Classification of Unique Wetlands in Buncombe County

1. January 9, 2019 Division of Water Resources Unique Wetland Classification

2. North Carolina’s ‘Waters of the State’ Definition • N.C.G.S §143-212(6)       "Waters" means any stream, river, brook, swamp, lake, sound, tidal estuary, bay, creek, reservoir, waterway, or other body or accumulation of water, whether surface or underground, public or private, or natural or artificial, that is contained in, flows through, or borders upon any portion of this State, including any portion of the Atlantic Ocean over which the State has jurisdiction.

3. North Carolina’s Wetlands Definition • Wetlands are "waters" as defined by G.S. 143-212(6) and are areas that are inundated or saturated by an accumulation of surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. Wetlands classified as waters of the state are restricted to waters of the United States as defined by 33 CFR 328.3 and 40 CFR 230.3 – 15A NCAC 02B .0101(71)

4. EMC Authority: Classifications & Water Quality Standards for Waters of the State Chapter 143, Article 21 of North Carolina General Statues EMC is directed and has the power to: • develop and adopt classifications and standards for waters of the state - at N.C.G.S. § 143-214.1 • rule-making authority to implement water classifications and to establish the standards applicable to each classification - at N.C.G.S. § 143-215.3

5. Unique Wetland Classification Regulatory Definition Unique wetland (UWL): wetlands of exceptional state or national ecological significance which require special protection to maintain existing uses. These wetlands may include wetlands that have been documented to the satisfaction of the Commission as habitat essential for the conservation of state or federally listed threatened or endangered species. (15A NCAC 02B .0101(e)(7)) and Adopted 1996

6. Unique Wetland Classification Selection Criteria • Tiers: I (wetland meets 1 criteria to qualify for UWL classification) and II (wetland must meet at least 2 criteria to be considered UWL classification) • Natural Heritage Program methodology of state and global rarity ranks for natural communities - number of known occurrences S1/GI (1-5 occurrences) – Critically Imperiled S2/G2 (6-20 occurrences) – Imperiled S3/G3 (21-100 occurrences) – Rare • state and federal legal status for Endangered, Threatened, Special Concern species • Rare species – not listed as Endangered, Threatened or Special Concern Species • Element Occurrence (EO) Rank - “Elements” of natural diversity: species (plant & animals) and natural communities - Rank refers to quality or viability of a specific occurrence of the “Element” - Rank ranges: A (best or most viable occurrences) to D (marginal or non-viable occurrences)

7. Unique Wetland Classification Selection CriteriaTier I • Wetlands classified as Critically Imperiled (S1) or Imperiled (S2) natural communities by Natural Heritage Program (NHP) with Element Occurrence rank of Excellent (A) or Good (B); • Wetlands harbor federal or state endangered, threatened, or special concern species with EO rank of Excellent (A) or Good (B); or • Wetlands harbor significantly rare, disjunct or endemic plant species (SR-D and SR-L respectively) with an EO rank of Excellent (A) or Good (B).

8. Unique Wetland Classification Selection CriteriaTier II • Wetlands classified as Vulnerable (S3/G3) natural communities by Natural Heritage Program (NHP) with Element Occurrence (EO) rank of Excellent (A) or Good (B); • Wetlands classified as viable Critically Imperiled (S1) or Imperiled (S2) natural communities by NHP but not captured under Tier I; • Wetlands harbor a viable occurrence of an endangered, threatened, or special concern plan or animal species but fail to meet Tier I criteria; or • Wetlands harbor a significantly rare (SR) animal or plant not captured by Tier I.

9. Sandy Bottom Wetlands French Broad River, Buncombe Co., NC • “…Tier I – population of the Federally - Threatened Bog Turtle in “good” condition; • Tier I – populations of two Special Concern salamander species; Four-Toed Salamander and Mole Salamander, with an EO rank of B; and • Tier II – a wetland community (Montane Floodplain Slough Forest) rated S1 (rare) & provides habitat for the Significantly Rare lax manna-grass population.” Petition for Rulemaking Pursuant to N.C.G.S. § 150B-20 to Add Unique Wetland Classification to the Sandy Bottom Wetlands in the French Broad River Basin in Buncombe County

10. Division of Water Resources Director’s Recommendation on UWL Classification for Sandy Bottom Wetlands, French Broad River Basin, Buncombe Co., NC The Division of Water Resources Director recommends that the Environmental Management Commission Water Quality Committee proceed to the Environmental Management Commission with the Petition for Rule-making to add the UWL classification to the Sandy Bottom Wetlands in the French Broad River Basin in Buncombe Co. NC. This recommendation is based the information in the Petition that reveals that the Sandy Bottom Wetlands meet Unique Wetlands Classification criteria.

11. Department of Environmental Quality

12. BEECH CREEK BOGWATAUGA COUNTY

13. LILY PONDNEW HANOVER COUNTY

14. GOOSE & MALLARD CREEK TIDAL FRESHWATER MARSHBEAUFORT COUNTY

16. Questions? Department of Environmental Quality