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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), 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 Start Printed Page 12325National 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.

Start Further Info

FOR FURTHER INFORMATION CONTACT:

Doug Bellomo, P.E., Hazard Identification Section, FEMA, 500 C Street, SW., Washington, DC 20472, (202) 646-2903.

End Further Info End Preamble Start Supplemental Information

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 elevations 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 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 13132, Federalism

This rule involves no policies that have federalism implications under Executive Order 13132.

Executive Order 12988, Civil Justice Reform

This rule meets the applicable standards of Executive Order 12988.

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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
NORTH CAROLINA
Anderson CreekAt the confluence with Lower Little RiverNone•103Unincorported Areas of Harnett County.
At the confluence with North Prong Anderson Creek and South Prong Anderson CreekNone•137
Tributary 1At the confluence with Anderson CreekNone•129Unincorporated Areas of Harnett County.
Approximately 0.7 mile upstream of Elliott Bridge RoadNone•136
Avents CreekApproximately 0.7 mile upstream of the confluence with Cape Fear River•142•141Unincorporated Areas of Harnett County.
Approximately 0.8 mile upstream of Oakridge River RoadNone•235
Barbeque CreekAt the confluence with Upper Little RiverNone•193Unincorporated Areas of Harnett County.
Approximately 520 feet upstream of NC State Route 27None•280
Beaver CreekAt the Moore/Lee/Harnett County boundaryNone•309Unincorporated Areas of Harnett County.
Approximately 1.3 miles upstream of the Harnett/Moore County boundaryNone•409
Big Branch (into Barbeque Creek)At the confluence with Barbeque CreekNone•214Unincorporated Areas of Harnett County.
Approximately 0.5 mile upstream of McCormick RoadNone•252
Big Branch (into Black River)At the confluence with Black RiverNone•206Unincorporated Areas of Harnett County.
Approximately 0.8 mile upstream of Johnson RoadNone•219
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Black RiverAt the Harnett/Cumberland County boundaryNone•139Unincorporated Areas of Harnett County, City of Dunn, Town of Angier.
Approximately 2.1 miles upstream of Guy RoadNone•260
Buffalo CreekAt the Harnett/Moore County boundaryNone•218Unincorporated Areas of Harnett County.
At the confluence with Duncan CreekNone•251
Tributary 2At the confluence with Buffalo CreekNone•220Unincorporated Areas of Harnett County.
Approximately 2.6 miles upstream of Hillmon Grove RoadNone•276
Tributary 3At the confluence with Buffalo CreekNone•239Unincorporated Areas of Harnett County.
Approximately 1.4 miles upstream of the confluence with Buffalo CreekNone•292
Buffalo Meadows CreekAt the confluence with Anderson CreekNone•120Unincorporated Areas of Harnett County.
Approximately 1.3 miles upstream of the confluence with Anderson CreekNone•140
Buies CreekAt the upstream side of Sheriff Johnson RoadNone•176Unincorporated Areas of Harnett County.
Approximately 0.8 mile upstream of Sheriff Johnson RoadNone•184
Camels CreekApproximately 1.1 miles upstream of the confluence with Cape Fear River•142•143Unincorporated Areas of Harnett County.
Approximately 0.9 mile upstream of Cool Springs RoadNone•245
Cedar CreekApproximately 0.8 mile upstream of the confluence with Cape Fear RiverNone•198
Approximately 2.9 miles upstream of the confluence with Cape Fear RiverNone•198
Cypress Creek (into Crane Creek)At the Moore/Harnett County boundaryNone•228Unincorporated Areas of Harnett County.
Approximately 1.8 miles upstream of Cypress RoadNone•265
Cypress Creek (into Gum Swamp)At the confluence with Gum SwampNone•239Unincorporated Areas of Harnett County.
Approximately 1.5 miles upstream of the confluence with Lower RunNone•307
Daniels CreekApproximately 0.9 mile upstream of the confluence with Cape Fear RiverNone•148Unincorporated Areas of Harnett County.
Approximately 5.8 miles upstream of the confluence with Cape Fear RiverNone•244
Dry CreekAt the confluence with Gum SwampNone•232Unincorporated Areas of Harnett County.
Approximately 1.1 miles upstream of the confluence with Gum SwampNone•249
Duncans CreekAt the confluence with Buffalo CreekNone•251Unincorporated Areas of Harnett County.
At the confluence with Duncans Creek Tributary 1None•265
Tributary 1At the confluence with Duncans CreekNone•265Unincorporated Areas of Harnett County.
Approximately 0.4 mile upstream of the confluence with Duncans CreekNone•274
East Buies CreekApproximately 100 feet upstream Sheriff Johnson RoadNone•196Unincorporated Areas of Harnett County.
Approximately 1.2 miles upstream of Sheriff Johnson RoadNone•205
Gum SwampAt the confluence with Barbeque CreekNone•222Unincorporated Areas of Harnett County.
Approximately 0.8 mile upstream of Ponderosa RoadNone•281
Hector Creek (into Cape Fear River)At the downstream side of Christian Light•135•136Unincorporated Areas of Harnett County.
Approximately 1,200 feet downstream of Rawls Church RoadNone•240
Hector Creek (into Little River)At the Harnett/Cumberland/Moore County boundaryNone•193Unincorporated Areas of Harnett County.
Approximately 1.6 miles upstream of the Harnett/Cumberland/Moore County boundaryNone•226
Jumping Run CreekApproximately 1.8 miles downstream of the Harnett/Cumberland County boundaryNone•141Unincorporated Areas of Harnett County. Start Printed Page 12327
At the Reedy Swamp/McLeod Creek confluencesNone•194
Jumping Run Creek
Tributary 1At the confluence with Jumping Run CreekNone•177Unincorporated Areas of Harnett County.
Approximately 0.2 mile upstream of the confluence with Jumping Run Creek Tributary 2None•199
Tributary 2At the confluence with Jumping Run Creek Tributary 1None•193Unincorporated Areas of Harnett County.
Approximately 400 feet upstream of the confluence with Jumping Run Creek Tributary 1None•195
Juniper Creek (into Black River Tributary 1)At the confluence with Juniper Creek (into Black River)None•191Unincorporated Areas of Harnett County, City of Dunn.
Approximately 0.5 mile upstream of the confluence with Juniper Creek (into Black River)None•197
Juniper Creek (into Black River)Approximately 600 feet upstream of the confluence with Black RiverNone•159Unincorporated Areas of Harnett County, City of Dunn.
Approximately 340 feet upstream of Friendly RoadNone•213
Kates CreekAt the confluence with North Prong Anderson CreekNone•155Unincorporated Areas of Harnett County.
Approximately 0.4 mile upstream of Elliott Bridge RoadNone•172
Kenneth CreekAt the confluence with Neals CreekNone•202Unincorporated Areas of Harnett County.
At the Wake/Harnett County boundaryNone•256
Lower-Little RiverApproximately 1.1 miles upstream of Mill RoadNone•103Unincorporated Areas of Harnett County.
Approximately 750 feet downstream of McCormick Bridge Road (At the Harnett/Cumberland County boundary)None•135
Lower RunAt the confluence with Cypress Creek (into Gum SwampNone•272Unincorporated Areas of Harnett County.
Approximately 0.9 mile upstream of the confluence with Cypress Creek (into Gum Swamp)None•338
McDougald BranchAt the confluence with Cypress Creek (into Crane Creek)None•234Unincorporated Areas of Harnett County.
At the confluence with McDougald Branch Tributary 1None•249
Tributary 1At the confluence with McDougald BranchNone•249Unincorporated Areas of Harnett County.
Approximately 0.5 mile upstream of the confluence with McDougald BranchNone•274
McLeans CreekAt the confluence with Upper Little RiverNone•136Unincorporated Areas of Harnett County.
Approximately 800 feet downstream of Thompson RoadNone•154
McLeod CreekAt the confluence with Jumping Run Creek and Reedy SwampNone•194Unincorporated Areas of Harnett County.
Approximately 2.8 miles upstream of the confluence with Jumping Run Creek and Reedy SwampNone•247
Mill CreekAt the confluence with Avents CreekNone•152Unincorporated Areas of Harnett County.
Approximately 0.8 mile upstream of the confluence with Avents CreekNone•183
Mingo SwampAt the Cumberland/Sampson/Harnett County boundaryNone•134Unincorporated Areas of Harnett County.
Approximately 0.7 mile upstream of Red Hill Church RoadNone•255
Mingo SwampAt the confluence with Mingo SwampNone•179Unincorporated Areas of Harnett County.
Approximately 500 feet upstream of I-95None•234
Mire BranchAt the confluence with Barbeque CreekNone•249Unincorporated Areas of Harnett County.
Approximately 0.7 mile upstream of NC State Route 87None•279
Muddy CreekAt the Cumberland/Harnett County boundaryNone•175Unincorporated Areas of Harnett County.
Approximately 2.3 miles upstream of the confluence with Muddy Creek Tributary 3None•244
Tributary 1At the confluence with Muddy CreekNone•186Unincorporated Areas of Harnett County.
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Approximately 1.2 miles upstream of the confluence with Muddy CreekNone•222
Tributary 2At the confluence with Muddy CreekNone•199Unincorporated Areas of Harnett County.
Approximately 1.4 miles upstream of the confluence with Muddy CreekNone•222
Tributary 3At the confluence with Muddy CreekNone•207Unincorporated Areas of Harnett County.
Approximately 1.0 mile upstream of the confluence with Muddy CreekNone•250
Neals CreekAt the downstream side of Route 401•131•130Unincorporated Areas of Harnett County.
At the Wake/Harnett County boundaryNone•264
Tributary 1At the confluence with Neals CreekNone•221Unincorporated Areas of Harnett County.
Approximately 0.4 mile upstream of Chalybeate Springs RoadNone•242
North Prong Anderson CreekAt the confluence with Anderson Creek and South Prong Anderson CreekNone•137Unincorporated Areas of Harnett County.
Approximately 0.9 mile upstream of Powell Farm RoadNone•225
Tributary 1At the confluence with North Prong Anderson CreekNone•152Unincorporated Areas of Harnett County.
Approximately 0.6 mile upstream of the confluence with North Prong Anderson CreekNone•158
Parker CreekApproximately 0.3 miles upstream of the confluence with Cape Fear RiverNone•151Unincorporated Areas of Hartnett County.
Approximately 3.9 miles upstream of the confluence with Cape Fear RiverNone•237
Reedy BranchAt the confluence with Cypress Creek (into Crane Creek)None•237Unincorporated Areas of Harnett County.
Approximately 1.8 miles upstream of Cypress RoadNone•282
Reedy SwampAt the confluence with Jumping Run Creek and McLeod CreekNone•194Unincorporated Areas of Harnett County.
Approximately 300 feet downstream of Buffalo Lake RoadNone•302
South Prong Anderson CreekAt the confluence with Anderson CreekNone•137Unincorporated Areas of Harnett County.
Approximately 0.7 mile upstream of Bernard StreetNone•187
Tributary 1At the confluence with South Prong Anderson CreekNone•156Unincorporated Areas of Harnett County.
Approximately 1.0 mile upstream of the confluence with South Prong Anderson CreekNone•168
Stewarts CreekApproximately 100 feet upstream of Ashe AvenueNone•163Unincorporated Areas of Harnett County.
Approximately 1.4 miles upstream of Ashe AvenueNone•183
Tributary 1At the confluence with Stewarts CreekNone•166Unincorporated Areas of Harnett County.
Approximately 0.4 mile upstream of Daniels RoadNone•184
Stony Run Tributary #1Approximately 500 feet upstream of the confluence with Stony RunNone•190Unincorporated Areas of Harnett County.
Approximately 0.9 mile upstream of the confluence with Stony RunNone•198
Tributary 1At the confluence with Little RiverNone•134Unincorporated Areas of Harnett County.
Approximately 0.3 mile upstream of Rambeaut RoadNone•170
Tributary 2Approximately 800 feet downstream of Rambeaut RoadNone•175Unincorporated Areas of Harnett County.
Approximately 100 feet downstream of Rambeaut RoadNone•181
Upper Little RiverApproximately 300 feet upstream of the confluence with Cape Fear RiverNone•190Unincorporated Areas of Harnett County.
At the Lee/Harnett County boundaryNone•240
Walkers CreekAt the confluence with Upper Little RiverNone•157Unincorporated Areas of Harnett County.
Approximately 340 feet upstream of Tim Currin RoadNone•201
West Buies CreekApproximately 1,000 feet upstream of East Cornelius Harnett BoulevardNone•155Unincorporated Areas of Harnett County.
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Approximately 1.6 miles upstream of Sheriff Johnson RoadNone•216
City of Dunn
Maps are available for inspection at the Dunn Town Hall, 401 East Broad Street, Dunn, North Carolina.
Send comments to The Honorable John Snipes, Mayor of the City of Dunn, P.O. Box 1065, Dunn, North Carolina 28335.
Town of Angier
Maps are available for inspection at the Angier Town Hall, 55 North Broad West, Angier, North Carolina.
Send comments to The Honorable Wanda Gregory, Mayor of the Town of Angier, P.O. Box 278, Angier, North Carolina 27501-0278.
Unincorporated Areas of Harnett County
Maps are available for inspection at the Harnett County Planning Department, 102 East Front Street, Lillington, North Carolina.
Send comments to Mr. Neil Emory, Harnett County Manager, P.O. Box 759, Lillington, North Carolina 27546.
Orange County
Cates CreekApproximately 1,800 feet upstream of the confluence with Eno River•500•499Town of Hillsborough, Orange County (Unincorporated Areas).
Approximately 0.8 mile upstream of U.S. Highway 40None•660
TributaryAt the confluence with Cates Creek•596•595Town of Hillsborough, Orange County (Unincorporated Areas).
Approximately 0.5 mile upstream of Oak Ridge DriveNone•664
Crabtree CreekAt the confluence with Sevenmile CreekNone•539Orange County (Unincorporated Areas).
Approximately 1.8 miles upstream of the confluence with Sevenmile CreekNone•602
Dry CreekApproximately 250 feet upstream of the confluence with Eno RiverNone•552Orange County (Unincorporated Areas).
Approximately 0.9 mile upstream of the confluence with Eno RiverNone•589
East Fork Eno RiverApproximately 215 feet upstream of NC 1352None•628Orange County (Unincorporated Areas).
Approximately 100 feet downstream of NC 86None•668
Tributary 1Approximately 0.3 mile upstream of the confluence with East Fork Eno RiverNone•595Orange County (Unincorporated Areas).
Approximately 1.1 miles upstream of the confluence with East Fork Eno RiverNone•627
Tributary 2Approximately 0.5 mile upstream of the confluence with East Fork Eno RiverNone•618Orange County (Unincorporated Areas).
Approximately 0.5 mile upstream of NC 1352None•655
Forrest CreekApproximately 200 feet upstream of NC 57None•595Orange County (Unincorporated Areas).
Approximately 125 feet upstream of Phelps RoadNone•644
High Rock CreekApproximately 500 feet upstream of the confluence with Eno RiverNone•561Orange County (Unincorporated Areas).
Approximately 1,500 feet upstream of North Efland Cedar Grove RoadNone•640
Lick CreekApproximately 750 feet downstream of Gray RoadNone•545Orange County (Unincorporated Areas).
Approximately 1,600 feet upstream of Holly Ridge RoadNone•576
McGowan CreekAt North Lloyds Dairy Road•569•567Orange County (Unincorporated Areas).
Approximately 300 feet upstream of Frazier RoadNone•690
Little River North ForkApproximately 280 feet upstream of NC 57None•580Orange County (Unincorporated Areas).
Approximately 1,350 feet upstream of Hester RoadNone•671
Tributary 2At the confluence with Little River North ForkNone•591Orange County (Unincorporated Areas).
Approximately 1.1 miles upstream of Gates RoadNone•607
Tributary 3At the confluence with Little River North ForkNone•544Orange County (Unincorporated Areas).
Approximately 0.7 mile upstream of Sneed RoadNone•564
Rays CreekAt the confluence with Little River South ForkNone•593Orange County (Unincorporated Areas).
Approximately 1.1 miles upstream of Wilkerson RoadNone•632Start Printed Page 12330
Rays Creek TributaryAt the confluence with Rays CreekNone•607Orange County (Unincorporated Areas).
Approximately 1.0 mile upstream of Wilkerson RoadNone•628
Rhodes CreekApproximately 650 feet upstream of Cornwallis RoadNone•448Orange County (Unincorporated Areas).
Approximately 1.2 miles upstream of Cornwallis RoadNone•507
Sevenmile CreekApproximately 350 feet upstream of Interstate 85None•533Orange County (Unincorporated Areas).
Approximately 0.9 mile upstream of Pender DriveNone•622
Tributary 1At the confluence with Sevenmile CreekNone•539Orange County (Unincorporated Areas).
Approximately 1.5 miles upstream of the confluence with Sevenmile CreekNone•598
Tributary 2At the confluence with Sevenmile CreekNone•591Orange County (Unincorporated Areas).
Approximately 1,350 feet upstream of Bushy Cook RoadNone•642
Little River South ForkApproximately 200 feet upstream of NC 57None•552Orange County (Unincorporated Areas).
Approximately 60 feet upstream of Hawkins RoadNone•637
Strouds CreekApproximately 600 feet upstream of the confluence with Eno River•486•485Orange County (Unincorporated Areas).
Approximately 2,000 feet upstream of NC 86None•660
Tributary 1Approximately 1,760 feet downstream of NC 57None•590Orange County (Unincorporated Areas).
Approximately 1,080 feet upstream of Phelps RoadNone•661
Tributary 2At the confluence with Strouds Creek•520•519Orange County (Unincorporated Areas).
Approximately 0.7 mile upstream of Miller RoadNone•575
Tributary 3At the confluence with Strouds CreekNone•551Town of Hillsborough, Orange County (Unincorporated Areas).
Approximately 0.5 mile upstream of NC 57None•639
Tributary 1 to Sevenmile CreekAt the confluence with Sevenmile Creek Tributary 2None•627Orange County (Unincorporated Areas).
West Fork Eno RiverApproximately 200 feet upstream of Efland Cedar Grove RoadNone•592Orange County (Unincorporated Areas).
Approximately 350 feet upstream of McDade Store RoadNone•672
Tributary 1Approximately 600 feet upstream of the confluence with Eno RiverNone•579Orange County (Unincorporated Areas).
Approximately 0.5 mile upstream of Harmony Church RoadNone•650
Tributary 2At the confluence with West Fork Eno RiverNone•595Orange County (Unincorporated Areas).
Approximately 1,500 feet upstream of Governor Scott RoadNone•623
Tributary 3At the confluence with West Fork Eno RiverNone•643Orange County (Unincorporated Areas).
Approximately 1.7 miles upstream of the confluence with West Fork Eno RiverNone•681
Town of Hillsborough
Maps available for inspection at the Hillsborough Town Hall, 101 East Orange Street, Hillsborough, North Carolina.
Send comments to The Honorable Joe Phelps, Mayor of the Town of Hillsborough, P.O. Box 429, Hillsborough, North Carolina 27278.
Orange County (Unincorporated Areas)
Maps available for inspection at the Orange County Planning and Inspections Department, 306F Revere Road, Hillsborough, North Carolina.
Send comments to Mr. John M. Link, Jr., Orange County Manager, P.O. Box 8181, Hillsborough, North Carolina 27278.
Washington County
Conaby CreekApproximately 1.4 miles upstream of Roosevelt AvenueNone•24Unincorporated Areas of Washington County.
Approximately 1.6 miles upstream of Roosevelt AvenueNone•28
Conaby Creek TributaryAt the upstream side of Route 32None•25Unincorporated Areas of Washington County.
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Approximately 0.7 mile upstream of Askew LaneNone•31
Tributary 1Approximately 400 feet downstream of Shelly DriveNone•10Unincorporated Areas of Washington County, Town of Plymouth.
Approximately 0.8 mile upstream of Roxie Reese RoadNone•18
Tributary 1AApproximately 850 feet upstream of the confluence with Conaby Creek Tributary 1None•10Unincorporated Areas of Washington County, Town of Plymouth.
Approximately 1.4 miles upstream of the confluence with Conaby Creek Tributary 1None•11
Tributary to Conaby Creek TributaryJust upstream of Garrett Island RoadNone•14Unincorporated Areas of Washington County, Town of Plymouth.
Approximately 0.5 mile upstream of Garrett Island RoadNone•14
Welch CreekApproximately 4.7 miles upstream of the confluence with Roanoke RiverNone•8Unincorporated Areas of Washington County.
Approximately 2.3 miles upstream of the confluence with Welch Creek Tributary 2None•13
Welch Creek TributaryAt the upstream of Long Ridge RoadNone•20Unincorporated Areas of Washington County.
Approximately 0.4 mile upstream of Long Ridge RoadNone•22
Tributary 2At the confluence with Welch CreekNone•8Unincorporated Areas of Washington County.
Approximately 0.8 mile upstream of the confluence with Welch CreekNone•34
Town of Plymouth
Maps are available for inspection at the Plymouth Town Hall, 205 East Main Street, Plymouth, North Carolina.
Send comments to Mr. James Tripp, Plymouth Town Manager, P.O. Box 806, Plymouth, North Carolina 27962.
Unincorporated Areas of Washington County
Maps are available for inspection at the Washington County Permits, Inspections and Emergency Management, 120 Adams Street, Plymouth, North Carolina.
Send comments to Mr. David Peoples, Washington County Manager, P.O. Box 1007, Plymouth, North Carolina 27962.

(Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”)

Start Signature

David I. Maurstad,

Acting Director, Mitigation Division, Federal Emergency Management Agency.

End Signature End Part End Supplemental Information

[FR Doc. E6-3426 Filed 3-9-06; 8:45 am]

BILLING CODE 9110-12-P