North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter B - SURFACE WATER AND WETLAND STANDARDS › Section .0200 - CLASSIFICATIONS AND WATER QUALITY STANDARDS APPLICABLE TO SURFACE WATERS AND WETLANDS OF NORTH CAROLINA › Section 02B .0230 - ACTIVITIES DEEMED TO COMPLY WITH WETLANDS STANDARDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The following activities for which
				  Section 404 permits are not required pursuant to Section 404(f)(1) of the Clean
				  Water Act and which are not recaptured into the permitting process pursuant to
				  Section 404(f)(2) are deemed to be in compliance with wetland standards in
				  15A NCAC
				  02B .0231 provided that they comply with the
				  most current versions of the federal regulations to implement Section 404
				  (f)(US Environmental Protection Agency and US Army Corps of Engineers including
				  40 C.F.R.
				  232.3) and the Sedimentation Pollution
				  Control Act, G.S. 113A, Article 4:
(1) normal,
				  on-going silviculture, farming, and ranching activities, such as plowing,
				  seeding, cultivating, minor drainage, and harvesting for the production of
				  food, fiber, and forest products, or upland soil and water conservation
				  practices, provided that relevant silvicultural activities comply with U.S.
				  Environmental Protection Agency and U.S. Army Corps of Engineers Memorandum to
				  the Field entitled "Application of Best Management Practices to Mechanical
				  Silvicultural Site Preparation Activities for the Establishment of Pine
				  Plantations in the Southeast", November 28, 1995 which is available at no cost
				  at
https://www.epa.gov/cwa-404/memorandum-application-best-management-practices-mechanical-silvicultural-site-preparation
and is hereby incorporated by reference including any subsequent amendments and
				  editions;
(2) maintenance,
				  including emergency reconstruction of recently damaged parts, of currently
				  serviceable structures such as dikes, dams, levees, groins, riprap,
				  breakwaters, causeways, and bridge abutments or approaches, and transportation
				  structures
,
and other maintenance, repairs or modification to
				  existing structures as required by the NC Dam Safety Program. Information about
				  the NC Dam Safety Program can be found at
https://deq.nc.gov/about/divisions/energy-mineral-land-resources/energy-mineral-land-permits/dam-safety
;
(3) construction and maintenance of farm or
				  stock ponds or irrigation ditches. In addition, new pond construction in
				  designated river basins with riparian buffer protection programs as set forth
				  in this Subchapter shall comply with the applicable requirements of the
				  riparian buffer protection rules as set forth in this Subchapter.
(4) maintenance of drainage ditches, provided
				  that spoil is removed to high ground, placed on top of previous spoil, or
				  placed parallel to one side or the other of the ditch within a distance of 20
				  feet and spoils are placed in a manner that minimizes damages to existing
				  wetlands; and ditch maintenance is no greater than the original depth, length
				  and width of the ditch;
(5)
				  construction of temporary sediment control measures or best management
				  practices as required by the NC Erosion and Sediment Control Program on a
				  construction site, provided that the temporary sediment control measures or
				  best management practicesare restored to natural grade and stabilized within
				  two months of completion of the project and native woody vegetation is
				  reestablished during the next appropriate planting season and maintained.
				  Information about the NC Erosion and Sediment Control Program can be found at
https://deq.nc.gov/about/divisions/energy-mineral-land-resources/energy-mineral-land-permits/dam-safety
;
				  and
(6) construction or maintenance
				  of farm roads, forest roads, and temporary roads for moving mining equipment
				  where such roads are constructed and maintained in accordance with best
				  management practices, as defined in
				  40 C.F.R.
				  232.3(c)(6) (i-xv), to
				  assure that flow and circulation patterns and chemical and biological
				  characteristics of the navigable waters are not impaired, that the reach of
				  navigable waters is not reduced, and that any adverse effects on the aquatic
				  environment will be otherwise minimized.