Notice is hereby given in accordance with G.S. 150B-21.3A(c)(2)g. that the Environmental Management Commission intends to readopt with substantive changes the rules cited as 15A NCAC 02E .0301, .0501, .0502, .0504, .0505, .0507, .0602, .0603, .0605-.0615, readopt without substantive changes the rules cited as 15A NCAC 02E .0106, .0107, .0601, .0604, and repeal through readoption the rules cited as 15A NCAC 02E .0503, and .0506.
Link to agency website pursuant to G.S. 150B-19.1(c): https://deq.nc.gov/news/events/public-notices-hearings
Proposed Effective Date: January 1, 2022
Public Hearing:
Date: May 20, 2021
Time: 6:00 p.m.
Location:
In the abundance of caution, and to address protective measures to help prevent the spread of COVID-19, the NC Division of Water Resources is holding an online public hearing that can be joined starting at 5:45 pm via WebEx link:
https://ncdenrits.webex.com/ncdenrits/onstage/g.php?MTID=ed24ad39f5c499…
WebEx password: ncdwr
WebEx phone number: 1-415-655-0003
WebEx access code: 185 923 0287
To register for the hearing and provide your preference regarding speaking at the hearing, please visit:
Registration must be completed by 12:00 pm on May 20, 2021. If you have any problems registering online, please call 919-707-9024 by the registration deadline of 12:00 pm on May 20, 2021.
The Division of Water Resources highly recommends testing your computer's WebEx capabilities prior to the hearing at https://www.webex.com/test-meeting.html. For instructions about digital ways to join the public hearing, please refer to the WebEx Help Center online at https://help.webex.com/en-us/.
To comment during the hearing after your name is called as a registered speaker and/or after the hearing officer asks if any people wish to comment following the registered speakers:
-If you join the hearing by phone, press *3 to "raise your hand," speak once called upon to do so, and press *3 again to "lower your hand."
-If you join the hearing online, press the hand icon to "raise your hand," speak once called upon to do so, and press the hand icon again to "lower your hand."
-The Hearing Officer may limit the length of time that you may speak, so that all those who wish to speak may do so.
Reason for Proposed Action: N.C. Gen. Stat. 150B-21.3A requires state agencies to review existing rules every 10 years, determine which rules are still necessary, and either re-adopt or repeal each rule as appropriate. The proposed rulemaking satisfies these requirements for the re-adoption process for the following 15A NCAC 02EWater Use Registration and Allocation Rules:
.0100 General Provisions
.0300 Registration of Water Withdrawals and Transfers
.0500 Central Coastal Plain Capacity Use Area
.0600 Water Use During Droughts and Water Supply Emergencies
The .0300 -Registration of Water Withdrawals and Transfers rules collects annual self-supplied water use data from 85 counties outside of the Central Coastal Plain Capacity Use Area to manage the limited water resources. The .0500 -Central Coastal Plain Capacity Use Area (CCPCUA) was created due to unsustainable ground water withdrawals of two major aquifers in the central coastal plain: the Black Creek and Upper Cape Fear. There is evidence of present and future ground water supply shortages within the area encompassed by the 15 counties in the CCPCUA. Within this area, ground water from the Black Creek and Upper Cape Fear aquifers is being withdrawn at a rate that exceeds the available recharge. To address this problem, DWR created the CCPCU A to regulate water use through permitting to avoid damage to the ground water resources and to maintain those sources of water indefinitely. The .0600 -Water Use During Droughts and Water Supply Emergencies rules established minimum standards and practices for water conservation and water reuse during drought and water supply emergencies. The rules addressed water use by publicly and privately owned water systems, state agencies, local governments, business, industry, agriculture and horticulture. The purpose of the rules is to minimize harmful impacts on public health and safety, environmental quality, and the economy by establishing minimum standards and practices for water shortage response planning, water use reporting, water conservation, and water reuse during droughts and water supply emergencies.
Proposed changes to 15A NCAC 02E Water Use Registration and Allocation Rules include:
• Updated of agency names and addresses
• removed language already codified
• removed incorrect reporting requirements already codified
• format changes and removed some unnecessary language
• repealed outdated language
• updated language for clarification
• added three definitions (aquifer recharge, cretaceous aquifer system zones, and recharge rate)
• alphabetized the definitions
• added definitions
• reworded language for clarification
• updated language for clarification
• updated rule cross-reference
Comments may be submitted to: Linwood Peel, NC DEQ-DWR Planning Section, 1611 Mail Service Center, Raleigh, NC 27699-1611; phone (919) 707-9024; email linwood.peele@ncdenr.gov
Comment period ends: July 2, 2021