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 .1401 - SCOPE AND PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The provisions
				  of this Section shall apply to Division of Water Resources (Division)
				  regulatory and resource management determinations regarding federally
				  non-jurisdictional wetlands and federally non-jurisdictional classified surface
				  waters. For the purpose of this Section, "discharge" shall be the deposition of
				  dredged or fill material (e.g. fill, earth, construction debris, soil).
				  Isolated wetlands and isolated waters as defined in Rule .1301 of this
				  Subchapter shall be regulated pursuant to Section .1300 of this
				  Subchapter.
(b) This Section
				  outlines the application and review procedures for permitting of discharges
				  into federally non-jurisdictional wetlands and federally non-jurisdictional
				  classified surface waters that have been listed in
				  15A NCAC
				  02B .0300. If the U.S. Army Corps of
				  Engineers or its designeedetermines that a particular water or wetland is not
				  regulated under Section 404 of the Clean Water Act, and the particular water or
				  wetland is not an isolated wetland or isolated water as defined in Rule .1301
				  of this Subchapter, then discharges to that water or wetland shall be covered
				  by this Section. The Division shall verify the determination, extent, and
				  location of federally non-jurisdictional wetlands and federally
				  non-jurisdictional classified surface waters using the U.S. Army Corps of
				  Engineers Wetland Delineation Manual (Technical Report Y-87-1) (available free
				  of change on the internet at:
https://usace.contentdm.oclc.org/digital/collection/p266001coll1/id/4532/
)
				  and subsequent regional supplements (available free of charge on the internet
				  at:
https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/reg_supp/
)
				  and the Division publication, Methodology for Identification of Intermittent
				  and Perennial Streams and Their Origins (v.4.11, 2010). Any disputes by the
				  applicant or landowner over on-site wetland or stream determinations shall be
				  referred to the Director in writing within 60 calendar days of written
				  notification from the Division. The Director's determination shall be subject
				  to review as provided in Article 3 of G.S. 150B.
(c) Activities that result in a discharge may
				  be deemed permitted as described in Rule .1405(a) of this Section or authorized
				  by the issuance of either an individual permit or a Certificate of Coverage to
				  operate under a general permit:
(1) Individual
				  permits shall be issued on a case-by-case basis using the procedures outlined
				  in this Section. These individual permits do not require approval by the U.S.
				  Environmental Protection Agency.
(2) General permits may be developed by the
				  Division and issued by the Director for types or groups of discharges resulting
				  from activities that are similar in nature and considered to have minimal
				  impact. General permits do not require approval by the U.S. Environmental
				  Protection Agency. All activities that receive a Certificate of Coverage under
				  a general permit from the Division shall be covered under that general permit.
				  When written approval is required in the general permit, the application and
				  review procedures for requesting a Certificate of Coverage under a general
				  permit from the Division for the proposed activity are the same as the
				  procedures outlined in this Section for individual permits.