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Proposed Rule

Proposed Flood Elevation Determinations

Document Details

Information about this document as published in the Federal Register.

Published Document

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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.

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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 Start Printed Page 17038Federal, 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 (NAVD)Communities affected
ExistingModified
NEW JERSEY
Bergen County
Musquapsink BrookApproximately 2,600 feet upstream of confluence with Pascack Brook at Saddle River Road*39 *241*38 *243Boroughs of Emerson, Westwood, Hillsdale, Woodcliff Lake, Paramus, Township of Washington.
Pascack BrookApproximately 0.71 mile downstream of Brookside Avenue Approximately 1,300 feet from the upstream side of Magnolia Avenue*25 204*26 *205Boroughs of Emerson, River Vale, Hillsdale, Woodcliff Lake, Park Ridge, Montvale, Harrington Park.
Musquasink Brook By-PassAt the confluence of Musquapsink Brook Just downstream of Washington Lake Dam South*59 *63*60 *68Township of Washington.
Tandy BrookAt the confluence with Pascask Brook Approximately 375 feet downstream of Saddlewood Drive*62 *62*63 *63Borough of Hillsdale.
Westdale BrookAt the confluence with Pascack Brook Approximately 1,740 feet from upstream side of Harding Avenue*57 *57*59 *59Borough of Westwood.
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.
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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 CreekAt the confluence with McKinzie PondNone•9Brunswick County
Approximately 675 feet downstream of West Boiling Spring RoadNone•50(Unincorporated Areas), City of Boiling Spring Lakes.
Alligator BranchAt the confluence with Hood CreekNone•19Brunswick County (Unincorporated Areas).
Approximately 0.5 mile downstream of Interstate 74/76None•60
Batarora BranchAt the confluence with Hood CreekNone•31Brunswick County (Unincorporated Areas).
Approximately 1,500 feet upstream of NC Highway 87None•36
Batarora Branch TributaryAt the confluence with Batarora BranchNone•36Brunswick County (Unincorporated Areas).
Approximately 1.3 miles upstream of the confluence with Batarora BranchNone•59
Beaverdam Creek (near Henrytown)At the confluence with Town CreekNone•12Brunswick County (Unincorporated Areas).
Approximately 1.5 miles upstream of Town Creek Road NortheastNone•66
Beaverdam Creek (near Southport)Approximately 1.0 mile upstream of the confluence with Intracoastal WaterwayNone•11Brunswick County (Unincorporated Areas), Town of St. James
At the confluence with Beaverdam SwampNone•12
Beaverdam SwampAt the confluence with Beaverdam Creek (near Southport)None•12Brunswick County (Unincorporated Areas), Town of St. James.
Approximately 1,650 feet upstream of Committee Drive SoutheastNone•46
Bell SwampAt the confluence with Mill Creek (near Winnabow)None•10Brunswick County (Unincorporated Areas).
Approximately 2.0 miles upstream of Cherrytree Road NortheastNone•52
Bishop BranchAt the confluence with Morgan CreekNone•9Brunswick County (Unincorporated Areas), Town of Leland.
Approximately 0.3 mile upstream of Pinecliff Drive NortheastNone•64
Cape Fear RiverApproximately 1.1 miles downstream of the intersection of Pender, New Hanover, and Brunswick County boundaryNone•7Brunswick County (Unincorporated Areas), Town of Navassa.
At the Brunswick/Columbus County boundaryNone•14
Cherry Tree SwampAt the confluence with Bell SwampNone•27Brunswick County (Unincorporated Areas).
Approximately 1.4 miles upstream of Cherrytree Road NortheastNone•62
Cottage CreekApproximately 1,000 feet downstream of 9th StreetNone•10Brunswick County (Unincorporated Areas), City of Southport.
Approximately 550 feet upstream of 11th StreetNone•20
Daw's CreekApproximately 850 feet upstream of the confluence with Town CreekNone•9Brunswick County (Unincorporated Areas).
Approximately 0.9 mile upstream of Daw's Creek RoadNone•16
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Dutchman Creek (north of CP&L Canal)At the confluence with CP&L CanalNone•10Brunswick County (Unincorporated Areas), City of Southport.
Approximately 1.9 miles upstream of 211None•32
Gapway Creek County boundaryAt the Brunswick/ColumbusNone•45Brunswick County (Unincorporated Areas).
Approximately 2.7 miles upstream of the Brunswick/Columbus County lineNone•64
Governors CreekAt the confluence with Walden CreekNone•8Brunswick County (Unincorporated Areas).
Approximately 2.3 miles upstream of unnamed roadNone•8
Harris SwampAt the confluence with Mill Creek (near Winnabow)None•11Brunswick County (Unincorporated Areas).
Approximately 2.5 miles upstream of NC Highway 87None•27
Hood CreekAt the confluence with Cape Fear RiverNone•10Brunswick County (Unincorporated Areas).
Approximately 1.9 miles upstream of NC Highway 87None•61
Hood Creek TributaryAt the confluence with Hood CreekNone•29Brunswick County (Unincorporated Areas).
Approximately 300 feet upstream of Malmo Lake Road NortheastNone•55
Jackeys CreekApproximately 0.3 mile downstream of NC 17•13•10Brunswick County (Unincorporated Areas), Town of Leland.
Just upstream of abandoned railroad•18•17
Jackeys Creek TributaryAt the confluence with Jackeys Creek•18•16Brunswick County (Unincorporated Areas), Town of Leland.
Approximately 425 feet upstream of Lanvale Road NortheastNone•39
Lewis BranchAt the confluence with Lewis SwampNone•20Brunswick County (Unincorporated Areas).
Approximately 1.6 miles upstream of Lewis Swamp Road NortheastNone•62
Lewis SwampAt the confluence with Town CreekNone•14Brunswick County (Unincorporated Areas).
Approximately 2.7 miles upstream of Beetree Farm TrailNone•65
Lewis Swamp TributaryAt the confluence with Lewis SwampNone•32Brunswick County (Unincorporated Areas).
Approximately 1.5 miles upstream of the confluence with Lewis SwampNone•52
Liliput CreekApproximately 1,450 feet of State Route 133None•9Brunswick County (Unincorporated Areas).
At the confluence with Allen CreekNone•9
Little Mallory CreekApproximately 100 feet State Route 133None•9Brunswick County (Unincorporated Areas).
Approximately 250 feet upstream of Wire RoadNone•21
Livingston CreekApproximately 1.2 miles downstream of Columbus/Brunswick borderNone•52Brunswick County (Unincorporated Areas).
At Columbus/Brunswick County borderNone•59
McKinzie CreekAt the confluence with Allen Creek/McKinzie PondNone•9Brunswick County (Unincorporated Areas).
Approximately 570 feet upstream of Funston Road SoutheastNone•25
Mill Creek (near Leland)Approximately 0.8 mile upstream of the confluence with Sturgeon CreekNone•7Brunswick County (Unincorporated Areas), Town of Leland, Town of Navassa.
Approximately 250 feet upstream of Post Office Road NorthwestNone•9
Mill Creek (near Winnabow)At the confluence with Rice CreekNone•10Brunswick County (Unincorporated Areas).
Approximately 1.7 miles upstream of Old Mill Creek Road SoutheastNone•24
Morgan CreekApproximately 0.3 mile of the confluence with Town CreekNone•9Brunswick County (Unincorporated Areas), Town of Leland.
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Approximately 0.8 miles upstream of Hewitt-Burton Road SoutheastNone•21
Nancy's CreekAt the confluence with Walden CreekNone•8Brunswick County (Unincorporated Areas).
Approximately 0.6 mile upstream of railroad crossingNone•8
Nigis CreekAt the confluence with Walden CreekNone•8Brunswick County (Unincorporated Areas).
Approximately 2.0 miles upstream of unnamed roadNone•26
Orton CreekApproximately 50 feet downstream of Plantation Road SoutheastNone•9Brunswick County (Unincorporated Areas).
Approximately 1.5 miles upstream of NC 87None•44
Prices CreekAt East Moore StreetNone•9Brunswick County (Unincorporated Areas), City of Southport.
Approximately 1,750 feet upstream of East Leonard StreetNone•13,
Rattlesnake BranchAt the confluence with Hood CreekNone•14Brunswick County (Unincorporated Areas), City of Northwest.
Approximately 250 feet upstream of Saw Mill RoadNone•36
Rice CreekApproximately 1.9 miles downstream of Governors Road SoutheastNone•9Brunswick County (Unincorporated Areas).
At the confluence with Mill Creek (near Winnabow)None•10
Russells CreekAt the confluence with Town CreekNone•9Brunswick County (Unincorporated Areas).
Approximately 0.3 mile upstream of Irvine Trail NortheastNone•47
Sand Hill CreekApproximately 0.8 mile upstream of the confluence with Cape Fear RiverNone•9Brunswick County (Unincorporated Areas).
Approximately 800 feet upstream of State Route 133None•12
Town CreekApproximately 600 feet downstream of the confluence with Russells CreekNone•9Brunswick County (Unincorporated Areas).
Approximately 2.6 miles upstream of Town Creek Road NortheastNone•63
Turkey BranchAt the confluence with Town CreekNone•15Brunswick County (Unincorporated Areas).
Approximately 0.5 mile upstream of Patrick Drive NortheastNone•61
Walden CreekApproximately 0.4 mile of the confluence with Governors CreekNone•9Brunswick County downstream (Unincorporated Areas).
Approximately 0.6 mile upstream of the confluence with White Spring CreekNone•8
White Spring CreekAt the confluence with Walden CreekNone•8Brunswick County (Unincorporated Areas).
Approximately 100 feet downstream of railroadNone•8
Atlantic OceanApproximately 500 feet south of the intersection of Southeast 52nd Street and East Pelican Drive in the Town of Oak Island•22•21Brunswick County (Unincorporated Areas), Town of Caswell Beach, Village of Bald Head Island, Town of Oak Island
Along Bay Creek at the confluence with Deer Creek•11•14
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.
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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.”)

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Dated: March 29, 2005.

David I. Maurstad,

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

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

BILLING CODE 9110-12-P