15A NCAC 01C .0408. MINOR CONSTRUCTION ACTIVITIES

This Rule sets out the general and specific minimum criteria for construction activities.  Construction and land disturbing activities must fall under both the general minimum criteria and any specific minimum criteria applicable to the project.

(1)           General criteria. The following categories of land disturbing activity do not require preparation of an environmental document.

(a)           In the 20 coastal counties, land disturbing activity that:

(i)            is located more than 575 feet away from waters classified as High Quality Waters (HQW) or impacts less than five acres located all or in part within 575 feet of waters classified as High Quality Waters (HQW);

(ii)           is located outside of any Outstanding Resource Waters (ORW) watershed or area that requires specific management actions to protect ORW waters as defined in 15A NCAC 02B .0225; and

(iii)          impacts less than five acres located in any Outstanding Resource Waters (ORW) watershed or in any area that requires specific management actions to protect ORW waters as defined in 15A NCAC 02B .0225.

(b)           Land disturbing activity outside the twenty coastal counties that:

(i)            is located more than one mile from waters classified as HQW or impacts less than five acres located within one mile of and draining to waters classified as HQW;

(ii)           is located outside of any Outstanding Resource Waters (ORW) watershed or area that requires specific management actions to protect ORW waters as defined in 15A NCAC 02B .0225;

(iii)          impacts less than five acres located in any Outstanding Resource Waters (ORW) watershed or in any area that requires specific management actions to protect ORW waters as defined in 15A NCAC 02B .0225; and

(iv)          is located more than 25 feet from any waters classified as Trout (Tr) waters or impacts less than five acres located all or in part within 25 feet of any waters classified as Trout (Tr) waters.

(c)           Channel disturbance and land disturbing activities associated with non-compensatory stream restoration or stream enhancement.

(d)           Land disturbing activities impacting wetlands if the activity will result in the loss of one acre or less of Class WL wetlands.

(e)           Land disturbing activities impacting streams if the activity will result in channel disturbance of less than 500 linear feet of perennial streams. Land disturbing activities that impact 500 linear feet or more of perennial streams do not require preparation of an environmental document if stream restoration or stream enhancement is performed.

(2)           Specific Criteria.  Construction or expansion activities listed below require an environmental document if they exceed either the minimum criteria set out in Item (1) of this Rule or the thresholds established below.

(a)           The following activities related to wastewater treatment systems.

(i)            Relocation of discharge points within the same river basin;

(ii)           New discharge facilities with a proposed permitted expansion of less than 500,000 gallons per day and producing an instream waste concentration of less than 33 percent during the 7-day 10-year low flow conditions;

(iii)          Expansion of an existing discharge facility of less than 500,000 gallons per day additional flow;

(iv)          New surface irrigation, high rate infiltration, or subsurface waste water systems with a proposed permitted capacity not exceeding 100,000 gallons per day;

(v)           Reclaimed water utilization systems with reclaimed water utilization being the sole disposal option with a proposed permitted capacity not exceeding 200,000 gallons per day;

(vi)          New reclaimed water utilization sites with a proposed permitted capacity not to exceed 500,000 gallons per day when the reclaimed water utilization system is required for compliance with any other wastewater disposal permit;

(vii)         New reclaimed water utilization sites with a proposed permitted capacity not to exceed 1,000,000 gallons per day when the reclaimed water utilization system is not required for compliance with any other wastewater disposal permit;

(viii)        New reclaimed water utilization distribution lines;

(ix)          New permits or modification to existing permits for land application of residuals utilization, where less than 10 acres not previously permitted is prior converted within three years or will be converted from a non-plantation forested area to application area;

(x)           New or expanding surface disposal sites disposing less than 3000 dry tons of residuals per year;

(xi)          Gravity sewer extensions with less than three miles of new lines or lines of less than 18 inches in diameter; and

(xii)         New or expanding individual pump stations and associated force mains with a proposed permitted capacity of less than 1750 gallons per minute.

(b)           The following activities related to potable water systems.

(i)            Improvements to water treatment plants that involve less than 1,000,000 gallons per day added capacity and total design withdrawal less than one-fifth of the 7-day, 10-year low flow of the contributing stream;

(ii)           Improvements not intended to add capacity to the facility;

(iii)          Installation of appurtenances in existing rights-of-way for streets or utilities, or water lines and appurtenances less than five miles in length and having only directional bore stream crossings or no stream crossings; and

(iv)          Construction of water tanks, or booster pumping or secondary or remote disinfection stations.

(c)           Groundwater withdrawals of less than 1,000,000 gallons per day where such withdrawals are not expected to cause alterations in established land use patterns, or degradation of groundwater or surface water quality.

(d)           The following activities related to solid waste disposal:

(i)            Construction of solid waste management facilities, other than landfills exempt pursuant to G.S. 130A-294 (a)(4), which store, treat, process incinerate, or dispose of less than 350 tons per day (averaged over one year) of solid waste; and

(ii)           Disposal of solid waste by land application on 100 total acres or less, where less than 10 percent of the total land application area is converted from a non-plantation forested area.

(e)           Development requiring a Coastal Area Management Act (CAMA) permit or State Dredge and Fill Law permit that does not involve:

(i)            Construction of a new marina, or a 25% or greater expansion in the number of slips at existing and operating marinas;

(ii)           Excavation of a new navigation channel.  Maintenance activities associated with maintaining the traditional and established use of a channel and new excavation activities located entirely within 100 feet of the shoreline, or within 50 feet from the waterward edge of any existing or authorized docking facility and involving the excavation of less than 5,000 square feet of public trust bottom do not constitute excavation of a new navigation channel for purposes of these rules.

(iii)          Excavation of materials from aquatic environments for use for beach nourishment or other purposes not directly related to approved navigation projects;

(iv)          A large scale beach nourishment or spoil deposition project.  A project shall be considered large scale when it places more than a total volume of 200,000 cubic yards of sand at an average ratio of more than 50 cubic yards of sand per linear foot of shoreline;

(v)           The salvaging of cut logs from public trust waters for commercial use, unless the salvage operation complies with any departmentally-approved best management practices developed for such activities;

(vi)          The construction over state owned submerged lands of private bridges to privately owned islands, unless the length of the bridge is less than 50 feet; and

(vii)         The excavation, dredging or other hydrodynamic manipulation of an inlet, inlet channel(s) or inlet shoal(s) for non-navigational purposes.

(f)            Construction of a minor source or modification of a minor source of air emissions as defined in 15A NCAC 02D .0530, that are less than 100 tons per year or 250 tons per year as defined therein.

(g)           Construction relating to the reclamation of underground storage tanks and restoration of groundwater quality.

(h)           The construction, repair or removal of dams less than 25 feet in height and having less than 50 acre-feet of effective storage capacity.

(i)            Any new construction for a building which involves all of the following;

(i)            A footprint of less than 10,000 square feet;

(ii)           A location that is not a National Register Archaeological site; and

(iii)          The building's purpose is not for storage of hazardous waste.

(j)            Demolition of or additions, rehabilitation or renovations to a structure not listed in the National Register of Historic places or less than 50 years of age.

(k)           Routine grounds construction and landscaping of sidewalks, trails, walls, gates and related facilities, including outdoor exhibits.

(l)            Installation of on-farm Best Management Practices that meet the standards of the North Carolina Soil and Water Conservation Commission and the federal Natural Resources Conservation Service.

(m)          Construction or remodeling of swimming pools.

(n)           Construction of a new two-lane road in accordance with DOT accepted design practices and DOT standards and specifications involving less than a total of 25 cumulative acres of ground surface limited to a single project, and not contiguous to any other project making use of this provision.

(o)           Expansion of a two-lane road in accordance with DOT accepted design practices and DOT standards and specifications involving less than a total of 10 cumulative acres of ground surface limited to a single project, and not contiguous to any other project making use of this provision.

 

History Note:        Authority G.S. 113A‑4; 113A‑6; 113A‑9; 113A‑10; 113A-11; 113A-12; 143B‑10;

Eff. April 1, 2003.