Flood elevation determinations: North Carolina,

[Federal Register: June 18, 2007 (Volume 72, Number 116)]

[Proposed Rules]

[Page 33432-33436]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr18jn07-22]

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

[[Page 33433]]

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:

    * 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.

    [[Page 33434]]

    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.

    * 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.

    [[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

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