Unit 3 - NC River Basin Rules

There are ______.

17 major river basins in NC

Water Resource Uses

•Swimming

•Boating

•Fishing / fish consumption

•Shellfish harvesting

•Aquatic habitat

•Water supply for Humans and Animals

Water use impairment

The inability of a resource to meet it’s intended uses

Neuse, Cape Fear, & Tar-Pamlico originate ______.

in NC and end in NC → easier to pass state regulations for

Common NC Water Quality Pollutants

•Sediment- detached soil particles that can “muddy” the water, reduce light penetration and destroy aquatic habitat and clog drainage ways

•Nutrients- excess nitrogen and phosphorus in waters can stimulate algae growth which can also reduce light penetration, harm aquatic habitat, and lead to reduce dissolved oxygen levels in water and fish kills

•Bacteria- can cause public and environmental health concerns.

Turbidity Water Quality Standard

should not exceed 50 NTU for receiving waters → if it exceeds → body of water is impaired

• Trout waters should not exceed 10 NTU

Dissolved Oxygen Water Quality Standard

•Not less than 6.0 mg/L for trout waters

•Non-trout waters not less than daily avg of 5.0, single sample not less than 4.0 mg/L

Bacteria Water Quality Standard

•Fecal coliform geometric mean < 200 CFU/100 mL 5 samples over 30 days → if greater the water is impaired

•Fecal coliform should not exceed 400 CFU/100 mL in more than 20% of samples over 30 day period

•Violations expected during rainfall events

Chlorphyll-a Water Quality Standard

• green stuff of plants; used as a proxy for nutrients

• Not greater than 40 ug/L for lakes, resevoirs (> 10 acres)

pH Water Quality Standard

• Should range between 6.0 and 9.0 for most waters

• Swamp waters may have levels as low as 4.3

• If you have a pH routinely of 10 → water is impaired regardless of other parameters

Temperature Water Quality Standard

•Should not exceed 2.8 C above natural temperature

•Should never exceed 29 C for mountain and upper piedmont waters

•Should never exceed 32 C for lower piedmont and coastal plain waters

Water Quality Numeric Criteria

•Narrative standards associated with the composition of aquatic bug and fish communities → just pollution tolerant species there → water is impaired

•Criteria are established to define the pollutant limits, goals conditions necessary for a waterbody to maintain or attain it’s designated uses. Waters are supporting if the criteria for the use support category are met. Waters are impaired if criteria is not met.

NC has plans for ______.

each major river basin and plans for the sub-basins within them

–Identify designated water uses in the river basins

–Characterize land uses in basins and sources of pollutants, mainly point sources of pollution

–Evaluate water quality conditions, criteria

–List impaired waters (303d)

- Use the plans to determine the source of poor water quality/pollutant

–Develop Total Maximum Daily Load (TMDL) for pollutants responsible for water quality conditions and strategies for reducing the pollutant

–Develop strategy to improve water quality and regain use supporting status

Common Sources of Pollution in NC Agriculture

• Row Crop Production

• Livestock → CAFO’s, poultry farms, etc.

Common Sources of Pollution in NC Wastewater (Domestic, Industrial)

• Wastewater treatment plants

• Septic systems

Common Sources of Pollution in NC Forestry

Sediment, nutrients, and bacteria

Neuse River Basin

• Headwaters in Person County 

• Drains 3+ million acres

• 200 miles of main stem length         

• Population 1.25+ million

• Over 3,500 miles of tributary streams

Neuse River Background Information

From 1982-1997

•Urban areas increased by 227,000 acres

•Uncultivated cropland and pasture increased by 60,000

•Forest acres declined by 128,000

•Cropland declined by 180,000

–Falls Lake watershed classified as NSW (nutrient sensitive water) in 1983

–Entire Neuse Basin classified as NSW in 1988

•Phosphorus detergent ban in 1988

•N loading needed to be reduced as well

–Massive fish kill in 1991

–NC Basinwide Planning Program Begins in 1991

–Neuse Basin Plans in 1993, 1998, 2003, 2008

Agenda Setting

•Perception of problem: poor water quality leading to fish kills  (10 million in 1995)

–Hog Farms - From 1985-1995 the number of hog farms decreased from 20,000 to 6,500 but the number of hogs increased by 6.5 million (NC DENR, 2004)

•Pfiesteria- toxic dinoflagellate implicated in fish kills, becomes toxic when nutrient levels are high

–Potential public health risks associated with contact

•Definition of problem: excess nitrogen in Neuse River

•Mobilization of support for including problem on agenda

–Neuse River Foundation and Riverkeeper

–Sierra Club

–Wildlife Federation

–Southern Environmental Law Center

–Environmental Defense

Policy Formation

•Governor Hunt “Vows to Protect the River”

•Development of state river water quality committee

•7 members Chaired by Sen. Beverly Perdue D-Craven

•Environmental Management Commission to take lead

• Falls Lake watershed  classified as NSW in 1983

• Entire Neuse Basin classified as NSW in 1988

• Phosphorus detergent ban in 1988

• N loading needed to be reduced as well

Available research data led to conclusions that N needed to be reduced (30-50%)

Policy Formulation

•February 8, 1996- A conceptual working draft was approved by the EMC with alternative language for components of the strategy to be taken to workshops for further discussion

•May 6-8, 1996- Public meetings held in New Bern and Smithfield lead to initial changes being incorporated into proposed rules

•July 12, 1996- Final drafts of public information documents made available.

•August 15, 1996 – Text of rules published in NC Register

Policy Formulation (cont.)

•November 1996 – Held hearings for proposed rules

–916 people attended with 201 oral comments & over 300 written comments

•Advocacy and coalition building

•More flexible options for Agricultural community not just buffers

•Compromise and give local option

•June 12, 1997 – Request that EMC approve rules for re-noticing because of “substantial difference” requirements in Administrative Procedure Act.

*   August 1997- EPA issued guidance that called for all states to develop schedules for TMDL’s for all waters on the 303(d) list -impaired

•September 15, 1997- Text of rules renoticed in NC Register because of “substantial difference”.

•October 7, 1997 – Held 2 public hearings in New Bern and Raleigh

•December 11, 1997 – Request that EMC approve rules.

•August 1, 1998 – Nutrient Sensitive Waters Management Strategy Rules become effective

Neuse River Nutrient Sensitive Waters Management Strategy

30% N reduction from 1991-1995 baseline within a 5-year period

•Agriculture

•Nutrient Management

•Urban Stormwater

•Wastewater Dischargers

•Riparian Buffers

Program Implementation

Funding Sources

•Clean Water Management Trust Fund (newly developed)

•NC Agriculture Cost Share Program for NPS

•Wetlands Restoration Program (newly developed)

•USDA Programs (Farm Bill)

Technical Assistance and Planning Services

•Local advisory committees (LAC’s)

•NC Cooperative Extension

Neuse Education Team → Division of Water Quality

Neuse River Rapid Response Team → Division of Soil and Water

Neuse Technicians (newly developed) → NRCS

Agricultural Efforts

Neuse Agriculture Rule (15A NCAC 2B .0238)
- reduce nitrogen delivered from agriculture sources to the Neuse River Estuary by 30% within a five-year time period ending August 1, 2003.

•Local Area Plan for BMP Implementation

•Mandatory BMPs

Program Implementation (cont.)

•Basin Oversight Committee- appointed by Secretary of NCDENR to turn rule into program

•Local Advisory Committees- develop reduction strategies for those enrolled in local option

•Develop Accounting and tracking tool for N loss

–NLEW

How Do You Improve Water Quality at the River Basin Scale?

• Controlled drainage

• Vegetative buffers

• Stream/wetlands restoration

All nutrient management.

Neuse Stormwater Management Rules

•New Development would have to meet 30% reduction goal by implementing planning considerations and best management practices that reduce volume of water and nutrients leaving the site through runoff.

•Reviewing and approving stormwater management plans for new development

•Educating the public

•Identifying and removing illicit discharges

•Identifying sites where water quality BMPs can be inserted into existing developments

• Cary 

• Durham

• Gardner

• Goldsboro

• Havelock

• Kinston

• Raleigh

• Smithfield

• Wilson

• Durham County

• Johnston County

• Orange County

• Wake County

• Wayne County

Stormwater BMPs

• Stormwater wetlands

• Bioretention / Rain gardens

• Wetponds

• Level spreaders with Buffers

• Permeable pavements

• Vegetated swales

Nutrient Management Rule

•Persons that apply fertilizer to 50+ acres must attend nutrient management training or have a nitrogen management plan for the lands they fertilize/manage.

–Farmers

–Landscapers

– Lawn maintenance

–DOT roadside crews

Riparian Buffer Regulations

Applies to:

• Perennial streams 

• Modified natural streams 

• Intermittent streams 

• Lakes

• Ponds

• Estuaries

Does not apply to:

• Ditches & manmade conveyances; unless constructed for   navigation or boat access

• Ephemeral streams (storm flows)

• Manmade ponds & lakes outside natural drainage ways

Wastewater Treatment Rules

Effective January 1, 2003 the nitrogen discharge limit reduces the nitrogen from point sources by 30% compared to their 1995 level.

Wastewater Treatment Regulations

•Mass based nitrogen discharge limit (2.8 million pounds per year for the basin)

–Allows for daily and seasonal fluctuations in concentration

–Encourage wastewater reuse, land application

•Affected nearly 180 facilities in the basin

•Also addresses new or expanding discharges that may arise in future

•Overall nitrogen limit is divided into three groups

–Dischargers with permitted flows > 500,000 gpd downstream of Fall’s Lake dam – combined limit of 2.45M pounds per year

–Dischargers with permitted flows > 500,000 gpd upstream of the dam have a combined limit of 444,000 pounds per year

–Dischargers with permitted flows < 500,000 gpd have a combined limit of 280,000 pounds per year

Wastewater Treatment Plant Rules

Dischargers with flows > 500,000 gpd have 2 options

I.      Meet individual mass-based limits - Individual discharge limit is based on the individual’s fraction of group flow / discharge

II.     Join the nitrogen trading coalition to collectively meet the nitrogen limit equal to the combined limits of the members.

A)     Coalition members will enter into a formal agreement with the EMC that establishes combined nitrogen limits of its members.

• Dischargers with flows < 500,000 gpd will be required to meet collective limit

• DWQ may set more stringent limits on a case by case basis if necessary to protect water quality

Offset payments to NC EEP are required if ______.

trading coalition exceeds it’s limit and/or a new or expanding discharger has to obtain nitrogen allocation. NC EEP uses offset payments to install BMPs to reduce non-point source nitrogen pollution and “offset” nitrogen impacts from the discharger.

• Phosphorus discharge concentration limits for all existing facilities is set at 2 mg/L.

• N and P limits for new and expanding dischargers are 3.5 mg/L total N and 1 mg/L total P. New or expanding facilities must have a nitrogen allocation to discharge, therefore they:

–Purchase from existing discharger

• Make offset payments at 2x the standard payment

Neuse Basin Progress

On paper reduced by over 30%, but didn’t meet the 30% N reduction in practice → still water quality issues

Neuse Basin Agriculture BMP Progress

Instream 30% N Reduction not yet achieved