15aNCAC0100_0200_rules_valid_thru10.31.19

SUBCHAPTER 2B - SURFACE WATER AND WETLAND STANDARDS

SECTION .0100 - PROCEDURES FOR ASSIGNMENT OF WATER QUALITY STANDARDS

15A NCAC 02B .0101 GENERAL PROCEDURES
(a) The rules contained in Sections .0100, .0200 and .0300 of this Subchapter which pertain to the series of classifications and
water quality standards shall be known as the "Classifications and Water Quality Standards Applicable to the Surface Waters
and Wetlands of North Carolina."
(b) The Environmental Management Commission, prior to classifying and assigning standards of water quality to any waters
of the state, shall proceed as follows:
(1) The Commission, or its designee, shall determine waters to be studied for the purpose of classification and
assignment of water quality standards on the basis of user requests, petitions, or the identification of
existing or attainable water uses, as defined by 15A NCAC 2B .0202, not presently included in the water
classification.
(2) After appropriate studies of the identified waters to obtain the data and information required for
determining the proper classification of the waters or segments of water are completed, the Commission, or
its designee, shall make a decision on whether to initiate proceedings to modify the classifications and
water quality standards of identified waters. In the case of the Commission's designee deciding to initiate
said proceedings, the designee shall inform the Commission of the decision prior to scheduling a public
hearing.
(3) In the case of a petition for classification and assignment of water quality standards according to the
requirements of General Statute 150B-20, the Director shall make a preliminary recommendation on the
appropriate classifications and water quality standards of the identified waters on the basis of the study
findings or information included in the petition supporting the classification and standards changes.
(4) The Commission shall make a decision on whether to grant or deny a petition in accordance with the
provisions of General Statute 150B-20 based on the information included in the petition and the
recommendation of the Director. The Commission may deny the petition and request that the Division
study the appropriate classifications and water quality standards for the petitioned waters in accordance
with Subparagraph (b)(2) of this Rule.
(5) The Director shall give due notice of such hearing or hearings in accordance with the requirements of
General Statute 143-214.1 and G.S. 150B, and shall appoint a hearing officer(s) in consultation with the
chairman of the Commission.
(6) The hearing officer(s) shall, as soon as practicable after the completion of the hearing, submit a complete
report of the proceedings of the hearing to the Commission. The hearing officer(s) shall include in the
report a transcript or summary of testimony presented at such public hearing, relevant exhibits, a summary
of relevant information from the stream studies conducted by the technical staff of the Commission, and
final recommendations as to classification of the designated waters and the standards of water quality and
best management practices which should be applied to the classifications recommended.
(7) The Commission, after due consideration of the hearing records and the final recommendations of the
hearing officer(s), shall adopt its final action with respect to the assignment of classifications, and any
applicable standards or best management practices applicable to the waters under consideration. The
Commission shall publish such action, together with the effective date for the application of the provisions
of General Statute 143-215.1 and 143-215.2, as amended, as a part of the Commission's official rules.
(8) The final action of the Commission with respect to the assignment of classification with its accompanying
standards and best management practices shall contain the Commission's conclusions relative to the various
factors given in General Statute 143-214.1(d), and shall specifically include the class or classes to which
such specifically designated waters in the watershed or watersheds shall be assigned on the basis of best
usage in the interest of the public.
(c) Freshwater shall be assigned to one of the following classification:
(1) Class C: freshwaters protected for secondary recreation, fishing, aquatic life including propagation and
survival, and wildlife. All freshwaters shall be classified to protect these uses at a minimum.
(2) Class B: freshwaters protected for primary recreation which includes swimming on a frequent or organized
basis and all Class C uses.
(3) Class WS-I: waters protected as water supplies which are essentially in natural and undeveloped
watersheds. Point source discharges of treated wastewater are permitted pursuant to Rules .0104 and .0211
of this Subchapter. Local programs to control nonpoint sources and stormwater discharges of pollution are
required. Suitable for all Class C uses.
(4) Class WS-II: waters protected as water supplies which are generally in predominantly undeveloped
watersheds. Point source discharges of treated wastewater are permitted pursuant to Rules .0104 and .0211
of this Subchapter. Local programs to control nonpoint sources and stormwater discharges of pollution
shall be required. Suitable for all Class C uses.
(5) Class WS-III: waters protected as water supplies which are generally in low to moderately developed
watersheds. Point source discharges of treated wastewater are permitted pursuant to Rules .0104 and .0211
of this Subchapter. Local programs to control nonpoint sources and stormwater discharges of pollution
shall be required. Suitable for all Class C uses.
(6) Class WS-IV: waters protected as water supplies which are generally in moderately to highly developed
watersheds. Point source discharges of treated wastewater are permitted pursuant to Rules .0104 and .0211
of this Subchapter. Local programs to control nonpoint sources and stormwater discharges of pollution
shall be required; suitable for all Class C uses.
(7) Class WS-V: waters protected as water supplies which are generally upstream of and draining to Class
WS-IV waters. No categorical restrictions on watershed development or treated wastewater discharges
shall be required. However, the Commission or its designee may apply appropriate management
requirements as deemed necessary for the protection of downstream receiving waters (15A NCAC 2B
.0203); suitable for all Class C uses.
(8) Class WL: waters that meet the definition of wetlands found in 15A NCAC 2B .0202 except those
designated as Class SWL.
(d) Tidal Salt Waters shall be assigned to one of the following:
(1) Class SC: saltwaters protected for secondary recreation, fishing, aquatic life including propagation and
survival, and wildlife. All saltwaters shall be classified to protect these uses at a minimum.
(2) Class SB: saltwaters protected for primary recreation which includes swimming on a frequent or organized
basis and all Class SC uses.
(3) Class SA: suitable for commercial shellfishing and all other tidal saltwater uses.
(4) Class SWL: waters that meet the definition of coastal wetlands as defined by 15A NCAC 2H .0205, and
which are landward of the mean high water line, and wetlands contiguous to estuarine waters as defined by
15A NCAC 2H .0206.
(e) The following are supplemental classifications:
(1) Trout waters (Tr): freshwaters protected for natural trout propagation and survival of stocked trout.
(2) Swamp waters (Sw): waters which have low velocities and other natural characteristics which are different
from adjacent streams.
(3) Nutrient Sensitive Waters (NSW): waters subject to growths of microscopic or macroscopic vegetation
requiring limitations on nutrient inputs.
(4) Outstanding Resource Waters (ORW): unique and special waters of exceptional state or national
recreational or ecological significance which require special protection to maintain existing uses.
(5) High Quality Waters (HQW): waters which are rated as excellent based on biological and
physical/chemical characteristics through Division monitoring or special studies, native and special native
trout waters (and their tributaries) designated by the Wildlife Resources Commission, primary nursery areas
(PNA) designated by the Marine Fisheries Commission and other functional nursery areas designated by
the Marine Fisheries Commission, all water supply watersheds which are either classified as WS-I or WS-II
or those for which a formal petition for reclassification as WS-I or WS-II has been received from the
appropriate local government and accepted by the Division of Water Quality and all Class SA waters.
(6) Future Water Supply (FWS): waters that have been requested by a local government and adopted by the
Commission as a future source for drinking, culinary , or food-processing purposes. Local government(s)
requesting this reclassification shall provide to the Division evidence of intent which may include one or a
combination of the following: capitol improvement plans, a Water Supply Plan as described in G.S. 143-
355(1), bond issuance for the water treatment plant or land acquisition records. Local governments shall
provide a 1:24,000 scale USGS topographical map delineating the location of the intended water supply
intake. Requirements for activities administered by the State of North Carolina, such as the issuance of
permits for landfills, NPDES wastewater discharges, land application of residuals and road construction
activities shall be effective upon reclassification for future water supply use. The requirements shall apply
to the critical area and balance of the watershed or protected area as appropriate. Upon receipt of the final
approval letter from the Division of Environmental Health for construction of the water treatment plant and
water supply intake, the Commission shall initiate rule-making to modify the Future Water Supply
supplemental classification. Local government implementation is not required until 270 days after the
Commission has modified the Future Water Supply (FWS) supplemental classification through the rule-
making process and notified the affected local government(s) that the appropriate local government land
use requirements applicable for the water supply classifications are to be adopted, implemented and
submitted to the Commission for approval. Local governments may also adopt land use ordinances that
meet or exceed the state's minimum requirements for water supply watershed protection prior to the end of
the 270 day deadline. The requirements for FWS may also be applied to waters formerly used for drinking
water supply use, and currently classified for water supply use, at the request of local government(s)
desiring protection of the watershed for future water supply use.
(7) Unique wetland (UWL): wetlands of exceptional state or national ecological significance which require
special protection to maintain existing uses. These wetlands may include wetlands that have been
documented to the satisfaction of the Commission as habitat essential for the conservation of state or
federally listed threatened or endangered species.
(f) In determining the best usage of waters and assigning classifications of such waters, the Commission shall consider the
criteria specified in General Statute 143-214.1(d) and all existing uses as defined by 15A NCAC 2B .0202. In determining
whether to revise a designated best usage for waters through a revision to the classifications, the Commission shall follow the
requirements of 40 CFR 131.10(b),(c),(d) and (g) which are hereby incorporated by reference including any subsequent
amendments and editions. This material is available for inspection at the Department of Environment, Health, and Natural
Resources, Division of Water Quality, Water Quality Section, 512 North Salisbury Street, Raleigh, North Carolina. Copies
may be obtained from the U.S. Government Printing Office, Superintendent of Documents, Washington, DC 20402-9325 at a
cost of thirteen dollars ($13.00).
(g) When revising the classification of waters, the Division shall collect water quality data within the watershed for those
substances which require more stringent control than required by the existing classification. However, such sampling may be
limited to only those parameters which are of concern. If the revision to classifications involves the removal of a designated
use, the Division shall conduct a use attainability study as required by the provisions of 40 CFR 131.10(j) which are hereby
incorporated by reference including any subsequent amendments and editions. This material is available for inspection at the
Department of Environment, Health, and Natural Resources, Division of Water Quality, Water Quality Section, 512 North
Salisbury Street, Raleigh, North Carolina. Copies may be obtained from the U.S. Government Printing Office, Superintendent
of Documents, Washington, DC 20402-9325 at a cost of thirteen dollars ($13.00).

History Note: Authority G.S. 143-214.1; 143-215.3(a)(1);
Eff. February 1, 1976;
Amended Eff. August 1, 1995; February 1, 1993; August 3, 1992; August 1, 1990;
RRC Objection Eff. July 18, 1996 due to lack of statutory authority and ambiguity;
Amended Eff. October 1, 1996.

15A NCAC 02B .0102 USE OF CLASSIFICATIONS AND WATER QUALITY STANDARDS

History Note: Authority G.S. 143-214.1;
Eff. February 1, 1976;
Repealed Eff. January 1, 1985.

15A NCAC 02B .0103 ANALYTICAL PROCEDURES
(a) Chemical/Physical Procedures. Tests or analytical procedures to determine conformity or non-conformity with standards
shall, insofar as practicable and applicable, conform to the guidelines by the Environmental Protection Agency codified as 40
CFR, Part 136, which are hereby incorporated by reference including any subsequent amendments and editions. This material
is available for inspection at the Department of Environment, Health, and Natural Resources, Division of Water Quality,
Water Quality Section, 512 North Salisbury Street, Raleigh, North Carolina. Copies may be obtained from the U.S.
Government Printing Office, Superintendent of Documents, Washington, DC 20402-9325 at a cost of thirteen dollars
($13.00). Methods not codified by 40 CFR, Part 136 will, insofar as practicable and applicable, conform to the guidelines by
the American Public Health Association, American Water Works Association, Water Environment Federation publication
AStandard Methods for the Examination of Water and Wastewater, 19th edition@(1996) or subsequent editions which are
hereby incorporated by reference. Copies may be obtained from the Water Environment Federation, 601 Wythe St.,
Alexandria, VA, 22314 at a cost of one hundred and eighty dollars ($180.00).
(b) Biological Procedures. Biological tests to determine conformity or non-conformity with standards shall be based on
methods published by the U.S. Environmental Protection Agency as codified as 40 CFR, Part 136, which are hereby
incorporated by reference including any subsequent amendments and editions. This material is available for inspection at the
Department of Environment, Health and Natural Resources, Division of Water Quality, Water Quality Planning Branch, 512
North Salisbury Street, Raleigh, North Carolina. Copies may be obtained from the U.S. Government Printing Office,
Superintendent of Documents, Washington, DC 20402-9325 at a cost of thirteen dollars ($13.00).
(c) Wetland Evaluation Procedures. Evaluations of wetlands for the presence of existing uses shall be based on procedures
approved by the Director. The Director shall approve wetland evaluation procedures that have been demonstrated to produce
verifiable and repeatable results and that have widespread acceptance in the scientific community. Copies of approved
methods or guidance may be obtained by submitting a written request to NCDWQ, Ecological Assessment Group, P.O. Box
29535, Raleigh, NC 27626-0535.

History Note: Authority G.S. 143-214.1; 143-215.3(a)(1);
Eff. February 1, 1976;
Amended Eff. February 1, 1993; October 1, 1989; January 1, 1985; September 9, 1979;
RRC Objection Eff. July 18, 1996 due to lack of statutory authority and ambiguity;
Amended Eff. October 1, 1996.

15A NCAC 02B .0104 CONSIDERATIONS/ASSIGNING/IMPLEMENTING WATER SUPPLY
CLASSIFICATIONS
(a) In determining the suitability of waters for use as a source of water supply for drinking, culinary or food processing
purposes after approved treatment, the Commission will be guided by the physical, chemical, and bacteriological maximum
contaminant levels specified by Environmental Protection Agency regulations adopted pursuant to the Public Health Service
Act, 42 U.S.C. 201 et seq., as amended by the Safe Drinking Water Act, 42 U.S.C. 300(f) et seq. In addition, the Commission
shall be guided by the requirements for unfiltered and filtered water supplies and the maximum contaminant levels specified in
the North Carolina Rules Governing Public Water Supplies, 15A NCAC 18C .1100, .1200 and .1500 and comments provided
by the Division of Environmental Health.
(b) All local governments that have land use authority within designated water supply watersheds shall adopt and enforce
ordinances that at a minimum meet the requirements of G.S. 143-214.5 and this Subchapter. The Commission shall approve
local water supply protection programs if it determines that the requirements of the local program equal or exceed the
minimum statewide water supply watershed management requirements adopted pursuant to this Section. Local governments
may adopt and enforce more stringent controls. Local management programs and modifications to these programs must be
approved by the Commission and shall be kept on file by the Division of Environmental Management, Division of
Environmental Health and the Division of Community Assistance.
(c) All waters used for water supply purposes or intended for future water supply use shall be classified to the most
appropriate water supply classification as determined by the Commission. Water supplies may be reclassified to a more or
less protective water supply classification on a case-by-case basis through the rule-making process. A more protective water
supply classification may be applied to existing water supply watersheds after receipt of a resolution from all local
governments having land use jurisdiction within the designated water supply watershed requesting a more protective water
supply classification. Local government(s) requesting the Future Water Supply classification must provide to the Division
evidence of intent which may include one or a combination of the following: capital improvement plans, a Water Supply Plan
as described in G.S. 143-355(l), bond issuance for the water treatment plant or land acquisition records. A 1:24,000 scale
USGS topographical map delineating the location of the intended water supply intake is also required. Requirements for
activities administered by the State of North Carolina, such as the issuance of permits for landfills, NPDES wastewater
discharges, land application of residuals and road construction activities shall be effective upon reclassification for future
water supply use. The requirements shall apply to the critical area and balance of the watershed or protected area as
appropriate. Upon receipt of the final approval letter from the Division of Environmental Health for construction of the water
treatment plant and water supply intake, the Commission shall initiate rule-making to modify the Future Water Supply
supplemental classification. Local government implementation is not required until 270 days after the Commission has
modified the Future Water Supply (FWS) supplemental classification through the rule-making process and notified the
affected local government(s) that the appropriate local government land use requirements applicable for the water supply
classifications are to be adopted, implemented and submitted to the Commission for approval. Local governments may also
adopt land use ordinances that meet or exceed the state's minimum requirements for water supply watershed protection prior
to the end of the 270 day deadline. The requirements for FWS may also be applied to waters formerly used for drinking water
supply purposes, and currently classified for water supply use, at the request of local government(s) desiring protection of the
watershed for future water supply use.
(d) In considering the reclassification of waters for water supply purposes, the Commission shall take into consideration the
relative proximity, quantity, composition, natural dilution and diminution of potential sources of pollution to determine that
risks posed by all significant pollutants are adequately considered.
(e) For the purposes of implementing the water supply watershed protection rules (15A NCAC 2B .0100, .0200 and .0300)
and the requirements of G.S. 143-214.5, the following schedule of implementation shall be applicable:
August 3, 1992 - Activities administered by the State of North Carolina, such as the issuance of permits for
landfills, NPDES wastewater discharges, and land application of sludge/residuals, and road construction
activities, shall become effective regardless of the deadlines for municipal and county water supply
watershed protection ordinance adoptions;
By July 1, 1993 - Affected municipalities with a population greater than 5,000 shall adopt and submit the
appropriate drinking water supply protection, maps and ordinances that meet or exceed the minimum
management requirements of these Rules;
By October 1, 1993 -Affected municipalities with a population less than 5,000 shall adopt and submit the
appropriate drinking water supply protection, maps and ordinances that meet or exceed the minimum
management requirements of these Rules;
By January 1, 1994 -Affected county governments shall adopt and submit the appropriate drinking water
supply protection, maps and ordinances that meet or exceed the minimum management requirements of
these Rules.
Affected local government drinking water supply protection ordinances shall become effective on or before these dates. Local
governments may choose to adopt, implement and enforce these provisions prior to this date. Three copies of the adopted and
effective relevant ordinances shall be sent to the Division along with a cover letter from the municipal or county attorney, or
its designated legal counsel, stating that the local government drinking water supply protection ordinances shall meet or
exceed the rules in 15A NCAC 2B .0100, .0200 and .0300. If the rules in 15A NCAC 2B .0100, .0200 and .0300 are revised,
the Division shall modify and distribute to local governments, as appropriate, a revised model ordinance. The Division shall
approve the amended local maps and ordinances, or request the Commission to take appropriate action under G.S. 143-214.5.
(f) Wherever in this Subchapter it is provided that local governments assume responsibility for operation and maintenance of
engineered stormwater control(s), this shall be construed to require responsible local governments to inspect such controls at
least once per year, to determine whether the controls are performing as designed and intended. Records of inspections shall
be maintained on forms supplied by the Division. Local governments may require payment of reasonable inspection fees by
entities which own the controls, as authorized by law. In the event inspection shows that a control is not performing
adequately, the local government shall order the owning entity to take corrective actions. If the entity fails to take sufficient
corrective actions, the local government may impose civil penalties and pursue other available remedies in accordance with
the law. The availability of new engineered stormwater controls as an alternative to lower development density and other
measures under the provisions of this Subchapter and local ordinances approved by the Commission shall be conditioned on
the posting of adequate financial assurance, in the form of a cash deposit or bond made payable to the responsible local
government, or other acceptable security. The establishment of a stormwater utility by the responsible local government shall
be deemed adequate financial assurance. The purpose of the required financial assurance is to assure that maintenance,
repairs or reconstruction necessary for adequate performance of the controls may be made by the owning entity or the local
government which may choose to assume ownership and maintenance responsibility.
(g) Where higher density developments are allowed, stormwater control systems must use wet detention ponds as described in
15A NCAC 2H .1003(g)(2), (g)(3), (i), (j), (k), and (l). Alternative stormwater management systems consisting of other
treatment options, or a combination of treatment options, may be approved by the Director. The design criteria for approval
shall be 85 percent average annual removal of Total Suspended Solids. Also the discharge rate shall meet one of the
following criteria:
(1) the discharge rate following the 1-inch design storm shall be such that the runoff draws down to the
pre-storm design stage within five days, but not less than two days; or
(2) the post development peak discharge rate shall equal the predevelopment rate for the 1-year, 24 hour storm.
(h) Where no practicable alternative exists, discharge from groundwater remediation projects addressing water quality
problems shall be allowed in accordance with other applicable requirements in all water supply classifications.
(i) To further the cooperative nature of the water supply watershed management and protection program provided for herein,
local governments with jurisdiction over portions of classified watersheds and local governments which derive their water
supply from within such watersheds are encouraged to establish joint water quality monitoring and information sharing
programs, by interlocal agreement or otherwise. Such cooperative programs shall be established in consultation with the
Division.
(j) Where no practicable alternative exists other than surface water discharge, previously unknown existing unpermitted
wastewater discharges shall incorporate the best possible technology treatment as deemed appropriate by the Division.
(k) The Commission may designate water supply watersheds or portions thereof as critical water supply watersheds pursuant
to G.S. 143-214.5(b).
(l) A more protective classification may be allowed by the Commission although minor occurrences of nonconforming
activities are present prior to reclassification. When the Commission allows a more protective classification, expansions of
existing wastewater discharges that otherwise would have been prohibited may be allowed if there is no increase in permitted
pollutant loading; other discharges of treated wastewater existing at the time of reclassification may be required to meet more
stringent effluent limitations as determined by the Division. Consideration of all practicable alternatives to surface water
discharge must be documented.
(m) The construction of new roads and bridges and non-residential development shall minimize built-upon area, divert
stormwater away from surface water supply waters as much as possible, and employ best management practices (BMPs) to
minimize water quality impacts. To the extent practicable, the construction of new roads in the critical area shall be avoided.
The Department of Transportation shall use BMPs as outlined in their document entitled "Best Management Practices for the
Protection of Surface Waters" which is hereby incorporated by reference including all subsequent amendments and editions.
This material is available for inspection at the Department of Environment, Health, and Natural Resources, Division of
Environmental Management, Water Quality Planning Branch, 512 North Salisbury Street, Raleigh, North Carolina.
(n) Activities within water supply watersheds are also governed by the North Carolina Rules Governing Public Water
Supplies, 15A NCAC 18C .1100, .1200 and .1500. Proposed expansions of treated wastewater discharges to water supply
waters must be approved by the Division of Environmental Health.
(o) Local governments shall correctly delineate the approximate normal pool elevation for backwaters of water supply
reservoirs for the purposes of determining the critical and protected area boundaries as appropriate. Local governments must
submit to the Division a 1:24,000 scale U.S.G.S. topographic map which shows the local government's corporate and
extraterritorial jurisdiction boundaries, the Commission's adopted critical and protected area boundaries, as well as the local
government's interpreted critical and protected area boundaries. All revisions (expansions or deletions) to these areas must be
submitted to the Division and approved by the Commission prior to local government revision.
(p) Local governments shall encourage participation in the Agricultural Cost Share Program. The Soil and Water
Conservation Commission is the designated management agency responsible for implementing the provisions of the rules in
15A NCAC 2H .0200 pertaining to agricultural activities. Agricultural activities are subject to the provisions of the Food
Security Act of 1985 and the Food, Agriculture, Conservation and Trade Act of 1990 (Public Law 101-624) and 15A NCAC
2H .0217). The following shall be required within WS-I watersheds and the critical areas of WS-II, WS-III and WS-IV
watersheds:
(1) Agricultural activities conducted after January 1, 1993 shall maintain a minimum 10 foot vegetated buffer,
or equivalent control as determined by the Soil and Water Conservation Commission, along all perennial
waters indicated on the most recent versions of U.S.G.S. 1:24,000 (7.5 minute) scale topographic maps or
as determined by local government studies; and
(2) Animal operation deemed permitted and permitted under 15A NCAC 2H .0217 are allowed in all classified
water supply watersheds.
(q) Existing development is not subject to the requirements of these Rules. Redevelopment is allowed if the rebuilding
activity does not have a net increase in built-upon area or provides equal or greater stormwater control than the previous
development, except that there are no restrictions on single family residential redevelopment. Expansions to structures
classified as existing development must meet the requirements of the rules in 15A NCAC 2B .0100, .0200 and .0300;
however, the built-upon area of the existing development is not required to be included in the density calculations.
Expansions to structures other than existing development must meet the density requirements of these Rules for the entire
project site. If a nonconforming lot of record is not contiguous to any other lot owned by the same party, then that lot of
record shall not be subject to the development restrictions of these Rules if it is developed for single-family residential
purposes. Local governments may, however, require the combination of contiguous nonconforming lots of record owned by
the same party in order to establish a lot or lots that meet or nearly meet the development restrictions of the rules under 15A
NCAC 2B. Any lot or parcel created as part of a family subdivision after the effective date of these Rules shall be exempt
from these Rules if it is developed for one single-family detached residence and if it is exempt from local subdivision
regulation. Any lot or parcel created as part of any other type of subdivision that is exempt from a local subdivision ordinance
shall be subject to the land use requirements (including impervious surface requirements) of these Rules, except that such a lot
or parcel must meet the minimum buffer requirements to the maximum extent practicable. Local governments may also apply
more stringent controls relating to determining existing development, redevelopment or expansions.
(r) Development activities may be granted minor variances by local governments utilizing the procedures of G.S. 153A
Article 18, or G.S. 160A, Article 19. A description of each project receiving a variance and the reason for granting the
variance shall be submitted to the Commission on an annual basis by January 1. For all proposed major and minor variances
from the minimum statewide watershed protection rules, the local Watershed Review Board shall make findings of fact
showing that:
(1) there are practical difficulties or unnecessary hardships that prevent compliance with the strict letter of the
ordinance;
(2) the variance is in harmony with the general purpose and intent of the local watershed protection ordinance
and preserves its spirit; and
(3) in granting the variance, the public safety and welfare have been assured and substantial justice has been
done.
The local Watershed Review Board may attach conditions to the major or minor variance approval that support the purpose of
the local watershed protection ordinance. If the variance request qualifies as a major variance, and the local Watershed
Review Board decides in favor of granting the major variance, the Board shall then prepare a preliminary record of the
hearing and submit it to the Commission for review and approval. If the Commission approves the major variance or
approves with conditions or stipulations added, then the Commission shall prepare a Commission decision which authorizes
the local Watershed Review Board to issue a final decision which would include any conditions or stipulations added by the
Commission. If the Commission denies the major variance, then the Commission shall prepare a Commission decision to be
sent to the local Watershed Review Board. The local Watershed Review Board shall prepare a final decision denying the
major variance. For all proposed major and minor variances the local government considering or requesting the variance shall
notify and allow a reasonable comment period for all other local governments having jurisdiction within the watershed area
governed by these Rules and the entity using the water supply for consumption. Appeals from the local government decision
on a major or minor variance request are made on certiorari to the local Superior Court. Appeals from the Commission
decision on a major variance request are made on judicial review to Superior Court. When local ordinances are more
stringent than the state's minimum water supply protection rules a variance to the local government's ordinance is not
considered a major variance as long as the result of the variance is not less stringent than the state's minimum requirements.
(s) Cluster development is allowed on a project-by-project basis as follows:
(1) Overall density of the project meets associated density or stormwater control requirements under 15A
NCAC 2B .0200;
(2) Buffers meet the minimum statewide water supply watershed protection requirements;
(3) Built-upon areas are designed and located to minimize stormwater runoff impact to the receiving waters,
minimize concentrated stormwater flow, maximize the use of sheet flow through vegetated areas, and
maximize the flow length through vegetated areas;
(4) Areas of concentrated density development are located in upland areas and away, to the maximum extent
practicable, from surface waters and drainageways;
(5) Remainder of tract to remain in vegetated or natural state;
(6) The area in the vegetated or natural state may be conveyed to a property owners association; a local
government for preservation as a park or greenway; a conservation organization; or placed in a permanent
conservation or farmland preservation easement. A maintenance agreement shall be filed with the property
deeds; and
(7) Cluster developments that meet the applicable low density requirements shall transport stormwater runoff
by vegetated conveyances to the maximum extent practicable.
(t) Local governments may administer oversight of future development activities in single family residential developments
that exceed the applicable low density requirements by tracking dwelling units rather than percentage built-upon area, as long
as the wet detention pond or other approved stormwater control system is sized to capture and treat runoff from all pervious
and built-upon surfaces shown on the development plan and any off-site drainage from pervious and built-upon surfaces, and
when an additional safety factor of 15 percent of built-upon area of the project site is figured in.
(u) All new development shall meet the development requirements on a project-by-project basis except local governments
may submit ordinances and ordinance revisions which use density or built-upon area criteria averaged throughout the local
government's watershed jurisdiction instead of on a project-by-project basis within the watershed. Prior to approval of the
ordinance or amendment, the local government must demonstrate to the Commission that the provisions as averaged meet or
exceed the statewide minimum requirements, and that a mechanism exists to ensure the orderly and planned distribution of
development potential throughout the watershed jurisdiction.
(v) Silviculture activities are subject to the provisions of the Forest Practices Guidelines Related to Water Quality (15A
NCAC 1I .0101 - .0209). The Division of Forest Resources is the designated management agency responsible for
implementing the provisions of the rules in 15A NCAC 2B .0200 pertaining to silviculture activities.
(w) Local governments shall, as the existing laws allow, develop, implement, and enforce comprehensive nonpoint source and
stormwater discharge control programs to reduce water pollution from activities within water supply watersheds such as
development, forestry, landfills, mining, on-site sanitary sewage systems which utilize ground adsorption, toxic and hazardous
materials, transportation, and water based recreation.
(x) When the Commission assumes a local water supply protection program as specified under G.S. 143-214.5(e) all local
permits authorizing construction and development activities as regulated by the statewide minimum water supply watershed
protection rules of this Subchapter must be approved by the Commission prior to local government issuance.
(y) In the event that stormwater management systems or facilities may impact existing waters or wetlands of the United
States, the Clean Water Act requires that these systems or facilities be consistent with all federal and state requirements.
(z) A model local water supply watershed management and protection ordinance, as approved by the Commission in
accordance with G.S. 143-214.5, is on file with the Office of Administrative Hearings and may be obtained by writing to:
Water Quality Planning Branch, Division of Environmental Management, Post Office Box 29535, Raleigh, North Carolina
27626-0535.
(aa) The Commission may delegate such matters as variance approval, extension of deadlines for submission of corrected
ordinances and assessment of civil penalties to the Director.

History Note: Authority G.S. 143-214.1; 143-215.3(a)(1);
Eff. February 1, 1976;
Amended Eff. August 1, 1995; August 3, 1992; March 1, 1991; October 1, 1989.

15A NCAC 02B .0105 DETERMINATION OF SAFETY OR SUITABILITY: CLASS A-II WATERS

History Note: Authority G.S. 143-214.1; 143-215.3(a)(1);
Eff. February 1, 1976;
Amended Eff. January 1, 1985; September 9, 1979;
Repealed Eff. February 1, 1986.

15A NCAC 02B .0106 CONSIDERATIONS/ASSIGNING CLASSIFICATIONS FOR PRIMARY RECREATION
In assigning the B or SB classification to waters intended for primary recreation, the Commission will take into consideration
the relative proximity of sources of water pollution and will recognize the potential hazards involved in locating swimming
areas close to sources of water pollution and will not assign this classification to waters in which such water pollution could
result in a hazard to public health. Discharges to waters classified as B or SB will meet the reliability requirements specified
in 15A NCAC 2H .0124. Discharges to waters where a primary recreational use is determined by the Director to be attainable
will be required to meet water quality standards and reliability requirements to protect this use concurrently with
reclassification efforts.

History Note: Authority G.S. 143-214.1; 143-215.3(a)(1);
Eff. February 1, 1976;
Amended Eff. October 1, 1989; January 1, 1985; September 9, 1979.

15A NCAC 02B .0107 DEFINITION OF REGULATIONS: CLASSIFICATIONS: AND STANDARDS

History Note: Authority G.S. 143-214.1;
Eff. February 1, 1976;
Repealed Eff. January 1, 1985.

15A NCAC 02B .0108 CONSIDERATIONS IN ASSIGNING THE SHELLFISHING AREA CLASSIFICATION
In determining the safety or suitability of Class SA waters to be used for shellfishing for market purposes, the Commission
will be guided by the existing water quality of the area in relation to the standards to protect shellfishing uses, the potential
contamination of the area from both point and nonpoint sources of pollution, and the presence of harvestable quantities of
shellfish or the potential for the area to have harvestable quantities through management efforts of the Division of Marine
Fisheries. Waters will not be classified SA without the written concurrence of the Division of Health Services, North Carolina
Department of Human Resources.

History Note: Authority G.S. 143-214.1;
Eff. January 1, 1985;
Amended Eff. October 1, 1989.

15A NCAC 02B .0109 WATERS AFFECTED BY DREDGE AND FILL ACTIVITIES

History Note: Authority G.S. 143-214.1;
Eff. October 1, 1989;
Repealed Eff. October 1, 1996.

15A NCAC 02B .0110 CONSIDERATIONS FOR FEDERALLY-LISTED THREATENED OR ENDANGERED
AQUATIC SPECIES
Certain waters provide habitat for federally-listed aquatic animal species that are listed as threatened or endangered by the
U.S. Fish and Wildlife Service or National Marine Fisheries Service under the provisions of the Endangered Species Act, 16
U.S.C. 1531-1544 and subsequent modifications. Maintenance and recovery of the water quality conditions required to
sustain and recover federally-listed threatened and endangered aquatic animal species contributes to the support and
maintenance of a balanced and indigenous community of aquatic organisms and thereby protects the biological integrity of the
waters. The Division shall develop site-specific management strategies under the provisions of 15A NCAC 2B .0225 or 15A
NCAC 2B .0227 for those waters. These plans shall be developed within the basinwide planning schedule with all plans
completed at the end of each watershed's first complete five year cycle following adoption of this Rule. Nothing in this Rule
shall prevent the Division from taking other actions within its authority to maintain and restore the quality of these waters.

History Note: Authority G. S. 143-214.1; 143-215.3(a)(1); 143-215.8A;
Eff. August 1, 2000.

SECTION .0200 - CLASSIFICATIONS AND WATER QUALITY STANDARDS APPLICABLE TO SURFACE
WATERS AND WETLANDS OF NORTH CAROLINA

15A NCAC 02B .0201 ANTIDEGRADATION POLICY
(a) It is the policy of the Environmental Management Commission to maintain, protect, and enhance water quality within the
State of North Carolina. Pursuant to this policy, the requirements of 40 CFR 131.12 are hereby incorporated by reference
including any subsequent amendments and editions. This material is available for inspection at the Department of
Environment, Health, and Natural Resources, Division of Water Quality, Water Quality Section, 512 North Salisbury Street,
Raleigh, North Carolina. Copies may be obtained from the U.S. Government Printing Office, Superintendent of Documents,
Washington, DC 20402-9325 at a cost of thirteen dollars ($13.00). These requirements shall be implemented in North
Carolina as set forth in Paragraphs (b), (c), (d), (e) and (f) of this Rule.
(b) Existing uses, as defined by Rule .0202 of this Section, and the water quality to protect such uses shall be protected by
properly classifying surface waters and having standards sufficient to protect these uses. In cases where the Commission or its
designee determines that an existing use is not included in the classification of waters, a project which shall affect these waters
shall not be permitted unless the existing uses are protected.
(c) The Commission shall consider the present and anticipated usage of waters with quality higher than the standards,
including any uses not specified by the assigned classification (such as outstanding national resource waters or waters of
exceptional water quality) and shall not allow degradation of the quality of waters with quality higher than the standards below
the water quality necessary to maintain existing and anticipated uses of those waters. Waters with quality higher than the
standards are defined by Rule .0202 of this Section. The following procedures shall be implemented in order to meet these
requirements:
(1) Each applicant for an NPDES permit or NPDES permit expansion to discharge treated waste shall
document an effort to consider non-discharge alternatives pursuant to 15A NCAC 2H .0105(c)(2).
(2) Public Notices for NPDES permits shall list parameters that would be water quality limited and state
whether or not the discharge shall use the entire available load capacity of the receiving waters and may
cause more stringent water quality based effluent limitations to be established for dischargers downstream.
(3) The Division may require supplemental documentation from the affected local government that a proposed
project or parts of the project are necessary for important economic and social development.
(4) The Commission and Division shall work with local governments on a voluntary basis to identify and
develop appropriate management strategies or classifications for waters with unused pollutant loading
capacity to accommodate future economic growth.
Waters with quality higher than the standards shall be identified by the Division on a case-by-case basis through the NPDES
permitting and waste load allocation processes (pursuant to the provisions of 15A NCAC 2H .0100). Dischargers affected by
the requirements of Paragraphs (c)(1) through (c)(4) of this Rule and the public at large shall be notified according to the
provisions described herein, and all other appropriate provisions pursuant to 15A NCAC 2H .0109. If an applicant objects to
the requirements to protect waters with quality higher than the standards and believes degradation is necessary to
accommodate important social and economic development, the applicant may contest these requirements according to the
provisions of General Statute 143-215.1(e) and 150B-23.
(d) The Commission shall consider the present and anticipated usage of High Quality Waters (HQW), including any uses not
specified by the assigned classification (such as outstanding national resource waters or waters of exceptional water quality)
and shall not allow degradation of the quality of High Quality Waters below the water quality necessary to maintain existing
and anticipated uses of those waters. High Quality Waters are a subset of waters with quality higher than the standards and
are as described by 15A NCAC 2B .0101(e)(5). The procedures described in Rule .0224 of this Section shall be implemented
in order to meet the requirements of this part.
(e) Outstanding Resource Waters (ORW) are a special subset of High Quality Waters with unique and special characteristics
as described in Rule .0225 of this Section. The water quality of waters classified as ORW shall be maintained such that
existing uses, including the outstanding resource values of said Outstanding Resource Waters, shall be maintained and
protected.
(f) Activities regulated under Section 404 of the Clean Water Act (33 U.S.C. 1344) which require a water quality certification
as described in Section 401 of the Clean Water Act (33 U.S.C. 1341) shall be evaluated according to the procedures outlined
in 15A NCAC 2H .0500. Activities which receive a water quality certification pursuant to these procedures shall not be
considered to remove existing uses. The evaluation of permits issued pursuant to G.S. 143-215.1 that involve the assimilation
of wastewater or stormwater by wetlands shall incorporate the criteria found in 15A NCAC 2H .0506(c) (1)-(5) in determining
the potential impact of the proposed activity on the existing uses of the wetland per 15A NCAC 2H .0231.

History Note: Authority G.S. 143-214.1; 143-215.1; 143-215.3(a)(1);
Eff. February 1, 1976;
Amended Eff. October 1, 1995; August 1, 1995; February 1, 1993; April 1,1991; August 1, 1990;
RRC Objection Eff. July 18, 1996 due to lack of statutory authority and ambiguity;
Amended Eff. October 1, 1996.

15A NCAC 02B .0202 DEFINITIONS
The definition of any word or phrase used in this Section shall be the same as given in G.S. 143, Article 21. The following
words and phrases, which are not defined in this article, shall be interpreted as follows:
(1) Acute toxicity to aquatic life means lethality or other harmful effects sustained by either resident aquatic
populations or indicator species used as test organisms in a controlled toxicity test due to a short-term
exposure (relative to the life cycle of the organism) to a specific chemical or mixture of chemicals (as in an
effluent). Short-term exposure for acute tests is generally 96 hours or less. Acute toxicity shall be
determined using the following procedures:
(a) for specific chemical constituents or compounds, acceptable levels shall be equivalent to a
concentration of one-half or less of the Final Acute Value (FAV) as determined according to
"Guidelines for Deriving Numerical Water Quality Criteria for the Protection of Aquatic Life and
its Uses" published by the Environmental Protection Agency and referenced in the Federal
Register (50 FR 30784, July 29, 1985) which is hereby incorporated by reference including any
subsequent amendments.
(b) for specific chemical constituents or compounds for which values described under Subparagraph
(1)(a) of this Rule can not be determined, acceptable levels shall be equivalent to a concentration
of one-third or less of the lowest available LC50 value.
(c) for effluents, acceptable levels are defined as no statistically measurable lethality (99 percent
confidence level using Students t test) during a specified exposure period. Concentrations of
exposure shall be determined on a case-by-case basis.
(d) in instances where detailed dose response data indicate that levels of acute toxicity are
significantly different from those defined in this Rule, the Director may determine on a
case-by-case basis an alternate acceptable level through statistical analyses of the dose response
curve.
(2) Acute to Chronic Ratio (ACR) means the ratio of acute toxicity expressed as an LC50 for a specific
toxicant or an effluent to the chronic value for the same toxicant or effluent.
(3) Agricultural uses include the use of waters for stock watering, irrigation, and other farm purposes.
(4) Applicator means any person, firm, corporation, wholesaler, retailer, distributor, any local, state, or federal
governmental agency, or any other person who applies fertilizer to the land of a consumer or client or to
land they own or to land which they lease or otherwise hold rights.
(5) Approved treatment, as applied to water supplies, means treatment accepted as satisfactory by the Division
of Environmental Health or Division of Water Quality.
(6) Average (except bacterial) means arithmetical average and includes the analytical results of all samples
taken during the specified period; all sampling shall be done as to obtain the most representative sample
under prevailing conditions:
(a) Daily Average for dissolved oxygen, shall be of at least four samples;
(b) Weekly Average means the average of all daily composite samples obtained during the calendar
week. If only one grab sample is taken each day, the weekly average is the average of all daily
grab samples. A minimum of three daily grab samples is needed to calculate a weekly average.
(c) Monthly Average means the average of all daily composites (or grab samples if only one per day)
obtained during the calendar month.
The definitions in this Paragraph do not affect the monitoring requirements for NPDES permits but rather
shall be used by the Division along with other methodologies in determining violations of water quality
standards. Arithmetical averages as defined by this Section, and not confidence limits nor other statistical
descriptions, shall be used in all calculations of limitations which require the use of averages pursuant to
this Section and 40 CFR 122.41(l)(4)(iii).
(7) Best Management Practice (BMP) means a structural or nonstructural management-based practice used
singularly or in combination to reduce nonpoint source inputs to receiving waters in order to achieve water
quality protection goals.
(8) Best usage of waters as specified for each class means those uses as determined by the Environmental
Management Commission in accordance with the provisions of G.S. 143-214.1.
(9) Bioaccumulation factor (BAF) is a unitless value that describes the degree to which substances are taken up
or accumulated into tissues of aquatic organisms from water directly and from food or other ingested
materials containing the accumulated substances, and is usually measured as a ratio of a substance's
concentration in tissue versus its concentration in water in situations where exposure to the substance is
occurring from both water and the food chain.
(10) Bioconcentration factor (BCF) is a unitless value that describes the degree to which substances are
absorbed or concentrated into tissues of aquatic organisms from water directly and is usually measured as a
ratio of substance's concentration in tissue versus its concentration in water in situations where exposure to
the substance is occurring from water only.
(11) Biological integrity means the ability of an aquatic ecosystem to support and maintain a balanced and
indigenous community of organisms having species composition, diversity, population densities and
functional organization similar to that of reference conditions.
(12) Buffer means a natural or vegetated area through which stormwater runoff flows in a diffuse manner so that
the runoff does not become channelized and which provides for infiltration of the runoff and filtering of
pollutants. The buffer shall be measured landward from the normal pool elevation of impounded structures
and from the bank of each side of streams or rivers.
(13) Built-upon area means that portion of a development project that is covered by impervious or partially
impervious cover including buildings, pavement, gravel areas (e.g. roads, parking lots, paths), recreation
facilities (e.g. tennis courts), etc. (Note: Wooden slatted decks and the water area of a swimming pool are
considered pervious.)
(14) Chronic toxicity to aquatic life means any harmful effect sustained by either resident aquatic populations or
indicator species used as test organisms in a controlled toxicity test due to long-term exposure (relative to
the life cycle of the organism) or exposure during a substantial portion of the duration of a sensitive period
of the life cycle to a specific chemical substance or mixture of chemicals (as in an effluent). In absence of
extended periods of exposure, early life stage or reproductive toxicity tests may be used to define chronic
impacts.
(15) Chronic value for aquatic life means the geometric mean of two concentrations identified in a controlled
toxicity test as the No Observable Effect Concentration (NOEC) and the Lowest Observable Effect
Concentration (LOEC).
(16) 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. For the
purpose of Sections .0100, .0200 and .0300 of this Subchapter, planned unit developments and mixed use
development shall be considered as cluster development.
(17) Commercial applicator means any person, firm, corporation, wholesaler, retailer, distributor or any other
person who for hire or compensation applies fertilizer to the land of a consumer or client.
(18) Concentrations are the mass of a substance per volume of water and for the purposes of this Section shall
be expressed as milligrams per liter (mg/l), micrograms per liter (ug/l), or nanograms per liter (ng/l).
(19) Contiguous refers to those wetlands landward of the mean high water line or normal water level and within
575 feet of classified surface waters which appear as solid blue lines on the most recently published
versions of U.S.G.S. 1:24,000 (7.5 minute) scale topographic maps.
(20) Critical area means the area adjacent to a water supply intake or reservoir where risk associated with
pollution is greater than from the remaining portions of the watershed. The critical area is defined as
extending either 1/2 mile from the normal pool elevation of the reservoir in which the intake is located or to
the ridge line of the watershed (whichever comes first); or 1/2 mile upstream from and draining to the
intake (or other appropriate downstream location associated with the water supply) located directly in the
stream or river (run-of-the-river), or to the ridge line of the watershed (whichever comes first). Since WS-I
watersheds are essentially undeveloped, establishment of a critical area is not required. Local governments
may extend the critical area as needed. Major landmarks such as highways or property lines may be used to
delineate the outer boundary of the critical area if these landmarks are immediately adjacent to the
appropriate outer boundary of 1/2 mile. The Commission may adopt a different critical area size during the
reclassification process.
(21) Cropland means agricultural land that is not covered by a certified animal waste management plan and is
used for growing corn, grains, oilseed crops, cotton, forages, tobacco, beans, or other vegetables or fruits.
(22) Designated Nonpoint Source Agency means those agencies specified by the Governor in the North Carolina
Nonpoint Source Management Program, as approved by the Environmental Protection Agency.
(23) Development means any land disturbing activity which adds to or changes the amount of impervious or
partially impervious cover on a land area or which otherwise decreases the infiltration of precipitation into
the soil.
(24) Director means the Director of the Division of Water Quality.
(25) Discharge is the addition of any man-induced waste effluent either directly or indirectly to state surface
waters.
(26) Division means the Division of Water Quality or its successors.
(27) Domestic wastewater discharge means the discharge of sewage, non-process industrial wastewater, other
domestic wastewater or any combination of these items. Domestic wastewater includes, but is not limited
to, liquid waste generated by domestic water using fixtures and appliances, from any residence, place of
business, or place of public assembly even if it contains no sewage. Examples of domestic wastewater
include once-through non-contact cooling water, seafood packing facility discharges and wastewater from
restaurants.
(28) Effluent channel means a discernable confined and discrete conveyance which is used for transporting
treated wastewater to a receiving stream or other body of water as provided in Rule .0215 of this Section.
(29) Existing development, for projects that do not require a state permit, shall be defined as those projects that
are built or those projects that at a minimum have established a vested right under North Carolina zoning
law as of the effective date of the local government water supply ordinance, or such earlier time that an
affected local government's ordinances shall specify, based on at least one of the following criteria:
(a) substantial expenditures of resources (time, labor, money) based on a good faith reliance upon
having received a valid local government approval to proceed with the project, or
(b) having an outstanding valid building permit in compliance with G.S. 153A-344.1 or G.S.
160A-385.1, or
(c) having an approved site specific or phased development plan in compliance with G.S. 153A-344.1
or G.S. 160A-385.1.
For projects that require a state permit, such as landfills, NPDES wastewater discharges, land application of
residuals and road construction activities, existing development shall be defined as those projects that are
built or those projects for which a state permit was issued prior to August 3, 1992.
(30) Existing uses mean uses actually attained in the water body, in a significant and not incidental manner, on
or after November 28, 1975, whether or not they are included in the water quality standards, which either
have been actually available to the public or are uses deemed attainable by the Environmental Management
Commission. At a minimum, uses shall be deemed attainable if they can be achieved by the imposition of
effluent limits and cost-effective and reasonable best management practices (BMPs) for nonpoint source
control.
(31) 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 or 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.
(32) Fertilizer means any substance containing nitrogen or phosphorus which is used primarily for its plant food
content.
(33) Fishing means the taking of fish by sport or commercial methods as well as the consumption of fish or
shellfish or the propagation of fish and such other aquatic life as is necessary to provide a suitable
environment for fish.
(34) Forest vegetation means the plants of an area which grow together in disturbed or undisturbed conditions in
various wooded plant communities in any combination of trees, saplings, shrubs, vines and herbaceous
plants. This includes mature and successional forests as well as cutover stands.
(35) Freshwater means all waters that under natural conditions would have a chloride ion content of 500 mg/l or
less.
(36) Industrial discharge means the discharge of industrial process treated wastewater or wastewater other than
sewage. Stormwater shall not be considered to be an industrial wastewater unless it is contaminated with
industrial wastewater. Industrial discharge includes:
(a) wastewater resulting from any process of industry or manufacture, or from the development of any
natural resource;
(b) wastewater resulting from processes of trade or business, including wastewater from laundromats
and car washes, but not wastewater from restaurants; or
(c) wastewater discharged from a municipal wastewater treatment plant requiring a pretreatment
program.
(37) Land-disturbing activity means any use of the land that results in a change in the natural cover or
topography that may cause or contribute to sedimentation.
(38) LC50 means that concentration of a toxic substance which is lethal (or immobilizing, if appropriate) to 50
percent of the organisms tested during a specified exposure period. The LC50 concentration for toxic
materials shall be determined for sensitive species as defined by Subparagraph (43) of this Rule under
aquatic conditions characteristic of the receiving waters.
(39) Local government means a city or county in singular or plural as defined in G.S. 160A-1(2) and G.S.
158A-10.
(40) Lower piedmont and coastal plain waters mean those waters of the Catawba River Basin below Lookout
Shoals Dam; the Yadkin River Basin below the junction of the Forsyth, Yadkin, and Davie County lines;
and all of the waters of Cape Fear, Lumber, Roanoke, Neuse, Tar-Pamlico, Chowan, Pasquotank, and
White Oak River Basins; except tidal salt waters which are assigned S classifications.
(41) MF is an abbreviation for the membrane filter procedure for bacteriological analysis.
(42) Major variance means a variance from the minimum statewide watershed protection rules that results in the
relaxation, by a factor greater than five percent of any buffer, density or built-upon area requirement under
the high density option; any variation in the design, maintenance or operation requirements of a wet
detention pond or other approved stormwater management system; or relaxation by a factor greater than 10
percent, of any management requirement under the low density option.
(43) Minor variance means a variance from the minimum statewide watershed protection rules that results in a
relaxation, by a factor of up to five percent of any buffer, density or built-upon area requirement under the
high density option; or that results in a relaxation by a factor up to 10 percent, of any management
requirement under the low density option.
(44) Mixing zone means a region of the receiving water in the vicinity of a discharge within which dispersion
and dilution of constituents in the discharge occurs and such zones shall be subject to conditions
established in accordance with 15A NCAC 2B .0204(b).
(45) Mountain and upper piedmont waters mean all of the waters of the Hiwassee; Little Tennessee, including
the Savannah River drainage area; French Broad; Broad; New; and Watauga River Basins; and those
portions of the Catawba River Basin above Lookout Shoals Dam and the Yadkin River Basin above the
junction of the Forsyth, Yadkin, and Davie County lines.
(46) Nonconforming lot of record means a lot described by a plat or a deed that was recorded prior to the
effective date of local watershed regulations (or their amendments) that does not meet the minimum lot-size
or other development requirements of Rule .0211 of this Subchapter.
(47) Nonpoint source pollution means pollution which enters waters mainly as a result of precipitation and
subsequent runoff from lands which have been disturbed by man's activities and includes all sources of
water pollution which are not required to have a permit in accordance with G.S. 143-215.1(c).
(48) Non-process discharge means industrial effluent not directly resulting from the manufacturing process. An
example would be non-contact cooling water from a compressor.
(49) Nutrient sensitive waters mean those waters which are so designated in the classification schedule in order
to limit the discharge of nutrients (usually nitrogen and phosphorus). They are designated by "NSW"
following the water classification.
(50) Offensive condition means any condition or conditions resulting from the presence of sewage, industrial
wastes or other wastes within the waters of the state or along the shorelines thereof which shall either
directly or indirectly cause foul or noxious odors, unsightly conditions, or breeding of abnormally large
quantities of mosquitoes or other insect pests, or shall damage private or public water supplies or other
structures, result in the development of gases which destroy or damage surrounding property, herbage or
grasses, or which may cause the impairment of taste, such as from fish flesh tainting, or affect the health of
any person residing or working in the area.
(51) Primary Nursery Areas (PNAs) are tidal saltwaters which provide essential habitat for the early
development of commercially important fish and shellfish and are so designated by the Marine Fisheries
Commission.
(52) Primary recreation includes swimming, skin diving, skiing, and similar uses involving human body contact
with water where such activities take place in an organized or on a frequent basis.
(53) Protected area means the area adjoining and upstream of the critical area in a WS-IV water supply in which
protection measures are required. The boundaries of the protected areas are defined as within five miles of
the normal pool elevation of the reservoir and draining to water supply reservoirs (measured from the
normal pool elevation) or to the ridge line of the watershed (whichever comes first); or 10 miles upstream
and draining to the intake located directly in the stream or river (run-of-the-river), or to the ridge line of the
watershed (whichever comes first). Local governments may extend the protected area. Major landmarks
such as highways or property lines may be used to delineate the outer boundary of the protected area if
these landmarks are immediately adjacent to the appropriate outer boundary of five or 10 miles. In some
cases the protected area shall encompass the entire watershed. The Commission may adopt a different
protected area size during the reclassification process.
(54) Residential development means buildings for residence such as attached and detached single family
dwellings, apartment complexes, condominiums, townhouses, cottages, and their associated outbuildings
such as garages, storage buildings, and gazebos.
(55) Residuals means any solid or demisolid waste generated from a wastewater treatment plant, water treatment
plant or air pollution control facility permitted under the authority of the Environmental Management
Commission.
(56) Riparian area means an area that is adjacent to a body of water.
(57) Secondary recreation includes wading, boating, other uses not involving human body contact with water,
and activities involving human body contact with water where such activities take place on an infrequent,
unorganized, or incidental basis.
(58) Sensitive species for aquatic toxicity testing is any species utilized in procedures accepted by the
Commission or its designee in accordance with Rule .0103 of this Subchapter, or the following genera:
(a) Daphnia;
(b) Ceriodaphnia;
(c) Salmo;
(d) Pimephales;
(e) Mysidopsis;
(f) Champia;
(g) Cyprinodon;
(h) Arbacia;
(i) Penaeus;
(j) Menidia;
(k) Notropis;
(l) Salvelinus;
(m) Oncorhynchus;
(n) Selenastrum;
(o) Chironomus;
(p) Hyalella;
(q) Lumbriculus.
(59) Shellfish culture includes the use of waters for the propagation, storage and gathering of oysters, clams, and
other shellfish for market purposes.
(60) Stormwater collection system means any conduit, pipe, channel, curb or gutter for the primary purpose of
transporting (not treating) runoff. A stormwater collection system does not include vegetated swales,
swales stabilized with armoring or alternative methods where natural topography prevents the use of
vegetated swales (subject to case-by-case review), curb outlet systems or pipes used to carry drainage
underneath built-upon surfaces that are associated with development controlled by the provisions of 15A
NCAC 2H .1003(c)(1).
(61) Source of water supply for drinking, culinary or food-processing purposes means any source, either public
or private, the waters from which are used for human consumption, or used in connection with the
processing of milk, beverages, food, or other purpose which requires water suitable for human
consumption.
(62) Swamp waters mean those waters which are classified by the Environmental Management Commission and
which are topographically located so as to generally have very low velocities and other characteristics
which are different from adjacent streams draining steeper topography. They are designated by "Sw"
following the water classification.
(63) Tidal salt waters mean all tidal waters which are classified by the Environmental Management Commission
which generally have a natural chloride ion content in excess of 500 parts per million and include all waters
assigned S classifications.
(64) Toxic substance or toxicant means any substance or combination of substances (including disease-causing
agents), which after discharge and upon exposure, ingestion, inhalation, or assimilation into any organism,
either directly from the environment or indirectly by ingestion through food chains, has the potential to
cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions
(including malfunctions or suppression in reproduction or growth) or physical deformities in such
organisms or their offspring.
(65) Trout waters are those waters which have conditions which shall sustain and allow for trout propagation
and survival of stocked trout on a year-round basis. These waters shall be classified by the Commission
after considering the requirements of Rule .0101(b) and (c) of this Subchapter and include all waters
designated by "Tr" in the water classification.
(66) Waste disposal includes the use of waters for disposal of sewage, industrial waste or other waste after
approved treatment.
(67) Water dependent structures are those structures for which the use requires access or proximity to or siting
within surface waters to fulfill its basic purpose, such as boat ramps, boat houses, docks and bulkheads.
Ancillary facilities such as restaurants, outlets for boat supplies, parking lots and commercial boat storage
areas are not water dependent structures.
(68) Water quality based effluent limits and best management practices are limitations or best management
practices developed by the Division for the purpose of protecting water quality standards and best usage of
surface waters consistent with the requirements of G.S. 143-214.1 and the Federal Water Pollution Control
Act as amended.
(69) Waters with quality higher than the standards means all waters for which the determination of waste load
allocations (pursuant to Rule .0206 of this Section) indicates that water quality is sufficiently greater than
that defined by the standards such that significant pollutant loading capacity still exists in those waters.
(70) Watershed means the entire land area contributing surface drainage to a specific point. For the purpose of
the water supply protection rules in 15A NCAC 2B .0104 and .0211 local governments may use major
landmarks such as highways or property lines to delineate the outer boundary of the drainage area if these
landmarks are immediately adjacent to the ridgeline.
(71) Wetlands are "waters" as defined by G.S. 143-212(6) and are areas that are inundated or saturated by an
accumulation of surface or ground water at a frequency and duration sufficient to support, and that under
normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil
conditions. Wetlands generally include swamps, marshes, bogs and similar areas. Wetlands classified as
waters of the state are restricted to waters of the United States as defined by 33 CFR 328.3 and 40 CFR
230.3.

History Note: Authority G.S. 143-214.1; 143-215.3(a)(1);
Eff. February 1, 1976;
Amended Eff. August 1, 1995; February 1, 1993; August 3, 1992; August 1, 1990;
RRC Objection Eff. July 18, 1996 due to lack of authority and ambiguity;
Amended Eff. August 1, 1998; October 1, 1996.

15A NCAC 02B .0203 PROTECTION OF WATERS DOWNSTREAM OF RECEIVING WATERS
Water quality based effluent limitations or management practices for direct or indirect discharges of waste or for other sources
of water pollution will be developed by the Division such that the water quality standards and best usage of receiving waters
and all downstream waters will not be impaired.

History Note: Authority G.S. 143-214.1; 143-215.3(a)(1);
Eff. February 1, 1976;
Amended Eff. October 1, 1989; January 1, 1985; September 9, 1979.

15A NCAC 02B .0204 LOCATION OF SAMPLING SITES AND MIXING ZONES
(a) Location of Sampling Sites: in conducting tests or making analytical determinations of classified waters to determine
conformity or nonconformity with the established standards, samples shall be collected outside the limits of prescribed mixing
zones. However, where appropriate, samples shall be collected within the mixing zone in order to ensure compliance with
in-zone water quality requirements as outlined in Paragraph (b) of this Rule.
(b) Mixing Zones: a mixing zone may be established in the area of a discharge in order to provide reasonable opportunity for
the mixture of the wastewater with the receiving waters. Water quality standards shall not apply within regions defined as
mixing zones, except that such zones shall be subject to the conditions established in accordance with this Rule. The limits of
such mixing zones shall be defined by the division on a case-by-case basis after consideration of the magnitude and character
of the waste discharge and the size and character of the receiving waters. Mixing zones shall be determined such that
discharges shall not:
(1) result in acute toxicity to aquatic life [as defined by Rule .0202(1) of this Section] or prevent free passage
of aquatic organisms around the mixing zone;
(2) result in offensive conditions;
(3) produce undesirable aquatic life or result in a dominance of nuisance species outside of the assigned mixing
zone; or
(4) endanger the public health or welfare.
In addition, a mixing zone shall not be assigned for point source discharges of fecal coliform organisms in waters classified
"WS-II," "WS-III," "B," or "SA". Mixing zones shall not be assigned for point source discharges of enterococci in waters
classified "SB" or "SA". For the discharge of heated wastewater, compliance with federal rules and regulations pursuant to
Section 316(a) of the Federal Water Pollution Control Act, as amended, shall constitute compliance with Subparagraph (b) of
this Rule.

History Note: Authority G.S. 143-214.1;
Eff. February 1, 1976;
Amended Eff. May 1, 2007; October 1, 1989; February 1, 1986; September 9, 1979.

15A NCAC 02B .0205 NATURAL CHARACTERISTICS OUTSIDE STANDARDS LIMITS
Natural waters may on occasion, or temporarily, have characteristics outside of the normal range established by the standards.
The adopted water quality standards relate to the condition of waters as affected by the discharge of sewage, industrial wastes
or other wastes including those from nonpoint sources and other sources of water pollution. Water quality standards will not
be considered violated when values outside the normal range are caused by natural conditions. Where wastes are discharged
to such waters, the discharger will not be considered a contributor to substandard conditions provided maximum treatment in
compliance with permit requirements is maintained and, therefore, meeting the established limits is beyond the discharger's
control.

History Note: Authority G.S. 143-214.1; 143-215.3(a)(1);
Eff. February 1, 1976;
Amended Eff. October 1, 1989; January 1, 1985.

15A NCAC 02B .0206 FLOW DESIGN CRITERIA FOR EFFLUENT LIMITATIONS
(a) Water quality based effluent limitations shall be developed to allow appropriate frequency and duration of deviations from
water quality standards so that the designated uses of receiving waters are protected. There are water quality standards for a
number of categories of pollutants and to protect a range of water uses. For this reason, the appropriate frequency and
duration of deviations from water quality standards shall not be the same for all categories of standards. A flow design
criterion shall be used in the development of water quality based effluent limitations as a simplified means of estimating the
acceptable frequency and duration of deviations. More complex modeling techniques may also be used to set effluent
limitations directly based on frequency and duration criteria published by the U.S. Environmental Protection Agency available
free of charge at http://water.epa.gov/scitech/swguidance/standards/criteria/current/index.cfm are hereby incorporated by
reference including any subsequent amendments. Use of more complex modeling techniques to set water quality based
effluent limitations shall be approved by the Commission or its designee on a case-by-case basis. Flow design criteria to
calculate water quality based effluent limitations for categories of water quality standards shall be the following:
(1) All standards except toxic substances and aesthetics shall be protected using the minimum average flow for
a period of seven consecutive days that has an average recurrence of once in ten years (7Q10 flow). Other
governing flow strategies, such as varying discharges with the receiving waters ability to assimilate wastes,
may be designated by the Commission or its designee on a case-by-case basis if the discharger or permit
applicant provides evidence that establishes to the satisfaction of the Director that the alternative flow
strategies will give equal or better protection for the water quality standards. "Better protection for the
water quality standards" means that deviations from the standard would be expected less frequently than
provided by using the 7Q10 flow.
(2) Toxic substance standards to protect aquatic life from chronic toxicity shall be protected using the 7Q10
flow.
(3) Toxic substance standards to protect aquatic life from acute toxicity shall be protected using the 1Q10 flow.
(4) Toxic substance standards to protect human health shall be the following:
(A) The 7Q10 flow for standards to protect human health through the consumption of water, fish, and
shellfish from noncarcinogens; and
(B) The mean annual flow to protect human health from carcinogens through the consumption of
water, fish, and shellfish unless site specific fish contamination concerns necessitate the use of an
alternative design flow;
(5) Aesthetic quality shall be protected using the minimum average flow for a period of 30 consecutive days
that has an average recurrence of once in two years (30Q2 flow).
(b) In cases where the stream flow is regulated, a minimum daily low flow may be used as a substitute for the 7Q10 flow,
except in cases where there are acute toxicity concerns for aquatic life. In the cases where there are acute toxicity concerns,
an alternative low flow, such as the instantaneous minimum release, shall be approved by the Director on a case-by-case basis
so that the designated uses of receiving waters are protected.
(c) Flow design criteria shall be used to develop water quality based effluent limitations and for the design of wastewater
treatment facilities. Deviations from a specific water quality standard resulting from discharges that are affirmatively
demonstrated to be in compliance with water quality based effluent limitations for that standard shall not be a violation
pursuant to G.S. 143-215.6 when the actual flow is significantly less than the design flow.
(d) In cases where the 7Q10 flow of the receiving stream is estimated to be zero, water quality based effluent limitations shall
be assigned as follows:
(1) Where the 30Q2 flow is estimated to be greater than zero, effluent limitations for new or expanded
(additional) discharges of oxygen consuming waste shall be set at BOD5= 5 mg/l, NH3-N = 2 mg/l and DO
= 6 mg/l, unless it is determined by the Director that these limitations will not protect water quality
standards. Requirements for existing discharges shall be determined on a case-by-case basis by the
Director. More stringent limits shall be applied in cases where violations of water quality standards are
predicted to occur for a new or expanded discharge with the limits set pursuant to this Rule, or where
existing limits are determined to be inadequate to protect water quality standards.
(2) If the 30Q2 and 7Q10 flows are both estimated to be zero, no new or expanded (additional) discharge of
oxygen consuming waste shall be allowed. Requirements for existing discharges to streams where the
30Q2 and 7Q10 flows are both estimated to be zero shall be determined on a case-by-case basis.
(3) Other water quality standards shall be protected by requiring the discharge to meet the standards unless the
Director determines that alternative limitations protect the classified water uses.
(e) Receiving water flow statistics shall be estimated through consultation with the U.S. Geological Survey. Estimates for any
given location may be based on actual flow data, modeling analyses, or other methods determined to be appropriate by the
Commission or its designee.

History Note: Authority G.S. 143-214.1; 143-215.3(a)(1);
Eff. February 1, 1976;
Amended Eff. January 1, 2015; February 1, 1993; October 1, 1989; August 1, 1985; January 1, 1985.

15A NCAC 02B .0207 MINIMUM ACCEPTABLE DEGREE OF TREATMENT

History Note: Authority G.S. 143-214.1;
Eff. February 1, 1976;
Repealed Eff. September 9, 1979.

15A NCAC 02B .0208 STANDARDS FOR TOXIC SUBSTANCES AND TEMPERATURE
(a) Toxic Substances: the concentration of toxic substances, either alone or in combination with other wastes, in surface
waters shall not render waters injurious to aquatic life or wildlife, recreational activities, public health, or impair the waters for
any designated uses. Specific standards for toxic substances to protect freshwater and tidal saltwater uses are listed in Rules
.0211 and .0220 of this Section, respectively. Procedures for interpreting the narrative standard for toxic substances and
numerical standards applicable to all waters are as follows:
(1) Aquatic life standards: the concentration of toxic substances shall not result in chronic toxicity. Any levels
in excess of the chronic value shall be considered to result in chronic toxicity. In the absence of direct
measurements of chronic toxicity, the concentration of toxic substances shall not exceed the concentration
specified by the fraction of the lowest LC50 value that predicts a no effect chronic level (as determined by
the use of acceptable acute/chronic ratios). If an acceptable acute/chronic ratio is not available, then that
toxic substance shall not exceed one-one hundredth (0.01) of the lowest LC50 or if it is affirmatively
demonstrated that a toxic substance has a half-life of less than 96 hours the maximum concentration shall
not exceed one-twentieth (0.05) of the lowest LC50;
(2) Human health standards: the concentration of toxic substances shall not exceed the level necessary to
protect human health through exposure routes of fish tissue consumption, water consumption, or other route
identified as appropriate for the water body. Fish tissue consumption includes the consumption of shellfish;
(A) For non-carcinogens, these concentrations shall be determined using a Reference Dose (RfD) as
published by the U.S. Environmental Protection Agency pursuant to Section 304(a) of the Federal
Water Pollution Control Act as amended or a RfD issued by the U.S. Environmental Protection
Agency as listed in the Integrated Risk Information System (IRIS) file or a RfD approved by the
Director after consultation with the State Health director. Water quality standards or criteria used
to calculate water quality based effluent limitations to protect human health through the different
exposure routes are determined as follows:
(i) Fish tissue consumption:
WQS = (RfD x RSC) x Body Weight / (FCR x BCF)
where:
WQS = water quality standard or criteria;
RfD = reference dose;
RSC = Relative Source Contribution;
FCR = fish consumption rate (based upon 17.5 gm/person-day);
BCF = bioconcentration factor, or bioaccumulation factor (BAF), as appropriate.
Pursuant to Section 304(a) of the Federal Water Pollution Control Act as amended BCF or BAF
values, literature values, or site specific bioconcentration data approved by the Commission or its
designee are based on U.S. Environmental Protection Agency publications; FCR values are
average consumption rates for a 70 Kg adult for the lifetime of the population; alternative FCR
values may be used when it is considered necessary to protect localized populations that may be
consuming fish at a higher rate; RSC values, when made available through U.S. Environmental
Protection Agency publications pursuant to Section 304(a) of the Federal Clean Water Pollution
Control Act to account for non-water sources of exposure may be either a percentage (multiplied)
or amount subtracted, depending on whether multiple criteria are relevant to the chemical;
(ii) Water consumption (including a correction for fish consumption):
WQS = (RfD x RSC) x Body Weight / [WCR+(FCRxBCF)]
where:
WQS = water quality standard or criteria;
RfD = reference dose;
RSC = Relative Source Contribution;
FCR = fish consumption rate (based upon 17.5 gm/person-day);
BCF = bioconcentration factor, or bioaccumulation factor (BAF), as
appropriate;
WCR = water consumption rate (assumed to be two liters per day for adults).
To protect sensitive groups, exposure is based on a 10 Kg child drinking one liter of water per
day. Standards may also be based on drinking water standards based on the requirements of the
Federal Safe Drinking Water Act [42 U.S.C. 300(f)(g)-1]. For non-carcinogens, specific
numerical water quality standards have not been included in this Rule because water quality
standards to protect aquatic life for all toxic substances for which standards have been considered
are more stringent than numerical standards to protect human health from non-carcinogens
through consumption of fish; standards to protect human health from non-carcinogens through
water consumption are listed under the water supply classification standards in Rule .0211 of this
Section; the equations listed in this Subparagraph shall be used to develop water quality based
effluent limitations on a case-by-case basis for toxic substances that are not presently included in
the water quality standards. Alternative FCR values may be used when it is considered necessary
to protect localized populations that may be consuming fish at a higher rate;
(B) For carcinogens, the concentrations of toxic substances shall not result in unacceptable health
risks and shall be based on a Carcinogenic Potency Factor (CPF). An unacceptable health risk for
cancer shall be considered to be more than one case of cancer per one million people exposed
(10-6 risk level). The CPF is a measure of the cancer-causing potency of a substance estimated by
the upper 95 percent confidence limit of the slope of a straight line calculated by the Linearized
Multistage Model or other appropriate model according to U.S. Environmental Protection Agency
Guidelines [FR 51 (185): 33992-34003; and FR 45 (231 Part V): 79318-79379]. Water quality
standards or criteria for water quality based effluent limitations are calculated using the
procedures given in Subparagraphs (A) and (B) of this Rule. Standards to protect human health
from carcinogens through water consumption are listed under the water supply classification
standards in Rules .0212, .0214, .0215, .0216, and .0218 of this Section; standards to protect
human health from carcinogens through the consumption of fish (and shellfish) only are
applicable to all waters as follows:
(i) Aldrin: 0.05 ng/l;
(ii) Arsenic: 10 ug/l;
(iii) Benzene: 51 ug/l;
(iv) Carbon tetrachloride: 1.6 ug/l;
(v) Chlordane: 0.8 ng/l;
(vi) DDT: 0.2 ng/l;
(vii) Dieldrin: 0.05 ng/l;
(viii) Dioxin: 0.000005 ng/l;
(ix) Heptachlor: 0.08 ng/l;
(x) Hexachlorobutadiene: 18 ug/l;
(xi) Polychlorinated biphenyls (total of all identified PCBs and congeners): 0.064 ng/l;
(xii) Polynuclear aromatic hydrocarbons (total of all PAHs): 31.1 ng/l;
(xiii) Tetrachloroethane (1,1,2,2): 4 ug/l;
(xiv) Tetrachloroethylene: 3.3 ug/L;
(xvi) Trichloroethylene: 30 ug/l;
(xvii) Vinyl chloride: 2.4 ug/l.
The values listed in Subparts (i) through (xvii) may be adjusted by the Commission or its designee
on a case-by-case basis to account for site-specific or chemical-specific information pertaining to
the assumed BCF, FCR or CPF values or other data;
(b) Temperature: the Commission may establish a water quality standard for temperature for specific water bodies other than
the standards specified in Rules .0211 and .0220 of this Section, upon a case-by-case determination that thermal discharges to
these waters, that serve or may serve as a source or receptor of industrial cooling water provide for the maintenance of the
designated best use throughout a reasonable portion of the water body. Such revisions of the temperature standard must be
consistent with the provisions of Section 316(a) of the Federal Water Pollution Control Act as amended. A listing of existing
thermal revisions shall be maintained and made available to the public by the Division.

History Note: Authority G.S. 143-214.1; 143-215.3(a)(1);
Eff. February 1, 1976;
Amended Eff. May 1, 2007; April 1, 2003; February 1, 1993; October 1, 1989; January 1, 1985;
September 9, 1979.

15A NCAC 02B .0209 VARIANCES FROM APPLICABLE STANDARDS
15A NCAC 02B .0210 BEST USE CRITERIA

History Note: Authority G.S. 143-214.1;
Eff. February 1, 1976;
Amended Eff. September 9, 1979;
Repealed Eff. January 1, 1985.

15A NCAC 02B .0211 FRESH SURFACE WATER QUALITY STANDARDS FOR CLASS C WATERS
General. The water quality standards for all fresh surface waters shall be the basic standards applicable to Class C waters.
Water quality standards for temperature and numerical water quality standards for the protection of human health applicable
to all fresh surface waters are in Rule .0208 of this Section. Additional and more stringent standards applicable to other
specific freshwater classifications are specified in Rules .0212, .0214, .0215, .0216, .0218, .0219, .0223, .0224 and .0225 of
this Section. Action Levels for purposes of National Pollutant Discharge Elimination System (NPDES) permitting are
specified in Item (22) of this Rule.
(1) Best Usage of Waters: aquatic life propagation and maintenance of biological integrity (including fishing
and fish), wildlife, secondary recreation, agriculture, and any other usage except for primary recreation or
as a source of water supply for drinking, culinary, or food processing purposes;
(2) Conditions Related to Best Usage: the waters shall be suitable for aquatic life propagation and
maintenance of biological integrity, wildlife, secondary recreation, and agriculture. Sources of water
pollution that preclude any of these uses on either a short-term or long-term basis shall be considered to be
violating a water quality standard;
(3) Chlorine, total residual: 17 ug/l;
(4) Chlorophyll a (corrected): not greater than 40 ug/l for lakes, reservoirs, and other waters subject to growths
of macroscopic or microscopic vegetation not designated as trout waters, and not greater than 15 ug/l for
lakes, reservoirs, and other waters subject to growths of macroscopic or microscopic vegetation designated
as trout waters (not applicable to lakes or reservoirs less than 10 acres in surface area). The Commission or
its designee may prohibit or limit any discharge of waste into surface waters if the surface waters
experience or the discharge would result in growths of microscopic or macroscopic vegetation such that the
standards established pursuant to this Rule would be violated or the intended best usage of the waters
would be impaired;
(5) Cyanide, total: 5.0 ug/L;
(6) Dissolved oxygen: not less than 6.0 mg/l for trout waters; for non-trout waters, not less than a daily average
of 5.0 mg/l with a minimum instantaneous value of not less than 4.0 mg/l; swamp waters, lake coves, or
backwaters, and lake bottom waters may have lower values if caused by natural conditions;
(7) Fecal coliform: shall not exceed a geometric mean of 200/100ml (MF count) based upon at least five
consecutive samples examined during any 30 day period, nor exceed 400/100ml in more than 20 percent of
the samples examined during such period. Violations of the fecal coliform standard are expected during
rainfall events and, in some cases, this violation is expected to be caused by uncontrollable nonpoint source
pollution. All coliform concentrations shall be analyzed using the membrane filter technique, unless high
turbidity or other adverse conditions necessitate the tube dilution method. In case of controversy over
results, the MPN 5-tube dilution technique shall be used as the reference method;
(8) Floating solids, settleable solids, or sludge deposits: only such amounts attributable to sewage, industrial
wastes, or other wastes as shall not make the water unsafe or unsuitable for aquatic life and wildlife or
impair the waters for any designated uses;
(9) Fluoride: 1.8 mg/l;
(10) Gases, total dissolved: not greater than 110 percent of saturation;
(11) Metals:
(a) With the exception of mercury and selenium, freshwater aquatic life standards for metals shall be
based upon measurement of the dissolved fraction of the metal. Mercury and selenium water
quality standards shall be based upon measurement of the total recoverable metal;
(b) Freshwater metals standards that are not hardness-dependent shall be as follows:
(i) Arsenic, dissolved, acute: WER∙ 340 ug/l;
(ii) Arsenic, dissolved, chronic: WER∙ 150 ug/l;
(iii) Beryllium, dissolved, acute: WER∙ 65 ug/l;
(iv) Beryllium, dissolved, chronic: WER∙ 6.5 ug/l;
(v) Chromium VI, dissolved, acute: WER∙ 16 ug/l;
(vi) Chromium VI, dissolved, chronic: WER∙ 11 ug/l;
(vii) Mercury, total recoverable, chronic: 0.012 ug/l;
(viii) Selenium, total recoverable, chronic: 5 ug/l;
(ix) Silver, dissolved, chronic: WER∙ 0.06 ug/l;
With the exception of mercury and selenium, acute and chronic freshwater aquatic life standards
for metals listed in this Subparagraph apply to the dissolved form of the metal and apply as a
function of the pollutant's water effect ratio (WER). A WER expresses the difference between the
measures of the toxicity of a substance in laboratory waters and the toxicity in site water. The
WER shall be assigned a value equal to one unless any person demonstrates to the Division's
satisfaction in a permit proceeding that another value is developed in accordance with the "Water
Quality Standards Handbook: Second Edition" published by the US Environmental Protection
Agency (EPA-823-B-12-002), free of charge, at
http://water.epa.gov/scitech/swguidance/standards/handbook/, hereby incorporated by reference
including any subsequent amendments. Alternative site-specific standards may also be developed
when any person submits values that demonstrate to the Commissions' satisfaction that they were
derived in accordance with the "Water Quality Standards Handbook: Second Edition,
Recalculation Procedure or the Resident Species Procedure", hereby incorporated by reference
including subsequent amendments at
http://water.epa.gov/scitech/swguidance/standards/handbook/.
This material is available free of charge.
Hardness-dependent freshwater metals standards are located in Sub-Item (c) and (d) of this Rule
and in Table A: Dissolved Freshwater Standards for Hardness-Dependent Metals;
(c) Hardness-dependent freshwater metals standards shall be as follows:
(i) Hardness-dependent metals standards shall be derived using the equations specified in
Table A: Dissolved Freshwater Standards for Hardness-Dependent Metals. If the actual
instream hardness (expressed as CaCO3 or Ca+Mg) is less than 25 milligrams/liter
(mg/l), standards shall be calculated based upon 25 mg/l hardness. If the actual instream
hardness is greater than 25 mg/l and less than 400 mg/l, standards shall be calculated
based upon the actual instream hardness. If the instream hardness is greater than 400
mg/l, the maximum applicable hardness shall be 400 mg/l;
(ii) Hardness-dependent metals in NPDES permitting: for NPDES permitting purposes,
application of the equations in Table A: Dissolved Freshwater Standards for Hardness-
Dependent Metals shall have hardness values (expressed as CaCO3 or Ca+Mg)
established using the median of instream hardness data collected within the local US
Geological Survey (USGS) and Natural Resources Conservation Service (NRCS) 8-digit
Hydrologic Unit (HU). The minimum applicable instream hardness shall be 25 mg/l and
the maximum applicable instream hardness shall be 400 mg/l, even when the actual
median instream hardness is less than 25 mg/l and greater than 400 mg/l;
(d) Alternatives:
Acute and chronic freshwater aquatic life standards for metals listed in Table A apply to the
dissolved form of the metal and apply as a function of the pollutant’s water effect ratio (WER),
which is set forth in Sub-Item (b) of this Rule. Alternative site-specific standards may also be
developed as set forth in Sub-Item (b) of this Rule;
Table A: Dissolved Freshwater Standards for Hardness-Dependent Metals
Numeric standards calculated at 25 mg/l hardness are listed below for illustrative purposes. The Water Effects Ratio
(WER) is equal to one unless determined otherwise under Sub-Item (d) of this Rule.

Metal Equations for Hardness-Dependent Freshwater Metals (ug/l) Standard at
25 mg/l
hardness
(ug/l)
Cadmium,
Acute
WER∙ [{1.136672-[ln hardness](0.041838)} ∙ e^{0.9151 [ln hardness]-3.1485}] 0.82
Cadmium,
Acute,
Trout waters
WER∙ [{1.136672-[ln hardness](0.041838)} ∙ e^{0.9151[ln hardness]-3.6236}] 0.51
Cadmium,
Chronic
WER∙ [{1.101672-[ln hardness](0.041838)} ∙ e^{0.7998[ln hardness]-4.4451}] 0.15
Chromium
III, Acute
WER∙ [0.316 ∙ e^{0.8190[ln hardness]+3.7256}] 180
Chromium
III, Chronic
WER∙ [0.860 ∙ e^{0.8190[ln hardness]+0.6848}]

24

Copper,
Acute
WER∙ [0.960 ∙ e^{0.9422[ln hardness]-1.700}]
Or,
Aquatic Life Ambient Freshwater Quality Criteria—Copper 2007 Revision
(EPA-822-R-07-001)

3.6

NA
Copper,
Chronic
WER∙ [0.960 ∙ e^{0.8545[ln hardness]-1.702}]
Or,
Aquatic Life Ambient Freshwater Quality Criteria—Copper 2007 Revision
(EPA-822-R-07-001)
2.7

NA
Lead,
Acute
WER∙ [{1.46203-[ln hardness](0.145712)} ∙ e^{1.273[ln hardness]-1.460}] 14
Lead,
Chronic
WER∙ [{1.46203-[ln hardness](0.145712)} ∙ e^{1.273[ln hardness]-4.705}] 0.54
Nickel,
Acute
WER∙ [0.998 ∙ e^{0.8460[ln hardness]+2.255}] 140
Nickel,
Chronic
WER∙ [ 0.997 ∙ e^{0.8460[ln hardness]+0.0584}] 16
Silver, WER∙ [ 0.85 ∙ e^{1.72[ln hardness]-6.59}] 0.30
Acute
Zinc, Acute WER∙ [0.978 ∙ e^{0.8473[ln hardness]+0.884}] 36
Zinc,
Chronic
WER∙ [ 0.986 ∙ e^{0.8473[ln hardness]+0.884}] 36

(e) Compliance with acute instream metals standards shall only be evaluated using an average of two
or more samples collected within one hour. Compliance with chronic instream metals standards
shall only be evaluated using an average of a minimum of four samples taken on consecutive days,
or as a 96-hour average;
(f) Metals criteria shall be used for proactive environmental management. An instream exceedence of
the numeric criterion for metals shall not be considered to have caused an adverse impact to the
instream aquatic community without biological confirmation and a comparison of all available
monitoring data and applicable water quality standards. This weight of evidence evaluation shall
take into account data quality and the overall confidence in how representative the sampling is of
conditions in the waterbody segment before an assessment of aquatic life use attainment, or non-
attainment, shall be made by the Division. Recognizing the synergistic and antagonistic
complexities of other water quality variables on the actual toxicity of metals, with the exception of
mercury and selenium, biological monitoring will be used to validate, by direct measurement,
whether or not the aquatic life use is supported;
(12) Oils, deleterious substances, colored, or other wastes: only such amounts as shall not render the waters
injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the
palatability of fish, aesthetic quality, or impair the waters for any designated uses. For the purpose of
implementing this Rule, oils, deleterious substances, colored, or other wastes shall include substances that
cause a film or sheen upon or discoloration of the surface of the water or adjoining shorelines pursuant to
40 CFR 110.3(a)-(b) which are hereby incorporated by reference including any subsequent amendments
and additions. This material is available, free of charge, at: http://www.ecfr.gov/;
(13) Pesticides:
(a) Aldrin: 0.002 ug/l;
(b) Chlordane: 0.004 ug/l;
(c) DDT: 0.001 ug/l;
(d) Demeton: 0.1 ug/l;
(e) Dieldrin: 0.002 ug/l;
(f) Endosulfan: 0.05 ug/l;
(g) Endrin: 0.002 ug/l;
(h) Guthion: 0.01 ug/l;
(i) Heptachlor: 0.004 ug/l;
(j) Lindane: 0.01 ug/l;
(k) Methoxychlor: 0.03 ug/l;
(l) Mirex: 0.001 ug/l;
(m) Parathion: 0.013 ug/l; and
(n) Toxaphene: 0.0002 ug/l;
(14) pH: shall be normal for the waters in the area, which range between 6.0 and 9.0 except that swamp waters
may have a pH as low as 4.3 if it is the result of natural conditions;
(15) Phenolic compounds: only such levels as shall not result in fish-flesh tainting or impairment of other best
usage;
(16) Polychlorinated biphenyls (total of all PCBs and congeners identified): 0.001 ug/l;
(17) Radioactive substances:
(a) Combined radium-226 and radium-228: the average annual activity level (based on at least one
sample collected per quarter) for combined radium-226 and radium-228 shall not exceed five
picoCuries per liter;
(b) Alpha Emitters: the average annual gross alpha particle activity (including radium-226, but
excluding radon and uranium) shall not exceed 15 picoCuries per liter;
(c) Beta Emitters: the average annual activity level (based on at least one sample collected per
quarter) for strontium-90 shall not exceed eight picoCuries per liter; nor shall the average annual
gross beta particle activity (excluding potassium-40 and other naturally occurring radionuclides)
exceed 50 picoCuries per liter; nor shall the average annual activity level for tritium exceed
20,000 picoCuries per liter;
(18) Temperature: not to exceed 2.8 degrees C (5.04 degrees F) above the natural water temperature, and in no
case to exceed 29 degrees C (84.2 degrees F) for mountain and upper piedmont waters and 32 degrees C
(89.6 degrees F) for lower piedmont and coastal plain Waters; the temperature for trout waters shall not be
increased by more than 0.5 degrees C (0.9 degrees F) due to the discharge of heated liquids, but in no case
to exceed 20 degrees C (68 degrees F);
(19) Toluene: 11 ug/l or 0.36 ug/l in trout classified waters;
(20) Trialkyltin compounds: 0.07 ug/l expressed as tributyltin;
(21) Turbidity: the turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in
streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout
waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if
turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be
increased. Compliance with this turbidity standard can be met when land management activities employ
Best Management Practices (BMPs) [as defined by Rule .0202 of this Section] recommended by the
Designated Nonpoint Source Agency [as defined by Rule .0202 of this Section]. BMPs shall be in full
compliance with all specifications governing the proper design, installation, operation, and maintenance of
such BMPs;
(22) Action Levels for Toxic Substances Applicable to NPDES Permits:
(a) Copper, dissolved, chronic: 2.7 ug/l;
(b) Silver, dissolved, chronic: 0.06 ug/l;
(c) Zinc, dissolved, chronic: 36 ug/l; and
(d) Chloride: 230 mg/l;
The hardness-dependent freshwater action levels for copper and zinc, provided here for illustrative
purposes, corresponds to a hardness of 25 mg/l. Copper and zinc action level values for other instream
hardness values shall be calculated per the chronic equations specified in Item (11) of this Rule and in
Table A: Dissolved Freshwater Standards for Hardness-Dependent Metals. If the action levels for any of
the substances listed in this Item (which are generally not bioaccumulative and have variable toxicity to
aquatic life because of chemical form, solubility, stream characteristics or associated waste characteristics)
are determined by the waste load allocation to be exceeded in a receiving water by a discharge under the
specified 7Q10 criterion for toxic substances, the discharger shall monitor the chemical or biological
effects of the discharge; efforts shall be made by all dischargers to reduce or eliminate these substances
from their effluents. Those substances for which action levels are listed in this Item shall be limited as
appropriate in the NPDES permit if sufficient information (to be determined for metals by measurements of
that portion of the dissolved instream concentration of the action levels parameter attributable to a specific
NPDES permitted discharge) exists to indicate that any of those substances may be a causative factor
resulting in toxicity of the effluent.

History Note: Authority G.S. 143-214.1; 143-215.3(a)(1);
Eff. February 1, 1976;
Amended Eff. January 1, 2015; May 1, 2007; April 1, 2003; August 1, 2000; October 1, 1995; August 1,
1995; April 1, 1994; February 1, 1993.

15A NCAC 02B .0212 FRESH SURFACE WATER QUALITY STANDARDS FOR CLASS WS-I WATERS
The following water quality standards apply to surface waters within water supply watersheds classified as WS-I. Water
quality standards applicable to Class C waters as described in Rule .0211 of this Section shall also apply to Class WS-I
waters.
(1) The best usage of WS-I waters shall be as follows: a source of water supply for drinking, culinary, or
food-processing purposes for those users desiring maximum protection of their water supplies; waters
located on land in public ownership; and any best usage specified for Class C waters;
(2) The conditions related to the best usage shall be as follows: waters of this class are protected water
supplies within essentially natural and undeveloped watersheds in public ownership with no permitted point
source dischargers except those specified in Rule .0104 of this Subchapter; waters within this class shall be
relatively unimpacted by nonpoint sources of pollution; land use management programs are required to
protect waters from nonpoint source pollution; the waters, following treatment required by the Division,
shall meet the Maximum Contaminant Level concentrations considered safe for drinking, culinary, and
food-processing purposes that are specified in the national drinking water regulations and in the North
Carolina Rules Governing Public Water Supplies, 15A NCAC 18C .1500. Sources of water pollution that
preclude any of these uses on either a short-term or long-term basis shall be considered to be violating a
water quality standard. The Class WS-I classification may be used to protect portions of Class WS-II, WS-
III, and WS-IV water supplies. For reclassifications occurring after the July 1, 1992 statewide
reclassification, the more protective classification requested by local governments shall be considered by
the Commission when all local governments having jurisdiction in the affected area(s) have adopted a
resolution and the appropriate ordinances to protect the watershed or the Commission acts to protect a
watershed when one or more local governments has failed to adopt necessary protection measures;
(3) Quality standards applicable to Class WS-I Waters shall be as follows:
(a) MBAS (Methylene-Blue Active Substances): not greater than 0.5 mg/l to protect the aesthetic
qualities of water supplies and to prevent foaming;
(b) Nonpoint Source Pollution: none shall be allowed that would adversely impact the waters for use
as a water supply or any other designated use;
(c) Organisms of coliform group: total coliforms not to exceed 50/100 ml (MF count) as a monthly
geometric mean value in watersheds serving as unfiltered water supplies;
(d) Chlorinated phenolic compounds: not greater than 1.0 ug/l to protect water supplies from taste
and odor problems from chlorinated phenols;
(e) Sewage, industrial wastes: none shall be allowed except those specified in Item (2) of this Rule or
Rule .0104 of this Subchapter;
(f) Solids, total dissolved: not greater than 500 mg/l;
(g) Total hardness: not greater than 100 mg/l as calcium carbonate (CaCO3 or Ca + Mg);
(h) Toxic and other deleterious substances:
(i) Water quality standards (maximum permissible concentrations) to protect human health
through water consumption and fish tissue consumption for non-carcinogens in Class
WS-I waters:
(A) Barium: 1.0 mg/l;
(B) Chloride: 250 mg/l;
(C) Nickel: 25 ug/l;
(D) Nitrate nitrogen: 10.0 mg/l;
(E) 2,4-D: 70 ug/l;
(F) 2,4,5-TP (Silvex): 10 ug/l; and
(G) Sulfates: 250 mg/l;
(ii) Water quality standards (maximum permissible concentrations) to protect human health
through water consumption and fish tissue consumption for carcinogens in Class WS-I
waters:
(A) Aldrin: 0.05 ng/1;
(B) Arsenic: 10 ug/l;
(C) Benzene: 1.19 ug/1;
(D) Carbon tetrachloride: 0.254 ug/l;
(E) Chlordane: 0.8 ng/1;
(F) Chlorinated benzenes: 488 ug/l;
(G) DDT: 0.2 ng/1;
(H) Dieldrin: 0.05 ng/1;
(I) Dioxin: 0.000005 ng/l;
(J) Heptachlor: 0.08 ng/1;
(K) Hexachlorobutadiene: 0.44 ug/l;
(L) Polynuclear aromatic hydrocarbons (total of all PAHs): 2.8 ng/l;
(M) Tetrachloroethane (1,1,2,2): 0.17 ug/l;
(N) Tetrachloroethylene: 0.7 ug/l;
(O) Trichloroethylene: 2.5 ug/l; and
(P) Vinyl Chloride: 0.025 ug/l.

History Note: Authority G.S. 143-214.1; 143-215.3(a)(1);
Eff. February 1, 1976;
Amended Eff. January 1, 2015; May 1, 2007; April 1, 2003; October 1, 1995; February 1, 1993; March 1,
1991; October 1, 1989.

15A NCAC 02B .0213 REVISIONS TO DISSOLVED OXYGEN STANDARDS

History Note: Authority G.S. 143-214.1;
Eff. December 14, 1978;
Amended Eff. July 1, 1988;
Repealed Eff. October 1, 1989.

15A NCAC 02B .0214 FRESH SURFACE WATER QUALITY STANDARDS FOR CLASS WS-II WATERS
The following water quality standards apply to surface waters within water supply watersheds classified as WS-II. Water
quality standards applicable to Class C waters as described in Rule .0211 of this Section shall also apply to Class WS-II
waters.
(1) The best usage of WS-II waters shall be as follows: a source of water supply for drinking, culinary, or
food-processing purposes for those users desiring maximum protection for their water supplies where a
WS-I classification is not feasible and any best usage specified for Class C waters;
(2) The conditions related to the best usage shall be as follows: waters of this class are protected as water
supplies that are in predominantly undeveloped watersheds and meet average watershed development
density levels as specified in Sub-Items (3)(b)(i)(A), (3)(b)(i)(B), (3)(b)(ii)(A) and (3)(b)(ii)(B) of this
Rule; discharges that qualify for a General Permit pursuant to 15A NCAC 02H .0127, trout farm
discharges, recycle (closed loop) systems that only discharge in response to 10-year storm events and other
stormwater discharges shall be allowed in the entire watershed; new domestic and industrial discharges of
treated wastewater shall not be allowed in the entire watershed; the waters, following treatment required by
the Division, shall meet the Maximum Contaminant Level concentrations considered safe for drinking,
culinary, and food-processing purposes that are specified in the national drinking water regulations and in
the North Carolina Rules Governing Public Water Supplies, 15A NCAC 18C .1500. Sources of water
pollution that preclude any of these uses on either a short-term or long-term basis shall be considered to be
violating a water quality standard. The Class WS-II classification may be used to protect portions of Class
WS-III and WS-IV water supplies. For reclassifications of these portions of Class WS-III and WS-IV
water supplies occurring after the July 1, 1992 statewide reclassification, the more protective classification
requested by local governments shall be considered by the Commission when all local governments having
jurisdiction in the affected area(s) have adopted a resolution and the appropriate ordinances to protect the
watershed or the Commission acts to protect a watershed when one or more local governments has failed to
adopt necessary protection measures;
(3) Quality standards applicable to Class WS-II Waters shall be as follows:
(a) Sewage, industrial wastes, non-process industrial wastes, or other wastes: none shall be allowed
except for those specified in either Item (2) of this Rule and Rule .0104 of this Subchapter; none
shall be allowed that have an adverse effect on human health or that are not treated to the
satisfaction of the Commission and in accordance with the requirements of the Division. Any
discharger shall be required upon request by the Commission to disclose all chemical constituents
present or potentially present in their wastes and chemicals that could be spilled or be present in
runoff from their facility that may have an adverse impact on downstream water quality. These
facilities may be required to have spill and treatment failure control plans as well as perform
special monitoring for toxic substances;
(b) Nonpoint Source and Stormwater Pollution: none that would adversely impact the waters for use
as a water supply or any other designated use;
(i) Nonpoint Source and Stormwater Pollution Control Criteria for Entire Watershed:
(A) Low Density Option: development density shall be limited to either no more
than one dwelling unit per acre of single family detached residential
development (or 40,000 square foot lot excluding roadway right-of-way), or 12
percent built-upon area for all other residential and non-residential
development in the watershed outside of the critical area; stormwater runoff
from the development shall be transported by vegetated conveyances to the
maximum extent practicable;
(B) High Density Option: if new development exceeds the low density option
requirements as stated in Sub-Item (3)(b)(i)(A) of this Rule, then engineered
stormwater controls shall be used to control runoff from the first inch of
rainfall; new residential and non-residential development shall not exceed 30
percent built-upon area;
(C) Land within the watershed shall be deemed compliant with the density
requirements if the following condition is met: the density of all existing
development at the time of reclassification does not exceed the density
requirement when densities are averaged throughout the entire watershed area
at the time of classification;
(D) Cluster development shall be allowed on a project-by-project basis as follows:
(I) overall density of the project meets associated density or stormwater
control requirements of this Rule;
(II) buffers meet the minimum statewide water supply watershed
protection requirements;
(III) built-upon areas shall be designed and located to minimize
stormwater runoff impact to the receiving waters, minimize
concentrated stormwater flow, maximize the use of sheet flow through
vegetated areas, and maximize the flow length through vegetated
areas;
(IV) areas of concentrated development shall be located in upland areas
and away, to the maximum extent practicable, from surface waters
and drainageways;
(V) remainder of tract to remain in vegetated or natural state;
(VI) area in the vegetated or natural state may be conveyed to a property
owners association, a local government for preservation as a park or
greenway, a conservation organization, or placed in a permanent
conservation or farmland preservation easement;
(VII) a maintenance agreement for the vegetated or natural area shall be
filed with the Register of Deeds; and
(VIII) cluster development that meets the applicable low density option
requirements shall transport stormwater runoff from the development
by vegetated conveyances to the maximum extent practicable;
(E) A maximum of 10 percent of each jurisdiction's portion of the watershed
outside of the critical area as delineated on July 1, 1993 may be developed with
new development projects and expansions of existing development of up to 70
percent built-upon surface area (the "10/70 option") in addition to the new
development approved in compliance with the appropriate requirements of
Sub-Item (3)(b)(i)(A) or Sub-Item (3)(b)(i)(B) of this Rule. For expansions to
existing development, the existing built-upon surface area shall not be counted
toward the allowed 70 percent built-upon surface area. A local government
having jurisdiction within the watershed may transfer, in whole or in part, its
right to the 10/70 option land area to another local government within the
watershed upon submittal of a joint resolution and review by the Commission.
When the water supply watershed is composed of public lands, such as
National Forest land, local governments may count the public land acreage
within the watershed outside of the critical area in calculating the acreage
allowed under this provision. For local governments that do not choose to use
the high density option in that WS-II watershed, each project shall, to the
maximum extent practicable, minimize built-upon surface area, direct
stormwater runoff away from surface waters, and incorporate best management
practices, as defined in Rule .0202 of this Section, to minimize water quality
impacts. If the local government selects the high density development option
within that WS-II watershed, then engineered stormwater controls shall be
employed for the new development;
(F) If local governments choose the high density development option that requires
stormwater controls, then they shall assume ultimate responsibility for
operation and maintenance of the required controls as outlined in Rule .0104 of
this Subchapter;
(G) A minimum 100 foot vegetative buffer shall be required for all new
development activities that exceed the low density option requirements as
specified in Sub-Items (3)(b)(i)(A) and Sub-Item (3)(b)(ii)(A) of this Rule,
otherwise a minimum 30 foot vegetative buffer for development activities shall
be required along all perennial waters indicated on the most recent versions of
U.S.G.S. 1:24,000 (7.5 minute) scale topographic maps or as determined by
local government studies. Nothing in this Rule shall stand as a bar to artificial
streambank or shoreline stabilization;
(H) No new development shall be allowed in the buffer; water dependent
structures, or other structures such as flag poles, signs, and security lights,
which result in only de minimus increases in impervious area and public
projects such as road crossings and greenways may be allowed where no
practicable alternative exists. These activities shall minimize built-upon surface
area and avoid channelizing stormwater;
(I) No National Pollutant Discharge Elimination System (NPDES) permits shall be
issued for landfills that discharge treated leachate;
(ii) Critical Area Nonpoint Source and Stormwater Pollution Control Criteria:
(A) Low Density Option: new development shall be limited to either no more than
one dwelling unit of single family detached residential development per two
acres (or 80,000 square foot lot excluding roadway right-of-way), or six
percent built-upon area for all other residential and non-residential
development; stormwater runoff from the development shall be transported by
vegetated conveyances to the maximum extent practicable;
(B) High Density Option: if new development density exceeds the low density
requirements specified in Sub-Item (3)(b)(ii)(A) of this Rule, then engineered
stormwater controls shall be used to control runoff from the first inch of
rainfall; new residential and non-residential development density shall not
exceed 24 percent built-upon area;
(C) No new permitted sites for land application of residuals or petroleum
contaminated soils shall be allowed;
(D) No new landfills shall be allowed;
(c) MBAS (Methylene-Blue Active Substances): not greater than 0.5 mg/l to protect the aesthetic
qualities of water supplies and to prevent foaming;
(d) Odor producing substances contained in sewage or other wastes: only such amounts, whether
alone or in combination with other substances or wastes, as shall not cause taste and odor
difficulties in water supplies that cannot be corrected by treatment, impair the palatability of fish,
or have a deleterious effect upon any best usage established for waters of this class;
(e) Chlorinated phenolic compounds: not greater than 1.0 ug/l to protect water supplies from taste
and odor problems from chlorinated phenols;
(f) Total hardness: not greater than 100 mg/l as calcium carbonate (CaCO3 or Ca + Mg);
(g) Total dissolved solids: not greater than 500 mg/l;
(h) Toxic and other deleterious substances:
(i) Water quality standards (maximum permissible concentrations) to protect human health
through water consumption and fish tissue consumption for non-carcinogens in Class
WS-II waters:
(A) Barium: 1.0 mg/l;
(B) Chloride: 250 mg/l;
(C) Nickel: 25 ug/l;
(D) Nitrate nitrogen: 10 mg/l;
(E) 2,4-D: 70 ug/l;
(F) 2,4,5-TP (Silvex): 10 ug/l; and
(G) Sulfates: 250 mg/l;
(ii) Water quality standards (maximum permissible concentrations) to protect human health
through water consumption and fish tissue consumption for carcinogens in Class WS-II
waters:
(A) Aldrin: 0.05 ng/l;
(B) Arsenic: 10 ug/l;
(C) Benzene: 1.19 ug/l;
(D) Carbon tetrachloride: 0.254 ug/l;
(E) Chlordane: 0.8 ng/l;
(F) Chlorinated benzenes: 488 ug/l;
(G) DDT: 0.2 ng/l;
(H) Dieldrin: 0.05 ng/l;
(I) Dioxin: 0.000005 ng/l;
(J) Heptachlor: 0.08 ng/l;
(K) Hexachlorobutadiene: 0.44 ug/l;
(L) Polynuclear aromatic hydrocarbons (total of all PAHs): 2.8 ng/l;
(M) Tetrachloroethane (1,1,2,2): 0.17 ug/l;
(N) Tetrachloroethylene: 0.7 ug/l;
(O) Trichloroethylene: 2.5 ug/l; and
(P) Vinyl Chloride: 0.025 ug/l.

History Note: Authority G.S. 143-214.1; 143-215.3(a)(1);
Eff. May 10, 1979;
Amended Eff. January 1, 2015; May 1, 2007; April 1, 2003; January 1, 1996; October 1, 1995.

15A NCAC 02B .0215 FRESH SURFACE WATER QUALITY STANDARDS FOR CLASS WS-III WATERS
The following water quality standards apply to surface waters within water supply watersheds classified as WS-III. Water
quality standards applicable to Class C waters as described in Rule .0211 of this Section shall also apply to Class WS-III
waters.
(1) The best usage of WS-III waters shall be as follows: a source of water supply for drinking, culinary, or
food-processing purposes for those users where a more protective WS-I or WS-II classification is not
feasible and any other best usage specified for Class C waters;
(2) The conditions related to the best usage shall be as follows: waters of this class are protected as water
supplies that are in low to moderately developed watersheds and meet average watershed development
density levels as specified in Sub-Items (3)(b)(i)(A), (3)(b)(i)(B), (3)(b)(ii)(A) and (3)(b)(ii)(B) of this
Rule; discharges that qualify for a General Permit pursuant to 15A NCAC 2H .0127, trout farm discharges,
recycle (closed loop) systems that only discharge in response to 10-year storm events, and other stormwater
discharges shall be allowed in the entire watershed; treated domestic wastewater discharges shall be
allowed in the entire watershed but no new domestic wastewater discharges shall be allowed in the critical
area; no new industrial wastewater discharges except non-process industrial discharges shall be allowed in
the entire watershed; the waters, following treatment required by the Division, shall meet the Maximum
Contaminant Level concentrations considered safe for drinking, culinary, or food-processing purposes that
are specified in the national drinking water regulations and in the North Carolina Rules Governing Public
Water Supplies, 15A NCAC 18C .1500. Sources of water pollution that preclude any of these uses on
either a short-term or long-term basis shall be considered to be violating a water quality standard. The Class
WS-III classification may be used to protect portions of Class WS-IV water supplies. For reclassifications
of these portions of WS-IV water supplies occurring after the July 1, 1992 statewide reclassification, the
more protective classification requested by local governments shall be considered by the Commission when
all local governments having jurisdiction in the affected area(s) have adopted a resolution and the
appropriate ordinances to protect the watershed or the Commission acts to protect a watershed when one or
more local governments has failed to adopt necessary protection measures;
(3) Quality standards applicable to Class WS-III Waters shall be as follows:
(a) Sewage, industrial wastes, non-process industrial wastes, or other wastes: none shall be allowed
except for those specified in Item (2) of this Rule and Rule .0104 of this Subchapter; none shall be
allowed that have an adverse effect on human health or that are not treated to the satisfaction of
the Commission and in accordance with the requirements of the Division. Any discharger may be
required by the Commission to disclose all chemical constituents present or potentially present in
their wastes and chemicals that could be spilled or be present in runoff from their facility that may
have an adverse impact on downstream water quality. These facilities may be required to have
spill and treatment failure control plans as well as perform special monitoring for toxic
substances;
(b) Nonpoint Source and Stormwater Pollution: none that would adversely impact the waters for use
as water supply or any other designated use;
(i) Nonpoint Source and Stormwater Pollution Control Criteria For Entire Watershed:
(A) Low Density Option: development density shall be limited to either no more
than two dwelling units of single family detached residential development per
acre (or 20,000 square foot lot excluding roadway right-of-way), or 24 percent
built-upon area for all other residential and non-residential development in
watershed outside of the critical area; stormwater runoff from the development
shall be transported by vegetated conveyances to the maximum extent
practicable;
(B) High Density Option: if new development density exceeds the low density
option requirements specified in Sub-Item (3)(b)(i)(A) of this Rule then
development shall control runoff from the first inch of rainfall; new residential
and non-residential development shall not exceed 50 percent built-upon area;
(C) Land within the watershed shall be deemed compliant with the density
requirements if the following condition is met: the density of all existing
development at the time of reclassification does not exceed the density
requirement when densities are averaged throughout the entire watershed area;
(D) Cluster development shall be allowed on a project-by-project basis as follows:
(I) overall density of the project meets associated density or stormwater
control requirements of this Rule;
(II) buffers meet the minimum statewide water supply watershed
protection requirements;
(III) built-upon areas shall be designed and located to minimize
stormwater runoff impact to the receiving waters, minimize
concentrated stormwater flow, maximize the use of sheet flow through
vegetated areas, and maximize the flow length through vegetated
areas;
(IV) areas of concentrated development shall be located in upland areas
and away, to the maximum extent practicable, from surface waters
and drainageways;
(V) remainder of tract to remain in vegetated or natural state;
(VI) area in the vegetated or natural state may be conveyed to a property
owners association, a local government for preservation as a park or
greenway, a conservation organization, or placed in a permanent
conservation or farmland preservation easement;
(VII) a maintenance agreement for the vegetated or natural area shall be
filed with the Register of Deeds; and
(VIII) cluster development that meets the applicable low density option
requirements shall transport stormwater runoff from the development
by vegetated conveyances to the maximum extent practicable;
(E) A maximum of 10 percent of each jurisdiction's portion of the watershed
outside of the critical area as delineated on July 1, 1993 may be developed with
new development projects and expansions of existing development of up to 70
percent built-upon surface area (the "10/70 option") in addition to the new
development approved in compliance with the appropriate requirements of
Sub-Item (3)(b)(i)(A) or Sub-Item (3)(b)(i)(B) of this Rule. For expansions to
existing development, the existing built-upon surface area shall not be counted
toward the allowed 70 percent built-upon surface area. A local government
having jurisdiction within the watershed may transfer, in whole or in part, its
right to the 10/70 option land area to another local government within the
watershed upon submittal of a joint resolution and review by the Commission.
When the water supply watershed is composed of public lands, such as
National Forest land, local governments may count the public land acreage
within the watershed outside of the critical area in figuring the acreage allowed
under this provision. For local governments that do not choose to use the high
density option in that WS-III watershed, each project shall, to the maximum
extent practicable, minimize built-upon surface area, direct stormwater runoff
away from surface waters, and incorporate best management practices, as
defined in Rule .0202 of this Section, to minimize water quality impacts. If the
local government selects the high density development option within that
WS-III watershed, then engineered stormwater controls shall be employed for
the new development;
(F) If local governments choose the high density development option that requires
engineered stormwater controls, then they shall assume ultimate responsibility
for operation and maintenance of the required controls as outlined in Rule
.0104 of this Subchapter;
(G) A minimum 100 foot vegetative buffer shall be required for all new
development activities that exceed the low density requirements as specified in
Sub-Item (3)(b)(i)(A) and Sub-Item (3)(b)(ii)(A) of this Rule, otherwise a
minimum 30 foot vegetative buffer for development shall be required along all
perennial waters indicated on the most recent versions of U.S.G.S. 1:24,000
(7.5 minute) scale topographic maps or as determined by local government
studies. Nothing in this Rule shall stand as a bar to artificial streambank or
shoreline stabilization;
(H) No new development shall be allowed in the buffer; water dependent
structures, or other structures such as flag poles, signs, and security lights,
which result in only de minimus increases in impervious area and public
projects such as road crossings and greenways may be allowed where no
practicable alternative exists. These activities shall minimize built-upon surface
area and avoid channelizing stormwater;
(I) No National Pollutant Discharge Elimination System (NPDES) permits shall be
issued for landfills that discharge treated leachate;
(ii) Critical Area Nonpoint Source and Stormwater Pollution Control Criteria:
(A) Low Density Option: new development shall be limited to either no more than
one dwelling unit of single family detached residential development per acre
(or 40,000 square foot lot excluding roadway right-of-way), or 12 percent
built-upon area for all other residential and non-residential development;
stormwater runoff from the development shall be transported by vegetated
conveyances to the maximum extent practicable;
(B) High Density Option: if new development exceeds the low density
requirements specified in Sub-Item (3)(b)(ii)(A) of this Rule, then engineered
stormwater controls shall be used to control runoff from the first inch of
rainfall; development shall not exceed 30 percent built-upon area;
(C) No new permitted sites for land application of residuals or petroleum
contaminated soils shall be allowed;
(D) No new landfills shall be allowed;
(c) MBAS (Methylene-Blue Active Substances): not greater than 0.5 mg/l to protect the aesthetic
qualities of water supplies and to prevent foaming;
(d) Odor producing substances contained in sewage, industrial wastes, or other wastes: only such
amounts, whether alone or in combination with other substances or wastes, as shall not cause taste
and odor difficulties in water supplies that cannot be corrected by treatment, impair the
palatability of fish, or have a deleterious effect upon any best usage established for waters of this
class;
(e) Chlorinated phenolic compounds: not greater than 1.0 ug/l to protect water supplies from taste
and odor problems from chlorinated phenols;
(f) Total hardness: not greater than 100 mg/l as calcium carbonate (CaCO3 or Ca + Mg);
(g) Total dissolved solids: not greater than 500 mg/l;
(h) Toxic and other deleterious substances:
(i) Water quality standards (maximum permissible concentrations) to protect human health
through water consumption and fish tissue consumption for non-carcinogens in Class
WS-III waters:
(A) Barium: 1.0 mg/l;
(B) Chloride: 250 mg/l;
(C) Nickel: 25 ug/l;
(D) Nitrate nitrogen: 10 mg/l;
(E) 2,4-D: 70 ug/l;
(F) 2,4,5-TP (Silvex): 10 ug/l; and
(G) Sulfates: 250 mg/l;
(ii) Water quality standards (maximum permissible concentrations) to protect human health
through water consumption and fish tissue consumption for carcinogens in Class WS-III
waters:
(A) Aldrin: 0.05 ng/l;
(B) Arsenic: 10 ug/l;
(C) Benzene: 1.19 ug/l;
(D) Carbon tetrachloride: 0.254 ug/l;
(E) Chlordane: 0.8 ng/l;
(F) Chlorinated benzenes: 488 ug/l;
(G) DDT: 0.2 ng/l;
(H) Dieldrin: 0.05 ng/l;
(I) Dioxin: 0.000005 ng/l;
(J) Heptachlor: 0.08 ng/l;
(K) Hexachlorobutadiene: 0.44 ug/l;
(L) Polynuclear aromatic hydrocarbons (total of all PAHs): 2.8 ng/l;
(M) Tetrachloroethane (1,1,2,2): 0.17 ug/l;
(N) Tetrachloroethylene: 0.7 ug/l;
(O) Trichloroethylene: 2.5 ug/l; and
(P) Vinyl Chloride: 0.025 ug/l.

History Note: Authority G.S. 143-214.1; 143-215.3(a)(1);
Eff. September 9, 1979;
Amended Eff. January 1, 2015; May 1, 2007; April 1, 2003; January 1, 1996; October 1, 1995; October 1,
1989.

15A NCAC 02B .0216 FRESH SURFACE WATER QUALITY STANDARDS FOR WS-IV WATERS
The following water quality standards apply to surface waters within water supply watersheds classified as WS-IV. Water
quality standards applicable to Class C waters as described in Rule .0211 of this Section shall also apply to Class WS-IV
waters.
(1) The best usage of WS-IV waters shall be as follows: a source of water supply for drinking, culinary, or
food-processing purposes for those users where a more protective WS-I, WS-II or WS-III classification is
not feasible and any other best usage specified for Class C waters;
(2) The conditions related to the best usage shall be as follows: waters of this class are protected as water
supplies that are in moderately to highly developed watersheds or protected areas and meet average
watershed development density levels as specified in Sub-Items (3)(b)(i)(A), (3)(b)(i)(B), (3)(b)(ii)(A) and
(3)(b)(ii)(B) of this Rule; discharges that qualify for a General Permit pursuant to 15A NCAC 02H .0127,
trout farm discharges, recycle (closed loop) systems that only discharge in response to 10-year storm
events, other stormwater discharges, and domestic wastewater discharges shall be allowed in the protected
and critical areas; treated industrial wastewater discharges shall be allowed in the protected and critical
areas; however, new industrial wastewater discharges in the critical area shall be required to meet the
provisions of 15A NCAC 02B .0224(1)(b)(iv), (v) and (vii), and 15A NCAC 02B .0203; new industrial
connections and expansions to existing municipal discharges with a pretreatment program pursuant to 15A
NCAC 02H .0904 shall be allowed; the waters, following treatment required by the Division, shall meet the
Maximum Contaminant Level concentrations considered safe for drinking, culinary, or food-processing
purposes that are specified in the national drinking water regulations and in the North Carolina Rules
Governing Public Water Supplies, 15A NCAC 18C .1500. Sources of water pollution that preclude any of
these uses on either a short-term or long-term basis shall be considered to be violating a water quality
standard. The Class WS-II or WS-III classifications may be used to protect portions of Class WS-IV water
supplies. For reclassifications of these portions of WS-IV water supplies occurring after the July 1, 1992
statewide reclassification, the more protective classification requested by local governments shall be
considered by the Commission when all local governments having jurisdiction in the affected area(s) have
adopted a resolution and the appropriate ordinances to protect the watershed or the Commission acts to
protect a watershed when one or more local governments has failed to adopt necessary protection measures;
(3) Quality standards applicable to Class WS-IV Waters shall be as follows:
(a) Sewage, industrial wastes, non-process industrial wastes, or other wastes: none shall be allowed
except for those specified in Item (2) of this Rule and Rule .0104 of this Subchapter and none
shall be allowed that have an adverse effect on human health or that are not treated to the
satisfaction of the Commission and in accordance with the requirements of the Division. Any
dischargers or industrial users subject to pretreatment standards may be required by the
Commission to disclose all chemical constituents present or potentially present in their wastes and
chemicals that could be spilled or be present in runoff from their facility which may have an
adverse impact on downstream water supplies. These facilities may be required to have spill and
treatment failure control plans as well as perform special monitoring for toxic substances;
(b) Nonpoint Source and Stormwater Pollution: none shall be allowed that would adversely impact
the waters for use as water supply or any other designated use.
(i) Nonpoint Source and Stormwater Pollution Control Criteria For Entire Watershed or
Protected Area:
(A) Low Density Option: development activities that require a
Sedimentation/Erosion Control Plan in accordance with 15A NCAC 04
established by the North Carolina Sedimentation Control Commission or
approved local government programs as delegated by the Sedimentation
Control Commission shall be limited to no more than either: two dwelling units
of single family detached development per acre (or 20,000 square foot lot
excluding roadway right-of-way),or 24 percent built-upon on area for all other
residential and non-residential development; or three dwelling units per acre,
or 36 percent built-upon area for projects without curb and gutter street systems
in the protected area outside of the critical area; stormwater runoff from the
development shall be transported by vegetated conveyances to the maximum
extent practicable;
(B) High Density Option: if new development activities that require a Sedimenta-
tion/Erosion Control Plan exceed the low density requirements of Sub-Item
(3)(b)(i)(A) of this Rule, then development shall control the runoff from the
first inch of rainfall; new residential and non-residential development shall not
exceed 70 percent built-upon area;
(C) Land within the critical and protected area shall be deemed compliant with the
density requirements if the following condition is met: the density of all
existing development at the time of reclassification does not exceed the density
requirement when densities are averaged throughout the entire area;
(D) Cluster development shall be allowed on a project-by-project basis as follows:
(I) overall density of the project meets associated density or stormwater
control requirements of this Rule;
(II) buffers meet the minimum statewide water supply watershed
protection requirements;
(III) built-upon areas shall be designed and located to minimize
stormwater runoff impact to the receiving waters, minimize
concentrated stormwater flow, maximize the use of sheet flow through
vegetated areas, and maximize the flow length through vegetated
areas;
(IV) areas of concentrated development shall be located in upland areas
and away, to the maximum extent practicable, from surface waters
and drainageways;
(V) remainder of tract to remain in vegetated or natural state;
(VI) area in the vegetated or natural state may be conveyed to a property
owners association, a local government for preservation as a park or
greenway, a conservation organization, or placed in a permanent
conservation or farmland preservation easement;
(VII) a maintenance agreement for the vegetated or natural area shall be
filed with the Register of Deeds; and
(VIII) cluster development that meets the applicable low density option
requirements shall transport stormwater runoff from the development
by vegetated conveyances to the maximum extent practicable;
(E) If local governments choose the high density development option that requires
engineered stormwater controls, then they shall assume responsibility for
operation and maintenance of the required controls as outlined in Rule .0104 of
this Subchapter;
(F) A minimum 100 foot vegetative buffer shall be required for all new
development activities that exceed the low density option requirements as
specified in Sub-Item (3)(b)(i)(A) or Sub-Item (3)(b)(ii)(A) of this Rule,
otherwise a minimum 30 foot vegetative buffer for development shall be
required along all perennial waters indicated on the most recent versions of
U.S.G.S. 1:24,000 (7.5 minute) scale topographic maps or as determined by
local government studies;
(G) No new development shall be allowed in the buffer; water dependent
structures, or other structures, such as flag poles, signs, and security lights,
which result in only de minimus increases in impervious area and public
projects such as road crossings and greenways may be allowed where no
practicable alternative exists. These activities shall minimize built-upon
surface area and avoid channelizing stormwater;
(H) For local governments that do not use the high density option, a maximum of
10 percent of each jurisdiction's portion of the watershed outside of the critical
area as delineated on July 1, 1995 may be developed with new development
projects and expansions to existing development of up to 70 percent built-upon
surface area (the "10/70 option") in addition to the new development approved
in compliance with the appropriate requirements of Sub-Item (3)(b)(i)(A) of
this Rule. For expansions to existing development, the existing built-upon
surface area shall not be counted toward the allowed 70 percent built-upon
surface area. A local government having jurisdiction within the watershed may
transfer, in whole or in part, its right to the 10/70 option land area to another
local government within the watershed upon submittal of a joint resolution for
review by the Commission. When the designated water supply watershed area
is composed of public land, such as National Forest land, local governments
may count the public land acreage within the designated watershed area outside
of the critical area in figuring the acreage allowed under this provision. Each
project shall, to the maximum extent practicable, minimize built-upon surface
area, direct stormwater runoff away from surface waters and incorporate best
management practices, as defined in Rule .0202 of this Section, to minimize
water quality impacts;
(ii) Critical Area Nonpoint Source and Stormwater Pollution Control Criteria:
(A) Low Density Option: new development activities that require a Sedimenta-
tion/Erosion Control Plan in accordance with 15A NCAC 4 established by the
North Carolina Sedimentation Control Commission or approved local
government programs as delegated by the Sedimentation Control Commission
shall be limited to no more than two dwelling units of single family detached
development per acre (or 20,000 square foot lot excluding roadway right-of-
way), or 24 percent built-upon area for all other residential and non-residential
development; stormwater runoff from the development shall be transported by
vegetated conveyances to the maximum extent practicable;
(B) High Density Option: if new development density exceeds the low density
requirements specified in Sub-Item (3)(b)(ii)(A) of this Rule, engineered
stormwater controls shall be used to control runoff from the first inch of
rainfall; new residential and non-residential development shall not exceed 50
percent built-upon area;
(C) No new permitted sites for land application of residuals or petroleum
contaminated soils shall be allowed;
(D) No new landfills shall be allowed;
(c) MBAS (Methylene-Blue Active Substances): not greater than 0.5 mg/l to protect the aesthetic
qualities of water supplies and to prevent foaming;
(d) Odor producing substances contained in sewage, industrial wastes, or other wastes: only such
amounts, whether alone or in combination with other substances or waste, as will not cause taste
and odor difficulties in water supplies that cannot be corrected by treatment, impair the
palatability of fish, or have a deleterious effect upon any best usage established for waters of this
class;
(e) Chlorinated phenolic compounds: not greater than 1.0 ug/l to protect water supplies from taste
and odor problems due to chlorinated phenols shall be allowed. Specific phenolic compounds
may be given a different limit if it is demonstrated not to cause taste and odor problems and not to
be detrimental to other best usage;
(f) Total hardness shall not exceed 100 mg/l as calcium carbonate (CaCO3 or Ca + Mg);
(g) Total dissolved solids shall not exceed 500 mg/l;
(h) Toxic and other deleterious substances:
(i) Water quality standards (maximum permissible concentrations) to protect human health
through water consumption and fish tissue consumption for non-carcinogens in Class
WS-IV waters:
(A) Barium: 1.0 mg/l;
(B) Chloride: 250 mg/l;
(C) Nickel: 25 ug/l;
(D) Nitrate nitrogen: 10.0 mg/l;
(E) 2,4-D: 70 ug/l;
(F) 2,4,5-TP (Silvex): 10 ug/l; and
(G) Sulfates: 250 mg/l;
(ii) Water quality standards (maximum permissible concentrations) to protect human health
through water consumption and fish tissue consumption for carcinogens in Class WS-IV
waters:
(A) Aldrin: 0.05 ng/l;
(B) Arsenic: 10 ug/l;
(C) Benzene: 1.19 ug/l;
(D) Carbon tetrachloride: 0.254 ug/l;
(E) Chlordane: 0.8 ng/l;
(F) Chlorinated benzenes: 488 ug/l;
(G) DDT: 0.2 ng/l;
(H) Dieldrin: 0.05 ng/l;
(I) Dioxin: 0.000005 ng/l;
(J) Heptachlor: 0.08 ng/l;
(K) Hexachlorobutadiene: 0.44 ug/l;
(L) Polynuclear aromatic hydrocarbons (total of all PAHs): 2.8 ng/l;
(M) Tetrachloroethane (1,1,2,2): 0.17 ug/l;
(N) Tetrachloroethylene: 0.7 ug/l;
(O) Trichloroethylene: 2.5 ug/l; and
(P) Vinyl Chloride: 0.025 ug/l.

History Note: Authority G.S. 143-214.1; 143-215.3(a)(1);
Eff. February 1, 1986;
Amended Eff. January 1, 2015; May 1, 2007; April 1, 2003; June 1, 1996; October 1, 1995; August 1,
1995; June 1, 1994.

15A NCAC 02B .0217 STORMWATER CONTROL CRITERIA TO PROTECT WATER QUALITY STDS

History Note: Authority G.S. 143-214.1; 143-215.3(a)(1);
Eff. November 1, 1986;
Repealed Eff. January 1, 1988.

15A NCAC 02B .0218 FRESH SURFACE WATER QUALITY STANDARDS FOR CLASS WS-V WATERS
The following water quality standards apply to surface waters within water supply watersheds classified as WS-V. Water
quality standards applicable to Class C waters as described in Rule .0211 of this Section shall also apply to Class WS-V
waters.
(1) The best usage of WS-V waters shall be as follows: waters that are protected as water supplies that are
upstream and draining to Class WS-IV waters; or waters previously used for drinking water supply
purposes; or waters used by industry to supply their employees, but not municipalities or counties, with a
raw drinking water supply source, although this type of use shall not be restricted to WS-V classification;
and all Class C uses. The Commission may consider a more protective classification for the water supply if
a resolution requesting a more protective classification is submitted from all local governments having land
use jurisdiction within the affected watershed;
(2) The conditions related to the best usage shall be as follows: waters of this class are protected water
supplies; the waters, following treatment required by the Division, shall meet the Maximum Contaminant
Level concentrations considered safe for drinking, culinary, or food-processing purposes that are specified
in the national drinking water regulations and in the North Carolina Rules Governing Public Water
Supplies, 15A NCAC 18C .1500; no categorical restrictions on watershed development or wastewater
discharges shall be required, however, the Commission or its designee may apply management
requirements for the protection of waters downstream of receiving waters (15A NCAC 02B .0203).
Sources of water pollution that preclude any of these uses on either a short-term or long-term basis shall be
considered to be violating a water quality standard;
(3) Quality standards applicable to Class WS-V Waters shall be as follows:
(a) Sewage, industrial wastes, non-process industrial wastes, or other wastes: none shall be allowed
that have an adverse effect on human health or that are not treated to the satisfaction of the
Commission and in accordance with the requirements of the Division. Any discharges or
industrial users subject to pretreatment standards shall be required by the Commission to disclose
all chemical constituents present or potentially present in their wastes and chemicals that could be
spilled or be present in runoff from their facility which may have an adverse impact on
downstream water supplies. These facilities may be required to have spill and treatment failure
control plans as well as perform special monitoring for toxic substances;
(b) MBAS (Methylene-Blue Active Substances): not greater than 0.5 mg/l to protect the aesthetic
qualities of water supplies and to prevent foaming;
(c) Nonpoint Source and Stormwater Pollution: none that would adversely impact the waters for use
as water supply or any other designated use;
(d) Odor producing substances contained in sewage, industrial wastes, or other wastes: only such
amounts, whether alone or in combination with other substances or waste, as will not cause taste
and odor difficulties in water supplies that cannot be corrected by treatment, impair the
palatability of fish, or have a deleterious effect upon any best usage established for waters of this
class;
(e) Chlorinated phenolic compounds: not greater than 1.0 ug/l to protect water supplies from taste
and odor problems due to chlorinated phenols; specific phenolic compounds may be given a
different limit if it is demonstrated not to cause taste and odor problems and not to be detrimental
to other best usage;
(f) Total hardness: not greater than 100 mg/l as calcium carbonate (CaCO3 or Ca + Mg);
(g) Total dissolved solids: not greater than 500 mg/l;
(h) Toxic and other deleterious substances:
(i) Water quality standards (maximum permissible concentrations) to protect human health
through water consumption and fish tissue consumption for non-carcinogens in Class
WS-V waters:
(A) Barium: 1.0 mg/l;
(B) Chloride: 250 mg/l;
(C) Nickel: 25 ug/l;
(D) Nitrate nitrogen: 10.0 mg/l;
(E) 2,4-D: 70 ug/l;
(F) 2,4,5-TP (Silvex): 10 ug/l; and
(G) Sulfates: 250 mg/l.
(ii) Water quality standards (maximum permissible concentrations) to protect human health
through water consumption and fish tissue consumption for carcinogens in Class WS-V
waters:
(A) Aldrin: 0.05 ng/l;
(B) Arsenic: 10 ug/l;
(C) Benzene: 1.19 ug/l;
(D) Carbon tetrachloride: 0.254 ug/l;
(E) Chlordane: 0.8 ng/l;
(F) Chlorinated benzenes: 488 ug/l;
(G) DDT: 0.2 ng/l;
(H) Dieldrin: 0.05 ng/l;
(I) Dioxin: 0.000005 ng/l;
(J) Heptachlor: 0.08 ng/l;
(K) Hexachlorobutadiene: 0.44 ug/l;
(L) Polynuclear aromatic hydrocarbons (total of all PAHs): 2.8 ng/l;
(M) Tetrachloroethane (1,1,2,2): 0.17 ug/l;
(N) Tetrachloroethylene: 0.7 ug/l;
(O) Trichloroethylene: 2.5 ug/l; and
(P) Vinyl Chloride: 0.025 ug/l.

History Note: Authority G.S. 143-214.1; 143-215.3(a)(1);
Eff. October 1, 1989;
Amended Eff. January 1, 2015; May 1, 2007; April 1, 2003; October 1, 1995.

15A NCAC 02B .0219 FRESH SURFACE WATER QUALITY STANDARDS FOR CLASS B WATERS
The following water quality standards apply to surface waters that are for primary recreation, including frequent or organized
swimming and are classified as Class B waters. Water quality standards applicable to Class C waters as described in Rule
.0211 of this Section also apply to Class B waters.
(1) Best Usage of Waters. Primary recreation and any other best usage specified by the "C" classification;
(2) Conditions Related to Best Usage. The waters shall meet accepted standards of water quality for outdoor
bathing places as specified in Item (3) of this Rule and shall be of sufficient size and depth for primary
recreation purposes. Sources of water pollution which preclude any of these uses on either a short-term or
long-term basis shall be considered to be violating a water quality standard;
(3) Quality standards applicable to Class B waters:
(a) Sewage, industrial wastes, or other wastes: none which are not effectively treated to the
satisfaction of the Commission; in determining the degree of treatment required for such waste
when discharged into waters to be used for bathing, the Commission shall consider the quality and
quantity of the sewage and wastes involved and the proximity of such discharges to waters in this
class; discharges in the immediate vicinity of bathing areas may not be allowed if the Director
determines that the waste can not be reliably treated to ensure the protection of primary
recreation;
(b) Organisms of coliform group: fecal coliforms not to exceed geometric mean of 200/100 ml (MF
count) based on at least five consecutive samples examined during any 30-day period and not to
exceed 400/100 ml in more than 20 percent of the samples examined during such period.

History Note: Authority G.S. 143-214.1; 143-215.3(a)(1);
Eff. January 1, 1990;
Amended Eff. October 1, 1995.

15A NCAC 02B .0220 TIDAL SALT WATER QUALITY STANDARDS FOR CLASS SC WATERS
General. The water quality standards for all tidal salt waters shall be the basic standards applicable to Class SC waters.
Additional and more stringent standards applicable to other specific tidal salt water classifications are specified in Rules .0221
and .0222 of this Section. Action Levels, for purposes of National Pollutant Discharge Elimination System (NPDES)
permitting, are specified in Item (20) of this Rule.
(1) Best Usage of Waters: any usage except primary recreation or shellfishing for market purposes; usages
include aquatic life propagation and maintenance of biological integrity (including fishing, fish and
functioning Primary Nursery Areas (PNAs)), wildlife, and secondary recreation;
(2) Conditions Related to Best Usage: the waters shall be suitable for aquatic life propagation and
maintenance of biological integrity, wildlife, and secondary recreation. Any source of water pollution that
precludes any of these uses, including their functioning as PNAs, on either a short-term or a long-term basis
shall be considered to be violating a water quality standard;
(3) Chlorophyll a (corrected): not greater than 40 ug/l in sounds, estuaries, and other waters subject to growths
of macroscopic or microscopic vegetation. The Commission or its designee may prohibit or limit any
discharge of waste into surface waters if, in the opinion of the Director, the surface waters experience or the
discharge would result in growths of microscopic or macroscopic vegetation such that the standards
established pursuant to this Rule would be violated or the intended best usage of the waters would be
impaired;
(4) Cyanide: 1 ug/l;
(5) Dissolved oxygen: not less than 5.0 mg/l, except that swamp waters, poorly flushed tidally influenced
streams or embayments, or estuarine bottom waters may have lower values if caused by natural conditions;
(6) Enterococcus, including Enterococcus faecalis, Enterococcus faecium, Enterococcus avium and
Enterococcus gallinarium: not to exceed a geometric mean of 35 enterococci per 100 ml based upon a
minimum of five samples within any consecutive 30 days. For purposes of beach monitoring and
notification, "Coastal Recreational Waters Monitoring, Evaluation and Notification" regulations (15A
NCAC 18A .3400), available free of charge at: http://www.ncoah.com/, are hereby incorporated by
reference including any subsequent amendments;
(7) Floating solids, settleable solids, or sludge deposits: only such amounts attributable to sewage, industrial
wastes, or other wastes, as shall not make the waters unsafe or unsuitable for aquatic life and wildlife, or
impair the waters for any designated uses;
(8) Gases, total dissolved: not greater than 110 percent of saturation;
(9) Metals:
(a) With the exception of mercury and selenium, tidal salt water quality standards for metals shall be
based upon measurement of the dissolved fraction of the metals. Mercury and selenium shall be
based upon measurement of the total recoverable metal;
(b) Compliance with acute instream metals standards shall only be evaluated using an average of two
or more samples collected within one hour. Compliance with chronic instream metals standards
shall only be evaluated using averages of a minimum of four samples taken on consecutive days,
or as a 96-hour average;
(c) Metals criteria shall be used for proactive environmental management. An instream exceedence of
the numeric criterion for metals shall not be considered to have caused an adverse impact to the
aquatic community without biological confirmation and a comparison of all available monitoring
data and applicable water quality standards. This weight of evidence evaluation shall take into
account data quality and the overall confidence in how representative the sampling is of
conditions in the waterbody segment before an assessment of aquatic life use attainment, or non-
attainment, is made by the Division. Recognizing the synergistic and antagonistic complexities of
other water quality variables on the actual toxicity of metals, with the exception of mercury and
selenium, biological monitoring shall be used to validate, by direct measurement, whether or not
the aquatic life use is supported.
(d) Acute and chronic tidal salt water quality metals standards are as follows:
(i) Arsenic, acute: WER∙ 69 ug/l;
(ii) Arsenic, chronic: WER∙ 36 ug/l;
(iii) Cadmium, acute: WER∙ 40 ug/l;
(iv) Cadmium, chronic: WER∙ 8.8 ug/l;
(v) Chromium VI, acute: WER∙ 1100 ug/l;
(vi) Chromium VI, chronic: WER∙ 50 ug/l;
(vii) Copper, acute: WER∙ 4.8 ug/l;
(viii) Copper, chronic: WER∙ 3.1 ug/l;
(ix) Lead, acute: WER∙ 210 ug/l;
(x) Lead, chronic: WER∙ 8.1 ug/l;
(xi) Mercury, total recoverable, chronic: 0.025 ug/l;
(xii) Nickel, acute: WER∙ 74 ug/l;
(xiii) Nickel, chronic: WER∙ 8.2 ug/l;
(xiv) Selenium, total recoverable, chronic: 71 ug/l;
(xv) Silver, acute: WER∙ 1.9 ug/l;
(xvi) Silver, chronic: WER∙ 0.1 ug/l;
(xvii) Zinc, acute: WER∙ 90 ug/l; and
(xviii) Zinc, chronic: WER∙ 81 ug/l;
With the exception of mercury and selenium, acute and chronic tidal saltwater quality aquatic life
standards for metals listed above apply to the dissolved form of the metal and apply as a function
of the pollutant's water effect ratio (WER). A WER expresses the difference between the measures
of the toxicity of a substance in laboratory waters and the toxicity in site water. The WER shall be
assigned a value equal to one unless any person demonstrates to the Division's satisfaction in a
permit proceeding that another value is developed in accordance with the "Water Quality
Standards Handbook: Second Edition" published by the US Environmental Protection Agency
(EPA-823-B-12-002), free of charge, at
http://water.epa.gov/scitech/swguidance/standards/handbook/, hereby incorporated by reference
including any subsequent amendments. Alternative site-specific standards may also be developed
when any person submits values that demonstrate to the Commissions’ satisfaction that they were
derived in accordance with the "Water Quality Standards Handbook: Second Edition,
Recalculation Procedure or the Resident Species Procedure", hereby incorporated by reference
including subsequent amendments at
http://water.epa.gov/scitech/swguidance/standards/handbook/.
This material is available free of charge;
(10) Oils, deleterious substances, colored, or other wastes: only such amounts as shall not render the waters
injurious to public health, secondary recreation, aquatic life, and wildlife or adversely affect the palatability
of fish, aesthetic quality, or impair the waters for any designated uses. For the purpose of implementing
this Rule, oils, deleterious substances, colored, or other wastes shall include substances that cause a film or
sheen upon or discoloration of the surface of the water or adjoining shorelines pursuant to 40 CFR 110.3;
(11) Pesticides:
(a) Aldrin: 0.003 ug/l;
(b) Chlordane: 0.004 ug/l;
(c) DDT: 0.001 ug/l;
(d) Demeton: 0.1 ug/l;
(e) Dieldrin: 0.002 ug/l;
(f) Endosulfan: 0.009 ug/l;
(g) Endrin: 0.002 ug/l;
(h) Guthion: 0.01 ug/l;
(i) Heptachlor: 0.004 ug/l;
(j) Lindane: 0.004 ug/l;
(k) Methoxychlor: 0.03 ug/l;
(l) Mirex: 0.001 ug/l;
(m) Parathion: 0.178 ug/l; and
(n) Toxaphene: 0.0002 ug/l;
(12) pH: shall be normal for the waters in the area, which range between 6.8 and 8.5, except that swamp waters
may have a pH as low as 4.3 if it is the result of natural conditions;
(13) Phenolic compounds: only such levels as shall not result in fish-flesh tainting or impairment of other best
usage;
(14) Polychlorinated biphenyls: (total of all PCBs and congeners identified) 0.001 ug/l;
(15) Radioactive substances:
(a) Combined radium-226 and radium-228: The average annual activity level (based on at least one
sample collected per quarter) for combined radium-226, and radium-228 shall not exceed five
picoCuries per liter;
(b) Alpha Emitters. The average annual gross alpha particle activity (including radium-226, but
excluding radon and uranium) shall not exceed 15 picoCuries per liter;
(c) Beta Emitters. The average annual activity level (based on at least one sample collected per
quarter) for strontium-90 shall not exceed eight picoCuries per liter; nor shall the average annual
gross beta particle activity (excluding potassium-40 and other naturally occurring radionuclides
exceed 50 picoCuries per liter; nor shall the average annual activity level for tritium exceed
20,000 picoCuries per liter;
(16) Salinity: changes in salinity due to hydrological modifications shall not result in removal of the functions
of a PNA. Projects that are determined by the Director to result in modifications of salinity such that
functions of a PNA are impaired shall be required to employ water management practices to mitigate
salinity impacts;
(17) Temperature: shall not be increased above the natural water temperature by more than 0.8 degrees C (1.44
degrees F) during the months of June, July, and August nor more than 2.2 degrees C (3.96 degrees F)
during other months and in no cases to exceed 32 degrees C (89.6 degrees F) due to the discharge of heated
liquids;
(18) Trialkyltin compounds: 0.007 ug/l expressed as tributyltin;
(19) Turbidity: the turbidity in the receiving water shall not exceed 25 Nephelometric Turbidity Units (NTU); if
turbidity exceeds this level due to natural background conditions, the existing turbidity level shall not be
increased. Compliance with this turbidity standard can be met when land management activities employ
Best Management Practices (BMPs) [as defined by Rule .0202 of this Section] recommended by the
Designated Nonpoint Source Agency (as defined by Rule .0202 of this Section). BMPs shall be in full
compliance with all specifications governing the proper design, installation, operation, and maintenance of
such BMPs;
(20) Action Levels for Toxic Substances Applicable to NPDES Permits:
(a) Copper, dissolved, chronic: 3.1 ug/l;
(b) Silver, dissolved, chronic: 0.1 ug/l;
(c) Zinc, dissolved, chronic: 81 ug/l
If the action levels for any of the substances listed in this Item (which are generally not bioaccumulative
and have variable toxicity to aquatic life because of chemical form, solubility, stream characteristics, or
associated waste characteristics) shall be determined by the waste load allocation to be exceeded in a
receiving water by a discharge under the 7Q10 flow criterion for toxic substances, the discharger shall
monitor the chemical or biological effects of the discharge; efforts shall be made by all dischargers to
reduce or eliminate these substances from their effluents. Those substances for which action levels are
listed in this Item shall be limited as appropriate in the NPDES permit if sufficient information (to be
determined for metals by measurements of that portion of the dissolved instream concentration of the action
level parameter attributable to a specific NPDES permitted discharge) exists to indicate that any of those
substances may be a causative factor resulting in toxicity of the effluent.

History Note: Authority G.S. 143-214.1; 143-215.3(a)(1);
Eff. October 1, 1995;
Amended Eff. January 1, 2015; May 1, 2007; August 1, 2000.

15A NCAC 02B .0221 TIDAL SALT WATER QUALITY STANDARDS FOR CLASS SA WATERS
The following water quality standards apply to surface waters that are used for shellfishing for market purposes and are
classified SA. Water quality standards applicable to Class SC and SB waters as described in Rule .0220 and Rule .0222 of
this Section also apply to Class SA waters.
(1) Best Usage of Waters: shellfishing for market purposes and any other usage specified by the "SB" or "SC"
classification;
(2) Conditions Related to Best Usage: waters shall meet the current sanitary and bacteriological standards as
adopted by the Commission for Public Health and shall be suitable for shellfish culture. Any source of
water pollution which precludes any of these uses, including their functioning as PNAs, on either a
short-term or a long-term basis shall be considered to be violating a water quality standard;
(3) Quality Standards applicable to Class SA Waters:
(a) Floating solids, settleable solids, or sludge deposits: none attributable to sewage, industrial
wastes or other wastes;
(b) Sewage: none;
(c) Industrial wastes, or other wastes: none shall be allowed that are not effectively treated to the
satisfaction of the Commission in accordance with the requirements of the Division of
Environmental Health;
(d) Organisms of coliform group: fecal coliform group not to exceed a median MF of 14/100 ml and
not more than 10 percent of the samples shall exceed an MF count of 43/100 ml in those areas
most probably exposed to fecal contamination during the most unfavorable hydrographic and
pollution conditions.

History Note: Authority G.S. 143-214.1; 143-215.3(a)(1);
Eff. October 1, 1995;
Amended Eff. May 1, 2007.

15A NCAC 02B .0222 TIDAL SALT WATER QUALITY STANDARDS FOR CLASS SB WATERS
The following water quality standards apply to surface waters that are used for primary recreation, including frequent or
organized swimming, and are classified SB. Water quality standards applicable to Class SC waters are described in Rule
.0220 of this Section also apply to SB waters.
(1) Best Usage of waters: primary recreation and any other usage specified by the "SC" classification;
(2) Conditions Related to Best Usage: the waters shall meet accepted sanitary standards of water quality for
outdoor bathing places as specified in Item (3) of this Rule and will be of sufficient size and depth for
primary recreation purposes. Any source of water pollution which precludes any of these uses, including
their functioning as PNAs, on either a short-term or a long-term basis shall be considered to be violating a
water quality standard;
(3) Quality Standards applicable to Class SB waters:
(a) Floating solids, settleable solids, or sludge deposits: none attributable to sewage, industrial
wastes or other wastes;
(b) Sewage, industrial wastes, or other wastes: none shall be allowed that are not effectively treated
to the satisfaction of the Commission; in determining the degree of treatment required for such
waters discharged into waters which are to be used for bathing, the Commission shall take into
consideration quantity and quality of the sewage and other wastes involved and the proximity of
such discharges to the waters in this class; discharges in the immediate vicinity of bathing areas
may not be allowed if the Director determines that the waste can not be treated to ensure the
protection of primary recreation;
(c) Enterococcus, including Enterococcus faecalis, Enterococcus faecium, Enterococcus avium and
Enterococcus gallinarium: not to exceed a geometric mean of 35 enterococci per 100 ml based
upon a minimum of five samples within any consecutive 30 days. In accordance with 33 U.S.C.
1313 (Federal Water Pollution Control Act) for purposes of beach monitoring and notification,
"Coastal Recreation Waters Monitoring, Evaluation and Notification" regulations (15A NCAC
18A .3400) are hereby incorporated by reference including any subsequent amendments.

History Note: Authority G.S. 143-214.1; 143-215.3(a)(1);
Eff. October 1, 1995;
Amended Eff. May 1, 2007.

15A NCAC 02B .0223 NUTRIENT SENSITIVE WATERS
(a) In addition to existing classifications, the Commission may classify any surface waters of the state as nutrient sensitive
waters (NSW) upon a finding that such waters are experiencing or are subject to excessive growths of microscopic or
macroscopic vegetation. Excessive growths are growths which the Commission determines impair the use of the water for its
best usage as determined by the classification applied to such waters.
(b) NSW may include any or all waters within a particular river basin as the Commission deems necessary to effectively
control excessive growths of microscopic or macroscopic vegetation.
(c) For the purpose of this Rule, the term "nutrients" shall mean phosphorous or nitrogen or any other chemical parameter or
combination of parameters which the commission determines to be contributing to excessive growths of microscopic or
macroscopic vegetation.
(d) Those waters additionally classified as nutrient sensitive shall be identified in the appropriate schedule of classifications
as referenced in Section .0300 of this Subchapter.
(e) Nutrient strategies applicable to NSW shall be developed by the Commission to control the magnitude, duration, or
frequencies of excessive growths of microscopic or macroscopic vegetation so that the existing and designated uses of the
waterbody are protected or restored.

History Note: Authority G.S. 143-214.1; 143-215.8B;
Eff. October 1, 1995;
Amended Eff. August 1, 2000.

15A NCAC 02B .0224 HIGH QUALITY WATERS
High Quality Waters (HQW) are a subset of waters with quality higher than the standards and are as described by 15A NCAC
2B .0101(e)(5). The following procedures shall be implemented in order to implement the requirements of Rule .0201(d) of
this Section.
(1) New or expanded wastewater discharges in High Quality Waters shall comply with the following:
(a) Discharges from new single family residences shall be prohibited. Those existing subsurface
systems for single family residences which fail and must discharge shall install a septic tank, dual
or recirculating sand filters, disinfection and step aeration.
(b) All new NPDES wastewater discharges (except single family residences) shall be required to
provide the treatment described below:
(i) Oxygen Consuming Wastes: Effluent limitations shall be as follows: BOD5= 5 mg/l,
NH3-N = 2 mg/l and DO = 6 mg/l. More stringent limitations shall be set, if necessary,
to ensure that the cumulative pollutant discharge of oxygen-consuming wastes shall not
cause the DO of the receiving water to drop more than 0.5 mg/l below background
levels, and in no case below the standard. Where background information is not readily
available, evaluations shall assume a percent saturation determined by staff to be
generally applicable to that hydroenvironment.
(ii) Total Suspended Solids: Discharges of total suspended solids (TSS) shall be limited to
effluent concentrations of 10 mg/l for trout waters and PNA's, and to 20 mg/l for all
other High Quality Waters.
(iii) Disinfection: Alternative methods to chlorination shall be required for discharges to
trout streams, except that single family residences may use chlorination if other options
are not economically feasible. Domestic discharges are prohibited to SA waters.
(iv) Emergency Requirements: Failsafe treatment designs shall be employed, including
stand-by power capability for entire treatment works, dual train design for all treatment
components, or equivalent failsafe treatment designs.
(v) Volume: The total volume of treated wastewater for all discharges combined shall not
exceed 50 percent of the total instream flow under 7Q10 conditions.
(vi) Nutrients: Where nutrient overenrichment is projected to be a concern, appropriate
effluent limitations shall be set for phosphorus or nitrogen, or both.
(vii) Toxic substances: In cases where complex wastes (those containing or potentially
containing toxicants) may be present in a discharge, a safety factor shall be applied to
any chemical or whole effluent toxicity allocation. The limit for a specific chemical
constituent shall be allocated at one-half of the normal standard at design conditions.
Whole effluent toxicity shall be allocated to protect for chronic toxicity at an effluent
concentration equal to twice that which is acceptable under design conditions. In all
instances there may be no acute toxicity in an effluent concentration of 90 percent.
Ammonia toxicity shall be evaluated according to EPA guidelines promulgated in
"Ambient Water Quality Criteria for Ammonia - 1984"; EPA document number
440/5-85-001; NITS number PB85-227114; July 29, 1985 (50 FR 30784) or "Ambient
Water Quality Criteria for Ammonia (Saltwater) - 1989"; EPA document number
440/5-88-004; NTIS number PB89-169825. This material related to ammonia toxicity is
hereby incorporated by reference including any subsequent amendments and editions
and is available for inspection at the Department of Environment and Natural Resources
Library, 512 North Salisbury Street, Raleigh, North Carolina. Copies may be obtained
from the National Technical Information Service, 5285 Port Royal Road, Springfield,
Virginia 22161 at a cost of forty-seven dollars ($47.00).
(c) All expanded NPDES wastewater discharges in High Quality Waters shall be required to provide
the treatment described in Sub-Item (1)(b) of this Rule, except for those existing discharges which
expand with no increase in permitted pollutant loading.
(2) Development activities which require an Erosion and Sedimentation Control Plan in accordance with rules
established by the NC Sedimentation Control Commission or local erosion and sedimentation control
program approved in accordance with 15A NCAC 4B .0218, and which drain to and are within one mile of
High Quality Waters (HQW) shall be required to follow the stormwater management rules as specified in
15A NCAC 2H .1000. Stormwater management requirements specific to HQW are described in 15A
NCAC 2H .1006.
(3) Listing of Waters Classified HQW with Specific Actions. Waters classified as HQW with specific actions
to protect exceptional water quality are listed as follows: Thorpe Reservoir [Little Tennessee River Basin,
Index No. 2-79-23-(1)] including all of its tributaries shall be managed with respect to wastewater
discharges through Item (1) of this Rule. Item (2) of this Rule shall not be applied in association with this
HQW because of the local government implementation of WS-III stormwater management requirements.
If an applicant objects to the requirements to protect high quality waters and believes degradation is necessary to
accommodate important social and economic development, the applicant may contest these requirements according to the
provisions of G.S. 143-215.1(e) and 150B-23.

History Note: Authority G.S. 143-214.1; 143-215.1; 143-215.3(a)(1);
Eff. October 1, 1995;
Amended Eff. August 1, 1998; April 1, 1996.

15A NCAC 02B .0225 OUTSTANDING RESOURCE WATERS
(a) General. In addition to the existing classifications, the Commission may classify unique and special surface waters of the
state as outstanding resource waters (ORW) upon finding that such waters are of exceptional state or national recreational or
ecological significance and that the waters have exceptional water quality while meeting the following conditions:
(1) that the water quality is rated as excellent based on physical, chemical or biological information;
(2) the characteristics which make these waters unique and special may not be protected by the assigned
narrative and numerical water quality standards.
(b) Outstanding Resource Values. In order to be classified as ORW, a water body must exhibit one or more of the following
values or uses to demonstrate it is of exceptional state or national recreational or ecological significance:
(1) there are outstanding fish (or commercially important aquatic species) habitat and fisheries;
(2) there is an unusually high level of water-based recreation or the potential for such recreation;
(3) the waters have already received some special designation such as a North Carolina or National Wild and
Scenic River, Native or Special Native Trout Waters or National Wildlife Refuge, which do not provide
any water quality protection;
(4) the waters represent an important component of a state or national park or forest; or
(5) the waters are of special ecological or scientific significance such as habitat for rare or endangered species
or as areas for research and education.
(c) Quality Standards for ORW.
(1) Freshwater: Water quality conditions shall be maintained to protect the outstanding resource values of
waters classified ORW. Management strategies to protect resource values shall be developed on a site
specific basis during the proceedings to classify waters as ORW. No new discharges or expansions of
existing discharges shall be permitted, and stormwater controls for all new development activities requiring
an Erosion and Sedimentation Control Plan in accordance with rules established by the NC Sedimentation
Control Commission or an appropriate local erosion and sedimentation control program shall be required to
follow the stormwater provisions as specified in 15A NCAC 02H .1000. Specific stormwater requirements
for ORW areas are described in 15A NCAC 02H .1007.
(2) Saltwater: Water quality conditions shall be maintained to protect the outstanding resource values of
waters classified ORW. Management strategies to protect resource values shall be developed on a
site-specific basis during the proceedings to classify waters as ORW. New development shall comply with
the stormwater provisions as specified in 15A NCAC 02H .1000. Specific stormwater management
requirements for saltwater ORWs are described in 15A NCAC 02H .1007. New non-discharge permits
shall meet reduced loading rates and increased buffer zones, to be determined on a case-by-case basis. No
dredge or fill activities shall be allowed if those activities would result in a reduction of the beds of
submerged aquatic vegetation or a reduction of shellfish producing habitat as defined in 15A NCAC 03I
.0101(b)(20)(A) and (B), except for maintenance dredging, such as that required to maintain access to
existing channels and facilities located within the designated areas or maintenance dredging for activities
such as agriculture. A public hearing is mandatory for any proposed permits to discharge to waters
classified as ORW.
Additional actions to protect resource values shall be considered on a site specific basis during the proceedings to classify
waters as ORW and shall be specified in Paragraph (e) of this Rule. These actions may include anything within the powers of
the Commission. The Commission shall also consider local actions which have been taken to protect a water body in
determining the appropriate state protection options. Descriptions of boundaries of waters classified as ORW are included in
Paragraph (e) of this Rule and in the Schedule of Classifications (15A NCAC 02B .0302 through 02B .0317) as specified for
the appropriate river basin and shall also be described on maps maintained by the Division of Water Quality.
(d) Petition Process. Any person may petition the Commission to classify a surface water of the state as an ORW. The
petition shall identify the exceptional resource value to be protected, address how the water body meets the general criteria in
Paragraph (a) of this Rule, and the suggested actions to protect the resource values. The Commission may request additional
supporting information from the petitioner. The Commission or its designee shall initiate public proceedings to classify
waters as ORW or shall inform the petitioner that the waters do not meet the criteria for ORW with an explanation of the basis
for this decision. The petition shall be sent to:

Director
DENR/Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
The envelope containing the petition shall clearly bear the notation: RULE-MAKING PETITION FOR ORW
CLASSIFICATION.
(e) Listing of Waters Classified ORW with Specific Actions. Waters classified as ORW with specific actions to protect
exceptional resource values are listed as follows:
(1) Roosevelt Natural Area [White Oak River Basin, Index Nos. 20-36-9.5-(1) and 20-36-9.5-(2)] including all
fresh and saline waters within the property boundaries of the natural area shall have only new development
which complies with the low density option in the stormwater rules as specified in 15A NCAC 2H
.1005(2)(a) within 575 feet of the Roosevelt Natural Area (if the development site naturally drains to the
Roosevelt Natural Area);
(2) Chattooga River ORW Area (Little Tennessee River Basin and Savannah River Drainage Area): the
following undesignated waterbodies that are tributary to ORW designated segments shall comply with
Paragraph (c) of this Rule in order to protect the designated waters as per Rule .0203 of this Section.
However, expansions of existing discharges to these segments shall be allowed if there is no increase in
pollutant loading:
(A) North and South Fowler Creeks;
(B) Green and Norton Mill Creeks;
(C) Cane Creek;
(D) Ammons Branch;
(E) Glade Creek; and
(F) Associated tributaries;
(3) Henry Fork ORW Area (Catawba River Basin): the following undesignated waterbodies that are tributary
to ORW designated segments shall comply with Paragraph (c) of this Rule in order to protect the
designated waters as per Rule .0203 of this Section:
(A) Ivy Creek;
(B) Rock Creek; and
(C) Associated tributaries;
(4) South Fork New and New Rivers ORW Area [New River Basin (Index Nos. 10-1-33.5 and 10)]: the
following management strategies, in addition to the discharge requirements specified in Subparagraph
(c)(1) of this Rule, shall be applied to protect the designated ORW areas:
(A) Stormwater controls described in Subparagraph (c)(1) of this Rule shall apply to land within one
mile of and that drains to the designated ORW areas;
(B) New or expanded NPDES permitted wastewater discharges located upstream of the designated
ORW (for the North Fork New River ORW are see Subparagraph (14) of this Paragraph) shall be
permitted such that the following water quality standards are maintained in the ORW segment:
(i) the total volume of treated wastewater for all upstream discharges combined shall not
exceed 50 percent of the total instream flow in the designated ORW under 7Q10
conditions, which are defined in Rule .0206(a)(1) of this Section;
(ii) a safety factor shall be applied to any chemical allocation such that the effluent
limitation for a specific chemical constituent shall be the more stringent of either the
limitation allocated under design conditions (pursuant to 15A NCAC 02B .0206) for the
normal standard at the point of discharge, or the limitation allocated under design
conditions for one-half the normal standard at the upstream border of the ORW segment;
(iii) a safety factor shall be applied to any discharge of complex wastewater (those containing
or potentially containing toxicants) to protect for chronic toxicity in the ORW segment
by setting the whole effluent toxicity limitation at the higher (more stringent) percentage
effluent determined under design conditions (pursuant to 15A NCAC 02B .0206) for
either the instream effluent concentration at the point of discharge or twice the effluent
concentration calculated as if the discharge were at the upstream border of the ORW
segment;
(C) New or expanded NPDES permitted wastewater discharges located upstream of the designated
ORW (for the North Fork New River ORW area; see Subparagraph (14) of this Paragraph) shall
comply with the following:
(i) Oxygen Consuming Wastes: Effluent limitations shall be as follows: BOD = 5 mg/1,
and NH3-N = 2 mg/1;
(ii) Total Suspended Solids: Discharges of total suspended solids (TSS) shall be limited to
effluent concentrations of 10 mg/1 for trout waters and to 20 mg/1 for all other waters;
(iii) Emergency Requirements: Failsafe treatment designs shall be employed, including
stand-by power capability for entire treatment works, dual train design for all treatment
components, or equivalent failsafe treatment designs;
(iv) Nutrients: Where nutrient overenrichment is projected to be a concern, effluent
limitations shall be set for phosphorus or nitrogen, or both;
(5) Old Field Creek (New River Basin): the undesignated portion of Old Field Creek (from its source to Call
Creek) shall comply with Paragraph (c) of this Rule in order to protect the designated waters as per Rule
.0203 of this Section;
(6) In the following designated waterbodies, no additional restrictions shall be placed on new or expanded
marinas. The only new or expanded NPDES permitted discharges that shall be allowed shall be
non-domestic, non-process industrial discharges. The Alligator River Area (Pasquotank River Basin)
extending from the source of the Alligator River to the U.S. Highway 64 bridge including New Lake Fork,
North West Fork Alligator River, Juniper Creek, Southwest Fork Alligator River, Scouts Bay, Gum Neck
Creek, Georgia Bay, Winn Bay, Stumpy Creek Bay, Stumpy Creek, Swann Creek (Swann Creek Lake),
Whipping Creek (Whipping Creek Lake), Grapevine Bay, Rattlesnake Bay, The Straits, The Frying Pan,
Coopers Creek, Babbitt Bay, Goose Creek, Milltail Creek, Boat Bay, Sandy Ridge Gut (Sawyer Lake) and
Second Creek, but excluding the Intracoastal Waterway (Pungo River-Alligator River Canal) and all other
tributary streams and canals;
(7) In the following designated waterbodies, the only type of new or expanded marina that shall be allowed
shall be those marinas located in upland basin areas, or those with less than 10 slips, having no boats over
21 feet in length and no boats with heads. The only new or expanded NPDES permitted discharges that
shall be allowed shall be non-domestic, non-process industrial discharges:
(A) The Northeast Swanquarter Bay Area including all waters northeast of a line from a point at Lat.
35E 23N 51O and Long. 76E 21N 02O thence southeast along the Swanquarter National Wildlife
Refuge hunting closure boundary (as defined by the 1935 Presidential Proclamation) to Drum
Point.
(B) The Neuse-Southeast Pamlico Sound Area (Southeast Pamlico Sound Section of the Southeast
Pamlico, Core and Back Sound Area); (Neuse River Basin) including all waters within an area
defined by a line extending from the southern shore of Ocracoke Inlet northwest to the
Tar-Pamlico River and Neuse River basin boundary, then southwest to Ship Point.
(C) The Core Sound Section of the Southeast Pamlico, Core and Back Sound Area (White Oak River
Basin), including all waters of Core Sound and its tributaries, but excluding Nelson Bay, Little
Port Branch and Atlantic Harbor at its mouth, and those tributaries of Jarrett Bay that are closed
to shellfishing.
(D) The Western Bogue Sound Section of the Western Bogue Sound and Bear Island Area (White
Oak River Basin) including all waters within an area defined by a line from Bogue Inlet to the
mainland at SR 1117 to a line across Bogue Sound from the southwest side of Gales Creek to
Rock Point, including Taylor Bay and the Intracoastal Waterway.
(E) The Stump Sound Area (Cape Fear River Basin) including all waters of Stump Sound and
Alligator Bay from marker Number 17 to the western end of Permuda Island, but excluding
Rogers Bay, the Kings Creek Restricted Area and Mill Creek.
(F) The Topsail Sound and Middle Sound Area (Cape Fear River Basin) including all estuarine
waters from New Topsail Inlet to Mason Inlet, including the Intracoastal Waterway and Howe
Creek, but excluding Pages Creek and Futch Creek;
(8) In the following designated waterbodies, no new or expanded NPDES permitted discharges and only new
or expanded marinas with less than 10 slips, having no boats over 21 feet in length and no boats with heads
shall be allowed:
(A) The Swanquarter Bay and Juniper Bay Area (Tar-Pamlico River Basin) including all waters
within a line beginning at Juniper Bay Point and running south and then west below Great Island,
then northwest to Shell Point and including Shell Bay, Swanquarter and Juniper Bays and their
tributaries, but excluding all waters northeast of a line from a point at Lat. 35E 23N 51O and
Long. 76E 21N 02O thence southeast along the Swanquarter National Wildlife Refuge hunting
closure boundary (as defined by the 1935 Presidential Proclamation) to Drum Point and also
excluding the Blowout Canal, Hydeland Canal, Juniper Canal and Quarter Canal.
(B) The Back Sound Section of the Southeast Pamlico, Core and Back Sound Area (White Oak River
Basin) including that area of Back Sound extending from Core Sound west along Shackleford
Banks, then north to the western most point of Middle Marshes and along the northwest shore of
Middle Marshes (to include all of Middle Marshes), then west to Rush Point on Harker's Island,
and along the southern shore of Harker's Island back to Core Sound.
(C) The Bear Island Section of the Western Bogue Sound and Bear Island Area (White Oak River
Basin) including all waters within an area defined by a line from the western most point on Bear
Island to the northeast mouth of Goose Creek on the mainland, east to the southwest mouth of
Queen Creek, then south to green marker No. 49, then northeast to the northern most point on
Huggins Island, then southeast along the shoreline of Huggins Island to the southeastern most
point of Huggins Island, then south to the northeastern most point on Dudley Island, then
southwest along the shoreline of Dudley Island to the eastern tip of Bear Island.
(D) The Masonboro Sound Area (Cape Fear River Basin) including all waters between the Barrier
Islands and the mainland from Carolina Beach Inlet to Masonboro Inlet;
(9) Black and South Rivers ORW Area (Cape Fear River Basin) [Index Nos. 18-68-(0.5), 18-68-(3.5),
18-68-(11.5), 18-68-12-(0.5), 18-68-12-(11.5), and 18-68-2]: the following management strategies, in
addition to the discharge requirements specified in Subparagraph (c)(1) of this Rule, shall be applied to
protect the designated ORW areas:
(A) Stormwater controls described in Subparagraph (c)(1) of this Rule shall apply to land within one
mile of and that drains to the designated ORW areas;
(B) New or expanded NPDES permitted wastewater discharges located one mile upstream of the
stream segments designated ORW (upstream on the designated mainstem and upstream into direct
tributaries to the designated mainstem) shall comply with the following discharge restrictions:
(i) Oxygen Consuming Wastes: Effluent limitations shall be as follows: BOD = 5 mg/l and
NH3-N = 2 mg/l;
(ii) Total Suspended Solids: Discharges of total suspended solids (TSS) shall be limited to
effluent concentrations of 20 mg/l;
(iii) Emergency Requirements: Failsafe treatment designs shall be employed, including
stand-by power capability for entire treatment works, dual train design for all treatment
components, or equivalent failsafe treatment designs;
(iv) Nutrients: Where nutrient overenrichment is projected to be a concern, effluent
limitations shall be set for phosphorus or nitrogen, or both.
(v) Toxic substances: In cases where complex discharges (those containing or potentially
containing toxicants) may be currently present in the discharge, a safety factor shall be
applied to any chemical or whole effluent toxicity allocation. The limit for a specific
chemical constituent shall be allocated at one-half of the normal standard at design
conditions. Whole effluent toxicity shall be allocated to protect for chronic toxicity at an
effluent concentration equal to twice that which is acceptable under flow design criteria
(pursuant to 15A NCAC 02B .0206);
(10) Lake Waccamaw ORW Area (Lumber River Basin) [Index No. 15-2]: all undesignated waterbodies that are
tributary to Lake Waccamaw shall comply with Paragraph (c) of this Rule in order to protect the designated
waters as per Rule .0203 of this Section;
(11) Swift Creek and Sandy Creek ORW Area (Tar-Pamlico River Basin) [portion of Index No. 28-78-(0.5) and
Index No. 28-78-1-(19)]: all undesignated waterbodies that drain to the designated waters shall comply
with Paragraph (c) of this Rule in order to protect the designated waters as per Rule .0203 of this Section
and to protect outstanding resource values found in the designated waters as well as in the undesignated
waters that drain to the designated waters;
(12) Fontana Lake North Shore ORW Area (Little Tennessee River Basin and Savannah River Drainage Area)
[Index Nos. 2-96 through 2-164 (excluding all waterbodies that drain to the south shore of Fontana Lake)
consists of the entire watersheds of all creeks that drain to the north shore of Fontana Lake between Eagle
and Forney Creeks, including Eagle and Forney Creeks. In addition to the requirements specified in
Subparagraph (c)(1) of this Rule, any person conducting development activity disturbing greater than or
equal to 5,000 square feet of land area in the designated ORW area shall undertake the following actions to
protect the outstanding resource values of the designated ORW and downstream waters:
(A) investigate for the presence of and identify the composition of acid-producing rocks by
exploratory drilling or other means and characterize the net neutralization potential of the acid-
producing rocks prior to commencing the land-disturbing activity;
(B) avoid areas to the maximum extent practical where acid-producing rocks are found with net
neutralization potential of –5 or less;
(C) establish background levels of acidity and mineralization prior to commencing land-disturbing
activity, and monitor and maintain baseline water quality conditions for the duration of the land-
disturbing activity and for any period thereafter not less than two years as determined by the
Division as part of a certification issued in accordance with 15A NCAC 02H .0500 or stormwater
permit issued pursuant to this Rule;
(D) obtain a National Pollutant Discharge Elimination System permit for construction pursuant to
Rule 15A NCAC 02H .0126 prior to initiating land-disturbing activity;
(E) design stormwater control systems to control and treat stormwater runoff generated from all
surfaces generated by one inch of rainfall in accordance with 15A NCAC 02H. 1008; and
(F) replicate pre-development runoff characteristics and mimic the natural and unique hydrology of
the site, post development;
(13) Horsepasture River ORW Area (Savannah Drainage Area) [Index No. 4-13-(0.5) and Index No. 4-13-
(12.5)]: all undesignated waterbodies that are located within the Horsepasture River watershed shall
comply with Paragraph (c) of this Rule in order to protect the designated waters as per Rule .0203 of this
Section and to protect outstanding resource values found throughout the watershed. However, new
domestic wastewater discharges and expansions of existing wastewater discharges may be allowed
provided that:
(A) Oxygen Consuming Wastes: Effluent limitations shall be as follows: BOD = 5 mg/l, and NH3-N
= 2 mg/l;
(B) Total Suspended Solids: Discharges of total suspended solids (TSS) shall be limited to effluent
concentrations of 10 mg/1 for trout waters and to 20 mg/l for all other waters except for mining
operations, which will be held to their respective NPDES TSS permit limits;
(C) Nutrients: Where nutrient overenrichment is projected to be a concern, effluent limitations shall
be set for phosphorus or nitrogen, or both; and
(D) Volume: The total volume of treated wastewater for all discharges combined shall not exceed 25
percent of the total instream flow in the designated ORW under 7Q10 conditions, which are
defined in Rule .0206(a)(1) of this Section; and
(14) North Fork New River ORW Area (New River Basin) [Index Nos. 10-2-(1), 10-2-(11) and 10-2-(12)]: all
non-ORW waterbodies including Little Buffalo Creek and Claybank Creek [Index Nos. 10-2-20-1 and 10-
2-20-1-1] that are located within the North Fork New River watershed shall comply with Rule .0224 of this
Section in order to protect the ORW designated waters.

History Note: Authority G.S. 143-214.1; S.L. 2005-97;
Eff. October 1, 1995;
Amended Eff. August 1, 2003 (see S.L. 2003-433, s.2); August 1, 2000; April 1, 1996; January 1, 1996;
Temporary Amendment Eff. October 7, 2003;
Amended Eff. December 1, 2010; July 1, 2009; January 1, 2007; June 1, 2004.

15A NCAC 02B .0226 EXEMPTIONS FROM SURFACE WATER QUALITY STANDARDS
Variances from applicable standards, revisions to water quality standards or site-specific water quality standards may be
granted by the Commission on a case-by-case basis pursuant to G.S. 143-215.3(e), 143-214.3 or 143-214.1. A listing of
existing variances shall be maintained and made available to the public by the Division. Exemptions established pursuant to
this Rule shall be reviewed as part of the Triennial Review of Water Quality Standards conducted pursuant to 40 CFR
131.10(g).

History Note: Authority G.S. 143-214.1; 143-214.3; 143-215.3(e);
Eff. October 1, 1995.

15A NCAC 02B .0227 WATER QUALITY MANAGEMENT PLANS
(a) In implementing the water quality standards to protect the "existing uses" [as defined by Rule .0202 of this Section] of the
waters of the state or the water quality that supports those uses, the Commission shall develop water quality management plans
on a priority basis to attain, maintain or enhance water quality throughout the state. Additional specific actions deemed
necessary by the Commission to protect the water quality or the existing uses of the waters of the state shall be specified in
Paragraph (b) of this Rule. These actions may include anything within the powers of the Commission. The Commission may
also consider local actions that have been taken to protect a waterbody in determining the appropriate protection options to be
incorporated into the water quality management plan.
(b) All waters determined by the Commission to be protected by a water quality management plan are listed with specific
actions either in Rules .0601 - .0608 of this Subchapter that address the Goose Creek watershed (Yadkin Pee-Dee River
Basin) or as follows:
(1) The Lockwoods Folly River Area (Lumber River Basin), which includes all waters of the lower Lockwoods
Folly River in an area extending north from the Intracoastal Waterway to a line extending from Genoes
Point to Mullet Creek, shall be protected by the specific actions described in Parts (A) through (D) of this
Subparagraph.
(A) New development activities within 575' of the mean high water line that require a Sedimentation
Erosion Control Plan or a CAMA major development permit shall comply with the low density
option of the coastal stormwater requirements as specified in 15A NCAC 02H .1005(3)(a).
(B) New or expanded NPDES permits shall be issued only for non-domestic, non-industrial process
type discharges such as non-industrial process cooling or seafood processing discharges. A public
hearing shall be mandatory for any proposed (new or expanded) NPDES permit to this protected
area.
(C) New or expanded marinas shall be located in upland basin areas.
(D) No dredge or fill activities shall be allowed if those activities would result in a reduction of the
beds of "submerged aquatic vegetation habitat" or "shellfish producing habitat" that are defined in
15A NCAC 03I .0101, except for maintenance dredging, such as that required to maintain access
to existing channels and facilities located within the protected area or maintenance dredging for
activities such as agriculture.
(2) A part of the Cape Fear River (Cape Fear River Basin) comprised of a section of Index No.18-(71) from
upstream mouth of Toomers Creek to a line across the river between Lilliput Creek and Snows Cut shall be
protected by the Class SC Sw standards as well as the following site-specific action: All new individual
NPDES wastewater discharges and expansions of existing individual NPDES wastewater discharges shall
be required to provide treatment for oxygen consuming wastes as described in Parts (A) through (C) of this
Subparagraph.
(A) Effluent limitations shall be as follows: BOD5 = 5 mg/l, NH3-N = 1 mg/l and DO = 6 mg/l, or
utilize site-specific best available technology on a case-by-case basis for industrial discharges in
accordance with Rule .0406 (e) of this Subchapter.
(B) Seasonal effluent limits for oxygen consuming wastes shall be considered in accordance with Rule
.0404 of this Subchapter.
(C) Any new or expanded permitted pollutant discharge of oxygen consuming waste shall not cause
the dissolved oxygen of the receiving water to drop more than 0.1 mg/l below the modeled in-
stream dissolved oxygen at total permitted capacity for all discharges.

History Note: Authority G.S. 143-214.1; 143-215.8A;
Eff. October 1, 1995;
Amended Eff. June 30, 2017; January 1, 1996.

15A NCAC 02B .0228 EFFLUENT CHANNELS
The standards of water quality contained in this Section shall not apply to waters within effluent channels, as defined in Rule
.0202 of this Section, except that said waters shall be maintained at a quality which shall prevent the occurrence of offensive
conditions, protect public health, and allow maintenance of the standards applicable to all downstream waters. Effluent
channels shall be designated by the Director, such that the channels shall:
(1) be contained entirely on property owned (or otherwise controlled) by the discharger (to be demonstrated by
the discharger);
(2) not contain natural waters except when such waters occur in direct response to rainfall events by overland
runoff;
(3) be so constructed or modified as to minimize the migration of fish into said channel;
(4) be identified and designated on a case-by-case basis prior to permit issuance.

History Note: Authority G.S. 143-214.1;
Eff. October 1, 1995;
Amended Eff. January 1, 1996.

15A NCAC 02B .0229 TAR-PAMLICO RIVER BASIN - NUTRIENT SENSITIVE WATERS MANAGEMENT
STRATEGY: NUTRIENT OFFSET PAYMENTS FOR NON-TAR-PAMLICO BASIN
ASSOCIATION MEMBERS
(a) All waters of the Tar-Pamlico River Basin have been supplementally classified nutrient sensitive waters (NSW) pursuant
to 15A NCAC 2B .0223. The following procedures are to be implemented in accordance with 15A NCAC 2B .0223 in all
waters of the Tar-Pamlico River Basin for those wastewater dischargers who are not members of the Tar-Pamlico Basin
Association;
(b) Existing wastewater dischargers expanding to greater than 0.5 million gallons per day (MGD), who are not members of
the Tar-Pamlico Basin Association, shall be required to offset their additional nutrient loads by funding nonpoint source
control programs approved by the Division of Water Quality prior to the issuance of their NPDES permit and at each renewal.
Nitrogen and phosphorus loads shall be offset at the rate of 110 percent of the cost to implement BMPs designed to reduce
that same load created by expanding the discharge above 0.5 MGD. Equations for calculating the offset costs are:
(1) For an existing facility with permitted flow of less than or equal to 0.5 MGD as of December 8, 1994
expanding to greater than 0.5 MGD who is not a member of the Tar-Pamlico Basin Association:
Payment=((PFe x (TN+TP) x 1384)-(0.5 x (TN+TP) x 1384)) x (BMPc x 1.1) where:
Payment = the nutrient offset payment ($);
PFe = Permitted Flow including expansion (MGD);
TN = 6 mg/l total nitrogen for domestic discharges or BAT for industrial discharges;
TP = 1 mg/l total phosphorus for domestic discharges or BAT for industrial discharges;
1384 = conversion factor;
0.5 = the permitted flow (MGD) above which payment for additional nutrient loading is required;
BMPc = Best Management Practice cost-effectiveness rate in $/kg as set in 15A NCAC 2B .0237 of this
Section;
1.1 = 110 percent of the cost for the nonpoint source controls.
(2) For an expanding facility with a permitted flow of greater than or equal to 0.5 MGD as of December 8,
1994 who is not a member of the Tar-Pamlico Basin Association:
Payment=((PFe x (TN+TP) x 1384)-(PF x (TN+TP) x 1384)) x (BMPc x 1.1) where:
Payment = the nutrient offset payment ($);
PFe = Permitted Flow including expansion (MGD);
PF = Permitted Flow as of December 8, 1994 (MGD);
TN = 6 mg/l total nitrogen for domestic discharges or BAT for industrial discharges;
TP = 1 mg/l total phosphorus for domestic discharges or BAT for industrial discharges;
1384 = conversion factor;
BMPc = Best Management Practice cost-effectiveness rate in $/kg as set in 15A NCAC 2B .0237 of this
Section;
1.1 = 110 percent of the cost for the nonpoint source controls.
(c) New wastewater dischargers with permitted flows greater than or equal to 0.05 MGD, who are not members of the Tar-
Pamlico Basin Association, shall be required to offset their nutrient loads by funding nonpoint source control programs
approved by the Division of Water Quality prior to the issuance of their NPDES permit and at each renewal. Nitrogen and
phosphorus loads shall be offset at the rate of 110 percent of the cost to implement BMPs designed to reduce that same
loading created by the new discharge above 0.05 MGD. The equation for calculating the offset costs is:
Payment = PF x (TN+TP) x 1384 x (BMPc x 1.1) where:
Payment = the nutrient offset payment ($);
PF = Permitted Flow (MGD);
TN = 6 mg/l total nitrogen for domestic discharges or BAT for industrial discharges;
TP = 1 mg/l total phosphorus for domestic discharges or BAT for industrial discharges;
1384 = conversion factor;
BMPc = Best Management Practice cost-effectiveness rate in $/kg as set in 15A NCAC 2B .0237 of this
Section;
1.1 = 110 percent of the cost for the nonpoint source controls.
(d) Existing wastewater dischargers expanding to greater than 0.5 MGD, who are not members of the Tar-Pamlico Basin
Association, may petition the Commission or its designee for an exemption from Paragraph (b) of this Rule upon meeting all
of the following conditions:
(1) For industrial facilities:
(A) The facility has reduced its annual average TN loading by 30 percent from its annual average
1991 TN loading or nitrogen is not part of the waste stream above background levels;
(B) The facility has reduced its annual average TP loading by 30 percent from its annual average 1991
TP loading or phosphorus is not part of the waste stream above background levels;
(C) The expansion does not result in annual average TN loading greater than 70 percent of the 1991
annual average TN load. Permit limits may be established to insure that the 70 percent load is not
exceeded;
(D) The expansion does not result in annual average TP loading greater than 70 percent of the 1991
annual average TP load. Permit limits may be established to insure that the 70 percent load is not
exceeded;
(E) To maintain its exemption from Paragraph (b) of this Rule, a facility must continue to meet the
requirements of Subparagraph (d)(1) Parts (A) through (D) of this Rule.
(2) For municipal facilities:
(A) The facility has reduced its annual average TN loading by 30 percent from its annual average
1991 TN loading;
(B) The facility has reduced its annual average TP loading by 30 percent from its annual average 1991
TP loading;
(C) The expansion does not result in annual average TN loading greater than 70 percent of the 1991
annual average TN load. Permit limits may be established to insure that the 70 percent load is not
exceeded;
(D) The expansion does not result in annual average TP loading greater than 70 percent of the 1991
annual average TP load. Permit limits may be established to insure that the 70 percent load is not
exceeded;
(E) To maintain its exemption from Paragraph (b) of this Rule, a facility must continue to meet the
requirements of Subparagraph (d)(2) Parts (A) through (D) of this Rule.

History Note: Authority G.S. 143-214.1;
Eff. April 1, 1997.

15A NCAC 02B .0230 ACTIVITIES DEEMED TO COMPLY WITH WETLANDS STANDARDS
(a) The following activities for which Section 404 permits are not required pursuant to Section 404(f)(1) of the Clean Water
Act and which are not recaptured into the permitting process pursuant to Section 404(f)(2) are deemed to be in compliance
with wetland standards in 15A NCAC 2B .0231 provided that they comply with the most current versions of the federal
regulations to implement Section 404 (f) (US Environmental Protection Agency and US Army Corps of Engineers including
40 C.F.R. 232.3) and the Sedimentation Pollution Control Act, G.S. 113A, Article 4:
(1) normal, on-going silviculture, farming and ranching activities such as plowing, seeding, cultivating, minor
drainage and harvesting for the production of food, fiber and forest products, or upland soil and water
conservation practices, provided that relevant silvicultural activities must comply with U.S. Environmental
Protection Agency and U.S. Army Corps of Engineers Memorandum to the Field entitled "Application of
Best Management Practices to Mechanical Silvicultural Site Preparation Activities for the Establishment of
Pine Plantations in the Southeast", November 28, 1995 which is hereby incorporated by reference including
any subsequent amendments and editions;
(2) maintenance, including emergency reconstruction of recently damaged parts, of currently serviceable
structures such as dikes, dams, levees, groins, riprap, breakwaters, causeways, and bridge abutments or
approaches, and transportation structures, and other maintenance, repairs or modification to existing
structures as required by the NC Dam Safety Program;
(3) construction and maintenance of farm or stock ponds or irrigation ditches. In addition, new pond
construction in designated river basins with riparian buffer protection regulations also must comply with
relevant portions of those regulations;
(4) maintenance of drainage ditches, provided that spoil is removed to high ground, placed on top of previous
spoil, or placed parallel to one side or the other of the ditch within a distance of 20 feet and spoils are
placed in a manner that minimizes damages to existing wetlands; and ditch maintenance is no greater than
the original depth, length and width of the ditch;
(5) construction of temporary sediment control measures or best management practices as required by the NC
Sediment and Erosion Control Program on a construction site, provided that the temporary sediment
control measures or best management practices are restored to natural grade and stabilized within two
months of completion of the project and native woody vegetation is reestablished during the next
appropriate planting season and maintained;
(6) construction or maintenance of farm roads, forest roads, and temporary roads for moving mining equipment
where such roads are constructed and maintained in accordance with best management practices, as defined
in 40 C.F.R. 232.3 (c)(6)(i-xv), to assure that flow and circulation patterns and chemical and biological
characteristics of the navigable waters are not impaired, that the reach of navigable waters is not reduced,
and that any adverse effects on the aquatic environment will be otherwise minimized.
(b) Where the Director determines, in consultation with the US Army Corps of Engineers or the US Environmental Protection
Agency, and considering existing or projected environmental impact, that an activity is not exempt from permitting under
Section 404(f), or where the appropriate Best Management Practices are not implemented and maintained in accordance with
Paragraph (a) of this Rule, the Director may require restoration of the wetlands as well as imposition of enforcement measures
as authorized by G.S. 143-215.6A (civil penalties), G.S. 143-215.6B (criminal penalties) and G.S. 143-215.6C (injunctive
relief).

History Note: Authority G.S. 143-214.1; 143-214.7; 143-215; 143-215.3; 143-215.6A; 143-215.6B; 143-215.6C;
Temporary Adoption Eff. November 24, 1999;
Eff. April 1, 2001.

15A NCAC 02B .0231 WETLAND STANDARDS
(a) General. The water quality standards for all wetlands are designed to protect, preserve, restore and enhance the quality
and uses of wetlands and other waters of the state influenced by wetlands. The following are wetland uses:
(1) Storm and flood water storage and retention and the moderation of extreme water level fluctuations;
(2) Hydrologic functions including groundwater discharge that contributes to maintain dry weather streamflow
and, at other locations or times, groundwater recharge that replenishes the groundwater system;
(3) Filtration or storage of sediments, nutrients, toxic substances, or other pollutants that would otherwise
adversely impact the quality of other waters of the state;
(4) Shoreline protection against erosion through the dissipation of wave energy and water velocity and
stabilization of sediments;
(5) Habitat for the propagation of resident wetland-dependent aquatic organisms including, but not limited to
fish, crustaceans, mollusks, insects, annelids, planktonic organisms and the plants and animals upon which
these aquatic organisms feed and depend upon for their needs in all life stages; and
(6) Habitat for the propagation of resident wetland-dependent wildlife species, including mammals, birds,
reptiles and amphibians for breeding, nesting, cover, travel corridors and food.
(b) The following standards shall be used to assure the maintenance or enhancement of the existing uses of wetlands
identified in Paragraph (a) of this Rule:
(1) Liquids, fill or other solids or dissolved gases may not be present in amounts which may cause adverse
impacts on existing wetland uses;
(2) Floating or submerged debris, oil, deleterious substances, or other material may not be present in amounts
which may cause adverse impacts on existing wetland uses;
(3) Materials producing color, odor, taste or unsightliness may not be present in amounts which may cause
adverse impacts on existing wetland uses;
(4) Concentrations or combinations of substances which are toxic or harmful to human, animal or plant life
may not be present in amounts which individually or cumulatively may cause adverse impacts on existing
wetland uses;
(5) Hydrological conditions necessary to support the biological and physical characteristics naturally present in
wetlands shall be protected to prevent adverse impacts on:
(A) Water currents, erosion or sedimentation patterns;
(B) Natural water temperature variations;
(C) The chemical, nutrient and dissolved oxygen regime of the wetland;
(D) The movement of aquatic fauna;
(E) The pH of the wetland; and
(F) Water levels or elevations.
(6) The populations of wetland flora and fauna shall be maintained to protect biological integrity as defined at
15A NCAC 2B .0202.

History Note: Authority G.S. 143-214.1; 143-215.3(a)(1);
RRC Objection Eff. July 18, 1996 due to lack of statutory authority and ambiguity;
Eff. October 1, 1996.

15A NCAC 02B .0232 NEUSE RIVER BASIN- NUTRIENT SENSITIVE WATERS MANAGEMENT
STRATEGY: BASIN NUTRIENT REDUCTION GOAL
(a) Pursuant to 1995 (Reg. Sess., 1996) N.C. Session Laws, c. 572, the Environmental Management Commission hereby
establishes the goal of reducing the average annual load of nitrogen delivered to the Neuse River Estuary from point and
nonpoint sources by a minimum of 30 percent of the average annual load for the period 1991 through 1995 by the year 2001.
All waters of the Neuse River Basin have been supplementally classified as Nutrient Sensitive Waters (NSW) pursuant to 15A
NCAC 2B .0223. The following rules shall be implemented in accordance with 15A NCAC 2B .0223 in all waters of the
Neuse River Basin:
(1) Rule .0233 for protection and maintenance of riparian areas,
(2) Rule .0234 for wastewater discharges,
(3) Rule .0235 for urban stormwater management,
(4) Rules .0236 and .0238 for agricultural nitrogen reduction,
(5) Rule .0239 for nutrient management, and
(6) Rule .0240 for nitrogen offset fees.
(b) Failure to meet requirements of Rules .0233, .0234, .0235, .0236, .0238, .0239, and .0240 of this Section may result in
imposition of enforcement measures as authorized by G.S. 143-215.6A (civil penalties), G.S. 143-215.6B (criminal penalties),
and G.S. 143-215.6C (injunctive relief).

History Note: Authority G.S. 143-214.1; 143-214.7; 143-215.1; 143-215.3(a)(1); 143-215.6A; 143-215.6B;
143-215.6C;
Eff. August 1, 1998.

15A NCAC 02B .0233 NEUSE RIVER BASIN: NUTRIENT SENSITIVE WATERS MANAGEMENT
STRATEGY: PROTECTION AND MAINTENANCE OF EXISTING RIPARIAN BUFFERS
The following is the management strategy for maintaining and protecting existing riparian buffers in the Neuse River Basin.
(1) PURPOSE. The purpose of this Rule shall be to protect and preserve existing riparian buffers in the Neuse
River Basin to maintain their nutrient removal functions.
(2) DEFINITIONS. For the purpose of this Rule, these terms shall be defined as follows:
(a) 'Channel' means a natural water-carrying trough cut vertically into low areas of the land surface by
erosive action of concentrated flowing water or a ditch or canal excavated for the flow of water.
(current definition in Forest Practice Guidelines Related to Water Quality, 15A NCAC 01I .0102)
(b) 'DBH' means Diameter at Breast Height of a tree, which is measured at 4.5 feet above ground
surface level.
(c) 'Ditch or canal' means a man-made channel other than a modified natural stream constructed for
drainage purposes that is typically dug through inter-stream divide areas. A ditch or canal may
have flows that are perennial, intermittent, or ephemeral and may exhibit hydrological and
biological characteristics similar to perennial or intermittent streams.
(d) 'Ephemeral (stormwater) stream' means a feature that carries only stormwater in direct response to
precipitation with water flowing only during and shortly after large precipitation events. An
ephemeral stream may or may not have a well-defined channel, the aquatic bed is always above
the water table, and stormwater runoff is the primary source of water. An ephemeral stream
typically lacks the biological, hydrological, and physical characteristics commonly associated with
the continuous or intermittent conveyance of water.
(e) 'Forest plantation' means an area of planted trees that may be conifers (pines) or hardwoods. On a
plantation, the intended crop trees are planted rather than naturally regenerated from seed on the
site, coppice (sprouting), or seed that is blown or carried into the site.
(f) 'High Value Tree' means a tree that meets or exceeds the following standards: for pine species,
14-inch DBH or greater or 18-inch or greater stump diameter; and, for hardwoods and wetland
species, 16-inch DBH or greater or 24-inch or greater stump diameter.
(g) 'Intermittent stream' means a well-defined channel that contains water for only part of the year,
typically during winter and spring when the aquatic bed is below the water table. The flow may
be heavily supplemented by stormwater runoff. An intermittent stream often lacks the biological
and hydrological characteristics commonly associated with the conveyance of water.
(h) 'Modified natural stream' means an on-site channelization or relocation of a stream channel and
subsequent relocation of the intermittent or perennial flow as evidenced by topographic alterations
in the immediate watershed. A modified natural stream must have the typical biological,
hydrological, and physical characteristics commonly associated with the continuous conveyance
of water.
(i) 'Perennial stream' means a well-defined channel that contains water year round during a year of
normal rainfall with the aquatic bed located below the water table for most of the year.
Groundwater is the primary source of water for a perennial stream, but it also carries stormwater
runoff. A perennial stream exhibits the typical biological, hydrological, and physical
characteristics commonly associated with the continuous conveyance of water.
(j) 'Perennial waterbody' means a natural or man-made basin that stores surface water permanently at
depths sufficient to preclude growth of rooted plants, including lakes, ponds, sounds, non-stream
estuaries and ocean. For the purpose of the State=s riparian buffer protection program, the
waterbody must be part of a natural drainageway (i.e., connected by surface flow to a stream).
(k) 'Stream' means a body of concentrated flowing water in a natural low area or natural channel on
the land surface.
(l) 'Surface water' means all waters of the state as defined in G.S. 143-212 except underground
waters.
(m) 'Tree' means a woody plant with a DBH equal to or exceeding five inches.
(3) APPLICABILITY. This Rule shall apply to 50-foot wide riparian buffers directly adjacent to surface
waters in the Neuse River Basin (intermittent streams, perennial streams, lakes, ponds, and estuaries),
excluding wetlands. Except as described in Sub-Item (4)(a)(iii) of this Rule, wetlands adjacent to surface
waters or within 50 feet of surface waters shall be considered as part of the riparian buffer but are regulated
pursuant to 15A NCAC 02H .0506. The riparian buffers protected by this Rule shall be measured pursuant
to Item (4) of this Rule. For the purpose of this Rule, a surface water shall be present if the feature is
approximately shown on either the most recent version of the soil survey map prepared by the Natural
Resources Conservation Service of the United States Department of Agriculture or the most recent version
of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the United States Geologic
Survey (USGS). Riparian buffers adjacent to surface waters that do not appear on either of the maps shall
not be subject to this Rule. Riparian buffers adjacent to surface waters that appear on the maps shall be
subject to this Rule unless one of the following applies.
(a) EXEMPTION WHEN AN ON-SITE DETERMINATION SHOWS THAT SURFACE WATERS
ARE NOT PRESENT. When a landowner or other affected party believes that the maps have
inaccurately depicted surface waters, he or she shall consult the Division or the appropriate
delegated local authority. Upon request, the Division or delegated local authority shall make on-
site determinations. Any disputes over on-site determinations shall be referred to the Director in
writing. A determination of the Director as to the accuracy or application of the maps is subject to
review as provided in Articles 3 and 4 of G.S. 150B. Surface waters that appear on the maps shall
not be subject to this Rule if an on-site determination shows that they fall into one of the following
categories.
(i) Ditches and manmade conveyances other than modified natural streams unless
constructed for navigation or boat access.
(ii) Manmade ponds and lakes that are located outside natural drainage ways.
(iii) Ephemeral (stormwater) streams.
(b) EXEMPTION WHEN EXISTING USES ARE PRESENT AND ONGOING. This Rule shall not
apply to portions of the riparian buffer where a use is existing and ongoing according to the
following:
(i) A use shall be considered existing if it was present within the riparian buffer as of July
22, 1997. Existing uses shall include, but not be limited to, agriculture, buildings,
industrial facilities, commercial areas, transportation facilities, maintained lawns, utility
lines and on-site sanitary sewage systems. Only the portion of the riparian buffer that
contains the footprint of the existing use is exempt from this Rule. Activities necessary
to maintain uses are allowed provided that no additional vegetation is removed from
Zone 1 except that grazed or trampled by livestock and existing diffuse flow is
maintained. Grading and revegetating Zone 2 is allowed provided that the health of the
vegetation in Zone 1 is not compromised, the ground is stabilized and existing diffuse
flow is maintained.
(ii) At the time an existing use is proposed to be converted to another use, this Rule shall
apply. An existing use shall be considered to be converted to another use if any of the
following applies:
(A) Impervious surface is added to the riparian buffer in locations where it did not
exist previously.
(B) An agricultural operation within the riparian buffer is converted to a non-
agricultural use.
(C) A lawn within the riparian buffer ceases to be maintained.
(4) ZONES OF THE RIPARIAN BUFFER. The protected riparian buffer shall have two zones as follows:
(a) Zone 1 shall consist of a vegetated area that is undisturbed except for uses provided for in Item (6)
of this Rule. The location of Zone 1 shall be as follows:
(i) For intermittent and perennial streams, Zone 1 shall begin at the most landward limit of
the top of bank or the rooted herbaceous vegetation and extend landward a distance of
30 feet on all sides of the surface water, measured horizontally on a line perpendicular to
the surface water.
(ii) For ponds, lakes and reservoirs located within a natural drainage way, Zone 1 shall begin
at the most landward limit of the normal water level or the rooted herbaceous vegetation
and extend landward a distance of 30 feet, measured horizontally on a line perpendicular
to the surface water.
(iii) For surface waters within the 20 Coastal Counties (defined in 15A NCAC 02B .0202)
within the jurisdiction of the Division of Coastal Management, Zone 1 shall begin at the
most landward limit of:
(A) the normal high water level;
(B) the normal water level; or
(C) the landward limit of coastal wetlands as defined by the Division of
Coastal Management;
and extend landward a distance of 30 feet, measured horizontally on a line perpendicular
to the surface water, whichever is more restrictive.
(b) Zone 2 shall consist of a stable, vegetated area that is undisturbed except for activities and uses
provided for in Item (6) of this Rule. Grading and revegetating Zone 2 is allowed provided that
the health of the vegetation in Zone 1 is not compromised. Zone 2 shall begin at the outer edge of
Zone 1 and extend landward 20 feet as measured horizontally on a line perpendicular to the
surface water. The combined width of Zones 1 and 2 shall be 50 feet on all sides of the surface
water.
(5) DIFFUSE FLOW REQUIREMENT. Diffuse flow of runoff shall be maintained in the riparian buffer by
dispersing concentrated flow and reestablishing vegetation.
(a) Concentrated runoff from new ditches or manmade conveyances shall be converted to diffuse flow
before the runoff enters the Zone 2 of the riparian buffer.
(b) Periodic corrective action to restore diffuse flow shall be taken if necessary to impede the
formation of erosion gullies.
(6) TABLE OF USES. The following chart sets out the uses and their designation under this Rule as exempt,
allowable, allowable with mitigation, or prohibited. The requirements for each category are given in Item
(7) of this Rule.

Exempt Allowable Allowable
with
Mitigation
Prohibited
Airport facilities:
 Airport facilities that impact equal to or less than 150 linear
feet or one-third of an acre of riparian buffer
 Airport facilities that impact greater than 150 linear feet or
one-third of an acre of riparian buffer

X

X

Archaeological activities X
Bridges X
Dam maintenance activities X
Drainage ditches, roadside ditches and stormwater outfalls
through riparian buffers:
 Existing drainage ditches, roadside ditches, and stormwater
outfalls provided that they are managed to minimize the
sediment, nutrients and other pollution that convey to
waterbodies
 New drainage ditches, roadside ditches and stormwater
outfalls provided that a stormwater management facility is
installed to control nitrogen and attenuate flow before the
conveyance discharges through the riparian buffer
 New drainage ditches, roadside ditches and stormwater
outfalls that do not provide control for nitrogen before
discharging through the riparian buffer
 Excavation of the streambed in order to bring it to the same
elevation as the invert of a ditch

X

X

X

X
Drainage of a pond in a natural drainage way provided that a
new riparian buffer that meets the requirements of Items (4) and
(5) of this Rule is established adjacent to the new channel
X
Driveway crossings of streams and other surface waters subject
to this Rule:
 Driveway crossings on single family residential lots that
disturb equal to or less than 25 linear feet or 2, 500
square feet of riparian buffer
 Driveway crossings on single family residential lots that
disturb greater than 25 linear feet or 2,500 square feet of
riparian buffer
 In a subdivision that cumulatively disturb equal to or less
than 150 linear feet or one-third of an acre of riparian
buffer
 In a subdivision that cumulatively disturb greater than 150
linear feet or one-third of an acre of riparian buffer

X

X

X

X

Fences provided that disturbance is minimized and installation
does not result in removal of forest vegetation
X
Forest harvesting - see Item (11) of this Rule
Fertilizer application:
 One-time fertilizer application to establish replanted
vegetation
 Ongoing fertilizer application

X

X
Grading and revegetation in Zone 2 only provided that diffuse
flow and the health of existing vegetation in Zone 1 is not
compromised and disturbed areas are stabilized
X
Greenway/hiking trails X
Historic preservation X
Landfills as defined by G.S. 130A-290 X
Mining activities:
 Mining activities that are covered by the Mining Act
provided that new riparian buffers that meet the
requirements of Items (4) and (5) of this Rule are
established adjacent to the relocated channels
 Mining activities that are not covered by the Mining Act OR
where new riparian buffers that meet the requirements or
Items (4) and (5) of this Rule are not established adjacent
to the relocated channels
 Wastewater or mining dewatering wells with approved
NPDES permit

X
X

X
Non-electric utility lines:
 Impacts other than perpendicular crossings in Zone 2 only3
 Impacts other than perpendicular crossings in Zone 13

X

X

Non-electric utility line perpendicular crossing of streams and
other surface waters subject to this Rule3:
 Perpendicular crossings that disturb equal to or less than 40
linear feet of riparian buffer with a maintenance corridor
equal to or less than 10 feet in width
 Perpendicular crossings that disturb greater than 40 linear
feet of riparian buffer with a maintenance corridor greater
than 10 feet in width
 Perpendicular crossings that disturb greater than 40 linear
feet but equal to or less than 150 linear feet of riparian
buffer with a maintenance corridor equal to or less than
10 feet in width
 Perpendicular crossings that disturb greater than 40 linear
feet but equal to or less than 150 linear feet of riparian
buffer with a maintenance corridor greater than 10 feet in
width
 Perpendicular crossings that disturb greater than 150 linear
feet of riparian buffer

X

X

X

X

X

On-site sanitary sewage systems - new ones that use ground
absorption
X

Overhead electric utility lines:
 Impacts other than perpendicular crossings in Zone 2 only3
 Impacts other than perpendicular crossings in Zone 1 1,2,3

X
X

Overhead electric utility line perpendicular crossings of streams
and other surface waters subject to this Rule3
 Perpendicular crossings that disturb equal to or less than
150 linear feet of riparian buffer 1
 Perpendicular crossings that disturb greater than 150 linear
feet of riparian buffer 1, 2

X

X

Periodic maintenance of modified natural streams such as canals
and a grassed travelway on one side of the surface water when
alternative forms of maintenance access are not practical
X

1 Provided that, in Zone 1, all of the following BMPs for overhead utility lines are used. If all of these BMPs are not used,
then the overhead utility lines shall require a no practical alternatives evaluation by the Division.
▪ A minimum zone of 10 feet wide immediately adjacent to the water body shall be managed such that only vegetation
that poses a hazard or has the potential to grow tall enough to interfere with the line is removed.
▪ Woody vegetation shall be cleared by hand. No land grubbing or grading is allowed.
▪ Vegetative root systems shall be left intact to maintain the integrity of the soil. Stumps shall remain where trees are
cut.
▪ Rip rap shall not be used unless it is necessary to stabilize a tower.
▪ No fertilizer shall be used other than a one-time application to re-establish vegetation.
▪ Construction activities shall minimize the removal of woody vegetation, the extent of the disturbed area, and the time
in which areas remain in a disturbed state.
▪ Active measures shall be taken after construction and during routine maintenance to ensure diffuse flow of
stormwater through the buffer.
▪ In wetlands, mats shall be utilized to minimize soil disturbance.
2 Provided that poles or towers shall not be installed within 10 feet of a water body unless the Division completes a no
practical alternatives evaluation.
3 Perpendicular crossings are those that intersect the surface water at an angle between 75 degrees and 105 degrees.

Exempt Allowable Allowable
with
Mitigation
Prohibited
Playground equipment:
 Playground equipment on single family lots provided
that installation and use does not result in removal of
vegetation
 Playground equipment installed on lands other than
single-family lots or that requires removal of
vegetation

X

X

Ponds in natural drainage ways, excluding dry ponds:
 New ponds provided that a riparian buffer that meets the
requirements of Items (4) and (5) of this Rule is
established adjacent to the pond
 New ponds where a riparian buffer that meets the
requirements of Items (4) and (5) of this Rule is NOT
established adjacent to the pond

X

X

Protection of existing structures, facilities and streambanks
when this requires additional disturbance of the riparian
buffer or the stream channel
X
Railroad impacts other than crossings of streams and other
surface waters subject to this Rule
X
Railroad crossings of streams and other surface waters subject
to this Rule:
 Railroad crossings that impact equal to or less than 40
linear feet of riparian buffer
 Railroad crossings that impact greater than 40 linear feet
but equal to or less than 150 linear feet or one-third of
an acre of riparian buffer
 Railroad crossings that impact greater than 150 linear
feet or one-third of an acre of riparian buffer

X

X

X

Removal of previous fill or debris provided that diffuse flow
is maintained and any vegetation removed is restored
X
Road impacts other than crossings of streams and other
surface waters subject to this Rule
X
Road crossings of streams and other surface waters subject to
this Rule:
 Road crossings that impact equal to or less than 40 linear

feet of riparian buffer
 Road crossings that impact greater than 40 linear feet but
equal to or less than 150 linear feet or one-third of an
acre of riparian buffer
 Road crossings that impact greater than 150 linear feet or
one-third of an acre of riparian buffer
X
X

X
Scientific studies and stream gauging X
Stormwater management ponds excluding dry ponds:
 New stormwater management ponds provided that a
riparian buffer that meets the requirements of Items (4)
and (5) of this Rule is established adjacent to the pond
 New stormwater management ponds where a riparian
buffer that meets the requirements of Items (4) and (5)
of this Rule is NOT established adjacent to the pond

X

X

Stream restoration X
Streambank stabilization X
Temporary roads:
 Temporary roads that disturb less than or equal to 2,500
square feet provided that vegetation is restored within
six months of initial disturbance
 Temporary roads that disturb greater than 2,500 square
feet provided that vegetation is restored within six
months of initial disturbance
 Temporary roads used for bridge construction or
replacement provided that restoration activities, such
as soil stabilization and revegetation, are conducted
immediately after construction

X

X

X

Temporary sediment and erosion control devices:
 In Zone 2 only provided that the vegetation in Zone 1 is
not compromised and that discharge is released as
diffuse flow in accordance with Item (5) of this Rule
 In Zones 1 and 2 to control impacts associated with uses
approved by the Division or that have received a
variance provided that sediment and erosion control
for upland areas is addressed to the maximum extent
practical outside the buffer
 In-stream temporary erosion and sediment control
measures for work within a stream channel

X

X

X

Underground electric utility lines:
 Impacts other than perpendicular crossings in Zone 2
only3
 Impacts other than perpendicular crossings in Zone 13,4

X
X

Underground electric utility line perpendicular crossings of
streams and other surface waters subject to this Rule:3
 Perpendicular crossings that disturb less than or equal to
40 linear feet of riparian buffer3,4
 Perpendicular crossings that disturb greater than 40
linear feet of riparian buffer3,4

X

X

4 Provided that, in Zone 1, all of the following BMPs for underground utility lines are used. If all of these BMPs are not used,
then the underground utility line shall require a no practical alternatives evaluation by the Division.
▪ Woody vegetation shall be cleared by hand. No land grubbing or grading is allowed.
▪ Vegetative root systems shall be left intact to maintain the integrity of the soil. Stumps shall remain, except in the
trench, where trees are cut.
▪ Underground cables shall be installed by vibratory plow or trenching.
▪ The trench shall be backfilled with the excavated soil material immediately following cable installation.
▪ No fertilizer shall be used other than a one-time application to re-establish vegetation.
▪ Construction activities shall minimize the removal of woody vegetation, the extent of the disturbed area, and the time
in which areas remain in a disturbed state.
▪ Active measures shall be taken after construction and during routine maintenance to ensure diffuse flow of
stormwater through the buffer.
▪ In wetlands, mats shall be utilized to minimize soil disturbance.

Exempt Allowable Allowable
with
Mitigation
Prohibited
Vegetation management:
 Emergency fire control measures provided that
topography is restored
 Periodic mowing and harvesting of plant products in
Zone 2 only
 Planting vegetation to enhance the riparian buffer
 Pruning forest vegetation provided that the health and
function of the forest vegetation is not compromised
 Removal of individual trees which are in danger of
causing damage to dwellings, other structures or
human life
 Removal of poison ivy
 Removal of understory nuisance vegetation as defined in:
Smith, Cherri L. 1998. Exotic Plant Guidelines.
Department of Environment and Natural Resources.
Division of Parks and Recreation. Raleigh, NC.
Guideline #30

X

X

X
X

X

X
X

Water dependent structures as defined in 15A NCAC 02B
.0202
X
Water supply reservoirs:
 New reservoirs provided that a riparian buffer that meets
the requirements of Items (4) and (5) of this Rule is
established adjacent to the reservoir
 New reservoirs where a riparian buffer that meets the
requirements of Items (4) and (5) of this Rule is NOT
established adjacent to the reservoir

X

X

Water wells X
Wetland restoration X

(7) REQUIREMENTS FOR CATEGORIES OF USES. Uses designated as exempt, allowable, allowable with
mitigation and prohibited in Item (6) of this Rule shall have the following requirements:
(a) EXEMPT. Uses designated as exempt are allowed within the riparian buffer. Exempt uses shall
be designed, constructed and maintained to minimize soil disturbance and to provide the
maximum water quality protection practicable. In addition, exempt uses shall meet requirements
listed in Item (6) of this Rule for the specific use.
(b) ALLOWABLE. Uses designated as allowable may proceed within the riparian buffer provided
that there are no practical alternatives to the requested use pursuant to Item (8) of this Rule.
These uses require written authorization from the Division or the delegated local authority.
(c) ALLOWABLE WITH MITIGATION. Uses designated as allowable with mitigation may
proceed within the riparian buffer provided that there are no practical alternatives to the requested
use pursuant to Item (8) of this Rule and an appropriate mitigation strategy has been approved
pursuant to Item (10) of this Rule. These uses require written authorization from the Division or
the delegated local authority.
(d) PROHIBITED. Uses designated as prohibited may not proceed within the riparian buffer unless a
variance is granted pursuant to Item (9) of this Rule. Mitigation may be required as one condition
of a variance approval.
(8) DETERMINATION OF "NO PRACTICAL ALTERNATIVES." Persons who wish to undertake uses
designated as allowable or allowable with mitigation shall submit a request for a "no practical alternatives"
determination to the Division or to the delegated local authority. The applicant shall certify that the criteria
identified in Sub-Item (8)(a) of this Rule are met. The Division or the delegated local authority shall grant
an Authorization Certificate upon a "no practical alternatives" determination. The procedure for making an
Authorization Certificate shall be as follows:
(a) For any request for an Authorization Certificate, the Division or the delegated local authority shall
review the entire project and make a finding of fact as to whether the following requirements have
been met in support of a "no practical alternatives" determination:
(i) The basic project purpose cannot be practically accomplished in a manner that would
better minimize disturbance, preserve aquatic life and habitat, and protect water quality.
(ii) The use cannot practically be reduced in size or density, reconfigured or redesigned to
better minimize disturbance, preserve aquatic life and habitat, and protect water quality.
(iii) Best management practices shall be used if necessary to minimize disturbance, preserve
aquatic life and habitat, and protect water quality.
(b) Requests for an Authorization Certificate shall be reviewed and either approved or denied within
60 days of receipt of a complete submission based on the criteria in Sub-Item (8)(a) of this Rule
by either the Division or the delegated local authority. Failure to issue an approval or denial
within 60 days shall constitute that the applicant has demonstrated "no practical alternatives."
The Division or the delegated local authority may attach conditions to the Authorization
Certificate that support the purpose, spirit and intent of the riparian buffer protection program.
Complete submissions shall include the following:
(i) The name, address and phone number of the applicant;
(ii) The nature of the activity to be conducted by the applicant;
(iii) The location of the activity, including the jurisdiction;
(iv) A map of sufficient detail to accurately 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;
(v) An explanation of why this plan for the activity cannot be practically accomplished,
reduced or reconfigured to better minimize disturbance to the riparian buffer, preserve
aquatic life and habitat and protect water quality; and
(vi) Plans for any best management practices proposed to be used to control the impacts
associated with the activity.
(c) Any disputes over determinations regarding Authorization Certificates shall be referred to the
Director for a decision. The Director's decision is subject to review as provided in Articles 3 and
4 of G.S. 150B.
(9) VARIANCES. Persons who wish to undertake uses designated as prohibited may pursue a variance. The
Division or the appropriate delegated local authority may grant minor variances. The variance request
procedure shall be as follows:
(a) For any variance request, the Division or the delegated local authority shall make a finding of fact
as to whether the following requirements have been met:
(i) There are practical difficulties or unnecessary hardships that prevent compliance with
the strict letter of the riparian buffer protection requirements. Practical difficulties or
unnecessary hardships shall be evaluated in accordance with the following:
(A) If the applicant complies with the provisions of this Rule, he/she can secure no
reasonable return from, nor make reasonable use of, his/her property. Merely
proving that the variance would permit a greater profit from the property shall
not be considered adequate justification for a variance. Moreover, the Division
or delegated local authority shall consider whether the variance is the minimum
possible deviation from the terms of this Rule that shall make reasonable use of
the property possible.
(B) The hardship results from application of this Rule to the property rather than
from other factors such as deed restrictions or other hardship.
(C) The hardship is due to the physical nature of the applicant's property, such as
its size, shape, or topography, which is different from that of neighboring
property.
(D) The applicant did not cause the hardship by knowingly or unknowingly
violating this Rule.
(E) The applicant did not purchase the property after the effective date of this Rule,
and then requesting an appeal.
(F) The hardship is unique to the applicant's property, rather than the result of
conditions that are widespread. If other properties are equally subject to the
hardship created in the restriction, then granting a variance would be a special
privilege denied to others, and would not promote equal justice;
(ii) The variance is in harmony with the general purpose and intent of the State's riparian
buffer protection requirements and preserves its spirit; and
(iii) In granting the variance, the public safety and welfare have been assured water quality
has been protected, and substantial justice has been done.
(b) MINOR VARIANCES. A minor variance request pertains to activities that are proposed only to
impact any portion of Zone 2 of the riparian buffer. Minor variance requests shall be reviewed
and approved based on the criteria in Sub-Item (9)(a) of this Rule by the either the Division or the
delegated local authority pursuant to G.S. 153A Article 18, or G.S. 160A-Article 19. The
Division or the delegated local authority may attach conditions to the variance approval that
support the purpose, spirit and intent of the riparian buffer protection program. Requests for
appeals of decisions made by the Division shall be made to the Office of Administrative Hearings.
Request for appeals made by the delegated local authority shall be made to the appropriate Board
of Adjustment under G.S. 160A-388 or G.S. 153A-345.
(c) MAJOR VARIANCES. A major variance request pertains to activities that are proposed to
impact any portion of Zone 1 or any portion of both Zones 1 and 2 of the riparian buffer. If the
Division or the delegated local authority has determined that a major variance request meets the
requirements in Sub-Item (9)(a) of this Rule, then it shall prepare a preliminary finding and submit
it to the Commission. Preliminary findings on major variance requests shall be reviewed by the
Commission within 90 days after receipt by the Director. Requests for appeals of determinations
that the requirements of Sub-Item (9)(a) of this Rule have not been met shall be made to the
Office of Administrative Hearings for determinations made by the Division or the appropriate
Board of Adjustments under G.S. 160A-388 or G.S. 153A-345 for determinations made by the
delegated local authority. The purpose of the Commission's review is to determine if it agrees that
the requirements in Sub-Item (9)(a) of this Rule have been met. Requests for appeals of decisions
made by the Commission shall be made to the Office of Administrative Hearings. The following
actions shall be taken depending on the Commission's decision on the major variance request:
(i) Upon the Commission's approval, the Division or the delegated local authority shall
issue a final decision granting the major variance.
(ii) Upon the Commission's approval with conditions or stipulations, the Division or the
delegated local authority shall issue a final decision, which includes these conditions or
stipulations.
(iii) Upon the Commission's denial, the Division or the delegated local authority shall issue a
final decision denying the major variance.
(10) MITIGATION. Persons who wish to undertake uses designated as allowable with mitigation shall meet the
following requirements in order to proceed with their proposed use.
(a) Obtain a determination of "no practical alternatives" to the proposed use pursuant to Item (8) of
this Rule.
(b) Obtain approval for a mitigation proposal pursuant to 15A NCAC 02B .0242.
(11) REQUIREMENTS SPECIFIC TO FOREST HARVESTING. The following requirements shall apply for
forest harvesting operations and practices.
(a) The following measures shall apply in the entire riparian buffer:
(i) Logging decks and sawmill sites shall not be placed in the riparian buffer.
(ii) Access roads and skid trails shall be prohibited except for temporary and permanent
stream crossings established in accordance with 15A NCAC 01I .0203. Temporary
stream crossings shall be permanently stabilized after any site disturbing activity is
completed.
(iii) Timber felling shall be directed away from the stream or water body.
(iv) 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.
(v) Individual trees may be treated to maintain or improve their health, form or vigor.
(vi) Harvesting of dead or infected trees or application of pesticides necessary to prevent or
control extensive tree pest and disease infestation shall be allowed. These practices must
be approved by the Division of Forest Resources for a specific site. The Division of
Forest Resources must notify the Division of all approvals.
(vii) Removal of individual trees that are in danger of causing damage to structures or human
life shall be allowed.
(viii) Natural regeneration of forest vegetation and planting of trees, shrubs, or ground cover
plants to enhance the riparian buffer shall be allowed provided that soil disturbance is
minimized. Plantings shall consist primarily of native species.
(ix) High intensity prescribed burns shall not be allowed.
(x) Application of fertilizer shall not be allowed except as necessary for permanent
stabilization. Broadcast application of fertilizer or herbicides to the adjacent forest stand
shall be conducted so that the chemicals are not applied directly to or allowed to drift
into the riparian buffer.
(b) In Zone 1, forest vegetation shall be protected and maintained. Selective harvest as provided for
below is allowed on forest lands that have a deferment for use value under forestry in accordance
with G.S. 105-277.2 through G.S. 277.6 or on forest lands that have a forest management plan
prepared or approved by a registered professional forester. Copies of either the approval of the
deferment for use value under forestry or the forest management plan shall be produced upon
request. For such forest lands, selective harvest is allowed in accordance with the following:
(i) Tracked or wheeled vehicles are not permitted except at stream crossings designed,
constructed and maintained in accordance with 15A NCAC 01I .0203.
(ii) Soil disturbing site preparation activities are not allowed.
(iii) Trees shall be removed with the minimum disturbance to the soil and residual
vegetation.
(iv) The following provisions for selective harvesting shall be met:
(A) The first 10 feet of Zone 1 directly adjacent to the stream or waterbody shall be
undisturbed except for the removal of individual high value trees as defined
provided that no trees with exposed primary roots visible in the streambank be
cut.
(B) In the outer 20 feet of Zone 1, a maximum of 50 percent of the trees greater
than five inches dbh may be cut and removed. The reentry time for harvest
shall be no more frequent than every 15 years, except on forest plantations
where the reentry time shall be no more frequent than every five years. In
either case, the trees remaining after harvest shall be as evenly spaced as
possible.
(C) In Zone 2, harvesting and regeneration of the forest stand shall be allowed
provided that sufficient ground cover is maintained to provide for diffusion and
infiltration of surface runoff.
(12) REQUIREMENTS SPECIFIC TO LOCAL GOVERNMENTS WITH STORMWATER PROGRAMS
FOR NITROGEN CONTROL. Local governments that are required to have local stormwater programs
pursuant to 15A NCAC 02B .0235 shall have two options for ensuring protection of riparian buffers on
new developments within their jurisdictions as follows.
(a) Obtain authority to implement a local riparian buffer protection program pursuant to 15A NCAC
02B .0241.
(b) Refrain from issuing local approvals for new development projects unless either:
(i) The person requesting the approval does not propose to impact the riparian buffer of a
surface water that appears on either the most recent versions of the soil survey maps
prepared by the Natural Resources Conservation Service of the United States
Department of Agriculture or the most recent versions of the 1:24,000 scale (7.5 minute
quadrangle) topographic maps prepared by the United States Geologic Survey (USGS).
(ii) The person requesting the approval proposes to impact the riparian buffer of a surface
water that appears on the maps described in Sub-Item (12)(b)(i) of this Rule and either:
(A) Has received an on-site determination from the Division pursuant to Sub-Item
(3)(a) of this Rule that surface waters are not present;
(B) Has received an Authorization Certificate from the Division pursuant to Item
(8) of this Rule for uses designated as Allowable under this Rule;
(C) Has received an Authorization Certificate from the Division pursuant to Item
(8) of this Rule and obtained the Division's approval on a mitigation plan
pursuant to Item (10) of this Rule for uses designated as Allowable with
Mitigation under this Rule; or
(D) Has received a variance from the Commission pursuant to Item (9) of this Rule.
(13) OTHER LAWS, REGULATIONS AND PERMITS. In all cases, compliance with this Rule does not
preclude the requirement to comply with all federal, state and local regulations and laws.

History Note: Authority G.S. 143-214.1; 143-214.7; 143-215.3(a)(1); S.L. 1995, c. 572;
Temporary Adoption Eff. July 22, 1997;
Temporary Adoption Eff. June 22, 1999; April 22, 1998; January 22, 1998;
Eff. August 1, 2000.

15A NCAC 02B .0234 NEUSE RIVER BASIN - NUTRIENT SENSITIVE WATERS MANAGEMENT
STRATEGY: WASTEWATER DISCHARGE REQUIREMENTS
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 the water quality in the Neuse River
Estuary and protect its designated uses.
(2) Applicability. This Rule applies to all wastewater treatment facilities in the Neuse River Basin that receive
nitrogen-bearing wastewater and are required to obtain individual NPDES permits.
(3) Definitions. For the purposes of this Rule, the following definitions apply:
(a) In regard to point source dischargers, treatment facilities, wastewater flows or discharges, or like
matters:
(i) "Existing" means that which obtained a NPDES permit on or before December 31, 1995.
(ii) "Expanding" means that which increases beyond its permitted flow as defined in this
Rule.
(iii) "New" means that which had not obtained a NPDES permit on or before December 31,
1995.
(b) "MGD" means million gallons per day.
(c) "Nitrogen wasteload allocation" is that portion of the Neuse River nitrogen TMDL assigned to
individually permitted wastewater facilities in the basin and represents the maximum allowable
load of total nitrogen to the estuary from these point source dischargers.
(d) "Nitrogen estuary allocation" or "estuary allocation" means the mass loading of total nitrogen at
the estuary that is reserved for a discharger or group of dischargers. A discharger's or group's
estuary allocation is equivalent to its discharge allocation multiplied by its assigned transport
factor.
(e) "Nitrogen discharge allocation" or "discharge allocation" means the mass loading of total nitrogen
at the point(s) of discharge that is reserved for a discharger or group of dischargers. A discharger's
or group's discharge allocation is equivalent to its estuary allocation divided by its assigned
transport factor.
(f) "Nitrogen TMDL," or "TMDL," means the total nitrogen load to the Neuse River estuary that is
predicted to maintain adequate water quality to support all designated uses in the estuary and is
approved by the United States Environmental Protection Agency in accordance with the federal
Clean Water Act.
(g) "Nonpoint source load allocation" is that portion of the Neuse River nitrogen TMDL assigned to
all other nitrogen sources in the basin other than individually permitted wastewater facilities and
represents the maximum allowable load of total nitrogen to the estuary from these nonpoint
sources.
(h) "Permitted flow" means the maximum monthly average flow authorized in a facility’s NPDES
permit as of December 31, 1995, with the following exceptions:

Facility Name NPDES No. Permitted Flow (MGD)
Benson NC0020389 3.00
Goldsboro NC0023949 16.80
Kenly NC0064891 0.63
Snow Hill NC0020842 0.50
Wilson NC0023906 14.00

(i) "Total nitrogen" means the sum of the organic, nitrate, nitrite, and ammonia forms of nitrogen.
(j) "Transport factor" is the fraction of the total nitrogen in a discharge that is predicted to reach the
estuary.
(4) This Item specifies the nitrogen wasteload allocation for point sources.
(a) Beginning with the calendar year 2003, the nitrogen wasteload allocation for point sources shall
not exceed 1.64 million pounds per calendar year plus any portion of the nonpoint source load
allocation purchased in accordance with the provisions in Items (7) and (8) of this Rule and 15A
NCAC 02B .0240.
(b) The Commission shall order future revisions in the nitrogen wasteload allocation whenever
necessary to ensure that water quality in the estuary meets all standards in 15A NCAC 02B .0200
or to conform with applicable state or federal requirements.
(5) This Item specifies nitrogen discharge allocations for point sources.
(a) Upon adoption of this Rule and until revised as provided elsewhere in this Rule, the following
group and individual discharge allocations for total nitrogen shall apply in order to comply with
the nitrogen wasteload allocation for point sources in Item (4) of this Rule:
(i) Dischargers with permitted flows less than 0.5 MGD shall be assigned collectively an
annual discharge allocation of 138,000 pounds of total nitrogen.
(ii) Dischargers upstream of Falls Lake Dam and with permitted flows greater than or equal
to 0.5 MGD shall be assigned collectively an annual discharge allocation of 443,700
pounds of total nitrogen.
(iii) Municipal dischargers downstream of Falls Lake Dam and with permitted flows greater
than or equal to 0.5 MGD shall be assigned collectively an annual discharge allocation
of 2,021,400 pounds of total nitrogen.
(iv) Industrial dischargers downstream of Falls Lake Dam and with permitted flows greater
than or equal to 0.5 MGD shall be assigned collectively an annual discharge allocation
of 396,900 pounds of total nitrogen.
(v) Within each group in Sub-Items (i) - (iv) of this Item, each individual discharger shall be
assigned an individual discharge allocation and the equivalent estuary allocation. Each
discharger's discharge allocation shall be calculated as its permitted flow divided by the
total permitted flow of the group, multiplied by the group discharge allocation.
(b) In the event that the nitrogen wasteload allocation for point sources is revised, as provided in Item
(4) of this Rule, the Commission shall apportion the revised load among the existing facilities and
shall revise discharge allocations as needed. The Commission may consider such factors as:
(i) fate and transport of nitrogen in the river basin;
(ii) technical feasibility and economic reasonableness of source reduction and treatment
methods;
(iii) economies of scale;
(iv) nitrogen control measures already implemented;
(v) probable need for growth and expansion;
(vi) incentives for responsible planning, utilities management, resource protection, and
cooperative efforts among dischargers; and
(vii) other factors the Commission deems relevant.
(6) This Item specifies nutrient controls for existing facilities.
(a) Beginning with calendar year 2003, each discharger with a permitted flow equal to or greater than
0.5 MGD shall be subject to a total nitrogen permit limit equal to its individual discharge
allocation, pursuant to Item (5) of this Rule.
(b) Effective January 1, 2003, dischargers shall be subject to the following limits for total
phosphorus:
(i) All existing facilities above Falls Lake Dam with permitted flows greater than or equal
to 0.05 MGD shall meet a quarterly average total phosphorus limit of 2 mg/L.
(ii) All existing facilities below Falls Lake Dam with permitted flows greater than or equal
to 0.5 MGD shall meet a quarterly average total phosphorus limit of 2 mg/L.
(c) The director shall establish more stringent limits for nitrogen or phosphorus upon finding that
such limits are necessary to protect water quality standards in localized areas.
(7) This Item specifies nutrient controls for new facilities.
(a) New facilities proposing to discharge wastewater shall evaluate all practical alternatives to surface
water discharge, pursuant to 15A NCAC 02H .0105(c)(2), prior to submitting an application to
discharge.
(b) New facilities submitting an application shall make every reasonable effort to obtain estuary
allocation for the proposed wastewater discharge from existing dischargers. If estuary allocation
cannot be obtained from the existing facilities, new facilities may purchase a portion of the
nonpoint source load allocation for a period of 30 years at a rate of 200 percent of the cost as set
in 15A NCAC 02B .0240 to implement practices designed to offset the loading created by the new
facility. Payment for each 30-year portion of the nonpoint source load allocation shall be made
prior to the ensuing permit issuance.
(c) No application for a new discharge shall be made or accepted without written documentation
demonstrating that the requirements of Sub-Items (a) and (b) of this Item have been met.
(d) The nitrogen discharge allocation for a new facility treating municipal or domestic wastewaters
shall not exceed the mass equivalent to a concentration of 3.5 mg/L at the maximum monthly
average flow limit in the facility's NPDES permit.
(e) The nitrogen discharge allocation for a new facility treating industrial wastewaters shall not
exceed the mass equivalent of either the best available technology economically achievable or a
discharge concentration of 3.2 mg/L at the maximum monthly average flow limit in the facility's
NPDES permit, whichever is less.
(f) New dischargers must meet a monthly average total phosphorous limit of 1 mg/L.
(g) The director shall establish more stringent limits for nitrogen or phosphorus upon finding that
such limits are necessary to protect water quality standards in localized areas.
(8) This Item specifies nutrient controls for expanding facilities.
(a) Expanding facilities shall evaluate all practical alternatives to surface water discharge, pursuant to
15A NCAC 02H .0105(c)(2), prior to submitting an application to discharge.
(b) Facilities submitting an application for increased discharge shall make every reasonable effort to
minimize increases in their nitrogen discharges, such as reducing sources of nitrogen to the
facility or increasing the nitrogen treatment capacity of the facility; or to obtain estuary allocation
from existing dischargers.
(c) No application for an expanding facility shall be made or accepted without written documentation
demonstrating that the requirements of Sub-Items (a) and (b) of this Item have been met.
(d) If these measures do not produce adequate estuary allocation for the expanded flows, facilities
may purchase a portion of the nonpoint source load allocation for a period of 30 years at a rate of
200 percent of the cost as set in 15A NCAC 02B .0240 to implement practices designed to offset
the loading created by the new facility. Payment for each 30-year portion of the nonpoint source
load allocation shall be made prior to the ensuing permit issuance.
(e) The nitrogen discharge allocation for an expanded facility treating municipal or domestic
wastewaters shall not exceed the mass equivalent to a concentration of 3.5 mg/L at the maximum
monthly average flow limit in the NPDES permit, or its existing allocation, whichever is greater.
(f) The nitrogen discharge allocation for expanding facilities of an industrial nature shall not exceed
the mass equivalent to the best available technology economically achievable or a concentration
of 3.2 mg/L at the maximum monthly average flow limit in the facility's modified NPDES permit,
whichever is less. If the resulting mass is less than the facility's existing discharge allocation, the
existing discharge allocation shall not be reduced.
(g) Expanding facilities must meet a monthly average total phosphorous limit of 1 mg/L unless they
are a member in good standing of a group compliance association described in Item (9) of this
Rule, in which case they must meet a quarterly average total phosphorus limit of 2 mg/L.
(h) The director shall establish more stringent limits for nitrogen or phosphorus upon finding that
such limits are necessary to protect water quality standards in localized areas.
(9) This Item describes the option for dischargers to join a group compliance association to collectively meet
nutrient load allocations.
(a) Any or all facilities within the basin may form a group compliance association to meet nitrogen
estuary allocations collectively. Any such association must apply for and shall be subject to an
NPDES permit that establishes the effective total nitrogen allocations for the association and for
its members. More than one group compliance association may be established. No facility may
belong to more than one association at a time.
(b) No later than 180 days prior to expiration of the association NPDES permit, the association and
its members shall submit an application for a NPDES permit for the discharge of total nitrogen to
the surface waters of the Neuse River Basin. The NPDES permit shall be issued to the association
and its members as co-permittees ("association NPDES permit"). It shall contain the association’s
estuary allocation and individual estuary allocations for each of the members.
(c) An association's estuary allocation of total nitrogen shall be the sum of its members' individual
estuary allocations plus any other estuary allocation obtained by the association or its members.
(d) An association may reapportion the individual estuary allocations of its members on an annual
basis. The association NPDES permit shall be modified to reflect the revised individual estuary
allocations.
(e) Beginning in calendar year 2003, if an association does not meet its estuary allocation, it shall
make offset payments for nonpoint source controls no later than May 1 of the following year at
the rate set in 15A NCAC 02B .0240.
(f) Association members shall be exempted from the permit limits for total nitrogen contained in their
individually issued NPDES permits so long as they remain members in an association.
Association members shall be exempted from their individual estuary allocations in the
association NPDES permit as long as the association is in compliance with its estuary allocation.
If the association fails to meet its estuary allocation, the association and the members that have
failed to meet their individual estuary allocations in the association NPDES permit will be out of
compliance with the association NPDES permit.
(10) Regional Facilities. In the event that an existing discharger or group of dischargers accepts wastewater
from another NPDES-permitted treatment facility in the Neuse River Basin and that acceptance results in
the elimination of the discharge from the treatment facility, the eliminated facility's total nitrogen estuary
allocation shall be transferred and added to the accepting discharger's estuary allocation.

History Note: Authority G.S. 143-214.1; 143-215; 143-215.1; 143-215.3(a) (1); S.L. 1995, c. 572;
Temporary Adoption Eff. January 22, 1998;
Eff. August 1, 1998;
Temporary Amendment Eff. March 15, 2000;
Temporary Amendment Expired on December 10, 2000;
Amended Eff. April 1, 2003.

15A NCAC 02B .0235 NEUSE RIVER BASIN-NUTRIENT SENSITIVE WATERS MANAGEMENT
STRATEGY: BASINWIDE STORMWATER REQUIREMENTS
The following is the urban stormwater management strategy for the Neuse River Basin:
(1) The following local governments are designated, based on population and other factors, as parties
responsible for implementing stormwater management requirements as part of the Neuse River Nutrient
Sensitive Waters stormwater management strategy:
(a) Cary,
(b) Durham,
(c) Garner,
(d) Goldsboro,
(e) Havelock,
(f) Kinston,
(g) New Bern,
(h) Raleigh,
(i) Smithfield,
(j) Wilson,
(k) Durham County,
(l) Johnston County,
(m) Orange County,
(n) Wake County, and
(o) Wayne County.
(2) Other incorporated areas and other counties, not listed under Item (1) of this Rule, may seek to implement
their own local stormwater management plan by complying with the requirements specified in Items (5) and
(6) of this Rule.
(3) The Environmental Management Commission may designate additional local governments by amending
this Rule based on their potential to contribute significant nutrient loads to the Neuse River. At a minimum,
the Commission shall review the need for additional designations to the stormwater management program
as part of the basinwide planning process for the Neuse River Basin. Any local governments that are
designated at a later date under the Neuse Nutrient Sensitive Waters Stormwater Program shall meet the
requirements under Items (5) and (6) of this Rule.
(4) Local stormwater programs shall address nitrogen reductions for both existing and new development and
include the following elements:
(a) Review and approval of stormwater management plans for new developments to ensure that:
(i) the nitrogen load contributed by new development activities is held at 70 percent of the
average nitrogen load contributed by the 1995 land uses of the non-urban areas of the
Neuse River Basin. The local governments shall use a nitrogen export standard of 3.6
pounds/acre/year, determined by the Environmental Management Commission as 70
percent of the average collective nitrogen load for the 1995 non-urban land uses in the
basin above New Bern. The EMC may periodically update the design standard based on
the availability of new scientific information. Developers shall have the option of
offsetting part of their nitrogen load by funding offsite management measures by making
payment to the NC Ecosystem Enhancement Program or to another seller of offset
credits approved by the Division or may implement other offset measures contingent
upon approval by the Division. Offset payments shall meet the requirements of Rule
.0240 of this Section, which establishes procedural requirements for nutrient offset
payments. However, before using offset payments, the development must attain, at a
minimum, a nitrogen export that does not exceed 6 pounds/acre/year for residential
development and 10 pounds/acre/year for commercial or industrial development;
(ii) For the following local governments and any additional local governments identified in
rule by the Commission, the post-construction requirements of 15 NCAC 02B .0277
shall supersede the requirements in this Sub-item for areas within their jurisdiction
within the watershed of the Falls of the Neuse Reservoir: Durham, Raleigh, Durham
County, Orange County, and Wake County; and
(iii) there is no net increase in peak flow leaving the site from the predevelopment conditions
for the 1-year, 24-hour storm.
(b) Review of new development plans for compliance with requirements for protecting and
maintaining existing riparian areas as specified in 15A NCAC 02B .0233;
(c) Implementation of public education programs;
(d) Identification and removal of illegal discharges;
(e) Identification of suitable locations for potential stormwater retrofits (such as riparian areas) that
could be funded by various sources; and
(f) Submittal of an annual report on October 30 to the Division documenting progress on and net
changes to nitrogen load from the local government's planning jurisdiction.
(5) Local governments shall implement stormwater management programs according to their plans approved
by the Commission as of March 2001. Local governments administering a stormwater management
program shall submit annual reports to the Division documenting their progress and net changes to nitrogen
load by October 30 of each year.
(6) If a local government fails to properly implement an approved plan, then stormwater management
requirements for existing and new urban areas within its jurisdiction shall be administered through the
NPDES municipal stormwater permitting program per 15A NCAC 02H .0126:
(a) Subject local governments shall develop and implement comprehensive stormwater management
programs, tailored toward nitrogen reduction, for both existing and new development.
(b) These stormwater management programs shall provide all components that are required of local
government stormwater programs in Sub-items (4)(a) through (f) of this Rule.
(c) Local governments that are subject to an NPDES permit shall be covered by the permit for at least
one permitting cycle (five years) before they are eligible to submit a local stormwater
management program for consideration and approval by the EMC.

History Note: Authority G.S. 143-214.1; 143-214.7; 143-215.1; 143-215.3(a)(1); S.L. 1995, c. 572;
Eff. August 1, 1998;
Amended Eff. January 15, 2011 (this permanent rule replaces the temporary rule approved by the RRC on
December 16, 2010).

15A NCAC 02B .0236 NEUSE RIVER BASIN-NUTRIENT SENSITIVE WATERS MANAGEMENT STRATEGY:
AGRICULTURAL NITROGEN LOADING REDUCTION
All persons engaging in agricultural operations in the Neuse River Basin, including those related to crops, livestock, and
poultry, shall collectively achieve and maintain a 30 percent net total nitrogen loading reduction from the cumulative average
1991-1995 nitrogen loadings. In addition to requirements set forth in general permits for animal operations issued pursuant to
G.S. 143-215.10C, these Rules apply to all livestock and poultry operations, regardless of size, in the Neuse River Basin. A
management strategy to achieve this reduction is specified in Rule .0238 of this Rule.

History Note: Authority G.S. 143.214.1; 143.214.7; 143.215.3(a)(1).
Eff. August 1, 1998.

15A NCAC 02B .0237 BEST MANAGEMENT PRACTICE COST-EFFECTIVENESS RATE
The Best Management Practice cost-effectiveness rate (BMPc) represents the cost to achieve a reduction of one kilogram of
total nitrogen through the use of BMPs. This rate shall be used for determining cost of nutrient controls and shall be twenty-
nine dollars per kilogram ($29/kg).

History Note: Authority G.S. 143-214.1;
Eff. April 1, 1997.

15A NCAC 02B .0238 NEUSE RIVER BASIN-NUTRIENT SENSITIVE WATERS MANAGEMENT STRATEGY:
AGRICULTURAL NITROGEN REDUCTION STRATEGY
The following requirements apply to all persons in the Neuse River Basin who engage in agricultural operations. Agricultural
operations are activities which relate to the production of crops, livestock, and poultry.
(1) All persons engaging in agricultural operations in the Neuse River Basin shall collectively achieve and
maintain a 30 percent net total nitrogen loading reduction from the cumulative average 1991-1995 nitrogen
loadings within five years from the effective date of this Rule. Persons subject to this Rule are provided
with two options for meeting the requirements of this Rule. The first option is to sign-up for and participate
in implementing a collective local strategy for agricultural nitrogen reduction as described in Item (7) of
this Rule. This option allows site-specific plans to be developed for those operations where further
nitrogen reduction practices are necessary to achieve the collective reduction goal. The second option
requires the implementation of standard Best Management Practices as specified in Item (8) of this Rule.
Failure to meet requirements of this Rule may result in imposition of enforcement measures as authorized
by G.S. 143-215.6A (civil penalties), G.S. 143-215.6B (criminal penalties), and G.S. 143-215.6C
(injunctive relief).
(2) Formation and membership of the Basin Oversight Committee. The Environmental Management
Commission shall delegate to the Secretary of the Department of Environment and Natural Resources the
responsibility of forming a Basin Oversight Committee.
(a) The Secretary shall solicit one nomination for membership on this Committee from each of the
following agencies:
(i) Division of Soil and Water Conservation,
(ii) United States Department of Agriculture- Natural Resources Conservation Service,
(iii) North Carolina Department of Agriculture,
(iv) North Carolina Cooperative Extension Service, and
(v) Division of Water Quality.
(b) The Secretary shall also solicit one nomination that represents environmental interests, one
nomination that represents agricultural interests, and one from the scientific community with
experience related to water quality problems in the Neuse River Basin.
(c) The Secretary, Department of Environment and Natural Resources, shall appoint members of the
Basin Oversight Committee from the nominees provided in Sub-Items (2)(a) and (2)(b) of this
Rule. Members shall be appointed for a term not to exceed five years and shall serve at the
pleasure of the Secretary. The United States Department of Agriculture-Natural Resources
Conservation Service member shall serve in an "ex-officio" non-voting capacity and shall function
as a technical program advisor to the Committee.
(3) Role of the Basin Oversight Committee. The Environmental Management Commission shall delegate the
following responsibilities to the Basin Oversight Committee.
(a) Develop a tracking and accounting methodology, as described below, for evaluating total nitrogen
loading from agricultural operations and progress toward reaching the total nitrogen net loading
reduction from the implementation BMPs within the Neuse River Basin. The accountability
methodology must demonstrate how the nitrogen loading reduction can be met collectively by
implementing best management practices approved by the Soil and Water Conservation
Commission that include, but are not limited to, water control structures, riparian area
establishment, and nutrient management.
(b) Submit a draft accountability process in accordance with the requirements in Sub-Items (3)(a) and
(3)(c) of this Rule to the Environmental Management Commission for review within six months
after the effective date of the rule and the final accountability process to the Environmental
Management Commission for approval within one year after the effective date of the rule. The
Environmental Management Commission shall approve the accountability process if it meets
requirements in Sub-Items (3)(a) and (3)(c) of this Rule. If the Basin Oversight Committee fails
to submit an approvable accountability process to the Environmental Management Commission,
then the Environmental Management Commission may accept alternative accountability process
proposals within 15 months of the effective date of this Rule. If the Environmental Management
Commission fails to receive an approvable accountability process, then the Environmental
Management Commission may require all agricultural operations to follow the standard Best
Management Practices option as specified in Item (8) of this Rule.
(c) Include in the accountability process a method to accurately track implementation of BMPs,
including location and type of BMPs; to estimate nitrogen reductions from BMP implementation;
to quantify increases or decreases in nitrogen loading due to changes in land use, modified
agricultural activity, or atmospheric nitrogen loading, based on the best available scientific
information; to ensure operation and maintenance of BMPs, including year round management for
water control structures; to address life expectancy of BMPs; and a method to ensure maintenance
of the nitrogen net loading reduction after the initial five years of this Rule, including substitute
BMPs to replace expired practices and additional BMPs to offset new sources of nitrogen.
(d) Calculate a separate total nitrogen loading for agricultural lands in the Neuse River Basin above
and below New Bern based on the average of 1991-1995 conditions. Based on this loading,
calculate a separate 30 percent net reduction. Loading calculations must include atmospheric
emissions and deposition of nitrogen from agricultural lands based on the best available scientific
information. Allocate to counties or watersheds, as allowed in Sub-Item (4)(a) of this Rule, within
the Neuse River Basin their portion of the calculated nitrogen loading reduction from agricultural
operations, including any division of the reduction between specific categories of agricultural
operations. Each county or watershed may not have to reduce individually its nitrogen loading by
30 percent; however, the nitrogen loading reduction from all counties or watershed above New
Bern shall collectively meet their total nitrogen reduction and all counties or watersheds below
New Bern shall collectively meet their total nitrogen reduction. If the Basin Oversight Committee
fails to allocate the nitrogen loading reductions from agricultural operations to counties or
watersheds within the Neuse River Basin, the Environmental Management Commission may
assign the agricultural nitrogen reductions based on the approved accountability process as
described in Sub-Items (3)(a) and (3)(c) of this Rule.
(e) Review, approve and summarize county nitrogen reduction strategies and present these strategies
to the Environmental Management Commission for approval within two years from the effective
date of this Rule.
(f) Review, approve and summarize local nitrogen reduction annual reports and present these reports
to the Environmental Management Commission each October. Information to be included in the
Annual Report is described in Item (5)(d) of this Rule.
(4) Formation and membership of the Local Advisory Committees. The Environmental Management
Commission shall delegate to the Directors of the Division of Water Quality and Division of Soil and
Water Conservation the responsibility of forming Local Advisory Committees.
(a) The Directors shall form Local Advisory Committees in each county (or watershed specified by
the Basin Oversight Committee) within the Neuse River Basin. The Directors shall solicit
nominations for membership on the Local Advisory Committee from each of the following local
agencies:
(i) Soil and Water Conservation District,
(ii) United States Department of Agriculture- Natural Resources Conservation Service,
(iii) North Carolina Department of Agriculture,
(iv) North Carolina Cooperative Extension Service,
(v) North Carolina Division of Soil and Water Conservation, and
(vi) The Directors shall also solicit at least two nominations that represents a local farmer in
the county watershed.
The Soil and Water Conservation District may be designated by the Basin Oversight Committee
as the lead agency on the Local Advisory Committee.
(b) The Environmental Management Commission and Soil and Water Conservation Commission shall
appoint members of Local Advisory Committee from the nominees provided in Sub-Item (4)(a) of
this Rule and shall be appointed for a term not to exceed five years and shall serve at the pleasure
of the Commissions.
(5) Role of the Local Advisory Committees. The Environmental Management Commission shall delegate the
following responsibilities to employees of the Department who are members of the Local Advisory
Committees and employees of the Division of Soil and Water Conservation or its designee. These
employees shall act with advice from the Local Advisory Committees.
(a) Conduct a sign-up process for persons wishing to voluntarily implement the local nitrogen
reduction strategy as specified in Item (7) of this Rule. This sign-up process shall be completed
within one year following the effective date of this Rule.
(b) Develop local nitrogen reduction strategies that meet the nitrogen loading reduction goal for
agricultural operations assigned by the Basin Oversight Committee. The local strategies shall be
designed to achieve the required nitrogen loading reduction within five years from the effective
date of this Rule. A matrix of best management practice options, which account for stream order,
floodplain width, and regional variations in soil types and topography, may be used in developing
the local nitrogen reduction strategies. Local nitrogen reduction strategies must specify the name
and location of participant agricultural farming operations, BMPs which will be required as part
of the plan, estimated nitrogen reduction, schedule for BMP implementation, and operation and
maintenance requirements. If the Local Advisory Committee fails to develop the local nitrogen
reduction strategy, the Environmental Management Commission may develop the strategy based
on the tracking and accounting method approved by the Environmental Management Commission.
(c) Submit an annual report to the Basin Oversight Committee each May on net total nitrogen loading
reductions from agricultural operations, the implementation of BMPs for nitrogen control, and
progress towards the total nitrogen loading reduction requirements in the Neuse River Basin
above and below New Bern.
(d) Include in the annual report, at a minimum, documentation on the BMPs implemented (including
type and location), their costs, documentation of any expired contracts for BMPs, estimated
nitrogen net loading reductions achieved as a result of those BMPs, any increases or decreases in
nitrogen loading resulting from changes in land use or modified agricultural-related activity,
discussion of operation and maintenance of BMPs, and a summary of the estimated load from
agricultural operations for the previous year, and any modifications to the accounting
methodology. Information shall be provided in the annual report on the status of BMP
implementation and estimated total nitrogen reduction by all agricultural operations within the
Neuse River Basin in each county or watershed. The annual report shall also be summarized
separately for cropland, livestock and poultry activities.
(6) Options for meeting the collective total nitrogen net loading reduction requirement. Each agricultural
operation in the Neuse River Basin shall have two options for meeting the requirements of this Rule. The
options are to either implement a local nitrogen reduction strategy, specified by Item (7) of this Rule, or
implement standard Best Management Practices specified by Item (8) of this Rule.
(7) Local nitrogen reduction strategy option. All persons subject to this Rule that choose to implement the
county nitrogen reduction plan must complete the sign-up process that will be conducted per the
requirements of Item (5)(a) of this Rule. This sign-up process will be completed within one year from the
effective date of this Rule. If a person subject to this Rule does not complete the sign-up process, he shall
be subject to implementation of Best Management Practices as specified in Item (8) of this Rule. Persons
who choose to participate in the local nitrogen reduction strategy must commit and implement their portion
of the plan within five years of the effective date of this Rule. A person may withdraw from the local
nutrient reduction strategy up until the time that the local strategy is finalized by the Local Advisory
Committee and the person signs the specific plan for his property, which represents his commitment to
implement the plan within five years of the effective date of the rules. After a person has made the
commitment to implement the local strategy by signing the plan for his property, then such persons may not
withdraw from the local nitrogen reduction strategy during the initial five-year period. The local nitrogen
reduction strategy is not required to be more stringent than the standard best management practice option
provided that the net nitrogen reduction goals are met collectively; however, the Local Advisory
Committees may develop strategies that achieve reductions of greater than 30 percent.
(8) Standard best management practice option. If a person subject to this Rule does not complete the sign-up
process for implementation of the local nitrogen reduction strategy, then he shall implement the following
best management practices within four years following the effective date of this Rule.
(a) A forested riparian area, as described in Sub-Item (8)(a)(i)-(ii) of this Rule, is required on all sides
of surface waters in the Neuse River Basin (intermittent streams, perennial streams, lakes, ponds
and estuaries) as indicated on the most recent versions of U.S.G.S. 1:24,000 scale (7.5 minute
quadrangle) topographic maps or other site-specific evidence. Design and installation of the
forested riparian area shall be such that, to the maximum extent possible, sheet flow of surface
water is achieved. Any activities that would result in water quality standard violations or disrupt
the structural or functional integrity of the forested riparian area are prohibited. The protected
riparian area shall have two zones as follows:
(i) Zone 1 shall be undisturbed forest. Zone 1 begins at the top of bank for intermittent
streams and perennial streams without tributaries and extends landward a distance of 30
feet on each side of the waterbody, measured horizontally on a line perpendicular to the
waterbody. For all other waterbodies, Zone 1 begins at the top of bank or the mean high
water line and extends landward a distance of 30 feet, measured horizontally on a line
perpendicular to the waterbody. Forest vegetation of any width that exists in Zone 1 as
of July 22, 1997 must be preserved and maintained in accordance with Sub-Items
(8)(a)(i)(A)-(E) of this Rule. The application of fertilizer in Zone 1 is prohibited. The
following practices and activities are allowed in Zone 1:
(A) Natural regeneration of forest vegetation and planting vegetation to enhance the
riparian area if disturbance is minimized, provided that any plantings shall
primarily consist of locally native trees and shrubs;
(B) Selective cutting of individual trees of high value in the outer 20 feet of Zone 1,
provided that the basal area of this outer 20-foot wide area remains at or above
75 square feet per acre and is computed according to the following method.
Basal area of this outer 20-foot wide area shall be computed every 100 feet
along the stream to ensure even distribution of forest vegetation and shall be
based on all trees measured at 4.5 feet from ground level. No tracked or
wheeled equipment is allowed in Zone 1 except at stream crossings which are
designed, constructed and maintained in accordance with Forest Practice
Guidelines Related to Water Quality (15A NCAC 1J .0201 - .0209);
(C) Horticulture or silvicultural practices to maintain the health of individual trees;
(D) Removal of individual trees which are in danger of causing damage to
dwellings, other structures, or the stream channel; and
(E) Removal of dead trees and other timber cutting techniques necessary to prevent
extensive pest or disease infestation if recommended by the Director, Division
of Forest Resources and approved by the Director, Division of Water Quality.
(ii) Zone 2: begins at the outer edge of Zone 1 and extends landward a minimum of 20 feet
as measured horizontally on a line perpendicular to the waterbody. The combined
minimum width of Zones 1 and 2 shall be 50 feet on all sides of the waterbody.
Vegetation in Zone 2 shall consist of a dense ground cover composed of herbaceous or
woody species which provides for diffusion and infiltration of runoff and filtering of
pollutants. The following practices and activities are allowed in Zone 2 in addition to
those allowed in Zone 1: Periodic mowing and removal of plant products such as
timber, nuts, and fruit is allowed on a periodic basis provided the intended purpose of
the riparian area is not compromised by harvesting, disturbance, or loss of forest or
herbaceous ground cover. Forest vegetation in Zone 2 may be managed to minimize
shading on adjacent land outside the riparian area if the water quality function of the
riparian area is not compromised.
(iii) The following practices and activities are not allowed in Zone 1 and Zone 2:
(A) Land disturbing activities and placement of fill and other materials, other than
those allowed in Items (8)(a)(i) and (8)(b) of this Rule;
(B) New development;
(C) New on-site sanitary sewage systems which use ground absorptions;
(D) Any activity that threatens the health and function of the vegetation including,
but not limited to, application of fertilizer or chemicals in amounts exceeding
the manufacturer’s recommended rate, uncontrolled sediment sources on
adjacent lands, and the creation of any areas with bare soil.
(iv) Timber removal and skidding of trees in the riparian area shall be directed away from
the water course or water body. Skidding shall be done in a manner to prevent creation
of ephemeral channels perpendicular to the water body. Any tree removal must be
performed in a manner that does not compromise the intended purpose of the riparian
area and is in accordance with the Forest Practices Guidelines Related to Water Quality
(15A NCAC 1J .0201-.0209).
(b) The following waterbodies and land uses are exempt from the riparian area requirement:
(i) Ditches and manmade conveyances, other than modified natural streams, which under
normal conditions do not receive drainage waters from any tributary ditches, canals, or
streams, unless the ditch or manmade conveyance delivers runoff directly to waters
classified in accordance with 15A NCAC 2B .0100;
(ii) Ditches and manmade conveyances other than modified natural streams which are used
exclusively for drainage of silvicultural land or naturally forested areas. All forest
harvesting operations shall be in compliance with North Carolina’s Forest Practices
Guidelines Related to Water Quality;
(iii) Areas mapped as perennial streams, intermittent streams, lakes, ponds or estuaries on the
most recent versions of United States Geological Survey 1:24,000 scale (7.5 minute
quadrangle) topographic maps where no perennial, intermittent waterbody, or lakes,
ponds or estuaries exists on the ground;
(iv) Ponds and lakes created for animal watering, irrigation, or other agricultural uses that are
not part of a natural drainage way that is classified in accordance with 15A NCAC 2B
.0100;
(v) Water dependent structures as defined in 15A NCAC 2B .0202 provided that they are
located, designed, constructed and maintained to provide maximum nutrient removal, to
have the least adverse effects on aquatic life habitat and to protect water quality;
(vi) The following uses may be allowed where no practical alternative exists. A lack of
practical alternatives may be shown by demonstrating that, considering the potential for
a reduction in size, configuration or density of the proposed activity and all alternative
designs, the basic project purpose cannot be practically accomplished in a manner which
would avoid or result in less adverse impact to surface waters. Also, these structures
shall be located, designed, constructed, and maintained to have minimal disturbance, to
provide maximum nutrient removal and erosion protection, to have the least adverse
effects on aquatic life and habitat, and to protect water quality to the maximum extent
practical through the use of best management practices:
(A) Road crossings, railroad crossings, bridges, airport facilities, and utility
crossings may be allowed if conditions specified in Sub-Item (8)(b)(vi) of this
Rule are met;
(B) Stormwater management facilities and ponds, and utility construction and
maintenance corridors for utilities such as water, sewer or gas, may be allowed
in Zone 2 of the riparian area as long as the conditions specified in Sub-Item
(8)(b)(vi) of this Rule are met and they are located at least 30 feet from the top
of bank or mean high water line. Additional requirements for utility
construction and maintenance corridors are listed in Sub-Item (8)(b)(vi) of this
Rule.
(vii) A corridor for the construction and maintenance of utility lines, such as water, sewer or
gas, (including access roads and stockpiling of materials) may run parallel to the stream
and may be located within Zone 2 of the riparian area, as long as no practical alternative
exists and they are located at least 30 feet from the top of bank or mean high water line
and best management practices are installed to minimize runoff and maximize water
quality protection to the maximum extent practicable. Permanent, maintained access
corridors shall be restricted to the minimum width practicable and shall not exceed 10
feet in width except at manhole locations. A 10 feet by 10 feet perpendicular vehicle
turnaround is allowed provided they are spaced at least 500 feet apart along the riparian
area;
(viii) Stream restoration projects, scientific studies, stream gauging, water wells, passive
recreation facilities such as boardwalks, trails, pathways, historic preservation and
archaeological activities are allowed; provided that they are located in Zone 2 and are at
least 30 feet from the top of bank or mean high water line and are designed, constructed
and maintained to provide the maximum nutrient removal and erosion protection, to
have the least adverse effects on aquatic life and habitat, and to protect water quality to
maximum extent practical through the use of best management practices. Activities that
must cross the stream or be located within Zone 1 are allowed as long as all other
requirements of this Item are met;
(ix) Stream crossings associated with timber harvesting are allowed if performed in
accordance with the Forest Practices Guidelines Related to Water Quality (15A NCAC
1J.0201-.0209); and
(x) In addition to exceptions included in Sub-Item (8)(b)(i)-(ix), canals, ditches, and other
drainage conveyances are exempt from the riparian area requirement if both water
control structures with a water control structure management plan and a nutrient
management plan, are implemented on the adjacent agricultural land according to the
standards and specifications of the USDA - Natural Resources Conservation Service or
the standards and specifications adopted by the NC Soil and Water Conservation
Commission. The water control structures and nutrient management practices must
provide equivalent protection and directly affect the land and waterbodies draining into
the waterbody exempted from the riparian area requirement. To the maximum extent
practical, water control structures shall be managed to maximize nitrogen removal
throughout the year. A technical specialist designated pursuant to rules adopted by the
Soil and Water Conservation Commission must provide written approval that the
nutrient management and water management plans meet the standards and specifications
of the USDA - Natural Resources Conservation Service or the standards and
specifications adopted by the NC Soil and Water Conservation Commission. If the
nutrient management plans and water management plans are not implemented, then a
riparian area pursuant to this Section is required.
(c) The following are modifications to the riparian area requirements.
(i) On agricultural land where either water control structures with a water control structure
management plan, or a nutrient management plan is implemented according to the
standards and specifications of the USDA - Natural Resources Conservation Service or
the standards and specifications adopted by the NC Soil and Water Conservation
Commission, then a 20-ft forested or a 30-ft vegetated buffer is required. The water
control structures or nutrient management practices must provide equivalent protection
and directly affect the land and waterbodies draining into the waterbody with a modified
buffer requirement. To the maximum extent practical, water control structures shall be
managed to maximize nitrogen removal throughout the year. A technical specialist
designated pursuant to rules adopted by the Soil and Water Conservation Commission
must provide written approval that the nutrient management plan meets the standards
and specifications of the USDA - Natural Resources Conservation Service or the
standards and specifications adopted by the NC Soil and Water Conservation
Commission.
(ii) A vegetated riparian area may be substituted for an equivalent width of forested riparian
area within 100 feet of tile drainage.
(iii) Where the riparian area requirements would result in an unavoidable loss of tobacco
allotments [(7 CFR 723.220(c)] and the BMPs of controlled drainage or nutrient
management are not in place, forest cover is required only in the first 20 feet of the
riparian area.
(d) Maintenance of Zones 1 and 2 is required in accordance with this Rule.
(i) Sheet flow must be maintained to the maximum extent practical through dispersing
concentrated flow and re-establishment of vegetation to maintain the effectiveness of the
riparian area.
(ii) Concentrated runoff from new ditches or manmade conveyances must be dispersed into
sheetflow before the runoff enters Zone 2 of the riparian area. Existing ditches and
manmade conveyances, as specified in Sub-Item (8)(b)(ii) of this Rule, are exempt from
this requirement; however, care shall be taken to minimize pollutant loading through
these existing ditches and manmade conveyances from fertilizer application or erosion.
(iii) Periodic corrective action to restore sheet flow shall be taken by the landowner if
necessary to impede the formation of erosion gullies which allow concentrated flow to
bypass treatment in the riparian area.
(e) Periodic maintenance of modified natural streams such as canals is allowed provided that
disturbance is minimized and the structure and function of the riparian area is not compromised.
A grassed travelway is allowed on one side of the waterbody when alternative forms of
maintenance access are not practical. The width and specifications of the travelway shall be only
that needed for equipment access and operation. The travelway shall be located to maximize
stream shading.
(f) Where the standards and management requirements for riparian areas are in conflict with other
laws, regulations, and permits regarding streams, steep slopes, erodible soils, wetlands,
floodplains, forest harvesting, surface mining, land disturbance activities, development in Coastal
Area Management Act Areas of Environmental Concern, or other environmental protection areas,
the more protective shall apply.
(g) The Environmental Management Commission acknowledges that best management practices
under the standard management practice option of this Rule do not fully address nitrogen loading,
including atmospheric emissions and deposition, from animal operations. As information
becomes available on nitrogen loadings from animal operations and best management practices to
control these loadings, other best management practices from animal operations may be required
by the Commission as necessary to achieve equivalent reduction in nitrogen loadings therefrom.
These additional best management practices shall be required if deemed necessary to achieve a
net total nitrogen loading reduction from the animal operations based on average 1991-1995
conditions.

History Note: Authority G.S. 143-214.1; 143-214.7; 143-215.3(a)(1);
Eff. August 1, 1998.

15A NCAC 02B .0239 NEUSE RIVER BASIN: NUTRIENT SENSITIVE WATERS MANAGEMENT
STRATEGY: NUTRIENT MANAGEMENT
The following is the management strategy for nutrient management in the Neuse River Basin:
(1) The following persons shall obtain a certificate, issued within five years of the effective date of this Rule by
the Cooperative Extension Service or the Division of Water Quality, verifying completion of training and
continuing education in nutrient management. Within one year from the effective date of this Rule, the
Division of Water Quality, in cooperation with the Cooperative Extension Service, shall conduct a sign-up
process for persons wishing to take the nutrient management training. If these persons fail to obtain the
nutrient management certificate, they are required to develop and properly implement nutrient management
plans for the lands where they apply fertilizer within five years of the effective date of this Rule:
(a) Applicators who in a calendar year apply fertilizer to cropland areas, including row and vegetable
crops, floriculture areas, ornamental areas and greenhouse production areas, that together
comprise at least 50 acres and persons responsible for managing cropland areas, as described in
Sub-Item (1)(a) of this Rule, that together comprise at least 50 acres;
(b) Applicators who in a calendar year apply fertilizer to a golf course, recreational land areas, right-
of-way, or other turfgrass areas that together comprise at least 50 acres, and persons responsible
for managing the turfgrass aspects of lands, as described in Sub-Item (1)(b) of this Rule, that
together comprise at least 50 acres; and
(c) Commercial applicators who apply fertilizer to at least 50 total acres per year of lawn and garden
areas in residential, commercial, or industrial developments, and persons responsible for
managing the lawn and garden aspects of lands, as described in Sub-Item (1)(c) of this Rule, that
together comprise at least 50 acres.
(2) If the persons listed in Sub-Items (1)(a)-(c) of this Rule do not attend and complete within five years of the
effective date of this Rule a nutrient management training program administered by the Cooperative
Extension Service, their nutrient management plans shall meet the following requirements:
(a) Nutrient management plans for cropland shall meet the standards and specifications of the USDA
- Natural Resources Conservation Service or the standards and specifications adopted by the NC
Soil and Water Conservation Commission. Written approval from a technical specialist
designated pursuant to rules adopted by the Soil and Water Conservation Commission must be
obtained by the applicator certifying that a nutrient management plan meeting these standards has
been developed for the lands where they apply fertilizer.
(b) Nutrient management plans for turfgrass, floriculture, ornamental and greenhouse production
application of nutrients shall meet recommended guidelines in the following documents or other
recommended guidelines from land-grant universities to minimize nutrient loss to waters in the
Neuse River Basin. Nutrient management plans for turfgrass shall follow the North Carolina
Cooperative Extension Service (NCCES) guidelines in "Water Quality And Professional Lawn
Care"; NCCES publication number WQMM-155 or "Water Quality And Home Lawn Care";
NCCES publication number WQMM-151. Copies may be obtained from the Division of Water
Quality, 512 North Salisbury Street, Raleigh, North Carolina 27626 at no cost. Nutrient
management plans for nursery crops and greenhouse production shall follow the Southern
Nurserymen=s Association guidelines promulgated in "Best Management Practices Guide For
Producing Container-Grown Plants". Copies may be obtained from the Southern Nurserymen=s
Association, 1000 Johnson Ferry Road, Suite E-130, Marietta, GA 30068-2100 at a cost of thirty-
five dollars ($35.00). There materials related to nutrient management plans for turfgrass, nursery
crops and greenhouse production are hereby incorporated by reference including any subsequent
amendments and editions and are available for inspection at the Department of Environment and
Natural Resources Library, 512 North Salisbury Street, Raleigh, North Carolina. The Division of
Water Quality shall develop model plans in consultation with the Cooperative Extension Service,
the Natural Resources Conservation Service, the Division of Soil and Water Conservation, and the
North Carolina Department of Agriculture and approved by the Director of the Division of Water
Quality within one year of the effective date of this Rule. The model plans shall provide a
description of the type of information to be included in the plans for source of nutrients, the
amount of nutrient applied, the placement of nutrients, and the timing of nutrient applications.
Written approval from a technical specialist designated pursuant to rules adopted by the
Environmental Management Commission must be obtained by the applicator certifying that a
nutrient management plan meeting these standards has been developed for the lands where they
apply fertilizer.
(c) For nutrient management plans developed under Sub-Items (2)(a) and (2)(b) of this Rule using dry
poultry litter from animal waste management systems involving 30,000 or more birds, dry poultry
litter shall be applied at agronomic rates for nitrogen based on realistic yield expectations derived
from waste nutrient content, crop and soil type, or yield records.
(d) Nutrient management plans and supporting documents must be kept on-site or be producible
within 24 hours of a request by the Division of Water Quality.
(e) Nutrient management plans may be written by the applicator or a consultant to the applicator.
(3) Applicators and commercial applicators subject to Item (2) of this Rule who do not develop a nutrient
management plan or do not apply nutrients in accordance with a nutrient management plan meeting the
specifications in Item (2) are in violation of this Rule and are subject to enforcement measures authorized
in G.S. 143-215.6A (civil penalties), G.S. 143-215.6B (criminal penalties), and G.S. 143-215.6C
(injunctive relief).
(4) Residential landowners and other individuals applying fertilizer to less than 50 acres per year shall to the
maximum extent practical apply fertilizer to residential, commercial, industrial, turfgrass, and cropland
areas at rates recommended by the Cooperative Extension Service.

History Note: Authority G.S. 143-214.1; 143-214.7; 143-215.3(a)(1);
Eff. August 1, 1998.

15A NCAC 02B .0240 NUTRIENT OFFSET PAYMENTS
(a) The purpose of this Rule is to establish procedures for the optional payment of nutrient offset fees to the NC Ecosystem
Enhancement Program, subsequently referred to as the Program, or to other public or private parties where the Program or
such parties implement projects for nutrient offset purposes and accept payments for those purposes, and where either of the
following applies:
(1) The following rules of this Section allow offsite options or nutrient offset payments toward fulfillment or
maintenance of nutrient reduction requirements:
(A) .0234 and .0235 of the Neuse nutrient strategy,
(B) .0258 of the Tar-Pamlico nutrient strategy, and
(C) applicable rules of the Jordan nutrient strategy, which is described in Rule .0262; and
(2) Other rules adopted by the Commission allow this option toward fulfillment of nutrient load reduction
requirements.
(b) Offset fees paid pursuant to this Rule shall be used to achieve nutrient load reductions subject to the following geographic
restrictions:
(1) Load reductions shall be located within the same 8-digit cataloguing unit, as designated by the US
Geological Survey, as the loading activity that is being offset;
(2) The Division shall track impacts by 10-digit watershed, as designated by the US Geological Survey and
providers shall locate projects proportional to the location of impacts to the extent that the projects would
meet the least cost alternative criterion per S.L. 2007-438. The location of load reduction projects shall be
reviewed during the approval process described in Paragraph (c) of this Rule;
(3) Impacts that occur in the watershed of Falls Lake in the upper Neuse River Basin may be offset only by
load reductions in the same watershed; Impacts in the Neuse 01 8-digit cataloguing unit below the Falls
watershed, as designated by the US Geological Survey, may be offset only by load reductions in that same
lower watershed;
(4) Restrictions established in the Jordan nutrient strategy, which is described in Rule 15A NCAC 02B .0262;
and
(5) Any further restrictions established by the Commission through rulemaking.
(c) The Program and other parties shall obtain Division approval of proposed nutrient offset projects prior to construction.
Other parties shall sell credits in compliance with approved credit release schedules and with the requirements of this Rule.
Project approval shall be based on the following standards:
(1) Load reductions eligible for credit shall not include reductions used to satisfy other requirements under the
same nutrient strategy;
(2) The Program and other parties shall agree to provide adequate financial assurance to protect and maintain
load reductions for the stated duration, including for maintenance, repair and renovation of the proposed
measure;
(3) The Program and other parties shall agree that once credits are established for a measure and until they are
exhausted, they shall provide a credit/debit ledger to the Division at regular intervals;
(4) The Program and other parties shall agree that the party responsible for a measure shall allow the Division
access to it throughout its lifetime for compliance inspection purposes;
(5) The Program or other party seeking approval shall obtain a site review from Division staff prior to Division
approval to verify site conditions suitable to achieve the proposed load reductions through the proposed
measure; and
(6) The Program shall submit a proposal, and other parties shall submit a proposal or a draft banking
instrument, addressing the following items regarding a proposed load-reducing measure:
(A) Identify the location and site boundaries of the proposed measure, the geographic area to be
served by credits in compliance with the requirements of Paragraph (b) of this Rule, existing
conditions in the contributing drainage area and location of the measure, and the nature of the
proposed measure with sufficient detail to support estimates of load reduction required in this
Paragraph;
(B) Provide calculations of the annual magnitudes of load reductions and identify final credit values
incorporating any delivery factors or other adjustments required under rules identified in
Paragraph (a) of this Rule;
(C) Define the duration of load reductions, and provide a conservation easement or similar legal
mechanism to be recorded with the County Register of Deeds and that is sufficient to ensure
protection and maintenance of load reductions for the stated duration;
(D) Identify the property owner and parties responsible for obtaining all permits and other
authorizations needed to establish the proposed measure, for constructing and ensuring initial
performance of the proposed measure, for reporting on and successfully completing the measure,
for holding and enforcing the conservation easement, and for ensuring protection and maintenance
of functions for its stated duration;
(E) Provide a plan for implementing the proposed measure, including a timeline, a commitment to
provide an as-built plan and report upon establishment of the measure, elements to be included in
the as-built plan and report, a commitment to provide a bond or other financial assurance
sufficient to cover all aspects of establishment and initial performance prior to the release of any
credits, and criteria for successful completion; and
(F) Provide a monitoring and maintenance plan designed to achieve successful completion, that
commits to annual reporting to the Division until success is achieved, that recognizes the
Division's authority to require extension or re-initiation of monitoring depending on progress
toward success, and that commits to a final report upon completion. The final report shall
reaffirm the party that shall hold and enforce the conservation easement or other legal instrument.
(d) The Program shall establish and revise nutrient offset rates as set out in Rule .0274 of this Section. Offset payments
accepted by the Program shall be placed into the Riparian Buffer Restoration Fund administered by the Department pursuant
to G.S. 143-214.21
(e) Persons who seek to pay nutrient offset fees under rules of this Section shall do so in compliance with such rules, the
requirements of Paragraph (b) of this Rule, and the following:
(1) A non-governmental entity shall purchase nutrient offset credit from a party other than the Program if such
credit is available in compliance with the criteria of this Rule at the time credit is sought, and shall
otherwise demonstrate to the permitting authority that such credit is not available before seeking to make
payment to the Program;
(2) Offset payments made to the Program shall be contingent upon acceptance of the payment by the Program.
The financial, temporal and technical ability of the Program to satisfy the mitigation request will be
considered to determine whether the Program will accept or deny the request;
(3) Where persons seek to offset more than one nutrient type, they shall make payment to address each type;
(4) The offset payment shall be an amount sufficient to fund 30 years of nutrient reduction.
(5) Persons who seek offsets to meet new development stormwater permitting requirements shall provide proof
of offset credit purchase to the permitting authority prior to approval of the development plan; and
(6) A wastewater discharger that elects to purchase offset credits for the purpose of fulfilling or maintaining
nutrient reduction requirements shall submit proof of offset credit acquisition or a letter of commitment
from the Program or third party provider with its request for permit modification. Issuance of a permit that
applies credits to nutrient limits shall be contingent on receipt of proof of offset credit acquisition. A
discharger may propose to make incremental payments for additional nutrient allocations, contingent upon
receiving a letter of commitment from the Program or third party provider to provide the offset credit
needed for permit issuance. In that event the Division may issue or modify that permit accordingly, and
shall condition any flow increase associated with that incremental purchase on payment in full for the
additional allocation. Offset responsibility for nutrient increases covered under this Paragraph shall be
transferred to the Program or third party provider when it has received the entire payment.
(f) Credits associated with load reducing activities funded under this Rule shall be awarded exclusively to the person,
municipality, discharger, or group of dischargers who paid the offset fee.

History Note: Authority G.S. 143-214.1; 143-214.20; 143-214.21; S.L. 1995, c. 572; S.L. 2007, c. 438; S.L. 2009, c. 337;
S.L. 2009, c. 484; S.L. 2009, c. 486;
Eff. August 1, 1998;
Amended Eff. August 1, 2006;
Amended Eff. September 1, 2010.

15A NCAC 02B .0241 NEUSE RIVER BASIN: NUTRIENT SENSITIVE WATERS MANAGEMENT
STRATEGY: DELEGATION OF AUTHORITY FOR THE PROTECTION AND MAINTENANCE OF EXISTING
RIPARIAN BUFFERS
(a) PURPOSE. This Rule sets out the requirements for delegation of the responsibility for implementing and enforcing the
Neuse Basin existing riparian buffer protection program, as described in Rule 15A NCAC 2B .0233, to local governments.
(b) PROCEDURES FOR GRANTING AND RESCINDING DELEGATION. The Commission shall grant and rescind local
government delegation of the Neuse River Basin Riparian Buffer Protection requirements 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 State's riparian buffer protection requirements within their
jurisdiction. The written request shall be accompanied by information that shows:
(A) 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);
(B) The local government has the administrative organization, staff, legal authority, financial and
other resources necessary to implement and enforce the State’s riparian buffer protection
requirements based on its size and projected amount of development;
(C) The local government has adopted ordinances, resolutions, or regulations necessary to establish
and maintain the State's riparian buffer protection requirements; and
(D) The local government has provided a plan to address violations with appropriate remedies and
actions including, but not limited to, civil or criminal remedies that shall restore buffer nutrient
removal functions on violation sites and provide a deterrent against the occurrence of future
violations.
(2) Within 90 days after the Commission has received the request for delegation, the Commission shall notify
the local government whether it has been approved, approved with modifications, or denied.
(3) The Commission, upon determination that a delegated local authority is failing to implement or enforce the
Neuse Basin riparian buffer protection requirements in keeping with a request approved under Sub-item
(b)(2) of this Rule, shall notify the delegated local authority in writing of the local program’s inadequacies.
If the delegated local authority has not corrected the deficiencies within 90 days of receipt of the written
notification, then the Commission shall rescind the delegation of authority to the local government and shall
implement and enforce the State's riparian buffer protection requirements.
(4) The Commission may delegate its duties and powers for granting and rescinding local government
delegation of the State's riparian buffer protection requirements, in whole or in part, to the Director.
(c) APPOINTMENT OF A RIPARIAN BUFFER PROTECTION ADMINISTRATOR. Upon receiving delegation, local
governments shall appoint a Riparian Buffer Protection Administrator who shall coordinate the implementation and
enforcement of the program. The Administrator shall attend an initial training session by the Division and subsequent annual
training sessions. The Administrator shall ensure that local government staffs working directly with the program receive
training to understand, implement and enforce the program.
(d) PROCEDURES FOR USES WITHIN RIPARIAN BUFFERS THAT ARE ALLOWABLE AND ALLOWABLE WITH
MITIGATION. Upon receiving delegation, local authorities shall review proposed uses within the riparian buffer and issue
approvals if the uses meet the State's riparian buffer protection requirements. Delegated local authorities shall issue an
Authorization Certificate for uses if the proposed use meets the State's riparian buffer protection requirements, or provides for
appropriate mitigated provisions to the State's riparian buffer protection requirements. The Division may challenge a decision
made by a delegated local authority for a period of 30 days after the Authorization Certificate is issued. If the Division does
not challenge an Authorization Certificate within 30 days of issuance, then the delegated local authority’s decision shall stand.
(e) VARIANCES. After receiving delegation, local governments shall review variance requests, provide approvals for minor
variance requests and make recommendations to the Commission for major variance requests pursuant to the State's riparian
buffer protection program.
(f) LIMITS OF DELEGATED LOCAL AUTHORITY. The Commission shall have jurisdiction to the exclusion of local
governments to implement the State's riparian buffer protection requirements for the following types of activities:
(1) Activities conducted under the authority of the State;
(2) Activities conducted under the authority of the United States;
(3) Activities conducted under the authority of multiple jurisdictions; and
(4) Activities conducted under the authority of local units of government.
(g) RECORD-KEEPING REQUIREMENTS. Delegated local authorities shall maintain on-site records for a minimum of
five years. Delegated local authorities must furnish a copy of these records to the Director within 30 days of receipt of a
written request for the records. The Division shall inspect local riparian buffer protection programs to ensure that the
programs are being implemented and enforced in keeping with a request approved under Sub-item (b)(2) of this Rule. Each
delegated local authority's records shall include the following:
(1) A copy of variance requests;
(2) The variance request's finding of fact;
(3) The result of the variance proceedings;
(4) A record of complaints and action taken as a result of the complaint;
(5) Records for stream origin calls and stream ratings; and
(6) Copies of request for authorization, records approving authorization and Authorization Certificates.

History Note: Authority 143-214.1; 143-214.7; 143-215.3(a)(1); S.L. 1998 c. 221;
Eff. August 1, 2000.

15A NCAC 02B .0242 NEUSE RIVER BASIN: NUTRIENT SENSITIVE WATERS MANAGEMENT
STRATEGY: MITIGATION PROGRAM FOR PROTECTION AND MAINTENANCE OF EXISTING RIPARIAN
BUFFERS

History Note: Authority 143-214.1; 143-214.7; 143-215.3(a)(1); S.L. 1998, c. 221;
Temporary Adoption Eff. June 22, 1999;
Eff. August 1, 2000;
Repealed Eff. October 24, 2014.

15A NCAC 02B .0243 CATAWBA RIVER BASIN: PROTECTION AND MAINTENANCE OF EXISTING
RIPARIAN BUFFERS
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 protect and preserve 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. For the purpose of Rules 15A NCAC 02B .0243 and 15A NCAC 02B .0244, these terms
shall be defined as follows:
(a) "Access Trails" means pedestrian trails constructed of pervious or impervious surfaces, and
related structures to access a surface water including boardwalks, steps, rails, signage, etc.
(b) "Archaeological Activities" means activities conducted by a Registered Professional
Archaeologist (RPA).
(c) "Airport Facilities" means all properties, facilities, buildings, structures, and activities that satisfy
or otherwise fall within the scope of one or more of the definitions or uses of the words or phrases
"air navigation facility," "airport," or "airport protection privileges" under G.S. 63-1; the
definition of "aeronautical facilities" in G.S. 63-79(1); the phrase "airport facilities" as used in
G.S. 159-48(b)(1); the phrase "aeronautical facilities" as defined in G.S. 159-81 and G.S. 159-97;
and the phrase "airport facilities and improvements" as used in Article V, Section 13, of the North
Carolina Constitution, which shall include, without limitation, any and all of the following:
airports, airport maintenance facilities, clear zones, drainage ditches, fields, hangars, landing
lighting, airport and airport-related offices, parking facilities, related navigational and signal
systems, runways, stormwater outfalls, terminals, terminal shops, and all appurtenant areas used or
suitable for airport buildings or other airport facilities, and all appurtenant rights-of-way;
restricted landing areas; any structures, mechanisms, lights, beacons, marks, communicating
systems, or other instrumentalities or devices used or useful as an aid, or constituting an advantage
or convenience to the safe taking off, navigation, and landing of aircraft, or the safe and efficient
operation or maintenance of an airport or restricted landing area; easements through, or other
interests in, air space over land or water, interests in airport hazards outside the boundaries of
airports or restricted landing areas, and other protection privileges, the acquisition or control of
which is necessary to ensure safe approaches to the landing areas of airports and restricted landing
areas, and the safe and efficient operation thereof; and any combination of any or all of such
facilities. Notwithstanding the foregoing, the following shall not be included in the definition of
"Airport Facilities":
(i) satellite parking facilities;
(ii) retail and commercial development outside of the terminal area, such as rental car
facilities; and
(iii) other secondary development, such as hotels, industrial facilities, free-standing offices
and other similar buildings, so long as these facilities are not directly associated with the
operation of the airport, and are not operated by a unit of government or special
governmental entity such as an airport authority.
(d) "Approved local government" means any government with a riparian buffer ordinance approved
by the Division pursuant to Subparagraph (3)(b) of this Rule.
(e) "Channel" means a natural water-carrying trough cut vertically into low areas of the land surface
by erosive action of concentrated flowing water or a ditch or canal excavated for the flow of
water.
(f) "DBH" means diameter at breast height of a tree measured at 4.5 feet above ground surface level.
(g) "Forest plantation" means an area of planted trees that may be conifers (pines) or hardwoods. On
a plantation, the intended crop trees are planted rather than naturally regenerated from seed on the
site, coppice (sprouting), or seed that is blown or carried into the site.
(h) "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.
(i) "Greenway / Hiking Trails" means pedestrian trails constructed of pervious and impervious
surfaces and related structures including but not limited to boardwalks, steps, rails, signage, etc.
(j) "High Value Tree" means a tree whose stump diameter is equal to or exceeding 18-inches.
(k) "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).
(l) "Riparian buffer enhancement" is defined as the process of converting a non-forested riparian
area, where woody vegetation is sparse (greater than or equal to 100 trees per acre but less than
200 trees per acre) to a forested riparian buffer area. The enhanced, forested riparian buffer area
shall include a minimum of at least two native hardwood tree species planted at a density
sufficient to provide 320 trees per acres at maturity, and diffuse flow through the riparian buffer
shall be maintained.
(m) "Riparian buffer restoration" is defined as the process of converting a non-forested riparian area,
where woody vegetation is absent (less than 100 trees per acre) to a forested riparian buffer area.
The restored, forested riparian buffer area shall include a minimum of at least two native
hardwood tree species planted at a density sufficient to provide 320 trees per acres at maturity,
and diffuse flow through the riparian buffer shall be maintained.
(n) "Shoreline stabilization" is the in-place stabilization of an eroding shoreline. Stabilization
techniques which include "soft" methods or natural materials (such as root wads, or rock vanes)
may be considered as part of a restoration design. However, stabilization techniques that consist
primarily of "hard" engineering, such as concrete lined channels, rip rap, or gabions, while
providing bank stabilization, shall not be considered stream restoration.
(o) "Stream restoration" is defined as the process of converting an unstable, altered or degraded
stream corridor, including adjacent riparian zone and flood-prone areas to its natural or
referenced, stable conditions considering recent and future watershed conditions. This process
also includes restoring the geomorphic dimension, pattern, and profile as well as biological and
chemical integrity, including transport of water and sediment produced by the stream's watershed
in order to achieve dynamic equilibrium. "Referenced" or "referenced reach" means a stable
stream that is in dynamic equilibrium with its valley and contributing watershed. A reference
reach can be used to develop natural channel design criteria for stream restoration projects.
(p) "Stump diameter" means diameter of a tree measured at six inches above ground surface level.
(q) "Surface water" means all waters of the state as defined in G.S. 143-212 except underground
waters.
(r) "Temporary road" means a road constructed temporarily for equipment access to build or replace
hydraulic conveyance structures or water dependent structures, or to maintain public traffic during
construction.
(s) "Tree" means a woody plant with a DBH equal to or exceeding five inches or a stump diameter
equal to or exceeding six inches.
(3) APPLICABILITY. This Rule shall apply to a 50-foot wide riparian buffer along the Catawba River
mainstem below Lake James and along the mainstem lakes in the Catawba River Basin, excluding wetlands.
Wetlands within 50 feet of surface waters shall be considered as part of the riparian buffer but are
regulated pursuant to 15A NCAC 02H .0506. The riparian buffers protected by this Rule shall be measured
pursuant to Item (4) of this Rule. Riparian buffers along the Catawba River mainstem below Lake James
and along mainstem lakes shall be subject to this Rule unless one of the following applies.
(a) EXEMPTION WHEN EXISTING USES ARE PRESENT AND ONGOING. This Rule shall not
apply to portions of the riparian buffer where a use is existing and ongoing. Only the portion of
the riparian buffer that contains the footprint of the existing and ongoing use is exempt from this
Rule. The determination of whether a use is existing and ongoing will be made either by the
Division or approved local government; whichever is appropriate according to the administration
of the buffer program. A use is existing and ongoing when it is a completed and maintained
activity, an activity with appropriate valid permits, or an activity with documentation for
unexpired vested rights, as described below:
(i) A use that was present within the riparian buffer as of June 30, 2001 and has continued
to exist since that time. Existing uses shall include agriculture, buildings, industrial
facilities, commercial areas, transportation facilities, maintained lawns, utility lines and
on-site sanitary sewage systems. Change of ownership through purchase or inheritance
is not a change of use. Activities necessary to maintain uses are allowed provided that
the site remains similarly vegetated, no impervious surface is added within 50 feet of the
surface water where it did not previously exist as of the effective date of the Rule, and
existing diffuse flow is maintained. Grading and revegetating Zone 2 is allowed
provided that the health of the vegetation in Zone 1 is not compromised, the ground is
stabilized and existing diffuse flow is maintained.
(ii) A use that can be documented to the Division or the appropriate approved local
government that meets at least one of the following criteria:
(A) Project requires a 401 Certification/404 Permit, these were issued prior to June
30, 2001 and are still valid;
(B) Projects that require a state permit, such as landfills, NPDES wastewater
discharges, land application of residuals and road construction activities, have
begun construction or are under contract to begin construction and had
received all required state permits prior to June 30, 2001;
(C) Projects that are being reviewed through the Clean Water Act Section
404/National Environmental Policy Act Merger 01 Process (published by the
US Army Corps of Engineers and Federal Highway Administration, 2003) or
its immediate successor and that have reached agreement with DENR on
avoidance and minimization by June 30, 2003; and
(D) Projects that are not required to be reviewed by the Clean Water Act Section
404/National Environmental Policy Act Merger 01 Process (published by the
US Army Corps of Engineers and Federal Highway Administration, 2003) or
its immediate successor if a Finding of No Significant Impact has been issued
for the project and the project has the written approval of the DWQ prior to
June 30, 2001.
(iii) A project that can be documented to the Division or the appropriate approved local
government that has vested rights that were established or recognized for that project
under the common law or by G.S. 153A-344(b), 153A-344.1, 160A-385(b), or 160A-
385.1 prior to July 1, 2001. This Rule does not confer or restrict a vested right
established or recognized under common law or G.S. 153A-344(b), 153A-344.1, 160A-
385(b), or 160A-385.1.
(iv) This Rule shall apply at the time an existing use is changed to another use. Change of
use shall include the following:
(A) Impervious surface is added to the riparian buffer in locations where it did not
exist previously either on the ground or in proposed site plans showing the
locations of proposed impervious surfaces for uses defined as existing and
ongoing in Subitem (3)(a)(ii) or Subitem (3)(a)(iii) of this Rule; or
(B) An agricultural operation within the riparian buffer is converted to a non-
agricultural use.
(b) LOCAL GOVERNMENTS THAT HAVE APPROVED RIPARIAN BUFFER ORDINANCES.
All local governments that have land use authority along the Catawba River mainstem below Lake
James and along mainstem lakes in the Catawba River Basin may adopt local riparian buffer
ordinances to protect water quality. The Division shall approve the local riparian buffer ordinance
within 30 days after receiving the request from local governments, if the Division determines that
the local riparian buffer ordinance provides equal to or greater water quality protection than this
Rule. This Rule shall not apply in any area where a local government has obtained the Division’s
approval of the local riparian buffer ordinance, provided that the local government is
implementing and enforcing the approved local riparian buffer ordinance. The Division, upon
determination that the local government is failing to implement or enforce the approved local
buffer ordinance, shall notify the local government in writing of the local program inadequacies.
If the local government has not corrected the deficiencies within 90 days of receipt of written
notification, then the Division shall implement and enforce the provisions of this Rule.
(c) RIPARIAN AREAS AND ACTIVITIES NOT REGULATED UNDER AN APPROVED
LOCAL GOVERNMENT ORDINANCE. The Division shall be responsible for the
implementation of this rule for all riparian areas and activities not regulated under a Division-
approved local government ordinance.
(4) ZONES OF THE RIPARIAN BUFFER. The protected riparian buffer shall have two zones as follows:
(a) Zone 1 shall consist of a forested area that is undisturbed except for uses provided for in Item (6)
of this Rule. The location of Zone 1 shall be as follows:
(i) For the Catawba River mainstem below Lake James, Zone 1 shall begin at the most
landward limit of the top of the bank and extend landward a distance of 30 feet on all
sides of the surface water, measured horizontally on a line perpendicular to a vertical
line marking the edge of the top of the bank.
(ii) For the mainstem lakes located on the Catawba River mainstem, Zone 1 shall begin at
the most landward limit of the full pond level and extend landward a distance of 30 feet,
measured horizontally on a line perpendicular to a vertical line marking the edge of the
full pond level.
(b) Zone 2 shall consist of a stable, vegetated area that is undisturbed except for uses provided for in
Item (6) of this Rule. Grading and revegetating Zone 2 is allowed provided that the health of the
vegetation in Zone 1 is not compromised. Zone 2 shall begin at the outer edge of Zone 1 and
extend landward 20 feet as measured horizontally on a line perpendicular to a vertical line
marking the outer edge of Zone 1. The combined width of Zones 1 and 2 shall be 50 feet on all
sides of the surface water along the Catawba River mainstem below Lake James and along
mainstem lakes in the Catawba River Basin.
(5) DIFFUSE FLOW REQUIREMENT. Diffuse flow of runoff shall be maintained in the riparian buffer by
dispersing concentrated flow and reestablishing vegetation.
(a) Concentrated runoff from new ditches or manmade conveyances shall be converted to diffuse flow
at non-erosive velocities before the runoff enters Zone 2 of the riparian buffer.
(b) Periodic corrective action to restore diffuse flow shall be taken if necessary to impede the
formation of erosion gullies.
(c) No new stormwater conveyances are allowed through the buffers except for stormwater
management ponds provided for in Item (6) of this Rule.
(6) TABLE OF USES. The following chart sets out the uses and their category designation under this Rule as
exempt, allowable, or allowable with mitigation. Any uses, which are not listed in the table, are prohibited.
The requirements for each category listed in the table as well as prohibited uses not set out in the table are
given in Item (7) of this Rule.

Use

Exempt Allowable Allowable
with
Mitigation
Access trails: Pedestrian access trails leading to the surface
water, docks, fishing piers, boat ramps and other water
dependent activities:
 Pedestrian access trails that are restricted to the minimum
width practicable and do not exceed 4 feet in width of buffer
disturbance, and provided that installation and use does not
result in removal of trees as defined in this Rule and no
impervious surface is added to the riparian buffer
 Pedestrian access trails that exceed 4 feet in width of buffer
disturbance, the installation or use results in removal of trees
as defined in this Rule or impervious surface is added to the

X

riparian buffer
X
Airport facilities:
 Airport or airstrip facilities that impact equal to or less than
150 linear feet or one-third of an acre of riparian buffer
Airport or airstrip facilities that impact greater than 150
linear feet or one-third of an acre of riparian buffer

X

X
Archaeological activities X
Bridges X
Canoe Access provided that installation and use does not
result in removal of trees as defined in this Rule and no
impervious surface is added to the buffer
X
Dam maintenance activities:
 Dam maintenance activities that do not cause additional
buffer disturbance beyond the footprint of the existing dam or
those covered under the U.S. Army Corps of Engineers
Nationwide Permit No. 3
 Dam maintenance activities that do cause additional buffer
disturbance beyond the footprint of the existing dam or those
not covered under the U.S. Army Corps of Engineers
Nationwide Permit No. 3

X

X

Drainage ditches, roadside ditches and stormwater outfalls
through riparian buffers:
 Existing drainage ditches, roadside ditches, and stormwater
outfalls provided that they are managed to minimize the
sediment, nutrients and other pollution that convey to
waterbodies
New drainage ditches, roadside ditches and stormwater
outfalls provided that a stormwater management facility is
installed to control pollutants and attenuate flow before the
conveyance discharges through the riparian buffer
 New stormwater discharges to existing man-made
conveyances (including, but not limited to, drainage ditches,
roadside ditches, and stormwater outfalls) provided that the
new stormwater discharge does not result in the need to alter
the existing man-made conveyances

X

X

X

Driveway crossings of surface waters subject to this Rule:
 Driveway crossings on single family residential lots
subdivided or recorded prior to the effective date of this Rule
that disturb equal to or less than 25 linear feet or 2,500 square
feet of riparian buffer
 Driveway crossings on single family residential lots
subdivided or recorded prior to the effective date of this Rule
that disturb greater than 25 linear feet or 2,500 square feet of
riparian buffer
 In a subdivision that cumulatively disturbs equal to or less
than 150 linear feet or one-third of an acre of riparian buffer
 In a subdivision that cumulatively disturbs greater than 150
linear feet or one-third of an acre of riparian buffer

X

X

X

X
Fences:
 Fences provided that disturbance is minimized and
installation does not result in removal of trees as defined in
this Rule
 Fences provided that disturbance is minimized and
installation results in removal of trees as defined in this Rule

X

X
Forest harvesting - see Item (11) of this Rule
Grading and revegetation in Zone 2 only provided that diffuse
flow and the health of existing vegetation in Zone 1 is not
compromised and disturbed areas are stabilized
X
Greenway / hiking trails X
Historic preservation X
Mining activities:
 Mining activities that are covered by the Mining Act
provided that new riparian buffers that meet the requirements
of Items (4) and (5) of this Rule are established adjacent to
the relocated channels
 Mining activities that are not covered by the Mining Act
OR where new riparian buffers that meet the requirements of
Items (4) and (5) of this Rule are not established adjacent to
the relocated channels

X

X
Non-electric utility lines:
 Impacts other than perpendicular crossings in Zone 2 only 1
 Impacts other than perpendicular crossings in Zone 1 1

X

X
Non-electric utility line perpendicular crossings of surface
waters subject to this Rule 1:
 Perpendicular crossings that disturb equal to or less than 40
linear feet of riparian buffer with a maintenance corridor
equal to or less than 10 feet in width
 Perpendicular crossings that disturb equal to or less than 40
linear feet of riparian buffer with a maintenance corridor
greater than 10 feet in width
 Perpendicular crossings that disturb greater than 40 linear
feet but equal to or less than 150 linear feet of riparian buffer
with a maintenance corridor equal to or less than 10 feet in
width
 Perpendicular crossings that disturb greater than 40 linear
feet but equal to or less than 150 linear feet of riparian buffer
with a maintenance corridor greater than 10 feet in width
 Perpendicular crossings that disturb greater than 150 linear
feet of riparian buffer regardless of the width of the
maintenance corridor

X

X

X

X

X
Overhead electric utility lines:
 Impacts other than perpendicular crossings in Zone 2 only 1
 Impacts other than perpendicular crossings in Zone 1 1,2, 3

X
X

Overhead electric utility line perpendicular crossings of
surface waters subject to this Rule 1:
 Perpendicular crossings that disturb equal to or less than
150 linear feet of riparian buffer 2
 Perpendicular crossings that disturb greater than 150 linear
feet of riparian buffer 2, 3

X

X

1 Perpendicular crossings are those that intersect the surface water at an angle between 75 and 105. New water intakes and
new outfall lines which may be required to extend to or cross part of waterbodies will be implemented and enforced under this
category.
2 Provided that, in Zone 1, all of the following BMPs for overhead utility lines are used. If all of these BMPs are not used,
then the overhead utility lines shall require a no practical alternative evaluation by the Division.
 A minimum zone of 10 feet wide immediately adjacent to the water body shall be managed such that only
vegetation that poses a hazard or has the potential to grow tall enough to interfere with the line is removed.
 Woody vegetation shall be cleared by hand. No land grubbing or grading is allowed.
 Vegetative root systems shall be left intact to maintain the integrity of the soil. Stumps shall remain where trees
are cut.
 Rip rap shall not be used unless it is necessary to stabilize a tower.
 No fertilizer shall be used other than a one-time application to re-establish vegetation.
 Construction activities shall minimize the removal of woody vegetation, the extent of the disturbed area, and the
time in which areas remain in a disturbed state.
 Measures shall be taken after construction and during routine maintenance to ensure diffuse flow of stormwater
through the buffer.
 In wetlands, mats shall be utilized to minimize soil disturbance.
3 Provided that poles or towers shall not be installed within 10 feet of a water body unless the Division completes a no
practical alternative evaluation.

Use Exempt Allowable Allowable
with
Mitigation
Playground equipment:
 Playground equipment provided that installation and use
does not result in removal of trees as defined in this Rule
 Playground equipment where installation and use requires
removal of trees as defined in this Rule

X

X

Properties that have been subdivided by a preliminary
subdivision plat 4 approved by local governments within the
Catawba River Basin within 2 years prior to June 30, 2001
for conventional subdivisions and within 5 years prior to June
30, 2001 for phased subdivisions:
 Uses in Zone 2 provided that the ground is stabilized and
diffuse flow is maintained
 Uses in Zone 1 provided that the ground is stabilized and
diffuse flow is maintained. On-site waste systems, septic
tanks and drainfields are not allowed in Zone 1

X

X

Properties that are included on a recorded subdivision plan
prior to June 30, 2001:
 Uses in Zone 2 provided that the ground is stabilized and
diffuse flow is maintained
 Uses in Zone 1 provided that the ground is stabilized and
diffuse flow is maintained. On-site waste systems, septic
tanks and drainfields are not allowed in Zone 1

X

X

Protection of existing structures, facilities and shoreline when
this requires additional disturbance of the riparian buffer or
the channel

X

Pumps for agricultural irrigation in Zone 1 provided that
installation and use does not result in removal of trees as
defined in this Rule
X

4 The submitted preliminary subdivision plat shall include all the following information:
 Total acreage of land proposed for platting.
 The boundaries of the tract or portion thereof to be subdivided, with all bearings and distances accurately
shown, including dimensions of all lot lines.
 Location and use of all existing and proposed easements. This includes easements for drainage and utilities.
 Location, width of rights-of-way and all proposed streets.
 Location of all utilities installations.
 Distance to nearest public water supply and sanitary sewerage systems.
 Significant natural features including existing riparian buffer areas, existing wetlands, lakes or rivers, or other
natural features affecting the site.
 Existing physical features including buildings, streets, railroads, power lines, drainage ways, sewer and water or
spring heads, and town limit lines both to or adjacent to the land to be subdivided.

Use

Exempt Allowable Allowable
with
Mitigation
Railroad impacts other than crossings of surface waters
subject to this Rule
X
Recreational and accessory structures:
 Recreational and accessory structures such as decks,
gazebos and sheds provided the total cumulative footprint of
all structures within the buffer does not exceed 150 square
feet, that the structures are elevated above pervious ground,
that installation does not result in removal of trees as defined
in this Rule, and that they are not otherwise prohibited under
the local water supply watershed ordinance
 Recreational and accessory structures such as decks,
gazebos, and sheds with a cumulative footprint of more than
150 square feet provided that the structures are elevated
above pervious ground, that installation does not result in
removal of trees as defined in this Rule, and that they are not
otherwise prohibited under the local water supply watershed
ordinance

X

X

Removal of previous fill or debris provided that diffuse flow
is maintained and any vegetation removed is restored
X
Road impacts other than crossings of surface waters subject
to this Rule
X
Road crossings of surface waters subject to this Rule:
 Road crossings that impact equal to or less than 40 linear
feet of riparian buffer
 Road crossings that impact greater than 40 linear feet but
equal to or less than 150 linear feet or one-third of an acre of
riparian buffer
 Road crossings that impact greater than 150 linear feet or
one-third of an acre of riparian buffer

X

X

X
Scientific studies and gauging station X
Stormwater management ponds excluding dry ponds:
 New stormwater management ponds provided that a
riparian buffer that meets the requirements of Items (4) and
(5) of this Rule is established adjacent to the pond
 New stormwater management ponds where a riparian
buffer that meets the requirements of Items (4) and (5) of this

X

X
Rule is NOT established adjacent to the pond
 Stormwater constructed wetland and bio-retention area X
Shoreline stabilization X
Temporary roads:
 Temporary roads that disturb less than or equal to 2,500
square feet provided that vegetation is restored within six
months of initial disturbance
 Temporary roads that disturb greater than 2,500 square feet
provided that vegetation is restored within six months of
initial disturbance
 Temporary roads used for culvert installation, bridge
construction or replacement provided that restoration
activities, such as soil stabilization and revegetation, are
conducted immediately after construction

X

X

X

Temporary sediment and erosion control devices:
 In Zone 2 only provided that the vegetation in Zone 1 is not
compromised and that discharge is released as diffuse flow in
accordance with Item (5) of this Rule
 In Zones 1 and 2 to control impacts associated with uses
approved by the Division or that have received a variance
provided that sediment and erosion control for upland areas is
addressed to the maximum extent practical outside the buffer
 In-stream temporary erosion and sediment control
measures for work within a stream channel

X

X

X

Underground electric utility lines:
 Impacts other than perpendicular crossings in Zone 2 only 1
 Impacts other than perpendicular crossings in Zone 11,5

X
X

Underground electric utility line perpendicular crossings of
surface waters subject to this Rule: 1
 Perpendicular crossings that disturb less than or equal to 40
linear feet of riparian buffer 5
 Perpendicular crossings that disturb greater than 40 linear
feet of riparian buffer 5

X

X

Vehicle access roads and boat ramps leading to the surface
water, docks, fishing piers, and other water dependent
activities:
 Vehicular access roads and boat ramps to the surface water
but not crossing the surface water that are restricted to the
minimum width practicable not to exceed 10 feet in width
 Vehicular access roads and boat ramps to the surface water
but not crossing the surface water that are restricted to the
minimum width practicable and exceed 10 feet in width

X

X
View corridors:
 Thinning of underbrush, shrubs, and limbs up to 50% of
individual tree height to enhance a lake view provided soils
are undisturbed, diffuse flow is maintained and no stems of
woody vegetation larger than 3" DBH are removed
 Thinning of underbrush, shrubs, and limbs above 50% of
individual tree height to enhance a lake view provided soils
are undisturbed, diffuse flow is maintained and no stems of
woody vegetation larger than 3" DBH are removed

X

X

5 Provided that, in Zone 1, all of the following BMPs for underground utility lines are used. If all of these BMPs are not used,
then the underground utility line shall require a no practical alternative evaluation by the Division.
 Woody vegetation shall be cleared by hand. No land grubbing or grading is allowed.
 Except as specified within this footnote, vegetative root systems shall be left intact to maintain the integrity of
the soil. Stumps shall remain, except in the trench, where trees are cut.
 Underground cables shall be installed by vibratory plow or trenching.
 The trench shall be backfilled with the excavated soil material immediately following cable installation.
 No fertilizer shall be used other than a one-time application to re-establish vegetation.
 Construction activities shall minimize the removal of woody vegetation, the extent of the disturbed area, and the
time in which areas remain in a disturbed state.
 Active measures shall be taken after construction and during routine maintenance to ensure diffuse flow of
stormwater through the buffer.
 In wetlands, mats shall be utilized to minimize soil disturbance.

Use Exempt Allowable Allowable
with
Mitigation
Vegetation management:
 Emergency fire control measures provided that topography
is restored
 Periodic mowing and harvesting of plant products in Zone
2 only
 Planting vegetation to improve water quality protection
function of the riparian buffer
 Pruning forest vegetation provided that the health and
function of the forest vegetation is not compromised
 Removal of individual trees which are in danger of causing
damage to dwellings, other structures or human life
 Removal of individual trees which are dead, diseased or
damaged
 Removal of poison ivy
 Removal of understory nuisance vegetation listed in
Appendix III of: Smith, Cherri L. 1998. Exotic Plant
Guidelines. Department of Environment and Natural
Resources. Division of Parks and Recreation. Raleigh, NC.
Guideline #30

X

X

X

X

X

X

X

X

Water dependent structures:
 Water dependent structures as defined in 15A NCAC 02B
.0202 where installation and use do not result in disturbance
to riparian buffers
 Water dependent structures as defined in 15A NCAC 02B
.0202 where installation and use result in disturbance to
riparian buffers

X

X

Water wells:
 Single family residential water wells
 All other water wells

X

X

Wetland, stream and buffer restoration that results in impacts
to the riparian buffers:
 Wetland, stream and buffer restoration that requires DWQ
approval for the use of a 401 Water Quality Certification
 Wetland, stream and buffer restoration that does not require
DWQ approval for the use of a 401 Water Quality
Certification

X

X

(7) REQUIREMENTS FOR CATEGORIES OF USES. Uses designated as exempt, allowable, and allowable
with mitigation in Item (6) of this Rule and prohibited in this Rule shall have the following requirements:
(a) EXEMPT. Uses designated as exempt are allowed within the riparian buffer. Exempt uses shall
be designed, constructed and maintained to minimize soil disturbance and to provide the
maximum water quality protection practicable. In addition, exempt uses shall meet requirements
listed in Item (6) of this Rule for the specific use.
(b) ALLOWABLE. Uses designated as allowable may proceed within the riparian buffer provided
that there are no practical alternatives to the requested use pursuant to Item (8) of this Rule and
that disturbance to the buffer is minimized. These uses require prior written authorization from
the Division or from a local government with an approved riparian buffer ordinance pursuant to
Sub-Item (3)(b) of this Rule.
(c) ALLOWABLE WITH MITIGATION. Uses designated as allowable with mitigation may
proceed within the riparian buffer provided that there are no practical alternatives to the requested
use pursuant to Item (8) of this Rule and an appropriate mitigation strategy has been approved
pursuant to Item (10) of this Rule. These uses require written authorization from the Division or
the approved local government.
(d) PROHIBITED. All uses not designated as exempt, allowable or allowable with mitigation are
considered prohibited and may not proceed within the riparian buffer unless a variance is granted
pursuant to Item (9) of this Rule. Mitigation may be required as one condition of a variance
approval.
(8) DETERMINATION OF "NO PRACTICAL ALTERNATIVES." Persons who wish to undertake uses
designated as allowable or allowable with mitigation shall submit a request for a "no practical alternatives"
determination to the Division or to the approved local government. The applicant shall certify that the
criteria identified in Sub-Item (8)(a) of this Rule are met. The Division or the approved local government
shall grant an Authorization Certificate upon a "no practical alternatives" determination. The procedure for
making an Authorization Certificate shall be as follows:
(a) For any request for an Authorization Certificate, the Division or the approved local government
shall review the entire project and make a finding of fact as to whether the following requirements
have been met in support of a "no practical alternatives" determination:
(i) The basic project purpose cannot be practically accomplished in a manner that would
better minimize disturbance, preserve aquatic life and habitat, and protect water quality.
(ii) The use cannot practically be reduced in size or density, reconfigured or redesigned to
better minimize disturbance, preserve aquatic life and habitat, and protect water quality.
(iii) Best management practices shall be used if necessary to minimize disturbance, preserve
aquatic life and habitat, and protect water quality.
(b) Requests for an Authorization Certificate shall be reviewed and either approved or denied within
60 days of receipt of a complete submission based on the criteria in Sub-Item (8)(a) of this Rule
by either the Division or the approved local government. Failure to issue an approval or denial
within 60 days shall constitute that the applicant has demonstrated "no practical alternatives." An
Authorization Certificate shall be issued to the applicant, unless:
(i) The applicant agrees, in writing, to a longer period;
(ii) Applicant fails to furnish requested information necessary to the Division's or approved
local government's decision; or
(iii) Information necessary to the Division's or approved local government's decision.
The Division or the approved local government may attach conditions to the Authorization
Certificate that support the purpose, spirit and intent of the riparian buffer protection program.
Complete submissions to the Division shall use the appropriate Pre-Construction Notification
(PCN) Application Form and shall submit the completed form to the Division. Complete
submissions to the delegated local government shall include the following unless otherwise
identified within an approved local government ordinance:
(i) The name, address and phone number of the applicant;
(ii) The nature of the activity to be conducted by the applicant;
(iii) The location of the activity, including the jurisdiction;
(iv) A map of sufficient detail to accurately 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;
(v) An explanation of why this plan for the activity cannot be practically accomplished,
reduced or reconfigured to better minimize disturbance to the riparian buffer, preserve
aquatic life and habitat and protect water quality; and
(vi) Plans for any best management practices proposed to be used to control the impacts
associated with the activity.
(c) Any disputes over determinations regarding Authorization Certificates shall be referred to the
Director for a decision. The Director's decision is subject to review as provided in G.S. 150B
Articles 3 and 4.
(9) VARIANCES. Persons who wish to undertake uses designated as prohibited may pursue a variance. The
Division or the appropriate approved local government shall make all of the following findings of fact and
may grant variances. The variance request procedure shall be as follows:
(a) For any variance request, the Division or the approved local government shall make a finding of
fact to insure that the following requirements have been met:
(i) There are practical difficulties or hardships that prevent compliance with the riparian
buffer protection requirements. Practical difficulties or unnecessary hardships shall be
evaluated in accordance with the following:
(A) If the applicant complies with the provisions of this Rule, he or she can secure
no reasonable return from, nor make reasonable use of, his or her property.
Merely proving that the variance would permit a greater profit from the
property shall not be considered adequate justification for a variance.
Moreover, the Division or the approved local government shall consider
whether the variance is the minimum possible deviation from the terms of this
Rule that shall make reasonable use of the property possible.
(B) The hardship results from application of this Rule to the property rather than
from other factors such as deed restrictions or other hardship.
(C) The hardship is due to the physical nature of the applicant's property, such as
its size, shape, or topography, which is different from that of neighboring
property.
(D) The applicant did not cause the hardship by knowingly or unknowingly
violating this Rule.
(E) The hardship is unique to the applicant's property, rather than the result of
conditions that are widespread. If other properties are equally subject to the
hardship created in the restriction, then granting a variance would be a special
privilege denied to others, and would not promote equal justice.
(ii) The variance is in harmony with the general purpose and intent of the Catawba River
Basin’s riparian buffer protection requirements and preserves its spirit; and
(iii) In granting the variance, the public safety and welfare have been assured, water quality
has been protected, and justice has been done.
(b) Variance requests shall be reviewed and approved based on the criteria in Sub-Item (9)(a) of this
Rule by either the Division or the approved local government pursuant to G.S. 153A, Article 18,
or G.S. 160A, Article 19. The Division or the approved local government may attach conditions
to the variance approval that support the purpose, spirit and intent of the riparian buffer protection
program. Requests for appeals of decisions made by the Division shall be made to the Office of
Administrative Hearings. Request for appeals of decisions made by the approved local
government shall be made to the appropriate Board of Adjustment under G.S. 160A-388 or G.S.
153A-345 for determinations made by the approved local government.
(10) MITIGATION. Persons who wish to undertake uses designated as allowable with mitigation shall meet the
following requirements in order to proceed with their proposed use.
(a) Obtain a determination of "no practical alternatives" to the proposed use pursuant to Item (8) of
this Rule.
(b) Obtain approval for a mitigation proposal pursuant to 15A NCAC 02B .0244.
(11) REQUIREMENTS SPECIFIC TO FOREST HARVESTING. The following requirements shall apply for
forest harvesting operations and practices.
(a) The following measures shall apply in Zone 1 of the riparian buffer:
(i) Logging decks and sawmill sites shall not be placed in the riparian buffer.
(ii) Timber felling shall be directed away from the water body.
(iii) Skidding shall be directed away from the water body and shall be done in a manner that
minimizes soil disturbance and prevents the creation of channels or ruts in accordance
with 15A NCAC 01I .0203 as enforced by the Division of Forest Resources.
(iv) Individual trees may be treated to maintain or improve their health, form or vigor.
(v) Harvesting of dead or infected trees or application of pesticides necessary to prevent or
control tree pest and disease infestation shall be allowed. These practices must be
approved by the Division of Forest Resources for a specific site pursuant to this Rule.
The Division of Forest Resources must notify the Division of all approvals.
(vi) Removal of individual trees that are in danger of causing damage to structures or human
life shall be allowed.
(vii) Natural regeneration of forest vegetation and planting of trees, shrubs, or ground cover
plants to enhance the riparian buffer shall be allowed provided that soil disturbance is
minimized. Plantings shall consist primarily of native species.
(viii) Prescribed burns shall not be allowed.
(ix) Application of fertilizer shall not be allowed except as necessary for permanent
stabilization. Broadcast application of fertilizer or herbicides to the adjacent forest stand
shall be conducted so that the chemicals are not applied directly to or allowed to drift
into the riparian buffer.
(b) In Zone 1, forest vegetation shall be protected and maintained. Selective harvest as provided for
below is allowed on forest lands that have a deferment for use value under forestry in accordance
with G.S. 105-277.2 through G.S. 277.6 or on forest lands that have a forest management plan
prepared or approved by a registered professional forester. Copies of either the approval of the
deferment for use value under forestry or the forest management plan shall be produced upon
request. For such forest lands, selective harvest is allowed in accordance with the following:
(i) Tracked or wheeled vehicles are not permitted except at stream crossings designed,
constructed and maintained in accordance with 15A NCAC 01I .0203 as enforced by the
Division of Forest Resources.
(ii) Soil disturbing site preparation activities are not allowed.
(iii) Trees shall be removed with the minimum disturbance to the soil and residual
vegetation.
(iv) The following provisions for selective harvesting shall be met:
(A) The first 10 feet of Zone 1 directly adjacent to the stream or waterbody shall be
undisturbed except for the removal of individual high value trees as defined.
(B) In the outer 20 feet of Zone 1, trees greater than 12-inch diameter stump may
be cut and removed. The reentry time for harvest shall be no more frequent
than every 15 years, except on forest plantations where the reentry time shall be
no more frequent than every five years. In either case, the trees remaining after
harvest shall be as evenly spaced as possible.
(c) In Zone 2, harvesting and regeneration of the forest stand shall be allowed in accordance with
15A NCAC 01I .0100 – .0200 as enforced by the Division of Forest Resources.
(12) OTHER LAWS, REGULATIONS AND PERMITS. In all cases, compliance with this Rule does not
preclude the requirement to comply with all federal, state and local regulations and laws. Whichever
regulation is more restrictive shall apply.

History Note: Authority G.S. 143-214.1; 143-214.7; 143-215.3(a)(1); S.L. 1999, c. 329, s. 7.1; S.B 824-2003;
Temporary Adoption Eff. June 30, 2001; (exempt from 270 day requirement - S.L. 2001-418 & S.L. 2003-
340).
Eff. August 1, 2004.

15A NCAC 02B .0244 CATAWBA RIVER BASIN: MITIGATION PROGRAM FOR PROTECTION AND
MAINTENANCE OF EXISTING RIPARIAN BUFFERS IN THE CATAWBA RIVER BASIN

History Note: Authority G.S. 143-214.1; 143-214.7; 143-215.3(a)(1); S.L. 1999, c. 329, s. 7.1; S.B. 824-2003;
Temporary Adoption Eff. June 30, 2001 (exempt from 270 day requirement - S.L. 2001-418 & S.L. 2003-
340);
Eff. August 1, 2004;
Repealed Eff. October 24, 2014.

15A NCAC 02B .0245 RESERVED FOR FUTURE CODIFICATION
15A NCAC 02B .0246 RESERVED FOR FUTURE CODIFICATION
15A NCAC 02B .0247 RESERVED FOR FUTURE CODIFICATION

15A NCAC 02B .0248 RANDLEMAN LAKE WATER SUPPLY WATERSHED: NUTRIENT MANAGEMENT
STRATEGY
(a) 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). The following rules shall be implemented for the entire drainage area upstream of the Randleman Lake Dam:
(1) Rule .0249 of this Section for Wastewater Discharges,
(2) Rule .0250 of this Section for Protection and Maintenance of Riparian Areas, and
(3) Rule .0251 of this Section for Urban Stormwater Management.
(b) Failure to meet the requirements of the Rules in this Section may result in the imposition of enforcement measures as
authorized by G.S. 143-215.6A (civil penalties), G.S. 143-215.6B (criminal penalties), and G.S. 143-215.6C (injunctive
relief).
History Note: Authority G.S. 143-214.1; 143-214.5; 143-215.3(a)(1); 143-215.6A; 143-215.6B; 143-215.6C;
Eff. April 1, 1999;
Amended Eff. May 1, 2010.

15A NCAC 02B .0249 RANDLEMAN LAKE WATER SUPPLY WATERSHED: WASTEWATER DISCHARGE
REQUIREMENTS
The following is the National Pollutant Discharge Elimination System (NPDES) wastewater discharge management strategy
for the Randleman Lake watershed. For purposes of this Rule, permitted wastewater discharges means those facilities
permitted to discharge domestic wastewater or wastewaters containing phosphorus:
(1) The City of High Point=s Eastside facility shall meet a total phosphorus concentration predicted to provide
a level of water quality in the Randleman Lake which meets all designated uses of those waters.
(2) 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 to provide a level of water quality in the
Randleman Lake which meets all designated uses of those waters.

History Note: Authority G. S. 143-214.1; 143-214.5; 143-215.3(a)(1);
Eff. April 1, 1999.

15A NCAC 02B .0250 RANDLEMAN LAKE WATER SUPPLY WATERSHED: PROTECTION AND
MAINTENANCE OF EXISTING RIPARIAN BUFFERS
Protection of the pollutant removal and other water quality services provided by riparian buffers throughout the watershed is
an important element of the overall Randleman water supply pollutant strategy. The following is the management strategy for
maintaining and protecting riparian areas in the Randleman Lake watershed:
(1) PURPOSE. The purposes of this Rule shall be for the local governments listed in this Rule, and in certain
cases stated in this Rule the Division, to protect and preserve existing riparian buffers throughout the
Randleman Lake watershed as generally described in this Rule, in order to maintain their nutrient removal
and stream protection functions. Additionally this Rule will help protect the water supply uses of
Randleman Lake and of designated water supplies throughout the Randleman Lake water supply watershed.
Local governments with jurisdictions in Randleman Lake watershed shall establish programs to meet or
exceed the minimum requirements of this Rule. However, the Division shall assume responsibility for
applying the requirements of this Rule to activities listed in Item (3) of this Rule. The requirements of this
Rule shall supersede all buffer requirements stated in Rules 15A NCAC 02B .0214 through .0216 as
applied to WS-II, WS-III, and WS-IV waters in the Randleman Lake watershed. Parties subject to this
Rule may choose to implement more stringent rules, including the one-hundred foot buffer requirement set
out in Sub-item (3)(b)(i) of Rules 15A NCAC 02B .0214 through .0216 for high-density developments.
(2) DEFINITIONS. For the purpose of this Rule, these terms shall be defined as follows:
(a) 'Access Trails' means pedestrian trails constructed of pervious or impervious surfaces, and related
structures to access a surface water including (but not limited to) boardwalks, steps, rails, signage;
(b) 'Archaeological Activities' means activities conducted by a Registered Professional Archaeologist
(RPA);
(c) 'Airport Facilities' means all properties, facilities, buildings, structures, and activities that satisfy
or otherwise fall within the scope of one or more of the definition or uses of the words or phrases
'air navigation facility', 'airport', or 'airport protection privileges' under G.S. 63-1; the definition of
'aeronautical facilities' in G.S. 63-79(1); the phrase 'airport facilities' as used in G.S. 159-48(b)(1);
the phrase 'aeronautical facilities' as defined in G.S. 159-81 and G.S. 159-97; and the phrase
'airport facilities and improvements' as used in Article V, Section 13, of the North Carolina
Constitution. Airport facilities shall include without limitation, any and all of the following:
airports, airport maintenance facilities, clear zones, drainage ditches, fields, hangars, landing
lighting, airport and airport-related offices, parking facilities, related navigational and signal
systems, runways, stormwater outfalls, terminals, terminal shops, and all appurtenant areas used or
suitable for airport buildings or other airport facilities, and all appurtenant rights-of-way;
restricted landing areas; any structures, mechanisms, lights, beacons, marks, communicating
systems, or other instrumentalities or devices used or useful as an aid, or constituting an advantage
or convenience to the safe taking off, navigation, and landing of aircraft, or the safe and efficient
operation or maintenance of an airport or restricted landing area; easements through, or interests
in, air space over land or water, interests in airport hazards outside the boundaries of airports or
restricted landing areas, and other protection privileges, the acquisition or control of which is
necessary to ensure safe approaches to the landing areas of airports and restricted landing areas,
and the safe and efficient operation thereof and any combination of any or all of such facilities.
Notwithstanding the foregoing, the following shall not be included in the definition of 'airport
facilities':
(i) Satellite parking facilities;
(ii) Retail and commercial development outside of the terminal area, such as rental car
facilities; and
(iii) Other secondary development, such as hotels, industrial facilities, free-standing offices
and other similar buildings, so long as these facilities are not directly associated with the
operation of the airport, and are not operated by a unit of government or special
governmental entity such as an airport authority;
(d) 'Channel' means a natural water-carrying trough cut vertically into low areas of the land surface by
erosive action of concentrated flowing water or a ditch or canal excavated for the flow of water;
(e) 'DBH' means diameter at breast height of a tree measured at 4.5 feet above ground surface level;
(f) Ditch means a man-made, open drainage way in or into which excess surface water or
groundwater from land, stormwater runoff, or floodwaters flow either continuously or
intermittently;
(g) 'Ephemeral stream' means a feature that carries stormwater in direct response to precipitation with
water flowing only during and shortly after large precipitation events. An ephemeral stream may
or may not have a well-defined channel, the aquatic bed is always above the water table, and
stormwater runoff is the primary source of water. An ephemeral stream typically lacks the
biological, hydrological, and physical characteristics commonly associated with the continuous or
intermittent conveyance of water;
(h) 'Forest plantation' means an area of planted trees that may be conifers (pines) or hardwoods. On a
plantation, the intended crop trees are planted rather than naturally regenerated from seed on the
site, coppice (sprouting), or seed that is blown or carried into the site;
(i) 'Greenway / Hiking Trails' means pedestrian trails constructed of pervious and impervious
surfaces and related structures including but not limited to boardwalks, steps, rails, and signage,
and that generally run parallel to the surface water;
(j) 'High Value Tree' means a tree that meets or exceeds the following standards: for pine species, 14
inch DBH or greater or 18 inch or greater stump diameter; and, for hardwoods and wetland
species, 16 inch DBH or greater or 24 inch or greater stump diameter;
(k) 'Intermittent stream' means a well-defined channel that contains a continuous flow of water for
only part of the year, typically during winter and spring when the aquatic bed is below the water
table. The flow may be heavily supplemented by stormwater runoff. An intermittent stream often
lacks the biological and hydrological characteristics commonly associated with the continuous
conveyance of water;
(l) 'Modified natural stream' means an on-site channelization or relocation of a stream channel and
subsequent relocation of the intermittent or perennial flow as evidenced by topographic alterations
in the immediate watershed. A modified natural stream must have the typical biological,
hydrological, and physical characteristics commonly associated with the continuous conveyance
of water;
(m) 'Perennial stream' means a well-defined channel that contains water year round during a year of
normal rainfall with the aquatic bed located below the water table for most of the year.
Groundwater is the primary source of water for a perennial stream, but it also carries stormwater
runoff. A perennial stream exhibits the typical biological, hydrological, and physical
characteristics commonly associated with the continuous conveyance of water;
(n) 'Perennial waterbody' means a natural or man-made watershed that stores surface water
permanently at depths sufficient to preclude growth of rooted plants, including lakes, ponds,
sounds, non-stream estuaries and ocean. For the purpose of the State's riparian buffer protection
program, the waterbody must be part of a natural drainage way (i.e., connected by surface flow to
a stream);
(o) 'Shoreline stabilization' is the in-place stabilization of an eroding shoreline. Stabilization
techniques which include "soft" methods or natural materials (such as root wads, or rock vanes)
may be considered as part of a restoration design. However, stabilization techniques that consist
primarily of "hard" engineering, such as concrete lined channels, rip rap, or gabions, while
providing bank stabilization, shall not be considered stream restoration;
(p) 'Stream restoration' is defined as the process of converting an unstable, altered or degraded stream
corridor, including adjacent riparian zone and flood-prone areas to its natural or referenced, stable
conditions considering recent and future watershed conditions. This process also includes
restoring the geomorphic dimension, pattern, and profile as well as biological and chemical
integrity, including transport of water and sediment produced by the stream's watershed in order to
achieve dynamic equilibrium. 'Referenced' or 'referenced reach' means a stable stream that is in
dynamic equilibrium with its valley and contributing watershed. A reference reach can be used to
develop natural channel design criteria for stream restoration projects. 'Stream' means a body of
concentrated flowing water in a natural low area or natural channel on the land surface;
(q) 'Stump diameter' means the diameter of a tree measured at six inches above the ground surface
level;
(r) 'Surface waters' means all waters of the state as defined in G.S. 143-212 except underground
waters and wetlands;
(s) 'Temporary road' means a road constructed temporarily for equipment access to build or replace
hydraulic conveyance structures such as bridges, culverts or pipes or water dependent structures,
or to maintain public traffic during construction; and
(t) 'Tree' means a woody plant with a DBH equal to or exceeding five inches or a stump diameter
exceeding six inches.
(3) APPLICABILITY. This Rule shall apply to all local governments with jurisdictions in the Randleman
Lake watershed. Local governments shall develop riparian buffer protection programs for approval by the
Division incorporating the minimum standards set out throughout this Rule and shall apply the
requirements of this Rule throughout their jurisdictions within the Randleman watershed except where the
Division shall exercise jurisdiction. For the following types of buffer activities in the Randleman
watershed, wherever local governments are referenced in this Rule, the Division shall implement applicable
requirements to the exclusion of local governments:
(a) Activities conducted under authority of the State;
(b) Activities conducted under the authority of the United States;
(c) Activities conducted under the authority of multiple jurisdictions;
(d) Activities conducted under the authority of local units of government;
(e) Forest harvesting activities described in Item 16 of this Rule; and
(f) Agricultural activities.
(4) REQUIREMENTS. The following minimum criteria shall be used for identifying regulated buffers. All
local governments subject to this Rule shall develop riparian buffer protection programs and ordinances for
approval by the Commission, incorporating the minimum standards contained in Rule. This Rule shall
apply to 50 foot wide riparian buffers directly adjacent to surface waters in the Randleman watershed
(intermittent and perennial streams, lakes, reservoirs, and ponds) excluding wetlands. Wetlands adjacent to
surface waters or within 50 feet of surface waters, shall be considered as part of the riparian buffer but are
regulated pursuant to 15A NCAC 02H. 0506.
(a) Surface waters shall be subject to this Rule if the feature is approximately shown on any of the
following references, or if there is other site specific evidence that indicates to the Division or
local government the presence of waters not shown on any of these maps:
(i) The most recent version of the United States Geological Survey 1:24,000 scale (7.5
minute quadrangle) topographic maps;
(ii) The most recent version of the hardcopy soil survey maps developed by USDA-Natural
Resource Conservation Service; or
(iii) A map approved by the Geographic Information Coordinating Council and by the
Commission. Prior to approving a map under this sub-division the Commission shall
provide a 30-day public notice and opportunity for comment;
(b) Where the specific origination point of an intermittent or perennial stream is in question, parties
subject to this Rule shall use the Division publication, Identification Methods for the Origins of
Intermittent and Perennial Streams, v 3.1 February 28, 2005 available at:
http://portal.ncdenr.org/web/wq/swp/ws/401/waterresources/streamdeterminations to
establish that point;
(c) Local governments may develop stream network maps for the watershed based on maps
referenced in Sub-Item (4)(a) of this Rule or criteria identified in Sub-Item (4)(b) and of this Rule.
These maps shall be submitted to the Director for review to establish that proper methods were
used by any local government wishing to use such maps for implementation of riparian area
protection. The local map must be at least as accurate as the map identified in Sub-Items (4)(a)(i)
and (4)(a)(ii) and must use the stream identification manual as referenced in Item (4)(b) of this
Rule. Riparian areas shall be protected and maintained in accordance with this Rule on all sides
of surface waters in the Randleman Lake watershed as delineated on these approved stream
network maps;
(d) Personnel from delegated local governments that are assigned to perform stream determinations,
shall successfully complete the Division's Surface Water Identification Training and Certification
Class within three years of the effective revision date of this Rule. A delegated local government
shall retain personnel on staff who have successfully completed the Division's class at all times
with the exception of staff vacancies and class scheduling problems. At any time that a local
government does not have a certified individual retained on staff they shall notify the Division and
indicate a proposed schedule to secure a certified staff member;
(e) All local governments that have land use authority within the Randleman Lake water supply
watershed shall adopt and enforce this Rule through local water supply and other local ordinances.
Ordinances shall require that all riparian protection areas are recorded on new or modified plats.
No new clearing, grading, or development shall take place and no new building permits shall be
issued in violation of this Rule; and
(f) Parties subject to this Rule shall abide by all State rules and laws regarding waters of the state
including Rules 15A NCAC 02H .0500, 15A NCAC 02H .1300, and Sections 401 and 404 of the
Federal Clean Water Act.
(5) EXEMPTION REQUIREMENTS TO WHEN AN ON-SITE DETERMINATION SHOWS THAT
SURFACE WATERS ARE NOT PRESENT. When a landowner or other affected party believes that the
maps have inaccurately depicted surface waters, he or she shall consult the delegated local authority. Upon
request, the delegated local authority shall make onsite determinations. Local governments may also accept
the results of site assessments made by other parties who have successfully completed the Division's
Surface Water Identification Training Certification course and are sanctioned by the Division to make such
determinations. Any disputes over on-site determinations shall be referred to the local Board of Adjustment
or other local appeals process in writing. For projects proposed for state and federal lands, any disputes
shall be referred to the Director in writing. A determination of the Director as to the accuracy or
application of the maps is subject to review as provided in Articles 3 and 4 of G.S. 150B. Surface waters
that appear on the maps shall not be subject to this Rule if an on-site determination shows that they fall into
one of the following categories:
(a) Ditches and manmade conveyances, to include manmade stormwater conveyances, other than
modified natural streams, unless the ditch or manmade conveyance delivers untreated stormwater
runoff from an adjacent source directly to an intermittent or perennial stream;
(b) Areas mapped as intermittent streams, perennial streams, lakes, ponds, or estuaries on the most
recent versions of United States Geological Survey 1:24,000 scale (7.5 minute quadrangle)
topographic maps, hard-copy soil survey maps or other EMC approved stream maps where no
perennial waterbody, intermittent waterbody, lake, pond or estuary actually exists on the ground;
(c) Ephemeral streams; and
(d) Ponds and lakes created for animal watering, irrigation, or other agricultural uses that are not part
of a natural drainage way that is classified in accordance with 15A NCAC 02B .0100. Ponds are
part of a natural drainage way when they are hydrologically connected (i.e. the pond is fed by an
intermittent or perennial stream) or when they have a direct discharge point to an intermittent or
perennial stream.
(6) EXEMPTION TO REQUIREMENTS WHEN EXISTING USES ARE PRESENT AND ONGOING. This
Rule shall not apply to portions of the riparian buffer where a use is existing and ongoing according to the
following:
(a) A use shall be considered existing and ongoing if it was present within the riparian buffer as of the
effective date of the local ordinance or local ordinances enforcing this Rule and has continued to
exist since that time. For state and federal entities, a use shall be considered existing and ongoing
if it was present within the riparian buffer as of the effective date of this Rule and has continued to
exist since that time. Existing uses shall include, but not limited to, agriculture, buildings,
industrial facilities, commercial areas, transportation facilities, maintained lawns, utility lines and
on-site sanitary sewage systems any of which involve either specific, periodic management of
vegetation or displacement of vegetation by structures or regular activity. Only the portion of the
riparian buffer that contains the footprint of the existing use is exempt from this Rule. Change of
ownership through purchase or inheritance is not a change of use. Activities necessary to
maintain uses are allowed provided that the site remains similarly vegetated, no impervious
surface is added within 50 feet of the surface water where it did not previously exist as of the
effective date of the local ordinance or local ordinances enforcing this Rule, and existing diffuse
flow is maintained. Grading and revegetating Zone 2 is allowed provided that the health of the
vegetation in Zone 1 is not compromised, the ground is stabilized and existing diffuse flow is
maintained;
(b) A use shall be considered existing if projects or proposed development are determined by the
local government, or the Director for the cases involving state or federal entities, to meet at least
one of the following criteria:
(i) Project requires a 401 Certification/404 permit and these were issued prior to the
effective date of the local program enforcing this Rule, and prior to the effective date of
this Rule for Division-administered activities listed in Item (3) of this Rule;
(ii) Projects that require a state permit, such as landfills, NPDES wastewater discharges,
land application of residuals and road construction activities, have begun construction or
are under contract to begin construction and had received all required state permits and
certifications prior to the effective date of the local program implementing this Rule, and
prior to the effective date of this Rule for Division-administered activities listed in Item
(3) of this Rule;
(iii) Projects that are being reviewed through the Clean Water Act Section 404/National
Environmental Policy Act Merger 01 Process (published by the US Army Corps of
Engineers and Federal Highway Administration, 2003) or its immediate successor and
that have reached agreement with DENR on avoidance and minimization by the effective
date of the local program enforcing this Rule, and prior to the effective date of this Rule
for state and federal entities; or
(iv) Projects that are not required to be reviewed by the Clean Water Act Section
404/National Environmental Policy Act Merger 01 Process (published by the US Army
Corps of Engineers and Federal Highway Administration, 2003) or its immediate
successor if a Finding of No Significant Impact has been issued for the project and the
project has the written approval of the local government prior to the effective date of the
local program enforcing this Rule, or the written approval of the Division prior to the
effective date of this Rule for state and federal entities: and
(c) This Rule shall apply at the time an existing use is changed to another use. Change of use shall
include, but not limited to the initiation of any activity not defined as existing and ongoing in
either Sub-Item (6)(a) or (6)(b) of this Rule.
(7) ZONES OF THE RIPARIAN BUFFER. The protected riparian buffer shall have two zones as follows:
(a) Zone 1 shall consist of a vegetated area that is undisturbed except for uses provided for in Item (9)
of this Rule. The location of Zone 1 shall be as follows:
(i) For intermittent and perennial streams, Zone 1 shall begin at the most landward limit of
the top of the bank or the rooted herbaceous vegetation and extend landward a distance
of 30 feet on all sides of the surface water, measured horizontally on a line perpendicular
to a vertical line marking the edge of the top of the bank; and
(ii) For ponds, lakes and reservoirs located within a natural drainage way, Zone 1 shall begin
at the most landward limit of the normal water level or the rooted herbaceous vegetation
and extend landward a distance of 30 feet, measured horizontally on a line perpendicular
to a vertical line marking the edge of the surface water or rooted herbaceous vegetation:
and
(b) Zone 2 shall consist of a stable, vegetated area that is undisturbed except for uses provided for in
Item (9) of this Rule. Grading and revegetating Zone 2 is allowed provided that the health of the
vegetation in Zone 1 is not compromised. Zone 2 shall begin at the outer edge of Zone 1 and
extend landward 20 feet as measured horizontally on a line perpendicular to the surface water.
The combined width of Zones 1 and 2 shall be 50 feet on all sides of the surface water.
(8) DIFFUSE FLOW REQUIREMENT. Diffuse flow of runoff shall be maintained in the riparian buffer by
dispersing concentrated flow and reestablishing vegetation.
(a) Concentrated runoff from new ditches or manmade conveyances shall be converted to diffuse flow
at non-erosive velocities before the runoff enters Zone 2 of the riparian buffer;
(b) Periodic corrective action to restore diffuse flow shall be taken if necessary to impede the
formation of erosion gullies; and
(c) No new stormwater conveyances are allowed through the buffers except for those specified in
Item (9) of this Rule addressing stormwater management ponds drainage ditches, roadside ditches,
and stormwater conveyances.
(9) TABLE OF USES. The following chart sets out the uses and their designation under this Rule as exempt,
potentially allowable, or potentially allowable with mitigation. All uses not designated as exempt,
potentially allowable, or potentially allowable with mitigation are considered prohibited and may not
proceed within the riparian buffer unless a variance is granted pursuant to Item (12) of this Rule. The
requirements for each category are given in Item (10) of this Rule.

Use Exempt Potentially
Allowable
Potentially
Allowable
with
Mitigation
Use Exempt Potentially
Allowable
Potentially
Allowable
with
Mitigation
Access trails: Pedestrian access trails leading to the
surface water, docks, fishing piers, boat ramps and other
water dependent activities:
 Pedestrian access trails that are restricted to the
minimum width practicable and do not exceed 4 feet in
width of buffer disturbance, and provided that
installation and use does not result in removal of trees
as defined in this Rule and no impervious surface is
added to the riparian buffer
 Pedestrian access trails that exceed 4 feet in width of
buffer disturbance, the installation or use results in
removal of trees as defined in this Rule or impervious
surface is added to the riparian buffer

X

X

Airport facilities:
 Airport facilities that impact equal to or less than 150
linear feet or one-third of an acre of riparian buffer
 Airport facilities that impact greater than 150 linear
feet or one-third of an acre of riparian buffer
 Activities necessary to comply with FAA requirements
(e.g. radar uses or landing strips)1

X

X

X
Archaeological activities:
 In Zones 1 and 2 and are designed, constructed and
maintained to provide the maximum sediment removal
and erosion protection, to have the least adverse effects
on aquatic life and habitat, and to protect water quality
to the maximum extent practical.

X

Bridges X
Canoe access provided that installation and use does not
result in removal of trees as defined in the Rule and no
impervious surface is added to the buffer.

X

Dam maintenance activities:
 Dam maintenance activities that do not cause
additional buffer disturbance beyond the footprint of
the existing dam or those covered under a U.S. Army
Corps of Engineers Nationwide Permit
 Dam maintenance activities that do cause additional
buffer disturbance beyond the footprint of the existing
dam or those not covered under a U.S. Army Corps of
Engineers Nationwide Permit

X

X

Drainage ditches, roadside ditches and stormwater
conveyances through riparian buffers:
 New stormwater flows to existing drainage ditches,
roadside ditches, and stormwater conveyances
provided flows do not alter or result in the need to alter
the conveyance and are managed to minimize the
sediment, nutrients and other pollution that convey to
waterbodies
 Realignment of existing roadside drainage ditches
retaining the design dimensions, provided that no
additional travel lanes are added and the minimum

X

X

X

Use Exempt Potentially
Allowable
Potentially
Allowable
with
Mitigation
required roadway typical section is used based on
traffic and safety considerations
 New or altered drainage ditches, roadside ditches and
stormwater outfalls provided that a stormwater
management facility is installed to control nitrogen and
attenuate flow before the conveyance discharges
through the riparian buffer
 New drainage ditches, roadside ditches and stormwater
conveyances applicable to linear projects that do not
provide a stormwater management facility due to
topography constraints provided that other practicable
BMPs are employed

X

Drainage of a pond in a natural drainage way provided
that a new riparian buffer that meets the requirements of
Items (7) and (8) of this Rule is established adjacent to
the new channel.
X
Driveway crossings of streams and other surface waters
subject to this Rule:
 Driveway crossings on single family residential lots
that disturb equal to or less than 25 linear feet or 2,500
square feet of riparian buffer
 Driveway crossings on single family residential lots
that disturb greater than 25linear feet or 2,500 square
feet of riparian buffer
 In a subdivision that cumulatively disturb equal to or
less than 150 linear feet or one-third of an acre of
riparian buffer
 In a subdivision that cumulatively disturb greater than
150 linear feet or one-third of an acre of riparian buffer

X

X

X

X
Driveway impacts other than crossing of a stream or
other surface waters subject to this Rule

X
Fences:
 Fences provided that disturbance is minimized and
installation does not result in removal of trees as
defined in this Rule
 Fences provided that disturbance is minimized and
installation results in removal of trees as defined in this
Rule

X

X

Forest harvesting - see Item (16) of this Rule
Fertilizer Application:
One-time fertilizer application to establish vegetation

X

Grading and revegetation in Zone 2 provided that diffuse
flow and the health of existing vegetation in Zone 1 is not
compromised and disturbed areas are revegetated with
native vegetation
X

Greenway / hiking trails:
Designed, constructed and maintained to provide the
maximum nutrient removal and erosion protection, to
have the least adverse effects on aquatic life and habitat,
and to protect water quality to the maximum extent

X

Use Exempt Potentially
Allowable
Potentially
Allowable
with
Mitigation
practical.
Historic preservation:
Designed, constructed and maintained to provide the
maximum nutrient removal and erosion protection, to
have the least adverse effects on aquatic life and habitat,
and to protect water quality to the maximum extent
practical

X

Maintenance access of modified natural streams: a
grassed travel way on one side of the water body when
less impacting alternatives are not practical. The width
and specifications of the travel way shall be only that
needed for equipment access and operation. The travel
way shall be located to maximize stream shading.

X

Mining activities:
 Mining activities that are covered by the Mining Act
provided that new riparian buffers that meet the
requirements of Items (7) and (8) of this Rule are
established adjacent to the relocated channels
 Mining activities that are not covered by the Mining
Act or where new riparian buffers that meet the
requirements or Items (7) and (8) of this Rule are not
established adjacent to the relocated channels
 Wastewater or mining dewatering wells with approved
NPDES permit

X

X

X
Playground equipment:
 Playground equipment on single family lots provided
that installation and use does not result in removal of
vegetation
 Playground equipment installed on lands other than
single-family lots or that requires removal of vegetation

X

X

Ponds in natural drainage ways, excluding dry ponds:
 New ponds provided that a riparian buffer that meets
the requirements of Items (7) & (8) of this Rule is
established adjacent to the pond
 New ponds where a riparian buffer that meets the
requirements of Items (7) & (8) of this Rule is NOT
established adjacent to the pond

X

X
Protection of existing structures, facilities and stream
banks when this requires additional disturbance of the
riparian buffer or the stream channel

X
Railroad impacts other than crossings of streams and
other surface waters subject to this Rule.
X
Railroad crossings of streams and other surface waters
subject to this Rule:
 Railroad crossings that impact equal to or less than 40
linear feet of riparian buffer
 Railroad crossings that impact greater than 40 linear
feet but equal to or less than 150 linear feet or one-
third of an acre of riparian buffer

X

X

X
Use Exempt Potentially
Allowable
Potentially
Allowable
with
Mitigation
 Railroad crossings that impact greater than 150 linear
feet or one-third of an acre of riparian buffer
Recreational and accessory structures:
 Total footprint of gazebos and sheds in Zone 2,
provided they are not prohibited under local water
supply ordinance less than or equal to 150 square feet
per lot
 Total footprint gazebos and sheds in Zone 2, provided
they are not prohibited under local water supply
ordinance of more than 150 square feet per lot
 Wooden-slatted decks (and associated steps) that are at
least 8 feet in height and vegetation is not removed
from Zone 1 for the installation and that it meets the
requirements of Items (7) and (8) of this Rule
 Wooden-slatted decks (and associated steps) that are
not at least 8 feet in height or vegetation is removed
from Zone 1 for the installation and that it meets the
requirements of Items (7) and (8) of this Rule

X

X

X

X
Removal of previous fill or debris provided that diffuse
flow is maintained and vegetation is restored X
Road crossings of streams and other surface waters
subject to this Rule:
 Road crossings that impact equal to or less than 40
linear feet of riparian buffer
 Road crossings that impact greater than 40 linear feet
but equal to or less than 150 linear feet or one-third of
an acre of riparian buffer
 Road crossings that impact greater than 150 linear feet
or one-third of an acre of riparian buffer

X

X

X

Road impacts other than crossings of streams and other
surface waters subject to this Rule
X
Road relocation of existing private access roads
associated with public road projects where necessary for
public safety:
 Less than or equal to 2,500 square feet of buffer
impact
 Greater than 2,500 square feet of buffer impact

X

X
Stormwater BMPs:
 Wet detention, bioretention, and constructed wetlands
in Zone 2 if diffuse flow of discharge is provided into
Zone 1
 Wet detention, bioretention, and constructed wetlands
in Zone 1

X

X
Scientific studies and stream gauging:
 In Zones 1 and 2 if they are designed, constructed and
maintained to protect water quality to the maximum
extent practical.

X

Streambank or shoreline stabilization X
Temporary roads provided that the disturbed area is
Use Exempt Potentially
Allowable
Potentially
Allowable
with
Mitigation
restored to pre-construction topographic and hydrologic
conditions immediately after construction is complete
and replanted immediately with comparable vegetation,
except that the tree planting may occur during the
dormant season. A one time application of fertilizer may
be utilized to establish vegetation. At the end of five
years the restored buffer shall comply with the restoration
criteria in Item (9) of Rule 15A NCAC 02B .0252:

 Less than or equal to 2,500 square feet of buffer
disturbance
 Greater than 2,500 square feet of buffer disturbance
 Associated with culvert installation, bridge
construction or replacement

X

X
X
Temporary sediment and erosion control devices
provided that the disturbed area is restored to pre-
construction topographic and hydrologic conditions
immediately after construction is complete and replanted
immediately with comparable vegetation, except that tree
planting may occur during the dormant season. A one-
time application of fertilizer may be used to establish
vegetation. At the end of five years the restored buffer
shall comply with the restoration criteria in Item (9) of
Rule 15A NCAC 02B .0252:
 In Zone 2 only provided ground cover is established
within the timeframes required by the Sedimentation
and Erosion Control Act and that the vegetation in
Zone 1 is not compromised and that discharge is
released as diffuse flow in accordance with Item (8) of
this Rule
 In Zones 1 and 2 to control impacts associated with
uses approved by the local government or that have
received a variance provided that sediment and erosion
control for upland areas is addressed to the maximum
extent practical outside the buffer
 In-stream temporary erosion and sediment control
measures for work within a stream channel that is
authorized under Section 401 and 404 of the Federal
Water Pollution Control Act
 In-stream temporary erosion and sediment control
measures for authorized work within a stream channel

X

X

X

X

Utility- Non-electric utility lines:
 Impacts other than perpendicular crossings in Zone 2
only4, 5
 Impacts other than perpendicular crossings in Zone 1
only4, 5

X

X
Utility-Non-electric utility line perpendicular crossings of
streams and other surface waters subject to this Rule4, 5:
 Perpendicular crossings that disturb equal to or less

X

Use Exempt Potentially
Allowable
Potentially
Allowable
with
Mitigation
than 40 linear feet of riparian buffer with a
maintenance corridor equal to or less than 10 feet in
width
 Perpendicular crossings that disturb equal to or less
than 40 linear feet of riparian buffer with a
maintenance corridor greater than 10 feet in width
 Perpendicular crossings that disturb greater than 40
linear feet but equal to or less than 150 linear feet of
riparian buffer with a maintenance corridor equal to or
less than 10 feet in width
 Perpendicular crossings that disturb greater than 40
linear feet but equal to or less than 150 linear feet of
riparian buffer with a maintenance corridor greater
than 10 feet in width
 Perpendicular crossings that disturb greater than 150
linear feet of riparian buffer

X

X

X

X
Utility-Overhead electric utility lines:
 Impacts other than perpendicular crossings in Zone 2
only4, 5
 Impacts other than perpendicular crossings in Zone 1
2,3,4, 5

X

X
Utility-Overhead electric utility line perpendicular
crossings of streams and other surface waters subject to
this Rule 2, 3,4, 5:
 Perpendicular crossings that disturb equal to or less
than 150 linear feet of riparian buffer
 Perpendicular crossings that disturb greater than 150
linear feet of riparian buffer

X

X

Utility-Underground electric utility lines:
 Impacts other than perpendicular crossings in Zone 2
only2
 Impacts other than perpendicular crossings in Zone 11,4

X
X

Utility-Underground electric utility line perpendicular
crossings of streams and other surface waters subject to
this Rule:
 Perpendicular crossings that disturb less than or equal
to 40 linear feet of riparian buffer3, 4, 5
 Perpendicular crossings that disturb greater than 40
linear feet of riparian buffer3, 4, 5

X

X

Vegetation management:
 Emergency fire control measures provided that
topography is restored
 Periodic mowing and harvesting of plant products in
Zone 2 only
 Planting vegetation to enhance the riparian buffer
 Pruning forest vegetation provided that the health and
function of the forest vegetation is not compromised
 Removal of individual trees which are in danger of
causing damage to dwellings, other structures or

X

X
X
X

X

X

Use Exempt Potentially
Allowable
Potentially
Allowable
with
Mitigation
human life
 Removal of individual trees that are dead, diseased or
damaged.
 Removal of poison ivy
 Removal of understory nuisance vegetation as defined
in:
Smith, Cherri L. 1998. Exotic Plant Guidelines. Dept. of
Environment and Natural Resources. Division of Parks
and Recreation. Raleigh, NC. Guideline #30
X
X

Vehicle access to water dependent structures
 Vehicular access roads leading to water dependent
structures as defined in 15A NCAC 02B .0202,
provided they do not cross the surface water and have
a minimum practicable width not exceeding ten feet

X

Water dependent structures as defined in 15A NCAC
02B .0202

X

Water supply reservoirs:
 New reservoirs provided that a riparian buffer that
meets the requirements of Items (7) and (8) of this
Rule is established adjacent to the reservoir
 New reservoirs where a riparian buffer that meets the
requirements of Items (7) and (8) of this Rule is not
established adjacent to the reservoir

X

X
Water wells
 Single family water wells

 All water wells other than single family water wells

X

X

Wetland stream and buffer restoration
 Wetland, stream and buffer restoration that requires
DWQ approval for the use of a 401 Water Quality
Certification
 Wetland, stream and buffer restoration that does NOT
require DWQ approval for the use of a 401 Water
Quality Certification

X

X

Wildlife passage structures X

1 Provided that:
 Heavy equipment is not used in Zone 1
 Vegetation is not compromised in the portions of Zone 1 and Zone 2 that are not impacted
 Trees that are cut down are removed by chain
 No permanent felling of trees occurs in the protected buffers or in the streams
 Stump removal is performed only by grinding
 At the completion of the project the disturbed area is stabilized with native vegetation
 Zones 1 & 2 meet the requirements of (7) and (8) of this Rule.
2 Provided that, in Zone 1, all of the following BMPs for overhead utility lines are used. If all of these BMPs are not used,
then the overhead utility lines shall require a no practical alternative evaluation by the local government, or the Director for
the cases involving activities listed in Item (3) of this Rule.
 A minimum zone of 10 feet wide immediately adjacent to the water body shall be managed such that only vegetation
that poses a hazard or has the potential to grow tall enough to interfere with the line is removed.
 Woody vegetation shall be cleared by hand. No land grubbing or grading is allowed.
 Vegetative root systems shall be left intact to maintain the integrity of the soil. Stumps shall remain where trees are
cut.
 Riprap shall not be used unless it is necessary to stabilize a tower.
 No fertilizer shall be used other than a one-time application to re-establish vegetation.
 Construction activities shall minimize the removal of woody vegetation, the extent of the disturbed area, and the time
in which areas remain in a disturbed state.
 Active measures shall be taken after construction and during routine maintenance to ensure diffuse flow of
stormwater through the buffer.
 In wetlands, mats shall be utilized to minimize soil disturbance.
3 Provided that poles or towers shall not be installed within 10 feet of a water body unless the local government or the Director
for the cases involving activities listed in Item (3) of this Rule completes a no practical alternative evaluation as defined in
Item (11) of this Rule.
4 Provided that, in Zone 1, all of the following BMPs for underground utility lines are used. If all of these BMPs are not used,
then the underground utility line shall require a no practical alternative evaluation by the local government or the Director for
the cases involving activities listed in Item (3) of this Rule, as defined in Item (11) of this Rule.
 Woody vegetation shall be cleared by hand. No land grubbing or grading is allowed.
 Vegetative root systems shall be left intact to maintain the integrity of the soil. Stumps shall remain, except in the
trench, where trees are cut.
 Underground cables shall be installed by vibratory plow or trenching.
 The trench shall be backfilled with the excavated soil material immediately following cable installation.
 No fertilizer shall be used other than a one-time application to re-establish vegetation.
 Construction activities shall minimize the removal of woody vegetation, the extent of the disturbed area, and the time
in which areas remain in a disturbed state.
 Active measures shall be taken after construction and during routine maintenance to ensure diffuse flow of
stormwater through the buffer.
 In wetlands, mats shall be utilized to minimize soil disturbance.
5 Perpendicular crossings are those that intersect the surface water at an angle between 75 degrees and 105 degrees.

(10) REQUIREMENTS FOR CATEGORIES OF USES. Uses designated as exempt, potentially allowable, and
potentially allowable with mitigation in Item (9) of this Rule shall have the following requirements:
(a) EXEMPT. Uses designated as exempt are allowed within the riparian buffer. Exempt uses shall
be designed, constructed and maintained to minimize soil disturbance and to provide the
maximum water quality protection practicable, including construction, monitoring, and
maintenance activities. In addition, exempt uses shall meet requirements listed in Item (9) of this
Rule for the specific use;
(b) POTENTIALLY ALLOWABLE. Uses designated as potentially allowable require a written
buffer authorization from the local government, or the Director for the cases involving activities
listed in Item (3) of this Rule for impacts within the riparian buffer provided that there are no
practical alternatives to the requested use pursuant to Item (11) of this Rule;
(c) POTENTIALLY ALLOWABLE WITH MITIGATION. Uses designated as potentially
allowable with mitigation require written authorization from the local government, or the Director
for the cases involving activities listed in Item (3) of this Rule for impacts within the riparian
buffer provided that there are no practical alternatives to the requested use pursuant to Item (11)
of this Rule and an appropriate mitigation strategy has been approved pursuant to Item (15) of this
Rule; and
(d) PROHIBITED. Uses that are not designated in Item (9) of this Rule are considered prohibited in
the riparian buffers.
(11) DETERMINATION OF "NO PRACTICAL ALTERNATIVES." Persons who wish to undertake uses
designated as allowable or allowable with mitigation shall submit a request for a "no practical alternatives"
determination to the local government or the Director for the cases involving activities listed in Item (3) of
this Rule. The applicant shall certify that the criteria identified in Sub-Item (a) of this Item are met. The
local government, or the Director for the cases involving activities listed in Item (3) of this Rule, shall grant
an Authorization Certificate upon a "no practical alternatives" determination. The procedure for making an
Authorization Certificate shall be as follows:
(a) For any request for an Authorization Certificate, the local government, or the Director for the
cases involving activities listed in Item (3) of this Rule, shall review the entire project and make a
finding of fact as to whether the following requirements have been met in support of a "no
practical alternatives" determination:
(i) The basic project purpose cannot be practically accomplished in a manner that would
better minimize disturbance, preserve aquatic life and habitat, and protect water quality;
(ii) The use cannot practically be reduced in size or density, reconfigured or redesigned to
better minimize disturbance, preserve aquatic life and habitat, and protect water quality;
and
(iii) Best management practices shall be used if required to minimize disturbance, preserve
aquatic life and habitat, and protect water quality;
(b) Requests for an Authorization Certificate shall be reviewed and either approved or denied within
60 days of receipt of a complete submission based on the criteria in Sub-Item (a) of this Item and
the local ordinance or ordinances enforcing this Rule by the local government, or the Director for
the cases involving activities listed in Item (3) of this Rule. Failure to issue an approval or denial
within 60 days shall constitute that the applicant has demonstrated "no practical alternatives." An
Authorization Certificate shall be issued to the applicant, unless:
(i) The applicant agrees, in writing, to a longer period; and
(ii) Applicant fails to furnish requested information necessary to the local government's
decision or the Director's decision for the cases involving activities listed in Item (3) of
this Rule;
(c) The local government, or the Director for the cases involving activities listed in Item (3) of this
Rule, may attach conditions to the Authorization Certificate that support the purpose, spirit and
intent of the riparian buffer protection program. Complete submissions shall include the
following:
(i) The name, address and phone number of the applicant;
(ii) The nature of the activity to be conducted by the applicant;
(iii) The location of the activity, including the jurisdiction;
(iv) A map of sufficient detail to accurately 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;
(v) An explanation of why this plan for the activity cannot be practically accomplished,
reduced or reconfigured to better minimize disturbance to the riparian buffer, preserve
aquatic life and habitat and protect water quality; and
(vi) Plans for any best management practices proposed to be used to control the impacts
associated with the activity: and
(d) Any disputes over determinations regarding Authorization Certificates shall be referred to the
local government's appeals process for a decision, or to the Director for determinations involving
lands of activities listed in Item (3) of this Rule. The Director's decision is subject to review as
provided in G.S. 150B Articles 3 and 4.
(12) VARIANCES. Persons who wish to undertake prohibited uses may pursue a variance. The local
government may grant only minor variances. For major variances, local governments shall prepare
preliminary findings and submit them to the Commission for approval. The variance request procedure
shall be as follows:
(a) There are practical difficulties or unnecessary hardships that prevent compliance with the riparian
buffer protection requirements. Practical difficulties or unnecessary hardships shall be evaluated
in accordance with all of the following:
(i) If the applicant complies with the provisions of this Rule, he or she can secure no
reasonable return from, nor make reasonable use of, his or her property. Merely proving
that the variance would permit a greater profit from the property shall not be considered
adequate justification for a variance. Moreover, the local government, or the Director
for the cases involving activities listed in Item (3) of this Rule, shall consider whether
the variance is the minimum possible deviation from the terms of this Rule that shall
make reasonable use of the property possible;
(ii) The hardship results from application of this Rule to the property rather than from other
factors such as deed restrictions or other hardship;
(iii) The hardship is due to the physical nature of the applicant's property, such as its size,
shape, or topography, and is unique to the applicant's property rather than the result of
conditions that are widespread. If other properties are equally subject to the hardship
created in the restriction, then granting a variance would be a special privilege denied to
others, and would not promote equal justice; and
(iv) The applicant did not cause the hardship by knowingly or unknowingly violating this
Rule.
(b) The variance is in harmony with the general purpose and intent of the State's riparian buffer
protection requirements and preserves its spirit; and
(c) In granting the variance, the public safety and welfare have been assured, water quality has been
protected, and substantial justice has been done.
(13) MINOR VARIANCES. A minor variance request pertains to activities that are proposed to impact only
Zone 2 or any portion of Zone 2 of the riparian buffer. Minor variance requests shall be reviewed and
approved based on the criteria in Sub-Item (12)(a) of this Rule by the local government pursuant to G.S.
153A-Article 18, or G.S. 160A-Article 19. The local government may attach conditions to the variance
approval that support the purpose, spirit and intent of the riparian buffer protection program. Request for
appeals to decisions made by the local government shall be made through the local government's appeals
process, or to the Director for determinations involving activities listed in Item (3) of this Rule. The
Director's decision is subject to review as provided in G.S. 150B Articles 3 and 4.
(14) MAJOR VARIANCES. A major variance request pertains to activities that are proposed to impact any
portion of Zone 1 of the riparian buffer. If the local government, or the Director for the cases involving
activities listed in Item (3) of this Rule, has determined that a major variance request meets the
requirements in Sub-Item (12)(a) of this Rule, then it shall prepare a preliminary finding and submit it to
the Commission for approval. Within 90 days after receipt by the local government, or the Director for the
cases involving activities listed in Item (3) of this Rule, the Commission shall review preliminary findings
on major variance requests. The Commission may choose to approve, approve with conditions, or deny the
major variance.
(15) MITIGATION. Persons who wish to undertake uses designated as allowable with mitigation shall meet the
following requirements in order to proceed with their proposed use.
(a) Obtain a determination of "no practical alternatives" to the proposed use pursuant to Item (11) of
this Rule; and
(b) Obtain approval for a mitigation proposal pursuant to 15A NCAC 02B .0252.
(16) REQUIREMENTS SPECIFIC TO FOREST HARVESTING. The following requirements shall apply for
forest harvesting operations and practices:
(a) The following measures shall apply in the entire riparian buffer:
(i) Logging decks and sawmill sites shall not be placed in the riparian buffer;
(ii) Access roads and skid trails shall be prohibited except for temporary and permanent
stream crossings established in accordance with 15A NCAC 01I .0203. Temporary
stream crossings shall be permanently stabilized after any site disturbing activity is
completed;
(iii) Timber felling shall be directed away from the stream or water body;
(iv) 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;
(v) Individual trees may be treated to maintain or improve their health, form or vigor;
(vi) Harvesting of dead or infected trees or other timber cutting techniques necessary to
prevent or control extensive tree pest and disease infestation shall be allowed. These
practices must be approved by the Division of Forest Resources for a specific site
pursuant to 15A NCAC 01I .0100-.0209. The Division of Forest Resources must notify
the local government of all approvals;
(vii) Removal of individual trees that are in danger of causing damage to structures or human
life shall be allowed;
(viii) Natural regeneration of forest vegetation and planting of trees, shrubs, or ground cover
plants to enhance the riparian buffer shall be allowed provided that soil disturbance is
minimized. Plantings shall consist primarily of native species;
(ix) High-intensity prescribed burns shall not be allowed;
(x) Application of fertilizer shall not be allowed except as a one-time use that is necessary
for permanent stabilization; and
(xi) Broadcast application of fertilizer or herbicides to the adjacent forest stand shall be
conducted so that the chemicals are not applied directly to or allowed to drift into the
riparian buffer;
(b) In Zone 1, forest vegetation shall be protected and maintained. Selective harvest as provided for
below is allowed on forest lands that have a deferment for use value under forestry in accordance
with G.S. 105-277.2 through 277.6 or on forest lands that have a forest management plan
prepared or approved by a registered professional forester. Copies of either the approval of the
deferment for use value under forestry or the forest management plan shall be produced upon
request. For such forest lands, selective harvest is allowed in accordance with the following:
(i) Tracked or wheeled vehicles are permitted for the purpose of selective timber harvesting
where there is no other practical alternative for removal of individual trees provided
activities comply with forest practices guidelines for water quality as defined in Rule
15A NCAC 01I .0101 through .0209, and provided no equipment shall operate within
the first 10 feet immediately adjacent to the stream except at stream crossings designed,
constructed and maintained in accordance with Rule 15A NCAC 01I .0203;
(ii) Soil disturbing site preparation activities are not allowed; and
(iii) Trees shall be removed with the minimum disturbance to the soil and residual
vegetation: and
(c) In addition to the requirements of (b) in this Item, the following provisions for selective
harvesting shall be met:
(i) The first 10 feet of Zone 1 directly adjacent to the stream or waterbody shall be
undisturbed except for the removal of individual high value trees as defined provided
that no trees with exposed primary roots visible in the streambank be cut unless listed as
an exempt activity under Vegetation Management in the Table of Uses (9) of this Rule.
(ii) In the outer 20 feet of Zone 1, a maximum of 50 percent of the trees greater than five
inches DBH may be cut and removed. The reentry time for harvest shall be no more
frequent than every 15 years, except on forest plantations where the reentry time shall be
no more frequent than every five years. In either case, the trees remaining after harvest
shall be as evenly spaced as possible; and
(iii) In Zone 2, harvesting and regeneration of the forest stand shall be allowed in accordance
with 15A NCAC 01I .0100 through .0209 as enforced by the Division of Forest
Resources.
(17) RULE IMPLEMENTATION. This Rule shall be implemented as follows:
(a) For activities listed in Item (3) of this Rule, the Division shall implement the requirements of this
Rule as of its effective date;
(b) Within six months of the effective revision date of this Rule, local governments shall review,
revise as necessary, and submit a local program including all necessary ordinances to the Division
for review. The local program shall detail local government buffer program implementation
including but not limited to such factors as a method for resolution of disputes involving
Authorization Certificate or variance determinations, a plan for record keeping, and a plan for
enforcement. Local governments shall use the Division's publication, Identification Methods for
the Origins of Intermittent and Perennial Streams, v 3.1 February 28, 2005 available at
http://portal.ncdenr.org/web/wq/swp/ws/401/waterresources/streamdeterminations to
establish the existence of streams;
(c) Within six months of the Division approval of the revised local ordinance, the local government
shall implement their revised buffer program;
(d) Upon implementation, subject local governments shall submit annual reports to the Division
summarizing their activities in implementing each of the requirements in Item (4) of this Rule;
(e) The Division shall regularly audit local programs to ensure rule implementation; and
(f) If a local government fails to adopt or adequately implement its program as called for in this Rule,
the Division may take appropriate enforcement action as authorized by statute, and may choose to
assume responsibility for implementing that program until such time as it determines that the local
government is prepared to comply with its responsibilities.
(18) Where the standards and management requirements for riparian areas are in conflict with other laws,
regulations, and permits regarding streams, steep slopes, erodible soils, wetlands, floodplains, forest
harvesting, surface mining, land disturbance activities, or other environmental protection areas, the more
restrictive shall apply.
(19) The existing water supply requirement in Rule .0216(3)(b) of this Section that stipulates a 100 foot
vegetated buffer, adjacent to perennial streams, for all new development activities which utilize the high
density option, applies to the entire Randleman Lake watershed. The first 50 feet of these riparian areas on
either side of these waters must also be protected in accordance with all the requirements of this Rule.
(20) OTHER LAWS, REGULATIONS AND PERMITS. In all cases, compliance with this Rule does not
preclude the requirement to comply with all other federal, state and local regulations and laws.

History Note: Authority G.S. 143-214.1; 143-214.5; 143-215.3(a)(1);
Eff. April 1, 1999;
Amended Eff. June 1, 2010.

15A NCAC 02B .0251 RANDLEMAN LAKE WATER SUPPLY WATERSHED: STORMWATER
REQUIREMENTS
The following is the urban stormwater management strategy for the Randleman Lake watershed:
(1) All local governments that have land use authority within the Randleman Lake watershed shall comply with
stormwater management requirements as outlined in this Rule. Although the management requirements for
the upper and the lower portions of the watershed are similar, additional density-related stormwater
requirements apply to the lower portion of this watershed that do not apply to the upper portion of the
watershed. The upper portion of the watershed is defined as those waters and lands of the Deep River
watershed which drain to the Oakdale-Cotton Mill Dam. 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.
(2) To meet the requirements of this Rule, the local governments with jurisdictions in the upper portion of the
Randleman Reservoir watershed shall meet the state’s rules for a WS-IV classification as specified in 15A
NCAC 2B .0104, .0202 and .0216, the conditions specified in their existing ordinances, the riparian area
protection requirements of Rule .0250 of this Section, along with the stormwater planning requirements set
forth in Sub-Items (4), (5), and (6) of this Rule.
(3) To meet the requirements of this Rule, local governments with jurisdictions in the lower portion of the
Randleman Lake watershed shall meet the provisions of Sub-Items (4), (5) and (6) of this Rule along with
the following:
(a) Within 270 days of the effective date of this Rule, the affected jurisdictions, in coordination with
the Piedmont Triad Regional Water Authority, shall submit local water supply ordinances to the
Environmental Management Commission for approval. The ordinances shall at least meet the
state’s minimum rules for a WS-IV classification as specified in 15A NCAC 2B .0104, .0202 and
.0216, except that the requirements of this Sub-Item shall replace the nonpoint source
requirements in 15A NCAC 2B .0216(3)(b) for the lower portion of the Randleman Lake
watershed.
(b) The local ordinances shall provide for review and approval of stormwater management plans for
new developments to ensure that the following conditions can be met:
(i) Stormwater pollution control criteria for the Randleman Lake watershed outside of
critical area:
(A) Low Density Option: For each development project, development density must
be limited to either no more than one dwelling unit per acre of single family
detached residential development (or 40,000 square foot lot excluding roadway
right-of-way) or 12 percent built-upon area for all other residential and non-
residential development. Stormwater runoff shall be transported primarily by
vegetated conveyances. Conveyance system shall not include a discrete
stormwater collection system as defined in 15A NCAC 2B .0202;
(B) High Density Option: If new development exceeds the low density option
requirements as stated in Sub-Item (2)(b)(i) of this Rule, then engineered
stormwater controls must be used to control runoff from the first inch of
rainfall. Engineering controls may consist of wet detention ponds designed in
accordance with 15A NCAC 2H .1000 or alternative stormwater management
systems consisting of other treatment options, or a combination of options, that
are approved by the Director of the Division of Water Quality in accordance
with 15A NCAC 2B .0104(g). New residential and non residential
development shall not exceed 50 percent built-upon area, unless an alternative
high density option is submitted to the Commission as part of the submittal of
the local water supply watershed protection ordinance and determined by the
Commission to provide equal or greater water quality protection in Randleman
Reservoir and its tributaries;
(C) Cluster development shall be allowed on a project-by-project basis as follows:
(I) overall density of the project meets associated density or stormwater
control requirements of this Section;
(II) buffers meet the minimum statewide water supply watershed
protection requirements and those specified for the Randleman Lake
watershed riparian areas in Rule .0250 of this Section;
(III) built-upon areas are designed and located to minimize stormwater
runoff impact to the receiving waters, minimize concentrated
stormwater flow, maximize the use of sheet flow through vegetated
areas, and maximize the flow length through vegetated areas;
(IV) areas of concentrated development are located in upland areas and
away, to the maximum extent practicable, from surface waters and
drainageways;
(V) remainder of tract to remain in vegetated or natural state by utilization
of one of the methods provided in Sub-Item 3(b)(i)(C)(VI) of this
Rule;
(VI) area in the vegetated or natural state may be conveyed to a property
owners association; a local government for preservation as a park or
greenway; a conservation organization; or placed in a permanent
conservation or farmland preservation easement;
(VII) a maintenance agreement for the vegetated or natural area shall be
filed with the Register of Deeds; and
(VIII) cluster development that meets the applicable low density option
requirements shall transport stormwater runoff from the development
by vegetated conveyances to the maximum extent practicable;
(D) If local governments choose the high density development option which
requires engineered stormwater controls, then they shall assume ultimate
responsibility for operation and maintenance of the required controls as
outlined in Rule .0104 of this Subchapter;
(E) Impervious cover shall be minimized to the maximum extent practical through
clustering, narrower and shorter paved areas (streets, driveways, sidewalks, cul-
de-sacs, and parking lots), and spreading rooftop and other impervious area
runoff over pervious areas. Land clearing during the construction process shall
be limited to the maximum extent practical. The local government permit shall
require recorded deed restrictions and protective covenants to ensure that
development activities maintain the development consistent with the plans and
specifications approved by the local governments;
(F) The project is in compliance with the riparian area protection requirements as
specified in 15A NCAC 2B .0250 (Randleman Lake riparian area rule);
(G) No new development shall be allowed within 50 feet of waters affected by the
Randleman riparian area rule 15A NCAC 2B .0250;
(H) New development meeting the high density option shall be located at least 100
feet from perennial waters as identified on topo or soil survey maps; however,
within the area between 50 and 100 feet adjacent to the perennial water body,
water dependent structures, or other structures, such as flag poles, signs and
security lights, which result in only diminimus increases in impervious area and
public projects such as road crossings and greenways may be allowed where no
practicable alternative exists; these activities shall minimize built-upon surface
area, divert runoff away from surface waters and maximize the utilization of
BMPs;
(I) For local governments that do not use the high density option, a maximum of
10 percent of each jurisdiction’s portion of the watershed outside of the critical
area as delineated on April 1, 1999 may be developed with new development
projects and expansions to existing development of up to 70 percent built-upon
surface area in addition to the new development approved in compliance with
the appropriate requirements of Sub-Item (3)(b)(ii)(A) of this Rule. For
expansions to existing development, the existing built-upon surface area shall
not be counted toward the allowed 70 percent built-upon surface area. A local
government having jurisdiction within the watershed may transfer, in whole or
in part, its right to the 10 percent/70 percent land area to local government
within the watershed upon submittal of a joint resolution for review by the
Commission. When the designated water supply watershed area is composed
of public land, such as National Forest land, local governments may count the
public land acreage within the designated watershed area outside of the critical
area in figuring the acreage allowed under this provision. Each project shall, to
the maximum extent practicable, minimize built-upon surface area, direct
stormwater runoff away from surface waters and incorporate best management
practices to minimize water quality impacts;
(ii) Stormwater pollution control criteria for critical areas of the watershed:
(A) Low Density Option: Development density must be limited to either no more
than one dwelling unit per two acres of single family detached residential
development (or 80,000 square foot lot excluding roadway right-of-way) or six
percent built-upon area for all other residential and non-residential
development. Stormwater runoff shall be transported primarily by vegetated
conveyances to the maximum extent practicable;
(B) High Density Option: If new development exceeds the low density option
requirements as stated in Sub-Item (3)(b)(ii) of this Rule, then engineered
stormwater controls must be used to control runoff from the first inch of
rainfall. New residential and non residential development shall not exceed 30
percent built-upon area;
(C) No new permitted sites for land application of residuals or petroleum
contaminated soils shall be allowed;
(D) No new landfills shall be allowed; and
(E) Sub-Items (3)(b)(i)(C)-(H) of this Rule also apply to the critical area.
(4) Within 12 months of the effective date of adoption of this Rule, all local governments with jurisdictions in
the Randleman Lake watershed shall develop comprehensive stormwater management plans and submit
those plans to the Commission for review and approval. Comprehensive stormwater management plans
meeting the criteria set forth in Subparts (4)(a) through (4)(f) of this Rule shall be approved. Within six
months of the Commission’s approval of the local plan, subject local governments shall adopt and
implement their approved plan. Those plans shall include, but not be limited to, the following:
(a) Evaluation of existing land use within Oak Hollow Lake subwatershed, High Point Lake
subwatershed and Deep River 1 subwatershed in the Randleman Lake watershed with
recommendations that show how overall built-upon area (for existing and future development) for
each subwatershed can be minimized and high intensity land uses can be targeted away from
surface waters and sensitive areas. Oak Hollow Lake subwatershed is defined as all land areas
draining to Oak Hollow Lake. 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. Deep River 1 subwatershed is defined as all land areas draining to the Deep River from
High Point Lake Dam to Freeman Mill Dam. This evaluation shall be done by the local
governments having jurisdiction in those watersheds, working in cooperation with the PTRWA;
(b) Coordination between all affected jurisdictions to encourage their development in the existing
urban areas. The planning effort shall include provisions for areas of contiguous open space to be
protected through conservation easements or other long-term protection measures and provisions
to direct infrastructure growth towards existing urban development corridors rather than to rural
lands;
(c) Evaluation of existing ordinances, municipal programs (maintenance, street cleaning, etc.) and
other local policies to identify opportunities for stormwater quality improvements including
reducing the amount of built-upon area that is required for uses such as parking, building
setbacks, road widths and cul-de-sacs. The evaluations shall consider development options such
as multiple story buildings, mixed use to encourage pedestrian travel and mass transit and an
identification of municipal activities and procedures that may be modified to allow for stormwater
pollution prevention opportunities;
(d) Implementation of watershed protection public education programs;
(e) Identification and removal of illegal discharges; and
(f) Identification of suitable locations for potential stormwater retrofits (such as riparian areas) that
could be funded by various sources.
(5) Local governments may submit a more stringent local stormwater management program plan. Local
stormwater management programs and modifications to these programs shall be kept on file by the Division
of Water Quality.
(6) If a local government fails to submit an acceptable local stormwater management program plan within the
time frames established in this Rule or fails to properly implement an approved plan, then stormwater
management requirements for existing and new urban areas within its jurisdiction shall be administered
through the NPDES municipal stormwater permitting program per 15A NCAC 2H .0126 which shall
include at a minimum:
(a) Subject local governments shall be required to develop and implement comprehensive stormwater
management programs for both existing and new development.
(b) These stormwater management programs shall provide all components that are required of local
government stormwater programs in this Rule.
(c) Local governments that are subject to an NPDES permit shall be covered by the permit for at least
one permitting cycle (five years) before they are eligible to submit a revised local stormwater
management component of their water supply watershed protection program for consideration and
approval by the EMC.

History Note: Authority G.S. 143-214.1; 143-214.5; 143-214.7; 143-215.1; 143-215.3(a)(1);
Eff. April 1, 1999.

15A NCAC 02B .0252 RANDLEMAN LAKE WATER SUPPLY WATERSHED: MITIGATION PROGRAM FOR
PROTECTION AND MAINTENANCE OF EXISTING RIPARIAN BUFFERS

History Note: Authority 143-214.1; 143-214.7; 143-215.3(a)(1); S.L. 1998, c. 221;
Eff. June 1, 2010;
Repealed Eff. October 24, 2014.

15A NCAC 02B .0253 - .0254 RESERVED FOR FUTURE CODIFICATION

15A NCAC 02B .0255 TAR-PAMLICO RIVER BASIN - NUTRIENT SENSITIVE WATERS MANAGEMENT
STRATEGY: AGRICULTURAL NUTRIENT LOADING GOALS
All persons engaging in agricultural operations in the Tar-Pamlico River Basin, including those related to crops, horticulture,
livestock, and poultry, shall collectively achieve and maintain certain nutrient loading levels. A management strategy to
achieve this reduction is specified in Rule .0256 of this Section. These Rules apply to livestock and poultry operations above
certain size thresholds in the Tar-Pamlico River Basin, in addition to requirements for animal operations set forth in general
permits issued pursuant to G.S. 143-215.10C. The nutrient loading goals to be met collectively by the persons specified here
are as follows:
(1) a 30 percent total nitrogen net loading reduction from 1991 loading from agriculture to the basin; and
(2) no net increase in total phosphorus loading over 1991 levels.

History Note: Authority G.S. 143-214.1; 143-214.7; 143-215.3(a)(1); 143-215.6A; 143-215.6B; 143-215.6C;
Eff. April 1, 2001.

15A NCAC 02B .0256 TAR-PAMLICO RIVER BASIN-NUTRIENT SENSITIVE WATERS MANAGEMENT
STRATEGY: AGRICULTURAL NUTRIENT CONTROL STRATEGY
(a) PURPOSE. The purpose of this Rule is to set forth a process by which agricultural operations in the Tar-Pamlico River
Basin will collectively limit their nitrogen and phosphorus loading to the Pamlico estuary. The purpose is to achieve and
maintain a 30 percent reduction in collective nitrogen loading from 1991 levels within five to eight years and to hold
phosphorus loading at or below 1991 levels within four years of Commission approval of a phosphorus accounting
methodology.
(1) PROCESS. This Rule requires farmers in the Basin to implement land management practices that
collectively, on a county or watershed basis, will achieve the nutrient goals. Local committees and a Basin
committee will develop strategies, coordinate activities and account for progress.
(2) LIMITATION. This Rule may not fully address the agricultural nitrogen reduction goal of the Tar-Pamlico
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.
As better information becomes available from ongoing research on atmospheric nitrogen loading to the
Basin 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 Tar-
Pamlico Nutrient Sensitive Waters Strategy.
(b) APPLICABILITY. This Rule shall apply to all persons engaging in agricultural operations in the Tar-Pamlico River
Basin except certain persons engaged in such operations for educational purposes. Persons engaged for educational purposes
shall be those persons involved in secondary school or lesser grade-level activities that are a structured part of an organized
program conducted by a public or private educational institution or by an agricultural organization. Educational activities
shall not include research activities in support of commercial production. For the purposes of this Rule, agricultural
operations are activities that relate to any of the following pursuits:
(1) 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.
(2) Research activities in support of such commercial production.
(3) The production or management of any of the following number of livestock or poultry at any time,
excluding nursing young:
(A) 20 or more horses;
(B) 20 or more cattle;
(C) 150 or more swine;
(D) 120 or more sheep;
(E) 130 or more goats;
(F) 650 or more turkeys;
(G) 3,500 or more chickens; or
(H) A number of any single species or combination of species of livestock or poultry that exceeds
20,000 pounds of live weight at any time.
(4) Certain tree-harvesting activities described and defined as follows.
(A) The one-time harvest of trees on land within a riparian buffer described in 15A NCAC 02B .0259
that was open farmland on September 1, 2001. This one-time harvest of trees may be conducted
within one tree cropping interval only under a verifiable farm plan that received final approval
from a local agricultural agency on or after September 1, 2001 and that expressly allowed the
harvest of trees no earlier than 10 years after the trees are established and the return of the land to
another agricultural pursuit.
(B) The one-time harvest of trees on land within a riparian buffer described in 15A NCAC 02B .0259
that had trees established under an agricultural incentive program as of September 1, 2001.
(C) All tree harvesting described in Subparagraphs (b)(4)(A) and (b)(4)(B) of this Rule shall comply
with Forest Practices Guidelines Related to Water Quality codified at 15A NCAC 01I. The
nutrient removal functions that were provided by trees prior to their harvest shall be replaced by
other measures that are implemented by the owner of the land from which the trees are harvested.
(D) The following definitions shall apply to terms used in Subparagraphs (b)(4)(A) through (b)(4)(C)
of this Rule.
(i) "Agricultural incentive program" means any of the following programs and any
predecessor program to any of the following programs:
(I) Agriculture Cost Share Program for Nonpoint Source Pollution Control
established by G.S. 143-215.74.
(II) Conservation Reserve Enhancement Program established by 7 C.F.R. Part 1410
(January 1, 2001 Edition) and 15A NCAC 06G .0101 through 15A NCAC 06G
.0106.
(III) Conservation Reserve Program established by 7 C.F.R. Part 1410 (January 1,
2001 Edition).
(IV) Environmental Quality Incentives Program established by 7 C.F.R. Part 1466
(January 1, 2001 Edition).
(V) Wetlands Reserve Program established by 7 C.F.R. Part 1467 (January 1, 2001
Edition).
(VI) Wildlife Habitat Incentives Program established by 7 C.F.R. Part 636 (January
1, 2001 Edition).
(ii) "Local agricultural agency" means the North Carolina Cooperative Extension Service,
the Farm Services Agency of the United States Department of Agriculture, the Natural
Resources Conservation Service of the United States Department of Agriculture, a Soil
and Water Conservation District created pursuant to G.S. 139-5, or their successor
agencies.
(iii) "Open farmland" means the footprint of land used for pasture or for crops or
horticultural products other than trees. Open farmland may contain scattered trees if an
open canopy existed on September 1, 2001 as determined from the most recent aerial
photographs taken prior to September 1, 2001 for the Farm Services Agency of the
United States Department of Agriculture.
(iv) "Tree" means a woody plant with a diameter equal to or greater than five inches when
measured at a height of four and one-half feet above the ground.
(v) "Tree cropping interval" means the time required to establish and grow trees that are
suitable for harvesting. The tree-cropping interval shall be set out in the farm plan and
shall be no less than 10 years after the trees are established.
(c) METHOD FOR RULE IMPLEMENTATION. This Rule shall be implemented through a cooperative effort between a
Basin Oversight Committee and Local Advisory Committees in each county or watershed. The membership, roles and
responsibilities of these committees are set forth in Paragraphs (f) and (g) of this Rule. Committees' activities shall be guided
by the following constraints:
(1) The Commission shall determine whether each Local Advisory Committee has achieved its nitrogen
reduction goal within five years of the effective date of this Rule, and its phosphorus loading goal within
four years of the date that a phosphorus accounting method is approved by the Commission, both based on
the accounting process described in Paragraphs (f) and (g) of this Rule. Should the Commission determine
that a Local Advisory Committee has not achieved its nitrogen goal within five years, then the Commission
shall require additional BMP implementation as needed to ensure that the goal is met within eight years of
the effective date of this Rule. The Commission shall similarly review compliance with the phosphorus
goal four years after it approves a phosphorus accounting method, and shall require additional BMP
implementation as needed to meet that goal within an additional three years from that date. All persons
subject to this Rule who have not implemented BMPs in accordance with an option provided in
Subparagraphs (d)(1) or (d)(2) of this Rule shall be subject to such further requirements deemed necessary
by the Commission for any Local Advisory Committee that has not achieved a nutrient goal.
(2) Should a committee not form or not follow through on its responsibilities such that a local strategy is not
implemented in keeping with Paragraph (g) of this Rule, the Commission may require all persons subject to
this Rule in the affected area to implement BMPs as set forth in Paragraph (e) of this Rule.
(d) OPTIONS FOR MEETING RULE REQUIREMENTS. Persons subject to this Rule shall register their operations with
their Local Advisory Committee according to the requirements of Paragraph (g) of this Rule within one year of the effective
date of this Rule. Such persons may elect to implement any BMPs they choose that are recognized by the Basin Oversight
Committee as nitrogen-reducing BMPs within five years of the effective date of this Rule. Persons who implement one of the
following two options within five years of the effective date of this Rule for nitrogen-reducing BMPs and within four years of
the date that a phosphorus accounting method is approved by the Commission shall not be subject to any additional
requirements that may be placed on persons under Paragraph (c) of this Rule. Persons subject to this Rule shall be responsible
for implementing and maintaining the BMPs used to meet the requirements of this Rule for as long as they continue their
agricultural operation. If a person ceases an operation and another person assumes that operation, the new operator shall be
responsible for implementing BMPs that meet the requirements of this Paragraph.
(1) Option 1 is to implement site-specific BMPs that are accepted by the Local Advisory Committee as fully
satisfying a person's obligations under this Rule based on BMP implementation needs identified in the local
nutrient control strategy required under Subparagraph (g)(3)of this Rule and on nutrient reduction
efficiencies established by the Basin Oversight Committee as called for under Subparagraphs (f)(2) and
(f)(3) of this Rule.
(2) Option 2 is to implement standard BMPs that persons subject to this Rule choose from the alternatives
established pursuant to Paragraph (e) of this Rule.
(e) STANDARD BEST MANAGEMENT PRACTICES (BMPs). Standard BMPs shall be individual BMPs or combinations
of BMPs that achieve at least a 30 percent reduction in nitrogen loading and no increase in phosphorus loading relative to
conditions that lack such BMPs. Standard BMPs shall be established for the purposes of this Rule by one of the following
processes:
(1) The Soil and Water Conservation Commission may elect to approve, under its own authorities, standard
BMP options for the Tar-Pamlico River Basin based on nutrient reduction efficiencies established by the
Basin Oversight Committee pursuant to Subparagraph (f)(3) of this Rule and using criteria for nitrogen-
and phosphorus-reducing BMPs as described in rules adopted by the Soil and Water Conservation
Commission, including 15A NCAC 06E .0104 and 15A NCAC 06F .0104. One purpose of this process is
to provide persons subject to this Rule the opportunity to work with the Soil and Water Conservation
Commission in its development of standard BMP options; or
(2) In the unlikely event that the Soil and Water Conservation Commission does not approve an initial set of
standard BMP options for the Tar-Pamlico River Basin within one year of the effective date of this Rule,
then the Environmental Management Commission may approve standard BMP options within eighteen
months of the effective date of this Rule. In that event, the standard BMP options approved by the
Commission shall be designed to reduce nitrogen and phosphorus loading, as specified at the beginning of
Paragraph (e) of this Rule, from agricultural sources through structural, management, or buffering farming
BMPs or animal waste management plan components.
(f) BASIN OVERSIGHT COMMITTEE. The Basin Oversight Committee shall have the following membership, role and
responsibilities:
(1) MEMBERSHIP. The Commission shall delegate to the Secretary the responsibility of forming a Basin
Oversight Committee within two months of the effective date of this Rule. Members shall be appointed for
five-year terms and shall serve at the pleasure of the Secretary. Until such time as the Commission
determines that long-term maintenance of the nutrient loads is assured, the Secretary shall either reappoint
members or replace members every five years. The Secretary shall solicit nominations for membership on
this Committee to represent each of the following interests, and shall appoint one nominee to represent each
interest. The Secretary may appoint a replacement at any time for an interest in Parts (f)(1)(F) through
(f)(1)(J) of this Rule upon request of representatives of that interest:
(A) Division of Soil and Water Conservation;
(B) United States Department of Agriculture-Natural Resources Conservation Service (shall serve in
an "ex-officio" non-voting capacity and shall function as a technical program advisor to the
Committee);
(C) North Carolina Department of Agriculture and Consumer Services;
(D) North Carolina Cooperative Extension Service;
(E) Division of Water Quality;
(F) Environmental interests;
(G) Basinwide farming interests;
(H) Pasture-based livestock interests;
(I) Cropland farming interests; and
(J) The scientific community with experience related to water quality problems in the Tar-Pamlico
River Basin.
(2) ROLE. The Basin Oversight Committee shall:
(A) Develop a tracking and accounting methodology pursuant to Subparagraph (f)(3) of this Rule. A
final nitrogen methodology shall be submitted to the Commission for approval within one year
after the effective date of this Rule. A final methodology for phosphorus shall be submitted at the
earliest date possible as determined by the Basin Oversight Committee with input from the
technical advisory committee described in Part (f)(2)(D) of this Rule.
(B) Identify and implement future refinements to the accounting methodology as needed to reflect
advances in scientific understanding, including establishment of nutrient reduction efficiencies for
BMPs.
(C) Appoint a technical advisory committee within 6 months of the effective date of this Rule to
inform the Basin Oversight Committee on rule-related issues. The Basin Oversight Committee
shall direct the committee to take the following actions at a minimum: monitor advances in
scientific understanding related to phosphorus loading, evaluate the need for additional
management action to meet the phosphorus loading goal, and report its findings to the Basin
Oversight Committee on an annual basis. The Basin Oversight Committee shall in turn report
these findings and its recommendations to the Commission on an annual basis following the
effective date of this Rule, until such time as the Commission, with input from the Basin
Oversight Committee, determines that the technical advisory committee has fulfilled its purpose.
The Basin Oversight Committee shall solicit nominations for this committee from the Division of
Soil and Water Conservation, United States Department of Agriculture-Natural Resources
Conservation Service, North Carolina Department of Agriculture and Consumer Services, North
Carolina Cooperative Extension Service, Division of Water Quality, environmental interests,
agricultural interests, and the scientific community with experience related to the committee's
charge.
(D) Review, approve and summarize county or watershed local strategies and present these strategies
to the Commission for approval within two years after the effective date of this Rule.
(E) Establish minimum requirements for, review, approve and summarize local nitrogen and
phosphorus loading annual reports as described under Subparagraph (g)(5) of this Rule, and
present these reports to the Commission each October, until such time as the Commission
determines that annual reports are no longer needed to assure long-term maintenance of the
nutrient goals.
(3) ACCOUNTING METHODOLOGY. The Basin Oversight Committee shall develop an accounting
methodology that meets the following requirements:
(A) The methodology shall quantify baseline total nitrogen and phosphorus loadings from agricultural
operations in each county and for the entire basin.
(B) The methodology shall include a means of tracking implementation of BMPs, including number,
type, and area affected.
(C) The methodology shall include a means of estimating incremental nitrogen and phosphorus
reductions from actual BMP implementation and of evaluating progress toward the nutrient goals
from BMP implementation. The methodology shall include nutrient reduction efficiencies for
individual BMPs and combinations of BMPs that can be implemented toward the nitrogen and
phosphorus goals.
(D) The methodology shall allow for future refinements to the nutrient baseline loading
determinations, and to the load reduction accounting methodology.
(E) The methodology shall provide for quantification of changes in nutrient loading due to changes in
agricultural land use, modifications in agricultural activity, or changes in atmospheric nitrogen
loading to the extent allowed by advances in technical understanding.
(F) The methodology shall include a method to track maintenance of the nutrient net loads after the
initial eight years of this Rule, including tracking of changes in BMPs and additional BMPs to
offset new or increased sources of nutrients from agricultural operations.
(g) LOCAL ADVISORY COMMITTEES. The Local Advisory Committees shall have the following membership, roles, and
responsibilities:
(1) MEMBERSHIP. A Local Advisory Committee shall be appointed as provided in this Paragraph in each
county (or watershed as specified by the Basin Oversight Committee) within the Tar-Pamlico River Basin.
As directed by S.L. 2001, c. 355, the Local Advisory Committees shall be appointed on or before
November 1, 2001. They shall terminate upon a finding by the Environmental Management Commission
that the long-term maintenance of nutrient loads in the Tar-Pamlico River Basin is assured. Each Local
Advisory Committee shall consist of:
(A) One representative of the local Soil and Water Conservation District;
(B) One local representative of the United States Department of Agriculture- Natural Resources
Conservation Service;
(C) One local representative of the North Carolina Department of Agriculture and Consumer Services;
(D) One local representative of the North Carolina Cooperative Extension Service;
(E) One local representative of the North Carolina Division of Soil and Water Conservation; and
(F) At least five, but not more than 10 farmers who reside in the county or watershed.
(2) APPOINTMENT OF MEMBERS. The Director of the Division of Water Quality and the Director of the
Division of Soil and Water Conservation of the Department of Environment and Natural Resources shall
jointly appoint members described in Subparagraphs (g)(1)(A), (g)(1)(B), (g)(1)(D), and (g)(1)(E) of this
Rule. As directed by S.L. 2001, c. 355, the Commissioner of Agriculture shall appoint the members
described in Subparagraphs (g)(1)(C) and (g)(1)(F) of this Rule from persons nominated by
nongovernmental organizations whose members produce or manage significant agricultural commodities in
each county or watershed. Members of the Local Advisory Committees shall serve at the pleasure of their
appointing authority.
(3) ROLE. The Local Advisory Committees shall:
(A) Conduct a registration process for persons subject to this Rule. This registration process shall be
completed within one year after the effective date of this Rule. It shall obtain information that
shall allow Local Advisory Committees to develop local strategies in accordance with
Subparagraph (g)(4) of this Rule. At minimum, the registration process shall request the type and
acreage of agricultural operations, nutrient-reducing BMPs implemented since January 1, 1992
and their operational status, and the acres affected by those BMPs. It shall provide persons with
information on requirements and options under this Rule, and on available technical assistance
and cost share options;
(B) Designate a member agency to compile and retain copies of all individual plans produced to
comply with this Rule;
(C) Develop local nutrient control strategies for agricultural operations, pursuant to Subparagraph
(g)(4) of this Rule, to meet the nitrogen and phosphorus goals assigned by the Basin Oversight
Committee. The nitrogen component of the control strategy shall be submitted to the Basin
Oversight Committee no later than twenty-three months from the effective date of this Rule. The
phosphorus component of the control strategy shall be submitted within one year of the date that
the Commission approves a phosphorus accounting methodology as described in Part (f)(2)(A) of
this Rule;
(D) Ensure that any changes to the design of the local strategy will continue to meet the nutrient goals
of this Rule; and
(E) Submit annual reports to the Basin Oversight Committee, pursuant to Subparagraph (g)(5) of this
Rule, each May until such time as the Commission determines that annual reports are no longer
needed to assure long-term maintenance of the nutrient goals.
(4) LOCAL NUTRIENT CONTROL STRATEGIES. The Local Advisory Committees shall be responsible
for developing county or watershed nutrient control strategies that meet the following requirements. If a
Local Advisory Committee fails to submit a nutrient control strategy as required in Part (g)(3)(C) of this
Rule, the Commission may develop one based on the accounting methodology that it approves pursuant to
Part (f)(2)(A) of this Rule.
(A) Local nutrient control strategies shall be designed to achieve the required nitrogen reduction goals
within five years after the effective date of this Rule, and to maintain those reductions in
perpetuity or until such time as this Rule is revised to modify this requirement. Strategies shall be
designed to meet the phosphorus loading goals within four years of the date that the Commission
approves a phosphorus accounting methodology as described in Part (f)(2)(A) of this Rule.
(B) Local nutrient control strategies shall specify the numbers and types of all agricultural operations
within their areas, numbers of BMPs that will be implemented by enrolled operations and acres to
be affected by those BMPs, estimated nitrogen and phosphorus reductions, schedule for BMP
implementation, and operation and maintenance requirements.
(C) Local nutrient control strategies may prioritize BMP implementation to establish the most
efficient and effective means of achieving the nutrient goals.
(5) ANNUAL REPORTS. The Local Advisory Committees shall be responsible for submitting annual reports
for their counties or watersheds. Annual reports shall be submitted to the Basin Oversight Committee each
May until such time as the Commission determines that annual reports are no longer needed to assure long-
term maintenance of the nutrient goals. Annual reports shall quantify progress toward the nutrient goals
with sufficient detail to allow for compliance monitoring at the farm level. The Basin Oversight Committee
shall determine reporting requirements to meet these objectives. Those requirements may include
information on BMPs implemented by individual farms, proper BMP operation and maintenance, BMPs
discontinued, changes in agricultural land use or activity, and resultant net nutrient loading changes.

History Note: Authority G.S. 143-214.1; 143-214.7; 143-215.3(a)(1); 143-215.6A; 143-215.6B; 143-215.6C; S.L. 2001-
355;
Eff. September 1, 2001;
Temporary Amendment Eff. January 1, 2002 (exempt from 270 day requirement-S.L. 2001-355).

15A NCAC 02B .0257 TAR-PAMLICO RIVER BASIN - NUTRIENT SENSITIVE WATERS MANAGEMENT
STRATEGY: NUTRIENT MANAGEMENT
(a) PURPOSE. The purposes of this Rule are as follows, and are to be achieved within five years from the effective date of
this Rule.
(1) To contribute to a 30 percent reduction in nitrogen loading to the Pamlico estuary from nutrient application
(both inorganic fertilizer and organic nutrients) in the Tar-Pamlico basin, based on 1991 levels.
(2) To contribute to a capping of phosphorus loading to the estuary at 1991 levels from nutrient application
(both inorganic fertilizer and organic nutrients) in the basin.
(b) DEFINITIONS. The following definitions shall apply to terms used in this Rule.
(1) Applicator means a person who applies fertilizer to the land or the immediate supervisor of such person.
(2) Consultant means a person who is hired to provide professional advice to another person.
(c) APPLICABILITY. This Rule shall apply as follows.
(1) This Rule shall apply to the following persons:
(A) Persons who own or manage cropland areas in the Tar-Pamlico River Basin for commercial
purposes who have not developed a nutrient management plan for their property pursuant to 15A
NCAC 02B .0256.
(B) Persons who own or manage commercial ornamental and floriculture areas and greenhouse
production areas in the Tar-Pamlico River Basin.
(C) Persons who own or manage golf courses, grassed public recreational lands, grassed road or
utility rights-of-way, or other turfgrass areas in the Tar-Pamlico River Basin.
(D) Persons who own or manage lawn and garden areas in residential, commercial, or industrial
developments in the Tar-Pamlico River Basin except for residential landowners who apply
fertilizer to their own property.
(2) This Rule, particularly Subparagraphs (d)(1) and (d)(2) of this Rule, shall apply to applicators hired by the
persons listed in Subparagraph (c)(1) of this Rule to apply fertilizer to lands in the Tar-Pamlico River
Basin.
(3) This Rule, particularly Subparagraph (d)(1) of this Rule, shall apply to applicators hired by residential
landowners in the Tar-Pamlico basin.
(4) This Rule, particularly Subparagraph (d)(1) of this Rule, shall apply to nutrient management consultants
hired by persons listed in this Paragraph to provide nutrient management advice for lands in the Tar-
Pamlico River Basin.
(d) REQUIREMENTS. Subject persons shall meet the following requirements:
(1) Persons responsible for applying nutrients to their own land or land that they manage in the Tar-Pamlico
basin, applicators hired by residential landowners in the Tar-Pamlico basin, and consultants who prepare
nutrient management plans for persons who own or manage land in the Tar-Pamlico basin shall either:
(A) Attend and complete nutrient management training pursuant to Paragraph (e) of this Rule; or
(B) Complete a nutrient management plan for all lands to which they apply or manage the application
of nutrients, or for which they provide nutrient management advice, pursuant to Paragraph (f) of
this Rule.
(2) Persons who hire an applicator to apply nutrients to the land that they own or manage shall either:
(A) Ensure that the applicator they hire has attended and completed nutrient management training
pursuant to Paragraph (e) of this Rule; or
(B) Ensure that the applicator they hire has completed a nutrient management plan for the land that
they own or manage pursuant to Paragraph (f) of this Rule; or
(C) Complete a nutrient management plan for the land that they own or manage pursuant to Paragraph
(f) of this Rule and ensure that the applicator they hire follows this plan.
(e) NUTRIENT MANAGEMENT TRAINING. Persons who choose to meet this Rule's requirements by completing nutrient
management training shall meet the following requirements.
(1) Persons subject to this Rule as of its effective date shall sign up with the Cooperative Extension Service or
the Division within one year of the effective date to take the nutrient management training. Such persons
shall obtain a certificate from Extension or the Division within five years from the effective date of this
Rule verifying completion of training that addresses, at minimum, proper management of nitrogen and
phosphorus.
(2) Persons who become subject to this Rule after its effective date shall obtain a certificate from Extension or
the Division within one year from the date that they become subject verifying completion of training that
addresses, at minimum, proper management of nitrogen and phosphorus.
(3) Persons who fail to sign up or to obtain the nutrient management certificate within the required timeframes
or who are found by the Director to have knowingly failed to follow nutrient management requirements as
referenced in Subparagraphs (f)(1)(A) – (f)(1)(C) of this Rule shall be required to develop and properly
implement nutrient management plans pursuant to Paragraph (f) of this Rule.
(4) Training certificates must be kept on-site or be produced within 24 hours of a request by the Division.
(f) NUTRIENT MANAGEMENT PLANS. Persons who choose to meet this Rule’s requirements by completing a nutrient
management plan shall meet the following requirements.
(1) Persons who are subject to this Rule as of its effective date and persons who become subject to this Rule
after its effective date shall develop a nutrient management plan that meets the following standards within
five years of the effective date or within 6 months from the date that they become subject, whichever is
later.
(A) Nutrient management plans for cropland shall meet the standards and specifications adopted by
the NC Soil and Water Conservation Commission, including those found in 15A NCAC 06E
.0104 and 15A NCAC 06F .0104, which are incorporated herein by reference, including any
subsequent amendments and additions to such rules that are in place at the time that plans are
approved by a technical specialist as required under Subparagraph (f)(2) of this Rule.
(B) Nutrient management plans for turfgrass shall follow the North Carolina Cooperative Extension
Service guidelines in "Water Quality and Professional Lawn Care" (NCCES publication number
WQMM-155), "Water Quality and Home Lawn Care" (NCCES publication number WQMM-
151), or guidelines distributed by land-grant universities. Copies may be obtained from the
Division of Water Quality, 512 North Salisbury Street, Raleigh, North Carolina 27626 at no cost.

(C) Nutrient management plans for nursery crops and greenhouse production shall follow the
Southern Nurserymen’s Association guidelines promulgated in "Best Management Practices
Guide For Producing Container-Grown Plants" or guidelines distributed by land-grant
universities. Copies may be obtained from the Southern Nurserymen’s Association, 1000 Johnson
Ferry Road, Suite E-130, Marietta, GA 30068-2100 at a cost of thirty-five dollars ($35.00). The
materials related to nutrient management plans for turfgrass, nursery crops and greenhouse
production are hereby incorporated by reference including any subsequent amendments and
editions and are available for inspection at the Department of Environment and Natural Resources
Library, 512 North Salisbury Street, Raleigh, North Carolina.
(2) The person who writes the nutrient management plan shall have the plan approved in writing by a technical
specialist. Appropriate technical specialists shall be as follows.
(A) Nutrient management plans for cropland using either inorganic fertilizer or organic nutrients shall
be approved by a technical specialist designated pursuant to the process and criteria specified in
Rules adopted by the Soil and Water Conservation Commission for nutrient management
planning, including 15A NCAC 06F .0105, excepting Subparagraph (a)(2) of that Rule.
(B) Nutrient management plans for turfgrass and nursery crops and greenhouse production shall be
approved by a technical specialist designated by the Soil and Water Conservation Commission
pursuant to the process and criteria specified in 15A NCAC 06F .0105, excepting Subparagraph
(a)(2) of that Rule. If the Soil and Water Conservation Commission does not designate such
specialists, then the Environmental Management Commission shall do so using the same process
and criteria.
(3) Nutrient management plans and supporting documents must be kept on-site or be produced within 24 hours
of a request by the Division.
(4) The Division shall develop model nutrient management plans in consultation with the Cooperative
Extension Service. The model plans shall address both nitrogen and phosphorus, and shall address the
source of nutrients, the amount of nutrient applied, the placement of nutrients, and the timing of nutrient
applications.
(g) COMPLIANCE. Persons who fail to comply with this Rule are subject to enforcement measures authorized in G.S. 143-
215.6A (civil penalties), G.S. 143-215.6B (criminal penalties), and G.S. 143-215.6C (injunctive relief).
(h) BASINWIDE EDUCATION. The Division shall be responsible for developing and implementing an education program
that informs homeowners in the basin on proper residential nutrient management. The program shall be designed to reach as
much of the residential population of the basin as practical on an ongoing basis. At a minimum, it shall emphasize
fundamental nutrient management principles as well as measures for reducing stormwater runoff from residential properties.
The Division shall begin implementation of the program within three years of the effective date of this Rule.

History Note: Authority G. S. 143-214.1; 143-214.7; 143-215.3(a)(1); 143-215.6A; 143-215.6B; 143-215.6C; 143B-
282(d);
Eff. April 1, 2001.

15A NCAC 02B .0258 TAR-PAMLICO RIVER BASIN-NUTRIENT SENSITIVE WATERS MANAGEMENT
STRATEGY: BASINWIDE STORMWATER REQUIREMENTS
(a) PURPOSE. The purposes of this Rule are as follows.
(1) To achieve and maintain a reduction in nitrogen loading to the Pamlico estuary from lands in the Tar-
Pamlico River Basin on which new development occurs. The goal of this Rule is to achieve a 30 percent
reduction relative to pre-development levels;
(2) To limit phosphorus loading from these lands to the estuary. The goal of this Rule is to limit phosphorus
loading to pre-development levels;
(3) To provide control for peak stormwater flows from new development lands to ensure that the nutrient
processing functions of existing riparian buffers and streams are not compromised by channel erosion; and
(4) To minimize, to the greatest extent practicable, nitrogen and phosphorus loading to the estuary from
existing developed areas in the basin.
(b) APPLICABILITY. This Rule shall apply to local governments in the Tar-Pamlico basin according to the following
criteria.
(1) This Rule shall apply to the following municipal areas:
(A) Greenville
(B) Henderson
(C) Oxford
(D) Rocky Mount
(E) Tarboro
(F) Washington
(2) This Rule shall apply to the following counties:
(A) Beaufort
(B) Edgecombe
(C) Franklin
(D) Nash
(E) Pitt
(3) The Environmental Management Commission may designate additional local governments as subject to this
Rule by amending this Rule based on the potential of those jurisdictions to contribute significant nutrient
loads to the Tar-Pamlico River. At a minimum, the Commission shall review the need for additional
designations as part of the Basinwide process for the Tar-Pamlico River Basin. The Commission shall
consider, at a minimum, the following criteria related to local governments: population within the basin,
population density, past and projected growth rates, proximity to the estuary, and the designation status of
municipalities within candidate counties.
(c) REQUIREMENTS. All local governments subject to this Rule shall develop stormwater management programs for
submission to and approval by the Commission according to the following minimum standards:
(1) A requirement that developers submit a stormwater management plan for all new developments proposed
within their jurisdictions. These stormwater plans shall not be approved by the subject local governments
unless the following criteria are met:
(A) The nitrogen load contributed by the proposed new development activity shall not exceed 70
percent of the average nitrogen load contributed by the non-urban areas in the Tar-Pamlico River
basin based on land use data and nitrogen export research data. Based on 1995 land use data and
available research, the nitrogen load value shall be 4.0 pounds per acre per year;
(B) The phosphorus load contributed by the proposed new development activity shall not exceed the
average phosphorus load contributed by the non-urban areas in the Tar-Pamlico River basin based
on land use data and phosphorus export research data. Based on 1995 land use data and available
research, the phosphorus load value shall be 0.4 pounds per acre per year;
(C) The new development shall not cause erosion of surface water conveyances. At a minimum, the
new development shall not result in a net increase in peak flow leaving the site from pre-
development conditions for the 1-year, 24-hour storm event; and
(D) Developers shall have the option of partially offsetting their nitrogen and phosphorus loads by
providing treatment of off-site developed areas. The off-site area must drain to the same
classified surface water, as defined in the Schedule of Classifications, 15A NCAC 2B .0316, that
the development site drains to most directly. The developer must provide legal assurance of the
dedicated use of the off-site area for the purposes described here, including achievement of
specified nutrient load reductions and provision for regular operation and maintenance activities,
in perpetuity. The legal assurance shall include an instrument, such as a conservation easement,
that maintains this restriction upon change of ownership or modification of the off-site property.
Before using off-site treatment, the new development must attain a maximum nitrogen export of
six pounds/acre/year for residential development and 10 pounds/acre/year for commercial or
industrial development.
(2) A public education program to inform citizens of how to reduce nutrient pollution and to inform developers
about the nutrient and flow control requirements set forth in Part (c)(1).
(3) A mapping program that includes major components of the municipal separate storm sewer system, waters
of the State, land use types, and location of sanitary sewers.
(4) A program to identify and remove illegal discharges.
(5) A program to identify and prioritize opportunities to achieve nutrient reductions from existing developed
areas.
(6) A program to ensure maintenance of BMPs implemented as a result of the provisions in Subparagraphs
(c)(1) and (c)(5).
(7) A program to ensure enforcement and compliance with the provisions in Subparagraph (c)(1).
(8) Local governments may include regional or jurisdiction-wide strategies within their stormwater programs
as alternative means of achieving partial nutrient removal or flow control. At a minimum, such strategies
shall include demonstration that any proposed measures will not contribute to degradation of surface water
quality, degradation of aquatic or wetland habitat or biota, or destabilization of conveyance structure of
involved surface waters. Such local governments shall also be responsible for including appropriate
supporting information to quantify nutrient and flow reductions provided by these measures and describing
the administrative process for implementing such strategies.
(d) TIMEFRAME FOR IMPLEMENTATION. The timeframe for implementing the stormwater management program shall
be as follows:
(1) Within 12 months of the effective date of this Rule, the Division shall submit a model local stormwater
program that embodies the minimum criteria described in Paragraph (c) of this Rule to the Commission for
approval. The Division shall work in cooperation with subject local governments in developing this model
program.
(2) Within 12 months of the Commission's approval of the model local stormwater program or within 12
months of a local government's later designation pursuant to Subparagraph (b)(3), subject local
governments shall submit their local stormwater management programs to the Commission for review and
approval. These local programs shall meet or exceed the requirements in Paragraph (c) of this Rule.
(3) Within 18 months of the Commission's approval of the model local stormwater program or within 18
months of a local government's later designation pursuant to Subparagraph (b)(3), subject local
governments shall adopt and implement their approved local stormwater management program.
(4) Local governments administering a stormwater management program shall submit annual reports to the
Division documenting their progress and net changes to nitrogen load by October 30 of each year.
(e) COMPLIANCE. A local government that fails to submit an acceptable local stormwater management program within the
timeframe established in this Rule or fails to implement an approved program shall be in violation of this Rule. In this case,
the stormwater management requirements for its jurisdiction shall be administered through the NPDES municipal stormwater
permitting program per 15A NCAC 2H .0126. Any local government that is subject to an NPDES municipal stormwater
permit pursuant to this Rule shall:
(1) Develop and implement comprehensive stormwater management program to reduce nutrients from both
existing and new development. This stormwater management program shall meet the requirements of
Paragraph (c) of this Rule for new and existing development.
(2) Be subject to the NPDES permit for at least one permitting cycle (five years) before it is eligible to submit
a local stormwater management program to the Commission for consideration and approval.

History Note: Authority G.S. 143-214.1; 143-214.7; 143-215.3(a)(1); 143-215.6A; 143-215.6B; 143-215.6C; 143-
282(d);
Eff. April 1, 2001.

15A NCAC 02B .0259 TAR-PAMLICO RIVER BASIN: NUTRIENT SENSITIVE WATERS MANAGEMENT
STRATEGY: PROTECTION AND MAINTENANCE OF EXISTING RIPARIAN BUFFERS
The following is the management strategy for maintaining and protecting existing riparian buffers in the Tar-Pamlico River
Basin.
(1) PURPOSE. The purpose of this Rule shall be to protect and preserve existing riparian buffers, to maintain
their nutrient removal functions, in the entire Tar-Pamlico River Basin, whose surface waters are described
in the Schedule of Classifications, 15A NCAC 02B .0316.
(2) DEFINITIONS. For the purpose of this Rule, these terms shall be defined as follows:
(a) "Channel" means a natural water-carrying trough cut vertically into low areas of the land surface
by erosive action of concentrated flowing water or a ditch or canal excavated for the flow of
water. (current definition in Forest Practice Guidelines Related to Water Quality, 15A NCAC 01I
.0102)
(b) "DBH" means Diameter at Breast Height of a tree, which is measured at 4.5 feet above ground
surface level.
(c) "Ditch or canal" means a man-made channel other than a modified natural stream constructed for
drainage purposes that is typically dug through inter-stream divide areas. A ditch or canal may
have flows that are perennial, intermittent, or ephemeral and may exhibit hydrological and
biological characteristics similar to perennial or intermittent streams.
(d) "Ephemeral (stormwater) stream" means a feature that carries only stormwater in direct response
to precipitation with water flowing only during and shortly after large precipitation events. An
ephemeral stream may or may not have a well-defined channel, the aquatic bed is always above
the water table, and stormwater runoff is the primary source of water. An ephemeral stream
typically lacks the biological, hydrological, and physical characteristics commonly associated with
the continuous or intermittent conveyance of water.
(e) "Forest plantation" means an area of planted trees that may be conifers (pines) or hardwoods. On
a plantation, the intended crop trees are planted rather than naturally regenerated from seed on the
site, coppice (sprouting), or seed that is blown or carried into the site.
(f) "High Value Tree" means a tree that meets or exceeds the following standards: for pine species,
14-inch DBH or greater or 18-inch or greater stump diameter; and, for hardwoods and wetland
species, 16-inch DBH or greater or 24-inch or greater stump diameter.
(g) "Intermittent stream" means a well-defined channel that contains water for only part of the year,
typically during winter and spring when the aquatic bed is below the water table. The flow may
be heavily supplemented by stormwater runoff. An intermittent stream often lacks the biological
and hydrological characteristics commonly associated with the conveyance of water.
(h) "Modified natural stream" means an on-site channelization or relocation of a stream channel and
subsequent relocation of the intermittent or perennial flow as evidenced by topographic alterations
in the immediate watershed. A modified natural stream must have the typical biological,
hydrological, and physical characteristics commonly associated with the continuous conveyance
of water.
(i) "Perennial stream" means a well-defined channel that contains water year round during a year of
normal rainfall with the aquatic bed located below the water table for most of the year.
Groundwater is the primary source of water for a perennial stream, but it also carries stormwater
runoff. A perennial stream exhibits the typical biological, hydrological, and physical
characteristics commonly associated with the continuous conveyance of water.
(j) "Perennial waterbody" means a natural or man-made basin that stores surface water permanently
at depths sufficient to preclude growth of rooted plants, including lakes, ponds, sounds, non-
stream estuaries and ocean. For the purpose of the State's riparian buffer protection program, the
waterbody must be part of a natural drainageway (i.e., connected by surface flow to a stream).
(k) "Stream" means a body of concentrated flowing water in a natural low area or natural channel on
the land surface.
(l) "Surface waters" means all waters of the state as defined in G.S. 143-212 except underground
waters.
(m) "Tree" means a woody plant with a DBH equal to or exceeding five inches.
(3) APPLICABILITY. This Rule shall apply to 50-foot wide riparian buffers directly adjacent to surface
waters in the Tar-Pamlico River Basin (intermittent streams, perennial streams, lakes, ponds, and estuaries),
excluding wetlands. Except as described in Sub-Item (4)(a)(iii) of this Rule, wetlands adjacent to surface
waters or within 50 feet of surface waters shall be considered as part of the riparian buffer but are regulated
pursuant to 15A NCAC 02H .0506. The riparian buffers protected by this Rule shall be measured pursuant
to Item (4) of this Paragraph. For the purpose of this Rule, a surface water shall be present if the feature is
approximately shown on either the most recent version of the soil survey map prepared by the Natural
Resources Conservation Service of the United States Department of Agriculture or the most recent version
of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the United States Geologic
Survey (USGS). Riparian buffers adjacent to surface waters that do not appear on either of the maps shall
not be subject to this Rule. Riparian buffers adjacent to surface waters that appear on the maps shall be
subject to this Rule unless one of the following applies.
(a) EXEMPTION WHEN AN ON-SITE DETERMINATION SHOWS THAT SURFACE WATERS
ARE NOT PRESENT. When a landowner or other affected party believes that the maps have
inaccurately depicted surface waters, he or she shall consult the Division or the appropriate
delegated local authority. Upon request, the Division or delegated local authority shall make on-
site determinations. Any disputes over on-site determinations shall be referred to the Director in
writing. A determination of the Director as to the accuracy or application of the maps is subject to
review as provided in Articles 3 and 4 of G.S. 150B. Surface waters that appear on the maps shall
not be subject to this Rule if an on-site determination shows that they fall into one of the following
categories.
(i) Ditches and manmade conveyances other than modified natural streams unless
constructed for navigation or boat access.
(ii) Manmade ponds and lakes that are located outside natural drainage ways.
(iii) Ephemeral (stormwater) streams.
(b) EXEMPTION WHEN EXISTING USES ARE PRESENT AND ONGOING. This Rule shall not
apply to portions of the riparian buffer where a use is existing and ongoing according to the
following:
(i) A use shall be considered existing if it was present within the riparian buffer as of
January 1, 2000. Existing uses shall include, but not be limited to, agriculture, buildings,
industrial facilities, commercial areas, transportation facilities, maintained lawns, utility
lines and on-site sanitary sewage systems. Only the portion of the riparian buffer that
contains the footprint of the existing use is exempt from this Rule. Activities necessary
to maintain uses are allowed provided that no additional vegetation is removed from
Zone 1, except that grazed or trampled by livestock, and existing diffuse flow is
maintained. Grading and revegetating Zone 2 is allowed provided that the health of the
vegetation in Zone 1 is not compromised, the ground is stabilized and existing diffuse
flow is maintained.
(ii) At the time an existing use is proposed to be converted to another use, this Rule shall
apply. An existing use shall be considered to be converted to another use if any of the
following applies:
(A) Impervious surface is added to the riparian buffer in locations where it did not
exist previously.
(B) An agricultural operation within the riparian buffer is converted to a non-
agricultural use.
(C) A lawn within the riparian buffer ceases to be maintained.
(4) ZONES OF THE RIPARIAN BUFFER. The protected riparian buffer shall have two zones as follows:
(a) Zone 1 shall consist of a vegetated area that is undisturbed except for uses provided for in Item (6)
of this Rule. The location of Zone 1 shall be as follows:
(i) For intermittent and perennial streams, Zone 1 shall begin at the most landward limit of
the top of bank or the rooted herbaceous vegetation and extend landward a distance of
30 feet on all sides of the surface water, measured horizontally on a line perpendicular to
the surface water.
(ii) For ponds, lakes and reservoirs located within a natural drainage way, Zone 1 shall begin
at the most landward limit of the normal water level or the rooted herbaceous vegetation
and extend landward a distance of 30 feet, measured horizontally on a line perpendicular
to the surface water.
(iii) For surface waters within the 20 Coastal Counties (defined in 15A NCAC 02B .0202)
within the jurisdiction of the Division of Coastal Management, Zone 1 shall begin at the
most landward limit of:
(A) the normal high water level;
(B) the normal water level; or
(C) the landward limit of coastal wetlands as defined by the Division of
Coastal Management;
and extend landward a distance of 30 feet, measured horizontally on a line perpendicular
to the surface water, whichever is more restrictive.
(b) Zone 2 shall consist of a stable, vegetated area that is undisturbed except for activities and uses
provided for in Item (6) of this Rule. Grading and revegetating Zone 2 is allowed provided that
the health of the vegetation in Zone 1 is not compromised. Zone 2 shall begin at the outer edge of
Zone 1 and extend landward 20 feet as measured horizontally on a line perpendicular to the
surface water. The combined width of Zones 1 and 2 shall be 50 feet on all sides of the surface
water.
(5) DIFFUSE FLOW REQUIREMENT. Diffuse flow of runoff shall be maintained in the riparian buffer by
dispersing concentrated flow and reestablishing vegetation.
(a) Concentrated runoff from new ditches or manmade conveyances shall be converted to diffuse flow
before the runoff enters Zone 2 of the riparian buffer.
(b) Periodic corrective action to restore diffuse flow shall be taken if necessary to impede the
formation of erosion gullies.
(6) TABLE OF USES. The following chart sets out the uses and their designation under this Rule as exempt,
allowable, allowable with mitigation, or prohibited. The requirements for each category are given in Item
(7) of this Rule.

Exempt Allowable Allowable
with
Mitigation
Prohibited
Airport facilities:
 Airport facilities that impact equal to or less than 150
linear feet or one-third of an acre of riparian buffer
 Airport facilities that impact greater than 150 linear feet or
one-third of an acre of riparian buffer

X

X

Archaeological activities X
Bridges X
Dam maintenance activities X
Drainage ditches, roadside ditches and stormwater outfalls
through riparian buffers:
 Existing drainage ditches, roadside ditches, and
stormwater outfalls provided that they are managed to
minimize the sediment, nutrients and other pollution that
convey to waterbodies
 New drainage ditches, roadside ditches and stormwater
outfalls provided that a stormwater management facility is
installed to control nitrogen and attenuate flow before the
conveyance discharges through the riparian buffer
 New drainage ditches, roadside ditches and stormwater
outfalls that do not provide control for nitrogen before
discharging through the riparian buffer
 Excavation of the streambed in order to bring it to the
same elevation as the invert of a ditch

X

X

X

X
Drainage of a pond in a natural drainage way provided that a
new riparian buffer that meets the requirements of Items (4)
and (5) of this Rule is established adjacent to the new
channel
X

Driveway crossings of streams and other surface waters
subject to this Rule:
 Driveway crossings on single family residential lots that
disturb equal to or less than 25 linear feet or 2,500
square feet of riparian buffer
 Driveway crossings on single family residential lots that
disturb greater than 25 linear feet or 2,500 square feet of
riparian buffer
 In a subdivision that cumulatively disturb equal to or less
than 150 linear feet or one-third of an acre of riparian
buffer
 In a subdivision that cumulatively disturb greater than 150
linear feet or one-third of an acre of riparian buffer

X

X

X

X

Fences provided that disturbance is minimized and
installation does not result in removal of forest vegetation
X

Forest harvesting - see Item (11) of this Rule
Fertilizer application:
 One-time fertilizer application to establish replanted

X

vegetation
 Ongoing fertilizer application

X
Grading and revegetation in Zone 2 only provided that
diffuse flow and the health of existing vegetation in Zone 1
is not compromised and disturbed areas are stabilized

X

Greenway / hiking trails X
Historic preservation X
Landfills as defined by G..S. 130A-290. X
Mining activities:
 Mining activities that are covered by the Mining Act
provided that new riparian buffers that meet the
requirements of Items (4) and (5) of this Rule are
established adjacent to the relocated channels
 Mining activities that are not covered by the Mining Act
OR where new riparian buffers that meet the requirements
or Items (4) and (5) of this Rule are not established
adjacent to the relocated channels
 Wastewater or mining dewatering wells with approved
NPDES permit

X

X

X

Non-electric utility lines:
 Impacts other than perpendicular crossings in Zone 2
only3
 Impacts other than perpendicular crossings in Zone 13

X

X

Non-electric utility line perpendicular crossings of streams
and other surface waters subject to this Rule3:
Perpendicular crossings that disturb equal to or less than 40
linear feet of riparian buffer with a maintenance corridor
equal to or less than 10 feet in width
 Perpendicular crossings that disturb equal to or less than
40 linear feet of riparian buffer with a maintenance corridor
greater than 10 feet in width
 Perpendicular crossings that disturb greater than 40 linear
feet but equal to or less than 150 linear feet of riparian
buffer with a maintenance corridor equal to or less than 10
feet in width
 Perpendicular crossings that disturb greater than 40 linear
feet but equal to or less than 150 linear feet of riparian
buffer with a maintenance corridor greater than 10 feet in
width
 Perpendicular crossings that disturb greater than 150
linear feet of riparian buffer

X

X

X

X

X

On-site sanitary sewage systems B new ones that use ground
absorption
X
Overhead electric utility lines:
 Impacts other than perpendicular crossings in Zone 2
only3
 Impacts other than perpendicular crossings in Zone 11,2,3

X

X

Overhead electric utility line perpendicular crossings of
streams and other surface waters subject to this Rule3:
 Perpendicular crossings that disturb equal to or less than

X

150 linear feet of riparian buffer 1
 Perpendicular crossings that disturb greater than 150
linear feet of riparian buffer 1,2

X
Periodic maintenance of modified natural streams such as
canals and a grassed travelway on one side of the surface
water when alternative forms of maintenance access are not
practical
X

1 Provided that, in Zone 1, all of the following BMPs for overhead utility lines are used. If all of these BMPs are not used,
then the overhead utility lines shall require a no practical alternative evaluation by the Division.
 A minimum zone of 10 feet wide immediately adjacent to the water body shall be managed such that only vegetation
that poses a hazard or has the potential to grow tall enough to interfere with the line is removed.
 Woody vegetation shall be cleared by hand. No land grubbing or grading is allowed.
 Vegetative root systems shall be left intact to maintain the integrity of the soil. Stumps shall remain where trees are
cut.
 Rip rap shall not be used unless it is necessary to stabilize a tower.
 No fertilizer shall be used other than a one-time application to re-establish vegetation.
 Construction activities shall minimize the removal of woody vegetation, the extent of the disturbed area, and the time
in which areas remain in a disturbed state.
 Active measures shall be taken after construction and during routine maintenance to ensure diffuse flow of
stormwater through the buffer.
 In wetlands, mats shall be utilized to minimize soil disturbance.
2 Provided that poles or towers shall not be installed within 10 feet of a water body unless the Division completes a no
practical alternative evaluation.
3 Perpendicular crossings are those that intersect the surface water at an angle between 75o and 105 o.

Exempt Allowable Allowable
with
Mitigation
Prohibited
Playground equipment:
 Playground equipment on single family lots provided that
installation and use does not result in removal of vegetation
 Playground equipment installed on lands other than single-
family lots or that requires removal of vegetation

X

X

Ponds in natural drainage ways, excluding dry ponds:
 New ponds provided that a riparian buffer that meets the
requirements of Items (4) and (5) of this Rule is established
adjacent to the pond
 New ponds where a riparian buffer that meets the
requirements of Items (4) and (5) of this Rule is NOT
established adjacent to the pond

X

X

Protection of existing structures, facilities and streambanks
when this requires additional disturbance of the riparian
buffer or the stream channel
X
Railroad impacts other than crossings of streams and other
surface waters subject to this Rule.
X
Railroad crossings of streams and other surface waters
subject to this Rule:
 Railroad crossings that impact equal to or less than 40
linear feet of riparian buffer
 Railroad crossings that impact greater than 40 linear feet
but equal to or less than 150 linear feet or one-third of an

X

X

acre of riparian buffer
 Railroad crossings that impact greater than 150 linear feet
or one-third of an acre of riparian buffer

X
Removal of previous fill or debris provided that diffuse flow
is maintained and any vegetation removed is restored
X
Road impacts other than crossings of streams and other
surface waters subject to this Rule
X
Road crossings of streams and other surface waters subject to
this Rule:
Road crossings that impact equal to or less than 40 linear
feet of riparian buffer
Road crossings that impact greater than 40 linear feet but
equal to or less than 150 linear feet or one-third of an acre of
riparian buffer
Road crossings that impact greater than 150 linear feet or
one-third of an acre of riparian buffer

X

X

X

Scientific studies and stream gauging X
Stormwater management ponds excluding dry ponds:
$New stormwater management ponds provided that a
riparian buffer that meets the requirements of Items (4) and
(5) of this Rule is established adjacent to the pond
$New stormwater management ponds where a riparian buffer
that meets the requirements of Items (4) and (5) of this Rule
is NOT established adjacent to the pond

X

X

Stream restoration X
Streambank stabilization X
Temporary roads:
Temporary roads that disturb less than or equal to 2,500
square feet provided that vegetation is restored within six
months of initial disturbance
Temporary roads that disturb greater than 2,500 square feet
provided that vegetation is restored within six months of
initial disturbance
Temporary roads used for bridge construction or
replacement provided that restoration activities such as soil
stabilization and revegetation, occur immediately after
construction

X

X

X

Temporary sediment and erosion control devices:
 In Zone 2 only provided that the vegetation in Zone 1 is
not compromised and that discharge is released as diffuse
flow in accordance with Item (5) of this Rule
 In Zones 1 and 2 to control impacts associated with uses
approved by the Division or that have received a variance
provided that sediment and erosion control for upland
areas is addressed to the maximum extent practical outside
the buffer
 In-stream temporary erosion and sediment control
measures for work within a stream channel

X

X

X

Underground electric utility lines:
 Impacts other than perpendicular crossings in Zone 2 only3

X

 Impacts other than perpendicular crossings in Zone 1 4 X
Underground electric utility line perpendicular crossings of
streams and other surface waters subject to this Rule:
 Perpendicular crossings that disturb less than or equal to
40 linear feet of riparian buffer 4
 Perpendicular crossings that disturb greater than 40 linear
feet of riparian buffer 4

X

X

4 Provided that, in Zone 1, all of the following BMPs for underground utility lines are used. If all of these BMPs are not used,
then the underground utility line shall require a no practical alternative evaluation by the Division.
 Woody vegetation shall be cleared by hand. No land grubbing or grading is allowed.
 Vegetative root systems shall be left intact to maintain the integrity of the soil. Stumps shall remain, except in the
trench, where trees are cut.
 Underground cables shall be installed by vibratory plow or trenching.
 The trench shall be backfilled with the excavated soil material immediately following cable installation.
 No fertilizer shall be used other than a one-time application to re-establish vegetation.
 Construction activities shall minimize the removal of woody vegetation, the extent of the disturbed area, and the time
in which areas remain in a disturbed state.
 Active measures shall be taken after construction and during routine maintenance to ensure diffuse flow of
stormwater through the buffer.
 In wetlands, mats shall be utilized to minimize soil disturbance.
Exempt Allowable Allowable
with
Mitigation
Prohibited
Vegetation management:
 Emergency fire control measures provided that topography
is restored
 Periodic mowing and harvesting of plant products in Zone
2 only
 Planting vegetation to enhance the riparian buffer
 Pruning forest vegetation provided that the health and
function of the forest vegetation is not compromised
 Removal of individual trees which are in danger of causing
damage to dwellings, other structures or human life
 Removal or poison ivy
 Removal of understory nuisance vegetation as defined in:
Smith, Cherri L. 1998. Exotic Plant Guidelines. Dept. of
Environment and Natural Resources. Division of Parks and
Recreation. Raleigh, NC. Guideline #30

X

X

X
X

X

X
X

Water dependent structures as defined in 15A NCAC 2B
.0202
X
Water supply reservoirs:
 New reservoirs provided that a riparian buffer that meets
the requirements of Items (4) and (5) of this Rule is
established adjacent to the reservoir
 New reservoirs where a riparian buffer that meets the
requirements of Items (4) and (5) of this Rule is NOT
established adjacent to the reservoir

X

X

Water wells X
Wetland restoration X

(7) REQUIREMENTS FOR CATEGORIES OF USES. Uses designated as exempt, allowable, allowable with
mitigation and prohibited in Item (6) of this Rule shall have the following requirements:
(a) EXEMPT. Uses designated as exempt are allowed within the riparian buffer. Exempt uses shall
be designed, constructed and maintained to minimize soil disturbance and to provide the
maximum water quality protection practicable. In addition, exempt uses shall meet requirements
listed in Item (6) of this Rule for the specific use.
(b) ALLOWABLE. Uses designated as allowable may proceed within the riparian buffer provided
that there are no practical alternatives to the requested use pursuant to Item (8) of this Rule.
These uses require written authorization from the Division or the delegated local authority.
(c) ALLOWABLE WITH MITIGATION. Uses designated as allowable with mitigation may
proceed within the riparian buffer provided that there are no practical alternatives to the requested
use pursuant to Item (8) of this Rule and an appropriate mitigation strategy has been approved
pursuant to Item (10) of this Rule. These uses require written authorization from the Division or
the delegated local authority.
(d) PROHIBITED. Uses designated as prohibited may not proceed within the riparian buffer unless a
variance is granted pursuant to Item (9) of this Rule. Mitigation may be required as one condition
of a variance approval.
(8) DETERMINATION OF ANO PRACTICAL ALTERNATIVES." Persons who wish to undertake uses
designated as allowable or allowable with mitigation shall submit a request for a "no practical alternatives"
determination to the Division or to the delegated local authority. The applicant shall certify that the criteria
identified in Sub-Item (8)(a) of this Rule are met. The Division or the delegated local authority shall grant
an Authorization Certificate upon a "no practical alternatives" determination. The procedure for making an
Authorization Certificate shall be as follows:
(a) For any request for an Authorization Certificate, the Division or the delegated local authority shall
review the entire project and make a finding of fact as to whether the following requirements have
been met in support of a "no practical alternatives" determination:
(i) The basic project purpose cannot be practically accomplished in a manner that would
better minimize disturbance, preserve aquatic life and habitat, and protect water quality.
(ii) The use cannot practically be reduced in size or density, reconfigured or redesigned to
better minimize disturbance, preserve aquatic life and habitat, and protect water quality.
(iii) Best management practices shall be used if necessary to minimize disturbance, preserve
aquatic life and habitat, and protect water quality.
(b) Requests for an Authorization Certificate shall be reviewed and either approved or denied within
60 days of receipt of a complete submission based on the criteria in Sub-Item (8)(a) of this Rule
by either the Division or the delegated local authority. Failure to issue an approval or denial
within 60 days shall constitute that the applicant has demonstrated "no practical alternatives."
The Division or the delegated local authority may attach conditions to the Authorization
Certificate that support the purpose, spirit and intent of the riparian buffer protection program.
Complete submissions shall include the following:
(i) The name, address and phone number of the applicant;
(ii) The nature of the activity to be conducted by the applicant;
(iii) The location of the activity, including the jurisdiction;
(iv) A map of sufficient detail to accurately 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;
(v) An explanation of why this plan for the activity cannot be practically accomplished,
reduced or reconfigured to better minimize disturbance to the riparian buffer, preserve
aquatic life and habitat and protect water quality; and
(vi) Plans for any best management practices proposed to be used to control the impacts
associated with the activity.
(c) Any disputes over determinations regarding Authorization Certificates shall be referred to the
Director for a decision. The Director's decision is subject to review as provided in Articles 3 and
4 of G.S. 150B.
(9) VARIANCES. Persons who wish to undertake uses designated as prohibited may pursue a variance. The
Division or the appropriate delegated local authority may grant minor variances. The variance request
procedure shall be as follows:
(a) For any variance request, the Division or the delegated local authority shall make a finding of fact
as to whether the following requirements have been met:
(i) There are practical difficulties or unnecessary hardships that prevent compliance with
the strict letter of the riparian buffer protection requirements. Practical difficulties or
unnecessary hardships shall be evaluated in accordance with the following:
(A) If the applicant complies with the provisions of this Rule, he/she can secure no
reasonable return from, nor make reasonable use of, his/her property. Merely
proving that the variance would permit a greater profit from the property shall
not be considered adequate justification for a variance. Moreover, the Division
or delegated local authority shall consider whether the variance is the minimum
possible deviation from the terms of this Rule that shall make reasonable use of
the property possible.
(B) The hardship results from application of this Rule to the property rather than
from other factors such as deed restrictions or other hardship.
(C) The hardship is due to the physical nature of the applicant's property, such as
its size, shape, or topography, which is different from that of neighboring
property.
(D) The applicant did not cause the hardship by knowingly or unknowingly
violating this Rule.
(E) The applicant did not purchase the property after the effective date of this Rule,
and then request an appeal.
(F) The hardship is unique to the applicant's property, rather than the result of
conditions that are widespread. If other properties are equally subject to the
hardship created in the restriction, then granting a variance would be a special
privilege denied to others, and would not promote equal justice;
(ii) The variance is in harmony with the general purpose and intent of the State's riparian
buffer protection requirements and preserves its spirit; and
(iii) In granting the variance, the public safety and welfare have been assured, water quality
has been protected, and substantial justice has been done.
(b) MINOR VARIANCES. A minor variance request pertains to activities that are proposed only to
impact any portion of Zone 2 of the riparian buffer. Minor variance requests shall be reviewed
and approved based on the criteria in Sub-Item (9)(a) of this Rule by the either the Division or the
delegated local authority pursuant to G.S. 153A-Article 18, or G.S. 160A-Article 19. The
Division or the delegated local authority may attach conditions to the variance approval that
support the purpose, spirit and intent of the riparian buffer protection program. Requests for
appeals of decisions made by the Division shall be made to the Office of Administrative Hearings.
Request for appeals made by the delegated local authority shall be made to the appropriate Board
of Adjustment under G.S. 160A-388 or G.S. 153A-345.
(c) MAJOR VARIANCES. A major variance request pertains to activities that are proposed to
impact any portion of Zone 1 or any portion of both Zones 1 and 2 of the riparian buffer. If the
Division or the delegated local authority has determined that a major variance request meets the
requirements in Sub-Item (9)(a) of this Rule, then it shall prepare a preliminary finding and submit
it to the Commission. Preliminary findings on major variance requests shall be reviewed by the
Commission within 90 days after receipt by the Director. Requests for appeals of determinations
that the requirements of Sub-Item (9)(a) of this Paragraph have not been met shall be made to the
Office of Administrative Hearings for determinations made by the Division or the appropriate
Board of Adjustments under G.S. 160A-388 or G.S. 153A-345 for determinations made by the
delegated local authority. The purpose of the Commission's review is to determine if it agrees
that the requirements in Sub-Item (9)(a) of this Rule have been met. Requests for appeals of
decisions made by the Commission shall be made to the Office of Administrative Hearings. The
following actions shall be taken depending on the Commission's decision on the major variance
request:
(i) Upon the Commission's approval, the Division or the delegated local authority shall
issue a final decision granting the major variance.
(ii) Upon the Commission's approval with conditions or stipulations, the Division or the
delegated local authority shall issue a final decision, which includes these conditions or
stipulations.
(iii) Upon the Commission's denial, the Division or the delegated local authority shall issue
a final decision denying the major variance.
(10) MITIGATION. Persons who wish to undertake uses designated as allowable with mitigation shall meet the
following requirements in order to proceed with their proposed use.
(a) Obtain a determination of "no practical alternatives" to the proposed use pursuant to Item (8) of
this Rule.
(b) Obtain approval for a mitigation proposal pursuant to 15A NCAC 02B .0260.
(11) REQUIREMENTS SPECIFIC TO FOREST HARVESTING. The following requirements shall apply for
forest harvesting operations and practices.
(a) The following measures shall apply in the entire riparian buffer:
(i) Logging decks and sawmill sites shall not be placed in the riparian buffer.
(ii) Access roads and skid trails shall be prohibited except for temporary and permanent
stream crossings established in accordance with 15A NCAC 01I .0203. Temporary
stream crossings shall be permanently stabilized after any site disturbing activity is
completed.
(iii) Timber felling shall be directed away from the stream or water body.
(iv) 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.
(v) Individual trees may be treated to maintain or improve their health, form or vigor.
(vi) Harvesting of dead or infected trees or application of pesticides necessary to prevent or
control extensive tree pest and disease infestation shall be allowed. These practices must
be approved by the Division of Forest Resources for a specific site. The Division of
Forest Resources must notify the Division of all approvals.
(vii) Removal of individual trees that are in danger of causing damage to structures or human
life shall be allowed.
(viii) Natural regeneration of forest vegetation and planting of trees, shrubs, or ground cover
plants to enhance the riparian buffer shall be allowed provided that soil disturbance is
minimized. Plantings shall consist primarily of native species.
(ix) High intensity prescribed burns shall not be allowed.
(x) Application of fertilizer shall not be allowed except as necessary for permanent
stabilization. Broadcast application of fertilizer or herbicides to the adjacent forest stand
shall be conducted so that the chemicals are not applied directly to or allowed to drift
into the riparian buffer.
(b) In Zone 1, forest vegetation shall be protected and maintained. Selective harvest as provided for
below is allowed on forest lands that have a deferment for use value under forestry in accordance
with G.S. 105-277.2 through G.S. 277.6 or on forest lands that have a forest management plan
prepared or approved by a registered professional forester. Copies of either the approval of the
deferment for use value under forestry or the forest management plan shall be produced upon
request. For such forest lands, selective harvest is allowed in accordance with the following:
(i) Tracked or wheeled vehicles are not permitted except at stream crossings designed,
constructed and maintained in accordance with 15A NCAC 01I .0203.
(ii) Soil disturbing site preparation activities are not allowed.
(iii) Trees shall be removed with the minimum disturbance to the soil and residual
vegetation.
(iv) The following provisions for selective harvesting shall be met:
(A) The first 10 feet of Zone 1 directly adjacent to the stream or waterbody shall be
undisturbed except for the removal of individual high value trees as defined
provided that no trees with exposed primary roots visible in the streambank be
cut.
(B) In the outer 20 feet of Zone 1, a maximum of 50 percent of the trees greater
than five inches dbh may be cut and removed. The reentry time for harvest
shall be no more frequent than every 15 years, except on forest plantations
where the reentry time shall be no more frequent than every five years. In
either case, the trees remaining after harvest shall be as evenly spaced as
possible.
(C) In Zone 2, harvesting and regeneration of the forest stand shall be allowed
provided that sufficient ground cover is maintained to provide for diffusion and
infiltration of surface runoff.
(12) REQUIREMENTS SPECIFIC TO LOCAL GOVERNMENTS WITH STORMWATER PROGRAMS
FOR NITROGEN CONTROL. Local governments in the Tar-Pamlico River Basin that are required to
have local stormwater programs to control nitrogen loading shall have two options for ensuring protection
of riparian buffers on new developments within their jurisdictions as follows.
(a) Obtain authority to implement a local riparian buffer protection program pursuant to 15A NCAC
02B .0261.
(b) Refrain from issuing local approvals for new development projects unless either:
(i) The person requesting the approval does not propose to impact the riparian buffer of a
surface water that appears on either the most recent versions of the soil survey maps
prepared by the Natural Resources Conservation Service of the United States
Department of Agriculture or the most recent versions of the 1:24,000 scale (7.5 minute
quadrangle) topographic maps prepared by the United States Geologic Survey (USGS).
(ii) The person requesting the approval proposes to impact the riparian buffer of a surface
water that appears on the maps described in Sub-Item (12)(b)(i) of this Paragraph and
either:
(A) Has received an on-site determination from the Division pursuant to Sub-Item
(3)(a) of this Rule that surface waters are not present;
(B) Has received an Authorization Certificate from the Division pursuant to Item
(8) of this Rule for uses designated as Allowable under this Rule;
(C) Has received an Authorization Certificate from the Division pursuant to Item
(8) of this Rule and obtained the Division's approval on a mitigation plan
pursuant to Item (10) of this Rule for uses designated as Allowable with
Mitigation under this Rule; or
(D) Has received a variance from the Commission pursuant to Item (9) of this Rule.
(13) OTHER LAWS, REGULATIONS AND PERMITS. In all cases, compliance with this Rule does not
preclude the requirement to comply with all federal, state and local regulations and laws.

History Note: Authority 143-214.1; 143-214.7; 143-215.3(a)(1); 143-215.6A; 143-215.6B; 143-215.6C; 143B-282(d);
S.L. 1999, c. 329, s. 7.1;
Temporary Adoption Eff. January 1, 2000;
Eff. August 1, 2000.

15A NCAC 02B .0260 TAR-PAMLICO RIVER BASIN - NUTRIENT SENSITIVE WATERS MANAGEMENT
STRATEGY: MITIGATION PROGRAM FOR PROTECTION AND MAINTENANCE OF RIPARIAN BUFFERS

History Note: Authority 143-214.1; 143-214.7; 143-215.3(a)(1); 143-215.6A; 143-215.6B; 143-215.6C; 143B-282(d);
S.L. 1999, c. 329, s. 7.1;
Temporary Adoption Eff. January 1, 2000;
Eff. August 1, 2000;
Repealed Eff. October 24, 2014.

15A NCAC 02B .0261 TAR-PAMLICO RIVER BASIN - NUTRIENT SENSITIVE WATERS MANAGEMENT
STRATEGY: DELEGATION OF AUTHORITY FOR THE PROTECTION AND MAINTENANCE OF EXISTING
RIPARIAN BUFFERS
This Rule sets out the following requirements for delegation of the responsibility for implementing and enforcing the Tar-
Pamlico Basin riparian buffer protection program, as described in Rule 15A NCAC 2B .0259, to local governments:
(1) PROCEDURES FOR GRANTING AND RESCINDING DELEGATION. The Commission shall grant
and rescind local government delegation of the Tar-Pamlico River Basin Riparian Buffer Protection
requirements, as described in Rule 15A NCAC 2B. 0259, according to the following procedures.
(a) Local governments within the Tar-Pamlico River Basin may submit a written request to the
Commission for authority to implement and enforce the Tar-Pamlico Basin riparian buffer
protection requirements within their jurisdiction. The written request shall be accompanied by
information which shows:
(i) 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);
(ii) The local government has the administrative organization, staff, legal authority, financial
and other resources necessary to implement and enforce the Tar-Pamlico Basin riparian
buffer protection requirements based on its size and projected amount of development;
(iii) The local government has adopted ordinances, resolutions, or regulations necessary to
establish and maintain the Tar-Pamlico Basin riparian buffer protection requirements;
and
(iv) The local government has provided a plan to address violations with appropriate
remedies and actions including, but not limited to, civil or criminal remedies that shall
restore buffer nutrient removal functions on violation sites and provide a deterrent
against the occurrence of future violations.
(b) Within 90 days after the Commission has received the request for delegation, the Commission
shall notify the local government whether it has been approved, approved with modifications, or
denied.
(c) The Commission, upon determination that a delegated local authority is failing to implement or
enforce the Tar-Pamlico Basin riparian buffer protection requirements in keeping with a request
approved under Sub-item (1)(b) of this Rule, shall notify the delegated local authority in writing
of the local program's inadequacies. If the delegated local authority has not corrected the
deficiencies within 90 days of receipt of the written notification, then the Commission shall
rescind the delegation of authority to the local government and shall implement and enforce the
Tar-Pamlico Basin riparian buffer protection requirements.
(d) The Commission may delegate its duties and powers for granting and rescinding local government
delegation of the Tar-Pamlico Basin riparian buffer protection requirements, in whole or in part,
to the Director.
(2) APPOINTMENT OF A RIPARIAN BUFFER PROTECTION ADMINISTRATOR. Upon receiving
delegation, local governments shall appoint a Riparian Buffer Protection Administrator who shall
coordinate the implementation and enforcement of the program. The Administrator shall attend an initial
training session by the Division and subsequent annual training sessions. The Administrator shall ensure
that local government staff working directly with the program receive training to understand, implement
and enforce the program.
(3) PROCEDURES FOR USES WITHIN RIPARIAN BUFFERS THAT ARE ALLOWABLE AND
ALLOWABLE WITH MITIGATION. Upon receiving delegation, local authorities shall review proposed
uses within the riparian buffer and issue approvals if the uses meet the Tar-Pamlico Basin riparian buffer
protection requirements. Delegated local authorities shall issue an Authorization Certificate for uses if the
proposed use meets the Tar-Pamlico Basin riparian buffer protection requirements, or provides for
appropriate mitigated provisions to the Tar-Pamlico Basin riparian buffer protection requirements. The
Division may challenge a decision made by a delegated local authority for a period of 30 days after the
Authorization Certificate is issued. If the Division does not challenge an Authorization Certificate within
30 days of issuance, then the delegated local authority's decision shall stand.
(4) VARIANCES. After receiving delegation, local governments shall review variance requests, provide
approvals for minor variance requests and make recommendations to the Commission for major variance
requests pursuant to the Tar-Pamlico Basin riparian buffer protection program.
(5) LIMITS OF DELEGATED LOCAL AUTHORITY. The Commission shall have jurisdiction to the
exclusion of local governments to implement the Tar-Pamlico Basin riparian buffer protection requirements
for the following types of activities:
(a) Activities conducted under the authority of the State;
(b) Activities conducted under the authority of the United States;
(c) Activities conducted under the authority of multiple jurisdictions;
(d) Activities conducted under the authority of local units of government.
(6) RECORD-KEEPING REQUIREMENTS. Delegated local authorities shall maintain on-site records for a
minimum of 5 years. Delegated local authorities must furnish a copy of these records to the Director within
30 days of receipt of a written request for the records. The Division shall inspect local riparian buffer
protection programs to ensure that the programs are being implemented and enforced in keeping with a
request approved under Sub-item (1)(b) of this Rule. Each delegated local authority's records shall include
the following:
(a) A copy of variance requests;
(b) The variance request's finding of fact;
(c) The result of the variance proceedings;
(d) A record of complaints and action taken as a result of the complaint;
(e) Records for stream origin calls and stream ratings; and
(f) Copies of request for authorization, records approving authorization and Authorization
Certificates.

History Note: Authority G S. 143-214.1; 143-214.7; 143-215.3(a)(1); 143-215.6A; 143-215.6B; 143-215.6C; 143B-
282(d); S.L. 1999; c. 329, s. 7.1;
Temporary Adoption Eff. January 1, 2000;
Eff. August 1, 2000.

15A NCAC 02B .0262 JORDAN WATER SUPPLY NUTRIENT STRATEGY: PURPOSE AND SCOPE
PURPOSE. The purpose of this Rule, 15A NCAC 02B .0263 through .0273 and .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.
(4) RESERVOIR ARMS AND SUBWATERSHEDS. For the purpose of the Jordan nutrient strategy, Jordan
Reservoir is divided into three arms and the Jordan watershed is divided into three tributary subwatersheds
as follows:
(a) The Upper New Hope arm of the reservoir, identified by index numbers 16-41-1-(14), 16-41-2-
(9.5), and 16-41-(0.5) in the Schedule of Classifications for the Cape Fear River Basin, 15A
NCAC 02B .0311, encompasses the upper end of the reservoir upstream of SR 1008, and its
subwatershed encompasses all lands and waters draining into it.
(b) The Lower New Hope arm of the reservoir, identified by index number 16-41-(3.5) in the
Schedule of Classifications for the Cape Fear River Basin, 15A NCAC 02B .0311, lies
downstream of SR 1008 and upstream of the Jordan Lake Dam, excluding the Haw River arm of
the reservoir, and its subwatershed encompasses all lands and waters draining into the Lower New
Hope arm of the reservoir excluding those that drain to the Upper New Hope arm of the reservoir
and the Haw River arm of the reservoir.
(c) The Haw River arm of the reservoir, identified by index number 16-(37.5) in the Schedule of
Classifications for the Cape Fear River Basin, 15A NCAC 02B .0311, lies immediately upstream
of Jordan Lake Dam, and its subwatershed includes all lands and waters draining into the Haw
River arm of the reservoir excluding those draining into the Upper and Lower New Hope arms.
(5) NUTRIENT REDUCTION GOALS. Each arm of the lake has reduction goals, total allowable loads, point
source wasteload allocations, and nonpoint source load allocations for both nitrogen and phosphorus based
on a field-calibrated nutrient response model developed pursuant to provisions of G.S. 143-215.1(c5). The
reduction goals and allocations shall be met collectively by the sources regulated under the Jordan nutrient
strategy. The reduction goals are expressed in terms of a percentage reduction in delivered loads from the
baseline years, 1997-2001, while allocations are expressed in pounds per year of allowable delivered load.
Each arm and subwatershed shall conform to its respective allocations for nitrogen and phosphorus as
follows:
(a) The at-lake nitrogen goals for the arms of Jordan Reservoir are as follows:
(i) The Upper New Hope arm has a 1997-2001 baseline nitrogen load of 986,186 pounds
per year and a nitrogen Total Maximum Daily Load (TMDL) reduction goal of 35
percent. The resulting TMDL includes a total allowable load of 641,021 pounds of
nitrogen per year: a point source mass wasteload allocation of 336,079 pounds of
nitrogen per year, and a nonpoint source mass load allocation of 304,942 pounds of
nitrogen per year.
(ii) The Lower New Hope arm has a 1997-2001 baseline nitrogen load of 221,929 pounds
per year and a nitrogen TMDL capped at the baseline nitrogen load. The resulting
TMDL includes a total allowable load of 221,929 pounds of nitrogen per year: a point
source mass wasteload allocation of 6,836 pounds of nitrogen per year, and a nonpoint
source mass load allocation of 215,093 pounds of nitrogen per year.
(iii) The Haw River arm has a 1997-2001 baseline nitrogen load of 2,790,217 pounds per
year and a nitrogen TMDL reduction goal of eight percent. The resulting TMDL
includes a total allowable load of 2,567,000 pounds of nitrogen per year: a point source
mass wasteload allocation of 895,127 pounds of nitrogen per year, and a nonpoint
source mass load allocation of 1,671,873 pounds of nitrogen per year.
(b) The at-lake phosphorus goals for the arms of Jordan Reservoir are as follows:
(i) The Upper New Hope arm has a 1997-2001 baseline phosphorus load of 87,245 pounds
per year and a phosphorus TMDL reduction goal of five percent. The resulting TMDL
includes a total allowable load of 82,883 pounds of phosphorus per year: a point source
mass wasteload allocation of 23,108 pounds of phosphorus per year, and a nonpoint
source mass load allocation of 59,775 pounds of phosphorus per year.
(ii) The Lower New Hope arm has a 1997-2001 baseline phosphorus load of 26,574 pounds
per year and a phosphorus TMDL capped at the baseline phosphorus load. The resulting
TMDL includes a total allowable load of 26,574 pounds of phosphorus per year: a point
source mass wasteload allocation of 498 pounds of phosphorus per year, and a nonpoint
source mass load allocation of 26,078 pounds of phosphorus per year.
(iii) The Haw River arm has a 1997-2001 baseline phosphorus load of 378,569 pounds per
year and a phosphorus TMDL reduction goal of five percent. The resulting TMDL
includes a total allowable load of 359,641 pounds of phosphorus per year: a point source
mass wasteload allocation of 106,001 pounds of phosphorus per year, and a nonpoint
source mass load allocation of 253,640 pounds of phosphorus per year.
(c) The allocations established in this Item may change as a result of allocation transfer between point
and nonpoint sources to the extent provided for in rules of the Jordan nutrient strategy and
pursuant to requirements on the sale and purchase of load reduction credit set out in 15A NCAC
02B .0273.
(6) RELATION TO WATER SUPPLY REQUIREMENTS. The following water supply requirements shall
apply:
(a) For all waters designated as WS-II, WS-III, or WS-IV within the Jordan watershed, the
requirements of water supply 15A NCAC 02B .0214 through .0216 shall remain in effect with the
exception of Sub-Item (3)(b) of those Rules addressing nonpoint sources. The nonpoint source
requirements of Sub-Item (3)(b) of those Rules are superseded by the requirements of this Rule
and 15A NCAC 02B .0263 through .0269, and .0271 through .0273, except as specifically stated
in any of these Rules. For WS-II, WS-III, and WS-IV waters, the retained requirements of 15A
NCAC 02B .0214 through .0216 are the following:
(i) Item (1) of 15A NCAC 02B .0214 through .0216 addressing best usages;
(ii) Item (2) of 15A NCAC 02B .0214 through .0216 addressing predominant watershed
development conditions, discharges expressly allowed watershed-wide, general
prohibitions on and allowances for domestic and industrial discharges, Maximum
Contaminant Levels following treatment, and the local option to seek more protective
classifications for portions of existing water supply watersheds;
(iii) Sub-Item (3)(a) of 15A NCAC 02B .0214 through .0216 addressing waste discharge
limitations; and
(iv) Sub-Items (3)(c) through (3)(h) of 15A NCAC 02B .0214 through .0216 addressing
aesthetic and human health standards.
(b) For waters designated WS-V in the Jordan Watershed, the requirements of Rules .0263 through
.0273 and .0311 of this Subchapter shall apply. The requirements of 15A NCAC 02B .0218 shall
also apply except for Sub-Items (3)(e) through (3)(h) of that Rule, which shall only apply where:
(i) The designation of WS-V is associated with a water supply intake used by an industry to
supply drinking water for their employees; or
(ii) Standards set out in 15A NCAC 02B .0218(3)(e) through (3)(h) are violated at the
upstream boundary of waters within those watersheds that are classified as WS-II, WS-
III, or WS-IV. This Sub-Item shall not be construed to alter the nutrient reduction
requirements set out in 15A NCAC 02B .0262(5) or 15A NCAC 2B .0275(3).
(7) APPLICABILITY. Types of parties responsible for implementing rules within the Jordan nutrient strategy
and, as applicable, their geographic scope of responsibility, are identified in each rule. The specific local
governments responsible for implementing Rules .0265, .0266, .0267, .0268, and .0273 of this Subchapter
shall be as follows:
(a) Rules .0265, .0266, .0267, .0268, and .0273 of this Subchapter shall be implemented by all
incorporated municipalities, as identified by the Office of the Secretary of State, with planning
jurisdiction within or partially within the Jordan watershed. As of August 11, 2009, those
municipalities are:
(i) Alamance;
(ii) Apex;
(iii) Burlington;
(iv) Carrboro;
(v) Cary;
(vi) Chapel Hill;
(vii) Durham;
(viii) Elon;
(ix) Gibsonville;
(x) Graham;
(xi) Green Level;
(xii) Greensboro;
(xiii) Haw River;
(xiv) Kernersville;
(xv) Mebane;
(xvi) Morrisville;
(xvii) Oak Ridge;
(xviii) Ossipee;
(xix) Pittsboro;
(xx) Pleasant Garden;
(xxi) Reidsville;
(xxii) Sedalia;
(xxiii) Stokesdale;
(xxiv) Summerfield; and
(xxv) Whitsett.
(b) Rules .0265, .0266, .0267, .0268, and .0273 of this Subchapter shall be implemented by the
following counties for the portions of the counties where the municipalities listed in Sub-Item
(7)(a) do not have an implementation requirement:
(i) Alamance;
(ii) Caswell;
(iii) Chatham;
(iv) Durham;
(v) Guilford;
(vi) Orange;
(vii) Rockingham; and
(viii) Wake.
(c) A unit of government may arrange through interlocal agreement or other instrument of mutual
agreement for another unit of government to implement portions or the entirety of a program
required or allowed under any of the rules listed in Item (3) of this Rule to the extent that such an
arrangement is otherwise allowed by statute. The governments involved shall submit
documentation of any such agreement to the Division. No such agreement shall relieve a unit of
government from its responsibilities under these Rules.
(8) ADAPTIVE MANAGEMENT. The Division shall evaluate the effectiveness of the Jordan nutrient
strategy no sooner than ten years following the effective date and periodically thereafter as part of the
review of the Cape Fear River Basinwide Water Quality Plan. The Division shall base its evaluation on, at
a minimum, trend analyses as described in the monitoring section of the B. Everett Jordan Reservoir, North
Carolina Nutrient Management Strategy and Total Maximum Daily Load, and lake use support
assessments. Both of these documents can be found on the Division's website at www.ncwater.org. The
Division may also develop additional watershed modeling or other source characterization work. Any
nutrient response modeling and monitoring on which any recommendation for adjustment to strategy goals
may be based shall meet the criteria set forth in G.S. 143-215.1(c5) and meet or exceed criteria used by the
Division for the monitoring and modeling used to establish the goals in Item (5) of this Rule. Any
modification to these Rules as a result of such evaluations would require additional rulemaking.
(9) LIMITATION. The Jordan nutrient strategy may not fully address significant nutrient sources in the
Jordan watershed in that these Rules do not directly address atmospheric sources of nitrogen to the
watershed from sources located both within and outside of the watershed. As better information becomes
available from ongoing research on atmospheric nitrogen loading to the 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 nutrient strategy.
(10) ENFORCEMENT. Failure to meet requirements of Rules .0262, .0264, .0265, .0266, .0267, .0268, .0269,
.0270, .0271, .0272 and .0273 of this Subchapter may result in imposition of enforcement measures as
authorized by G.S. 143-215.6A (civil penalties), G.S. 143-215.6B (criminal penalties), and G.S. 143-
215.6C (injunctive relief).

History Note: Authority G.S. 143-214.1; 143-214.5; 143-214.7; 143-215.1; 143-215.3(a)(1); 143-215.6A; 143-215.6B;
143-215.6C; 143-215.8B; 143B-282(c); 143B-282(d); S.L. 2005-190; S.L. 2006-259; S.L. 2012-187;
Eff. August 11, 2009;
Amended Eff. January 1, 2014; September 1, 2011.

15A NCAC 02B .0263 JORDAN WATER SUPPLY NUTRIENT STRATEGY: DEFINITIONS
The following words and phrases, which are not defined in G.S. 143, Article 21, shall be interpreted as follows for the
purposes of the Jordan nutrient strategy:
(1) "Allocation" means the mass quantity of nitrogen or phosphorus that a discharger, group of dischargers,
nonpoint source, or collection of nonpoint sources is assigned as part of a TMDL. For point sources,
possession of allocation does not authorize the discharge of nutrients but is prerequisite to such
authorization through a NPDES permit.
(2) "Applicator" means the same as defined in 15A NCAC 02B .0202(4).
(3) "Channel" means a natural water-carrying trough cut vertically into low areas of the land surface by erosive
action of concentrated flowing water or a ditch or canal excavated for the flow of water.
(4) "DBH" means diameter at breast height of a tree measured at 4.5 feet above ground surface level.
(5) "Delivered," as in delivered allocation, load, or limit, means the allocation, load, or limit that is measured
or predicted at Jordan Reservoir. A delivered value is equivalent to a discharge value multiplied by the
transport factor for that discharge location.
(6) "Development" means the same as defined in 15A NCAC 02B .0202(23).
(7) "Discharge," as in discharge allocation, load, or limit means the allocation, load, or limit that is measured at
the point of discharge into surface waters in the Jordan watershed. A discharge value is equivalent to a
delivered value divided by the transport factor for that discharge location.
(8) "Ditch or canal" means a man-made channel other than a modified natural stream constructed for drainage
purposes that is typically dug through inter-stream divide areas. A ditch or canal may have flows that are
perennial, intermittent, or ephemeral and may exhibit hydrological and biological characteristics similar to
perennial or intermittent streams.
(9) "Ephemeral stream" means a feature that carries only stormwater in direct response to precipitation with
water flowing only during and shortly after large precipitation events. An ephemeral stream may or may
not have a well-defined channel, the aquatic bed is always above the water table, and stormwater runoff is
the primary source of water. An ephemeral stream typically lacks the biological, hydrological, and physical
characteristics commonly associated with the continuous or intermittent conveyance of water.
(10) "Existing development" means development, other than that associated with agricultural or forest
management activities, that meets one of the following criteria:
(a) It either is built or has established a vested right based on statutory or common law as interpreted
by the courts, for projects that do not require a state permit, as of the effective date of either local
new development stormwater programs implemented under 15A NCAC 02B .0265 or, for
projects requiring a state permit, as of the applicable compliance date established in 15A NCAC
02B .0271(5) and (6); or
(b) It occurs after the compliance date set out in Sub-Item (4)(d) of Rule .0265 but does not result in a
net increase in built-upon area.
(11) "Intermittent stream" means a well-defined channel that contains water for only part of the year, typically
during winter and spring when the aquatic bed is below the water table. The flow may be heavily
supplemented by stormwater runoff. An intermittent stream often lacks the biological and hydrological
characteristics commonly associated with the continuous conveyance of water.
(12) "Jordan nutrient strategy," or "Jordan water supply nutrient strategy" means the set of 15A NCAC 02B
.0262 through .0273 and .0311(p).
(13) "Jordan Reservoir" means the surface water impoundment operated by the US Army Corps of Engineers
and named B. Everett Jordan Reservoir, as further delineated for purposes of the Jordan nutrient strategy in
15A NCAC 02B .0262(4).
(14) "Jordan watershed" means all lands and waters draining to B. Everett Jordan Reservoir.
(15) "Load" means the mass quantity of a nutrient or pollutant released into surface waters over a given time
period. Loads may be expressed in terms of pounds per year and may be expressed as "delivered load" or
an equivalent "discharge load."
(16) "Load allocation" means the same as set forth in federal regulations 40 CFR 130.2(g), which is
incorporated herein by reference, including subsequent amendments and editions. These regulations may
be obtained at no cost from http://www.epa.gov/lawsregs/search/40cfr.html or from the U.S. Government
Printing Office, 732 North Capitol St. NW, Washington D.C., 20401.
(17) "Modified natural stream" means an on-site channelization or relocation of a stream channel and
subsequent relocation of the intermittent or perennial flow as evidenced by topographic alterations in the
immediate watershed. A modified natural stream must have the typical biological, hydrological, and
physical characteristics commonly associated with the continuous conveyance of water.
(18) "New development" means any development project that does not meet the definition of existing
development set out in this Rule.
(19) "Nitrogen" or "total nitrogen" means the sum of the organic, nitrate, nitrite, and ammonia forms of nitrogen
in a water or wastewater.
(20) "NPDES" means National Pollutant Discharge Elimination System, and connotes the permitting process
required for the operation of point source discharges in accordance with the requirements of Section 402 of
the Federal Water Pollution Control Act, 33 U.S.C. Section 1251 et seq.
(21) "Nutrients" means total nitrogen and total phosphorus.
(22) "Perennial stream" means a well-defined channel that contains water year round during a year of normal
rainfall with the aquatic bed located below the water table for most of the year. Groundwater is the primary
source of water for a perennial stream, but it also carries stormwater runoff. A perennial stream exhibits
the typical biological, hydrological, and physical characteristics commonly associated with the continuous
conveyance of water.
(23) "Perennial waterbody" means a natural or man-made basin, including lakes, ponds, and reservoirs, that
stores surface water permanently at depths sufficient to preclude growth of rooted plants. For the purpose
of the State's riparian buffer protection program, the waterbody must be part of a natural drainage way (i.e.,
connected by surface flow to a stream).
(24) "Phosphorus" or "total phosphorus" means the sum of the orthophosphate, polyphosphate, and organic
forms of phosphorus in a water or wastewater.
(25) "Stream" means a body of concentrated flowing water in a natural low area or natural channel on the land
surface.
(26) "Surface waters" means all waters of the state as defined in G.S. 143-212 except underground waters.
(27) "Technical specialist" means the same as defined in 15A NCAC 06H .0102(9).
(28) "Total Maximum Daily Load," or "TMDL," means the same as set forth in federal regulations 40 CFR
130.2(i) and 130.7(c)(1), which are incorporated herein by reference, including subsequent amendments
and editions. These regulations may be obtained at no cost from
http://www.epa.gov/lawsregs/search/40cfr.html or from the U.S. Government Printing Office, 732 North
Capitol St. NW, Washington D.C., 20401.
(29) "Total nitrogen" or "nitrogen" means the sum of the organic, nitrate, nitrite, and ammonia forms of nitrogen
in a water or wastewater.
(30) "Total phosphorus" or "phosphorus" means the sum of the orthophosphate, polyphosphate, and organic
forms of phosphorus in a water or wastewater.
(31) "Transport factor" means the fraction of a discharged nitrogen or phosphorus load that is delivered from the
discharge point to Jordan Reservoir, as determined in an approved TMDL.
(32) "Tree" means a woody plant with a DBH equal to or exceeding five inches or a stump diameter exceeding
six inches.
(33) "Wasteload" means the mass quantity of a nutrient or pollutant released into surface waters by a wastewater
discharge over a given time period. Wasteloads may be expressed in terms of pounds per year and may be
expressed as "delivered wasteload" or an equivalent "discharge wasteload."
(34) "Wasteload allocation" means the same as set forth in federal regulations 40 CFR 130.2(h), which is
incorporated herein by reference, including subsequent amendments and editions. These regulations may
be obtained at no cost from http://www.epa.gov/lawsregs/search/40cfr.html or from the U.S. Government
Printing Office, 732 North Capitol St. NW, Washington D.C., 20401.

History Note: Authority G.S. 143-214.1; 143-214.5; 143-214.7; 143-215.3(a)(1); 143-215.6A; 143-215.6B; 143-215.6C;
143 215.8B; 143B-282(c); 143B-282(d); S.L. 2001-355; S.L. 2005-190; S.L. 2006-259;
Eff. August 11, 2009.

15A NCAC 02B .0264 JORDAN WATER SUPPLY NUTRIENT STRATEGY: AGRICULTURE
(See S.L. 2013-395)
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.
(5) METHOD FOR RULE IMPLEMENTATION. This Rule shall be implemented initially by a Watershed
Oversight Committee and, if needed, through a cooperative effort between the Watershed Oversight
Committee and Local Advisory Committees in each county. The membership, roles and responsibilities of
these committees are set forth in Items (7) and (8) of this Rule. Committees' activities shall be guided by
the following constraints:
(a) Within three years after the effective date of this Rule, the Watershed Oversight Committee shall
provide the Commission with an initial assessment of the extent to which agricultural operations
in each subwatershed have achieved the nitrogen goals identified in Item (1) of this Rule through
activities conducted since the baseline period. The Watershed Oversight Committee shall use the
accounting process described in Items (7) and (8) of this Rule to make its assessment. Should the
Commission determine at that time that a subwatershed nitrogen goal has not been achieved, then
Local Advisory Committees shall be formed in that subwatershed according to Item (8) of this
Rule to further progress toward the goal by developing local strategies to guide implementation.
(b) For any subwatershed identified in Sub-Item (5)(a) of this Rule as not having achieved its nitrogen
goal within three years, the Commission shall within six years after the effective date of this Rule
again determine, with input from the Watershed Oversight Committee, whether the subwatershed
has achieved its nitrogen goal. Should the Commission determine at that time that a subwatershed
has not achieved its goal, then it shall require additional best management practice (BMP)
implementation as needed to ensure that the goal is met within nine years after the effective date
of this Rule. The Commission may also consider alternative recommendations from the
Watershed Oversight Committee based on its assessment of the practicability of agricultural
operations meeting the subwatershed goal. Should the Commission require some form of
individual compliance, then it shall also subsequently approve a framework proposed by the
Watershed Oversight Committee for allowing producers to obtain credit through offsite measures.
Such offsite measures shall meet the requirements of 15A NCAC 02B .0273(2) – (4). The
Commission shall review compliance with the phosphorus goals within six years of the effective
date and shall require additional BMP implementation within any subwatershed as needed to meet
its goal within an additional three years from that date.
(c) Should a committee called for under Sub-Item (5)(a) of this Rule not form nor follow through on
its responsibilities such that a local strategy is not implemented in keeping with Item (8) of this
Rule, the Commission shall require all persons subject to this Rule in the affected area to
implement BMPs as needed to meet the goals of this Rule.
(6) RULE REQUIREMENTS FOR INDIVIDUAL OPERATIONS. Persons subject to this Rule shall adhere
to the following requirements:
(a) If the initial accounting required under Sub-Item (5)(a) of this Rule determines that agricultural
operations have not already collectively met the nitrogen reduction goals, persons subject to this
Rule shall register their operations with their Local Advisory Committee according to the
requirements of Item (8) of this Rule within four years after the effective date of this Rule. Within
six years after the effective date of this Rule, such persons are not required to implement any
specific BMPs but may elect to contribute to the collective local nutrient strategy by
implementing any BMPs they choose that are recognized by the Watershed Oversight Committee
as nitrogen-reducing or phosphorus-reducing BMPs.
(b) Should a local strategy not achieve its goal after six years, operations within that local area may
face specific implementation requirements, as described under Sub-Item (5)(b) of this Rule.
(c) Producers may generate nitrogen loading reduction credit for sale to parties subject to or
operating under other nutrient strategy rules in the Jordan watershed under either of the following
circumstances and only pursuant to the conditions of Sub-Item (7)(b)(vii) of this Rule and 15A
NCAC 02B .0273:
(ii) If the subwatershed in which they implement nitrogen-reducing practices has achieved
its nitrogen goal.
(ii) At any point during the implementation of this Rule, a pasture-based livestock operation
that implements an excluded buffer BMP on part or all of its operation may sell that
portion of the nitrogen reduction credit attributed to the buffer restoration aspect of the
practice, while the credit attributed to the exclusion aspect shall accrue to the
achievement or maintenance of the goals of this Rule.
(7) WATERSHED OVERSIGHT COMMITTEE. The Watershed Oversight Committee shall have the
following membership, role and responsibilities:
(a) MEMBERSHIP. The Director shall be responsible for forming a Watershed Oversight Committee
within two months of the effective date of this Rule. Until such time as the Commission
determines that long-term maintenance of the nutrient loads is assured, the Director shall either
reappoint members or replace members at least every six years. The Director shall solicit
nominations for membership on this Committee to represent each of the following interests, and
shall appoint one nominee to represent each interest except where a greater number is noted. The
Director may appoint a replacement at any time for an interest in Sub-Items (7)(a)(vi) through
(7)(a)(x) of this Rule upon request of representatives of that interest:
(i) Division of Soil and Water Conservation;
(ii) United States Department of Agriculture-Natural Resources Conservation Service (shall
serve in an "ex-officio" non-voting capacity and shall function as a technical program
advisor to the Committee);
(iii) North Carolina Department of Agriculture and Consumer Services;
(iv) North Carolina Cooperative Extension Service;
(v) Division of Water Quality;
(vi) Three environmental interests, at least two of which are residents of the Jordan
watershed;
(vii) General farming interests;
(viii) Pasture-based livestock interests;
(ix) Equine livestock interests;
(x) Cropland farming interests; and
(xi) The scientific community with experience related to water quality problems in the
Jordan watershed.
(b) ROLE. The Watershed Oversight Committee shall:
(i) Develop tracking and accounting methods for nitrogen and phosphorus loss. Submit
methods to the Water Quality Committee of the Commission for approval based on the
standards set out in Sub-Item (7)(c) of this Rule within two years after the effective date
of this Rule;
(ii) Identify and implement future refinements to the accounting methods as needed to
reflect advances in scientific understanding, including establishment or refinement of
nutrient reduction efficiencies for BMPs;
(iii) Within three years after the effective date of this Rule, collect data needed to conduct
initial nutrient loss accounting for the baseline period and the most current year feasible,
perform this accounting, and determine the extent to which agricultural operations have
achieved the nitrogen loss goal and phosphorus loss trend indicators for each
subwatershed. Present findings to the Water Quality Committee of the Commission;
(iv) Review, approve, and summarize local nutrient strategies if required pursuant to Sub-
Item (5)(a) of this Rule and according to the timeframe identified in Sub-Item (8)(c)(ii)
of this Rule. Provide these strategies to the Division;
(v) Establish requirements for, review, approve and summarize local nitrogen and
phosphorus loss annual reports as described under Sub-Item (8)(e) of this Rule, and
present these reports to the Division annually, until such time as the Commission
determines that annual reports are no longer needed to fulfill the purposes of this Rule.
Present the annual report six years after the effective date to the Commission. Should
that annual report find that a subwatershed has not met its nitrogen goal, include an
assessment in that report of the practicability of producers achieving the goal within nine
years after the effective date, and recommendations to the Commission as deemed
appropriate;
(vi) Obtain nutrient reduction efficiencies for BMPs from the scientific community
associated with design criteria identified in rules adopted by the Soil and Water
Conservation Commission, including 15A NCAC 06E .0104 and 15A NCAC 06F .0104;
and
(vii) Investigate and, if feasible, develop an accounting method to equate implementation of
specific nitrogen-reducing practices on cropland or pastureland to reductions in nitrogen
loading delivered to streams. Quantify the nitrogen credit generated by such practices
for purposes of selling or buying credits. Establish criteria and a process as needed for
the exchange of nitrogen credits between parties meeting the criteria of either Sub-Item
(5)(b) or Sub-Item (6)(c) of this Rule with parties subject to or operating under other
nutrient strategy rules in the Jordan watershed pursuant to the requirements of 15A
NCAC 02B .0273. Approve eligible trades, and ensure that such practices are accounted
for and tracked separately from those contributing to the goals of this Rule.
(c) ACCOUNTING METHODS. Success in meeting this Rule's purpose will be gauged by
estimating percentage changes in nitrogen loss from agricultural lands in the Jordan watershed and
by evaluating broader trends in indicators of phosphorus loss from agricultural lands in the Jordan
watershed. The Watershed Oversight Committee shall develop accounting methods that meet the
following requirements:
(i) The nitrogen method shall quantify baseline and annual total nitrogen losses from
agricultural operations in each county, each subwatershed, and for the entire Jordan
watershed;
(ii) The nitrogen and phosphorus methods shall include a means of tracking implementation
of BMPs, including number, type, and area affected;
(iii) The nitrogen method shall include a means of estimating incremental nitrogen loss
reductions from actual BMP implementation and of evaluating progress toward and
maintenance of the nutrient goals from changes in BMP implementation, fertilization,
individual crop acres, and agricultural land use acres;
(iv) The nitrogen and phosphorus methods shall be refined as research and technical
advances allow;
(v) The phosphorus method shall quantify baseline values for and annual changes in factors
affecting agricultural phosphorus loss as identified by the phosphorus technical advisory
committee established under 15A NCAC 02B .0256(f)(2)(C). The method shall provide
for periodic qualitative assessment of likely trends in agricultural phosphorus loss from
the Jordan watershed relative to baseline conditions;
(vi) Phosphorus accounting may also include a scientifically valid, survey-based sampling of
farms in the Jordan watershed for the purpose of conducting field-scale phosphorus loss
assessments and extrapolating phosphorus losses for the Jordan watershed for the
baseline period and at periodic intervals; and
(vii) Aspects of pasture-based livestock operations that potentially affect nutrient loss and are
not captured by the accounting methods described above shall be accounted for in
annual reporting by quantifying changes in the extent of livestock-related nutrient
controlling BMPs. Progress may be judged based on percent change in the extent of
implementation relative to subwatershed percentage goals identified in Rule .0262 of
this Section.
(8) LOCAL ADVISORY COMMITTEES. Local Advisory Committees required by Sub-Item (5)(a) of this
Rule shall be formed for each county within the applicable subwatershed within three years and three
months after the effective date of this Rule, and shall have the following membership, roles, and
responsibilities:
(a) MEMBERSHIP. A Local Advisory Committee shall be appointed as provided for in this Item. It
shall terminate upon a finding by the Commission that it is no longer needed to fulfill the purposes
of this Rule. Each Local Advisory Committee shall consist of:
(i) One representative of the county Soil and Water Conservation District;
(ii) One representative of the county office of the United States Department of Agriculture
Natural Resources Conservation Service;
(iii) One representative of the North Carolina Department of Agriculture and Consumer
Services whose regional assignment includes the county;
(iv) One representative of the county office of the North Carolina Cooperative Extension
Service;
(v) One representative of the North Carolina Division of Soil and Water Conservation
whose regional assignment includes the county; and
(vi) At least two farmers who reside in the county.
(b) APPOINTMENT OF MEMBERS. The Director of the Division of Water Quality and the
Director of the Division of Soil and Water Conservation of the Department of Environment and
Natural Resources shall appoint members described in Sub-Items (8)(a)(i), (8)(a)(ii), (8)(a)(iv),
and (8)(a)(v) of this Rule. The Director of the Division of Water Quality, with recommendations
from the Director of the Division of Soil and Water Conservation and the Commissioner of
Agriculture, shall appoint the members described in Sub-Items (8)(a)(iii) and (8)(a)(vi) of this
Rule from persons nominated by nongovernmental organizations whose members produce or
manage agricultural commodities in each county. Members of the Local Advisory Committees
shall serve at the pleasure of their appointing authority.
(c) ROLE. The Local Advisory Committees shall:
(i) Conduct a registration process for persons subject to this Rule. This registration process
shall be completed within 48 months after the effective date of this Rule. The
registration process shall request the type and acreage of agricultural operations. It shall
provide persons with information on requirements and options under this Rule, and on
available technical assistance and cost share options;
(ii) Develop local nutrient control strategies for agricultural operations, pursuant to Sub-
Item (8)(d) of this Rule, to meet the nitrogen and phosphorus goals of this Rule.
Strategies shall be submitted to the Watershed Oversight Committee no later than 46
months after the effective date of this Rule;
(iii) Ensure that any changes to the design of the local strategy will continue to meet the
nutrient goals of this Rule; and
(iv) Submit reports to the Watershed Oversight Committee, pursuant to Sub-Item (8)(e) of
this Rule, annually until such time as the Commission determines that annual reports are
no longer needed to fulfill the purposes of this Rule.
(d) LOCAL NUTRIENT CONTROL STRATEGIES. Local Advisory Committees shall develop
county nutrient control strategies that meet the following requirements. If a Local Advisory
Committee fails to submit a nutrient control strategy required in Sub-Item (8)(c)(ii) of this Rule,
the Commission may develop one based on the accounting methods that it approves pursuant to
Sub-Item (7)(b)(i) of this Rule. Local strategies shall meet the following requirements:
(i) Local nutrient control strategies shall be designed to achieve the required nitrogen loss
reduction goals and qualitative trends in indicators of agricultural phosphorus loss within
six years after the effective date of this Rule, and to maintain those reductions in
perpetuity or until such time as this Rule is revised to modify this requirement.
(ii) Local nutrient control strategies shall specify the numbers, acres, and types of all
agricultural operations within their areas, numbers of BMPs that will be implemented by
enrolled operations and acres to be affected by those BMPs, estimated nitrogen and
phosphorus loss reductions, schedule for BMP implementation, and operation and
maintenance requirements.
(e) ANNUAL REPORTS. The Local Advisory Committees shall be responsible for submitting annual
reports for their counties to the Watershed Oversight Committee until such time as the
Commission determines that annual reports are no longer needed to fulfill the purposes of this
Rule. The Watershed Oversight Committee shall determine reporting requirements to meet these
objectives. Those requirements may include information on BMPs implemented by individual
farms, proper BMP operation and maintenance, BMPs discontinued, changes in agricultural land
use or activity, and resultant net nitrogen loss and phosphorus trend indicator changes.

History Note: Authority G.S. 143-214.1; 143-214.5; 143-214.7; 143-215.3(a)(1); 143-215.6A; 143-215.6B; 143-215.6C;
143 215.8B; 143B-282(c); 143B-282(d); S.L. 2001-355; S.L. 2005-190; S.L. 2006-259;
Eff. August 11, 2009;
See S.L. 2013-395.

15A NCAC 02B .0265 JORDAN WATER SUPPLY NUTRIENT STRATEGY: STORMWATER MANAGEMENT
FOR NEW DEVELOPMENT
(See S.L. 2013-395)
The following is the stormwater strategy for new development activities within the Jordan watershed, as prefaced in 15A
NCAC 02B .0262:
(1) PURPOSE. The purposes of this Rule are as follows:
(a) To achieve and maintain the nitrogen and phosphorus loading goals established for Jordan
Reservoir in 15A NCAC 02B .0262 from lands in the Jordan watershed on which new
development occurs;
(b) To provide control for stormwater runoff from new development in Jordan watershed to ensure
that the integrity and nutrient processing functions of receiving waters and associated riparian
buffers are not compromised by erosive flows; and
(c) To protect the water supply uses of Jordan Reservoir and of designated water supplies throughout
the Jordan watershed from the potential impacts of new development.
(2) APPLICABILITY. This Rule shall apply to those areas of new development, as defined in 15A NCAC
02B .0263, that lie within the Jordan watershed and the planning jurisdiction of a municipality or county
that is identified in 15A NCAC 02B .0262.
(3) REQUIREMENTS. All local governments subject to this Rule shall implement stormwater management
programs as approved by the Commission in areas described in Item (2) of this Rule, based on the
standards in this Item:
(a) An approved stormwater management plan shall be required for all proposed new development
disturbing one acre or more for single family and duplex residential property and recreational
facilities, and one-half acre or more for commercial, industrial, institutional, multifamily
residential, or local government property. These stormwater plans shall not be approved by the
subject local governments unless the following criteria are met:
(i) Nitrogen and phosphorus loads contributed by the proposed new development activity in
a given subwatershed shall not exceed the unit-area mass loading rates applicable to that
subwatershed as follows for nitrogen and phosphorus, respectively, expressed in units of
pounds per acre per year: 2.2 and 0.82 in the Upper New Hope; 4.4 and 0.78 in the
Lower New Hope; and 3.8 and 1.43 in the Haw. The developer shall determine the need
for engineered stormwater controls to meet these loading rate targets by using Jordan
and Falls Stormwater Nutrient Load Accounting Tool approved by the Commission in
March 2011 or other equivalent method acceptable to the Division;
(ii) Proposed new development undertaken by a local government solely as a public road
project shall be deemed compliant with the purposes of this Rule if it meets the riparian
buffer protection requirements of 15A NCAC 02B .0267 and .0268;
(iii) New development that would exceed the nitrogen or phosphorus loading rate targets set
out in this Item without the use of engineered stormwater controls shall have engineered
stormwater controls that meet the design requirements set out in Sub-Item (3)(a)(v) of
this Item and that achieve 85 percent removal of total suspended solids;
(iv) Proposed new development subject to NPDES, water supply, and other state-mandated
stormwater regulations shall comply with those regulations in addition to the other
requirements of this Sub-Item. Proposed new development in any water supply
watershed in the Jordan watershed designated WS-II, WS-III, or WS-IV shall comply
with the density-based restrictions, obligations, and requirements for engineered
stormwater controls, clustering options, and 10/70 provisions described in Sub-Items
(3)(b)(i) and (3)(b)(ii) of the applicable Rule among 15A NCAC 02B .0214 through
.0216;
(v) Stormwater systems shall be designed to control and treat the runoff generated from all
surfaces by one inch of rainfall. The treatment volume shall be drawn down pursuant to
standards specific to each practice as provided in the July 2007 version of the
Stormwater Best Management Practices Manual published by the Division, or other at
least technically equivalent standards acceptable to the Division. To ensure that the
integrity and nutrient processing functions of receiving waters and associated riparian
buffers are not compromised by erosive flows, stormwater flows from the new
development shall not contribute to degradation of waters of the State. At a minimum,
the new development shall not result in a net increase in peak flow leaving the site from
pre-development conditions for the one-year, 24-hour storm event;
(vi) Proposed new development that would replace or expand structures or improvements
that existed as of December 2001, the end of the baseline period, and that would not
result in a net increase in built-upon area shall not be required to meet the nutrient
loading targets or high-density requirements except to the extent that it shall provide
stormwater control at least equal to the previous development. Proposed new
development that would replace or expand existing structures or improvements and
would result in a net increase in built-upon area shall have the option either to achieve at
least the percentage loading reduction goals stated in 15A NCAC 02B .0262 as applied
to nitrogen and phosphorus loading from the previous development for the entire project
site, or to meet the loading rate targets described in Sub-Item (3)(a)(i). These
requirements shall supersede those identified in 15A NCAC 02B .0104(q);
(vii) Proposed new development shall comply with the riparian buffer protection
requirements of 15A NCAC 02B .0267 and .0268; and
(viii) Developers shall have the option of offsetting part of their nitrogen and phosphorus
loads by implementing or funding offsite management measures as follows: Before
using offsite offset options, a development shall attain a nitrogen loading rate on-site of
that does not exceed six pounds per acre per year for single-family, detached and duplex
residential development and ten pounds per acre per year for other development,
including multi-family residential, commercial and industrial and shall meet any
requirements for engineered stormwater controls described in Sub-Item (3)(a)(iii) and
(iv) of this Rule. Offsite offsetting measures shall achieve reductions in nitrogen and
phosphorus loading that are at least equivalent to the remaining reduction needed to
comply with the loading rate targets set out in Sub-Item (3)(a)(i) of this Rule. A
developer may make offset payments to the NC Ecosystem Enhancement Program
contingent upon acceptance of payments by that Program. A developer may use an
offset option provided by the local government in which the development activity
occurs. A developer may propose other offset measures to the local government,
including providing his or her own offsite offset or utilizing a private seller. All offset
measures identified in this Sub-Item shall meet the requirements of 15A NCAC 02B
.0273 (2) through (4) and 15A NCAC 02B .0240.
(b) A plan to ensure maintenance of best management practices (BMPs) implemented as a result of
the provisions in Sub-Item (3)(a) of this Rule for the life of the development;
(c) A plan to ensure enforcement and compliance with the provisions in Sub-Item (3)(a) of this Rule
for the life of the new development; and
(d) The following requirements in water supply 15A NCAC 02B .0104 shall apply to new
development throughout the Jordan watershed:
(i) Requirements in Paragraph (f) for local governments to assume ultimate responsibility
for operation and maintenance of high-density stormwater controls, to enforce
compliance, to collect fees, and other measures;
(ii) Variance procedures in Paragraph (r);
(iii) Assumption of local programs by the Commission in Paragraph (x); and
(iv) Delegation of Commission authorities to the Director in Paragraph (aa).
(4) RULE IMPLEMENTATION. This Rule shall be implemented as follows:
(a) By August 10, 2014, the affected local governments shall complete adoption of and implement
their local stormwater management program as approved by the Commission in May or
September 2012 or subsequent revision to the program approved by the Commission or its
delegated authority. Programs met the requirements of Item (3) of this Rule and were guided by
the model local ordinance approved by the Commission in March 2011; and
(b) Upon implementation, subject local governments shall submit annual reports to the Division
summarizing their activities in implementing each of the requirements in Item (3) of this Rule,
including changes to nutrient loading due to implementation of Sub-Item (3)(a) of this Rule.
(5) RELATIONSHIP TO OTHER REQUIREMENTS. Local governments shall have the following options
with regard to satisfying the requirements of other rules in conjunction with this Rule:
(a) A local government may in its program submittal under Sub-Item (4)(b) of this Rule request that
the Division accept the local government's implementation of another stormwater program or
programs, such as NPDES municipal stormwater requirements, as satisfying one or more of the
requirements set forth in Item (3) of this Rule. The Division will provide determination on
acceptability of any such alternatives prior to requesting Commission approval of local programs
as required in Sub-Item (4)(c) of this Rule. The local government shall include in its program
submittal technical information demonstrating the adequacy of the alternative requirements.

History Note: Authority G.S. 143-214.1; 143-214.5; 143-214.7; 143-214.12; 143-214.21; 143-215.3(a)(1); 143-215.6A;
143-215.6B; 143-215.6C; 143-215.8B; 143B-282(c); 143B-282(d); S.L. 2005-190; S.L. 2006-259; S.L.
2009-216; S.L. 2009-484; S.L. 2012-200; S.L. 2012-201;
Eff. August 11, 2009;
See S.L. 2013-395;
Amended Eff. July 7, 2014.

15A NCAC 02B .0266 JORDAN WATER SUPPLY NUTRIENT STRATEGY: STORMWATER MANAGEMENT
FOR EXISTING DEVELOPMENT See S.L. 2013-395
This Rule is the stormwater strategy to control nutrient loading from existing development. The Division shall determine
whether nutrient load reduction measures for existing development are necessary in each subwatershed of Jordan Reservoir.
The Division shall require implementation of reasonable nutrient load reduction measures for existing development in each
subwatershed of the Jordan Reservoir, as provided in this Rule and in accordance with a staged, adaptive management
program.
(1) PURPOSE. The purposes of this Rule are as follows:
(a) To improve the management of stormwater runoff from existing development in the Jordan
Watershed to contribute toward nitrogen and phosphorus loading goals identified in 15A NCAC
02B .0262; and
(b) To contribute to the restoration of water quality in the Jordan Reservoir as specified in Rule 15A
NCAC 02B .0262.
(2) APPLICABILITY. This Rule shall apply to municipalities and counties located in whole or in part in the
Jordan Watershed as identified in Rule 15A NCAC 02B .0262(7).
(3) STAGE 1 PROGRAM REQUIREMENTS. Municipalities and counties located in whole or in part in the
Jordan watershed shall continue to implement a Stage 1 adaptive management program to control nutrient
loading from existing development in the Jordan watershed as approved by the Commission in May 2010
or subsequent revision their program approved by the Commission or its delegated authority. The Stage 1
adaptive management program met the requirements set out in 40 CFR 122.34 as applied by the Division in
the NPDES General Permit for municipal separate storm sewer systems in effect on July 1, 2009. Local
governments shall report annually to the Division on implementation progress on the following Stage 1
program elements:
(a) Public education to inform the public of the impacts of nutrient loading and measures that can be
implemented to reduce nutrient loading from stormwater runoff from existing development.
(b) Mapping that includes major components of the municipal separate storm sewer system, including
the location of major outfalls, as defined in 40 CFR 122.26(b)(5) (July 1, 2008) and the names
and location of all waters of the United States that receive discharges from those outfalls, land use
types, and location of sanitary sewers.
(c) Identification and remove illegal discharges.
(d) Identification of opportunities for retrofits and other projects to reduce nutrient loading from
existing developed lands.
(e) Maintenance of best management practices implemented by the local government.
(4) NUTRIENT MONITORING. The Division shall maintain an ongoing program to monitor water quality in
each arm of Jordan Reservoir. The Division shall also accept water quality sampling data from a
monitoring program implemented by a local government or nonprofit organization if the data meets quality
assurance standards established by the Division. On March 1, 2014, the Division shall report the results of
monitoring in each arm of Jordan Reservoir to the Environmental Review Commission. The Division shall
submit an updated monitoring report under this Item every three years thereafter until such time as the lake
is no longer impaired by nutrient pollution.
(5) STAGE 2 ADAPTIVE MANAGEMENT. The Division shall review monitoring described in Item (4) of
this Rule to decide whether to implement a Stage 2 adaptive management program to control nutrient
loading from existing development to achieve nutrient-related water quality standards in Jordan Lake. The
Division shall use the following conditions to identify local governments that need to develop and
implement a Stage 2 program:
(a) If the March 1, 2014 monitoring report or any subsequent monitoring report for the Upper New
Hope Creek Arm of Jordan Reservoir required under Item (4) of this Rule shows that nutrient-
related water quality standards are not being achieved, a municipality or county located in whole
or in part in the subwatershed of that arm of Jordan Reservoir shall develop and implement a
Stage 2 program within the subwatershed, as provided in this Rule.
(b) If the March 1, 2017 monitoring report or any subsequent monitoring report for the Haw River
Arm or the Lower New Hope Creek Arm of Jordan Reservoir required under Item (4) of this Rule
shows that nutrient-related water quality standards are not being achieved, a municipality or
county located in whole or in part in the subwatershed of that arm of Jordan Reservoir shall
develop and implement a Stage 2 program within the subwatershed, as provided in this Rule.
(c) The Division shall defer development and implementation of Stage 2 programs required in a
subwatershed by this Item if it determines that additional reductions in nutrient loading from
existing development in that subwatershed will not be necessary to achieve nutrient-related water
quality standards. In making this determination, the Division shall consider the anticipated effect
of measures implemented or scheduled to be implemented to reduce nutrient loading from sources
in the subwatershed other than existing development. If any subsequent monitoring report for an
arm of Jordan Reservoir required under Item (4) of this Rule shows that nutrient-related water
quality standards have not been achieved, the Division shall notify the municipalities and counties
located in whole or in part in the subwatershed of that arm of Jordan Reservoir and the
municipalities and counties shall develop and implement a Stage 2 adaptive management program
as provided in this Rule.
(6) NOTIFICATION OF STAGE 2 REQUIREMENTS. Based on findings under Item (5) of this Rule, the
Division shall notify the local governments in each subwatershed that either:
(a) Implementation of a Stage 2 program will be necessary to achieve water quality standards in an
arm of the reservoir and direct the municipalities and counties in the subwatershed to develop a
load reduction program in compliance with this Rule; or
(b) Implementation of a Stage 2 program is not necessary at that time but will be reevaluated in three
years based on the most recent water quality monitoring information.
(7) STAGE 2 LOAD GOALS. The Division shall establish a load reduction goal for existing development for
each municipality and county required to implement a Stage 2 program. The load reduction goal shall be
designed to achieve, relative to the baseline period 1997 through 2001, an eight percent reduction in
nitrogen loading and a five percent reduction in phosphorus loading reaching Jordan Reservoir from
existing developed lands within the police power jurisdiction of the local government. The baseline load
shall be estimated using the results of a watershed model recommended in a July 2012 report to the
Secretary from the Nutrient Scientific Advisory Board established pursuant to Section 4(a) of S.L. 2009-
216, or by using an equivalent or more accurate method acceptable to the Division and recommended by
that Board. The baseline load for a municipality or county shall not include nutrient loading from lands
under State or federal control or lands in agriculture or forestry. The load reduction goal shall be adjusted
to account for nutrient loading increases from lands developed subsequent to the baseline period but prior
to implementation of new development stormwater programs.
(8) A local government receiving notice of the requirement to develop and implement a Stage 2 program under
Item (6) of this Rule shall not be required to submit a program if the local government demonstrates that it
has already achieved the reductions in nutrient loadings required under Item (7) of this Rule.
(9) STAGE 2 PROGRAM DEVELOPMENT. Local governments shall utilize the model program to control
nutrient loading from existing development, that was approved by the Commission as of December 2013, to
develop their Stage 2 program to control nutrient loading from existing development as described under
Item (10) of this Rule. In developing this model program, the Division considered comments from
municipalities and counties listed in 15A NCAC 02B .0262(7) and recommendations from the Nutrient
Scientific Advisory Board. The model program identifies specific load reduction practices and programs
and reduction credits associated with each practice or program and shall provide that a local government
may obtain additional or alternative load-reduction credits based on site-specific monitoring data.
(10) STAGE 2 IMPLEMENTATION. The following process shall be applied for local governments subject to
the requirement to develop and implement a Stage 2 adaptive management program.
(a) Within six months after receiving notice to develop and implement a Stage 2 program as
described in Item (6) of this Rule, each local government that has not received Division approval
for having achieved the required reductions as specified in Item (8) of this Rule shall submit to the
Commission a program that is designed to achieve the reductions in nutrient loadings established
by the Division pursuant to Item (7) of this Rule. A local government program may include
nutrient management strategies that are not included in the model program developed pursuant to
Item (9) of this Rule in addition to or in place of any component of the model program. In
addition, a local government may satisfy the requirements of this Item through reductions in
nutrient loadings from other sources in the same subwatershed to the extent those reductions go
beyond measures otherwise required by statute or rule. A local government may also work with
other local governments within the same subwatershed to collectively meet the required
reductions in nutrient loadings from existing development within their combined jurisdictions.
Any credit for reductions achieved or obtained outside of the police power jurisdiction of a local
government shall be adjusted based on transport factors established by the Division document
Nitrogen and Phosphorus Delivery from Small Watersheds to Jordan Lake, dated June 30, 2002
or an equivalent or more accurate method acceptable to the Division and recommended by the
Nutrient Scientific Advisory Board established pursuant to Section 4(a) of S.L. 2009-216.
(b) Within six months following submission of a local government's Stage 2 adaptive management
program to control nutrient loading from existing development, the Division shall recommend that
the Commission approve or disapprove the program. The Commission shall approve the program
if it meets the requirements of this Item, unless the Commission finds that the local government
can, through the implementation of reasonable and cost-effective measures not included in the
proposed program, meet the reductions in nutrient loading established by the Division pursuant to
Item (7) of this Rule by a date earlier than that proposed by the local government. If the
Commission finds that there are additional or alternative reasonable and cost-effective measures,
the Commission may require the local government to modify its proposed program to include such
measures to achieve the required reductions by the earlier date. If the Commission requires such
modifications, the local government shall submit a modified program within two months. The
Division shall recommend that the Commission approve or disapprove the modified program
within three months after receiving the local government's modified program. In determining
whether additional or alternative load reduction measures are reasonable and cost effective, the
Commission shall consider factors including, but not limited to, the increase in the per capita cost
of a local government's stormwater management program that would be required to implement
such measures and the cost per pound of nitrogen and phosphorus removed by such measures. The
Commission shall not require additional or alternative measures that would require a local
government to:
(i) Install or require installation of a new stormwater collection system in an area of existing
development unless the area is being redeveloped.
(ii) Acquire developed private property.
(iii) Reduce or require the reduction of impervious surfaces within an area of existing
development unless the area is being redeveloped.
(c) Within three months after the Commission's approval of a Stage 2 adaptive management program
to control nutrient loading from existing development, the local government shall complete
adoption and begin implementation of its program.
(11) ADDITIONAL MEASURES TO REDUCE NITROGEN LOADING IN THE UPPER NEW HOPE
CREEK SUBWATERSHED. If the March 1, 2023, monitoring report or any subsequent monitoring report
for the Upper New Hope Creek Arm of Jordan Reservoir shows that nutrient-related water quality
standards are not being achieved, a municipality or county located in whole or in part in the Upper New
Hope Creek Subwatershed shall modify its Stage 2 adaptive management program to control nutrient
loading from existing development to achieve additional reductions in nitrogen loading from existing
development. The modified Stage 2 program shall be designed to achieve a total reduction in nitrogen
loading from existing development of 35 percent relative to the baseline period 1997 through 2001. The
Division shall notify local governments of the requirement to submit a modified Stage 2 adaptive
management program. Submission, review and approval, and implementation of a modified Stage 2
adaptive management program shall follow the process, timeline, and standards set out Item (10) of this
Rule.
(12) Each local government implementing a Stage 2 program shall submit an annual report to the Division
summarizing its activities in implementing its program.
(13) If at any time the Division finds, based on water quality monitoring, that an arm of the Jordan Reservoir has
achieved compliance with water quality standards, the Division shall notify the local governments in the
subwatershed. Subject to the approval of the Commission, a local government may modify its Stage 2
adaptive management program to control nutrient loading from existing development to maintain only
those measures necessary to prevent increases in nutrient loading from existing development.
(14) The Division shall report annually to the Commission regarding the implementation of adaptive
management programs to control nutrient loading from existing development in the Jordan watershed.

History Note: Authority G.S. 143-214.1; 143-214.5; 143-214.7; 143-214.12; 143-214.21; 143-215.3(a)(1); 143-215.6A;
143-215.6B; 143-215.6C; 143 215.8B; 143B-282(c); 143B-282(d); S.L. 2005-190; S.L. 2006-259; S.L.
2009-216;
See S.L. 2013-395;
Eff. July 7, 2014.

15A NCAC 02B .0267 JORDAN WATER SUPPLY NUTRIENT STRATEGEY: PROTECTION OF EXISTING
RIPARIAN BUFFERS
(See S.L. 2013-395)
Protection of the nutrient removal and other water quality benefits provided by riparian buffers throughout the watershed is an
important element of the overall Jordan water supply nutrient strategy. The following is the strategy for riparian buffer
protection and maintenance in the Jordan watershed, as prefaced in 15A NCAC 02B .0262:
(1) PURPOSE. The purposes of this Rule shall be to protect and preserve existing riparian buffers throughout
the Jordan watershed as generally described in 15A NCAC 02B .0262, in order to maintain their nutrient
removal and stream protection functions. Additionally this Rule will help protect the water supply uses of
Jordan Reservoir and of designated water supplies throughout the Jordan watershed. Local governments
shall establish programs to meet or exceed the minimum requirements of this Rule. The requirements of
this Rule shall supersede all locally implemented buffer requirements stated in 15A NCAC 02B .0214
through .0216 as applied to WS-II, WS-III, and WS-IV waters in the Jordan watershed. Local governments
subject to this Rule may choose to implement more stringent requirements, including requiring additional
buffer width.
(2) DEFINITIONS. For the purpose of this Rule, these terms shall be defined as follows:
(a) 'Access Trails' means pedestrian trails constructed of pervious or impervious surfaces and related
structures to access a surface water, including boardwalks, steps, rails, and signage.
(b) 'Airport Facilities' means all properties, facilities, buildings, structures, and activities that satisfy
or otherwise fall within the scope of one or more of the definitions or uses of the words or phrases
'air navigation facility', 'airport', or 'airport protection privileges' under G.S. 63-1; the definition of
'aeronautical facilities' in G.S. 63-79(1); the phrase 'airport facilities' as used in G.S. 159-48(b)(1);
the phrase 'aeronautical facilities' as defined in G.S. 159-81 and G.S. 159-97; and the phrase
'airport facilities and improvements' as used in Article V, Section 13, of the North Carolina
Constitution, which shall include, without limitation, any and all of the following: airports, airport
maintenance facilities, clear zones, drainage ditches, fields, hangars, landing lighting, airport and
airport-related offices, parking facilities, related navigational and signal systems, runways,
stormwater outfalls, terminals, terminal shops, and all appurtenant areas used or suitable for
airport buildings or other airport facilities, and all appurtenant rights-of-way; restricted landing
areas; any structures, mechanisms, lights, beacons, marks, communicating systems, or other
instrumentalities or devices used or useful as an aid, or constituting an advantage or convenience
to the safe taking off, navigation, and landing of aircraft, or the safe and efficient operation or
maintenance of an airport or restricted landing area; easements through, or interests in, air space
over land or water, interests in airport hazards outside the boundaries of airports or restricted
landing areas, and other protection privileges, the acquisition or control of which is necessary to
ensure safe approaches to the landing areas of airports and restricted landing areas, and the safe
and efficient operation thereof and any combination of any or all of such facilities.
Notwithstanding the foregoing, the following shall not be included in the definition of 'airport
facilities':
(i) Satellite parking facilities;
(ii) Retail and commercial development outside of the terminal area, such as rental car
facilities; and
(iii) Other secondary development, such as hotels, industrial facilities, free-standing offices
and other similar buildings, so long as these facilities are not directly associated with the
operation of the airport, and are not operated by a unit of government or special
governmental entity such as an airport authority, in which case they are included in the
definition of 'airport facilities'.
(c) 'Forest management plan' means as defined in Chapter 160A-458.5(4).
(d) 'Forest plantation' means an area of planted trees that may be conifers (pines) or hardwoods. On a
plantation, the intended crop trees are planted rather than naturally regenerated from seed on the
site, coppice (sprouting), or seed that is blown or carried into the site.
(e) 'Greenway / Hiking Trails' means pedestrian trails constructed of pervious or impervious surfaces
and related structures including but not limited to boardwalks, steps, rails, and signage, and that
generally run parallel to the shoreline.
(f) 'High Value Tree' means a tree that meets or exceeds the following standards: for pine species, 14-
inch DBH or greater or 18-inch or greater stump diameter; or for hardwoods and wetland species,
16-inch DBH or greater or 24-inch or greater stump diameter.
(g) 'Shoreline stabilization' is the in-place stabilization of an eroding shoreline. Stabilization
techniques which include "soft" methods or natural materials (such as root wads, or rock vanes)
may be considered as part of a restoration design. However, stabilization techniques that consist
primarily of "hard" engineering, such as concrete lined channels, riprap, or gabions, while
providing bank stabilization, shall not be considered stream restoration.
(h) 'Stream restoration' is defined as the process of converting an unstable, altered or degraded stream
corridor, including adjacent riparian zone and flood-prone areas to its natural or referenced, stable
conditions considering recent and future watershed conditions. This process also includes
restoring the geomorphic dimension, pattern, and profile as well as biological and chemical
integrity, including transport of water and sediment produced by the stream's watershed in order to
achieve dynamic equilibrium. 'Referenced' or 'referenced reach' means a stable stream that is in
dynamic equilibrium with its valley and contributing watershed. A reference reach can be used to
develop natural channel design criteria for stream restoration projects.
(i) 'Stump diameter' means the diameter of a tree measured at six inches above the ground surface
level.
(j) 'Temporary road' means a road constructed temporarily for equipment access to build or replace
hydraulic conveyance structures such as bridges, culverts, pipes or water dependent structures, or
to maintain public traffic during construction.
(3) APPLICABILITY. This Rule applies to all landowners and other persons conducting activities in the
Jordan watershed, including state and federal entities, and to all local governments in the Jordan watershed,
as described in 15A NCAC 02B .0262. Local governments shall develop riparian buffer protection
programs for approval by the Commission, incorporating the minimum standards set out throughout this
Rule and shall apply the requirements of this Rule throughout their jurisdictions within the Jordan
watershed except where The Division shall exercise jurisdiction. For the following types of buffer
activities in the Jordan watershed, wherever local governments are referenced in this Rule, the Division
shall implement applicable requirements to the exclusion of local governments:
(a) Activities conducted under the authority of the State.
(b) Activities conducted under the authority of the United States.
(c) Activities conducted under the authority of multiple jurisdictions.
(d) Activities conducted under the authority of local units of government.
(e) Forest harvesting activities described in Item (14) of this Rule.
(f) Agricultural activities.
(g) Activities conducted in a location where there is no local government program implementing
NPDES stormwater requirements, Water Supply Watershed requirements, or a voluntary local
stormwater or buffer initiative at the time of the activity.
(4) BUFFERS PROTECTED. The following minimum criteria shall be used for identifying regulated buffers:
(a) This Rule shall apply to activities conducted within, or outside of with impacts upon, 50-foot wide
riparian buffers directly adjacent to surface waters in the Jordan watershed (intermittent streams,
perennial streams, lakes, reservoirs and ponds), excluding wetlands.
(b) Wetlands adjacent to surface waters or within 50 feet of surface waters shall be considered as part
of the riparian buffer but are regulated pursuant to 15A NCAC 02H .0506.
(c) A surface water shall be subject to this Rule if the feature is approximately shown on any of the
following references, and shall not be subject if it does not appear on any of these references:
(i) The most recent version of the soil survey map prepared by the Natural Resources
Conservation Service of the United States Department of Agriculture.
(ii) The most recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps
prepared by the United States Geologic Survey (USGS).
(iii) Maps approved by the Geographic Information Coordinating Council and by the
Commission. Prior to approving such maps, the Commission shall provide a 30-day
public notice and opportunity for comment. Maps approved under this sub-item shall not
apply to projects that are existing and ongoing within the meaning of this Rule as set out
in Item (6).
(d) Where the specific origination point of a stream regulated under this Item is in question, upon
request of the Division or another party, the local government shall make an on-site
determination. A local government representative who has successfully completed the Division's
Surface Water Identification Training Certification course, its successor, or other equivalent
training curriculum approved by the Division, shall establish that point using the latest version of
the Division publication, Identification Methods for the Origins of Intermittent and Perennial
Streams, available at
http://portal.ncdenr.org/web/wq/swp/ws/401/waterresources/streamdeterminations or from the
Division of Water Quality, 401/Wetlands Unit, 1650 Mail Service Center, Raleigh, NC, 27699-
1650. A local government may accept the results of a site assessment made by another party who
meets these criteria. Any disputes over on-site determinations made according to this Sub-Item
shall be referred to the Director in writing. The Director's determination is subject to review as
provided in Articles 3 and 4 of G.S. 150B.
(e) Riparian buffers protected by this Rule shall be measured pursuant to Item (7) of this Rule.
(f) Parties subject to this rule shall abide by all State rules and laws regarding waters of the state
including but not limited to 15A NCAC 02H .0500, 15A NCAC 02H .1300, and Sections 401 and
404 of the Federal Water Pollution Control Act.
(g) A riparian buffer may be exempt from this Rule as described in Item (5) or (6) of this Rule.
(h) No new clearing, grading, or development shall take place nor shall any new building permits be
issued in violation of this Rule.
(5) EXEMPTION BASED ON ON-SITE DETERMINATION. When a landowner or other affected party
including the Division believes that the maps have inaccurately depicted surface waters, he or she shall
consult the appropriate local government. Upon request, a local government representative who has
successfully completed the Division's Surface Water Identification Training Certification course, its
successor, or other equivalent training curriculum approved by the Division, shall make an on-site
determination. Local governments may also accept the results of site assessments made by other parties
who have successfully completed such training. Any disputes over on-site determinations shall be referred
to the Director in writing. A determination of the Director as to the accuracy or application of the maps is
subject to review as provided in Articles 3 and 4 of G.S. 150B. Surface waters that appear on the maps
shall not be subject to this Rule if a site evaluation reveals any of the following cases:
(a) Man-made ponds and lakes that are not part of a natural drainage way that is classified in
accordance with 15A NCAC 02B .0100, including ponds and lakes created for animal watering,
irrigation, or other agricultural uses. A pond or lake is part of a natural drainage way when it is
fed by an intermittent or perennial stream or when it has a direct discharge point to an intermittent
or perennial stream.
(b) Ephemeral streams.
(c) The absence on the ground of a corresponding intermittent or perennial stream, lake, reservoir, or
pond.
(d) Ditches or other man-made water conveyances, other than modified natural streams.
(6) EXEMPTION WHEN EXISTING USES ARE PRESENT AND ONGOING. This Rule shall not apply to
uses that are existing and ongoing; however, this Rule shall apply at the time an existing, ongoing use is
changed to another use. Change of use shall involve the initiation of any activity that does not meet either
of the following criteria for existing, ongoing activity:
(a) It was present within the riparian buffer as of the effective date of a local program enforcing this
Rule and has continued to exist since that time. For any Division-administered activities listed in
Item (3) of this Rule, a use shall be considered existing and ongoing if it was present within the
riparian buffer as of the Rule’s effective date of August 11, 2009 and has continued to exist since
that time. Existing uses shall include agriculture, buildings, industrial facilities, commercial areas,
transportation facilities, maintained lawns, utility lines and on-site sanitary sewage systems, any of
which involve either specific, periodic management of vegetation or displacement of vegetation
by structures or regular activity. Only the portion of the riparian buffer occupied by the footprint
of the existing use is exempt from this Rule. Change of ownership through purchase or inheritance
is not a change of use. Activities necessary to maintain uses are allowed provided that the site
remains similarly vegetated, no impervious surface is added within 50 feet of the surface water
where it did not previously exist as of the effective date of a local program enforcing this Rule, or
for Division-administered activities listed in Item (3) of this Rule as of the Rule’s effective date of
August 11, 2009, and existing diffuse flow is maintained. Grading and revegetating Zone Two is
allowed provided that the health of the vegetation in Zone One is not compromised, the ground is
stabilized and existing diffuse flow is maintained.
(b) Projects or proposed development that are determined by the local government to meet at least
one of the following criteria:
(i) Project requires a 401 Certification/404 Permit and these were issued prior to the
effective date of the local program enforcing this Rule, and prior to the August 11, 2009
effective date of this Rule for Division-administered activities listed in Item (3) of this
Rule;
(ii) Projects that require a state permit, such as landfills, NPDES wastewater discharges,
land application of residuals and road construction activities, have begun construction or
are under contract to begin construction and had received all required state permits and
certifications prior to the effective date of the local program implementing this Rule, and
prior to the August 11, 2009 effective date of this Rule for Division-administered
activities listed in Item (3) of this Rule;
(iii) Projects that are being reviewed through the Clean Water Act Section 404/National
Environmental Policy Act Merger 01 Process (published by the US Army Corps of
Engineers and Federal Highway Administration, 2003) or its immediate successor and
that have reached agreement with DENR on avoidance and minimization by the effective
date of the local program enforcing this Rule, and prior to the August 11, 2009 effective
date of this Rule for state and federal entities; or
(iv) Projects that are not required to be reviewed by the Clean Water Act Section
404/National Environmental Policy Act Merger 01 Process (published by the US Army
Corps of Engineers and Federal Highway Administration, 2003) or its immediate
successor if a Finding of No Significant Impact has been issued for the project and the
project has the written approval of the local government prior to the effective date of the
local program enforcing this Rule, or the written approval of the Division prior to the
August 11, 2009 effective date of this Rule for state and federal entities.
(7) ZONES OF THE RIPARIAN BUFFER. The protected riparian buffer shall have two zones as follows:
(a) Zone One shall consist of a vegetated area that is undisturbed except for uses provided for in Item
(9) of this Rule. The location of Zone One shall be as follows:
(i) For intermittent and perennial streams, Zone One shall begin at the top of the bank and
extend landward a distance of 30 feet on all sides of the surface water, measured
horizontally on a line perpendicular to a vertical line marking the top of the bank.
(ii) For ponds, lakes and reservoirs located within a natural drainage way, Zone One shall
begin at the normal water level and extend landward a distance of 30 feet, measured
horizontally on a line perpendicular to a vertical line marking the normal water level.
(b) Zone Two shall consist of a stable, vegetated area that is undisturbed except for uses provided for
in Item (9) of this Rule. Grading and revegetating in Zone Two is allowed provided that the
health of the vegetation in Zone One is not compromised. Zone Two shall begin at the outer edge
of Zone One and extend landward 20 feet as measured horizontally on a line perpendicular to the
surface water. The combined width of Zones One and Two shall be 50 feet on all sides of the
surface water.
(8) DIFFUSE FLOW REQUIREMENT. Diffuse flow of runoff shall be maintained in the riparian buffer by
dispersing concentrated flow prior to its entry into the buffer and reestablishing vegetation as follows:
(a) Concentrated runoff from new ditches or manmade conveyances shall be converted to diffuse flow
at non-erosive velocities before the runoff enters Zone Two of the riparian buffer;
(b) Periodic corrective action to restore diffuse flow shall be taken as necessary and shall be designed
to impede the formation of erosion gullies;
(c) As set out in Items (7) and (9) of this Rule, no new stormwater conveyances are allowed through
the buffers except for those specified in Item (9) of this Rule addressing stormwater management
ponds, drainage ditches, roadside ditches, and stormwater conveyances; and
(d) Activities conducted outside of buffers identified in Item (4) that alter the hydrology in violation
of the diffuse flow requirements set out in this Item shall be prohibited.
(9) TABLE OF USES. The following chart sets out potential new uses within the buffer, or outside the buffer
with impacts on the buffer, and categorizes them as exempt, allowable, or allowable with mitigation. All
uses not categorized as exempt, allowable, or allowable with mitigation are considered prohibited and may
not proceed within the riparian buffer, or outside the buffer if the use would impact diffuse flow through the
buffer, unless a variance is granted pursuant to Item (12) of this Rule. The requirements for each category
are given in Item (10) of this Rule.

Use Exempt* Allowable*
Allowable
with
Mitigation*
Access trails: Pedestrian access trails leading to the surface
water, docks, fishing piers, boat ramps and other water
dependent activities:
 Pedestrian access trails that are restricted to the
minimum width practicable and do not exceed 4
feet in width of buffer disturbance, and provided
that installation and use does not result in removal
of trees as defined in this Rule and no impervious
surface is added to the riparian buffer
 Pedestrian access trails that exceed 4 feet in width
of buffer disturbance, the installation or use results
in removal of trees as defined in this Rule or
impervious surface is added to the riparian buffer

X

X

Airport facilities:
 Airport facilities that impact equal to or less than
150 linear feet or one-third of an acre of riparian
buffer
 Airport facilities that impact greater than 150
linear feet or one-third of an acre of riparian
buffer
 Activities necessary to comply with FAA
requirements (e.g. radar uses or landing strips)1

X

X

X

Archaeological activities X
Bridges X
Canoe Access provided that installation and use does not
result in removal of trees as defined in this Rule and no
impervious surface is added to the buffer.
X

* To qualify for the designation indicated in the column header, an activity must adhere to the
limitations defined for it in a given listing as well as the requirements established in Item (10) of
this Rule.

Use Exempt* Allowable*
Allowable
with
Mitigation*
Dam maintenance activities:
 Dam maintenance activities that do not cause
additional buffer disturbance beyond the footprint
of the existing dam or those covered under the
U.S. Army Corps of Engineers Nationwide Permit
No. 3
 Dam maintenance activities that do cause
additional buffer disturbance beyond the footprint
of the existing dam or those not covered under the
U.S. Army Corps of Engineers Nationwide Permit
No.3

X

X

* To qualify for the designation indicated in the column header, an activity must adhere to the
limitations defined for it in a given listing as well as the requirements established in Item (10) of
this Rule.

Use Exempt* Allowable*
Allowable
with
Mitigation*
Drainage ditches, roadside ditches and stormwater
conveyances through riparian buffers:
 New stormwater flows to existing drainage
ditches, roadside ditches, and stormwater
conveyances provided flows do not alter or result
in the need to alter the conveyance and are
managed to minimize the sediment, nutrients and
other pollution that convey to waterbodies.
 Realignment of existing roadside drainage ditches
retaining the design dimensions, provided that no
additional travel lanes are added and the minimum
required roadway typical section is used based on
traffic and safety considerations.
 New or altered drainage ditches, roadside ditches
and stormwater outfalls provided that a
stormwater management facility is installed to
control nutrients and attenuate flow before the
conveyance discharges through the riparian buffer
 New drainage ditches, roadside ditches and
stormwater conveyances applicable to linear
projects that do not provide a stormwater
management facility due to topography constraints
provided that other practicable BMPs are
employed.

X

X

X

X

* To qualify for the designation indicated in the column header, an activity must adhere to the
limitations defined for it in a given listing as well as the requirements established in Item (10) of
this Rule.

Use Exempt* Allowable*
Allowable
with
Mitigation*
Drainage of a pond in a natural drainage way provided that
a new riparian buffer that meets the requirements of Items
(7) and (8) of this Rule is established adjacent to the new
channel
X
Driveway crossings of streams and other surface waters
subject to this Rule:
 Driveway crossings on single family residential
lots that disturb equal to or less than 25 linear feet
or 2,500 square feet of riparian buffer
 Driveway crossings on single family residential
lots that disturb greater than 25 linear feet or
2,500 square feet of riparian buffer
 In a subdivision that cumulatively disturb equal to
or less than 150 linear feet or one-third of an acre
of riparian buffer
 In a subdivision that cumulatively disturb greater
than 150 linear feet or one-third of an acre of
riparian buffer

X

X

X

X
Driveway impacts other than crossing of a stream or other
surface waters subject to this Rule
X
Fences:
 Fences provided that disturbance is minimized and
installation does not result in removal of trees as
defined in this Rule
 Fences provided that disturbance is minimized and
installation results in removal of trees as defined
in this Rule

X

X

Forest harvesting - see Item (14) of this Rule
Fertilizer application: one-time application to establish
vegetation
X

* To qualify for the designation indicated in the column header, an activity must adhere to the
limitations defined for it in a given listing as well as the requirements established in Item (10) of
this Rule.

Use Exempt* Allowable*
Allowable
with
Mitigation*
Grading and revegetation in Zone Two provided that
diffuse flow and the health of existing vegetation in Zone
One is not compromised and disturbed areas are
stabilized until they are revegetated.
X
Greenway/hiking trails designed, constructed and
maintained to maximize nutrient removal and erosion
protection, minimize adverse effects on aquatic life and
habitat, and protect water quality to the maximum extent
practical.
X
Historic preservation X
Maintenance access on modified natural streams: a grassed
travel way on one side of the water body when less
impacting alternatives are not practical. The width and
specifications of the travel way shall be only that needed for
equipment access and operation. The travel way shall be
located to maximize stream shading.
X
Mining activities:
 Mining activities that are covered by the Mining
Act provided that new riparian buffers that meet
the requirements of Items (7) and (8) of this Rule
are established adjacent to the relocated channels
 Mining activities that are not covered by the
Mining Act OR where new riparian buffers that
meet the requirements or Items (7) and (8) of this
Rule are not established adjacent to the relocated
channels
 Wastewater or mining dewatering wells with
approved NPDES permit

X

X

X

* To qualify for the designation indicated in the column header, an activity must adhere to the
limitations defined for it in a given listing as well as the requirements established in Item (10) of
this Rule.

Use Exempt* Allowable*
Allowable
with
Mitigation*
Playground equipment:
 Playground equipment on single family lots
provided that installation and use does not result
in removal of vegetation
 Playground equipment installed on lands other
than single-family lots or that requires removal of
vegetation

X

X

Ponds created by impounding streams and not used as
stormwater BMPs:
 New ponds provided that a riparian buffer that
meets the requirements of Items (7) and (8) of this
Rule is established adjacent to the pond
 New ponds where a riparian buffer that meets the
requirements of Items (7) and (8) of this Rule is
NOT established adjacent to the pond

X

X
Protection of existing structures, facilities and stream banks
when this requires additional disturbance of the riparian
buffer or the stream channel

X
Railroad impacts other than crossings of streams and other
surface waters subject to this Rule.
X

* To qualify for the designation indicated in the column header, an activity must adhere to the
limitations defined for it in a given listing as well as the requirements established in Item (10) of
this Rule.

Use Exempt* Allowable*
Allowable
with
Mitigation*
Railroad crossings of streams and other surface waters
subject to this Rule:
 Railroad crossings that impact equal to or less
than 40 linear feet of riparian buffer
 Railroad crossings that impact greater than 40
linear feet but equal to or less than 150 linear feet
or one-third of an acre of riparian buffer
 Railroad crossings that impact greater than 150
linear feet or one-third of an acre of riparian
buffer

X

X

X
Recreational and accessory structures in Zone Two:
 Sheds and gazebos in Zone Two, provided they
are not prohibited under local water supply
ordinance:
o Total footprint less than or equal to 150
square feet per lot.
o Total footprint greater than 150 square
feet per lot.
 Wooden slatted decks and associated steps,
provided the use meets the requirements of Items
(7) and (8) of this Rule:
o Deck at least eight feet in height and no
vegetation removed from Zone One.
o Deck less than eight feet in height or
vegetation removed from Zone One.

X

X

X

X
Removal of previous fill or debris provided that diffuse
flow is maintained and vegetation is restored
X
Road impacts other than crossings of streams and other
surface waters subject to this Rule
X

* To qualify for the designation indicated in the column header, an activity must adhere to the
limitations defined for it in a given listing as well as the requirements established in Item (10) of
this Rule.

Use Exempt* Allowable*
Allowable
with
Mitigation*
Road crossings of streams and other surface waters subject
to this Rule:
 Road crossings that impact equal to or less than 40
linear feet of riparian buffer
 Road crossings that impact greater than 40 linear
feet but equal to or less than 150 linear feet or
one-third of an acre of riparian buffer
 Road crossings that impact greater than 150 linear
feet or one-third of an acre of riparian buffer

X

X

X
Road relocation: Relocation of existing private access roads
associated with public road projects where necessary for
public safety:
 Less than or equal to 2,500 square feet of buffer
impact
 Greater than 2,500 square feet of buffer impact

X

X
Stormwater BMPs:
 Wet detention, bioretention, and constructed
wetlands in Zone Two if diffuse flow of discharge
is provided into Zone One
 Wet detention, bioretention, and constructed
wetlands in Zone One

X

X
Scientific studies and stream gauging X
Streambank or shoreline stabilization X

* To qualify for the designation indicated in the column header, an activity must adhere to the
limitations defined for it in a given listing as well as the requirements established in Item (10) of
this Rule.

Use Exempt* Allowable*
Allowable
with
Mitigation*
Temporary roads, provided that the disturbed area is
restored to pre-construction topographic and hydrologic
conditions immediately after construction is complete and
replanted immediately with comparable vegetation, except
that tree planting may occur during the dormant season. A
one-time application of fertilizer may be used to establish
vegetation: At the end of five years the restored buffer
shall comply with the restoration criteria in Item (8) of 15A
NCAC 02B .0268:
 Less than or equal to 2,500 square feet of buffer
disturbance
 Greater than 2,500 square feet of buffer
disturbance
 Associated with culvert installation or bridge
construction or replacement.

X

X

X

* To qualify for the designation indicated in the column header, an activity must adhere to the
limitations defined for it in a given listing as well as the requirements established in Item (10) of
this Rule.

Use Exempt* Allowable*
Allowable
with
Mitigation*
Temporary sediment and erosion control devices, provided
that the disturbed area is restored to pre-construction
topographic and hydrologic conditions immediately after
construction is complete and replanted immediately with
comparable vegetation, except that tree planting may occur
during the dormant season. A one-time application of
fertilizer may be used to establish vegetation. At the end of
five years the restored buffer shall comply with the
restoration criteria in Item (8) of Rule 15A NCAC 02B
.0268:
 In Zone Two provided ground cover is established
within timeframes required by the Sedimentation
and Erosion Control Act, vegetation in Zone One
is not compromised, and runoff is released as
diffuse flow in accordance with Item (8) of this
Rule.
 In Zones one and two to control impacts
associated with uses approved by the local
government or that have received a variance,
provided that sediment and erosion control for
upland areas is addressed, to the maximum extent
practical, outside the buffer.
 In-stream temporary erosion and sediment control
measures for work within a stream channel that is
authorized under Sections 401 and 404 of the
Federal Water Pollution Control Act.
 In-stream temporary erosion and sediment control
measures for work within a stream channel.

X

X

X

X

* To qualify for the designation indicated in the column header, an activity must adhere to the
limitations defined for it in a given listing as well as the requirements established in Item (10) of
this Rule.

Use Exempt* Allowable*
Allowable
with
Mitigation*
Utility, electric, aerial, perpendicular crossings of streams
and other surface waters subject to this Rule2,3,5:
 Disturb equal to or less than 150 linear feet of
riparian buffer
 Disturb greater than 150 linear feet of riparian
buffer

X

X

Utility, electric, aerial, other than perpendicular crossings5:
 Impacts in Zone Two
 Impacts in Zone One2,3

X

X
Utility, electric, underground, perpendicular crossings3,4,5:
 Disturb less than or equal to 40 linear feet of
riparian buffer
 Disturb greater than 40 linear feet of riparian
buffer

X

X

Utility, electric, underground, other than perpendicular
crossings4:
 Impacts in Zone Two
 Impacts in Zone One1

X
X

* To qualify for the designation indicated in the column header, an activity must adhere to the
limitations defined for it in a given listing as well as the requirements established in Item (10) of
this Rule.

Use Exempt* Allowable*
Allowable
with
Mitigation*
Utility, non-electric, perpendicular crossings of streams and
other surface waters subject to this Rule3,5:
 Disturb equal to or less than 40 linear feet of
riparian buffer with a maintenance corridor equal
to or less than 10 feet in width
 Disturb equal to or less than 40 linear feet of
riparian buffer with a maintenance corridor greater
than 10 feet in width
 Disturb greater than 40 linear feet but equal to or
less than 150 linear feet of riparian buffer with a
maintenance corridor equal to or less than 10 feet
in width
 Disturb greater than 40 linear feet but equal to or
less than 150 linear feet of riparian buffer with a
maintenance corridor greater than 10 feet in width
 Disturb greater than 150 linear feet of riparian
buffer

X

X

X

X

X
Utility, non-electric, other than perpendicular crossings4,5:
 Impacts in Zone Two
 Impacts in Zone One1

X

X

* To qualify for the designation indicated in the column header, an activity must adhere to the
limitations defined for it in a given listing as well as the requirements established in Item (10) of
this Rule.

Use Exempt* Allowable*
Allowable
with
Mitigation*
Vegetation management:
 Emergency fire control measures provided that
topography is restored
 Mowing or harvesting of plant products in Zone
Two
 Planting vegetation to enhance the riparian buffer
 Pruning forest vegetation provided that the health
and function of the forest vegetation is not
compromised
 Removal of individual trees that are in danger of
causing damage to dwellings, other structures or
human life, or are imminently endangering
stability of the streambank.
 Removal of individual trees which are dead,
diseased or damaged.
 Removal of poison ivy
 Removal of invasive exotic vegetation as defined
in:
Smith, Cherri L. 1998. Exotic Plant Guidelines. Dept. of
Environment and Natural Resources. Division of Parks and
Recreation. Raleigh, NC. Guideline #30

X

X

X

X

X

X

X

X

Vehicular access roads leading to water-dependent
structures as defined in 15A NCAC 02B .0202, provided
they do not cross the surface water and have minimum
practicable width not exceeding ten feet.
X

Water dependent structures as defined in 15A NCAC 02B
.0202 where installation and use result in disturbance to
riparian buffers.

X

* To qualify for the designation indicated in the column header, an activity must adhere to the
limitations defined for it in a given listing as well as the requirements established in Item (10) of
this Rule.

Use Exempt* Allowable*
Allowable
with
Mitigation*
Water supply reservoirs:
 New reservoirs where a riparian buffer that meets
the requirements of Items (7) and (8) of this Rule
is established adjacent to the reservoir
 New reservoirs where a riparian buffer that meets
the requirements of Items (7) and (8) of this Rule
is not established adjacent to the reservoir

X

X
Water wells
 Single family residential water wells
 All other water wells

X

X

Wetland, stream and buffer restoration that results in
impacts to the riparian buffers:
 Wetland, stream and buffer restoration that
requires Division approval for the use of a 401
Water Quality Certification
 Wetland, stream and buffer restoration that does
not require Division approval for the use of a 401
Water Quality Certification

X

X

Wildlife passage structures X

* To qualify for the designation indicated in the column header, an activity must adhere to the limitations
defined for it in a given listing as well as the requirements established in Item (10) of this Rule.

1 Provided that:
 No heavy equipment is used in Zone One.
 Vegetation in undisturbed portions of the buffer is not compromised.
 Felled trees are removed by chain.
 No permanent felling of trees occurs in protected buffers or streams.
 Stumps are removed only by grinding.
 At the completion of the project the disturbed area is stabilized with native vegetation.
 Zones one and two meet the requirements of Sub-Items (7) and (8) of this Rule.
2 Provided that, in Zone One, all of the following BMPs for overhead utility lines are used. If all of these
BMPs are not used, then the overhead utility lines shall require a no practical alternative
evaluation by the local government, as defined in Item (11) of this Rule.
 A minimum zone of 10 feet wide immediately adjacent to the water body shall be managed such
that only vegetation that poses a hazard or has the potential to grow tall enough to interfere with
the line is removed.
 Woody vegetation shall be cleared by hand. No land grubbing or grading is allowed.
 Vegetative root systems shall be left intact to maintain the integrity of the soil. Stumps shall
remain where trees are cut.
 Riprap shall not be used unless it is necessary to stabilize a tower.
 No fertilizer shall be used other than a one-time application to re-establish vegetation.
 Construction activities shall minimize the removal of woody vegetation, the extent of the
disturbed area, and the time in which areas remain in a disturbed state.
 Active measures shall be taken after construction and during routine maintenance to ensure
diffuse flow of stormwater through the buffer.
 In wetlands, mats shall be utilized to minimize soil disturbance.
3 Provided that poles or aerial infrastructure shall not be installed within 10 feet of a water body unless the
local government completes a no practical alternative evaluation as defined in Item (11) of this
Rule.
4 Provided that, in Zone One, all of the following BMPs for underground utility lines are used. If all of
these BMPs are not used, then the underground utility line shall require a no practical alternative
evaluation by the local government, as defined in Item (11) of this Rule.
 Woody vegetation shall be cleared by hand. No land grubbing or grading is allowed.
 Vegetative root systems shall be left intact to maintain the integrity of the soil. Stumps shall
remain, except in the trench where trees are cut.
 Underground cables shall be installed by vibratory plow or trenching.
 The trench shall be backfilled with the excavated soil material immediately following cable
installation.
 No fertilizer shall be used other than a one-time application to re-establish vegetation.
 Construction activities shall minimize the removal of woody vegetation, the extent of the
disturbed area, and the time in which areas remain in a disturbed state.
 Measures shall be taken upon completion of construction and during routine maintenance to
ensure diffuse flow of stormwater through the buffer.
 In wetlands, mats shall be utilized to minimize soil disturbance.
5 Perpendicular crossings are those that intersect the surface water at an angle between 75 degrees and 105
degrees.
(10) REQUIREMENTS FOR CATEGORIES OF USES. Uses designated in Item (9) of this Rule as exempt,
allowable, and allowable with mitigation within a riparian buffer shall have the following requirements:
(a) EXEMPT. Uses designated as exempt are permissible without local government authorization
provided that they adhere to the limitations of the activity as defined in Item (9). In addition,
exempt uses shall be designed, constructed and maintained to minimize soil disturbance and to
provide the maximum water quality protection practicable, including construction, monitoring,
and maintenance activities.
(b) ALLOWABLE. Uses designated as allowable may proceed provided that there are no practical
alternatives to the requested use pursuant to Item (11) of this Rule. This includes construction,
monitoring, and maintenance activities. These uses require written authorization from the local
government.
(c) ALLOWABLE WITH MITIGATION. Uses designated as allowable with mitigation may
proceed provided that there are no practical alternatives to the requested use pursuant to Item (11)
of this Rule and an appropriate mitigation strategy has been approved pursuant to Item (13) of this
Rule. These uses require written authorization from the local government.
(11) DETERMINATION OF "NO PRACTICAL ALTERNATIVES."
(a) Persons who wish to undertake uses designated as allowable or allowable with mitigation shall
submit a request for a "no practical alternatives" determination to the local government. The
applicant shall certify that the project meets all the following criteria for finding "no practical
alternatives":
(i) The basic project purpose cannot be practically accomplished in a manner that would
better minimize disturbance, preserve aquatic life and habitat, and protect water quality;
(ii) The use cannot practically be reduced in size or density, reconfigured or redesigned to
better minimize disturbance, preserve aquatic life and habitat, and protect water quality;
and
(iii) Best management practices shall be used if necessary to minimize disturbance, preserve
aquatic life and habitat, and protect water quality;
(b) The applicant shall also submit at least the following information in support of their assertion of
"no practical alternatives":
(i) The name, address and phone number of the applicant;
(ii) The nature of the activity to be conducted by the applicant;
(iii) The location of the activity, including the jurisdiction;
(iv) A map of sufficient detail to accurately 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;
(v) An explanation of why this plan for the activity cannot be practically accomplished,
reduced or reconfigured to better minimize disturbance to the riparian buffer, preserve
aquatic life and habitat and protect water quality; and
(vi) Plans for any best management practices proposed to be used to control the impacts
associated with the activity.
(c) Within 60 days of a submission that addresses Sub-Item (11)(b) of this Rule, the local government
shall review the entire project and make a finding of fact as to whether the criteria in Sub-Item
(11)(a) have been met. A finding of "no practical alternatives" shall result in issuance of an
Authorization Certificate. Failure to act within 60 days shall be construed as a finding of "no
practical alternatives" and an Authorization Certificate shall be issued to the applicant unless one
of the following occurs:
(i) The applicant agrees, in writing, to a longer period;
(ii) The local government determines that the applicant has failed to furnish requested
information necessary to the local government's decision;
(iii) The final decision is to be made pursuant to a public hearing; or
(iv) The applicant refuses access to its records or premises for the purpose of gathering
information necessary to the local government's decision.
(d) The local government may attach conditions to the Authorization Certificate that support the
purpose, spirit and intent of the riparian buffer protection program.
(e) Any appeals of determinations regarding Authorization Certificates shall be referred to the
Director. The Director's decision is subject to review as provided in G.S. 150B Articles 3 and 4.
(12) VARIANCES. Persons who wish to undertake prohibited uses may pursue a variance. The local
government may grant minor variances. For major variances, local governments shall prepare preliminary
findings and submit them to the Commission for approval. The variance request procedure shall be as
follows:
(a) For any variance request, the local government shall make a finding of fact as to whether there are
practical difficulties or unnecessary hardships that prevent compliance with the riparian buffer
protection requirements. A finding of practical difficulties or unnecessary hardships shall require
that the following conditions are met:
(i) If the applicant complies with the provisions of this Rule, he/she can secure no
reasonable return from, nor make reasonable use of, his/her property. Merely proving
that the variance would permit a greater profit from the property shall not be considered
adequate justification for a variance. Moreover, the local government shall consider
whether the variance is the minimum possible deviation from the terms of this Rule that
shall make reasonable use of the property possible;
(ii) The hardship results from application of this Rule to the property rather than from other
factors such as deed restrictions or other hardship;
(iii) The hardship is due to the physical nature of the applicant's property, such as its size,
shape, or topography, such that compliance with provisions of this rule would not allow
reasonable use of the property;
(iv) The applicant did not cause the hardship by knowingly or unknowingly violating this
Rule;
(v) The applicant did not purchase the property after August 11, 2009, the effective date of
this Rule, and then request a variance; and
(vi) The hardship is rare or unique to the applicant's property.
(b) For any variance request, the local government shall make a finding of fact as to whether the
variance is in harmony with the general purpose and intent of the State's riparian buffer protection
requirements and preserves its spirit; and
(c) For any variance request, the local government shall make a finding of fact as to whether, in
granting the variance, the public safety and welfare have been assured, water quality has been
protected, and substantial justice has been done.
(d) MINOR VARIANCES. A minor variance request pertains to activities that will impact only Zone
Two of the riparian buffer. Minor variance requests shall be reviewed and approved based on the
criteria in Sub-Items (12)(a) through (12)(c) of this Rule by the local government pursuant to G.S.
153A-Article 18, or G.S. 160A-Article 19. The local government may attach conditions to the
variance approval that support the purpose, spirit and intent of the riparian buffer protection
program. Request for appeals to decisions made by the local governments shall be made in writing
to the Director. The Director's decision is subject to review as provided in G.S. 150B Articles 3
and 4.
(e) MAJOR VARIANCES. A major variance request pertains to activities that will impact any
portion of Zone One or any portion of both Zones One and Two of the riparian buffer. If the local
government has determined that a major variance request meets the requirements in Sub-Items
(12)(a) through (12)(c) of this Rule, then it shall prepare a preliminary finding and submit it to the
Commission for approval. Within 90 days after receipt by the local government, the Commission
shall review preliminary findings on major variance requests and take one of the following
actions: approve, approve with conditions and stipulations, or deny the request. Appeals from a
Commission decision on a major variance request are made on judicial review to Superior Court.
(13) MITIGATION. Persons who wish to undertake uses designated as allowable with mitigation shall meet the
following requirements in order to proceed with their proposed use:
(a) Obtain a determination of "no practical alternatives" to the proposed use pursuant to Item (11) of
this Rule; and
(b) Obtain approval for a mitigation proposal pursuant to 15A NCAC 02B .0268.
(14) REQUIREMENTS SPECIFIC TO FOREST HARVESTING. The following requirements shall apply for
forest harvesting operations and practices:
(a) All the following measures shall apply in the entire riparian buffer as applicable:
(i) Logging decks and sawmill sites shall not be placed in the riparian buffer;
(ii) Access roads and skid trails shall be prohibited except for temporary and permanent
stream crossings established in accordance with 15A NCAC 01I .0203. Temporary
stream crossings shall be permanently stabilized after any site disturbing activity is
completed;
(iii) Timber felling shall be directed away from the stream or waterbody;
(iv) 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;
(v) Individual trees may be treated to maintain or improve their health, form or vigor;
(vi) Harvesting of dead or infected trees as necessary to prevent or control the spread of tree
pest and disease infestation shall be allowed. These practices must be approved by the
Division of Forest Resources for a specific site pursuant to the rule. The Division of
Forest Resources must notify the Division of all approvals;
(vii) Removal of individual trees that are in danger of causing damage to structures or human
life shall be allowed;
(viii) Natural regeneration of forest vegetation and planting of trees, shrubs, or ground cover
plants to enhance the riparian buffer shall be allowed provided that soil disturbance is
minimized;
(ix) High-intensity prescribed burns shall not be allowed; and
(x) Application of fertilizer shall not be allowed except as necessary for permanent
stabilization. Broadcast application of fertilizer to the adjacent forest stand shall be
conducted so that the chemicals are not applied directly to or allowed to drift into the
riparian buffer.
(b) In Zone One, forest vegetation shall be protected and maintained. Selective harvest as provided
for below is allowed on forest lands that have a deferment for use value under forestry in
accordance with G.S. 105-277.2 through 277.6 or on forest lands that have a forest management
plan. A plan drafted under either option shall meet the standards set out in this Item. Copies of
either the approval of the deferment for use value under forestry or the forest management plan
shall be produced upon request. For such forest lands, selective harvest is allowed in accordance
with the following:
(i) Tracked or wheeled vehicles are permitted for the purpose of selective timber harvesting
where there is no other practical alternative for removal of individual trees provided
activities comply with forest practice guidelines for water quality as defined in 15A
NCAC 01I .0101 through .0209, and provided no equipment shall operate within the
first 10 feet immediately adjacent to the stream except at stream crossings designed,
constructed and maintained in accordance with Rule 15A NCAC 01I .0203;
(ii) Soil disturbing site preparation activities are not allowed; and
(iii) Trees shall be removed with the minimum disturbance to the soil and residual
vegetation.
(c) In addition to the requirements of (b) in this Item, the following provisions for selective
harvesting shall be met:
(i) The first 10 feet of Zone One directly adjacent to the stream or waterbody shall be
undisturbed except for the removal of individual high value trees as defined provided
that no trees with exposed primary roots visible in the streambank be cut unless listed as
an exempt activity under Vegetation Management in the Table of Uses, Sub-Item (9) of
this Rule;
(ii) In the outer 20 feet of Zone One, a maximum of 50 percent of the trees greater than five
inches DBH may be cut and removed. The reentry time for harvest shall be no more
frequent than every 15 years, except on forest plantations where the reentry time shall be
no more frequent than every five years. In either case, the trees remaining after harvest
shall be as evenly spaced as possible; and
(iii) In Zone Two, harvesting and regeneration of the forest stand shall be allowed in
accordance with 15A NCAC 01I .0100 through .0200 as enforced by the Division of
Forest Resources.
(15) RULE IMPLEMENTATION. This Rule shall be implemented as follows:
(a) For Division-administered activities listed in Item (3) of this Rule, the Division shall continue to
implement the requirements of this Rule, which it has done since its effective date of August 11,
2009:
(b) Local governments shall continue to implement buffer programs approved by the Commission in
September 2010 and January 2011, or subsequent revisions to those programs approved by the
Commission or its delegated authority, to ensure that existing land use activities and proposed
development complies with local programs. These programs are required to meet the standards
set out in this Rule, 15A NCAC 02B .0268, and are guided by the model buffer program approved
by the Commission in September 2009. A local government shall issue an approval for new
development only if the development application proposes to avoid impacts to riparian buffers
defined in Item (4) of this Rule, or where the application proposes to impact such buffers, it
demonstrates that the applicant has done the following, as applicable:
(i) Determined that the activity is exempt from requirements of this Rule;
(ii) Received an Authorization Certificate from the Division pursuant to Item (11) of this
Rule for uses designated as Allowable or Allowable with Mitigation;
(iii) For uses designated as Allowable with Mitigation, received approval of a mitigation plan
pursuant to 15A NCAC 02B .0268; and
(iv) Received a variance pursuant to Item (12) of this Rule;
(c) Local governments shall continue to submit annual reports to the Division summarizing their
activities in implementing the requirements of this Rule;
(d) If a local government fails to adopt or adequately implement its program as called for in this Rule,
the Division may take appropriate enforcement action as authorized by statute, and may choose to
assume responsibility for implementing that program until such time as it determines that the local
government is prepared to comply with its responsibilities; and
(e) LOCAL OVERSIGHT. The Division shall periodically inspect local programs to ensure that they
are being implemented and enforced in keeping with the requirements of this Rule. Local
governments shall maintain on-site records for a minimum of five years, and shall furnish a copy
of these records to the Division within 30 days of receipt of a written request for them. Local
programs' records shall include the following:
(i) A copy of all variance requests;
(ii) Findings of fact on all variance requests;
(iii) Results of all variance proceedings;
(iv) A record of complaints and action taken as a result of complaints;
(v) Records for stream origin calls and stream ratings; and
(vi) Copies of all requests for authorization, records approving authorization and
Authorization Certificates.
(16) OTHER LAWS, REGULATIONS AND PERMITS. In all cases, compliance with this Rule does not
preclude the requirement to comply with all other federal, state and local laws, regulations, and permits
regarding streams, steep slopes, erodible soils, wetlands, floodplains, forest harvesting, surface mining,
land disturbance activities, or any other landscape feature or water quality-related activity.

History Note: Authority 143-214.1; 143-214.5; 143-214.7; 143-215.3(a)(1); 143-215.6A; 143-215.6B; 143-215.6C; 143
215.8B; 143B-282(c); 143B-282(d) S.L. 1999-329, s. 7.1.; S.L. 2005-190; S.L. 2006-259; S.L. 2009-216;
S.L. 2009-484;
Eff. August 11, 2009;
Amended Eff. September 1, 2011;
See S.L. 2013-395;
Amended Eff. July 7, 2014.

15A NCAC 02B .0268 JORDAN WATER SUPPLY NUTRIENT STRATEGY: MITIGATION FOR RIPARIAN
BUFFERS

History Note: Authority 143-214.1; 143-214.5; 143-214.7; 143-215.3(a)(1); 143-215.6A; 143-215.6B; 143-215.6C; 143
215.8B; 143B-282(c); 143B-282(d); S.L. 1999-329, s. 7.1.; S.L. 2005-190; S.L. 2006-259;
Eff. August 11, 2009;
Amended Eff. September 1, 2011;
Repealed Eff. October 24, 2014.

15A NCAC 02B .0269 RIPARIAN BUFFER MITIGATION FEES TO THE NC ECOSYSTEM ENHANCEMENT
PROGRAM

History Note: Authority G.S. 143-214.1; 143-214.5; 143-214.5(i); 143-214.7; 143-214.12; 143-214.21; 143-215.3(a)(1);
143-215.6A; 143-215.6B; 143-215.6C; 143 215.8B; 143B-282(c); 143B-282(d); S.L. 2005-190; S.L. 2006-
259;
Eff. August 11, 2009;
Transferred to 15A NCAC 02R .0601 Eff. May 1, 2015.

15A NCAC 02B .0270 JORDAN WATER SUPPLY NUTRIENT STRATEGY: WASTEWATER DISCHARGE
REQUIREMENTS
(See S.L. 2013-395)
The following is the NPDES wastewater discharge management strategy for the B. Everett Jordan Reservoir watershed, or
Jordan watershed:
(1) PURPOSE. The purpose of this Rule is to establish minimum nutrient control requirements for point
source wastewater discharges in the Jordan watershed in order to restore and maintain water quality in the
reservoir and its tributaries and protect their designated uses, including water supply.
(2) APPLICABILITY. This Rule applies to all wastewater treatment facilities discharging in the Jordan
watershed that receive nutrient-bearing wastewater and are subject to requirements for individual NPDES
permits.
(3) DEFINITIONS. For the purposes of this Rule, the following definitions apply:
(a) In regard to point source dischargers, treatment facilities, and wastewater flows and discharges,
(i) "Existing" means that which was subject to a NPDES permit as of December 31, 2001;
(ii) "Expanding" means that which has increased or will increase beyond its permitted flow
as defined in this Rule; and
(iii) "New" means that which was not subject to a NPDES permit as of December 31, 2001.
(b) "Active" allocation means that portion of an allocation that has been applied toward and is
expressed as a nutrient limit in an individual NPDES permit. Allocation that is held but not
applied in this way is "reserve" allocation.
(c) "Limit" means the mass quantity of nitrogen or phosphorus that a discharger or group of
dischargers is authorized through a NPDES permit to release into surface waters of the Jordan
watershed. Limits are enforceable and may be expressed as "delivered limit" or as the equivalent
"discharge limit."
(d) "MGD" means million gallons per day.
(e) "Permitted flow" means the maximum monthly average flow authorized in a facility's NPDES
permit as of December 31, 2001, with the following exceptions:

NPDES Permitted
Facility Owner Facility Name Permit Flow (MGD)

B. E. Jordan & Son, LLC B. E. Jordan & Son WWTP NC0042528 0.036
Durham County Triangle WWTP NC0026051 12.0
Fearrington Utilities, Inc. Fearrington Village WWTP NC0043559 0.5
Greensboro, City of T.Z. Osborne WWTP NC0047384 40.0
Mervyn R. King Countryside Manor WWTP NC0073571 0.03
OWASA Mason Farm WWTP NC0025241 14.5
Pittsboro, Town of Pittsboro WWTP NC0020354 2.25
Quarterstone Farm Assoc. Quarterstone Farm WWTP NC0066966 0.2
Aqua North Carolina, Inc. Chatham WRF NC0056413 0.35

(f) "Reserve" allocation means allocation that is held by a permittee or other person but which has
not been applied toward and is not expressed as a nutrient limit in an individual NPDES permit.
Allocation that has been applied and expressed in this way is "active" allocation.
(4) This Item provides for the initial division of nutrient wasteload allocations among point source dischargers
under this strategy.
(a) The delivered wasteload allocations of nitrogen and phosphorus assigned to point source
dischargers collectively in each of the Jordan subwatersheds, as set out in 15A NCAC 02B
.0262(4), shall be divided as follows:

Subwatershed and Delivered Allocations (lb/yr)
Discharger Subcategories Total Nitrogen Total Phosphorus

Upper New Hope Arm
Permitted flows ≥ 0.1 MGD 332,466 22,498
Permitted flows < 0.1 MGD 3,613 608
Lower New Hope Arm
Permitted flows ≥ 0.1 MGD 6,836 498
Permitted flows < 0.1 MGD 0 0
Haw River Arm
Permitted flows ≥ 0.1 MGD 881,757 104,004
Permitted flows < 0.1 MGD 13,370 1,996

(b) The nutrient allocations in Sub-Item (a) of this Item shall be apportioned among the existing
dischargers in each subcategory in proportion to the dischargers' permitted flows and the resulting
delivered nutrient allocations assigned to each individual discharger.
(5) This Item describes allowable changes in nutrient allocations.
(a) The aggregate and individual nutrient allocations available to point source dischargers in the
Jordan watershed are subject to change:
(i) Whenever the Commission, through rulemaking, revises the wasteload allocations in
15A NCAC 02B .0262 in order to ensure the protection of water quality in the reservoir
and its tributaries or to conform with applicable state or federal requirements;
(ii) Whenever one or more point source dischargers acquires any portion of the nonpoint
load allocations under the provisions in this Rule, and 15A NCAC 02B .0273, Options
for Offsetting Nutrient Loads;
(iii) As the result of allocation transfers between point sources or between point and nonpoint
sources, except that nutrient allocation can be transferred and applied only within its
assigned subwatershed; or
(iv) Any allocation is valid only in the subwatershed for which it is first established.
(b) In the event that the Commission changes any nutrient wasteload allocation specified in 15A
NCAC 02B .0262 or Item (4) of this Rule, the Commission shall also re-evaluate the
apportionment among the dischargers and shall revise the individual allocations as necessary.
(6) This Item identifies nutrient control requirements specific to existing discharges.
(a) Any existing discharger with a permitted flow of 0.1 MGD or greater shall continue to limit its
total phosphorus discharge to its active individual discharge allocation initially applied as of
calendar year 2010 as defined or modified pursuant to this Rule.
(b) Each existing discharger with a permitted flow greater than or equal to 0.1 MGD, having
evaluated its treatment facilities and operations, identified further opportunities to improve and
optimize nitrogen reduction in the existing facilities, and submitted a report to the Division in
2010 proposing optimization measures, shall, upon Division acceptance of the report, implement
the measures as provided in the acceptance, and shall continue to implement such measures until
treatment system improvements undertaken to comply with this Rule's nitrogen limits are
completed and operational. Beginning in 2015 and continuing until one year after the
improvements are operational, each such discharger shall submit a progress report to the Division
by March 1 of each year documenting the status of the proposed measures and the nitrogen
reductions achieved at the facility in the previous calendar year.
(c) No later than the calendar year 2016, each existing discharger with a permitted flow greater than
or equal to 0.1 MGD shall limit its total nitrogen discharge to its active individual discharge
allocation as defined or modified pursuant to this Rule, except that if by December 31, 2016, the
discharger has received an authorization pursuant to G.S. 143-215.1 for construction, installation,
or alteration of its treatment works for purposes of complying with its total nitrogen limit, at
which point the limit shall become effective no later than calendar year 2018.
(7) This Item identifies nutrient control requirements specific to new discharges.
(a) Any person proposing a new wastewater discharge to surface waters shall meet the following
requirements prior to applying for an NPDES permit:
(i) Evaluate all practical alternatives to said discharge, pursuant to 15A NCAC 02H
.0105(c)(2);
(ii) If the results of the evaluation support a new discharge, acquire sufficient nitrogen and
phosphorus allocations for the discharge. The proponent may obtain allocation for the
proposed discharge from existing dischargers pursuant to the applicable requirements of
Item (9) of this Rule or employ measures to offset the increased nutrient loads resulting
from the proposed discharge. The proponent may fund offset measures by making
payment to the NC Ecosystem Enhancement Program or private sellers of reduction
credit, or may implement other offset measures contingent upon approval by the
Division as meeting the requirements of rule 15A NCAC 02B .0273 and 15A NCAC
02B .0240. The offsets shall be of an amount equivalent to the allocations required for a
period of 30 years. Payment for each 30-year portion of the nonpoint source load
allocation shall be made prior to the ensuing permit issuance;
(iii) Determine whether the proposed discharge of nutrients will cause local water quality
impacts; and
(iv) Provide documentation with its NPDES permit application demonstrating that the
requirements of Sub-Items (i) through (iii) of this Sub-Item have been met.
(b) The nutrient discharge allocations and offsets for a new facility shall not exceed the mass loads
equivalent to a concentration of 3.0 mg/L nitrogen or 0.18 mg/L phosphorus at the permitted flow
in the discharger's NPDES permit.
(c) Upon the effective date of its NPDES permit, a new discharger shall be subject to nitrogen and
phosphorus limits not to exceed its active individual discharge allocations.
(8) This Item identifies nutrient control requirements specific to expanding discharges.
(a) Any person proposing to expand an existing wastewater discharge to surface waters beyond its
permitted flow as defined in this Rule shall meet the following requirements prior to applying for
an NPDES permit:
(i) Evaluate all practical alternatives to said discharge, pursuant to 15A NCAC 02H
.0105(c)(2);
(ii) If the results of the evaluation support an expanded discharge, acquire sufficient nitrogen
and phosphorus allocations for the discharge. The proponent may obtain allocation for
the proposed discharge from existing dischargers pursuant to the applicable requirements
of Item (9) of this Rule or employ measures to offset the increased nutrient loads
resulting from the proposed discharge. The proponent may fund offset measures by
making payment to the NC Ecosystem Enhancement Program contingent upon
acceptance of payments by that Program or implement other offset measures contingent
upon approval by the Division, either of which shall meet the requirements of rule 15A
NCAC 02B .0273. The offsets shall be of an amount equivalent to the allocations
required for a period of 30 years. Payment for each 30-year portion of the nonpoint
source load allocation shall be made prior to the ensuing permit issuance;
(iii) Determine whether the proposed discharge of nutrients will cause local water quality
impact; and
(iv) Provide documentation with its NPDES permit application demonstrating that the
requirements of Sub-Items (i) through (iii) of this Sub-Item have been met.
(b) The nutrient discharge limits for an expanding facility shall not exceed the greater of its nutrient
allocations or the mass value equivalent to a concentration of 3.0 mg/L nitrogen or 0.18 mg/L
phosphorus at the permitted flow in the discharger's NPDES permit; except that this provision
shall not result in an allocation or limit that is less than originally assigned to the discharger under
this Rule.
(c) Upon expansion or upon notification by the Director that it is necessary to protect water quality,
any discharger with a permitted flow of less than 0.1 MGD, as defined under this Rule, shall
become subject to total nitrogen and total phosphorus permit limits not to exceed its active
individual discharge allocations.
(9) This Item describes additional requirements regarding nutrient discharge limits for wastewater facilities:
(a) Annual mass nutrient limits shall be established as calendar-year limits.
(b) Any point source discharger holding nutrient allocations under this Rule may by mutual
agreement transfer all or part of its allocations to any new, existing, or expanding dischargers in
the same Jordan subwatershed or to other person(s), subject to the provisions of the Jordan
nutrient strategy.
(c) For NPDES compliance purposes, the enforceable nutrient limits for an individual facility or for a
compliance association described in Item (10) shall be the effective limits in the governing permit,
regardless of the allocation held by the discharger or association.
(d) The Director may establish more stringent nitrogen or phosphorus discharge limits for any
discharger upon finding that such limits are necessary to prevent the discharge from causing
adverse water quality impacts on surface waters other than an arm of Jordan Reservoir as defined
in Rule .0262(4) of this strategy. The Director shall establish such limits through modification of
the discharger's NPDES permit in accordance with applicable rules and regulations. When the
Director does so, the discharger retains its nutrient allocations, and the non-active portion of the
discharger's allocation becomes reserve allocation. The allocation remains in reserve until the
director determines that less stringent limits are allowable or until the allocation is applied to
another discharge not subject to such water quality-based limits.
(e) In order for any transfer of allocation to become effective as a discharge limit in an individual
NPDES permit, the discharger must request and obtain modification of the permit. Such request
shall:
(i) Describe the purpose and nature of the modification;
(ii) Describe the nature of the transfer agreement, the amount of allocation transferred, and
the dischargers or persons involved;
(iii) Provide copies of the transaction agreements with original signatures consistent with
NPDES signatory requirements; and
(iv) Demonstrate to the Director's satisfaction that the increased nutrient discharge will not
violate water quality standards in localized areas.
(f) Changes in a discharger's nutrient limits shall become effective upon modification of its individual
permit but no sooner than January 1 of the year following modification. If the modified permit is
issued after January 1, the Director may make the limit effective on that January 1 provided that
the discharger made acceptable application in a timely manner.
(g) Regional Facilities. In the event that an existing discharger or group of dischargers accepts
wastewater from another NPDES-permitted treatment facility in the same Jordan subwatershed
and that acceptance results in the elimination of the discharge from the other treatment facility, the
eliminated facility's delivered nutrient allocations shall be transferred and added to the accepting
discharger's delivered allocations.
(10) This Item describes the option for dischargers to join a group compliance association to collectively meet
nutrient control requirements.
(a) Any or all facilities within the same Jordan subwatershed may form a group compliance
association to meet delivered nutrient allocations collectively. More than one group compliance
association may be established in any subwatershed. No facility may belong to more than one
association at a time.
(b) Any such association must apply for and shall be subject to an NPDES permit that establishes the
effective nutrient limits for the association and for its members.
(c) No later than 180 days prior to the proposed date of a new association's operation or expiration of
an existing association's NPDES permit, the association and its members shall submit an
application for a NPDES permit for the discharge of nutrients to surface waters of the Jordan
watershed. The association's NPDES permit shall be issued to the association and its members. It
shall specify the delivered nutrient limits for the association and for each of its co-permittee
members. Association members shall be deemed in compliance with the permit limits for nitrogen
and phosphorus contained in their individually issued NPDES permits so long as they remain
members in an association.
(d) An association's delivered nitrogen and phosphorus limits shall be the sum of its members'
individual active delivered allocations for each nutrient plus any other active allocation obtained
by the association or its members.
(e) The individual delivered allocations for each member in the association permit shall initially be
equivalent to the discharge limits in effect in the member's NPDES permit. Thereafter, changes in
individual allocations or limits must be incorporated into the members' individual permits before
they are included in the association permit.
(f) An association and its members may reapportion the individual delivered allocations of its
members on an annual basis. Changes in individual allocations or limits must be incorporated into
the members' individual permits before they are included in the association permit.
(g) Changes in nutrient limits shall become effective no sooner than January 1 of the year following
permit modification. If the modified permit is issued after January 1, the Director may make the
limit effective on that January 1 provided that the discharger made acceptable application in a
timely manner.
(h) Beginning with the first full calendar year that the nitrogen or phosphorus limits are effective, an
association that does not meet its permit limit for nitrogen or phosphorus for a calendar year shall,
no later than May 1 of the year following the exceedance, make an offset payment to the NC
Ecosystem Enhancement Program or to private sellers of nutrient offset credit, or by
implementing other load offsetting measures contingent upon approval by the Division as meeting
the requirements of rule 15A NCAC 02B .0273 and 15A NCAC 02B .0240.
(i) Association members shall be deemed in compliance with their individual delivered limits in the
association NPDES permit for any calendar year in which the association is in compliance with its
delivered limit. If the association fails to meet its delivered limit, the association and the members
that have failed to meet their individual delivered nutrient limits in the association NPDES permit
will be out of compliance with the association NPDES permit.

History Note: Authority G.S. 143-214.1; 143-214.5; 143-215; 143-215.1; 143-215.3(a)(1); 143-215B; 143B-282(c);
143B-282(d); S.L. 1995, c. 572; S.L. 2005-190; S.L. 2006-259; S.L. 2009-216; S.L. 2011-394; S.L. 2012-
187;
Eff. August 11, 2009;
See S.L. 2013-395;
Amended Eff. July 7, 2014.

15A NCAC 02B .0271 JORDAN WATER SUPPLY NUTRIENT STRATEGY: STORMWATER
REQUIREMENTS FOR STATE AND FEDERAL ENTITIES
(See S.L. 2013-395)
The following is the stormwater strategy for the activities of state and federal entities within the Jordan watershed, as prefaced
in Rule 02B .0262.
(1) PURPOSE. The purposes of this Rule are as follows.
(a) To accomplish the following on lands under state and federal control:
(i) Achieve and maintain, on new non-road development lands, the nonpoint source
nitrogen and phosphorus percentage reduction goals established for Jordan Reservoir in
15A NCAC 02B .0262 relative to the baseline period defined in that Rule;
(ii) Provide the highest practicable level of treatment on new road development; and
(iii) On existing state-maintained roadways and facilities, and existing developed lands
controlled by other state and federal entities in the Jordan watershed, achieve and
maintain the nonpoint source nitrogen and phosphorus percentage reduction goals
established for Jordan Reservoir in 15A NCAC 02B .0262 relative to the baseline period
defined in that Rule.
(b) To ensure that the integrity and nutrient processing functions of receiving waters and associated
riparian buffers are not compromised by erosive flows from state-maintained roadways and
facilities and from lands controlled by other state and federal entities in the Jordan watershed; and
(c) To protect the water supply uses of Jordan Reservoir and of designated water supplies throughout
the Jordan watershed.
(2) APPLICABILITY. This Rule shall apply to all existing and new development, both as defined in 15A
NCAC 02B .0263, that lies within or partially within the Jordan watershed under the control of the NC
Department of Transportation (NCDOT), including roadways and facilities, and to all lands controlled by
other state and federal entities in the Jordan watershed.
(3) EXISTING DEVELOPMENT ADAPTIVE IMPLEMENTATION. The Division of Water Quality shall
review monitoring required in Item (4) of 15A NCAC 02B .0266 to decide whether to implement a
program to control nutrient loading from existing development to achieve nutrient-related water quality
standards in Jordan Lake. The Division shall use the following conditions to identify state and federal
entities that need to develop and implement a program to control nutrient loadings:
(a) If the March 2014 monitoring report or any subsequent monitoring report for the Upper New
Hope Creek Arm of Jordan Reservoir required under Item (4) of 15A NCAC 02B .0266 shows
that nutrient-related water quality standards are not being achieved, state and federal entities in the
subwatershed of that arm of Jordan Reservoir shall develop and implement a program to control
nutrient loading from existing development within the subwatershed, as provided in this Rule;
(b) If the March 2017 monitoring report or any subsequent monitoring report for the Haw River Arm
or the Lower New Hope Creek Arm of Jordan Reservoir required under Item (4) of 15A NCAC
02B .0266 shows that nutrient-related water quality standards are not being achieved, state and
federal entities in the subwatershed of that arm of Jordan Reservoir shall develop and implement a
program to control nutrient loading from existing development within the subwatershed, as
provided in this Rule;
(c) The Division shall defer development and implementation of a program to control nutrient
loading from existing development required in a subwatershed by this Sub-Item if it determines
that additional reductions in nutrient loading from existing development in that subwatershed will
not be necessary to achieve nutrient-related water quality standards. In making this determination,
the Division shall consider the anticipated effect of measures implemented or scheduled to be
implemented to reduce nutrient loading from sources in the subwatershed other than existing
development. If any subsequent monitoring report for an arm of Jordan Reservoir required under
Item (4) of 15A NCAC 02B .0266 shows that nutrient-related water quality standards have not
been achieved, the Division shall notify each state and federal entity in the subwatershed of that
arm of Jordan Reservoir, and each entity shall develop and implement a program to control
nutrient loading from existing development as provided in this Rule; and
(d) ADDITIONAL MEASURES TO REDUCE NITROGEN LOADING IN THE UPPER NEW
HOPE CREEK SUBWATERSHED. If the March 1, 2023, monitoring report or any subsequent
monitoring report for the Upper New Hope Creek Arm of Jordan Reservoir shows that nutrient-
related water quality standards are not being achieved, state and federal entities located in whole
or in part in the Upper New Hope Creek Subwatershed shall modify their programs to control
nutrient loading from existing roadway and nonroadway development to achieve additional
reductions in nitrogen loadings. The modified program shall be designed to achieve a total
reduction in nitrogen loading from existing development of 35 percent relative to the baseline
period 1997 through 2001 in that arm of Jordan Reservoir. Subject state and federal entities shall
develop and implement a program to control nutrient loading from existing development within
the subwatershed, as provided in this Rule.
(4) EXISTING DEVELOPMENT NOTIFICATION REQUIREMENTS. Based on findings under Item (3) of
this Rule, the Division shall notify the state and federal entities in each subwatershed that either:
(a) Implementation of a program to control nutrient loading from existing development, or additional
measures under an existing program, will be necessary to achieve water quality standards in an
arm of the reservoir and direct the state and federal entities in the subwatershed to develop or
modify a load reduction program in compliance with this Rule; or
(b) Implementation of a program to control nutrient loading from existing development is not
necessary at that time but will be reevaluated in three years based on the most recent water quality
monitoring information.
(5) NON-NCDOT REQUIREMENTS. With the exception of the NCDOT, all state and federal entities that
control lands within the Jordan watershed shall meet the following requirements:
(a) For any new development proposed within their jurisdictions that would disturb one-half acre or
more, non-NCDOT state and federal entities shall continue to develop stormwater management
plans for submission to and approval by the Division. These stormwater plans shall not be
approved by the Division unless the following criteria are met:
(i) The nitrogen and phosphorus loads contributed by the proposed new development
activity in a given subwatershed shall not exceed the unit-area mass loading rates
applicable to that subwatershed as follows for nitrogen and phosphorus, respectively,
expressed in units of pounds per acre per year: 2.2 and 0.82 in the Upper New Hope; 4.4
and 0.78 in the Lower New Hope; and 3.8 and 1.43 in the Haw. The developer shall
determine the need for engineered stormwater controls to meet these loading rate targets
by using the loading calculation method called for in Item (10) of this Rule or other
equivalent method acceptable to the Division;
(ii) Proposed new development subject to NPDES, water supply, and other state-mandated
stormwater regulations shall comply with those regulations in addition to the other
requirements of this Sub-Item. Proposed new development in any water supply
watershed in the Jordan watershed designated WS-II, WS-III, or WS-IV shall comply
with the density-based restrictions, obligations, and requirements for engineered
stormwater controls, clustering options, and 10/70 provisions described in Sub-Items
(3)(b)(i) and (3)(b)(ii) of the applicable Rule among 15A NCAC 02B .0214 through
.0216;
(iii) Stormwater systems shall be designed to control and treat the runoff generated from all
surfaces by one inch of rainfall. The treatment volume shall be drawn down pursuant to
guidance specific to each practice as provided in the most recent version of the
Stormwater Best Management Practices Manual published by the Division, or other
technically at least equivalent guidance acceptable to the Division. To ensure that the
integrity and nutrient processing functions of receiving waters and associated riparian
buffers are not compromised by erosive flows, stormwater flows from the development
shall not contribute to degradation of waters of the State. At a minimum, the
development shall not result in a net increase in peak flow leaving the site from pre-
development conditions for the one-year, 24-hour storm event;
(iv) Proposed new development that would replace or expand structures or improvements
that existed as of December 2001, the end of the baseline period, and which would not
result in a net increase in built-upon area shall not be required to meet the nutrient
loading targets or high-density requirements except to the extent that it shall provide
stormwater control at least equal to the previous development. Proposed new
development that would replace or expand existing structures or improvements and
would result in a net increase in built-upon area shall have the option either to achieve at
least the percentage load reduction goals stated in 15A NCAC 02B .0262 as applied to
nitrogen and phosphorus loading from the previous development for the entire project
site, or to meet the loading rate targets described in Sub-Item (5)(a)(i) of this Rule;
(v) Proposed new development shall comply with the riparian buffer protection
requirements of 15A NCAC 02B .0267 and .0268;
(vi) The entity shall have the option of offsetting part of the nitrogen and phosphorus loads
by implementing or funding offsite management measures as follows: Before using
offsite offset options, a development shall meet any requirements for engineered
stormwater controls described in Sub-Item (5)(a)(iii) of this Rule, and shall attain a
maximum nitrogen loading rate on-site of four pounds per acre per year for single-
family, detached and duplex residential development and eight pounds per acre per year
for other development, including multi-family residential, commercial and industrial and
shall meet any requirements for engineered stormwater controls described in Sub-Item
(5)(a)(iii) of this Rule. An entity may make offset payments to the NC Ecosystem
Enhancement Program or to private sellers of reduction credit as meeting the applicable
requirements of 15A NCAC 02B .0240. An entity may propose other offset measures to
the Division, including providing its own offsite offset or utilizing a private seller. All
offset measures identified in this Sub-Item shall meet the requirements of 15A NCAC
02B .0273(2)-(4); and
(vii) The non-NCDOT state or federal entity shall include measures to ensure maintenance of
best management practices (BMPs) implemented as a result of the provisions in Sub-
Item (5)(a) of this Rule for the life of the development.
(b) For existing development, non-NCDOT state and federal entities receiving notice from the
Division of the requirement to develop and implement or modify a program to control nutrient
loading from existing development, as specified under Item (4) of this Rule, shall do so based on
the standards set out in this Sub-Item. Such entities shall submit these programs for approval by
the Division in accordance with the process identified in Item (7) of this Rule. A load reduction
program shall include the following elements and meet the associated criteria:
(i) The long-term objective of this program shall be for the entity to achieve the percentage
nutrient load reduction goals in Item (5) of 15A NCAC 02B .0262 relative to annual
mass loads, in pounds per year, representative of the baseline period defined in that Rule
and reaching Jordan Reservoir from existing developed lands within each subwatershed
under its control. Loads shall be calculated by applying the method called for in Item
(10) of this Rule or an equivalent or more accurate method acceptable to the Division, to
acreages of different types of existing developed lands as defined in this Sub-Item and in
Item (2) of this Rule. To provide entities spatial latitude to obtain reductions in different
locations, loads thus calculated shall be converted to delivered loads to Jordan Reservoir
using transport factors established in the Division document, Nitrogen and Phosphorus
Delivery from Small Watersheds to Jordan Lake, dated June 30, 2002. Subject entities
shall include estimates of, and plans for offsetting, nutrient load increases from lands
developed subsequent to the baseline period but prior to implementation of new
development programs. For these post-baseline developed lands, the new loading rate
shall be compared to the applicable loading rate target in Sub-Item (5)(a)(i) of this Rule
for the subwatershed and acres involved, and the difference shall constitute the load
reduction need. Should percentage reduction goals be adjusted pursuant to Item (8) of
15A NCAC 02B .0262, then the annual load goals established in this Sub-Item shall be
adjusted accordingly. Entities may seek to fund implementation of load-reducing
activities through grant sources such as the North Carolina Clean Water Act Section 319
Grant Program, or other funding programs for nonpoint sources;
(ii) The load reduction program shall include a plan and supporting technical analysis for
achieving half of each load reduction goal within 10 years of the applicable notification
date established under Item (4) of this Rule, and a plan and timeframes for achieving the
remaining half subject to modification based on technical analysis at 10 years after the
notification date established under Item (4) of this Rule. A load reduction program may
propose an alternative compliance timeframe provided it includes a technical analysis
that demonstrates the need for that timeframe. A program technical analysis shall
examine the feasibility of achieving stated goals and shall consider factors such as
magnitude of reduction need relative to area within a subwatershed, the potential for
utilizing the range of load-reducing activities listed in Sub-Item (5)(b)(iv) of this Rule,
and relative costs and efficiencies of each activity to the extent information is available.
The load reduction program shall propose implementation rates and timeframes for each
activity, and shall provide for proportionate annual progress toward meeting the
reduction goals as practicable, that is capable of being put into practice, done, or
accomplished;
(iii) The load reduction program shall identify specific load-reducing practices implemented
to date subsequent to the baseline period and for which it is seeking credit. It shall
estimate load reductions for these practices using methods provided for in Item (10) of
this Rule, and their anticipated duration;
(iv) The load reduction program shall identify the types of activities the entity intends to
implement and types of existing development affected, relative proportions or a
prioritization of practices, and the relative magnitude of reductions it expects to achieve
from each. An entity may credit any nitrogen or phosphorus load reductions in excess of
those required by other rules in this Chapter. The program shall identify the duration of
anticipated load reductions, and may seek activities that provide sustained, long-term
reductions. The load reduction program shall meet the requirements of 15A NCAC 02B
.0273. Potential load-reducing activities may include stormwater activities such as street
sweeping, improvement of existing ponds and stormwater structures, removal of existing
built-upon area, retrofitting of existing development with engineered best management
practices (BMPs), treatment of runoff in redevelopment projects, over-treatment of
runoff in new development projects, source control activities such as pet waste reduction
and fertilization reduction, alternative stormwater practices such as rain barrels, cisterns,
downspout disconnections, and stormwater capture and reuse, restoration of ecological
communities such as streams and riparian buffers, and wastewater activities such as
creation of surplus allocation through advanced treatment at wastewater facilities,
expansion of surplus allocation through regionalization, collection system
improvements, and removal of illegal discharges;
(v) The load reduction program shall identify anticipated funding mechanisms or sources
and discuss steps taken or planned to secure such funding;
(vi) An entity shall have the option of working with municipalities or counties within its
subwatershed to jointly meet the load targets from all existing development within their
combined jurisdictions. An entity may utilize private or third party sellers. All
reductions shall meet the requirements of 15A NCAC 02B .0273;
(vii) The entity shall include measures to provide for operation and maintenance of retrofitted
stormwater controls to ensure that they meet the load targets required in Sub-Item (5)(b)
of this Rule for the life of the development; and
(viii) An entity may choose to conduct monitoring of stream flows and runoff from catchments
to quantify disproportionately high loading rates relative to those used in the accounting
methods stipulated under Item (10) of this Rule, and to subsequently target load-
reducing activities to demonstrated high-loading source areas within such catchments for
proportionately greater load reduction credit. An entity may propose such actions in its
initial load reduction program submittal or at any time subsequent, and shall obtain
Division approval of the monitoring design. It shall also obtain Division approval of any
resulting load reduction benefits based on the standards set out in this Rule. An entity
that chooses such monitoring shall execute the monitoring, and provide the results to the
Division as part of its load reduction program submittal.
(6) NCDOT REQUIREMENTS. The NCDOT shall meet the following requirements on lands within the
Jordan Watershed:
(a) Implementation of its program for post-construction stormwater runoff control for new
development approved by the Commission in November 2012, including new and widening
NCDOT roads and facilities. The program established a process by which the Division reviews
and approves stormwater designs for new NCDOT development projects. The program delineates
the scope of vested projects that would be considered as existing development, and defines lower
thresholds of significance for activities considered new development. In addition, the following
criteria apply:
(i) For new and widening roads, compliance with the riparian buffer protection
requirements of Rules 15A NCAC 02B .0267 and .0268 which are expected to achieve a
30 percent nitrogen reduction efficiency in runoff treatment through either diffuse flow
into buffers or other practices, shall be deemed as compliant with the purposes of this
Rule;
(ii) New non-road development shall achieve and maintain the nitrogen and phosphorus
percentage load reduction goals established for each subwatershed in 15A NCAC 02B
.0262 relative to either area-weighted average loading rates of all developable lands as
of the baseline period defined in 15A NCAC 02B .0262, or to project-specific pre-
development loading rates. Values for area-weighted average loading rate targets for
nitrogen and phosphorus, respectively, in each subwatershed shall be the following,
expressed in units of pounds per acre per year: 2.2 and 0.82 in the Upper New Hope; 4.4
and 0.78 in the Lower New Hope; and 3.8 and 1.43 in the Haw. The NCDOT shall
determine the need for engineered stormwater controls to meet these loading rate targets
by using the loading calculation method called for in Item (10) of this Rule or other
equivalent method acceptable to the Division. Where stormwater treatment systems are
needed to meet these targets, they shall be designed to control and treat the runoff
generated from all surfaces by one inch of rainfall. Such systems shall be assumed to
achieve the nutrient removal efficiencies identified in the most recent version of the
Stormwater Best Management Practices Manual published by the Division provided
that they meet associated drawdown and other design specifications included in the same
document. The NCDOT may propose to the Division nutrient removal rates for
practices currently included in the BMP Toolbox required under its NPDES stormwater
permit, or may propose revisions to those practices or additional practices with
associated nutrient removal rates. The NCDOT may use any such practices approved by
the Division to meet loading rate targets identified in this Sub-Item. New non-road
development shall also control runoff flows to meet the purpose of this Rule regarding
protection of the nutrient functions and integrity of receiving waters;
(iii) For new non-road development, the NCDOT shall have the option of partially offsetting
its nitrogen and phosphorus loads by implementing or funding offsite management
measures. These offsite offsetting measures shall achieve at least equivalent reductions
in nitrogen and phosphorus load to the remaining reduction needed onsite to comply
with Sub-Item (6)(a)(ii) of this Rule. Before using offsite offset options, a development
shall attain a maximum nitrogen loading rate of 8 pounds per acre per year. The
NCDOT may make offset payments to the NC Ecosystem Enhancement Program
contingent upon acceptance of payments by that Program. The NCDOT may propose
other offset measures to the Division. All offset measures identified in this Sub-Item
shall meet the requirements of 15A NCAC 02B .0273; and
(iv) New development shall continue compliance, required as of August 11, 2009, with the
riparian buffer protection requirements of 15A NCAC 02B .0267 and .0268 through a
Division approval process.
(b) NCDOT EXISTING DEVELOPMENT LOAD REDUCTION GOALS. For NCDOT existing
roadway and non-roadway development, a load reduction goal shall be designed to achieve,
relative to the baseline period 1997 through 2001, an eight percent reduction in nitrogen loading
and a five percent reduction in phosphorus loading reaching Jordan Reservoir in the Upper New
Hope and Haw subwatersheds. The load reduction goal for the Lower New Hope arm shall be
designed to maintain no increases in nitrogen and phosphorus loads from existing roadway and
nonroadway development relative to the baseline period 1997 through 2001. Load reduction
goals for each subwatershed shall be calculated as follows:
(i) For existing NCDOT roadways and industrial facilities, baseline loads shall be
established using stormwater runoff nutrient load characterization data collected through
the National Pollutant Discharge Elimination System (NPDES) Research Program under
NCS0000250 Permit Part II Section G;
(ii) For other NCDOT nonroadway development, baseline loads shall be established by
applying the Tar-Pamlico Nutrient Export Calculation Worksheet, Piedmont Version,
dated October 2004, to acreages of nonroadway development under the control of
NCDOT during the baseline period. The baseline load for other nonroadway
development may also be calculated using an equivalent or more accurate method
acceptable to the Division and recommended by the Scientific Advisory Board
established under Session Law 2009-216; and
(iii) The existing development load reduction goal shall be adjusted to account for nutrient
loading increases from existing roadway and nonroadway development subsequent to the
baseline period but prior to implementation of new development stormwater programs
pursuant to Sub-Item (6)(a) of this Rule.
(c) If notified by the Division of the requirement to develop and implement, or modify a program to
control nutrient loading from existing development as specified under Item (4) of this Rule, the
NCDOT shall do so based on the standards set out in this sub-item. The NCDOT shall submit
such programs to the Division for approval according to the processes identified in Item (8) of this
Rule. Such program shall achieve the nutrient load reduction goals in Sub-Item (6)(b) of this rule
and address both roadway and nonroadway development. Such program shall include the
following elements:
(i) Identification of the NCDOT stormwater outfalls from Interstate, US, and NC primary
routes;
(ii) Identification and elimination of illegal discharges into the NCDOT's stormwater
conveyance system; and
(iii) Initiation of a "Nutrient Management Education Program" for NCDOT staff and
contractors engaged in the application of fertilizers on highway rights of way. The
purpose of this program shall be to contribute to the load reduction goals established in
15A NCAC 02B .0262 through proper application of nutrients, both inorganic fertilizer
and organic nutrients, to highway rights of way in the Jordan watershed in keeping with
the most current state-recognized technical guidance on proper nutrient management.
(d) If notified by the Division of the requirement to develop and implement, or modify a program to
control nutrient loading from existing development as specified under Item (4) of this Rule, the
NCDOT shall achieve the nutrient load reduction goals under Sub-Item (6)(b) of this Rule by
development of a load reduction program that addresses both roadway and nonroadway
development in each subwatershed of the Jordan Reservoir. Such program may include, but not
be limited to, the following load-reducing measures:
(i) street sweeping;
(ii) source control activities such as pet waste reduction and fertilizer management at
NCDOT facilities;
(iii) improvement of existing stormwater structures;
(iv) alternative stormwater practices such as use of rain barrels and cisterns;
(v) stormwater capture and reuse; and
(vi) purchase of nutrient reduction credits.
(e) The NCDOT may meet minimum implementation rate and schedule requirements of its program
by implementing a combination of three stormwater retrofits per year for existing roadway
development in the Jordan Lake watershed and other load-reducing measures identified in its
program developed pursuant to this Rule and approved by the Commission.
(7) NON-NCDOT RULE IMPLEMENTATION. For all state and federal entities that control lands within the
Jordan watershed with the exception of the NCDOT, this Rule shall be implemented as follows:
(a) As of July 2012, the date of Commission approval for the nutrient accounting methods, entities
shall comply with the requirements of Sub-Item (5)(a) of this Rule for any new development
proposed within their jurisdictions;
(b) Within six months after receiving notice to develop and implement, or modify a program to
control nutrient loading from existing development as specified in Sub Item (4)(a) of this Rule,
subject entities shall submit load reduction programs to the Division for preliminary approval
according to the standards set out in Sub-Item (5)(b) of this Rule;
(c) Within six months following submission of the subject entity's program to control nutrient loading
from existing development, the Division shall request the Commission's approval of entities' load
reduction programs. The Commission shall either approve the programs or require changes.
Should the Commission require changes, the Division shall seek Commission approval at the
earliest feasible date subsequent to the original request;
(d) Within two months following Commission approval of a load reduction program, entities shall
begin to implement load reduction programs;
(e) Upon implementation of the requirements of Item (5) of this Rule, subject entities shall provide
annual reports to the Division documenting their progress in implementing those requirements;
and
(f) If the 2023 monitoring report or subsequent monitoring reports for the Upper New Hope Arm of
Jordan Reservoir shows that nutrient-related water quality standards are not being achieved, the
Division shall notify the subject entities of the need for additional measures to reduce nitrogen
loading in the subwatershed. The subject entities shall then submit a modified program to achieve
the nutrient reductions specified in Sub-Item (3)(d) of this Rule. Submission, review and
approval, and implementation of a modified program shall follow the process, timeline, and
standards set out in Sub-Items (7)(b) through (7)(d) of this Rule.
(8) NCDOT RULE IMPLEMENTATION. For the NCDOT, this Rule shall be implemented as follows:
(a) NCDOT shall continue to implement the Stormwater Management Program for New
Development approved by the Commission in November 2012, and implemented as of January
2013 or subsequent revisions to their program approved by the Commission or its delegated
authority. This program shall continue to meet or exceed the requirements in Sub-Items (6)(a) of
this Rule;
(b) Existing development requirements shall be implemented as follows:
(i) Within six months after receiving notice to develop and implement, or modify a program
to control nutrient loading from existing development as specified in Item (4)(a) of this
Rule, the NCDOT shall submit the Existing Development Program for the Jordan
watershed to the Division for approval. This Program shall meet or exceed the
requirements in Sub-Items (6)(c) through (6)(e) of this Rule;
(ii) Within six months following submission of the NCDOT's program to control nutrient
loading from existing development, the Division shall request the Commission's
approval of the NCDOT Existing Development Program. If the Commission disapproves
the program, the NCDOT shall submit a modified program within two months. The
Division shall recommend that the Commission approve or disapprove the modified
program within three months after receiving the NCDOT's modified program;
(iii) Within two months after the Commission's approval of a program to control nutrient
loading from existing development, the NCDOT shall implement their approved
program; and
(iv) If the 2023 monitoring report or subsequent monitoring reports for the Upper New Hope
Arm of Jordan Reservoir shows that nutrient-related water quality standards are not
being achieved, the Division shall notify the NCDOT of the need for additional
measures to reduce nitrogen loading in the subwatershed. The NCDOT shall then
submit a modified program to achieve the nutrient reductions specified in Sub-Item
(3)(d) of this Rule. Submission, review and approval, and implementation of a modified
program shall follow the process and timeline set out in Sub-Items (8)(b)(i) through
(8)(b)(iii) of this Rule.
(c) Upon implementation, the NCDOT shall submit annual reports to the Division summarizing its
activities in implementing each of the requirements in Sub-Items (6)(c) through (6)(e) of this
Rule. This annual reporting may be incorporated into annual reporting required under NCDOT's
NPDES stormwater permit.
(9) RELATIONSHIP TO OTHER REQUIREMENTS. A party may in its program submittal under Item (7) or
(8) of this Rule request that the Division accept its implementation of another stormwater program or
programs, such as NPDES stormwater requirements, as satisfying one or more of the requirements set forth
in Item (5) or (6) of this Rule. The Division shall provide determination on acceptability of any such
alternatives prior to requesting Commission approval of programs as required in Items (7) and (8) of this
Rule. The party shall include in its program submittal technical information demonstrating the adequacy of
the alternative requirements.
(10) ACCOUNTING METHODS. Non-NCDOT entities shall continue to utilize the Jordan/Falls Lake
Stormwater Load Accounting Tool approved by the Commission in July 2012 for all applicable load
reduction estimation activities or equivalent, more source-specific or more accurate methods acceptable to
the Division. Except as for the establishment of baseline loads as specified under Item (6)(b) of this Rule,
NCDOT shall utilize the NCDOT-Jordan/Falls Lake Stormwater Load Accounting Tool approved by the
Commission in July 2012 for all applicable load estimation activities or equivalent, more source-specific,
or more accurate methods acceptable to the Division. The Division shall periodically revisit these
accounting methods to determine the need for revisions to both the methods and to existing development
load reduction assignments made using the methods set out in this Rule. It shall do so no less frequently
than every 10 years. Its review shall include values subject to change over time independent of changes
resulting from implementation of this Rule, such as untreated export rates that may change with changes in
atmospheric deposition. It shall also review values subject to refinement, such as BMP nutrient removal
efficiencies.

History Note: Authority G S. 143-214.1; 143-214.5; 143-214.5(i); 143-214.7; 143-214.12; 143-214.21; 143-215.3(a)(1);
143-215.6A; 143-215.6B; 143-215.6C; 143 215.8B; 143B-282(c); 143B-282(d); S.L. 2005-190; S.L. 2006-
259; S.L. 2009-216, S.L. 2009-484;
Eff. August 11, 2009;
Amended Eff. September 1, 2011;
See S.L. 2013-395;
Amended Eff. July 7, 2014.

15A NCAC 02B .0272 JORDAN WATER SUPPLY NUTRIENT STRATEGY: FERTILIZER MANAGEMENT
The following is the management strategy for controlling land-applied nutrients in the Jordan watershed, as prefaced in Rule
.0262 of this Section.
(1) PURPOSE. The purpose of this Rule is to protect the water supply uses of Jordan Reservoir and of
designated water supplies throughout the Jordan watershed by managing the application of nutrients, both
inorganic fertilizer and organic nutrients, to lands in the Jordan watershed. The requirements of this Rule
are to be fully implemented within three years from the effective date as set out in Item (6) of this Rule.
(2) APPLICABILITY. This Rule shall apply to the application of nutrients on:
(a) Cropland areas in the Jordan watershed for commercial purposes;
(b) Commercial ornamental and floriculture areas and greenhouse production areas in the Jordan
watershed;
(c) Golf courses, public recreational lands, road or utility rights-of-way, or other commercial or
institutional lands where any such land, or combination of such lands, under common
management in the watershed totals at least five acres; and
(d) Any lands in the Jordan watershed where a hired applicator, as defined in 15A NCAC 02B
.0202(4), who does not own or lease the lands applies nutrients to a total of at least five acres per
year.
(3) REQUIREMENTS. Application of nutrients to lands subject to this Rule shall be in accordance with the
following requirements:
(a) Application shall be made either:
(i) By an applicator who has completed nutrient management training pursuant to Item (4)
of this Rule; or
(ii) Pursuant to a nutrient management plan that meets the requirements of Item (5) of this
Rule.
(b) With the exception of residential homeowners, a person who hires an applicator to apply nutrients
to the land that they own or manage in the Jordan watershed shall either:
(i) Ensure that the applicator they hire has attended and completed nutrient management
training pursuant to Item (4) of this Rule; or
(ii) Ensure that the applicator they hire follows a nutrient management plan that has been
developed for the land that they own or manage pursuant to Item (5) of this Rule.
(4) NUTRIENT MANAGEMENT TRAINING. To demonstrate compliance with this Rule through the
nutrient management training option, the applicator shall have a certificate indicating completion of
training provided by either the Cooperative Extension Service or the Division. Training certificates shall
be kept on-site or be produced within 24 hours of a request by the Division. Training shall be sufficient to
provide participants with an understanding of the value and importance of proper management of nitrogen
and phosphorus, and the water quality impacts of poor nutrient management, and the ability to understand
and properly carry out a nutrient management plan.
(5) NUTRIENT MANAGEMENT PLANS. Nutrient management plans developed to comply with this rule
shall meet the following requirements:
(a) Nutrient management plans for cropland, excluding those for application of Class A bulk, and
Class B wastewater residuals, regulated under 15A NCAC 02T .1100 and septage application
regulated under 15A NCAC 13B .0815 through .0829, shall meet the standards and specifications
adopted by the NC Soil and Water Conservation Commission, including those found in 15A
NCAC 06E .0104 and 15A NCAC 06H .0104, which are incorporated herein by reference,
including any subsequent amendments and editions to such rules that are in place at the time that
plans are approved by a technical specialist as required under Sub-Item (5)(e) of this Rule.
(b) Nutrient management plans for application of Class A bulk, and Class B, wastewater residuals
regulated under 15A NCAC 02T .1100 and septage application regulated under 15A NCAC 13B
.0815 through .0829 shall meet the standards and specifications adopted by the NC Soil and
Water Conservation Commission in 15A NCAC 06E .0104, including any subsequent
amendments and editions to such rule that are in place at the time that plans are approved by the
permitting agency. This compliance includes addressing the phosphorus requirements of US
Department of Agriculture Natural Resources Conservation Service Practice Standard 590
regarding Nutrient Management.
(c) Nutrient management plans for lands identified in Sub-Item (2)(c) of this Rule shall follow the
applicable guidance contained in the most recent version of North Carolina Cooperative
Extension Service publications "Water Quality and Professional Lawn Care" (NCCES publication
number WQWM-155), "Water Quality and Home Lawn Care" (NCCES publication number
WQWM-151), or "Water Quality for Golf Course Superintendents and Professional Turf
Managers" (NCCES publication number WQWM-156 Revised) as appropriate for the activity.
The above-referenced guidelines are hereby incorporated by reference including any subsequent
amendments and editions. Copies may be obtained from the Division of Water Quality, 512
North Salisbury Street, Raleigh, North Carolina 27604 at no cost. Nutrient management plans
may also follow other guidance distributed by land-grant universities for turfgrass management as
long as it is equivalent to or more stringent than the above-listed guidelines.
(d) Nutrient management plans for ornamental and floriculture production shall follow the Nutrient
Management section of the most recent version of the Southern Nursery Association guidelines
promulgated in "Best Management Practices – A BMP Guide For Producing Container and Field
Grown Plants". Copies may be obtained from the Southern Nursery Association, 1827 Powers
Ferry Road SE, Suite 4-100, Atlanta, GA 30339-8422 or from www.sna.org. The materials related
to nutrient management plans for ornamental and floriculture production are hereby incorporated
by reference including any subsequent amendments and editions. Copies are available for
inspection at the Department of Environment and Natural Resources Library, 512 North Salisbury
Street, Raleigh, North Carolina 27604. Nutrient management plans for ornamental and
floriculture production may also follow other guidance distributed by land-grant universities for
such production as long as it is equivalent or more stringent than the above-listed guidelines.
(e) The nutrient management plan shall be approved in writing by an appropriate technical specialist,
as defined in 15A NCAC 06H .0102(9), as follows:
(i) Nutrient management plans for cropland using either inorganic or organic nutrients,
except those using biosolids or septage, shall be approved by a technical specialist
designated pursuant to the process and criteria specified in rules adopted by the Soil and
Water Conservation Commission for nutrient management planning, including 15A
NCAC 06H .0104, excepting Sub-Item (a)(2) of that Rule.
(ii) Nutrient management plans for lands identified in Sub-Item (2)(c) of this Rule,
ornamental and floriculture production shall be approved by a technical specialist
designated by the Soil and Water Conservation Commission pursuant to the process and
criteria specified in 15A NCAC 06H .0104 excepting Sub-Item (a)(2) of that Rule. If the
Soil and Water Conservation Commission does not designate such technical specialists,
then the Environmental Management Commission shall do so using the same process
and criteria.
(f) Persons with approved waste utilization plans that are required under state or federal animal waste
regulations are deemed in compliance with this Rule as long as they are compliant with their
approved waste utilization plans.
(g) Nutrient management plans and supporting documents must be kept on-site or be produced within
24 hours of a request by the Division.
(6) COMPLIANCE. The following constitute the compliance requirements of this Rule:
(a) For proposed new application of Class A bulk, and Class B, wastewater residuals pursuant to
permits obtained under 15A NCAC 02T .1100 or its predecessor, and septage application
pursuant to permits obtained under 15A NCAC 13B .0815 through .0829, all applications for new
permits shall be made according to, and subsequent nutrient applications shall comply with, the
applicable requirements of this Rule as of its effective date.
(b) For existing, ongoing application of residuals and septage as defined in this Item, beginning one
year after the effective date of this Rule, all applications for renewal of existing permits shall be
made according to, and subsequent nutrient applications shall comply with, the applicable
requirements of this Rule.
(c) For all other application with the exception of the application of residuals and septage as defined
in this Item, the requirements of this Rule shall become effective three years after its effective date
and shall apply to all application of nutrients on lands subject to this Rule after that date.
(d) Persons who fail to comply with this Rule are subject to enforcement measures authorized in G.S.
143-215.6A (civil penalties), G.S. 143-215.6B (criminal penalties), and G.S. 143-215.6C
(injunctive relief).

History Note: Authority G. S. 143-214.1; 143-214.5; 143-214.7; 143-215.3(a)(1); 143-215.6A; 143-215.6B; 143-
215.6C; 143 215.8B; 143B-282(c); 143B-282(d); S.L. 2005-190; S.L. 2006-259;
Eff. August 11, 2009.

15A NCAC 02B .0273 JORDAN WATER SUPPLY NUTRIENT STRATEGY: OPTIONS FOR OFFSETTING
NUTRIENT LOADS
PURPOSE. This Rule provides parties subject to other rules within the Jordan nutrient strategy with options for meeting rule
requirements by obtaining or buying credit for activities conducted by others (sellers) that produce excess load reductions
relative to rule requirements. It provides the potential for parties who achieve excess load reductions to recover certain costs
by selling such credits, and it provides opportunity for private parties to produce reductions and sell credits for profit. Overall
it provides the potential for more cost-effective achievement of strategy reduction goals. Accounting is required to ensure and
track the availability and use of trading credits. This accounting will be compared against compliance accounting required
under other rules of the Jordan nutrient strategy. This Rule furthers the adaptive management intent of the strategy to protect
the water supply uses of Jordan Reservoir and of designated water supplies throughout the Jordan watershed. The minimum
requirements for these offset options are:
(1) PREREQUISITES. The following buyers shall meet applicable criteria identified here and in rules
imposing reduction requirements on them before utilizing the option outlined in this Rule:
(a) Agriculture Rule .0264: Agricultural producers shall receive approval from the Watershed
Oversight Committee to obtain offsite credit pursuant to the conditions of Sub-Item (5)(b);
(b) New Development Rule .0265: Developers shall meet onsite reduction requirements enumerated
in Sub-Item (3)(a)(vii) before obtaining offsite credit;
(c) Wastewater Rule .0270: New and expanding dischargers shall first make all reasonable efforts to
obtain allocation from existing dischargers as stated in Sub-Items (7)(a)(ii) and (8)(a)(ii),
respectively; and
(d) State and Federal Entities Stormwater Rule .0271:
(i) Non-DOT entities shall meet onsite new development reduction requirements
enumerated in Sub-Item (3)(a)(vi); and
(ii) NC DOT shall meet onsite non-road new development reduction requirements
enumerated in Sub-Item (4)(c)(iii) before obtaining offsite credit.
(2) The party seeking approval to sell excess loading reduction credits pursuant to this Rule shall demonstrate
to the Division that such reductions meet the following criteria:
(a) Loading reductions eligible for credit are only those in excess of load reduction goals or
percentage reductions required under rules in this Section or in excess of the percentage load
reduction goals established in Rule .0262 of this strategy as applied to sources not addressed by
rules in this section;
(b) Load reductions eligible for credit shall not include reductions achieved under other regulations to
mitigate or offset actions that increase nutrient loading;
(c) These excess loading reductions shall be available as credit only within the same subwatershed of
the Jordan watershed, as defined in Rule .0262 of this Section, as the reduction need that they
propose to offset;
(d) The party seeking to sell credits shall define the nature of the activities that would produce excess
reductions and define the magnitude and duration of those reductions to the Division, including
addressing the following items:
(i) Account for differences in instream nutrient losses between the location of the reduction
need and excess loading reduction in reaching the affected arm of Jordan Reservoir;
(ii) Quantify and account for the relative uncertainties in reduction need estimates and
excess loading reduction estimates;
(iii) Ensure that excess loading reductions shall take place at the time and for the duration in
which the reduction need occurs; and
(iv) Demonstrate means adequate for assuring the achievement and claimed duration of
excess loading reduction, including the cooperative involvement of any other involved
parties.
(3) The party seeking approval to sell excess loading reductions shall provide for accounting and tracking
methods that ensure genuine, accurate, and verifiable achievement of the purposes of this Rule. The
Division shall work cooperatively with interested parties at their request to develop such accounting and
tracking methods to support the requirements of Item (2) of this Rule.
(4) Proposals for use of offsetting actions as described in this Rule shall become effective after determination
by the Director that the proposal contains adequate scientific or engineering standards or procedures
necessary to achieve and account for load reductions as required under Sub-Items (2) and (3) of this Rule,
and that specific accounting tools required for these purposes in individual rules have been adequately
established. In making this determination, the Director shall also evaluate the potential for excess loading
to produce localized adverse water quality impacts that contribute to impairment of classified uses of the
affected waters.

History Note: Authority G S. 143-214.1; 143-214.5; 143-214.7; 143-215.3(a)(1); 143-215.6A; 143-215.6B; 143-215.6C;
143-214.12; 143-214.21; 143 215.8B; 143B-282(c); 143B-282(d); S.L. 1999; c. 329, s. 7.1; S.L. 2005-
190; S.L. 2006-259;
Eff. August 11, 2009.

15A NCAC 02B .0274 NUTRIENT OFFSET PAYMENT RATES FOR THE NC ECOSYSTEM
ENHANCEMENT PROGRAM

History Note: Authority G.S. 143-214.1; 143-214.20; 143-214.21; S.L. 1995, c. 572; S.L. 2006, c. 215; S.L. 2007, c. 438;
S.L. 2009, c. 337; S.L. 2009, c. 484; S.L. 2009, c. 486;
Eff. September 1, 2010;
Transferred to 15A NCAC 02R .0602 Eff. May 1, 2015.

15A NCAC 02B .0275 FALLS WATER SUPPLY NUTRIENT STRATEGY: PURPOSE AND SCOPE
PURPOSE. The purpose of this Rule and Rules 15A NCAC 02B .0276 through .0282 and .0315(q) shall be to attain the
classified uses of Falls of the Neuse Reservoir set out in 15A NCAC 02B .0211 from current impaired conditions related to
excess nutrient inputs; protect its classified uses as set out in 15A NCAC 02B .0216, including use as a source of water supply
for drinking water; and maintain and enhance protections currently implemented by local governments in existing water
supply watersheds encompassed by the watershed of Falls of the Neuse Reservoir. The reservoir, and all waters draining to it,
have been supplementally classified as Nutrient Sensitive waters (NSW) pursuant to 15A NCAC 02B .0101(e)(3) and 15A
NCAC 02B .0223. These Rules, as enumerated in Item (6) of this Rule, together shall constitute the Falls water supply
nutrient strategy, or Falls nutrient strategy, and shall be implemented in accordance with 15A NCAC 02B .0223. The
following items establish the framework of the Falls nutrient strategy:
(1) SCOPE AND LIMITATION. Falls of the Neuse Reservoir is hereafter referred to as Falls Reservoir. All
lands and waters draining to Falls Reservoir are hereafter referred to as the Falls watershed. The Falls
nutrient strategy rules require controls that reduce nitrogen and phosphorus loads from significant sources
of these nutrients throughout the Falls watershed. These Rules do not address atmospheric emission
sources of nitrogen that is deposited into the watershed but do include provisions to account for reductions
in such deposition as the water quality benefits of air quality regulations are quantified. Neither do these
Rules address sources on which there is insufficient scientific knowledge to base regulation, other sources
deemed adequately addressed by existing regulations, sources currently considered minor, or nutrient
contributions from lake sediments, which are considered outside the scope of these Rules. The
Commission may undertake additional rulemaking in the future or make recommendations to other
rulemaking bodies as deemed appropriate to more fully address nutrient sources to Falls Reservoir. While
the scope of these Rules is limited to the reduction of nutrient loads to surface waters, practitioners are
encouraged to maximize opportunities for concurrently benefiting other ecosystem services where feasible
in the course of achieving the nutrient objectives.
(2) CRITICAL WATER SUPPLY WATERSHED DESIGNATION. Water supply waters designated WS-II,
WS-III, and WS-IV within the Falls watershed shall retain their classifications. The remaining waters in
the Falls watershed shall be classified WS-V. The requirements of all of these water supply classifications
shall be retained and applied except as specifically noted elsewhere within the Falls nutrient strategy. In
addition, pursuant to G.S. 143-214.5(b), the entire Falls watershed shall be designated a critical water
supply watershed and through the Falls nutrient strategy given additional, more stringent requirements than
the state minimum water supply watershed management requirements. Water supply requirements of 15A
NCAC 02B .0104 apply except to the extent that requirements of the Falls nutrient strategy are more
stringent than provisions addressing agriculture, forestry, and existing development. These requirements
supplement the water quality standards applicable to Class C waters, as described in Rule .0211 of this
Section, which apply throughout the Falls watershed. Water supply watershed requirements shall be as
follows:
(a) For WS-II, WS-III, and WS-IV waters, the retained requirements of Rules 15A NCAC 02B .0214
through .0216 are characterized as follows:
(i) Item (1) addressing best usages;
(ii) Item (2) addressing predominant watershed development conditions, discharges
expressly allowed watershed-wide, general prohibitions on and allowances for domestic
and industrial discharges, Maximum Contaminant Levels following treatment, and the
local option to seek more protective classifications for portions of existing water supply
watersheds;
(iii) Sub-Item (3)(a) addressing wastewater discharge limitations;
(iv) Sub-Item (3)(b) addressing nonpoint source and stormwater controls; and
(v) Sub-Items (3)(c) through (3)(h) addressing aesthetic and human health standards.
(b) For waters classified WS-V, the requirements of water supply Rule 15A NCAC 02B .0218 shall
be applied.
(3) GOAL AND OBJECTIVES. To achieve the purpose of the Falls nutrient strategy, the Commission
establishes the goal of attaining and maintaining nutrient-related water quality standards identified in 15A
NCAC 02B .0211 throughout Falls Reservoir pursuant to G.S. 143-215.8B and 143B-282(c) and (d) of the
Clean Water Responsibility Act of 1997. The Commission establishes a staged and adaptive
implementation plan, outlined hereafter, to achieve the following objectives. The objective of Stage I is to,
at minimum, achieve and maintain nutrient-related water quality standards in the Lower Falls Reservoir as
soon as possible but no later than January 15, 2021 and to improve water quality in the Upper Falls
Reservoir.
The objective of Stage II is to achieve and maintain nutrient-related water quality standards throughout
Falls Reservoir. This is estimated to require a reduction of 40 and 77 percent in average annual mass loads
of nitrogen and phosphorus respectively, delivered from the sources named in Item (6) in the Upper Falls
Watershed from a baseline of 2006. The resulting Stage II allowable loads to Falls Reservoir from the
watersheds of Ellerbe Creek, Eno River, Little River, Flat River, and Knap of Reeds Creek shall be
658,000 pounds of nitrogen per year and 35,000 pounds of phosphorus per year.
(4) STAGED IMPLEMENTATION. The Commission shall employ the staged implementation plan set forth
below to achieve the goal of the Falls nutrient strategy:
(a) STAGE I. Stage I requires intermediate or currently achievable controls throughout the Falls
watershed with the objective of reducing nitrogen and phosphorus loading, and attaining nutrient-
related water quality standards in the Lower Falls Reservoir as soon as possible but no later than
January 15, 2021, while also improving water quality in the Upper Falls Reservoir as described in
this Item. Implementation timeframes are described in individual rules, with full implementation
occurring no later than January 15, 2021;
(b) STAGE II. Stage II requires implementation of additional controls in the Upper Falls Watershed
beginning no later than January 15, 2021 to achieve nutrient-related water quality standards
throughout Falls Reservoir by 2041 to the maximum extent technically and economically feasible,
with progress toward this overall objective as described in Sub-Item (5)(a); and
(c) MAINTENANCE OF ALLOCATIONS. Sources shall maintain the load reductions required
under these Rules beyond the implementation stages.
(5) ADAPTIVE IMPLEMENTATION. The Commission shall employ the following adaptive implementation
plan in concert with the staged implementation approach described in this Rule:
(a) The Division shall perform water quality monitoring throughout Falls Reservoir and shall accept
reservoir water quality monitoring data provided by other parties that meet Division standards and
quality assurance protocols. The Division shall utilize this data to estimate load reduction
achieved and to perform periodic use support assessments pursuant to 40 CFR 130.7(b). It shall
evaluate use support determinations to judge progress on and compliance with the goal of the
Falls nutrient strategy, including the following assessments:
(i) Attainment of nutrient-related water quality standards downstream of Highway NC-98
crossing of Falls Reservoir no later than January 15, 2016;
(ii) Attainment of nutrient-related water quality standards in the Lower Falls Reservoir no
later than January 15, 2021;
(iii) Attainment of nutrient-related water quality standards in the Lick Creek arm of Falls
Reservoir and points downstream no later than January 15, 2026;
(iv) Attainment of nutrient-related water quality standards in the Ledge and Little Lick Creek
arms of Falls Reservoir and points downstream no later than January 15, 2031;
(v) Attainment of nutrient-related water quality standards at points downstream of the
Interstate 85 crossing of Falls Reservoir no later than January 15, 2036;
(vi) Attainment of nutrient-related water quality standards throughout Falls Reservoir no
later than 2041;
(vii) Where the Division finds that acceptable progress has not been made towards achieving
nutrient-related water quality standards throughout Falls Reservoir defined in Sub-Items
(i) through (vi) of this Item or that conditions have deteriorated in a segment of Falls
Reservoir as described in this Item, at any time, it shall evaluate compliance with the
Falls nutrient strategy rules, and may request Commission approval to initiate additional
rulemaking;
(viii) Where the Division finds, based on reservoir monitoring, that nutrient-related water
quality standards are attained in a previously impaired segment of Falls Reservoir, as
described in this Item, and are met for sufficient time to demonstrate sustained
maintenance of standards, as specified in individual rules of this strategy, it shall notify
affected parties in that segment's watershed that further load reductions are not required
and of requirements for maintenance of measures to prevent loading increases. Sufficient
time is defined as at least two consecutive use support assessments demonstrating
compliance with nutrient-related water quality standards in a given segment of Falls
Reservoir.
(b) The Division, to address resulting uncertainties including those related to technological
advancement, scientific understanding, actions chosen by affected parties, loading effects, and
loading effects of other regulations, shall report to the Commission and provide information to the
public in January 2016 and every five years thereafter as necessary. The reports shall address all
of the following subjects:
(i) Changes in nutrient loading to Falls Reservoir and progress in attaining nutrient-related
water quality standards as described in Sub-Items (5)(a)(i) through (vi) of this Rule;
(ii) The state of wastewater and stormwater nitrogen and phosphorus control technology,
including technological and economic feasibility;
(iii) Use and projected use of wastewater reuse and land application opportunities;
(iv) The utilization and nature of nutrient offsets and projected changes. This shall include
an assessment of any load reduction value derived from preservation of existing forested
land cover;
(v) Results of any studies evaluating instream loading changes resulting from
implementation of rules;
(vi) Results of any studies evaluating nutrient loading from conventional septic systems and
discharging sand filter systems;
(vii) Assessment of the instream benefits of local programmatic management measures such
as fertilizer or pet waste ordinances, improved street sweeping and the extent to which
local governments have implemented these controls;
(viii) Results of applicable studies, monitoring, and modeling from which a baseline will be
established to address changes in atmospheric deposition of nitrogen;
(ix) Recent or anticipated changes in regulations affecting atmospheric nitrogen emissions
and their projected effect on nitrogen deposition;
(x) Results of any studies evaluating nutrient loading from groundwater;
(xi) Updates to nutrient loading accounting tools; and
(c) The Division shall submit a report to the Commission in July 2025 that shall address the following
subjects in addition to the content required elsewhere under this Item:
(i) The physical, chemical, and biological conditions of the Upper Falls Reservoir including
nutrient loading impacts;
(ii) Whether alternative regulatory action pursuant to Sub-Item (5)(g) would be sufficient to
protect existing uses as required under the Clean Water Act;
(iii) The impact of management of the Falls Reservoir on water quality in the Upper Falls
Reservoir;
(iv) The methodology used to establish compliance with nutrient-related water quality
standards in Falls Reservoir and the potential for using alternative methods;
(v) The feasibility of achieving the Stage II objective; and
(vi) The estimated costs and benefits of achieving the Stage II objective;
(d) The Division shall make recommendations, if any, on rule revisions based on the information
reported pursuant to Sub-Items (b) and (c) of this Rule;
(e) In developing the reports required under Sub-Items (b) and (c) of this Rule, the Division shall
consult with and consider information submitted by local governments and other persons with an
interest in Falls Reservoir. Following receipt of a report, the Commission shall consider whether
revisions to the requirements of Stage II are needed and may initiate rulemaking or any other
action allowed by law;
(f) Recognizing the uncertainty associated with model-based load reduction targets, to ensure that
allowable loads to Falls Reservoir remain appropriate as implementation proceeds, a person may
at any time during implementation of the Falls nutrient strategy develop and submit for
Commission approval supplemental nutrient response modeling of Falls Reservoir based on
additional data collected after a period of implementation. The Commission may consider
revisions to the requirements of Stage II based on the results of such modeling as follows:
(i) A person shall obtain Division review and approval of any monitoring study plan and
description of the modeling framework to be used prior to commencement of such a
study. The study plan and modeling framework shall meet any Division requirements
for data quality and model support or design in place at that time. Within 180 days of
receipt, the division shall either approve the plan and modeling framework or notify the
person seeking to perform the supplemental modeling of changes to the plan and
modeling framework required by the Division;
(ii) Supplemental modeling shall include a minimum of three years of lake water quality data
unless the person performing the modeling can provide information to the Division
demonstrating that a shorter time span is sufficient;
(iii) The Commission may accept modeling products and results that estimate a range of
combinations of nitrogen and phosphorus percentage load reductions needed to meet the
goal of the Falls nutrient strategy, along with associated allowable loads to Falls
Reservoir, from the watersheds of Ellerbe Creek, Eno River, Little River, Flat River, and
Knap of Reeds Creek and that otherwise comply with the requirements of this Item.
Such modeling may incorporate the results of studies that provide new data on various
nutrient sources such as atmospheric deposition, internal loading, and loading from
tributaries other than those identified in this Sub-item. The Division shall assure that the
supplemental modeling is conducted in accordance with the quality assurance
requirements of the Division;
(iv) The Commission shall review Stage II requirements if a party submits supplemental
modeling data, products and results acceptable to the Commission for this purpose.
Where supplemental modeling is accepted by the Commission, and results indicate
allowable loads of nitrogen and phosphorus to Falls Reservoir from the watersheds of
Ellerbe Creek, Eno River, Little River, Flat River, and Knap of Reeds Creek that are
substantially different than those identified in Item (3), then the Commission may initiate
rulemaking to establish those allowable loads as the revised objective of Stage II relative
to their associated baseline values;
(g) Nothing in this strategy shall be construed to limit, expand, or modify the authority of the
Commission to undertake alternative regulatory actions otherwise authorized by state or federal
law, including the reclassification of waters of the State pursuant to G.S. 143-214.1, the revision
of water quality standards pursuant to G.S. 143-214.3, and the granting of variances pursuant to
G.S. 143-215.3.
(6) RULES ENUMERATED. The Falls nutrient strategy rules consists of the following rules titled as follows:
(a) Rule .0275 Purpose and Scope;
(b) Rule .0276 Definitions. An individual rule may contain additional definitions for terms that are
used in that rule only;
(c) Rule .0277 Stormwater Management for New Development;
(d) Rule .0278 Stormwater Management for Existing Development;
(e) Rule .0279 Wastewater Discharge Requirements;
(f) Rule .0280 Agriculture;
(g) Rule .0281 Stormwater Requirements for State and Federal Entities;
(h) Rule .0282 Options for Offsetting Nutrient Loads; and
(i) Rule .0315 Neuse River Basin.
(7) APPLICABILITY. Categories of parties required to implement the Falls nutrient strategy rules and, as
applicable, their geographic scope of responsibility, are identified in each rule. The specific local
governments responsible for implementing Rules .0277, .0278, and .0282 shall be as follows:
(a) All incorporated municipalities, as identified by the Office of the Secretary of State, with planning
jurisdiction within or partially within the Falls watershed. Those municipalities are currently:
(i) Butner;
(ii) Creedmoor;
(iii) Durham;
(iv) Hillsborough;
(v) Raleigh;
(vi) Roxboro;
(vii) Stem; and
(viii) Wake Forest;
(b) All counties with jurisdiction in Falls watershed and for land where municipalities listed in Sub-
Item (7)(a) do not have an implementation requirement:
(i) Durham;
(ii) Franklin;
(iii) Granville;
(iv) Orange;
(v) Person; and
(vi) Wake;
(c) A unit of government may arrange through interlocal agreement or other instrument of mutual
agreement for another unit of government to implement portions or the entirety of a program
required or allowed under any rule of this strategy to the extent that such an arrangement is
otherwise allowed by statute. The governments involved shall submit documentation of any such
agreement to the Division. No such agreement shall relieve a unit of government from its
responsibilities under these Rules.
(8) ENFORCEMENT. Failure to meet requirements of Rules .0275, .0277, .0278, .0279, .0280, .0281, or
.0282 of this Section may result in imposition of enforcement measures as authorized by G.S. 143-215.6A
(civil penalties), G.S. 143-215.6B (criminal penalties), and G.S. 143-215.6C (injunctive relief).

History Note: Authority G.S. 143-214.1; 143-214.3; 143-214.5; 143-214.7; 143-215.1; 143-215.3; 143-215.3(a)(1);
143-215.6A; 143-215.6B; 143-215.6C; 143-215.8B; 143B-282(c); 143B-282(d); S.L. 2005-190; S.L.
2006-259; S.L. 2009-337; S.L. 2009-486;
Eff. January 15, 2011 (this permanent rule replaces the temporary rule approved by the RRC on December
16, 2010).

15A NCAC 02B .0276 FALLS WATER SUPPLY NUTRIENT STRATEGY: DEFINITIONS
(a) Unless the context indicates otherwise, the following words and phrases, which are not defined in G.S. 143, Article 21,
shall be interpreted as follows for the purposes of the Falls nutrient strategy:
(1) "Allocation" means the mass quantity of nitrogen or phosphorus that a discharger, group of dischargers,
nonpoint source, or collection of nonpoint sources is assigned. For point sources, possession of allocation
does not authorize the discharge of nutrients but is prerequisite to such authorization through a NPDES
permit, and allocation may be further distinguished as follows:
(A) "Active" allocation means that portion of an allocation that has been applied toward and is
expressed as a nutrient limit in an individual NPDES permit;
(B) "Reserve" allocation means allocation that is held by a permittee or other person but which has
not been applied toward and is not expressed as a nutrient limit in an individual NPDES permit;
(2) "Applicator" means the same as defined in 15A NCAC 02B .0202(4);
(3) "Atmospheric nitrogen" means total oxidized nitrogen (NOy) which includes all nitrogen oxides (including
NO2, NO, N2, nitrogen trioxide [N2O3], nitrogen tetroxide [N2O4], dinitrogen pentoxide [N2O5], nitric acide
(HNO3) peroxyacl nitrates (PAN)), the sum of which is referred to as reduced nitrogen (NHx));
(4) "Delivered," as in delivered allocation, load, or limit, means the allocation, load, or limit that is measured
or predicted at Falls Reservoir;
(5) "Development" means the same as defined in 15A NCAC 02B .0202(23);
(6) "Discharge," as in discharge allocation, load, or limit means the allocation, load, or limit that is measured at
the point of discharge into surface waters in the Falls watershed;
(7) "Existing development" means development, other than that associated with agricultural or forest
management activities that meets one of the following criteria:
(A) It either is built or has established a vested right based on statutory or common law as interpreted
by the courts, as of the effective date of either local new development stormwater programs
implemented under 15A NCAC 02B .0277 for projects that do not require a state permit or, as of
the applicable compliance date established in 15A NCAC 02B .0281(5) and (6); or
(B) It occurs after the compliance date set out in Sub-Item (5)(d) of Rule .0277 but does not result in a
net increase in built-upon area;
(8) "Falls nutrient strategy," or "Falls water supply nutrient strategy" means the set of 15A NCAC 02B .0275
through .0282 and .0315(p);
(9) "Falls Reservoir" means the surface water impoundment operated by the US Army Corps of Engineers and
named Falls of Neuse Reservoir;
(10) "Upper Falls Reservoir" means that portion of the reservoir upstream of State Route 50;
(11) "Upper Falls Watershed" means that area of Falls watershed draining to Upper Falls Reservoir;
(12) "Lower Falls Reservoir" means that portion of the reservoir downstream of State Route 50;
(13) "Lower Falls Watershed" means that are of Falls watershed draining to lower falls Reservoir without first
passing through Upper Falls Reservoir;
(14) "Load" means the mass quantity of a nutrient or pollutant released into surface waters over a given time
period. Loads may be expressed in terms of pounds per year and may be expressed as "delivered load" or
an equivalent "discharge load;"
(15) "Load allocation" means the same as set forth in federal regulations 40 CFR 130.2(g), which is
incorporated herein by reference, including subsequent amendments and editions. These regulations may
be obtained at no cost from http://www.epa.gov/lawsregs/search/40cfr.html or from the U.S. Government
Printing Office, 732 North Capitol St. NW, Washington D.C., 20401;
(16) "New development" means any development project that does not meet the definition of existing
development set out in this Rule;
(17) "Nitrogen" means the sum of the organic, nitrate, nitrite, and ammonia forms of nitrogen in a water or
wastewater;
(18) "NPDES" means National Pollutant Discharge Elimination System, and connotes the permitting process
required for the operation of point source discharges in accordance with the requirements of Section 402 of
the Federal Water Pollution Control Act, 33 U.S.C. Section 1251 et seq;
(19) "Nutrients" means total nitrogen and total phosphorus;
(20) "Phosphorus" or "total phosphorus" means the sum of the orthophosphate, polyphosphate, and organic
forms of phosphorus in a water or wastewater;
(21) "Stream" means a body of concentrated flowing water in a natural low area or natural channel on the land
surface;
(22) "Surface waters" means all waters of the state as defined in G.S. 143-212 except underground waters;
(23) "Technical specialist" means the same as defined in 15A NCAC 06H .0102(9);
(24) "Total nitrogen" means the same as 'nitrogen' defined in Item (17);
(25) "Total phosphorus" means the same as 'phosphorus' defined in Item (20);
(26) "Wasteload" means the mass quantity of a nutrient or pollutant released into surface waters by a wastewater
discharge over a given time period. Wasteloads may be expressed in terms of pounds per year and may be
expressed as "delivered wasteload" or an equivalent "discharge wasteload;" and
(27) "Wasteload allocation" means the same as set forth in federal regulations 40 CFR 130.2(h), which is
incorporated herein by reference, including subsequent amendments and editions. These regulations may
be obtained at no cost from http://www.epa.gov/lawsregs/search/40cfr.html or from the U.S. Government
Printing Office, 732 North Capitol St. NW, Washington D.C., 20401.
(b) The definitions in Rule .0279 shall also apply throughout these Falls Water Supply Nutrient Strategy rules.

History Note: Authority G.S. 143-214.1; 1432-214.3;143-214.5; 143-214.7; 143-215.1; 143215.3; 143-215.3(a)(1); 143-
215.6A; 143-215.6B; 143-215.6C; 143-215.8B; 143B-282(c); 143B-282(d); S.L. 2005-190; S.L. 2006-
259; S.L 2009-337; S.L 2009-486;
Eff. January 15, 2011 (this permanent rule replaces the temporary rule approved by the RRC on December
16, 2010).

15A NCAC 02B .0277 FALLS RESERVOIR WATER SUPPLY NUTRIENT STRATEGY: STORMWATER
MANAGEMENT FOR NEW DEVELOPMENT
The following is the stormwater strategy, as prefaced in 15A NCAC 02B .0275, for new development activities within the
Falls watershed:
(1) PURPOSE. The purposes of this Rule are as follows:
(a) To achieve and maintain the nitrogen and phosphorus loading objectives established for Falls
Reservoir in 15A NCAC 02B .0275 from lands in the Falls watershed on which new development
occurs;
(b) To provide control for stormwater runoff from new development in Falls watershed to ensure that
the integrity and nutrient processing functions of receiving waters and associated riparian buffers
are not compromised by erosive flows; and
(c) To protect the water supply, aquatic life and recreational uses of Falls Reservoir from the
potential impacts of new development.
(2) APPLICABILITY. This Rule shall apply to those areas of new development that lie within the Falls
watershed and the planning jurisdiction of a municipality or county that is identified in 15A NCAC 02B
.0275. This Rule shall not apply to development activities on state and federal lands that are set out in Rule
.0281 of this Section.
(3) REQUIREMENTS. All local governments subject to this Rule shall develop stormwater management
programs for submission to and approval by the Commission, to be implemented in areas described in Item
(2) of this Rule. Nothing in this Rule preempts local governments from establishing requirements that are
more restrictive than those set forth in this Rule. Local government stormwater management programs
shall include the following elements and the standards contained in Item (4):
(a) The requirement that a stormwater management plan shall be submitted for local government
approval based on the standards in Item (4) for all proposed new development disturbing one-half
acre or more for single family and duplex residential property and recreational facilities, and
12,000 square feet or more for commercial, industrial, institutional, multifamily residential, or
local government property;
(b) A plan to ensure maintenance of best management practices (BMPs) implemented to comply with
this rule for the life of the development; and
(c) A plan to ensure enforcement and compliance with the provisions in Item (4) of this Rule for the
life of the new development.
(4) PLAN APPROVAL REQUIREMENTS. A developer's stormwater plan shall not be approved by a subject
local government unless the following criteria are met:
(a) Nitrogen and phosphorus loads contributed by the proposed new development activity shall not
exceed the following unit-area mass loading rates for nitrogen and phosphorus, respectively,
expressed in units of pounds/acre/year: 2.2 and 0.33. Proposed development that would replace
or expand structures or improvements that existed as of December 2006, the end of the baseline
period, and that would not result in a net increase in built-upon area shall not be required to meet
the nutrient loading targets or high-density requirements except to the extent that the developer
shall provide stormwater control at least equal to the previous development. Proposed
development that would replace or expand existing structures or improvements and would result
in a net increase in built-upon area shall have the option either to achieve at least the percentage
loading reduction objectives stated in 15A NCAC 02B .0275 as applied to nitrogen and
phosphorus loading from the previous development for the entire project site, or to meet the
loading rate targets described in this Item. These requirements shall supersede those identified in
15A NCAC 02B .0104(q). The developer shall determine the load reductions needed to meet
these loading rate targets by using the loading calculation method called for in Sub-Item (5)(a) or
other equivalent method acceptable to the Division;
(b) The developer shall have the option of offsetting part of the nitrogen and phosphorus load by
implementing or funding offsite offset measures. Before using an offsite offset option, a
development shall implement onsite structural stormwater controls that achieve one of the
following levels of reductions:
(i) Proposed new development activity disturbing at least one-half acre but less than one
acre of land for single family and duplex residential property and recreational facilities,
except as stated in Sub-Item (4)(b)(iv), shall achieve 30 percent or more of the needed
load reduction in both nitrogen and phosphorus loading onsite and shall meet any
requirements for engineered stormwater controls described in Sub-Item (4)(e) of this
Rule;
(ii) Proposed new development activity disturbing at least 12,000 but less than one acre of
land for commercial, industrial, institutional, multifamily residential, or local
government property, except as stated in Sub-Item (4)(b)(iv), shall achieve 30 percent or
more of the needed load reduction in both nitrogen and phosphorus loading onsite and
shall meet any requirements for engineered stormwater controls described in Sub-Item
(4)(e) of this Rule;
(iii) Except as stated in Sub-Item (4)(b)(iv), proposed new development activity that disturbs
one acre of land or more shall achieve 50 percent or more of the needed load reduction
in both nitrogen and phosphorus loading onsite and shall meet any requirements for
engineered stormwater controls described in Sub-Item (4)(e) of this Rule; or
(iv) Proposed development that would replace or expand structures or improvements that
existed as of December 2006 and that increases impervious surface within a local
government's designated downtown area, regardless of area disturbed, shall achieve 30
percent of the needed load reduction in both nitrogen and phosphorus onsite, and shall
meet any requirements for engineered stormwater controls described in Sub-Item (4)(e)
of this Rule;
(c) Offsite offsetting measures shall achieve at least equivalent reductions in nitrogen and phosphorus
loading to the remaining reduction needed onsite to comply with the loading rate targets set out in
Sub-Item (4)(a) of this Item. A developer may use any measure that complies with the
requirements of Rules .0240 and .0282. of this Section;
(d) Proposed new development subject to NPDES, water supply, and other state-mandated
stormwater regulations shall comply with those regulations in addition to the other requirements
of this Sub-item. Proposed new development in any water supply watershed in the Falls
watershed designated WS-II, WS-III, or WS-IV shall comply with the density-based restrictions,
obligations, and requirements for engineered stormwater controls, clustering options, operation
and maintenance responsibilities, vegetated setbacks, land application, and landfill provisions
described in Sub-Items (3)(b)(i) and (3)(b)(ii) of the applicable rule among 15A NCAC 02B
.0214 through .0216. Provided, the allowance in water supply watershed rules for 10 percent of a
jurisdiction to be developed at up to 70 percent built-upon area without stormwater treatment shall
not be available in the Falls watershed;
(e) Stormwater systems shall be designed to control and treat at a minimum the runoff generated from
all surfaces in the project area by one inch of rainfall. The treatment volume shall be drawn down
pursuant to standards specific to each practice as provided in the July 2007 version of the
Stormwater Best Management Practices Manual published by the Division, or other at least
technically equivalent standards acceptable to the Division;
(f) To ensure that the integrity and nutrient processing functions of receiving waters and associated
riparian buffers are not compromised by erosive flows, at a minimum, the new development shall
not result in a net increase in peak flow leaving the site from pre-development conditions for the
one-year, 24-hour storm event;
(g) New development may satisfy the requirements of this Rule by meeting the post-development
hydrologic criteria set out in Chapter 2 of the North Carolina Low Impact Development
Guidebook dated June 2009, or the hydrologic criteria in the most recent version of that
guidebook;
(h) Proposed new development shall demonstrate compliance with the riparian buffer protection
requirements of 15A NCAC 02B .0233 and .0242 or subsequent amendments or replacements to
those requirements.
(5) RULE IMPLEMENTATION. This Rule shall be implemented as follows:
(a) No later than March 15, 2011, the Division shall submit a model local stormwater program,
including a model local ordinance that embodies the criteria described in Items (3) and (4) of this
Rule to the Commission for approval. The model program shall include a tool that will allow
developers to account for nutrient loading from development lands and loading changes due to
BMP implementation to meet the requirements of Items (3) and (4) of this Rule. The accounting
tool shall utilize nutrient efficiencies and associated design criteria established for individual
BMPs in the July 2007 version of the Stormwater Best Management Practices Manual published
by the Division, or other more precise standards acceptable to the Division. At such time as data
quantifying nutrient loads from onsite wastewater systems is made available, the new development
nutrient export accounting tool shall be revised to require accounting for nutrient loading from
onsite wastewater from newly developed lands that use such systems. Should research quantify
significant loading from onsite wastewater systems, the Division may also make recommendations
to the Commission for Public Health to initiate rulemaking to reduce nutrient loading to surface
waters from these systems. The Division shall work in cooperation with subject local
governments and other watershed interests in developing this model program;
(b) Within five months after the Commission's approval of the model local stormwater program and
model ordinance, subject local governments shall submit stormwater management programs, in
conjunction with similar requirements in 15A NCAC 02B .0278, to the Division for preliminary
approval. These local programs shall meet or exceed the requirements in Items (3) and (4) of this
Rule;
(c) Within 10 months after the Commission's approval of the model local stormwater program, the
Division shall provide recommendations to the Commission on local stormwater programs. The
Commission shall either approve the programs or require changes based on the standards set out
in Items (3) and (4) of this Rule. Should the Commission require changes, the applicable local
government shall have two months to submit revisions, and the Division shall provide follow-up
recommendations to the Commission within two months after receiving revisions;
(d) Within six months after the Commission's approval of a local program, or upon the Division's first
renewal of a local government's NPDES stormwater permit, whichever occurs later, the affected
local government shall complete adoption of and implement its local stormwater management
program; and
(e) Upon implementation, subject local governments shall submit annual reports to the Division
summarizing their activities in implementing each of the requirements in Items (3) and (4) of this
Rule, including changes to nutrient loading.
(6) EQUIVALENT PROGRAM OPTION. A local government may in its program submittal under Sub-Item
(5)(b) of this Rule request that the Division accept the local government's implementation of another
stormwater program or programs as satisfying one or more of the requirements set forth in Items (3) and (4)
of this Rule. The Division shall provide determination on the acceptability of any such alternative prior to
requesting Commission approval of local programs as required in Sub-Item (5)(c) of this Rule. Should a
local government propose alternative requirements to achieve and maintain the rate targets described in
Sub-Item (4)(a) of this Rule, it shall include in its program submittal technical information demonstrating
the adequacy of those requirements. Should an alternative program propose monitoring of watersheds to
compare measured loading to expected loading, it shall at a minimum include the following:
(a) Engineering calculations that quantify expected loading from new development projects based on
stormwater controls currently enforced;
(b) At least three years of continuous flow and nutrient monitoring data demonstrating that watershed
loading rates are at or below rates that would result from meeting the requirements of this Rule
and Rule .0278 of this Section based on the land cover composition of the watershed;
(c) An ongoing water quality monitoring program based on continuous flow and concentration
sampling to be performed indefinitely into the future with results reported annually to the Division
for review and approval;
(d) A corrective action plan to be implemented should data collected under the ongoing monitoring
program demonstrate watershed loading is within 10 percent of the rate estimated in compliance
with this Item; and
(e) Should a local government submit an alternate program for consideration that includes areas
within its jurisdiction outside of the monitored watershed it shall submit technical information
demonstrating the areas outside of the monitored watershed can reasonably be expected to load at
equal or lesser rates than those estimated in compliance with this Item based on comparative
analysis of land uses and other factors affecting nutrient loading.

History Note: Authority G.S. 143-214.1; 143-214.3; 143-214.5; 143-214.7; 143-215.1; 143-215.3; 143-215.3(a)(1);
143-215.6A; 143-215.6B; 143-215.6C; 143-215.8B; 143B-282(c); 143B-282(d); S.L. 2005-190; S.L.
2006-259; S.L. 2009-337; S.L. 2009-486;
Eff. January 15, 2011 (this permanent rule replaces the temporary rule approved by the RRC on December
16, 2010).

15A NCAC 02B .0278 FALLS WATER SUPPLY NUTRIENT STRATEGY: STORMWATER MANAGEMENT
FOR EXISTING DEVELOPMENT
This Rule establishes a staged, adaptive approach by which municipalities and counties shall contribute to achieving the
nonpoint source loading objectives of the Falls Reservoir nutrient strategy by reducing or otherwise offsetting nutrient
contributions from existing development. It provides local governments three years to develop programs that propose Stage I
load reduction actions to the Division and requires local governments to begin and track measures to reduce nutrient loads
from existing developed lands within their jurisdiction by January 15, 2014, as specified in Item (7). Local governments shall
submit for approval and implement Stage II load reduction programs by January 15, 2021 and submit revised load reductions
programs every five years thereafter. The following is the watershed stormwater strategy, as prefaced in Rule 15A NCAC
02B .0275, for existing development in the Falls watershed:
(1) PURPOSE. The purposes of this Rule are as follows:
(a) To achieve and maintain the nonpoint source nitrogen and phosphorus percentage reduction
objectives established for Falls Reservoir in Rule 15A NCAC 02B .0275 on nutrient loading from
existing development in the Falls watershed relative to the baseline period defined in that rule.
Existing development is defined in Rule 15A NCAC 02B .0276; and
(b) To protect the water supply, aquatic life, and recreational uses of Falls Reservoir.
(2) APPLICABILITY. This Rule shall apply to municipalities and counties in the Falls watershed as identified
in Rule 15A NCAC 02B .0275.
(3) STAGED AND ADAPTIVE IMPLEMENTATION REQUIREMENTS. Local governments shall employ
the following staged and adaptive implementation program. All local governments subject to this Rule
shall develop load-reducing programs for submission to and approval by the Commission that include the
following staged elements and meet the associated minimum standards for each stage of implementation:
(a) In Stage I, a local government subject to this Rule shall implement a load reduction program that
provides estimates of, and plans for offsetting by calendar year 2020, nutrient loading increases
from lands developed subsequent to the baseline period and not subject to the requirements of the
local government's Falls Lake new development stormwater program. For these post-baseline
existing developed lands, the current loading rate shall be compared to the loading rate for these
lands prior to development for the acres involved, and the difference shall constitute the load
reduction need in annual mass load, in pounds per year. Alternatively, a local government may
assume uniform pre-development loading rates of 2.89 pounds/acre/year N and 0.63
pounds/acre/year P for these lands. The local government shall achieve this Stage I load
reduction by calendar year 2020. This Stage I program shall meet the criteria defined in Item (4)
of this Rule;
(b) By January 15, 2021 and every five years thereafter, a local government located in the Upper
Falls Watershed shall submit and begin implementing a Stage II load reduction program that
meets the following requirements:
(i) If a local government achieves the Stage I reduction objectives described in this Item, a
local government's initial Stage II load reduction program shall, at the local
government's election, either (A) achieve additional annual reductions in nitrogen and
phosphorus loads from existing development greater than or equal to the average annual
additional reductions achieved in the last seven years of Stage I or (B) provide for an
annual expenditure that equals or exceeds the average annual amount the local
government has spent to achieve nutrient reductions from existing development during
the last seven years of Stage I. A local government's expenditures shall include all local
government funds, including any state and federal grant funds used to achieve nutrient
reductions from existing developed lands. The cost of achieving reductions from
municipal wastewater treatment plants shall not be included in calculating a local
government's expenditures. Notwithstanding this requirement, the EMC may approve an
initial Stage II load reduction program based on a lower annual level of reduction or a
lower annual level of expenditure if the local government demonstrates that continuing
the prior annual level of reduction or annual level of expenditure is not reasonable or
cost-effective given the reductions that will be achieved, or the expenditure would cause
serious financial hardship to the local government;
(ii) If Stage I reduction objectives are not achieved, a local government's initial Stage II load
reduction program shall, at the local government's election, either (A) achieve additional
annual reductions in nitrogen and phosphorus loads from existing development greater
than or equal to the average annual additional reductions achieved in the highest three
years of implementation of Stage I or (B) provide for an annual expenditure that equals
or exceeds the average annual amount the local government has spent to achieve nutrient
reductions from existing development during the highest three years of implementation
of Stage I. Annual expenditures shall be calculated in accordance with Sub-Item (3)(b)(i)
of this Item;
(iii) Subsequent five year programs shall be designed to achieve the Stage II percent load
reduction goals from existing developed lands in a local government's jurisdiction, shall
include timeframes for achieving these goals and shall meet the requirements of Item (4)
of this Rule;
(4) ELEMENTS OF LOAD REDUCTION PROGRAMS. A local government's Stage I and Stage II load
reduction program shall address the following elements:
(a) Jurisdictions in the Eno River and Little River subwatersheds shall, as a part of their Stage I load
reduction programs, begin and continuously implement a program to reduce loading from
discharging sand filters and malfunctioning septic systems discharging into waters of the State
within those jurisdictions and subwatersheds;
(b) Jurisdictions within any Falls subwatershed in which chlorophyll a levels have exceeded 40
micrograms/liter in more than seventy-five percent of the monitoring events in any calendar year
shall, as part of their Stage I load reduction programs, begin and continuously implement a
program to reduce nutrient loading into the waters of the State within those jurisdictions and that
subwatersheds;
(c) The total amount of nutrient loading reductions in Stage I is not increased for local jurisdictions
by the requirements to add specific program components to address loading from malfunctioning
septic systems and discharging sand filters or high nutrient loading levels pursuant to Sub-Items
(4)(a) and (b) of this Item;
(d) In preparation for implementation of their Stage I and Stage II load reduction programs, local
governments shall develop inventories and characterize load reduction potential to the extent that
accounting methods allow of the following by January 2013:
(i) Wastewater collection systems;
(ii) Discharging sand filter systems, including availability of or potential for central sewer
connection;
(iii) Properly functioning and malfunctioning septic systems;
(iv) Restoration opportunities in utility corridors;
(v) Fertilizer management plans for local government-owned lands;
(vi) Structural stormwater practices, including intended purpose, condition, potential for
greater nutrient control; and
(vii) Wetlands and riparian buffers including potential for restoration opportunities;
(e) A local government's load reduction need shall be based on the developed lands that fall within its
general police powers and within the Falls watershed;
(f) The load reduction need shall not include lands under state or federal control, and a county shall
not include lands within its jurisdictional boundaries that are under municipal police powers;
(g) Nitrogen and phosphorus loading from existing development, including loading from onsite
wastewater treatment systems to the extent that accounting methods allow, shall be calculated by
applying the accounting tool described in Sub-Item (7)(a) and shall quantify baseline loads of
nitrogen and phosphorus to surface waters in the local government's jurisdiction as well as loading
changes post-baseline. It shall also calculate target nitrogen and phosphorus loads and
corresponding load reduction needs;
(h) The Commission shall recognize reduction credit for early implementation of policies and
practices implemented after January 1, 2007 and before timeframes required by this Rule, to
reduce runoff and discharge of nitrogen and phosphorus per Session Law 2009-486. The load
reduction program shall identify specific load-reducing practices implemented to date subsequent
to the baseline period and for which the local government is seeking credit. It shall estimate load
reductions for these practices and their anticipated duration using methods provided for in Sub-
Item (5)(a);
(i) The program shall include a proposed implementation schedule that includes annual
implementation expectations. The load reduction program shall identify the types of activities the
local government intends to implement and types of existing development affected, a
prioritization of practices, magnitude of reductions it expects to achieve from each, and the costs
and efficiencies of each activity to the extent information is available. The program shall identify
the duration of anticipated loading reductions, and may seek activities that provide long-term
reductions;
(j) The load reduction program shall identify anticipated funding mechanisms or sources and discuss
steps take or planned to secure such funding;
(k) The program shall address the extent of load reduction opportunities intended from the following
types of lands:
(i) Lands owned or otherwise controlled by the local government;
(ii) Each land use type of privately owned existing development including projected
redevelopment, on which the local government's load reduction need is based as
described in this Item; and
(iii) Lands other than those on which the local government's load reduction need is based as
described in this Item, including lands both within and outside its jurisdiction and
including the use of interlocal agreements and private third party sellers;
(l) The program shall address the extent of load reduction proposed from the following stormwater
and ecosystem restoration activities:
(i) Bioretention;
(ii) Constructed wetland;
(iii) Sand filter;
(iv) Filter strip;
(v) Grassed swale;
(vi) Infiltration device;
(vii) Extended dry detention;
(viii) Rainwater harvesting system;
(ix) Treatment of redevelopment;
(x) Overtreatment of new development;
(xi) Removal of impervious surface;
(xii) Retrofitting treatment into existing stormwater ponds;
(xiii) Off-line regional treatment systems;
(xiv) Wetland or riparian buffer restoration; and
(xv) Reforestation with conservation easement or other protective covenant;
(m) The program shall evaluate the load reduction potential from the following wastewater activities:
(i) Creation of surplus relative to an allocation established in Rule 15A NCAC 02B .0279;
(ii) Expansion of surplus allocation through regionalization;
(iii) Connection of discharging sand filters and malfunctioning septic systems to central
sewer or replacement with permitted non-discharge alternatives;
(iv) Removal of illegal discharges; and
(v) Improvement of wastewater collection systems;
(n) A local government may propose in its load reduction program the use of the following measures
in addition to items listed in (l) and (m), or may propose other measures for which it can provide
accounting methods acceptable to the Division:
(i) Redirecting runoff away from impervious surfaces;
(ii) Soil amendments;
(iii) Stream restoration;
(iv) Improved street sweeping; and
(v) Source control, such as pet waste and fertilizer ordinances;
(o) The program shall include evaluation of load reduction potential relative to the following factors:
(i) Extent of physical opportunities for installation;
(ii) Landowner acceptance;
(iii) Incentive and education options for improving landowner acceptance;
(iv) Existing and potential funding sources and magnitudes;
(v) Practice cost-effectiveness (e.g., cost per pound of nutrient removed);
(vi) Increase in per capita cost of a local government's stormwater management program to
implement the program;
(vii) Implementation rate without the use of eminent domain; and
(viii) Need for and projected role of eminent domain;
(5) The Commission shall approve a Stage I load reduction program if it is consistent with Items (3) and (4) of
this Rule. The Commission shall Approve a Stage II load reduction program if it is consistent with Items
(3) and (4) of this Rule unless the Commission finds that the local governments can, through the
implementation of reasonable and cost-effective measures not included in the proposed program, meet the
Stage II nutrient load reductions required by this Rule by a date earlier than that proposed by the local
government. If the Commission finds that there are additional or alternative reasonable and cost-effective
measures, the Commission may require the local government to modify its proposed program to include
such measures to achieve the required reductions by the earlier date. If the Commission requires such
modifications, the local government shall submit a modified program within two months. The Division
shall recommend that the Commission approve or disapprove the modified program within three months
after receiving the modified program. In determining whether additional or alternative load reduction
measures are reasonable and cost effective, the Commission shall consider factors identified in Sub-Item
(4)(o) of this Rule. The Commission shall not require additional or alternative measures that would require
a local government to:
(a) Install or require installation of a new stormwater collection system in an area of existing
development unless the area is being redeveloped;
(b) Acquire developed private property; or
(c) Reduce or require the reduction of impervious surfaces within an area of existing development
unless the area is being redeveloped.
(6) A municipality shall have the option of working with the county or counties in which it falls, or with
another municipality or municipalities within the same subwatershed, to jointly meet the loading targets
from all lands within their combined jurisdictions within a subwatershed. A local government may utilize
private or third party sellers. All reductions involving trading with other parties shall meet the
requirements of Rule 15A NCAC 02B .0282.
(7) RULE IMPLEMENTATION. This Rule shall be implemented as follows:
(a) By July 2013, the Division shall submit a Stage I model local program to the Commission for
approval that embodies the criteria described in Items (3)(a) and (4) of this Rule. The Division
shall work in cooperation with subject local governments and other watershed interests in
developing this model program, which shall include the following:
(i) Model local ordinances as applicable;
(ii) Methods to quantify load reduction requirements and resulting load reduction
assignments for individual local governments;
(iii) Methods to account for discharging sand filters, malfunctioning septic systems, and
leaking collection systems; and
(iv) Methods to account for load reduction credits from various activities;
(b) Within six months after the Commission's approval of the Stage I model local program, subject
local governments shall submit load reduction programs that meet or exceed the requirements of
Items (3) and (4) of this Rule to the Division for review and preliminary approval and shall begin
implementation and tracking of measures to reduce nutrient loads from existing developed lands
within their jurisdictions;
(c) Within 20 months of the Commission's approval of the Stage I model local program, the Division
shall provide recommendations to the Commission on existing development load reduction
programs. The Commission shall either approve the programs or require changes based on the
standards set out in Item (4) of this Rule. Should the Commission require changes, the applicable
local government shall have two months to submit revisions, and the Division shall provide
follow-up recommendations to the Commission within two months after receiving revisions;
(d) Within three months after the Commission's approval of a Stage I local existing development load
reduction program, the local government shall complete adoption of and begin implementation of
its existing development Stage I load reduction program;
(e) Upon implementation of the programs required under Item (4) of this Rule, local governments
shall provide annual reports to the Division documenting their progress in implementing those
requirements within three months following each anniversary of program implementation date
until such time the Commission determines they are no longer needed to ensure maintenance of
reductions or that standards are protected. Annual reports shall include accounting of total annual
expenditures, including local government funds and any state and federal grants used toward load
reductions achieved from existing developed lands. Local governments shall indefinitely maintain
and ensure performance of implemented load-reducing measures;
(f) By January 15, 2021 and every five years thereafter until accounting determines that assigned load
reductions have been achieved, standards are met in the lake, or the Commission takes other
actions per Rule 15A NCAC 02B .0275, local governments located in the upper Falls watershed
as defined in Item (3) of Rule 15A NCAC 02B .0275 shall submit and begin implementation of a
Stage II load reduction program or program revision to the Division. Within nine months after
submittal, the Division shall make recommendations to the Commission on approval of these
programs. The Commission shall either approve the programs or require changes based on the
standards set out in this Rule. If the Commission require changes, the applicable local
governments shall submit revisions within two months, and the Division shall provide follow-up
recommendations to the Commission within three months after receiving revisions. Upon
program approval, local governments shall revise implementation as necessary based on the
approved program;
(g) A local government may, at any time after commencing implementation of its load reduction
program, submit program revisions to the Division for approval based on identification of more
cost-effective strategies or other factors not originally recognized;
(h) Once either load reductions are achieved per annual reporting or water quality standards are met
in the lake per Rule 15A NCAC 02B .0275, local governments shall submit programs to ensure no
load increases and shall report annually per Sub-Item (e) on compliance with no increases and
take additional actions as necessary;
(i) At least every five years after the effective date, the Division shall review the accounting methods
stipulated under Sub-Item (7)(a) to determine the need for revisions to those methods and to
loading reductions assigned using those methods. Its review shall include values subject to
change over time independent of changes resulting from implementation of this Rule, such as
untreated export rates that may change with changes in atmospheric deposition. It shall also
review values subject to refinement, such as nutrient removal efficiencies.

History Note: Authority G.S. 143-214.1; 143-214.5; 143-214.7; 143-214.12; 143-214.21; 143-215.3(a)(1); 143-215.6A;
143-215.6B; 143-215.6C; 143-215.8B; 143B-282(c); 143B-282(d); S.L. 2005-190; S.L. 2006-259; S.L.
2009-337;
Eff. January 15, 2011 (this permanent rule replaces the temporary rule approved by the RRC on December
16, 2010).

15A NCAC 02B .0279 FALLS WATER SUPPLY NUTRIENT STRATEGY: WASTEWATER DISCHARGE
REQUIREMENTS
The following is the NPDES wastewater discharge management strategy for the Falls of the Neuse Reservoir watershed (the
Falls watershed):
(1) PURPOSE. The purpose of this Rule is to establish minimum nutrient control requirements for point
source wastewater discharges in the Falls watershed in order to restore and maintain water quality in the
reservoir and protect its designated uses.
(2) APPLICABILITY. This Rule applies to all wastewater treatment facilities discharging in the Falls
watershed that receive nutrient-bearing wastewater and are subject to requirements for individual NPDES
permits.
(3) DEFINITIONS. For the purposes of this Rule, the definitions in 15A NCAC 02B .0276 and the following
definitions apply:
(a) In regard to point source dischargers, treatment facilities, and wastewater flows and discharges,
(i) "Existing" means that which was subject to an NPDES permit as of December 31, 2006;
(ii) "Expanding" means that which has increased or will increase beyond its permitted flow
as defined in this Rule; and
(iii) "New" means that which was not subject to an NPDES permit as of December 31, 2006.
(b) "Limit" or "limitation," except when specified as a concentration limit, means the mass quantity of
nitrogen or phosphorus that a discharger or group of dischargers is authorized through an NPDES
permit to release into surface waters of the Falls watershed.
(c) "MGD" means million gallons per day.
(d) "Permitted flow" means the maximum monthly average flow authorized in a facility's NPDES
permit as of December 31, 2006.
(4) INITIAL NUTRIENT ALLOCATIONS FOR EXISTING UPPER FALLS DISCHARGERS. This Item
establishes initial Stage I and Stage II nutrient allocations for existing dischargers in the Upper Falls
watershed:
(a) Stage I nitrogen and phosphorus allocations for dischargers with permitted flows of 0.1 MGD or
greater are as follows:

Mass Allocations (pounds/year)
Facility Name NPDES No. Total Nitrogen Total Phosphorus
North Durham NC0023841 97,665 10,631
SGWASA NC0026824 22,420 2,486
Hillsborough NC0026433 10,422 1,352

(b) Stage I allocations for dischargers with permitted flows less than 0.1 MGD are equal to the Stage
II allocations specified in Sub-Items (c) and (d) of this Item.
(c) Stage II nitrogen and phosphorus allocations are as follows:

Mass Allocations (pounds/year)
Discharger Subcategories Total Nitrogen Total Phosphorus
Permitted flows ≥ 0.1 MGD 97,617 5,438
Permitted flows < 0.1 MGD 1,052 175

(d) The Stage II allocations in Sub-Item (c) of this Item shall be divided among the existing
dischargers in each subcategory in proportion to the dischargers' permitted flows as defined in this
Rule, and the resulting nutrient allocations shall be assigned to each individual discharger.
(5) CHANGES IN NUTRIENT ALLOCATIONS.
(a) The aggregate and individual nutrient allocations available to point source dischargers in the Falls
watershed are subject to change:
(i) Whenever the Commission, through rulemaking, revises the nutrient reduction targets in
or pursuant to 15A NCAC 02B .0275 in order to ensure the protection of water quality
in the reservoir and its tributaries or to conform with applicable state or federal
requirements;
(ii) Whenever one or more point source dischargers acquires any portion of the nonpoint
load allocations under the provisions in this Rule and 15A NCAC 02B .0282, Options
for Offsetting Nutrient Loads; or
(iii) As the result of allocation transfers conducted between point sources or between point
and nonpoint sources and in accordance with this Rule, provided that nutrient allocation
can be transferred and applied only within the portion of the Falls watershed to which it
was originally assigned (Upper or Lower).
(b) In the event that the Commission changes any nutrient reduction target specified in 15A NCAC
02B .0275 or in Item (4) of this Rule, the Commission shall also re-evaluate the apportionment
among the dischargers and shall revise the individual allocations as necessary.
(6) NUTRIENT DISCHARGE LIMITATIONS FOR EXISTING UPPER FALLS DISCHARGERS.
(a) Beginning with calendar year 2016, any existing discharger with a permitted flow of 0.1 MGD or
greater shall limit its total nitrogen and phosphorus discharges to its active, individual Stage I
allocations as defined or modified pursuant to this Rule.
(b) Beginning with calendar year 2036, except as provided in Sub-item (d) of this Item, each existing
discharger with a permitted flow greater than or equal to 0.1 MGD shall limit its total nitrogen and
phosphorus discharges to its active, individual Stage II allocations as defined or modified
pursuant to this Rule.
(c) Not later than March 15, 2011, the Director shall notify existing permittees of the individual Stage
I and Stage II nutrient allocations initially assigned to them pursuant to this Rule.
(d) Not later than January 15, 2027, each existing discharger with a permitted flow greater than or
equal to 0.1 MGD shall submit to the Division a plan for meeting its Stage II mass limitations.
The plan shall describe the discharger's strategy for complying with the limitations and shall
include a schedule for the design and construction of facility improvements and for the
development and implementation of related programs necessary to the strategy. If a discharger
determines that it cannot meet its limitations by calendar year 2036, the discharger may include its
findings in the plan and request an extension of its compliance dates for the nitrogen and
phosphorus limitations. This alternate plan shall document the compliance strategies considered
and the reasons each was judged infeasible; identify the minimum loadings that are technically
and economically feasible by 2036; and propose intermediate limits for the period beginning with
2036 and extending until the Stage II limitations can be met. Within 180 days of receipt, the
Division shall approve the plan as submitted, which could include intermediate limits, or inform
the discharger of any changes or additional information needed for approval. The Division shall
incorporate the approved nitrogen and phosphorus mass limitations and compliance dates into the
discharger's NPDES permit upon the next renewal or other major permit action following plan
approval. If the Division extends the dates by which a discharger must meet Stage II limitations,
the discharger shall update and submit its plan for Division approval every five years after the
original submittal, and the Division shall take necessary and appropriate action as with the
original plan, until the Stage II limitations are satisfied.
(e) It is the intent of this Item that all dischargers shall make continued progress toward complying
with Stage II mass limitations. The Division shall not approve intermediate limitations that
exceed either the applicable Stage I limitations or intermediate limitations previously approved
pursuant to this Item.
(7) NUTRIENT DISCHARGE LIMITATIONS FOR EXISTING LOWER FALLS DISCHARGERS.
(a) Beginning with calendar year 2016, any existing discharger with a permitted flow of 0.1 MGD or
greater shall limit its total nitrogen and phosphorus discharges as specified in this Item.
(b) CONCENTRATION LIMITS. The nitrogen and phosphorus discharge limits for existing
dischargers shall be as follows:

Discharge Limits (milligrams/liter)
Limit Type Total Nitrogen Total Phosphorus
Monthly Average 8.0 1.0
Annual Average 5.5 0.5

Existing facilities must meet both monthly average and annual average limits in any given
calendar year.
(c) MASS LIMITS.
(i) In addition to the concentration limits specified in this Item, the collective annual mass
discharge of total phosphorus shall not exceed 911 pounds in any calendar year.
(ii) Any discharger may request a mass discharge limit in lieu of the concentration limit for
nitrogen or phosphorus or both, in which case the Director shall set a limit equivalent to
the annual average concentration limit at the facility's permitted flow. The resulting
mass limit shall become effective with the ensuing calendar year or with calendar year
2016, whichever is later.
(8) NUTRIENT CONTROL REQUIREMENTS FOR NEW DISCHARGERS.
(a) Any person proposing a new wastewater discharge in the Upper Falls watershed shall meet the
following requirements prior to applying for an NPDES permit:
(i) Evaluate all practical alternatives to said discharge, pursuant to 15A NCAC 02H
.0105(c)(2);
(ii) If the results of the evaluation support a new discharge, acquire sufficient nitrogen and
phosphorus allocations for the discharge. The proponent may obtain allocation for the
proposed discharge from existing dischargers pursuant to the applicable requirements of
Item (10) of this Rule or obtain allocation from other sources to offset the increased
nutrient loads resulting from the proposed discharge. The proponent may fund offset
measures by making payment to the NC Ecosystem Enhancement Program contingent
upon acceptance of payments by that program or to another seller of offset credits
approved by the Division or may implement other offset measures contingent upon
approval by the Division, either of which shall meet the requirements of Rule 15A
NCAC 02B .0282. The amount of allocation or offsets obtained shall be sufficient for
the duration of the discharge or for a period of 30 years, whichever is shorter. Payment
for each allocation or offset shall be made prior to the ensuing permit issuance;
(iii) Determine whether the proposed discharge of nutrients will cause local water quality
impacts; and
(iv) Provide documentation with its NPDES permit application demonstrating that the
requirements of Sub-Items (a)(i) through (a)(iii) of this Item have been met.
(b) The nutrient discharge limits for a new facility in the Upper Falls watershed shall not exceed the
mass loads equivalent to a concentration of 3.0 milligrams per liter nitrogen or 0.1 milligrams per
liter phosphorus at the permitted flow in the discharger's NPDES permit.
(c) Upon the effective date of its NPDES permit, a new discharger in the Upper Falls watershed shall
be subject to nitrogen and phosphorus limits not to exceed its active individual discharge
allocations in any given calendar year.
(d) The Director shall not issue an NPDES permit for any new wastewater facility that would
discharge in the Lower Falls watershed and to which this Rule would apply.
(9) NUTRIENT CONTROL REQUIREMENTS FOR EXPANDING DISCHARGERS.
(a) Any person proposing to expand an existing wastewater discharge in the Upper Falls watershed
beyond its permitted flow shall meet the following requirements prior to applying for an NPDES
permit:
(i) Evaluate all practical alternatives to said discharge, pursuant to 15A NCAC 02H
.0105(c)(2);
(ii) If the results of the evaluation support an expanded discharge, acquire sufficient nitrogen
and phosphorus allocations for the discharge. The proponent may obtain allocation for
the proposed discharge from existing dischargers pursuant to the applicable requirements
of Item (10) of this Rule or obtain allocation from other sources to offset the increased
nutrient loads resulting from the proposed discharge. The proponent may fund offset
measures by making payment to the NC Ecosystem Enhancement Program contingent
upon acceptance of payments by that program or to another seller of offset credits
approved by the Division or may implement other offset measures contingent upon
approval by the Division, either of which shall meet the requirements of Rule 15A
NCAC 02B .0282. The amount of allocation or offsets obtained shall be sufficient for
the duration of the discharge or for a period of 30 years, whichever is shorter. Payment
for each allocation or offset shall be made prior to the ensuing permit issuance;
(iii) Determine whether the proposed discharge of nutrients will cause local water quality
impact; and
(iv) Provide documentation with its NPDES permit application demonstrating that the
requirements of Sub-Items (a)(i) through (a)(iii) of this Item have been met;
(b) The nutrient discharge limits for an expanding facility in the Upper Falls watershed shall not
exceed the mass value equivalent to a concentration of 3.0 milligrams per liter nitrogen or 0.1
milligrams per liter phosphorus at the expanded flow limit in the discharger's NPDES permit;
except that this provision shall not result in an active allocation or limit that is less than originally
assigned to the discharger under this Rule.
(c) Upon expansion or upon notification by the Director that it is necessary to protect water quality,
any discharger with a permitted flow of less than 0.1 MGD in the Upper Falls watershed, shall
become subject to total nitrogen and total phosphorus permit limits not to exceed its active
individual discharge allocations.
(d) The Director shall not issue an NPDES permit for the expansion of any wastewater discharge in
the Lower Falls watershed to which this Rule applies.
(10) ADDITIONAL PROVISIONS REGARDING NUTRIENT ALLOCATIONS AND LIMITATIONS.
(a) Annual mass nutrient limits shall be established as calendar-year limits.
(b) Any discharger holding nutrient allocations pursuant to this Rule may by mutual agreement
transfer all or part of its allocations to any new, existing, or expanding dischargers or to other
person(s) in the Falls watershed, subject to the provisions of this Rule and the Falls nutrient
strategy, except that allocation shall not be transferred between the Upper and Lower Falls
watersheds.
(c) For NPDES compliance purposes, the enforceable nutrient limits for an individual facility or for a
compliance association described in Item (11) of this Rule shall be the effective limits in the
governing permit, regardless of the allocation held by the discharger or association.
(d) The Director may establish more stringent nitrogen or phosphorus discharge limits for any
discharger upon finding that such limits are necessary to prevent the discharge from causing
adverse water quality impacts on surface waters tributary to Falls Reservoir. The Director shall
establish such limits through modification of the discharger's NPDES permit in accordance with
applicable rules and regulations. When the Director does so, the discharger retains its nutrient
allocations, and the non-active portion of the discharger's allocation becomes reserve allocation.
The allocation remains in reserve until the Director determines that less stringent limits are
allowable or until the allocation is applied to another discharge not subject to such water quality-
based limits.
(e) In order for any transfer of allocation to become effective as a discharge limit in an individual
NPDES permit, the discharger must request and obtain modification of the permit. Such request
shall:
(i) Describe the purpose and nature of the modification;
(ii) Describe the nature of the transfer agreement, the amount of allocation transferred, and
the dischargers or persons involved;
(iii) Provide copies of the transaction agreements with original signatures consistent with
NPDES signatory requirements; and
(iv) Demonstrate to the Director's satisfaction that the increased nutrient discharge will not
violate water quality standards in localized areas.
(f) Changes in a discharger's nutrient limits shall become effective upon modification of its individual
permit but no sooner than January 1 of the year following modification. If the modified permit is
issued after January 1, the Director may make the limit effective on that January 1 provided that
the discharger made acceptable application in a timely manner.
(g) REGIONAL FACILITIES. In the event that an existing discharger or group of dischargers
accepts wastewater from another NPDES-permitted treatment facility and that acceptance results
in the elimination of the discharge from the other treatment facility, the eliminated facility's
nutrient allocations shall be transferred and added to the accepting discharger's allocations, except
that allocation shall not be transferred between the Upper and Lower Falls watersheds.
(11) GROUP COMPLIANCE OPTION.
(a) Any facilities within the Upper or the Lower Falls watersheds may form a group compliance
association to meet nutrient limits collectively within their respective portion of the Falls
watershed. More than one group compliance association may be established in either portion of
the watershed. No facility may be a co-permittee member of more than one association for any
given calendar year.
(b) Any such association must apply for and shall be subject to an NPDES permit that establishes the
effective nutrient limits for the association and for its members.
(c) No later than 180 days prior to the proposed date of a new association's operation or expiration of
an existing association's NPDES permit, the association and its members shall submit an
application for an NPDES permit for the discharge of nutrients to surface waters of the Falls
watershed. The association's NPDES permit shall be issued to the association and its members. It
shall specify the nutrient limits for the association and for each of its co-permittee members.
Association members shall be deemed in compliance with the permit limits for nitrogen and
phosphorus contained in their individually issued NPDES permits so long as they remain
members in an association.
(d) An association's nitrogen and phosphorus limits shall be the sum of its members' individual active
allocations for each nutrient plus any other active allocation obtained by the association or its
members.
(e) The individual limits for each member in the association permit shall initially be equivalent to the
discharge limits in effect in the member's NPDES permit. Thereafter, changes in individual
allocations or limits shall be incorporated into the members' individual permits before they are
included in the association permit.
(f) An association and its members may reapportion the individual allocations of its members on an
annual basis. Changes in individual allocations or limits must be incorporated into the members'
individual permits before they are included in the association permit.
(g) Changes in an association's nutrient limits shall become effective no sooner than January 1 of the
year following permit modification. If the modified permit is issued after January 1, the Director
may make the limit effective on that January 1 provided that the association made acceptable
application in a timely manner.
(h) Beginning with the first full calendar year that the nitrogen or phosphorus limits are effective, an
association that does not meet its permit limit for nitrogen or phosphorus for a calendar year shall,
no later than May 1 of the year following the exceedance, make an offset payment to the NC
Ecosystem Enhancement Program contingent upon acceptance of payments by that program or by
implementing other load offsetting measures contingent upon approval by the Division, either of
which shall meet the requirements of Rule 15A NCAC 02B .0282.
(i) Association members shall be deemed in compliance with their individual limits in the association
NPDES permit for any calendar year in which the association is in compliance with its group limit
for that nutrient. If the association fails to meet its limit, the association and the members that
have failed to meet their individual nutrient limits in the association NPDES permit shall be
deemed out of compliance with the association NPDES permit.

History Note: Authority G.S. 143-214.1; 143-214.5; 143-215; 143-215.1; 143-215.3(a)(1); 143-215B; 143B-282(c);
143B-282(d); S.L. 2005-190; S.L. 2006-259;
Eff. January 15, 2011 (this permanent rule replaces the temporary rule approved by the RRC on December
16, 2010).

15A NCAC 02B .0280 FALLS RESERVOIR WATER SUPPLY NUTRIENT STRATEGY: AGRICULTURE
This Rule sets forth a staged process, as prefaced in 15A NCAC 02B .0275, by which agricultural operations in the Falls
watershed will collectively limit their nitrogen and phosphorus loading to the Falls Reservoir. This process is as follows:
(1) PURPOSE. The purposes of this Rule are to achieve and maintain the percentage reduction objectives
defined in 15A NCAC 02B .0275 for the collective agricultural loading of nitrogen and phosphorus from
their respective 2006 baseline levels, to the extent that best available accounting practices will allow, in two
stages. Stage I shall be 10 years and Stage II shall be 15 years, as set out in Item (5) of this Rule.
Additionally this Rule will protect the water supply uses of the Falls Reservoir.
(2) PROCESS. This Rule requires accounting for agricultural land management practices at the county level in
the Falls watershed, and implementation of practices by farmers to collectively achieve the nutrient
reduction objectives on a watershed 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 Local Advisory Committees will
develop strategies, coordinate activities, and account for progress.
(3) LIMITATION. This Rule does not fully address significant agricultural nutrient sources in that it does not
directly address atmospheric sources of nitrogen to the Falls watershed from agricultural operations located
both within and outside of the Falls watershed. As better information becomes available from ongoing
research on atmospheric nitrogen loading to the Falls 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 objectives of the Falls Nutrient Strategy.
(4) APPLICABILITY. This Rule shall apply to all persons engaging in agricultural operations in the Falls
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 shall not apply to dedicated land application sites permitted under 15A NCAC 02T .1100.
This Rule does not require specific actions by any individual person or operation if agriculture in the Falls
watershed can collectively achieve its Stage I nutrient reduction objectives, in the manner described in Item
(5) of this Rule, by calendar year 2020. If the Stage I nutrient reduction objectives are not met by calendar
year 2020, Stage II of implementation shall require specific actions by individuals and operations. 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) Five 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.
(5) METHOD FOR RULE IMPLEMENTATION. This Rule shall be implemented in two stages and through
a cooperative effort between the Watershed Oversight Committee and Local Advisory Committees in each
county. The membership, roles and responsibilities of these committees are set forth in Items (7) and (8) of
this Rule. Committee's activities shall be guided by the following:
(a) In Stage I, agriculture shall achieve a collective 20 percent reduction in nitrogen loading and a 40
percent reduction in phosphorus loading relative to the 2006 baseline by calendar year 2020.
(b) In Stage II, beginning in calendar year 2021 agriculture shall achieve a collective 40 percent
reduction in nitrogen loading and a 77 percent reduction in phosphorus loading relative to the
2006 baseline by calendar year 2035.
(c) By January 15, 2013, the Watershed Oversight Committee shall provide the Commission with an
initial assessment of the extent to which agricultural operations in the Falls watershed have
achieved the Stage I nitrogen and phosphorus reduction objectives identified in Item (1) of this
rule through activities conducted since the baseline period. The Watershed Oversight Committee
shall use the accounting process described in Items (7) and (8) of this rule to make its assessment.
(d) If annual reporting following the 10th year of implementation indicates that agriculture has not
collectively achieved its Stage I nitrogen and phosphorus reduction objectives identified in this
Item, Stage II shall include specific implementation requirements for individual operators.
Specifically, within five years of the start of Stage II, cropland operators shall establish vegetated
riparian buffers adjacent to streams on all cropland where such buffers do not already exist.
Additionally, pastured livestock operators shall establish excluded vegetated riparian buffers
adjacent to streams where such excluded buffers do not already exist. Streams to which these
requirements apply shall be those that meet the classification of intermittent or perennial streams
using the September 2010 version of the Identification Methods for the Origins of Intermittent
and Perennial Streams Manual published by the Division. Existing and newly established
riparian buffers shall be a minimum of 20 feet in width with criteria further defined by the
Watershed Oversight Committee.
The Commission may also consider alternative recommendations from the Watershed Oversight
Committee based on the Committee's assessment of the practicability of agricultural operations
meeting the Stage I objectives. Should the Commission accept some alternative form of
individual compliance, then it shall also subsequently approve a framework proposed by the
Watershed Oversight Committee for allowing producers to obtain credit through offsite measures.
Such offsite measures shall meet the requirements of 15A NCAC 02B .0282.
(e) Should a committee called for under Item (5) of this Rule not form nor follow through on its
responsibilities such that a local strategy is not implemented in keeping with Item (8) of this Rule,
the Commission shall require all persons subject to this Rule in the affected area to implement
BMPs as needed to meet the objectives of this Rule.
(6) RULE REQUIREMENTS FOR INDIVIDUAL OPERATIONS. Persons subject to this Rule shall adhere
to the following requirements:
(a) Persons subject to this Rule shall register their operations with their Local Advisory Committee
according to the requirements of Item (8) of this Rule;
(b) Persons are not required to implement any specific BMPs in Stage I, with the exception of Sub-
Item (d) of this Item, but may elect to contribute to the collective local nutrient strategy by
implementing any BMPs they choose that are recognized by the Watershed Oversight Committee
as nitrogen-reducing or phosphorus-reducing BMPs;
(c) The Division shall require that residuals application, animal waste application, and surface
irrigation pursuant to permits issued under 15A NCAC 02T .1100, 15A NCAC 02T .1300, and
15A NCAC 02T .0500 respectively, to lands within the Falls watershed be done in a manner that
minimizes the potential for nitrogen and phosphorus loading to surface waters by implementing
the following measures:
(i) Animal waste application operators subject to t the permitting requirements in this Sub-
item shall meet Realistic Yield Expectation based nitrogen application rates and shall
apply phosphorus in compliance with guidance established in the most recent version of
North Carolina Agricultural Research Service's Technical Bulletin 323, "North Carolina
Phosphorus Loss Assessment: I Model Description and II. Scientific Basis and
Supporting Literature" developed by the Department of Soil Science and Biological and
Agricultural Engineering at North Carolina State University. The Division shall modify
all existing permits for affected lands to include these requirements upon their next
renewal after effective date, and shall include these requirements in all new permits
issued after effective date. Permittees shall be required to comply with this condition
upon permit issuance or renewal as applicable; and
(ii) Residual application and surface irrigation operators subject to the permitting
requirements in this Sub-item shall meet Realistic Yield Expectation based nitrogen
application rates and shall conduct and provide to the Division annual assessments of
their soil test phosphorus index results and phosphorus loading rates. At such time as
data quantifying the fate and transport of chemically bound phosphorus are made
available, the Division may make recommendations to the Commission to consider
whether revisions to the requirements of this Rule are needed and may initiate
rulemaking or any other action allowed by law.
(d) Should a local strategy not achieve its Stage I objectives by calendar year 2020; operations within
that local area shall face specific implementation requirements, as described under Sub-Item
(5)(d) of this Rule.
(7) WATERSHED OVERSIGHT COMMITTEE. The Watershed Oversight Committee shall have the
following membership, role and responsibilities:
(a) MEMBERSHIP. The Director shall be responsible for forming a Watershed Oversight
Committee by March 15, 2011. Until such time as the Commission determines that long-term
maintenance of the nutrient loads is assured, the Director shall either reappoint members or
replace members at least every six years. The Director shall solicit nominations for membership
on this Committee to represent each of the following interests, and shall appoint one nominee to
represent each interest except where a greater number is noted. The Director of the Division of
Water Quality may appoint a replacement at any time for an interest in Sub-Items (7)(a)(vi)
through (7)(a)(x) of this Rule upon request of representatives of that interest or by the request of
the Commissioner of Agriculture:
(i) Division of Soil and Water Conservation;
(ii) United States Department of Agriculture-Natural Resources Conservation Service (shall
serve in an "ex-officio" non-voting capacity and shall function as a technical program
advisor to the Committee);
(iii) North Carolina Department of Agriculture and Consumer Services;
(iv) North Carolina Cooperative Extension Service;
(v) Division of Water Quality;
(vi) Three environmental interests, at least two of which are residents of the Falls watershed;
(vii) General farming interests;
(viii) Pasture-based livestock interests;
(ix) Equine livestock interests;
(x) Cropland farming interests; and
(xi) The scientific community with experience related to water quality problems in the Falls
watershed.
(b) ROLE. The Watershed Oversight Committee shall:
(i) Develop tracking and accounting methods for nitrogen and phosphorus loading and
submit methods to the Water Quality Committee of the Commission for approval based
on the standards set out in Sub-Item (7)(c) of this Rule by March 15, 2012;
(ii) Identify and implement future refinements to the accounting methods as needed to
reflect advances in scientific understanding, including establishment or refinement of
nutrient reduction efficiencies for BMPs;
(iii) By January 15, 2013, collect data needed to conduct initial nutrient loading accounting
for the baseline period and the most current year feasible, perform this accounting, and
determine the extent to which agricultural operations have achieved the Stage I nitrogen
loading objective and phosphorus loading trend indicators for the watershed and present
findings to the Water Quality Committee of the Commission;
(iv) Review, approve, and summarize local nutrient strategies if required pursuant to Sub-
Item (5)(d) of this Rule and according to the timeframe identified in Sub-Item (8)(c)(ii)
of this Rule. Provide these strategies to the Division;
(v) Establish requirements for, review, approve and summarize local nitrogen and
phosphorus loading annual reports as described under Sub-Item (8)(e) of this Rule, and
present the report to the Division annually, until such time as the Commission
determines that annual reports are no longer needed to fulfill the purposes of Rule.
Present a report in January 2014 to the Commission. Should that report find that
agriculture in the watershed has not met its collective nitrogen or phosphorus objective,
include an assessment in that report of the practicability of producers achieving the Stage
I objective by calendar year 2020, and recommendations to the Commission as deemed
appropriate;
(vi) Obtain nutrient reduction efficiencies for BMPs from the scientific community
associated with design criteria identified in rules adopted by the Soil and Water
Conservation Commission, including 15A NCAC 06E .0104 and 15A NCAC 06F .0104;
and
(vii) Investigate and, if feasible, develop an accounting method to equate implementation of
specific nutrient-reducing practices on cropland or pastureland to reductions in nutrient
loading delivered to streams;
(viii) Quantify the nitrogen and phosphorus credits generated by such practices for the purpose
of selling or buying credits; establish criteria and a process as needed for the exchange
of nutrient credits between parties subject to this rule with each other or with parties
subject to other nutrient strategy rules in the Falls lake watershed pursuant to the
requirements of 15A NCAC 02B .0282; obtain approval from the Division for this
trading program pursuant to the requirements of Rule .0282; approve eligible trades; and
ensure that such credits traded for purposes of meeting this Rule are accounted for and
tracked separately from those contributing to the objectives of other rules of the Falls
nutrient strategy.
(c) ACCOUNTING METHODS. Success in meeting this Rule's purpose will be gauged by
estimating percentage changes in nitrogen loading from agricultural lands in the Falls watershed
and by evaluating broader trends in indicators of phosphorus loading from agricultural lands in
the Falls watershed. The Watershed Oversight Committee shall develop accounting methods that
meet the following requirements:
(i) The nitrogen method shall estimate baseline and annual total nitrogen loading from
agricultural operations in each county and for the entire Falls watershed;
(ii) The nitrogen and phosphorus methods shall include a means of tracking implementation
of BMPs, including number, type, and area affected;
(iii) The nitrogen method shall include a means of estimating incremental nitrogen loading
reductions from actual BMP implementation and of evaluating progress toward and
maintenance of the nutrient objectives from changes in BMP implementation,
fertilization, individual crop acres, and agricultural land use acres;
(iv) The nitrogen and phosphorus methods shall be refined as research and technical
advances allow;
(v) The phosphorus method shall quantify baseline values for and annual changes in factors
affecting agricultural phosphorus loading as identified by the phosphorus technical
advisory committee established under 15A NCAC 02B .0256(f)(2)(C). The method
shall provide for periodic qualitative assessment of likely trends in agricultural
phosphorus loading from the Falls watershed relative to baseline conditions;
(vi) Phosphorus accounting may also include a scientifically valid, survey-based sampling of
farms in the Falls watershed for the purpose of conducting field-scale phosphorus
loading assessments and extrapolating phosphorus loading for the Falls watershed for the
baseline period and at periodic intervals; and
(vii) Aspects of pasture-based livestock operations that potentially affect nutrient loading and
are not captured by the accounting methods described above shall be accounted for in
annual reporting to the extent that advances in scientific understanding reasonably allow.
Such accounting shall, at a minimum, quantify changes in the extent of livestock-related
nutrient controlling BMPs. Progress may be judged based on percent change in the
extent of implementation relative to percentage objectives identified in Item (5) of this
Rule.
(8) LOCAL ADVISORY COMMITTEES. Local Advisory Committees shall be formed for each county within
the watershed by January 15, 2012, and shall have the following membership, roles, and responsibilities:
(a) MEMBERSHIP. A Local Advisory Committee shall be appointed as provided for in this Item. It
shall terminate upon a finding by the Commission that it is no longer needed to fulfill the purposes
of this Rule. Each Local Advisory Committee shall consist of:
(i) One representative of the county Soil and Water Conservation District;
(ii) One representative of the county office of the United States Department of Agriculture
Natural Resources Conservation Service;
(iii) One representative of the North Carolina Department of Agriculture and Consumer
Services;
(iv) One representative of the county office of the North Carolina Cooperative Extension
Service;
(v) One representative of the North Carolina Division of Soil and Water Conservation
whose regional assignment includes the county;
(vi) At least two farmers who reside in the county; and
(vii) One representative of equine livestock interests.
(b) APPOINTMENT OF MEMBERS. The Director of the Division of Water Quality and the
Director of the Division of Soil and Water Conservation of the Department of Environment and
Natural Resources shall appoint members described in Sub-Items (8)(a)(i), (8)(a)(ii), (8)(a)(iv),
and (8)(a)(v) of this Rule. The Director of the Division of Water Quality, with recommendations
from the Director of the Division of Soil and Water Conservation and the Commissioner of
Agriculture, shall appoint the members described in Sub-Items (8)(a)(iii) and (8)(a)(vi) of this
Rule from persons nominated by nongovernmental organizations whose members produce or
manage agricultural commodities in each county. Members of the Local Advisory Committees
shall serve at the pleasure of their appointing authorities.
(c) ROLE. The Local Advisory Committees shall:
(i) Conduct a registration process for persons subject to this Rule. This registration process
shall be completed by January 15, 2012. The registration process shall request at a
minimum the type and acreage of agricultural operations. It shall provide persons with
information on requirements and options under this Rule, and on available technical
assistance and cost share options;
(ii) Develop local nutrient control strategies for agricultural operations, pursuant to Sub-
Item (8)(d) of this Rule, to meet the nitrogen and phosphorus objectives of this Rule.
Strategies shall be submitted to the Watershed Oversight Committee by July 2012;
(iii) Ensure that any changes to the design of the local strategy will continue to meet the
nutrient objectives of this Rule; and
(iv) Submit reports to the Watershed Oversight Committee, pursuant to Sub-Item (8)(e) of
this Rule, annually beginning in calendar year 2012 until such time as the Commission
determines that annual reports are no longer needed to fulfill the purposes of this Rule.
(d) LOCAL NUTRIENT CONTROL STRATEGIES. Local Advisory Committees shall develop
nutrient control strategies. If a Local Advisory Committee fails to submit a nutrient control
strategy required in Sub-Item (8)(c)(ii) of this Rule, the Commission may develop one based on
the accounting methods that it approves pursuant to Sub-Item (7)(b)(i) of this Rule. Local
strategies shall meet the following requirements:
(i) Local nutrient control strategies shall be designed to achieve the required nitrogen
loading reduction objectives and qualitative trends in indicators of agricultural
phosphorus loading by calendar year 2020, and to maintain those reductions in
perpetuity or until such time as this rule is revised to modify this requirement; and
(ii) Local nutrient control strategies shall specify the numbers, acres, and types of all
agricultural operations within their areas, numbers of BMPs that will be implemented by
enrolled operations and acres to be affected by those BMPs, estimated nitrogen and
phosphorus loading reductions, schedule for BMP implementation, and operation and
maintenance requirements.
(e) ANNUAL REPORTS. The Local Advisory Committees shall be responsible for submitting
annual reports for their counties to the Watershed Oversight Committee until such time as the
Commission determines that annual reports are no longer needed to fulfill the purposes of this
Rule. The Watershed Oversight Committee shall determine reporting requirements to meet these
objectives. Those requirements may include information on BMPs implemented by individual
farms, proper BMP operation and maintenance, BMPs discontinued, changes in agricultural land
use or activity, and resultant net nitrogen loading and phosphorus trend indicator changes. The
annual reports in 2016 and 2026 shall address agriculture's success in complying with the load
reduction requirements described in Items (5)(a) and (5)(b) of this Rule and shall include
adjustments to address deficiencies to achieve compliance.
(f) PROGRESS. In 2016 the Division of Water Quality, in consultation with the Watershed
Oversight Committee, shall submit a report to the Commission gauging the extent to which
reasonable progress has been achieved towards the Stage I objectives described in this Rule.

History Note: Authority G.S. 143-214.1; 143-214.3; 143-214.5; 143-214.7; 143-215.1; 143-215.3; 143-215.3(a)(1);
143-215.6A; 143-215.6B; 143-215.6C; 143-215.8B; 143B-282(c); 143B-282(d); S.L. 2005-190; S.L.
2006-259; S.L. 2009-337; S.L. 2009-486;
Eff. January 15, 2011 (this permanent rule replaces the temporary rule approved by the RRC on December
16, 2010).

15A NCAC 02B .0281 FALLS WATER SUPPLY NUTRIENT STRATEGY: STORMWATER REQUIREMENTS
FOR STATE AND FEDERAL ENTITIES
The following is the stormwater strategy, as prefaced in Rule 02B .0275, for the activities of state and federal entities within
the Falls watershed.
(1) PURPOSE. The purposes of this Rule are as follows.
(a) To achieve and maintain, on new non-road development lands, the nonpoint source nitrogen and
phosphorus percentage reduction objectives established for Falls Reservoir in 15A NCAC 02B
.0275 relative to the baseline period defined in Rule, to provide the highest practicable level of
treatment on new road development, and to achieve and maintain the percentage objectives on
existing developed lands by reducing loading from state-maintained roadways and facilities, and
from lands controlled by other state and federal entities in the Falls watershed;
(b) To ensure that the integrity and nutrient processing functions of receiving waters and associated
riparian buffers are not compromised by erosive flows from state-maintained roadways and
facilities and from lands controlled by other state and federal entities in the Falls watershed; and
(c) To protect the water supply, aquatic life, and recreational uses of Falls Reservoir.
(2) APPLICABILITY. This Rule shall apply to all existing and new development, both as defined in 15A
NCAC 02B .0276, that lies within or partially within the Falls watershed under the control of the NC
Department of Transportation (NCDOT), including roadways and facilities, and to all lands controlled by
other state and federal entities in the Falls watershed.
(3) NON-NCDOT REQUIREMENTS. With the exception of the NCDOT, all state and federal entities that
control lands within the Falls watershed shall meet the following requirements:
(a) For any new development proposed within their jurisdictions that would disturb one quarter acre
or more, non-NCDOT state and federal entities shall develop stormwater management plans for
submission to and approval by the Division;
(b) The non-NCDOT state or federal entity shall include measures to ensure maintenance of best
management practices (BMPs) implemented as a result of the provisions in Sub-Item (a) of this
Item for the life of the development; and
(c) A plan to ensure enforcement and compliance with the provisions in Sub-Item (4) of this Rule for
the life of the new development.
(4) PLAN APPROVAL REQUIREMENTS. A developer's stormwater plan shall not be approved unless the
following criteria are met:
(a) Nitrogen and phosphorus loads contributed by the proposed new development activity shall not
exceed the following unit-area mass loading rates for nitrogen and phosphorus, respectively,
expressed in units of pounds/acre/year: 2.2 and 0.33. Proposed development that would replace
or expand structures or improvements that existed as of December 2006, the end of the baseline
period, and that would not result in a net increase in built-upon area shall not be required to meet
the nutrient loading targets or high-density requirements except to the extent that the developer
shall provide stormwater control at least equal to the previous development. Proposed
development that would replace or expand existing structures or improvements and would result
in a net increase in built-upon area shall have the option either to achieve at least the percentage
loading reduction objectives stated in 15A NCAC 02B .0275 as applied to nitrogen and
phosphorus loading from the previous development for the entire project site, or to meet the
loading rate targets described in this item. These requirements shall supersede those identified in
15A NCAC 02B .0104(q). The developer shall determine the need for engineered stormwater
controls to meet these loading rate targets by using the loading calculation method called for in
Sub-Item (4)(a) of 15A NCAC 02B .0277 or other equivalent method acceptable to the Division;
(b) The developer shall have the option of offsetting part of their nitrogen and phosphorus loads by
implementing or funding offsite offset measures. Before using an offsite offset option, a
development shall implement onsite structural stormwater controls that achieve one of the
following levels of reductions:
(i) Proposed new development activity disturbing at least one quarter acre but less than one
acre of land, except as stated in this Item, shall achieve 30 percent or more of the needed
load reduction in both nitrogen and phosphorus loading onsite and shall meet any
requirements for engineered stormwater controls described in this item;
(ii) Except as stated in this Item, proposed new development activity that disturbs one acre
of land or more shall achieve 50 percent or more of the needed load reduction in both
nitrogen and phosphorus loading onsite and shall meet any requirements for engineered
stormwater controls described in this Item; or
(iii) Proposed development that would replace or expand structures or improvements that
existed as of December 2006, the end of the baseline period, and that increases
impervious surface within a designated downtown area, regardless of area disturbed,
shall achieve 30 percent of the needed load reduction in both nitrogen and phosphorus
onsite, and shall meet any requirements for engineered stormwater controls described in
this Item;
(c) Offsite offsetting measures shall achieve at least equivalent reductions in nitrogen and phosphorus
loading to the remaining reduction needed onsite to comply with the loading rate targets set out in
this Item. A developer may use any measure that complies with the requirements of Rules .0240
and .0282 of this Section;
(d) Proposed new development subject to NPDES, water supply, and other state-mandated
stormwater regulations shall comply with those regulations and with applicable permit limits in
addition to the other requirements of this sub-item. Proposed new development in any water
supply watershed in the Falls watershed designated WS-II, WS-III, or WS-IV shall comply with
the density-based restrictions, obligations, and requirements for engineered stormwater controls,
clustering options, operation and maintenance responsibilities, vegetated setbacks, land
application, and landfill provisions described in Sub-Items (3)(b)(i) and (3)(b)(ii) of the
applicable rule among 15A NCAC 02B .0214 through .0216. Provided, the allowance in water
supply watershed rules for 10 percent of a jurisdiction to be developed at up to 70 percent built-
upon area without stormwater treatment shall not be available in the Falls watershed;
(e) Stormwater systems shall be designed to control and treat at a minimum the runoff generated from
all surfaces in the project area by one inch of rainfall. The treatment volume shall be drawn down
pursuant to standards specific to each practice as provided in the July 2007 version of the
Stormwater Best Management Practices Manual published by the Division, or other at least
technically equivalent standards acceptable to the Division;
(f) To ensure that the integrity and nutrient processing functions of receiving waters and associated
riparian buffers are not compromised by erosive flows, at a minimum, the new development shall
not result in a net increase in peak flow leaving the site from pre-development conditions for the
one-year, 24-hour storm event;
(g) New development may satisfy the requirements of this Rule by meeting the post-development
hydrologic criteria set out in Chapter 2 of the North Carolina Low Impact Development
Guidebook dated June 2009, or the hydrologic criteria in the most recent version of that
guidebook; and
(h) Proposed new development shall demonstrate compliance with the riparian buffer protection
requirements of 15A NCAC 02B .0233 and .0242.
(5) NON-NCDOT STAGED AND ADAPTIVE IMPLEMENTATION REQUIREMENTS. For existing
development, non-NCDOT state and federal entities shall develop and implement staged load reduction
programs for achieving and maintaining nutrient load reductions from existing development based on the
standards set out in this Item. Such entities shall submit these load-reducing programs for approval by the
Commission that include the following staged elements and meet the minimum standards for each stage of
implementation:
(a) In Stage I, entities subject to this rule shall implement a load reduction program that provides
estimates of, and plans for offsetting by calendar year 2020, nutrient loading increases from lands
developed subsequent to the baseline (2006) and not subject to the requirements of the Falls Lake
new development stormwater program. For these existing developed lands, the current loading
rate shall be compared to the loading rate for these lands prior to development for the acres
involved, and the difference shall constitute the load reduction need in annual mass load, in
pounds per year. Alternatively, a state or federal entity may assume uniform pre-development
loading rates of 2.89 pounds per acre per year N and 0.63 pounds per acre per year P for these
lands. The entity shall achieve this stage one load reduction by calendar year 2020. This Stage I
program shall meet the criteria defined in Item (4) of 15A NCAC 02B.0278; and
(b) By January 15, 2021, and every five years thereafter, a state or federal entity located in the Upper
Falls Watershed as defined in Item (11) of 15A NCAC 02B .0276 shall submit and begin
implementing a Stage II load reduction program or revision designed to achieve the percent load
reduction objectives from existing developed lands under its control, that includes timeframes for
achieving these objectives and that meets the criteria defined in Items (5) and (6) of this Rule.
(6) ELEMENTS OF NON-NCDOT LOAD REDUCTION PROGRAMS. A non-NCDOT state or federal
entity load reduction program shall address the following elements:
(a) State and federal entities in the Eno River and Little River subwatersheds shall, as part of their
Stage I load reduction programs, begin and continuously implement a program to reduce loading
from discharging sand filters and malfunctioning septic systems owned or used by state or federal
agencies discharging into waters of the State within those subwatersheds;
(b) State and federal entities in any Falls subwatershed in which chlorophyll a levels have exceeded
40 ug/L in more than seventy-five percent of the monitoring events in any calendar year shall, as
part of their Stage I load reduction programs, begin and continuously implement a program to
reduce nutrient loading into the waters of the State within that subwatersheds;
(c) The total amount of nutrient loading reductions in Stage I is not increased for state and federal
entities by the requirements to add specific program components to address loading from
malfunctioning septic systems and discharging sand filters or high nutrient loading levels pursuant
to Sub-Items (a) and (b) of this Item;
(d) In preparation for implementation of their Stage I and Stage II load reduction programs, state and
federal entities shall develop inventories and characterize load reduction potential to the extent
that accounting methods allow for the following:
(i) Wastewater collection systems;
(ii) Discharging sand filter systems, including availability of or potential for central sewer
connection;
(iii) Properly functioning and malfunctioning septic systems;
(iv) Restoration opportunities in utility corridors;
(v) Fertilizer management plans for state and federally owned lands;
(vi) Structural stormwater practices, including intended purpose, condition, potential for
greater nutrient control; and
(vii) Wetlands and riparian buffers including potential for restoration opportunities.
(e) A state or federal entities load reduction need shall be based on the developed lands owned or
used by the state or federal entity within the Falls watershed;
(f) Nitrogen and phosphorous loading from existing developed lands, including loading from onsite
wastewater treatment systems to the extent accounting methods allow, shall be calculated by
applying the accounting tool described in Item (13) and shall quantify baseline loads of nitrogen
and phosphorus to surface waters from the lands under the entity's control as well as loading
changes post-baseline. It shall also calculate target nitrogen and phosphorus loads and
corresponding reduction needs;
(g) Nitrogen and phosphorus loading from existing developed lands, including loading from onsite
wastewater treatment systems to the extent accounting methods allow, shall be calculated by
applying the accounting too described in Item (13) of this Rule and shall quantify baseline loads
of nitrogen and phosphorus to surface waters from state and federal entities as well as loading
changes post-baseline. It shall calculate target nitrogen and phosphorus loads and corresponding
load reduction needs;
(h) The Commission shall recognize reduction credit for implementation of policies and practices
implemented after January 1, 2007 and before January 15, 2011, to reduce runoff and discharge of
nitrogen and phosphorus per Session Law 2009-486. The load reduction program shall identify
specific load-reducing practices implemented subsequent to the baseline period and for which the
entity is seeking credit. It shall estimate load reductions for these practices and their anticipated
duration using methods provided for in Item (13);
(i) The program shall include a proposed implementation schedule that includes annual
implementation expectations. The load reduction program shall identify the types of activities the
state or federal entity intends to implement and types of existing development affected, relative
proportions or prioritization of practices, relative magnitude of reductions it expects to achieve
from each, and the relative costs and efficiencies of each activity to the extent information is
available. The program shall identify the duration of anticipated loading reductions, and may seek
activities that provide long-term reductions;
(j) The load reduction program shall identify anticipated funding mechanisms or sources and discuss
steps taken or planned to secure such funding;
(k) The program shall address the extent of load reduction opportunities intended from the following
types of lands:
(i) Lands owned or otherwise controlled by the state or federal entity; and
(ii) Lands other than those on which the entity's load reduction need is based as described in
this Item, including lands both within and outside its jurisdiction and third party sellers.
(l) The program shall address the extent of load reduction proposed from, at a minimum, the
following stormwater and ecosystem restoration activities:
(i) Bioretention;
(ii) Constructed wetland;
(iii) Sand filter;
(iv) Filter Strip;
(v) Grassed swale;
(vi) Infiltration device;
(vii) Extended dry detention;
(viii) Rainwater harvesting system;
(ix) Treatment of Redevelopment;
(x) Overtreatment of new development;
(xi) Removal of impervious surface;
(xii) Retrofitting treatment into existing stormwater ponds;
(xiii) Off-line regional treatment systems;
(xiv) Wetland or riparian buffer restoration; and
(xv) Reforestation with conservation easement or other protective covenant.
(m) The program shall evaluate the load reduction potential from the following wastewater activities:
(i) Creation of surplus relative to an allocation established in 15A NCAC 02B .0279;
(ii) Expansion of surplus allocation through regionalization;
(iii) Connection of discharging sand filters and malfunctioning septic systems to central
sewer or replacement with permitted non-discharge alternatives;
(iv) Removal of illegal discharges; and
(v) Improvement of wastewater collection systems.
(n) A state or federal entity may propose in its load reduction program the use of the following
measures in addition to items listed in (l) and (m), or may propose other measures for which it can
provide equivalent accounting methods acceptable to the Division:
(i) Redirecting runoff away from impervious surfaces;
(ii) Soil amendments;
(iii) Stream restoration;
(iv) Improved street sweeping; and
(v) Source control, such as waste and fertilizer controls.
(o) The program shall include evaluation of load reduction potential relative to the following factors:
(i) Extent of physical opportunities for installation;
(ii) Landowner acceptance;
(iii) Incentive and education options for improving landowner acceptance;
(iv) Existing and potential funding sources and magnitudes;
(v) Practice cost-effectiveness (e.g., cost per pound of nutrient removed);
(vi) Increase in per capita cost of a non-NCDOT state or federal entity's stormwater
management program to implement the program;
(vii) Implementation rate without the use of eminent domain; and
(viii) Need for and projected role of eminent domain.
(7) The Commission shall approve a non-NCDOT Stage I load reduction program if it meets the requirements
of Items (5) and (6) of this Rule. The Commission shall approve a Stage II load reduction program if it
meets the requirements of Items (5) and (6) of this Rule unless the Commission finds that the local non-
NCDOT state or federal entity can, through the implementation of reasonable and cost-effective measures
not included in the proposed program, meet the Stage II nutrient load reductions required by this Rule by a
date earlier than that proposed by the non-NCDOT state or federal entity. If the Commission finds that
there are additional or alternative reasonable and cost-effective measures, the Commission may require the
non-NCDOT state or federal entity to modify its proposed program to include such measures to achieve the
required reductions by the earlier date. If the Commission requires such modifications, the non-NCDOT
state or federal entity shall submit a modified program within two months. The Division shall recommend
that the Commission approve or disapprove the modified program within three months after receiving the
modified program. In determining whether additional or alternative load reduction measures are reasonable
and cost effective, the Commission shall consider factors including, but not limited to those identified in
Sub-Item (6)(o) of this Rule. The Commission shall not require additional or alternative measures that
would require a non-NCDOT state or federal entity to:
(a) Install a new stormwater collection system in an area of existing development unless the area is
being redeveloped; or
(b) Reduce impervious surfaces within an area of existing development unless the area is being
redeveloped.
(8) A non-NCDOT state or federal entity shall have the option of working with the county or counties in which
it falls, or with a municipality or municipalities within the same subwatershed, to jointly meet the loading
targets from all lands within their combined jurisdictions within a subwatershed. The entity may utilize
private or third party sellers. All reductions involving trading with other parties shall meet the
requirements of 15A NCAC 02B .0282.
(9) NCDOT REQUIREMENTS. The NCDOT shall develop a single Stormwater Management Program that
will be applicable to the entire Falls watershed and submit this program for approval by the Division
according to the standards set forth below. In addition, the program shall, at a minimum, comply with
NCDOT's then-current stormwater permit. This program shall:
(a) Identify NCDOT stormwater outfalls from Interstate, US, and NC primary routes;
(b) Identify and eliminate illegal discharges into the NCDOT's stormwater conveyance system;
(c) Establish a program for post-construction stormwater runoff control for new development,
including new and widening NCDOT roads and facilities. The program shall establish a process
by which the Division shall review and approve stormwater designs for new NCDOT
development projects. The program shall delineate the scope of vested projects that would be
considered as existing development, and shall define lower thresholds of significance for activities
considered new development. In addition, the following criteria shall apply:
(i) For new and widening roads, weigh stations, and replacement of existing bridges,
compliance with the riparian buffer protection requirements of Rules 15A NCAC 02B
.0233 and .0242 shall be deemed as compliance with the purposes of this Rule;
(ii) New non-road development shall achieve and maintain the nitrogen and phosphorus
percentage load reduction objectives established in 15A NCAC 02B .0275 relative to
either area-weighted average loading rates of all developable lands as of the baseline
period defined in 15A NCAC 02B .0275, or to project-specific pre-development loading
rates. Values for area-weighted average loading rate targets for nitrogen and
phosphorus, respectively, are expressed in units of pounds per acre per year: 2.2 and
0.33. The NCDOT shall determine the need for engineered stormwater controls to meet
these loading rate targets by using the loading calculation method called for in Item (13)
of this Rule or other equivalent method acceptable to the Division. Where stormwater
treatment systems are needed to meet these targets, they shall be designed to control and
treat the runoff generated from all surfaces by one inch of rainfall. Such systems shall be
assumed to achieve the nutrient removal efficiencies identified in the July 2007 version
of the Stormwater Best Management Practices Manual published by the Division
provided that they meet associated drawdown and other design specifications included in
the same document. The NCDOT may propose to the Division nutrient removal rates
for practices currently included in the BMP Toolbox required under its NPDES
stormwater permit, or may propose revisions to those practices or additional practices
with associated nutrient removal rates. The NCDOT may use any such practices
approved by the Division to meet loading rate targets identified in this Sub-item. New
non-road development shall also control runoff flows to meet the purpose of this Rule
regarding protection of the nutrient functions and integrity of receiving waters; and
(iii) For new non-road development, the NCDOT shall have the option of offsetting part of
their nitrogen and phosphorus loads by implementing or funding offsite management
measures. Before using an offsite offset option, a development shall implement
structural stormwater controls that achieve 50 percent or more of the needed load
reduction in both nitrogen and phosphorus loading onsite and shall meet any
requirements for engineered stormwater controls described in this Item. Offsite
offsetting measures shall achieve at least equivalent reductions in nitrogen and
phosphorus loading to the remaining reduction needed onsite to comply with the loading
rate targets set out in this Item. The NCDOT may use any measure that complies with
the requirements of Rules .0240 and .0282 of this Section.
(d) Establish a program to identify and implement load-reducing opportunities on existing
development within the watershed. The long-term objective of this effort shall be for the NCDOT
to achieve the nutrient load objectives in 15A NCAC 02B .0275 as applied to existing
development under its control, including roads and facilities:
(i) The NCDOT may achieve the nutrient load reduction objective in 15A NCAC 02B
.0275 for existing roadway and non-roadway development under its control by the
development of a load reduction program that addresses both roadway and non-roadway
development in the Falls watershed. As part of the accounting process described in Item
(13) of this Rule, baseline nutrient loads shall be established for roadways and industrial
facilities using stormwater runoff nutrient load characterization data collected through
the National Pollutant Discharge Elimination System (NPDES) Research Program under
NCS0000250 Permit Part II Section G;
(ii) The program shall include estimates of, and plans for offsetting, nutrient load increases
from lands developed subsequent to the baseline period but prior to implementation of
its new development program. It shall include a technical analysis that includes a
proposed implementation rate and schedule. This schedule shall provide for
proportionate annual progress toward reduction objectives as practicable throughout the
proposed compliance period. The program shall identify the types of activities NCDOT
intends to implement and types of existing roadway and non-roadway development
affected, relative proportions or a prioritization of practices, and the relative magnitude
of reductions it expects to achieve from each;
(iii) The program to address roadway and non-roadway development may include stormwater
retrofits and other load reducing activities in the watershed including: illicit discharge
removal; street sweeping; source control activities such as fertilizer management at
NCDOT facilities; improvement of existing stormwater structures; use of rain barrels
and cisterns; stormwater capture and reuse; and purchase of nutrient reduction credits;
(iv) NCDOT may meet minimum implementation rate and schedule requirements by
implementing a combination of at least six stormwater retrofits per year for existing
development in the Falls watershed or some other minimum amount based on more
accurate reduction estimates developed during the accounting tool development process;
(v) To the maximum extent practicable, retrofits shall be designed to treat the runoff
generated from all surfaces by one inch of rainfall, and shall conform to the standards
and criteria established in the most recent version of the Division-approved NCDOT
BMP Toolbox required under NCDOT's NPDES stormwater permit. To establish
removal rates for nutrients for individual practices described in the Toolbox, NCDOT
shall submit technical documentation on the nutrient removal performance of BMPs in
the Toolbox for Division approval. Upon approval, NCDOT shall incorporate nutrient
removal performance data into the BMP Toolbox. If a retrofit is proposed that is not
described in the NCDOT BMP Toolbox, then to the maximum extent practicable, such
retrofit shall conform to the standards and criteria set forth in the July 2007 version of
the Stormwater Best Management Practices Manual published by the Division, or other
technically equivalent guidance acceptable to the Division;
(e) Initiate a "Nutrient Management Education Program" for NCDOT staff and contractors engaged
in the application of fertilizers on highway rights of way. The purpose of this program shall be to
contribute to the load reduction objectives established in 15A NCAC 02B .0275 through proper
application of nutrients, both inorganic fertilizer and organic nutrients, to highway rights of way in
the Falls watershed in keeping with the most current state-recognized technical guidance on
proper nutrient management; and
(f) Address compliance with the riparian buffer protection requirements of 15A NCAC 02B .0233
and .0242 through a Division approval process.
(10) NON-NCDOT RULE IMPLEMENTATION. For all state and federal entities that control lands within the
Falls watershed with the exception of the NCDOT, this Rule shall be implemented as follows:
(a) Upon Commission approval of the accounting methods required in Item (13) of this Rule, subject
entities shall comply with the requirements of Items (3) and (4) of this Rule;
(b) By July 15, 2013, the Division shall submit a Stage I model local program to the Commission for
approval that embodies the criteria described in Items (5) and (6) of this Rule. The Division shall
work in cooperation with subject state and federal entities and other watershed interests in
developing this model program, which shall include the following:
(i) Methods to quantify load reduction requirements and resulting load reduction
assignments for individual entities;
(ii) Methods to account for discharging sand filters, malfunctioning septic systems, and
leaking collection systems; and
(iii) Methods to account for load reduction credits from various activities;
(c) Within six months after the Commission's approval of the Stage I model local program, subject
entities shall submit load reduction programs that meet or exceed the requirements of Items (5)
and (6) of this Rule to the Division for review and preliminary approval and shall begin
implementation and tracking of measures to reduce nutrient loads from existing developed lands
owned or controlled by the responsible state or federal entity;
(d) Within 20 months of the Commission's approval of the Stage I model local program, the Division
shall provide recommendations to the Commission on existing development load reduction
programs. The Commission shall either approve the programs or require changes based on the
standards set out in Item (4) of this Rule. Should the Commission require changes, the applicable
state or federal entity shall have two months to submit revisions, and the Division shall provide
follow-up recommendations to the Commission within two months after receiving revisions;
(e) Within three months after the Commission's approval of a Stage I existing development load
reduction program, the affected entity shall complete adoption of and begin implementation of its
existing development Stage I load reduction program;
(f) Upon implementation of the programs required under Item (4) of this Rule, state and federal
entities subject to this Rule shall provide annual reports to the Division documenting their
progress in implementing those requirements within three months following each anniversary of
program implementation date until such time the Commission determines they are no longer
needed to ensure maintenance of reductions or that standards are protected. State and federal
entities shall indefinitely maintain and ensure performance of implemented load-reducing
measures;
(g) By January 15, 2021 and every five years thereafter until either accounting determines load
reductions have been achieved, standards are met, or the Commission takes other actions per 15A
NCAC 02B .0275, state and federal entities located in the upper Falls watershed as defined in
Item (3) of 15A NCAC 02B .0275 shall submit and begin implementation of Stage II load
reduction program or program revision to the Division. Within nine months after submittal, the
division shall make recommendations to the Commission on approval of these programs. The
Commission shall either approve the programs or require changes based on the standards set out
in this Rule. Should the Commission require changes, the applicable state or federal entity shall
submit revisions within two months, and the Division shall provide follow-up recommendations to
the Commission within three months after receiving revisions. Upon approval, the state or federal
entity shall adjust implementation based on its approved program;
(h) A state or federal entity may, at any time after commencing implementation of its load reduction
program, submit program revisions to the Division for approval based on identification of more
cost-effective strategies or other factors not originally recognized;
(i) Once either load reductions are achieved per annual reporting or water quality standards are met
in the lake per 15A NCAC 02B .0275, state and federal entities shall submit programs to ensure
no load increases and shall report annually per Sub-Item (10)(f) on compliance with no increases
and take additional actions as necessary; and
(j) Beginning January 2016 and every five years thereafter, the Division shall review the accounting
methods stipulated under Sub-Item (10)(a) to determine the need for revisions to those methods
and to loading reductions assigned using those methods. Its review shall include values subject to
change over time independent of changes resulting from implementation of this Rule, such as
untreated export rates that may change with changes in atmospheric deposition. It shall also
review values subject to refinement, such as nutrient removal efficiencies.
(11) NCDOT RULE IMPLEMENTATION. For the NCDOT, this Rule, shall be implemented as follows:
(a) By July 2013, the NCDOT shall submit the Stormwater Management Program for the Falls
watershed to the Division for approval. This Program shall meet or exceed the requirements in
Item (9) of this Rule;
(b) By January 15, 2014, the Division shall request the Commission's approval of the NCDOT
Stormwater Management Program;
(c) By January 15, 2014, the NCDOT shall implement the Commission-approved Stormwater
Management Program; and
(d) Upon implementation, the NCDOT shall submit annual reports to the Division summarizing its
activities in implementing each of the requirements in Item (9) of this Rule. This annual reporting
may be incorporated into annual reporting required under NCDOT's NPDES stormwater permit.
(12) RELATIONSHIP TO OTHER REQUIREMENTS. A party may in its program submittal request that the
Division accept its implementation of another stormwater program or programs, such as NPDES
stormwater requirements, as satisfying one or more of the requirements set forth in Items (4) or (5) of this
Rule. The Division shall provide determination on acceptability of any such alternatives prior to requesting
Commission approval of programs under this Rule. The party shall include in its program submittal
technical information demonstrating the adequacy of the alternative requirements.
(13) ACCOUNTING METHODS. By July 15, 2012, the Division shall submit a nutrient accounting framework
to the Commission for approval. This framework shall include tools for quantifying load reduction
assignments on existing development for parties subject to this Rule, load reduction credits from various
activities on existing developed lands, and a tool that will allow subject parties to account for loading from
new and existing development and loading changes due to BMP implementation. The Division shall work
in cooperation with subject parties and other watershed interests in developing this framework. The
Division shall periodically revisit these accounting methods to determine the need for revisions to both the
methods and to existing development load reduction assignments made using the methods set out in this
Rule. It shall do so no less frequently than every 10 years. Its review shall include values subject to
change over time independent of changes resulting from implementation of this Rule, such as untreated
export rates that may change with changes in atmospheric deposition. It shall also review values subject to
refinement, such as BMP nutrient removal efficiencies.

History Note: Authority G.S. 143-214.1; 143-214.3; 143-214.5; 143-214.7; 143-215.1; 143-215.3; 143-215.3(a)(1);
143-215.6A; 143-215.6B; 143-215.6C; 143-215.8B; 143B-282(c); 143B-282(d); S.L. 2005-190; S.L.
2006-259; S.L. 2009-337; S.L. 2009-486;
Eff. January 15, 2011 (this permanent rule replaces the temporary rule approved by the RRC on December
16, 2010).

15A NCAC 02B .0282 FALLS WATER SUPPLY NUTRIENT STRATEGY: OPTIONS FOR OFFSETTING
NUTRIENT LOADS
PURPOSE. This Rule provides parties subject to other rules within the Falls nutrient strategy with options for meeting rule
requirements by obtaining or buying credit for nutrient load-reducing activities conducted by others (sellers). It provides the
potential for parties who achieve excess load reductions under the Falls nutrient strategy to recover certain costs by selling
such credits, and it provides opportunity for third parties to produce reductions and sell credits. Overall it provides the
potential for more cost-effective achievement of strategy reduction objectives. Accounting is required to ensure and track the
availability and use of trading credits. This accounting will be compared against compliance accounting required under other
rules of the Falls nutrient strategy to ensure that crediting is properly accounted for. This Rule furthers the adaptive
management intent of the strategy to protect the water supply, aquatic life, and recreational uses of Falls Reservoir. The
minimum requirements for the exchange of load reduction credits are:
(1) PREREQUISITES. The following buyers shall meet applicable criteria identified here and in rules
imposing reduction requirements on them before utilizing the option outlined in this Rule:
(a) Agriculture Rule .0280: Owners of agricultural land shall receive approval from the Watershed
Oversight Committee to obtain offsite credit pursuant to the conditions of Sub-Item (7)(b)(vii) of
Rule .0280;
(b) New Development Rule .0277: Developers shall meet onsite reduction requirements enumerated
in Sub-Item (4)(b) of Rule .0277 before obtaining offsite credit;
(c) Wastewater Rule .0279: New and expanding dischargers shall first make all reasonable efforts to
obtain allocation from existing dischargers as stated in Sub-Items (7)(a)(ii) and (8)(a)(ii),
respectively of Rule .0279; and
(d) State and Federal Entities Stormwater Rule .0281:
(i) Non-DOT entities shall meet onsite new development reduction requirements
enumerated in Sub-Item (4)(b) of Rule .0281; and
(ii) NC DOT shall meet onsite non-road new development reduction requirements
enumerated in Sub-Item (9)(c) of Rule .0281 before obtaining offsite credit.
(2) The party seeking approval to sell load reduction credits pursuant to this Rule shall demonstrate to the
Division that such reductions meet the following criteria:
(a) Load reductions eligible for credit shall not include reductions that result from actions required to
mitigate nutrient load-increasing actions under any regulation, except where a rule in this Section
expressly allows such credit; and
(b) The party seeking to sell credits shall define the nature of the activities that would produce
reductions and define the magnitude and duration of those reductions to the Division, including
addressing the following items:
(i) Quantify and account for the relative uncertainties in reduction need estimates and load
reduction estimates;
(ii) Ensure that load reductions shall take place at the time and for the duration in which the
reduction need occurs; and
(iii) Demonstrate means adequate for assuring the achievement and claimed duration of load
reduction, including the cooperative involvement of any other involved parties;
(c) Geographic Restrictions. Eligibility to use load reductions as credit is based on the following
geographic criteria:
(i) Impacts in the upper Falls watershed as defined in Item (19) of 15A NCAC 02B .0276
may be offset only by load reductions achieved in the upper Falls watershed; and
(ii) Impacts in the lower Falls watershed as defined in Item (20) of 15A NCAC 02B .0276
shall be offset by load reductions achieved anywhere within the Falls watershed.
(3) The party seeking approval to sell load reduction credits shall provide for accounting and tracking methods
that ensure genuine, accurate, and verifiable achievement of the purposes of this Rule, and shall otherwise
meet the requirements of Rule .0240 of this Section, which establishes procedural requirements for nutrient
offset payments. The Division shall work cooperatively with interested parties at their request to develop
such accounting and tracking methods to support the requirements of Item (2) of this Rule.
(4) Local governments have the option of combining their reduction needs from NPDES dischargers assigned
allocations in 15A NCAC 02B .0279 and existing development as described in 15A NCAC 02B .0278,
including loads from properly functioning and malfunctioning septic systems and discharging sand filters,
into one reduction and allocation requirement and meet them jointly.
(5) Proposals for use of offsetting actions as described in this Rule shall become effective after determination
by the Director that the proposal contains adequate scientific or engineering standards or procedures
necessary to achieve and account for load reductions as required under Items (2) and (3) of this Rule, and
that specific accounting tools required for these purposes in individual rules have been adequately
established. In making this determination, the Director shall also evaluate the potential for load offset
elsewhere that results in localized adverse water quality impacts that contribute to impairment of classified
uses of the affected waters.
(6) A party seeking to purchase nutrient offset credit from the NC Ecosystem Enhancement Program or from a
public or private seller of reduction credit shall meet the applicable requirements of Rule .0240 of this
Section, which establishes procedural requirements for nutrient offset payments, in addition to applicable
requirements of this Rule. Requirements of Rule .0240 include, but are not limited to, the requirement for
non-governmental entities to purchase credit from a provider other than the NC Ecosystem Enhancement
Program if such credit is available.
(7) The Watershed Oversight Committee under Rule 15A NCAC 02B .0280 may satisfy the seller requirements
of Items (2) and (3) of this Rule and the trading provisions of Rule .0280 for individual agricultural land
owners by submitting to the Division for approval a trading program, or revisions to such a program, that
demonstrates how individual trades shall meet the requirements of this Rule and Rule .0280, and by
subsequently including in annual reports required under Rule .0280 separate tracking and accounting for
such trades.

History Note: Authority G S. 143-214.1; 1432-214.3;143-214.5; 143-214.7; 143-215.1; 1432-15.3; 143-215.3(a)(1);
143-215.6A; 143-215.6B; 143-215.6C; 143-215.8B; 143B-282(c); 143B-282(d); S.L. 2005-190; S.L.
2006-259; S.L. 2009-337; S.L. 2009-486;
Eff. January 15, 2011 (this permanent rule replaces the temporary rule approved by the RRC on December
16, 2010).

15A NCAC 02B .0283 RESERVED FOR FUTURE CODIFICATION

15A NCAC 02B .0284 RESERVED FOR FUTURE CODIFICATION

15A NCAC 02B .0285 RESERVED FOR FUTURE CODIFICATION

15A NCAC 02B .0286 RESERVED FOR FUTURE CODIFICATION

15A NCAC 02B .0287 RESERVED FOR FUTURE CODIFICATION

15A NCAC 02B .0288 RESERVED FOR FUTURE CODIFICATION

15A NCAC 02B .0289 RESERVED FOR FUTURE CODIFICATION

15A NCAC 02B .0290 RESERVED FOR FUTURE CODIFICATION

15A NCAC 02B .0291 RESERVED FOR FUTURE CODIFICATION

15A NCAC 02B .0292 RESERVED FOR FUTURE CODIFICATION

15A NCAC 02B .0293 RESERVED FOR FUTURE CODIFICATION

15A NCAC 02B .0294 RESERVED FOR FUTURE CODIFICATION

15A NCAC 02B .0295 MITIGATION PROGRAM REQUIREMENTS FOR PROTECTION AND
MAINTENANCE OF RIPARIAN BUFFERS
(a) PURPOSE. The purpose of this Rule is to set forth the mitigation requirements that apply to applicants listed in
Paragraph (c) of this Rule and to set forth requirements for buffer mitigation providers.
(b) DEFINITIONS. For the purpose of this Rule, these terms shall be defined as follows:
(1) "Authority" means either the Division or a local government that has been delegated or designated pursuant
to Rules .0233, .0243, .0250, .0259, .0267, or .0607 of this Subchapter to implement the riparian buffer
program.
(2) "Compensatory Buffer Mitigation Bank" means a buffer mitigation site created by a mitigation provider
and approved for mitigation credit by the Division through execution of a mitigation banking instrument.
(3) "Division" means the Division of Water Resources of the North Carolina Department of Environment and
Natural Resources.
(4) "Enhancement Site" means a riparian zone site characterized by conditions between that of a restoration
site and a preservation site such that the establishment of woody stems (i.e., tree or shrub species) will
maximize nutrient removal and other buffer functions.
(5) "Hydrologic Area" means the Watershed Boundary Dataset (WBD), located at no cost at
http://data.nconemap.com/geoportal/catalog/search/resource/details.page?uuid={16A42F31-6DC7-4EC3-
88A9-03E6B7D55653} using the eight-digit Hydrologic Unit Code (HUC) prepared by the United States
Geological Survey.
(6) "Locational Ratio" means the mitigation ratio applied to the mitigation requirements based on the location
of the mitigation site relative to the impact site as set forth in Paragraph (f) of this Rule.
(7) "Mitigation banking instrument" means the legal document for the establishment, operation, and use of a
mitigation bank.
(8) "Monitoring period" means the length of time specified in the approved mitigation plan during which
monitoring of vegetation success and other anticipated benefits to the adjacent water as listed in the
mitigation approval is done.
(9) "Non-wasting endowment" means a fund that generates enough interest to cover the cost of the long term
monitoring and maintenance.
(10) "Outer Coastal Plain" means the portion of the state shown as the Middle Atlantic Coastal Plain (63) on
Griffith, et al. (2002) "Ecoregions of North and South Carolina." Reston, VA, United States Geological
Survey available at no cost at http://www.epa.gov/wed/pages/ecoregions/ncsc_eco.htm.
(11) "Preservation Site" means riparian zone sites that, as determined by a site visit conducted by the Authority,
are characterized by a forest consisting of the forest strata and diversity of species appropriate for the
location.
(12) "Restoration Site" means riparian zone sites that are characterized by an absence of trees and by a lack of
dense growth of smaller woody stems (i.e., shrubs or saplings) or sites that are characterized by scattered
individual trees such that the tree canopy is less than 25 percent of the cover and by a lack of dense growth
of smaller woody stems (i.e., shrubs or saplings).
(13) "Riparian buffer mitigation unit" means a unit representing a credit of riparian buffer mitigation as set forth
in Paragraph (m) of this Rule.
(14) "Riparian wetland" means a wetland that is found in one or more of the following landscape positions:
(A) in a geomorphic floodplain;
(B) in a natural topographic crenulation;
(C) contiguous with an open water equal to or greater than 20 acres in size; or
(D) subject to tidal flow regimes excluding salt/brackish marsh wetlands.
(15) "Stem" means a woody seedling, sapling, shrub, or tree, no less than 10 centimeters in height.
(16) "Urban" means an area that is either designated as an urbanized area under the most recent federal
decennial census available at no cost at http://www.census.gov/ or is located within the corporate limits of a
municipality.
(17) "Zonal Ratio" means the mitigation ratio applied to impact amounts in the respective zones of the riparian
buffer as set forth in Paragraph (e) of this Rule.
(c) MITIGATION REQUIREMENTS. Buffer mitigation is required when one of the following applies:
(1) The applicant has received an authorization certificate for impacts pursuant to Rule .0233, .0243, .0250,
.0259, .0267, or .0607 of this Subchapter and is required to perform mitigation as a condition of the
authorization certificate; or
(2) The applicant has received a variance pursuant to Rule .0233, .0243, .0250, .0259, .0267, or .0607 of this
Subchapter and is required to perform mitigation as a condition of a variance approval.
Any applicant covered under this Paragraph shall submit to the Authority a written mitigation proposal that calculates the
required area of mitigation and describes the area and location of each type of proposed mitigation. The applicant shall not
impact buffers until the Authority approves the mitigation plan and issues written approval.
(d) AREA OF IMPACT. The Authority shall determine the area of impact in square feet to each Zone as defined by the
applicable Rule .0233, .0243, .0250, .0259, .0267, or .0607 of this Subchapter of the proposed riparian buffer by adding the
following:
(1) The area of the footprint of the use impacting the riparian buffer;
(2) The area of the boundary of any clearing and grading activities within the riparian buffer necessary to
accommodate the use; and
(3) The area of any ongoing maintenance corridors within the riparian buffer associated with the use.
The Authority shall deduct from this total the area of any wetlands that are subject to and compliant with riparian wetland
mitigation requirements under 15A NCAC 02H .0506 and are located within the proposed riparian buffer impact area.
(e) AREA OF MITIGATION REQUIRED ON ZONAL MITIGATION RATIOS. The Authority shall determine the
required area of mitigation for each Zone by applying each of the following ratios to the area of impact calculated under
Paragraph (d) of this Rule:
Basin/Watershed Zone 1 Ratio Zone 2 Ratio
Neuse River Basin (15A NCAC 02B .0233) 3:1 1.5:1
Catawba River Basin (15A NCAC 02B .0243) 2:1 1.5:1
Randleman Lake Watershed (15A NCAC 02B .0250) 3:1 1.5:1
Tar-Pamlico River Basin (15A NCAC 02B .0259) 3:1 1.5:1
Jordan Lake Watershed (15A NCAC 02B .0267) 3:1 1.5:1
Goose Creek Watershed (15A NCAC 02B .0607) 3:1A
A The Goose Creek Watershed does not have a Zone 1 and Zone 2. The mitigation ratio in the Goose
Creek Watershed is 3:1 for the entire buffer.

(f) AREA OF MITIGATION REQUIRED ON LOCATIONAL MITIGATION RATIOS. The applicant or mitigation
provider shall use the following locational ratios as applicable based on location of the proposed mitigation site relative to that
of the proposed impact site. Locational ratios shall be as follows:
Location Ratio
Within the 12-digit HUCA 0.75:1
Within the eight-digit HUCB 1:1
Outside of the eight-digit HUCB 2:1
A Except within the Randleman Lake Watershed. Within the Randleman Lake Watershed the ratio
is 1:1.
B Except as provided in Paragraph (g) of this Rule.

(g) GEOGRAPHIC RESTRICTIONS ON LOCATION OF MITIGATION. Mitigation shall be performed in the same river
basin where the impact is located with the following additional specifications:
(1) In the following cases, mitigation shall be performed in the same watershed where the impact is located:
(A) Falls Lake Watershed, as defined in Rule .0275 of this Section;
(B) Goose Creek Watershed, as defined in Rule .0601 of this Subchapter;
(C) Randleman Lake Water Supply Watershed, as defined in Rule .0248 of this Section;
(D) Each subwatershed of the Jordan Lake watershed, as defined in Rule .0262 of this Section; and
(E) Other watersheds as specified in riparian buffer protection rules adopted by the Commission.
(2) Buffer mitigation for impacts within watersheds with riparian buffer rules that also have federally listed
threatened or endangered aquatic species may be done within other watersheds with the same federally
listed threatened or endangered aquatic species as long as the impacts are in the same river basin as the
mitigation site.
(h) MITIGATION OPTIONS FOR APPLICANTS. The applicant may propose any of the following types of mitigation:
(1) Riparian buffer restoration or enhancement pursuant to Paragraph (n) of this Rule;
(2) Payment of a compensatory mitigation fee to a compensatory buffer mitigation bank pursuant to Paragraph
(i) of this Rule or payment of a compensatory mitigation fee to the Riparian Buffer Restoration Fund
pursuant to Paragraph (j) of this Rule. Payment shall conform to the requirements of G.S. 143-214.20;
(3) Donation of real property or of an interest in real property pursuant to Paragraph (k) of this Rule;
(4) Alternative buffer mitigation pursuant to Paragraph (o) of this Rule; or
(5) Other buffer mitigation as approved by the Environmental Management Commission as a condition of a
variance approval.
(i) PURCHASE OF BUFFER MITIGATION CREDITS FROM A PRIVATE OR PUBLIC COMPENSATORY BUFFER
MITIGATION BANK. Applicants who choose to satisfy some or all of their mitigation by purchasing mitigation credits from
a private or public compensatory buffer mitigation bank shall meet the following requirements:
(1) The compensatory buffer mitigation bank from which credits are purchased shall have available riparian
buffer credits approved by the Division;
(2) The compensatory buffer mitigation bank from which credits are purchased shall be located as described in
Paragraphs (e), (f), and (g) of this Rule; and
(3) After receiving a mitigation acceptance letter from the compensatory buffer mitigation bank, proof of
payment for the credits shall be provided to the Authority prior to any activity that results in the removal or
degradation of the protected riparian buffer.
(j) PAYMENT TO THE RIPARIAN BUFFER RESTORATION FUND. Applicants who choose to satisfy some or all of
their mitigation requirement by paying a compensatory mitigation fee to the Riparian Buffer Restoration Fund shall meet the
requirements of Rule .0269 of this Section. Payment made to the NC Division of Mitigation Services (DMS) shall be
contingent upon acceptance of the payment by the DMS. The DMS shall consider their financial, temporal, and technical
ability to satisfy the mitigation request to determine whether they shall accept or deny the request.
(k) DONATION OF PROPERTY. Applicants who choose to satisfy their mitigation requirement by donating real property
or an interest in real property to fully or partially offset an approved payment into the Riparian Buffer Restoration Fund
pursuant to Paragraph (j) of this Rule shall do so in accordance with 15A NCAC 02R .0403.
(l) MITIGATION SITE REQUIREMENTS FOR APPLICANTS AND MITIGATION PROVIDERS. For each mitigation
site proposed by an applicant or mitigation provider under Paragraphs (n) or (o) of this Rule, the Authority shall identify
functional criteria to measure the anticipated benefits of the mitigation to the adjacent water. The Authority shall issue a
mitigation determination that specifies the area, type, and location of mitigation and the water quality benefits to be provided
by the mitigation site. All mitigation proposals shall meet the following criteria:
(1) The location of the buffer mitigation site shall comply with the requirements of Paragraphs (f) and (g) of
this Rule. In the Catawba watershed, buffer mitigation may be done along the lake shoreline as well as
along intermittent and perennial stream channels throughout the watershed.
(2) The mitigation proposal shall include a commitment to provide:
(A) a perpetual conservation easement or similar preservation mechanism to ensure perpetual
stewardship that protects the mitigation site's nutrient removal and other water quality functions;
(B) a non-wasting endowment or other dedicated financial surety to provide for the perpetual land
management and hydrological maintenance of lands and maintenance of structures as applicable;
and
(C) financial assurance in the form of a completion bond, credit insurance, letter of credit, escrow, or
other vehicle acceptable to the Authority payable to, or for the benefit of, the Authority in an
amount sufficient to ensure that the property is secured in fee title or by easement, and that
planting or construction, monitoring and maintenance are completed as necessary to meet success
criteria as specified in the approved mitigation plan. This financial assurance obligation shall not
apply to the NC DMS.
(3) Diffuse flow of runoff shall be maintained in the riparian buffer. Any existing impervious cover or
stormwater conveyances such as ditches, pipes, or drain tiles shall be eliminated and the flow converted to
diffuse flow. If the applicant or mitigation provider determines that elimination of existing stormwater
conveyances is not feasible, then they shall include a justification and shall provide a delineation of the
watershed draining to the stormwater outfall and the percentage of the total drainage by area treated by the
riparian buffer with the mitigation plan specified in Paragraph (n) or (o) of this Rule for Authority
approval. During mitigation plan review and approval, the Authority may reduce credit proportionally.
(4) Sewer easement within the buffer. If the proposed mitigation site contains a sewer easement in Zone 1, that
portion of the sewer easement within Zone 1 shall not be suitable for buffer mitigation credit. If the
proposed mitigation site contains a sewer easement in Zone 2, the portion of the sewer easement in Zone 2
may be suitable for buffer mitigation credit if:
(A) the applicant or mitigation provider restores or enhances the forested buffer in Zone 1 adjacent to
the sewer easement;
(B) the sewer easement is required to be maintained in a condition that meets the vegetative
requirements of the collection system permit; and
(C) diffuse flow is provided across the entire buffer width.
(5) The applicant or mitigation provider shall provide a site specific credit/debit ledger to the Authority at
regular intervals as specified in the mitigation plan approval or mitigation banking instrument once credits
are established and until they are exhausted.
(6) Buffer mitigation credit, nutrient offset credit, wetland mitigation credit, and stream mitigation credit shall
be accounted for in accordance with the following:
(A) Buffer mitigation used for buffer mitigation credit shall not be used for nutrient offset credits;
(B) Buffer mitigation credit shall not be generated within wetlands that provide wetland mitigation
credit required by 15A NCAC 02H .0506; and
(C) Buffer mitigation credit may be generated on stream mitigation sites as long as the width of the
restored or enhanced riparian buffer meets the requirements of Subparagraph (n)(1) of this Rule.
(m) RIPARIAN BUFFER MITIGATION UNITS. Mitigation activities shall generate riparian buffer mitigation units as
follows:
Mitigation Activity Square Feet of
Mitigation Buffer
Riparian Buffer
Mitigation Units Generated
Restoration Site 1 1
Enhancement Site 2 1
Preservation Site on Non-Subject Urban Streams 3 1
Preservation Site on Subject Urban Streams 3 1
Preservation Site on Non-Subject Rural Streams 5 1
Preservation Site on Subject Rural Streams 10 1

(n) RIPARIAN BUFFER RESTORATION SITE OR ENHANCEMENT SITE. Authority staff shall make an on-site
determination as to whether a potential mitigation site qualifies as a restoration site or enhancement site as defined in
Paragraph (b) of this Rule. Riparian buffer restoration sites or enhancement sites shall meet the following requirements:
(1) Buffer restoration sites or enhancement sites may be proposed as follows:

Buffer width (ft)
Proposed
Percentage
of Full Credit
Less than 20 0 %
20-29 75 %
30-100 100 %
101-200 33%

(2) The applicant or mitigation provider shall submit a restoration or enhancement mitigation plan to the
Authority for written approval. The plan shall demonstrate compliance with the requirements of this
Paragraph and Paragraphs (l) and (m) of this Rule and shall also contain the following:
(A) A map of the proposed restoration or enhancement site;
(B) A vegetation plan that shall detail the activities proposed to ensure a final performance standard of
260 stems per acre at the completion of monitoring. The final performance standard shall include
a minimum of four native hardwood tree species or four native hardwood tree and native shrub
species, where no one species is greater than 50 percent of stems. Native hardwood and native
shrub volunteer species may be included to meet the final performance standard of 260 stems per
acre. The Authority may approve alternative vegetation plans upon consideration of factors,
including site wetness and plant availability, to meet the requirements of this Part;
(C) A grading plan (if applicable). The site shall be graded in a manner to ensure diffuse flow
through the entire riparian buffer;
(D) A schedule for implementation, including a fertilization and herbicide plan if applicable; and
(E) A monitoring plan to document whether the site is expected to meet the final performance
standards as defined in Part (n)(2)(B) of this Rule and other anticipated benefits to the adjacent
water. The plan shall include a proposed schedule and method for monitoring the vegetative status
of the restoration or enhancement site for five years, including the health and average stem
densities of native hardwood tree or tree and shrub species that are to be counted toward the final
performance standard.
(3) Within one year after Authority approval of the mitigation plan, the applicant or mitigation provider shall
present documentation to the Authority that the riparian buffer has been restored or enhanced unless the
applicant or mitigation provider requests, and the Authority agrees in writing prior to that date, to a longer
time period.
(4) The applicant or mitigation provider shall submit written annual reports, unless an alternative schedule has
been approved by the Authority during the mitigation plan approval, for a period of five years after
completion of the activities identified in Part (n)(2)(B) of this Rule at the restoration site or enhancement
site showing:
(A) compliance with the monitoring plan approved pursuant to Part (n)(2)(E) of this Rule; and
(B) that diffuse flow through the riparian buffer has been maintained.
If the Authority determines that the native hardwood tree or tree and shrub species at the site are not expected to
meet the final performance standards listed in Part (n)(2)(B) of this Rule, then the Authority may require that the
applicant or mitigation provider replace trees or trees and shrubs as needed during that five-year period. If the
Authority determines that diffuse flow through the buffer is not being maintained, then the Authority may require
that the applicant or mitigation provider restore diffuse flow. If the Authority determines that the final performance
standards listed in Part (n)(2)(B) of this Rule have not been achieved at the end of the five-year monitoring period,
the Authority may require additional years of monitoring. The Authority shall make determinations referenced in this
Subparagraph on a site specific basis based on the annual reports, any supplemental information submitted by the
applicant or mitigation provider, or a site evaluation by the Authority.
(o) ALTERNATIVE BUFFER MITIGATION OPTIONS. Alternative buffer mitigation options are detailed in this
Paragraph. Any proposal for alternative buffer mitigation shall be provided in writing to the Division, shall meet the content
and procedural requirements for approval by the Division, shall meet the requirements set out in Paragraphs (l) and (m) of this
Rule and the requirements set out in the named Subparagraph of this Paragraph addressing that applicable alternative buffer
mitigation option:
(1) Retroactive Credit. Alternative buffer mitigation sites constructed and within the required monitoring
period on the effective date of this Rule shall be eligible for use as alternative buffer mitigation sites.
Alternative buffer mitigation sites that have completed monitoring and were released by the Division on or
within the past 10 years of the effective date of this Rule shall be eligible for use as alternative buffer
mitigation sites. All alternative buffer mitigation site proposals submitted under this Subparagraph shall
meet the following:
(A) A map or maps of the proposed alternative buffer mitigation site;
(B) Documentation of pre-existing conditions showing that the proposed alternative buffer mitigation
site met the criteria to qualify for the applicable alternative buffer mitigation type identified in the
applicable Subparagraph of this Paragraph;
(C) Documentation of the activities that were conducted at the proposed alternative buffer mitigation
site to meet success criteria identified in the applicable Subparagraph of this Paragraph; and
(D) Documentation that the proposed alternative buffer mitigation site met the success criteria
identified in the applicable Subparagraph of this Paragraph.
These alternative buffer mitigation sites shall receive credit in accordance with the criteria set forth in
Paragraph (m) and Subparagraph (n)(1) of this Rule.
(2) Coastal Headwater Stream Mitigation. Wooded buffers planted along Outer Coastal Plain headwater
stream mitigation sites may also be approved as riparian buffer mitigation credit if the site meets all
applicable requirements of Paragraph (n) of this Rule. In addition, all success criteria specified in the
approval of the stream mitigation site by the Division shall be met. The area of the buffer shall be measured
perpendicular to the length of the valley being restored. The area within the proposed buffer mitigation site
shall not also be used as wetland mitigation.
(3) Buffer Restoration and Enhancement on Non-Subject Streams. Restoration or enhancement of buffers may
be conducted on intermittent or perennial streams that are not subject to the applicable Rule .0233, .0243,
.0250, .0259, .0267, or .0607 of this Subchapter. These streams shall be confirmed as intermittent or
perennial streams by Division staff certified per G.S. 143-214.25A using the Division publication,
"Methodology for Identification of Intermittent and Perennial Streams and Their Origins (v.4.11, 2010)"
available at no cost at http://portal.ncdenr.org/web/wq/swp/ws/401/waterresources/streamdeterminations.
The proposal shall meet all applicable requirements of Paragraph (n) of this Rule.
(4) Preservation of Buffer on Non-Subject Streams. Preservation of buffers on intermittent or perennial
streams that are not subject to the applicable Rule .0233, .0243, .0250, .0259, .0267, or .0607 of this
Subchapter may be proposed in order to permanently protect the buffer from cutting, clearing, filling,
grading, and similar activities that would affect the functioning of the buffer. These streams shall be
confirmed as intermittent or perennial streams by Division staff certified per G.S. 143-214.25A using the
Division publication, "Methodology for Identification of Intermittent and Perennial Streams and Their
Origins (v4.11, 2010)." The preservation site shall meet the requirements of Subparagraph (n)(1) of this
Rule and the requirements set forth in 15A NCAC 02R .0403(c)(7), (8), and (11). The area of preservation
credit within a buffer mitigation site shall comprise of no more than 25 percent of the total area of buffer
mitigation.
(5) Preservation of Buffers on Subject Streams. Buffer preservation may be proposed on streams that are
subject to the applicable Rule .0233, .0243, .0250, .0259, .0267, or .0607 of this Subchapter in order to
permanently protect the buffer from cutting, clearing, filling, grading, and similar activities that would
affect the functioning of the buffer beyond the protection afforded by the existing buffer rules on sites that
meet the definition of a preservation site. The preservation site shall meet the requirements of
Subparagraph (n)(1) and the requirements set forth in 15A NCAC 02R .0403(c)(7), (8), and (11). The area
of preservation credit within a buffer mitigation site shall comprise of no more than 25 percent of the total
area of buffer mitigation.
(6) Enhancement of grazing areas adjacent to streams. Buffer credit at a 2:1 ratio shall be available for an
applicant or mitigation provider who proposes permanent exclusion of grazing livestock that otherwise
degrade the stream and riparian zone through trampling, grazing, or waste deposition by fencing the
livestock out of the stream and its adjacent buffer. The applicant or mitigation provider shall provide an
enhancement plan as set forth in Paragraph (n) of this Rule. The applicant or mitigation provider shall
demonstrate that grazing was the predominant land use since the effective date of the applicable buffer rule.
(7) Mitigation on ephemeral channels. For purposes of riparian buffer mitigation as described in this Part, an
"ephemeral channel" is defined as a natural channel exhibiting discernible banks within a topographic
crenulation (V-shaped contour lines) indicative of natural drainage on the 1:24,000 scale (7.5 minute)
quadrangle topographic map prepared by the U.S. Geologic Survey, or as seen on digital elevation models
with contours developed from the most recent available LiDAR data, available at no cost at
http://www.ncfloodmaps.com/lidar.com. Ephemeral channels only flow for a short period of time after
precipitation in the drainage area and do not have periods of base flow sustained by groundwater discharge.
The applicant or mitigation provider shall provide a delineation of the watershed draining to the ephemeral
channel. The entire area proposed for mitigation shall be within the contributing drainage area to the
ephemeral channel. The ephemeral channel shall be directly connected to an intermittent or perennial
stream and contiguous with the rest of the mitigation site protected under a perpetual conservation
easement. The area of the mitigation site on ephemeral channels shall comprise no more than 25 percent of
the total area of buffer mitigation. The proposal shall meet all applicable requirements of Paragraph (n) of
this Rule for restoration or enhancement. The proposal shall meet all applicable requirements of
Subparagraph (o)(4) or (o)(5) of this Rule for preservation.
(8) Restoration and Enhancement on Ditches. For purposes of riparian buffer mitigation as described in this
Part, a "ditch" is defined as a man-made channel other than a modified natural stream that was constructed
for drainage purposes. To be used for mitigation, a ditch shall meet all of the following criteria:
(A) be directly connected with and draining towards an intermittent or perennial stream;
(B) be contiguous with the rest of the mitigation site protected under a perpetual conservation
easement;
(C) stormwater runoff from overland flow shall drain towards the ditch;
(D) be between one and three feet in depth; and
(E) the entire length of the ditch shall have been in place prior to the effective date of the applicable
buffer rule.
The width of the restored or enhanced area shall not be less than 30 feet and shall not exceed 50 feet for
crediting purposes. The applicant or mitigation provider shall provide a delineation of the watershed
draining to the ditch. The watershed draining to the ditch shall be at least four times larger than the
restored or enhanced area along the ditch. The perpetual conservation easement shall include the ditch and
the confluence of the ditch with the intermittent or perennial stream, and provide language that prohibits
future maintenance of the ditch. The proposal shall meet all applicable requirements of Paragraph (n) of
this Rule for restoration or enhancement.
(9) Stormwater Treatment Options. All stormwater treatment options shall meet the following requirements:
(A) Structural options already required by other local, state, or federal rule or permit cannot be used
as alternative buffer mitigation credit, except to the extent such measure(s) exceed the
requirements of such rule or permit. Stormwater Best Management Practices (BMPs), including
bioretention facilities, constructed wetlands, infiltration devices and sand filters are all potentially
approvable BMPs by the Division for alternative buffer mitigation credit. Other BMPs may be
approved only if they meet the nutrient removal levels outlined in Part (o)(9)(B) of this Rule.
Existing or planned BMPs for a local, state, or federal rule or permit may be retrofitted or
expanded to improve their nutrient removal if this level of treatment is not required by other local,
state, or federal rules. In this case, the predicted increase in nutrient removal may be counted
toward alternative buffer mitigation credit;
(B) Minimum treatment levels: Any structural BMP shall provide at least 30 percent total nitrogen
and 35 percent total phosphorus removal as demonstrated by a scientific and engineering literature
review as approved by the Division. The mitigation proposal shall demonstrate that the proposed
alternative removes an equal or greater annual mass load of nutrients to surface waters as the
buffer impact authorized in the authorization certificate or variance, following the calculation of
impact and mitigation areas pursuant to Paragraphs (d), (e), and (f) of this Rule. To estimate the
rate of nutrient removal of the impacted buffer, the applicant or mitigation provider may use the
"NC Division of Water Quality – Methodology and Calculation for determining nutrient
reductions associated with Riparian Buffer Establishment" available at no cost at
http://portal.ncdenr.org/c/document_library/get_file?uuid=55c3758f-5e27-46cf-8237-
47f890d9329a&groupId=38364. The applicant or mitigation provider may propose an alternative
method of estimating the rate of nutrient removal for consideration and review by the Division;
(C) All proposed structural BMPs shall follow the Division's "2009 Stormwater Best Management
Practice Design Manual" available at no cost at http://portal.ncdenr.org/web/lr/bmp-manual. If a
specific proposed structural BMP is not addressed in this Manual, the applicant or mitigation
provider shall follow Chapter 20 in this Manual for approval;
(D) All structural options are required to have Division approved operation and maintenance plans;
(E) All structural options are required to have continuous and perpetual maintenance and shall follow
the Division's "2009 Stormwater Best Management Practice Design Manual";
(F) Upon completion of construction, the designer for the type of BMP installed shall certify that the
system was inspected during construction and that the BMP was constructed in conformity with
plans and specifications approved by the Division;
(G) Removal and replacement of structural options: If a structural option is proposed to be removed
and cannot be replaced on-site, then a structural or non-structural measure of equal or better
nutrient removal capacity, as determined by calculations submitted to and approved by the
Division, in a location as specified by Paragraphs (f) and (g) of this Rule shall be constructed as a
replacement;
(H) Renovation or repair of structural options: If the applicant, mitigation provider, or the Division
determines that a structural option must be renovated or repaired, it shall be renovated to provide
equal or better nutrient removal capacity than as originally designed; and
(I) Structural options, as well as their operation and maintenance, are the responsibility of the
landowner or easement holder unless the Division gives written approval for another responsible
party to operate and maintain them. Structural options shall be located in recorded drainage
easements for the purposes of operation and maintenance and shall have recorded access
easements to the nearest public right-of-way. These easements shall be granted in favor of the
party responsible for operating and maintaining the structure, with a note that operation and
maintenance is the responsibility of the landowner, easement holder, or other responsible party.
(10) Approval for other alternative buffer mitigation options. Other alternative riparian buffer mitigation
options not specified within this Rule may be submitted to the Division for review and recommendation to
the Environmental Management Commission on a case-by-case basis. Any proposal submitted under this
Paragraph shall provide documentation or calculations to demonstrate that the proposed alternative
mitigation option removes an equal or greater annual mass load of nutrients to surface waters as a riparian
buffer. Upon completion of the Division's review, and prior to recommendation to the Environmental
Management Commission, the Division shall issue a 30-calendar day public notice through the Division's
website and the DWRwetlands Listserve. Division staff shall present their recommendations, including
comments received during the public notice period, to the Environmental Management Commission for a
final decision. If approved by the Environmental Management Commission, the alternative buffer
mitigation option may be proposed by other applicants and mitigation providers.

History Note: Authority G.S. 143-214.1; 143-214.5; 143-214.7; 143-214.20; 143-215.3(a)(1); 143-215.6A; 143-215.6B;
143-215.6C; 143-215.8A; 143-215.8B; 143-282(c); 143B-282(d); S.L. 1998-221; S.L. 1999-329, s. 7.1;
S.L. 2001-418, s. 4.(a); S.L. 2003-340, s. 5; S.L. 2005-190; S.L. 2006-259; S.L. 2009-337; S.L. 2009-486;
S.L. 2014-95;
Temporary Adoption Eff. October 24, 2014;
Eff. November 1, 2015.

SECTION .0300 - ASSIGNMENT OF STREAM CLASSIFICATIONS

15A NCAC 02B .0301 CLASSIFICATIONS: GENERAL
(a) Schedule of Classifications. The classifications assigned to the waters of the State of North Carolina are set forth in the
schedules of classifications and water quality standards assigned to the waters of the river basins of North Carolina, 15A
NCAC 2B .0302 to .0317. These classifications are based upon the existing or contemplated best usage of the various streams
and segments of streams in the basin, as determined through studies and evaluations and the holding of public hearings for
consideration of the classifications proposed.
(b) Stream Names. The names of the streams listed in the schedules of assigned classifications were taken as far as possible
from United States Geological Survey topographic maps. Where topographic maps were unavailable, U.S. Corps of
Engineers maps, U.S. Department of Agriculture soil maps, and North Carolina highway maps were used for the selection of
stream names.
(c) Classifications. The classifications assigned to the waters of North Carolina are denoted by the letters WS-I, WS-II,
WS-III, WS-IV, WS-V, B, C, SA, SB, and SC in the column headed "class." A brief explanation of the "best usage" for
which the waters in each class must be protected is given as follows:

Fresh Waters
Class WS-I: waters protected as water supplies which are in natural and undeveloped watersheds; in public ownership;
point source discharges of treated wastewater are permitted pursuant to Rules .0104 and .0211 of this Subchapter; local
programs to control nonpoint source and stormwater discharge of pollution are required; suitable for all Class C uses;
Class WS-II: waters protected as water supplies which are generally in predominantly undeveloped watersheds; point
source discharges of treated wastewater are permitted pursuant to Rules .0104 and .0211 of this Subchapter; local programs to
control nonpoint source and stormwater discharge of pollution are required; suitable for all Class C uses;
Class WS-III: waters protected as water supplies which are generally in low to moderately developed watersheds; point
source discharges of treated wastewater are permitted pursuant to Rules .0104 and .0211 of this Subchapter; local programs to
control nonpoint source and stormwater discharge of pollution are required; suitable for all Class C uses;
Class WS-IV: waters protected as water supplies which are generally in moderately to highly developed watersheds; point
source discharges of treated wastewater are permitted pursuant to Rules .0104 and .0211 of this Subchapter; local programs to
control nonpoint source and stormwater discharge of pollution are required; suitable for all Class C uses;
Class WS-V: waters protected as water supplies which are generally upstream and draining to Class WS-IV waters or
waters previously used for drinking water supply purposes or waters used by industry to supply their employees, but not
municipalities or counties, with a raw drinking water supply source, although this type of use is not restricted to a WS-V
classification; no categorical restrictions on watershed development or treated wastewater discharges are required, however,
the Commission or its designee may apply appropriate management requirements as deemed necessary for the protection of
downstream receiving waters (15A NCAC 2B .0203); suitable for all Class C uses;
Class B: primary recreation and any other usage specified by the "C" classification;
Class C: aquatic life propagation and survival, fishing, wildlife, secondary recreation, and agriculture.

Tidal Salt Waters:

Class SA: shellfishing for market purposes and any other usage specified by the "SB" and "SC" classification;
Class SB: primary recreation and any other usage specified by the "SC" classification;
Class SC: aquatic life propagation and survival, fishing, wildlife, and secondary recreation.

Supplemental Classifications