North Carolina Forest Practices Guidelines, 15
NCAC 1I.0201-.0209
The 1989 North Carolina legislature amended the Sedimentation Pollution
Control Act. The amendment maintains the forestry exemption but only on the
condition that site-disturbing forestry activities be conducted in accordance
with Forest Practices Guidelines (15 NCAC 1I.0101 - .0209). These guidelines
have been developed by a team of forestry and sedimentation experts, reviewed at
public hearings, and approved by the Secretary of Environment, Health, and
Natural Resources. The amendment became effective January 1, 1990.
Forest Practices Guidelines
According to the Forest Practices Guidelines, nine performance standards must
be met to maintain the forestry exemption. Of the nine standards, six are
existing laws that have been incorporated into the guidelines. The standards are
set forth in the following sections, with notation of the six existing laws.
.0201 Streamside Management Zone.
(a) A streamside management zone (SMZ) shall be established and maintained
along the margins of intermittent and perennial streams and perennial
waterbodies. The SMZ shall be of sufficient width to confine within the SMZ
visible sediment resulting from accelerated erosion.
(b) Ground cover, or other means, within the SMZ shall be sufficient to
restrain accelerated erosion.
(c) Access roads and skid trails (except as provided in .0203 of this
subchapter), logging decks, and mill sites shall be placed outside of SMZs. When
barriers such as property lines or limiting land features prohibit the location
of any of these outside of SMZs, they can be located within the SMZs. When
located within the SMZs, they shall have effective erosion control and sediment
control structures or measures installed to restrain accelerated erosion and
prevent visible sediment from entering intermittent or perennial streams or
perennial waterbodies.
.0202 Prohibition of Debris Entering Streams and Waterbodies.
Stream obstruction and the impediment of stream flow or degradation of water
quality shall be prevented by keeping debris from construction, harvesting, mill
site residue, and site preparation out of intermittent and perennial streams and
perennial waterbodies.
[Note: This law has existed since 1975.]
.0203 Access Road and Skid Trail Stream Crossings.
Stream crossings shall be avoided when possible. Access roads and skid trails
that must cross intermittent or perennial streams or perennial waterbodies shall
be constructed so as to minimize the amount of sediment that enters the streams
from the construction. These crossings shall be installed so that:
stream flow will not be obstructed or impeded;
no stream channel or perennial waterbody shall be used as an access road or
skid trail;
crossings are provided with effective structures or ground cover to protect
the banks and channel from accelerated erosion;
they shall have sufficient water control devices to collect and divert
surface flow from the access road or skid trail into undisturbed areas or other
control structures to restrain accelerated erosion and prevent visible sediment
from entering intermittent and perennial streams;
ground cover, or other means, sufficient to prevent visible sediment from
entering intermittent and perennial streams and perennial waterbodies shall be
provided within 10 working days of the initial disturbance and will be
maintained until the site is permanently stabilized.
.0204 Access Road Entrances.
Access road entrances intersecting public highways shall be constructed and
maintained with measures, devices, or techniques effective to prevent excessive
soil and other debris from being carried to and deposited on the highway to the
extent that sedimentation problems will result.
[Note: This law has existed since 1978.]
.0205 Prohibition of Waste Entering Streams, Waterbodies, and Groundwater.
Measures shall be taken to prevent equipment servicing waste, petroleum,
fertilizers, or other chemical waste from entering streams, perennial
waterbodies, and groundwater so as not to contravene water quality standards as
adopted by the Environmental Management Commission in Sections 15 NCAC 2B
.0200-Classifications and Water Quality Standards Applicable to Surface Waters
of North Carolina, and 15 NCAC 2L .0200 -Classifications and Water Quality
Standards (related to groundwater).
[Note: This law has existed since 1976.]
.0206 Pesticide Application.
Application of pesticides shall be limited to those labeled for that intended
use and shall be used in accordance with labeling and rules adopted by the North
Carolina Pesticide Board as set forth in 2 NCAC 9L .1005-Restricted Areas-and
applied in a manner to prevent adverse impacts on water quality.
[Note: This law has existed since 1976.]
.0207 Fertilizer Application.
When used, fertilizers shall be applied in a manner to prevent adverse
impacts on water quality.
[Note: This law has existed since 1976.]
.0208 Stream Temperature.
Adequate shade within SMZs associated with natural perennial streams shall be
retained to protect those streams from adverse temperature fluctuations, which
result in a violation of an adopted water quality standard of the Environmental
Management Commission as contained in rule 15 NCAC 2B .0211-Fresh Surface Water
Classifications and Standards.
[Note: This law has existed since 1976.]
.0209 Rehabilitation of Project Site.
Areas on the project site that have the potential for accelerated erosion,
resulting in concentrated flow directly entering an intermittent or perennial
stream or perennial waterbody, shall be provided with ground cover or other
means of adequate sedimentation control within 30 working days after ceasing any
phase of an operation or beginning a period of inactivity. Treatment and
maintenance of those areas shall be sufficient to restrain accelerated erosion
and prevent visible sediment from entering intermittent and perennial streams
and perennial waterbodies until the site is permanently stabilized.
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