jordan nutrient rules approved by the rrc on november 20,

8/14/2019 Jordan Nutrient Rules Approved by the RRC on November 20,

1/117

Jordan Nutrient Rules

Approved by the RRC on November 20, 2008

TABLE OF CONTENTS

15A NCAC 02B .0262 - PURPOSE AND SCOPE..................................................................1

15A NCAC 02B .0263 - DEFINITIONS..............................................................................9

15A NCAC 02B .0264 - AGRICULTURE .........................................................................13

15A NCAC 02B .0265 - STORMWATER MANAGEMENT FOR NEW DEVELOPMENT ..........23

15A NCAC 02B .0266 - STORMWATER MANAGEMENT FOR EXISTING DEVELOPMENT .29

15A NCAC 02B .0267 - PROTECTION OF EXISTING RIPARIAN BUFFERS .......................37

15A NCAC 02B .0268 - MITIGATION FOR RIPARIAN BUFFERS......................................71

15A NCAC 02B .0269 - RIPARIAN BUFFER MITIGATION FEES TO THE NC ECOSYSTEMENHANCEMENT PROGRAM .....................................................77

15A NCAC 02B .0270 - WASTEWATER DISCHARGE REQUIREMENTS............................79

15A NCAC 02B .0271 - STORMWATER REQUIREMENTS FOR STATE AND FEDERALENTITIES ..............................................................................89

15A NCAC 02B .0272 - FERTILIZER MANAGEMENT.................................................. 101

15A NCAC 02B .0273 - OPTIONS FOR OFFSETTING NUTRIENT LOADS ...................... 107

15A NCAC 02B .0311 - CAPE FEAR RIVER BASIN .......................................................111


2/117




3/117



1/115

15A NCAC 02B .0262 is adopted with changes as published in 21:24 NCR 2258-2262 as follows:1

2

15A NCAC 02B .0262 JORDAN WATER SUPPLY NUTRIENT STRATEGY: WATERSHED3

NUTRIENT REDUCTION GOALS PURPOSE AND SCOPE4

PURPOSE. The purpose of B. Everett Jordan Reservoir and all lands and waters within its watershed, hereafter5referred to as Jordan watershed, have been supplementally classified as Nutrient Sensitive Waters (NSW) pursuant6

to 15A NCAC 2B .0223. The following requirements this rule, rules 15A NCAC 2B .0263 through .0273 and7

.0311(p) shall beare intended to restore and maintain nutrient-related water quality standards in the B. Everett8

Jordan Reservoir; protect its classified uses, uses as set out in Rule 15A NCAC 2B .0216, including use as a source9

of water supply for drinking water, culinary and food processing purposes; and maintain or enhance protections10

currently implemented by local governments in existing water supply watersheds. Water supply waters designated11

WS-II, WS-III, and WS-IV within the Jordan watershed shall retain their classifications. The remaining waters in12

the Jordan watershed shall be classified WS-V. The requirements of all of these water supply classifications shall13

be retained and applied except as specifically noted within this Rule and Rules 02B .0263 through 02B .0272 and1402B .0311. The entire Jordan watershed is hereby designated a critical water supply watershed and given15

additional, more stringent requirements than the state minimum water supply watershed management requirements16

pursuant to G.S. 143-214.5(b). Local governments throughout Jordan watershed shall amend existing ordinances17

and programs as needed or adopt ordinances and programs to comply with these requirements. The following18

requirements shall constitute the Jordan water supply nutrient strategy and the more stringent requirements for the19

Jordan watershed as a critical water supply watershed:These rules, as further enumerated in Item (3) of this Rule,20

together shall constitute the Jordan water supply nutrient strategy, or Jordan nutrient strategy. Additional21

provisions of this Rule include establishing the geographic and regulatory scope of the Jordan nutrient strategy,22

defining its relationship to existing water quality regulations, setting specific nutrient mass load goals for Jordan23

Reservoir, providing for the use of adaptive management to restore Jordan Reservoir, and citing general24

enforcement authorities. The following provisions further establish the framework of the Jordan water supply25

nutrient strategy:26

(1) SCOPE. B. Everett Jordan Reservoir is hereafter referred to as Jordan Reservoir. All lands and27waters draining to Jordan Reservoir are hereafter referred to as the Jordan watershed. Jordan28

Reservoir and all waters draining to it have been supplementally classified as Nutrient Sensitive29

Waters (NSW) pursuant to Rules 15A NCAC 2B .0101(e)(3) and 15A NCAC 2B .0223. Water30

supply waters designated WS-II, WS-III, and WS-IV within the Jordan watershed shall retain their31

classifications. The remaining waters in the Jordan watershed shall be classified WS-V. The32

requirements of all of these water supply classifications shall be retained and applied except as33

specifically noted in Item (6) of this Rule and elsewhere within the Jordan nutrient strategy.34

Pursuant to G.S. 143-214.5(b), the entire Jordan watershed shall be designated a critical water35

supply watershed and through the Jordan nutrient strategy given additional, more stringent36

requirements than the state minimum water supply watershed management requirements. These37


4/117



2/115

requirements supplement the water quality standards applicable to Class C waters, as described in1

Rule .0211 of this Section, which apply throughout the Jordan watershed.2

(1)(2) STRATEGY GOAL. Pursuant to G.S. 143-215.1(c5), 143-215.8B, and 143B-282(c) and (d) of3the Clean Water Responsibility Act of 1997, G.S. 143-215.1(c5), the Environmental Management4

Commission hereby establishes the initial goal of reducing the average annual loads of nitrogen5and phosphorus delivered to Jordan Reservoir from all point and nonpoint sources of these6

nutrients located within its watershed, as furtherspecified in Item (3)Item (5) of this Rule Rule,7

and providing provides for an adaptive management of the initial strategy and goal, as further8

specified in Item (7)Item 8 of this Rule.9

(3) RULES ENUMERATED. The second rule in the following list provides definitions for terms that10are used in more than one rule of the Jordan nutrient strategy. An individual rule may contain11

additional definitions that are specific to that rule. The rules of the Jordan nutrient strategy shall12

be titled as follows:13

(a) Rule .0262 Purpose and Scope;14(b) Rule .0263 Definitions;15(c) Rule .0264 Agriculture;16(d) Rule .0265 Stormwater Management for New Development;17(e) Rule .0266 Stormwater Management for Existing Development;18(f) Rule .0267 Protection of Existing Riparian Buffers;19(g) Rule .0268 Mitigation for Riparian Buffers;20(h) Rule .0269 Riparian Buffer Mitigation Fees to the NC Ecosystem Enhancement Program;21(i) Rule .0270 Wastewater Discharge Requirements;22(j) Rule .0271 Stormwater Requirements for State and Federal Entities;23(k) Rule .0272 Fertilizer Management;24(l) Rule .0273 Options for Offsetting Nutrient Loads; and25(m)Rule .0311 Cape Fear River Basin.26

(2)(4) RESERVOIR ARMS AND SUBWATERSHEDS. This Rule dividesFor the purpose of the Jordan27nutrient strategy, Jordan Reservoir is divided into three arms and its entirethe Jordan watershed28

into three arms and their respectiveis divided into three tributary subwatersheds as follows:29

(a) The Upper New Hope arm of the reservoir, identified by index numbers 16-41-1-(14),3016-41-2-(9.5), and 16-41-(0.5) in the Schedule of Classifications for the Cape Fear River31

Basin, Rule 15A NCAC 02B .0311, encompasses the upper end of the reservoir upstream32

of SR 1008, and its subwatershed encompasses all lands and waters draining into it.33

(b) The Lower New Hope arm of the reservoir, identified by index number 16-41-(3.5) in the34Schedule of Classifications for the Cape Fear River Basin, Rule 15A NCAC 02B .0311,35

lies downstream of SR 1008 and upstream of the Jordan Lake Dam, excluding the Haw36

River arm of the reservoir, and its subwatershed encompasses all lands and waters37


5/117



3/115

draining into the Lower New Hope arm of the reservoir excluding those that drain first to1

the Upper New Hope arm of the reservoir and the Haw River arm of the reservoir.2

(c) The Haw River arm of the reservoir, identified by index number 16-(37.5) in the3Schedule of Classifications for the Cape Fear River Basin, Rule 15A NCAC 02B .0311,4

lies immediately upstream of Jordan Lake Dam, and its subwatershed includes all lands5and waters draining into the Haw River arm of the reservoir excluding those first draining6

into the Upper and Lower New Hope arms.7

(3)(5) NUTRIENT REDUCTION GOALS. Each arm of the lake has initial reduction goals, and initial8total allowable loads,point source wasteload allocations, and nonpoint source loading targetsload9

allocations for both nitrogen and phosphorus based on a field-calibrated nutrient response model10

developed pursuant to provisions of the Clean Water Responsibility Act of 1997, G.S. 143-11

215.1(c5). The initial reduction goals and loading targets allocations are to be met collectively by12

the sources regulated under the Rules listed in Item (6)Jordan nutrient strategy. The initial13

reduction goals are expressed in terms of a percentage reduction in delivered loads from the14baseline years, 1997-2001, while initial loading targetsallocations are expressed in pounds per year15

of allowable delivered load. Each arm and subwatershed shall conform to its respective initial16

allocations for nitrogen and phosphorus as follows:17

(a) The initial at-lake nitrogen loadingload reduction goals for the arms of Jordan Reservoir18Reservoir, which may be modified periodically by Item (7) of this Rule, regarding19

adaptive management, are as follows:20

(i) The Upper New Hope arm has a 1997-2001 baseline nitrogen load of 986,18621pounds peryear, year and a Total Mass Maximum Daily Load (TMDL)TMDL22

reduction goal of 35percent, and apercent. The resulting TMDL includes a total23

allowable load of 641,021 pounds of nitrogen peryear. Theyear: ainitialpoint24

source mass load targetwasteload allocation ofis 336,079 pounds of nitrogen per25

year, and thea initial nonpoint source mass load targetallocation is of304,94226

pounds of nitrogen per year.27

(ii) The Lower New Hope arm has a 1997-2001 baseline nitrogen load of 221,92928 pounds peryear, theyear and a nitrogen TMDL is capped at the baseline29

nitrogen load, and theload. The resulting TMDL is includes a total allowable30

load of 221,929 pounds of nitrogen per year. Theyear: a initial point source31

mass load targetwasteload allocation of is 6,836 pounds of nitrogen per year,32

and theainitial nonpoint source mass load targetallocation ofis 215,093 pounds33

of nitrogen per year.34

(iii) The Haw River arm has a 1997-2001 baseline nitrogen load of 2,790,217 pounds35peryear,year and a TMDL percentage reduction of 8percent, and apercent. The36

resulting TMDL includes a total allowable load of 2,567,000 pounds of nitrogen37


6/117



4/115

peryear. Theyear: ainitialpoint source mass load targetwasteload allocation of1

is 895,127 pounds of nitrogen per year, and thea initial nonpoint source mass2

load targetallocation ofis 1,671,873 pounds of nitrogen per year.3

(b) The initial at-lake phosphorus loadingload reduction goals for the arms of Jordan4Reservoir Reservoir, which may be modified periodically by Item (7) of this Rule,5regarding adaptive management, are as follows:6

(i) The Upper New Hope arm has a 1997-2001 baseline phosphorus load of 87,2457 pounds peryear,year and a TMDL percentage reduction of 5 percent, and8

apercent. The resulting TMDL includes a total allowable load of 82,883 pounds9

of phosphorus per year. Theyear: a initial point source mass load10

targetwasteload allocation ofis 23,108 pounds of phosphorus per year, and thea11

initial nonpoint source mass load targetallocation of 59,775 pounds of12

phosphorus per year.13

(ii) The Lower New Hope arm has a 1997-2001 baseline phosphorus load of 26,57414 pounds peryear, theyear and a phosphorus TMDL is capped at the baseline15

phosphorus load, and theload. The resulting TMDL is includes a total allowable16

load of26,574 pounds of phosphorus peryear. Theyear: a initialpoint source17

mass load targetwasteload allocation of is 498 pounds of phosphorus per year,18

and theainitial nonpoint source mass load targetallocation of 26,078 pounds of19


(iii) The Haw River arm has a 1997-2001 baseline phosphorus load of 378,56921 pounds peryear,year and a TMDL percentage reduction of 5 percent, and22

apercent. The resulting TMDL includes a total allowable load of 359,64123

pounds of phosphorus peryear. Theyear: a initial point source mass load24

targetwasteload allocation of is 106,001 pounds of phosphorus per year, and25

thea initial nonpoint source mass load targetallocation of 253,640 pounds of26


(c) The allocations established in this Item may change as a result of allocation transfer28 between point and nonpoint sources to the extent provided for in rules of the Jordan29

nutrient strategy and pursuant to requirements on the sale and purchase of load reduction30

credit set out in Rule 15A NCAC 2B .0273.31

(4)(6) RELATION TO WATER SUPPLY REQUIREMENTS. For all waters designated as WS-II, WS-32III, or WS-IV within the Jordan watershed, the requirements of water supply rules 15A NCAC33

02B .0214 through .0216 shall remain in effect with the exception of Sub-Item (3)(b) of those34

rules addressing nonpoint sources. The nonpoint source requirements of Sub-Item (3)(b) of those35

rules are superseded by the requirements of this Rule and rules 15A NCAC 02B .0263 through36

.0269, and .0271 through .0273,.0271, and .0272, except as specifically stated in any of these37


7/117



5/115

rules. For the remaining waters of Jordan watershed, hereby designated WS-V, the requirements1

of water supply rule 15A NCAC 02B .0218 and rules 15A NCAC 02B .0263 through .0272.02732

and .0311 shall be applied. For WS-II, WS-III, and WS-IV waters, the retained requirements of3

rules 15A NCAC 02B .0214 through .0216 include are the following:4

(a)

Item (1) of Rules 15A NCAC 02B .0214 through .0216 addressing best usages;5(b) Item (2) of Rules 15A NCAC 02B .0214 through .0216 addressing predominant6

watershed development conditions, discharges expressly allowed watershed-wide,7

general prohibitions on and allowances for domestic and industrial discharges, Maximum8

Contaminant Levels following treatment, and the local option to seek more protective9

classifications for portions of existing water supply watersheds;10

(c) Sub-Item (3)(a) of Rules 15A NCAC 02B .0214 through .0216 addressing waste11discharge limitations; and12

(d) Sub-Items (3)(c) through (3)(h) of Rules 15A NCAC 02B .0214 through .0216 addressing13aesthetic and human health standards.14

(5)RULES ENUMERATED. The additional requirements set out in this Rule and Rules 02B .026315

through .0272 and .0311address both point sources and nonpoint sources, and shall be implemented16

withinthroughout the Jordan watershed unless otherwise specifiedin order to achieve the nutrient reduction17

goals stated herein and to protect water supplies in the Jordan watershed. The requirements set out in the18

rules listed below supplement the water quality standards applicable to Class C waters, as described in Rule19

.0211 of this Section, that apply to all waters of the Jordan watershed. The following rules shall be20

implemented within the Jordan watershed:21

(a)Rule .0262 Watershed Nutrient Reduction Goals22

(b)Rule .0263 Nutrient Management23

(c)Rule .0264 Agriculture24

(d)Rule .0265 Stormwater Management for New Development25

(e)Rule .0266 Stormwater Management for Existing Development26

(f)Rule .0267 Protection of Existing Riparian Buffers27

(g)Rule .0268 Mitigation for Riparian Buffers28

(h)Rule .0269 Options for Offsetting Nutrient Loads29

(i)Rule .0270 Wastewater Discharge Requirements30

(j)Rule .0271 Stormwater Requirements for State and Federal Entities31

(k)Rule .0272 Riparian Buffer Mitigation Fees32

(l) Rule .0311 Cape Fear River Basin33(6)(7) APPLICABILITY. Although this Rule and Rules 02B .0263 through 02B .0272 and .0311 apply34

throughout the Jordan watershed unless otherwise specified, Types of parties responsible for35

implementing rules within the Jordan nutrient strategy and, as applicable, their geographic scope36

of responsibility, are identified in each rule. The specific local governments responsible for37


8/117



6/115

implementing rules Rules .0265, .0266, .0267, .0268, and .0269.0273 shall apply tobe local1

governments in the Jordan watershed as follows:2

(a) Rules .0265, .0266, .0267, .0268, and .0269.0273 shall apply tobe implemented by all3incorporated municipalities, as identified by the Office of the Secretary of State, with4

planning jurisdiction within or partially within the Jordan watershed. watershed as5identified by the Office of the Secretary of State. Those municipalities shall currently6

include:are:7

(i) AlamanceAlamance;8(ii) ApexApex;9(iii) BurlingtonBurlington;10(iv) CarrboroCarrboro;11(v) Cary Cary;12(vi) Chapel HillChapel Hill;13(vii) DurhamDurham;14(viii) ElonElon;15(ix) GibsonvilleGibsonville;16(x) GrahamGraham;17(xi) Green LevelGreen Level;18(xii) GreensboroGreensboro19(xiii) Haw RiverHaw River;20(xiv) KernersvilleKernersville;21(xv) MebaneMebane;22(xvi) MorrisvilleMorrisville;23(xvii) Oak RidgeOak Ridge;24(xviii) OssipeeOssipee;25(xix) PittsboroPittsboro;26(xx) Pleasant GardenPleasant Garden;27(xxi) ReidsvilleReidsville;28(xxii) SedaliaSedalia;29(xxiii) StokesdaleStokesdale;30(xxiv) SummerfieldSummerfield;31(xxv) WilsonvilleWilsonville; and32(xxvi) WhitsettWhitsett;33

(b) Rules .0265, .0266, .0267, .0268, and .0269.0273 shall apply to be implemented by the34following counties: counties for the portions of the counties where the municipalities35

listed in Sub-Item (7)(a) do not have an implementation requirement:36

(i) AlamanceAlamance;37


9/117



7/115

(ii) CaswellCaswell;1(iii) ChathamChatham;2(iv) DurhamDurham;3(v) GuilfordGuilford;4(vi)

OrangeOrange;5

(vii) RockinghamRockingham; and6(viii) WakeWake.7

(c) A unit of government may arrange through interlocal agreement or other instrument of8mutual agreement for another unit of government to implement portions or the entirety of9

a program required or allowed under any of the rules listed in Item (3) of this Rule to the10

extent that such an arrangement is otherwise allowed by statute. The governments11

involved shall submit documentation of any such agreement to the Division. No such12

agreement shall relieve a unit of government from its responsibilities under these rules.13

(7)(8) ADAPTIVE MANAGEMENT. The initial loading goals defined in Item (3) of this Rule may be14adjusted based on an evaluation of Division shall evaluate the effectiveness of the Jordan nutrient15

reduction strategy after at least five ten years of implementation following the effective date and16

periodically thereafter as part of the review of the Cape Fear River Basinwide Water Quality Plan.17

The Division shall base any adjustment onits evaluation on, at a minimum, of additional water18

quality data. Such evaluation shall include, but shall not be limited to, the results of a calibrated19

lake nutrient response model, trend analyses as described in the monitoring section of the B.20

Everett Jordan Reservoir, North Carolina Nutrient Management Strategy and Total Maximum21

Daily Load, and lake use support assessment assessments. The Division may also develop22

additional watershed modeling or other source characterization work.as conducted every five years23

for the Cape Fear River Basinwide Water Quality Plan. The Any nutrient response modeling and24

monitoring on which an any recommendation foradjustment to strategy goals may be based shall25

meet the criteria set forth in the Clean Water Act, G.S. 143-215.1(c5), and meet or exceed criteria26

used by the Division for the monitoring and modeling used to establish the goals in Item (3)Item27

(5) of this Rule. Loading goals adjusted as described here shall apply to the rules identified in28

Item (5) of this Rule upon approval by the Commission. Any modification to these rules as a29

result of such evaluations would require additional rulemaking.30

(8)(9) LIMITATION: 15A NCAC 02B .0262 through .0272The Jordan nutrient strategy may not fully31address significant nutrient sources in the Jordan Watershed watershed in that the rules do not32

directly address atmospheric sources of nitrogen to the watershed from sources located both within33

and outside of the watershed. As better information becomes available from ongoing research on34

atmospheric nitrogen loading to the watershed from these sources, and on measures to control this35

loading, the Commission may undertake separate rule making to require such measures it deems36


10/117



8/115

necessary from these sources to support the goals of the Jordan Reservoir Nutrient1

Strategynutrient strategy.2

(9)(10) ENFORCEMENT. Failure to meet requirements of Rules .0262, .0263, .0264, .0265, .0266,3.0267, .0268, .0269, .0270, .0271.0271, and .0272 and .0273 of this Section may result in4

imposition of enforcement measures as authorized by G. S. 143-215.6A (civil penalties), G.S. 143-5215.6B (criminal penalties), and G.S. 143-215.6C (injunctive relief).6

7

History Note: Authority G. S. 143-214.1; 143-214.5; 143-214.7; 143-215.1; 143-215.3(a)(1); 143-215.6A; 143-8

215.6A; 143-215.6B; 143 215.6C; 143-215.8B(b);143-215.8B; 143B-282(c); 143B-282(d); S.L.9

2005-190; S.L. 2006-259;10

Eff. July 1, 2008.11


11/117



9/115

15A NCAC 02B .0263 was published in 21:24 NCR 2265 as parts of Rules 15A NCAC 02B .0262-.0272.1

Note: In response to staff recommendations, parts of 15A NCAC 02B rules have been combined into one rule,2

thereby creating this rule. The original Rule 15A NCAC 02B .0263 has been renumbered as Rule 15A NCAC3

02B .0272.4

515A NCAC 02B .0263 JORDAN WATER SUPPLY NUTRIENT STRATEGY: DEFINITIONS6

The following words and phrases, which are not defined in G.S. 143, Article 21, shall be interpreted as follows for7

the purposes of the Jordan nutrient strategy:8

(1) Allocation means the mass quantity of nitrogen or phosphorus that a discharger, group of9dischargers, nonpoint source, or collection of nonpoint sources is potentially allowed to release10

either to surface waters, expressed as discharge allocation, or to an arm of Jordan Reservoir,11

expressed as delivered allocation.assigned as part of a TMDL. For point sources, possession of12

allocation does not authorize the discharge of nutrients but is prerequisite to such authorization13

through a NPDES permit.14(2) Applicator means the same as defined in Rule 15A NCAC 2B .0202(4).15(3) Channel means a natural water-carrying trough cut vertically into low areas of the land surface16

by erosive action of concentrated flowing water or a ditch or canal excavated for the flow of water.17

(4) DBH means diameter at breast height of a tree measured at 4.5 feet above ground surface level.18(5) Delivered, as in delivered allocation, load, or limit, means the allocation, load, or limit that is19

measured or predicted at Jordan Reservoir. A delivered value is equivalent to a discharge value20

multiplied by the transport factor for that discharge location.21

(6) Development means the same as defined in Rule 15A NCAC 2B .0202(23).22(7) Discharge, as in discharge allocation, load, or limit means the allocation, load, or limit that is23

measured at the point of discharge into surface waters in the Jordan watershed. A discharge value24

is equivalent to a delivered value divided by the transport factor for that discharge location.25

(8) Ditch or canal means a man-made channel other than a modified natural stream constructed for26drainage purposes that is typically dug through inter-stream divide areas. A ditch or canal may27

have flows that are perennial, intermittent, or ephemeral and may exhibit hydrological and28

biological characteristics similar to perennial or intermittent streams.29

(9) Ephemeral stream means a feature that carries only stormwater in direct response to30 precipitation with water flowing only during and shortly after large precipitation events. An31

ephemeral stream may or may not have a well-defined channel, the aquatic bed is always above32

the water table, and stormwater runoff is the primary source of water. An ephemeral stream33

typically lacks the biological, hydrological, and physical characteristics commonly associated with34

the continuous or intermittent conveyance of water.35

(10) Existing development means development, other than that directly associated with agricultural36or forest management activities, that meets one of the following criteria:37


12/117



10/115

(a) It either is built or has established a vested right based on statutory or common law as1interpreted by the courts, under North Carolina zoning lawfor projects that do not require2

a state permit, as of the effective date of either local new development stormwater3

programs implemented under Rule 15A NCAC 2B .0265 or, for projects requiring a state4

permit, as of the applicable compliance date established in Rule 15A NCAC 2B .0271(5)5and (6)(6); or A vested right shall be based on at least one of the following criteria:6

(i)Substantial expenditure of resources (time, labor, money) based on a good faith7

reliance upon having received a valid state or local government approval to8

proceed with the project; or9

(ii) Having either an outstanding valid building permit or an approved site-specific or10

phased development plan in compliance with G.S. 153A-344.1 or G.S. 160A-385.1; or11

(b) It occurs after one of the compliance datesdate set out in Sub-Item (3)(a) of this12Rule(4)(d) of Rule .0265 but is not subject to the requirements referenced there, such as13

redevelopment that does not yield result in a net increase in built-upon area.14(11) Intermittent stream means a well-defined channel that contains water for only part of the year,15

typically during winter and spring when the aquatic bed is below the water table. The flow may16

be heavily supplemented by stormwater runoff. An intermittent stream often lacks the biological17

and hydrological characteristics commonly associated with the continuous conveyance of water.18

(12) Jordan nutrient strategy, or Jordan water supply nutrient strategy means the set of Rules 15A19NCAC 2B .0262 through .0273 and .0311(p).20

(13) Jordan Reservoir means the surface water impoundment operated by the US Army Corps of21Engineers and named B. Everett Jordan Reservoir, as further delineated for purposes of the Jordan22

nutrient strategy in Rule 15A NCAC 2B .0262(4).23

(14) Jordan watershed means all lands and waters draining to B. Everett Jordan Reservoir.24(15) Load means the mass quantity of a nutrient or pollutant released into surface waters over a given25

time period. Loads may be expressed in terms of pounds per year and may be expressed as26

delivered load or an equivalent discharge load.27

(16) Load allocation means the same as set forth in federal regulations 40 CFR 130.2(g), which is28incorporated herein by reference, including subsequent amendments and editions. These29

regulations may be obtained at no cost from http://www.epa.gov/lawsregs/search/40cfr.html or30

from the U.S. Government Printing Office, 732 North Capitol St. NW, Washington D.C., 20401.31

(17) Modified natural stream means an on-site channelization or relocation of a stream channel and32subsequent relocation of the intermittent or perennial flow as evidenced by topographic alterations33

in the immediate watershed. A modified natural stream must have the typical biological,34

hydrological, and physical characteristics commonly associated with the continuous conveyance35

of water.36


13/117



11/115

(18) New development means any development project that does not meet the definition of existing1development set out in this Rule.2

(19) Nitrogen or total nitrogen means the sum of the organic, nitrate, nitrite, and ammonia forms of3nitrogen in a water or wastewater.4

(20)

NPDES means National Pollutant Discharge Elimination System, and connotes the permitting5process required for the operation of point source discharges in accordance with the requirements6

of Section 402 of the Federal Water Pollution Control Act, 33 U.S.C. Section 1251 et seq.7

(21) Nutrients means total nitrogen and total phosphorus.8(22) Perennial stream means a well-defined channel that contains water year round during a year of9

normal rainfall with the aquatic bed located below the water table for most of the year.10

Groundwater is the primary source of water for a perennial stream, but it also carries stormwater11

runoff. A perennial stream exhibits the typical biological, hydrological, and physical12

characteristics commonly associated with the continuous conveyance of water.13

(23) Perennial waterbody means a natural or man-made watershed,basin,including lakes, ponds, and14reservoirs, that stores surface water permanently at depths sufficient to preclude growth of rooted15

plants.plants, including lakes, ponds, sounds, non-stream estuaries and ocean. For the purpose of16

the States riparian buffer protection program, the waterbody must be part of a natural drainage17

way (i.e., connected by surface flow to a stream).18

(24) Phosphorus or total phosphorus means the sum of the orthophosphate, polyphosphate, and19organic forms of phosphorus in a water or wastewater.20

(25) Stream means a body of concentrated flowing water in a natural low area or natural channel on21the land surface.22

(26) Surface waters means all waters of the state as defined in G.S. 143-212 except underground23waters.24

(27) Technical specialist means the same as defined in Rule 15A NCAC 6H .0102(9).25(28) Total Maximum Daily Load, or TMDL, means the same as set forth in federal regulations 4026

CFR 130.2(i) and 130.7(c)(1), which are incorporated herein by reference, including subsequent27

amendments and editions. These regulations may be obtained at no cost from28

http://www.epa.gov/lawsregs/search/40cfr.html or from the U.S. Government Printing Office, 73229

North Capitol St. NW, Washington D.C., 20401.30

(29) Total nitrogen or nitrogen means the sum of the organic, nitrate, nitrite, and ammonia forms31of nitrogen in a water or wastewater.32

(30) Total phosphorus or phosphorus means the sum of the orthophosphate, polyphosphate, and33organic forms of phosphorus in a water or wastewater.34

(31) Transport factor means the fraction ofa dischargedtotal nitrogen ortotalphosphorus load that is35delivered from a specificthe discharge point to Jordan Reservoir, as determined in an approved36

TMDL.37


14/117



12/115

(32) Tree means a woody plant with a DBH equal to or exceeding five inches or a stump diameter1exceeding six inches.2

(33) Wasteload means the mass quantity of a nutrient or pollutant released into surface waters by a3wastewater discharge over a given time period. Wasteloads may be expressed in terms of pounds4

per year and may be expressed as delivered wasteload or an equivalent discharge wasteload.5(34) Wasteload allocation means the same as set forth in federal regulations 40 CFR 130.2(h), which6

is incorporated herein by reference, including subsequent amendments and editions. These7

regulations may be obtained at no cost from http://www.epa.gov/lawsregs/search/40cfr.html or8

from the U.S. Government Printing Office, 732 North Capitol St. NW, Washington D.C., 20401.9

10

11

History Note: Authority G. S. 143-214.1; 143-214.5; 143-214.7; 143-215.3(a)(1); 143-215.6A; 143-215.6B;12

143-215.6C; 143 215.8B; 143B-282(c); 143B-282(d); S.L. 2001-355; S.L. 2005-190; S.L. 2006-13

259;14Eff. July 1, 2008.15


15/117


16/117



14/115

purposes of this Rule, agricultural operations are activities that relate to any of the following1

pursuits:2

(a) The commercial production of crops or horticultural products other than trees. As used in3this Rule, commercial shall mean activities conducted primarily for financial profit.4

(b)

Research activities in support of such commercial production.5(c) The production or management of any of the following number of livestock or poultry at6

any time, excluding nursing young:7

(i) 5 or more horses;8(ii) 20 or more cattle;9(iii) 150 20 or more swine;swine not kept in a feedlot, or 150 or more swine kept in a10

feedlot;11

(iv) 120 or more sheep;12(v) 130 or more goats;13(vi) 650 or more turkeys;14(vii) 3,500 or more chickens; or15(viii) Any single species of any other livestock or poultry, or any combination of16

species of livestock orpoultrypoultry, that exceeds 20,000 pounds of live weight17

at any time.18

(5) METHOD FOR RULE IMPLEMENTATION. This Rule shall be implemented initially by a19Watershed Oversight Committee and, if needed, through a cooperative effort between the20

Watershed Oversight Committee and Local Advisory Committees in each county.county or21

subwatershed. The membership, roles and responsibilities of these committees are set forth in22

Items (8)(7) and (9)(8) of this Rule. Committees activities shall be guided by the following23

constraints:24

(a) The Commission shall determine whether agricultural operations have achieved the25collective nitrogen goals within two years of rule effective date based on input from the26

Watershed Oversight Committee, which shall use the accounting process described in27

Items (8) and (9) of this Rule. Within three years after the effective date of this Rule, the28

Watershed Oversight Committee shall provide the Commission with an initial assessment29

of the extent to which agricultural operations in each subwatershed have achieved the30

nitrogen goals identified in Item (1) of this Rule through activities conducted since the31

baseline period. The Watershed Oversight Committee shall use the accounting process32

described in Items (7) and (8) of this Rule to make its assessment. Should the33

Commission determine at that time that a subwatershed nitrogen goal has not been34

achieved within two years, the Commission shall require the formation ofthen Local35

Advisory Committees shall be formed in that subwatershed according to Item (8) of this36

Rule to further progress toward the goal by developing local strategies to guide37


17/117



15/115

implementation. or consider alternative recommendations from the Watershed Oversight1

Committee on a management strategy for the subwatershed. The2

(b) For any subwatershed identified in Sub-Item (5)(a) of this Rule as not having achieved its3nitrogen goal within three years, the Commission shall within six years after the effective4

date of this Rule again determine, with input from the Watershed Oversight Committee,5whether the subwatershed has achieved its nitrogen goal. Should the Commission6

determine at that time that a subwatershed has not achieved its goal, then it shall require7

additional best management practice (BMP) implementation as needed to ensure that the8

goal is met within nine years after the effective date of this Rule. The Commission may9

also consider alternative recommendations from the Watershed Oversight Committee10

based on its assessment of the practicability of agricultural operations meeting the11

subwatershed goal. Should the Commission require some form of individual compliance,12

then it shall also subsequently approve a framework proposed by the Watershed13

Oversight Committee for allowing producers to obtain credit through offsite measures.14Such offsite measures shall meet the requirements of Rule 15A NCAC 02B .0273(2) 15

(4). The Commission shall review compliance with the phosphorus goals within six16

years of the effective date and shall require additional BMP implementation within any17

subwatershed as needed to meet its goal within an additional three years from that date.18

(b)(c) Should a committee called for under Sub-Item (5)(a) of this Rule not form nor follow19through on its responsibilities such that a local strategy is not implemented in keeping20

with Item (9)(8) of this Rule, the Commission shall require all persons subject to this21

Rule in the affected area to implement BMPs as set forth in Item (7) ofneeded to meet the22

goals ofthis Rule.23

(6) OPTIONS FOR MEETING RULE REQUIREMENTS FOR INDIVIDUAL OPERATIONS.24REQUIREMENTS.If agricultural operations do not collectively meet the nitrogen reduction goals25

within two years as determined under Sub-Item (5)(a) of this Rule, persons subject to this Rule26

shall register their operations with their Local Advisory Committee according to the requirements27

of Item (9) of this Rule within three years of the effective date of this Rule. Such persons may28

elect to implement any Best Management Practices, as set forth in Item (7) of this Rule, they29

choose that are recognized by the Watershed Oversight Committee as nitrogen-reducing or30

phosphorus-reducing BMPs within five years of the effective date of this Rule. Persons who have31

implemented standard BMPs meeting the requirements of Item (7) if this Rule on all lands under32

their control within five years of the effective date of this Rule shall not be subject to any33

additional requirements that may be placed on persons under Item (4) of this Rule. Persons34

subject to this Rule shall adhere to the following requirements:35

(a) If the initial accounting required under Sub-Item (5)(a) of this Rule determines that36agricultural operations have not already collectively met the nitrogen reduction goals,37


18/117



16/115

persons subject to this Rule shall register their operations with their Local Advisory1

Committee according to the requirements of Item (8) of this Rule within four years of2

after the effective date of this Rule. Within six years after the effective date of this Rule,3

such persons are not required to implement any specific BMPs but may elect to4

contribute to the collective local nutrient strategy by implementing any BMPs they5choose that are recognized by the Watershed Oversight Committee as nitrogen-reducing6

or phosphorus-reducing BMPs.7

(b) Should a local strategy not achieve its goal after six years, operations within that local8area may face specific implementation requirements, as described under Sub-Item (5)(b)9

of this Rule.10

(c) Producers may generate nitrogen loading reduction credit for sale to parties subject to or11operating under other nutrient strategy rules in the Jordan watershed under either of the12

following circumstances and only pursuant to the conditions of Sub-Item (7)(b)(vii) and13

Rule 15A NCAC 02B.0273:14(i) If the subwatershed in which they implement nitrogen-reducing practices has15

achieved its nitrogen goal.16

(ii) At any point during the implementation of this Rule, a pasture-based livestock17operation that implements an excluded buffer BMP on part or all of its operation18

may sell that portion of the nitrogen reduction credit attributed to the buffer19

restoration aspect of the practice, while the credit attributed to the exclusion20

aspect shall accrue to the achievement or maintenance of the goals of this Rule.21

(7)STANDARD BEST MANAGEMENT PRACTICES (BMPs). Standard BMPs shall be individual22

BMPs or combinations of BMPs that, when implemented to treat all lands under a producers control,23

achieve a sufficient level of farm stewardship relative to nutrient loss so as to merit individual compliance24

with this Rule. Implementation may have occurred at any time before, during, or after the baseline period,25

and individual compliance shall be contingent on the continued implementation and maintenance of such26

practices. Producers who implement additional practices beyond these requirements may offer any27

nitrogen export reduction credit attributed to the additional practices to parties subject to other rules under28

the Jordan nutrient strategy, subject to approval by the WOC under Sub-Item (8)(b). Standard BMPs shall29

be established for the purposes of this Rule as either of the following:30

(c)Any of the following BMPs and BMP combinations. Technical specifications for these BMPs31

are those approved by the Soil and Water Conservation Commission for the Tar-Pamlico32

agriculture rule.33

(i)Field border and nutrient management;34

(ii)Conservation cover and nutrient management;35

(iii)Riparian herbaceous cover and nutrient management;36

(iv)(20-foot) Forested buffer strip and nutrient management; and37


19/117


20/117



18/115

on the standards set out in Sub-Item (7)(c) of this Rule within one yeartwo years1

after the effective date of this Rule. Rule;2

(ii) Identify and implement future refinements to the accounting methodologies3methods as needed to reflect advances in scientific understanding, including4

establishment or refinement of nutrient reduction efficiencies forBMPs.BMPs;5(iii) Within two three years after the effective date of this Rule, collect data needed6

to conduct initial nutrient loss accounting for the baseline period and the most7

current year feasible, perform this accounting, and determine the extent to which8

agricultural operations have achieved the nitrogen loss goal and phosphorus loss9

trend indicators for each subwatershed. Also evaluate the ability of producers to10

achieve these goals within five years of the effective date, and develop11

recommendations as needed for presentation to the Commission on potential12

alternatives. Present findings to the Water Quality Committee of the13

Commission.Commission;14(iv) Review, approve, and summarize local nutrient strategies if required pursuant to15

Sub-ItemsSub-Item (5)(a) and (9)(c) of this Rule.Rule and according to the16

timeframe identified in Sub-Item (8)(c)(ii) of this Rule. Present Provide these17

strategies to the Commission in an annual report.Division;18

(v) Establish requirements for, review, approve and summarize local nitrogen and19phosphorus loss annual reports as described under Sub-Item (9)(e)(8)(e) of this20

Rule, and present these reports to the Commission Division annually, until such21

time as the Commission determines that annual reports are no longer needed to22

assure long-term maintenance of the nutrient goals.fulfill the purposes of this23

Rule. Present the annual report six years after the effective date to the24

Commission. Should that annual report find that a subwatershed has not met its25

nitrogen goal, include an assessment in that report of the practicability of26

producers achieving the goal within nine years after the effective date, and27

recommendations to the Commission as deemed appropriate;28

(vi) Approve standard BMPs as described in Sub-Item (7)(b).Obtain nutrient29reduction efficiencies for BMPs from the scientific community associated with30

design criteria identified in rules adopted by the Soil and Water Conservation31

Commission, including Rules 15A NCAC 06E .0104 and 15A NCAC 06F32

.0104; and33

(vii) Determine the eligibility of practices implemented by individual producers for34nitrogen export reduction credit, available to parties subject to other rules within35

the Jordan nutrient strategy, pursuant to Sub-Item (7) of this Rule. Quantify the36

nitrogen credit available from such practices. Approve eligible trades, and37


21/117



19/115

ensure that they are accounted for and tracked separately from nitrogen1

compliance accounting for this Rule.Investigate and, if feasible, develop an2

accounting method to equate implementation of specific nitrogen-reducing3

practices on cropland or pastureland to reductions in nitrogen loading delivered4

to streams. Quantify the nitrogen credit generated by such practices for5purposes of selling or buying credits. Establish criteria and a process as needed6

for the exchange of nitrogen credits between parties meeting the criteria of either7

Sub-Item (5)(b) or Sub-Item (6)(c) of this Rule with parties subject to or8

operating under other nutrient strategy rules in the Jordan watershed pursuant to9

the requirements of Rule 15A NCAC 02B .0273 Approve eligible trades, and10

ensure that such practices are accounted for and tracked separately from those11

contributing to the goals of this Rule.12

(c) ACCOUNTING METHODOLOGIES.METHODS. Success in meeting this Rules13 purpose will be gauged by estimating percentage changes in nitrogen loss from14agricultural lands in the Jordan watershed and by evaluating broader trends in indicators15

of phosphorus loss from agricultural lands in the Jordan watershed. The Watershed16

Oversight Committee shall develop accounting methodologiesmethods that meet the17

following requirements:18

(i) The nitrogen methodologymethod shall quantify baseline and annual total19nitrogen losses from agricultural operations in each county, each subwatershed,20

and for the entire watershed.Jordan watershed;21

(ii) The nitrogen and phosphorus methodologiesmethods shall include a means of22tracking implementation of BMPs, including number, type, and area23

affected.affected;24

(iii) The nitrogen methodologymethod shall include a means of estimating25incremental nitrogen loss reductions from actual BMP implementation and of26

evaluating progress toward and maintenance of the nutrient goals from changes27

in BMP implementation, fertilization, individual crop acres,acres and28

agricultural land use acres.acres;29

(iv) The nitrogen and phosphorus methodologiesmethods shall be refined as research30and technical advances allow.allow;31

(v) The phosphorus methodologymethod shall quantify baseline values for and32annual changes in factors affecting agricultural phosphorus loss as identified by33

the phosphorus technical advisory committee established under 15A NCAC 02B34

.0256(f)(2)(C). The methodologymethod shall provide for periodic qualitative35

assessment of likely trends in agricultural phosphorus loss from the Jordan36

watershed relative to baseline conditions.conditions;37


22/117


23/117



21/115

Division of Water Quality, with recommendations from the Director of the Division of1

Soil and Water Conservation and the Commissioner of Agriculture, shall appoint the2

members described in Sub-Items (9)(8)(a)(iii) and (9)(8)(a)(vi) of this Rule from persons3

nominated by nongovernmental organizations whose members produce or manage4

agricultural commodities in each county. county or watershed. Members of the Local5Advisory Committees shall serve at the pleasure of their appointing authority.6

(c) ROLE. The Local Advisory Committees shall:7(i) Contingent on the 2-year determination described in Sub-Item (5)(a) of this8

Rule, conductConduct a registration process for persons subject to this Rule.9

This registration process shall be completed within 36 48 months of after the10

effective date of this Rule. The registration process shall request the type and11

acreage of agricultural operations. It shall provide persons with information on12

requirements and options under this Rule, and on available technical assistance13

and cost share options;14(ii) Contingent on the 2-year determination described in Sub-Item (5)(a) of this15

Rule, developDevelop local nutrient control strategies for agricultural16

operations, pursuant to Sub-Item (9)(8)(d) of this Rule, to meet the nitrogen and17

phosphorus goals assigned by the Watershed Oversight Committee.of this Rule.18

The strategyStrategies shall be submitted to the Watershed Oversight Committee19

no later than 34 46months after the effective date of this Rule;Rule in order to be20

included in the third annual report to the Commission;21

(iii) Ensure that any changes to the design of the local strategy will continue to meet22the nutrient goals of this Rule; and23

(iv) Submit annual reports to the Watershed Oversight Committee, pursuant to Sub-24Item (9)(8)(e) of this Rule, annually until such time as the Commission25

determines that annual reports are no longer needed to fulfill the purposes of this26

Rule.assure long-term maintenance of the nutrient goals.27

(d) LOCAL NUTRIENT CONTROL STRATEGIES. Contingent on the 2-year28determination described in Sub-Item (5)(a) of this Rule, Local Advisory Committees29

shall develop county or watershed nutrient control strategies that meet the following30

requirements. If a Local Advisory Committee fails to submit a nutrient control strategy31

required in Sub-Item (9)(8)(c)(ii) of this Rule, the Commission may develop one based32

on the accounting methodologymethods that it approves pursuant to Sub-Item (8)(7)(b)(i)33

of this Rule. Local strategies shall meet the following requirements:34

(i) Local nutrient control strategies shall be designed to achieve the required35nitrogen loss reduction goals and qualitative trends in indicators of agricultural36

phosphorus loss within fivesix years after the effective date of this Rule, and to37


24/117



22/115

maintain those reductions in perpetuity or until such time as this Rule is revised1

to modify this requirement.2

(ii) Local nutrient control strategies shall specify the numbers, acres, and types of all3agricultural operations within their areas, numbers of BMPs that will be4

implemented by enrolled operations and acres to be affected by those BMPs,5estimated nitrogen and phosphorus loss reductions, schedule for BMP6

implementation, and operation and maintenance requirements.7

(e) ANNUAL REPORTS. The Local Advisory Committees shall be responsible for8submitting annual reports for their counties or watersheds. Annual reports shall be9

submitted to the Watershed Oversight Committee annually until such time as the10

Commission determines that annual reports are no longer needed to fulfill the purposes of11

this Rule.assure long-term maintenance of the nutrient goals. The Watershed Oversight12

Committee shall determine reporting requirements to meet these objectives. Those13

requirements may include information on BMPs implemented by individual farms,14proper BMP operation and maintenance, BMPs discontinued, changes in agricultural land15

use or activity, and resultant net nitrogen loss and phosphorus trend indicator changes.16

17

History Note: Authority G. S. 143-214.1; 143-214.5; 143-214.7; 143-215.3(a)(1); 143-215.6A; 143-215.6B;18

143-215.6C; 143-215.8B(b);143 215.8B; 143B-282(c); 143B-282(d); S.L. 2001-355; S.L. 2005-19

190; S.L. 2006-259;20

Eff. July 1, 2008.21


25/117



23/115


2

15A NCAC 02B .0265 JORDAN WATER SUPPLY NUTRIENT STRATEGY: STORMWATER3

MANAGEMENT FOR NEW DEVELOPMENT4

The following is the stormwater strategy for new development activities within the Jordan watershed, as prefaced in5Rule 15A NCAC 02B .0262:6

(1) PURPOSE. The purposes of this Rule are as follows:7(a) To achieve and maintain the nitrogen and phosphorus loading goals established for8

Jordan Reservoir in Rule 15A NCAC 02B .0262 from lands in the Jordan watershed on9

which new development occurs;occurs. New development is development that occurs10

subsequent to the effective date of, and is subject to, local stormwater management11

programs established under this Rule;12

(b) To provide control for stormwater runoff from new development in Jordan watershed to13ensure that the integrity and nutrient processing functions of receiving waters and14associated riparian buffers are not compromised by erosive flows; and15

(c) To protect the water supply uses of Jordan Reservoir and of designated water supplies16throughout the Jordan watershed from the potential impacts of new development.17

(2) APPLICABILITY. This Rule shall apply to those areas of new development, as defined in Rule1815A NCAC 2B .0263, that lie within the Jordan watershed and the planning jurisdiction of a19

municipality or county municipalities and counties in the Jordan watershed as that is identified in20

Rule 15A NCAC 02B .0262.21

(3) REQUIREMENTS. All local governments subject to this Rule shall develop stormwater22management programs for submission to and approval by the CommissionCommission, to be23

implemented in areas described in Item (2) of this Rule, based on the standards in this item:24

incorporating the following minimum standards:25

(a) An approved stormwater management plan shall be required for all proposed new26development within their jurisdictions disturbing one acre or more for single family and27

duplex residential property and recreational facilities, and one-half acre or more for28

commercial, industrial, institutional, or multifamily residentialresidential, or local29

government property. These stormwater plans shall not be approved by the subject local30

governments unless the following criteria are met:31

(i) Nitrogen and phosphorus loads contributed by the proposed new development32activity in a given subwatershed shall not exceed certain the unit-area mass33

loading rates. rates applicable to that subwatershed as follow for nitrogen and34

phosphorus, respectively, These loading rates shall be calculated as the35

percentage reduction goals established in Rule 15A NCAC 02B .0262 for the36

subwatershed or subwatersheds in which the development occurs, applied to37


26/117



24/115

area-weighted average loading rates of developable lands in the same1

subwatershed or subwatersheds. These area-weighted average loading rates2

shall be derived from land use and loading data representative of the baseline3

period defined in Rule 15A NCAC 02B .0262. Initial values for nitrogen and4

phosphorus loading rate targets respectively in each subwatershed shall be the5following, expressed in units of pounds per acre per year: 2.2 and 0.82 in the6

Upper New Hope; 4.4 and 0.78 in the Lower New Hope; and 3.8 and 1.43 in the7

Haw. The Division may adjust these initial values based on improved land use8

and loading data or based on modifications to the strategy reduction goals in9

Section (7) of Rule 15A NCAC 02B .0262. The developer shall determine the10

need for engineered stormwater controls to meet these loading rate targets by11

using the loading calculation method called for in Sub-Item (4)(a) or other12

similar equivalent method acceptable to the Division.13

(ii) Proposed new development undertaken by a local government solely as a public14road project shall be deemed compliant with the purposes of this Rule if it meets15

the riparian buffer protection requirements of Rules 15A NCAC 02B .0267 and16

.0268.17

(ii)(iii) Proposed new development subject to NPDES, water supply, and other state-18mandated stormwater regulations shall comply with those regulations in addition19

to the other requirements of this Sub-Item. Proposed new development in any20

water supply watershed in the Jordan watershed designated WS-II, WS-III, or21

WS-IV shall comply with the density-based restrictions, obligations, and22

requirements for engineered stormwater controls, clustering options, and 10/7023

provisions described in Sections (3)(b)(i) and (3)(b)(ii) of the applicable Rule24

among Rules 15A NCAC 02B .0214 through .0216;25

(iii)(iv) Stormwater systems shall be designed to control and treat the runoff generated26from all surfaces by one inch of rainfall. The treatment volume shall be drawn27

down no faster than 48 hours and no slower than 120 hours.pursuant to28

standards specific to each practice as provided in the July 2007 version of the29

Stormwater Best Management Practices Manual published by the Division, or30

other at least technically equivalent standards acceptable to the Division.31

Treatment systems shall achieve an 85 percent average annual removal rate for32

Total Suspended Solids. To ensure that the integrity and nutrient processing33

functions of receiving waters and associated riparian buffers are not34

compromised by erosive flows, stormwater flows from the new development35

shall not contribute to degradation of waters of the State. At a minimum, the36


27/117



25/115

new development shall not result in a net increase in peak flow leaving the site1

from pre-development conditions for the one-year, 24-hour storm event;2

(iv)(v) Proposed new development that would replace or expand structures or3improvements that existed as of December 2001, the end of the baseline period,4

and that would not result in a net increase in built-upon area shall not be5required to meet the nutrient loading targets or high-density requirements except6

to the extent that it shall provide at least equal stormwater control at least equal7

to the previous development. Proposed new development that would replace or8

expand existing structures or improvements and would result in a net increase in9

built-upon area shall have the option to eitherto achieve at least the percentage10

loading reduction goals stated in Rule 15A NCAC 02B .0262 as applied to11

nitrogen and phosphorus loading from the previous development for the entire12

project site, or to meet the loading rate targets described in Section (3)(a)(i).13

These requirements shall supersede those identified in Rule 15A NCAC 02B14.0104(q);15

(v)(vi) Proposed new development shall comply with the riparian buffer protection16requirements of Rules 15A NCAC 02B .0267 and .0268; and17

(vi)(vii) Developers shall have the option ofpartially offsettingpart oftheir nitrogen and18 phosphorus loads by implementing or funding offsite management19

measures.measures as follows: These offsite offsetting measures shall achieve20

at least equivalent reductions in nitrogen and phosphorus loading to the21

remaining reduction needed onsite to comply with Sub-Item (3)(a)(i) of this22

Rule. Before using offsite offset options, a development shall attain a maximum23

nitrogen loading rate on-site of four pounds per acre per year for single-family,24

detached and duplex residential development and eight pounds per acre per year25

for other development, including multi-family residential, commercial and26

industrial and shall meet any requirements for engineered stormwater controls27

described in Section (3)(a)(iii) of this Rule.Developers Offsite offsetting28

measures shall achieve at least equivalent reductions in nitrogen and phosphorus29

loading to the remaining reduction needed onsite to comply with the loading rate30

targets set out in Sub-Item (3)(a)(i) of this Rule. A developermay utilize the31

offset option provided in Rule 15A NCAC 02B .0240 for this purpose,32

contingent upon acceptance of their offset proposals by the NC Ecosystem33

Enhancement Program. make offset payments to the NC Ecosystem34

Enhancement Program contingent upon acceptance of payments by that35

Program. Alternatively, developersA developer may use an offset option36

provided by the local government in which the development activity37


28/117



26/115

occurs.occurs, provided that the local government has received prior approval1

from the Division for the offsetting activity pursuant to Rule 15A NCAC 02B2

.0269. A developer may propose other offset measures to the local government,3

including providing his or her own offsite offset or utilizing a private seller. All4

offset measures identified in this Sub-Item shall meet the requirements of Rule515A NCAC 02B .0273 (2) through (4).Before using off-site offset options, the6

development shall meet any requirements for engineered stormwater controls7

described in Section (3)(a)(ii) of this Rule and under NPDES Phase II8

regulations, and shall attain a maximum nitrogen loading rate of four9

pounds/acre/year for single-family, detached and duplex residential development10

and 8 pounds/acre/year for other development, including multi-family11

residential, commercial and industrial.12

(b) A plan to ensure maintenance of best management practices (BMPs) implemented as a13result of the provisions in Sub-Item (3)(a) of this Rule for the life of the development;14

(c) A plan to ensure enforcement and compliance with the provisions in Sub-Items Sub-Item15(3)(a) of this Rule for the life of the new development; and16

(d) The following requirements in water supply Rule 15A NCAC 02B .0104 shall apply to17new development throughout the Jordan watershed:18

(i) Requirements in Section (f) for local governments to assume ultimate19responsibility for operation and maintenance of high-density stormwater20

controls, to enforce compliance, to collect fees, and other measures;21

(ii) Variance procedures in Section (r);22(iii) Assumption of local programs by the Commission in Section (x); and23(iv) Delegation of Commission authorities to the Director in Section (aa); and(aa).24(v) Other development-related requirements in Rule 15A NCAC 02B .0104, unless25

expressly modified by requirements in this Rule, shall also apply throughout26

Jordan watershed.27

(4) RULE IMPLEMENTATION. This Rule shall be implemented as follows:28(a) Within 12 18 months after the effective date of this Rule, the Division shall submit a29

model local stormwater program, including a model local ordinance, in conjunction with30

similar requirements in Rule 15A NCAC 02B .0266, that embodies the criteria described31

in Item (3) of this Rule to the Commission for approval. The model program shall32

include a tool that will allow developers to account for nutrient loading from33

development lands and loading changes due to BMP implementation to meet the34

requirements of Item (3) of this Rule. The accounting tool shall utilize nutrient35

efficiencies and associated design criteria established for individual BMPs in the July36

2007 version of the Stormwater Best Management Practices Manual published by the37


29/117



27/115

Division, or other at least technically equivalent standards acceptable to the Division. 1

The Division shall work in cooperation with subject local governments and other2

watershed interests in developing this model program;3

(b) Within six months after the Commissions approval of the model local stormwater4 program, program and model ordinance, subject local governments shall submit5stormwater management programs, in conjunction with similar requirements in Rule 15A6

NCAC 02B .0266, to the Division forpreliminary approval. These local programs shall7

meet or exceed the requirements in Item (3) of this Rule;Rule and minimum criteria8

established in the model;9

(c) Within 15 months after the Commissions approval of the model local stormwater10program, the Division shall request the Commissions approval of the local stormwater11

management programs; provide recommendations to the Commission on local12

stormwater programs. The Commission shall either approve the programs or require13

changes based on the standards set out in Item (3) of this Rule. Should the Commission14require changes, the applicable local government shall have two months to submit15

revisions, and the Division shall provide follow-up recommendations to the Commission16

within two months after receiving revisions;17

(d) Within 18 months after the Commissions approval of the model local stormwater18program, three months after the Commissions approval of a local program, or upon the19

Divisions first renewal of a local governmentsNational Pollutant Discharge Elimination20

System (NPDES)NPDES stormwater permit, whichever occurs later, subject the affected21

local governmentsgovernment shall complete adoption of and implement their its local22

stormwater managementprograms;program; and23

(e) Upon implementation, subject local governments shall submit annual reports to the24Division summarizing their activities in implementing each of the requirements in Item25

(3) of this Rule, including changes to nutrient loading due to implementation of Sub-Item26

(3)(a) of this Rule.27

(5) RELATIONSHIP TO OTHER REQUIREMENTS. Local governments shall have the following28options with regard to satisfying the requirements of other rules in conjunction with this Rule:29

(a) A local government may in its program submittal under Sub-Item (4)(b) of this Rule request30that the Division accept the local governments implementation of another stormwater31

program or programs, such as NPDES municipal stormwater requirements, as satisfying one32

or more of the requirements set forth in Item (3) of this Rule. The Division will provide33

determination on acceptability of any such alternatives prior to requesting Commission34

approval of local programs as required in Sub-Item (4)(c) of this Rule. The local government35

shall include in its program submittal technical information demonstrating the adequacy of the36

alternative requirements. Where requirements of this Rule exceed those in an NPDES permit,37


30/117



28/115

a local government shall meet the requirements of this Rule upon the first renewal of its1

NPDES permit.2

(b)Local governments that are required to reduce nutrient loading from existing development3

under Rule 15A NCAC 02B .0266 may require new development to achieve load reductions in4

excess of those required to meet the unit-area mass loading rate targets described in this Rule and5credit the additional reductions toward the loading goals for existing developed areas.6

7

History Note: Authority G. S. 143-214.1; 143-214.5; 143-214.7; 143-214.12; 143-214.21; 143-215.3(a)(1); 143-8

215.6A; 143-215.6B; 143-215.6C; 143-282(d); 143-215.8B(b);143 215.8B; 143B-282(c); 143B-9

282(d); S.L. 2005-190; S.L. 2006-259;10

Eff. July 1, 200811


31/117



29/115


2

15A NCAC 02B .0266 JORDAN WATER SUPPLY NUTRIENT STRATEGY: STORMWATER3

MANAGEMENT FOR EXISTING DEVELOPMENT4

This Rule establishes an adaptive approach by which municipalities and counties are to contribute to achieving the5nonpoint source loading goals of the Jordan nutrient strategy by reducing or otherwise offsetting nutrient6

contributions from existing developmentexisting developed lands. It provides local governments three and one-half7

years to conduct feasibility studies from which they shalldevelop plans that propose the pace and nature of8

implementation actions in plans to the Division, which they shall initiate within four and one-halfyears after the9

effective date of this Rule as specified in Sub-Item (4). The following is the watershed stormwater strategy for10

existing development in the Jordan watershed, as prefaced in Rule 15A NCAC 02B .0262:11

(1) PURPOSE. The purposes of this Rule are as follows:12(a) To contribute to achieving achieve and maintaining maintain the nonpoint source13

nitrogen and phosphorus percentage reduction goals established for Jordan Reservoir in14Rule 15A NCAC 2B .0262 on nutrient loading from existing development in the Jordan15

watershed relative to the baseline period defined in that Rule.Rule by reducing loading16

from existing development in the Jordan watershed. Existing development is17

development that exists is defined in Rule 15A NCAC 2B .0263; andas of the effective18

date of local stormwater management programs established under Rule 15A NCAC 02B19

.0265, or development that occurs after the effective date of those programs but is not20

subject to the requirements of those programs, such as vested projects and redevelopment21

that does not yield a net increase in built-upon area.22

(b) To protect the water supply uses of Jordan Reservoir and of designated water supplies23throughout the Jordan watershed.24

(2) APPLICABILITY. This Rule shall apply to municipalities and counties in the Jordan watershed25as identified in Rule 15A NCAC 02B .0262. .0262(6). A local governments load reduction need26

shall be based on the developed lands that fall within its general police powers and within the27

Jordan watershed. The load reduction need shall not include lands under state or federal control,28

and a county shall not include lands within its jurisdictional boundaries that are under municipal29

police powers.30

(3) REQUIREMENTS. All local governments subject to this Rule shall develop stormwater31management programs for submission to and approval by the Commission that include the32

following elements and meet according to the following associated minimum standards:33

(a) A load reduction program for achieving sustained and maintaining nutrient loading34reductions from existing development. This program shall meet the following criteria:35

(i) The long-term objective of this load reduction program shall be for a local36government to achieve the percentage nutrient loading load reduction goals in37


32/117



30/115

Item (3) of Rule 15A NCAC 02B .0262 relative to annual mass loading load, in1

pounds per year, representative of the baseline period defined in that Rule and as2

applied toreaching Jordan Reservoir from existing development developed lands3

under the local governments land use authoritypolice powers within each of the4

three subwatersheds, defined in that rule, that fallsfall within its jurisdiction.5The load reduction need shall not include lands under state or federal control,6

and a county shall not include lands within its jurisdictional boundaries that are7

under municipal police powers. Loading shall be calculated by applying the8

Tar-Pamlico Nutrient Export Calculation Worksheet, Piedmont Version, dated9

October 2004, or an equivalent or more accurate method acceptable to the10

Division, to acreages of different types of existing development. To provide11

local governments spatial latitude to obtain reductions in different locations,12

loads thus calculated shall be converted to delivered loads to Jordan Reservoir13

using transport factors established in the Division document, Nitrogen and14Phosphorus Delivery from Small Watersheds to Jordan Lake, dated June 30,15

2002. In addressing this long-term objective, aA local government shall include16

estimates of, and plans for offsetting, nutrient loading increases from lands17

developed subsequent to the baseline period but prior to implementation of new18

development programs. For these post-baseline developed lands, the new19

loading rate shall be compared to the applicable loading rate target in Sub-Item20

(3)(a)(i) of Rule 15A NCAC 02B .0265 for the subwatershed and acres21

involved, and the difference shall constitute the load reduction need. Should22

percentage reduction goals be adjusted pursuant to Section (7) of Rule 15A23

NCAC 02B .0262, then the annual loading goals established in this Sub-Section24

shall be adjusted accordingly. Note: A local government may seek supplemental25

funding for implementation of load-reducing activities through grant sources26

such as the North Carolina Clean Water Management Trust Fund, the North27

Carolina Clean Water Act Section 319 Grant Program Program, or other funding28

programs for nonpoint sources;29

(ii) The load reduction program shall include a plan and supporting technical30analysis for achieving half of each load reduction goal within 10 years after the31

effective date of this Rule. A load reduction program may propose an32

alternative compliance timeframe provided it includes a technical analysis that33

demonstrates the need for that timeframe. At 10 years after the effective date of34

this Rule, the local government shall submit a revised load reduction program35

that shall include a plan and timeframes for achieving the remainder of each36

load reduction goal based on additional technical analysis. A program technical37


33/117



31/115

analysis shall examine the feasibility of achieving stated goals and shall consider1

factors such as magnitude of reduction need relative to area within a2

subwatershed, the potential for utilizing the range of load-reducing activities3

listed in Sub-Item (3)(a)(iv), and relative costs and efficiencies of each activity4

to the extent information is available. The load reduction program shall propose5implementation rates and timeframes for each activity. The results of a6

feasibility study to determine the extent to which the loading goals referenced in7

this Rule may be achieved from existing development within a local8

governments jurisdiction through reducing activities. The local government9

shall develop a proposed implementation rate and compliance schedule for10

reducing activities. This schedule shall provide for reasonable and11

steadyproportionate annual progress toward reduction goals throughout the12

proposed compliance period; the reduction goals as practicable, that is, capable13

of being put into practice, done, or accomplished.14(iii) The load reduction program shall identify specific load-reducing practices15

implemented to date subsequent to the baseline period and for which the local16

government is seeking credit. It shall estimate load reductions for these17

practices using methods provided for in Sub-Item (4)(a),(4)(b), and their18

anticipated duration;19

(iv) The load reduction program shall identify the types of activities the local20government intends to implement and types of existing development affected,21

relative proportions or a prioritization of practices, and the relative magnitude of22

reductions it expects to achieve from each. A local government may earn23

reduction credit toward the requirements of this Item for any nitrogen or24

phosphorus load reductions in excess of those required by other rules in this25

Chapter. The program shall identify the duration of anticipated loading26

reductions, and should may seek activities that provide sustained, long-term27

reductions. The load reduction program shall meet the requirements of Rule28

15A NCAC 02B .0273. Potential load-reducing activities may include but29

would not be limited to stormwater activities such as street sweeping,sweeping;30

improvement of existing ponds and stormwater structures; removal of existing31

built-upon area, area; retrofitting of existing development with engineered best32

management practices (BMPs),(BMPs); requiring treatment of runoff in33

redevelopment projects, projects; requiring over-treatment of runoff in new34

development projects, projects; source control activities such as pet waste35

reduction and fertilization reduction; alternative stormwater practices such as36

rain barrels, cisterns, downspout disconnections, and stormwater capture and37


34/117



32/115

reuse; restoration of ecological communities such as streams and riparian1

buffers; and adoption of fertilizer management ordinances or fertilizer education2

programs, and wastewater activities such as overtreatment atcreation of surplus3

allocation through advanced treatment at publicly owned treatment works4

(POTW), expansion of surplus allocation through regionalization, collection5system improvements, removal of illegal discharges, and connection of onsite6

wastewater systems and discharging sand filter systems to central sewer;7

(v) The load reduction program shall identify anticipated funding mechanisms or8sources and discuss steps taken or planned to secure such funding; and9

(vi) A municipality shall have the option of working with the county or counties in10which it falls, or with another municipality or municipalities within the same11

subwatershed, to jointly meet the loading targets from all lands within their12

combined jurisdictions within a subwatershed. A local government may utilize13

private or third party sellers. All reductions shall meet the requirements of Rule1415A NCAC 02B .0273; and15

(vii) A local government may choose to conduct monitoring of stream flows and16runoff from catchments to quantify disproportionately high loading rates relative17

to those used in the accounting methods stipulated under Sub-Item (4)(b), and to18

subsequently target load-reducing activities to demonstrated high-loading source19

areas within such catchments for proportionately greater load reduction. A local20

government may propose such actions in its initial load reduction program21

submittal or at any time subsequent, and shall obtain Division approval of the22

monitoring design. It shall obtain Division approval of any resulting load23

reduction benefits based on the standards set out in this Rule. As set out in Item24

(4) of this Rule, a local government that chooses such monitoring initially may25

delay submittal of its load reduction program by one year for the purpose of26

incorporating monitoring findings into its program design provided it submits to27

the Division within six months of the effective date of this Rule a satisfactory28

monitoring proposal involving at least one year of up-front monitoring, executes29

the monitoring, and provides the results to the Division as part of its load30

reduction program submittal.31

(b) An existing development administrative program that includes the following components32and meets the applicable standards set out in 40 CFR 122.34 and the most recent version33

of NC NPDES General Permit NCG 230000:34

(i) A component to ensure maintenance of load reductions achieved as a result of35the provisions in Sub-Item (3)(a) of this Rule for the life of the development;36


35/117



33/115

(c)(ii) A public education program component to inform citizens, business, and1industry of how to reduce nutrient pollution, pollution including education on2

home fertilization practices;3

(d)(iii) A mapping program component that includes major components of the4municipal separate storm sewer system, waters of the State, land use types, and5location of sanitary sewers; and6

(b)(iv) Aprogram component to identify and remove illegal discharges.7(4) RULE IMPLEMENTATION. This Rule shall be implemented as follows:8

(a) Within six months after the effective date of this Rule, any local government that intends9to use water quality monitoring to guide the initial design of its load reduction program10

shall provide a monitoring design to the Division. The Division shall notify any such11

local government of the adequacy of its design within three months of submittal. If a12

local governments monitoring design is deemed adequate, it may delay submittal of its13

load reduction program by up to one year from the timeframe given in Sub-Item (4)(f) of14this Rule, whereupon the same time interval would be added to the approval and15

implementation timeframes given in Sub-Items (4)(g) (4)(i) of this Rule;16

(a)(b) Within 12 18 months after the effective date of this Rule, the Division shall submit a17model local stormwaterprogram, in conjunction with similar requirements in Rule 15A18

NCAC 02B .0265, that embodies the criteria described in Item (3) of this Rule, including19

model local ordinances as applicable, and including methods to quantify loading20

reduction requirements, requirements and resulting loading reduction assignments for21

individual local governments, and methods to account for loading reductions reduction22

credits from various activities, to the Commission for approval. The Division shall work23

in cooperation with subject local governments and other watershed interests in24

developing this model program;25

(b)(c) Within six months after the Commissions approval of the model local stormwater26 program, program and model ordinance, subject local governments shall submit27

stormwater managementexisting development administrative programs programs, in28

conjunction with similar requirements in Rule 15A NCAC 02B .0265, that meet or29

exceed the requirements of Sub-Item (3)(b) of this Rule to the Division for review and30

preliminary approval;approval. Except for the requirements in Sub-Item (3)(a) of this31

Rule, local programs shall address and meet or exceed the requirements in Item (3) of this32

Rule and ensuing minimum criteria established in the model;33

(c)(d) Within 15 12 months of the Commissions approval of the model local stormwater34program, the Division shall request the Commissions approval of the local stormwater35

manageme

jordan nutrient rules approved by the rrc on november 20,

Documents