Current through Register Vol. 39, No. 6, September 16, 2024
(a) PURPOSE. The following requirements shall
apply to all forest harvesting operations and forestry-related land-disturbing
activities subject to riparian buffer requirements in the following River
Basins and Watersheds:
(1) Catawba River Basin
as specified in
15A NCAC
02B .0614;
(2) Neuse River Basin as specified in
15A NCAC
02B .0714;
(3) Randleman Lake Watershed as specified in
15A NCAC
02B .0724; and
(4) Tar-Pamlico River Basin as specified in
15A NCAC
02B .0734.
(b) REQUIREMENTS THROUGHOUT THE BUFFER. The
following requirements shall apply:
(1) All
forest harvest activities within the buffer shall comply with Forest Practices
Guidelines Related to Water Quality as defined in
02 NCAC
60C;
(2) Logging decks and sawmill sites shall not
be placed in the riparian buffer;
(3) Timber felling shall be directed away
from the stream or waterbody;
(4)
Skidding shall be directed away from the stream or water body and shall be done
in a manner that minimizes soil disturbance and prevents the creation of
channels or ruts;
(5) Individual
trees may be treated to maintain or improve their health, form, or
vigor;
(6) Harvesting of dead or
infected trees or application of pesticides as necessary to prevent or control
the spread of tree pest and disease infestation shall be allowed. These
practices must be approved by the North Carolina Forest Service for a specific
site in accordance with
G.S.
106-920 through
G.S.
106-926. The North Carolina Forest Service
must notify the Division of all approvals within 60 calendar days;
(7) Removal of individual trees that are in
danger of causing damage to structures or human life shall be
allowed;
(8) Natural regeneration
of forest vegetation and planting of trees, shrubs, or ground cover plants to
enhance the riparian buffer shall be allowed provided that soil disturbance is
minimized;
(9) Prescribed burns
shall be allowed when conducted for forest management purposes; and
(10) A one-time fertilizer application at
agronomic rates in the riparian buffer is allowed to establish replanted
vegetation. No runoff from this one-time application in the riparian buffer is
allowed in the surface water.
(c) REQUIREMENTS IN ZONE 1 OF THE BUFFER.
Selective forest harvesting is allowed in Zone 1, as defined by the applicable
Rule of this Section, provided that:
(1) The
forest lands have a deferment for use value under forestry in accordance with
G.S.
105-277.2 through 277.6 or the forest lands
have a forest management plan prepared or approved by a registered professional
forester. Copies of either the approval of the deferment for use value under
forestry or the forest management plan shall be produced upon request by the
North Carolina Forest Service or the Division;
(2) Tracked or wheeled vehicles are only used
for the purpose of selective timber harvesting where there is no other
practical alternative for removal of individual trees;
(2) No tracked or wheeled vehicles shall be
used to conduct site preparation activities;
(3) Trees are removed in a manner that
minimizes disturbance to the soil and remaining vegetation;
(4) The first 10 feet of Zone 1 directly
adjacent to the stream or waterbody shall be undisturbed, except for the
removal of individual high value trees. The removal of individual high value
trees shall only be allowed provided that no trees with exposed primary roots
visible in the streambank are cut, unless they meet Subparagraphs (b)(6) or
(b)(7) of this Rule; and
(5) A
maximum of 50 percent of the trees greater than five inches DBH may be cut and
removed. The reentry time for harvest shall be no more frequent than every 15
years, except on forest plantations as defined in
15A NCAC
02B .0610 where the reentry time shall be no
more frequent than every five years. In either case, the trees remaining after
harvest shall be as evenly spaced as possible.
(d) REQUIREMENTS IN ZONE 2 OF THE BUFFER. In
Zone 2, harvesting and regeneration of the forest stand shall be allowed,
provided that ground cover is established and maintained to provide for
diffusion and infiltration of surface runoff.
(e) EXCEPTIONS. Persons who wish to undertake
forest harvesting operations or practices different from the requirements set
forth in this Rule may request an Authorization Certificate with Exception
pursuant to Rule .0611 of this Subchapter.
Authority
G.S.
143-214.1;
143-214.7;
143-214.23;
143-214.23A;
143-215.3(a)(1);
143-215.8A; S.L. 1995-572; S.L.
1999-329; S.L. 2011-394; S.L. 2012-200; S.L. 2013-413, S.L.
2015-246;
Eff. June 15, 2020 (The provisions of this Rule were
previously codified in
15A NCAC
02B .0233(11),
15A NCAC
02B .0243(11),
15A NCAC
02B .0250(16) and
15A NCAC
02B
.0259(11)).
