NC Aggregates Assoc_20210412

Homewood, Sue
From: Jay Stem <[e-mail]>
Sent: Monday, April 12, 2021 1:09 PM
To: SVC_DENR.publiccomments; Homewood, Sue
Subject: [External] Wetlands Rule
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Ms. Sue Homewood:
The aggregates industry appreciates the opportunity to submit comments concerning the Temporary Rules for 15A
NCAC 02H .1301 and 02H .1400-.1405.
The NC Aggregates Association opposes the proposed temporary rule because we do not believe that the Department of
Environmental Quality has jurisdictional authority to implement the proposed temporary rule.
We do not believe there is a need for the proposed temporary rule. With the implementation of the new WOTUS rule
(June 22, 2020), the NC Department of Environmental Quality (DEQ) has said that they need a rule to be able to issue
permits for impacts to wetlands and streams that are now not under federal jurisdiction. We believe the state should
not have the authority to regulate any wetlands, other than basins and bogs, that are not regulated by Section 404 of
the Clean Water Act.
The DEQ is also using "significant nexus" to make the determination about which wetlands would be under state
jurisdiction, but the new WOTUS rule does not recognize the significant nexus method of determining wetlands that are
under federal jurisdiction. So, why is DEQ using a method that is no longer recognized by the Clean Water Act, US EPA,
and US Army Corp. of Engineers?
The new WOTUS rule eliminated "isolated" wetlands from the federal rule. These wetlands are now considered
"excluded". The DEQ wants to create a new class of state isolated wetlands by adding "isolated" to the wetland
definitions.
If the proposed new temporary rule is implemented, the regulated community will be working under two sets of rules:
the new federal WOTUS rule and a state rule that will be using invalid methods to determine state jurisdiction.
The NC Aggregates Association does not believe there is a need for the temporary rule and opposes the temporary rule.
Please let me know if you have any questions.
Sincerely,
Jasper G. Stem, Jr., P.E.
Executive Director
North Carolina Aggregates Association
353 East Six Forks Road, Suite 270
Raleigh, NC 27609
919 782-7055
Fax: [phone]
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