Current through Register Vol. 39, No. 6, September 16, 2024
The following is the stormwater strategy, as prefaced in
Rule 02B .0275, for the activities of state and federal entities within the
Falls watershed.
(1) PURPOSE. The
purposes of this Rule are as follows.
(a) To
achieve and maintain, on new non-road development lands, the nonpoint source
nitrogen and phosphorus percentage reduction objectives established for Falls
Reservoir in
15A NCAC
02B .0275 relative to the baseline period
defined in Rule, to provide the highest practicable level of treatment on new
road development, and to achieve and maintain the percentage objectives on
existing developed lands by reducing loading from state-maintained roadways and
facilities, and from lands controlled by other state and federal entities in
the Falls watershed;
(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 Falls watershed; and
(c) To protect the water supply, aquatic
life, and recreational uses of Falls Reservoir.
(2) APPLICABILITY. This Rule shall apply to
all existing and new development, both as defined in
15A NCAC
02B .0276, that lies within or partially
within the Falls 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 Falls
watershed.
(3) NON-NCDOT
REQUIREMENTS. With the exception of the NCDOT, all state and federal entities
that control lands within the Falls watershed shall meet the following
requirements:
(a) For any new development
proposed within their jurisdictions that would disturb one quarter acre or
more, non-NCDOT state and federal entities shall develop stormwater management
plans for submission to and approval by the Division;
(b) 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 (a) of this Item
for the life of the development; and
(c) A plan to ensure enforcement and
compliance with the provisions in Sub-Item (4) of this Rule for the life of the
new development.
(4)
PLAN APPROVAL REQUIREMENTS. A developer's stormwater plan shall not be approved
unless the following criteria are met:
(a)
Nitrogen and phosphorus loads contributed by the proposed new development
activity shall not exceed the following unit-area mass loading rates for
nitrogen and phosphorus, respectively, expressed in units of pounds/acre/year:
2.2 and 0.33. Proposed development that would replace or expand structures or
improvements that existed as of December 2006, the end of the baseline period,
and that 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 the developer shall provide stormwater control at
least equal to the previous development. Proposed 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 loading reduction objectives stated in
15A NCAC
02B .0275 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 this item. These requirements
shall supersede those identified in
15A NCAC
02B .0104(q). 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
Sub-Item (4)(a) of
15A NCAC
02B .0277 or other equivalent method
acceptable to the Division;
(b) The
developer shall have the option of offsetting part of their nitrogen and
phosphorus loads by implementing or funding offsite offset measures. Before
using an offsite offset option, a development shall implement onsite structural
stormwater controls that achieve one of the following levels of reductions:
(i) Proposed new development activity
disturbing at least one quarter acre but less than one acre of land, except as
stated in this Item, shall achieve 30 percent or more of the needed load
reduction in both nitrogen and phosphorus loading onsite and shall meet any
requirements for engineered stormwater controls described in this
item;
(ii) Except as stated in this
Item, proposed new development activity that disturbs one acre of land or more
shall achieve 50 percent or more of the needed load reduction in both nitrogen
and phosphorus loading onsite and shall meet any requirements for engineered
stormwater controls described in this Item; or
(iii) Proposed development that would replace
or expand structures or improvements that existed as of December 2006, the end
of the baseline period, and that increases impervious surface within a
designated downtown area, regardless of area disturbed, shall achieve 30
percent of the needed load reduction in both nitrogen and phosphorus onsite,
and shall meet any requirements for engineered stormwater controls described in
this Item;
(c) Offsite
offsetting measures shall achieve at least equivalent reductions in nitrogen
and phosphorus loading to the remaining reduction needed onsite to comply with
the loading rate targets set out in this Item. A developer may use any measure
that complies with the requirements of Rules .0703 and .0282 of this
Subchapter;
(d) Proposed new
development subject to NPDES, water supply, and other state-mandated stormwater
regulations shall comply with those regulations and with applicable permit
limits in addition to the other requirements of this sub-item. Proposed new
development in any water supply watershed in the Falls 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, operation and maintenance responsibilities, vegetated setbacks, land
application, and landfill provisions described in Sub-Items (3)(b)(i) and
(3)(b)(ii) of the applicable rule among
15A NCAC
02B .0214 through
02B .0216. Provided, the
allowance in water supply watershed rules for 10 percent of a jurisdiction to
be developed at up to 70 percent built-upon area without stormwater treatment
shall not be available in the Falls watershed;
(e) Stormwater systems shall be designed to
control and treat at a minimum the runoff generated from all surfaces in the
project area by one inch of rainfall. The treatment volume shall be drawn down
pursuant to standards specific to each practice as provided in the July 2007
version of the Stormwater Best Management Practices Manual published by the
Division, or other at least technically equivalent standards acceptable to the
Division;
(f) To ensure that the
integrity and nutrient processing functions of receiving waters and associated
riparian buffers are not compromised by erosive flows, at a minimum, the new
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;
(g) New development may
satisfy the requirements of this Rule by meeting the post-development
hydrologic criteria set out in Chapter 2 of the North Carolina Low Impact
Development Guidebook dated June 2009, or the hydrologic criteria in the most
recent version of that guidebook; and
(h) Proposed new development shall
demonstrate compliance with the riparian buffer protection requirements of
15A NCAC
02B .0233 and
02B .0242.
(5) NON-NCDOT STAGED AND ADAPTIVE
IMPLEMENTATION REQUIREMENTS. For existing development, non-NCDOT state and
federal entities shall develop and implement staged load reduction programs for
achieving and maintaining nutrient load reductions from existing development
based on the standards set out in this Item. Such entities shall submit these
load-reducing programs for approval by the Commission that include the
following staged elements and meet the minimum standards for each stage of
implementation:
(a) In Stage I, entities
subject to this rule shall implement a load reduction program that provides
estimates of, and plans for offsetting by calendar year 2020, nutrient loading
increases from lands developed subsequent to the baseline (2006) and not
subject to the requirements of the Falls Lake new development stormwater
program. For these existing developed lands, the current loading rate shall be
compared to the loading rate for these lands prior to development for the acres
involved, and the difference shall constitute the load reduction need in annual
mass load, in pounds per year. Alternatively, a state or federal entity may
assume uniform pre-development loading rates of 2.89 pounds per acre per year N
and 0.63 pounds per acre per year P for these lands. The entity shall achieve
this stage one load reduction by calendar year 2020. This Stage I program shall
meet the criteria defined in Item (4) of
15A NCAC
02B.0278; and
(b) By January 15, 2021, and every five years
thereafter, a state or federal entity located in the Upper Falls Watershed as
defined in Item (11) of
15A NCAC
02B .0276 shall submit and begin implementing
a Stage II load reduction program or revision designed to achieve the percent
load reduction objectives from existing developed lands under its control, that
includes timeframes for achieving these objectives and that meets the criteria
defined in Items (5) and (6) of this Rule.
(6) ELEMENTS OF NON-NCDOT LOAD REDUCTION
PROGRAMS. A non-NCDOT state or federal entity load reduction program shall
address the following elements:
(a) State and
federal entities in the Eno River and Little River subwatersheds shall, as part
of their Stage I load reduction programs, begin and continuously implement a
program to reduce loading from discharging sand filters and malfunctioning
septic systems owned or used by state or federal agencies discharging into
waters of the State within those subwatersheds;
(b) State and federal entities in any Falls
subwatershed in which chlorophyll a levels have exceeded 40 ug/L in more than
seventy-five percent of the monitoring events in any calendar year shall, as
part of their Stage I load reduction programs, begin and continuously implement
a program to reduce nutrient loading into the waters of the State within that
subwatersheds;
(c) The total amount
of nutrient loading reductions in Stage I is not increased for state and
federal entities by the requirements to add specific program components to
address loading from malfunctioning septic systems and discharging sand filters
or high nutrient loading levels pursuant to Sub-Items (a) and (b) of this
Item;
(d) In preparation for
implementation of their Stage I and Stage II load reduction programs, state and
federal entities shall develop inventories and characterize load reduction
potential to the extent that accounting methods allow for the following:
(i) Wastewater collection systems;
(ii) Discharging sand filter systems,
including availability of or potential for central sewer connection;
(iii) Properly functioning and malfunctioning
septic systems;
(iv) Restoration
opportunities in utility corridors;
(v) Fertilizer management plans for state and
federally owned lands;
(vi)
Structural stormwater practices, including intended purpose, condition,
potential for greater nutrient control; and
(vii) Wetlands and riparian buffers including
potential for restoration opportunities.
(e) A state or federal entities load
reduction need shall be based on the developed lands owned or used by the state
or federal entity within the Falls watershed;
(f) Nitrogen and phosphorous loading from
existing developed lands, including loading from onsite wastewater treatment
systems to the extent accounting methods allow, shall be calculated by applying
the accounting tool described in Item (13) and shall quantify baseline loads of
nitrogen and phosphorus to surface waters from the lands under the entity's
control as well as loading changes post-baseline. It shall also calculate
target nitrogen and phosphorus loads and corresponding reduction
needs;
(g) Nitrogen and phosphorus
loading from existing developed lands, including loading from onsite wastewater
treatment systems to the extent accounting methods allow, shall be calculated
by applying the accounting too described in Item (13) of this Rule and shall
quantify baseline loads of nitrogen and phosphorus to surface waters from state
and federal entities as well as loading changes post-baseline. It shall
calculate target nitrogen and phosphorus loads and corresponding load reduction
needs;
(h) The Commission shall
recognize reduction credit for implementation of policies and practices
implemented after January 1, 2007 and before January 15, 2011, to reduce runoff
and discharge of nitrogen and phosphorus per Session Law 2009-486. The load
reduction program shall identify specific load-reducing practices implemented
subsequent to the baseline period and for which the entity is seeking credit.
It shall estimate load reductions for these practices and their anticipated
duration using methods provided for in Item (13);
(i) The program shall include a proposed
implementation schedule that includes annual implementation expectations. The
load reduction program shall identify the types of activities the state or
federal entity intends to implement and types of existing development affected,
relative proportions or prioritization of practices, relative magnitude of
reductions it expects to achieve from each, and the relative costs and
efficiencies of each activity to the extent information is available. The
program shall identify the duration of anticipated loading reductions, and may
seek activities that provide long-term reductions;
(j) The load reduction program shall identify
anticipated funding mechanisms or sources and discuss steps taken or planned to
secure such funding;
(k) The
program shall address the extent of load reduction opportunities intended from
the following types of lands:
(i) Lands owned
or otherwise controlled by the state or federal entity; and
(ii) Lands other than those on which the
entity's load reduction need is based as described in this Item, including
lands both within and outside its jurisdiction and third party
sellers.
(l) The program
shall address the extent of load reduction proposed from, at a minimum, the
following stormwater and ecosystem restoration activities:
(i) Bioretention;
(ii) Constructed wetland;
(iii) Sand filter;
(iv) Filter Strip;
(v) Grassed swale;
(vi) Infiltration device;
(vii) Extended dry detention;
(viii) Rainwater harvesting system;
(ix) Treatment of Redevelopment;
(x) Overtreatment of new
development;
(xi) Removal of
impervious surface;
(xii)
Retrofitting treatment into existing stormwater ponds;
(xiii) Off-line regional treatment
systems;
(xiv) Wetland or riparian
buffer restoration; and
(xv)
Reforestation with conservation easement or other protective
covenant.
(m) The
program shall evaluate the load reduction potential from the following
wastewater activities:
(i) Creation of surplus
relative to an allocation established in
15A NCAC
02B .0279;
(ii) Expansion of surplus allocation through
regionalization;
(iii) Connection
of discharging sand filters and malfunctioning septic systems to central sewer
or replacement with permitted non-discharge alternatives;
(iv) Removal of illegal discharges;
and
(v) Improvement of wastewater
collection systems.
(n)
A state or federal entity may propose in its load reduction program the use of
the following measures in addition to items listed in (l) and (m), or may
propose other measures for which it can provide equivalent accounting methods
acceptable to the Division:
(i) Redirecting
runoff away from impervious surfaces;
(ii) Soil amendments;
(iii) Stream restoration;
(iv) Improved street sweeping; and
(v) Source control, such as waste and
fertilizer controls.
(o)
The program shall include evaluation of load reduction potential relative to
the following factors:
(i) Extent of physical
opportunities for installation;
(ii) Landowner acceptance;
(iii) Incentive and education options for
improving landowner acceptance;
(iv) Existing and potential funding sources
and magnitudes;
(v) Practice
cost-effectiveness (e.g., cost per pound of nutrient removed);
(vi) Increase in per capita cost of a
non-NCDOT state or federal entity's stormwater management program to implement
the program;
(vii) Implementation
rate without the use of eminent domain; and
(viii) Need for and projected role of eminent
domain.
(7)
The Commission shall approve a non-NCDOT Stage I load reduction program if it
meets the requirements of Items (5) and (6) of this Rule. The Commission shall
approve a Stage II load reduction program if it meets the requirements of Items
(5) and (6) of this Rule unless the Commission finds that the local non-NCDOT
state or federal entity can, through the implementation of reasonable and
cost-effective measures not included in the proposed program, meet the Stage II
nutrient load reductions required by this Rule by a date earlier than that
proposed by the non-NCDOT state or federal entity. If the Commission finds that
there are additional or alternative reasonable and cost-effective measures, the
Commission may require the non-NCDOT state or federal entity to modify its
proposed program to include such measures to achieve the required reductions by
the earlier date. If the Commission requires such modifications, the non-NCDOT
state or federal entity 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 modified program. In
determining whether additional or alternative load reduction measures are
reasonable and cost effective, the Commission shall consider factors including,
but not limited to those identified in Sub-Item (6)(o) of this Rule. The
Commission shall not require additional or alternative measures that would
require a non-NCDOT state or federal entity to:
(a) Install a new stormwater collection
system in an area of existing development unless the area is being redeveloped;
or
(b) Reduce impervious surfaces
within an area of existing development unless the area is being
redeveloped.
(8) A
non-NCDOT state or federal entity shall have the option of working with the
county or counties in which it falls, or with a municipality or municipalities
within the same subwatershed, to jointly meet the loading targets from all
lands within their combined jurisdictions within a subwatershed. The entity may
utilize private or third party sellers. All reductions involving trading with
other parties shall meet the requirements of
15A NCAC
02B .0282.
(9) NCDOT REQUIREMENTS. The NCDOT shall
develop a single Stormwater Management Program that will be applicable to the
entire Falls watershed and submit this program for approval by the Division
according to the standards set forth below. In addition, the program shall, at
a minimum, comply with NCDOT's then-current stormwater permit. This program
shall:
(a) Identify NCDOT stormwater outfalls
from Interstate, US, and NC primary routes;
(b) Identify and eliminate illegal discharges
into the NCDOT's stormwater conveyance system;
(c) Establish a program for post-construction
stormwater runoff control for new development, including new and widening NCDOT
roads and facilities. The program shall establish a process by which the
Division shall review and approve stormwater designs for new NCDOT development
projects. The program shall delineate the scope of vested projects that would
be considered as existing development, and shall define lower thresholds of
significance for activities considered new development. In addition, the
following criteria shall apply:
(i) For new
and widening roads, weigh stations, and replacement of existing bridges,
compliance with the riparian buffer protection requirements of Rules
15A NCAC
02B .0233 and
02B .0242 shall be deemed as
compliance with the purposes of this Rule;
(ii) New non-road development shall achieve
and maintain the nitrogen and phosphorus percentage load reduction objectives
established in
15A NCAC
02B .0275 relative to either area-weighted
average loading rates of all developable lands as of the baseline period
defined in
15A NCAC
02B .0275, or to project-specific
pre-development loading rates. Values for area-weighted average loading rate
targets for nitrogen and phosphorus, respectively, are expressed in units of
pounds per acre per year: 2.2 and 0.33. 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 (13) 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 July 2007 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;
and
(iii) For new non-road
development, the NCDOT shall have the option of offsetting part of their
nitrogen and phosphorus loads by implementing or funding offsite management
measures. Before using an offsite offset option, a development shall implement
structural stormwater controls that achieve 50 percent or more of the needed
load reduction in both nitrogen and phosphorus loading onsite and shall meet
any requirements for engineered stormwater controls described in this Item.
Offsite offsetting measures shall achieve at least equivalent reductions in
nitrogen and phosphorus loading to the remaining reduction needed onsite to
comply with the loading rate targets set out in this Item. The NCDOT may use
any measure that complies with the requirements of Rules .0703 and .0282 of
this Subchapter.
(d)
Establish a program to identify and implement load-reducing opportunities on
existing development within the watershed. The long-term objective of this
effort shall be for the NCDOT to achieve the nutrient load objectives in
15A NCAC
02B .0275 as applied to existing development
under its control, including roads and facilities:
(i) The NCDOT may achieve the nutrient load
reduction objective in
15A NCAC
02B .0275 for existing roadway and
non-roadway development under its control by the development of a load
reduction program that addresses both roadway and non-roadway development in
the Falls watershed. As part of the accounting process described in Item (13)
of this Rule, baseline nutrient loads shall be established for roadways and
industrial facilities 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) The program shall include estimates of,
and plans for offsetting, nutrient load increases from lands developed
subsequent to the baseline period but prior to implementation of its new
development program. It shall include a technical analysis that includes a
proposed implementation rate and schedule. This schedule shall provide for
proportionate annual progress toward reduction objectives as practicable
throughout the proposed compliance period. The program shall identify the types
of activities NCDOT intends to implement and types of existing roadway and
non-roadway development affected, relative proportions or a prioritization of
practices, and the relative magnitude of reductions it expects to achieve from
each;
(iii) The program to address
roadway and non-roadway development may include stormwater retrofits and other
load reducing activities in the watershed including: illicit discharge removal;
street sweeping; source control activities such as fertilizer management at
NCDOT facilities; improvement of existing stormwater structures; use of rain
barrels and cisterns; stormwater capture and reuse; and purchase of nutrient
reduction credits;
(iv) NCDOT may
meet minimum implementation rate and schedule requirements by implementing a
combination of at least six stormwater retrofits per year for existing
development in the Falls watershed or some other minimum amount based on more
accurate reduction estimates developed during the accounting tool development
process;
(v) To the maximum extent
practicable, retrofits shall be designed to treat the runoff generated from all
surfaces by one inch of rainfall, and shall conform to the standards and
criteria established in the most recent version of the Division-approved NCDOT
BMP Toolbox required under NCDOT's NPDES stormwater permit. To establish
removal rates for nutrients for individual practices described in the Toolbox,
NCDOT shall submit technical documentation on the nutrient removal performance
of BMPs in the Toolbox for Division approval. Upon approval, NCDOT shall
incorporate nutrient removal performance data into the BMP Toolbox. If a
retrofit is proposed that is not described in the NCDOT BMP Toolbox, then to
the maximum extent practicable, such retrofit shall conform to the standards
and criteria set forth in the July 2007 version of the Stormwater Best
Management Practices Manual published by the Division, or other technically
equivalent guidance acceptable to the Division;
(e) Initiate 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 objectives established in
15A NCAC
02B .0275 through proper application of
nutrients, both inorganic fertilizer and organic nutrients, to highway rights
of way in the Falls watershed in keeping with the most current state-recognized
technical guidance on proper nutrient management; and
(f) Address compliance with the riparian
buffer protection requirements of
15A NCAC
02B .0233 and
02B .0242 through a Division
approval process.
(10)
NON-NCDOT RULE IMPLEMENTATION. For all state and federal entities that control
lands within the Falls watershed with the exception of the NCDOT, this Rule
shall be implemented as follows:
(a) Upon
Commission approval of the accounting methods required in Item (13) of this
Rule, subject entities shall comply with the requirements of Items (3) and (4)
of this Rule;
(b) By July 15, 2013,
the Division shall submit a Stage I model local program to the Commission for
approval that embodies the criteria described in Items (5) and (6) of this
Rule. The Division shall work in cooperation with subject state and federal
entities and other watershed interests in developing this model program, which
shall include the following:
(i) Methods to
quantify load reduction requirements and resulting load reduction assignments
for individual entities;
(ii)
Methods to account for discharging sand filters, malfunctioning septic systems,
and leaking collection systems; and
(iii) Methods to account for load reduction
credits from various activities;
(c) Within six months after the Commission's
approval of the Stage I model local program, subject entities shall submit load
reduction programs that meet or exceed the requirements of Items (5) and (6) of
this Rule to the Division for review and preliminary approval and shall begin
implementation and tracking of measures to reduce nutrient loads from existing
developed lands owned or controlled by the responsible state or federal
entity;
(d) Within 20 months of the
Commission's approval of the Stage I model local program, the Division shall
provide recommendations to the Commission on existing development load
reduction programs. The Commission shall either approve the programs or require
changes based on the standards set out in Item (4) of this Rule. Should the
Commission require changes, the applicable state or federal entity shall have
two months to submit revisions, and the Division shall provide follow-up
recommendations to the Commission within two months after receiving
revisions;
(e) Within three months
after the Commission's approval of a Stage I existing development load
reduction program, the affected entity shall complete adoption of and begin
implementation of its existing development Stage I load reduction
program;
(f) Upon implementation of
the programs required under Item (4) of this Rule, state and federal entities
subject to this Rule shall provide annual reports to the Division documenting
their progress in implementing those requirements within three months following
each anniversary of program implementation date until such time the Commission
determines they are no longer needed to ensure maintenance of reductions or
that standards are protected. State and federal entities shall indefinitely
maintain and ensure performance of implemented load-reducing
measures;
(g) By January 15, 2021
and every five years thereafter until either accounting determines load
reductions have been achieved, standards are met, or the Commission takes other
actions per
15A NCAC
02B .0275, state and federal entities located
in the upper Falls watershed as defined in Item (3) of
15A NCAC
02B .0275 shall submit and begin
implementation of Stage II load reduction program or program revision to the
Division. Within nine months after submittal, the division shall make
recommendations to the Commission on approval of these programs. The Commission
shall either approve the programs or require changes based on the standards set
out in this Rule. Should the Commission require changes, the applicable state
or federal entity shall submit revisions within two months, and the Division
shall provide follow-up recommendations to the Commission within three months
after receiving revisions. Upon approval, the state or federal entity shall
adjust implementation based on its approved program;
(h) A state or federal entity may, at any
time after commencing implementation of its load reduction program, submit
program revisions to the Division for approval based on identification of more
cost-effective strategies or other factors not originally recognized;
(i) Once either load reductions are achieved
per annual reporting or water quality standards are met in the lake per
15A NCAC
02B .0275, state and federal entities shall
submit programs to ensure no load increases and shall report annually per
Sub-Item (10)(f) on compliance with no increases and take additional actions as
necessary; and
(j) Beginning
January 2016 and every five years thereafter, the Division shall review the
accounting methods stipulated under Sub-Item (10)(a) to determine the need for
revisions to those methods and to loading reductions assigned using those
methods. 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 nutrient removal
efficiencies.
(11) NCDOT
RULE IMPLEMENTATION. For the NCDOT, this Rule, shall be implemented as follows:
(a) By July 2013, the NCDOT shall submit the
Stormwater Management Program for the Falls watershed to the Division for
approval. This Program shall meet or exceed the requirements in Item (9) of
this Rule;
(b) By January 15, 2014,
the Division shall request the Commission's approval of the NCDOT Stormwater
Management Program;
(c) By January
15, 2014, the NCDOT shall implement the Commission-approved Stormwater
Management Program; and
(d) Upon
implementation, the NCDOT shall submit annual reports to the Division
summarizing its activities in implementing each of the requirements in Item (9)
of this Rule. This annual reporting may be incorporated into annual reporting
required under NCDOT's NPDES stormwater permit.
(12) RELATIONSHIP TO OTHER REQUIREMENTS. A
party may in its program submittal 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 Items (4) or (5) of this Rule. The Division shall provide
determination on acceptability of any such alternatives prior to requesting
Commission approval of programs under this Rule. The party shall include in its
program submittal technical information demonstrating the adequacy of the
alternative requirements.
(13)
ACCOUNTING METHODS. By July 15, 2012, the Division shall submit a nutrient
accounting framework to the Commission for approval. This framework shall
include tools for quantifying load reduction assignments on existing
development for parties subject to this Rule, load reduction credits from
various activities on existing developed lands, and a tool that will allow
subject parties to account for loading from new and existing development and
loading changes due to BMP implementation. The Division shall work in
cooperation with subject parties and other watershed interests in developing
this framework. 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;
143-214.3;
143-214.5;
143-214.7;
143-215.1;
143-215.3;
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. 2009-337; S.L. 2009-486;
Eff.
January 15, 2011 (this permanent rule replaces the temporary rule approved by
the RRC on December 16, 2010);
Amended Eff. April 1,
2020.