NC Coastal Federation_20210412

North Carolina
Coastal Federation
Working Together for a Healthy Coast
April 12, 2021
Sue Homewood
Division of Water Resources
450 W. Hanes Mill Rd
Winston Salem NC 27107
Submitted via: [e-mail]
RE: Proposed Temporary Rules 15A NCAC 02H .1401-1405 - Discharges to Federally Non -
Jurisdictional Wetlands and Classified Surface Waters
Ms. Homewood:
Please accept the following comments on the proposed temporary rules for 15A NCAC-
02H.1401-1405 — Discharge to Federally Non -Jurisdictional Wetlands and Classified Surface
Waters on behalf of the North Carolina Coastal Federation.
The federation is a non-profit organization dedicated to protecting and restoring the
North Carolina coast. Our organization represents 16,000 supporters statewide and works with
the public, state and federal agencies and local governments to communicate and collaborate
towards solutions that lead to the stewardship and resiliency of our coast. Since 1982, the
federation has been working with coastal communities and other partners to protect and
restore coastal water quality, natural habitats, and public beach access, which are intricately
tied to our coastal economy. We strive to support and enhance the natural coastal
environment. In doing so, we continue to promote stronger and more resilient coastal
communities.
The federation supports the North Carolina Division of Water Resources' proposed rules and
requests that the North Carolina Environmental Management Commission (EMC) adopts the
temporary rules that would reinstate a permit mechanism for unavoidable discharges to
federally non -jurisdictional wetlands and classified surface waters. By passing these rules the
EMC would close the existing permitting gap that has been created after the federal
government's revision of the definition of the waters of the united states for the purposes of
the Clean Water Act (CWA).
While we support the provision to maintain consistency with existing Isolated Wetland and
Waters rules for their familiarity and ease of use during the expedited process for temporary
rules, we do not believe this provision is an appropriate standard for permanent rules. We will
submit more detailed comments on this topic during the permanent rule -making process.
637 Harbor Road, P.O. Box 276
Wanchese, NC 27981
3609 N.C. 24 • Newport, NC 28570
252-393-8185
www.nccoast.org
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North Carolina Coastal Federation
The state has recognized and maintained the importance of wetlands for their ecosystem
services since regulating them in the mid 1990s and authorizing the EMC to establish a
permitting system. The federal CWA also established a 401-water quality certification that the
state relied on after its authority to regulate state wetlands was repealed in 2018. This federal -
state partnership through permitting mechanisms for protecting wetlands in the state has
worked well, striking a balance between protection and development. With the repeal of the
EMC's authority to implement a permitting mechanism for impacts to wetlands jurisdictional to
federal CWA and after the federal government recently changed the law to exclude many
wetlands from the CWA's jurisdiction the state was left with the law protecting the filling of
wetlands but with no state or federal permitting mechanism to allow for unavoidable activities
in wetlands. This has halted many civil works and other projects.
The federation works to protect and restore many acres of coastal wetlands in North Carolina.
Wetlands and their functions are essential for the health of our state's environment and
economy, and a permitting mechanism for the unavoidable activities in the wetlands is
essential to balance natural protection with societal needs.
Thank you for taking our comments under your consideration.
Sincerely,
CIA(Alk(rk—
Ana Zivanovic-Nenadovic