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Freshwater Wetlands in South Carolina . Wetlands. Wetlands are delineated by the Corps based on the 1987 Wetland Delineation Manual. Soils, evidence of hydrology & vegetation used to define wetland boundaries. . Wetland Terms. Jurisdictional vs. Nonjurisdictional Contiguous vs.Isolated
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Wetlands • Wetlands are delineated by the Corps based on the 1987 Wetland Delineation Manual. • Soils, evidence of hydrology & vegetation used to define wetland boundaries.
Wetland Terms • Jurisdictional vs. Nonjurisdictional • Contiguous vs.Isolated • Regulated vs. Nonregulated
Functions of Wetlands • Habitat for many different species of plants and animals. • Provide relief from flooding. • Water quality improvement. • Open space and recreation. • Groundwater recharge
Current Identification Process for Wetlands • Corps delineates wetlands and determines which are jurisdictional which are non-jurisdictional. • Corps issues a letter to the property owner or agent. • OCRM receives a copy of the letter. • OCRM notifies agent/applicant by letter stating that they may need OCRM certification to impact any federally non-jurisdictional wetlands.
Review Process48-39-80(B)(11) • Initiated after submittal of an application for any state or federal permit or certification. • Reviews are based upon the policies of the Coastal Zone Management program. • A public notice is required • Mitigation is required. • On-site mitigation is required when possible. • Off-site mitigation is allowed if on-site mitigation is not possible.
Wetlands are managed under the policies of the Coastal Zone Management Program • Resource Policies Chapter III ( >30 separate policies address freshwater wetland impacts) • Wetland Master Planning Policies, Chapter XII - Mitigation Policies Chapter XII
Review Time Frames • State permits – 30 days • Direct Federal Activities – 45 to 60 days • Federal license or permit - 180 days
What don’t we see in Coastal Zone • Single family lots not part of a larger common plan of development • Individual residential Septic tank permits • Ponds that are not mines and less than 1 acre and not within ½ mile
Wetlands Outside the Coastal Zone • Outside the 8 coastal counties there is no existing regulatory framework to manage the filling of nonjurisdictional (non-federally regulated) wetlands. • DHEC regulates the discharge of fill to jurisdictional wetlands in accordance with Section 401 of the Clean Water Act. • Section 401 of the CWA provides states with authority to certify federal permits or licenses for activities that result in discharges to waters of the state including wetlands. • South Carolina’s 401 Certification program only gives DHEC the authority to regulate jurisdicational wetlands.