Attachment A - 15A NCAC 02B .0309 Draft

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15A NCAC 02B .0309 is proposed for amendment as follows: 1
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15A NCAC 02B .0309 YADKIN-PEE DEE RIVER BASIN 3
(a) Classifications assigned to the waters within the Yadkin-Pee Dee River Basin are set forth in the Yadkin River 4
Basin Classification Schedule, which may be inspected at the following places: 5
(1) the Internet at https://deq.nc.gov/about/divisions/water-resources/water-planning/classification-6
standards/river-basin-classification; and 7
(2) the following offices of the North Carolina Department of Environmental Quality: 8
(A) Mooresville Regional Office 9
610 East Center Avenue, Suite 301 10
Mooresville, North Carolina; 11
(B) Winston-Salem Regional Office 12
450 West Hanes Mill Road 13
Winston-Salem, North Carolina; 14
(C) Fayetteville Regional Office 15
225 Green Street 16
Systel Building Suite 714 17
Fayetteville, North Carolina; 18
(D) Asheville Regional Office 19
2090 US Highway 70 20
Swannanoa, North Carolina; and 21
(E) Division of Water Resources 22
Central Office 23
512 North Salisbury Street 24
Raleigh, North Carolina. 25
(b) Unnamed streams entering Virginia are classified "C," and such streams entering South Carolina are classified 26
"C". 27
(c) The Yadkin-Pee Dee River Basin Classification Schedule was amended effective: 28
(1) February 12, 1979; 29
(2) March 1, 1983; 30
(3) August 1, 1985; 31
(4) February 1, 1986; 32
(5) October 1, 1988; 33
(6) March 1, 1989; 34
(7) January 1, 1990; 35
(8) August 1, 1990; 36
(9) January 1, 1992; 37
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(10) April 1, 1992; 1
(11) August 3, 1992; 2
(12) December 1, 1992; 3
(13) April 1, 1993; 4
(14) September 1, 1994; 5
(15) August 1, 1995; 6
(16) August 1, 1998; 7
(17) April 1, 1999; 8
(18) July 1, 2006; 9
(19) September 1, 2006; 10
(20) November 1, 2007.2007; and 11
(21) March 1, 2025. 12
(d) The Yadkin-Pee Dee River Basin Classification Schedule was amended effective October 1, 1988 as follows: 13
(1) Mitchell River [Index No. 12-62-(1)] from source to mouth of Christian Creek (North Fork 14
Mitchell River) including all tributaries has been reclassified from Class B Tr to Class B Tr ORW. 15
(2) Mitchell River [Index No. 12-62-(7)] from mouth of Christian Creek (North Fork Mitchell River) 16
to Surry County SR 1315 including all tributaries has been classified from Class C Tr to C Tr 17
ORW, except Christian Creek and Robertson Creek which will be reclassified from Class B Tr to 18
Class B Tr ORW. 19
(3) Mitchell River [Index No. 12-62-(12)] from Surry County SR 1315 to mouth of South Fork 20
Mitchell River including all tributaries from Class C to Class C ORW. 21
(e) The Yadkin-Pee Dee River Basin Classification Schedule was amended effective March 1, 1989 as follows: Elk 22
Creek [Index Nos. 12-24-(1) and 12-24-(10)] and all tributary waters were reclassified from Class B-trout, Class 23
C-trout and Class B to Class B-trout ORW, Class C-trout ORW and Class B ORW. 24
(f) The Yadkin-Pee Dee River Basin Classification Schedule was amended effective January 1, 1990 as follows: 25
Barnes Creek (Index No. 13-2-18) was reclassified from Class C to Class C ORW. 26
(g) The Yadkin-Pee Dee River Basin Classification Schedule was amended effective January 1, 1992 as follows: 27
(1) Little River [Index Nos. 13-25-(10) and 13-25-(19)] from Suggs Creek to Densons Creek has been 28
reclassified from Classes WS-III and C to Classes WS-III HQW and C HQW. 29
(2) Densons Creek [Index No. 13-25-20-(1)] from its source to Troy's Water Supply Intake including 30
all tributaries has been reclassified from Class WS-III to Class WS-III HQW. 31
(3) Bridgers Creek (Index No. 13-25-24) from its source to the Little River has been reclassified from 32
Class C to Class C HQW. 33
(h) The Yadkin-Pee Dee River Basin Classification Schedule was amended effective April 1, 1992 with the 34
reclassification of the North Prong South Fork Mitchell River from Class C to Class C Trout. 35
(i) The Yadkin-Pee Dee River Basin Classification Schedule was amended effective August 3, 1992 with the 36
reclassification of all water supply waters (waters with a primary classification of WS-I, WS-II or WS-III). These 37
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waters were reclassified to WS-I, WS-II, WS-III, WS-IV or WS-V as defined in the revised water supply protection 1
rules (15A NCAC 02B .0100, .0200 and .0300), which became effective on August 3, 1992. In some cases, streams 2
with primary classifications other than WS were reclassified to a WS classification due to their proximity and 3
linkage to water supply waters. In other cases, waters were reclassified from a WS classification to an alternate 4
appropriate primary classification after being identified as downstream of a water supply intake or identified as not 5
being used for water supply purposes. 6
(j) The Yadkin-Pee Dee River Basin Classification Schedule was amended effective December 1, 1992 as follows: 7
(1) Pike Creek (Index No. 12-46-1-2) was reclassified from Class C Tr to Class C Tr HQW; 8
(2) Basin Creek (Index No. 12-46-2-2) was reclassified from Class C Tr to Class C Tr ORW; 9
(3) Bullhead Creek (Index No. 12-46-4-2) was reclassified from Class C Tr to Class C Tr ORW; 10
(4) Rich Mountain Creek (Index No. 12-46-4-2-2) was reclassified from Class Tr to Class C Tr ORW; 11
and 12
(5) Widows Creek (Index No. 12-46-4-4) was reclassified from Class C Tr HQW to Class C Tr ORW. 13
(k) The Yadkin-Pee Dee River Basin Classification Schedule was amended effective September 1, 1994 as follows: 14
(1) Lanes Creek [Index Nos. 13-17-40-(1) and 13-17-40-(10.5)] from its source to the Marshville 15
water supply dam including tributaries was reclassified from Classes WS-II and WS-II CA to 16
Class WS-V. 17
(2) The South Yadkin River [Index Nos. 12-108-(9.7) and 12-108-(15.5)] from Iredell County SR 18
1892 to a point 0.7 mile upstream of the mouth of Hunting Creek including associated tributaries 19
was reclassified from Classes WS-V, C and WS-IV to Classes WS-V, WS-IV, C and WS-IV CA. 20
(3) The Yadkin River [Index Nos. 12-(53) and 12-(71)] from a point 0.3 mile upstream of the mouth 21
of Elkin Creek (River) to the Town of King water supply intake including associated tributaries 22
was reclassified from Classes C and WS-IV to Classes WS-IV and WS-IV CA. 23
(4) The Yadkin River [Index Nos. 12-(80.5), 12-(81.5) and 12-(84.5)] from the Town of King water 24
supply intake to the Davie County water supply intake reclassified from Classes C, B, WS-IV and 25
WS-V to Classes WS-IV, WS-IV B and WS-IV CA. 26
(l) The Yadkin-Pee Dee River Basin Classification Schedule was amended effective August 1, 1995 as follows: 27
Bear Creek [Index Nos. 12-108-18-(3), 12-108-18-(3.3)], Little Bear Creek (Index No. 12-108-18-2), and Blue 28
Branch (Index No. 12-108-18-2-1) were reclassified from WS-II and WS-II CA (Critical Area) to C and WS-IV. 29
(m) The Yadkin-Pee Dee River Basin Classification Schedule was amended effective August 1, 1998 with the 30
revision to the primary classification for portions of the Yadkin River [Index No. 12-(45)] from Class WS-IV to 31
WS-V, Yadkin River [Index No. 12-(67.5)] from Class WS-IV to Class C, Yadkin River [Index Nos. 12-(93.5) and 32
12-(98.5)] from Class WS-IV to Class WS-V, South Yadkin River [Index No. 12-108-(12.5)] from Class WS-IV to 33
Class WS-V, and South Yadkin River [Index Nos. 12-108-(19.5) and 12-108-(22)] from Class WS-IV to Class C. 34
(n) The Yadkin-Pee Dee River Basin Classification Schedule was amended effective April 1, 1999 with the 35
reclassification of a portion of the Yadkin River [Index No. 12-(80.5)] from WS-IV CA to WS-IV. A portion of the 36
Yadkin River 0.5 mile upstream of Bashavia Creek was reclassified from WS-IV to WS-IV CA. Bashavia Creek 37
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[Index Nos. 12-81-(0.5) and 12-81-(2)] was reclassified from WS-IV and WS-IV CA to Class C. Tributaries to 1
Bashavia Creek were also reclassified to Class C. Portions of the Yadkin River [Index Nos. 12-(25.5) and 12-(27)] 2
were reclassified from WS-IV to Class C and from WS-IV & B to Class B. Tributaries were reclassed from Class 3
WS-IV to Class C. Supplemental classifications were not changed. 4
(o) The Yadkin-Pee Dee River Basin Classification Schedule was amended effective July 1, 2006 with the 5
reclassification of a portion of the Uwharrie River. More specifically, Index No. 13-2-(25), Index No. 13-2-(17.5), 6
and a portion of Index No. 13-2-(1.5) was reclassified from Class WS-IV CA, WS-IV, and C, to Class WS-IV B 7
CA, WS-IV B, and B, respectively. 8
(p) The Yadkin-Pee Dee River Basin Classification Schedule was amended effective September 1, 2006 with the 9
reclassification of a segment of the Yadkin River [portion of Index No. 12-(53)] from a point 0.3 mile upstream of 10
the Town of Elkin proposed water supply intake to the Town of Elkin proposed water supply intake from C to WS-11
IV CA. The Town of Elkin proposed water supply intake is to be placed on the Yadkin River at a point directly 12
above the mouth of Elkin Creek. 13
(q) The Yadkin-Pee Dee River Basin Classification Schedule was amended effective November 1, 2007 with the 14
reclassifications as listed below, and the North Carolina Division of Water Resources maintains a Geographic 15
Information Systems data layer of these UWLs. 16
(1) Black Ankle Bog near Suggs Creek [Index No. 13-25-12] was reclassified to Class WL UWL. 17
(2) Pilot Mountain Floodplain Pool near Horne Creek [Index No. 12-75] was reclassified to Class WL 18
UWL. 19
(r) The Yadkin-Pee Dee River Basin Classification Schedule was amended effective March 1, 2025, using 20
Paragraphs (20)(c) and (48)(c) of Rule .0202 of this Section, which defined the critical and protected areas a 21
different distance from the intake as adopted by the Commission during the reclassification process as follows: 22
(1) a portion of the Yadkin River Index No. 12-(108.5) from the mouth of the South Yadkin River to a 23
point 0.02 miles downstream of its confluence with Deals Creek, a portion of Deals Creek Index 24
No. 12-109 from a point 0.7 miles upstream of the mouth of the Yadkin River to the Yadkin River, 25
and a portion of the South Yadkin River Index No. 12-108-(19.5) from a point 0.2 miles upstream 26
of the mouth of the Yadkin River to the Yadkin River, and all associated watersheds were 27
reclassified from Class C to Class WS-IV CA; 28
(2) a portion of the Yadkin River Index No. 12-(107.5) from a point 0.7 miles upstream of the mouth 29
of the South Yadkin River to a point 0.2 miles upstream of the mouth of the South Yadkin River, a 30
portion of Deals Creek Index No. 12-109 from its source to a point 0.7 miles upstream of the 31
mouth of the Yadkin River, a portion of Second Creek Index No. 12-108-21 from Highway 70 to 32
the mouth of the South Yadkin River, a portion of Fourth Creek Index No. 12-108-20 from NC 33
801 to the mouth of the South Yadkin River, a portion of South Yadkin River Index No. 12-108-34
(19.5) from NC 801 to a point 0.2 miles upstream of its confluence with the Yadkin River, and all 35
associated watersheds were reclassified from Class C to Class WS-IV; and 36
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(3) a portion of the Yadkin River Index No. 12-101.5 from a point 1.0 mile upstream of the mouth of 1
Dutchman Creek to Dutchman Creek and its watershed was reclassified from Class WS-IV to 2
Class WS-V. 3
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History Note: Authority G.S. 143-214.1; 143-215.1; 143-215.3(a)(1); 5
Eff. February 1, 1976; 6
Amended Eff. November 1, 2007; September 1, 2006; July 1, 2006; April 1, 1999; August 1, 1998; 7
August 1, 1995; September 1, 1994; April 1, 1993; December 1, 1992; 8
Readopted Eff. November 1, 2019.2019; 9
Amended Eff. March 1, 2025. 10