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Cf" NORTH CAROLINA REGISTER VOLUME 13 • ISSUE 20 • Pages 1714 - 1765 April 15, 1999 IN THIS ISSUE Voting Rights Letter Agriculture Commer<se Environment and Natural Respurces Rules Review Commission Contested Case Decisions PUBLISHED BY <:; The Office ofAdministrative Hearings Rules Division PC Drawer 27447 Raleigh, NC 27611-7447 Telephone (919) 733-2678 Fax (919) 733-3462 RECEiVED APR 1 5 1999 KA'i i-iRiN£ R. EVERETT LAW LIBRARY This publication is printed on permanent, acid-free paper in compliance with G.S. 125-1 1. 13 For those persons tiiat have 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 ofProposed Rules, etc. Office of Administrative Hearings Rules Division Capehart-Crocker House 424 North Blount Street Raleigh, N(»th Carolina 27601-2817 #li9^J33-2678*^..^,,^ (919) 733-3462 FAX contact: Molly Masich, Director APA Services nimasich@oah.state.nc.us RiAy Creech, Publications Coordinator rcreech@oah.state.nc.us Fiscal Notes & Economic Analysis ' Office of State Budget and Management 116 West Jones Street Raleigh, North Carolina 27603-8005 contact: j^arren Plonk, Ecoik)niist III (919)733-7061 (919) 733-0640 FAX wplonk@osbm.statejic.us Rule Review and Legal Issues Rules Review Commission 1307 Glenwood Ave., Suite 159 Raleigh, North Carolina 27605 contact Joe DeLuca Jr., Staff Director Counsel Bobby Bryan, Staff Attorney (919)733-!il2T^''^"'' (919) 733-9415 FAX .>Xt«*«-»K«»««««««»Wio(»w-**«M»J«»^^ .-. Legislative Process Concerning Rule-making Joint Legislative Administrative Procedure Oversight Committee 545 Legislative Office Building 300 North Sahsbury Street (9 1 9) 733-2578 Raleigh, North Carolina 276 1 1 (9 19) 715-5J|^ M^ %'. contact: Mary Shuping, Staff Liaison nwys(^ros.ncga.state.nc:iis County and Municipality Government Questions or Notification NC Association of County Commissioners 2 1 5 North Dawson Street (9 1 9) 7 1 5-2893 Raleigh, North Carolina 27603 contact: Jim Blackburn or Rebecca Troutman NC League of Municipalities 2 1 5 North Dawson Street Raleigh, North Carolina 27603 contact: Paula Thomas (919)715-4000 This publication is printed on permanent, acid-free paper in compliance "with G.S. 125-11.13 NORTH CAROLINA REGISTER IN THIS ISSUE » I. IN ADDITION Voting Rights Letter II. III. Volume 13, Issue 20 Pages 1714 -1765 April 15, 1999 1714 RULE-MAKING PROCEEDINGS Environment and Natural Resources Environmental Management 1715- 1716 PROPOSED RULES Agriculture Consumer Services - Grant Programs 1718-1719 Food and Drug Protection 1717-1718 Markets 1718 Commerce Commerce Finance - Departmental Rules 1719 - 1727 Environment and Natural Resources Environmental Management 1727 - 1737 Health Services 1 738 - 1 739 Wildlife Resources Commission 1737 - 1738 I This issue contains documents officially filed through March 24. 1999. IV. TEMPORARY RULES Environment and Natural Resources Health Services 1740 Office of Administrative Hearings Rules Division 424 North Blount Street (27601 ) PC Drawer 27447 Raleigh. NC 2761 1-7447 (919)733-2678 FAX (919) 733-3462 Julian Mann 111. Director Camille Winston. Deputv Director Molly Masich, Director of APA Services Ruby Creech. Publications Coordinator Jean Shirle>. Editorial Assistant Linda Dupree, Editorial Assistant Jessica Flowers, Editorial Assistant V. RULES REVIEW COMMISSION 1741-1743 VI. CONTESTED CASE DECISIONS Index to ALJ Decisions 1 744 - 1 755 Text of Selected Decisions 98EHR0703 1756- 1761 98 EHR 0776 1 762 - 1 765 98 EHR 0777 1 762 - 1 765 VII. CUMULATIVE INDEX 1-84 » Sorth Carolina Register is published semi-monthK tor $1''5 per \car b\ the Office of Adminislralue Hearings. 424 North Blount Street. Raleigh. NX. 2760f (ISSN 15200604) to mail at Penodicals Rates is paid at Raleigh. NC. POSTMASTER Send .Address changes to the Sonh Carolina Register. PC Drawer 27447. Ralemh NC 27611-7447 NORTH CAROLINA ADMINISTR.4TIVE CODE CLASSIFICATION SYSTEM The North Carolina Administrative Code (NCAC) has four major subdivisions ofrules. Two ofthese, titles and chapters, are mandatory. The major subdivision ofthe NCAC is the title. Each major department in the North Carolina executive branch of government has been assigned a title number. Titles are further broken down into chapters which shall be numerical in order. The other Awo, subchapters and sections are optional subdivisions to be used by agencies when appropriate. TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE TITLE DEPARTMENT LICENSING BOARDS CHAPTER 1 Administration Acupuncture 1 2 Agriculture Architecture 2 3 Auditor Athletic Trainer Examiners 3 4 Commerce Auctioneers 4 5 Correction Barber Examiners 6 6 Council of State Certilled Public Accountant Examiners 8 7 Cultural Resources Chiropractic Examiners 10 8 Elections Employee Assistance Professionals 11 9 Goxemor General Contractors 12 10 Health and Human Services Cosmetic Art Examiners 14 11 Insurance Dental Examiners 16 12 Justice Dietetics/Nutrition 17 13 Labor Electrical Contractors 18 14A Crime Control & Public Safety Electrolvsis 19 ISA Environment and Natural Resources Foresters 20 16 Public Education Geologists 21 17 Revenue Hearing Aid Dealers and Fitters 22 18 Secretarv of State Landscape Architects 26 19A Transportation Landscape Contractors 28 20 Treasurer Marital and Famih Therapy 31 *21 Occupational Licensing Boards Medical Examiners 32 22 Administrative Procedures (Repealed) Midwifery Joint Committee 33 23 Community Colleges Mortuar) Science 34 24 Independent Agencies Nursing 36 25 State Personnel Nursing Home Administrators 37 26 Administrative Hearings Occupational Therapists 38 27 NC State Bar Opticians 40 Optometrv 42 Osteopathic Examination & Reg. (Repealed) 44 Pastoral Counselors. Fee-Based Practicing 45 Pharmacv 46 Phvsical Therapv Examiners 48 Plumbing. Heating & Fire Sprinkler Contractors 50 Podiatrv Examiners 52 Professional Counselors 53 Psvchologv Board 54 Professional Engineers & Land Surveyors 56 Real Estate Appraisal Board 57 Real Estate Commission 58 Refrigeration Examiners 60 Sanitarian Examiners 62 Social Work Certification 63 Soil Scientists 69 Speech & Language Pathologists & Audiologists 64 Substance Abuse Professionals 68 Therapeutic Recreation Certification 65 Veterinarv Medical Board 66 Note: Title 21 contains the chapters of the various occupational licensing boards. • a. 3 ^ ?, Qi 5 S^ E a. oz > E 1 ee < u ^ 3- C o o o O o O O S !J c^ ~ oc X. i' g o s 5 o O OO o 5 oc o ri § O ^ r 1 o n rt ri fN n rn a, ~ * 3 -—. ?: OS r-i m rn -* T v-i >y. ^o i: r- r< OO oc a- o^ O «t 1 = o O o O O o O O o o o o o o uH M ^^ t* *; = ^ ^ ""^ > ?1 c •— f — H ^ S r, = "^ 2^ 2; 2; 2: 2 2; 2 2 2; S 2 o- O' 2! cr CT t3- o~ o^ 2^ 2 2^'w ^ o o p O ^, O — o — ly ir. i/- >/-, <y-. ly, ly, ir~ v-~, cy, w, !/, Wi yr. tr, ly, iy\ yl ^' ir", r 11 = "^ •^- ex £ 1 o w «- . c o es » " i ^" *5 ^ ::? 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Qi i> ,'^ CO ^ -3 CA X CJ « z e/; S 3 P 3 X X -o ^^ >> X 3 ii 3 e/) 11 '^ ? ^ . II c* U. CO c -o U 3 £ C/D INADDITION This Section contains public notices that are required to he published in the Register or have been approved by tljc Codijier of Rules for publication. U.S. Department of Justice Civil Rights Division EJ:GS:KIF:cly Voting Section DJ 1 66-0 1 2-3' PO. Box 66128 99-0 1 83 Washington. D. C. 20035-6128 99-0452 99-0568 March 19, 1999 Linda A. Miles, Esq. City Attorney P.O. Box 3 136 Greensboro. NC 27402-3136 Dear Ms. Miles: This refers to the three annexations (Ordinance Nos. 98-2, 99-1 1, and 99-17) and their designation to districts of the City of Greensboro in Guilford County, North Carolina, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act, 42 U.S.C. 1973c. We received your submissions on .lanuary 27, February 19, and March 2, 1999. The Attorney General does not interpose any objection to the specified changes. However, we note that Section 5 expressly provides that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the enforcement of the changes. In addition, as authorized by Section 5. we reserve the right to reexamine these submissions if additional information that would otherwise require an objection comes to our attention during the remainder of the sixty-day review period. See the Procedures for the Administration of Section 5 (28 C.F.R. 51.41 and 51.43). Sincerely, Elizabeth Johnson Chief, Voting Section 13:20 NORTH CAROLINA REGISTER April 15,1999 1714 RULE-MAKING PROCEEDINGS A Notice oj Rule-making Pruceedings is a siatemeiu oj subject matter of the agency's proposed rule making. The agency must publish a notice ofthe subject matterfor public comment at least 60 days prior to publishing the proposed text ofa rule. Publication of a temporary- rule serves as a Notice of Rule-making Proceedings and can be found in the Register under the section heading of Temporary Rules. A Rule-making Agenda published by an agency ser\-es as Rule-making Proceedings and can be found in the Register under the section heading of Rule-making Agendas. Statutoiy reference: G.S 1 50B-2I.2. TITLE 15A - DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES CHAPTER 2 - ENVIRONMENTAL MANAGEMENT A Totice of Rule-making Proceedings is hereby given by the J. V DE.\'R-Environmental Management Commission in accordance with (J.S. 150B-21.2. The ageticy shall subsequently publish in the Resister the text of the rules it proposes to adopt as a result of this notice of rule-making proceedings and any comments received on this notice. Citation to Existing Rules Affected by this Rule-Making: I5A NCAC 2E .0102:0103. .0106-.0I07. .0201-.0202, .0205. . 050 1-. 0504. Other rules may be proposed in the course ofthe rule-making process. Authority for the rule-making: 1 43-2 1 5. h G.S 143-2 1 5. 1 1 through Statement of the Subject Matter: The Water Use Act ofl967 allows for the Environmental .Managetnent Commission to declare a capacity use area and prepare rules where aggregate water uses exceed the source's safe yield. There is evidence ofpresent and future groundwater supply shortages within the Central Coastal Plain of North Carolina. Within this l5-counry area, groundwater from the Black Creek and Upper Cape Tear aquifers is being withdrawn at a rate that exceeds the available recharge. The Central Coastal Plain Capacit}' Use .4rea rule would regulate water use through permitting. Reason for Proposed Action: There is increasing evidence ofpresent andfuture grounchiater supply shortages within the area encompassed by the following 15 North Carolina counties: Beaifort, Carteret. Craven. Duplin. Edgecombe. Greene. Jones. Lenoir Martin. Onslow. Pamlico. Pitt. Washington. Wayne and Ullson. Within these counties groundwater from the Black Creek and Upper Cape Fear aquifers is being withdrcrwn at a rate that exceeds the available recharge. To address threatened groundv.ater supplies in the region the North Carolina Division of Water Resources requests the Environmental Managetnent Commission to create a capacity use area. The Central Coastal Plain Capacit}- Use Area would regulate water use through permitting to avoid damage to the groundwater resources and to maintain those sources of water indefinitely. The proposed regulation is a major rule and would affect both state funds and local government expenditures. Water levels in the Black Creek and Upper Cape Fear aquifers hcn'e been declining since the late 1960s as documented by Division of Water Resources databases. The Division has anecdotal information from the 1920s that water flowed from artesian wells at the time they were constructed. This continued decline, from free-flowing wells to water levels as much as 195 feet below land surface, indicates that current withdrawals ofwater from these aquifers exceed the available supply that can be used on a sustainable basis. Regulating the use of water in this area fulfills the intent ofthe Water Use Act of 1967 to protect the resource and to allow water uses that can be sustained into the future. Water users in this area have overused the resoitrce since it has provided the highest quality water for their uses at the lowest costs. Growth in demand and the physical limits of the hydrogeologic system have resulted in the present situation. Demands for water exceed the safe yields of the Black Creek and Upper Cape Fear aquifers such that other sources of water must be brought on line by water supply systems. Suiface water and other aquifers will be used to meet this deficit. The cn'ailability of surface water sources in these counties is affected by Mater quality issues. Therefore, the proposed capacity use area includes regulation of both surface and groundwater withdrawals. The high yielding Castle Hayne aquifer is available in the eastern portion of the affected area. This capacity use area is proposed to include those eastern counties to control the exchange of water and promote controlled development of alternative supplies. Because the proposed capacit}' use area encompasses all areas within the exiling Capacity Use .Area No. I that require continued regulation, the existing Capacity Use .Area No. 1 declaration and Rule (15A NCAC 2E.0201. .0202. and .0205) should be repealed when this proposed rule becomes effective. The Water Use Act of 196" allows for the Environmental Management Commission to "declare and delineate from time to time, and may modify, capacity use areas of the State where it finds that the use ofgroundwater or suiface water or both require coordination and limited regulation for protection of the interests and rights of residents or property owners of such areas or of the public interest. " The Act further states that a capacity use area "is one where the Commission finds that the aggregate uses of groundwater or surface water, or both, in or affecting said area (i) hcn-e developed or threatened to develop to a degree which requires coordination and regulation, or fii) exceed or threaten to exceed, or otherwise threaten or impair the renewal or replenishment ofsuch waters or any part ofthem. " The most threatened portions of the Black Creek and Upper Cape Fear aquifers lie beneath the following fifteen North Carolina counties: Beaufort. Carteret, Crcn-en, Duplin. Edgecombe, Greene, Jones. Lenoir Martin. OnsloM: Pamlico. 1715 NORTH CAROLINA REGISTER April 15, 1999 13:20 RULE-MAKING PROCEEDINGS Pitt. Washington, Wayne and Wilson. The Division recommends water use regulation take place in these counties. The Division 's recommendation is based on the following concerns: a. Water level drawdowns. Monitoring wells specifically designed to track water levels in the Black Creek and Upper Cape Fear aquifers show water level drawdown trends ranging from declines of one to eight feet per year Those monitoring wells are distributed throughout an 8000 square mile portion of the Central Coastal Plain. b. Dewateritis. Water levels from water supply systems in several of these counties show draM'downs below the top of the aquifer by as much as 150feet. DeM'atering is known to cause irreparable harm to the aquifer 's abilin- to yield water c. Current and projected water use. Current and projected water use reported through the Local Water Supply Planning process jG.S. 143-355(1) <& (m)l plus water use by other users have been compared to the estimated safe yield from the Black Creek and Upper Cape Fear aquifers. Projections through the year 2020 indicate a growing deficit in water supply It is clear that other sources of water must be developed to make up this deficit, d. .Alternate water sources. The location and nature of alternate water supply sources for this region of North Carolina, including surface water and the Castle Hayne aquifer make solutions to this problem more complex and extend the area affected by the problem. These other sources of water are limited due to water quality concerns in the lower Neuse and Pamlico River basins and inadequate access to the Castle Hayne aquifer for many of the affected water systems. Comment Procedures: The purpose ofthis announcement is to encourage those interested in this proposal to provide written comments. It is veiy important that all interested and potential affected parties make their views known to the Environmental Management Commission whether in favor or opposed to any and all provisions of the proposal being noticed. Written comments may be submitted to Nat Wilson. DENR Division of Water Resources. PO Box 2^68^. Raleigh. NC 27611. telephone (919) 715-5445. 13:20 NORTH CAROLINA REGISTER April 15, 1999 1716 PROPOSED RULES This Section contains the text oj proposed rules. At least 60 days prior to the publication oj text, the agency published a Notice of Rule-making Proceedings. The agency must accept comments on the proposed rule for at least 30 days from the publication date, or until the public hearing, or a later date ifspecified in the notice by the agency The required comitieni period is 60 days for a rule that has a substantial economic impact of at least five million dollars ($5,000,000). Statutory ref'rence: G.S 1 50B-21.2. I TITLE 2 - DEPARTMENT OF AGRICULTURE Notice is hereby given in accordance with G.S. 150B-21.2 that the North Carolina Board of Agriculture intends to amend rule cited as 2 NCAC 9K . 02 1 4. Notice of Rule-making Proceedings was published in the Register on January 15. 1999. Proposed Effective Date: July I. 2000 Instructions on How to Demand a Public Hearing (must be requested in writing within 15 days ofnotice): Any person may request a public hearing on the proposed rule by submitting a request in writing no later than May 1. 1999, to Dcnnd S. McLeod, Secretary, North Carolina Board ofAgiculture, P. O. Box 27647, Raleigh, NC 27611. Reason for Proposed Action: Since the adoption of this Rule. Congress has pre-empted state standards of identity for food products that differ from federal standards. The portions of this Rule which establish standards of identity for lowfat and nonfat yogurt differ from federal standards and are thus pre-empted. Comment Procedures: Written comments may be submitted no later than May 17. 1999. to David S. McLeod, Secretary, North Carolina Board of Agriculture, P.O. Box 27647. Raleigh. NC 27611. Fiscal Note: This Rule does not affect the expenditures or revenues of state or local government funds. This Rule does not have a substantial economic impact of at least five million dollars (S5, 000. 000) in a 1 2-month period. CHAPTER 9 - FOOD AND DRUG PROTECTION DIVISION SUBCHAPTER 9K - SAMPLING AND TESTING OF MILK AND CREAM: FROZEN DESSERTS SECTION .0200 - FROZEN DESSERTS .0214 STANDARDS OF IDENTITY FOR FROZEN YOGURT fa) Frozen yogurt is the food which is prepared by freezing while stirring, a pasteurized mix consisting of the ingredients provided for in ice cream and which ma\ contain other safe and suitable ingredients. Ail dair> ingredients are cultured after pasteurization by one or more strains of Lactobacillus bulgaricus and Streptococcus thermophilus. provided, however, fruits, nuts, or other flavoring materials may be added before or after the mix is pasteurized or cultured. Frozen yogurt, exclusive of any flavoring, contains not less than 3.25 percent milk fat, not less than 8.25 percent milk solids not fat, except that when bulky characterizing ingredients are used the percentage of milk fat is not less than 2.5 percent. The finished frozen yogurt shall weigh not less than five pounds per gallon. The titratable acidity of frozen yogurt is not less than 0.5 percent, calculated as lactic acid, except if the frozen yogurt primary flavor is a non-fruit characterizing ingredient(s). This characteristic acidity is developed by the bacterial activity and no heat or bacteriostatic treatment, other than refrigeration, which may result in destruction or partial destruction of the organisms, shall be applied to the product after culturing. The product, when in package form, should be labeled according to applicable Sections of 2 NCAC, Chapter 9B, Subsection .0022(2) (21 CFRPart 101). (b) Frozen lowfat yogurt i s the food which i s prepared by freezing whil e stirring, a pasteurized mix consisting of th e ingredi ents provided for in ic e cream and which max contain oth er safe and suitable ingredi ents. All dairy ingredi ents are cultured—afte r paste urization—by one or more— s trains of Lactobacillus bulgaricus and—Streptococcus thermophilus, provided, however, fruits, nuts, or other flavoring material s may be added before or after the mix is pasteurized or cultured.—Frozen low fat yogurt, exclusive of any flavoring, contain s not l ess than 0.5 percent nor more than 2 percent milk fat, not l e ss than 8.25 perc ent milk solids not fat. The finish ed yogurt s hall we igh not l ess than fiv e pounds per gallon. The titratabl e acid i ty of frozen lowfat yogurt is not l ess than 0.5 percent, calculat ed as lactic acid, except if the frozen yogurt primarv flavor is a non fruit characterizing ingredi o nt( 5 ). The characteristic acidity is developed by th e bacterial activity and no h eat or bacteriostatic treatment, other than re frigeration, which may re sult in de struction or part i al destruction of th e organism s , shall be appli ed to th e product after culturing. The product, when in package form, should be label ed according to applicable sections of 2 NCAC, Chapter OB, Subsection .0022(2) (21 CFRPart 101). (-e4 Frozen nonfat yogurt is the food which is prepared by freezing whi le stirring, a past eurized mix consi sting of th e ingredi ents provided for in ic e cream and which may conta i n oth er safe and s uitabl e ingredients. All dairy ingredients are cultured aft er pasteurization by one or more strains of Lactobacillus—bulgaricus—artd — Streptococcu s — thermophilus, provided, however, fru i ts, nuts, or other flavoring material s may be added before or aft er the mix is pasteurized or cultured.—Frozen nonfat yogurt, exclusive of any flavoring. 7777 NORTH CAROLINA REGISTER April 15, 1999 13:20 PROPOSED RULES contains l ess than 0.5 percent milk fat, not less than 8 .25 pe rcent milk solid s not fat. The finished frozen yogurl shall w e igh not l es s than five pounds per gallon.—The titratable aciditv' of frozen yogurt is not less than 0.5 percent, calculat ed as lactic acid, except if the frozen nonfat yogurt primary flavor is a non fruit characterizing ingredi ent(s). This characteristic acidity is developed by th e bacterial activity and no heat or bacteriostatic treatment, other than refrigeration, which may result in destruction or partial destruction of the organism s , s hall be appli ed to th e product aft er culturing.—The product, when—in package form, should be — labeled according to applicable section s of Chapter 9B. Subsection .0022(2) (21 CFRPart 101). Authority G.S. 106-128: 106-253: 106-267. it'k'k-k'kitit'k'k'k-k'k'k'k'k'k-k'k'k'k Notice is hereby given in accordance with G.S. 150B-21.2 that the North Carolina Board of Agriculture intends to amend rule cited as 2 NCAC 43L .0309. Notice of Rule-making Proceedings Mas published in the Register on January 15. 1999. Proposed Effective Date: July 1. 2000 Instructions on How to Demand a Public Hearing (must be requested in writing within 15 days ofriotice): Any person may request a public hearing on the proposed rule by suhtnitting a request in writing no later than May 1. 1999, to David S. McLeod. Secretary. North Carolina Board ofAgiculture. P.O. Box 27647. Raleigh. NC 27611. Reason for Proposed Action: To provide additional revenues to meet increased operating expenses of Mountain State Fair Comment Procedures: Written comments men- be submitted no later than May 17, 1999, to Dm'id S. McLeod, Secretary. North Carolina Board of Agriculture. P.O. Box 2'647. Raleigh. NC 27611. Fiscal Note: This Rule does not affect the expenditures or revenues of state or local government funds. This Rule does not have a substantial economic impact ofat leastfive million dollars (S5. 000.000) in a 12-month period Agricultural Center grounds during the North Carolina Mountain State Fair must pay the established admission fee, except persons holding worker's permits. One-time-only admissions will be issued to those persons who are employed by the fair or are asked to appear on the grounds by the fair management for a specific purpose relative to the operation of the fair. (b) The gates of the Western North Carolina Agricultural Center will open one hour prior to fair time and close one hour after closing of the fair midway each day of the fair. Opening of the fair midway and exhibit building may vary each day of the fair. (c) The Western North Carolina Agricultural Center Manager may operate a pass-out system at one or more of the outside gates during the fair. Persons exiting through these gates may, upon request, have their hand or vehicle stamped for readmittance through the same gate without additional charge. Readmittance must occur before 10:00 p.m. on the same day as pass-out or the hand stamp will not be honored. (d) Outside gate admission prices are as follows: ( 1 ) adult/child, 1 3 years of age and over $4:OO$5.00 (2) child, 6 through 12 years of age 2.00 (3) child, under 6 years of age Free (4) senior citizen (age 65 and over) 2.00 (e) Outside gate admission prices for advance ticket sales are as follows: (1 adult/child. 13 years of age and over $3^3#$4.00 (2) child. 6 through 12 years of age 1.50 (3) child, under 6 years of age Free (4) adult group sales purchasing a minimum of 40 tickets J^OO3.50 (5) senior citizen (age 65 and over) 1.50 (0 The Western North Carolina Agricultural Center Manager may offer to exhibitors and concessionaires during the North Carolina Mountain State Fair a reduced rate for gate admission. If offered, such discount tickets ma\ be purchased from the administration office. Each discount ticket shall allow one admission during each day of the fair. These cards shall be non-refundable, whether used or not. and shall be used only by persons involved w ith concessions or exhibits, and not for general admission. The purchaser of said tickets shall furnish to the Western North Carolina Agricultural Center Manager a list of names to whom ticket will be issued. Authority' G.S. 106-530: 106-6.1. CHAPTER 43 - MARKETS SUBCHAPTER 43L - MARKETS SECTION .0300 - FEES: WESTERN NORTH CAROLINA HORSE AND LIVESTOCK FACILITY FEE SCHEDULE .0309 ADMISSION REGULATIONS (a) All persons entering the Western North Carolina Notice is hereby given in accordance with G.S. 150B-21.2 that the North Carolina Department of .Agriculture and Consumer Sen-ices intends to adopt rides cited as 2 NCAC 54 .0101 - .0105. Notice of Rule-making Proceedings was published in the Register on January 15. 1999. Proposed Effective Date: .July 1. 2000 Instructions on How to Demand a Public Hearing (must be 13:20 NORTH CAROLINA REGISTER April 15, 1999 171H PROPOSED RULES requested in wriling within 15 days ofnotice): Any person may request a public hearing on the proposed rules by submitting a request in writing no later than May 1, 1999. to David S. McLeod, A PA Coordinator, North Carolina Department of Agriculture and Consumer Services. Legal Affairs Office. P. O. Box 27647. Raleigh. NC 27611. Reason for Proposed Action: Session Law 1998-212. Section 13 5 created a grant program for purchase of animal waste management equipment by family-owned dairies. The legislation requires the Department of Agriculture and Consumer Services to adopt rules establishing guidelines for disbursing the funds. Comment Procedures: Written comments may be submitted no later than May H. 1999. to David S. McLeod, A PA Coordinator North Carolina Department of Agriculture and Consumer Ser\'ices. Legal Affairs Office. P.O. Box 27647. Raleigh. NC 27611. Fiscal Note: These Rules do not affect the expenditures or revenues of state or local government funds. These Rules do not have a substantial economic impact of at least five million dollars (S5.000.000l in a 12-month period CHAPTER 54 - GRANT PROGRAMS SECTION .0100 - WASTE MANAGEMENT EQUIPMENT GRANTS FOR DAIRIES .0101 PURPOSE The purpose of this Chapter js to estabhsh guidelines for disbursing grants to famiiv-owned dairy farms for the purchase of animal waste management equipment, pursuant to Section 13.5 of Session Law 1998-212. Authority: SL 1998-212. s. 13.5. .0102 DEFINITIONS As used in this Chapter. (a) "Dairy cow" means a cow that js being used for milk production: (b) "Family-owned dairy farm" means a dairy farm that is owned or leased by one or more individuals who are actively invoked in tfie operation of the farm, or a dairy farm owned by a business entity which is controlled by such individuals. .Authority: SL 1998-212. s. 13.5. .0103 ELIGIBILITY Family-owned dairy farms which uere in operation prior to January f, 1998. and which have fewer than 300 dairy cows are eligible to apply for grants under this program. Authority: S. L 1998-212. s. 13.5. .0104 USE OF GRANTS Grants shall be used for the purchase of equipment that is a component of an animal waste management system and that is used solely for transporting, storing, or distributing animal waste. This equipment shall be limited to: pumps, spraying equipment, scrape blades, box blades, storage equipment, and any transport equipment, including tanks, spreaders, and applicators. Grants shall not be used to enlarge or maintain anaerobic lagoons. Grants shall not be used to purchase equipment in connection with the Agricultural Cost-Share Program administered by the Soil and Water Conservation Commission pursuant to G.S. 143-215.74. or in connection with any other government program. .Authority-: S L 1998-212. s. 13.5. .0105 AVAILABILITY AND AMOUNT OF GRANTS Availabilirv of grants is subject to appropriation of funds by the General Assembly. The amount of individual grants will be determined by the Commissioner of Agriculture based upon availability of funds, number of applications, and other factors necessary to ensure that funds are distributed in a fair and equitable manner. Authority S L 1998-212. s. 13.5. TITLE 4 - DEPARTMENT OF COMMERCE Notice is hereby given in accordance with G.S 150B-21.2 that the Commerce Finance Center intends to adopt the rule cited as 4 NCAC II .0801. amend the rules cited as 4 NCAC 11.0 101 -.01 02. .0201 -.0202. .0301 -.0302. .0402-.0404, .050I-.0503. .0-01 and repeal the rules cited as 4 NCAC 11 .0303-.0304. .0401. .0405. .0601. Notice of Rule-making Proceedings was published in the Register on February 1. 1999. Proposed Effective Date: .August 1. 2000 A Public Hearing will be conducted at 10:00 a.tn. on Ma}- 5. 1999 at the Education Building, Conference Room (#536), 5"' Floor 301 N. Wilmington. Street. Raleigh. NC. Reason for Proposed Action: For the Industrial Development Fund, rule changes arise from recent additions or changes to the William S. Lee .Act: increase in IDFfunding, the allowance of2% of the funds for grant administration, the addition of Tier Area designations, local government matching requirements specified, editorial changes needed to effect efficient administration ofthe program. Comment Procedures: Comments may be submitted through May 17, 1999 to the North Carolina Department of Commerce, Commerce Finance Center 301 N. Wilmington Street, PO Box 29571, Raleigh, North Carolina 27626-0571, and the contact person is Charles Johnson. 1719 NORTH CAROLINA REGISTER April 15, 1999 13:20 PROPOSED RULES Fiscal Note: These Rules. 4 NCAC II .0101. .0202. .0302. .0402. .0501 -.0505. do affect the expenditures or revenues of local government funds and the expenditure or distribution of State funds subject to the Executive Budget Act. .Article I of Chapter 143. These Rules do not have a substantial economic impact of at least five million dollars ($5,000,000) in a 12- month period. Fiscal Note: These Rules. 4 NC.4C II .0102. .0201. .0301. .0303-.0304. .0401. .0403-.0405. .0601. .0701. .0801. do not affect the expenditure or distribution of State funds subject to the Executive Budget Act. Article I of Chapter 143. These Rules do not have a substantial economic impact of at least five million dollars (S5.000.000) in a 1 2-month period. CHAPTER 1 - DEPARTMENTAL RULES tbj EMERGENCY ECONOMIC DEVELOPMENT SUBCHAPTER 11 INDUSTRIAL DEVELOPMENT FUND SECTION .0100 - PURPOSE AND DEFINITIONS .0101 BACKGROUND AND OBJECTIVES (a) BASIC — The purpose of the North Carolina Industrial Development Fund (al so to be known as the Industrial Building and Renovation Fund) is to assist local town , cit} or counts' governments with incentive industrial financing l ocated in the mos t economically depres sed counti es in th e stat e, in areas ot" the state that have been designated as eligible tier areas by NC General Statutes. This assistance will be is intended to help those units of governme nt create new jobs by providing financing for th e renovation or improvement and expansion of manufacturing or industrial buildings so a s to induce "private profit making " entities to occupy, by lease or purchase.—and—te — operate — manufacturing—or — industrial bus inesses , units of government offer to jts new and expanding industry, new or improved infrastructure, or funds for building renovation and equipment jn exchange for commitments to create new, full-time jobs in industries currently eligible under NC General Statutes. (The fund is not designed to be used for the acquisition of land and buildings or constructing new buildings.) If the assistance js used for infrastructure, it shall be granted to local governments with no repayment: however. if it is used to purchase equipment or to renovate industrial buildings, then the funds must be repaid. But whether a grant or a loan, the amount of funds to be made available for a project shall be determined by tlie number of new jobs committed, with a maximum job limit and project limit as currently authorized for the program by NC General Statutes. fb) — The obj ectiv e of thi s program will be to provide now full time jobs for North Carolina citizens . The Department will necessarily detennine that th e renovations and improvements are a neces sary part of the private finns deci s ion to provide th e new jobs, if it is det ermined that the private finn would have (or has already begun to) spend privat e money to make th ese renovat i ons and create these jobs, no funds from this program will be expended. ASSISTANCE—This special assistance from the Industrial Development Fund, which is used at the discretion of the Secretary, is available to units ot" government that have, or shall imminently experience, a loss of 500 or more manufacturing jobs in the county, or a number of manufacturing jobs equal to at least ten percent of the manufacturing workforce in tlie county. Where a unit of government relies on tlie 500 jobs loss as the threshold for obtaining this special assistance, it must submit convincing evidence that the loss seriously impacts the counr^'s economy, taking into account the county's tier ranking under .0701 of this Subchapter. The funding obtainable under this emergency assistance category shall not necessarily be determined bv the number of new jobs to be created, although the project should lead to new jobs, or save jobs, or both, and help alleviate a jobs dislocation problem. The Secretary shall detennine the amount of funds for a project, ug to tlie maximum currently authorized for the program by NC General Statutes. This assistance shall be jn thie form of a low interest loan to the governmental unit, amortized over five years with repayment beginning at the end of the second year. (cj UTILITY ACCOUNT — Within the IDF structure, the Utility Account provides financing to units of government for jobs creation and investment jn tlie tier area(s). and for benefiting firms currently authorized bv NC General Statutes. Funds may be used for construction or improvements to water, sewer, gas, or electrical utilit> lines and equipment for existing or proposed industrial buildings. There is no specific amount of funding specified for each new job or project, but the impact of tlie funding should lead to tlie creation of new jobs and new investment. As with basic IDF financing, if Utility Account funds are spent for public property, the assistance shall be a grant; for private property, it shall be a loan. (dj CLEAN WATER BONDS PROCEEDS - Clean Water bonds proceeds from the IDF shall be used to make grants to local government units to gay tlie cost of clean water projects for economic development with regard to tfie locating of industry to. and the expansion of' industry in tfie State. These funds shall be administered in tfie manner permitted in the Basic IDF and tfie Utility Account except the following limitations shall apply: ( 1) The funds shall be used for grants: not loans. (2) Grants shall be made only for projects that will have a favorable impact on tjie clean water objectives of the State. (3) Projects shall be located jn economically distressed counties or those that have a population of less than 50.000 determined from the data derived at tfie time of the last December ranking of economically distressed counties. (4) Grants may be made only with respect to the industries specified by tjie Clean Water and Natural Gas Critical Needs Bond Act of 1 998 as amended. (5) The water or sewer utility lines or facilities for which bond funds are disbursed shall not necessarily be located on tlie sjte of a building or proposed building at yvhich an industrial activity occurs if the 13:20 NORTH CAROLINA REGISTER April 15, 1999 1720 PROPOSED RULES utility lines or facilities will further the clean water objectives of the State. to ail parts of the Industrial Authority G.S. 143-437.01. .0102 DEFINITIONS These definitions apply Development Fund including the Basic Emergency Economic Development Assistance, Utility Account and Clean Water Bonds for Economic Development: (a) "Department" means the Department of Economic and Community' Deve lopm ent, or its Secretary. (1) "Department" means the North Carolina Department of Commerce, or its Secretary. f^ "Act" means Section 1 1 1 Part XXll of th e consolidated budget act codifi ed as Chapter 830 of the 1987 Sess ion Laws and amended bv G.S. 143B '137A. 1Q80. G.S. 105-129.3. (6) "Unit of Government" means a town, city or county of the state. (7) "Full-time Job" means a job that requires at least 1 600 hours of work in a year. (8) "Infrastructure" means utilities, typically referred to as "public utilities." or a rai] spur where there is public ownership of the rail property. (9) "Grant" means money given to a unit of government to gay for an economic development project and does not have to be repaid, if the terms of the grant are fulfilled, i.e. the jobs commitment is met. (10) "Loan" means money loaned to a unit of government to pay for an economic development project, to be repaid bv the borrower based on an amortization schedule approved by the Department. fg) "Proj ect" means one or more activiti e s proposed for (e) "Applicant" means a unit of city government located in a funding, or for partial funding, under this Rule . Such a proj ect will be described—in a narrativ e and accompani ed by a preliminary set of drawings which set out the exact factual situation and a detailed schedule of costs from a contractor or engineer. The schedul e must constitute an ability to compl et e {4^ "Industrial Development Fund" mean s th e appropriation such proj ect with no more than a ten percent contingency. All of monies given to the Department for these purpose s. This such proj ect material will provide evaluations of potential for fund will also be known as and re fe rred to as th e Industrial unusual s ite characteristics which might i nfluence con struction qualifi ed county or a unit of county government which meets the de finition of a qualified county. (2) "Applicant" means a North Carolina unit of government that applies for IDF funds. Building Renovation and Improvement Fund. (3) "Industrial Development Fund" as referenced m G.S. 143B-437.01 means the fund within the Department's fiscal structure jn which the appropriation of monies for industrial development projects is received and disbursed. (4) "IDF" means the Industrial Development Fund. (e) "Qualifi ed County"—means one of th e 50 most economically depressed counti es in th e stat e . The Secretary of th e Department shall det ermine which counti es are th e most economically depressed counti es in the state based on: rate of unemployment, per capita income, and re lative population and work force growth or lack of growth, as determin ed by the Secretary. The figures used in making this comparison and the de lineation of "most" and "l east" will be th e latest available per capita incom e figures by county, as documented in a publi shed form by any Stat e or Federal Agency generally recognized as having experti se and—creditability in these fi eld s . ff) "Emergency Ass i stance Qualified Counts" mean s any count^' which is facing the threat of. or which i s experiencing a major economic dislocation. A major economic dislocation would mean the actual or imminent los s of manufacturing jobs caused by one or more plant clo s ing(s) or one or more announced plant layoff(s) which affect: fH at lea s t 500 jobs: or {¥> a number of jobs which is equal to or exceeds ten percent of the exi sting manufacturing work forc e . In the case of Subparagraph (f)(2) of th e Ru le , the numbe r of jobs impacted mus t exceed 50. (5) "Eligible tier areas" means the aggregation of North Carolina counties into groups m uhich certain economic benefits apply, as currently authorized by or operating costs. In each case, the proj ect description will document th e direct relationship between the proj ect and th e jobs created. (11) "Project" means an activity proposed for IDF funding, h shall be described narratively jn an application and accompanied by a preliminary set of drawings, or sketches. _or other data that present the project in factual detail, together with a schedule or itemization of costs from an engineer or contractor. The schedule of costs shall constitute the ability to complete a project with no more than a K) percent contingency. {i) Proj ect expenditures for existing buildings may include : (12) Project expenditures may include: (a) For basic IDF — (i) the construction of. or improvements to existing water, sewer, gas or electrical utility systems, distribution lines, or required storage facilities, or a raji spur when either is publicly ovsned and operated, and or: (ii) the renovation of buildings to include including structural repairs, structura l improvements—sueh—as roof repair, repairs, addition of docks, er—the erection of walls, or special structural supports to support cranes for heavy equipment, electrical upgrades, or HVAC upgrades; (iii) improvements to th e building that are necessary to make the a building suitable for the occupancy of th e building by the — occupant—awd the 1721 NORTH CAROLINA REGISTER April IS, 1999 13:20 PROPOSED RULES operator of the project. Such improvements may include mechanical equipment such as heating er and air conditioning equipment, plumbing, pipes or trenching to handle effluents or process water, special electrical additions necessary for ovens, furnaces or other processors and lighting. If a renovation—er an improvement is critical to the operation of a particular manufacturing or industrial businesses business, or. if such improvements are or is critical to the decision making process pertinent to the creation of suehjobs. the actual improvement need not be located on the site of the industrial main project building. If, however, a grant of funds js involved, the improvement must be constructed on public right-of-ways or on property which the unit of eovemmeni has an easement to treat as U normally would do as if it oowwnneedd the property. However. when extending infrastructure to a flnn. IDF assistance ends at the private property line. SttH In either situation , the application must document the exact relationship ef between the jobs and the project. An example of a fundable project would be the case where a the unit of government must construct an elevated water tank and service water lines to provide water to a building so as to provide sprinkler water to a building where such service is directly required to operate the an industrial er manufacturing business. An example of an unfundable project would be where a unit of government seeks to expand or to repair its water utility (or other infrastructure) system and where the relationship to the creation of jobs is fairly general or indirect vague. The project wtH shall be described m from the perspective of employment to be created in the and its impact area of to the project. Direct and indirect jobs wtW—be — treated—separateK—m—the di scuss ion. The operator of the proj ect will provide detail s as to the nature of direct jobs creat ed, including the s ki l ls required, work conditions, wages paid and seasonal influences on the number of work days per year. fD) the installat i on ef—e>r purchase ef manufacturing equipment er proce ss production s equipment. (iv) the purchase and installation of equipment that is associated with the industrial classification of the project. (34 In the case of counties designated as "severely depressed".—proj ect— e xpenditures — meff—include con struction of or improvement to new or existing water, sewer, gas. or e l ectrical utility distribution lin es—or equipment to—serve new—or proposed industria l buildings to be used for manufacturing and industrial operations. Such infrastructure shall be located on the site of th e bui l ding or directly related to the specific manufacturing activity. (b) For Emergency Economic Development Assistance—Loans to local units of government for economic development projects designed to create jobs, lead to the creation of jobs, or save jobs, and to assist m alleviating the economic dislocation created by the loss of jobs. (c) For the Utility Account — li) the construction of. or improvements to water, sewer, gas or electrical utility systems, distribution lines, or required storage facilities, or a rail spur or rail line when either js publicly owned and operated, and or: (ii) equipment for existing or proposed industrial buildings for operations m the industrial classifications that are currently eligible to receive Utility Account funding within the tier area. (e) "Renovation" shall have the same meaning as proj ect, as described in Paragraph (g) of this Rule. {f) "S ecretary " means th e Secretary of the Department, or his designee. (g) "State" means the State of North Carolina. (d) For Clean Water Bonds (i) the construction of or improvements to new or existing water or sewer distribution lines or equipment, the construction or improvements to new or existing wastewater treatment facilities, or improvements that will expand the capacity of existing wastewater treatment facilities or water supply systems. "State" means the State of North Carolina. (ii) (iii) (13) fk) "Severely Depressed" counties means those counti es so designated under G.S. 105 130.10(c) or G.S. 105 l51.17(c)or unit s of governments within those counti es. ( 14) "Application" means the pages of documents [n which an applicant for IDF funds identifies itself describes a project, specifies the funds required, provides a breakdown of project costs, and submits the benefiting firm's commitment to create jobs and evidence of its credit worthiness. (15) "Local Matching Funds" means funds of a unit of" 13:20 NORTH CAROLINA REGISTER April 15, 1999 1722 PROPOSED RULES government contributed to an economic development project for the purpose of assisting in a total financing package and earning (or winning) other funds bv doing so. Matching js usually expressed as a ratio, i.e. one local dollar for three state dollars, or one for three. (16) "Local Matching Requirement." The Department requires local matching in grant projects except for Emergency Economic Development Assistance projects and those located in a tier area that has been exempted from matching by NC General Statutes. The required rate shall be one for three, or one local dollar for each three state dollars. (17) "Participation Loan" means a loan between at least three parties, to wit: A bank or financial institution. the private firm, and the unit of government. The essence of a participation loan js that the bank, or financial institution, and the unit of government shall share at least equally in the lending arrangements, meaning the money loaned and the risk involved and collateral shared. (18) "Borrower" means the private firm identified in a participation loan for building improvement or equipment in ttie basic IDF, or thie unit of government when the money is spent for emergency economic dislocation assistance or when the money is reloaned in a utility account project. AdditionalK. the unit of government shall be the borrower when IDF is used to assist local matching, or rn other cases when the Department believes the project can be more prudently structured as a loan rather than a grant. (19) "Preapplication Conference" means a meeting held at thie Department to discuss a proposed IDF application and includes: a representative of Commerce Finance Center; the applicant; an official of the benefiting firm; and a banker, if a participation loan is involved. A preapplication conference may be waived when the total IDF expenditures are expected to be fifty thousand dollars (S50.000.00> or less. (20)fH "Clean Water Objectives of the State" include: moans providing cl ean water in North Carolina by: Reducing the reliance on wells, septic tanks and similar facilities; Allowing residences, businesses, or local governments not otherwise served bs water or sewer or wastewater infrastructure to connect into a distribution line or system (for water supply, sewer, or wastewater) being furnished in an economic development project for new or expanding industry. Authority G.S. 105-129.3. N3B-I37.0I. SECTION .0200 - GENERAL REQUIREMENTS .0201 DATE OF RECEIPT OF APPLICATIONS The Department of Commerc e will shall receive applications after November 15, 1987 on a first-come, first-serve basis. An application Applications w+H shall be assigned a processing ease number when that application it is received and is judged to be sufficiently complete for consideration. Where When possible, applications will shall be processed in the order of the processing numbers assigned. Authority G.S. 143B-43'7.01. .0202 APPLICATION CATEGORIES AND REQUIREMENTS fa) Applicants can apply for funding under different grant categori es, including the categori es of (44 utility improvements or additions owned by public bodi e s; (5) utility improvements or additions owned by private entiti es ; (44 industrial facilities ovNTied by public bodies but being l ea sed or being improved for immediate or de layed sale to private operators, or to private "arms length" landlords ; (4) industrial and manufacturing faciliti es owned by privat e "non profit" entiti e s such as "Community Developm ent Corporation s " or Committees of 100" funded andor endorsed by th e elect ed l eadership of the unit of Government; and (4) industrial and manufacturing facilities owned by "for profit" entiti es to be improved by funds loaned to the private "profit making" entity by a unit of city or county government . (a) Applicants ean ma\ appK for funding under different categories, including: the following categories: ID Basic IDF; (2) EmergencN' Economic Development Assistance; (3) The Utiliu Account; (4) Clean Water Bonds Proceeds. (b) There is no set minimum grant amount of funding which applicants may request er to be awarded. If there are practical difficulties about a small amount or cost disadvantages, these \Nill be discussed with the applicant in a preapplication conference. Grant IDF awards shall not exceed the total amount specifi ed appropriated by the General Assembly in its appropriation process. Chapter 8 30 of the 1987 Session Laws, in Section 111, Paragraph (2), limit ed th e maximum grant to a sum not to exceed th e lesser amount the two hundred fifty thousand dollars (S250,000). or a total of twelve hundred dollars (SI.200) for each job created. For basic IDF. Emergency Economic Development Assistance, and Clean Water Bonds Proceeds, per job or per project maximum funding limitation will l^e thie amounts established under current law. There js no maximum set for Utility Account funding; but the amount ot' awards will be determined by the Secretar\. For th e purpose of thi s S e ction basic IDF. the per job limitation shall be imposed applied on the basis of requiring a commitment from the occupying industrial or manufacturing firm operator of tlie business as to the number of jobs it will create that shall be created over a reasonable 1723 NORTH CAROLINA REGISTER April!5, 1999 13:20 PROPOSED RULES period of time, not to exceed three years. The number of jobs created will include only those peopl e directly employed i n permanent or seasonal jobs by the operator who occupies th e facility; indirect and temporary jobs will not be included. Those will be permanent, full-time jobs; no temporary or contract jobs. (c) When a proj ect renovation or improvement i s to be accomplished to a building or on a site owned by a private entity, wheth er th e private entity is conducted on a "for profit" or on a "not for profit" basis, th e proj ect will be financed by a loan to that private entity. This loan vs il l be made to the private entity by the local unit of government with funds made avai labl e from this program. In each case, the local unit of government will—establish—its own—authority' to—do that financing. The applicant will require and provide to th e Department of Commerce sati s factory documentation that all costs are reasonable and that all funds are to be expended with regard to th e conflict of interest statutes regulating bus iness transactions between government officials and othe r involved parti es.—The — applicant—wtW — propose—a—pten — of proj ect administration which k satisfactory for th e Department of Commerce. (d) All funds expended which directly ass ist participating privat e entities mus t be repaid to grant recipients and then returned to th e Department of Commerce as such repayments are rece ived. Such repaid funds will not be returned to the General Fund, but set as id e to fund new proj ects approved under this Subchapter. Generally, proj ect grants cla s sifi ed under Ru le .0202 (a) (I) will not be repaid. Repayment for proj ect s — otherwise — classifi ed—may—be — giv en—subord i nate collat e ral positions, int erest costs which are at l ess than market rat es, or amortization which de fers cash flow, in so long as requests are documented as necessary to th e creation of jobs and th e success of the proj ect. ( e ) A proj ect will be subject to review b> the Department of Commerc e at any time during the first three years after the proj ect begins. For a proj ect clas sified under Rul e .0202 (a) (2) (3) ( 4 ) and (5) of this Rul e , any repayment balance that it owes Authoril}' G.S. 143B-437.01. this means that if the bank takes a certain collateral position, the unit of government shall share m that position. If either an out-of-state bank or a financial institution other than a bank js used in a participation loan, that must be approved by the Department. (e) IDF funds may be provided to a unit of government to meet matching funds requirements. In this case the Department shall furnish a loan repayment schedule to the mayor, city manager or county manager, which, m addition to the award letter and application, will establish the responsibility for repayment, and times and amounts of repayment. (f) Loans for Emergency Economic Development projects shall be accomplished as in Paragraph (d) of this Rule. (g) Loans for Utility Account projects will be accomplished as in Paragraph (d) of this Rule. (h) With either grants or loans, the Department shall require financial information from the project owner or operator to establish financial capability. The usual requirement will be the preceding three years' financial and operating statements; for new businesses, at least three years pro forma statements and a business plan. In any case, the Department may use credit reports, bank information, or other data that it deems appropriate to establish the credit worthiness of the borrower. tij A project will be subject to review by the Department at any time during the first three years after the project begins. y ) The Department may require a unit of" government to partially or fully accelerate loan repayments if the operator's business has closed, moved, or if thie company has not made reasonable progress toward its jobs creation commitment. The Department may require repayment of a grant, partially or fully, if thie operating company has moved, closed, or hias not made satisfactory progress towards its jobs creation commitment; and, in tfie case of Emergency Economic Development Assistance or the Utilits' Account, if funds are not spent in the manner for which they were approved. the— l ocal unit of government may be partii -ftiHy acce l erat ed if the bus ines s has closed, or if the operating company has not made reasonable progres s towards its jobs creation goal. (c) The Department may authorize a local unit of government that receives IDF funds to use up to two percent of the funds to verify that expenditures are made fn accordance with the law and rules and to otherwise administer the IDF project. (d) Under basic IDF, improvements to building properties and equipment purchases (either of which becomes private property) shall be loan projects and will be accomplished with participation loans. The three parties to a participation loan shall be: the borrower's North Carolina bank, the borrower, and the unit of government. The bank and the unit of government (using I DF funds) shall be at least equal participants, sharing equally jn the funds provided and in the risk and collateral involved. The bank, however, rnay supply more money than just matching IDF; in thus case, the bank's pro rata share is larger. Also, in tlie matter of sharing equally. SECTION .0300 - SELECTION PROCESS .0301 REVIEW OF APPLICATIONS AND FUNDING (a) Applications w+H shall be submitted in a manner prescribed by the Department. Selection of applications for funding wtH shall be based primarily on information contained in the application. Thusly the application application, yvhich must provide sufficient information so as to allow the Department to rate it against the se l ection approval criteria. When an application is deemed complete, it w4H shall be assigned a processing ease number. (b) Applications for funding of Emergency As si stance proj ects may be submitted directly to the Secretar> of the Department. They may also be submitted to the Department's Commerce Finance Center. Room 2171. Dobbs Building. 430 N. Sali sbury Street. Post Office Box 29571. 301 North Wilmington Street. Raleigh. North Carolina 2761 1. 27626- 0571. The Department will maintain a pol i cy that appl i cation s Applications shall be approved or denied by the last day of the 13:20 NORTH CAROLINA REGISTER April 15, 1999 1724 PROPOSED RULES calendar month following assignment of a processing ease number as set out in Rule .0201(a). number. When possible, applications wiH shall be processed in the order that ease processing numbers are assigned. Authorit}' G.S. 143B-437.0I. .0302 ELIGIBILITY REQUIREMENTS Applications wtW shall show that: (1) (2) (3) (4) (5) 16] m 18] That this funding is a vital part of the proposal to create the jobs set out and that the jobs wtH shall not be created if the project goes unfunded, and That the project is completely funded or financed, except for the particular funds sought in the application, and The the involvement of the local unit of government is formally authorized by its elected board under specific resolution and by specific State Statute, and The the participating private entity m«st provide provides a 4etter statement of commitment relating to the project. That l etter commitment wtW shall state that the project is to be carried out as described in the application, with specificity as to time schedules and to the parties involved, involved, and the expenditure of private money on the project has not begun, and the project has not yet begun, i.e. money spent on the project, or public announcements made that the benefiting firm plans to do the project before the Department has been requested to participate with IDF. For Emergency Economic Development Assistance Projects, there exists an emergenc\ in the economy large enough to be considered an economic dislocation as set out m OS, 143B-437.01 (a)(la). and The project for which funding js sought might help to alleviate the economic emergency described m Subparagraph (7) of this Rule. Authority G.S. 143B-43'.0I. .0303 REVIEW: APP/FUNDING/EMGCY ASST PROJ DEFINED/RULE .0102(h) Rule .0102(h) will show that: {M the economic emergency exists, or is imminent, and (2j the — proj ect will, or will tend to. alleviate the especially s evere economic emergency caused by the described economic dislocation. Authority Section LX of Chapter 754, 1989 S.L SECTION .0400 - APPROVAL CRITERIA .0401 GENERAL In order for th e Department to approve a proj ect, or an "Emergency Ass istonce proj ect", the Secretary is required to make — certain—findings — necessary—te — document—that—(he Department i s conducting the duti es specifical l y given to it in Chapter 830 of the 19 8 7 Session Laws, those duti es expressed m—oth er General—Statut e s, and in—Rul e .0^102 of these procedures, in a responsibl e and prudent manner. Authority Section 111 of Part XXII Chapter 830. 1987 Session La\ss: Section LX ofChapter 754. 1989 S.L. .0402 REQUIRED FINDINGS (a) Before the Department ean shall begin to make the approval as specified in G.S. Chapter 830. approve a project, a finding must be made that the project: (1 ) Will w+h shall assist a unit of Government in one of the most economically depressed counti es eligible tier areas of the State State: as measured by median per capita income , and (2) The the funds wih shall be used for renovation of buildings buildings or infrastructure or equipment te be used in manufacturing and industrial operations currently e ligibl e under NC General Statutes by firms that have industry classifications currently eligible for tax incentives under G.S. 105-129.4. (b) The secretary Department wih shall document, document a finding based on data provided to him either in the application or by staff research, that the jobs to be created by this a proj ect project, over no more than a three year period, w+tt shall be large enough in number to have a measurable favorable impact on the area immediately surrounding the project and wih shall be commensurate with the size and cost of the grant to the project. The Departm ent will use as a Applications for funding for proj ects defined in Rule .0102 guide lin e , a standard of requiring one job saved or generated (h) will show that: f-H There exi sts an emergency in th e economy large enough to be considered an economic dislocation as set out in G.S. 113B 4 37(d) and. (3-) That th e proj ect for which funding is sought might he lp to alleviat e the economic emergency described in Subparagraph (1) of this Rul e. Authority Chapter 754. 1989 SL .0304 ELIGIBILITY REQ/EMGY ASST PROJ DEFINED/RULE .0102(h) Application for Emergency Assistance proj ect s defin ed in for each one thousand two hundred dollars (SI.200) in grant financing. The applicant has the burden of demonstrating that the jobs wtH shall have a measurable impact on the county. The applicant must show by clear and convincing evidence the number and type of such jobs generated. (c) The secretarv' Department w4h shall make a finding that the operator of the proposed project has demonstrated the capabilities to operate such a facility. The applicant has the burden of showing that capability exists in the operator to operate and maintain the facility efficiently and effectively. Financial strength and prior related experience by the operator shall be given great we ight, evaluated. Where little or no pri or experience can be demonstrated, the qualifications of ) 1725 NORTH CAROLINA REGISTER April 15, 1999 13:20 PROPOSED RULES management, including production or engineering staff, as applicable, shall be of great prime significance. (d) The secretary Department wi+l shall make a finding that the IDF financing of such for a project by th e authorit\ w+U shall not cause or result in the abandonment of an existing similar industrial or manufacturing facility of the proposed operator of an affiliate elsewhere in the State unless the facility is to be abandoned because of obsolescence, lack of available labor, or site limitations. The Department shall consider an abandonment statement as prima facie proof of lack of abandonment. (e) For EmergencN Economic Development projects, the Department shall make a finding that: (1 ) the economic emergency exists, or is imminent, and (2) the project shall, or shall tend to, alleviate the especially severe economic emergenc\' caused by the described economic dislocation. (f) For Utility Account projects, the Department shall make a finding that the proposed funding should create new jobs or reasonably be expected to lead to the creation of neu jobs m the industries currently eligible for Utility Account financing assistance as specified in G.S. 143B-437.01 (bl). fe) The Department shall use th e definitions of terms found in Section .0200 of thi s Subchapter to make th e se findings . (g) For Clean Water Bonds projects, the Department shall make a finding that the proposed project will have a favorable impact on the Clean Water Objectives of" the State. (h) The Department shall use the definitions of terms found in Rule .0102 ot" this Subchapter to make these findings. Authority G.S. 143B-437.01. .0403 FORMAL APPLICATIONS PROCEDURES: DENIAL (a) Unless the applicant has met its various burdens of proof, the secretary Department shall not make his ttie required findings. (b) All findings shall be in writing and where Where adverse findings are made, they shall specifically indicate in detail which elements of proof were weak, the required conclusions which could not be made made, and any suggestions for amending the application. DEFINED/RULE .0102(h) fa-) Be fore the Department can begin to make the approval of and to fund an Emergency proj ect as de fined in Rul e .0102(h). th e S ecretary will det ermine that th e economic di s location described has cau sed an economic emergency and that th e emergency is of such size that extraordinary measures are required to h e lp all eviate th e emergency. fh) That the funding for Emergency proj ects during the current budget has not. (e^ Even with the funding for the Emergency proj ect so approved, will not exceed one hundred thousand dollars ($100,000.00). .Authority Section IX ofChapter '^54. 1989 S.L. SECTION .0500 - RESERVATION OF FUNDS .0501 GENERAL Units of government may apply for a "450 45 day reservation" of funds, relating to a particular building renovation.—se—as IDF project te — allow—leeal — units—ef govommont to induce prospective private sector employers to locate or expand and thusly. to create new jobs. The Secretary Department may accept and approve the requests where local units of government can document that : (1 ) Document that they have the potential for a project of strong merit; (2) Where a particular employer is interested in a proposed industrial building; (3) Where strong competitive offers have been made to the a client m by other states or where more comparative proposals have been made to the potential employer by communities located in the l east distre ssed counties, tier areas not currently eligible for IDF funding. VenA application would bo A request shall be prepared along the lines of the application for approval described in Rule .0302 of this Subchapter, except that the data normally obtained from the client or potential employees would not he necessarily be prepared by the client and would not be required in such detail. .4uthorit^ G.S 1438-43^.01. .4ulhorit\G.S. 143B-43~.01. .0404 FORMAL APPLICATION PROCEDURES: APPROVAL (a) Where the Secretary Department makes all the findings necessary, he it w4h shall do so in writing to the applicant at the earliest possible date after follow ing the procedures as set forth in this Subchapter. (b) The Secretary Department wi+l shall prepare a letter of approval in which all hi s findings a s set forth and cause this letter to be mailed to the applicant. .Authority- G.S. I43B-43''.0I. .0405 FINDINGS REQ/APPROVAL/EMGCY PROJ .0502 LIMITATIONS Such approvals Approvals to requests may be made in so long as that the "reservation of funds" for that a project w+JI shall not cause the total program funds "reser\ed" m that manner to exceed a sum not larger than an amount equal to on e third one-half of the total of program funds available and not previousK committed, comm i tt ed in th e regular approval process . The total of programs funds not previously committed wiH shall include appropriated funds, those funds received in repayment from recipients, interest earned, accrual in escrow accounts and funds not used and reverted from either approved projects or from "reserved" funds. .Authorit\-G.S. 1438-43'. 01. 13:20 NORTH CAROLINA REGISTER April 15, 1999 1726 PROPOSED RULES .0503 REVERSION OF FUNDS An approval for "reservation" of funds for projects wi+t shall not predicate approval or funding ef a project. When a formal and complete application for approval of a project has not been filed by the applicant that requested the reservation of funds, before the expiration date of the "reservation of funds", the Department may revert those funds back to the program without any obligation to the unit of goverrmient. Such revers ion of funds will be communicated to th e unit of government in writing. The unit of government shall keep track of when the reservation of funds expires. SECTION .0800 - ENVIRONMENTAL COMPLIANCE .0801 COMPLIANCE WITH NORTH CAROLINA ENVIRONMENTAL RULES Any local unit of government or grantee receiving Industrial Development Funds (IDF), including Basic IDF. Utility Account funds. Emergency Economic Assistance funds or Clean Water Bonds proceeds shall comply with North Carolina Environmental Policy Rules as cited in the North Carolina Administrative Code unless the project activity js a non-major activity, as cited in I5A NCAC QIC .0504. Authorin- G.S. 143B-437.0L G.S. 143B-437.01. SECTION .0600 - REPORTING REQUIREMENTS .0601 REPORTING REQUIREMENTS (a) The Department of Commerce will report annually to th e General Assembly concerning the applications made to the fund and th e payments made from the fund and th e impact of the payments in the targeted counties. This report will bo filed annually with th e General As sembly e ith er at th e expressed conven ience of th e House and th e Senate or by March I of each year at the offic es of th e Lt. Governor and the Speaker of th e House . f^^ — The Department of Commerc e will also fil e monthly reports with the Joint Legi s lative Commission and th e Fi s cal Research—Divi s ion.—These — reports—w4H — commence—en November 30. 1987 and shall name the part\(s) to whom payments were made.—in what amounts, and.—for what purposes. Authority Section HI of Part XXII Chapter 830, 1987 Session Laws. SECTION .0700 - DESIGNATION OF ELIGIBLE TIERS AND COUNTIES .0701 ANNUAL DESIGNATION Each year, on or before December 31. the Secretary of the Departm ent of Economic and Community Development shall des ignat e th e 50 most economically depressed counties in the state : this designation shall be for the following calendar year Each year, on or before December 31. the Secretary of the Department of Commerce shall rank each of the one hundred counties of the state according to criteria currently set by NC General Statutes. The highest numerically ranked county shall reflect the most adverse economic data, whereas the lowest ranked county shall refiect the most favorable data. This listing of all counties shall then be divided into groups or tier areas. The Secretary shall designate at that time those counties and their tier areas that are eligible to participate jn the Industrial Development Fund using the priority specified under current statutes. This designation is effective for the following year; however, a Tier One county retains its designation for at least two consecutive years. Aiithorit\G.S. 105-129. 3. TITLE ISA - DEPARTMENT OF AND ENVIRONMENT NATURAL RESOURCES Notice is hereby given in accordance with G.S. 150B-21.2 that the DENR - Environmental Management Commission intends to amend rules cited as I5A NCAC 28 .0303-. 0304. Notice of Rule-making Proceedings was published in the Register on Januaiy 15. 1999. Proposed Effective Date: August I, 2000 A Public Hearing will be conducted at 6:00 p.m. on May 25.1999 at the Hapvood Count}' Commissioner's Boardroom, 2 1 5 North Main Street. Waynesville, NC. Reason for Proposed Action: 15A NCAC 2B .0303 - The Environmental Management Commission is proposiiig to reclassify- iVesser Creek in Swain Count}- (Little Tennessee River Basin) to iticlude the Trout (Trj supplemental classification. Wesser Creek is proposed for reclassification from its source to Connelly Creekfrom Class C to Class C Tr A portion of Wesser Creek near its confluence with Connelly Creek currently carries the Trout classification. Studies conducted on Wesser Creek show that the stream supports a naturally reproducing rainbow trout population and thus meet the criteria for supplemental classification as Trout waters. If reclassified, wastewater dischargers to Wesser Creek will be required to comply with water qualit}- standards for Trout waters as set forth in 15A NCAC 2B .0200. Some ofthe water qualit}- standards applied to Trout waters, such as the dissolved oxygen standard, are more stringent than the water quality standards applied to Class C waters. 15A NCAC 28 .0304 - The Environmental Management Commission is proposing to reclassify Rough Creek in Ha}-wood County (French Broad River Basin) to include the Trout (Tr) and Outstanding Resource Waters (ORW) supplemental classifications. Rough Creek, from its source to the Canton Reservoir including tributaries, is proposed for reclassification from Class WS-I to Class WS-I Tr ORW. The Town of Canton has requested that Rough Creek he reclassified to include the supplemental ORW classification. In order to be classified as ORW, a water body must be of 1727 NORTH CAROLINA REGISTER April 15, 1999 13:20 PROPOSED RULES exceptional state or national recreational or ecological significance and the waters must have exceptional water quality: In addition, the waters must also exhibit one or more ofthefollowing resource values or uses: 111 there are outstanding fish (or commercially important aquatic species) habitat andfisheries: (2) there is an unusually high level of M'ater-based recreation or the potentialfor such recreation: (3) the waters ha\'e already received some special designation such as a North Carolina or National U ild and Scenic River Native of Special Native Trout Waters. National Wildlife Refuge, etc. which do not provide any water quality protection: (4l the waters represent an important component ofa slate or national park orforest: or (5) the waters are of special ecological or scientific significance such as habitat for rare or endangered species or as areas for research and education. Water quality analyses show that Rough Creek has excellent water quality. Several outstanding resource values were identified, including: a reproducing brook trout population: the watershed is a designated Natural Heritage .Area: there are plans to establish an educationalfacility underM'ay: and a rare wetland bog community which supports several rare plant species was identified in the headwaters area. Special protection measures that apply to North Carolina ORWs are set forth in 15.4 NC.4C 2B .0225. At a minimum, no new wastewater discharges or expansions to existing discharges are permitted, and stormwater controls for most new development are required. Comment Procedures: The purpose of this announcement is to encourage those interested in this proposal to provide comments. You may either attend the public hearing and make relevant verbal comments or submit written comments, data or other relevant information by June 24. 1999. The Hearing Officer may limit the length of time that you may speak at the public hearing, ifnecessaiy. so that all those who wish to speak may have an opportunity' to do so. We encourage you to submit written comments as well. The EMC is very interested in all comments pertaining to the proposed reclassifications. It is very important that all interested and potentially affected persons or parties make their views known to the EMC whether in fa\'or of or opposed to any and all provisions ofthe proposed reclassification. The EMC may not adopt a rule that differs substantially from the text of the proposed rules published in the North Carolina Register unless the EMC publishes the text of the proposed different rule and accepts comments on the new text (see 150B-21.2lg)). .411 interested and potentially affected persons are strongly encouraged to read the entire announcement and supporting information, and make appropriate comments on the proposal. Written comments may be submitted to: Liz Kovasckitz. DENR - Division of Water Quality. 512 N. Salisbun' Street, Raleigh, NC 27611. Phone: 733-5083. Ext. 572. Fiscal Note: These Rules do not affect the expenditures or revenues of state or local government funds. These Rules do not have a substantial economic impact ofat least five million dollars ($5. 000, 000) in a 12-month period CHAPTER 2 - ENVIRONMENTAL MANAGEMENT SUBCHAPTER 2B - SURFACE WATER AND WETLAND STANDARDS SECTION .0300 - ASSIGNMENT OF STREAM CLASSIFICATIONS .0303 LITTLE TENN RIVER BASIN AND SAVANNAH RIVER DRAINAGE AREA (a) The schedule may be inspected at the following places: (1) Clerk of Court: Clay County Graham County Jackson County Macon County Swain County Transylvania County (2) North Carolina Department of Environment and Natural Resources Asheville Regional Office Interchange Building 59 Woodtm Place Asheville, 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) Februap, 1, 1986; (5) October 1, 1987; (6) March 1, 1989; (7) January' 1, 1990; (8) July 1,1990; (9) August 1, 1990; (10) March I, 1991; (11) August 3, 1992; (12) February 1, 1993; (13) August 1.1994; (14) September 1, 1996; (15) August I, 1998; (16) August 1, 2000. (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 13:20 NORTH CAROLINA REGISTER April 15, 1999 1728 PROPOSED RULES 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 tributarv' 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. 1^90 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 b\ the reclassification of Alarka Creek (Index No. 2-69) from source to Upper Long Creek (Index No. 2-69-2) including all tributaries ft^om 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-(l) 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-lII Tr and C Tr to Classes WS-111 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-Ill). These waters were reclassified to WS-I. WS-II, WS-Ill. WS-IV or WS-V as defined in the revised water supply protection rules. (ISA 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 priman. classification after being identified as downstream of a water supply intake or identified as not being used for water suppK 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: (1) Bearwallow Creek from its source to 2.3 miles upstream of the Toxaway River [Index No. 4-7-(l)] was revised to indicate the application of an additional management strategy (referencing 15A NCAC 2B .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-Ill 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 TrCA. (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 Smok"y Mountains National Park Boundary to the Tuckasegee River [Index no. 2-79-63-(2 1 )] 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 Tov\n 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-IIl&B Tr, WS-III&B Tr CA andB. (I) 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-(l). 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. 2-79-52-5-11 from its source to Williams Branch from Class C to Class C Tr. Authority G.S. 143-214.1: 143-215.1: 143-21 5. 3(aj(l). .0304 FRENCH BROAD RIVER BASIN (a) The schedule ma\ be inspected at the following places: (1) Clerk of Court: • t 7729 NORTH CAROLINA REGISTER April 15, 1999 13:20 PROPOSED RULES Aver>' County Buncombe County Haywood County Henderson County Madison County Mitchell County' Transylvania County Yancey County (2) North Carolina Department of Environment and Natural Resources Asheville Regional Office Interchange Building 59 Woodfin Place Asheville, 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 I. 1984: (6) August 1. 1985; (7) Februarv I. 1986; (8) May I, 1987; (9) March 1,1989; (10) October 1. 1989; (11) Januar>' 1. 1990; (12) August 1. 1990; (13) August 3, 1992; (14) October 1. 1993; (15) July I, 1995: (16) November 1. 1995: (17) Januan,' I. 1996; (18) April l', 1996; (19) August I,+99«t 1998; (20) August 1. 2000. (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 tributan, 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 I. 1989 as follows: Cane River (Index No. 7-3) from source to Bow lens Creek and all tributaries were reclassified from Class C trout and Class C to Class WS-III trout and Class WS-111. (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 primarv' 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 primarv 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 I. 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 Juh 1, 1995 with the reclassification of Cane Creek [Index Nos. 6-57-(l) 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 I, 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 downsfream 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-(l) 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. (I) 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 suppl_\ 13:20 NORTH CAROLINA REGISTER April 15, 1999 1730 PROPOSED RULES intake to a point 0.7 miles upstream of mouth of Mills River to Class WS-lIl, and from a point 0.7 miles upstream of mouth of Mills River to French Broad River to Class WS- HI CA (Critical Area). (m) The Schedule of Classifications and Water Oualit>' Standards for the French Broad River Basin was amended August I, 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-(l0.5) from Class IV to Class C. (n) The schedu le 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-(l)] 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 _L 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-1 to Class WS-I Tr ORW. Authority G.S. 143-214.1: 143-215.1: 143-21 5. 3(al(l). Notice is hereby given in accordance with G.S. 150B-21.2 that the DENR - Environmental Management Commission intends to ametid rule cited as 1 5.4 NCAC 2B .0306. Notice of Rule-making Proceedings was published in the Register on January 15, 1999. Proposed Effective Date: August 1. 2000 A Public Hearing will be conducted at 6:00 p.m. on May 10. 1999 at the East Henderson High School Auditorium. 1 10 Upward Road. East Flat Rock. NC. the area affected by the proposed HQW reclassification in the Green River watershed will have additional treatment requirements. Projects which require a Sedimentation and Erosion Control Plan and which drain to and are within one mile of HQW streams will have more stringent land use developttient criteria as defined in ISA NCAC 2H . 1006. The criteria for designation to High Quality Waters as defined in 15A NCAC 2B .0201 includes those waters which are rated as excellent based on biological and physical/chemical clraracteristics through Division monitoring or special studies, native and special native trout waters designated by the Wildlife Resources Coitimission. primaiy nursen' areas designated by the Marine Fisheries Commission and other functional nursery areas designated by the Wildlife Resources Coitimission. critical habitat areas designated by the Wildlife Resources Commission or the Department of .Agriculture, all water supply watersheds which are either classified as WS-I or WS-II or those for which a formal petition for reclassification as WS-I or WS-II has been receivedfrom the appropriate local government and accepted by the Division of Water Quality, and all Class SA waters. The B Classification is assigned to waters that are used for primary recreational purposes. Primaiy recreation is defined in Division rules as "swimming, skin diving, skiing, and similar uses involving human body contact with water where such activities take place in an organized or on a frequent basis." Under North Carolina rules, several criteria must be met before waters can be classified for primary recreational. These are: I) the area must be of sufficient size and depth to support primary recreation: 2) fecal coliform concentrations must be less than 200 colonies per 100 milliliters based on a geometric mean derived from five samples taken within a 30 day period: 3) there must be no sources ofwater pollution which could result in a hazard to public health in close proximit}- to areas where recreation occurs: and 4) primary recreation must take place in an organized or on afrequent basis. Reason for Proposed Action: 15A NCAC 2B .0306 - The Environmental Management Commission is proposing to reclassify the Green River in Henderson Count}' (Broad River Basin) for primaiy recreation (Class B> and to include the High Quality Waters (HQW) supplemental classification. The Green River and its tributaries are proposed for reclassification from their source to. and including. Rock Creek from Class C Tr to Class B Tr HQW. The Green River and its tributaries, from Rock Creek to Lake Summit, are proposed for reclassification from Class C Tr to Class B Tr Requests for reclassification of the Green River were submitted by a local property' owner's association, independent property owners and boy's camp. Water qualiv,' studies conducted on the Green River and its tributaries show that the streams meet the criteria for Classes B and HQW in the areas proposed for reclassification as defined above. If reclassified, wastewater dischargers to the Green River will be required to comply with reliability standards set forth in 15A NCAC 2H .0124. Reliability standards require facilities to insure continued treatment of wastewater during instances of power failure. New and expanding wastewater dischargers to Comment Procedures: The purpose of this announcement is to encourage those interested in this proposal to provide comments. You may either attend the public hearing and make relevant verbal comments or submit written comments, data or other relevant information by June 10. 1999. The Hearing Officer may limit the length of time that you may speak at the public hearing, if necessan: so that all those who wish to speak may have an opportunity to do so. We encourage you to submit written comments as well. The EMC is very interested in all comments pertaining to the proposed reclassifications. It is very important that all interested and potentially affected persons or parties make their views known to the EMC whether in favor of or opposed to any and all provisions of the proposed reclassification. The EMC may not adopt a rule that differs substantially from the text of the proposed rule published in the North Carolina Register unless the EMC publishes the text of the proposed different rule and accepts comments on the new text (see 150B-21.2(g)). All interested and potentially affected persons are strongly encouraged to read the entire announcement and supporting information, and make appropriate comments on the proposal. 1731 NORTH CAROLINA REGISTER April 15, 1999 13:20 PROPOSED RULES Written comments may he submitted to: Liz Kovasckitz. DENR - Division of Water Qualir\: 512 N. Salisbuiy Street. Raleigh. NC 27611. Phone: 733-5083. Ext. 572. Fiscal Note: 777/s Ride does not affect the expenditures or revenues of state or local government funds. This Rule does not have a substantial economic impact ofat least five million dollars ($5,000,000) in a 12-month period CHAPTER 2 - ENVIRONMENTAL MANAGEMENT SUBCHAPTER 2B - SURFACE WATER AND WETLAND STANDARDS SECTION .0300 - ASSIGNMENT OF STREAM CLASSIFICATIONS .0306 BROAD RIVER BASIN (a) The schedule may be inspected at the following places: (1) Clerk of Court: Buncombe County Cleveland County Gaston County Henderson County Lincoln County McDowell County Polk County Rutherford County (2) North Carolina Department of Environment and Natural Resources: (A) Mooresville Regional Office 919 North Main Street Mooresville. North Carolina (B) Asheville Regional Office Interchange Building 59 Woodfm Place Asheville, North Carolina. (b) Unnamed Streams. Such streams entering South Carolina are classified "C." (c) The Broad River Basin Schedule of Classifications and Water Quality Standards was amended effective: (1) March 1. 1977; (2) Februap,' 12, 1979; (3) August 12, 1979; (4) April 1, 1983; (5) February 1, 1986; (6) August 3, 1992; (7) September 1, 1994; (8) August 1 , +W^ 1998; (9j August 1, 2000. (d) The Schedule of Classifications and Water Quality Standards for the 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-lll). These waters were reclassified to WS-I, WS-Il, WS- 111, 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. (e) The Schedule of Classifications and Water Quality Standards for the Broad River Basin was amended effective September 1. 1994 with the reclassification of the Second Broad River [Index No. 9-41 -(0.5)] from its source to Roberson Creek including associated tributaries was reclassified from Class WS-V to Classes WS-V, WS-IV and WS-IV CA. (f) The Schedule of Classifications and Water Quality Standards for the Broad River Basin was amended effective August 1, 1998 with the revision to the primary classification for portions of the Broad River [Index No. 9-(23.5)] from Class WS-IV to Class C and Second Broad River [Index Nos. 9-4I-(I0.5) and 9-4I-(I4.5)] and First Broad River [Index No. 9-50-( 1 1 )] from Class WS-IV to Class WS-V. (g) The Schedule of Classifications and Water Quality Standards for the Broad River Basin was amended August _L 2000 with the reclassification of the Green River [Index No. 9- 29-( 1 )]. including aH tributaries, from its source to the downstream side of the mouth of Rock Creek from Class C Tr to Class B Tr HQW. and the Green River from the downstream side ot" the mouth of Rock Creek to jts mouth in Lake Summit at elevation 20 1 1 from Class C Tr to Class B Tr. .Authorities. 143-214.1: 143-215.1: 143-21 5. 3(all 1). Notice is hereby given in accordance with G.S. 150B-21.2 that the DENR - Environmental Management Commission intends to amend rule cited as 15.4 NCAC 2B . 0308. Notice of Rule-making Proceedings was published in the Register on Janua)y 15. 1999. Proposed Effective Date: August 1, 2000 A Public Hearing will be conducted at 6:00 p.m. on May 11, 1999 ui the .Avery Count}' Courthouse, 1 Avety Square, Newland. NC. Reason for Proposed Action: The Environmental Management Commission is proposing to reclassifi- Little Grassy Creek in .Avery Count}' (Catawba River Basin) to Include the (Outstanding Resource Haters (ORW) supplemental classification. Little Grassy Creek, from its source to the Linville River, including tributaries, is proposed for reclassification from Class C Tr to Class C Tr ORW. A request for reclassification of the headv,'aters of the Linville River to High Quality (HOW) was submitted by a local golf club to the Division Water Quality in 1997. The Linville River did not qualifi for reclassification to HQW. However during 13:20 NORTH CAROLINA REGISTER April 15, 1999 1732 PROPOSED RULES the water quality- investigation it was determined that Little Grassy Creek, a tributary stream to the Linxille River qualified for supplemental classification as Outstanding Resource Waters. In order to he classified as ORW, a water body must be of exceptional state or national recreational or ecological significance and the waters must have exceptional water quality-. In addition, the waters must also exhibit one or more ofthefollowing resource values or uses: (1) there are outstanding fish for commercially important aquatic species) habitat and fisheries: (2) there is an unusually high level of water-based recreation or the potentialfor such recreation: (3) the waters have already received some special designation such as a North Carolina or National Wild and Scenic River Native of Special Native Trout Waters, National Wildlife Refuge, etc. which do not provide any water quality protection: (4) the waters represent an important component ofa state or national park orforest: or (5) the waters are of special ecological or scientific significance such as habitat for rare or endangered species or as areas for research and education. Water quality analyses show that Little Grassy Creek has excellent water quality and supports a reproducing brook trout population, therefore qualifying this stream for ORW designation. Special protection measures that apply to North Carolina ORWs are set forth in 15.4 NCAC 2B .0225. At a minimum, no new wastewater discharges or expansions to existing discharges are permitted, and stormwater controls for most new development are required. Comment Procedures: The purpose of this announcement is to encourage those interested in this proposal to provide comments. You may either attend the public hearing and make relevant verbal comments or submit written comments. data or other relevant information by June 10. 1999. The Hearing Officer may limit the length of time that you may speak at the public hearing, ifnecessaiy. so that all those who wish to speak may have an opportunity to do so. We encourage you to submit written comments as well. The EMC is very interested in all comments pertaining to the proposed reclassifications. It is very important that all interested and potentially affected persons or parties make their views known to the EMC whether in favor of or opposed to any and all provisions of the proposed reclassification. The EMC may not adopt a rule that differs substantially from the text of the proposed rule published in the North Carolina Register unless the EMC publishes the text of the proposed different rule and accepts comments on the ncM- text (see 150B-21.2(g)). All interested and potentially affected persons are strongly encouraged to read the entire announcement and supporting information, and make appropriate comments on the proposal. Written comments may be submitted to: Liz Kovasckit:. DENR - Division of Water Quality-. 512 N. Salisbuiy Street. Raleigh. NC 27611. Phone: '33-5083. Ext. 572. Fiscal Note: This Rule does not affect the expenditures or revenues of state or local government funds. This Rule does not have a substantial economic impact ofat least five million dollars ($5,000,000) in a 12-month period CHAPTER 2 - ENVIRONMENTAL MANAGEMENT SUBCHAPTER 2B - SURFACE WATER AND WETLAND STANDARDS SECTION .0300 - ASSIGNMENT OF STREAM CLASSIFICATIONS .0308 CATAWBA RIVER BASIN (a) The schedule may be inspected at the following places: (1) Clerk of Court: Alexander Countv Avery County Burke County Caldwell County Catawba County Gaston County Iredell County Lincoln County McDowell County Mecklenburg County Union County Watauga County (2) North Carolina Department of Environment and Natural Resources: (A) Mooresville Regional Office 919 North Main Street Mooresville. North Carolina (B) Asheville Regional Office Interchange Building 59 Woodfm Place Asheville. North Carolina. (b) Unnamed Streams. Such streams entering South Carolina are classified "C." (c) The Catawba River Basin Schedule of Classifications and Water Qualit\' Standards was amended effective: (1) March 1. 1977: (2) August 12. 1979; (3) April 1. 1982: (4) January 1, 1985: (5) August 1. 1985: (6) Februar) 1. 1986; (7) March f, 1989; (8) May 1.1989; (9) March 1. 1990; (10) August 1, 1990; (11) Augusts. 1992; (12) April 1. 1994; (13) July 1. 1995; (14) September I. 1996; (15) August I. 1998: (16) April l.+999^ 1999; (17) August 1. 2000. (d) The Schedule of Classifications and Water Quality Standards for the Catawba River Basin was amended effective I 1733 NORTH CAROLINA REGISTER April 15, 1999 13:20 PROPOSED RULES March I, 1989 as follows: { 1 ) Wilson Creek (Index No. 1 1-38-34) and all tributary waters were reclassified from Class B-trout and Class C-trout to Class B-trout ORW and Class C-trout ORW. (e) The Schedule of Classifications and Water Quality Standards for the Catawba River Basin was amended effective May 1. 1989 as follows: (1) Henr> Fork [Index Nos. 11-129-1-(1) and ll-129-l-(2)] fi-om source to Laurel Creek, including all tributaries, were reclassified from Class WS-1, C and C trout to Class WS-1 ORW, C ORW and C trout ORW, except Ivy Creek and Rock Creek which will remain Class C trout and Class C. (2) Jacob Fork [index Nos. ll-129-2-(l) and 1 1-129-2-(4)] from source to Camp Creek, including all tributaries, were reclassified from Class WS-111 trout and WS-IIl to WS-lIl trout ORW and WS-IIl ORW. (f) The Schedule of Classifications and Water Quality Standards for the Catawba River Basin was amended effective March 1, 1990 as follows: ( 1 ) Upper Creek [Index No. 1 1 -35-2-( 1 )] from source to Timbered Branch including all tributaries except Timbered Branch (Index No. 11-35-2-9) was reclassified from Class C Trout to Class C Trout ORW. (2) Steels Creek [Index No. 1 1-35-2-12(1)] from source to Little Fork and all tributaries was reclassified from Class C Trout to Class C Trout ORW. (g) The Schedule of Classifications and Water Quality Standards for the Catawba River Basin was amended effective August 3, 1992 with the reclassification of all water supply waters (waters with a primary classification of WS-1, WS-11 or WS-111). These waters were reclassified to WS-l, WS-Il, WS- 111. 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 reclassitled 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 Catawba River Basin was amended effective April 1, 1994 as follows: (1) Friday Lake (Index No. 1 1-125.5) from its source to Little Paw Creek was reclassified from Class C to Class B. (2) The Linville River [Index No. 12-29-(l)] from Grandmother Creek to Linville Falls was reclassified from Class C Tr to Class B Tr (i) The Schedule of Classifications and Water Quality Standards for the Catawba River Basin was amended effective JuK I, 1995 with the reclassification of Clark Creek from a point 0.6 mile downstream of Catawba County SR 2014 to 0.4 mile upstream of Larkard Creek [Index No. 1 1-129-5-(4.5)], and Howards Creek from its source to 0.7 mile upstream of Lincoln County State Road 1200 [Index No. 11-129-4], including associated tributaries from Class WS-IV to Classes C and WS-IV. (j) The Schedule of Classifications and Water Quality Standards for the Catawba River Basin was amended effective September 1, 1996 as follows: (1) North Fork Catawba River [Index No. ll-24-(l)] from Laurel Branch to Armstrong Creek from Class C Tr to Class B Tr; and (2) Catawba River (Lake Hickory) from Rhodhiss dam to highway 321 \ [Index No. 11 -(51)] from Class WS-IV CA to Class WS-IV&B CA. (k) The Schedule of Classifications and Water Quality Standards for the Catawba River Basin was amended effective August 1, 1998 with the revision to the primary classification for portions of the South Fork Catawba River [Index No. II- 129-(0.5)] and Hoyle Creek [Index No. 11-I29-15-(1)] from Class WS-IV to Class WS-V. (I) The Schedule of Classifications and Water Quality Standards for the Catawba River Basin was amended effective August I, 1998 as follows: (1) Mill Creek [Index No. 11-7] from its source to Swannanoa Creek, including all tributaries, from Class C Tr to Class C Tr HQW: and (2) Toms Creek [Index Nos. 11-2I-(I) and ll-21-(2)] from its source to Harris Creek, including all fributaries. from Class C Tr to Class C Tr HQW and from Harris Creek to McDowell Count> SR 1434, including all tributaries, from Class C to Class C HQW. (m) The Schedule of Classifications and Water Quality Standards for the Catawba River Basin was amended effective April 1, 1999 with the reclassification of a portion of the Catawba River [Index Nos. ll-(27.5) and 1I-(3I) from Class WS-IV & B and WS-IV to Class WS-V & B and WS-V. (n) The Schedule of Classifications and Water Quality Standards for the Catawba River Basin was amended effective April 1. 1999 with the reclassification of Armstrong Creek [Index Nos. I l-24-14-(l), 1 1-24-14-( 13.5) and 1 l-24-l4-(14)], and all tributaries from Classes WS-11 Tr, WS-11, WS-Il CA and C Tr to Classes C Tr HQW and C HQW. (o) The Schedule of Classifications and Water Quality Standards for the Catawba River Basin was amended April 1, 1999 as follows: (1) Lookout Shoals Lake from Oxford Dam to Island Creek [Index No. ll-(67)] from Class WS-V to Class WS-IV CA, from Island Creek to Elk Shoal Creek [Index No. ll-(70.5)] from Class WS-IV to Class WS-IV CA and from Elk Shoal Creek to a point one half mile upstream of Lookout Shoals Dam [Index No. II -(72)] from Class WS-IV&B to Class WS-IV&B CA; and (2) The primary classifications of tributan, streams that are within t1ve miles and draining to the nomial pool elevation of Lookout Shoals Lake (Protected Area) have been revised to Class WS-IV; and 13:20 NORTH CAROLINA REGISTER April 15, 1999 1734 PROPOSED RULES (3) The primar\ classifications of tributar\' streams that are within one half mile and draining to the normal pool elevation of Lookout Shoals Lake (Critical Area) have been revised to Class WS-IV CA. (p) The Schedule of Classifications and Water Qualify Standards for the Catawba River Basin was amended August _L 2000 with the reclassification of Little Grassy Creek (Index No. 1 1-29-2). including aU tributaries, from its source to the Linville River from Class C Tr to Class C Tr ORW. Authority G.S. 143-2 14. 1: 143-215.1: 143-21 5.3(a)(1). k-k-k-k-k-k-k-k-k-k-k-k k k k k k -k k Notice is hereby given in accordance with G.S. 150B-21.2 that the DENR - Environmental Management Commission to amend rule cited as 15A NCAC 20 .0702. Notice of Rule-making Proceedings was published in the Register on December 15. 1998. Proposed Effective Date: July 1. 2000 A Public Hearing will be conducted at 7:00 p.m. on May 6. 1999 at the Davidson County Governmental Center 913 Greensboro St.. Lexington. NC 27292. Reason for Proposed Action: 15A NCAC 20 .0702. Exemptions, of the North Carolina air toxics rules is proposed for amendment to exempt wood furniture manufacturing operations that are complying with the federal maximum achievable control technolog}- (MACT) requirements in 40 CRF Part 63 Subpart JJ from demonstrating compliance with the state health-based air toxics rules unless an individual source or facility is brought under the program by call of the Director of the Division of Air Quality. The amendment is proposed in response to a request from the .American Furniture Manufacturers Association (AFM.4) who submitted a modeling demonstration for the largest emitting furniture manufacturing facilit}' in the state which showed no exceedances of any current acceptable ambient level for any toxic air pollutant currently listed. Comment Procedures: .411 persons interested in these matters are invited to attend the public hearing. Any person desiring tj) comment for more than three minutes is requested to submit a written statement for inclusion in [he record ofproceedings Ql the public hearing. The hearing officer may limit oral presentation lengths to five minutes if many people want to speak. The hearing record will remain open until May 17, 1999. to receive additional written statements. To be included, the statement must be received by the Division by May 17. 1999. NOTE: In addition to the proposed amendment, the Environmental Management Commission (EMC) is soliciting specific comment on the issue ofwhether or not rule language requiring a five year periodic review by Division of Air Qualit}- staff of the continuing appropriateness of the exemption should be incorporated into the final rule amendment. INFORMATION: Copies ofthe proposals may be revicM'ed at the regional offices of the North Carolina Department of Environment and Natural Resources. Division ofAir Qualit}; I located at thefollowing cities: Asheville 828/251-6208 Fayetteville 910/486-1541 Mooresville 704/663-1699 Raleigh 919/571-4700 Washington 252/946-6481 Wilmington 910/395-3900 Winston-Salem 336/771-4600 Comments should be sent to and additional information concerning the hearing or the proposal may be obtained by cotitacting: Mr Thomas C Allen. Division of Air Qualitw PO. Box 29580. Raleigh. North Carolina 27626-0580~Phone: (919) 733-1489 Fax: (919) 715-7476: E-mail: thom_allen'ci aq.enr state, nc. us Fiscal Note: This Rule does not affect the expenditures or revenues of state or local government funds. This Rule does not have a substantial economic impact ofat least five million dollars ($5,000,000) in a 12-month period. SUBCHAPTER 2Q - AIR QUALITY PERMIT PROCEDURES SECTION .0700 - TOXIC AIR POLLUTANT PROCEDURES .0702 EXEMPTIONS (a) A permit to emit toxic air pollutants shall not be required under this Section for: ( 1 ) residential wood stoves, heaters, or fireplaces; (2) hot water heaters that are used for domestic purposes only and are not used to heat process water: (3) maintenance, structural changes, or repairs that do not change capacity of that process, fuel-burning, refuse-burning, or control equipment, and do not involve any change in quality or nature or increase in quantity of emission of any regulated air pollutant or toxic air pollutant; (4) housekeeping activities or building maintenance procedures, including painting buildings, resurfacing floors, roof repair, washing, portable vacuum cleaners, sweeping, use and associated storage of janitorial products, or non-asbestos bearing insulation removal; (5) use of office supplies, supplies to maintain copying equipment, or blueprint machines; (6) paving parking lots; (7) replacement of existing equipment with equipment of the same size. type, and function that does not result in an increase to the actual or potential ^ emissions of anN regulated air pollutant or toxic air ^ pollutant and that does not affect compliance status and. with replacement that fits the description of the 1735 NORTH CAROLINA REGISTER April 15, 1999 13:20 PROPOSED RULES existing equipment in the permit, including the application, such that the replacement equipment can be operated under that permit without any changes to the permit; (8) comfort air conditioning or comfort ventilation systems that does not transport, remove, or exhaust regulated air pollutants to the atmosphere; (9) equipment used for the preparation of food for direct on-site human consumption; (10) non-self-propelled non-road engines. except generators, regulated b> rules adopted under Title II of the federal Clean Air Act; (11) stacks or vents to prevent escape of sewer gases from domestic waste through plumbing traps; (12) use of fire fighting equipment; (13) the use for agricultural operations b> a fanner of fertilizers, pesticides, or other agricultural chemicals containing one or more of the compounds listed in ISA NCAC 2D .1104 if such compounds are applied according to agronomic practices acceptable to the North Carolina Department of Agriculture and the Commission; (14) asbestos demolition and renovation projects that comply with 15A NCAC 2D .1110 and that are being done by persons accredited by the Department of Health and Human Services under the Asbestos Hazard Emergency Response Act; (15) farm and pet incinerators used only to dispose of dead animals as identified in 15A NCAC 2D .1201(d) and (e). ( 1 6) refrigeration equipment that is consistent with Section 601 through 618 of Title VI (Stratospheric Ozone Protection) of the federal Clean Air Act, 40 CFR Part 82, and any other regulations promulgated by EPA under Title VI for stratospheric ozone protection, except those units used as or with air pollution control equipment; (17) laboratorv' activities: (A) bench-scale, on-site equipment used exclusively for chemical or physical anaKsis for quality control purposes, staff instruction, water or wastewater analyses, or non-production environmental compliance assessments; (B) bench scale experimentation, chemical or physical anahses. training or instruction from nonprofit. non-production educational laboratories; (C) bench scale experimentation, chemical or physical analyses, training or instruction from hospital or health laboratories pursuant to the determination or diagnoses of illnesses; and (D) research and development laboratory,' activities that are not required to be permitted under Section .0500 of this Subchapter provided the activitv' produces no commercial product or feedstock material; (18) combustion sources as defined in 20 .0703 until 18 (19) 20) 21) p- (23) (3^124 months after promulgation of the MACT or GACT standards for combustion sources. (Within 18 months following promulgation of the MACT or GACT standards for combustion sources, the Commissi
Object Description
Description
Title | North Carolina register |
Date | 1999-04-15 |
Description | Vol. 13, issue 20 (April 15, 1999) |
Digital Characteristics-A | 144 p.; 9.25 MB |
Digital Format | application/pdf |
Pres File Name-M | pubs_serial_ncregister19990415.pdf |
Pres Local File Path-M | \Preservation_content\StatePubs\pubs_serial_ncregister\images_master |
Full Text |
Cf"
NORTH CAROLINA
REGISTER
VOLUME 13 • ISSUE 20 • Pages 1714 - 1765
April 15, 1999
IN THIS ISSUE
Voting Rights Letter
Agriculture
Commer |