North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter B - SURFACE WATER AND WETLAND STANDARDS › Section .0200 - CLASSIFICATIONS AND WATER QUALITY STANDARDS APPLICABLE TO SURFACE WATERS AND WETLANDS OF NORTH CAROLINA › Section 02B .0280 - FALLS RESERVOIR WATER SUPPLY NUTRIENT STRATEGY: AGRICULTURE

Current through Register Vol. 39, No. 2, July 15, 2024
This Rule sets forth a staged process, as prefaced in
					 15A NCAC
					 02B .0275, by which agricultural operations
					 in the Falls watershed will collectively limit their nitrogen and phosphorus
					 loading to the Falls Reservoir. This process is as follows:
(1) PURPOSE. The purposes of this Rule are to
				  achieve and maintain the percentage reduction objectives defined in
				  15A NCAC
				  02B .0275 for the collective agricultural
				  loading of nitrogen and phosphorus from their respective 2006 baseline levels,
				  to the extent that best available accounting practices will allow, in two
				  stages. Stage I shall be 10 years and Stage II shall be 15 years, as set out in
				  Item (5) of this Rule. Additionally this Rule will protect the water supply
				  uses of the Falls Reservoir.
(2)
				  PROCESS. This Rule requires accounting for agricultural land management
				  practices at the county level in the Falls watershed, and implementation of
				  practices by farmers to collectively achieve the nutrient reduction objectives
				  on a watershed basis. Producers may be eligible to obtain cost share and
				  technical assistance from the NC Agriculture Cost Share Program and similar
				  federal programs to contribute to their counties' nutrient reductions. A
				  Watershed Oversight Committee and Local Advisory Committees will develop
				  strategies, coordinate activities, and account for progress.
(3) LIMITATION. This Rule does not fully
				  address significant agricultural nutrient sources in that it does not directly
				  address atmospheric sources of nitrogen to the Falls watershed from
				  agricultural operations located both within and outside of the Falls watershed.
				  As better information becomes available from ongoing research on atmospheric
				  nitrogen loading to the Falls watershed from these sources, and on measures to
				  control this loading, the Commission may undertake separate rule-making to
				  require such measures it deems necessary from these sources to support the
				  objectives of the Falls Nutrient Strategy.
(4) APPLICABILITY. This Rule shall apply to
				  all persons engaging in agricultural operations in the Falls watershed,
				  including those related to crops, horticulture, livestock, and poultry. This
				  Rule applies to livestock and poultry operations above the size thresholds in
				  this Item in addition to requirements for animal operations set forth in
				  general permits issued pursuant to
				  G.S.
				  143-215.10C. Nothing in this Rule shall be
				  deemed to allow the violation of any assigned surface water, groundwater, or
				  air quality standard by any agricultural operation, including any livestock or
				  poultry operation below the size thresholds in this Item. This Rule shall not
				  apply to dedicated land application sites permitted under
				  15A NCAC
				  02T .1100. This Rule does not require
				  specific actions by any individual person or operation if agriculture in the
				  Falls watershed can collectively achieve its Stage I nutrient reduction
				  objectives, in the manner described in Item (5) of this Rule, by calendar year
				  2020. If the Stage I nutrient reduction objectives are not met by calendar year
				  2020, Stage II of implementation shall require specific actions by individuals
				  and operations. For the purposes of this Rule, agricultural operations are
				  activities that relate to any of the following pursuits:
(a) The commercial production of crops or
				  horticultural products other than trees. As used in this Rule, commercial shall
				  mean activities conducted primarily for financial profit.
(b) Research activities in support of such
				  commercial production.
(c) The
				  production or management of any of the following number of livestock or poultry
				  at any time, excluding nursing young:
(i) Five
				  or more horses;
(ii) 20 or more
				  cattle;
(iii) 20 or more swine not
				  kept in a feedlot, or 150 or more swine kept in a feedlot;
(iv) 120 or more sheep;
(v) 130 or more goats;
(vi) 650 or more turkeys;
(vii) 3,500 or more chickens; or
(viii) Any single species of any other
				  livestock or poultry, or any combination of species of livestock or poultry
				  that exceeds 20,000 pounds of live weight at any time.