Jordan Nutrient Rules Approved by The RRC On November 20

Jordan Nutrient Rules
Approved by the RRC on November 20, 2008
TABLE OF CONTENTS
15A NCAC 02B .0262 - PURPOSE AND SCOPE ..................................................................1
15A NCAC 02B .0263 - DEFINITIONS ..............................................................................9
15A NCAC 02B .0264 - AGRICULTURE .........................................................................13
15A NCAC 02B .0265 - STORMWATER MANAGEMENT FOR NEW DEVELOPMENT .......... 23
15A NCAC 02B .0266 - STORMWATER MANAGEMENT FOR EXISTING DEVELOPMENT .29
15A NCAC 02B .0267 - PROTECTION OF EXISTING RIPARIAN BUFFERS .......................37
15A NCAC 02B .0268 - MITIGATION FOR RIPARIAN BUFFERS ......................................71
15A NCAC 02B .0269 - RIPARIAN BUFFER MITIGATION FEES TO THE NC ECOSYSTEM
ENHANCEMENT PROGRAM .....................................................77
15A NCAC 02B .0270 - WASTEWATER DISCHARGE REQUIREMENTS............................79
15A NCAC 02B .0271 - STORMWATER REQUIREMENTS FOR STATE AND FEDERAL
ENTITIES ..............................................................................89
15A NCAC 02B .0272 - FERTILIZER MANAGEMENT .................................................. 101
15A NCAC 02B .0273 - OPTIONS FOR OFFSETTING NUTRIENT LOADS ...................... 107
15A NCAC 02B .0311 - CAPE FEAR RIVER BASIN .......................................................111

1 15A NCAC 02B .0262 is adopted with changes as published in 21:24 NCR 2258-2262 as follows:
2
3 15A NCAC 02B .0262 JORDAN WATER SUPPLY NUTRIENT STRATEGY: WATERSHED
4 NUTRIENT REDUCTION GOALS PURPOSE AND SCOPE
5 PURPOSE. The purpose of B. Everett Jordan Reservoir and all lands and waters within its watershed, hereafter
6 referred to as Jordan watershed, have been supplementally classified as Nutrient Sensitive Waters (NSW) pursuant
7 to 15A NCAC 2B .0223. The following requirements this rule, rules 15A NCAC 2B .0263 through .0273 and
8 .0311(p) shall beare intended to restore and maintain nutrient-related water quality standards in the B. Everett
9 Jordan Reservoir; protect its classified uses, uses as set out in Rule 15A NCAC 2B .0216, including use as a source
10 of water supply for drinking water, culinary and food processing purposes; and maintain or enhance protections
11 currently implemented by local governments in existing water supply watersheds. Water supply waters designated
12 WS-II, WS-III, and WS-IV within the Jordan watershed shall retain their classifications. The remaining waters in
13 the Jordan watershed shall be classified WS-V. The requirements of all of these water supply classifications shall
14 be retained and applied except as specifically noted within this Rule and Rules 02B .0263 through 02B .0272 and
15 02B .0311. The entire Jordan watershed is hereby designated a critical water supply watershed and given
16 additional, more stringent requirements than the state minimum water supply watershed management requirements
17 pursuant to G.S. 143-214.5(b). Local governments throughout Jordan watershed shall amend existing ordinances
18 and programs as needed or adopt ordinances and programs to comply with these requirements. The following
19 requirements shall constitute the Jordan water supply nutrient strategy and the more stringent requirements for the
20 Jordan watershed as a critical water supply watershed:These rules, as further enumerated in Item (3) of this Rule,
21 together shall constitute the Jordan water supply nutrient strategy, or Jordan nutrient strategy. Additional
22 provisions of this Rule include establishing the geographic and regulatory scope of the Jordan nutrient strategy,
23 defining its relationship to existing water quality regulations, setting specific nutrient mass load goals for Jordan
24 Reservoir, providing for the use of adaptive management to restore Jordan Reservoir, and citing general
25 enforcement authorities. The following provisions further establish the framework of the Jordan water supply
26 nutrient strategy:
27 (1) SCOPE. B. Everett Jordan Reservoir is hereafter referred to as Jordan Reservoir. All lands and
28 waters draining to Jordan Reservoir are hereafter referred to as the Jordan watershed. Jordan
29 Reservoir and all waters draining to it have been supplementally classified as Nutrient Sensitive
30 Waters (NSW) pursuant to Rules 15A NCAC 2B .0101(e)(3) and 15A NCAC 2B .0223. Water
31 supply waters designated WS-II, WS-III, and WS-IV within the Jordan watershed shall retain their
32 classifications. The remaining waters in the Jordan watershed shall be classified WS-V. The
33 requirements of all of these water supply classifications shall be retained and applied except as
34 specifically noted in Item (6) of this Rule and elsewhere within the Jordan nutrient strategy.
35 Pursuant to G.S. 143-214.5(b), the entire Jordan watershed shall be designated a critical water
36 supply watershed and through the Jordan nutrient strategy given additional, more stringent
37 requirements than the state minimum water supply watershed management requirements. These
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1 requirements supplement the water quality standards applicable to Class C waters, as described in
2 Rule .0211 of this Section, which apply throughout the Jordan watershed.
3 (1)(2) STRATEGY GOAL. Pursuant to G.S. 143-215.1(c5), 143-215.8B, and 143B-282(c) and (d) of
4 the Clean Water Responsibility Act of 1997, G.S. 143-215.1(c5), the Environmental Management
5 Commission hereby establishes the initial goal of reducing the average annual loads of nitrogen
6 and phosphorus delivered to Jordan Reservoir from all point and nonpoint sources of these
7 nutrients located within its watershed, as further specified in Item (3)Item (5) of this Rule Rule,
8 and providing provides for an adaptive management of the initial strategy and goal, as further
9 specified in Item (7)Item 8 of this Rule.
10 (3) RULES ENUMERATED. The second rule in the following list provides definitions for terms that
11 are used in more than one rule of the Jordan nutrient strategy. An individual rule may contain
12 additional definitions that are specific to that rule. The rules of the Jordan nutrient strategy shall
13 be titled as follows:
14 (a) Rule .0262 Purpose and Scope;
15 (b) Rule .0263 Definitions;
16 (c) Rule .0264 Agriculture;
17 (d) Rule .0265 Stormwater Management for New Development;
18 (e) Rule .0266 Stormwater Management for Existing Development;
19 (f) Rule .0267 Protection of Existing Riparian Buffers;
20 (g) Rule .0268 Mitigation for Riparian Buffers;
21 (h) Rule .0269 Riparian Buffer Mitigation Fees to the NC Ecosystem Enhancement Program;
22 (i) Rule .0270 Wastewater Discharge Requirements;
23 (j) Rule .0271 Stormwater Requirements for State and Federal Entities;
24 (k) Rule .0272 Fertilizer Management;
25 (l) Rule .0273 Options for Offsetting Nutrient Loads; and
26 (m) Rule .0311 Cape Fear River Basin.
27 (2)(4) RESERVOIR ARMS AND SUBWATERSHEDS. This Rule dividesFor the purpose of the Jordan
28 nutrient strategy, Jordan Reservoir is divided into three arms and its entirethe Jordan watershed
29 into three arms and their respectiveis divided into three tributary subwatersheds as follows:
30 (a) The Upper New Hope arm of the reservoir, identified by index numbers 16-41-1-(14),
31 16-41-2-(9.5), and 16-41-(0.5) in the Schedule of Classifications for the Cape Fear River
32 Basin, Rule 15A NCAC 02B .0311, encompasses the upper end of the reservoir upstream
33 of SR 1008, and its subwatershed encompasses all lands and waters draining into it.
34 (b) The Lower New Hope arm of the reservoir, identified by index number 16-41-(3.5) in the
35 Schedule of Classifications for the Cape Fear River Basin, Rule 15A NCAC 02B .0311,
36 lies downstream of SR 1008 and upstream of the Jordan Lake Dam, excluding the Haw
37 River arm of the reservoir, and its subwatershed encompasses all lands and waters
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1 draining into the Lower New Hope arm of the reservoir excluding those that drain first to
2 the Upper New Hope arm of the reservoir and the Haw River arm of the reservoir.
3 (c) The Haw River arm of the reservoir, identified by index number 16-(37.5) in the
4 Schedule of Classifications for the Cape Fear River Basin, Rule 15A NCAC 02B .0311,
5 lies immediately upstream of Jordan Lake Dam, and its subwatershed includes all lands
6 and waters draining into the Haw River arm of the reservoir excluding those first draining
7 into the Upper and Lower New Hope arms.
8 (3)(5) NUTRIENT REDUCTION GOALS. Each arm of the lake has initial reduction goals, and initial
9 total allowable loads, point source wasteload allocations, and nonpoint source loading targetsload
10 allocations for both nitrogen and phosphorus based on a field-calibrated nutrient response model
11 developed pursuant to provisions of the Clean Water Responsibility Act of 1997, G.S. 143-
12 215.1(c5). The initial reduction goals and loading targets allocations are to be met collectively by
13 the sources regulated under the Rules listed in Item (6)Jordan nutrient strategy. The initial
14 reduction goals are expressed in terms of a percentage reduction in delivered loads from the
15 baseline years, 1997-2001, while initial loading targetsallocations are expressed in pounds per year
16 of allowable delivered load. Each arm and subwatershed shall conform to its respective initial
17 allocations for nitrogen and phosphorus as follows:
18 (a) The initial at-lake nitrogen loadingload reduction goals for the arms of Jordan Reservoir
19 Reservoir, which may be modified periodically by Item (7) of this Rule, regarding
20 adaptive management, are as follows:
21 (i) The Upper New Hope arm has a 1997-2001 baseline nitrogen load of 986,186
22 pounds per year, year and a Total Mass Maximum Daily Load (TMDL)TMDL
23 reduction goal of 35 percent, and apercent. The resulting TMDL includes a total
24 allowable load of 641,021 pounds of nitrogen per year. Theyear: a initial point
25 source mass load targetwasteload allocation of is 336,079 pounds of nitrogen per
26 year, and thea initial nonpoint source mass load targetallocation is of 304,942
27 pounds of nitrogen per year.
28 (ii) The Lower New Hope arm has a 1997-2001 baseline nitrogen load of 221,929
29 pounds per year, theyear and a nitrogen TMDL is capped at the baseline
30 nitrogen load, and theload. The resulting TMDL is includes a total allowable
31 load of 221,929 pounds of nitrogen per year. Theyear: a initial point source
32 mass load targetwasteload allocation of is 6,836 pounds of nitrogen per year,
33 and thea initial nonpoint source mass load targetallocation of is 215,093 pounds
34 of nitrogen per year.
35 (iii) The Haw River arm has a 1997-2001 baseline nitrogen load of 2,790,217 pounds
36 per year,year and a TMDL percentage reduction of 8 percent, and apercent. The
37 resulting TMDL includes a total allowable load of 2,567,000 pounds of nitrogen
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1 per year. Theyear: a initial point source mass load targetwasteload allocation of
2 is 895,127 pounds of nitrogen per year, and thea initial nonpoint source mass
3 load targetallocation of is 1,671,873 pounds of nitrogen per year.
4 (b) The initial at-lake phosphorus loadingload reduction goals for the arms of Jordan
5 Reservoir Reservoir, which may be modified periodically by Item (7) of this Rule,
6 regarding adaptive management, are as follows:
7 (i) The Upper New Hope arm has a 1997-2001 baseline phosphorus load of 87,245
8 pounds per year,year and a TMDL percentage reduction of 5 percent, and
9 apercent. The resulting TMDL includes a total allowable load of 82,883 pounds
10 of phosphorus per year. Theyear: a initial point source mass load
11 targetwasteload allocation of is 23,108 pounds of phosphorus per year, and thea
12 initial nonpoint source mass load targetallocation of 59,775 pounds of
13 phosphorus per year.
14 (ii) The Lower New Hope arm has a 1997-2001 baseline phosphorus load of 26,574
15 pounds per year, theyear and a phosphorus TMDL is capped at the baseline
16 phosphorus load, and theload. The resulting TMDL is includes a total allowable
17 load of 26,574 pounds of phosphorus per year. Theyear: a initial point source
18 mass load targetwasteload allocation of is 498 pounds of phosphorus per year,
19 and thea initial nonpoint source mass load targetallocation of 26,078 pounds of
21 (iii) The Haw River arm has a 1997-2001 baseline phosphorus load of 378,569
22 pounds per year,year and a TMDL percentage reduction of 5 percent, and
23 apercent. The resulting TMDL includes a total allowable load of 359,641
24 pounds of phosphorus per year. Theyear: a initial point source mass load
25 targetwasteload allocation of is 106,001 pounds of phosphorus per year, and
26 thea initial nonpoint source mass load targetallocation of 253,640 pounds of
28 (c) The allocations established in this Item may change as a result of allocation transfer
29 between point and nonpoint sources to the extent provided for in rules of the Jordan
30 nutrient strategy and pursuant to requirements on the sale and purchase of load reduction
31 credit set out in Rule 15A NCAC 2B .0273.
32 (4)(6) RELATION TO WATER SUPPLY REQUIREMENTS. For all waters designated as WS-II, WS-
33 III, or WS-IV within the Jordan watershed, the requirements of water supply rules 15A NCAC
34 02B .0214 through .0216 shall remain in effect with the exception of Sub-Item (3)(b) of those
35 rules addressing nonpoint sources. The nonpoint source requirements of Sub-Item (3)(b) of those
36 rules are superseded by the requirements of this Rule and rules 15A NCAC 02B .0263 through
37 .0269, and .0271 through .0273,.0271, and .0272, except as specifically stated in any of these
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1 rules. For the remaining waters of Jordan watershed, hereby designated WS-V, the requirements
2 of water supply rule 15A NCAC 02B .0218 and rules 15A NCAC 02B .0263 through .0272.0273
3 and .0311 shall be applied. For WS-II, WS-III, and WS-IV waters, the retained requirements of
4 rules 15A NCAC 02B .0214 through .0216 include are the following:
5 (a) Item (1) of Rules 15A NCAC 02B .0214 through .0216 addressing best usages;
6 (b) Item (2) of Rules 15A NCAC 02B .0214 through .0216 addressing predominant
7 watershed development conditions, discharges expressly allowed watershed-wide,
8 general prohibitions on and allowances for domestic and industrial discharges, Maximum
9 Contaminant Levels following treatment, and the local option to seek more protective
10 classifications for portions of existing water supply watersheds;
11 (c) Sub-Item (3)(a) of Rules 15A NCAC 02B .0214 through .0216 addressing waste
12 discharge limitations; and
13 (d) Sub-Items (3)(c) through (3)(h) of Rules 15A NCAC 02B .0214 through .0216 addressing
14 aesthetic and human health standards.
15 (5)RULES ENUMERATED. The additional requirements set out in this Rule and Rules 02B .0263
16 through .0272 and .0311address both point sources and nonpoint sources, and shall be implemented
17 withinthroughout the Jordan watershed unless otherwise specifiedin order to achieve the nutrient reduction
18 goals stated herein and to protect water supplies in the Jordan watershed. The requirements set out in the
19 rules listed below supplement the water quality standards applicable to Class C waters, as described in Rule
20 .0211 of this Section, that apply to all waters of the Jordan watershed. The following rules shall be
21 implemented within the Jordan watershed:
22 (a)Rule .0262 Watershed Nutrient Reduction Goals
23 (b)Rule .0263 Nutrient Management
24 (c)Rule .0264 Agriculture
25 (d)Rule .0265 Stormwater Management for New Development
26 (e)Rule .0266 Stormwater Management for Existing Development
27 (f)Rule .0267 Protection of Existing Riparian Buffers
28 (g)Rule .0268 Mitigation for Riparian Buffers
29 (h)Rule .0269 Options for Offsetting Nutrient Loads
30 (i)Rule .0270 Wastewater Discharge Requirements
31 (j)Rule .0271 Stormwater Requirements for State and Federal Entities
32 (k)Rule .0272 Riparian Buffer Mitigation Fees
33 (l) Rule .0311 Cape Fear River Basin
34 (6)(7) APPLICABILITY. Although this Rule and Rules 02B .0263 through 02B .0272 and .0311 apply
35 throughout the Jordan watershed unless otherwise specified, Types of parties responsible for
36 implementing rules within the Jordan nutrient strategy and, as applicable, their geographic scope
37 of responsibility, are identified in each rule. The specific local governments responsible for
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1 implementing rules Rules .0265, .0266, .0267, .0268, and .0269.0273 shall apply tobe local
2 governments in the Jordan watershed as follows:
3 (a) Rules .0265, .0266, .0267, .0268, and .0269.0273 shall apply tobe implemented by all
4 incorporated municipalities, as identified by the Office of the Secretary of State, with
5 planning jurisdiction within or partially within the Jordan watershed. watershed as
6 identified by the Office of the Secretary of State. Those municipalities shall currently
7 include:are:
8 (i) AlamanceAlamance;
9 (ii) ApexApex;
10 (iii) BurlingtonBurlington;
11 (iv) CarrboroCarrboro;
12 (v) Cary Cary;
13 (vi) Chapel HillChapel Hill;
14 (vii) DurhamDurham;
15 (viii) ElonElon;
16 (ix) GibsonvilleGibsonville;
17 (x) GrahamGraham;
18 (xi) Green LevelGreen Level;
19 (xii) GreensboroGreensboro
20 (xiii) Haw RiverHaw River;
21 (xiv) KernersvilleKernersville;
22 (xv) MebaneMebane;
23 (xvi) MorrisvilleMorrisville;
24 (xvii) Oak RidgeOak Ridge;
25 (xviii) OssipeeOssipee;
26 (xix) PittsboroPittsboro;
27 (xx) Pleasant GardenPleasant Garden;
28 (xxi) ReidsvilleReidsville;
29 (xxii) SedaliaSedalia;
30 (xxiii) StokesdaleStokesdale;
31 (xxiv) SummerfieldSummerfield;
32 (xxv) WilsonvilleWilsonville; and
33 (xxvi) WhitsettWhitsett;
34 (b) Rules .0265, .0266, .0267, .0268, and .0269.0273 shall apply to be implemented by the
35 following counties: counties for the portions of the counties where the municipalities
36 listed in Sub-Item (7)(a) do not have an implementation requirement:
37 (i) AlamanceAlamance;
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1 (ii) CaswellCaswell;
2 (iii) ChathamChatham;
3 (iv) DurhamDurham;
4 (v) GuilfordGuilford;
5 (vi) OrangeOrange;
6 (vii) RockinghamRockingham; and
7 (viii) WakeWake.
8 (c) A unit of government may arrange through interlocal agreement or other instrument of
9 mutual agreement for another unit of government to implement portions or the entirety of
10 a program required or allowed under any of the rules listed in Item (3) of this Rule to the
11 extent that such an arrangement is otherwise allowed by statute. The governments
12 involved shall submit documentation of any such agreement to the Division. No such
13 agreement shall relieve a unit of government from its responsibilities under these rules.
14 (7)(8) ADAPTIVE MANAGEMENT. The initial loading goals defined in Item (3) of this Rule may be
15 adjusted based on an evaluation of Division shall evaluate the effectiveness of the Jordan nutrient
16 reduction strategy after at least five ten years of implementation following the effective date and
17 periodically thereafter as part of the review of the Cape Fear River Basinwide Water Quality Plan.
18 The Division shall base any adjustment onits evaluation on, at a minimum, of additional water
19 quality data. Such evaluation shall include, but shall not be limited to, the results of a calibrated
20 lake nutrient response model, trend analyses as described in the monitoring section of the B.
21 Everett Jordan Reservoir, North Carolina Nutrient Management Strategy and Total Maximum
22 Daily Load, and lake use support assessment assessments. The Division may also develop
23 additional watershed modeling or other source characterization work.as conducted every five years
24 for the Cape Fear River Basinwide Water Quality Plan. The Any nutrient response modeling and
25 monitoring on which an any recommendation for adjustment to strategy goals may be based shall
26 meet the criteria set forth in the Clean Water Act, G.S. 143-215.1(c5), and meet or exceed criteria
27 used by the Division for the monitoring and modeling used to establish the goals in Item (3)Item
28 (5) of this Rule. Loading goals adjusted as described here shall apply to the rules identified in
29 Item (5) of this Rule upon approval by the Commission. Any modification to these rules as a
30 result of such evaluations would require additional rulemaking.
31 (8)(9) LIMITATION: 15A NCAC 02B .0262 through .0272The Jordan nutrient strategy may not fully
32 address significant nutrient sources in the Jordan Watershed watershed in that the rules do not
33 directly address atmospheric sources of nitrogen to the watershed from sources located both within
34 and outside of the watershed. As better information becomes available from ongoing research on
35 atmospheric nitrogen loading to the watershed from these sources, and on measures to control this
36 loading, the Commission may undertake separate rule making to require such measures it deems
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1 necessary from these sources to support the goals of the Jordan Reservoir Nutrient
2 Strategynutrient strategy.
3 (9)(10) ENFORCEMENT. Failure to meet requirements of Rules .0262, .0263, .0264, .0265, .0266,
4 .0267, .0268, .0269, .0270, .0271.0271, and .0272 and .0273 of this Section may result in
5 imposition of enforcement measures as authorized by G. S. 143-215.6A (civil penalties), G.S. 143-
6 215.6B (criminal penalties), and G.S. 143-215.6C (injunctive relief).
7
8 History Note: Authority G. S. 143-214.1; 143-214.5; 143-214.7; 143-215.1; 143-215.3(a)(1); 143-215.6A; 143-
9 215.6A; 143-215.6B; 143 215.6C; 143-215.8B(b);143-215.8B; 143B-282(c); 143B-282(d); S.L.
10 2005-190; S.L. 2006-259;
11 Eff. July 1, 2008.
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1 15A NCAC 02B .0263 was published in 21:24 NCR 2265 as parts of Rules 15A NCAC 02B .0262-.0272.
2 Note: In response to staff recommendations, parts of 15A NCAC 02B rules have been combined into one rule,
3 thereby creating this rule. The original Rule 15A NCAC 02B .0263 has been renumbered as Rule 15A NCAC
4 02B .0272.
5
6 15A NCAC 02B .0263 JORDAN WATER SUPPLY NUTRIENT STRATEGY: DEFINITIONS
7 The following words and phrases, which are not defined in G.S. 143, Article 21, shall be interpreted as follows for
8 the purposes of the Jordan nutrient strategy:
9 (1) “Allocation” means the mass quantity of nitrogen or phosphorus that a discharger, group of
10 dischargers, nonpoint source, or collection of nonpoint sources is potentially allowed to release
11 either to surface waters, expressed as “discharge allocation”, or to an arm of Jordan Reservoir,
12 expressed as “delivered allocation”.assigned as part of a TMDL. For point sources, possession of
13 allocation does not authorize the discharge of nutrients but is prerequisite to such authorization
14 through a NPDES permit.
15 (2) “Applicator” means the same as defined in Rule 15A NCAC 2B .0202(4).
16 (3) “Channel” means a natural water-carrying trough cut vertically into low areas of the land surface
17 by erosive action of concentrated flowing water or a ditch or canal excavated for the flow of water.
18 (4) ‘DBH’ means diameter at breast height of a tree measured at 4.5 feet above ground surface level.
19 (5) “Delivered,” as in delivered allocation, load, or limit, means the allocation, load, or limit that is
20 measured or predicted at Jordan Reservoir. A delivered value is equivalent to a discharge value
21 multiplied by the transport factor for that discharge location.
22 (6) “Development” means the same as defined in Rule 15A NCAC 2B .0202(23).
23 (7) “Discharge,” as in discharge allocation, load, or limit means the allocation, load, or limit that is
24 measured at the point of discharge into surface waters in the Jordan watershed. A discharge value
25 is equivalent to a delivered value divided by the transport factor for that discharge location.
26 (8) “Ditch or canal” means a man-made channel other than a modified natural stream constructed for
27 drainage purposes that is typically dug through inter-stream divide areas. A ditch or canal may
28 have flows that are perennial, intermittent, or ephemeral and may exhibit hydrological and
29 biological characteristics similar to perennial or intermittent streams.
30 (9) “Ephemeral stream” means a feature that carries only stormwater in direct response to
31 precipitation with water flowing only during and shortly after large precipitation events. An
32 ephemeral stream may or may not have a well-defined channel, the aquatic bed is always above
33 the water table, and stormwater runoff is the primary source of water. An ephemeral stream
34 typically lacks the biological, hydrological, and physical characteristics commonly associated with
35 the continuous or intermittent conveyance of water.
36 (10) “Existing development” means development, other than that directly associated with agricultural
37 or forest management activities, that meets one of the following criteria:
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1 (a) It either is built or has established a vested right based on statutory or common law as
2 interpreted by the courts, under North Carolina zoning lawfor projects that do not require
3 a state permit, as of the effective date of either local new development stormwater
4 programs implemented under Rule 15A NCAC 2B .0265 or, for projects requiring a state
5 permit, as of the applicable compliance date established in Rule 15A NCAC 2B .0271(5)
6 and (6)(6); or A vested right shall be based on at least one of the following criteria:
7 (i)Substantial expenditure of resources (time, labor, money) based on a good faith
8 reliance upon having received a valid state or local government approval to
9 proceed with the project; or
10 (ii) Having either an outstanding valid building permit or an approved site-specific or
11 phased development plan in compliance with G.S. 153A-344.1 or G.S. 160A-385.1; or
12 (b) It occurs after one of the compliance datesdate set out in Sub-Item (3)(a) of this
13 Rule(4)(d) of Rule .0265 but is not subject to the requirements referenced there, such as
14 redevelopment that does not yield result in a net increase in built-upon area.
15 (11) “Intermittent stream” means a well-defined channel that contains water for only part of the year,
16 typically during winter and spring when the aquatic bed is below the water table. The flow may
17 be heavily supplemented by stormwater runoff. An intermittent stream often lacks the biological
18 and hydrological characteristics commonly associated with the continuous conveyance of water.
19 (12) “Jordan nutrient strategy,” or “Jordan water supply nutrient strategy” means the set of Rules 15A
20 NCAC 2B .0262 through .0273 and .0311(p).
21 (13) “Jordan Reservoir” means the surface water impoundment operated by the US Army Corps of
22 Engineers and named B. Everett Jordan Reservoir, as further delineated for purposes of the Jordan
23 nutrient strategy in Rule 15A NCAC 2B .0262(4).
24 (14) “Jordan watershed” means all lands and waters draining to B. Everett Jordan Reservoir.
25 (15) “Load” means the mass quantity of a nutrient or pollutant released into surface waters over a given
26 time period. Loads may be expressed in terms of pounds per year and may be expressed as
27 “delivered load” or an equivalent “discharge load.”
28 (16) “Load allocation” means the same as set forth in federal regulations 40 CFR 130.2(g), which is
29 incorporated herein by reference, including subsequent amendments and editions. These
30 regulations may be obtained at no cost from http://www.epa.gov/lawsregs/search/40cfr.html or
31 from the U.S. Government Printing Office, 732 North Capitol St. NW, Washington D.C., 20401.
32 (17) “Modified natural stream” means an on-site channelization or relocation of a stream channel and
33 subsequent relocation of the intermittent or perennial flow as evidenced by topographic alterations
34 in the immediate watershed. A modified natural stream must have the typical biological,
35 hydrological, and physical characteristics commonly associated with the continuous conveyance
36 of water.
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1 (18) “New development” means any development project that does not meet the definition of existing
2 development set out in this Rule.
3 (19) “Nitrogen” or “total nitrogen” means the sum of the organic, nitrate, nitrite, and ammonia forms of
4 nitrogen in a water or wastewater.
5 (20) “NPDES” means National Pollutant Discharge Elimination System, and connotes the permitting
6 process required for the operation of point source discharges in accordance with the requirements
7 of Section 402 of the Federal Water Pollution Control Act, 33 U.S.C. Section 1251 et seq.
8 (21) “Nutrients” means total nitrogen and total phosphorus.
9 (22) “Perennial stream” means a well-defined channel that contains water year round during a year of
10 normal rainfall with the aquatic bed located below the water table for most of the year.
11 Groundwater is the primary source of water for a perennial stream, but it also carries stormwater
12 runoff. A perennial stream exhibits the typical biological, hydrological, and physical
13 characteristics commonly associated with the continuous conveyance of water.
14 (23) “Perennial waterbody” means a natural or man-made watershed,basin, including lakes, ponds, and
15 reservoirs, that stores surface water permanently at depths sufficient to preclude growth of rooted
16 plants.plants, including lakes, ponds, sounds, non-stream estuaries and ocean. For the purpose of
17 the State’s riparian buffer protection program, the waterbody must be part of a natural drainage
18 way (i.e., connected by surface flow to a stream).
19 (24) “Phosphorus” or “total phosphorus” means the sum of the orthophosphate, polyphosphate, and
20 organic forms of phosphorus in a water or wastewater.
21 (25) “Stream” means a body of concentrated flowing water in a natural low area or natural channel on
22 the land surface.
23 (26) “Surface waters” means all waters of the state as defined in G.S. 143-212 except underground
24 waters.
25 (27) “Technical specialist” means the same as defined in Rule 15A NCAC 6H .0102(9).
26 (28) “Total Maximum Daily Load,” or “TMDL,” means the same as set forth in federal regulations 40
27 CFR 130.2(i) and 130.7(c)(1), which are incorporated herein by reference, including subsequent
28 amendments and editions. These regulations may be obtained at no cost from
29 http://www.epa.gov/lawsregs/search/40cfr.html or from the U.S. Government Printing Office, 732
30 North Capitol St. NW, Washington D.C., 20401.
31 (29) “Total nitrogen” or “nitrogen” means the sum of the organic, nitrate, nitrite, and ammonia forms
32 of nitrogen in a water or wastewater.
33 (30) “Total phosphorus” or “phosphorus” means the sum of the orthophosphate, polyphosphate, and
34 organic forms of phosphorus in a water or wastewater.
35 (31) “Transport factor” means the fraction of a dischargedtotal nitrogen or total phosphorus load that is
36 delivered from a specificthe discharge point to Jordan Reservoir, as determined in an approved
37 TMDL.
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1 (32) “Tree” means a woody plant with a DBH equal to or exceeding five inches or a stump diameter
2 exceeding six inches.
3 (33) “Wasteload” means the mass quantity of a nutrient or pollutant released into surface waters by a
4 wastewater discharge over a given time period. Wasteloads may be expressed in terms of pounds
5 per year and may be expressed as “delivered wasteload” or an equivalent “discharge wasteload.”
6 (34) “Wasteload allocation” means the same as set forth in federal regulations 40 CFR 130.2(h), which
7 is incorporated herein by reference, including subsequent amendments and editions. These
8 regulations may be obtained at no cost from http://www.epa.gov/lawsregs/search/40cfr.html or
9 from the U.S. Government Printing Office, 732 North Capitol St. NW, Washington D.C., 20401.
10
11
12 History Note: Authority G. S. 143-214.1; 143-214.5; 143-214.7; 143-215.3(a)(1); 143-215.6A; 143-215.6B;
13 143-215.6C; 143 215.8B; 143B-282(c); 143B-282(d); S.L. 2001-355; S.L. 2005-190; S.L. 2006-
14 259;
15 Eff. July 1, 2008.
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2
3 15A NCAC 02B .0264 JORDAN WATER SUPPLY NUTRIENT STRATEGY: AGRICULTURE
4 This Rule sets forth a process by which agricultural operations in the Jordan watershed will collectively limit their
5 nitrogen and phosphorus loading to the Jordan Reservoir, as prefaced in Rule 15A NCAC 02B .0262. This process
6 is as follows:
7 (1) PURPOSE. The purposes of this Rule are to achieve and maintain the percentage reduction goals
8 defined in Rule 15A NCAC 02B .0262 for the collective agricultural loading of nitrogen and
9 phosphorus from their respective 1997-2001 baseline levels, to the extent that best available
10 accounting practices will allow. This Rule aims to achieve the initial goals set out in Rule 15A
11 NCAC 02B .0262 within five to eightsix to nine years.years, as set out in (5)(b) of this Rule.
12 Additionally this Rule will protect the water supply uses of Jordan Reservoir and of designated
13 water supplies throughout the Jordan watershed.
14 (2) PROCESS. This Rule requires accounting for agricultural land management practices at the
15 county and subwatershed levels in the Jordan watershed, and implementation of practices by
16 farmers in these areas to collectively achieve the nutrient reduction goals, goals on a county and
17 subwatershed basis. Producers will may be eligible to obtain cost share and technical assistance
18 from the NC Agriculture Cost Share Program and similar federal programs to contribute to their
19 counties’ nutrient reductions. A Watershed Oversight Committee, and if needed, needed Local
20 Advisory Committees, will develop strategies, coordinate activities, and account for progress.
21 (3) LIMITATION. This Rule may not fully address significant nutrient sources relative to agriculture
22 in that it does not directly address atmospheric sources of nitrogen to the Jordan watershed from
23 agricultural operations located both within and outside of the Jordan watershed. As better
24 information becomes available from ongoing research on atmospheric nitrogen loading to the
25 Jordan watershed from these sources, and on measures to control this loading, the Commission
26 may undertake separate rule-making to require such measures it deems necessary from these
27 sources to support the goals of the Jordan Reservoir Nutrient Sensitive Waters Strategy.
28 (4) APPLICABILITY. This Rule shall apply to all persons engaging in agricultural operations in the
29 Jordan watershed, including those related to crops, horticulture, livestock, and poultry. This Rule
30 applies to livestock and poultry operations above the size thresholdthresholds in this Item in
31 addition to requirements for animal operations set forth in general permits issued pursuant to G.S.
32 143-215.10C. Nothing in this Rule shall be deemed to allow the violation of any assigned surface
33 water, groundwater, or air quality standard by any agricultural operation, including any livestock
34 or poultry operation below the size thresholds in this Item. This Rule does not require specific
35 actions by any individual person or operation if the county or counties in which they conduct
36 operations can otherwise collectively achieve their initial nutrient reduction targets, in the manner
37 described in Item (5) of this Rule, within five six years of the effective date of this Rule. For the
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1 purposes of this Rule, agricultural operations are activities that relate to any of the following
2 pursuits:
3 (a) The commercial production of crops or horticultural products other than trees. As used in
4 this Rule, commercial shall mean activities conducted primarily for financial profit.
5 (b) Research activities in support of such commercial production.
6 (c) The production or management of any of the following number of livestock or poultry at
7 any time, excluding nursing young:
8 (i) 5 or more horses;
9 (ii) 20 or more cattle;
10 (iii) 150 20 or more swine;swine not kept in a feedlot, or 150 or more swine kept in a
11 feedlot;
12 (iv) 120 or more sheep;
13 (v) 130 or more goats;
14 (vi) 650 or more turkeys;
15 (vii) 3,500 or more chickens; or
16 (viii) Any single species of any other livestock or poultry, or any combination of
17 species of livestock or poultrypoultry, that exceeds 20,000 pounds of live weight
18 at any time.
19 (5) METHOD FOR RULE IMPLEMENTATION. This Rule shall be implemented initially by a
20 Watershed Oversight Committee and, if needed, through a cooperative effort between the
21 Watershed Oversight Committee and Local Advisory Committees in each county.county or
22 subwatershed. The membership, roles and responsibilities of these committees are set forth in
23 Items (8)(7) and (9)(8) of this Rule. Committees’ activities shall be guided by the following
24 constraints:
25 (a) The Commission shall determine whether agricultural operations have achieved the
26 collective nitrogen goals within two years of rule effective date based on input from the
27 Watershed Oversight Committee, which shall use the accounting process described in
28 Items (8) and (9) of this Rule. Within three years after the effective date of this Rule, the
29 Watershed Oversight Committee shall provide the Commission with an initial assessment
30 of the extent to which agricultural operations in each subwatershed have achieved the
31 nitrogen goals identified in Item (1) of this Rule through activities conducted since the
32 baseline period. The Watershed Oversight Committee shall use the accounting process
33 described in Items (7) and (8) of this Rule to make its assessment. Should the
34 Commission determine at that time that a subwatershed nitrogen goal has not been
35 achieved within two years, the Commission shall require the formation ofthen Local
36 Advisory Committees shall be formed in that subwatershed according to Item (8) of this
37 Rule to further progress toward the goal by developing local strategies to guide
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1 implementation. or consider alternative recommendations from the Watershed Oversight

2 Committee on a management strategy for the subwatershed. The
3 (b) For any subwatershed identified in Sub-Item (5)(a) of this Rule as not having achieved its
4 nitrogen goal within three years, the Commission shall within six years after the effective
5 date of this Rule again determine, with input from the Watershed Oversight Committee,
6 whether the subwatershed has achieved its nitrogen goal. Should the Commission
7 determine at that time that a subwatershed has not achieved its goal, then it shall require
8 additional best management practice (BMP) implementation as needed to ensure that the
9 goal is met within nine years after the effective date of this Rule. The Commission may
10 also consider alternative recommendations from the Watershed Oversight Committee
11 based on its assessment of the practicability of agricultural operations meeting the
12 subwatershed goal. Should the Commission require some form of individual compliance,
13 then it shall also subsequently approve a framework proposed by the Watershed
14 Oversight Committee for allowing producers to obtain credit through offsite measures.
15 Such offsite measures shall meet the requirements of Rule 15A NCAC 02B .0273(2) –
16 (4). The Commission shall review compliance with the phosphorus goals within six
17 years of the effective date and shall require additional BMP implementation within any
18 subwatershed as needed to meet its goal within an additional three years from that date.
19 (b)(c) Should a committee called for under Sub-Item (5)(a) of this Rule not form nor follow
20 through on its responsibilities such that a local strategy is not implemented in keeping
21 with Item (9)(8) of this Rule, the Commission shall require all persons subject to this
22 Rule in the affected area to implement BMPs as set forth in Item (7) ofneeded to meet the
23 goals of this Rule.
24 (6) OPTIONS FOR MEETING RULE REQUIREMENTS FOR INDIVIDUAL OPERATIONS.
25 REQUIREMENTS. If agricultural operations do not collectively meet the nitrogen reduction goals
26 within two years as determined under Sub-Item (5)(a) of this Rule, persons subject to this Rule
27 shall register their operations with their Local Advisory Committee according to the requirements
28 of Item (9) of this Rule within three years of the effective date of this Rule. Such persons may
29 elect to implement any Best Management Practices, as set forth in Item (7) of this Rule, they
30 choose that are recognized by the Watershed Oversight Committee as nitrogen-reducing or
31 phosphorus-reducing BMPs within five years of the effective date of this Rule. Persons who have
32 implemented standard BMPs meeting the requirements of Item (7) if this Rule on all lands under
33 their control within five years of the effective date of this Rule shall not be subject to any
34 additional requirements that may be placed on persons under Item (4) of this Rule. Persons
35 subject to this Rule shall adhere to the following requirements:
36 (a) If the initial accounting required under Sub-Item (5)(a) of this Rule determines that
37 agricultural operations have not already collectively met the nitrogen reduction goals,
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1 persons subject to this Rule shall register their operations with their Local Advisory
2 Committee according to the requirements of Item (8) of this Rule within four years of
3 after the effective date of this Rule. Within six years after the effective date of this Rule,
4 such persons are not required to implement any specific BMPs but may elect to
5 contribute to the collective local nutrient strategy by implementing any BMPs they
6 choose that are recognized by the Watershed Oversight Committee as nitrogen-reducing
7 or phosphorus-reducing BMPs.
8 (b) Should a local strategy not achieve its goal after six years, operations within that local
9 area may face specific implementation requirements, as described under Sub-Item (5)(b)
10 of this Rule.
11 (c) Producers may generate nitrogen loading reduction credit for sale to parties subject to or
12 operating under other nutrient strategy rules in the Jordan watershed under either of the
13 following circumstances and only pursuant to the conditions of Sub-Item (7)(b)(vii) and
14 Rule 15A NCAC 02B.0273:
15 (i) If the subwatershed in which they implement nitrogen-reducing practices has
16 achieved its nitrogen goal.
17 (ii) At any point during the implementation of this Rule, a pasture-based livestock
18 operation that implements an excluded buffer BMP on part or all of its operation
19 may sell that portion of the nitrogen reduction credit attributed to the buffer
20 restoration aspect of the practice, while the credit attributed to the exclusion
21 aspect shall accrue to the achievement or maintenance of the goals of this Rule.
22 (7)STANDARD BEST MANAGEMENT PRACTICES (BMPs). Standard BMPs shall be individual
23 BMPs or combinations of BMPs that, when implemented to treat all lands under a producer’s control,
24 achieve a sufficient level of farm stewardship relative to nutrient loss so as to merit individual compliance
25 with this Rule. Implementation may have occurred at any time before, during, or after the baseline period,
26 and individual compliance shall be contingent on the continued implementation and maintenance of such
27 practices. Producers who implement additional practices beyond these requirements may offer any
28 nitrogen export reduction credit attributed to the additional practices to parties subject to other rules under
29 the Jordan nutrient strategy, subject to approval by the WOC under Sub-Item (8)(b). Standard BMPs shall
30 be established for the purposes of this Rule as either of the following:
31 (c)Any of the following BMPs and BMP combinations. Technical specifications for these BMPs
32 are those approved by the Soil and Water Conservation Commission for the Tar-Pamlico
33 agriculture rule.
34 (i)Field border and nutrient management;
35 (ii)Conservation cover and nutrient management;
36 (iii)Riparian herbaceous cover and nutrient management;
37 (iv)(20-foot) Forested buffer strip and nutrient management; and
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1 (v)Combined forested and herbaceous buffer strip.

2 (A)(d) Any additional standard BMPs approved by the Watershed Oversight Committee for the
3 Jordan watershed based on their nutrient reduction efficiencies and using design criteria for
4 nitrogen and phosphorus reducing BMPs as described in rules adopted by the Soil and Water
5 Conservation Commission, including 15A NCAC 06E .0104 and 15A NCAC 06F .0104.
6 (8)(7) WATERSHED OVERSIGHT COMMITTEE. The Watershed Oversight Committee shall have the
7 following membership, role and responsibilities:
8 (a) MEMBERSHIP. The Director shall be responsible for forming a Watershed Oversight
9 Committee within two months of the effective date of this Rule. Until such time as the
10 Commission determines that long-term maintenance of the nutrient loads is assured, the
11 Director shall either reappoint members or replace members at least every fivesix years.
12 The Director shall solicit nominations for membership on this Committee to represent
13 each of the following interests, and shall appoint one nominee to represent each interest.
14 interest except where a greater number is noted. The Director may appoint a replacement
15 at any time for an interest in Sub-Items (8)(7)(a)(vi) through (8)(7)(a)(x) of this Rule
16 upon request of representatives of that interest:
17 (i) Division of Soil and Water Conservation;
18 (ii) United States Department of Agriculture-Natural Resources Conservation
19 Service (shall serve in an "ex-officio" non-voting capacity and shall function as
20 a technical program advisor to the Committee);
21 (iii) North Carolina Department of Agriculture and Consumer Services;
22 (iv) North Carolina Cooperative Extension Service;
23 (v) Division of Water Quality;
24 (vi) Three environmental Environmental interestsinterests, at least two of which are
25 residents of the Jordan watershed;
26 (vii) Watershed General farming interests;
27 (viii) Pasture-based livestock interests;
28 (ix) Equine livestock interests;
29 (x) Cropland farming interests; and
30 (xi) The scientific community with experience related to water quality problems in
31 the Jordan watershed.
32 (b) ROLE. The Watershed Oversight Committee shall:
33 (i) Develop tracking and accounting methodologies methods for nitrogen and
34 phosphorus loss. pursuant to Sub-Item (8)(c)(i) through (8)(c)(vii) of this Rule.
35 Final methodologies for nitrogen and phosphorus shall be submitted Submit
36 methods to the Water Quality Committee of the Commission for approval based
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1 on the standards set out in Sub-Item (7)(c) of this Rule within one yeartwo years
2 after the effective date of this Rule. Rule;
3 (ii) Identify and implement future refinements to the accounting methodologies
4 methods as needed to reflect advances in scientific understanding, including
5 establishment or refinement of nutrient reduction efficiencies for BMPs.BMPs;
6 (iii) Within two three years after the effective date of this Rule, collect data needed
7 to conduct initial nutrient loss accounting for the baseline period and the most
8 current year feasible, perform this accounting, and determine the extent to which
9 agricultural operations have achieved the nitrogen loss goal and phosphorus loss
10 trend indicators for each subwatershed. Also evaluate the ability of producers to
11 achieve these goals within five years of the effective date, and develop
12 recommendations as needed for presentation to the Commission on potential
13 alternatives. Present findings to the Water Quality Committee of the
14 Commission.Commission;
15 (iv) Review, approve, and summarize local nutrient strategies if required pursuant to
16 Sub-ItemsSub-Item (5)(a) and (9)(c) of this Rule.Rule and according to the
17 timeframe identified in Sub-Item (8)(c)(ii) of this Rule. Present Provide these
18 strategies to the Commission in an annual report.Division;
19 (v) Establish requirements for, review, approve and summarize local nitrogen and
20 phosphorus loss annual reports as described under Sub-Item (9)(e)(8)(e) of this
21 Rule, and present these reports to the Commission Division annually, until such
22 time as the Commission determines that annual reports are no longer needed to
23 assure long-term maintenance of the nutrient goals.fulfill the purposes of this
24 Rule. Present the annual report six years after the effective date to the
25 Commission. Should that annual report find that a subwatershed has not met its
26 nitrogen goal, include an assessment in that report of the practicability of
27 producers achieving the goal within nine years after the effective date, and
28 recommendations to the Commission as deemed appropriate;
29 (vi) Approve standard BMPs as described in Sub-Item (7)(b).Obtain nutrient
30 reduction efficiencies for BMPs from the scientific community associated with
31 design criteria identified in rules adopted by the Soil and Water Conservation
32 Commission, including Rules 15A NCAC 06E .0104 and 15A NCAC 06F
33 .0104; and
34 (vii) Determine the eligibility of practices implemented by individual producers for
35 nitrogen export reduction credit, available to parties subject to other rules within
36 the Jordan nutrient strategy, pursuant to Sub-Item (7) of this Rule. Quantify the
37 nitrogen credit available from such practices. Approve eligible trades, and
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1 ensure that they are accounted for and tracked separately from nitrogen
2 compliance accounting for this Rule.Investigate and, if feasible, develop an
3 accounting method to equate implementation of specific nitrogen-reducing
4 practices on cropland or pastureland to reductions in nitrogen loading delivered
5 to streams. Quantify the nitrogen credit generated by such practices for
6 purposes of selling or buying credits. Establish criteria and a process as needed
7 for the exchange of nitrogen credits between parties meeting the criteria of either
8 Sub-Item (5)(b) or Sub-Item (6)(c) of this Rule with parties subject to or
9 operating under other nutrient strategy rules in the Jordan watershed pursuant to
10 the requirements of Rule 15A NCAC 02B .0273 Approve eligible trades, and
11 ensure that such practices are accounted for and tracked separately from those
12 contributing to the goals of this Rule.
13 (c) ACCOUNTING METHODOLOGIES.METHODS. Success in meeting this Rule’s
14 purpose will be gauged by estimating percentage changes in nitrogen loss from
15 agricultural lands in the Jordan watershed and by evaluating broader trends in indicators
16 of phosphorus loss from agricultural lands in the Jordan watershed. The Watershed
17 Oversight Committee shall develop accounting methodologiesmethods that meet the
18 following requirements:
19 (i) The nitrogen methodologymethod shall quantify baseline and annual total
20 nitrogen losses from agricultural operations in each county, each subwatershed,
21 and for the entire watershed.Jordan watershed;
22 (ii) The nitrogen and phosphorus methodologiesmethods shall include a means of
23 tracking implementation of BMPs, including number, type, and area
24 affected.affected;
25 (iii) The nitrogen methodologymethod shall include a means of estimating
26 incremental nitrogen loss reductions from actual BMP implementation and of
27 evaluating progress toward and maintenance of the nutrient goals from changes
28 in BMP implementation, fertilization, individual crop acres,acres and
29 agricultural land use acres.acres;
30 (iv) The nitrogen and phosphorus methodologiesmethods shall be refined as research
31 and technical advances allow.allow;
32 (v) The phosphorus methodologymethod shall quantify baseline values for and
33 annual changes in factors affecting agricultural phosphorus loss as identified by
34 the phosphorus technical advisory committee established under 15A NCAC 02B
35 .0256(f)(2)(C). The methodologymethod shall provide for periodic qualitative
36 assessment of likely trends in agricultural phosphorus loss from the Jordan
37 watershed relative to baseline conditions.conditions;
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1 (vi) Phosphorus accounting may also include a scientifically valid, survey-based

2 sampling of farms in the Jordan watershed for the purpose of conducting field-
3 scale phosphorus loss assessments and extrapolating phosphorus losses for the
4 Jordan watershed as accurately as possible for the baseline period and at
5 periodic intervals; andintervals until such time as the Commission determines
6 that such evaluations are no longer needed to assure long-term maintenance of
7 phosphorus loss goals.
8 (vii) Aspects of pasture-based livestock operations that potentially affect nutrient loss
9 and are not captured by the accounting methods described above shall be
10 accounted for in annual reporting by quantifying changes in the extent of
11 livestock-related nutrient controlling BMPs. Progress may be judged based on
12 percent change in the extent of implementation relative to subwatershed
13 percentage goals identified in rule .0262 of this Section.
14 (9) (8) LOCAL ADVISORY COMMITTEES. If deemed necessary two years after the effective date as
15 determined in Item (5) of this Rule, Local Advisory Committees required by Sub-Item (5)(a) of
16 this Rule shall be formed for each county within the applicable subwatershed within two three
17 years and three months of after the effective date of this rule, and shall have the following
18 membership, roles, and responsibilities:
19 (a) MEMBERSHIP. A Local Advisory Committee shall be appointed as provided for in this
20 Item for each county within the Jordan watershed. It shall terminate upon a finding by
21 the Environmental Management Commission that the long-term maintenance of nutrient
22 loads in the Jordan watershed is assured.it is no longer needed to fulfill the purposes of
23 this Rule. Each Local Advisory Committee shall consist of:
24 (i) One representative of the local county Soil and Water Conservation District;
25 (ii) One local representative of the county office of the United States Department of
26 Agriculture Natural Resources Conservation Service;
27 (iii) One local representative of the North Carolina Department of Agriculture and
28 Consumer Services; Services whose regional assignment includes the county;
29 (iv) One local representative of the county office of the North Carolina Cooperative
30 Extension Service;
31 (v) One local representative of the North Carolina Division of Soil and Water
32 Conservation whose regional assignment includes the county; and
33 (vi) At least two farmers who reside in the county.
34 (b) APPOINTMENT OF MEMBERS. The Director of the Division of Water Quality and the
35 Director of the Division of Soil and Water Conservation of the Department of
36 Environment and Natural Resources shall jointly appoint members described in Sub-Items
37 (9)(8)(a)(i), (9)(8)(a)(ii), (9)(8)(a)(iv), and (9)(8)(a)(v) of this Rule. The Director of the
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1 Division of Water Quality, with recommendations from the Director of the Division of
2 Soil and Water Conservation and the Commissioner of Agriculture, shall appoint the
3 members described in Sub-Items (9)(8)(a)(iii) and (9)(8)(a)(vi) of this Rule from persons
4 nominated by nongovernmental organizations whose members produce or manage
5 agricultural commodities in each county. county or watershed. Members of the Local
6 Advisory Committees shall serve at the pleasure of their appointing authority.
7 (c) ROLE. The Local Advisory Committees shall:
8 (i) Contingent on the 2-year determination described in Sub-Item (5)(a) of this
9 Rule, conductConduct a registration process for persons subject to this Rule.
10 This registration process shall be completed within 36 48 months of after the
11 effective date of this Rule. The registration process shall request the type and
12 acreage of agricultural operations. It shall provide persons with information on
13 requirements and options under this Rule, and on available technical assistance
14 and cost share options;
15 (ii) Contingent on the 2-year determination described in Sub-Item (5)(a) of this
16 Rule, developDevelop local nutrient control strategies for agricultural
17 operations, pursuant to Sub-Item (9)(8)(d) of this Rule, to meet the nitrogen and
18 phosphorus goals assigned by the Watershed Oversight Committee.of this Rule.
19 The strategyStrategies shall be submitted to the Watershed Oversight Committee
20 no later than 34 46months after the effective date of this Rule;Rule in order to be
21 included in the third annual report to the Commission;
22 (iii) Ensure that any changes to the design of the local strategy will continue to meet
23 the nutrient goals of this Rule; and
24 (iv) Submit annual reports to the Watershed Oversight Committee, pursuant to Sub-
25 Item (9)(8)(e) of this Rule, annually until such time as the Commission
26 determines that annual reports are no longer needed to fulfill the purposes of this
27 Rule.assure long-term maintenance of the nutrient goals.
28 (d) LOCAL NUTRIENT CONTROL STRATEGIES. Contingent on the 2-year
29 determination described in Sub-Item (5)(a) of this Rule, Local Advisory Committees
30 shall develop county or watershed nutrient control strategies that meet the following
31 requirements. If a Local Advisory Committee fails to submit a nutrient control strategy
32 required in Sub-Item (9)(8)(c)(ii) of this Rule, the Commission may develop one based
33 on the accounting methodologymethods that it approves pursuant to Sub-Item (8)(7)(b)(i)
34 of this Rule. Local strategies shall meet the following requirements:
35 (i) Local nutrient control strategies shall be designed to achieve the required
36 nitrogen loss reduction goals and qualitative trends in indicators of agricultural
37 phosphorus loss within fivesix years after the effective date of this Rule, and to
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1 maintain those reductions in perpetuity or until such time as this Rule is revised
2 to modify this requirement.
3 (ii) Local nutrient control strategies shall specify the numbers, acres, and types of all
4 agricultural operations within their areas, numbers of BMPs that will be
5 implemented by enrolled operations and acres to be affected by those BMPs,
6 estimated nitrogen and phosphorus loss reductions, schedule for BMP
7 implementation, and operation and maintenance requirements.
8 (e) ANNUAL REPORTS. The Local Advisory Committees shall be responsible for
9 submitting annual reports for their counties or watersheds. Annual reports shall be
10 submitted to the Watershed Oversight Committee annually until such time as the
11 Commission determines that annual reports are no longer needed to fulfill the purposes of
12 this Rule.assure long-term maintenance of the nutrient goals. The Watershed Oversight
13 Committee shall determine reporting requirements to meet these objectives. Those
14 requirements may include information on BMPs implemented by individual farms,
15 proper BMP operation and maintenance, BMPs discontinued, changes in agricultural land
16 use or activity, and resultant net nitrogen loss and phosphorus trend indicator changes.
17
19 143-215.6C; 143-215.8B(b);143 215.8B; 143B-282(c); 143B-282(d); S.L. 2001-355; S.L. 2005-
20 190; S.L. 2006-259;
21 Eff. July 1, 2008.
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2
3 15A NCAC 02B .0265 JORDAN WATER SUPPLY NUTRIENT STRATEGY: STORMWATER
4 MANAGEMENT FOR NEW DEVELOPMENT
5 The following is the stormwater strategy for new development activities within the Jordan watershed, as prefaced in
6 Rule 15A NCAC 02B .0262:
7 (1) PURPOSE. The purposes of this Rule are as follows:
8 (a) To achieve and maintain the nitrogen and phosphorus loading goals established for
9 Jordan Reservoir in Rule 15A NCAC 02B .0262 from lands in the Jordan watershed on
10 which new development occurs;occurs. New development is development that occurs
11 subsequent to the effective date of, and is subject to, local stormwater management
12 programs established under this Rule;
13 (b) To provide control for stormwater runoff from new development in Jordan watershed to
14 ensure that the integrity and nutrient processing functions of receiving waters and
15 associated riparian buffers are not compromised by erosive flows; and
16 (c) To protect the water supply uses of Jordan Reservoir and of designated water supplies
17 throughout the Jordan watershed from the potential impacts of new development.
18 (2) APPLICABILITY. This Rule shall apply to those areas of new development, as defined in Rule
19 15A NCAC 2B .0263, that lie within the Jordan watershed and the planning jurisdiction of a
20 municipality or county municipalities and counties in the Jordan watershed as that is identified in
21 Rule 15A NCAC 02B .0262.
22 (3) REQUIREMENTS. All local governments subject to this Rule shall develop stormwater
23 management programs for submission to and approval by the CommissionCommission, to be
24 implemented in areas described in Item (2) of this Rule, based on the standards in this item:
25 incorporating the following minimum standards:
26 (a) An approved stormwater management plan shall be required for all proposed new
27 development within their jurisdictions disturbing one acre or more for single family and
28 duplex residential property and recreational facilities, and one-half acre or more for
29 commercial, industrial, institutional, or multifamily residentialresidential, or local
30 government property. These stormwater plans shall not be approved by the subject local
31 governments unless the following criteria are met:
32 (i) Nitrogen and phosphorus loads contributed by the proposed new development
33 activity in a given subwatershed shall not exceed certain the unit-area mass
34 loading rates. rates applicable to that subwatershed as follow for nitrogen and
35 phosphorus, respectively, These loading rates shall be calculated as the
36 percentage reduction goals established in Rule 15A NCAC 02B .0262 for the
37 subwatershed or subwatersheds in which the development occurs, applied to
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1 area-weighted average loading rates of developable lands in the same

2 subwatershed or subwatersheds. These area-weighted average loading rates
3 shall be derived from land use and loading data representative of the baseline
4 period defined in Rule 15A NCAC 02B .0262. Initial values for nitrogen and
5 phosphorus loading rate targets respectively in each subwatershed shall be the
6 following, expressed in units of pounds per acre per year: 2.2 and 0.82 in the
7 Upper New Hope; 4.4 and 0.78 in the Lower New Hope; and 3.8 and 1.43 in the
8 Haw. The Division may adjust these initial values based on improved land use
9 and loading data or based on modifications to the strategy reduction goals in
10 Section (7) of Rule 15A NCAC 02B .0262. The developer shall determine the
11 need for engineered stormwater controls to meet these loading rate targets by
12 using the loading calculation method called for in Sub-Item (4)(a) or other
13 similar equivalent method acceptable to the Division.
14 (ii) Proposed new development undertaken by a local government solely as a public
15 road project shall be deemed compliant with the purposes of this Rule if it meets
16 the riparian buffer protection requirements of Rules 15A NCAC 02B .0267 and
17 .0268.
18 (ii)(iii) Proposed new development subject to NPDES, water supply, and other state-
19 mandated stormwater regulations shall comply with those regulations in addition
20 to the other requirements of this Sub-Item. Proposed new development in any
21 water supply watershed in the Jordan watershed designated WS-II, WS-III, or
22 WS-IV shall comply with the density-based restrictions, obligations, and
23 requirements for engineered stormwater controls, clustering options, and 10/70
24 provisions described in Sections (3)(b)(i) and (3)(b)(ii) of the applicable Rule
25 among Rules 15A NCAC 02B .0214 through .0216;
26 (iii)(iv) Stormwater systems shall be designed to control and treat the runoff generated
27 from all surfaces by one inch of rainfall. The treatment volume shall be drawn
28 down no faster than 48 hours and no slower than 120 hours.pursuant to
29 standards specific to each practice as provided in the July 2007 version of the
30 Stormwater Best Management Practices Manual published by the Division, or
31 other at least technically equivalent standards acceptable to the Division.
32 Treatment systems shall achieve an 85 percent average annual removal rate for
33 Total Suspended Solids. To ensure that the integrity and nutrient processing
34 functions of receiving waters and associated riparian buffers are not
35 compromised by erosive flows, stormwater flows from the new development
36 shall not contribute to degradation of waters of the State. At a minimum, the
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1 new development shall not result in a net increase in peak flow leaving the site
2 from pre-development conditions for the one-year, 24-hour storm event;
3 (iv)(v) Proposed new development that would replace or expand structures or
4 improvements that existed as of December 2001, the end of the baseline period,
5 and that would not result in a net increase in built-upon area shall not be
6 required to meet the nutrient loading targets or high-density requirements except
7 to the extent that it shall provide at least equal stormwater control at least equal
8 to the previous development. Proposed new development that would replace or
9 expand existing structures or improvements and would result in a net increase in
10 built-upon area shall have the option to either to achieve at least the percentage
11 loading reduction goals stated in Rule 15A NCAC 02B .0262 as applied to
12 nitrogen and phosphorus loading from the previous development for the entire
13 project site, or to meet the loading rate targets described in Section (3)(a)(i).
14 These requirements shall supersede those identified in Rule 15A NCAC 02B
15 .0104(q);
16 (v)(vi) Proposed new development shall comply with the riparian buffer protection
17 requirements of Rules 15A NCAC 02B .0267 and .0268; and
18 (vi)(vii) Developers shall have the option of partially offsetting part of their nitrogen and
19 phosphorus loads by implementing or funding offsite management
20 measures.measures as follows: These offsite offsetting measures shall achieve
21 at least equivalent reductions in nitrogen and phosphorus loading to the
22 remaining reduction needed onsite to comply with Sub-Item (3)(a)(i) of this
23 Rule. Before using offsite offset options, a development shall attain a maximum
24 nitrogen loading rate on-site of four pounds per acre per year for single-family,
25 detached and duplex residential development and eight pounds per acre per year
26 for other development, including multi-family residential, commercial and
27 industrial and shall meet any requirements for engineered stormwater controls
28 described in Section (3)(a)(iii) of this Rule.Developers Offsite offsetting
29 measures shall achieve at least equivalent reductions in nitrogen and phosphorus
30 loading to the remaining reduction needed onsite to comply with the loading rate
31 targets set out in Sub-Item (3)(a)(i) of this Rule. A developer may utilize the
32 offset option provided in Rule 15A NCAC 02B .0240 for this purpose,
33 contingent upon acceptance of their offset proposals by the NC Ecosystem
34 Enhancement Program. make offset payments to the NC Ecosystem
35 Enhancement Program contingent upon acceptance of payments by that
36 Program. Alternatively, developersA developer may use an offset option
37 provided by the local government in which the development activity
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1 occurs.occurs, provided that the local government has received prior approval
2 from the Division for the offsetting activity pursuant to Rule 15A NCAC 02B
3 .0269. A developer may propose other offset measures to the local government,
4 including providing his or her own offsite offset or utilizing a private seller. All
5 offset measures identified in this Sub-Item shall meet the requirements of Rule
6 15A NCAC 02B .0273 (2) through (4).Before using off-site offset options, the
7 development shall meet any requirements for engineered stormwater controls
8 described in Section (3)(a)(ii) of this Rule and under NPDES Phase II
9 regulations, and shall attain a maximum nitrogen loading rate of four
10 pounds/acre/year for single-family, detached and duplex residential development
11 and 8 pounds/acre/year for other development, including multi-family
12 residential, commercial and industrial.
13 (b) A plan to ensure maintenance of best management practices (BMPs) implemented as a
14 result of the provisions in Sub-Item (3)(a) of this Rule for the life of the development;
15 (c) A plan to ensure enforcement and compliance with the provisions in Sub-Items Sub-Item
16 (3)(a) of this Rule for the life of the new development; and
17 (d) The following requirements in water supply Rule 15A NCAC 02B .0104 shall apply to
18 new development throughout the Jordan watershed:
19 (i) Requirements in Section (f) for local governments to assume ultimate
20 responsibility for operation and maintenance of high-density stormwater
21 controls, to enforce compliance, to collect fees, and other measures;
22 (ii) Variance procedures in Section (r);
23 (iii) Assumption of local programs by the Commission in Section (x); and
24 (iv) Delegation of Commission authorities to the Director in Section (aa); and(aa).
25 (v) Other development-related requirements in Rule 15A NCAC 02B .0104, unless
26 expressly modified by requirements in this Rule, shall also apply throughout
27 Jordan watershed.
28 (4) RULE IMPLEMENTATION. This Rule shall be implemented as follows:
29 (a) Within 12 18 months after the effective date of this Rule, the Division shall submit a
30 model local stormwater program, including a model local ordinance, in conjunction with
31 similar requirements in Rule 15A NCAC 02B .0266, that embodies the criteria described
32 in Item (3) of this Rule to the Commission for approval. The model program shall
33 include a tool that will allow developers to account for nutrient loading from
34 development lands and loading changes due to BMP implementation to meet the
35 requirements of Item (3) of this Rule. The accounting tool shall utilize nutrient
36 efficiencies and associated design criteria established for individual BMPs in the July
37 2007 version of the Stormwater Best Management Practices Manual published by the
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1 Division, or other at least technically equivalent standards acceptable to the Division.

2 The Division shall work in cooperation with subject local governments and other
3 watershed interests in developing this model program;
4 (b) Within six months after the Commission’s approval of the model local stormwater
5 program, program and model ordinance, subject local governments shall submit
6 stormwater management programs, in conjunction with similar requirements in Rule 15A
7 NCAC 02B .0266, to the Division for preliminary approval. These local programs shall
8 meet or exceed the requirements in Item (3) of this Rule;Rule and minimum criteria
9 established in the model;
10 (c) Within 15 months after the Commission’s approval of the model local stormwater
11 program, the Division shall request the Commission’s approval of the local stormwater
12 management programs; provide recommendations to the Commission on local
13 stormwater programs. The Commission shall either approve the programs or require
14 changes based on the standards set out in Item (3) of this Rule. Should the Commission
15 require changes, the applicable local government shall have two months to submit
16 revisions, and the Division shall provide follow-up recommendations to the Commission
17 within two months after receiving revisions;
18 (d) Within 18 months after the Commission’s approval of the model local stormwater
19 program, three months after the Commission’s approval of a local program, or upon the
20 Division’s first renewal of a local government’s National Pollutant Discharge Elimination
21 System (NPDES)NPDES stormwater permit, whichever occurs later, subject the affected
22 local governmentsgovernment shall complete adoption of and implement their its local
23 stormwater management programs;program; and
24 (e) Upon implementation, subject local governments shall submit annual reports to the
25 Division summarizing their activities in implementing each of the requirements in Item
26 (3) of this Rule, including changes to nutrient loading due to implementation of Sub-Item
27 (3)(a) of this Rule.
28 (5) RELATIONSHIP TO OTHER REQUIREMENTS. Local governments shall have the following
29 options with regard to satisfying the requirements of other rules in conjunction with this Rule:
30 (a) A local government may in its program submittal under Sub-Item (4)(b) of this Rule request
31 that the Division accept the local government’s implementation of another stormwater
32 program or programs, such as NPDES municipal stormwater requirements, as satisfying one
33 or more of the requirements set forth in Item (3) of this Rule. The Division will provide
34 determination on acceptability of any such alternatives prior to requesting Commission
35 approval of local programs as required in Sub-Item (4)(c) of this Rule. The local government
36 shall include in its program submittal technical information demonstrating the adequacy of the
37 alternative requirements. Where requirements of this Rule exceed those in an NPDES permit,
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1 a local government shall meet the requirements of this Rule upon the first renewal of its
2 NPDES permit.
3 (b)Local governments that are required to reduce nutrient loading from existing development
4 under Rule 15A NCAC 02B .0266 may require new development to achieve load reductions in
5 excess of those required to meet the unit-area mass loading rate targets described in this Rule and
6 credit the additional reductions toward the loading goals for existing developed areas.
7
8 History Note: Authority G. S. 143-214.1; 143-214.5; 143-214.7; 143-214.12; 143-214.21; 143-215.3(a)(1); 143-
9 215.6A; 143-215.6B; 143-215.6C; 143-282(d); 143-215.8B(b);143 215.8B; 143B-282(c); 143B-
10 282(d); S.L. 2005-190; S.L. 2006-259;
11 Eff. July 1, 2008
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2
4 MANAGEMENT FOR EXISTING DEVELOPMENT
5 This Rule establishes an adaptive approach by which municipalities and counties are to contribute to achieving the
6 nonpoint source loading goals of the Jordan nutrient strategy by reducing or otherwise offsetting nutrient
7 contributions from existing developmentexisting developed lands. It provides local governments three and one-half
8 years to conduct feasibility studies from which they shalldevelop plans that propose the pace and nature of
9 implementation actions in plans to the Division, which they shall initiate within four and one-half years after the
10 effective date of this Rule as specified in Sub-Item (4). The following is the watershed stormwater strategy for
11 existing development in the Jordan watershed, as prefaced in Rule 15A NCAC 02B .0262:
12 (1) PURPOSE. The purposes of this Rule are as follows:
13 (a) To contribute to achieving achieve and maintaining maintain the nonpoint source
14 nitrogen and phosphorus percentage reduction goals established for Jordan Reservoir in
15 Rule 15A NCAC 2B .0262 on nutrient loading from existing development in the Jordan
16 watershed relative to the baseline period defined in that Rule.Rule by reducing loading
17 from existing development in the Jordan watershed. Existing development is
18 development that exists is defined in Rule 15A NCAC 2B .0263; andas of the effective
19 date of local stormwater management programs established under Rule 15A NCAC 02B
20 .0265, or development that occurs after the effective date of those programs but is not
21 subject to the requirements of those programs, such as vested projects and redevelopment
22 that does not yield a net increase in built-upon area.
23 (b) To protect the water supply uses of Jordan Reservoir and of designated water supplies
24 throughout the Jordan watershed.
25 (2) APPLICABILITY. This Rule shall apply to municipalities and counties in the Jordan watershed
26 as identified in Rule 15A NCAC 02B .0262. .0262(6). A local government’s load reduction need
27 shall be based on the developed lands that fall within its general police powers and within the
28 Jordan watershed. The load reduction need shall not include lands under state or federal control,
29 and a county shall not include lands within its jurisdictional boundaries that are under municipal
30 police powers.
31 (3) REQUIREMENTS. All local governments subject to this Rule shall develop stormwater
32 management programs for submission to and approval by the Commission that include the
33 following elements and meet according to the following associated minimum standards:
34 (a) A load reduction program for achieving sustained and maintaining nutrient loading
35 reductions from existing development. This program shall meet the following criteria:
36 (i) The long-term objective of this load reduction program shall be for a local
37 government to achieve the percentage nutrient loading load reduction goals in
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1 Item (3) of Rule 15A NCAC 02B .0262 relative to annual mass loading load, in
2 pounds per year, representative of the baseline period defined in that Rule and as
3 applied toreaching Jordan Reservoir from existing development developed lands
4 under the local government’s land use authoritypolice powers within each of the
5 three subwatersheds, defined in that rule, that fallsfall within its jurisdiction.
6 The load reduction need shall not include lands under state or federal control,
7 and a county shall not include lands within its jurisdictional boundaries that are
8 under municipal police powers. Loading shall be calculated by applying the
9 Tar-Pamlico Nutrient Export Calculation Worksheet, Piedmont Version, dated
10 October 2004, or an equivalent or more accurate method acceptable to the
11 Division, to acreages of different types of existing development. To provide
12 local governments spatial latitude to obtain reductions in different locations,
13 loads thus calculated shall be converted to delivered loads to Jordan Reservoir
14 using transport factors established in the Division document, Nitrogen and
15 Phosphorus Delivery from Small Watersheds to Jordan Lake, dated June 30,
16 2002. In addressing this long-term objective, aA local government shall include
17 estimates of, and plans for offsetting, nutrient loading increases from lands
18 developed subsequent to the baseline period but prior to implementation of new
19 development programs. For these post-baseline developed lands, the new
20 loading rate shall be compared to the applicable loading rate target in Sub-Item
21 (3)(a)(i) of Rule 15A NCAC 02B .0265 for the subwatershed and acres
22 involved, and the difference shall constitute the load reduction need. Should
23 percentage reduction goals be adjusted pursuant to Section (7) of Rule 15A
24 NCAC 02B .0262, then the annual loading goals established in this Sub-Section
25 shall be adjusted accordingly. Note: A local government may seek supplemental
26 funding for implementation of load-reducing activities through grant sources
27 such as the North Carolina Clean Water Management Trust Fund, the North
28 Carolina Clean Water Act Section 319 Grant Program Program, or other funding
29 programs for nonpoint sources;
30 (ii) The load reduction program shall include a plan and supporting technical
31 analysis for achieving half of each load reduction goal within 10 years after the
32 effective date of this Rule. A load reduction program may propose an
33 alternative compliance timeframe provided it includes a technical analysis that
34 demonstrates the need for that timeframe. At 10 years after the effective date of
35 this Rule, the local government shall submit a revised load reduction program
36 that shall include a plan and timeframes for achieving the remainder of each
37 load reduction goal based on additional technical analysis. A program technical
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1 analysis shall examine the feasibility of achieving stated goals and shall consider
2 factors such as magnitude of reduction need relative to area within a
3 subwatershed, the potential for utilizing the range of load-reducing activities
4 listed in Sub-Item (3)(a)(iv), and relative costs and efficiencies of each activity
5 to the extent information is available. The load reduction program shall propose
6 implementation rates and timeframes for each activity. The results of a
7 feasibility study to determine the extent to which the loading goals referenced in
8 this Rule may be achieved from existing development within a local
9 government’s jurisdiction through reducing activities. The local government
10 shall develop a proposed implementation rate and compliance schedule for
11 reducing activities. This schedule shall provide for reasonable and
12 steadyproportionate annual progress toward reduction goals throughout the
13 proposed compliance period; the reduction goals as practicable, that is, capable
14 of being put into practice, done, or accomplished.
15 (iii) The load reduction program shall identify specific load-reducing practices
16 implemented to date subsequent to the baseline period and for which the local
17 government is seeking credit. It shall estimate load reductions for these
18 practices using methods provided for in Sub-Item (4)(a),(4)(b), and their
19 anticipated duration;
20 (iv) The load reduction program shall identify the types of activities the local
21 government intends to implement and types of existing development affected,
22 relative proportions or a prioritization of practices, and the relative magnitude of
23 reductions it expects to achieve from each. A local government may earn
24 reduction credit toward the requirements of this Item for any nitrogen or
25 phosphorus load reductions in excess of those required by other rules in this
26 Chapter. The program shall identify the duration of anticipated loading
27 reductions, and should may seek activities that provide sustained, long-term
28 reductions. The load reduction program shall meet the requirements of Rule
29 15A NCAC 02B .0273. Potential load-reducing activities may include but
30 would not be limited to stormwater activities such as street sweeping,sweeping;
31 improvement of existing ponds and stormwater structures; removal of existing
32 built-upon area, area; retrofitting of existing development with engineered best
33 management practices (BMPs),(BMPs); requiring treatment of runoff in
34 redevelopment projects, projects; requiring over-treatment of runoff in new
35 development projects, projects; source control activities such as pet waste
36 reduction and fertilization reduction; alternative stormwater practices such as
37 rain barrels, cisterns, downspout disconnections, and stormwater capture and
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1 reuse; restoration of ecological communities such as streams and riparian

2 buffers; and adoption of fertilizer management ordinances or fertilizer education
3 programs, and wastewater activities such as overtreatment atcreation of surplus
4 allocation through advanced treatment at publicly owned treatment works
5 (POTW), expansion of surplus allocation through regionalization, collection
6 system improvements, removal of illegal discharges, and connection of onsite
7 wastewater systems and discharging sand filter systems to central sewer;
8 (v) The load reduction program shall identify anticipated funding mechanisms or
9 sources and discuss steps taken or planned to secure such funding; and
10 (vi) A municipality shall have the option of working with the county or counties in
11 which it falls, or with another municipality or municipalities within the same
12 subwatershed, to jointly meet the loading targets from all lands within their
13 combined jurisdictions within a subwatershed. A local government may utilize
14 private or third party sellers. All reductions shall meet the requirements of Rule
15 15A NCAC 02B .0273; and
16 (vii) A local government may choose to conduct monitoring of stream flows and
17 runoff from catchments to quantify disproportionately high loading rates relative
18 to those used in the accounting methods stipulated under Sub-Item (4)(b), and to
19 subsequently target load-reducing activities to demonstrated high-loading source
20 areas within such catchments for proportionately greater load reduction. A local
21 government may propose such actions in its initial load reduction program
22 submittal or at any time subsequent, and shall obtain Division approval of the
23 monitoring design. It shall obtain Division approval of any resulting load
24 reduction benefits based on the standards set out in this Rule. As set out in Item
25 (4) of this Rule, a local government that chooses such monitoring initially may
26 delay submittal of its load reduction program by one year for the purpose of
27 incorporating monitoring findings into its program design provided it submits to
28 the Division within six months of the effective date of this Rule a satisfactory
29 monitoring proposal involving at least one year of up-front monitoring, executes
30 the monitoring, and provides the results to the Division as part of its load
31 reduction program submittal.
32 (b) An existing development administrative program that includes the following components
33 and meets the applicable standards set out in 40 CFR 122.34 and the most recent version
34 of NC NPDES General Permit NCG 230000:
35 (i) A component to ensure maintenance of load reductions achieved as a result of
36 the provisions in Sub-Item (3)(a) of this Rule for the life of the development;
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1 (c)(ii) A public education program component to inform citizens, business, and

2 industry of how to reduce nutrient pollution, pollution including education on
3 home fertilization practices;
4 (d)(iii) A mapping program component that includes major components of the
5 municipal separate storm sewer system, waters of the State, land use types, and
6 location of sanitary sewers; and
7 (b)(iv) A program component to identify and remove illegal discharges.
8 (4) RULE IMPLEMENTATION. This Rule shall be implemented as follows:
9 (a) Within six months after the effective date of this Rule, any local government that intends
10 to use water quality monitoring to guide the initial design of its load reduction program
11 shall provide a monitoring design to the Division. The Division shall notify any such
12 local government of the adequacy of its design within three months of submittal. If a
13 local government’s monitoring design is deemed adequate, it may delay submittal of its
14 load reduction program by up to one year from the timeframe given in Sub-Item (4)(f) of
15 this Rule, whereupon the same time interval would be added to the approval and
16 implementation timeframes given in Sub-Items (4)(g) – (4)(i) of this Rule;
17 (a)(b) Within 12 18 months after the effective date of this Rule, the Division shall submit a
18 model local stormwater program, in conjunction with similar requirements in Rule 15A
19 NCAC 02B .0265, that embodies the criteria described in Item (3) of this Rule, including
20 model local ordinances as applicable, and including methods to quantify loading
21 reduction requirements, requirements and resulting loading reduction assignments for
22 individual local governments, and methods to account for loading reductions reduction
23 credits from various activities, to the Commission for approval. The Division shall work
24 in cooperation with subject local governments and other watershed interests in
25 developing this model program;
26 (b)(c) Within six months after the Commission’s approval of the model local stormwater
27 program, program and model ordinance, subject local governments shall submit
28 stormwater managementexisting development administrative programs programs, in
29 conjunction with similar requirements in Rule 15A NCAC 02B .0265, that meet or
30 exceed the requirements of Sub-Item (3)(b) of this Rule to the Division for review and
31 preliminary approval;approval. Except for the requirements in Sub-Item (3)(a) of this
32 Rule, local programs shall address and meet or exceed the requirements in Item (3) of this
33 Rule and ensuing minimum criteria established in the model;
34 (c)(d) Within 15 12 months of the Commission’s approval of the model local stormwater
35 program, the Division shall request the Commission’s approval of the local stormwater
36 management programs addressing the requirements of Item 3 except those in Sub-Item
37 (3)(a); provide recommendations to the Commission on existing development
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1 administrative programs. The Commission shall either approve the programs or require
2 changes based on the standards set out in Sub-Item (3)(b) of this Rule. Should the
3 Commission require changes, the applicable local government shall have two months to
4 submit revisions, and the Division shall provide follow-up recommendations to the
5 Commission within two months after receiving revisions;
6 (d)(e) Within 18 15 months of the Commission’s approval of the model local stormwater
7 program, three months after the Commission’s approval of a local existing development
8 administrative program, or upon the Division’s first renewal of a local government’s
9 NPDES stormwater permit, whichever occurs later, subject the affected local
10 governmentsgovernment shall complete adoption of and begin implementation of local
11 stormwater managementits existing development administrative program; programs
12 addressing the requirements of Item 3 except those in Sub-Item (3)(a); and
13 (e)(f) Within 36 24 months after the effective date of this RuleCommission’s approval of the
14 model local program, subject local governments shall submit loading reduction programs
15 addressing that meet or exceed the requirements of Sub-Item (3)(a) of this Rule Rule,to
16 the Division for review and preliminary approval;including the following regarding Sub-
17 Item (3)(a)(i) of this Rule:
18 (i)The results of feasibility studies that determine the extent to which the loading goals referenced
19 in this Rule may be achieved from existing development lands within their jurisdictions.
20 (ii)A proposed implementation schedule for load reduction projects.
21 (f)(g) Within 46 34 months of the effective date of this Ruleafter the Commission’s approval of
22 the model local program, the Division shall request the Commission’s approval ofprovide
23 recommendations to the Commission on local load reduction programs.programs
24 submitted under Sub-Item (4)(e) of this Rule. The Commission shall either approve the
25 programs or require changes.changes based on the standards set out in Sub-Item (3)(a) of
26 this Rule. Should the Commission require changes, the applicable local government shall
27 have two months to submit revisions, and the Division shall address those changes and
28 seek provide follow-up recommendations to the Commission approval at the earliest
29 feasible date subsequent to the original request.within two months after receiving
30 revisions;
31 (g)(h) Within 48 months of the effective date of this Rule, or within two three months following
32 Commission approval of a load reduction program, whichever is later, subject local
33 governments shall complete adoption of and begin to implement local load reduction
34 programs;programs on the timeframe established under the feasibility study.
35 (h)(i) Upon implementation of the programs required under Item (3) of this Rule, local
36 governments shall provide annual reports to the Division documenting their progress in
37 implementing the those requirements within three months following each anniversary of
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1 program implementation date;requirements of Item (3) of this Rule, including changes to

2 nutrient loading due to implementation of Sub-Item (3)(a) of this Rule.
3 (j) With the annual report following the tenth year after the effective date of this rule, local
4 governments shall submit revised load reduction programs that include a plan and
5 timeframes for achieving the remainder of each load reduction goal to the Division for
6 preliminary approval. Within nine months after submittal, the Division shall make
7 recommendations to the Commission on approval of these revised load reduction
8 programs. The Commission shall either approve the programs or require changes based
9 on the standards set out in this rule. Should the Commission require changes, the
10 applicable local governments shall submit revisions within two months, and the Division
11 shall provide follow-up recommendations to the Commission within three months after
12 receiving revisions. Local governments shall continue to implement load reduction
13 programs during review and approval of revisions.
14 (k) A local government may, at any time after commencing implementation of its load
15 reduction program, submit program revisions to the Division for approval based on
16 identification of more cost-effective strategies or other factors not originally recognized;
17 and
18 (l) At least every 10 years after the effective date, the Division shall review the accounting
19 methods stipulated under Sub-Item (4)(b) to determine the need for revisions to those
20 methods and to loading reductions assigned using those methods. Its review shall include
21 values subject to change over time independent of changes resulting from implementation
22 of this rule, such as untreated export rates that may change with changes in atmospheric
23 deposition. It shall also review values subject to refinement, such as nutrient removal
24 efficiencies.
25 (5) RELATIONSHIP TO OTHER REQUIREMENTS. A local government may in its program
26 submittal under Sub-Item (4)(b)Item (4)(c) of this Rule request that the Division accept the local
27 government’s implementation of another stormwater program or programs, such as NPDES
28 municipal stormwater requirements, as satisfying one or more of the requirements set forth in Item
29 (3) of this Rule. The Division will provide determination on acceptability of any such alternatives
30 prior to requesting Commission approval of local programs as required in Sub-Items (3)(a) and
31 (3)(b) under Item (4) of this Rule. The local government shall include in its program submittal
32 technical information demonstrating the adequacy of the alternative requirements. Where
33 requirements of this Rule exceed those in a NPDES permit, a local government shall meet the
34 requirements of this Rule upon the first renewal of its NPDES permit.
35
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1 History Note: Authority G.S. 143-214.1; 143-214.5; 143-214.7; 143-214.12; 143-214.21; 143-215.3(a)(1); 143-
2 215.6A; 143-215.6B; 143-215.6C; 143-282(d); 143 215.8B;143-215.8B(b); 143B-282(c); 143B-
3 282(d); S.L. 2005-190; S.L. 2006-259;
4 Eff. July 1, 2008.
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2
3 15A NCAC 02B .0267 JORDAN WATER SUPPLY NUTRIENT STRATEGY: PROTECTION OF
4 EXISTING RIPARIAN BUFFERS
5 Protection of the nutrient removal and other water quality benefitsservices provided by riparian buffers throughout
6 the watershed is an important element of the overall Jordan water supply nutrient strategy. The following is the
7 strategy for riparian buffer protection and maintenance in the Jordan watershed, as prefaced in Rule 15A NCAC 02B
8 .0262:
9 (1) PURPOSE. The purposes of this Rule shall be for the local governments listed in 15A NCAC
10 02B .0262, and in certain cases stated in this Rule the Division, to protect and preserve existing
11 riparian buffers throughout the Jordan watershed as generally described in Rule 15A NCAC 02B
12 .0262, in order to maintain their nutrient removal and stream protection functions. Additionally
13 this Rule will help protect the water supply uses of Jordan Reservoir and of designated water
14 supplies throughout the Jordan watershed. Local programs shall be establishedgovernments shall
15 establish programs to meet or exceed the minimum requirements of this Rule. However, the
16 Division shall assume responsibility for applying the requirements of this Rule to buffer activities
17 by state and federal entities. The requirements of this Rule shall supersede all locally
18 implemented buffer requirements stated in Rules 15A NCAC 02B .0214 through .0216 as applied
19 to WS-II, WS-III, and WS-IV waters in the Jordan watershed. Parties Local governments subject
20 to this rule Rule may choose to implement more stringent rules,requirements, including the one-
21 hundred foot buffer requirement set out in Section (3)(b)(i) of Rules 15A NCAC 02B .0214
22 through .0216 for high-density developmentsrequiring additional buffer width.
23 (2) DEFINITIONS. For the purpose of this Rule, these terms shall be defined as follows:
24 (a) ‘Access Trails’ means pedestrian trails constructed of pervious or impervious surfaces
25 and related structures to access a surface water, including boardwalks, steps, rails,
26 signage.
27 (b)‘Archaeological Activities’ means activities conducted by a Registered Professional
28 Archaeologist (RPA).
29 (c)(b) ‘Airport Facilities’ means all properties, facilities, buildings, structures, and activities that
30 satisfy or otherwise fall within the scope of one or more of the definition or uses of the
31 words or phrases ‘air navigation facility’, ‘airport’, or ‘airport protection privileges’
32 under G.S. 63-1; the definition of ‘aeronautical facilities’ in G.S. 63-79(1); the phrase
33 ‘airport facilities’ as used in G.S. 159-48(b)(1); the phrase ‘aeronautical facilities’ as
34 defined in G.S. 159-81 and G.S. 159-97; and the phrase ‘airport facilities and
35 improvements’ as used in Article V, Section 13, of the North Carolina Constitution,
36 which shall include, without limitation, any and all of the following: airports, airport
37 maintenance facilities, clear zones, drainage ditches, fields, hangars, landing lighting,
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1 airport and airport-related offices, parking facilities, related navigational and signal
2 systems, runways, stormwater outfalls, terminals, terminal shops, and all appurtenant
3 areas used or suitable for airport buildings or other airport facilities, and all appurtenant
4 rights-of-way; restricted landing areas; any structures, mechanisms, lights, beacons,
5 marks, communicating systems, or other instrumentalities or devices used or useful as an
6 aid, or constituting an advantage or convenience to the safe taking off, navigation, and
7 landing of aircraft, or the safe and efficient operation or maintenance of an airport or
8 restricted landing area; easements through, or interests in, air space over land or water,
9 interests in airport hazards outside the boundaries of airports or restricted landing areas,
10 and other protection privileges, the acquisition or control of which is necessary to ensure
11 safe approaches to the landing areas of airports and restricted landing areas, and the safe
12 and efficient operation of thereof’thereof and any combination of any or all of such
13 facilities. Notwithstanding the foregoing, the following shall not be included in the
14 definition of ‘airport facilities’:
15 (i) Satellite parking facilities;
16 (ii) Retail and commercial development outside of the terminal area, such as rental
17 car facilities; and
18 (iii) Other secondary development, such as hotels, industrial facilities, free-standing
19 offices and other similar buildings, so long as these facilities are not directly
20 associated with the operation of the airport, and are not operated by a unit of
21 government or special governmental entity such as an airport
22 authority.authority, in which case they are included in the definition of ‘airport
23 facilities’:
24 (c)‘Channel’ means a natural water-carrying trough cut vertically into low areas of the land
25 surface by erosive action of concentrated flowing water or a ditch or canal excavated for the
26 flow of water.
27 (e) ‘DBH’ means diameter at breast height of a tree measured at 4.5 feet above ground surface
28 level.
29 (d) ‘Ditch or canal’ means a man-made channel other than a modified natural stream constructed
30 for drainage purposes that is typically dug through inter-stream divide areas. A ditch or
31 canal may have flows that are perennial, intermittent, or ephemeral and may exhibit
32 hydrological and biological characteristics similar to perennial or intermittent streams.
33 (e)‘Ephemeral (stormwater) stream’ means a feature that carries only stormwater in direct
34 response to precipitation with water flowing only during and shortly after large
35 precipitation events. An ephemeral stream may or may not have a well-defined channel,
36 the aquatic bed is always above the water table, and stormwater runoff is the primary
37 source of water. An ephemeral stream typically lacks the biological, hydrological, and
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1 physical characteristics commonly associated with the continuous or intermittent

2 conveyance of water.
3 (c) ‘Forest management plan’ means as defined in Chapter 160A-458.5(4).
4 (e)(d) ‘Forest plantation’ means an area of planted trees that may be conifers (pines) or
5 hardwoods. On a plantation, the intended crop trees are planted rather than naturally
6 regenerated from seed on the site, coppice (sprouting), or seed that is blown or carried
7 into the site.
8 (f)(e) ‘Greenway / Hiking Trails’ means pedestrian trails constructed of pervious and or
9 impervious surfaces and related structures including but not limited to boardwalks, steps,
10 rails, and signage, and that generally run parallel to the shoreline.
11 (g)(f) ‘High Value Tree’ means a tree that meets or exceeds the following standards: for pine
12 species, 14-inch DBH or greater or 18-inch or greater stump diameter; and,or for
13 hardwoods and wetland species, 16-inch DBH or greater or 24-inch or greater stump
14 diameter.
15 (i) ‘Intermittent stream’ means a well-defined channel that contains water for only part of
16 the year, typically during winter and spring when the aquatic bed is below the water
17 table. The flow may be heavily supplemented by stormwater runoff. An intermittent
18 stream often lacks the biological and hydrological characteristics commonly associated
19 with the conveyance of water.
20 (j) ‘Modified natural stream’ means an on-site channelization or relocation of a stream
21 channel and subsequent relocation of the intermittent or perennial flow as evidenced by
22 topographic alterations in the immediate watershed. A modified natural stream must have
23 the typical biological, hydrological, and physical characteristics commonly associated with
24 the continuous conveyance of water.
25 (k) ‘Perennial stream’ means a well-defined channel that contains water year round during a
26 year of normal rainfall with the aquatic bed located below the water table for most of the
27 year. Groundwater is the primary source of water for a perennial stream, but it also carries
28 stormwater runoff. A perennial stream exhibits the typical biological, hydrological,
29 and physical characteristics commonly associated with the continuous conveyance of
30 water.
31 (l) ‘Perennial waterbody’ means a natural or man-made watershed that stores surface water
32 permanently at depths sufficient to preclude growth of rooted plants, including lakes,
33 ponds, sounds, non-stream estuaries and ocean. For the purpose of the State’s riparian
34 buffer protection program, the waterbody must be part of a natural drainage way (i.e.,
35 connected by surface flow to a stream).
36 (m) ‘Riparian buffer enhancement’ is defined as the process of converting a non-forested
37 riparian area, where woody vegetation is sparse (greater than or equal to 100 trees per acre
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1 but less than 200 trees per acre) to a forested riparian buffer area. The enhanced, forested
2 riparian buffer area shall include at least two native hardwood tree species planted at a
3 density sufficient to provide 320 trees per acre at three years or 260 trees per acre five
4 years, and diffuse flow through the riparian buffer shall be maintained.
5 (n) ‘Riparian buffer restoration’ is defined as the process of converting a non-forested
6 riparian area, where woody vegetation is absent (less than 100 trees per acre) to a forested
7 riparian buffer area. The restored, forested riparian buffer area shall include at least two
8 native hardwood tree species planted at a density sufficient to provide 320 trees per acre
9 at three years or 260 trees per acre at five years, and diffuse flow through the riparian
10 buffer shall be maintained.
11 (q)(g) ‘Shoreline stabilization’ is the in-place stabilization of an eroding shoreline. Stabilization
12 techniques which include “soft” methods or natural materials (such as root wads, or rock
13 vanes) may be considered as part of a restoration design. However, stabilization
14 techniques that consist primarily of “hard” engineering, such as concrete lined channels,
15 rip rap, or gabions, while providing bank stabilization, shall not be considered stream
16 restoration.
17 (r)(h) ‘Stream restoration’ is defined as the process of converting an unstable, altered or
18 degraded stream corridor, including adjacent riparian zone and flood-prone areas to its
19 natural or referenced, stable conditions considering recent and future watershed
20 conditions. This process also includes restoring the geomorphic dimension, pattern, and
21 profile as well as biological and chemical integrity, including transport of water and
22 sediment produced by the stream’s watershed in order to achieve dynamic equilibrium.
23 ‘Referenced’ or ‘referenced reach’ means a stable stream that is in dynamic equilibrium
24 with its valley and contributing watershed. A reference reach can be used to develop
25 natural channel design criteria for stream restoration projects. ‘Stream’ means a body of
26 concentrated flowing water in a natural low area or natural channel on the land surface.
27 (s)(i) ‘Stump diameter’ means the diameter of a tree measured at six inches above the ground
28 surface level.
29 (r) ‘Surface waters’ means all waters of the state as defined in G.S. 143-212 except underground
30 waters.
31 (u)(j) ‘Temporary road’ means a road constructed temporarily for equipment access to build or
32 replace hydraulic conveyance structures such as bridges, culverts, or pipes or water
33 dependent structures, or to maintain public traffic during construction.construction and is
34 restored within six months of initial disturbance.
35 (t)‘Tree’ means a woody plant with a DBH equal to or exceeding five inches or a stump diameter
36 exceeding six inches.
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1 (3) APPLICABILITY. This Rule applies to all landowners and other persons conducting activities in
2 the Jordan watershed, including state and federal entities, and to all local governments in the
3 Jordan watershed, as described in Rule 15A NCAC 02B.0262. Local governments shall develop
4 riparian buffer protection programs and ordinances for approval by the Commission, incorporating
5 the minimum standards set out throughout this Rule and shall apply the requirements of this Rule
6 throughout their jurisdictions within the Jordan watershed with the exception of state and federal
7 entitiesexcept where The Division shall exercise jurisdiction. For the following types of buffer
8 activities in the Jordan watershed, wherever local governments are referenced in this Rule, the
9 Division shall implement applicable requirements to the exclusion of local governments:
10 (a) Activities conducted under the authority of the State.
11 (b) Activities conducted under the authority of the United States.
12 (c) Activities conducted under the authority of multiple jurisdictions.
13 (d) Activities conducted under the authority of local units of government.
14 (e) Forest harvesting activities described in Item (14) of this Rule.
15 (f) Agricultural activities.
16 (g) Activities conducted in a location where there is no local government program
17 implementing NPDES stormwater requirements, Water Supply Watershed requirements,
18 or a voluntary local stormwater or buffer initiative at the time of the activity.
19 . For buffer activities on lands of state and federal entities in the Jordan watershed, it shall be presumed
20 that the Division shall apply the requirements of this Rule wherever local governments are
21 referenced unless otherwise indicated.
22 (4) BUFFERS PROTECTED. All local governments subject to this Rule shall develop riparian buffer
23 protection programs and ordinances for approval by the Commission, incorporating the minimum
24 standards contained in this Section and the remainder of this Rule.The following minimum criteria
25 shall be used for identifying regulated buffers:
26 (a) This Rule shall apply to activities conducted within, or outside of with impacts upon, 50-foot
27 wide riparian buffers directly adjacent to surface waters in the Jordan watershed (intermittent
28 streams, perennial streams, lakes, reservoirs and ponds), excluding wetlands.
29 (b) Wetlands adjacent to surface waters or within 50 feet of surface waters shall be considered as
30 part of the riparian buffer but are regulated pursuant to 15A NCAC 2H .0506.
31 (a)(c) A surface water shall be subject to this Rule if the feature is approximately shown on any
32 of the following references, and shall not be subject if it does not appear on any of these
33 references:
34 (i) The most recent, complete recent version of the soil survey map prepared by the
35 Natural Resources Conservation Service of the United States Department of
36 Agriculture.Agriculture;
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1 (ii) The most recent version of the 1:24,000 scale (7.5 minute) quadrangle
2 topographic maps prepared by the United States Geologic Survey
3 (USGS).(USGS); or
4 (iii) Other more accurate mapping maps approved by the Commission.Commission
5 as moreMore accurate than those identified in Sub-Item (4)(c)(i) and (4)(c)(ii) of
6 this Rule.maps approved would replace the first two sources as the standard of
7 reference for this Rule upon their approval.
8 (b)(d) Where the specific initiation origination point of an intermittent a stream regulated under
9 this Item is in question, upon request of the Division or another party, the local
10 government shall make an on-site determination. parties subject to this rule A local
11 government representative who has successfully completed the Division’s Surface Water
12 Identification Training Certification course, its successor, or other equivalent training
13 curriculum approved by the Division, shall establish that point using shall use the latest
14 version of the Division publication, Identification Methods for the Origins of Intermittent
15 and Perennial Streams, available at
16 http://h2o.enr.state.nc.us/ncwetlands/documents/NC_Stream_ID_Manual.pdf or from the
17 Division of Water Quality, 401/Wetlands Unit, 1650 Mail Service Center, Raleigh, NC,
18 27699-1650. http://h2o.enr.state.nc.us/ncwetlands/regcert.html, to establish that point. A
19 local government may accept the results of a site assessment made by another party who
20 meets these criteria. Any disputes over on-site determinations made according to this
21 Sub-Item shall be referred to the Director in writing. The Director’s determination is
22 subject to review as provided in Articles 3 and 4 of G.S. 150B.
23 (c)(e) Riparian buffers protected by this Rule shall be measured pursuant to Item (7) of this
24 Rule.
25 (d)(f) Parties subject to this rule shall abide by all State rules and laws regarding waters of the
26 state including but not limited to Rules 15A NCAC 2H .0500, 15A NCAC 2H .1300, and
27 Sections 401 and 404 of the Federal Water Pollution Control Act.
28 (e)(g) A riparian buffer may be exempt from this Rule as described in Item (5) or (6) of this
29 Rule.
30 (h) No new clearing, grading, or development shall take place nor shall any new building
31 permits be issued in violation of this Rule.
32 (5) EXEMPTION BASED ON ON-SITE DETERMINATION. When a landowner or other affected
33 party including the Division believes that the maps have inaccurately depicted surface waters, he
34 or she shall consult the appropriate local government. Upon request, a local government
35 representative who has successfully completed the Division’s Surface Water Identification
36 Training Certification course, its successor, or other equivalent training curriculum approved by
37 the Division, the local government shall make an on-site determinations. Local governments may
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1 also accept the results of site assessments made by other parties who have successfully completed
2 a Divisionsuch trainingtraining. course and are sanctioned by the Division to make such
3 determinations. Any disputes over on-site determinations shall be referred to the Director local
4 Board of Adjustment or other local appeals process in writing. For state and federal entities, any
5 disputes shall be referred to the Director in writing. A determination of the Director as to the
6 accuracy or application of the maps is subject to review as provided in Articles 3 and 4 of G.S.
7 150B. Surface waters that appear on the maps shall not be subject to this Rule if an on-site
8 determination shows that they fall into one of the following categoriesa site evaluation reveals any
9 of the following cases:
10 (a) Manmade ponds and lakes that are located outside natural drainagenot part of a natural
11 drainage way that is classified in accordance with 15A NCAC 2B .0100,ways; and
12 including ponds and lakes created for animal watering, irrigation, or other agricultural
13 uses. A pond or lake is part of a natural drainage way when it is fed by an intermittent or
14 perennial stream or when it has a direct discharge point to an intermittent or perennial
15 stream.
16 (b) Ephemeral (stormwater) streams.
17 (c) The absence on the ground of a corresponding intermittent or perennial stream, lake,
18 reservoir, or pond.
19 (d) Ditches or other manmade water conveyances, other than modified natural streams.
20 (6) EXEMPTION WHEN EXISTING USES ARE PRESENT AND ONGOING. This Rule shall not
21 apply to portions of the riparian buffer where a useuses that are is existing and ongoing according
22 to the following:ongoing; however, this Rule shall apply at the time an existing, ongoing use is
23 changed to another use. Change of use shall involve the initiation of any activity that does not
24 meet either of the following criteria for existing, ongoing activity: according to the following:
25 (a) A use shall be considered existing and ongoing if itIt was present within the riparian
26 buffer as of the effective date of the a local ordinanceprogram or local ordinances
27 enforcing this Rule and has continued to exist since that time. For state and federal
28 entities,any Division-administered activities listed in Item (3) of this Rule, a use shall be
29 considered existing and ongoing if it was present within the riparian buffer as of the
30 effective date of this Rule and has continued to exist since that time. Existing uses shall
31 include agriculture, buildings, industrial facilities, commercial areas, transportation
32 facilities, maintained lawns, utility lines and on-site sanitary sewage systemssystems, any
33 of which involve either specific, periodic management of vegetation or displacement of
34 vegetation by structures or regular activity. Only the portion of the riparian buffer that
35 containsoccupied by the footprint of the existing use is exempt from this Rule. Change of
36 ownership through purchase or inheritance is not a change of use. Activities necessary to
37 maintain uses are allowed provided that the site remains similarly vegetated, no
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1 impervious surface is added within 50 feet of the surface water where it did not
2 previously exist as of the effective date of the a local ordinanceprogram or local
3 ordinances enforcing this RuleRule, or for Division-administered activities listed in Item
4 (3) of this Rule as of the effective date of this Rule, and existing diffuse flow is
5 maintained. Grading and revegetating Zone twoZone Two is allowed provided that the
6 health of the vegetation in Zone oneZone One is not compromised, the ground is
7 stabilized and existing diffuse flow is maintained.
8 (b) A use shall be considered as existing if projectsProjects or proposed development that are
9 determined by the local government government, or the Director for the cases involving
10 state or federal entities, to meet at least one of the following criteria:
11 (i) Project requires a 401 Certification/404 Permit and these were issued prior to the
12 effective date of the local ordinance or local ordinancesprogram enforcing this
13 Rule, and prior to the effective date of this Rule for state and federal entities;
14 Division-administered activities listed in Item (3) of this Rule;
15 (ii) Projects that require a state permit, such as landfills, NPDES wastewater
16 discharges, land application of residuals and road construction activities, have
17 begun construction or are under contract to begin construction and had received
18 all required state permits and certifications prior to the effective date of the local
19 ordinance or ordinancesprogram implementing this Rule, and prior to the
20 effective date of this Rule for state and federal entities; Division-administered
21 activities listed in Item (3) of this Rule;
22 (iii) Projects that are being reviewed through the Clean Water Act Section
23 404/National Environmental Policy Act Merger 01 Process (published by the US
24 Army Corps of Engineers and Federal Highway Administration, 2003) or its
25 immediate successor and that have reached agreement with DENR on avoidance
26 and minimization by the effective date of the local ordinance or
27 ordinancesprogram enforcing this Rule, and prior to the effective date of this
28 Rule for state and federal entities; or
29 (iv) Projects that are not required to be reviewed by the Clean Water Act Section
30 404/National Environmental Policy Act Merger 01 Process (published by the US
31 Army Corps of Engineers and Federal Highway Administration, 2003) or its
32 immediate successor if a Finding of No Significant Impact has been issued for
33 the project and the project has the written approval of the local government prior
34 to the effective date of the local ordinance or ordinancesprogram enforcing this
35 Rule, or the written approval of the Division prior to the effective date of this
36 Rule for state and federal entities;
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1 (c)A project that can be documented to the local government, or the Director for the cases
2 involving state or federal entities, as having vested rights that were established or
3 recognized for that project under the common law or by G.S. 153A-344(b), 153A-344.1,
4 160A-385(b) or 160A-385.1 prior to the effective date of this Rule. This Rule does not
5 confer or restrict a vested right established or recognized under common law or G.S.
6 153A-344(b), 153(A)-344.1, 160A-385(b), or 160A-385.1.
7 (d)This Rule shall apply at the time an existing use is changed to another use. Change of use shall
8 involve the initiation of any activity not defined as existing and ongoing in either Sub-
9 Item (6)(a), (6)(b), or (6)(c) of this Rule.
10 (7) ZONES OF THE RIPARIAN BUFFER. The protected riparian buffer shall have two zones as
11 follows:
12 (a) Zone oneZone One shall consist of a vegetated area that is undisturbed except for uses
13 provided for in Item (9) of this Rule. The location of Zone oneZone One shall be as
14 follows:
15 (i) For intermittent and perennial streams, Zone oneZone One shall begin at the
16 most landward limit of the top of the bank or the rooted herbaceous vegetation
17 and extend landward a distance of 30 feet on all sides of the surface water,
18 measured horizontally on a line perpendicular to a vertical line marking the edge
19 of the top of the bank.
20 (ii) For ponds, lakes and reservoirs located within a natural drainage way, Zone
21 oneZone One shall begin at the most landward limit of the normal water level or
22 the rooted herbaceous vegetation and extend landward a distance of 30 feet,
23 measured horizontally on a line perpendicular to a vertical line marking the edge
24 of the surface water or rooted herbaceous vegetation.normal water level.
25 (b) Zone twoZone Two shall consist of a stable, vegetated area that is undisturbed except for
26 uses provided for in Item (9) of this Rule. Grading and revegetating Zone twoin Zone
27 Two is allowed provided that the health of the vegetation in Zone oneZone One is not
28 compromised. Zone twoZone Two shall begin at the outer edge of Zone oneZone One
29 and extend landward 20 feet as measured horizontally on a line perpendicular to the
30 surface water. The combined width of Zones one One and two Two shall be 50 feet on
31 all sides of the surface water.
32 (8) DIFFUSE FLOW REQUIREMENT. Diffuse flow of runoff shall be maintained in the riparian
33 buffer by dispersing concentrated flow prior to its entry into the buffer and reestablishing
34 vegetation. vegetation as follows:
35 (a) Concentrated runoff from new ditches or manmade conveyances shall be converted to
36 diffuse flow at non-erosive velocities before the runoff enters Zone Two of the riparian
37 buffer;
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1 (b) Periodic corrective action to restore diffuse flow shall be taken as necessary and shall be
2 designed to impede the formation of erosion gullies; and
3 (c) As set out in Items (7) and (9) of this Rule, no new stormwater conveyances are allowed
4 through the buffers except for those specified in Item (9) of this Rule addressing
5 stormwater management ponds, drainage ditches, roadside ditches, and stormwater
6 conveyances.
7 (9) TABLE OF USES. The following chart sets out the potential new uses within the buffer, or
8 outside the buffer with impacts on the buffer, and their designation under this Rulecategorizes
9 them as exempt, allowable, or allowable with mitigation. All uses not designated categorized as
10 exempt, allowable, or allowable with mitigation are considered prohibited and may not proceed
11 within the riparian buffer or outside the buffer if the use would impact the buffer, unless a variance
12 is granted pursuant to Item (12) Items (12), (13), or (14) of this Rule. The requirements for each
13 category are given in Item (10)Items (12), (13), and (14) of this Rule.
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1
Allowable
Exempt Allowable
Use with
* *
Mitigation*
Access trails: Pedestrian access trails leading to the
surface water, docks, fishing piers, boat ramps and other
water dependent activities:
• Pedestrian access trails that are restricted to the X
minimum width practicable and do not exceed 4 feet in
width of buffer disturbance, and provided that
installation and use does not result in removal of trees
as defined in this Rule and no impervious surface is
added to the riparian buffer
• Pedestrian access trails that exceed 4 feet in width of X
buffer disturbance, the installation or use results in
removal of trees as defined in this Rule or impervious
surface is added to the riparian buffer
Airport facilities:
• Airport facilities that impact equal to or less than 150 X
linear feet or one-third of an acre of riparian buffer
• Airport facilities that impact greater than 150 linear X
feet or one-third of an acre of riparian buffer
• Activities necessary to comply with FAA requirements X
1
(e.g. radar uses or landing strips)
Archaeological activities X
Bridges X
Canoe Access provided that installation and use does not X
result in removal of trees as defined in this Rule and no
impervious surface is added to the buffer.
* To qualify for the designation indicated in the column header, an activity must adhere to the limitations
defined for it in a given listing as well as the requirements established in Item (10) of this Rule.
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Allowable
Exempt Allowable
Use with
* *
Mitigation*
Dam maintenance activities:
• Dam maintenance activities that do not cause X
additional buffer disturbance beyond the footprint of
the existing dam or those covered under the U.S. Army
Corps of Engineers Nationwide Permit No. 3
• Dam maintenance activities that do cause additional X
buffer disturbance beyond the footprint of the existing
dam or those not covered under the U.S. Army Corps
of Engineers Nationwide Permit No.3
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Allowable
Exempt Allowable
Use with
* *
Mitigation*
Drainage ditches, roadside ditches and stormwater
conveyances through riparian buffers:
• Existing New stormwater flows to existing drainage X
ditches, roadside ditches, and stormwater conveyances
provided that flows do not alter or result in the need to
alter the conveyance and are they are managed to
minimize the sediment, nutrients and other pollution
that convey to waterbodieswaterbodies.
• Realignment of existingExisting roadside drainage X
ditches that need to be realigned retaining the design
dimensions, provided that no additional travel lanes are
added and the minimum required roadway typical
section is used based on traffic and safety
considerations. X
• New or altered drainage ditches, roadside ditches and
stormwater outfalls provided that a stormwater
management facility is installed to control nutrients
and attenuate flow before the conveyance discharges
through the riparian buffer X X
New stormwater discharges to existing man-made
conveyances (including, but not limited to, drainage
ditches, roadside ditches, and stormwater
conveyances)provided that the new stormwater discharge
does not result in the need to alter the existing man-made X
conveyances
New stormwater discharges to existing man-made
conveyances applicable to linear projects (including but
not limited to, drainage ditches, roadside ditches, and
stormwater conveyances) for which the new stormwater
discharges result in the need to alter existing man-made
conveyances.
• New drainage ditches, roadside ditches and
stormwater conveyances applicable to linear projects
that do not provide a stormwater management facility
due to topography constraints provided that other
practicable BMPs are employed.
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Allowable
Exempt Allowable
Use with
* *
Mitigation*
Driveway crossings of streams and other surface waters
subject to this Rule:
• Driveway crossings on single family residential lots X
that disturb equal to or less than 25 linear feet or 2,500
square feet of riparian buffer
• Driveway crossings on single family residential lots X
that disturb greater than 25 linear feet or 2,500 square
feet of riparian buffer
• In a subdivision that cumulatively disturb equal to or X
less than 150 linear feet or one-third of an acre of
riparian buffer
• In a subdivision that cumulatively disturb greater than X
150 linear feet or one-third of an acre of riparian buffer
Driveway impacts other than crossing of a stream or X
other surface waters subject to this Rule
Fences:
• Fences provided that disturbance is minimized and X
installation does not result in removal of trees as
defined in this Rule
• Fences provided that disturbance is minimized and X
installation results in removal of trees as defined in this
Rule
Forest harvesting - see Item (14)(16) of this Rule
Fertilizer application: One-timeone-time application to X
establish vegetation
Grading and revegetation in Zone twoZone Two only X
provided that diffuse flow and the health of existing
vegetation in Zone oneZone One is not compromised and
disturbed areas are stabilized until they are revegetated.
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Allowable
Exempt Allowable
Use with
* *
Mitigation*
Greenway / hiking trails designed, constructed and X
maintained to maximize nutrient removal and erosion
protection, minimize adverse effects on aquatic life and
habitat, and protect water quality to the maximum extent
practical.
Historic preservation X
Maintenance access on modified natural streams: a X
grassed travel way on one side of the water body when
less impacting alternatives are not practical. The width
and specifications of the travel way shall be only that
needed for equipment access and operation. The travel
way shall be located to maximize stream shading.
Mining activities:
• Mining activities that are covered by the Mining Act X
provided that new riparian buffers that meet the
requirements of Items (7) and (8) of this Rule are
established adjacent to the relocated channels
• Mining activities that are not covered by the Mining X
Act OR where new riparian buffers that meet the
requirements or Items (7) and (8) of this Rule are not
established adjacent to the relocated channels
• Wastewater or mining dewatering wells with approved X
NPDES permit
Non-electric utility lines:
•Impacts other than perpendicular crossings in Zone X
4, 5
twoZone Two only
•Impacts other than perpendicular crossings in Zone X
oneZone One4, 5
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Allowable
Exempt Allowable
Use with
* *
Mitigation*
Non-electric utility line perpendicular crossings of
streams and other surface waters subject to this Rule3:
•Perpendicular crossings that disturb equal to or less than X
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 X
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 X
riparian buffer with a maintenance corridor equal to or
less than 10 feet in width
linear feet but equal to or less than 150 linear feet of X
riparian buffer with a maintenance corridor greater

than 10 feet in width
linear feet of riparian buffer X
Overhead electric utility lines:

•Impacts other than perpendicular crossings in Zone X X
twoZone Two only3only4,5
•Impacts other than perpendicular crossings in Zone X X
oneZone One 1,2,3,4,5
Overhead electric utility line perpendicular crossings of
streams and other surface waters subject to this
Rule2,3,4,5: X
•Perpendicular crossings that disturb equal to or less than
150 linear feet of riparian buffer. X
linear feet of riparian buffer.
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Allowable
Exempt Allowable
Use with
* *
Mitigation*
Playground equipment:
• Playground equipment on single family lots provided X
that installation and use does not result in removal of
vegetation
• Playground equipment installed on lands other than X
single-family lots or that requires removal of
vegetation
Ponds in natural drainage ways, excluding dry
ponds:created by impounding streams and not used as
stormwater BMPs: X
• New ponds provided that a riparian buffer that meets
the requirements of Items (7) and (8) of this Rule is
established adjacent to the pond X
• New ponds where a riparian buffer that meets the
requirements of Items (7) and (8) of this Rule is NOT
established adjacent to the pond
Protection of existing structures, facilities and stream X
banks when this requires additional disturbance of the
riparian buffer or the stream channel
Railroad impacts other than crossings of streams and X
other surface waters subject to this Rule.
Railroad crossings of streams and other surface waters
• Railroad crossings that impact equal to or less than 40 X
linear feet of riparian buffer
• Railroad crossings that impact greater than 40 linear X
feet but equal to or less than 150 linear feet or one-
third of an acre of riparian buffer
• Railroad crossings that impact greater than 150 linear X
feet or one-third of an acre of riparian buffer
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Allowable
Exempt Allowable
Use with
* *
Mitigation*
Recreational and accessory structures such as decks,
gazebos and shedsin Zone two,Two: provided they are
not prohibited under local water supply ordinance:
• Sheds and gazebos in Zone Two, provided they are not X
prohibited under local water supply ordinance:
o Total footprint less than or equal to 150 square
feet per lot.
o Total footprint greater than 150 square feet per lot.
• Wooden slatted decks and associated steps, provided X
the use meets the requirements of Items (7) and (8) of X
this Rule:
o Deck at least eight feet in height and no
vegetation removed from Zone One.
o Deck less than eight feet in height or vegetation
removed from Zone One. X
Removal of previous fill or debris provided that diffuse X
flow is maintained and vegetation is restored
Road impacts other than crossings of streams and other X
surface waters subject to this Rule
Road crossings of streams and other surface waters
• Road crossings that impact equal to or less than 40 X
linear feet of riparian buffer
• Road crossings that impact greater than 40 linear feet X
but equal to or less than 150 linear feet or one-third of
an acre of riparian buffer
• Road crossings that impact greater than 150 linear feet X
or one-third of an acre of riparian buffer
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Allowable
Exempt Allowable
Use with
* *
Mitigation*
Road relocation: Relocation of existing private access
roads associated with public road projects where
necessary for public safety:
• Less than or equal to 2,500 square feet of buffer X
impact
• Greater than 2,500 square feet of buffer impact X
Stormwater BMPs:
• Wet detention, bioretention, and constructed wetlands X
in Zone twoZone Two if diffuse flow of discharge is
provided into Zone oneZone One
• Wet detention, bioretention, and constructed wetlands X
in Zone oneZone One
Scientific studies and stream gauging X
Streambank or shoreline stabilization X
Temporary roads, provided that restoration activities,
such as soil stabilization and revegetation, occur
immediately after construction:that the disturbed area is
restored to pre-construction topographic and hydrologic
conditions immediately after construction is complete
and replanted immediately with comparable vegetation,
except that tree planting may occur during the dormant
season. A one-time application of fertilizer may be used
to establish vegetation: At the end of five years the
restored buffer shall comply with the restoration criteria X
in Item (8) of Rule 15A NCAC 02B.0268:
• Less than or equal to 2,500 square feet of buffer X
disturbance X
• Greater than 2,500 square feet of buffer disturbance
• Associated with linear projectsculvert installation or
bridge construction or replacement.
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Allowable
Exempt Allowable
Use with
* *
Mitigation*
Temporary sediment and erosion control devices:devices,
provided that the disturbed area is restored to pre-
construction topographic and hydrologic conditions
immediately after construction is complete and replanted
immediately with comparable vegetation, except that tree
planting may occur during the dormant season. A one-
time application of fertilizer may be used to establish
vegetation. At the end of five years the restored buffer
shall comply with the restoration criteria in Item (8) of
Rule 15A NCAC 02B.0268:
• In Zone twoZone Two only provided ground cover is X
established within timeframes required by the
Sedimentation and Erosion Control Act, that the
vegetation in Zone oneZone One is not
compromisedcompromised, and that discharge runoff
is released as diffuse flow in accordance with Item
(5)(8) of this RuleRule. X
• In Zones one and two to control impacts associated
with uses approved by the local government or that
have received a variance variance, provided that
sediment and erosion control for upland areas is
addressed addressed, to the maximum extent practical X
practical, outside the bufferbuffer.
• In-stream temporary erosion and sediment control
measures for authorized work within a stream channel
that is authorized under Sections 401 and 404 of the X
Federal Water Pollution Control Act.
• In-stream temporary erosion and sediment control
measures for work within a stream channel.
Underground electric utility lines:
•Impacts other than perpendicular crossings in Zone two X
only2
•Impacts other than perpendicular crossings in Zone one4 X
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Allowable
Exempt Allowable
Use with
* *
Mitigation*
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 X
3, 4, 5
40 linear feet of riparian buffer
•Perpendicular crossings that disturb greater than 40 X
linear feet of riparian buffer3, 4, 5
Utility, electric, aerial, perpendicular crossings of streams
and other surface waters subject to this Rule2,3,5:
• Disturb equal to or less than 150 linear feet of riparian X
buffer
• Disturb greater than 150 linear feet of riparian buffer X
Utility, electric, aerial, other than perpendicular
5
crossings :
• Impacts in Zone Two X
• Impacts in Zone One 2,3 X
Utility, electric, underground, perpendicular
3,4,5
crossings :
• Disturb less than or equal to 40 linear feet of riparian X
buffer
Utility, electric, underground, other than perpendicular
crossings4:
• Impacts in Zone One 1 X
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Allowable
Exempt Allowable
Use with
* *
Mitigation*
Utility, non-electric, perpendicular crossings of streams
and other surface waters subject to this Rule3,5:
buffer with a maintenance corridor equal to or less than
10 feet in width
buffer with a maintenance corridor greater than 10 feet
in width
• Disturb greater than 40 linear feet but equal to or less X
than 150 linear feet of riparian buffer with a
maintenance corridor equal to or less than 10 feet in
width
• Disturb greater than 40 linear feet but equal to or less X
than 150 linear feet of riparian buffer with a

maintenance corridor greater than 10 feet in width
Utility, non-electric, other than perpendicular
4.5
crossings :
• Impacts in Zone One1 X
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Allowable
Exempt Allowable
Use with
* *
Mitigation*
Vegetation management:
• Emergency fire control measures provided that X
topography is restored
• Mowing or harvesting of plant products in Zone X
twoZone Two only
• Planting vegetation to enhance the riparian buffer X
• Pruning forest vegetation provided that the health and X
function of the forest vegetation is not compromised

• Removal of individual trees which that are in danger X
of causing damage to dwellings, other structures or

human lifelife, or are imminently endangering stability
of the streambank.
• Removal of individual trees which are dead, diseased X
or damaged.
• Removal of poison ivy X
X
• Removal of invasive exotic understory nuisance
vegetation as defined in:
Smith, Cherri L. 1998. Exotic Plant Guidelines. Dept.
of Environment and Natural Resources. Division of Parks
and Recreation. Raleigh, NC. Guideline #30
Vehicle Vehicular access roads and boat ramps leading to X
the surface water, docks, fishing piers, and other water
dependentwater-dependent activities:structures as
defined in 15A NCAC 02B .0202, provided they do not
cross the surface water and have minimum practicable
width not exceeding ten feet.
•Vehicular access roads and boat ramps to the surface
water but not crossing the surface water that are
restricted to the minimum width practicable not to
exceed 10 feet in width
• Vehicular access roads and boat ramps to the surface
water but not crossing the surface water that are
restricted to the minimum width practicable and
exceed 10 feet in width
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Allowable
Exempt Allowable
Use with
* *
Mitigation*
• Water dependent structures as defined in 15A NCAC X

02B .0202 where installation and use result in
disturbance to riparian buffers.
Water supply reservoirs:
• New reservoirs provided thatwhere a riparian buffer X
that meets the requirements of Items (7) and (8) of this
Rule is established adjacent to the reservoir
• New reservoirs where a riparian buffer that meets the X
requirements of Items (7) and (8) of this Rule is NOT
not established adjacent to the reservoir
Water wells
• Single family residential water wells X
• All other water wells X
Wetland, stream and buffer restoration that results in
impacts to the riparian buffers:
• Wetland, stream and buffer restoration that requires X
DWQ Division approval for the use of a 401 Water
Quality Certification
• Wetland, stream and buffer restoration that does not X
require DWQ Division approval for the use of a 401
Water Quality Certification
Wildlife passage structures X
1
2 * To qualify for the designation indicated in the column header, an activity must adhere to the limitations
3 defined for it in a given listing as well as the requirements established in Item (10) of this Rule.
4
1
5 Provided that:
6 No heavy equipment is used in Zone One.
7 Vegetation in undisturbed portions of the buffer is not compromised.
8 Felled trees are removed by chain.
9 No permanent felling of trees occurs in protected buffers or streams.
10 Stumps are removed only by grinding.
11 At the completion of the project the disturbed area is stabilized with native vegetation.
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1 Zones one and two meet the requirements of Sub-Items (7) and (8) of this Rule.
2
2 Provided that, in Zone oneZone One, all of the following BMPs for overhead utility lines are
3 used. If all of these BMPs are not used, then the overhead utility lines shall require a no
4 practical alternative evaluation by the local government, or the Director for the cases involving
5 state or federal entities,as defined in Item (11) of this Rule.
6 • A minimum zone of 10 feet wide immediately adjacent to the water body shall be managed
7 such that only vegetation that poses a hazard or has the potential to grow tall enough to
8 interfere with the line is removed.
9 • Woody vegetation shall be cleared by hand. No land grubbing or grading is allowed.
10 • Vegetative root systems shall be left intact to maintain the integrity of the soil. Stumps shall
11 remain where trees are cut.
12 • Riprap shall not be used unless it is necessary to stabilize a tower.
13 • No fertilizer shall be used other than a one-time application to re-establish vegetation.
14 • Construction activities shall minimize the removal of woody vegetation, the extent of the
15 disturbed area, and the time in which areas remain in a disturbed state.
16 • Active measures shall be taken after construction and during routine maintenance to ensure
17 diffuse flow of stormwater through the buffer.
18 • In wetlands, mats shall be utilized to minimize soil disturbance.
23
19 Provided that poles or towers aerial infrastructure shall not be installed within 10 feet of a water
20 body unless the local government government, or the Director for the cases involving state or
21 federal entities,completes a no practical alternative evaluation as defined in Item (11) of this
22 Rule.
3
23 Perpendicular crossings are those that intersect the surface water at an angle between 75o and
24 105o.
4
25 Provided that, in Zone one,Zone One, all of the following BMPs for underground utility lines
26 are used. If all of these BMPs are not used, then the underground utility line shall require a no
27 practical alternative evaluation by the local government, or the Director for the cases involving
28 state or federal entities, as defined in Item (11) of this Rule.
29 • Woody vegetation shall be cleared by hand. No land grubbing or grading is allowed.
30 • Vegetative root systems shall be left intact to maintain the integrity of the soil. Stumps shall
31 remain, except in the trench,trench where trees are cut.
32 • Underground cables shall be installed by vibratory plow or trenching.
33 • The trench shall be backfilled with the excavated soil material immediately following cable
34 installation.
35 • No fertilizer shall be used other than a one-time application to re-establish vegetation.
36 • Construction activities shall minimize the removal of woody vegetation, the extent of the
37 disturbed area, and the time in which areas remain in a disturbed state.
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1 • Active measuresMeasures shall be taken after upon completion of construction and during
2 routine maintenance to ensure diffuse flow of stormwater through the buffer.
3 • In wetlands, mats shall be utilized to minimize soil disturbance.
5
4 Perpendicular crossings are those that intersect the surface water at an angle between 75 degrees
5 and 105 degrees.
6 (10) REQUIREMENTS FOR CATEGORIES OF USES. Uses designated in Item (9) of this Rule as
7 exempt, allowable, and allowable with mitigation within a riparian buffer in Item (9) of this Rule
8 shall have the following requirements:
9 (a) EXEMPT. Uses designated as exempt are allowed permissible without local government
10 authorization provided that they adhere to the limitations of the activity as defined in Item
11 (9).within the riparian buffer. Exempt In addition, exempt uses shall be designed,
12 constructed and maintained to minimize soil disturbance and to provide the maximum
13 water quality protection practicable, including construction, monitoring, and maintenance
14 activities. activities, In addition, exempt uses shall meet requirements listed in Item (9)
15 of this Rule for the specific use.
16 (b) ALLOWABLE. Uses designated as allowable may proceed within the riparian buffer
17 provided that there are no practical alternatives to the requested use pursuant to Item (11)
18 of this Rule. This includes construction, monitoring, and maintenance activities. These
19 uses require written authorization from the local government.government, or the Director
20 for the cases involving state or federal entities.
21 (c) ALLOWABLE WITH MITIGATION. Uses designated as allowable with mitigation
22 may proceed within the riparian buffer provided that there are no practical alternatives to
23 the requested use pursuant to Item (11) of this Rule and an appropriate mitigation strategy
24 has been approved pursuant to Item (13)(15) of this Rule. These uses require written
25 authorization from the local government.government, or the Director for the cases
26 involving state or federal entities.
27 (11) DETERMINATION OF “NO PRACTICAL ALTERNATIVES.” Persons who wish to undertake
28 uses designated as allowable or allowable with mitigation shall submit a request for a “no practical
29 alternatives” determination to the local government.government or the Director for the cases
30 involving state or federal entities. The applicant shall certify that the project meets all the
31 following criteria for finding “no practical alternatives”: criteria identified in Sub-Item (11)(a) of
32 this Rule are met. The local government, or the Director for the cases involving state or federal
33 entities, shall grant an Authorization Certificate upon a “no practical alternatives” determination.
34 The procedure for making an Authorization Certificate shall be as follows:
35 (a) For any request for an Authorization Certificate, the local government, or the Director for
36 the cases involving state or federal entities, shall review the entire project and make a
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1 finding of fact as to whether the following requirements have been met in support of a
2 “no practical alternatives” determination;
3 (i)(a) The basic project purpose cannot be practically accomplished in a manner that would
4 better minimize disturbance, preserve aquatic life and habitat, and protect water quality;
5 (ii)(b) The use cannot practically be reduced in size or density, reconfigured or redesigned to
6 better minimize disturbance, preserve aquatic life and habitat, and protect water quality;
7 and
8 (iii)(c) Best management practices shall be used if necessary to minimize disturbance, preserve
9 aquatic life and habitat, and protect water quality.
10 (d) The applicant shall also submit at least the following information in support of their
11 assertion of “no practical alternatives”:
12 (i) The name, address and phone number of the applicant;
13 (ii) The nature of the activity to be conducted by the applicant;
14 (iii) The location of the activity, including the jurisdiction;
15 (iv) A map of sufficient detail to accurately delineate the boundaries of the land to be
16 utilized in carrying out the activity, the location and dimensions of any
17 disturbance in riparian buffers associated with the activity, and the extent of
18 riparian buffers on the land;
19 (v) An explanation of why this plan for the activity cannot be practically
20 accomplished, reduced or reconfigured to better minimize disturbance to the
21 riparian buffer, preserve aquatic life and habitat and protect water quality; and
22 (vi) Plans for any best management practices proposed to be used to control the
23 impacts associated with the activity.
24 (b)(e) Within 60 days of a submission that addresses Sub-Item (11)(b) of this Rule, the local
25 government shall review the entire project and make a finding of fact as to whether the
26 criteria in Sub-Item (11)(a) have been met.Requests for an Authorization Certificate shall be
27 reviewed and either approved or denied within 60 days of receipt of a complete submission
28 based on the criteria in Sub-Item (11)(a) of this Rule and the local ordinance or ordinances
29 enforcing this Rule by the local government, or the Director for the cases involving state or
30 federal entities. A finding of “no practical alternatives” shall result in issuance of an
31 Authorization Certificate. Failure to issue an approval or denialact within 60 days shall
32 constitute that the applicant has demonstratedbe construed as a finding of “no practical
33 alternatives”alternatives.” and an An Authorization Certificate shall be issued to the
34 applicant, unless:applicant unless one of the following occurs:
35 (i) The applicant agrees, in writing, to a longer period;period; and
36 (ii) Applicant The local government determines that the applicant has failed fails to
37 furnish requested information necessary to the local government’s
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1 decision;decision or the Director’s decision for the cases involving state or

2 federal entities.
3 (iii) The final decision is to be made pursuant to a public hearing; or
4 (iv) The applicant refuses access to its records or premises for the purpose of
5 gathering information necessary to the local government’s decision.
6 (f) The local government may attach conditions to the Authorization Certificate that support
7 the purpose, spirit and intent of the riparian buffer protection program.
8 (f) The local government, or the Director for the cases involving state or federal entities,
9 may attach conditions to the Authorization Certificate that support the purpose, spirit and
10 intent of the riparian buffer protection program. Complete submissions shall include the
11 following:
12 (i)The name, address and phone number of the applicant;
13 (ii)The nature of the activity to be conducted by the applicant;
14 (iii)The location of the activity, including the jurisdiction;
15 (iv)A map of sufficient detail to accurately delineate the boundaries of the land to be
16 utilized in carrying out the activity, the location and dimensions of any
17 disturbance in riparian buffers associated with the activity, and the extent of
18 riparian buffers on the land;
19 (v)An explanation of why this plan for the activity cannot be practically accomplished,
20 reduced or reconfigured to better minimize disturbance to the riparian buffer,
21 preserve aquatic life and habitat and protect water quality; and
22 (vi)(i) Plans for any best management practices proposed to be used to control the
23 impacts associated with the activity.
24 (d)(g) Any disputes overappeals of determinations regarding Authorization Certificates shall be
25 referred to the Director.local government’s appeals process for a decision, or to the
26 Director for determinations involving lands of state and federal entities. The Director’s
27 decision is subject to review as provided in G.S. 150B Articles 3 and 4.
28 (12) VARIANCES. Persons who wish to undertake prohibited uses may pursue a variance. The local
29 government may only grant minor variances. For major variances, local governments shall
30 prepare preliminary findings and submit them to the Commission for approval. The variance
31 request procedure shall be as follows:
32 (a) For any variance request, the local government shall make a finding of fact as to whether
33 thereThere are practical difficulties or unnecessary hardships that prevent compliance
34 with the riparian buffer protection requirements. PracticalA finding of practical
35 difficulties or unnecessary hardships shall be evaluated in accordance withrequire that the
36 following:following conditions are met:
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1 (i) If the applicant complies with the provisions of this Rule, he/she can secure no
2 reasonable return from, nor make reasonable use of, his/her property. Merely
3 proving that the variance would permit a greater profit from the property shall
4 not be considered adequate justification for a variance. Moreover, the local
5 governmentgovernment, or the Director for the cases involving state or federal
6 entities, shall consider whether the variance is the minimum possible deviation
7 from the terms of this Rule that shall make reasonable use of the property
8 possible.possible;
9 (ii) The hardship results from application of this Rule to the property rather than
10 from other factors such as deed restrictions or other hardship.hardship;
11 (iii) The hardship is due to the physical nature of the applicant’s property, such as its
12 size, shape, or topography, which is different from that of neighboringsuch that
13 compliance with provisions of this rule would not allow reasonable use of
14 theproperty. property;
15 (iv) The applicant did not cause the hardship by knowingly or unknowingly violating
16 this Rule.Rule;
17 (v) The applicant did not purchase the property after the effective date of this Rule,
18 and then request a variance.variance; and
19 (vi) The hardship is rare or unique to the applicant’s property.property, rather than
20 the result of conditions that are widespread. If other properties are equally
21 subject to the hardship created in the restriction, then granting a variance would
22 be a special privilege denied to others, and would not promote equal justice.
23 (b) For any variance request, the local government shall make a finding of fact as to whether
24 the The variance is in harmony with the general purpose and intent of the State’s riparian
25 buffer protection requirements and preserves its spirit; and
26 (c) For any variance request, the local government shall make a finding of fact as to whether,
27 in In granting the variance, the public safety and welfare have been assured, water quality
28 has been protected, and substantial justice has been done.
29 (13)(d) MINOR VARIANCES. A minor variance request pertains to activities that are proposed
30 only to impactwill impact only any portion of Zone twoZone Two of the riparian buffer.
31 Minor variance requests shall be reviewed and approved based on the criteria in Sub-
32 Items Sub-Item (11)(a) through (11)(c) of this Rule by the local government pursuant to
33 G.S. 153A-Article 18, or G.S. 160A-Article 19. The local government may attach
34 conditions to the variance approval that support the purpose, spirit and intent of the
35 riparian buffer protection program. Request for appeals to decisions made by the local
36 governments government shall be made through the local government’s appeals
37 process,in writing to the Director. or to the Director for determinations involving state
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1 and federal entities. The Director’s decision is subject to review as provided in G.S.
2 150B Articles 3 and 4.
3 (14)(e) MAJOR VARIANCES. A major variance request pertains to activities that are proposed
4 towill impact any portion of Zone oneZone One or any portion of both Zones one One
5 and two Two of the riparian buffer. If the local government government, or the Director
6 for the cases involving state or federal entities, has determined that a major variance
7 request meets the requirements in Sub-Item Sub-Items (9)(a)(12)(a) through (12)(c) of
8 this Rule, then it shall prepare a preliminary finding and submit it to the Commission for
9 approval. Within 90 days after receipt by the local government, or the Director for the
10 cases involving state or federal entities, the Commission shall review preliminary
11 findings on major variance requests. The following actions shall be taken depending on
12 the Commission’s decision on the major variance request:requests and take one of the
13 following actions: approve, approve with conditions and stipulations, or deny the request.
14 Appeals from a Commission decision on a major variance request are made on judicial
15 review to Superior Court.
16 (a)Upon the Commission’s approval, the local government shall issue a final decision
17 granting the major variance. The Director shall issue the final decision for the cases
19 (b)Upon the Commission’s approval with conditions or stipulations, the local government
20 shall issue a final decision, which includes these conditions or stipulations. The Director
21 shall issue a final decision for the cases involving state or federal entities.
22 (c)Upon the Commission’s denial, the local government shall issue a final decision
23 denying the major variance. The Director shall issue a final decision for the cases
25 (15)(13) MITIGATION. Persons who wish to undertake uses designated as allowable with mitigation shall
26 meet the following requirements in order to proceed with their proposed use.
27 (a) Obtain a determination of “no practical alternatives” to the proposed use pursuant to Item
28 (11) of this Rule; and
29 (b) Obtain approval for a mitigation proposal pursuant to 15A NCAC 02B .0268.
30 (16)(14) REQUIREMENTS SPECIFIC TO FOREST HARVESTING. The following requirements shall
31 apply for forest harvesting operations and practices:
32 (a) All theThe following measures shall apply in the entire riparian buffer:buffer as
33 applicable:
34 (i) Logging decks and sawmill sites shall not be placed in the riparian buffer.buffer;
35 (ii) Access roads and skid trails shall be prohibited except for temporary and
36 permanent stream crossings established in accordance with 15A NCAC 1I
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1 .0203. Temporary stream crossings shall be permanently stabilized after any

2 site disturbing activity is completed.completed;
3 (iii) Timber felling shall be directed away from the stream or water body.waterbody;
4 (iv) Skidding shall be directed away from the stream or water body and shall be done
5 in a manner that minimizes soil disturbance and prevents the creation of
6 channels or ruts.ruts;
7 (v) Individual trees may be treated to maintain or improve their health, form or
8 vigor.vigor;
9 (vi) Harvesting of dead or infected trees or application of pesticides as necessary to
10 prevent or control extensivethe spread of tree pest and disease infestation shall
11 be allowed. These practices must be approved by the Division of Forest
12 Resources for a specific site pursuant to the rule. The Division of Forest
13 Resources must notify the local governmentDivision of all approvals.approvals;
14 (vii) Removal of individual trees that are in danger of causing damage to structures or
15 human life shall be allowed.allowed;
16 (viii) Natural regeneration of forest vegetation and planting of trees, shrubs, or ground
17 cover plants to enhance the riparian buffer shall be allowed provided that soil
18 disturbance is minimized. Plantings shall consist primarily of native species.
19 (ix) High-intensity prescribed burns shall not be allowed.allowed; and
20 (x) Application of fertilizer shall not be allowed except as necessary for permanent
21 stabilization. Broadcast application of fertilizer or herbicides to the adjacent
22 forest stand shall be conducted so that the chemicals are not applied directly to
23 or allowed to drift into the riparian buffer.
24 (b) In Zone one,Zone One, forest vegetation shall be protected and maintained. Selective
25 harvest as provided for below is allowed on forest lands that have a deferment for use
26 value under forestry in accordance with G.S. 105-277.2 through 277.6 or on forest lands
27 that have a forest management plan prepared or approved by a registered professional
28 forester. plan. A plan drafted under either option shall meet the standards set out in this
29 Item. Copies of either the approval of the deferment for use value under forestry or the
30 forest management plan shall be produced upon request. For such forest lands, selective
31 harvest is allowed in accordance with the following:
32 (i) Tracked or wheeled vehicles are not permitted for the purpose of selective
33 timber harvesting where there is no other practical alternative for removal of
34 individual trees provided activities comply with forest practice guidelines for
35 water quality as defined in Rule 15A NCAC 01I .0101 through .0209, and
36 provided no equipment shall operate within the first 10 feet immediately
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1 adjacent to the stream except at stream crossings designed, constructed and

2 maintained in accordance with Rule 15A NCAC 1I .0203;
3 (ii) Soil disturbing site preparation activities are not allowed; and
4 (iii) Trees shall be removed with the minimum disturbance to the soil and residual
5 vegetation.
6 (c) In addition to the requirements of (b) in this item, theThe following provisions for
7 selective harvesting shall be met:
8 (i) The first 10 feet of Zone oneZone One directly adjacent to the stream or
9 waterbody shall be undisturbed except for the removal of individual high value
10 trees as defined provided that no trees with exposed primary roots visible in the
11 streambank be cut.cut unless listed as an exempt activity under Vegetation
12 Management in the Table of Uses, Sub-Item (9) of this Rule;
13 (ii) In the outer 20 feet of Zone one,Zone One, a maximum of 50 percent of the trees
14 greater than five inches DBH may be cut and removed. The reentry time for
15 harvest shall be no more frequent than every 15 years, except on forest
16 plantations where the reentry time shall be no more frequent than every five
17 years. In either case, the trees remaining after harvest shall be as evenly spaced
18 as possible.possible; and
19 (iii) In Zone two,Zone Two, harvesting and regeneration of the forest stand shall be
20 allowed in accordance with 15A NCAC 01I .0100 through .0200 as enforced by
21 the Division of Forest Resources.
22 (17)(15) RULE IMPLEMENTATION. This Rule shall be implemented as follows:
23 (a) For state and federal entitiesDivision-administered activities listed in Item (3) of this
24 Rule, the Division shall implement the requirements of this Rule as of its effective
25 date.date;
26 (b) Within two months after the effective date of this Rule, the Division shall submit a model
27 local riparian buffer protection ordinance that embodies the standards set out in this Rule
28 and Rule 15A NCAC 2B .0268 to the Commission for approval.
29 (b)(c) Within six months of after the effective date of this Rule,Commission’s approval of a
30 model local buffer ordinance, local governments shall submit a local program programs
31 including all necessary ordinances to the Division for review.review based on the
32 standards set out in this Rule and Rule 15A NCAC 2B .0268. The A local program shall
33 also detail local government buffer program implementation including but not limited to
34 such factors as a method for resolution of disputes involving Authorization Certificate
35 ormaking variance determinations, a plan for record keeping, and a plan for enforcement.
36 Local governments shall use the latest version of the Division’s publication,
37 Identification Methods for the Origins of Intermittent and Perennial Streams, available at
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1 http://h2o.enr.state.nc.us/ncwetlands/regcert.html,
2 http://h2o.enr.state.nc.us/ncwetlands/documents/NC_Stream_ID_Manual.pdf or at the
3 401/Wetlands Unit of the North Carolina Division of Water Quality at: Mail Service
4 Center 1650, Raleigh, NC, 27699-1650, to establish the existence of streams.streams;
5 (c)(d) Within one year of after the effective date of the this Rule, Commission’s approval of a
6 model local buffer ordinance, the Division shall request Commission
7 approval.approval;provide recommendations to the Commission on local buffer
8 programs. The Commission shall either approve the programs or require changes based
9 on the standards set out in this Rule and Rule 15A NCAC 2B .0268. Should the
10 Commission require changes, the applicable local government shall have two months to
11 submit revisions, and the Division shall provide follow-up recommendations to the
12 Commission within two months after receiving revisions;
13 (d)(e) Within 14 2 months of after the effective date of the this Rule, Commission’s approval of
14 local buffer programs, local governments shall implement programs to ensure that
15 existing land use activities and proposed development complies with local programs. A
16 local government shall issue an approval for new development only if the development
17 application proposes to avoid impacts to riparian buffers defined in Item (4) of this Rule,
18 or where the application proposes to impact such buffers, it demonstrates that the
19 applicant has done the following, as applicable:
20 (i) Determined that the activity is exempt from requirements of this Rule;
21 (ii) Received an Authorization Certificate from the Division pursuant to Item (11) of
22 this Rule for uses designated as Allowable or Allowable with Mitigation;
23 (iii) For uses designated as Allowable with Mitigation, received approval of a
24 mitigation plan pursuant to Rule 15A NCAC 02B .0268; and
25 (iv) Received a variance pursuant to Item (12) of this Rule;
26 (e)(f) Upon implementation, subject local governments shall submit annual reports to the
27 Division summarizing their activities in implementing each of the requirements in Item
28 (4) of this Rule.Rule;
29 (f)(g) If a local government fails to adopt or adequately implement its program as called for in
30 this Rule, the Division may take appropriate enforcement action as authorized by statute,
31 and may choose to assume responsibility for implementing that program until such time
32 as it determines that the local government is prepared to comply with its
33 responsibilities.responsibilities; and
34 (h) LOCAL OVERSIGHT. The Division shall periodically inspect local programs to ensure
35 that they are being implemented and enforced in keeping with the requirements of this
36 Rule. Local governments shall maintain on-site records for a minimum of five years, and
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1 shall furnish a copy of these records to the Division within 30 days of receipt of a written
2 request for them. Local programs’ records shall include the following:
3 (i) A copy of all variance requests;
4 (ii) Findings of fact on all variance requests;
5 (iii) Results of all variance proceedings;
6 (iv) A record of complaints and action taken as a result of complaints;
7 (v) Records for stream origin calls and stream ratings; and
8 (vi) Copies of all requests for authorization, records approving authorization and
9 Authorization Certificates
10 (18)(16) OTHER LAWS, REGULATIONS AND PERMITS. In all cases, compliance with this Rule does
11 not preclude the requirement to comply with all other federal, state and local regulations laws,
12 regulations, and permits regarding streams, steep slopes, erodible soils, wetlands, floodplains,
13 forest harvesting, surface mining, land disturbance activities, or and laws.any other landscape
14 feature or water quality-related activity.
15
16
17 History Note: Authority 143-214.1; 143-214.5; 143-214.7; 143-215.3(a)(1); 143-215.6A; 143-215.6B; 143-
18 215.6C; 143 215.8B;143-215.8B(b); 143B-282(c); 143B-282(d) S.L. 1999-329, s. 7.1.; S.L. 2005-
19 190; S.L. 2006-259;
20 Eff. July 1, 2008.
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2
3 15A NCAC 02B .0268 JORDAN WATER SUPPLY NUTRIENT STRATEGY: MITIGATION FOR
4 RIPARIAN BUFFERS
5 The following are requirements for the Riparian Buffer Mitigation Program for the Jordan watershed, as prefaced in
6 Rule 15A NCAC 02B .0262:
7 (1) PURPOSE. The purposes purpose of this Rule shall beis to set forth the mitigation requirements
8 that the local governments in the Jordan watershed and listed in 15A NCAC 02B .0262, and in
9 certain the cases stated in this Rule 15A NCAC 02B .0267 (3) the Division, shall apply to the
10 riparian buffer protection program in the Jordan watershed, as describedcalled for in Rule 15A
11 NCAC 02B .0267,.0267. and whose surface waters are described in the Schedule of
12 Classifications, 15A NCAC 02B .0311. Additionally this Rule will help to protect the water
13 supply uses of Jordan Reservoir and of designated water supplies throughout the Jordan
14 watershed. Local programs shall be established to meet or exceed the minimum requirements of
15 this Rule. However, the Division shall assume responsibility for applying the requirements of this
16 Rule to buffer activities state and federal entities. For the types of buffer activities on state and
17 federal entities in the Jordan watershed,listed in Rule 15A NCAC 02B .0267 (3), it shall be
18 presumed that the Division shall apply the requirements of this Rule wherever local governments
19 are referenced.referenced unless otherwise indicated. The requirements of this Rule shall
20 supersede all locally implemented buffer requirements stated in Rules 15A NCAC 02B .0214
21 through .0216 as applied to WS-II, WS-III, and WS-IV waters in the Jordan watershed. Local
22 governments may choose to implement more stringent rules,requirements, including the one-
23 hundred foot buffer requirement set out in Section (3)(b)(i) of Rules 15A NCAC 02B .0214
24 through .0216 for high-density developments.
25 (2) APPLICABILITY. This Rule applies to persons who wish to impact a riparian buffer in the
26 Jordan watershed when one of the following applies:
27 (a) A person has received an Authorization Certificate pursuant to 15A NCAC 02B .0267 for a
28 proposed use that is designated as “allowable with mitigation.” mitigation;” or
29 (b) A person has received a variance pursuant to 15A NCAC 02B .0267 and is required to
30 perform mitigation as a condition of a variance approval.
31 (3) ISSUANCE OF THE MITIGATION APPROVAL. The local government shall issue a mitigation
32 approval upon determining that a proposal meets the requirements set out in this Rule. The
33 approval shall identify at a minimum the option chosen, the required and proposed areas, and
34 either the mitigation location or the offset payment amount as applicable.
35 (4) OPTIONS FOR MEETING THE MITIGATION REQUIREMENT. The mitigation requirement
36 may be met through one of the following options:
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1 (a) Payment of a compensatory mitigation fee to the Riparian Buffer Restoration Fund
2 pursuant to 15A NCAC 02B .0269 contingent upon acceptance of payments by the NC
3 Ecosystem Enhancement Program, or to a private mitigation bank that complies with
4 banking requirements of the US Army Corps of Engineers, currently set out at
5 http://www.saw.usace.army.mil/WETLANDS/Mitigation/mitbanks.html or from the US
6 Army Corps of Engineers, P.O. Box 1890, Wilmington, NC, 28402-1890, and the
7 applicable trading criteria in Rule 15A NCAC 02B .0273;
8 (b) Donation of real property or of an interest in real property pursuant to Item (7) of this
9 Rule; or
10 (c) Restoration or enhancement of a non-forested riparian buffer pursuant to the
11 requirements of Item (8) of this Rule.
12 (3)(5) THE AREA OF MITIGATION. The local government government, or the Director for the cases
13 involving state or federal entities, shall determine the required area of mitigation, which shall
14 apply to all mitigation options identified in Sub-Item (6)Item (4) of this Rule,Rule and as further
15 specified in the requirements for each option set out in this Rule, according to the following:
16 (a) The impacts in square feet to each zone of the riparian buffer shall be determined by the
17 local governmentgovernment, or the Director for the cases involving state or federal
18 entities, by adding the following:
19 (i) The area of the footprint of the use causing the impact to the riparian buffer;
20 (ii) The area of the boundary of any clearing and grading activities within the
21 riparian buffer necessary to accommodate the use; and
22 (iii) The area of any ongoing maintenance corridors within the riparian buffer
23 associated with the use.
24 (b) The required area of mitigation shall be determined by applying the following multipliers
25 to the impacts determined in Sub-item (3)(a)(5)(a) of this Rule to each zone of the
26 riparian buffer:
27 (i) Impacts to Zone oneZone One of the riparian buffer shall be multiplied by three;
28 (ii) Impacts to Zone twoZone Two of the riparian buffer shall be multiplied by one
29 and one-half; and
30 (iii) Impacts to wetlands within Zones one and twoOne and Two of the riparian
31 buffer that are subject to mitigation under 15A NCAC 2H .0506 shall comply
32 with the mitigation ratios in 15A NCAC 2H .0506.
33 (4)(6) THE LOCATION OF MITIGATION. The For any option chosen, the mitigation effort shall be
34 located within the same subwatershed of the Jordan watershed, as defined in Rule .0262 of this
35 Section, and the same distance from the Jordan Reservoir as the proposed impact, or closer to the
36 Reservoir than the impact, and as close to the location of the impact as feasible. Alternatively, the
37 applicant may propose mitigation anywhere within the same subwatershed of the Jordan
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1 watershed, as defined in Rule .0262 of this Section, provided that the mitigation proposal accounts
2 for differences in delivery of nutrients to the affected arm of Jordan Reservoir resulting from
3 differences between the locations of the buffer impact and mitigation. Additional location
4 requirements for the property donation option are enumerated in Sub-Item (7)(c)(i) of this Rule.
5 (5)ISSUANCE OF THE MITIGATION DETERMINATION. The local government, or the Director for
6 the cases involving state or federal entities,shall issue a determination that specifies the required
7 area and location of mitigation pursuant to Items (3) and (4) of this Rule.
8 (6)OPTIONS FOR MEETING THE MITIGATION DETERMINATION. The mitigation determination
9 made pursuant to Item (5) of this Rule may be met through one of the following options:
10 (a)Payment of a compensatory mitigation fee to the Riparian Buffer Restoration Fund pursuant to
11 15A NCAC 02B .0272;
12 (b)Donation of real property or of an interest in real property pursuant to Item (7) of this Rule; and
13 (c)(a) Restoration or enhancement of a non-forested riparian buffer. This shall be accomplished
14 by the applicant after submittal and approval of a restoration plan pursuant to Item (8) of this
15 Rule.
16 (7) DONATION OF PROPERTY. Persons who choose to satisfy their mitigation determination by
17 donating real property or an interest in real property shall meet the following requirements:
18 (a) The donation of real property interests may be used to either partially or fully satisfy the
19 payment of a compensatory mitigation fee to the Riparian Buffer Restoration Fund
20 pursuant to 15A NCAC 02B .0272. The value of the property interest shall be
21 determined by an appraisal performed in accordance with Sub-item (7)(d)(iv) of this
22 Rule. The donation shall satisfy the mitigation determination if the appraised value of the
23 donated property interest is equal to or greater than the required fee. If the appraised
24 value of the donated property interest is less than the required fee calculated pursuant to
25 15A NCAC 02B .0272, the applicant shall pay the remaining balance due.
26 (b) The donation of conservation easements to satisfy compensatory mitigation requirements
27 shall be accepted only if the conservation easement is granted in perpetuity.
28 (c) Donation of real property interests to satisfy the mitigation determination shall be
29 accepted only if such property meets all of the following requirements:
30 (i) In addition to the location requirements of Item (6), theThe property shall be
31 located within an area that is identified as a priority for restoration in, or is
32 otherwise consistent with the goals of, the Basinwide Wetlands and Riparian
33 Restoration Plan for the Cape Fear River Basin developed by the Department
34 pursuant to G.S. 143-214.10. 143-214.10;
35 (ii) The property shall contain riparian buffers not currently protected by the State’s
36 riparian buffer protection program that are in need of restoration as defined in
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1 Sub-Item (8)(d) of this Rule;restoration. Buffers not in compliance with 15A

2 NCAC 02B .0267 are in need of restoration.
3 (iii) The restorable riparian buffer on the property shall have a minimum length of
4 1000 linear feet along a surface water and a minimum width of 50 feet as
5 measured horizontally on a line perpendicular to the surface water.water;
6 (iv) The size of the restorable riparian buffer on the property to be donated shall
7 equal or exceed the acreage of riparian buffer required to be mitigated under
8 thearea of mitigation responsibility determined pursuant to Item (3)(5) of this
9 Rule.Rule;
10 (v) The propertyRestoration shall not require excessive measures for successful
11 restoration, such as removal of man-made structures or
12 infrastructure;infrastructure. Restoration of the property shall be capable of
13 fully offsetting the adverse impacts of the requested use.
14 (vi) The property shall be suitable to be successfully restored, based on existing
15 hydrology, soils, and vegetation.vegetation;
16 (vii) The estimated cost of restoring and maintaining the property shall not exceed the
17 value of the property minus site identification and land acquisitiontransaction
18 costs.costs;
19 (viii) The property shall not contain any building, structure, object, site, or district that
20 is listed in the National Register of Historic Places established pursuant to
21 Public Law 89-665, 16 U.S.C. 470 as amended.amended;
22 (ix) The property shall not contain any hazardous substance or solid waste.waste;
23 (x) The property shall not contain structures or materials that present health or
24 safety problems to the general public. If wells, septic, water or sewer
25 connections exist, they shall be filled, remediated or closed at owner's expense
26 in accordance with state and local health and safety regulations.regulations;
27 (xi) The property and adjacent properties shall not have prior, current, and known
28 future land use that would inhibit the function of the restoration effort.effort; and
29 (xii) The property shall not have any encumbrances or conditions on the transfer of
30 the property interests.
31 (d) At the expense of the applicant or donor, the following information shall be submitted to
32 the local governmentgovernment, or the Director for the cases involving state or federal
33 entities, with any proposal for donations or dedications of interest in real property:
34 (i) Documentation that the property meets the requirements laid out in Sub-Item
35 (8)(c) of this Rule;
36 (ii) US Geological Survey 1:24,000 (7.5 minute) scale topographic map, county tax
37 map, USDA Natural Resource Conservation Service County Soil Survey Map,
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1 and county road map showing the location of the property to be donated along
2 with information on existing site conditions, vegetation types, presence of
3 existing structures and easements;
4 (iii) A current property survey performed in accordance with the procedures of the
5 North Carolina Department of Administration, State Property Office as
6 identified by the State Board of Registration for Professional Engineers and
7 Land Surveyors in "Standards of Practice for Land Surveying in North
8 Carolina." Copies may be obtained from the North Carolina State Board of
9 Registration for Professional Engineers and Land Surveyors, 3620 Six Forks
10 Road, Suite 300, Raleigh, North Carolina 27609;
11 (iv) A current appraisal of the value of the property performed in accordance with
12 the procedures of the North Carolina Department of Administration, State
13 Property Office as identified by the Appraisal Board in the "Uniform Standards
14 of Professional North Carolina Appraisal Practice." Copies may be obtained
15 from the Appraisal Foundation, Publications Department, P.O. Box 96734,
16 Washington, D.C. 20090-6734; and
17 (v) A title certificate.
18 (8) RIPARIAN BUFFER RESTORATION OR ENHANCEMENT. Persons who choose to meet
19 their mitigation requirement through riparian buffer restoration or enhancement shall meet the
20 following requirements:
21 (a) The applicant may restore or enhance a non-forested riparian buffer if either of the
22 following applies:
23 (i) The area of riparian buffer restoration is equal to the required area of mitigation
24 determined pursuant to Item (3)(5) of this Rule; or
25 (ii) The area of riparian buffer enhancement is three times larger than the required
26 area of mitigation determined pursuant to Item (3)(5) of this Rule.Rule;
27 (b) The location of the riparian buffer restoration or enhancement shall comply with the
28 requirements in Item (4)(6) of this Rule.Rule;
29 (c) The riparian buffer restoration or enhancement site shall have a minimum width of 50
30 feet as measured horizontally on a line perpendicular to the surface water.water;
31 (d) Enhancement and restoration shall both have the objective of establishing a forested
32 riparian buffer according to the requirements of this Item. Enhancement shall be
33 distinguished from restoration based on existing buffer conditions. Where existing trees
34 are sparse, that is greater than or equal to 100 trees per acre but less than 200 trees per
35 acre, a buffer may be enhanced. Where existing woody vegetation is absent, that is less
36 than 100 trees per acre, a buffer may be restored;
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1 (d)(e) The applicant shall first receive an Authorization Certificate for the proposed use
2 according to the requirements of 15A NCAC 02B .0267. After receiving this
3 determination, the applicant shall submit a restoration or enhancement plan for approval
4 by the local government.government, or the Director for the cases involving state or
5 federal entities. The restoration or enhancement plan shall contain the following:
6 (i) A map of the proposed restoration or enhancement site;
7 (ii) A vegetation plan. The vegetation plan shall include a minimum of at least two
8 native hardwood tree species planted at a density sufficient to provide 320 trees per acre
9 at maturity;
10 (iii) A grading plan. The site shall be graded in a manner to ensure diffuse flow
11 through the riparian buffer;
12 (iv) A fertilization plan; and
13 (v) A schedule for implementation.implementation;
14 (e)(f) Within one year after the local government has approved the restoration or enhancement
15 plan, the applicant shall present proof to the local governmentgovernment, or the Director
16 for the cases involving state or federal entities, that the riparian buffer has been restored
17 or enhanced. If proof is not presented within this timeframe, then the person shall be in
18 violation of both the State’s and the local government’s riparian buffer protection
19 program.program;
20 (f)(g) The mitigation area shall be placed under a perpetual conservation easement that will
21 provide for protection of the property’s nutrient removal functions.functions; and
22 (g)(h) The applicant shall submit annual reports for a period of five years after the restoration or
23 enhancement showing that the trees planted have survived and that diffuse flow through
24 the riparian buffer has been maintained. The applicant shall replace trees that do not
25 survive and restore diffuse flow if needed during that five-year period.
26
27 History Note: Authority G.S. 143-214.1; 143-214.5; 143-214.7; 143-214.12; 143-214.21; 143-215.3(a)(1); 143-
28 215.6A; 143-215.6B; 143-215.6C; 143-282(d); 143 215.8B;143-215.8B(b); 143B-282(c); 143B-
29 282(d); S.L. 2005-190; S.L. 2006-259;
30 Eff. July 1, 2008.
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1 15A NCAC 02B .0272.0269 is adopted with changes as published in 21:24 NCR 2308 as follows:
2 Note: This Rule was originally published as 15A NCAC 02B .0272. Due to recommendations by the Rules
3 Review Commission staff, the original Rule 15A NCAC 02B .0269 has been renumbered as Rule 15A NCAC
4 02B .0273.
5
6 15A NCAC 02B .0272.0269 RIPARIAN BUFFER MITIGATION FEES TO THE NC ECOSYSTEM
7 ENHANCEMENT PROGRAM
8 The following is the process for payment of fees to the Riparian Buffer Restoration Fund administered by the North
9 Carolina Ecosystem Enhancement Program as one option to mitigate riparian buffer impacts as allowed under rules
10 in this subchapter. These fees shall be paid to the Riparian Buffer Restoration Fund administered by the North
11 Carolina Ecosystem Enhancement Program. Persons who wish to use this option shall first meet the criteria
12 established for doing so in the buffer rules in this subchapter that reference this Rule. Such buffer rules include, but
13 may not be limited to, Rules 15A NCAC 02B .0242, .0244, .0260, and .0268. (1)PAYMENT TO THE RIPARIAN
14 BUFFER RESTORATION FUND. Persons who choose to satisfy their mitigation determination by paying a
15 compensatory mitigation fee to the Riparian Buffer Restoration Fund as allowed here shall use the following
16 procedure:
17 (a)(1) SCHEDULE OF FEES: The amount of payment into the Fund shall be based on the costs of
18 riparian buffer restoration. The payment amount shall be determined by multiplying the acres or
19 square feet of mitigation required under other rules in this Subchapter by an initial value of
20 seventy ninety-six cents per square foot or thirty forty-one thousand four eight hundred and ninety
21 twoeighteen dollars per acre ($2/acre). ($41,818/acre). This initial per-acre rate shall be adjusted
22 in January of each year by staff of the NC Ecosystem Enhancement Program based upon the
23 construction cost index factor published every December in the Engineering News Record.
24 (b)(2) The required fee shall be submitted to the N.C. Ecosystem Enhancement Program (NC EEP), 1652
25 Mail Service Center, Raleigh, NC 27699-1652 prior to any activity that results in the removal or
26 degradation of the protected riparian buffer for which a “no practical alternatives” determination
27 has been made pursuant to requirements of other rules in this subchapter.
28 (c)(3) The payment of a compensatory mitigation fee may be fully or partially satisfied by donation of
29 real property interests pursuant to requirements of other rules in this subchapter.
30
31 History Note: Authority G S. 143-214.1; 143-214.5; 143-214.5(i); 143-214.7; 143-214.12; 143-214.21; 143-
32 215.3(a)(1); 143-215.6A; 143-215.6B; 143-215.6C; 143-282(d); 143 215.8B;143-215.8B(b);
33 143B-282(c); 143B-282(d); S.L. 2005-190; S.L. 2006-259;
34 Eff. July 1, 2008
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1 .015A NCAC 02B .0270 is adopted with changes as published in 21:24 NCR 2297-2302 as follows:
2
3 15A NCAC 02B .0270 JORDAN WATER SUPPLY NUTRIENT STRATEGY: WASTEWATER
4 DISCHARGE REQUIREMENTS
5 The following is the National Pollutant Discharge Elimination System (NPDES)NPDES wastewater discharge
6 management strategy for the B. Everett Jordan Reservoir Watershed watershed, or Jordan watershed:to protect the
7 water supply uses of Jordan Reservoir and of designated water supplies throughout the Jordan watershed:
8 (1) PURPOSE. The purpose of this Rule is to establish minimum nutrient control requirements for
9 point source wastewater discharges in the Jordan watershed in order to restore and maintain water
10 quality in the reservoir and its tributaries and protect their designated uses, including water supply.
11 (1)(2) Applicability.APPLICABILITY. This Rule applies to all wastewater treatment facilities
12 discharging in the Jordan Reservoir Watershedwatershed that receive nutrient-bearing wastewater
13 and are required to obtain subject to requirements for individual NPDES permits.
14 (2)(3) Definitions.DEFINITIONS. For the purposes of this Rule, the following definitions apply:
15 (a) In regard to point source dischargers, treatment facilities, and wastewater flows or and
16 discharges, or like matters,
17 (i) "Existing" means that which obtained or was subject to a NPDES permit on or
18 before as of December 31, 2001.2001;
19 (ii) "Expanding" means that which has increased or will increasesincrease beyond
20 its permitted flow as defined in this Rule.Rule; and
21 (iii) "New" means that which had not obtained or was not subject to a NPDES permit
22 on or before as of December 31, 2001.
23 (b)"Delivered”, as in delivered allocation, load, or limit, means the allocation, load, or limit that is
24 measured or predicted at the Jordan Reservoir. A delivered value is equivalent to a
25 discharge value multiplied by its assigned transport factor.
26 (c)"Discharge”, as in discharge allocation, load, or limit means the allocation, load, or limit that is
27 measured at the point of discharge into surface waters in the Jordan Reservoir Watershed.
28 A discharge value is equivalent to a delivered value divided by its assigned transport
29 factor.
30 (d)"MGD" means million gallons per day.
31 (b) “Active” allocation means that portion of an allocation that has been applied toward and
32 is expressed as a nutrient limit in an individual NPDES permit. Allocation that is held but
33 not applied in this way is “reserve” allocation.
34 (d) “Allocation” means the mass quantity, as of nitrogen or phosphorus, that a discharger or group
35 of dischargers is potentially allowed to release into surface waters of the Jordan Reservoir
36 Watershed. Allocations may be expressed as “delivered allocation” or as the equivalent
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1 “discharge allocation.” Possession of allocation does not authorize the discharge of

2 nutrients but is prerequisite to such authorization in a NPDES permit.
3 (f)(c) “Limit” means the mass quantityquantity, as of nitrogen or phosphorus,phosphorus
4 that a discharger or group of dischargers is authorized through a NPDES permit to
5 release into surface waters of the Jordan Reservoir Watershed.watershed. Limits are
6 enforceable and may be expressed as “delivered limit” or as the equivalent “discharge
7 limit.”
8 (f)“Load” means the actual mass quantity, as of nitrogen or phosphorus, that a discharger or group
9 of dischargers releases into surface waters of the Jordan Reservoir Watershed. Loads may
10 be expressed as “delivered load” or as the equivalent “discharge load.”
11 (g)“Nutrients” means total nitrogen and total phosphorus.
12 (h)“Nutrient load allocation” or “load allocation” means the aggregate allocation of nitrogen or
13 phosphorus for all nonpoint sources in the watershed or any of its subwatersheds. The
14 load allocations are expressed as delivered allocations.
15 (i) “Nutrient wasteload allocation” or “wasteload allocation” means the aggregate allocation of
16 nitrogen or phosphorus for all point source dischargers in the watershed or any of its
17 subwatersheds. The wasteload allocations are expressed as delivered allocations.
18 (d) "MGD" means million gallons per day.
19 (k)(e) “Permitted flow” means the maximum monthly average flow authorized in a facility’s
20 NPDES permit as of December 31, 2001, with the following exceptions:
21 NPDES Permitted
22 Facility Owner Facility Name Permit Flow (MGD)
23 B. E. Jordan & Son, LLC Saxapahaw B. E. Jordan & Son WWTP NC0042528
24 0.036
25 Durham County Triangle WWTP NC0026051 12.0
26 Fearrington Util.,Utilities, Inc. Fearrington Util. Village WWTP
27 NC0043559 0.5
28 Greensboro, City of T.Z. Osborne WWTP NC0047384 40.0
29 Mervyn R. King Countryside Manor WWTP NC0073571 0.03
30 OWASA Mason Farm WWTP NC0025241 14.5
31 Pittsboro, Town of Pittsboro WWTP NC0020354 2.25
32 Quarterstone Farm HOAAssoc. Quarterstone Farm WWTP
33 NC0066966 0.2
34 Whippoorwill LLCAqua North Carolina, Inc. Carolina Meadows WWTPChatham WRF
35 NC0056413 0.35
36
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1 (f) “Reserve” allocation means allocation that is held by a permittee or other person but
2 which has not been applied toward and is not expressed as a nutrient limit in an
3 individual NPDES permit. Allocation that has been applied and expressed in this way is
4 “active” allocation.
5 (k)"Total nitrogen" or “nitrogen” means the sum of the organic, nitrate, nitrite, and ammonia
6 forms of nitrogen as in a water or wastewater.
7 (l)"Total phosphorus" or “phosphorus” means the sum of the orthophosphate, polyphosphate, and
8 organic forms of phosphorus as in a water or wastewater.
9 (m)"Transport factor" means the fraction of the total nitrogen or total phosphorus in a discharge
10 that is predicted to be delivered to the reservoir.
11 (3)(4) This Item specifies provides for the initial division of nutrient wasteload allocations for among
12 point source dischargers under this strategy.
13 (a) The delivered wasteload allocations of nitrogen and phosphorus assigned to point source
14 dischargers collectively in each of the Jordan Reservoir subwatershedssubwatersheds, as
15 set out in Rule 15A NCAC 2B .0262(4), shall equal the loading targets specified in 15A
16 NCAC 02B .0262.
17 (b)The initial allocations shall be divided as follows:
18 Subwatershed and Delivered Allocations (lb/yr)
19 Discharger Subcategories Total Nitrogen Total Phosphorus
20 Upper New Hope Arm
21 Permitted flows ≥ 0.1 MGD 332,467332,466 22,498
22 Permitted flows < 0.1 MGD 3,613 608
23 Lower New Hope Arm
24 Permitted flows ≥ 0.1 MGD 6,836 498
25 Permitted flows < 0.1 MGD 0 0
26 Haw River Arm
27 Permitted flows ≥ 0.1 MGD 881,757 104,004
28 Permitted flows < 0.1 MGD 13,370 1,996
29
30
31 (c)(b) INDIVIDUAL DELIVERED ALLOCATIONS. The nutrient allocations in Sub-Item
32 (b)(a) of this Item shall be apportioned among the existing dischargers in each
33 subcategory in proportion to the dischargers’ permitted flows and the resulting delivered
34 nutrient allocations assigned to each individual discharger.
35 (4)(5) This Item describes allowable changes in nutrient allocations.
36 (a) The aggregate and individual nutrient allocations available to point source dischargers in
37 the Jordan Reservoir Watershedwatershed are subject to change:
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1 (i) Whenever, as provided in 02B .0262, Whenever the CommissionCommission,

2 through rulemaking, revises the wasteload allocations in 15A NCAC 02B .0262
3 in order to ensure that the protection of water quality in the reservoir and its
4 tributaries meets all standards in 15A NCAC 02B .0200 or to conform with
5 applicable state or federal requirements;
6 (ii) Whenever one or more point source dischargers acquires any portion of the
7 nutrient nonpoint load allocations is acquired by one or more point source
8 dischargers under the provisions in this Rule, and 15A NCAC 02B .0240, and
9 02B .0269;.0273, Options for Offsetting Nutrient Loads; and
10 (iii) As the result of allocation transfers between point sources or between point and
11 nonpoint sources, as provided elsewhere in this Jordan Reservoir Strategy,
12 except that any nutrient allocation can only be transferred and applied only
13 within its assigned subwatershed.subwatershed; or
14 (iv) Any allocation is valid only in the subwatershed for which it is first established.
15 (b) In the event that the Commission reviseschanges any nutrient wasteload allocation
16 specified in 15A NCAC 02B .0262 or Item (3) of this Rule, the Commission shall also re-
17 evaluate the apportionment among the dischargers and shall revise the individual
18 allocations as necessary. The Commission may consider such factors as nutrient control
19 measures already implemented; transfers of allocation already effected; probable need for
20 growth and expansion; fate and transport of nitrogen in the river basin; technical
21 feasibility and economic reasonableness of source reduction and treatment methods;
22 economies of scale; incentives for responsible planning, utilities management, resource
23 protection, and cooperative efforts among dischargers; and other factors it deems
24 relevant.
25 (5)(6) This Item specifies identifies nutrient controls for discharges from control requirements specific to
26 existing discharges.
27 (a) Beginning with the first full calendar year following the effective date of this Rule,
28 any existing discharger with a permitted flow of 0.1 MGD or greater shall limit its
29 total phosphorus discharge to its active individual discharge allocation as defined or
30 modified pursuant to this Rule.
31 (a)(b) No later than six months from after the effective date of this Rule, each existing
32 discharger with a permitted flowflows greater than or equal to 0.1 MGD shall evaluate
33 its treatment facilities and operations and identify further opportunities to improve and
34 optimize nutrient nitrogen reduction in the existing facilities beyond those previously
35 implemented pursuant to G.S. 143-215.1B(d); and shall submit a report to the
36 Division documenting its findings, proposed actions, proposing optimization
37 measures, and describing expected results. No later than six months following
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1 Division acceptance of the report, or as provided in the acceptance, the discharger

2 shall implement the proposed measures. No later than one year after the effective date
3 of this Rule,Beginning one year following Division acceptance of the report and
4 continuing through the fifth calendar year after the effective date of this Rule, each
5 such discharger shall submit a progress report to the divisionDivision documenting
6 the status of the proposed measures taken and the nutrient nitrogen reductions
7 achieved at the facility. Each discharger shall continue these optimization measures
8 indefinitely.
9 (b)(c) Beginning with the fifth full calendar year 2016, after the effective date of this Rule,
10 any each existing discharger with a permitted flow equal to or greater than or equal to
11 0.1 MGD shall be subject to limit its total nitrogen permit limitsdischarge to its active
12 individual discharge allocation as defined or modified pursuant to not to exceed its
13 individual discharge allocations, pursuant to Item (3) of this Rule.
14 (d) Not later than 45 days after the effective date of this Rule, the Director shall notify
15 existing permittees of the individual nitrogen and phosphorus allocations assigned
16 according to Item (4) of this Rule and shall further notify each permittee, pursuant to
17 15A NCAC 02H .0114, of the Division’s intent to modify the permittee’s NPDES
18 permit to incorporate nitrogen and phosphorus limits pursuant to the requirements set
19 out in this rule and in accordance with applicable rules and regulations.
20 (c)Beginning with the first full calendar year after the effective date of the rule, any discharger
21 with a permitted flow equal to or greater than 0.1 MGD shall be subject to total
22 phosphorus permit limits not to exceed its individual discharge allocations, pursuant
23 to Item (3) of this Rule.
24 (d)The Director shall establish more stringent limits for nitrogen or phosphorus upon finding that
25 such limits are necessary to protect water quality standards in localized areas.
26 (6)(7) This Item specifies identifies nutrient controls forcontrol requirements specific to new discharges.
27 (a) Any person proposing a new wastewater discharge to surface waters shall meet the
28 following requirements prior to applying for an NPDES permit:
29 (i) Evaluate all practical alternatives to said discharge, pursuant to 15A NCAC 2H
30 .0105(c)(2);
31 (ii) If the results of the evaluation support a new discharge, acquire sufficient
32 nitrogen and phosphorus allocations for the discharge. Make every reasonable
33 effort to The proponent may obtain allocation for the proposed discharge from
34 existing dischargers. dischargers pursuant to the applicable requirements of Item
35 (9) of this Rule or employ measures to offset the increased nutrient loads
36 resulting from the proposed discharge. If it cannot acquire the necessary
37 allocation from existing facilities, the The proponent may fund offset measures
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1 by making payment to the NC Ecosystem Enhancement Program contingent

2 upon acceptance of payments by that Program, or implement other offset
3 measures contingent upon approval by the Division, either of which shall meet
4 the requirements of rule 15A NCAC 02B .0273. The offsets shall be of an
5 amount equivalent to the allocations required purchase a portion of the nonpoint
6 source load allocation for a period of 30 years.years at the rate set in 15A NCAC
7 02B .0240 to implement practices designed to offset the loading created by the
8 new facility. Payment for each 30-year portion of the nonpoint source load
9 allocation shall be made prior to the ensuing permit issuance;
10 (iii) Determine whether the proposed discharge of nutrients will cause local water
11 quality impacts; and
12 (iv) Provide documentation with its NPDES permit application demonstrating that
13 the requirements of Sub-Items (i) and through (ii)(iii) of this Sub-Item have been
14 met.
15 (b) The nutrient discharge allocations and offsets for a new facility shall not exceed the
16 mass loads equivalent to a concentration of 3.0 mg/L nitrogen or 0.18 mg/L
17 phosphorus at the greatest monthly flow limit permitted flow in the discharger’s
18 NPDES permit.
19 (c) Upon the effective date of its NPDES permit, a new discharger shall be subject to
20 nitrogen and phosphorus limits not to exceed its active individual discharge
21 allocations.
22 (d)The Director shall establish more stringent limits for nitrogen or phosphorus upon finding that
24 (7)(8) This Item specifies identifies nutrient controls forcontrol requirements specific to expanding
25 discharges.
26 (a) Any person proposing to expand an existing wastewater discharge to surface waters
27 beyond its permitted flow as defined in this Rule shall meet the following requirements
28 prior to applying for an NPDES permit:
29 (i) Evaluate all practical alternatives to said discharge, pursuant to 15A NCAC 2H
30 .0105(c)(2);
31 (ii) If the results of the evaluation support an expanded discharge, acquire sufficient
32 nitrogen and phosphorus allocations for the discharge. Make every reasonable
33 effort to The proponent may obtain allocation for the proposed discharge from
34 existing dischargers. dischargers pursuant to the applicable requirements of Item
35 (9) of this Rule or employ measures to offset the increased nutrient loads
36 resulting from the proposed discharge. If it cannot acquire the necessary
37 allocation from existing facilities, theThe proponent may fund offset measures
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1 by making payment to the NC Ecosystem Enhancement Program contingent

2 upon acceptance of payments by that Program or implement other offset
3 measures contingent upon approval by the Division, either of which shall meet
4 the requirements of rule 15A NCAC 02B .0273. The offsets shall be of an
5 amount equivalent to the allocations required purchase a portion of the nonpoint
6 source load allocation for a period of 30 years.years at the rate set in 15A NCAC
7 02B .0240 to implement practices designed to offset the loading created by the
8 new facility. Payment for each 30-year portion of the nonpoint source load
9 allocation shall be made prior to the ensuing permit issuance;
10 (iii) Determine whether the proposed discharge of nutrients will cause local water
11 quality impact; and
12 (iv) Provide documentation with its NPDES permit application demonstrating that
13 the requirements of Sub-Items (i) through (ii)(iii) of this Sub-Item have been
14 met.
15 (b) The nutrient discharge allocations limits for an expanding facility shall not exceed the
16 greater of its nutrient allocations or the mass value equivalent to a concentration of 3.0
17 mg/L nitrogen or 0.18 mg/L phosphorus at the greatest monthly flow limitpermitted
18 flow in the discharger’s NPDES permit; permit except that this provision shall not
19 result in an allocation or limit that is less than originally assigned to the discharger
20 under this Rule.
21 (c) Upon expansion or upon notification by the Director that it is necessary to protect water
22 quality, any discharger with a permitted flow of less than 0.1 MGD, as defined under this
23 Rule, shall become subject to total nitrogen and total phosphorus permit limits not to
24 exceed its active individual discharge allocations.
25 (c)The Director shall establish more stringent limits for nitrogen or phosphorus upon finding that
27 (8)(9) This Item describes additional requirements regarding nutrient discharge limits for wastewater
28 facilities:
29 (a) Annual mass nutrient limits shall be established as calendar-year limits.
30 (b) Any point source discharger holding nutrient allocations under this Rule may by mutual agreement
31 transfer all or part of its allocations to any new, existing, or expanding dischargers in the
32 same Jordan Reservoir Subwatershed subwatershed or to other person(s), subject to the
33 restrictions and requirements presented in this Ruleprovisions of the Jordan nutrient
34 stragegy.
35 (c) For NPDES compliance purposes, the enforceable nutrient limits for an individual
36 facility or for a compliance association described in Item (10) shall be the effective
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1 limits in the governing permit, regardless of the allocation held by the discharger or
2 association.
3 (d) The Director may establish more stringent nitrogen or phosphorus discharge limits for
4 any discharger upon finding that such limits are necessary to prevent the discharge
5 from causing adverse water quality impacts on surface waters other than an arm of
6 Jordan Reservoir as defined in Rule .0262(4) of this strategy. The Director shall
7 establish such limits through modification of the discharger's NPDES permit in
8 accordance with applicable rules and regulations. When the Director does so, the
9 discharger retains its nutrient allocations, and the non-active portion of the
10 discharger’s allocation becomes reserve allocation. The allocation remains in reserve
11 until the director determines that less stringent limits are allowable or until the
12 allocation is applied to another discharge not subject to such water quality-based
13 limits.
14 (d)(e) In order for any transfer of allocation to become effective as a discharge limit in an
15 individual NPDES permit, the discharger must request and obtain modification of the
16 permit. Such request must:shall:
17 (i) Describe the purpose and nature of the modification;
18 (ii) Describe the nature of the transfer agreement, the amount of allocation
19 transferred, and the dischargers or persons involved;
20 (iii) Provide copies of the transaction agreements with original signatures consistent
21 with NPDES signatory requirements; and
22 (iv) Demonstrate to the Director’s satisfaction that the increased nutrient discharge
23 will not violate water quality standards in localized areas.
24 (e)(f) Changes in a discharger’s nutrient limits shall become effective upon modification of its
25 individual permit but no sooner than January 1 of the year following modification. If the
26 modified permit is issued after January 1, the Director may make the limit effective on
27 that January 1 provided that the discharger made acceptable application in a timely
28 manner.
29 (f)(g) Regional Facilities. In the event that an existing discharger or group of dischargers
30 accepts wastewater from another NPDES-permitted treatment facility in the same
31 Jordan Reservoir subwatershed and that acceptance results in the elimination of the
32 discharge from the other treatment facility, the eliminated facility's delivered nutrient
33 allocations shall be transferred and added to the accepting discharger's delivered
34 allocations.
35 (9)(10) This Item describes the option for dischargers to join a group compliance association to
36 collectively meet nutrient control requirements.
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1 (a) Any or all facilities within the same Jordan Reservoir subwatershed may form a group
2 compliance association to meet delivered nutrient allocations collectively. More than
3 one group compliance association may be established in any subwatershed. No
4 facility may belong to more than one association at a time.
5 (b) Any such association must apply for and shall be subject to an NPDES permit that
6 establishes the effective nutrient limits for the association and for its members.
7 (c) No later than 180 days prior to the proposed date of a new association’s operation or
8 expiration of an existing association’s NPDES permit, the association and its
9 members shall submit an application for a NPDES permit for the discharge of
10 nutrients to the surface waters of the Jordan Reservoir Watershed.watershed. The
11 association’s NPDES permit shall be issued to the association and its members. It
12 shall specify the delivered nutrient limits for the association and for each of its co-
13 permittee members and other requirements the Director deems appropriate.
14 Association members shall be deemed in compliance with the permit limits for
15 nitrogen and phosphorus contained in their individually issued NPDES permits so
16 long as they remain members in an association.
17 (d) An association's delivered nitrogen and phosphorus limits shall be the sum of its
18 members' individual active delivered allocations for each nutrient plus any other
19 active allocation obtained by the association or its members.
20 (e) The individual delivered allocations for each member in the association permit shall
21 initially be equivalent to the discharge limits in effect in the member’s NPDES
22 permit. Thereafter, changes in individual allocations or limits must be incorporated
23 into the members’ individual permits before they are included in the association
24 permit.
25 (f) An association and its members may reapportion the individual delivered allocations
26 of its members on an annual basis. Changes in individual allocations or limits must be
27 incorporated into the members’ individual permits before they are included in the
28 association permit.
29 (g) Changes in nutrient limits shall become effective no sooner than January 1 of the year
30 following permit modification. If the modified permit is issued after January 1, the
31 Director may make the limit effective on that January 1 provided that the discharger
32 made acceptable application in a timely manner.
33 (h) Beginning with the first full calendar year 2016, that the nitrogen or phosphorus limits
34 are effective, an association that does not meet its permit limit for nitrogen or
35 phosphorus for a calendar year shallshall, no later than May 1 of the year following
36 the exceedance, make an offset payment to the NC Ecosystem Enhancement Program
37 contingent upon acceptance of payments by that Program or by implementing other
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1 load offsetting measures contingent upon approval by the Division , either of which
2 shall meet the requirements of rule 15A NCAC 02B .0273.as provided and at the rate
3 set in 15A NCAC 02B .0240 no later than May 1 of the year following the
4 exceedence.
5 (i) Association members shall be deemed in compliance with their individual delivered
6 allocations limits in the association NPDES permit as long asfor any calendar year in
7 which the association is in compliance with its delivered allocationlimit. If the
8 association fails to meet its delivered allocationlimit, the association and the members
9 that have failed to meet their individual delivered nutrient allocations limits in the
10 association NPDES permit will be out of compliance with the association NPDES permit.
11 (j)The Director shall establish more stringent limits for nitrogen or phosphorus upon finding that
13
14 History Note: Authority G.S. 143-214.1; 143-214.5; 143-215; 143-215.1; 143-215.3(a)(1); 143-215.8B(b);143-
15 215B; 143B-282(c); 143B-282(d); S.L. 1995, c. 572; S.L. 2005-190; S.L. 2006-259;
16 Eff. July 1, 2008.
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2
4 REQUIREMENTS FOR STATE AND FEDERAL ENTITIES
5 The following is the stormwater strategy for the activities of state and federal entities within the Jordan watershed,
6 as prefaced in Rule 02B.0262.
7 (1) PURPOSE. The purposes of this Rule are as follows.
8 (a) To achieve and maintainmaintain, on new non-road development lands, the nonpoint
9 source nitrogen and phosphorus percentage reduction goals established for Jordan
10 Reservoir in Rule 15A NCAC 02B .0262 relative to the baseline period defined in that
11 Rule Rule, to provide the highest practicable level of treatment on new road
12 development, and to achieve and maintain the percentage goals on existing developed
13 lands by reducing loading from state-maintained roadways and industrial facilities, and
14 from lands controlled by other state and federal entities in the Jordan watershed;
15 (b) To ensure that the integrity and nutrient processing functions of receiving waters and
16 associated riparian buffers are not compromised by erosive flows from state-maintained
17 roadways and industrial facilities, facilities and from lands controlled by other state and
18 federal entities in the Jordan watershed; and
19 (c) To protect the water supply uses of Jordan Reservoir and of designated water supplies
20 throughout the Jordan watershed.
21 (2) APPLICABILITY. This Rule shall apply to all existing and new development development, both
22 as defined in Rule 15A NCAC 2B .0263, that lies within or partially within the Jordan watershed
23 under the control of the NC Department of Transportation (NCDOT), including roadways and
24 industrial facilities, and to all lands controlled by other state and federal entities in the Jordan
25 watershed. Existing development is development that exists as of the effective date of stormwater
26 management programs established under Section (3) and (4) of this rule or development that
27 occurs after the effective date of those programs but is not subject to the requirements of those
28 programs, such as vested projects and redevelopment that does not yield a net increase in built-
29 upon area. New development is development that occurs subsequent to the effective date of, and
30 is subject to, stormwater management programs established under Sections (3) and (4) of this
31 Rule.
32 (3) NON-NCDOT REQUIREMENTS. With the exception of the NCDOT, all state and federal
33 entities that control lands within the Jordan watershed shall meet the following requirements:
34 (a) For any new development proposed within their jurisdictions that would disturb one acre
35 or more for single family and duplex residential property and recreational facilities, and
36 one-half acre or more,more for commercial, industrial, institutional, or multifamily
37 residential property, non-NCDOT state and federal entities shall develop stormwater
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1 management plans for submission to and approval by the Division. These stormwater
2 plans shall not be approved by the Division unless the following criteria are met:
3 (i) The nitrogen and phosphorus loads contributed by the proposed new
4 development activity in a given subwatershed shall not exceed certain the unit-
5 area mass loading rates. rates applicable to that subwatershed as follows for
6 nitrogen and phosphorus, respectively, These loading rates shall be calculated as
7 the percentage reduction goals established in Rule 15A NCAC 02B .0262 for the
8 subwatershed or subwatersheds in which the development occurs, applied to
9 area-weighted average loading rates of developable lands in the same
10 subwatershed or subwatersheds. These area-weighted average loading rates
11 shall be determined using land use and loading information representative of the
12 baseline period defined in Rule 15A NCAC 02B .0262. Initial values for
13 nitrogen and phosphorus loading rate targets respectively in each subwatershed
14 shall be the following, expressed in units of pounds per acre per year: 2.2 and
15 0.82 in the Upper New Hope; 4.4 and 0.78 in the Lower New Hope; and 3.8 and
16 1.43 in the Haw. The Division may adjust these initial values based on
17 improved land use and loading data or based on modifications to the strategy
18 reduction goals in Section (7) of Rule 15A NCAC 02B .0262. The developer
19 shall determine the need for engineered stormwater controls to meet these
20 loading rate targets by using the loading calculation method called for in this
21 Section or other similarequivalent method acceptable to the Division.
22 (ii) Proposed new development subject to NPDES, water supply, and other state-
23 mandated stormwater regulations shall comply with those regulations in addition
24 to the other requirements of this Sub-Item. Proposed new development in any
25 water supply watershed in the Jordan watershed designated WS-II, WS-III, or
26 WS-IV shall comply with the density-based restrictions, obligations, and
27 requirements for engineered stormwater controls, clustering options, and 10/70
28 provisions described in Sections (3)(b)(i) and (3)(b)(ii) of the applicable Rule
29 among Rules 15A NCAC 02B .0214 through .0216;
30 (iii) Stormwater systems shall be designed to control and treat the runoff generated
31 from all surfaces by one inch of rainfall. The treatment volume shall be drawn
32 down no faster than 48 hours and no slower than 120 hours. pursuant to
33 guidance specific to each practice as provided in the most recent version of the
34 Stormwater Best Management Practices Manual published by the Division, or
35 other technically at least equivalent guidance acceptable to the Division.
36 Treatment systems shall achieve an 85 percent average annual removal rate for
37 Total Suspended Solids. To ensure that the integrity and nutrient processing
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1 functions of receiving waters and associated riparian buffers are not

2 compromised by erosive flows, stormwater flows from the development shall
3 not contribute to degradation of waters of the State. At a minimum, the
4 development shall not result in a net increase in peak flow leaving the site from
5 pre-development conditions for the one-year, 24-hour storm event;
6 (iv) Proposed new development that would replace or expand structures or
7 improvements that existed as of December 2001, the end of the baseline period,
8 and which would not result in a net increase in built-upon area shall not be
9 required to meet the nutrient loading targets or high-density requirements except
10 to the extent that it shall provide at least equal stormwater control at least equal
11 to the previous development. Proposed new development that would replace or
12 expand existing structures or improvements and would result in a net increase in
13 built-upon area shall have the option to either to achieve at least the percentage
14 loading load reduction goals stated in Rule 15A NCAC 02B .0262 as applied to
15 nitrogen and phosphorus loading from the previous development for the entire
16 project site, or to meet the loading rate targets described in Section (3)(a)(i);
17 (v) The proposedProposed new development shall comply with the riparian buffer
18 protection requirements of Rules 15A NCAC 02B .0267 and .0268;
19 (vi) The entity shall have the option of partially offsetting part of the nitrogen and
20 phosphorus loads by implementing or funding offsite management
21 measures.measures as follows: These offsite, offsetting measures shall achieve
22 at least equivalent reductions in nitrogen and phosphorus loading to the
23 remaining reduction needed onsite to comply with Sub-Item (3)(a)(i) of this
24 Rule. Before using offsite offset options, a development shall meet any
25 requirements for engineered stormwater controls described in Section (3)(a)(ii)
26 of this Rule, and shall attain a maximum nitrogen loading rate on-site of four
27 pounds per acre per year for single-family, detached and duplex residential
28 development and eight pounds per acre per year for other development,
29 including multi-family residential, commercial and industrial and shall meet any
30 requirements for engineered stormwater controls described in Section (3)(a)(iii)
31 of this Rule.. Only offsetting loading reductions in excess of reductions required
32 under other Rules in this strategy shall receive credit. The entity may utilize the
33 offset option provided in Rule 15A NCAC 02B .0240 for this purpose,
34 contingent upon acceptance of their offset proposals by the NC Ecosystem
35 Enhancement Program.An entity may make offset payments to the NC
36 Ecosystem Enhancement Program contingent upon acceptance of payments by
37 that Program. An entity may propose other offset measures to the Division,
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1 including providing its own offsite offset or utilizing a private seller. All offset
2 measures identified in this Sub-Item shall meet the requirements of Rule 15A
3 NCAC 02B .0273(2)-(4); Before using off-site offset options, the development
4 shall meet any requirements for engineered stormwater controls described in
5 Section (3)(a)(ii) of this Rule and under NPDES Phase II regulations, and shall
6 attain a maximum nitrogen loading rate of 4 pounds/acre/year for single-family
7 detached and duplex residential development and 8 pounds/acre/year for other
8 development, including multi-family residential, commercial and industrial; and
9 (vii) The non-NCDOT state or federal entity shall include measures to ensure
10 maintenance of best management practices (BMPs) implemented as a result of
11 the provisions in Sub-Item (3)(a) of this Rule for the life of the development.
12 (b) For existing development, non-NCDOT state and federal entities shall develop and
13 implement load reduction programs for achieving sustained and maintaining nutrient
14 loading load reductions from existing development.development based on the standards
15 set out in this Sub-Item. Non-NCDOT state and federalSuch entities shall submit these
16 programs for approval by the Division. The A load reduction program shall include the
17 following elements and meet the following associated criteria:
18 (i) The long-term objective of this program shall be for the entity to achieve the
19 percentage nutrient loading load reduction goals in Item (3) of Rule 15A NCAC
20 02B .0262 relative to annual mass loadingloads, in pounds per year,
21 representative of the baseline period defined in that Rule and as applied to
22 reaching Jordan Reservoir from existing development developed lands within
23 each subwatershed under its land use authority.control. Loads shall be
24 calculated by applying the Tar-Pamlico Nutrient Export Calculation Worksheet,
25 Piedmont Version, dated October 2004, or an equivalent or more accurate
26 method acceptable to the Division, to acreages of different types of existing
27 developed lands as defined in this Sub-Item and in Item (2) of this Rule. To
28 provide entities spatial latitude to obtain reductions in different locations, loads
29 thus calculated shall be converted to delivered loads to Jordan Reservoir using
30 transport factors established in the Division document, Nitrogen and
31 Phosphorus Delivery from Small Watersheds to Jordan Lake, dated June 30,
32 2002. In addressing this long-term objective, subjectSubject entities shall
33 include estimates of, and plans for offsetting, nutrient loading load increases
34 from lands developed subsequent to the baseline period but prior to
35 implementation of new development programs. For these post-baseline
36 developed lands, the new loading rate shall be compared to the applicable
37 loading rate target in Sub-Item (3)(a)(i) of Rule 15A NCAC 02B .0273 for the
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1 subwatershed and acres involved, and the difference shall constitute the load
2 reduction need. Should percentage reduction goals be adjusted pursuant to
3 Section (7) of Rule 15A NCAC 02B .0262, then the annual loading load goals
4 established in this Sub-Section shall be adjusted accordingly. Entities may seek
5 to fund implementation of load-reducing activities through grant sources such as
6 the North Carolina Clean Water Management Trust Fund, the North Carolina
7 Clean Water Act Section 319 Grant Program, or other funding programs for
8 nonpoint sources;
9 (ii) Entities shall conduct feasibility studies to determine the extent to which the
10 loading goals referenced in this Rule may be achieved from lands within an
11 entity’s jurisdiction that are not subject to Sub-Item (3)(a) of this Rule, including
12 existing developed lands, through retrofitting. Entities shall develop a proposed
13 implementation rate and compliance schedule for load reductions.The load
14 reduction program shall include a plan and supporting technical analysis for
15 achieving half of each load reduction goal within 10 years after the effective
16 date of this Rule, and a plan and timeframes for achieving the remaining half
17 subject to modification based on technical analysis at 10 years after effective
18 date. A load reduction program may propose an alternative compliance
19 timeframe provided it includes a technical analysis that demonstrates the need
20 for that timeframe. A program technical analysis shall examine the feasibility of
21 achieving stated goals and shall consider factors such as magnitude of reduction
22 need relative to area within a subwatershed, the potential for utilizing the range
23 of load-reducing activities listed in Sub-Item (3)(a)(iv), and relative costs and
24 efficiencies of each activity to the extent information is available. The load
25 reduction program shall propose implementation rates and timeframes for each
26 activity, and This schedule shall provide for reasonable and steady proportionate
27 annual progress toward reduction goals toward meeting the reduction goals as
28 practicable, that is capable of being put into practice, done, or
29 accomplished;throughout the proposed compliance period;
30 (iii) The load reduction program shall identify specific load-reducing practices
31 implemented to date subsequent to the baseline period and for which it is
32 seeking credit;credit. It shall estimate load reductions for these practices using
33 methods provided for in Item (8), and their anticipated duration;
34 (iv) The load reduction program shall identify the types of activities the entity
35 intends to implement and types of existing development affected, relative
36 proportions or a prioritization of practices, and the relative magnitude of
37 reductions it expects to achieve from each. An entity may credit any nitrogen or
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1 phosphorus load reductions in excess of those required by other rules in this

2 Chapter. The program shall identify the duration of anticipated loading load
3 reductions, and should may seek activities that provide sustained, long-term
4 reductions. The load reduction program shall meet the requirements of Rule
5 15A NCAC 02B .0273. Potential load-reducing activities may include but
6 would not be limited to stormwater activities such as street sweeping,
7 improvement of existing ponds and stormwater structures, removal of existing
8 built-upon area, retrofitting of existing development with engineered best
9 management practices (BMPs), requiring treatment of runoff in redevelopment
10 projects, requiring over-treatment of runoff in new development projects, source
11 control activities such as pet waste reduction and fertilization reduction,
12 alternative stormwater practices such as rain barrels, cisterns, downspout
13 disconnections, and stormwater capture and reuse, restoration of ecological
14 communities such as streams and riparian buffers, and wastewater activities
15 such as creation of surplus allocation through advanced treatment at wastewater
16 facilities, expansion of surplus allocation through regionalization, collection
17 system improvements, and removal of illegal discharges;
18 (v) The load reduction program shall identify anticipated funding mechanisms or
19 sources and discuss steps taken or planned to secure such funding;
20 (v)(vi) An entity shall have the option of working with municipalities or counties within
21 its subwatershed to jointly meet the loading load targets from all existing
22 development within their combined jurisdictions;jurisdictions. An entity may
23 utilize private or third party sellers. All reductions shall meet the requirements
24 of Rule 15A NCAC 02B .0273; and
25 (vii) The entity shall include measures to provide for operation and maintenance of
26 retrofitted stormwater controls to ensure that they meet the loading load targets
27 required in Sub-Item (3)(b) of this Rule for the life of the development.
28 development; and
29 (viii) An entity may choose to conduct monitoring of stream flows and runoff from
30 catchments to quantify disproportionately high loading rates relative to those
31 used in the accounting methods stipulated under Item (8), and to subsequently
32 target load-reducing activities to demonstrated high-loading source areas within
33 such catchments for proportionately greater load reduction credit. An entity
34 may propose such actions in its initial load reduction program submittal or at
35 any time subsequent, and shall obtain Division approval of the monitoring
36 design. It shall also obtain Division approval of any resulting load reduction
37 benefits based on the standards set out in this Rule. As detailed in Item (5), an
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1 entity that chooses such monitoring initially may delay submittal of its load
2 reduction program by one year for the purpose of incorporating monitoring
3 findings into its program design provided it submits to the Division within six
4 months of the effective date of this Rule a satisfactory monitoring proposal
5 involving at least one year of up-front monitoring, executes the monitoring, and
6 provides the results to the Division as part of its load reduction program
7 submittal.
8 (4) NCDOT REQUIREMENTS The NCDOT shall develop a single Stormwater Management
9 Program that will be applicable to the entire Jordan watershed and submit this program for
10 approval by the Division. The program shall include the following elements and meet the
11 associated criteria:Division according to the following standards:
12 (a) Identify NCDOT stormwater outfalls from Interstate, US, and NC primary routes;
13 (b) Identify and eliminate illegal discharges into the NCDOT’s stormwater conveyance
14 system;
15 (c) Establish a strategy program for post-construction stormwater runoff control for new
16 development, including new and widening NCDOT roads and industrial facilities. The
17 strategy shall be designed to achieve and maintain the nitrogen and phosphorus
18 percentage loading reduction goals established for each subwatershed in Rule 15A
19 NCAC 02B .0262 on new development in each subwatershed relative to estimates of
20 loads delivered to Jordan Reservoir from developable lands. The program shall establish
21 a process by which the Division shall review and approve stormwater designs for new
22 NCDOT development projects. The program shall delineate the scope of vested projects
23 that would be considered as existing development, and shall define lower thresholds of
24 significance for activities considered new development. In addition, the following
25 criteria shall apply:
26 (i) For new and widening roads, compliance with the riparian buffer protection
27 requirements of Rules 15A NCAC 02B .0267 and.0268 which are expected to
28 achieve a 30 percent nitrogen reduction efficiency in runoff treatment through
29 either diffuse flow into buffers or other practices) shall be deemed as
30 compliance with the purposes of this Rule.
31 (ii) New non-road development shall achieve and maintain the nitrogen and
32 phosphorus percentage load reduction goals established for each subwatershed
33 in Rule 15A NCAC 02B .0262 relative to either area-weighted average loading
34 rates of all developable lands as of the baseline period defined in Rule 15A
35 NCAC 02B .0262, or to project-specific pre-development loading rates. Values
36 for area-weighted average loading rate targets for nitrogen and phosphorus,
37 respectively, in each subwatershed shall be the following, expressed in units of
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1 pounds per acre per year: 2.2 and 0.82 in the Upper New Hope; 4.4 and 0.78 in
2 the Lower New Hope; and 3.8 and 1.43 in the Haw. The NCDOT shall
3 determine the need for engineered stormwater controls to meet these loading
4 rate targets by using the loading calculation method called for in Item (8) or
5 other equivalent method acceptable to the Division. Where stormwater
6 treatment systems are needed to meet these targets, they shall be designed to
7 control and treat the runoff generated from all surfaces by one inch of rainfall.
8 Such systems shall be assumed to achieve the nutrient removal efficiencies
9 identified in the most recent version of the Stormwater Best Management
10 Practices Manual published by the Division provided that they meet associated
11 drawdown and other design specifications included in the same document. The
12 NCDOT may propose to the Division nutrient removal rates for practices
13 currently included in the BMP Toolbox required under its NPDES stormwater
14 permit, or may propose revisions to those practices or additional practices with
15 associated nutrient removal rates. The NCDOT may use any such practices
16 approved by the Division to meet loading rate targets identified in this Sub-Item.
17 New non-road development shall also control runoff flows to meet the purpose
18 of this Rule regarding protection of the nutrient functions and integrity of
19 receiving waters.
20 (iii) For new non-road development, the NCDOT shall have the option of partially
21 offsetting its nitrogen and phosphorus loads by implementing or funding offsite
22 management measures. These offsite offsetting measures shall achieve at least
23 equivalent reductions in nitrogen and phosphorus load to the remaining
24 reduction needed onsite to comply with Sub-Item (4)(c)(ii) of this Rule. Before
25 using offsite offset options, a development shall attain a maximum nitrogen
26 loading rate of 8 pounds per acre per year. The NCDOT may make offset
27 payments to the NC Ecosystem Enhancement Program contingent upon
28 acceptance of payments by that Program. The NCDOT may propose other
29 offset measures to the Division. All offset measures identified in this Sub-Item
30 shall meet the requirements of Rule 15A NCAC 02B .0273.
31 (d) Identify Establish a program to identify and implement load load-reducing opportunities
32 on existing development within the watershed. The long-term objective of this effort
33 shall be for the NCDOT to achieve the nutrient loading load goals in Rule 15A NCAC
34 02B .0262 as applied to existing development under its control, including roads and
35 industrial facilities.
36 (i) For existing non-roadway development, the program shall include estimates of,
37 and plans for offsetting, nutrient load increases from lands developed
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1 subsequent to the baseline period but prior to implementation of its new

2 development program. It shall include a technical analysis that includes a
3 proposed implementation rate and schedule. This schedule shall provide for
4 proportionate annual progress toward reduction goals as practicable throughout
5 the proposed compliance period. The program shall identify the types of
6 activities NCDOT intends to implement and types of existing non-roadway
7 development affected, relative proportions or a prioritization of practices, and
8 the relative magnitude of reductions it expects to achieve from each.
9 (ii) For existing roadway development, NCDOT may meet minimum
10 implementation rate and schedule requirements by implementing retrofits or
11 other load-reducing measures in the watershed to achieve load reductions at the
12 rate of 500 pounds of nitrogen reduction per 5-year period and at least 50
13 pounds per year. To the maximum extent practicable, retrofits shall be designed
14 to treat the runoff generated from all surfaces by 1 inch of rainfall, and shall
15 conform to the standards and criteria established in the most recent version of
16 the Division-approved NCDOT BMP Toolbox required under NCDOT’s
17 NPDES stormwater permit. To establish removal rates for nutrients in the
18 Toolbox, design criteria for individual practices therein shall be modified as
19 needed consistent with such criteria in the most recent version of the Stormwater
20 Best Management Practices Manual published by the Division, or other
21 technically at least equivalent guidance acceptable to the Division, and the
22 Division shall approve such modifications as part of the accounting process
23 defined in Item (8) of this Rule. Other aspects of nutrient mass load calculations
24 shall be based on the accounting process defined in Item (8) of this Rule.
25 (e) Initiate a “Nutrient Management Education Program” for NCDOT staff and contractors
26 engaged in the application of fertilizers on highway rights of way. The purpose of this
27 program shall be to contribute to the loading load reduction goals established in Rule 15A
28 NCAC 02B .0262 through proper application of nutrients, both inorganic fertilizer and
29 organic nutrients, to highway rights of way in the Jordan watershed in keeping with the
30 most current state-recognized technical guidance on proper nutrient management; and
31 (f) Address compliance with the riparian buffer protection requirements of Rules 15A
32 NCAC 02B .0267 and .0268 through a Division approval process.
33 (5) NON-NCDOT RULE IMPLEMENTATION. For all state and federal entities that control lands
34 within the Jordan watershed with the exception of the NCDOT, this Rule shall be implemented as
35 follows:
36 (a) Within six months after the effective date of this Rule, any entity that intends to use water
37 quality monitoring to guide the initial design of its load reduction program shall provide a
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1 monitoring design to the Division. The Division shall notify any such entity of the
2 adequacy of its design within three months of submittal. When an entity’s monitoring
3 design is deemed adequate, it may delay submittal of its load reduction program by up to
4 one year from the timeframe given in Sub-Item (5)(c) of this Rule, whereupon the same
5 time interval would be added to the approval and implementation timeframes given in
6 Sub-Items (5)(d) through (5)(f) of this Rule;
7 (b) Upon Commission approval of the accounting methods required by Item (8) of this Rule,
8 subject entities shall comply with the requirements of Sub-Item (3)(a) of this Rule for any
9 new development proposed within their jurisdictions;
10 (b)(c) Within 36 24 months after the effective date of this Rule,Commission’s approval of the
11 accounting methods, subject entities shall submit loading load reduction programs
12 addressing Sub-Item (3)(b) of this Rule to the Division,Division for preliminary approval
13 according to the standards set out in Sub-Item (3)(b) of this Rule; including the following
14 regarding Sub-Item (3)(b)(ii) of this Rule:
15 (i)The results of feasibility studies that determine the extent to which the loading goals referenced
16 in this Rule may be achieved from existing development lands within their jurisdictions;
17 (ii)A proposed implementation schedule for load reduction projects.
18 (c)(d) Within 46 34 months of the effective date of this Rule,after the Commission’s approval
19 of the accounting methods, the Division shall request the Commission’s approval of
20 entities’ load reduction programs.programs submitted under Sub-Item (5)(b) of this Rule.
21 The Commission shall either approve the programs or require changes. Should the
22 Commission require changes, the Division shall address those changes and seek
23 Commission approval at the earliest feasible date subsequent to the original request;
24 (d)(e) Within 48 36 months of the effective date of this Rule,after the Commission’s approval
25 of the accounting methods, or within two months following Commission approval of a
26 load reduction program, whichever is later, entities shall begin to implement load
27 reduction programs; programs on the timeframe established under the feasibility
28 study;and
29 (f) Upon implementation of the requirements of Item (3) of this Rule, subject entities shall
30 provide annual reports to the Division documenting their progress in implementing those
31 requirements. the requirements of Item (3) of this Rule, including changes to nutrient
32 loading due to implementation of Sub-Item (3)(b) of this Rule.
33 (6) NCDOT RULE IMPLEMENTATION. For the NCDOT, this rule shall be implemented as
34 follows:
35 (a) Within 18 30 months of the effective date of this rule, the NCDOT shall submit the
36 Stormwater Management Plan Program for the Jordan watershed to the Division for
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1 approval. This Plan Program shall meet or exceed the requirements in Item (4) of this
2 Rule;
3 (b) Within 28 40 months of the effective date of this Rule, the Division shall request the
4 Commission’s approval of the NCDOT Stormwater Management Plan;Program;
5 (c) Within 30 42 months of the effective date of this Rule, the NCDOT shall implement the
6 approved Stormwater Management Plan;Program; and
7 (d) Upon implementation, the NCDOT shall submit annual reports to the Division
8 summarizing its activities in implementing each of the requirements in Item (4) of this
9 Rule. This annual reporting may be incorporated into annual reporting required under
10 NCDOT’s NPDES stormwater permit.
11 (7) RELATIONSHIP TO OTHER REQUIREMENTS. The NCDOTA party may in its program
12 submittal under Sub-Item (5) or (6)(b) of this Rule request that the Division accept the
13 NCDOT’sits implementation of another stormwater program or programs, such as NPDES
14 stormwater requirements, as satisfying one or more of the requirements set forth in Item (3) or (4)
15 of this Rule. The Division shall provide determination on acceptability of any such alternatives
16 prior to requesting Commission approval of NCDOT programs as required in Sub-Item
17 (6)(b)Items (5) and (6) of this Rule. The NCDOT party shall include in its program submittal
18 technical information demonstrating the adequacy of the alternative requirements.
19 (8) ACCOUNTING METHODS. Within 18 months after the effective date of this Rule, the Division
20 shall submit a nutrient accounting framework to the Commission for approval. This framework
21 shall include tools for quantifying load reduction assignments on existing development for parties
22 subject to this Rule, load reduction credits from various activities on existing developed lands, and
23 a tool that will allow subject parties to account for loading from new and existing development
24 and loading changes due to BMP implementation, The Division shall work in cooperation with
25 subject parties and other watershed interests in developing this framework. The Division shall
26 periodically revisit these accounting methods to determine the need for revisions to both the
27 methods and to existing development load reduction assignments made using the methods set out
28 in this rule. It shall do so no less frequently than every ten years. Its review shall include values
29 subject to change over time independent of changes resulting from implementation of this rule,
30 such as untreated export rates that may change with changes in atmospheric deposition. It shall
31 also review values subject to refinement, such as BMP nutrient removal efficiencies.
32
33 History Note: Authority G S. 143-214.1; 143-214.5; 143-214.5(i); 143-214.7; 143-214.12; 143-214.21; 143-
34 215.3(a)(1); 143-215.6A; 143-215.6B; 143-215.6C; 143-282(d); 143 215.8B;143-215.8B(b);
35 143B-282(c); 143B-282(d); S.L. 2005-190; S.L. 2006-259;
36 Eff. July 1, 2008.
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1 15A NCAC 02B .0263.0272 is adopted with changes as published in 21:24 NCR 2262-2265 as follows
2 Note: This Rule was originally published as 15A NCAC 02B .0263. Due to recommendations by the Rules
3 Review Commission staff, the original Rule 15A NCAC 02B .0272 has been renumbered as Rule 15A NCAC
4 02B .0269.
5
6 15A NCAC 02B .0263.0272 JORDAN WATER SUPPLY NUTRIENT STRATEGY: NUTRIENT
7 MANAGEMENTFERTILIZER MANAGEMENT
8 The following is the management strategy for controlling land-applied nutrients in the Jordan watershed, as prefaced
9 in Rule .0262 of this Section.
10 (1) PURPOSE. The purpose of this Rule is to protect the water supply uses of Jordan Reservoir and
11 of designated water supplies throughout the Jordan watershed by managing the application of
12 nutrients, both inorganic fertilizer and organic nutrients, to lands in the Jordan watershed. This
13 rule requires nutrient application in keeping with the most current state-recognized technical
14 guidance on proper nutrient management in order to contribute to the loading reduction goals
15 established in Rule .0262 of this Section. The requirements of this Rule are to be fully
16 implemented within five three years from the effective date. date as set out in Item (6) of this Rule.
17 (2)DEFINITIONS. The following definitions shall apply to terms used in this Rule.
18 (a)‘Applicator’ means a person or the immediate supervisor who applies nutrients to the land
19 including fertilizer, bio solids, and compost.
20 (b)‘Consultant’ means a person who is hired to provide professional advice to another person.
21 (b) ‘Commercial applicator” means an applicator hired to apply nutrients to land the
22 applicator does not own or lease.
23 (3)(2) APPLICABILITY. This Rule shall apply to the application of nutrients on:following persons:
24 (a) Persons who own or manage Cropland areas in the Jordan watershed for commercial
25 purposes;
26 (b) Persons who own or manage Commercial ornamental and floriculture areas and
27 greenhouse production areas in the Jordan watershed;
28 (c) Persons who own or manage Golf courses, grassed public recreational lands, grassed road
29 or utility rights-of-way, or other commercial or institutional lands totaling where any
30 such land, or combination of such lands, under common management in the watershed
31 totals at least five acres;acres in size in the Jordan watershed; and
32 (d) Persons hired to apply nutrients to the lands described in Sub-Items (a) through (c) above
33 or to residential, commercial, industrial or institutional properties in the Jordan
34 watershed, if the total area of the properties served exceeds 10 acres. This Rule shall not
35 apply to residential, commercial, or industrial landowners who apply nutrients to their
36 own property., Any lands in the Jordan watershed where a hired applicator, as defined in
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1 Rule 15A NCAC 2B .0202(4), who does not own or lease the lands applies nutrients to a
2 total of at least five acres per year.
3 (e) Nutrient management consultants hired by persons listed in this Item to provide nutrient
4 management advice for lands in the Jordan watershed.
5 (4)(3) REQUIREMENTS. Persons to whom this Rule applies shall meet Application of nutrients to lands
6 subject to this Rule shall be in accordance with the following requirements:
7 (a) Any person subject to this rule who applies nutrients to, or who is hired to provide
8 nutrient management advice for, land in the Jordan watershed shall either:Application
9 shall be made either:
10 (i) By an applicator who has Attend and complete completed nutrient management
11 training pursuant to Item (5)(4) of this Rule; or
12 (ii) Complete and properly implement Pursuant to a nutrient management plan for
13 all lands to which they apply or manage the application of nutrients, or for
14 which they provide nutrient management advice, pursuant to that meets the
15 requirements of Item (6)(5) of this Rule.
16 (b) A With the exception of residential homeowners, a Persons person who hire hires an
17 applicator to apply nutrients to the land that they own or manage in the Jordan watershed
18 shall either:
19 (i) Ensure that the applicator they hire has attended and completed nutrient
20 management training pursuant to Item (5)(4) of this Rule; or
21 (ii) Ensure that the applicator they hire has completed andfollows a nutrient
22 management plan that has been developed for the land that they own or manage
23 pursuant to Item (6)(5) of this Rule.Rule; or
24 (iii) Complete a nutrient management plan for the land that they own or manage
25 pursuant to Item (6) of this Rule and ensure that the applicator they hire follows
26 this plan.
27 (5)(4) NUTRIENT MANAGEMENT TRAINING. Persons who choose to meet this Rule’s
28 requirements by completingTo demonstrate compliance with this Rule through the nutrient
29 management training option, the applicator shall must shall meet the following requirements.
30 (a)Persons subject to this Rule as of its effective date shall have a certificate indicating completion
31 of complete training provided by either the Cooperative Extension Service or the
32 DivisionDivision. Training certificates shall be kept on-site or be produced within 24 hours of a
33 request by the Division. and obtain a certificate from the training entity to that effect within five
34 years from the effective date of this Rule. Training shall be sufficient to provide participants with
35 an understanding of the value and importance of proper management of nitrogen and phosphorus,
36 and the water quality impacts of poor nutrient management, and the ability to understand and
37 properly carry out a nutrient management plan.
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1 (a)Persons who become subject to this Rule after its effective date shall complete the training
2 provided by either the Cooperative Extension Service or the Division and obtain a
3 certificate to that effect from the training entity within one year from the date that they
4 become subject verifying completion of training that addresses the elements identified in
5 Sub-Item (5)(a).
6 (b)Persons who fail to obtain the nutrient management certificate within the required timeframes
7 or who are found by the Director to have knowingly failed to follow nutrient management
8 requirements as referenced in Sub-Items (6)(a)(i) through (6)(a)(iii) of this Rule shall
9 develop and properly implement nutrient management plans pursuant to Item (6) of this
10 Rule.
11 (c)Training certificates must be kept on-site or be produced within 24 hours of a request by the
12 Division.
13 (6)(5) NUTRIENT MANAGEMENT PLANS. Persons who choose to meet this Rule’s requirements by
14 completing and To demonstrate compliance with this Rule based on implementing
15 implementation of a nutrient management plan , the plan Nutrient management plans developed
16 to comply with this rule shall meet the following requirements:
17 (a)Persons who are subject to this Rule as of its effective date and persons who become subject to
18 this Rule after its effective date shall develop and implement a nutrient management plan
19 that meets the following standards within five years of the effective date or within six
20 months from the date that they become subject, whichever is later.
21 (i)(a) Nutrient management plans for croplandcropland, excluding those for application of
22 Class A bulk, and Class B wastewater residuals, regulated under Subchapter 15A NCAC
23 02T .1100 and septage application regulated under 15A NCAC 13B .0815 through .0829,
24 shall meet the standards and specifications adopted by the NC Soil and Water
25 Conservation Commission, including those found in 15A NCAC 06E .0104 and 15A
26 NCAC 06H .0104, which are incorporated herein by reference, including any subsequent
27 amendments and additionseditions to such rules that are in place at the time that plans are
28 approved by a technical specialist as required under Sub-Item (6)(b)(5)(d)(5)(e) of this
29 Rule.
30 (b) Nutrient management plans for application of Class A bulk, and Class B, wastewater
31 residuals regulated under Subchapter 15A NCAC 02T .1100 and septage application
32 regulated under 15A NCAC 13B .0815 through .0829 shall meet the standards and
33 specifications adopted by the NC Soil and Water Conservation Commission in rule 15A
34 NCAC 06E .0104, including any subsequent amendments and editions to such rule that
35 are in place at the time that plans are approved by the permitting agency. This
36 compliance includes addressing the phosphorus requirements of US Department of
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1 Agriculture Natural Resources Conservation Service Practice Standard 590 regarding

2 Nutrient Management.
3 (ii)(c) Nutrient management plans for turfgrass lands identified in Sub-Item (2)(c) of this Rule
4 shall follow the applicable guidance contained in the most recent version of North
5 Carolina Cooperative Extension Service guidelines inpublications “Water Quality and
6 Professional Lawn Care” (NCCES publication number WQMM-155)WQWM-155),
7 “Water Quality and Home Lawn Care” (NCCES publication number WQMM-
8 151WQWM-151), or “Water Quality for Golf Course Superintendents and Professional
9 Turf Managers” (NCCES publication number AG-623).WQWM-156 Revised) as
10 appropriate for the activity. The above-referenced guidelines related to turfgrass are
11 hereby incorporated by reference including any subsequent amendments and editions.
12 Copies may be obtained from the Division of Water Quality, 512 North Salisbury Street,
13 Raleigh, North Carolina 27604 at no cost. Nutrient management plans for turfgrass may
14 also follow other guidance distributed by land-grant universities for turfgrass
15 management as long as it is equivalent to or more stringent than the above-listed
16 guidelines.
17 (iii)(d) Nutrient management plans for nursery crops and greenhouseornamental and floriculture
18 production shall follow the Nutrient Management section of the most recent version of
19 the Southern Nurserymen’s Nursery Association guidelines promulgated in “Best
20 Management Practices – A BMP Guide For Producing Container and Field Grown
21 Plants”. Copies may be obtained from the Southern Nurserymen’s Nursery Association,
22 1000 Johnson1827 Powers Ferry Road,Road SE, Suite E-130,4-100, Marietta,Atlanta,
23 GA 30068-210030339-8422 or from www.sna.org. at a cost of thirty-five dollars
24 ($35.00). The materials related to nutrient management plans for nursery crops and
25 greenhouseornamental and floriculture production are hereby incorporated by reference
26 including any subsequent amendments and editions. Copies are available for inspection
27 at the Department of Environment and Natural Resources Library, 512 North Salisbury
28 Street, Raleigh, North Carolina 27604. Nutrient management plans for nursery crops and
29 greenhouseornamental and floriculture production may also follow other guidance
30 distributed by land-grant universities for such production as long as it is equivalent or
31 more stringent than the above-listed guidelines.
32 (b)(e) The person who writes The nutrient management plan shall have the plan be approved in
33 writing by an appropriate technical specialistspecialist, as defined in Rule 15A NCAC 6H
34 .0102(9), as follows:
35 (i) Nutrient management plans for cropland using either inorganic or organic
36 nutrientsnutrients, except those using biosolids or septage, shall be approved by
37 a technical specialist designated pursuant to the process and criteria specified in
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1 rules adopted by the Soil and Water Conservation Commission for nutrient
2 management planning, including RulesRule 15A NCAC 06H .0104, excepting
3 Sub-Item (a)(2) of that Rule.
4 (ii) Nutrient management plans for lands identified in Sub-Item (2)(c) of this
5 Rule,turfgrass, nursery crops and greenhouseornamental and floriculture
6 production shall be approved by a technical specialist designated by the Soil and
7 Water Conservation Commission pursuant to the process and criteria specified
8 in 15A NCAC 06H .0104 excepting Sub-Item (a)(2) of that Rule. If the Soil and
9 Water Conservation Commission does not designate such technical specialists,
10 then the Environmental Management Commission shall do so using the same
11 process and criteria.
12 (e)(f) Persons with approved waste utilization plans that are required under state or federal
13 animal waste regulations are deemed in compliance with this Rule as long as they are
14 compliant with their approved waste utilization plans.
15 (d)(g) Nutrient management plans and supporting documents must be kept on-site or be
16 produced within 24 hours of a request by the Division.
17 (6) COMPLIANCE. Persons who fail to comply with this Rule are subject to enforcement measures
18 authorized in G.S. 143-215.6A (civil penalties), G.S. 143-215.6B (criminal penalties), and G.S.
19 143-215.6C (injunctive relief).The following constitute the compliance requirements of this Rule:
20 (a) For proposed new application of Class A bulk, and Class B, wastewater residuals
21 pursuant to permits obtained under Subchapter 15A NCAC 02T .1100 or its predecessor,
22 and septage application pursuant to permits obtained under 15A NCAC 13B .0815
23 through .0829, all applications for new permits shall be made according to, and
24 subsequent nutrient applications shall comply with, the applicable requirements of this
25 Rule as of its effective date.
26 (b) For existing, ongoing application of residuals and septage as defined in this Item,
27 beginning one year after the effective date of this Rule, all applications for renewal of
28 existing permits shall be made according to, and subsequent nutrient applications shall
29 comply with, the applicable requirements of this Rule.
30 (c) For all other application with the exception of the application of residuals and septage as
31 defined in this Item, the requirements of this Rule shall become effective three years after
32 its effective date and shall apply to all application of nutrients on lands subject to this
33 Rule after that date.
34 (d) Persons who fail to comply with this Rule are subject to enforcement measures
35 authorized in G.S. 143-215.6A (civil penalties), G.S. 143-215.6B (criminal penalties),
36 and G.S. 143-215.6C (injunctive relief).
37
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2 143-215.6C; 143B-282(d); 143 215.8B;143-215.8B(b); 143B-282(c); 143B-282(d); S.L. 2005-
3 190; S.L. 2006-259;
4 Eff. July 1, 2008.
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1 15A NCAC 02B .0269.0273 is adopted with changes as published in 21:24 NCR 2296-2297 as follows:
2 Note: This Rule was originally published as 15A NCAC 02B .0269.
3
4 15A NCAC 02B .0269.0273 JORDAN WATER SUPPLY NUTRIENT STRATEGY: OPTIONS FOR
5 OFFSETTING NUTRIENT LOADS
6 PURPOSE. This Rule provides parties (buyers) subject to other rules within the Jordan nutrient strategy with
7 options for meeting rule requirements by obtaining or buying credit for activities conducted by others (sellers) that
8 produce excess load reductions relative to rule requirements. It provides the potential for parties who achieve excess
9 load reductions to recover certain costs by selling such credits, and it provides opportunity for private parties to
10 produce reductions and sell credits for profit. Overall it provides the potential for more cost-effective achievement
11 of strategy reduction goals. Accounting is required to ensure and track the availability and use of trading credits.
12 This accounting will be compared against compliance accounting required under other rules of the Jordan nutrient
13 strategy. This offset optionRule furthers the adaptive management intent of the strategy to protect the water supply
14 uses of Jordan Reservoir and of designated water supplies throughout the Jordan watershed. Certain buyers shall
15 meet minimum criteria identified in other rules before utilizing the offset option outlined in this Rule, as detailed in
16 Item (1) of this Rule.The minimum requirements for these offset options are:
17 (1) PREREQUISITES. The following buyers shall meet applicable criteria identified here and in rules
18 imposing reduction requirements on them before utilizing the option outlined in this Rule:The
19 following parties shall first meet minimum criteria identified in the following sections of rules
20 pertaining to them:
21 (a) Agriculture Rule .0264: Agricultural producers Producers shall first meet standard BMP
22 requirements as set forth in Section (7) unless superseded by a Commission-approved
23 alternative strategy after two or five years as set forth in Section (5);receive approval
24 from the Watershed Oversight Committee to obtain offsite credit pursuant to the
25 conditions of Sub-Item (5)(b);
26 (b) New Development Rule .0265: developers Developers shall meet onsite reduction
27 requirements enumerated in Section Sub-Item (3)(a)(vii);(3)(a)(vii) before obtaining
28 offsite credit;
29 (c) Wastewater Rule .0270: New and expanding dischargers shall first make all reasonable
30 efforts to obtain allocation from existing dischargers as stated in Sections Sub-Items
31 (6)(a)(ii), (7)(a)(ii) and (8)(a)(ii), respectively; and
32 (d) State and Federal Entities Stormwater Rule .0271,.0271: non-DOT
33 (i) Non-DOT entities shall meet onsite new development reduction requirements
34 enumerated in Section Sub-Item (3)(a)(vi),(3)(a)(vi); and
35 (ii) NC DOT shall meet onsite non-road new development reduction requirements
36 enumerated in Sub-Item (4)(c)(iii) before obtaining offsite credit.
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1 (2) The party seeking approval to sell excess loading reductions (credits)reduction credits pursuant to
2 this Rule shall demonstrate to the Division that such reductions meet the following criteria:
3 (a) Loading reductions eligible for credit are only those in excess of load reduction goals or
4 percentage reductions required under Rule .0262rules in this Section or in excess of the
5 percentage load reduction goals established in Rule .0262 of this strategy as applied to
6 sources not addressed by rules in this strategy;section;
7 (b) Load reductions eligible for credit shall not include reductions achieved under other
8 regulations to mitigate or offset actions that increase nutrient loading;
9 (b)(c) These excess loading reductions shall be available as credit only within the same
10 subwatershed of the Jordan watershed, as defined in Rule .0262 of this Section, as the
11 reduction need that they propose to offset;
12 (c)(d) The party seeking to sell excess loading reductionscredits shall define the nature of the
13 activities that would produce those excess reductions and define the magnitude and
14 duration of those reductions to the Division, including addressing the following items:
15 (i) Account for differences in instream nutrient losses between the location of the
16 reduction need and excess loading reduction in reaching the affected arm of
17 Jordan Reservoir.Reservoir;
18 (ii) Quantify and account for the relative uncertainties in reduction need estimates
19 and excess loading reduction estimates.estimates;
20 (iii) Ensure that excess loading reductions shall take place at the time and for the
21 duration in which the reduction need occurs.occurs; and
22 (iv) Demonstrate means adequate for assuring the achievement and claimed duration
23 of excess loading reduction, including the cooperative involvement of any other
24 involved parties.
25 (3) The party seeking approval to sell excess loading reductions pursuant to this Rule shall provide
26 for accounting and tracking methods that ensure genuine, accurate, and verifiable achievement of
27 the purposes of this Rule. The Division shall work cooperatively with interested parties at their
28 request to develop such accounting and tracking methods to support the requirements of Item (2)
29 of this Rule.
30 (4) Proposals for use of offsetting actions as described in this Rule shall become effective after
31 determination by the Director that the proposal contains adequate scientific or engineering
32 standards or procedures necessary to achieve and account for load reductions.reductions as
33 required under Sub-Items (2) and (3) of this Rule, and that specific accounting tools required for
34 these purposes in individual rules have been adequately established. In making this determination,
35 the Director shall also evaluate the potential for excess loading to produce localized adverse water
36 quality impacts that contribute to impairment of classified uses of the affected waters.
37
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1 History Note: Authority G S. 143-214.1; 143-214.5; 143-214.7; 143-215.3(a)(1); 143-215.6A; 143-215.6B; 143-
2 215.6C; 143B-282(d); 143-214.12; 143-214.21; 143 215.8B;143-215.8B(b); 143B-282(c); 143B-
3 282(d); S.L. 1999; c. 329, s. 7.1; S.L. 2005-190; S.L. 2006-259;
4 Efff. July 1, 2008.
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1 15A NCAC 02B .0311 IS ADOPTED WITH CHANGES AS PUBLISHED IN 21:24 NCR 2308-2310 AS
2 FOLLOWS:
3
4 15A NCAC 02B .0311 CAPE FEAR RIVER BASIN
5 (a) The Cape Fear River Basin Schedule of Classifications and Water Quality Standards may be inspected at the
6 following places:
7 (1) the Internet at http://h2o.enr.state.nc.us/csu/; and
8 (2) the North Carolina Department of Environment and Natural Resources:
9 (A) Winston-Salem Regional Office
10 Waughtown Street
11 Winston-Salem, North Carolina
12 (B) Fayetteville Regional Office
13 Green Street
14 Systel Building Suite 714
15 Fayetteville, North Carolina
16 (C) Raleigh Regional Office
17 Barrett Drive
18 Raleigh, North Carolina
19 (D) Washington Regional Office
20 Washington Square Mall
21 Washington, North Carolina
22 (E) Wilmington Regional Office
23 Cardinal Drive Extension
24 Wilmington, North Carolina
25 (F) Division of Water Quality
26 Central Office
27 North Salisbury Street
28 Raleigh, North Carolina.
29 (b) The Cape Fear River Basin Schedule of Classification and Water Quality Standards was amended effective:
30 (1) March 1, 1977;
31 (2) December 13, 1979;
32 (3) December 14, 1980;
33 (4) August 9, 1981;
34 (5) April 1, 1982;
35 (6) December 1, 1983;
36 (7) January 1, 1985;
37 (8) August 1, 1985;
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1 (9) December 1, 1985;

2 (10) February 1, 1986;
3 (11) July 1, 1987;
4 (12) October 1, 1987;
5 (13) March 1, 1988;
6 (14) June 1, 1988;
7 (15) July 1, 1988;
8 (16) January 1, 1990;
9 (17) August 1, 1990;
10 (18) August 3, 1992;
11 (19) September 1, 1994;
12 (20) August 1, 1998;
13 (21) April 1, 1999;
14 (22) August 1, 2002;
15 (23) November 1, 2004;
16 (24) November 1, 2007;
17 (25) April 1, 2008.2009.
18 (c) The Schedule of Classifications and Water Quality Standards for the Cape Fear River Basin has been amended
19 effective June 1, 1988 as follows:
20 (1) Cane Creek [Index No. 16-21-(1)] from source to a point 0.5 mile north of N.C. Hwy. 54 (Cane
21 Reservoir Dam) including the Cane Creek Reservoir and all tributaries has been reclassified from
22 Class WS-III to WS-I.
23 (2) Morgan Creek [Index No. 16-41-1-(1)] to the University Lake dam including University Lake and
24 all tributaries has been reclassified from Class WS-III to WS-I.
25 (d) The Schedule of Classifications and Water Quality Standards for the Cape Fear River Basin has been amended
26 effective July 1, 1988 by the reclassification of Crane Creek (Crains Creek) [Index No. 18-23-16-(1)] from source to
27 mouth of Beaver Creek including all tributaries from C to WS-III.
28 (e) The Schedule of Classifications and Water Quality Standards for the Cape Fear River Basin has been amended
29 effective January 1, 1990 as follows:
30 (1) Intracoastal Waterway (Index No. 18-87) from southern edge of White Oak River Basin to
31 western end of Permuda Island (a line from Morris Landing to Atlantic Ocean), from the eastern
32 mouth of Old Topsail Creek to the southwestern shore of Howe Creek and from the southwest
33 mouth of Shinn Creek to channel marker No. 153 including all tributaries except the King Creek
34 Restricted Area, Hardison Creek, Old Topsail Creek, Mill Creek, Futch Creek and Pages Creek
35 were reclassified from Class SA to Class SA ORW.
36 (2) Topsail Sound and Middle Sound ORW Area which includes all waters between the Barrier
37 Islands and the Intracoastal Waterway located between a line running from the western most shore
112/115
1 of Mason Inlet to the southwestern shore of Howe Creek and a line running from the western
2 shore of New Topsail Inlet to the eastern mouth of Old Topsail Creek was reclassified from Class
3 SA to Class SA ORW.
4 (3) Masonboro Sound ORW Area which includes all waters between the Barrier Islands and the
5 mainland from a line running from the southwest mouth of Shinn Creek at the Intracoastal
6 Waterway to the southern shore of Masonboro Inlet and a line running from the Intracoastal
7 Waterway Channel marker No. 153 to the southside of the Carolina Beach Inlet was reclassified
8 from Class SA to Class SA ORW.
9 (f) The Schedule of Classifications and Water Quality Standards for the Cape Fear River Basin has been amended
10 effective January 1, 1990 as follows: Big Alamance Creek [Index No. 16-19-(1)] from source to Lake Mackintosh
11 Dam including all tributaries has been reclassified from Class WS-III NSW to Class WS-II NSW.
12 (g) The Schedule of Classifications and Water Quality Standards for the Cape Fear River Basin was amended
13 effective August 3, 1992 with the reclassification of all water supply waters (waters with a primary classification of
14 WS-I, WS-II or WS-III). These waters were reclassified to WS-I, WS-II, WS-III, WS-IV or WS-V as defined in the
15 revised water supply protection rules, (15A NCAC 02B .0100, .0200 and .0300) which became effective on August
16 3, 1992. In some cases, streams with primary classifications other than WS were reclassified to a WS classification
17 due to their proximity and linkage to water supply waters. In other cases, waters were reclassified from a WS
18 classification to an alternate appropriate primary classification after being identified as downstream of a water
19 supply intake or identified as not being used for water supply purposes.
20 (h) The Schedule of Classifications and Water Quality Standards for the Cape Fear River Basin was amended
21 effective June 1, 1994 as follows:
22 (1) The Black River from its source to the Cape Fear River [Index Nos. 18-68-(0.5), 18-68-(3.5) and
23 18-65-(11.5)] was reclassified from Classes C Sw and C Sw HQW to Class C Sw ORW.
24 (2) The South River from Big Swamp to the Black River [Index Nos. 18-68-12-(0.5) and 18-68-
25 12(11.5)] was reclassified from Classes C Sw and C Sw HQW to Class C Sw ORW.
26 (3) Six Runs Creek from Quewhiffle Swamp to the Black River [Index No. 18-68-2] was reclassified
27 from Class C Sw to Class C Sw ORW.
28 (i) The Schedule of Classifications and Water Quality Standards for the Cape Fear River Basin was amended
29 effective September 1, 1994 with the reclassification of the Deep River [Index No. 17-(36.5)] from the Town of
30 Gulf-Goldston water supply intake to US highway 421 including associated tributaries from Class C to Classes C,
31 WS-IV and WS-IV CA.
32 (j) The Schedule of Classifications and Water Quality Standards for the Cape Fear River Basin was amended
33 effective August 1, 1998 with the revision to the primary classification for portions of the Deep River [Index No. 17-
34 (28.5)] from Class WS-IV to Class WS-V, Deep River [Index No. 17-(41.5)] from Class WS-IV to Class C, and the
35 Cape Fear River [Index 18-(10.5)] from Class WS-IV to Class WS-V.
113/115
1 (k) The Schedule of Classifications and Water Quality Standards for the Cape Fear River Basin was amended
2 effective April 1, 1999 with the reclassification of Buckhorn Creek (Harris Lake)[Index No. 18-7-(3)] from the
3 backwaters of Harris Lake to the Dam at Harris Lake from Class C to Class WS-V.
4 (l) The Schedule of Classifications and Water Quality Standards for the Cape Fear River Basin was amended
5 effective April 1, 1999 with the reclassification of the Deep River [Index No. 17-(4)] from the dam at Oakdale-
6 Cotton Mills, Inc. to the dam at Randleman Reservoir (located 1.6 mile upstream of U.S. Hwy 220 Business), and
7 including tributaries from Class C and Class B to Class WS-IV and Class WS-IV & B. Streams within the
8 Randleman Reservoir Critical Area have been reclassified to WS-IV CA. The Critical Area for a WS-IV reservoir is
9 defined as 0.5 mile and draining to the normal pool elevation of the reservoir. All waters within the Randleman
10 Reservoir Water Supply Watershed are within a designated Critical Water Supply Watershed and are subject to a
11 special management strategy specified in 15A NCAC 02B .0248.
12 (m) The Schedule of Classifications and Water Quality Standards for the Cape Fear River Basin was amended
13 effective August 1, 2002 as follows:
14 (1) Mill Creek [Index Nos. 18-23-11-(1), 18-23-11-(2), 18-23-11-3, 18-23-11-(5)] from its source to
15 the Little River, including all tributaries was reclassified from Class WS-III NSW and Class WS
16 III&B NSW to Class WS-III NSW HQW@ and Class WS-III&B NSW HQW@.
17 (2) McDeed's Creek [Index Nos. 18-23-11-4, 18-23-11-4-1] from its source to Mill Creek, including
18 all tributaries was reclassified from Class WS III NSW and Class WS III&B NSW to Class WS-III
19 NSW HQW@ and Class WS-III&B NSW HQW@.
20 (3) The "@" symbol as used in Paragraph (m) of this Rule means that if the governing municipality
21 has deemed that a development is covered under a "5/70 provision" as described in Rule 15A
22 NCAC 02B .0215(3)(b)(i)(E) (Fresh Surface Water Quality Standards for Class WS-III Waters),
23 then that development is not subject to the stormwater requirements as described in rule 15A
24 NCAC 02H .1006 (Stormwater Requirements: High Quality Waters).
25 (n) The Schedule of Classifications and Water Quality Standards for the Cape Fear River Basin was amended
26 effective November 1, 2004 as follows:
27 (1) A portion of Rocky River [Index Number 17-43-(1)] from a point approximately 0.3 mile
28 upstream of Town of Siler City upper reservoir dam to a point approximately 0.3 mile downstream
29 of Lacy Creek from WS-III to WS-III CA.
30 (2) A portion of Rocky River [Index Number 17-43-(8)] from dam at lower water supply reservoir for
31 Town of Siler City to a point approximately 65 feet below dam (site of proposed dam) from C to
32 WS-III CA.
33 (3) A portion of Mud Lick Creek (Index No. 17-43-6) from a point approximately 0.4 mile upstream
34 of Chatham County SR 1355 to Town of Siler City lower water supply reservoir from WS-III to
35 WS-III CA.
36 (4) A portion of Lacy Creek (17-43-7) from a point approximately 0.6 mile downstream of Chatham
37 County SR 1362 to Town of Siler City lower water supply reservoir from WS-III to WS-III CA.
114/115
1 (o) The Schedule of Classifications and Water Quality Standards for the Cape Fear River Basin was amended
2 effective November 1, 2007 with the following reclassifications. The North Carolina Division of Water Quality
3 maintains a Geographic Information Systems data layer for the UWLs.
4 (1) Military Ocean Terminal Sunny Point Pools, all on the eastern shore of the Cape Fear River [Index
5 No. 18-(71)] were reclassified to Class WL UWL as defined in 15A NCAC 02B .0101.
6 (2) Salters Lake Bay near Salters Lake [Index No. 18-44-4] was reclassified to Class WL UWL as
7 defined in 15A NCAC 02B .0101.
8 (3) Jones Lake Bay near Jones Lake [Index No. 18-46-7-1] was reclassified to Class WL UWL as
10 (4) Weymouth Woods Sandhill Seep near Mill Creek [18-23-11-(1)] was reclassified to Class WL
11 UWL as defined in 15A NCAC 02B .0101.
12 (5) Fly Trap Savanna near Cape Fear River [Index No. 18-(71)] was reclassified to Class WL UWL as
14 (6) Lily Pond near Cape Fear River [Index No. 18-(71)] was reclassified to Class WL UWL as
16 (7) Grassy Pond near Cape Fear River [Index No. 18-(71)] was reclassified to Class WL UWL as
18 (8) The Neck Savanna near Sandy Run Swamp [Index No. 18-74-33-2] was reclassified to Class WL
19 UWL as defined in 15A NCAC 02B .0101.
20 (9) Bower’s Bog near Mill Creek [Index No. 18-23-11-(1)] was reclassified to Class WL UWL as
22 (10) Bushy Lake near Turnbull Creek [Index No. 18-46] was reclassified to Class WL UWL as defined
23 in 15A NCAC 02B .0101.
24 (p) The schedule of Classifications and Water Quality Standards for the Cape Fear River Basin was amended
25 effective April 1, 2008 with the reclassification of all Class C NSW waters and all Class B NSW waters upstream of
26 the dam at B. Everett Jordan Reservoir from Class C NSW and Class B NSW to Class WS-V NSW and Class WS-V
27 & B NSW, respectively. All waters within the B. Everett Jordan Reservoir Watershed are within a designated
28 Critical Water Supply Watershed and are subject to a special management strategy specified in Rules 15A NCAC
29 02B .0262 through .0272.
30
31 History Note: Authority G.S. 143-214.1; 143-215.1; 143-215.3(a)(1);
32 Eff. February 1, 1976;
33 Amended Eff. July 1, 2008; November 1, 2007; November 1, 2004; August 1, 2002; April 1, 1999;
34 August 1, 1998; September 1, 1994; June 1, 1994; August 3, 1992; August 1, 1990.
35
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Jordan Nutrient Rules Approved by The RRC On November 20

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Jordan Nutrient Rules

Approved by the RRC on November 20, 2008

15A NCAC 02B .0262 - PURPOSE AND SCOPE ..................................................................1

15A NCAC 02B .0263 - DEFINITIONS ..............................................................................9

15A NCAC 02B .0264 - AGRICULTURE .........................................................................13

15A NCAC 02B .0267 - PROTECTION OF EXISTING RIPARIAN BUFFERS .......................37

15A NCAC 02B .0268 - MITIGATION FOR RIPARIAN BUFFERS ......................................71

15A NCAC 02B .0270 - WASTEWATER DISCHARGE REQUIREMENTS............................79

15A NCAC 02B .0272 - FERTILIZER MANAGEMENT .................................................. 101

15A NCAC 02B .0311 - CAPE FEAR RIVER BASIN .......................................................111

1 implementation. or consider alternative recommendations from the Watershed Oversight

1 (v)Combined forested and herbaceous buffer strip.

1 (vi) Phosphorus accounting may also include a scientifically valid, survey-based

1 area-weighted average loading rates of developable lands in the same

1 Division, or other at least technically equivalent standards acceptable to the Division.

1 reuse; restoration of ecological communities such as streams and riparian

1 (c)(ii) A public education program component to inform citizens, business, and

1 program implementation date;requirements of Item (3) of this Rule, including changes to

1 physical characteristics commonly associated with the continuous or intermittent

riparian buffer with a maintenance corridor greater

Overhead electric utility lines:

than 150 linear feet of riparian buffer with a

• Pruning forest vegetation provided that the health and X

function of the forest vegetation is not compromised

of causing damage to dwellings, other structures or

• Water dependent structures as defined in 15A NCAC X

1 decision;decision or the Director’s decision for the cases involving state or

1 .0203. Temporary stream crossings shall be permanently stabilized after any

1 adjacent to the stream except at stream crossings designed, constructed and

1 Sub-Item (8)(d) of this Rule;restoration. Buffers not in compliance with 15A

1 “discharge allocation.” Possession of allocation does not authorize the discharge of

1 (i) Whenever, as provided in 02B .0262, Whenever the CommissionCommission,

1 Division acceptance of the report, or as provided in the acceptance, the discharger

1 by making payment to the NC Ecosystem Enhancement Program contingent

1 by making payment to the NC Ecosystem Enhancement Program contingent

1 functions of receiving waters and associated riparian buffers are not

1 phosphorus load reductions in excess of those required by other rules in this

1 subsequent to the baseline period but prior to implementation of its new

1 Agriculture Natural Resources Conservation Service Practice Standard 590 regarding

1 History Note: Authority G. S. 143-214.1; 143-214.5; 143-214.7; 143-215.3(a)(1); 143-215.6A; 143-215.6B;

1 (9) December 1, 1985;

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