North Carolina Administrative Code
Title 15A - Environmental Quality
Chapter 02 - ENVIRONMENTAL MANAGEMENT
Subchapter B - SURFACE WATER AND WETLAND STANDARDS
Section .0200 - CLASSIFICATIONS AND WATER QUALITY STANDARDS APPLICABLE TO SURFACE WATERS AND WETLANDS OF NORTH CAROLINA
Section 02B .0271 - JORDAN WATER SUPPLY NUTRIENT STRATEGY: STORMWATER REQUIREMENTS FOR STATE AND FEDERAL ENTITIES
Universal Citation: 15A NC Admin Code 02B .0271
Current through Register Vol. 39, No. 6, September 16, 2024
The following is the stormwater strategy for the activities of state and federal entities within the Jordan watershed, as prefaced in Rule 02B .0262.
(1) PURPOSE. The purposes of this Rule are as follows.
(a) To accomplish
the following on lands under state and federal control:
(i) Achieve and maintain, on new non-road
development lands, the nonpoint source nitrogen and phosphorus percentage
reduction goals established for Jordan Reservoir in
15A NCAC
02B .0262 relative to the baseline period
defined in that Rule;
(ii) Provide
the highest practicable level of treatment on new road development;
and
(iii) On existing
state-maintained roadways and facilities, and existing developed lands
controlled by other state and federal entities in the Jordan watershed, achieve
and maintain the nonpoint source nitrogen and phosphorus percentage reduction
goals established for Jordan Reservoir in
15A NCAC
02B .0262 relative to the baseline period
defined in that Rule.
(b) To ensure that the integrity and nutrient
processing functions of receiving waters and associated riparian buffers are
not compromised by erosive flows from state-maintained roadways and facilities
and from lands controlled by other state and federal entities in the Jordan
watershed; and
(c) To protect the
water supply uses of Jordan Reservoir and of designated water supplies
throughout the Jordan watershed.
(2) APPLICABILITY. This Rule shall apply to all existing and new development, both as defined in 15A NCAC 02B .0263, that lies within or partially within the Jordan watershed under the control of the NC Department of Transportation (NCDOT), including roadways and facilities, and to all lands controlled by other state and federal entities in the Jordan watershed.
(3) EXISTING DEVELOPMENT ADAPTIVE IMPLEMENTATION. The Division of Water Quality shall review monitoring required in Item (4) of 15A NCAC 02B .0266 to decide whether to implement a program to control nutrient loading from existing development to achieve nutrient-related water quality standards in Jordan Lake. The Division shall use the following conditions to identify state and federal entities that need to develop and implement a program to control nutrient loadings:
(a) If the March 2014 monitoring report or
any subsequent monitoring report for the Upper New Hope Creek Arm of Jordan
Reservoir required under Item (4) of
15A NCAC
02B .0266 shows that nutrient-related water
quality standards are not being achieved, state and federal entities in the
subwatershed of that arm of Jordan Reservoir shall develop and implement a
program to control nutrient loading from existing development within the
subwatershed, as provided in this Rule;
(b) If the March 2017 monitoring report or
any subsequent monitoring report for the Haw River Arm or the Lower New Hope
Creek Arm of Jordan Reservoir required under Item (4) of
15A NCAC
02B .0266 shows that nutrient-related water
quality standards are not being achieved, state and federal entities in the
subwatershed of that arm of Jordan Reservoir shall develop and implement a
program to control nutrient loading from existing development within the
subwatershed, as provided in this Rule;
(c) The Division shall defer development and
implementation of a program to control nutrient loading from existing
development required in a subwatershed by this Sub-Item if it determines that
additional reductions in nutrient loading from existing development in that
subwatershed will not be necessary to achieve nutrient-related water quality
standards. In making this determination, the Division shall consider the
anticipated effect of measures implemented or scheduled to be implemented to
reduce nutrient loading from sources in the subwatershed other than existing
development. If any subsequent monitoring report for an arm of Jordan Reservoir
required under Item (4) of
15A NCAC
02B .0266 shows that nutrient-related water
quality standards have not been achieved, the Division shall notify each state
and federal entity in the subwatershed of that arm of Jordan Reservoir, and
each entity shall develop and implement a program to control nutrient loading
from existing development as provided in this Rule; and
(d) ADDITIONAL MEASURES TO REDUCE NITROGEN
LOADING IN THE UPPER NEW HOPE CREEK SUBWATERSHED. If the March 1, 2023,
monitoring report or any subsequent monitoring report for the Upper New Hope
Creek Arm of Jordan Reservoir shows that nutrient-related water quality
standards are not being achieved, state and federal entities located in whole
or in part in the Upper New Hope Creek Subwatershed shall modify their programs
to control nutrient loading from existing roadway and nonroadway development to
achieve additional reductions in nitrogen loadings. The modified program shall
be designed to achieve a total reduction in nitrogen loading from existing
development of 35 percent relative to the baseline period 1997 through 2001 in
that arm of Jordan Reservoir. Subject state and federal entities shall develop
and implement a program to control nutrient loading from existing development
within the subwatershed, as provided in this Rule.
(4) EXISTING DEVELOPMENT NOTIFICATION REQUIREMENTS. Based on findings under Item (3) of this Rule, the Division shall notify the state and federal entities in each subwatershed that either:
(a) Implementation of a program to control
nutrient loading from existing development, or additional measures under an
existing program, will be necessary to achieve water quality standards in an
arm of the reservoir and direct the state and federal entities in the
subwatershed to develop or modify a load reduction program in compliance with
this Rule; or
(b) Implementation of
a program to control nutrient loading from existing development is not
necessary at that time but will be reevaluated in three years based on the most
recent water quality monitoring information.
(5) NON-NCDOT REQUIREMENTS. With the exception of the NCDOT, all state and federal entities that control lands within the Jordan watershed shall meet the following requirements:
(a) For any new development proposed within
their jurisdictions that would disturb one-half acre or more, non-NCDOT state
and federal entities shall continue to develop stormwater management plans for
submission to and approval by the Division. These stormwater plans shall not be
approved by the Division unless the following criteria are met:
(i) The nitrogen and phosphorus loads
contributed by the proposed new development activity in a given subwatershed
shall not exceed the unit-area mass loading rates applicable to that
subwatershed as follows for nitrogen and phosphorus, respectively, expressed in
units of pounds per acre per year: 2.2 and 0.82 in the Upper New Hope; 4.4 and
0.78 in the Lower New Hope; and 3.8 and 1.43 in the Haw. The developer shall
determine the need for engineered stormwater controls to meet these loading
rate targets by using the loading calculation method called for in Item (10) of
this Rule or other equivalent method acceptable to the Division;
(ii) Proposed new development subject to
NPDES, water supply, and other state-mandated stormwater regulations shall
comply with those regulations in addition to the other requirements of this
Sub-Item. Proposed new development in any water supply watershed in the Jordan
watershed designated WS-II, WS-III, or WS-IV shall comply with the
density-based restrictions, obligations, and requirements for engineered
stormwater controls, clustering options, and 10/70 provisions described in
Sub-Items (3)(b)(i) and (3)(b)(ii) of the applicable Rule among
15A NCAC
02B .0214 through
02B .0216;
(iii) Stormwater systems shall be designed to
control and treat the runoff generated from all surfaces by one inch of
rainfall. The treatment volume shall be drawn down pursuant to guidance
specific to each practice as provided in the most recent version of the
Stormwater Best Management Practices Manual published by the Division, or other
technically at least equivalent guidance acceptable to the Division. To ensure
that the integrity and nutrient processing functions of receiving waters and
associated riparian buffers are not compromised by erosive flows, stormwater
flows from the development shall not contribute to degradation of waters of the
State. At a minimum, the development shall not result in a net increase in peak
flow leaving the site from pre-development conditions for the one-year, 24-hour
storm event;
(iv) Proposed new
development that would replace or expand structures or improvements that
existed as of December 2001, the end of the baseline period, and which would
not result in a net increase in built-upon area shall not be required to meet
the nutrient loading targets or high-density requirements except to the extent
that it shall provide stormwater control at least equal to the previous
development. Proposed new development that would replace or expand existing
structures or improvements and would result in a net increase in built-upon
area shall have the option either to achieve at least the percentage load
reduction goals stated in
15A NCAC
02B .0262 as applied to nitrogen and
phosphorus loading from the previous development for the entire project site,
or to meet the loading rate targets described in Sub-Item (5)(a)(i) of this
Rule;
(v) Proposed new development
shall comply with the riparian buffer protection requirements of
15A NCAC
02B .0267 and
02B .0268;
(vi) The entity shall have the option of
offsetting part of the nitrogen and phosphorus loads by implementing or funding
offsite management measures as follows: Before using offsite offset options, a
development shall meet any requirements for engineered stormwater controls
described in Sub-Item (5)(a)(iii) of this Rule, and shall attain a maximum
nitrogen loading rate on-site of four pounds per acre per year for
single-family, detached and duplex residential development and eight pounds per
acre per year for other development, including multi-family residential,
commercial and industrial and shall meet any requirements for engineered
stormwater controls described in Sub-Item (5)(a)(iii) of this Rule. An entity
may make offset payments to the NC Ecosystem Enhancement Program or to private
sellers of reduction credit as meeting the applicable requirements of
15A NCAC
02B .0703. An entity may propose other offset
measures to the Division, including providing its own offsite offset or
utilizing a private seller. All offset measures identified in this Sub-Item
shall meet the requirements of
15A NCAC
02B .0273(2)-(4);
and
(vii) The non-NCDOT state or
federal entity shall include measures to ensure maintenance of best management
practices (BMPs) implemented as a result of the provisions in Sub-Item (5)(a)
of this Rule for the life of the development.
(b) For existing development, non-NCDOT state
and federal entities receiving notice from the Division of the requirement to
develop and implement or modify a program to control nutrient loading from
existing development, as specified under Item (4) of this Rule, shall do so
based on the standards set out in this Sub-Item. Such entities shall submit
these programs for approval by the Division in accordance with the process
identified in Item (7) of this Rule. A load reduction program shall include the
following elements and meet the associated criteria:
(i) The long-term objective of this program
shall be for the entity to achieve the percentage nutrient load reduction goals
in Item (5) of
15A NCAC
02B .0262 relative to annual mass loads, in
pounds per year, representative of the baseline period defined in that Rule and
reaching Jordan Reservoir from existing developed lands within each
subwatershed under its control. Loads shall be calculated by applying the
method called for in Item (10) of this Rule or an equivalent or more accurate
method acceptable to the Division, to acreages of different types of existing
developed lands as defined in this Sub-Item and in Item (2) of this Rule. To
provide entities spatial latitude to obtain reductions in different locations,
loads thus calculated shall be converted to delivered loads to Jordan Reservoir
using transport factors established in the Division document, Nitrogen and
Phosphorus Delivery from Small Watersheds to Jordan Lake, dated June 30, 2002.
Subject entities shall include estimates of, and plans for offsetting, nutrient
load increases from lands developed subsequent to the baseline period but prior
to implementation of new development programs. For these post-baseline
developed lands, the new loading rate shall be compared to the applicable
loading rate target in Sub-Item (5)(a)(i) of this Rule for the subwatershed and
acres involved, and the difference shall constitute the load reduction need.
Should percentage reduction goals be adjusted pursuant to Item (8) of
15A NCAC
02B .0262, then the annual load goals
established in this Sub-Item shall be adjusted accordingly. Entities may seek
to fund implementation of load-reducing activities through grant sources such
as the North Carolina Clean Water Act Section 319 Grant Program, or other
funding programs for nonpoint sources;
(ii) The load reduction program shall include
a plan and supporting technical analysis for achieving half of each load
reduction goal within 10 years of the applicable notification date established
under Item (4) of this Rule, and a plan and timeframes for achieving the
remaining half subject to modification based on technical analysis at 10 years
after the notification date established under Item (4) of this Rule. A load
reduction program may propose an alternative compliance timeframe provided it
includes a technical analysis that demonstrates the need for that timeframe. A
program technical analysis shall examine the feasibility of achieving stated
goals and shall consider factors such as magnitude of reduction need relative
to area within a subwatershed, the potential for utilizing the range of
load-reducing activities listed in Sub-Item (5)(b)(iv) of this Rule, and
relative costs and efficiencies of each activity to the extent information is
available. The load reduction program shall propose implementation rates and
timeframes for each activity, and shall provide for proportionate annual
progress toward meeting the reduction goals as practicable, that is capable of
being put into practice, done, or accomplished;
(iii) The load reduction program shall
identify specific load-reducing practices implemented to date subsequent to the
baseline period and for which it is seeking credit. It shall estimate load
reductions for these practices using methods provided for in Item (10) of this
Rule, and their anticipated duration;
(iv) The load reduction program shall
identify the types of activities the entity intends to implement and types of
existing development affected, relative proportions or a prioritization of
practices, and the relative magnitude of reductions it expects to achieve from
each. An entity may credit any nitrogen or phosphorus load reductions in excess
of those required by other rules in this Chapter. The program shall identify
the duration of anticipated load reductions, and may seek activities that
provide sustained, long-term reductions. The load reduction program shall meet
the requirements of
15A NCAC
02B .0273. Potential load-reducing activities
may include stormwater activities such as street sweeping, improvement of
existing ponds and stormwater structures, removal of existing built-upon area,
retrofitting of existing development with engineered best management practices
(BMPs), treatment of runoff in redevelopment projects, over-treatment of runoff
in new development projects, source control activities such as pet waste
reduction and fertilization reduction, alternative stormwater practices such as
rain barrels, cisterns, downspout disconnections, and stormwater capture and
reuse, restoration of ecological communities such as streams and riparian
buffers, and wastewater activities such as creation of surplus allocation
through advanced treatment at wastewater facilities, expansion of surplus
allocation through regionalization, collection system improvements, and removal
of illegal discharges;
(v) The load
reduction program shall identify anticipated funding mechanisms or sources and
discuss steps taken or planned to secure such funding;
(vi) An entity shall have the option of
working with municipalities or counties within its subwatershed to jointly meet
the load targets from all existing development within their combined
jurisdictions. An entity may utilize private or third party sellers. All
reductions shall meet the requirements of
15A NCAC
02B .0273;
(vii) The entity shall include measures to
provide for operation and maintenance of retrofitted stormwater controls to
ensure that they meet the load targets required in Sub-Item (5)(b) of this Rule
for the life of the development; and
(viii) An entity may choose to conduct
monitoring of stream flows and runoff from catchments to quantify
disproportionately high loading rates relative to those used in the accounting
methods stipulated under Item (10) of this Rule, and to subsequently target
load-reducing activities to demonstrated high-loading source areas within such
catchments for proportionately greater load reduction credit. An entity may
propose such actions in its initial load reduction program submittal or at any
time subsequent, and shall obtain Division approval of the monitoring design.
It shall also obtain Division approval of any resulting load reduction benefits
based on the standards set out in this Rule. An entity that chooses such
monitoring shall execute the monitoring, and provide the results to the
Division as part of its load reduction program submittal.
(6) NCDOT REQUIREMENTS. The NCDOT shall meet the following requirements on lands within the Jordan Watershed:
(a) Implementation of its program for
post-construction stormwater runoff control for new development approved by the
Commission in November 2012, including new and widening NCDOT roads and
facilities. The program established a process by which the Division reviews and
approves stormwater designs for new NCDOT development projects. The program
delineates the scope of vested projects that would be considered as existing
development, and defines lower thresholds of significance for activities
considered new development. In addition, the following criteria apply:
(i) For new and widening roads, compliance
with the riparian buffer protection requirements of Rules
15A NCAC
02B .0267 and
02B .0268 which are expected to
achieve a 30 percent nitrogen reduction efficiency in runoff treatment through
either diffuse flow into buffers or other practices, shall be deemed as
compliant with the purposes of this Rule;
(ii) New non-road development shall achieve
and maintain the nitrogen and phosphorus percentage load reduction goals
established for each subwatershed in
15A NCAC
02B .0262 relative to either area-weighted
average loading rates of all developable lands as of the baseline period
defined in
15A NCAC
02B .0262, or to project-specific
pre-development loading rates. Values for area-weighted average loading rate
targets for nitrogen and phosphorus, respectively, in each subwatershed shall
be the following, expressed in units of pounds per acre per year: 2.2 and 0.82
in the Upper New Hope; 4.4 and 0.78 in the Lower New Hope; and 3.8 and 1.43 in
the Haw. The NCDOT shall determine the need for engineered stormwater controls
to meet these loading rate targets by using the loading calculation method
called for in Item (10) of this Rule or other equivalent method acceptable to
the Division. Where stormwater treatment systems are needed to meet these
targets, they shall be designed to control and treat the runoff generated from
all surfaces by one inch of rainfall. Such systems shall be assumed to achieve
the nutrient removal efficiencies identified in the most recent version of the
Stormwater Best Management Practices Manual published by the Division provided
that they meet associated drawdown and other design specifications included in
the same document. The NCDOT may propose to the Division nutrient removal rates
for practices currently included in the BMP Toolbox required under its NPDES
stormwater permit, or may propose revisions to those practices or additional
practices with associated nutrient removal rates. The NCDOT may use any such
practices approved by the Division to meet loading rate targets identified in
this Sub-Item. New non-road development shall also control runoff flows to meet
the purpose of this Rule regarding protection of the nutrient functions and
integrity of receiving waters;
(iii) For new non-road development, the NCDOT
shall have the option of partially offsetting its nitrogen and phosphorus loads
by implementing or funding offsite management measures. These offsite
offsetting measures shall achieve at least equivalent reductions in nitrogen
and phosphorus load to the remaining reduction needed onsite to comply with
Sub-Item (6)(a)(ii) of this Rule. Before using offsite offset options, a
development shall attain a maximum nitrogen loading rate of 8 pounds per acre
per year. The NCDOT may make offset payments to the NC Ecosystem Enhancement
Program contingent upon acceptance of payments by that Program. The NCDOT may
propose other offset measures to the Division. All offset measures identified
in this Sub-Item shall meet the requirements of
15A NCAC
02B .0273; and
(iv) New development shall continue
compliance, required as of August 11, 2009, with the riparian buffer protection
requirements of
15A NCAC
02B .0267 and
02B .0268 through a Division
approval process.
(b)
NCDOT EXISTING DEVELOPMENT LOAD REDUCTION GOALS. For NCDOT existing roadway and
non-roadway development, a load reduction goal shall be designed to achieve,
relative to the baseline period 1997 through 2001, an eight percent reduction
in nitrogen loading and a five percent reduction in phosphorus loading reaching
Jordan Reservoir in the Upper New Hope and Haw subwatersheds. The load
reduction goal for the Lower New Hope arm shall be designed to maintain no
increases in nitrogen and phosphorus loads from existing roadway and nonroadway
development relative to the baseline period 1997 through 2001. Load reduction
goals for each subwatershed shall be calculated as follows:
(i) For existing NCDOT roadways and
industrial facilities, baseline loads shall be established using stormwater
runoff nutrient load characterization data collected through the National
Pollutant Discharge Elimination System (NPDES) Research Program under
NCS0000250 Permit Part II Section G;
(ii) For other NCDOT nonroadway development,
baseline loads shall be established by applying the Tar-Pamlico Nutrient Export
Calculation Worksheet, Piedmont Version, dated October 2004, to acreages of
nonroadway development under the control of NCDOT during the baseline period.
The baseline load for other nonroadway development may also be calculated using
an equivalent or more accurate method acceptable to the Division and
recommended by the Scientific Advisory Board established under Session Law
2009-216; and
(iii) The existing
development load reduction goal shall be adjusted to account for nutrient
loading increases from existing roadway and nonroadway development subsequent
to the baseline period but prior to implementation of new development
stormwater programs pursuant to Sub-Item (6)(a) of this Rule.
(c) If notified by the Division of
the requirement to develop and implement, or modify a program to control
nutrient loading from existing development as specified under Item (4) of this
Rule, the NCDOT shall do so based on the standards set out in this sub-item.
The NCDOT shall submit such programs to the Division for approval according to
the processes identified in Item (8) of this Rule. Such program shall achieve
the nutrient load reduction goals in Sub-Item (6)(b) of this rule and address
both roadway and nonroadway development. Such program shall include the
following elements:
(i) Identification of the
NCDOT stormwater outfalls from Interstate, US, and NC primary routes;
(ii) Identification and elimination of
illegal discharges into the NCDOT's stormwater conveyance system; and
(iii) Initiation of a "Nutrient Management
Education Program" for NCDOT staff and contractors engaged in the application
of fertilizers on highway rights of way. The purpose of this program shall be
to contribute to the load reduction goals established in
15A NCAC
02B .0262 through proper application of
nutrients, both inorganic fertilizer and organic nutrients, to highway rights
of way in the Jordan watershed in keeping with the most current
state-recognized technical guidance on proper nutrient management.
(d) If notified by the Division of
the requirement to develop and implement, or modify a program to control
nutrient loading from existing development as specified under Item (4) of this
Rule, the NCDOT shall achieve the nutrient load reduction goals under Sub-Item
(6)(b) of this Rule by development of a load reduction program that addresses
both roadway and nonroadway development in each subwatershed of the Jordan
Reservoir. Such program may include, but not be limited to, the following
load-reducing measures:
(i) street
sweeping;
(ii) source control
activities such as pet waste reduction and fertilizer management at NCDOT
facilities;
(iii) improvement of
existing stormwater structures;
(iv) alternative stormwater practices such as
use of rain barrels and cisterns;
(v) stormwater capture and reuse;
and
(vi) purchase of nutrient
reduction credits.
(e)
The NCDOT may meet minimum implementation rate and schedule requirements of its
program by implementing a combination of three stormwater retrofits per year
for existing roadway development in the Jordan Lake watershed and other
load-reducing measures identified in its program developed pursuant to this
Rule and approved by the Commission.
(7) NON-NCDOT RULE IMPLEMENTATION. For all state and federal entities that control lands within the Jordan watershed with the exception of the NCDOT, this Rule shall be implemented as follows:
(a) As of July 2012, the date of Commission
approval for the nutrient accounting methods, entities shall comply with the
requirements of Sub-Item (5)(a) of this Rule for any new development proposed
within their jurisdictions;
(b)
Within six months after receiving notice to develop and implement, or modify a
program to control nutrient loading from existing development as specified in
Sub Item (4)(a) of this Rule, subject entities shall submit load reduction
programs to the Division for preliminary approval according to the standards
set out in Sub-Item (5)(b) of this Rule;
(c) Within six months following submission of
the subject entity's program to control nutrient loading from existing
development, the Division shall request the Commission's approval of entities'
load reduction programs. The Commission shall either approve the programs or
require changes. Should the Commission require changes, the Division shall seek
Commission approval at the earliest feasible date subsequent to the original
request;
(d) Within two months
following Commission approval of a load reduction program, entities shall begin
to implement load reduction programs;
(e) Upon implementation of the requirements
of Item (5) of this Rule, subject entities shall provide annual reports to the
Division documenting their progress in implementing those requirements;
and
(f) If the 2023 monitoring
report or subsequent monitoring reports for the Upper New Hope Arm of Jordan
Reservoir shows that nutrient-related water quality standards are not being
achieved, the Division shall notify the subject entities of the need for
additional measures to reduce nitrogen loading in the subwatershed. The subject
entities shall then submit a modified program to achieve the nutrient
reductions specified in Sub-Item (3)(d) of this Rule. Submission, review and
approval, and implementation of a modified program shall follow the process,
timeline, and standards set out in Sub-Items (7)(b) through (7)(d) of this
Rule.
(8) NCDOT RULE IMPLEMENTATION. For the NCDOT, this Rule shall be implemented as follows:
(a) NCDOT shall continue to implement the
Stormwater Management Program for New Development approved by the Commission in
November 2012, and implemented as of January 2013 or subsequent revisions to
their program approved by the Commission or its delegated authority. This
program shall continue to meet or exceed the requirements in Sub-Items (6)(a)
of this Rule;
(b) Existing
development requirements shall be implemented as follows:
(i) Within six months after receiving notice
to develop and implement, or modify a program to control nutrient loading from
existing development as specified in Item (4)(a) of this Rule, the NCDOT shall
submit the Existing Development Program for the Jordan watershed to the
Division for approval. This Program shall meet or exceed the requirements in
Sub-Items (6)(c) through (6)(e) of this Rule;
(ii) Within six months following submission
of the NCDOT's program to control nutrient loading from existing development,
the Division shall request the Commission's approval of the NCDOT Existing
Development Program. If the Commission disapproves the program, the NCDOT shall
submit a modified program within two months. The Division shall recommend that
the Commission approve or disapprove the modified program within three months
after receiving the NCDOT's modified program;
(iii) Within two months after the
Commission's approval of a program to control nutrient loading from existing
development, the NCDOT shall implement their approved program; and
(iv) If the 2023 monitoring report or
subsequent monitoring reports for the Upper New Hope Arm of Jordan Reservoir
shows that nutrient-related water quality standards are not being achieved, the
Division shall notify the NCDOT of the need for additional measures to reduce
nitrogen loading in the subwatershed. The NCDOT shall then submit a modified
program to achieve the nutrient reductions specified in Sub-Item (3)(d) of this
Rule. Submission, review and approval, and implementation of a modified program
shall follow the process and timeline set out in Sub-Items (8)(b)(i) through
(8)(b)(iii) of this Rule.
(c) Upon implementation, the NCDOT shall
submit annual reports to the Division summarizing its activities in
implementing each of the requirements in Sub-Items (6)(c) through (6)(e) of
this Rule. This annual reporting may be incorporated into annual reporting
required under NCDOT's NPDES stormwater permit.
(9) RELATIONSHIP TO OTHER REQUIREMENTS. A party may in its program submittal under Item (7) or (8) of this Rule request that the Division accept its implementation of another stormwater program or programs, such as NPDES stormwater requirements, as satisfying one or more of the requirements set forth in Item (5) or (6) of this Rule. The Division shall provide determination on acceptability of any such alternatives prior to requesting Commission approval of programs as required in Items (7) and (8) of this Rule. The party shall include in its program submittal technical information demonstrating the adequacy of the alternative requirements.
(10) ACCOUNTING METHODS. Non-NCDOT entities shall continue to utilize the Jordan/Falls Lake Stormwater Load Accounting Tool approved by the Commission in July 2012 for all applicable load reduction estimation activities or equivalent, more source-specific or more accurate methods acceptable to the Division. Except as for the establishment of baseline loads as specified under Item (6)(b) of this Rule, NCDOT shall utilize the NCDOT-Jordan/Falls Lake Stormwater Load Accounting Tool approved by the Commission in July 2012 for all applicable load estimation activities or equivalent, more source-specific, or more accurate methods acceptable to the Division. The Division shall periodically revisit these accounting methods to determine the need for revisions to both the methods and to existing development load reduction assignments made using the methods set out in this Rule. It shall do so no less frequently than every 10 years. Its review shall include values subject to change over time independent of changes resulting from implementation of this Rule, such as untreated export rates that may change with changes in atmospheric deposition. It shall also review values subject to refinement, such as BMP nutrient removal efficiencies.
Authority
G.S.
143-214.1;
143-214.5;
143-214.5(i);
143-214.7;
143-214.12;
143-214.21;
143-215.3(a)(1);
143-215.6A;
143-215.6B;
143-215.6C;
143-215.8B;
143B-282(c);
143B-282(d);
S.L. 2005-190; S.L. 2006-259; S.L. 2009-216, S.L. 2009-484;
Eff.
August 11, 2009;
Amended Eff. September 1, 2011;
See
S.L. 2013-395;
Amended Eff. April 1, 2020; July 7,
2014.
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