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 .0264 - JORDAN WATER SUPPLY 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 Jordan watershed will collectively limit their nitrogen and
					 phosphorus loading to the Jordan Reservoir, as prefaced in Rule
					 15A NCAC
					 02B .0262. This process is as follows:
(1) PURPOSE. The purposes of this Rule are to
				  achieve and maintain the percentage reduction goals defined in Rule
				  15A NCAC
				  02B .0262 for the collective agricultural
				  loading of nitrogen and phosphorus from their respective 1997-2001 baseline
				  levels, to the extent that best available accounting practices will allow. This
				  Rule aims to achieve the goals set out in
				  15A NCAC
				  02B .0262 within six to nine years, as set
				  out in Sub-Item (5)(b) of this Rule. Additionally this Rule will protect the
				  water supply uses of Jordan Reservoir and of designated water supplies
				  throughout the Jordan watershed.
(2) PROCESS. This Rule requires accounting
				  for agricultural land management practices at the county and subwatershed
				  levels in the Jordan watershed, and implementation of practices by farmers in
				  these areas to collectively achieve the nutrient reduction goals on a county
				  and subwatershed basis. Producers may be eligible to obtain cost share and
				  technical assistance from the NC Agriculture Cost Share Program and similar
				  federal programs to contribute to their counties' nutrient reductions. A
				  Watershed Oversight Committee, and if needed Local Advisory Committees, will
				  develop strategies, coordinate activities, and account for progress.
(3) LIMITATION. This Rule may not fully
				  address significant nutrient sources relative to agriculture in that it does
				  not directly address atmospheric sources of nitrogen to the Jordan watershed
				  from agricultural operations located both within and outside of the Jordan
				  watershed. As better information becomes available from ongoing research on
				  atmospheric nitrogen loading to the Jordan watershed from these sources, and on
				  measures to control this loading, the Commission may undertake separate
				  rule-making to require such measures it deems necessary from these sources to
				  support the goals of the Jordan Reservoir Nutrient Sensitive Waters
				  Strategy.
(4) APPLICABILITY. This
				  Rule shall apply to all persons engaging in agricultural operations in the
				  Jordan watershed, including those related to crops, horticulture, livestock,
				  and poultry. This Rule applies to livestock and poultry operations above the
				  size thresholds in this Item in addition to requirements for animal operations
				  set forth in general permits issued pursuant to
				  G.S.
				  143-215.10C. Nothing in this Rule shall be
				  deemed to allow the violation of any assigned surface water, groundwater, or
				  air quality standard by any agricultural operation, including any livestock or
				  poultry operation below the size thresholds in this Item. This Rule does not
				  require specific actions by any individual person or operation if the county or
				  counties in which they conduct operations can collectively achieve their
				  nutrient reduction targets, in the manner described in Item (5) of this Rule,
				  within six years of the effective date of this Rule. For the purposes of this
				  Rule, agricultural operations are activities that relate to any of the
				  following pursuits:
(a) The commercial
				  production of crops or horticultural products other than trees. As used in this
				  Rule, commercial shall mean activities conducted primarily for financial
				  profit.
(b) Research activities in
				  support of such commercial production.
(c) The production or management of any of
				  the following number of livestock or poultry at any time, excluding nursing
				  young:
(i) 5 or more horses;
(ii) 20 or more cattle;
(iii) 20 or more swine not kept in a feedlot,
				  or 150 or more swine kept in a feedlot;
(iv) 120 or more sheep;
(v) 130 or more goats;
(vi) 650 or more turkeys;
(vii) 3,500 or more chickens; or
(viii) Any single species of any other
				  livestock or poultry, or any combination of species of livestock or poultry,
				  that exceeds 20,000 pounds of live weight at any time.