The delineation and classification of stormwater areas is based on the following description of North Carolina stormwater programs.
Post-Construction? requirements are a piece of the Phase II stormwater requirements for development projects in designated municipalities, their ETJs, urbanizing areas, and ?municipal sphere of influence? (MSI) boundaries around all Phase II municipalities. Either the State (DWQ) or the local government (city or county, depending) will implement Post-Construction requirements.
There are other existing Stormwater Programs that, in some cases, satisfy the Phase II Post-Construction requirements. These do not change the areas where Phase II applies, but these other programs may dictate what the developer must do and/or from whom he/she gets approval for a plan. The following is a summary of how these programs interact:
Phase II Municipalities:
Phase II Post-Construction is implemented in all Phase II municipalities and corresponding ETJs (with a few exceptions), even inside cities that were ?exempted? from a permit to run their own program either 1) because of population or 2) because they do not own or operate a municipal separate storm sewer system (MS4). If the municipality has an MS4 permit, it will implement the requirements. For ?exempted? entities, DWQ (or another delegated authority) implements Post-Construction within those jurisdictions instead. Other stormwater programs also still apply (and some may be ?deemed compliant? with Phase II). Therefore, in jurisdictions of exempted municipalities, the State (DWQ) implements Phase II, unless another program satisfies the requirement. For exempted Phase II municipalities where no other program is in place, the Central Office DWQ is the contact in non-coastal counties, and the DWQ Regional Office is the contact in coastal counties.
State Stormwater (State SW) Program:
This program affects all 20 Coastal Counties, as well as watersheds draining to High Quality Waters (HQW) and Outstanding Resource Waters (ORW). It is specific to development in these areas and, for the most part, this program is implemented by the DWQ Regional Offices (ROs). Since the Coastal Stormwater Rules were revised in October 2008, it is no longer necessary to distinguish whether HQW and ORW waters are fresh- or saltwater because the rules are now more consistent with Phase II requirements. Where HQW or ORW watersheds overlap Phase II areas, the existing State Stormwater Program (Coastal, HQW, or ORW) satisfies Phase II, and the contact is the DWQ Regional Office (except in some coastal jurisdictions like Wilmington, where the city implements the coastal rules). It is important to note here that by definition, waters classified as WS-I, WS-II, and Shellfishing (SA) waters are all HQW. However, WS-I & WS-II are covered by the Water Supply Protection Program, implemented by the local governments and are not included in this sub-set of HQWs. In WS-I/II areas, the local government is the contact. The State SW Program affects:
Development "within a half mile and draining to" SA waters; a half mile buffer should delineate all possible areas. Very stringent density thresholds apply here.
Development "within one mile of and draining to" HQW waters. However, this criterion does not apply to WS-I, WS-II, and coastal (where many HQW are SA).
Development "draining to" ORW waters (statewide). These areas may be smaller than 14-digit hydrologic units. Note that some watersheds have special management strategies tantamount to ORW requirements.
As of October 2008, the State Stormwater Program (Coastal and non-Coastal) requirements satisfy Phase II requirements.
Water Supply Watershed Protection Program:
There are different tiers of Water Supply classifications, and each carries specific stormwater requirements. WS Protection Program stormwater requirements satisfy Phase II Post-Construction, the requirements are implemented by local governments. The breakdown of WS watersheds and requirements follows:
WS-I & WS-II: Technically, these are subject to the State SW Program above, but the Water Supply Program at the local government level satisfies the HQW requirement (i.e., there is no need to get a State SW permit from the Regional Office). Requirements will also vary based on whether the watershed is a Critical Area (CA) or Protected Area (PA). However, where WS-I & WS-II areas overlap ORWs, both the DWQ Regional Office and the Local Government should be contacted (this is a correction from previous years, verified by J. Ventaloro of DWQ.)
WS-III & WS-IV: These areas are different from the State SW program above but do have stormwater requirements at the local government level. Where WS-III & WS-IV areas overlap HQWs, ORWs, or coastal counties, both the DWQ Regional Office and the Local Government should be contacted.
WS-I through WS-IV requirements in the WS Protection Program satisfy Phase II requirements. Where WS-I and WS-II overlap ORWs, both State SW Program and Local Program requirements apply. Where WS-III and WS-IV overlap HQW/ORW/Coastal Counties, both State SW Program and Local Program requirements apply.
Lake Randleman Water Supply Protection Stormwater Requirements:
This is essentially a ?special? subset of the WS Watershed Protection Program. All local governments ?that have land use authority within the Randleman Lake watershed? must comply with the stormwater management rules for this program. Both Guilford and Randolph counties implement this program; therefore, a project anywhere in the watershed is subject to this program (and some jurisdictions may implement it within ETJ even beyond the watershed). The stormwater requirements differ based on whether the project is in the upper portion (part of Deep River watershed draining to Oakdale-Cotton Mill Dam) or lower portion (Deep River watershed upstream and draining to Randleman Lake Dam, from Oakdale-Cotton Mill Dam). The local governments that implement this program are: Guilford & Randolph counties; and the towns of Archdale, Greensboro, High Point, Jamestown, and Randleman.
The Lake Randleman WS Protection requirements satisfy Phase II.
Neuse and Tar-Pamlico NSW Strategy Stormwater Management Programs:
The 15 largest local governments implement this program in the Neuse Basin (only portions within the basin):
Cary, Smithfield, Durham, Wilson, Garner, Goldsboro, Havelock, Kinston, New Bern, Raleigh, as well as Orange County*, Durham County*, Johnston County*, Wake County*, and Wayne County*.
Six municipalities and five counties implement this in the Tar-Pamlico Basin (only portions within the basin):
Greenville, Henderson, Oxford, Rocky Mount, Tarboro, and Washington. The counties are: Beaufort*, Edgecombe*, Franklin*, Nash*, and Pitt*.
*Only applicable to areas under jurisdiction of respective county (i.e., unincorporated areas).
Both the Neuse and Tar-Pamlico NSW strategy programs satisfy Phase II requirements. However, these programs do not satisfy State SW or WS requirements.
Lake Jordan Water Supply NSW Stormwater Management:
These rules were finalized in August 2009 as Session Law 2009-484. Ultimately, stormwater management requirements for new development will apply to local governments in the Jordan watershed. For more information on which local governments currently do what, go to www.jordanlake.org. Right now, DWQ continues to administer Phase II requirements in parts of this watershed.
Falls Lake Water Supply NSW Stormwater Management:
Draft rules on this strategy went out to public comment in March 2010. Ultimately, stormwater management requirements for new development will apply to local governments in the Jordan watershed. Right now, DWQ continues to administer Phase II requirements in parts of this watershed.
It is important to remember that a local government may choose to pass ordinances, etc. that are above and beyond what existing stormwater programs or Phase II Post-Construction. This is even a possibility in areas outside of Phase II areas. Therefore, it is important to remind the user to check for specific local government requirements no matter where they are.