(a)  Any new development activity that disturbs one acre or more of land within the Goose Creek watershed and will result in addition of impervious surface shall control and treat the difference in the stormwater runoff from the predevelopment and post-development conditions for the one-year, 24-hour storm, with structural stormwater controls, with the exception of NC Department of Transportation and NC Turnpike Authority activities that shall be regulated in accordance with provisions of that agency's NPDES Stormwater Permit. Development and redevelopment shall implement stormwater management measures that promote infiltration of flows and groundwater recharge for the purpose of maintaining stream base flow or the delegated local government shall maintain a written explanation when it is not practical to use infiltration methods. 

(b)  Structural stormwater controls shall meet the following requirements:

(1)           Remove an 85 percent average annual amount of Total Suspended Solids;

(2)           Draw down the treatment volume no faster than 48 hours, but no slower than 120 hours, for detention ponds;

(3)           Discharge the storage volume at a rate equal or less than the pre-development discharge rate for the one-year, 24-hour storm; and

(4)           Meet Design of Stormwater Management Measures set forth in 15A NCAC 02H .1008.

(c)  Local governments may submit a written request to the Commission for authority to implement and enforce the state's stormwater protection requirements of G.S. 143-214.7 and S.L. 2006-246 within their jurisdiction.  The written request shall be accompanied by information that shows:

(1)           The local government has land use jurisdiction for the riparian buffer demonstrated by delineating the local land use jurisdictional boundary on USGS 1:24,000 topographical map(s) or other finer scale map(s);

(2)           The local government has the administrative organization, staff, legal authority, financial and other resources necessary to implement and enforce the state's stormwater requirements based on its size and projected amount of development;

(3)           The local government has adopted ordinances, resolutions, or regulations necessary to establish and maintain the state's stormwater requirements; and

(4)           The local government has provided a plan to address violations with civil or criminal remedies and actions as well as remedies that shall restore buffer functions on violation sites and provide a deterrent against the occurrence of future violations.

(d)  Within 90 days after the Commission has received the request for delegation, the Commission shall notify the local government based on standards as set out in Paragraph (c) of this Rule whether it has been approved, approved with modifications, or denied.

(e)  The Commission, upon determination that a delegated local authority is failing to implement or enforce the requirements in keeping with a delegation, shall notify the delegated local authority in writing of the local program's inadequacies.  If the delegated local authority has not corrected the deficiencies within 90 days of receipt of the written notification, then the Commission shall rescind the delegation of authority to the local government and shall implement and enforce the state's stormwater requirements.

(f)  Limits of delegated local authority are as follows: The Commission shall have jurisdiction to the exclusion of local governments to implement the state's stormwater protection requirements for the following types of activities:

(1)           Activities undertaken by the State;

(2)           Activities undertaken by the United States;

(3)           Activities undertaken by multiple jurisdictions; and

(4)           Activities undertaken by local units of government.

(g)  Recordkeeping requirements are as follows:  Delegated local authorities shall maintain on-site records for a minimum of five years. Delegated local authorities must furnish a copy of these records to the Director within 30 days of receipt of a written request for the records.  The Division of Water Quality shall inspect local stormwater programs to ensure that the programs are being implemented and enforced in keeping with an approved delegation. 


History Note:        Authority G.S. 143-214.1; 143-215.3(a)(1); 143-215.8A;143-214.7, S.L. 2006-246;

Eff. February 1, 2009.