(a)  Description.  These are catchment areas situated entirely within the coastal area which contain a water body classified as A‑II by the Environmental Management Commission.  This means the maximum beneficial use of these bodies of water is to serve as public water supply areas.  The watershed of the A‑II water bodies has been identified by the North Carolina Department of Environment, Health, and Natural Resources for designation by the CRC.

(b)  Use Standards.  The CRC or local designated official shall approve an application upon finding that the project is in accord with the following minimum standards:

(1)           Ground absorption sewage disposal systems shall be located a minimum of 100 feet from A‑II surface waters.

(2)           Development requiring a national pollution discharge elimination system (NPDES) permit will be denied an AEC permit until the NPDES permit is secured.

(3)           Land‑disturbing activities (land clearing, grading, and surfacing) shall be in compliance with the mandatory standards of the North Carolina Sedimentation Pollution Control Act of 1973 in G.S. 113A‑57.

(4)           In instances where a detailed hydrologic study of a small surface water supply watershed has been made, more detailed standards may be applied.

(c)  Designated Small Surface Water Supply Watersheds.  The CRC has designated the following small surface water supply watersheds and developed detailed standards as set out in this Paragraph:

(1)           The fresh pond between Kill Devil Hills and Nags Head on Bodie Island and adjacent catchment area.  The Department of Environment, Health, and Natural Resources proposed the fresh water lake on Bodie Island in Dare County as an area of environmental concern.

(A)          Both the towns of Nags Head and Kill Devil Hills have water treatment plants which take their raw water from the fresh water lake located between the two towns on Bodie Island.  The lake is approximately one‑quarter mile west of the U.S. 158 bypass.  This fresh water lake is supplied by groundwater from the surrounding landmass and rainfall.

(B)          This area is near the Cape Hatteras National Seashore Recreation Area.  In addition, Kill Devil Hills is the site of the Wright Brothers Memorial, a national monument.  As a major tourist attraction this area draws people from across the east coast.  Contamination of the water supply could, therefore, have an effect not only on other areas of the state but the east coast as well.

(C)          To adequately protect the fresh pond, it is necessary that construction of septic tanks and other sources of pollution within the limits of the cone of depression be regulated as follows:

(i)            Within 500 feet, horizontal distance of the edge of the pond, no construction of sewers, septic tanks nitrification fields or other possible sources of pollution shall be permitted.

(ii)           Between the distances of 500 feet and 1200 feet from the edge of the pond, construction of septic tank systems shall be limited to one single septic tank system serving a single family residence not to exceed four bedrooms or its equivalent volume of sewage, on a lot or tract of land not less than 40,000 square feet.

(2)           The Toomers Creek Watershed.  The Department of Environment, Health, and Natural Resources proposed the Toomers Creek at Wilmington in New Hanover County as an area of environmental concern. Toomers Creek is a tributary to the Cape Fear River and is classified as Class A‑II swamp waters suitable as a source of water supply for drinking, culinary, or food processing purposes after approved treatment equal to coagulation, sedimentation, filtration, and disinfection, etc., and any other usage requiring waters of lower quality.  Toomers Creek is utilized by the City of Wilmington as an auxiliary supply of raw water for drinking purposes.


History Note:        Authority G.S. 113A‑107(a); 113A‑107(b); 113A‑113(b)(3)a; 113A‑124;

Eff. September 9, 1977;

Amended Eff. May 1, 1990; September 1, 1988; November 1, 1984; February 18, 1980.