reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter B - SURFACE WATER AND WETLAND STANDARDS › Section .0600 - WATER QUALITY MANAGEMENT PLANS › Section 02B .0602 - SITE SPECIFIC WATER QUALITY MANAGEMENT PLAN FOR THE GOOSE CREEK WATERSHED (YADKIN PEE-DEE RIVER BASIN): STORMWATER CONTROL REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any new development activity that
				  disturbs one acre or more of land within the Goose Creek watershed and will add
				  built-upon area shall control and treat the difference in the stormwater runoff
				  from the predevelopment and post-development conditions for the one-year,
				  24-hour storm, with stormwater control measures (SCMs), with the exception of
				  NC Department of Transportation activities that shall be regulated in
				  accordance with provisions of that agency's National Pollutant Discharge
				  Elimination System (NPDES) Stormwater Permit. Development and redevelopment
				  shall implement stormwater management measures that promote infiltration of
				  flows and groundwater recharge for the purpose of maintaining stream base flow
				  or the delegated local government shall maintain a written explanation when it
				  is not practical to use infiltration methods.
(b) SCMs shall meet the relevant Minimum
				  Design Criteria (MDC) set forth in
				  15A NCAC
				  02H .1050 through
				  02H .1062.
(c) Local governments may submit a written
				  request to the Commission for delegation authority to implement and enforce the
				  State's stormwater protection requirements of
				  G.S.
				  143-214.7 and S.L. 2006-246 within their
				  jurisdiction. The written request shall be accompanied by information that
				  shows:
(1) The local government has land use
				  jurisdiction for the riparian buffer demonstrated by delineating the local land
				  use jurisdictional boundary on USGS 1:24,000 topographical map(s) or other
				  finer scale map(s);
(2) The local
				  government has the administrative organization, staff, legal authority,
				  financial, and other resources necessary to implement and enforce the State's
				  stormwater requirements based on its size and projected amount of
				  development;
(3) The local
				  government has adopted ordinances, resolutions, or regulations to establish and
				  maintain the State's stormwater requirements; and
(4) The local government has provided a plan
				  to address violations with civil or criminal remedies and actions, as well as
				  remedies that shall restore buffer functions on violation sites and provide a
				  deterrent against the occurrence of future violations.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter B - SURFACE WATER AND WETLAND STANDARDS › Section .0600 - WATER QUALITY MANAGEMENT PLANS › Section 02B .0603 - SITE SPECIFIC WATER QUALITY MANAGEMENT PLAN FOR THE GOOSE CREEK WATERSHED (YADKIN PEE-DEE RIVER BASIN): WASTEWATER CONTROL REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
No new National Pollutant Discharge Elimination System
					 "NPDES" wastewater discharges or expansions to existing discharges shall be
					 permitted.
Authority
					 G.S.
					 143-214.1;
					 143-215.3(a)(1);
					 143-215.8A;
Eff.
					 January 1, 2009;
Readopted Eff. June 1,
					 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter B - SURFACE WATER AND WETLAND STANDARDS › Section .0600 - WATER QUALITY MANAGEMENT PLANS › Section 02B .0604 - SITE SPECIFIC WATER QUALITY MANAGEMENT PLAN FOR THE GOOSE CREEK WATERSHED (YADKIN PEE-DEE RIVER BASIN): CONTROL TOXICITY INCLUDING AMMONIA

Current through Register Vol. 39, No. 2, July 15, 2024
No activity that results in direct or indirect discharge
					 shall be allowed if it causes toxicity to the Carolina heelsplitter (Lasmigona
					 decorata) endangered mussel. For any direct or indirect discharge that is
					 determined by the Division to cause ammonia toxicity to the Carolina
					 heelsplitter freshwater mussel, action shall be taken to reduce ammonia
					 (NH3-N) inputs to achieve 0.5 milligrams per liter or
					 less of total ammonia based on chronic toxicity defined in Rule .0202 of this
					 Subchapter. This level of total ammonia is based on ambient water temperature
					 equal to or greater than 25 degrees Celsius.
Authority
					 G.S.
					 143-214.1;
					 143-215.3(a)(1);
					 143-215.8A;
Eff.
					 February 1, 2009;
Readopted Eff. June 1,
					 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter B - SURFACE WATER AND WETLAND STANDARDS › Section .0600 - WATER QUALITY MANAGEMENT PLANS › Section 02B .0605 - SITE SPECIFIC WATER QUALITY MANAGEMENT PLAN FOR THE GOOSE CREEK WATERSHED (YADKIN PEE-DEE RIVER BASIN): RIPARIAN BUFFER WIDTHS

Current through Register Vol. 39, No. 2, July 15, 2024
In the Goose Creek watershed, riparian buffers are required
					 within 200 feet of waterbodies within the 100-Year Floodplain and within 100
					 feet of waterbodies that are not within the 100-Year Floodplain. The 100-Year
					 Floodplain is the one percent Annual Chance Floodplain as delineated by the
					 North Carolina Floodplain Mapping Program in the Department of Public Safety.
					 The riparian buffer shall consist of a vegetated area that is undisturbed
					 except for uses provided in Rule .0607 of this Section.
Authority
					 G.S.
					 143-214.1;
					 143-215.3(a)(1);
					 143-215.8A;
Eff.
					 January 1, 2009;
Readopted Eff. June 15,
					 2020.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter B - SURFACE WATER AND WETLAND STANDARDS › Section .0600 - WATER QUALITY MANAGEMENT PLANS › Section 02B .0606 - SITE SPECIFIC WATER QUALITY MANAGEMENT PLAN FOR THE GOOSE CREEK WATERSHED (YADKIN PEE-DEE RIVER BASIN): AUTHORIZATION CERTIFICATES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) PURPOSE. The following requirements shall
				  apply to persons who wish to undertake uses designated as allowable upon
				  authorization, allowable with mitigation upon authorization, or allowable with
				  exception within the protected riparian buffer area as specified in Rule .0607
				  of this Section.
(b) AUTHORIZATION
				  CERTIFICATES. Persons who wish to undertake uses designated in Rule .0607 of
				  this Section as allowable upon authorization or allowable with mitigation upon
				  authorization shall submit an application requesting an Authorization
				  Certificate from the Authority.
(1) The
				  application shall specify:
(A) The name,
				  address, and phone number of the applicant;
(B) If the applicant is not the property
				  owner(s), the name, address, and phone number of the property owner;
(C) If the applicant is a corporation, the
				  name and address of the North Carolina process agency, and the name, address,
				  and phone number of the individual who is the authorized agent of the
				  corporation and responsible for the activity for which certification is sought.
				  The corporation must be authorized to do business in NC;
(D) The nature of the activity to be
				  conducted by the applicant;
(E) The
				  location of the activity, including the jurisdiction;
(F) A map that is legible to the reviewer and
				  of sufficient detail to delineate the boundaries of the land to be utilized in
				  carrying out the activity, the location and dimensions of any disturbance in
				  riparian buffers associated with the activity, and the extent of riparian
				  buffers on the land;
(G) An
				  explanation of why this plan for the activity cannot be practically
				  accomplished, reduced, relocated, or reconfigured to avoid or better minimize
				  disturbance to the riparian buffer, preserve aquatic life and habitat, and
				  protect water quality;
(H) Plans
				  for any best management practices proposed to be used to control the impacts
				  associated with the activity; and
(I) For uses designated as allowable with
				  mitigation upon authorization or allowable with exception, a mitigation
				  proposal in accordance with Rule .0295 of this Subchapter.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter B - SURFACE WATER AND WETLAND STANDARDS › Section .0600 - WATER QUALITY MANAGEMENT PLANS › Section 02B .0607 - SITE SPECIFIC WATER QUALITY MANAGEMENT PLAN FOR THE GOOSE CREEK WATERSHED (YADKIN PEE-DEE RIVER BASIN): BUFFER TYPES AND MANAGING ACTIVITIES WITHIN RIPARIAN BUFFERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) DEFINITIONS.
				  The terms used in this Rule and Rules .0605, .0606 and .0608 of this Section,
				  shall be as defined in Rule .0610 of this Section and as follows:
(1) "Authority" means either the Division or
				  a local government that has been delegated pursuant this Rule to implement the
				  riparian buffer program.
(2)
				  "Riparian buffer" means the area as defined in Paragraph (c) of this
				  Rule.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter B - SURFACE WATER AND WETLAND STANDARDS › Section .0600 - WATER QUALITY MANAGEMENT PLANS › Section 02B .0608 - SITE SPECIFIC WATER QUALITY MANAGEMENT PLAN FOR THE GOOSE CREEK WATERSHED (YADKIN PEE-DEE RIVER BASIN): MANAGE ACTIVITIES WITHIN RIPARIAN BUFFERS: FOREST HARVESTING REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  PURPOSE. The following requirements shall apply to all forest harvesting
				  operations and forestry-related land-disturbing activities subject to riparian
				  buffer requirements under Rules .0601 through .0608 of this Section.
(b) REQUIREMENTS THROUGHOUT THE BUFFER. The
				  following requirements shall apply:
(1) All
				  forest harvest activities within the buffer shall comply with Forest Practices
				  Guidelines Related to Water Quality as defined in
				  02 NCAC
				  60C;
(2) Logging decks and sawmill sites shall not
				  be placed in the riparian buffer;
(3) Timber felling shall be directed away
				  from the stream or water body;
(4)
				  Skidding shall be directed away from the stream or water body and shall be done
				  in a manner that minimizes soil disturbance and prevents the creation of
				  channels or ruts;
(5) Individual
				  trees may be treated to maintain or improve their health, form, or
				  vigor;
(6) Harvesting of dead or
				  infected trees or application of pesticides necessary to prevent or control
				  extensive tree pest and disease infestation is allowed, when approved by the
				  North Carolina Forest Service for a specific site in accordance with
				  G.S.
				  106-920 through
				  G.S.
				  106-926. The North Carolina Forest Service
				  must notify the Division of all approvals within 60 calendar days;
(7) Removal of individual trees that are in
				  danger of causing damage to structures or human life is allowed;
(8) Natural regeneration of forest vegetation
				  and planting of trees, shrubs, or ground cover plants to enhance the riparian
				  buffer is allowed provided that the soil disturbance is minimized;
(9) Prescribed burns shall be allowed when
				  conducted for forest management purposes; and
(10) A one-time fertilizer application at
				  agronomic rates in the riparian buffer is allowed to establish replanted
				  vegetation. No runoff from this one-time application in the riparian buffer is
				  allowed in the surface water.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter B - SURFACE WATER AND WETLAND STANDARDS › Section .0600 - WATER QUALITY MANAGEMENT PLANS › Section 02B .0609 - REPEALED - SITE SPECIFIC WATER QUALITY MANAGEMENT PLAN FOR THE GOOSE CREEK WATERSHED (YADKIN PEE-DEE RIVER BASIN): MANAGE ACTIVITIES WITHIN RIPARIAN BUFFERS: MITIGATION REQUIREMENTS FOR BUFFER IMPACTS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-214.1;
					 143-215.3(a)(1);
					 143-215.8A;
Eff.
					 February 1, 2009;
Repealed Eff. October 24,
					 2014.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter B - SURFACE WATER AND WETLAND STANDARDS › Section .0600 - WATER QUALITY MANAGEMENT PLANS › Section 02B .0611 - MANAGING ACTIVITIES WITHIN RIPARIAN BUFFERS: AUTHORIZATION CERTIFICATES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) PURPOSE. The following requirements shall
				  apply to persons who wish to undertake uses designated as allowable upon
				  authorization, allowable with mitigation upon authorization, or allowable with
				  exception within the protected riparian buffer area as specified in the
				  applicable riparian buffer protection rule of this Section and Section .0700 of
				  this Subchapter.
(b) AUTHORIZATION
				  CERTIFICATES. Persons who wish to undertake uses designated in the applicable
				  riparian buffer protection rule of this Section as allowable upon authorization
				  or allowable with mitigation upon authorization shall submit an application
				  requesting an Authorization Certificate from the Authority.
(1) The application shall specify:
(A) The name, address, and phone number of
				  the applicant;
(B) If the applicant
				  is not the property owner(s), the name, address, and phone number of the
				  property owner;
(C) If the
				  applicant is a corporation, the name and address of the North Carolina process
				  agency, and the name, address, and phone number of the individual who is the
				  authorized agent of the corporation and responsible for the activity for which
				  certification is sought. The corporation must be authorized to do business in
				  NC;
(D) The nature of the activity
				  to be conducted by the applicant;
(E) The location of the activity, including
				  the jurisdiction;
(F) A map that is
				  legible to the reviewer and of sufficient detail to delineate the boundaries of
				  the land to be utilized in carrying out the activity, the location and
				  dimensions of any disturbance in riparian buffers associated with the activity,
				  and the extent of riparian buffers on the land;
(G) An explanation of why this plan for the
				  activity cannot be practically accomplished, reduced, relocated, or
				  reconfigured to avoid or better minimize disturbance to the riparian buffer,
				  preserve aquatic life and habitat, and protect water quality;
(H) Plans for any best management practices
				  proposed to be used to control the impacts associated with the activity;
				  and
(I) For uses designated as
				  allowable with mitigation upon authorization or allowable with exception, a
				  mitigation proposal in accordance with Rule .0295 of this Subchapter.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter B - SURFACE WATER AND WETLAND STANDARDS › Section .0600 - WATER QUALITY MANAGEMENT PLANS › Section 02B .0612 - MANAGING ACTIVITIES WITHIN RIPARIAN BUFFERS: FOREST HARVESTING REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) PURPOSE. The following requirements shall
				  apply to all forest harvesting operations and forestry-related land-disturbing
				  activities subject to riparian buffer requirements in the following River
				  Basins and Watersheds:
(1) Catawba River Basin
				  as specified in
				  15A NCAC
				  02B .0614;
(2) Neuse River Basin as specified in
				  15A NCAC
				  02B .0714;
(3) Randleman Lake Watershed as specified in
				  15A NCAC
				  02B .0724; and
(4) Tar-Pamlico River Basin as specified in
				  15A NCAC
				  02B .0734.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter B - SURFACE WATER AND WETLAND STANDARDS › Section .0600 - WATER QUALITY MANAGEMENT PLANS › Section 02B .0614 - CATAWBA RIVER BASIN: PROTECTION AND MAINTENANCE OF EXISTING RIPARIAN BUFFERS

Current through Register Vol. 39, No. 2, July 15, 2024
The following is the management strategy for maintaining
					 and protecting existing riparian buffers along the Catawba River mainstem below
					 Lake James and along mainstem lakes from and including Lake James to the North
					 Carolina and South Carolina border in the Catawba River Basin.
(1) PURPOSE. The purpose of this Rule shall
				  be to maintain and protect existing riparian buffers along the Catawba River
				  mainstem below Lake James and along mainstem lakes from and including Lake
				  James to the North Carolina and South Carolina border in the Catawba River
				  Basin in order to maintain their pollutant removal functions as an aid in
				  protecting the water quality of the lakes and connecting river
				  segments.
(2) DEFINITIONS. The
				  terms used in this Rule shall be as defined in Rule .0610 of this Section and
				  as follows:
(a) "Authority" means either the
				  Division or a local government that has been delegated pursuant this Rule to
				  implement the riparian buffer program.
(b) "Riparian buffer" means the area as
				  defined in Item (4) of this Rule.
(c) "Full Pond Level" is a term used by Duke
				  Energy Inc. that refers to the project water level, referenced to mean sea
				  level, for each of the seven mainstem lakes along the Catawba River. The
				  landward edge of the lakes at full pond level represents the project boundary
				  for each lake.
(d) "Mainstem lakes"
				  means the following impoundments created along the mainstem of the Catawba
				  River: Lake James, Lake Rhodhiss, Lake Hickory, Lookout Shoals Lake, Lake
				  Norman, Mountain Island Lake and Lake Wylie (North Carolina portion).
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter B - SURFACE WATER AND WETLAND STANDARDS › Section .0600 - WATER QUALITY MANAGEMENT PLANS › Section 02B .0620 - WATER SUPPLY WATERSHED PROTECTION PROGRAM: PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
Rules .0620 through .0624 of this Section set forth the
					 minimum statewide water supply watershed protection requirements applicable to
					 each Water Supply classification, as provided in
					 15A NCAC
					 02B .0212 through
					 02B .0218.
Authority
					 G.S.
					 143-214.1;
					 143-214.5;
					 143-215.3(a)(1);
Eff. March 1, 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter B - SURFACE WATER AND WETLAND STANDARDS › Section .0600 - WATER QUALITY MANAGEMENT PLANS › Section 02B .0621 - WATER SUPPLY WATERSHED PROTECTION PROGRAM: DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
In addition to the definitions set forth in
					 G.S.
					 143-214.7, the following definitions shall
					 apply to Rules .0622 - .0624.
(1)
				  "Balance of Watershed" or "-BW" means the area adjoining and upstream of the
				  critical area in a WS-II and WS-III water supply watershed. The "balance of
				  watershed" is comprised of the entire land area contributing surface drainage
				  to the stream, river, or reservoir where a water supply intake is
				  located.
(2) "Cluster development"
				  means the grouping of buildings in order to conserve land resources and provide
				  for innovation in the design of the project including minimizing stormwater
				  runoff impacts. This term includes nonresidential development as well as single
				  family residential and multi family developments. Planned unit development and
				  mixed use development shall be considered as cluster development.
(3) "Commission" has the same meaning as in
				  15A NCAC
				  02H .1002.
(4) "Common plan of development" has the same
				  meaning as in
				  15A NCAC
				  02H .1002.
(5) "Critical area" has the same meaning as
				  in 15A
				  NCAC 02B .0202.
(6) "Curb Outlet System" has the same meaning
				  as in 15A NCAC 02H .1002.
(7) "Dispersed flow" has the same meaning as
				  in 15A
				  NCAC 02H .1002.
(8) "Division" has the same meaning as in
				  15A NCAC
				  02H .1002.
(9) "Erosion and Sedimentation Control Plan"
				  has the same meaning as in
				  15A NCAC
				  02H .1002.
(10) "Existing development" has the same
				  meaning as in
				  15A NCAC
				  02H .1002.
(11) "Family subdivision" means a division of
				  a tract of land:
(a) to convey the resulting
				  parcels, with the exception of parcels retained by the grantor, to a relative
				  or relatives as a gift for nominal consideration, but only if no more than one
				  parcel is conveyed by the grantor from the tract to any one relative;
				  or
(b) to divide land from a common
				  ancestor among tenants in common, all of whom inherited by intestacy or by
				  will.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter B - SURFACE WATER AND WETLAND STANDARDS › Section .0600 - WATER QUALITY MANAGEMENT PLANS › Section 02B .0622 - WATER SUPPLY WATERSHED PROTECTION PROGRAM: EXCLUSIONS AND SPECIAL CASES

Current through Register Vol. 39, No. 2, July 15, 2024
This Rule describes exclusions from the water supply
					 watershed program and special case projects in the water supply watershed
					 program.
(1) EXCLUSIONS. The following
				  project types shall be excluded from the requirements of Rules .0620-.0624 of
				  this Section:
(a) existing
				  development;
(b)
				  redevelopment;
(c) single-family
				  residential redevelopment, even if there is a net increase in built-upon area
				  or if stormwater controls are not equal to that of the previous single-family
				  residential development;
(d)
				  expansions to single-family residential existing development, unless the
				  expansion is part of a larger common plan of development that is subject to
				  this Rule;
(e) nonconforming lot of
				  record that is not contiguous to any other lot owned by the same party and if
				  it is to be developed for single-family residential purposes. However, local
				  governments may require the combination of contiguous nonconforming lots of
				  record owned by the same party in order to establish a lot or lots that meet
				  the development restrictions of Rule .0624 of this Section;
(f) any lot or parcel created as part of a
				  family subdivision after the effective date of the local watershed ordinance if
				  it is to be developed for one single-family detached residence and if it is
				  exempt from a local subdivision ordinance;
(g) activities of the North Carolina
				  Department of Transportation (NCDOT) that are regulated in accordance with the
				  provisions of NPDES Permit Number NCS000250;
(h) linear transportation projects undertaken
				  by an entity other than NCDOT when:
(i) the
				  project is constructed to NCDOT standards and is in accordance with the NCDOT
				  Stormwater Best Management Practices Toolbox (Version 2, April 2014 Edition)
				  which is here in incorporated by reference, including any subsequent amendments
				  and editions, and may be accessed at no cost at
https://connect.ncdot.gov/resources/hydro/HSPDocuments/2014_BMP_Toolbox.pdf
;
(ii) upon completion, the project will be
				  conveyed either to the NCDOT or another public entity and will be regulated in
				  accordance with that entity's NPDES MS4 stormwater permit; and
(iii) the project is not part of a common
				  plan of development.
(i)
				  airport facilities that are deemed permitted in accordance with G.S.
				  143.214.7(c4).
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter B - SURFACE WATER AND WETLAND STANDARDS › Section .0600 - WATER QUALITY MANAGEMENT PLANS › Section 02B .0623 - WATER SUPPLY WATERSHED PROTECTION PROGRAM: PROGRAM ADMINISTRATION

Current through Register Vol. 39, No. 2, July 15, 2024
This Rule contains provisions for the administration of
					 water supply watershed protection programs.
(1) LOCAL GOVERNMENTS INCLUDED. All local
				  governments that have land use authority within designated water supply
				  watersheds shall adopt and enforce ordinances and watershed maps that meet or
				  exceed the requirements of
				  G.S.
				  143-214.5 and Rules .0621 through .0624 of
				  this Section. Local governments may use the Commission's model Watershed
				  Protection Ordinance available at no cost at http://watersupplywatershed.nc.gov
				  as the basis for their ordinance, or may propose an alternative ordinance that
				  meets or exceeds the requirements of Rules .0621 through .0624 of this
				  Section.
(2) Commission Approval.
				  Local government water supply watershed protection ordinances and watershed
				  maps shall be submitted to the Division for approval by the Commission or its
				  designee no later than 270 days after receiving notice of a water supply
				  reclassification from the Commission. The Commission or its designee shall
				  approve the water supply watershed protection ordinance and map if it meets or
				  exceeds the minimum statewide water supply watershed management requirements
				  adopted pursuant to Rules .0621 through .0624 of this Section and
				  G.S.
				  143-214.5. The local government may begin
				  implementing the ordinances prior to receiving approval by the Commission. The
				  following items shall be included in the submission in either paper or
				  electronic format:
(a) one copy of the
				  adopted and effective relevant ordinance;
(b) a cover letter from the local
				  government's legal counsel, municipal or county clerk, or municipal or county
				  manager certifying that the ordinance meets or exceeds the requirements of this
				  Section and
				  G.S.
				  143-214.5; and
(c) one copy of a watershed map showing the
				  local government corporate and extraterritorial jurisdictional boundaries, the
				  Commission's adopted watershed boundaries, the local government's interpreted
				  watershed boundaries, and U.S. Geological Survey 1:24,000 (7.5 minute) scale
				  topographic contour lines and hydrography.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter B - SURFACE WATER AND WETLAND STANDARDS › Section .0700 - NUTRIENT MANAGEMENT STRATEGY RULES FOR SURFACE WATERS › Section 02B .0703 - NUTRIENT OFFSET CREDIT TRADING

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  PURPOSE. The purpose of this Rule is to establish standards and procedures
				  applicable to providers for approval of nutrient reduction projects and
				  associated nutrient offset credits that will be transferred to persons or
				  entities subject to nutrient rules of this Subchapter. Nutrient offset credit
				  is distinct from nutrient accounting for direct compliance with individual
				  nutrient strategy rules, which is not governed by this Rule. Nutrient
				  accounting includes joint compliance by multiple local governments as
				  authorized in individual nutrient strategy rules. Nutrient offset credits
				  represent a compliance option to the extent allowed by nutrient rules of this
				  Subchapter, including:
(1) the Neuse Nutrient
				  Strategy as set forth in Rule .0710 of this Section;
(2) the Tar-Pamlico Nutrient Strategy as set
				  forth in Rule .0730 of this Section;
(3) the Jordan Lake Nutrient Strategy as set
				  forth in Rule .0262 of this Subchapter, including to the extent that the
				  requirements of this Rule related to the nutrient offset credits are
				  incorporated by the Jordan Lake rules; and
(4) the Falls Lake Nutrient Strategy as set
				  forth in Rule .0275 of this Subchapter, including to the extent that the
				  requirements of this Rule related to the nutrient offset credits are
				  incorporated by the Falls Lake rules.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter B - SURFACE WATER AND WETLAND STANDARDS › Section .0700 - NUTRIENT MANAGEMENT STRATEGY RULES FOR SURFACE WATERS › Section 02B .0710 - NEUSE NUTRIENT STRATEGY: PURPOSE AND SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  PURPOSE. The purpose of this Rule and Rules .0711 through .0715 of this Section
				  is to attain the designated uses of the Neuse River estuary with respect to
				  meeting nutrient-related water quality standards pursuant to the Environmental
				  Management Commission's authority under the Clean Water Responsibility and
				  Environmentally Sound Policy Act, S.L. 1997-458. All waters of the Neuse River
				  Basin are supplementally classified as Nutrient Sensitive Waters (NSW) pursuant
				  to 15A
				  NCAC 02B .0223. The rules enumerated in
				  Paragraph (d) of this Rule together constitute the Neuse nutrient strategy, and
				  shall be implemented in accordance with
				  15A NCAC
				  02B .0223.
(b) SCOPE AND LIMITATION. The Neuse nutrient
				  strategy rules require controls to reduce nitrogen loads from significant
				  sources of this nutrient throughout the Neuse Basin. These Rules do not address
				  sources for which there is insufficient scientific knowledge to base
				  regulation.
(c) GOAL. To achieve
				  the purpose of the Neuse nutrient strategy, the Commission established in the
				  initial Neuse nutrient strategy rules, enacted in August 1998, the goal of
				  reducing the average annual load of nitrogen delivered to the Neuse estuary
				  from point and nonpoint sources by a minimum of 30 percent below the average
				  annual load for the period 1991 through 1995 and thereafter maintaining it at
				  or below that level. This amended strategy continues that goal.
(d) RULES ENUMERATED. The rules of the Neuse
				  nutrient strategy, in addition to this one, are titled as follows:
(1) Rule .0711 for stormwater;
(2) Rule .0712 for agriculture;
(3) Rule .0713 for wastewater
				  discharges;
(4) Rule .0233 for
				  riparian buffer protection; and
(5)
				  Rule .0241 for riparian buffer program delegation
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter B - SURFACE WATER AND WETLAND STANDARDS › Section .0700 - NUTRIENT MANAGEMENT STRATEGY RULES FOR SURFACE WATERS › Section 02B .0711 - NEUSE NUTRIENT STRATEGY: STORMWATER

Current through Register Vol. 39, No. 2, July 15, 2024
The following is the stormwater management strategy for the
					 Neuse River Basin:
(1) PURPOSE. The
				  purpose of this Rule is to achieve and maintain the nitrogen loading reduction
				  goal established for the Neuse River Estuary in Rule .0710 of this Section from
				  an undeveloped condition on lands in the Neuse River Basin on which development
				  occurs. Nothing in this Rule preempts the requirements of
				  15A NCAC
				  02B .0277 for projects subject to the Falls
				  Reservoir Nutrient Strategy or prevents local governments from implementing
				  requirements that are more restrictive than those set forth in this
				  Rule.
(2) APPLICABILITY. The
				  following local governments shall implement the stormwater management
				  requirements of this Rule, except as noted in Sub-Item (3)(a) of this Rule
				  where the Department shall implement them. Municipalities shall implement this
				  Rule throughout their corporate limits and extraterritorial jurisdictions
				  within the basin, while counties shall implement throughout their territorial
				  jurisdictions within the basin. Counties named in this Item may implement this
				  Rule within municipalities not named in this Item in accordance with
				  G.S.
				  160A-360(d).
(a) Local governments designated under this
				  Rule effective August 1998:
(i)
				  Cary;
(ii) Durham;
(iii) Garner;
(iv) Goldsboro;
(v) Havelock;
(vi) Kinston;
(vii) New Bern;
(viii) Raleigh;
(ix) Smithfield;
(x) Wilson;
(xi) Durham County;
(xii) Johnston County;
(xiii) Orange County;
(xiv) Wake County; and
(xv) Wayne County.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter B - SURFACE WATER AND WETLAND STANDARDS › Section .0700 - NUTRIENT MANAGEMENT STRATEGY RULES FOR SURFACE WATERS › Section 02B .0712 - NEUSE NUTRIENT STRATEGY: AGRICULTURE

Current through Register Vol. 39, No. 2, July 15, 2024
This Rule sets forth a process by which agricultural
					 operations in the Neuse River Basin will collectively limit their nitrogen
					 loading to the Neuse estuary, as set forth in in Rule .0710 of this Section.
					 Nothing in this Rule preempts the requirements of
					 15A NCAC
					 02B .0280 for agricultural operations subject
					 to the Falls Reservoir Nutrient Strategy.
(1) PURPOSE. The purpose of this Rule is to
				  maintain or exceed the percentage reduction goal defined in Rule .0710 of this
				  Section on the collective loss of nitrogen from agricultural operations as
				  defined in Item (2) of this Rule, as estimated by best available accounting
				  practices meeting the criteria set forth in Item (6) of this Rule from its
				  1991-1995 baseline level.
(a) PROCESS. This
				  Rule requires agricultural producers in the Basin to implement land management
				  practices that collectively, on a basin-wide basis, will achieve the nutrient
				  goals.
(b) LIMITATION. This Rule
				  may not fully address the agricultural nitrogen reduction goal of the Neuse
				  Nutrient Sensitive Waters Strategy in that it does not address atmospheric
				  sources of nitrogen to the Basin, including atmospheric emissions of ammonia
				  from sources located both within and outside of the Basin, and the Commission
				  may undertake separate rule making to address atmospheric sources at a later
				  date.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter B - SURFACE WATER AND WETLAND STANDARDS › Section .0700 - NUTRIENT MANAGEMENT STRATEGY RULES FOR SURFACE WATERS › Section 02B .0713 - NEUSE NUTRIENT STRATEGY: WASTEWATER DISCHARGE REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
The following is the National Pollutant Discharge
					 Elimination System (NPDES) wastewater discharge management strategy for the
					 Neuse River Basin:
(1) Purpose. The
				  purpose of this Rule is to establish minimum nutrient control requirements for
				  point source discharges in the Neuse River Basin in order to maintain or
				  restore water quality in the Neuse River Estuary and protect its designated
				  uses.
(2) Applicability. This Rule
				  applies to all discharges from wastewater treatment facilities in the Neuse
				  River Basin that receive nitrogen-bearing wastewater and are required to obtain
				  individual NPDES permits. Discharges in the Falls Lake watershed are subject to
				  additional nutrient control requirements under the Falls Water Supply Nutrient
				  Strategy Rules of this Subchapter.
(3) Definitions. The terms used in this Rule
				  shall be as defined in Rule .0701 of this Section and as follows:
(a) In regard to point source dischargers,
				  treatment facilities, wastewater flows or discharges, or like matters:
(i) "Existing" means that which obtained an
				  NPDES permit on or before December 31, 1995.
(ii) "Expanding" means that which increases
				  beyond its permitted flow as defined in Sub-Item (3)(b) of this Rule.
(iii) "New" means that which had not obtained
				  an NPDES permit on or before December 31, 1995.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter B - SURFACE WATER AND WETLAND STANDARDS › Section .0700 - NUTRIENT MANAGEMENT STRATEGY RULES FOR SURFACE WATERS › Section 02B .0715 - NEUSE RIVER BASIN: NUTRIENT SENSITIVE WATERS MANAGEMENT STRATEGY: DELEGATION OF AUTHORITY FOR THE PROTECTION AND MAINTENANCE OF EXISTING RIPARIAN BUFFERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) PURPOSE. This Rule sets out the
				  requirements for delegation of the responsibility for implementing and
				  enforcing the Neuse Basin riparian buffer protection program, as described in
				  Rule .0714 of this Section, to local governments.
(b) PROCEDURES FOR GRANTING DELEGATION. The
				  Commission shall grant local government delegation of the Neuse River Basin
				  Riparian Buffer Protection requirements, as described in Rule .0714 of this
				  Section, according to the following procedures:
(1) Local governments within the Neuse River
				  Basin may submit a written request to the Commission for authority to implement
				  and enforce the Neuse River Basin riparian buffer protection requirements
				  within their jurisdiction by establishing a riparian buffer program to meet the
				  requirements of Rule .0714 of this Section. The written request to establish a
				  riparian buffer program shall include the following:
(A) Documentation that the local government
				  has land use jurisdiction for the riparian buffer. This can be demonstrated by
				  delineating the local land use jurisdictional boundary on the USGS 1:24,000
				  topographical map(s) or other finer scale map(s);
(B) Documentation that the local government
				  has the administrative organization, staff, legal authority, financial
				  resources, and other resources necessary to implement and enforce the Neuse
				  River Basin riparian buffer protection requirements based on its size and
				  projected amount of development;
(C) The local government ordinances,
				  resolutions, or regulations necessary to establish a riparian buffer program
				  meet the requirements of Rule .0714 of this Section and
				  G.S.
				  143-214.23A;
(D) Documentation that the local government's
				  riparian buffer program shall comply with all requirements set forth in
				  G.S.
				  143-214.23A; and
(E) A plan to address violations with
				  site-specific remedies and actions including civil or criminal remedies that
				  shall restore riparian buffer nutrient removal functions on violation sites and
				  provide a deterrent against the occurrence of future violations.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter B - SURFACE WATER AND WETLAND STANDARDS › Section .0700 - NUTRIENT MANAGEMENT STRATEGY RULES FOR SURFACE WATERS › Section 02B .0720 - RANDLEMAN NUTRIENT STRATEGY: PURPOSE AND SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  PURPOSE. The purpose of the Randleman nutrient strategy is to attain the
				  designated uses of Randleman Lake. All waters of the Randleman Lake (Deep
				  River) water supply watershed are classified for water supply uses and
				  designated by the Environmental Management Commission as a Critical Water
				  Supply Watershed pursuant to
				  G.S.
				  143-214.5(b).
(b) SCOPE AND LIMITATION. The Randleman
				  nutrient strategy rules require controls to reduce nutrient sources throughout
				  the Randleman Lake watershed. These Rules do not address sources for which
				  there is insufficient scientific knowledge to support regulation. The
				  Commission may undertake additional rulemaking in the future or make
				  recommendations to other rulemaking bodies to more fully address nutrient
				  sources to Randleman Lake.
(c)
				  RULES ENUMERATED. The following rules, which together shall constitute the
				  Randleman nutrient strategy, shall be implemented for the entire drainage area
				  upstream of the Randleman Lake Dam:
(1) Rule
				  .0721 of this Section for Urban Stormwater Management;
(2) Rule .0722 of this Section for Wastewater
				  Discharges; and
(3) Rule .0724 of
				  this Section for Protection and Maintenance of Riparian Areas.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter B - SURFACE WATER AND WETLAND STANDARDS › Section .0700 - NUTRIENT MANAGEMENT STRATEGY RULES FOR SURFACE WATERS › Section 02B .0721 - RANDLEMAN LAKE WATER SUPPLY WATERSHED: STORMWATER REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
The following is the stormwater management strategy for the
					 Randleman Lake watershed:
(1)
				  IMPLEMENTING AUTHORITY. The requirements of this Rule shall be implemented by
				  local governments that have land use authority within the Randleman Lake
				  watershed. State agencies shall also comply with this Rule insofar as required
				  by G.S.
				  143-214.5 and in accordance with Rule .0622
				  of this Subchapter.
(2)
				  SUBWATERSHEDS. For the purpose of this Rule, the Randleman Lake Watershed is
				  divided into subwatersheds as follows:
(a) the
				  upper portion of the watershed is defined as those waters and lands of the Deep
				  River watershed that drain to the Oakdale-Cotton Mill Dam;
(b) the lower portion of the watershed are
				  those waters and lands of the Deep River upstream and draining to the Randleman
				  Lake Dam, from the Oakdale-Cotton Mill Dam to the Randleman Dam;
(c) Oak Hollow Lake subwatershed is defined
				  as all land areas draining to Oak Hollow Lake;
(d) High Point Lake subwatershed is defined
				  as all land areas draining to High Point Lake, East Fork Deep River and West
				  Fork Deep River from Oak Hollow Lake Dam; and
(e) Deep River 1 subwatershed is defined as
				  all land areas draining to the Deep River from High Point Lake Dam to Freeman
				  Mill Dam.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter B - SURFACE WATER AND WETLAND STANDARDS › Section .0700 - NUTRIENT MANAGEMENT STRATEGY RULES FOR SURFACE WATERS › Section 02B .0722 - RANDLEMAN LAKE WATER SUPPLY WATERSHED: WASTEWATER DISCHARGE REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The following is the National Pollutant
				  Discharge Elimination System (NPDES) wastewater discharge management strategy
				  for the Randleman Lake watershed.
(b) For purposes of this Rule, permitted
				  wastewater discharges means those facilities permitted to discharge domestic
				  wastewater or wastewaters containing phosphorus.
(c) There shall be no new or expanding
				  permitted wastewater discharges in the watershed with the exception that the
				  City of High Point Eastside Wastewater Treatment Plant may be allowed to expand
				  provided that any new permit contains concentration and mass limits predicted
				  through water quality modeling or other analysis that shows to the Director
				  that discharges will provide a level of water quality in the Randleman Lake
				  that meets all designated uses of those waters.
Authority
					 G.S.
					 143-214.1;
					 143-214.5;
					 143-215.3(a)(1);
Eff. April 1, 1999;
Readopted Eff. June 15, 2020 (The provisions of
					 this Rule were transferred from
					 15A NCAC
					 02B .0249).
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter B - SURFACE WATER AND WETLAND STANDARDS › Section .0700 - NUTRIENT MANAGEMENT STRATEGY RULES FOR SURFACE WATERS › Section 02B .0730 - TAR-PAMLICO 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 .0731 through
					 02B .0736 of this Section is to
					 attain the designated uses of the Pamlico River estuary with respect to meeting
					 nutrient-related water quality standards pursuant to the Environmental
					 Management Commission's authority under the Clean Water Responsibility and
					 Environmentally Sound Policy Act, S.L. 1997-458. The estuary and waters of the
					 Tar-Pamlico River Basin are classified as Nutrient Sensitive Waters (NSW)
					 pursuant to Rule
					 15A NCAC
					 02B .0223 of this Subchapter. The rules
					 enumerated in Item (3) of this Rule together constitute the Tar-Pamlico
					 nutrient strategy, and shall be implemented in accordance with Rule .0223 of
					 the Subchapter.
(1) SCOPE AND
				  LIMITATION. The Tar-Pamlico nutrient strategy rules require controls to reduce
				  nitrogen and phosphorus loads from significant sources of these nutrients
				  throughout the Tar-Pamlico Basin. These Rules do not address sources for which
				  there is insufficient scientific knowledge to base regulation.
(2) GOALS. To achieve the purpose of the
				  Tar-Pamlico nutrient strategy, the Commission established in the initial
				  Tar-Pamlico nutrient rules, enacted in 2000 and 2001, goals of reducing the
				  average annual load of nitrogen delivered to the Pamlico River Estuary from
				  nutrient sources to a level 30 percent below a 1991 baseline, and thereafter
				  maintaining it at or below that level, and of reducing average annual
				  phosphorus load to 1991 baseline level and thereafter maintaining it at or
				  below that level. This Tar-Pamlico nutrient strategy continues these
				  goals.
(3) RULES ENUMERATED. The
				  rules of the Tar-Pamlico nutrient strategy are titled as follows:
(a) Rule .0730 Purpose and Scope;
(b) Rule .0731 Stormwater Management for New
				  Development;
(c) Rule .0732
				  Agriculture;
(d) Rule .0733
				  Non-Association Dischargers;
(e)
				  Rule .0259 Riparian Buffer Protection; and
(f) Rule .0261 Buffer Program
				  Delegation.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter B - SURFACE WATER AND WETLAND STANDARDS › Section .0700 - NUTRIENT MANAGEMENT STRATEGY RULES FOR SURFACE WATERS › Section 02B .0731 - TAR-PAMLICO NUTRIENT STRATEGY: STORMWATER

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  PURPOSE. The purpose of this Rule is to achieve and maintain the nitrogen and
				  phosphorus loading reduction goals for the Tar-Pamlico River Estuary set out in
				  Rule .0730 of this Section from an undeveloped condition on lands in the
				  Tar-Pamlico River Basin on which development occurs. Nothing in this Rule
				  preempts local governments from implementing requirements that are more
				  restrictive than those set forth in this Rule.
(b) APPLICABILITY. The following local
				  governments shall implement the stormwater management requirements of this
				  Rule, except as noted in Subparagraph (c)(1) of this Rule where the Department
				  shall implement them. Municipalities shall implement this Rule throughout their
				  corporate limits and extraterritorial jurisdictions within the basin, while
				  counties shall implement throughout their territorial jurisdictions within the
				  basin. Counties named in this Paragraph may implement this Rule within
				  municipalities not named in accordance with
				  G.S.
				  160A-360(d).
(1) Local governments designated under this
				  Rule effective April 2001:
(A)
				  Greenville;
(B)
				  Henderson;
(C) Oxford;
(D) Rocky Mount;
(E) Tarboro;
(F) Washington;
(G) Beaufort County;
(H) Edgecombe County;
(I) Franklin County;
(J) Nash County; and
(K) Pitt County.