15A N.C. Admin. Code 2H.1401

Current through Register Vol. 39, No. 9, November 1, 2024

Section 02H .1401 - SCOPE AND PURPOSE

(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.

(d) Discharges resulting from activities that are deemed permitted as described in Rule .1405(a) of this Section, or that receive an individual permit or Certificate of Coverage under a general permit pursuant to this Section shall not be considered to remove existing uses of the wetland or classified surface waters.

(e) The following are exempt from this Section:

(1) Activities described in 15A NCAC 02B .0230;

(2) Discharges to the following features if they were constructed for erosion control or stormwater management purposes: federally non-jurisdictional man-made ponds, federally non-jurisdictional man-made wetlands, or federally non-jurisdictional man-made ditches;

(3) Discharges to any federally non-jurisdictional man-made pond;

(4) Discharges of treated effluent into federally non-jurisdictional wetlands or federally non-jurisdictional classified surface waters resulting from activities that receive NPDES Permits or State Non-Discharge Permits; and

(5) Discharges for water dependent structures as defined in 15A NCAC 02B .0202.

(f) The terms used in this Section shall be as defined in G.S. 143-212, G.S. 143-213, and Rule .1301 of this Subchapter.

15A N.C. Admin. Code 02H .1401

Authority G.S. 143-215.1(a)(6); 143-215.1(b)(3); 143-215.3(a)(1); 143-215.3(c);
Temporary Adoption Eff. May 28, 2021.

Authority G.S. 143-215.1(a)(6); 143-215.1(b)(3); 143-215.3(a)(1); 143-215.3(c);
Temporary Adoption Eff. 5/28/2021.