Current through Register Vol. 39, No. 6, September 16, 2024
(a) Classifications
assigned to the waters within the Catawba River Basin are set forth in the
Catawba River Basin Classification Schedule, which may be inspected at the
following places:
(2) the following offices of
the North Carolina Department of Environmental Quality:
(A) Mooresville Regional Office
610 East Center Avenue, Suite 301
Mooresville, North Carolina;
(B) Asheville Regional Office
2090 US Highway 70
Swannanoa, North Carolina; and
(C) Division of Water Resources
Central Office
512 North Salisbury Street
Raleigh, North Carolina.
(b) Unnamed streams entering South
Carolina are classified "C."
(c)
The Catawba River Basin Classification Schedule was amended effective:
(1) March 1, 1977 (see Paragraph (d) of this
Rule);
(2) August 12, 1979 (see
Paragraph (e) of this Rule);
(3)
April 1, 1982 (see Paragraph (f) of this Rule; Rule);
(4) January 1, 1985 (see Paragraph (g) of
this Rule);
(5) August 1, 1985 (see
Paragraph (h) of this Rule);
(6)
February 1, 1986 (see Paragraph (i) of this Rule);
(7) March 1, 1989 (see Paragraph (j) of this
Rule);
(8) May 1, 1989 (see
Paragraph (k) of this Rule);
(9)
March 1, 1990 (see Paragraph (l) of this Rule);
(10) August 1, 1990 (see Paragraph (m) of
this Rule);
(11) August 3, 1992
(see Paragraph (n) of this Rule);
(12) April 1, 1994 (see Paragraph (o) of this
Rule);
(13) July 1, 1995 (see
Paragraph (p) of this Rule);
(14)
September 1, 1996 (see Paragraph (q) of this Rule);
(15) August 1, 1998 (see Paragraph (r) of
this Rule);
(16) April 1, 1999 (see
Paragraph (s) of this Rule);
(17)
August 1, 2000 (see Paragraph (t) of this Rule);
(18) August 1, 2004 (see Paragraph (u) of
this Rule);
(19) May 1, 2007 (see
Paragraph (v) of this Rule);
(20)
September 1, 2010 (see Paragraph (w) of this Rule);
(21) March 1, 2013 (see Paragraph (x) of this
Rule); and
(22) July 1, 2017 (see
Paragraph (y) of this Rule).
(d) The Catawba River Basin Classification
Schedule was amended effective March 1, 1977 as follows:
(1) Torrence Branch (Index No. 11-136) from
source to North Carolina-South Carolina State Line was reclassified from Class
D to Class B; and
(2) Edwards
Branch (Index No. 11-137-8-2-1) from source to Brier Creek was reclassified
from Class D to Class C.
(e) The Catawba River Basin Classification
Schedule was amended effective August 12, 1979 as follows: Unnamed Tributary to
Lower Little River (Robinette Creek)(Index No. 11-69-1.5) from source to Lower
Little River was reclassified from Class C to Class B.
(f) The Catawba River Basin Classification
Schedule was amended effective April 1, 1982 as follows:
(1) Spainhour Creek (Index No. 11-39-3) from
source to Lower Creek was reclassified from Class C (1) to Class C;
and
(2) Allen Creek (Index No.
11-129-5-7-2-4) from source to Maiden Creek was reclassified from Class C to
Class A-II.
(g) The
Catawba River Basin Classification Schedule was amended effective January 1,
1985 as follows: Catawba Creek from source to N.C. Highway 275 was reclassified
from Class C(1) to Class C.
(h) The
Catawba River Basin Classification Schedule was amended effective August 1,
1985 as follows:
(1) Brier Creek (Index No.
11-137-8-2) from source to Little Sugar Creek was reclassified from Class C (1)
to Class C;
(2) Little Hope Creek
(Index No. 11-137-8-3) from source to Little Sugar Creek was reclassified from
Class C (1) to Class C; and
(3)
McMullen Creek (Index No. 11-137-9-5) from source to N.C. Highway 16 was
reclassified from Class C (1) to Class C.
(i) The Catawba River Basin Classification
Schedule was amended effective February 1, 1986 with the reclassification of
all A-I and A-II streams to WS-I and WS-III in the Catawba River
Basin.
(j) The Catawba River Basin
Classification Schedule was amended effective March 1, 1989 as follows:
Wilson Creek (Index No. 11-38-34) and all tributary waters
were reclassified from Class B-trout and Class C-trout to Class B-trout ORW and
Class C-trout ORW.
(k) The
Catawba River Basin Classification Schedule was amended effective May 1, 1989
as follows:
(1) Henry Fork [Index Nos.
11-129-1-(1) and 11-129-1-(2)] from source to Laurel Creek, including all
tributaries, were reclassified from Class WS-I, C and C trout to Class WS-I
ORW, C ORW and C trout ORW, except Ivy Creek and Rock Creek which will remain
Class C trout and Class C; and
(2)
Jacob Fork [Index Nos. 11-129-2-(1) and 11-129-2-(4)] from source to Camp
Creek, including all tributaries, were reclassified from Class WS-III trout and
WS-III to WS-III trout ORW and WS-III ORW.
(l) The Catawba River Basin Classification
Schedule was amended effective March 1, 1990 as follows:
(1) Upper Creek [Index No. 11-35-2-(1)] from
source to Timbered Branch including all tributaries except Timbered Branch
(Index No. 11-35-2-9) was reclassified from Class C Trout to Class C Trout ORW;
and
(2) Steels Creek [Index No.
11-35-2-12(1)] from source to Little Fork and all tributaries was reclassified
from Class C Trout to Class C Trout ORW.
(m) The Catawba River Basin Classification
Schedule was amended effective August 1, 1990 as follows:
(1) The classification for the portion of
Mackey Creek [Index No. 11-15-(2)] from Marion Water Supply Intake to Laurel
Fork was reclassified from Class C to Class C HQW;
(2) Laurel Fork Creek [Index No. 11-15-3]
from source to Mackey Creek was reclassified from Class C Tr to Class C Tr
HQW;
(3) Armstrong Creek [Index No.
11-24-14-(1)] from source to Bee Rock Creek was reclassified from Class WS-III
Tr to Class WS-III Tr HQW;
(4) Two
segments of Linville River [Index Nos. 11-29-(16) and 11-29-(19)] were
reclassified from Class B Tr and Class B to Class B Tr HQW and Class B HQW,
respectively;
(5) Upper Creek
[Index No. 11-35-2-(8.5)] and its named tributaries were reclassified from
Class C Tr to Class C Tr HQW;
(6)
Upper Creek (Clear Water Beach Lake) [Index No. 11-35-2-(10)] from Holly Spring
Branch to Dam Clear Water Beach Lake was reclassified from Class B Tr to Class
B Tr HQW;
(7) Holly Spring Branch
[Index No. 11-35-2-11] from source to Upper Creek was reclassified from Class C
Tr to Class Tr HQW;
(8) Steels
Creek [Index No. 11-35-2-12-(5)] from Little Fork to a point 1.7 miles upstream
from N.C. Highway 181 Bridge was reclassified from Class B Tr to Class B Tr HQW
and Steels Creek [Index No. 11-35-2-12-(7)] from a point 1.7 miles upstream
from N.C. Highway 181 bridge to Clear Water Beach Lake, Upper Creek was
reclassified from Class B to Class B HQW;
(9) Upper Creek [Index No. 11-35-2-(13)] from
Dam at Clear Water Beach Lake to Warrior Fork was reclassified from Class
WS-III Tr to Class WS-III Tr HQW;
(10) The portion of Johns River [Index No.
11-38-(28)] from Wilson Creek to Rhodhiss Lake, Catawba River was reclassified
from Class C to Class C HQW;
(11)
Mulberry Creek [Index No. 11-38-32-(1)] from source to Boone Fork and its
tributaries Left Fork Mulberry Creek [Index No. 11-38-32-2], Right Fork
Mulberry Creek [Index No. 11-38-32-3], Roaring Creek [Index No. 11-38-32-8] and
Clark Branch [Index No. 11-38-32-10] were reclassified from Class C Tr to Class
C Tr HQW;
(12) Amos Creek [Index
No. 11-38-32-4] and Mills Creek [Index No. 11-38-32-5] and their named
tributaries were reclassified from Class C to Class C HQW;
(13) Cane Branch [Index No. 11-38-32-6], Rush
Branch [11-38-32-7] and Frankum Creek [11-38-32-9] and its named tributaries
were reclassified from Class C to Class C HQW;
(14) Mulberry Creek [Index No. 11-38-32-(11)]
from Boone Branch to Dam at Mulberry Beach was reclassified from Class B to
Class B HQW;
(15) Boone Branch
(Fork) [Index No. 11-38-32-12] and its named tributaries from source to
Mulberry Creek were reclassified from Class B to Class B HQW;
(16) Brown Branch [Index No. 11-38-32-13] and
Moore Branch [Index No. 11-38-32-14] were reclassified from Class B to Class B
HQW; and
(17) Anderson Creek [Index
No. 11-38-32-16] was reclassified from Class C to Class C HQW.
(n) The Catawba River Basin
Classification Schedule was amended effective August 3, 1992 with the
reclassification of all water supply waters (waters with a primary
classification of 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 revised water supply
protection rules (15A NCAC 02B .0100,
02B .0200 and
02B .0300), which became
effective on August 3, 1992. In some cases, streams with primary
classifications other than WS were reclassified to a WS classification due to
their proximity and linkage to water supply waters. In other cases, waters were
reclassified from a WS classification to an alternate appropriate primary
classification after being identified as downstream of a water supply intake or
identified as not being used for water supply purposes.
(o) The Catawba River Basin Classification
Schedule was amended effective April 1, 1994 as follows:
(1) Friday Lake (Index No. 11-125.5) from its
source to Little Paw Creek was reclassified from Class C to Class B;
and
(2) The Linville River [Index
No. 12-29-(1)] from Grandmother Creek to Linville Falls was reclassified from
Class C Tr to Class B Tr.
(p) The Catawba River Basin Classification
Schedule was amended effective July 1, 1995 with the reclassification of Clark
Creek from a point 0.6 mile downstream of Catawba County SR 2014 to 0.4 mile
upstream of Larkard Creek [Index No. 11-129-5-(4.5)], and Howards Creek from
its source to 0.7 mile upstream of Lincoln County State Road 1200 [Index No.
11-129-4], including associated tributaries from Class WS-IV to Classes C and
WS-IV.
(q) The Catawba River Basin
Classification Schedule was amended effective September 1, 1996 as follows:
(1) North Fork Catawba River [Index No.
11-24-(1)] from Laurel Branch to Armstrong Creek from Class C Tr to Class B Tr;
and
(2) Catawba River (Lake
Hickory) from Rhodhiss dam to highway 321 [Index No. 11-(51)] from Class WS-IV
CA to Class WS-IV B CA.
(r) The Catawba River Basin Classification
Schedule was amended effective August 1, 1998 as follows:
(1) The primary classification for portions
of South Fork Catawba River [Index No. 11-129-(0.5)] and Hoyle Creek [Index No.
11-129-15-(1)] was reclassified from Class WS-IV to Class WS-V;
(2) Mill Creek [Index No. 11-7] from its
source to Swannanoa Creek, including all tributaries, from Class C Tr to Class
Tr HQW;
(3) Toms Creek [Index Nos.
11-21-(1) and 11-21-(2)] from its source to Harris Creek, including all
tributaries were reclassified from Class C Tr to Class Tr HQW; and
(4) Harris Creek to McDowell County SR 1434,
including all tributaries were reclassified from Class C to Class
HQW.
(s) The Catawba
River Basin Classification Schedule was amended effective April 1, 1999 as
follows:
(1) Portion of the Catawba River
[Index Nos. 11-(27.5) and 11-(31)] from Class WS-IV B and WS-IV to Class WS-V B
and WS-V;
(2) Armstrong Creek
[Index Nos. 11-24-14-(1), 11-24-14-(13.5) and 11-24-14-(14)], and all
tributaries from Classes WS-II Tr, WS-II, WS-II CA and C Tr to Classes C Tr HQW
and C HQW;
(3) Lookout Shoals Lake
from Oxford Dam to Island Creek [Index No. 11-(67)] from Class WS-V to Class
WS-IV CA, from Island Creek to Elk Shoal Creek [Index No. 11-(70.5)] from Class
WS-IV to Class WS-IV CA and from Elk Shoal Creek to a point one half mile
upstream of Lookout Shoals Dam [Index No. 11-(72)] from Class WS-IV B to Class
WS-IV B CA;
(4) The classifications
of tributary streams that are within five miles and draining to the normal pool
elevation of Lookout Shoals Lake (Protected Area) have been revised to Class
WS-IV; and
(5) The classifications
of tributary streams that are within one half mile and draining to the normal
pool elevation of Lookout Shoals Lake (Critical Area) have been revised to
Class WS-IV CA.
(t) The
Catawba River Basin Classification Schedule was amended August 1, 2000 with the
reclassification of Little Grassy Creek (Index No. 11-29-2), including all
tributaries, from its source to the Linville River from Class C Tr to Class C
Tr ORW.
(u) The Catawba River Basin
Classification Schedule was amended August 1, 2004 with the reclassification of
a segment of three surface waters, more specifically Henry Fork [11-129-1-(1)],
Jerry Branch [11-129-1-3-(1)], and He Creek [11-129-1-4-(1)], from source to a
formerly used City of Morganton Water Intake from Class WS-I ORW to Class WS-V
ORW.
(v) The Catawba River Basin
Classification Schedule was amended May 1, 2007 with the reclassification of
the Catawba River [Index No. 11-(31.5)] from a point 0.6 mile upstream of Muddy
Creek to a point 1.2 miles upstream of Canoe Creek from WS-IV to WS-IV Tr and
Catawba River [Index No. 11-(32.3)] from a point 1.2 miles upstream of Canoe
Creek to a point 0.7 mile upstream of Canoe Creek (Morganton water supply
intake) from WS-IV CA to WS-IV Tr CA. Named and unnamed tributaries to this
portion of the Catawba River are not classified as Trout. Between the last day
of May and the first day of November the water quality standard for dissolved
oxygen shall not be less than a daily average of 5.0 mg/l with a minimum
instantaneous value of not less than 4.0 mg/l.
(w) The Catawba River Basin Classification
Schedule was amended September 1, 2010 with the reclassification of the portion
of the Catawba River [Index No. 11-(1)], from its source to the Left Prong
Catawba River confluence, and its named tributaries, Chestnut Branch (Fork)
[Index No. 11-2], Clover Patch Branch [Index No. 11-3], Youngs Fork Creek
[Index No. 11-4], Spring Branch [Index No. 11-5], and Left Prong Catawba River
[Index No. 11-6] from Class C Tr to Class C Tr HQW.
(x) The Catawba River Basin Classification
Schedule was amended March 1, 2013 as follows:
(1) the portion of Maiden Creek [Index No.
11-129-5-7-2-(1)] from source to a point 0.7 mile upstream from backwaters of
Maiden Reservoir, and its named tributary, Bee Branch [Index No.
11-129-5-7-2-2], from Class WS-II HQW to WS-V;
(2) the portion of Maiden Creek [Index No.
11-129-5-7-2-(2.5)] from a point 0.7 mile upstream from backwaters of Maiden
Reservoir to dam at Maiden Reservoir from Class WS-II HQW CA to WS-V;
(3) the portion of Allen Creek [Index No.
11-129-5-7-2-4-(1)] from source to a point 0.7 mile upstream of Maiden water
supply intake from Class WS-II HQW to WS-V; and
(4) the portion of Allen Creek [Index No.
11-129-5-7-2-4-(2)] from a point 0.7 mile upstream of Maiden water supply
intake to Maiden water supply intake from Class WS-II HQW CA to WS-V.
(y) The Catawba River Basin
Classification Schedule was amended July 1, 2017 as follows:
(1) a portion of the Catawba River [Index No.
11-(23)], including tributaries, from Bridgewater Dam to North Fork Catawba
River from Class WS-V & B to Class WS-IV CA & B, and a portion of the
Catawba River [part of Index No. 11-(8)], including tributaries, from North
Fork Catawba River to a point 0.7 mile downstream of SR 1501 from Class C to
Class WS-IV CA. The CA extends 0.5 mile from and draining to the normal pool
elevation of Lake James.
(2) a
portion of the Catawba River [part of Index No. 11-(8)], including tributaries,
from a point 0.7 mile downstream of SR 1501 to a point 0.2 mile upstream of SR
1221 from Class C to Class WS-IV. The PA extends 5.0 miles from and draining to
the normal pool elevation of Lake James.
Authority
G.S.
143-214.1;
143-215.1;
143-215.3(a)(1);
Eff. February 1, 1976;
Amended Eff. July 1, 2017; March 1, 2013;
December 1, 2010; September 1, 2010; May 1, 2007; August 1, 2004; August 1,
2000; April 1, 1999; August 1, 1998; September 1, 1996; July 1, 1995; April 1,
1994; August 3, 1992; August 1, 1990;
Readopted Eff. November 1,
2019.
