Public notice: The Environmental Management Commission is intending to amend the rule, 15A NCAC 02B .0309, in connection with the reclassification of waters in the Yadkin-Pee Dee River Basin. Read the full notice published online in the North Carolina Register.
Background: The EMC is proposing to amend the classification of the following waters to Class WS-IV or Class WS-V: portions of the Yadkin River, South Yadkin River, Deals Creek, Second Creek, Beaverdam Creek, Walnut Branch, Setman Branch, Fourth Creek, Peeler Creek, Cody Creek, Dutchman Creek, Humpy Creek and associated tributaries. The affected surface waters are in Rowan, Davie and Davidson counties.
The proposed classification is requested by Salisbury-Rowan Utilities to relocate their existing pump station and raw water intake to a location approximately 2,100 feet downstream in the Yadkin River (including upper portion of High Rock Lake below normal operating level). The existing intake is affected by increased sedimentation and flooding. Relocating the intake will improve resiliency of the water supply capabilities during and following floods. The new combined intake structure and pump station is within the boundary of High Rock Lake and would draw water from not only the Yadkin River, but also the South Yadkin River, Deals Creek, and associated tributaries, which necessitates the reclassification of these waterbodies to the Water Supply classification.
A use and value demonstration study, as required by the federal Clean Water Act, was conducted on the waters proposed to be reclassified and concluded that they meet the classification requirements.
If reclassified, restrictions affecting new landfills, sites that land apply sludge and residuals, development density, and industrial process wastewater discharges would apply. Based on zoning and current conditions in the area, the reclassification is anticipated to have no effect on current practices, including no effect on farming practices.
The associated Regulatory Impact Analysis was certified by OSBM on June 11.
Comments: Public comments will be accepted between August 15 and October 14, 2024. Comments may be submitted to: Elizabeth Liebig, DEQ-DWR Water Planning Section, 1611 Mail Service Center, Raleigh, NC, 27699-1611, or by email to elizabeth.liebig@deq.nc.gov.
Public hearing: A public hearing has been scheduled for 6 p.m. Oct. 10 at the Rowan-Cabarrus Community College North Campus, Room 101, Building 106, 1333 Jake Alexander Blvd., S., Salisbury, N.C., 28146.
Procedure for Subjecting a Proposed Rule to Legislative Review: If an objection is not resolved prior to the adoption of the rule, a person may also submit written objections to the Rules Review Commission. If the Rules Review Commission receives written and signed objections in accordance with G.S. 150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1). The Commission will receive written objections until 5 p.m. on the day following the day the Commission approves the rule. The Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission. If you have any further questions concerning the submission of objections to the Commission, please call a Commission staff attorney at 919-431-3000.