[Federal Register: August 20, 2007 (Volume 72, Number 160)]
[Proposed Rules]               
[Page 46433-46434]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20au07-17]                         

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-D-7814]

 
Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Proposed rule.

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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.


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
----------------------------------------------------------------------------------------------------------------
                               Rowan County, North Carolina and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Grants Creek........................  At the confluence with          None         +643  Rowan County
                                       Yadkin River.                                      (Unincorporated
                                                                                          Areas), City of
                                                                                          Salisbury, Town of
                                                                                          China Grove, Town of
                                                                                          Landis, Town of
                                                                                          Spencer.
                                      Approximately 1,190             +827         +835
                                       feet upstream of North
                                       Meriah Street.
    Tributary 2.....................  Approximately 1,000             +674         +675  City of Salisbury.
                                       feet upstream of the
                                       confluence with Grants
                                       Creek.

[[Page 46434]]


                                      Approximately 0.4 mile          None         +688
                                       upstream of the
                                       confluence with Grants
                                       Creek.
Hopkins Street Branch...............  At the confluence with          +707         +705  City of Salisbury.
                                       Town Creek.
                                      Approximately 250 feet          +707         +705
                                       upstream of the
                                       confluence with Town
                                       Creek.
Lomax Creek.........................  At the confluence with          +637         +644  Town of Spencer.
                                       Grants Creek.
                                      Approximately 750 feet          +641         +644
                                       upstream of the
                                       confluence with Grants
                                       Creek.
Mill Creek..........................  Approximately 250 feet          None         +713  Rowan County
                                       downstream of the                                  (Unincorporated
                                       Rowan/Cabarrus County                              Areas).
                                       boundary.
                                      Approximately 400 feet          None         +799
                                       upstream of Smith Road
                                       (State Road 1361).
Rocky Branch........................  At the confluence with          +641         +644  Town of Spencer.
                                       Grants Creek.
                                      Approximately 1,200             +641         +644
                                       feet upstream of the
                                       confluence with Grants
                                       Creek.
Rowan Avenue Park Stream............  At the confluence with          +629         +644  Rowan County
                                       Grants Creek.                                      (Unincorporated
                                                                                          Areas), Town of
                                                                                          Spencer.
                                      Approximately 150 feet          +641         +644
                                       upstream of Charles
                                       Street.
Sixth Street Branch.................  At the confluence with          +641         +644  Town of Spencer.
                                       Grants Creek.
                                      Approximately 700 feet          +641         +644
                                       upstream of the
                                       confluence with Grants
                                       Creek.
South Yadkin River..................  At the confluence with          None         +648  Rowan County
                                       Yadkin River.                                      (Unincorporated
                                                                                          Areas), City of
                                                                                          Salisbury.
                                      At the Iredell/Davie/           None         +697
                                       Rowan County boundary.
Third Street Creek..................  At the confluence with          +636         +644  Town of Spencer.
                                       Grants Creek.
                                      Approximately 1,260             +641         +644
                                       feet upstream of the
                                       confluence with Grants
                                       Creek.
Yadkin River........................  Approximately 500 feet          None         +566  Rowan County
                                       downstream of the                                  (Unincorporated
                                       Rowan/Davidson/Stanly/                             Areas), Town of
                                       Montgomery County                                  Spencer.
                                       boundary.
                                      At the confluence of            None         +648
                                       South Yadkin River.
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* National Geodetic Vertical Datum.
 Depth in feet above ground.
+ North American Vertical Datum.
                                                    ADDRESSES

City of Salisbury

Maps are available for inspection at Salisbury City Hall, 217 South Main Street, Salisbury, North Carolina.

Send comments to Mr. David Treme, Salisbury City Manager, P.O. Box 479, Salisbury, North Carolina 28145.

Town of China Grove

Maps are available for inspection at China Grove Town Hall, 205 Swink Street, China Grove, North Carolina.

Send comments to The Honorable Don Bringle, Mayor of the Town of China Grove, 205 Swink Street, China Grove,
 North Carolina 28023.

Town of Landis

Maps are available for inspection at Landis Town Hall, 312 South Main Street, Landis, North Carolina.

Send comments to The Honorable Mike Mahaley, Mayor of the Town of Landis, P.O. Box 8165, Landis, North Carolina
 28088.
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(Catalog of Federal Domestic Assistance No. 97.022, ``Flood 
Insurance.'')

    Dated: August 9, 2007.
David I. Maurstad,
Federal Insurance Administrator of the National Flood Insurance 
Program, Department of Homeland Security, Federal Emergency Management 
Agency.
 [FR Doc. E7-16270 Filed 8-17-07; 8:45 am]

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