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 .0275 - FALLS WATER SUPPLY NUTRIENT STRATEGY: PURPOSE AND SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
PURPOSE. The purpose of this Rule and Rules
					 15A NCAC
					 02B .0276 through
					 02B .0282 and
					 02B .0315(q) shall be to attain
					 the classified uses of Falls of the Neuse Reservoir set out in
					 15A NCAC
					 02B .0211 from current impaired conditions
					 related to excess nutrient inputs; protect its classified uses as set out in
					 15A NCAC
					 02B .0216, including use as a source of water
					 supply for drinking water; and maintain and enhance protections currently
					 implemented by local governments in existing water supply watersheds
					 encompassed by the watershed of Falls of the Neuse Reservoir. The reservoir,
					 and all waters draining to it, have been supplementally classified as Nutrient
					 Sensitive waters (NSW) pursuant to
					 15A NCAC
					 02B .0101(e)(3) and
					 15A NCAC
					 02B .0223. These Rules, as enumerated in Item
					 (6) of this Rule, together shall constitute the Falls water supply nutrient
					 strategy, or Falls nutrient strategy, and shall be implemented in accordance
					 with 15A
					 NCAC 02B .0223. The following items establish
					 the framework of the Falls nutrient strategy:
(1) SCOPE AND LIMITATION. Falls of the Neuse
				  Reservoir is hereafter referred to as Falls Reservoir. All lands and waters
				  draining to Falls Reservoir are hereafter referred to as the Falls watershed.
				  The Falls nutrient strategy rules require controls that reduce nitrogen and
				  phosphorus loads from significant sources of these nutrients throughout the
				  Falls watershed. These Rules do not address atmospheric emission sources of
				  nitrogen that is deposited into the watershed but do include provisions to
				  account for reductions in such deposition as the water quality benefits of air
				  quality regulations are quantified. Neither do these Rules address sources on
				  which there is insufficient scientific knowledge to base regulation, other
				  sources deemed adequately addressed by existing regulations, sources currently
				  considered minor, or nutrient contributions from lake sediments, which are
				  considered outside the scope of these Rules. The Commission may undertake
				  additional rulemaking in the future or make recommendations to other rulemaking
				  bodies as deemed appropriate to more fully address nutrient sources to Falls
				  Reservoir. While the scope of these Rules is limited to the reduction of
				  nutrient loads to surface waters, practitioners are encouraged to maximize
				  opportunities for concurrently benefiting other ecosystem services where
				  feasible in the course of achieving the nutrient objectives.
(2) CRITICAL WATER SUPPLY WATERSHED
				  DESIGNATION. Water supply waters designated WS-II, WS-III, and WS-IV within the
				  Falls watershed shall retain their classifications. The remaining waters in the
				  Falls watershed shall be classified WS-V. The requirements of all of these
				  water supply classifications shall be retained and applied except as
				  specifically noted elsewhere within the Falls nutrient strategy. In addition,
				  pursuant to
				  G.S.
				  143-214.5(b), the entire
				  Falls watershed shall be designated a critical water supply watershed and
				  through the Falls nutrient strategy given additional, more stringent
				  requirements than the state minimum water supply watershed management
				  requirements. Water supply requirements of
				  15A NCAC
				  02B .0104 apply except to the extent that
				  requirements of the Falls nutrient strategy are more stringent than provisions
				  addressing agriculture, forestry, and existing development. These requirements
				  supplement the water quality standards applicable to Class C waters, as
				  described in Rule .0211 of this Section, which apply throughout the Falls
				  watershed. Water supply watershed requirements shall be as follows:
(a) For WS-II, WS-III, and WS-IV waters, the
				  retained requirements of Rules
				  15A NCAC
				  02B .0214 through
				  02B .0216 are characterized as
				  follows:
(i) Item (1) addressing best
				  usages;
(ii) Item (2) addressing
				  predominant watershed development conditions, discharges expressly allowed
				  watershed-wide, general prohibitions on and allowances for domestic and
				  industrial discharges, Maximum Contaminant Levels following treatment, and the
				  local option to seek more protective classifications for portions of existing
				  water supply watersheds;
(iii)
				  Sub-Item (3)(a) addressing wastewater discharge limitations;
(iv) Sub-Item (3)(b) addressing nonpoint
				  source and stormwater controls; and
(v) Sub-Items (3)(c) through (3)(h)
				  addressing aesthetic and human health standards.