Attachment_D-Regulations

APPENDIX D 
 INTERBASIN TRANSFER CERTIFICATE AND REGULATIONS 

Interbasin Transfer Certificate ...................................................................................................................... 1 
NCGS 143‐215.22I Surface Water Transfer Regulations ............................................................................... 9 
15A NCAC 2B .0600‐.0609 Site Specific Water Quality Management  
Plan for the Goose Creek Watershed ............................................................................................ 13 

D1

North Carolina Division of Water Resources II - 1 Charlotte-Mecklenburg Utilities
Environmental Management Commission Proposed Increase in Interbasin Transfer
Hearing Officer’s Report – February 2002

ENVIRONMENTAL MANAGEMENT COMMISSION

Certificate Authorizing the Charlotte-Mecklenburg Utilities
to Increase Their Transfer of Water
from the Catawba River basin to the Rocky River basin
under the Provisions of G.S. 143-215.22I

In August 2001, the Charlotte-Mecklenburg Utilities (CMU) petitioned the Environmental
Management Commission (EMC) for an increase in interbasin transfer (IBT) from the Catawba
River Basin to the Rocky River Basin. CMU requested an increase from the grandfathered IBT
of 16.1 million gallons per day (mgd) to 33 mgd (maximum day basis). The proposed IBT is
based on additional water withdrawals from Lake Norman and Mountain Island Lake in the
source basin (Catawba River Basin). The IBT will increase due to transfer of the water to the
receiving basin (Rocky River Basin) via consumptive use in eastern Mecklenburg County and
existing discharges at Mallard Creek Wastewater Treatment Plant [WWTP] and Water and
Sewer Authority of Cabarrus County’s [WSACC] Rocky River Regional (RRR) WWTP. CMU
requested an increase to 33 mgd, will allow CMUD to meet projected water supply demands
through the year 2030 in eastern Mecklenburg County. This IBT does not include transfers
associated with water or wastewater service provided to the Goose Creek watershed in the Town
of Mint Hill in Mecklenburg County. Public hearings on the proposed transfer increase were held
in Huntersville on December 11, 2001 pursuant to G.S. 143-215.22I.

The EMC considered the petitioner’s request at its regular meeting on March 14, 2002.
According to G.S. 143-215.22I (g), the EMC shall issue a transfer certificate only if the benefits
of the proposed transfer outweigh the detriments of the proposed transfer, and the detriments
have been or will be mitigated to a reasonable degree.

The EMC may grant the petition in whole or in part, or deny it, and may require mitigation
measures to minimize detrimental effects. In making this determination, the EMC shall
specifically consider:

1. The necessity, reasonableness, and beneficial effects of the transfer.
2. Detrimental effects on the source river basin.
2a. The cumulative effect on the source major river basin of any water transfer or
consumptive water use.
3. Detrimental effects on the receiving basin.
4. Reasonable alternatives to the proposed transfer.
5. Use of impounded storage.
6. Purposes and water storage allocations in a US Army Corps of Engineers multi-
purpose reservoir.
7. Any other facts or circumstances necessary to carry out the law.

In addition, the certificate may require a drought management plan. The plan will describe the
actions a certificate holder will take to protect the source basin during drought conditions.
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North Carolina Division of Water Resources II - 2 Charlotte-Mecklenburg Utilities
Environmental Management Commission Proposed Increase in Interbasin Transfer
Hearing Officer’s Report – February 2002

The members of the EMC reviewed and considered the complete record which included the
hearing officer’s report, staff recommendations, the applicant’s petition, the Final Environmental
Assessment, the public comments relating to the proposed interbasin transfer, and all of the
criteria specified above. Based on that record, the Commission makes the following findings of
fact.

Finding of Fact

THE COMMISSION FINDS:

(1) Necessity, Reasonableness, and Benefits of the Transfer
The proposed transfer will provide water to Mecklenburg County, City of Charlotte, and
other communities in the county. The current population served is about 636,000 with a
maximum day water use of about 154 million gallons per day (mgd). Projections assume
a 2.6 percent annual increase through 2010 decreasing to 1.3 percent by 2030. The
projected 2030 serve population is 1,101,000 with a maximum day water use of about
245 mgd.

The western boundary of Mecklenburg county includes Lake Norman and Mountain
Island Lake which are CMU’s two water sources. CMU’s current combined withdrawal
capacity from both lakes is adequate to meet average day demands until about 2020.
CMU has requested an increase from the Federal Energy Regulatory Commission
(FERC) to increase their Mountain Island Lake withdrawal capacity. The requested
increase from 165 mgd to 330 mgd (instantaneous maximum) will meet projected 2030
demands and add pumping flexibility.

The transfer of water will benefit the Mecklenburg County region by guaranteeing water
to support the economic development and associated population growth that has occurred
and projected to occur in this region of the State.

Based on the record the Commission finds the transfer is necessary to supply water to the
growing communities of this area. Water from the source basin is readily available and
within a short distance from the service area. Therefore the transfer is a reasonable
allocation to these communities. The transfer will greatly benefit these communities by
providing raw water of high quality for residential and industrial purposes.

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North Carolina Division of Water Resources II - 3 Charlotte-Mecklenburg Utilities
Environmental Management Commission Proposed Increase in Interbasin Transfer
Hearing Officer’s Report – February 2002

(2) Detrimental Effects on the Source Basin
In order to assess the direct impacts of the proposed transfer on the source basin,
the petitioners utilized Duke Energy’s Hydro-Electric Operations and Planning
Model of the Catawba-Wateree Project. The Catawba-Wateree model simulates
reservoir operations and withdrawals from Lake James in North Carolina to Lake
Wateree in South Carolina (see the following figure the Catawba-Wateree River
System). Details of the modeling analysis are included in this report Part V
Applicant Supplemental Information.

As required under G.S. 143-215.22I(f)(2), local water supply plans were
considered in developing the model. In addition, industrial and agricultural
withdrawals were model inputs. Model runs were evaluated for present
conditions, 2030 CMU water demands, and cumulative 2030 water demands.

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North Carolina Division of Water Resources II - 4 Charlotte-Mecklenburg Utilities
Environmental Management Commission Proposed Increase in Interbasin Transfer
Hearing Officer’s Report – February 2002

As seen in the following table, a summary of daily releases from Lake Wylie, the
transfer will have minimal impact on low flows. Similarly the model results show
minimal impacts to both lake levels and hydropower generation.

Percent of Time that Daily Flow Releases from Lake Wylie Would Equal or Exceed Selected Average Daily Flow Thresholds During the
Entire Year
400
cfs
500
cfs
700
cfs
1,000
cfs
1,250
cfs
1,500
cfs
2,00
cfs
Average Year
Existing
2000
100% 100% 97% 87% 82% 82% 79%
CMU
2030
100% 100% 96% 87% 82% 82% 78%
Cumulative
2030
100% 100% 96% 87% 82% 82% 79%
Dry Year
Existing
2000
100% 95% 88% 81% 76% 73% 61%
CMU
2030
100% 95% 88% 81% 76% 72% 60%
Cumulative 2030 100% 95% 88% 81% 75% 70% 59%
Drought Year
Existing
2000
100% 85% 82% 70% 52% 39% 29%
CMU
2030
100% 84% 82% 62% 44% 35% 28%
Cumulative
2030
100% 84% 79% 55% 41% 32% 26%

Based on the modeling results the Commission finds that the detrimental effects
on the source basin described in G.S. §143-215.22I(f)(2) will be insignificant.

(2a) Cumulative effect on Source Basin of any transfers or consumptive water use
projected in local water supply plans
Local water supply plan data, including current and projected water use and water
transfers, were used to develop the input data sets for the model discussed in
Finding Number 2. The model was used to evaluate current and future scenarios
of basin water use.

The safe yield of the reservoir system has not been determined. Duke Power does
not have a policy on reallocation of power pool storage to water supply, for
example unlike the Corps of Engineers. However, based on two 2030 model
scenarios and current drought operations, the safe yield is at least as large or
larger than the cumulative 2030 scenario of 624 mgd.

Based on the modeling discussed in Finding No. 2, the Commission finds the
cumulative effects of this and other future water transfers or consumptive uses as
described in G.S. §143-215.22I(f)(2a) will be insignificant.

D5

North Carolina Division of Water Resources II - 5 Charlotte-Mecklenburg Utilities
Environmental Management Commission Proposed Increase in Interbasin Transfer
Hearing Officer’s Report – February 2002

(3) Detrimental Effects on the Receiving Basin
The proposed transfer will utilize existing permitted wastewater discharges to the Rocky
River basins; therefore no additional permitted capacities will be required. Previous
studies for the existing plant indicated no significant direct water quality or wastewater
assimilation on the receiving stream. Additional growth and development in the receiving
basin may impact water quality, stormwater runoff, frequency and intensity of flooding,
and land use.

The Goose Creek watershed in Mecklenburg County was removed from the area to be
served by this transfer certificate until the impacts of additional urban growth on
Federally listed endangered mussel specifies are fully evaluated.

Based on the record the Commission finds the transfer will support continued population
growth and the attendant impacts of that growth. These impacts include effects on
wastewater assimilation, fish and wildlife habitat, and water quality. However, these
impacts will be minimal. Reasonable mitigation includes:
1. Require the County to evaluate the feasibility of each element of the Surface
Water Improvement and Management Program (SWIM) on an annual basis.
2. Require the County and the Town of Mint Hill to consider the conclusions of
Wildlife Resources Commission’s Goose Creek watershed study when complete.
3. Require Mecklenburg County and the City of Charlotte to continue the
stakeholder process to investigate water quantity control from single-family
development and water quality control for all development.
4. The Goose Creek subbasin in Mecklenburg County is removed from the area to be
served by the IBT. A moratorium on the installation of new IBT water lines into
Goose Creek subbasin is in effect until the impacts of additional growth urban
growth on the endangered specifies are fully evaluated.

D6

North Carolina Division of Water Resources II - 6 Charlotte-Mecklenburg Utilities
Environmental Management Commission Proposed Increase in Interbasin Transfer
Hearing Officer’s Report – February 2002

(4) Alternatives to Proposed Transfer
The petitioners evaluated three alternatives to the proposed transfer. The alternatives
considered included:
1. No Action – Growth would be served by individual wells and septic tanks. The
region is already experiencing water quality problems related septic tanks and
package sewage plants. Also, a number of individual wells in this region have
both low yields and poor water quality.
2. Obtain Water from the Rocky River – New reservoir project. Development of
new impoundments for water supply in rapidly developing urban area face
significant regulatory requirements and considerable public controversy.
3. Return wastewater discharge to the Catawba – Return wastewater to the
McAlpine WWTP. Returning water to the Catawba would increase McApline’s
discharge by 17 mgd. SC DHEC considers the McAlpine plant to be a significant
contributor to phosphorus in the Catawba basin already at it’s current discharge
level.
4. Proposed Action. The proposed action of using the Mallard Creek WTTP and the
Rocky Regional WTTP increases the existing discharge of 8 mgd to 18 mgd by
2030 into the Rocky River.

Based on the information provided in the EA and the petition, the Commission finds that
the proposed alternative is the most feasible means of meeting the petitioners’ long-term
water supply needs while minimizing overall impacts and cost.

(5) Impoundment Storage
This criterion is not applicable, as the petitioners do not have an impoundment.

(6) The water to be withdrawn or transferred is stored in a multipurpose reservoir
constructed by the United States Army Corps of Engineers
This criterion is not applicable, as the petitioners are using storage in Duke Power
reservoirs.

(7) Other Considerations
The Commission finds that to protect the source basin during drought conditions, to
mitigate the future need for allocations of the limited resources of this basin, and as
authorized by G.S. § 143-215.22I(h), a drought management plan is appropriate. The
plan should describe the actions that the Charlotte-Mecklenburg Utilities will take to
protect the Catawba River Basin during drought conditions.

The Commission notes that future developments may prove the projections and
predictions in the EIS to be incorrect and new information may become available that
shows that there are substantial environmental impacts associated with this transfer.
Therefore, to protect water quality and availability and associated benefits, modification
of the terms and conditions of the certificate may be necessary at a later date.
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D8

G.S. 143‐215.22I Regulation of Surface Water Transfers 

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as required by this subsection.
(e) Any person who is required to register a water transfer or withdrawal under this section and fails
to do so shall pay, in addition to the registration fee required under G.S. 143- 215.3(a)(1a) and G.S.
143-215.3(a)(1b), a late registration fee of five dollars ($5.00) per day for each day the registration is late
up to a maximum of five hundred dollars ($500.00). A person who is required to update a registration
under this section and fails to do so shall pay a fee of five dollars ($5.00) per day for each day the
updated information is late up to a maximum of five hundred dollars ($500.00). A late registration fee
shall not be charged to a farmer who submits a registration that pertains to farming operations. (1991, c.
712, s. 1; 1993, c. 344, s. 1; c. 553, s. 81; 1998-168, s. 3.)
'''' 143-215.22I. Regulation of surface water transfers.
(a) No person, without first securing a certificate from the Commission, may:
(1) Initiate a transfer of 2,000,000 gallons of water or more per day from one river basin to
another.
(2) Increase the amount of an existing transfer of water from one river basin to another by
twenty-five percent (25%) or more above the average daily amount transferred during the year ending
July 1, 1993, if the total transfer including the increase is 2,000,000 gallons or more per day.
(3) Increase an existing transfer of water from one river basin to another above the amount
approved by the Commission in a certificate issued under G.S. 162A-7 prior to July 1, 1993.
(b) Notwithstanding the provisions of subsection (a) of this section, a certificate shall not be required
to transfer water from one river basin to another up to the full capacity of a facility to transfer water from
one basin to another if the facility was existing or under construction on July 1, 1993.
(c) An applicant for a certificate shall petition the Commission for the certificate. The petition shall
be in writing and shall include the following:
(1) A description of the facilities to be used to transfer the water, including the location and
capacity of water intakes, pumps, pipelines, and other facilities.
(2) A description of the proposed uses of the water to be transferred.
(3) The water conservation measures to be used by the applicant to assure efficient use of the
water and avoidance of waste.
(4) Any other information deemed necessary by the Commission for review of the proposed
water transfer.
(d) Upon receipt of the petition, the Commission shall hold a public hearing on the proposed transfer
after giving at least 30 days' written notice of the hearing as follows:
(1) By publishing notice in the North Carolina Register.
(2) By publishing notice in a newspaper of general circulation in the area of the river basin
downstream from the point of withdrawal.
(3) By giving notice by first-class mail to each of the following:
a. A person who has registered under this Part a water withdrawal or transfer from the same
river basin where the water for the proposed transfer would be withdrawn.
b. A person who secured a certificate under this Part for a water transfer from the same river
basin where the water for the proposed transfer would be withdrawn.
c. A person holding a National Pollutant Discharge Elimination System (NPDES)
wastewater discharge permit exceeding 100,000 gallons per day for a discharge located downstream
from the proposed withdrawal point of the proposed transfer.
d. The board of county commissioners of each county that is located entirely or partially
within the river basin that is the source of the proposed transfer.
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e. The governing body of any public water supply system that withdraws water downstream
from the withdrawal point of the proposed transfer.
(e) The notice of the public hearing shall include a nontechnical description of the applicant's request
and a conspicuous statement in bold type as to the effects of the water transfer on the source and
receiving river basins. The notice shall further indicate the procedure to be followed by anyone wishing
to submit comments on the proposed water transfer.
(f) In determining whether a certificate may be issued for the transfer, the Commission shall
specifically consider each of the following items and state in writing its findings of fact with regard to
each item:
(1) The necessity, reasonableness, and beneficial effects of the amount of surface water
proposed to be transferred and its proposed uses.
(2) The present and reasonably foreseeable future detrimental effects on the source river basin,
including present and future effects on public, industrial, and agricultural water supply needs,
wastewater assimilation, water quality, fish and wildlife habitat, hydroelectric power generation,
navigation, and recreation. Local water supply plans that affect the source major river basin shall be used
to evaluate the projected future municipal water needs in the source major river basin.
(2a) The cumulative effect on the source major river basin of any water transfer or consumptive
water use that, at the time the Commission considers the application for a certificate is occurring, is
authorized under this section, or is projected in any local water supply plan that has been submitted to
the Department in accordance with G.S. 143-355(l).
(3) The detrimental effects on the receiving river basin, including effects on water quality,
wastewater assimilation, fish and wildlife habitat, navigation, recreation, and flooding.
(4) Reasonable alternatives to the proposed transfer, including their probable costs, and
environmental impacts.
(5) If applicable to the proposed project, the applicant's present and proposed use of
impoundment storage capacity to store water during high-flow periods for use during low-flow periods
and the applicant's right of withdrawal under G.S. 143-215.44 through G.S. 143-215.50.
(6) If the water to be withdrawn or transferred is stored in a multipurpose reservoir constructed
by the United States Army Corps of Engineers, the purposes and water storage allocations established
for the reservoir at the time the reservoir was authorized by the Congress of the United States.
(7) Any other facts and circumstances that are reasonably necessary to carry out the purposes of
this Part.
(f1) An environmental assessment as defined by G.S. 113A- 9(1) shall be prepared for any petition
for a certificate under this section. The determination of whether an environmental impact statement
shall also be required shall be made in accordance with the provisions of Article 1 of Chapter 113A of
the General Statutes. The applicant who petitions the Commission for a certificate under this section
shall pay the cost of special studies necessary to comply with Article 1 of Chapter 113A of the General
Statutes.
(g) A certificate shall be granted for a water transfer if the applicant establishes and the Commission
concludes by a preponderance of the evidence based upon the findings of fact made under subsection (f)
of this section that: (i) the benefits of the proposed transfer outweigh the detriments of the proposed
transfer, and (ii) the detriments have been or will be mitigated to a reasonable degree. The conditions
necessary to ensure that the detriments are and continue to be mitigated to a reasonable degree shall be
attached to the certificate in accordance with subsection (h) of this section.
(h) The Commission may grant the certificate in whole or in part, or deny the certificate. The
Commission may also grant a certificate with any conditions attached that the Commission believes are
D11
necessary to achieve the purposes of this Part. The conditions may include mitigation measures proposed
to minimize any detrimental effects of the proposed transfer and measures to protect the availability of
water in the source river basin during a drought or other emergency. The certificate shall include a
drought management plan that specifies how the transfer shall be managed to protect the source river
basin during drought conditions. The certificate shall indicate the maximum amount of water that may
be transferred. No person shall transfer an amount of water that exceeds the amount in the certificate.
(i) In cases where an applicant requests approval to increase a transfer that existed on July 1, 1993,
the Commission shall have authority to approve or disapprove only the amount of the increase. If the
Commission approves the increase, however, the certificate shall be issued for the amount of the existing
transfer plus the requested increase. Certificates for transfers approved by the Commission under G.S.
162A-7 shall remain in effect as approved by the Commission and shall have the same effect as a
certificate issued under this Part.
(j) In the case of water supply problems caused by drought, a pollution incident, temporary failure of
a water plant, or any other temporary condition in which the public health requires a transfer of water,
the Secretary of the Department of Environment and Natural Resources may grant approval for a
temporary transfer. Prior to approving a temporary transfer, the Secretary of the Department of
Environment and Natural Resources shall consult with those parties listed in G.S. 143-215.22I(d)(3) that
are likely to be affected by the proposed transfer. However, the Secretary of the Department of
Environment and Natural Resources shall not be required to satisfy the public notice requirements of this
section or make written findings of fact and conclusions in approving a temporary transfer under this
subsection. If the Secretary of the Department of Environment and Natural Resources approves a
temporary transfer under this subsection, the Secretary shall specify conditions to protect other water
users. A temporary transfer shall not exceed six months in duration, but the approval may be renewed for
a period of six months by the Secretary of the Department of Environment and Natural Resources based
on demonstrated need as set forth in this subsection.
(k) The substantive restrictions and conditions upon surface water transfers authorized in this section
may be imposed pursuant to any federal law that permits the State to certify, restrict, or condition any
new or continuing transfers or related activities licensed, relicensed, or otherwise authorized by the
federal government.
(l) When any transfer for which a certificate was issued under this section equals eighty percent
(80%) of the maximum amount authorized in the certificate, the applicant shall submit to the
Department a detailed plan that specifies how the applicant intends to address future foreseeable water
needs. If the applicant is required to have a local water supply plan, then this plan shall be an amendment
to the local water supply plan required by G.S. 143-355(l). When the transfer equals ninety percent
(90%) of the maximum amount authorized in the certificate, the applicant shall begin implementation of
the plan submitted to the Department.
(m) It is the public policy of the State to maintain, protect, and enhance water quality within North
Carolina. Further, it is the public policy of the State that the cumulative impact of transfers from a source
river basin shall not result in a violation of the antidegradation policy set out in 40 Code of Federal
Regulations ' 131.12 (l July 1997 Edition) and the statewide antidegradation policy adopted pursuant
thereto. (1993, c. 348, s. 1; 1997-443, ss. 11A.119(a), 15.48(c); 1997-524, s. 1; 1998-168, s. 4.)
D12

15A NCAC 2B .0600‐.0609 
Site Specific Water Quality Management Plan for the 
Goose Creek Watershed 

D13

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT
& NATURAL RESOURCES
Site Specific Water Quality Management Plan for the
Goose Creek Watershed
Environmental Management Commission - Raleigh, North Carolina
Last Amended: February 1, 2009 http://h2o.enr.state.nc.us/csu/GooseCreek.html

Reprint from North Carolina
Administrative Code:
15A NCAC 2B .0600-.0609
Yadkin Pee-Dee River Basin
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SECTION .0600 - WATER QUALITY MANAGEMENT PLANS

15A NCAC 02B .0601 SITE SPECIFIC WATER QUALITY MANAGEMENT PLAN FOR THE GOOSE CREEK
WATERSHED (YADKIN PEE-DEE RIVER BASIN): PURPOSE
The Goose Creek watershed in the Yadkin Pee-Dee River Basin provides habitat for an aquatic animal species that is listed as federally
endangered by the U.S. Fish and Wildlife Service under the provisions of the Endangered Species Act, 16 U.S.C. 1531-1544.
Maintenance and recovery of the water quality conditions required to sustain and recover the federally-listed endangered species
thereby protects the biological integrity of the waters. The Goose Creek watershed, which includes Goose Creek (Index # 13-17-18),
Stevens Creek (Index # 13-17-18-1), Paddle Branch (Index # 13-17-18-2), Duck Creek (Index # 13-17-18-3) and all tributaries, shall
be protected by the site-specific management strategy described in Rules .0601 through .0609 of this Section.
The purpose of the actions required by this site-specific management strategy is for the maintenance and recovery of the water quality
conditions required to sustain and recover the federally endangered Carolina heelsplitter (Lasmigona decorata) species. Management
of the streamside zones to stabilize streambanks and prevent sedimentation are critical measures to restore water quality to sustain and
enable recovery of the federally endangered Carolina heelsplitter. Site-specific management strategies shall be implemented to:
(1) control stormwater for projects disturbing one acre or more of land as described in Rule .0602,
(2) control wastewater discharges as described in Rule .0603,
(3) control toxicity to streams supporting the Carolina heelsplitter as described in Rule .0604, and
(4) maintain riparian buffers as described in Rules .0605 through .0609.

History Note: Authority G.S. 143-214.1; 143-215.3(a)(1); 143-215.8A;
Eff. January 1, 2009.

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15A NCAC 02B .0602 SITE SPECIFIC WATER QUALITY MANAGEMENT PLAN FOR THE GOOSE CREEK
WATERSHED (YADKIN PEE-DEE RIVER BASIN): STORMWATER CONTROL
REQUIREMENTS
(a) Any new development activity that disturbs one acre or more of land within the Goose Creek watershed and will result in addition
of impervious surface shall control and treat the difference in the stormwater runoff from the predevelopment and post-development
conditions for the one-year, 24-hour storm, with structural stormwater controls, with the exception of NC Department of Transportation
and NC Turnpike Authority activities that shall be regulated in accordance with provisions of that agency's NPDES Stormwater Permit.
Development and redevelopment shall implement stormwater management measures that promote infiltration of flows and groundwater
recharge for the purpose of maintaining stream base flow or the delegated local government shall maintain a written explanation when it
is not practical to use infiltration methods.
(b) Structural stormwater controls shall meet the following requirements:
(1) Remove an 85 percent average annual amount of Total Suspended Solids;
(2) Draw down the treatment volume no faster than 48 hours, but no slower than 120 hours, for detention ponds;
(3) Discharge the storage volume at a rate equal or less than the pre-development discharge rate for the one-year, 24-
hour storm; and
(4) Meet Design of Stormwater Management Measures set forth in 15A NCAC 02H .1008.
(c) Local governments may submit a written request to the Commission for authority to implement and enforce the state's stormwater
protection requirements of G.S. 143-214.7 and S.L. 2006-246 within their jurisdiction. The written request shall be accompanied by
information that shows:
(1) The local government has land use jurisdiction for the riparian buffer demonstrated by delineating the local land use
jurisdictional boundary on USGS 1:24,000 topographical map(s) or other finer scale map(s);
(2) The local government has the administrative organization, staff, legal authority, financial and other resources
necessary to implement and enforce the state's stormwater requirements based on its size and projected amount of
development;
(3) The local government has adopted ordinances, resolutions, or regulations necessary to establish and maintain the
state's stormwater requirements; and
(4) The local government has provided a plan to address violations with civil or criminal remedies and actions as well as
remedies that shall restore buffer functions on violation sites and provide a deterrent against the occurrence of future
violations.
(d) Within 90 days after the Commission has received the request for delegation, the Commission shall notify the local government
based on standards as set out in Paragraph (c) of this Rule whether it has been approved, approved with modifications, or denied.
(e) The Commission, upon determination that a delegated local authority is failing to implement or enforce the requirements in keeping
with a delegation, shall notify the delegated local authority in writing of the local program's inadequacies. If the delegated local
authority has not corrected the deficiencies within 90 days of receipt of the written notification, then the Commission shall rescind the
delegation of authority to the local government and shall implement and enforce the state's stormwater requirements.
(f) Limits of delegated local authority are as follows: The Commission shall have jurisdiction to the exclusion of local governments to
implement the state's stormwater protection requirements for the following types of activities:
(1) Activities undertaken by the State;
(2) Activities undertaken by the United States;
(3) Activities undertaken by multiple jurisdictions; and
(4) Activities undertaken by local units of government.
(g) Recordkeeping requirements are as follows: Delegated local authorities shall maintain on-site records for a minimum of five years.
Delegated local authorities must furnish a copy of these records to the Director within 30 days of receipt of a written request for the
records. The Division of Water Quality shall inspect local stormwater programs to ensure that the programs are being implemented and
enforced in keeping with an approved delegation.

History Note: Authority G.S. 143-214.1; 143-215.3(a)(1); 143-215.8A;143-214.7, S.L. 2006-246;
Eff. February 1, 2009.

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15A NCAC 02B .0603 SITE SPECIFIC WATER QUALITY MANAGEMENT PLAN FOR THE GOOSE CREEK
WATERSHED (YADKIN PEE-DEE RIVER BASIN): WASTEWATER CONTROL
REQUIREMENTS
No new National Pollution Discharge Elimination System "NPDES" wastewater discharges or expansions to existing discharges shall
be permitted.

History Note: Authority G.S. 143-214.1; 143-215.3(a)(1); 143-215.8A;
Eff. January 1, 2009.

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15A NCAC 02B .0604 SITE SPECIFIC WATER QUALITY MANAGEMENT PLAN FOR THE GOOSE CREEK
WATERSHED (YADKIN PEE-DEE RIVER BASIN): CONTROL TOXICITY INCLUDING
AMMONIA
No activity that results in direct or indirect discharge is allowed if it causes toxicity to the Carolina heelsplitter (Lasmigona decorata)
endangered mussel. For any direct or indirect discharge that may cause ammonia toxicity to the Carolina heelsplitter freshwater
mussel, action shall be taken to reduce ammonia (NH3-N) inputs to achieve 0.5 milligrams per liter or less of total ammonia based on
chronic toxicity defined in 15A NCAC 02B .0202. This level of total ammonia is based on ambient water temperature equal to or
greater than 25 degrees Celsius.

History Note: Authority G.S. 143-214.1; 143-215.3(a)(1); 143-215.8A;
Eff. February 1, 2009.

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15A NCAC 02B .0605 SITE SPECIFIC WATER QUALITY MANAGEMENT PLAN FOR THE GOOSE CREEK
WATERSHED (YADKIN PEE-DEE RIVER BASIN): RIPARIAN BUFFER WIDTHS
In this watershed, undisturbed riparian buffers are required within 200 feet of waterbodies within the 100-Year Floodplain and within
100 feet of waterbodies that are not within the 100-Year Floodplain. The 100-Year Floodplain is the one percent Annual Chance
Floodplain as delineated by the North Carolina Floodplain Mapping Program in the Division of Emergency Management. Within the
buffer areas that are regulated by this Rule, redevelopment is allowed for residential structures and redevelopment of non-residential
structures is allowed provided that less than an additional half acre is disturbed during the redevelopment activity for non-residential
structures. Redevelopment is defined in 15A NCAC 02H .1002(14). Exceptions to undisturbed forested riparian buffer requirements
are set forth in Rule .0607 of this Section. Activities shall require stormwater control as required by Rule .0602 of this Section.

History Note: Authority G.S. 143-214.1; 143-215.3(a)(1); 143-215.8A;
Eff. January 1, 2009.

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15A NCAC 02B .0606 SITE SPECIFIC WATER QUALITY MANAGEMENT PLAN FOR THE GOOSE CREEK
WATERSHED (YADKIN PEE-DEE RIVER BASIN): VARIANCE FOR ACTIVITIES WITHIN
RIPARIAN BUFFERS
Persons who wish to undertake uses designated as prohibited within the protected riparian buffer area may pursue a variance. Persons
who wish to undertake forest harvesting beyond the requirements set forth in 15A NCAC 02B .0608 may pursue a variance. The
variance request procedure shall be as follows:
(1) For any variance request, the Division of Water Quality shall make a finding of fact as to whether the following
requirements have been met:
(a) There are practical difficulties or unnecessary hardships that prevent compliance with the strict letter of the
riparian buffer protection requirements. Practical difficulties or unnecessary hardships shall be evaluated in
accordance with the following:
(i) If the applicant complies with the provisions of the buffer requirements, he/she can secure no
reasonable return from, nor make reasonable use of, his/her property. Merely proving that the
variance would permit a greater profit from the property is not adequate justification for a
variance. Moreover, the Division of Water Quality shall consider whether the variance is the
minimum possible deviation from the terms of the buffer requirements that will make reasonable
use of the property possible.
(ii) The hardship results from application of the buffer requirements to the property rather than from
other factors such as deed restrictions or other hardship.
(iii) The hardship is due to the physical nature of the applicant's property and is unique to the
applicant's property, such as its size, shape, or topography, such that compliance with provision of
this Rule would not allow reasonable use of the property.
(iv) The applicant did not cause the hardship by knowingly or unknowingly violating the buffer
requirements.
(v) The applicant did not purchase the property after the effective date of this Rule, and then request a
variance.
(b) The variance is in harmony with the general purpose and intent of the State's riparian buffer protection
requirements and preserves its spirit; and
(c) In granting the variance, the public safety and welfare have been assured, water quality has been protected,
and substantial justice has been done.
(2) A variance request pertains to any activity that is proposed to impact any portion of the riparian buffer. If the
Division of Water Quality has determined that a major variance request meets the requirements in Item (1) of this
Rule, then it shall prepare a preliminary finding and submit it to the Environmental Management Commission.
Preliminary findings on variance requests shall be reviewed by the Commission within 90 days after receipt by the
Director. Requests for appeals of determinations that the requirements of Item (1) of this Rule have not been met
shall be made to the Office of Administrative Hearings for determinations made by the Division of Water Quality or
the appropriate Board of Adjustments under G.S. 160A-388 or G.S. 153A-345 for determinations made by the
delegated local authority. The purpose of the Commission's review is to determine if it agrees that the requirements
in Item (1) of this Rule have been met. Requests for appeals of decisions made by the Commission shall be made to
the Office of Administrative Hearings. The following actions shall be taken depending on the Commission's
decision on the major variance request:
(a) Upon the Commission's approval, the Division of Water Quality shall issue a final decision granting the
variance.
(b) Upon the Commission's approval with conditions or stipulations, the Division of Water Quality shall issue a
final decision, which includes these conditions or stipulations.
(c) Upon the Commission's denial, the Division of Water Quality shall issue a final decision denying the
variance.

History Note: Authority G.S. 143-214.1; 143-215.3(a)(1); 143-215.8A;
Eff. February 1, 2009.

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15A NCAC 02B .0607 SITE SPECIFIC WATER QUALITY MANAGEMENT PLAN FOR THE GOOSE CREEK
WATERSHED (YADKIN PEE-DEE RIVER BASIN): BUFFER TYPES AND MANAGING
ACTIVITIES WITHIN RIPARIAN BUFFERS
(a) RIPARIAN BUFFER. The protected riparian buffer shall consist of an area that is undisturbed except for uses provided for in the
table in this Rule. A waterbody shall be considered to be present if the feature is shown as described in the applicability paragraph of
15A NCAC 02B .0233 (3) and 02B .0233(3)(a)(i)-(iii). The location of the riparian buffer shall be as follows:
(1) For streams, the riparian buffer shall begin at the most landward limit of the top of bank or the rooted herbaceous
vegetation and extend landward on all sides of the surface water, measured horizontally on a line perpendicular to
the surface water.
(2) For ponds, lakes and reservoirs located within a natural drainage way, the riparian buffer shall begin at the most
landward limit of the normal water level or the rooted herbaceous vegetation and extend landward, measured
horizontally on a line perpendicular to the surface water.
(b) EXEMPTION WHEN USES ARE PRESENT AND ONGOING. The buffer requirements in this Rule do not apply to portions of
the riparian buffer where a use is existing and ongoing. Only the portion of the riparian buffer that contains the footprint of the existing
and ongoing use is exempt. The determination of whether a use is existing and ongoing shall be made by the Division of Water
Quality. A use is existing and ongoing when it is a completed and maintained activity, an activity with appropriate valid permits, or an
activity with documentation for unexpired vested rights, as described below:
(1) A use that was present within the riparian buffer as of the effective date of this Rule and has continued since that
time. Existing uses shall include agriculture, buildings, industrial facilities, commercial areas, transportation
facilities, maintained lawns, utility lines and on-site sanitary sewage systems. Change of ownership through
purchase or inheritance is not a change of use. Activities necessary to maintain uses are allowed provided that the
site remains similarly vegetated, no impervious surface is added within the buffer area where it did not exist as of the
effective date of this Rule and existing diffuse flow is maintained.
(2) A use that can be documented to the Division of Water Quality that meets at least one of the following criteria:
(A) Project requires a 401 Certification/404 Permit, issued prior to the effective date of this Rule and are still
valid;
(B) Project requires a state permit, such as a landfill, NPDES wastewater discharge, land application residuals
and road construction activities, and has begun construction or is under contract to begin construction and
has received all required state permits prior to the effective date of this Rule;
(C) Project is being reviewed through the Clean Water Act Section 404/National Environmental Policy Act
Merger 01 Process or Safe Accountable Flexible Efficient Transportation Equity Act; a Legacy for Users
(published by the US Army Corps of Engineers and Federal Highway Administration, 2003) or its
immediate successor and that have reached agreement with Department of Environment and Natural
Resources on avoidance and minimization by the effective date of this Rule; or
(D) Project is not required to be reviewed by the Clean Water Act Section 404/National Environmental Policy
Act Merger 01 Process or Safe Accountable Flexible Efficient Transportation Equity Act; a Legacy for
Users (published by the US Army Corps of Engineers and Federal Highway Administration, 2003) or its
immediate successor if a Finding of No Significant Impact has been issued for the project and the project
has the written approval of the Division of Water Quality prior to the effective date of this Rule.
(3) At the time an existing use is changed to another use, the buffer requirement of this Rule shall apply. Change of use
includes the following:
(A) To add impervious surface within the riparian buffer;
(B) An agricultural operation within the riparian buffer is converted to a non-agricultural; or
(C) a lawn within the riparian buffer ceases to be maintained.
(c) DIFFUSE FLOW REQUIREMENT. Diffuse flow of runoff shall be maintained in the riparian buffer by dispersing concentrated
flow and reestablishing vegetation, as follows:
(1) Concentrated runoff from new ditches or manmade conveyances shall be converted to diffuse flow before the runoff
enters the riparian buffer; and
(2) Periodic corrective action to restore diffuse flow shall be taken if necessary to impede the formation of erosion
gullies.
(d) REQUIREMENTS FOR CATEGORIES OF USES AND MITIGATION. Uses designated as exempt, potentially allowable, and
prohibited location in the chart of uses in this Rule shall have the following requirements:
(1) EXEMPT. Uses designated as exempt are allowed within the riparian buffer. Exempt uses shall be designed,
constructed and maintained to minimize soil disturbance and to provide the maximum water quality protection
practicable. In addition, exempt uses shall meet requirements listed in the table of this Rule for the specific use.
(2) POTENTIALLY ALLOWABLE. Uses designated as potentially allowable may proceed within the riparian buffer
provided that there are no practical alternatives to the requested use pursuant to this Rule. These uses require written
authorization from the Division of Water Quality. Some of these uses require mitigation, as indicated in the chart in
this Rule.
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(3) PROHIBITED. Uses designated as prohibited or not included in this table may not proceed within the riparian
buffer unless a variance is granted pursuant to Rule .0606. Site-specific mitigation may be required as one condition
of a variance approval.
(4) MITIGATION. Persons who wish to undertake uses designated as allowable with mitigation shall obtain approval
for a mitigation proposal pursuant to 15A NCAC 02B .0609.
(e) DETERMINATION OF "NO PRACTICAL ALTERNATIVES." Persons who wish to undertake uses designated as potentially
allowable shall submit a request for a "no practical alternatives" determination to the Division of Water Quality. The applicant shall
certify that the criteria identified in Subparagraph (e)(1) of this Rule are met. The Division shall grant an Authorization Certificate
upon a "no practical alternatives" determination. The procedure for making an Authorization Certificate shall be as follows:
(1) For any request for an Authorization Certificate, the Division shall review the entire project and make a finding of
fact as to whether the following requirements have been met in support of a "no practical alternatives" determination:
(A) The basic project purpose cannot be practically accomplished in a manner that would better minimize
disturbance, preserve aquatic life and habitat, and protect water quality.
(B) The use cannot practically be reduced in size or density, reconfigured or redesigned to better minimize
disturbance, preserve aquatic life and habitat, and protect water quality.
(C) Plans for practices shall be used if necessary to minimize disturbance, preserve aquatic life and habitat,
and protect water quality.
(D) The Division of Water Quality must consider the impacts that may affect conditions required to sustain and
recover the federally endangered Carolin heelsplitter (Lasmigona decorata).
(2) Requests for an Authorization Certificate shall be either approved or denied within 60 days of receipt of a complete
submission based on the criteria in Subparagraph (e)(1) of this Rule by the Division. Failure to issue an approval or
denial within 60 days shall constitute that the applicant has demonstrated "no practical alternatives." The Division of
Water Quality may attach conditions to the Authorization Certificate that support the purpose, spirit and intent of the
riparian buffer protection program. Complete submissions shall include the following:
(A) The name, address and phone number of the applicant;
(B) The nature of the activity to be conducted by the applicant;
(C) The location of the activity, including the jurisdiction;
(D) A map of sufficient detail to accurately delineate the boundaries of the land to be utilized in carrying out
the activity, the location and dimensions of any disturbance in riparian buffers associated with the activity,
and the extent of riparian buffers on the land;
(E) An explanation of why this plan for the activity cannot be practically accomplished, reduced or
reconfigured to better minimize disturbance to the riparian buffer, preserve aquatic life and habitat and
protect water quality; and
(F) Plans for any practices proposed to be used to control the impacts associated with the activity.
(3) Any disputes over determinations regarding Authorization Certificates shall be referred to the Director for a
decision. The Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 150B.
(f) DELEGATION OF AUTHORITY FOR THE PROTECTION AND MAINTENANCE OF EXISTING RIPARIAN BUFFERS.
The Commission shall grant and rescind local government delegation of the Riparian Buffer Protection requirements according to the
following procedures:
(1) Local governments within the Goose Creek Watershed may submit a written request to the Commission for authority
to implement and enforce the State's riparian buffer protection requirements within their jurisdiction. The written
request shall be accompanied by information that shows:
(A) The local government has land use jurisdiction for the riparian buffer demonstrated by delineating the local
land use jurisdictional boundary on USGS 1:24,000 topographical map(s) or other finer scale map(s);
(B) The local government has the administrative organization, staff, legal authority, financial and other
resources necessary to implement and enforce the State's riparian buffer protection requirements based on
its size and projected amount of development;
(C) The local government has adopted ordinances, resolutions, or regulations necessary to establish and
maintain the State's riparian buffer protection requirements; and
(D) The local government has provided a plan to address violations with civil or criminal remedies and actions
as well as remedies that shall restore buffer functions on violation sites and provide a deterrent against the
occurrence of future violations.
(2) Within 90 days after the Commission has received the request for delegation, the Commission shall approve the
request if the local government has complied with all of Subparagraph (f)(1) of this Rule and notify the local
government whether it has been approved, approved with modifications, or denied.
(3) The Commission, upon determination that a delegated local authority is failing to implement or enforce the riparian
buffer protection requirements in keeping with an approved delegation, shall notify the delegated local authority in
writing of the local program's inadequacies. If the delegated local authority has not corrected the deficiencies within
90 days of receipt of the written notification, then the Commission shall rescind the delegation of authority to the
local government and shall implement and enforce the State's riparian buffer protection requirements.
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(g) APPOINTMENT OF A RIPARIAN BUFFER PROTECTION ADMINISTRATOR. Upon receiving delegation, local governments
shall appoint a Riparian Buffer Protection Administrator who shall coordinate the implementation and enforcement of the program.
The Administrator shall attend an initial training session by the Division of Water Quality and subsequent annual training sessions. The
Administrator shall ensure that local government staffs working directly with the program receive training to understand, implement
and enforce the program.
(h) PROCEDURES FOR USES WITHIN RIPARIAN BUFFERS THAT ARE ALLOWABLE AND ALLOWABLE WITH
MITIGATION.
(1) Upon receiving delegation, local authorities shall review proposed uses within the riparian buffer and issue approvals
if the uses meet the riparian buffer protection requirements.
(2) Delegated local authorities shall issue an Authorization Certificate for uses if the proposed use meets the
requirements including provisions for mitigation set forth in Rule .0609.
(3) The Division of Water Quality may challenge a decision made by a delegated local authority for a period of 30 days
after the Authorization Certificate is issued. If the Division of Water Quality does not challenge an Authorization
Certificate within 30 days of issuance, then the delegated local authority's decision shall stand.
(i) VARIANCES. After receiving delegation, local governments shall review variance requests and make recommendations to the
Commission for approval.
(j) LIMITS OF DELEGATED LOCAL AUTHORITY. The Commission has jurisdiction to the exclusion of local governments to
implement the requirements of this Rule for the following types of activities:
(1) Activities undertaken by the State;
(2) Activities undertaken by the United States;
(3) Activities undertaken by multiple jurisdictions; and
(4) Activities undertaken by local units of government.
(k) RECORD-KEEPING REQUIREMENTS. Delegated local authorities shall maintain on-site records for a minimum of five years.
Delegated local authorities must furnish a copy of these records to the Director within 30 days of receipt of a written request for the
records. The Division of the Water Quality shall inspect local riparian buffer protection programs to ensure that the programs are being
implemented and enforced. Each delegated local authority's records shall include the following:
(1) A copy of variance requests;
(2) The variance request's finding of fact;
(3) The result of the variance proceedings;
(4) A record of complaints and action taken as a result of the complaint;
(5) Records for stream origin calls and stream ratings; and
(6) Copies of request for authorization, records approving authorization and Authorization Certificates.
(l) Riparian buffers along surface waters in this watershed shall be maintained. Some uses within riparian buffers are exempt and some
uses are potentially allowable. Any exempt or potentially allowed use shall require stormwater control as outlined in Rule .0602 if the
one acre threshold is met. The following chart sets out the uses and their designation under this Rule as exempt, potentially allowable
requiring DWQ approval or potentially allowable requiring both DWQ approval and mitigation, or prohibited as described above. The
United States Environmental Protection Agency Endangered Species Protection Program at www.epa.gov/espp and NC Pesticide
Board regulates pesticide application (see rules at 02 NCAC 09L .2201 through .2203).

Exempt
Potentially allowable
requiring DWQ
approval or Potentially
allowable requiring
both DWQ approval
and mitigation*
Note: the asterisk (X*)
identifies those uses
that require both
DWQ approval and
mitigation.

Prohibited
Airport facilities that impact equal to or less than 150 linear feet
or one-third of an acre of riparian buffer
Airport facilities that impact greater than 150 linear feet or one-
third of an acre of riparian buffer

X
X*

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

X

X

X

X

Drainage of a pond in a natural drainage way provided that a
new riparian buffer that meets the diffuse flow requirements of
this Rule is established adjacent to the new channel

X
Driveway crossings of streams and other surface waters subject
to this Rule:
· Driveway crossings on single family residential lots
that disturb equal to or less than 25 linear feet in width
and are perpendicular 3
· Driveway crossings on single family residential lots
that disturb greater than 25 linear feet in width and are
perpendicular3
· In a subdivision that cumulatively disturbs equal to or
less than 150 linear feet in width and are perpendicular
· In a subdivision that cumulatively disturbs greater than
150 linear feet in width and are perpendicular

X

X

X

X*

Fences provided that disturbance is minimized and installation
does not result in removal of forest vegetation
X
Forest harvesting – see Rule .0608
Fertilizer application:
· One-time fertilizer application at agronomic rates to
establish replanted vegetation
· Ongoing fertilizer application

X

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

X

X*

X
Non-electric utility lines with impacts other than perpendicular
crossings3

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· If activity is within 50 feet of the stream
· If activity is outside of the inner 50 feet nearest the
stream
· Wastewater collection system utility lines and lift
station lines may impact the riparian zone if both
gravity and force main collections systems are made of
ductile iron and 50% of the collection system is
cleaned annually.
· Lift Stations require Supervisory Control and Data
Acquisition System (SCADA), telemetry, audio and
visual alarms, signage with emergency contact, daily
visitation (365 days/year), and documentation must be
maintained for 3 years of all of the above and available
upon request [note: this requirement also applies to
collection system perpendicular crossings, detailed
below.]
X*
X

X*

X*

Non-electric utility line perpendicular crossing of streams and
other surface waters subject to this Rule that are not collection
systems3:
· Perpendicular crossings that disturb equal to or less
than 40 linear feet of riparian buffer with a
maintenance corridor equal to or less than 10 feet in
width
· Perpendicular crossings that disturb equal to or less
than 40 linear feet of riparian buffer with a
maintenance corridor greater than 10 feet in width
· Perpendicular crossings that disturb greater than 40
linear feet but equal to or less than 150 linear feet of
riparian buffer with a maintenance corridor equal to or
less than 10 feet in width
· Perpendicular crossings that disturb greater than 40
linear feet but equal to or less than 150 linear feet of
riparian buffer with a maintenance corridor greater than
10 feet in width
· Perpendicular crossings that disturb greater than 150
linear feet of riparian buffer
Non-electric perpendicular utility line crossings that are
collections systems as defined in Rule 15A NCAC 02T .0300
(note: must follow constraints listed under wastewater collection
system utility lines and lift stations, above):
· That use any of the following installation methods to
minimize the sediment, nutrient and other pollution
through the riparian buffer: underground directional
boring methods, bore-and-jack techniques or another
appropriate microtunnelling method.
· That does not minimize the sediment, nutrient and
other pollution through the riparian buffer by the most
appropriate exempt method.

X

X

X

X*

X*

X

X

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

Overhead electric utility lines1,2,3:
· Stream crossings that disturb equal to or less than 150
linear feet of riparian buffer
· Stream crossings that disturb greater than 150 linear
feet of riparian buffer

X

X*

Periodic maintenance of modified natural streams such as canals
and a grassed travelway on one side of the surface water when
alternative forms of maintenance access are not practical.
X
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Playground equipment:
· Playground equipment on single family lots provided
that installation and use does not result in removal of
vegetation
· Playground equipment installed on lands other than
single-family lots or that requires removal of
vegetation

X

X

Ponds in natural drainage ways, excluding dry ponds:
· New ponds provided that a riparian buffer that meets
the diffuse flow requirements of this Rule is established
adjacent to the pond
· New ponds where a riparian buffer that meets the
diffuse flow requirements of this Rule is NOT
established adjacent to the pond

X

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

X

X

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

X

X

X*

Scientific studies and stream gauging X
Stormwater management ponds excluding dry ponds:
· New stormwater management ponds provided that a
riparian buffer that meets the diffuse flow requirements
of this Rule is established adjacent to the pond
· New stormwater management ponds where a riparian
buffer that meets the diffuse flow requirements of this
Rule is NOT established adjacent to the pond

X

X
Stream restoration X
Streambank stabilization X
Temporary roads:
· Temporary roads that disturb less than or equal to
2,500 square feet provided that vegetation is restored
within six months of initial disturbance
· Temporary roads that disturb greater than 2,500 square
feet provided that vegetation is restored within six
months of initial disturbance

X

X

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· Temporary roads used for bridge construction or
replacement provided that restoration activities, such as
soil stabilization and revegetation, are conducted
immediately after construction
X
Temporary sediment and erosion control devices:
· To control impacts associated with uses approved by
the Division or that have received a variance provided
that sediment and erosion control for upland areas is
addressed to the maximum extent practical outside the
buffer
· In-stream temporary erosion and sediment control
measures for work within a stream channel

X

X

Underground electric utility lines:
· Impacts other than perpendicular crossings 3,4

X

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

X

X

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

X

X
X

X

X

X

Water dependent structures as defined in 15A NCAC 02B .0202 X
Water wells X
Wetland restoration X

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

History Note: Authority G.S. 143-214.1; 143-215.8A; 143-214.7;
Eff. February 1, 2009.

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15A NCAC 02B .0608 SITE SPECIFIC WATER QUALITY MANAGEMENT PLAN FOR THE GOOSE CREEK
WATERSHED (YADKIN PEE-DEE RIVER BASIN): MANAGE ACTIVITIES WITHIN
RIPARIAN BUFFERS: FOREST HARVESTING REQUIREMENTS
(a) The following requirements shall apply for forest harvesting operations and practices in the riparian areas.
(1) Logging decks and sawmill sites shall not be placed in the riparian buffer.
(2) Access roads and skid trails are prohibited except for temporary and permanent stream crossings established in
accordance with 15A NCAC 01I .0203. Temporary stream crossings shall be permanently stabilized after any site
disturbing activity is completed.
(3) Timber felling shall be directed away from the stream or water body.
(4) Skidding shall be directed away from the stream or water body and shall be done in a manner that minimizes soil
disturbance and prevents the creation of channels or ruts.
(5) Individual trees may be treated to maintain or improve their health, form or vigor.
(6) Harvesting of dead or infected trees or application of pesticides necessary to prevent or control extensive tree pest
and disease infestation is allowed, when approved by the Division of Forest Resources for a specific site in
accordance with G.S. 113-60.4. A copy of the Division of Forest Resources approval must be provided to the
Division of Water Quality in accordance with Session Law 2001-404.
(7) Removal of individual trees that are in danger of causing damage to structures or human life is allowed.
(8) Natural regeneration of forest vegetation and planting of trees, shrubs, or ground cover plants to enhance the riparian
buffer is allowed provided that soil disturbance is minimized. Plantings shall consist primarily of native species.
(9) High intensity prescribed burns shall not be allowed.
(10) Application of fertilizer is not allowed except as necessary for permanent stabilization. Broadcast application of
fertilizer or herbicides to the adjacent forest stand shall be conducted so that the chemicals are not applied directly to
or allowed to drift into the riparian buffer.
(b) In the riparian buffer, forest vegetation shall be protected and maintained. Selective harvest as provided for below is allowed on
forest lands that have a deferment for use value under forestry in accordance with G.S. 105-277.2 through G.S. 277.6 or on forest lands
that have a forest management plan prepared or approved by a registered professional forester. Copies of either the approval of the
deferment for use value under forestry or the forest management plan shall be produced upon request. For such forest lands, selective
harvest is allowed in accordance with the following:
(1) Tracked or wheeled vehicles are not permitted within the first 50 feet the riparian buffer top of bank landward except
at stream crossings designed, constructed and maintained in accordance with 15A NCAC 01I .0203.
(2) Soil disturbing site preparation activities are not allowed.
(3) Trees shall be removed with the minimum disturbance to the soil and residual vegetation.
(4) The first 10 feet of the riparian buffer directly adjacent to the stream or waterbody shall be undisturbed.
(5) In the zone from 10 feet to 50 feet of the riparian buffer, a maximum of 50 percent of the trees greater than five
inches diameter breast height (dbh) may be cut and removed. The reentry time for harvest shall be no more frequent
than every 15 years, except on forest plantations as defined in 15A NCAC 02B .0233(e) where the reentry time shall
be no more frequent than every five years. In either case, the trees remaining after harvest shall be as evenly spaced
as possible.
(6) In the outer riparian buffer (landward of 50 feet), harvesting and regeneration of the forest stand is allowed provided
that sufficient ground cover is maintained to provide for diffusion and infiltration of surface runoff.

History Note: Authority G.S. 143-214.1; 143-215.3(a)(1); 143-215.8A;
Eff. February 1, 2009.

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15A NCAC 02B .0609 SITE SPECIFIC WATER QUALITY MANAGEMENT PLAN FOR THE GOOSE CREEK
WATERSHED (YADKIN PEE-DEE RIVER BASIN): MANAGE ACTIVITIES WITHIN
RIPARIAN BUFFERS: MITIGATION REQUIREMENTS FOR BUFFER IMPACTS
(a) PURPOSE. The purpose of this Rule is to set forth the mitigation requirements that apply to the Goose Creek Watershed existing
riparian buffer protection program, as described in 15A NCAC 02B .0605, .0606, and .0607.
(b) APPLICABILITY. This Rule applies to persons who wish to impact a riparian buffer in the Goose Creek Watershed when one of
the following applies:
(1) A person has received an Authorization Certificate pursuant to 15A NCAC 02B .0607 for a proposed use that is
designated as potentially allowable requiring both DWQ approval and mitigation.
(2) A person has received a variance pursuant to 15A NCAC 02B .0606 and is required to perform mitigation as a
condition of a variance approval.
(c) THE AREA OF MITIGATION. The required area of mitigation shall be determined by either the Division of Water Quality or the
delegated local authority according to the following:
(1) The impacts in square feet to the riparian buffer shall be determined by the Division of Water Quality or the
delegated local authority by adding the following:
(A) The area of the footprint of the use causing the impact to the riparian buffer.
(B) The area of the boundary of any clearing and grading activities within the riparian buffer necessary to
accommodate the use.
(C) The area of any ongoing maintenance corridors within the riparian buffer associated with the use.
(2) The required area of mitigation shall be determined by applying the following multipliers to the impacts determined
in Subparagraph (c)(1) of this Rule to each zone of the riparian buffer:
(A) Impacts to the riparian buffer shall be multiplied by three.
(B) Impacts to wetlands within the riparian buffer that are subject to mitigation under 15A NCAC 02H .0506
shall comply with the mitigation ratios in 15A NCAC 02H .0506.
(d) THE LOCATION OF MITIGATION. The mitigation effort shall be within the Goose Creek Watershed, as close to the location of
the impact as feasible.
(e) ISSUANCE OF THE MITIGATION DETERMINATION. The Division of Water Quality or the delegated local authority shall
issue a mitigation determination that specifies the required area and location of mitigation pursuant to Paragraph (c) of this Rule.
(f) OPTIONS FOR MEETING THE MITIGATION DETERMINATION. The mitigation determination made pursuant to Paragraph
(e) of this Rule may be met through one of the following options:
(1) Payment of a compensatory mitigation fee to the Riparian Buffer Restoration Fund pursuant to Paragraph (g) of this
Rule.
(2) Donation of real property or of an interest in real property pursuant to Paragraph (h) of this Rule.
(3) Restoration or enhancement of a non-forested riparian buffer. This shall be accomplished by the applicant after
submittal and approval of a restoration plan pursuant to Paragraph (i) of this Rule.
(g) PAYMENT TO THE RIPARIAN BUFFER RESTORATION FUND. Persons who choose to satisfy their mitigation
determination by paying a compensatory mitigation fee to the Riparian Buffer Restoration Fund shall meet the following requirements:
(1) SCHEDULE OF FEES: The amount of payment into the Fund shall be determined by multiplying the acres or
square feet of mitigation determination made pursuant to Paragraph (e) of this Rule by ninety-six cents ($.96) per
square foot or forty-one thousand, six hundred and twenty-five dollars ($41,625) per acre.
(2) The required fee shall be submitted to the [North Carolina Ecosystem Enhancement Program, 1652 Mail Service
Center, Raleigh, NC 27699-1652] prior to any activity that results in the removal or degradation of the protected
riparian buffer for which a "no practical alternatives" determination has been made.
(3) The payment of a compensatory mitigation fee may be fully or partially satisfied by donation of real property
interests pursuant to Paragraph (h) of this Rule.
(4) The Division of Water Quality shall review the fee outlined in Subparagraph (g)(1) of this Rule every two years and
compare it to the actual cost of restoration activities conducted by the Department, including site identification,
planning, implementation, monitoring and maintenance costs. Based upon this biennial review, the Division of
Water Quality shall recommend revisions to Subparagraph (g)(1) of this Rule when adjustments to this Schedule of
Fees are deemed necessary.
(h) DONATION OF PROPERTY. Persons who choose to satisfy their mitigation determination by donating real property or an
interest in real property shall meet the following requirements:
(1) The donation of real property interests may be used to either partially or fully satisfy the payment of a compensatory
mitigation fee to the Riparian Buffer Restoration Fund pursuant to Paragraph (g) of this Rule. The value of the
property interest shall be determined by an appraisal performed in accordance with Part (h)(4)(D) of this Rule. The
donation shall satisfy the mitigation determination if the appraised value of the donated property interest is equal to
or greater than the required fee. If the appraised value of the donated property interest is less than the required fee
calculated pursuant to Subparagraph (g)(1) of this Rule, the applicant shall pay the remaining balance due.
(2) The donation of conservation easements to satisfy compensatory mitigation requirements shall be accepted only if
the conservation easement is granted in perpetuity.
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(3) Donation of real property interests to satisfy the mitigation determination shall be accepted only if such property
meets all of the following requirements:
(A) The property shall be located within an area that is identified as a priority for restoration in the Basinwide
Wetlands and Riparian Restoration Plan developed by the Department pursuant to G.S. 143-214.10 or shall
be located at a site that is otherwise consistent with the goals outlined in the Basinwide Wetlands and
Riparian Restoration Plan;
(B) The property shall contain riparian areas for restoration, defined in 15A NCAC 02B .0243, not currently
protected by the State's riparian buffer protection program that merit restoration;
(C) The size of the restorable riparian buffer on the property to be donated shall equal or exceed the acreage of
riparian buffer required to be mitigated under the mitigation responsibility determined pursuant to
Paragraph (c) of this Rule;
(D) The property shall not require excessive measures for successful restoration, such as removal of structures
or infrastructure. Restoration of the property shall be capable of fully offsetting the adverse impacts of the
requested use;
(E) The property shall be suitable to be successfully restored, based on existing hydrology, soils, and
vegetation;
(F) The estimated cost of restoring and maintaining the property shall not exceed the value of the property
minus site identification and land acquisition costs;
(G) The property shall not contain any building, structure, object, site, or district that is listed in the National
Register of Historic Places established pursuant to Public Law 89-665, 16 U.S.C. 470 as amended;
(H) The property shall not contain any hazardous substance or solid waste;
(I) The property shall not contain structures or materials that present health or safety problems to the general
public. If wells, septic, water or sewer connections exist, they shall be filled, remediated or closed at
owner's expense in accordance with state and local health and safety regulations;
(J) The property and adjacent properties shall not have prior, current, and known future land use that would
inhibit the function of the restoration effort;
(K) The property shall not have any encumbrances or conditions on the transfer of the property interests.
(4) At the expense of the applicant or donor, the following information shall be submitted to the Division of Water
Quality with any proposal for donations or dedications of interest in real property:
(A) Documentation that the property meets the requirements laid out in Subparagraph (h)(3) of this Rule.
(B) US Geological Survey 1:24,000 (7.5 minute) scale topographic map, county tax map, USDA Natural
Resource Conservation Service County Soil Survey Map, and county road map showing the location of the
property to be donated along with information on existing site conditions, vegetation types, presence of
existing structures and easements.
(C) A current property survey performed in accordance with the procedures of the North Carolina Department
of Administration, State Property Office as identified by the State Board of Registration for Professional
Engineers and Land Surveyors in "Standards of Practice for Land Surveying in North Carolina." Copies
may be obtained from the North Carolina State Board of Registration for Professional Engineers and Land
Surveyors, 3620 Six Forks Road, Suite 300, Raleigh, North Carolina 27609.
(D) A current appraisal of the value of the property performed in accordance with the procedures of the North
Carolina Department of Administration, State Property Office as identified by the Appraisal Board in the
"Uniform Standards of Professional North Carolina Appraisal Practice." Copies may be obtained from the
Appraisal Foundation, Publications Department, P.O. Box 96734, Washington, D.C. 20090-6734.
(E) A title certificate.
(i) RIPARIAN BUFFER RESTORATION OR ENHANCEMENT. Persons who choose to meet their mitigation requirement through
riparian buffer restoration or enhancement shall meet the following requirements:
(1) The applicant may restore or enhance riparian buffer defined in 15A NCAC 02B .0243 if either of the following
applies:
(A) The area of riparian buffer restoration is equal to the required area of mitigation determined pursuant to
Paragraph (c) of this Rule; or
(B) The area of riparian buffer enhancement is three times larger than the required area of mitigation
determined pursuant to Paragraph (c) of this Rule.
(2) The location of the riparian buffer restoration or enhancement shall comply with the requirements in Paragraph (d)
of this Rule.
(3) The riparian buffer restoration or enhancement site shall have a minimum width of 50 feet as measured horizontally
on a line perpendicular to the surface water and may include the following:
(A) Restoration/enhancement of existing riparian areas.
(B) Restoration/enhancement and respective preservation of streamside areas when the stream is not depicted
on USGS map or Soil Survey.
(C) Preservation of streamside areas when the stream is not depicted on USGS map or Soil Survey.
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(D) Restoration/enhancement and respective preservation of streamside areas along first order ephemeral
streams that discharge/outlet into intermittent or perennial streams.
(E) Preservation of the streamside area along first order ephemeral streams that discharge/outlet intermittent or
perennial stream.
(4) Other individual/innovative mitigation projects may be approved by the Division of Water Quality that meet the
purpose of this Rule.
(5) The applicant shall first receive an Authorization Certificate for the proposed use according to the requirements of
15A NCAC 02B .0607. After receiving this determination, the applicant shall submit a restoration or enhancement
plan for approval by the Division of Water Quality. The Division of Water Quality shall approve plans that meet the
requirements of this Rule. The restoration or enhancement plan shall contain the following.
(A) A map of the proposed restoration or enhancement site.
(B) A vegetation plan. The vegetation plan shall include a minimum of two native hardwood tree species
planted at a density sufficient to provide 320 trees per acre at maturity.
(C) A grading plan. The site shall be graded in a manner to ensure diffuse flow through the riparian buffer.
(D) A fertilization plan.
(E) A schedule for implementation.
(6) Within one year after the Division of Water Quality has approved the restoration or enhancement plan, the applicant
shall present proof to the Division of Water Quality that the riparian buffer has been restored or enhanced. If proof
is not presented within this timeframe, then the person shall be in violation of the State's or the delegated local
authority's riparian buffer protection program.
(7) The mitigation area shall be placed under a perpetual conservation easement that will provide for protection of the
property's nutrient removal functions.
(8) The applicant shall submit annual reports for a period of five years after the restoration or enhancement showing that
the trees planted have survived and that diffuse flow through the riparian buffer has been maintained. The applicant
shall replace trees that do not survive and restore diffuse flow if needed during that five-year period.

History Note: Authority G.S. 143-214.1; 143-215.3(a)(1); 143-215.8A;
Eff. February 1, 2009.

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