SUBCHAPTER 2B ‑ SURFACE WATER AND WETLAND STANDARDS
SECTION .0100 ‑ PROCEDURES FOR ASSIGNMENT OF WATER
QUALITY STANDARDS
15A NCAC 02B .0101 GENERAL PROCEDURES
(a) The rules contained in Sections .0100, .0200 and .0300
of this Subchapter which pertain to the series of classifications and water
quality standards shall be known as the "Classifications and Water Quality
Standards Applicable to the Surface Waters and Wetlands of North
Carolina."
(b) The Environmental Management Commission, prior to
classifying and assigning standards of water quality to any waters of the
state, shall proceed as follows:
(1) The Commission, or its designee, shall
determine waters to be studied for the purpose of classification and assignment
of water quality standards on the basis of user requests, petitions, or the
identification of existing or attainable water uses, as defined by 15A NCAC 2B
.0202, not presently included in the water classification.
(2) After appropriate studies of the identified
waters to obtain the data and information required for determining the proper
classification of the waters or segments of water are completed, the
Commission, or its designee, shall make a decision on whether to initiate
proceedings to modify the classifications and water quality standards of
identified waters. In the case of the Commission's designee deciding to
initiate said proceedings, the designee shall inform the Commission of the
decision prior to scheduling a public hearing.
(3) In the case of a petition for
classification and assignment of water quality standards according to the
requirements of General Statute 150B‑20, the Director shall make a
preliminary recommendation on the appropriate classifications and water quality
standards of the identified waters on the basis of the study findings or
information included in the petition supporting the classification and
standards changes.
(4) The Commission shall make a decision on
whether to grant or deny a petition in accordance with the provisions of
General Statute 150B‑20 based on the information included in the petition
and the recommendation of the Director. The Commission may deny the petition
and request that the Division study the appropriate classifications and water
quality standards for the petitioned waters in accordance with Subparagraph
(b)(2) of this Rule.
(5) The Director shall give due notice of such
hearing or hearings in accordance with the requirements of General Statute 143‑214.1
and G.S. 150B, and shall appoint a hearing officer(s) in consultation with the
chairman of the Commission.
(6) The hearing officer(s) shall, as soon as
practicable after the completion of the hearing, submit a complete report of
the proceedings of the hearing to the Commission. The hearing officer(s) shall
include in the report a transcript or summary of testimony presented at such
public hearing, relevant exhibits, a summary of relevant information from the
stream studies conducted by the technical staff of the Commission, and final
recommendations as to classification of the designated waters and the standards
of water quality and best management practices which should be applied to the
classifications recommended.
(7) The Commission, after due consideration of
the hearing records and the final recommendations of the hearing officer(s),
shall adopt its final action with respect to the assignment of classifications,
and any applicable standards or best management practices applicable to the
waters under consideration. The Commission shall publish such action, together
with the effective date for the application of the provisions of General
Statute 143‑215.1 and 143‑215.2, as amended, as a part of the
Commission's official rules.
(8) The final action of the Commission with
respect to the assignment of classification with its accompanying standards and
best management practices shall contain the Commission's conclusions relative
to the various factors given in General Statute 143‑214.1(d), and shall
specifically include the class or classes to which such specifically designated
waters in the watershed or watersheds shall be assigned on the basis of best
usage in the interest of the public.
(c) Freshwater shall be assigned to one of the following
classification:
(1) Class C: freshwaters protected for
secondary recreation, fishing, aquatic life including propagation and survival,
and wildlife. All freshwaters shall be classified to protect these uses at a
minimum.
(2) Class B: freshwaters protected for primary
recreation which includes swimming on a frequent or organized basis and all Class
C uses.
(3) Class WS-I: waters protected as water
supplies which are essentially in natural and undeveloped watersheds. Point
source discharges of treated wastewater are permitted pursuant to Rules .0104
and .0211 of this Subchapter. Local programs to control nonpoint sources and
stormwater discharges of pollution are required. Suitable for all Class C
uses.
(4) Class WS-II: waters protected as water
supplies which are generally in predominantly undeveloped watersheds. Point
source discharges of treated wastewater are permitted pursuant to Rules .0104
and .0211 of this Subchapter. Local programs to control nonpoint sources and
stormwater discharges of pollution shall be required. Suitable for all Class C
uses.
(5) Class WS-III: waters protected as water
supplies which are generally in low to moderately developed watersheds. Point
source discharges of treated wastewater are permitted pursuant to Rules .0104
and .0211 of this Subchapter. Local programs to control nonpoint sources and
stormwater discharges of pollution shall be required. Suitable for all Class C
uses.
(6) Class WS-IV: waters protected as water
supplies which are generally in moderately to highly developed watersheds.
Point source discharges of treated wastewater are permitted pursuant to Rules
.0104 and .0211 of this Subchapter. Local programs to control nonpoint sources
and stormwater discharges of pollution shall be required; suitable for all
Class C uses.
(7) Class WS-V: waters protected as water
supplies which are generally upstream of and draining to Class WS-IV waters.
No categorical restrictions on watershed development or treated wastewater
discharges shall be required. However, the Commission or its designee may
apply appropriate management requirements as deemed necessary for the
protection of downstream receiving waters (15A NCAC 2B .0203); suitable for all
Class C uses.
(8) Class WL: waters that meet the definition
of wetlands found in 15A NCAC 2B .0202 except those designated as Class SWL.
(d) Tidal Salt Waters shall be assigned to one of the
following:
(1) Class SC: saltwaters protected for
secondary recreation, fishing, aquatic life including propagation and survival,
and wildlife. All saltwaters shall be classified to protect these uses at a
minimum.
(2) Class SB: saltwaters protected for primary
recreation which includes swimming on a frequent or organized basis and all
Class SC uses.
(3) Class SA: suitable for commercial
shellfishing and all other tidal saltwater uses.
(4) Class SWL: waters that meet the definition
of coastal wetlands as defined by 15A NCAC 2H .0205, and which are landward of
the mean high water line, and wetlands contiguous to estuarine waters as
defined by 15A NCAC 2H .0206.
(e) The following are supplemental classifications:
(1) Trout waters (Tr): freshwaters protected
for natural trout propagation and survival of stocked trout.
(2) Swamp waters (Sw): waters which have low
velocities and other natural characteristics which are different from adjacent
streams.
(3) Nutrient Sensitive Waters (NSW): waters
subject to growths of microscopic or macroscopic vegetation requiring
limitations on nutrient inputs.
(4) Outstanding Resource Waters (ORW): unique
and special waters of exceptional state or national recreational or ecological
significance which require special protection to maintain existing uses.
(5) High Quality Waters (HQW): waters which
are rated as excellent based on biological and physical/chemical
characteristics through Division monitoring or special studies, native and
special native trout waters (and their tributaries) designated by the Wildlife
Resources Commission, primary nursery areas (PNA) designated by the Marine
Fisheries Commission and other functional nursery areas designated by the
Marine Fisheries Commission, all water supply watersheds which are either
classified as WS‑I or WS‑II or those for which a formal petition
for reclassification as WS‑I or WS‑II has been received from the
appropriate local government and accepted by the Division of Water Quality and
all Class SA waters.
(6) Future Water Supply (FWS): waters that
have been requested by a local government and adopted by the Commission as a
future source for drinking, culinary , or food-processing purposes. Local
government(s) requesting this reclassification shall provide to the Division
evidence of intent which may include one or a combination of the following:
capitol improvement plans, a Water Supply Plan as described in G.S. 143-355(1),
bond issuance for the water treatment plant or land acquisition records. Local
governments shall provide a 1:24,000 scale USGS topographical map delineating
the location of the intended water supply intake. Requirements for activities
administered by the State of North Carolina, such as the issuance of permits
for landfills, NPDES wastewater discharges, land application of residuals and
road construction activities shall be effective upon reclassification for
future water supply use. The requirements shall apply to the critical area and
balance of the watershed or protected area as appropriate. Upon receipt of the
final approval letter from the Division of Environmental Health for
construction of the water treatment plant and water supply intake, the
Commission shall initiate rule-making to modify the Future Water Supply
supplemental classification. Local government implementation is not required
until 270 days after the Commission has modified the Future Water Supply (FWS)
supplemental classification through the rule-making process and notified the
affected local government(s) that the appropriate local government land use
requirements applicable for the water supply classifications are to be adopted,
implemented and submitted to the Commission for approval. Local governments
may also adopt land use ordinances that meet or exceed the state's minimum
requirements for water supply watershed protection prior to the end of the 270
day deadline. The requirements for FWS may also be applied to waters formerly
used for drinking water supply use, and currently classified for water supply
use, at the request of local government(s) desiring protection of the watershed
for future water supply use.
(7) Unique wetland (UWL): wetlands of
exceptional state or national ecological significance which require special
protection to maintain existing uses. These wetlands may include wetlands that
have been documented to the satisfaction of the Commission as habitat essential
for the conservation of state or federally listed threatened or endangered
species.
(f) In determining the best usage of waters and assigning
classifications of such waters, the Commission shall consider the criteria
specified in General Statute 143‑214.1(d) and all existing uses as
defined by 15A NCAC 2B .0202. In determining whether to revise a designated
best usage for waters through a revision to the classifications, the Commission
shall follow the requirements of 40 CFR 131.10(b),(c),(d) and (g) which are
hereby incorporated by reference including any subsequent amendments and
editions. This material is available for inspection at the Department of
Environment, Health, and Natural Resources, Division of Water Quality, Water
Quality Section, 512 North Salisbury Street, Raleigh, North Carolina. Copies
may be obtained from the U.S. Government Printing Office, Superintendent of
Documents, Washington, DC 20402‑9325 at a cost of thirteen dollars
($13.00).
(g) When revising the classification of waters, the
Division shall collect water quality data within the watershed for those
substances which require more stringent control than required by the existing
classification. However, such sampling may be limited to only those parameters
which are of concern. If the revision to classifications involves the removal
of a designated use, the Division shall conduct a use attainability study as
required by the provisions of 40 CFR 131.10(j) which are hereby incorporated by
reference including any subsequent amendments and editions. This material is
available for inspection at the Department of Environment, Health, and Natural
Resources, Division of Water Quality, Water Quality Section, 512 North
Salisbury Street, Raleigh, North Carolina. Copies may be obtained from the
U.S. Government Printing Office, Superintendent of Documents, Washington, DC
20402‑9325 at a cost of thirteen dollars ($13.00).
History Note: Authority G.S. 143‑214.1; 143‑215.3(a)(1);
Eff. February 1, 1976;
Amended Eff. August 1, 1995; February 1, 1993; August 3,
1992; August 1, 1990;
RRC Objection Eff. July 18, 1996 due to lack of statutory
authority and ambiguity;
Amended Eff. October 1, 1996.
