Current through Register Vol. 39, No. 6, September 16, 2024
(a) Wetlands shall
be assigned to one of the following classifications:
(1) Class WL: waters that meet the definition
of wetlands as defined in Rule .0202 of this Section except those designated as
SWL; or
(2) Class SWL: waters that
meet the definition of coastal wetlands as defined by
15A NCAC
07H .0205, which are landward of the mean
high water line, and wetlands contiguous to estuarine waters as defined by
15A NCAC
07H .0206.
In addition, the EMC may classify wetlands as unique
wetlands (Class UWL) that are of exceptional State or national ecological
significance which require special protection to maintain existing uses. Class
UWL wetlands may include wetlands that have been documented as habitat
essential for the conservation of State or federally listed threatened or
endangered species.
(b) The water quality standards for all
wetlands are designed to protect, preserve, restore, and enhance the quality
and uses of wetlands and other waters of the State influenced by wetlands. The
following are wetland uses:
(1) Storm and
flood water storage and retention;
(2) Moderation of water level
fluctuations;
(3) Hydrologic
functions, including groundwater discharge that contributes to maintain dry
weather streamflow and, at other locations or times, groundwater recharge that
replenishes the groundwater system;
(4) Filtration or storage of sediments,
nutrients, toxic substances, or other pollutants that would otherwise have an
adverse impact, as defined in
15A NCAC
02H .1002, on the quality of other waters of
the State;
(5) Shoreline protection
against erosion through the dissipation of wave energy and water velocity and
stabilization of sediments;
(6)
Habitat for the propagation of resident wetland-dependent aquatic organisms,
including fish, crustaceans, mollusks, insects, annelids, planktonic organisms,
and the plants and animals upon which these aquatic organisms feed and depend
upon for their needs in all life stages; and
(7) Habitat for the propagation of resident
wetland-dependent wildlife species, including mammals, birds, reptiles, and
amphibians for breeding, nesting, cover, travel corridors, and food.
(c) The following standards shall
be used to assure the maintenance or enhancement of the existing uses of
wetlands identified in Paragraph (b) of this Rule:
(1) Liquids, fill or other solids, or
dissolved gases shall not be present in amounts that may cause adverse impacts
on existing wetland uses;
(2)
Floating or submerged debris, oil, deleterious substances, or other material
shall not be present in amounts that may cause adverse impacts on existing
wetland uses;
(3) Materials
producing color or odor shall not be present in amounts that may cause adverse
impacts on existing wetland uses;
(4) Materials that adversely affect the
palatability of fish or aesthetic quality of the wetland shall not be present
in amounts that may cause adverse impacts on existing wetland uses;
(5) Concentrations or combinations of
substances that are toxic or harmful to human, animal, or plant life shall not
be present in amounts which individually or cumulatively may cause adverse
impacts on existing wetland uses;
(6) Hydrological conditions necessary to
support the biological and physical characteristics naturally present in
wetlands shall be protected to prevent detrimental impacts on:
(A) Water currents, erosion or sedimentation
patterns;
(B) Natural water
temperature variations;
(C) The
chemical, nutrient, and dissolved oxygen regime of the wetland;
(D) The movement of aquatic fauna;
(E) The pH of the wetland; and
(F) Water levels or elevations.
(7) The populations of wetland
flora and fauna shall be maintained to protect biological integrity as defined
in Rule .0202 of this Section.
Authority
G.S.
143-214.1;
143-215.3(a)(1);
RRC Objection Eff. July 18, 1996 due to lack of statutory authority and
ambiguity;
Eff. October 1, 1996;
Readopted Eff.
November 1, 2019.
