E7-11640. Proposed Flood Elevation Determinations

AGENCY:

Federal Emergency Management Agency, DHS.

ACTION:

Proposed rule.

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 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, [phone].

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.

§ 67.4

[Amended]

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

Flooding source(s)	Location of referenced elevation	* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground		Communities affected
		Effective	Modified
Polk County, North Carolina and Incorporated Areas
Bear Creek	At the confluence with North Pacolet River	None	+1,395	Polk County (Unincorporated Areas).
	Approximately 870 feet upstream of Charleston Harbor Drive	None	+1,564
Big Fall Creek	At the confluence with North Pacolet River	None	+1,102	Polk County (Unincorporated Areas).
	Approximately 1,270 feet upstream of railroad	None	+1,682
Brights Creek	At the confluence with Green River	None	+922	Polk County (Unincorporated Areas).
	Approximately 700 feet upstream of the confluence of Rash Creek	None	+937
Britten Creek	At the confluence with Green River	None	+838	Polk County (Unincorporated Areas).
	Approximately 170 feet upstream of Lake Adger Road (State Road 1138)	None	+1,108
Broad River	On the upstream side of Poors Ford Road (State Road 1004)	None	+732	Polk County (Unincorporated Areas).
	Approximately 0.6 mile upstream of the confluence of Green River	None	+739
Collinsville Creek	At the confluence with Hughes Creek	None	+858	Polk County (Unincorporated Areas).
	Approximately 1.1 miles upstream of Landrum Road (State Road 1520)	None	+996
Tributary 4	At the confluence with Collinsville Creek	None	+961	Polk County (Unincorporated Areas).
	Approximately 0.5 mile upstream of the confluence with Collinsville Creek	None	+982
Green River	At the confluence with Broad River	None	+736	Polk County (Unincorporated Areas).
	At the Polk/Henderson County boundary	None	+1,442
Tributary 17	At the confluence with Green River	None	+784	Polk County (Unincorporated Areas).
	Approximately 0.5 mile upstream of the confluence with Green River	None	+798
Tributary 29	At the confluence with Green River	None	+810	Polk County (Unincorporated Areas).
	Approximately 0.6 mile upstream of the confluence with Green River	None	+868
Tributary 30	At the confluence with Green River	None	+817	Polk County (Unincorporated Areas).
	Approximately 0.8 mile upstream of the confluence with Green River	None	+839
Tributary 36	At the confluence with Green River	None	+835	Polk County (Unincorporated Areas).
	Approximately 0.4 mile upstream of the confluence with Green River	None	+854
Tributary 38	At the confluence with Green River	None	+844	Polk County (Unincorporated Areas).
	Approximately 1,220 feet upstream of Katydid Lane	None	+856
Green River Tributary of Tributary 30	At the confluence with Green River Tributary	None	+817	Polk County (Unincorporated Areas).
	Approximately 0.4 mile upstream of the confluence with Green River Tributary 30	None	+844
Greens Creek	At the confluence with White Oak Creek	None	+745	Polk County (Unincorporated Areas).
	Approximately 350 feet upstream of East Green Creek Drive (State Road 1340)	None	+772
Hensons Creek	At the Rutherford/Polk County boundary	None	+823	Polk County (Unincorporated Areas).
	Approximately 60 feet upstream of the Polk/Rutherford County boundary	None	+824
Hooper Creek	Approximately 500 feet downstream of the most downstream North Carolina/South Carolina State boundary	None	+811	Polk County (Unincorporated Areas).
	Approximately 320 feet upstream of Henderson Road (State Road 1525)	None	+1,034
Horse Creek	At the confluence with North Pacolet River	None	+879	Polk County (Unincorporated Areas)
	Approximately 70 feet downstream of Three Bridges Drive	None	+2,594	Town of Columbus.
Hughes Creek	At the North Carolina/South Carolina State boundary.	None	+803	Polk County (Unincorporated Areas).
	Approximately 270 feet upstream of Landrum Road (State Road 1520)	None	+894
Joels Creek	At the confluence with North Pacolet River	None	+1,675	Polk County (Unincorporated Areas).
	Approximately 0.7 mile upstream of Person Falls Road (State Road 1102)	None	+1,891	City of Saluda.
Little Creek (into North Pacolet River)	At the confluence with North Pacolet River	None	+893	Polk County (Unincorporated Areas).
	Approximately 300 feet upstream of North Trade Street	None	+1,005	Town of Tryon.
Little Creek (into Vaughn Creek)	At the confluence with Vaughn Creek	None	+972	Town of Tryon.
	Approximately 1,020 feet upstream of Jervey Road	None	+1,022
Little White Oak Creek	At the confluence with White Oak Creek	None	+838	Polk County (Unincorporated Areas).
	Approximately 550 feet upstream of NC Highway 9	None	+974
Machine Creek	At the confluence with White Oak Creek	None	+827	Polk County (Unincorporated Areas).
	Approximately 500 feet upstream of U.S. Highway 74	None	+848
Mill Creek (into White Oak Creek)	At the confluence with White Oak Creek	None	+755	Polk County (Unincorporated Areas).
	Approximately 1,250 feet upstream of Coxe Road (State Road 1005)	None	+756
North Pacolet River	At the North Carolina/South Carolina State boundary.	None	+837	Polk County (Unincorporated Areas).
	Approximately 0.5 mile upstream of the confluence of Joels Creek	None	+1,761	Town of Tryon.
Tributary 18	At the confluence with North Pacolet River	None	+917	Polk County (Unincorporated Areas). Town of Tryon.
	Approximately 120 feet downstream of Howard Gap Road (State Road 1122)	None	+924
Tributary 20	At the confluence with North Pacolet River	None	+935	Polk County (Unincorporated Areas).
	Approximately 300 feet upstream of Baker Road (State Road 1124)	None	+948
Ostin Creek	At the confluence with Green River	None	+919	Polk County (Unincorporated Areas).
	Approximately 200 feet upstream of Cow Crossing Lane	None	+1,022
Rash Creek	At the confluence with Brights Creek	None	+935	Polk County (Unincorporated Areas).
	Approximately 750 feet upstream of the confluence with Brights Creek	None	+938
South Branch Little White Oak Creek	At the confluence with Little White Oak Creek	None	+876	Polk County (Unincorporated Areas).
	Approximately 2.3 miles upstream of NC Highway 9	None	+926
Vaughn Creek	At the confluence with North Pacolet River	None	+889	Polk County (Unincorporated Areas).
	Approximately 630 feet upstream of the confluence of Little Creek (into Vaughn Creek)	None	+989	Town of Tryon.
Tributary 1	At the confluence with Vaughn Creek	None	+904	Town of Tryon.
	Approximately 0.8 mile upstream of Vaughn Street	None	+973
Tributary 2	At the confluence with Vaughn Creek	None	+972	Town of Tryon.
	Approximately 850 feet upstream of Jervey Road	None	+997
Walnut Creek	At the confluence with Green River	None	+802
	Approximately 60 feet upstream of NC Highway 9	None	+1,058
Wheat Creek	At the confluence with Green River	None	+768	Polk County (Unincorporated Areas).
	Approximately 500 feet upstream of Ponder Road (State Road 1329)	None	+817
White Oak Creek	At the confluence with Green River	None	+743	Polk County (Unincorporated Areas).
	Approximately 40 feet downstream of Smith Dairy Road (State Road 1528)	None	+902
Wolfe Creek	At the confluence with North Pacolet River	None	+842	Polk County (Unincorporated Areas).
	Approximately 460 feet upstream of Interstate Highway 26	None	+877
* 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.

(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.