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Stormwater Fast-Track Permitting Stormwater Rules Review Re-Adoption

Annette Lucas, PE

NC Division of Energy, Mineral and Land Resources Stormwater Program

PERMIT

Stormwater Fast‐Track Permitting

§ 143-214.7B requires that the fast-track permitting program include:

• Issuance of permits without a technical review.
• A process for insuring compliance with MDC.
• A process for establishing liability.
• Specification of who is qualified to submit.

Fast track permits must comply with state WQ standards.

Fast‐Track: Legislative Mandate

Fast‐Track: The Team’s Approach

Instead of reviewing plans at initial application, DEMLR will review as-builts for compliance with the MDC.

No

Yes Yes Yes No Incomplete: May re‐submit. Ineligible: May submit to regular

• r express programs.

DEMLR reviews as‐builts within 15 days for completeness and 40 days for compliance. Do the as‐builts comply with the MDC? Final permit. Enforcement action. Authorization to construct permit. Project constructed & completed. Applicant submits as‐builts. No No Applicant brings project into compliance with MDC and submits updated as‐builts. A Schedule for Compliance in 30 days? Is project eligible & application complete?

Regular/Express Fast‐Track Who may submit Licensed prof. PE # of submittals/permits 1 2 Time for initial permit Up to 90 days Up to 30 days Vary from MDC? Yes No Engineer of record required? No Yes Yardstick for compliance Approved plans MDC

Regular V. Express Permitting

Rules Review & Re‐Adoption

§ 150B-21.3A directs state agencies to review and update their rules every 10 years.

Rule Re-Adoption: Legislative Mandate

Fast‐track/ MDC Rules Review & Re‐Adoption A single rule‐making

• Decreases repetition
• Clarifies requirements
• Incorporates current technology
• Improves consistency
• Codifies policies that are requirements

Benefits of Rule Re-Adoption:

.1001 Stormwater Management Policy .1002 Definitions .1003 Stormwater Management: Coverage: Application: Fees .1005 Stormwater Requirements: Coastal Counties .1006 Stormwater Requirements: High Quality Waters .1007 Stormwater Requirements: Outstanding Resource Waters .1008 Design of Stormwater Management Measures .1009 Staff Review and Permit Preparation .1010 Final Action on Permit Applications to the Division .1011 Modification and Revocation of Permits .1012 Delegation of Authority .1013 General Permits .1014 Stormwater Management for Urbanizing Areas .1015 Urbanizing Areas Definitions .1016 Development in Urbanizing Areas .1017 Post-Construction Practices .1020 Universal Stormwater Management Program

2H 1001 2H 1002 2H 1003

Current Organization of 02H .1000 Section:

.1001 Post-Construction Stormwater Management .1002 Definitions .1003 MDC for All Subject Projects .1016 Development in Urbanizing Areas: Applicability .1017 NPDES and Urbanizing Areas: Post-Construction .1018 Urbanizing Areas: Delegation .1019 Coastal Counties: MDC .1020 Universal Stormwater Management Program .1021 Non-Coastal County HQW and ORW: MDC .1040 Permit Administration .1041 General Permits .1042 Standard Permitting Process .1043 Fast Track Permitting Process: Authorization to Construct .1044 Fast Track Permitting Process: Final Permit .1045 Permit Transfers and Renewals .1050 MDC for all Stormwater Control Measures .1051-.1062 MDC for Individual SCMs

2H 1001 2H 1002 2H 1003

Proposed New Organization of 02H .1000 Section:

.0126 Stormwater Discharges .0150 Definitions .0151 Designation and Petition Process .0152 Development in Urbanized Areas – REPEAL (.1016) .0153 Program Implementation .0154 Post-Construction Practices – REPEAL (.1017)

Also, some changes in 02H .0100:

.1005 Stormwater Requirements: Coastal Counties .1006 Stormwater Requirements: HQW .1007 Stormwater Requirements: ORW .1008 Design of Stormwater Management Measures .1009 Staff Review and Permit Preparation .1010 Final Action on Permit Applications .1011 Modification and Revocation of Permits .1012 Delegation of Authority .1013 General Permits .1014 Stormwater Management for Urbanizing Areas .1015 Development in Urbanizing Areas

Repealed…. but not Forgotten:

Most updates are organizational. . . Several substantive changes:

• MDC & fast‐track
• Project density
• Disconnection instead of swales
• Treatment volume in Coastal Counties
• Coastal County exemptions universal
• Vegetated setbacks in Non‐Coastal HQW & ORW

Codifies method for computing project density

Project area excludes:

• Areas below the Normal

High Water (NHW); and

• Coastal wetlands.

Density = BUA Project Area Density = BUA – existing BUA Project Area – existing BUA

Encourages disconnection instead of swales

(b) DIFFUSE FLOW. Projects shall be designed to maximize

diffuse flow through vegetated areas and minimize channelization of flow; (c) VEGETATED CONVEYANCES. Stormwater that cannot be released as diffuse flow shall be transported by vegetated conveyances.

Updates treatment volume in Coastal Counties

P-90 storm (inches) P-95 storm (inches) 1-year, 24-hour storm (inches) Cape Hatteras 1.76 2.40 3.99 Kill Devil Hills 1.48 2.09 3.31 Manteo 1.58 2.15 3.42 Wilmington 1.74 2.45 3.85 Current Proposed SA Waters 1-year, 24-hour storm P-95 storm Non-SA Waters 1.5 inch storm P-90 storm

0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% 0.5 1 1.5 2 2.5 3 3.5 4

Storm Probability Curve for Wilmington, NC Storm depth in inches

0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% 0.5 1 1.5 2 2.5 3 3.5 4

Storm depth in inches Storm Probability Curve for Wilmington, NC

Using the 1-yr, 24-hr storm instead of the P95 storm makes the SCM 57% larger in order to capture this much additional volume.

Andrew Anderson, NCSU‐BAE

Make Coastal County Exemptions Universal Stormwater program does not apply to:

• Minor modifications.
• Projects that already have a stormwater permit.
• Projects with vested rights.

Vegetated setbacks in Non-Coastal HQW & ORW

Why?

• NPDES has 30 feet for both low and high density.
• Setbacks are needed to protect use support &

avoid flooding problems.

Current Proposed Low density 30 feet 30 feet High density None 30 feet

Visit the Stormwater Rules Re-Adoption web site: http://portal.ncdenr.org/web/lr/rule-readoption

Want to find out more?

Proposed Schedule for Rule Re-Adoption

Sep-Dec 2015 DEMLR develops fiscal note Nov 12, 2015 WQC approves rule text Jan 14, 2016 EMC approves rule & fiscal note Jan 15, 2016 OSBM certifies fiscal note Jan 20, 2016 DEMLR files rule & fiscal note in Register Feb 17, 2016 Comment period begins Mar 2016 Public hearing(s) Apr 17, 2016 Comment period ends Jul 13, 2016 EMC adopts rule

Three QUICK Final Public Service Announcements

#1: DEMLR would appreciate your comments on the proposed rules.

#2: Sign up for the DEMLR stormwater list serve.

#3:

We’re moving toward more flexibility: Meet the PURPOSE of the SCM rather than the letter of the BMP manual.

Stormwater Fast-Track Permitting Stormwater Rules Review Re-Adoption

Annette Lucas, PE

NC Division of Energy, Mineral and Land Resources Stormwater Program