§ 143-215.31. Supervision over maintenance and operation of dams.
§ 143‑215.31. Supervision over maintenance and operation of dams.
(a) The Commission shall have jurisdiction and supervision overthe maintenance and operation of dams to safeguard life and property and tosatisfy minimum streamflow requirements. The Commission may adopt standards forthe maintenance and operation of dams as may be necessary for the purposes ofthis Part. The Commission may vary the standards applicable to various dams,giving due consideration to the minimum flow requirements of the stream, thetype and location of the structure, the hazards to which it may be exposed, andthe peril of life and property in the event of failure of a dam to perform itsfunction.
(b) The Department, consistent with rules adopted by theCommission, may impose any condition or requirement in orders and writtenapprovals issued under this Part that is necessary to ensure that streamclassifications, water quality standards, and aquatic habitat requirements aremet and maintained, including conditions and requirements relating to therelease or discharge of designated flows from dams, the location and design ofwater intakes and outlets, the amount and timing of the withdrawal of waterfrom a reservoir, and the construction of submerged weirs or other devices intendedto maintain minimum streamflows.
The Commission shall adopt rules that specify the minimum streamflow inthe length of the stream affected.
(c) The minimum streamflow in the length of the stream affectedby a dam that is 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 streambed and wherethe water is returned to the same stream shall be:
(1) The minimum average flow for a period of seven consecutivedays that would have an average occurrence of once in 10 years in the absenceof the dam, or ten percent (10%) of the average annual flow of the stream inthe absence of the dam, whichever is less, if prior to 1 January 1995 the smallpower producer was either licensed by the Federal Energy Regulatory Commissionor held a certificate of public convenience and necessity issued by the NorthCarolina Utilities Commission.
(2) The minimum average flow for a period of seven consecutivedays that would have an average occurrence of once in 10 years in the absenceof the dam, or ten percent (10%) of the average annual flow of the stream inthe absence of the dam, whichever is greater, if subdivision (1) of thissubsection does not apply.
(3) To protect the habitat of the Cape Fear Shiner and otheraquatic species, 28 cubic feet per second for any dam that diverts water from2,500 feet or more of the natural streambed of any stream on which six or moredams operated by small power producers were located on 1 January 1995,notwithstanding subdivisions (1) and (2) of this subsection.
(d) Subsection (c) of this section establishes the policy ofthis State with respect to minimum streamflows in the length of the streamaffected by a dam that is operated by a small power producer, as defined inG.S. 62‑3(27a), that diverts water from 4,000 feet or less of the naturalstreambed and where the water is returned to the same stream, whether the damis subject to or exempt from this Part. In its comments and recommendations tothe Federal Energy Regulatory Commission regarding the minimum streamflow inthe length of the stream affected by a dam that is operated by a small powerproducer, as defined in G.S. 62‑3(27a), that diverts water from 4,000feet or less of the natural streambed and where the water is returned to thesame stream, the Commission and the Department shall not advocate or recommenda minimum streamflow that exceeds the minimum streamflow that would be requiredunder subsection (c) of this section.
(e) The minimum streamflow in the length of the stream affectedby a dam to which subsections (c) and (d) of this section do not apply shall beestablished as provided in subsection (b) of this section. Subsections (c) and(d) of this section do not apply if the length of the stream affected:
(1) Receives a discharge of waste from a treatment works forwhich a permit is required under Part 1 of this Article; or
(2) Includes any part of a river or stream segment that:
a. Is designated as a component of the State Natural and ScenicRivers System by G.S. 113A‑35.1 or G.S. 113A‑35.2.
b. Is designated as a component of the national Wild and ScenicRivers System by 16 U.S.C. § 1273 and 1274. (1967, c. 1068, s. 9; 1973, c. 1262, s. 23; 1987, c. 827, s. 154; 1993,c. 394, s. 6; c. 553, s. 80; 1995, c. 184, s. 1; c. 439, s. 1.)