15A NCAC 02H .1003. STORMWATER MANAGEMENT: COVERAGE: APPLICATION: FEES

(a)  The intent of the Commission is to achieve the water quality protection which low density development near sensitive waters provides.  To that end, the Director, by applying the standards in this Section shall cause development to comply with the antidegradation requirements specified in 15A NCAC 2B .0201 by protecting surface waters and highly productive aquatic resources from the adverse impacts of uncontrolled high density development or the potential failure of stormwater control measures.

(b)  To ensure the protection of surface waters of the State in accordance with G.S. 143‑214.7, a permit is required in accordance with the provisions of this Section for any development activities which require a CAMA major development permit or a Sedimentation/Erosion Control Plan and which meet any of the following criteria:

(1)           development activities located in the 20 coastal counties as defined in Rule .1002(4) of this Section;

(2)           development activities draining to Outstanding Resource Waters (ORW) as defined in 15A NCAC 2B .0225; or

(3)           development activities within one mile of and draining to High Quality Waters (HQW) as defined in 15A NCAC 2B .0101(e)(5).

Projects under a common plan of development shall be considered as a single project and shall require stormwater management in accordance with this Section.  Local governments with delegated Sedimenta­tion/Erosion Control Programs often implement more stringent standards in the form of lower thresholds for land area disturbed.  In these situations, the requirements of this Rule apply only to those projects that exceed the state's minimum area of disturbance as outlined in G.S. 113A‑57.  Specific permitting options, including general permits for some activities, are outlined in Paragraph (d) of this Rule.

(c)  Development activity with a CAMA major development permit or a Sedimentation/Erosion Control Plan approved prior to January 1, 1988 are not required to meet the provisions of these Rules unless changes are made to the project which require modifications to these approvals after January 1, 1988.

(d)  Projects subject to the permitting requirements of this Section may be permitted under the following stormwater management options:

(1)           Low Density Projects:  Projects permitted as low density projects must be designed to meet and maintain the applicable low density requirements specified in Rules .1005 through .1007 of this Section.  The Division shall review project plans and assure that density levels meet the applicable low density requirements.  The permit shall require recorded deed restrictions and protective covenants to ensure development activities maintain the development consistent with the plans and specifications approved by the Division.

(2)           High Density Projects:  Projects permitted as high density projects must be designed to meet the applicable high density requirements specified in Rules .1005 through .1007 of this Section with stormwater control measures designed, operated and maintained in accordance with the provisions of this Section.  The permit shall require recorded deed restrictions and protective covenants to ensure development activities maintain the development consistent with the plans and specifications approved by the Division.  Stormwater control measures and operation and maintenance plans developed in accordance with Rule .1008 of this Section must be approved by the Division.  In addition, NPDES permits for stormwater point sources may be required according to the provisions of 15A NCAC 2H .0126.

(3)           Other Projects:  Development may also be permitted on a case‑by‑case basis if the project:

(A)          controls runoff through an off‑site stormwater system meeting provisions of this Section;

(B)          is redevelopment which meets the requirements of this Section to the maximum extent practicable;

(C)          otherwise meets the provisions of this Section and has water dependent structures, public roads and public bridges which minimize built‑upon surfaces, divert stormwater away from surface waters as much as possible and employ other best management practices to minimize water quality impacts.

(4)           Director's Certification:  Projects may be approved on a case‑by‑case basis if the project is certified by the Director that the site is situated such that water quality standards and uses are not threatened and the developer demonstrates that:

(A)          the development plans and specifications indicate stormwater control measures which shall be installed in lieu of the requirements of this Rule; or

(B)          the development is located such a distance from surface waters that impacts from pollutants present in stormwater from the site shall be effectively mitigated.

(5)           General Permits:  Projects may apply for permit coverage under general permits for specific types of activities.  The Division shall develop general permits for these activities in accordance with Rule .1013 of this Section.  General Permit coverage shall be available to activities including, but not limited to:

(A)          construction of bulkheads and boat ramps;

(B)          installation of sewer lines with no proposed built‑upon areas;

(C)          construction of an individual single family residence; and

(D)          other activities that, in the opinion of the Director, meet the criteria in Rule .1013 of this Section.

Development designed to meet the requirements in Subparagraphs (d)(1) and (d)(3) of this Paragraph must demonstrate that no areas within the project site are of such high density that stormwater runoff threatens water quality.

(e)  Applications:  Any person with development activity meeting the criteria of Paragraph (b) of this Rule shall apply for permit coverage through the Division.  Previously issued Stormwater Certifications (issued in accordance with stormwater management rules effective prior to September 1, 1995) revoked due to certification violations must apply for permit coverage.  Stormwater management permit applications, project plans, supporting information and processing fees shall be submitted to the appropriate Division of Environmental Management regional office.  A processing fee, as described in Paragraph (f) of this Rule, must be submitted with each application.  Processing fees submitted in the form of a check or money order shall be made payable to N.C. Department of Environment, Health, and Natural Resources.  Applications which are incomplete or not accompanied by the processing fee may be returned.  Permit applications shall be signed as follows:

(1)           in the case of corporations, by a principal executive officer of at least the level of vice‑president, or his authorized representative;

(2)           in the case of a partnership, by a general partner and in the case of a limited partnership, by a general partner;

(3)           in the case of a sole proprietorship, by the proprietor;

(4)           in the case of a municipal, state or other public entity by either a principal executive officer, ranking official or other duly authorized employee.

The signature of the consulting engineer or other agent shall be accepted on the application only if accompanied by a letter of authorization.

(f)  Permit Fees:

(1)           For every application for a new or revised permit under this Section, a nonrefundable application processing fee in the amount stated in Subparagraph (f)(2) of this Paragraph shall be submitted at the time of application.

(A)          Each permit application is incomplete until the application processing fee is received;

(B)          No processing fee shall be charged for modifications of permits when initiated by the Director;

(C)          A processing fee of forty dollars ($40.00) shall be charged for name changes;

(D)          No processing fee shall be required for name changes associated with the initial transfer of property from the developer to property owner or responsible party.  Any subsequent changes in ownership shall be subject to the name change processing fee in Part (C) of this Paragraph.

(2)           Schedule of Fees

 

Permit Application Processing Fee

 

New	Timely
Applications/	Renewals
Modifications/	Without
Rate Renewal	Modifications

 

Low Density	$225	N/A
High Density	385	225
Other	225	N/A
Director's Certification	350	N/A
General Permits	50	N/A

 

(g)  Supporting Documents and Information.  This Paragraph outlines those supporting documents and information that must be submitted with stormwater applications.  Additional information may also be applicable or required.  The applicant shall attempt to submit all necessary information to describe the site, development and stormwater management practices proposed.  The following documents and information shall be submitted with stormwater applications:

(1)           two sets of detailed plans and specifications for the project;

(2)           plans and specifications must be dated and sealed as outlined in Rule .1008(j) of this Section and show the revision number and date;

(3)           general location map showing orientation of the project with relation to at least two references (numbered roads, named streams/rivers, etc.) and showing the receiving water (a USGS map preferable);

(4)           topographic map(s) of the project area showing original and proposed contours and drainage patterns;

(5)           delineation of relevant boundaries including drainage areas, seasonal high water table, wetlands, property/project boundaries and drainage easements;

(6)           existing and proposed built‑upon area including roads, parking areas, buildings, etc.;

(7)           technical information showing all final numbers, calculations, assumptions, drawing and procedures associated with the stormwater management measures including but not limited to:  built‑upon area, runoff coefficients, runoff volume, runoff depth, flow routing, inlet and outlet configuration (where applicable), other applicable information as specified;

(8)           operation and maintenance plan signed by responsible party;

(9)           recorded deed restriction and protective covenants.  As an alternative proposed deed restriction and protective covenants and a signed agreement to provide final recorded articles shall be accepted when final documents are not available at the time of submittal.

(h)  Permit Issuance and Compliance:  Stormwater management permits shall be issued in a manner consistent with the following:

(1)           Stormwater management permits issued for low density projects shall not require permit renewal.

(2)           Stormwater management permits issued for projects that require the construction of engineered stormwater control measures shall be issued for a period of time not to exceed 10 years.  Applications for permit renewals shall be submitted 180 days prior to the expiration of a permit and must be accompanied by the processing fee described in Paragraph (f) of this Rule.

(3)           Stormwater management permits shall be issued to the developer or owner and shall cover the entire master plan of the project ("stormwater master plan permit").  The master plan permit shall include specifications for stormwater management measures associated with each individual lot or property within the project.

(4)           Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the requirements of this Section is subject to enforcement procedures as set forth in G.S. 143, Article 21.

 

History Note:        Authority G.S. 143‑214.1; 143‑214.7; 143‑215.1(d); 143‑215.3(a)(1);

Eff. January 1, 1988;

Amended Eff. December 1, 1995; September 1, 1995.