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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 PROPOSED RULES 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. PROPOSED RULES 21:20 NORTH CAROLINA REGISTER APRIL 16, 2007 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 PROPOSED RULES 21:20 NORTH CAROLINA REGISTER APRIL 16, 2007 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
Object Description
Description
Title | North Carolina register |
Date | 2007-04-16 |
Description | Volume 21, Issue 20, (April 16, 2007) |
Digital Characteristics-A | 639 KB; 52 p. |
Digital Format |
application/pdf |
Pres Local File Path-M | \Preservation_content\StatePubs\pubs_borndigital\images_master\ |
Full Text | 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 PROPOSED RULES 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. PROPOSED RULES 21:20 NORTH CAROLINA REGISTER APRIL 16, 2007 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 PROPOSED RULES 21:20 NORTH CAROLINA REGISTER APRIL 16, 2007 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 |
OCLC number | 13686205 |