North Carolina § 143-215 - 25. Definitions.

§ 143-215. 25. Definitions.

As used in this Part, unless the context otherwise requires: Dam. - A structure and appurtenant works erected to impound or divert water. Mill dam. - A dam built across a stream to raise the level of water for the purpose of providing water to a mill for the operation of the mill. Minimum stream flow or minimum flow. - A stream flow of a quantity and quality sufficient in the judgment of the Department to meet and maintain stream classifications and water quality standards established by the Department under G.S. 143-214.1 and applicable to the waters affected by the project under consideration, and to maintain aquatic habitat in the length of the stream that is affected. Professionally supervised dam removal. - The voluntary removal of a low or intermediate hazard mill dam or run-of-river dam that (i) is not operated primarily for flood control or hydroelectric power generation purposes and (ii) the removal of which is designed and supervised by a qualified engineer. Qualified engineer. - An engineer licensed as a professional engineer under Chapter 89C of the General Statutes. Run-of-river dam. - A riverine or stream dam that is designed or operated to release water at approximately the same rate as the natural flow of the river or stream. History (1967, c. 1068, s. 3; 1973, c. 1262, ss. 23, 38; 1977, c. 771, s. 4; c. 878, ss. 2, 4; 1983, c. 306; 1987, c. 827, ss. 154, 175; 1993, c. 394, s. 2; 2017-145, s. 1(a).) Editor's Note. - Session Laws 2017-145, s. 3, provides: "The Department of Environmental Quality and the Department of Public Safety shall jointly study the dam removal process in North Carolina and recommend further changes in statutes or rules to reduce regulatory barriers to the removal of obsolete and unwanted dams and consolidate duplicative permit processes. As part of its study, the Departments shall review the dam removal permitting processes in New Hampshire, Massachusetts, and Pennsylvania and other states as the Department finds relevant. The Departments shall jointly submit its report to the Environmental Review Commission no later than March 1, 2020." Effect of Amendments. - Session Laws 2017-145, s. 1(a), effective July 1, 2017, substituted "Dam. - A" for "Dam means a" in subdivision (1); inserted subdivision (1a); substituted "Minimum stream flow or minimum flow. - A" for "'Minimum stream flow' or 'minimum flow' means a"; added subdivisions (3), (4), and (5); and made stylistic changes.