04-23702. Proposed Flood Elevation Determinations  

  • Start Preamble Start Printed Page 62013

    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.

    Start Further Info

    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.

    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 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.

    Start List of Subjects

    List of Subjects in 44 CFR Part 67

    • Administrative practice and procedure, flood insurance, reporting and recordkeeping requirements
    End List of Subjects

    Accordingly, 44 CFR Part 67 is proposed to be amended as follows:

    Start Part

    PART 67—[AMENDED]

    1. The authority citation for Part 67 continues to read as follows:

    Start Authority

    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
    ALABAMA
    Madison County
    Big Cove CreekApproximately 0.4 mile upstream of the confluence with Flint River*600*599Madison County (Unincorporated Areas), City of Huntsville
    Approximately 0.9 mile upstream of Dug Hill RoadNone*688
    Big Cove Creek TributaryAt the confluence with Big Cove CreekNone*656Madison County (Unincorporated Areas), City of Huntsville
    Approximately 0.7 mile upstream of the confluence with Big Cove CreekNone*679
    Peevey CreekApproximately 1.2 miles upstream of the confluence with Robinson Mill Creek*607*608Madison County (Unincorporated Areas), City of Huntsville
    Approximately 2.2 miles upstream of the confluence with Robinson Mill CreekNone*639
    City of Huntsville
    Maps available for inspection at the City of Huntsville City Hall, 320 Fountain Circle, 2nd Floor, Huntsville, Alabama.
    Start Printed Page 62014
    Send comments to the Honorable Loretta Spencer, Mayor of the City of Huntsville, 308 Fountain Circle, Huntsville, Alabama 35805.
    Madison County (Unincorporated Areas)
    Maps available for inspection at the Madison County Engineering Department, 814 Cook Avenue, Huntsville, Alabama.
    Send comments to The Honorable Mike Gillespie, Chairman of Madison County, 100 North Side Square, Huntsville, Alabama 35801.
    ALABAMA
    Morgan County
    Bakers CreekApproximately 1,600 feet upstream of the confluence with the Tennessee River•559•558Morgan County (Unincorporated Areas), City of Decatur
    Approximately 100 feet downstream of West Morgan Road•620•621
    Tributary to Bakers CreekAt the confluence with Bakers Creek•598•595Morgan County (Unincorporated Areas), City of Decatur
    Approximately 150 feet upstream of Cumberland Avenue SouthwestNone•611
    Betty Rye BranchApproximately 0.8 mile upstream of the confluence with the Tennessee River•560•559Morgan County (Unincorporated Areas), City of Decatur
    Approximately 150 feet upstream of Bedford Drive Southwest•609•607
    Black BranchJust upstream of Point Mallard Drive (8th Street Southeast)•566•562Morgan County (Unincorporated Areas), City of Decatur
    Approximately 0.2 mile upstream of Regency Boulevard•567•566
    Brush CreekApproximately 650 feet downstream of Brookmead Road•561•562City of Decatur
    Approximately 0.2 mile upstream of Royal Drive•567•568
    Chapel Hill BranchApproximately 0.4 mile upstream of the confluence with West Flint CreekNone•572Morgan County (Unincorporated Areas), City of Decatur
    Approximately 2.0 miles upstream of the confluence with West Flint CreekNone•594
    Clark Spring BranchApproximately 800 feet upstream of the confluence with Brush Creek•567•568City of Decatur
    Approximately 400 feet upstream of Asheville Drive SouthwestNone•641
    Clark Spring Branch TributaryAt the confluence with Clark Spring Branch•588•587City of Decatur
    Approximately 300 feet upstream of Danville Park Drive SouthwestNone•613
    Dry BranchApproximately 0.5 mile downstream of Washington Street•560•559Morgan County (Unincorporated Areas), City of Decatur
    Approximately 900 feet upstream of Runnymead Avenue Southwest•605•604
    North DinsmoreJust downstream of U.S. Highway 31•563•564City of Decatur
    Approximately 100 feet upstream of Cedar Lake RoadNone•575
    South Dinsmore Middle TributaryApproximately 50 feet downstream of U.S. Highway 31•563•564Morgan County (Unincorporated Areas), City of Decatur
    Approximately 250 feet upstream of Spring AvenueNone•610
    South Dinsmore North TributaryAt the confluence with South Dinsmore Middle TributaryNone•567City of Decatur
    Approximately 0.5 mile upstream of Lenwood RoadNone•570
    South Dinsmore South TributaryAt the confluence with South Dinsmore Middle TributaryNone•571Morgan County (Unincorporated Areas), City of Decatur
    Approximately 1,600 feet upstream of Central AvenueNone•576
    City of Decatur
    Maps available for inspection at the City of Decatur Building Department, 402 Lee Street Northeast, Fourth floor, Decatur, Alabama.
    Send comments to The Honorable Lynn C. Fowler, Mayor of the City of Decatur, P.O. Box 488, Decatur, Alabama 35602.
    Morgan County (Unincorporated Areas)
    Maps available for inspection at the Morgan County Engineering Department, 580 Shull Road, Northeast, Hartselle, Alabama.
    Send comments to The Honorable Larry Benrich, Chairman of the Morgan County Commission, P.O. Box 668, Decatur, Alabama 35601.
    Start Printed Page 62015
    NORTH CAROLINA
    Currituck County
    Moyock RunApproximately 100 feet upstream of South Mills Road (S.R. 1227)None•10Currituck County (Unincorporated Areas)
    Approximately 1.1 miles upstream of South Mills Road (S.R. 1227)None•11
    Atlantic OceanAt the Virginia State Boundary•12•16Currituck County (Unincorporated Areas)
    Approximately 500 feet west of the intersection of Spindrift Trail and Land Fall CourtNone•7
    Currituck SoundApproximately 0.9 mile east of the intersection of Red Dog Lane and Highway 158•7•8Currituck County (Unincorporated Areas)
    At the northeast corner of the intersection of Brabble Street and Highway 168•5•4
    Currituck County (Unincorporated Areas)
    Maps available for inspection at the Currituck County Planning and Inspections Department, 153 Courthouse Road, Currituck, North Carolina.
    Send comments to Mr. Dan Scanlon, Currituck County Manager, 153 Courthouse Road, Currituck, North Carolina 27929-0039.
    NORTH CAROLINA
    Johnston County
    East Mingo CreekAt the confluence with Mingo SwampNone•220Town of Benson, Johnston County (Unincorporated Areas)
    Approximately 0.3 mile downstream of Dennig RoadNone•244
    Mingo SwampAt the Johnston/Sampson county lineNone•172Town of Benson, Johnston County (Unincorporated Areas)
    Approximately 0.7 mile upstream of Red Hill Church RoadNone•255
    Mingo Swamp Tributary 2At the Johnston Harnett county lineNone•205Town of Benson, Johnston County (Unincorporated Areas)
    Approximately 400 feet upstream of Hodges Chapel RoadNone•244
    Town of Benson
    Maps available for inspection at the Benson Town Hall, Zoning Department, 303 East Church Street, Benson, North Carolina.
    Send comments to The Honorable Don Johnson, Mayor of the Town of Benson, P.O. Box 69, Benson, North Carolina 27504.
    Johnston County (Unincorporated Areas)
    Maps available for inspection at the Johnston County Public Utilities Office, 309 East Market Street, Smithfield, North Carolina.
    Send comments to Mr. Rick Hester, Johnston County Manager, P.O. Box 1049, Smithfield, North Carolina 27577.
    NORTH CAROLINA
    Wayne County
    Buck Marsh BranchApproximately 0.2 mile downstream of Zion Church RoadNone•94Wayne County (Unincorporated Areas)
    Approximately 0.3 mile upstream of James Price RoadNone•119
    Cabin BranchApproximately 0.9 mile downstream of NC 111 SouthNone•97Wayne County (Unincorporated Areas)
    Approximately 0.9 mile upstream of Cornerstone DriveNone•135
    Horsepen BranchAt confluence with Lewis BranchNone•120Wayne County (Unincorporated Areas)
    Approximately 450 feet upstream of Emmaus Church RoadNone•155
    Jones BranchApproximately 0.4 mile downstream of Mark Herring RoadNone•101Wayne County (Unincorporated Areas)
    Approximately 1.0 mile upstream of Mark Herring RoadNone•133
    Jumping Run BranchApproximately 0.3 mile downstream of NC Highway 55None•110Wayne County (Unincorporated Areas)
    Approximately 0.8 mile upstream of NC Highway 55None•127
    Lewis BranchJust upstream of NC Highway 55None•106Wayne County (Unincorporated Areas)
    Approximately 1.4 miles upstream of the confluence of Horsepen BranchNone•137
    Unincorporated Areas of Wayne County
    Start Printed Page 62016
    Maps available for inspection at the Wayne County Planning Department, 224 East Walnut Street, Goldsboro, North Carolina.
    Send comments to Mr. Lee Smith, Wayne County Manager, P.O. Box 227, Goldsboro, North Carolina 27533-0227.
    NORTH CAROLINA
    Town of Smithfield, Johnston County
    Spring BranchAt the upstream side of East Second Street•129•128Town of Smithfield
    Approximately 265 feet upstream of Collier Street•143•144
    Town of Smithfield
    Maps available for inspection at the Smithfield Town Hall, 350 East Market Street, Smithfield, North Carolina.
    Send comments to The Honorable Bill Jordan, Mayor of the Town of Smithfield, P.O. Box 761, Smithfield, North Carolina 27577.
    PENNSYLVANIA
    Township of Manheim, Lancaster County
    Landis RunApproximately 1,000 feet downstream of New Holland Pike•278•279Township of Manheim
    Approximately 150 feet downstream of Butter Road•305•306
    Maps available for inspection at the Manheim Township Office, 1840 Municipal Drive, Lancaster, Pennsylvania.
    Send comments to Mr. James Martin, Manager of the Township of Manheim, 1840 Municipal Drive, Lancaster, Pennsylvania 17601-4162.
    Start Signature

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

    Dated: October 18, 2004.

    David I. Maurstad,

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

    End Signature End Part End Supplemental Information

    [FR Doc. 04-23702 Filed 10-21-04; 8:45 am]

    BILLING CODE 9110-12-P

Document Information

Published:
10/22/2004
Department:
Federal Emergency Management Agency
Entry Type:
Proposed Rule
Action:
Proposed rule.
Document Number:
04-23702
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.
Pages:
62013-62016 (4 pages)
Docket Numbers:
Docket No. FEMA-D-7606
Topics:
Administrative practice and procedure, Flood insurance, Reporting and recordkeeping requirements
PDF File:
04-23702.Pdf
CFR: (1)
44 CFR 67.4