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DEQ-CFW 00070156

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SUBMISSION FOR PERMANENT RULE
[Authority G.S.150B-21.191
1. Rule -Making Agency: DENR— Environmental Management Commission
2. Rule citation & name (name not required for repeal): 15A NCAC 02B .0311 Cape Fear River Basin
3. Action: ADOPTION Z AMENDMENT ❑ REPEAL
4. Notice: 5. Fiscal impact (mark all that apply):
® Notice Required ❑ State funds affected
Notice of text on: 07/15/2008 ❑ Local funds affected
Hearing on: 08/14/2008 ❑ Substantial economic impact
Adoption by agency on: 11/13/2008 ❑ No fiscal note required pursuant to G.S. 150B-21.4
❑ Notice not required under G.S.: ❑ Rule -making is not subject to G.S. 150B-21.4;
Adoption by agency on: Cite authority: t
6. Rule establishes or increases a fee?
❑ Yes
❑ The agency has express authorization of the amount of the fee (G.S. 12-3.1(a)(1)).
❑ The agency has general authorization for the fee and has consulted the Joint Legislative Commission on
Governmental Operation. Date of consultation:
❑ The agency has general authorization for the fee and has not consulted the Joint Legislative Commission on
Governmental Operation.
® No
7. REASON FOR ACTION
7A. What prompted this action? Check all that apply:
® Agency ❑ Legislation enacted in last General Assembly session
❑ Court order / cite: Cite Session Law: 2005-0097
❑ Federal statute / cite: ❑ Petition for rule -making
❑ Federal regulation / cite: ❑ Other:
7B. Explain: Lower Cape Fear Water and Sewer Authority requested that a Cape Fear River segment be reclassified to WS-IV CA
and WS-IV (PA). The reason for the reclassification is to allow for a new intake structure in the river. Initially, the new intake will
provide a potable water supply for Smithfield Packing Company. In the future, the intake will provide a source of potable water for
potentially several southern coastal plain municipalities. DWR and DEH do not object to the proposal, and according to 2007 DWQ
studies, the waters to be reclassified meet water supply water standards and criteria fior the WS-IV designation.
8. Rule -making Coordinator: Nancy C. Pate 9. Signature of Agency Head* or Rule -making Coordinator:
Address: 1601 Mail Service Center
Raleigh, NC 27699-1601
Phone: [phone]
E-Mail: [e-mail] *If this function has been delegated (reassigned) pursuant to
G.S. 143B-10(a), submit a copy of the delegation with this form.
Agency Contact, if any: Elizabeth Kountis
Phone: [phone] Typed Name: Nancy C. Pate
E-Mail: [e-mail] Title: DENR Rule -making Coordinator
RRC AND OAH USE ONLY
Action taken: Submitted for codification in the Code:
❑ RRC Approval:
❑ RRC Objection:
❑ RRC Extension of review:
❑ RRC determined substantial changes:
❑ Subject to Legislative Review
❑ Other:
Permanent Rule 0400 (07/18/03)
DEQ-CFW 00070157

Wave,.oibe�r- lei, 2003
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15A NCAC 02B .0311 has been amended with changes as published in 23:02 NCR 175-179 as follows:
15A NCAC 02B .0311 CAPE FEAR RIVER BASIN
(a) The Cape Fear River Basin Schedule of Classifications and Water Quality Standards may be inspected
at the following places:
(1) the Internet at http://h2o.enr.state.nc.us/csu/; and
(2) the North Carolina Department of Environment and Natural Resources:
(A) Winston-Salem Regional Office
585 Waughtown Street
Winston-Salem, North Carolina
(B) Fayetteville Regional Office
225 Green Street
Systel Building Suite 714
Fayetteville, North Carolina
(C) Raleigh Regional Office
3800 Barrett Drive
Raleigh, North Carolina
(D) Washington Regional Office
943 Washington Square Mall
Washington, North Carolina
(E) Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, North Carolina
(F) Division of Water Quality
Central Office
512 North Salisbury Street
Raleigh, North Carolina.
(b) The Cape Fear River Basin Schedule of Classification and Water Quality Standards was amended
effective:
(1) March 1, 1977;
(2) December 13, 1979;
(3) December 14, 1980;
(4) August 9, 1981;
(5) April 1, 1982;
(6) December 1, 1983;
(7) January 1, 1985;
(8) August 1, 1985;
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(9) December 1, 1985;
(10) February 1, 1986;
(11) July 1, 1987;
(12) October 1, 1987;
(13) March 1, 1988;
(14) June 1, 1988;
(15) July 1, 1988;
(16) January 1, 1990;
(17) August 1, 1990;
(18) August 3, 1992;
(19) September 1, 1994;
(20) August 1, 1998;
(21) April 1, 1999;
(22) August 1, 2002;
(23) November 1, 2004;
(24) November 1, 2987-2007;
(25) MayJanuary 1 2009.
(c) The Schedule of Classifications and Water Quality Standards for the Cape Fear River Basin has been
amended effective June 1, 1988 as follows:
(1) Cane Creek [Index No. 16-21-(1)] from source to a point 0.5 mile north of N.C. Hwy. 54
(Cane Reservoir Dam) including the Cane Creek Reservoir and all tributaries has been
reclassified from Class WS-III to WS-I.
(2) Morgan Creek [Index No. 16-41-1-(1)] to the University Lake dam including University
Lake and all tributaries has been reclassified from Class WS-III to WS-I.
(d) The Schedule of Classifications and Water Quality Standards for the Cape Fear River Basin has been
amended effective July 1, 1988 by the reclassification of Crane Creek (Crain Creek) [Index No.
18-23-16-(1)] from source to mouth of Beaver Creek including all tributaries from C to WS-III.
(e) The Schedule of Classifications and Water Quality Standards for the Cape Fear River Basin has been
amended effective January 1, 1990 as follows:
(1) Intracoastal Waterway (Index No. 18-87) from southern edge of White Oak River Basin
to western end of Permuda Island (a line from Morris Landing to Atlantic Ocean), from
the eastern mouth of Old Topsail Creek to the southwestern shore of Howe Creek and
from the southwest mouth of Shinn Creek to channel marker No. 153 including all
tributaries except the King Creek Restricted Area, Hardison Creek, Old Topsail Creek,
Mill Creek, Futch Creek and Pages Creek were reclassified from Class SA to Class SA
ORW.
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DEQ-CFW 00070159

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1 (2) Topsail Sound and Middle Sound ORW Area which includes all waters between the
2 Barrier Islands and the Intracoastal Waterway located between a line running from the t
3 western most shore of Mason Inlet to the southwestern shore of Howe Creek and a line
4 running from the western shore of New Topsail Inlet to the eastern mouth of Old Topsail
5 Creek was reclassified from Class SA to Class SA ORW.
6 (3) Masonboro Sound ORW Area which includes all waters between the Barrier Islands and
7 the mainland from a line running from the southwest mouth of Shinn Creek at the
8 Intracoastal Waterway to the southern shore of Masonboro Inlet and a line running from
9 the Intracoastal Waterway Channel marker No. 153 to the southside of the Carolina
10 Beach Inlet was reclassified from Class SA to Class SA ORW.
11 (f) The Schedule of Classifications and Water Quality Standards for the Cape Fear River Basin has been
12 amended effective January 1, 1990 as follows: Big Alamance Creek [Index No. 16-19-(1)] from source to
13 Lake Mackintosh Dam including all tributaries has been reclassified from Class WS-III NSW to Class
14 WS-II NSW.
15 (g) The Schedule of Classifications and Water Quality Standards for the Cape Fear River Basin was
16 amended effective August 3, 1992 with the reclassification of all water supply waters (waters with a
17 primary classification of WS-I, WS-II or WS-III). These waters were reclassified to WS-I, WS-II, WS-III,
18 WS-IV or WS-V as defined in the revised water supply protection rules, (15A NCAC 02B .0100, .0200 and
19 .0300) which became effective on August 3, 1992. In some cases, streams with primary classifications
20 other than WS were reclassified to a WS classification due to their proximity and linkage to water supply
21 waters. In other cases, waters were reclassified from a WS classification to an alternate appropriate
22 primary classification after being identified as downstream of a water supply intake or identified as not
23 being used for water supply purposes.
24 (h) The Schedule of Classifications and Water Quality Standards for the Cape Fear River Basin. was
25 amended effective June 1, 1994 as follows:
26 (1) The Black River from its source to the Cape Fear River [Index Nos. 18-68-(0.5), 18-68-
27 (3.5) and 18-65-(11.5)] was reclassified from Classes C Sw and C Sw HQW to Class C
28 Sw ORW.
29 (2) The South River from Big Swamp to the Black River [Index Nos. 18-68-12-(0.5) and 18-
30 68-12(11.5)] was reclassified from Classes C Sw and C Sw HQW to Class C Sw ORW.
31 (3) Six Runs Creek from Quewhiffle Swamp to the Black River [Index No. 18-68-21 was
32 reclassified from Class C Sw to Class C Sw ORW.
33 (i) The Schedule of Classifications and Water Quality Standards for the Cape Fear River Basin was
34 amended effective September 1, 1994 with the reclassification of the Deep River [Index No. 17-(36.5)]
35 from the Town of Gulf-Goldston water supply intake to US highway 421 including associated tributaries
36 from Class C to Classes C, WS-IV and WS-IV CA.
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DEQ-CFW 00070160

1 0) The Schedule of Classifications and Water Quality Standards for the Cape Fear River Basin was
2 amended effective August 1, 1998 with the revision to the primary classification for portions of the Deep
3 River [Index No. 17-(28.5)] from Class WS-IV to Class WS-V, Deep River [Index No. 17-(41.5)] from
4 Class WS-IV to Class C, and the Cape Fear River [Index 18-(10.5)] from Class WS-IV to Class WS-V.
5 (k) The Schedule of Classifications and Water Quality Standards for the Cape Fear River Basin was
6 amended effective April 1, 1999 with the reclassification of Buckhorn Creek (Harris Lake)[Index No. 18-7-
7 (3)] from the backwaters of Harris Lake to the Dam at Harris Lake from Class C to Class WS-V.
8 (1) The Schedule of Classifications and Water Quality Standards for the Cape Fear River Basin was
9 amended effective April 1, 1999 with the reclassification of the Deep River [Index No. 17-(4)] from the
10 dam at Oakdale -Cotton Mills, Inc. to the dam at Randleman Reservoir (located 1.6 mile upstream of U.S.
11 Hwy 220 Business), and including tributaries from Class C and Class B to Class WS-IV and Class WS-IV
12 & B. Streams within the Randleman Reservoir Critical Area have been reclassified to WS-IV CA. The
13 Critical Area for a WS-IV reservoir is deemed as 0.5 mile and draining to the normal pool elevation of the
14 reservoir. All waters within the Randleman Reservoir Water Supply Watershed are within a designated
15 Critical Water Supply Watershed and are subject to a special management strategy specified in 15A NCAC
16 02B .0248.
17 (in) The Schedule of Classifications and Water Quality Standards for the Cape Fear River Basin was
18 amended effective August 1, 2002 as follows:
19 (1) Mill Creek [Index Nos. 18-23-11-(1), 18-23-11-(2), 18-23-11-3, 18-23-11-(5)] from its
20 source to the Little River, including all tributaries was reclassified from Class WS-III
21 NSW and Class WS-III B NSW to Class WS-III NSW HQW@ and Class WS-III B NSW
22 HQW@.
23 (2) McDeed's Creek [Index Nos. 18-23-11-4, 18-23-11-4-1] from its source to Mill Creek,
24 including all tributaries was reclassified from Class WS III NSW and Class WS-III B
25 NSW to Class WS-III NSW HQW@ and Class WS-III B NSW HQW@.
26 The "@" symbol as used in this Paragraph means that if the governing municipality has deemed that a
27 development is covered under a "5/70 provision" as described in Rule 15A NCAC 02B .0215(3)(b)(i)(E)
28 (Fresh Surface Water Quality Standards for Class WS-111 Waters), then that development is not subject to
29 the stormwater requirements as described in rule 15A NCAC 02H .1006 (Stormwater Requirements: High
30 Quality Waters).
31 (n) The Schedule of Classifications and Water Quality Standards for the Cape Fear River Basin was
32 amended effective November 1, 2004 as follows:
33 (1) A portion of Rocky River [Index Number 17-43-(1)1 from a point approximately 0.3 mile
34 upstream of Town of Siler City upper reservoir dam to a point approximately 0.3 mile
35 downstream of Lacy Creek from WS-III to WS-III CA.
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DEQ-CFW 00070161

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(2)
A portion of Rocky River [Index Number 17-43-(8)] from dam at lower water supply
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reservoir for Town of Siler City to a point approximately 65 feet below dam (site of
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proposed dam) from C to WS-III CA.
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(3)
A portion of Mud Lick Creek (Index No. 17-43-6) from a point approximately 0.4 mile s.
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upstream of Chatham County SR 1355 to Town of Siler City lower water supply
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reservoir from WS-III to WS-III CA.
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(4)
A portion of Lacy Creek (17-43-7) from a point approximately 0.6 mile downstream of
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Chatham County SR 1362 to Town of Siler City lower water supply reservoir from WS-
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I11 to WS-III CA.
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(o) The Schedule of Classifications and Water Quality Standards for the Cape Fear River Basin was
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amended effective November 1, 2007 with the reclassifications listed below, and the North Carolina
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Division of Water Quality maintains a Geographic Information Systems data layer of these UWLs.
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(1)
Military Ocean Terminal Sunny Point Pools, all on the eastern shore of the Cape Fear
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River [Index No. 18-(71)] were reclassified to Class WL UWL as defined in 15A NCAC
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02B .0101.
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(2)
Salters Lake Bay near Salters Lake [Index No. 18-44-4] was reclassified to Class WL
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UWL as defined in 15A NCAC 02B .0101.
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(3)
Jones Lake Bay near Jones Lake [Index No. 18-46-7-1] was reclassified to Class WL
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UWL as defined in 15A NCAC 02B .0101.
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(4)
Weymouth Woods Sandhill Seep near Mill Creek [18-23-11-(1)] was reclassified to
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Class WL UWL as defined in 15A NCAC 02B .0101.
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(5)
Fly Trap Savanna near Cape Fear River [Index No. 18-(71)] was reclassified to Class WL
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UWL as defined in 15A NCAC 02B .0101.
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(6)
Lily Pond near Cape Fear River [Index No. 18-(71)] was reclassified to Class WL UWL
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as defined in 15A NCAC 02B .0101.
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(7)
Grassy Pond near Cape Fear River [Index No. 18-(71)] was reclassified to Class WL
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UWL as defined in 15A NCAC 02B .0101.
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(8)
The Neck Savanna near Sandy Run Swamp [Index No. 18-74-33-21 was reclassified to
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Class WL UWL as defined in 15A NCAC 02B .0101.
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(9)
Bower's Bog near Mill Creek [Index No. 18-23-11-(1)l was reclassified to Class WL
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UWL as defined in 15A NCAC 02B .0101.
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(10)
Bushy Lake near Turnbull Creek [Index No. 18-461 was reclassified to Class WL UWL
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as defined in 15A NCAC 02B .0101.
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ip The Schedule of Classifications and Water Quality Standards for the Cape Fear River Basin was
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amended effective ( 1 Januga 1 2009 as follows:
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(1)
a portion of Cape Fear River [Index No 18-(26)1 (including tributaries) from Smithfield
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Packing Company's intake located approximately 2 miles upstream of County Road
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DEQ-CFW 00070162

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1316. to a point approximately 0 5 miles Mpstream of Smithfield Packing Company's
intake from Class C to Class WS-IV CA.
(2) a portion of Cie Fear River Llndex No 18-(26)1 (including tributaries) from a point
approximately 0 5 miles upstream of Smithfield Packing; Company's intake to a point
approximately 1 mile upstream of Grays Creek from Class C to Class WS-IV.
History Note:
Authority G.S. 143-214.1; 143-215.1; 143-215.3(a)(1);
Eff. February 1, 1976;
Amended Eff. January 1, 2009, November 1, 2007; November 1, 2004, August 1, 2002;
April 1, 1999; August 1, 1998; September 1, 1994; June 1, 1994; August 3, 1992; August
1, 1990.
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DEQ-CFW 00070163