# Proposed Flood Elevation Determinations > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3AE7-11640 ## Record - **Collection:** Federal Register - **Document type:** Proposed Rule - **Published:** June 18, 2007 - **Citation:** 72 FR 33432 ## Text 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 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3AE7-11640. Public record. Not legal advice.