Agenda - 11-23-2015 - Item E.1 - Abstract - Session Law Effects

Browse Search

128 notifies the applicant or permittee of its decision. If the permit ag'�'eant, pefalitte°,Of d+44 paft-yqpplicant or permittee does not file a petition within the required time, the Commission's decision on the application is final and is not subject to review. The filing of a petition a petition under this subsection will stay the Commission's decision until resolution of the contested case. el A person other than a permit aplicant or permittee who is a person aggrieved by the Commission's decision on a permit aplication may commence a contested case by filing a petition under G.S. 150B-23 within 30 days after the Commission provides notice of its decision on a permit aplication, as provided in G.S. 15013-23(f), or by posting the decision on a publicly available Web site. The filing of a petition under this subsection does not stay the Commission's decision except as ordered by the administrative law judge under G.S. 15013-33(b). SECTION 4.17.(b) The Department of Environment and Natural Resources shall study whether the amendments to G.S. 143-215.108, as enacted by Section 4.17(a) of this act, should be expanded into other programs administered by the Department. The Department shall specifically consider whether these changes should be made to the water and solid waste permitting programs. No later than March 1, 2016, the Department shall report the results of this study, including any recommendations, to the Environmental Review Commission. AMEND ISOLATED WETLANDS LAW SECTION 4.18.(a) For the purposes of implementing Section .1300 of Subchapter 2H of Chapter 2 of Title 15A of the North Carolina Administrative Code (Discharges to Isolated Wetlands and Isolated Waters), the isolated wetlands provisions of Section .1300 shall apply only to Basin Wetlands and Bogs and no other wetland types as described in the North Carolina Wetland Assessment User Manual prepared by the North Carolina Wetland Functional Assessment Team, version 4.1 October 2010 that are not jurisdictional wetlands under the federal Clean Water Act. The isolated wetlands provisions of Section .1300 shall not apply to an isolated man-made ditch or pond constructed for stormwater management purposes or any other man-made isolated pond. SECTION 4.18.(b) The Environmental Management Commission may adopt rules to amend Section .1300 of Subchapter 2H of Chapter 2 of Title 15A of the North Carolina Administrative Code consistent with subsection (a) of this section. SECTION 4.18.(c) Section 54 of S.L. 2014-120 reads as rewritten: "SECTION 54.(a) Until the effective date of the revised permanent rule that the Environmental Management Commission is required to adopt pursuant to Section 54(c) of this act, the Commission and the Department of Environment and Natural Resources shall implement 15A NCAC 02H .1305 (Review of Applications) as provided in Section 54(b) of this act. "SECTION 54.(b) Notwithstanding 15A NCAC 02H .1305 (Review of Applications), all of the following shall apply to the implementation of 15A NCAC 02H .1305: (1) The amount of impacts of isolated wetlands under 15A NCAC 02H .1305(4)(2) shall be less than or equal to one acre of isolated wetlands east of I-95 for the entire project and less than or equal to 1/3 acre of isolated wetlands west of I-95 for the entire project. (2) Mitigation requirements for impacts to isolated wetlands shall only aply to the amount of impact that exceeds the threshold set out in subdivision (1) of this section. The mitigation ratio for impacts of great er than ene a ere exceeding the threshold for the entire project under 15A NCAC 02H .1305(g)(6) shall be 1:1 and may be located on the same parcel. (3) Fet: pttt=peses of Section 54(b) of this seetienr :rolat€d v�,eaaism€-afis--a Basin Alet1•,cRCnn-vim leg as deset4be t in the AT,,Al, cat:6lifia Aletia Assessment Usef Maattal pt:epat:ed by the ATe.-tb, caivlifia We ril}Ctloi"1 Assessment re `er�9i -� .4 Oetebo2010, that t jtti4sdietional vP,eticrcards ttade fee azlciea-H Watet: Aet. An ""isvi- tea ,v�,e " d6esfiet ifielttde—an isolated a diteh et: pend eefistpdeted Impacts to isolated wetlands shall not be combined with the project impacts to 404 jurisdictional wetlands or streams for the purpose of determining when impact thresholds that trigger a mitigation requirement are met. Page 54 Session Law 2015-286 House Bill 765-Ratified