NORTH CAROLINA REGISTER...Dec 01, 2020 · NORTH CAROLINA REGISTER VOLUME 35 ISSUE 11 Pages 1082 – 1333 December 1, 2020 I. EXECUTIVE ORDERS Executive Orders No. 171-175..... 1082

NORTH CAROLINA

REGISTER

VOLUME 35 ● ISSUE 11 ● Pages 1082 – 1333

December 1, 2020

I. EXECUTIVE ORDERS

Executive Orders No. 171-175........................................................................ 1082 – 1102

II. IN ADDITION

Environmental Quality, Department of – Intent to Issue NPDES

Wastewater Discharge Permit ......................................................................... 1103 – 1105

Environmental Quality, Department of/Division of Water Resources -

Public Notice................................................................................................... 1106

III. PROPOSED RULES

Health and Human Services, Department of

Public Health, Commission for ....................................................................... 1107 – 1110

Environmental Quality, Department of

Wildlife Resources Commission ..................................................................... 1110 – 1149

Public Health, Commission for ....................................................................... 1149 – 1153

Occupational Licensing Boards and Commissions

Chiropractic Examiners, Board of .................................................................. 1153 – 1154

General Contractors, Licensing Board for ...................................................... 1154 – 1157

Funeral Service, Board of ............................................................................... 1157 – 1158

Nursing, Board of ........................................................................................... 1158 – 1160

Opticians, State Board of ................................................................................ 1160

Administrative Hearings, Office of

Hearings Division ........................................................................................... 1160 – 1162

IV. EMERGENCY RULES

Insurance, Department of

Industrial Commission .................................................................................... 1163

V. APPROVED RULES........................................................................................ 1164 – 1330

Public Safety, Department of

Crime Victims Compensation Commission

Alcoholic Beverage Control Commission

Environmental Quality, Department of

Environmental Management Commission

State Treasurer, Department of

Local Government Commission

Occupational Licensing Boards and Commissions

Funeral Service, Board of

Nursing, Board of

Opticians, State Board of

State Human Resources Commission

Commission

VI. CONTESTED CASE DECISIONS

Index to ALJ Decisions ................................................................................... 1331 – 1333

Contact List for Rulemaking Questions or Concerns

For questions or concerns regarding the Administrative Procedure Act or any of its components, consult with the

agencies below. The bolded headings are typical issues which the given agency can address but are not inclusive.

Rule Notices, Filings, Register, Deadlines, Copies of Proposed Rules, etc. Office of Administrative Hearings

Rules Division

1711 New Hope Church Road 984-236-1850

Raleigh, North Carolina 27609 984-236-1947 FAX

contact: Molly Masich, Codifier of Rules [email protected] 984-236-1934

Dana McGhee, Publications Coordinator [email protected] 984-236-1937

Lindsay Silvester, Editorial Assistant [email protected] 984-236-1938

Cathy Matthews-Thayer, Editorial Assistant [email protected] 984-236-1901

Rule Review and Legal Issues Rules Review Commission

1711 New Hope Church Road 984-236-1850


contact: Amber Cronk May, Commission Counsel [email protected] 984-236-1936

Amanda Reeder, Commission Counsel [email protected] 984-236-1939

Ashley Snyder, Commission Counsel [email protected] 984-236-1941

Alexander Burgos, Paralegal [email protected] 984-236-1940

Julie Brincefield, Administrative Assistant [email protected] 984-236-1935

Fiscal Notes & Economic Analysis Office of State Budget and Management

116 West Jones Street

Raleigh, North Carolina 27603-8005

Contact: Carrie Hollis, Economic Analyst [email protected] 984-236-0689

NC Association of County Commissioners

215 North Dawson Street 919-715-2893

Raleigh, North Carolina 27603

contact: Amy Bason [email protected]

NC League of Municipalities 919-715-2925

424 Fayetteville Street, Suite 1900

Raleigh, North Carolina 27601

contact: Monica Jackson [email protected]

Legislative Process Concerning Rulemaking 545 Legislative Office Building

300 North Salisbury Street 919-733-2578


Jason Moran-Bates, Staff Attorney

Jeremy Ray, Staff Attorney

NORTH CAROLINA REGISTER

Publication Schedule for January 2020 – December 2020

FILING DEADLINES NOTICE OF TEXT PERMANENT RULE TEMPORARY

RULES

Volume &

issue

number

Issue date Last day

for filing

Earliest date

for public

hearing

End of required

comment

Period

Deadline to submit

to RRC

for review at

next meeting

RRC

Meeting

Date

Earliest Eff.

Date of

Permanent Rule

270th day from

publication in the

Register

34:13 01/02/20 12/06/19 01/17/20 03/02/20 03/20/20 04/16/20 05/01/20 09/28/20

34:14 01/15/20 12/19/19 01/30/20 03/16/20 03/20/20 04/16/20 05/01/20 10/11/20

34:15 02/03/20 01/10/20 02/18/20 04/03/20 04/20/20 05/21/20 06/01/20 10/30/20

34:16 02/17/20 01/27/20 03/03/20 04/17/20 04/20/20 05/21/20 06/01/20 11/13/20

34:17 03/02/20 02/10/20 03/17/20 05/01/20 05/20/20 06/18/20 07/01/20 11/27/20

34:18 03/16/20 02/24/20 03/31/20 05/15/20 05/20/20 06/18/20 07/01/20 12/11/20

34:19 04/01/20 03/11/20 04/16/20 06/01/20 06/22/20 07/16/20 08/01/20 12/27/20

34:20 04/15/20 03/24/20 04/30/20 06/15/20 06/22/20 07/16/20 08/01/20 01/10/21

34:21 05/01/20 04/09/20 05/16/20 06/30/20 07/20/20 08/20/20 09/01/20 01/26/21

34:22 05/15/20 04/24/20 05/30/20 07/14/20 07/20/20 08/20/20 09/01/20 02/09/21

34:23 06/01/20 05/08/20 06/16/20 07/31/20 08/20/20 09/17/20 10/01/20 02/26/21

34:24 06/15/20 05/22/20 06/30/20 08/14/20 08/20/20 09/17/20 10/01/20 03/12/21

35:01 07/01/20 06/10/20 07/16/20 08/31/20 09/21/20 10/15/20 11/01/20 03/28/21

35:02 07/15/20 06/23/20 07/30/20 09/14/20 09/21/20 10/15/20 11/01/20 04/11/21

35:03 08/03/20 07/13/20 08/18/20 10/02/20 10/20/20 11/19/20 12/01/20 04/30/21

35:04 08/17/20 07/27/20 09/01/20 10/16/20 10/20/20 11/19/20 12/01/20 05/14/21

35:05 09/01/20 08/11/20 09/16/20 11/02/20 11/20/20 12/17/20 01/01/21 05/29/21

35:06 09/15/20 08/24/20 09/30/20 11/16/20 11/20/20 12/17/20 01/01/21 06/12/21

35:07 10/01/20 09/10/20 10/16/20 11/30/20 12/21/20 01/21/21 02/01/21 06/28/21

35:08 10/15/20 09/24/20 10/30/20 12/14/20 12/21/20 01/21/21 02/01/21 07/12/21

35:09 11/02/20 10/12/20 11/17/20 01/04/21 01/20/21 02/18/21 03/01/21 07/30/21

35:10 11/16/20 10/23/20 12/01/20 01/15/21 01/20/21 02/18/21 03/01/21 08/13/21

35:11 12/01/20 11/05/20 12/16/20 02/01/21 02/22/21 03/18/21 04/01/21 08/28/21

35:12 12/15/20 11/20/20 12/30/20 02/15/21 02/22/21 03/18/21 04/01/21 09/11/21

This document is prepared by the Office of Administrative Hearings as a public service and is not to be deemed binding or controlling.

EXPLANATION OF THE PUBLICATION SCHEDULE

This Publication Schedule is prepared by the Office of Administrative Hearings as a public service and the computation of time periods are not to be deemed binding or controlling.

Time is computed according to 26 NCAC 2C .0302 and the Rules of Civil Procedure, Rule 6.

GENERAL

The North Carolina Register shall be published twice

a month and contains the following information

submitted for publication by a state agency:

(1) temporary rules;

(2) text of proposed rules;

(3) text of permanent rules approved by the Rules

Review Commission;

(4) emergency rules

(5) Executive Orders of the Governor;

(6) final decision letters from the U.S. Attorney

General concerning changes in laws affecting

voting in a jurisdiction subject of Section 5 of

the Voting Rights Act of 1965, as required by

G.S. 120-30.9H; and

(7) other information the Codifier of Rules

determines to be helpful to the public.

COMPUTING TIME: In computing time in the schedule,

the day of publication of the North Carolina Register

is not included. The last day of the period so computed

is included, unless it is a Saturday, Sunday, or State

holiday, in which event the period runs until the

preceding day which is not a Saturday, Sunday, or

State holiday.

FILING DEADLINES

ISSUE DATE: The Register is published on the first and

fifteen of each month if the first or fifteenth of the

month is not a Saturday, Sunday, or State holiday for

employees mandated by the State Personnel

Commission. If the first or fifteenth of any month is a

Saturday, Sunday, or a holiday for State employees,

the North Carolina Register issue for that day will be

published on the day of that month after the first or

fifteenth that is not a Saturday, Sunday, or holiday for

State employees.

LAST DAY FOR FILING: The last day for filing for any

issue is 15 days before the issue date excluding

Saturdays, Sundays, and holidays for State employees.

NOTICE OF TEXT

EARLIEST DATE FOR PUBLIC HEARING: The hearing

date shall be at least 15 days after the date a notice of

the hearing is published.

END OF REQUIRED COMMENT PERIOD

An agency shall accept comments on the text of a

proposed rule for at least 60 days after the text is

published or until the date of any public hearings held

on the proposed rule, whichever is longer.

DEADLINE TO SUBMIT TO THE RULES REVIEW

COMMISSION: The Commission shall review a rule

submitted to it on or before the twentieth of a month

by the last day of the next month.

EXECUTIVE ORDERS

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EXECUTIVE ORDERS


1102

IN ADDITION


1103

DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ) INTENT TO ISSUE NPDES WASTEWATER DISCHARGE PERMIT #NC0000272 WITH PROPOSED REMOVAL OF COLOR VARIANCE PERMIT APPLICATION Notice is hereby given in accordance with NC General Statutes (G.S.) 150B-21.2 and G.S. 150B-21.3A, G.S. 143-214.1 and federal regulations at 40 Code of Federal Regulations (CFR) 131.20 (b), 40 CFR 131.14 and 40 CFR 25.5 that the DEQ, Division of Water Resources (DWR) intends to amend effluent permit requirements applicable to Blue Ridge Paper Products, LLC. Public comment or objection to the draft permit modification is invited. All comments received by January 29, 2021 will be considered in the final determination regarding permit issuance and permit provisions. Blue Ridge Paper Products LLC, (d/b/a Evergreen Packaging), Permit Number NC0000272. Blue Ridge Paper Products, LLC is

authorized to discharge wastewater from a facility located at the Blue Ridge Paper Products Wastewater Treatment Plant, off Highway

215 (175 Main Street), Canton, Haywood County, NC to receiving waters designated as the Pigeon River, French Broad River Basin, in

accordance with effluent limitations. Some of the parameters are water quality limited. This discharge may affect future allocations in

this portion of the French Broad River Basin. The location of the Outfall is: Latitude: 35032’08”; Longitude: 82050’42”.

The thermal component of the discharge is subject to effluent limitations under Title 15A North Carolina Administrative Code (NCAC) Subchapter 02B .0211 (18), which proposes thermal effluent limitations disallowing an exceedance of 2.8 degrees C (5.04 degrees F) above the natural water temperature, and in no case to exceed 29 degrees C (84.2 degrees F). The permit holder has requested a continuance of a Clean Water Act Section 316(a) variance. On the basis of 15A NCAC 02B .0208 (b), and other lawful standards and regulations, DWR proposes to continue the 316(a) variance in conjunction with the renewal of the permit.

The draft wastewater permit and all related documents are available online at: https://deq.nc.gov/news/events/public-notices-hearings. Printed copies of the draft permit and related documents may be reviewed at the department’s Asheville Regional Office. To make an appointment to review the documents, please call 828-296-4500. Public comment on the draft permit and on the proposed removal of the existing color variance should be mailed to: Wastewater Permitting, Attn: Blue Ridge Paper Products Permit, 1617 Mail Service Center, Raleigh, N.C., 27699-1617. Public comments may also be submitted by email to: [email protected]. Please be sure to include “Blue Ridge Paper Products” in the email’s subject line.

COLOR VARIANCE INFORMATION

Notice is also hereby given in accordance with NC G.S. 150B-21.2 and G.S. 150B-21.3A, G.S. 143-214.1 and federal regulations at 40 CFR 131.20 (b), 40 CFR 131.14 and 40 CFR 25.5 that the NC Environmental Management Commission (EMC) is requesting comment on removing the color variance from the effluent permit requirements applicable to Blue Ridge Paper Products, LLC. All comments received by January 29, 2021 will be considered. Comments should be mailed to: Wastewater Permitting, Attn: Blue Ridge Paper Products Permit, 1617 Mail Service Center, Raleigh, N.C., 27699-1617. Public comments may also be submitted by email to: [email protected]. Please be sure to include “Blue Ridge Paper Products” in the email’s subject line. Public records related to the EMC consideration of the variance are located at: https://deq.nc.gov/about/divisions/water-resources/water-resources-commissions/environmental-management-commission-71

BACKGROUND

The effluent permit limit requirements applicable to Blue Ridge Paper Products, LLC established in compliance with NC G.S. 143-215.1, other lawful standards and regulations promulgated and adopted by the EMC, and the Clean Water Act (Act), as amended, previously contained a variance provision to the state’s narrative, aesthetic, water quality standard for color. The variance was granted July 13, 1988, by the EMC, under provisions in G.S. 143-215.3(e). Further, the variance has been continued under regulations contained in 15A NCAC 02B .0226, Exemptions From Surface Water

IN ADDITION


1104

Quality Standards: “Variances from applicable standards, revisions to water quality standards or site-specific water quality standards may be granted by the Commission on a case-by-case basis pursuant to G.S. 143-215.3(e), 143-214.3 or 143-214.1. A listing of existing variances shall be maintained and made available to the public by the Division. Exemptions established pursuant to this Rule shall be reviewed as part of the Triennial Review of Water Quality Standards conducted pursuant to 40 CFR 131.10(g).”

NC DEQ DWR has concluded that a variance from the narrative provision at 15A NCAC 02B .0211(12), historically interpreted as an instream true color value of 50 platinum cobalt units (PCU), is no longer necessary. As outlined in the accompanying supporting materials, significant improvements to the instream concentrations of color in the Pigeon River, combined with specific limits on color and an updated reevaluation regarding the narrative provision and protection of the designated uses, support removal of the variance. While 40 CFR Part 131 requires that “a State may not adopt Water Quality Standard (WQS) variances if the designated use and criterion

addressed by the WQS variance can be achieved..." by implementing certain effluent measures, the permit contains technology-based

effluent limits (see page 4 of the draft permit) that result in achieving the same goal and are in accordance with the most recent US EPA

Technology Review Workgroup recommendations. In addition to the removal of the variance, the 2020 draft permit includes monitoring requirements that the facility meet a monthly average delta (Δ) Color of 50 PCU at the Fiberville Bridge, when the Pigeon River flow at Canton is equal or above the Monthly 30Q2 flow of 129 cubic feet per second. Previously, a Settlement Agreement between NC, Tennessee (TN), and the US Environmental Protection Agency (EPA) required that the facility meet an instream color of 50 PCU at the TN/NC state line, located approximately 40 river miles below the discharge. A summary of the history of the variance, review of applicable regulations, and a reevaluation of the stream conditions is located at: https://deq.nc.gov/news/events/public-notices-hearings

RECOMMENDATION

In accordance with state and federal regulations, the proposed variance modification to the permit is effectively a change to water quality standards and subject to public hearing. Under 40 CFR Part 131.14 (b)(1)(v) the state has reevaluated the Color Variance, examined the highest attainable condition using all existing and readily available information and, now, provides notification to obtain public input on this reevaluation, to confirm the finding that the present condition for color corresponds to meeting the applicable criterion at 15A NCAC 02B .0211(12) and that a variance is no longer required for this facility per the intent of 40 CFR Part 131. Upon completion of the review process, and certification under 40 CFR Part 132.5(b)(2) from the State’s Attorney General’s office that proper notification has been given, the results of the EMC decisions will be submitted to the EPA for action.

ONLINE PUBLIC HEARING In the abundance of caution, and to address protective measures to help prevent the spread of COVID-19, the hearing will be held online. Date: January 20, 2021 Time: 6 pm WebEx link: https://ncdenrits.webex.com/ncdenrits/onstage/g.php?MTID=e6dd914ab0c9b2593dbb23321a36af245 WebEx password: Nk2BCEzm7P2 WebEx phone number: 1-415-655-0003 WebEx access code: 171 787 6586 (Please see information below regarding registering for, joining, and commenting at the public hearing.) REGISTRATION

To register for the hearing and provide your preference regarding speaking at the hearing, please visit: https://forms.office.com/Pages/ResponsePage.aspx?id=3IF2etC5mkSFw-zCbNftGRcM2xmuszROiks3JDQp2_RURjJSWUpMRThRSURXVzA5WFU5MkdNUzk1UC4u

https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=d8af74657dd47ae4c29884b5e817d0ed&term_occur=999&term_src=Title:40:Chapter:I:Subchapter:D:Part:131:Subpart:B:131.14https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=d8af74657dd47ae4c29884b5e817d0ed&term_occur=999&term_src=Title:40:Chapter:I:Subchapter:D:Part:131:Subpart:B:131.14https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=b1f5187410462698e131ac3068b7e3b6&term_occur=999&term_src=Title:40:Chapter:I:Subchapter:D:Part:131:Subpart:B:131.14

IN ADDITION


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Or scan the following QR code with your phone:

Registration must be completed by 12:00 pm on January 20, 2021. If you have any problems registering online, please call 919-707-9011 or email [email protected] by the registration deadline of 12:00 pm on January 20, 2021.

The Division of Water Resources highly recommends testing your computer's WebEx capabilities prior to the hearing at https://www.webex.com/test-meeting.html. For instructions about digital ways to join the public hearing, please refer to the WebEx Help Center online at https://help.webex.com/en-us/ .

To comment during the hearing after your name is called as a registered speaker and/or after the hearing officer asks if any people wish to comment following the registered speakers:

- If you join the hearing by phone, press *3 to “raise your hand,” speak, and press *3 to “lower your hand.”

- If you join the hearing online, press the “raise your hand” icon, speak, and press the “lower your hand” icon.

- The Hearing Officer may limit the length of time that you may speak, so that all those who wish to speak may do so.

IN ADDITION


1106

PUBLIC NOTICE

NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY

DIVISION OF WATER RESOURCES

The Division of Water Resources (DWR) Director intends to establish an interim maximum allowable concentration (IMAC) in

groundwater in accordance with 15A NCAC 02L .0202 for tetrahydrofuran (THF).

The data and documents supporting the establishment of this IMAC are available at this webpage:

https://deq.nc.gov/about/divisions/water-resources/water-planning/classification-standards/groundwater-imacs

The following IMAC value intends to be established for Class GA and GSA groundwaters:

Substance CAS Number Concentration

Tetrahydrofuran (THF) 109-99-9 2,000 µg/L

Persons wishing to provide comments on the intended action or the supporting information may submit electronically to

[email protected] or may mail comments to:

N.C. DEQ Division of Water Resources, Attn: Bridget Shelton

DWR Planning Section

1611 Mail Service Center

Raleigh, N.C. 27699-1611

Comments should be submitted no later than 5:00 PM on December 16, 2020. Thank you.

If you have any questions, please contact Bridget Shelton at 919-707-9022.

PROPOSED RULES


1107

Note from the Codifier: The notices published in this Section of the NC Register include the text of proposed rules. The agency

must accept comments on the proposed rule(s) for at least 60 days from the publication date, or until the public hearing, or a later

date if specified in the notice by the agency. If the agency adopts a rule that differs substantially from a prior published notice,

the agency must publish the text of the proposed different rule and accept comment on the proposed different rule for 60 days.

Statutory reference: G.S. 150B-21.2.

TITLE 10A – DEPARTMENT OF HEALTH AND HUMAN

SERVICES

Notice is hereby given in accordance with G.S. 150B-21.2 that the

Commission for Public Health intends to amend the rule cited as

10A NCAC 41A .0101.

Link to agency website pursuant to G.S. 150B-19.1(c):

https://cph.publichealth.nc.gov/

Proposed Effective Date: April 1, 2021

Public Hearing:

Date: December 18, 2020

Time: 10:00 a.m.

Location: This public hearing will be held by teleconference at

(919) 715-0769 (no access code).

Reason for Proposed Action: On February 5, 2020, the

Commission for Public Health adopted an amendment to 10A

NCAC 41A .0101 under emergency procedures and

simultaneously proposed to amend 10A NCAC 41A .0101 under

temporary procedures to update the communicable diseases and

conditions reporting requirements to include novel coronavirus

infections. The emergency amendment went into effect on

February 17, 2020. The temporary amendment was subsequently

amended to also including novel coronavirus infections causing

death, adopted on March 24, 2020, and became effective April 24,

2020. The Commission for Public Health is now proposing to

adopt a permanent amendment to ensure that these reporting

requirements do not expire from the Code.

Comments may be submitted to: Virginia Niehaus, CPH

Rulemaking Coordinator, 1931 Mail Service Center, Raleigh, NC

27699-1931; email [email protected]

Comment period ends: February 1, 2021

Procedure for Subjecting a Proposed Rule to Legislative

Review: If an objection is not resolved prior to the adoption of the

rule, a person may also submit written objections to the Rules

Review Commission after the adoption of the Rule. If the Rules

Review Commission receives written and signed objections after

the adoption of the Rule in accordance with G.S. 150B-21.3(b2)

from 10 or more persons clearly requesting review by the

legislature and the Rules Review Commission approves the rule,

the rule will become effective as provided in G.S. 150B-21.3(b1).

The Commission will receive written objections until 5:00 p.m.

on the day following the day the Commission approves the rule.

The Commission will receive those objections by mail, delivery

service, hand delivery, or facsimile transmission. If you have any

further questions concerning the submission of objections to the

Commission, please call a Commission staff attorney at 919-431-

3000.

Fiscal impact. Does any rule or combination of rules in this

notice create an economic impact? Check all that apply.

State funds affected

Local funds affected

Substantial economic impact (>= $1,000,000)

Approved by OSBM

No fiscal note required

CHAPTER 41 - EPIDEMIOLOGY HEALTH

SUBCHAPTER 41A - COMMUNICABLE DISEASE

CONTROL

SECTION .0100 - COMMUNICABLE DISEASE

CONTROL

10A NCAC 41A .0101 REPORTABLE DISEASES AND

CONDITIONS

(a) The following named diseases and conditions are declared to

be dangerous to the public health and are hereby made reportable

within the time period specified after the disease or condition is

reasonably suspected to exist:

(1) acquired immune deficiency syndrome (AIDS)

‑ 24 hours; (2) acute flaccid myelitis – 7 days;

(3) anaplasmosis – 7 days;

(4) anthrax ‑ immediately; (5) arboviral infection, neuroinvasive – 7 days;

(6) babesiosis – 7 days;

(7) botulism ‑ immediately;

(8) brucellosis ‑ 7 days;

(9) campylobacter infection ‑ 24 hours; (10) Candida auris - 24 hours;

(11) Carbapenem-Resistant Enterobacteriaceae

(CRE) – 24 hours;

(12) chancroid ‑ 24 hours;

(13) chikungunya virus infection ‑ 24 hours;

(14) chlamydial infection (laboratory confirmed) ‑ 7 days;

(15) cholera ‑ 24 hours; (16) Creutzfeldt-Jakob disease – 7 days;

(17) cryptosporidiosis – 24 hours;

(18) cyclosporiasis – 24 hours;

(19) dengue ‑ 7 days;

(20) diphtheria ‑ 24 hours;

PROPOSED RULES


1108

(21) Escherichia coli, shiga toxin-producing

infection ‑ 24 hours; (22) ehrlichiosis – 7 days;

(23) foodborne disease, including Clostridium

perfringens, staphylococcal, Bacillus cereus,

and other and unknown causes ‑ 24 hours;

(24) gonorrhea ‑ 24 hours;

(25) granuloma inguinale ‑ 24 hours;

(26) Haemophilus influenzae, invasive disease ‑ 24 hours;

(27) Hantavirus infection – 7 days;

(28) Hemolytic-uremic syndrome – 24 hours;

(29) Hemorrhagic fever virus infection –

immediately;

(30) hepatitis A ‑ 24 hours;

(31) hepatitis B ‑ 24 hours;

(32) hepatitis B carriage ‑ 7 days; (33) hepatitis C, acute – 7 days;

(34) human immunodeficiency virus (HIV)

infection confirmed ‑ 24 hours; (35) influenza virus infection causing death – 24

hours;

(36) legionellosis ‑ 7 days; (37) leprosy – 7 days;

(38) leptospirosis ‑ 7 days; (39) listeriosis – 24 hours;

(40) Lyme disease ‑ 7 days;

(41) Lymphogranuloma venereum ‑ 7 days;

(42) malaria ‑ 7 days;

(43) measles (rubeola) ‑ immediately;

(44) meningitis, pneumococcal ‑ 7 days;

(45) meningococcal disease ‑ 24 hours;

(46) Middle East respiratory syndrome (MERS) ‑ 24 hours;

(47) monkeypox – 24 hours;

(48) mumps ‑ 7 days;

(49) nongonococcal urethritis ‑ 7 days; (50) novel coronavirus infection causing death – 24

hours;

(51) novel coronavirus infection – immediately;

(50)(52) novel influenza virus infection – immediately;

(51)(53) plague ‑ immediately;

(52)(54) paralytic poliomyelitis ‑ 24 hours; (53)(55) pelvic inflammatory disease – 7 days;

(54)(56) psittacosis ‑ 7 days;

(55)(57) Q fever ‑ 7 days;

(56)(58) rabies, human ‑ 24 hours;

(57)(59) rubella ‑ 24 hours;

(58)(60) rubella congenital syndrome ‑ 7 days;

(59)(61) salmonellosis ‑ 24 hours; (60)(62) severe acute respiratory syndrome (SARS) – 24

hours;

(61)(63) shigellosis ‑ 24 hours;

(62)(64) smallpox ‑ immediately; (63)(65) spotted fever rickettsiosis – 7 days;

(64)(66) Staphylococcus aureus with reduced

susceptibility to vancomycin – 24 hours;

(65)(67) streptococcal infection, Group A, invasive

disease ‑ 7 days;

(66)(68) syphilis ‑ 24 hours;

(67)(69) tetanus ‑ 7 days;

(68)(70) toxic shock syndrome ‑ 7 days;

(69)(71) trichinosis ‑ 7 days;

(70)(72) tuberculosis ‑ 24 hours; (71)(73) tularemia – immediately;

(72)(74) typhoid ‑ 24 hours;

(73)(75) typhoid carriage (Salmonella typhi) ‑ 7 days;

(74)(76) typhus, epidemic (louse-borne) ‑ 7 days; (75)(77) vaccinia – 24 hours;

(76)(78) varicella – 24 hours;

(77)(79) vibrio infection (other than cholera) – 24 hours;

(78)(80) whooping cough – 24 hours;

(79)(81) yellow fever – 7 days; and

(80)(82) zika virus – 24 hours.

(b) For purposes of reporting, "confirmed human

immunodeficiency virus (HIV) infection" is defined as a positive

virus culture, repeatedly reactive EIA antibody test confirmed by

western blot or indirect immunofluorescent antibody test, positive

nucleic acid detection (NAT) test, or other confirmed testing

method approved by the Director of the State Public Health

Laboratory conducted on or after February 1, 1990. In selecting

additional tests for approval, the Director of the State Public

Health Laboratory shall consider whether such tests have been

approved by the federal Food and Drug Administration,

recommended by the federal Centers for Disease Control and

Prevention, and endorsed by the Association of Public Health

Laboratories.

(c) In addition to the laboratory reports for Mycobacterium

tuberculosis, Neisseria gonorrhoeae, and syphilis specified in G.S.

130A-139, laboratories shall report using electronic laboratory

reporting (ELR), secure telecommunication, or paper reports.

(1) Isolation or other specific identification of the

following organisms or their products from

human clinical specimens:

(A) Anaplasma spp, spp., the causes of

anaplasmosis.

(B) Any hantavirus hantavirus. or

hemorrhagic fever virus.

(C) Any hemorrhagic fever virus.

(C)(D) Arthropod-borne virus (any type).

(D)(E) Babesia spp., the cause of babesiosis.

(E)(F) Bacillus anthracis, the cause of

anthrax.

(F)(G) Bordetella pertussis, the cause of

whooping cough (pertussis).

(G)(H) Borrelia burgdorferi, the cause of

Lyme disease (confirmed tests).

(H)(I) Brucella spp., the causes of

brucellosis.

(I)(J) Campylobacter spp., the causes of

campylobacteriosis.

(J)(K) Candida auris.

PROPOSED RULES


1109

(K)(L) Carbapenem-Resistant

Enterobacteriaceae (CRE).

(L)(M) Chlamydia trachomatis, the cause of

genital chlamydial infection,

conjunctivitis (adult and newborn) and

pneumonia of newborns.

(M)(N) Clostridium botulinum, a cause of

botulism.

(N)(O) Clostridium tetani, the cause of

tetanus.

(P) Coronavirus, novel human strain.

(O)(Q) Corynebacterium diphtheriae, the

cause of diphtheria.

(P)(R) Coxiella burnetii, the cause of Q fever.

(Q)(S) Cryptosporidium spp., the cause of

human cryptosporidiosis.

(R)(T) Cyclospora cayetanesis, cayetanensis,

the cause of cyclosporiasis.

(S)(U) Dengue virus.

(T)(V) Ehrlichia spp., the causes of

ehrlichiosis.

(U)(W) Shiga toxin-producing Escherichia

coli, a cause of hemorrhagic colitis,

hemolytic uremic syndrome, and

thrombotic thrombocytopenic

purpura.

(V)(X) Francisella tularensis, the cause of

tularemia.

(W)(Y) Hepatitis A virus.

(X)(Z) Hepatitis B virus or any component

thereof, such as hepatitis B surface

antigen.

(Y)(AA) Human Immunodeficiency Virus, the

cause of AIDS.

(Z)(BB) Legionella spp., the causes of

legionellosis.

(AA)(CC) Leptospira spp., the causes of

leptospirosis.

(BB)(DD) Listeria monocytogenes, the cause

of listeriosis.

(CC)(EE) Measles virus.

(DD)(FF) Middle East respiratory syndrome

virus.

(EE)(GG) Monkeypox.

(FF)(HH) Mumps virus.

(GG)(II) Mycobacterium leprae, the cause of

leprosy.

(HH)(JJ) Plasmodium falciparum, P. malariae,

P. ovale, and P. vivax, the causes of

malaria in humans.

(II)(KK) Poliovirus (any), the cause of

poliomyelitis.

(JJ)(LL) Rabies virus.

(KK)(MM) Rickettsia spp., the cause of spotted

fever rickettsiosis.

(LL)(NN) Rubella virus.

(MM)(OO) Salmonella spp., the causes of

salmonellosis.

(NN)(PP) Shigella spp., the causes of

shigellosis.

(OO)(QQ) Smallpox virus, the cause of

smallpox.

(PP)(RR) Staphylococcus aureus with reduced

susceptibility to vanomycin.

vancomycin.

(QQ)(SS) Trichinella spiralis, the cause of

trichinosis.

(RR)(TT) Vaccinia virus.

(SS)(UU) Varicella virus.

(TT)(VV) Vibrio spp., the causes of cholera and

other vibrioses.

(UU)(WW) Yellow fever virus.

(VV)(XX) Yersinia pestis, the cause of plague.

(WW)(YY) Zika virus.

(2) Isolation or other specific identification of the

following organisms from normally sterile

human body sites:

(A) Group A Streptococcus pyogenes

(group A streptococci).

(B) Haemophilus influenzae, serotype b.

(C) Neisseria meningitidis, the cause of

meningococcal disease.

(3) Positive serologic test results, as specified, for

the following infections:

(A) Fourfold or greater changes or

equivalent changes in serum antibody

titers to:

(i) Any arthropod-borne virus

associated with

neuroinvasive disease.

(ii) Anaplasma spp., the cause of

anaplasmosis.

(iii) Any hantavirus or

hemorrhagic fever virus.

(iv) Chlamydia psittaci, the cause

of psittacosis.

(v) Chikungunya virus.

(vi) Coxiella burnetii, the cause

of Q fever.

(vii) Dengue virus.

(viii) Ehrlichia spp., the causes of

ehrlichiosis.

(ix) Measles (rubeola) virus.

(x) Mumps virus.

(xi) Rickettsia rickettsii, the

cause of Rocky Mountain

spotted fever.

(xii) Rubella virus.

(xiii) Varicella virus.

(xiv) Yellow fever virus.

(B) The presence of IgM serum antibodies

to:

(i) Any arthropod-borne virus

associated with

neuroinvasive disease.

(ii) Chikungunya virus.

(iii) Chlamydia psittaci.

PROPOSED RULES


1110

(iv) Dengue virus.

(v) Hepatitis A virus.

(vi) Hepatitis B virus core

antigen.

(vii) Mumps virus.

(viii) Rubella virus.

(ix) Rubeola (measles) virus.

(x) Yellow fever virus.

(4) Laboratory results from tests to determine the

absolute and relative counts for the T-helper

(CD4) subset of lymphocytes and all results

from tests to determine HIV viral load.

(5) Identification of CRE from a clinical specimen

associated with either infection or colonization,

including all susceptibility results and all

phenotypic or molecular test results.

(d) Laboratories utilizing electronic laboratory reporting (ELR)

shall report in addition to those listed under Paragraph (c) of this

Rule:

(1) All positive laboratory results from tests used to

diagnosis chronic Hepatitis C Infection,

including the following:

(A) Hepatitis C virus antibody tests

(including the test specific signal to

cut-off (s/c) ratio);

(B) Hepatitis C nucleic acid tests;

(C) Hepatitis C antigen(s) tests; and

(D) Hepatitis C genotypic tests.

(2) All HIV genotypic test results, including when

available:

(A) The entire nucleotide sequence; or

(B) The pol region sequence (including all

regions: protease (PR)/reverse

transcriptase (RT) and integrase (INI)

genes, if available).

(3) All test results for Interferon Gamma Release

Assays.

(e) For the purposes of reporting, Carbapenem-Resistant

Enterobacteriaceae (CRE) are defined as:

(1) Enterobacter spp, spp., E.coli or Klebsiella spp

positive for a known carbapenemase resistance

mechanism or positive on a phenotypic test for

carbapenemase production; or

(2) Enterobacter spp, spp., E.coli or Klebsiella spp

resistant to any carbapenem in the absence of

carbapenemase resistance mechanism testing or

phenotypic testing for carbapenemase

production.

Authority G.S. 130A-134; 130A-135; 130A-139; 130A-141.

TITLE 15A – DEPARTMENT OF ENVIRONMENTAL

QUALITY

Notice is hereby given in accordance with G.S. 150B-21.2 and

G.S. 150B-21.3A(c)(2)g. that the Wildlife Resources Commission

intends to adopt the rules cited as 15A NCAC 10A .1102; 10B

.0227, amend the rules cited as 15A NCAC 10B .0116, .0202,

.0203; 10C .0205, .0211, .0305, .0314, .0316, .0321, .0322, .0401;

10D .0102, .0103; 10J .0103, and readopt with substantive

changes the rules cited as 15A NCAC 10B .0110; and 10C .0402.

Link to agency website pursuant to G.S. 150B-19.1(c):

https://www.ncwildlife.org/Proposed-Regulations

Proposed Effective Date: August 1, 2021

Public Hearing:

Date: January 12, 2021

Time: 7:00 pm

Location: Craven County Courthouse, 302 Broad Street, New

Bern, NC 28560


Time: 7:00 pm

Location: AVS Catering and Banquet Center, 2045 N.

Fayetteville Street, Asheboro, NC 27203


Time: 7:00 pm

Location: McDowell Technical Community College, 54 College

Drive, Marion, NC 28752


Time: 7:00 pm

Location: Register in advance for this webinar:

https://ncwildlife.zoom.us/webinar/register/WN_jef8D745QLmI6

b-b81hy8Q or join by phone toll free (877-853-5247 or 888-788-

0099) using Webinar ID: 938 2215 0018

Reason for Proposed Action: Each year, the N.C. Wildlife

Resources Commission reviews and adjusts as needed, seasons,

bag limits, and the management of land, in order to achieve

conservation management goals, comply with statutory changes,

and respond to constituent requests.

Comments may be submitted to: Rule-making Coordinator,

1701 Mail Service Center, Raleigh, NC 27699; email

[email protected]

Comment period ends: February 1, 2021

Procedure for Subjecting a Proposed Rule to Legislative

Review: If an objection is not resolved prior to the adoption of the

rule, a person may also submit written objections to the Rules

Review Commission after the adoption of the Rule. If the Rules

Review Commission receives written and signed objections after

the adoption of the Rule in accordance with G.S. 150B-21.3(b2)

from 10 or more persons clearly requesting review by the

legislature and the Rules Review Commission approves the rule,

the rule will become effective as provided in G.S. 150B-21.3(b1).

The Commission will receive written objections until 5:00 p.m.

on the day following the day the Commission approves the rule.

The Commission will receive those objections by mail, delivery

service, hand delivery, or facsimile transmission. If you have any

further questions concerning the submission of objections to the

PROPOSED RULES


1111

Commission, please call a Commission staff attorney at 919-431-

3000.

Fiscal impact. Does any rule or combination of rules in this

notice create an economic impact? Check all that apply.

State funds affected

Local funds affected

Substantial economic impact (>= $1,000,000)

Approved by OSBM

No fiscal note required

CHAPTER 10 - WILDLIFE RESOURCES AND WATER

SAFETY

SUBCHAPTER 10A - WILDLIFE RESOURCES

COMMISSION

SECTION .1100 - WAIVER

15 NCAC 10A .1102 EMERGENCY CLOSURES AND

WAIVERS

(a) The Commission may prohibit or restrict public access to and

use of Wildlife Resources Commission property if the

Commission finds that the closure is necessary to protect public

health, public safety, or wildlife resources. Closures exercised

under this Paragraph shall only be exercised for the duration of

the threat.

(b) The Commission may waive any rule in this Chapter or

portion thereof, that is not statutorily required, upon declaration

of a national emergency, disaster, or state of emergency, by a

federal, state, or local governmental authority impacting North

Carolina. Waivers exercised under this Paragraph shall only be

exercised for the duration of the declaration.

(c) The Commission may delegate emergency closure and waiver

authority to the Executive Director.

(d) The following factors shall be considered in determining

whether to restrict or prohibit public access or use, or waive

requirements of rule:

(1) need for the closure or waiver;

(2) degree of benefit to the public, if applicable;

(3) degree of benefit to the resource, if applicable;

(4) degree of disruption to the Commission; and

(5) cost to the Commission.

(e) All closures and waivers shall be posted on the Commission

website at www.ncwildlife.org.

(f) It is unlawful to use, enter, or remain on Wildlife Resources

Commission Property that is closed pursuant to this Rule.

SUBCHAPTER 10B - HUNTING AND TRAPPING

SECTION .0100 - GENERAL REGULATIONS

15A NCAC 10B .0110 ATTENDANCE OF TRAPS

(a) Every trap shall be visited daily and any animal caught therein

removed, except for completely submerged conibear type traps

which shall be visited once every 72 hours and any animal caught

therein removed.

(b) Remote trap checking systems may be used in lieu of visiting

the trap, provided the system has the following features:

(1) a control unit that remains in continuous

operation and reports trap status to a centralized

application database at least once every 24

hours;

(2) notification alarms that report trap closures and

system health issues within one hour of

detection via email and text-based messaging

systems; and

(3) on-demand control unit testing capabilities for

determining trap status, signal strength, and

battery condition via remote system check-in.

(c) If the remote trap checking system control unit reports a trap

closure, the trap shall be physically visited within 24 hours of the

time the trap was reported closed.

(d) If a remote trap checking system control unit fails to report

trap status within a 24-hour period, or reports a system health

issue, the trap shall be physically visited within 24 hours of the

last time an open trap signal was received.

(e) Remote trap checking system users shall maintain records of

trap status and notification alarms for a period of no less than

seven days after receipt. Records shall be made available for

inspection upon request by a representative of the Commission.

Authority G.S. 113-134; 113-291.6.

15A NCAC 10B .0116 PERMITTED ARCHERY

EQUIPMENT

(a) "Archery equipment" means any device that has a solid,

stationary handle, two limbs, and a string, that uses non-

pneumatic means to propel a single arrow or bolt and may be used

to take game and nongame species.

(b) When used for taking bear, deer, elk, wild turkey, alligator,

and feral swine, longbows Longbows and recurved bows having

shall have a minimum pull of 40 pounds, compound bows having

a minimum pull of 35 pounds, and crossbows having shall have a

minimum pull of 100 pounds. pounds shall be used for taking

bear, deer, elk, wild turkey, alligator, and feral swine.

(c) Archery equipment utilizing an elastic string and having a

minimum pull of 40 pounds may be used to take deer, wild turkey,

small game animals, nongame animals, and nongame fish.

(d) Only arrows and bolts with a fixed minimum broadhead width

of seven-eighths of an inch or a mechanically opening broadhead

with a width of at least seven-eighths of an inch in the open

position shall be used for taking bear, deer, elk, wild turkey,

alligator, and feral swine.

(e) Blunt-type arrow heads may be used in taking small animals

and birds including rabbits, squirrels, quail, grouse, and

pheasants.

(f) Poisonous, drugged, or explosive arrowheads shall not be used

for taking any wildlife.

Authority G.S. 113-134; 113-291.1(a).

SECTION .0200 - HUNTING

15A NCAC 10B .0202 BEAR

(a) Open Seasons for hunting bear shall be from the:

(1) Monday on or nearest October 15 through the

Saturday before Thanksgiving and the third

PROPOSED RULES


1112

Monday after Thanksgiving through January 1

in and west of Surry, Wilkes, Caldwell, Burke,

and Cleveland counties;

(2) Second Monday in November through January

1 in Bladen, Brunswick, Carteret, Columbus,

Cumberland, Duplin, New Hanover, Onslow,

Pamlico, Pender, Robeson, and Sampson

counties;

(3) Second Saturday in November through the

second Sunday thereafter and the third Saturday

after Thanksgiving through the fifth Sunday

after Thanksgiving in Beaufort, Bertie, Craven,

Hertford, Jones, Martin, and Washington

counties;

(4) Second Saturday in November through the third

Sunday thereafter and the third Saturday after

Thanksgiving through the fifth Sunday after

Thanksgiving in Dare, Hyde, and Tyrrell

counties;

(5) Second Saturday in November through the

second Sunday thereafter and the third Saturday

after Thanksgiving through the fifth Sunday

after Thanksgiving in Currituck, Gates, and

Perquimans counties;

(6) Second Sunday in November through the

following Sunday Sunday, when November 1

falls on a Sunday the season shall be from the

third Sunday in November through the

following Sunday, and the third Saturday after

Thanksgiving through the fifth Sunday after

Thanksgiving in Camden, Chowan, and

Pasquotank counties;

(7) Third Saturday in November though the fifth

Sunday thereafter in Edgecombe, Greene,

Halifax, Lenoir, Nash, Northampton, Pitt,

Wayne, and Wilson counties; and

(8) Concurrent with the open season for all lawful

weapons for hunting deer as specified in 15A

NCAC 10B .0203(a)(1) in Alamance,

Alexander, Anson, Cabarrus, Caswell,

Catawba, Chatham, Davie, Davidson, Durham,

Franklin, Forsyth, Gaston, Granville, Guilford,

Harnett, Hoke, Iredell, Johnston, Lee, Lincoln,

Mecklenburg, Montgomery, Moore, Orange,

Person, Randolph, Richmond, Rockingham,

Rowan, Scotland, Stanly, Stokes, Union,

Vance, Wake, Warren, and Yadkin counties.

(b) Restrictions

(1) For purposes of this Paragraph, "bait" means

any natural, unprocessed food product that is a

grain, fruit, nut, vegetable, or other material

harvested from a plant crop that is not modified

from its raw components.

(2) Bears shall not be taken with the use or aid of:

(A) any processed food product as defined

in G.S. 113-294(r), any animal, animal

part or product, salt, salt lick, honey,

sugar, sugar-based material, syrups,

candy, pastry, gum, candy block, oils,

spices, peanut butter, or grease;

(B) any extracts of substances identified in

Part (A) of this Subparagraph;

(C) any substances modified by

substances identified in Part (A) of this

Subparagraph, including any extracts

of those substances; or

(D) any bear bait attractant, including

sprays, aerosols, scent balls, and scent

powders.

(3) Bears may be taken with the aid of bait from the

Monday on or nearest October 15 to the

Saturday before Thanksgiving in the counties in

Subparagraph (a)(1) of this Rule.

(4) Bears may be taken with the aid of bait during

the entire open season in the counties identified

in Subparagraphs (a)(2) through (a)(6) of this

Rule.

(5) Bears shall not be taken while in the act of

consuming bait.

(6) Hunters shall not take bears using dogs in the

following counties: Alamance south of

Interstate 85, Anson west of N.C. Hwy 742,

Cabarrus, Chatham, Davie, Davidson, Franklin,

Forsyth, Gaston, Guilford, Lee, Lincoln,

Mecklenburg, Montgomery, Orange south of

Interstate 85, Randolph, Rockingham, Rowan,

Stanly, Union, and Wake south of N.C. Hwy

98. In all other counties and parts of counties,

hunters may take bears using dogs and may

release dogs in the vicinity of bait.

(c) No Open Season. It shall be unlawful to take bear on posted

bear sanctuaries except when authorized by permit issued by the

Commission. See 15A NCAC 10D .0106 for posted bear

sanctuaries.

(d) The daily bag limit for bear is one, the possession limit is one,

and the season limit is one.

Authority G.S. 113-134; 113-291.1; 113-291.2; 113-291.7; 113-

305.

15A NCAC 10B .0203 DEER (WHITE-TAILED)

(a) Open Seasons (All Lawful Weapons) for hunting deer:

(1) Deer With Visible Antlers. Deer with antlers or

spikes protruding through the skin, as

distinguished from knobs or buttons covered by

skin or velvet, may be taken on all game lands

except Buffalo Cove, Nicholson Creek,

Rockfish Creek, Sandhills, and South

Mountains Game Lands (Refer to 15A NCAC

10D .0103 for Deer With Visible Antlers

seasons on these Game Lands), during the

following seasons:

(A) Saturday on or nearest October 15

through January 1 in all of Beaufort,

Bladen, Brunswick, Carteret,

Columbus*, Cumberland, Craven,

Dare, Duplin, Harnett, Hoke, Hyde,

PROPOSED RULES


1113

Jones, Lenoir, Moore, New Hanover,

Onslow, Pamlico, Pender, Richmond,

Robeson, Sampson, Scotland, Tyrrell,

and Washington counties.

*Unlawful to hunt or kill deer in Lake

Waccamaw or within 50 yards of its

shoreline.

(B) Saturday on or nearest October 15

through January 1 in all of Bertie,

Camden, Chowan, Currituck,

Edgecombe, Franklin, Gates, Greene,

Halifax, Hertford, Johnston, Martin,

Nash, Northampton, Pasquotank,

Perquimans, Pitt, Vance, Wake,

Warren, Wayne, and Wilson counties.

(C) Saturday before Thanksgiving Day

through January 1 in all of Alexander,

Alleghany, Ashe, Catawba,

Cleveland, Davie, Forsyth, Gaston,

Iredell, Lincoln, Polk, Rutherford,

Stokes, Surry, Watauga, Wilkes, and

Yadkin counties.

(D) Monday of Thanksgiving week

through the third Saturday after

Thanksgiving Day in all of Avery,

Buncombe, Burke, Caldwell,

Cherokee, Clay, Graham, Haywood,

Henderson, Jackson, Macon,

Madison, McDowell, Mitchell, Swain,

Transylvania, and Yancey counties.

(E) Two Saturdays before Thanksgiving

Day through January 1 in all of

Alamance, Anson, Cabarrus, Caswell,

Chatham, Davidson, Durham,

Granville, Guilford, Lee,

Mecklenburg, Montgomery, Orange,

Person, Randolph, Rockingham,

Rowan, Stanly, and Union counties.

(F) Saturday on or nearest September 10

through January 1 in those parts of

Camden, Gates, and Pasquotank

counties known as the Dismal Swamp

National Wildlife Refuge; in those

parts of Hyde, Tyrrell, and

Washington counties known as the

Pocosin Lakes National Wildlife

Refuge; in that part of Hyde county

known as Lake Mattamuskeet

National Wildlife Refuge; in those

parts of Dare and Hyde counties

known as Alligator River National

Wildlife Refuge; in those parts of

Anson and Richmond counties known

as the Pee Dee National Wildlife

Refuge; and in that part of Currituck

County known as the Mackay Island

National Wildlife Refuge.

(2) Deer of Either Sex. Except on Game Lands,

deer of either sex may be taken during the open

seasons and in the counties and portions of

counties listed in Parts (A), (B), (C), (D), (E),

(F), and (G) of this Subparagraph (Refer to 15A

NCAC 10D .0103 for either-sex deer seasons

on Game Lands). Deer of either sex may be

taken during the open season identified in Part

(H) of this Subparagraph.

(A) The open either-sex deer hunting dates

established by the U.S. Fish and

Wildlife Service during the period

from the Saturday on or nearest

September 10 through January 1 in

those parts of Camden, Gates, and

Pasquotank counties known as the

Dismal Swamp National Wildlife

Refuge; in those parts of Hyde,

Tyrrell, and Washington counties

known as the Pocosin Lakes National

Wildlife Refuge; in those parts of

Anson and Richmond counties known

as the Pee Dee National Wildlife

Refuge; and in those parts of Currituck

County known as the Currituck

National Wildlife Refuge and the

Mackay Island National Wildlife

Refuge.

(B) The open either-sex deer hunting dates

established by the appropriate military

commands at each of the military

installations listed in this Paragraph,

during the period from Saturday on or

nearest October 15 through January 1

in that part of Brunswick County

known as the Sunny Point Military

Ocean Terminal, in that part of Craven

County known and marked as Cherry

Point Marine Base, in that part of

Onslow County known and marked as

the Camp Lejeune Marine Base, on

Fort Bragg Military Reservation, and

on Camp Mackall Military

Reservation.

(C) Youth either-sex deer hunts. First

Saturday in October for youth either-

sex deer hunting by permit only on a

portion of Belews Creek Steam

Station in Stokes County designated

by agents of the Commission; the third

Saturday in October for youth either-

sex deer hunting by permit only on

Mountain Island State Forest in

Lincoln and Gaston counties; and the

second Saturday in November for

youth either-sex deer hunting by

permit only on apportion of Warrior

Creek located on W. Kerr Scott

Reservoir, Wilkes County designated

by agents of the Commission. A youth

PROPOSED RULES


1114

is defined as a person under 18 years

of age.

(D) The first open Saturday of the Deer

with Visible Antlers season described

in Subparagraph (a)(1) of this Rule in

all of Buncombe*, Haywood,

Henderson, Madison, and

Transylvania counties.

*Except for that part east of NC 191,

south of the French Broad and

Swannanoa Rivers, west of US 25, and

north of NC 280

(E) The first open day of the Deer With

Visible Antlers season described in

Subparagraph (a)(1) of this Rule

through the first Saturday thereafter in

all of Avery, Burke, Caldwell,

McDowell, Mitchell, and Yancey

counties.

(F) The first open day of the Deer with


Subparagraph (a)(1) of this Rule

through the second Friday thereafter in

all of Cleveland, Polk, and Rutherford

counties.

(G) All the open days of the Deer With


Subparagraph (a)(1) of this Rule in

and east of Ashe, Watauga, Wilkes,

Alexander, Catawba, Lincoln, and

Gaston counties and in the following

parts of counties: Buncombe: That

part east of NC 191, south of the

French Broad and Swannanoa Rivers,

west of US 25, and north of NC 280;

and Henderson; That part east of NC

191 and north and west of NC 280.

(H) The fourth Saturday in September in

all counties, subject to the following

restriction: only persons under the age

of 18 years may hunt.

(b) Open Seasons (Archery) for hunting deer:

(1) Authorization. Subject to the restrictions set out

in Subparagraph (2) of this Paragraph and the

bag limits set out in Paragraph (e) of this Rule,

deer may be taken with archery equipment

during the following seasons:

(A) Saturday on or nearest September 10

through the day immediately

preceding the first open day of the

Blackpowder Firearms and Archery

Seasons described in Subparagraph

(c)(1) of this Rule; and the Sunday

immediately following the closing of

blackpowder firearms and archery

season identified in Part (c)(1)(B) of

this Rule to the Sunday before

Thanksgiving in the counties and parts

of counties having the open seasons

for Deer With Visible Antlers

specified by Part (a)(1)(D) of this Rule

except on Buffalo Cove, Nicholson

Creek, Rockfish Creek, Sandhills, and

South Mountains Game Lands (Refer

to 15A NCAC 10D .0103 for Archery

seasons on these Game Lands).

(B) Sunday immediately following the

closing of the open season for Deer

With Visible Antlers through January

1 in the counties and parts of counties

having the open season for Deer With

Visible Antlers specified by Part

(a)(1)(D) of this Rule.

(2) Restrictions

(A) In the areas of the State where the

Commission is authorized to regulate

the use of dogs as provided in G.S.

113-291.5, dogs may not be used for

hunting deer during the archery

season, except a single dog on a leash

may be used to retrieve a dead or

wounded deer in accordance with G.S.

113-291.1(k).

(B) Only archery equipment of the types

authorized in 15A NCAC 10B .0116

for taking deer may be used during the

archery deer hunting season.

(C) Deer of either sex may be taken during

archery seasons specified by Part

(b)(1)(A) of this Rule.

(D) Only deer with antlers or spikes

protruding through the skin, as

distinguished from knobs or buttons

covered by skin or velvet, shall be

taken during the archery season

specified by Part (b)(1)(B) of this

Rule.

(c) Open Seasons (Blackpowder Firearms and Archery) for

hunting deer:


in Subparagraph (2) of this Paragraph, deer may

be taken only with blackpowder firearms and

archery equipment during the following

seasons:

(A) Two Saturdays preceding the first day

of the Deer with Visible Antlers

seasons described in Parts (a)(1)(A),

(B), (C), (E), and (F) of this Rule

through the second Friday thereafter

except on Buffalo Cove, Nicholson

Creek, Rockfish Creek, Sandhills, and

South Mountains Game Lands (Refer

to 15A NCAC 10D .0103 for

Blackpowder Firearms and Archery

seasons on these Game Lands):

(B) Monday on or nearest October 1

through the second Saturday thereafter

in the counties and parts of counties

PROPOSED RULES


1115

having the open seasons for Deer With

Visible Antlers specified by Part

(a)(1)(D) of this Rule.

(2) Restrictions

(A) Deer of either sex may be taken during

blackpowder firearms and archery

season in any county or county part set

forth in Part (a)(2)(G) of this Rule that

has either-sex days for all lawful

weapons and in the following

counties: Polk, Rutherford,

McDowell, Burke, Caldwell, and

Cleveland. Deer of either sex may be

taken on the first Saturday day of this

season only in all other counties.

(B) In the areas of the State where the



113-291.5, dogs shall not be used for

hunting deer during the blackpowder

firearms and archery seasons, except a

single dog on a leash may be used to

retrieve a dead or wounded deer in

accordance with G.S. 113-291.1(k).

(3) As used in this Rule, blackpowder firearms

means "Any firearm - including any firearm

with a matchlock, flintlock, percussion cap, or

similar type of ignition system - manufactured

in or before 1898, that cannot use fixed

ammunition; any replica of this type of firearm

if such replica is not designed or redesigned for

using rimfire or conventional centerfire fixed

ammunition; and any muzzle-loading rifle,

muzzle-loading shotgun, or muzzle-loading or

cylinder-loading handgun that is designed to

use blackpowder, blackpowder substitute, or

any other propellant loaded through the muzzle

or cylinder muzzle, cylinder, or breech and that

cannot use fixed ammunition."

(d) Open Season (Urban Season) for hunting deer:


in Subparagraph (3) of this Paragraph and the

bag limits set out in Paragraph (e) of this Rule,

deer of either sex may be taken with bow and

arrow in participating cities in the State, as

defined in G.S. 160A-1(2), from the second

Saturday following January 1 through the sixth

Sunday thereafter. Deer shall not be taken on

any game land or part thereof that occurs within

a city boundary.

(2) Participation. Cities that intend to participate in

the urban season shall send a letter to that effect

no later than April 1 of the year prior to the start

of the urban season to the Executive Director or

his designee at 1722 Mail Service Center,

Raleigh, N.C. 27699-1700. Cities shall also

submit a map of the city's boundaries within

which the urban season shall apply.

(3) Restrictions:

(A) In the areas of the State where the



113-291.5, dogs shall not be used for

hunting deer during the urban season,

except a single dog on a leash may be

used to retrieve a dead or wounded

deer in accordance with G.S. 113-

291.1(k).

(B) Only archery equipment of the types

authorized in 15A NCAC 10B .0116

for taking deer shall be used during the

urban season.

(e) Bag limits. The possession and season limit is six deer, two of

which may be deer with visible antlers and four of which may be

antlerless deer. Antlerless deer include males with knobs or

buttons covered by skin or velvet as distinguished from spikes

protruding through the skin. In addition to the bag limits described

above, a hunter may obtain multiple bonus antlerless deer harvest

report cards from the Wildlife Resources Commission or any

Wildlife Service Agent to allow the harvest of two additional

antlerless deer per card for deer harvested during the season

described in Paragraph (d) of this Rule within the boundaries of

participating municipalities, except on State-owned game lands.

Antlerless deer harvested and reported on the bonus antlerless

harvest report card shall not count as part of the possession and

season limit. The bag limits described above do not apply to deer

harvested in areas covered in the Deer Management Assistance

Program (DMAP) as described in G.S. 113-291.2(e) for those

individuals using Commission-issued DMAP tags and reporting

harvest as described on the DMAP license. Season bag limits shall

be set by the number of DMAP tags issued and in the hunters'

possession. All deer harvested under this program, regardless of

the date of harvest, shall be tagged with these DMAP tags and

reported as instructed on the DMAP license. The hunter does not

have to validate the Big Game Harvest Report Card provided with

the hunting license for deer tagged with the DMAP tags. Any deer

harvested on lands enrolled in the DMAP and not tagged with

DMAP tags may only be harvested during the regularly

established deer seasons subject to all the restrictions of those

seasons, including bag limits, and reported using the big game

harvest report card or the bonus antlerless harvest report card.

Authority G.S. 113-134; 113-270.3; 113-276.1; 113-291.1; 113-

291.2; 113-291.5.

15A NCAC 10B .0227 WILD QUAIL MANGEMENT

AREAS

(a) A Wild Quail Management Area shall be land maintained to

enhance enjoyment of sportsmen and support wild bobwhite quail

conservation under signed agreement between the landowner(s)

and the Wildlife Resources Commission.

(b) The following minimum qualifications shall apply to all Wild

Quail Management Areas:

(1) At least 1,500 acres of contiguous land; and

(2) A minimum of 15 percent of the land shall be

maintained in year-round bobwhite quail

habitat.

PROPOSED RULES


1116

(c) Wild bobwhite quail habitat shall be any habitat described as

early successional habitat within the North Carolina Wildlife

Action Plan, available online, free of charge, at

www.ncwildlife.org.

(d) Landowners interested in establishing a Wild Quail

Management Area shall contact the Commission as described on

the Commission's website at www.ncwildlife.org.

(e) The signed agreement between the landowner(s) and the

Commission shall include at a minimum:

(1) A list of all owners of land included in the Wild

Quail Management Area;

(2) County parcel identification information for

each parcel to be included in the Wild Quail

Management Area;

(3) A scaled map of the Wild Quail Management

Area with the areas to be maintained in year-

round bobwhite quail habitat clearly identified;

(4) Management practices to be used to maintain

bobwhite quail habitat and populations; and

(5) Any reporting requirements in addition to the

minimum requirements in Subparagraph (g)(6)

of this Rule that are specific to the individual

Wild Quail Management Area.

(f) Property inspection:

(1) All potential properties shall be inspected by a

representative of the Commission prior to

acceptance into the program; and

(2) Wild Quail Management Areas shall be

inspected by a representative of the

Commission at least once every five years.

(g) The following shall apply to all Wild Quail Management

Areas:

(1) No domestically raised upland game birds shall

be released on Wild Quail Management Areas;

(2) The hunting of wild bobwhite quail shall only

be permitted during the established seasons in

15A NCAC 10B .0208.

(3) Supplemental feeding, if conducted, shall be for

the primary purpose of ensuring that wild

bobwhite quail populations remain stable

during droughts or other periods of stressful

environmental conditions. Supplemental feed

shall:

(A) be broadcast into quail habitat along a

minimum linear distance of at least

one mile per 100 acres of habitat at a

rate of three bushels per mile;

(B) be broadcast on a bi-weekly schedule

during at least five months each year

(C) be broadcast using a non-stationary

spreader;

(D) be only natural grains or seed; and

(E) not be placed to attract birds for the

purpose of hunting.

(4) Except for wild bobwhite quail on Wild Quail

Management Areas, no wild birds may be taken

near or with the aid of supplemental feed.

(5) Trapping for raccoon, striped skunk, and

opossum on Wild Quail Management Areas for

the purpose of nest predator control shall be

allowed from the end of the established

trapping season in 15A NCAC 10B .0303

through May 31. Enclosed foot-hold traps with

a one-way trigger or cage traps may be used,

and trapped raccoons, striped skunks, and

opossums may be euthanized or released at the

trap site.

(6) An annual report for the period of June 1

through May 31 shall be submitted to the

Commission within 30 days of the end of the

reporting period, and shall include at least the

following:

(A) number of days and hours wild

bobwhite quail were hunted;

(B) total annual harvest of wild bobwhite

quail;

(C) total number of coveys flushed;

(D) supplemental feeding activities;

(E) number of trap nights, number of

animals trapped and their disposition

or release, by species, for trapping

activity conducted during trapping

seasons established by 15A NCAC

10B .0303; and

(F) number of trap nights, number of

animals trapped and their disposition

or release, by species, for trapping

activity conducted outside of trapping

seasons established by 15A NCAC

10B .0303.

SUBCHAPTER 10C - INLAND FISHING REGULATIONS

SECTION .0200 - GENERAL REGULATIONS

15A NCAC 10C .0205 PUBLIC MOUNTAIN TROUT

WATERS

(a) For purposes of this Rule, the following definitions apply:

(1) "Natural bait" means any living or dead

organism (plant or animal), or parts thereof, or

prepared substances designed to attract fish by

the sense of taste or smell.

(2) "Single hook" means a fish hook with only one

point.

(3) "Artificial lure" means a fishing lure that

neither contains nor has been treated by any

substance that attracts fish by the sense of taste

or smell.

(4) "Artificial fly" means one single hook dressed

with feathers, hair, thread, tinsel, rubber, or any

similar material to which no additional hook,

spinner, spoon or similar device is added.

(5) "Youth anglers" are individuals under 18 years

of age.

(b) For purposes of this Rule, 15A NCAC 10C .0316, and 15A

NCAC 10D .0104, the following classifications apply:

PROPOSED RULES


1117

(1) "Public Mountain Trout Waters" are all waters

included in this Rule and so designated in 15A

NCAC 10D .0104.

(2) "Catch and Release/Artificial Flies and Lures

Only Trout Waters" are Public Mountain Trout

Waters where only artificial flies and lures

having one single hook may be used. No trout

may be possessed or harvested while fishing

these streams. Waters designated as such

include tributaries unless otherwise noted.

(3) "Catch and Release/Artificial Lures Only Trout

Waters" are Public Mountain Trout Waters

where only artificial lures having one single

hook may be used. No trout may be possessed

or harvested while fishing these streams.

Waters designated as such include tributaries

unless otherwise noted.

(4)(3) "Delayed Harvest Trout Waters" are Public

Mountain Trout Waters where between October

1 and one-half hour after sunset on the Friday

before the first Saturday of the following June,

it is unlawful to possess natural bait, use more

than one single hook on an artificial lure, or

harvest or possess trout while fishing. From

6:00 a.m. on the first Saturday in June until

noon that same day, only youth anglers may

fish and these waters have no bait or lure

restrictions. From noon on the first Saturday in

June until October 1, anglers of all ages may

fish and these waters have no bait or lure

restrictions. Waters designated as such do not


(5)(4) "Hatchery Supported Trout Waters" are Public

Mountain Trout Waters that have no bait or lure

restrictions. Waters designated as such do not


(6)(5) "Special Regulation Trout Waters" are Public

Mountain Trout Waters where watercourse-

specific regulations apply. Waters designated

as such do not include tributaries unless

otherwise noted.

(7)(6) "Wild Trout Waters" are Public Mountain Trout

Waters which are identified as such in this Rule

or 15A NCAC 10D .0104. Only artificial lures

having only one single hook may be used. No

person shall possess natural bait while fishing

these waters. Waters designated as such do not


(8)(7) "Wild Trout Waters/Natural Bait" are Public

Mountain Trout Waters where all artificial lures

and natural baits, except live fish, may be used

provided they are fished using only one single

hook. Waters designated as such include

tributaries unless otherwise noted.

(9)(8) "Undesignated Waters" are all other waters in

the State. These waters have no bait or lure

restrictions. Trout may not be possessed while

fishing these waters from March 1 until 7:00

a.m. on the first Saturday in April.

(c) Seasons, creel, and size limits. Seasons, creel, and size limits

for trout in all waters are listed in Rule .0316 of this Subchapter.

(d) Classifications. This Paragraph designates waters in each

county that have a specific classification. Waters on game lands

are so designated in 15A NCAC 10D .0104, unless otherwise

indicated in this Paragraph. All other waters are classified as

Undesignated Waters.

(1) Alleghany

(A) Delayed Harvest Trout Waters are as

follows:

Little River (S.R. 1133 bridge to 275

yards downstream of the intersection

of S.R. 1128 and S.R. 1129 [marked

by a sign on each bank])

(B) Hatchery Supported Trout Waters are

as follows:

Big Pine Creek (S.R. 1464 bridge to

confluence with Brush Creek)

Bledsoe Creek

Brush Creek (N.C. 21 bridge to

confluence with Little River, except

where posted against trespassing)

Cranberry Creek

(Big) Glade Creek

Little River (275 yards downstream

from the intersection of S.R. 1128 and

S.R. 1129 [marked by a sign on each

bank] to McCann Dam)

Meadow Fork

Pine Swamp Creek

Piney Fork

Prathers Creek

(C) Wild Trout Waters are as follows:

All waters located on Stone Mountain

State Park

(2) Ashe County

(A) Catch and Release/Artificial Flies and

Lures Only Trout Waters are as

follows:

Big Horse Creek (Virginia state line to

Mud Creek at S.R. 1363, excluding

tributaries)

(B) Delayed Harvest Trout Waters are as

follows:

Big Horse Creek (S.R. 1324 bridge to

North Fork New River)

Helton Creek (SR 1372 bridge to

North Fork New River)

South Fork New River (upstream end

of Todd Island to the SR 1351 bridge)

Trout Lake

(C) Hatchery Supported Trout Waters are

as follows:

Beaver Creek (N.C. 221 to confluence

of Beaver Creek and South Beaver

Creek)

Big Horse Creek (Mud Creek at S.R.

1363 to S.R. 1324 bridge)

PROPOSED RULES


1118

Big Laurel Creek (S.R. 1315 bridge to

confluence with North Fork New

River)

Buffalo Creek (S.R. 1133 bridge to

N.C. 194-88 bridge)

Cranberry Creek (Alleghany Co. line

to South Fork New River)

Nathans Creek

North Fork New River (Watauga Co.

line to Sharp Dam)

Old Fields Creek (N.C. 221 to South

Fork New River)

Peak Creek (headwaters to Trout

Lake, except Blue Ridge Parkway

waters)

Roan Creek

Three Top Creek

(3) Avery County



follows:

Elk River (portion on Lees-McRae

College property, excluding the

millpond)

Lost Cove Creek (game land portion,

excluding Gragg Prong and

Rockhouse Creek)

Wilson Creek (game land portion)

(B) Catch and Release/Artificial Lures

Only Trout Waters are as follows:

Wilson Creek (game land portion)

(C)(B) Hatchery Supported Trout Waters are

as follows:

Boyde Coffey Lake

Elk River (S.R. 1305 crossing

immediately upstream of Big Falls to

the Tennessee state line)

Linville River (Land Harbor line

[below dam] to the Blue Ridge

Parkway boundary line, except where

posted against trespassing)

Milltimber Creek

North Toe River — upper (Watauga

St. to Roby Shoemaker Wetlands and

Family Recreational Park, except


North Toe River — lower (S.R. 1164

to Mitchell Co. line, except where


Squirrel Creek

Wildcat Lake

(D)(C) Wild Trout Waters are as follows:

Birchfield Creek

Cow Camp Creek

Cranberry Creek (headwaters to U.S.

19E/N.C. 194 bridge)

Gragg Prong

Horse Creek

Kentucky Creek

North Harper Creek

Plumtree Creek

Roaring Creek

Rockhouse Creek

Shawneehaw Creek (portion adjacent

to Banner Elk Greenway)

South Harper Creek

Webb Prong

(4) Buncombe County



follows:

Carter Creek (game land portion)


as follows:

Bent Creek (headwaters to N.C.

Arboretum boundary line)

Cane Creek (headwaters to S.R. 3138

bridge)

Corner Rock Creek (Little Andy

Creek to confluence with Walker

Branch)

Dillingham Creek (Corner Rock

Creek to Ivy Creek)

Ivy Creek (Ivy River)(Dillingham

Creek to U.S. 19-23 bridge)

Lake Powhatan

Reems Creek (Sugar Camp Fork to

U.S. 19-23 bridge, except where


Rich Branch (downstream from the

confluence with Rocky Branch)

Stony Creek

Swannanoa (S.R. 2702 bridge near

Ridgecrest to Wood Avenue bridge

[intersection of N.C. 81 and U.S. 74A

in Asheville], except where posted

against trespassing)

(5) Burke County



follows:

Henry Fork (portion on South

Mountains State Park)

(B) Delayed Harvest Trout Waters are as

follows:

Jacob Fork (Shinny Creek to lower

South Mountains State Park

boundary)

(C) Hatchery Supported Trout Waters are

as follows:

Carroll Creek (game land portion

above S.R. 1405)

Henry Fork (lower South Mountain

State Park line downstream to S.R.

1919 at Ivy Creek)

Linville River portion within Linville

Gorge Wilderness area and portion

below Lake James powerhouse from

PROPOSED RULES


1119

upstream bridge on S.R. 1223 to

Muddy Creek)

(D) Special Regulation Trout Waters are

as follows:

Catawba River (Muddy Creek to City

of Morganton water intake dam)

(E) Wild Trout Waters are as follows:

All waters located on South

Mountains State Park, except those

waters identified in Parts A and B of

this Subparagraph

(6) Caldwell County


follows:

Wilson Creek (game land portion

below Lost Cove Creek to Philips

Branch)


as follows:

Boone Fork Pond

Buffalo Creek (mouth of Joes Creek to

McCloud Branch)

Joes Creek (first falls upstream of S.R.

1574 to confluence with Buffalo

Creek)

Wilson Creek (Phillips Branch to

Brown Mountain Beach Dam, except


Yadkin River (Happy Valley Ruritan

Community Park to S.R. 1515)

(C) Wild Trout Waters are as follows:

Buffalo Creek (Watauga Co. line to

Long Ridge Branch including game

land tributaries)

Joes Creek (Watauga Co. line to first

falls upstream of the end of S.R. 1574)

Rockhouse Creek

(7) Cherokee County

(A) Hatchery Supported Trout Waters are

as follows:

Davis Creek (confluence of Bald and

Dockery creeks to Hanging Dog

Creek)

Hyatt Creek (Big Dam Branch to

Valley River)

Junaluska Creek (Ashturn Creek to

Valley River)

Shuler Creek (Joe Brown Hwy [S.R.

1325] bridge to Tennessee state line)

Valley River (S.R. 1359 to U.S. 19

Business bridge in Murphy)

(B) Special Regulation Trout Waters are

as follows:

Apalachia Reservoir

(C) Wild Trout Waters/Natural Bait are as

follows:

Bald Creek (game land portion)

Dockery Creek (game land portion)

North Shoal Creek (game land

portion)

(8) Clay County


follows:

Fires Creek (Rockhouse Creek to the

foot bridge in the USFS Fires Creek

Picnic Area)


as follows:

Buck Creek (game land portion

downstream of U.S. 64 bridge)

Fires Creek (foot bridge in the USFS

Fires Creek Picnic Area to S.R. 1300)

Tusquitee Creek (Compass Creek to

lower S.R. 1300 bridge)

(9) Graham County


follows:

(Big) Snowbird Creek (USFS footbridge at the

old railroad junction to USFS Rd.

2579)


as follows:

Ca

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NORTH CAROLINA REGISTER...Dec 01, 2020 · NORTH CAROLINA REGISTER VOLUME 35 ISSUE 11 Pages 1082 – 1333 December 1, 2020 I. EXECUTIVE ORDERS Executive Orders No. 171-175..... 1082