Vulcan_20210412

Homewood, Sue
From: Johnson Jr, Tony <[e-mail]>
Sent: Monday, April 12, 2021 4:46 PM
To: SVC_DENR.publiccomments
Subject: [External] Wetlands Rule
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Ms. Sue Homewood:
Vulcan Materials Company (VMC) appreciates the opportunity to submit comments concerning
the Temporary Rules for 15A NCAC 02H .1301 and 02H .1400-.1405.
VMC 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.
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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.
VMC 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,
Tony Johnson
Environmental Engineer
Vulcan Materials Company
11020 David Taylor Drive, Suite 400
Charlotte, NC 28262
Office 704-547-7076
Cell 571-422-6401
Fax [phone]
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