North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .1300 - DISCHARGES TO ISOLATED WETLANDS AND ISOLATED WATERS › Section 02H .1305 - REVIEW OF APPLICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) DISCHARGES FROM
				  ACTIVITIES DEEMED TO BE PERMITTED. The following activities shall be deemed to
				  be permitted:
(1) Discharges resulting from
				  activities that impact less than 1/2 acre of isolated classified surface waters
				  for the entire project are deemed to be permitted provided they fully comply
				  with the conditions listed in Subparagraph (b)(4) of this Rule, and it shall
				  not be necessary for the Division to issue permits for these
				  activities.
(2) Discharges
				  resulting from activities that impact less than 150 linear feet of isolated
				  classified streams for the entire project are deemed to be permitted provided
				  they fully comply with the conditions listed in Subparagraph (b)(4) of this
				  Rule, 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
				  isolated wetlands for the entire project in the coastal region, less than or
				  equal to one-half acre of isolated wetlands for the entire project in the
				  piedmont region, and less than or equal to one-third acre of isolated wetlands
				  for the entire project in the mountain region are deemed to be permitted
				  provided they fully comply with the conditions listed in Subparagraph (b)(4) of
				  this Rule, 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 have a soil scientist conduct a site-specific
				  evaluation to determine the soil series. The soil scientist shall be an
				  individual who is currently licensed or authorized to practice soil science
				  under G.S. 89F by the North Carolina Board for Licensing of Soil Scientists.
				  The landowner shall submit the soil report to 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 Section.
(4) Conditions which must 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 or its local delegated program
				  for the Sedimentation Pollution Control Act and shall be in full compliance
				  with all specifications governing the proper design, installation, operation
				  and maintenance of such Best Management 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 isolated wetlands or isolated classified
				  surface waters must be removed and the original grade restored within two
				  months after the Division of Energy, Mineral, and Land Resources or local
				  delegated program has released the specific area within the project;
(C) Uncured or curing concrete shall not come
				  into direct contact with waters of the state; and
(D) All work in or adjacent to isolated
				  stream waters shall be conducted so that the flowing stream does not come in
				  contact with the disturbed area. Approved best management practices from the NC
				  Sediment and Erosion Control Manual, or the NC DOT Construction and Maintenance
				  Activities Manual shall be used to minimize excavation in flowing
				  water.
(E) Measures shall be taken
				  to ensure that the hydrology of any remaining isolated wetland or isolated
				  classified surface waters is not affected by the discharge.