Federal Register / Vol. 69, No. 204 / Friday, October 22, 2004 / Proposed Rules 62013

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket No. FEMA–D–7606] 

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, (202) 646–2903.

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.

62014 Federal Register / Vol. 69, No. 204 / Friday, October 22, 2004 / Proposed Rules 

Source of flooding Location 

#Depth in feet

above ground.

*Elevation in feet (NGVD)

•Elevation in feet (NAVD) Communities affected 

Existing Modified 

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. 

Federal Register / Vol. 69, No. 204 / Friday, October 22, 2004 / Proposed Rules 62015

Source of flooding Location 

#Depth in feet

above ground.

*Elevation in feet (NGVD)

•Elevation in feet (NAVD) Communities affected 

Existing Modified 

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

62016 Federal Register / Vol. 69, No. 204 / Friday, October 22, 2004 / Proposed Rules 

Source of flooding Location 

#Depth in feet

above ground.

*Elevation in feet (NGVD)

•Elevation in feet (NAVD) Communities affected 

Existing Modified 

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.

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

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