20050666 Ver 1_Comments on Draft MOU_20060215

[Fwd: Comments on draft MOU]
Subject: [Fwd: Comments on draft MOU]
From: Tom Reeder <[e-mail]>
Date: Wed, 15 Feb 2006 15:02:43 -0500
To: Bradley Bennett <[e-mail]>, John Hennessy <[e-mail]>,
Cyndi Karoly <[e-mail]>
Subject: Comments on draft MOU
From: Alan Clark <[e-mail]>
Date: Wed, 15 Feb 2006 13:44:12 -0500
To: [e-mail]
CC: Dave Toms <[e-mail]>, Alex Marks <[e-mail]>, Tom Reeder
<[e-mail]>
Jason,
Thank you for giving DWQ the opportunity to review the draft MOU. Supervisors and staff from
several DWQ branches (Stormwater, Wetlands-401, Planning, & SEPA) met Monday afternoon to
discuss the value and implications associated with signing the MOU. Currently, DWQ is not inclined to
be party to this MOU. Two primary factors led us to this decision:
• The MOU lacks specific detail with respect to the actual ordinances proposed. The MOU does
not address the operation and maintenance of structural BMPs, buffer protection method
(protective deed, conservation easement, etc.), ordinance enforcement, development density, and
accountability if local enforcement is inadequate.
• The proposed ordinances in the MOU add an additional layer of complexity to the already
confusing network of overlapping stormwater programs. DWQ is working to reduce this
confusion and has designed the Universal Stormwater Management Program (USMP)
<http:J/h2o.enr.state.nc.us/su/usmp.htm> as a tool to do so. Local governments can voluntarily
adopt the USMP rules and thereby satisfy most state and federal stormwater regulations including:
Phase II Stormwater, Water Supply Watersheds (WS1-4), High Quality Waters (HQW),
Outstanding Resource Waters (ORW), and Stormwater Controls for 401 Certification. Because
the USMP is as stringent as the non-point source controls of the existing ORW program, DWQ is
of the opinion that the USMP will provide an adequate level of non-point source protection
measures for T&E species.
DWQ is pleased to see local governments moving towards comprehensive protection for the Carolina
Heelsplitter. However, we strongly encourage them to design ordinances consistent with the USMP.
Please feel free to contact either me or David Toms (x577) if you have any questions. Questions
specific to the USMP program should be directed to Tom Reeder (x528)
DWQ staff will be attending the February 22 meeting.
Thanks,
1 of 2 2/17/2006 10:16 AM

[Fwd: Comments on draft MOU]
Alan Clark
Phone: [phone] x570
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Comments on draft MOU''
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