NC Register Volume 16 Issue 15 - Office of Administrative Hearings

Person CountyPitt CountyVance CountyWarren CountyWashington CountyWilson County(2) North Carolina Department of Environment,Health, and Natural Resources:(A) Raleigh Regional Office3800 Barrett Drive(B)Raleigh, North CarolinaWashington Regional Office943 Washington Square MallWashington, North Carolina.(b) Unnamed Streams. All drainage canals not noted in theschedule are classified "C Sw," except the main drainage canalsto Pamlico Sound and its bays which shall be classified "SC."(c) The Tar-Pamlico River Basin Schedule of Classification andWater Quality Standards was amended effective:(1) March 1, 1977;(2) November 1, 1978;(3) June 8, 1980;(4) October 1, 1983;(5) June 1, 1984;(6) August 1, 1985;(7) February 1, 1986;(8) August 1, 1988;(9) January 1, 1990;(10) August 1, 1990;(11) August 3, 1992;(12) April 1, 1994;(13) January 1, 1996;(14) September 1, 1996;(15) April 1, 2003.(d) The Schedule of Classifications and Water QualityStandards for the Tar-Pamlico River Basin has been amendedeffective August 1, 1988 as follows:(1) Tar River (Index No. 28-94) from a point 1.2miles downstream of Broad Run to theupstream side of Tranters Creek from Class Cto Class B.(e) The Schedule of Classifications and Water QualityStandards for the Tar-Pamlico River Basin has been amendedeffective January 1, 1990 by the reclassification of PamlicoRiver and Pamlico Sound [Index No. 29-(27)] which includes allwaters within a line beginning at Juniper Bay Point and runningdue south to Lat. 35° 18' 00", long. 76° 13' 20", thence due westto lat. 35° 18' 00", long 76° 20' 00", thence northwest to ShellPoint and including Shell Bay, Swanquarter and Juniper Baysand their tributaries, but excluding the Blowout, HydelandCanal, Juniper Canal and Quarter Canal were reclassified fromClass SA and SC to SA ORW and SC ORW.(f) The Schedule of Classifications and Water Quality Standardsfor the Tar-Pamlico River Basin has been amended effectiveJanuary 1, 1990 by adding the supplemental classification NSW(Nutrient Sensitive Waters) to all waters in the basin from sourceto a line across Pamlico River from Roos Point to PersimmonTree Point.(g) The Schedule of Classifications and Water QualityStandards for the Tar-Pamlico River Basin was amendedeffective August 3, 1992 with the reclassification of all waterPROPOSED RULES16:15 NORTH CAROLINA REGISTER February 1, 20021658supply 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 watersupply protection rules, (15A NCAC 02B .0100, .0200 and.0300) which became effective on August 3, 1992. In somecases, streams with primary classifications other than WS werereclassified to a WS classification due to their proximity andlinkage to water supply waters. In other cases, waters werereclassified from a WS classification to an alternate appropriateprimary classification after being identified as downstream of awater supply intake or identified as not being used for watersupply purposes.(h) The Schedule of Classifications and Water QualityStandards for the Tar-Pamlico River Basin was amendedeffective April 1, 1994 with the reclassification of Blounts Creekfrom Herring Run to Blounts Bay [Index No. 29-9-1-(3)] fromClass SC NSW to Class SB NSW.(i) The Schedule of Classifications and Water Quality Standardsfor the Tar-Pamlico River Basin was amended effective January1, 1996 with the reclassification of Tranters Creek [IndexNumbers 28-103- (4.5), 28-103- (13.5), 28-103- (14.5) and28-103-(16.5)] from a point 1.5 miles upstream of TurkeySwamp to the City of Washington's former auxiliary watersupply intake, including tributaries, from Class WS-IV Sw NSWand Class WS-IV CA Sw NSW to Class C Sw NSW.(j) The Schedule of Classifications and Water Quality Standardsfor the Tar-Pamlico River Basin was amended effectiveSeptember 1, 1996 with the addition of Huddles Cut (previouslyunnamed in the schedule) classified as SC NSW with an IndexNo. of 29-25.5.(k) The Schedule of Classifications and Water QualityStandards for the Tar-Pamlico River Basin was amendedeffective April 1, 2003 with the reclassification of a portion ofSwift Creek [Index Number 28-78-(0.5)] from Nash County SR1004 to Nash County SR 1003 from Class C NSW to Class CORW NSW, and the remainder of the creek's watershed toinclude only the ORW management strategy as represented by"+". The "+" symbol as used in this Paragraph means that allundesignated waterbodies that are located within the Swift Creekwatershed shall comply with Paragraph (c) of Rule .0225 of thisSubchapter in order to protect the designated waters as per Rule.0203 of this Subchapter and to protect outstanding resourcevalues found throughout the watershed.Authority G.S. 143-214.1; 143-215.1; 143-215.3(a)(1).* * * * * * * * * * * * * * * * * * * *Notice 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 .0303. Notice of RulemakingProceedings was published in the Register on October15, 2001.Proposed Effective Date: April 1, 2003Public Hearing:Date: May 2, 2002Time: 6:30 p.m.Location: Swain County Administrative Building (courtroom),101 Mitchell Street, Bryson City, NC