PN_2021_09_22_Perm.1400Rules

September 22, 2021

TO: DEQ-DWR-Wetlands-Public Listserv

FROM: Jeff Poupart, N.C. Division of Water Resources, Water Quality Permitting Section

RE: Public Hearing for Permanent Rules 15A NCAC 02H .1301 (Revision) and 15A NCAC
02H .1400 (.1401 through .1405)

The purpose of this Public Notice is outlined below. This notice is available electronically at
http://deq.nc.gov/about/divisions/water-resources/water-resources-permits/wastewater-branch/401-
wetlands-buffer-permits/401-public-notices.

I. Public Notice and Notice of a Public Hearing on November 4, 2021 for Permanent Rules 15A NCAC
02H .1301 (Revision) and 15A NCAC 02H .1400 (.1401 through .1405)

PUBLIC NOTICE is hereby given that, on September 9, 2021, the North Carolina Environmental
Management Commission approved the Division of Water Resources (DWR) to initiate rulemaking
for Permanent Rules 15A NCAC 02H .1301 (Revision) and 15A NCAC 02H .1400 (.1401
through .1405).

Background: On April 21, 2020, the U.S. Environmental Protection Agency (EPA) and the Department
of the Army published the Navigable Waters Protection Rule in the Federal Register to finalize a
revised definition of “waters of the United States” under the Clean Water Act (“Federal Rule”). The
new Federal Rule became effective on June 22, 2020. As a result of the new Federal Rule, a subset
of wetlands classified under North Carolina State law are no longer subject to federal Clean Water
Act jurisdiction. These classified wetlands remain protected by 15A NCAC 02B .0231 - Wetland
Standards, but, as a result of the new Federal Rule, there is no permitting mechanism available to
authorize impacts to these wetlands. To provide a regulatory mechanism to authorize impacts to
wetlands that are no longer federally jurisdictional and to provide regulatory certainty, DWR
adopted temporary rules and initiated permanent rulemaking.

The public is hereby notified that DWR will hold a public hearing at 6 p.m. on Thursday, November
4, 2021 via an online WebEx meeting event detailed below. Sign-in will begin at 5:45 p.m. The
purpose of this public hearing is to allow interested persons to submit oral comments regarding the
DWR’s proposed Permanent Rules 15A NCAC 02H .1301 (Revision) and 15A NCAC 02H .1400 (.1401
through .1405).

Register to attend and/or speak at this hearing using the following registration form. This form will
be active until noon on November 4, 2021.

Registration form: Link to Registration Form: https://forms.office.com/g/FhPHLB99a8
QR Code for Registration Form:

WebEx event address for attendees:
https://ncdenrits.webex.com/ncdenrits/onstage/g.php?MTID=e654c6f5c2c373a09e7107df42864e5
46

Event number: 2425 226 6629 Event password: X2p8DPmSf8p
Audio conference: To receive a call back, provide your phone number when you join the event, or call
the number below and enter the access code.
[phone], Access code: 2425 226 6629

The public is also invited to comment in writing on the application. Written comments must be
received by DWR no later than 5:00 p.m. on December 1, 2021. Please email written comments to
[e-mail]. Please include “Wetland Rules” in the email’s subject line.
Comments may also be submitted in writing to: Sue Homewood, Division of Water Resources, 450
W. Hanes Mill Rd, Winston Salem NC 27107.

The proposed permanent rules and supporting documents are available on DWR’s website:
https://deq.nc.gov/about/divisions/water-resources/water-resources-regulations-guidance/401-
buffer-permitting-statutes

The permanent rules and supporting documents are also available at the DWR Central Office,
located at 512 N. Salisbury St., 9th Floor, Raleigh, NC 26704, and may be inspected with an
appointment between 8 am and 5 pm, Monday through Friday, excluding state holidays. For
questions or to schedule an appointment, contact Paul Wojoski at [e-mail] . File
materials may not be removed from any DWR office; copy machines are available for use upon
payment of the cost thereof to DWR pursuant to G.S. 132-6.2.