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General Assembly of North Carolina Session 2015 1 Isolated Wetlands and Isolated Waters), the isolated wetlands provisions of Section .1300 shall 2 apply only to a Basin Wetland or Bog and no other wetland types as described in the North 3 Carolina Wetland Assessment User Manual prepared by the North Carolina Wetland 4 Functional Assessment Team, version 4.1 October, 2010, that are not jurisdictional wetlands 5 under the federal Clean Water Act. The isolated wetlands provisions of Section .1300 shall not 6 apply to an isolated man -made ditch or pond constructed for stormwater management purposes, 7 any other man -made isolated pond, or any other type of isolated wetland, and the Department 8 of Environment and Natural Resources shall not regulate such water bodies under Section 9 .1300. 10 SECTION 3.1.(b) The Environmental Management Commission may adopt rules 11 to amend Section .1300 of Subchapter 2H of Chapter 2 of Title 15A of the North Carolina 12 Administrative Code consistent with Section 3.1(a). 13 SECTION 3.1.(c) Section 54 of S.L. 2014 -120 reads as rewritten: 14 "SECTION 54.(a) Until the effective date of the revised permanent rule that the 15 Environmental Management Commission is required to adopt pursuant to Section 54(c) of this 16 act, the Commission and the Department of Environment and Natural Resources shall 17 implement 15A NCAC 02H .1305 (Review of Applications) as provided in Section 54(b) of 18 this act. 19 "SECTION 54.(b) Notwithstanding 15A NCAC 02H.1305 (Review of Applications), all 20 of the following shall apply to the implementation of 15A NCAC 02H.1305: 21 (1) The amount of impacts of isolated wetlands under 15A NCAC 02H 22 .1305(4)(2) shall be less than or equal to one acre of isolated wetlands east 23 of I -95 for the entire project and less than or equal to 1/3 acre of isolated 24 wetlands west of I -95 for the entire project. 25 (2) Mitigation requirements for impacts to isolated wetlands shall only aply to 26 the amount of impact that exceeds the thresholds set out in subdivision (1) of 27 this section. The mitigation ratio for impacts of great— than ene 28 Etefeexceeding the thresholds for the entire project under 15A NCAC 02H 29 .1305(g)(6) shall be 1:1 and may be located on the same parcel. 30 (--3-) " 31 Basin Alert•,r -et: Bog as deset4bed in the Ar,,,-tt, Ca ;,,., Aletia 32 33 Faactiel Assessment Team, zors 01 -4�n ot e2010, that e t �oz 34 35 We ANd" d6cS HE)ti-zifielttde —an isolated man made ite upend eenstmeted 36 37 (4) Impacts to isolated wetlands shall not be combined with the project impacts 38 to 404 jurisdictional wetlands or streams for the purpose of determining 39 when impact thresholds that trigger a mitigation requirement are met. 40 "SECTION 54.(c) The Environmental Management Commission shall adopt rules to 41 amend 15A NCAC 02H.1300 through 15A NCAC 02H.1305 consistent with Section 54(b) of 42 this act. Notwithstanding G.S. 150B- 19(4), the rule adopted by the Commission pursuant to this 43 subsection shall be substantively identical to the provisions of Section 54(b) of this act. Rules 44 adopted pursuant to this subsection are not subject to Part 3 of Article 2A of Chapter 150B of 45 the General Statutes. Rules adopted pursuant to this subsection shall become effective as 46 provided in G.S. 150B- 21.3(bl) as though 10 or more written objections had been received as 47 provided by G.S. 150B- 21.3(b2). 48 "SECTION 54.(d) The Department of Environment and Natural Resources shall study (i) 49 how the term "isolated wetland" has been previously defined in State law and whether the term 50 should be clarified in order to provide greater certainty in identifying isolated wetlands; (ii) the 51 surface area thresholds for the regulation of mountain bog isolated wetlands, including whether H760 [Edition 1 ] Page 3