WSMU_MRSV_Ltr_20070420

FWATF
O� tips Michael F.Easley,Governor
0 6 William G.Ross Jr.,Secretary
' t• North Carolina Department of Environment and Natural Resources
t7 '� Alan W.Klimek,P.E.Director
Division of Water Quality
April 20, 2007
Ms. Cecile Ebert
C.E.S. Development Corporation
P.O. Box 830
Mooresville,NC 28115
Subject: Talbert Pointe Business Park
Iredell County,Town of Mooresville
Water Supply Watershed Rules
Dear Ms. Ebert:
It has been requested that the Non-Point Source Assistance and Compliance Oversight Unit
(NPS-ACO)provide guidance as to how to proceed with the review of the Talbert Pointe
Business Park project in the Town of Mooresville. As designed,the project does not comply
with the section of North Carolina Administrative Code (NCAC)that administers standards for
surface water quality within a water supply watershed. Specifically, the proposed Talbert Pointe
Business Park project does not comply with the requirements of 15A NCAC 2B .0216 and .0104
for treatment of storm water in a high-density development within a WS-IV watershed. These
sections of the NCAC are attached and highlighted for your reference.
Please note that the September 2006 approval of the project's storm water management plan by
DWQ's 401 Oversight/Express Permitting Unit does not indicate compliance with the State's
water supply watershed rules or with the Town of Mooresville's watershed protection ordinance.
Rather, the 401 Water Quality Certification was issued consistent with General Certification
condition requirements for this project and did not include local government water supply
watershed program implementation prerequisites.
A review of the Talbert Point Business Park site plan indicates that storm water from five
separate highly-developed parcels totaling approximately 10.1 acres will not receive treatment
from an approved storm water control system. This is of concern to the NPS-ACO Unit as the
water supply watershed rules require 85 percent removal of Total Suspended Solids for the first
inch of rainfall for all high-density development.
This office acknowledges that the plan calls for treatment of stormwater from 9.2 acres offsite. It
is NPS-ACO's understanding that the Town of Mooresville's watershed protection ordinance
does not allow credit for treatment of offsite water.
N�OO,�C Carolina
✓vatura!!y
Wetlands and Stormwater Branch 1617 Mail Service Center Raleigh,NC 27699-1617 Phone[phone]
Internet: h2o.enr.state.nc.us 512 N.Salisbury St. Raleigh,NC 27604 FAX [phone]
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper

C. Ebert,Talbert Pointe Business Park Page 2 4/20/2007 640'
There are several options available to you to proceed with this project and comply with water
supply watershed regulations, as follows:
1) Redesign the project to capture all untreated stormwater. Please be advised that any
revisions to your storm water management plan must be reviewed by DWQ under
Section 401 of the Clean Water Act. A project redesign may also require a new
application for 401 water quality certification.
2) Redesign the five untreated areas as low-density development (max. 24% built-upon
area). Those areas would then be exempt from requirements for engineered storm water
controls; however, storm water runoff would have to be transported by vegetated
conveyances to the maximum extent practicable.
3) Request a major variance to deviate from the minimum storm water control system
requirements. Major variance is defined in 15A NCAC 2B .0202 as "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 detentionpond or other approved stormwater management system;
5)
The variance request would be heard first by the delegated local authority-- the Town of
Mooresville, in this case. The Town must make a finding of fact on three major points:
a) There are practical difficulties or unnecessary hardships that prevent
compliance with the watershed protection ordinance; b)The variance is in
harmony with the general purpose and intent of the local watershed protection
ordinance; and c) In granting the variance, the public safety and welfare have
been assured, and substantial justice has been done.
If the Town believes these conditions have been met, then the variance request will be
brought before the Environmental Management Commission(EMC) for review. Upon
the EMC's approval, the Town will issue a final decision granting the major variance.
Information to be supplied to NPS-ACO Unit
If you choose to pursue a variance,we request that the following information be supplied to this
office at 1617 Mail Service Center, Raleigh,NC 27604 prior to scheduling it for review by the
EMC:
1. A written history of the project, including detailed information about problems that
arose during construction, current status of the project(e.g., what has been built
already),pertinent communications with federal, state, and local agencies, and status
of all permits received and pending.
2. A detailed explanation as to why treatment of storm water from 10.1 acres is not
feasible, if that is the case;

tk, C. Ebert, Talbert Pointe Business Park Page 3 4/20/2007
3. A detailed description of the characteristics of the 9.2 acres of offsite areas that are
being captured in onsite storm water control systems, including site maps, ownership
information, applicable easements, built-upon area/imperviousness, stormwater
controls systems (type, who is responsible for maintenance), and future development
plans;
4. An explanation as to why the Town of Mooresville Planning Department was not
kept informed of the project redesign following problems with the in-stream dam.
Please note, it is the responsibility of the Town of Mooresville to ensure compliance with
watershed protection rules in this case. The NPS-ACO Unit can provide water supply watershed
assistance/guidance to the Town, but a request to pursue a variance must first be approved by the
Town.
Please feel free to contact me if you have any questions about the options outlined in this letter or
other matters relating to the water supply watershed rules. I appreciate the efforts you are
making to work with the Town and the State to ensure protection of North Carolina's water
supply resources.
Sincerely,
Julie Ventaloro
DWQ, Water Supply Watershed Program
Enclosures: referenced sections of NCAC
cc: Tony R. Gaffey,Insite Engineers, Charlotte,NC
Town of Mooresville Planning Department
DWQ Mooresville Regional Office,Alan Johnson
DWQ,401 Oversight/Express Permitting Unit,Annette Lucas
Central Files

t i
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)(I);
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 maybe 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(1), 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
NORTH CAROLINAADMINISTRATIVE CODE Eff August 1, 2004 Page 4

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 governments)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.
OP 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(1). 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.
NORTH CAROLINA ADMINISTRATIVE CODE Eft: Aujust 1.2004 Pane 5

(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).
(1) 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
NORTH CAROLINA ADMINISTRATIVE CODE Elf Aucust 1,2004 Pa2e 6

4
4t
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.
`l11111.bevelopment 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 I 5A
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 runoffby
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
NORTH CAROLINA ADMINISTRATIVE CODE Eff. Aurust 1,2004 Page 7

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
1 I.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 Efj.August 1, 1995;August 3, 1992;March 1, 1991;October 1, 1989.
15A NCAC 02B.0105DETERMINATION 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);
Efj.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;
NORTH CAROLINA ADMINISTRATIVE CODE Eff August 1,2004 Pa2e 8

(Q) Vinyl Chloride: 2 ugh'.
History Note: Authority G.S. 143-214.1; 143-215.3(a)(1);
Eff. September 9, 1979;
Amended Eff 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 water supply waters that are classified WS-IV.Water quality standards
applicable to Class C waters as described in Rule.0211 of this Section also apply to Class WS-IV waters.
(1) The best usage of WS-IV waters are 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 are as follows: waters of this class are protected as water supplies
which are generally 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 which 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 are 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
are allowed. The waters,following treatment required by the Division of Environmental Health,shall meet
the Maximum Contaminant Level concentrations considered safe for drinking,culinary,or food-processing
purposes which 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 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. 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 are 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 which shall have an adverse effect on human health or which are not effectively treated
to the satisfaction of the Commission and in accordance with the requirements of the Division of
Environmental Health,North Carolina Department of Environment and Natural Resources. Any
discharges 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 which 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 which require a
Sedimentation/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 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
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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;
Oil High Density Option:If new development activities which 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 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;
(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;
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;
(F) Minimum 100 foot vegetative buffer is 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 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;
(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
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• ,
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area in addition to the new development approved in compliance with the
appropriate requirements of Sub-Item(3)(bXiXA)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 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 to minimize water quality impacts;
(ii) Critical Area Nonpoint Source and Stormwater Pollution Control Criteria:
(A) Low Density Option: New development activities which 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/1 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 which can not 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) Phenolic compounds: not greater than 1.0 ug/1(phenols)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;
(1) Total hardness shall not exceed 100 mg/1 as calcium carbonate;
(g) Total dissolved solids shall not exceed 500 mg/1;
(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 shall be allowed as follows:
(A) Barium: 1.0 mg/1;
(B) Chloride: 250 mg/1;
(C) Manganese:200 ug/1;
(D) Nickel: 25 ug/l;
(E) Nitrate nitrogen: 10.0 mg/1;
(F) 2,4-D: 100 ug/l;
(G) 2,4,5-TP(Silvex): 10 ug/l;
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