As 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.
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