Current through Register Vol. 39, No. 6, September 16, 2024
This Rule sets forth a process by which agricultural
operations in the Neuse River Basin will collectively limit their nitrogen
loading to the Neuse estuary, as set forth in in Rule .0710 of this Section.
Nothing in this Rule preempts the requirements of
15A NCAC
02B .0280 for agricultural operations subject
to the Falls Reservoir Nutrient Strategy.
(1) PURPOSE. The purpose of this Rule is to
maintain or exceed the percentage reduction goal defined in Rule .0710 of this
Section on the collective loss of nitrogen from agricultural operations as
defined in Item (2) of this Rule, as estimated by best available accounting
practices meeting the criteria set forth in Item (6) of this Rule from its
1991-1995 baseline level.
(a) PROCESS. This
Rule requires agricultural producers in the Basin to implement land management
practices that collectively, on a basin-wide basis, will achieve the nutrient
goals.
(b) LIMITATION. This Rule
may not fully address the agricultural nitrogen reduction goal of the Neuse
Nutrient Sensitive Waters Strategy in that it does not address atmospheric
sources of nitrogen to the Basin, including atmospheric emissions of ammonia
from sources located both within and outside of the Basin, and the Commission
may undertake separate rule making to address atmospheric sources at a later
date.
(2) AGRICULTURAL
OPERATIONS DEFINED. For the purposes of this Rule, "agricultural operations,"
are activities, and "agricultural producers" are persons engaging in those
activities, that relate to any of the following pursuits:
(a) The commercial production of crops or
horticultural products other than trees. As used in this Rule, "commercial"
shall mean activities conducted primarily for financial profit.
(b) Research activities in support of
commercial production.
(c) The
production or management of any of the following number of livestock or poultry
at any time, excluding nursing young:
(i) 5 or
more horses;
(ii) 20 or more
cattle;
(iii) 20 or more swine not
kept in a feedlot, or 150 or more swine kept in a feedlot;
(iv) 120 or more sheep;
(v) 130 or more goats;
(vi) 650 or more turkeys;
(vii) 3,500 or more chickens; or
(viii) Any single species of any other
livestock or poultry, or any combination of species of livestock or poultry
that exceeds 20,000 pounds of live weight at any time.
(3) APPLICABILITY. This Rule shall
apply to all agricultural producers engaging in agricultural operations in the
geographic area subject to the Neuse nutrient strategy as described in Rule
.0710 of this Section. This Rule applies to livestock and poultry operations
set forth in Sub-Item (2)(c) of this Rule in addition to requirements for
animal operations set forth in general permits issued pursuant to
G.S.
143-215.10C. Nothing in this Rule shall be
deemed to allow the violation of any assigned surface water, groundwater, or
air quality standard by any agricultural operation, including any livestock or
poultry operation below the size thresholds in this Item.
(4) IMPLEMENTATION PROCESS. A Basin Oversight
Committee, as set forth in Item (5) of this Rule, and county-level Local
Advisory Committees, as set forth in Item (7) of this Rule, shall coordinate
activities and account for progress. Accounting for nitrogen load-reducing
actions on agricultural operations within the basin shall follow requirements
set forth in Item (6) of this Rule. Agricultural producers may be eligible to
obtain cost share and technical assistance from the NC Agriculture Cost Share
Program and similar federal programs to contribute to their counties' ongoing
nitrogen reductions. Committee activity shall be guided by the following:
(a) OPTIONS FOR INDIVIDUAL OPERATIONS.
Agricultural producers subject to this Rule may elect to implement practices
meeting the standards identified in Item (8) of this Rule that contribute to
maintenance of collective local compliance with the goal identified in Item (1)
of this Rule, but are not required to implement any specific practices provided
their basin collectively maintains compliance with the goal.
(b) MAINTENANCE OF GOAL. Accounting shall
annually demonstrate maintenance or exceedence of the nitrogen reduction goal
on a basin basis. Where three sequential annual reports show that the basin did
not meet its nitrogen reduction goal, the Basin Oversight Committee shall work
with the Division of Soil and Water Conservation and Local Advisory Committees,
particularly those representing counties not meeting the goals, to seek
reduction actions by operations to bring agriculture collectively back into
compliance, and shall report on their efforts in subsequent annual reports.
Should subsequent annual reports not reverse the trend of noncompliance, the
Commission may conduct additional rulemaking to require a more specific
implementation plan from the Basin Oversight Committee, which may include an
assessment of need for specific action by the Commission.
(5) BASIN OVERSIGHT COMMITTEE. The Basin
Oversight Committee shall have the following membership, role, and
responsibilities:
(a) MEMBERSHIP. The Director
of the Division of Water Resources shall be responsible for maintaining the
following membership composition. Until such time as the Commission determines
that long-term compliance with this Rule is assured, the Director shall solicit
one nomination for membership on this Committee from each agency or interest in
Sub-Items (a)(i) through (a)(viii) of this Item. The Director shall confirm
nominees in writing or request alternative nominations. The Director may
appoint a replacement at any time for an interest in Sub-Items (a)(vi) through
(a)(viii) of this Item upon request of representatives of that interest or by
the request of the Commissioner of Agriculture for Sub-Item (vii):
(i) Division of Soil and Water
Conservation;
(ii) United States
Department of Agriculture- Natural Resources Conservation Service (shall serve
in an "ex-officio" non-voting capacity and shall function as a technical
program advisor to the Committee);
(iii) North Carolina Department of
Agriculture and Consumer Services;
(iv) North Carolina Cooperative Extension
Service;
(v) Division of Water
Resources;
(vi) Up to two
environmental interests;
(vii) Up
to two general farming interest; and
(viii) Scientific community with experience
related to water quality problems in the Neuse River Basin.
(b) ROLE. The Basin Oversight
Committee shall:
(i) Continue to review,
approve, and summarize local nitrogen loss annual reports to ensure ongoing
implementation of the accounting method approved by the Commission under the
original version of this Rule effective August 1998, as conforming to the
requirements of Item (6) of this Rule. The Committee shall submit these reports
as initiated in 2002, to the Director;
(ii) Take actions set forth in Sub-Item
(4)(b) of this Rule to address maintenance of the nitrogen reduction goal;
and
(iii) Identify and implement
refinements to the accounting methodology to reflect advances in scientific
understanding, including establishment or refinement of nutrient reduction
efficiencies for BMPs.
(6) ACCOUNTING METHODOLOGY. The requirements
of Item (1) of this Rule shall be gauged by estimating percentage changes in
nitrogen loss from agricultural operations in the Neuse Basin. The Basin
Oversight Committee shall develop, maintain, and update as set forth in this
Item, accounting methods that meet the following requirements:
(a) The nitrogen method shall estimate
baseline and annual total nitrogen losses from agricultural operations in each
county and for the entire Neuse Basin;
(b) The nitrogen method shall include a means
of tracking implementation of BMPs, including number, type, and area
affected;
(c) The nitrogen method
shall include a means of estimating incremental nitrogen loss reductions from
implementation of BMPs that conform to requirements of Item (8) of this Rule
and of evaluating progress toward and maintenance of the nutrient goal from
changes in BMP implementation, fertilization, and changes in individual crop
acres; and
(d) The nitrogen method
shall be refined as research and technical advances allow.
(7) LOCAL ADVISORY COMMITTEES. The Directors
of the Division of Water Resources and Division of Soil and Water Conservation
shall maintain Local Advisory Committees initially established in February and
March, 1999, as follows:
(a) MEMBERSHIP. For
each county or watershed specified by the Basin Oversight Committee within the
Neuse River Basin, the Directors shall jointly maintain membership on the Local
Advisory Committee from each of the following local entities.
(i) Soil and Water Conservation
District;
(ii) United States
Department of Agriculture- Natural Resources Conservation Service;
(iii) North Carolina Department of
Agriculture;
(iv) North Carolina
Cooperative Extension Service;
(v)
North Carolina Division of Soil and Water Conservation; and
(vi) At least two agricultural producers that
reside in the county.
(b) ROLE. Local Advisory Committees shall:
(i) Continue to submit annual reports to the
Basin Oversight Committee estimating total crop production on agricultural
operations for the preceding calendar year, summarizing land use changes in the
county and making recommendations to the Basin Oversight Committee on the need
for updates to the accounting methodology. Reports shall include documentation
on the BMPs implemented, including type and location, that satisfy the
requirements in Item (8) of this Rule and documentation of any expired
contracts for BMPs; and
(ii) Take
actions called for under Sub-Item (4)(b) of this Rule to address maintenance of
the nitrogen reduction goal.
(8) PRACTICE STANDARDS. To receive nutrient
reduction credit, a BMP shall be included in the accounting method set forth in
Item (6) of this Rule, or in a subsequent revision to that method identified in
annual reporting, and it shall be implemented according to the applicable
nutrient-related standards identified by the Basin Oversight Committee and
established by the NC Soil and Water Conservation Commission or the
USDA-Natural Resources Conservation Service in North Carolina.
Authority
G.S.
143-214.1;
143-214.7;
143-215.3(a)(1);
Eff. August 1, 1998;
Recodified from
15A NCAC
02B .0238 Eff. April 1, 2020;
Readopted Eff. April 1, 2020.
