04-23702. Proposed Flood Elevation Determinations

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.

FOR FURTHER INFORMATION CONTACT:

Doug Bellomo, P.E., Hazard Identification Section, Emergency Preparedness and Response Directorate, FEMA, 500 C Street SW., Washington, DC 20472, [phone].

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.

List of Subjects in 44 CFR Part 67

• Administrative practice and procedure, flood insurance, reporting and recordkeeping requirements

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

PART 67—[AMENDED]

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

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.

§ 67.4

[Amended]

2. The tables published under the authority of § 67.4 are proposed to be amended as follows:

Source of flooding	Location	#Depth in feet above ground. *Elevation in feet (NGVD) •Elevation in feet (NAVD)		Communities affected
		Existing	Modified
ALABAMA
Madison County
Big Cove Creek	Approximately 0.4 mile upstream of the confluence with Flint River	*600	*599	Madison County (Unincorporated Areas), City of Huntsville
	Approximately 0.9 mile upstream of Dug Hill Road	None	*688
Big Cove Creek Tributary	At the confluence with Big Cove Creek	None	*656	Madison County (Unincorporated Areas), City of Huntsville
	Approximately 0.7 mile upstream of the confluence with Big Cove Creek	None	*679
Peevey Creek	Approximately 1.2 miles upstream of the confluence with Robinson Mill Creek	*607	*608	Madison County (Unincorporated Areas), City of Huntsville
	Approximately 2.2 miles upstream of the confluence with Robinson Mill Creek	None	*639
City of Huntsville
Maps available for inspection at the City of Huntsville City Hall, 320 Fountain Circle, 2nd Floor, Huntsville, Alabama.
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 Creek	Approximately 1,600 feet upstream of the confluence with the Tennessee River	•559	•558	Morgan County (Unincorporated Areas), City of Decatur
	Approximately 100 feet downstream of West Morgan Road	•620	•621
Tributary to Bakers Creek	At the confluence with Bakers Creek	•598	•595	Morgan County (Unincorporated Areas), City of Decatur
	Approximately 150 feet upstream of Cumberland Avenue Southwest	None	•611
Betty Rye Branch	Approximately 0.8 mile upstream of the confluence with the Tennessee River	•560	•559	Morgan County (Unincorporated Areas), City of Decatur
	Approximately 150 feet upstream of Bedford Drive Southwest	•609	•607
Black Branch	Just upstream of Point Mallard Drive (8th Street Southeast)	•566	•562	Morgan County (Unincorporated Areas), City of Decatur
	Approximately 0.2 mile upstream of Regency Boulevard	•567	•566
Brush Creek	Approximately 650 feet downstream of Brookmead Road	•561	•562	City of Decatur
	Approximately 0.2 mile upstream of Royal Drive	•567	•568
Chapel Hill Branch	Approximately 0.4 mile upstream of the confluence with West Flint Creek	None	•572	Morgan County (Unincorporated Areas), City of Decatur
	Approximately 2.0 miles upstream of the confluence with West Flint Creek	None	•594
Clark Spring Branch	Approximately 800 feet upstream of the confluence with Brush Creek	•567	•568	City of Decatur
	Approximately 400 feet upstream of Asheville Drive Southwest	None	•641
Clark Spring Branch Tributary	At the confluence with Clark Spring Branch	•588	•587	City of Decatur
	Approximately 300 feet upstream of Danville Park Drive Southwest	None	•613
Dry Branch	Approximately 0.5 mile downstream of Washington Street	•560	•559	Morgan County (Unincorporated Areas), City of Decatur
	Approximately 900 feet upstream of Runnymead Avenue Southwest	•605	•604
North Dinsmore	Just downstream of U.S. Highway 31	•563	•564	City of Decatur
	Approximately 100 feet upstream of Cedar Lake Road	None	•575
South Dinsmore Middle Tributary	Approximately 50 feet downstream of U.S. Highway 31	•563	•564	Morgan County (Unincorporated Areas), City of Decatur
	Approximately 250 feet upstream of Spring Avenue	None	•610
South Dinsmore North Tributary	At the confluence with South Dinsmore Middle Tributary	None	•567	City of Decatur
	Approximately 0.5 mile upstream of Lenwood Road	None	•570
South Dinsmore South Tributary	At the confluence with South Dinsmore Middle Tributary	None	•571	Morgan County (Unincorporated Areas), City of Decatur
	Approximately 1,600 feet upstream of Central Avenue	None	•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.
NORTH CAROLINA
Currituck County
Moyock Run	Approximately 100 feet upstream of South Mills Road (S.R. 1227)	None	•10	Currituck County (Unincorporated Areas)
	Approximately 1.1 miles upstream of South Mills Road (S.R. 1227)	None	•11
Atlantic Ocean	At the Virginia State Boundary	•12	•16	Currituck County (Unincorporated Areas)
	Approximately 500 feet west of the intersection of Spindrift Trail and Land Fall Court	None	•7
Currituck Sound	Approximately 0.9 mile east of the intersection of Red Dog Lane and Highway 158	•7	•8	Currituck 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 Creek	At the confluence with Mingo Swamp	None	•220	Town of Benson, Johnston County (Unincorporated Areas)
	Approximately 0.3 mile downstream of Dennig Road	None	•244
Mingo Swamp	At the Johnston/Sampson county line	None	•172	Town of Benson, Johnston County (Unincorporated Areas)
	Approximately 0.7 mile upstream of Red Hill Church Road	None	•255
Mingo Swamp Tributary 2	At the Johnston Harnett county line	None	•205	Town of Benson, Johnston County (Unincorporated Areas)
	Approximately 400 feet upstream of Hodges Chapel Road	None	•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 Branch	Approximately 0.2 mile downstream of Zion Church Road	None	•94	Wayne County (Unincorporated Areas)
	Approximately 0.3 mile upstream of James Price Road	None	•119
Cabin Branch	Approximately 0.9 mile downstream of NC 111 South	None	•97	Wayne County (Unincorporated Areas)
	Approximately 0.9 mile upstream of Cornerstone Drive	None	•135
Horsepen Branch	At confluence with Lewis Branch	None	•120	Wayne County (Unincorporated Areas)
	Approximately 450 feet upstream of Emmaus Church Road	None	•155
Jones Branch	Approximately 0.4 mile downstream of Mark Herring Road	None	•101	Wayne County (Unincorporated Areas)
	Approximately 1.0 mile upstream of Mark Herring Road	None	•133
Jumping Run Branch	Approximately 0.3 mile downstream of NC Highway 55	None	•110	Wayne County (Unincorporated Areas)
	Approximately 0.8 mile upstream of NC Highway 55	None	•127
Lewis Branch	Just upstream of NC Highway 55	None	•106	Wayne County (Unincorporated Areas)
	Approximately 1.4 miles upstream of the confluence of Horsepen Branch	None	•137
Unincorporated Areas of Wayne County
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 Branch	At the upstream side of East Second Street	•129	•128	Town 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 Run	Approximately 1,000 feet downstream of New Holland Pike	•278	•279	Township 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.

(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.