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HomeMy WebLinkAboutNCGuideSurfaceWater11x17-200903-DWQ-PLN-CSU SURFACE FRESHWATER CLASSIFICATIONS USED IN NORTH CAROLINA *DWQ PRIMARY CLASSIFICATIONS The Division of Water Quality (DWQ) assigns to each surface water in North Carolina a primary classification. All waters must meet the standards for Class C (fishable/swimmable) waters. The other primary classifications provide additional levels of protection for primary water contact recreation (Class B) and drinking water (Water Supply Class I through V). Class C Waters protected for secondary recreation, fishing, wildlife, fish consumption, aquatic life including propagation, survival, and maintenance of biological integrity, agriculture and other uses suitable for Class C. Secondary recreation includes wading, boating, and other uses involving human body contact with water where such activities take place in an infrequent, unorganized or incidental manner. Water Supply I (WS-I) Waters used as sources of water supply for drinking, culinary, or food processing purposes for those users desiring maximum protection for their water supplies. These waters are also protected for Class C uses. WS-I waters are those within natural and undeveloped watersheds in public ownership. All WS-I waters are HWQ by supplemental classification. Water Supply II (WS-II) Waters used as sources of water supply for drinking, culinary or food processing purposes where a WS-I classification is not feasible. These waters are also protected for Class C uses. WS-II waters are generally in predominantly undeveloped watersheds. All WS- II waters are HQW by supplemental classification. Water Supply III (WS-III) Waters used as sources of water supply for drinking, culinary or food processing purposes where a more protective WS-I or WS-II classification is not feasible. These waters are also protected for Class C uses. WS-III waters are typically in low to moderately developed watersheds. Water Supply IV (WS-IV) Waters used as sources of water supply for drinking, culinary or food processing purposes where a WS-I, WS-II or WS-III classification is not feasible. These waters are also protected for Class C uses. WS-IV waters are generally in moderately to highly developed watersheds or Protected Areas.. Water Supply V (WS-V) Waters protected as water supplies which are generally upstream and draining to Class WS-IV waters or waters used by industry to supply their employees with drinking water or as waters formerly used for public water supply. These waters are also protected for Class C uses. Class B Waters used for primary recreation and other uses suitable for Class C. Primary recreational activities include swimming, skin diving, water skiing, and similar uses involving human body contact with water where such activities take place in an organized manner or on a frequent basis. *DWQ SUPPLEMENTAL CLASSIFICATIONS Supplemental classifications are sometimes added by DWQ to the primary classifications to provide additional protection to waters with special uses or values. Nutrient Sensitive Waters (NSW) Supplemental classification intended for waters needing additional nutrient management due to their being subject to excessive growth of microscopic or macroscopic vegetation. Trout Waters (Tr) Supplemental classification intended to protect freshwaters for natural trout propagation and survival of stocked trout on a year round basis. This is not the same as the N.C. Wildlife Resources Commission’s Designated Public Mountain Trout Waters (see end of this section). High Quality Waters (HQW) Supplemental classification intended to protect waters which are rated excellent based on biological and physical/chemical characteristics through Division monitoring or special studies, primary nursery areas designated by the Marine Fisheries Commission, and other functional nursery areas designated by the Marine Fisheries Commission. The following waters are HQW by definition: 1. WS-I, 2. WS-II, 3. SA (commercial shellfish), 4. ORW, 5. Primary Nursery Areas designated by Marine Fisheries Commission, 6. Waters for which DWQ has received a petition for reclassification to either WS-I or WS-II. Outstanding Resource Waters (ORW) Supplemental classification intended to protect unique and special waters having excellent water quality and being of exceptional state or national ecological or recreational significance. To qualify, waters must be rated Excellent by DWQ, and have one of the following outstanding resource values: 1. Outstanding fish habitat or fisheries, 2. Unusually high level of water based recreation or potential for such kind of recreation, 3. Some special designation such as N.C. Scenic/Natural River, or National Wildlife Refuge, 4. Important component of state or national park or forest; or 5. Special ecological or scientific significance (rare or endangered species habitat, research or educational areas.) All ORWs are HQW by supplemental classification. Swamp Waters (Sw) Supplemental classification intended to recognize those waters which are topographically located so as to generally have low velocities and other natural characteristics which are different from adjacent streams draining land with steeper topography. Unique Wetland (UWL) Supplemental classification for wetlands of exceptional state or national ecological significance. These wetlands may include wetlands that have been documented to the satisfaction of the EMC as habitat essential for the conservation of state or federally listed threatened or endangered species. OTHER AGENCY CLASSIFICATIONS Federal Wild and Scenic Rivers A federal government river designation intended to protect certain free flowing rivers or segments with outstanding scenic, recreational, geologic, fish and wildlife, historic, archaeological or other values. There are three river classifications: Wild, Scenic and Recreational river areas. NC Natural and Scenic Rivers A state government river designation intended to protect certain free flowing rivers or segments with outstanding natural, scenic, education, recreational, geologic, fish and wildlife, historic, scientific or other cultural values. There are three river classifications: Natural, Scenic and Recreational river areas. This classification is administered by the NC Division of Parks and Recreation. Designated Public Mountain Trout Waters A state fishery management designation administered by the N.C. Wildlife Resources Commission, which provides for public access to streams for fishing on private and public lands. It regulates fishing activities only (seasons, size limits, creel limits, and bit and lure restrictions) and is not the same classification as the DWQ Tr classification which protects water quality. SURFACE FRESHWATER CLASSIFICATIONS USED IN NORTH CAROLINA WHAT ARE SURFACE WATER CLASSIFICATIONS? Surface Water Classifications are designations applied to surface water bodies, such as streams, rivers and lakes, which define the best uses to be protected within these waters (for example swimming, fishing, drinking water supply). Each classification has an associated set of water quality standards to protect those uses. Surface water classifications are one tool that state and federal agencies use to manage and protect all streams, rivers, lakes, and other surface waters in North Carolina. Classifications and their associated protection rules may be designed to protect water quality, fish and wildlife, the free flowing nature of a stream or river, or other special characteristics. HOW DO CLASSIFICATIONS AFFECT ME? Before you buy property, plan a new development project, construct a new road or undertake other land use activities, you should check with local, state and federal agencies about the assigned surface water classification for the waterbody on your property. Many classifications, especially those designed to protect drinking water supplies and certain high quality waters, have protection rules which may affect land use and other activities. WHY DO THEY SOMETIMES OVERLAP? Many streams, rivers and lakes may have several classifications applied to the same area. This is because surface waters are classified to protect different uses or special characteristics of the waterbody. For example, a stream or specific stream segment may be classified as Class WS-III Tr HQW by the NC Division of Water Quality (DWQ). This protects it as a drinking water supply (WS-III), as Trout Waters (Tr) and as High Quality Waters (HQW). The stream segments upstream or downstream may have different classifications based on other water uses or stream characteristics. HOW DO I DETERMINE MY STREAM'S CLASSIFICATION? DWQ classifies all surface waters. Use the classification search capabilities at http://h2o.enr.state.nc.us/bims/Reports/reports.html. You can also call DWQ in Raleigh, (919) 807-6412, or any of our regional offices. Contact other agencies listed in this brochure for any of their classifications which may apply. HOW CAN THIS BROCHURE HELP ME? This brochure provides an overview of the various surface freshwater classifications used in North Carolina and their effect on different land uses or other human activities. It is based on the classifications and their associated rules as of March 2009. Classifications and their rules are regularly updated and revised, so check with the appropriate agencies before starting any project. The rules presented in this document are based on the minimum protection rules of state and federal agencies. Local governments, in most cases, can adopt more stringent land use or water resource protection requirements. Check with local government agencies that have jurisdiction over your land for local rules and procedures that may apply. WHERE CAN I GET MORE INFORMATION? More detailed information is available from the Division of Water Quality’s (or DWQ’s) Planning Section, 1617 Mail Service Center, Raleigh, N.C. 27699-1617, (919) 807-6412, or 807-6305. Additional information, including stream classifications, may be obtained on DWQ’s website at: http://h2o.enr.state.nc.us. Asheville Regional Office (ARO) Roger Edwards, Surface Water Protection Supervisor Landon Davidson, Aquifer Protection Supervisor 2090 US Highway 70, Swannanoa, NC 28778 Courier: 12-59-01; T: (828) 296-4500; F: (828) 299-7043 Avery Buncombe Burke Caldwell Cherokee Clay Graham Haywood Henderson Jackson Macon Madison McDowell Mitchell Polk Rutherford Swain Transylvania Yancey Mooresville Regional Office (MRO) Rob Krebs, Surface Water Protection Supervisor Andrew Pitner, Aquifer Protection Supervisor 610 East Center Avenue / Suite 301 Mooresville, NC 28115 Courier: 09-08-06; T: (704) 663-1699; F: (704) 663-6040 Alexander Cabarrus Catawba Cleveland Gaston Iredell Lincoln Mecklenburg Rowan Stanly Union Washington Regional Office (WaRO) Al Hodge, Surface Water Protection Supervisor David May, Aquifer Protection Supervisor 943 Washington Square Mall Washington, NC 27889 Courier: 16-04-01; T: (252) 946-6481 F: (252) 946-9215; F: (252) 975-3716 Beaufort Bertie Camden Chowan Craven Currituck Dare Gates Greene Hertford Hyde Jones Lenoir Martin Pamlico Pasquotank Perquimans Pitt Tyrrell Washington Wayne Fayetteville Regional Office (FRO) Belinda Henson, Surface Water Protection Supervisor Art Barnhardt, Aquifer Protection Supervisor 225 Green Street, Systel Building Suite 714 Fayetteville, NC 28301-5043 Courier: 14-56-25; T: (910) 433-3300; F: (910) 486-0707 Anson Bladen Cumberland Harnett Hoke Montgomery Moore Richmond Robeson Sampson Scotland Raleigh Regional Office (RRO) Danny Smith, Surface Water Protection Supervisor Jay Zimmerman, Aquifer Protection Supervisor 3800 Barrett Drive, Raleigh, NC 27609 Courier: 52-01-00; T: (919) 791-4200; F: (919) 571-4718 Chatham Durham Edgecombe Franklin Granville Halifax Johnston Lee Nash Northampton Orange Person Vance Wake Warren Wilson Wilmington Regional Office (WiRO) Rick Shiver, Surface Water Protection Supervisor Charlie Stehman, Aquifer Protection Supervisor 127 Cardinal Drive Extension, Wilmington, NC 28405-2845 Courier: 04-16-33; T: (910) 796-7215; F: (910) 350-2004 Brunswick Carteret Columbus Duplin New Hanover Onslow Pender Winston-Salem Regional Office (WSRO) Steve Tedder, Surface Water Protection Supervisor Sherri Knight, Aquifer Protection Supervisor 585 Waughtown Street, Winston-Salem, NC 27107 Courier: 13-15-01; T: (336) 771-5000; F: (336) 771-4631 Alamance Alleghany Ashe Caswell Davidson Davie Forsyth Guilford Randolph Rockingham Stokes Surry Watauga Wilkes Yadkin DWQ CENTRAL AND REGIONAL OFFICES (R.O.) Central Office DENR - Division of Water Quality 1617 Mail Service Center, Raleigh NC 27699-1617 Courier: 52-01-00 T: (919) 807-6300; F: (919) 807-6492 *Two primary classifications (WL=Freshwater Wetlands and SWL=Saltwater Wetlands) and one supplemental classification (FWS=Future Water Supply) are not discussed in this document because no water bodies currently carry these designations. A Guide to Surface Freshwater Classifications in North Carolina 2009 NC Department of Environment and Natural Resources Division of Water Quality 1000 copies of this document were printed at a cost of $585.42 or $0.58 per document with funds provided by the US Environmental Protection Agency under the Clean Water Act, Section 319h (through the NC Division of Water Quality's Nonpoint Source Program) GUIDE TO SURFACE FRESHWATER CLASSIFICATIONS IN NORTH CAROLINA NC Department of Environment and Natural Resources – Division of Water Quality – 2009 NOTES: 1. Public water supplies are also subject to protection rules administered by the N.C. Division of Environmental Health, especially DEH designated Class I and II reservoirs. 2. In an effort to protect trout streams, the U.S. Army Corps of Engineers' rules for the 25 western counties in the state require certain dredge and fill activities to obtain special Corps approval. 3. Critical Area is 1/2 mile and draining to water supplies as measured from the normal pool elevation of reservoirs, or 1/2 mile and draining to a river intake. 4. Protected Area is 5 miles and draining to water supplies as measured from the normal pool elevation of reservoirs, or 10 miles upstream of and draining to a river intake. However, in some cases the Protected Area can encompass the entire drainage area. 5. Area is 1/4 mile wide from each bank for a “study” river corridor. Legal boundary description with no more than 320 acres per mile average for “designated” rivers. 6. The corridor boundaries shall be the visual horizon or such distance from each shoreline as may be necessary, but not less than 20 feet. The state is authorized to carry out protection/management activities within this boundary. 7. Where no practical alternative exists, treated discharge from groundwater remediation projects addressing water quality problems will be allowed. 8. General permits cover relatively insignificant wastewater discharges such as swimming pool filter backwashes. 9. New industrial process wastewater discharges are allowed but will require additional treatment requirements. 10. These rules apply only to projects requiring a Sedimentation and Erosion Control Plan. 11. 1/3 acre lot or 36 percent built upon surface area is allowed for projects without a curb and gutter street system. 12. High Density Option requires control of runoff from the first 1 inch of rainfall through use of engineered stormwater controls. Local governments must assume ultimate responsibility for operation and maintenance of stormwater controls. 13. Buffers for low and high density options are applicable to perennial waters and shorelines; however, an unique management strategy with different buffer requirements applies to Randleman Reservoir (15A NCAC 2B .0248-.0251). When the 10/70 provision is invoked, 100’ buffers are needed. 14. Riparian Buffer Protection Rules specifically applied to the surface waters of the Neuse River Basin and Tar-Pamlico River Basin went into effect in August 2000. Fifty-foot buffers are required for waters classified as NSW in these two basins and these buffers are more restrictive than buffers required by other classifications. 15. Erosion and sedimentation controls are those specified under the N.C. Sedimentation Pollution Control Act (administered by the N.C. Division of Land Resources) or local government ordinances. 16. All agricultural activities are subject to provisions of the Food Security Act of 1985 and the Food, Agriculture, Conservation and Trade Act of 1990. 17. Agricultural activities must maintain a 10-foot vegetated buffer from perennial surface waters or equivalent control as determined by the Soil and Water Conservation Commission. 18. Statewide rules administered by DWQ require certain size animal feedlots to have permit coverage and approved animal waste management plans, as well as to implement buffer zones between newly constructed waste facilities / waste application areas and perennial surface waters. In the Neuse River Basin and Tar-Pamlico River Basin, any agricultural operation is required either to become part of a collective local strategy for implementing BMPs or to implement standard BMPs. 19. Silviculture activities are subject to the provisions of the Forest Practices Guidelines related to water quality. Activities on U.S. Forest Service lands are also subject to federal forest management guidelines. 20. The Department of Transportation must use BMPs as described in their document, “Best Management Practices For Protection of Surface Waters" (March 1997). 21. “Discharging” landfills are those that must obtain a National Pollutant Discharge Elimination System permit from DWQ to discharge treated leachate to surface waters. 22. The following stormwater management requirements are applicable to development activities in the 20 Coastal Counties requiring a CAMA major permit or Erosion and Sedimentation Control Plan approval and, for non-residential development, any project proposing 10,000 square feet or more of built-upon area. MINIMUM BUFFER REQUIREMENT: 30 ft – Redevelopment, 50 ft – New Development LOW DENSITY THRESHOLD FOR BUILT-UPON AREA: 24% built upon area ENGINEERED STORMWATER CONTROL FOR HIGH DENSITY: Requires control of runoff from the 1.5-inch rainfall event through the use of engineered stormwater controls. The following stormwater management requirements are applicable to development in post-construction coverage areas where development activities require an Erosion and Sedimentation Control Plan approval. MINIMUM BUFFER REQUIREMENT: 30 ft LOW DENSITY THRESHOLD FOR BUILT-UPON AREA: 24% built upon area ENGINEERED STORMWATER CONTROL FOR HIGH DENSITY: Requires control of runoff from the 1.5-inch rainfall event through the use of engineered stormwater controls. DESIGNATED PUBLIC MOUNTAIN TROUT WATERS2 (NC Wildlife Resources Commission) NC NATURAL & SCENIC RIVERS (NC Division of Parks and Recreation) FEDERAL WILD & SCENIC RIVERS (US Forest Service, National Park Service, etc.) SWAMP WATERS (SW) OUTANDING RESOURCE WATERS (ORW) HIGH QUALITY WATERS (HQW) DWQ TROUT WATERS (TR) NUTRIENT SENSITIVE WATERS (NSW) CLASS C (C) CLASS B (B) WATER SUPPLY - V (WS-V)1 WATER SUPPLY - IV (WS-IV)1 WATER SUPPLY - III (WS-III)1 WATER SUPPLY - II (WS-II)1 WATER SUPPLY - I (WS-I)1 Surface Freshwater Classifications designated waters river corridor6 river corridor5 receiving stream normally entire water- shed (drain- age area) within 1 mile from and draining to classified waters receiving stream & 25' buffer area entire watershed or river basin receiving stream receiving stream river segment protected area4 1/2 mile critical area3 rest of watershed 1/2 mile critical area3 rest of watershed 1/2 mile critical area3 entire water supply watershed AREA AFFECTED no specific restrictions no specific restrictions no specific restrictions Other Agency Classifications no specific restrictions no new dis- charges or expansions domestic & industrial (stricter treat- ment standards for new or expanded discharges) domestic & industrial (stricter treat- ment standards) domestic & industrial (watershed- specific nutrient removal required) domestic and industrial domestic and industrial (reliability requirements) domestic and industrial domestic and industrial domestic and industrial9 domestic & non-process industrial general permits8 general permits8 general permits8 none allowed DWQ Primary Classifications WASTEWATER DISCHARGES ALLOWED7 1 du / ac. or 12% built upon area10 1 du / ac. or 12% built upon area10 1 du / 1/2 ac or 24% built upon area10, 11 1 du / 1/2 ac or 24% built upon area10 1 du / 1/2 ac or 24% built upon area 1 du / 1 ac or 12% built upon area 1 du / 1 ac or 12% built upon area 1 du / 2 ac or 6% built upon area none -- undeveloped LOW DENSITY OPTION (DU = DWELLING UNIT) (AC =ACRE) no restrictions no limit specified (must control runoff from first 1' of rain- fall10) no limit specified (must control runoff from first 1' of rain- fall10) No restrictions 11 communities in Tar- Pamlico and 15 in Neuse Basins require stormwater to meet loading targets DWQ Supplemental Classifications no restrictions22 no restrictions22 no restrictions 24-70% built upon area10, 11 24-50% built upon area10 24-50% built upon area 12-30% built upon area 12-30% built upon area 6-24% built upon area none -- undeveloped HIGH DENSITY OPTION12 no specific restrictions (this classification is for fishery management purposes only) no specific restrictions (federal government asks local governments to regulate land use, but is not mandatory) no specific restrictions (State encourages local governments to regulate land use but is not mandatory) none required low density - 30'10 high density - N.A. low density - 30'10 high density - N.A. 25' buffer between stream & graded area 50’ in Neuse and Tar-Pamlico basins and Jordan Lake Watershed14 none22 required none22 required none required low density - 30' high density - 100' low density - 30' high density - 100' low density - 30' high density - 100' low density - 30' high density - 100' low density - 30' high density - 100' low density - 30' high density - 100' N.A. STREAM BUFFERS13, 14 ALLOWABLE DENSITY DEVELOPMENT ACTIVITIES standard rules standard rules standard rules standard rules more stringent rules apply more stringent rules apply standard rules plus special buffer zone standard rules standard rules standard rules standard rules standard rules standard rules standard rules standard rules more stringent rules apply more stringent rules apply more stringent rules apply EROSION & SEDIMENTATION CONTROLS15 yes18 yes18 yes18 yes18 yes18 yes18 yes18 yes18 yes yes yes yes yes17 yes yes17 yes yes17 yes17 AGRICULTURE BEST MANAGEMENT PRACTICES MANDATED16 yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes FORESTRY BEST MANAGEMENT PRACTICES MANDATED19 no specific BMPs required no specific BMPs required no specific BMPs required no specific BMPs required stricter NC Div. of Land Resources erosion controls apply stricter NC Div. of Land Resources erosion controls apply stricter NC Div. of Land Resources erosion controls apply no specific BMPs required no specific BMPs required no specific BMPs required applied as practical yes20 yes20 yes20 yes20 stricter NC Div. of Land Resources erosion controls apply 20 stricter NC Div. of Land Resources erosion controls apply 20 stricter NC Div. of Land Resources erosion controls apply 20 TRANSPORTATION BEST MANAGEMENT PRACTICES MANDATED no specific restrictions no specific restrictions no specific restrictions no specific restrictions no new discharging landfills new discharging landfills possibly restricted no specific restrictions no specific restrictions no specific restrictions no specific restrictions no specific restrictions no specific restrictions no new landfills no new discharging landfills21 no new landfills no new discharging landfills21 no new landfills none allowed LANDFILLS ALLOWED may be restricted / prohibited may be restricted / prohibited may be restricted / prohibited no specific restrictions no specific restrictions no specific restrictions no specific restrictions no specific restrictions no specific restrictions no specific restrictions no specific restrictions no specific restrictions no specific restrictions no specific restrictions no specific restrictions no specific restrictions no specific restrictions no specific restrictions DAMS/ WATER RESOURCE PROJECTS ..MAIN CONTACTS FOR INFORMATION . US Army Corps of Engineers Wilmington District Office P.O. Box 1890 Wilmington, NC 28402-1890 (910) 251-4511 NC Division of Water Quality Planning Section 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 807-6300 NC Division of Parks & Recreation 1615 Mail Service Center Raleigh, NC 27699-1615 (919) 733-4181 US Forest Service P.O. Box 2750 Asheville, NC 28802 (828) 257-4200 NC Wildlife Resources Commission Division of Inland Fisheries 1721 Mail Service Center, Raleigh, NC 27699-1721 (919) 733-3633 NC Division of Land Resources Land Quality Section 1612 Mail Service Center, Raleigh, NC 27699-1612 (919) 733-4574