SUBCHAPTER 2G ‑ WATER RESOURCES PROGRAMS
SECTION .0100 ‑ STATE PARTICIPATION IN WATER RESOURCES
PROJECTS
15A NCAC 02G .0101 PREAMBLE
History Note: Authority G.S. 143‑215.70 through
143‑215.73; 143‑355;
Eff. February 1, 1976;
Amended Eff. April 1, 1983;
Repealed Eff. October 1, 1984.
15A NCAC 02G .0102 PROJECT
ELIGIBILITY
The following types of water resource development projects
are eligible for state cost‑sharing by the Department of Environment,
Health, and Natural Resources (department):
(1) general navigation improvement;
(2) recreational navigation improvement;
(3) water management (flood control and drainage);
(4) stream restoration (clearing and snagging and
limited channel excavation);
(5) beach protection; and
(6) land acquisition and facility development for water‑based
recreation sites.
Projects planned and constructed by a federal agency with a
local cost‑share and projects without federal assistance are both
eligible for state financial assistance. Small watershed projects of the U.S.
Soil Conservation Service reviewed by the North Carolina Soil and Water
Conservation Commission are not eligible for cost‑sharing under this
Section. Questions about eligibility should be directed to the Division of
Water Resources, Department of Environment, Health, and Natural Resources, P.O.
Box 27687, Raleigh, N. C. 27611, (919) 733‑4064.
History Note: Authority G.S.143‑215.3(a)(1); 143‑215.70
through 143‑215.73; 143‑355;
Eff. February 1, 1976;
Amended Eff. December 1, 1991; October 1, 1984; December
1, 1983; April 1, 1983.
15A NCAC 02G .0103 PROJECT COST‑SHARING AMOUNTS
The department may provide state funds in amounts not to
exceed the percentages stated in G.S. 143‑215.71 of either the non‑federal
costs (in the case of a federal agency project) or the total costs (in the case
of a project not receiving federal funds).
In the case of a local government water resources project
where the department thinks a preliminary feasibility study or engineering
study is necessary to more accurately determine project costs and/or benefits
and/or scale of development, the department may provide up to 50 percent state
funding of such studies. The sponsoring local government would provide the
remainder of the funds necessary.
In the case where projects provide broad regional benefits,
or where assignment of non‑federal responsibilities to local government
is not appropriate in the opinion of the department, the department may assume
sponsorship on behalf of the state and may pay up to 100 percent of the total
(or the non‑federal share of the cost) of planning, construction, or
operation of said water resources project.
History Note: Authority G.S. 143‑215.3(a)(1); 143‑215.41;
143‑215.71; 143‑355;
Eff. February 1, 1976;
Amended Eff. October 1, 1984; December 1, 1983; April 1,
1983; November 1, 1978.
15A NCAC 02G .0104 GRANT APPLICATIONS BY LOCAL GOVERNMENT
To request state cost‑sharing for an eligible water
resources development project, a local political subdivision or unit of
government shall send to the Division of Water Resources an official resolution
describing the nature of the proposed project and the benefits to be received
from it and requesting a specific cost‑sharing amount (based on the
percentages given in G.S. 143‑215.71).
In addition, the resolution must state that the local unit of
government will perform the following where appropriate to the nature of the
project:
(1) Assume full obligation for payment of the balance
of project costs.
(2) Obtain all necessary state and federal permits.
(3) Comply with all applicable laws governing the award
of contracts and the expenditure of public funds by local governments.
(4) Supervise construction of the project to assure
compliance with permit conditions and to assure safe and proper construction
according to approved plans and specifications.
(5) Obtain suitable spoil disposal areas and all other
easements or rights‑of‑way that may be necessary for the
construction and operation of the project without cost or obligation to the
state.
(6) Assure that the project is open for use by the
public on an equal basis with no restrictions.
(7) Hold the state harmless from any damages that may
result from the construction, operation and maintenance of the project.
(8) Accept responsibility for the operation and
maintenance of the completed project.
History Note: Authority G.S. 143‑215.3(a)(1); 143‑215.72;
143‑355;
Eff. February 1, 1976;
Amended Eff. December 1, 1991; October 1, 1984; April 1,
1983.
15A NCAC 02G .0105 GRANT APPLICATION REVIEW AND APPROVAL
The secretary of the department shall receive and review
grant applications for water resources development projects.
If the proposed project described in the application is not
subject to environmental review under federal law, the department shall follow
environmental review procedures established under the State Environmental
Policy Act.
After review of grant applications, the secretary shall
forward those approved or approved in part to the Advisory Budget Commission,
which shall review the recommendations for the transfer of funds from the
department's reserve fund into accounts for specific projects. After review by
the Advisory Budget Commission, project funds shall be disbursed and monitored
by the Department of Environment, Health, and Natural Resources (as described
in Rule .0106 of this Section).
History Note: Authority G.S. 113A‑4; 143‑215.3(a)(1);
143‑215.72; 143‑215.73; 143‑355;
Eff. February 1, 1976;
Amended Eff. December 1, 1991; July 1, 1988; October 1,
1984; April 1, 1983.
15A NCAC 02G .0106 GRANT PAYMENTS
When state cost‑sharing for the water resource
development project has been approved by the department and reviewed by the
Advisory Budget Commission, the department shall pay its portion of the non‑federal
costs of a federal project when requested by the sponsoring federal agency and
shall pay its portion of the costs of a non‑federal project when the
project has been completed, unless the local political subdivision or unit of
government requests a partial payment in writing. A portion of the funds,
normally 10 percent, will not be paid until the project has been inspected and
is complete.
History Note: Authority G.S. 143‑215.3(a)(1); 143‑215.73;
143‑355;
Eff. February 1, 1976;
Amended Eff. July 1, 1988; October 1, 1984; April 1,
1983.
15A NCAC 02G .0107 SPECIAL BEACH EROSION CONTROL
REQUIREMENTS
The following requirements are applicable to any beach
erosion control or hurricane protection project in which the state participates
by action of the department:
(1) Before the start of project construction, the
sponsoring local government(s) will establish land‑use controls to
conserve protective dunes and to insure that the damage potential is not
significantly increased by further development. Such land use controls must
meet or exceed all requirements of the state guidelines for Areas of
Environmental Concern (15A NCAC 7H) and be consistent with the approved local
land use plan prepared under the provisions of the state guidelines for Land
Use Planning (15A NCAC 7B).
(2) The sponsoring local government must provide
adequate public access to the project area. All such accessways must be
designed to adequately protect the beach and dune system.
(3) No beach erosion control project shall
significantly interfere with or create a hazard to public enjoyment of the
beach.
(4) Any building line established as a part of a beach
erosion control project shall not be seaward of the oceanfront setback line as
established in 15A NCAC 7H .0306(a) GENERAL USE STANDARDS FOR OCEAN HAZARD
AREAS.
History Note: Authority G.S. 143‑215.3(a)(1); 143‑215.71;
143‑355;
Eff. February 1, 1976;
Amended Eff. April 1, 1983.
15A NCAC 02G .0108 APPLICATION FOR STATE FUNDING
15A NCAC 02G .0109 PAYMENT OF LOCAL SHARE
15A NCAC 02G .0110 STATE PARTICIPATION IN BEACH EROSION
CONTROL PROJECTS
15A NCAC 02G .0111 NON‑QUALIFIED PROJECTS
15A NCAC 02G .0112 SPECIAL PROJECT REQUIREMENTS
History Note: Authority G.S. 143‑354; 143‑355;
Eff. February 1, 1976;
Amended Eff. November 1, 1978;
Repealed Eff. April 1, 1983.
SECTION .0200 ‑ STATE STANDARDS FOR NON‑FEDERAL
PROJECTS
15A NCAC 02G .0201 PURPOSE
15A NCAC 02G .0202 ECONOMIC JUSTIFICATION REQUIRED
15A NCAC 02G .0203 FORMAL APPROVAL REQUIRED
15A NCAC 02G .0204 SOUND ENGINEERING REQUIRED
15A NCAC 02G .0205 COMPATIBILITY WITH NORTH CAROLINA WATER
PLAN
15A NCAC 02G .0206 APPROVAL OF ALL AFFECTED STATE AGENCIES
15A NCAC 02G .0207 ASSUMPTION OF RESPONSIBILITY BY LOCAL
GOVERNMENTS
History Note: Authority G.S. 143‑354;
Eff. February 1, 1976;
Amended Eff. November 1, 1978;
Repealed Eff. April 1, 1983.
SECTION .0300 ‑ BEACH PROJECT REVOLVING FUND ADVANCES
15A NCAC 02G .0301 APPROVAL OF ADVANCES
No advance may be made without the express written approval
of the Environmental Management Commission, or its executive committee when
acting under the powers delegated to it by the Commission. Prior to said
approval, the Commission shall seek the written advice and comments of the
Secretary of the Local Government Commission who shall state the facts and
circumstances of the financial conditions of the applicant. Only advances for
the local share of federal hurricane protection or beach erosion control
projects will be approved by the Commission.
History Note: Authority G.S. 143‑215.62;
Eff. February 1, 1976.
15A NCAC 02G .0302 ADVANCE PRIORITIES
Applications for advances from the revolving fund for
construction purposes shall be given priority over applications for advances
for any other purposes.
History Note: Authority G.S. 143‑215.62;
Eff. February 1, 1976.
15A NCAC 02G .0303 ADVANCE LIMITATION
Funds from the revolving fund advanced to local governments
may not total more than 25 percent of any other funds provided by the state for
the project.
History Note: Authority G.S. 143‑215.62;
Eff. February 1, 1976.
15A NCAC 02G .0304 DELEGATIONS OF AUTHORITY
The following authorities and responsibilities are delegated
by the Commission to the Secretary, Department of Natural Resources and
Community Development:
(1) to advise the applicant county or municipal governments
of his opinion, on behalf of the Commission, on those matters where an opinion
is required;
(2) to recommend the period of repayment and the amount
of repayment installments for any advances made from the revolving fund;
(3) after commission approval of an advance, to execute
an agreement with the applicant local governments setting forth satisfactory
assurances that the projected works or project be undertaken and that the funds
advanced shall be repaid.
History Note: Authority G.S. 143‑215.62;
Eff. February 1, 1976;
Amended Eff. October 1, 1984; November 1, 1978.
15A NCAC 02G .0305 EXISTING CONTRACTS
History Note: Authority G.S. 143‑215.62;
Eff. February 1, 1976;
Repealed Eff. October 1, 1984.
SECTION .0400 ‑ FLOODWAY ESTABLISHMENT
15A NCAC 02G .0401 STATUTORY AUTHORIZATION
History Note: Authority G.S. 143‑215.3(a)(1); 143‑215.56;
Eff. February 1, 1976;
Repealed Eff. October 1, 1984.
15A NCAC 02G .0402 FORM
The Environmental Management Commission shall use a standard
form in designating floodways. Copies of this form can be obtained by writing
or calling the Division of Water Resources, Department of Natural Resources and
Community Development, P.O. Box 27687, Raleigh, N.C. 27611, (919) 733‑4064.
History Note: Authority G.S. 143‑215.3(a)(1); 143‑215.56;
Eff. February 1, 1976;
Amended Eff. July 1, 1988; October 1, 1984.
SECTION .0500 ‑ ALLOCATION OF JORDAN LAKE WATER SUPPLY
STORAGE
15A NCAC 02G .0501 INTRODUCTION
To increase the availability of municipal and industrial
water supplies, the State of North Carolina requested the U.S. Army Corps of
Engineers to designate 32.62 percent of the Jordan Lake conservation storage,
between the elevations 202 mean sea level (msl) and 216 msl, as water supply
storage.
The State, acting through the Environmental Management
Commission, will assign to local governments having a need for water supply
capacity any interest held by the State in such storage, with proportional
payment by the user to the State for the state's associated capital, interest,
administrative and operating costs.
Upon signing the water supply storage contract with the U.S.
Army Corps of Engineers, the Commission will apply the following procedures in
allocating Jordan Lake water supply storage.
History Note: Authority G.S. 143‑215.3(a)(1); 143‑215.38
through 143‑215.43; 143‑354(a)(11);
143B‑282;
Eff. March 1, 1988.
15A NCAC 02G .0502 DEFINITIONS
As used throughout this Subchapter:
(1) "Capital costs" means initial costs of
the project;
(2) "Commission" means Environmental
Management Commission;
(3) "Department" means the North Carolina
Department of Natural Resources and Community Development;
(4) "Division" means the Division of Water
Resources;
(5) "Effective date of allocation" means the
date the Commission approves the allocation;
(6) "Interest costs" means interest accrued
on the unpaid balance;
(7) "Local government" means any city,
county, authority, sanitary district, metropolitan water district, or other
local unit;
(8) "Operating costs" means Jordan Lake's
state and federal operating, maintenance, replacement, and administrative costs
associated with water supply storage;
(9) "State" means the state of North
Carolina; and
(10) "Water supply storage" means storage of
water for municipal or industrial use.
History Note: Authority G.S. 143‑354(a)(11);
Eff. March 1, 1988.
15A NCAC 02G .0503 FORMAL APPLICATION
(a) The Commission may receive initial allocation requests
from local governments beginning on this Section's effective date. In order to
be reviewed, applications must contain the following information:
(1) Projected population and water use,
including a detailed map of the existing and projected water service areas;
(2) A listing of water sources presently
available, including estimated yields of these sources;
(3) An analysis of the yield, quality, and cost
of alternative sources of water supply other than Jordan Lake that could meet
or partially meet projected needs, including regionalization of systems;
(4) A description of conservation and demand‑management
practices to be used;
(5) An outline of plans to use water from
Jordan Lake, including proposed location of intake and water treatment
plant(s), location of wastewater treatment plant(s), any proposed sharing of
facilities or other cooperative arrangements with other local governments, and
a proposed schedule of development;
(6) A plan for monitoring the quality of the
raw and finished water in accordance with the requirements of North Carolina's
Department of Human Resources and the U.S. Environmental Protection Agency;
(7) The estimated cost of developing water
supply facilities at Jordan Lake, also costs of alternative sources of supply;
and
(8) A letter of intent to enter into a
financial commitment for Jordan Lake water storage.
(b) The Commission or the department may request such
additional information as may be reasonably necessary for a complete
understanding of the allocation request.
(c) Local governments may apply for two levels of
allocation: Level I allocations are for applicants which have demonstrated an
immediate need and will commence withdrawals within five years of the effective
date of allocation; Level II allocations are for applicants with documented
longer range needs for water.
(d) The applicant should include in the application the
assumptions and the methodology used to develop projections. The Commission
will assist applicants by providing a copy of departmental procedures for
projecting water supply demands and determining yields.
(e) Using departmental procedures for projecting water
supply demands and determining yields, the department will provide the
Commission an independent assessment of the applicant's water supply needs.
History Note: Authority G.S. 143‑215.3(a)(1); 143‑354(a)(11);
143B‑282;
Eff. March 1, 1988.
15A NCAC 02G .0504 ALLOCATION OF WATER SUPPLY STORAGE
(a) The segment of Jordan Lake proposed for a water supply
withdrawal must be classified by the Commission as a drinking water source
prior to any allocation of Jordan Lake water supply storage. Prior to the
first allocation of water supply storage at Jordan Lake, the Commission shall
hold one or more public meetings on the amount(s) requested by each applicant,
the suitability of Jordan Lake water for public water supply use, the
availability of alternative water sources, and the best utilization of the
water resources of the region. For future allocation decisions, additional
public meetings may be held as determined by the Commission.
(b) The Commission will assign Level I allocations of Jordan
Lake water supply storage based on an intent to begin withdrawing water within
five years of the effective date of allocation, on consideration of projected
water supply needs for a period not to exceed 20 years, and on the design
capacity of the associated withdrawal and treatment facilities.
(c) The Commission will make Level II allocations of Jordan
Lake water supply to applicants based on projected water supply needs for a
period not to exceed 30 years.
(d) The Commission will initially keep 50 percent of the
water supply storage unallocated to meet future water supply needs as they
develop.
(e) If additional storage is requested by holders of Level
II allocations, these parties must submit an application addendum to the
Commission for review.
(f) When holders of Level II allocations have documented an
immediate need and wish to commence withdrawals within five years, their Level
II allocations will be changed to Level I upon review and approval by the
Commission.
(g) The department will issue a notice that it has received
applications for Level I and Level II allocations and requests for increases in
allocations, with a 30‑day period for comment. If there is significant
public interest, the department may hold a public meeting to obtain comments and
information, with appropriate notice.
(h) To protect the yield of Jordan Lake for water supply
and water quality purposes, the Commission will limit water supply allocations
that will result in diversions out of the lake's watershed to 50 percent of the
total water supply yield. The Commission may review and revise this limit
based on experience in managing the lake and on the effects of changes in the
lake's watershed that will affect its yield. For applicants whose discharge or
intake represents a diversion pursuant to G.S. 153A‑285 or 162A‑7,
the Commission will coordinate the review of the diversion with the review of
the allocation request.
(i) Where applications for allocations exceed storage
capacity, the Commission will assign, reassign, or transfer allocations based
on the applicants' or holders' need(s) and alternative water sources available
(as defined in the application requirements), the existing or proposed average
degree of utilization of the resource (relative to the total allocation application),
the level of financial commitment (relative to the applicant's or holder's
total costs in developing Jordan Lake as a water supply source), the effects on
the lake's yield, and the level of sharing facilities or other cooperative
arrangements with other local governments.
History Note: Authority G.S. 143‑54(a)(11); 143‑215.3(a)(1);
143B‑282; 153A‑285; 162A‑7;
Eff. March 1, 1988.
15A NCAC 02G .0505 NOTIFICATION AND PAYMENT
(a) The Commission will notify applicants of the decisions
made regarding their allocation requests.
(b) Recipients of Level I allocations are required to pay a
proportional share of the state's total water supply storage capital and
interest costs over a term suitable to the recipient and the Commission, but by
2012. Interest rates will vary with the payback term, and will be based on the
state recovering the total federal capital and interest costs associated with
water supply storage by 2012. After 2012, the Commission may review and adjust
repayment requirements to assure equitable and efficient allocation of the
resource. Level I recipients are also required to pay annually a proportional
share of operating costs.
(c) Holders of Level II allocations are required to pay a
proportional share of the project's water supply storage interest and operating
costs.
History Note: Authority G.S. 143‑215.3(a)(1); 143‑354(a)(11);
143B‑282;
Eff. March 1, 1988.
15A NCAC 02G .0506 RECIPIENTS' REQUIREMENTS
(a) Holders of Level I allocations must provide
documentation meeting the requirements of the North Carolina Environmental
Policy Act, G.S. 113A‑1 thru 113A‑10, at the time the holders
propose to build facilities to use water from Jordan Lake. Such documentation
shall include the environmental impacts of the proposed withdrawal, treatment,
distribution, and disposal of the holders' allocated water.
(b) Local governments must install and maintain suitable
meters for the measurement of water withdrawn, report these withdrawals to the
department on a monthly basis, and obtain the department's approval for the
design, location, and installation of associated withdrawal facilities.
(c) Holders of Level I and Level II allocations must pay
the required capital, interest, and operating costs when due.
History Note: Authority G.S. 113A‑1 through 113A‑10;
143‑215.3(a)(1); 143‑354(a)(11);
143B‑282;
Eff. March 1, 1988.
15A NCAC 02G .0507 LOSS OF ALLOCATION
(a) The Commission will review the Level I and Level II
allocations at five year intervals, beginning on the effective date of the
first allocation.
(b) Level I allocations will be reviewed for possible
reassignment if the recipient does not begin to withdraw water within five
years of the effective date of allocation or is not using and withdrawing the
water as proposed in the application.
(c) Level I and Level II allocations will be rescinded upon
failure by the local government to meet the regulation requirements in .0506
(a), (b), and (c).
(d) The Commission may adjust, reassign, or transfer
interests in water supply storage held by local governments, if indicated by an
investigation of needs or changes in the project's water supply storage
capacity. Capital, interest, and operating costs will be equitably adjusted to
reflect the allocation recipients' proportion of total capacity.
Holders of Level I and Level II allocations will receive
appropriate refunds for any payments made if their allocations are adjusted,
reassigned, or otherwise amended with the approval of the Commission.
Rescinded allocations will not be refunded.
(e) The Commission shall hold a public meeting to obtain
comments and information regarding the proposed loss of allocation.
History Note: Authority G.S. 143‑215.3(a)(1); 143‑354(a)(11);
143B‑282;
Eff. March 1, 1988.
SECTION .0600 ‑ AQUATIC WEED CONTROL
15A NCAC 02G .0601 THE AQUATIC WEED CONTROL ACT
History Note: Authority G.S. 106-420; 113A-222;
113A-223; 113A-224;
Eff. September 1, 1992;
Repealed Eff. April 1, 2006.
15A NCAC 02G .0602 NOXIOUS AQUATIC WEED LIST
The Secretary of the Department of Environment and Natural
Resources has designated the following plants as noxious aquatic weeds:
(1) Species Listed on the Federal Noxious Weed List.
Azolla pinnata R. Brown - Pinnate
mosquitofern
Eichhornia azurea (Sw.) Kunth - Anchored
waterhyacinth
Hydrilla verticillata
(L.f.) Royle - Hydrilla
Hygrophila polysperma (roxb.) T. Anderson
- Indian hygrophila
Ipomoea aquatica Forsk. - Swamp morning
glory, water spinach
Lagarosiphon major (Ridley) Moss -
African elodea
Limnophila sessiliflora (Vahl)
Blume-Limnophila
Melaleuca quinquenervia
(Cav.) Blake-Melalucea
Monochoria hastata (L.) Solms
- Arrowleaved monochoria
Monochoria vaginalis (Burm. f.) Kunth -
Monochoria
Sagittaria sagittifolia L. - Arrowhead
Salvinia auriculata Aubl. - Giant
salvinia
Salvinia biloba Raddi - Giant salvinia
Salvinia herzogii de la
Sota - Giant salvinia
Salvinia molesta Mitch. - Giant salvinia
Sparganium erectum L. - Branched burreed
Stratiotes aloides L. - Crab's claw,
Water-aloe
(2) Additional species.
Alternanthera philoxeroides (Mart.)
Griseb - Alligatorweed
Crassula helmsii (Kirk) - Swamp stonecrop
Egeria densa Planch. - Brazilian elodea,
Anacharis
Eichhornia crassipes (Mart.) Solms.
–Water hyacinth
Lagarosiphon spp. (All species) - African
elodea
Ludwigia hexapetala (Hooker & Arnott)
Zardi. - Uruguay waterprimrose, Creeping waterprimrose
Lythrum salicaria L. - Purple loosestrife
Myriophyllum aquaticum (Vell.) Verdc. -
Parrotfeather
Myriophyllum spicatum L. - Eurasian
watermilfoil
Najas minor All. - Brittleleaf naiad,
Slender naiad
Phragmites australis (Cav.) Trin. ex
Steud. - Common reed
Pistia stratiotes L. - Water lettuce
Salvinia spp. (All except S.
rotundifolia) - Water fern
Trapa spp. (All species) - Water chestnut
History Note: Authority G.S. 113A-222;
Eff. September 1, 1992;
Amended Eff. April 1, 2006.
