North Carolina Administrative Code

15A NCAC 02I .0102 DEFINITIONS The terms used herein shall be as defined in G.S. 143-213 and 150B-2 and as follows: (1) "Commission" means the North Carolina Environmental Management Commission. (2) "Department" means the Department of Environmental Quality, and its successor. (3…

15A NCAC 02I .0103 DELEGATIONS Unless otherwise directed by the Chair of the Commission, pursuant to Rule .0105 of this Section, the Director is authorized to designate hearing officers, establish the hearings, issue notices and perform other administrative functions in accordanc…

15A NCAC 02I .0104 AUTHORIZED HEARING OFFICERS History Note: Authority G.S. 143-215.4(e); 150B-32; Eff. February 1, 1976; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 16, 2019; Repealed Eff. February 1, 2021.

15A NCAC 02I .0105 REQUIREMENTS OF HEARING OFFICER OR PANEL Notwithstanding Rule .0103 of this Section, the Chair of the Commission may designate one or more of Commission members as hearing officer(s) for any hearing. A Commission member may be designated based on factors such a…

15A NCAC 02I .0106 DEPARTMENT HEARING RULES History Note: G.S. 87-87; 87-92; 143-215.3(a)(1); 143-215.4; 150B-14; Eff. May 1, 1986; Repealed Eff. February 1, 2021.

SECTION .0200 - RULE MAKING HEARINGS: NOTICE: PROCEDURES 15A NCAC 02I .0201 REQUIREMENT History Note: Authority G.S. 150B-12; Eff. February 1, 1976; Repealed Eff. July 1, 1988.

15A NCAC 02I .0202 NOTICE History Note: Authority G.S. 150B-12; 143-214.1(e); 143-215.13(c); 87-87; Eff. February 1, 1976; Repealed Eff. March 1, 1988.

15A NCAC 02I .0203 PROCEDURES (a) Any person desiring to comment on the proposed action may do so either in writing or by oral presentation. Any person may file a written statement or argument concerning the proposed action prior to the close of the hearing record. (b) The hearin…

SECTION .0400 - SPECIAL HEARINGS 15A NCAC 02I .0401 CLEAN WATER BOND ACT: REQUESTS: NOTICE: PROCEDURE History Note: Authority 1971 Session Laws c. 909; 1973 Session Laws c. 232; Eff. February 1, 1976; Repealed Eff. July 1, 1988.

15A NCAC 02I .0402 WATER QUALITY DISCHARGE PERMITS: NOTICE: PROCEDURES History Note: Authority G.S. 143-215.1(c)(3); Eff. February 1, 1976; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 16, 2019; Repealed Eff. February 1, 2021.

SECTION .0500 - PETITIONS FOR RULEMAKING 15A NCAC 02I .0501 FORM AND CONTENTS OF PETITION (a) Any person wishing to request the adoption, amendment, or repeal of a rule of the Commission shall make the request in a petition addressed to the Director of the appropriate division of…

15A NCAC 02I .0502 REVIEW BY A COMMITTEE OF THE COMMISSION (a) The Chair of the Commission may refer complete petitions to the appropriate subject area Committee of the Commission for review and recommended action. Copies of petitions for rulemaking shall be distributed to the Co…

15A NCAc 02I .0503 PRESENTATION TO THE COMMISSION (a) Petitions for rulemaking shall be presented to the Commission for its consideration and determination at a meeting of the Commission within 120 days following the date of submittal of the petition to the appropriate Division p…

15a ncac 02i .0504 RECOURSE TO DENIAL OF PETITION History Note: Authority G.S. 143B-282; 150B-20; Eff. April 1, 2003; Repealed Eff. February 1, 2021.

SECTION .0600 - DECLARATORY RULINGS 15A NCAC 02I .0601 ISSUANCE OF DECLARATORY RULING At the request of any person aggrieved, as defined in G.S. 150B-2(6), the Commission may issue a declaratory ruling as provided in G.S. 150B-4 and the Rules of this Section. History Note: Author…

15a ncac 02I .0602 PROCEDURE FOR SUBMISSION OF PETITION (a) All requests for a declaratory ruling shall be filed with the Director of the appropriate Division and a copy in electronic form shall also be sent to the Recording Clerk of the Commission: Director Division of Air Quali…

15a ncac 02I .0603 DISPOSITION OF REQUEST (a) The Chair of the Commission shall make a determination on the completeness of the request for declaratory ruling based on the requirements of this Section. (b) Before the Commission decides the merits of the request, the Chair of the …

SUBCHAPTER 02J - CIVIL PENALTIES 15A NCAC 02J .0101 PURPOSE AND SCOPE History Note: Authority G.S. 143-215.3(a)(1); Eff. February 1, 1976; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 16, 2019; Repealed Eff. January 1, 2021.

15A NCAC 02J .0105 AMOUNT OF ASSESSMENT History Note: Authority G.S. 87-87; 87-94; 143-215.3(a); 143-215.6(a); 143-215.17(b); 143-215.36(b); 143-215.91(a); 143-215.114(a); Eff. February 1, 1976; Amended Eff. May 1, 1986; June 1, 1981; Repealed Eff. July 1, 1988.

15A NCAC 02K .0103 PURPOSE The rules and regulations contained in this Subchapter are intended to carry out the purposes of the Dam Safety Law of 1967, as expressed in G.S. 143-215.24 which authorizes the implementation of a dam inspection and certification program in the interes…

15A NCAC 02K .0104 DEFINITIONS As used in this Subchapter, the following terms have their stated meaning: (1) "Applicant" means any person who has notified the department that he or she desires to construct, repair, alter, or remove a dam and requests approval by the department. …

15A NCAC 02K .0105 CLASSIFICATION OF DAMS (a) For the purposes of this Subchapter, dams shall be divided into three classes, which shall be known as class A (low hazard), class B (intermediate hazard), and class C (high hazard): (1) Class A includes dams located where failure may…

SECTION .0200 - OBTAINING APPROVAL FOR DAM CONSTRUCTION: REPAIR:OR REMOVAL 15A NCAC 02K .0201 APPLICATIONS (a) Any person(s) who proposes to construct, repair, alter or remove a dam must file with the Director a statement concerning the location of the dam, including the name of …

15A NCAC 02K .0202 CERTIFICATE OF APPROVAL (a) Approval of construction, repair, alteration, or removal of a dam will be contained in a certificate called a "Certificate of Approval" to be issued by the Director. A Certificate of Approval is a letter from the Director constitutin…

15A NCAC 02K .0203 PROFESSIONAL ENGINEER REQUIREMENTS The design, preparation of the plans and specifications, inspection of the construction of or on the dam, and certification that the dam was constructed, repaired, altered, or removed according to the plans approved by the Dir…

15A NCAC 02K .0204 INVESTIGATIONS (a) General. The applicant shall be required to complete all investigations prior to submission of the final plans and application. The scope and the degree of precision that will be required for a specific project will depend on the conditions o…

15A NCAC 02K .0205 SPILLWAY DESIGN (a) All dams shall have a spillway system with capacity to pass a flow resulting from a design storm indicated in (e) of this Rule for a hazard classification appropriate for the dam, unless the applicant provides calculations, designs, and plan…

15A NCAC 02K .0206 CONDUITS (a) A conduit shall be provided to drain each reservoir. The conduit design shall include the computation of the minimum time required to drain the reservoir. (b) All pipe conduits shall convey water at the design velocity without damage to the interio…

15A NCAC 02K .0207 SEEPAGE CONTROL (a) All dams shall be designed and constructed to prevent the development of instability due to excessive seepage forces, uplift forces, or loss of materials in the embankment, abutments, spillway areas, or foundation. Seepage analysis for desig…

15A NCAC 02K .0208 STRUCTURAL STABILITY AND SLOPE PROTECTION (a) Design and construction of dams to assure structural stability shall be consistent with modern engineering practice. The scope and degree of precision that will be required for a specific project will depend on the …

15A NCAC 02K .0209 DESIGN LIFE OF A DAM AND RESERVOIR (a) The selection of materials and equipment to be used in a dam and all of its appurtenant features shall either be based on sufficient quality and durability to satisfactorily function throughout the design life or shall pro…

15A NCAC 02K .0210 SEDIMENT CONTROL Sediment control related to earth moving activities involved in construction or repair of dams shall be provided in accordance with the North Carolina Sediment Pollution Control Act of 1973 (G.S. 113A-50 through 113A-66). Devices for sediment c…

15A NCAC 02K .0211 WASTE TREATMENT AND MINE REFUSE DAMS (a) Waste treatment and mine refuse dams and reservoirs shall conform to all requirements of this Subchapter. In addition to the requirements of Rule .0105 of this Subchapter, a waste treatment or mine refuse dam may be clas…

15A NCAC 02K .0212 ADDITIONAL DESIGN REQUIREMENTS (a) All elements of the dam and reservoir shall conform to generally accepted engineering standards. The safety factors, design standards, and design references that are used shall be included with the final design report and the …

15A NCAC 02K .0213 CONSTRUCTION SCHEDULE The applicant shall submit a construction schedule that includes: (1) Techniques and work force to be used to insure that the dam is constructed according to the plans and specifications; (2) A construction schedule that includes the estim…

15A NCAC 02K .0214 PROPOSED CHANGES IN DESIGN The owner shall notify the director of any proposed changes in design, plans, and specifications that will affect the stability of the dam. Approval must be obtained from the Director prior to installation. This approval shall be in t…

15A NCAC 02K .0215 AS-BUILT PLANS Two complete sets of as-built plans shall be submitted to the Director within 30 days of completion of the project. History Note: Authority G.S. 143-215.30; 143-215.31; Eff. June 15, 1980; Pursuant to G.S. 150B-21.3A, rule is necessary without su…

15A NCAC 02K .0216 ENGINEER'S CERTIFICATION The engineer who has inspected the construction of or on the dam shall submit written certification bearing his professional seal, unless exempted under the provisions of G.S. 89C-25, that the dam and all appurtenances have been built, …

15A NCAC 02K .0217 AUTHORITY FOR INSPECTION Authorized personnel of the department may make inspection during construction as deemed necessary to ensure that the structure is being built in conformance with the Certificate of Approval issued. Said inspections do not relieve the e…

15A NCAC 02K .0218 EXEMPTIONS History Note: Authority G.S. 143-215.21; 143-215.31; Eff. June 15, 1980; Amended Eff. November 1, 1985; Repealed Eff. July 1, 1988.

15A NCAC 02K .0219 ACCEPTABLE DESIGN: PROCEDURES AND TECHNICAL REFERENCES The following represent acceptable design procedures and references: (1) the design procedures, manuals, and criteria used by the United States Corps of Engineers; (2) the procedures, manuals, and criteria …

15A NCAC 02K .0220 GRANTING OF FINAL APPROVAL (a) Unless the Director has reason to believe that the dam, as completed, is unsafe or not in compliance with any applicable requirement, regulation, or law, the Director, upon completion of construction and upon receipt of the engine…

15A NCAC 02K .0221 DELEGATION OF AUTHORITY The Director has the authority to: (1) issue approval, disapproval, or approval subject to conditions for proposed construction, repair, alteration or removal of dams; (2) require progress reports, issue notices of non-compliance and ord…

15A NCAC 02K .0222 APPLICATION PROCESSING FEES (a) A nonrefundable minimum application processing fee, in the amount stated in Paragraph (d)(1) of this Rule, shall be paid when an application for construction or removal of a dam is filed in accordance with 15A NCAC 2K .0201. Each…

15A NCAC 02K .0223 DAM HEIGHT AND STORAGE DETERMINATION (a) For the purpose of determining size classification, the height of a dam shall be measured from the highest point on the crest of the dam to the lowest point on the downstream toe. (b) The total storage capacity of a dam …

15A NCAC 02K .0224 ADDITIONAL REQUIREMENTS FOR DAMS that IMPOUND Coal Combustion Residuals (a) For the purposes of this Rule: (1) "CCR" means Coal Combustion Residuals. (2) "CCR unit" means any CCR landfill, CCR surface impoundment, or lateral expansion of a CCR unit, or a combin…

SECTION .0300 - INSPECTIONS: DAM SAFETY ORDERS 15A NCAC 02K .0301 INSPECTION BY THE DEPARTMENT (a) Schedule of Inspections (1) All class A and B dams shall be inspected at least once every five years. (2) Class C dams shall be inspected at least once every two years. (b) At any t…

15A NCAC 02K .0302 DAM SAFETY ORDERS (a) The Director may issue an order directing the owner(s) of a dam to make, in not less than 90 days from issuance of the order and at the owner(s) expense, any maintenance, alteration, repairs, reconstruction, or change in construction upon …

SECTION .0500 - MINIMUM STREAM FLOWS TO MAINTAIN AQUATIC HABITAT 15A NCAC 02K .0501 DEFINITIONS (a) Aquatic habitat shall be divided into three classes - "poor," "moderate," and "good." (1) Streams with poor aquatic habitat are those which have a "poor" fish assemblage rating, an…

15A NCAC 02K .0502 REQUIRED MINIMUM FLOW FOR DAMS (NOT SMALL HYDRO PROJECTS) (a) A dam operated by a small power producer, as defined in G.S. 62-3(27a), that diverts water from 4,000 feet or less of the natural stream bed, shall be exempt from this Rule. (b) A dam proposed for a …