NOTICE: Reclassification Hearing Cancelled!!
Due to impending winter storm. We will let you know
as soon as the hearing is rescheduled.
Your input is needed!
Please see the following annoucement regarding reclassification of sections of the New River in NC below, as well as a brief Q & A document. The hearing will take place at Ashe Family Central, the same building where NCNR's office is located, in Jefferson, NC, on February 1, at 6:30 p.m. (The street address is: 626 Ashe Central School Road.)
NCNR supports the reclassification as detailed in this Announcement; NC DENR is managing this process, and there are links contained in the announcment you may follow for more information:
PROPOSED OUTSTANDING RESOURCE WATER RECLASSIFICATION OF THE NORTH FORK NEW RIVER WATERSHED IN ASHE AND WATAUGA COUNTIES, NC
The N.C. Department of Environment and Natural Resources on behalf of the Environmental Management Commission (EMC) will conduct a public hearing in order to receive public comments on the proposed reclassification of the North Fork New River watershed in Ashe and Watauga Counties (New River Basin) to the Outstanding Resource Waters (ORW) designation.
GENERAL DEFINITION OF PROPOSED RECLASSIFICATION
The ORW supplemental classification is a designation intended to protect unique and special waters having excellent water quality and being of exceptional state or national ecological or recreational significance. To qualify, waters must be rated Excellent by the Division of Water Quality (DWQ), and have one of the following outstanding resource values: 1) outstanding fish habitat and fisheries; 2) unusually high level of waterbased recreation; 3) some special designation such as N.C. or National Wild/Scenic/Natural/Recreational River, National Wildlife Refuge; 4) important component of state or national park or
forest; or 5) special ecological or scientific significance (rare or endangered species habitat, research or educational areas).
BACKGROUND OF RECLASSIFICATION REQUEST
DWQ staff determined that the subject waters meet class ORW criteria based on the following qualifications. These waters have excellent water quality, as confirmed by the most current 2008 and 2009 benthic macroinvertebrate sampling. Also, the waters have several records of State and Federal special concern species, the Hellbender Salamander and the Spike Freshwater mussel. The purpose of this rule change is to provide protection for the resources and quality of these waters.
WATERS TO BE AFFECTED BY PROPOSED RECLASSIFICATION
The North Fork New River watershed is currently classified as Class C+, C Trout (TR)+ and C TR High Quality Waters (HQW), and is proposed to be reclassified to Class C ORW, C TR ORW and C TR #. The # symbol represents waters that did not meet the ORW criteria. These waters are Little Buffalo Creek and Claybank Creek. These # waters will be managed in the same way as the designated ORW waters in order to protect the excellent downstream water quality. The proposed reclassification consists of the entire watershed of the North Fork New River, from its source to the New River and all waters draining to the North Fork New River. The proposed ORW reclassified area is relatively undeveloped and mostly forested with a small amount of farmlands and residences. Approximately 325 miles of named waterbodies exist in the subject watershed, and the watershed itself measures 159,342 acres.
PROPOSED
RECLASSIFICATION REGULATIONS
Forestry, crop and agriculture activities will not be affected by the proposed regulation. If reclassified, regulations that affect several activities and operations, including development and prohibiting new National Pollutant Discharge Elimination System (NPDES) wastewater dischargers would apply. There are four NPDES wastewater facilities in the proposed ORW, which will be allowed to expand provided certain water quality standards and limits are followed. There are not any known planned dischargers and developments in the proposed ORW per local government officials. The ORW classification requires development projects requiring a Sedimentation and Erosion Control Plan to control stormwater runoff, through either the low density development option or the high density development option. The Low Density Option caps development at one dwelling unit per acre or twelve percent built upon area (BUA). It also requires a thirty-foot veget ated buffer along perennial streams. The High Density Option applies to development that exceeds 12% BUA, and requires the installation of stormwater controls, for example a wet detention basin, which will control the first inch of stormwater runoff from a rainfall event.
HOW TO SUBMIT COMMENTS
The purpose of this announcement is to encourage those interested in this proposal to provide comments. You may attend the public hearing and make relevant verbal comments, and/or submit written comments, data or other relevant information. The Hearing Officer may limit the length of time you speak at the public hearing, if necessary, so that all those who wish to speak may have an opportunity to do so.
The EMC is very interested in all comments pertaining to the proposed reclassification. All persons interested and potentially affected by the proposal are strongly encouraged to read this entire announcement and make comments on the proposed rule amendment by March 16, 2010. The EMC may not adopt rules that differ substantially from the text of the proposed rules published in the North Carolina Register unless the EMC publishes the text of the proposed different rules and accepts comments on the new text (see General Statute 150B 21.2 (g)). The proposed effective date for the final rule to this hearing process is July 1, 2010 pending EPA approval. Written comments may be submitted to Jamie McNees of the Water Quality Planning Section at the postal address, email address, or fax number listed below.
FOR ADDITIONAL INFORMATION
Existing Division of Water Quality rules are located on the internet at HUhttp://www.ncwaterquality.org/admin/rules/codes_statutes.htmU
In addition, this announcement, a map and further information is located on the internet via H http://h2o.enr.state.nc.us/admin/pubinfo/pubinfo.html (look under the “calendar” section).
Further explanations and details on reclassifications may be obtained by writing or calling:
Jamie McNees
DENR-Division of Water Quality, Planning Section
1617 Mail Service Center, Raleigh, NC 27699-1617
phone (919) 807-6421
fax (919) 807-6497
Jamie.McNees@ncdenr.gov
In the case of inclement weather on the day of the scheduled public hearing, please contact Jamie McNees at the above telephone number for a recorded message regarding any changes to the location, day or time of the hearing.
Question and Answer
The Outstanding Resource Waters (ORW) Proposed Supplemental Water Quality Classification for North Fork New River Watershed
Question: Will this classification affect tree farmers or other silviculture activities?
Response: No. The ORW classification does not regulate timbering activities, however, any current regulations which apply will continue to apply.
Question: Does the ORW setback requirement apply to farmers?
Response: No. The ORW setback is only required for those development projects which require a sedimentation and erosion control plan. There are no ORW setback requirements for agricultural activities, nor does this supplemental classification require that farmers fence their streams.
Question: I own a lot. Can I still build a house on my lot?
Response: Yes. This classification only affects developments which require a sedimentation and erosion control plan. The Division of Land Resources requires these plans on land disturbances of greater than one acre. This is actual land area disturbed and does not relate to lot size. Some locally delegated programs may require a plan on disturbances under one acre.
Question: Will I have to provide public access to my land?
Response: No. This supplemental classification will not restrict any recreational activities that take place in the waters, including swimming, boating and fishing, nor does this classification provide any public access to private land.
Question: How does the ORW designation regulate development density?
Response: For those developments that require a Sedimentation and Erosion Control Plan, development may continue to occur. The Low Density Option caps development at 1 dwelling unit (du) per acre or 12% built upon area. It also requires a 30 foot setback along all perennial streams. The High Density Option does not specify a limit on development, nor does it require the use of a setback. However, development projects that are High Density are required to put stormwater controls in place, such as a wet detention basin, that will control the first inch of stormwater runoff from a rainfall event.
What the ORW Classification Does:
* Recognize that ORW designated waters have excellent water quality and outstanding resource values.
* Require that land disturbances over one acre implement more protective sedimentation and erosion control measures.
* Prohibit new wastewater dischargers and control expansions to existing dischargers in NFNR watershed.
* Require that development projects that require a Sedimentation and Erosion Control Plan control stormwater runoff through either the low density or high density development option.
* Prevent new discharging landfills from locating in ORW watersheds.
* Low Density Development requires 30 foot setbacks and High Density Development requires stormwater controls.
What the ORW Classification Doesn’t Do:
* Does not restrict agricultural activities.
* Does not affect forestry practices.
* Does not prevent landowners from building a residence on their property.
* Does not prohibit expansions to existing homes.
* Does not require fencing of waters.
* Does not require farmers to put 30 foot setbacks in place along ORW waters.
* Does not prevent development.
* Does not restrict livestock operations.
* Does not prohibit recreational use of ORW designated waters.
* Does not restrict boat docks or other water dependent structures
* Does not provide public access to private land.
