HomeMy WebLinkAboutAgenda - 09-04-2014-13 (7)INFORMATION ITEM
PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
Current Planning 131 W. Margaret Lane
(919) 245 -2575 Suite 201
(919) 644 -3002 (FAX) ORANGE COUNTY P. O. Box 8181
www.orangecountync.gov NORTH CAROLINA Hillsborough, NC 27278
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MEMORANDUM
TO: Board of County Commissioners
Bonnie Hammersley, County Manager
FROM: Craig Benedict, Planning Director
Michael D. Harvey, Current Planning Supervisor
DATE: September 4, 2014
SUBJECT: Information Item — State Clarification of What Constitutes Impervious
Surface
Please accept the following memorandum as an update on recent changes in State law
concerning the types of surfaces that constitute impervious surface from a watershed
stormwater management perspective. This information was requested by a BOCC
member sin the spring.
BACKGROUND: During the 2013 legislative session, N.C. General Statute 143 - 214.7,
dealing with stormwater management standards, was amended to exclude "gravel" from
the definition of "built -upon area."
Since that time, the State Environmental Management Commission (EMC) has
attempted to define the term "gravel" in an effort to provide local governments and State
agencies with guidance on what the exemption means (i.e. what type of gravel is
considered exempt).
This was necessitated by the fact there are several existing State statutes and industry
standards that define the term `gravel' differently from one another. Some examples of
what the EMC found during their review process were:
• Within the stone, sand and gravel industry, gravel is defined as "a loose
aggregate of small rounded water -worn or pounded stones."
• Per the Unified Soil Classification System, gravel is considered rock /stone with a
diameter from 0.08 inches up to 3 inches in size.
• The State Mining Act, as well as the Motor Vehicle Act, use the terms `gravel',
`stone', and `rock' interchangeably and do not provide a distinction between
them.
• Laypersons often use the term "gravel" to refer to any aggregate material, such
as the crushed stone material that is typically used in constructing roads or
parking lots.
With this in mind the EMC proposed the following:
1. Change the definition of built -upon area to read as follows:
... means impervious surface and partially impervious surface to
the extent that the partially impervious surface does not allow
water to infiltrate through the surface and into the subsoil. 'Built
upon area" does not include a wooden slatted deck, the water
area of a swimming pool, or gravel. 1
2. Incorporate a new definition of gravel reading as follows:
a clean or washed loose aggregate of small, rounded, water -worn
or pounded stones from a lower limit of 0.08 inches up to 3.0
inches in size. Gravel is not crushed stone or rock.
3. Modify the existing definition of permeable pavement to read:
... means paving material that absorbs water or allows water to
infiltrate through the paving material. Permeable pavement
materials include porous concrete, permeable interlocking
concrete pavers, concrete grid pavers, porous asphalt and any
other material with similar characteristics. (`^rr, acted g „ol shau
of be Ge pSi6jeFe6l Oe 44eable a» ,e p4e p 2
According to State officials these changes will impact what constitutes `built -upon' area
not only for stormwater management projects but also the enforcement/interpretation of
impervious surface limits as they relate to watershed management regulations.
The rule, as proposed, only exempts a specific subset of gravel, specifically gravel that
is: `water -worn or pounded stones from a lower limit of 0.08 inches up to 3.0 inches in
size'. It does not exemat all aravel from beina classified as built -uaon area or exemat
from consideration as an impervious surface.
According to representatives of the State Division of Environment and Natural
Resources (DENR) Land Quality Section /Stormwater Program, this type of gravel is:
`often used as walkways through gardens and yards or around vegetation
because they are pervious (i.e., allow precipitation to infiltrate) but offer a
more aesthetically pleasing and durable surface than exposed soil.
Placement of gravel is usually conducted during dry periods and heavy
This is the proposed new definition. Staff has not included the old definition as it was felt it would create
confusion.
2 Planning staff has highlighted the State's proposed modification in r -e s *i4ke* 4-oiag , *° °*
vehicular and foot traffic is avoided in the gravel area during and after its
placement to avoid compaction of the subsurface and allow water to infiltrate
into the subsoil.
It has been recommended for exemption due to its size and ability to allow for the
natural infiltration of stormwater into the ground. The comment period on these
changes is still on -going with the EMC hopeful that proposed amendments will be
adopted later this year. Please refer to Attachment 1 for additional detail.
County Regulations: Orange County, in accordance with NC General Statute 143
Chapter 21, adopted watershed management standards establishing regulations to
prevent significant future water quality deterioration in `existing or potential future
drinking water reservoirs'. Part of this included the adoption of impervious surface limits
for properties designated as being located within either `protected' or `critical' watershed
areas.
Impervious surface is defined within Article 10 Definitions of the UDO as:
A surface composed of any material that impedes or prevents the natural
infiltration of water into the soil. Such surfaces include concrete, asphalt,
and gravel surfaces. These include, but are not limited to streets and
parking areas, sidewalks, patios, and structures that cover the land.
Impervious surface limits on property vary based on the Watershed Protection Overlay
District. Please refer to Attachment 2 for more information on the location of overlay
districts and the impervious surface limits associated with them.
Currently we `count' gravel surfaces as part of the allowable impervious surface area for
a given parcel of property. The rationale is rooted in the notion that the areas of
property, which are typically utilized as part of a roadway /driveway /parking lot, has to be
sufficiently compacted to accommodate vehicle traffic. This, in turn, makes it difficult to
allow for the natural filtration of water through the rock/soil thereby turning the area into
an impervious surface.
This rationale is consistent with current State policy and practice.
It should be noted:
The County is currently more restrictive than the State with respect to
established impervious surface limits within our Watershed Protection
Overlay Districts.
ii. There is no impervious surface limit on those areas of the county not
located within a `protected' or `critical' Watershed Protection Overlay
District.
This includes areas north of Chapel Hill, around the Town of Hillsborough,
and a portion of land area within the Bingham Township. For more
information please refer to Attachment 2.
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iii. It was not until 1999 that the County required subdivision projects to
accommodate roadway development, with respect to the allocation of
impervious surface area, independent of individual lots.
Orange County's current practice requires the developer to define the total
improved roadway network necessary to support a division of property and
then subtract impervious area this from the cumulative allowable
impervious surface area for a given parcel. The remaining, allowable,
impervious surface area would then be distributed to each proposed lot.
EXAMPLE: Triple Crown Farms Major Residential Subdivision
(approved by the BOCC on June 17, 2014) was 104
acres in area in a Watershed Protection Overlay
District limiting impervious surface area to 6% or
271,814 sq. ft.
The applicant anticipated proposed roadways would
encumber approximately 76,773 sq. ft. leaving
195,172 sq. ft. of impervious surface area available to
support development.
The proposed lots range in size from 1.59 (smallest)
to 6 (largest) acres in area.
The applicant distributed this available impervious
surface area amongst the proposed 20 single - family
residential lots ranging from 4,999 sq. ft. of
impervious surface area for the smallest lot (7.2 %) to
19,490 for the largest lot (7.4 %).
Subdivisions approved prior to 1999 were not required to deduct the road
area from the overall impervious surface limits for a given project.
The result has been confusion for several property owners as to how
much impervious surface area they have truly been allotted as part of the
subdivision process.
If the proposed rule is adopted, it is possible the County will have to modify current
policy if it is to be consistent with State standards to `spell out' the specific class of
gravel exempt from classification as built upon area.
As of right now the County continues to have the option of being more restrictive than
State law. It needs to be remembered there has been discussion of requiring local
governments to be no more restrictive than the State. If this occurs then obviously we
will no longer have this ability.
Issue: Staff and Board members have received numerous complaints /inquiries over the
years related to the possibility of increasing allowable impervious surface area within
various Watershed Protection Overlay districts or exempting gravel as being considered
`impervious surface area'.
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Staff would like to state the following:
a. The temporary rule is still under consideration. While the rule has to be adhered
to, there is the possibility the State will decide to abandon the current exemption
and count all gravel as impervious.
STAFF COMMENT. On Friday August 15, 2014, planning staff was
informed, via e -mail, by a staff member of the Land Quality
Section /Stormwater Program of DENR that the State Legislature is now
considering eliminating the existing gravel exemption altogether.
If this does happen, all gravel will be considered impervious surface.
b. The current rules does not exempt all gravel from being considered impervious
surface area, just a specific type.
c. This `exempted' type of gravel is not typically used in the construction of
roadways or parking areas.
d. If someone were to use a material meeting the definition of gravel as proposed
by the State, staff would not include it within the impervious surface calculation
for a parcel of property consistent with current State policy.
e. The County has procedures in place, specifically Section 4.2.8 of the UDO,
allowing for a property owner to modify the allowable impervious surface area for
a parcel.
This process would involve a property owner either
i. Applying for a variance, or
ii. Proposing the establishment of a conservation easement on an
adjacent parcel of property. This conservation easement would
allow for a defined area to remain in a natural, undeveloped, state
while allowing for the transfer of the impervious surface area to the
subject parcel to facilitate development.
f. Staff is devising a policy for presentation at a future BOCC meeting to address
older subdivisions where impervious surface area for roadways was not
adequately addressed.
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Attachment 1
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
SENATE BILL 112*
Agriculture /Environment/Natural Resources Committee Substitute Adopted 5/14/13
Third Edition Engrossed 5115113
Short Title: Amend Environmental Laws 2013.
Sponsors:
Referred to:
February 21, 2013
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(Public)
A BILL TO BE ENTITLED
AN ACT TO AMEND CERTAIN ENVIRONMENTAL AND NATURAL RESOURCES
LAWS TO (1) CLARIFY THAT EXTENDED - DURATION PERMITS FOR SANITARY
LANDFILLS AND TRANSFER STATIONS AUTHORIZED BY S.L. 2012 -187 ARE
PERMITS FOR OPERATION AS WELL AS CONSTRUCTION; (2) CLARIFY THE
PROCESS FOR APPEALS FROM CIVIL PENALTIES ASSESSED BY A LOCAL
GOVERNMENT THAT HAS ESTABLISHED AND ADMINISTERS AN EROSION
AND SEDIMENTATION CONTROL PROGRAM APPROVED UNDER G.S. 113A -60
AND PROVIDE THAT CIVIL PENALTIES ASSESSED BY A LOCAL GOVERNMENT
PURSUANT TO THE SEDIMENTATION POLLUTION CONTROL ACT OF 1973
SHALL BE REMITTED TO THE CIVIL PENALTY AND FORFEITURE FUND; (3)
AMEND DREDGE AND FILL PERMIT APPLICANT PROCEDURE FOR NOTICE TO
ADJOINING PROPERTY OWNERS; (4) MAKE TECHNICAL AND CONFORMING
CHANGES TO PROTECTED SPECIES, MARINE, AND WILDLIFE RESOURCES
STATUTES; (5) MAKE CLARIFYING AND CONFORMING CHANGES TO THE
STATUTES PERTAINING TO THE MANAGEMENT OF SNAKES AND OTHER
REPTILES; (6) AMEND THE ADMINISTRATIVE PROCEDURE ACT TO PROVIDE
THE WILDLIFE RESOURCES COMMISSION WITH TEMPORARY RULE - MAKING
AUTHORITY FOR MANNER OF TAKE; (7) AMEND THE DEFINITION OF
"BUILT -UPON AREA "; (8) CLARIFY THOSE UNDERGROUND STORAGE TANKS
THAT ARE NOT REQUIRED TO PROVIDE SECONDARY CONTAINMENT UNTIL
JANUARY 1, 2020; (9) AMEND THE RULES THAT PERTAIN TO OPEN BURNING
FOR LAND CLEARING OR RIGHT OF WAY MAINTENANCE; (10) EXEMPT
PONDS THAT ARE CONSTRUCTED AND USED FOR AGRICULTURAL PURPOSES
FROM RIPARIAN BUFFER RULES; (11) PROVIDE FOR LOW -FLOW DESIGN
ALTERNATIVES FOR WASTEWATER SYSTEMS; (12) AMEND THE CONTINUING
EDUCATION REQUIREMENTS FOR CERTIFIED WELL CONTRACTORS; (13)
DIRECT THE DEPARTMENT OF TRANSPORTATION TO ADOPT RULES FOR
SELECTIVE PRUNING WITHIN HIGHWAY RIGHTS -OF -WAY; (14) PROHIBIT
PUBLIC ENTITIES FROM PURCHASING OR ACQUIRING PROPERTY WITH
KNOWN CONTAMINATION WITHOUT APPROVAL OF THE GOVERNOR AND
COUNCIL OF STATE; AND (15) LIMIT LOCAL GOVERNMENT REGULATION OF
STORAGE, RETENTION, OR USE OF NONHAZARDOUS RECYCLED MATERIALS.
The General Assembly of North Carolina enacts:
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General Assembly Of North Carolina
Session 2013 7
PART L CLARIFY THAT EXTENDED - DURATION PERNHTS FOR SANITARY
LANDFILLS AND TRANSFER STATIONS AUTHORIZED BY S.L. 2012 -187 ARE
PERNHTS FOR OPERATION AS WELL AS CONSTRUCTION
SECTION 1. Section 15.1 of S.L. 2012 -187 reads as rewritten:
"SECTION 15.1. No later than July 1, 2013, the Commission for Public Health shall adopt
rules to allow applicants for sanitary landfills the option to (i) apply for a permit to construct
and operate a five -year phase of landfill development and apply to amend the permit to
construct and operate subsequent five -year phases of landfill development; or (ii) apply for a
permit to construct and operate a 10 -year phase of landfill development and apply to amend the
permit to construct and operate subsequent 10 -year phases of landfill development, with a
limited review of the permit five years after issuance of the initial permit and five years after
issuance of each amendment for subsequent phases of development. No later than July 1, 2013,
the Commission shall also adopt rules to allow applicants for permits for transfer stations the
option to (i) apply for a permit with a five -year duration to construct and operate a transfer
station; or (ii) apply for a permit with a 10 -year duration to construct and operate a transfer
station, with a limited review of the permit five years after issuance of the initial permit and
five years after issuance of any amendment to the permit. In developing these rules, the
Department of Environment and Natural Resources shall examine the current fee schedule for
permits for sanitary landfills and transfer stations as set forth under G.S. 130A -295.8 and
formulate recommendations for adjustments to the current fee schedule sufficient to address
any additional demands associated with review of permits issued for 10 -year phases of landfill
development and the issuance permits with a duration of up to 10 years for transfer stations.
The Department shall report its findings and recommendations, including any legislative
proposals, to the Environmental Review Commission on or before December 1, 2012. The rules
required by this section shall not become effective until the fee schedule set forth under
G.S. 130A -295.8 is amended as necessary to address any additional demands associated with
review of permits issued for 10 -year phases of landfill development and the issuance of permits
with a duration of up to 10 years to construct and operate transfer stations."
PART IL CLARIFY LOCAL GOVERNMENT AUTHORITY UNDER THE
SEDIMENTATION AND POLLUTION CONTROL ACT
SECTION 2. G.S. 113A -64 reads as rewritten:
"§ 113A -64. Penalties.
(a) Civil Penalties. —
(1) Any person who violates any of the provisions of this Article or any
ordinance, rule, or order adopted or issued pursuant to this Article by the
Commission or by a local government, or who initiates or continues a
land- disturbing activity for which an erosion and sedimentation control plan
is required except in accordance with the terms, conditions, and provisions
of an approved plan, is subject to a civil penalty. The maximum civil penalty
for a violation is five thousand dollars ($5,000). A civil penalty may be
assessed from the date of the violation. Each day of a continuing violation
shall constitute a separate violation.
(2) The Secretary or a local government that administers an erosion and
sedimentation control program approved under G.S. 113A-60 shall
determine the amount of the civil penalty and shall notify the person who is
assessed the civil penalty of the amount of the penalty and the reason for
assessing the penalty. The notice of assessment shall be served by any means
authorized under G.S. Dale -4, andG.S. IA-1. A notice of assessment
by the Secretary shall direct the violator to either pay the assessment or
contest the assessment within 30 days by filing a petition for a contested
Page 2 Senate Bill 112* -Third Edition
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General Assembly Of North Carolina
Session 2013 8
case under Article 3 of Chapter 150B of the General Statutes. If a violator
does not pay a civil penalty assessed by the Secretary within 30 days after it
is due, the Department shall request the Attorney General to institute a civil
action to recover the amount of the assessment. A notice of assessment by
local government shall direct the violator to either pay the assessment or
contest the assessment within 30 daffy filing a petition for hearing with
the local government as directed by procedures within the local ordinances
or regulations adopted to establish and enforce the erosion and sedimentation
control program. If a violator does not pay a civil penalty assessed by a local
government within 30 days after it is due, the local government may institute
a civil action to recover the amount of the assessment. The civil action may
be brought in the superior court of any county where the violation occurred
or the violator's residence or principal place of business is located. A civil
action must be filed within three years of the date the assessment was due.
An assessment that is not contested is due when the violator is served with a
notice of assessment. An assessment that is contested is due at the
conclusion of the administrative and judicial review of the assessment.
(3) In determining the amount of the penalty, the Secretary or a local
government shall consider the degree and extent of harm caused by the
violation, the cost of rectifying the damage, the amount of money the
violator saved by noncompliance, whether the violation was committed
willfully and the prior record of the violator in complying or failing to
comply with this A+tk4-e. Article, or any ordinance, rule, or order adopted or
issued pursuant to this Article by the Commission or by a local government.
(4) Repealed by Session Laws 1993 (Reg. Sess., 1994), c. 776, s. 11.
(5) The clear proceeds of civil penalties collected by the Department or other
State agency or a local government under this subsection shall be remitted to
the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C- 457.2.
Civil penalties eelleeted by a leeal govemment tindef this stibseetion shall be
(b) Criminal Penalties. - Any person who knowingly or willfully violates any provision
of this Article or any ordinance, rule, regulation, or order duly adopted or issued by the
Commission or a local government, or who knowingly or willfully initiates or continues a
land- disturbing activity for which an erosion and sedimentation control plan is required, except
in accordance with the terms, conditions, and provisions of an approved plan, shall be guilty of
a Class 2 misdemeanor that may include a fine not to exceed five thousand dollars ($5,000)."
PART III. AMEND DREDGE AND FILL PERNHT APPLICANT PROCEDURE FOR
NOTICE TO ADJOINING PROPERTY OWNERS
SECTION 3. G.S. 113 -229 reads as rewritten:
"§ 113 -229. Permits to dredge or fill in or about estuarine waters or State -owned lakes.
(d) An applicant for a permit, other than an emergency permit, shall send a , epy of his
notify the owner of each tract of riparian property that adjoins that of the
applicant. The segy- shall be seFv An aplicant may the required notification of
adjoining riparian property owners by either i) obtaining from each adjoining riparian property
owner a signed statement that the adjoining riparian property owner has no objection to the
nronosed nroiect or (ii) orovidiniz a conv of the annlicant's hermit annlication to each adioininiz
riparian property owner by certified mmail. er€If the owner's address is unknown and
cannot be ascertained with due diligence or if a diligent but unsuccessful effort has been made
to serve the copy by certified mail, publication in accordance with the rules of the
Senate Bill 112 * -Third Edition Page 3
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General Assembly Of North Carolina
Session 2013 9
Cemmissieo Commission shall serve to satisfy the notification requirement. An owner may file
written objections to the permit with the Department for 30 days after l+ethe owner is served
with a copy of the a„ application by certified mail. In the case of a special emergency
dredge or fill permit the applicant must certify that I+ethe applicant took all reasonable steps to
notify adjacent riparian owners of the application for a special emergency dredge and fill
permit prior to submission of the application. Upon receipt of this certification, the Secretary
shall issue or deny the permit within the time period specified in subsection (e) of this section,
upon the express understanding from the applicant that the applicant will be entirely liable
and hold the State harmless for all damage to adjacent riparian landowners directly and
proximately caused by the dredging or filling for which approval may be given.
PART IV. TECHNICAL AND CONFORMING CHANGES TO PROTECTED
SPECIES AND MARINE/WILDLIFE RESOURCES STATUTES
SECTION 4.(a) G.S. 113 -129 reads as rewritten:
"§ 113 -129. Definitions relating to resources.
The following definitions and their cognates apply in the description of the various marine
and estuarine and wildlife resources:
(7) Fish; Fishes. — All mafine mammal ;finfish; all shellfish; and all
,staee ns; and all et-hef fishes. crustaceans.
SECTION 4.(b) G.S. 113 -189 reads as rewritten:
"§ 113 -189. Protection of sea .turtles, marine mammals, migratory
birds, and finfish.
(a) It is unlawful to willfully take, harm, disturb or destroy any sea turtles protected
under the federal Endangered Species Act of 1973 (Public Law 93 -205), as it may be
subsequently amended, including green, hawksbill, loggerhead, Kemp's ridley and leatherback
turtles, or their nests or eggs.
(b) It shall be unlawful willfully to take, charm, disturb, or destroy
perpeimse&-.marine mammals protected under the federal Marine Mammal Protection Act of 1972
(Public Law 92-522), as it may be subsequently amended.
(c,) It shall be unlawful willfully to take, harm, disturb, or destroy migratory birds
protected under the federal Migratory Bird Treaty Act of 1918 (16 U.S.C. 703 through 712), as
it may be subsequently amended, unless such action is permitted by regulations.
It shall be unlawful willfully to take, harm, disturb, or destroy finfish protected
under the federal Endanizered Species Act of 1973 (Public Law 93 -205)_ as it may be
subsequently amended."
PART V. CLARIFYING AND CONFORMING CHANGES TO STATUTES
PERTAINING TO THE MANAGEMENT OF SNAKES AND OTHER REPTILES
SECTION 5.(a) G.S. 14 -417 reads as rewritten:
"§ 14 -417. Regulation of ownership or use of venomous reptiles.
(a) It shall be unlawful for any person to own, possess, use, transport, or traffic in any
venomous reptile that is not housed in a sturdy and secure enclosure. Permanent enclosures
shall be designed to be escape - proof, bite - proof, and have an operable lock. Transport
containers shall be designed to be escape -proof and bite - proof.
(b) Each enclosure shall be clearly and visibly labeled "Venomous Reptile Inside" with
scientific name, common name, appropriate ^antivenin, and owner's identifying
information noted on the container. A written bite protocol that includes emergency contact
information, local animal control office, the name and location of suitable ^antivenin,
Page 4 Senate Bill 112 * -Third Edition
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General Assembly Of North Carolina
Session 2013 10
first aid procedures, and treatment guidelines, as well as an escape recovery plan must be
within sight of permanent housing, and a copy must accompany the transport of any venomous
reptile.
(c) In the event of an escape of a venomous reptile, the owner or possessor of the
venomous reptile shall immediately notify local law enforcement."
SECTION 5.(b) G.S. 14 -419 reads as rewritten:
"§ 14 -419. Investigation of suspected violations; seizure and examination of reptiles;
disposition of reptiles.
(a) In any case in which any law- enforcement officer or animal control officer has
probable cause to believe that any of the provisions of this Article have been or are about to be
violated, it shall be the duty of the officer and the officer is authorized, empowered, and
directed to immediately investigate the violation or impending violation and to consult with
representatives of the North Carolina Museum of Natural Sciences or the North Carolina
Zoological Park or a designated representative of either the Museum or Zoological Park to
identify Upropriate and safe methods to seize the reptile or reptiles involved, to seize the
reptile or reptiles involved, and the officer is authorized and directed to deliver: (i) a reptile
believed to be venomous to the North Carolina State Museum of Natural Sciences or to its
designated representative for examination for the purpose of ascertaining whether the reptile is
regulated under this Article; and, (ii) a reptile believed to be a large constricting snake or
crocodilian to the North Carolina Zoological Park for the purpose of ascertaining whether the
reptile is regulated under this Article.
If the Museum or the Zoological Park or their designated representatives find that a
seized reptile is a venomous reptile, large constricting snake, or crocodilian regulated under this
Article, the Museum or the Zoological Park or their designated representative shall determine
final disposition of the reptile in a manner consistent with the safety of the „public, which
in the case of a venomous reptile for which antivenin is not readily available, may include
euthanasia.
U If the Museum or the Zoological Park or their designated representatives find that
the reptile is not a venomous reptile, large constricting snake, or crocodilian regulated under
this Article, and either no criminal warrants or indictments are initiated in connection with the
reptile within 10 days of initial seizure, or a court of law determines that the reptile is not being
owned, possessed, used, transported, or trafficked in violation of this Article, then it shall be the
duty of the law enforcement officer to return the reptile or reptiles to the person from whom
they were seized within 15 days."
PART VI. AMEND THE ADMINISTRATIVE PROCEDURE ACT TO PROVIDE THE
WILDLIFE RESOURCES COMMISSION WITH TEMPORARY RULEMAKING
AUTHORITY FOR MANNER OF TAKE
SECTION 6. G.S. 15013-21.1 reads as rewritten:
"§ 15013-21.1. Procedure for adopting a temporary rule.
(a) Adoption. — An agency may adopt a temporary rule when it finds that adherence to
the notice and hearing requirements of G.S. 15013-21.2 would be contrary to the public interest
and that the immediate adoption of the rule is required by one or more of the following:
(7) The need for the Wildlife Resources Commission to establish any of the
following:
a. No wake zones.
b. Hunting or fishing seasens. seasons, including provisions for manner
of take or any other conditions required for the implementation of
ernnh ceacnn
C. Hunting or fishing bag limits.
Senate Bill 112 * -Third Edition
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d. Management of public game lands as defined in G.S. 113- 129(8a).
PART VII. AMEND DEFINITION OF BUILT -UPON AREA
SECTION 7.(a) Section 12 of S.L. 2004 -163 reads as rewritten:
"SECTION 12. Definitions. — The following definitions apply to this act and its
implementation:
(5) "Built -upon area" means that portion of a development--project that is
covered by impervious , bttt
--- - - - - -- - -1 ---- - - -a-� 1 -- - - - - -- --- -- a-° � -- ° - -_ - - -- __ 1 ° __ - -a - - --1
.surface. "Built -upon
area" does not include a wooden slatted deck, the water area of a swimming
pool, rag vel,or pervious or partially pervious paving material to the extent
that the paving material absorbs water or allows water to infiltrate through
the paving material.
SECTION 7.(b) Section 2 of S.L. 2006 -246 reads as rewritten:
"SECTION 2. Definitions. — The following definitions apply to this act and its
implementation:
(7) "Built -upon area" means that portion of a project that is covered by
impervious of paftiatty impefvietts stfffaee ineitteing, otit not timitee to-,
and feefeation f4eil fies sueh as *°„„is ° w4s surface. "Built -upon area" does
not include a wooden slatted deck, the water area of a swimming pool,
gravel, or pervious or partially pervious paving material to the extent that the
paving material absorbs water or allows water to infiltrate through the
paving material.
PART VIII. CLARIFY THOSE UNDERGROUND STORAGE TANKS THAT ARE
NOT REQUIRED TO PROVIDE SECONDARY CONTAINMENT UNTIL JANUARY
1, 2020
SECTION 8. Section 11.6(a) of S.L. 2011 -394 reads as rewritten:
"SECTION 11.6.(a) Notwithstanding 15A NCAC 02N .0304(a)(5) (Implementation
Schedule for Performance Standards for New UST Systems and Upgrading Requirements for
Existing UST Systems Located in Areas Defined in Rule .0301(d)), all UST systems installed
after January 1, 1991,1991, and prior to April 1, 2001, shall not be required to provide
secondary containment until January 1, 2020."
PART IX. AMEND THE RULES THAT PERTAIN TO OPEN BURNING FOR LAND
CLEARING OR RIGHT -OF -WAY MAINTENANCE
SECTION 9.(a) 15A NCAC 02D .1903 (Open Burning Without an Air Quality
Permit). — Until the effective date of the revised permanent rule that the Commission is
required to adopt pursuant to Section 9(c) of this act, the Commission, the Department, and any
other political subdivision of the State that implements 15A NCAC 02D .1903 (Open Burning
Without an Air Quality Permit) shall implement the rule, as provided in Section 9(b) of this act.
SECTION 9.(b) Implementation. — Notwithstanding 15A NCAC 02D
.1093(b)(2)(F) (Open Burning Without an Air Quality Permit), open burning for land clearing
or right -of -way maintenance is permissible without an air quality permit if materials are not
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carried off site or transported over public roads for open burning unless the materials are
carried or transported to:
(1) Facilities permitted in accordance with 15A NCAC 02D .1904 (Air Curtain
Burners) for the operation of an air curtain burner at a permanent site; or
(2) A location, where the material is burned not more than 4 times per year, that
meets all of the following criteria:
a. At least 500 feet from any dwelling, group of dwellings, or
commercial or institutional establishment, or other occupied structure
not located on the property on which the burning is conducted.
b. There are no more than 2 piles, each 20 feet in diameter, being
burned at one time.
C. The location is not a permitted solid waste management facility.
SECTION 9.(c) Additional Rule- Making Authority. — The Commission shall adopt
a rule to amend 15A NCAC 02D .1903 (Open Burning Without an Air Quality Permit)
consistent with Section 9(b) of this act. Notwithstanding G.S. 150B- 19(4), the rule adopted by
the Commission pursuant to this section shall be substantively identical to the provisions of
Section 9(b) of this act. Rules adopted pursuant to this section are not subject to
G.S. 150B -21.8 through G.S. 150B- 21.14. Rules adopted pursuant to this section shall become
effective as provided in G.S. 150B- 21.3(bl) as though 10 or more written objections had been
received as provided by G.S. 150B- 21.3(b2).
SECTION 9.(d) Sunset. — Section 9(b) of this act expires on the date that rules
adopted pursuant to Section 9(c) of this act become effective.
SECTION 9.(e) G.S. 130A- 294(a) reads as rewritten:
"(a) The Department is authorized and directed to engage in research, conduct
investigations and surveys, make inspections and establish a statewide solid waste management
program. In establishing a program, the Department shall have authority to:
(1) Develop a comprehensive program for implementation of safe and sanitary
practices for management of solid waste;
(2) Advise, consult, cooperate and contract with other State agencies, units of
local government, the federal government, industries and individuals in the
formulation and carrying out of a solid waste management program;
(3) Develop and adopt rules to establish standards for qualification as a
"recycling, reduction or resource recovering facility" or as "recycling,
reduction or resource recovering equipment" for the purpose of special tax
classifications or treatment, and to certify as qualifying those applicants
which meet the established standards. The standards shall be developed to
qualify only those facilities and equipment exclusively used in the actual
waste recycling, reduction or resource recovering process and shall exclude
any incidental or supportive facilities and equipment;
(4) a. Develop a permit system governing the establishment and operation
of solid waste management facilities. A landfill with a disposal area
of 1/2 acre or less for the on -site disposal of land clearing and inert
debris is exempt from the permit requirement of this section and shall
be governed by G.S. 130A- 301.1. The Department shall not approve
an application for a new permit, the renewal of a permit, or a
substantial amendment to a permit for a sanitary landfill, excluding
demolition landfills as defined in the rules of the Commission, except
as provided in subdivisions (3) and (4) of subsection (bl) of this
section. No permit shall be granted for a solid waste management
facility having discharges that are point sources until the Department
has referred the complete plans and specifications to the
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Environmental Management Commission and has received advice in
writing that the plans and specifications are approved in accordance
with the provisions of G.S. 143 - 215.1. If the applicant is a unit of
local government, and has not submitted a solid waste management
plan that has been approved by the Department pursuant to
G.S. 130A- 309.09A(b), the Department may deny a permit for a
sanitary landfill or a facility that disposes of solid waste by
incineration, unless the Commission has not adopted rules pursuant
to G.S. 130A- 309,29 for local solid waste management plans. In any
case where the Department denies a permit for a solid waste
management facility, it shall state in writing the reason for denial and
shall also state its estimate of the changes in the applicant's proposed
activities or plans that will be required for the applicant to obtain a
permit.
d. Management of land clearing debris burned in accordance with 15A
NCAC 02D .1903 shall not require a permit pursuant to this section.
PART X. EXEMPT PONDS THAT ARE CONSTRUCTED AND USED FOR
AGRICULTURAL PURPOSES FROM RIPARIAN BUFFER RULES
SECTION 10.(a) Except as required by federal law or in an imminent threat to
public health or safety (i) the temporary rules adopted July 22, 1997, January 22, 1998, April
22, 1998, and June 22, 1999, and the permanent rule adopted and effective August 1, 2000, as
15A NCAC 02B .0233 regarding the protection and maintenance of existing riparian buffers in
the Neuse River Basin; (ii) the temporary rule adopted January 1, 2000, and the permanent rule
adopted and effective August 1, 2000, as 15A NCAC 02B .0259 regarding the protection and
maintenance of existing riparian buffers in the Tar - Pamlico River Basin; (iii) the permanent
rule adopted and effective August 11, 2009, Session Law 2009 -216, Session Law 2009 -484,
and the permanent rule, as amended, effective September 1, 2011, as 15A NCAC 02B .0267
regarding the protection and maintenance of existing riparian buffers in the Jordan Water
Supply Watershed; (iv) the permanent rule adopted effective April 1, 1999, and the permanent
rule, as amended, effective June 1, 2010, as 15A NCAC 02B .0250 regarding the protection and
maintenance of existing riparian buffers in the Randleman Lake Water Supply Watershed; (v)
the temporary rule effective June 30, 2001, and the permanent rule effective August 1, 2004, as
15A NCAC 02B .0243 regarding the protection and maintenance of existing riparian buffers in
the Catawba River Basin; (vi) the permanent rule adopted and effective February 1, 2009, as
15A NCAC 02B .0605 and the permanent rule adopted and effective February 1, 2009, as 15A
NCAC 02B .0607 regarding the protection and maintenance of existing riparian buffers in the
Goose Creek Watershed (Yadkin Pee -Dee River Basin); (vii) and any similar rule adopted for
the protection and maintenance of riparian buffers, collectively referred to as "Riparian Buffer
Rules" for the purposes of this section; shall not apply to a pond to which Riparian Buffer
Rules would otherwise apply if all of the following conditions are met:
(1) The property on which the pond is located is used for agriculture as that term
is defined in G.S. 106 - 581.1.
(2) Except for the Riparian Buffer Rules and any similar rule adopted for the
protection and maintenance of riparian buffers, the use of the property is in
compliance with all other water quality and water quantity statutes and rules
applicable to the property before the adoption of the Riparian Buffer Rules
for the river basin or watershed in which the property is located.
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1 SECTION 10.(b) If the use of property on which a pond is located changes such
2 that the use no longer meets the criteria in subdivision (1) of subsection (a) of this section, the
3 Riparian Buffer Rules for the river basin or watershed in which the property is located shall
4 apply.
5 SECTION 10.(c) The Commission shall not adopt rules for the protection or
6 maintenance of riparian buffers that apply to ponds provided the ponds are constructed or used
7 for agriculture as that term is defined in G.S. 106 - 581.1.
8 SECTION 10.(d) Units of local government shall not adopt ordinances,
9 resolutions, plans, or policies for the protection or maintenance of riparian buffers that apply to
10 ponds provided the ponds are constructed or used for agriculture as that term is defined in
11 G.S. 106-581.1.
12 SECTION 10.(e) The Environmental Management Commission shall adopt rules
13 to amend the Neuse River Basin Riparian Buffer Rule, the Tar - Pamlico River Basin Riparian
14 Buffer Rule, the Jordan Water Supply Riparian Buffer Rule, the Randleman Lake Water
15 Supply Watershed Riparian Buffer Rule, the Catawba River Basin Riparian Buffer Rule, the
16 Goose Creek Watershed (Yadkin Pee -Dee River Basin) Riparian Buffer Rule, and any other
17 similar riparian buffer rules in accordance with subsections (a), (b), and (c) of this section.
18 Notwithstanding G.S. 150B- 19(4), the rule adopted by the Commission pursuant to this section
19 shall be substantively identical to the provisions of subsections (a), (b), and (c) of this section.
20 Rules adopted pursuant to this section are not subject to G.S. 15013-21.9 through
21 G.S. 15013- 21.14. Rules adopted pursuant to this section shall become effective as provided in
22 G.S. 150B- 21.3(bl) as though 10 or more written objections had been received as provided by
23 G.S. 150B-21.3(b2).
24 SECTION 10.(f) Section 10(a) of this act expires on the date that rules adopted
25 pursuant to Section 10(e) of this act become effective.
26
27 PART XI. PROVIDE FOR LOW -FLOW DESIGN ALTERNATIVES FOR
28 WASTEWATER SYSTEMS
29 SECTION 1L(a) 15A NCAC 18A .1949(b) (Sewage Flow Rates for Design
30 Units). — Until the effective date of the revised permanent rule that the Commission is required
31 to adopt pursuant to Section 11(c) of this act, the Commission, the Department, and any other
32 political subdivision of the State shall implement 15A NCAC 18A .1949 (Sewage Flow Rates
33 for Design Units) as provided in Section 11(b) of this act.
34 SECTION 11.(b) Implementation. — Notwithstanding the Daily Flow for Design
35 rates listed in Table No. 1 of 15A NCAC 18A .1949(b) (Sewage Flow Rates for Design Units),
36 a wastewater system shall be exempt from the Daily Flow for Design, and any other design
37 flow standards that are established by the Department of Health and Human Services or the
38 Commission for Public Health provided flow rates that are less than those listed in Table No. 1
39 of 15A NCAC 18A .1949(b) (Sewage Flow Rates for Design Units) can be achieved through
40 engineering design that utilizes low -flow fixtures and low -flow technologies and the design is
41 prepared, sealed, and signed by a professional engineer licensed pursuant to Chapter 89C of the
42 General Statutes. The Department and Commission may establish lower limits on reduced flow
43 rates as necessary to ensure wastewater system integrity and protect public health, safety, and
44 welfare. Proposed daily design flows for wastewater systems that are calculated to be less than
45 3,000 total gallons per day shall not require State review pursuant to 15A NCAC 18A .1938(e).
46 SECTION 11.(c) Additional Rule- Making Authority. — The Commission shall
47 adopt a rule to amend 15A NCAC 18A .1949(b) (Sewage Flow Rates for Design Units)
48 consistent with Section 11(b) of this act. Notwithstanding G.S. 15013- 19(4), the rule adopted by
49 the Commission pursuant to this section shall be substantively identical to the provisions of
50 Section 11(b) of this act. Rules adopted pursuant to this section are not subject to
51 G.S. 15013-21.8 through G.S. 15013- 21.14. Rules adopted pursuant to this section shall become
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1 effective as provided in G.S. 150B- 21.3(bl) as though 10 or more written objections had been
2 received as provided by G.S. 150B- 21.3(b2).
3 SECTION 1L(d) Sunset. — Section 11(b) of this act expires on the date that rules
4 adopted pursuant to Section 11(c) of this act become effective.
5
6 PART XIL AMEND THE CONTINUING EDUCATION REQUIREMENTS FOR
7 CERTIFIED WELL CONTRACTORS
8 SECTION 12. G.S. 87 -98.12 reads as rewritten:
9 "§ 87- 98.12. Continuing education requirements.
10 In order to continue to be certified under this Article, a well contractor shall satisfactorily
11 complete the nttmber- ^rsix hours of approved continuing education within a three -,year period
12 as required by the Commission. The Commission shall establish the ri,:r:ri,,,ri, r „fflbef of heiir�
13 of eenfintting e&ea ien that shall ze"ir-°ete maintain eeffifieatierrrequirements for
14 completing continuing education within the three -.year period, shall specify the scope of
15 required continuing education courses, and shall approve continuing education courses.”
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17 PART XIIL DIRECT THE DEPARTMENT OF TRANSPORTATION TO ADOPT
18 RULES FOR SELECTIVE PRUNING WITHIN HIGHWAY RIGHTS -OF -WAY
19 SECTION 13. The Department of Transportation shall adopt rules to authorize
20 selective pruning within highway rights -of -way for vegetation that obstructs motorists' views of
21 properties on which agritourism activities, as that term is defined in G.S. 99E -30, occur.
22
23 PART XIV. PROHIBIT PUBLIC ENTITIES FROM PURCHASING OR ACQUIRING
24 PROPERTY WITH KNOWN CONTAMINATION WITHOUT APPROVAL OF THE
25 GOVERNOR AND COUNCIL OF STATE
26 SECTION 14. Chapter 133 of the General Statutes is amended by adding a new
27 Article to read:
28 "Article 4.
29 "Purchase of Contaminated Property by Public Entities.
30 "& 133 -40. Purchase of contaminated property by public entities.
31 (a) For purposes of this Article, the term "public entity" means any entity, department,
32 or agency of the State, a political subdivision, a municipal corporation, a State university or
33 college, a special district, a public authority, and other similar entities.
34 fh) No public entity, as defined in subsection (a) of this section, shall purchase or
35 otherwise acquire an ownership interest in any real property with known contamination, as that
36 term is defined in G.S. 130A- 310.65(5), without approval of the Governor and the Council of
37 State. A public entity seeking to purchase or otherwise acquire an ownership interest in such
38 property shall petition the Governor and Council of State for approval of the transaction, with
39 sufficient information to identify property, the nature and extent of the contamination
40 present, and a plan of paying for the project without the use of General Fund appropriations.
41 The approval of such a transaction by the Governor and Council of State may be evidenced by
42 a duly certified copy of excerpt of minutes of the meeting of the Governor and Council of State,
43 attested by the private secretary to the Governor or the Governor, reciting such approval,
44 affixed to the instrument of acquisition or transfer, and said certificate may be recorded as a
45 part thereof, and the same shall be conclusive evidence of review and approval of the subject
46 transaction by the Governor and Council of State. The Governor, acting with the approval of
47 the Council of State, may delegate the review and approval of such transactions as the
48 Governor deems advisable.
49 (c,) This Article shall not apply to situations in which a public entity acquires ownership
50 or control of real property involuntarily, including having obtained the property through
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bankruptcy, tax delinquency, abandonment, or other circumstances in which the public entity
involuntarily acquires title by virtue of its function as a sovereign."
PART XV. LIMIT LOCAL GOVERNMENT REGULATION OF STORAGE,
RETENTION, OR USE OF NONHAZARDOUS RECYCLED MATERIALS
SECTION 15. G.S. 130A- 309.09A is amended by adding a new subsection to
read:
"f The storage, retention, and use of nonhazardous recycled materials, including
asphalt pavement, rap, or roofing shingles, shall be encouraged by units of local government. A
unit of local government shall not impede the storage, retention, or use of nonhazardous
recycled products in properly zoned storage facilities through the regulation of the height of
recycled material stockpiles, except when such facilities are located on lots within 200 yards of
residential districts."
PART XVI. EFFECTIVE DATE
SECTION 16. Section 10 of this act is effective when it becomes law and applies
to ponds used for agriculture that were either in existence on or constructed after July 22, 1997.
Section 12 of this act becomes effective July 1, 2013. Section 14 of this act becomes effective
July 1, 2013, and applies to a purchase or acquisition of interest in real property occurring on or
after that date. The remainder of this act is effective when it becomes law.
Senate Bill 112 * -Third Edition Page 11
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Environmental Management Commission's
Statement of Impact of Proposed Amendment to
Exclude Gravel from "Built -Upon Area"
The Environmental Management Commission (EMC) seeks to amend 15A NCAC 02H
.1002 in order to comply with a recent change in state law. Such an amendment is
authorized by Section 51.(d) of the Session Laws.
Specifically, during the recent legislative session, N.C.G.S. § 143 -214.7 was amended to
exclude gravel from the definition of "built -upon area." Act of Aug. 23, 2013, sec. 51.(a),
2013 N.C. Sess. Laws 413. The legislation, however, did not define the term "gravel."
Within the stone, sand and gravel industry, gravel is defined as "a loose aggregate of
small rounded water -worn or pounded stones." In addition, per the "Standard Test
Method for Particle -Size Analysis of Soil" as published by the American National
Standards Institute (ASTM) as Standard D422 -63, gravel is classified to have a diameter
ranging from 2.00 millimeters up to 4.74 millimeters. Such material is often used as
walkways through gardens and yards or around vegetation as it is permeable, allowing
adequate drainage for precipitation yet harder and more aesthetically pleasing than
exposed soil. Placement of gravel is normally conducted during dry periods and heavy
vehicular and foot traffic is avoided in the gravel area during and immediately after its
placement to avoid compaction of the subsurface to allow water to infiltrate into the
subsoil. In contrast, laypersons often imprecisely use the term "gravel" to refer to any
aggregate material, such as the non - gravel crushed stone material that is used in
constructing roads or parking lots. Such material may be either impervious due to
compaction at the time of-installation or partially impervious but installed on a
compacted surface that does not allow water to infiltrate into the subsoil. As a result, if
an aggregate crushed stone material as opposed to gravel is used, it could cause water
(including pollutants and sediment) to runoff the surface at higher velocities and volumes
than the stormwater and sedimentation control measures were designed for and can
handle. In this way, stormwater designs may be overwhelmed or bypassed and the
unintended consequence may be the gradual or catastrophic release of pollutants and
sediment into the environment, either by short- circuiting through or completely failing
under - designed stormwater and sedimentation control measures.
Since the amendment of N.C.G.S. § 143 -214.7 became effective in August, the regulated
community, in dealings with the Division of Energy, Mineral, and Land Resources
(DEMLR), has questioned how to interpret the imprecise use of the term "gravel" in the
amended statute. For these reasons, the EMC is pursuing temporary rulemaking to define
the term used in the amended statute in accordance with industry standards, to prevent
adverse environmental impacts, and to direct the regulated community to the established
guidelines set forth in the DEMLR's best management practices for stormwater control.
W
15A NCAC 02H.1002 DEFINITIONS
The definition of any word or phrase in this Section shall be the same as given in
Article 21, Chapter 143 of the General Statutes of North Carolina, as amended. Other words
and phrases used in this Section are defined as follows:
(1) "Built -upon Area" means impervious surface and partially impervious surface to
the extent that the partially impervious surface does not allow water to infiltrate through
the surface and into the subsoil. "Built upon area" does not include a wooden slatted deck,
the water area of a swimming pool, or gravel.
(2) "CAMA Major Development Permits" mean those permits or revised permits
required by the Coastal Resources Commission according to 15A NCAC 7J Sections .0100
and .0200.
(3) "Certificate of Stormwater Compliance" means the approval for activities that
meet the requirements for coverage under a stormwater general permit for development
activities that are regulated by this Section.
(4) "Coastal Counties" include Beaufort, Bertie, Brunswick, Camden, Carteret,
Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, New Hanover, Onslow, Pamlico,
Pasquotank, Pender, Perquimans, Tyrrell, and Washington.
(5) "Curb Outlet System" means curb and gutter installed in a development which
meets low density criteria [Rule .1003(d)(1) of this Section] with breaks in the curb or
other outlets used to convey stormwater runoff to grassed swales or vegetated or natural
areas and designed in accordance with Rule .1008(g) of this Section.
(6) "Development" means any land disturbing activity that increases the amount of
built -upon area or that otherwise decreases the infiltration of precipitation into the soil.
(7) "Drainage Area or Watershed" means the entire area contributing surface runoff
to a single point.
(8) " Forebay" means a device located at the head of a wet detention pond to capture
incoming sediment before it reaches the main portion of the pond. The forebay is typically
an excavated settling basin or a section separated by a low weir.
(9) "General Permit" means a "permit" issued under G.S. 143- 215.1(b)(3) and (4)
authorizing a category of similar activities or discharges.
(10) "Gravel" means a clean or washed loose aggregation of small rounded water-
worn or pounded stones ranging in size from 2.00 mm to 4.74 mm. Gravel is not crushed
stone or rock.
(11) "Infiltration Systems" mean stormwater control systems designed to allow
runoff to pass or move (infiltrate /exfiltrate) into the soil.
19
(12) "Notice of Intent" means a written notification to the Division that an activity or
discharge is intended to be covered by a general permit and takes the place of "application"
used with individual permits.
(13) "Off -site Stormwater Systems" mean stormwater management systems that are
located outside the boundaries of the specific project in question, but designed to control
stormwater drainage from that project and other potential development sites. These
systems shall designate responsible parties for operation and maintenance and may be
owned and operated as a duly licensed utility or by a local government.
(14) "On -site Stormwater Systems" mean the systems necessary to control
stormwater within an individual development project and located within the project
boundaries.
(15) "Redevelopment" means any land disturbing activity that does not result in a
net increase in built -upon area and that provides greater or equal stormwater control than
the previous development (stormwater controls shall not be allowed where otherwise
prohibited).
(16) "Seasonal High Water Table" means the highest level that groundwater, at
atmospheric pressure, reaches in the soil in most years. The seasonal high water table is
usually detected by the mottling of the soil that results from mineral leaching.
(17) "Sedimentation /Erosion Control Plan" means any plan, amended plan or
revision to an approved plan submitted to the Division of Energy, Mineral, and Land
Resources or delegated authority in accordance with G.S. 113A -57.
(18) "Stormwater" is defined in G.S. 143, Article 21.
(19) "Stormwater Collection System" means any conduit, pipe, channel, curb or
gutter for the primary purpose of transporting (not treating) runoff. A stormwater
collection system does not include vegetated swales, swales stabilized with armoring or
alternative methods where natural topography or other physical constraints prevents the
use of vegetated swales (subject to case -by -case review), curb outlet systems, or pipes used
to carry drainage underneath built -upon surfaces that are associated with development
controlled by the provisions of Rule .1003(d)(1) in this Section.
(20) "10 Year Storm" means the surface runoff resulting from a rainfall of an
intensity expected to be equaled or exceeded, on the average, once in 10 years, and of a
duration which will produce the maximum peak rate of runoff, for the watershed of
interest under average antecedent wetness conditions.
(21) "Water Dependent Structures" means a structure for which the use requires
access or proximity to or siting within surface waters to fulfill its basic purpose, such as
boat ramps, boat houses, docks, and bulkheads. Ancillary facilities such as restaurants,
outlets for boat supplies, parking lots and boat storage areas are not water dependent uses.
R
(22) "Wet Detention Pond" means a structure that provides for the storage and
control of runoff and includes a designed and maintained permanent pool volume.
(23) "Vegetative Buffer" means an area of natural or established vegetation directly
adjacent to surface waters through which stormwater runoff flows in a diffuse manner to
protect surface waters from degradation due to development activities. The width of the
buffer is measured horizontally from the normal pool elevation of impounded structures,
from the bank of each side of streams or rivers, and from the mean high water line of tidal
waters, perpendicular to the shoreline.
(24) "Vegetative Filter" means an area of natural or planted vegetation through
which stormwater runoff flows in a diffuse manner so that runoff does not become
channelized and which provides for control of stormwater runoff through infiltration of
runoff and filtering of pollutants. The defined length of the filter shall be provided for in the
direction of stormwater flow.
(25) "One -year, 24 -hour storm" means a rainfall of an intensity expected to be
equaled or exceeded, on average, once in 12 months and with a duration of 24 hours.
(26) "BMP" means Best Management Practice.
(27) "Permeable pavement" means paving material that absorbs water or allows
water to infiltrate through the paving material. Permeable pavement materials include
porous concrete, permeable interlocking concrete pavers, concrete grid pavers, porous
asphalt, and any other material with similar characteristics.
(28) "Residential development activities" has the same meaning as in 15A NCAC 02B
.0202 (54).
(29) "Vegetative conveyance" means a permanent, designed waterway lined with
vegetation that is used to convey stormwater runoff at a non - erosive velocity within or
away from a developed area.
History Note: Authority G.S. 143 -213; 143- 214.1; 143- 214.7; 143- 215.3(a)(1);
Eff. January 1, 1988;
Amended Eff. August 1, 2012 (see S. L. 2012 -143, s.1. ()9); July 3, 2012; December 1, 1995; September 1, 1995.
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15A NCAC 02H .1002 EFINITIONS Style Definition: Normal: Font: 12
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14 Style Definition: Rule: Font: (Default)
The definition of any word or phrase in this Section shall be the same as given in,, It% Cambria, 12 pt, None
Article 21, Chapter 143 of the General Statutes of North Carolina, as amended. -0the_r_ words it 1I am Style Definition: Paragraph: Font: (Default)
-
Camb
" tI` ria, 12 t N
P , one, Hyphenate
and phrases used in this Section are defined as follows: It
Formatted: Font: +Headings (Cambria)
t
�1) —Built =upon Area" m_ eans > h ,�_�, to ^„ ^F ^ a t t - - F +� f ' . 1 ' Formatted: Space After: 12 pt
coveFed by impervious urface erari artiall impervious sur�ce ' °mot" t' '' `�1 1 I' Formatted: Section start: New page, Do not
�_`-- , -p - -- �' - p--------- - - -... ---. „^
limited to buildings; pavement nt - 's III suppress endnotes, Header distance from edge:
to the extent that the partially imllervlous surface does notll I I PP ge:
allow water to infiltrate through the�rfaceiand - - - - �Il`,It I I„ os ", Footer distance from edge: 0.5^
and paths; am recreation f} ''' *' ', ,lil,t I' Formatted: Font: +Headings (Cambria)
��.�into the subsoil- upon area p - - - -110 1i% t Formatted: Indent: First line: 0.5 ", Space
does not include a wooden slatted deck, the water area of a swimming pool, or pervious eF t, „ I After: 1z pt
partially pervious paving material te the extent that the pavilqg material abs hs water A
tI
allows r 11 +^ r infiltrate rl > +h I „I'I II Formatted: Font: +Headings (Cambria)
rg avel IIIt
b - - - - - - - - - - - - - - - - - - - - It °III Formatted: Font: +Headings (Cambria), 12 pt it it
(2)— "LAMA Major Development Permits" mean those permits or revised permits ',', I �;, Formatted: e Indent: Left: 0", First line: 0.S',
i - - - - --
required by the Coastal Resources Commission according to 15A NCAC 7J Sections .0100 '" iI"
and .0200. ;,6 , Formatted: Font: +Headings (Cambria), 12 pt
n
Formatted: Font: +Headings (Cambria), 12
n" pt, Strikethrough
(3) —"Certificate - - - - - - - - - - - - r - Compliance" - - - - - means the approval for activities "
- -under a - storm- _ - _ pp - - - - - - - - - - - - - -, III ', Formatted: Font: +Headings (Cambria), 12 pt
that meet the requirements for coverage under a stormwater general permit for I It�l
development activities that are regulated by this Section. Formatted: Font: +Headings (Cambria), 12
It I II',� pt, Underline
()- I I I Formatted: Font: +Headings (Cambria), 12 pt
4 Coastal Counties' include Beaufort, Bertie, Brunswick, Camden, Carteret, "'
i - "
Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, New Hanover, Onslow, Pamlico, `� t I� Formatted: Font: +Headings (Cambria), 12 pt
Pasquotank, Pender, Perquimans, Tyrrell, and Washington. Formatted: Font: +Headings (Cambria), 12 pt
Formatted: Font: +Headings (Cambria), 12 pt
+(5J _ "Curb Outlet System" means _curb and-gutter-installed in a_ development Formatted: Font: +Headings (Cambria), 12 pt
_ ti_
which meets low density criteria [Rule .1003(4)(1) of this Section] with breaks in the curb Formatted: Font: +Headings (Cambria), 12 pt
or other outlets used to convey stormwater runoff to grassed swales or vegetated or Formatted: Font: +Headings (Cambria), 12 pt
natural areas and designed in accordance with Rule .1008(g) of this Section. Formatted: Font: +Headings (Cambria), 1z pt
(6)— "Development" means any land disturbing activity that increases the amount -, - Formatted: Font: +Headings (Cambria), 12 pt
i - - - -
of built -upon area or that otherwise decreases the infiltration of precipitation into the soil.
(7)—,"Drainage Area or Watershed" means the entire area contributing surface - - - Formatted: Font: +Headings (Cambria), 12 pt
- - -- --------------------------------
runoff to a single point. -
(8)— "Forebay" means a device located at the head of a wet detention pond to - - - Formatted: Font: +Headings (Cambria), 12 pt
rapture incoming sediment before it reaches the main portion of the pond `The_ _fo_r_eb_ay is_- - (Formatted: Font: +Headings (Cambria) 12 pt
ypically an excavated settling basin or a section separated by a low weir.
(9)— "General Permit" means a )L)
"ermit" issued under G.S. 143 -215.1 (b 3 and - - Formatted: Font: +Headings (Cambria), 12 pt
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4) authorizing a category of similar activities or discharges. - - -
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(-ie) - -(10) "Gravel" means a clean or washed loose aggregation of small rounded
water worn or pounded stones ranging in size from 2.00 mm to 4.74 mm Gravel is not
crushed stone or rock.
11 "Infiltration Systems" mean stormwater control systems designed tp allo
Font: +Headings (Cambria), 12 pt
runoff to pass or move (infiltrate / exfiltrate) into the soil.
�Formatted:
ormatted: Indent: Left: 0 ", First line: o.S',
pace After: 12 pt
(4- —I "Notice_of Intent" means a written notification to the Division that an - - -
Formatted: Font: +Headings (Cambria), 17 pt
activity or discharge is intended to be covered by a general permit and takes the place of
"application" used with individual permits.
Stormwater Systems" -mean stormwater management systems - _ -
Formatted: Font: +Headings (Cambria), 12 pt
that are located outside the boundaries of the specific project in question, but designed to
control stormwater drainage from that project and other potential development sites.
These systems shall designate responsible parties for operation and maintenance and may - -
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be owned and operated as a duly licensed utility or by a local government.
site Stormwater Systems" mean the systems necessary to control_- - -
Formatted: Font: +Headings (Cambria), 12 pt
stormwater within an individual development project and located within the project
boundaries.
(' ny'Redev_elopment" means any land disturbing activity that does not result- - -
Formatted: Font: +Headings (Cambria), 12 pt
in a net increase in built -upon area ,and thatprovides greater or equal Stormwater control_- - -
Formatted: Font: +Headings (Cambria), 12 pt
ot
than the previous development (stormwater controls shall n be allowed where otherwise
prohibited).
(1-5) -- ifii) ,"Seasonal Huh Water Table" means the highest level that groundwater,_- - -
Formatted: Font +Headings (Cambria),12 pt
at atmospheric pressure, reaches in the soil inmost years. The seasonal high water table is - - -
-- - - - - --
Formatted: Font: +Headings (Cambria),12 pt
usually detected by the mottling of the soil that results from mineral leaching.
"Sedimentation /Erosion Control Plan" means any plan, amended plan or__ - -
Formatted: Font: +Headings (Cambria), 12 pt
revision to an approved plan submitted to the Division of Energy, Mineral, and Land
Resources or delegated authority in accordance with G.S. 113A -57.
(4om -18 "Stormwater" is defined in G_S.143, Article 21_ - - -
Formatted: Font: +Headings (Cambria), 1z pt
(1 Q�19 "Stormwater Collection "- means_any- conduit, pipe,_channel, curb_- _ -
Formatted: Font: +Headings (Cambria), 12 pt
-System
or gutter for the primary purpose of transporting (not treating) runoff. ,A stormwater-_ - -
Formatted: Font: +Headings (Cambria), 12 pt
collection system does not include vegetated swales, swales stabilized with armoring or
alternative methods where natural topography or other physical constraints prevents the
use of vegetated swales (subject to case -by -case review), curb outlet systems, or pipes used
to carry drainage underneath built -upon surfaces that are associated with development
controlled by the provisions of Rule .1003(d)(1) in this Section.
(4-�Z "10 Year Storm" means the surface runoff resulting from a rainfall of an _ - -
Formatted: Font: +Headings (Cambria), pt
1z
intensity expected to 1; equaled or exceeded, on the average, once in 10 years, and of a
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duration which will produce the maximum peak rate of runoff, for the watershed of
interest under average antecedent wetness conditions.
(293- -21I-:Water_ Dependent Structures" means a _structure for which -the _use - -
- Formatted: Font: +Headings (Cambria), 12 pt
requires access or proximity to or siting within surface waters to fulfill its basic purpose,
such as boat ramps, boat houses, docks, and bulkheads. Ancillary facilities such as
restaurants, outlets for boat supplies, parking lots and boat storage areas are not water
dependent uses.
(244 -22), "Wet Detention Pond" means a structure that provides for the stor_age_- -
- Formatted: Font: +Headings (Cambria), 12 pt
and control of runoff and includes a designed and maintained permanent pool volume.
(2} —23 "Vegetative Buffer" means an area of natural or established vegetation - _
- Formatted: Font: +Headings (cambria),1z pc
directly adjacent to surface waters through which stormwater runoff flows in a diffuse
manner to protect surface waters from degradation due to development activities. -The -
- Formatted: Font: +Headings (Cambria), 12 pt
width of the buffer is measured horizontally from the normal pool elevation of impounded
structures, from the bank of each side of streams or rivers, and from the mean high water
line of tidal waters, perpendicular to the shoreline.
(2--'4— 24 :Vegetative Filter" means an area of natural or planted_yegetdtLon
- Formatted: Font: +Headings (Cambria), 12 pt
- --
through which stormwater runoff flows in a diffuse manner so that runoff does not become
channelized and which provides for control of stormwater runoff through infiltration of
runoff and filtering of pollutants. -The defined length of the filter shall be provided for in -
- Formatted: Font: +Headings (Cambria), 12 pt
the direction of stormwater flow.
(2a) -25 "Oneyear, 24_hour storm" means a rainfall of an intensity expe cted_to_b_e_ - -
Formatted: Font: +Headings (Cambria), 12 pt
equaled or exceeded, on average, once in 12 months and with a duration of 24 hours.
(254- 2jk),"BMP" means Best Management Practice. - - - -
Formatted: Font; +Headings (cambric >, lz pt
(2- }- -27)-:Permeable_pavement "_ means paving material that absorbs water or - -
Formatted: Font: +Headings (Cambria), 12 pt
allows water to infiltrate through
ough the paving material. ermeable pavement materials__ -- -
Formatted: Font: +Headings (Cambria), 12 pt
include porous concrete, permeable interlocking concrete pavers, concrete grid pavers,
porous asphalt, and any other material with similarcharacteristics_ ggTpCCtcd gtg• !1 ^tl - - -
not be cansideFed permeable r
Formatted: Font: +Headings (Cambria), 12 pt
,(2?T2 $L"Residential - - - - - - - - pment_activities" has the same meaning as in 15A , - -
Formatted: Font: +Headings (Cambria), 12 pt
NCAC 02B .0202(54). _
Formatted: Font: +Headings (Cambria), 12 pt
(28} --29 "Vegetative conveyance" means a permanent, designed waterway lined - -
Formatted: Font: +Headings (Cambria), 1z pt
_
with vegetation that is used to convey stormwater runoff at a non - erosive velocity within
or away from a developed area.
History Note: Authority G.S 143 -213; 143 - 214.1; 143- 214.7; 143- 215.3(a)(1);
Eff. January 1, 1988;
Amended Ef. .. August 1, 2012 (see S.L. 2012 -143, s.l.(n); July 3, 2012; December 1, 1995;
September 1, 1995.
R
Attachment 2 — Chart of Impervious
Surface Limits
WATERSHED
RESIDENTIAL IMPERVIOUS
NON - RESIDENTIAL
PROTECTION OVERLAY
SURFACE LIMIT
IMPERVIOUS SURFACE
DISTRICT
(percentage of lot area exclusive
LIMIT
of rights -of -way)
(percentage of lot area
exclusive of rights -of -way)
University Lake Protected
6%
6%
University Lake Critical
6%
6%
Cane Creek Protected
6%
5 acre minimum lot size
50% for all fire stations and solid
waste convenience centers
12% for everything else
Cane Creek Critical
6%
5 acre minimum lot size
6% impervious surface limit
Upper Eno Protected
12%
70% in Economic Development,
30% for lots in Transition Areas
Commercial /commercial
(stormwater features required)
Industrial Nodes (stormwater
feature required)
70% for projects developed at
`high intensity' densities (i.e. R -5 ;
50% for all fire stations and solid
R -8 ; R -13) (stormwater feature
Waste convenience centers
required).
12% for all non - residential uses
outside of identified Nodes.
Upper Eno Critical
6%
2 acre minimum lot size
6%
1 Lots within the University Lake Protected /Critical Watershed Protection Overlay Districts created prior to April 2,
1990 qualify for more allowable impervious surface area, depending on their size, per Section(s) 4.2.5.2 and 4.2.5.3
of the UDO.
z Residential development on lots within the Cane Creek Protected /Critical Watershed Protection Overlay Districts
created prior to January 1, 1994 qualify for more allowable impervious surface area, depending on their size, per
Section(s) 4.2.5.2 and 4.2.5.3 of the UDO.
3 Lots smaller than 5 acres and created prior to June 1, 2010 qualify for more allowable impervious surface area,
depending on their size, per Section(s) 4.2.5.2 and 4.2.5.3 of the UDO.
25
WATERSHED
RESIDENTIAL IMPERVIOUS
NON - RESIDENTIAL
PROTECTION OVERLAY
SURFACE LIMIT
IMPERVIOUS SURFACE
DISTRICT
(percentage of lot area exclusive
LIMIT
of rights -of -way)
(percentage of lot area
exclusive of rights -of -way)
Little River Protected
6%
2 acre minimum lot size
50% for all fire stations and solid
waste convenience centers
12% for everything else
Flat River Protected
12%
50% for all fire stations and solid
waste convenience centers
12% for everything else
South Hyco Creek Protected
12%
50% for all fire stations and solid
waste convenience centers
12% for everything else
Back Creek Protected
12%
70% in Economic Development,
30% for lots in Transition Areas
Commercial /commercial
(stormwater features required)
Industrial Nodes ( stormwater
feature required)
70% for projects developed at
`high intensity' densities (i.e. R -5 ;
50% for all fire stations and solid
R -8 ; R -13) (stormwater feature
waste convenience centers
required).
12% for all non - residential uses
outside of identified Nodes.
4 Residential development on lots created prior to January 1, 1994 qualify for more allowable impervious surface
area, depending on their size, per Section(s) 4.2.5.2 and 4.2.5.3 of the UDO
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WATERSHED
RESIDENTIAL IMPERVIOUS
NON - RESIDENTIAL
PROTECTION OVERLAY
SURFACE LIMIT
IMPERVIOUS SURFACE
DISTRICT
(percentage of lot area exclusive
LIMIT
of rights -of -way)
(percentage of lot area
exclusive of rights -of -way)
Lower Eno Protected
24% for projects with curb and
70% with a stormwater feature
gutter
required when impervious
36% for projects without curb and
surface area exceeds 24% in
gutter.
projects with curb and gutter and
36 /o for projects without curb
70% for projects developed at
and gutter.
`high intensity' densities (i.e. R -5 ;
R -8 ; R -13) (stormwater feature
required).
Haw River Protected
24%
24%
Jordan Lake Protected
24%
24%
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