State targeting illegal wetlands draining
RALEIGH -- Efforts are under way to identify possible violators of North Carolina's wetlands draining policy and appropriate enforcement action will be taken, state regulators told the Environmental Management Commission today.
A multi-agency approach is being used to assess the damage from thousands of acres recently being ditched and drained, said Bill Holman, assistant secretary for environmental protection for Department of Environment and Natural Resources.
The divisions of Water Quality, Land Resources and others are working together to implement the policy, which becomes effective March 1. Violators face fines of up to $10,000 per day and possible court injunctions.
An estimated 6,500 wetland acres have been lost since June 1998, when a federal court ruled that the U.S. Army Corps of Engineers could no longer require permits for wetland ditching unless dirt spoil was deposited directly into wetlands.
John Dorney, supervisor of the Division of Water Quality's wetlands program, said that regulators have been taking aerial reconnaissance flights over the past several months to assess the destruction. Most of the wetlands draining has been occurring in southeastern counties, especially in Brunswick, Pender and New Hanover counties.
"Development activities are driving this rush to destroy these wetland habitats, many of which are close to primary fish nurseries and shellfish areas," said Dorney, shortly after the commission meeting. "This short term boom for development could really cause some serious long term environmental problems. Wetlands are critical to protecting water quality and fish habitat."
DWQ will also employ satellite imagery to identify potential sites where illegal draining has occurred. "The public will also be key to help us find these ditching sites," Dorney said. "We expect to get quite a few calls once the policy goes into effect, and we encourage folks to report possible wetlands violations."
When the Department of Environment and Natural Resources finds potential violators, it will notify landowners in writing that this activity "has or is likely to violate the state's wetlands standards," according to the policy. "If these findings are not successfully refuted, the Division of Water Quality will initiate an enforcement action and require that the natural hydrology be restored."
Prior to the June federal court decision, both DENR and the Corps of Engineers had required permitting for these activities. The court decision effectively removed regulatory review of wetlands draining. Last December, the Corps of Engineers and the U.S. Environmental Protection Agency decided not to appeal the court ruling.
Holman told the Environmental Management Commission that the department would provide an update in March on the extent of wetlands draining in North Carolina and progress on policy implementation and enforcement. He added that North Carolina is one of just a few states that has a wetlands permitting and enforcement program that is stronger than the federal government's.
To report possible wetlands violations, the public is urged to contact the appropriate regional office of DENR. Contacts for the two coastal regional offices are as follows: 3
Washington, (252) 946-6481; and Wilmington, (910) 395-3900.
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Date released: 02/11/99
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