15A NCAC 02H .1007. STORMWATER REQUIREMENTS: OUTSTANDING RESOURCE WATERS

All development activities which require a stormwater management permit under Rule .1003 of this Section and which drain to waters classified as Outstanding Resource Waters (ORW) shall manage stormwater runoff in accordance with the provisions of this Rule.  Water quality conditions shall clearly maintain and protect the outstanding resource values of waters classified as Outstanding Resource Waters (ORW).  Stormwater management strategies to protect resource values of waters classified as ORW shall be developed on a site specific basis during the proceedings to classify these waters as ORW.  The requirements of this Rule serve as the minimum conditions that must be met by development activities.  More stringent stormwater management measures may be required on a case‑by‑case basis where it is determined that additional measures are required to protect water quality and maintain existing and anticipated uses of these waters.

(1)           Freshwater ORWs:  Development activities which require a stormwater management permit under Rule .1003 of this Section and which drain to freshwaters classified as ORW shall manage stormwater runoff as follows:

(a)           Low Density Option:  Development shall be permitted pursuant to Rule .1003(d)(1) of this Section if the development has:

(i)            built‑upon area of 12 percent or less or proposes single family residential development on lots of one acre or greater;

(ii)           stormwater runoff transported primarily by vegetated conveyances; conveyance system shall not include a discrete stormwater collection system as defined in Rule .1002 of this Section; and

(iii)          a 30 foot wide vegetative buffer.

(b)           High Density Option:  Higher density developments shall be permitted pursuant to Rule .1003(d)(2) of this Section if stormwater control systems meet the following criteria:

(i)            control systems must be wet detention ponds or alternative stormwater management systems designed in accordance with Rule .1008 of this Section; and

(ii)           control systems must be designed to control runoff from all surfaces generated by one inch of rainfall.

(2)           Saltwater ORWs:  Development activities which require a stormwater management permit under Rule .1003 of this Section and which drain to saltwaters classified as ORW shall manage stormwater runoff as follows:

(a)           Within 575 feet of the mean high water line of designated ORW areas, development activities shall comply with the low density option as specified in Rule .1005(2)(a) of this Section.

(b)           Projects draining to saltwaters classified as ORW that impact the Areas of Environmental Concern (AEC), determined pursuant to G.S. 113A‑113, shall delineate the ORW AEC on the project plans and conform to low density requirements as specified in Rule .1005(2)(a) of this Section within the ORW AEC.

(c)           After the Commission has received a request to classify Class SA waters as ORW and given permission to the Director to schedule a public hearing to consider reclassification and until such time as specific stormwater design criteria become effective, only development which meets the requirements of Rule .1003(d)(3)(A), (B) and (C) and Rule .1005(2)(a) of this Section shall be approved within 575 feet of the mean high water line of these waters.

 

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

Eff. September 1, 1995.