North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter B - SURFACE WATER AND WETLAND STANDARDS › Section .0200 - CLASSIFICATIONS AND WATER QUALITY STANDARDS APPLICABLE TO SURFACE WATERS AND WETLANDS OF NORTH CAROLINA › Section 02B .0262 - JORDAN WATER SUPPLY NUTRIENT STRATEGY: PURPOSE AND SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
PURPOSE. The purpose of this Rule,
					 15A NCAC
					 02B .0263 through
					 02B .0273 and
					 02B .0311(p) shall be to restore
					 and maintain nutrient-related water quality standards in B. Everett Jordan
					 Reservoir; protect its classified uses as set out in
					 15A NCAC
					 02B .0216, including use as a source of water
					 supply for drinking water, culinary and food processing purposes; and maintain
					 or enhance protections currently implemented by local governments in existing
					 water supply watersheds. These Rules, as further enumerated in Item (3) of this
					 Rule, together shall constitute the Jordan water supply nutrient strategy, or
					 Jordan nutrient strategy. Additional provisions of this Rule include
					 establishing the geographic and regulatory scope of the Jordan nutrient
					 strategy, defining its relationship to existing water quality regulations,
					 setting specific nutrient mass load goals for Jordan Reservoir, providing for
					 the use of adaptive management to restore Jordan Reservoir, and citing general
					 enforcement authorities. The following provisions further establish the
					 framework of the Jordan water supply nutrient strategy:
(1) SCOPE. B. Everett Jordan Reservoir is
				  hereafter referred to as Jordan Reservoir. All lands and waters draining to
				  Jordan Reservoir are hereafter referred to as the Jordan watershed. Jordan
				  Reservoir and all waters draining to it have been supplementally classified as
				  Nutrient Sensitive Waters (NSW) pursuant to
				  15A NCAC
				  02B .0101(e)(3) and
				  15A NCAC
				  02B .0223. Water supply waters designated
				  WS-II, WS-III, and WS-IV within the Jordan watershed shall retain their
				  classifications. The remaining waters in the Jordan watershed are classified
				  WS-V as of the initial effective date of this Rule, August 11, 2009. The
				  requirements of all of these water supply classifications shall be retained and
				  applied except as specifically noted in Item (6) of this Rule and elsewhere
				  within the Jordan nutrient strategy. Pursuant to
				  G.S.
				  143-214.5(b), the entire
				  Jordan watershed shall be designated a critical water supply watershed and
				  through the Jordan nutrient strategy given additional, more stringent
				  requirements than the state minimum water supply watershed management
				  requirements. These requirements supplement the water quality standards
				  applicable to Class C waters, as described in Rule .0211 of this Section, which
				  apply throughout the Jordan watershed.
(2) STRATEGY GOAL. Pursuant to
				  G.S.
				  143-215.1(c5),
				  143-215.8B, and
				  143B-282(c) and
				  (d) of the Clean Water Responsibility Act of
				  1997, the Environmental Management Commission establishes the goal of reducing
				  the average annual loads of nitrogen and phosphorus delivered to Jordan
				  Reservoir from all point and nonpoint sources of these nutrients located within
				  its watershed, as specified in Item (5) of this Rule, and provides for adaptive
				  management of the strategy and goal, as specified in Item (8) of this
				  Rule.
(3) RULES ENUMERATED. The
				  second rule in the following list provides definitions for terms that are used
				  in more than one rule of the Jordan nutrient strategy. An individual rule may
				  contain additional definitions that are specific to that Rule. The rules of the
				  Jordan nutrient strategy are titled as follows:
(a) Rule. 0262 - Purpose and Scope;
(b) Rule. 0263 - Definitions;
(c) Rule. 0264 - Agriculture;
(d) Rule. 0265 - Stormwater Management for
				  New Development;
(e) Rule. 0266 -
				  Stormwater Management for Existing Development;
(f) Rule. 0267 - Protection of Existing
				  Riparian Buffers;
(g) Rule. 0268 -
				  Mitigation for Riparian Buffers;
(h) Rule. 0269 - Riparian Buffer Mitigation
				  Fees to the NC Ecosystem Enhancement Program;
(i) Rule. 0270 - Wastewater Discharge
				  Requirements;
(j) Rule. 0271 -
				  Stormwater Requirements for State and Federal Entities;
(k) Rule. 0272 - Fertilizer
				  Management;
(l) Rule. 0273 -
				  Options for Offsetting Nutrient Loads; and
(m) Rule. 0311 - Cape Fear River
				  Basin.