E6-19110. Proposed Flood Elevation Determinations

AGENCY:

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

ACTION:

Proposed rule.

SUMMARY:

Technical information or comments are requested on the proposed Base (1% annual chance) Flood Elevations (BFEs) and proposed BFEs 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:

William R. Blanton, Jr., Engineering Management Section, Mitigation Division, 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 BFEs 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. 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 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.

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:

Flooding source(s)	Location of referenced elevation	* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground		Communities affected
		Effective	Modified
Caswell County, North Carolina and Incorporated Areas
Bear Branch	At the confluence with Moon Creek	None	+426	Caswell County (Unincorporated Areas).
	Approximately 2.6 miles upstream of the confluence with Moon Creek	None	+469
Tributary 1	At the confluence with Bear Branch	None	+432	Caswell County (Unincorporated Areas).
	Approximately 900 feet upstream of the confluence with Bear Branch	None	+432
Tributary 2	At the confluence with Bear Branch	None	+457	Caswell County (Unincorporated Areas).
	Approximately 0.6 mile upstream of the confluence with Bear Branch	None	+480
Benaja Creek	At the confluence with South Country Line Creek	None	+430	Caswell County (Unincorporated Areas).
	Approximately 0.5 mile upstream of the confluence with South Country Line Creek	None	+437
Burkes Creek	At the confluence with Penson Creek	None	+462	Caswell County (Unincorporated Areas).
	Approximately 150 feet upstream of Oakview Loop Road (SR 1156)	None	+570
Burlington Reservoir	Backwater area approximately 0.8 mile west along Caswell/Alamance County boundary from Tom's Creek Crossing County boundary	None	+579	Caswell County (Unincorporated Areas).
Byrds Creek	At the confluence with South Country Line Creek	None	+457	Caswell County (Unincorporated Areas).
	Approximately 2.6 miles upstream of Fitch Road (SR 1751)	None	+581
Cane Creek	At the confluence with Dan River	None	+384	Caswell County (Unincorporated Areas).
	Approximately 250 feet upstream of Mountain Hill Road (SR 1527)	None	+384
Cobbs Creek	At the Caswell/Person County boundary	None	+422	Caswell County (Unincorporated Areas).
	Approximately 75 feet upstream of Old Durham Road (SR 1700)	None	+536
Tributary 1	At the confluence with Cobbs Creek	None	+436	Caswell County (Unincorporated Areas).
	Approximately 1.5 miles upstream of the confluence with Cobbs Creek	None	+495
Country Line Creek	Approximately 0.6 mile downstream of Broad Street	None	+377	Caswell County (Unincorporated Areas), Town of Milton, Town of Yanceyville.
	Approximately 1.4 miles upstream of Camp Springs Road (SR 1146)	None	+603
Tributary 1	At the confluence with Country Line Creek	None	+377	Caswell County (Unincorporated Areas), Town of Milton.
	Approximately 0.5 mile upstream of Doll Branch Road (SR 1538)	None	+461
Tributary 10	At the confluence with Country Line Creek	None	+426	Caswell County (Unincorporated Areas).
	Approximately 0.6 mile upstream of the confluence with Country Line Creek	None	+447
Tributary 11	At the confluence with Country Line Creek	None	+431	Caswell County (Unincorporated Areas).
	Approximately 2.1 miles upstream of NC Highway 62	None	+504
Tributary 12	At the confluence with Country Line Creek	None	+499	Caswell County (Unincorporated Areas).
	Approximately 0.8 mile upstream of the confluence with Country Line Creek	None	+499
Tributary 13	At the confluence with Country Line Creek	None	+499	Caswell County (Unincorporated Areas).
	Approximately 1.8 miles upstream of the confluence with Country Line Creek	None	+537
Tributary 14	At the confluence with Country Line Creek	None	+500	Caswell County (Unincorporated Areas).
	Approximately 1.7 miles upstream of the confluence with Country Line Creek	None	+557
Tributary 15	At the confluence with Country Line Creek	None	+500	Caswell County (Unincorporated Areas).
	Approximately 1.4 miles upstream of the confluence with Country Line Creek	None	+529
Tributary 16	At the confluence with Country Line Creek	None	+511	Caswell County (Unincorporated Areas).
	Approximately 2.1 miles upstream of the confluence with Country Line Creek	None	+586
Tributary 16A	At the confluence with Country Line Creek Tributary 16	None	+518	Caswell County (Unincorporated Areas).
	Approximately 0.7 mile upstream of the confluence with Country Line Creek Tributary 16	None	+548
Tributary 17	At the confluence with Country Line Creek	None	+531	Caswell County (Unincorporated Areas).
	Approximately 0.7 mile upstream of the confluence with Country Line Creek	None	+559
Tributary 18	At the confluence with Country Line Creek	None	+538	Caswell County (Unincorporated Areas).
	Approximately 0.6 mile upstream of the confluence with Country Line Creek	None	+561
Tributary 19	At the confluence with Country Line Creek	None	+542	Caswell County (Unincorporated Areas).
	Approximately 1.1 miles upstream of the confluence with Country Line Creek	None	+591
Tributary 19A	At the confluence with Country Line Creek Tributary 19	None	+550	Caswell County (Unincorporated Areas).
	Approximately 1.3 miles upstream of the confluence with Country Line Creek Tributary 19	None	+605
Tributary 2	At the confluence with Country Line Creek	None	+377	Caswell County (Unincorporated Areas).
	Approximately 0.5 mile upstream of the confluence with Country Line Creek	None	+378
Tributary 3	At the confluence with Country Line Creek	None	+390	Caswell County (Unincorporated Areas).
	Approximately 1.4 miles upstream of the confluence with Country Line Creek	None	+414
Tributary 4	At the confluence with Country Line Creek	None	+392	Caswell County (Unincorporated Areas).
	Approximately 1.2 miles upstream of the confluence with Country Line Creek	None	+409
Tributary 5	At the confluence with Country Line Creek	None	+395	Caswell County (Unincorporated Areas).
	Approximately 0.7 mile upstream of the confluence with Country Line Creek	None	+401
Tributary 6	At the confluence with Country Line Creek	None	+407	Caswell County (Unincorporated Areas).
	Approximately 0.5 mile upstream of the confluence with Country Line Creek	None	+409
Tributary 7	At the confluence with Country Line Creek	None	+408	Caswell County (Unincorporated Areas).
	Approximately 1.4 miles upstream of the confluence with Country Line Creek	None	+456
Tributary 8	At the confluence with Country Line Creek	None	+412	Caswell County (Unincorporated Areas).
	Approximately 0.9 mile upstream of the confluence with Country Line Creek	None	+432
Tributary 9	At the confluence with Country Line Creek	None	+417	Caswell County (Unincorporated Areas).
	Approximately 1.4 miles upstream of the confluence with Country Line Creek	None	+451
Coy Creek	At the confluence with Dan River	None	+388	Caswell County (Unincorporated Areas).
	Approximately 1.1 miles upstream of the confluence with Dan River	None	+392
Dan River (downstream reach)	Approximately 250 feet downstream of North Broad Street (SR 57)	None	+378	Caswell County (Unincorporated Areas), Town of Milton.
	Approximately 1.0 mile upstream of the confluence of Hogans Creek	None	+395
Dan River (near Williamson Creek)	At the NC/VA State boundary	None	+466	Caswell County (Unincorporated Areas).
	At the Caswell/Rockingham County boundary	None	+470
Dan River Tributary 1	At the North Carolina/Virginia State boundary	None	+466	Caswell County (Unincorporated Areas).
	Approximately 1.2 miles upstream of the North Carolina/Virginia State boundary	None	+479
East Prong Moon Creek	At the confluence with Moon Creek	None	+432	Caswell County (Unincorporated Areas).
	Approximately 2.7 miles upstream of Hodges Dairy Road	None	+547
Tributary 1	At the confluence with East Prong Moon Creek	None	+498	Caswell County (Unincorporated Areas).
	Approximately 400 feet upstream of James Foster Road (SR 1312)	None	+517
Tributary 2	At the confluence with East Prong Moon Creek	None	+501	Caswell County (Unincorporated Areas).
	Approximately 0.8 mile upstream of the confluence with East Prong Moon Creek	None	+528
Tributary 3	At the confluence with East Prong Moon Creek	None	+503	Caswell County (Unincorporated Areas).
	Approximately 2.4 miles upstream of the confluence with East Prong Moon Creek	None	+570
Glasby Branch	At the confluence with Cane Creek	None	+384	Caswell County (Unincorporated Areas).
	At the Caswell County, NC/Pittsylvania County, VA State boundary	None	+408
Grays Branch	At the confluence with Stony Creek	None	+619	Caswell County (Unincorporated Areas).
	Approximately 1.5 miles upstream of Shaw Road	None	+738
Hyco Creek Tributary 1	At the confluence with Hyco Creek	None	+522	Caswell County (Unincorporated Areas).
	Approximately 1.2 miles upstream of the confluence with Hyco Creek	None	+586
Hogans Creek	At the confluence with Dan River	None	+393	Caswell County (Unincorporated Areas).
	Approximately 1,000 feet upstream of the Rockingham/Caswell County boundary	None	+476
Hogans Creek Tributary 1	At the confluence with Hogans Creek	None	+397	Caswell County (Unincorporated Areas).
	Approximately 120 feet downstream of NC Highway 86	None	+418
Tributary 1A	At the confluence with Hogans Creek Tributary 1	None	+399	Caswell County (Unincorporated Areas).
	Approximately 740 feet upstream of the confluence with Hogans Creek Tributary 1	None	+404
Tributary 2	At the confluence with Hogans Creek	None	+400	Caswell County (Unincorporated Areas).
	Approximately 0.4 mile upstream of NC Highway 86	None	+417
Tributary 3	At the confluence with Hogans Creek	None	+420	Caswell County (Unincorporated Areas).
	Approximately 200 feet downstream of Chigger Ridge Road	None	+420
Tributary 4	At the Rockingham/Caswell County boundary	None	+476	Caswell County (Unincorporated Areas).
	Approximately 1,500 feet upstream of the Rockingham/Caswell County boundary	None	+479
Hostler Branch	At the confluence with Country Line Creek	None	+507	Caswell County (Unincorporated Areas).
	Approximately 4.9 miles upstream of NC Highway 150	None	+637
Tributary 1	At the confluence with Hostler Branch	None	+531	Caswell County (Unincorporated Areas).
	Approximately 0.7 mile upstream of the confluence with Hostler Branch	None	+556
Hyco Creek	Approximately 1.9 miles downstream of the confluence with Kilgore Creek (into Hyco Creek)	None	+413	Caswell County (Unincorporated Areas).
	Approximately 2.0 miles upstream of Gunn Poole Road (SR 1767)	None	+572
Hyco Lake	Entire shoreline within Caswell County	None	+413	Caswell County (Unincorporated Areas).
Kilgore Creek (into Country Line Creek)	At the confluence with Country Line Creek	None	+386	Caswell County (Unincorporated Areas).
	Approximately 1.2 miles upstream of Jack Pointer Road (SR 1557)	None	+430
Kilgore Creek (into Hyco Creek)	At the confluence with Hyco Creek	None	+427	Caswell County (Unincorporated Areas).
	Approximately 2.1 miles upstream of U.S. 158	None	+562
Little Wolf Island Creek	At the confluence with Wolf Island Creek	None	+472	Caswell County (Unincorporated Areas).
	Approximately 0.6 mile upstream of the confluence with Wolf Island Creek	None	+475
Lick Fork Creek	At the confluence with Hogans Creek	None	+470	Caswell County (Unincorporated Areas).
	At the Rockingham/Caswell County boundary	None	+470
Little Rattlesnake Creek	At the confluence with Dan River	None	+383	Caswell County (Unincorporated Areas).
	Approximately 1,500 feet upstream of Old Saterfield Road (SR 1534)	None	+459
Lynch Creek	At the confluence with Hyco Creek	None	+477	Caswell County (Unincorporated Areas).
	Approximately 1.5 miles upstream of Dave Smith Road (SR 1771)	None	+565
Tributary 1	At the confluence with Lynch Creek	None	+512	Caswell County (Unincorporated Areas).
	Approximately 2.1 miles upstream of the confluence with Lynch Creek	None	+606
Tributary 2	At the confluence with Lynch Creek	None	+536	Caswell County (Unincorporated Areas).
	At the Caswell/Alamance County boundary	None	+617
Moon Creek	At the confluence with Dan River	None	+391	Caswell County (Unincorporated Areas).
	Approximately 700 feet upstream of Big Oak Farm Road (SR 1303)	None	+504
Tributary 1	At the confluence with Moon Creek	None	+391	Caswell County (Unincorporated Areas).
	Approximately 1.2 miles upstream of the confluence with Moon Creek	None	+514
Tributary 2	At the confluence with Moon Creek	None	+393	Caswell County (Unincorporated Areas).
	Approximately 1,800 feet upstream of the confluence with Moon Creek	None	+395
Tributary 3	At the confluence with Moon Creek	None	+401	Caswell County (Unincorporated Areas).
	Approximately 0.8 mile upstream of the confluence with Moon Creek	None	+436
Tributary 4	At the confluence with Moon Creek	None	+403	Caswell County (Unincorporated Areas).
	Approximately 1,400 feet upstream of the confluence with Moon Creek	None	+408
Tributary 5	At the confluence with Moon Creek	None	+414	Caswell County (Unincorporated Areas).
	Approximately 0.6 mile upstream of the confluence with Moon Creek	None	+435
Tributary 6	At the confluence with Moon Creek	None	+415	Caswell County (Unincorporated Areas).
	Approximately 1,350 feet upstream of the confluence with Moon Creek	None	+425
Nats Fork	At the confluence with Country Line Creek	None	+500	Caswell County (Unincorporated Areas).
	Approximately 0.8 mile upstream of the confluence with Country Line Creek	None	+503
Negro Creek	At the confluence with Hyco Creek	None	+489	Caswell County (Unincorporated Areas).
	Approximately 0.8 mile upstream of the confluence of Negro Creek Tributary 2	None	+617
Tributary 1	At the confluence with Negro Creek	None	+499	Caswell County (Unincorporated Areas).
	Approximately 1.3 miles upstream of Gunn Poole Road (SR 1767)	None	+635
Tributary 2	At the confluence with Negro Creek	None	+592	Caswell County (Unincorporated Areas).
	Approximately 0.8 mile upstream of the confluence with Negro Creek	None	+643
North Fork Rattlesnake Creek	At the confluence with Rattlesnake Creek	None	+389	Caswell County (Unincorporated Areas).
	Approximately 3.2 miles upstream of Slade Road	None	+543
Panthers Branch	At the confluence with Hyco Creek	None	+475	Caswell County (Unincorporated Areas).
	Approximately 1.7 miles upstream of Barnwell Road (SR 1774)	None	+634
Tributary 1	At the confluence with Panthers Branch	None	+500	Caswell County (Unincorporated Areas).
	Approximately 2.4 miles upstream of the confluence with Negro Creek	None	+620
Penson Creek	At the confluence with South Country Line Creek	None	+452	Caswell County (Unincorporated Areas).
	Approximately 0.9 mile upstream of Badgett Sisters Parkway (SR 1156)	None	+593
Pumpkin Creek	At the North Carolina/Virginia State boundary	None	+443	Caswell County (Unincorporated Areas).
	Approximately 1.3 miles upstream of the North Carolina/Virginia State boundary	None	+472
Rattlesnake Creek	At the confluence with Dan River	None	+389	Caswell County (Unincorporated Areas).
	At the confluence of North Fork and South Fork Rattlesnake Creeks	None	+389
Tributary 1	At the confluence with Rattlesnake Creek	None	+389	Caswell County (Unincorporated Areas).
	Approximately 0.7 mile upstream of the confluence with Rattlesnake Creek	None	+396
Tributary 2	At the confluence with Rattlesnake Creek	None	+389	Caswell County (Unincorporated Areas).
	Approximately 1.9 miles upstream of the confluence with Rattlesnake Creek	None	+436
Tributary 2A	At the confluence with Rattlesnake Creek Tributary 2	None	+389	Caswell County (Unincorporated Areas).
	Approximately 1.6 miles upstream of the confluence with Rattlesnake Creek Tributary 2	None	+470
Reedy Fork Creek	Approximately 1.2 miles downstream of the confluence with Reedy Fork Creek Tributary 1	None	+413	Caswell County (Unincorporated Areas).
	Approximately 4.9 miles upstream of U.S. 158	None	+550
Tributary 1	At the confluence with Reedy Fork Creek	None	+426	Caswell County (Unincorporated Areas).
	Approximately 0.7 mile upstream of the confluence with Reedy Fork Creek	None	+451
Tributary 2	At the confluence with Reedy Fork Creek	None	+437	Caswell County (Unincorporated Areas).
	Approximately 0.7 mile upstream of the confluence with Reedy Fork Creek	None	+453
South Country Line Creek	At the confluence with Country Line Creek	None	+426	Caswell County (Unincorporated Areas).
	Approximately 3.7 miles upstream of Rascoe Dameron Road (SR 1759)	None	+594
Tributary 1	At the confluence with South Country Line Creek	None	+446	Caswell County (Unincorporated Areas).
	Approximately 875 feet upstream of the confluence with South Country Line Creek	None	+446
Tributary 2	At the confluence with South Country Line Creek	None	+450	Caswell County (Unincorporated Areas).
	Approximately 2.9 miles upstream of the confluence with South Country Line Creek	None	+552
Tributary 2A	At the confluence with South Country Line Creek Tributary 2	None	+463	Caswell County (Unincorporated Areas).
	Approximately 1.8 miles upstream of the confluence with South Country Line Creek Tributary 2	None	+536
Tributary 2A1	At the confluence with South Country Line Creek Tributary 2A	None	+476	Caswell County (Unincorporated Areas).
	Approximately 0.4 mile upstream of the confluence with South Country Line Creek Tributary 2A	None	+506
Tributary 3	At the confluence with South Country Line Creek	None	+486	Caswell County (Unincorporated Areas).
	Approximately 0.9 mile upstream of the confluence with South Country Line Creek	None	+532
Tributary 4	At the confluence with South Country Line Creek	None	+518	Caswell County (Unincorporated Areas).
	Approximately 1.4 miles upstream of the confluence with South Country Line Creek	None	+574
South Fork Rattlesnake Creek	At the confluence with Rattlesnake Creek	None	+389	Caswell County (Unincorporated Areas), Town of Yanceyville.
	Approximately 600 feet downstream of Fire Tower Road	None	+536
South Hyco Creek	Approximately 1,300 feet downstream from the toe of South Hyco Dam	None	+445	Caswell County (Unincorporated Areas).
	At the Caswell/Orange County boundary	None	+590
Tributary 2	At the Caswell/Person County boundary	None	+553	Caswell County (Unincorporated Areas).
	Approximately 700 feet upstream of the Caswell/Person County boundary	None	+572
Sugartree Creek	At the confluence with South Hyco Creek	None	+486	Caswell County (Unincorporated Areas).
	Approximately 2.5 miles upstream of Wrenn Road	None	+599
Tardy Branch	At the confluence with Wolf Island Creek	None	+468	Caswell County (Unincorporated Areas).
	Approximately 0.9 mile upstream of the confluence with Wolf Island Creek	None	+480
Toms Creek	Approximately 50 feet downstream of the Alamance/Caswell County boundary	None	+596	Caswell County (Unincorporated Areas).
	Approximately 0.6 mile upstream of Kerr's Chapel Road	None	+637
West Prong Moon Creek	At the confluence with East Prong Moon Creek	None	+478	Caswell County (Unincorporated Areas).
	Approximately 250 feet upstream of Jones Road (SR 1315)	None	+531
Wolf Island Creek	At the confluence with Dan River	None	+468	Caswell County (Unincorporated Areas).
	At the Caswell/Rockingham County boundary	None	+484
* National Geodetic Vertical Datum.
# Depth in feet above ground.
+ North American Vertical Datum.
ADDRESSES
Caswell County (Unincorporated Areas)
Maps are available for inspection at The Caswell County Planning Department, 144 Main Street, Yanceyville, North Carolina.
Send comments to Mr. Nathaniel Hall, Caswell County Commissioners Chairman, P.O. Box 98, Yanceyville, North Carolina 27379.
Town of Milton
Maps are available for inspection at The Caswell County Planning Department, 144 Main Street, Yanceyville, North Carolina.
Send comments to The Honorable Walter L. Thomas, IV, Mayor of the Town of Milton, P.O. Box 248, Milton, North Carolina 27305.
Town of Yanceyville
Maps are available for inspection at the City of Yanceyville Planning Office, 200 East Church Street, Yanceyville, North Carolina.
Send comments to The Honorable Daniel Printz, Mayor of the City of Yanceyville, P.O. Box 918, Yanceyville, North Carolina 27379.

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

Dated: November 6, 2006.

David I. Maurstad,

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