Re-adoption of 15A NCAC 02E Water Use

Hearing Officer’s Report for Re-adoption of 15A NCAC 02E
Water Use Registration and Allocation Rules

Public Hearing Held
on May 20, 2021

Presented to the
North Carolina Environmental Management Commission
on
November 18, 2021

Department of Environmental Quality
Division of Water Resources
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TABLE OF CONTENTS

I BACKGROUND
II PUBLIC HEARING PROCESS
III SUMMARY OF PUBLIC COMMENTS
IV RECOMMENDATION
V ATTACHMENTS AND SUPPORTING DOCUMENTATION
A. Proposed 15A NCAC 02E Rules
B. OSBM Approved 15A NCAC 02E Regulatory Impact Analyses
C. Public Hearing Announcement
D. Hearing Officer’s Remarks
E. Public Hearing Division of Water Resources Staff Presentation
F. Public Hearing Attendees and Speaker
G. Written Comments Received

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I – BACKGROUND
The Water Use Registration and Allocation Program rules implemented by the NC Division of
Water Resources (DWR) underwent rule review as required by S.L. 2013-413 (HB74) during
2017. The final rule review report, issued by the NC Office of Administrative Hearings (NC OAH) in January 2017, determined that the subject rules were “necessary with substantive public interest”. The DWR began the rulemaking process in early 2017 by inviting stakeholders to comment on draft rules. In 2019, DWR staff provided an update to the Water Allocation
Committee (WAC) and sent the draft rules for a pre-review to the Rules Review Commission
(RRC).
II – PUBLIC HEARING PROCESS
The rules, consisting of Title 15A NCAC 02E, Sections .0100, .0300, .0500 & .0600, were approved by the Environmental Management Commission (EMC) to proceed to public notice and hearing during their March 2021 meeting (link to EMC agenda: Agenda Item 21-09). The Chair
of the EMC assigned Commissioner David Anderson to serve as the Hearing Officer on the rule
package. The Regulatory Impact Analyses completed for the 02E rules determined no fiscal notes were necessary for the 15A NCAC 02E rule package (see Attachment B).
In accordance with NC General Statutes Chapter 150B, a virtual public hearing was held on May 20, 2021. Notice of the draft rules and hearing was published in the May 3, 2021 North Carolina
Register Volume 35, Issue 21 (see Attachment C). Public notice through email or postcard was
sent to all active registered water users in the Central Coastal Plain Capacity Use Area, Water Withdrawal and Transfer Registration program, and other public or private entities that may be affected by the rule change. Additionally, the announcement of the public hearing and public comment period, along with necessary background information, was made available on the
following websites:
• DEQ Upcoming events: https://deq.nc.gov/news/events
• DEQ Public notices and hearings: https://deq.nc.gov/news/events/public-notices-hearings
• DEQ Proposed rules: https://deq.nc.gov/permits-regulations/rules-regulations/proposed-rules
• DWR, Groundwater Management Branch: https://www.ncwater.org/?page=49
The notice in the North Carolina Register also included information on how to submit comments. The comment period for the proposed rule revisions began on May 3, 2021 and ended on July 2, 2021.
Approximately 13 people attended the public hearing. One person presented oral comments (which were subsequently submitted in writing) and five written comment letters were received during the comment period.

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III – SUMMARY OF PUBLIC COMMENTS
Below is a summary of public comments received and responses to comments.
15A NCAC 02E .0301(d) APPLICATION; PROCESSING FEES
Currently, farmers are required to register their water withdrawal with DEQ (G.S. 143-215.22H) if they withdraw more than 1 million gallons on any day. Previously, farmers were not charged a registration fee, but upon completing an application form they received a receipt of registration. The revised language being considered would eliminate the issuance of a receipt to farmers.
What is the reason for the proposed change and what is the effect of not receiving a receipt?
What proof would farmers have showing that they had registered their withdrawal?
Response: Paragraph (c) states “Except as otherwise provided in this Rule, upon receipt of a properly completed application form and the registration processing fee, the applicant shall be issued a receipt of registration." Paragraph (d) exempts agriculture
from registration fee. Therefore, there is no change in the rule, just elimination of
repetitive language.
Needs a period after “Quality” and before “Mailing Address”.
Response: DWR agrees and recommends the change.
15A NCAC 02E.0502(c) WITHDRAWAL PERMITS
Three comments with concerns that the proposed language, “no groundwater withdrawal shall
result in adverse impacts”, could result in permit denials for withdrawals considered to have only de minimis impacts.
Response: DWR understands the public’s concerns about the change in language being too restrictive. DWR recommends not using the proposed language that went out to notice
and keeping the original language for 02E .0502(c).
15A NCAC 02E.0502(d) WITHDRAWAL PERMITS
Three comments with concerns that the proposed language, “Any other information necessary to determine whether to grant or deny an application as requested by the Division shall be submitted to the Division within 30 days of the request.”, could result in delays on permit approvals.
Response: This language existed in 02E .0502(b)(2) and was subsequently moved to
.0502(d). Information which may be requested under this rule includes, but is not limited
to, well construction records, pump installation diagrams, historical compliance data, and a hydrogeologic analysis for proposed wells. DWR may request additional information needed to complete the application and satisfy our obligation to ensure
compliance with the applicable rule(s). DWR recommends keeping the proposed change.
15A NCAC 02E.0502(d)(2) WITHDRAWAL PERMITS
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One comment with concerns that this item requires applicants to provide information of existing
permitted wells.
Response: If a permit holder is applying for a permit modification, any supporting information listed in 02E.0502(d) which was NOT provided at the time the original permit was applied for and issued, may be required by DWR. DWR recommends keeping the
proposed changes, which are only formatting changes.
15A NCAC 02E.0502(d)(3) WITHDRAWAL PERMITS
One comment with concerns that there are references in the proposed rules to the Cretaceous Aquifer System zones. For example, 15A NCAC O2E .0502(d)(3) states “…withdrawal permit applications for use of groundwater from the Cretaceous aquifer system shall be reviewed
recognizing the Cretaceous aquifer system zones”. The rules are not specific as to how the
recognitions of these zones will be applied relative to future permitting. Because all the prescribed reductions in withdrawals (previously laid out in 15A NCAC O2E .0503) have been completed, and that section of the rules is being eliminated, how will those prior zones be considered?
Response: DWR agrees language should be clarified. Large investments have been made
by current permit holders to meet Cretaceous aquifer zone reductions. DWR does not
believe the intent of these rules is to allow new users in aquifer zones that have been
mandated to require existing users to reduce their water withdrawals. DWR recommends changing the word “recognizing” to “protecting”.
15A NCAC 02E.0502(e) WITHDRAWAL PERMITS
Two comments with concerns that the proposed language deletion would create uncertainty that
the director would make a decision to either issue, modify, revoke or deny a permit and could result in delays in permit decisions.
Response: This rule was omitted since the authority is already delegated to the Director under 02E .0107(a) – DELEGATION
15A NCAC 02E.0502(j) WITHDRAWAL PERMITS
One comment with concerns that the phrase “… dewatering or salt water encroachment” needs to include the language “of more than 250 milligrams per liter” to ensure that minor chloride fluctuations are NOT misinterpreted as salt water encroachment.
Response: The language is in the definition for salt water, 02E .0507(20).
15A NCAC 02E.0502(m) WITHDRAWAL PERMITS
One comment with concerns that permitted water users are currently allowed to sell or transfer to other users a portion of their permitted withdrawal. The proposed rule revision would not allow permitted users to sell a portion of their withdrawal, but they would still be allowed to transfer a portion to another user. This change would put additional limits on businesses that may be
struggling financially and could benefit from the additional revenue.
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Response: DWR agrees and recommends to un-strike the words “sell or” to be consistent
with 02E .0502(l).
15A NCAC 02E.0502(n) WITHDRAWAL PERMITS
One comment with concerns regarding the necessity to retain language concerning Temporary Permits.
Response: This rule is necessary since it allows existing Cretaceous aquifer users located
in the reduction zones the ability to request a higher withdrawal amount from their
prescribed reduced permit amount. Authority under GS 143-215.15(c).
15A NCAC 02E .0505(c) ACCEPTABLE WITHDRAWAL METHODS THAT DO NOT REQUIRE A PERMIT
One comment with concerns the proposed rule removes the option for farmers to register water
use with the NCDA&CS. They request that proposed change be deleted and that farmers
continue to be allowed to report water use information to the NCDA&CS in the Central Coastal Plain Capacity Use Area.
Response: During the stakeholder process for the initial development of these rules, it was
agreed that Agriculture users may register water use with NCDA&CS instead of DWR. The
registration is due on an annual basis for the CCPCUA program, however as of 2014, the
Water Use Survey is only being conducted every two years.
The CCPCUA permit program depends on having accurate amounts of water withdrawals in specific locations during the CCPCUA application review process. Agricultural water
use is extremely important and needs to be protected and sustainable along with other
large water users. With the survey being done every two years, DWR may not be aware of
an existing farmer and his water needs when reviewing proposed new wells in the area. The water user with the CCPCUA permit or registration will be protected from new water users or existing users proposing to increase water usage. DWR believes the agricultural
community within the CCPCUA will benefit more if they report directly to us so we can
ensure withdrawals are sustainable. DWR would like to reiterate that there are no fees
with the CCPCUA permit or registration, just the monthly reporting for permit holders and annual registration for water users from 10,000 gpd to 100,000 gpd.
15A NCAC 02E .0506 CENTRAL COASTAL PLAIN CAPACITY USE AREA STATUS REPORT
One comment with concerns that preparation of a five-year update report by DWR has been removed.
Response: The five year reports were associated with the Cretaceous aquifer reductions that have now been completed. DWR publishes an Annual Groundwater Report that
covers current conditions in the CCPCUA including all the elements currently identified in
this rule.
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15A NCAC 02E .0507 DEFINITIONS
(1) APPROVED BASE RATE
One comment with concerns that this definition references historic “annual water use rates from the Cretaceous aquifer system…” and that this language needs to be revised with allowance for increased permit allocations in accordance with updated Withdrawal Permit allocations.
Response: Approved base rates are defined because the Cretaceous aquifer withdrawals
within the reduction zones are based on the initial approved base rate. The water
withdrawals that supported the Approved Base Rate were unsustainable withdrawal amounts from those aquifers in the CCPCUA area. It is crucial to acknowledge the reductions that permit holders have incurred to promote sustainable use.
(3) AQUIFER RECHARGE
Two comments with concerns that the proposed definition is not standard in literature and over simplified. One suggestion is to use the following definition: “the addition of water to the zone of saturation” (Driscoll, 1986, Pg 890) instead of “precipitation that infiltrates into the subsurface”.
Response: Based on the public comments, DWR recommends replacing the definition of
aquifer recharge with “the addition of water to the zone of saturation”.
(7) CRETACEOUS AQUIFER SYSTEM ZONES
One comment with concerns that this definition should not include reference to historic aquifer maps.
Response: The definition for Cretaceous aquifer system zone includes a reference to the
Cretaceous aquifer zone map to reflect the 10 years’ worth of water use reduction
requirements that permit holders have made from 2008 to 2018 under 15A NCAC 02E
.0503.

(15) INTERMITTENT USERS
One comment with concerns that the definition is changed in the proposed rule from persons who withdraw groundwater less than 60 days or less than 15 million gallons in a calendar year. The proposed rule would define intermittent users as persons who withdraw groundwater less than 60 days and less than 15 million per calendar year. This would reduce the number of
agricultural users being classified as intermittent users without any reason given.
Response: DWR recommends that the proposed change be deleted and that the definition
of intermittent users remain as currently defined in 02E .0507.
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(19) RECHARGE RATE
Three comments with concerns that the proposed definition is ambiguous and ties recharge determinations for the Cretaceous aquifers to the NCDWR’s monitoring well network. It also does not define the “given time interval” that will be the basis for determining whether or not the recharge rate is exceeded by aggregate withdrawals. Suggest the definition should be limited to
the first sentence and delete the last two sentences.
Response: DWR recommends striking the following proposed language: “Recharge rates
for the Cretaceous aquifer system vary depending on the thickness and hydraulic conductivity of the overlying sedimentary layers. A best fit line through water levels from the Division operated monitoring wells over a given time interval will show if withdrawals
exceed, are less than, or are equal to the aquifer recharge rate.”
GENERAL COMMENTS/QUESTIONS
1) Guidance needs to be provided in the recharge rate to address new wells that are brought online. When a new well is placed into operation there is a time period where water levels in close proximity to the new well decline until the cone of depression levels out. It may take months or
even years for the cone of depression to level due to factors such as location, pumping rates, and
pumping frequency. This is a temporary situation and is not an indication that pumping levels exceed recharge rates.
Response: DWR understands that when new wells are brought online, water levels will decline around that well temporarily. DWR is monitoring regional declines, not short-term
local declines. However, if the rate of decline is substantial in a new well and indicates it
is headed towards an adverse impact, DWR will address the issue with that user.
2) It appears that the “Approved Base Rates” (ABR) are only referred to as an historical reference. Are current permit holders who withdraw from the Cretaceous Aquifer System still governed by a percentage of the ABR, or can they now apply for new permit allocations that are
subject solely to the provisions of 15A NCAC O2E .0502?
Response: Current permit holders in the Cretaceous Aquifer system zones are still
governed by a percentage of the ABR, as indicated in 02E .0502(d)(3), which refers to Cretaceous aquifer zones being recognized during the review process. Existing Cretaceous aquifer system users may use provision 02E .0502(d) to help establish a
higher water use amount than their prescribed reduction, as long as they meet the
specified requirements.
DWR is recommending changing the word “recognizing” to “protecting” in .0502(d)(3) to clarify what the intent is for the Cretaceous Aquifer Zones.
3) Will permits for withdrawals from the Cretaceous Aquifers be allowed by new applicants,
provided that the proposed withdrawals meet the provisions of 15A NCAC O2E .0502? In other
words, if someone proposed to install a new well system in the Cretaceous Aquifers, and they can demonstrate that the proposed withdrawal will not have adverse impacts as described in 15A
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NCAC O2E .0502(C), then could they obtain a permit for a new withdrawal that exceeds
100,000 gallons per day?
Response: New applicants may obtain a permit in the Cretaceous Aquifer System outside of the Cretaceous Aquifer System Zones. Current rules do not permit new users in the designated Cretaceous aquifer zones. During the development of the CCPCUA rules,
DWR assured the stakeholders that the reductions made by existing users would not be
undone by new users when the recovery happened.
4) Can an applicant provide an independent evaluation, through data analysis, predictive calculations, and/or groundwater flow modeling, that a proposed new withdrawal, or an increase in an existing withdrawal, from the Cretaceous Aquifer System will not exceed the recharge
rate? Recharge Rates to a confined aquifer is not a simple attribute to determine. Local water-
level trends in observation wells may not be a reliable indicator of whether or not a withdrawal exceeds the recharge for an aquifer.
Response: : No new withdrawals will be allowed in the Cretaceous aquifer system, however, an applicant may supply an independent evaluation to support their increased
withdrawal request as provided in 02E.0502(d).
5) There has been substantial rebound in water levels in the Cretaceous aquifers as a result of the prescribed reductions. The substantial continued recovery of water levels in the Cretaceous aquifers across the CCPCUA suggests that current withdrawals do not exceed recharge rates. In fact, the evidence suggests that the permitted withdrawals after the Phase II reduction were less
than the recharge rates, and the Phase III reductions likely were not necessary for all permittees.
There appears to be no evidence for continued dewatering in the “dewatering zone”; the “declining water level zone” no longer has declining water levels; and there has not been any compelling evidence for active saltwater encroachment in the saltwater encroachment zone”. How will NCDWR determine future permittable withdrawals from the Cretaceous aquifer zones?
Response: There has been sustained rebound in the Black Creek and Upper Cape Fear
aquifers as a result of the prescribed reductions. The rebounds around the time of phase
II reductions in 2013 were the result of a significant number of our permit holders meeting their full phase III reduction amount early so they could fund their alternate water source. DWR will protect all the reduction efforts recently made from 2008 to 2018
when reviewing applications for new wells in the Cretaceous aquifer reduction zones.
Existing permit holders who made reductions may request a higher Cretaceous water
withdrawal amount if they can document that higher amount is sustainable through 02E.0502(n).
6) In 0.300 it states this for the original reason for the rules: “Central Coastal Plain Capacity
Use Area (CCPCUA) was created due to unsustainable ground water withdrawals of two major
aquifers in the central coastal plain: the Black Creek and Upper Cape Fear. There is evidence of
present and future ground water supply shortages within the area encompassed by the 15 counties in the CCPCUA. Within this area, ground water from the Black Creek and Upper Cape fear aquifers is being withdrawn at a rate that exceeds the available recharge. To address this
problem, DWR created the CCPCUA to regulate water use through permitting to avoid damage
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to the ground water resources and to maintain those sources of water indefinitely.” As a result of
implementing the CCPUCA rules, water levels in the Cretaceous Aquifers of the Coastal Plain have risen in the past 15+ years. So, the original purpose for these rules no longer exists, and the CCPCUA rules have achieved their original intent.
Response: The CCPCUA rules have achieved a portion of the original intent which is
that water levels in the Black Creek and Upper Cape Fear aquifers are found to be
equilibrating to the lower rate of aquifer use as water systems continue to shift demand to
other sources which include surface water and shallower aquifers. While water level data are consistent with sustainable use of the aquifer system, chloride concentrations are still problematic and not just in the Cretaceous aquifers. It is imperative that DWR
continues to monitor and guide water users in making decisions for more sustainable
water sources in the CCPCUA along with protecting the existing users’ investments made
to meet the state mandated CCPCUA water withdrawal reduction requirements.
7) How will these rules impact mining in eastern NC? Will mining companies be limited to not lowering the pumping water level below the top of the aquifer? Section 502(i) states “For withdrawals to dewater mines, pits or quarries, the permit shall delimit the extent of the area and
depths of the aquifer(s) to be dewatered or depressurized. Maximum withdrawal rates and the
permissible extent of dewatering or depressurization shall be determined by the Director using data provided by the applicant, data related to permits under G.S. 74-50, 74-47, and other publicly available information. Withdrawal rates that do not cause adverse impacts, as defined
in Rule .0502(c) of this Section, shall be approved.” Rule 502(c) states “No ground water
withdrawal shall result in adverse impacts, including dewatering of aquifers, encroachment of
salt water, land subsidence or sinkhole development, or decline in aquifer water levels that indicate aggregate water use exceeds the aquifer recharge rate.” However mining of shallow materials, such as the sand and gravel in the surficial aquifer and extraction of limestone from
the Castle Hayne aquifer mines are in conflict with .0502(c). Mines routinely dewater aquifer
materials to facilitate open pit mining. We recognize that .0502(d)(4) and .0502(h) refer to dewatering of mines, pits or quarries, however the provisions listed in .0502(c) do not provide an allowance for dewatering associated with mining. It appears that there is an inconsistency in the language of the rules with regard to mining and that allowance of dewatering in the surficial
aquifer or other aquifer units being mined. We recommend that language should be added to
.0502(c) that makes clear that withdrawals by mining and other use of unconfined aquifers are not excluded from aquifer dewatering.
Response: DWR has addressed this concern by keeping the original language intact in 02E .0502(c).
8) These rule revisions, as written, could be interpreted to “open the door” on groundwater
withdrawals from the Cretaceous Aquifers in the CCPCUA. The stated definitions of “Aquifer Recharge” and “Recharge Rate” haven’t been fully presented, and there is no realistic method proposed to determine whether recharge rates (local or regional) have been exceeded. With these new changes, it could be possible for a permittee to request lowering of the pumping water level
in a well to the top of the confined aquifer and expect the permit to be granted if no other adverse
impacts are anticipated as listed in Rule .0502(c). Is that the intent of the new rules, or is the intent to continue to limit Cretaceous Aquifer withdrawals to their current amounts?
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Response: DWR has noted concerns of it becoming an “open the door” to groundwater
withdrawals. DWR promotes sustainable water use of the Cretaceous aquifers and
protecting the efforts made by existing users that reduced their water use from these aquifers.
9) Instead of the State basing their CCPUUA regulations on Aquifer Recharge and aquifer
Recharge Rate, consider basing them on the Safe Yield of the well, defined by Meinzer (1920,
Geol. Soc. America Bull., v.31) as “the rate at which the groundwater can be withdrawn year
after year, for generations to come, without depleting the supply.” We think that is the goal you are trying to accomplish with these new regulations.
Response: The CCPCUA regulations are not based solely on Aquifer Recharge and
Recharge Rate; the regulations are based on whether the water withdrawals are
sustainable and not having adverse impacts [see 02E .0502(c)]. DWR has noted your
suggestion about adding “Safe Yield” of the well.

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IV – RECOMMENDATION
After careful consideration, the Hearing Officer recommends that the Environmental
Management Commission:
• Readopt with substantive changes 15A NCAC 02E .0301, .0501, .0502, .0504, .0505, .0507, .0602, .0603, .0605-.0615,
• Readopt without substantive changes 15A NCAC 02E .0106, .0107, .0601, .0604, and
• Repeal 15A NCAC 02E .0503 and .0506
as written in Attachment A (Proposed 15A NCAC 02E Rules) of this report.
Attachment A
CHAPTER 02 - ENVIRONMENTAL MANAGEMENT SUBCHAPTER 02E - WATER USE REGISTRATION AND ALLOCATION SECTION .0100 - GENERAL PROVISIONS 15A NCAC 02E .0106 DEFINITIONS (READOPTION WITHOUT SUBSTANTIVE CHANGES) As used herein, unless the context otherwise requires: (1) "Director" means the Director of the Division of Water Resources. (2) "Division" means the Division of Water Resources.
History Note: Authority G.S. 87-87; 143-215.14; 143-215.21; Eff. March 1, 1985; Amended Eff. August 1, 2002. 15A NCAC 02E .0107 DELEGATION (READOPTION WITHOUT SUBSTANTIVE CHANGES) (a) The Director is delegated the authority to grant, modify, revoke or deny permits under G.S. 143-215.15 and G.S. 143-215.16. (b) The Director may delegate any permitting function given by the Rules of this Subchapter. (c) The Director is delegated the authority to assess civil penalties and request the Attorney General to institute civil actions under G.S. 143-215.17. (d) The Director is delegated the authority to process applications and collect fees for registration of water withdrawals and transfers under G.S. 143-215.22H and G.S. 143- 215.3(a)(1b). (e) The Director may delegate any water withdrawal or transfer registration processing functions given by the Rules of this Subchapter. History Note: Filed as a Temporary Amendment Eff. October 14, 1991 for a Period of 180 Days to Expire on April 11, 1992; Authority G.S. 143-215.3(a)(1); 143-215.3(a)(4); Eff. March 1, 1985; Amended Eff. August 1, 2002; September 1, 1994; April 1, 1992. SECTION .0300 - REGISTRATION OF WATER WITHDRAWALS AND TRANSFERS 15A NCAC 02E .0301 APPLICATION; PROCESSING FEES (a) Any person subject to G.S. 143-215.22H, shall complete, sign, and submit an application for registration, on a form provided by the
Department, to the Director of the Division of Water Resources. The registration application and registration processing fee as set forth in Paragraph (b) of this Rule (if applicable) shall be mailed to the Division of Water Resources, North Carolina Department of
Environment, Health, and Natural Resources, Post Office Box 27687, Raleigh, North Carolina 27611-7687 Environmental [Quality,] Quality. The mailing address shall be provided by Division of Water Resources.
(b) Except as otherwise provided in this Rule, a non-refundable registration processing fee in the amount of fifty dollars ($50.00) shall be paid when the registration application form is submitted.
(1) No registration application form is complete until the registration processing fee is paid. (2) Each facility from which a person withdraws or transfers one million gallons per day or more must be separately
registered. The registration application for each facility to be registered must include the fee in the amount set forth in this Rule.
(3)(2) A late registration fee in the amount of five dollars ($5.00) per day for each day the registration of a water transfer or withdrawal is late, up to a maximum of five hundred dollars ($500.00), shall be assessed as a penalty for failure to
register the water transfer or withdrawal in a timely manner. The penalty pursuant to G.S. 143-215.22H(e) shall stop stops accruing on the date of receipt of the completed registration application by the Division of Water Resources.
(4)(3) Payment of the registration processing fee may be by check or money order made payable to the "N. C. Department of Environment, Health, and Natural Resources." "N. C. Department of Environmental Quality." The check or money
order shall refer to the water withdrawal or transfer registration application. (c) Except as otherwise provided in this Rule, upon receipt of a properly completed application form and the registration processing
fee, the applicant shall be issued a receipt of registration. (d) Pursuant to G.S. 143-215.3(a)(la), and G.S. 143-215.22H, no fees including late registration fees for failing to register or update
registrations in a timely manner, are required to be paid under this Rule by a farmer who submits an application for or an update of a registration of a withdrawal or transfer that pertains to farming operations. Upon receipt of a properly completed application from a
farmer, the applicant will be issued a receipt of registration. whose activities are directly related or incidental to the production of crops, fruits, vegetables, ornamental and flowering plants, dairy products, livestock, poultry, and other agricultural products, or to the creation
or maintenance of waterfowl impoundments. (e) Pursuant to G.S. 143-215.22H(c), separate registration of a water withdrawal or transfer is not required of a local government that
completes and periodically revises and updates its water supply plan pursuant to G.S. 143-355(l). (f) Any person who withdraws or transfers one million gallons or more in any single day must register the withdrawal or transfer.
History Note: Filed as a Temporary Rule Eff. October 14, 1991 for a Period of 180 Days to Expire on April 11, 1992;
Authority G.S. 143-215.3(a)(1a); 143-215.3(a)(1b); 143-215.22H ; 143-355(1); Eff. April 1, 1992;
Amended Eff. September 1, 1994.
SECTION .0500 - CENTRAL COASTAL PLAIN CAPACITY USE AREA 15A NCAC 02E .0501 DECLARATION AND DELINEATION OF CENTRAL COASTAL PLAIN CAPACITY USE AREA The area encompassed by the following 15 North Carolina counties and adjoining creeks, streams, and rivers is hereby declared and delineated as the Central Coastal Plain Capacity Use Area: (1) Beaufort (2) Carteret (3) Craven (4) Duplin
(5) Edgecombe (6) Greene
(7) Jones (8) Lenoir (9) Martin (10) Onslow
(11) Pamlico (12) Pitt
(13) Washington (14) Wayne; and (15) Wilson. The Environmental Management Commission finds that the The use of ground water requires coordination and limited regulation in
this delineated area for protection of the public interest. The intent of this Section is to protect the long -term productivity of aquifers within the designated area and to allow the use of ground water for beneficial uses at rates which do not exceed or threaten to exceed
the recharge rate of the aquifers within the designated area.
History Note: Authority G.S. 143-215.13; Eff. August 1, 2002.
15A NCAC 02E .0502 WITHDRAWAL PERMITS (a) Existing ground water withdrawal permits issued in Capacity Use Area No. 1 (15A NCAC 02E .0200) within the Central Coastal Plain Capacity Use Area are reissued under Section .0500 of this Subchapter and are valid until the expiration date specified in each
permit. Water use permits are no longer required for withdrawals in Hyde and Tyrrell Counties as of the effective date of this Rule. Permits are not required for surface water use under Section .0500 of this Subchapter in the Central Coastal Plain Capacity Use Area as
delineated in Rule .0501 of this Section. (b) No person shall withdraw ground water after the effective date of this Rule in excess of 100,000 gallons per day by a well, group of
wells operated as a system, or sump for any purpose unless such person shall first obtain he or she obtains a water use permit from the Director. Existing withdrawals of ground water as of the effective date of this Rule and proposed withdrawals previously approved for
funding appropriated pursuant to the "Clean Water and Natural Gas Critical Needs Bond Act of 1998" or other local, state or federally funded projects as of the effective date of this Rule shall be allowed to proceed with construction or to continue to operate under interim
status until a permit has been issued or denied by the Director, provided that persons withdrawing in excess of 100,000 gallons per day by a well, group of wells operated as a system, or sump comply with the following requirements:
(1) Persons conducting withdrawals in the Capacity Use Area that require a permit shall submit a permit application to the Division of Water Resources within 180 days of the effective date of this Rule.
(2) Persons who have submitted applications shall provide any additional information requested by the Division of Water Resources for processing of the permit application within 30 days of the receipt of that request.
(3) Persons conducting withdrawals in the Capacity Use Area that require a permit shall submit water level and water use data on a form supplied by the Division four times a year, within 30 days of the end of March, June, September, and
December until a permit has been issued or denied by the Division of Water Resources. (c) [No ground water withdrawal shall result in adverse impacts, including dewatering of aquifers, encroachment of salt water, land
subsidence or sinkhole development, or decline in aquifer water levels that indicate aggregate water use exceeds the aquifer recharge rate.] Ground water withdrawals shall be governed by the following standards:
(1) Adverse impacts of ground water withdrawals shall be avoided or minimized. Adverse impacts include, but are not limited to:
(A) dewatering of aquifers; (B) encroachment of salt water;
(C) land subsidence or sinkhole development; or (D) declines in aquifer water levels that indicate that aggregate water use exceeds the aquifer replenishment rate.
(2) Adverse impacts on other water users from ground water withdrawals shall be corrected or minimized through efficient use of water and development of sustainable water sources.
(3) In determining the importance and necessity of a proposed withdrawal the efficiency of water use and implementation of conservation measures shall be considered.
(d) An application for a water use permit must be submitted on a form approved by the Director to the North Carolina Division of Water Resources. The application shall describe the purpose or purposes for which water shall be used, shall set forth the method and location
of withdrawals, shall justify the quantities needed, and shall document water conservation measures to be used by the applicant to ensure
efficient use of water and avoidance of waste. Any other information necessary to determine whether to grant or deny an application as requested by the Division shall be submitted to the Division within 30 days of the request. Withdrawal permit applications shall include the following information: (1) location Location by latitude and longitude of all wells to be used for withdrawal of water. water and all other wells
within 1500 feet of the applicant's wells; (2) specifications Specifications for design and construction of existing and proposed production and monitoring wells
including: including well diameter, total depth of well, depths of all open hole or screened intervals that will yield water to the well, depth of pump intake(s), size, capacity, and type of pump, depth to gravel pack, and depth measurements shall be within accuracy limits of plus or minus 0.10 feet and referenced to a known land surface elevation;
(A) Well diameter; (B) Total depth of the well;
(C) Depths of all open hole or screened intervals that will yield water to the well; (D) Depth of pump intake(s); (E) Size, capacity and type of pump; (F) Depth to top of gravel pack; and
(G) Depth measurements shall be within accuracy limits of plus or minus 0.10 feet and referenced to a known land surface elevation.
Exceptions may be made where specific items of information are not critical, as determined by the Director, to manage the ground water resource; (3) withdrawal Withdrawal permit applications for use of ground water from the Cretaceous aquifer system shall be reviewed protecting [recognizing] the Cretaceous aquifer system zones. include plans to reduce water use from these
aquifers as specified in Rule .0503 of this Section. Withdrawal rates from the Cretaceous aquifer system that exceed the approved base rate may be permitted during Phase I of Rule .0503 of this Section if the applicant can demonstrate
to the Director's satisfaction a need for the greater amount. Cretaceous aquifer system wells shall be identified using the specifications in Rule .0502(d)(1) and .0502(d)(2) of this Section and the hydrogeological framework;
(4) withdrawal Withdrawal permit applications for dewatering of mines, pits or quarries shall include a dewatering or depressurization plan that includes:
(A) the current withdrawal rate or estimates of the proposed withdrawal rate; (B) the location, design and specifications of any sumps, drains or other withdrawal sources including wells and trenches; (C) the lateral extent and depth of the zone(s) to be dewatered or depressurized;
(D) location by latitude and longitude of all wells within 1500 feet of the excavation boundary; (E)(D) a monitoring plan that provides data to delineate the nature and extent of dewatering or depressurization; and
(F)(E) certification of all engineering plans and hydrogeological analyses prepared to meet these requirements consistent with professional licensing board statutes and rules governing such activities.
Exceptions may be made where specific items of information are not critical, as determined by the Director, to manage the ground water. water resource; and
(5) conservation measures. the The applicant shall provide information on existing conservation measures and conservation measures to be implemented during the permit period as follows:
(A) Public water supply systems shall develop and implement a feasible water conservation plan incorporating, at a minimum, the following components. Each component shall be described, including a timetable for
implementing each component that does not already exist. (i) adoption Adoption of a water conservation-based rate structure, such as : flat rates, increasing block
rates, seasonal rates, or quantity-based surcharges; surcharges. (ii) implementation Implementation of a water loss reduction program if unaccounted for water is
greater than 15 percent of the total amount produced, as documented annually using a detailed water audit. Water loss reduction programs shall consist of annual water audits, in-field leak detection,
and leak repair; repair. (iii) adoption Adoption of a water conservation ordinance for irrigation, including such measures as: as
time-of-day and day-of-week restrictions on lawn and ornamental irrigation, irrigation or automatic irrigation system shut-off devices; or other appropriate measures.
(iv) implementation Implementation of a retrofit program that makes available indoor water conservation devices to customers, such (such as showerheads, toilet flappers, and faucet aerators;
aerators). (v) implementation Implementation of a public education program, such (such as water bill inserts,
school and civic presentations, water treatment plant tours, and public services announcements; and announcements, or other appropriate measures) .
(vi) evaluation Evaluation of the feasibility of water reuse as a means of conservation, where applicable. (B) Users of water for commercial purposes, other than irrigation of crops and forestry stock, shall develop and
implement a water conservation plan as follows: (i) an audit of water use by type of activity, such as process make up water and non-contact cooling
water, activity (for example, process make-up water, non-contact cooling water) including existing and potential conservation and reuse measures for each type of water use; and
(ii) an implementation schedule for feasible measures identified in the above item for conservation and
reuse of water at the facility. (C) Users of water for irrigation of crops and forestry stock shall provide the following information: (i) total acreage with irrigation available; (ii) types of crops that may be irrigated;
(iii) method of irrigation such as (for example, wells that supply water to canals, ditches or central pivot systems or any other irrigation method using ground water); and
(iv) a statement that the applicant uses conservation practice standards for irrigation as defined by the Natural Resources Conservation Service. (6) if If an applicant intends to operate an aquifer storage and recovery program (ASR), the applicant shall provide information on the storage zone, including the depth interval of the storage zone, lateral extent of the projected storage
area, construction details of wells used for injection and withdrawal of water, and performance of the ASR program. (e) The Director shall issue, modify, revoke, or deny each permit as set forth in G.S. 143-215.15. Permittees may apply for permit
modifications. Any application submitted by a permittee shall be subject to the public notice and comment requirements of G.S. 143-215.15(d). (f) Permit duration shall be set by the Director as described in G.S. 143-215.16(a). Permit transferability is established in G.S. 143-215.16(b).
(e)(g) Persons holding a permit shall submit signed water usage and water level reports to the Director not later than 30 days after the end of each permit reporting period as specified in the permit. Monitoring report requirements shall may include:
(1) amounts Amounts of daily withdrawal from each well; well. (2) pumping Pumping and static water levels for each supply well as measured with a steel or electric tape, or an alternative method as specified in the permit, at time intervals specified in the permit; permit. (3) static Static water levels in observation wells at time intervals specified in the permit; permit.
(4) annual Annual sampling by applicants located in the salt water encroachment zone and chloride concentration analysis by a State certified laboratory; and laboratory.
(5) any Any other information the Director determines to be pertinent and necessary to the evaluation of the effects of withdrawls. withdrawals during the application review process.
(f)(h) Water use permit holders shall not add new wells without prior approval from the Director. Director through a permit modification. (g)(i) The Director may require permit holders to construct observation wells to observe water level and water quality conditions before
and after water withdrawals begin if there are concerns about adverse impacts to the aquifer based on the withdrawal amount and location. there is a demonstrated need for aquifer Aquifer monitoring may be necessary to assess the impact of the withdrawal on the
aquifer. (h)(j) For all water uses other than dewatering of mines, pits or quarries, withdrawals shall be permitted only from wells that are
constructed such that the pump intake or intakes are at a shallower depth than the top of the uppermost confined aquifer that yields water to the well. Confined aquifer tops are established in the hydrogeological framework. Where wells in existence as of the effective date
of this Rule are not in compliance with the requirements of this provision, the permit shall include a compliance schedule for retrofitting or replacement of non-compliant wells. Withdrawals from unconfined aquifers shall not lower the water table by an amount large enough to decrease the effective thickness of the unconfined aquifer by more than 50 percent. (i)(k) For withdrawals to dewater mines, pits or quarries, the permit shall delimit the extent of the area and depths of the aquifer(s) to
be dewatered or depressurized. Maximum withdrawal rates and the permissible extent of dewatering or depressurization shall be determined by the Director using data provided by the applicant, data related to permits under G.S. 74-50, 74-47, and other publicly
available information. Withdrawal rates that do not cause adverse impacts, as defined in Rule .0502(c) of this Section, shall be approved. (j)(l) Withdrawals of water that cause changes in water quality such that the available uses of the resource are adversely affected, by
dewatering or salt water encroachment, shall not be permitted. For example, withdrawals shall not be permitted that result in migration of ground water that contains more than 250 milligrams per liter chloride into pumping wells that contain chloride at concentrations
below 250 milligrams per liter. (k)(m) General permits may be developed by the Division and issued by the Director for categories of withdrawal that involve the same
or substantially similar operations, have similar withdrawal characteristics, require the same limitations or operating conditions, and require similar monitoring. (l)(n) Permitted water users may withdraw and sell or transfer water to other users provided that their permitted withdrawal limits are not exceeded.
(m)(o) A permitted water user may sell or transfer to other users a portion of his permitted withdrawal. To carry out such a transfer, the original permittee must request a permit modification to reduce his permitted withdrawal and the proposed recipient of the transfer must
apply for a new or amended withdrawal permit. permit under Section .0500 of this Subchapter. (n)(p) The Director shall issue a temporary permit when the following conditions are met:
(1) Where an applicant or a permit holder can demonstrate demonstrates that compliance with water withdrawal limits established pursuant to this Section under Section .0500 of this Subchapter is not possible because of construction
schedules, requirements of other laws, or other reasons beyond the control of the applicant or permit holder; holder, and where
(2) the applicant or permit holder has made good faith efforts to conserve water and to plan the develop ment of other water sources, and sources, the Director may issue a temporary permit with an alternative schedule to attain
compliance with provisions of Section .0500 of this Subchapter, as authorized in G.S. 143-215.15(c)(ii). (3) the applicant or permit holder provides data from monitoring wells which support a higher withdrawal rate which does
not exceed the recharge rate.
History Note: Authority G.S. 143-215.14; 143-215.15; 143-215.16;
Eff. August 1, 2002. 15A NCAC 02E .0503 PRESCRIBED WATER USE REDUCTIONS IN CRETACEOUS AQUIFER ZONES Cretaceous aquifer water use shall be reduced in prescribed areas over a 16 year period, starting from approved base rates on the effective
date of this Rule. The Cretaceous aquifer system zones and the three phases of water use reductions are listed as follows: (1) Cretaceous aquifer system zones are regions established in the fresh water portion of the Cretaceous aquifer system
that delimit zones of salt water encroachment, dewatering and declining water levels. These zones are designated on the paper and digital map entitled "Central Coastal Plain Capacity Use Area Cretaceous Aquifer Zones" (CCPCUA) on file in the Office of the Secretary of State one week prior to the effective date of these Rules (2) The reductions specified in this Rule do not apply to intermittent users.
(3) If a permittee implements an aquifer storage and recovery program (ASR), reduction requirements will be based on the total net withdrawals. The reductions specified in this Rule do not apply if the volume of water injected into the
aquifer is greater than the withdrawal volume. If the withdrawal volume is greater than the injected volume, reductions specified in this Rule apply to the difference between the withdrawal volume and the injected volume. (4) The reductions specified in this Rule shall not reduce permitted water use rates below 100,001 gallons per day. (5) Phase definitions:
(a) Phase I: The six year period extending into the future from the effective date of this Rule. (b) Phase II: The five year period extending into the future from six years after the effective date of this Rule to
11 years after the effective date of this Rule. (c) Phase III: The five year period extending into the future from 11 years after the effective date of this Rule to 16 years after the effective date of this Rule. (6) Phase reductions:
(a) Phase I: (i) At the end of the Phase I, permittees who are located in the dewatering zone shall reduce annual
water use from Cretaceous aquifers by 25% from their approved base rate. (ii) At the end of the Phase I, permittees who are located in the salt water encroachment zone shall
reduce annual water use from Cretaceous aquifers by 25% from their approved base rate. (iii) At the end of the Phase I, permittees who are located in the declining water level zone shall reduce
annual water use from Cretaceous aquifers by 10% from their approved base rate. (b) Phase II:
(i) At the end of the Phase II, permittees who are located in the dewatering zone shall reduce annual water use from Cretaceous aquifers by 50% from their approved base rate.
(ii) At the end of the Phase II, permittees who are located in the salt water encroachment zone shall reduce annual water use from Cretaceous aquifers by 50% from their approved base rate.
(iii) At the end of the Phase II, permittees who are located in the declining water level zone shall reduce annual water use from Cretaceous aquifers by 20% from their approved base rate.
(c) Phase III: (i) At the end of the Phase III, permittees who are located in the dewatering zone shall reduce annual
water use from Cretaceous aquifers by 75% from their approved base rate. (ii) At the end of the Phase III, permittees who are located in the salt water encroachment zone shall
reduce annual water use from Cretaceous aquifers by 75% from their approved base rate. (iii) At the end of the Phase III, permittees who are located in the declining water level zone shall reduce
annual water use from Cretaceous aquifers by 30% from their approved base rate. (7) The CCPCUA Cretaceous Aquifer Zones map shall be updated, if necessary, in the sixth, eleventh, and sixteenth years
following the effective date of this Rule to account for aquifer water level responses to phased withdrawal reductions. The map update shall be based on the following conditions:
(a) Rate of decline in water levels in the aquifers; (b) Rate of increase in water levels in the aquifers;
(c) Stabilization of water levels in the aquifers; and (d) Chloride concentrations in the aquifers.
This aquifer information shall be analyzed on a regional scale and used to develop updated assessments of aquifer conditions in the Central Coastal Plain Capacity Use Area. The Environmental Management Commission (EMC) may adjust the aquifer zones and the
water use reduction percentages for each zone based on the assessment of conditions. The EMC shall adopt the updated map and reduction percentage changes after public hearing.
(8) The reductions specified in this Rule do not apply to wells exclusively screened or open to the Peedee aquifer. (9) An applicant may submit documentation supporting the exemption of a well located in the Declining Water Level
Zone from the withdrawal reductions specified in this Rule. This documentation must include a record of monthly static water levels from that well over at least a three-year period, ending with the month when the request for
exemption is submitted. The Director may exempt a well from reductions if the water level history shows no pattern of decline during this three-year period. A well previously exempted from the withdrawal reductions shall become
subject to the reduction if water levels begin to show a pattern of decline.
History Note: Authority G.S. 143-215.15; Eff. August 1, 2002.

15A NCAC 02E .0504 REQUIREMENTS FOR ENTRY AND INSPECTION (a) The Division may enter and inspect property in order to evaluate wells, pumps, metering equipment or other withdrawal or measurement devices and records of water withdrawals and water levels, if: (1) Persons conduct an activity that the Division believes requires the use of water at quantities that subject the person
subject to regulation under these Rules; (2) A permittee or applicant has not provided data or information on use of water and wells and other water withdrawal
facilities as required by these Rules; or (3) Water levels and chloride concentrations at the person's facility, or at nearby facilities and/or or monitoring stations, indicate that aquifers may be damaged by overpumping, overpumping or salt water encroachment, or other adverse impacts affects that may be attributed to withdrawal by the person.
(b) All information submitted to fulfill the requirements of these Rules, or to obtain a permit under these Rules, or obtained by inspection under these Rules, shall be treated as Confidential Business Information, if requested by the applicant, and found to be such by the Division. Reports defined in Rule .0502(e) .0502(g) of this Section are not considered Confidential Business Information. History Note: Authority G.S. 143-215.19; Eff. August 1, 2002.
15A NCAC 02E .0505 ACCEPTABLE WITHDRAWAL METHODS THAT DO NOT REQUIRE A PERMIT (a) As of the effective date of this Rule, any Any person who is not subject to Rule .0502 of this Section and withdraws more than 10,000 gallons per day from surface or ground water in the Central Coastal Plain Capacity Use Area, shall register such withdrawals on a form supplied by the Division and comply with the following provisions: (1) construct Construct new wells such that the pump intake or intakes are above the top of the uppermost confined aquifer
that yields water to the well. Confined aquifer tops are established in the hydrogeological framework; (2) report Report surface and ground water use to the Division of Water Resources on an annual basis on a form supplied
by the Division; and (3) withdraw Withdraw water in a manner that does not damage the aquifer, aquifer or cause salt water encroachment,
encroachment or other adverse impacts. (b) Requirements of this Rule These requirements do not apply to withdrawals to supply an individual domestic dwelling.
(c) Agricultural water users may either register water use with the Division of Water Resources as provided in this Rule or provide the information to the North Carolina Department of Agriculture and Consumer Services.
History Note: Authority G.S. 143-215.14; 143-355(k);
Eff. August 1, 2002.
15A NCAC 02E .0506 CENTRAL COASTAL PLAIN CAPACITY USE AREA STATUS REPORT Within two years of the effective date of this Rule, and at five-year intervals thereafter, the Division of Water Resources shall publish a
status report on the Central Coastal Plain Capacity Use Area. The report shall include the following: (1) Compilations of water use data;
(2) Evaluations of surface and ground water resources; (3) Updated information about the hydrogeologic framework in the Central Coastal Plain Capacity Use Area;
(4) A summary of alternative water sources and water management techniques that may be feasible by generalized geographic location; and
(5) A status report on actions by water users to develop new water sources and to increase water use efficiency.
History Note: Authority G.S. 143-215.14; Eff. August 1, 2002.
15A NCAC 02E .0507 DEFINITIONS The following is a list of definitions for terms found in Section .0500 of this Subchapter: (1) Approved base rate: The larger of a person's January 1, 1997 through December 31, 1997 or August 1, 1999 through
July 31, 2000 annual water use rate from the Cretaceous aquifer system, or an adjusted water use rate determined by through negotiation with the Division based upon documentation of the following information: using documentation
provided by the applicant of: (a) water use reductions made since January 1, 1992;
(b) use of wells for which funding has been approved or for which plans have been approved by the Division of Environmental Health Department of Environmental Quality by the effective date of this Rule August 1,
2002; (c) the portion of a plant nursery operation using low volume micro-irrigation; or
(d) other relevant information pertaining to water use during the time periods specified. (2) Aquifer: Water-bearing earth materials that are capable of yielding water in usable quantities to a well or spring.
(3) Aquifer recharge: [Precipitation that infiltrates into the subsurface.] The addition of water to the zone of saturation. (4)(3) Aquifer storage and recovery program (ASR): Controlled injection of water into an aquifer with the intent to store
water in the aquifer for subsequent withdrawal and use.
(5)(4) Confining unit: A geologic formation that does not yield usable economically practical quantities of water to wells or
springs. Confining units separate aquifers and slow the movement of ground water. (6)(5) Cretaceous aquifer system: A system of aquifers in the North Carolina coastal plain that is comprised of water-bearing earth materials deposited during the Cretaceous period of geologic time. The extent of the Cretaceous Aquifer System is defined in the hydrogeological framework and includes the Peedee, Black Creek, Upper Cape Fear and Lower Cape
Fear aquifers. (7) Cretaceous aquifer system zones: Regions established in the fresh water portion of the Cretaceous aquifer system that
delimit zones of salt water encroachment, dewatering and declining water levels. These zones are designated on the paper and digital map entitled "Central Coastal Plain Capacity Use Area Cretaceous Aquifer Zones" (CCPCUA) on file in the Office of the Secretary of State. These zones encompass areas sensitive to over-development because aquifer withdrawal rates can exceed recharge rates. Between August 1, 2002 and July 31, 2019 Cretaceous Aquifer system
zone users were required to reduce withdrawals from their Approved Base Rates up to 30% in the declining water level zone and up to 75% in the dewatering and salt water encroachment zones. The reductions came about through
large investments by water users in alternative water sources and water treatment systems. Intermittent users were not required to reduce withdrawals. Users of wells exclusively screened or open to the Peedee aquifer were not required to reduce withdrawals. (8)(6) Dewatering: Dewatering occurs when aquifer water levels are depressed below the top of a confined aquifer or water
table declines adversely impact affect the resource. (9)(7) Flat rates: Unit price remains the same regardless of usage within customer class.
(10)(8) Fresh water: Water containing chloride concentrations equal to or less than 250 milligrams per liter. (11)(9) Gravel pack: Sand or gravel sized material inside the well bore and outside the well screen and casing. (12)(10) Ground water: Water in pore spaces or void spaces of subsurface sediments or consolidated rock. (13)(11) Hydrogeological framework: A three-dimensional representation of aquifers and confining units that is stored in
Division data bases and may be adjusted by applicant supplied information. (14)(12) Increasing block rates: Unit price increases with additional usage.
(15)(13) Intermittent users: Persons who withdraw ground water less than 60 days per calendar year [and] or who withdraw less than 15 million gallons of ground water in a calendar year; or aquaculture operations registered by the Board of
Agriculture in accordance with G.S. 106-761 licensed under the authority of G.S. 106-761 using water for the initial filling of ponds or refilling of ponds no more frequently than every five years.
(16)(14) Observation well: A non-pumping well screened in a particular aquifer where water levels can be measured and water samples can be obtained.
(17)(15) Pumping water level: The depth to ground water in a pumping well as measured from a known land surface elevation. Measurements shall be made four hours after pumping begins. Measurements shall be within accuracy limits of plus
or minus 0.10 feet. (18)(16) Quantity based surcharges: Surcharges billed with usage over a certain determined quantity.
(19)(17) Recharge rate: The rate of which water replenishes an aquifer. [Recharge rates for the Cretaceous aquifer system vary depending on the thickness and hydraulic conductivity of the overlying sedimentary layers. A best fit line through
water levels from the Division operated monitoring wells over a given time interval will show if withdrawals exceed, are less than, or are equal to the aquifer recharge rate.]
(20)(17) Salt water: Water containing chloride concentrations equal to and in excess of 250 milligrams per liter. (21)(18) Salt water encroachment: The lateral or vertical migration of salt water toward areas occupied by fresh water. This
may occur in aquifers due to natural or man-made causes. (22)(19) Seasonal rates: Unit price changes prices change according to the season.
(23)(20) Static water level: The depth to ground water in a non-pumping well as measured from a known land surface elevation. Measurements shall be made after pumping has ceased for 12 hours. Measurements shall be within accuracy limits of
plus or minus 0.10 feet. (24)(21) Unaccounted for water: The difference between the total water entering the system, including produced and purchased,
system (produced and purchased) and the total metered or otherwise accounted for water usage. (25)(22) Water table: The water level in an unconfined aquifer.
History Note: Authority G.S. 143-215.14;
Eff. August 1, 2002.
SECTION .0600 – WATER USE DURING DROUGHTS AND WATER SUPPLY EMERGENCIES 15A NCAC 02E .0601 SCOPE (READOPTION WITHOUT SUBSTANTIVE CHANGES) The purpose of this Section is to minimize harmful impacts of drought and water supply emergencies on public health and safety,
environmental quality, and the economy by establishing minimum standards and practices for water shortage response planning, water use reporting, water conservation, and water reuse during droughts and water supply emergencies.
History Note: Authority G.S. 143-354(a)(1); 143-354(a)(8); S.L. 2002-167; Eff. March 19, 2007.
15A NCAC 02E .0602 DEFINITIONS The following definitions shall apply for the purposes of this Section,
(9)(1) "Council" and "NCDMAC" mean the North Carolina Drought Management Advisory Council.
(8)(2) "Department" means the North Carolina Department of Environment and Natural Resources (DENR) Environmental Quality (DEQ). (10)(3) "Drought Advisory" means an advisory issued by the NCDMAC that delineates the geographic extent and severity of a water deficit significant enough to have social, environmental or economic effects. Drought Advisories shall be
designated as Abnormally Dry, Moderate Drought, Severe Drought, Extreme Drought and Exceptional Drought to indicate the severity of conditions from least to most severe, respectively. (4) "Effective" means successful in producing the desired or intended result. (5) "Efficient" achieving maximum productivity with minimum wasted effort or expense. (6) "Efficient use" is reducing water wastage by measuring the amount of water required for a particular purpose and the amount of water used or delivered.
(4)(7) "Essential water use" means the use of water necessary for fire fighting, health and safety purposes; water needed to sustain human and animal life; and water necessary to satisfy federal, state and local public health, safety or
environmental protection requirements. (8) "Industry Best Management Practices" are methods that have been determined to be the most effective and practical means of completing a task. (9) "Industry Standards" are a set of criteria within an industry relating to the standard functioning and carrying out of
operations in their respective fields of production. (10) "Normal Operating Procedures (NOPs)" is a set of step-by-step instructions compiled by an organization to help
workers carry out complex routine operations. NOPs aim to achieve efficiency, quality output and uniformity of performance, while reducing miscommunication and failure to comply with industry regulations. (5)(11) "Non-essential water use" means categories of water use, other than essential water use, that may be curtailed during droughts and water emergencies.
(2)(12) "Person" means any individual, corporation, company, association, partnership, unit of local government, state agency, federal agency, or other legal entity.
(13) "Privately owned" are water systems that can be for-profit systems managed by investors or shareholders. (14) "Publicly owned" are water systems that are usually non-profit entities managed by local or state governments, for
which rates are set by a governing board. (6)(15) "State agencies" includes all agencies of the executive branch of the government of North Carolina, the General
Assembly, the General Court of Justice, and the University of North Carolina. (11)(16) "Syringing" means the application of a small volume of water, usually 0.10 inch or less of water, near midday to
correct plant water deficits, reduce plant tissue temperatures and reduce the heat stress on turfgrass plants. (7)(17) "Unit of local government" means a county, city, town, incorporated village, consolidated city-county, sanitary district
or other local political subdivision, or authority or agency of local government. (1)(18) "Water" means any waters of the State located on or below the land surface as well as water contained within a water
treatment and distribution system. (3)(19) "Water delivery system" means any open or closed conveyance system used to move water for potable or non-potable
purposes from its point of origin to a point of use, including: municipal water systems; residential, commercial, industrial, and commercial plumbing systems; irrigation systems; water using equipment; and flexible hoses.
History Note: Authority G.S. 143-354(a)(8); S.L. 2002-167;
Eff. March 19, 2007. 15A NCAC 02E .0603 GENERAL INFORMATION (a) The provisions of this Section apply to the following classes of water users:
(1) Publicly owned and privately owned water supply systems; (2) State agencies;
(3) Units of local government; (4) Business and industrial water users; and (5) Agricultural and horticultural water users. (b) This Section does not prevent owners and operators of a water delivery system or other persons from developing, implementing and
requiring water use measures in response to droughts or emergency water shortages that are more restrictive than the specified response measures in Rules .0612 through .0614.
(b) All owners and operators of a water delivery system may develop, implement, and require more stringent standards than those set forth in Rules .0612 through .0614 of this Section in response to droughts or emergency water shortages.
(c) All established and new uses of reclaimed water, consistent with the provisions of 15A NCAC 02H .0200 02U .0100 and any successive rules and amendments that define and the use of reclaimed water, as administered by the Department's Division of Water
Resources Quality, shall be exempt from the requirements set forth in this Section.
History Note: Authority S.L. 2002-167; Eff. March 19, 2007. 15A NCAC 02E .0604 ANNUAL REPORTING OF WATER USE DATA (READOPTION WITHOUT SUBSTANTIVE CHANGES)
In order to improve the availability of data for the development of the State water supply plan to be used when managing water resources
during drought and water supply emergencies and to provide a basis for evaluating the effectiveness of emergency water conservation measures, the following data reporting requirements have been established: (1) Water systems that are required to prepare a Local Water Supply Plan under G.S. 143-355(l) shall, irrespective of the issuance of a drought advisory, annually report to the Department the following information:
(a) Water system identification information; (b) Annual average daily water use (total amount of surface and ground water withdrawn as well as water supplied by another system) by the water system, in million gallons per day (MGD); (c) The average daily water use (total amount of surface and ground water withdrawn as well as water supplied by another system) for each month of the prior calendar year, in million gallons per day (MGD); (d) The number of connections for residential, industrial, commercial and institutional metered and non-metered
water use, as of December 31st of the reporting year; (e) The annual average daily water use in million gallons per day (MGD) categorized by residential, industrial, commercial, institutional water uses and sales to other systems to the extent that this information by category is available; and (f) Water used by the system, in addition to the amount delivered to customers, to meet water treatment and distribution requirements, in million gallons per day (MGD).
(2) All persons that are required to register water withdrawals and transfers under G.S. 143-215.22H, who are not subject to Item (1) of this Rule, shall annually report to the Department monthly average water use in million gallons per day (MGD) for each month. The following information shall be reported: (a) Owner and facility identification information; (b) Sources of water withdrawn; (c) Number of days water was withdrawn for each month; and (d) Average daily withdrawal for the actual number of days water was withdrawn each month, in million gallons per day (MGD). (3) Data shall be submitted electronically. Water users that exhibit to the Division of Water Resources an inability to submit data electronically may submit data in writing on a form supplied by the Department.
(4) Data shall be submitted to the Department by April 1st of each year for the period of January 1st to December 31st of the prior year.
History Note: Authority G.S. 143-355(k); 143-355(l); 143-354(a); Eff. March 19, 2007. 15A NCAC 02E .0605 WATER USE REDUCTION REPORTING, NEW WATER WITHDRAWAL REPORTING AND REGIONAL COORDINATION DURING DROUGHTS In order to promote regional cooperation for the equitable use of water resources during a drought or other water supply emergency, all persons, as specified below, shall comply with the following reporting and coordination procedures: (1) Publicly and privately owned community water systems and units of local government shall report to the Division of Water Resources the implementation of mandatory water conservation measures within 72 hours of their initial
enactment. (2) All persons that intend to make a new water withdrawal , which that has not previously been registered under G.S.
143-215.22H, of 100,000 gallons or more in an area designated by the Council as suffering from Extreme or Exceptional Drought shall report to the Division of Water Resources, by the same means outlined in Item (3) of Rule .0604, Rule .0604(3) of this Section, the following information at least seven days prior to the withdrawal: (a) Contact information for the person making the water withdrawal;
(b) Source(s) of water to be withdrawn; (c) Number of days water is anticipated to be withdrawn; and
(d) Anticipated average daily withdrawal in million gallons per day (MGD). (3) All persons that withdraw water shall monitor drought and water supply conditions and shall participate in regional coordination for the management of water resources, evaluation of the cumulative effects of water withdrawals on regional water resources and the development of alternative water supply sources. Based on an assessment of drought
severity and regional water supply conditions, the Department may contact water systems within the affected region to arrange a consultation meeting between water systems and relevant state and local agencies. The Department shall
moderate these consultations and provide technical assistance. History Note: Authority G.S. 143-354(a)(8); 143-355(k); S.L. 2002-167; Eff. March 19, 2007.
15A NCAC 02E .0606 WATER SHORTAGE RESPONSE PLANNING REQUIREMENTS All classes of water users shall prepare a Water Shortage Response Plan according to the water shortage response planning provisions in Rules .0607 through .0611 for their appropriate class of water use. All classes of water users shall prepare a Water Shortage Response
Plan in accordance with Rules .0607-.0611 of this Section. The purpose of these Water Shortage Response Plans is to plan for an effective course of action to minimize harmful impacts of drought and water supply emergencies on public health and safety,
environmental quality, and the economy. Water Shortage Response Plans shall take into account the specific characteristics of the water sources and the water uses for which the plan is prepared.

History Note: Authority G.S. 143-354(a)(1); 143-355(l); S.L. 2002-167; Eff. March 19, 2007. 15A NCAC 02E .0607 PUBLICLY AND PRIVATELY OWNED WATER SYSTEM WATER SHORTAGE RESPONSE PLANNING REQUIREMENTS (a) Publicly and privately owned Units of local governments and large community water systems that are required to prepare a Local
Water Supply Plan under G.S. 143-355(l) shall include the following information in their local Water Shortage Response Plans for review by the Division of Water Resources: (1) The designation of a staff position or organizational unit responsible for the implementation of their Water Shortage Response Plan;
(2) Notification procedures that will be used to inform employees and water users about the implementation of the plan and required water conservation response measures; (3) Tiered levels of response actions to be taken to reduce water use based on the severity of water shortage conditions; (4) Specific measurements of available water supply, water demand and system conditions that will be used to determine the severity of water shortage conditions and to initiate water use reduction measures and the movement between various levels;
(5) Procedures that will be used to regulate compliance with the provisions of the plan; (6) Procedures for affected parties to review and comment on the plan prior to final adoption; (7) Procedures to receive and review applications for variances from specific requirements of the plan and the criteria that will be considered in the determination to issue a variance; (8) An evaluation method to determine the actual water savings accomplished and the effectiveness of the Water Shortage Response Plan when implemented; and (9) Procedures for revising and updating Water Shortage Response Plans to improve plan effectiveness and adapt to new circumstances. (b) Publicly and privately owned Units of local governments and large community water systems that are required to prepare a Local Water Supply Plan shall submit a copy of their Water Shortage Response Plan and any subsequent revisions of the plan to the Division
of Water Resources for review every five years with the full Local Water Supply Plan, as required by G.S. 143-355(l). (c) Publicly and privately owned water systems not required to prepare a Local Water Supply Plan shall:
(1) Assess their vulnerability to drought and water shortage emergencies; and (2) Prepare a written plan for responding to water shortage emergencies and drought using the provisions of Paragraph (a) of this Rule. (d) Publicly and privately owned water systems that depend on the water storage in a private or public impoundment that they do not
own and operate under a contract for the withdrawal of water issued by the owner of an impoundment shall prepare a written plan for responding to water shortages that is consistent with the provisions of the contract and shall comply with all Water Shortage Response
Plan provisions established by the owner of the impoundment. (e) Water Shortage Response Plans shall provide for water users who have made improvements to maximize water use efficiency in their daily operations and may face disproportionate hardships when making further water use reductions. Water Shortage Response Plans shall avoid restricting efficient water users in ways that would undermine incentives for water users to seek continued
improvements in water use efficiency and shall honor locally approved certification programs that recognize efficient water users who meet industry standards for water use efficiency and water conservation. (f) When the NCDMAC issues a drought advisory designating an area of the state as currently suffering from drought, publicly and privately owned water systems that depend on water from the designated area shall for the duration of the designation: (1) Implement the provisions of their Water Shortage Response Plan, as determined by the specific indicators established in the plan for initiating response measures;
(2) Monitor and document water supply conditions; (3) Educate customers and employees on the need to conserve water and how to prepare for potential drought conditions; (4) Inspect water delivery system components and ensure that existing equipment is operating as efficiently as possible; (5) Stay informed on drought and water shortage emergency conditions and participate in regional coordination for the management of water resources; and (6) Evaluate the feasibility of reclaiming and recycling water to meet water needs. History Note: Authority G.S. 143-354(a)(1); 143-355(l); S.L. 2002-167; Eff. March 19, 2007. 15A NCAC 02E .0608 STATE AGENCY WATER SHORTAGE RESPONSE PLANNING REQUIREMENTS (a) State agencies that supply their own water shall prepare a written plan for responding to water shortages using the provisions of
Rule .0607(a). .0607(a) of this Section. (b) State agencies that are supplied water by a publicly or privately owned water system shall:
(1) Review normal operating procedures and water use to identify options to reduce water use and maximize water use efficiency during water supply emergencies, including changes to normal operating procedures; (3) Provide information to their water purveyor(s) upon request to support development of the purveyor's Water Shortage Response Plan(s), including the agency's ability to reduce water use and limitations to reducing water use during
droughts and water emergencies;
(4) Develop procedures for informing employees of drought designations, water emergency declarations and response
measures; and (5) Evaluate the feasibility of reclaiming and recycling water to meet water needs. History Note: Authority G.S. 143-354(a)(1); S.L. 2002-167;
Eff. March 19, 2007. 15A NCAC 02E .0609 LOCAL GOVERNMENT WATER SHORTAGE RESPONSE PLANNING REQUIREMENTS (a) Units of local government that provide water to the public shall meet the requirements of Rule .0607(a). .0607(a) of this Section. (b) Units of local government that do not provide water to the public shall: (1) Review normal water use for the types and number of facilities operated to identify options to reduce water use and
maximize water use efficiency by local government operations during water shortage emergencies, including possible changes to normal operating procedures; (2) Cooperate with local water purveyor(s) on the development and implementation of the purveyor's Water Shortage Response Plan(s); (3) Establish a procedure for informing citizens of drought designations, recommended conservation activities and mandatory response measures to reduce water use during droughts and water shortage emergencies;
(4) Provide a mechanism whereby residents can apply for and receive a variance from specific water use reduction requirements implemented by local governments; (5) Consider disproportionate hardships that water shortage response policies and ordinances may cause water users who have already made improvements to maximize water use efficiency in their daily operations; and (6) Evaluate the feasibility of reclaiming and recycling water to meet water needs. History Note: Authority G.S. 143-354(a)(1); S.L. 2002-167; Eff. March 19, 2007. 15A NCAC 02E .0610 BUSINESS AND INDUSTRIAL WATER SHORTAGE RESPONSE PLANNING REQUIREMENTS (a) Self-supplied business and industrial water users subject to the water withdrawal registration requirements of G.S. 143-215.22H shall prepare a written plan, for responding to water shortages that is consistent with industry water efficiency and drought response
guidelines, that incorporate the relevant provisions of Rule .0607(a). .0607(a) of this Section. (b) Business and industrial water users that depend on the water storage of a privately or publicly owned impoundment or withdraw
water under a contract issued by the owner of an impoundment shall have a written plan for responding to water shortages that is consistent with the provisions of the contract and with any Water Shortage Response Plan provisions established by the owner of the
impoundment. (c) Business and industrial water users that are supplied water by a publicly or privately owned water system shall establish a procedure
for responding to water shortages that is complementary to their water purveyor's Water Shortage Response Plan. History Note: Authority G.S. 143-354(a)(1); S.L. 2002-167; Eff. March 19, 2007.
15A NCAC 02E .0611 AGRICULTURAL AND HORTICULTURAL WATER SHORTAGE RESPONSE PLANNING REQUIREMENTS (a) Agricultural and horticultural water users subject to the water withdrawal registration requirements of G.S. 143-215.22H shall
develop a written plan for responding to water shortages to maximize water use efficiency and reduce water usage to the maximum extent possible. Any of the guidance documents on best management practices for the efficient use of water in agricultural and
horticultural operations developed by the United States Department of Agriculture's Natural Resources Conservation Service, the North Carolina Department of Agriculture and Consumer Services (NCDA&CS), the NCDENR NCDA&CS Division of Soil and Water
Conservation, North Carolina State University, the North Carolina Cooperative Extension Service or other industry trade organizations may be used to assist agricultural and horticultural water users identify the most appropriate water use efficiency measures that they may incorporate into the plan for their particular operational needs. (b) When a region of the state is designated as suffering from Severe Drought, Extreme Drought or Exceptional Drought by a NCDMAC
drought advisory, agricultural and horticultural water users shall reexamine and maintain water delivery systems to minimize water loss and maximize water use efficiency.
(c) Agricultural and horticultural water users that depend on the water storage of a privately or publicly owned impoundment or withdraw water under a contract issued by the owner of an impoundment shall have a written plan for responding to water shortages that is consistent with the provisions of the contract and with any Water Shortage Response Plan provisions established by the owner of the impoundment.
History Note: Authority S.L. 2002-167;
Eff. March 19, 2007. 15A NCAC 02E .0612 DEFAULT WATER SHORTAGE RESPONSE PLANNING MEASURES Publicly or privately owned water systems that are required to prepare a Local Water Supply Plan under G.S. 143-355(l) that do not
have a written Water Shortage Response Plan, as outlined in Rule .0607, .0607 of this Section, shall implement the default water use
reduction measures of Rules .0613 and .0614 of this Section when their water system or water source is located in an area designated as
suffering from Extreme or Exceptional Drought by the Council. History Note: Authority S.L. 2002-167; Eff. March 19, 2007.
15A NCAC 02E .0613 DEFAULT WATER USE REDUCTION MEASURES DURING NCDMAC EXTREME DROUGHT DESIGNATIONS When the NCDMAC designates a region of the state as suffering from Extreme Drought, the following water use reduction standards shall apply to water users in the designated area, as indicated in Rule .0612: .0612 of this Section: (1) Water users shall reduce water use by at least 10% below the amount used in the month prior to a NCDMAC Extreme
Drought designation in the affected area. (2) All water users shall minimize non-essential use of water. (3) Outdoor irrigation is prohibited, except for: (a) Watering lawns less than one inch of water per week, between the hours of 8:00 PM and 8:00 AM; (b) Maintaining newly installed landscapes, lawns and erosion control projects that were initiated prior to the issuance of an Extreme Drought advisory, not to exceed the minimum rate necessary on the day of installation
and for 60 days following installation, by means designed and operated to maximize water use efficiency and to prevent run-off and excessive watering; (c) Using spray irrigation by wastewater effluent treatment systems from the NCDMAC Extreme Drought designated area(s) according to permit conditions under the provisions of North Carolina Administrative Code 15A NCAC 02H .0200 02U .0100 and any successive rules and amendments; amendments, as administered by the Department's Division of Water Quality;
(d) Maintaining athletic fields with less than one inch of water per week between the hours of 8:00 PM and 8:00 AM; (e) Maintaining personal food gardens; (f) Maintaining existing landscape plantings at the minimum rate necessary, between the hours of 8:00 PM and
8:00 AM, using a hand held container or hose with an automatic shutoff or using drip irrigation; (g) Watering golf course tees, fairways and greens by means of an automated irrigation system between the hours
of 8:00 PM and 8:00 AM with less than one inch of water per week; (h) Syringing golf course tees and greens exhibiting visible signs of stress between the hours of 12:00 PM and 4:00 PM, at the minimum rate necessary; and (i) Maintaining plant inventories, by means designed and operated to maximize water use efficiency, at retail
garden centers, garden centers within mass merchant stores or other businesses with live plants as their stock in trade. (4) The use of water for washing or cleaning of mobile equipment including automobiles, trucks, boats and fleet vehicles is prohibited, except for: (a) Operating commercial car washes that utilize the industry's best management practices for the efficient use of water and those that recycle, reclaim or reuse a portion of their wash water in their daily operations and
have reduced total water consumption by 10% below the amount used in the month prior to a NCDMAC Extreme Drought designation in the affected area; (b) Washing with a hand-held hose with an automatic shutoff device using less than five gallons per vehicle; (c) Cleaning new and used vehicles using less than five gallons per vehicle to prepare for display in a dealer's show room, upon receipt from the manufacturer or prior owner, and following a sale prior to delivery to the purchaser; and (d) Cleaning of construction, emergency, transport or public transportation vehicles if necessary to preserve the proper functioning and safe operation of the vehicle. (5) The use of water for washing impervious and paved surfaces is prohibited, except for: (a) Prewashing in preparation for painting, recoating or sealing; and (b) Applying at the minimum rate necessary for sanitation and public health purposes. (6) The use of water for ornamental fountains, artificial waterfalls, misting machines, reflecting pools, and ornamental ponds is prohibited, except for the minimum amount of make-up water necessary to maintain aquatic life. (7) The use of water for power washing of buildings and other structures is prohibited except when necessary to meet federal, state and local public health and safety requirements. (8) The use of water for flushing sewer lines is prohibited except when necessary to meet public health and safety standards. (9) The use of water from fire hydrants is prohibited, except for: (a) Fighting fire and fire protection purposes; (b) Testing or training if it is necessary to protect public safety and has been approved by the applicable water purveyor; and (c) Flushing of potable water lines to protect the public health. (10) The filling of family, public or private swimming pools, including hot tubs, spas and whirlpool tubs, is prohibited, except: (a) For health and rehabilitative purposes as prescribed by a medical doctor or administered by a medical facility; and
(b) For the minimal amount of make-up water necessary to maintain a pool's structural integrity and filtration
system. (11) The serving of water in eating and drinking establishments shall be done on customer request only. (12) Water shall be applied at the minimum rate necessary to maintain effective dust and erosion control during the construction of roads and highways initiated prior to the declaration of an Extreme Drought by the NCMDAC.
History Note: Authority S.L. 2002-167; Eff. March 19, 2007. 15A NCAC 02E .0614 DEFAULT WATER USE REDUCTION MEASURES DURING NCDMAC EXCEPTIONAL DROUGHT DESIGNATIONS When the NCDMAC designates a region of the state as suffering from Exceptional Drought, the following water use reduction standards shall apply to water users in the designated area, as indicated in Rule .0612: .0612 of this Section: (1) Water users shall reduce water use by at least 20% below the amount used in the month prior to the most recent NCDMAC Extreme Drought designation in the affected area. (2) Non-essential water use shall be minimized by the maximum extent possible. (3) Outdoor irrigation is prohibited, except for:
(a) Using spray irrigation by wastewater effluent treatment systems in NCDMAC Exceptional Drought designated areas according to permit conditions under the provisions of North Carolina Administrative Code 15A NCAC 02H .0200 02U .0100 and any successive rules and amendments; amendments, as administered by the Department's Division of Water Quality; (b) Watering personal food gardens by hand with a container or hand held hose with an automatic shutoff device or using drip irrigation between the hours of 8:00 PM and 8:00 AM;
(c) Maintaining existing landscape plantings at the minimum rate necessary, between the hours of 8:00 PM and 8:00 AM, using a hand held container or hose with an automatic shutoff or using drip irrigation; (d) Watering golf course tees, fairways and greens, athletic fields and lawns between the hours of 8:00 PM and 8:00 AM with less than one half inch of water per week;
(e) Syringing of golf course tees and greens exhibiting visible signs of stress between the hours of 1:00 PM and 4:00 PM, at the minimum rate necessary;
(f) Maintaining newly installed landscapes, lawns and erosion control projects that were initiated prior to the issuance of an Extreme Drought advisory, not to exceed the minimum rate necessary on the day of installation and for 28 days following installation, by means designed and operated to maximize water use efficiency and to prevent run-off and excessive watering; and
(g) Maintaining plant inventories, by means designed and operated to maximize water use efficiency, at retail garden centers, garden centers within mass merchant stores, or other businesses with live plants as their stock in trade. (4) The use of water for washing or cleaning mobile equipment including automobiles, trucks, boats and fleet vehicles is prohibited, except for: (a) Operating commercial car washes that utilize the industry's best management practices for the efficient use
of water and those that recycle, reclaim or reuse a portion of their wash water and have reduced total water consumption by 20% below the amount used in the month prior to the most recent NCDMAC Extreme Drought designation in the affected area; (b) Cleaning of new and used vehicles in preparation for display in a dealer's show room, using less than five gallons per vehicle; and (c) Using the minimum amount of water necessary to clean construction, emergency, transport or public transportation vehicles, if required to preserve the proper functioning and safe operation of the vehicle as required by law. (5) The use of water for washing impervious and paved surfaces is prohibited except for using the minimum amount of water necessary for sanitation and public health purposes. (6) The use of water for power washing of buildings and other structures is prohibited. (7) The use of water for flushing sewer lines is prohibited except when necessary to meet public health and safety standards. (8) The use of water from fire hydrants is prohibited, except for: (a) Fighting fire and fire protection purposes; and (b) Flushing of drinking water lines to protect public health and safety. (9) The filling of family, public or private swimming pools, including hot tubs, spas and whirlpool tubs, is prohibited except for health and rehabilitative purposes as prescribed by a medical doctor or administered by a medical facility. (10) The use of water for ornamental fountains, artificial waterfalls, misting machines, reflecting pools, and ornamental ponds is prohibited, except for the minimum amount of make-up water necessary to maintain aquatic life. (11) The serving of water in eating and drinking establishments shall be done on customer request only. (12) Water shall be applied at the minimum rate necessary to maintain effective dust and erosion control during the construction of roads and highways initiated prior to the declaration of an Extreme Drought by the NCDMAC. History Note: Authority S.L. 2002-167; Eff. March 19, 2007.

15A NCAC 02E .0615 WATER REUSE DURING DROUGHTS AND WATER EMERGENCIES Water users may use reclaimed water under the provisions of North Carolina Administrative Code 15A NCAC 02H .0200 02U .0100 and any successive rules and amendments, as administered by the Department's Division of Water Quality, during droughts and other water emergencies to reduce withdrawals of surface water and ground water and to extend available water supplies.
History Note: Authority G.S. 143-215.1; 143-215.3(a)(1); 143-355.5; S.L. 2002-167;
Eff. March 19, 2007.
Attachment B
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Regulatory Impact Analysis

Rule Citation Number: 15A NCAC 02E .0301

Rule Topic: Application; Processing Fees

DEQ Division: Division of Water Resources (DWR)

Staff Contact: John Barr, Water Supply Planning Branch, DWR
[e-mail]
[phone]

Impact Summary: State government: No
Local government: No
Private entities: No
Agricultural entities: No
Substantial Impact: No

Necessity: N.C. Gen. Stat. §150B-21.3A(c)(c1) requires review of existing rules every 10 years,
conduct an analysis of the rule and make a determination as to whether the rule is necessary with
substantive public interest, necessary without substantive public interest, or unnecessary. The
proposed rule change satisfies the requirement for 15A NCAC 02E .0301.

1. Summary
DWR reviewed 15A NCAC 02E .0301 Application; Processing Fees rule in accordance to G.S.
§150B-21.3A and proposes to re-adopt the rule.
DWR identified necessary changes which include:
• Updating agency names and addresses;
• Removing language already codified in statute §143-215.22H; and
• Removing incorrect reporting requirements already codified in statue §143-215.22H.

The proposed changes include the removal of Paragraphs (e) and (f) and Subparagraph (b)(2).
These provisions are contained in N.C. Gen. Stat. §143-215.22H; as such, their proposed
removal will have no impact to the overall purpose of the rule.

2. Background
Water Withdrawal and Transfer Registration (WWATR)
WWATR collects annual self-supplied water use data from 85 counties outside of the Central
Coastal Plain Capacity Use Area. North Carolina §143-215.22H requires any person who
withdraws 100,000 gallons per day or more of water from the surface or groundwaters of the
State or who transfers 100,000 gallons per day or more of water from one river basin to another
shall register the withdrawal or transfer. Any person who withdraws or transfers 1,000,000
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gallons per day of water for activities directly related or incidental to the production of crops,
fruits, vegetables, ornamental and flowering plants, dairy products, livestock, poultry, and other
agricultural products, or to the creation or maintenance of waterfowl impoundments are also
required to report. WWATR has over 1,300 active facilities throughout the state reporting
information such as monthly average withdrawal, maximum daily amount and location of
withdrawal.

Rules Review and Readoption Process

G.S. §150B-21.3A requires the Department to evaluate each of its existing rules and make an
initial determination as to whether the rules are:
1. Necessary with substantive public interest – the agency has received public comment
on the rule within the past two years or the rule affects the property interest of the
regulated public, and the agency knows or suspects that any person may object to the
rule.
2. Necessary without substantive public interest – the agency determines that the rule is
needed, and the rule has not had public comment in the last two years. This category
includes rules that identify information that is readily available to the public, such as
an address or telephone number.
3. Unnecessary – the agency determines that the rule is obsolete, redundant or otherwise
not needed.

The Department must then determine which rules are still necessary and propose to re-adopt,
with or without modifications, or to repeal each rule as appropriate. The Division categorized all
the subject rules as “Necessary with substantive public interest.”
A staff attorney to the NC Rules Review Commission performed a pre-review of the rules, and
the Division has edited the rules in accordance with the pre-review comments where applicable.

3. Economic Impact Analysis
The following table briefly describes the proposed rule change and summarize the anticipated
impact.
3.1 : Subchapter 02E – Water Use Registration and Allocation
Section .0300 – Registration of Water Withdrawals and Transfers
Rule Proposed Change
15A NCAC 02E .0301
Application Processing Fees
Removed language deemed unnecessary. Updated agency name.
Removed incorrect information.
15A NCAC 02E .0301
Application Processing Fees
Removed subsection (b)(2) already codified in GS 143.215-22H
15A NCAC 02E .0301
Application Processing Fees
Removed sections (e) and (f) already codified in GS 143.215-22H
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3.2 : Costs and Benefits Analysis
State Government, Local Government, Regulated Community, and the
Environment

Changes made to subsection .0301 Application; Processing Fees are mainly for
clarification and removal of information already defined under N.C. Gen. Stat. §143-
215.22H. None of the changes suggested will change existing registrant’s procedures or
burden future registrants with new requirements.

4. Total Economic Impact

The changes proposed will have no financial impact on already registered users or exempt users
as defined in North Carolina §143-215.22H(c) for units of local government or agriculture as
defined by 15A NCAC 02E .0301(d) and §143-215.22H(b1). The registration requirement has no
impact on how much water is withdrawn or from what source. Registration of a withdrawal or
transfer no later than two months after initiation remains.
Implementation of the registration fee is authorized under General Powers of the Commission
and Department; Auxiliary Powers §143-215.3.
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Regulatory Impact Analysis
Rule Citation Number: 15A NCAC 02E, Section .0501 - .0507

Rule Topic: Amendment and Readoption of Rules under 02E - .0500
Central Coastal Plain Capacity Use Area (CCPCUA)

DEQ Division: Division of Water Resources (DWR)

Staff Contact: Gabrielle Chianese, CCPCUA Program, DWR
[e-mail]
[phone] office

Impact Summary: State government: No
Local government: No
Private entities: No
Substantial Impact: No
Federal government: No

Necessity: N.C. Gen. Stat. §150B-21.3A requires state agencies to review existing rules every 10
years, determine which rules are still necessary, and either re-adopt or repeal each rule as
appropriate. The proposed rulemaking satisfies these requirements for a portion of the
Department’s rules.

1. Summary
The DWR reviewed the Central Coastal Plain Capacity Use Area (CCPCUA) rules in accordance
with G.S. §150B-21.3A and proposes to re-adopt all the rules with minor changes including
removal of text which is deemed to be no longer necessary and changes to text to improve
clarity.
As measured from the baseline conditions, these rule readoptions are proposed with no
substantive changes. G.S. §150B-21.3A (d)(2) states: “If a rule is readopted without substantive
change, or if the rule is amended to impose a less stringent burden on regulated persons, the
agency is not required to prepare a fiscal note as provided by G.S. 150B-21.4.” As such, a fiscal
note has not been prepared for this rulemaking package.

2. Background
Central Coastal Plain Capacity Use Area (CCPCUA)

The Water Use Act of 1967 gives the Environmental Management Commission the authority to
declare capacity use areas in the State where it finds that the use of ground or surface water
requires coordination and limited regulation for protection of the resource. The Act defines a
capacity use area as “one where the Commission finds that the aggregate uses of ground water or
surface water, or both, in or affecting said area (i) have developed or threatened to develop to a
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degree which requires coordination and regulation, or (ii) exceed or threaten to exceed, or
otherwise threaten or impair, the renewal or replenishment of such waters or any part of them.”

The CCPCUA was created due to unsustainable ground water withdrawals of two major aquifers
in the central coastal plain: the Black Creek and Upper Cape Fear. There is evidence of present
and future ground water supply shortages within the area encompassed by the following 15
counties: Beaufort, Carteret, Craven, Duplin, Edgecombe, Greene, Jones, Lenoir, Martin,
Onslow, Pamlico, Pitt, Washington, Wayne, and Wilson. Within this area, ground water from the
Black Creek and Upper Cape Fear aquifers is being withdrawn at a rate that exceeds the
available recharge. To address this problem, DWR created the CCPCUA to regulate water use
through permitting to avoid damage to the ground water resources and to maintain those sources
of water indefinitely.

CCPCUA permit holders were required to reduce their water withdrawals from these two
aquifers by 30% or 75% depending on location over a 16-year period which ended on August 1,
2018. Large investments totaling over $386 million have been spent to date on developing
alternate water sources. Permit holders that can demonstrate sustainable water use at a higher
amount than their reduced permit amount are issued a temporary permit at the higher withdrawal
rate.

Rules Review and Readoption Process

G.S. §150B-21.3A requires the Department to evaluate each of its existing rules and make an
initial determination as to whether the rules are:

1. Necessary with substantive public interest – the agency has received public comment
on the rule within the past two years or the rule affects the property interest of the
regulated public, and the agency knows or suspects that any person may object to the
rule.
2. Necessary without substantive public interest – the agency determines that the rule is
needed, and the rule has not had public comment in the last two years. This category
includes rules that identify information that is readily available to the public, such as
an address or telephone number.
3. Unnecessary – the agency determines that the rule is obsolete, redundant or otherwise
not needed.

The Department must then determine which rules are still necessary and propose to re-adopt,
with or without modifications, or to repeal each rule as appropriate. The Division categorized all
the subject rules as “Necessary with substantive public interest.”
The Division presented the timeline for the proposed draft rules to the Water Allocation
Committee (WAC) of the Environmental Management Commission (EMC) on July 10, 2019. A
staff attorney to the NC Rules Review Commission performed a pre-review of the rules, and the
Division has edited the rules in accordance with the pre-review comments.
The Division prepared draft rules and solicited input on the proposed actions from stakeholders
through public notice and posted the proposed rule changes on the Division’s webpage from
August 19, 2019 to September 20, 2019. The initial public comment period gave stakeholders the
opportunity to review and submit comments on the Division’s draft proposed rules.
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3. Economic Impact Analysis
The following table briefly describes the proposed rule. None of these changes will result in an
economic or environmental impact.
3.1 : Subchapter 02E – Water Use Registration and Allocation
Section .0500 – Central Coastal Plain Capacity Use Area
Rule Proposed Change
15A NCAC 02E .0501
Declaration and Delineation of Central Coastal
Plain Capacity Use Area
Format changes and removed language deemed
unnecessary.
15A NCAC 02E .0502
Withdrawal Permits
Format changes and removed language deemed
unnecessary. Updated language for clarification.
15A NCAC 02E .0503
Prescribed Water Use Reductions in Cretaceous
Aquifer Zones
Repeal rule. Removed language deemed unnecessary.
15A NCAC 02E .0504
Requirements for Entry and Inspection
Updated language for clarification.
15A NCAC 02E .0505
Acceptable Withdrawal Methods that Do Not
Require a Permit
Format changes and removed language deemed
unnecessary.
15A NCAC 02E .0506
Central Coastal Plain Capacity Use Area Status
Report
Repeal rule. Removed language deemed unnecessary.
15A NCAC 02E .0507
Definitions
Updated language for clarification. Added 3 definitions
(aquifer recharge, cretaceous aquifer system zones, and
recharge rate).

3.2 Costs and Benefits Analysis
State Government, Local Government, Regulated Community, and the
Environment

Changes to the CCPCUA rules are technical in nature and include the removal of
unnecessary language since the prescribed water withdrawal reductions have been
implemented as of August 1, 2018. There are no substantive changes, and no changes
that will impose an additional burden on the regulated community. None of these
changes will require DEQ or local governments to revise their existing procedures or to
procure additional staff; as such, there should be no economic cost to state agencies or
local governments.

The improved clarity of the rules should translate into less time spent by the regulated
community on the water withdrawal permitting process as well as less time spent by
regulatory staff providing technical assistance. The amount of time saved will be
negligible and will not provide a significant financial benefit; however, it is noted here
for completeness.

Lastly, as measured from the baseline conditions, the proposed changes will maintain
existing environmental protections at an equivalent level with no cost or benefit to the
environment.
A-7

Page 4 of 4
4. Total Economic Impact

As measured from the baseline conditions, there are no substantive changes associated
with the proposed rule readoptions. Consequently, no new economic or environmental
impacts are anticipated to result from the proposed rule readoptions.
A-8

Page 1 of 4
Regulatory Impact Analysis
Rule Citation Number: 15A NCAC 02E, Section .0601 - .0615

Rule Topic: Readoption of Rules under 02E - .0600
Water Use During Droughts and Water Supply Emergencies

DEQ Division: Division of Water Resources (DWR)

Staff Contact: Linwood Peele, Water Supply Planning Branch Supervisor, DWR
[e-mail]
[phone] office

Klaus Albertin, Water Supply Planning Engineer, DWR
[e-mail]
[phone] office

Impact Summary: State government: No
Local government: No
Private entities: No
Substantial Impact: No
Federal government: No

Necessity: N.C. Gen. Stat. §150B-21.3A requires state agencies to review existing rules every 10
years, determine which rules are still necessary, and either re-adopt or repeal each rule as
appropriate. The proposed rulemaking satisfies these requirements for a portion of the
Department’s rules.

1. Summary
The DWR reviewed the Water Use During Droughts and Water Supply Emergencies rules in
accordance with G.S. §150B-21.3A and proposes to re-adopt all the rules with minor changes
including removal of text which is deemed to be no longer necessary and changes to text to
improve clarity.
As measured from the baseline conditions, these rule readoptions are proposed with no
substantive changes. G.S. §150B-21.3A (d)(2) states: “If a rule is readopted without substantive
change, or if the rule is amended to impose a less stringent burden on regulated persons, the
agency is not required to prepare a fiscal note as provided by G.S. 150B-21.4.” As such, a fiscal
note has not been prepared for this rulemaking package.

2. Background
Water Use During Drought and Water Supply Emergencies

The multi-year drought that culminated in 2002 affected most of North Carolina’s water users.
The drought emphasized the importance of efficient water resources management in North
Carolina. Steady growth in population and in water needs for economic development, together
with the prospect of future droughts, highlight the need to continually improve water resources
management, water conservation and water use efficiency.
A-9

Page 2 of 4
As one response to the drought, the North Carolina General Assembly passed House Bill 1215
(Session Law 2002-167) in the 2002 legislative session. Session Law 2002-167 required the
Environmental Management Commission to develop rules establishing minimum standards and
practices for water conservation and water reuse during drought and water supply emergencies.
The rules must address water use by publicly and privately owned water systems, state agencies,
local governments, business, industry, agriculture and horticulture. The purpose of the rules is to
minimize harmful impacts on public health and safety, environmental quality, and the economy
by establishing minimum standards and practices for water shortage response planning, water
use reporting, water conservation, and water reuse during droughts and water supply
emergencies.

Also in response to the 2002 drought, the North Carolina General Assembly passed House Bill
1062 (Session Law 2002-387) in the 2003 legislative session. Session Law 2002-387 requires all
community water systems that regularly serve at least 1,000 connections or 3,000 individuals to
submit a Local Water Supply Plan as well as all units of local government that supply water to
the public. The Local Water Supply Planning process was originally established in 1989 by
North Carolina General Statute 143-355(l). The Local Water Supply Plans must include the
following information: water system statistics for a given calendar year, a service area map,
projected service area populations and water demands, water conservation and demand
management activities, a water shortage response plan, and interbasin transfer worksheets with
past, present, and projected future transfer amounts. Local Water Supply Plans must be updated
at least every five years.

Session Law 2002-387 also added the requirement that all units of local government and
community water systems that prepare a Local Water Supply Plan provide in the plan a
description of how the water system will respond to drought and other water shortage
emergencies and continue to meet essential public water supply needs. This part of the plan is
known as the Water Shortage Response Plan.

North Carolina General Statute 143-215.22H applies to systems not required to prepare a Local
Water Supply Plan. It requires water users who withdraw or transfer 100,000 gallons of water or
more in any single day, for all purposes except agriculture, to register the withdrawal or transfer.
This statute also requires that agricultural water users who withdraw or transfer 1,000,000
gallons of water or more in any single day to register the withdrawal or transfer. Registrations
must be updated every five years. Water users in the Central Coastal Plain Capacity Use Area are
currently required to register their water use of 10,000 gallons or more of surface or ground
water in any single day under the Capacity Use Area Rules.

The Water Withdrawal & Transfer Registration Statute (NCGS 143-215.22H) requires water
users to report the following information: facility information, water users’ contact information,
type of water use, amount of water use, water source, discharge amounts and methods, and
surface water interbasin transfers.

Rules Review and Readoption Process

G.S. §150B-21.3A requires the Department to evaluate each of its existing rules and make an
initial determination as to whether the rules are:
1. Necessary with substantive public interest – the agency has received public comment
on the rule within the past two years or the rule affects the property interest of the
A-10

Page 3 of 4
regulated public, and the agency knows or suspects that any person may object to the
rule.
2. Necessary without substantive public interest – the agency determines that the rule is
needed, and the rule has not had public comment in the last two years. This category
includes rules that identify information that is readily available to the public, such as
an address or telephone number.
3. Unnecessary – the agency determines that the rule is obsolete, redundant or otherwise
not needed.

The Department must then determine which rules are still necessary and propose to re-adopt,
with or without modifications, or to repeal each rule as appropriate. The Division categorized all
the subject rules as “Necessary with substantive public interest.”
A staff attorney to the NC Rules Review Commission performed a pre-review of the rules, and
the Division has edited the rules accordingly.

3. Economic Impact Analysis
The following table briefly describes the proposed rule changes. None of these changes will
result in an economic or environmental impact.
3.1 : Subchapter 02E – Water Use Registration and Allocation
Section .0600 – Water Use During Drought and Water Supply Emergencies

Rule Proposed Change
15A NCAC 02E .0601
Scope
No changes.
15A NCAC 02E .0602
Definitions
Alphabetized the definitions, added definitions and
reworded language for clarification.
15A NCAC 02E .0603
General Information
Updated language for clarification, updated rule cross-
reference and added statutory authority to History
Note.
15A NCAC 02E .0604
Annual Reporting of Water Use Data
No changes.
15A NCAC 02E .0605
Water Use Reduction Reporting, New Water
Withdrawal Reporting and Regional
Coordination During Droughts
No changes.
15A NCAC 02E .0606
Water Shortage Response Planning
Requirements
Updated language for clarification.
15A NCAC 02E .0607
Publicly and Privately owned Water System
Water Shortage Response Planning
Requirements
Updated language for clarification.
15A NCAC 02E .0608
State Agency Water Shortage Response
Planning Requirements
No changes.
15A NCAC 02E .0609
Local Government Water Shortage Response
Planning Requirements
Updated language for clarification.
15A NCAC 02E .0610
Business and Industrial Water Shortage
Response Planning Requirements
No changes.
A-11

Page 4 of 4
15A NCAC 02E .0611
Agricultural and Horticultural Water Shortage
Response Planning Requirements
No changes.
15A NCAC 02E .0612
Default Water Shortage Response Planning
Measures
No changes.
15A NCAC 02E .0613
Default Water Use Reduction Measures
During NCDMAC Extreme Drought
Designations
Updated language for clarification and updated rule
cross-reference.
15A NCAC 02E .0614
Default Water Use Reduction Measures
During NCDMAC Exceptional Drought Designations
Updated language for clarification and updated rule
cross-reference.
15A NCAC 02E .0615
Water Reuse During Droughts and Water
Emergencies
Updated language for clarification and updated rule
cross-reference.

3.2 Costs and Benefits Analysis
State Government, Local Government, Regulated Community, and the
Environment

Changes to the Water Use During Drought and Water Supply Emergencies Rules are
technical in nature and include updated language for clarification, added definitions, and
updated rule cross-reference language. There are no substantive changes, and no
changes that will impose an additional burden on the regulated community. None of the
changes will require DEQ or local governments to revise their existing procedures or to
procure additional staff; as such, there should be no economic cost to state agencies or
local governments.

The improved clarity of the rules should translate into less time spent by the regulated
community on the registration and reporting processes as well as less time spent by
regulatory staff providing technical assistance. The amount of time saved will be
negligible and will not provide a significant financial benefit; however, it is noted here
for completeness.

Lastly, as measured from the baseline conditions, the proposed changes will maintain
existing environmental protections at an equivalent level with no cost or benefit to the
environment.

4. Total Economic Impact

As measured from the baseline conditions, there are no substantive changes associated
with the proposed rule readoptions. Consequently, no new economic or environmental
impacts are anticipated to result from the proposed rule readoptions.
Attachment C
TITLE 15A – DEPARTMENT OF ENVIRONMENTAL QUALITY

Notice is hereby given in accordance with G.S. 150B-21.3A(c)(2)g. that the Environmental Management Commission
intends to readopt with substantive changes the rules cited as 15A NCAC 02E .0301, .0501, .0502, .0504, .0505, .0507,
.0602, .0603, .0605-.0615, readopt without substantive changes the rules cited as 15A NCAC 02E .0106, .0107, .0601,
.0604, and repeal through readoption the rules cited as 15A NCAC 02E .0503, and .0506.

Link to agency website pursuant to G.S. 150B-19.1(c): https://deq.nc.gov/news/events/public-notices-hearings

Proposed Effective Date: January 1, 2022

Public Hearing:
Date: May 20, 2021
Time: 6:00 p.m.
Location:
In the abundance of caution, and to address protective measures to help prevent the spread of COVID-19, the NC
Division of Water Resources is holding an online public hearing that can be joined starting at 5:45 pm via WebEx
link:
https://ncdenrits.webex.com/ncdenrits/onstage/g.php?MTID=ed24ad39f5c499f4c8a32f8afb034c78d
WebEx password: ncdwr
WebEx phone number: 1-415-655-0003
WebEx access code: 185 923 0287

To register for the hearing and provide your preference regarding speaking at the hearing, please visit:
https://forms.office.com/Pages/ResponsePage.aspx?id=3IF2etC5mkSFw-zCbNftGRcM2xmuszROiks3JDQp2
RUN0cxVkU2TFFTN!dYSDRFWU4zSTlSVEFYNC4u

Or scan the following QR code with your phone:

Registration must be completed by 12:00 pm on May 20, 2021. If you have any problems registering online, please
call 919-707-9024 by the registration deadline of 12:00 pm on May 20, 2021.

The Division of Water Resources highly recommends testing your computer's WebEx capabilities prior to the hearing
at https://www.webex.com/test-meeting.html. For instructions about digital ways to join the public hearing, please
refer to the WebEx Help Center online at https://help.webex.com/en-us/.

To comment during the hearing after your name is called as a registered speaker and/or after the hearing officer asks
if any people wish to comment following the registered speakers:

-If you join the hearing by phone, press *3 to "raise your hand," speak once called upon to do so, and
press *3 again to "lower your hand."
-If you join the hearing online, press the hand icon to "raise your hand," speak once called upon to do so, and press
the hand icon again to "lower your hand."
-The Hearing Officer may limit the length of time that you may speak, so that all those who wish to
speak may do so.

Reason for Proposed Action: N.C. Gen. Stat. 150B-21.3A requires state agencies to review existing rules every 10
years, determine which rules are still necessary, and either re-adopt or repeal each rule as appropriate. The proposed
rulemaking satisfies these requirements for the re-adoption process for the following 15A NCAC 02E-Water Use
Registration and Allocation Rules:

.0100 General Provisions
.0300 Registration of Water Withdrawals and Transfers
.0500 Central Coastal Plain Capacity Use Area
.0600 Water Use During Droughts and Water Supply Emergencies

The .0300 -Registration of Water Withdrawals and Transfers rules collects annual self-supplied water use data from
85 counties outside of the Central Coastal Plain Capacity Use Area to manage the limited water resources. The .0500
-Central Coastal Plain Capacity Use Area (CCPCUA) was created due to unsustainable ground water withdrawals
of two major aquifers in the central coastal plain: the Black Creek and Upper Cape Fear. There is evidence of present
and future ground water supply shortages within the area encompassed by the 15 counties in the CCPCUA. Within
this area, ground water from the Black Creek and Upper Cape Fear aquifers is being withdrawn at a rate that exceeds
the available recharge. To address this problem, DWR created the CCPCU A to regulate water use through permitting
to avoid damage to the ground water resources and to maintain those sources of water indefinitely. The .0600 -Water
Use During Droughts and Water Supply Emergencies rules established minimum standards and practices for water
conservation and water reuse during drought and water supply emergencies. The rules addressed water use by
publicly and privately owned water systems, state agencies, local governments, business, industry, agriculture and
horticulture. The purpose of the rules is to minimize harmful impacts on public health and safety, environmental
quality, and the economy by establishing minimum standards and practices for water shortage response planning,
water use reporting, water conservation, and water reuse during droughts and water supply emergencies.

Proposed changes to 15A NCAC 02E Water Use Registration and Allocation Rules include:
• Updated of agency names and addresses
• removed language already codified
• removed incorrect reporting requirements already codified
• format changes and removed some unnecessary language
• repealed outdated language
• updated language for clarification
• added three definitions (aquifer recharge, cretaceous aquifer system zones, and recharge rate)
• alphabetized the definitions
• added definitions
• reworded language for clarification
• updated language for clarification
• updated rule cross-reference

Comments may be submitted to: Linwood Peel, NC DEQ-DWR Planning Section, 1611 Mail Service Center,
Raleigh, NC 27699-1611; phone [phone]; email [e-mail]

Comment period ends: July 2, 2021

Procedure for Subjecting a Proposed Rule to Legislative Review: If an objection is not resolved prior to the
adoption of the rule, a person may also submit written objections to the Rules Review Commission after the adoption
of the Rule. If the Rules Review Commission receives written and signed objections after the adoption of the Rule in
accordance with G.S. 150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the
Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1). The
Commission will receive written objections until 5:00 p.m. on the day following the day the Commission approves
the rule. The Commission will receive those objections by mail, delivery service, hand delivery, or facsimile
transmission. If you have any further questions concerning the submission of objections to the Commission, please
call a Commission staff attorney at 919-431-3000.

Fiscal impact. Does any rule or combination of rules in this notice create an economic impact? Check all that
apply.
State funds affected
Local funds affected
Substantial economic impact (>= $1,000,000)
Approved by OSBM
No fiscal note required

Attachment D
Page 1 of 3
ONLINE PUBLIC HEARING:
Water Use Registration and Allocation Rules
May 20, 2021, 6:00 p.m.
Hearing Officer: David Anderson

Good evening. It is now 6:00 p.m. and this public hearing is officially called to order.
My name is David Anderson and I am a member of the Environmental Management Commission. I have been
designated as the hearing officer for the 15A NCAC 02E Water Use Registration and Allocation Rules re-
adoption effort.

If you are having technical difficulties with WebEx, you can use the chat feature in WebEx to ask questions or
seek assistance. You can also view the public announcement for this hearing, which is a link on the Department
of Environmental Quality’s Public Notices and Hearings website, for instructions on various ways to connect to
WebEx and for the WebEx phone number and access code for this hearing.

This hearing is being held under the authority of North Carolina General Statutes, Chapter 150B-21.2. In
accordance with the General Statutes, a public notice of this hearing was published in the May 3, 2021 edition
of the North Carolina Register. Notice to the public was also provided through the Division’s website and a
press release was issued by the Division of Water Resources on May 4, 2021.

The purpose of today’s Hearing is to obtain public comment on the proposed rule re-adoption and amendments
to the Water Use Registration and Allocation Rules and associated regulatory impact analyses. In a moment,
Linwood Peele, a Division of Water Resources staff member, will review this proposed rule re-adoption for
you. There is additional information available on the Department of Environmental Quality’s Public Notices
and Hearings webpage that describes the proposed rule re-adoption.

A written record of this hearing will be prepared that will include all the relevant comments, questions, and
discussions. For this reason, the hearing is being recorded. Written comments received by July 2, 2021 will also
be included in the record.

Based on the public comments received by July 2nd and input and review of the comments by myself and the
Division of Water Resources staff, I will make a recommendation to the Environmental Management
Commission after the record is complete. In making the final decision, the Environmental Management
Commission will consider the written record, the recommendations of Division staff, the recommendations of
the Hearing Officer, and any concerns of other commission members.

The recommendation for the proposed rule re-adoption and amendments may be to adopt it as proposed or to
adopt a modified version of the proposal. The Environmental Management Commission may adopt the
recommendation, modify it, or reject it. If the Commission wishes to adopt a rule that differs substantially from
what has been published in the North Carolina Register and proposed this evening, it must first publish the text
of the proposed different rule and accept comments on the new text.

Page 2 of 3
Now, Linwood Peele will present a brief overview of the proposed rule changes. After Linwood’s presentation,
comments from the audience will be allowed.
<Linwood’s presentation>
Thank you, Linwood.

The Environmental Management Commission wants to hear your comments on the proposed rule re-adoption.
All interested and potentially affected persons or parties are encouraged to make their opinion known to the
Commission, whether in favor of or opposed to any or all provisions of the proposed rule re-adoption. Please
know that your comments are important and will enable the Commission to act in the best interest of the public.

Please also remember that the intent of this hearing is to solicit your comments on the proposed rule re-adoption
and amendments to the Water Use Registration and Allocation Rules and associated regulatory impact analyses.
It is important that you keep your comments concise and relevant to the proposal and regulatory impact
analyses. It is critical that we have time to get all your comments on the proposal and its regulatory impact
analyses and will hear them first. Then if you have other comments that you believe should be voiced to the
staff or the Hearing Officer, we will try to give additional time at the end of the hearing for those comments, or
you can contact staff after the hearing with those comments.

We will now accept comments on the proposed rule from the audience. I will call on speakers in the order that
you registered for this hearing. If you have joined the hearing by phone, press *3 to “raise your hand,” speak
once called upon to do so, and press *3 again to “lower your hand.” If you have joined the hearing online, press
the hand icon to “raise your hand,” speak once called upon to do so, and press the hand icon again to “lower
your hand.”

The WebEx Host will unmute each speaker when it is his or her turn to speak. I will also state the name of the
next speaker in the queue so that individual can be prepared when his or her name is called to speak. Please do
not start speaking until the Webex Host has indicated that your microphone has been unmuted.

If I call your name, but cannot hear you after you have been unmuted, please check to see if you are muted on
the Webex screen on your computer. If you are having audio issues, try a different method of audio connection
within Webex or use the “Call Me” feature to have Webex call your personal telephone line. If I still cannot
hear you, I will proceed to the next registered speaker, but will call your name again at the end of the hearing.

When your name is called, please clearly and slowly state your name and any affiliation with an organization
you may be representing. If you have written copies of your comments, we would appreciate receiving a copy
of them. We may question speakers, if necessary, to clarify or learn more about matters as they arise. After all
the registered speakers have had an opportunity to comment, any registered speaker who could not previously
be heard will be called upon to speak. In addition, anyone who did not register to speak or desires additional
time to speak will have the opportunity to comment. Please remember that Division of Water Resources staff
can be contacted after the hearing to address any additional questions or comments that you may have.

Because a large number of people have requested to speak, it will be necessary to impose a time limit of 4
minutes. A member of the Division of Water Resources staff will be timing the comments and will state when
you have one minute remaining to speak. We appreciate your cooperation with this time limit so that everyone
who wishes to speak is able to do so.

I will now call on the first speaker. (call names of speakers in the order that they registered)
<if there is time> Are there any additional comments?

If there are no more comments, I declare the hearing closed.
Page 3 of 3

<if there isn't time for additional comments> I declare this hearing closed.

The hearing record will remain open until July 2nd, 2021. That means that anytime between today and close of
business on July 2, 2021, anyone can submit further comments on the proposed rules in writing to Mr. Peele.
Written comments received by US Mail or by e-mail during this time period will be made a part of the public
record. (the public notice announcement and the last slide of the presentation will have both addresses for you
to reference).

After the comment period has ended on July 2nd, Division of Water Resources staff and I will review the
comments and prepare a report of proceedings including all the comments; then we will make a
recommendation to the Environmental Management Commission. The Commission will make a decision
regarding the proposal after consideration of the report of proceedings and our recommendation. As I noted
earlier, the Commission may not make substantial changes in the final rules without re-notice and rehearing. If
the Commission adopts the proposed rules, then the expected effective date for the rules would be January 1,
2021.

We thank everyone for attending this online hearing and offering your comments.

I now adjourn the meeting.

Have a good evening…

Attachment E
Request Approval to Proceed to Public Notice and Hearing with
Proposed Rule Re-adoptions and Amendments to Water Use Registration
and Allocation Rules and Associated Regulatory Impact Analyses
Environmental Management Commission –March 11, 2021
Linwood Peele, DWR
Rules –15A NCAC 02E
2
Subchapter Section Description
02E .0100 Section General Provisions
02E .0300 Section Registration of Water Withdrawals and Transfers
02E .0500 Section Central Coastal Plain Capacity Use Area
02E .0600 Section Water Use During Droughts and Water Supply Emergencies
3
Rulemaking –History
January 2017
2017
EMC, APO date -Determinations for public
Commence Rulemaking to re-adopt rules in
accordance with APA
August 2017
May 2019
July 2019
Rule drafts process halted after IBT lawsuit
Rule drafts completed
Updated the WAC on rules re-adoption timeline
Aug.-Oct.2019 RRC Pre-review rules
June 2020 Rules updated to incorporate RRC comments
August 2020 RRC accepted our deadline
•March 1, 2022 (.0100, .0300, .0500 & .0600)
•March 1, 2023 (.0400)
4
Rulemaking –Schedule
January 2021 WAC approved draft rules to full EMC
(Sections .0100, .0300, .0500 & .0600)
March 2021 EMC approves draft rules to public notice
April –June 2021 Public comment period (notice and hearings)
July –September 2021 Review comments/draft HO report
January 2022 EMC adopts rules
February 2022 RRC review/approval
March 1, 2022 Proposed effective date
5
Summary of Key Revisions
•Technical Revisions
•Updated agency names and addresses
•Updated rule and statute citations
•Made minor edits for clarification
•Corrected typographical errors, punctuation
•Format changes
•Substantive Revisions
•Clarified and/or updated selected rule language
•Removed language deemed unnecessary
•Updated rules per statutes, session law
•Repealed rules no longer needed.
6
Summary of Key Revisions
02E .0100 –General Provisions
•No change (02E .0106)
•No change (02E .0107)
7
Summary of Key Revisions
02E .0300 –General Provisions
•Updated agency names and addresses (02E .0301)
•Removed language already codified in G.S. 143-215.22H (02E .0301)
•Removed incorrect reporting requirements already codified in G.S. 143-
215.22H (02E .0301)
8
Summary of Key Revisions
02E .0500 –Central Coastal Plain Capacity Use Area
•Format changes and removed language deemed unnecessary (02E .0501)
•Format changes and removed language deemed unnecessary. Updated
language for clarification. (02E .0502)
•Repealed rule. Removed language deemed unnecessary. (02E .0503)
•Updated language for clarification.(02E .0504)
•Format changes and removed language deemed unnecessary. (02E .0505)
•Repealed rule. Removed language deemed unnecessary. (02E .0506)
•Updated language for clarification. Added 3 definitions (aquifer recharge,
cretaceous aquifer system zones, and recharge rate). (02E .0507)
9
Summary of Key Revisions
02E .0600 –Water Use During Droughts and Water Supply
Emergencies
•No changes (02E .0601, .0604, .0605, .0608, .0610, .0611, & .0612)
•Alphabetized the definitions, added definitions and reworded language for
clarification. (02E .0602)
•Updated language for clarification, updated rule cross-reference and added
statutory authority to History Note. (02E .0603)
•Updated language for clarification.(02E .0606, .0607, & .0609)
•Updated language for clarification and updated rule cross-reference. (02E
.0613, .0614, & .0615)
10
Action Item Request
Request Approval to Proceed to Public Notice and Hearing with Proposed
Rule Re-adoptions and Amendments to Water Use Registration and
Allocation Rules and Associated Regulatory Impact Analyses
Subchapter Section Rules Description
02E .0100 .0106-.0107 General Provisions
02E .0300 .0301 Registration of Water Withdrawals and Transfers
02E .0500 .0501-.0507 Central Coastal Plain Capacity Use Area
02E .0600 .0601-.0615 Water Use During Droughts and Water Supply Emergencies
11
Questions Related to CCPCUA
Gabrielle Chianese
Hydrogeologist, CCPCUA Permit Program
Ground Water Management Branch
Phone: [phone]
[e-mail]
Linwood Peele, Supervisor
Water Supply Planning Branch
Division of Water Resources
Phone: [phone]
[e-mail]
Attachment F
Public Hearing Attendees and Speakers
Public Hearing on Proposed Rule Re-adoption and Regulatory
Impact Analysis for 15A NCAC 02E Water Use Registration and
Allocation Rules

May 20, 2021

The hearing was called to order at 6:00 pm by Commission David
Anderson, the Environmental Management Commission - appointed
Hearing Officer. The hearing was adjourned at 6:21 pm. Below is a list of
attendees.

Name Employer/Representing
Registered
to Speak? Spoke?
David Anderson Environmental Management Commission
Linwood Peele NCDWR-Water Planning Section
Peter Johnston NCDWR-Water Planning Section
Klaus Albertin NCDWR-Water Planning Section
John Barr NCDWR-Water Planning Section
Julie Ventaloro NCDWR-Water Planning Section
Gabrielle Chianese NCDWR- Groundwater Resources Section
Michael Bauer NCDWR- Groundwater Resources Section
James Holley Groundwater Management Associates, Inc. Yes Yes
Wally Hansen City of Jacksonville
Ricky Raynor Town of Wallace
Brent Melron Citizen
Dana Hill Carolina Water Service, Inc. of North Carolina
Caller 2 Anonymous Citizen

Attachment G
Linwood Peele NC DEQ-DWR Planning Section 1611 Mail Service Center
Raleigh, NC 27699-1611 As the state’s largest general farm organization, the North Carolina Farm Bureau (NCFB) represents farmers of all NC commodities and farms of all sizes. For more than 20 years, NCFB has been the leading agricultural voice for sound water policy. We have advocated for voluntary measures that
promote water conservation, increased storage capacity, collaborative approaches to gather and share agricultural water use data with state agencies and the continued ability of farmers to have unimpeded access to water resources to irrigate their crops and water their livestock. We appreciate the ability to provide the following comments regarding the proposed changes to 15A NCAC 02E Water Use
Registration and Allocation Rules. While most of the changes to these rules appear subtle on the surface there are others that cause us to be concerned. We will identify the areas of concern that are specifically targeted to agriculture, but
also highlight those that have a broader impact on the business community as a whole. Section .0300 – Registration of Water Withdrawals and Transfers 15A NCAC 02E.0301 Application; Processing Fees FARMER SPECIFIC Currently, farmers are required to register their water withdrawal with DEQ (G.S. 143-215.22H) if they withdraw more than 1 million gallons on any day. Previously, farmers were not charged a registration fee, but upon completing an application form they received a receipt of registration.
The revised language being considered would eliminate the issuance of a receipt to farmers. What is the reason for the proposed change and what is the effect of not receiving a receipt? What proof would farmers have showing that they had registered their withdrawal?
We request that this change be deleted and that farmer receive a receipt for their application.
Section .0500 – Central Coast Plain Capacity Use Are 15A NCAC 02E.0502 Withdrawal Permits ENTIRE BUSINESS COMMUNITY
Paragraph (c) Currently, the rule states that groundwater withdrawals shall be avoided or minimized. The proposed language being considered states that no groundwater withdrawal shall result in adverse impacts. This subtle change could result in permit denials for withdrawals considered to have only
de minimis impacts. We request that this change be deleted and the original language be left intact. Paragraph (d) The rule is very specific about what information is required in an application for a water withdrawal permit. The proposed rule revision would add language that states “any other information
necessary…”. This open-ended language could result in unlimited delays on permit approvals. We request that if there is other information that the Department is considering, the proposed rule should indicate what it is. Paragraph (e) Currently, paragraph (e) states that the Director shall issue, modify, revoke, or deny each
permit. The language provides certainty by requiring the Director to make a decision one way or
another. The proposed rule eliminates this language. This would create uncertainty and could result in unlimited delays in permit decisions.
We request that this change be deleted and the original paragraph (e) be left as is. 15A NCAC 02E.0505 Acceptable Withdrawal Methods That Do Not Require a Permit FARMER SPECIFIC Paragraph (b)
Currently the rule allows farmers to register water use with DEQ or NCDA&CS. The proposed rule would remove the option for farmers to register water use with the NCDA&CS. NCFB, NCDA&CS and NCSU have discussed extensively with DWR issues regarding data gaps and have tentatively identified a method for sharing agriculture water use data on a smaller scale as
defined by DWR. NCDA&CS NASS staff have obtained federal approval to share such data if certain conditions are met and farmers grant permission to do so. It is our understanding that NCDA&CS is still waiting on further direction from DWR on what areas they should focus. Disappointingly, DWR continues to highlight the data gaps in river basin plans and
presentations that give the impression that the agriculture community is uncooperative and fails to discuss the progress that is being made to provide additional data. We request that this proposed change be deleted and that farmers continue to be allowed to report
water use information to the NCDA&CS in the Central Coastal Plain Capacity Use Area.
15A NCAC 02E .0507 Definitions FARMER SPECIFIC The definition for No. (15) Intermittent Users is changed in the proposed rule from persons who
withdraw groundwater less than 60 days or less than 15 million gallons in a calendar year. The proposed rule would define intermittent users as persons who withdraw groundwater less than 60 days and less than 15 million per calendar year. This would reduce the number of agricultural users being classified as intermittent users without any reason given.
We request that this proposed change be deleted and that the definition of intermittent users remain as it is currently. We appreciate the opportunity to comment on these proposed rule revisions and your consideration of our requests. If you have questions regarding any of our comments, we welcome the opportunity
to discuss those with you.

Mitch Peele
Sr. Director of Public Policy
NC Farm Bureau
919-788-1004 (office)
919-306-6314 (cell)
Twitter: @MitchPeele
[e-mail]

City of Jacksonville
Public Services Department
Administrative Division
815 New Bridge Street • Jacksonville NC 28540 • 910 938-5233
City Hall 815 New Bridge St • 910 938-5200

June 30, 2021

Mr. Linwood Peele
Water Supply Planning Branch Supervisor
Division of Water Resources – Water Planning Section
North Carolina Department of Environmental Quality
1611 Mail Service Center
Raleigh, NC 27699-1611

Re: Comments on the Proposed Revisions to “15A NCAC 02E – Water Use Registration and
Allocation.”

Dear Mr. Peele,

I appreciated the opportunity to represent the City of Jacksonville during the public hearing on
May 20, 2021, with regard to the proposed rule revisions to Title 15A, NCAC 02E - Water Use
Registration and Allocation. The City of Jacksonville has reviewed the proposed rule revisions and
offer the following:

15A NCAC 02E.0502 WITHDRAWAL PERMITS

1. (c): Additional clarification needs to be provided to the aquifer recharge. No recharge
rate has never been established. Historical information shows that there has been
significant recharge of the Black Creek Aquifer predating the third required reduction.
There is additional information and a greater understanding of the groundwater
systems than when these rules were originally enacted. A reasonable, sustainable, and
supportable recharge rate needs to established through groundwater modeling and
input from water providers.

Guidance also needs to be provided in the recharge rate to address new wells that are
brought online. When a new well is placed into operation there is a time period where
water levels in close proximity to the new well decline until the cone of depression
levels out. It may take months or even years for the cone of depression to level due
to factors such as location, pumping rates, and pumping frequency. This is a temporary
situation and is not an indication that pumping levels exceed recharge rates. Clarifying
language and guidance needs to provided.

2. (d): Although not proposed for language changes, “shall justify the quantities needed”
is subjective and has been used a reason not to approve permit modifications or
temporary permits even if all other requirements have been met. The City of
Jacksonville, has spent hundreds of thousands of dollars on monitoring wells in multiple
aquifer systems to ensure a sustainable supply of drinking water. In response the City
City of Jacksonville
City Manager’s Office

has been told that an increase is not justified because we “are not currently withdrawing
more than our permitted level”.

In addition, “Any other information necessary to determine whether to grant or deny
an application as requested by the Division …" is unrestricted and subjective language
that can cause undue hardship to water providers when supporting data demonstrates
aquifer recovery and sustainability.

3. (d,2): This item requires applicants to provide information of existing permitted wells.
DWR should already have this information but in some cases have required water
providers to take wells out of service to pull pumps in order to measure screen interval,
intake depths, etc. to provide this information to DWR.

4. (e,1,j): The phrase “…dewatering or salt water encroachment” needs to include the
language “of more than 250 milligrams per liter” to ensure that minor chloride
fluctuations are NOT misinterpreted as salt water encroachment.

5. (e,1,n,3): Why is this language for a Temporary Permit still necessary? If an applicant
meets the permit requirements, then a Withdrawal Permit should be issued. The
Temporary Permit appears to be left over language that was necessary prior to required
withdrawal reductions being met.

15A NCAC 02E .0506 CENTRAL COASTAL PLAIN CAPACITY USE AREA STATUS REPORT
1. This item has been completely stricken. A five-year update and report with the
elements currently identified should be required given the importance of this aquifer
system, the quality of water that it is capable of producing, and the significance of
managing drinking water supply sources.

15A NCAC 02E .0507 DEFINITIONS

1. (1) Approved base rate: This definition references historic “annual water use rates
from the Cretaceous aquifer system…” Based on the recovery levels of the
Cretaceous aquifer system and inaccurate information utilized when the Capacity Use
Area was established, this language needs to be revised with allowance for increased
permit allocations in accordance with updated Withdrawal Permit allocations.

2. (7) Cretaceous aquifer system zones: This definition should not include reference to
maps that were developed more than 20 years based on information that has since
shown to be inaccurate. As a specific example, the Onslow Regional Water Resources
Group has submitted information from Cretaceous monitoring wells documenting that
the monitoring well used to determine the extents for the dewatering and salt water
encroachment zone was not properly classified. Information from multiple monitoring
wells now confirms that a cone of depression does not exist in the Upper Cape Fear
Aquifer in Onslow County, as indicated in recently revised maps. Current and
accurate information needs to be utilized to revise these antiquated maps and provide
updated information to law makers and regulators.

City of Jacksonville
City Manager’s Office

3. (19) Recharge Rate: This definition ties recharge determinations as a “best fit line
through water levels from the Division operated monitoring wells over a given time…”
This definition is ambiguous and does not define “over a given time”. This definition
should be shortened to the first sentence, and an updated and well calibrated ground
water model should be developed to determine the actual recharge rate.

In closing, the City of Jacksonville has concerns with the areas identified above. As the proposed
changes are currently drafted, extensive discretionary authority is given to DWR personnel in
managing, regulating, and even rescinding Withdrawal Permits. The current withdrawal levels
from the Cretaceous Aquifer System do not exceed aquifer recharge rates as demonstrated by
information produced and analyzed by DWR. The City of Jacksonville fully supports ensuring the
sustainability of the Cretaceous Aquifer System; however, the overregulation of withdrawals from
the Cretaceous Aquifer System may force over-exploitation on other water supply systems.

Thanks again for allowing the City to provide comments of the proposed rule changes. Please
contact me at [phone] with any questions.

Sincerely,

Wally Hansen
Public Services Director

Sent via email to; [e-mail]
Groundwater Management Associates, Inc.
4300 Sapphire Court, Suite 100
Greenville, North Carolina 27834
Telephone [phone]
www.gma-nc.com

Page 1
June 29, 2021

Mr. Linwood Peele
Water Supply Planning Branch Supervisor
Division of Water Resources – Water Planning Section
North Carolina Department of Environmental Quality
1611 Mail Service Center
Raleigh, NC 27699-1611
Sent via email to [e-mail]

Re: Comments on the Proposed Revisions to “15A NCAC 02E – Water Use Registration and
Allocation.”

Dear Mr. Peele,

We appreciate the opportunity to provide comments on the proposed rule revisions to Title 15A,
NCAC 02E - Water Use Registration and Allocation. James Holley made brief verbal comments
at the public hearing on May 20, 2021. However, this letter presents a collaboration between
James Holley and Dr. Richard Spruill that presents our full comments and questions regarding
the proposed changes to the rules. We have broken our comments into two sections. This first
section is “general comments and questions” and the second section provides “specific
comments” on wording of the text of the proposed rules.

General Comments and Questions

1. It appears that the “Approved Base Rates” are only referred to as an historical reference.
Are current permit holders who withdraw from the Cretaceous Aquifer System still governed
by a percentage of the ABR, or can they now apply for new permit allocations that are
subject solely to the provisions of 15A NCAC 02E .0502?
2. Will permits for withdrawals from the Cretaceous Aquifers be allowed by new applicants,
provided that the proposed withdrawals meet the provisions of 15A NCAC 02E .0502? In
other words, if someone proposes to install a new well system in the Cretaceous Aquifers,
and they can demonstrate that the proposed withdrawal will not have adverse impacts as
described in 15A NCAC 02E .0502(C), then could they obtain a permit for a new withdrawal
that exceeds 100,000 gallons per day?
Mr. Peele
June 29, 2021

Page 2
3. When a new well is installed, and withdrawals from the well begin, there will inevitably be a
time period where water levels in close proximity to the new pumping well will decline until
such time that withdrawals are balanced by expansion of the cone of depression and an
increase in local recharge (or a reduction in discharge) to replace the water being removed.
During such a period (which may take many months, or even years, to reach steady state
conditions) the local water levels will decline. Such transient water-level declines do not
indicate that the withdrawal rate exceeds the recharge rate! Can the NCDWR provide some
guidance as to the time period that must be considered for evaluating the balance between
withdrawals and recharge rates? If the NCDWR’s monitoring wells are the prescribed way
for determining if withdrawals exceed recharge rates, how will the NCDWR address local
transient water-level declines that will occur from new pumping wells that are close to a
NCDWR monitoring well but the new permitted withdrawal has not reached steady-state
conditions?
4. Can an applicant provide an independent evaluation, through data analysis, predictive
calculations, and/or groundwater flow modeling, that a proposed new withdrawal, or
increase in an existing withdrawal, from the Cretaceous Aquifer System will not exceed the
recharge rate? Recharge rate to a confined aquifer is not a simple attribute to determine.
Local water-level trends in observation wells may not be a reliable indicator of whether or
not a withdrawal exceeds the recharge rate for an aquifer.
5. There are references in the proposed rules to the Cretaceous Aquifer System zones. For
example, 15A NCAC 02E .0502(d)(3) states “…withdrawal permit applications for use of
ground water from the Cretaceous aquifer system shall be reviewed recognizing the
Cretaceous aquifer system zones”. The rules are not specific as to how the recognition of
these zones will be applied relative to future permitting. Because all of the prescribed
reductions in withdrawals (previously laid out in 15A NCAC 02E .0503) have been
completed, and that section of the rules is being eliminated, how will those prior zones be
considered?
6. There has been substantial rebound in water levels in the Cretaceous aquifers as a result of
the prescribed reductions. The substantial continued recovery of water levels in the
Cretaceous aquifers across the CCPCUA suggests that current withdrawals do not exceed
recharge rates. In fact, the evidence suggests that the permitted withdrawals after the
Phase II reduction were less than the recharge rates, and the Phase III reductions likely
were not necessary for all permittees. There appears to be no evidence for continued
dewatering in the “dewatering zone”; the “declining water level zone” no longer has
declining water levels; and there has not been any compelling evidence for active saltwater
encroachment in the “saltwater encroachment zone”. How will the NCDWR determine
future permittable withdrawals from the Cretaceous aquifer zones?

Mr. Peele
June 29, 2021

Page 3
Specific Comments

1. The definition section of the rules defines “Aquifer Recharge” as “precipitation that infiltrates
into the subsurface”. This is a problematic definition that is not standard in the literature.
It also does not recognize that unconfined and confined aquifers may receive recharge in
very different ways and at different rates that may be somewhat disconnected from the
infiltration of precipitation. For example significant recharge to aquifers may occur from
losing streams. Likewise, a significant portion of precipitation infiltrates the subsurface, but
is then lost to evapotranspiration without actually recharging the water table (see Giese and
others, 1997). We suggest that “Aquifer Recharge” could be better defined as “the addition
of water to the zone of saturation” (taken from Driscoll, 1986, Page 890).
2. There is a separate definition for “Recharge Rate”, stated as “The rate of which water
replenishes an aquifer. Recharge rates for the Cretaceous aquifer system vary depending
on the thickness and hydraulic conductivity of the overlying sedimentary layers. A best fit
line through water levels from the Division operated monitoring wells over a given time
interval will show if withdrawals exceed, are less than, or are equal to the aquifer recharge
rate.” This definition ties recharge determinations for the Cretaceous aquifers to the
NCDWR’s monitoring well network. This presents some problems, in part due to ambiguity.
It also does not consider the differences between transient and steady-state groundwater
conditions, as described in the general comments Item 3 above. It also does not define the
“given time interval” that will be the basis for determining whether or not the recharge rate
is exceeded by aggregate withdrawals. We recommend that the definition of “Recharge
Rate” should be limited to just the first sentence of that section. The remaining two
sentences are more of an expression of how the Division’s monitoring wells may aid in
determining whether or not withdrawals exceed recharge rates.
3. 15A NCAC 02E .0301 (a) needs a period after “Quality” and before “Mailing Address”.
Otherwise, this does not appear to be a complete sentence.
4. 15A NCAC 02E .0502 (c) has ambiguity as to how an observed decline in aquifer water
levels indicates that aggregate water use exceeds the aquifer recharge rates. For example,
if a new water-supply well were constructed 1000 feet away from an existing NCDWR
monitoring well screened in the same aquifer, the water levels in the NCDWR monitoring
well would be expected to decline in response to pumping from that new well, as the
NCDWR monitoring well would occur within the new well’s cone of depression. However, a
decline in water levels in that NCDWR monitoring well does not necessarily indicate that the
withdrawal from the new well exceeds the aquifer recharge rate! See our general comment
#3 above.

Groundwater Management Associates, Inc.
2205-A Candun Drive
Apex, North Carolina 27523
Telephone [phone]
www.gma-nc.com

July 1, 2021

Mr. Linwood Peele
Water Supply Planning Branch Supervisor
Division of Water Resources – Water Planning Section
North Carolina Department of Environmental Quality
1611 Mail Service Center
Raleigh, NC 27699-1611
Sent via email to [e-mail]

Re: Comments on the Proposed Revisions to “15A NCAC 02E – Water Use Registration and
Allocation.”

Dear Mr. Peele,

Thank you for the opportunity to provide comments on the proposed rule revisions to Title 15A,
NCAC 02E - Water Use Registration and Allocation. Several comments are presented below.

1. In 0.300 it states this for the original reason for the rules: “Central Coastal Plain
Capacity Use Area (CCPCUA) was created due to unsustainable ground water
withdrawals of two major aquifers in the central coastal plain: the Black Creek and
Upper Cape Fear. There is evidence of present and future ground water supply
shortages within the area encompassed by the 15 counties in the CCPCUA. Within this
area, ground water from the Black Creek and Upper Cape Fear aquifers is being
withdrawn at a rate that exceeds the available recharge. To address this problem, DWR
created the CCPCUA to regulate water use through permitting to avoid damage to the
ground water resources and to maintain those sources of water indefinitely.” As a result
of implementing the CCPCUA rules, water levels in the Cretaceous Aquifers of the
Coastal Plain have risen in the past 15+ years. So, the original purpose for these rules
no longer exists, and the CCPCUA rules have achieved their original intent. Nat Wilson,
when he was with NCDWR, provided valuable technical insight for implementing those
rules. Since the original rules were successful, what is the reason now for substantive
changes in the rules, other than every 10 years they are to be reviewed?
Mr. Peele
July 1, 2021

Page 2
2. The definition section of the rules lists “Aquifer Recharge” as “precipitation that
infiltrates into the subsurface”. There is a separate definition for “Recharge Rate”,
stated as “The rate of which water replenishes an aquifer. Recharge rates for the
Cretaceous aquifer system vary depending on the thickness and hydraulic conductivity of
the overlying sedimentary layers. A best fit line through water levels from the Division
operated monitoring wells over a given time interval will show if withdrawals exceed, are
less than, or are equal to the aquifer recharge rate.” We have the following comments:

a. Aquifers can receive recharge from above and below the aquifer, and laterally from
outcrop areas. The definitions presented here have been oversimplified to the point
where they are not correct. The recharge rate depends on the thickness and vertical
hydraulic conductivity of the confining unit, the hydraulic gradient between the
aquifer and both the overlying and underlying hydrogeologic units (confining unit or
aquifer), and the thickness, horizontal hydraulic conductivity, and hydraulic gradient
within the aquifer itself. The direction of flow into (recharge) or out of (discharge)
the aquifer is dependent on the gradient and direction of hydraulic head differences
between the aquifer and overlying and/or underlying hydrogeologic units.

b. When discussing the recharge rate of the Cretaceous Aquifer System, do you mean
the volume of water recharging the entire aquifer system or do you mean locally at a
point of withdrawal? There is a big difference between the local recharge to support
a point of withdrawal where the maximum impact of dewatering occurs, versus the
regional recharge to the entire aquifer. Dewatering of the aquifer is an adverse
condition, and it is to be avoided to protect the aquifer. When dewatering occurs,
the amount of recharge to the aquifer has been exceeded by withdrawals. When
pumping rates are limited so that the pumping water level does not drop below the
top of the aquifer, then this pumping rate cannot exceed the recharge to the aquifer
at that location. The cone of depression around that well expands to meet the
withdrawal demand. The pumping water level is a more definitive measure of
whether the recharge rate has been exceeded, not water level trends in distant
observation wells. Water levels in observation wells can change based on seasonal
variations, transient impacts from new wells, and changes in the location and
amount of withdrawals from nearby wells (like a large water system with multiple
wells changing the distribution of their well production for repairs, etc.). Those
changes are transient until equilibrium is reached. So how does the State propose
to determine what the allowable pumping water level will be in each well? Will it be
the level that prevents dewatering and other detrimental effects like saltwater
encroachment, or will a maximum allowable water level be determined for each
pumping well? The proposed rules already include a provision that prevents
withdrawals from exceeding the aquifer recharge rate, and that is the limit on pump
intakes remaining above the top of the confined aquifer. Enforcing this provision in
Mr. Peele
July 1, 2021

the rules will prevent aquifer dewatering and ensure that the recharge rate cannot
be exceeded by the withdrawal rate.

c. How does the best fit line through static water levels in observation wells indicate
that the recharge rate to the aquifer is exceeded or not? When there is no change
in any observation well water level over a long period, then you can say there is
equilibrium where discharges in the area are equal to the amount of recharge to
stabilize the cone of influence around pumping wells. If withdrawals are increased,
the depth of the cone of depression increases until a new equilibrium is reached.
This doesn’t necessarily mean that the “Aquifer Recharge” or the “Recharge Rate”
has been exceeded, because recharge to the aquifer won’t be exceeded until the
aquifer is dewatered. A lowering of water levels in observation wells does not
suggest that the recharge rate is being exceeded, it just means the amount of
recharge and depth of the cone of depression has changed to accommodate
pumping. Again, it is not clear how the observation well network will be used to
manage (deny or approve) withdrawal requests.

3. How will these rule changes impact mining in eastern NC? Will mining companies be
limited to not lowering the pumping water level below the top of the aquifer? Section
502(i) states “For withdrawals to dewater mines, pits or quarries, the permit shall delimit
the extent of the area and depths of the aquifer(s) to be dewatered or depressurized.
Maximum withdrawal rates and the permissible extent of dewatering or depressurization
shall be determined by the Director using data provided by the applicant, data related to
permits under G.S. 74-50, and other publicly available information. Withdrawal rates
that do not cause adverse impacts, as defined in Rule .0502(c) of this Section, shall be
approved.” Rule .0502(c) states: “No ground water withdrawal shall result in adverse
impacts, including dewatering of aquifers, encroachment of salt water, land subsidence
or sinkhole development, or decline in aquifer water levels that indicate aggregate water
use exceeds the aquifer recharge rate.” However, mining of shallow materials, such as
the sand and gravel in the surficial aquifer and extraction of limestone from the Castle
Hayne aquifer mines are in conflict with .0502(c). Mines routinely dewater aquifer
materials to facilitate open pit mining. We recognize that .0502(d) (4) and .0502(h)
refer to dewatering of mines, pits or quarries, however the provisions listed in .0502(c)
do not provide an allowance for dewatering associated with mining. It appears that
there is an inconsistency in the language of the rules with regard to mining and that
allowance of dewatering in the surficial aquifer or other aquifer units being mined. We
recommend that language should be added to .0502(c) that makes it clear that
withdrawals by mining and other use of unconfined aquifers are not excluded from
aquifer dewatering.

These rule revisions, as written, could be interpreted to “open the door” on groundwater
withdrawals from the Cretaceous Aquifers in the CCPCUA. The stated definitions of “Aquifer
Mr. Peele
July 1, 2021

Recharge” and “Recharge Rate” haven’t been fully presented, and there is no realistic method
proposed to determine whether recharge rates (local or regional) have been exceeded. With
these new changes, it could be possible for a permittee to request a lowering of the pumping
water level in a well to the top of the confined aquifer and expect the permit to be granted if no
other adverse impacts are anticipated as listed in Rule .0502(c). Is that the intent of the new
rules, or is the intent to continue to limit Cretaceous Aquifer withdrawals to their current
amounts?

Instead of the State basing their CCPCUA regulations on Aquifer Recharge and aquifer Recharge
Rate, consider basing them on the Safe Yield of the well, defined by Meinzer (1920, Geol. Soc.
America Bull., v. 31) as “the rate at which the groundwater can be withdrawn year after year,
for generations to come, without depleting the supply.” We think that is the goal you are trying
to accomplish with these new regulations. Lohman (1979, USGS Prof Paper 708, p. 61) has a
nice section on Safe Yield. Lohman calls Safe Yield “The amount of groundwater one can
withdraw without getting into trouble….” like running out of water (dewatering), creating salt
water intrusion, or getting shot at or sued by an irate nearby well owner or land owner.

Thank you for allowing the public the opportunity to provide these comments. We hope these
comments are helpful. If you have any questions, please do not hesitate to contact us.

Best regards,

Groundwater Management Associates, Inc.

William L. Lyke, P.G., P.E.
Senior Hydrogeologist/Civil Engineer

CC: Richard K. Spruill, Ph.D., P.G.; Jay Holley, P.G. – GMA, Greenville, NC
John J. Wise, P.E. – GMA, Apex, NC

July 2, 2021

Linwood Peele
NC DEQ-DWR Planning Section
1611 Mail Service Center, Raleigh, NC 27699-1611
Subject: Proposed changes to 15A NCAC 02E.0502 Water Use Registration and Allocation
Rules: Withdrawal Permits

Dear Mr. Peele,

On behalf of the NC Chamber, I am writing to express concern regarding the NC Department of
Environmental Quality’s proposed changes to rules for registering and regulating large water users
in North Carolina.

While NC DEQ may believe these changes are minor, they would in fact have negative
consequences for our business community and may deter companies from expanding operations in
our state. Businesses need regulatory certainty to function efficiently and economically. The
Department’s reserves the right to change rules as they see fit; however, we are asking that it be
done in a way that is more clearly defined and also better considers limitations of our rural
communities.

Our concerns are outlined as follows:

• Paragraph (c): The rule states that groundwater withdrawals should be avoided or
minimized, while the proposed language states that no groundwater withdrawal shall result in
adverse impacts. This would likely result in permit denials for withdrawals having minimal
impact and would adversely affect our rural area businesses that do not have access to
county or municipal water. Consequently, this could become a deterrent for companies that
already have or who are considering operations in our rural areas – therefore having a direct
impact on job growth in the regions of our state that are struggling most.
• Paragraph (d): The rule clearly lays out the criteria required in a water withdrawal permit
application. However, the proposed rule change would add language that allows the
Department to ask companies for “any other information necessary…”, which must be
furnished within 30 days. The Chamber asks that the Department clearly outline what
information it may be requiring, as this would inevitably create unnecessary operational and
financial uncertainty for companies and cause delays in the permit process.
• Paragraph (e): The current language provides certainty in that it requires the DEQ director
to issue, deny, modify, or revoke each permit, while the proposed rule removes this
language. Like the point above, this would create uncertainty and could result in ongoing
delays in permit decisions.
• Paragraph (m): Permitted water users are currently allowed to sell or transfer to other users
a portion of their permitted withdrawal. The proposed rule revision would not allow permitted
users to sell a portion of their withdrawal, but they would still be allowed to transfer a portion
to another user. This change would put additional limits on businesses that may be
struggling financially and could benefit from the additional revenue.

These rule changes will have an impact on not just the most obvious business sectors like
agriculture and manufacturing, but every industry. Companies of all types and sizes need regulatory

certainty. We hope that DEQ will hear our concerns and the interests of the businesses we represent
– businesses that are the backbone of this state’s economy.

Sincerely,

Peter Daniel

Director of Government Affairs
NC Chamber