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N.C. Department of Environment and Natural Resources

NC Department of Environment and Natural Resources
Water Quality - Proposed Consolidated Buffer Mitigation Rules

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Proposed Temporary Rule
Mitigation Program Requirements for the Protection and Maintenance of Riparian Buffers

Public Hearing

August 28, 2014

Archdale Building
Ground Floor Hearing Room
512 N. Salisbury Street
Raleigh, NC 27604

Registration for the hearing starts at 6:30 PM. Hearing will begin at 7:00 PM.

Purpose of Proposed Rulemaking

The purpose of this rulemaking is to adopt Rule 15A NCAC 02B .0295, Mitigation Program Requirements for the Protection and Maintenance of Riparian Buffers, in order to comply with the effective date of a recent act of the General Assembly and to comply with the requirements in G.S. 143-214.20 (Riparian Buffer Protection Program: Alternatives to maintaining riparian buffers; compensatory mitigation fees).

Section 2 of SL 2014-95 states that the Environmental Management Commission (EMC) shall adopt a Buffer Mitigation Rule no later than October 1, 2014. It further states that the rule adopted pursuant to Section 2 shall be substantively identical to the recommended rule text contained in the April 10, 2014 Consolidated Buffer Mitigation Rule Stakeholder Report.

Documents

How to Submit Comments

Comments shall be directed to:

  Eric Kulz
  DWR/401 & Buffer Permitting Unit 
  1617 Mail Service Center
  Raleigh, NC 27699-1617
  email: eric.kulz@ncdenr.gov (please note “Buffer Mitigation Rule” in the subject line)

All written comments must be received by 5:00 PM on September 12, 2014 in order to be considered.

Previous Rulemaking

The EMC began rulemaking in September 2009 and adopted Rule 15A NCAC 02B .0295 on May 9, 2013. On July 18, 2013, the Rules Review Commission (RRC) approved the Rule, however more than ten letters of objection were received and the Rule was sent to the General Assembly. Section 1 of SL 2014-95 disapproved the rule adopted by the EMC.

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