Current through Register Vol. 39, No. 6, September 16, 2024
The following is the stormwater management strategy for the
Randleman Lake watershed:
(1)
IMPLEMENTING AUTHORITY. The requirements of this Rule shall be implemented by
local governments that have land use authority within the Randleman Lake
watershed. State agencies shall also comply with this Rule insofar as required
by G.S.
143-214.5 and in accordance with Rule .0622
of this Subchapter.
(2)
SUBWATERSHEDS. For the purpose of this Rule, the Randleman Lake Watershed is
divided into subwatersheds as follows:
(a) the
upper portion of the watershed is defined as those waters and lands of the Deep
River watershed that drain to the Oakdale-Cotton Mill Dam;
(b) the lower portion of the watershed are
those waters and lands of the Deep River upstream and draining to the Randleman
Lake Dam, from the Oakdale-Cotton Mill Dam to the Randleman Dam;
(c) Oak Hollow Lake subwatershed is defined
as all land areas draining to Oak Hollow Lake;
(d) High Point Lake subwatershed is defined
as all land areas draining to High Point Lake, East Fork Deep River and West
Fork Deep River from Oak Hollow Lake Dam; and
(e) Deep River 1 subwatershed is defined as
all land areas draining to the Deep River from High Point Lake Dam to Freeman
Mill Dam.
(3)
COMPREHENSIVE STORMWATER MANAGEMENT PLANS. All local governments with
jurisdiction in the Randleman Lake watershed shall implement and maintain
stormwater management plans that meet or exceed the criteria set forth in this
Item of this Rule. Stormwater management plans shall include the following:
(a) evaluation of existing land use within
Oak Hollow Lake subwatershed, High Point Lake subwatershed, and Deep River 1
subwatershed in the Randleman Lake watershed with recommendations that show how
overall built-upon area (for existing and future development) for each
subwatershed can be minimized and high intensity land uses can be targeted away
from surface waters and sensitive receiving waters as defined by
15A NCAC
02H .0150. This evaluation shall be done by
the local governments having jurisdiction in those watersheds, working in
cooperation with the Piedmont Triad Regional Water Authority;
(b) coordination between all affected
jurisdictions to encourage their development in the existing urban areas. The
planning effort shall include provisions for areas of contiguous open space to
be protected through conservation easements or other long-term protection
measures and provisions to direct infrastructure growth towards existing urban
development corridors rather than to rural lands;
(c) evaluation of existing ordinances,
municipal programs (maintenance, street cleaning, etc.), and other local
policies to identify opportunities for stormwater quality improvements,
including reducing the amount of built-upon area that is required for uses such
as parking, building setbacks, road widths, and cul-de-sacs. The evaluations
shall consider development options such as multiple story buildings, mixed use
to encourage pedestrian travel and mass transit, and an identification of
municipal activities and procedures that may be modified to allow for
stormwater pollution prevention opportunities;
(d) implementation of watershed protection
public education programs;
(e)
identification and removal of illegal discharges; and
(f) identification of suitable locations for
potential stormwater retrofits (such as riparian areas) that may be funded by
various sources.
(4)
RANDLEMAN LAKE WATERSHED ORDINANCES. Local governments with jurisdiction in the
Randleman Lake watershed shall implement local ordinances that meet or exceed
the provisions of Items (5) and (6) of this Rule in accordance with their
location in the Randleman Lake watershed and in coordination with the Piedmont
Triad Regional Water Authority. All revisions to these local ordinances shall
be submitted to the Commission for review and approval. Ordinances that meet or
exceed the provisions of Items (5) and (6) of this Rule shall be approved by
the Commission.
(5) REQUIREMENTS
FOR THE UPPER PORTION OF THE WATERSHED. Local governments with jurisdiction in
the upper portion of the Randleman Lake watershed shall adopt ordinances that
meet or exceed the State's minimum rules for a Class WS-IV watershed as
specified in
15A NCAC
02B .0216 and
15A NCAC
02B .0620 through
02B .0624 in addition to meeting
the riparian area protection requirements of
15A NCAC
02B .0724.
(6) REQUIREMENTS FOR THE LOWER PORTION OF THE
WATERSHED. Local governments with jurisdiction in the lower portion of the
Randleman Lake watershed shall adopt ordinances that meet the riparian area
protection requirements set forth in
15A NCAC
02B .0724. Local ordinances shall also meet
or exceed the State's minimum requirements for a Class WS-IV watershed set
forth in 15A NCAC 02B .0620 through
02B .0624 except that the
following requirements shall supersede the equivalent provisions of
15A NCAC
02B .0624, as specified:
(a) the following maximum allowable project
densities and minimum lot sizes shall supersede the requirements of
15A NCAC
02B .0624(3) and shall apply
to a project according to its relative location in the watershed (Critical Area
versus Protected Area), its project density (low density versus high density),
and the type of development (single-family detached residential versus all
other types):
|
Location in the Watershed
|
Maximum Allowable Project Density or Minimum Lot
Size
|
|
Low Density Development
|
High Density Development
|
|
Single-family detached residential
|
Non-residential and all other residential
|
All types
|
|
Critical Area
|
1 dwelling unit per 2 acres or
80,000 square foot lot or
6% built-upon area
|
6% built-upon area
|
6 to 30% built-upon area
|
|
Protected Area
|
1 dwelling unit per acre or 40,000 square foot lot
or
12% built-upon area
|
12% built-upon area
|
12 to 50% built-upon area;
|
(b) for high density development, the
following vegetated setback requirements shall be in addition to the riparian
area protection requirements set forth in
15A NCAC
02B .0724 and shall supersede the
requirements of
15A NCAC
02B .0624(11):
(i) vegetated setbacks for high density
development shall be located at least 100 feet from perennial waterbodies and
perennial streams indicated on the most recent versions of the United States
Geological Survey (USGS) 1:24,000 scale (7.5 minute) quadrangle topographic
maps, which is herein incorporated by reference and are available at no cost at
http://www.usgs.gov/pubprod/,
or the most recent version of the published manuscript of the soil survey map
that shows stream layers prepared by the Natural Resources Conservation Service
of the United States Department of Agriculture, which are herein incorporated
by reference and are available at no cost at
http://www.nrcs.usda.gov/wps/portal/nrcs/main/soils/survey/;
(ii) the width of a vegetated setback shall
be measured horizontally from the normal pool elevation of impounded
structures, from the top of bank of each side of streams or rivers, and from
the mean high waterline of tidal waters, perpendicular to the
shoreline;
(iii) vegetated setbacks
may be cleared or graded, but shall be replanted and maintained in grass or
other vegetation; and
(iv) no new
built-upon area shall be allowed in the vegetated setback except for
publicly-funded linear projects such as roads, greenways, and sidewalks, water
dependent structures such as docks, and minimal footprint uses such as poles,
signs, utility appurtenances, and security lights where it is not practical to
locate the built-upon area elsewhere. Built-upon area associated with these
uses shall be minimized and the channelization of stormwater runoff shall be
avoided.
(c) outside of
the critical areas, as defined in
15A NCAC
02B .0202, a local government may submit an
alternative high density option to the Commission as part of the submittal of
the local water supply watershed protection ordinance in order to allow
development to exceed 50 percent built-upon area. The alternative ordinance
shall be approved by the Commission if the Commission determines that it
provides equal or greater water quality protection to the Randleman Lake
reservoir and its tributaries;
(d)
no new permitted sites for land application of residuals or petroleum
contaminated soils shall be allowed in the critical areas; and
(e) no new landfills shall be allowed in the
critical areas.
(7)
Local governments shall have the option to develop more stringent local
stormwater management plans and watershed ordinances. Local stormwater
management programs and ordinances, and modifications to these programs and
ordinances, shall be submitted to the Commission for review and approval and
kept on file by the Division. The Commission shall approve the local stormwater
management plans and watershed ordinances if they meet or exceed the
requirements set forth in this Rule.
(8) If a local government fails to implement
an approved plan, then stormwater management requirements for existing and new
urban areas within its jurisdiction shall be administered through the NPDES
municipal stormwater permitting program per
15A NCAC
02H .0126 which shall include:
(a) subject local governments shall be
required to develop and implement comprehensive stormwater management programs
for both existing and new development;
(b) these stormwater management programs
shall provide all components that are required of local government stormwater
programs in this Rule; and
(c)
local governments that are subject to an NPDES permit shall be covered by the
permit for at least one permitting cycle (five years) before they are eligible
to submit a revised local stormwater management component of their water supply
watershed protection program for consideration and approval by the Commission.
Revised ordinances that meet or exceed the provisions of Items (5) and (6) of
this Rule shall be approved by the Commission.
Authority
G.S.
143-214.1;
143-214.5;
143-214.7;
143-215.1;
143-215.3(a)(1);
Eff. April 1, 1999;
Readopted Eff. June 15, 2020 (The provisions of
this Rule were transferred from
15A NCAC
02B .0251).
