SUBCHAPTER 2G ‑ WATER RESOURCES PROGRAMS

SECTION .0100 ‑ STATE PARTICIPATION IN WATER RESOURCES PROJECTS

15A NCAC 02G .0101 PREAMBLE

History Note: Authority G.S. 143‑215.70 through 143‑215.73; 143‑355;

Eff. February 1, 1976;

Amended Eff. April 1, 1983;

Repealed Eff. October 1, 1984.

15A NCAC 02G .0102 PROJECT ELIGIBILITY

The following types of water resource development projects are eligible for state cost‑sharing by the Department of Environment, Health, and Natural Resources (department):

(1) general navigation improvement;

(2) recreational navigation improvement;

(3) water management (flood control and drainage);

(4) stream restoration (clearing and snagging and limited channel excavation);

(5) beach protection; and

(6) land acquisition and facility development for water‑based recreation sites.

Projects planned and constructed by a federal agency with a local cost‑share and projects without federal assistance are both eligible for state financial assistance. Small watershed projects of the U.S. Soil Conservation Service reviewed by the North Carolina Soil and Water Conservation Commission are not eligible for cost‑sharing under this Section. Questions about eligibility should be directed to the Division of Water Resources, Department of Environment, Health, and Natural Resources, P.O. Box 27687, Raleigh, N. C. 27611, (919) 733‑4064.

History Note: Authority G.S.143‑215.3(a)(1); 143‑215.70 through 143‑215.73; 143‑355;

Eff. February 1, 1976;

Amended Eff. December 1, 1991; October 1, 1984; December 1, 1983; April 1, 1983.

15A NCAC 02G .0103 PROJECT COST‑SHARING AMOUNTS

The department may provide state funds in amounts not to exceed the percentages stated in G.S. 143‑215.71 of either the non‑federal costs (in the case of a federal agency project) or the total costs (in the case of a project not receiving federal funds).

In the case of a local government water resources project where the department thinks a preliminary feasibility study or engineering study is necessary to more accurately determine project costs and/or benefits and/or scale of development, the department may provide up to 50 percent state funding of such studies. The sponsoring local government would provide the remainder of the funds necessary.

In the case where projects provide broad regional benefits, or where assignment of non‑federal responsibilities to local government is not appropriate in the opinion of the department, the department may assume sponsorship on behalf of the state and may pay up to 100 percent of the total (or the non‑federal share of the cost) of planning, construction, or operation of said water resources project.

History Note: Authority G.S. 143‑215.3(a)(1); 143‑215.41; 143‑215.71; 143‑355;

Eff. February 1, 1976;

Amended Eff. October 1, 1984; December 1, 1983; April 1, 1983; November 1, 1978.

15A NCAC 02G .0104 GRANT APPLICATIONS BY LOCAL GOVERNMENT

To request state cost‑sharing for an eligible water resources development project, a local political subdivision or unit of government shall send to the Division of Water Resources an official resolution describing the nature of the proposed project and the benefits to be received from it and requesting a specific cost‑sharing amount (based on the percentages given in G.S. 143‑215.71).

In addition, the resolution must state that the local unit of government will perform the following where appropriate to the nature of the project:

(1) Assume full obligation for payment of the balance of project costs.

(2) Obtain all necessary state and federal permits.

(3) Comply with all applicable laws governing the award of contracts and the expenditure of public funds by local governments.

(4) Supervise construction of the project to assure compliance with permit conditions and to assure safe and proper construction according to approved plans and specifications.

(5) Obtain suitable spoil disposal areas and all other easements or rights‑of‑way that may be necessary for the construction and operation of the project without cost or obligation to the state.

(6) Assure that the project is open for use by the public on an equal basis with no restrictions.

(7) Hold the state harmless from any damages that may result from the construction, operation and maintenance of the project.

(8) Accept responsibility for the operation and maintenance of the completed project.

History Note: Authority G.S. 143‑215.3(a)(1); 143‑215.72; 143‑355;

Eff. February 1, 1976;

Amended Eff. December 1, 1991; October 1, 1984; April 1, 1983.

15A NCAC 02G .0105 GRANT APPLICATION REVIEW AND APPROVAL

The secretary of the department shall receive and review grant applications for water resources development projects.

If the proposed project described in the application is not subject to environmental review under federal law, the department shall follow environmental review procedures established under the State Environmental Policy Act.

After review of grant applications, the secretary shall forward those approved or approved in part to the Advisory Budget Commission, which shall review the recommendations for the transfer of funds from the department's reserve fund into accounts for specific projects. After review by the Advisory Budget Commission, project funds shall be disbursed and monitored by the Department of Environment, Health, and Natural Resources (as described in Rule .0106 of this Section).

History Note: Authority G.S. 113A‑4; 143‑215.3(a)(1); 143‑215.72; 143‑215.73; 143‑355;

Eff. February 1, 1976;

Amended Eff. December 1, 1991; July 1, 1988; October 1, 1984; April 1, 1983.

15A NCAC 02G .0106 GRANT PAYMENTS

When state cost‑sharing for the water resource development project has been approved by the department and reviewed by the Advisory Budget Commission, the department shall pay its portion of the non‑federal costs of a federal project when requested by the sponsoring federal agency and shall pay its portion of the costs of a non‑federal project when the project has been completed, unless the local political subdivision or unit of government requests a partial payment in writing. A portion of the funds, normally 10 percent, will not be paid until the project has been inspected and is complete.

History Note: Authority G.S. 143‑215.3(a)(1); 143‑215.73; 143‑355;

Eff. February 1, 1976;

Amended Eff. July 1, 1988; October 1, 1984; April 1, 1983.

15A NCAC 02G .0107 SPECIAL BEACH EROSION CONTROL REQUIREMENTS

The following requirements are applicable to any beach erosion control or hurricane protection project in which the state participates by action of the department:

(1) Before the start of project construction, the sponsoring local government(s) will establish land‑use controls to conserve protective dunes and to insure that the damage potential is not significantly increased by further development. Such land use controls must meet or exceed all requirements of the state guidelines for Areas of Environmental Concern (15A NCAC 7H) and be consistent with the approved local land use plan prepared under the provisions of the state guidelines for Land Use Planning (15A NCAC 7B).

(2) The sponsoring local government must provide adequate public access to the project area. All such accessways must be designed to adequately protect the beach and dune system.

(3) No beach erosion control project shall significantly interfere with or create a hazard to public enjoyment of the beach.

(4) Any building line established as a part of a beach erosion control project shall not be seaward of the oceanfront setback line as established in 15A NCAC 7H .0306(a) GENERAL USE STANDARDS FOR OCEAN HAZARD AREAS.

History Note: Authority G.S. 143‑215.3(a)(1); 143‑215.71; 143‑355;

Eff. February 1, 1976;

Amended Eff. April 1, 1983.

15A NCAC 02G .0108 APPLICATION FOR STATE FUNDING

15A NCAC 02G .0109 PAYMENT OF LOCAL SHARE

15A NCAC 02G .0110 STATE PARTICIPATION IN BEACH EROSION CONTROL PROJECTS

15A NCAC 02G .0111 NON‑QUALIFIED PROJECTS

15A NCAC 02G .0112 SPECIAL PROJECT REQUIREMENTS

History Note: Authority G.S. 143‑354; 143‑355;

Eff. February 1, 1976;

Amended Eff. November 1, 1978;

Repealed Eff. April 1, 1983.

SECTION .0200 ‑ STATE STANDARDS FOR NON‑FEDERAL PROJECTS

15A NCAC 02G .0201 PURPOSE

15A NCAC 02G .0202 ECONOMIC JUSTIFICATION REQUIRED

15A NCAC 02G .0203 FORMAL APPROVAL REQUIRED

15A NCAC 02G .0204 SOUND ENGINEERING REQUIRED

15A NCAC 02G .0205 COMPATIBILITY WITH NORTH CAROLINA WATER PLAN

15A NCAC 02G .0206 APPROVAL OF ALL AFFECTED STATE AGENCIES

15A NCAC 02G .0207 ASSUMPTION OF RESPONSIBILITY BY LOCAL GOVERNMENTS

History Note: Authority G.S. 143‑354;

Eff. February 1, 1976;

Amended Eff. November 1, 1978;

Repealed Eff. April 1, 1983.

SECTION .0300 ‑ BEACH PROJECT REVOLVING FUND ADVANCES

15A NCAC 02G .0301 APPROVAL OF ADVANCES

No advance may be made without the express written approval of the Environmental Management Commission, or its executive committee when acting under the powers delegated to it by the Commission. Prior to said approval, the Commission shall seek the written advice and comments of the Secretary of the Local Government Commission who shall state the facts and circumstances of the financial conditions of the applicant. Only advances for the local share of federal hurricane protection or beach erosion control projects will be approved by the Commission.

History Note: Authority G.S. 143‑215.62;

Eff. February 1, 1976.

15A NCAC 02G .0302 ADVANCE PRIORITIES

Applications for advances from the revolving fund for construction purposes shall be given priority over applications for advances for any other purposes.

History Note: Authority G.S. 143‑215.62;

Eff. February 1, 1976.

15A NCAC 02G .0303 ADVANCE LIMITATION

Funds from the revolving fund advanced to local governments may not total more than 25 percent of any other funds provided by the state for the project.

History Note: Authority G.S. 143‑215.62;

Eff. February 1, 1976.

15A NCAC 02G .0304 DELEGATIONS OF AUTHORITY

The following authorities and responsibilities are delegated by the Commission to the Secretary, Department of Natural Resources and Community Development:

(1) to advise the applicant county or municipal governments of his opinion, on behalf of the Commission, on those matters where an opinion is required;

(2) to recommend the period of repayment and the amount of repayment installments for any advances made from the revolving fund;

(3) after commission approval of an advance, to execute an agreement with the applicant local governments setting forth satisfactory assurances that the projected works or project be undertaken and that the funds advanced shall be repaid.

History Note: Authority G.S. 143‑215.62;

Eff. February 1, 1976;

Amended Eff. October 1, 1984; November 1, 1978.

15A NCAC 02G .0305 EXISTING CONTRACTS

History Note: Authority G.S. 143‑215.62;

Eff. February 1, 1976;

Repealed Eff. October 1, 1984.

SECTION .0400 ‑ FLOODWAY ESTABLISHMENT

15A NCAC 02G .0401 STATUTORY AUTHORIZATION

History Note: Authority G.S. 143‑215.3(a)(1); 143‑215.56;

Eff. February 1, 1976;

Repealed Eff. October 1, 1984.

15A NCAC 02G .0402 FORM

The Environmental Management Commission shall use a standard form in designating floodways. Copies of this form can be obtained by writing or calling the Division of Water Resources, Department of Natural Resources and Community Development, P.O. Box 27687, Raleigh, N.C. 27611, (919) 733‑4064.

History Note: Authority G.S. 143‑215.3(a)(1); 143‑215.56;

Eff. February 1, 1976;

Amended Eff. July 1, 1988; October 1, 1984.

SECTION .0500 ‑ ALLOCATION OF JORDAN LAKE WATER SUPPLY STORAGE

15A NCAC 02G .0501 INTRODUCTION

To increase the availability of municipal and industrial water supplies, the State of North Carolina requested the U.S. Army Corps of Engineers to designate 32.62 percent of the Jordan Lake conservation storage, between the elevations 202 mean sea level (msl) and 216 msl, as water supply storage.

The State, acting through the Environmental Management Commission, will assign to local governments having a need for water supply capacity any interest held by the State in such storage, with proportional payment by the user to the State for the state's associated capital, interest, administrative and operating costs.

Upon signing the water supply storage contract with the U.S. Army Corps of Engineers, the Commission will apply the following procedures in allocating Jordan Lake water supply storage.

History Note: Authority G.S. 143‑215.3(a)(1); 143‑215.38 through 143‑215.43; 143‑354(a)(11);

143B‑282;

Eff. March 1, 1988.

15A NCAC 02G .0502 DEFINITIONS

As used throughout this Subchapter:

(1) "Capital costs" means initial costs of the project;

(2) "Commission" means Environmental Management Commission;

(3) "Department" means the North Carolina Department of Natural Resources and Community Development;

(4) "Division" means the Division of Water Resources;

(5) "Effective date of allocation" means the date the Commission approves the allocation;

(6) "Interest costs" means interest accrued on the unpaid balance;

(7) "Local government" means any city, county, authority, sanitary district, metropolitan water district, or other local unit;

(8) "Operating costs" means Jordan Lake's state and federal operating, maintenance, replacement, and administrative costs associated with water supply storage;

(9) "State" means the state of North Carolina; and

(10) "Water supply storage" means storage of water for municipal or industrial use.

History Note: Authority G.S. 143‑354(a)(11);

Eff. March 1, 1988.

15A NCAC 02G .0503 FORMAL APPLICATION

(a) The Commission may receive initial allocation requests from local governments beginning on this Section's effective date. In order to be reviewed, applications must contain the following information:

(1) Projected population and water use, including a detailed map of the existing and projected water service areas;

(2) A listing of water sources presently available, including estimated yields of these sources;

(3) An analysis of the yield, quality, and cost of alternative sources of water supply other than Jordan Lake that could meet or partially meet projected needs, including regionalization of systems;

(4) A description of conservation and demand‑management practices to be used;

(5) An outline of plans to use water from Jordan Lake, including proposed location of intake and water treatment plant(s), location of wastewater treatment plant(s), any proposed sharing of facilities or other cooperative arrangements with other local governments, and a proposed schedule of development;

(6) A plan for monitoring the quality of the raw and finished water in accordance with the requirements of North Carolina's Department of Human Resources and the U.S. Environmental Protection Agency;

(7) The estimated cost of developing water supply facilities at Jordan Lake, also costs of alternative sources of supply; and

(8) A letter of intent to enter into a financial commitment for Jordan Lake water storage.

(b) The Commission or the department may request such additional information as may be reasonably necessary for a complete understanding of the allocation request.

(c) Local governments may apply for two levels of allocation: Level I allocations are for applicants which have demonstrated an immediate need and will commence withdrawals within five years of the effective date of allocation; Level II allocations are for applicants with documented longer range needs for water.

(d) The applicant should include in the application the assumptions and the methodology used to develop projections. The Commission will assist applicants by providing a copy of departmental procedures for projecting water supply demands and determining yields.

(e) Using departmental procedures for projecting water supply demands and determining yields, the department will provide the Commission an independent assessment of the applicant's water supply needs.

History Note: Authority G.S. 143‑215.3(a)(1); 143‑354(a)(11); 143B‑282;

Eff. March 1, 1988.

15A NCAC 02G .0504 ALLOCATION OF WATER SUPPLY STORAGE

(a) The segment of Jordan Lake proposed for a water supply withdrawal must be classified by the Commission as a drinking water source prior to any allocation of Jordan Lake water supply storage. Prior to the first allocation of water supply storage at Jordan Lake, the Commission shall hold one or more public meetings on the amount(s) requested by each applicant, the suitability of Jordan Lake water for public water supply use, the availability of alternative water sources, and the best utilization of the water resources of the region. For future allocation decisions, additional public meetings may be held as determined by the Commission.

(b) The Commission will assign Level I allocations of Jordan Lake water supply storage based on an intent to begin withdrawing water within five years of the effective date of allocation, on consideration of projected water supply needs for a period not to exceed 20 years, and on the design capacity of the associated withdrawal and treatment facilities.

(c) The Commission will make Level II allocations of Jordan Lake water supply to applicants based on projected water supply needs for a period not to exceed 30 years.

(d) The Commission will initially keep 50 percent of the water supply storage unallocated to meet future water supply needs as they develop.

(e) If additional storage is requested by holders of Level II allocations, these parties must submit an application addendum to the Commission for review.

(f) When holders of Level II allocations have documented an immediate need and wish to commence withdrawals within five years, their Level II allocations will be changed to Level I upon review and approval by the Commission.

(g) The department will issue a notice that it has received applications for Level I and Level II allocations and requests for increases in allocations, with a 30‑day period for comment. If there is significant public interest, the department may hold a public meeting to obtain comments and information, with appropriate notice.

(h) To protect the yield of Jordan Lake for water supply and water quality purposes, the Commission will limit water supply allocations that will result in diversions out of the lake's watershed to 50 percent of the total water supply yield. The Commission may review and revise this limit based on experience in managing the lake and on the effects of changes in the lake's watershed that will affect its yield. For applicants whose discharge or intake represents a diversion pursuant to G.S. 153A‑285 or 162A‑7, the Commission will coordinate the review of the diversion with the review of the allocation request.

(i) Where applications for allocations exceed storage capacity, the Commission will assign, reassign, or transfer allocations based on the applicants' or holders' need(s) and alternative water sources available (as defined in the application requirements), the existing or proposed average degree of utilization of the resource (relative to the total allocation application), the level of financial commitment (relative to the applicant's or holder's total costs in developing Jordan Lake as a water supply source), the effects on the lake's yield, and the level of sharing facilities or other cooperative arrangements with other local governments.

History Note: Authority G.S. 143‑54(a)(11); 143‑215.3(a)(1); 143B‑282; 153A‑285; 162A‑7;

Eff. March 1, 1988.

15A NCAC 02G .0505 NOTIFICATION AND PAYMENT

(a) The Commission will notify applicants of the decisions made regarding their allocation requests.

(b) Recipients of Level I allocations are required to pay a proportional share of the state's total water supply storage capital and interest costs over a term suitable to the recipient and the Commission, but by 2012. Interest rates will vary with the payback term, and will be based on the state recovering the total federal capital and interest costs associated with water supply storage by 2012. After 2012, the Commission may review and adjust repayment requirements to assure equitable and efficient allocation of the resource. Level I recipients are also required to pay annually a proportional share of operating costs.

(c) Holders of Level II allocations are required to pay a proportional share of the project's water supply storage interest and operating costs.

History Note: Authority G.S. 143‑215.3(a)(1); 143‑354(a)(11); 143B‑282;

Eff. March 1, 1988.

15A NCAC 02G .0506 RECIPIENTS' REQUIREMENTS

(a) Holders of Level I allocations must provide documentation meeting the requirements of the North Carolina Environmental Policy Act, G.S. 113A‑1 thru 113A‑10, at the time the holders propose to build facilities to use water from Jordan Lake. Such documentation shall include the environmental impacts of the proposed withdrawal, treatment, distribution, and disposal of the holders' allocated water.

(b) Local governments must install and maintain suitable meters for the measurement of water withdrawn, report these withdrawals to the department on a monthly basis, and obtain the department's approval for the design, location, and installation of associated withdrawal facilities.

History Note: Authority G.S. 113A‑1 through 113A‑10; 143‑215.3(a)(1); 143‑354(a)(11);

143B‑282;

Eff. March 1, 1988.

15A NCAC 02G .0507 LOSS OF ALLOCATION

(a) The Commission will review the Level I and Level II allocations at five year intervals, beginning on the effective date of the first allocation.

(b) Level I allocations will be reviewed for possible reassignment if the recipient does not begin to withdraw water within five years of the effective date of allocation or is not using and withdrawing the water as proposed in the application.

(c) Level I and Level II allocations will be rescinded upon failure by the local government to meet the regulation requirements in .0506 (a), (b), and (c).

(d) The Commission may adjust, reassign, or transfer interests in water supply storage held by local governments, if indicated by an investigation of needs or changes in the project's water supply storage capacity. Capital, interest, and operating costs will be equitably adjusted to reflect the allocation recipients' proportion of total capacity.

Holders of Level I and Level II allocations will receive appropriate refunds for any payments made if their allocations are adjusted, reassigned, or otherwise amended with the approval of the Commission. Rescinded allocations will not be refunded.

(e) The Commission shall hold a public meeting to obtain comments and information regarding the proposed loss of allocation.

History Note: Authority G.S. 143‑215.3(a)(1); 143‑354(a)(11); 143B‑282;

Eff. March 1, 1988.

SECTION .0600 ‑ AQUATIC WEED CONTROL

15A NCAC 02G .0601 THE AQUATIC WEED CONTROL ACT

History Note: Authority G.S. 106-420; 113A-222; 113A-223; 113A-224;

Eff. September 1, 1992;

Repealed Eff. April 1, 2006.

15A NCAC 02G .0602 NOXIOUS AQUATIC WEED LIST

The Secretary of the Department of Environment and Natural Resources has designated the following plants as noxious aquatic weeds:

(1) Species Listed on the Federal Noxious Weed List.

Azolla pinnata R. Brown - Pinnate mosquitofern

Eichhornia azurea (Sw.) Kunth - Anchored waterhyacinth

Hydrilla verticillata (L.f.) Royle - Hydrilla

Hygrophila polysperma (roxb.) T. Anderson - Indian hygrophila

Ipomoea aquatica Forsk. - Swamp morning glory, water spinach

Lagarosiphon major (Ridley) Moss - African elodea

Limnophila sessiliflora (Vahl) Blume-Limnophila

Melaleuca quinquenervia (Cav.) Blake-Melalucea

Monochoria hastata (L.) Solms - Arrowleaved monochoria

Monochoria vaginalis (Burm. f.) Kunth - Monochoria

Sagittaria sagittifolia L. - Arrowhead

Salvinia auriculata Aubl. - Giant salvinia

Salvinia biloba Raddi - Giant salvinia

Salvinia herzogii de la Sota - Giant salvinia

Salvinia molesta Mitch. - Giant salvinia

Sparganium erectum L. - Branched burreed

Stratiotes aloides L. - Crab's claw, Water-aloe

(2) Additional species.

Alternanthera philoxeroides (Mart.) Griseb - Alligatorweed

Crassula helmsii (Kirk) - Swamp stonecrop

Egeria densa Planch. - Brazilian elodea, Anacharis

Eichhornia crassipes (Mart.) Solms. –Water hyacinth

Lagarosiphon spp. (All species) - African elodea

Ludwigia hexapetala (Hooker & Arnott) Zardi. - Uruguay waterprimrose, Creeping waterprimrose

Lythrum salicaria L. - Purple loosestrife

Myriophyllum aquaticum (Vell.) Verdc. - Parrotfeather

Myriophyllum spicatum L. - Eurasian watermilfoil

Najas minor All. - Brittleleaf naiad, Slender naiad

Phragmites australis (Cav.) Trin. ex Steud. - Common reed

Pistia stratiotes L. - Water lettuce

Salvinia spp. (All except S. rotundifolia) - Water fern

Trapa spp. (All species) - Water chestnut

History Note: Authority G.S. 113A-222;

Eff. September 1, 1992;

Amended Eff. April 1, 2006.