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Proposed Rule

Proposed Flood Elevation Determinations

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Information about this document as published in the Federal Register.

Published Document

This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.

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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 Start Printed Page 33433the 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.

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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.

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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.

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List of Subjects in 44 CFR Part 67

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Accordingly, 44 CFR part 67 is proposed to be amended as follows:

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PART 67—[AMENDED]

1. The authority citation for part 67 continues to read as follows:

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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.

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[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 groundCommunities affected
EffectiveModified
Polk County, North Carolina and Incorporated Areas
Bear CreekAt the confluence with North Pacolet RiverNone+1,395Polk County (Unincorporated Areas).
Approximately 870 feet upstream of Charleston Harbor DriveNone+1,564
Big Fall CreekAt the confluence with North Pacolet RiverNone+1,102Polk County (Unincorporated Areas).
Approximately 1,270 feet upstream of railroadNone+1,682
Brights CreekAt the confluence with Green RiverNone+922Polk County (Unincorporated Areas).
Approximately 700 feet upstream of the confluence of Rash CreekNone+937
Britten CreekAt the confluence with Green RiverNone+838Polk County (Unincorporated Areas).
Approximately 170 feet upstream of Lake Adger Road (State Road 1138)None+1,108
Broad RiverOn the upstream side of Poors Ford Road (State Road 1004)None+732Polk County (Unincorporated Areas).
Approximately 0.6 mile upstream of the confluence of Green RiverNone+739
Collinsville CreekAt the confluence with Hughes CreekNone+858Polk County (Unincorporated Areas).
Approximately 1.1 miles upstream of Landrum Road (State Road 1520)None+996
Tributary 4At the confluence with Collinsville CreekNone+961Polk County (Unincorporated Areas).
Approximately 0.5 mile upstream of the confluence with Collinsville CreekNone+982
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Green RiverAt the confluence with Broad RiverNone+736Polk County (Unincorporated Areas).
At the Polk/Henderson County boundaryNone+1,442
Tributary 17At the confluence with Green RiverNone+784Polk County (Unincorporated Areas).
Approximately 0.5 mile upstream of the confluence with Green RiverNone+798
Tributary 29At the confluence with Green RiverNone+810Polk County (Unincorporated Areas).
Approximately 0.6 mile upstream of the confluence with Green RiverNone+868
Tributary 30At the confluence with Green RiverNone+817Polk County (Unincorporated Areas).
Approximately 0.8 mile upstream of the confluence with Green RiverNone+839
Tributary 36At the confluence with Green RiverNone+835Polk County (Unincorporated Areas).
Approximately 0.4 mile upstream of the confluence with Green RiverNone+854
Tributary 38At the confluence with Green RiverNone+844Polk County (Unincorporated Areas).
Approximately 1,220 feet upstream of Katydid LaneNone+856
Green River Tributary of Tributary 30At the confluence with Green River TributaryNone+817Polk County (Unincorporated Areas).
Approximately 0.4 mile upstream of the confluence with Green River Tributary 30None+844
Greens CreekAt the confluence with White Oak CreekNone+745Polk County (Unincorporated Areas).
Approximately 350 feet upstream of East Green Creek Drive (State Road 1340)None+772
Hensons CreekAt the Rutherford/Polk County boundaryNone+823Polk County (Unincorporated Areas).
Approximately 60 feet upstream of the Polk/Rutherford County boundaryNone+824
Hooper CreekApproximately 500 feet downstream of the most downstream North Carolina/South Carolina State boundaryNone+811Polk County (Unincorporated Areas).
Approximately 320 feet upstream of Henderson Road (State Road 1525)None+1,034
Horse CreekAt the confluence with North Pacolet RiverNone+879Polk County (Unincorporated Areas)
Approximately 70 feet downstream of Three Bridges DriveNone+2,594Town of Columbus.
Hughes CreekAt the North Carolina/South Carolina State boundary.None+803Polk County (Unincorporated Areas).
Approximately 270 feet upstream of Landrum Road (State Road 1520)None+894
Joels CreekAt the confluence with North Pacolet RiverNone+1,675Polk County (Unincorporated Areas).
Approximately 0.7 mile upstream of Person Falls Road (State Road 1102)None+1,891City of Saluda.
Little Creek (into North Pacolet River)At the confluence with North Pacolet RiverNone+893Polk County (Unincorporated Areas).
Approximately 300 feet upstream of North Trade StreetNone+1,005Town of Tryon.
Little Creek (into Vaughn Creek)At the confluence with Vaughn CreekNone+972Town of Tryon.
Approximately 1,020 feet upstream of Jervey RoadNone+1,022
Little White Oak CreekAt the confluence with White Oak CreekNone+838Polk County (Unincorporated Areas).
Approximately 550 feet upstream of NC Highway 9None+974
Machine CreekAt the confluence with White Oak CreekNone+827Polk County (Unincorporated Areas).
Approximately 500 feet upstream of U.S. Highway 74None+848
Mill Creek (into White Oak Creek)At the confluence with White Oak CreekNone+755Polk County (Unincorporated Areas).
Approximately 1,250 feet upstream of Coxe Road (State Road 1005)None+756
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North Pacolet RiverAt the North Carolina/South Carolina State boundary.None+837Polk County (Unincorporated Areas).
Approximately 0.5 mile upstream of the confluence of Joels CreekNone+1,761Town of Tryon.
Tributary 18At the confluence with North Pacolet RiverNone+917Polk County (Unincorporated Areas). Town of Tryon.
Approximately 120 feet downstream of Howard Gap Road (State Road 1122)None+924
Tributary 20At the confluence with North Pacolet RiverNone+935Polk County (Unincorporated Areas).
Approximately 300 feet upstream of Baker Road (State Road 1124)None+948
Ostin CreekAt the confluence with Green RiverNone+919Polk County (Unincorporated Areas).
Approximately 200 feet upstream of Cow Crossing LaneNone+1,022
Rash CreekAt the confluence with Brights CreekNone+935Polk County (Unincorporated Areas).
Approximately 750 feet upstream of the confluence with Brights CreekNone+938
South Branch Little White Oak CreekAt the confluence with Little White Oak CreekNone+876Polk County (Unincorporated Areas).
Approximately 2.3 miles upstream of NC Highway 9None+926
Vaughn CreekAt the confluence with North Pacolet RiverNone+889Polk County (Unincorporated Areas).
Approximately 630 feet upstream of the confluence of Little Creek (into Vaughn Creek)None+989Town of Tryon.
Tributary 1At the confluence with Vaughn CreekNone+904Town of Tryon.
Approximately 0.8 mile upstream of Vaughn StreetNone+973
Tributary 2At the confluence with Vaughn CreekNone+972Town of Tryon.
Approximately 850 feet upstream of Jervey RoadNone+997
Walnut CreekAt the confluence with Green RiverNone+802
Approximately 60 feet upstream of NC Highway 9None+1,058
Wheat CreekAt the confluence with Green RiverNone+768Polk County (Unincorporated Areas).
Approximately 500 feet upstream of Ponder Road (State Road 1329)None+817
White Oak CreekAt the confluence with Green RiverNone+743Polk County (Unincorporated Areas).
Approximately 40 feet downstream of Smith Dairy Road (State Road 1528)None+902
Wolfe CreekAt the confluence with North Pacolet RiverNone+842Polk County (Unincorporated Areas).
Approximately 460 feet upstream of Interstate Highway 26None+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.
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(Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”)

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Dated: June 4, 2007.

David I. Maurstad,

Federal Insurance Administrator of the National Flood Insurance Program, Federal Emergency Management Agency, Department of Homeland Security.

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

BILLING CODE 9110-12-P