[Federal Register Volume 69, Number 242 (Friday, December 17, 2004)]
[Proposed Rules]
[Pages 75496-75499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27622]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-D-7608]


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.

[[Page 75497]]


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.


Sec.  67.4  [Amended]

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

----------------------------------------------------------------------------------------------------------------
                                                              <greek-i> Depth in feet
                                                            above ground. *Elevation in
                                                               feet (NGVD). <bullet>
       Source of flooding                 Location           Elevation in feet (NACD).     Communities affected
                                                           -----------------------------
                                                                Existing       Modified
----------------------------------------------------------------------------------------------------------------
                                                 NORTH CAROLINA
                                                  Onslow County
----------------------------------------------------------------------------------------------------------------
Atlantic Ocean..................  At intersection of        <bullet>6         <bullet>8  Onslow County
                                   Chadwick Access Road                                   (Unincorporated
                                   and Carroll Street.                                    Areas).
                                  Approximately 1,500 feet  <bullet>10        <bullet>1
                                   northeast of the                                   1
                                   intersection of Canal
                                   Street and 1st Street.
Atlantic Ocean..................  Approximately 0.55 mile   <bullet>11        <bullet>8  Town of North Topsail
                                   north of the                                           Beach.
                                   intersection of 2nd
                                   Avenue and Highway 210.
                                  At intersection of Heron  <bullet>11        <bullet>1
                                   Cam Court and Highway                              2
                                   210.
Back Swamp......................  At Duplin/County          None              <bullet>5  Onslow County
                                   boundary.                                          7   (Unincorporated
                                                                                          Areas).
                                  Approximately 0.7 mile    None              <bullet>9
                                   upstream of Dell Brock                             0
                                   Road.
Back Swamp......................  At confluence with Back   None              <bullet>5  Onslow County
                                   Swamp.                                             8   (Unincorporated
                                                                                          Areas).
Tributary 1.....................  Approximately 0.8 mile    None              <bullet>8
                                   upstream of Futrell                                5
                                   Road.
Back Swamp......................  At confluence with Back   None              <bullet>6  Onslow County
                                   Swamp.                                             0   (Unincorporated
                                                                                          Areas).
Tributary 3.....................  Approximately 2.2 miles   None              <bullet>8
                                   upstream of the                                    5
                                   confluence with Back
                                   Swamp.
Back Swamp......................  At confluence with Back   None              <bullet>6  Onslow County
                                   Swamp.                                             6   (Unincorporated
                                                                                          Areas).
Tributary 6.....................  Approximately 1.4 miles   None              <bullet>8
                                   upstream of the                                    1
                                   confluence with Back
                                   Swamp.
Back Swamp......................  At confluence with Back   None              <bullet>6  Onslow County
                                   Swamp.                                             6   (Unincorporated
                                                                                          Areas).
Tributary 7.....................  Approximately 1.3 miles   None              <bullet>7
                                   upstream of the                                    9
                                   confluence with Back
                                   Swamp.
Back Swamp......................  At confluence with Back   None              <bullet>7  Onslow County
                                   Swamp.                                             0   (Unincorporated
                                                                                          Areas).
Tributary 8.....................  Approximately 0.8 mile    None              <bullet>7
                                   upstream of the                                    9
                                   confluence with Back
                                   Swamp.
Back Swamp......................  At confluence with Back   None              <bullet>7  Onslow County
                                   Swamp.                                             1   (Unincorporated
                                                                                          Areas).
Tributary 9.....................  Approximately 250 feet    None              <bullet>8
                                   upstream of Haw Branch                             2
                                   Road.
Back Swamp......................  At confluence with Back   None              <bullet>7  Onslow County
                                   Swamp.                                             8   (Unincorporated
                                                                                          Areas).
Tributary 10....................  Approximately 0.9 mile    None              <bullet>8
                                   upstream of the                                    9
                                   confluence with Back
                                   Swamp.
Back Swamp......................  At confluence with Back   None              <bullet>8  Onslow County
                                   Swamp.                                             1   (Unincorporated
                                                                                          Areas).

[[Page 75498]]

 
Tributary 11....................  Approximately 0.5 mile    None              <bullet>8
                                   upstream of the                                    5
                                   confluence with Back
                                   Swamp.
Big Shakey Swamp................  At confluence with        None              <bullet>4  Onslow County
                                   Juniper Swamp.                                     3   (Unincorporated
                                                                                          Areas).
                                  Approximately 2.1 miles   None              <bullet>5
                                   upstream of the                                    0
                                   confluence with Juniper
                                   Swamp.
Cypress Branch..................  At the Onslow/Pender      <bullet>6         <bullet>8  Town of Holly Ridge,
                                   County boundary.                                       Onslow County
                                                                                          (Unincorporated
                                                                                          Areas).
                                  Approximately 1.2 miles   None              <bullet>3
                                   upstream of the Bishop                             4
                                   Road.
Flat Swamp......................  At confluence with        None              <bullet>3  Town of Holly Ridge,
                                   Juniper Swamp.                                     7   Onslow County
                                                                                          (Unincorporated
                                                                                          Areas).
                                  Approximately 2.3 miles   None              <bullet>6
                                   upstream of Preston                                1
                                   Wells Road.
Holly Shelter Creek.............  At the Onslow/Pender      None              <bullet>3  Onslow County
                                   County boundary.                                   6   (Unincorporated
                                                                                          Areas).
                                  Approximately 0.2 mile    None              <bullet>6
                                   downstream of Hardy                                2
                                   Graham Road.
Juniper Swamp...................  At the Onslow/Pender      None              <bullet>3  Onslow County
                                   County boundary.                                   5   (Unincorporated
                                                                                          Areas).
                                  Approximately 4.7 miles   None              <bullet>5
                                   upstream of State                                  5
                                   Highway 50.
Juniper Swamp...................  At the confluence with    None              <bullet>3  Onslow County
                                   Juniper Swamp.                                     7   (Unincorporated
                                                                                          Areas).
Tributary 1.....................  Approximately 350 Areas)  None              <bullet>4
                                   feet upstream of U.S.                              3
                                   Highway 50.
Juniper Swamp...................  At the confluence with    None              <bullet>4  Onslow County
                                   Juniper Swamp.                                     4   (Unincorporated
                                                                                          Areas).
Tributary 2.....................  Approximately 1.6 miles   None              <bullet>5
                                   upstream of the                                    9
                                   confluence with Juniper
                                   Swamp.
Kings Creek.....................  At the confluence with    <bullet>6         <bullet>8  Onslow County
                                   Kings Creek.                                           (Unincorporated
                                                                                          Areas).
Tributary 1.....................  Approximately 2.1 miles   None              <bullet>5
                                   upstream of Holly Ridge-                           7
                                   Sneads Ferry Road.
Moores Creek....................  At the Onslow/Pender      None              <bullet>4  Onslow County
                                   County boundary.                                   3   (Unincorporated
                                                                                          Areas).
                                  Approximately 1.6 miles   None              <bullet>6
                                   upstream of Andemora                               6
                                   Road.
Moores Creek....................  At the Onslow/Pender      None              <bullet>5  Onslow County
                                   County boundary.                                   1   (Unincorporated
                                                                                          Areas).
Tributary 1.....................  Approximately 1.0 mile    None              <bullet>7
                                   upstream of Tomahawk                               8
                                   Road.
Moores Creek....................  At the ONslow/Pender      None              <bullet>4  Onslow County
                                   County boundary.                                   7   (Unincorporated
                                                                                          Areas).
Tributary 2.....................  Approximately 570 feet    None              <bullet>5
                                   upstream of NC Highway                             6
                                   53.
Moores Creek....................  At the confluence with    None              <bullet>4  Onslow County
                                   Moores Creek.                                      4   (Unincorporated
                                                                                          Areas).
Tributary 3.....................  Approximately 1.2 miles   None              <bullet>6
                                   upstream of the                                    2
                                   confluence with Moores
                                   Creek.
Moores Creek....................  At the confluence with    None              <bullet>4  Onslow County
                                   Moores Creek.                                      6   (Unincorporated
                                                                                          Areas).
Tributary 4.....................  Approximately 385 Areas)  None              <bullet>6
                                   feet upstream of NC                                9
                                   Highway 53.
Moores Creek....................  At the confluence with    None              <bullet>5  Onslow County
                                   Moores Creek Tributary                             2   (Unincorporated
                                   4.                                                     Areas).
Tributary 5.....................  Approximately 0.7 mile    None              <bullet>7
                                   upstream of Andemora                               0
                                   Road.
Ninemile Creek..................  At the Duplin/Onslow      None              <bullet>5  Onslow County
                                   County boundary.                                   4   (Unincorporated
                                                                                          Areas).
                                  Approximately 0.2 mile    None              <bullet>7
                                   downstream of Davis                                6
                                   Road.
Sandy Run Swamp.................  At the Onslow/Pender      None              <bullet>2  Onslow County
                                   County boundary.                                   9   (Unincorporated
                                                                                          Areas).
                                  Approximately 0.9 mile    None              <bullet>4
                                   upstream of Haws Run                               5
                                   Road.
Sandy Run Swamp.................  At the confluence with    None              <bullet>4  Onslow County
                                   Sandy Run Swamp.                                   1   (Unincorporated
                                                                                          Areas).
Tributary 1.....................  Approximately 1.5 miles   None              <bullet>4
                                   upstream of the                                    5
                                   confluence with Sandy
                                   Run Swamp.
Shelter Swamp Creek.............  At the Onslow/Pender      None              <bullet>3  Onslow County
                                   County boundary.                                   4   (Unincorporated
                                                                                          Areas).
                                  Approximately 3.2 miles   None              <bullet>5
                                   upstream of South                                  6
                                   Coston Road.
Shelter Swamp Creek.............  At the confluence of      None              <bullet>4  Onslow County
                                   Shelter Swamp.                                     1   (Unincorporated
                                                                                          Areas).
Tributary 1.....................  Approximately 0.8 mile    None              <bullet>4
                                   upstream of the                                    1
                                   confluence with Shelter
                                   Swamp Creek.
Stump Sound within the Cape Fear  Approximately 0.23 mile   <bullet>6         <bullet>8  Onslow County
 River Basin.                      south of the                                           (Unincorporated
                                   intersection of Morris                                 Areas).
                                   Landing Road and
                                   Hardison Road.
                                  Along the shoreline at    <bullet>8         <bullet>1
                                   Thomas Landing (at the                             1
                                   mouth of Turkey Creek).
Tenmile Swamp...................  At the confluence with    None              <bullet>5  Onslow County
                                   Ninemile Creek.                                    5   (Unincorporated
                                                                                          Areas).

[[Page 75499]]

 
                                  Approximately 1.3 miles   None              <bullet>7
                                   upstream of Swinson                                4
                                   Road.
---------------------------------
                                               Town of Holly Ridge
 
Maps available for inspection at the Holly Ridge Town Hall, 212 Dyson Street, Holly Ridge, North Carolina.
 
Send comments to The Honorable Elmer Padgett, Mayor of the Town of Holly Ridge, P.O. Box 145, Holly Ridge, North
 Carolina 28445.
 
Town of North Topsail Beach
 
Maps available for inspection at the North Topsail Beach Town Hall, 2008 Loggerhead Court, North Topsail Beach,
 North Carolina.
 
Send comments to The Honorable Rodney Knowles, Mayor of the Town of North Topsail Beach, 2008 Loggerhead Court,
 North Topsail Beach, North Carolina 28460.
 
Onslow County (Unincorporated Areas)
 
Maps available for inspection at the Onslow County Floodplain Administration, 604 College Street, Jacksonville,
 North Carolina.
 
Send comments to Mr. Ronald Lewis, Onslow County Manager, 118 Old Bridge Street, Jacksonville, North Carolina
 28540-4259.
----------------------------------------------------------------------------------------------------------------


(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance.'')

    December 8, 2004.
David I. Maurstad,
Acting Director, Mitigation Division, Emergency Preparedness and 
Response Directorate.
[FR Doc. 04-27622 Filed 12-16-04; 8:45 am]
BILLING CODE 9110-12-P