15A NCAC 1C .0505 has been adopted in a temporary action as follows:

.0505  NON-MAJOR HURRICANE RELIEF ACTIVITY
The following minimum criteria are established as indicators of thresholds for activities undertaken in response to "The Hurricane Floyd Recovery Act of 1999" for which environmental documentation under the North Carolina Environmental Policy Act (NCEPA) is required.  Activities which are below these thresholds are sufficiently controlled by existing statutory and regulatory framework so that no additional environmental documentation under NCEPA is required.  As set forth in Rule .0503 of this Section, the Secretary may require environmental documentation for activities that would otherwise qualify under these minimum criteria thresholds.  These Hurricane Floyd Recovery Act minimum criteria apply to activities that are funded with public monies from the Hurricane Floyd Reserve Fund and that are conducted in response to the damage wrought by the hurricanes which occurred in North Carolina in September and October of 1999.  Except as referenced in this Rule, these Hurricane Floyd Recovery Act minimum criteria temporarily replace the minimum criteria in Rule .0504 of this Section.  Activities and buildings including the following require documentation under NCEPA:

(1)  Structures located in the 100-year floodplain that are not raised above the 100-year flood plain building elevation for the site as recommended by FEMA or as required by local ordinance, whichever is more stringent.

(2)  "Subdivisions," as defined in G.S. §§ 153A-335 and 160A-376, not served by an approved septic or other waste disposal system.

(3)  "Subdivisions," as defined in G.S. §§ 153A-335 and 160A-376, without 20% open space included in the development plan or without a 50-foot or greater vegetated buffer along perennial and intermittent streams as indicated on the most current version of the 1:24,000 scale 17.5 minute quadrangle United States Geological Survey topographic map or the county soil survey map prepared by the Natural Resources Conservation Service of the United States Department of Agriculture.

(4)  Expansion of wastewater treatment systems or potable water systems in excess of the capacity required to serve replacement dwellings, replacement commercial structures, and replacement industrial facilities for Hurricane Floyd recovery  and in excess of the activities identified in Rule .0504(3)(a), (b) of this Section.

(5)  Filling or otherwise altering wetlands except in the replacement of single family dwellings when the entire tract of land is wetland and wetland fill is less than 1/3 acre and the building site is located so as to have the least negative impact foreseeable on the wetland.

(6)  Groundwater withdrawals in excess of those described in Rule .0504(3)(c) of this Section.

(7)  Land disturbing activities covering an area greater than five acres that require a sediment and erosion control plan and are located within a High Quality Waters Zone or an Outstanding Resource Waters Zone.

(8)  Reforestation of woodlands not in accordance with the National Forest Service or the Division of N.C. of Forest Resources woodlands management plans.

(9)  Use of forestry best management practices not consistent with the performance standards in Forest Practice Guidelines Related to Water Quality codified as 15A NCAC 1I.

(10)  Removal of logs, stumps, trees, and other debris from stream channels in excess of those activities described in Rule .0503(3)(m) of this Section.

(11)  Drainage projects where the mean seasonal water table elevation will be lowered more than one foot over an area of one square mile or more, and riparian and wetland areas will be permanently effected.

(12)  Development activities within Areas of Environmental Concern of the 20-county coastal area which require a CAMA Major or Minor Permit and are listed in Rule .0504(f) of this Section.

(13)  Rebuilding in the 100-year floodplain of any component of a liquid animal waste management system for which a permit is required under Part 1 or Part 1A of Article 21 of Chapter 143 of the General Statutes, other than a land application site, when the total animal waste management system was damaged more than 50% of the total cost of new construction.

(14)  Structures 50 years or older for which no separate law, rule or regulation dictates a formal review and approval process and for which detailed location maps have not been provided by the applicant to the North Carolina Department of Cultural Resources for action by the State's Historic Preservation Officer.

  Temporary Adoption Eff. February 4, 2000 to expire on January 1, 2003.