[Federal Register: October 17, 2006 (Volume 71, Number 200)] [Rules and Regulations] [Page 60919-60923] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr17oc06-29] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 Final Flood Elevation Determinations AGENCY: Federal Emergency Management Agency (FEMA), Department of Homeland Security, Mitigation Division. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: Base (1% annual chance) Flood Elevations (BFEs) and modified BFEs are made final for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that each 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: Effective Dates: The date of issuance of the Flood Insurance Rate Map (FIRM) showing BFEs and modified BFEs for each community. This date may be obtained by contacting the office where the maps are available for inspection as indicated on the table below. ADDRESSES: The final 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, (202) 646-3151. SUPPLEMENTARY INFORMATION: FEMA makes the final determinations listed below for the modified BFEs for each community listed. These modified elevations have been published in newspapers of local circulation and ninety (90) days have elapsed since that publication. The Mitigation Division Director has resolved any appeals resulting from this notification. This final rule is issued in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part 67. The Agency has developed criteria for floodplain management in floodprone areas in accordance with 44 CFR part 60. Interested lessees and owners of real property are encouraged to review the proof Flood Insurance Study and FIRM available at the address cited below for each community. The BFEs and modified BFEs are made final in the communities listed below. Elevations at selected locations in each community are shown. National Environmental Policy Act. This 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 final rule is not a significant regulatory action under the criteria of Section 3(f) of Executive Order 12866 of September 30, [[Page 60920]] 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. 0 Accordingly, 44 CFR part 67 is amended as follows: PART 67--[AMENDED] 0 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. 67.11 [Amended] 0 2. The tables published under the authority of Sec. 67.11 are amended as follows: ---------------------------------------------------------------------------------------------------------------- *Elevation in feet (NGVD). +Elevation in Location of referenced feet (NAVD). Flooding source(s) elevationDepth Communities affected in feet above ground. Modified ---------------------------------------------------------------------------------------------------------------- Pender County, North Carolina and Incorporated Areas Docket Nos.: FEMA-D-7626 and D-7662 ---------------------------------------------------------------------------------------------------------------- Angola Creek............................ At the confluence with +20 Pender County Holly Shelter Creek. (Unincorporated Areas). Approximately 0.2 mile +31 downstream of the Pender/ Duplin County boundary. Tributary 3......................... At the confluence with +23 Pender County Angola Creek. (Unincorporated Areas). Approximately 500 feet +33 upstream of Cypress Creek Road. Tributary 4......................... At the confluence with +26 Pender County Angola Creek. (Unincorporated Areas). Approximately 1.4 miles +42 upstream of NC Highway 50. Ashes Creek............................. At the confluence with +17 Pender County Northeast Cape Fear River. (Unincorporated Areas). Approximately 2.8 miles +35 upstream of Southwest Lake. Bear Branch............................. At the confluence with +16 Pender County Black River. (Unincorporated Areas). Approximately 2,000 feet +28 upstream of Blueberry Road. Beckys Creek............................ Approximately 1.1 miles +8 Pender County upstream of the (Unincorporated Areas). Intracoastal Waterway. Approximately 1.0 mile +29 upstream of State Route 210. Bee Branch.............................. At the confluence with +45 Pender County Cypress Creek (near Wards (Unincorporated Areas). Corner). Approximately 350 feet +55 upstream of Shiloh Road. Big Branch.............................. At the confluence with +14 Pender County Colvins Creek. (Unincorporated Areas). Approximately 875 feet +24 upstream of the confluence with Big Branch Tributary. Big Branch Tributary.................... At the confluence with Big +23 Pender County Branch. (Unincorporated Areas). Approximately 0.37 mile +33 upstream of the confluence with Big Branch. Black River............................. At the confluence with +9 Pender County Cape Fear River. (Unincorporated Areas). Approximately 350 feet +24 upstream of Beattys Bridge Road. Burgaw Creek............................ At the confluence with +15 Pender County Northeast Cape Fear River. (Unincorporated Areas), Town of Burgaw. Approximately 400 feet +50 upstream of West Wilmington Street. Cape Fear River......................... Approximately 0.6 mile +8 Pender County downstream of the (Unincorporated Areas). confluence with Black River. At the Bladen/Pender +23 County boundary. Catskin Creek........................... At the confluence with +9 Pender County Merricks and Players (Unincorporated Areas). Creek. Approximately 6.6 miles +34 upstream of the confluence with Merricks and Players Creek. Colvins Creek........................... At the confluence with +16 Pender County Black River. (Unincorporated Areas). Approximately 0.8 mile +70 upstream of Beattys Bridge Road. Tributary........................... At the confluence with +25 Pender County Colvins Creek. (Unincorporated Areas). Approximately 0.5 mile +44 upstream of Slocum Trail. [[Page 60921]] Cypress Creek (near Stag Park).......... At the confluence with +13 Pender County Northeast Cape Fear River. (Unincorporated Areas), Village of Saint Helena. Approximately 800 feet +57 upstream of Front Street. Cypress Creek (near Wards Corner)....... At the confluence with +25 Pender County Long Creek. (Unincorporated Areas). Approximately 0.5 mile +53 upstream of Shiloh Road. Doctors Creek........................... At the confluence with +39 Pender County Rockfish Creek. (Unincorporated Areas). Approximately 0.25 mile +51 upstream of Katie Ford Road. Dry Branch.............................. Approximately 20 feet +51 Pender County upstream of NC Highway (Unincorporated Areas). 421. Approximately 1.1 miles +55 upstream of NC Highway 421. Godfrey Creek........................... At the confluence with +16 Pender County Harrisons Creek. (Unincorporated Areas). Approximately 2.1 miles +32 upstream of the confluence with Harrisons Creek. Guffords Branch......................... At the confluence with +10 Pender County Rileys Creek. (Unincorporated Areas). Just downstream of Highway +11 210. Harrisons Creek......................... At State Route 210........ +8 Pender County (Unincorporated Areas). Approximately 300 feet +29 upstream of Holiday Drive. Holly Shelter Creek..................... At the confluence with +17 Pender County Northeast Cape Fear River. (Unincorporated Areas). At the Pender/Onslow +37 County boundary. Island Creek Tributary.................. Approximately 0.4 mile +9 Pender County upstream of the (Unincorporated Areas). confluence with Island Creek. Approximately 2.8 miles +27 upstream of the confluence with Island Creek. Jones Creek............................. At the confluence with +34 Pender County Colvins Creek. (Unincorporated Areas). Approximately 1.0 mile +36 upstream of Beattys Bridge Road. Kellys Creek............................ At the confluence with +25 Pender County Rileys Creek. (Unincorporated Areas). Approximately 200 feet +29 upstream of Little Kelly Road. Lillington Creek........................ At the confluence with +13 Pender County Northeast Cape Fear River. (Unincorporated Areas). Approximately 2.7 miles +29 upstream of Shaw Highway. Long Creek.............................. Approximately 3.5 miles +7 Pender County upstream of the (Unincorporated Areas). confluence with Northeast Cape Fear River. At NC Highway 53.......... +31 Lillington Creek Tributary.............. At the confluence with +13 Pender County Lillington Creek. (Unincorporated Areas). Approximately 0.9 mile +17 upstream of Vogler Drive. Long Creek Tributary.................... At the confluence with +26 Pender County Long Creek. (Unincorporated Areas). Approximately 0.3 mile +30 upstream of the confluence with Long Creek. Lewis Creek............................. Approximately 1,500 feet +23 Pender County upstream of the (Unincorporated Areas). confluence with Northeast Cape Fear River. Approximately 600 feet +24 downstream of U.S. Highway 117. Merricks Creek.......................... At State Route 210........ +8 Pender County (Unincorporated Areas). At the confluence with +9 Catskin Creek. Mill Branch (of Moores Creek)........... Approximately 0.7 mile +43 Pender County downstream of NC Highway (Unincorporated Areas), 53. Town of Atkinson. At Church Street (NC +64 Highway 53). Mill Creek.............................. At the confluence with +27 Pender County Rileys Creek. (Unincorporated Areas). Approximately 200 feet +30 upstream of Highsmith Road. Mill Pond............................... At the confluence with +17 Pender County Holly Shelter Creek. (Unincorporated Areas). Approximately 1.5 miles +17 upstream of Highway 53. [[Page 60922]] Moores Creek............................ At the confluence with +27 Pender County Holly Shelter Creek. (Unincorporated Areas). At the Pender/Onslow +43 County boundary. Moores Creek (near Atkinson)............ Approximately 1.2 miles +16 Pender County upstream of Highway 210. (Unincorporated Areas). Approximately 0.3 mile +20 downstream of John Henry Store Road. Tributary 1......................... At the confluence with +33 Pender County Moores Creek. (Unincorporated Areas). At the confluence with +51 Moores Creek. At the Pender/Onslow +39 Pender County County boundary. (Unincorporated Areas). Tributary 2......................... At the confluence with +46 Moores Creek. At the confluence with +37 Pender County Moores Creek. (Unincorporated Areas). Tributary 6......................... At the confluence with +42 Pender County Moores Creek Tribuatory (Unincorporated Areas). 6.. Tributary 7......................... At the confluence with +42 Pender County Moores Creek Tributary 6. (Unincorporated Areas). Approximately 1.0 mile +74 upstream of Cypress Creek Road. Northeast Cape Fear River............... At the upstream side of +8 Pender County State Route 210. (Unincorporated Areas). At the Pender/Duplin +26 County boundary. Pike Creek.............................. At the confluence with +10 Pender County Northeast Cape Fear River. (Unincorporated Areas). Approximately 2.1 miles +34 upstream of Interstate 40. Players Creek........................... At the confluence with +9 Pender County Merricks Creek. (Unincorporated Areas). Approximately 2.5 miles +25 upstream of the confluence with Merricks Creek. Rileys Creek............................ At the confluence with +9 Pender County Long Creek. (Unincorporated Areas). At the confluence with +27 Mill Creek and Rizzo Creek. Rizzo Creek............................. At the confluence with +27 Pender County Rileys Creek. (Unincorporated Areas). Approximately 0.5 mile +29 upstream of the confluence with Rileys Creek. Rockfish Creek.......................... At the confluence with +26 Pender County Northeast Cape Fear River. (Unincorporated Areas). At the confluence with +39 Doctors Creek. Sandy Run Swamp......................... At the confluence with +21 Pender County Holly Shelter Creek. (Unincorporated Areas). At the Pender/Onslow +29 County boundary. Sawyer Creek............................ At the confluence with +29 Pender County Sills Creek. (Unincorporated Areas). Approximately 125 feet +42 downstream of Highway 11. Shaken Creek............................ At the confluence with +18 Pender County Holly Shelter Creek. (Unincorporated Areas). Approximately 0.3 mile +34 downstream of the Pender/ Onslow County boundary. Shelter Swamp Creek..................... At the confluence with +25 Pender County Sandy Run Swamp. (Unincorporated Areas). Approximately 1,900 feet +34 upstream of the Onslow Pender County boundary. Sills Creek............................. At the confluence with +29 Pender County Sawyer Creek. (Unincorporated Areas). Approximately 600 feet +33 downstream of Old Mill Road. Trumpeter Swamp......................... At the confluence with +16 Pender County Catskin Creek. (Unincorporated Areas). Approximately 1.2 miles +42 upstream of J. A. Drive. Turkey Creek............................ At the upstream side of +8 Pender County State Route 133. (Unincorporated Areas). Approximately 2.3 miles +22 upstream of State Route 133. Tributary........................... At the confluence with +11 Pender County Turkey Creek. (Unincorporated Areas). Approximately 850 feet +28 upstream of Arvida Spur Road. [[Page 60923]] Washington Creek........................ At the confluence with +25 Pender County Northeast Cape Fear River. (Unincorporated Areas). Approximately 0.7 mile +27 upstream of Interstate 40. Tributary........................... At the confluence with +27 Pender County Washington Creek. (Unincorporated Areas). Approximately 0.7 mile +44 upstream of the confluence with Washington Creek. White Oak Branch........................ At the confluence with +43 Pender County Tuckahoe Branch. (Unincorporated Areas). Approximately 0.6 mile +53 downstream of Shiloh Road. ---------------------------------------------------------------------------------------------------------------- ADDRESSES City of Burgaw Maps available for inspection at the Burgaw City Hall, 109 North Walker Street, Burgaw, North Carolina. Pender County (Unincorporated Areas) Maps available for inspection at the Pender County Planning Department, 805 South Walker Street, Burgaw, North Carolina. Village of Saint Helena Maps available for inspection at the Saint Helena Village Hall, 330 Main Street, Burgaw, North Carolina. ---------------------------------------------------------------------------------------------------------------- Depth in feet above ground. * National Geodetic Vertical Datum. + North American Vertical Datum. (Catalog of Federal Domestic Assistance No. 83.100, ``Flood Insurance.'') Dated: October 4, 2006. David I. Maurstad, Director, Mitigation Division, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. E6-17274 Filed 10-16-06; 8:45 am] BILLING CODE 9110-12-P