Water Quality Committee July 10, 2019 Adriene Weaver, DWR

1. Water Quality Committee July 10, 2019 Adriene Weaver, DWR Request to Proceed to the Environmental Management Commission (EMC) for Public Notice on Proposed Reclassification of the Sandy Bottom Wetlands in Buncombe County (French Broad River Basin) from Class WL to Class WL UWL

2. Presentation Summary • EMC Unique Wetlands (UWL) Definition • North Carolina’s Unique Wetlands • History of Petition Process for Rulemaking for Proposed UWL Reclassification of the Sandy Bottom wetlands • Sandy Bottom Site Description, Map of Wetland locations, Species Photos, • Proposed rule amendment • Regulatory requirements for UWLs • Regulations and restrictions to reduce impact of the UWL classification on landowners and federal and local projects • Regulatory Impact Analysis findings • Potential Rule making Schedule • DWR Request for the Sandy Bottom Wetlands UWL reclassification proposal

3. What are Unique Wetlands? 15A NCAC 2B .0101 (e)(7) : wetlands of exceptional state or national ecological significance, which require special protection to maintain existing uses. These wetlands may include wetlands that have been documented to the satisfaction of the Commission as habitat essential for the conservation of state or federally listed threatened or endangered species.

4. Department of Environmental Quality

5. Petition History • Nov. 2018 – DWR received Petition for Rulemaking to add UWL to Sandy Bottom Wetlands from Petitioners ( Mountain True, Defenders of Wildlife, and the North Carolina Wildlife Federation) • Dec. 2019 – WQC and EMC reviewed petition • Jan. 2019 – DWR staff recommended that the WQC recommend the EMC, to proceed with the Petition for Rulemaking to add the UWL classification to the Sandy Bottom Wetlands in the French Broad River Basin in Buncombe Co. NC, WQC approved of this recommendation. • March 2019 – Received letters of support from landowners • May 2019 – EMC granted the Rulemaking Petition and decided to initiate rulemaking process

6. Sandy Bottom Site

7. Sandy Bottom Wetlands, French Broad River Basin, Buncombe Co.

8. SANDY BOTTOM WETLANDS Forest wetland slough conditions Semi-open wetland slough conditions Photos: Kevin Caldwell, Mountain to Sea Ecological

9. SANDY BOTTOM WETLANDS Open shrub-bog wetland conditions Forest wetland slough conditions Photos: Kevin Caldwell, Mountain to Sea Ecological

10. SANDY BOTTOM WETLANDS Lax Manna Grass Photos: Southeastern Florida_062217_494

11. Photos: Bog Turtle (Sue Cameron, USFWS), Mole Salamander (NC Natural Heritage Program) & Four-Toed Salamander (Alvin Braswell)

12. Proposed Rule Change 15A NCAC 02B .0304(x) -The French Broad River Basin Classification Schedule was amended effective [DATE] with the reclassification of the Sandy Bottom Wetlands adjacent to the French Broad River [Index No. 6-(54.75)] and Orton Branch [Index No. 6-(66)] from Class WL to Class WL UWL as defined in 15A NCAC 02B .0101. The North Carolina Division of Water Resources maintains a Geographic Information Systems data layer of the UWL.

13. Regulatory Requirements for Unique Wetlands • 15A NCAC 02B .0231 Wetland Standards(identifies wetland uses/services to be protected & the standards to maintain/enhance wetland uses/services) • 15A NCAC 02H .0506 Review of Applications(procedures for certifying activities)

14. Regulations/Legal Limitations(alleviate the impact of proposed rule amendment) • Deed restrictions • Section 401 of the federal CWA (33 U.S.C. 1341) • Section 404 of the federal CWA (33 U. S. C. 1344) • Buncombe County Flood Damage Prevention Ordinance

15. Regulatory Impact Analysis: Cost and Benefit • Cost to DEQ: $400 to update map • Property owners likely unaffected because of deed restrictions, existing federal, state, county wetlands regulations • Minimal impact on NCDOT highway project since public project • Benefit to the environment from increased awareness of the site’s unique value

16. Potential Rulemaking Schedule with Public Hearing July 10 2019 WQC vote on proceeding to the EMC with a recommendation for public notice of a proposed amendment to 15A NCAC 02B .0304 for the reclassification of the Sandy Bottom wetlands to Class UWL September 12 2019 EMC vote on publishing Notice of Text (N.O.T) of proposed draft rule in the North Carolina Register Oct 15 2019 N.O.T published in NC Register (Volume 43, Issue 08) Dec 9-13 2019 Public Hearing Oct 15 - Dec 18 2019 Public Comment Period December/2019-January 2020 DWR review public comments & Prepare Hearing Officer Report of Proceedings on Proposed Reclassification of Sandy Bottom Wetlands March 2020 EMC vote on Hearing Officer Report of Proceedings on Proposed Reclassification of Sandy Bottom Wetlands April 2020 Submit proposed draft rule for Sandy Bottom Wetlands to Rules Review Commission for approval < 10 letters of objection = proposed draft rule becomes effective OR > 10 letters of objection = proposed draft rule goes to Legislative Session

17. DWR’s Request for the WQC Request that the WQC approve to proceed to the EMC with a recommendation for Public Notice of a proposed amendment to 15A NCAC 02B .0304 (French Broad River Basin) for the reclassification of the Sandy Bottom wetlands from Class WL to Class WL UWL

18. Questions? Adriene Weaver, Environmental Senior SpecialistNorth Carolina Department of Environmental Quality Division of Water Resources(919) 707-3692