North Carolina register, July 1998 - present

              This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13
NORTH CAROLINA
REGISTER
VOLUME 21 ● ISSUE 20 ● Pages 1796 - 1843
April 16, 2007
I. IN ADDITION
Note from Codifier – Environmental Management Commission ....................1796
Brownfields Property – HMV Hawkins, LLC and GHT Investments, LLC ...1797
Brownfields Property – Rose Mary Developments, LLC................................1798
Brownfields Property – Mica Village, LLC ....................................................1799
Brownfields Property – DRR of the Carolinas, LLC.......................................1800
Notice of Application for Approval of Wastewater System ............................1801
Decision Letters on "Changes Affecting Voting" from US Attorney General 1802
II. PROPOSED RULES
Environment and Natural Resources, Department of
Environmental Management Commission.......................................................1803 – 1825
Occupational Licensing Boards and Commissions
Acupuncture Licensing Board .........................................................................1824 – 1831
Perfusion Advisory Committee of the NC Medical Board..............................1832 – 1835
III. CONTESTED CASE DECISIONS
Index to ALJ Decisions.......................................................................................1836 – 1843
PUBLISHED BY
The Office of Administrative Hearings
Rules Division
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone (919) 733-2678
Fax (919) 733-3462
Julian Mann, III, Director
Camille Winston, Deputy Director
Molly Masich, Codifier of Rules
Dana Sholes, Publications Coordinator
Julie Edwards, Editorial Assistant
Felicia Williams, Editorial Assistant
Lisa Johnson, RRC Admin. Assistant
This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13
Contact List for Rulemaking Questions or Concerns
For questions or concerns regarding the Administrative Procedure Act or any of its components, consult
with the agencies below. The bolded headings are typical issues which the given agency can address,
but are not inclusive.
Rule Notices, Filings, Register, Deadlines, Copies of Proposed Rules, etc.
Office of Administrative Hearings
Rules Division
Capehart-Crocker House (919) 733-2678
424 North Blount Street (919) 733-3462 FAX
Raleigh, North Carolina 27601-2817
contact: Molly Masich, Codifier of Rules molly.masich@ncmail.net (919) 733-3367
Dana Sholes, Publications Coordinator dana.sholes@ncmail.net (919) 733-2679
Julie Edwards, Editorial Assistant julie.edwards@ncmail.net (919) 733-3980
Felicia Williams, Editorial Assistant felicia.s.williams@ncmail.net (919) 733-3361
Rule Review and Legal Issues
Rules Review Commission
1307 Glenwood Ave., Suite 159 (919) 733-2721
Raleigh, North Carolina 27605 (919) 733-9415 FAX
contact: Joe DeLuca Jr., Staff Attorney joe.deluca@ncmail.net (919) 715-8655
Bobby Bryan, Staff Attorney bobby.bryan@ncmail.net (919) 733-0928
Lisa Johnson, Administrative Assistant lisa.Johnson@ncmail.net (919) 733-3962
Fiscal Notes & Economic Analysis
Office of State Budget and Management
116 West Jones Street (919) 807-4700
Raleigh, North Carolina 27603-8005 (919) 733-0640 FAX
contact: Nathan Knuffman, Economist III nathan.Knuffman@ncmail.net (919)807-4728
Jonathan Womer, Asst. State Budget Officer jonathan.womer@ncmail.net (919)807-4737
Governor’s Review
Reuben Young reuben.young@ncmail.net
Legal Counsel to the Governor (919) 733-5811
116 West Jones Street(919)
Raleigh, North Carolina 27603
Legislative Process Concerning Rule-making
Joint Legislative Administrative Procedure Oversight Committee
545 Legislative Office Building
300 North Salisbury Street (919) 733-2578
Raleigh, North Carolina 27611 (919) 715-5460 FAX
contact: Karen Cochrane-Brown, Staff Attorney karenc@ncleg.net
Jeff Hudson, Staff Attorney jeffreyh@ncleg.net
County and Municipality Government Questions or Notification
NC Association of County Commissioners
215 North Dawson Street (919) 715-2893
Raleigh, North Carolina 27603
contact: Jim Blackburn jim.blackburn@ncacc.org
Rebecca Troutman rebecca.troutman@ncacc.org
NC League of Municipalities (919) 715-4000
215 North Dawson Street
Raleigh, North Carolina 27603
contact: Anita Watkins awatkins@nclm.org
This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13
NORTH CAROLINA REGISTER
Publication Schedule for January 2007 – December 2007
FILING DEADLINES NOTICE OF TEXT PERMANENT RULE TEMPORARY
RULES
Volume &
issue
number
Issue date Last day
for filing
Earliest date for
public hearing
End of required
comment
period
Deadline to submit
to RRC
for review at
next meeting
Earliest Eff.
Date of
Permanent Rule
Delayed Eff. Date of
Permanent Rule
(first legislative
day of the next
regular session)
270th day from publication
in the Register
21:13 01/02/07 12/07/06 01/17/07 03/05/07 03/20/07 05/01/07 05/08 09/29/07
21:14 01/16/07 12/20/06 01/31/07 03/19/07 03/20/07 05/01/07 05/08 10/13/07
21:15 02/01/07 01/10/07 02/16/07 04/02/07 04/20/07 06/01/07 05/08 10/29/07
21:16 02/15/07 01/25/07 03/02/07 04/16/07 04/20/07 06/01/07 05/08 11/12/07
21:17 03/01/07 02/08/07 03/16/07 04/30/07 05/21/07 07/01/07 05/08 11/26/07
21:18 03/15/07 02/22/07 03/30/07 05/14/07 05/21/07 07/01/07 05/08 12/10/07
21:19 04/02/07 03/12/07 04/17/07 06/01/07 06/20/07 08/01/07 05/08 12/28/07
21:20 04/16/07 03/23/07 05/01/07 06/15/07 06/20/07 08/01/07 05/08 01/11/08
21:21 05/01/07 04/10/07 05/16/07 07/02/07 07/20/07 09/01/07 05/08 01/26/08
21:22 05/15/07 04/24/07 05/30/07 07/16/07 07/20/07 09/01/07 05/08 02/09/08
21:23 06/01/07 05/10/07 06/16/07 07/31/07 08/20/07 10/01/07 05/08 02/26/08
21:24 06/15/07 05/24/07 06/30/07 08/14/07 08/20/07 10/01/07 05/08 03/11/08
22:01 0702/07 06/11/07 07/17/07 08/31/07 09/20/07 11/01/07 05/08 03/28/08
22:02 07/16/07 06/22/07 07/31/07 09/14/07 09/20/07 11/01/07 05/08 04/11/08
22:03 08/01/07 07/11/07 08/16/07 10/01/07 10/22/07 12/01/07 05/08 04/27/08
22:04 08/15/07 07/25/07 08/30/07 10/15/07 10/22/07 12/01/07 05/08 05/11/08
22:05 09/04/07 08/13/07 09/19/07 11/05/07 11/20/07 01/01/08 05/08 05/31/08
22:06 09/17/07 08/24/07 10/02/07 11/16/07 11/20/07 01/01/08 05/08 06/13/08
22:07 10/01/07 09/10/07 10/16/07 11/30/07 12/20/07 02/01/08 05/08 06/27/08
22:08 10/15/07 09/24/07 10/30/07 12/14/07 12/20/07 02/01/08 05/08 07/11/08
22:09 11/01/07 10/11/07 11/16/07 12/31/07 01/21/08 03/01/08 05/08 07/28/08
22:10 11/15/07 10/25/07 11/30/07 01/14/08 01/21/08 03/01/08 05/08 08/11/08
22:11 12/03/07 11/08/07 12/18/07 02/01/08 02/20/08 04/01/08 05/08 08/29/08
22:12 12/17/07 11/26/07 01/01/08 02/15/08 02/20/08 04/01/08 05/08 09/12/08
This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13
EXPLANATION OF THE PUBLICATION SCHEDULE
This Publication Schedule is prepared by the Office of Administrative Hearings as a public service and the computation of time periods are not to be deemed binding or controlling.
Time is computed according to 26 NCAC 2C .0302 and the Rules of Civil Procedure, Rule 6.
GENERAL
The North Carolina Register shall be published twice
a month and contains the following information
submitted for publication by a state agency:
(1) temporary rules;
(2) notices of rule-making proceedings;
(3) text of proposed rules;
(4) text of permanent rules approved by the Rules
Review Commission;
(5) notices of receipt of a petition for municipal
incorporation, as required by G.S. 120-165;
(6) Executive Orders of the Governor;
(7) final decision letters from the U.S. Attorney
General concerning changes in laws affecting
voting in a jurisdiction subject of Section 5 of
the Voting Rights Act of 1965, as required by
G.S. 120-30.9H;
(8) orders of the Tax Review Board issued under
G.S. 105-241.2; and
(9) other information the Codifier of Rules
determines to be helpful to the public.
COMPUTING TIME: In computing time in the
schedule, the day of publication of the North Carolina
Register is not included. The last day of the period so
computed is included, unless it is a Saturday, Sunday,
or State holiday, in which event the period runs until
the preceding day which is not a Saturday, Sunday, or
State holiday.
FILING DEADLINES
ISSUE DATE: The Register is published on the first
and fifteen of each month if the first or fifteenth of
the month is not a Saturday, Sunday, or State holiday
for employees mandated by the State Personnel
Commission. If the first or fifteenth of any month is
a Saturday, Sunday, or a holiday for State employees,
the North Carolina Register issue for that day will be
published on the day of that month after the first or
fifteenth that is not a Saturday, Sunday, or holiday for
State employees.
LAST DAY FOR FILING: The last day for filing for any
issue is 15 days before the issue date excluding
Saturdays, Sundays, and holidays for State
employees.
NOTICE OF TEXT
EARLIEST DATE FOR PUBLIC HEARING: The hearing
date shall be at least 15 days after the date a notice of
the hearing is published.
END OF REQUIRED COMMENT PERIOD
An agency shall accept comments on the text of a
proposed rule for at least 60 days after the text is
published or until the date of any public hearings held
on the proposed rule, whichever is longer.
DEADLINE TO SUBMIT TO THE RULES REVIEW
COMMISSION: The Commission shall review a rule
submitted to it on or before the twentieth of a month
by the last day of the next month.
FIRST LEGISLATIVE DAY OF THE NEXT REGULAR
SESSION OF THE GENERAL ASSEMBLY: This date is
the first legislative day of the next regular session of
the General Assembly following approval of the rule
by the Rules Review Commission. See G.S. 150B-
21.3, Effective date of rules.
IN ADDITION
21:20 NORTH CAROLINA REGISTER APRIL 16, 2007
1796
Note from the Codifier: This Section contains public notices that are required to be published in the Register or have been
approved by the Codifier of Rules for publication.
Note from the Codifier
Environmental Management Commission
Issue 16 – February 15, 2007
The Environmental Management Commission published a notice of text in the NC Register, February 15, 2007, pages 1488-1526, to
amend rule 15A NCAC 02D .1402 found on pages 1509-1510. Paragraph (g) should have been underlined as filed as it is new
proposed text; however, during the OAH process of compiling documents the underlining was inadvertently removed. The text is
correct as published.
The Office of Administrative Hearings apologizes for the error and any inconvenience.
IN ADDITION
21:20 NORTH CAROLINA REGISTER APRIL 16, 2007
1797
SUMMARY OF NOTICE OF
INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
HMV Hawkins, LLC and GHT Investments, LLC
Pursuant to N.C.G.S. § 130A-310.34, HMV Hawkins, LLC and GHT Investments, LLC has filed with the North Carolina Department of
Environment and Natural Resources (“DENR”) a Notice of Intent to Redevelop a Brownfields Property (“Property”) in Charlotte, Mecklenburg
County, North Carolina. The Property, which is the former Willard Lead facility, consists of 4.5 acres and is located at 101 New Bern Street. Its tax
identification number is 147-02-120. Environmental contamination exists on the Property in groundwater and soil. HMV Hawkins, LLC and GHT
Investments, LLC plan to redevelop the property principally for multi-family residential use, with some retail and, with DENR approval, other
commercial use. The Notice of Intent to Redevelop a Brownfields Property includes: (1) a proposed Brownfields Agreement between DENR and
HMV Hawkins, LLC and GHT Investments, LLC, which in turn includes (a) a map showing the location of the Property, (b) a description of the
contaminants involved and their concentrations in the media of the Property, (c) the above-stated description of the intended future use of the
Property, and (d) proposed investigation and remediation; and (2) a proposed Notice of Brownfields Property prepared in accordance with G.S.
130A-310.35.
The full Notice of Intent to Redevelop a Brownfields Property may be reviewed at the Public Library of Charlotte & Mecklenburg County,
310 N. Tryon St., Charlotte, NC 28202 by contacting Rita Rouse at that address or at (704) 336-2725; or at the offices of the N.C. Brownfields
Program, 401 Oberlin Rd., Suite 150, Raleigh, NC 27605 by contacting Shirley Liggins at that address (where DENR will provide auxiliary aids and
services for persons with disabilities who wish to review the documents), at shirley.liggins@ncmail.net, or at (919) 508-8411,.
Written public comments, and/or requests for a public meeting, may be submitted to DENR within 30 days after the date this Notice is
published in a newspaper of general circulation serving the area in which the brownfields property is located, or in the North Carolina Register,
whichever is later. Written requests for a public meeting may be submitted to DENR within 21 days after the period for written public comments
begins. Thus, if HMV Hawkins, LLC and GHT Investments, LLC, as they plan, publish this Summary in the North Carolina Register after they
publish the Summary in a newspaper of general circulation serving the area in which the brownfields property is located, and if they effect
publication of this Summary in the North Carolina Register on the date they expect to do so, the periods for submitting written requests for a public
meeting regarding this project and for submitting written public comments will commence on April 17, 2007. All such comments and requests
should be addressed as follows:
Mr. Bruce Nicholson
Brownfields Program Manager
Division of Waste Management
NC Department of Environment and Natural Resources
401 Oberlin Road, Suite 150
Raleigh, North Carolina 27605
IN ADDITION
21:20 NORTH CAROLINA REGISTER APRIL 16, 2007
1798
SUMMARY OF NOTICE OF
INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
Rose Mary Developments LLC
Pursuant to N.C.G.S. § 130A-310.34, Rose Mary Developments LLC has filed with the North Carolina Department of
Environment and Natural Resources (“DENR”) a Notice of Intent to Redevelop a Brownfields Property (“Property”) in Raleigh, Wake
County, North Carolina. The Property, the former site of the North Carolina Equipment Company, consists of approximately 2.04
acres and is located at 3101 Hillsborough Street. Environmental contamination exists on the Property in soil and groundwater. Rose
Mary Developments LLC has committed itself to redevelopment of the Property for office and commercial, including retail, use. The
Notice of Intent to Redevelop a Brownfields Property includes: (1) a proposed Brownfields Agreement between DENR and Rose
Mary Developments LLC, which in turn includes (a) a map showing the location of the Property, (b) a description of the contaminants
involved and their concentrations in the media of the Property, (c) the above-stated description of the intended future use of the
Property, and (d) proposed investigation and remediation; and (2) a proposed Notice of Brownfields Property prepared in accordance
with G.S. 130A-310.35.
The full Notice of Intent to Redevelop a Brownfields Property may be reviewed at the offices of the NC Brownfields
Program, 401 Oberlin Rd., Suite 150, Raleigh, NC 27605 by contacting Shirley Liggins at that address (where DENR will provide
auxiliary aids and services for persons with disabilities who wish to review the documents), at shirley.liggins@ncmail.net, or at (919)
508-8411.
Written public comments, and/or requests for a public meeting, may be submitted to DENR within 30 days after the date this
Notice is published in a newspaper of general circulation serving the area in which the brownfields property is located, or in the North
Carolina Register, whichever is later. Written requests for a public meeting may be submitted to DENR within 21 days after the period
for written public comments begins. Thus, if Rose Mary Developments LLC, as it plans, publishes this Summary in the North
Carolina Register after it publishes the Summary in a newspaper of general circulation serving the area in which the brownfields
property is located, and if it effects publication of this Summary in the North Carolina Register on the date it expects to do so, the
periods for submitting written requests for a public meeting regarding this project and for submitting written public comments will
commence on April 17, 2007. All such comments and requests should be addressed as follows:
Mr. Bruce Nicholson
Brownfields Program Manager
Division of Waste Management
NC Department of Environment and Natural Resources
401 Oberlin Road, Suite 150
Raleigh, North Carolina 27605
IN ADDITION
21:20 NORTH CAROLINA REGISTER APRIL 16, 2007
1799
SUMMARY OF NOTICE OF
INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
Mica Village, LLC
Pursuant to N.C.G.S. § 130A-310.34, Mica Village, LLC has filed with the North Carolina Department of Environment and
Natural Resources (“DENR”) a Notice of Intent to Redevelop a Brownfields Property (“Property”) in Asheville, Buncombe County,
North Carolina. The Property which is known as the former Asheville Mica Plant, consists of 3.0 acres and is located at 75 Thompson
Street. Environmental contamination exists on the Property in the soil and groundwater. Mica Village, LLC has committed itself to
residential, retail, office, common space, parking, pet park, and greenway uses on the Property. The Notice of Intent to Redevelop a
Brownfields Property includes: (1) a proposed Brownfields Agreement between DENR and Mica Village, LLC, which in turn includes
(a) a map showing the location of the Property, (b) a description of the contaminants involved and their concentrations in the media of
the Property, (c) the above-stated description of the intended future use of the Property, and (d) proposed investigation and
remediation; and (2) a proposed Notice of Brownfields Property prepared in accordance with G.S. 130A-310.35.
The full Notice of Intent to Redevelop a Brownfields Property may be reviewed at the Weaverville Library, 41 N. Main St.,
Weaverville, NC 28787 by contacting Jill Totman at that address or at (828) 645-3592; or at the offices of the N.C. Brownfields
Program, 401 Oberlin Rd., Suite 150, Raleigh, NC 27605 by contacting Shirley Liggins at that address (where DENR will provide
auxiliary aids and services for persons with disabilities who wish to review the documents), at shirley.liggins@ncmail.net, or at (919)
508-8411.
Written public comments may be submitted to DENR within 30 days, and written requests for a public meeting within 21
days, after the date this Notice is published in a newspaper of general circulation serving the area in which the brownfields property is
located, or in the North Carolina Register, whichever is later. Thus, if Mica Village, LLC, as it plans, publishes this Summary in the
North Carolina Register after it publishes the Summary in a newspaper of general circulation serving the area in which the brownfields
property is located, and if it effects publication of this Summary in the North Carolina Register on the date it expects to do so, the
periods for submitting written requests for a public meeting regarding this project and for submitting written public comments will
commence on April 17, 2007. All such comments and requests should be addressed as follows:
Mr. Bruce Nicholson
Brownfields Program Manager
Division of Waste Management
NC Department of Environment and Natural Resources
401 Oberlin Road, Suite 150
Raleigh, North Carolina 27605
IN ADDITION
21:20 NORTH CAROLINA REGISTER APRIL 16, 2007
1800
SUMMARY OF NOTICE OF
INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
DRR of the Carolinas, LLC
Pursuant to N.C.G.S. § 130A-310.34, DRR of the Carolinas, LLC has filed with the North Carolina Department of
Environment and Natural Resources (“DENR”) a Notice of Intent to Redevelop a Brownfields Property (“Property”) in Charlotte,
Mecklenburg County, North Carolina. The Property, the former site of an American Cyanamid & Chemical Corporation facility,
consists of 4.1 acres on Donald Ross Road southeast of its intersection with Wilkinson Boulevard. The Property bears Mecklenburg
County tax parcel identification number 11705204. Environmental contamination exists on the Property in groundwater and soil.
DRR of the Carolinas, LLC has committed itself to allow no use of the Property other than as a gravel parking lot for trailers, cars and
other commercial vehicles and, in the future, for commercial and light industrial purposes. The Notice of Intent to Redevelop a
Brownfields Property includes: (1) a proposed Brownfields Agreement between DENR and DRR of the Carolinas, LLC, which in turn
includes (a) a map showing the location of the Property, (b) a description of the contaminants involved and their concentrations in the
media of the Property, (c) the above-stated description of the intended future use of the Property, and (d) proposed investigation and
remediation; and (2) a proposed Notice of Brownfields Property prepared in accordance with G.S. 130A-310.35.
The full Notice of Intent to Redevelop a Brownfields Property may be reviewed at the Public Library of Charlotte &
Mecklenburg County, 310 N. Tryon St., Charlotte, NC 28202 by contacting Rita Rouse at that address or at (704) 336-2725; or at the
offices of the N.C. Brownfields Program, 401 Oberlin Rd., Suite 150, Raleigh, NC 27605 by contacting Shirley Liggins at that address
(where DENR will provide auxiliary aids and services for persons with disabilities who wish to review the documents), at
shirley.liggins@ncmail.net, or at (919) 508-8411.
Written public comments may be submitted to DENR within 30 days after the date this Notice is published in a newspaper of
general circulation serving the area in which the brownfields property is located, or in the North Carolina Register, whichever is later.
Written requests for a public meeting may be submitted to DENR within 21 days after the period for written public comments begins.
Thus, if DRR of the Carolinas, LLC, as it plans, publishes this Summary in the North Carolina Register after it publishes the Summary
in a newspaper of general circulation serving the area in which the brownfields property is located, and if it effects publication of this
Summary in the North Carolina Register on the date it expects to do so, the periods for submitting written requests for a public
meeting regarding this project and for submitting written public comments will commence on April 16, 2007. All such comments and
requests should be addressed as follows:
Mr. Bruce Nicholson
Brownfields Program Manager
Division of Waste Management
NC Department of Environment and Natural Resources
401 Oberlin Road, Suite 150
Raleigh, North Carolina 27605
IN ADDITION
21:20 NORTH CAROLINA REGISTER APRIL 16, 2007
1801
Notice of Application for Innovative Approval of a Wastewater System for On-site Subsurface Use
Pursuant to NCGS 130A-343(g), the North Carolina Department of Environment and Natural Resources (DENR) shall publish a
Notice in the NC Register that a manufacturer has submitted a request for approval of a wastewater system, component, or device for
on-site subsurface use. The following applications have been submitted to DENR:
Application by: Marie-Christine Bélanger, Technological Development Director
Premier Tech Environment Inc.
1, avenue Premier
Rivière-du-Loup, G5R 6C1 CANADA
For: Modified Innovative Approval for " for Ecoflo® Peat Biofilter System
And: Sam Carter, Government Relations Manager
Orenco Systems, Inc.
814 Airway Avenue
Sutherlin, Oregon 97479
For: Modified Innovative Approval for "AdvanTex®" advanced wastewater pretreatment systems
DENR Contact: Jim Hayes
1-919-733-2895
FAX 919-715-3227
Jim.hayes@ncmail.net
These applications may be reviewed by contacting the applicant or at 2728 Capital Blvd., Raleigh, NC, On-Site Wastewater Section,
Division of Environmental Health. Draft proposed innovative approvals and proposed final action on the application by DENR can be
viewed on the On-Site Water Protection Section web site: www.deh.enr.state.nc/oww/.
Written public comments may be submitted to DENR within 30 days of the date of the Notice publication in the North Carolina
Register. All written comments should be submitted to Mr. Jim Hayes, Acting Chief, On-site Water Protection Section, 1642 Mail
Service Center, Raleigh, NC 27699-1642, or jim.hayes@ncmail.net, or Fax 919.715.3227. Written comments received by DENR in
accordance with this Notice will be taken into consideration before a final agency decision is made on the innovative subsurface
wastewater system application.
IN ADDITION
21:20 NORTH CAROLINA REGISTER APRIL 16, 2007
1802
PROPOSED RULES
21:20 NORTH CAROLINA REGISTER APRIL 16, 2007
1803
Note from the Codifier: The notices published in this Section of the NC Register include the text of proposed rules. The agency
must accept comments on the proposed rule(s) for at least 60 days from the publication date, or until the public hearing, or a
later date if specified in the notice by the agency. If the agency adopts a rule that differs substantially from a prior published
notice, the agency must publish the text of the proposed different rule and accept comment on the proposed different rule for 60
days.
Statutory reference: G.S. 150B-21.2.
TITLE 15A – DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
Notice is hereby given in accordance with G.S. 150B-21.2 that
the Environmental Management Commission intends to amend
rules cited as 15A NCAC 02B .0303 - .0305, .0307, .0309 -
.0313, .0316 - .0317.
Proposed Effective Date: November 1, 2007
Public Hearing:
Date: May 15, 2007
Time: 6:00 p.m.
Location: Ground Floor Hearing Room, Archdale Building, 512
North Salisbury Street, Raleigh, NC 27604
Public Hearing:
Date: May 23, 2007
Time: 6:00 p.m.
Location: Carolina Beach State Park Auditorium, 1010 State
Park Road, Carolina Beach, NC 28428
Reason for Proposed Action: The Division of Water Quality
Wetlands Unit requested the EMC to undergo rulemaking to
reclassify thirty-three wetlands in eleven North Carolina river
basins to add the supplemental Unique Wetlands (UWL)
classification. If adopted, these UWL reclassifications proposals
would offer additional protection to approximately 3,800 acres
of high quality natural wetland communities in state, federal,
and land trust property that support rare species. North
Carolina Natural Heritage Program information on rare species
and natural communities within the state was used to support the
reclassification requests. The purpose of the reclassification
requests is to protect the natural wetland communities in the
state so that their use as habitat for threatened or endangered
species is maintained. State wetland rules at 15A NCAC 02H
.0500 allow impacts to Class UWL wetlands for proposed
projects that meet a public need and require impacts from these
projects to be directed to the same watershed and same wetland
type to maintain the use of these wetlands by rare species.
Procedure by which a person can object to the agency on a
proposed rule: You may attend the public hearing and make
relevant verbal comments, and/ or submit written comments,
data or other relevant information by June 15, 2007. The
Hearing Officer may limit the length of time that you may speak
at the public hearing so that all those who wish to speak may
have an opportunity to do so. The EMC is very interested in all
comments pertaining to the proposed reclassifications. All
persons interested and potentially affected by the proposals are
strongly encouraged to read this entire notice and make
comments on the proposed reclassifications. The EMC may not
adopt a rule that differs substantially from the text of the
proposed rule published in this notice unless the EMC publishes
the text of the proposed different rule and accepts comments on
the new text (General Statute 150B 21.2(g)). Written comments
may be submitted to Adriene Weaver, DENR/Division of Water
Quality/ Planning Sections, 1617 Mail Service Center, Raleigh,
NC 27699-1617, adriene.weaver@ncmail.net, or fax at (919)
715-5637.
Comments may be submitted to: Adriene Weaver, DENR/
Division of Water Quality, Planning Section, 1617 Mail Service
Center, Raleigh, NC 27699-1617, phone (919) 733-5083 ext.
370, fax (919) 715-5637, email adriene.weaver@ncmail.net
Comment period ends: June 15, 2007
Procedure for Subjecting a Proposed Rule to Legislative
Review: If an objection is not resolved prior to the adoption of
the rule, a person may also submit written objections to the
Rules Review Commission. If the Rules Review Commission
receives written and signed objections in accordance with G.S.
150B-21.3(b2) from 10 or more persons clearly requesting
review by the legislature and the Rules Review Commission
approves the rule, the rule will become effective as provided in
G.S. 150B-21.3(b1). The Commission will receive written
objections until 5:00 p.m. on the day following the day the
Commission approves the rule. The Commission will receive
those objections by mail, delivery service, hand delivery, or
facsimile transmission. If you have any further questions
concerning the submission of objections to the Commission,
please call a Commission staff attorney at 919-733-2721.
Fiscal Impact:
State
Local
Substantive (>$3,000,000)
None
CHAPTER 02 - ENVIRONMENTAL MANAGEMENT
SUBCHAPTER 02B - SURFACE WATER AND
WETLAND STANDARDS
SECTION .0300 - ASSIGNMENT OF STREAM
CLASSIFICATIONS
15A NCAC 02B .0303 LITTLE TENN RIVER BASIN
PROPOSED RULES
21:20 NORTH CAROLINA REGISTER APRIL 16, 2007
1804
AND SAVANNAH RIVER DRAINAGE AREA
(a) The schedule Little Tenn River Basin and Savannah River
Drainage Area Schedule of Classifications and Water Quality
Standards may be inspected at the following places:
(1) Clerk of Court:
Clay County
Graham County
Jackson County
Macon County
Swain County
Transylvania County the Internet at
http://h2o.enr.state.nc.us/csu/; and
(2) the North Carolina Department of
Environment and Natural Resources
Resources:
(A) Asheville Regional Office
2090 US Highway 70
Swannanoa, North Carolina
(B) Division of Water Quality
Central Office
512 North Salisbury Street
Raleigh, North Carolina.
(b) Unnamed Streams. Such streams entering Georgia or
Tennessee shall be classified "C Tr." Such streams in the
Savannah River drainage area entering South Carolina shall be
classified "B Tr."
(c) The Little Tennessee River Basin and Savannah River
Drainage Area Schedule of Classifications and Water Quality
Standards was amended effective:
(1) February 16, 1977;
(2) March 1, 1977;
(3) July 13, 1980;
(4) February 1, 1986;
(5) October 1, 1987;
(6) March 1, 1989;
(7) January 1, 1990;
(8) July 1, 1990;
(9) August 1, 1990;
(10) March 1, 1991;
(11) August 3, 1992;
(12) February 1, 1993;
(13) August 1, 1994;
(14) September 1, 1996;
(15) August 1, 1998;
(16) August 1, 2000;
(17) April 1, 2003;
(18) January 1, 2007. 2007;
(19) November 1, 2007.
(d) The Schedule of Classifications of Water Quality Standards
for the Little Tennessee Basin and Savannah River Drainage
Area was amended effective March 1, 1989 as follows:
(1) Nantahala River (Index No. 2-57) from source
to the backwaters of Nantahala Lake and all
tributary waters were reclassified from Class
B-trout, Class C-trout and Class C to Class
B-trout ORW, Class C-trout ORW and Class C
ORW.
(2) Chattooga River (Index No. 3) including
Scotsman Creek, Overflow Creek, Big Creek,
Talley Mill Creek and all tributary waters were
reclassified from Class B-trout, Class C-trout
and Class C to Class B-trout ORW, Class
C-trout ORW and Class C ORW and Clear
Creek and all tributary waters were reclassified
from Class C-trout and Class C to Class
B-trout and Class B.
(e) The Schedule of Classifications and Water Quality
Standards for the Little Tennessee River Basin and Savannah
River Drainage Area was amended effective January 1, 1990 as
follows:
(1) North Fork Coweeta Creek (Index No. 2-10-4)
and Falls Branch (Index No. 2-10-4-1) were
reclassified from Class C to Class B.
(2) Burningtown Creek (Index No. 2-38) was
reclassified from C-trout to B-trout.
(f) The Schedule of Classifications and Water Quality Standards
for the Little Tennessee River Basin and Savannah River
Drainage Area was amended effective July 1, 1990 by the
reclassification of Alarka Creek (Index No. 2-69) from source to
Upper Long Creek (Index No. 2-69-2) including all tributaries
from Classes C and C Tr to Classes C HQW and C Tr HQW.
(g) The Schedule of Classifications and Water Quality
Standards for the Little Tennessee River Basin and Savannah
River Drainage Area was amended effective March 1, 1991 as
follows:
(1) Cartoogechaye Creek [Index Nos. 2-19-(1) and
2-19-(16)] from Gibson Cove Branch to bridge
at U.S. Hwy. 23 and 441 and from the bridge
at U.S. Hwy. 23 and 441 to the Little
Tennessee River was reclassified from Classes
WS-III Tr and C Tr to Classes WS-III and B
Tr and B Tr respectively.
(2) Coweeta Creek (Index Nos. 2-10) from its
source to the Little Tennessee River including
all tributaries except Dryman Fork (Index No.
2-10-3) and North Fork Coweeta Creek (Index
No. 2-10-4) was reclassified from Classes C
and C Tr to Classes B and B Tr.
(h) The Schedule of Classifications and Water Quality
Standards for the Little Tennessee River Basin and Savannah
River Drainage Area was amended effective August 3, 1992
with the reclassification of all water supply waters (waters with a
primary classification of WS-I, WS-II or WS-III). These waters
were reclassified to WS-I, WS-II, WS-III, WS-IV or WS-V as
defined in the revised water supply protection rules, (15A
NCAC 02B .0100, .0200 and .0300) which became effective on
August 3, 1992. In some cases, streams with primary
classifications other than WS were reclassified to a WS
classification due to their proximity and linkage to water supply
waters. In other cases, waters were reclassified from a WS
classification to an alternate appropriate primary classification
after being identified as downstream of a water supply intake or
identified as not being used for water supply purposes.
(i) The Schedule of Classifications and Water Quality Standards
for the Little Tennessee River Basin and Savannah River
Drainage Area has been amended effective February 1, 1993 as
follows:
PROPOSED RULES
21:20 NORTH CAROLINA REGISTER APRIL 16, 2007
1805
(1) Bearwallow Creek from its source to 2.3 miles
upstream of the Toxaway River [Index No. 4-
7-(1)] was revised to indicate the application
of an additional management strategy
(referencing 15A NCAC 02B .0201(d) to
protect downstream waters; and
(2) the Tuckaseegee River from its source to
Tennessee Creek [Index No. 2-79-(0.5)]
including all tributaries was reclassified from
Classes WS-III&B Tr HQW, WS-III HQW
and WS-III to Classes WS-III Tr ORW and
WS-III ORW.
(j) The Schedule of Classifications and Water Quality Standards
for the Little Tennessee River Basin and Savannah River
Drainage Area was amended effective August 1, 1994 with the
reclassification of Deep Creek [Index Nos. 2-79-63-(1) and 2-
79-63-(16)] from its source to the Great Smokey Mountains
National Park Boundary including tributaries from Classes C Tr,
B Tr and C Tr HQW to Classes WS-II Tr and WS-II Tr CA.
(k) The Schedule of Classifications and Water Quality
Standards for the Little Tennessee River Basin and Savannah
River Drainage Area was amended effective September 1, 1996
as follows:
(1) Deep Creek from the Great Smoky Mountains
National Park Boundary to the Tuckasegee
River [Index no. 2-79-63-(21)] was
reclassified from Class C Tr to Class B Tr; and
(2) the Tuckasegee River from the West Fork
Tuckasegee River to Savannah Creek and from
Macks Town Branch to Cochran Branch
[Index Nos. 2-79-(24), 2-79(29.5) and 2-79-
(38)] was reclassified from Classes WS-III Tr,
WS-III Tr CA and C to Classes WS-III&B Tr,
WS-III&B Tr CA and B.
(l) The Schedule of Classifications and Water Quality Standards
for the Little Tennessee River Basin and Savannah River
Drainage Area was amended effective August 1, 1998 with the
reclassifications of Thorpe Reservoir (Lake Glenville),
Hurricane Creek, and Laurel Branch [Index Nos. 2-79-23-(1), 2 -
79-23-2, and 2-79-23-2-1 respectively] from classes WS-III&B,
WS-III Tr and WS-III to classes WS-III&B HQW, WS-III Tr
HQW, and WS-III HQW.
(m) The Schedule of Classifications and Water Quality
Standards for the Little Tennessee River Basin and Savannah
River Drainage Area was amended August 1, 2000 with the
reclassification of Wesser Creek [Index No. 2-79-52-5-1] from
its source to Williams Branch from Class C to Class C Tr.
(n) The Schedule of Classifications and Water Quality
Standards for the Little Tennessee River Basin and Savannah
River Drainage Area was amended April 1, 2003 with the
reclassification of a portion of the Little Tennessee River [Index
No. 2-(1)] from a point 0.4 mile upstream of N.C. Highway 28
to Nantahala River Arm of Fontana Lake from Class C to Class
B.
(o) The Schedule of Classifications and Water Quality
Standards for the Little Tennessee River Basin and Savannah
River Drainage Area was amended January 1, 2007 with the
reclassification of the entire watersheds of all creeks that drain to
the north shore of Fontana Lake between Eagle and Forney
Creeks, including Eagle and Forney Creeks, [Index Nos. 2-96
through 2-164 (excluding all waterbodies that drain to the south
shore of Fontana Lake)] from Class B, C Tr, WS-IV Tr CA, WS-IV
Tr, and WS-IV & B CA to Class B ORW, C Tr ORW, WS-IV
Tr ORW CA, WS-IV Tr ORW, and WS-IV & B ORW CA,
respectively. Additional site-specific management strategies are
outlined in Rule 15A NCAC 02B .0225(e)(12).
(p) The Schedule of Classifications and Water Quality
Standards for the Little Tennessee River Basin and Savannah
River Drainage Area was ameneded effective November 1, 2007
with the reclassification of Richland Balsam Seep near
Beechflat Creek [Index No. 2-79-28-3-2] to Class WL UWL as
defined in 15A NCAC 02B. 0101. The Division of Water
Quality maintains a Geographic Information Systems data layer
of the UWL.
Authority G.S. 143-214.1; 143-215.1; 143-215.3(a)(1); S.L.
2005-97.
15A NCAC 02B .0304 FRENCH BROAD RIVER BASIN
(a) The schedule may be inspected at the following places:
French Broad River Basin Schedule of Classifications and Water
Quality Standards may be inspected at the following places:
(1) Clerk of Court:
Avery County
Buncombe County
Haywood County
Henderson County
Madison County
Mitchell County
Transylvania County
Yancey County the Internet at
http://h2o.enr.state.nc.us/csu/; and
(2) the North Carolina Department of
Environment and Natural Resources
Resources:
(A) Asheville Regional Office
Asheville Regional Office
Interchange Building 2090 US
Highway 70
59 Woodfin Place
AshevilleSwannanoa, North Carolina
(B) Division of Water Quality
Central Office
512 North Salisbury Street
Raleigh, North Carolina.
(b) Unnamed Streams. Such streams entering Tennessee will be
classified "B."
(c) The French Broad River Basin Schedule of Classifications
and Water Quality Standards was amended effective:
(1) September 22, 1976;
(2) March 1, 1977;
(3) August 12, 1979;
(4) April 1, 1983;
(5) August 1, 1984;
(6) August 1, 1985;
(7) February 1, 1986;
(8) May 1, 1987;
(9) March 1, 1989;
PROPOSED RULES
21:20 NORTH CAROLINA REGISTER APRIL 16, 2007
1806
(10) October 1, 1989;
(11) January 1, 1990;
(12) August 1, 1990;
(13) August 3, 1992;
(14) October 1, 1993;
(15) July 1, 1995;
(16) November 1, 1995;
(17) January 1, 1996;
(18) April 1, 1996;
(19) August 1, 1998;
(20) August 1 2000;
(21) August 1, 2002;
(22) September 1, 2004. 2004;
(23) November 1, 2007.
(d) The Schedule of Classifications and Water Quality
Standards for the French Broad River Basin was amended
effective March 1, 1989 as follows:
(1) Cataloochee Creek (Index No. 5-41) and all
tributary waters were reclassified from Class
C-trout and Class C to Class C-trout ORW and
Class C ORW.
(2) South Fork Mills River (Index No. 6-54-3)
down to Queen Creek and all tributaries were
reclassified from Class WS-I and Class
WS-III-trout to Class WS-I ORW and Class
WS-III-trout ORW.
(e) The Schedule of Classifications and Water Quality
Standards for the French Broad River Basin was amended
effective October 1, 1989 as follows: Cane River (Index No.
7-3) from source to Bowlens Creek and all tributaries were
reclassified from Class C trout and Class C to Class WS-III trout
and Class WS-III.
(f) The Schedule of Classifications and Water Quality Standards
for the French Broad River Basin was amended effective
January 1, 1990 as follows: North Toe River (Index No. 7-2)
from source to Cathis Creek (Christ Branch) and all tributaries
were reclassified from Class C trout and Class C to Class WS-III
trout and Class WS-III.
(g) The Schedule of Classifications and Water Quality
Standards for the French Broad River Basin was amended
effective August 3, 1992 with the reclassification of all water
supply waters (waters with a primary classification of WS-I,
WS-II or WS-III). These waters were reclassified to WS-I,
WS-II, WS-III, WS-IV or WS-V as defined in the revised water
supply protection rules, (15A NCAC 2B .0100, .0200 and .0300)
which became effective on August 3, 1992. In some cases,
streams with primary classifications other than WS were
reclassified to a WS classification due to their proximity and
linkage to water supply waters. In other cases, waters were
reclassified from a WS classification to an alternate appropriate
primary classification after being identified as downstream of a
water supply intake or identified as not being used for water
supply purposes.
(h) The Schedule of Classifications and Water Quality
Standards for the French Broad River Basin was amended
effective October 1, 1993 as follows: Reasonover Creek [Index
No. 6-38-14-(1)] from source to Reasonover Lake Dam and all
tributaries were reclassified from Class B Trout to Class WS-V
and B Trout, and Reasonover Creek [Index No. 6-38-14-(4)]
from Reasonover Lake Dam to Lake Julia Dam and all
tributaries were reclassified from Class C Trout to Class WS-V
Trout.
(i) The Schedule of Classifications and Water Quality Standards
for the French Broad River Basin was amended effective July 1,
1995 with the reclassification of Cane Creek [Index Nos.
6-57-(1) and 6-57-(9)] from its source to the French Broad River
from Classes WS-IV and WS-IV Tr to Classes WS-V, WS-V Tr
and WS-IV.
(j) The Schedule of Classifications and Water Quality Standards
for the French Broad River Basin was amended effective
November 1, 1995 as follows: North Toe River [Index Numbers
7-2-(0.5) and 7-2-(37.5)] from source to a point 0.2 miles
downstream of Banjo Branch, including tributaries, has been
reclassified from Class WS-III, WS-III Trout and WS-III Trout
CA (critical area) to Class WS-IV Trout, WS-IV, WS-IV Trout
CA, and C Trout.
(k) The Schedule of Classifications and Water Quality
Standards for the French Broad River Basin was amended
effective January 1, 1996 as follows: Stokely Hollow [Index
Numbers 6-121.5-(1) and 6-121.5-(2)] from source to mouth of
French Broad River has been reclassified from Class WS-II and
Class WS-II CA to Class C.
(l) The Schedule of Classifications and Water Quality Standards
for the French Broad River Basin was amended April 1, 1996
with the reclassification of the French Broad River [Index No.
6-(1)] from a point 0.5 miles downstream of Little River to Mill
Pond Creek to Class WS-IV; French Broad River [Index No.
6-(51.5)] from a point 0.6 miles upstream of Mills River to Mills
River to Class WS-IV CA (Critical Area), from Mills River to a
point 0.1 miles upstream of Boring Mill Branch to Class C; and
the Mills River [Index No. 6-54-(5)] was reclassified from City
of Hendersonville water supply intake to a point 0.7 miles
upstream of mouth of Mills River to Class WS-III, and from a
point 0.7 miles upstream of mouth of Mills River to French
Broad River to Class WS- III CA (Critical Area).
(m) The Schedule of Classifications and Water Quality
Standards for the French Broad River Basin was amended
August 1, 1998 with the revision to the primary classification for
portions of the French Broad River [Index No. 6-(38.5)] and the
North Toe River 7-2-(10.5) from Class IV to Class C.
(n) The Schedule of Classifications and Water Quality
Standards for the French Broad River Basin was amended
August 1, 1998 with the reclassification of Clear Creek [Index
No. 6-55-(1)] from its source to Lewis Creek from Class C Tr to
Class B Tr.
(o) The Schedule of Classifications and Water Quality
Standards for the French Broad River Basin was amended
August 1, 2000 with the reclassification of Rough Creek [Index
No. 5-8-4-(1)], including all tributaries, from its source to the
Canton Reservoir from Class WS-I to Class WS-I Tr ORW.
(p) The Schedule of Classifications and Water Quality
Standards for the French Broad River Basin was amended
August 1, 2002 with the revision to the primary classification for
the French Broad River [Index No. 6-(1), 6-(27), 6-(47.5), 6-
(52.5), and 6-(54.5)] including its four headwater forks'
mainstems, watershed of tributary Davidson River, and
watershed of tributary Bent Creek below Powhatan Dam, and
PROPOSED RULES
21:20 NORTH CAROLINA REGISTER APRIL 16, 2007
1807
the Nolichucky River [Index No. 7] including a lower portion of
the North Toe River from Class C and Class WS-IV to Class B.
(q) The Schedule of Classifications and Water Quality
Standards for the French Broad River Basin was amended
August 1, 2002 with the reclassification of the North Toe River
[Index No. 7-2-(0.5)], including all tributaries, from source to a
point 0.2 mile upstream of Pyatt Creek, from Class C Tr to Class
WS-V Tr.
(r) The Schedule of Classifications and Water Quality Standards
for the French Broad River Basin was amended September 1,
2004 with the reclassification of a portion of Richland Creek
[Index No. 5-16(1)], from source to a point approximately 11.2
miles from source (Boyd Avenue), from Class B to Class B Tr,
and all tributaries to the portion of the creek referenced in this
Paragraph from C, C HQW, and WS-I HQW, and WS-I HQW to
C Tr, C HQW Tr, and WS-I HQW Tr, respectively, except Hyatt
Creek [Index No. 5-16-6], Farmer Branch [Index No. 5-16-11],
and tributaries already classified as Tr.
(s) The Schedule of Classifications and Water Quality Standards
for the French Broad River Basin was amended effective
November 1, 2007 with the reclassification of McClure's Bog
near Gash Creek [Index No. 6-47] to Class WL UWL as defined
in 15A NCAC 02B .0101. The North Carolina Division of Water
Quality maintains a Geographic Information Systems data layer
of the UWL.
Authority G.S. 143-214.1; 143-215.1; 143-215.3(a)(1).
15A NCAC 02B .0305 WATAUGA RIVER BASIN
(a) The schedule Watagua River Basin Schedule of
Classifications and Water Quality Standards may be inspected at
the following places:
(1) Clerk of Court:
Avery County
Watauga County the Internet at
http://h2o.enr.state.nc.us/csu/; and
(2) the North Carolina Department of
Environment and Natural Resources
Resources:
(A) Asheville Regional Office
Interchange Building 2090 US
Highway 70
59 Woodfin Place
AshevilleSwannanoa, North Carolina
(B) Division of Water Quality
Central Office
512 North Salisbury Street
Raleigh, North Carolina.
(b) Unnamed Streams. Such streams entering the State of
Tennessee are classified "C."
(c) The Watauga River Basin Schedule of Classifications and
Water Quality Standards was amended effective:
(1) August 12, 1979;
(2) February 1, 1986;
(3) October 1, 1987;
(4) August 1, 1989;
(5) August 1, 1990;
(6) December 1, 1990;
(7) April 1, 1992;
(8) August 3, 1992;
(9) February 1, 1993;
(10) April 1, 1994;
(11) August 1, 1998. 1998;
(12) November 1, 2007.
(d) The Schedule of Classifications and Water Quality
Standards for the Watauga River Basin was amended effective
July 1, 1989 as follows:
(1) Dutch Creek (Index No. 8-11) was reclassified
from Class C-trout to Class B-trout.
(2) Pond Creek (Index No. 8-20-2) from water
supply intake (located just above Tamarack
Road) to Beech Creek and all tributary waters
were reclassified from Class WS-III to C.
(e) The Schedule of Classifications and Water Quality
Standards for the Watauga River Basin was amended effective
December 1, 1990 with the reclassification of the Watauga River
from the US Highway 321 bridge to the North
Carolina/Tennessee state line from Class C to Class B.
(f) The Schedule of Classifications and Water Quality Standards
for the Watauga River Basin was amended effective April 1,
1992 with the reclassification of Pond Creek from Classes
WS-III and C to Classes WS-III Trout and C Trout.
(g) The Schedule of Classifications and Water Quality
Standards for the Watauga River Basin was amended effective
August 3, 1992 with the reclassification of all water supply
waters (waters with a primary classification of WS-I, WS-II or
WS-III). These waters were reclassified to WS-I, WS-II, WS-III,
WS-IV or WS-V as defined in the revised water supply
protection rules, (15A NCAC 2B .0100, .0200 and .0300) which
became effective on August 3, 1992. In some cases, streams
with primary classifications other than WS were reclassified to a
WS classification due to their proximity and linkage to water
supply waters. In other cases, waters were reclassified from a
WS classification to an alternate appropriate primary
classification after being identified as downstream of a water
supply intake or identified as not being used for water supply
purposes.
(h) The Schedule of Classifications and Water Quality
Standards for the Watauga River Basin has been amended
effective February 1, 1993 with the reclassification of Boone
Fork (Index No. 8-7) and all tributary waters from Classes C Tr
HQW and C HQW to Classes C Tr ORW and C ORW.
(i) The Schedule of Classifications and Water Quality Standards
for the Watauga River Basin has been amended effective April
1, 1994 with the reclassification of the Elk River from Peavine
Branch to the North Carolina/Tennessee state line [Index No. 8-
22-(3)] from Class C Tr to Class B Tr.
(j) The Schedule of Classifications and Water Quality Standards
for the Watauga River Basin has been amended effective August
1, 1998 with the reclassification of East Fork Pond Creek from
its source to the backwater of Santis Lake, [Index No. 8-20-2-
1.5] from Class WS-II Tr to Class WS-III Tr; the
reclassification of West Fork Pond Creek (Santis Lake) [Index
No. 8-20-2-1-(2)] from the backwaters of Santis Lake to Pond
Creek from WS-II Tr CA to WS-III Tr CA; and the
reclassification of the connecting stream of Lake Coffey [Index
No. 8-20-2-2] from the dam at Lake Coffey to Pond Creek from
WS-II Tr CA to C Tr.
PROPOSED RULES
21:20 NORTH CAROLINA REGISTER APRIL 16, 2007
1808
(k) The Schedule of Classifications and Water Quality
Standards for the Watauga River Basin has been amended
effective November 1, 2007 with the reclassification of the
Beech Creek Bog near Beech Creek [Index No. 8-20] to Class
WL UWL as defined in 15A NCAC 02B .0101. The North
Carolina Division of Water Quality maintains a Geographic
Information Systems data layer of the UWL.
Authority G.S. 143-214.1; 143-215.1; 143-215.3(a)(1).
15A NCAC 02B .0307 NEW RIVER BASIN
(a) The schedule New River Basin Schedule of Classifications
and Water Quality Standards may be inspected at the following
places:
(1) Clerk of Court:
Alleghany County
Ashe County
Watauga County the Internet at
http://h2o.enr.state.nc.us/csu/; and
(2) the North Carolina Department of
Environment and Natural Resources:
(A) Asheville Regional Office
Interchange Building2090 US
Highway 70
59 Woodfin Place
AshevilleSwannanoa, North Carolina
(B) Winston-Salem Regional Office
8025 North Point Boulevard, Suite 100585
Waughtown Street
Winston-Salem, North Carolina
(C) Division of Water Quality
Central Office
512 North Salisbury Street
Raleigh, North Carolina.
(b) Unnamed Streams. Such streams entering the State of
Tennessee are classified "C."
(c) The New River Basin Schedule of Classifications and Water
Quality Standards was amended effective:
(1) August 10, 1980;
(2) April 1, 1983;
(3) February 1, 1986;
(4) August 1, 1989;
(5) August 1, 1990;
(6) August 3, 1992;
(7) February 1, 1993;
(8) August 1, 1998. 1998;
(9) November 1, 2007.
(d) The Schedule of Classifications and Water Quality
Standards for the New River Basin was amended effective July
1, 1989 as follows:
(1) South Fork New River [Index No. 10-1-(30)]
from Dog Creek to New River and all tributary
waters were reclassified from Class C-trout
and Class C to Class B-trout and B.
(e) The Schedule of Classifications and Water Quality
Standards for the New River Basin was amended effective
August 3, 1992 with the reclassification of all water supply
waters (waters with a primary classification of WS-I, WS-II or
WS-III). These waters were reclassified to WS-I, WS-II, WS-III,
WS-IV or WS-V as defined in the revised water supply
protection rules, (15A NCAC 02B .0100, .0200 and .0300)
which became effective on August 3, 1992. In some cases,
streams with primary classifications other than WS were
reclassified to a WS classification due to their proximity and
linkage to water supply waters. In other cases, waters were
reclassified from a WS classification to an alternate appropriate
primary classification after being identified as downstream of a
water supply intake or identified as not being used for water
supply purposes.
(f) The Schedule of Classifications and Water Quality Standards
for the New River Basin has been amended effective February 1,
1993 as follows:
(1) the South Fork New River (Index No. 10-1-
33.5) from Dog Creek to the New River was
reclassified from Class B HQW to Class B
ORW;
(2) the New River (Index No. 10) from the
confluence of the North And South Fork New
Rivers to the last point at which it crosses the
NC/VA State line was reclassified from Class
C HQW to Class C ORW; and
(3) Old Field Creek (Index No. 10-1-22) from Call
Creek to the South Fork New River, and Call
Creek (Index No. 10-1-22-1) from its source to
Old Field Creek were reclassified from Class
WS-IV Trout to Class WS-IV Trout ORW.
(g) The Schedule of Classifications and Water Quality
Standards for the New River Basin was amended effective
August 1, 1998 with the revision to the primary classification for
a portion of the South Fork New River [Index No. 10-1 (20.5)]
from Class WS-IV to Class WS-V.
(h) The Schedule of Classifications and Water Quality
Standards for the New River Basin was amended effective
November 1, 2007 with the reclassification of Bluff Mountain
Fen near Buffalo Creek [Index No. 10-2-20] to Class WL UWL
as defined in 15A NCAC 02B .0101. The North Carolina
Division of Water Quality maintains a Geographic Information
Systems data layer of the UWL.
Authority G.S. 143-214.1; 143-215.1; 143-215.3(a)(1).
15A NCAC 02B .0309 YADKIN-PEE DEE RIVER
BASIN
(a) The schedule Yadkin-Pee Dee River Schedule of
Classifications and Water Quality Standards may be inspected
at the following places:
(1) Clerk of Court:
Alexander County
Anson County
Cabarrus County
Caldwell County
Davidson County
Davie County
Forsyth County
Guilford County
Iredell County
Mecklenburg County
Montgomery County
PROPOSED RULES
21:20 NORTH CAROLINA REGISTER APRIL 16, 2007
1809
Randolph County
Richmond County
Rowan County
Stanly County
Stokes County
Surry County
Union County
Watauga County
Wilkes County
Yadkin County the Internet at
http://h2o.enr.state.nc.us/csu/; and
(2) the North Carolina Department of
Environment and Natural Resources:
(A) Mooresville Regional Office
610 East Center Avenue, Suite 301
Mooresville, North Carolina
(B) Winston-Salem Regional Office
585 Waughtown Street
Winston-Salem, North Carolina
(C) Fayetteville Regional Office
Systel Building
225 Green Street
Suite 714
Fayetteville, North Carolina
(D) Asheville Regional Office
2090 US Highway 70
Swannanoa, North Carolina
(E) Division of Water Quality
Central Office
512 North Salisbury Street
Raleigh, North Carolina.
(b) Unnamed Streams. Such streams entering Virginia are
classified "C," and such streams entering South Carolina are
classified "C".
(c) The Yadkin-Pee Dee River Basin Schedule of
Classifications and Water Quality Standards was amended
effective:
(1) February 12, 1979;
(2) March 1, 1983;
(3) August 1, 1985;
(4) February 1, 1986;
(5) October 1, 1988;
(6) March 1, 1989;
(7) January 1, 1990;
(8) August 1, 1990;
(9) January 1, 1992;
(10) April 1, 1992;
(11) August 3, 1992;
(12) December 1, 1992;
(13) April 1, 1993;
(14) September 1, 1994;
(15) August 1, 1995;
(16) August 1, 1998;
(17) April 1, 1999;
(18) July 1, 2006;
(19) September 1, 2006. 2006;
(20) November 1, 2007.
(d) The Schedule of Classifications and Water Quality Standard
for the Yadkin-Pee Dee River Basin has been amended effective
October 1, 1988 as follows:
(1) Mitchell River [Index No. 12-62-(1)] from
source to mouth of Christian Creek (North
Fork Mitchell River) including all tributaries
has been reclassified from Class B Tr to Class
B Tr ORW.
(2) Mitchell River [Index No. 12-62-(7)] from
mouth of Christian Creek (North Fork Mitchell
River) to Surry County SR 1315 including all
tributaries has been classified from Class C Tr
to C Tr ORW, except Christian Creek and
Robertson Creek which will be reclassified
from Class B Tr to Class B Tr ORW.
(3) Mitchell River [Index No. 12-62-(12)] from
Surry County SR 1315 to mouth of South Fork
Mitchell River including all tributaries from
Class C to Class C ORW.
(e) The Schedule of Classifications and Water Quality
Standards for the Yadkin-Pee Dee River Basin was amended
effective March 1, 1989 as follows:
(1) Elk Creek [Index Nos. 12-24-(1) and
12-24-(10)] and all tributary waters were
reclassified from Class B-trout, Class C-trout
and Class B to Class B-trout ORW, Class
C-trout ORW and Class B ORW.
(f) The Schedule of Classifications and Water Quality Standards
for the Yadkin-Pee Dee River Basin was amended effective
January 1, 1990 as follows: Barnes Creek (Index No. 13-2-18)
was reclassified from Class C to Class C ORW.
(g) The Schedule of Classifications and Water Quality
Standards for the Yadkin-Pee Dee River Basin has been
amended effective January 1, 1992 as follows:
(1) Little River [Index Nos. 13-25-(10) and
13-25-(19)] from Suggs Creek to Densons
Creek has been reclassified from Classes
WS-III and C to Classes WS-III HQW and C
HQW.
(2) Densons Creek [Index No. 13-25-20-(1)] from
its source to Troy's Water Supply Intake
including all tributaries has been reclassified
from Class WS-III to Class WS-III HQW.
(3) Bridgers Creek (Index No. 13-25-24) from its
source to the Little River has been reclassified
from Class C to Class C HQW.
(h) The Schedule of Classifications and Water Quality
Standards for the Yadkin-Pee Dee River Basin was amended
effective April 1, 1992 with the reclassification of the North
Prong South Fork Mitchell River from Class C to Class C Trout.
(i) The Schedule of Classifications and Water Quality Standards
for the Yadkin-Pee Dee River was amended effective August 3,
1992 with the reclassification of all water supply waters (waters
with a primary classification of WS-I, WS-II or WS-III). These
waters were reclassified to WS-I, WS-II, WS-III, WS-IV or WS-V
as defined in the revised water supply protection rules, (15A
NCAC 2B .0100, .0200 and .0300) which became effective on
August 3, 1992. In some cases, streams with primary
classifications other than WS were reclassified to a WS
PROPOSED RULES
21:20 NORTH CAROLINA REGISTER APRIL 16, 2007
1810
classification due to their proximity and linkage to water supply
waters. In other cases, waters were reclassified from a WS
classification to an alternate appropriate primary classification
after being identified as downstream of a water supply intake or
identified as not being used for water supply purposes.
(j) The Schedule of Classifications and Water Quality Standards
for the Yadkin-Pee Dee River Basin has been amended effective
December 1, 1992 as follows:
(1) Pike Creek (Index No. 12-46-1-2) was
reclassified from Class C Tr to Class C Tr
HQW;
(2) Basin Creek (Index No. 12-46-2-2) was
reclassified from Class C Tr to Class C Tr
ORW;
(3) Bullhead Creek (Index No. 12-46-4-2) was
reclassified from Class C Tr to Class C Tr
ORW;
(4) Rich Mountain Creek (Index No. 12-46-4-2-2)
was reclassified from Class Tr to Class C Tr
ORW; and
(5) Widows Creek (Index No. 12-46-4-4) was
reclassified from Class C Tr HQW to Class C
Tr ORW.
(k) The Schedule of Classifications and Water Quality
Standards for the Yadkin-Pee Dee River Basin has been
amended effective September 1, 1994 as follows:
(1) Lanes Creek [Index Nos. 13-17-40-(1) and 13-
17-40-(10.5)] from its source to the Marshville
water supply dam including tributaries was
reclassified from Classes WS-II and WS-II CA
to Class WS-V.
(2) The South Yadkin River [Index Nos. 12-108-
(9.7) and 12-108-(15.5)] from Iredell County
SR 1892 to a point 0.7 mile upstream of the
mouth of Hunting Creek including associated
tributaries was reclassified from Classes WS-V,
C and WS-IV to Classes WS-V, WS-IV, C
and WS-IV CA.
(3) The Yadkin River [Index Nos. 12-(53) and 12-
(71)] from a point 0.3 mile upstream of the
mouth of Elkin Creek (River) to the Town of
King water supply intake including associated
tributaries was reclassified from Classes C and
WS-IV to Classes WS-IV and WS-IV CA.
(4) The Yadkin River [Index Nos. 12-(80.5), 12-
(81.5) and 12-(84.5)] from the Town of King
water supply intake to the Davie County water
supply intake reclassified from Classes C, B,
WS-IV and WS-V to Classes WS-IV, WS-IV&
B and WS-IV CA.
(l) The Schedule of Classifications and Water Quality Standards
for the Yadkin-Pee Dee River Basin has been amended effective
August 1, 1995 as follows: Bear Creek [Index Nos. 12-108-18-
(3), 12-108-18-(3.3)], Little Bear Creek (Index No. 12-108-18-
2), and Blue Branch (Index No. 12-108-18-2-1) were reclassified
from WS-II and WS-II CA (Critical Area) to C and WS-IV.
(m) The Schedule of Classifications and Water Quality
Standards for the Yadkin-Pee Dee River Basin was amended
effective August 1, 1998 with the revision to the primary
classification for portions of the Yadkin River [Index No. 12-
(45)] from Class WS-IV to WS-V, Yadkin River [Index No. 12-
(67.5)] from Class WS-IV to Class C, Yadkin River [Index Nos.
12-(93.5) and 12-(98.5)] from Class WS-IV to Class WS-V,
South Yadkin River [Index No. 12-108-(12.5)] from Class WS-IV
to Class WS-V, and South Yadkin River [Index Nos. 12-108-
(19.5) and 12-108-(22)] from Class WS-IV to Class C.
(n) The Schedule of Classifications and Water Quality
Standards for the Yadkin Pee-Dee River Basin was amended
effective April 1, 1999 with the reclassification of a portion of
the Yadkin River [Index No. 12-(80.5)] from WS-IV CA to WS-IV.
A portion of the Yadkin River 0.5 mile upstream of
Bashavia Creek was reclassified from WS-IV to WS-IV CA.
Bashavia Creek [Index Nos. 12-81-(0.5) and 12-81-(2)] was
reclassified from WS-IV and WS-IV CA to Class C. Tributaries
to Bashavia Creek were also reclassified to Class C. Portions of
the Yadkin River [Index Nos. 12-(25.5) and 12-(27)] were
reclassified from WS-IV to Class C and from WS-IV & B to
Class B. Tributaries were reclassed from Class WS-IV to Class
C. Supplemental classifications were not changed.
(o) The Schedule of Classifications and Water Quality
Standards for the Yadkin Pee-Dee River Basin was amended
effective July 1, 2006 with the reclassification of a portion of the
Uwharrie River. More specifically, Index No. 13-2-(25), Index
No. 13-2-(17.5), and a portion of Index No. 13-2-(1.5) was
reclassified from Class WS-IV CA, WS-IV, and C, to Class WS-IV
& B CA, WS-IV & B, and B, respectively.
(p) The Schedule of Classifications and Water Quality Standards
for the Yadkin Pee-Dee River Basin was amended effective
September 1, 2006 with the reclassification of a segment of the
Yadkin River [portion of Index No. 12-(53)] from a point 0.3
mile upstream of the Town of Elkin proposed water supply
intake to the Town of Elkin proposed water supply intake from
C to WS-IV CA. The Town of Elkin proposed water supply
intake is to be placed on the Yadkin River at a point directly
above the mouth of Elkin Creek.
(q) The Schedule of Classifications and Water Quality
Standards for the Yadkin-Pee Dee River Basin was amended
effective November 1, 2007 with the following reclassifications.
The Division of Water Quality maintains a Geographic
Information Systems data layer of the UWLs.
(1) Black Ankle Bog near Suggs Creek [Index No.
13-25-12] was reclassified to Class WL UWL
as defined in 15A NCAC 02B .0101.
(2) Pilot Mountain Floodplain Pool near Horne
Creek [Index No. 12-75] was reclassified to
Class WL UWL as defined in 15A NCAC 02B
.0101.
Authority G.S. 143-214.1; 143-215.1; 143-215.3(a)(1).
15A NCAC 02B .0310 LUMBER RIVER BASIN
(a) The schedule Lumber River Basin Schedule of
Classifications and Water Quality Standards may be inspected at
the following places:
(1) Clerk of Court:
Bladen County
Brunswick County
Columbus County
PROPOSED RULES
21:20 NORTH CAROLINA REGISTER APRIL 16, 2007
1811
Cumberland County
Hoke County
Montgomery County
Moore County
Richmond County
Robeson County
Scotland County the Internet at
http://h2o.enr.state.nc.us/csu/;and
(2) the North Carolina Department of
Environment and Natural Resources:
(A) Fayetteville Regional Office
Wachovia Building225 Green Street
Suite 714
Systel Building Suite 714
Fayetteville, North Carolina
(B) Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, North Carolina
(C) Division of Water Quality
Central Office
512 North Salisbury Street
Raleigh, North Carolina.
(b) Unnamed Streams. Such streams entering South Carolina
are classified "C Sw".
(c) The Lumber River Basin Schedule of Classification and
Water Quality Standards was amended effective:
(1) March 1, 1977;
(2) December 13, 1979;
(3) September 14, 1980;
(4) April 12, 1981;
(5) April 1, 1982;
(6) February 1, 1986;
(7) July 1, 1990;
(8) August 1, 1990;
(9) August 3, 1992;
(10) September 1, 1996;
(11) August 1, 2000. 2000;
(12) November 1, 2007.
(d) The Schedule of Classifications and Water Quality
Standards for the Lumber River Basin was amended effective
July 1, 1990 by the reclassification of Naked Creek (Index No.
14-2-6) from source to Drowning Creek including all tributaries
from Class WS-III to Class WS-III ORW.
(e) The Schedule of Classifications and Water Quality
Standards for the Lumber River Basin was amended effective
August 3, 1992 with the reclassification of all water supply
waters (waters with a primary classification of WS-I, WS-II or
WS-III). These waters were reclassified to WS-I, WS-II, WS-III,
WS-IV or WS-V as defined in the revised water supply
protection rules, (15A NCAC 2B .0100, .0200 and .0300) which
became effective on August 3, 1992. In some cases, streams
with primary classifications other than WS were reclassified to a
WS classification due to their proximity and linkage to water
supply waters. In other cases, waters were reclassified from a
WS classification to an alternate appropriate primary
classification after being identified as downstream of a water
supply intake or identified as not being used for water supply
purposes.
(f) The Schedule of Classifications and Water Quality Standards
for the Lumber River Basin was amended effective September 1,
1996 by the reclassification of the Lumber River from 2.0 miles
upstream of highway 401 to a point 0.5 mile upstream of Powell
Branch [Index Nos. 14-(3), 14-(4), 14-(4.5), 14-(7) and 14-
(10.3)] from Classes WS-IV Sw HQW, WS-IV Sw HQW CA
and C Sw HQW to Classes WS-IV&B Sw HQW, WS-IV&B Sw
HQW CA and B Sw HQW.
(g) The Schedule of Classifications and Water Quality
Standards for the Lumber River Basin was amended effective
August 1, 2000 with the reclassification of Lake Waccamaw
[Index No. 15-2] from Class B Sw to Class B Sw ORW.
(h) The Schedule of Classifications and Water Quality
Standards for the Lumber River Basin was amended effective
November 1, 2007 with the following reclassifications. The
North Carolina Division of Water Quality maintains a
Geographic Information Systems data layer for the UWLs:
(1) Waccamaw Natural Lake Shoreline near Lake
Waccamaw [Index No. 15-2] was reclassified
to Class WL UWL as defined in 15A NCAC
02B .0101.
(2) Green Swamp Small Depression Pond near
Royal Oak Swamp [Index No. 15-25-1-12]
was reclassified to Class WL UWL as defined
in 15A NCAC 02B .0101.
(3) Old Dock Savanna near Gum Swamp Run
[Index No. 15-6] was reclassified to Class WL
UWL as defined in 15A NCAC 02B .0101.
(4) Myrtle Head Savanna near Mill Branch [Index
No. 15-7-7] was reclassified to Class WL
UWL as defined in 15A NCAC 02B .0101.
(5) Goosepond Bay near Big Marsh Swamp
[Index No. 14-22-2] was reclassified to Class
WL UWL as defined in 15A NCAC 02B
.0101.
(6) Antioch Bay near Raft Swamp [Index No. 14-
10-(1)] was reclassified to Class WL UWL as
defined in 15A NCAC 02B .0101.
(7) Pretty Pond Bay near Big Marsh Swamp
[Index No. 14-22-2] was reclassified to Class
WL UWL as defined in 15A NCAC 02B
.0101.
(8) Dunahoe Bay near Big Marsh Swamp [Index
No. 14-22-2] was reclassified to Class WL
UWL as defined in 15A NCAC 02B .0101.
(9) Hamby's Bay near Raft Swamp [Index No. 14-
10-(1)] was reclassified to Class WL UWL as
defined in 15A NCAC 02B .0101.
(10) Oak Savanna Bay near Smith Branch [Index
No. 14-10-3] was reclassified to Class WL
UWL as defined in 15A NCAC 02B .0101.
(11) Big Island Savanna near Driving Creek [Index
No. 15-7-1] was reclassified to Class WL
UWL as defined in 15A NCAC 02B .0101.
Authority G.S. 143-214.1; 143-215.1; 143-215.3(a)(1).
15A NCAC 02B .0311 CAPE FEAR RIVER BASIN
PROPOSED RULES
21:20 NORTH CAROLINA REGISTER APRIL 16, 2007
1812
(a) Places The where the schedules Cape Fear River Basin
Schedule of Classifications and Water Quality Standards may be
inspectedinspected at the following places:
(1) Clerk of Court:
Alamance County
Bladen County
Brunswick County
Caswell County
Chatham County
Columbus County
Cumberland County
Duplin County
Durham County
Forsyth County
Guilford County
Harnett County
Hoke County
Lee County
Montgomery County
Moore County
New Hanover County
Onslow County
Orange County
Pender County
Randolph County
Rockingham County
Sampson County
Wake County
Wayne County the Internet at
http://h2o.enr.state.nc.us/csu/; and
(2) the North Carolina Department of
Environment and Natural Resources:
(A) Winston-Salem Regional Office
585 Waughtown Street
Winston-Salem, North Carolina
(B) Fayetteville Regional Office
Systel Building
225 Green Street
Systel Building Suite 714
Fayetteville, North Carolina
(C) Raleigh Regional Office
3800 Barrett Drive
Raleigh, North Carolina
(D) Washington Regional Office
943 Washington Square Mall
Washington, North Carolina
(E) Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, North Carolina
(F) Division of Water Quality
Central Office
512 North Salisbury Street
Raleigh, North Carolina.
(b) The Cape Fear River Basin Schedule of Classification and
Water Quality Standards was amended effective:
(1) March 1, 1977;
(2) December 13, 1979;
(3) December 14, 1980;
(4) August 9, 1981;
(5) April 1, 1982;
(6) December 1, 1983;
(7) January 1, 1985;
(8) August 1, 1985;
(9) December 1, 1985;
(10) February 1, 1986;
(11) July 1, 1987;
(12) October 1, 1987;
(13) March 1, 1988;
(14) June 1, 1988;
(15) July 1, 1988;
(16) January 1, 1990;
(17) August 1, 1990;
(18) August 3, 1992;
(19) September 1, 1994;
(20) August 1, 1998;
(21) April 1, 1999;
(22) August 1, 2002;
(23) November 1, 2004. 2004;
(24) November 1, 2007.
(c) The Schedule of Classifications and Water Quality
Standards for the Cape Fear River Basin has been amended
effective June 1, 1988 as follows:
(1) Cane Creek [Index No. 16-21-(1)] from source
to a point 0.5 mile north of N.C. Hwy. 54
(Cane Reservoir Dam) including the Cane
Creek Reservoir and all tributaries has been
reclassified from Class WS-III to WS-I.
(2) Morgan Creek [Index No. 16-41-1-(1)] to the
University Lake dam including University
Lake and all tributaries has been reclassified
from Class WS-III to WS-I.
(d) The Schedule of Classifications and Water Quality
Standards for the Cape Fear River Basin has been amended
effective July 1, 1988 by the reclassification of Crane Creek
(Crains Creek) [Index No. 18-23-16-(1)] from source to mouth
of Beaver Creek including all tributaries from C to WS-III.
(e) The Schedule of Classifications and Water Quality
Standards for the Cape Fear River Basin has been amended
effective January 1, 1990 as follows:
(1) Intracoastal Waterway (Index No. 18-87) from
southern edge of White Oak River Basin to
western end of Permuda Island (a line from
Morris Landing to Atlantic Ocean), from the
eastern mouth of Old Topsail Creek to the
southwestern shore of Howe Creek and from
the southwest mouth of Shinn Creek to
channel marker No. 153 including all
tributaries except the King Creek Restricted
Area, Hardison Creek, Old Topsail Creek, Mill
Creek, Futch Creek and Pages Creek were
reclassified from Class SA to Class SA ORW.
(2) Topsail Sound and Middle Sound ORW Area
which includes all waters between the Barrier
Islands and the Intracoastal Waterway located
between a line running from the western most
shore of Mason Inlet to the southwestern shore
of Howe Creek and a line running from the
western shore of New Topsail Inlet to the
PROPOSED RULES
21:20 NORTH CAROLINA REGISTER APRIL 16, 2007
1813
eastern mouth of Old Topsail Creek was
reclassified from Class SA to Class SA ORW.
(3) Masonboro Sound ORW Area which includes
all waters between the Barrier Islands and the
mainland from a line running from the
southwest mouth of Shinn Creek at the
Intracoastal Waterway to the southern shore of
Masonboro Inlet and a line running from the
Intracoastal Waterway Channel marker No.
153 to the southside of the Carolina Beach
Inlet was reclassified from Class SA to Class
SA ORW.
(f) The Schedule of Classifications and Water Quality Standards
for the Cape Fear River Basin has been amended effective
January 1, 1990 as follows: Big Alamance Creek [Index No.
16-19-(1)] from source to Lake Mackintosh Dam including all
tributaries has been reclassified from Class WS-III NSW to
Class WS-II NSW.
(g) The Schedule of Classifications and Water Quality
Standards for the Cape Fear River Basin was amended effective
August 3, 1992 with the reclassification of all water supply
waters (waters with a primary classification of WS-I, WS-II or
WS-III). These waters were reclassified to WS-I, WS-II, WS-III,
WS-IV or WS-V as defined in the revised water supply
protection rules, (15A NCAC 02B .0100, .0200 and .0300)
which became effective on August 3, 1992. In some cases,
streams with primary classifications other than WS were
reclassified to a WS classification due to their proximity and
linkage to water supply waters. In other cases, waters were
reclassified from a WS classification to an alternate appropriate
primary classification after being identified as downstream of a
water supply intake or identified as not being used for water
supply purposes.
(h) The Schedule of Classifications and Water Quality
Standards for the Cape Fear River Basin was amended effective
June 1, 1994 as follows:
(1) The Black River from its source to the Cape
Fear River [Index Nos. 18-68-(0.5), 18-68-
(3.5) and 18-65-(11.5)] was reclassified from
Classes C Sw and C Sw HQW to Class C Sw
ORW.
(2) The South River from Big Swamp to the Black
River [Index Nos. 18-68-12-(0.5) and 18-68-
12(11.5)] was reclassified from Classes C Sw
and C Sw HQW to Class C Sw ORW.
(3) Six Runs Creek from Quewhiffle Swamp to
the Black River [Index No. 18-68-2] was
reclassified from Class C Sw to Class C Sw
ORW.
(i) The Schedule of Classifications and Water Quality Standards
for the Cape Fear River Basin was amended effective September
1, 1994 with the reclassification of the Deep River [Index No.
17-(36.5)] from the Town of Gulf-Goldston water supply intake
to US highway 421 including associated tributaries from Class C
to Classes C, WS-IV and WS-IV CA.
(j) The Schedule of Classifications and Water Quality Standards
for the Cape Fear River Basin was amended effective August 1,
1998 with the revision to the primary classification for portions
of the Deep River [Index No. 17-(28.5)] from Class WS-IV to
Class WS-V, Deep River [Index No. 17-(41.5)] from Class WS-IV
to Class C, and the Cape Fear River [Index 18-(10.5)] from
Class WS-IV to Class WS-V.
(k) The Schedule of Classifications and Water Quality
Standards for the Cape Fear River Basin was amended effective
April 1, 1999 with the reclassification of Buckhorn Creek
(Harris Lake)[Index No. 18-7-(3)] from the backwaters of Harris
Lake to the Dam at Harris Lake from Class C to Class WS-V.
(l) The Schedule of Classifications and Water Quality Standards
for the Cape Fear River Basin was amended effective April 1,
1999 with the reclassification of the Deep River [Index No. 17-
(4)] from the dam at Oakdale-Cotton Mills, Inc. to the dam at
Randleman Reservoir (located 1.6 mile upstream of U.S. Hwy
220 Business), and including tributaries from Class C and Class
B to Class WS-IV and Class WS-IV & B. Streams within the
Randleman Reservoir Critical Area have been reclassified to
WS-IV CA. The Critical Area for a WS-IV reservoir is defined
as 0.5 mile and draining to the normal pool elevation of the
reservoir. All waters within the Randleman Reservoir Water
Supply Watershed are within a designated Critical Water Supply
Watershed and are subject to a special management strategy
specified in 15A NCAC 02B .0248.
(m) The Schedule of Classifications and Water Quality
Standards for the Cape Fear River Basin was amended effective
August 1, 2002 as follows:
(1) Mill Creek [Index Nos. 18-23-11-(1), 18-23-
11-(2), 18-23-11-3, 18-23-11-(5)] from its
source to the Little River, including all
tributaries was reclassified from Class WS-III
NSW and Class WS III&B NSW to Class WS-III
NSW HQW@ and Class WS-III&B NSW
HQW@.
(2) McDeed's Creek [Index Nos. 18-23-11-4, 18-
23-11-4-1] from its source to Mill Creek,
including all tributaries was reclassified from
Class WS III NSW and Class WS III&B NSW
to Class WS-III NSW HQW@ and Class WS-III&
B NSW HQW@.
(3) The "@" symbol as used in Paragraph (m) of
this Rule means that if the governing
municipality has deemed that a development is
covered under a "5/70 provision" as described
in Rule 15A NCAC 02B .0215(3)(b)(i)(E)
(Fresh Surface Water Quality Standards for
Class WS-III Waters), then that development
is not subject to the stormwater requirements
as described in rule 15A NCAC 02H .1006
(Stormwater Requirements: High Quality
Waters).
(n) The Schedule of Classifications and Water Quality
Standards for the Cape Fear River Basin was amended effective
November 1, 2004 as follows:
(1) A portion of Rocky River [Index Number 17-
43-(1)] from a point approximately 0.3 mile
upstream of Town of Siler City upper reservoir
dam to a point approximately 0.3 mile
downstream of Lacy Creek from WS-III to
WS-III CA.
PROPOSED RULES
21:20 NORTH CAROLINA REGISTER APRIL 16, 2007
1814
(2) A portion of Rocky River [Index Number 17-
43-(8)] from dam at lower water supply
reservoir for Town of Siler City to a point
approximately 65 feet below dam (site of
proposed dam) from C to WS-III CA.
(3) A portion of Mud Lick Creek (Index No. 17-
43-6) from a point approximately 0.4 mile
upstream of Chatham County SR 1355 to
Town of Siler City lower water supply
reservoir from WS-III to WS-III CA.
(4) A portion of Lacy Creek (17-43-7) from a
point approximately 0.6 mile downstream of
Chatham County SR 1362 to Town of Siler
City lower water supply reservoir from WS-III
to WS-III CA.
(o) The Schedule of Classifications and Water Quality
Standards for the Cape Fear River Basin was amended effective
November 1, 2007 with the following reclassifications. The
North Carolina Division of Water Quality maintains a
Geographic Information Systems data layer for the UWLs.
(1) Military Ocean Terminal Sunny Point Pools,
all on the eastern shore of the Cape Fear River
[Index No. 18-(71)] were reclassified to Class
WL UWL as defined in 15A NCAC 02B
.0101.
(2) Salters Lake Bay near Salters Lake [Index No.
18-44-4] was reclassified to Class WL UWL
as defined in 15A NCAC 02B .0101.
(3) Jones Lake Bay near Jones Lake [Index No.
18-46-7-1] was reclassified to Class WL UWL
as defined in 15A NCAC 02B .0101.
(4) Weymouth Woods Sandhill Seep near Mill
Creek [18-23-11-(1)] was reclassified to Class
WL UWL as defined in 15A NCAC 02B
.0101.
(5) Fly Trap Savanna near Cape Fear River [Index
No. 18-(71)] was reclassified to Class WL
UWL as defined in 15A NCAC 02B .0101.
(6) Lily Pond near Cape Fear River [Index No.
18-(71)] was reclassified to Class WL UWL as
defined in 15A NCAC 02B .0101.
(7) Grassy Pond near Cape Fear River [Index No.
18-(71)] was reclassified to Class WL UWL as
defined in 15A NCAC 02B .0101.
(8) The Neck Savanna near Sandy Run Swamp
[Index No. 18-74-33-2] was reclassified to
Class WL UWL as defined in 15A NCAC 02B
.0101.
(9) Bower's Bog near Mill Creek [Index No. 18-
23-11-(1)] was reclassified to Class WL UWL
as defined in 15A NCAC 02B .0101.
(10) Bushy Lake near Turnbull Creek [Index No.
18-46] was reclassified to Class WL UWL as
defined in 15A NCAC 02B .0101.
Authority G.S. 143-214.1; 143-215.1; 143-215.3(a)(1).
15A NCAC 02B .0312 WHITE OAK RIVER BASIN
(a) Places where the The White Oak River Basin Schedule of
Classifications and Water Quality Standards schedules may be
inspected: inspected in the following places:
(1) Clerk of Court:
Carteret County
Craven County
Jones County
Onslow County the internet at
http://h2o.enr.state.nc.us/csu/; and
(2) the North Carolina Department of
Environment, Health, Environment and
Natural Resources:
(A) Washington Regional Office
1424 Carolina Avenue943
Washington Square Mall
Washington, North Carolina
(B) Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, North Carolina
(C) Division of Water Quality
Central Office
512 North Salisbury Street
Raleigh, North Carolina.
(b) The White Oak River Basin Schedule of Classification and
Water Quality Standards was amended effective:
(1) December 13, 1979;
(2) June 1, 1988;
(3) January 1, 1990;
(4) August 1, 1990;
(5) August 1, 1991;
(6) June 1, 1992;
(7) December 1, 1992. 1992;
(8) November 1, 2007.
(c) The Schedule of Classifications and Water Quality
Standards for the White Oak River Basin has been amended
effective January 1, 1990 as follows:
(1) Intracoastal Waterway (Index No. 19-39) from
northeastern boundary of Cape Fear River
Basin to Daybeacon No. 17 including all
unnamed bays, guts, and channels, except
Rogers Bay and Mill Creek and Intracoastal
Waterway (Index No. 19-41) from the
northeast mouth of Goose Creek to the
southwest mouth of Queen Creek were
reclassified from Class SA to Class SA ORW.
(2) Bear Island ORW Area, which includes all
waters within an area north of Bear Island
defined by a line from the western most point
on Bear Island to the northeast mouth of
Goose Creek on the mainland, east to the
southwest mouth of Queen Creek, then south
to green marker No. 49, then northeast to the
northern most point on Huggins Island, then
southeast along the shoreline of Huggins
Island to the southeastern most point of
Huggins Island, then south to the northeastern
most point on Dudley Island, then southwest
along the shoreline of Dudley Island to the
eastern tip of Bear Island to the western mouth
PROPOSED RULES
21:20 NORTH CAROLINA REGISTER APRIL 16, 2007
1815
of Foster Creek including Cow Channel were
reclassified from Class SA to Class SA ORW.
(3) Bogue Sound (including Intracoastal
Waterway from White Oak River Basin to
Beaufort Inlet) (Index No. 20-36) from Bogue
Inlet to a line across Bogue Sound from the
southwest side of mouth of Gales Creek to
Rock Point and all tributaries except Hunting
Island Creek, Goose Creek, and Broad Creek
were reclassified from Class SA to Class SA
ORW.
(4) Core Sound (Index No. 21-35-7) from
northern boundary of White Oak River Basin
(a line from Hall Point to Drum Inlet) to Back
Sound and all tributaries except Atlantic
Harbor Restricted Area, Nelson Bay, Jarrett
Bay, Williston Creek, Wade Creek and
Middens Creek were reclassified from Class
SA to Class SA ORW.
(5) Back Sound (Index No. 21-35) from a point on
Shackleford Banks at lat. 34 degrees 40' 57"
and long 76 degrees 37' 30" north to the
western most point of Middle Marshes and
along the northwest shoreline of Middle
Marshes (to include all of Middle Marshes) to
Rush Point on Harkers Island and along the
southern shore of Harkers Island back to Core
Sound and all tributaries were reclassified
from Class SA to Class SA ORW.
(d) The Schedule of Classifications and Water Quality
Standards for the White Oak River Basin was amended effective
August 1, 1991 by adding the supplemental classification NSW
(Nutrient Sensitive Waters) to all waters in the New River
Drainage Area above a line running across the New River from
Grey Point to a point of land approximately 2,200 yards
downstream of the mouth of Duck Creek.
(e) The Schedule of Classifications and Water Quality
Standards for the White Oak River Basin was amended effective
June 1, 1992 with the reclassification of Peletier Creek (Index
No. 20-36-11) from its source to Bogue Sound from Class SA to
Class SB with the requirement that no discharges be allowed.
(f) The Schedule of Classifications and Water Quality Standards
for the White Oak River Basin has been amended effective
December 1, 1992 with the reclassification of the Atlantic
Harbor Restricted Area (Index No. 21-35-7-2) from Class SC to
Class SA ORW.
(g) The Schedule of Classifications and Water Quality
Standards for the White Oak River Basin has been amended
effective November 1, 2007 with the following reclassifications.
The Division of Water Quality maintains a Geographic
Information Systems data layer of the UWLs:
(1) Theodore Roosevelt Maritime Swamp Forest
near Roosevelt Natural Area Swamp [Index
No. 20-36-9.5-(1)] was reclassified to Class
WL UWL as defined in 15A NCAC 02B
.0101.
(2) Bear Island Maritime Wet Grassland near the
Atlantic Ocean [Index No. 99-(4)] was
reclassified to Class WL UWL as defined in
15A NCAC 02B .0101.
Authority G.S. 143-214.1; 143-215.1; 143-215.3(a)(1).
15A NCAC 02B .0313 ROANOKE RIVER BASIN
(a) The schedule Roanoke River Basin Schedule of
Classifications and Water Quality Standards may be inspected at
the following places:
(1) Clerk of Court:
Bertie County
Caswell County
Forsyth County
Granville County
Guilford County
Halifax County
Martin County
Northampton County
Person County
Rockingham County
Stokes County
Surry County
Vance County
Warren County
Washington County the Internet at
http://h2o.enr.state.nc.us/csu/; and
(2) the North Carolina Department of
Environment and Natural Resources:
(A) Raleigh Regional Office
3800 Barrett Drive
Raleigh, North Carolina
(B) Washington Regional Office
1424 Carolina Avenue943
Washington Square Mall
Washington, North Carolina
(C) Winston-Salem Regional Office
8025 North Point Boulevard, Suite
100585 Waughtown Street
Winston-Salem, North Carolina
(D) Division of Water Quality
Regional Office
512 North Salisbury Street
Raleigh, North Carolina.
(b) Unnamed Streams. Such streams entering Virginia are
classified "C." Except that all backwaters of John H. Kerr
Reservoir and the North Carolina portion of streams tributary
thereto not otherwise named or described shall carry the
classification "B," and all backwaters of Lake Gaston and the
North Carolina portion of streams tributary thereto not otherwise
named or described shall carry the classification "C and B".
(c) The Roanoke River Basin Schedule of Classification and
Water Quality Standards was amended effective:
(1) May 18, 1977;
(2) July 9, 1978;
(3) July 18, 1979;
(4) July 13, 1980;
(5) March 1, 1983;
(6) August 1, 1985;
(7) February 1, 1986;
PROPOSED RULES
21:20 NORTH CAROLINA REGISTER APRIL 16, 2007
1816
(8) July 1, 1991;
(9) August 3, 1992;
(10) August 1, 1998;
(11) April 1, 1999;
(12) April 1, 2001. 2001;
(13) November 1, 2007.
(d) The Schedule of Classifications and Water Quality
Standards for the Roanoke River Basin was amended effective
July 1, 1991 with the reclassification of Hyco Lake (Index No.
22-58) from Class C to Class B.
(e) The Schedule of Classifications and Water Quality
Standards for the Roanoke River Basin was amended effective
August 3, 1992 with the reclassification of all water supply
waters (waters with a primary classification of WS-I, WS-II or
WS-III). These waters were reclassified to WS-I, WS-II, WS-III,
WS-IV or WS-V as defined in the revised water supply
protection rules, (15A NCAC 2B .0100, .0200 and .0300) which
became effective on August 3, 1992. In some cases, streams
with primary classifications other than WS were reclassified to a
WS classification due to their proximity and linkage to water
supply waters. In other cases, waters were reclassified from a
WS classification to an alternate appropriate primary
classification after being identified as downstream of a water
supply intake or identified as not being used for water supply
purposes.
(f) The Schedule of Classifications and Water Quality Standards
for the Roanoke River Basin was amended effective August 1,
1998 with the reclassification of Cascade Creek (Camp Creek)
[Index No. 22-12] and its tributaries from its source to the
backwaters at the swimming lake from Class B to Class B ORW,
and reclassification of Indian Creek [index No. 22-13] and its
tributaries from its source to Window Falls from Class C to
Class C ORW.
(g) The Schedule of Classifications and Water Quality
Standards for the Roanoke River Basin was amended effective
August 1, 1998 with the reclassification of Dan River and Mayo
River WS-IV Protected Areas. The Protected Areas were
reduced in size.
(h) The Schedule of Classifications and Water Quality
Standards for the Roanoke River Basin was amended effective
April 1, 1999 as follows:
(1) Hyco River, including Hyco Lake below
elevation 410 [Index No. 22-58-(0.5)] was
reclassified from Class B to Class WS-V & B.
(2) Mayo Creek (Maho Creek) (Mayo Reservoir)
[Index No. 22-58-15] was reclassified from its
source to the dam of Mayo Reservoir from
Class C to Class WS-V.
(i) The Schedule of Classifications and Water Quality Standards
for the Roanoke River Basin was amended effective April 1,
2001 as follows:
(1) Fullers Creek from source to a point 0.8 mile
upstream of Yanceyville water supply dam
[Index No. 22-56-4-(1)] was reclassified from
Class WS-II to Class WS-III.
(2) Fullers Creek from a point 0.8 mile upstream
of Yanceyville water supply dam to
Yanceyville water supply dam [Index No. 22-
56-4-(2)] was reclassified from Class WS-II
CA to Class WS-III CA.
(j) The Schedule of Classifications and Water Quality Standards
for the Roanoke River Basin was amended effective November
1, 2007 with the reclassification of Hanging Rock Hillside
Seepage Bog near Cascade Creek [Index No. 22-12-(2)] to Class
WL UWL as defined in 15A NCAC 02B .0101. The Division of
Water Quality maintains a Geographic Information Systems data
layer of the UWL.
Authority G.S. 143-214.1; 143-215.1; 143-215.3(a)(1).
15A NCAC 02B .0316 TAR-PAMLICO RIVER BASIN
(a) The schedule Tar-Pamlico River Basin Schedule of
Classifications and Water Quality Standards may be inspected at
the following places:
(1) Clerk of Court:
Beaufort County
Dare County
Edgecombe County
Franklin County
Granville County
Halifax County
Hyde County
Martin County
Nash County
Pamlico County
Person County
Pitt County
Vance County
Warren County
Washington County
Wilson County the internet at
http://h2o.enr.state.nc.us/csu/; and
(2) the North Carolina Department of
Environment and Natural Resources:
(A) Raleigh Regional Office
3800 Barrett Drive
Raleigh, North Carolina
(B) Washington Regional Office
943 Washington Square Mall
Washington, North Carolina.
(C) Division of Water Quality
Central Office
512 North Salisbury Street
Raleigh, North Carolina.
(b) Unnamed Streams. All drainage canals not noted in the
schedule are classified "C Sw," except the main drainage canals
to Pamlico Sound and its bays which shall be classified "SC."
(c) The Tar-Pamlico River Basin Schedule of Classification and
Water Quality Standards was amended effective:
(1) March 1, 1977;
(2) November 1, 1978;
(3) June 8, 1980;
(4) October 1, 1983;
(5) June 1, 1984;
(6) August 1, 1985;
(7) February 1, 1986;
(8) August 1, 1988;
PROPOSED RULES
21:20 NORTH CAROLINA REGISTER APRIL 16, 2007
1817
(9) January 1, 1990;
(10) August 1, 1990;
(11) August 3, 1992;
(12) April 1, 1994;
(13) January 1, 1996;
(14) September 1, 1996;
(15) October 7, 2003;
(16) June 1, 2004. 2004;
(17) November 1, 2007.
(d) The Schedule of Classifications and Water Quality
Standards for the Tar-Pamlico River Basin has been amended
effective August 1, 1988 as follows:
(1) Tar River (Index No. 28-94) from a point 1.2
miles downstream of Broad Run to the
upstream side of Tranters Creek from Class C
to Class B.
(e) The Schedule of Classifications and Water Quality
Standards for the Tar-Pamlico River Basin has been amended
effective January 1, 1990 by the reclassification of Pamlico
River and Pamlico Sound [Index No. 29-(27)] which includes all
waters within a line beginning at Juniper Bay Point and running
due south to Lat. 35° 18' 00", long. 76° 13' 20", thence due west
to lat. 35° 18' 00", long 76° 20' 00", thence northwest to Shell
Point and including Shell Bay, Swanquarter and Juniper Bays
and their tributaries, but excluding the Blowout, Hydeland
Canal, Juniper Canal and Quarter Canal were reclassified from
Class SA and SC to SA ORW and SC ORW.
(f) The Schedule of Classifications and Water Quality Standards
for the Tar-Pamlico River Basin has been amended effective
January 1, 1990 by adding the supplemental classification NSW
(Nutrient Sensitive Waters) to all waters in the basin from source
to a line across Pamlico River from Roos Point to Persimmon
Tree Point.
(g) The Schedule of Classifications and Water Quality
Standards for the Tar-Pamlico River Basin was amended
effective August 3, 1992 with the reclassification of all water
supply waters (waters with a primary classification of WS-I,
WS-II or WS-III). These waters were reclassified to WS-I, WS-II,
WS-III, WS-IV or WS-V as defined in the revised water
supply protection rules, (15A NCAC 2B .0100, .0200 and .0300)
which became effective on August 3, 1992. In some cases,
streams with primary classifications other than WS were
reclassified to a WS classification due to their proximity and
linkage to water supply waters. In other cases, waters were
reclassified from a WS classification to an alternate appropriate
primary classification after being identified as downstream of a
water supply intake or identified as not being used for water
supply purposes.
(h) The Schedule of Classifications and Water Quality
Standards for the Tar-Pamlico River Basin was amended
effective April 1, 1994 with the reclassification of Blounts Creek
from Herring Run to Blounts Bay [Index No. 29-9-1-(3)] from
Class SC NSW to Class SB NSW.
(i) The Schedule of Classifications and Water Quality Standards
for the Tar-Pamlico River Basin was amended effective January
1, 1996 with the reclassification of Tranters Creek [Index
Numbers 28-103- (4.5), 28-103- (13.5), 28-103- (14.5) and
28-103-(16.5)] from a point 1.5 miles upstream of Turkey
Swamp to the City of Washington's former auxiliary water
supply intake, including tributaries, from Class WS-IV Sw NSW
and Class WS-IV CA Sw NSW to Class C Sw NSW.
(j) The Schedule of Classifications and Water Quality Standards
for the Tar-Pamlico River Basin was amended effective
September 1, 1996 with the addition of Huddles Cut (previously
unnamed in the schedule) classified as SC NSW with an Index
No. of 29-25.5.
(k) The Schedule of Classifications and Water Quality
Standards for the Tar-Pamlico River Basin was temporarily
amended effective October 7, 2003 and permanently amended
June 1, 2004 with the reclassification of a portion of Swift Creek
[Index Number 28-78-(0.5)] and a portion of Sandy Creek
[Index Number 28-78-1-(19)] from Nash County SR 1004 to
Nash County SR 1003 from Class C NSW to Class C ORW
NSW, and the waters that drain to these two creek portions to
include only the ORW management strategy as represented by
"+". The "+" symbol as used in this paragraph means that all
undesignated waterbodies that drain to the portions of the two
creeks referenced in this Paragraph shall comply with Paragraph
(c) of Rule .0225 of this Subchapter in order to protect the
designated waters as per Rule .0203 of this Subchapter and to
protect outstanding resource values found in the designated
waters as well as in the undesignated waters that drain to the
designated waters.
(l) The Schedule of Classifications and Water Quality Standards
for the Tar-Pamlico River Basin was amended effective
November 1, 2007 with the reclassifications as follows. The
North Carolina Division of Water Quality maintains a
Geographic Information Systems data layer of the UWLs.
(1) Goose Creek Tidal Freshwater Marsh along
the confluence of Goose Creek [Index No. 29-
33] and the Pamlico River [Index No. 29-
(27)], along Flatty Creek [Index No. 29-11-4]
a length of the Pamlico River shoreline [Index
No. 29-(27)] was reclassified to Class WL
UWL as defined in 15A NCAC 02B .0101.
(2) Mallard Creek Tidal Freshwater Marsh along
Mallard Creek [Index No. 29-13-(1)] 0.2 miles
above its confluence with the Pamlico River to
Class WL UWL as defined in 15A NCAC 02B
.0101.
Authority G.S. 143-214.1; 143-215.1; 143-215.3(a)(1).
15A NCAC 02B .0317 PASQUOTANK RIVER BASIN
(a) The schedule Pasquotank River Basin Schedule of
Classifications and Water Quality Standards may be inspected at
the following places:
(1) Clerk of Court:
Camden County
Chowan County
Currituck County
Dare County
Gates County
Hyde County
Pasquotank County
Perquimans County
Tyrrell County
PROPOSED RULES
21:20 NORTH CAROLINA REGISTER APRIL 16, 2007
1818
Washington County the Internet at
http://h2o.enr.state.nc.us/csu/; and
(2) the North Carolina Department of
Environment and Natural
Resources;Resources:
(A) Washington Regional Office
1424 Carolina Avenue 943
Washington Square Mall
Washington, North Carolina
(B) Division of Water Quality
Central Office
512 North Salisbury Street
Raleigh, North Carolina.
(b) Unnamed Streams. All drainage canals not noted in the
schedule are classified "C."
(c) The Pasquotank River Basin Schedule of Classifications and
Water Quality Standards was amended effective:
(1) March 1, 1977;
(2) May 18, 1977;
(3) December 13, 1979;
(4) January 1, 1985;
(5) February 1, 1986;
(6) January 1, 1990;
(7) August 1, 1990;
(8) August 3, 1992;
(9) August 1, 1998;
(10) August 1, 2000. 2000;
(11) November 1, 2007.
(d) The Schedule of Classifications and Water Quality
Standards for the Pasquotank River Basin was amended
effective January 1, 1990 by the reclassification of Alligator
River [Index Nos. 30-16-(1) and 30-16-(7)] from source to U.S.
Hwy. 64 and all tributaries except Swindells Canal, Florida
Canal, New Lake, Fairfield Canal, Carters Canal, Dunbar Canal
and Intracoastal Waterway (Pungo River - Alligator River
Canal) were reclassified from C Sw and SC Sw to C Sw ORW
and SC Sw ORW.
(e) The Schedule of Classifications and Water Quality
Standards for the Pasquotank River Basin was amended
effective August 1, 1990 as follows:
(1) Croatan Sound [Index No. 30-20-(1)] from a
point of land on the southern side of mouth of
Peter Mashoes Creek on Dare County
mainland following a line eastward to
Northwest Point on Roanoke Island and then
from Northwest Point following a line west to
Reeds Point on Dare County mainland was
reclassified from Class SC to Class SB.
(2) Croatan Sound [Index No. 30-20-(1.5)] from
Northwest Point on Roanoke Island following
a line west to Reeds Point on Dare County
mainland to William B. Umstead Memorial
Bridge was reclassified from Class SC to Class
SA.
(f) The Schedule of Classifications and Water Quality Standards
for the Pasquotank River Basin was amended effective August 3,
1992 with the reclassification of all water supply waters (waters
with a primary classification of WS-I, WS-II or WS-III). These
waters were reclassified to WS-I, WS-II, WS-III, WS-IV or WS-V
as defined in the revised water supply protection rules, (15A
NCAC 2B .0100, .0200 and .0300) which became effective on
August 3, 1992. In some cases, streams with primary
classifications other than WS were reclassified to a WS
classification due to their proximity and linkage to water supply
waters. In other cases, waters were reclassified from a WS
classification to an alternate appropriate primary classification
after being identified as downstream of a water supply intake or
identified as not being used for water supply purposes.
(g) The Schedule of Classifications and Water Quality
Standards for the Pasquotank River Basin was amended
effective August 1, 1998 with the revision to the primary
classification for a portion of the Pasquotank River [Index No.
30-3-(1.7)] from Class WS-IV to Class WS-V.
(h) The Schedule of Classifications and Water Quality
Standards for the Pasquotank River Basin was amended
effective August 1, 2000 with the reclassification of Lake Phelps
[Index No. 30-14-4-6-1] from Class C Sw to Class B Sw ORW.
(i) The Schedule of Classifications and Water Quality Standards
for the Pasquotank River Basin was amended effective
November 1, 2007 with the following reclassifications. The
North Carolina Division of Water Quality maintains a
Geographic Information Systems data layer of the UWLs.
(1) Phelps Lake Natural Lake Shoreline near
Phelps Lake [Index No. 30-14-4-6-1] was
reclassified to Class WL UWL as defined in
15A NCAC 02B .0101.
(2) Nags Head Woods near Buzzard Bay [Index
No. 30-21-1] was reclassified to Class WL
UWL as defined in 15A NCAC 02B .0101.
Authority G.S. 143-214.1; 143-215.1; 143-215.3(a)(1).
* * * * * * * * * * * * * * * * * * * *
Notice is hereby given in accordance with G.S. 150B-21.2 that
the Environmental Management Commission intends to adopt
the rules cited as 15A NCAC 02S .0501 - .0509, amend the rules
cited as 15A NCAC 02S .0101 - .0102, and repeal the rule cited
as 15A NCAC 02S .0401.
Proposed Effective Date: September 1, 2007
Public Hearing:
Date: May 1, 2007
Time: 6:00 p.m.
Location: Mooresville Public Library, 304 S. Main Street,
Mooresville, NC 28115
Public Hearing:
Date: May 3, 2007
Time: 6:00 p.m.
Location: Division of Waste Management Offices, 401 Oberlin
Road, Raleigh, NC 27605
Reason for Proposed Action: The Dry-Cleaning Solvent
Cleanup Act of 1997 established a funded, voluntary program to
address contamination resulting from dry-cleaning facilities,
wholesale distribution facilities and abandoned sites. Section
PROPOSED RULES
21:20 NORTH CAROLINA REGISTER APRIL 16, 2007
1819
143-215.104D of the Act states that "the Commission shall adopt
rules establishing a risk-based approach applicable to the
assessment, prioritization, and remediation of dry-cleaning
solvent contamination". The Act sets forth a number of
minimum requirements the rules shall address, for example,
criteria and methods for determining remediation requirements,
strategies for assessment and remediation, etc. The proposed
rules fully address all requirements specified in the Act. The
proposed rules are necessary to provide the Dry-Cleaning
Solvent Cleanup Act Program with a framework to establish
appropriate cleanup goals for each site, perform cost effective
remediation, and issue "no further" action status to sites while
protecting human health, safety, and the environment.
Procedure by which a person can object to the agency on a
proposed rule: Objections may be submitted, in writing to the
individual listed below. Objections may also be submitted
during the public hearings conducted on these rules. Objections
must include the specific rule citation for the objectionable rule
and the nature of the objection. Objections must include the
complete name and contact information for the individual
submitting the objection. Objections must be received by June
15, 2007.
Comments may be submitted to: Ms. Delonda Alexander,
Division of Waste Management, 401 Oberlin Road, Suite 150,
Raleigh, NC 27605, phone (919) 508-8444, fax (919) 733-4811,
email dsca@ncmail.net
Comment period ends: June 15, 2007
Procedure for Subjecting a Proposed Rule to Legislative
Review: If an objection is not resolved prior to the adoption of
the rule, a person may also submit written objections to the
Rules Review Commission. If the Rules Review Commission
receives written and signed objections in accordance with G.S.
150B-21.3(b2) from 10 or more persons clearly requesting
review by the legislature and the Rules Review Commission
approves the rule, the rule will become effective as provided in
G.S. 150B-21.3(b1). The Commission will receive written
objections until 5:00 p.m. on the day following the day the
Commission approves the rule. The Commission will receive
those objections by mail, delivery service, hand delivery, or
facsimile transmission. If you have any further questions
concerning the submission of objections to the Commission,
please call a Commission staff attorney at 919-733-2721.
Fiscal Impact:
State
Local
Substantive (>$3,000,000)
None
CHAPTER 02 - ENVIRONMENTAL MANAGEMENT
SUBCHAPTER 02S – RULES AND CRITERIA FOR THE
ADMINISTRATION OF THE DRY-CLEANING
SOLVENT CLEANUP FUND
SECTION .0100 – GENERAL CONSIDERATIONS
15A NCAC 02S .0101 GENERAL
The purpose of this Subchapter is to establish the criteria for
determining eligibility for certification into the North Carolina
Dry-Cleaning Solvent Cleanup Fund program, minimum
management practices, a risk-based approach for assessment and
remediation or certified facilities, and the criteria for the
disbursement of funds from the North Carolina Dry-Cleaning
Solvent Cleanup Fund.
Authority G.S. 143-215.104D(b); 150B-21.2.
15A NCAC 02S .0102 DEFINITIONS
(1) "Act" means the Dry-Cleaning Solvent
Cleanup Act of 1997 and any amendments
thereto.
(2) "Apparel and household fabrics" means
apparel and fabrics that have been purchased
at retail or have been purchased at wholesale
for rental at retail.
(3) "Business" means "business" as defined in
15A NCAC 13A .0104, which is hereby
incorporated by reference including
subsequent amendments and editions. A copy
may be inspected or obtained at no cost from
the Division of Waste Management, Dry-
Cleaning Solvent Cleanup Act Program, 401
Oberlin Road, Raleigh, NC.
(4) "Chemicals of concern" means the specific
compounds and their breakdown products that
are identified for evaluation in the risk-based
corrective action process. Identification can
be based on their historical and current use at
the site, detected concentrations in
environmental media and their mobility,
toxicity, and persistence in the environment.
(4)(5) "Closed container solvent transfer system"
means a device or system specifically designed
to fill a dry-cleaning machine with dry-cleaning
solvent through a mechanical valve or
sealed coupling in order to prevent spills or
other loss of solvent liquids or vapors to the
environment.
(6) "Complete exposure pathway" means an
exposure pathway where a chemical of
concern has reached a receptor.
(7) "Contaminated site" or "site" means the area
defined by the likely current and future
location of the chemicals of concern from a
facility or abandoned site. A contaminated site
could be an entire property or facility, a
defined area or portion of a facility or property
or multiple facilities or properties.
(5)(8) "Discovery Site" means the physical site or
area where dry-cleaning solvent contamination
has been discovered. A discovery site may or
PROPOSED RULES
21:20 NORTH CAROLINA REGISTER APRIL 16, 2007
1820
may not be the same property as the facility
site.
(6)(9) "Division" means the Division of Waste
Management of the Department of
Environment and Natural Resources.
(7)(10) "Dry-Cleaning Business" means a business
having engaged in dry-cleaning operations or
the operation of a wholesale distribution
facility at a facility site.
(8)(11) "Environmental media" means soil, sediment,
surface water, groundwater, air or other
physical substance.
(12) "Engineering controls" means physical
modifications to a site to reduce or eliminate
the potential for exposure to chemicals of
concern.
(13) "Exposure pathway" means the course that a
chemical of concern takes from a source area
to a receptor. An exposure pathway describes
the mechanism by which an individual or
population is exposed to a chemical of concern
originating from a site. Each exposure
pathway includes a source or release from a
source of a chemical of concern, a point of
exposure, an exposure route and the potential
receptors.
(9)(14) "Facility site" means the physical location of a
dry-cleaning facility, a wholesale distribution
facility or an abandoned site.
(15) "Hazard Index" means the sum of two or more
hazard quotients for chemicals of concern or
multiple exposure pathways to a particular
receptor.
(16) "Hazard quotient" means the ratio of level of
exposure of a chemical of concern over a
specified time period to a reference dose for
that chemical of concern derived for a similar
exposure period.
(17) "Individual excess lifetime cancer risk" means
the increase over background in an individual's
probability of getting cancer over a lifetime
due to exposure to a chemical.
(18) "Institutional controls" means nonengineered
measures, including land-use restrictions, used
to prevent unsafe exposure to contamination.
(10)(19) "Material impervious to dry-cleaning solvent"
means a material that has been demonstrated
by the manufacturer, an independent testing
laboratory such as Underwriters Laboratory, or
another organization determined by the
Division to be comparable, to maintain its
chemical and structural integrity in the
presence of the applicable dry-cleaning solvent
and prevent the movement of dry-cleaning
solvent for a period of a least 72 hours.
(20) "Monitored natural attenuation" means a
verifiable approach to the reduction in the
concentration of chemicals of concern in
environmental media due to naturally
occurring physical, chemical and biological
processes, which is based on best available
scientific information.
(21) "Non-residential land use" means a use that is
not a residential land use.
(11)(22) "Number of full time employees" means the
number of full-time equivalent employees
employed by a person who owns a dry-cleaning
facility, as calculated pursuant to 15A
NCAC 02S .0103.
(12)(23) "Person" means "person" as defined in G.S.
130A-290, which is hereby incorporated by
reference including subsequent amendments
and additions. A copy may be inspected or
obtained at no cost from the Division of Waste
Management, Dry-Cleaning Solvent Cleanup
Act Program, 401 Oberlin Road, Raleigh, NC.
(13)(24) "Petitioner" means a potentially responsible
party who submits a petition for certification
of a facility site.
(25) "Point of demonstration" means the location
selected between the source area and the
potential point of exposure where site-specific
target levels are met.
(26) "Point of exposure" means the location at
which an individual or population may come
in contact with a chemical of concern
originating from a site.
(27) "Receptor" means any human, plant, or animal
which is, or has the potential to be, adversely
affected by the release or migration of
chemicals of concern.
(28) "Reference dose" means a toxicity value for
evaluating potential non-carcinogenic effects
in humans resulting from exposure to a
chemical of concern.
(29) "Remedial action plan" means a plan that
outlines activities to be undertaken to clean up
a contaminated site and to reduce or eliminate
current or potential future exposures to
receptors.
(30) "Representative concentrations" means a
typical or average concentration to which the
receptor is exposed over the specified
exposure duration, within a specified
geographical area, and for a specific route of
exposure.
(31) "Residential land use" means use for human
habitation, including dwellings such as single
family houses and multi-family apartments,
children's homes, nursing homes, and
residential portions of government-owned
lands (local, state or federal). Because of the
similarity of exposure potential and the
sensitive nature of the potentially exposed
population, use for day care facilities,
educational facilities, hospitals, and parks
(local, state or federal) shall also be considered
residential use. Other property uses may be
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21:20 NORTH CAROLINA REGISTER APRIL 16, 2007
1821
considered residential land use due to the
exposure potential and the sensitive nature of
the potentially exposed population.
(32) "Risk-based screening level" means chemical-specific,
risk-based values for chemicals of
concern that are protective of human health for
specified exposure pathways.
(A) For known or suspected carcinogens,
except for those chemicals of concern
that have groundwater standards or
interim standards established in 15A
NCAC 02L, risk-based screening
levels are established for each
chemical of concern at exposures that
represent an individual excess
lifetime cancer risk of one in
1,000,000.
(B) For systemic toxicants, except for
those chemicals of concern that have
groundwater standards or interim
standards established in 15A NCAC
02L, risk-based screening levels are
established using a hazard quotient
for each chemical of concern of 0.2.
(C) Risk-based screening levels for
chemicals of concern in groundwater
shall be the standards and interim
standards established in 15A NCAC
02L.
(33) "Site-specific target level" means risk-based
values for chemicals of concern that are
protective of human health for specified
exposure pathways and are derived from a
consideration of site-specific information.
(A) For known or suspected carcinogens,
the sum of individual excess lifetime
cancer risk values for all chemicals of
concern for all exposure pathways
may not exceed one in 100,000.
(B) For systemic toxicants, the Hazard
Index for all chemicals of concern for
all complete exposure pathways may
not exceed 1.0.
(34) "Source" means non-aqueous phase liquid
chemical, the locations of highest soil or
ground water concentrations of the chemicals
of concern or the location releasing the
chemical of concern.
(35) "Systemic toxicant" means a substance or
agent that may enter the body and have an
adverse health effect other than causing
cancer.
(36) "Unsaturated zone" means that part of the
subsurface where interconnected voids are not
all filled with water.
(37) "Unrestricted-use standards" mean
concentrations of chemicals of concern for
each environmental medium that are
acceptable for all uses and are protective of
public health, safety, and welfare and the
environment.
Authority G.S. 143-215.104D(b); 150B-21.2.
SECTION .0400 – ASSESSMENT AGREEMENTS
15A NCAC 02S .0401 PRIORITIZATION
ASSESSMENT
(a) Upon receipt of a petition for certification that meets the
requirements of the Act and Section .0300 of this Subchapter,
the Division may enter into an agreement with one or more
potentially responsible parties that have petitioned for
certification requiring such party or parties to provide a
prioritization assessment of the dry-cleaning solvent
contamination identified in the petition. A prioritization
assessment agreement entered into pursuant to this Paragraph
shall qualify the petitioners party thereto to the liability
protections of the Act.
(b) An agreement made pursuant to Paragraph (a) of this Rule
shall provide that costs associated with the prioritization
assessment be paid by the petitioner or petitioners who are party
to the agreement, provided that costs in excess of the petitioner's
deductible and copay obligations under the Act shall be
reimbursed from the Fund in accordance with the provisions of
the Act.
Authority G.S. 143-215.104D(b); 150B-21.2.
SECTION .0500 – RISK-BASED CORRECTIVE ACTION
15A NCAC 02S .0501 PURPOSE AND APPLICABILITY
The purpose of this Section is to establish a risk-based corrective
action approach for assessment and remediation of
contamination at certified dry-cleaning facilities or abandoned
sites. This Rule applies to risk-based corrective action
undertaken pursuant to the terms of assessment and remediation
agreements between petitioners and the Division.
Authority G.S. 143-215.104D; 150B-21.2.
15A NCAC 02S .0502 ABATEMENT OF IMMINENT
HAZARD
If the Division determines that contamination or conditions at a
site constitute an imminent hazard as defined in G.S. 143-
215.104B(b)(16), the Division may require the development and
implementation of a plan to abate the imminent hazard. Actions
taken to abate the imminent hazard may include, but are not
limited to, provision of alternate sources of drinking water, soil
excavation, vapor mitigation and well abandonment.
Authority G.S. 143-215.104C; 143-215.104D; 150B-21.2.
15A NCAC 02S .0503 PRIORITIZATION OF
CERTIFIED FACILITIES AND SITES
(a) The Division shall determine the priority ranking of certified
facilities and abandoned sites for the initiation and scheduling of
assessment and remediation activities.
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1822
(b) The Division shall consider the following factors in
determining the priority ranking of a facility or site:
(1) Proximity of contamination to public and
private water supply wells and surface water;
(2) Existing or potential threat of impacts to
public and private water supply wells and
surface water;
(3) Existing or potential threat of vapors from
contamination entering buildings and other
structures;
(4) Existing or potential threat of exposure to
contaminated soils;
(5) The degree of contamination in soil,
groundwater and surface water; and
(6) Any other factor relevant to the degree of harm
or risk to public health and the environment
posed by the existence or migration of
contamination at the facility or site.
(c) The Division may determine the initial priority of facilities
and sites based on information currently available to the
Division. If information available to the Division is not
sufficient to determine the initial priority ranking of a facility or
site, the Division may require the completion of a preliminary
site assessment to identify public and private water supply wells
and surface water, potential areas of contamination and
chemicals of concern, and groundwater characteristics.
(d) The relative priority ranking of facilities and sites shall be
updated and revised to reflect changes in site conditions and
current information.
Authority G.S. 143-215.104C; 143-215.104D; 150B-21.2.
15A NCAC 02S .0504 CONTAMINATED SITE
CHARACTERIZATION
The Division shall determine the level of assessment necessary
to adequately characterize a site. An assessment conducted
pursuant to this Rule shall include:
(1) The source, types and levels of contamination
at the site;
(2) A description of immediate actions required to
abate any imminent hazard to public health,
safety, or welfare or the environment;
(3) All receptors and potential exposure pathways;
(4) The horizontal and vertical extent of soil and
groundwater contamination, and all significant
factors affecting the transport of chemicals of
concern;
(5) The geology and hydrogeology of the
contaminated site, and features influencing the
movement, chemical, and physical character of
the chemicals of concern;
(6) The current and anticipated future uses of
property and groundwater at the site.
Authority G.S. 143-215.104C; 143-215.104D; 150B-21.2.
15A NCAC 02S .0505 PRELIMINARY SOURCE
REMOVAL
The Division may authorize the performance of preliminary
source removal at a site prior to approval of a remedial action
plan if the Division determines that:
(1) The removal would eliminate or significantly
reduce a continuing source of contamination at
the site, thereby reducing the risk to public
health and the environment;
(2) Current conditions at the site allow the
removal to be conducted in a manner that will
result in cost savings to the Fund; and
(3) There is sufficient money in the Fund to pay
for the removal and funding is appropriate
based on the relative priority of the site.
Authority G.S. 143-215.104D(b)(3); 150B-21.2.
15A NCAC 02S .0506 TIERED RISK ASSESSMENT
(a) A tiered risk assessment shall be conducted to establish risk-based
screening levels or site-specific target levels for a site.
(b) A site conceptual model shall be developed including, but
not limited to, the following elements:
(1) The type and distribution of chemicals of
concern;
(2) The geology and hydrogeology;
(3) An exposure model that identifies the
receptors, including sensitive subgroups, and
the exposure pathways; and
(4) Land use classification as either residential or
non-residential.
(c) Tier 1. A Tier 1 risk assessment is based on precalculated
chemical-specific risk-based screening levels. The representative
concentrations of chemicals of concern that exist at a site shall
be compared to these risk-based screening levels for all complete
and potentially complete exposure pathways. If the
concentrations exceed the risk-based screening levels, the
Division may require remediation of the site to risk-based
screening levels or the performance of a Tier 2 risk assessment
to establish site-specific target levels. Factors considered by the
Division when determining if a Tier 2 assessment is warranted
shall include at a minimum:
(1) Whether the assumptions on which the risk-based
screening levels are based are
representative of the site-specific conditions;
(2) Whether the site-specific target levels
developed under Tier 2 are likely to be
significantly different than the risk-based
screening levels or will significantly modify
remediation activities; or
(3) Whether the cost of remediation to achieve
risk-based screening levels will likely be
greater than the cost of further tier evaluation
and subsequent remediation.
(d) Tier 2. A Tier 2 assessment shall allow consideration of
additional site-specific information in order to calculate site-specific
target levels. This additional information may include
the locations of actual points of exposure and points of
demonstration as well as site-specific geologic, hydrogeologic
and contaminant fate and transport parameters. All parameters
and procedures used during the Tier 2 risk assessment must be
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1823
approved by the Division. The representative concentrations of
chemicals of concern that exist at a site shall be compared to
these Tier 2 site-specific target levels for all complete and
potentially complete exposure pathways. If the concentrations
exceed the Tier 2 site-specific target levels, the Division may
require remediation of the site to Tier 2 site-specific target levels
or the performance of a Tier 3 risk assessment to establish
alternative site-specific target levels. Factors considered by the
Division when determining if a Tier 3 assessment is warranted
shall include at a minimum:
(1) Whether the assumptions on which the Tier 2
site-specific target levels are based are
representative of the site-specific conditions;
(2) Whether the alternative site-specific target
levels developed under Tier 3 are likely to be
significantly different than the Tier 2 site-specific
target levels or will significantly
modify remediation activities; or
(3) Whether the cost of remediation to achieve
Tier 2 site-specific target levels will likely be
greater than the cost of further tier evaluation
and subsequent remediation.
(e) Tier 3. A Tier 3 risk assessment shall allow consideration of
additional site-specific and toxicological data in order to
calculate alternative site-specific target levels. This data may
include alternative, technically defensible toxicity factors,
physical and chemical properties, site-specific exposure factors,
and alternative fate and transport models. Prior to conducting a
Tier 3 risk assessment, the Division must approve the work plan
and the use of any alternative parameters, values and models.
The representative concentrations of chemicals of concern that
exist at a site shall be compared to these Tier 3 site-specific
target levels for all complete and potentially complete exposure
pathways. If the concentrations exceed the Tier 3 site-specific
target levels, the Division shall consider the results of the Tier 2
and Tier 3 assessments to determine the site-specific target
levels.
(f) The determination of risk-based screening levels and site-specific
target levels shall be based on the following
assumptions and requirements:
(1) Concentrations of chemicals of concern in soil
shall not exceed unrestricted-use standards on
residential property. Concentrations in soil
may exceed unrestricted-use standards on
property containing both residential and non-residential