Current through Register Vol. 39, No. 6, September 16, 2024
PURPOSE. The purpose of this Rule,
15A NCAC
02B .0263 through
02B .0273 and
02B .0311(p) shall be to restore
and maintain nutrient-related water quality standards in B. Everett Jordan
Reservoir; protect its classified uses as set out in
15A NCAC
02B .0216, including use as a source of water
supply for drinking water, culinary and food processing purposes; and maintain
or enhance protections currently implemented by local governments in existing
water supply watersheds. These Rules, as further enumerated in Item (3) of this
Rule, together shall constitute the Jordan water supply nutrient strategy, or
Jordan nutrient strategy. Additional provisions of this Rule include
establishing the geographic and regulatory scope of the Jordan nutrient
strategy, defining its relationship to existing water quality regulations,
setting specific nutrient mass load goals for Jordan Reservoir, providing for
the use of adaptive management to restore Jordan Reservoir, and citing general
enforcement authorities. The following provisions further establish the
framework of the Jordan water supply nutrient strategy:
(1) SCOPE. B. Everett Jordan Reservoir is
hereafter referred to as Jordan Reservoir. All lands and waters draining to
Jordan Reservoir are hereafter referred to as the Jordan watershed. Jordan
Reservoir and all waters draining to it have been supplementally classified as
Nutrient Sensitive Waters (NSW) pursuant to
15A NCAC
02B .0101(e)(3) and
15A NCAC
02B .0223. Water supply waters designated
WS-II, WS-III, and WS-IV within the Jordan watershed shall retain their
classifications. The remaining waters in the Jordan watershed are classified
WS-V as of the initial effective date of this Rule, August 11, 2009. The
requirements of all of these water supply classifications shall be retained and
applied except as specifically noted in Item (6) of this Rule and elsewhere
within the Jordan nutrient strategy. Pursuant to
G.S.
143-214.5(b), the entire
Jordan watershed shall be designated a critical water supply watershed and
through the Jordan nutrient strategy given additional, more stringent
requirements than the state minimum water supply watershed management
requirements. These requirements supplement the water quality standards
applicable to Class C waters, as described in Rule .0211 of this Section, which
apply throughout the Jordan watershed.
(2) STRATEGY GOAL. Pursuant to
G.S.
143-215.1(c5),
143-215.8B, and
143B-282(c) and
(d) of the Clean Water Responsibility Act of
1997, the Environmental Management Commission establishes the goal of reducing
the average annual loads of nitrogen and phosphorus delivered to Jordan
Reservoir from all point and nonpoint sources of these nutrients located within
its watershed, as specified in Item (5) of this Rule, and provides for adaptive
management of the strategy and goal, as specified in Item (8) of this
Rule.
(3) RULES ENUMERATED. The
second rule in the following list provides definitions for terms that are used
in more than one rule of the Jordan nutrient strategy. An individual rule may
contain additional definitions that are specific to that Rule. The rules of the
Jordan nutrient strategy are titled as follows:
(a) Rule. 0262 - Purpose and Scope;
(b) Rule. 0263 - Definitions;
(c) Rule. 0264 - Agriculture;
(d) Rule. 0265 - Stormwater Management for
New Development;
(e) Rule. 0266 -
Stormwater Management for Existing Development;
(f) Rule. 0267 - Protection of Existing
Riparian Buffers;
(g) Rule. 0268 -
Mitigation for Riparian Buffers;
(h) Rule. 0269 - Riparian Buffer Mitigation
Fees to the NC Ecosystem Enhancement Program;
(i) Rule. 0270 - Wastewater Discharge
Requirements;
(j) Rule. 0271 -
Stormwater Requirements for State and Federal Entities;
(k) Rule. 0272 - Fertilizer
Management;
(l) Rule. 0273 -
Options for Offsetting Nutrient Loads; and
(m) Rule. 0311 - Cape Fear River
Basin.
(4) RESERVOIR
ARMS AND SUBWATERSHEDS. For the purpose of the Jordan nutrient strategy, Jordan
Reservoir is divided into three arms and the Jordan watershed is divided into
three tributary subwatersheds as follows:
(a)
The Upper New Hope arm of the reservoir, identified by index numbers
16-41-1-(14), 16-41-2-(9.5), and 16-41-(0.5) in the Schedule of Classifications
for the Cape Fear River Basin,
15A NCAC
02B .0311, encompasses the upper end of the
reservoir upstream of SR 1008, and its subwatershed encompasses all lands and
waters draining into it.
(b) The
Lower New Hope arm of the reservoir, identified by index number 16-41-(3.5) in
the Schedule of Classifications for the Cape Fear River Basin,
15A NCAC
02B .0311, lies downstream of SR 1008 and
upstream of the Jordan Lake Dam, excluding the Haw River arm of the reservoir,
and its subwatershed encompasses all lands and waters draining into the Lower
New Hope arm of the reservoir excluding those that drain to the Upper New Hope
arm of the reservoir and the Haw River arm of the reservoir.
(c) The Haw River arm of the reservoir,
identified by index number 16-(37.5) in the Schedule of Classifications for the
Cape Fear River Basin,
15A NCAC
02B .0311, lies immediately upstream of
Jordan Lake Dam, and its subwatershed includes all lands and waters draining
into the Haw River arm of the reservoir excluding those draining into the Upper
and Lower New Hope arms.
(5) NUTRIENT REDUCTION GOALS. Each arm of the
lake has reduction goals, total allowable loads, point source wasteload
allocations, and nonpoint source load allocations for both nitrogen and
phosphorus based on a field-calibrated nutrient response model developed
pursuant to provisions of
G.S.
143-215.1(c5). The reduction
goals and allocations shall be met collectively by the sources regulated under
the Jordan nutrient strategy. The reduction goals are expressed in terms of a
percentage reduction in delivered loads from the baseline years, 1997-2001,
while allocations are expressed in pounds per year of allowable delivered load.
Each arm and subwatershed shall conform to its respective allocations for
nitrogen and phosphorus as follows:
(a) The
at-lake nitrogen goals for the arms of Jordan Reservoir are as follows:
(i) The Upper New Hope arm has a 1997-2001
baseline nitrogen load of 986,186 pounds per year and a nitrogen Total Maximum
Daily Load (TMDL) reduction goal of 35 percent. The resulting TMDL includes a
total allowable load of 641,021 pounds of nitrogen per year: a point source
mass wasteload allocation of 336,079 pounds of nitrogen per year, and a
nonpoint source mass load allocation of 304,942 pounds of nitrogen per
year.
(ii) The Lower New Hope arm
has a 1997-2001 baseline nitrogen load of 221,929 pounds per year and a
nitrogen TMDL capped at the baseline nitrogen load. The resulting TMDL includes
a total allowable load of 221,929 pounds of nitrogen per year: a point source
mass wasteload allocation of 6,836 pounds of nitrogen per year, and a nonpoint
source mass load allocation of 215,093 pounds of nitrogen per year.
(iii) The Haw River arm has a 1997-2001
baseline nitrogen load of 2,790,217 pounds per year and a nitrogen TMDL
reduction goal of eight percent. The resulting TMDL includes a total allowable
load of 2,567,000 pounds of nitrogen per year: a point source mass wasteload
allocation of 895,127 pounds of nitrogen per year, and a nonpoint source mass
load allocation of 1,671,873 pounds of nitrogen per year.
(b) The at-lake phosphorus goals for the arms
of Jordan Reservoir are as follows:
(i) The
Upper New Hope arm has a 1997-2001 baseline phosphorus load of 87,245 pounds
per year and a phosphorus TMDL reduction goal of five percent. The resulting
TMDL includes a total allowable load of 82,883 pounds of phosphorus per year: a
point source mass wasteload allocation of 23,108 pounds of phosphorus per year,
and a nonpoint source mass load allocation of 59,775 pounds of phosphorus per
year.
(ii) The Lower New Hope arm
has a 1997-2001 baseline phosphorus load of 26,574 pounds per year and a
phosphorus TMDL capped at the baseline phosphorus load. The resulting TMDL
includes a total allowable load of 26,574 pounds of phosphorus per year: a
point source mass wasteload allocation of 498 pounds of phosphorus per year,
and a nonpoint source mass load allocation of 26,078 pounds of phosphorus per
year.
(iii) The Haw River arm has a
1997-2001 baseline phosphorus load of 378,569 pounds per year and a phosphorus
TMDL reduction goal of five percent. The resulting TMDL includes a total
allowable load of 359,641 pounds of phosphorus per year: a point source mass
wasteload allocation of 106,001 pounds of phosphorus per year, and a nonpoint
source mass load allocation of 253,640 pounds of phosphorus per year.
(c) The allocations established in
this Item may change as a result of allocation transfer between point and
nonpoint sources to the extent provided for in rules of the Jordan nutrient
strategy and pursuant to requirements on the sale and purchase of load
reduction credit set out in
15A NCAC
02B .0273.
(6) RELATION TO WATER SUPPLY REQUIREMENTS.
The following water supply requirements shall apply:
(a) For all waters designated as WS-II,
WS-III, or WS-IV within the Jordan watershed, the requirements of water supply
15A NCAC
02B .0214 through
02B .0216 shall remain in effect
with the exception of Sub-Item (3)(b) of those Rules addressing nonpoint
sources. The nonpoint source requirements of Sub-Item (3)(b) of those Rules are
superseded by the requirements of this Rule and
15A NCAC
02B .0263 through
02B .0269, and .0271 through
.0273, except as specifically stated in any of these Rules. For WS-II, WS-III,
and WS-IV waters, the retained requirements of
15A NCAC
02B .0214 through
02B .0216 are the following:
(i) Item (1) of
15A NCAC
02B .0214 through
02B .0216 addressing best
usages;
(ii) Item (2) of
15A NCAC
02B .0214 through
02B .0216 addressing predominant
watershed development conditions, discharges expressly allowed watershed-wide,
general prohibitions on and allowances for domestic and industrial discharges,
Maximum Contaminant Levels following treatment, and the local option to seek
more protective classifications for portions of existing water supply
watersheds;
(iii) Sub-Item (3)(a)
of 15A
NCAC 02B .0214 through
02B .0216 addressing waste
discharge limitations; and
(iv)
Sub-Items (3)(c) through (3)(h) of
15A NCAC
02B .0214 through
02B .0216 addressing aesthetic
and human health standards.
(b) For waters designated WS-V in the Jordan
Watershed, the requirements of Rules .0263 through .0273 and .0311 of this
Subchapter shall apply. The requirements of
15A NCAC
02B .0218 shall also apply except for
Sub-Items (3)(e) through (3)(h) of that Rule, which shall only apply where:
(i) The designation of WS-V is associated
with a water supply intake used by an industry to supply drinking water for
their employees; or
(ii) Standards
set out in
15A NCAC
02B .0218(3)(e) through
(3)(h) are violated at the upstream boundary
of waters within those watersheds that are classified as WS-II, WS-III, or
WS-IV. This Sub-Item shall not be construed to alter the nutrient reduction
requirements set out in
15A NCAC
02B .0262(5) or
15A NCAC
02B .0275(3).
(7) APPLICABILITY.
Types of parties responsible for implementing rules within the Jordan nutrient
strategy and, as applicable, their geographic scope of responsibility, are
identified in each rule. The specific local governments responsible for
implementing Rules .0265, .0266, .0267, .0268, and .0273 of this Subchapter
shall be as follows:
(a) Rules .0265, .0266,
.0267, .0268, and .0273 of this Subchapter shall be implemented by all
incorporated municipalities, as identified by the Office of the Secretary of
State, with planning jurisdiction within or partially within the Jordan
watershed. As of August 11, 2009, those municipalities are:
(i) Alamance;
(ii) Apex;
(iii) Burlington;
(iv) Carrboro;
(v) Cary;
(vi) Chapel Hill;
(vii) Durham;
(viii) Elon;
(ix) Gibsonville;
(x) Graham;
(xi) Green Level;
(xii) Greensboro;
(xiii) Haw River;
(xiv) Kernersville;
(xv) Mebane;
(xvi) Morrisville;
(xvii) Oak Ridge;
(xviii) Ossipee;
(xix) Pittsboro;
(xx) Pleasant Garden;
(xxi) Reidsville;
(xxii) Sedalia;
(xxiii) Stokesdale;
(xxiv) Summerfield; and
(xxv) Whitsett.
(b) Rules .0265, .0266, .0267, .0268, and
.0273 of this Subchapter shall be implemented by the following counties for the
portions of the counties where the municipalities listed in Sub-Item (7)(a) do
not have an implementation requirement:
(i)
Alamance;
(ii) Caswell;
(iii) Chatham;
(iv) Durham;
(v) Guilford;
(vi) Orange;
(vii) Rockingham; and
(viii) Wake.
(c) A unit of government may arrange through
interlocal agreement or other instrument of mutual agreement for another unit
of government to implement portions or the entirety of a program required or
allowed under any of the rules listed in Item (3) of this Rule to the extent
that such an arrangement is otherwise allowed by statute. The governments
involved shall submit documentation of any such agreement to the Division. No
such agreement shall relieve a unit of government from its responsibilities
under these Rules.
(8)
ADAPTIVE MANAGEMENT. The Division shall evaluate the effectiveness of the
Jordan nutrient strategy no sooner than ten years following the effective date
and periodically thereafter as part of the review of the Cape Fear
River Basinwide Water Quality Plan. The Division shall base its
evaluation on, at a minimum, trend analyses as described in the monitoring
section of the B. Everett Jordan Reservoir, North Carolina Nutrient
Management Strategy and Total Maximum Daily Load, and lake use support
assessments. Both of these documents can be found on the Division's website at
www.ncwater.org. The Division may also
develop additional watershed modeling or other source characterization work.
Any nutrient response modeling and monitoring on which any recommendation for
adjustment to strategy goals may be based shall meet the criteria set forth in
G.S.
143-215.1(c5) and meet or
exceed criteria used by the Division for the monitoring and modeling used to
establish the goals in Item (5) of this Rule. Any modification to these Rules
as a result of such evaluations would require additional rulemaking.
(9) LIMITATION. The Jordan nutrient strategy
may not fully address significant nutrient sources in the Jordan watershed in
that these Rules do not directly address atmospheric sources of nitrogen to the
watershed from sources located both within and outside of the watershed. As
better information becomes available from ongoing research on atmospheric
nitrogen loading to the watershed from these sources, and on measures to
control this loading, the Commission may undertake separate rule making to
require such measures it deems necessary from these sources to support the
goals of the Jordan nutrient strategy.
(10) ENFORCEMENT. Failure to meet
requirements of Rules .0262, .0264, .0265, .0266, .0267, .0268, .0269, .0270,
.0271, .0272 and .0273 of this Subchapter may result in imposition of
enforcement measures as authorized by
G.S.
143-215.6A (civil penalties),
G.S.
143-215.6B (criminal penalties), and
G.S.
143-215.6C (injunctive relief).
Authority
G.S.
143-214.1;
143-214.5;
143-214.7;
143-215.1;
143-215.3(a)(1);
143-215.6A;
143-215.6B;
143-215.6C;
143-215.8B;
143B-282(c);
143B-282(d);
S.L. 2005-190; S.L. 2006-259; S.L. 2012-187;
Eff. August 11,
2009;
Amended Eff. January 1, 2014; September 1,
2011.
