Current through Register Vol. 39, No. 6, September 16, 2024
The following is the stormwater management strategy for the
Neuse River Basin:
(1) PURPOSE. The
purpose of this Rule is to achieve and maintain the nitrogen loading reduction
goal established for the Neuse River Estuary in Rule .0710 of this Section from
an undeveloped condition on lands in the Neuse River Basin on which development
occurs. Nothing in this Rule preempts the requirements of
15A NCAC
02B .0277 for projects subject to the Falls
Reservoir Nutrient Strategy or prevents local governments from implementing
requirements that are more restrictive than those set forth in this
Rule.
(2) APPLICABILITY. The
following local governments shall implement the stormwater management
requirements of this Rule, except as noted in Sub-Item (3)(a) of this Rule
where the Department shall implement them. Municipalities shall implement this
Rule throughout their corporate limits and extraterritorial jurisdictions
within the basin, while counties shall implement throughout their territorial
jurisdictions within the basin. Counties named in this Item may implement this
Rule within municipalities not named in this Item in accordance with
G.S.
160A-360(d).
(a) Local governments designated under this
Rule effective August 1998:
(i)
Cary;
(ii) Durham;
(iii) Garner;
(iv) Goldsboro;
(v) Havelock;
(vi) Kinston;
(vii) New Bern;
(viii) Raleigh;
(ix) Smithfield;
(x) Wilson;
(xi) Durham County;
(xii) Johnston County;
(xiii) Orange County;
(xiv) Wake County; and
(xv) Wayne County.
(b) The following additional local
governments as of the effective date of this readoption:
(i) Apex;
(ii) Clayton;
(iii) Fuquay Varina;
(iv) Greenville;
(v) Holly Springs;
(vi) Knightdale;
(vii) Morrisville;
(viii) Rolesville;
(viii) Wake Forest;
(ix) Wendell;
(x) Winterville;
(xi) Craven County;
(xii) Nash County;
(xiii) Pitt County; and
(xiv) Wilson County.
(3) LOCAL PROGRAM IMPLEMENTATION
REQUIREMENTS. All local governments subject to this Rule shall implement
stormwater management programs approved by the Commission following the
timeframes set out in Item (6) of this Rule, or any subsequent modifications to
those plans approved by the Director, according to the following requirements
and the standards contained in Item (5) of this Rule:
(a) The requirement for local government
approval of a stormwater plan for all proposed development projects not
excluded under Item (4) of this Rule. To the extent permitted by federal law,
including 33 USC
26, and where pursuant to
G.S.
153A-454 and
G.S.
160A-459 a local government program does not
review a development project proposed by a State or federal entity for the
requirements of this Rule, the entity shall obtain Department review and
approval.
(b) A plan to ensure
maintenance of SCMs implemented to comply with this Rule for the life of the
development;
(c) A plan to ensure
enforcement and compliance with the provisions in Item (5) of this Rule for the
life of the development;
(d) A
public education program to inform citizens how to reduce nutrient pollution
and to inform developers about the nutrient requirements set forth in Item (5)
of this Rule;
(e) A mapping program
that includes major components of the municipal separate storm sewer system,
waters of the State, land use types, and location of sanitary sewers;
and
(f) A program to identify and
remove illegal discharges.
(4) DEVELOPMENT EXCLUDED. The following
development activities shall not be subject to this Rule:
(a) Projects disturbing less than:
(i) one acre for single family and duplex
residential property and recreational facilities; and
(ii) one-half acre for commercial,
industrial, institutional, multifamily residential, or local government land
uses with the following exception: Projects below one-half acre that would
replace or expand existing structures on a parcel, resulting in a cumulative
built-upon area for the parcel exceeding twenty-four percent, shall be subject
to Item (5) of this Rule;
(b) Development of an individual
single-family or duplex residential lot that:
(i) Is not part of a larger common plan of
development or sale as defined in
15A NCAC
02H .1002; and
(ii) Does not result in greater than five
percent built upon area on the lot;
(c) Projects subject to requirements of the
Falls Nutrient Strategy New Development Stormwater rule,
15A NCAC
02B .0277;
(d) Existing development as defined in
15A NCAC
02H .1002;
(e) Redevelopment as defined in
G.S.
143-214.7(a1)(2);
and
(f) Activities subject to
requirements of the Neuse Agriculture rule,
15A NCAC
02B .0712.
(5) DEVELOPMENT PROJECT REQUIREMENTS. A
proposed development project not excluded under Item (4) of this Rule shall be
approved by a subject local government for the purpose of this Rule when the
applicable requirements of Item (3) of this Rule and the following criteria are
met.
(a) The project, as defined in State
stormwater rule
15A NCAC
02H .1002, shall meet either a nitrogen
loading rate target of 3.6 pounds/acre/year or "runoff volume match" as defined
in that Rule. Proposed development projects that would replace or expand
existing structures and result in a net increase in built-upon area shall meet
one of these options for the project less any existing built-upon area.
(b) Regarding stormwater treatment
and other onsite post-construction elements, projects not subject to more
stringent standards under one of the following State stormwater rules or a
local ordinance shall meet
15A NCAC
02H .1003, which includes specifications for
low- and high-density designs, vegetated setbacks, and stormwater outlets for
all projects. Such projects shall use a high-density treatment threshold of
twenty four percent or greater built-upon area and a storm depth of one inch
for SCM design:
(i) Water Supply Watershed
Protection rules,
15A NCAC
02B .0620 through
02B .0624;
(ii) Coastal Counties stormwater rule
15A NCAC
02H .1019; or
(iii) Non-Coastal County HWQs and ORWs rule
15A NCAC
02H .1021.
(c) The following are exceptions to the
onsite requirements of Sub-Item (b) of this Item:
(i) Proposed development projects may utilize
an offsite SCM that is dedicated to treating an area encompassing the project,
provided the SCM is designed to meet all applicable requirements identified in
Sub-Item (b) of this Item; and
(ii)
Proposed development undertaken by a local government solely as a public road
expansion or public sidewalk project, or proposed development subject to the
jurisdiction of the Surface Transportation Board, may meet the loading rate
target of this Item entirely through use of permanent nutrient offset credit
pursuant to Rule .0703 of this Section.
(d) Where in satisfying the onsite
requirements of Sub-Item (b) of this Item, a project does not meet the loading
rate target of this Item, it may do so through use of permanent nutrient offset
credit pursuant to Rule .0703 of this Section. Persons doing so shall provide
proof of credit acquisition to the permitting authority prior to approval of
the development plan.
(e) Untreated
nutrient loading rates from the project area shall be determined through the
use of the tool most recently approved by the Division to have met the
following criteria, or through an alternative method that meets or exceeds the
following criteria, as determined by the Division:
(i) Provides site-scale estimates of annual
precipitation-driven total nitrogen load;
(ii) From all land cover types on a project
site at build-out;
(iii) Based on
land-cover-specific nitrogen and phosphorus loading coefficients and annual
runoff volume; and
(iv) Is
supported by the weight of evidence from available, current, and applicable
research.
(f) Nutrient
loading rate reductions resulting from the use of SCMs shall be determined
through the use of the tool most recently approved by the Division to have met
the following criteria, or through an alternative method that meets or exceeds
the following criteria, as determined by the Division:
(i) Provides project site loading reduction
estimates from the installation of Department of Energy, Mineral and Land
Resources (DEMLR) approved SCMs;
(ii) Reductions apply to the portion of the
project's runoff volume that is directed to the SCMs;
(iii) The method partitions the runoff volume
processed by the SCM among hydrologic fates and assigns nutrient concentrations
to each of those fates; and
(iv)
The method is supported by the weight of evidence from available, current, and
applicable research.
(g)
Proposed development projects shall demonstrate compliance with the riparian
buffer protection requirements set forth in
15A NCAC
02B .0233.
(6) RULE IMPLEMENTATION
(a) Within eight months of the effective date
of this Rule, the Division shall submit a model local stormwater program
embodying the elements in Items (3) through (5) of this Rule to the Commission
for approval. The Division shall work with subject local governments in
developing this model program.
(b)
Local governments designated pursuant to Sub-Item (2)(a) of this Rule and
additional local governments designated pursuant to Sub-Item (2)(b) of this
Rule shall submit a local stormwater program for approval by the Commission
within six months and 12 months, respectively, of the Commission's approval of
the model local program. These local programs shall meet or exceed the
requirements in Items (3) through (5) of this Rule.
(c) The Division shall provide
recommendations to the Commission regarding proposed local programs. The
Commission shall approve programs or require changes based on the standards set
out in Items (3) through (5) of this Rule. Should the Commission require
changes, the applicable local government shall have three months to submit
revisions, and the Division shall provide follow-up recommendations to the
Commission within two months after receiving revisions.
(d) Within six months after the Commission's
approval of a local program, the local government shall complete adoption of
and implement its local stormwater program.
(e) Local governments administering a
stormwater program shall submit annual reports in electronic format to the
Division documenting their progress regarding each implementation requirement
in Item (3) of this Rule and net changes to nitrogen load by October
30th of each year. Annual reports shall also include
as appendices all data utilized by nutrient calculation tools for each
development stormwater plan approved in accordance with this Rule.
(f) Any significant modifications to a local
program following its approval pursuant to the requirements of this Item shall
be submitted to the Director for approval.
(7) COMPLIANCE. A local government's
authority to approve development stormwater plans for compliance with this Rule
pursuant to Item (5) of this Rule shall be contingent upon maintaining its own
compliance with this Rule. A local government that fails to submit an
acceptable local stormwater program within the timeframe established in this
Rule, fails to implement an approved program, or fails to comply with annual
reporting requirements shall be in violation of this Rule.
Authority
G.S.
143-214.1;
143-214.7;
143-214.26;
143-215.1;
143-215.3(a)(1);
143-215.8B;
143B-282; S.L. 1995, c.
572;
Eff. August 1, 1998;
Amended Eff. January 15, 2011
(this permanent rule replaces the temporary rule approved by the RRC on
December 16, 2010);
Recodified from
15A NCAC
02B .0235 Eff. April 1, 2020;
Readopted Eff. April 1, 2020.
