NCC204853_ESC Approval Submitted_20201028

ROY COOPER -
Governor
MICHAEL S. REGAN
Secretary
BRIAN WRENN
Director
NORTH CAROLINA
Environmental Quality
July 28, 2020
LETTER OF APPROVAL WITH PERFORMANCE RESERVATIONS
Charlotte Water
Attention: Joseph C. Wilson
5100 Brookshire Boulevard
Charlotte, North Carolina 28216
RE: Project Name: Goose Creek Sewer Line Extension
Acres Approved: 9.0
Project ID: MECKL-2020-105
County: Mecklenburg
City: Charlotte
Address: Quail Park Drive
River Basin: Yakin
Stream Classification: Other
Submitted By: Charlotte Water
Date Received by LQS: June 30, 2020
Plan Type: New
Dear Mr. Wilson:
This office has reviewed the subject erosion and sedimentation control plan. We find the plan to be
acceptable and hereby issue this Letter of Approval. The enclosed Certificate of Approval must be posted
at the job site. This plan approval shall expire three (3) years following the date of approval, if no land -
disturbing activity has been undertaken, as is required by Title 15A NCAC 4B .0129.
As of March 1, 2019, all new construction activities are required to complete and submit an electronic
Notice of Intent (NOI) form requesting a Certificate of Coverage (COC) under the NCG010000
Construction Stormwater General Permit. This form MUST be submitted prior to the commencement of
any land disturbing activity on the above named project. The NOI form may be accessed at
deq.nc.gov/NCGO1. Please direct questions about the NOI form to Annette Lucas at
[e-mail] or Paul Clark at [e-mail]. After you submit a complete and
correct NOI Form, a COC will be emailed to you within three business days. Initially, DEMLR will not
charge a fee for coverage under the NCGO1 permit. However, on or after May 1, 2019, a $100 fee will be
charged annually. This fee is to be sent to the DEMLR Stormwater Central Office in Raleigh.
NPUD- t N EmNmmB w
North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 26115
704.663.1699

Letter of Approval with Performance Reservations
Charlotte Water
July 28, 2020
Title 15A NCAC 4B .0118(a) and the NCGO1 permit require that the following documentation be kept on
file at the job site:
1. The approved E&SC plan as well as any approved deviation.
2. The NCGO1 permit and the COC, once it is received.
3. Records of inspections made during the previous 30 days.
Also, this letter gives the notice required by G.S. 113A-61.1(a) of our right of periodic inspection to insure
compliance with the approved plan.
North Carolina's Sedimentation Pollution Control Act is performance -oriented, requiring protection of
existing natural resources and adjoining properties. If, following the commencement of this project, the
erosion and sedimentation control plan is inadequate to meet the requirements of the Sedimentation
Pollution Control Act of 1973 (North Carolina General Statute 113A-51 through 66), this office may require
revisions to the plan and implementation of the revisions to insure compliance with the Act.
Acceptance and approval of this plan is conditioned upon your compliance with Federal and State water
quality laws, regulations, and rules. In addition, local city or county ordinances or rules may also apply to
this land -disturbing activity. This approval does not supersede any other permit or approval.
Please note that this approval is based in part on the accuracy of the information provided in the Financial
Responsibility Form, which you provided. You are requested to file an amended form if there is any change
in the information included on the form. In addition, it would be helpful if you notify this office of the
proposed starting date for this project. Please notify us if you plan to have a preconstruction conference.
Your cooperation is appreciated.
Sincerely,
es Moore
Assistant Regional Engineer
Land Quality Section
Enclosures: Certificate of Approval
NCGO 1 Fact Sheet / Goose Creek Buffer Rules
em: [e-mail]
cc:Inspection Department

Letter of Approval with Performance Reservations
Charlotte Water
July 28, 2020
PERFORMANCE RESERVATIONS
Project Name: Goose Creek Sewer Line Extension
Project ID: MECKL-2020-105
County: Mecklenburg
15A NCAC 04B .015 - Additional erosion control measures may be required based on field conditions.
Charlotte Water is responsible for the control of sediment on -site. If the approved erosion and
sedimentation control measures prove insufficient, Charlotte Water must take additional steps necessary
to stop sediment from leaving this site.
15A NCAC 02B .0607 -Please be advised that this project falls within the Goose Creek Buffer (see
attached). Charlotte Water must comply with any and all provisions of this water quality management
plan.

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RULE PENDING LEGISLATIVE SESSION— AL4Y2020
15A NCAC 02B .0607 SITE SPECIFIC WATER QUALITY MANAGEMENT PLAN FOR THE GOOSE
CREEK WATERSHED (YADKIN PEE-DEE RIVER BASIN): BUFFER TYPES
AND MANAGING ACTIVITIES WITHIN RIPARIAN BUFFERS
(a) DEFINITIONS. fFef *ha .., rp6se o The terms used j� this Rule and Rules .0605, .0606 and .0608 of this Section.
L shall be ag defined as found} in Rule .0610 of this Section and as follows:
"Authority" means either the Division or a local government that has been delegated pursuant this
Rule to implement the riparian buffer program.
"Riparian buffer" means the area as defined in Paragraph (c) of this Rule.
(b) APPLICABILITY. This Rule applies to all landowners and other persons includinglocal ocal governments state and
federal entities conducting activities within the riparian buffers as described in Paragraph (c) of this Rule in the Goose
Creek Watershed.
(a)Lc) PUPAR4 N BUFFER. BUFFERS PROTECTED. The protected Fiparian buff -or shall consist fa area that :
undist+irbed emeept for uses provided for in the table in this Rule. A water -body shall be considered to be present if the
The location of the r ., buffer shall he as follows: The following minimum criteria shall be used for identifying
regulated buffers:
A surface water shall be subject if the feature is approximately shown on any of the following
references:
The most recent version of the published manuscript of the soil survey map that shows
stream layers prepared by the Natural Resources Conservation Service of the United States
Department of Agriculture;
egral3hic maps
e prp, ed by-tho] United States Geologic (USCS)� Survey's (USES) National
Map, available online at: https://www.usgs.gov/core-science-systemslnational-g_eospatial=
program/nationaknap; or
(CC) Other maps approved f ] by the
Environmental Management Commission as more accurate than those identified in Part
(c�t(o](411(A) and (c)f(0](41)(B) of this Rule. Other maps shall use _a hydropraphy dataset;,
Geographic Information Coordinating Council (GICC) and maintained on a GICC list of
the best available hydrography. Edits, deletions and additions to the hydrogt by dataset
shall follow GICC approved standards and specifications, per stewardship governance.
Other maps shall have their hydrography dataset and Mocedures for edits, deletions and
additions reviewed and approved by the GICCS Other maps [] shall be submitted to
the Division for review and recommendation to the Environmental Management
Commission. Prior to recommendation to the Environmental Management Commission,
the Division shall issue a 30-calendar day public notice through the Division's Mailing List
in accordance with 15A NCAC 02H .0503. Division staff shall present recommendations
including comments received during the public notice period to the Environmental
Management Commission for a final decision. Maps approved under this Subpara rg Vh
shall not apply to projects that are existing and ongoing within the meaning of this Rule as
set out in Paragraph (e) of this Rule.
This Rule shall apply to activities conducted within riparian buffers as set forth in Rule .0605 of this
Section.
Wetlands adjacent to surface waters or within the . _ buffer width as set forth in Rule .0605 of
this Section shall be considered as part of the riparian buffer but are regulated pursuant to 15A
NCAC 02H .0506.
(44) Stormwater runoff from activities conducted outside the riparian buffer shall comply with Paragraph
(h) of this Rule.
(4C5) For streams, the riparian buffer shall begin at the most landward limit of the top of bank or the rooted
herbaceous vegetation and extend landward on all sides of the surfaee wateF, stream, measured
horizontally on a line perpendicular to the s„� stream (where a stream begins or ends,
including when it goes underground, enters or exits a culvert, or enters or exits a wetland, the
required distance shall be measured as a radius around the beginning or the end).
Office of Administrative Hearings/Rules Division

RULE PENDING LEGISLATIVE SESSION — MAY 2020
(-2) 6) For ponds, lakes and reservoirs located within a natural drainage way, the riparian buffer shall begin
at the most landward limit o the normal water level and extend
landward, measured horizontally on a line perpendicular- to the surface water.
(7) A riparian buffer may be exempt from this Rule as described in Paragraphs (e) (_) and (g) of this
Rule.
No new clearing, grading or development shall take place nor shall any new building permits be
issued in violation of this Rule.
(d) ON -SITE DETERMINATION. When a landowner or other affected party believes that the maps listed in
SubparagrWh (c)(1) of this Rule have inaccurately depicted surface waters or the specific origination point of a stream
or the specific origination point of a stream is in question or unclear, he or she shall request the Authority to make an
on -site determination. On -site determinations shall be made by Authority staff that are certified pursuant to G.S. 143-
214.25A. Registered Foresters under Chapter 89B of the General Statutes who are employees of the North Carolina
Forest Service of the Department of Agriculture and Consumer Services can make on -site determinations for forest
harvesting operations and practices. On -site determinations shall expire five years from the date of the determination.
Any disputes over on -site determinations shall be referred to the Director in writing within 60 calendar days of written
notification from the Authority. The Director's determination is subject to review as provided in Articles 3 and 4 of
G.S. 150B.
(e) EXEMPTION BASED ON ON -SITE DETERMINATION. Surface waters that appear on the maps listed in
Subparagraph (c) 1) of this Rule shall not be subject to this Rule if an on -site determination shows that they fall into
one of the following categories:
Ditches and manmade conveyances other than modified natural streams unless constructed for
navigation or boat access.
Manmade ponds and lakes that are not fed by an intermittent or perennial stream nor have a direct
discharge point to an intermittent or perennial stream.
Ephemeral F(stofmwater)] streams.
The absence on the around of a corresponding perennial waterbody, intermittent waterbod
or PemW"stuaf)-,] ond.
(b)(0 EXEMPTION WHEN EXISTING USES ARE PRESENT AND ONGOING. The buffer requirements
in this Rule 0e shall not apply to portions of the riparian buffer where a use is existing and ongoing.
(1) A use that shall be considered existing if:
It was present within the riparian buffer as of the off etive date of this Rule January 1, 2009
and has continued to exist since that tune: time;
It was a deemed allowable activity as listed in Paragraph (i) of this [Ru4e-.1 Rule 0
It was conducted and maintained pursuant to an Authorization Certificate or Variance
issued b the he f ]
(D) The project or proposed development are determined by the Authority to meet at least one
of the following criteria:
(i) Project requires a 401 Certification/404 Permit and these were issued prior to
January 1, 2009 and are still valid; _
ii Project requires a state permit, such as a landfill, NPDES wastewater discharge
land application residuals and road construction activities, and has begun
construction or is under contract to begin construction and has received all
required state permits prior to January 1, 2009 A
iii Project is being reviewed through the Clean Water Act Section 404/National
Environmental Policy Act Merger 01 Process or Safe Accountable Flexible
Efficient Transportation Equity Act; a Legacy for Users (published by the US
Army Corps of Engineers and Federal Highway Administration, 2003) or its
immediate successor and that have reached agreement with Department on
avoidance and minimization by January 1, 2009, or
iv Project is not required to be reviewed by the Clean Water Act Section
404/National Environmental Policy Act Merger 01 Process or Safe Accountable
Flexible Efficient Transportation Equity Act; a Legacy for Users (published by
the US Army Corps of Engineers and Federal Highway Administration, 2003)o
its immediate successor if a Finding of No Significant Impact has been issued for
the project and the project has the written approval of the Division prior to January
1, 2009.
Office of Administrative Hearings/Rules Division

RULE PENDING LEGISLATIVE SESSION— MAY2020
(2) Existing and ongoing uses shall inol uJe include, but not be limited to, agriculture, buildings,
industrial facilities, commercial areas, transportation facilities, maintained lawns, (i.e. can be
mowed without a chainsaw or bush -hog), f
"'itl}he last ten �rye ] exiStine utility Ones line maintenance corridors and on -site sanitary
sew sewage systems, any of which involve either specific periodic management of
vegetation or displacement of vegetation by structures or regular activity.
Only the portion of the riparian buffer that contains the footprint of the existing and ongoing use is
except from the buffer requirements of this Rule.
(A) Change of ownership through purchase or inheritance is not a change of use.
(55,) Activities necessary to maintain existingand ongoing uses are allowed provided that the site remains
similarly vegetated, no i.. ^' built upon area is added within the ri ari ` buffer area
where it did not exist ^f +". offo^+;<.^ a'+o f this R„Ie prior to January 1, 2009, and existing
diffuse flow is maintain the site is in compliance with Paragraph (h) of this Rule.
(2-) A use that can be documented to the Division of Water Quality that Faeots at least one of the
following ,.ricer;.,.
W Pro eet requires a 401 Certifieati.^PAQ4 Permit issuedprior- to the off eti date f this
Rule and ., stillvalid;
0;
(B) Prejeet_r_equires µ_State-_peFmit surah—as a landfill, !1
..�.. y y , , 's AlP13ES wastewater d}SEhur-se,�ua�xa
applioation residuals and road eenstFuetien aetivities, and has begun construction or is
under eantfact to begin oonstruetion and has received all reqUired state permits prior to t
effeeti e dare of this Rule;
(C) Project is being reviewed through the Clean Water- Act Section 404, :rational
Env}renfaeatal Policy Aot Merger 0Mess or Safe rA eoetintab,l Flexible Efficient
Engineers and Feder -a! Highway Administration, 2003) eF its immediate sueeesser- and tha
have reaehed agreement with Department of Environment and Natural Reseurees on
avoidanee and minimization by the effective date of this Transpai4ation Equity Art; a Legaey for Users (published by the US Army Corps of Projeet is not required to be reviewed by the Clean Water Act e t dndn.r + 1
Envi enn e tµl Roli� Act Ador�,e 01 Riooess o C f A Aceetin4able Rl .'hl RFf' +
TranspeFtatien Equity �
0
a Legacy for Users (published by the US Army Corps of
Finding of No Signifieant impaet has been issued foF the pr-ojeet and the prejeet has the
written appFeval of the Division of Water- Quality prior- to the eff-ective date of this Rule-.
(-S)(6) At This Rule shall apply at the time an existing and ongoing use is changed to another use. use the
buffer Fequ ent of this Rule shall rely. Change of use ineludes the following: Change of use
shall involve the initiation of any activity not defined as existing and ongoing in Subparagraphs
(fl(1) through (fl(5) of this Rule.
W To add impervious sun-fwc. within the riparian buff
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An agricultural operation within the riparian buff-er is eenverted to a non agricultural; o
(g) EXEMPTION FOR PONDS CONSTRUCTED AND USED FOR AGRICULTURAL PURPOSES. This Rule
shall not apply to a freshwater pond if all of the following conditions are met:
The property on which the pond is located is used for agriculture as that term is defined in G.S. 106-
581.1.
(� Except for this Rule, the use of the property is in compliance with all other water quality and water
quantity statutes and rules applicable to the property before January 1 2009.
(3) The pond is not a component of an animal waste management system as defined in G.S. 143-
215.10B (3).
(c) DIFFUSE FLOW REQUIREMENT. Diffuse flow of runoffshall be maintained in the riparian buff-er by dispersing
eeneentrated flow and reestablishing vegetation, s f ll.,ws
04 Concentrated Funeff fr-eni new ditelies oF fnanmade eenvoyanees shall be converted to diffuse flow
before the r, eff enters the riparian b„ff r• and
((2) PeFiodie GeFrective aetion to restoFe diff-use flow shall be taken if neeessaf�, to impede the foFmation
w.v.v ..,cv ,
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of erosion gullies.
(h) STORMWATER RUNOFF THROUGH THE RIPARIAN BUFFER Stormwater runoff into the riparian buffer
shall meet dispersed flow_ as defined in 15A NCAC 02H .1002 except as otherwise described in this Paragranh.
Office of Administrative Hearings/Rules Division

RULE PENDING LEGISLATIVE SESSION - MAY 2020
Drainage conveyances include drainage ditches roadside ditches, and stormwater convevances. The followin
stormwater conveyances through the riparian buffer are either deemed allowable or allowable upon authorization as
defined in Subparagraph
(i)(1) of this Rule, provided that they do not erode through the buffer and do not
cause erosion to the receiving waterbody. Stormwater conveyances through the riparian buffer that are not listed below
shall be allowable with exception as defined in Part (i)(1) E) of this Rule
M The following are deemed allowable as defined in Part (i)(1)(A) of this Rule:
(A�
New drainage conveyances from a Primary SCM as defined in 15A NCAC 02H 1002
when the Primary SCM is designed to treat the drainage area to the conveyance and that
comply with a stormwater management plan reviewed and approved under a state
stormwater program or a state -approved local government stormwater rogram• and
(B)
New stormwater flow to existing drainage conveyances provided that the addition of new
flow does not result in the need to alter the conveyance.
(2) The following are allowable upon authorization as defined in Part (i)(1)(B) of this Rule:
(A)
New drainage conveyances from a Primary SCM as defined in 15A NCAC 02H 1002
when the Primary SCM is provided to treat the drainage area to the conveyance but are not
required to be approved under a state stormwater program or a state -approved local
government stormwater prop -ram;
(B)
New drainage conveyances when the flow rate of the conveyance is less than 0.5 cubic feet
per second during the peak flow from the 0.75 inch per hour storm;
(C)
New stormwater runoff that has been treated through a level spreader -filter strip that
complies with 15A NCAC 02H .1059;
(DD,)
Realignment of existing drainage conveyances applicable to publicly funded and
maintained linear transportation facilities when retaining or improving the design
dimensions provided that no additional travel lanes are added and the minimum required
roadwU typical section is used based on traffic and safety considerations;
(E)
Realignment of existing drainage conveyances retaining or improving the design
dimensions provided that the size of the drainage area and the percent built -upon area
within the drainage area remain the same;
(F)
New or altered drainage conveyances'applicable to publicly funded and maintained linear
transportation facilities provided that SCMs or BMPs from the NCDOT Stormwater Best
Management Practices Toolbox, are employed;
(Q)
New drainage conveyances applicable to publicly funded and maintained linear
transportation facilities that do not provide a stormwater management facility due to
tomography constraints provided other measures are employedo protect downstream water
quality to the maximum extent practical; and
(H)
New drainage conveyances where the drainage area to the conveyance has no new built -
upon area as defined in 15A NCAC 02H. 1002 and the conveyance is necessary for bypass
of existingdrainage rainage only.
(d)Lih REQUIREMENTS
FOR CATEGORIES OF USES AND rITI nTIOi r USES. Uses within the riparian
buffer, or outside the
buffer with hydrological impacts on the riparian buffer, shall be designated as excerpt,
deemed allowable, potentially
allo allowable upon authorization allowable with mitigation upon authorization
allowable with exception or prohibited. and- ^ ehibi*�a location t rt of ' this Rule w n , *w f n
r'� cc ccx cu'o czxaz c vx aow ax cxxx� rcczx��rnzri-nccvo cnv-cprimRyr6
Fequirements
(11,) ' Potential new uses shall have the following requirements:
(4-)(A�
EXEMPT. DEEMED ALLOWABLE. Uses designated as exeunt deemed allowable in
Subparagraphs (h)(1) and (i)(3) of this Rule may occur are mowed within the riparian
buffer. Exempt Deemed allowable uses shall be designed, constructed and maintained to
minimize vegetation and soil disturbance and to provide the maximum water quality
protection "r"^Prc[ctiveable. practicable, including construction, monitoring and maintenance
activities. In addition, exempt deemed allowable uses shall meet requirements listed in the
table Subparagraph (h)(3) of this Rule for the specific use.
(2)(B)
POTENTIALLY ALLOWABLE. ALLOWABLE UPON AUTHORIZATION. Uses
designated as potentially allowable upon authorization in Subparagraphs (h)(2) and (i)(3)
of this Rule require a written Authorization Certificate from the Authority for impacts may
proeeed within the riparian buffer pursuant to Rule .0606 of this Section. provided that
Office of Administrative Hearings/Rules Division

RULE PENDING LEGISLATIVE SESSION— MAY2020
i authorization from the Division of Water Quality. Some of these uses
tWn, as indio.,ted i the ehart in this Rule.
ALLOWABLE WITH MITIGATION UPON AUTHORIZATION Uses designated as
allowable with mitigation upon authorization in Subparagraph (i)(3) of this Rule require a
written Authorization Certificate from the Authority for impacts within the riparian buffer
pursuant to Rule .0606 of this Section and an appropriate mitigation strategy that+ has
received written approval pursuant to Paragraph (j) of this Rule
(-3-)(M PROHIBITED. Uses designated as prohibited or not ; eluded in this table in Subparagraph
(i)(3) of this Rule may not proceed within the riparian buffer unless a var-i>aneVariance is
granted pursuant to Rule .0606. Site specific mitigati .0226 of this Subchapter.
Mitigation may be required as one a condition of a variance approval.
(E) ALLOWABLE WITH EXCEPTION. Uses not designated as deemed allowable allowable
upon authorization allowable with mitigation upon authorization or prohibited in
Subparagraph (i)(3) of this Rule require a written Authorization Certificate with Exception
from the Authority for impacts within the riparian buffer pursuant to Rule 0606 of this
Section and an appropriate mitigation strategy that has received written approval pursuant
to Paragraph(j) of this Rule.
(4) MITIGATION. Per -sons who wish to undertake uses designated as allowable with mitigation shall
obtain 'pp"
(2) The United States Environmental Protection Agency Endangered Species Protection Program at
www.epa, og v/espp and NC Pesticide Board regulates pesticide application (see rules at 02 NCAC
09L .2201 through .2203).
The following table sets out potential new uses within the riparian buffer, or outside the
buffer with hydrological impacts on the riparian buffer, and designates them as deemed allowable
allowable upon authorization allowable with mitigation upon authorization or prohibited:
Deemed
Allowable
Allowable
Prohibited
Upon
Allowable
with
Authorization
Mitigation
Upon
Authorization
(A' Airport facilities:
(i) Vegetation removal activities necessary to comply
X
with Federal Aviation Administration requirements
(e.g. line of sight requirements) provided the
disturbed areas are stabilized and reve eg tated
(ii j Airport facilities that impact equal to or less than one-
X
third of an acre of riparian buffer
(iiij Airport facilities that impact greater than one-third of
X
an acre of riparian buffer
B' Archaeological activities
X
(C) Bridges:
(i) Impact equal to or less than one -tenth of an acre of
X
riparian buffer
(ii) Impact greater than one -tenth of an acre of riparian
X
buffer
(D) Dam maintenance activities:
(i), Dam maintenance activities that do not cause
X
additional riparian buffer disturbance beyond the
footprint of the existing dam
(ii) Dam maintenance activities that do cause additional
X
riparian buffer disturbance beyond the footprint of
the existing dam
Office of Administrative Hearings/Rules Division

RULE PENDING LEGISLATIVE SESSION— MAY2020
Deemed
Allowable
Allowable
Prohibited
Allowable
Upon
with
Authorization
Mitigation
Upon
Authorization
(E) Drainage of a pond subject to Para rg aph (c) of this Rule
X
provided that a new riparian buffer is established by natural
regeneration or planting, within 50 feet of any stream which
naturally forms or is constructed within the drained pond
area. Drained ponds shall be allowed to naturalize for a
minimum of six months from completion of the draining
activity before a stream determination is conducted pursuant
to Paragraph (d) of this Rule
(F) Fences:
(ij Fencing livestock out of surface waters
X
(ii) Installation does not result in removal of trees
X
N
(iii) Installation results in removal of trees
(G) Fertilizer application:
(i) One-time fertilizer application at agronomic rates in
X
the riparian buffer to establish replanted ve,=etation.
e time ji . r
[This � y applies t the , t.
i
ill thO r r b ,ff ' No runoff from this
one-time application in the riparian buffer is allowed
in the applieablo} surface water
i%° Ongoing fertilizer a lication
X
(H) Forest harvesting - see Rule .0608 of this Section
(I) Greenways, trails, sidewalks or linear pedestrian/bicycle
X
transportation fs st - s stems,
ail In outer riparian buffer (landward of 50 feet)
provided that no built upon area is added within the
riparian buffer
(ii) In the inner riparian buffer provided that no built
X
upon area is added within the riparian buffer and the
installation does not result in the removal of tree(s)
(iii) When built upon area is added to the riparian buffer,
X
equal to or less than- 10 feet wide with f , two foot
wide shoulders. fNlust} Shall be located landward of
50 feet unless there is no practical alternative
(iyj When built upon area is added to the buffer,
X
greater than 10 feet wide with fM M foot wide
shoulders. fMmm M be located landward of 50
feet unless there is no practical alternative
(J) Historic preservation
X
W New Landfills as defined by G.S. 130A-290
X
(L) Maintenance access on modified natural streams or canals:
X
a grassed travelway on one side of the waterbody when less
impacting altemati e f mis, alternatives are not practical.
The width and specifications of the travel way shall be only
that needed for equipment access and operation. The
travelway shall be located to maximize stream shading
Office of Administrative Hearings/Rules Division

RULE PENDING LEGISLATIVE SESSION — MAY2020
Deemed
Allowable
Allowable
Prohibited
Upon
Allowable
with
Authorization
Mitigation
Upon
Authorization
(M' Mining activities:
Mining activities that are covered by the Mining Act
X
provided that new riparian buffers that meet the
requirements of Para rg aph (h) of this Rule and Rule
.0605 of this Section are established adjacent to
an relocated channels
(ii) Wastewater or mining dewatering wells with
X
approved NPDES permit
(NJ On -site sanitarysewage ewage systems - new ones that use ground
X
absorption
(Oil Pedestrian access trail and associated steps leading to a
surface water, dock, canoe or kayak access, fishing pier
boat ramp or other water dependent structure:
(i rPed #.* 'aceess trail ^ ttaQ Equal to or less than
X
six feet wide that does not result in the removal of
any tree(s) within the riparian buffer and does not
result in [any built apen area being added4 the
addition of built upon area to the riparian buffer
ii ` "'wesWan ac-c- s trail qual} Equal to or less than six
X
feet wide whor-^ the :,,. Wiation ^ '4 that results
in the removal of tree(s) or the addition of built upon
area to the riparian buffer
iii Pau a access t:wa � Greater than six [si*}
X
feet wide
(P) Playground equipment:
(i) Playground equipment on [s n le fa ilyj single-
X
i amily lots provided that installation and use does not
result in removal of vegetation
(i) Playground equipment on [singiee ,m��i 7 si_ 'Mle-_
X
family lots where installation or use results in the
removal of vegetation
(ihD Playground equipment installed on lands other than
X
sin le -family lots
(Q) Ponds created or modified by impounding streams subject
X
to riparian buffers pursuant to Paragraph (c) of this Rule and
not used as stormwater control measures (SCMs):
(i) New ponds provided that a riparian buffer that meets
the requirements of Paragraph (h) of this Rule and
Rule .0605 of this Section is established adjacent to
the pond
(R) Protection of existing structures and facilities when this
X
requires additional disturbance ro lithe riparian buffer
Office of Administrative Hearings/Rules Division

RULE PENDING LEGISLATIVE SESSION — MAY2020
Deemed
Allowable
Allowable
Upon
Authorization
Allowable
with
Mitigation
Upon
Authorization
Prohibited
Public Safety - publicly owned spaces where it has been
X
determined by the head of the local law enforcement agency
with jurisdiction over that area that the�buffers pose
a risk to public safety. The head of the local law
enforcement agency shall notify the local government with
land use jurisdiction over the publicly owned space and the
Division of Water Resources of any such determination in
writing
(Tj Removal of previous fill or debris provided that Paragraph
X
(h) of this Rule is complied with and any vegetation
removed is restored
Restoration or enhancement wetland stream as defined in
X
X
33 CFR Part 332 available free of charge on the intemet at:
http://water.epa.gov/lawsregs/guidance/wetlands/wetlands
mitigation tion index.cfm:
(i) Wetland or stream restoration that is part of a
compensatory mitigation bank, nutrient offset bank
or the In Lieu Fee program LdGe �,;.o „ •;t+o..
Divisionapproval that resufts in impacts t th
ripaFi .buf er4
(it) Wetland or stream restoration other than those listed
above I
results in impaots to the pa fi.*. h f 7
(V) Road, driveway or [railroad! railroad - impacts other than
perpendicular crossings of streams and other surface waters
X
subject to this Rule
(W) Road, drivewa/ or [tailread& railroad -perpendicular
crossings of streams and other surface waters subject to this
X
X
X
X
X
X
[Baleor- e", into the 1, f- • that does t
perpendicular-
Rule:
(i) Impact equal to or less than one -tenth of an acre of
riparian buffer
(ii) Impact greater than one -tenth of an acre but equal to
or less than one-third of an acre of riparian buffer
(iii) Impact greater than one-third of an acre of riparian
buffer
(iv) Driveway crossings in a residential subdivision that
cumulatively [d stuwbj impact equal to or less than
one-third of an acre of riparian buffer
(vj Driveway crossings in a residential subdivision that
cumulatively [distu bl impact greater than one-third
of an acre of riparian buffer
NO i Farm roads and forest roads that are
exempt from permitting from the U.S. Army Cor- ss
of Engineers per Section. 404 of the €ederall
Clean Water Act
Office of Administrative Hearings/Rules Division

RULE PENDING LEGISLATIVE SESSION — MAY 2020
Deemed
Allowable
Allowable
Upon
Authorization
Allowable
with
Mitigation
Upon
Authorization
Prohibited
( Road relocation of existing private access roads associated
X
X
with public road projects where necessary for public safety:
Less than or equal to 2,500 square feet of riparian
buffer impact
(ia Greater than 2,500 square feet of riparian buffer
impact
Y' Scientific studies and stream au in
X
(Z) Slatted uncovered decks including steps and support posts
X
which are associated with a dwelling_ provided that it meets
the requirements of Paragraph) of this Rule and Rule
.0605 of this Section and installation does not result in
removal of ve etation
(AAj Stormwater Control Measure (SCM) as defined in 15A
X
X
NCAC 02H .1002:
(i) In the outer riparian buffer (landward of 50 feet)
Paragraph (h) of this Rule is complied with
(ii) In the outer riparian buffer (landward of 50 feet)
Paragraph (h) of this Rule is not complied with
B Streambank or shoreline stabilization
X
(CGS Temporary roads, provided that the disturbed area is
X
X
X
restored to pre -construction topographic and h d�gic
conditions and replanted with comparable vegetation within
two months of when construction is complete Tree lap nting
may occur during the dormant season. At the end of five
ears the} any restored wooded M buffer shall
comply with the restoration criteria in f
Rule .0295(i) of this Subchapter:
(i) Less than or equal to 2,500 square feet of riparian
buffer disturbance
(id Greater than 2,500 square feet of riparian buffer
disturbance
(ii:Aj Associated with culvert installation or bridge
construction or replacement
(DD)Temporary sediment and erosion control devices provided
X
that the disturbed area is restored to preconstruction
topographic and hydrologic conditions and replanted with
comparable vegetation within two months of when
construction is complete. Tree planting may occur during
the dormant season. At the end of five years Ldwl iny
restored wooded riparian buffer shall comply with the
restoration criteria in Rule .0295(i) of this Subchapter:
(i) [M-Zene4] In the outer riparian buffer (landward of
50 feet provided that ground cover is
established within the timeframes required by the
Sedimentation and Erosion Control Act vegetation
in rZene -14 the inner riparian buffer is not
compromised, and that discharge is released in
accordance with Paragraph (h) of this Rule
Office of Administrative Hearings/Rules Division

RULE PENDING LEGISLATIVE SESSION— MAY2020
Deemed
Allowable
Allowable
Prohibited
Allowable
Upon
with
Authorization
Mitigation
Upon
Authorization
H) In des l and 21 the inner and outer riparian buffer
X
to control impacts associated with uses identified in
this Table f or uses that
have received an fautkorizat-ion. eoAifieate�,-ith
exsoptieni Authorization Certificate with Exception
provided that sediment and erosion control for
upland areas is addressed outside the riparian buffer
(iii) In -stream temporary erosion and sediment control
X
measures for work within a stream channel that is
authorized under Sections 401 and 404 of the Federal
fWater n lluyie„ „,,. g Clean Water Act
[In stream tempor-aty- fo
sion and sediment control measures
wor]( within a stream chamel that has from
written approval the
I)Msioa and the U.S. Anny Corps Engineers Sections
of under
(EE) Utility Lines - Streatnbank stabilization for the protection of
publicly owned utility lines (not including new line
installation):
(i) Less than than 150 feet of streambank disturbance
X
_
X
(ii) Greater than 150 feet of streambank disturbance
(FF) Utility Lines - Sewer Lines - Sanitary Sewer Overflows:
X
(i) Emergency sanitary sewer overflow response
activities, provided that the disturbed area within the
riparian buffer outside of the existing utility line
maintenance corridor: is the minimum necessary t
respond to the emergency overflow, is restored to
pre -construction topographic and hydrologic
conditions, and is replanted with comparable
vegetation (e.g. grass with grass hardwoods with
hardwoods) within two months of when disturbance
is complete
(ii) Emergency sanitary sewer overflow response
X
activities that do not meet the listing above For aUi
new proposed permanent impacts are not a "Deemed
Allowable Activity", an application for an
Authorization Certificate shall be submitted to the
Authority no later than 30 calendar dates of
conclusion of the emergency response activities
(GG) Utility - Sewer Lines — Vegetation maintenance activities
that remove forest vegetation from existing sewer utility
right of ways (not including new line installation) outside of
the existing utilityline maintenance corridor:
(i) Impacts outside of the inner 50 feet nearest the stream
X
X
(ii) Impacts in the inner 50 feet nearest the stream: For
lines that have not been maintained the vegetation
can be mowed cut or otherwise maintained without
disturbance to the soil structure for a maintenance
corridor that is equal to or less than 30 feet wide
(iii) Impacts in the inner 50 feet nearest the stream other
X
than those listed above
Office ofAdmiuistrative Hearings/Rules Division

RULE PENDING LEGISLATIVE SESSION— MAY2020
Deemed
Allowable
Allowable
Prohibited
Allowable
Upon
with
Authorization
Mitigation
Upon
Authorization
(HH) Utility — Sewer Lines - Replacement/Rehabilitation of
existing sewer lines within, or adjacent to an existingright
of way but outside of anexistin utility line maintenance
corridor provided that comparable vegetation (e.g. gass
with grass, hardwoods with hardwoods) is allowed to
regenerate in disturbed riparian buffers outside of the
permanent maintenance corridor and riparian buffers
outside of the permanent maintenance corridor are not
maintained:
(i) Permanent maintenance corridor equal to or less than
X
30 feet wide provided there is no grading and/or
rubbing within 10 feet of the top of bank when the
sewer line is parallel to the stream
(ii) Gradingand/or nd/or grubbing within 10 feet of the top of
X
bank when the sewer line is parallel to the stream and
permanent maintenance corridor equal to or less than
30 feet wide
(iii) Permanent maintenance corridor greater than 30 feet
X_
wide. For impacts other than perpendicular
crossings, mitigation is only required for impacts in
the inner 50 feet nearest the stream. For
perpendicular crossings that disturb equal to or less
than 40 linear feet, no mitigation is required. For
perpendicular crossings that disturb greater than 40
linear feet, mitigation is only required for impacts in
the inner 50 feet nearest the stream
(II) Utility -Sewer Lines —New Line ion
Activities Activities — Perpendicular crossings of streams and other
surface waters subject to this Rule or perpendicular entry
into the riparian buffer that does not cross a stream or other
surface water subject to this Rule provided that vegetation
is allowed to regenerate in disturbed areas outside of the
permanent maintenance corridor:
(i) Construction corridor of less than or equal to 40
X
linear feet wide and a permanent maintenance
corridor that is equal to or less than 30 feet wide
(ii) Construction corridor of greater than 40 linear feet
X
wide and less than or equal to 150 linear feet wide
and a permanent maintenance corridor that is equal
to or less than 30 feet wide
(iii) Construction corridor of greater than 150 linear feet
X
wide and a permanent maintenance corridor that is
equal to or less than 30 feet wide
Office of Administrative Hearitrgs/Rules Division

RULE PENDING LEGISLATIVE SESSION — MAY2020
Deemed
Allowable
Allowable
Prohibited
Upon
Allowable
with
Authorization
Mitigation
Upon
Authorization
(iv) Permanent maintenance corridor that is greater than
x
30 linear feet wide. For impacts other than
perpendicular crossings, mitigation is only required
for impacts in the inner 50 feet nearest the stream
For perpendicular crossings that disturb equal to or
less than 40 linear feet no mitigation is required For
perpendicular crossings that disturb greater than 40
linear feet, mitigation is only required for impacts in
the inner 50 feet nearest the stream
(m) Utility - Sewer Lines — New Line Construction/Installation
Activities — Impacts other than perpendicular crossings
provided that vegetation is allowed to regenerate in
disturbed areas outside of the permanent maintenance
corridor:
(i) Impacts outside of the inner 50 feet nearest the stream
X
_
X
(ii) Less than 2,500 square feet of impacts in the inner 50
feet nearest the stream when impacts are solely the
result of tag into an existing.utility line and when
grubbing or grading within 10 feet immediately
adjacent to the surface water is avoided
(iii) Impacts to the inner 50 feet nearest the stream other
X_
than noted above
Office of Administrative Hearings/Rules Division

RULE PENDING LEGISLATIVE SESSION — MAY2020
x
that t1'evxocaxbva the buffer
area within iS the—minifflum
PI'e constructconditions,
replanted with nmra ablo .,t+' 4
th f h
b within mo
dirt rbanoo i. complete.
subject to thisiAulo orpo-uondiottiac c t v into the h ff that does
r
.de d that n otr 11 t' td a +
Nr iany fhh v.zn:rrnm.ra,a
hnf�i eF: unnn and dim .tin .ml b�ring methods, bore d ;aek
,othor ariat t, il'
techniquesrr rppropb th d!
x
(mitigation `I d IJ f Y + beyond the 20 linear- f t
coi
n i.dar Nyi.dth)
x
x
. .........
mom
Office of Administrative Hearings/Rules Division

RULE PENDING LEGISLATIVE SESSION— MAY2020
Deemed
Allowable
Allowable
Upon
Authorization
Allowable
with
Mitigation
Upon
Authorization
Prohibited
x
x
7�
x
v:.
x
7X
al3eve
Lift stations require 8 Control Data Acquisition
efvisofy and
System
,
dec iment.ation, ,sit be maintained for 3 years ofal-1 nef+he „hboye
and _available „ t
Vegetation maintenaffee that forest
ac4ivilies re-m-ovo vegetation
fnr MiAing S ,,ea t,tility right of ways/corridors that do not mee
the oa teFia of ex stiRg agr.ap
this Rule:
use ,tea-P.af (f) of
impacts outsidef th . 4(1 CM t t
- aaaaaea .,v aeva nearest mv-�rrearxx
the
lAte i3inet 50 eet the
nearest streama �ry -vd iupR—np
Glean-ia a within 10 feet of the stream
impaets in the inner 50 feet the
nearest stream, pi!ovided-th�
----anent maintenance :s kept to 10 foot ,
corfidor- either side
of the existing sewer line. Cleo 10 feet f
ab within the stream
n ocour,;dod .a,i bin within this
grading ooeurs
area-.
in the inner 50 f�et the
stream,Impacts
nearest provided the
yyey- i nt maintenance coff ido,- is kept to 1 n f ot on eit-h or side
of the existing —sewer- line. Clear d hh'
„aa
grading b b ea
egrading and
o ,hh;a, within If, feet iloss, than 7 oo f r
in the- inner 50 feet the than those
nearest4mpaets stream other
lktedahev@
(KK) Utilities — Non -Sewer Underground Lines Vegetation
X
x_
X
maintenance activities that remove forest vegetation from
existing utility right of ways not including new line
installation) outside of the existing utility line maintenance
corridor:
(i) Impacts outside of the inner 50 feet nearest the stream
(ii) Impacts in the inner 50 feet nearest the stream- For
lines that have not been maintained the vegetations
can be mowed cut or otherwise maintained without
disturbance to the soil structure for a maintenance
corridor that is equal to or less than 30 feet wide
(iii) Impacts in the inner 50 feet nearest the stream other
than those listed above
Office gfAdministrative Hearings/Rules Division

RULE PENDING LEGISLATIVE SESSION — MAY2020
Deemed
Allowable
Allowable
Prohibited
Upon
Allowable
with
Authorization
Mitigation
Upon
Authorization
(LL) Utilities — Non -Sewer Underground Lines Perpendicular
crossings of streams and other surface waters subject to this
Rule or perpendicular entry into the riparian buffer that does
not cross a stream or other surface water subject to this Rule
provided that vegetation is allowed to regenerate in
disturbed areas outside of the permanent maintenance
corridor:
(i) Construction corridor of less than or equal to 50
X
linear feet wide and a permanent maintenance
corridor that is equal to or less than 30 feet wide
(ii) Construction corridor of greater than 40 linear feet
X
wide and less than or equal to 150 linear feet wide
and a permanent maintenance corridor that is equal
to or less than 30 feet wide
(iii) Construction corridor of greater than 150 linear feet
x
wide and a permanent maintenance corridor that is
equal to or less than 30 feet wide
(iv) Permanent maintenance corridor that is greater than
X
30 linear feet wide (mitigation is required only or
impacts within the inner 50 feet nearest the stream)
(MM) Utilities — Non -Sewer Underground Lines. Impacts other
than perpendicular crossings provided that vegetation is
allowed to regenerate in disturbed areas outside of the
permanent maintenance corridor:
(i) Impacts outside of the inner 50 feet nearest the stream
(impacts in. the inner 50 feet nearest the stream to less
X
than 2,500 square feet when impacts are a result of
tying to an existing utility line and when grubbing or
grading within 10 feet immediately adjacent to the
surface water is avoided
(iii) Impacts to the inner 50 feet nearest the stream other
X
than noted above
Office of Adininistrative Hearings/Rules Division

RULE PENDING LEGISLATIVE SESSION - MAY 2020
Deemed
Allowable
Allowable
Allowable
with
Mitigation
Upon
Authorization
Prohibited
Upon
Authorization
Utilities- Non sewer under -ground li m
�
x
x
to this h„ffr
subject Rule or rpendvwular e„tty into the that does
e.at t., A— D„le•
a2
e t of r aaan hµf `, ,.a..;de.`la that vegetative t' + t d
'aN,', . provided egetative--i-oot systems -and
a"'+"pt
stumps shall t�® 1_4 to maintain the int..bi iar� ' t of the soil
wept m the t,.e„eh where trees are __a and that vegetation-i-s
lto disc hbedare.as ;th the,exception F
•La.iut0 in
b ui
maintenance to less than 30 Let in
...rid., equal vi widt
Construction that disturb than 50 linear f�et
activities greater- an
less than or equal to 150 linear feet h ,ff A
of riparian provide
that be left intact
vegetative _.of systems ..d ,t.,,.shall to
maintain the integit• ,.
the '1 in the trench
of except where trees
are out and that vegetation to d' a h
allowed F rar
.aa ......,, ,,.aa.a a,.is. ....aa.,i,. ,.a u.iia, .. v.s .,., ieb.. ivai.a,.v LSL .aa•accir-vocc
at•eas „+h the „t'., t •1d al t 1
of
......+............., exception .,� ....aa..aaa...ia..aa..a� ,..a,ii..aai .:.1.,.., iv vL r.,.,o
than 30 feet i „;dth
COHAFUGtiOn iVi;ieq_ th-At distUrb than 150 linear feet
greater- of
riparian 1 uffe
than 30 feet , ;,nth
impacts othe;
impacts out-si e the inner 50 feet the
of nearest stream provided
v n etat.oaa disturbance tfunction f
i., a _ established after and
b.ic-h `vc
the inne • G!t feet the is d
nearest stream not _ V
50 feet the-, less 2,500
square�Anner neare-st Stroaam than
f e+
ets ilt
' to t' t'1't,L ragaare
when oft,
J a b J
li „ded that la„d bbin ding ' t ,l t d
'1.'aivi 'Is-nv>-cm-ccrccccc>z
.aaa......: racy rrrcrc xuxcn gx avoill`�j-vi �'rcmnirc�
within 10 feet immediately adjacent to the „ate .
abov
Vegetation maintenance
aetivitios along an existing utility-44no
beyond_ the footpi! „+ of an existingutility l; maintenano
vv�'d h re the total
PPIZeav loss
UOI ,. v aaauaii viiuiivv vviii Vi L.7
maintenance corridor equal to or
rn
than 30 linear feet in width
Vegetat on maintenance line
activities along an existing utility
beyond the Qotprinr
of an existing utility r aW fiance
'd h the total 1 t 'd t t1, M
.,........ .,a.,,.,, aaa., ..,.Na aaa.,aaa,..aa..i.v., .,a,iaa,.,,i i,a aavuwa aLiuLL �v
1;„ear feet in width
Office of Administrative Hearings/Rules Division

RULE PENDING LEGISLATIVE SESSION — MAY2020
Deemed
Allowable
Allowable
Prohibited
Upon
Allowable
with
Authorization
Mitigation
Upon
Authorization
(NN) Utilities — Non -Sewer Aerial Lines. Perpendicular
X
crossings of streams and other surface waters subject to this
Rule or perpendicular entry into the buffer that does
not cross a stream or other surface water subject to this Rule:
(i) Disturb equal to or less than 150 linear feet wide of
riparian buffer provided that a minimum zone of 10
feet wide immediately adjacent to the [water bo dyj
waterbod is managed such that only vegetation that
poses a hazard or has the potential to grow tall
enough to interfere with the line is removed, that no
land grubbing or grading is conducted in the inner 50
feet nearest the stream, and that that poles or aerial
infrastructure are not installed within 10 feet of a
twat d }waterbodv
(ii) Disturb greater than 150 linear feet wide of riparian
X
buffer
©O Utilities — Non -Sewer Aerial Lines - Impacts other than
perpendicular crossings of streams and other surface waters
subject to this Rule or perpendicular entry into the riparian
buffer that does not cross a stream or other surface water
subject to this Rule:
(i) Impacts outside of the inner 50 feet nearest the stream
X
X
(ii) Impacts in the inner 50 feet nearest the stream
provided that a minimum zone of 10 feet wide
immediately adjacent to the fwateF4xedy} waterbodv
is managed such that only vegetation that poses a
hazard or has the potential to prow tall enough to
interfere with the line is removed, that no land
grubbing or grading is conducted in the inner 50 feet
nearest the stream, and that that poles or aerial
infrastructure are not installed within 10 feet of a
j waterbody
Vegetation management:
(i) :Emergency fire control measures provided that
X
topography is restored
00 <Placement of mulch ring around restoration plantings
X
for a period of five years from the date of planting
(iii) Planting non-invasive vegetation to enhance the
X
riparian buffer
(iy) Pruning forest vegetation provided that the health
X
and function of the forest vegetation is not
compromised
(v) iRemoval of individual trees, branches or limbs which
X
are in danger of causing damage to dwellings
existing utility lines, other structures or human life,
or are imminently endangering stability of the
streambank provided that the stumps are left or
ground in place without causing additional land
disturbance
Office of Administrative Hearings/Rules Division

R ULE PENDING LEGISLATIVE SESSION — MAY 2020
Deemed
Allowable
Allowable
Prohibited
Upon
Allowable
with
Authorization
Mitigation
Upon
Authorization
emoval of individual trees that are dead diseased or
X
damaged
MIMMRernoval of poison ivy, oak or sumac. If removal is
X
significant, then the riparian buffer shall be replanted
with non-invasive species
emoval of understory nuisance vegetation as
X
defined in: Smith, Cherri L. 2008. Invasive Plants of
North Carolina. Dept. of Transportation. Raleigh, NC
(available at
http://portal.ncdenr.org/c/document library/get file
?uuid=Oacc6377-ea07-42dc-bb27-
45a78dlc7ebe&groupld=38364). If removal is
significant then the riparian buffer shall be replanted
with non-invasive species
(ix) Removal of woody vegetation in [
X
riparian buffeP, provided that Paragraph (h) of this
Rule is complied with
Vehicle access roads and boat rams(excluding arkin
areas) leading to surface water, docks, fishing piers, and
other water dependent activities:
Single vehicular access road and boat ramp to the
X
surface water but not crossing the surface water that
are restricted to the minimum width practicable not
to exceed 15 feet wide fin- *i ldq
IlWehicular access roads and boat ramps to the surface
X
water but not crossing the surface water that are
restricted to the minimum width practicable and
exceed 15 feetE3e in-�
(M Water dependent structures (except for boat ramps) as
X
defined in Rule .0202 of this Subcha tamer
SS' Water wells
X
(TT) Wildlife passage structures
X
�110MM-MMMU AM
I MM . I
w
Office of Administrative Hearings/Rules Division

RULE PENDING LEGISLATIVE SESSION— M4Y2020
(2-) Requests for an Authorization Gertifioate shall be either- approved or denied within 60 days of reoeipt
of a complete submission based on the oriteria in Subparagraph (e)(1) of this Rule by the DivisioB-.
Failure t ' . Preval or- denial within 60 days shall oonstitute that the - ­ . I
demonstrated "no praetiGal alter -natives." The Division of Water Quality may attach P-AnditiAnq tri
the Authorization Ceffificate that support the purpose, spirit and intent of the riparian buffe
Wname, Theaddress and phone number of the applieant;
(B) The nature of the aetivity to be eenduet d by the applicant;
(C) The location of the ;.etiyity, including thejur-isdietion;
()7 A map of suffleient detail to aocurately delineate the boundar-ies of the land to be utilized
I the aetivit�,, the lEwation and dimensions of any disturbanee in riparian
,... with the activity, and the extent of riparian h„fF .... the land;
(E) An ``+ ..1a"io .vof why his l fe the etiy:t., cannot be practioall. aecomplished,
odu ed or reconfigured to better minimize disturbanee to the riparian buffeF
aquatie life and habitat and r, eteet water ., .,l:t, d
(F) Plans for y pFactiees proposed „ed to be used ttr 1 th r r .i with the
y
(/��
( J)
of G.S.o aB-.
(i) MITIGATION. Persons who wish to undertake uses designated as allowable upon authorization with mitigation
as defined in Part (i)(1)(C) of this Rule or allowable with exception as defined in Part (i)(1)(E) of this Rule shall meet
the following requirements in order to proceed with their proposed use
(1) Obtain an Authorization Certificate pursuant to Rule .0606 of this Section; and
(22) Obtain written approval for a mitigation proposal pursuant to Rule .0295 of this Subchapter.
DELEGATION OF AUTHORITY FOR THE PROTECTION AND MAINTENANCE OF EXISTING
RIPARIAN BUFFERS. The following set out the requirements for delegation of the responsibility for implementing
and enforcing the Goose Creek Watershed riparian buffer protection program as described in Rules 0605 through
.0608 of this Section, to local governments.
(1) The Commission shall grant and local government delegation of the Goose Creek Watershed
Riparian Buffer Protection requirements as described in Rules .0605 through .0608 of this Section
according to the following procedures:
(1-)LA) Local governments within the Goose Creek Watershed may submit a written request to the
.Commission for authority to implement and enforce the s Goose Creek Watershed
riparian buffer protection requirements within their jurisdiction. jurisdiction by
establishing a riparian buffer program to meet the requirements of Rules 0605 through
.0608 of this Section. The written request to establish a riparian buffer program shall be
acesempanied by 44onnationthat shows: include the following:
(A)(i) The Documentation that the local government has land use jurisdiction for the
riparian buffer buffer. This can be demonstrated by delineating the local land use
jurisdictional boundary on the USGS 1:24,000 topographical map(s) or other finer
scale map(s);
(B)Li iThe Documentation that the local government has the administrative organization,
staff, legal authority, financial resources and other resources necessary to
implement and enforce the State's riparian buffer protection requirements based
on its size and projected amount of development;
(G) iii The local government has—adegtea ordinances, resolutions, or regulations
necessary to establish and maintain the St.,te's riparian buffer- preteetion
rent and a riparian buffer program to meet the requirements of Rules
.0605 through .0608 of this Section and G.S. 143-214.23A•
iv Documentation that the local government's riparian buffer pro ram [eempies]
shallcomlily with all requirements set forth in G.S. 143-214.23A• and
(D)(v_) The local government has provided a plan to address violations with civil or
criminal remedies and actions as well as remedies that shall restore riparian' buffer
functions on violation sites and provide a deterrent against the occurrence of
future violations.
Office of Administrative Hearings/Rules Division

RULE PENDING LEGISLATIVE SESSION— M4Y2020
(2)(B) Within 90 days after the Commission has received the request for delegation, the
Commission shall the . _st if the leeal government has complied with.. all �
approve legµ ge., ,rY
Subparagraph (f)(1 ` of this Rule and notify the local government whether it has been
approved, approved with modifications, or denied.
(3) The Gem i i , , deteFinination that a delegated looal authar*�, is failing to implement or
notify the delegated leeal authority in writing of the local program's inadequacies. if the delegated
leGal atAhority has not eaFreoted the defloieneies within 90 days of receipt of the wFitten notification,
then the Commission shall reseind the delegation of authority to the local government and sha44
implement and e„F e the State' riparian buff protection requirements.
(g)(Q APPOINTMENT OF A RIPARIAN BUFFER PROTECTION ADMINISTRATOR. Upon
receiving delegation, local governments shall appoint a Riparian Buffer Protection U-inktrAtm=
Administrator(s) who shall coordinate the implementation and enforcement of the program. The
Ad�t nistratev Administrators) shall attend an initial training session by the Division of Watei
Quality and subsequent annual tr,,;,,;,,,. sessions. be certified to make on -site determinations
pursuant to G.S. 143-214.25A. The Administrator Administrator(s) shall' ensure that local
government sta€€s staff working directly with the program receive training to understand, implement
and enforce the program and are certified to make on -site determinations pursuant to G.S. 143-
214.25A. At any time that a local government does not have a certified individual retained on staff
to make on -site determinations pursuant to G.S. 143-214.25A, they shall immediately notify the
Division and indicate a proposed schedule to secure a certified staff member. program The local
government shall coordinate with the Division to provide on -site determinations until a new certified
staff member is secured by the local government.
(h)(D PROCEDURES FOR USES WITHIN RIPARIAN BUFFERS THAT ARE ALLOWABLE UPON
AUTHORIZATION AND ALLOWABLE WITH MITIGATION MITIGATION UPON
AUTHORIZATION AND ALLOWABLE WITH EXCEPTION. Upon receiving delegation local
governments shall review applications requesting Authorization Certificate pursuant to the
requirements set forth in Rule .0606 of this Section.
{4} Upon reGeiving delegation, leeal authorities shall review piepesed uses within the riparian buffe
and issueapprovalsif the uses meat the ...aria„ bu ff- r p t t'requi-rements.
(2-) Delegated local authorities shall issue an Authorization CeFtificate for uses if the proposed use meets
the requirements ineluding provisions for mitigation set forth in Rule 0609
(3) The Division of Water Quality may ehallenge a deoision made by a delegated leeal autherity for- a
period of 30 days after the Authorization Certificate is issued. if the Division of Water Quality does
not ohallenge an Authorization Ceftificate within 30 days of issuance, then the delegated loeal
„thorit„ s .deeisi n shall stand
(i) VARIANCES. After reeeiving delegation, local governments shall Feview sts and make.
reeommendations to the Commission F approvel
(j)(44) LIMITS OF DELEGATED LOCAL AUTHORITY. The Commission Division has shall have
jurisdiction to the exclusion of local governments to implement administer the requirements of this
Rule for the following types of activities:
M(A) Activities undertaken by the State;
(2-)(13 Activities undertaken by the United States;
(3)(C) Activities undertaken by multiple jurisdictions; and
(4)(DD) Activities undertaken by local units of government. government;
(E) Forest harvest activities described in Rule .0608 of this Section; and
Agricultural activities.
(k-)(5) RECORD -KEEPING REQUIREMENTS. Delegated local au4herities governments shall maintain
on -site records for a minimum of five years Delegated Jena T aus [governments] musE years
and shalt furnish a copy of these records to the Director Division within 30 calendar days of receipt
of a written request for the r-eraerds. them. The Division of the Viafer Qualit., shall inspect 1 .,l
riparian buff-ei, pmteotien programs to ensure that the pr-ogfams are being implemented and enfOFeed.
Each delegated local autherity's government's records shall include the following:
(4)LA) A copy of variance at' Authorization Certificate with [exe-eption] Exception requests;
(2)ffl) Findings on all #e variance Authorization Certificate with [] Exception request-s
finding of faet, requestg
Office of Administrative Hearings/Rules Division

RULE PENDING LEGISLATIVE SESSION — MAY2020
(n The fes4 results of the variance Authorization Certificate with [exception] Exception
proceedings;
(4)(D) A record of complaints and action taken as a result of the complaint;
(5)CE) Records for strew;: origin calls and stream ratings, on -site determinations as described in
Paragraph (d) of this Rule; and
(6)(F) Copies of all request re ues for authorization, records approving authorization and
Authorization Certificates.
AUDITS OF LOCAL AUTHORITIES. The Division shall regularly audit delegated local
governments to ensure the local programs are being implemented and enforced in keeping with the
requirements of Rules .0605 through .0608 of this Section. The audit shall consist of a review of all
local government activities with regards to implementation of Rules 0605 through 0608 of this
Section.
(7) PROCEDURES FOR RESCINDING DELEGATION. Upon determination by the Division that a
delegated local government is failingto o implement or enforce the Goose Creek Watershed riparian
buffer protection requirements in keeping with the request approved under Part (k)(1)(D) of this
Rule, the Commission shall notify the delegated local government in writing of the local program's
inadequacies. If the delegated local government has not corrected the deficiencies within 90 calendar
days of receipt of the written notification, then the Commission shall rescind the delegation of
authority to the local government and the Division shall implement and enforce the Goose Creek
Watershed riparian buffer protection requirements within their jurisdiction.
(8) DELEGATION. The Commission may delegate its duties and powers for granting and rescinding
local government delegation of the Goose Creek Watershed riparian buffer protection requirements
in whole or in part, to the Director.
(1) OTHER LAWS REGULATIONS AND PERMITS In all cases compliance with this Rule does not preclude the
requirement to comply with all federal, state and local regulations and laws.
(1) Riparian buffers along suFfaoe waters in this water -shed shall be maintained. Some uses within riparian btiffffs are -
exempt and some uses are Potentially allowable. Any exempt or potentially allowed use shall reqUiFO stermwate
control as outlined in Rule .0602 if the one aere thfeshold is rnet. The following ehart sets out the uses and their -
designation under- this Rule as exempt, potentially allowable reqUiFing DWQ approval or potenti I ­ . .
requiring both DWQ approVal and mitigation, er prohibited as desGFibed above. The United States Envir-onmental
Proteration Ageney EndangeFed Species Protection PFOgram at www.epa.geN4espp and NC Pesticide Beard regulates
pesticide application (see rules at 02 NCAG 09L .2201 through .2203),
�.
X
x
x
X
x
Office of Administrative Hearings/Rules Division

RULE PENDING LEGISLATIVE SESSION — MAY 2020
Office of Administrative Hearings/Rules Division

RULE PENDING LEGISLATIVE SESSION— MAY2020
Office of Administrative Hearings/Rules Division

RULE PENDING LEGISLATIVE SESSION— MAY2020
Office of Administrative Hearings/Rules Division

RULE PENDING LEGISLATIVE SESSION — MAY2020
initial dinf„rha.+ne
• Ternpmi-y for bridge
roads used eenstmetion e
replacement that
provided restoration aetivities, suoh a
soil stabilization
and are eendueted
immediately after n „srr„nt:e.,
rpun ie}t�eesisrs�r �*s erg
is me e,d
• Planting vegetation t : eaah.,nee the r4paFian bu4fef
�
• PFuning forest that the health
vegetation provided and
funetien of the forest vegetation t' + .1
. »...,....aa ..a �aa.. a.,a ...,.. ..eb.. a..aaa..a .� ..va vc�m-pi-via..-�ccc
•
X
damage to dwellings, tf r human 1'f
etheF
Nil
Office of Administrative Hearings/Rules Division

RULE PENDING LEGISLATIVE SESSION — MAY 2020
History Note: Authority G.S. 143-214.1; 143-215.8A; 143-214.7; 143-214.23, 143-214.23A, S.L. 2013, c. 413;
S.L. 2017, c. 209
Eff. February 1, 2009.
Readopted Eff. [Pending Legislative Review7. (The provisions of Para rQ aph (e)of this Rule were
transferred to 15A NCAC 02B . 0606(b). )
Office of Administrative Hearings/Rules Division