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401 & Buffer Permitting Unit
Proposed Temporary Rule
August 28, 2014
Registration for the hearing starts at 6:30 PM. Hearing will begin at 7:00 PM.
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.
Comments shall be directed to:
DWR/401 & Buffer Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
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 September 12, 2014 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 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.