Presentation - May 2024 - Yadkin and South Yadkin Rivers Reclassification

Elizabeth LiebigClassifications and Standards BranchDivision of Water Resources
Action Item: Request Approval to Proceed with Proposed Reclassification of Portions of the Yadkin River, South Yadkin River, and Associated Tributaries to Class WS-IV Critical Area (CA) and Class WS-IV Protected Area (PA)(Yadkin Pee-Dee River Basin)
May 8, 2024
Reclassification Process
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Federal and State Requirements for Reclassifications
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•Clean Water Act (CWA)1: water quality standards “shall be established taking into consideration their use and value for public water supplies, propagation of fish and
wildlife, recreational purposes, and agricultural,industrial, and other purposes, and… navigation.”
•When revising classifications, states must provide a "Use Attainability Analysis" or a "Use and Value Demonstration" justifying the state's action2.
•When reclassifying waterbodies, the Division shall collect water quality data within the watershed3
•This is done through a "Use Attainability Analysis" or "Use and Value Demonstration"
•After studies are completed, the EMC shall decide whether to proceed through rulemaking
1. CWA Section 303(c)(2)(A)
2. 40 CFR 131.10(a)
3. 15A NCAC 02B .0101(3)
State Requirements for Water Supply Reclassifications
•Requests for reclassification of non-water supply segments and watersheds to a water supply classification shall include1:
•Resolutions from all local governments having land use jurisdiction within the proposed water supply watershed
•Topographic map (such as a 1:24,000 scale USGS map) indicating:
•Normal pool elevation for backwaters of water supply reservoirs,
•Longitude and latitude coordinates of intended water supply intakes,
•Critical areas, and
•Other watershed boundaries
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1. 15A NCAC 02B .0104 (b)
Salisbury-Rowan Utilities’ Project
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Rule Definitions for Critical and Protected Areas
This reclassification is being recommended under 15A NCAC 02B .0202 items (20)(c) and (48)(c).
15A NCAC 02B .0202 (20) "Critical area" means the area adjacent to a water supply intake or reservoir where risk associated with pollution is greater than risk associated with pollution from the remaining portions of the watershed. The boundary of a critical area is defined as:
•(c) extending a different distance from the reservoir or intake as adopted by the Commission during the reclassification process pursuant to Rule .0104 of this Subchapter.
15A NCAC 02B .0202 (48) "Protected area" means the area adjoining and upstream of the critical area in a WS-IV water supply in which protection measures are required. The boundary of a protected area is defined as:
•(c) extending a different distance from the reservoir or intake as adopted by the Commission during the reclassification process pursuant to Rule .0104 of this Subchapter.
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Considerations for this Reclassification
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•The Yadkin and South Yadkin Rivers make up 89.3% of the flow coming into High Rock Lake Reservoir1
•Based on water quality data collected by Normandeau2 during the last FERC relicensing application, the "riverine" effect of the mainstream Yadkin River on water quality conditions were observed for at least six miles along the mainstem in the upper portion of High Rock Lake.
•DWR recommends the proposed CA and PA boundaries from the intake and extending up the Yadkin and S. Yadkin watersheds to prevent pollutants from entering the intake from upstream
1. High Rock Lake Watershed Model (Tetra Tech, 2012)
2. APGI. 2006. Yadkin Hydroelectric Project FERC No. 2197, Application for License, Volume IV(A)
Proposed Critical and Protected Areas
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“Use and Value” Demonstration
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Waterbody Reclassifications in the Proposed Rule Language
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Waterbody Area Description Current Surface Water
Classification
Proposed Surface Water
Classification
Yadkin River (including upper
portion of High Rock Lake
below normal operating level)
From the mouth of the South Yadkin River to a point 125 ft downstream of Deals Creek
confluence WS-V WS-IV CA
From a point 0.7 mi upstream of the mouth of the South Yadkin River to a point 0.2 mi
upstream of the mouth of the South Yadkin River
WS-IV CA WS-IV
From a point 1.0 mi upstream of the mouth of Dutchman Creek to Dutchman Creek WS-IV WS-V
Deals Creek From its source to a point 0.7 mi upstream of the mouth of the Yadkin River C WS-IV
From a point 0.7 mi upstream of the mouth of the Yadkin River to the Yadkin River C WS-IV CA
Portion of Second Creek From Highway 70 crossing to the mouth of the South Yadkin River C WS-IV
Portion of Beaverdam Creek From NC 801 crossing to the mouth of Second Creek C WS-IV
Portion of Walnut Branch From Highway 70 crossing to the mouth of Second Creek C WS-IV
Portion of Setman Branch From Highway 70 crossing to the mouth of Walnut Branch C WS-IV
Portion of Fourth Creek From NC 801 crossing to the mouth of the South Yadkin River C WS-IV
Portion of South Yadkin River From NC 801 crossing to a point 0.2 mi upstream of the Yadkin River confluence C WS-IV
From a point 0.2 mi upstream of the mouth of the Yadkin River to the Yadkin River C WS-IV CA
Portion of Peeler Creek From Davie County SR 1802 to NC 801 crossing WS-IV WS-V
Portion of Cody Creek From a point 0.3 mile upstream of NC 801 to NC 801 crossing WS-IV WS-V
Portion of Dutchman Creek From a point 0.9 mile upstream of the confluence with the Yadkin River to the Yadkin River WS-IV WS-V
Portion of Humpy Creek From a point 0.3 mile upstream of the mouth of Dutchman Creek to Dutchman Creek WS-IV WS-V
Draft RIA Findings
•Necessity for Rule Change
•Under 15A NCAC 18C .0202, “any surface water which is to receive treatment for removal of dissolved matter or suspended matter in order to be used for a public water system shall be obtained from a source that meets the WS-I, WS-II, WS-III, WS-IV or WS-V stream classification standards established by the Environmental Management Commission codified in 15A NCAC 02B.”
•In order to use the Yadkin River,South Yadkin River, and associated tributaries to supply public drinking water,reclassification is a necessary step.
•Summary
•Estimated cost to local governments = $7,050
•Estimated cost to state government = $2,000
•No substantial economic impact as defined in G.S. 150B-21.4
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Projected Timeline
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Complete UVD Study & Report
Oct 2023 – Mar 2024
Develop Rule Package
Feb – Apr 2024
Deadline for Salisbury Info
Apr 2024
WQC Approval to Proceed to EMC
May 2024
EMC Approval to Notice
July 2024
File NC Register
Publication
July 2024
Public Comment
Period Begins
mid-August 2024
Public Hearing1
October 2024
Public Comment Period Ends2
mid-Oct 2024
EMC Adoption
Jan 2025
RRC Approval
Feb 2025
NC AGO Sign Off
March 2025
EPA Review
June 2025
2 Per NC Administrative Procedures Act:
at least 60-days from public notice
1 Per federal Clean Water Act:
at least 45-days from public notice
Action Item Request
The Division of Water Resources requests approval to
proceed to the EMC with request for public notice and hearing for the proposed amendments to 15A NCAC 02B
.0309 as shown in Attachment A.
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Questions?
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Elizabeth Liebig
Classifications Coordinator
[e-mail]
Phone: [phone]
Paul Wojoski
Branch Supervisor
[e-mail]
Phone: [phone]