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Rule

Final Flood Elevation Determinations

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Information about this document as published in the Federal Register.

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AGENCY:

Federal Emergency Management Agency (FEMA), Department of Homeland Security, Mitigation Division.

ACTION:

Final rule.

SUMMARY:

Base (1% annual chance) Flood Elevations (BFEs) and modified BFEs are made final for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that each 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:

Effective Dates: The date of issuance of the Flood Insurance Rate Map (FIRM) showing BFEs and modified BFEs for each community. This date may be obtained by contacting the office where the maps are available for inspection as indicated on the table below.

ADDRESSES:

The final 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:

William R. Blanton, Jr., Engineering Management Section, Mitigation Division, 500 C Street SW., Washington, DC 20472, (202) 646-3151.

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SUPPLEMENTARY INFORMATION:

FEMA makes the final determinations listed below for the modified BFEs for each community listed. These modified elevations have been published in newspapers of local circulation and ninety (90) days have elapsed since that publication. The Mitigation Division Director has resolved any appeals resulting from this notification.

This final rule is issued in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part 67.

The Agency has developed criteria for floodplain management in floodprone areas in accordance with 44 CFR part 60.

Interested lessees and owners of real property are encouraged to review the proof Flood Insurance Study and FIRM available at the address cited below for each community.

The BFEs and modified BFEs are made final in the communities listed below. Elevations at selected locations in each community are shown.

National Environmental Policy Act. This rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Consideration. No environmental impact assessment has been prepared.

Regulatory Flexibility Act. As flood elevation determinations are not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-612, a regulatory flexibility analysis is not required.

Regulatory Classification. This final rule is not a significant regulatory action under the criteria of Section 3(f) of Executive Order 12866 of September 30, Start Printed Page 609201993, 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

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Accordingly,

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PART 67—[AMENDED]

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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]
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2. The tables published under the authority of § 67.11 are amended as follows:

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Flooding source(s)Location of referenced elevation*Elevation in feet (NGVD). +Elevation in feet (NAVD). #Depth in feet above ground. ModifiedCommunities affected
Pender County, North Carolina and Incorporated Areas
Docket Nos.: FEMA-D-7626 and D-7662
Angola CreekAt the confluence with Holly Shelter Creek+20Pender County (Unincorporated Areas).
Approximately 0.2 mile downstream of the Pender/Duplin County boundary+31
Tributary 3At the confluence with Angola Creek+23Pender County (Unincorporated Areas).
Approximately 500 feet upstream of Cypress Creek Road+33
Tributary 4At the confluence with Angola Creek+26Pender County (Unincorporated Areas).
Approximately 1.4 miles upstream of NC Highway 50+42
Ashes CreekAt the confluence with Northeast Cape Fear River+17Pender County (Unincorporated Areas).
Approximately 2.8 miles upstream of Southwest Lake+35
Bear BranchAt the confluence with Black River+16Pender County (Unincorporated Areas).
Approximately 2,000 feet upstream of Blueberry Road+28
Beckys CreekApproximately 1.1 miles upstream of the Intracoastal Waterway+8Pender County (Unincorporated Areas).
Approximately 1.0 mile upstream of State Route 210+29
Bee BranchAt the confluence with Cypress Creek (near Wards Corner)+45Pender County (Unincorporated Areas).
Approximately 350 feet upstream of Shiloh Road+55
Big BranchAt the confluence with Colvins Creek+14Pender County (Unincorporated Areas).
Approximately 875 feet upstream of the confluence with Big Branch Tributary+24
Big Branch TributaryAt the confluence with Big Branch+23Pender County (Unincorporated Areas).
Approximately 0.37 mile upstream of the confluence with Big Branch+33
Black RiverAt the confluence with Cape Fear River+9Pender County (Unincorporated Areas).
Approximately 350 feet upstream of Beattys Bridge Road+24
Burgaw CreekAt the confluence with Northeast Cape Fear River+15Pender County (Unincorporated Areas), Town of Burgaw.
Approximately 400 feet upstream of West Wilmington Street+50
Cape Fear RiverApproximately 0.6 mile downstream of the confluence with Black River+8Pender County (Unincorporated Areas).
At the Bladen/Pender County boundary+23
Catskin CreekAt the confluence with Merricks and Players Creek+9Pender County (Unincorporated Areas).
Approximately 6.6 miles upstream of the confluence with Merricks and Players Creek+34
Colvins CreekAt the confluence with Black River+16Pender County (Unincorporated Areas).
Approximately 0.8 mile upstream of Beattys Bridge Road+70
TributaryAt the confluence with Colvins Creek+25Pender County (Unincorporated Areas).
Approximately 0.5 mile upstream of Slocum Trail+44
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Cypress Creek (near Stag Park)At the confluence with Northeast Cape Fear River+13Pender County (Unincorporated Areas), Village of Saint Helena.
Approximately 800 feet upstream of Front Street+57
Cypress Creek (near Wards Corner)At the confluence with Long Creek+25Pender County (Unincorporated Areas).
Approximately 0.5 mile upstream of Shiloh Road+53
Doctors CreekAt the confluence with Rockfish Creek+39Pender County (Unincorporated Areas).
Approximately 0.25 mile upstream of Katie Ford Road+51
Dry BranchApproximately 20 feet upstream of NC Highway 421+51Pender County (Unincorporated Areas).
Approximately 1.1 miles upstream of NC Highway 421+55
Godfrey CreekAt the confluence with Harrisons Creek+16Pender County (Unincorporated Areas).
Approximately 2.1 miles upstream of the confluence with Harrisons Creek+32
Guffords BranchAt the confluence with Rileys Creek+10Pender County (Unincorporated Areas).
Just downstream of Highway 210+11
Harrisons CreekAt State Route 210+8Pender County (Unincorporated Areas).
Approximately 300 feet upstream of Holiday Drive+29
Holly Shelter CreekAt the confluence with Northeast Cape Fear River+17Pender County (Unincorporated Areas).
At the Pender/Onslow County boundary+37
Island Creek TributaryApproximately 0.4 mile upstream of the confluence with Island Creek+9Pender County (Unincorporated Areas).
Approximately 2.8 miles upstream of the confluence with Island Creek+27
Jones CreekAt the confluence with Colvins Creek+34Pender County (Unincorporated Areas).
Approximately 1.0 mile upstream of Beattys Bridge Road+36
Kellys CreekAt the confluence with Rileys Creek+25Pender County (Unincorporated Areas).
Approximately 200 feet upstream of Little Kelly Road+29
Lillington CreekAt the confluence with Northeast Cape Fear River+13Pender County (Unincorporated Areas).
Approximately 2.7 miles upstream of Shaw Highway+29
Long CreekApproximately 3.5 miles upstream of the confluence with Northeast Cape Fear River+7Pender County (Unincorporated Areas).
At NC Highway 53+31
Lillington Creek TributaryAt the confluence with Lillington Creek+13Pender County (Unincorporated Areas).
Approximately 0.9 mile upstream of Vogler Drive+17
Long Creek TributaryAt the confluence with Long Creek+26Pender County (Unincorporated Areas).
Approximately 0.3 mile upstream of the confluence with Long Creek+30
Lewis CreekApproximately 1,500 feet upstream of the confluence with Northeast Cape Fear River+23Pender County (Unincorporated Areas).
Approximately 600 feet downstream of U.S. Highway 117+24
Merricks CreekAt State Route 210+8Pender County (Unincorporated Areas).
At the confluence with Catskin Creek+9
Mill Branch (of Moores Creek)Approximately 0.7 mile downstream of NC Highway 53+43Pender County (Unincorporated Areas), Town of Atkinson.
At Church Street (NC Highway 53)+64
Mill CreekAt the confluence with Rileys Creek+27Pender County (Unincorporated Areas).
Approximately 200 feet upstream of Highsmith Road+30
Mill PondAt the confluence with Holly Shelter Creek+17Pender County (Unincorporated Areas).
Approximately 1.5 miles upstream of Highway 53+17
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Moores CreekAt the confluence with Holly Shelter Creek+27Pender County (Unincorporated Areas).
At the Pender/Onslow County boundary+43
Moores Creek (near Atkinson)Approximately 1.2 miles upstream of Highway 210+16Pender County (Unincorporated Areas).
Approximately 0.3 mile downstream of John Henry Store Road+20
Tributary 1At the confluence with Moores Creek+33Pender County (Unincorporated Areas).
At the confluence with Moores Creek+51
At the Pender/Onslow County boundary+39Pender County (Unincorporated Areas).
Tributary 2At the confluence with Moores Creek+46
At the confluence with Moores Creek+37Pender County (Unincorporated Areas).
Tributary 6At the confluence with Moores Creek Tribuatory 6.+42Pender County (Unincorporated Areas).
Tributary 7At the confluence with Moores Creek Tributary 6+42Pender County (Unincorporated Areas).
Approximately 1.0 mile upstream of Cypress Creek Road+74
Northeast Cape Fear RiverAt the upstream side of State Route 210+8Pender County (Unincorporated Areas).
At the Pender/Duplin County boundary+26
Pike CreekAt the confluence with Northeast Cape Fear River+10Pender County (Unincorporated Areas).
Approximately 2.1 miles upstream of Interstate 40+34
Players CreekAt the confluence with Merricks Creek+9Pender County (Unincorporated Areas).
Approximately 2.5 miles upstream of the confluence with Merricks Creek+25
Rileys CreekAt the confluence with Long Creek+9Pender County (Unincorporated Areas).
At the confluence with Mill Creek and Rizzo Creek+27
Rizzo CreekAt the confluence with Rileys Creek+27Pender County (Unincorporated Areas).
Approximately 0.5 mile upstream of the confluence with Rileys Creek+29
Rockfish CreekAt the confluence with Northeast Cape Fear River+26Pender County (Unincorporated Areas).
At the confluence with Doctors Creek+39
Sandy Run SwampAt the confluence with Holly Shelter Creek+21Pender County (Unincorporated Areas).
At the Pender/Onslow County boundary+29
Sawyer CreekAt the confluence with Sills Creek+29Pender County (Unincorporated Areas).
Approximately 125 feet downstream of Highway 11+42
Shaken CreekAt the confluence with Holly Shelter Creek+18Pender County (Unincorporated Areas).
Approximately 0.3 mile downstream of the Pender/Onslow County boundary+34
Shelter Swamp CreekAt the confluence with Sandy Run Swamp+25Pender County (Unincorporated Areas).
Approximately 1,900 feet upstream of the Onslow Pender County boundary+34
Sills CreekAt the confluence with Sawyer Creek+29Pender County (Unincorporated Areas).
Approximately 600 feet downstream of Old Mill Road+33
Trumpeter SwampAt the confluence with Catskin Creek+16Pender County (Unincorporated Areas).
Approximately 1.2 miles upstream of J. A. Drive+42
Turkey CreekAt the upstream side of State Route 133+8Pender County (Unincorporated Areas).
Approximately 2.3 miles upstream of State Route 133+22
TributaryAt the confluence with Turkey Creek+11Pender County (Unincorporated Areas).
Approximately 850 feet upstream of Arvida Spur Road+28
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Washington CreekAt the confluence with Northeast Cape Fear River+25Pender County (Unincorporated Areas).
Approximately 0.7 mile upstream of Interstate 40+27
TributaryAt the confluence with Washington Creek+27Pender County (Unincorporated Areas).
Approximately 0.7 mile upstream of the confluence with Washington Creek+44
White Oak BranchAt the confluence with Tuckahoe Branch+43Pender County (Unincorporated Areas).
Approximately 0.6 mile downstream of Shiloh Road+53
ADDRESSES
City of Burgaw
Maps available for inspection at the Burgaw City Hall, 109 North Walker Street, Burgaw, North Carolina.
Pender County (Unincorporated Areas)
Maps available for inspection at the Pender County Planning Department, 805 South Walker Street, Burgaw, North Carolina.
Village of Saint Helena
Maps available for inspection at the Saint Helena Village Hall, 330 Main Street, Burgaw, North Carolina.
# Depth in feet above ground.
* National Geodetic Vertical Datum.
+ North American Vertical Datum.

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

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Dated: October 4, 2006.

David I. Maurstad,

Director, Mitigation Division, Federal Emergency Management Agency, Department of Homeland Security.

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[FR Doc. E6-17274 Filed 10-16-06; 8:45 am]

BILLING CODE 9110-12-P