Martin_20210412

Homewood, Sue
From: Kevin Martin <[e-mail]>
Sent: Monday, April 12, 2021 2:47 PM
To: SVC_DENR.publiccomments
Subject: [External] Wetland Rules
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The purpose of this email is to encourage the members of the Environmental Management
Commission to adopt the proposed DWR's Temporary Rules 15A NCAC 02H .1301 (Revision)
and 15A NCAC 02H .1400 (.1401 through .1405). I believe this is the only timely method for
providing some regulatory relief to the regulated public who was caught off guard by DEQ-
DWR's interpretation that they had no means of authorizing impacts to areas that were no
longer regulated by the US Army Corps of Engineers based on the 2020 Waters of the US
(WOTUS) Rules. I believe this will provide an avenue for the vast majority of those who have
been held up since June of last year when the rules went into effect.
While I do not agree with the Departments interpretation and I plan to provide more
elaborate comments on my reasoning during the permanent rule making process, at this time I
believe there is no other way to avoid prolonging the uncertainty and adverse economic
impact this interpretation has caused during an already difficult time since the Department
has made it abundantly clear that they have no intention of reconsidering their interpretation.
Kevin C. Martin
Former Member of the NC Environmental Management Commission 2002 - 2017
Principal
Soil & Environmental Consultants, PA
North Quarter Office Park
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
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