[Federal Register Volume 72, Number 116 (Monday, June 18, 2007)]
[Proposed Rules]
[Pages 33432-33436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-11640]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-D-7802]


Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Proposed rule.

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SUMMARY: Technical information or comments are requested on the 
proposed Base (1% annual chance) Flood Elevations (BFEs) and proposed 
BFEs modifications for the communities listed below. The BFEs are the 
basis for

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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: William R. Blanton, Jr., Engineering 
Management Section, Mitigation Directorate, Federal Emergency 
Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-
3151.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency 
(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 BFEs 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. An environmental impact assessment has not 
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 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 13132, Federalism. This proposed rule involves no 
policies that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This proposed 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.
    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:

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                                                                  * Elevation in feet
                                                                 (NGVD) + Elevation in
                                                                 feet (NAVD) 
         Flooding source(s)            Location of referenced     Depth in feet above      Communities affected
                                             elevation                  ground
                                                              --------------------------
                                                                Effective     Modified
----------------------------------------------------------------------------------------------------------------
                               Polk County, North Carolina and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Bear Creek..........................  At the confluence with          None       +1,395  Polk County
                                       North Pacolet River.                               (Unincorporated
                                                                                          Areas).
                                      Approximately 870 feet          None       +1,564
                                       upstream of Charleston
                                       Harbor Drive.
Big Fall Creek......................  At the confluence with          None       +1,102  Polk County
                                       North Pacolet River.                               (Unincorporated
                                                                                          Areas).
                                      Approximately 1,270             None       +1,682
                                       feet upstream of
                                       railroad.
Brights Creek.......................  At the confluence with          None         +922  Polk County
                                       Green River.                                       (Unincorporated
                                                                                          Areas).
                                      Approximately 700 feet          None         +937
                                       upstream of the
                                       confluence of Rash
                                       Creek.
Britten Creek.......................  At the confluence with          None         +838  Polk County
                                       Green River.                                       (Unincorporated
                                                                                          Areas).
                                      Approximately 170 feet          None       +1,108
                                       upstream of Lake Adger
                                       Road (State Road 1138).
Broad River.........................  On the upstream side of         None         +732  Polk County
                                       Poors Ford Road (State                             (Unincorporated
                                       Road 1004).                                        Areas).
                                      Approximately 0.6 mile          None         +739
                                       upstream of the
                                       confluence of Green
                                       River.
Collinsville Creek..................  At the confluence with          None         +858  Polk County
                                       Hughes Creek.                                      (Unincorporated
                                                                                          Areas).
                                      Approximately 1.1 miles         None         +996
                                       upstream of Landrum
                                       Road (State Road 1520).
    Tributary 4.....................  At the confluence with          None         +961  Polk County
                                       Collinsville Creek.                                (Unincorporated
                                                                                          Areas).
                                      Approximately 0.5 mile          None         +982
                                       upstream of the
                                       confluence with
                                       Collinsville Creek.

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Green River.........................  At the confluence with          None         +736  Polk County
                                       Broad River.                                       (Unincorporated
                                                                                          Areas).
                                      At the Polk/Henderson           None       +1,442
                                       County boundary.
    Tributary 17....................  At the confluence with          None         +784  Polk County
                                       Green River.                                       (Unincorporated
                                                                                          Areas).
                                      Approximately 0.5 mile          None         +798
                                       upstream of the
                                       confluence with Green
                                       River.
    Tributary 29....................  At the confluence with          None         +810  Polk County
                                       Green River.                                       (Unincorporated
                                                                                          Areas).
                                      Approximately 0.6 mile          None         +868
                                       upstream of the
                                       confluence with Green
                                       River.
    Tributary 30....................  At the confluence with          None         +817  Polk County
                                       Green River.                                       (Unincorporated
                                                                                          Areas).
                                      Approximately 0.8 mile          None         +839
                                       upstream of the
                                       confluence with Green
                                       River.
    Tributary 36....................  At the confluence with          None         +835  Polk County
                                       Green River.                                       (Unincorporated
                                                                                          Areas).
                                      Approximately 0.4 mile          None         +854
                                       upstream of the
                                       confluence with Green
                                       River.
    Tributary 38....................  At the confluence with          None         +844  Polk County
                                       Green River.                                       (Unincorporated
                                                                                          Areas).
                                      Approximately 1,220             None         +856
                                       feet upstream of
                                       Katydid Lane.
Green River Tributary of Tributary    At the confluence with          None         +817  Polk County
 30.                                   Green River Tributary.                             (Unincorporated
                                                                                          Areas).
                                      Approximately 0.4 mile          None         +844
                                       upstream of the
                                       confluence with Green
                                       River Tributary 30.
Greens Creek........................  At the confluence with          None         +745  Polk County
                                       White Oak Creek.                                   (Unincorporated
                                                                                          Areas).
                                      Approximately 350 feet          None         +772
                                       upstream of East Green
                                       Creek Drive (State
                                       Road 1340).
Hensons Creek.......................  At the Rutherford/Polk          None         +823  Polk County
                                       County boundary.                                   (Unincorporated
                                                                                          Areas).
                                      Approximately 60 feet           None         +824
                                       upstream of the Polk/
                                       Rutherford County
                                       boundary.
Hooper Creek........................  Approximately 500 feet          None         +811  Polk County
                                       downstream of the most                             (Unincorporated
                                       downstream North                                   Areas).
                                       Carolina/South
                                       Carolina State
                                       boundary.
                                      Approximately 320 feet          None       +1,034
                                       upstream of Henderson
                                       Road (State Road 1525).
Horse Creek.........................  At the confluence with          None         +879  Polk County
                                       North Pacolet River.                               (Unincorporated Areas)
                                      Approximately 70 feet           None       +2,594  Town of Columbus.
                                       downstream of Three
                                       Bridges Drive.
Hughes Creek........................  At the North Carolina/          None         +803  Polk County
                                       South Carolina State                               (Unincorporated
                                       boundary..                                         Areas).
                                      Approximately 270 feet          None         +894
                                       upstream of Landrum
                                       Road (State Road 1520).
Joels Creek.........................  At the confluence with          None       +1,675  Polk County
                                       North Pacolet River.                               (Unincorporated
                                                                                          Areas).
                                      Approximately 0.7 mile          None       +1,891  City of Saluda.
                                       upstream of Person
                                       Falls Road (State Road
                                       1102).
Little Creek (into North Pacolet      At the confluence with          None         +893  Polk County
 River).                               North Pacolet River.                               (Unincorporated
                                                                                          Areas).
                                      Approximately 300 feet          None       +1,005  Town of Tryon.
                                       upstream of North
                                       Trade Street.
Little Creek (into Vaughn Creek)....  At the confluence with          None         +972  Town of Tryon.
                                       Vaughn Creek.
                                      Approximately 1,020             None       +1,022
                                       feet upstream of
                                       Jervey Road.
Little White Oak Creek..............  At the confluence with          None         +838  Polk County
                                       White Oak Creek.                                   (Unincorporated
                                                                                          Areas).
                                      Approximately 550 feet          None         +974
                                       upstream of NC Highway
                                       9.
Machine Creek.......................  At the confluence with          None         +827  Polk County
                                       White Oak Creek.                                   (Unincorporated
                                                                                          Areas).
                                      Approximately 500 feet          None         +848
                                       upstream of U.S.
                                       Highway 74.
Mill Creek (into White Oak Creek)...  At the confluence with          None         +755  Polk County
                                       White Oak Creek.                                   (Unincorporated
                                                                                          Areas).
                                      Approximately 1,250             None         +756
                                       feet upstream of Coxe
                                       Road (State Road 1005).

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North Pacolet River.................  At the North Carolina/          None         +837  Polk County
                                       South Carolina State                               (Unincorporated
                                       boundary..                                         Areas).
                                      Approximately 0.5 mile          None       +1,761  Town of Tryon.
                                       upstream of the
                                       confluence of Joels
                                       Creek.
    Tributary 18....................  At the confluence with          None         +917  Polk County
                                       North Pacolet River.                               (Unincorporated
                                                                                          Areas).
                                                                                         Town of Tryon.
                                      Approximately 120 feet          None         +924
                                       downstream of Howard
                                       Gap Road (State Road
                                       1122).
    Tributary 20....................  At the confluence with          None         +935  Polk County
                                       North Pacolet River.                               (Unincorporated
                                                                                          Areas).
                                      Approximately 300 feet          None         +948
                                       upstream of Baker Road
                                       (State Road 1124).
Ostin Creek.........................  At the confluence with          None         +919  Polk County
                                       Green River.                                       (Unincorporated
                                                                                          Areas).
                                      Approximately 200 feet          None       +1,022
                                       upstream of Cow
                                       Crossing Lane.
Rash Creek..........................  At the confluence with          None         +935  Polk County
                                       Brights Creek.                                     (Unincorporated
                                                                                          Areas).
                                      Approximately 750 feet          None         +938
                                       upstream of the
                                       confluence with
                                       Brights Creek.
South Branch Little White Oak Creek.  At the confluence with          None         +876  Polk County
                                       Little White Oak Creek.                            (Unincorporated
                                                                                          Areas).
                                      Approximately 2.3 miles         None         +926
                                       upstream of NC Highway
                                       9.
Vaughn Creek........................  At the confluence with          None         +889  Polk County
                                       North Pacolet River.                               (Unincorporated
                                                                                          Areas).
                                      Approximately 630 feet          None         +989  Town of Tryon.
                                       upstream of the
                                       confluence of Little
                                       Creek (into Vaughn
                                       Creek).
    Tributary 1.....................  At the confluence with          None         +904  Town of Tryon.
                                       Vaughn Creek.
                                      Approximately 0.8 mile          None         +973
                                       upstream of Vaughn
                                       Street.
    Tributary 2.....................  At the confluence with          None         +972  Town of Tryon.
                                       Vaughn Creek.
                                      Approximately 850 feet          None         +997
                                       upstream of Jervey
                                       Road.
Walnut Creek........................  At the confluence with          None         +802
                                       Green River.
                                      Approximately 60 feet           None       +1,058
                                       upstream of NC Highway
                                       9.
Wheat Creek.........................  At the confluence with          None         +768  Polk County
                                       Green River.                                       (Unincorporated
                                                                                          Areas).
                                      Approximately 500 feet          None         +817
                                       upstream of Ponder
                                       Road (State Road 1329).
White Oak Creek.....................  At the confluence with          None         +743  Polk County
                                       Green River.                                       (Unincorporated
                                                                                          Areas).
                                      Approximately 40 feet           None         +902
                                       downstream of Smith
                                       Dairy Road (State Road
                                       1528).
Wolfe Creek.........................  At the confluence with          None         +842  Polk County
                                       North Pacolet River.                               (Unincorporated
                                                                                          Areas).
                                      Approximately 460 feet          None         +877
                                       upstream of Interstate
                                       Highway 26.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
                                                    ADDRESSES
City of Saluda
 
Maps are available for inspection at Saluda City Hall, 6 East Main Street, Saluda, North Carolina.
Send comments to The Honorable Lee H. Clippard, Sr., Mayor of the City of Saluda, P.O. Box 248, Saluda, North
 Carolina 28773.
 
Town of Columbus
 
Maps are available for inspection at Columbus Town Hall, 95 Walker Street, Columbus, North Carolina.
Send comments to The Honorable Kathleen McMillian, Mayor of the Town of Columbus, P.O. Box 146, Columbus, North
 Carolina 28722.
Town of Tryon
 
Maps are available for inspection at Tryon City Hall, 301 North Trade Street, Tryon, North Carolina.
Send comments to The Honorable J. Alan Peoples, Mayor of the Town of Tryon, 301 North Trade Street, Tryon, North
 Carolina 28782.
                                       Polk County (Unincorporated Areas)
 
Maps are available for inspection at Polk County Planning Department, 40 Courthouse Street, Columbus, North
 Carolina.
Send comments to Mr. Ryan Whitson, Polk County Manager, P.O. Box 308, Columbus, North Carolina 28722.
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[[Page 33436]]

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood 
Insurance.'')

    Dated: June 4, 2007.
David I. Maurstad,
Federal Insurance Administrator of the National Flood Insurance 
Program, Federal Emergency Management Agency, Department of Homeland 
Security.
 [FR Doc. E7-11640 Filed 6-15-07; 8:45 am]
BILLING CODE 9110-12-P