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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

CFR Citation: 44 CFR Part 67

Docket ID: [Docket No. FEMA-D-7598]

NOTICE: PROPOSED RULES

ACTION: Flood elevation determinations:

DOCUMENT ACTION: Proposed rule.

SUBJECT CATEGORY: Proposed Flood Elevation Determinations

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.

DOCUMENT 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).

SUMMARY: Various States,

SUPPLEMENTAL 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: [[Page 50352]]

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:
Depth in feet above ground. *Elevation in feet (NGVD) Source of flooding Location

Elevation in Communities affected feet (NAVD) Existing Modified FLORIDA Pinellas County Stevenson Creek..................... Just upstream of

11

10 Pinellas County Douglas Avenue. (Unincorporated Areas), City of Clearwater, City of Largo. Approximately 350 feet None

42 upstream of Southridge Drive.
Spring Branch....................... Just upstream of

11

10 Pinellas County Overbrook Road. (Unincorporated Areas), City of Clearwater. Approximately 1,500 None

28 feet upstream of
Highland Avenue.
Flagler Drive Tributary............. At the confluence with

15

14 Pinellas County Stevenson Creek. (Unincorporated Areas), City of Clearwater. Approximately 1,250 None

62 feet upstream of Keene Road.
Jeffords Street Tributary........... At Jeffords Street.....

26

27 Pinellas County (Unincorporated Areas), City of Clearwater. Approximately 650 feet None

34 upstream of Woodcrest Avenue.
Ponding Area No. 1.................. Approximately 250 feet None

21 City of Clearwater. northeast of the
intersection of
Douglas Avenue and Iva Street in the area of Woodlawn Terrace and Idlewood Drive.
Crest Lake.......................... Approximately 500 feet None

69 City of Clearwater. northeast of the
intersection of Gulf toBay Boulevard and
Glenwood Avenue.
Ponding Area No. 15................. Approximately 350 feet None

62 Pinellas County southwest of the (Unincorporated intersection of South Areas), City of Missouri Avenue and Clearwater. Belleair Road and 350 feet northeast of the intersection of Ponce De Leon Boulevard and Greenwood Avenue.
Ponding Area No. 2.................. At the intersection of None

61 City of Clearwater. Druid Road and Duncan Avenue.
Hammond Creek....................... At the confluence with

11

10 Pinellas County Stevenson Creek. (Unincorporated Areas), City of Clearwater. Approximately 325 feet None

28 upstream of Highland Avenue.
Ponding Area No. 3.................. Approximately 150 feet None

46 Pinellas County northeast of the (Unincorporated intersection of Keene Areas), City of Road and Magnolia Clearwater. Drive.
Ponding Area No. 4.................. Approximately 150 feet None

43 Pinellas County southwest of the (Unincorporated intersection of Keene Areas). Road and Magnolia
Drive.
Ponding Area No. 5.................. Approximately 50 feet None

42 Pinellas County southeast of the (Unincorporated intersection of Keene Areas). Road and Magnolia
Drive.
Lake Rhonda......................... Approximately 100 feet None

35 Pinellas County southeast of the (Unincorporated intersection of Areas). Magnolia Drive and
Keene Road.
Ponding Area No. 6.................. Approximately 100 feet None

47 Pinellas County southwest of the (Unincorporated intersection of Areas), City of Highland Avenue and Clearwater. Belleair Road.
Ponding Area No. 7.................. Approximately 500 feet None

61 City of Clearwater. northeast of the
intersection of
Missouri Avenue and
Bellevue Boulevard.
Ponding Area No. 8.................. Approximately 1,000 None

36 City of Clearwater. feet southeast of the intersection of
Lakeview Road and
Evergreen Drive in the vicinity of Byron
Court.
Clearview Lake...................... Approximately 1,000 None

57 City of Clearwater. feet northwest of
Sunset Point Road and Keene Road.
Ponding Area No. 9.................. At the intersection of None

20 City of Clearwater. North Greenwood Avenue and Palmetto Street. [[Page 50353]]
Lake Bellevue Area No. 1............ Approximately 1,000 None

39 City of Clearwater. feet northeast of the intersection of
Lakeview Road and
Greenwood Avenue.
Lake Bellevue Area No. 2............ Approximately 500 feet None

40 City of Clearwater. north of the
intersection of
Lakeview Road and
Greenwood Avenue.
Lake Bellevue Area No. 3............ Approximately 250 feet None

41 City of Clearwater. northwest of the
intersection of
Lakeview Road and
Greenwood Avenue.
Lake Bellevue Area No. 4............ Approximately 250 feet None

42 City of Clearwater. southwest of the
intersection of
Lakeview Road and
Greenwood Avenue.
Lake Bellevue Area No. 5............ Approximately 1,500 None

43 City of Clearwater. feet southwest of the intersection of
Lakeview Road and
Greenwood Avenue.
Lake Bellevue Area No. 6............ Approximately 600 feet None

44 City of Clearwater. north of the
intersection of
Woodlawn Avenue and
South Myrtle Avenue. Lake Bellevue Area No. 7............ Approximately 400 feet None

45 City of Clearwater. north of the
intersection of
Woodlawn Avenue and
South Myrtle Avenue. Lake Bellevue Area No. 8............ Approximately 250 feet None

46 City of Clearwater. north of the
intersection of
Woodlawn Avenue and
South Myrtle Avenue. Lake Bellevue Area No. 9............ Approximately 100 feet None

47 City of Clearwater. north of the
intersection of
Woodlawn Avenue and
South Myrtle Avenue. Lake Bellevue Area No. 10........... Approximately 100 feet None

50 City of Clearwater. south of the
intersection of
Woodlawn Avenue and
South Myrtle Avenue 2. Lake Bellevue Area No. 11........... Approximately 500 feet None

51 City of Clearwater. south of the
intersection of
Woodlawn Avenue and
South Myrtle Avenue 2. Lake Bellevue Area No. 12........... Approximately 100 feet None

53 City of Clearwater. south of the
intersection of Howard Street and South
Myrtle Avenue 2.
Lake Bellevue Area No. 13........... Approximately 250 feet None

54 City of Clearwater. south of the
intersection of Howard Street and South
Myrtle Avenue 2.
Lake Bellevue Area No. 14........... Approximately 350 feet None

55 City of Clearwater. south of the
intersection of Howard Street and South
Myrtle Avenue 2.
Lake Bellevue Area No. 15........... Approximately 250 feet None

56 City of Clearwater. northeast of the
intersection of
Belleair Road and
South Myrtle Avenue 2. Lake Bellevue Area No. 16........... Approximately 500 feet None

57 Pinellas County southeast of the (Unincorporated intersection of Areas), City of Belleair Road and Clearwater. South Myrtle Avenue 2. Hobart Lake......................... Approximately 200 feet None

67 City of Clearwater. southwest of the
intersection of Casler Avenue and Palmetto
Street.
Ponding Area No. 10................. Approximately 1,000 None

66 City of Clearwater. feet west of Keene
Road and 150 feet
north of Hobart Lake. Lake Lucille........................ Approximately 100 feet None

60 City of Clearwater. southeast of the
intersection of
Sherwood Street and
Nelson Avenue.
Ponding Area No. 11................. Approximately 700 feet None

64 City of Clearwater. west of the
intersection of
Sherwood Street and
Keene Road.
St. Andrews Lake.................... Approximately 1,000 None

68 City of Clearwater. feet northeast of the intersection of
Airport Drive and
Keene Road.
Ponding Area No. 13................. At the intersection of None

16 City of Clearwater. North Madison Avenue and Carlton Street.
Ponding Area No. 14................. Generally following the None

24 City of Clearwater. southern side of CSX Transportation
Railroad tracks in the area where North
Greenwood Avenue
intersects with Plaza Street.
[[Page 50354]]
Highland Lake....................... Approximately 200 feet None

47 Pinellas County southwest of the (Unincorporated intersection of Areas). Valencia Street and
Lake Avenue.
Ponding Area No. 16................. Approximately 3,000 None

68 City of Clearwater. feet northwest of
intersection of
Marilyn Street and
Hercules Avenue.
Ponding Area No. 17................. Approximately 1,500 None

69 City of Clearwater. feet northwest of the intersection of
Marilyn Street and
Hercules Avenue.
Ponding Area No. 12................. At the intersection of None

21 City of Clearwater. Palmetto Street and
Pennsylvania Avenue. City of Clearwater
Maps available for inspection at the City of Clearwater Engineering Department, 100 South Myrtle Avenue, Suite 220, Clearwater, Florida.
Send comments to The Honorable Brian Aungst, Mayor of the City of Clearwater, offices of the City Commission, P.O. Box 4748, Clearwater, Florida 337584748.
City of Largo
Maps available for inspection at the Largo City Hall, 201 Highland Avenue, Largo, Florida. Send comments to The Honorable Robert Jackson, Mayor of the City of Largo, Largo City Hall, 201 Highland Avenue, Largo, Florida 33770.
Pinellas County (Unincorporated Areas)
Maps available for inspection at the Pinellas County Building, 315 Court Street, Clearwater, Florida. Send comments to Mr. Stephen Spratt, Pinellas County Administrator, 315 Court Street, Clearwater, Florida 33756.
NEW JERSEY Union County Rahway River........................ At a point immediately *10 *9 City of Rahway, upstream of Lawrence Townships of Clark, Street. Cranford, Springfield, Union, Winfield, Borough of Kenilworth. Approximately 400 feet *90 *91 downstream of
Springfield Avenue.
Black Brook......................... At the confluence with *74 *75 Borough of Kenilworth, Rahway River. Township of Union. Approximately 180 feet *74 *75 downstream of
Springfield Road.
Branch 10301...................... At the confluence with *71 *75 Borough of Kenilworth. Drainage Ditch.
Approximately 350 feet *74 *75 upstream of Lafayette Place.
College Branch...................... At the confluence with *70 *72 Township of Cranford. Rahway River.
At a point immediately *70 *72 upstream of
Springfield Avenue.
Drainage Ditch...................... At the confluence with *71 *73 Borough of Kenilworth, Rahway River. Township of Springfield. At the confluence of *71 *75 Branch 10301.
Gallows Hill Road Branch............ At the confluence with *69 *71 Township of Cranford. Rahway River.
Approximately 350 feet *70 *71 upstream of Pittsfield Street.
Garwood Brook....................... At the confluence with *68 *70 Township of Cranford. Rahway River.
Approximately 250 feet *69 *70 upstream of West Holly Street.
Nomahegan Brook..................... At the confluence with *73 *74 Townships of Cranford Rahway River. and Springfield, Town of Westfield. Approximately 580 feet *73 *74 downstream of
Springfield Avenue.
Robinsons Branch.................... At the confluence with *15 *14 City of Rahway, Town of Rahway River. Westfield, Township of Clark. At the confluence of *51 *50 Robinsons Branch.
South Branch........................ At the confluence with *11 *9 City of Rahway. Rahway River.
Approximately 100 feet *11 *10 upstream of East Inman Avenue.
Stream 1030........................ At the confluence with *71 *74 Borough of Kenilworth. Drainage Ditch.
Approximately 100 feet *73 *74 downstream of
Willshire Drive.
Vauxhall Branch..................... At the confluence with *90 *91 Township of Union. Rahway River.
At Liberty Avenue...... *90 *91 Cedar Brook......................... At Terrill Road........ None *131 Borough of Fanwood. A point immediately None *141 upstream of Willow
Avenue.
Vauxhall Sub Branch................. At the confluence with *90 *91 Township of Union. Vauxhall Branch.
At Interstate 78....... *90 *91 [[Page 50355]]
West Branch......................... At the confluence with *43 *42 Township of Union. Elizabeth River.
Approximately 1,400 None *60 feet upstream of
Garden State Parkway entrance ramp.
Lightning Brook..................... At the confluence with *56 *55 Township of Union. Elizabeth River.
Approximately 950 feet *56 *55 downstream of Union
Avenue.
Elizabeth River..................... At Trotters Lane....... *27 *18 Townships of Union and Hillside. Approximately 1,050 *67 *68 feet upstream of Union Avenue.
Trotters Lane Branch................ At Morris Avenue....... None *27 City of Elizabeth. Approximately 300 feet None *28 downstream of North
Avenue.
Kings Creek......................... A point immediately None *10 City of Rahway. upstream of Barnett
Street.
Approximately 1,000 None *13 feet upstream of Lower Road to Rahway.
East Branch Rahway River............ Approximately 450 feet *90 *91 Townships of Union and upstream of the Springfield. confluence with Rahway River.
Approximately 2,800 *90 *91 feet downstream of
Vauxhall Road.
Kings Creek......................... Approximately 715 feet *14 1 City of Linden. downstream of U.S.
Route 9.
Just downstream of U.S. *16 1 Route 9.
Township of Clark
Maps available for inspection at the Clark Township Engineer's Office, Municipal Building, 430 Westfield Avenue, Clark, New Jersey.
Send comments to The Honorable Salvatore Bonaccorso, Mayor of the Township of Clark, Municipal Building, 430 Westfield Avenue, Clark, New Jersey 070661590.
Township of Cranford
Maps available for inspection at the Cranford Township Engineer's Office, Municipal Building, 8 Springfield Avenue, Cranford, New Jersey.
Send comments to The Honorable Barbara A. Bilger, Mayor of the Township of Cranford, Municipal Building, 8 Springfield Avenue, Cranford, New Jersey 070162199.
City of Elizabeth
Maps available for inspection at the Elizabeth City Engineer's Office, 50 Winfield Scott Plaza, Elizabeth, New Jersey.
Send comments to The Honorable J. Christian Bollwage, Mayor of the City of Elizabeth, City Hall, 50 Winfield Scott Plaza, Elizabeth, New Jersey 07201.
Borough of Fanwood
Maps available for inspection at the Fanwood Borough Engineer's Office, 75 North Martine Avenue, Fanwood, New Jersey.
Send comments to The Honorable Colleen Mahr, Mayor of the Borough of Fanwood, 75 North Martine Avenue, Fanwood, New Jersey 070231397.
Township of Hillside
Maps available for inspection at the Hillside Township Engineer's Office, JFK Plaza, Hillside and Liberty Avenue, Hillside, New Jersey.
Send comments to The Honorable Karen McCoy Oliver, Mayor of the Township of Hillside, JFK Plaza, Hillside and Liberty Avenue, Hillside, New Jersey 07205.
Borough of Kenilworth
Maps available for inspection at the Kenilworth Borough Engineer's Office, Municipal Building, 567 Boulevard, Kenilworth, New Jersey.
Send comments to The Honorable Gregg David, Mayor of the Borough of Kenilworth, Municipal Building, 567 Boulevard, Kenilworth, New Jersey 070331699.
City of Linden
Maps available for inspection at the Linden City Engineer's Office, Municipal Building, 301 North Wood Avenue, Linden, New Jersey.
Send comments to The Honorable John T. Gregorio, Mayor of the City of Linden, Municipal Building, 301 North Wood Avenue, Linden, New Jersey 07036.
City of Rahway
Maps available for inspection at the Rahway City Engineer's Office, 1 City Hall Plaza, Rahway, New Jersey 07065.
Send comments to The Honorable James J. Kennedy, Mayor of the City of Rahway, 1 City Hall Plaza, Rahway, New Jersey 07065.
Township of Springfield
Maps available for inspection at the Springfield Township Engineer's Office, Municipal Building, 100 Mountain Avenue, Springfield, New Jersey.
Send comments to The Honorable Clara T. Harelik, Mayor of the Township of Springfield, Municipal Building, 100 Mountain Avenue, New Jersey 07081.
Township of Union
Maps available for inspection at the Union Township Engineer's office, Municipal Building, 1976 Morris Avenue, Union, New Jersey.
Send comments to The Honorable Anthony Terrezza, Mayor of the Township of Union, Municipal Building, 1976 Morris Avenue, Union, New Jersey 070833579.
Town of Westfield
Maps available for inspection at the Westfield Town Engineer's Office, Municipal Building, 425 East Broad Street, Westfield, New Jersey.
[[Page 50356]]
Send comments to The Honorable Gregory McDermott, Mayor of the Town of Westfield, Municipal Building, 425 East Broad Street, Westfield, New Jersey 07090.
Township of Winfield
Maps available for inspection at the Winfield Township Municipal Building, 12 Gulfstream Avenue, New Jersey. Send comments to The Honorable Norman Whitehouse, Jr., Mayor of the Township of Winfield, 12 Gulfstream Avenue, Winfield, New Jersey 07036.
SOUTH CAROLINA Florence County Lynches River....................... Approximately 0.8 mile None *99 Florence County upstream of North (Unincorporated Jones Road and U.S. Areas). Highway 301.
Approximately 800 feet None *120 downstream of
Interstate Highway 95. Sparrow Swamp....................... Just upstream of W.J. None *126 Town of Timmonsville. Albert Sims Street.
Approximately 1,100 None *126 feet upstream of W.J. Albert Sims Street.
Middle Swamp........................ State Highway 51/ None *79 Florence County Pamplico Highway. (Unincorporated Areas), City of Florence. Approximately 0.70 mile None *80 upstream of State
Highway 51/Pamplico
Highway.
Jeffries Creek...................... Approximately 2,890 None *80 Florence County feet downstream of the (Unincorporated confluence of Pye Areas), City of Branch. Florence. Approximately 1,200 None *95 feet downstream of
South Cashua Drive.
Florence County (Unincorporated Areas)
Maps available for inspection at the Florence County Planning Department, 218 West Evans Street, Florence, South Carolina.
Send comments to Mr. Joe W. King, Florence County Administrator, 180 North Irby Street MSCG, Florence, South Carolina 29501.
City of Florence
Maps available for inspection at the Florence City Hall, Planning Department, Drawer AA CityCounty Complex, 180 North Irby Street, Florence, South Carolina.
Send comments to The Honorable Frank Willis, Mayor of the City of Florence, Drawer AA CityCounty Complex, 180 North Irby Street, Florence, South Carolina 29501.
Town of Timmonsville
Maps available for inspection at the Timmonsville Town Hall, 115 East Main Street, Timmonsville, South Carolina.
Send comments to The Honorable Henry Peoples, Mayor of the Town of Timmonsville, P.O. Box 447, Timmonsville, South Carolina 291610447.
WEST VIRGINIA Cabell County and City of Huntington Ohio River.......................... At the downstream *551

550 Cabell County county boundary. (Unincorporated Areas), City of Huntington. Approximately 8 miles *560

561 upstream of confluence of Goose Run.
Fourpole Creek...................... Approximately 200 feet *539

538 Cabell County upstream of the Ohio (Unincorporated River. Areas), City of Huntington. Approximately 2,400 None

703 feet upstream of
Prices Creek Road.
Indian Fork......................... Approximately 1,160 None

587 Cabell County feet upstream of (Unincorporated confluence with Mud Areas). Creek.
Approximately 250 feet None

640 upstream of Ridge Run Road.
Kilgore Creek....................... At the confluence with None

587 Cabell County Indian Fork. (Unincorporated Areas). Approximately 500 feet None

611 upstream of the
confluence of Little Creek.
Lee Creek........................... At the confluence with None

590 Cabell County Kilgore Creek. (Unincorporated Areas). Approximately 6,500 None

660 feet upstream of
Interstate Route 64. Charley Creek....................... Approximately 1,820 None

602 Cabell County feet upstream of (Unincorporated confluence with Mud Areas). Creek.
Approximately 2,250 None

615 feet downstream of
Wolfpen Hollow Road. Little Creek........................ At the confluence with None

610 Cabell County Kilgore Creek. (Unincorporated Areas). Approximately 750 feet None

611 upstream of the
confluence with
Kilgore Creek.
Arlington Boulevard Tributary....... Backwater area along None

613 Cabell County Norwood Road. (Unincorporated Areas). [[Page 50357]]
At the confluence with None

554 Guyandotte River.
Approximately 150 feet None

554 downstream of
Arlington Boulevard. Grapevine Branch.................... At the confluence with None

590 Cabell County Fourpole Creek. (Unincorporated Areas), City of Huntington. Approximately 1,050 None

590 feet upstream of the confluence with
Fourpole Creek.
Cabell County (Unincorporated Areas)
Maps available for inspection at the Cabell County office of Grants, Planning and Permits, Cabell County Courthouse, Room 314, Huntington, West Virginia.
Send comments to Ms. Nancy Cartmill, President of the Cabell County Commission, 750 Fifth Avenue, Suite 300, Huntington, West Virginia 25701.
City of Huntington
Maps available for inspection at the City of Huntington Department of Development and Planning, 800 Fifth Street, Room 14, Huntington, West Virginia.
Send comments to The Honorable David Felinton, Mayor of the City of Huntington, P.O. Box 1659, Huntington, West Virginia 25717.
(Catalog of Federal Domestic Assistance No. 83.100, ``Flood Insurance.'')

Dated: August 10, 2004.
David I. Maurstad,
Acting Director, Mitigation Division, Emergency Preparedness and Response Directorate.
[FR Doc. 0418693 Filed 81304; 8:45 am]
BILLING CODE 911012P

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.