reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter I - HEARINGS › Section .0100 - SCOPE: DEFINITIONS: DELEGATIONS › Section 02I .0104 - REPEALED - AUTHORIZED HEARING OFFICERS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.4(e);
					 150B-32;
Eff.
					 February 1, 1976;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. February 16, 2019;
Repealed Eff.
					 February 1, 2021.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter I - HEARINGS › Section .0100 - SCOPE: DEFINITIONS: DELEGATIONS › Section 02I .0105 - REQUIREMENTS OF HEARING OFFICER OR PANEL

Current through Register Vol. 39, No. 2, July 15, 2024
Notwithstanding Rule .0103 of this Section, the Chair of
					 the Commission may designate one or more of Commission members as hearing
					 officer(s) for any hearing. A Commission member may be designated based on
					 factors such as availability, expertise, interest, or the subject matter of the
					 Rule(s).
Authority
					 G.S.
					 143-215.3(a)(3);
Eff. February 1, 1976;
Amended Eff. July 1, 1988;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. February 16, 2019;
Amended Eff.
					 February 1, 2021.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter I - HEARINGS › Section .0100 - SCOPE: DEFINITIONS: DELEGATIONS › Section 02I .0106 - REPEALED - DEPARTMENT HEARING RULES

Current through Register Vol. 39, No. 2, July 15, 2024
G.S. 87-87;
					 87-92;
					 143-215.3(a)(1);
					 143-215.4;
					 150B-14;
Eff. May 1,
					 1986;
Repealed Eff. February 1,
					 2021.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter I - HEARINGS › Section .0200 - RULE MAKING HEARINGS: NOTICE: PROCEDURES › Section 02I .0201 - REPEALED - REQUIREMENT

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 150B-12;
Eff. February 1,
					 1976;
Repealed Eff. July 1, 1988.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter I - HEARINGS › Section .0200 - RULE MAKING HEARINGS: NOTICE: PROCEDURES › Section 02I .0202 - REPEALED - NOTICE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 150B-12;
					 143-214.1(e);
					 143-215.13(c);
					 87-87;
Eff. February
					 1, 1976;
Repealed Eff. March 1,
					 1988.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter I - HEARINGS › Section .0200 - RULE MAKING HEARINGS: NOTICE: PROCEDURES › Section 02I .0203 - PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any person
				  desiring to comment on the proposed action may do so either in writing or by
				  oral presentation. Any person may file a written statement or argument
				  concerning the proposed action prior to the close of the hearing
				  record.
(b) The hearing officer(s)
				  shall consider all written and oral submissions and submit recommendations
				  concerning the proposed action to the Commission following the close of the
				  hearing record.
Authority
					 G.S.
					 143-214.1(e);
					 143-215.13(c);
Eff. February 1, 1976;
Amended Eff. July 1, 1988;
Readopted Eff. February 1, 2021.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter I - HEARINGS › Section .0300 - ADMINISTRATIVE HEARINGS › Section 02I .0301-.0302

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 87-87;
					 87-92;
					 143-215.3(a);
					 143-215.3(a)(1);
					 143-215.4;
					 150B-2;
					 150B-23;
Eff.
					 February 1, 1976;
Amended Eff. September 1, 1988; July 1, 1988; May
					 1, 1986; June 15, 1980;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. February 16, 2019;
Repealed Eff.
					 February 1, 2021.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter I - HEARINGS › Section .0300 - ADMINISTRATIVE HEARINGS › Section 02I .0303-0306

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 87-92;
					 143-215.1(a)(3),(4);
					 143-215.4;
					 143-215.15(f);
					 143-215.113;
					 150B-1.23,-24,-27,-33,-34,-37;
					 150B, Article 3;
Eff. February 1, 1976;
Amended Eff.
					 June 15, 1980; November 1, 1978;
Repealed Eff. July 1,
					 1988.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter I - HEARINGS › Section .0400 - SPECIAL HEARINGS › Section 02I .0401 - REPEALED - CLEAN WATER BOND ACT: REQUESTS: NOTICE: PROCEDURE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority 1971
					 Session Laws c. 909; 1973 Session Laws c. 232;
Eff. February 1,
					 1976;
Repealed Eff. July 1, 1988.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter I - HEARINGS › Section .0400 - SPECIAL HEARINGS › Section 02I .0402 - REPEALED - WATER QUALITY DISCHARGE PERMITS: NOTICE: PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.1(c)(3);
Eff. February 1, 1976;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. February 16, 2019;
Repealed Eff.
					 February 1, 2021.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter I - HEARINGS › Section .0500 - PETITIONS FOR RULEMAKING › Section 02I .0501 - FORM AND CONTENTS OF PETITION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Any person wishing to request the adoption, amendment, or repeal of a rule of
				  the Commission shall make the request in a petition addressed to the Director
				  of the appropriate division of the Department of Environmental Quality, and a
				  copy in electronic form shall also be sent to the Recording Clerk of the
				  Commission:
Director
Division of Air Quality
1641 Mail Service Center
Raleigh, North Carolina 27699-1641
Director
Division of Energy, Mineral, and Land Resources
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
Director
Division of Mitigation Services
1652 Mail Service Center
Raleigh, North Carolina 27699-1652
Director
Division of Waste Management
1646 Mail Service Center
Raleigh, North Carolina 27699-1646
Director
Division of Water Resources
1611 Mail Service Center
Raleigh, North Carolina 27699-1611
Recording Clerk of the Commission
Directors Office
Division of Water Resources
1611 Mail Service Center
Raleigh, NC 27699-1611
EMCclerk@ncdenr.gov
(b) The petition shall contain the following
				  information:
(1) the text of the proposed
				  rule(s) for adoption or amendment;
(2) a statement of the reasons for adoption
				  or amendment of the proposed rule(s), or the repeal of an existing
				  rule(s);
(3) a statement of the
				  effect on existing rules or orders;
(4) the name(s) and address(es) of the
				  petitioner(s); and
(5) a request to
				  present the petition to the committee in accordance with Rule .0502 of this
				  Section, if desired.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter I - HEARINGS › Section .0500 - PETITIONS FOR RULEMAKING › Section 02I .0502 - REVIEW BY A COMMITTEE OF THE COMMISSION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The Chair of the Commission may refer complete petitions to the appropriate
				  subject area Committee of the Commission for review and recommended action.
				  Copies of petitions for rulemaking shall be distributed to the Commission
				  members when referred to a Committee of the Commission.
(b) Within 10 days of the assignment of the
				  complete petition, the Chair of the Committee assigned to review a submitted
				  petition for rulemaking shall announce the date of a meeting to consider the
				  petition.
(c) At least 15 days
				  before the Committee meeting, notice of the Committee meeting shall be sent to
				  the petitioner, members of the Commission, and persons who have requested
				  notice of petitions for rulemaking.
(d) If the petition is referred to a
				  Committee, the petitioner shall be afforded the opportunity to present the
				  petition for rulemaking to the Committee. The Director, division staff or their
				  legal counsel may make a presentation to the Committee.
(e) The Chair of the Committee shall allow
				  one interested person to present the viewpoint of those who oppose initiating
				  rulemaking. The Chair of the Committee may determine whether additional
				  interested persons shall make oral presentations before the
				  Committee.
(f) At least 10 days
				  before the Committee meeting, interested persons shall request the opportunity
				  to make a presentation to the Committee through the Director. The request
				  shall:
(1) state the interest of the
				  person;
(2) state the person's
				  position on the petition for rulemaking; and
(3) be accompanied by supporting
				  materials.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter I - HEARINGS › Section .0500 - PETITIONS FOR RULEMAKING › Section 02I .0503 - PRESENTATION TO THE COMMISSION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Petitions for rulemaking shall be presented to the Commission for its
				  consideration and determination at a meeting of the Commission within 120 days
				  following the date of submittal of the petition to the appropriate Division
				  pursuant to Rule .0501 of this Section. If the petition for rulemaking was
				  reviewed by a Committee pursuant to Rule .0502 of this Section, the petition
				  and the Committee's recommended action shall be presented through the Chair of
				  the Committee or other designated member of the Committee during the business
				  session of the Commission. Unless the Chair of the Commission rules otherwise,
				  discussion on the petition shall be limited to the members of the Commission,
				  counsel to the Commission, the Director, or the Division's legal counsel and
				  the petitioner or its legal counsel.
(b) For petitions not referred to a
				  Committee, the Chair of the Commission shall allow one interested person to
				  present the viewpoint of those who oppose initiating rulemaking. The Chair of
				  the Commission may determine whether additional interested persons shall make
				  oral presentations before the Commission. At least 10 days before the
				  Commission meeting, interested persons shall request the opportunity to make a
				  presentation to the Commission through the Director. The request shall:
(1) state the interest of the
				  person;
(2) state the person's
				  position on the petition for rulemaking; and
(3) be accompanied by supporting
				  materials.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter I - HEARINGS › Section .0500 - PETITIONS FOR RULEMAKING › Section 02I .0504 - REPEALED - RECOURSE TO DENIAL OF PETITION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143B-282;
					 150B-20;
Eff. April
					 1, 2003;
Repealed Eff. February 1,
					 2021.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter I - HEARINGS › Section .0600 - DECLARATORY RULINGS › Section 02I .0601 - ISSUANCE OF DECLARATORY RULING

Current through Register Vol. 39, No. 2, July 15, 2024
At the request of any person aggrieved, as defined in
					 G.S.
					 150B-2(6), the Commission
					 may issue a declaratory ruling as provided in
					 G.S.
					 150B-4 and the Rules of this
					 Section.
Authority
					 G.S.
					 143B-282;
					 150B-4;
Eff. August
					 1, 2004;
Readopted Eff. February 1,
					 2021.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter I - HEARINGS › Section .0600 - DECLARATORY RULINGS › Section 02I .0602 - PROCEDURE FOR SUBMISSION OF PETITION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  All requests for a declaratory ruling shall be filed with the Director of the
				  appropriate Division and a copy in electronic form shall also be sent to the
				  Recording Clerk of the Commission:
Director
Division of Air Quality
1641 Mail Service Center
Raleigh, NC 27699-1641
Director
Division of Energy, Mineral, and Land Resources
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
Director
Division of Mitigation Services
1652 Mail Service Center
Raleigh, NC 27699-1652
Director
Division of Waste Management
1646 Mail Service Center
Raleigh, North Carolina 27699-1646
Director
Division of Water Resources
1611 Mail Service Center
Raleigh, NC 27699-1611
Recording Clerk of the Commission
Directors Office
Division of Water Resources
1611 Mail Service Center
Raleigh, NC 27699-1611
EMCclerk@ncdenr.gov
(b) All requests shall include the following:
(1) name and address of
				  petitioner(s);
(2) the rule,
				  statute or order upon which a ruling is desired;
(3) a statement as to whether the request is
				  for a ruling on:
(A) the validity of a rule;
				  or
(B) the applicability of a rule,
				  order or statute to a given factual situation; or
(C) a conflict or inconsistency within the
				  Commission or the Department regarding interpretation of a law or rule adopted
				  by the Commission;
(4)
				  arguments or data which demonstrate that the petitioner is aggrieved by the
				  rule or statute or its potential application to the petitioner;
(5) a statement of the consequences of a
				  failure to issue a declaratory ruling in favor of the petitioner;
(6) a draft of the proposed ruling;
				  and
(7) a statement of whether an
				  oral argument is desired, and, if so, the reason(s) for requesting such an oral
				  argument.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter I - HEARINGS › Section .0600 - DECLARATORY RULINGS › Section 02I .0603 - DISPOSITION OF REQUEST

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Chair of
				  the Commission shall make a determination on the completeness of the request
				  for declaratory ruling based on the requirements of this Section.
(b) Before the Commission decides the merits
				  of the request, the Chair of the Commission may:
(1) request additional written submissions
				  from the petitioner(s);
(2) request
				  a written response from the Department or any other person;
(3) allow the petitioner to file a reply to
				  the response submitted in Subparagraph (2) of this Paragraph; or
(4) request oral arguments from the
				  petitioner(s) and Department staff or their legal counsel.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter J - CIVIL PENALTIES › Section 02J .0101 - REPEALED - PURPOSE AND SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143-215.3(a)(1);
Eff. February 1, 1976;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. February 16, 2019;
Repealed Eff.
				  January 1, 2021.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter J - CIVIL PENALTIES › Section 02J .0102-.0104

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  87-87;
				  87-94,
				  143-212(6);
				  143-213(18);
				  143-214.2;
				  143-215.3(a)(1);
				  143-215.3(a)(4);
				  143-215.6(A);
				  143-215.17(b);
				  143-215.36(b);
				  143-215.88A;
				  143-215.91(a);
				  143-215.114(a);
Eff. February 1, 1976;
Amended Eff. May 1, 1986; November 1, 1978;
				  September 10, 1976;
Temporary Amendment Eff. September 9, 1988 for
				  a Period of 180 Days to Expire on March 8, 1989;
Amended Eff.
				  August 1, 2012 (see S.L. 2012-143, s.1.(f)); January 1, 1991; March 1,
				  1989;
Repealed Eff. January 1,
				  2021.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter J - CIVIL PENALTIES › Section 02J .0105 - REPEALED - AMOUNT OF ASSESSMENT

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  87-87;
				  87-94;
				  143-215.3(a);
				  143-215.6(a);
				  143-215.17(b);
143-215.36(b); 143-215.91(a); 143-215.114(a);
Eff. February 1,
				  1976;
Amended Eff. May 1, 1986; June 1, 1981;
Repealed
				  Eff. July 1, 1988.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter J - CIVIL PENALTIES › Section 02J .0106-.0111

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  87-87;
				  87-94;
				  143-215.3(a)(1),(3);
				  143-215.6(a);
				  143-215.17(b);
				  143-215.36(b);
				  143-215.91(a);
				  143-215.114(a);
Eff. February 1, 1976;
Amended Eff. May 1, 1986; June 15, 1980; May
				  31, 1979;
Repealed Eff. January 1,
				  2021.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter K - DAM SAFETY › Section .0100 - GENERAL PROVISIONS › Section 02K .0101-0102

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.25;
					 143-215.32;
					 143-215.34;
Eff.
					 January 22, 1977;
Amended Eff. November 1, 1978;
Repealed Eff. June 15, 1980.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter K - DAM SAFETY › Section .0100 - GENERAL PROVISIONS › Section 02K .0103 - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
The rules and regulations contained in this Subchapter are
					 intended to carry out the purposes of the Dam Safety Law of 1967, as expressed
					 in G.S.
					 143-215.24 which authorizes the
					 implementation of a dam inspection and certification program in the interest of
					 public health, safety and welfare.
Authority
					 G.S.
					 143-215.31;
					 143-215.34;
Eff. June
					 15, 1980;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. December 23,
					 2017.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter K - DAM SAFETY › Section .0100 - GENERAL PROVISIONS › Section 02K .0105 - CLASSIFICATION OF DAMS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) For the
				  purposes of this Subchapter, dams shall be divided into three classes, which
				  shall be known as class A (low hazard), class B (intermediate hazard), and
				  class C (high hazard):
(1) Class A includes
				  dams located where failure may damage uninhabited low value non-residential
				  buildings, agricultural land, or low volume roads.
(2) Class B includes dams located where
				  failure may damage highways or secondary railroads, cause interruption of use
				  or service of public utilities, cause minor damage to isolated homes, or cause
				  minor damage to commercial and industrial buildings. Damage to these structures
				  will be considered minor only when they are located in back water areas not
				  subjected to the direct path of the breach flood wave; and they will experience
				  no more than 1.5 feet of flood rise due to breaching above the lowest ground
				  elevation adjacent to the outside foundation walls or no more than 1.5 feet of
				  flood rise due to breaching above the lowest floor elevation of the structure,
				  the lower of the two elevations governing. All other damage potential will be
				  considered serious.
(3) Class C
				  includes dams located where failure will likely cause loss of life or serious
				  damage to homes, industrial and commercial buildings, important public
				  utilities, primary highways, or major railroads.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter K - DAM SAFETY › Section .0200 - OBTAINING APPROVAL FOR DAM CONSTRUCTION: REPAIR:OR REMOVAL › Section 02K .0201 - APPLICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any person(s)
				  who proposes to construct, repair, alter or remove a dam must file with the
				  Director a statement concerning the location of the dam, including the name of
				  the stream and county, height, purpose, and impoundment capacity, 10 days
				  before start of construction. If the Director determines that the proposed dam
				  is exempt from the law, the applicant will be notified and he may then proceed
				  with the construction.
(b) If the
				  Director determines that the proposed dam is not exempt from the Dam Safety Law
				  of 1967, the applicant will be so notified within 10 days of receipt of the
				  statement described in (a) of this Rule and construction may not commence until
				  a full and complete application has been filed and approved. This application
				  must be filed at least 60 days before the proposed start of construction:
(1) When an application to construct a dam
				  has been completed pursuant to Subsection (a) of this Rule, the department
				  shall refer copies of the completed application papers to the Department of
				  Human Resources, the Wildlife Resources Commission, the Department of
				  Transportation, and such other state and local agencies as it deems appropriate
				  for review and comment.
(2) Before
				  commencing the repair, alteration, or removal of a dam, application shall be
				  made for written approval by the department, except as otherwise provided by
				  this Subchapter or in accordance with
				  G.S.
				  143-215.27(b). The
				  application shall state the name and address of the applicant; shall adequately
				  detail the changes it proposes to effect; and shall be accompanied by maps,
				  plans, and specifications setting forth such details and dimensions as the
				  department requires. The department may waive such requirements in accordance
				  with G.S.
				  143-215.27(a). The
				  application shall give such other information concerning the dam and reservoir
				  required by the department concerning the safety of any change as it may
				  require, and shall state the proposed time of commencement and completion of
				  the work. When an application has been completed, it may be referred by the
				  department for agency review and report as provided by
				  G.S.
				  143-215.26(b) in the case of
				  original construction.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter K - DAM SAFETY › Section .0200 - OBTAINING APPROVAL FOR DAM CONSTRUCTION: REPAIR:OR REMOVAL › Section 02K .0202 - CERTIFICATE OF APPROVAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Approval of
				  construction, repair, alteration, or removal of a dam will be contained in a
				  certificate called a "Certificate of Approval" to be issued by the Director. A
				  Certificate of Approval is a letter from the Director constituting approval
				  subject to written general stipulations and specific written stipulations
				  deemed necessary by the Director on a case by case basis.
(b) No construction shall be performed until
				  the certificate is issued. The Certificate of Approval period shall be valid
				  for the construction schedule specified in the approved final design report.
				  Construction must commence within one year after the certificate is
				  issued.
(c) Notice by registered or
				  certified mail shall be given to the Director at least 10 days before
				  construction is commenced. When repairs are necessary to safeguard life and
				  property, they may be started immediately; but the department shall be notified
				  forthwith of the proposed repairs and of the work under way, and they shall be
				  made to conform to its orders.
(d)
				  If construction does not commence within one year after the certificate of
				  approval is issued, the certificate shall expire and a new application shall be
				  submitted. Upon written application and for good cause shown, the Director may
				  extend the time for commencing construction.
(e) Certificates of Approval are revocable in
				  the event that the terms of the certificate, including the written stipulations
				  and those terms stated in
				  G.S.
				  143-215.23, are violated or in the event that
				  conditions develop during construction that are hazardous to life and property.
				  If the certificate is revoked due to development of hazardous conditions, the
				  Director will issue an order requiring the owner or owners of the dam to make
				  at his or their expense maintenance, alterations, or removal as deemed
				  necessary within a time limited by the order; provided, any dam covered by a
				  certificate issued under this Rule is considered to be within the definition of
				  dams in G.S. 143-215.25 and .0104 of this
				  Subchapter.
(f) Certificates of
				  Approval are revocable in the event that the approved construction schedule is
				  deviated from without prior written approval of a substitute construction
				  schedule submitted in writing. Such approval of a substitute construction
				  schedule shall be in the form of an Addendum to the Certificate of Approval to
				  be issued by the Director.
Authority
					 G.S.
					 143-215.26,-27,-31;
Eff. June 15,
					 1980;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. December 23,
					 2017.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter K - DAM SAFETY › Section .0200 - OBTAINING APPROVAL FOR DAM CONSTRUCTION: REPAIR:OR REMOVAL › Section 02K .0203 - PROFESSIONAL ENGINEER REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
The design, preparation of the plans and specifications,
					 inspection of the construction of or on the dam, and certification that the dam
					 was constructed, repaired, altered, or removed according to the plans approved
					 by the Director and that the dam or its remains are safe shall be done by a
					 legally qualified engineer and shall bear his professional seal unless exempted
					 under the provisions of
					 G.S.
					 89C-25.
Authority
					 G.S.
					 143-215.29,-31;
Eff. June 15,
					 1980;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. December 23,
					 2017.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter K - DAM SAFETY › Section .0200 - OBTAINING APPROVAL FOR DAM CONSTRUCTION: REPAIR:OR REMOVAL › Section 02K .0204 - INVESTIGATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) General. The
				  applicant shall be required to complete all investigations prior to submission
				  of the final plans and application. The scope and the degree of precision that
				  will be required for a specific project will depend on the conditions of the
				  site and the hazard created by the proposed structure.
(b) Foundations and Abutments. The foundation
				  and abutments investigation shall consist of borings, test pits, and other
				  subsurface exploration necessary to assess the soil, rock, and groundwater
				  conditions. Geologic profiles and a geologic report prepared by a qualified
				  geologist may be required for class B dams and shall be required for class C
				  dams.
(c) Construction Materials.
				  Specifications for construction materials shall establish minimum acceptance
				  criteria so that design properties are achieved. If the use of on site borrow
				  materials is specified, exploration, testing, and calculations should be
				  performed to indicate that there are sufficient quantities of material
				  available that meet the design criteria.
(d) Surveys. Surveys shall be made with
				  sufficient accuracy to locate the proposed construction and to define the
				  volume of the storage in the reservoir. The downstream area shall be
				  investigated in order to delineate the area of potential damage in case of
				  failure. Locations of centerlines, and other horizontal and vertical control
				  points, shall be shown on a map of the site.
(e) Hydrologic Investigation. The drainage
				  area shall be determined. Both present and projected future land use shall be
				  considered in determining the runoff characteristics of the drainage area. The
				  most severe of these two conditions shall be used in the design. All hydrologic
				  assumptions and design calculations shall be included in the report.
Authority
					 G.S.
					 143-215.26,-27,-31;
Eff. June 15,
					 1980;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. December 23,
					 2017.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter K - DAM SAFETY › Section .0200 - OBTAINING APPROVAL FOR DAM CONSTRUCTION: REPAIR:OR REMOVAL › Section 02K .0206 - CONDUITS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A conduit shall
				  be provided to drain each reservoir. The conduit design shall include the
				  computation of the minimum time required to drain the reservoir.
(b) All pipe conduits shall convey water at
				  the design velocity without damage to the interior surface.
(c) Protection shall be provided to prohibit
				  unsafe seepage along conduits through the dam, abutments, and foundation. The
				  specific design for seepage protection along conduits shall be shown in the
				  drawings and specifications.
(d)
				  Adequate allowances shall be incorporated in the design to compensate for
				  differential settlement and possible elongation of the pipe conduit.
(e) Trash racks shall be installed at the
				  intake of conduits to prevent clogging the conduit.
(f) Pipe Conduit Spillway Materials
(1) Pipe conduits shall be designed to
				  support the total external loads in addition to the total internal hydraulic
				  pressure without leakage.
(2)
				  Reinforced or Prestressed Concrete Pipe Conduits
(A) All conduits are to be designed and
				  constructed to remain watertight under maximum anticipated hydraulic pressure
				  and maximum probable joint opening, including the effects of joint rotation and
				  extensibility.
(B) Provisions for
				  safe movement of the barrel are to be provided at each joint in the barrel and
				  at the junction of the barrel and riser or inlet. Cradles are to be articulated
				  if constructed on a yielding foundation.
(C) The engineer shall submit the final
				  design details of the proposed pipe to be used for all class A dams where the
				  height of the dam exceeds 35 feet and all class B and C dams.
(3) Corrugated Metal Pipe Conduits
(A) Corrugated metal pipe shall not be used
				  in class A dams over 35 feet high or in class B and C dams, except for special
				  cases when the design engineer can adequately demonstrate satisfactory
				  performance.
(B) Corrugated metal
				  pipe may be used in class A dams which are less than 35 feet high.
(C) Corrugated metal conduits shall have
				  watertight connecting bands designed and installed to remain watertight under
				  maximum anticipated hydrostatic head and joint rotation.
(D) Flange type couplings shall not be used
				  for corrugated metal pipe or corrugated steel pipe where the diameter exceeds
				  12 inches unless the applicant produces computations to verify that the flanges
				  and the pipe conduit are of such design to safely support the total external
				  loads in addition to the total internal hydraulic pressure without
				  leakage.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter K - DAM SAFETY › Section .0200 - OBTAINING APPROVAL FOR DAM CONSTRUCTION: REPAIR:OR REMOVAL › Section 02K .0207 - SEEPAGE CONTROL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All dams shall
				  be designed and constructed to prevent the development of instability due to
				  excessive seepage forces, uplift forces, or loss of materials in the
				  embankment, abutments, spillway areas, or foundation. Seepage analysis for
				  design shall identify areas having high internal uplift or exit
				  gradients.
(b) The design may
				  include an embankment internal drainage system, a zoned embankment, a
				  foundation cut-off, an upstream blanket, a sufficiently wide homogeneous
				  section, or other methods to protect against instability from excessive seepage
				  forces or high hydraulic gradients.
(c) For class C dams, a flow net analysis
				  shall be made to determine the location of the phreatic surface, flow lines,
				  and equipotential lines within the embankment and its foundation. This analysis
				  may be based on graphical construction, electrical or liquid analogs, soil
				  prototype methods, or other accepted methods. The flow net and stability
				  analysis shall use the maximum operating pool level with not less than five
				  feet of clear water at the surface. Possible fluctuations in tail water
				  elevation shall be included in the analysis. The flow net and seepage analysis
				  shall be documented in the final design report, as required by .0201(d)(4) of
				  this Section.
(d) Piezometers for
				  confirming the location of the phreatic surface assumed for seepage and slope
				  stability analyses should be considered by the design engineer for class A and
				  class B dams and shall be required for class C dams. Where piezometers are
				  required, their design, depths, and locations shall be provided as required in
				  .0201(d) and .0212(b) of this Section.
Authority
					 G.S.
					 143-215.26;
					 143-215.27;
					 143-215.31;
Eff. June
					 15, 1980;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. December 23,
					 2017.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter K - DAM SAFETY › Section .0200 - OBTAINING APPROVAL FOR DAM CONSTRUCTION: REPAIR:OR REMOVAL › Section 02K .0208 - STRUCTURAL STABILITY AND SLOPE PROTECTION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Design and construction of dams to assure structural stability shall be
				  consistent with modern engineering practice. The scope and degree of precision
				  that will be required for a specific project will depend on the conditions of
				  the site and the damage potential of the proposed structure. Consideration in
				  design for structural stability shall include, but are not necessarily limited
				  to, the following:
(1) the hazard potential of
				  the dam under present downstream conditions and under conditions which would
				  likely develop during the life of the reservoir;
(2) foundation bearing capacity,
				  compressibility, and permeability; the extent and reliability of the site
				  investigation; and the predictability of the site and foundation
				  conditions;
(3) the reliability of
				  construction materials, such as borrow soils, in terms of sufficient volume to
				  complete construction without unanticipated interruption and in terms of
				  predictability of physical properties such as strength, permeability, and
				  compressibility;
(4) durability of
				  construction materials;
(5)
				  construction conditions at the site;
(6) the degree of quality control to be
				  exercised during construction;
(7)
				  pore pressure build-up during construction;
(8) the rate of filling the reservoir and the
				  rate of possible reservoir drawdown;
(9) tailwater conditions and the impact of
				  tailwater drawdown;
(10) possible
				  effects of landslides and subsurface solution activity on the structural
				  stability of the dam and spillway structures;
(11) the extent of piezometers and other
				  devices which will be used to monitor the completed dam and the degree of
				  access for inspections.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter K - DAM SAFETY › Section .0200 - OBTAINING APPROVAL FOR DAM CONSTRUCTION: REPAIR:OR REMOVAL › Section 02K .0209 - DESIGN LIFE OF A DAM AND RESERVOIR

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The selection of materials and equipment to be used in a dam and all of its
				  appurtenant features shall either be based on sufficient quality and durability
				  to satisfactorily function throughout the design life or shall provide for safe
				  and economical replacement within the design life span.
(b) The design life of a dam and reservoir is
				  the period of time the dam and reservoir can be expected to perform effectively
				  as planned. The design life of a dam shall be determined by the following:
(1) the time required to fill the reservoir
				  with sediment from the contributing watershed,
(2) the durability of appurtenances and
				  materials used to construct the dam,
(3) the time required to permanently fill a
				  waste treatment or storage facility with waste,
(4) the time required to perform the specific
				  function for which the dam was designed.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter K - DAM SAFETY › Section .0200 - OBTAINING APPROVAL FOR DAM CONSTRUCTION: REPAIR:OR REMOVAL › Section 02K .0210 - SEDIMENT CONTROL

Current through Register Vol. 39, No. 2, July 15, 2024
Sediment control related to earth moving activities
					 involved in construction or repair of dams shall be provided in accordance with
					 the North Carolina Sediment Pollution Control Act of 1973 (G.S.
					 113A-50 through
					 113A-66). Devices for sediment
					 control during drainage of a reservoir shall be provided; exceptions for
					 emergency drainage of a reservoir may be approved by the
					 Director.
Authority
					 G.S.
					 143-215.31, -113A-54;
Eff. June
					 15, 1980;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. December 23,
					 2017.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter K - DAM SAFETY › Section .0200 - OBTAINING APPROVAL FOR DAM CONSTRUCTION: REPAIR:OR REMOVAL › Section 02K .0211 - WASTE TREATMENT AND MINE REFUSE DAMS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Waste treatment and mine refuse dams and reservoirs shall conform to all
				  requirements of this Subchapter. In addition to the requirements of Rule .0105
				  of this Subchapter, a waste treatment or mine refuse dam may be classified A,
				  B, or C on the basis of potential environmental damage.
(b) Mine refuse dams that are designed to be
				  constructed in stages shall include an emergency spillway system that is
				  capable of safely passing the required storm frequency below the top of the dam
				  for each stage of construction. The refuse facility shall not be used until
				  each stage of construction is completed and approved by the Director.
Authority
					 G.S.
					 143-215.31;
Eff. June 15,
					 1980;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. December 23,
					 2017.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter K - DAM SAFETY › Section .0200 - OBTAINING APPROVAL FOR DAM CONSTRUCTION: REPAIR:OR REMOVAL › Section 02K .0212 - ADDITIONAL DESIGN REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All elements of the dam and reservoir
				  shall conform to generally accepted engineering standards. The safety factors,
				  design standards, and design references that are used shall be included with
				  the final design report and the plans and specifications as set forth in Rule
				  .0201 of this Section.
(b)
				  Monitoring or inspection devices may be required by the Director for use by
				  inspectors or owners in the inspection during construction and filling and
				  after completion of construction if the Director determines that these measures
				  are needed to carry out the purposes of the Dam Safety Law of 1967. The
				  Director shall also require that monitoring or inspection devices be observed
				  and the information recorded and made available to the Department.
(c) The plans, construction schedule, and
				  construction specification shall also contain the elements necessary to achieve
				  the conditions specified in
				  G.S.
				  143-215.31(b).
Authority
					 G.S.
					 143-215.26;
					 143-215.27;
					 143-215.31;
Eff. June
					 15, 1980;
Readopted Eff. December 1,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter K - DAM SAFETY › Section .0200 - OBTAINING APPROVAL FOR DAM CONSTRUCTION: REPAIR:OR REMOVAL › Section 02K .0213 - CONSTRUCTION SCHEDULE

Current through Register Vol. 39, No. 2, July 15, 2024
The applicant shall submit a construction schedule that
					 includes:
(1) Techniques and work
				  force to be used to insure that the dam is constructed according to the plans
				  and specifications;
(2) A
				  construction schedule that includes the estimated time to complete the
				  construction activities;
(3)
				  Techniques to be used to divert the stream flow to prevent interference with
				  construction and hazard to life, health, or property;
(4) The extent and method of quality control
				  shall be subject to approval of the Director.
Authority
					 G.S.
					 143-215.26;
					 143-215.27;
					 143-215.31;
Eff. June
					 15, 1980;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. December 23,
					 2017.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter K - DAM SAFETY › Section .0200 - OBTAINING APPROVAL FOR DAM CONSTRUCTION: REPAIR:OR REMOVAL › Section 02K .0214 - PROPOSED CHANGES IN DESIGN

Current through Register Vol. 39, No. 2, July 15, 2024
The owner shall notify the director of any proposed changes
					 in design, plans, and specifications that will affect the stability of the dam.
					 Approval must be obtained from the Director prior to installation. This
					 approval shall be in the form of a written addendum to the Certificate of
					 Approval.
Authority
					 G.S.
					 143-215.26;
					 143-215.27;
					 143-215.31;
Eff. June
					 15, 1980;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. December 23,
					 2017.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter K - DAM SAFETY › Section .0200 - OBTAINING APPROVAL FOR DAM CONSTRUCTION: REPAIR:OR REMOVAL › Section 02K .0215 - AS BUILT PLANS

Current through Register Vol. 39, No. 2, July 15, 2024
Two complete sets of as-built plans shall be submitted to
					 the Director within 30 days of completion of the project.
Authority
					 G.S.
					 143-215.30;
					 143-215.31;
Eff. June
					 15, 1980;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. December 23,
					 2017.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter K - DAM SAFETY › Section .0200 - OBTAINING APPROVAL FOR DAM CONSTRUCTION: REPAIR:OR REMOVAL › Section 02K .0216 - ENGINEER'S CERTIFICATION

Current through Register Vol. 39, No. 2, July 15, 2024
The engineer who has inspected the construction of or on
					 the dam shall submit written certification bearing his professional seal,
					 unless exempted under the provisions of
					 G.S.
					 89C-25, that the dam and all appurtenances
					 have been built, repaired, altered, or removed in conformance with the plans,
					 specifications, and drawings approved by the Director and that the dam is
					 safe.
Authority
					 G.S.
					 143-215.30;
					 143-215.31;
Eff. June
					 15, 1980;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. December 23,
					 2017.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter K - DAM SAFETY › Section .0200 - OBTAINING APPROVAL FOR DAM CONSTRUCTION: REPAIR:OR REMOVAL › Section 02K .0217 - AUTHORITY FOR INSPECTION

Current through Register Vol. 39, No. 2, July 15, 2024
Authorized personnel of the department may make inspection
					 during construction as deemed necessary to ensure that the structure is being
					 built in conformance with the Certificate of Approval issued. Said inspections
					 do not relieve the engineer in charge from the responsibility of providing
					 adequate inspection of the work.
Authority
					 G.S.
					 143-215.29;
					 143-215.30;
					 143-215.31;
Eff. June
					 15, 1980;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. December 23,
					 2017.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter K - DAM SAFETY › Section .0200 - OBTAINING APPROVAL FOR DAM CONSTRUCTION: REPAIR:OR REMOVAL › Section 02K .0218 - REPEALED - EXEMPTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.21;
					 143-215.31;
Eff. June
					 15, 1980;
Amended Eff. November 1, 1985;
Repealed Eff.
					 July 1, 1988.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter K - DAM SAFETY › Section .0200 - OBTAINING APPROVAL FOR DAM CONSTRUCTION: REPAIR:OR REMOVAL › Section 02K .0219 - ACCEPTABLE DESIGN: PROCEDURES AND TECHNICAL REFERENCES

Current through Register Vol. 39, No. 2, July 15, 2024
The following represent acceptable design procedures and
					 references:
(1) the design procedures,
				  manuals, and criteria used by the United States Corps of Engineers;
(2) the procedures, manuals, and criteria
				  used by the United States Soil Conservation Service;
(3) the procedures, manuals, and criteria
				  used by the United States Department of Interior, Bureau of
				  Reclamation;
(4) other procedures
				  that are approved by the Director.
Authority
					 G.S.
					 143-215.31;
					 143-215.34;
Eff. June
					 15, 1980;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. December 23,
					 2017.