( NOTICE: This is an excerpt from the the rules and regulations intended to carry out the purposes of the Dam Safety Law of 1967. If you wish to view the full text under SubChapter K, please go to an unofficial site for N.C. Administrative Code, or view it at the Division of Land Resources, Dam Safety Program site. )

SECTION .0500 - MINIMUM STREAM FLOWS TO MAINTAIN AQUATIC HABITAT 

.0504 MONITORING OF MINIMUM FLOW REQUIREMENTS 
(a)   An owner of a dam with a minimum flow requirement greater than 1.0
cfs shall install, calibrate, and maintain one or more stream staff gages
following procedures described in U.S. Geological Survey Water Supply
Paper 2175, "Measurement and Computation of Streamflow."  Plans for
such gages shall be submitted to the Department for approval prior to
installation. Staff gages shall be calibrated to indicate the water surface
elevations which correspond to the required flows.  Calibration shall be
verified at least every two years.  All initial calibration and re-calibration
measurements, including field data, shall be provided to the Department
within 30 days of completion. 
(b)   If the minimum release from a dam is less than or equal to 1.0 cfs,
then an accurately calibrated release mechanism such as a gate or pipe
opening shall be acceptable in lieu of a staff gage.  Plans for making the
required release shall be submitted to the Department for review and
approval prior to construction, repair, or modification of the dam. 
(c)   An owner of a dam who does not comply with a minimum flow
requirement may be required to install automated gaging which
continuously monitors flow.  Records from this type of gage shall be
provided to the Department upon request, for the time period being
investigated. 
(d)   Minimum release requirements may be modified or suspended for a
term determined by the Department for reasons including pre-scheduled
maintenance or construction involving the dam.  The Department must
approve a written request for such a change in the minimum flow
requirement prior to any change in the minimum release. 
(e)   Reduction or cessation of the minimum flow as a result of emergency
conditions or equipment failure shall not constitute a violation of the
minimum flow requirement, so long as the event is reported to the
Department within 48 hours.  The Department may set forth a schedule for
correcting the problem and restoring the required minimum flow.  If the
schedule is not met, and the problem continues to cause violation of the
minimum flow requirement, then this violation may be subject to
enforcement action. 

History Note: Statutory Authority G.S. 143-215.24; 143-215.25; 143-215.31; 
143-215.32; 143-215.33; 143-215.36; 
Eff. December 1, 1994. 

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