15A NCAC 01C .0103       DEFINITIONS

The definition of any word or phrase used in rules of this Subchapter is the same as given in G.S. 113A-9 and in 1 NCAC 25, including subsequent amendments and editions.  The following words and phrases have the following meaning.

(1)           "Agency" means the Divisions and Offices of DENR, as well as the boards, commissions, committees, and councils of DENR having decision‑making authority and adopting these rules by reference; except where the context clearly indicates otherwise.

(2)           "Channel Disturbance" means activities that permanently remove or degrade the natural functions of the stream such as culverting, relocation, channelization or streambank stabilization methods including gabions, rip rap or similar hard structures.

(3)           "Cumulative Impacts" mean environmental impacts resulting from incremental effects of an activity when added to other past, present, and reasonably foreseeable future activities regardless of what entities undertake such other actions.  Cumulative impacts are the reasonably foreseeable impacts from individually minor but collectively significant activities.

(4)           "Direct Impacts" mean environmental impacts which are caused by an activity and occurring at the same time and place.

(5)           "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking or placing of any waste into or on any land or water so that the waste or any constituent part of the waste may enter the environment or be emitted into the air or discharged into any waters, including groundwaters, or beneath or on the surface of the land.

(6)           "Ecosystem" means all the interrelated organisms and their environment within a defined area.

(7)           "Forestry Management Plan" means a document that guides the practical and sustainable application of biological, physical, quantitative, managerial, economic, social and policy principles to the regeneration, management, utilization and conservation of forests to meet specified goals and objectives while maintaining the productivity of the forest.  Forest management includes management for aesthetics, fish, recreation, urban values, water, wilderness, wildlife, wood products and other forest resource values. 

(8)           "Hazardous Waste" means a waste, or combination of wastes, in any state or form including gas, liquid or solid, that because of its quantity, concentration or physical, chemical or infectious characteristics may cause or contribute to an increase in mortality or an increase in irreversible or incapacitating reversible illness, or pose a present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.

(9)           "High Quality Waters (HQW)" means a subset of waters with quality higher than the existing classification standards.  These include those rated as excellent based on biological and physical/chemical characteristics through Division of Water Quality monitoring or special studies; native and special native trout waters (and their tributaries) designated by the Wildlife Resources Commission; primary nursery areas (PNA) designated by the Marine Fisheries Commission and other functional nursery areas designated by the Marine Fisheries Commission; all water supply watersheds which are either classified as WS-I or WS-II or those for which a formal petition for reclassification as WS-I or WS-II has been received from the appropriate local government and accepted by the Division of Water Quality; and all Class SA waters.

(10)         "Inlet" means a waterway between islands connecting a lagoon, estuary, sound or similar water body with the ocean.

(11)         "Instream Flow" means the amount of water needed in a stream to adequately provide for downstream uses occurring within the stream channel, including some or all of the following: aquatic habitat, recreation, wetlands maintenance, navigation, hydropower, riparian vegetation, and water quality.

(12)         "Land-Disturbing Activity" means any use of the land by any person in residential, industrial, educational, institutional or commercial development, highway and road construction and maintenance that results in a change in the natural cover or topography and that may cause or contribute to sedimentation.

(13)         "Lead Agency" means the agency or agencies preparing or having taken primary responsibility for preparing an environmental document.  The lead agency is a sub-agency of the state project agency. 

(14)         "Non‑State Entity" means local governments, special purpose units of government, contractors, and individuals or corporations to whom NCEPA may apply.

(15)         "Perennial Stream" means a channel that contains water year round during a year of normal rainfall with the aquatic bed located below the water table for most of the year.  Groundwater is the primary source of water for a perennial stream, but it also carries stormwater runoff.  A perennial stream exhibits the typical biological, hydrological, and physical characteristics commonly associated with the continuous conveyance of water.

(16)         "Prime agricultural and forest land" means lands which possess the best combination of physical and chemical characteristics for producing food, feed, fiber (including forest products), forage, oilseed, and other agricultural products (including livestock), without intolerable soil erosion.  This does not apply to lands which are already in or committed to development projects such as water impoundment, transportation, and urban development.

(17)         "Reclaimed Water Utilization" means the use of reclaimed water that meets the criteria provided in 15A NCAC 02H .0219(k) for beneficial uses in lieu of water from other sources.

(18)         "Resource" means any natural product or value, not necessarily economic, but including trees, minerals, wildlife, clean air and water, fisheries, ecosystems, landscapes and open space.

(19)         "River Basin" means the watershed of a major river system.

(20)         "Secondary Impacts" mean indirect impacts caused by and resulting from a specific activity that occur later in time or further removed in distance than direct impacts, but are reasonably foreseeable.  Indirect impacts may include growth inducing effects and other effects related to induced changes in the pattern of land use, population density or growth rate, and related effects on air and water and other natural systems, including ecosystems.

(21)         "Secretary" means the Secretary of DENR.

(22)         "State Project Agency" means the state department or council of state agency which has been designated pursuant to 1 NCAC 25 .0210(a) for ensuring compliance with NCEPA.

(23)         "Stream Enhancement" means the process of implementing stream rehabilitation practices in order to improve water quality or ecological function.  These practices are typically conducted on the stream bank or in the flood prone area.  Enhancement activities may also include the placement of in-stream habitat structures.

(24)         "Stream Restoration" means the process of converting an unstable, altered or degraded stream corridor, including adjacent riparian zone and flood prone areas to its natural or referenced, stable conditions considering recent and future watershed conditions.  This process also includes restoring the geomorphic dimension, pattern and profile as well as biological and chemical integrity, including transport of water and sediment produced by the stream's watershed in order to achieve dynamic equilibrium.

(25)         "Total Design Withdrawal" means the pumping rate at which water can be removed from the contributing stream.  It is the sum of any pre-existing withdrawal capacity plus any withdrawal increase.

(26)         "Wetlands" mean "wetlands" as defined in 15A NCAC 02B .0202.


History Note:        Authority G.S. 113A‑2; 113A‑6; 113A‑9; 143B‑10;

Eff. April 1, 2003.