Huysman_20210412

April 12, 2021
Sue Homewood
Division of Water Resources
450 W. Hanes Mill Rd
Winston Salem NC 27107
RE: Public Notice Comments
15A NCAC 02H .1400 (.1401 through .1405)
Dear Sue,
The "Review of Applications" section should be amended to allow land owners to correctly identify the
"region" in which their property lies using USDA Natural Resources Conservation Service Soil Surveys.
These resources are publicly available and accurately identify soils associations with sufficient detail to
make a correct determination. Additionally, (a)(3)(D) specifically references the location where this can
be found within the rules.
Each published USDA Natural Resource Conservation Service Soil Survey contains a description of
"General Soil Map Units" that describes the landscape, soils and topography in sufficient detail to allow
property owners to identify their parcel as being in the "coastal", "piedmont", or "mountain" region.
Further, each survey includes a "General Soil Map" that depicts the locations of soils associations with
sufficient detail to make a correct determination; if uncertainty remains, then the land owner should
have the option of hiring a soil scientist.
Wilkes County provides a specific example underscoring the need for this proposed amendment. A
review of the soil survey depicts that almost 1/3 of the county is comprised of soils that are considered
mountainous; under the proposed rules, residents of the entire county (758 square miles) would be
required to hire a soil scientist to generate a soil report when there exists a commonly available
published public resource that could enable them to make this determination. Additionally, the rule
does not establish a contact within the Division of Water Resources for a landowner to submit such a
report, and does not establish a timeline for review of the report.
Considering that published soil surveys are already utilized in other aspects of state regulations
pertaining to stream buffers and water quality, their expanded use here would be appropriate. (a)(3)(D)
even provides a reference to where the soil series are categorized between the three regions.
The "Review of Applications" should be amended to allow more stream impacts in the mountains and
piedmont. In the same manner that the rules provide higher impact thresholds for wetlands in coastal
areas where they are more abundant, the proposed rules should equitably allow higher stream impacts
in the mountains and the piedmont where they are more abundant. DWR GIS data suggests that on a
per -square -mile basis, streams are far more abundant in the piedmont and mountains than in the
coastal region. The proposed rules should be modified to allow for activities that impact less than a
total of 300 linear feet of federally non -jurisdictional waters to be deemed permitted in these regions

provided that they fully comply with the specified conditions. This would not have any impact on the
mitigation requirements specified in the rules.
Deeply incised intermittent stream channels in agricultural lands of the piedmont and low gradient
mountain seeps with streams are two specific examples of the need for the proposed changes. In the
first example, stream channels can be fully 25 feet below the natural ground surface and disconnected
from federally regulated streams due to an abundance of colluvium and alluvium. In the later example,
mountain seeps that form intermittent streams that do not connect with federally regulated streams
should be allowed greater impact thresholds due to their relative abundance within the region.
From a development perspective, topography in these regions often requires increased slopes to
properly grade and stabilize road crossings, construct ponds and grade building pads while complying
with erosion control best management practices. Grading and side slopes need to be considered in the
piedmont and mountains so that side slopes can be kept to low angles and limit the use of walls.
Another specific consideration is the construction of dam embankments which require significantly
longer impacts to streams in the piedmont and mountain regions due to topography. Allowing a greater
impact threshold within these regions will encourage the construction of agricultural and amenity ponds
on tributaries that are not part of larger free -flowing stream systems captured by the Clean Water Act.
Respectfully submitted,
Chris Huysman
510 Snow Lane
Sparta, NC 28675