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401 & Buffer Permitting Unit
Proposed Permanent Rule
March 12, 2015
Registration for the hearing starts at 5:30 PM. Hearing will begin at 6:00 PM.
The purpose of this rulemaking is to amend Temporary Rule 15A NCAC 02B .0295, Mitigation Program Requirements for the Protection and Maintenance of Riparian Buffers for permanent adoption, and in order to comply with the requirements in G.S. 143-214.20 (Riparian Buffer Protection Program: Alternatives to maintaining riparian buffers; compensatory mitigation fees).
In accordance with SL 2014-95, the Environmental Management Commission (EMC) adopted Temporary Rule 15A NCAC 02B .0295 on September 30, 2014; that rule became effective October 24, 2014. Per GS 150B-21.1 the Temporary Rule shall expire within 270 days unless a permanent rule has been submitted to the Rules Review Commission (RRC).
In order to assist with review by interested parties, the Division has provided multiple versions of the Draft Permanent Rule. Version 1 is the adopted Temporary Rule with changes to the text indicated by strikethroughs and underlines. Version 2 is Version 1 reorganized as proposed by the Division, however reorganizational changes are not indicated with strikethroughs and underlines. Version 3 is the draft permanent rule as filed in the Public Register which includes structural/ reorganizational changes.
Comments shall be directed to:
DWR - Winston Salem Regional Office
450 W Hanes Mill Rd, Suite 300
Winston Salem, NC 27105
email: firstname.lastname@example.org (please note “Buffer Mitigation Rule” in the subject line)
All written comments must be received by 5:00 PM on April 17, 2015 in order to be considered.
The EMC began rulemaking in September 2009 and adopted Rule 15A NCAC 02B .0295 on May 9, 2013. On July 18, 2013, the 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. In accordance with SL 2014-95, the EMC adopted Temporary Rule 15A NCAC 02B .0295 on September 30, 2014; that rule became effective October 24, 2014.