In 2000 the Environmental Management Commission (EMC) adopted a temporary rule affecting forestry and agriculture. The rule essentially mirrored the existing federal 404(f)(1) permitting exemptions for established, ongoing forestry operations in jurisdictional wetlands. At the same time the rule was published, public comment was requested by the Department on the issue of notification. The NCFA, along with numerous members, supported the temporary rule and opposed any notification requirement.

The Department (specifically the Division of Water Quality) and the environmental groups continue to push for some type of notification requirement. It appears that the Department presented 3 options to the Environmental Management Commission in July 2000:

Option 1 - status quo (no notification)

Option 2 - would be 2 weeks prior notification of any ditching activity.

Option 3 would be prior notification of any wetland activity.

The Division of Water Quality proposed the following addition to the existing temporary rule:

(c) Written notification shall be filed with the Division on a form supplied by the Division for all projects which are allowed under Subparagraphs (a) (1) through (6) of this Rule and which involve construction of new ditches in wetlands or waters. Notification shall be received by the Division at least 14 days before the ditch is constructed, and shall include the landowner's name, a map showing the location of the project, the area of the wetland impact and a verification by the landowner that Best Management Practices as outlined in Paragraph (a) of this Rule will be used.

Final Environmental Management Commission (EMC) Action on Proposed Rule:
On July 14, 2000 the EMC voted 9-7 to remove all notification requirements in the proposed rule and to adopt the current temporary rule with some minor modifications.

"We are very pleased with the vote," said N.C. Forestry Association Executive Vice President Bob Slocum. " Common sense and the facts proved more persuasive than the misinformation and distortions presented by the N.C. Department of Environment and Natural Resources (DENR) staff and preservation groups. This decision will allow private landowners to continue to manage their forests for the many benefits that we all value, including wetland functions. If DENR is concerned with the minor drainage activities that occur in some areas, we offer to work with them and the N.C. Division of Forest Resources to better understand this activity and show them that this work is fully compatible with maintaining forested wetlands."

EMC members who voted to reject the proposal were Don Abernethy, Franklin Clark, Robert Cook, Will Fowler, Leo Green, Larry Jordan, Edwin Melvin, Robert Ray and Frederick Starr.

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