send comments to The Honorable Rodney Knowles, Mayor of the Town of North Topsail Beach, 2008 Loggerhead Court, North Topsail Beach, North Carolina 28460.
Onslow County (Unincorporated Areas)
Maps available for inspection at the Onslow County Floodplain Administration, 604 College Street, Jacksonville, North Carolina.
Send comments to Mr. Ronald Lewis, Onslow County Manager, 118 Old Bridge Street, Jacksonville, North Carolina 28540-4259.
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(Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”)

December 8, 2004.

David I. Maurstad,

Acting Director, Mitigation Division, Emergency Preparedness and Response Directorate.

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[FR Doc. 04-27622 Filed 12-16-04; 8:45 am]

BILLING CODE 9110-12-P