Proposed Flood Elevation Determinations

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.

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, (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.

§ 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

Effective

Modified

Communities affected

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.

[FR Doc. E7-11640 Filed 6-15-07; 8:45 am]

BILLING CODE 9110-12-P