NC Register Volume 16 Issue 15 - Office of Administrative Hearings

Reason for Proposed Action: Asheville Regional Office DWQstaff requested reclassification of a section of the LittleTennessee River (Swain and Macon Counties; Little TennesseeRiver Basin) from Class C to Class B (Primary Recreation). Thisproposed reclassification consists of the main stem of the LittleTennessee River from approximately 0.4 miles upstream of theHighway 28 bridge (near Iotla, NC) to the Nantahala River Armof Fontana Lake. Nearly 25 river miles are proposed to bereclassified. The purpose of this Rule change is to protect theexisting waters’ primary recreation uses. Primary recreationmeans swimming, skin diving, water skiing, and similar usesinvolving human body contact with water where such activitiestake place in an organized or on a frequent basis. The entiresection of the main stem of the Little Tennessee River proposedfor reclassification is used for swimming as well as canoeingand kayaking. There are a number of access points along thissection of the river. Usage gets progressively heavier as onetravels the segment downstream (towards Fontana Lake). Theportion of the river inundated by the lake is used for water skiingas well as swimming. Water quality studies conducted in May2001 show that the waters proposed to be reclassified meetClass B criteria. If reclassified, new NPDES wastewaterdischarges to these waters will need to comply with reliabilitystandards; these standards require facilities to insure continuedtreatment of wastewater during instances of power failure. Inaddition, new NPDES permitted discharges that contain fecalcoliform will be required to have a fecal limit. However, thereare no current dischargers in the waters proposed to bereclassified. In addition, there is only one planned dischargerinto the proposed waters that already meets Class Brequirements. Forestry, animal, mining, development, andfarming practices will not be affected.Comment 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 May 30, 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 MANAGEMENTPROPOSED RULES16:15 NORTH CAROLINA REGISTER February 1, 20021659SUBCHAPTER 02B – SURFACE WATER ANDWETLAND STANDARDSSECTION .0300 – ASSIGNMENT OF STREAMCLASSIFICATIONS15A NCAC 02B .0303 LITTLE TENN RIVER BASINAND SAVANNAH RIVER DRAINAGE AREA(a) The schedule may be inspected at the following places:(1) Clerk of Court:Clay CountyGraham CountyJackson CountyMacon CountySwain CountyTransylvania County(2) North Carolina Department of Environmentand Natural ResourcesAsheville Regional OfficeInterchange Building59 Woodfin PlaceAsheville, North Carolina.(b) Unnamed Streams. Such streams entering Georgia orTennessee shall be classified "C Tr." Such streams in theSavannah River drainage area entering South Carolina shall beclassified "B Tr."(c) The Little Tennessee River Basin and Savannah RiverDrainage Area Schedule of Classifications and Water QualityStandards was amended effective:(1) February 16, 1977;(2) March 1, 1977;(3) July 13, 1980;(4) February 1, 1986;(5) October 1, 1987;(6) March 1, 1989;(7) January 1, 1990;(8) July 1, 1990;(9) August 1, 1990;(10) March 1, 1991;(11) August 3, 1992;(12) February 1, 1993;(13) August 1,1994;(14) September 1, 1996;(15) August 1, 1998;(16) August 12000;(17) April 1, 2003.(d) The Schedule of Classifications of Water Quality Standardsfor the Little Tennessee Basin and Savannah River DrainageArea was amended effective March 1, 1989 as follows:(1) Nantahala River (Index No. 2-57) from sourceto the backwaters of Nantahala Lake and alltributary waters were reclassified from ClassB-trout, Class C-trout and Class C to ClassB-trout ORW, Class C-trout ORW and Class CORW.(2) Chattooga River (Index No. 3) includingScotsman Creek, Overflow Creek, Big Creek,Talley Mill Creek and all tributary waters werereclassified from Class B-trout, Class C-troutand Class C to Class B-trout ORW, ClassC-trout ORW and Class C ORW and Clear