Stormwater Fast-Track Permitting Stormwater Rules Review Re-Adoption

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1 Stormwater Fast-Track Permitting Stormwater Rules Review Re-Adoption Annette Lucas, PE NC Division of Energy, Mineral and Land Resources Stormwater Program

2 PERMIT Stormwater Fast Track Permitting

3 Fast Track: Legislative Mandate B 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.

4 Fast Track: The Team s Approach Instead of reviewing plans at initial application, DEMLR will review as-builts for compliance with the MDC.

5 Is project eligible & application complete? Yes Authorization to construct permit. Project constructed & completed. Applicant submits as builts. DEMLR reviews as builts within 15 days for completeness and 40 days for compliance. Do the as builts comply with the MDC? Yes Final permit. No No Incomplete: May re submit. Ineligible: May submit to regular or express programs. Applicant brings project into compliance with MDC and submits updated as builts. Yes A Schedule for Compliance in 30 days? No No Enforcement action.

6 Regular V. Express Permitting 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

7 Rules Review & Re Adoption

8 Rule Re-Adoption: Legislative Mandate 150B-21.3A directs state agencies to review and update their rules every 10 years. A single rule making Fast track/ MDC Rules Review & Re Adoption

9 Benefits of Rule Re-Adoption: Decreases repetition Clarifies requirements Incorporates current technology Improves consistency Codifies policies that are requirements

10 2H Current Organization of 02H.1000 Section:.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

11 2H Proposed New 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 MDC for Individual SCMs

12 Also, some changes in 02H.0100:.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)

13 Repealed. but not Forgotten:.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

14 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

15 Codifies method for computing project density Density = BUA Project Area Density = BUA existing BUA Project Area existing BUA Project area excludes: Areas below the Normal High Water (NHW); and Coastal wetlands.

Encourages disconnection instead of swales (b)

channelization of flow; (c) VEGETATED CONVEYANCES.

16 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.

17 Updates treatment volume in Coastal Counties P-90 storm (inches) P-95 storm (inches) 1-year, 24-hour storm (inches) Cape Hatteras Kill Devil Hills Manteo Wilmington Current Proposed SA Waters 1-year, 24-hour storm P-95 storm Non-SA Waters 1.5 inch storm P-90 storm

18 Storm Probability Curve for Wilmington, NC 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% Storm depth in inches

19 Storm Probability Curve for Wilmington, NC 100% 90% 80% 70% 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. 60% 50% 40% 30% 20% 10% 0% Storm depth in inches

20 Andrew Anderson, NCSU BAE

21 Make Coastal County Exemptions Universal Stormwater program does not apply to: Minor modifications. Projects that already have a stormwater permit. Projects with vested rights.

22 Vegetated setbacks in Non-Coastal HQW & ORW Current Proposed Low density 30 feet 30 feet High density None 30 feet Why? NPDES has 30 feet for both low and high density. Setbacks are needed to protect use support & avoid flooding problems.

23 Want to find out more? Visit the Stormwater Rules Re-Adoption web site:

Proposed Schedule for Rule Re-Adoption Sep-Dec 2015 Nov 12, 2015 Jan 14, 2016 Jan 15, 2016 Jan 20, 2016 Feb 17, 2016 Mar 2016 Apr 17, 2016 Jul 13, 2016 DEMLR develops fiscal note WQC

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

28 Three QUICK Final Public Service Announcements

29 #1: DEMLR would appreciate your comments on the proposed rules.

30 #2: Sign up for the DEMLR stormwater list serve.

32 #3: We re moving toward more flexibility: Meet the PURPOSE of the SCM rather than the letter of the BMP manual.

33 Stormwater Fast-Track Permitting Stormwater Rules Review Re-Adoption Annette Lucas, PE NC Division of Energy, Mineral and Land Resources Stormwater Program

12/14/2015. Annette Lucas, PE Sediment and Erosion Control Workshop December 10, Department of Environmental Quality

12/14/2015. Annette Lucas, PE Sediment and Erosion Control Workshop December 10, Department of Environmental Quality Annette Lucas, PE Sediment and Erosion Control Workshop December 10, 2015 2 1 Legislative Mandates MDC & Fast Track: 143-214.7B requires DENR to work with stakeholders to develop Minimum Design Criteria