WSMU_MRSV_NCAC T15A:02b.0100_19960930

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ESNR - ENVIRONMENTAL MANAGEMENT Vt.4ce T15A: 02B .0100
or parcel created as part of any other type of subdivision that is exempt from a local subdivision ordinance shall
be subject to the land use requirements(including impervious surface requirements) of these Rules, except that such
a lot or parcel must meet the minimum buffer requirements to the maximum extent practicable. Local governments
may also apply more stringent controls relating to determining existing development, redevelopment or expansions.
(r) Development activities may be granted minor variances by local governments utilizing the procedures of G.S.
153A Article 18, or G.S. 160A, Article 19. A description of each project receiving a variance and the reason
for granting the variance shall be submitted to the Commission on an annual basis by January 1. For all proposed
major and minor variances from the minimum statewide watershed protection rules, the local Watershed Review
Board shall make findings of fact showing that:
(1) there are practical difficulties or once-acary hardships that prevent compliance with the strict letter of
the ordinance;
(2) the variance is in harmony with the general purpose and intent of the local watershed protection ordinance
and preserves its spirit; and
(3) in granting the variance, the public safety and welfare have been assured and substantial justice has been
F-- done.
The local Watershed Review Board may attach conditions to the major or minor variance approval that support the
purpose of the local watershed protection ordinance. If the variance request qualifies as a major variance, and the
local Watershed Review Board decides in favor of granting the major variance, the Board shall then prepare a
preliminary record of the hearing and submit it to the Commission for review and approval. If the Commission
approves the major variance or approves with conditions or stipulations added, then the Commission shall prepare
a Commission decision which authorizes the local Watershed Review Board to issue a final decision which would
include any conditions or stipulations added by the Commission. If the Commission denies the major variance, then
the Commission shall prepare a Commission decision to be sent to the local Watershed Review Board. The local
Watershed Review Board shall prepare a final decision denying the major variance. For all proposed major and
minor variances the local government considering or requesting the variance shall notify and allow a reasonable
comment period for all other local governments having jurisdiction within the watershed area governed by these
Rules and the entity using the water supply for consumption. Appeals from the local government decision on a
major or minor variance request are made on certiorari to the local Superior Court. Appeals from the Commission
decision on a major variance request are made on judicial review to Superior Court. When local ordinances are
more stringent than the state's minimum water supply protection rules a variance to the local government's
ordinance is not considered a major variance as long as the result of the variance is not less stringent than the state's
minimum requirements.
(s) Cluster development is allowed on a project-by-project basis as follows:
(1) Overall density of the project meets associated density or stormwater control requirements under 15A
NCAC 2B .0200;
(2) Buffers meet the minimum statewide water supply watershed protection requirements;
(3) Built-upon areas are designed and located to minimi7r stormwater runoff impact to the receiving waters,
minimi7P concentrated stormwater flow, maximize the use of sheet flow through vegetated areas, and
maximize the flow length through vegetated areas;
(4) Areas of concentrated density development are located in upland areas and away, to the maximum extent
practicable, from surface waters and drainageways;
(5) Remainder of tract to remain in vegetated or natural state;
(6) The area in the vegetated or natural state may be conveyed to a property owners association; a local
government for preservation as a park or greenway; a conservation organization; or placed in a permanent
conservation or farmland preservation easement. A maintenance agreement shall be filed with the
property deeds; and
(7) Cluster developments that meet the applicable low density requirements shall transport stormwater runoff
by vegetated conveyances to the maximum extent practicable.
(t) Local governments may administer oversight of future development activities in single family residential
developments that exceed the applicable low density requirements by tracking dwelling units rather than percentage
built-upon area, as long as the wet detention pond or other approved stormwater control system is sized to capture
and treat runoff from all pervious and built-upon surfaces shown on the development plan and any off-site drainage
from pervious and built-upon surfaces, and when an additional safety factor of 15 percent of built-upon area of the
project site is figured in.
(u) All new development shall meet the development requirements on a project-by-project basis except local
governments may submit ordinances and ordinance revisions which use density or built-upon area criteria averaged
throughout the local government's watershed jurisdiction instead of on a project-by-project basis within the
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EHNR - ENVIRONMENTAL MANAGEMENT T15A: 02B .0100
watershed. Prior to approval of the ordinance or amendment, the local government must demonstrate to the
Commission that the provisions as averaged meet or exceed the statewide minimum requirements, and that a
mechanism exists to ensure the orderly and planned distribution of development potential throughout the watershed
jurisdiction.
(v) Silviculture activities are subject to the provisions of the Forest Practices Guidelines Related to Water Quality
(15A NCAC 1I .0101 - .0209). The Division of Forest Resources is the designated management agency responsible
for implementing the provisions of the rules in 15A NCAC 2B .0200 pertaining to silviculture activities.
(w) Local governments shall, as the existing laws allow, develop, implement, and enforce comprehensive
nonpoint source and stormwater discharge control programs to reduce water pollution from activities within water
supply watersheds such as development, forestry, landfills, mining, on-site sanitary sewage systems which utilize
ground adsorption, toxic and hazardous materials, transportation, and water based recreation.
(x) When the Commission assumes a local water supply protection program as specified under G.S. 143-214.5(e)
all local permits authorizing construction and development activities as regulated by the statewide minimum water
supply watershed protection rules of this Subchapter must be approved by the Commission prior to local government
issuance.
(y) In the event that stormwater management systems or facilities may impact existing waters or wetlands of the
United States, the Clean Water Act requires that these systems or facilities be consistent with all federal and state
requirements.
(z) A model local water supply watershed management and protection ordinance, as approved by the Commission
in accordance with G.S. 143-214.5, is on file with the Office of Administrative Hearings and may be obtained by
writing to: Water Quality Planning Branch, Division of Environmental Management, Post Office Box 29535,
Raleigh, North Carolina 27626-0535.
(aa) The Commission may delegate such matters as variance approval, extension of deadlines for submission of
corrected ordinances and assessment of civil penalties to the Director.
History Note: Authority G.S. 143-214.1; 143-215.3(a)(1);
Eff February 1, 1976;
Amended Eff August 1, 1995;August 3, 1992;March 1, 1991; October 1, 1989.
.0105 DETERMINATION OF SAFETY OR SUITABILITY: CLASS A-II WATERS
History Note: Authority G.S. 143-214.1; 143-215.3(a)(1);
Eff February 1, 1976;
Amended Eff January 1, 1985; September 9, 1979;
Repealed Eff February 1, 1986.
.0106 CONSIDERATIONS/ASSIGNING CLASSIFICATIONS FOR PRIMARY RECREATION
In assigning the B or SB classification to waters intended for primary recreation, the Commission will take into
consideration the relative proximity of sources of water pollution and will recognize the potential hazards involved
in locating swimming areas close to sources of water pollution and will not assign this classification to waters in
which such water pollution could result in a hazard to public health. Discharges to waters classified as B or SB will
meet the reliability requirements specified in 15A NCAC 2H .0124. Discharges to waters where a primary
recreational use is determined by the Director to be attainable will be required to meet water quality standards and
reliability requirements to protect this use concurrently with reclassification efforts.
History Note: Authority G.S. 143-214.1; 143-215.3(a)(1);
Eff February 1, 1976;
Amended Eff October 1, 1989;January 1, 1985; September 9, 1979.
.0107 DEFINITION OF REGULATIONS: CLASSIFICATIONS: AND STANDARDS
History Note: Authority G.S. 143-214.1;
Eff February 1, 1976;
Repealed Eff January 1, 1985.
.0108 CONSIDERATIONS IN ASSIGNING THE SHE.LLFISHING AREA CLASSIFICATION
In determining the safety or suitability of Class SA waters to be used for shellfishing for market purposes, the
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