Regulatory Update

Mike Randallmike.randall@ncdenr.gov(919) 807‐6374

Common Plan of DevelopmentA construction or land disturbing activity is part of a larger common plan of development if it is completed in one or more of the following ways:

• In separate stages• In separate phases• In combination with other construction activities

It is identified by the documentation (including but not limited to a sign, public notice or hearing, sales pitch, advertisement, loan application, drawing, plats, blueprints, marketing plans, contracts, permit application, zoning request, or computer design) or physical demarcation (including but not limited to boundary signs, lot stakes, or surveyor markings) indicating that construction activities may occur on a specific plot.

It can include one operator or many operators.

Common Plan of Development• Subdividing property does not constitute a common plan of

development, i.e., one - ten acre parcel to 10-one acre parcel.• Property that is developed over several years does not

constitute a common plan of development• There has been no public notice nor hearing, no sales pitch, no advertisement,

no loan application for a common plan, no drawing, plats, blueprints, marketing plans, contracts, permit application, zoning request, or computer design showing a common plan of development nor;

• Physical demarcation, i.e., boundary signs, lot stakes, or surveyor markings indicating that construction activities may occur on a specific plot.

• Access roads that are not part of a larger common plan of development does not constitute a common plan of development

Common Plan of DevelopmentParking required by a local government ordinance added in a separate stage and or phase may be part of a larger common plan of development even if:

• It is not shown on a an approved plan, loan application, drawing, plats, blueprints, contracts, permit application, zoning request, or computer design

• There are not any physical demarcation i.e., lot stakes, or surveyor markings indicating that construction activities may occur on a specific plot.

Flooding• DEMLR will investigate complaints• Limited only to determine if the stormwater collection system,

whether for the construction activity or post-construction, is operating as permitted

• Determine if additional corrective measures are needed to comply with the erosion and sediment regulations or to otherwise comply with the conditions of a permit

• Take corrective steps allowed under our established regulations and/or any permit issued

• Many of the flooding problems are beyond that.

Flooding• NC State Supreme Court case - Pendergrast versus Aiken• Establishes the rights and limitations to water runoff

redirection by adopting a “reasonable use rule”• The “reasonable use rule” generally means that

landowners are allowed to make reasonable use of their lands without liability.

• Reasonableness is a legal question determined in a civil action by weighing the gravity of harm the injured landowner against the utility of the defendant.

OR

• Low density or high density• Match the Pre and Post stormwater runoff using low impact practices• 90% Storm• Storm EZ

Minimum Compliance

COMPLIANCE SCALE – TRADITIONAL APPROACH

VOLUME MATCHING SCALE – ALTERNATIVE DESIGN

Volume Matching …

• High density• 85% TSS Removal • Design Storm - generally either the one inch or inch and half• SWU 101 OR Storm EZ

• BMP implementation and assessment• End of pipe BMPs for volume control• High groundwater tables - Interaction with septic tanks

and damaged sewage infrastructure, • Sharing regional data on this issue in order to select

appropriate BMPs • Public understanding and outreach

Impaired WatersMid Atlantic Stormwater Stakeholder (MASS) task force

Main Points/Near Term Goals

Impaired WatersMid Atlantic Stormwater Stakeholder (MASS) task force

• NC Coastal Federation • Universidade Federal de Santa Catarina (UFSC) / UNC‐CH• UNC‐CH Institute of Marine Sciences• UNC‐CH Department of Environmental Sciences and Engineering• HRSD • Moffatt & Nichol• Local Governments Atlantic Beach, Beaufort, Emerald Isle Nags Head

Pine Knoll Shores, Wrightsville Beach, Hampton Roads, Virginia Beach• NCDENR Shellfish Sanitation & Water Quality• Salisbury University• Tetra Tech, Inc.• NCDENR Stormwater Permitting Unit• Duke University, Nicholas School for the Environment• North Carolina State University• Coastal Planning and Engineering

Impaired WatersSteering Committee Meeting for Governor’s South

Atlantic Alliance (GSAA) Project• Who

• Kristine Cherry, GSAA• Kayleigh Michaelides, FL DEP/GSAA• John Dorney and Jason Doll w Moffatt & Nichol• Todd Miller and Lauren Kolodij, NC Coastal Federation• Andy Miller (SCDHEC)• Kelly Hill (GADNR)• Gary Raulerson (FLDEP)• Mike Randall (NCDENR)

• Review the NCCF Watershed Restoration Guidebook as the organizing framework

• Review the highlights and structure of the BMP Compendium• Finalize a detailed work plan• Plan logistics and target audience for Train the Trainer Session

Impaired WatersSteering Committee Meeting for Governor’s South

Atlantic Alliance (GSAA) Project

Sustainable MS4 Program

Program Implementation

Gap Analysis

GAP ANALYSIS

Program Development

Program Development

Program Implementation

Program Implementation

Gap Analysis

• Is a Gap Analysis performed at least once every three years:– By the MS4 – By another MS4 – By an independent third party

• Does the local government use a checklist?

Program Development

Program Implementation

Program Implementation

Gap AnalysisGap Analysis

GAP ANALYSIS PROGRAM DEVELOPMENT

• Has the MS4 identified the requirements?

• Has the MS4 identified the resources?• Has the MS4 identified and fostered

partnerships?• Has the MS4 developed written plans,

policies, procedures, and practices?

Program Development

Program Development

Program Implementation

Gap AnalysisGap Analysis

GAP ANALYSIS PROGRAM IMPLEMENTATION

• Has the MS4 developed and fostered relationships with other departments?

• Has the MS4 developed a process to identify, document, track, and report deficiencies

• Has the MS4 developed a process to implement corrective action?

Regulatory Update

Mike Randallmike.randall@ncdenr.gov(919) 807‐6374

Questions