Current through Register Vol. 39, No. 6, September 16, 2024
(a) Permits are not
required for surface water use under Section .0500 of this Subchapter in the
Central Coastal Plain Capacity Use Area as delineated in Rule .0501 of this
Section.
(b) No person shall
withdraw ground water in excess of 100,000 gallons per day by a well, group of
wells operated as a system, or sump for any purpose unless he or she obtains a
water use permit from the Director.
(c) Ground water withdrawals shall be
governed by the following standards:
(1)
Adverse impacts of ground water withdrawals shall be avoided or minimized.
Adverse impacts include, but are not limited to:
(A) dewatering of aquifers;
(B) encroachment of salt water;
(C) land subsidence or sinkhole development;
or
(D) declines in aquifer water
levels that indicate that aggregate water use exceeds the aquifer replenishment
rate.
(2) Adverse
impacts on other water users from ground water withdrawals shall be corrected
or minimized through efficient use of water and development of sustainable
water sources.
(3) In determining
the importance and necessity of a proposed withdrawal the efficiency of water
use and implementation of conservation measures shall be considered.
(d) An application for a water use
permit must be submitted on a form to the North Carolina Division of Water
Resources. The application shall describe the purpose or purposes for which
water shall be used, shall set forth the method and location of withdrawals,
shall justify the quantities needed, and shall document water conservation
measures to be used by the applicant to ensure efficient use of water and
avoidance of waste. Any other information necessary to determine whether to
grant or deny an application as requested by the Division shall be submitted to
the Division within 30 days of the request. Withdrawal permit applications
shall include the following information:
(1)
location by latitude and longitude of all wells to be used for withdrawal of
water and all other wells within 1500 feet of the applicant's wells;
(2) specifications for design and
construction of existing and proposed production and monitoring wells including
well diameter, total depth of well, depths of all open hole or screened
intervals that will yield water to the well, depth of pump intake(s), size,
capacity, and type of pump, depth to gravel pack, and depth measurements shall
be within accuracy limits of plus or minus 0.10 feet and referenced to a known
land surface elevation; exceptions may be made where specific items of
information are not critical, as determined by the Director based upon site
specific conditions, to manage the ground water resource;
(3) withdrawal permit applications for use of
ground water from the Cretaceous aquifer system shall be reviewed protecting
the Cretaceous aquifer system zones. Cretaceous aquifer system wells shall be
identified using the specifications in Rule .0502(d)(1) and .0502(d)(2) of this
Section and the hydrogeological framework;
(4) withdrawal permit applications for
dewatering of mines, pits, or quarries shall include a dewatering or
depressurization plan that includes:
(A) the
current withdrawal rate or estimates of the proposed withdrawal rate;
(B) the location, designs, and specifications
of any sumps, drains, or other withdrawal sources including wells and
trenches;
(C) the lateral extent
and depth of the zone(s) to be dewatered or depressurized;
(D) location by latitude and longitude of all
wells within 1500 feet of the excavation boundary;
(E) a monitoring plan that provides data to
delineate the nature and extent of dewatering or depressurization;
and
(F) certification of all
engineering plans and hydrogeological analyses prepared to meet these
requirements consistent with professional licensing board statutes and rules
governing such activities.
Exceptions may be made where specific items of information
are not critical, as determined by the Director based upon site specific
conditions, to manage the ground water resource; and
(5) the applicant shall provide
information on existing conservation measures and conservation measures to be
implemented during the permit period as follows:
(A) Public water supply systems shall develop
and implement a water conservation plan incorporating, at a minimum, the
following components. Each component shall be described, including a timetable
for implementing each component that does not already exist.
(i) adoption of a water conservation-based
rate structure, such as flat rates, increasing block rates, seasonal rates, or
quantity-based surcharges;
(ii)
implementation of a water loss reduction program if unaccounted for water is
greater than 15 percent of the total amount produced, as documented annually
using a water audit. Water loss reduction programs shall consist of annual
water audits, in-field leak detection, and leak repair;
(iii) adoption of a water conservation
ordinance for irrigation, such as time-of-day and day-of-week restrictions on
lawn and ornamental irrigation or automatic irrigation system shut-off
devices;
(iv) implementation of a
retrofit program that makes available indoor water conservation devices to
customers, such as showerheads, toilet flappers, and faucet aerators;
(v) implementation of a public education
program, such as water bill inserts, school and civic presentations, water
treatment plant tours, and public services announcements; and
(vi) evaluation of the feasibility of water
reuse as a means of conservation, where applicable.
(B) Users of water for commercial purposes,
other than irrigation of crops and forestry stock, shall develop and implement
a water conservation plan as follows:
(i) an
audit of water use by type of activity, such as process make up water and
non-contact cooling water, including existing and potential conservation and
reuse measures for each type of water use; and
(ii) an implementation schedule for feasible
measures identified in the above item for conservation and reuse of water at
the facility.
(C) Users
of water for irrigation of crops and forestry stock shall provide the following
information:
(i) total acreage with irrigation
available;
(ii) types of crops that
may be irrigated;
(iii) method of
irrigation such as wells that supply water to canals, ditches or central pivot
systems or any other irrigation method using ground water); and
(iv) a statement that the applicant uses
conservation practice standards for irrigation as defined by the Natural
Resources Conservation Service.
(6) if an applicant intends to operate an
aquifer storage and recovery program (ASR), the applicant shall provide
information on the storage zone, including the depth interval of the storage
zone, lateral extent of the projected storage area, construction details of
wells used for injection and withdrawal of water, and performance of the ASR
program.
(e) Persons
holding a permit shall submit signed water usage and water level reports to the
Director not later than 30 days after the end of each permit reporting period
as specified in the permit. Monitoring report requirements shall include:
(1) amounts of daily withdrawal from each
well;
(2) pumping and static water
levels for each supply well as measured with a steel or electric tape, or an
alternative method as specified in the permit, at time intervals specified in
the permit;
(3) static water levels
in observation wells at time intervals specified in the permit;
(4) annual sampling by applicants located in
the salt water encroachment zone and chloride concentration analysis by a State
certified laboratory; and
(5) any
other information the Director determines to be pertinent and necessary to the
evaluation of the effects of withdrawals during the application review
process.
(f) Water use
permit holders shall not add new wells without prior approval from the Director
through a permit modification.
(g)
The Director may require permit holders to construct observation wells to
observe water level and water quality conditions before and after water
withdrawals begin if there are concerns about adverse impacts to the aquifer
based on the withdrawal amount and location. Aquifer monitoring may be
necessary to assess the impact of the withdrawal on the aquifer.
(h) For all water uses other than dewatering
of mines, pits, or quarries, withdrawals shall be permitted only from wells
that are constructed such that the pump intake or intakes are at a shallower
depth than the top of the uppermost confined aquifer that yields water to the
well. Confined aquifer tops are established in the hydrogeological framework.
Where wells in existence as of August 1, 2002 are not in compliance with the
requirements of this provision, the permit shall include a compliance schedule
for retrofitting or replacement of non-compliant wells. Withdrawals from
unconfined aquifers shall not lower the water table by an amount large enough
to decrease the effective thickness of the unconfined aquifer by more than 50
percent.
(i) For withdrawals to
dewater mines, pits, or quarries, the permit shall delimit the extent of the
area and depths of the aquifer(s) to be dewatered or depressurized. Maximum
withdrawal rates and the permissible extent of dewatering or depressurization
shall be determined by the Director using data provided by the applicant, data
related to permits under
G.S.
74-50, and other publicly available
information. Withdrawal rates that do not cause adverse impacts, as defined in
Paragraph (c) of this Rule, shall be approved.
(j) Withdrawals of water that cause changes
in water quality such that the available uses of the resource are adversely
impacted, by dewatering or salt water encroachment, shall not be
permitted.
(k) General permits may
be developed by the Division and issued by the Director for categories of
withdrawal that involve the same or substantially similar operations, have
similar withdrawal characteristics, require the same limitations or operating
conditions, and require similar monitoring.
(l) Permitted water users may withdraw and
sell or transfer water to other users provided that their permitted withdrawal
limits are not exceeded.
(m) A
permitted water user may sell or transfer to other users a portion of his
permitted withdrawal. To carry out such a transfer, the original permittee must
request a permit modification to reduce his permitted withdrawal and the
proposed recipient of the transfer must apply for a new or amended withdrawal
permit.
(n) The Director shall
issue a temporary permit when the following conditions are met:
(1) an applicant or permit holder
demonstrates that compliance with water withdrawal limits established pursuant
to this Section is not possible because of construction schedules, requirements
of other laws, or other reasons beyond the control of the applicant or permit
holder;
(2) the applicant or permit
holder has made efforts to conserve water and develop other water sources;
and
(3) the applicant or permit
holder provides data from monitoring wells that support a higher withdrawal
rate which does not exceed the recharge rate.
Authority
G.S.
143-215.14;
143-215.15;
143-215.16;
Eff.
August 1, 2002;
Readopted Eff. January 1,
2022.
