NC Register Volume 16 Issue 15 - Office of Administrative Hearings

Authority G.S. 95-133; 150B-21.6.TITLE 15A – DEPARTMENT OF ENVIRONMENT ANDNATURAL RESOURCESNotice is hereby given in accordance with G.S. 150B-21.2 thatthe DENR – Environmental Management Commission intends toamend the rules cited as 15A NCAC 02B .0225, .0316. Notice ofRule-making Proceedings was published in the Register onOctober 15, 2001.Proposed Effective Date: April 1, 2003Public Hearing:Date: February 21, 2002Time: 7:00 p.m.Location: Nash Community College, 522 North Old CarriageRoad, Rocky Mount, NCReason for Proposed Action: The Pamlico-Tar RiverFoundation requested that Swift Creek (Edgecombe, Franklin,Nash, Vance and Warren Counties) in the Tar-Pamlico RiverBasin be reclassified to Outstanding Resource Waters (ORW).The purpose of this Rule change is to provide supplementaryprotection for the resources and quality of these waters. Waterquality studies that were conducted in 1996 and 1997 indicatedthat only an approximately 14-mile segment of Swift Creek,which traverses from S.R. 1003 to S.R. 1004 in Nash County, hasexcellent water quality. In addition, other information fromthese studies combined with additional data revealed that thissegment contains a number of important animal species. Withinthis segment, there are salamander, fish, insect, and musselspecies that carry a variety of State and federal designations. Inaddition, this segment contains the Tar River spiny mussel,which is a federally and State listed endangered species.Therefore, based on the water quality and existing resourcevalues, this segment of the Swift Creek qualifies for the ORWdesignation. The remainder of the Swift Creek watershed alsocontains several important resource values. This area containsall but two of the species previously discussed plus additionalfish, crayfish, mussel and plant species that carry varying Stateand federal designations. In addition, the red cockadedwoodpecker and dwarf wedgemussel are federally (and in thecase of the woodpecker also State) listed as endangered.Furthermore, three natural heritage areas of regional or statesignificance, four natural communities recognized by theNatural Heritage Program, a wading bird rookery, and anatural area registered with the Natural Heritage Program arelocated in this area. This entire watershed is recognized for itsexceptional State and national ecological significance via theabove-mentioned species and State designated natural area.Therefore, in addition to providing the ORW designation to the14-mile segment of Swift Creek with excellent water quality, it isproposed that the ORW special protection measures, ormanagement strategy, be implemented throughout the entirewatershed. This proposal will provide a higher level ofprotection of the excellent water quality in the 14-mile segmentand the outstanding resource values found throughout thewatershed. Thus, the 14-mile segment is proposed to receiveboth the ORW classification and the ORW management strategy,PROPOSED RULESand the remainder of the watershed is proposed to receive theORW management strategy without the ORW classification.Nearly 207 river miles exist within the area proposed forreclassification. If reclassified, regulations that affectdevelopment activities, new and expansions of wastewaterdischargers, new landfills, and DOT activities would apply.However, there are no proposed discharges and no proposedsignificant development according to staff of local governmentswith jurisdiction in portions of the proposed reclassificationarea (Whitakers, Leggett, Rocky Mount, Henderson, Red Oak,Castalia, Dortches, and Centerville). Forestry, animal, andagricultural practices will not be affected. Please also note thatall new activities within 50 feet of NSW waters in the Tar-Pamlico River Basin are subject to the currently existing Tar-Pamlico Basin Riparian Buffer Protection rules.16:15 NORTH CAROLINA REGISTER February 1, 20021653Comment Procedures: The purpose of this announcement is toencourage those interested in this proposal to providecomments. The EMC is very interested in all commentspertaining to the proposed reclassification. It is very importantthat all interested and potentially affected persons or partiesmake their views known to the EMC whether in favor of oropposed to any and all provisions of the proposedreclassification. You may attend the public hearing and makerelevant verbal comments. The Hearing Officer may limit thelength of time that you may speak at the public hearing, ifnecessary, so that all those who wish to speak may have anopportunity to do so. You may also submit written comments,data or other relevant information by March 21, 2002. Writtencomments may be submitted to: Elizabeth Kountis,DENR/Division of Water Quality, Planning Branch, 1617 MailService Center, Raleigh, NC 27699-1617,elizabeth.kountis@ncmail.net, or by calling Elizabeth Kountis at(919) 733-5083 extension 369.Fiscal ImpactStateLocalSubstantive (>$5,000,000)NoneCHAPTER 02 – ENVIRONMENTAL MANAGEMENTSUBCHAPTER 02B – SURFACE WATER ANDWETLAND STANDARDSSECTION .0200 - CLASSIFICATIONS AND WATERQUALITY STANDARDS APPLICABLE TO SURFACEWATERS AND WETLANDS OF NORTH CAROLINA15A NCAC 02B .0225 OUTSTANDING RESOURCEWATERS(a) General In addition to the existing classifications, theCommission may classify unique and special surface waters ofthe state as outstanding resource waters (ORW) upon findingthat such waters are of exceptional state or national recreationalor ecological significance and that the waters have exceptionalwater quality while meeting the following conditions:(1) that the water quality is rated as excellentbased on physical, chemical or biologicalinformation;