03-10489. Proposed Flood Elevation Determinations

AGENCY:

Federal Emergency Management Agency, 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 and proposed base flood elevation modifications for the communities listed below. The base flood elevations 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 base flood elevations 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 following table.

FOR FURTHER INFORMATION CONTACT:

Mary Jean Pajak, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, [phone].

SUPPLEMENTARY INFORMATION:

The Federal Emergency Management Agency (FEMA or Agency) proposes to make determinations of base flood elevations and modified base flood elevations 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 base flood elevations, 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 base flood elevations are required by the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, 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
NORTH CAROLINA
Bladen County (Unincorporated Areas)
Lateral 7 Creek	At the confluence with Bryant Swamp	None	•105	Town of Bladenboro, Bladen County (Unincorporated Areas)
	Approximately 1,700 feet upstream of Poplar Street	None	•114
Barefoot Swamp	At the confluence with Crawley Swamp	None	•104	Bladen County (Unincorporated Areas)
	Approximately 0.7 mile upstream of Highway 41	None	116
Big Foot Marsh	At the confluence with Brown Marsh Swamp	None	•71	Town of Clarkton, Bladen County (Unincorporated Areas)
	Approximately 100 feet downstream of Business 701	None	•78
Black Swamp	At the Bladen-Robeson County boundary	None	•108	Bladen County (Unincorporated Areas)
	Approximately 1.9 miles upstream of Highway 131	None	•123
Brown Marsh Swamp	Approximately 1,500 feet upstream of Red Hill Road	None	•70	Bladen County (Unincorporated Areas)
	Approximately 0.9 mile upstream of Highway 701	None	•86
Bryant Swamp	At the Bladen-Robeson County boundary	None	•92	Town of Bladenboro, Bladen County (Unincorporated Areas)
	Approximately 0.25 mile upstream of Highway 211 Bypass	None	•107
Crawley Swamp	At the Bladen-Robeson County boundary	None	•100	Bladen County (Unincorporated Areas)
	Approximately 1.0 mile downstream from State Route 410	None	•108
Crooked Bay	At the Bladen-Robeson County boundary	None	•109	Bladen County (Unincorporated Areas)
	Approximately 1,200 feet downstream from Tar-heel Ferry Road	None	•113
Doubles Branch	Approximately 200 feet downstream of Burney Ford Road	None	•81	Bladen County (Unincorporated Areas)
	Approximately 1.2 miles upstream of Burney Ford Road	None	•89
Elkton Marsh	At the confluence with Brown Marsh Swamp	None	•87	Bladen County (Unincorporated Areas)
	Approximately 600 feet downstream of Burney Ford Road	None	•100
Horsepen Branch	Approximately 1,500 feet downstream from the confluence of Spring Branch	None	•87	Bladen County (Unincorporated Areas)
	Approximately 0.5 mile upstream of Highway 410	None	•100
Middle Swamp	At the confluence with Elkton Marsh	None	•78	Bladen County (Unincorporated Areas)
	Approximately 1.0 mile upstream of Porterville School Road	None	•96
Rattlesnake Creek	At the confluence of Spring Branch	None	•91	Bladen County (Unincorporated Areas)
	At the Bladen-Columbus County boundary	None	•96
Reedy Creek	At the confluence with Black Swamp	None	•118	Bladen County (Unincorporated Areas)
	Approximately 1.1 miles upstream of Highway 87	None	•140
Slender Branch	At the confluence with Horsepen Branch	None	•93	Bladen County (Unincorporated Areas)
	Approximately 1.0 mile upstream of the confluence with Horsepen Branch	None	•100
Spring Branch	At the confluence with Horsepen Branch	None	•89	Bladen County (Unincorporated Areas)
	Approximately 4,700 feet upstream of State Route 242	None	•104
Wateree Creek	At the confluence of Bryant Swamp	None	•101
	Approximately 200 feet upstream of 211 Bypass	None	•115	Town of Bladenboro, Bladen County (Unincorporated Areas)
Big Swamp	Approximately 1.8 miles upstream of the confluence of Bryant Swamp	None	•99	Bladen County (Unincorporated Areas)
	At the confluence with Big Marsh Swamp	None	•122
Galberry Swamp	At the confluence with Big Marsh Swamp	None	•122	Bladen County (Unincorporated Areas)
	At the Bladen-Cumberland County boundary	None	•135
Lumber River	At the Bladen-Robeson-Columbus County boundary	None	•89	Bladen County (Unincorporated Areas)
	Approximately 1.8 miles upstream of the confluence of Bryant Swamp and Big Swamp	None	•99
Bladen County (Unincorporated Areas)
Maps available for inspection at the Bladen County Courthouse, 106 East Broad Street, Room 107, Elizabethtown, North Carolina.
Send comments to Mr. Gregory Martin, Bladen County Manager, P.O. Box 1048, 106 East Broad Street, Room 105, Elizabethtown, North Carolina 28337.
Town of Bladenboro
Maps available for inspection at the Bladenboro Town Hall, 305 South Main Street, Bladenboro, North Carolina.
Send comments to the Honorable Livingston Lewis, Mayor of the Town of Bladenboro, P.O. Box 455, 3055 South Main Street, Bladenboro, North Carolina 28320.
Town of Clarkton
Maps available for inspection at the Clarkton Town Hall, 81 North Elm Street, Clarkton, North Carolina.
Send comments to the Honorable Robert C. Clark, Mayor of the Town of Clarkton, P.O. Box 307, 81 North Elm Street, Clarkton, North Carolina 28433.
NORTH CAROLINA
Halifax County (Unincorporated Areas)
Bear Swamp	Approximately 500 feet upstream of the confluence with Little Fishing Creek	•160	•161	Halifax County (Unincorporated Areas)
	Approximately 3.4 miles upstream of Airlie Road	None	•214
Beaverdam Swamp	At the confluence with Marsh Swamp	•81	•82	Halifax County (Unincorporated Areas)
	Approximately 1.4 miles upstream of I-95	None	•132
Beaverdam Swamp Tributary	At the confluence with Beaverdam Swamp	None	•106	Halifax County (Unincorporated Areas)
	Approximately 1.5 miles upstream of Beaverdam Road	None	•120
Beech Swamp	At the confluence with Fishing Creek	None	•62	Halifax County (Unincorporated Areas), Town of Enfield
	Approximately 0.5 mile upstream of the confluence of Beech Swamp Tributary 1	None	•77
Beech Swamp Tributary 1	At the confluence with Beech Swamp	None	•74	Halifax County (Unincorporated Areas)
	Approximately 700 feet upstream of Thirteen Bridges Road	None	•103
Beech Swamp Tributary 2	At the confluence with Beech Swamp Tributary 1	None	•77	Halifax County (Unincorporated Areas)
	Approximately 0.5 mile upstream of Loop Road	None	•93
Beech Swamp Tributary 3	Approximately 0.5 mile upstream of the confluence with Beech Swamp	•80	•81	Halifax County (Unincorporated Areas), Town of Enfield
	Approximately 1.4 miles upstream of the confluence with Beech Swamp	None	•97
Bens Creek	At the confluence with Little Fishing Creek	None	•186	Halifax County (Unincorporated Areas)
	At the Halifax-Warren County boundary	None	•188
Breeches Swamp	At the confluence with Jacket Swamp	None	•95	Halifax County (Unincorporated Areas)
	Approximately 0.8 mile upstream of Ringwood Road	None	•107
Burnt Coat Swamp	Approximately 0.5 mile downstream of Justice Branch Road	•80	•81	Halifax County (Unincorporated Areas), Town of Enfield
	Approximately 2.0 miles upstream of the confluence of Jacket Swamp	None	•102
Butterwood Creek	At the confluence with Bear Swamp	None	•176	Halifax County (Unincorporated Areas)
	Approximately 1.3 miles upstream of Cold Mine School Road	None	•267
Deep Creek (Downstream)	At the Halifax-Edgecombe County boundary	None	•61	Halifax County (Unincorporated Areas), Town of Scotland Neck
	Approximately 0.5 mile downstream of U.S. Highway 258	None	•76
Deep Creek (Upstream)	Approximately 1,000 feet upstream of confluence with Deep Creek Tributary	None	•86	Halifax County (Unincorporated Areas)
	Approximately 2.3 miles upstream of Highway 125/903	None	•101
Deep Creek Tributary	At confluence with Deep Creek	None	•86	Halifax County (Unincorporated Areas)
	Approximately 1.5 miles upstream of Thirteen Bridges Road	None	•106
Deep Creek Tributary 5	At the confluence with Deep Creek	None	•62	Halifax County (Unincorporated Areas), Town of Hobgood
	Approximately 0.5 mile upstream of the confluence with Deep Creek Tributary 6	None	•77
Deep Creek Tributary 6	At the confluence with Deep Creek Tributary 5	None	• 76	Halifax County (Unincorporated Areas)
	Approximately 0.5 mile upstream of the confluence with Deep Creek Tributary 5	None	•79
Deep Creek Tributary 7	At the confluence with Deep Creek	None	•67	Halifax County (Unincorporated Areas)
	Approximately 2.1 miles upstream of the confluence with Deep Creek	None	•77
Fishing Creek (Upstream)	Approximately 50 feet downstream of Ward Road	None	•129	Halifax County (Unincorporated Areas)
	At the Halifax-Warren County boundary	None	•165
Fishing Creek (Downstream)	At the Halifax-Edgecombe County boundary	None	•60	Halifax County (Unincorporated Areas)
	Approximately 200 feet downstream of 301	None	•95
Fishing Creek Tributary 4	At the confluence with Fishing Creek	None	•80	Halifax County (Unincorporated Areas)
	Approximately 500 feet upstream of Thirteen Bridges Road	None	•101
Fishing Creek Tributary 5	At the confluence of Fishing Creek	None	•90	Halifax County (Unincorporated Areas), Town of Enfield
	Approximately 0.7 mile upstream of South Dennis Street	None	•102
Jacket Swamp	At the confluence with Burnt Coat Swamp	None	•90	Halifax County (Unincorporated Areas)
	Approximately 0.8 mile upstream of I-95	None	•115
Little Fishing Creek	Approximately 0.3 mile upstream of confluence with Bear Swamp	None	•161	Halifax County (Unincorporated Areas)
	At the Halifax-Warren County boundary	None	•186
Little Fishing Creek Tributary 1	At the confluence with Little Fishing Creek	None	•165	Halifax County (Unincorporated Areas)
	Approximately 0.4 mile upstream of confluence of Little Fishing Creek Tributary 3	None	•227
Little Fishing Creek Tributary 2	At the confluence with Little Fishing Creek Tributary 1	None	•200	Halifax County (Unincorporated Areas)
	At the Halifax-Warren County boundary	None	•240
Little Fishing Creek Tributary 3	At the confluence with Little Fishing Creek Tributary 1	None	•216	Halifax County (Unincorporated Areas)
	Approximately 400 feet upstream of Highway 561	None	•238
Little Fishing Creek Tributary 4	At the confluence with Little Fishing Creek	None	•175	Halifax County (Unincorporated Areas)
	At the Halifax-Warren County boundary	None	•188
Little Fishing Creek Tributary 5	At the confluence with Little Fishing Creek Tributary 4	None	•175	Halifax County (Unincorporated Areas)
	Approximately 0.7 mile upstream of the confluence of Little Fishing Creek Tributary 4	None	•192
Little Fishing Creek Tributary 6	At the confluence with Little Fishing Creek	None	•178	Halifax County (Unincorporated Areas)
	Approximately 1.5 miles upstream of the confluence with Little Fishing Creek	None	•205
Little Fishing Creek Tributary 7	At the confluence with Little Fishing Creek	None	•181	Halifax County (Unincorporated Areas)
	Approximately 0.9 mile upstream of Spruills Bridge Road	None	•200
Marsh Swamp	At the downstream side of Aurelian Springs Road	None	•129	Halifax County (Unincorporated Areas)
	Approximately 0.7 mile upstream of Aurelian Springs Road	None	•130
Marsh Swamp Tributary 1	Approximately 0.2 mile upstream of the confluence with Marsh Swamp	None	•85	Halifax County (Unincorporated Areas)
	Approximately 0.2 mile downstream of Justice Branch Road	None	•99
Marsh Swamp Tributary 2	Approximately 1,500 feet upstream of the confluence with Marsh Swamp	None	•92	Halifax County (Unincorporated Areas)
	Approximately 3.5 miles upstream of the confluence with Marsh Swamp	None	•96
Porter Creek	At the confluence with Little Fishing Creek	None	•166	Halifax County (Unincorporated Areas)
	At the Halifax-Warren County boundary	None	•226
Reedy Creek	At the confluence with Little Fishing Creek	None	•180	Halifax County (Unincorporated Areas)
	At the Halifax-Warren County boundary	None	•180
Rocky Swamp	Approximately 800 feet downstream of Highway 481	•108	•109	Halifax County (Unincorporated Areas)
	Approximately 1.0 mile upstream of Sledge Road	None	•194
Halifax County Unincorporated Areas
Maps available for inspection at the Halifax County Planning Office, Public Works Building, Room 102, 26 North King Street, Halifax, North Carolina.
Send comments to Mr. Matthew Delk, Halifax County Manager, P.O. Box 38, Halifax, North Carolina 27839.
Town of Enfield
Maps available for inspection at the Enfield Town Hall, 105 Northwest Railroad Street, Enfield, North Carolina.
Send comments to The Honorable Edward Jones, Mayor of the Town of Enfield, P.O. Box 699, Enfield, North Carolina 27823.
Town of Hobgood
Maps available for inspection at the Hobgood Town Hall, 207 West Commerce Street, Hobgood, North Carolina.
Send comments to The Honorable Tim Purvis, Mayor of the Town of Hobgood, P.O. Box 217, Hobgood, North Carolina 27843.
Town of Scotland Neck
Maps available for inspection at the Scotland Neck Town Hall, 1310 Main Street, Scotland Neck, North Carolina.
Send comments to The Honorable Robert Partin, Mayor of the Town of Scotland Neck, P.O. Box 537, Scotland Neck, North Carolina 27874.
NORTH CAROLINA
Unincorporated Areas of Warren County
Bens Creek	At the downstream county boundary	None	•187	Warren County (Unincorporated Areas).
	Approximately 850 feet upstream of Skinner Road	None	•265
Big Branch	At the confluence with Little Fishing Creek and Walkers Creek.	None	•240	Warren County (Unincorporated Areas).
	Approximately 1.1 miles upstream of the confluence with Little Fishing Creek and Walkers Creek	None	•250
Bobs Branch	At the confluence with Fishing Creek	None	•176	Warren County (Unincorporated Areas).
	Approximately 0.6 mile upstream of the confluence with Fishing Creek	None	•180
Bridle Creek	At the confluence with Fishing Creek	None	•238	•Warren County (Unincorporated Areas).
	Approximately 3.2 miles upstream of the confluence with Fishing Creek	None	•304
Buffalo Branch	At the confluence with Shocco Creek	None	•254	Warren County (Unincorporated Areas).
	Approximately 1.5 miles upstream of the confluence with Shocco Creek	None	•284
Buffalo Creek	At the confluence with Fishing Creek	None	•192	Warren County (Unincorporated Areas).
	Approximately 1.2 miles upstream of Davis Bugg Road	None	•216
Cabin Branch	At the confluence with Shocco Creek	None	•223	Warren County (Unincorporated Areas).
	Approximately 1.2 miles upstream of confluence with Shocco Creek	None	•242
Dowtins Creek	At the confluence with Walkers Creek	None	•241	Warren County (Unincorporated Areas).
	Approximately 1.7 miles upstream of the confluence with Walkers Creek	None	•261
Fishing Creek	At the downstream county boundary	None	•165	Warren County (Unincorporated Areas).
	At the upstream county boundary	None	•345
Gum Pond Branch	At the confluence with Fishing Creek	None	•200	Warren County (Unincorporated Areas).
	Approximately 0.8 mile upstream of the confluence with Fishing Creek	None	•208
Gunters Creek	At the confluence with Fishing Creek	None	•181	Warren County (Unincorporated Areas).
	Approximately 150 feet downstream of Tutelo Road	None	•198
Hogpen Branch	At the confluence with Fishing Creek	None	•176	Warren County (Unincorporated Areas).
	Approximately 1.2 miles upstream of the confluence with Fishing Creek	None	•190
Horse Creek	At the confluence with Fishing Creek	None	•251	Warren County (Unincorporated Areas).
	Approximately 0.3 mile upstream of the confluence with Fishing Creek	None	•253
Horsepen Branch	At the confluence with Shocco Creek	None	•242	Warren County (Unincorporated Areas).
	Approximately 1.2 miles upstream of the confluence with Shocco Creek	None	•258
Lees Branch	At the confluence with Shocco Creek	None	•284	Warren County (Unincorporated Areas).
	Approximately 630 feet upstream of Pinnel Road	None	•324
Little Fishing Creek	Approximately 300 feet downstream of the confluence of Bens Creek	None	•185	Warren County (Unincorporated Areas).
	At the confluence of Big Branch and Walkers Creek	None	•240
Little Fishing Creek Tributary 2	At the downstream county boundary	None	•241	Warren County (Unincorporated Areas).
	Approximately 0.3 mile upstream of the county boundary	None	•246
Little Fishing Creek Tributary 4	At the downstream county boundary	None	•190	Warren County (Unincorporated Areas).
	Approximately 930 feet upstream of Long School Road	None	•244
Little Shocco Creek	At the confluence with Shocco Creek	None	•206	Warren County (Unincorporated Areas)
	Approximately 2.2 miles upstream of Rod Alston Road	None	258
Long Branch	At the confluence with Fishing Creek	None	•192	Warren County (Unincorporated Areas)
	Approximately 0.4 mile upstream of Otis Clark Road	None	•217
Maple Branch	At the confluence with Fishing Creek	None	•168	Warren County (Unincorporated Areas)
	Approximately 0.6 mile upstream of Maple Road	None	•206
Matthews Creek	At the confluence with Fishing Creek	None	•291	Warren County (Unincorporated Areas)
	Approximately 1.7 miles upstream of Manson Axtell Road	None	•335
Mill Branch	At the confluence with Fishing Creek	None	•207	Warren County (Unincorporated Areas)
	Approximately 800 feet upstream of Gum Pond Road	None	•213
Owens Creek	At the confluence with Fishing Creek	None	•268	Warren County (Unincorporated Areas)
	Approximately 2.3 miles upstream of Ridgeway Road	None	•358
Phoebes Creek	At the confluence with Fishing Creek	None	•264	Warren County (Unincorporated Areas)
	Approximately 400 feet downstream of Martin Luther King Boulevard	None	•310
Porter Creek	At the county boundary	None	•228	Warren County (Unincorporated Areas)
	Approximately 0.3 mile upstream of the county boundary	None	•232
Possumquarter Creek	At the confluence with Fishing Creek	None	•234	Warren County (Unincorporated Areas)
	Approximately 2.0 miles upstream of Baltimore Church Road	None	•258
Reedy Branch	At the confluence with Fishing Creek	None	•187	Warren County (Unincorporated Areas)
	Approximately 0.9 mile upstream of the confluence with Fishing Creek	None	•196
Reedy Creek	Approximately 100 feet upstream of the county boundary	None	•179	Warren County (Unincorporated Areas)
	Approximately 0.5 mile upstream of Airport Road	None	•367
Richneck Creek	At the confluence with Fishing Creek	None	•234	Warren County (Unincorporated Areas)
	Approximately 150 feet downstream of Limer Town Road	None	•277
Richneck Creek Tributary 1	At the confluence with Richneck Creek	None	•249	Warren County (Unincorporated Areas)
	Approximately 1.2 miles upstream of the confluence with Richneck Creek	None	•283
Sandy Creek	At the downstream county boundary	None	•280	Warren County (Unincorporated Areas)
	At the upstream county boundary	None	•298
Shocco Creek	At the confluence with Fishing Creek	None	•210	Warren County (Unincorporated Areas)
	Approximately 2.7 miles upstream of Shepard Road	None	•232
Shocco Creek Tributary 1	At the confluence with Shocco Creek	None	•210	Warren County (Unincorporated Areas)
	Approximately 1.3 miles upstream of the confluence with Shocco Creek	None	•232
Walkers Creek	At the confluence with Little Fishing Creek and Big Branch	None	•240	Warren County (Unincorporated Areas)
	Approximately 700 feet upstream of Airport Road	None	•278
Walkers Creek Tributary	At the confluence with Walkers Creek	None	•251	Warren County (Unincorporated Areas)
	Approximately 0.7 mile upstream of the confluence with Walkers Creek	None	•267
Warren County (Unincorporated Areas)
Maps available for inspection at the Warren County Planning and Zoning Office, 720 West Ridgeway Street, Warrenton, North Carolina.
Send comments to Ms. Loria Williams, Warren County Manager, 105 South Front Street, Warrenton, North Carolina 27589.

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

Dated: April 23, 2003.

Anthony S. Lowe,

Mitigation Division Director, Emergency Preparedness and Response Directorate.