January 14, 2016 Approval of a Coastal, Piedmont and Mountain Region for Purposes of Regulating Isolated Wetlands Karen Higgins, Division of Water Resources

Wetland Types 404 Wetlands Isolated Wetlands Coastal (CAMA) Wetlands Regulated under Section 404 of the federal Clean Water Act Isolated Wetlands Wetlands not regulated under Section 404 of the Clean Water Act Coastal (CAMA) Wetlands Regulated under the Coastal Area Management Act

Isolated Wetlands

Isolated Wetlands Permitting An Isolated Wetlands Permit (IWP) is required when a proposed project involves impacts to wetlands or waters that the U.S. Army Corps of Engineers determines are not jurisdictional under Section 404 of the CWA Headwater wetland Section 404 or Section 10 waters Isolated Wetland Department of Environmental Quality

How many Isolated Wetland Permits? 211 IWPs issued since 2001 (vs. 18,911 WQCs) 1 6 8 2 7 16 3 5 15 37 14 12 4 10 Department of Environmental Quality

SL 2015-286 Session Law (SL) 2015-286 directs the EMC to establish a Coastal Region Piedmont Region Mountain Region for purposes of regulating impacts to isolated wetlands under 15A NCAC 02H .1305(d)(2) Department of Environmental Quality

How to determine regions?

Selected Reference Daniels, RB, SW Buol, HJ Kleiss, CA Ditzler. 1999. Soil systems in North Carolina. Technical Bulletin 314, Soil Science Department, NC State University Department of Environmental Quality

Soil Systems Map – North Carolina Department of Environmental Quality

Soil Systems Map – North Carolina Department of Environmental Quality

Soil Systems Map – North Carolina Department of Environmental Quality

Site-Specific Evaluations When a landowner believes their property is not in the correct region, they may have a soil scientist conduct a site-specific evaluation to determine the soil series. Soil scientist shall be currently licensed or authorized to practice soil science under G.S. 89F Soil series that occur in NC have been categorized by the Natural Resources Conservation Service of the USDA

Which Counties Are Effected?

Next Steps EMC establishes a Coastal Region, Piedmont Region and Mountain Region DWR will update the General Permit (IWGP100000) Incorporate the Coastal Region, Piedmont Region and Mountain Region Incorporate site-specific evaluation to determine the soil series The regions and site-specific evaluation will be codified into rule during the H74 (SL 2013-413) rule revision process that is currently ongoing

EMC Request DWR requests approval of the Coastal Region, Piedmont Region and Mountain Region, which includes the site-specific evaluation process: “Coastal Region” includes Beaufort, Bertie, Bladen, Brunswick, Camden, Carteret, Chowan, Columbus, Craven, Cumberland, Currituck, Dare, Duplin, Edgecombe, Gates, Greene, Halifax, Harnett, Hertford, Hoke, Hyde, Johnston, Jones, Lee, Lenoir, Martin, Moore, Nash, New Hanover, Northampton, Onslow, Pamlico, Pasquotank, Pender, Perquimans, Pitt, Richmond, Robeson, Sampson, Scotland, Tyrrell, Washington, Wayne, and Wilson Counties. “Piedmont Region” includes Alamance, Alexander, Anson, Burke, Cabarrus, Caldwell, Caswell, Catawba, Chatham, Cleveland, Davidson, Davie, Durham, Forsyth, Franklin, Gaston, Granville, Guilford, Iredell, Lincoln, Mecklenburg, Montgomery, Orange, Person, Polk, Randolph, Rockingham, Rowan, Rutherford, Stanly, Stokes, Surry, Union, Vance, Wake, Warren, Wilkes, and Yadkin Counties. “Mountain Region” includes Alleghany, Ashe, Avery, Buncombe, Cherokee, Clay, Graham, Haywood, Henderson, Jackson, Macon, Madison, McDowell, Mitchell, Swain, Transylvania, Watauga and Yancey Counties.

Questions? Department of Environmental Quality