Proposed Amendments to Coastal Stormwater Rule

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Proposed Amendments to Coastal Stormwater Rule

• Hearing Officers Report Recommendations
• EMC Meeting
• January 10, 2008

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Why did the EMC propose changing these rules?

• In 2005 DWQ performed study that demonstrated
  inadequacies in current rule.

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Shellfishing Closures
1988
2005
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Overview of Rulemaking

• EMC authorized Public Notice in May 2007.
• Hearing Officers Drs Peterson Larkin, Mr.
  Waldroup
• Notice published in Aug 15 NC Register
• 4 Public hearings Attended by approx. 560
• Washington, Manteo, Morehead City, Wilmington
• Comment period closed Oct 15.
• Approx. 1500 written comments received.

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Most Controversial Aspects

• Proposed 10,000 square foot threshold.
• Prohibition of wetlands from imp surf.
  calculations.
• Expansion of setback from 30 to 50 feet.

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What are the recommended changes?
Within ½ mile draining to shellfishing (SA)
waters
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What are the recommended changes?
Not within ½ mile and draining to shellfish
waters.
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Other Hearing Officer Recommendations

• Increase setback to 50 ft for new development.
• Retain 30 ft setback for redevelopment.
• No wetlands in impervious surface calculations.
• Infiltration not mandatory within ½ mile of SA
  waters.
• Other BMPs allowed.
• Modify Threshold for Commercial Development
• Lower threshold to 10,000 ft2 for non-residential
  proj.
• Retain 1 acre for SW Permit for residential
  projects

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Other Hearing Officer Recommendations

• For residential projects 10,000 ft2, but acre, require 1 of the following 3
• Rain cisterns Permeable pavement, or
• Rain garden Permeable pavement, or
• Other appropriate BMP
• No State Stormwater Permit required.
• Support sustainable development in Coastal NC.

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Other Points from Public Comment

• Redevelopment provision still applies.
• Allows rebuilding from hurricane / fire.
• Original DWQ Study based on statewide trends
  data.
• Common law/ statutory vested rights apply to
  rules.
• Other exclusions possible from General Assembly.
• Many Non-Coastal Counties already regulated.
• Many non-coastal programs more stringent

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Other Points from Public Comment

• Effect on affordable housing 3000 for single
  family residence.
• Unbuilt lots in existing subdivisions probably
  exempted.
• NC DOT not exempted from stormwater requirements.
• DOT has statewide NPDES Stormwater Permit
• Minimum separation from high water table same as
  existing requirement.
• USMP alternative available for local govts.

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Substantial Change Issue

• Changes do not expand coverage.
• Changes less stringent than what was noticed.
• No requirement for State Stormwater Permit.
• Small residential development free to choose BMP.
• No mandate for rain barrels, permeable pavement,
  etc
• Only recommendations to support sustainable
  dev./LID
• Potential exclusion of all wetlands clearly
  noticed.
• Met with Counsels to RRC on this issue.

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Information/Education on Rule Change

• Website initiated.
• Contains complete Hearing Report, Rule, Other
  Info
• Web address http//h2o.enr.state.nc.us/su/coastal
  .htm
• Fact sheets developed.
• Explains reasons for impact of rule change.
• Long Brochure versions.
• Soon available on website.

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Next Steps

• Review by Rules Review Comm.
• Probable legislative review.
• Changes could become effective Aug 1, 2008.

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Questions Comments