Current through Register Vol. 39, No. 6, September 16, 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.
(b) Where the Director determines, in
consultation with the US Army Corps of Engineers or the US Environmental
Protection Agency, and considering existing or projected environmental impact,
that an activity is not exempt from permitting under Section 404(f), or where
the appropriate Best Management Practices are not implemented and maintained in
accordance with Paragraph (a) of this Rule, the Director may require
restoration of the wetlands as well as imposition of enforcement measures as
authorized by
G.S.
143-215.6A (civil penalties),
G.S.
143-215.6B (criminal penalties) and
G.S.
143-215.6C (injunctive relief).
Authority
G.S.
143-214.1;
143-214.7;
143-215;
143-215.3;
143-215.6A;
143-215.6B;
143-215.6C;
Temporary
Adoption Eff. November 24, 1999;
Eff. April 1, 2001;
Readopted Eff. November 1, 2019.
