Section 143-215.25 - DefinitionsAs used in this Part, unless the context otherwise requires:
(1) Dam. - A structure and appurtenant works erected to impound or divert water.(1a) 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.(2) 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.(2a) Phased compliance eligible dam. - A dam that (i) is categorized as high hazard by the Department, (ii) was constructed prior to January 1, 1968, and (iii) is not owned by a unit of local government, special district, or public authority, as those terms are defined in G.S. 159-7.(3) 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.(4) Qualified engineer. - An engineer licensed as a professional engineer under Chapter 89C of the General Statutes.(5) 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.N.C. Gen. Stat. § 143-215.25
Amended by 2023 N.C. Sess. Laws 131,s. 1-a, eff. 9/29/2023, applicable to applications for repair or alteration received by the Department on or after that date.Amended by 2017 N.C. Sess. Laws 145, s. 1-a, eff. 7/1/2017. 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.