North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .1400 - DISCHARGES TO FEDERALLY NON-JURISDICTIONAL WETLANDS AND FEDERALLY NON-JURISDICTIONAL CLASSIFIED SURFACE WATERS › Section 02H .1405 - REVIEW OF APPLICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The following
				  activities shall be deemed to be permitted:
(1) Discharges resulting from activities that
				  impact less than 1/2 acre of federally non-jurisdictional classified open
				  waters (e.g., lakes, ponds) for the entire project are deemed to be permitted
				  provided they comply with the conditions listed in Subparagraph (4) of this
				  Paragraph, and it shall not be necessary for the Division to issue permits for
				  these activities.
(2) Discharges
				  resulting from activities that impact less than a total of 150 linear feet of
				  federally non-jurisdictional classified intermittent and perennial streams for
				  the entire project are deemed to be permitted provided they comply with the
				  conditions listed in Subparagraph (4) of this Paragraph, and it shall not be
				  necessary for the Division to issue permits for these activities.
(3) Discharges resulting from activities that
				  impact less than or equal to one acre of federally non-jurisdictional wetlands
				  for the entire project in the coastal region, less than or equal to one-half
				  acre of federally non-jurisdictional wetlands for the entire project in the
				  piedmont region, and less than or equal to one-third acre of federally
				  non-jurisdictional wetlands for the entire project in the mountain region are
				  deemed to be permitted provided they comply with the conditions listed in
				  Subparagraph (4) of this Paragraph, and it shall not be necessary for the
				  Division to issue permits for these activities. For purposes of implementing
				  this Subparagraph, the coastal, piedmont and mountain regions shall be as
				  follows:
(A) "Coastal Region" includes
				  Beaufort, Bertie, Bladen, Brunswick, Camden, Carteret, Chowan, Columbus,
				  Craven, Cumberland, Currituck, Dare, Duplin, Edgecombe, Gates, Greene, Halifax,
				  Harnett, Hertford, Hoke, Hyde, Johnston, Jones, Lee, Lenoir, Martin, Moore,
				  Nash, New Hanover, Northampton, Onslow, Pamlico, Pasquotank, Pender,
				  Perquimans, Pitt, Richmond, Robeson, Sampson, Scotland, Tyrrell, Washington,
				  Wayne, and Wilson Counties;
(B)
				  "Piedmont Region" includes Alamance, Alexander, Anson, Burke, Cabarrus,
				  Caldwell, Caswell, Catawba, Chatham, Cleveland, Davidson, Davie, Durham,
				  Forsyth, Franklin, Gaston, Granville, Guilford, Iredell, Lincoln, Mecklenburg,
				  Montgomery, Orange, Person, Polk, Randolph, Rockingham, Rowan, Rutherford,
				  Stanly, Stokes, Surry, Union, Vance, Wake, Warren, Wilkes, and Yadkin
				  Counties;
(C) "Mountain Region"
				  includes Alleghany, Ashe, Avery, Buncombe, Cherokee, Clay, Graham, Haywood,
				  Henderson, Jackson, Macon, Madison, McDowell, Mitchell, Swain, Transylvania,
				  Watauga and Yancey Counties.
(D)
				  When a landowner believes their property is not in the correct region for
				  purposes of this Rule, they may conduct a site-specific evaluation to determine
				  the soil series. If required by G.S. 89F, a soil scientist shall prepare this
				  evaluation. The landowner shall submit the soil report to the supervisor of the
				  401 & Buffer Permitting Branch of the Division of Water Resources for
				  review. Soil series that occur in North Carolina have been categorized by the
				  Natural Resources Conservation Service of the US Department of Agriculture as
				  defined in Rule .1306 of this Subchapter.
(4) Conditions which shall be met for
				  projects deemed to be permitted:
(A) Erosion
				  and sediment control practices shall equal at a minimum those required by the
				  N.C. Division of Energy, Mineral, and Land Resources (DEMLR) or its local
				  delegated program for the Sedimentation Pollution Control Act and shall be in
				  compliance with all DEMLR or appropriate local delegated program specifications
				  governing the design, installation, operation, and maintenance of such
				  practices in order to help assure compliance with the appropriate turbidity and
				  other water quality standards;
(B)
				  All erosion and sediment control practices placed in federally
				  non-jurisdictional wetlands or federally non-jurisdictional classified surface
				  waters shall be removed and the original grade restored within two months after
				  the DEMLR or appropriate local delegated program has released the specific
				  drainage area within the project;
(C) Uncured or curing concrete shall not come
				  into direct contact with waters of the State;
(D) All work in or adjacent to federally
				  non-jurisdictional intermittent or perennial streams shall be conducted so that
				  the flowing stream does not come in contact with the disturbed area;
				  and
(E) Measures shall be taken to
				  ensure that the hydrologic functions of any remaining federally
				  non-jurisdictional wetland and federally non-jurisdictional classified surface
				  waters are not adversely affected by the discharge.