Proposed Amendments to Coastal Stormwater Rules

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Proposed Amendments to Coastal Stormwater Rules

• EMC Public Hearings
• Washington
• Manteo
• Morehead City
• Wilmington

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Why is Stormwater so important?

• The pollution associated with stormwater run-off
  is the number one water quality problem in North
  Carolina.

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What is this about?

• To receive public comment on EMC-proposed changes
  to to Coastal Stormwater Rules.
• Notice published in Aug 15 NC Register

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Why did the EMC propose changing these rules?

• DWQ performed a study that demonstrated that the
  existing rules were not effectively protecting
  water quality.

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Shellfishing Closures
1988
2005
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What are the proposed changes?
Within ½ mile draining to shellfishing (SA)
waters
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What are the proposed changes?
Not within ½ mile and draining to shellfish
waters.
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What else is open for comment?

• Should new rules include SR designation?
• Modify Threshold for Coverage
• Current threshold 1 acre or CAMA Major
• Rule changes may lower threshold to 10,000 sq ft.
• Wetlands Impervious Surface Calculations
• Rule changes may prohibit use of coastal wetlands
  or all wetlands in impervious surface
  calculations.

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Most Controversial Aspects of Proposed Rule
Amendments

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

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What happens next?

• Hearing Officers develop recommendation.
• Recommendation presented to EMC in Jan 2008.
• EMC makes final decision.
• EMC rule changes reviewed by Rules Review Comm.
• Probable legislative review.
• Changes could become effective Aug 1, 2008.

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Final Points from Comments

• Redevelopment of property exempted from rules.
• NC DOT not exempt from requirements.
• Common law/ statutory vested rights apply to
  rules.
• Other exclusions possible from GA review.
• Non-Coastal Counties also regulated.
• Many non-coastal programs more stringent
• Effect on housing cost - 3000 for single family
  house
• Less than 20 per month amortized over 30 years

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Final Points from Comments

• Unbuilt lots in existing subdivisions probably
  are exempted.
• Minimum separation from high water table same as
  existing requirement.
• Infiltration basins not mandatory within ½ mile
  of SA waters.

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For Further Information or Comment Contact Tom
Reeder E-mail tom.reeder_at_ncmail.net