Department of Environmental Quality PowerPoint Presentation, PPT - DocSlides

Department of Environmental Quality

Annette Lucas, PE

Water Quality Committee Meeting

September 13, 2017

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Why I am back here again?

Request Approval to Proceed to the EMC with proposed amendment to Sub-item (2) (c) (ii)

of 15A NCAC 02H  .1019 (Coastal Stormwater Rule)

It just went into effect on January 1, 2017!

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15A NCAC 02H .1019 (2) APPLICABILITY OF THIS RULE. This Rule shall apply to the following types of developments within the Coastal Counties:

(a) projects that require an Erosion and Sedimentation Control Plan pursuant to G.S. 113A-57;

(b) projects that require a Coastal Area Management Act (CAMA) Major Development Permit pursuant to G.S. 113A-118; and

(c) projects that do not require either an Erosion and Sedimentation Control Plan or a CAMA Major Development Permit, but meet one of the following criteria:

(

i

) nonresidential projects that propose to cumulatively add 10,000 square feet or more of built-upon area; or

(ii) residential projects that are within ½ mile of and draining to SA waters, and propose to cover 12 percent or more of the undeveloped portion of the property with built-upon area.

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(ii) residential projects that are within ½ mile of and draining to SA waters, and propose to cover 12 percent or more of the undeveloped portion of the property with built-upon area.

But S.L. 2008-211 applies to “residential development activities within the 20 Coastal Counties that are located within one-half mile and draining to Class SA waters, that

have a built upon area greater than 12 percent, that will add more than 10,000 square feet of built upon area, and that does not require a Sedimentation and Erosion Control Plan, pursuant to G.S. 113A-57 or a CAMA Major Development Permit.

”

NOTE THE DISCREPENCY!

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How did this happen?

MDC Team proposed many changes to the Coastal SW Rule.

In DEQ’s

Report on Stormwater Program to fulfill the requirements of Session Law 2015-286

, we explained the proposed changes to the Coastal SW Rule & suggested changes in S.L. to accommodate them.

The ERC did not submit any recommendations to the 2016 Regular Session of the 2015 General Assembly and thus no changes were made in S.L. 2008-211.

After the public comment period for the SW rule package in Spring 2016, DEQ changed the Coastal Rule back to S.L. 2008-211 requirements.

Or we meant to, but we forgot to change this item.

Department of Environmental Quality

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So what happens now?

Another rulemaking to correct the Coastal SW rule!

DEQ was planning to do this anyway, but on August 3, 2017, Senate Bill 16 was ratified, which says:

DEQ “

shall not require a State stormwater permit for a residential project unless the residential project would cumulatively add more than 10,000 square feet of built upon area

” and

The EMC “

shall adopt a rule to amend the Coastal Stormwater Rule consistent with [the 10,000 square foot exemption]

.”

Department of Environmental Quality

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Department of Environmental Quality

15A NCAC 02H .1019 (2) APPLICABILITY OF THIS RULE. This Rule shall apply to the following types of developments within the Coastal Counties:

(a) projects that require an Erosion and Sedimentation Control Plan pursuant to G.S. 113A-57;

(b) projects that require a Coastal Area Management Act (CAMA) Major Development Permit pursuant to G.S. 113A-118; and

(c) projects that do not require either an Erosion and Sedimentation Control Plan or a CAMA Major Development Permit, but meet one of the following criteria:

(

i

) nonresidential projects that propose to cumulatively add 10,000 square feet or more of built-upon area; or

(ii)

residential projects that are within ½ mile of and draining to SA waters, and propose to

cumulatively add more than 10,000 square feet of built upon area and result in a built-upon area greater than

cover

12 percent

for the project.

or more of the undeveloped portion of the property with built-upon area

.

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Draft Rulemaking Schedule

Sep 13, 2017 DEQ staff seek approval from the WQC to proceed to the EMC

Sept - Oct 2017 DEQ staff develop the Regulatory Impact Analysis

Nov 9, 2017 DEQ staff seek approval from the EMC to take rule change and RIA to public notice & hearing

Nov 22, 2017 DEQ staff submit notice of text to OAH

Dec 15, 2017 Rule change is published in the NC Register and 60-day comment period begins

Dec 30, 2017 Earliest date of public hearing

Feb 13, 2018 End of public comment period

May 10, 2018 EMC adopts rule change

Jun 21, 2018 RRC approves rule

Jul 1, 2018 Effective date of updated rule

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Our Request to the WQC

Please approve this proposed amendment to

Sub-item (2) (c) (ii) of 15A NCAC 02H .1019 (Coastal Stormwater Rule)

to proceed to the EMC in November 2017.

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Questions?

Department of Environmental Quality